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

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US District Court Civil Docket as of 8/10/2011 Retrieved from the court on September 1, 2011 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv-04063-JGK Plumbers and Pipefitters Local Union No. 630 Pension- Annuity Trust Fund et al v. Arbitron, Inc. et al Assigned to: Judge John G. Koeltl Related Case: 1:08-cv-06425-JGK Cause: 15:78m(a) Securities Exchange Act Date Filed: 04/30/2008 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund Individually 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 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] LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel Howard Rudman

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

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US District Court Civil Docket as of 8/10/2011 Retrieved from the court on September 1, 2011

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

CIVIL DOCKET FOR CASE #: 1:08-cv-04063-JGK

Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund et al v. Arbitron, Inc. et al Assigned to: Judge John G. Koeltl

Related Case: 1:08-cv-06425-JGK

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

Date Filed: 04/30/2008 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff

Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund Individually

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 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] LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel Howard Rudman

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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] LEAD ATTORNEY ATTORNEY TO BE NOTICED Fainna Kagan 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 Marisa N. DeMato Robbins Geller Rudman & Dowd LLP 58 South Services Road, Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund On Behalf of All Others Similarly Situated

represented by David Avi Rosenfeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mario Alba , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Samuel Howard Rudman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marisa N. DeMato (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

V.

Defendant

Arbitron, Inc. represented by Barry G. Sher Paul Hastings LLP (NY) 75 East 55th Street New York, NY 10022 212-318-6085 Fax: 212-230-5185 Email: [email protected] TERMINATED: 03/09/2011 LEAD ATTORNEY James D. Wareham DLA Piper US LLP(DC) 500 8th Street, N.W., Washington, DC 20004 (202) 799-4515 Fax: (202) 799-5515 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED William Albert Novomisle Paul Hastings LLP (NY) 75 East 55th Street New York, NY 10022 (212) 318-6868 Fax: (212) 230-5112

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Email: [email protected] TERMINATED: 03/09/2011 LEAD ATTORNEY James E. Anklam DLA Piper US LLP(DC) 500 8th Street, N.W., Washington, DC 20004 (202) 799-4514 Fax: (202) 799-5514 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey David Rotenberg DLA Piper US LLP (NY) 1251 Avenue of the Americas New York, NY 10020 (212) 335-4556 Fax: (917) 778-8556 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Stephen B. Morris represented by Barry G. Sher (See above for address) TERMINATED: 03/09/2011 LEAD ATTORNEY Jonathan D Polkes Weil, Gotshal & Manges LLP (NYC) 767 Fifth Avenue, 25th Fl. New York, NY 10153 (212) 310-8000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED William Albert Novomisle (See above for address) TERMINATED: 03/09/2011 LEAD ATTORNEY

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Defendant

Sean R. Creamer TERMINATED: 09/24/2010

represented by Barry G. Sher (See above for address) TERMINATED: 03/09/2011 LEAD ATTORNEY Michael A. Asaro Akin Gump Strauss Hauer & Feld LLP (NYC) One Bryant Park New York, NY 10036 (212)-872-8100 Fax: (212)-872-1002 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Benjamin Zabel Akin Gump Strauss Hauer & Feld LLP (NYC) One Bryant Park New York, NY 10036 212-872-8060 Fax: 212-872-1002 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED William Albert Novomisle (See above for address) TERMINATED: 03/09/2011 LEAD ATTORNEY

Date Filed # Docket Text

04/30/2008 1 COMPLAINT against Stephen B. Morris, Sean R. Creamer, Arbitron, Inc.. (Filing Fee $ 350.00, Receipt Number 649443)Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually), Plumbers and Pipefitters Local Union No. 630 Pension-

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Annuity Trust Fund(On Behalf of All Others Similarly Situated).(tve) (Entered: 05/02/2008)

04/30/2008 SUMMONS ISSUED as to Stephen B. Morris, Sean R. Creamer, Arbitron, Inc.. (tve) (Entered: 05/02/2008)

04/30/2008 Magistrate Judge Theodore H. Katz is so designated. (tve) (Entered: 05/02/2008)

04/30/2008 Case Designated ECF. (tve) (Entered: 05/02/2008)

04/30/2008 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually), Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated).(tve) (Entered: 05/02/2008)

06/20/2008 3 AFFIDAVIT OF SERVICE. Stephen B. Morris served on 5/2/2008, answer due 5/22/2008. Service was accepted by Jennifer Simmons, Authorized to Accept Service. Service was made by mail also.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Rosenfeld, David) (Entered: 06/20/2008)

06/20/2008 4 AFFIDAVIT OF SERVICE. Arbitron, Inc. served on 5/2/2008, answer due 5/22/2008. Service was accepted by Jennifer Simmons, Person Authorized to Accept Service of Process. Service was made by mail also. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). (Rosenfeld, David) (Entered: 06/20/2008)

06/20/2008 5 AFFIDAVIT OF SERVICE. Sean R. Creamer served on 5/2/2008, answer due 5/22/2008. Service was accepted by Jennifer Simmons, Authorized to Accept Service. Service was made by mail also. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). (Rosenfeld, David) (Entered: 06/20/2008)

06/30/2008 6 MOTION to Appoint Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund to serve as lead plaintiff(s). Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Attachments: # 1 Text of Proposed Order)(Alba, Mario)

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(Entered: 06/30/2008)

06/30/2008 7 MEMORANDUM OF LAW in Support re: 6 MOTION to Appoint Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund to serve as lead plaintiff(s). MOTION to Appoint Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund to serve as lead plaintiff(s).. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). (Alba, Mario) (Entered: 06/30/2008)

06/30/2008 8 DECLARATION of Mario Alba Jr. in Support re: 6 MOTION to Appoint Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund to serve as lead plaintiff(s). MOTION to Appoint Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund to serve as lead plaintiff(s).. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). (Attachments: # 1 Exhibit A - notice, # 2 Exhibit B - loss chart, # 3 Exhibit C - certification, # 4 Exhibit D - firm resume)(Alba, Mario) (Entered: 06/30/2008)

07/01/2008 9 NOTICE OF APPEARANCE by Barry G. Sher on behalf of Stephen B. Morris, Sean R. Creamer, Arbitron, Inc. (Sher, Barry) (Entered: 07/01/2008)

07/02/2008 10 NOTICE OF APPEARANCE by William Albert Novomisle on behalf of Stephen B. Morris, Sean R. Creamer, Arbitron, Inc. (Novomisle, William) (Entered: 07/02/2008)

07/08/2008 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Neuberger Berman, Inc.; Neuberger Berman, LLC; Neuberger Management Inc.; Neuberger Equity Funds; Abrams Capital Partners II, L.P.; Abrams Capital, LLC; Pamet Capital Management, LLC; Pamet Capital Management, L.P.; David Abrams and Lord, Abbett & Co. LLC as Corporate Parent. Document filed by Stephen B. Morris, Sean R. Creamer, Arbitron, Inc..(Novomisle, William) (Entered: 07/08/2008)

07/08/2008 13 MOTION for James D. Wareham and James E. Anklam to Appear Pro Hac Vice for defendants Arbitron, Stephen B. Morris, and Sean R. Creamer. Document filed by Stephen B. Morris, Sean R. Creamer, Arbitron, Inc.(cd) (Additional attachment(s) added on 7/14/2008: # 1 Text of Proposed Order) (cd). (Entered: 07/14/2008)

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07/11/2008 12 STIPULATION AND ORDER CONCERNING DEFENDANTS' INITIAL RESPONSIVE FILINGS: It is hereby stipulated and agreed by and between the parties that plaintiff Plumbers and Pipefitters Local Union No. 630 Pension Annuity Trust Fund shall have until 45 days after entry of the Court's Order appointing a lead plaintiff in which to file an amended complaint. The parties further stipulate and agree that defendants, Arbitron, Inc., Stephen B. Morris, and Sean R. Creamer, shall not be required to file any responsive papers until 45 days after the filing of an amended complaint pursuant to paragraph 1, or 45 days after the deadline set forth herein has passed. Plaintiffs shall have 45 days to respond to any motions filed by the defendants with respect to the pleadings. Defendants shall have 30 days to file a reply brief in support of nay motion filed by defendants with respect to the pleadings. (Signed by Judge John G. Koeltl on 7/10/2008) (jpo) (Entered: 07/11/2008)

07/15/2008 14 ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE: granting 13 Motion for James D. Wareham and James E. Anklam to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/15/2008) (jfe) (Entered: 07/15/2008)

07/15/2008 CASHIERS OFFICE REMARK on 14 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 07/08/2008, Receipt Number 656110. (jd) (Entered: 07/15/2008)

07/23/2008 15 STIPULATION AND ORDER APPOINTING LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL: IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel, subject to the approval of the Court, that Plumbers and Pipefitters Trust Fund shall be, and hereby is, appointed Lead Plaintiff. The law firm of Coughliin Stoia Geller Rudman & Robbins L.L.P., shall be, and hereby is, appointed Lead Counsel. (Signed by Judge John G. Koeltl on 7/19/2008) (jfe) (Entered: 07/23/2008)

09/03/2008 16 STIPULATION AND [PROPOSED] ORDER, It is hereby stipulated that: Lead plaintiff shall file and serve an amended complaint by no later than September 22, 2008; Defendants shall respond to the amended complaint by no later than November 6, 2008; Lead plaintiff shall respond to any motion filed by defendant by no later than December 22, 2008; and Defendants shall file any reply by no later than January 22, 2009. ( Amended Pleadings due by 9/22/2008., Responses due by 11/6/2008) (Signed by Judge John G. Koeltl on 9/3/08) (mme) (Entered: 09/03/2008)

09/04/2008 17 STIPULATION AND ORDER, IT IS HEREBY STIPULATED by the parties, through their counsel of record, and subject to the approval of the Court, that

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Lead Plaintiff shall file and serve the Amended Complaint by no later than September 22,2008; Defendants shall respond to the Amended Complaint by no later than November 6,2008; Lead Plaintiff shall respond to any motion filed by defendants by no later than December 22, 2008; and Defendants shall file any reply papers by no later than January 22, 2009.(Signed by Judge John G. Koeltl on 8/28/08) (mme) Modified on 10/9/2008 (mme). (Entered: 09/04/2008)

09/04/2008 Set Deadlines/Hearings: Replies due by 1/22/2009. Responses due by 12/22/2008 (mme) (Entered: 10/09/2008)

09/22/2008 18 AMENDED COMPLAINT amending 1 Complaint, against Stephen B. Morris, Sean R. Creamer, Arbitron, Inc..Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually), Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). Related document: 1 Complaint, filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund. (Attachments: # 1 amended class action complaint)(dle) (Entered: 09/24/2008)

11/05/2008 19 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS' INITIAL RESPONSIVE PLEADINGS; by the parties, through their counsel of record, and subject approval: Defendants shall file papers responsive to the Amended Complaint by no later than 11/25/2008. Lead Plaintiff shall respond to any motion filed by defendants by by no later than 1/9/2009; and Defendants shall file any reply papers by no later than 2/9/2009. So ordered. (Signed by Judge John G. Koeltl on 11/3/2008) (tve) (Entered: 11/05/2008)

11/25/2008 20 NOTICE OF APPEARANCE by Michael A. Asaro on behalf of Sean R. Creamer (Asaro, Michael) (Entered: 11/25/2008)

11/25/2008 21 NOTICE OF APPEARANCE by Richard Benjamin Zabel on behalf of Sean R. Creamer (Zabel, Richard) (Entered: 11/25/2008)

11/25/2008 22 NOTICE OF APPEARANCE by Jonathan D Polkes on behalf of Stephen B. Morris (Polkes, Jonathan) (Entered: 11/25/2008)

11/25/2008 23 MOTION to Dismiss. Document filed by Sean R. Creamer. Responses due by 1/9/2009(Asaro, Michael) (Entered: 11/25/2008)

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11/25/2008 24 MOTION to Dismiss the Amended Class Action Complaint. Document filed by Stephen B. Morris.(Polkes, Jonathan) (Entered: 11/25/2008)

11/25/2008 25 MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Stephen B. Morris. (Polkes, Jonathan) (Entered: 11/25/2008)

11/25/2008 26 MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss. Memorandum of Law in Support of Defendant Sean R. Creamer's Motion to Dismiss. Document filed by Sean R. Creamer. (Attachments: # 1 Certificate of Service)(Asaro, Michael) (Entered: 11/25/2008)

11/25/2008 27 DECLARATION of Anthony J. Albanese in Support re: 24 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Stephen B. Morris. (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)(Polkes, Jonathan) (Entered: 11/25/2008)

11/25/2008 28 DECLARATION of Michael A. Asaro in Support re: 23 MOTION to Dismiss.. Document filed by Sean R. Creamer. (Attachments: # 1 Certificate of Service)(Asaro, Michael) (Entered: 11/25/2008)

11/25/2008 29 MOTION to Dismiss the Amended Class Action Complaint. Document filed by Arbitron, Inc..(Sher, Barry) (Entered: 11/25/2008)

11/25/2008 30 DECLARATION of William A. Novomisle, Esq. in Support re: 29 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Arbitron, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit A8, # 9 Exhibit A9, # 10 Exhibit A10, # 11 Exhibit A11, # 12 Exhibit A12, # 13 Exhibit A13, # 14 Exhibit A14, # 15 Exhibit A15, # 16 Exhibit A16, # 17 Exhibit A17, # 18 Exhibit A18, # 19 Exhibit A19, # 20 Exhibit A20, # 21 Exhibit A21, # 22 Exhibit A22, # 23 Exhibit A23, # 24 Exhibit A24, # 25 Exhibit A25, # 26 Exhibit A26, # 27 Exhibit A27, # 28 Exhibit A28, # 29 Exhibit A29, # 30 Exhibit A30, # 31 Exhibit A31, # 32 Exhibit A32, # 33 Exhibit A33, # 34 Exhibit A34, # 35 Exhibit A35)(Sher, Barry) (Entered: 11/25/2008)

11/25/2008 31 MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Arbitron, Inc..

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(Attachments: # 1 Continuation of Memoeandum of Law in Support of Motion to Dismiss Amended Class Action Complaint)(Sher, Barry) (Entered: 11/25/2008)

01/08/2009 32 ENDORSED LETTER addressed to Judge John G. Koeltl from David A. Rosenfeld dated 1/6/09 re: Counsel for Lead Plaintiff write to follow up on Defendants' letter to the Court, dated 11/25/08, requesting a page limit extension on Defendants' memoranda of law in support of their motions to dismiss. Accordingly, Plaintiff renews its request to file one memorandum of no more than 71 pages in order to effectively and efficiently respond to all three motions. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 1/7/09) (tro) (Entered: 01/08/2009)

01/09/2009 33 STIPULATION AND ORDER, that: 1. Lead Plaintiff shall have until January 23, 2009, to file and serve its response to the motions to dismiss; and 2. Defendants shall file and serve their reply papers by February 23, 2009. (Signed by Judge John G. Koeltl on 1/8/09) (pl) (Entered: 01/09/2009)

01/23/2009 34 MOTION to Strike Document No. [Portions of the DECLARATION OF WILLIAM A. NOVOMISLE]. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually).(Rosenfeld, David) (Entered: 01/23/2009)

01/23/2009 35 MEMORANDUM OF LAW in Support re: 34 MOTION to Strike Document No. [Portions of the DECLARATION OF WILLIAM A. NOVOMISLE].. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). (Rosenfeld, David) (Entered: 01/23/2009)

01/23/2009 36 MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss the Amended Class Action Complaint., 29 MOTION to Dismiss the Amended Class Action Complaint., 23 MOTION to Dismiss.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Rosenfeld, David) (Entered: 01/23/2009)

01/23/2009 37 DECLARATION of David A. Rosenfeld in Opposition re: 24 MOTION to Dismiss the Amended Class Action Complaint., 29 MOTION to Dismiss the Amended Class Action Complaint., 23 MOTION to Dismiss.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit

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H)(Rosenfeld, David) (Entered: 01/23/2009)

02/06/2009 38 MEMORANDUM OF LAW in Opposition re: 34 MOTION to Strike Document No. [Portions of the DECLARATION OF WILLIAM A. NOVOMISLE].. Document filed by Arbitron, Inc.. (Novomisle, William) (Entered: 02/06/2009)

02/20/2009 39 REPLY MEMORANDUM OF LAW in Support re: 34 MOTION to Strike Document No. [Portions of the DECLARATION OF WILLIAM A. NOVOMISLE].. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Rosenfeld, David) (Entered: 02/20/2009)

02/23/2009 40 ENDORSED LETTER addressed to Judge John G. Koeltl from Bill Novomisle dated 2/19/09 re: Defendant Arbitron now requests that the Court permit the following Arbitron may file a reply brief in support of the main motion to dismiss not to exceed 20 pages and each individual Defendant may file a reply brief not to exceed 10 pages per individual defendant. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 2/20/09) (js) (Entered: 02/23/2009)

02/23/2009 41 REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Stephen B. Morris. (Polkes, Jonathan) (Entered: 02/23/2009)

02/23/2009 42 REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss.. Document filed by Sean R. Creamer. (Asaro, Michael) (Entered: 02/23/2009)

02/23/2009 43 REPLY MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Arbitron, Inc.. (Novomisle, William) (Entered: 02/23/2009)

03/24/2009 44 NOTICE OF APPEARANCE by Fainna Kagan on behalf of Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually) (Kagan, Fainna) (Entered: 03/24/2009)

08/11/2009 45 ORDER: The defendants are requested to provide the Court with a second set of courtesy copies of all supporting and opposition papers in connection with the pending motions by 8/14/09. The motions are scheduled for argument on 9/23/2009 at 04:30 PM before Judge John G. Koeltl. (Signed by Judge John G.

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Koeltl on 8/10/09) (tro) (Entered: 08/11/2009)

09/15/2009 46 ORDER: The plaintiff's application to file an amended complaint is granted. The defendants' motions to dismiss the original complaint are denied as moot without prejudice to renewal against the amended complaint. The parties will submit a mutually agreed upon schedule for filing the amended complaint and any subsequent responses. The Clerk is directed to close Docket Nos. 23, 24, 29 and 34. So Ordered. (Signed by Judge John G. Koeltl on 9/14/09) (js) (Entered: 09/15/2009)

09/23/2009 47 STIPULATION AND ORDER REGARDING THE FILING OF SECOND AMENDED COMPLAINT AND RELATED BRIEFING: 1. Lead Plaintiff shall file a Second Amended Complaint by October 19, 2009; 2. Defendants shall file and serve their motion to dismiss, or any other motion in response to the Second Amended Complaint, by December 3, 2009; 3. Lead Plaintiff shall have until January 17, 2010 to file and serve their opposition; and 4. Defendants shall file and serve their reply papers by February 16, 2010. (Amended Pleadings due by 10/19/2009. Motions due by 12/3/2009. Replies due by 2/16/2010. Responses due by 1/17/2010) (Signed by Judge John G. Koeltl on 9/23/09) (db) (Entered: 09/23/2009)

09/24/2009 48 STIPULATION AND ORDER REGARDING THE FILING OF SECOND AMENDED COMPLAINT AND RELATED BRIEFING; Lead Plaintiff shall file a Second Amended Complaint by October 19, 2009; Defendants shall file and serve their motion to dismiss, or any other motion in response to the Second Amended Complaint, by December 3, 2009; Lead Plaintiff shall have until January 17, 2010 to file and serve their opposition; and Defendants shall file and serve their reply papers by February 16, 2010. (Signed by Judge John G. Koeltl on 9/23/09) (djc) (Entered: 09/24/2009)

09/24/2009 49 CORRECTED STIPULATION AND ORDER REGARDING THE FILING OF SECOND AMENDED COMPLAINT AND RELATED BRIEFING: 1. Lead Plaintiff shall file a Second Amended Complaint by October 19, 2009; 2. Defendants shall file and serve their motion to dismiss, or any other motion in response to the Second Amended Complaint, by December 3, 2009; 3. Lead Plaintiffshall have until January 18, 2010 to file and serve their opposition; and 4. Defendants shall file and serve their reply papers by February 17, 2010. (Amended Pleadings due by 10/19/2009. Motions due by 12/3/2009. Replies due by 2/17/2010. Responses due by 1/18/2010) (Signed by Judge John G. Koeltl on 9/24/09) (db) (Entered: 09/24/2009)

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09/28/2009 50 CORRECTED STIPULATION AND ORDER REGARDING THE FILING OF SECOND AMENDED COMPLAINT AND RELATED BRIEFING: Lead Plaintiff shall file a Second Amended Complaint by 10/19/09. Defendants shall file and serve their motion to dismiss, or any other motion in response to the Second Amended Complaint by, 12/3/09. Lead Plaintiff shall have until 1/18/2010 to file and serve their opposition. Defendants shall file and serve their reply papers by 2/17/2010. (Signed by Judge John G. Koeltl on 9/25/09) (tro) (Entered: 09/28/2009)

10/16/2009 51 TRANSCRIPT of proceedings held on September 14, 2009 at 2:53 pm before Judge John G. Koeltl. (eef) (Entered: 10/16/2009)

10/19/2009 52 SECOND AMENDED COMPLAINT amending 18 Amended Complaint, against Stephen B. Morris, Sean R. Creamer, Arbitron, Inc.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually), Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). Related document: 18 Amended Complaint, filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund.(dle) (Entered: 10/20/2009)

12/07/2009 53 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS' AND PLAINTIFF'S RESPONSIVE FILINGS; (1) Defendants shall file papers responsive to the Amended Complaint by no later than December 17, 2009; (2) Lead Plaintiff shall respond to any motion filed by defendants by no later than February 15, 2010; and (3) Defendants shall file any reply papers by no later than March 17, 2010. SO ORDERED. (Signed by Judge John G. Koeltl on 12/4/2009) (tve) (Entered: 12/07/2009)

12/08/2009 54 AMENDED STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS' AND PLAINTIFF'S RESPONSIVE FILINGS: Defendants shall file papers responsive to the Amended Complaint by no later than December 17, 2009; Lead Plaintiff shall respond to any motion filed by defendants by no later than February 16, 2010; Defendants shall file any reply papers by no later than March 18, 2010. (Signed by Judge John G. Koeltl on 12/8/2009) (jpo) (Entered: 12/08/2009)

12/16/2009 55 ENDORSED LETTER addressed to Judge John G. Koeltl from Bill Novomisle dated 12/15/2009 re: Arbitron now requests that this Court permit the same page limits as noted within with respect to motions to dismiss Plaintiff's Second Amended Class Action Complaint. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G.

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Koeltl on 12/16/2009) (tve) (Entered: 12/16/2009)

12/17/2009 56 MOTION to Dismiss The Second Amended Class Action Complaint. Document filed by Sean R. Creamer.(Asaro, Michael) (Entered: 12/17/2009)

12/17/2009 57 MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Sean R. Creamer. (Asaro, Michael) (Entered: 12/17/2009)

12/17/2009 58 DECLARATION of Michael A. Asaro in Support re: 56 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Sean R. Creamer. (Asaro, Michael) (Entered: 12/17/2009)

12/17/2009 59 MOTION to Dismiss The Second Amended Class Action Complaint. Document filed by Stephen B. Morris.(Polkes, Jonathan) (Entered: 12/17/2009)

12/17/2009 60 DECLARATION of Anthony J. Albanese in Support re: 59 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Stephen B. Morris. (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)(Polkes, Jonathan) (Entered: 12/17/2009)

12/17/2009 61 MEMORANDUM OF LAW in Support re: 59 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Stephen B. Morris. (Polkes, Jonathan) (Entered: 12/17/2009)

12/17/2009 62 MOTION to Dismiss the Second Amended Class Action Complaint. Document filed by Arbitron, Inc..(Novomisle, William) (Entered: 12/17/2009)

12/17/2009 63 MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss the Second Amended Class Action Complaint.. Document filed by Arbitron, Inc.. (Attachments: # 1 Continuation of Memorandum of Law in Support of Motion to Dismiss Second Class Action Complaint)(Novomisle, William) (Entered: 12/17/2009)

12/17/2009 64 DECLARATION of William A. Novomisle in Support re: 62 MOTION to Dismiss the Second Amended Class Action Complaint.. Document filed by Arbitron, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit A8,

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# 9 Exhibit A9, # 10 Exhibit A10, # 11 Exhibit A11, # 12 Exhibit A12, # 13 Exhibit A13, # 14 Exhibit A14, # 15 Exhibit A15, # 16 Exhibit A16, # 17 Exhibit A17, # 18 Exhibit A18, # 19 Exhibit A19, # 20 Exhibit A20, # 21 Exhibit A21, # 22 Exhibit A22, # 23 Exhibit A23, # 24 Exhibit A24, # 25 Exhibit A25, # 26 Exhibit A26, # 27 Exhibit A27, # 28 Exhibit A28, # 29 Exhibit A29, # 30 Exhibit A30, # 31 Exhibit A31, # 32 Exhibit A32, # 33 Exhibit A33, # 34 Exhibit A34, # 35 Exhibit A35)(Novomisle, William) (Entered: 12/17/2009)

02/16/2010 65 MOTION to Strike Document No. [certain exhibits attached to the Declaration of William A. Novomisle, dated December 17, 2009]. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually).(Rosenfeld, David) (Entered: 02/16/2010)

02/16/2010 66 MEMORANDUM OF LAW in Support re: 65 MOTION to Strike Document No. [certain exhibits attached to the Declaration of William A. Novomisle, dated December 17, 2009]. MOTION to Strike Document No. [certain exhibits attached to the Declaration of William A. Novomisle, dated December 17, 2009].. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Rosenfeld, David) (Entered: 02/16/2010)

02/16/2010 67 MEMORANDUM OF LAW in Opposition re: 59 MOTION to Dismiss The Second Amended Class Action Complaint., 62 MOTION to Dismiss the Second Amended Class Action Complaint., 56 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). (Rosenfeld, David) (Entered: 02/16/2010)

02/16/2010 68 DECLARATION of David A. Rosenfeld in Opposition re: 59 MOTION to Dismiss The Second Amended Class Action Complaint., 62 MOTION to Dismiss the Second Amended Class Action Complaint., 56 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (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)(Rosenfeld, David) (Entered: 02/16/2010)

03/09/2010 69 STIPULATION AND ORDER A EXTENDING TIME FOR DEFENDANTS' RESPONSIVE FILINGS TO PLAINTIFF'S MOTION TO STRIKE AND AGREED by the parties, through their counsel of record, subject to this Court's approval, that Defendants shall file papers responsive to the Motion to

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Strike by no later than March 18, 2010; Lead Plaintiff shall file any reply papers in support of its Motion to Strike by no later than March 29, 2010. ( Replies due by 3/29/2010, Responses due by 3/18/2010) (Signed by Judge John G. Koeltl on 3/8/2010) (jmi) (Entered: 03/09/2010)

03/18/2010 70 REPLY MEMORANDUM OF LAW in Support re: 59 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Stephen B. Morris. (Polkes, Jonathan) (Entered: 03/18/2010)

03/18/2010 71 REPLY MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss The Second Amended Class Action Complaint.. Document filed by Sean R. Creamer. (Asaro, Michael) (Entered: 03/18/2010)

03/18/2010 72 REPLY MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss the Second Amended Class Action Complaint.. Document filed by Arbitron, Inc.. (Novomisle, William) (Entered: 03/18/2010)

03/18/2010 73 MEMORANDUM OF LAW in Opposition re: 65 MOTION to Strike Document No. [certain exhibits attached to the Declaration of William A. Novomisle, dated December 17, 2009]. MOTION to Strike Document No. [certain exhibits attached to the Declaration of William A. Novomisle, dated December 17, 2009].. Document filed by Arbitron, Inc.. (Novomisle, William) (Entered: 03/18/2010)

03/26/2010 74 NOTICE of Change of Firm Name. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated). (Rudman, Samuel) (Entered: 03/26/2010)

03/29/2010 75 REPLY MEMORANDUM OF LAW in Support re: 65 MOTION to Strike Document No. [certain exhibits attached to the Declaration of William A. Novomisle, dated December 17, 2009]. MOTION to Strike Document No. [certain exhibits attached to the Declaration of William A. Novomisle, dated December 17, 2009].. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosenfeld, David) (Entered: 03/29/2010)

06/29/2010 76 NOTICE OF ORAL ARGUMENT: Oral Argument set for 7/8/2010 at 10:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (tve) (Entered: 06/29/2010)

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07/06/2010 77 ENDORSED LETTER addressed to Judge John G. Koeltl from David A. Rosenfeld dated 7/1/2010 re: Counsel for Lead Plaintiff requests that the Court reschedule the oral argument for a later date. ENDORSEMENT: ADJOURNED TO FRIDAY AUGUST 6, 2010 AT 3:30 PM. (Oral Argument set for 8/6/2010 at 03:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 7/5/2010) (tro) (Entered: 07/06/2010)

09/02/2010 78 TRANSCRIPT of proceedings held on 8/6/2010 before Judge John G. Koeltl. (mbe) (Entered: 09/02/2010)

09/10/2010 79 TRANSCRIPT of proceedings held on 8/6/2010 before Judge John G. Koeltl. (jw) (Entered: 09/10/2010)

09/24/2010 80 OPINION AND ORDER #99476: For the reasons stated above, Creamer's motion to dismiss the plaintiffs' claims against him is granted, and the claims against Creamer are dismissed with prejudice. The motions to dismiss by Arbitron and Morris are denied. The plaintiffs' motion to strike is denied as moot. The clerk is directed to close docket Nos. 57, 61, 63, and 65. (Signed by Judge John G. Koeltl on 9/24/2010) (jpo) Modified on 9/27/2010 (eef). (Entered: 09/24/2010)

09/30/2010 81 ORDER: The Opinion and Order entered on September 24, 2010, has been amended to reflect the correct docket numbers. (Signed by Judge John G. Koeltl on 9/30/2010) (jfe) (Entered: 09/30/2010)

09/30/2010 82 AMENDED OPINION AND ORDER #99476 For the reasons stated above, Creamer's motion to dismiss the plaintiffs' claims against him is granted (and the claims against Creamer are dismissed with prejudice. The motions to dismiss by Arbitron and Morris are denied. The plaintiffs' motion to strike is denied as moot. The clerk is directed to close docket Nos. 56, 59, 62, and 65. SO ORDERED. (Signed by Judge John G. Koeltl on 9/30/2010) (jmi) Modified on 10/1/2010 (ajc). (Entered: 10/01/2010)

10/05/2010 83 ENDORSED LETTER addressed to Judge John G. Koeltl from Michael A. Asaro dated 10/5/10 re: We were advised recently that a court conference is scheduled on October 8, 2010 at 11:30 a.m., and write to confirm that we do not need to attend on Sean R. Creamer's behalf. ENDORSEMENT: Application granted. So ordered. (Signed by Judge John G. Koeltl on 10/5/10) (rjm) (Entered: 10/05/2010)

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10/05/2010 Set Deadlines/Hearings: Status Conference set for 10/8/2010 at 11:30 AM before Judge John G. Koeltl. (rjm) (Entered: 10/05/2010)

10/08/2010 84 STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER PLAINTIFFS' SECOND AMENDED COMPLAINT: It is hereby stipulated and agreed by the parties, through their counsel of record and subject to the approval of this Court, that defendants Arbitron Inc. and Stephen B. Morris shall have until October 29, 2010 to serve and file their Answers to the Second Amended Class action complaint. So Ordered (Signed by Judge John G. Koeltl on 10/8/10) (js) (Entered: 10/08/2010)

10/12/2010 85 ORDER Another Conference set for 11/8/2010 at 04:30 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 10/12/10) (cd) (Entered: 10/12/2010)

10/29/2010 86 ANSWER to Amended Complaint. Document filed by Arbitron, Inc.. Related document: 52 Amended Complaint, filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund.(Novomisle, William) (Entered: 10/29/2010)

10/29/2010 87 ANSWER to Amended Complaint. Document filed by Stephen B. Morris. Related document: 52 Amended Complaint, filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund.(Polkes, Jonathan) (Entered: 10/29/2010)

11/08/2010 88 STIPULATION AND CASE MANAGEMENT PLAN (ORDER): Joinder of Parties due by 8/1/2011. Class Certification Motions due 12/15/10; Opposition to Class Certification Motion due 3/1/11; Reply to Class Certification Motion due 3/16/11. Summary Judgment Motions due by 11/7/2011. Daubert Motions due by 11/7/11. Deposition due by 8/8/2011. Fact Discovery due 8/8/11. Expert Discovery due by 10/17/2011. Rule 26(a)(1) Initial Disclosures due by 8/1/2011. Joint Pretrial Order due by 12/15/2011. (Signed by Judge John G. Koeltl on 11/8/10) (db) (Entered: 11/08/2010)

12/15/2010 89 MOTION to Certify Class. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Attachments: # 1 Exhibit A)(Rudman, Samuel) (Entered: 12/15/2010)

12/15/2010 90 MEMORANDUM OF LAW in Support re: 89 MOTION to Certify Class.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit

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B)(Rudman, Samuel) (Entered: 12/15/2010)

01/31/2011 91 STIPULATION PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: This Order is not binding on the Court or Court personnel. The Court reserves the right to amend it at any time. (Signed by Judge John G. Koeltl on 1/28/2011) (jpo) (Entered: 01/31/2011)

02/17/2011 92 NOTICE OF APPEARANCE by Jeffrey David Rotenberg on behalf of Arbitron, Inc. (Rotenberg, Jeffrey) (Entered: 02/17/2011)

02/22/2011 93 NOTICE OF CHANGE OF ADDRESS by James E. Anklam on behalf of Arbitron, Inc.. New Address: DLA Piper LLP (US), 500 Eighth Street, NW, Washington, District of Columbia, USA 20004, 202-799-4514. (Anklam, James) (Entered: 02/22/2011)

03/01/2011 94 JOINT MOTION to Seal Pursuant to Protective Order. Document filed by Arbitron, Inc., Stephen B. Morris. (Attachments: # 1 Text of Proposed Order Proposed Sealing Order)(Anklam, James) (Entered: 03/01/2011)

03/01/2011 95 JOINT MEMORANDUM OF LAW in Opposition re: 89 MOTION to Certify Class.. Document filed by Arbitron, Inc., Stephen B. Morris. (Anklam, James) (Entered: 03/01/2011)

03/01/2011 96 DECLARATION of Jeffrey D. Rotenberg in Opposition re: 89 MOTION to Certify Class.. Document filed by Arbitron, Inc., Stephen B. Morris. (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)(Anklam, James) (Entered: 03/01/2011)

03/01/2011 97 SEALED DOCUMENT placed in vault.(mps) (Entered: 03/02/2011)

03/09/2011 98 ORDER, that Barry Sher, William Novomisle and the law firm of Paul, Hastings, Janofsky & Walker LLP are permitted to withdraw from the above-captioned matter. The Clerk is directed to note such on the docket. Attorneys William Albert Novomisle and Barry G. Sher terminated. (Signed by Judge John G. Koeltl on 3/9/2011) (lnl) (Entered: 03/09/2011)

03/24/2011 99 NOTICE OF CHANGE OF ADDRESS by James D. Wareham on behalf of Arbitron, Inc.. New Address: DLA Piper LLP (US), 500 Eighth Street, NW, Washington, DC, USA 20004, 202-799-4515. (Wareham, James) (Entered:

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03/24/2011)

04/06/2011 100 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION ADMITTING ATTORNEY Marisa N. DeMato for Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund,Marisa N. DeMato for Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund admitted Pro Hac Vice. (Signed by Judge John G. Koeltl on 4/5/11) (djc) (Entered: 04/06/2011)

04/06/2011 101 MOTION for Marisa N. DeMato to Appear Pro Hac Vice. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually), Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(On Behalf of All Others Similarly Situated).(tro) (Entered: 04/08/2011)

04/11/2011 102 ORDER, that the lead plaintiff's reply brief on the motion for class certification was due March 16, 2011, but was not filed with the Court. The lead plaintiff is instructed to file its reply brief by April 18, 2011 if it intends to file a reply brief. In any event the lead plaintiff should submit courtesy copies of all papers in support of or opposition to the motion by April 18, 2011. ( Replies due by 4/18/2011.) (Signed by Judge John G. Koeltl on 4/11/11) (pl) (Entered: 04/11/2011)

04/11/2011 103 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, that Marisa N. DeMato of Robbins Geller Rudman & Dowd LLP, 58 South Service Road, Suite 200, Melville, NY, 11747, telephone number 631/367-7100, fax number 631/367-1173, email [email protected]. is hereby admitted to practice pro hac vice as counsel for plaintiffs in the above captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge John G. Koeltl on 4/11/11) (pl) (Entered: 04/11/2011)

04/12/2011 104 ENDORSED LETTER: addressed to Judge John G. Koeltl from David A. Rosenfeld dated 4/11/2011 re: Counsel for Lead Plaintiff writes to clarify that Plaintiffs reply brief is to be filed on May 16, 2011. ENDORSEMENT: May 16, 2011 is fine. So Ordered. (Signed by Judge John G. Koeltl on 4/11/11) (js) (Entered: 04/12/2011)

04/14/2011 CASHIERS OFFICE REMARK on 101 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 04/06/2011, Receipt Number 3242. (jd) (Entered: 04/14/2011)

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05/11/2011 105 ENDORSED LETTER addressed to Judge John G. Koeltl from Fainna Kagan dated 5/10/11 re: counsel for plaintiff respectfully write to request a ten page extension of the ten page limit applicable to Lead Plaintiff's reply memorandum in further support of the motion for class certification (for a total of 20 pages), which is scheduled to be filed on May 16, 2011. ENDORSEMENT: Application Granted. (Signed by Judge John G. Koeltl on 5/10/11) (pl) (Entered: 05/11/2011)

05/16/2011 106 MOTION to Seal Document. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kagan, Fainna) (Entered: 05/16/2011)

05/16/2011 107 REPLY MEMORANDUM OF LAW in Support re: 89 MOTION to Certify Class. REDACTED. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Kagan, Fainna) (Entered: 05/16/2011)

05/16/2011 108 DECLARATION of Fainna Kagan in Support re: 89 MOTION to Certify Class.. Document filed by Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kagan, Fainna) (Entered: 05/16/2011)

05/17/2011 109 SEALED DOCUMENT placed in vault.(mps) (Entered: 05/17/2011)

06/07/2011 110 SEALED DOCUMENT placed in vault.(nm) (Entered: 06/07/2011)

07/18/2011 111 ORDER. The parties are directed to provide the Court with a status report on this case by July 22, 2011. (Status Report due by 7/22/2011.) (Signed by Judge John G. Koeltl on 7/18/11) (rjm) (Entered: 07/18/2011)

07/25/2011 112 ORDER AMENDING, IN PART, THE NOVEMBER 8, 2010 CASE MANAGEMENT ORDER. Daubert Motions and Motions for Summary Judgment due by 5/23/2012. Deposition due by 2/28/2012. All Expert Discovery due by 5/3/2012. Joint Pretrial Order due by 7/9/2012, and as further set forth. (Signed by Judge John G. Koeltl on 7/23/11) (rjm) (Entered: 07/25/2011)

08/02/2011 113 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Friday, August 12, 2011 at

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10:30 a.m. in Courtroom 12B, in front of the Honorable Jon G. Koeltl. So Ordered (js) (Entered: 08/03/2011)

08/10/2011 114 ENDORSED LETTER: addressed to Judge John G. Koeltl from David A. Rosenfeld dated 8/4/2011 re: Counsel for plaintiff requests that the Court reschedule the oral argument set for 8/12/2011 to any day between September 19th through the 22nd or September 27, 2011. ENDORSEMENT: Adjourned to Friday, September 2, 2011 at 12:00 p.m.. (Signed by Judge John G. Koeltl on 8/10/2011) (js) (Entered: 08/10/2011)

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