US District Court Civil Docket as of April 18, 2018 Retrieved from the court on April 18, 2018

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

CIVIL DOCKET FOR CASE #: 1:13-cv-02282-KPF

Fogel et al v. Vega et al Assigned to: Judge Katherine Polk Failla Cause: 15:78m(a) Securities Exchange Act

Date Filed: 04/05/2013 Date Terminated: 02/27/2017 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Lead Plaintiff

Michael Fogel represented by Gregory M. Egleston Gainey McKenna & Egleston 440 Park Avenue, South 5th Floor New York, NY 10016 (212) 983-1300 Fax: (212) 983-0380 Email: egleston@gme-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas James McKenna Gainey McKenna & Egleston 440 Park Avenue, South 5th Floor New York, NY 10016 212-983-1300 Fax: 212-983-0383 Email: tjmlaw2001@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Claudia S. Egleston individually and on behalf of all others similarly situated

represented by Thomas James McKenna (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

C. E. an infant under the age of fourteen (14) years, by her mother and natural guardian

represented by Thomas James McKenna (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Ernesto Vega represented by Brian T Glennon Latham & Watkins LLP (LA) 355 South Grand Avenue Los Angeles, CA 90071 (213)-485-1234 Fax: 213)-891-8763 Email: brian.glennon@lw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Colleen C. Smith Latham & Watkins LLP (San Diego) 2 12670 High Bluff Drive San Diego, CA 92130 (858) 523-5400 Fax: (858) 523-5450 Email: colleen.smith@lw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan Cobb Dickey Gibson, Dunn & Crutcher, LLP (NY) 200 Park Avenue, 48th Floor New York, NY 10166 212 351-2399 Fax: 212 351-6399 Email: jdickey@gibsondunn.com TERMINATED: 12/01/2015 LEAD ATTORNEY Peter A. Wald Latham & Watkins, L.L.P. 505 Montgomery Street Suite 2000 San Francisco, CA 94111 (415) 391-0600 Fax: (415) 395-8075 Email: peter.wald@lw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Sarah Ann Tomkowiak Latham & Watkins LLP (DC) 555 Eleventh Street, Nw, Suite 1000 Washington, DC 20004

212-637-2200 Fax: 202-637-2201 Email: sarah.tomkowiak@lw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Wal-Mart De Mexico SAB De CV represented by Brian T Glennon (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Colleen C. Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan Cobb Dickey (See above for address) TERMINATED: 12/01/2015 LEAD ATTORNEY Peter A. Wald (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Sarah Ann Tomkowiak (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Brian M. Lutz Gibson, Dunn & Crutcher, LLP 200 Park Avenue, 47th Floor New York, NY 10166 212-351-3811 Fax: 212-351-6290 Email: blutz@gibsondunn.com TERMINATED: 12/01/2015 Caroline Jean Heller Greenberg Traurig, LLP 200 Park Avenue New York, NY 10166 (212) 801-2165

Fax: (212) 805-9488 Email: hellerc@gtlaw.com TERMINATED: 11/10/2014

Defendant

Wal-Mart Stores, Inc. represented by Brian T Glennon (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Colleen C. Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan Cobb Dickey (See above for address) TERMINATED: 12/01/2015 LEAD ATTORNEY Peter A. Wald (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Sarah Ann Tomkowiak (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Scot Rank represented by Brian T Glennon (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Colleen C. Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan Cobb Dickey (See above for address) TERMINATED: 12/01/2015 LEAD ATTORNEY

Peter A. Wald (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Sarah Ann Tomkowiak (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Date Filed # Docket Text

04/05/2013 1 COMPLAINT against Ernesto Vega, Wal-Mart De Mexico SAB De CV. (Filing Fee $ 350.00, Receipt Number 465401064293)Document filed by C. E., Claudia S. Egleston.(jom) (Main Document 1 replaced on 2/2/2016) (tn). Modified on 2/2/2016 (tn). (Entered: 04/09/2013)

04/05/2013 SUMMONS ISSUED as to Ernesto Vega, Wal-Mart De Mexico SAB De CV. (jom) (Entered: 04/09/2013)

04/05/2013 Magistrate Judge Frank Maas is so designated. (jom) (Entered: 04/09/2013)

04/05/2013 Case Designated ECF. (jom) (Entered: 04/09/2013)

04/05/2013 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jom) (Entered: 04/09/2013)

06/04/2013 3 ENDORSED LETTER addressed to Judge Victor Marrero from Thomas J. McKenna dated 6/4/2013 re: Counsel for plaintiff requests a pre-motion conference with the Court to the extent that Your Honor thinks one necessary as we are required under the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. 78u-4. to make a motion for the appointment of lead plaintiff(s) and lead counsel by June 4, 2013. on be half of our client movant, Michael Fogel. ENDORSEMENT: A premotion conference is not required for leave to move for appointment of lead plaintiff and lead counsel under the PSLRA. SO ORDERED. (Signed by Judge

Victor Marrero on 6/4/2013) (rsh) (Main Document 3 replaced on 2/2/2016) (tn). (Entered: 06/04/2013)

06/04/2013 4 MOTION to Add Party(ies) Fogel., MOTION to Appoint Fogel to serve as lead plaintiff(s).( Return Date set for 6/28/2013 at 10:00 AM.) Document filed by Michael Fogel.(McKenna, Thomas) (Main Document 4 replaced on 2/2/2016) (tn). (Entered: 06/04/2013)

06/04/2013 5 MEMORANDUM OF LAW in Support re: 4 MOTION to Add Party(ies) Fogel. MOTION to Appoint Fogel to serve as lead plaintiff(s).. Document filed by Michael Fogel. (McKenna, Thomas) (Main Document 5 replaced on 2/2/2016) (tn). (Entered: 06/04/2013)

06/04/2013 6 DECLARATION of McKenna in Support re: 4 MOTION to Add Party(ies) Fogel. MOTION to Appoint Fogel to serve as lead plaintiff(s).. Document filed by Michael Fogel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McKenna, Thomas) (Main Document 6 replaced on 2/2/2016) (tn). (Entered: 06/04/2013)

06/10/2013 7 ORDER APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF COUNSEL: Michael Fogel is hereby appointed lead plaintiff pursuant to Section 21 D(a)(3)(B) of the Securities Exchange Act of 1934. This appointment is without prejudice to Defendants' right to challenge the adequacy, typicality, or ability of Movant to represent the absent class members in this Action or the propriety of this case being certified as a class action. Lead plaintiffs selection of Gainey McKenna & Egleston as lead counsel ("Lead Counsel")for all plaintiffs and the Class in this Action is approved.Lead Counsel are hereby vested by the Court with the following responsibilities and duties in connection with this Action: All other provisions as further set forth in this order. The Clerk of Court is directed to terminate the motion filed under docket No. 4 herein. (Signed by Judge Victor Marrero on 6/10/2013) (js) (Main Document 7 replaced on 2/3/2016) (tn). (Entered: 06/10/2013)

06/24/2013 8 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Victor Marrero is no longer assigned to the case. (pgu) (Entered: 06/24/2013)

09/19/2013 9 ORDER: It is hereby ORDERED that Plaintiffs shall submit a status letter by September 30, 2013, updating the Court on their attempts to serve Defendants. (Signed by Judge Katherine Polk Failla on 9/19/2013) (mro) (Entered: 09/19/2013)

09/30/2013 10 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated 9/30/2013 re: We write in response to Your Honor's request for a status update on our efforts to serve the defendants (D.E. 9). ENDORSEMENT: Plaintiffs shall submit a second status letter no later than January 31, 2014 on their efforts to effectuate service on Defendants. So ordered. (Signed by Judge Katherine Polk Failla on 9/30/2013) (rjm) (Entered: 10/01/2013)

01/31/2014 11 LETTER addressed to Judge Katherine Polk Failla from Gainey McKenna & Egleston dated January 31, 2014 re: Further Efforts to Serve Defendants. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 01/31/2014)

01/31/2014 12 MEMO ENDORSEMENT on re: 11 Letter addressed to Judge Katherine Polk Failla from Gainey McKenna & Egleston dated January 31, 2014 re: Further Efforts to Serve Defendants. Document filed by Michael Fogel. ENDORSEMENT: Plaintiffs

shall submit an additional status letter by no later than May 1, 2014. So ordered. (Signed by Judge Katherine Polk Failla on 1/31/2014) (rjm) (Entered: 02/03/2014)

05/01/2014 13 LETTER addressed to Judge Katherine Polk Failla from Gainey McKenna & Egleston dated May 1, 2014 re: Further Efforts to Serve Defendants. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 05/01/2014)

05/01/2014 14 MEMO ENDORSEMENT on re: 13 Letter filed by Michael Fogel. ENDORSEMENT: Plaintiffs shall submit an additional status letter by no later than August 1, 2014. (Signed by Judge Katherine Polk Failla on 5/1/2014) (tn) (Entered: 05/01/2014)

07/21/2014 15 LETTER addressed to Judge Katherine Polk Failla from Brian M. Lutz dated July 21, 2014 re: Service of Process. Document filed by Wal-Mart Stores, Inc..(Lutz, Brian) (Entered: 07/21/2014)

08/01/2014 16 ENDORSED LETTER from Thomas J. McKenna dated 8/1/2014 re: Lead counsel for Michael Fogel writes in response to Your Honor's request (D.E. 14) for a status update. ENDORSEMENT: Plaintiff shall submit an additional status letter by no later than November 1, 2014. (Signed by Judge Katherine Polk Failla on 8/1/2014) (tn) (Entered: 08/01/2014)

10/10/2014 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores Inc. for Wal-Mart De Mexico SAB De CV. Document filed by Wal-Mart De Mexico SAB De CV.(Heller, Caroline) (Entered: 10/10/2014)

10/10/2014 18 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Katherine Polk Failla from Caroline J. Heller dated 10/10/14. Document filed by Wal-Mart De Mexico SAB De CV.(Heller, Caroline) (Entered: 10/10/2014)

10/14/2014 19 ORDER granting 18 Letter Motion for Extension of Time to Answer. Application GRANTED. Absent good cause, no further extensions will be granted. Wal-Mart De Mexico SAB De CV answer due 11/13/2014. (Signed by Judge Katherine Polk Failla on 10/14/2014) (lmb) (Entered: 10/14/2014)

10/16/2014 20 NOTICE OF APPEARANCE by Gregory M. Egleston on behalf of Michael Fogel. (Egleston, Gregory) (Main Document 20 replaced on 2/2/2016) (tn). (Entered: 10/16/2014)

11/03/2014 21 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated 10/31/2014 re: Counsel writes in response to Your Honor's request for a status update on efforts to serve the two defendants. ENDORSEMENT: Plaintiff shall submit an additional status letter by no later than November 14, 2014. (Signed by Judge Katherine Polk Failla on 11/3/2014) (tn) (Entered: 11/03/2014)

11/10/2014 22 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: The substitution of attorney is hereby approved and so ORDERED. Attorney Jonathan Cobb Dickey for Wal-Mart De Mexico SAB De CV added. Attorney Caroline Jean Heller terminated. (Signed by Judge Katherine Polk Failla on 11/10/2014) (tn) (Entered: 11/10/2014)

11/10/2014 23 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Katherine Polk Failla from Jonathan C. Dickey dated November 10, 2014.

Document filed by Wal-Mart De Mexico SAB De CV.(Dickey, Jonathan) (Entered: 11/10/2014)

11/12/2014 24 ORDER granting 23 Letter Motion for Extension of Time to Answer: Application GRANTED. Wal-Mart De Mexico SAB De CV answer due 12/15/2014. (Signed by Judge Katherine Polk Failla on 11/12/2014) (tn) (Entered: 11/12/2014)

11/14/2014 25 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated 11/14/2014 re: We are lead counsel for Michael Fogel and the putative class in the above-referenced matter. We write in response to Your Honor's request (D.E. 21) for a status update on our service efforts on Defendant Ernesto Vega. ENDORSEMENT: Defendant Wal-Mart de Mexico shall decide whether to accept service on behalf of Defendant Ernesto Vega, and inform the Court of this decision, by no later than December 3, 2014. If Wal-Mart de Mexico does not agree to accept service, Plaintiff shall submit an additional status letter by no later than December 10, 2014. (Signed by Judge Katherine Polk Failla on 11/14/2014) (rjm) (Entered: 11/17/2014)

11/24/2014 26 NOTICE OF APPEARANCE by Brian M. Lutz on behalf of Wal-Mart De Mexico SAB De CV. (Lutz, Brian) (Entered: 11/24/2014)

12/03/2014 27 ACKNOWLEDGMENT OF SERVICE. Ernesto Vega served on 12/3/2014, answer due 12/24/2014. Service was accepted by Jonathan C. Dickey. Document filed by Michael Fogel. (Egleston, Gregory) (Main Document 27 replaced on 2/2/2016) (tn). (Entered: 12/03/2014)

12/08/2014 28 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/22/2015 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 12/8/2014) (tn) (Entered: 12/08/2014)

12/08/2014 29 FIRST AMENDED COMPLAINT amending 1 Complaint against Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc., Scot Rank with JURY DEMAND.Document filed by Michael Fogel. Related document: 1 Complaint filed by Claudia S. Egleston, C.E. (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)(Egleston, Gregory) Modified on 2/2/2016 (tn). (Main Document 29 replaced on 2/3/2016) (tn). (Entered: 12/08/2014)

12/10/2014 30 STIPULATION REGARDING RESPONSE TO AMENDED COMPLAINT AND OTHER PRETRIAL PROCEEDINGS: The initial pretrial conference is hereby ADJOURNED sine die. It is further ORDERED that Plaintiffs shall submit a status letter by no later than February 1, 2015, updating the Court on their attempts to serve the Additional Defendants. Should service be effected prior to February 1, 2015, or if counsel for Defendants agrees to accept service on behalf of the Additional Defendants, the parties will promptly inform the Court so that an initial pretrial conference can be scheduled. For good cause shown, the Parties Stipulation set forth herein is APPROVED, and it is SO ORDERED. Scot Rank answer due 1/19/2015; Ernesto Vega answer due 1/19/2015; Wal-Mart De Mexico SAB De CV answer due 1/19/2015; Wal-Mart Stores, Inc. answer due 1/19/2015.( Motions due by

1/19/2015.) (Signed by Judge Katherine Polk Failla on 12/10/2014) (ama) (Main Document 30 replaced on 2/2/2016) (tn). (Entered: 12/10/2014)

12/12/2014 31 REQUEST FOR ISSUANCE OF SUMMONS as to Scot Rank, re: 29 Amended Complaint,. Document filed by C.E., Claudia S. Egleston. (McKenna, Thomas) Modified on 2/2/2016 (tn). (Main Document 31 replaced on 2/2/2016) (tn). (Entered: 12/12/2014)

12/12/2014 32 REQUEST FOR ISSUANCE OF SUMMONS as to Wal-Mart Stores, re: 29 Amended Complaint,. Document filed by C.E., Claudia S. Egleston. (McKenna, Thomas) Modified on 2/2/2016 (tn). (Main Document 32 replaced on 2/2/2016) (tn). (Entered: 12/12/2014)

12/15/2014 33 ELECTRONIC SUMMONS ISSUED as to Scot Rank. (mqu) (Main Document 33 replaced on 2/2/2016) (tn). (Entered: 12/15/2014)

12/15/2014 34 ELECTRONIC SUMMONS ISSUED as to Wal-Mart Stores, Inc. (mqu) (Main Document 34 replaced on 2/2/2016) (tn). (Entered: 12/15/2014)

12/17/2014 35 STIPULATION REGARDING SERVICE AND TIME FOR RESPONSIVE PLEADING TO THE COMPLAINT AS TO DEFENDANT WAL-MART STORES, INC. IT IS HEREBY ACKNOWLEDGED AND AGREED by the undersigned counsel that Gibson, Dunn & Crutcher LLP, counsel of record for Defendant Wal-Mart de Mexico SAB de CV and Ernesto Vega, shall accept service of the Amended Complaint on behalf of Defendant Wal-Mart Stores, Inc., effective upon the date of this Stipulation. IT IS STIPULATED AND AGREED that the time for Defendant Wal-Mart Stores, Inc. to answer, move or otherwise respond to the Amended Complaint shall be on or before January 19, 2015, the same date previously stipulated for the response of Defendants Wal-Mart de Mexico and Ernesto Vega to the Amended Complaint. (Signed by Judge Katherine Polk Failla on 12/17/2014) (rjm) (Main Document 35 replaced on 2/2/2016) (tn). (Entered: 12/18/2014)

01/16/2015 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wal-Mart Stores, Inc..(Dickey, Jonathan) (Main Document 36 replaced on 2/2/2016) (tn). (Entered: 01/16/2015)

01/16/2015 37 LETTER addressed to Judge Katherine Polk Failla from Jonathan C. Dickey dated January 16, 2015 re: request for a pre-motion conference. Document filed by Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Dickey, Jonathan) (Entered: 01/16/2015)

01/22/2015 38 MEMO ENDORSEMENT on re: 37 Letter requesting a pre-motion conference filed by Wal-Mart De Mexico SAB De CV, Ernesto Vega, Wal-Mart Stores, Inc. ENDORSEMENT: Application GRANTED. The parties shall appear for a pre-motion conference on February 6, 2015 at 3:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Plaintiff shall file a responsive letter, in accordance with the Court's Individual Rules of Practice in Civil Cases, by January 29, 2015. (Pre-Motion Conference set for 2/6/2015 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/22/2015) (kko) (Entered: 01/22/2015)

01/22/2015 39 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated January 22, 2015 re: Response to Ds 01/16/2015 Ltr Req. a Pre-Mtn Conf. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 01/22/2015)

01/28/2015 40 STIPULATION REGARDING PRE-MOTION CONFERENCE: The pre-motion conference currently scheduled for February 6, 2015, at 3:30 p.m. is adjourned; and the Parties shall appear for a pre-motion conference on March 3, 2015, at 3:00 p.m. (Pre-Motion Conference set for 3/3/2015 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/28/2015) (tn) Modified on 2/9/2015 (tn). (Main Document 40 replaced on 2/2/2016) (tn). (Entered: 01/28/2015)

02/04/2015 41 LETTER addressed to Judge Katherine Polk Failla from Gainey McKenna & Egleston dated February 4, 2015 re: Efforts to Serve Defendant Rank. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 02/04/2015)

02/04/2015 42 MEMO ENDORSEMENT on re: 41 Letter filed by Michael Fogel. ENDORSEMENT: Plaintiff shall submit an additional status letter by no later than May 8, 2015. (Signed by Judge Katherine Polk Failla on 2/4/2015) (mro) (Entered: 02/05/2015)

03/03/2015 43 ORDER: that Defendants' motion to dismiss is due on April 6, 2015; Plaintiffs' opposition is due on May 8, 2015; and Defendants' reply is due on May 22, 2015. (Motions due by 4/6/2015. Responses due by 5/8/2015. Replies due by 5/22/2015.) (Signed by Judge Katherine Polk Failla on 3/3/2015) (tn) (Entered: 03/03/2015)

03/03/2015 Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 3/3/2015. (Court Reporter Kelly Surina) (Lopez, Jose) (Entered: 04/01/2015)

03/30/2015 44 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/3/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2015. Redacted Transcript Deadline set for 5/4/2015. Release of Transcript Restriction set for 7/2/2015.(McGuirk, Kelly) (Entered: 03/30/2015)

03/30/2015 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/3/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/30/2015)

04/06/2015 46 MOTION to Dismiss / DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, AND WAL-MART STORES, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Dickey, Jonathan) (Main Document 46 replaced on 2/2/2016) (tn). (Entered: 04/06/2015)

04/06/2015 47 MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss / DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, AND

WAL-MART STORES, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT. . Document filed by Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Dickey, Jonathan) (Main Document 47 replaced on 2/2/2016) (tn). (Entered: 04/06/2015)

04/06/2015 48 NOTICE of REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT re: 46 MOTION to Dismiss / DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, AND WAL-MART STORES, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT.. Document filed by Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Dickey, Jonathan) (Main Document 48 replaced on 2/2/2016) (tn). (Entered: 04/06/2015)

04/06/2015 49 DECLARATION of JONATHAN C. DICKEY in Support re: 46 MOTION to Dismiss / DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, AND WAL-MART STORES, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT.. Document filed by Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dickey, Jonathan) (Main Document 49 replaced on 2/2/2016) (tn). (Entered: 04/06/2015)

05/08/2015 50 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated 05/08/2015 re: Service Efforts on D Rank. Document filed by Michael Fogel. (Attachments: # 1 Exhibit A)(McKenna, Thomas) (Entered: 05/08/2015)

05/08/2015 51 MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss / DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, AND WAL-MART STORES, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT. . Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 05/08/2015)

05/08/2015 52 MEMO ENDORSEMENT on re: 50 Letter filed by Michael Fogel. ENDORSEMENT: Plaintiff shall submit an additional status letter by no later than August 8, 2015. (Signed by Judge Katherine Polk Failla on 5/8/2015) (kgo) (Entered: 05/08/2015)

05/08/2015 53 DECLARATION of Thomas J. McKenna in Opposition re: 46 MOTION to Dismiss / DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, AND WAL-MART STORES, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT.. Document filed by Michael Fogel. (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 (Part 1), # 10 Exhibit I (Part 2), # 11 Exhibit I (Part 3), # 12 Exhibit I (Part 4), # 13 Exhibit J, # 14 Exhibit K (Part 1), # 15 Exhibit K (Part 2), # 16 Exhibit K (Part 3), # 17 Exhibit K (Part 4), # 18 Exhibit K (Part 5), # 19 Exhibit L (Part 1), # 20 Exhibit L (Part 2), # 21 Exhibit L (Part 3), # 22 Exhibit L (Part 4), # 23 Exhibit L (Part 5), # 24 Exhibit L (Part 6), # 25 Exhibit M (Part 1), # 26 Exhibit M (Part 2), # 27 Exhibit M (Part 3), # 28 Exhibit M (Part 4), # 29 Exhibit M (Part 5), # 30 Exhibit M (Part 6), # 31 Exhibit M (Part 7), # 32 Exhibit N, # 33 Exhibit O (Part 1), # 34 Exhibit O (Part 2), # 35 Exhibit O (Part 3), # 36 Exhibit O (Part 4), # 37 Exhibit O (Part 5))(McKenna, Thomas) (Entered: 05/08/2015)

05/22/2015 54 REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss / DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, AND WAL-MART STORES, INC.'S MOTION TO DISMISS THE AMENDED COMPLAINT. . Document filed by Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Appendix A)(Dickey, Jonathan) (Main Document 54 replaced on 2/2/2016) (tn). (Entered: 05/22/2015)

07/07/2015 55 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - REQUEST FOR ISSUANCE OF SUMMONS as to Scot Rank, re: 29 Amended Complaint,. Document filed by Michael Fogel. (McKenna, Thomas) Modified on 7/8/2015 (cde). (Main Document 55 replaced on 2/2/2016) (tn). (Main Document 55 replaced on 2/2/2016) (tn). (Entered: 07/07/2015)

07/08/2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 55 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Summons was previously issued to party.;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (cde) (Entered: 07/08/2015)

07/09/2015 56 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Scot Rank, re: 29 Amended Complaint,. Document filed by Michael Fogel. (McKenna, Thomas) Modified on 7/10/2015 (laq). (Main Document 56 replaced on 2/2/2016) (tn). (Entered: 07/09/2015)

07/14/2015 57 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Scot Rank, re: 29 Amended Complaint,. Document filed by Michael Fogel. (McKenna, Thomas) (Main Document 57 replaced on 2/2/2016) (tn). (Entered: 07/14/2015)

07/15/2015 58 ELECTRONIC SUMMONS ISSUED as to Scot Rank. (lcu) (Main Document 58 replaced on 2/3/2016) (tn). (Entered: 07/15/2015)

08/11/2015 59 ORDER: Plaintiffs are ORDERED to submit a status update, by no later than August 14, 2015, on their efforts to serve Defendant Scot Rank. (See Dkt. #52). (Signed by Judge Katherine Polk Failla on 8/11/2015) (mro) (Entered: 08/12/2015)

08/14/2015 60 NOTICE of of status of service on Defendant Rank. Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 08/14/2015)

11/11/2015 61 NOTICE OF APPEARANCE by Jonathan Cobb Dickey on behalf of Scot Rank. (Dickey, Jonathan) (Entered: 11/11/2015)

11/11/2015 62 LETTER MOTION for Extension of Time to File Answer re: 29 Amended Complaint, addressed to Judge Katherine Polk Failla from Jonathan C. Dickey dated November 11, 2015. Document filed by Scot Rank.(Dickey, Jonathan) (Entered: 11/11/2015)

11/11/2015 63 DECLARATION of Jonathan C. Dickey in Support re: 62 LETTER MOTION for Extension of Time to File Answer re: 29 Amended Complaint, addressed to Judge

Katherine Polk Failla from Jonathan C. Dickey dated November 11, 2015.. Document filed by Scot Rank. (Dickey, Jonathan) (Entered: 11/11/2015)

11/12/2015 64 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated 11/12/2015 re: Response to Notice of Special Appearance, D Letter dated 11112015 and Dickey Declaration. Document filed by Michael Fogel. (Attachments: # 1 Exhibit A)(McKenna, Thomas) (Entered: 11/12/2015)

11/12/2015 65 ORDER granting 62 Letter Motion for Extension of Time to Answer: Defendant's request for an extension of time is GRANTED. Defendant must answer, move, or otherwise respond to the First Amended Complaint by December 14, 2015. Scot Rank answer due 12/14/2015. (Signed by Judge Katherine Polk Failla on 11/12/2015) (tn) (Entered: 11/12/2015)

11/19/2015 66 MOTION for Peter A. Wald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649034. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Wald, Peter) (Main Document 66 replaced on 2/2/2016) (tn). (Entered: 11/19/2015)

11/19/2015 67 MOTION for Brian T. Glennon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649126. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Glennon, Brian) (Main Document 67 replaced on 2/2/2016) (tn). (Entered: 11/19/2015)

11/19/2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 67 MOTION for Brian T. Glennon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649126. Motion and supporting papers to be reviewed by Clerk's Office staff., 66 MOTION for Peter A. Wald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649034. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 11/19/2015)

11/19/2015 68 MOTION for Colleen C. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649209. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Smith, Colleen) Modified on 11/19/2015 (sdi). Modified on 11/20/2015 (wb). (Main Document 68 replaced on 2/2/2016) (tn). (Entered: 11/19/2015)

11/19/2015 69 MOTION for Sarah A. Greenfield to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649250. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Greenfield, Sarah) Modified on 11/19/2015 (sdi). Modified on 11/20/2015 (wb). (Main Document 69 replaced on 2/2/2016) (tn). (Entered: 11/19/2015)

11/20/2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 69 MOTION for Sarah A. Greenfield to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649250. Motion and supporting papers to be reviewed by Clerk's Office staff., 68 MOTION for Colleen C. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11649209. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/20/2015)

11/20/2015 70 ORDER FOR ADMISSION PRO HAC VICE granting 67 Motion for Brian T. Glennon to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/20/2015) (tn) (Main Document 70 replaced on 2/2/2016) (tn). (Entered: 11/20/2015)

11/20/2015 71 ORDER FOR ADMISSION PRO HAC VICE granting 68 Motion for Colleen C. Smith to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/20/2015) (tn) (Main Document 71 replaced on 2/2/2016) (tn). (Entered: 11/20/2015)

11/20/2015 72 ORDER FOR ADMISSION PRO HAC VICE granting 69 Motion for Sarah A. Greenfield to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/20/2015) (tn) (Main Document 72 replaced on 2/2/2016) (tn). (Entered: 11/20/2015)

11/20/2015 73 ORDER FOR ADMISSION PRO HAC VICE granting 66 Motion for Peter A. Wald to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/20/2015) (tn) (Main Document 73 replaced on 2/2/2016) (tn). (Entered: 11/20/2015)

12/01/2015 74 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF JONATHAN C. DICKEY AS COUNSEL TO DEFENDANTS WAL-MART DE MEXICO SAB DE CV, ERNESTO VEGA, WAL-MART STORES, INC., AND SCOT RANK. ENDORSEMENT: Mr. Dickey's request to withdraw as counsel is GRANTED. The Clerk of Court is ORDERED to terminate Mr. Dickey as counsel of record for this case. Attorney Jonathan Cobb Dickey terminated. (Signed by Judge Katherine Polk Failla on 12/1/2015) (tn) (Entered: 12/01/2015)

12/01/2015 75 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF BRIAN M. LUTZ AS COUNSEL TO DEFENDANT WAL-MART DE MEXICO SAB DE CV. ENDORSEMENT: Mr. Lutz's application to withdraw as counsel is GRANTED. The Clerk of Court is ORDERED to terminate Mr. Lutz as counsel of record for this case. Attorney Brian M. Lutz terminated. (Signed by Judge Katherine Polk Failla on 12/1/2015) (tn) (Entered: 12/01/2015)

12/08/2015 76 LETTER MOTION for Conference regarding anticipated motion to dismiss addressed to Judge Katherine Polk Failla from Peter A. Wald dated December 8, 2015. Document filed by Scot Rank.(Wald, Peter) (Entered: 12/08/2015)

12/09/2015 77 ORDER granting 76 Letter Motion for Conference: Defendant's request for a pre-motion conference is GRANTED. The conference shall take place on December 29, 2015, at 2:00 p.m. Pre-Motion Conference set for 12/29/2015 at 02:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 12/9/2015) (tn) (Entered: 12/09/2015)

12/10/2015 78 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Peter A. Wald dated December 10, 2015. Document filed by Scot Rank.(Wald, Peter) (Entered: 12/10/2015)

12/10/2015 79 ORDER granting 78 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Peter A. Wald dated December 10, 2015. Defendant's request for an adjournment is GRANTED. The pre-motion conference shall take place on December 30, 2015, at 2:00 p.m. (Pre-Motion Conference set for 12/30/2015 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/10/2015) (adc) (Entered: 12/10/2015)

12/11/2015 80 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated December 11, 2015 re: In Response to Ds December 8, 2015. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 12/11/2015)

12/30/2015 Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 12/30/2015. (Court Reporter Patricia Nilsen) (Lopez, Jose) (Entered: 01/05/2016)

01/05/2016 81 ORDER denying without prejudice 46 Motion to Dismiss: the pending motion to dismiss is DENIED WITHOUT PREJUDICE to its renewal. The Clerk of Court is ordered to terminate the motion at docket entry 46. Defendants must file their renewed motion to dismiss by February 5, 2016, and it must not exceed 40 pages. Plaintiffs' response will be due on March 7, 2016, and it must not exceed 40 pages. Defendants' reply will be due on March 21, 2016. The Court anticipates that the arguments presented by Defendants Ernesto Vega, Wal-Mart De Mexico SAD De CV, and Wal-Mart Stores, Inc. in their renewed motion to dismiss will be substantially the same as the arguments presented in the first motion to dismiss. However, the renewed motion may - and should - incorporate arguments from recently-served Defendant Scot Rank. The parties are ORDERED to email a joint letter to the Court by January 15, 2016, identifying any docketed items that contain the name of a minor Plaintiff. Any party who docketed items containing the name of a minor Plaintiff must send a new copy of those items to the Court's inbox. The new copies must redact the minor's name or replace the minor's name with the minor's initials. (Signed by Judge Katherine Polk Failla on 1/5/2016) (tn) (Entered: 01/05/2016)

01/05/2016 Set/Reset Deadlines: Motions due by 2/5/2016. Responses due by 3/7/2016. Replies due by 3/21/2016. (tn) (Entered: 01/05/2016)

01/15/2016 82 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/30/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016.(McGuirk, Kelly) (Entered: 01/15/2016)

01/15/2016 83 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of

this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/15/2016)

02/02/2016 84 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Peter A. Wald, Thomas J. McKenna dated 1/15/2016 re: Attached hereto as Appendix A is a list of docketed items containing the name of a minor Plaintiff. ENDORSEMENT: The Clerk of Court is ORDERED to replace all of the documents discussed in this letter with the redacted copies submitted by the parties. (Signed by Judge Katherine Polk Failla on 2/2/2016) (tn) Modified on 2/17/2016 (tn). (Entered: 02/02/2016)

02/05/2016 85 MOTION to Dismiss the Amended Complaint. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 02/05/2016)

02/05/2016 86 DECLARATION of Sarah A. Greenfield in Support re: 85 MOTION to Dismiss the Amended Complaint.. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6, # 7 Exhibit A-7, # 8 Exhibit A-8, # 9 Exhibit B, # 10 Exhibit C, # 11 Exhibit D, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit I, # 17 Exhibit J, # 18 Exhibit K, # 19 Exhibit L, # 20 Exhibit M, # 21 Exhibit N, # 22 Exhibit O, # 23 Exhibit P, # 24 Exhibit Q, # 25 Exhibit R, # 26 Exhibit S, # 27 Exhibit T)(Wald, Peter) (Entered: 02/05/2016)

02/05/2016 87 MEMORANDUM OF LAW in Support re: 85 MOTION to Dismiss the Amended Complaint. . Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Wald, Peter) (Entered: 02/05/2016)

02/05/2016 88 LETTER MOTION for Oral Argument addressed to Judge Katherine Polk Failla from Peter A. Wald dated February 5, 2016. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 02/05/2016)

03/03/2016 89 LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Gainey McKenna & Egleston dated March 3, 2016. Document filed by Michael Fogel. (Attachments: # 1 Text of Proposed Order)(McKenna, Thomas) (Entered: 03/03/2016)

03/03/2016 90 ORDER granting 89 LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Gainey McKenna & Egleston dated March 3, 2016. 1. Plaintiff's response to Defendants' renewed motion to dismiss is adjourned from March 7, 2016 to April 6, 2016; 2. Defendants' reply is adjourned from March 21, 2016 to April 20, 2016. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/3/2016) (adc) (Entered: 03/03/2016)

03/03/2016 Set/Reset Deadlines: Responses due by 4/6/2016. Replies due by 4/20/2016. (adc) (Entered: 03/03/2016)

04/04/2016 91 FIRST LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Katherine Polk Failla from Plaintiff dated April 4, 2016. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 04/04/2016)

04/05/2016 92 ORDER withdrawing 85 Motion to Dismiss; granting 91 Letter Motion for Leave to File Document: Plaintiff's request to file a Second Amended Complaint (Dkt. #91) is GRANTED. The Court anticipates that this will be Plaintiff's last request to amend. Plaintiff's Second Amended Complaint shall be filed on or before April 6, 2016; The Court will dispense with its ordinary pre-motion conference requirement for Defendants' anticipated motion to dismiss the Second Amended Complaint. The anticipated motion to dismiss the Second Amended Complaint shall be filed on or before May 6, 2016; Plaintiff's response to the motion to dismiss the Second Amended Complaint shall be filed on or before June 6, 2016: Defendants' reply papers shall be filed on or before June 21, 2016; The pending motion to dismiss the First Amended Complaint (Dkt. #85-87) is withdrawn without prejudice. (Signed by Judge Katherine Polk Failla on 4/5/2016) (tn) (Entered: 04/06/2016)

04/05/2016 Set/Reset Deadlines: Amended Pleadings due by 4/6/2016. Motions due by 5/6/2016. Responses due by 6/6/2016. Replies due by 6/21/2016. (tn) (Entered: 04/06/2016)

04/06/2016 93 FILING ERROR DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending 29 Amended Complaint,, against Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc. with JURY DEMAND.Document filed by Michael Fogel. Related document: 29 Amended Complaint,, filed by Michael Fogel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (Part 1), # 7 Exhibit F (Part 2), # 8 Exhibit F (Part 3), # 9 Exhibit F (Part 4), # 10 Exhibit F (Part 5), # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P (Part 1), # 21 Exhibit P (Part 2), # 22 Exhibit P (Part 3), # 23 Exhibit P (Part 4), # 24 Exhibit P (Part 5), # 25 Exhibit P (Part 6), # 26 Exhibit P (Part 7), # 27 Exhibit P (Part 8), # 28 Exhibit P (Part 9), # 29 Exhibit P (Part 10), # 30 Exhibit P (Part 11), # 31 Exhibit P (Part 12), # 32 Exhibit P (Part 13), # 33 Exhibit Q, # 34 Exhibit R, # 35 Exhibit S, # 36 Exhibit T, # 37 Exhibit U, # 38 Exhibit V (Part 1), # 39 Exhibit V (Part 2), # 40 Exhibit V (Part 3), # 41 Exhibit V (Part 4), # 42 Exhibit V (Part 5), # 43 Exhibit V (Part 6), # 44 Exhibit W, # 45 Exhibit X, # 46 Exhibit Y, # 47 Exhibit Z, # 48 Exhibit AA, # 49 Exhibit BB, # 50 Exhibit CC, # 51 Exhibit DD, # 52 Exhibit EE, # 53 Exhibit FF, # 54 Exhibit GG, # 55 Exhibit HH, # 56 Exhibit II, # 57 Exhibit JJ, # 58 Exhibit KK, # 59 Exhibit LL, # 60 Exhibit MM (Part 1), # 61 Exhibit MM (Part 2), # 62 Exhibit MM (Part 3), # 63 Exhibit MM (Part 4))(McKenna, Thomas) Modified on 4/7/2016 (pc). (Entered: 04/06/2016)

04/07/2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas James McKenna to RE-FILE Document No. 93 Amended Complaint. The filing is deficient for the following reason(s): Caption title must list all defendants named in the amended complaint. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) (Entered: 04/07/2016)

04/07/2016 94 SECOND AMENDED COMPLAINT amending 29 Amended Complaint,, against Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc. with JURY DEMAND.Document filed by Michael Fogel. Related document: 29

Amended Complaint,, filed by Michael Fogel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (Part 1), # 7 Exhibit F (Part 2), # 8 Exhibit F (Part 3), # 9 Exhibit F (Part 4), # 10 Exhibit F (Part 5), # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P (Part 1), # 21 Exhibit P (Part 2), # 22 Exhibit P (Part 3), # 23 Exhibit P (Part 4), # 24 Exhibit P (Part 5), # 25 Exhibit P (Part 6), # 26 Exhibit P (Part 7), # 27 Exhibit P (Part 8), # 28 Exhibit P (Part 9), # 29 Exhibit P (Part 10), # 30 Exhibit P (Part 11), # 31 Exhibit P (Part 12), # 32 Exhibit P (Part 13), # 33 Exhibit Q, # 34 Exhibit R, # 35 Exhibit S, # 36 Exhibit T, # 37 Exhibit U, # 38 Exhibit V (Part 1), # 39 Exhibit V (Part 2), # 40 Exhibit V (Part 3), # 41 Exhibit V (Part 4), # 42 Exhibit V (Part 5), # 43 Exhibit V (Part 6), # 44 Exhibit W, # 45 Exhibit X, # 46 Exhibit Y, # 47 Exhibit Z, # 48 Exhibit AA, # 49 Exhibit BB, # 50 Exhibit CC, # 51 Exhibit DD, # 52 Exhibit EE, # 53 Exhibit FF, # 54 Exhibit GG, # 55 Exhibit HH, # 56 Exhibit II, # 57 Exhibit JJ, # 58 Exhibit KK, # 59 Exhibit LL, # 60 Exhibit MM (Part 1), # 61 Exhibit MM (Part 2), # 62 Exhibit MM (Part 3), # 63 Exhibit MM (Part 4))(McKenna, Thomas) Modified on 4/8/2016 (moh). Modified on 4/12/2016 (laq). (Entered: 04/07/2016)

04/08/2016 95 ORDER: In light of Plaintiff's technical difficulties with the Electronic Case Filing system, the Clerk of Court is ORDERED to accept Docket Entry 94 as timely filed. (Signed by Judge Katherine Polk Failla on 4/8/2016) (tn) (Entered: 04/11/2016)

04/08/2016 ***DELETED DOCUMENT. Deleted Transmission to Case Assignments Clerk. The document was incorrectly filed in this case. (tn) (Entered: 04/11/2016)

04/08/2016 Transmission to the Case Openings Clerk. Transmitted re: 95 Order, to the Case Openings Clerk for case processing. (tn) (Entered: 04/11/2016)

04/08/2016 ***DELETED DOCUMENT. Deleted 94 NOTICE OF DEFICIENCY. (laq) (Entered: 04/12/2016)

05/06/2016 96 MOTION to Dismiss the Second Amended Complaint. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 05/06/2016)

05/06/2016 97 DECLARATION of Sarah A. Greenfield in Support re: 96 MOTION to Dismiss the Second Amended Complaint.. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2), # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D-1, # 6 Exhibit D-2, # 7 Exhibit D-3, # 8 Exhibit D-4, # 9 Exhibit D-5, # 10 Exhibit D-6, # 11 Exhibit D-7, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit I, # 17 Exhibit J, # 18 Exhibit K, # 19 Exhibit L, # 20 Exhibit M, # 21 Exhibit N, # 22 Exhibit O, # 23 Exhibit P, # 24 Exhibit Q, # 25 Exhibit R, # 26 Exhibit S, # 27 Exhibit T, # 28 Exhibit U, # 29 Exhibit V, # 30 Exhibit W)(Greenfield, Sarah) (Entered: 05/06/2016)

05/06/2016 98 MEMORANDUM OF LAW in Support re: 96 MOTION to Dismiss the Second Amended Complaint. . Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Wald, Peter) (Entered: 05/06/2016)

05/06/2016 99 LETTER MOTION for Oral Argument addressed to Judge Katherine Polk Failla from Peter A. Wald dated May 6, 2016. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 05/06/2016)

06/03/2016 100 MOTION to Strike Document No. 98 . Document filed by Michael Fogel. (Attachments: # 1 Proposed Order)(McKenna, Thomas) (Entered: 06/03/2016)

06/03/2016 101 MEMORANDUM OF LAW in Support re: 100 MOTION to Strike Document No. 98 . . Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 06/03/2016)

06/06/2016 102 MEMO ENDORSEMENT with respect to 100 Motion to Strike. ENDORSEMENT: The Court will address the motion to strike when it resolves the pending motion to dismiss. (Signed by Judge Katherine Polk Failla on 6/6/2016) (tn) (Entered: 06/06/2016)

06/06/2016 103 MEMORANDUM OF LAW in Opposition re: 96 MOTION to Dismiss the Second Amended Complaint. . Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 06/06/2016)

06/08/2016 104 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 96 MOTION to Dismiss the Second Amended Complaint., 100 MOTION to Strike Document No. 98 . addressed to Judge Katherine Polk Failla from Peter A. Wald dated June 8, 2016. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 06/08/2016)

06/09/2016 105 ORDER granting 104 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. The deadline for Defendants' opposition to the motion to strike and the deadline for Defendants' reply in support of the motion to dismiss are hereby ADJOURNED until June 28, 2016. The deadline for Plaintiff's reply in support of the motion to strike is hereby ADJOURNED until July 15, 2016. Responses due by 6/28/2016 Replies due by 7/15/2016. (Signed by Judge Katherine Polk Failla on 6/9/2016) (mro) (Entered: 06/09/2016)

06/28/2016 106 REPLY MEMORANDUM OF LAW in Support re: 96 MOTION to Dismiss the Second Amended Complaint. . Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Wald, Peter) (Entered: 06/28/2016)

06/28/2016 107 MEMORANDUM OF LAW in Opposition re: 100 MOTION to Strike Document No. 98 . . Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Wald, Peter) (Entered: 06/28/2016)

06/28/2016 108 LETTER MOTION for Oral Argument with respect to Plaintiff's Motion to Strike addressed to Judge Katherine Polk Failla from Peter A. Wald dated June 28, 2016. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 06/28/2016)

07/15/2016 109 REPLY MEMORANDUM OF LAW in Support re: 100 MOTION to Strike Document No. 98 . . Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 07/15/2016)

09/22/2016 110 NOTICE of Supplemental Authority re: 103 Memorandum of Law in Opposition to Motion. Document filed by Michael Fogel. (Attachments: # 1 Exhibit A)(Egleston, Gregory) (Entered: 09/22/2016)

09/30/2016 111 LETTER addressed to Judge Katherine Polk Failla from Peter A. Wald dated September 30, 2016 re: notice of supplemental authority [Dkt. 110]. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 09/30/2016)

01/27/2017 112 LETTER addressed to Judge Katherine Polk Failla from Peter A. Wald dated January 27, 2017 re: supplemental authority. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit A)(Wald, Peter) (Entered: 01/27/2017)

01/30/2017 113 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated January 30, 2017 re: Response to Ds Letter re: Supplemental Authority, dated January 27, 2017. Document filed by Michael Fogel. (Attachments: # 1 Exhibit A)(McKenna, Thomas) (Entered: 01/30/2017)

02/01/2017 114 LETTER addressed to Judge Katherine Polk Failla from Peter A. Wald dated February 1, 2017 re: Reply to Plaintiff's Letter in Response to Defendants' Letter re: Supplemental Authority. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 02/01/2017)

02/02/2017 115 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated February 2, 2017 re: D Reply re Supp Auth. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 02/02/2017)

02/27/2017 116 OPINION AND ORDER re: 96 MOTION to Dismiss the Second Amended Complaint filed by Wal-Mart De Mexico SAB De CV, Ernesto Vega, Scot Rank, Wal-Mart Stores, Inc., 100 MOTION to Strike Document No. 98 filed by Michael Fogel. For the reasons outlined above, Defendants' motion to dismiss the SAC for failure to state a claim is GRANTED WITH PREJUDICE. Plaintiff's motion to strike Defendants' appendices, though it is mooted given this result, is DENIED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (As further set forth in this Opinion and Order.) (Signed by Judge Katherine Polk Failla on 2/27/2017) (mro) (Entered: 02/27/2017)

02/27/2017 Transmission to Judgments and Orders Clerk. Transmitted re: 116 Memorandum & Opinion, to the Judgments and Orders Clerk. (mro) (Entered: 02/27/2017)

02/27/2017 117 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 27, 2017, Defendants' motion to dismiss the SAC for failure to state a claim is granted with prejudice. Plaintiff's motion to strike Defendants' appendices, though it is mooted given this result, is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/27/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 02/27/2017)

02/27/2017 Terminate Transcript Deadlines (km) (Entered: 02/27/2017)

03/23/2017 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, . Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 03/23/2017)

03/23/2017 119 MEMORANDUM OF LAW in Support re: 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, . . Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 03/23/2017)

03/23/2017 120 DECLARATION of Thomas J. McKenna in Support re: 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, .. Document filed by Michael Fogel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(McKenna, Thomas) (Entered: 03/23/2017)

03/28/2017 121 ORDER GRANTING LETTER MOTION TO SEAL PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO ALTER OR AMENDED JUDGEMENT AND EXHIBITS 1-2 AND 4-6 TO DECLARATION OF THOMAS J. MCKENNA: IT IS HEREBY ORDERED THAT: 1. The Letter Motion is GRANTED; 2. The Memorandum and Exhibits 1-2, and 4-6 to the McKenna Declaration shall be filed under seal; 3. Plaintiff shall electronically file redacted versions of the Memorandum and the Confidential Exhibits, in accordance with the Proposed Redactions of same submitted by Defendants; 4. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry. (Signed by Judge Katherine Polk Failla on 3/28/2017) (cla) (Entered: 03/28/2017)

03/28/2017 Transmission to Sealed Records Clerk. Transmitted re: 121 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (cla) (Entered: 03/28/2017)

03/29/2017 122 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated March 29, 2017 re: Letter Opposition to Ds Confidential Letter Motion. Document filed by Michael Fogel. (Attachments: # 1 Text of Proposed Order)(McKenna, Thomas) (Entered: 03/29/2017)

03/30/2017 123 ORDER: The Court is in receipt of the parties' correspondence regarding Defendants' Letter Motion to Seal the Memorandum of Law in Support of Plaintiff's Motion to Alter or Amend the Judgment and for Leave to Amend the Second Amended Complaint (Dkt. #119), and Exhibits 1-2, 4-6 to the Declaration of Thomas J. McKenna in Support of Plaintiff's Motion to Alter or Amend the Judgment and for Leave to Amend the Second Amended Complaint. When the Court first communicated with Defendants regarding their letter motion, the Court understood it to be of a time-sensitive nature that required the Court's prompt action. The Court therefore acted as it did and granted Defendants' request for the reasons articulated in Defendants' letter motion. Having now considered Plaintiff's arguments against Defendants' application, the Court will adhere to its original position. The Court finds the balance of interests at stake to favor granting Defendants' request. The Court also does not find that Defendants acted inappropriately in communicating as they did with the Court and its staff, given the urgency of the situation. The Court affirms its order granting Defendants' letter motion. (Dkt. #121). The Court is also in receipt of Plaintiff's Motion to Alter or Amend the Judgment and for Leave to Amend the Second Amended Complaint,

which motion was filed on March 28, 2017. (Dkt. #118). Defendants' opposition to Plaintiff's motion is due on or before April 27, 2017, and Plaintiff's reply on or before May 4, 2017. ( Responses due by 4/27/2017, Replies due by 5/4/2017.) (Signed by Judge Katherine Polk Failla on 3/30/2017) (mro) (Entered: 03/31/2017)

04/05/2017 124 SEALED DOCUMENT placed in vault.(rz) (Entered: 04/05/2017)

04/11/2017 125 NOTICE of of Redacted Documents re: 123 Order, Set Deadlines,,,,,,,,,,,, 120 Declaration in Support of Motion, 121 Order,, 119 Memorandum of Law in Support of Motion. Document filed by Michael Fogel. (Attachments: # 1 Supplement DE 119 -- Memo of Law iso Ps Mtn to Alter, etc. -- REDACTED, # 2 Supplement DE 120 -- Dec of TJM iso Ps Mt to Alter, etc. -- REDACTED)(McKenna, Thomas) (Entered: 04/11/2017)

04/11/2017 126 MOTION for Reconsideration re; 123 Order, Set Deadlines,,,,,,,,,,,, 121 Order,, . Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 04/11/2017)

04/11/2017 127 MEMORANDUM OF LAW in Support re: 126 MOTION for Reconsideration re; 123 Order, Set Deadlines,,,,,,,,,,,, 121 Order,, . . Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 04/11/2017)

04/11/2017 128 DECLARATION of Thomas J. McKenna in Support re: 126 MOTION for Reconsideration re; 123 Order, Set Deadlines,,,,,,,,,,,, 121 Order,, .. Document filed by Michael Fogel. (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 R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV, # 49 Exhibit WW, # 50 Exhibit XX, # 51 Exhibit YY, # 52 Exhibit ZZ, # 53 Exhibit AAA)(McKenna, Thomas) (Entered: 04/11/2017)

04/12/2017 129 LETTER MOTION to Seal Document 128 Declaration in Support of Motion,,,, addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated April 12, 2017. Document filed by Michael Fogel. (Attachments: # 1 Text of Proposed Order as to Defendants' Request to Seal Exh AAA (Dkt No. 128-53))(McKenna, Thomas) (Entered: 04/12/2017)

04/13/2017 130 LETTER MOTION to Seal Document 127 Memorandum of Law in Support of Motion addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated April 13, 2017. Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 04/13/2017)

04/14/2017 131 ORDER denying without prejudice to renewal by formal motion 126 Motion for Reconsideration. Plaintiff's motion for reconsideration is DENIED, but without prejudice to the motion's renewal upon the Court's resolution of Plaintiff's motion to alter the judgment. Plaintiff may renew its reconsideration motion immediately at or following the resolution of the motion to alter the judgment, at which time Defendants will be given the opportunity to supplement their opposition to the

renewed motion. (Signed by Judge Katherine Polk Failla on 4/14/2017) (cla) (Entered: 04/14/2017)

04/28/2017 132 MEMORANDUM OF LAW in Opposition re: 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, . [Redacted]. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Wald, Peter) (Entered: 04/28/2017)

04/28/2017 133 SEALED DOCUMENT placed in vault.(rz) (Entered: 04/28/2017)

05/05/2017 134 ORDER GRANTING, OVER OBJECTION, LETTER MOTION TO SEAL PLAINTIFF'S REPLY IN FURTHER SUPPORT OF PLAINTIFF'S MOTION TO ALTER OR AMEND THE JUDGMENT AND FOR LEAVE TO AMEND THE SECOND AMENDED COMPLAINT: granting 129 Motion to Seal Document; granting 130 Motion to Seal Document. The Letter Motion is GRANTED. Plaintiff is authorized to file Plaintiff's Reply in Further Support of Plaintiff's Motion To Alter Or Amend The Judgment And For Leave To Amend The Second Amended Complaint and accompanying Declaration of Thomas J. McKenna in Further Support of Plaintiff's Motion to Alter or Amend the Judgment and for Leave to Amend the Second Amended Complaint dated May 4, 2017, with attached Exhibit A under seal Plaintiff's proposed redactions submitted pursuant to previous Court orders are accepted in full, and Plaintiff is directed to electronically file a redacted version of Plaintiff's Reply Memorandum of Law in Further Support of Plaintiff's Motion to Alter or Amend the Judgment and for Leave to Amend the Second Amended Complaint and accompanying Declaration of Thomas J. McKenna in Further Support of Plaintiff's Motion to Alter or Amend the Judgment and for Leave to Amend the Second Amended Complaint dated May 4, 2017, with attached Exhibit A within 5 business days of entry of this Order. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry. (Signed by Judge Katherine Polk Failla on 5/5/2017) (ap) (Entered: 05/05/2017)

05/05/2017 Transmission to Sealed Records Clerk. Transmitted re: 134 Order on Motion to Seal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. Document Number 128 to be sealed, as per Chambers. (ap) (Entered: 05/24/2017)

05/09/2017 135 REPLY MEMORANDUM OF LAW in Support re: 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, . . Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 05/09/2017)

05/09/2017 136 DECLARATION of Thomas J. McKenna in Support re: 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, .. Document filed by Michael Fogel. (Attachments: # 1 Exhibit A)(McKenna, Thomas) (Entered: 05/09/2017)

05/12/2017 137 NOTICE of of Supplemental Authority re: 120 Declaration in Support of Motion, 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, ., 119 Memorandum of Law in Support of Motion, 126 MOTION for Reconsideration re; 123 Order, Set Deadlines,,,,,,,,,,,, 121 Order,, ., 127 Memorandum of Law in Support of Motion, 128 Declaration in Support of Motion,,,,. Document filed by Michael Fogel. (McKenna, Thomas) (Entered: 05/12/2017)

05/16/2017 138 LETTER addressed to Judge Katherine Polk Failla from Peter A. Wald dated May 16, 2017 re: response to Plaintiff's notice of supplemental authority (Dkt. 137). Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 05/16/2017)

05/17/2017 139 LETTER addressed to Judge Katherine Polk Failla from Thomas J. McKenna dated May 17, 2017 re: in reply to Defendants' letter to Your Honor dated 05/16/17 (D.E. 138). Document filed by Michael Fogel.(McKenna, Thomas) (Entered: 05/17/2017)

05/22/2017 140 NOTICE of Supplemental Authority re: 120 Declaration in Support of Motion,. Document filed by Michael Fogel. (Attachments: # 1 Exhibit 1)(McKenna, Thomas) (Entered: 05/22/2017)

05/24/2017 141 LETTER addressed to Judge Katherine Polk Failla from Peter A. Wald dated May 24, 2017 re: response to Notice of Supplemental Authority (Dkt. 140). Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc..(Wald, Peter) (Entered: 05/24/2017)

08/02/2017 142 ORDER: The Court has reviewed the parties' briefing in support of and in opposition to Plaintiff's motion to alter or amend the judgment and for leave to amend the second amended complaint. The Court is dismayed by both the tone of Plaintiff's briefing and the formatting thereof. As the Court told both parties in its February 27, 2017 Opinion and Order, the Court does not appreciate the parties' formatting stratagems. (Dkt. #116). Accordingly, the Court hereby strikes Plaintiff's memorandum of law in support of his motion to alter or amend the judgment and for leave to amend the second amended complaint (Dkt. #119), Defendants' memorandum of law in support of its opposition to Plaintiff's motion (Dkt. #132), and Plaintiff's reply in further support of his motion (Dkt. #135). Plaintiff must file a replacement memorandum of law by September 4, 2017, which is not to exceed 25 pages in length. Defendants must file a replacement memorandum in opposition by October 2, 2017, which is also not to exceed 25 pages in length. Plaintiff must file any replacement reply by October 16, 2017, which is not to exceed 10 pages in length. These filings will be deemed timely filed nunc pro tunc by the Court. Neither Plaintiff nor Defendants may use any footnotes in any of these memoranda. Nor will the Court tolerate any additional formatting shenanigans used in an effort to circumvent the length limitations here ordered. The Court's prior orders regarding the material to be sealed in these memoranda remain in effect. (Dkt. #121, 123, 131). The Court has indicated that Plaintiff may renew its motion for reconsideration of those orders following the Court's resolution of his motion to alter or amend the judgment and for leave to amend the second amended complaint. (Dkt. #131). For now, the three replacement memoranda must be filed on the public docket in redacted form as required by the Court's sealing orders. When this secondary round of briefing concludes, the Court requests that Defendants provide the Court with courtesy copies of all of the new motion papers as required under Rule 4(D) of the Court's Individual Rules of Practice in Civil Cases. These courtesy copies should include the unredacted versions of the parties' replacement briefing and all exhibits thereto, and should be provided in the format described by Rule 4(D). ( Responses due by 10/2/2017, Replies due by 10/16/2017.) (Signed by Judge Katherine Polk Failla on 8/2/2017) (mro) (Entered: 08/02/2017)

09/04/2017 143 NOTICE of Redacted Document re the Court's August 2, 2017 Order re: 142 Order, Set Deadlines,,,,,,,,,,,,,,,,,,,,. Document filed by Michael Fogel. (Attachments: # 1 Redacted Memo of Law)(McKenna, Thomas) (Entered: 09/04/2017)

09/18/2017 144 NOTICE OF CHANGE OF ADDRESS by Sarah Ann Tomkowiak on behalf of Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. New Address: Latham & Watkins LLP, 555 Eleventh Street, NW, Washington, D.C., USA 20004, (202) 637-2200. (Tomkowiak, Sarah) (Entered: 09/18/2017)

10/02/2017 145 MEMORANDUM OF LAW in Opposition re: 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment,, . [Redacted- Replacement version as per the Court's Order dated 8/2/17]. Document filed by Scot Rank, Ernesto Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Wald, Peter) (Entered: 10/02/2017)

10/16/2017 146 NOTICE of Redacted Document re: the Court's August 2, 2017 Order re: 142 Order, Set Deadlines,,,,,,,,,,,,,,,,,,,,. Document filed by Michael Fogel. (Attachments: # 1 Redacted Memo of Law)(McKenna, Thomas) (Entered: 10/16/2017)

02/21/2018 147 OPINION AND ORDER re: 118 MOTION to Alter Judgment re: 116 Memorandum & Opinion,, 117 Clerk's Judgment, filed by Michael Fogel. For the foregoing reasons, Plaintiff's motion is DENIED. The Clerk of Court is directed to terminate the motion pending at Docket Number 118. (Signed by Judge Katherine Polk Failla on 2/21/2018) (mro) (Entered: 02/21/2018)

02/26/2018 148 NOTICE of Redacted Document re: 131 Order on Motion for Reconsideration,,. Document filed by Michael Fogel. (Attachments: # 1 Motion for Renewal of Motion for Reconsideration, # 2 Redacted Memorandum of Law)(McKenna, Thomas) (Entered: 02/26/2018)

03/06/2018 149 ORDER: On February 26, 2018, the Court received a renewed motion from Plaintiff in the above matter for reconsideration of the Court's Orders appearing at Docket Entries No. 121 and No. 123. (Dkt. #148). Accordingly, Defendants may file a response to the motion - by formal or letter brief not to exceed 25 pages - no later than March 30, 2018. Plaintiff's reply, if any, shall be due April 13, 2018, and may not exceed 10 pages. Responses due by 3/30/2018 Replies due by 4/13/2018. (Signed by Judge Katherine Polk Failla on 3/6/2018) (kgo) (Entered: 03/06/2018)

03/07/2018 150 NOTICE OF APPEAL from 147 Memorandum & Opinion, 117 Clerk's Judgment,, 116 Memorandum & Opinion,,. Document filed by Michael Fogel. Filing fee $ 505.00, receipt number 0208-14781755. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McKenna, Thomas) (Entered: 03/07/2018)

03/08/2018 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 150 Notice of Appeal. (tp) (Entered: 03/08/2018)

03/08/2018 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 150 Notice of Appeal, filed by Michael Fogel were transmitted to the U.S. Court of Appeals. (tp) (Entered: 03/08/2018)

03/30/2018 151 LETTER addressed to Judge Katherine Polk Failla from Peter A. Wald dated March 30, 2018 re: order issued March 27, 2018. Document filed by Scot Rank, Ernesto

Vega, Wal-Mart De Mexico SAB De CV, Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit A - March 27 Order)(Wald, Peter) (Entered: 03/30/2018)

04/18/2018 152 ORDER: On February 26, 2018, Plaintiff filed a renewed motion for reconsideration of the Courts Orders appearing at Docket Entries No. 121 and No. 123. (Dkt. #148). On March 30, 2018, Defendants filed a letter with the Court providing that they do not Plaintiffs motion because the information that is the subject of the motion was disclosed in a separate case. (Dkt. #151). Given Defendants concession, Plaintiffs motion is GRANTED. The parties are to refile, in unredacted form, the redacted or sealed documents appearing at Docket Entries 119, 120, 124, 125, 127, 128, 130, 132, 135, 143, 145, 146, and 148. The parties must so refile by May 18, 2018. So Ordered (Signed by Judge Katherine Polk Failla on 4/18/2018) (js) (Entered: 04/18/2018)

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