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US District Court Civil Docket as of 06/05/2012 Retrieved from the court on August 10, 2012 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:11-cv-07673-KBF Date Filed: 10/28/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question McKenna et al v. Smart Technologies, Inc. et al Assigned to: Judge Katherine B. Forrest Case in other court: Illinois Northern, 1:11-cv-00583 Cause: 15:77 Securities Fraud Plaintiff Thomas McKenna represented by Avi Josefson Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 (212)-554-1493 Fax: (212)-554-1444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenneth G. Gilman Gilman and Pastor, L.L.P. Stonehill Corporate Center 999 Broadway Suite 500 Boston, MA 01906 (781) 231-7850 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeroen Van Kwawegen Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 (212) 554-1400 Fax: (212) 554-1444 Email: [email protected] ATTORNEY TO BE NOTICED
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  • US District Court Civil Docket as of 06/05/2012 Retrieved from the court on August 10, 2012

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

    CIVIL DOCKET FOR CASE #: 1:11-cv-07673-KBF

    Date Filed: 10/28/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

    McKenna et al v. Smart Technologies, Inc. et al Assigned to: Judge Katherine B. Forrest Case in other court: Illinois Northern, 1:11-cv-00583 Cause: 15:77 Securities Fraud

    Plaintiff

    Thomas McKenna represented by Avi Josefson Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 (212)-554-1493 Fax: (212)-554-1444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

    Kenneth G. Gilman Gilman and Pastor, L.L.P. Stonehill Corporate Center 999 Broadway Suite 500 Boston, MA 01906 (781) 231-7850 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

    Jeroen Van Kwawegen Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 (212) 554-1400 Fax: (212) 554-1444 Email: [email protected] ATTORNEY TO BE NOTICED

  • Michael B. Weininger Lupel Weininger LLP 30 North LaSalle Street Suite 3520 Chicago, IL 60602 (312) 260-7700 Fax: (312) 260-7701 TERMINATED: 06/17/2011

    William Curtis Fredericks Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 (212)554-1400 Fax: (212)554-1444 Email: [email protected] ATTORNEY TO BE NOTICED

    V.

    Movant

    New Jersey Building Laborers Pension Fund

    represented by Matthew Thomas Heffner Susman Heffner & Hurst LLP Two First National Plaza Suite 600 Chicago, IL 60603 (312) 346-3466 Fax: 312-346-2829 ATTORNEY TO BE NOTICED

    Movant

    Employees' Retirement System of the Puerto Rico Electric Power Authority

    Movant

    City of Miami General Employees' and Sanitation Employees' Retirement Trust

    represented by Matthew Thomas Heffner (See above for address) ATTORNEY TO BE NOTICED

    represented by Avi Josefson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

    Boaz A. Weinstein Berstein Litowitz Berger & Grossmann

  • Llp 1285 Avenue Of The Americas New York, NY 10019 (212) 554-1400 PRO HAC VICE ATTORNEY TO BE NOTICED

    Jeroen Van Kwawegen (See above for address) ATTORNEY TO BE NOTICED

    William Curtis Fredericks (See above for address) ATTORNEY TO BE NOTICED

    Movant

    SMT Institutional Investors represented by Matthew Thomas Heffner (See above for address) ATTORNEY TO BE NOTICED

    V.

    Defendant

    Smart Technologies, Inc. represented by Andrew W. Stern Sidley Austin LLP (NY) 787 Seventh Avenue New York, NY 10019 212-839-5300 Fax: 212-839-5599 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

    Hille von Rosenvinge Sheppard Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

    Isaac S. Greaney Sidley Austin LLP (NY) 787 Seventh Avenue New York, NY 10019 (212)-839-7324 Fax: 212-839-5599 Email: [email protected]

  • ATTORNEY TO BE NOTICED

    Jackie Adeline Lu Sidley Austin LLP 787 Seventh Avenue New York, NY 10019 (212)-839-7346 Fax: (212)-839-5599 Email: [email protected] ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz Sidley Austin LLP (NY) 787 Seventh Avenue New York, NY 10019 (212)-839-5901 Fax: (212) 839-5599 Email: [email protected] ATTORNEY TO BE NOTICED

    Michael D. Mann Sidley Austin LLP (NY) 787 Seventh Avenue New York, NY 10019 (212)-839-5837 Fax: (212)-839-5599 Email: [email protected] ATTORNEY TO BE NOTICED

    Defendant

    David A Martin represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    Nancy L Knowlton represented by Isaac S. Greaney

  • (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    G A Fitch represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    Salim Nathoo represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

  • Defendant

    Arvind Sodhani

    represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    Michael J Mueller represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    Robert C Hagerty represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

  • Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    Morgan Stanley & Co., Inc. TERMINATED: 08/22/2011

    represented by Alexis Shaw Garmey Eimer Stahl Klevorn And Solberg 224 S. Michigan Avenue Suite 1100 Chicago, IL 60604 (312) 660-7640

    Douglas W Henkin Milbank, Tweed, Hadley & McCloy LLP (NYC) 1 Chase Manhattan Plaza New York, NY 10005 (212) 530-5000 Fax: (212) 530-5219 Email: [email protected] ATTORNEY TO BE NOTICED

    John Kenneth Theis Eimer Stahl Klevorn & Solberg 224 South Michigan Avenue Suite 1100 Chicago, IL 60604-2516 (312) 660-7600

    Nathan P. Eimer Eimer, Stahl, Klevorn & Solberg 122 South Michigan Avenue Chicago, IL 60603 (312) 435-9345 ATTORNEY TO BE NOTICED

    Scott A. Edelman Milbank, Tweed, Hadley & Mccloy Llp 1 Chase Manhattan Plaza New York, NY 10005 (212) 530-5149 ATTORNEY TO BE NOTICED

    Defendant

    Deutsche Bank Securities, Inc. represented by Alexis Shaw Garmey TERMINATED: 08/22/2011

    (See above for address)

  • Douglas W Henkin (See above for address) ATTORNEY TO BE NOTICED

    John Kenneth Theis (See above for address)

    Nathan P. Eimer (See above for address) ATTORNEY TO BE NOTICED

    Scott A. Edelman (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    RBC Dominion Securities, Inc. represented by Alexis Shaw Garmey TERMINATED: 08/22/2011 (See above for address)

    Douglas W Henkin (See above for address) ATTORNEY TO BE NOTICED

    John Kenneth Theis (See above for address)

    Nathan P. Eimer (See above for address)

    Scott A. Edelman (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    Apax Partners, L.P. represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address)

  • ATTORNEY TO BE NOTICED

    Defendant

    APAX Partners Europe Managers Ltd

    represented by Isaac S. Greaney (See above for address) ATTORNEY TO BE NOTICED

    Jackie Adeline Lu (See above for address) ATTORNEY TO BE NOTICED

    Jonathan Warren Muenz (See above for address) ATTORNEY TO BE NOTICED

    Michael D. Mann (See above for address) ATTORNEY TO BE NOTICED

    Defendant

    Intel Corporation represented by 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: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

    Diana Michelle Feinstein Gibson, Dunn & Crutcher, LLP (NY) 200 Park Avenue, 48th Floor New York, NY 10166 (212)-351-2696 Fax: (212)-351-6297 Email: [email protected] ATTORNEY TO BE NOTICED

    Paul Jeffrey Collins Gibson, Dunn & Crutcher, LLP (CA) 1881 Page Mill Road Palo Alto, CA 94304 (650)-849-5309 Fax: (650)-849-5009 Email: [email protected] ATTORNEY TO BE NOTICED

  • Date Filed # Docket Text

    01/26/2011 1 COMPLAINT filed by Thomas McKenna; Jury Demand. Filing fee $ 350, receipt number 0752-5646726.(Weininger, Michael) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 01/26/2011)

    01/26/2011 2 CIVIL Cover Sheet (Weininger, Michael) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 01/26/2011)

    01/26/2011 3 ATTORNEY Appearance for Plaintiff Thomas McKenna by Michael B. Weininger (Weininger, Michael) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 01/26/2011)

    01/26/2011 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Geraldine Soat Brown. (nsf, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 01/26/2011)

    02/01/2011 4 MOTION by Movants New Jersey Building Laborers Pension Fund, Employees' Retirement System of the Puerto Rico Electric Power Authority to appoint counsel and Appoint Lead Plaintiff (Attachments: # 1 Text of Proposed Order)(Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011)

    02/01/2011 5 NOTICE of Motion by Matthew Thomas Heffner for presentment of motion to appoint I

    counsel, 4 before Honorable Edmond E. Chang on 2/7/2011 at 08:30 AM. (Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011)

    02/01/2011 6 MEMORANDUM by Employees' Retirement System of the Puerto Rico Electric Power Authority, New Jersey Building Laborers Pension Fund in support of motion to appoint counsel, 4 and Appoint Lead Plaintiff (Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011) -

    02/01/2011 7 AFFIDAVIT by Movants Employees' Retirement System of the Puerto Rico Electric Power Authority, New Jersey Building Laborers Pension Fund in Support of MOTION by Movants New Jersey Building Laborers Pension Fund, Employees' Retirement System of the Puerto Rico Electric Power Authority to appoint counsel and Appoint Lead Plaintiff 4 (Attachments: # 1 Exhibit A - Certifications, # 2 Exhibit B - Loss Chart, # 3 Exhibit C - PSLRA Notice, # 4 Exhibit D - Milberg Resume, # 5 Exhibit E - AFT Resume, # 6 Exhibit F - SHH Resume)(Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011)

    02/01/2011 8 MOTION by Movant City of Miami General Employees' and Sanitation Employees' Retirement Trust to appoint counsel Motion of the City of Miami General Employees' and Sanitation Employees' Retirement Trust for Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011)

    02/01/2011 9 NOTICE of Motion by Avi Josefson for presentment of motion to appoint counsel, 8 before Honorable Edmond E. Chang on 2/7/2011 at 08:30 AM. (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011)

    02/01/2011 10 MEMORANDUM by City of Miami General Employees' and Sanitation Employees'

  • Retirement Trust in support of motion to appoint counsel, 8 Memorandum of Law in Support of the Motion of the City of Miami General Employees' and Sanitation Employees' Retirement Trust for Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011)

    02/01/2011 11 DECLARATION of Avi Josefson regarding motion to appoint counsel, 8 Declaration of Avi Josefson in Support of the Motion of the City of Miami General Employees' and Sanitation Employees' Retirement Trust for Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel (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)(Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/01/2011)

    02/07/2011 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 5678350. (Gilman, Kenneth) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/07/2011)

    02/07/2011 13 Designation of Local Counsel by Thomas McKenna (Gilman, Kenneth) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/07/2011)

    02/07/2011 14 MINUTE entry before Honorable Edmond E. Chang:On or before 2/15/2011, Plaintiff, current movants, and any other interested persons shall file a memorandum addressing whether the time periods in 15 U.S.C. § 78u-4(a)(3) are governed by the start dates arising from the "first filed action," 15 U.S.C. § 78u-4(a)(3)(A)(ii). The first filed action appears to have been DeMontravel v. SMART Tech., Inc, No. 10-cv-9054, in the Southern District of New York, but that case, as well as another case filed in that district before the instant case, were both voluntarily dismissed without prejudice on February 4, 2011. The question presented is what dates now govern the 20-day notice publication date, 78u-4(a)(3)(A)(i) and the 60-day deadline to move to serve as lead plaintiff, 78u-4(a)(3)(A)(i)(II). Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/07/2011)

    02/07/2011 15 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Motion 4 by Movants New Jersey Building Laborers Pension Fund, Employees' Retirement System of the Puerto Rico Electric Power Authority for appointment as Lead plaintiff and approval of selection of Lead and Liaison Counsel is entered and continued to 2/16/2011 at 9:30a.m. Motion 8 by Movant City of Miami General Employees' and Sanitation Employees' Retirement Trust for appointment as lead plaintiff and approval of its selection of Lead Counsel is entered and continued to 2/16/2011 at 9:30a.m. Status hearing set for 2/16/2011 at 9:30a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/07/2011)

    02/07/2011 16 MINUTE entry before Honorable Edmond E. Chang: Motion 12 by Kenneth G. Gilman for leave to appear pro hac vice on behalf of Thomas McKenna is granted. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/07/2011)

    02/09/2011 17 ATTORNEY Appearance for Defendant Smart Technologies, Inc. by Hille von Rosenvinge Sheppard (Sheppard, Hille) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/09/2011)

    02/09/2011 18 ATTORNEY Appearance for Plaintiff Thomas McKenna by Kenneth G Gilman

  • (Gilman, Kenneth) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/09/2011)

    02/11/2011 19 MEMORANDUM text entry,,, 14 by Thomas McKenna Plaintiff's Memorandum in Response to Court's Order of February 7, 2011 Concerning Notice (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gilman, Kenneth) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/11/2011)

    02/14/2011 20 STATUS Report by Deutsche Bank Securities, Inc., Morgan Stanley & Co., Inc., RBC Dominion Securities, Inc., Smart Technologies, Inc. (Sheppard, Hille) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/14/2011)

    02/14/2011 21 ATTORNEY Appearance for Defendants Deutsche Bank Securities, Inc., Morgan Stanley & Co., Inc., RBC Dominion Securities, Inc. by Nathan P. Eimer (Eimer, Nathan) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/14/2011)

    02/15/2011 22 ATTORNEY Appearance for Defendants Deutsche Bank Securities, Inc., Morgan Stanley & Co., Inc., RBC Dominion Securities, Inc. by John Kenneth Theis (Theis, John) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/15/2011)

    02/15/2011 23 RESPONSE by Plaintiff Thomas McKenna (Attachments: # 1 Notice of Filing)(Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/15/2011)

    02/15/2011 24 MINUTE entry before Honorable Edmond E. Chang: The status hearing scheduled for 2/16/2011 at 9:30a.m. is reset to 2/16/2011 at 9:00a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/15/2011)

    02/15/2011 25 MEMORANDUM text entry,,, 14 by City of Miami General Employees' and Sanitation Employees' Retirement Trust in Response to the Court's Order of February 7, 2011, Concerning Notice (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/15/2011)

    02/15/2011 26 DECLARATION of Avi Josefson regarding memorandum 25 of Law of the City of I Miami General Employees' and Sanitation Employees' Retirement Trust in Response

    to the Court's Order of February 7, 2011, Concerning Notice (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)(Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/15/2011)

    02/16/2011 27 ATTORNEY Appearance for Movant City of Miami General Employees' and Sanitation Employees' Retirement Trust by Avi Josefson (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/16/2011)

    02/16/2011 28 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Cross responses to be filed by 2/28/2011 to the motions [4 and 8] for appointment of Lead Plaintiff and approval of selection of Lead Counsel. Cross replies to be filed by 3/3/2011. Status hearing set for 3/24/2011 at 9:45a.m.Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/16/2011) -

    02/17/2011 29 SUMMONS Issued as to Defendants Deutsche Bank Securities, Inc., Morgan Stanley & Co., Inc., RBC Dominion Securities, Inc., Smart Technologies, Inc. (nf, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/18/2011)

  • 02/18/2011 30 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 5722874. (Henkin, Douglas) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/18/2011)

    02/18/2011 31 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 5722965. (Edelman, Scott) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/18/2011)

    02/28/2011 32 ATTORNEY Appearance for Movants Employees' Retirement System of the Puerto Rico Electric Power Authority, New Jersey Building Laborers Pension Fund, SMT Institutional Investors by Matthew Thomas Heffner (Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/28/2011)

    02/28/2011 33 NOTICE by Employees' Retirement System of the Puerto Rico Electric Power Authority, New Jersey Building Laborers Pension Fund, SMT Institutional Investors re attorney appearance 32 and Certificate of Service (Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/28/2011)

    02/28/2011 34 RESPONSE by Movants Employees' Retirement System of the Puerto Rico Electric Power Authority, New Jersey Building Laborers Pension Fund, SMT Institutional Investors (Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/28/2011)

    02/28/2011 35 NOTICE by Employees' Retirement System of the Puerto Rico Electric Power Authority, New Jersey Building Laborers Pension Fund, SMT Institutional Investors re Response 34 and Certificate of Service (Heffner, Matthew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/28/2011)

    02/28/2011 36 RESPONSE by City of Miami General Employees' and Sanitation Employees' Retirement Trust in Support of MOTION by Movant City of Miami General Employees' and Sanitation Employees' Retirement Trust to appoint counsel Motion of the City of Miami General Employees' and Sanitation Employees' Retirement Trust for Appointment as Lead Plai 8 (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/28/2011)

    02/28/2011 37 MINUTE entry before Honorable Edmond E. Chang: Motion by Douglas W. Henkin to appear pro hac vice on behalf of defendants Morgan Stanley & Company, Deutsche Bank Securities, Inc. and RBC Dominion Securities, Inc. is granted. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/28/2011)

    02/28/2011 38 MINUTE entry before Honorable Edmond E. Chang:Motion by Scott A. Edelman to appear pro hac vice on behalf of defendants Morgan Stanley & Company, Deutsche Bank Securities, Inc. and RBC Dominion Securities, Inc. is granted. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 02/28/2011)

    39 TRANSCRIPT OF PROCEEDINGS held on 02-07-2011 before the Honorable Edmond E. Chang.

    Court Reporter Contact Information: KRISTA BURGESON, [email protected] , 312-435-5567.

    IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/22/2011. Redacted Transcript Deadline set for 4/1/2011. Release of Transcript Restriction set for 5/31/2011. (Burgeson, Krista) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/01/2011)

    03/01/2011

    40 TRANSCRIPT OF PROCEEDINGS held on 02-16-2011 before the Honorable Edmond E. Chang.

    Court Reporter Contact Information: KRISTA BURGESON, [email protected] , 312-435-5567.

    IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/22/2011. Redacted Transcript Deadline set for 4/1/2011. Release of Transcript Restriction set for 5/31/2011. (Burgeson, Krista) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/01/2011)

    03/15/2011 41 MOTION by Defendants Deutsche Bank Securities, Inc., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Morgan Stanley & Co., Inc., Michael J Mueller, Salim Nathoo, RBC Dominion Securities, Inc., Smart Technologies, Inc., Arvind Sodhani to transfer case Pursuant to 28 U.S.C. § 1404(a) (Eimer, Nathan) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/15/2011)

    03/15/2011 42 MEMORANDUM by Deutsche Bank Securities, Inc., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Morgan Stanley & Co., Inc., Michael J Mueller, Salim Nathoo, RBC Dominion Securities, Inc., Smart Technologies, Inc., Arvind Sodhani in support of motion to transfer case, 41 Pursuant to 28 U.S.C. § 1404(a) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Eimer, Nathan) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/15/2011)

    03/15/2011 43 NOTICE of Motion by Nathan P. Eimer for presentment of motion to transfer case, 41 before Honorable Edmond E. Chang on 3/24/2011 at 09:45 AM. (Eimer, Nathan) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/15/2011)

    03/16/2011 44 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Smart Technologies, Inc. (Sheppard, Hille) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/16/2011)

    03/16/2011 45 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deutsche Bank Securities, Inc., Morgan Stanley & Co., Inc., RBC Dominion Securities, Inc. (Eimer, Nathan) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/16/2011)

    03/16/2011 46 MINUTE entry before Honorable Edmond E. Chang: Status hearing reset to 3/23/2011

  • at 9:15a.m. Hearing on defendants' motion 41 to transfer reset to 3/23/2011 at 9:15a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/16/2011)

    03/16/2011 47 MINUTE entry before Honorable Edmond E. Chang: At the request of defendant Smart Technologies, Inc's attorney Hille von Rosenvinge Sheppard, the case will be placed back on the Court's docket for 3/24/2011. Status hearing reset to 3/24/2011 at 8:30a.m. Hearing on defendants' motion 41 to transfer reset to 3/24/2011 at 8:30a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/16/2011)

    03/17/2011 48 ATTORNEY Appearance for Defendant Smart Technologies, Inc. by Andrew W. Stern (Stern, Andrew) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/17/2011)

    03/21/2011 49 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 5816940. (Weinstein, Boaz) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/21/2011)

    03/21/2011 50 MINUTE entry before Honorable Edmond E. Chang: Application by Boaz A. Weinstein to appear pro hac vice on behalf of defendant City of Miami General Employees' and Sanitation Employees' Retirement Trust is granted Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/21/2011)

    03/22/2011 51 MINUTE entry before Honorable Edmond E. Chang:The Court has the applications for appointment as lead counsel under advisement. The status hearing and the venue-transfer motion 41 are entered and continued until April 6, 2011 at 10:00a.m. After appointment of lead counsel, the Court will order a response brief on the transfer motion. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/22/2011)

    03/22/2011 52 SUMMONS Returned Executed by Thomas McKenna as to Morgan Stanley & Co., Inc. on 2/22/2011, answer due 3/15/2011. (Gilman, Kenneth) (Incorrect pdf document linked -Docket Text Modified by Clerk's Office.). Modified on 3/23/2011 (et, ). [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/22/2011)

    03/22/2011 53 SUMMONS Returned Executed by Thomas McKenna as to Deutsche Bank Securities, I Inc. on 2/24/2011, answer due 3/17/2011. (Gilman, Kenneth) (Docket Text Modified

    by Clerk's Office). Modified on 3/23/2011 (et, ). [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/22/2011)

    03/23/2011 54 AFFIDAVIT of Service filed by Movant City of Miami General Employees' and Sanitation Employees' Retirement Trust regarding Summons & Complaint served on Nathan P. Eimer Esq., Counsel for Defendant RBC Dominion Securities Inc. on March 22, 2011 (Weinstein, Boaz) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/23/2011)

    03/23/2011 55 SUMMONS Returned Executed by Thomas McKenna as to Morgan Stanley & Co., Inc. on 2/24/2011, answer due 3/17/2011. (Gilman, Kenneth) (Docket Text Modified by Clerk's Office). Modified on 3/24/2011 (et, ). [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/23/2011)

    03/24/2011 56 MOTION by Defendants Deutsche Bank Securities, Inc., Morgan Stanley & Co., Inc.,

  • RBC Dominion Securities, Inc. For Entry of Proposed Scheduling Order (Attachments: # 1 Exhibit A)(Eimer, Nathan) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/24/2011)

    03/24/2011

    04/05/2011

    57 NOTICE of Motion by Nathan P. Eimer for presentment of motion for miscellaneous relief 56 before Honorable Edmond E. Chang on 4/6/2011 at 10:00 AM. (Eimer, Nathan) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 03/24/2011)

    58 MINUTE entry before Honorable Edmond E. Chang: The motion to enter the unopposed proposed scheduling order 56 is granted. The motion to transfer venue is entered and continued until 4/20/2011 at 8:30a.m., which will also serve as a status hearing date, and the competing applications for appointment as lead counsel remains under advisement. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 04/05/2011)

    04/05/2011 59 Scheduling Order Signed by the Honorable Edmond E. Chang on 4/5/2011:Mailed notice(slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 04/05/2011)

    04/06/2011 60 MINUTE entry before Honorable Edmond E. Chang: At the request of Avi Josefson and no objection by any of the parties, the hearing scheduled for 4/20/2011 is reset to 4/27/2011 at 9:00a.m. to allow Avi Josefson to observe the Jewish Holiday. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 04/06/2011)

    04/20/2011 61 ATTORNEY Appearance for Defendants Deutsche Bank Securities, Inc., Morgan Stanley & Co., Inc., RBC Dominion Securities, Inc. by Alexis Shaw Garmey (Garmey, Alexis) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 04/20/2011)

    04/22/2011 62 MINUTE entry before Honorable Edmond E. Chang: The parties are advised that they need not appear at the 04/27/2011 status hearing. A decision on the appointment of lead plaintiff and lead counsel will be issued in the next week, and then the Court will set a briefing schedule on the transfer motion. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 04/22/2011)

    06/16/2011 63 MINUTE entry before Honorable Edmond E. Chang: Motion 4 of the SMT I Institutional Investors for appointment as lead plaintiff is denied. Motion 8 of the City

    of Miami General Employees' and Sanitation Employees' Retirement Trust for appointment as lead plaintiff and approval of its selection of lead counsel is granted. [For further details see attached minute order]. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 06/16/2011)

    06/16/2011 64 MINUTE entry before Honorable Edmond E. Chang: Lead Plaintiff shall file a response to the venue-transfer motion [R. 41] on or before 07/08/11. Defendants shall reply on or before 07/22/11. Status hearing set for 08/25/11 at 8:30a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 06/16/2011)

    06/17/2011

    65 MOTION by counsel for Plaintiff Thomas McKenna to withdraw as attorney (Attachments: # 1 Text of Proposed Order)(Weininger, Michael) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 06/17/2011)

    06/17/2011

    66 NOTICE of Motion by Michael B. Weininger for presentment of motion to withdraw

  • as attorney 65 before Honorable Edmond E. Chang on 6/22/2011 at 08:30 AM. (Weininger, Michael) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 06/17/2011)

    06/17/2011 67 MINUTE entry before Honorable Edmond E. Chang: Motion 65 by Michael Weininger and Lupel Weininger LLP to withdraw as counsel for Plaintiff, Thomas McKenna is granted. Michael Weininger and Lupel Weininger LLP are granted leave to withdraw their appearances as local counsel for Plaintiff, Thomas McKenna. Mailed notice. (et, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 06/20/2011)

    07/08/2011 68 MEMORANDUM by City of Miami General Employees' and Sanitation Employees' Retirement Trust in Opposition to motion to transfer case, 41 (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 07/08/2011)

    07/08/2011 69 DECLARATION of Avi Josefson regarding memorandum in opposition to motion 68 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 07/08/2011)

    07/22/2011 70 REPLY by Deutsche Bank Securities, Inc., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Morgan Stanley & Co., Inc., Michael J Mueller, Salim Nathoo, RBC Dominion Securities, Inc., Smart Technologies, Inc., Arvind Sodhani to MOTION by Defendants Deutsche Bank Securities, Inc., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Morgan Stanley & Co., Inc., Michael J Mueller, Salim Nathoo, RBC Dominion Securities, Inc., Smart Technologies, Inc., Arvind Sodhani to t 41 in Further Support ofDefendants' Motion to Transfer Venue pursuant to 28 U.S.C. Section 1404(a) (Attachments: # 1 Declaration of Anthony Uhrick)(Sheppard, Hille) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 07/22/2011)

    08/19/2011 71 NOTICE of Voluntary Dismissal by City of Miami General Employees' and Sanitation Employees' Retirement Trust : As to the Underwriter Defendants Only (Josefson, Avi) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 08/19/2011)

    08/22/2011 72 MINUTE entry before Honorable Edmond E. Chang: Morgan Stanley & Co., Incorporated, Deutsche Bank Securities, Inc. and RBC Dominion Securities Inc. are dismissed as defendants in this action. The dismissal is without prejudice and without costs. Mailed notice. (et, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 08/23/2011)

    08/24/2011 73 MINUTE entry before Honorable Edmond E. Chang:Defendants' venue-transfer motion 41 is under advisement. Status hearing of 08/25/11 is reset to 09/15/11 at 8:30a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 08/24/2011)

    09/13/2011 74 MINUTE entry before Honorable Edmond E. Chang: Defendants' venue-transfer motion 41 is still under advisement. Status hearing of 09/15/11 is reset to 10/05/11 at 8:30a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 09/13/2011)

    10/05/2011 75 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Discussion held on the motion to transfer venue. A ruling on the motion to transfer will be issued

  • promptly. Amended complaint to be filed on or before 11/04/2011. Status hearing held on 10/19/11 at 9:15 a.m. Mailed notice (slb, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 10/05/2011)

    10/06/2011 76 MINUTE entry before Honorable Edmond E. Chang: Leave of court is given to Nathan P. Eimer to withdraw his appearance on behalf of defendant, Morgan Stanley & Co. Mailed notice. (et, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 10/07/2011)

    10/11/2011 77 MINUTE entry before Honorable Edmond E. Chang: The minute order [ 76 ] dated 10/06/2011 is stricken. The appearance of Nathan P. Eimer is to be placed back on the docket. Mailed notice. (et, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 10/11/2011)

    10/14/2011 78 WRITTEN Opinion entered by the Honorable Edmond E. Chang on 10/14/2011: Defendants' motion to transfer, R. 41 , is granted. This case is transferred to the Southern District of New York. (For further details see Written Opinion). Mailed notice. (et, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 10/17/2011)

    10/28/2011 79 TRANSFERRED to the USDC for the Southern District of New York the electronic record. (et, ) [Transferred from Illinois Northern on 10/28/2011.] (Entered: 10/28/2011)

    10/28/2011 80 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:11-cv-00583. Original file certified copy of transfer order and docket entries received. (pgu) (Entered: 10/28/2011)

    10/28/2011 Magistrate Judge James C. Francis IV is so designated. (pgu) (Entered: 10/28/2011)

    10/28/2011 Case Designated ECF. (pgu) (Entered: 10/28/2011)

    10/28/2011 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (pgu) (Entered: 10/28/2011)

    11/04/2011 81 AMENDED COMPLAINT amending 1 Complaint against G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani, Apax Partners, L.P., APAX Partners Europe Managers Ltd, Intel Corporation with JURY DEMAND.Document filed by Thomas McKenna. (Received in the night deposit box on 11/4/11 at 8:36pm) Related document: 1 Complaint filed by Thomas McKenna. (Attachments: # 1 Exhibit)(mro) (Entered: 11/08/2011)

    11/08/2011 82 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Intel Corporation served on 11/7/2011, answer due 11/28/2011. Service was accepted by Scott Lascala, Managing Agent. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Van Kwawegen, Jeroen) (Entered: 11/08/2011)

    11/08/2011 83 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Apax Partners, L.P. served on 11/7/2011, answer due 11/28/2011. Service was accepted by Scott Lascala, Managing Agent. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Van Kwawegen, Jeroen) (Entered:

  • 11/08/2011)

    11/08/2011 84 NOTICE OF APPEARANCE by Jeroen Van Kwawegen on behalf of City of Miami General Employees' and Sanitation Employees' Retirement Trust (Van Kwawegen, Jeroen) (Entered: 11/08/2011)

    11/10/2011 85 NOTICE OF APPEARANCE by Jonathan Warren Muenz on behalf of APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani (Muenz, Jonathan) (Entered: 11/10/2011)

    11/10/2011 86 NOTICE OF APPEARANCE by Michael D. Mann on behalf of APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani (Mann, Michael) (Entered: 11/10/2011)

    11/10/2011 87 NOTICE OF APPEARANCE by Isaac S. Greaney on behalf of APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani (Greaney, Isaac) (Entered: 11/10/2011)

    11/14/2011

    11/18/2011

    11/22/2011

    11/29/2011

    88 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/2/2011 at 11:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/14/2011) (jfe) (Entered: 11/14/2011)

    89 CERTIFICATE OF SERVICE of Summons and Amended Complaint,. APAX Partners Europe Managers Ltd served on 11/18/2011, answer due 12/9/2011. Service was accepted by Andrew Stern. Service was made by Mail. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Van Kwawegen, Jeroen) (Entered: 11/18/2011)

    90 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Andrew W. Stern dated 11/21/2011 re: I write on behalf of all Defendants to respectfully request an extension of time for Defendants to respond to Lead Plaintiff's Amended Class Action Complaint. ENDORSEMENT: Defendants shall submit such letter on Nov. 29, and any response by 9 am on December 2, 2011. No further extensions will be granted. ( Motions due by 1/6/2012.) (Signed by Judge Katherine B. Forrest on 11/22/2011) (lmb) (Entered: 11/22/2011)

    91 NOTICE OF APPEARANCE by Jonathan Cobb Dickey on behalf of Intel Corporation (Dickey, Jonathan) (Entered: 11/29/2011)

    11/29/2011 92 NOTICE OF APPEARANCE by Diana Michelle Feinstein on behalf of Intel Corporation (Feinstein, Diana) (Entered: 11/29/2011)

    11/29/2011 93 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Intel Corporation.(Feinstein, Diana) (Entered: 11/29/2011)

    11/29/2011 94 NOTICE OF APPEARANCE by Paul Jeffrey Collins on behalf of Intel Corporation (Collins, Paul) (Entered: 11/29/2011)

    12/01/2011 95 NOTICE OF APPEARANCE by William Curtis Fredericks on behalf of City of Miami General Employees' and Sanitation Employees' Retirement Trust (Fredericks,

  • William) (Entered: 12/01/2011)

    12/02/2011 Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 12/2/2011. (jp) (Entered: 12/02/2011)

    12/21/2011 96 TRANSCRIPT of Proceedings re: Conference held on 12/2/2011 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/17/2012. Redacted Transcript Deadline set for 1/26/2012. Release of Transcript Restriction set for 3/23/2012.(McGuirk, Kelly) (Entered: 12/21/2011)

    12/21/2011 97 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/11 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: 12/21/2011)

    12/30/2011 98 TRANSCRIPT of Proceedings re: Conference held on 12/2/2011 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/23/2012. Redacted Transcript Deadline set for 2/2/2012. Release of Transcript Restriction set for 4/2/2012.(McGuirk, Kelly) (Entered: 12/30/2011) -

    12/30/2011 99 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/11 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: 12/30/2011)

    01/06/2012 100 JOINT MOTION to Dismiss the Amended Class Action Complaint . Document filed by APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani.(Muenz, Jonathan) (Entered: 01/06/2012)

    01/06/2012 101 MEMORANDUM OF LAW in Support re: 100 JOINT MOTION to Dismiss the Amended Class Action Complaint .. Document filed by APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani. (Muenz, Jonathan) (Entered: 01/06/2012)

    01/06/2012 102 DECLARATION of ANDREW W. STERN in Support re: 100 JOINT MOTION to Dismiss the Amended Class Action Complaint .. Document filed by APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo,

  • 01/11/2012

    01/11/2012

    Smart Technologies, Inc., Arvind Sodhani. (Attachments: # 1 Exhibit A-F)(Muenz, Jonathan) (Entered: 01/06/2012)

    103 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Andrew W. Stern dated 1/9/2012 re: We write pursuant to this Court's Individual Practice 2.E respectfully to request oral argument in connection with that motion on a date convenient for the Court. ENDORSEMENT: Application granted. The Court will hear oral argument on the motion to dismiss on March 9, 2012 at 2:00 p.m. (Oral Argument set for 3/9/2012 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/11/2012) (rjm) (Entered: 01/11/2012)

    Set/Reset Deadlines: Responses due by 2/6/2012. Replies due by 2/17/2012. (rjm) (Entered: 01/11/2012)

    02/06/2012 104 MEMORANDUM OF LAW in Opposition re: 100 JOINT MOTION to Dismiss the Amended Class Action Complaint .. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Fredericks, William) (Entered: 02/06/2012)

    02/17/2012 105 REPLY MEMORANDUM OF LAW in Support re: 100 JOINT MOTION to Dismiss the Amended Class Action Complaint .. Document filed by APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani. (Muenz, Jonathan) (Entered: 02/17/2012)

    02/23/2012 106 ORDER: At the oral argument scheduled for March 9, 2012, at 2:00 p.m., the parties should be prepared to address the arguments made in their respective briefs in support of and in opposition to defendants' joint motion to dismiss (Dkt. No. 100), as well as, in particular, the following as set forth in this order. (Signed by Judge Katherine B. Forrest on 2/23/2012) (lmb) (Entered: 02/23/2012)

    03/09/2012 Minute Entry for proceedings held before Judge Katherine B. Forrest: Oral Argument held on 3/9/2012 re: 100 JOINT MOTION to Dismiss the Amended Class Action Complaint . filed by Arvind Sodhani, APAX Partners Europe Managers Ltd, Michael J Mueller, Apax Partners, L.P., Robert C Hagerty, Smart Technologies, Inc., David A Martin, Nancy L Knowlton, G A Fitch, Salim Nathoo, Intel Corporation. (jp) (Entered: 03/12/2012)

    03/15/2012 107 TRANSCRIPT of Proceedings re: MOTION held on 3/9/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jerry Harrison, (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 4/9/2012. Redacted Transcript Deadline set for 4/19/2012. Release of Transcript Restriction set for 6/18/2012.(McGuirk, Kelly) (Entered: 03/15/2012)

    03/15/2012

    108 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 3/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/15/2012)

  • 04/03/2012 109 OPINION & ORDER re: #101676 100 JOINT MOTION to Dismiss the Amended Class Action Complaint filed by Arvind Sodhani, APAX Partners Europe Managers Ltd, Michael J Mueller, Apax Partners, L.P., Robert C Hagerty, Smart Technologies, Inc., David A Martin, Nancy L Knowlton, G A Fitch, Salim Nathoo, Intel Corporation. For the aforementioned reasons, defendants' joint motion to dismiss the Amended Complaint is GRANTED IN PART and DENIED IN PART. Plaintiff's section 11 and section 12(a)(2) claims related to misrepresentations or omissions on demand for NextWindow survive. Plaintiff section 11 and 12(a)(2) claims related to misrepresentations and omissions on demand for SMART's core interactive whiteboard are dismissed without prejudice. Claims under section 11 and section 12(a)(2) for misrepresentations or omissions related to (i) ERP; and (ii) SMARTs corporate and foreign network are dismissed with prejudice.Plaintiffs section 12(a)(2) claims against the Individual Defendants are dismissed.The section 15 claims against Apax and Intel as to ERP and SMART's corporate and foreign networks are dismissed with prejudice. The section 15 claim as to demand for NextWindow survives, and the claim as to demand for interactive whiteboards is dismissed without prejudice. No later than April 23, 2012, plaintiff is directed to file a second amended complaint to reflect the Court's rulings herein as well as to amend its allegations on its Section 15 claim to include the language from the Prospectus regarding concentrated control, on which it relied at oral argument, but does not appear in the Amended Complaint. If defendants plan to move against any new allegations in a second amended complaint related to demand for SMART's interactive whiteboards, they should do so no later than May 11, 2012, with plaintiff's opposition thereto due no later than May 18, 2012. No reply will be allowed. Any memorandum of law in support of or in opposition to a motion to dismiss shall be limited to no more than 15 pages. The Clerk of Court is directed to terminate defendants' joint motion to dismiss the amended complaint (Dkt. No. 100). (Signed by Judge Katherine B. Forrest on 4/3/2012) (lmb) Modified on 4/5/2012 (jab). (Entered: 04/03/2012)

    04/03/2012 Set/Reset Deadlines: Amended Pleadings due by 4/23/2012. Motions due by 5/11/2012. Responses due by 5/18/2012. (lmb) (Entered: 04/03/2012)

    04/23/2012 110 SECOND AMENDED COMPLAINT amending 81 Amended Complaint, against APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani with JURY DEMAND.Document filed by Thomas McKenna. Related document: 81 Amended Complaint, filed by Thomas McKenna.(cd) (Entered: 04/24/2012)

    04/24/2012 111 CORRECTED SECOND AMENDED COMPLAINT amending 110 Amended Complaint, against APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani with JURY DEMAND.Document filed by Thomas McKenna. Related document: 110 Amended Complaint, filed by Thomas McKenna.(Received in the night deposit box on 4/24/12 at 5:09 pm)(mro) (Entered: 04/25/2012)

    05/11/2012 112 STIPULATION: It is hereby stipulated and agreed by and between the undersigned attorneys for the parties herein that the time for defendants to answer the claims in the Second Amended Class action complaint is hereby extended to and including thirty (30) days after entry of an order resolving all motions to dismiss the second Amended

  • Class Action Complaint, Pursuant to the Court's April 3, 2012 Order, any such motion to dismiss must be filed no later than May 11, 2012. Any party, by motion, may subsequently seek to modify or vacate this stipulation. ENDORSEMENT: Denied. Sufficient onto the day. We'll discuss schedule at the appropriate time. So ordered.(Signed by Judge Katherine B. Forrest on 5/11/2012) (js) (Entered: 05/11/2012)

    05/11/2012 113 NOTICE OF APPEARANCE by Jackie Adeline Lu on behalf of APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani (Lu, Jackie) (Entered: 05/11/2012)

    05/11/2012 114 MOTION to Dismiss with Prejudice. Document filed by APAX Partners Europe I Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation,

    Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani.(Lu, Jackie) (Entered: 05/11/2012)

    05/11/2012 115 MEMORANDUM OF LAW in Support re: 114 MOTION to Dismiss with Prejudice .. Document filed by APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani. (Lu, Jackie) (Entered: 05/11/2012)

    05/11/2012 116 DECLARATION of Andrew W. Stern in Support re: 114 MOTION to Dismiss with Prejudice.. Document filed by APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani. (Attachments: # 1 Exhibit A to G)(Lu, Jackie) (Entered: 05/11/2012)

    05/18/2012 117 MEMORANDUM OF LAW in Opposition re: 114 MOTION to Dismiss with Prejudice.. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Fredericks, William) (Entered: 05/18/2012)

    05/18/2012 118 DECLARATION of William C. Fredericks in Opposition re: 114 MOTION to Dismiss with Prejudice.. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fredericks, William) (Entered: 05/18/2012)

    05/30/2012 119 NOTICE of of Supplemental Authority in Further Support of Lead Plaintiff's Opposition to Defendants' Motion to Dismiss re: 114 MOTION to Dismiss with Prejudice.. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Attachments: # 1 Exhibit A)(Fredericks, William) (Entered: 05/30/2012)

    05/31/2012 120 RESPONSE re: 119 Notice (Other), Notice (Other) to Plaintiff's Notice of Supplemental Authority . Document filed by APAX Partners Europe Managers Ltd, Apax Partners, L.P., G A Fitch, Robert C Hagerty, Intel Corporation, Nancy L Knowlton, David A Martin, Michael J Mueller, Salim Nathoo, Smart Technologies, Inc., Arvind Sodhani. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Stern, Andrew) (Entered: 05/31/2012)

    06/05/2012 121 REPLY re: 120 Response,. Document filed by City of Miami General Employees' and Sanitation Employees' Retirement Trust. (Fredericks, William) (Entered: 06/05/2012)

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