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

US District Court Civil Docket as of October 30, 2017 Retrieved from the court on October 30, 2017

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

CIVIL DOCKET FOR CASE #: 1:15-cv-04010-LGS

Stephen Calfo and Janez Demsar, Individually and on Behalf of All Others Similarly Situated v. Messina, Sr., et al Assigned to: Judge Lorna G. Schofield Case in other court: New York Eastern, 2:15-cv-01070Cause: 12:22 Securities Fraud

Date Filed: 05/26/2015 Date Terminated: 10/30/2017 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Lead Plaintiff Stephen Calfo represented by Jeremy Alan Lieberman

Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY 10016 (212)-661-1100 Fax: (212)-661-8665 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Justin Solomon Nematzadeh Pomerantz LLP (NYC) 600 Third Avenue, 20th Floor New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Phillip Kim Rosen Law Firm, P.A. P.C. 275 Madison Avenue Suite 3400 New York, NY 10116 212-686-1060 Fax: 212-202-3827 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Erica Lauren Stone

The Rosen Law Firm, P.A. 275 Madison Avenue 34th Floor New York, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: [email protected] ATTORNEY TO BE NOTICED Gonen Haklay The Rosen Law Firm, P.A. 101 Greenwood Avenue, Suite 440 Jenkintown, PA 19046 (215)-600-2817 Email: [email protected] ATTORNEY TO BE NOTICED Jacob A Goldberg The Rosen Law Firm, P.A. 101 Greenwood Avenue, Ste 203 Jenkintown, PA 19046 (215) 600- 2817 Fax: (212) 686-1060 Email: [email protected] ATTORNEY TO BE NOTICED Marc Ian Gross Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY 10016 (212)661-1100 Fax: (212) 661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Lead Plaintiff Janez Demsar represented by Jeremy Alan Lieberman

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Justin Solomon Nematzadeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gonen Haklay (See above for address) ATTORNEY TO BE NOTICED

Jacob A Goldberg (See above for address) ATTORNEY TO BE NOTICED Marc Ian Gross (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Weiyong Li Individually and on Behalf of All Others Similarly Situated TERMINATED: 08/17/2015

represented by Laurence Matthew Rosen The Rosen Law Firm, P.A. (NYC) 275 Madison Avenue, 34th Floor New York,, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Phillip Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Koon-Pon Chan The Rosen Law Firm, P.A. 275 Madison Avenue 34th Floor New York, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Movant Michael Thompson represented by Adam M. Apton

Levi & Korsinsky LLP (DC) 1101 30th, Street, NW Washington, DC 20007 202-524-4290 Fax: 202-333-2121 Email: [email protected] ATTORNEY TO BE NOTICED

Movant Rocco D'Antonio represented by Brian C. Kerr

Brower Piven, A Professional

Corporation 488 Madison Avenue, Eight Floor New York, NY xxxxx (212) 501-9000 Fax: (212) 501-0300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant John P. Messina, Sr. represented by Justin A. Greenblum

Carter Ledyard & Milburn LLP Two Wall Street New York, NY 10005 212-238-8833 Fax: 212-732-3232 Email: [email protected] TERMINATED: 08/07/2015 LEAD ATTORNEY Michael Fred Bachner Bachner & Associates, P.C. 26 Broadway Suite 2310 New York, NY 10004 (212) 344-7778 Fax: (212) 344-7774 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Howard S. Weiner Law Offices of Howard Weiner 45 Broadway 30th Floor New York, NY 10006 (212)-809-4500 Fax: (212)-509-4503 Email: [email protected] Robert J. Zito Carter Ledyard & Milburn, LLP Two Wall Street New York, NY 10005 212-732-3200 Fax: 212-732-3232 Email: [email protected] TERMINATED: 08/07/2015

Scott James Splittgerber Bachner & Associates, P.C. 26 Broadway Suite 2310 New York, NY 10004 (212)-344-7778 Fax: (212) 344-7774 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant Michael J. Golde represented by James P. Smith , III

Dewey & LeBoeuf, L.L.P.(NYC) 1301 Avenue of the Americas New York, NY 10019 (212) 259-8000 Fax: (212) 259-6333 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Justin A. Greenblum (See above for address) TERMINATED: 07/24/2015 LEAD ATTORNEY Robert J. Zito (See above for address) TERMINATED: 07/24/2015

Defendant Joseph Cassera TERMINATED: 07/05/2016

represented by Marc Antony Agnifilo Brafman & Associates, P.C. 767 Third Avenue New York, NY 10017 (212) 750-7800 Fax: (212) 750-3906 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrea Lynn Zellan Brafman & Associates, P.C. 767 Third Avenue New York, NY 10017 212-750-7800 Fax: 212-750-3906 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant Robert Cassera represented by Marc Antony Agnifilo

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrea Lynn Zellan (See above for address) ATTORNEY TO BE NOTICED

Defendant James Altucher TERMINATED: 07/05/2016

represented by Benjamin Stuart Britz Hughes Hubbard & Reed LLP (DC) 1775 I Street, N.W., Suite 600 Washington, DC 20006 (202)-721-4772 Fax: (202)-721-4646 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Justin A. Greenblum (See above for address) TERMINATED: 09/16/2015 LEAD ATTORNEY Nicolas Swerdloff Hughes Hubbard & Reed LLP (NY) One Battery Park Plaza New York, NY 10004 3053581666 Fax: 3053718759 Email: [email protected] ATTORNEY TO BE NOTICED Robert J. Zito (See above for address) TERMINATED: 09/16/2015

Defendant James Foley TERMINATED: 07/11/2016

represented by Jonathan Craig Uretsky Phillipson & Uretsky, LLP 111 Broadway, 8th Floor New York, NY 10006 (212)-571-1164 Fax: (212)-571-1167 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED Jonathan C. Uretsky Phillipson & Uretsky, LLP 111 Broadway 8th Floor New York, NY 10006 212-571-1255 Fax: 212-571-1167 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant Karen Amato TERMINATED: 07/05/2016

represented by Benjamin Stuart Britz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicolas Swerdloff (See above for address) ATTORNEY TO BE NOTICED

Defendant Thomas J. Clarke, Jr. TERMINATED: 07/05/2016


Defendant Larry Melby TERMINATED: 07/05/2016


Defendant Sylvan Holzer TERMINATED: 02/23/2016

represented by Benjamin Stuart Britz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicolas Swerdloff

(See above for address) ATTORNEY TO BE NOTICED

Defendant Corporate Resource Services, Inc. TERMINATED: 08/17/2015

represented by Justin A. Greenblum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J. Zito (See above for address) ATTORNEY TO BE NOTICED

Defendant Jay H Schecter TERMINATED: 07/05/2016

represented by Leonard Alan Benowich Benowich Law, LLP 1025 Westchester Avenue White Plains, NY 10604 914-946-2400 Fax: 914-946-9474 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant Scott Schecter TERMINATED: 07/05/2016

represented by Courtney Janae Peterson Bryan Cave LLP (NY) 1290 Avenue of Americas New York, NY 10104 (212)-541-3187 Fax: (212) 541-1487 Email: [email protected] ATTORNEY TO BE NOTICED Daniel Philip Waxman Bryan Cave LLP (NY) 1290 Avenue of Americas New York, NY 10104 (212)-541-2040 Fax: (212)-541-1339 Email: [email protected] ATTORNEY TO BE NOTICED Eric Rieder Bryan Cave LLP (NY) 1290 Avenue of Americas New York, NY 10104 (212)-541-2057 Fax: (212)-541-4630

Email: [email protected] ATTORNEY TO BE NOTICED

Interested Party Crowe Horwath LLP represented by Kevin Michael McDonough

Latham & Watkins LLP (NY) 885 Third Avenue New York, NY 10022 (212)-906-1246 Fax: 212 751-4864 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas James Giblin Latham & Watkins LLP 885 Third Avenue, Suite 1000 New York, NY 10022 (212) 906-1665 Fax: (212) 751-4864 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed # Docket Text

03/02/2015 1 COMPLAINT against John P. Messina, Sr, Michael J. Golde, Joseph Cassera, Robert Cassera, James Altucher, James Foley, Karen Amato, Thomas J. Clarke, Jr, Larry Melby, Sylvan Holzer, Corporate Resource Services, Inc. filing fee $ 400, receipt number 0207-7559974 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Weiyong Li. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Chan, Kevin) Modified on 3/4/2015 (McMahon, Carol). [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/02/2015)

03/04/2015 Proposed summonses are rejected; the section that reads "To: (Defendant's name and address)" has not be completed; the Clerk's Office can not issue the summonses. Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (McMahon, Carol) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/04/2015)

03/04/2015 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (McMahon, Carol) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/04/2015)

03/04/2015 Case Assigned to Judge Joan M. Azrack and Magistrate Judge A. Kathleen Tomlinson. (McMahon, Carol) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/04/2015)

03/04/2015 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment.

Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/04/2015)

03/04/2015 4 Proposed Summons. Re 1 Complaint, by Weiyong Li (Chan, Kevin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/04/2015)

03/11/2015 5 Summons Issued as to All Defendants. (Bollbach, Jean) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/11/2015)

03/11/2015 6 SUMMONS Returned Executed by Weiyong Li. Corporate Resource Services, Inc. served on 3/11/2015, answer due 4/1/2015. (Kim, Phillip) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/11/2015)

03/27/2015 7 MOTION for Refund of Fees Paid Electronically by Weiyong Li. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Chan, Kevin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/27/2015)

03/31/2015 8 7 Application for Refund of Fees Paid Electronically. Approved by Cinthia L. Mahon, Administrative Specialist on 3/31/2015. c/m by cm/ecf. (Mahon, Cinthia) [Transferred from New York Eastern on 5/26/2015.] (Entered: 03/31/2015)

04/01/2015 9 Consent MOTION for Extension of Time to File Answer /Respond to the Complaint by Corporate Resource Services, Inc.. (Greenblum, Justin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 04/01/2015)

04/03/2015 11 STIPULATION AND ORDER granting 9 Motion for Extension of Time to Answer/Respond to the Complaint. Corporate Resource Services, Inc. answer due 5/1/2015. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/3/2015. (Ryan, Mary) [Transferred from New York Eastern on 5/26/2015.] (Entered: 04/06/2015)

04/06/2015 10 SCHEDULING ORDER: Initial Conference set for May 13, 2015 at 2 p.m. before Magistrate Judge A. Kathleen Tomlinson. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/6/2015. (Kandel, Erin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 04/06/2015)

04/30/2015 12 Consent MOTION for Extension of Time to File Answer /Respond to the Complaint, Staying Discovery and Adjourning Conference by Corporate Resource Services, Inc.. (Greenblum, Justin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 04/30/2015)

05/01/2015 13 MOTION to Appoint Counsel by Michael Thompson. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Proposed Order) (Apton, Adam) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 14 MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff by Stephen Calfo. (Attachments: # 1 Proposed Order) (Kim, Phillip) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 15 MEMORANDUM in Support re 14 MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff filed by Stephen Calfo. (Kim, Phillip) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 16 AFFIDAVIT/DECLARATION in Support re 14 MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff filed by Stephen Calfo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Kim, Phillip) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 17 MOTION to Appoint Counsel and for the Appointment of Rocco D'Antonio as Lead Plaintiff and for the Approval of his Choice of Lead Counsel by Rocco D'Antonio. (Attachments: # 1 Proposed Order) (Kerr, Brian) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 18 MEMORANDUM in Support re 17 MOTION to Appoint Counsel and for the Appointment of Rocco D'Antonio as Lead Plaintiff and for the Approval of his Choice of Lead Counsel filed by Rocco D'Antonio. (Kerr, Brian) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 19 AFFIDAVIT/DECLARATION in Support re 17 MOTION to Appoint Counsel and for the Appointment of Rocco D'Antonio as Lead Plaintiff and for the Approval of his Choice of Lead Counsel filed by Rocco D'Antonio. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Kerr, Brian) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 20 MOTION to Appoint Counsel MOTION BY STEPHEN CALFO AND JANEZ DEMSAR FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL by Stephen Calfo, Janez Demsar. (Attachments: # 1 Proposed Order) (Lieberman, Jeremy) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 21 MEMORANDUM in Support re 20 MOTION to Appoint Counsel MOTION BY STEPHEN CALFO AND JANEZ DEMSAR FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/01/2015 22 AFFIDAVIT/DECLARATION in Support re 20 MOTION to Appoint Counsel MOTION BY STEPHEN CALFO AND JANEZ DEMSAR FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Certifications, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Firm Resume) (Lieberman, Jeremy) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/01/2015)

05/04/2015 23 NOTICE by Stephen Calfo re 14 MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff Notice of Withdrawal of Motion (Kim, Phillip) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/04/2015)

05/05/2015 24 RESPONSE to Motion re 13 MOTION to Appoint Counsel filed by Michael Thompson. (Apton, Adam) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/05/2015)

05/05/2015 26 ORDER granting in part and denying in part 12 Consent Motion for Extension of Time to Answer/Respond to the Complaint, Staying Discovery and Adjourning Conference. The Court is denying without prejudice the motion for a stay of all discovery in light of the fact that no motion to dismiss has yet been filed. Counsel may renew the request for a stay if and when such motion is filed. Further, counsel are directed to contact the Court within three days of Judge Azrack's designation of lead counsel to arrange for an in-person conference with the Court. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/5/2015. (Ryan, Mary) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/06/2015)

05/06/2015 25 NOTICE OF WITHDRAWAL OF MOTION 17 MOTION to Appoint Counsel and for the Appointment of Rocco D'Antonio as Lead Plaintiff and for the Approval of his Choice of Lead Counsel, by Rocco D'Antonio (Kerr, Brian) Modified on 5/7/2015 (Ortiz, Grisel). [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/06/2015)

05/08/2015 27 NOTICE of Change of Firm Name and Address by Jeremy Alan Lieberman (Lieberman, Jeremy) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/08/2015)

05/08/2015 28 ORDER OF RECUSAL: Judge Joan M. Azrack recused. Case randomly reassigned to Judge Sandra J. Feuerstein for all further proceedings. Ordered by Judge Joan M. Azrack on 5/8/2015. c/m by cm/ecf. (Mahon, Cinthia) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/08/2015)

05/14/2015 29 Letter MOTION to Change Venue to the Southern District of New York pursuant to 28 U.S.C. Section 1404 (a) by Corporate Resource Services, Inc.. (Greenblum, Justin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/14/2015)

05/15/2015 30 REPLY in Support re 20 MOTION to Appoint Counsel MOTION BY STEPHEN CALFO AND JANEZ DEMSAR FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/15/2015)

05/15/2015 31 NOTICE of Appearance by Jonathan C. Uretsky on behalf of James Foley (aty to be noticed) (Uretsky, Jonathan) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/15/2015)

05/19/2015 32 NOTICE of Appearance by Justin A. Greenblum on behalf of James Altucher, Corporate Resource Services, Inc., Michael J. Golde, John P. Messina, Sr (aty to be noticed) (Greenblum, Justin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/19/2015)

05/19/2015 33 NOTICE of Appearance by Robert J. Zito on behalf of James Altucher, Corporate Resource Services, Inc., Michael J. Golde, John P. Messina, Sr (aty to be noticed) (Zito, Robert) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/19/2015)

05/19/2015 34 STIPULATION and Proposed Order to Transfer Venue by James Altucher, Corporate Resource Services, Inc., Michael J. Golde, John P. Messina, Sr (Greenblum, Justin) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/19/2015)

05/22/2015 35 STIPULATION AND ORDER: SO ORDERED that the Clerk of the Court is respectfully directed to transfer this case to the Southern District of New York. Ordered by Judge Sandra J. Feuerstein on 5/22/2015. (Florio, Lisa) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/26/2015)

05/22/2015 Case transferred to District of Southern District of New York. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Florio, Lisa) [Transferred from New York Eastern on 5/26/2015.] (Entered: 05/26/2015)

05/26/2015 36 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:15-cv-01070. Original file certified copy of transfer order and docket entries received. (sjo) (Entered: 05/26/2015)

05/26/2015 Magistrate Judge Sarah Netburn is so designated. (sjo) (Entered: 05/26/2015)

05/26/2015 Case Designated ECF. (sjo) (Entered: 05/26/2015)

05/26/2015 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. (sjo) (Entered: 05/26/2015)

05/29/2015 37 ORDER: Initial Conference set for 6/23/2015 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/29/2015) (kgo) (Entered: 05/29/2015)

05/29/2015 38 ORDER: It is hereby ORDERED that Calfo and Demsar are appointed as Lead Plaintiffs in this action. It is further ORDERED that Calfo and Demsar's chosen counsel, Pomerantz LLP, is appointed as Lead Counsel. The Clerk of the Court is respectfully directed to amend the caption on the docket sheet to replace the name of the Plaintiff with: "Stephen Calfo and Janez Demsar, Individually and on Behalf of All Others Similarly Situated." These two individuals shall also be listed on the docket as "Lead Plaintiff" with Pomerantz LLP listed as their counsel. The parties shall use the amended caption on all future filings. (Signed by Judge Lorna G. Schofield on 5/29/2015) (kgo) (Entered: 05/29/2015)

06/03/2015 39 ORDER: Initial Conference set for 7/14/2015 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/3/2015) (kgo) (Entered: 06/03/2015)

06/11/2015 40 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Benjamin S. Britz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11021801. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby. (Attachments: # 1 Text of Proposed Order Proposed order, # 2 Exhibit Certificate of

Good Standing DC, # 3 Exhibit Certificate of Good Standing MI)(Britz, Benjamin) Modified on 6/11/2015 (wb). (Entered: 06/11/2015)

06/11/2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 40 MOTION for Benjamin S. Britz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11021801. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Certificate of Good Standing Must be issued from the Supreme Cort of Michigan;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 06/11/2015)

06/17/2015 41 MOTION for Benjamin S. Britz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby. (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing DC, # 3 Certificate of Good Standing MI)(Britz, Benjamin) (Entered: 06/17/2015)

06/18/2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 41 MOTION for Benjamin S. Britz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 06/18/2015)

06/25/2015 42 ORDER granting 41 Motion for Benjamin S. Britz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 06/25/2015)

06/25/2015 43 NOTICE OF APPEARANCE by Justin Solomon Nematzadeh on behalf of Stephen Calfo, Janez Demsar. (Nematzadeh, Justin) (Entered: 06/25/2015)

06/29/2015 44 NOTICE OF CHANGE OF ADDRESS by Justin Solomon Nematzadeh on behalf of Stephen Calfo, Janez Demsar. New Address: Pomerantz LLP, 600 Third Avenue, 20th Floor, New York, New York, USA 10016, 212-661-1100. (Nematzadeh, Justin) (Entered: 06/29/2015)

07/06/2015 45 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman dated July 6, 2015. Document filed by Stephen Calfo, Janez Demsar.(Lieberman, Jeremy) (Entered: 07/06/2015)

07/08/2015 46 ORDER granting 45 Letter Motion to Adjourn Conference: Application GRANTED. The initial pretrial conference scheduled for July 14, 2015, is adjourned sine die. The parties shall appear for a status conference on August 25, 2015, at 10:50 a.m. (Status Conference set for 8/25/2015 at 10:50 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 07/08/2015)

07/09/2015 47 NOTICE OF APPEARANCE by Marc Antony Agnifilo on behalf of Joseph Cassera. (Agnifilo, Marc) (Entered: 07/09/2015)

07/09/2015 48 NOTICE OF APPEARANCE by Marc Antony Agnifilo on behalf of Robert Cassera. (Agnifilo, Marc) (Entered: 07/09/2015)

07/10/2015 49 SUMMONS RETURNED EXECUTED. Robert Cassera served on 7/1/2015, answer due 7/22/2015. Service was accepted by Robert Cassera. Document filed by Weiyong Li. (Kim, Phillip) (Entered: 07/10/2015)

07/24/2015 50 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Michael J. Golde substitutes James P. Smith, III as counsel of record in place of Justin A. Greenblum and Robert J. Zito. (As further set forth in this Order.) The attached affidavit shall be filed with this Order. Attorney James P. Smith, III for Michael J. Golde added. Attorney Justin A. Greenblum and Robert J. Zito terminated. (Signed by Judge Lorna G. Schofield on 7/24/2015) (kgo) (Entered: 07/27/2015)

08/07/2015 51 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: John P. Messina, Sr. substitutes Michael F. Bachner, as counsel of record in place of JUntin A. Greenblum and Robert J. Zito. The attached affidavit shall be filed with this Order. Attorney Michael Fred Bachner for John P. Messina, Sr added. Attorney Justin A. Greenblum and Robert J. Zito terminated. (Signed by Judge Lorna G. Schofield on 8/7/2015) (tro) (Entered: 08/07/2015)

08/07/2015 52 SUGGESTION OF BANKRUPTCY upon the record as to Corporate Resource Services, Inc. . Document filed by Corporate Resource Services, Inc.(Zito, Robert) (Entered: 08/07/2015)

08/13/2015 53 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending 1 Complaint,, against James Altucher, Karen Amato, Joseph Cassera, Robert Cassera, Thomas J. Clarke, Jr, James Foley, Michael J. Golde, Sylvan Holzer, Larry Melby, John P. Messina, Sr, Michael Thompson, Jay H Schecter, Scott Schecter with JURY DEMAND.Document filed by Janez Demsar, Stephen Calfo. Related document: 1 Complaint,, filed by Weiyong Li.(Lieberman, Jeremy) Modified on 8/14/2015 (moh). (Entered: 08/13/2015)

08/14/2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeremy Lieberman to RE-FILE Document No. 53 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. 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. (moh) (Entered: 08/14/2015)

08/14/2015 54 AMENDED COMPLAINT amending 53 Amended Complaint,, 1 Complaint,, against James Altucher, Karen Amato, Joseph Cassera, Robert Cassera, Thomas J. Clarke, Jr, James Foley, Michael J. Golde, Sylvan Holzer, Larry Melby, John P. Messina, Sr, Jay H Schecter, Scott Schecter with JURY DEMAND.Document filed by Janez Demsar, Stephen Calfo. Related document: 53 Amended Complaint,, filed by Janez Demsar, Stephen Calfo, 1 Complaint,, filed by Weiyong Li.(Lieberman, Jeremy) (Entered: 08/14/2015)

08/17/2015 55 NOTICE OF APPEARANCE by Scott James Splittgerber on behalf of John P. Messina, Sr. (Splittgerber, Scott) (Entered: 08/17/2015)

08/17/2015 56 REQUEST FOR ISSUANCE OF SUMMONS as to Jay H. Schecter, re: 54 Amended Complaint,. Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 08/17/2015)

08/17/2015 57 REQUEST FOR ISSUANCE OF SUMMONS as to Scott Schecter, re: 54 Amended Complaint,. Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 08/17/2015)

08/17/2015 58 SUMMONS RETURNED EXECUTED. Joseph Cassera served on 7/9/2015, answer due 7/30/2015. Service was accepted by Joseph Cassera. Document filed by Weiyong Li. (Kim, Phillip) (Entered: 08/17/2015)

08/18/2015 59 ELECTRONIC SUMMONS ISSUED as to Jay H Schecter. (moh) (Entered: 08/18/2015)

08/18/2015 60 ELECTRONIC SUMMONS ISSUED as to Scott Schecter. (moh) (Entered: 08/18/2015)

08/24/2015 61 MEMO ENDORSEMENT on PROPOSED STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL. ENDORSEMENT: Application DENIED without prejudice to renewal. The above-referenced declaration was not included with this proposed order. Any renewed application shall (1) include the declaration required by Local Rule 1.4; and (2) state the name(s) of the proposed attorney(s) of record from Hughes Hubbard & Reed LLP, and whether each attorney is admitted to practice in this District. If no proposed attorney of record from Hughes Hubbard is admitted to practice in this District, then incoming counsel shall move for admission pro hac vice before or at the time that any renewed application for substitution of counsel is submitted to the Court. (Signed by Judge Lorna G. Schofield on 8/24/2015) (kgo) Modified on 8/26/2015 (kgo). (Entered: 08/24/2015)

08/24/2015 62 NOTICE OF APPEARANCE by Andrea Lynn Zellan on behalf of Joseph Cassera. (Zellan, Andrea) (Entered: 08/24/2015)

08/24/2015 63 NOTICE OF APPEARANCE by Andrea Lynn Zellan on behalf of Robert Cassera. (Zellan, Andrea) (Entered: 08/24/2015)

08/24/2015 64 NOTICE OF APPEARANCE by Benjamin Stuart Britz on behalf of Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby. (Britz, Benjamin) (Entered: 08/24/2015)

08/24/2015 65 NOTICE OF APPEARANCE by Nicolas Swerdloff on behalf of Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby. (Swerdloff, Nicolas) (Entered: 08/24/2015)

08/24/2015 66 NOTICE OF APPEARANCE by Erica Lauren Stone on behalf of Stephen Calfo. (Stone, Erica) (Entered: 08/24/2015)

08/25/2015 67 ORDER: WHEREAS, a conference was held on August 25, 2015; for the reasons stated at the conference, it is hereby ORDERED that, by August 28, 2015, the parties shall file a proposed order setting a briefing schedule and page limitations for the contemplated motions to dismiss. The parties shall also email a copy of the proposed order in Word format to Chambers. (Signed by Judge Lorna G. Schofield on 8/25/2015) (kgo) (Entered: 08/25/2015)

08/25/2015 Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 8/25/2015. (Court Reporter Tara Jones) (jcs) (Entered: 09/10/2015)

09/01/2015 68 STIPULATION SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTIONS TO DISMISS THE AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS: IT IS HEREBY STIPULATED AND AGREED: By October 12, 2015, All Defendants named in the Amended Complaint, except for Jay H. Scheeter and Scott Scheeter will file their motions to dismiss. By December 11, 2015, Plaintiffs will file their opposition, and by January 18, 2016, Defendants will file their reply. (As further set forth in this Order.) (Motions due by 10/12/2015., Responses due by 12/11/2015, Replies due by 1/18/2016.) (Signed by Judge Lorna G. Schofield on 9/1/2015) (kgo) (Entered: 09/01/2015)

09/16/2015 69 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4 of the United States District Courts for the Southern and Eastern Districts of New York, that the law firm of Hughes Hubbard & Reed LLP hereby is substituted in place of the law firm of Carter Ledyard & Milburn LLP as counsel of record for defendant James Altucher in the above-captioned action. (As further set forth in this Order.) Attorney Benjamin Stuart Britz for James Altucher added. Attorney Justin A. Greenblum and Robert J. Zito terminated. (Signed by Judge Lorna G. Schofield on 9/16/2015) (kgo) (Entered: 09/16/2015)

09/30/2015 70 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Jay H Schecter served on 9/14/2015, answer due 10/5/2015. Service was accepted by Co-Occupant. Document filed by Janez Demsar; Stephen Calfo. (Lieberman, Jeremy) (Entered: 09/30/2015)

09/30/2015 71 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Scott Schecter served on 9/11/2015, answer due 10/2/2015. Service was accepted by Co-Occupant. Document filed by Janez Demsar; Stephen Calfo. (Lieberman, Jeremy) (Entered: 09/30/2015)

10/02/2015 72 NOTICE OF APPEARANCE by Daniel Philip Waxman on behalf of Scott Schecter. (Waxman, Daniel) (Entered: 10/02/2015)

10/02/2015 73 NOTICE OF APPEARANCE by Eric Rieder on behalf of Scott Schecter. (Rieder, Eric) (Entered: 10/02/2015)

10/02/2015 74 NOTICE OF APPEARANCE by Courtney Janae Peterson on behalf of Scott Schecter. (Peterson, Courtney) (Entered: 10/02/2015)

10/05/2015 75 LETTER MOTION for Extension of Time to File /Reset Briefing Schedule addressed to Judge Lorna G. Schofield from Defendants dated October 5, 2015. Document filed by James Altucher, Karen Amato, Joseph Cassera, Robert Cassera, Thomas J. Clarke, Jr, James Foley, Michael J. Golde, Sylvan Holzer, Larry Melby, John P. Messina, Sr, Scott Schecter.(Britz, Benjamin) (Entered: 10/05/2015)

10/05/2015 76 ORDER granting 75 Letter Motion for Extension of Time to File/ResetBriefing Schedule. It is hereby ORDERED that Defendants shall file their motions to dismiss and any supporting memoranda of law by October 30, 2015. Each separately

represented defendant or group of defendants may file a memorandum of law in support of his or its motion to dismiss, but shall exercise their best efforts not to repeat substantially similar arguments in their memoranda of law. The page division among the memoranda is within Defendants' discretion but is limited in total to 55 pages. It is further ORDERED that Plaintiffs shall file their omnibus opposition to Defendants' motions to dismiss by January 18, 2016, including a supporting memorandum of law that is limited to 45 pages; ORDERED that Defendants shall file their reply memorandum or memoranda of law in further support of their motions to dismiss by February 16, 2016. Defendants shall exercise their best efforts not to repeat substantially similar arguments in their memoranda of law. The page division among the memoranda is within Defendants' discretion but is limited in total to 20 pages. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/5/2015) (kgo) (Entered: 10/06/2015)

10/05/2015 Set/Reset Deadlines: Motions due by 10/30/2015. Responses due by 1/18/2016 Replies due by 2/16/2016. (kgo) (Entered: 10/06/2015)

10/07/2015 77 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Janez Demsar, Stephen Calfo. (Lieberman, Jeremy) (Entered: 10/07/2015)

10/08/2015 78 NOTICE OF APPEARANCE by Leonard Alan Benowich on behalf of Jay H Schecter. (Benowich, Leonard) (Entered: 10/08/2015)

10/12/2015 79 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Eric Rieder dated 10.12.15. Document filed by Scott Schecter.(Rieder, Eric) (Entered: 10/12/2015)

10/13/2015 80 ORDER granting in part 79 Letter Motion for Leave to File Excess Pages: Application granted in part. Defendants' aggregate page limit for moving briefs is increased to 60 pages. Defendants' aggregate page limit for reply briefs is increased to 22 pages. The page limit for Plaintiffs' omnibus opposition is increased to 52 pages. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 10/13/2015)

10/30/2015 81 MOTION to Dismiss . Document filed by Jay H Schecter. Responses due by 1/18/2016 Return Date set for 2/16/2016 at 09:30 AM.(Benowich, Leonard) (Entered: 10/30/2015)

10/30/2015 82 MEMORANDUM OF LAW in Support re: 81 MOTION to Dismiss . . Document filed by Jay H Schecter. (Benowich, Leonard) (Entered: 10/30/2015)

10/30/2015 83 MOTION to Dismiss Amended Complaint pursuant to Fed. R. Civ. P. 9(b), 12(b)(6), and the Private Securities Litigation Reform Act. Document filed by Michael J. Golde. Responses due by 1/18/2016(Smith, James) (Entered: 10/30/2015)

10/30/2015 84 MEMORANDUM OF LAW in Support re: 83 MOTION to Dismiss Amended Complaint pursuant to Fed. R. Civ. P. 9(b), 12(b)(6), and the Private Securities Litigation Reform Act. . Document filed by Michael J. Golde. (Smith, James) (Entered: 10/30/2015)

10/30/2015 85 MOTION to Dismiss Amended Complaint. Document filed by James Foley.(Uretsky, Jonathan) (Entered: 10/30/2015)

10/30/2015 86 MEMORANDUM OF LAW in Support re: 85 MOTION to Dismiss Amended Complaint. . Document filed by James Foley. (Uretsky, Jonathan) (Entered: 10/30/2015)

10/30/2015 87 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Amended Complaint. Document filed by Joseph Cassera, Robert Cassera. (Attachments: # 1 Memorandum of Law)(Agnifilo, Marc) Modified on 11/2/2015 (db). (Entered: 10/30/2015)

10/30/2015 88 MOTION to Dismiss . Document filed by Scott Schecter. Responses due by 1/18/2016(Rieder, Eric) (Entered: 10/30/2015)

10/30/2015 89 MEMORANDUM OF LAW in Support re: 88 MOTION to Dismiss . . Document filed by Scott Schecter. (Rieder, Eric) (Entered: 10/30/2015)

10/30/2015 90 MOTION to Dismiss the Amended Complaint. Document filed by James Altucher, Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby.(Swerdloff, Nicolas) (Entered: 10/30/2015)

10/30/2015 91 MEMORANDUM OF LAW in Support re: 90 MOTION to Dismiss the Amended Complaint. . Document filed by James Altucher, Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby. (Swerdloff, Nicolas) (Entered: 10/30/2015)

10/30/2015 92 DECLARATION of Nicolas Swerdloff in Support re: 90 MOTION to Dismiss the Amended Complaint.. Document filed by James Altucher, Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Swerdloff, Nicolas) (Entered: 10/30/2015)

10/30/2015 93 MOTION to Dismiss Amended Complaint. Document filed by John P. Messina, Sr.(Splittgerber, Scott) (Entered: 10/30/2015)

10/30/2015 94 MEMORANDUM OF LAW in Support re: 93 MOTION to Dismiss Amended Complaint. . Document filed by John P. Messina, Sr. (Splittgerber, Scott) (Entered: 10/30/2015)

11/02/2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Marc Antony Agnifilo to RE-FILE Document 87 MOTION to Dismiss Amended Complaint. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) (Entered: 11/02/2015)

11/02/2015 95 MOTION to Dismiss Amended Complaint. Document filed by Joseph Cassera, Robert Cassera.(Agnifilo, Marc) (Entered: 11/02/2015)

11/02/2015 96 MEMORANDUM OF LAW in Support re: 95 MOTION to Dismiss Amended Complaint. . Document filed by Joseph Cassera, Robert Cassera. (Agnifilo, Marc) (Entered: 11/02/2015)

01/18/2016 97 MEMORANDUM OF LAW in Opposition re: 81 MOTION to Dismiss ., 95 MOTION to Dismiss Amended Complaint., 83 MOTION to Dismiss Amended Complaint pursuant to Fed. R. Civ. P. 9(b), 12(b)(6), and the Private Securities Litigation Reform Act., 88 MOTION to Dismiss ., 90 MOTION to Dismiss the Amended Complaint., 93 MOTION to Dismiss Amended Complaint., 85 MOTION

to Dismiss Amended Complaint. . Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 01/18/2016)

01/18/2016 98 DECLARATION of Justin S. Nematzadeh in Opposition re: 81 MOTION to Dismiss ., 83 MOTION to Dismiss Amended Complaint pursuant to Fed. R. Civ. P. 9(b), 12(b)(6), and the Private Securities Litigation Reform Act., 88 MOTION to Dismiss ., 90 MOTION to Dismiss the Amended Complaint., 93 MOTION to Dismiss Amended Complaint., 85 MOTION to Dismiss Amended Complaint., 95 MOTION to Dismiss Amended Complaint.. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Nematzadeh, Justin) (Entered: 01/18/2016)

02/16/2016 99 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #100) REPLY MEMORANDUM OF LAW in Support re: 95 MOTION to Dismiss Amended Complaint. . Document filed by Joseph Cassera, Robert Cassera. (Agnifilo, Marc) Modified on 2/16/2016 (lb). (Entered: 02/16/2016)

02/16/2016 100 REPLY MEMORANDUM OF LAW in Support re: 95 MOTION to Dismiss Amended Complaint. . Document filed by Joseph Cassera, Robert Cassera. (Agnifilo, Marc) (Entered: 02/16/2016)

02/16/2016 101 REPLY MEMORANDUM OF LAW in Support re: 81 MOTION to Dismiss . . Document filed by Jay H Schecter. (Benowich, Leonard) (Entered: 02/16/2016)

02/16/2016 102 REPLY AFFIDAVIT of Leonard Benowich in Support re: 81 MOTION to Dismiss .. Document filed by Jay H Schecter. (Attachments: # 1 Exhibit, # 2 Exhibit)(Benowich, Leonard) (Entered: 02/16/2016)

02/16/2016 103 REPLY MEMORANDUM OF LAW in Support re: 88 MOTION to Dismiss . /Defendant Scott Schecter's Reply Memorandum of Law in Further Support of his Motion to Dismiss the Amended Complaint. Document filed by Scott Schecter. (Rieder, Eric) (Entered: 02/16/2016)

02/16/2016 104 DECLARATION of Courtney J. Peterson in Support re: 88 MOTION to Dismiss .. Document filed by Scott Schecter. (Attachments: # 1 Exhibit 1 to Peterson's Declaration, # 2 Exhibit 2 to Peterson's Declaration)(Peterson, Courtney) (Entered: 02/16/2016)

02/16/2016 105 REPLY MEMORANDUM OF LAW in Support re: 93 MOTION to Dismiss Amended Complaint. . Document filed by John P. Messina, Sr. (Splittgerber, Scott) (Entered: 02/16/2016)

02/16/2016 106 REPLY MEMORANDUM OF LAW in Support re: 83 MOTION to Dismiss Amended Complaint pursuant to Fed. R. Civ. P. 9(b), 12(b)(6), and the Private Securities Litigation Reform Act. . Document filed by Michael J. Golde. (Smith, James) (Entered: 02/16/2016)

02/16/2016 107 REPLY MEMORANDUM OF LAW in Support re: 85 MOTION to Dismiss Amended Complaint. . Document filed by James Foley. (Uretsky, Jonathan) (Entered: 02/16/2016)

02/16/2016 108 REPLY MEMORANDUM OF LAW in Support re: 90 MOTION to Dismiss the Amended Complaint. . Document filed by James Altucher, Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby. (Swerdloff, Nicolas) (Entered: 02/16/2016)

02/16/2016 109 LETTER MOTION for Oral Argument addressed to Judge Lorna G. Schofield from Counsel for the Individual Defendants dated 2/16/2016. Document filed by James Altucher, Karen Amato, Thomas J. Clarke, Jr, Sylvan Holzer, Larry Melby.(Swerdloff, Nicolas) (Entered: 02/16/2016)

02/23/2016 110 JOINT STIPULATION AND ORDER OF DISMISSAL AS TO DEFENDANT SYLVAN HOLZER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel of record for Plaintiffs and Defendant SYLVAN HOLZER: 1. The above-captioned is hereby dismissed with prejudice as against Defendant SYLVAN HOLZER with respect to lead plaintiffs STEPHEN CALFO and JANEZ DEMSAR ("Plaintiffs") pursuant to Federal Rule of Civil Procedure 41(a)(2). 2. The above-captioned action is hereby dismissed without prejudice as against Defendant SYLVAN HOLZER with respect to any unnamed class members or other plaintiffs. (As further set forth in this Order.) (Sylvan Holzer terminated.) (Signed by Judge Lorna G. Schofield on 2/23/2016) (adc) (Entered: 02/23/2016)

05/06/2016 111 MOTION for Gonen Haklay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12273610. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Haklay, Gonen) (Entered: 05/06/2016)

05/06/2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 111 MOTION for Gonen Haklay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12273610. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 05/06/2016)

05/10/2016 112 ORDER granting 111 Motion for Gonen Haklay to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 05/10/2016)

07/05/2016 113 OPINION AND ORDER re: 81 MOTION to Dismiss . filed by Jay H Schecter, 95 MOTION to Dismiss Amended Complaint. filed by Joseph Cassera, Robert Cassera, 83 MOTION to Dismiss Amended Complaint pursuant to Fed. R. Civ. P. 9(b), 12(b)(6), and the Private Securities Litigation Reform Act. filed by Michael J. Golde, 109 LETTER MOTION for Oral Argument addressed to Judge Lorna G. Schofield from Counsel for the Individual Defendants dated 2/16/2016. filed by Sylvan Holzer, James Altucher, Karen Amato, Larry Melby, Thomas J. Clarke, Jr., 88 MOTION to Dismiss . filed by Scott Schecter, 90 MOTION to Dismiss the Amended Complaint. filed by Sylvan Holzer, James Altucher, Karen Amato, Larry Melby, Thomas J. Clarke, Jr., 93 MOTION to Dismiss Amended Complaint. filed by John P. Messina, Sr., 85 MOTION to Dismiss Amended Complaint. filed by James Foley. For the foregoing reasons, the motions to dismiss Defendants J. Cassera, J. Schecter, S. Schecter, Alutcher, Amato, Clarke, and Melby are GRANTED. The motions to dismiss Defendants R. Cassera, Messina, and Golde are DENIED. The Clerk of Court is directed to close Docket. Nos. 81, 83, 85, 88, 90, 93, 95, and 109. SO ORDERED. *** Party Joseph Cassera, Thomas J. Clarke, Jr, Larry Melby, Jay H Schecter, Scott Schecter, James Altucher and Karen Amato terminated. (Signed by Judge Lorna G. Schofield on 7/5/2016) (kgo) Modified on 7/5/2016 (kgo). (Entered: 07/05/2016)

07/05/2016 114 ORDER: Initial Conference set for 7/19/2016 at 11:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield, and as further set forth in this Order. (Signed by Judge Lorna G. Schofield on 7/5/2016) (rjm) (Entered: 07/06/2016)

07/08/2016 115 LETTER MOTION to Adjourn Conference (Initial Pretrial Conference) addressed to Judge Lorna G. Schofield from Scott Splittgerber dated 7/8/2016. Document filed by Robert Cassera, Michael J. Golde, John P. Messina, Sr.(Splittgerber, Scott) (Entered: 07/08/2016)

07/11/2016 116 ORDER granting 115 Letter Motion to Adjourn Conference. APPLICATION GRANTED. The Initial Conference, scheduled for July 19, 2016, is adjourned to August 30, 2016, at 11:00 a.m. The joint letter and proposed case management plan shall be filed by August 23, 2016. The Clerk of Court is directed to close the motion at Docket No. 115. Initial Conference set for 8/30/2016 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/11/2016) (kgo) (Entered: 07/11/2016)

07/11/2016 117 ORDER: It is hereby ORDERED that because the Complaint did not allege a primary violation against Defendant Foley, the § 20(a) claim against Defendant Foley is dismissed in addition to the Section 10b and Rule 10b-5 claim. It is further ORDERED that Defendant Foley's motion to dismiss is GRANTED, and he is terminated from the case. James Foley terminated. (Signed by Judge Lorna G. Schofield on 7/11/2016) (kgo) (Entered: 07/12/2016)

07/19/2016 118 LETTER MOTION for Extension of Time to Answer/Respond to Plaintiffs' Amended Complaint addressed to Judge Lorna G. Schofield from Marc Agnifilo dated 7-18-2016. Document filed by Robert Cassera.(Agnifilo, Marc) (Entered: 07/19/2016)

07/19/2016 119 ORDER granting 118 Letter Motion for Extension of Time. APPLICATION GRANTED. Defendants' time to answer or otherwise respond to Plaintiffs' Amended Complaint is extended to August 18, 2016. The Clerk of Court is directed to close the motion at Docket No. 118. (Signed by Judge Lorna G. Schofield on 7/19/2016) (kgo) (Entered: 07/20/2016)

07/19/2016 Set/Reset Deadlines: Robert Cassera answer due 8/18/2016; Michael J. Golde answer due 8/18/2016; John P. Messina, Sr answer due 8/18/2016. (kgo) (Entered: 07/20/2016)

08/12/2016 120 MOTION for Jacob A. Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12646653. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Goldberg, Jacob) (Entered: 08/12/2016)

08/12/2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 120 MOTION for Jacob A. Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12646653. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 08/12/2016)

08/16/2016 121 ORDER granting 120 Motion for Jacob A. Goldberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 08/16/2016)

08/18/2016 122 ANSWER to 54 Amended Complaint,. Document filed by Robert Cassera.(Agnifilo, Marc) (Entered: 08/18/2016)

08/18/2016 123 ANSWER to 54 Amended Complaint, with JURY DEMAND. Document filed by John P. Messina, Sr.(Splittgerber, Scott) (Entered: 08/18/2016)

08/18/2016 124 ANSWER to 54 Amended Complaint,. Document filed by Michael J. Golde.(Smith, James) (Entered: 08/18/2016)

08/23/2016 125 JOINT LETTER addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman, Scott J. Splittgerber, Andrea Zellan, and James P. Smith, III dated August 23, 2016 Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit A - Joint Proposed Civil Case Management Plan and Scheduling Order)(Lieberman, Jeremy) (Entered: 08/23/2016)

08/26/2016 126 ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for August 30, 2016 at 11:00 a.m., shall be rescheduled for August 30, 2016 at 10:25 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805-0288. SO ORDERED., ( Initial Conference set for 8/30/2016 at 10:25 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/26/2016) (ama) (Entered: 08/26/2016)

08/30/2016 127 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. The parties shall submit a status letter on October 14, 2016, and every 45 days thereafter. On March 28, 2017, at 10:30, a court conference shall be held. Case Management Conference and expert discovery deadlines shall be determined. Amended Pleadings due by 5/15/2017. Fact Discovery due by 6/30/2017. Status Conference set for 3/28/2016 at 10:30 AM before Judge Lorna G. Schofield. Counsel for the parties have conferred, and their present best estimate of the length of trial is 20 business days. (Signed by Judge Lorna G. Schofield on 8/30/2016) (kgo) (Entered: 08/30/2016)

08/30/2016 Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 8/30/2016. (jcs) (Entered: 09/07/2016)

09/21/2016 128 TRANSCRIPT of Proceedings re: Conference held on 8/30/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Linda Fisher, (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 10/17/2016. Redacted Transcript Deadline set for 10/27/2016. Release of Transcript Restriction set for 12/23/2016.(Siwik, Christine) (Entered: 09/21/2016)

09/21/2016 129 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/30/16 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...(Siwik, Christine) (Entered: 09/21/2016)

10/14/2016 130 STATUS REPORT. (Joint Status Report) Document filed by Stephen Calfo, Janez Demsar.(Haklay, Gonen) (Entered: 10/14/2016)

10/20/2016 131 NOTICE OF APPEARANCE by Marc Ian Gross on behalf of Stephen Calfo, Janez Demsar. (Gross, Marc) (Entered: 10/20/2016)

11/08/2016 132 MOTION to Certify Class ,, Appoint Class Representative., MOTION to Appoint Counsel Pomerantz LLP as Class Counsel. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Text of Proposed Order)(Gross, Marc) (Entered: 11/08/2016)

11/08/2016 133 MEMORANDUM OF LAW in Support re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz LLP as Class Counsel. . Document filed by Stephen Calfo, Janez Demsar. (Gross, Marc) (Entered: 11/08/2016)

11/08/2016 134 DECLARATION of Justin S. Nematzadeh in Support re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz LLP as Class Counsel.. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Nematzadeh, Justin) (Entered: 11/08/2016)

11/28/2016 135 STATUS REPORT. Document filed by Stephen Calfo, Janez Demsar.(Goldberg, Jacob) (Entered: 11/28/2016)

12/06/2016 136 NOTICE of Withdrawal of Attorney. Document filed by Rocco D'Antonio. (Kerr, Brian) (Entered: 12/06/2016)

01/12/2017 137 STATUS REPORT. Joint Status Report Document filed by Stephen Calfo, Janez Demsar.(Gross, Marc) (Entered: 01/12/2017)

01/13/2017 138 MEMORANDUM OF LAW in Opposition re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz LLP as Class Counsel. . Document filed by Robert Cassera. (Agnifilo, Marc) (Entered: 01/13/2017)

01/13/2017 139 MEMORANDUM OF LAW in Opposition re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz LLP as Class Counsel. . Document filed by John P. Messina, Sr. (Splittgerber, Scott) (Entered: 01/13/2017)

01/13/2017 140 MEMORANDUM OF LAW in Opposition re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz LLP as Class Counsel. . Document filed by Michael J. Golde. (Smith, James) (Entered: 01/13/2017)

01/13/2017 141 DECLARATION of James P. Smith III in Opposition re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz

LLP as Class Counsel.. Document filed by Michael J. Golde. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Smith, James) (Entered: 01/13/2017)

02/07/2017 142 LETTER addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman dated 02/06/2017 re: Joint Stipulation and proposed Protective Order. Document filed by Stephen Calfo, Janez Demsar.(Lieberman, Jeremy) (Entered: 02/07/2017)

02/07/2017 143 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 2/7/2017) (mro) (Entered: 02/08/2017)

02/21/2017 144 REPLY MEMORANDUM OF LAW in Support re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz LLP as Class Counsel. . Document filed by Stephen Calfo, Janez Demsar. (Gross, Marc) (Entered: 02/21/2017)

02/21/2017 145 DECLARATION of Justin S. Nematzadeh in Support re: 132 MOTION to Certify Class ,, Appoint Class Representative. MOTION to Appoint Counsel Pomerantz LLP as Class Counsel.. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Nematzadeh, Justin) (Entered: 02/21/2017)

02/27/2017 146 STATUS REPORT. Per Court Order dated August 30, 2016 Document filed by Stephen Calfo, Janez Demsar.(Gross, Marc) (Entered: 02/27/2017)

03/09/2017 147 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Jacob A. Goldberg dated 03/09/2017. Document filed by Stephen Calfo, Janez Demsar.(Goldberg, Jacob) (Entered: 03/09/2017)

03/10/2017 148 NOTICE OF APPEARANCE by Kevin Michael McDonough on behalf of Crowe Horwath LLP. (McDonough, Kevin) (Entered: 03/10/2017)

03/10/2017 149 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crowe Horwath LLP.(McDonough, Kevin) (Entered: 03/10/2017)

03/10/2017 150 NOTICE OF APPEARANCE by Thomas James Giblin on behalf of Crowe Horwath LLP. (Giblin, Thomas) (Entered: 03/10/2017)

03/10/2017 151 ORDER granting 147 Letter Motion for Local Rule 37.2 Conference. Application GRANTED. Crowe Horwath, LLP ("Crowe") shall file a response by March 15, 2017. A telephone conference will be held in this matter on March 21, 2017, at 10:40 A.M. Plaintiffs shall convene all parties and Crowe on one line and call Chambers at 212-805-0288 at the appointed time. Plaintiffs shall provide a copy of this Order to Crowe by March 10, 2017. Telephone Conference set for 3/21/2017 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/10/2017) (kgo) (Entered: 03/10/2017)

03/15/2017 152 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Kevin M. McDonough dated March 15, 2017 re: 147 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Jacob A. Goldberg dated 03/09/2017. . Document filed by Crowe Horwath LLP. (McDonough, Kevin) (Entered: 03/15/2017)

03/21/2017 153 ORDER: ORDERED that, by April 4, 2017, Crowe Horwath LLP ("Crowe") shall produce to Plaintiffs the following: (1) all work papers related to the 2013 year-end audit of Defendant Corporate Resource Services, Inc. ("CRS"); (2) all work papers related to the procedure reviews Crowe performed for CRS for the first, second and third quarters of 2014; and (3) any documents or records relating to Crowe's resignation as CRS's auditor and withdrawal of Crowe's 2013 year-end audit opinion for CRS. (Signed by Judge Lorna G. Schofield on 3/21/2017) (ap) (Entered: 03/21/2017)

03/21/2017 Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 3/21/2017. (jcs) (Entered: 04/06/2017)

03/28/2017 Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 3/28/2017. (jcs) (Entered: 04/06/2017)

04/05/2017 154 TRANSCRIPT of Proceedings re: Conference held on 3/21/2017 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Alena Lynch, (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 4/26/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017.(Siwik, Christine) (Entered: 04/05/2017)

04/05/2017 155 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/21/17 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...(Siwik, Christine) (Entered: 04/05/2017)

04/14/2017 156 ORDER. WHEREAS, the Case Management Plan in this matter directs the parties to submit a joint status letter every 45 days; WHEREAS, the last status letter was filed on February 27, 2017, and the next status letter was due on April 13, 2017; WHEREAS, the April status letter has not been filed; it is hereby ORDERED that the parties shall file the status letter by April 17, 2017. (Signed by Judge Lorna G. Schofield on 4/14/2017) (rjm) (Entered: 04/14/2017)

04/14/2017 157 STATUS REPORT. Document filed by Stephen Calfo, Janez Demsar.(Gross, Marc) (Entered: 04/14/2017)

04/27/2017 158 ORDER: terminating 132 Motion to Certify Class; terminating 132 Motion to Appoint Counsel. WHEREAS, the Court has been informed that the Parties have reached a settlement in principle in this case; it is hereby ORDERED that any motion for preliminary approval of a settlement shall be filed by May 31, 2017; any responses shall be filed by June 14, 2017; and a hearing will be held on June 27, 2017, at 11:00 A.M. It is further ORDERED that all other conferences and due dates are adjourned, Plaintiffs' motion for class certification is denied without prejudice to renewal, and discovery is stayed. The Clerk of Court is directed to close the motion at Dkt. No. 132. (Signed by Judge Lorna G. Schofield on 4/27/2017) (ap) Modified on 5/15/2017 (ap). (Entered: 04/27/2017)

04/27/2017 Set/Reset Deadlines: Motions due by 5/31/2017. Responses due by 6/14/2017. (ap) (Entered: 04/27/2017)

05/31/2017 159 MOTION for Settlement Unopposed Motion for Preliminary Approval of Settlement. Document filed by Stephen Calfo, Janez Demsar.(Lieberman, Jeremy) (Entered: 05/31/2017)

05/31/2017 160 MEMORANDUM OF LAW in Support re: 159 MOTION for Settlement Unopposed Motion for Preliminary Approval of Settlement. . Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 05/31/2017)

05/31/2017 161 DECLARATION of Justin S. Nematzadeh in Support re: 159 MOTION for Settlement Unopposed Motion for Preliminary Approval of Settlement.. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit 1 Stipulation of Settlement, # 2 Exhibit A Proposed Preliminary Approval Order, # 3 Exhibit A-1 Long Form Notice, # 4 Exhibit A-2 Proof of Claim, # 5 Exhibit A-3 Shorn Form Notice, # 6 Exhibit A-4 Postcard Notice, # 7 Exhibit B Proposed Final Order, # 8 Exhibit 2 Legal Authority, # 9 Exhibit 3 Legal Authority, # 10 Exhibit 4 Firm Resume)(Nematzadeh, Justin) (Entered: 05/31/2017)

06/27/2017 162 ORDER: WHEREAS, on June 27, 2017, a hearing was held regarding Plaintiffs' unopposed motion for preliminary approval of class action settlement; it is hereby ORDERED that, by July 7, 2017, Plaintiffs shall file the following: 1. A letter that (i) describes the settlement in the related bankruptcy proceeding and (ii) explains the representation that the recovery is 17.94% of a low damages estate and 8.51% of a high damages estimate, including a calculation of the two damages estimates, how they differ and whether the cited percentages are on a gross basis or net basis; 2. A letter motion to appoint the claims administrator; and 3. A letter motion regarding Plaintiffs' proposed amended complaint. It is further ORDERED that the Claim Form shall be revised to put the claim form first, followed by the release. It is further ORDERED that, by July 7, 2017, Plaintiffs shall email Chambers a Word version of their proposed order, including proposed dates. Motions due by 7/7/2017. (Signed by Judge Lorna G. Schofield on 6/27/2017) (kgo) (Entered: 06/27/2017)

06/27/2017 Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 6/27/2017. (Court Reporter Tara Jones) (Lewis, Barton) (Entered: 06/30/2017)

07/07/2017 163 LETTER addressed to Judge Lorna G. Schofield from James P. Smith III dated July 7, 2017 re: advising the Court of preliminary views on Plaintiffs' intention to seek to amend the Complaint. Document filed by Michael J. Golde.(Smith, James) (Entered: 07/07/2017)

07/07/2017 164 LETTER addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman dated 07/07/2017 re: Response to Order Dated 6/27/2017 regarding Claims Adminstrator appointment. Document filed by Stephen Calfo, Janez Demsar.(Lieberman, Jeremy) (Entered: 07/07/2017)

07/07/2017 165 LETTER addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman dated 07/07/2017 re: Response to Order dated 06/27/2017. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lieberman, Jeremy) (Entered: 07/07/2017)

07/11/2017 166 ORDER: It is hereby ORDERED that Plaintiffs application is granted. Plaintiffs shall file their letter motion for leave to file an amended complaint, including a copy of the proposed complaint, by August 15, 2017. The letter shall not exceed five pages. ORDERED that Plaintiffs shall provide Crowe Horwath LLP a copy of this order, as well as the motion for leave to amend, and Crowe Horwath LLP may but need not respond. ORDERED that any opposition by any party hereto, or by Crowe Horwath, shall be filed by August 25, 2017, in a letter not to exceed five pages. (Signed by Judge Lorna G. Schofield on 07/11/2017) (jcs) (Entered: 07/11/2017)

07/11/2017 167 ORDER GRANTING LEAD PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 159 : The Court hereby preliminarily approves the Settlement, as set forth in detail in this Order, subject to further consideration at a hearing and oral argument to be held on October 24, 2017, at 4:30 p.m. (Signed by Judge Lorna G. Schofield on 07/11/2017) (jcs) (Entered: 07/11/2017)

07/11/2017 Set/Reset Hearings: Oral Argument set for 10/24/2017 at 04:30 PM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (jcs) (Entered: 07/11/2017)

07/24/2017 168 TRANSCRIPT of Proceedings re: Conference held on 6/27/2017 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Tara Jones, (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 8/14/2017. Redacted Transcript Deadline set for 8/24/2017. Release of Transcript Restriction set for 10/23/2017.(Siwik, Christine) (Entered: 07/24/2017)

07/24/2017 169 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/27/17 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...(Siwik, Christine) (Entered: 07/24/2017)

08/15/2017 170 LETTER addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman and Jacob A. Goldberg dated August 15, 2017 re: Response to Order dated July 11, 2017 (ECF No. 166). Document filed by Stephen Calfo, Janez Demsar.(Lieberman, Jeremy) (Entered: 08/15/2017)

09/20/2017 171 MOTION for Settlement Unopposed Motion for Final Approval of Class Action Settlement. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Text of Proposed Order)(Lieberman, Jeremy) (Entered: 09/20/2017)

09/20/2017 172 MEMORANDUM OF LAW in Support re: 171 MOTION for Settlement Unopposed Motion for Final Approval of Class Action Settlement. . Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 09/20/2017)

09/20/2017 173 MOTION for Attorney Fees Unopposed Motion for Award of Attorneys' Fees, Reimbursement of Expenses and Compensatory Award to Lead Plaintiffs. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Text of Proposed Order)(Lieberman, Jeremy) (Entered: 09/20/2017)

09/20/2017 174 MEMORANDUM OF LAW in Support re: 173 MOTION for Attorney Fees Unopposed Motion for Award of Attorneys' Fees, Reimbursement of Expenses and Compensatory Award to Lead Plaintiffs. . Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 09/20/2017)

09/20/2017 175 DECLARATION of Jeremy A. Lieberman in Support re: 171 MOTION for Settlement Unopposed Motion for Final Approval of Class Action Settlement., 173 MOTION for Attorney Fees Unopposed Motion for Award of Attorneys' Fees, Reimbursement of Expenses and Compensatory Award to Lead Plaintiffs.. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit 1 Bravata Declaration, # 2 Exhibit 2 Lieberman Fee Declaration, # 3 Exhibit 3 Rosen Fee Declaration, # 4 Exhibit 4 Calfo Declaration, # 5 Exhibit 5 Demsar Declaration, # 6 Exhibit 6, # 7 Exhibit 7)(Lieberman, Jeremy) (Entered: 09/20/2017)

09/29/2017 176 LETTER from Austin D. Paris, Jr dated 9/26/2017 re: I would like to express my opinion that I do not agree with the settlement or any part of the Settlement. (rdz) (Entered: 09/29/2017)

10/11/2017 177 REPLY MEMORANDUM OF LAW in Support re: 173 MOTION for Attorney Fees Unopposed Motion for Award of Attorneys' Fees, Reimbursement of Expenses and Compensatory Award to Lead Plaintiffs. . Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 10/11/2017)

10/11/2017 178 DECLARATION of Josephine Bravata in Support re: 171 MOTION for Settlement Unopposed Motion for Final Approval of Class Action Settlement.. Document filed by Stephen Calfo, Janez Demsar. (Lieberman, Jeremy) (Entered: 10/11/2017)

10/18/2017 179 LETTER addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman dated 10/18/2017 re: Requested change in time of scheduled hearing. Document filed by Stephen Calfo, Janez Demsar.(Lieberman, Jeremy) (Entered: 10/18/2017)

10/19/2017 180 MEMO ENDORSEMENT on re: 179 Letter filed by Janez Demsar Stephen Calfo. ENDORSEMENT: Application GRANTED. The hearing currently scheduled for October 24, 2017, at 4:30 p.m. is rescheduled for October 24, 2017, at 1:30 p.m. ( Oral Argument set for 10/24/2017 at 01:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/19/2017) (kgo) (Entered: 10/19/2017)

10/24/2017 Minute Entry for proceedings held before Judge Lorna G. Schofield: Oral Argument held on 10/24/2017 re: 171 MOTION for Settlement Unopposed Motion for Final Approval of Class Action Settlement. filed by Janez Demsar, Stephen Calfo, 173 MOTION for Attorney Fees Unopposed Motion for Award of Attorneys' Fees, Reimbursement of Expenses and Compensatory Award to Lead Plaintiffs. filed by Janez Demsar, Stephen Calfo. (jcs) (Entered: 11/03/2017)

10/25/2017 181 NOTICE OF APPEARANCE by Howard S. Weiner on behalf of John P. Messina, Sr. (Weiner, Howard) (Entered: 10/25/2017)

10/27/2017 182 LETTER addressed to Judge Lorna G. Schofield from Jeremy A. Lieberman dated 10/27/17 re: Response to Court's Request at Hearing on 10/24/2017.. Document filed by Stephen Calfo, Janez Demsar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lieberman, Jeremy) (Entered: 10/27/2017)

10/30/2017 183 ORDER AND FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: All capitalized terms used herein have the same meanings as set forth and defined in the Settlement Stipulation. The Court has jurisdiction over the subject matter of the Action and all matters relating to the Settlement, as well as personal jurisdiction over Releasing Parties, Released Parties and each of the Settlement Class Members. This Final Judgment incorporates and makes a part hereof the following: (a) the Settlement Stipulation filed on May 31, 2017; and (b) the Notice and summary notice, substantially similar forms of which were filed on May 31, 2017, and as further set forth herein. The Settlement is approved as fair, reasonable and adequate and in the best interests of the Settlement Class. The Settlement set forth in the Settlement Stipulation is the result of good faith, arm's-length negotiations between experienced counsel representing the interests of the Class Representatives, Settlement Class Members and Defendants. The Settling Parties are directed to consummate the Settlement in accordance with the terms and provisions of the Settlement Stipulation. The Action and all claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as against each and all Defendants. The Parties are to bear their own costs, except as otherwise provided in the Settlement Stipulation, and as further set forth in this Order and Final Judgment. In the event that the Settlement is not consummated in accordance with the terms of the Settlement Stipulation, then the Settlement Stipulation and this Order and Final Judgment (including any amendment(s) thereof, and except as expressly provided in the Settlement Stipulation or by order of the Court) will be null and void, of no further force or effect and without prejudice to any Settling Party, and may not be introduced as evidence or used in any action or proceeding by any Person against the Settling Parties or the Released Parties, and each Settling Party will be restored to his, her or its respective litigation positions as they existed prior to May 31, 2017, pursuant to the terms of the Settlement Stipulation. The Clerk of Court is directed to close the motion at Docket No. 171. Motion(s) terminated: 171 MOTION for Settlement Unopposed Motion for Final Approval of Class Action Settlement filed by Janez Demsar, Stephen Calfo. (Signed by Judge Lorna G. Schofield on 10/30/2017) (rjm) (Additional attachment(s) added on 10/30/2017: # 1 right to appeal #1, # 2 right to appeal #2) (rjm). (Entered: 10/30/2017)

10/30/2017 184 ORDER GRANTING REQUEST FOR AN AWARD OF ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES AND AWARDS FOR LEAD PLAINTIFFS: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: Lead Plaintiffs' Motion for an Award of Attorneys' Fees, Reimbursement of Expenses, and Award to Lead Plaintiffs is granted. Lead Counsel is awarded attorneys' fees in the amount of 33 1/3% of the Settlement Fund, or $550,000.00, and awarded reimbursement of litigation expenses in the amount of $176,892.57. Lead Plaintiffs are granted an award of $6,000.00...Lead Plaintiffs Stephen Calfo Janez Demsar each shall be awarded $3,000.00 as an award and reimbursement for their lost time in connection with the prosecution of this Action. These amounts shall be paid to Lead Plaintiffs from the Settlement Fund upon entry of this Order. The Clerk of Court is directed to close the motion at Docket No. 173, and as further set forth herein. (Signed by Judge Lorna G. Schofield on 10/30/2017) (ras) (Entered: 10/30/2017)

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