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

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US District Court Civil Docket as of 12/08/2009 Retrieved from the court on Monday, December 14, 2009 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:09-cv-00580-DC Sklar v. Bank of America Corp. et al Assigned to: Judge Denny Chin Lead case: 1:09-md-02058-DC Member cases: 1:09-cv-00580-DC 1:09-cv-00606-DC 1:09-cv-00638-DC 1:09-cv-00720-GBD 1:09-cv-00740-DC-RLE 1:09-cv-00881-DC 1:09-cv-00928-DC 1:09-cv-01463-DC 1:09-cv-01612-DC 1:09-cv-01941-DC 1:09-cv-02350-DC 1:09-cv-05410-DC 1:09-cv-05411-DC 1:09-cv-05410-DC 1:09-cv-05411-DC 1:09-cv-00580-DC 1:09-cv-01056-DC 1:09-cv-00606-DC 1:09-cv-01174-DC 1:09-cv-00638-DC 1:09-cv-01177-DC 1:09-cv-00740-DC-RLE 1:09-cv-00808-DC 1:09-cv-01612-DC 1:09-cv-01331-DC 1:09-cv-01941-DC 1:09-cv-00834-DC 1:09-cv-02350-DC 1:09-cv-01333-DC 1:09-cv-00851-DC 1:09-cv-01434-DC Date Filed: 01/21/2009 Date Terminated: 07/29/2009 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question

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

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US District Court Civil Docket as of 12/08/2009 Retrieved from the court on Monday, December 14, 2009

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

CIVIL DOCKET FOR CASE #: 1:09-cv-00580-DC

Sklar v. Bank of America Corp. et al Assigned to: Judge Denny Chin Lead case: 1:09-md-02058-DC Member cases: 1:09-cv-00580-DC 1:09-cv-00606-DC 1:09-cv-00638-DC 1:09-cv-00720-GBD 1:09-cv-00740-DC-RLE 1:09-cv-00881-DC 1:09-cv-00928-DC 1:09-cv-01463-DC 1:09-cv-01612-DC 1:09-cv-01941-DC 1:09-cv-02350-DC 1:09-cv-05410-DC 1:09-cv-05411-DC 1:09-cv-05410-DC 1:09-cv-05411-DC 1:09-cv-00580-DC 1:09-cv-01056-DC 1:09-cv-00606-DC 1:09-cv-01174-DC 1:09-cv-00638-DC 1:09-cv-01177-DC 1:09-cv-00740-DC-RLE 1:09-cv-00808-DC 1:09-cv-01612-DC 1:09-cv-01331-DC 1:09-cv-01941-DC 1:09-cv-00834-DC 1:09-cv-02350-DC 1:09-cv-01333-DC 1:09-cv-00851-DC 1:09-cv-01434-DC

Date Filed: 01/21/2009 Date Terminated: 07/29/2009 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question

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1:09-cv-01463-DC 1:09-cv-01561-DC 1:09-cv-00880-DC 1:09-cv-01572-DC 1:09-cv-01606-DC 1:09-cv-00914-DC 1:09-cv-02389-DC 1:09-cv-02581-DC 1:09-cv-02609-DC 1:09-cv-02674-DC 1:09-cv-00881-DC 1:09-cv-00928-DC 1:09-cv-06305-DC Related Cases: 1:09-cv-01331-DC 1:09-cv-00638-DC 1:09-cv-00740-DC-RLE 1:09-cv-00808-DC 1:09-cv-00834-DC 1:09-cv-00606-DC 1:09-cv-00881-DC 1:09-cv-02674-DC 1:09-cv-01463-DC 1:09-cv-02609-DC 1:09-cv-01434-DC 1:09-cv-01612-DC 1:09-cv-01561-DC 1:09-cv-01572-DC 1:09-cv-02581-DC 1:09-cv-02389-DC 1:09-md-02058-DC Cause: 15:78m(a) Securities Exchange Act

Lead Plaintiff The Public Pension Fund Group represented by Gregory M. Castaldo

Barroway Topaz Kessler Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor , PA 19087 (610) 667-7706 Fax: (610) 667-7056 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

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Jennifer L. Joost Barroway Topaz Kessler Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor , PA 19087 (610) 667-7706 Fax: (610) 667-7056 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard A Russo , Jr Barroway Topaz Kessler Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor , PA 19087 610 667 7706 Fax: 610 667 7056 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Sean M. Handler Barroway Topaz Kessler Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor , PA 19087 610-822-2208 Fax: 610-667-7056 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Sharan Nirmul Barroway Topaz Kessler Meltzer & Check,LLP 280 King of Prussia Road Radnor , PA 19087 (610)-667-7706 Fax: (610)-667-7056 Email: [email protected] ATTORNEY TO BE NOTICED

Lead Plaintiff

Public Pension Funds represented by Gregory M. Castaldo (See above for address) LEAD ATTORNEY PRO HAC VICE

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ATTORNEY TO BE NOTICED Hae Sung Nam Kaplan Fox & Kilsheimer LLP (NYC) 850 Third Avenue 14th Floor New York , NY 10022 (212) 687-1980 Fax: (212) 687-7714 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer L. Joost (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Melinda D. Rodon Kaplan Fox & Kilsheimer LLP (NYC) 850 Third Avenue 14th Floor New York , NY 10022 (212)-329-8569 Fax: (212)-687-7714 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard A Russo , Jr (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Sean M. Handler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sharan Nirmul (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Steven J. Sklar as (IRA Account Beneficiary), on behalf of himself and all others similarly situated

represented by James Abram Harrod , III Wolf Popper LLP 845 Third Avenue

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New York , NY 10022 212.759.4600 Fax: 212.486.2093 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lester L. Levy , Sr Wolf Popper LLP 845 Third Avenue New York , NY 10022 (212) 759-4600 Fax: (212) 486-2093 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Natalie Marie MacKiel Wolf Popper LLP 845 Third Avenue New York , NY 10022 (212) 759-4600 Fax: (212)-486-2093 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Alma Alvarez represented by Alma Alvarez Fresno, CA 93650 PRO SE

V.

Defendant

Bank of America Corp. represented by Peter C Hein Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York , NY 10019 212-403-1237 Fax: (212) 403-2000 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Kenneth D. Lewis

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Defendant

John A. Thain represented by Andrew J. Levander Dechert, LLP (NYC) 1095 Avenue of the Americas New York , NY 10036-6797 (212) 698-3500 Fax: (212) 698-3500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David Scott Hoffner Dechert, LLP (NYC) 1095 Avenue of the Americas New York , NY 10036-6797 (212) 891-9431 Fax: (212) 891-9598 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennie Boehm Krasner Dechert LLP P.O. Box 5218 Princeton , NJ 08540 (609)-620-3240 Fax: (609)-620-3259 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Gary A. Carlin

Defendant

Nelson Chai

Movant

Finger Interests Number One Ltd. represented by Stephen D. Susman Susman Godfrey LLP (TX) 1000 Louisiana Street Suite 5100 Houston , TX 77002 (713)-653-7801 Fax: (713)-654-6666 Email: [email protected]

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Louisiana Municipal Police Employees Retirement System

represented by Albert Morris Myers , III Kahn Gauthier Swick, LLC 650 Poydras Street New Orleans , LA 70130 (504)-455-1400 Fax: (504)-455-1498 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Hollywood Police Officers' Retirement System

represented by Albert Morris Myers , III (See above for address)

Movant

Judy Calibuso represented by Steven E. Fineman Lieff Cabraser Heimann & Bernstein, LLP 250 Hudson Street 8th Floor New York , NY 10013-1413 212-355-9500 Fax: 212-355-9592 Email: [email protected] ATTORNEY TO BE NOTICED

Movant

California State Teachers' Retirement System

represented by Jonathan K. Levine Girard Gibbs LLP 601 California Street, Suite 1400 San Francisco , CA 94108 415-981-4800 Fax: 415-981-4846 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Geoffrey Coyle Jarvis Grant & Eisenhofer, PA (DE) Chase Manhattan Centre 1201 North Market Street Wilmington , DE 19801 (302-622-7040

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Fax: (302)-622-7100 Email: [email protected] ATTORNEY TO BE NOTICED Jay W. Eisenhofer Grant & Eisenhofer P.A. (NY) 485 Lexington Avenue 29th Floor New York , NY 10017 (646)-722-8512 Fax: (646)-722-8501 Email: [email protected] ATTORNEY TO BE NOTICED

Movant

California Public Employees' Retirement System

represented by Jonathan K. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Geoffrey Coyle Jarvis (See above for address) ATTORNEY TO BE NOTICED Jay W. Eisenhofer (See above for address) ATTORNEY TO BE NOTICED

Movant

Westmoreland County Employee Retirement System

represented by Joseph Peter Guglielmo Scott + Scott, LLP( NYC) 29th West 57th Street New York , NY 10019 (212)) 223-6444 Fax: (212) 223-6444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

West Palm Beach Police Pension Fund represented by Joseph Peter Guglielmo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

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Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa

represented by Joseph Peter Guglielmo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

James F. Lehmann represented by Joseph Peter Guglielmo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

State Teachers Retirement System of Ohio

represented by Donald R. Hall , Jr Kaplan Fox & Kilsheimer LLP (NYC) 850 Third Avenue 14th Floor New York , NY 10022 212-687-1980 Fax: 212-687-7714 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Frederic Scott Fox , Sr Kaplan Fox & Kilsheimer LLP (NYC) 850 Third Avenue 14th Floor New York , NY 10022 (212) 687-1980 Fax: (212) 687-7714 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert N. Kaplan Kaplan Fox & Kilsheimer LLP (NYC) 850 Third Avenue 14th Floor New York , NY 10022 (212) 687-1980 Fax: (212) 687-7714 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Ohio Public Employees Retirement represented by Donald R. Hall , Jr

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System (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Frederic Scott Fox , Sr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert N. Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Teachers Retirement System of Texas represented by Donald R. Hall , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Frederic Scott Fox , Sr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert N. Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Stichting Pensioenfonds Zorg en Welzijin

represented by Donald R. Hall , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Frederic Scott Fox , Sr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert N. Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

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Fjarde Ap-Fonden represented by Donald R. Hall , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Frederic Scott Fox , Sr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert N. Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Institutional Investor Group represented by David Avi Rosenfeld Coughlin Stoia Geller Rudman & Robbins, LLP (LI) 58 South Service Road Suite 200 Melville , NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

Interested Party

Robert Anderson

Date Filed # Docket Text

01/21/2009 1 COMPLAINT against Bank of America Corp., Kenneth D. Lewis, John A. Thain, Gary A. Carlin, Nelson Chai. (Filing Fee $ 350.00, Receipt Number 675285)Document filed by Steven J. Sklar.(rdz) (Entered: 01/23/2009)

01/21/2009 SUMMONS ISSUED as to Bank of America Corp., Kenneth D. Lewis, John A. Thain, Gary A. Carlin, Nelson Chai. (rdz) (Entered: 01/23/2009)

01/21/2009 Magistrate Judge Kevin N. Fox is so designated. (rdz) (Entered: 01/23/2009)

01/21/2009 Case Designated ECF. (rdz) (Entered: 01/23/2009)

02/25/2009 2 ORDER: Pending in this District are at least twenty-two actions relating to Bank of America Corporation's ("Bank of America") merger with Merrill Lynch & Co., Inc. ("Merrill Lynch" )and public disclosures made in connection with that transaction. I am prepared to accept all related cases. Defendants are not required to answer or

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otherwise respond to the individual complaints in the above-listed cases absent further order of the Court. Any motion for consolidation and for the appointment of lead plaintiff and/or lead counsel in the securities class actions, derivative actions, and ERISA actions shall be filed on or before March 23, 2009. Each motion shall specify in the caption whether it relates to the "securities class actions," "derivative actions," or "ERISA actions." Any opposition papers shall be filed by April 6, 2009, and any reply papers shall be filed by April 13, 2009. SO ORDERED. (Signed by Judge Denny Chin on 2/25/2009) (tve) (Entered: 02/25/2009)

03/23/2009 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Counsel. Document filed by Finger Interests Number One Ltd.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Susman, Stephen) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 4 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Stephen D. Susman in Support re: 3 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Counsel.. Document filed by Finger Interests Number One Ltd.. (Attachments: # 1 Exhibit 1-6)(Susman, Stephen) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 5 JOINT MOTION to Consolidate Cases 09-cv-808, 09-cv-834, 09-cv-1174, 09-cv-1331, 09-cv-1333, 09-cv-1434, 09-cv-1561, 09-cv-1572 into one Consolidated Derivative Action., JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action., JOINT MOTION to Appoint Counsel as Co-Lead Counsel in the Consolidated Derivative Action. Document filed by Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System.(Myers, Albert) (Entered: 03/23/2009)

03/23/2009 6 DECLARATION of Albert M. Myers in Support re: 5 JOINT MOTION to Consolidate Cases 09-cv-808, 09-cv-834, 09-cv-1174, 09-cv-1331, 09-cv-1333, 09-cv-1434, 09-cv-1561, 09-cv-1572 into one Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Counsel as Co-Lead Counsel in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.. Document filed by Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Myers, Albert) (Entered: 03/23/2009)

03/23/2009 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Consolidate Cases 09-CV-2674, 09-CV-02389, 09-CV-1606, 09-CV-1177, 09-CV-1056, 09-CV-914, 09-CV-880, 09-CV-851. Document filed by Judy Calibuso.(Fineman, Steven) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 8 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT ([Proposed Order) - BRIEF re: 5 JOINT MOTION to Consolidate Cases 09-cv-808, 09-cv-834,

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09-cv-1174, 09-cv-1331, 09-cv-1333, 09-cv-1434, 09-cv-1561, 09-cv-1572 into one Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Counsel as Co-Lead Counsel in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action. PROPOSED ORDER. Document filed by Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System.(Myers, Albert) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 7 MOTION to Consolidate Cases 09-CV-2674, 09-CV-02389, 09-CV-1606, 09-CV-1177, 09-CV-1056, 09-CV-914, 09-CV-880, 09-CV-851.. Document filed by Judy Calibuso. (Fineman, Steven) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 10 MEMORANDUM OF LAW in Support re: 5 JOINT MOTION to Consolidate Cases 09-cv-808, 09-cv-834, 09-cv-1174, 09-cv-1331, 09-cv-1333, 09-cv-1434, 09-cv-1561, 09-cv-1572 into one Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Counsel as Co-Lead Counsel in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.. Document filed by Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System. (Myers, Albert) (Entered: 03/23/2009)

03/23/2009 11 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Steven E. Fineman in Support re: 7 MOTION to Consolidate Cases 09-CV-2674, 09-CV-02389, 09-CV-1606, 09-CV-1177, 09-CV-1056, 09-CV-914, 09-CV-880, 09-CV-851.. Document filed by Judy Calibuso. (Attachments: # 1 Exhibit Exhibit A to Fineman Declaration, # 2 Errata Exhibit B to Fineman Declaration, # 3 Exhibit Exhibit C to Fineman Declaration, # 4 Errata Exhibit D to Fineman Declaration, # 5 Exhibit Exhibit E.1 to Fineman Declaration, # 6 Exhibit Exhibit E.2 to Fineman Declaration, # 7 Exhibit Exhibit E.3 to Fineman Declaration, # 8 Exhibit Exhibit E.4 to Fineman Declaration, # 9 Exhibit Exhibit E.5 to Fineman Declaration, # 10 Errata Exhibit F to Fineman Declaration, # 11 Errata Exhibit G to Fineman Declaration, # 12 Exhibit Exhibit H to Fineman Declaration)(Fineman, Steven) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 12 CERTIFICATE OF SERVICE. Document filed by Judy Calibuso. (Fineman, Steven) (Entered: 03/23/2009)

03/23/2009 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint California

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State Teachers' Retirement System and the California Public Employees' Retirement System to serve as lead plaintiff(s). Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Attachments: # 1 Text of Proposed Order)(Levine, Jonathan) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 13 MOTION to Appoint California State Teachers' Retirement System and the California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and the California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Levine, Jonathan) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 15 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jonathan K. Levine in Support re: 13 MOTION to Appoint California State Teachers' Retirement System and the California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and the California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Levine, Jonathan) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 16 MOTION to Consolidate Cases 1:09-CV-851,1:09-CV-880,1:09-CV-914,1:09-CV-1056,1:09-CV-1177,1:09-CV-1606,1:09-CV-2389. Document filed by Bank of America Corp..(Hein, Peter) (Entered: 03/23/2009)

03/23/2009 17 MOTION to Consolidate Cases 1:09-CV-808,1:09-CV-834,09-CV-1174,1:09-CV-1331,1:09-CV-1333,09-CV-1434,09-CV-1561, 1:09-CV-1572,1:09-CV-2581,1:09-CV-2609 OF RELATED DERIVATIVE ACTIONS. Document filed by Bank of America Corp..(Hein, Peter) (Entered: 03/23/2009)

03/23/2009 18 MOTION to Consolidate Cases 1:09-CV-580,1:09-CV-606,1:09-CV-638,1:09-CV-740,1:09-CV-881,1:09-CV-928,1:09-CV-1463, 1:09-CV-1612,1:09-CV-1941,1:09-CV-2350 OF RELATED SECURITIES CLASS ACTIONS. Document filed by Bank of America Corp..(Hein, Peter) (Entered: 03/23/2009)

03/23/2009 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection of Scott + Scott, LLP as Lead Counsel., MOTION to Consolidate Cases 1:09-cv-00808; 1:09-cv-00834; 1:09-cv-01174; 1:09-cv-01331; 1:09-cv-01333; 1:09-cv-01434; 1:09-cv-01561; 1:09-cv-01572; 1:09-cv-02581; 1:09-cv-02609. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa.(Guglielmo, Joseph) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 19 MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland

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County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection MOTION to Consolidate Cases 1:09-cv-00808; 1:09-cv-00834; 1:09-cv-01174; 1:09-cv-01331; 1:09-cv-01333; 1:09-cv-01434; 1:09-cv-01561; 1:09-cv-01572; 1:09-cv-02581; 1:09-cv-02609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection of Scott + Scott, LLP as Lead Counsel. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa. (Guglielmo, Joseph) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 21 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Joseph P. Guglielmo in Support re: 18 MOTION to Consolidate Cases 1:09-CV-580,1:09-CV-606,1:09-CV-638,1:09-CV-740,1:09-CV-881,1:09-CV-928,1:09-CV-1463, 1:09-CV-1612,1:09-CV-1941,1:09-CV-2350 OF RELATED SECURITIES CLASS ACTIONS., 19 MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection MOTION to Consolidate Cases 1:09-cv-00808; 1:09-cv-00834; 1:09-cv-01174; 1:09-cv-01331; 1:09-cv-01333; 1:09-cv-01434; 1:09-cv-01561; 1:09-cv-01572; 1:09-cv-02581; 1:09-cv-02609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa. (Attachments: # 1 Exhibit A - Firm Profile, # 2 Exhibit B - Off v Ross opinion, # 3 Exhibit C - Marvell Slip Op)(Guglielmo, Joseph) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 22 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (JOINDER) - MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa and Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection of Lead Counsel., MOTION for Joinder to Consolidate Derivative Actions. Document filed by James F. Lehmann.(Guglielmo, Joseph) Modified on 3/25/2009 (jar). (Entered: 03/23/2009)

03/23/2009 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP., MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s)., MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350.

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Document filed by State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden.(Fox, Frederic) (Entered: 03/23/2009)

03/23/2009 24 MEMORANDUM OF LAW in Support re: 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s).. Document filed by State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden. (Fox, Frederic) (Entered: 03/23/2009)

03/23/2009 25 DECLARATION of Frederic S. Fox in Support re: 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s).. Document filed by State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Fox, Frederic) (Entered: 03/23/2009)

03/23/2009 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928; 09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-

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2350., MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Institutional Investor Group.(Rosenfeld, David) (Entered: 03/23/2009)

03/23/2009 27 MEMORANDUM OF LAW in Support re: 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928; 09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-2350. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by Institutional Investor Group. (Rosenfeld, David) (Entered: 03/23/2009)

03/23/2009 28 AFFIDAVIT of David A. Rosenfeld in Support re: 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928; 09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-2350. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by Institutional Investor Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rosenfeld, David) (Entered: 03/24/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Stephen Susman to RE-FILE Document 3 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Counsel. ERROR(S): When filing a Motion with multiple requests, each specific request must be selected from the Motions menu. (Ex/ Appoint Counsel, Appoint Lead Plaintiff(s)). (jar) Modified on 3/25/2009 (jar). (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Stephen Susman to RE-FILE Document 4 Declaration in Support of Motion,. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Fineman to RE-FILE Document 7 MOTION to Consolidate Cases 09-CV-2674, 09-CV-02389, 09-CV-1606, 09-CV-1177, 09-CV-1056, 09-CV-914, 09-CV-880, 09-CV-851. ERROR(S): When filing a Motion with multiple requests, each specific request must be selected from the Motions menu. (Ex/ Consolidate Cases, Appoint Lead Plaintiff(s), Appoint Counsel, and/or Miscellaneous Relief (to be used if a specific request is not listed)). (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Fineman to RE-FILE Document 9 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 03/25/2009)

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03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Fineman to RE-FILE Document 11 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jonathan Levine to RE-FILE Document 13 MOTION to Appoint California State Teachers' Retirement System and the California Public Employees' Retirement System to serve as lead plaintiff(s). ERROR(S): When filing a Motion with multiple requests, each specific request must be selected from the Motions menu. (Ex/ Consolidate Cases, Appoint Lead Plaintiff(s) ). (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jonathan Levine to RE-FILE Document 14 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jonathan Levine to RE-FILE Document 15 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Joseph Guglielmo to RE-FILE Document 19 MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection, MOTION to Consolidate Cases 1:09-cv-00808; 1:09-cv-00834; 1:09-cv-01174; 1:09-cv-01331; 1:09-cv-01333; 1:09-cv-01434; 1:09-cv-01561; 1:09-cv-01572; 1:09-cv-02581; 1:09-cv-02609. ERROR(S): When filing a Motion with multiple requests, each specific request must be selected from the Motions menu. (Ex/ Appoint Lead Plaintiff(s), Consolidate Case, Appoint Counsel). (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Joseph Guglielmo to RE-FILE Document 20 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 03/25/2009)

03/23/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Joseph Guglielmo to RE-FILE Document 21 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 03/25/2009)

03/24/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Albert Myers to E-MAIL Document No. 8 Proposed Order Consolidating Derivative Actions, Appointing Lead Plaintiff, and Appointing Co-Lead Counsel to [email protected]. This document is not filed via ECF. (jar) (Entered: 03/25/2009)

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03/24/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Joseph Guglielmo to RE-FILE Document 22 MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa and Westmoreland County Employee Retirement System to serve as lead plaintiff(s) and to Approve the Selection MOTION for Joinder to Consolidate Derivative Actions. Use the event type Joinder found under the event list Other Documents. (jar) (Entered: 03/25/2009)

03/25/2009 29 MOTION to Consolidate Cases 09-CV-851, 09-CV-880, 09-CV-914, 09-CV-1056, 09-CV-1177, 09-CV-1606, 09-CV-02389, 09-CV-2674., MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s)., MOTION to Appoint Co-Lead and Liaison Counsel. Document filed by Judy Calibuso.(Fineman, Steven) (Entered: 03/25/2009)

03/25/2009 30 MEMORANDUM OF LAW in Support re: 29 MOTION to Consolidate Cases 09-CV-851, 09-CV-880, 09-CV-914, 09-CV-1056, 09-CV-1177, 09-CV-1606, 09-CV-02389, 09-CV-2674. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s). MOTION to Appoint Co-Lead and Liaison Counsel. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s).. Document filed by Judy Calibuso. (Fineman, Steven) (Entered: 03/25/2009)

03/25/2009 31 DECLARATION of Steven E. Fineman in Support re: 29 MOTION to Consolidate Cases 09-CV-851, 09-CV-880, 09-CV-914, 09-CV-1056, 09-CV-1177, 09-CV-1606, 09-CV-02389, 09-CV-2674. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s). MOTION to Appoint Co-Lead and Liaison Counsel. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s).. Document filed by Judy Calibuso. (Attachments: # 1 Errata Exhibit A to Fineman Declaration, # 2 Exhibit Exhibit B to Fineman Declaration, # 3 Exhibit Exhibit C to Fineman Declaration, # 4 Exhibit Exhibit D to Fineman Declaration, # 5 Exhibit Exhibit E-1 to Fineman Declaration, # 6 Exhibit Exhibit E-2 to Fineman Declaration, # 7 Exhibit Exhibit E-3 to Fineman Declaration, # 8 Exhibit Exhibit E-4 to Fineman Declaration, # 9 Exhibit Exhibit E-5 to Fineman Declaration, # 10 Exhibit Exhibit F to Fineman Declaration, # 11 Exhibit Exhibit G to Fineman Declaration, # 12 Exhibit Exhibit H to Fineman Declaration)(Fineman, Steven) (Entered: 03/25/2009)

03/25/2009 32 CERTIFICATE OF SERVICE. Document filed by Judy Calibuso. (Fineman, Steven) (Entered: 03/25/2009)

03/25/2009 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612., MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Attachments: # 1 Text of Proposed Order)(Levine, Jonathan) (Entered: 03/25/2009)

03/25/2009 34 MEMORANDUM OF LAW in Support re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Levine, Jonathan) (Entered: 03/25/2009)

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03/25/2009 35 DECLARATION of Jonathan K. Levine in Support re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Levine, Jonathan) (Entered: 03/25/2009)

03/25/2009 36 STIPULATION AND ORDER ADJOURNING THE TIME FOR DEFENDANTS TO ANSWER, MOVE TO DISMISS OR OTHERWISE RESPOND TO THE COMPLAINT: It is hereby stipulated and agreed, by and between the undersigned counsel, that Judge Chin's order dated February 25, 2009 in Sklar v. Bank of America Corp. et al, No. 09-Civ-580 (DC) and related cases shall apply to this case; that (as provided therein) defendants are not required to answer or otherwise respond to the complaint in this action absent further order from the Court; and that the parties acknowledge that the schedule provided for therein shall be applicable in this action. So Ordered (Signed by Judge Harold Baer on 3/25/09) (js) (Entered: 03/25/2009)

03/25/2009 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s)., MOTION to Approve SELECTION OF COUNSEL. Document filed by Finger Interests Number One Ltd.. (Attachments: # 1 Text of Proposed Order)(Susman, Stephen) (Entered: 03/25/2009)

03/25/2009 38 DECLARATION of Stephen D. Susman in Support re: 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL.. Document filed by Finger Interests Number One Ltd.. (Attachments: # 1 Exhibit 1-6)(Susman, Stephen) (Entered: 03/25/2009)

03/25/2009 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609., MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s)., MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa.(Guglielmo, Joseph) (Entered: 03/25/2009)

03/25/2009 40 MEMORANDUM OF LAW in Support re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to

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serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa. (Guglielmo, Joseph) (Entered: 03/25/2009)

03/25/2009 41 DECLARATION of Joseph P. Guglielmo in Support re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa. (Attachments: # 1 Exhibit A - Firm Profile, # 2 Exhibit B - Off v Ross Opinion, # 3 Exhibit C - Marvell Slip Op)(Guglielmo, Joseph) (Entered: 03/25/2009)

03/25/2009 42 NOTICE OF APPEARANCE by Andrew J. Levander on behalf of John A. Thain (Levander, Andrew) (Entered: 03/25/2009)

03/25/2009 43 NOTICE OF APPEARANCE by David Scott Hoffner on behalf of John A. Thain (Hoffner, David) (Entered: 03/25/2009)

03/25/2009 44 NOTICE OF APPEARANCE by Jennie Boehm Krasner on behalf of John A. Thain (Krasner, Jennie) (Entered: 03/25/2009)

03/26/2009 45 JOINDER to join re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by James F. Lehmann.(Guglielmo, Joseph) (Entered: 03/26/2009)

03/31/2009 46 NOTICE OF APPEARANCE by Robert N. Kaplan on behalf of State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-

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Fonden (Kaplan, Robert) (Entered: 03/31/2009)

03/31/2009 47 NOTICE OF APPEARANCE by Donald R. Hall, Jr on behalf of State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden (Hall, Donald) (Entered: 03/31/2009)

03/31/2009 48 NOTICE of Selection of Proposed Lead Counsel re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Levine, Jonathan) (Entered: 03/31/2009)

04/03/2009 49 NOTICE OF APPEARANCE by Jay W. Eisenhofer on behalf of California State Teachers' Retirement System, California Public Employees' Retirement System (Attachments: # 1 Exhibit Certificate of Service to Notice of Appearance)(Eisenhofer, Jay) (Entered: 04/03/2009)

04/06/2009 50 NOTICE OF APPEARANCE by Geoffrey Coyle Jarvis on behalf of California State Teachers' Retirement System, California Public Employees' Retirement System (Jarvis, Geoffrey) (Entered: 04/06/2009)

04/06/2009 51 MEMORANDUM OF LAW in Opposition re: 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL., 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel., 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas,

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Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s)., 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928; 09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-2350. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by Judy Calibuso. (Fineman, Steven) (Entered: 04/06/2009)

04/06/2009 52 MEMORANDUM OF LAW in Opposition re: 5 JOINT MOTION to Consolidate Cases 09-cv-808, 09-cv-834, 09-cv-1174, 09-cv-1331, 09-cv-1333, 09-cv-1434, 09-cv-1561, 09-cv-1572 into one Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Counsel as Co-Lead Counsel in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa. (Guglielmo, Joseph) (Entered: 04/06/2009)

04/06/2009 53 RESPONSE in Opposition re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s)., 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s)., 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928;

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09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-2350. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). Plaintiff Finger Interests Number One Ltd.'s Consolidated Response to Motions for Appointment of Lead Plaintiff. Document filed by Finger Interests Number One Ltd.. (Susman, Stephen) (Entered: 04/06/2009)

04/06/2009 54 RESPONSE to Motion re: 5 JOINT MOTION to Consolidate Cases 09-cv-808, 09-cv-834, 09-cv-1174, 09-cv-1331, 09-cv-1333, 09-cv-1434, 09-cv-1561, 09-cv-1572 into one Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Counsel as Co-Lead Counsel in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action., 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. RESPONSE OF NOMINAL DEFENDANT BANK OF AMERICA CORPORATION TO MOTIONS IN THE DERIVATIVE ACTIONS FOR (1) CONSOLIDATION, AND (2) APPOINTMENT OF LEAD PLAINTIFF, DESIGNATION OF LEAD COUNSEL AND/OR OTHER RELIEF. Document filed by Bank of America Corp.. (Hein, Peter) (Entered: 04/06/2009)

04/06/2009 55 RESPONSE to Motion re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s)., 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL., 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580;

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09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s).. Document filed by Institutional Investor Group. (Rosenfeld, David) (Entered: 04/06/2009)

04/06/2009 56 RESPONSE to Motion re: 29 MOTION to Consolidate Cases 09-CV-851, 09-CV-880, 09-CV-914, 09-CV-1056, 09-CV-1177, 09-CV-1606, 09-CV-02389, 09-CV-2674. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s). MOTION to Appoint Co-Lead and Liaison Counsel. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s). RESPONSE OF DEFENDANT BANK OF AMERICA CORPORATION TO MOTIONS IN THE ERISA ACTIONS FOR (1) CONSOLIDATION, AND (2) APPOINTMENT OF LEAD PLAINTIFF, DESIGNATION OF INTERIM LEAD COUNSEL OR INTERIM CLASS COUNSEL AND/OR OTHER RELIEF. Document filed by Bank of America Corp.. (Hein, Peter) (Entered: 04/06/2009)

04/06/2009 57 RESPONSE to Motion re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s)., 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL., 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s)., 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928; 09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-2350. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel.

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MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). RESPONSE OF DEFENDANT BANK OF AMERICA CORPORATION TO MOTIONS IN THE SECURITIES CLASS ACTIONS FOR (1) CONSOLIDATION, AND (2) APPOINTMENT OF LEAD PLAINTIFF, DESIGNATION OF LEAD COUNSEL AND/OR OTHER RELIEF. Document filed by Bank of America Corp.. (Hein, Peter) (Entered: 04/06/2009)

04/06/2009 58 MEMORANDUM OF LAW in Support re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Eisenhofer, Jay) (Entered: 04/06/2009)

04/06/2009 59 DECLARATION of Geoffrey C. Jarvis in Support re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Attachments: # 1 Exhibit A to Jarvis Declaration, # 2 Exhibit B to Jarvis Declaration, # 3 Exhibit C to Jarvis Declaration)(Eisenhofer, Jay) (Entered: 04/06/2009)

04/06/2009 60 MEMORANDUM OF LAW in Opposition re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s)., 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL., 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928; 09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-2350. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden. (Fox, Frederic) (Entered: 04/06/2009)

04/06/2009 61 DECLARATION of Frederic S. Fox in Opposition re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California

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Public Employees' Retirement System to serve as lead plaintiff(s)., 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL., 26 MOTION to Consolidate Cases 09-cv-00580; 09-cv-00606; 09-cv-00638; 09-cv-00740; 09-cv-00881; 09-cv-00928; 09-cv-01463; 09-cv-01612; 09-cv-01941; 09-cv-2350. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Central States, Southeast and Southwest Areas Pension Fund and West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden. (Fox, Frederic) (Entered: 04/06/2009)

04/06/2009 62 JOINT MEMORANDUM OF LAW in Opposition re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System. (Myers, Albert) (Entered: 04/06/2009)

04/06/2009 63 DECLARATION of ALBERT M. MYERS in Opposition re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Myers, Albert) (Entered: 04/06/2009)

04/07/2009 64 AFFIDAVIT OF SERVICE of RESPONSE MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE MOTION OF THE CALIFORNIA STATE

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TEACHERS RETIREMENT SYSTEM AND THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR CONSOLIDATION OF THE SECURITIES CLASS ACTIONS AND APPOINTMENT AS LEAD PLAINTIFF, AND IN OPPOSITION TO THE COMPETING MOTIONS and DECLARATION OF GEOFFREY C. JARVIS IN SUPPORT OF THE MOTION OF THE CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM AND THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR CONSOLIDATION OF THE SECURITIES CLASS ACTIONS AND APPOINTMENT AS LEAD PLAINTIFF, AND IN OPPOSITION TO THE COMPETING MOTIONS served on Catherine J. Kowalewski, Darren J. Robbins, David C. Walton on April 7, 2009. Service was made by Overnight mail. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Jarvis, Geoffrey) (Entered: 04/07/2009)

04/07/2009 65 AFFIDAVIT OF SERVICE of RESPONSE MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE MOTION OF THE CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM AND THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR CONSOLIDATION OF THE SECURITIES CLASS ACTIONS AND APPOINTMENT AS LEAD PLAINTIFF, AND IN OPPOSITION TO THE COMPETING MOTIONS and DECLARATION OF GEOFFREY C. JARVIS IN SUPPORT OF THE MOTION OF THE CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM AND THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR CONSOLIDATION OF THE SECURITIES CLASS ACTIONS AND APPOINTMENT AS LEAD PLAINTIFF, AND IN OPPOSITION TO THE COMPETING MOTIONS served on Jeffrey A. Berens, Gerald H. Silk, Robert P. Frutkin, Jeffrey S. Abraham, Robert D. Klausner, Michael Criden on April 7, 2009. Service was made by Overnight mail. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Jarvis, Geoffrey) (Entered: 04/07/2009)

04/10/2009 66 MEMORANDUM OF LAW in Opposition re: 29 MOTION to Consolidate Cases 09-CV-851, 09-CV-880, 09-CV-914, 09-CV-1056, 09-CV-1177, 09-CV-1606, 09-CV-02389, 09-CV-2674. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s). MOTION to Appoint Co-Lead and Liaison Counsel. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s).. Document filed by Alma Alvarez. (Basdekis, Athanasios) (Entered: 04/10/2009)

04/13/2009 67 AMENDED MEMORANDUM OF LAW in Opposition re: 29 MOTION to Consolidate Cases 09-CV-851, 09-CV-880, 09-CV-914, 09-CV-1056, 09-CV-1177, 09-CV-1606, 09-CV-02389, 09-CV-2674. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s). MOTION to Appoint Co-Lead and Liaison Counsel. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s).. Document filed by Alma Alvarez. (Basdekis, Athanasios) (Entered: 04/13/2009)

04/13/2009 68 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE 69 REPLY)- MEMORANDUM OF LAW in Support re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP

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as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa. (Guglielmo, Joseph) Modified on 4/14/2009 (db). (Entered: 04/13/2009)

04/13/2009 69 REPLY MEMORANDUM OF LAW in Support re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by Westmoreland County Employee Retirement System, West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa. (Guglielmo, Joseph) (Entered: 04/13/2009)

04/13/2009 70 REPLY to Response to Motion re: 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL.. Document filed by Finger Interests Number One Ltd.. (Susman, Stephen) (Entered: 04/13/2009)

04/13/2009 71 DECLARATION of Jerry Finger in Support re: 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL.. Document filed by Finger Interests Number One Ltd.. (Susman, Stephen) (Entered: 04/13/2009)

04/13/2009 72 DECLARATION of Harry P. Susman in Support re: 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL.. Document filed by Finger Interests Number One Ltd.. (Attachments: # 1 Exhibit A-D)(Susman, Stephen) (Entered: 04/13/2009)

04/13/2009 73 NOTICE of Firm Name Change. Document filed by Louisiana Municipal Police Employees Retirement System. (Myers, Albert) (Entered: 04/13/2009)

04/13/2009 74 REPLY MEMORANDUM OF LAW in Support re: 5 JOINT MOTION to Consolidate Cases 09-cv-808, 09-cv-834, 09-cv-1174, 09-cv-1331, 09-cv-1333, 09-cv-1434, 09-cv-1561, 09-cv-1572 into one Consolidated Derivative Action.JOINT

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MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Counsel as Co-Lead Counsel in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.JOINT MOTION to Appoint Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System to serve as lead plaintiff(s) in the Consolidated Derivative Action.. Document filed by Louisiana Municipal Police Employees Retirement System, Hollywood Police Officers' Retirement System. (Jones, Christopher) (Entered: 04/13/2009)

04/13/2009 75 REPLY MEMORANDUM OF LAW in Support re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). Reply Memorandum Of Law In Further Support Of The Motion Of The California State Teachers Retirement System And The California Public Employees Retirement System For Consolidation Of The Securities Class Actions And Appointment As Lead Plaintiff, And In Opposition To The Competing Motions. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Eisenhofer, Jay) (Entered: 04/13/2009)

04/13/2009 76 DECLARATION of Geoffrey C. Jarvis in Support re: 33 MOTION to Consolidate Cases 09-cv-580, 09-cv-606, 09-cv-638, 09-cv-740, 09-cv-881, 09-cv-928, 09-cv-1463, 09-cv-1612. MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint California State Teachers' Retirement System and California Public Employees' Retirement System to serve as lead plaintiff(s).. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Attachments: # 1 Exhibit A to Jarvis Supplemental Declaration, # 2 Exhibit B to Jarvis Supplemental Declaration, # 3 Exhibit C to Jarvis Supplemental Declaration, # 4 Exhibit D to Jarvis Supplemental Declaration, # 5 Exhibit E to Jarvis Supplemental Declaration, # 6 Exhibit F to Jarvis Supplemental Declaration, # 7 Exhibit G to Jarvis Supplemental Declaration, # 8 Exhibit H to Jarvis Supplemental Declaration, # 9 Exhibit I to Jarvis Supplemental Declaration, # 10 Exhibit J to Jarvis Supplemental Declaration)(Eisenhofer, Jay) (Entered: 04/13/2009)

04/13/2009 77 REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State

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Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s).. Document filed by State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden. (Fox, Frederic) (Entered: 04/13/2009)

04/13/2009 78 DECLARATION of Frederic S. Fox in Support re: 23 MOTION to Appoint Counsel Bernstein Litowitz Berger & Grossman LLP, Kaplan Fox & Kilsheimer LLP, and Barroway Topaz Kessler Meltzer & Check LLP. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-cv-0580; 09-cv-606; 09-cv-0638; 09-cv-0720; 09-cv-740; 09-cv-0881; 09-cv-0928; 09-cv-1463; 09-cv-1612; 09-cv-1941; 09-cv-2350. MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s). MOTION to Appoint the State Teachers Retirement System of Ohio, the Ohio Public Employees Retirement System, the Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, and Fjarde AP-Fonden to serve as lead plaintiff(s).. Document filed by State Teachers Retirement System of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden. (Fox, Frederic) (Entered: 04/13/2009)

04/13/2009 79 RESPONSE in Support re: 29 MOTION to Consolidate Cases 09-CV-851, 09-CV-880, 09-CV-914, 09-CV-1056, 09-CV-1177, 09-CV-1606, 09-CV-02389, 09-CV-2674. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s). MOTION to Appoint Co-Lead and Liaison Counsel. MOTION to Appoint Judy Calibuso to serve as lead plaintiff(s).. Document filed by Judy Calibuso. (Fineman, Steven) (Entered: 04/13/2009)

04/14/2009 80 AFFIDAVIT OF SERVICE of Reply Memorandum Of Law In Further Support Of The Motion Of The California State Teachers Retirement System And The California Public Employees Retirement System For Consolidation Of The Securities Class Actions And Appointment As Lead Plaintiff, And In Opposition To The Competing Motions and the Supplemental Declaration Of Geoffrey C. Jarvis In Support Of The Motion Of The California State Teachers Retirement System And The California Public Employees Retirement System For Consolidation Of The Securities Class Actions And Appointment As Lead Plaintiff, And In Opposition To The Competing Motions served on Catherine J. Kowaleski, Darren J. Robbins, David C. Walton, Jeffrey A. Berens, Gerald H. Silk, Robert P. Frutkin, Jeffrey S. Abraham, Robert D. Klausner, Michael Criden on April 14, 2009. Service was made by UPS Overnight Delivery. Document filed by California State Teachers' Retirement System, California Public Employees' Retirement System. (Jarvis, Geoffrey) (Entered: 04/14/2009)

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04/15/2009 81 DECLARATION of Stephen D. Susman in Support re: 37 MOTION to Appoint FINGER INTERESTS NUMBER ONE LTD. to serve as lead plaintiff(s). MOTION to Approve SELECTION OF COUNSEL.. Document filed by Finger Interests Number One Ltd.. (Susman, Stephen) (Entered: 04/15/2009)

04/15/2009 82 AFFIDAVIT OF SERVICE of Supplemental Declaration of Stephen D. Susman served on Defendants on 4-15-2009. Service was made by Mail. Document filed by Finger Interests Number One Ltd.. (Susman, Stephen) (Entered: 04/15/2009)

04/27/2009 83 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Support re: 39 MOTION to Consolidate Cases 1:09-cv-808; 1:09-cv-834; 1:09-cv-1174; 1:09-cv-1331; 1:09-cv-1333; 1:09-cv-1434; 1:09-cv-1561; 1:09-cv-1572; 1:09-cv-2581; 1:09-cv-2609. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel. MOTION to Appoint West Palm Beach Police Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City of Tuscaloosa, and Westmoreland County Employee Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott + Scott, LLP as Lead Counsel.. Document filed by Robert Anderson. (Gray, Christopher) Modified on 4/28/2009 (db). (Entered: 04/27/2009)

04/27/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Christopher J. Gray to RE-FILE Document 83 Response in Support of Motion. Use the event type Joinder found under the event list Other Documents. (db) (Entered: 04/28/2009)

05/15/2009 84 NOTICE of RELATED CASE. Document filed by Bank of America Corp.. (Attachments: # 1 Exhibit - A, # 2 Exhibit - B, # 3 Exhibit - C)(Hein, Peter) (Entered: 05/15/2009)

05/15/2009 85 CERTIFICATE OF SERVICE of Notice of Related Case on 5/15/2009. Document filed by Bank of America Corp.. (Hein, Peter) (Entered: 05/15/2009)

06/10/2009 CASE ACCEPTED AS RELATED. Create association to 1:09-md-02058-DC. (mbe) (Entered: 06/12/2009)

06/10/2009 CONSOLIDATED MDL CASE: Create association to 1:09-md-02058-DC.. (mbe) (Entered: 06/12/2009)

06/10/2009 86 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL that pursuant to 28 U.S.C. 1407, the action(s) listed and pending be, and the same hereby are, transferred to the Southern District of New York and, with consent of that court, assigned to the Honorable Denny Chin, for coordinated or consolidated pretrial proceedings with the actions pending in that district. (Signed by MDL Panel on 6/10/2009) (mbe) (Entered: 06/12/2009)

06/30/2009 87 OPINION For the reasons set forth above, the securities, derivative, and ERISA actions are each separately consolidated. Future cases raising common questions of

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law and fact filed in this Court or transferred to this Court will also be consolidated into the appropriate consolidated case. The Public Pension Fund group is appointed lead plaintiff in the securities actions, and its choice for lead counsel is approved. The Institutional Group is appointed interim lead plaintiff in the derivative actions and KSF and Saxena White are appointed interim co-lead counsel. Harwood Feffer, Squitieri & Fearon, and Hagens Berman are appointed interim co-lead counsel in the ERISA actions. Lead counsel for each set of plaintiffs shall submit a proposed consolidation order on notice within ten days hereof. The parties shall meet and confer within twenty days hereof to agree upon an initial case management order for submission to the Court, for its approval. They shall appear at a pre-trial conference on July 29, 2009, at 10 a.m. in Courtroom 11A. SO ORDERED. ( Pretrial Conference set for 7/29/2009 at 10:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge Denny Chin.) (Signed by Judge Denny Chin on 6/30/2009) Filed In Associated Cases: 1:09-md-02058-DC et al.(jmi) (Entered: 07/01/2009)

07/10/2009 88 NOTICE OF APPEARANCE by Melinda D. Rodon on behalf of Public Pension Funds Filed In Associated Cases: 1:09-md-02058-DC et al.(Rodon, Melinda) (Entered: 07/10/2009)

07/20/2009 89 NOTICE OF APPEARANCE by Sharan Nirmul on behalf of Public Pension Funds Filed In Associated Cases: 1:09-md-02058-DC et al.(Nirmul, Sharan) (Entered: 07/20/2009)

07/22/2009 90 NOTICE OF MOTION AND MOTION for David Kessler to Appear Pro Hac Vice. Document filed by The Public Pension Fund Group, Public Pension Funds.Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/24/2009)

07/22/2009 91 NOTICE OF MOTION AND MOTION for Richard A. Russo, Jr. to Appear Pro Hac Vice. Document filed by The Public Pension Fund Group, Public Pension Funds. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC (rjm) (Entered: 07/24/2009)

07/22/2009 92 NOTICE OF MOTION AND MOTION for Gregory M. Castaldo to Appear Pro Hac Vice. Document filed by The Public Pension Fund Group, Public Pension Funds. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC (rjm) (Entered: 07/24/2009)

07/22/2009 93 NOTICE OF MOTION AND MOTION for Jennifer L. Joost to Appear Pro Hac Vice. Document filed by The Public Pension Fund Group, Public Pension Funds. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC (rjm) (Entered: 07/24/2009)

07/27/2009 97 NOTICE OF MOTION for Sean M. Handler to Appear Pro Hac Vice. Document filed by The Public Pension Fund Group, Public Pension Funds.Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/30/2009)

07/29/2009 CONSOLIDATED MEMBER CASE: Create association to 1:09-md-02058-DC.. (jmi) (Entered: 07/30/2009)

07/29/2009 94 CONSOLIDATION ORDER Pursuant to Fed. R. Civ. P. 42(a), Section 27 (a) (3) (B) of the Securities Act of 1933 (the "Securities Act II), 15 U.S.C. § 77z-1 (a) (3) (B), and Section 21D(a) (3) (B) of the Securities Exchange Act of 1934 (the Exchange Act"), 15 U.S.C. § 78u-4 (a) (3) (B), the Securities Actions are consolidated into

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Master File No. 09 MDL 2058 (DC) for all purposes including, but not limited to, pretrial proceedings (including any discovery), and any trial (the Consolidated Securities Action). However, Bahnmaier, as an individual action, is consolidated for pretrial proceedings only pursuant to 28 U.S.C. § 1407(a) and Fed. R. Civ. P. 42 (a). The docket in Master File No. 09 MDL 2058 DC shall constitute the Master Docket for the Securities Actions. A copy of this Order shall be placed In all dockets identified on pages 1 and 2 herein. The Clerk of this Court is directed to close each of those dockets, other than the docket in Master File No. 09 MDL 2058 (DC), and the docket in Bahnmaier v. Bank of America Corp., et al., No. 09 Civ. 5411. In accordance with the MDL Order, and prior decisions and orders of this Court, the Securities Actions shall be coordinated with the related Derivative and ERISA actions in Master File No. 09 MDL 2058 (DC) for pretrial purposes in the Southern District of New York before the Honorable Denny Chin. SO ORDERED. (Signed by Judge Denny Chin on 7/29/2009) Filed In Associated Cases: 1:09-md-02058-DC et al.(jmi) (Entered: 07/30/2009)

07/29/2009 95 INITIAL CASE MANAGEMENT ORDER. THEREFORE, it is hereby ordered that: 1. Consolidated Complaints: The Court-appointed lead plaintiff in the Consolidated Securities Action shall file its Amended and Consolidated Complaint on or before September 25, 2009. The Court- appointed interim lead plaintiff in the Consolidated Derivative Action and interim co-lead counsel in the Consolidated ERISA Action shall file their respective Amended and Consolidated Complaints, and Plaintiff Bahnmaier shall file his individual amended complaint, on or before October 9, 2009. 2. Pre-Motion Conference: No pre-motion conference is required with respect to any motion(s) to dismiss any of the Amended and Consolidated Complaints or the Bahnmaier amended complaint. 3. Motion(s) To Dismiss: With respect to the Consolidated Securities Action, any motion to dismiss the Amended and Consolidated Complaint shall be filed by Defendants on or before November 24, 2009. If any such motion is filed, the Court-appointed lead plaintiff in the Consolidated Securities Action shall file its opposition brief on or before January 25, 2010. Defendants' reply brief shall be filed on or before March 11, 2010. With respect to the Consolidated Derivative Action, Consolidated ERISA Action, and the Bahnmaier action, any motion(s) to dismiss shall be filed by Defendants on or before December 8, 2009. If any such motion is filed, the opposing party in the relevant action shall file its opposition brief(s) on or before February 8, 2010, and Defendants' reply brief(s) shall be filed on or before March 25, 2010. 4. Additional Case Management Order: Within thirty (30) days of the Court's decision on any of the motion(s) to dismiss, the parties in the Consolidated Actions shall submit an additional proposed case management order governing further proceedings, if necessary. Amended Pleadings due by 10/9/2009. Motions due by 12/8/2009. Responses due by 2/8/2010. Replies due by 3/25/2010. (Signed by Judge Denny Chin on 7/29/09) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 07/30/2009)

07/30/2009 96 ORDER. By letter dated July 15, 2009, counsel for the California Public Employees' Retirement System ("CalPERS") requested a pre-motion conference to discuss moving for certification of this Court's June 30, 2009 Opinion for discretionary interlocutory appeal under 28 U.S.C. § 1292(b). The three-page, single-spaced letter sets forth CalPERS' arguments in detail. By letter dated July 17, 2009, counsel for lead plaintiffs opposed. The Court had scheduled a conference for July 29, 2009 to discuss a number of matters, and the Court had planned to discuss this proposed motion at the conference. Counsel for CalPERS, however, did not appear. At the conclusion of the

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conference, I stated that I would issue a scheduling order, but upon reflection, I have determined that further briefing is not necessary. The Court treats the July 15, 2009 letter as a motion for certification pursuant to § 1292(b). The motion is denied. First, there are no significant issues of law, and CalPERS is really challenging not the Court's interpretation of the law but the Court's application of the law to the facts. In fact, it is not uncommon for investors to form a group to be proposed as a lead plaintiff. See, e.g., In re Oxford Health Plans, Inc., 182 F.R.D. 51, 52 (S.D.N.Y. 1998) (denying request to certify decision for interlocutory review as PSLRA permits appointment of groups, including groups of unrelated parties, as lead plaintiff). Second, appointment of a lead plaintiff is a "preliminary procedural matter unrelated to the merits." Id. at 54-55. Thus certification to the Second Circuit on the questions proposed by CalPERS would not involve a "controlling question of law," nor would it "materially advance the ultimate termination of this litigation." II § 1292 (b) (1), (3). Leave to appeal is unwarranted here. See In re Citigroup Pension Plan ERISA Litig., No. 05 Civ. 5296 (SAS), 2007 WL 1074912, at *2 (S.D.N.Y. April 4, 2007) ("leave to appeal is warranted only when the movant demonstrates the existence of exceptional circumstances sufficient to overcome the general aversion to piecemeal litigation") (internal quotation marks and citations omitted). (Signed by Judge Denny Chin on 7/30/09) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 07/30/2009)

07/31/2009 98 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Richard A. Russo, Jr. is admitted to practice pro hac vice as counsel for the Lead Plaintiffs and the Proposed Class in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. in case 1:09-cv-00580-DC; granting (9) Motion for Richard A. Russo, Jr. to Appear Pro Hac Vice in case 1:09-md-02058-DC. (Signed by Judge Denny Chin on 7/30/09) Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/31/2009)

07/31/2009 Transmission to Attorney Admissions Clerk. Transmitted re: (21 in 1:09-md-02058-DC, 98 in 1:09-cv-00580-DC) Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/31/2009)

07/31/2009 99 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Gregory M. Castaldo for The Public Pension Fund Group, Public Pension Funds admitted Pro Hac Vice., Motions terminated: (10 in 1:09-md-02058-DC) MOTION for Gregory M. Castaldo to Appear Pro Hac Vice. filed by The Public Pension Fund Group, Public Pension Funds. (Signed by Judge Denny Chin on 7/30/09) Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/31/2009)

07/31/2009 Transmission to Attorney Admissions Clerk. Transmitted re: (99 in 1:09-cv-00580-DC, 99 in 1:09-cv-00580-DC, 22 in 1:09-md-02058-DC, 22 in 1:09-md-02058-DC) Order Admitting Attorney Pro Hac Vice, Terminate Motions, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/31/2009)

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07/31/2009 100 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jennifer L. Joost for The Public Pension Fund Group, Public Pension Funds admitted Pro Hac Vice., Motions terminated: (11 in 1:09-md-02058-DC) MOTION for Jennifer L. Joost to Appear Pro Hac Vice. filed by The Public Pension Fund Group, Public Pension Funds. (Signed by Judge Denny Chin on 7/30/09) Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/31/2009)

07/31/2009 Transmission to Attorney Admissions Clerk. Transmitted re: (23 in 1:09-md-02058-DC, 23 in 1:09-md-02058-DC, 100 in 1:09-cv-00580-DC, 100 in 1:09-cv-00580-DC) Order Admitting Attorney Pro Hac Vice, Terminate Motions, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/31/2009)

08/10/2009 101 ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE granting 97 Motion for Maya S. Saxena to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 8/10/2009) (jpo) (Entered: 08/10/2009)

08/10/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 101 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) (Entered: 08/10/2009)

08/10/2009 102 ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE: The motion for admission to practice pro hac vice in the above captioned proceedings is granted. The admitted attorney, Joseph E. White, III is permitted to argue or try these particular proceedings in whole or in part as counsel advocate. (Signed by Judge Denny Chin on 8/10/2009) (jpo) (Entered: 08/10/2009)

08/10/2009 103 ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE: The motions for admission to practice is granted. The admitted attorney, Lester Hooker, is permitted to argue or try these particular proceedings in whole or in part as counsel or advocate. (Signed by Judge Denny Chin on 8/10/2009) (jpo) (Entered: 08/10/2009)

08/10/2009 104 ORDER FOR ADMISSION PRO HAC VICE: Attorney Sean M. Handler for The Public Pension Fund Group and Public Pension Funds admitted Pro Hac Vice. (Signed by Judge Denny Chin on 8/10/2009) (jpo) (Entered: 08/10/2009)

08/10/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 104 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) (Entered: 08/10/2009)

10/01/2009 105 NOTICE OF APPEARANCE by Kenneth Mark Rehns on behalf of Mark Adams, Mark Adams, Mark Adams Filed In Associated Cases: 1:09-md-02058-DC et al.(Rehns, Kenneth) (Entered: 10/01/2009)

11/16/2009 106 ENDORSED LETTER addressed to Judge Denny Chin from Robert N. Kaplan dated 11/12/09 re: The Court's Initial Case Management Order dated July 29, 2009 (the "CMO") provided for Defendants to move to dismiss by November 24, 2009, Lead Plaintiffs' opposition to be filed January 25, 2010, and for Defendants' reply briefs to be filed by March 11, 2010. The new schedule to which the parties have agreed provides for Defendants' motions to be filed by November 24, 2009, Lead Plaintiffs' opposition to be filed by December 18, 2009, and for Defendants' replies to be filed by January 26, 2010. The new schedule, assuming it is approved by the Court, will shorten the current briefing schedule by more than six weeks. ENDORSEMENT:

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Approved. The new, agreed upon schedule is adopted by the Court. So Ordered., (Motions due by 11/24/2009., Replies due by 1/26/2010., Responses due by 12/18/2009) (Signed by Judge Denny Chin on 11/16/09) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 11/17/2009)

11/17/2009 107 NOTICE OF APPEARANCE by Hae Sung Nam on behalf of Public Pension Funds Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(Nam, Hae Sung) (Entered: 11/17/2009)

11/24/2009 108 NOTICE OF APPEARANCE by Jonathan Ezra Goldin on behalf of William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Joe L. Price, Banc of America Securities L.L.C., Kenneth D. Lewis (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:09-md-02058-DC et al.(Goldin, Jonathan) (Entered: 11/24/2009)

11/24/2009 109 MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by John A. Thain, John Thain, Jonathan Alexander Thain, Jonathan A. Thain.Filed In Associated Cases: 1:09-md-02058-DC et al.(Hoffner, David) (Entered: 11/24/2009)

11/24/2009 110 MEMORANDUM OF LAW in Support re: (25 in 1:09-cv-02350-DC, 15 in 1:09-cv-05411-DC, 36 in 1:09-cv-01463-DC, 37 in 1:09-cv-00740-DC-RLE, 37 in 1:09-cv-01612-DC, 12 in 1:09-cv-05410-DC, 47 in 1:09-cv-00606-DC, 14 in 1:09-cv-01941-DC, 28 in 1:09-cv-00638-DC, 38 in 1:09-cv-00881-DC, 39 in 1:09-cv-00928-DC, 59 in 1:09-md-02058-DC, 109 in 1:09-cv-00580-DC) MOTION to Dismiss.. Document filed by John A. Thain, John Thain, Jonathan Alexander Thain, Jonathan A. Thain. Filed In Associated Cases: 1:09-md-02058-DC et al.(Hoffner, David) (Entered: 11/24/2009)

11/24/2009 111 DECLARATION of David S. Hoffner in Support re: (25 in 1:09-cv-02350-DC, 36 in 1:09-cv-01463-DC, 37 in 1:09-cv-00740-DC-RLE, 37 in 1:09-cv-01612-DC, 12 in 1:09-cv-05410-DC, 47 in 1:09-cv-00606-DC, 14 in 1:09-cv-01941-DC, 28 in 1:09-cv-00638-DC, 38 in 1:09-cv-00881-DC, 39 in 1:09-cv-00928-DC, 59 in 1:09-md-02058-DC, 109 in 1:09-cv-00580-DC) MOTION to Dismiss.. Document filed by John A. Thain, John Thain, Jonathan Alexander Thain. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:09-md-02058-DC et al.(Hoffner, David) (Entered: 11/24/2009)

11/24/2009 112 MOTION to Dismiss., MOTION to Dismiss for Lack of Jurisdiction.( Responses due by 12/18/2009) Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Banc of America Securities L.L.C., Bank of America, Kenneth D. Lewis.Filed In Associated Cases: 1:09-md-02058-DC et al.(Hein, Peter) (Entered: 11/24/2009)

11/24/2009 113 DECLARATION of Jonathan E. Goldin in Support re: (20 in 1:09-cv-01056-DC, 20 in 1:09-cv-01056-DC, 62 in 1:09-md-02058-DC, 62 in 1:09-md-02058-DC, 17 in

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1:09-cv-05411-DC, 17 in 1:09-cv-05411-DC, 15 in 1:09-cv-05410-DC, 15 in 1:09-cv-05410-DC, 6 in 1:09-cv-06305-DC, 6 in 1:09-cv-06305-DC, 35 in 1:09-cv-01331-DC, 35 in 1:09-cv-01331-DC, 31 in 1:09-cv-01174-DC, 31 in 1:09-cv-01174-DC, 17 in 1:09-cv-01941-DC, 17 in 1:09-cv-01941-DC, 17 in 1:09-cv-02609-DC, 17 in 1:09-cv-02609-DC, 53 in 1:09-cv-00851-DC, 53 in 1:09-cv-00851-DC, 30 in 1:09-cv-02674-DC, 30 in 1:09-cv-02674-DC, 24 in 1:09-cv-00880-DC, 24 in 1:09-cv-00880-DC, 33 in 1:09-cv-01561-DC, 33 in 1:09-cv-01561-DC, 34 in 1:09-cv-00834-DC, 34 in 1:09-cv-00834-DC, 21 in 1:09-cv-02581-DC, 21 in 1:09-cv-02581-DC, 31 in 1:09-cv-00914-DC, 31 in 1:09-cv-00914-DC, 10 in 1:09-cv-00720-GBD, 10 in 1:09-cv-00720-GBD, 31 in 1:09-cv-00638-DC, 31 in 1:09-cv-00638-DC, 41 in 1:09-cv-00881-DC, 41 in 1:09-cv-00881-DC, 40 in 1:09-cv-00740-DC-RLE, 40 in 1:09-cv-00740-DC-RLE, 31 in 1:09-cv-02389-DC, 31 in 1:09-cv-02389-DC, 50 in 1:09-cv-00606-DC, 50 in 1:09-cv-00606-DC, 26 in 1:09-cv-01606-DC, 26 in 1:09-cv-01606-DC, 31 in 1:09-cv-01177-DC, 31 in 1:09-cv-01177-DC, 112 in 1:09-cv-00580-DC, 112 in 1:09-cv-00580-DC, 36 in 1:09-cv-00808-DC, 36 in 1:09-cv-00808-DC, 42 in 1:09-cv-00928-DC, 42 in 1:09-cv-00928-DC, 30 in 1:09-cv-01333-DC, 30 in 1:09-cv-01333-DC, 25 in 1:09-cv-01572-DC, 25 in 1:09-cv-01572-DC, 39 in 1:09-cv-01463-DC, 39 in 1:09-cv-01463-DC, 28 in 1:09-cv-02350-DC, 28 in 1:09-cv-02350-DC, 40 in 1:09-cv-01434-DC, 40 in 1:09-cv-01434-DC, 40 in 1:09-cv-01612-DC, 40 in 1:09-cv-01612-DC) MOTION to Dismiss. MOTION to Dismiss for Lack of Jurisdiction.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Neil A. Cotty, Joe L. Price, Banc of America Securities L.L.C., Bank of America, Kenneth D. Lewis. (Attachments: # 1 Exhibit Exhibits 1-5, # 2 Exhibit Exhibits 6-20, # 3 Exhibit Exhibits 21-30, # 4 Exhibit Exhibits 31-50, # 5 Exhibit Exhibits 51-64)Filed In Associated Cases: 1:09-md-02058-DC et al.(Goldin, Jonathan) (Entered: 11/24/2009)

11/24/2009 114 MEMORANDUM OF LAW in Support re: (20 in 1:09-cv-01056-DC, 20 in 1:09-cv-01056-DC, 34 in 1:09-cv-00834-DC, 34 in 1:09-cv-00834-DC, 21 in 1:09-cv-02581-DC, 21 in 1:09-cv-02581-DC, 31 in 1:09-cv-00914-DC, 31 in 1:09-cv-00914-DC, 10 in 1:09-cv-00720-GBD, 10 in 1:09-cv-00720-GBD, 62 in 1:09-md-02058-DC, 62 in 1:09-md-02058-DC, 31 in 1:09-cv-00638-DC, 31 in 1:09-cv-00638-DC, 41 in 1:09-cv-00881-DC, 41 in 1:09-cv-00881-DC, 40 in 1:09-cv-00740-DC-RLE, 40 in 1:09-cv-00740-DC-RLE, 31 in 1:09-cv-02389-DC, 31 in 1:09-cv-02389-DC, 50 in 1:09-cv-00606-DC, 50 in 1:09-cv-00606-DC, 17 in 1:09-cv-05411-DC, 17 in 1:09-cv-05411-DC, 26 in 1:09-cv-01606-DC, 26 in 1:09-cv-01606-DC, 15 in 1:09-cv-05410-DC, 15 in 1:09-cv-05410-DC, 31 in 1:09-cv-01177-DC, 31 in 1:09-cv-01177-DC, 112 in 1:09-cv-00580-DC, 112 in 1:09-cv-00580-DC, 6 in 1:09-cv-06305-DC, 6 in 1:09-cv-06305-DC, 36 in 1:09-cv-00808-DC, 36 in 1:09-cv-00808-DC, 42 in 1:09-cv-00928-DC, 42 in 1:09-cv-00928-DC, 35 in 1:09-cv-01331-DC, 35 in 1:09-cv-01331-DC, 31 in 1:09-cv-01174-DC, 31 in 1:09-cv-01174-DC, 30 in 1:09-cv-01333-DC, 30 in 1:09-cv-01333-DC, 17 in 1:09-cv-01941-DC, 17 in 1:09-cv-01941-DC, 25 in 1:09-cv-01572-DC, 25 in 1:09-cv-01572-DC, 17 in 1:09-cv-02609-DC, 17 in 1:09-cv-02609-DC, 39 in 1:09-cv-01463-DC, 39 in 1:09-cv-01463-DC, 53 in 1:09-cv-00851-DC, 53 in 1:09-cv-00851-DC, 28 in 1:09-cv-02350-DC, 28 in 1:09-cv-02350-DC, 40 in 1:09-cv-01434-DC, 40 in 1:09-cv-01434-DC, 30 in 1:09-cv-02674-DC, 30 in 1:09-cv-02674-DC, 40 in 1:09-cv-01612-DC, 40 in 1:09-cv-01612-DC, 24 in 1:09-cv-00880-DC, 24 in 1:09-cv-00880-DC, 33 in 1:09-cv-01561-DC, 33 in 1:09-cv-01561-DC) MOTION

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to Dismiss. MOTION to Dismiss for Lack of Jurisdiction.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Joe L. Price, Banc of America Securities L.L.C., Bank of America, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-DC et al.(Hein, Peter) (Entered: 11/24/2009)

11/30/2009 115 LETTER addressed to Judge Denny Chin from Frederic S. Fox, Steven B. Singer, and Gregory M. Castaldo dated 10/6/2009 re: On behalf of Lead Plaintiffs in the Securities Actions and pursuant to Rule 2(A) of Your Honor's Individual Practices, we write respectfully request a pre-motion conference to seek leave to move for an order modifying the stay of discovery request a pre-motion conference to seek leave. Document filed by The Public Pension Fund Group, Public Pension Funds, The Institutional Group.Associated Cases: 1:09-md-02058-DC et al.(jmi) (Entered: 12/01/2009)

11/30/2009 116 LETTER addressed to Judge Denny Chin from Frederic S. Fox, Max W. Berger, and Gregory M. Castaldo dated 11/30/2009 re: We represent Lead Plaintiffs in the Securities Actions. We write to inform the Court of two significant developments that further support Lead Plaintiffs' October 6, 2009 letter requesting leave to move for an order modifying the PSLRA'S discovery stay, and contradict the arguments set forth in Defendants' letter of October 8, 2009. Document filed by The Public Pension Fund Group, Public Pension Funds, The Institutional Group.Associated Cases: 1:09-md-02058-DC et al.(jmi) (Entered: 12/01/2009)

12/08/2009 117 MOTION to Dismiss. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Bank of America, J. Steele Alphin, Amy Woods Brinkley, Barbara J. Desoer, Liam E. McGee, Brian T. Moynihan, Bruce L. Hammonds, Richard K. Struthers, Kenneth D. Lewis. Responses due by 2/8/2010Filed In Associated Cases: 1:09-md-02058-DC et al.(Hein, Peter) (Entered: 12/08/2009)

12/08/2009 118 MEMORANDUM OF LAW in Support re: (35 in 1:09-cv-02674-DC, 31 in 1:09-cv-01606-DC, 46 in 1:09-cv-00881-DC, 46 in 1:09-cv-01331-DC, 29 in 1:09-cv-00880-DC, 25 in 1:09-cv-01056-DC, 119 in 1:09-md-02058-DC, 32 in 1:09-cv-05411-DC, 33 in 1:09-cv-02350-DC, 34 in 1:09-cv-01572-DC, 40 in 1:09-cv-01174-DC, 36 in 1:09-cv-02389-DC, 44 in 1:09-cv-01561-DC, 36 in 1:09-cv-01177-DC, 36 in 1:09-cv-00914-DC, 39 in 1:09-cv-01333-DC, 36 in 1:09-cv-00638-DC, 55 in 1:09-cv-00606-DC, 15 in 1:09-cv-06305-DC, 31 in 1:09-cv-02609-DC, 45 in 1:09-cv-01612-DC, 35 in 1:09-cv-02581-DC, 53 in 1:09-cv-00808-DC, 117 in 1:09-cv-00580-DC, 20 in 1:09-cv-05410-DC, 45 in 1:09-cv-00740-DC-RLE, 58 in 1:09-cv-00851-DC, 44 in 1:09-cv-01463-DC, 15 in 1:09-cv-00720-GBD, 49 in 1:09-cv-01434-DC, 22 in 1:09-cv-01941-DC, 45 in 1:09-cv-00834-DC, 47 in 1:09-cv-00928-DC) MOTION to Dismiss.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., J. Steele Alphin, Amy Woods Brinkley, Barbara J. Desoer, Liam E. McGee, Brian T.

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Moynihan, Bruce L. Hammonds, Richard K. Struthers, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-DC et al.(Hein, Peter) (Entered: 12/08/2009)

12/08/2009 119 DECLARATION of Rodman K. Forter, Jr. in Support re: (35 in 1:09-cv-02674-DC, 31 in 1:09-cv-01606-DC, 29 in 1:09-cv-00880-DC, 25 in 1:09-cv-01056-DC, 119 in 1:09-md-02058-DC, 36 in 1:09-cv-02389-DC, 44 in 1:09-cv-01561-DC, 36 in 1:09-cv-00914-DC, 39 in 1:09-cv-01333-DC, 45 in 1:09-cv-01612-DC, 35 in 1:09-cv-02581-DC, 53 in 1:09-cv-00808-DC, 58 in 1:09-cv-00851-DC, 44 in 1:09-cv-01463-DC, 15 in 1:09-cv-00720-GBD, 49 in 1:09-cv-01434-DC, 22 in 1:09-cv-01941-DC, 45 in 1:09-cv-00834-DC, 47 in 1:09-cv-00928-DC, 46 in 1:09-cv-00881-DC, 46 in 1:09-cv-01331-DC, 32 in 1:09-cv-05411-DC, 33 in 1:09-cv-02350-DC, 34 in 1:09-cv-01572-DC, 40 in 1:09-cv-01174-DC, 36 in 1:09-cv-01177-DC, 36 in 1:09-cv-00638-DC, 55 in 1:09-cv-00606-DC, 15 in 1:09-cv-06305-DC, 31 in 1:09-cv-02609-DC, 117 in 1:09-cv-00580-DC, 20 in 1:09-cv-05410-DC, 45 in 1:09-cv-00740-DC-RLE) MOTION to Dismiss.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Bank of America, J. Steele Alphin, Amy Woods Brinkley, Barbara J. Desoer, Liam E. McGee, Brian T. Moynihan, Bruce L. Hammonds, Richard K. Struthers, Kenneth D. Lewis. (Attachments: # 1 Exhibit Exhibits 1-2, # 2 Exhibit 3 Part 1, # 3 Exhibit 3 Part 2, # 4 Exhibit 4, # 5 Exhibit 5-6, # 6 Exhibit Exs. 7-27)Filed In Associated Cases: 1:09-md-02058-DC et al.(Forter, Rodman) (Entered: 12/08/2009)

12/08/2009 120 CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Law in Support of Motion, Declaration in Support of Motion served on Counsel on 12/08/2008. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Bank of America, J. Steele Alphin, Amy Woods Brinkley, Barbara J. Desoer, Liam E. McGee, Brian T. Moynihan, Bruce L. Hammonds, Richard K. Struthers, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-DC et al.(Forter, Rodman) (Entered: 12/08/2009)

12/08/2009 121 MOTION to Dismiss Consolidated Derivative Actions on Behalf of Nominal Defendant Bank of America Corporation., MOTION to Dismiss for Lack of Jurisdiction.( Responses due by 2/8/2010), MOTION to Stay re: (42 in 1:09-cv-01174-DC, 121 in 1:09-md-02058-DC, 48 in 1:09-cv-01331-DC, 51 in 1:09-cv-01434-DC, 36 in 1:09-cv-01572-DC, 41 in 1:09-cv-01333-DC, 37 in 1:09-cv-02581-DC, 47 in 1:09-cv-00834-DC, 17 in 1:09-cv-06305-DC, 55 in 1:09-cv-00808-DC, 46 in 1:09-cv-01561-DC, 33 in 1:09-cv-02609-DC) Memorandum of Law in Support of Motion,,,. Document filed by Bank of America Corp., Bank of America.Filed In Associated Cases: 1:09-md-02058-DC et al.(Hein, Peter) (Entered: 12/08/2009)

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