U.S. District Court Southern District of Ohio (Cincinnati) CIVIL...

US District Court Civil Docket as of February 6, 2014 Retrieved from the court on February 10, 2014

U.S. District Court Southern District of Ohio (Cincinnati)

CIVIL DOCKET FOR CASE #: 1:12-cv-00028-MRB

Greater Pennsylvania Carpenters Pension Fund v. Chemed Corp. Date Filed: 01/12/2012 et al Jury Demand: Plaintiff Assigned to: Judge Michael R. Barrett Nature of Suit: 850 Demand: $1,000,000

Securities/Commodities related Case: 1:13-cv-00833-MRB

Jurisdiction: Federal Question Cause: 15:78m(a) Securities Exchange Act

Plaintiff

Greater Pennsylvania Carpenters represented by Ellen Gusikoff Stewart Pension Fund

Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Fainna Kagan Robbins Geller Rudman & Dowd, LLP 58 South Service Road, Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] LEAD ATTORNEY PRO HAC VICE

Jeffrey Scott Goldenberg Goldenberg Schneider, LPA One West Fourth Street 18th Floor Cincinnati, OH 45202 513-345-8291 Fax: 513-345-8294 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Michael Sprafka , III Reardon & Chasar, LPA

455 Delta Ave., Suite 108 Cincinnati, OH 45226 513-827-6136 Fax: 513-297-7900 Email: [email protected] TERMINATED: 04/03/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew Roberts Chasar Reardon & Chasar, LPA The Lincoln School 455 Delta Avenue Suite 108 Cincinnati, OH 45226 513-505-1669 Fax: 513-297-7900 Email: [email protected] TERMINATED: 04/03/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicole M. Zeiss Labaton Sucharo LLP 140 Broadway New York, NY 10005 212-907-0867 Fax: 212-883-7067 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard Stuart Wayne Strauss & Troy - 1 The Federal Reserve Building 150 E Fourth Street 4th Floor Cincinnati, OH 45202-4018 513-621-2120 Fax: 513-629-9426 Email: [email protected] TERMINATED: 02/23/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas P Glass Strauss Troy Federal Reserve Building 4th Floor 150 East Fourth Street

Cincinnati, OH 45202-4018 513-621-2120 Email: [email protected] TERMINATED: 02/23/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd B Naylor Goldenberg Schneider, LPA One West Fourth Street 18th Floor Cincinnati, OH 45202 513-345-8291 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Kendall Flynn Strauss & Troy - 1 The Federal Reserve Building 150 E Fourth Street 4th Floor Cincinnati, OH 45202-4018 513-621-2120 Fax: 513-621-2120 Email: [email protected] TERMINATED: 02/23/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol C Villegas Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0824 Fax: 212-883-7524 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher J Keller Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0853 Fax: 212-883-7053 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Ellen G. Stewart Robbins Geller Rudman & Dowd LLP 655 West Broadway Ste. 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

Evan J Kaufman Robbins Geller Rudman & Dowd, LLP 58 South Service Road, Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Gardner Labaton Sucharow, LLP 140 Broadway New York, NY 10005 212-907-0839 Fax: 212-883-7039 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Michael W Stocker Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0882 Fax: 212-883-7082 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Rachel Ann Avan Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0709 Fax: 212-883-7574 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Samuel H Rudman Robbins Geller Rudman & Dowd, LLP 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

Electrical Workers Pension Fund, Local 103, I.B.E.W.

represented by Ellen Gusikoff Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Fainna Kagan (See above for address) LEAD ATTORNEY PRO HAC VICE

Jonathan Gardner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicole M. Zeiss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ellen G. Stewart (See above for address) ATTORNEY TO BE NOTICED

Jeffrey Scott Goldenberg (See above for address)

Evan J Kaufman (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Chemed Corp. represented by Brian Scott Sullivan Dinsmore & Shohl - 1 1900 Chemed Center 255 E 5th Street

Cincinnati, OH 45202 513-977-8200 Fax: 513-977-8200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy G Cameron Cravath, Swaine & Moore, LLP Worldwide Plaza 825 Eight Avenue New York, NY 10019-7475 212-474-1000 Fax: 212-747-3700 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Kevin McNamara represented by Brian Scott Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy G Cameron (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

David Williams represented by Brian Scott Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Defendant

Tim O'Toole represented by Brian Scott Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Date Filed # Docket Text

01/12/2012 1 COMPLAINT with JURY DEMAND against Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams ( Filing fee $ 350 paid - receipt number: 0648-3490124), filed by Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Exhibit Plaintiff Certification Form, # 2 Civil Cover Sheet) (Wayne, Richard) (Entered: 01/12/2012)

01/12/2012

2 Corporate Disclosure Statement by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Wayne, Richard) (Entered: 01/12/2012)

01/12/2012

***If this case is referred, it will be to Magistrate Judge J. Gregory Wehrman. (sct1) (Entered: 01/17/2012)

01/17/2012 3 ORDER REASSIGNING CASE. Case referred to the Clerk of Courts for reassignment for all further proceedings. Judge Herman J. Weber no longer assigned to case. Signed by Judge Herman J. Weber on 1/17/12. (Case reassigned to Judge Michael R. Barrett ) (do1) (Entered: 01/17/2012)

02/06/2012

02/23/2012

02/24/2012

4 NOTICE by Plaintiff Greater Pennsylvania Carpenters Pension Fund of Withdrawal of Plaintiff's Local Counsel (Wayne, Richard) (Entered: 02/06/2012)

5 NOTICE of Appearance by Matthew Roberts Chasar for Plaintiff Greater Pennsylvania Carpenters Pension Fund (Chasar, Matthew) (Entered: 02/23/2012)

6 NOTICE of Appearance by Brian Scott Sullivan for Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams (Sullivan, Brian) (Entered: 02/24/2012)

02/24/2012 7 MOTION for Leave to Appear Pro Hac Vice of Timothy G. Cameron (Filing fee $ 200, receipt number 0648-3544719) by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams. (Sullivan, Brian) (Entered: 02/24/2012)

02/27/2012 8 CERTIFICATE OF SERVICE by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams re 6 Notice of Appearance (Sullivan, Brian) (Entered: 02/27/2012)

02/27/2012 9 ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Timothy G. Cameron for Defendants. Signed by Judge Michael R. Barrett on 2/27/12. (ba1) (Entered: 02/27/2012)

03/12/2012

10 NOTICE of Appearance by Jeffrey Scott Goldenberg for Plaintiff Greater Pennsylvania Carpenters Pension Fund (Goldenberg, Jeffrey) (Entered: 03/12/2012)

03/12/2012

11 MOTION of Electrical Workers Pension Fund, Local 103, I.B.E.W. and Greater Pennsylvania Carpenters Pension Fund for Appointment as Lead Plaintiff and Approval of Their Selection of Counsel by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order Proposed Order) (Goldenberg, Jeffrey) (Entered: 03/12/2012)

03/12/2012 12 AFFIDAVIT re 11 MOTION of Electrical Workers Pension Fund, Local 103, I.B.E.W. and Greater Pennsylvania Carpenters Pension Fund for Appointment as Lead Plaintiff and Approval of Their Selection of Counsel DECLARATION OF MICHAEL W. STOCKER by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Exhibit A: Certifications, # 2 Exhibit B: Loss Analysis, # 3 Exhibit C: Business Wire

notice, # 4 Exhibit D: Labaton Sucharow firm resume, # 5 Exhibit E: Robbins Geller Rudman & Dowd firm resume, # 6 Exhibit F: Goldenberg Schneider firm resume) (Goldenberg, Jeffrey) (Entered: 03/12/2012)

03/19/2012 13 MOTION for Leave to Appear Pro Hac Vice of Jonathan Gardner (Filing fee $ 200, receipt number 0648-3574214) by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 03/19/2012)

03/20/2012 14 ORDER granting 13 Motion for Leave to Appear Pro Hac Vice of Jonathan Gardner for Plaintiff. Signed by Judge Michael R. Barrett on 3/20/12. (ba1) (Entered: 03/20/2012)

03/20/2012 15 MOTION for Leave to Appear Pro Hac Vice of Michael W. Stocker (Filing fee $ 200, receipt number 0648-3576576) by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 03/20/2012)

03/20/2012 16 MOTION for Leave to Appear Pro Hac Vice of Rachel Ann Avan (Filing fee $ 200, receipt number 0648-3576654) by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 03/20/2012)

03/20/2012 17 MOTION for Leave to Appear Pro Hac Vice of Christopher Joseph Keller (Filing fee $ 200, receipt number 0648-3576676) by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 03/20/2012)

03/22/2012 18 ORDER granting 15 Motion for Leave to Appear Pro Hac Vice of Michael W. Stocker for Plaintiff. Signed by Judge Michael R. Barrett on 3/22/12. (ba1) (Entered: 03/22/2012)

03/22/2012 19 ORDER granting 16 Motion for Leave to Appear Pro Hac Vice of Rachel Ann Avan for Plaintiff. Signed by Judge Michael R. Barrett on 3/22/12. (ba1) (Entered: 03/22/2012)

03/22/2012 20 ORDER granting 17 Motion for Leave to Appear Pro Hac Vice of Christopher J. Keller for Plaintiff. Signed by Judge Michael R. Barrett on 3/22/12. (ba1) (Entered: 03/22/2012)

03/26/2012 21 Joint MOTION to Establish Pretrial Litigation Procedures and Filing Deadlines by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams, Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Exhibit A (Proposed Order)) (Sullivan, Brian) (Entered: 03/26/2012)

03/28/2012 NOTICE of Status Conference re 11 MOTION of Electrical Workers Pension Fund, Local 103, I.B.E.W. and Greater Pennsylvania Carpenters Pension Fund for Appointment as Lead Plaintiff and Approval of Their Selection of Counsel and 21 Joint MOTION to Establish Pretrial Litigation Procedures and Filing Deadlines; Please be aware that a Status Conference is set for 4/3/2012 at 04:00 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513- 564-7660 five minutes prior to 4:00 pm. (ba1) (Entered: 03/28/2012)

03/28/2012 22 MOTION for Leave to Appear Pro Hac Vice of Evan J. Kaufman (Filing fee $ 200, receipt number 0648-3587476) by Plaintiff Greater Pennsylvania Carpenters Pension

Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 03/28/2012)

03/28/2012 23 MOTION for Leave to Appear Pro Hac Vice of Samuel H. Rudman (Filing fee $ 200, receipt number 0648-3587544) by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 03/28/2012)

03/30/2012

03/30/2012

04/02/2012

24 ORDER granting 22 Motion for Leave to Appear Pro Hac Vice of Evan J. Kaufman for Plaintiff. Signed by Judge Michael R. Barrett on 3/30/12. (ba1) (Entered: 03/30/2012)

25 ORDER granting 23 Motion for Leave to Appear Pro Hac Vice of Samuel H. Rudman for Plaintiff. Signed by Judge Michael R. Barrett on 3/30/12. (ba1) (Entered: 03/30/2012)

26 NOTICE by Plaintiff Greater Pennsylvania Carpenters Pension Fund of Substitution of Counsel (Goldenberg, Jeffrey) (Entered: 04/02/2012)

04/02/2012 27 MOTION for Leave to Appear Pro Hac Vice of Carol C. Villegas (Filing fee $ 200, receipt number 0648-3593479) by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 04/02/2012)

04/03/2012

04/03/2012

04/04/2012

NOTICE re Notice of Status Conference: Please be aware that the 4/3/12 Status Conference re: 11 Motion for Appointment as Lead Plaintiff and Approval of Counsel and 21 Joint Motion to Establish Pretrial Litigation Procedures is temporarily suspended subject to resetting; parties to provide the court with a new date/time as soon as possible. (ba1) (Entered: 04/03/2012)

NOTICE of Status Conference re 11 MOTION of Electrical Workers Pension Fund, Local 103, I.B.E.W. and Greater Pennsylvania Carpenters Pension Fund for Appointment as Lead Plaintiff and Approval of Their Selection of Counsel and 21 Joint MOTION to Establish Pretrial Litigation Procedures and Filing Deadlines are now reset for 4/6/2012 at 02:30 PM and remain set by teleconference before Judge Michael R. Barrett; parties are reminded to initiate contact with the Court by calling 513-564- 7660 five minutes prior to 2:30 pm. (ba1) (Entered: 04/03/2012)

28 ORDER granting 27 Motion for Leave to Appear Pro Hac Vice of Carol C. Villegas for Plaintiff. Signed by Judge Michael R. Barrett on 4/4/12. (ba1) (Entered: 04/04/2012)

04/06/2012 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/6/2012; Jeffrey Goldenberg, Michael Stocker, Jonathan Gardner, and Evan Kaufman appeared for Plaintiff; Brian Sullivan and Timothy Cameron appeared for Defendants; no objection to the granting of 11 or 21 Motions to Approval Counsel and Establish a Litigation Plan - order to follow; a follow up Status Conference is set for 6/26/2012 at 09:30 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to to 9:30 am. (ba1) (Entered: 04/06/2012)

04/09/2012

29 ORDER granting 11 Motion Appoint as Lead Plaintiff and Approval of Selection of Counsel. Signed by Judge Michael R. Barrett on 4/9/12. (ba1) (Entered: 04/09/2012)

04/09/2012 30 ORDER granting 21 Joint MOTION to Establish Pretrial Litigation Procedures and Filing Deadlines filed by Kevin McNamara, Greater Pennsylvania Carpenters Pension

Fund, Chemed Corp., Tim O'Toole, David Williams; Amended Complaint due 6/11/12; Status Conference is set for 6/26/2012 at 09:30 AM by teleconference before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 4/9/12. (ba1) (Entered: 04/09/2012)

06/05/2012 31 Unopposed MOTION for Extension of Time New date requested 6/18/2012. To File Amended Complaint by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Text of Proposed Order) (Goldenberg, Jeffrey) (Entered: 06/05/2012)

06/07/2012 32 ORDER granting 31 Unopposed MOTION for Extension of Time To File Amended Complaint filed by Greater Pennsylvania Carpenters Pension Fund until 6/18/12; Defendants' answers due 8/17/2012. Signed by Judge Michael R. Barrett on 6/7/12. (ba1) (Entered: 06/07/2012)

06/12/2012 33 MOTION for Leave to Appear Pro Hac Vice of Fainna Kagan (Filing fee $ 200, receipt number 0648-3680072) by Plaintiff Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 06/12/2012)

06/18/2012 34 AMENDED COMPLAINT against Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams, filed by Greater Pennsylvania Carpenters Pension Fund, Electrical Workers Pension Fund, Local 103, I.B.E.W.. (Kaufman, Evan) (Entered: 06/18/2012)

06/19/2012 35 ORDER granting 33 Motion for Leave to Appear Pro Hac Vice of Fainna Kagan for Plaintiffs. Signed by Judge Michael R. Barrett on 6/19/12. (ba1) (Entered: 06/19/2012)

06/26/2012 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/26/2012; Jeff Goldenberg, Fainna Kagan, Brian Kaufman appeared for Plaintiff; Brian Sullivan and Timonthy Cameron appeared for Defendant; Mark Goldman appeared as lead counsel; this matter to continue with filing of motion to dismiss by 8/17/12; a follow up conference will be set following the briefing period. (ba1) (Entered: 06/26/2012)

08/15/2012 36 MOTION for Leave to File Excess Pages by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams. (Sullivan, Brian) (Entered: 08/15/2012)

08/15/2012 37 Corporate Disclosure Statement by Defendant Chemed Corp.. (Sullivan, Brian) (Entered: 08/15/2012)

08/16/2012 38 ORDER granting 36 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 8/16/12. (ba1) (Entered: 08/16/2012)

08/17/2012 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams. Responses due by 9/10/2012 (Attachments: # 1 Affidavit Declaration of Timothy G. Cameron in Support of Defendants' Motions to Dismiss Plaintiffs' Amended Complaint with Exhibits 1-12, # 2 Text of Proposed Order) (Sullivan, Brian) (Entered: 08/17/2012)

10/16/2012 40 RESPONSE in Opposition re 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint filed by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania Carpenters Pension Fund. (Gardner, Jonathan) (Entered: 10/16/2012)

11/08/2012

41

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint , 40 Response in Opposition to Motion, 30 Order, Terminate Motions, Set Hearings,,, New date requested 11/26/2012. (In Further Support of Their Motion to Dismiss) by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams. (Sullivan, Brian) (Entered: 11/08/2012)

11/14/2012 42 ORDER granting 41 Motion for Extension of Time to File Response/Reply re 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint ; Replies due by 11/26/2012. Signed by Judge Michael R. Barrett on 11/14/12. (ba1) (Entered: 11/14/2012)

11/26/2012 43 REPLY to Response to Motion re 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint , 41 Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint , 40 Response in Opposition to Motion, 30 Order, Terminate Motions, Set He filed by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams. (Attachments: # 1 Exhibit Declaration of Brian S. Sullivan, # 2 Exhibit 1 to Declaration of Brian S. Sullivan, # 3 Exhibit 2 to Declaration of Brian S. Sullivan, # 4 Exhibit 3 to Declaration of Brian S. Sullivan, # 5 Exhibit 4 to Declaration of Brian S. Sullivan) (Sullivan, Brian) (Entered: 11/26/2012)

02/05/2013 NOTICE of Hearing: Please be aware that a Status Conference set for 3/4/2013 at 09:30 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 9:30 am (ba1) (Entered: 02/05/2013)

02/21/2013 NOTICE: Please be aware that the parties agree that the status conference set for 3/4/13 should be VACATED and is subject to resetting following the ruling on the pending 39 Motion to Dismiss. (ba1) (Entered: 02/21/2013)

05/03/2013 44 NOTICE by Plaintiff Greater Pennsylvania Carpenters Pension Fund of Litigation Recently Filed by United States Department of Justice (Attachments: # 1 Exhibit 1: United States of America v. Vitas Hospice Services, et al. Complaint) (Goldenberg, Jeffrey) (Entered: 05/03/2013)

05/13/2013 45 REPLY to Response to Motion re 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint (Response to Plaintiffs' Notice of Litigation and Notice of Recent Developments and in Further Support ofDefendants' motions to Dismiss Plaintiffs' Amended Complaint filed by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams. (Attachments: # 1 Exhibit 1 - USA v. Vitas Healthcare Corporation Notice of Vountary Dismissal by Relator Michael A. Rehfeldt, # 2 Exhibit 2 - USA v. Vitas Health Corporation - USA's Consent to Relator's Dismissal of Civil Action, # 3 Exhibit 3 - USA v. Vitas Healthcare Corporation - Order signed by Judge Jane Boyle) (Sullivan, Brian) (Entered: 05/13/2013)

05/15/2013 46 RESPONSE to Motion re 39 MOTION to Dismiss Defendants' Motions to Dismiss Plaintiffs' Amended Complaint filed by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania Carpenters Pension Fund. (Goldenberg, Jeffrey) (Entered: 05/15/2013)

06/07/2013 47 MOTION for Leave to File [Proposed] Second Amended Complaint by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania

Carpenters Pension Fund. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1: Declaration of Jeffrey S. Goldenberg, # 3 Exhibit A to Declaration: Proposed Second Amended Complaint, # 4 Exhibit A-1 to Declaration: DOJ Complaint, # 5 Exhibit B to Declaration: Redlined Proposed Second Amended Complaint, # 6 Exhibit C to Declaration: Electronic Order entered on 3/11/13 in Edwards v. Satcon Technology Corp., # 7 Exhibit 2: Proposed Order) (Goldenberg, Jeffrey) (Entered: 06/07/2013)

07/01/2013 48 RESPONSE in Opposition re 47 MOTION for Leave to File [Proposed] Second Amended Complaint filed by Defendants Chemed Corp., Kevin McNamara, Tim O'Toole, David Williams. (Sullivan, Brian) (Entered: 07/01/2013)

07/18/2013 49 REPLY to Response to Motion re 47 MOTION for Leave to File [Proposed] Second Amended Complaint filed by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania Carpenters Pension Fund. (Goldenberg, Jeffrey) (Entered: 07/18/2013)

07/25/2013 NOTICE of Hearing: Please be aware that a Status Conference is set for 9/27/2013 at 10:30 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 10:30 am. (ba1) Modified typo on 7/26/2013 (mtw). (Entered: 07/25/2013)

08/29/2013 50 NOTICE: Telephone Conference set for 9/27/2013 AT 10:30 AM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. (ba1) (Entered: 08/29/2013)

09/27/2013 NOTICE of Hearing: Please be aware that due to the Court's trial schedule, the Status Conference set for 9/27/13 is RESET to 11/12/2013 at 01:30 PM and remains set by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm. (ba1) (Entered: 09/27/2013)

11/12/2013 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/12/2013; Evan Kaufman, Jeffrey Goldenberg and Nichole Zeiss appeared for Plaintiff; Brian Sullivan and Timothy Cameron appeared for Defendant; approval scheduling to follow. (ba1) (Entered: 11/12/2013)

11/13/2013 51 MOTION for Leave to Appear Pro Hac Vice of Nicole M. Zeiss (Filing fee $ 200, receipt number 0648-4337815) by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 11/13/2013)

11/21/2013 52 ORDER granting 51 Motion for Leave to Appear Pro Hac Vice of Nicole M. Zeiss for Plaintiffs. Signed by Judge Michael R. Barrett on 11/21/13. (ba1) (Entered: 11/21/2013)

01/16/2014 53 MOTION for Leave to Appear Pro Hac Vice of Ellen Gusikoff Stewart (Filing fee $ 200, receipt number 0648-4410467) by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Certificate of Good Standing) (Goldenberg, Jeffrey) (Entered: 01/16/2014)

01/21/2014 54 ORDER granting 53 Motion for Leave to Appear Pro Hac Vice of Ellen Gusikoff Stewart for Plaintiffs. Signed by Judge Michael R. Barrett on 1/20/14. (ba1) (Entered: 01/21/2014)

02/06/2014 55 Unopposed MOTION for Settlement Preliminary Approval by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Memorandum of Law in Support, # 2 Exhibit 1 to Memorandum: Robbins Geller firm resume, # 3 Exhibit 2 to Memorandum: Labaton Sucharow firm resume, # 4 Text of Proposed Order) (Gusikoff Stewart, Ellen) (Entered: 02/06/2014)

02/06/2014 56 SETTLEMENT AGREEMENT by Plaintiffs Electrical Workers Pension Fund, Local 103, I.B.E.W., Greater Pennsylvania Carpenters Pension Fund. (Attachments: # 1 Exhibit A: Order Granting Preliminary Approval, # 2 Exhibit A-1: Notice of Pendency, # 3 Exhibit A-2: Proof of Claim, # 4 Exhibit A-3: Summary Notice, # 5 Exhibit A-4: Second Amended Complaint, # 6 Exhibit B: Judgment) (Gusikoff Stewart, Ellen) (Entered: 02/06/2014)

Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html

U.S. District Court Southern District of Ohio (Cincinnati) CIVIL...

Documents

Transcript of U.S. District Court Southern District of Ohio (Cincinnati) CIVIL...