U.S. District Court Western District of North Carolina...

US District Court Civil Docket as of February 5, 2014 Retrieved from the court on February 6, 2014

U.S. District Court Western District of North Carolina (Charlotte)

CIVIL DOCKET FOR CASE #: 3:12-md-02384-GCM

Russell et al v. Swisher Hygiene, Inc. et al Date Filed: 08/14/2012 Assigned to: Senior Judge Graham Mullen Jury Demand: Plaintiff Cause: 28:1331 Fed. Question: Securities Violation Nature of Suit: 850

Securities/Commodities Jurisdiction: Federal Question

In Re

Swisher Hygiene, Inc., Securities and Derivative Litigation

Plaintiff

Norman Russell represented by Gary W. Jackson Case No. 3:12cv216

The Jackson Law Group, PLLC 225 E. Worthington Avenue, Suite 200 Charlotte, NC 28203 704-377-6680 Fax: 704-377-6690 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy Allan Lieberman Pomerantz Haudek Grossman & Gross LLP 100 Park Avenue 26th Floor New York, NY 10017 2126611100 Fax: 2126618665 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

Michael C. Birch

represented by Gary W. Jackson Case No. 3:12cv221

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

represented by Gary W. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



represented by Brian Philip Murray Murray Frank LLP 275 Madison Avenue, Ste. 801 New York, NY 10016 212-682-1818 Fax: 212-682-1892 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory Bradley Linkh Murray Frank LLP 275 Madison Avenue, Ste. 801 New York, NY 10016 (212) 682-1818 Fax: (212) 682-1892 TERMINATED: 02/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lionel Z. Glancy Glancy Binkow & Goldberg LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Goldberg

Plaintiff

Lisa M. Birch Case No. 3:12cv221

Plaintiff

Michael B. Cohen Case No. 3:12cv256

Plaintiff

Timothy J. Falk Case No. 3:12cv330

Plaintiff

Bruce James Case No. 3:12cv2385

Glancy Binkow & Goldberg LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert V. Prongay Glancy Binkow & Goldberg LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Tom Borthwick

represented by Norris Arden Adams , II Case No. 3:13-cv-00449

1701 South Blvd. Essex Richards, P.A. Charlotte, NC 28203 704-377-4300 Fax: 704-372-1357 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Glen Miller represented by Alfred J. Bennington , Jr. Case No. 3:14cv2387

Shutts & Bowen LLP 300 S. Orange Avenue, Suite 1000 Orlando, FL 32801 407-835-6755 Fax: 407-849-7255 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric C. Christu Shutts & Bowen LLP 525 Okeechobee Boulevard, Suite 1100 West Palm Beach, FL 334-1 561-650-8556 Fax: 561-671-5900 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Krista Sue Kovalcin Shutts & Bowen LLP 200 East Broward Boulevard, Suite 2100 Fort Lauderdale, FL 33301 954-524-5505 Fax: 954-524-5506 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Neal Rodrigue Case No. 3:14cv2387 individually and as trustee of the Hermine Rodrigue Testamentary Trust of Hayden Rodrigue

represented by Alfred J. Bennington , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric C. Christu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Krista Sue Kovalcin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

The Hermine Rodrigue Testamentary represented by Alfred J. Bennington , Jr. Trust for Kera Rodrigue

(See above for address)

Case No. 3:14cv2387

LEAD ATTORNEY ATTORNEY TO BE NOTICED



Plaintiff

The Robert Rodrigue Testamentary represented by Alfred J. Bennington , Jr. Trust for Hayden Rodrigue


Case No. 3:14cv2387


Eric C. Christu



Plaintiff

14cv2387 Miller Plaintiffs represented by Alfred J. Bennington , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



V.

Defendant

Swisher Hygiene, Inc. represented by James Patrick McLoughlin , Jr. Moore & Van Allen Suite 4700 100 North Tryon Street Charlotte, NC 28202 704-331-1054 Fax: 704-378-2054 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B. Kasner Skadden, Arps, Slate, Meagher & Flom LLP Four Times Square New York, NY 10036 212-735-2628 Fax: 917-777-2628 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Michael Watkins Moore & Van Allen, PLLC 100 N. Tryon St. Suite 4700 Charlotte, NC 28202 704-331-1121 Fax: 704-378-1921 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul J. Lockwood Skadden, Arps, Slate, Meagher & Flom LLP One Rodney Square 920 N. King St. Wilmington, DE 19801 302-651-3210 Fax: 302-574-3100 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel J. Barnett Skadden, Arps, Slate, Meagher & Flom, LLP Four Times Square New York, NY 10036 212-735-3458 Fax: 917-777-3458 TERMINATED: 09/18/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott D. Musoff Skadden, Arps, Slate, Meagher & Flom LLP Four Times Square New York, NY 10036 212-735-7852 Fax: 917-777-7852 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Stanley H. Wakshlag Kenny Nachwalter, P.A. 201 S. Biscayne Blvd., Suite 1100

Miami, FL 33131 305-373-1000 Fax: 305-372-1861 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart Harold Singer Boies, Schiller & Flexner 401 East Las Olas Blvd., Suite 1200 Fort Lauderdale, FL 33301 954-356-0011 Fax: 954-356-0022 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Valecia M. McDowell Moore & Van Allen 100 N. Tryon St. Floor 47 Charlotte, NC 28202 704-331-1188 Fax: 704-378 1988 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Steven R. Berrard represented by David Nelson Boies Schiller & Flexner 401 East Las Olas Blvd, Suite 1200 Fort Lauderdale, FL 33301 954 377 4233 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Patrick McLoughlin , Jr. (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay B. Kasner (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan Michael Watkins (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Justin Daniel Fitzdam Boies, Schiller & Flexner LLP 401 East Las Olas Boulevard Fort Lauderdale, FL 33301 954-356-0011 Fax: 954-356-0022 Email: [email protected] TERMINATED: 07/23/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel J. Barnett (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Stanley H. Wakshlag (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart Harold Singer (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Valecia M. McDowell (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Michael J. Kipp represented by Adjoa Panyin Linzy

DLA Piper LLP US 500 Eighth Street NW Washington, DC 20004 202-799-4425 Fax: 202-799-5425 Email: [email protected] TERMINATED: 10/24/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Michael Davisson DLA Piper LLP (US) 4141 Parklake Avenue, Suite 300 Raleigh, NC 27612-2350 919-786-2052 Fax: 919-786-2200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Clement Ryan Reetz DLA Piper LLP (US) 200 S. Biscayne Blvd. Suite 2500 Miami, FL 33131 305-423-8525 Fax: 305-468-6342 Email: [email protected] TERMINATED: 01/22/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Clarke , Jr. DLA Piper LLP (US) 500 8th Street, NW Washington, DC 20004 202-799-4503 Fax: 202-799-5503 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Keara M. Gordon DLA Piper US LLP (NY) 1251 Avenue of the Americas New York, NY 10020 (212)-335-4632 Fax: (212)-884-8632 TERMINATED: 09/18/2012 LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Stanley H. Wakshlag (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Defendant

Clarence Arsenault represented by Brian C. Kerr Case No. 3:12cv2386 Brower Piven, A Professional Corporation

488 Madison Avenue, Eight Floor New York, NY xxxxx (212) 501-9000 Fax: (212) 501-0300 TERMINATED: 02/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Isaac Wolf Brower Piven 488 Madison Avenue New York, NY 10022 (212)-501-9000 Fax: (212)-501-0300 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Patrick W. Powers Powers Taylor LLP 8150 N Central Expwy., Suite 1575 Dallas, TX 75206 214-239-8900 Fax: 214-239-8901 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peyton J. Healey Powers Taylor LLP 8150 N. Central Expwy Suite 1575 18081 Midway Rd #2628

Dallas, TX 75206 214-239-8900 Fax: 214-239-8901 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Willie Charles Briscoe The Briscoe Law Firm, PLLC 8117 Preston Rd., Suite 300 Dallas, TX 75225 214-706-9314 Fax: 214--706-9315 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

David Braley Case No. 3:12cv2386

Defendant

John Ellis Bush Case No. 3:12cv2386

Defendant

Harris W. Hudson Case No. 3:12cv2386

Defendant

H. Wayne Huizenga represented by Stanley H. Wakshlag Case No. 3:12cv2386 (See above for address)



Defendant

William M. Pruitt Case No. 3:12cv2386

Defendant

David Prussky Case No. 3:12cv2386

Defendant

Michael Serruya Case No. 3:12cv2386

Defendant

Hugh H Cooper represented by Cory Hohnbaum King & Spalding LLP 100 North Tryon Street Suite 3900 Charlotte, NC 28202 704-503-2561 Fax: 704-503-2622 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Andrew Pratt King & Spalding LLP 1180 Peachtree Street, NE Atlanta, GA 30309 404-572-3576 Fax: 404-572-5139 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Michael R. Smith King & Spalding 1180 Peachtree Street N.E. Atlanta, GA 30309 404-572-4824 Fax: 404-572-5139 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Bradley Jason Lingo King & Spalding LLP 100 North Tryon Street, Suite 3900 Charlotte, NC 28202 704-503-2600 Fax: 704-503-2622 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

The Robert Rodrigue Testamentary represented by Alfred J. Bennington , Jr. Trust for Kera Rodrigue


Case No. 3:14cv2387




Movant

John Nobel Case No. 3:12cv216 on behalf of Chemical Sanitizing Systems, LTD

represented by Joseph R. Seidman , Jr. Bernstein Liebhard, LLP 10 East 40th Street New York, NY 10016 212-779-1414 Fax: 212-779-3218 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul Robert Dickinson , Jr Lewis & Roberts, PLLC One Southpark Center 6060 Piedmont Row Drive South Suite 140 Charlotte, NC 28287 704-347-8990 Fax: 704-347-8929 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Uri Seth Ottensoser Bernstein Liebhard LLP 10 East 40th Street New York, NY 10016 212-779-1414 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Bryan T. McMahon Case No. 3:12cv216

represented by Joseph R. Seidman , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul Robert Dickinson , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Uri Seth Ottensoser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Joseph Meives Case No. 3:12cv216

represented by Joseph R. Seidman , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul Robert Dickinson , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Uri Seth Ottensoser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

James F. Caird represented by Gary W. Jackson Case No. 3:12cv216


Jason Mathew Leviton Block & Leviton LLP 155 Federal Street, Suite 1303 Boston, MA 02110 617-398-5600 Fax: 617-507-6020 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey C. Block Block & Leviton LLP 155 Federal Street, Suite 1303 Boston, MA 02110 617-398-5600 Fax: 617-507-6020 Email: [email protected]

LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

Harry F. Noyes Case No. 3:12cv216


Jason Mathew Leviton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey C. Block (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

Eugene W. Stranch Case No. 3:12cv216


Jason Mathew Leviton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey C. Block (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

Raymond D Curtin Case No. 3:12cv216

Movant

Alan Rubin Case No. 3:12cv216

represented by Jeremy Allan Lieberman (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

represented by Jeremy Allan Lieberman (See above for address) LEAD ATTORNEY PRO HAC VICE

ATTORNEY TO BE NOTICED

represented by Lex M. Erwin Erwin, Bishop, Capitano & Moss, P.A. 4521 Sharon Rd., Suite 350 Charlotte, NC 28211 704-716-1200 Fax: 704-716-1201 Email: [email protected] TERMINATED: 10/04/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Avron Fogelman Case No. 3:12cv216 TERMINATED: 10/04/2012

Nicholas Ian Porritt Levi & Korsinsky LLP (DC) 1101 30th, Street, NW Washington, DC 20007 (202) 524-4290 Fax: (202) 333-2121 TERMINATED: 10/03/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Gus Gambatese Case No. 3:12cv216

represented by Kim Elaine Miller Kahn Swick & Foti, LLC 206 Covington Street Madisonville, LA 70447 (212) 696-3730 Fax: (504) 455-1498 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed

# Docket Text

Neil A. Riemann Penry Riemann PLLC 510 Glenwood Ave., Suite 319 Raleigh, NC 27603 919-833-9449 Fax: 815-550-2913 Email: [email protected] TERMINATED: 10/02/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

08/14/2012

1 Transfer Order of Judicial Panel MDL transferring case to the Western District of North Carolina for coordinated or consolidatd pretrial proceedings assigned to

Graham C. Mullen, Presiding Judge. (Attachments: # 1 Schedule A)(com) (Entered: 08/14/2012)

08/14/2012 MDL Remark: Case received from New York Southern District, 1:12cv2406, James v. Swisher Hygiene, Inc. NCWD Case Number: 3:12cv2385. (com) (Entered: 08/14/2012)

08/14/2012 MDL Remark: Case received from New York Southern District, 1:12cv4028, Arsenault v. Berrard, et al. NCWD Case Number: 3:12cv2386. (com) (Entered: 08/14/2012)

08/15/2012 Notice to Attorneys Rachel Barnett, Jeffrey Block, Willie Briscoe, Lionel Glancy, Keara Gordon, Brian Kerr, Gregory Linkh, Kim Miller, Brian Murray, Nicholas Porritt, Robert Prongay, Joseph Seidman and Michael Goldberg: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 8/27/2012. (com) (Entered: 08/15/2012)

08/15/2012 Notice to Attorney Daniel Wolf: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 8/27/2012. (com) (Entered: 08/15/2012)

08/21/2012 2 Practice and Procedure Order Upon Transfer Pursuant to 28 U.S.C. 1407(a). Pretrial Conference 10/18/12 at 2:00 p.m. Agenda items due 9/21/12,. Signed by Senior Judge Graham Mullen on 8/21/12. (com) (Entered: 08/21/2012)

08/21/2012 NOTICE of Hearing: Pretrial Conference set for 10/18/2012 02:00 PM in Courtroom 3, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen. This is your only notice - you will not receive a separate document. (com) (Entered: 08/21/2012)

08/22/2012 3 NOTICE/MOTION for appointment as Co-Lead Plaintiffs and for approval of Lead Counsel by James F. Caird, Eugene W. Stranch (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2, # 3 Exhibit 1, Part 3, # 4 Exhibit 1, Part 4, # 5 Proposed Order)(Jackson, Gary) Modified to motion type on 10/11/2012 (bsw). (Entered: 08/22/2012)

08/23/2012 Click on this link to obtain the Notice to Counsel and a link to the Practice and Procedure Order. (com) (Entered: 08/23/2012)

08/31/2012 4 MOTION Modification of the Court's August 21, 2012 Order re 2 Order by Steven R. Berrard, Swisher Hygiene, Inc..Responses due by 9/17/2012 (Attachments: # 1 Proposed Order Proposed Order)(McDowell, Valecia) (Entered: 08/31/2012)

08/31/2012 5 MEMORANDUM in Support re 4 MOTION Modification of the Court's August 21, 2012 Order re 2 Order by Steven R. Berrard, Swisher Hygiene, Inc.. (Attachments: # 1 Cover Sheet Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(McDowell, Valecia) (Entered: 08/31/2012)

09/13/2012 6 MOTION to Withdraw as Attorney by Michael J. Kipp. (Attachments: # 1 Proposed Order, # 2 Envelope)(blf) (Entered: 09/13/2012)

09/14/2012 7 MOTION to Appoint Counsel AND APPOINT LEAD PLAINTIFFS by Bryan T. McMahon, Joseph Meives, John Nobel.Responses due by 10/1/2012 (Attachments: # 1 Memorandum, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Seidman, Joseph) (Entered: 09/14/2012)

09/14/2012 8 CERTIFICATE OF SERVICE by Bryan T. McMahon, Joseph Meives, John Nobel re 7

MOTION to Appoint Counsel AND APPOINT LEAD PLAINTIFFS (Seidman, Joseph) (Entered: 09/14/2012)

09/14/2012 9 NOTICE of Appearance by David Nelson, Justin D. Fitzdam, Stuart H. Singer on behalf of Steven R. Berrard (Attachments: # 1 notice, # 2 notice)(blf) (Entered: 09/17/2012)

09/17/2012 10 MOTION to Withdraw as Attorney of record for Defendant Steven R. Berrard by Steven R. Berrard. (Kasner, Jay) (Entered: 09/17/2012)

09/17/2012 11 MOTION to Withdraw as Attorney of Record for Defendant Steven R. Berrard by Steven R. Berrard. (McDowell, Valecia) (Entered: 09/17/2012)

09/18/2012 TEXT-ONLY ORDER granting 6 Motion to Withdraw as Attorney. Attorney Keara M. Gordon terminated. Entered by Senior Judge Graham Mullen on September 18, 2012. (stb) (Entered: 09/18/2012)

09/18/2012 12 ORDER granting 11 Motion to Withdraw as Attorney. Attorney Jonathan Michael Watkins; Valecia M. McDowell and James Patrick McLoughlin, Jr terminated. Signed by Senior Judge Graham Mullen on 9/18/2012. (blf) (Entered: 09/18/2012)

09/18/2012 13 ORDER granting 10 Motion to Withdraw as Attorney. Attorney Scott D. Musoff; Rachel J. Barnett and Jay B. Kasner terminated. Signed by Senior Judge Graham Mullen on 9/18/2012. (blf) (Entered: 09/18/2012)

09/19/2012 14 NOTICE of Appearance by Jason Mathew Leviton on behalf of James F. Caird, Harry F. Noyes, Eugene W. Stranch (Leviton, Jason) (Entered: 09/19/2012)

09/20/2012 15 MOTION to Withdraw as Attorney by Neil A. Riemann and Penry Riemann pllc by Gus Gambatese. (Riemann, Neil) (Entered: 09/20/2012)

09/21/2012 16 ORDER granting 4 Motion for modification of courts 8/21/2012 order. Signed by Senior Judge Graham Mullen on 9/21/2012. (blf) (Entered: 09/21/2012)

09/21/2012 17 Miscellaneous Filing by Clarence Arsenault, Steven R. Berrard, James F. Caird, Michael J. Kipp, Bryan T. McMahon, Joseph Meives, John Nobel, Eugene W. Stranch, Swisher Hygiene, Inc.. re: 2 Order Joint Statement of Facts and Disputed Issues (McDowell, Valecia) (Entered: 09/21/2012)

09/25/2012 18 Miscellaneous Filing by Raymond D Curtin, Alan Rubin. Notice of Withdrawal of Lead Plaintiff Motion by Raymond D. Curtin and Alan Rubin (Lieberman, Jeremy) (Entered: 09/25/2012)

10/01/2012 19 RESPONSE in Opposition re 7 MOTION to Appoint Counsel AND APPOINT LEAD PLAINTIFFS and Memorandum in Further Support of the Caird Group's Motion for Appointment as Co-Lead Plaintiffs and Approval of their Selection of Lead Counsel by James F. Caird, Eugene W. Stranch. Replies due by 10/12/2012 (Jackson, Gary) (Entered: 10/01/2012)

10/01/2012 20 CERTIFICATE OF SERVICE by James F. Caird, Eugene W. Stranch re 19 Response in Opposition to Motion, (Jackson, Gary) (Entered: 10/01/2012)

10/01/2012 21 MEMORANDUM in Support re 7 MOTION to Appoint Counsel AND APPOINT LEAD PLAINTIFFS by Bryan T. McMahon, Joseph Meives, John Nobel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Seidman, Joseph)

Modified on 10/2/2012 (ssh). (Entered: 10/01/2012)

10/01/2012 22 CERTIFICATE OF SERVICE by Bryan T. McMahon, Joseph Meives, John Nobel re 21 Memorandum in Opposition to Motion, (Seidman, Joseph) (Entered: 10/01/2012)

10/02/2012 23 ORDER granting 15 Motion to Withdraw as Attorney. Attorney Neil A. Riemann terminated. Signed by Senior Judge Graham Mullen on 10/2/2012. (tmg) (Entered: 10/02/2012)

10/03/2012 24 MOTION to Withdraw as Attorney by Lex M. Erwin, Nicholas I. Porritt and Thomas M. Gottschlich by Avron Fogelman. (Erwin, Lex) (Entered: 10/03/2012)

10/04/2012 25 ORDER granting 24 Motion to Withdraw as Attorney. Attorney Lex M. Erwin terminated. Signed by Senior Judge Graham Mullen on 10/4/2012. (blf) (Entered: 10/04/2012)

10/09/2012 26 REPLY to Response to Motion re 7 MOTION to Appoint Counsel AND APPOINT LEAD PLAINTIFFS and Reply Memorandum in Further Support of the Caird Group's Motion for (1) Appointment as Co-Lead Plaintiffs and (2) Approval of their Selection of Lead Counsel by James F. Caird, Eugene W. Stranch. (Attachments: # 1 Declaration of Gary Jackson, # 2 Exhibit 1 to Declaration, Swisher S-1)(Jackson, Gary) (Entered: 10/09/2012)

10/09/2012 27 CERTIFICATE OF SERVICE by James F. Caird, Eugene W. Stranch re 26 Reply to Response to Motion, (Jackson, Gary) (Entered: 10/09/2012)

10/10/2012 28 ORDER re 7 MOTION to Appoint Counsel AND APPOINT LEAD PLAINTIFFS , 3 Notice (Other).( Motion Hearing set for 10/18/2012 02:00 PM in Courtroom 3, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen.). Signed by Senior Judge Graham Mullen on 10/10/2012. (blf) (Entered: 10/10/2012)

10/11/2012 29 NOTICE of Appearance by Paul J. Lockwood on behalf of Swisher Hygiene, Inc. (Lockwood, Paul) (Entered: 10/11/2012)

10/12/2012 30 RESPONSE in Support re 7 MOTION to Appoint Counsel AND APPOINT LEAD PLAINTIFFS by Bryan T. McMahon, Joseph Meives, John Nobel. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 10/12/2012)

10/12/2012 31 CERTIFICATE OF SERVICE by Bryan T. McMahon, Joseph Meives, John Nobel re 30 Response in Support of Motion (Seidman, Joseph) (Entered: 10/12/2012)

10/15/2012 32 NOTICE of Appearance by Uri Seth Ottensoser on behalf of Bryan T. McMahon, Joseph Meives, John Nobel (Ottensoser, Uri) (Entered: 10/15/2012)

10/15/2012 33 CERTIFICATE OF SERVICE by Bryan T. McMahon, Joseph Meives, John Nobel re 32 Notice of Appearance of Counsel (Ottensoser, Uri) (Entered: 10/15/2012)

10/18/2012 Minute Entry: PRETRIAL CONFERENCE and heaing on motions for appt. of lead counsel (doc. 3 and doc. 7) held before Senior Judge Graham Mullen. Order to be issued thereon. Plaintiffs attorney: Gary W. Jackson, Jeffrey C. Block, Uri Seth Ottensoser, Paul Dickinson,Jr.. Defendants attorney: Paul Lockwood, Valecia McDowell, David Clarke Jr. and Adjoa Panyin Linzy. Court reporter: Joy Kelly. (stb) (Entered: 10/18/2012)

10/19/2012 34 ORDER denying 7 Motion to Appoint Counsel ; granting 3 Motion. Mr. Caird and

Mr. Stranchare appointed as co-lead Plaintiffs and their counsel, Block and Levin is appointed as lead counsel.. Signed by Senior Judge Graham Mullen on 10/18/2012. (blf) (Entered: 10/19/2012)

10/23/2012 35 MOTION to Withdraw as Attorney by Michael J. Kipp. (Linzy, Adjoa) (Entered: 10/23/2012)

10/24/2012 TEXT-ONLY ORDER granting 35 Motion to Withdraw as Attorney. Attorney Adjoa Panyin Linzy terminated Text of Order: Attorney Adjoa Linzy's Motion to Withdraw Appearance of Counsel is GRANTED. Adjoa Linzy is no longer counsel of record for Defendant Kipp. David Clarke, Jr. of the law firm of DLA Piper LLP will coutinue as counsel for Mr. Kipp. So Ordered . Entered by Senior Judge Graham Mullen on 10/24/2012. (jb) (Entered: 10/24/2012)

10/24/2012 36 Pretrial Order and Case Management Plan. Signed by Senior Judge Graham Mullen on 10/24/2012. (blf) (Entered: 10/24/2012)

01/24/2013 SECOND Notice to Brian Kerr, Stuart Singer, Gregory Linkh and Nicholas Porritt: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 2/4/2013. (bsw) Modified to include Attorney Linkh on 1/24/2013 (bsw). (Entered: 01/24/2013)

02/14/2013 37 NOTICE by Swisher Hygiene, Inc. (Attachments: # 1 Exhibit A)(McDowell, Valecia) (Entered: 02/14/2013)

04/19/2013 38 Consent MOTION for Extension of Time - For Filing of the First Amended Consolidated Class Action Complaint by Swisher Hygiene, Inc..Responses due by 5/6/2013 (Attachments: # 1 Proposed Order)(Watkins, Jonathan) (Entered: 04/19/2013)

04/22/2013 TEXT-ONLY ORDER granting 38 Motion for Extension of Time. The First Amended Consolidated Class Action Complaint shall be due on or before April 24, 2013. Entered by Senior Judge Graham Mullen on 4/22/2013. (stb) (Entered: 04/22/2013)

04/24/2013 39 AMENDED COMPLAINT Consolidated Class Action Complaint with Jury Demand against All Defendants, filed by Eugene W. Stranch, James F. Caird.(Jackson, Gary) (Entered: 04/24/2013)

06/06/2013 40 Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and to Extend Page Limits for Motion to Dismiss Briefing by Steven R. Berrard, James F. Caird, Michael J. Kipp, Eugene W. Stranch, Swisher Hygiene, Inc., Hugh H Cooper.Responses due by 6/24/2013 (Watkins, Jonathan) (Entered: 06/06/2013)

06/06/2013 41 NOTICE of Appearance by Cory Hohnbaum on behalf of Hugh H Cooper (Hohnbaum, Cory) (Entered: 06/06/2013)

06/06/2013 42 MOTION for Leave to Appear Pro Hac Vice as to Michael R. Smith Filing fee $ 276, receipt number 0419-2023780. by Hugh H Cooper. (Hohnbaum, Cory) (Entered: 06/06/2013)

06/06/2013 43 MOTION for Leave to Appear Pro Hac Vice as to J. Andrew Pratt Filing fee $ 276, receipt number 0419-2023781. by Hugh H Cooper. (Hohnbaum, Cory) (Entered: 06/06/2013)

06/07/2013 TEXT-ONLY ORDER granting 40 Motion to Extend Time for Motion to Dismiss Briefing Schedule and Page Limits. Plaintiffs' answering brief in response to Defendants' opening briefs in support of their motions to dismiss is due on July 22, 2013. Defendants' reply briefs are due on August 5, 2013. The page limitation for each of Defendants' respective opening briefs and Plaintiffs' answering brief shall be extended to 35 pages.. Entered by Senior Judge Graham Mullen on 6/7/2013. (stb) (Entered: 06/07/2013)

06/07/2013 44 ORDER granting 42 Motion for Leave to Appear Pro Hac Vice added Michael R. Smith for Hugh H Cooper. Signed by Senior Judge Graham Mullen on 6/7/2013. (blf) (Entered: 06/07/2013)

06/07/2013 45 ORDER granting 43 Motion for Leave to Appear Pro Hac Vice added J Andrew Pratt for Hugh H Cooper. Signed by Senior Judge Graham Mullen on 6/7/2013. (blf) (Entered: 06/07/2013)

06/07/2013

Notice to J Andrew Pratt: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 6/17/2013. (blf) (Entered: 06/07/2013)

06/07/2013

46 NOTICE of Appearance by Bradley Jason Lingo on behalf of Hugh H Cooper (Lingo, Bradley) (Entered: 06/07/2013)

06/24/2013 47 MOTION to Dismiss by Michael J. Kipp.Responses due by 7/11/2013 (Attachments: # 1 Memorandum in Support of Michael Kipps Motion to Dismiss, # 2 Proposed Order)(Clarke, David) (Entered: 06/24/2013)

06/24/2013 48 MOTION to Dismiss Consolidated Amended Complaint by Defendant Steven R. Berrard by Steven R. Berrard.Responses due by 7/11/2013 (Attachments: # 1 Proposed Order)(Nelson, David) (Entered: 06/24/2013)

06/24/2013 49 MEMORANDUM in Support re 48 MOTION to Dismiss Consolidated Amended Complaint by Defendant Steven R. Berrard by Steven R. Berrard. (Attachments: # 1 Exhibit 1 Exhibit Index, # 2 Exhibit 2 Swisher Historical Stock Prices, # 3 Exhibit 3 Form S-1 (March 31, 2011), # 4 Exhibit 4 Form 10-K (March 31, 2011), # 5 Exhibit 5 Form 8-K (May 5, 2011), # 6 Exhibit 6 Form 8-K, Exhibit 99.2 (May 5, 2011), # 7 Exhibit 7 Form 10-Q (May 16, 2011), # 8 Exhibit 8 Form 10-Q (August 15, 2011), # 9 Exhibit 9 Form 10-Q (November 14, 2011), # 10 Exhibit 10 Form 8-K (March 28, 2012), # 11 Exhibit 11 Form 8-K (April 12, 2012), # 12 Exhibit 12 Form 8-K (May 17, 2012), # 13 Exhibit 13 Form 10-Q/A (February 20, 2013), # 14 Exhibit 14 Form 10- Q/A (February 21, 2013) (second quarter), # 15 Exhibit 15 Form 10-Q/A (February 21, 2013) (third quarter), # 16 Exhibit 16 Form 10-K (February 26, 2013))(Nelson, David) (Entered: 06/24/2013)

06/24/2013 50 MOTION to Dismiss The First Amended Consolidated Class Action Complaint by Hugh H Cooper.Responses due by 7/11/2013 (Attachments: # 1 Memorandum of Law In Support, # 2 Proposed Order)(Smith, Michael) (Entered: 06/24/2013)

06/24/2013 51 MOTION to Dismiss the First Amended Consolidated Class Action Complaint by Swisher Hygiene, Inc..Responses due by 7/11/2013 (McLoughlin, James) (Entered: 06/24/2013)

06/24/2013 52 MEMORANDUM in Support re 51 MOTION to Dismiss the First Amended Consolidated Class Action Complaint by Swisher Hygiene, Inc.. (Attachments: # 1

Cover Sheet Exhibit Index, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P, # 18 Exhibit Exhibit Q, # 19 Exhibit Exhibit R)(McLoughlin, James) (Entered: 06/24/2013)

07/11/2013 53 Unopposed MOTION for Extension of Time to File Response/Reply , Unopposed MOTION for Leave to File Excess Pages (Responses due by 7/29/2013) by James F. Caird, Eugene W. Stranch. (Leviton, Jason) (Entered: 07/11/2013)

07/11/2013 TEXT-ONLY ORDER granting 53 Motion for Extension of Time until July 22, 2013 ; granting 53 Motion for Leave to File Excess Pages, for a single omnibus opposition brief up to sixty (60) pages in lengths, exclusive of tables and cover. Entered by Senior Judge Graham Mullen on 7/11/2013. (stb) (Entered: 07/11/2013)

07/22/2013 54 RESPONSE in Opposition re 48 MOTION to Dismiss Consolidated Amended Complaint by Defendant Steven R. Berrard , 51 MOTION to Dismiss the First Amended Consolidated Class Action Complaint , 47 MOTION to Dismiss , 50 MOTION to Dismiss The First Amended Consolidated Class Action Complaint by James F. Caird, Eugene W. Stranch. (Jackson, Gary) (Entered: 07/22/2013)

07/22/2013 55 AFFIDAVIT in Opposition re 48 MOTION to Dismiss Consolidated Amended Complaint by Defendant Steven R. Berrard , 51 MOTION to Dismiss the First Amended Consolidated Class Action Complaint , 47 MOTION to Dismiss , 50 MOTION to Dismiss The First Amended Consolidated Class Action Complaint by James F. Caird, Eugene W. Stranch. Replies due by 8/1/2013 (Attachments: # 1 Affidavit Declaration of Gary W. Jackson and Exhibit A thereto Part 2 of 2)(Jackson, Gary) (Entered: 07/22/2013)

07/31/2013 56 Unopposed MOTION for Extension of Time to File Response/Reply to Motions to Dismiss by Steven R. Berrard, Hugh H Cooper, Michael J. Kipp, Swisher Hygiene, Inc..Responses due by 8/19/2013 (Watkins, Jonathan) (Entered: 07/31/2013)

08/01/2013 TEXT-ONLY ORDER granting 56 Motion for Extension of Time to File Response/Reply Replies due by 8/9/2013 Text of Order: Defendants' Motion for Extension of Time to file reply briefs is GRANTED. Defendants' reply briefs shall be filed on or before 8/9/2013. So Ordered . Entered by Senior Judge Graham Mullen on 8/1/2013. (jb) (Entered: 08/01/2013)

08/09/2013 57 REPLY to Response to Motion re 48 MOTION to Dismiss Consolidated Amended Complaint by Defendant Steven R. Berrard by Steven R. Berrard. (Attachments: # 1

. Exhibit 1 (Exhibit Index), # 2 Exhibit 2 (Form 8-K and Ex. 99.1, Aug. 20, 2012), # 3 Exhibit 3 (Form 8-K, Oct. 26, 2012))(Nelson, David) (Entered: 08/09/2013)

08/09/2013 58 RESPONSE in Support re 47 MOTION to Dismiss by Michael J. Kipp. (Clarke, David) (Entered: 08/09/2013)

08/09/2013 59 RESPONSE in Support re 50 MOTION to Dismiss The First Amended Consolidated Class Action Complaint by Hugh H Cooper. (Smith, Michael) (Entered: 08/09/2013)

08/09/2013 60 REPLY to Response to Motion re 51 MOTION to Dismiss the First Amended Consolidated Class Action Complaint by Swisher Hygiene, Inc.. (McLoughlin, James)

(Entered: 08/09/2013)

09/26/2013 MDL Remark: Case consolidated from WDNC, 3:13-cv-00449, Borthwick v. Berrard et al. Click on this link to obtain the Notice to Counsel and a link to the Practice and Procedure Order. (eef) (Entered: 09/26/2013)

01/15/2014 MDL Remark: Case received from Florida - Southern, 0:13-cv-61292, Miller et al v. Swisher Hygiene Inc. et al. NCWD Case Number: 3:14-cv-2387. Click on this link to obtain the Notice to Counsel and a link to the Practice and Procedure Order. (tmg) (Entered: 01/15/2014)

01/17/2014 Notice to Alfred Joseph Bennington, Jr, Eric Christu, Krista Kovalcin, Stanley Howard Wakshlag, Clement Ryan Reetz: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 1/27/2014. (tmg) (Entered: 01/17/2014)

01/22/2014 61 Notice of Substitution of Counsel by David Clarke, Jr on behalf of Michael J. Kipp, Attorney Clement Ryan Reetz terminated. (Reetz, Clement) Modified text on 1/23/2014 (tmg). (Entered: 01/22/2014)

01/31/2014 SECOND Notice to Krista Kovalcin: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 2/10/2014. (tmg) (Entered: 01/31/2014)

02/05/2014 62 STIPULATION of Compromise and Settlement by James F. Caird, Eugene W. Stranch (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Jackson, Gary) (Entered: 02/05/2014)

02/05/2014 63 MOTION for Settlement Preliminary Approval of Proposed Settlement by James F. Caird, Eugene W. Stranch.Responses due by 2/24/2014 (Jackson, Gary) (Entered: 02/05/2014)

02/05/2014 64 MEMORANDUM in Support re 63 MOTION for Settlement Preliminary Approval of Proposed Settlement by James F. Caird, Eugene W. Stranch. (Jackson, Gary) (Entered: 02/05/2014)

02/05/2014 65 NOTICE of Voluntary Dismissal with Prejudice as to Hugh Cooper by James F. Caird, Eugene W. Stranch (Jackson, Gary) (Entered: 02/05/2014)

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