U.S. District Court Southern District of Florida (Ft Lauderdale) CIVIL DOCKET FOR CASE #: 0:12-cv JIC

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1 US District Court Civil Docket as of June 14, 2013 Retrieved from the court on June 27, 2013 U.S. District Court Southern District of Florida (Ft Lauderdale) CIVIL DOCKET FOR CASE #: 0:12-cv JIC Harrison v. Mako Surgical Corporation et al Date Filed: 05/10/2012 Assigned to: Judge James I. Cohn Date Terminated: 06/10/2013 Referred to: Ch. Magistrate Judge Barry S. Seltzer Jury Demand: Plaintiff Cause: 15:0078 Securities Exchange Act Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Date Filed # Docket Text 05/10/ COMPLAINT for Violation of Federal Securities Laws against All Defendants. Filing fee $ receipt number 113C , filed by James H Harrison, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) MAKO Surgical, # 3 Summon(s) M Ferre, # 4 Summon(s) F LaPorte, # 5 Certification)(Robbins, Robert) (Entered: 05/10/2012) 05/10/ Judge Assignment to Judge James I. Cohn (bb) (Entered: 05/10/2012) 05/10/ Summons Issued as to Maurice R. Ferre, Fritz L. Laporte, Mako Surgical Corporation. (Attachments: # 1 Summon(s), # 2 Summon(s))(bb) (Entered: 05/10/2012) 05/11/ ORDER SETTING CALENDAR CALL AND TRIAL DATE, AND ORDER REFERRING CASE to Ch. Magistrate Judge Barry S. Seltzer for Discovery Proceedings. ( Calendar Call set for 5/2/ :00 AM in Fort Lauderdale Division before Judge James I. Cohn., Jury Trial set for 5/6/ :00 AM in Fort Lauderdale Division before Judge James I. Cohn.). Signed by Judge James I. Cohn on 5/11/2012. (lk) (Entered: 05/11/2012) 06/21/ NOTICE by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation of Similar Action (Warren, Stephen) (Entered: 06/21/2012) 06/21/ NOTICE of Attorney Appearance by Stephen Patrick Warren on behalf of Maurice R. I I Ferre, Fritz L. LaPorte, Mako Surgical Corporation (Warren, Stephen) (Entered: 06/21/2012) 06/21/ NOTICE of Attorney Appearance by Tracy Ann Nichols on behalf of Maurice R. Ferre, I Fritz L. LaPorte, Mako Surgical Corporation (Nichols, Tracy) (Entered: 06/21/2012) 06/21/ NOTICE of Attorney Appearance by Louise McAlpin on behalf of Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation (McAlpin, Louise) (Entered: 06/21/2012) 06/21/ Defendant's MOTION to Dismiss 1 Complaint, Class Action Complaint by Maurice R. I Ferre, Fritz L. LaPorte, Mako Surgical Corporation. Responses due by 7/9/2012 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Warren, Stephen) (Entered: 06/21/2012)

2 06/21/ Corporate Disclosure Statement by Mako Surgical Corporation (Warren, Stephen) (Entered: 06/21/2012) 06/27/ Plaintiff's MOTION to Stay re 9 Defendant's MOTION to Dismiss 1 Complaint, Class Action Complaint Motion to Stay Consideration of Defendants' Motion to Dismiss Class Action Complaint by James H. Harrison, Jr. Responses due by 7/16/2012 (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)(Reise, Jack) (Entered: 06/27/2012) 07/09/ MOTION to Consolidate Cases ( Responses due by 7/26/2012), MOTION to Appoint County Employees' Retirement System ( Responses due by 7/26/2012), MOTION to Appoint Lead Counsel Labaton Sucharow LLP by Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System. (Attachments: # 1 Text of Proposed Order)(Wilens, Douglas) (Entered: 07/09/2012) 07/09/ MOTION to Consolidate Cases ( Responses due by 7/26/2012), MOTION to Appoint Lead Plaintiff Bob Buker ( Responses due by 7/26/2012), MOTION to Appoint Lead Counsel Glancy Binkow & Goldberg LLP by Bob Buker. (Attachments: # 1 Text of Proposed Order)(Hooker, Lester) (Entered: 07/09/2012) 07/09/ AFFIDAVIT signed by : Lester Hooker. re 13 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Bob Buker MOTION to Appoint Lead Counsel Glancy Binkow & Goldberg LLP by Bob Buker (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hooker, Lester) (Entered: 07/09/2012) 07/09/ MOTION to Consolidate Cases ( Responses due by 7/26/2012), MOTION to Appoint County Employees Retirement System ( Responses due by 7/26/2012), MOTION to Appoint Lead Counsel Labaton Sucharow LLP by Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law in Support)(Wilens, Douglas) (Entered: 07/09/2012) - 07/09/ AFFIDAVIT in Support re 15 MOTION to Consolidate Cases MOTION to Appoint County Employees Retirement System MOTION to Appoint Lead Counsel Labaton Sucharow LLP of Michael W. Stocker filed by Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Wilens, Douglas) (Entered: 07/09/2012) 07/09/ AFFIDAVIT in Support re 15 MOTION to Consolidate Cases MOTION to Appoint County Employees Retirement System MOTION to Appoint Lead Counsel Labaton Sucharow LLP Joint Declaration of Robert E. Jones & Michael E. Field filed by Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System. (Wilens, Douglas) (Entered: 07/09/2012) 07/10/ Notice of Pendency of Other Action by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation (Warren, Stephen) (Entered: 07/10/2012)

3 07/10/ NOTICE of Striking 12 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System MOTION to Appoint Lead Counsel Labaton Sucharow LLP filed by Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System by Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System (Wilens, Douglas) (Entered: 07/10/2012) 07/16/ RESPONSE to Motion re 11 Plaintiff's MOTION to Stay re 9 Defendant's MOTION to Dismiss 1 Complaint, Class Action Complaint Motion to Stay Consideration of Defendants' Motion to Dismiss Class Action Complaint filed by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation. Replies due by 7/26/2012. (Attachments: # 1 Exhibit A - MAKO Form 8-K)(Warren, Stephen) (Entered: 07/16/2012) 07/26/ WITHDRAWAL of Motion re 13 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Bob Buker MOTION to Appoint Lead Counsel Glancy Binkow & Goldberg LLP filed by Bob Buker NOTICE OF WITHDRAWAL OF MOTION OF BOB BUKER FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL (Hooker, Lester) (Entered: 07/26/2012) 07/26/ I RESPONSE in Support re 15 MOTION to Consolidate Cases MOTION to Appoint County Employees Retirement System MOTION to Appoint Lead Counsel Labaton Sucharow LLP filed by Oklahoma Firefighters Pension and Retirement System and Baltimore County Employees' Retirement System. (Wilens, Douglas) (Entered: 07/26/2012) 07/26/ REPLY to Response to Motion re 11 Plaintiff's MOTION to Stay re 9 Defendant's MOTION to Dismiss 1 Complaint, Class Action Complaint Motion to Stay Consideration ofdefendants' Motion to Dismiss Class Action Complaint filed by James H. Harrison, Jr. (Reise, Jack) (Entered: 07/26/2012) 08/02/ ORDER Consolidating Actions; Appointing Lead Plaintiff, and Approving Selection of Counsel; denying as moot 9 Motion to Dismiss; denying as moot 11 Motion to Stay (Amended Pleadings due by 8/29/2012.); granting 15 Motion to Consolidate Cases; granting 15 MOTION to Appoint Lead Plaintiff In Re Mako Surgical Corporation Securities Litigation ; granting 15 MOTION to Appoint Lead Counsel Signed by Judge James I. Cohn on 8/1/2012. (ail) (Entered: 08/02/2012) 08/08/ Unopposed MOTION for Extension of Time To File A Consolidated Amended Complaint by Baltimore County Employees' Retirement System, Oklahoma Firefighters Pension and Retirement System. Responses due by 8/27/2012 (Attachments: # 1 Text of Proposed Order Proposed Order)(Reise, Jack) (Entered: 08/08/2012) 08/08/ PAPERLESS ORDER granting 25 Lead Plaintiffs' Unopposed Motion to Extend the Time to File a Consolidated Amended Complaint. Lead Plaintiffs shall file a Consolidated Amended Complaint on or before 9/12/2012. Signed by Judge James I. Cohn on 8/8/2012. (npd) (Entered: 08/08/2012) 08/10/ MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to I i Electronically Receive Notices of Electronic Filing for Irina Vasilchenko. Filing Fee $

4 Receipt # (ksa) (Entered: 08/10/2012) 08/10/ /10/ /13/ MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joel Bernstein. Filing Fee $ Receipt # (ksa) (Entered: 08/10/2012) 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Felicia Mann. Filing Fee $ Receipt # (ksa) (Entered: 08/10/2012) 30 ORDER Granting Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing 27, 28, and 29. Please see Order for details. Signed by Ch. Magistrate Judge Barry S. Seltzer on 8/13/2012. (ccy) (Entered: 08/13/2012) 08/28/ MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ira Schochet. Filing Fee $ Receipt # (ksa) (Entered: 08/29/2012) 08/29/ ORDER granting (31) Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Ira Schochet. Signed by Ch. Magistrate Judge Barry S. Seltzer on 8/29/2012. Associated Cases: 0:12- cv jic, 0:12-cv JIC(ccy) (Entered: 08/29/2012) 09/12/ AMENDED COMPLAINT against Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation, filed by Oklahoma Firefighters Pension and Retirement System, Baltimore County Employees' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Reise, Jack) (Entered: 09/12/2012) 09/24/ Defendant's MOTION for Extension of Time to Respond to Consolidated Amended Complaint re (33 in 0:12-cv JIC) Amended Complaint, by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation. Responses due by 10/12/2012 Associated Cases: 0:12-cv JIC, 0:12-cv JIC(Warren, Stephen) (Entered: 09/24/2012) 09/24/ PAPERLESS ORDER granting 34 Defendants' Motion for Extension of Time to Respond to Consolidated Amended Complaint. Defendants shall respond to the Consolidated Amended Complaint 33 on or before 10/16/2012. Signed by Judge James I. Cohn on 9/24/2012. (npd) (Entered: 09/24/2012) 09/24/2012 Set/Reset Answer Due Deadline: Maurice R. Ferre response due 10/16/2012; Fritz L. LaPorte response due 10/16/2012; Mako Surgical Corporation response due 10/16/2012. (npd) (Entered: 09/24/2012) 10/16/ Defendant's MOTION TO DISMISS 33 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation. Responses due by 11/2/2012 (Attachments: # 1 Exhibit a, # 2 Exhibit b, # 3 Exhibit c, # 4 Exhibit d, # 5 Exhibit e, # 6 Exhibit f, # 7 Exhibit g)(nichols, Tracy) (Entered: 10/16/2012) 10/19/ Unopposed MOTION for Extension of Time to File Response/Reply FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS by Baltimore County Employees' Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Text of Proposed Order [PROPOSED] ORDER GRANTING LEAD PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF

5 TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS)(Reise, Jack) (Entered: 10/19/2012) 10/22/ PAPERLESS ORDER granting 37 Lead Plaintiffs' Unopposed Motion for Extension of Time To Respond To Defendants' Motion to Dismiss. Lead Plaintiffs shall respond to Defendants' Motion to Dismiss 36 on or before 11/19/2012. (npd) (Entered: 10/22/2012) 11/05/ Plaintiff's MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss by Baltimore County Employees' Retirement System, Oklahoma Firefighters Pension and Retirement System. Responses due by 11/23/2012 (Attachments: # 1 Text of Proposed Order)Associated Cases: 0:12-cv JIC, 0:12-cv JIC(Reise, Jack) (Entered: 11/05/2012) 11/05/ PAPERLESS ORDER granting 39 Lead Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Lead Plaintiffs shall respond to Defendants' Motion to Dismiss 36 on or before 12/3/2012. No further extensions of time shall be granted. Signed by Judge James I. Cohn on 11/5/2012. (npd) (Entered: 11/05/2012) 11/29/ MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David Goldsmith. Filing Fee $ Receipt # (ksa) (Entered: 11/30/2012) 12/03/ I ORDER Granting (41) Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to David Goldsmith. Please see Order for details. Signed by Ch. Magistrate Judge Barry S. Seltzer on 12/3/2012. Associated Cases: 0:12-cv JIC, 0:12-cv JIC(ccy) (Entered: 12/03/2012) 12/03/ RESPONSE in Opposition re 36 Defendant's MOTION TO DISMISS 33 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Baltimore County Employees' Retirement System, Oklahoma Firefighters Pension and Retirement System. (Reise, Jack) (Entered: 12/03/2012) 12/07/ Unopposed MOTION for Extension of Time to File Response/Reply as to 36 Defendant's MOTION TO DISMISS 33 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation. (Attachments: # 1 Text of Proposed Order)(Kernisky, Allison) (Entered: 12/07/2012) 12/07/ PAPERLESS ORDER granting 44 Defendants' Unopposed Motion for Extension of Time. Defendants shall file their reply in support of 36 Motion to Dismiss on or before 12/24/2012. Signed by Judge James I. Cohn on 12/7/2012. (npd) (Entered: 12/07/2012) 12/24/ REPLY to Response to Motion re 36 Defendant's MOTION TO DISMISS 33 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation. (Attachments: # 1 Exhibit A)(Kernisky, Allison) (Entered: 12/24/2012) 04/12/ PAPERLESS ORDER cancelling Calendar Call and Trial Date. The Court will address scheduling of this matter in the order on Defendants' motion to dismiss. Signed by Judge James I. Cohn on 4/12/2013. (npd) (Entered: 04/12/2013) 05/15/ ORDER granting 36 Defendants' Motion to Dismiss. Motion for leave to file Second

6 Amended Complaint due by 6/5/2013. Signed by Judge James I. Cohn on 5/15/2013. (npd) (Entered: 05/15/2013) 06/10/ ORDER DISMISSING CASE WITH PREJUDICE. The case is CLOSED. Signed by Judge James I. Cohn on 6/10/2013. (npd) (Entered: 06/10/2013) 06/14/ MOTION for Entry of Final Judgment re 49 Order Dismissing Case by Maurice R. Ferre, Fritz L. LaPorte, Mako Surgical Corporation. (Attachments: # 1 Text of Proposed Order)(Nichols, Tracy) (Entered: 06/14/2013) 06/14/ ORDER granting 50 Motion Entry of a Final Judgment. Signed by Judge James I. Cohn on 6/14/2013. (npd) (Entered: 06/14/2013) 06/14/ FINAL JUDGMENTin favor of the Defendants and against the Plaintiffs. Signed by Judge James I. Cohn on 6/14/2013. (npd) (Entered: 06/14/2013) 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