UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:12-cv R-JEM

Transcription

1 US District Court Civil Docket as of May 5, 2017 Retrieved from the court on May 5, 2017 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:12-cv R-JEM Khalil Zaghian v. THQ Inc et al Assigned to: Judge Manuel L. Real Referred to: Magistrate Judge John E. McDermott Related Case: 2:12-cv GAF-JEM Case in other court: 9th Circuit, Cause: 15:78m(a) Securities Exchange Act Plaintiff Khalil Zaghian Individually and on Behalf of All Others Similarly Situated Date Filed: 06/15/2012 Date Terminated: 02/04/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Brian Oliver O'Mara Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA Fax: bomara@rgrdlaw.com Darren J Robbins Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA Fax: e_file_sd@rgrdlaw.com David C Walton Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA Fax: davew@rgrdlaw.com Lionel Zevi Glancy Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA Fax:

2 Mario Alba, Jr Robbins Geller Rudman and Dowd LLP 58 South Service Road Suite 200 Melville, NY Fax: Samuel H Rudman Robbins Geller Rudman and Dowd LLP 58 South Service Road Suite 200 Melville, NY Fax: srudman@rgrdlaw.com PRO HAC VICE Plaintiff Mike Hernandez represented by Adam M Apton Levi and Korsinsky LLP th Street NW Suite 115 Washington, DC Fax: aapton@zlk.com PRO HAC VICE Adam C McCall Levi and Korsinsky LLP 445 South Figueroa Street 31st Floor Los Angeles, Ca Fax: amccall@zlk.com Avi N Wagner The Wagner Firm 1925 Century Park East Suite 2100 Los Angeles, CA Fax: avi@thewagnerfirm.com

3 Nicholas I Porritt Levi and Korsinsky LLP th Street NW Suite 115 Washington, DC Fax: nporritt@zlk.com PRO HAC VICE Thomas M Gottschlich Levi and Korsinsky LLP th Street NW Suite 150 Washington, DC Fax: tgottschlich@zlk.com PRO HAC VICE V. Defendant THQ Inc TERMINATED: 08/29/2014 Defendant Brian J Farrell represented by Joel Alan Feuer Gibson Dunn and Crutcher LLP 2029 Century Park East Suite 4000 Los Angeles, CA Fax: jfeuer@gibsondunn.com represented by Koji F Fukumura Cooley LLP 4401 Eastgate Mall San Diego, CA Fax: kfukumura@cooley.com LEAD ATTORNEY Blake M Zollar Cooley LLP 4401 Eastgate Mall San Diego, CA Fax:

4 Joel Alan Feuer (See above for address) TERMINATED: 01/10/2014 Peter M Adams Cooley LLP 4401 Eastgate Mall San Diego, CA Fax: padams@cooley.com TERMINATED: 01/06/2015 Ryan E Blair Cooley LLP 4401 Eastgate Mall San Diego, CA Fax: rblair@cooley.com Defendant Paul J Pucino represented by Koji F Fukumura (See above for address) LEAD ATTORNEY Blake M Zollar (See above for address) Joel Alan Feuer (See above for address) TERMINATED: 01/10/2014 Peter M Adams (See above for address) TERMINATED: 01/06/2015 Ryan E Blair (See above for address)

5 Date Filed # Docket Text 06/15/ CLASS ACTION COMPLAINT against Defendants Brian J Farrell, Paul J Pucino, THQ Inc. Case assigned to Judge Gary A. Feess for all further proceedings. Discovery referred to Magistrate Judge John E. McDermott.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Khalil Zaghian. (et) (ds). (Entered: 06/19/2012) 06/15/ DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (et) (Entered: 06/19/2012) 06/15/ CERTIFICATION AS TO Interested Parties filed by Plaintiff Khalil Zaghian. (et) (ds). (Entered: 06/19/2012) 06/15/ NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 06/19/2012) 06/19/ NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Samuel H. Rudman for Plaintiff Khalil Zaghian. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $ fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 06/19/2012) 06/19/ NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Mario Alba Jr. for Plaintiff Khalil Zaghian. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $ fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 06/19/2012) 07/13/ NOTICE of Appearance filed by attorney Joel Alan Feuer on behalf of Defendants Brian J Farrell, Paul J Pucino, THQ Inc (Feuer, Joel) (Entered: 07/13/2012) 07/13/ CORPORATE DISCLOSURE STATEMENT filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc (Feuer, Joel) (Entered: 07/13/2012) 07/16/ APPLICATION for attorney Samuel H. Rudman to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Plaintiff Khalil Zaghian. Lodged Proposed Order. (bp) (Entered: 07/18/2012) 07/16/ APPLICATION for attorney Mario Alba Jr. to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Plaintiff Khalil Zaghian. Lodged Proposed Order. (bp) (Entered: 07/18/2012) 07/17/ STIPULATION for Extension of Time to File Defendants' Responsive Pleading filed by plaintiff Khalil Zaghian. (Attachments: # 1 Proposed Order)(O'Mara, Brian) (Entered: 07/17/2012) 07/17/ ORDER by Judge Gary A. Feess: granting 9 Application to Appear Pro Hac Vice by Attorney Samuel H. Rudman on behalf of Plaintiff Khalil Zaghian, designating Lionel Z.Glancy as local counsel. (lt) (Entered: 07/18/2012) 07/17/ ORDER by Judge Gary A. Feess: granting 10 Application to Appear Pro Hac Vice by

6 Attorney Mario Alba, Jr. on behalf of Plaintiff Khalil Zaghian, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 07/18/2012) 07/19/ ORDER SETTING BRIEFING SCHEDULE AND CONTINUING DATE ON WHICH DEFENDANTS' RESPONSIVE PLEADING IS DUE by Judge Gary A. Feess. IT IS HEREBY ORDERED THAT: Defendants shall not be required to, and shall not waive any rights, arguments or defense by failing to, answer, move, or otherwise respond to the complaint in this action until after (i) the appointment of a lead plaintiff; and (ii) after lead plaintiff has fled a Consolidated Complaint, re Stipulation for Extension of Time to File 8 (bp) (Entered: 07/19/2012) 07/26/ PROOF OF SERVICE Executed by Plaintiff Khalil Zaghian, upon Defendant THQ Inc served on 6/19/2012, answer due 7/10/2012. Service of the Summons and Complaint were executed upon Renee Vigo in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (O'Mara, Brian) (Entered: 07/26/2012) 07/26/ PROOF OF SERVICE Executed by Plaintiff Khalil Zaghian, upon Defendant Paul J Pucino served on 6/20/2012, answer due 7/11/2012. Service of the Summons and Complaint were executed upon Paul J. Pucino in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (O'Mara, Brian) (Entered: 07/26/2012) 07/26/ PROOF OF SERVICE Executed by Plaintiff Khalil Zaghian, upon Defendant Brian J Farrell served on 6/20/2012, answer due 7/11/2012. Service of the Summons and Complaint were executed upon Brian J. Farrell in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (O'Mara, Brian) (Entered: 07/26/2012) 08/14/ NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by proposed lead plaintiff Khalil Zaghian. Motion set for hearing on 9/17/2012 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Proposed Order)(O'Mara, Brian) (Entered: 08/14/2012) 08/14/ MEMORANDUM in Support of MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17 filed by Plaintiff Khalil Zaghian. (O'Mara, Brian) (Entered: 08/14/2012) 08/14/ DECLARATION of Brian O. O'Mara in support of MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17 filed by Plaintiff Khalil Zaghian. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(O'Mara, Brian) (Entered: 08/14/2012) 08/14/ NOTICE OF MOTION AND MOTION OF MIKE HERNANDEZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Movant Mike Hernandez. Motion set for hearing on 9/17/2012 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Proposed Order)(bp) (Entered: 08/15/2012) 08/14/ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION for Order for Appointing Mike Hernandez as Lead Plaintiff and Approving his selection of lead counsel 20 filed by Movant Mike Hernandez. (bp) (Entered: 08/15/2012) 08/14/ DECLARATION of Avi Wagner in support of MOTION for Order for Appointing Mike Hernandez as Lead Plaintiff and Approving his selection of lead counsel 20 filed by Movant Mike Hernandez. (bp) (Entered: 08/15/2012)

7 08/14/ CERTIFICATION of Interested Parties filed by Movant Mike Hernandez, (bp) (Entered: 08/15/2012) 08/27/ NOTICE OF NON-OPPOSITION By Defendants THQ, Inc., Brian J. Farrell and Paul J. Pucino to Motion for Appointment of Lead Plaintiff and Approval of Selection of Lead Plaintiff's Counsel filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (Feuer, Joel) (Entered: 08/27/2012) 08/27/ PROOF OF SERVICE filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc, re Non-Opposition to Motion, 24 served on August 27,2010. (Feuer, Joel) (Entered: 08/27/2012) 08/27/ MEMORANDUM in Support of MOTION for Order for Appointing Mike Hernandez as Lead Plaintiff and Approving his selection of lead counsel 20 [Memorandum of Points and Authorities in Further Support of Motion of Mike Hernandez for Appointment as Lead Plaintiff and Approval of Lead Counsel] filed by Movant Mike Hernandez. (Wagner, Avi) (Entered: 08/27/2012) 08/27/ RESPONSE IN SUPPORT of MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17 filed by Plaintiff Khalil Zaghian. (O'Mara, Brian) (Entered: 08/27/2012) 09/14/ APPLICATION for attorney Thomas M. Gottschlich to Appear Pro Hac Vice(PHV Fee of $325 receipt number paid.) filed by Plaintiff-Movant Mike Hernandez. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing)(Wagner, Avi) (Entered: 09/14/2012) 09/14/ APPLICATION for attorney Nicholas I. Porritt to Appear Pro Hac Vice(PHV Fee of $325 receipt number paid.) filed by Plaintiff-Movant Mike Hernandez. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing)(Wagner, Avi) (Entered: 09/14/2012) 09/14/ MINUTES (IN CHAMBERS): ORDER RE: MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL by Judge Gary A. Feess: The Court GRANTS Hernandez's motion and DENIES Zaghian's motion. Hernandez is hereby APPOINTED as lead plaintiff and Levi & Korsinsky LLP is hereby APPOINTED as lead counsel (bp) (Entered: 09/14/2012) 09/17/ ORDER by Judge Gary A. Feess: granting 29 Application to Appear Pro Hac Vice by Attorney Nicholas I. Porritt on behalf of Plaintiff, designating Avi Wagner as local counsel. (lt) (Entered: 09/19/2012) 09/17/ ORDER by Judge Gary A. Feess: granting 28 Application to Appear Pro Hac Vice by Attorney Thomas M. Gottschlich on behalf of Plaintiff, designating Avi Wagner as local counsel. (lt) (Entered: 09/19/2012) 11/13/ FIRST AMENDED COMPLAINT against defendants Mike Hernandez amending Complaint - 1, filed by plaintiff Mike Hernandez. (bm) (bm). (Entered: 11/14/2012) 01/11/ NOTICE of Automatic Stay Pursuant to 11 U.S.C. Sec. 362(a) filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (Feuer, Joel) (Entered: 01/11/2013) 01/14/ NOTICE OF MOTION AND MOTION to Dismiss the First Amended Complaint filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. Motion set for hearing on 5/6/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Declaration of Joel A.

8 Feuer)(Feuer, Joel) (Entered: 01/14/2013) 01/14/ REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss the First Amended Complaint 35 filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (Feuer, Joel) (Entered: 01/14/2013) 01/14/ ORDER by Judge Gary A. Feess, ORDER STAYING CASE by Judge Gary A. Feess. IT IS HEREBY ORDERED that this action is removed from the Court's active caseload until further application by the parties or Order of this Court. IT IS FURTHER ORDERED that counsel for plaintiff shall file semiannual status reports commencing on April 19, All pending calendar dates are vacated by the Court. (MD JS-6. Case Terminated) (rfi) (Entered: 01/16/2013) 04/22/ STATUS REPORT filed by Plaintiff Khalil Zaghian. (Wagner, Avi) (Entered: 04/22/2013) 11/26/ STATUS REPORT [Plaintiff's Second Status Report Pursuant to the Court's January 14, 2013 Order] filed by Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 11/26/2013) 01/08/ REQUEST to Substitute attorney Joel A. Feuer in place of attorney Koji Fukumura filed by Defendant Brian J Farrell. (Attachments: # 1 Proposed Order)(Feuer, Joel) (Entered: 01/08/2014) 01/08/ REQUEST to Substitute attorney Joel A. Feuer in place of attorney Koji Fukumura filed by Defendant Paul J Pucino. (Attachments: # 1 Proposed Order)(Feuer, Joel) (Entered: 01/08/2014) 01/10/ ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Gary A. Feess granting 40 Request to Substitute Attorney: The Court hereby orders that the request of: Brian J. Farrell to substitute Koji Fukumura, who is Retained Counsel, as attorney of record instead of Joel A. Feuer. (bm) (Entered: 01/13/2014) 01/10/ ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Gary A. Feess granting 41 Request to Substitute Attorney:The Court hereby orders that the request of: Paul J. Pucino, Defendant, to substitute Koji Fujumura, who is Retained Counsel, as attorney of record instead of Joel A. Feuer. (bm) (Entered: 01/13/2014) 08/29/ NOTICE OF MOTION AND MOTION to Lift Stay re Action, Restore Action, and Confirm Briefing Schedule filed by Lead Plaintiff Mike Hernandez. Motion set for hearing on 9/29/2014 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Proposed Order)(Wagner, Avi) (Entered: 08/29/2014) 08/29/ MEMORANDUM in Support of MOTION to Lift Stay re Action, Restore Action, and Confirm Briefing Schedule 44 filed by Plaintiff Mike Hernandez. (Attachments: # 1 Exhibit A - Notice of Dismissal)(Wagner, Avi) (Entered: 08/29/2014) 08/29/ NOTICE OF DISMISSAL filed by Plaintiff Khalil Zaghian pursuant to FRCP 41a(1) as to THQ Inc. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that, pursuant to Fed.R.Civ.P.41(a)(1), Lead Plaintiff voluntarily dismisses all claims against THQ Inc. with prejudice. (bp) (Entered: 10/16/2014) 09/25/ MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: Request for Further Briefing. The Parties' briefing so far contains insufficient information for the Court to determine whether any D&O policy exists. Accordingly, Defendants Farrell and

9 Pucino are hereby ORDERED to submit supplemental briefing indicating whether they might be protected by any D&O policy, and whether such a policy might be considered property of the THQ estate. The Court also notes that THQ has not yet been formally dismissed; although a notice of dismissalwas lodged, it was not filed, and therefore has not yet taken effect. Since they are still involved in this case, the Court ORDERS THQ to file its own supplemental briefing addressing these issues. If a D&O policy exists, THQ should provide it to the Court. The Parties briefing may be no more than 5 pages, excluding exhibits, and should be submitted no later than Friday, October 3, The hearing on Plaintiff's pending motion 44 is hereby CONTINUED to Monday, October 20, 2014 at 9:30 a.m. before Judge Gary A. Feess. See document for details. (smo) (Entered: 09/25/2014) 10/01/ NOTICE of Appearance filed by attorney Blake M Zollar on behalf of Defendants Brian J Farrell, Paul J Pucino (Attachments: # 1 Certificate of Service)(Attorney Blake M Zollar added to party Brian J Farrell(pty:dft), Attorney Blake M Zollar added to party Paul J Pucino(pty:dft))(Zollar, Blake) (Entered: 10/01/2014) 10/01/ NOTICE of Appearance filed by attorney Peter M Adams on behalf of Defendants Brian J Farrell, Paul J Pucino (Attachments: # 1 Certificate of Service)(Attorney Peter M Adams added to party Brian J Farrell(pty:dft), Attorney Peter M Adams added to party Paul J Pucino(pty:dft))(Adams, Peter) (Entered: 10/01/2014) 10/03/ RESPONSE filed by Defendant THQ Incto Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, 46 / THQ Inc.'s Response to the Court's Order of September 25, 2014 (Feuer, Joel) (Entered: 10/03/2014) 10/03/ SUPPLEMENT to MOTION to Lift Stay re Action, Restore Action, and Confirm Briefing Schedule 44 Supplemental Briefing in Response to Plaintiff's Unopposed Motion to Lift Stay, Restore Active Status, and Confirm Briefing Schedule filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Declaration Peter M. Adams ISO Individual Defendants' Supplemental Briefing in Response to Plaintiffs' Unopposed Motion to Lift Stay, Restore Active Status, and Confirm Briefing Schedule, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Certificate of Service)(Fukumura, Koji) (Entered: 10/03/2014) 10/15/ APPLICATION for attorney Adam M. Apton to Appear Pro Hac Vice(PHV Fee of $325 receipt number paid.) filed by Lead Plaintiff Mike Hernandez. (Attachments: # 1 Proposed Order, # 2 Exhibit - Certificates of Good Standing)(Wagner, Avi) (Entered: 10/15/2014) 10/15/ ORDER by Judge Gary A. Feess: granting 51 Application to Appear Pro Hac Vice by Attorney Adam M. Apton on behalf of Lead Plaintiff Mike Hernandez, designating Avi Wagner as local counsel. (lt) (Entered: 10/16/2014) 10/16/ MINUTES (IN CHAMBERS): ORDER re: Request to Lift Stay by Judge Gary A. Feess: Court will lift the stay and allow litigation to go forward in this case. Plaintiff's Motion to Lift the Stay 44 is therefore GRANTED. Plaintiff's notice of dismissal of THQ that was previously lodged with the Court is DEEMED FILED. (See Docket No ) The parties are to meet and confer no later than October 24, 2014, for the purpose of developing and submitting a joint statement to the court regarding the status of the litigation and a proposed schedule. The joint statement is to be filed with the Court no later than October 31, The Court will thereafter set the matter for a status conference with counsel. The

10 hearing scheduled for Monday, October 20, 2014 is VACATED. See document for details. (MD JS-5 Case Reopened) (smo) (Entered: 10/16/2014) 10/31/ STATUS REPORT and Proposed Schedule filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Certificate of Service)(Zollar, Blake) (Entered: 10/31/2014) 11/05/ MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: Schedule. The Court has reviewed the Joint Status Report and Proposed Schedule filed by theparties. The Court implements the following schedule: 1. Lead Plaintiff shall file his papers in Opposition to the Motion to Dismiss no later than December 5, 2014; 2. Defendants shall file their Reply papers in support of the Motion to Dismiss no later than January 9, 2015; and 3. The Motion to Dismiss 35 is scheduled for February 9, 2014 at 9:30 a.m. before Judge Gary A. Feess. (smo) (Entered: 11/05/2014) 12/02/ ORDER OF THE CHIEF JUDGE (#14-095) approved by Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the RETIREMENT of Judge Gary A. Feess, this case is transferred from Judge Gary A. Feess to the calendar of Judge Manuel L. Real for all further proceedings. The case number will now reflect the initials of the transferee Judge CV R (JEMx). (mg) (Entered: 12/03/2014) 12/04/ ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch) (Entered: 12/04/2014) 12/04/ SCHEDULING NOTICE by Judge Manuel L. Real re: MOTION to Dismiss the First Amended Complaint 35. COUNSEL ARE NOTIFIED that in accordance with this Court's motion hearing schedule and on the Court's own motion, the hearing on Defendant's Motion to Dismiss the Amended Complaint 35 is hereby ADVANCED to MONDAY, FEBRUARY 2, 2015 AT 10:00 A.M. (Motion set for hearing on 2/2/2015 at 10:00 AM before Judge Manuel L. Real.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY (Entered: 12/04/2014) 12/05/ NOTICE of Order Dated December 4, 2014 filed by Lead Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 12/05/2014) 12/05/ MEMORANDUM in Opposition to MOTION to Dismiss the First Amended Complaint 35 filed by Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 12/05/2014) 12/05/ DECLARATION of Adam M. Apton re MEMORANDUM in Opposition to Motion 61 filed by Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 12/05/2014) 01/06/ NOTICE of Appearance filed by attorney Ryan E Blair on behalf of Defendants Brian J Farrell, Paul J Pucino (Attachments: # 1 Certificate of Service)(Attorney Ryan E Blair added to party Brian J Farrell(pty:dft), Attorney Ryan E Blair added to party Paul J Pucino(pty:dft))(Blair, Ryan) (Entered: 01/06/2015) 01/06/ NOTICE of Change of Lead Counsel filed by Defendants Brian J Farrell, Paul J Pucino, (Attachments: # 1 Cert. of Service)(Fukumura, Koji) (Entered: 01/06/2015) 01/09/ DECLARATION of Ryan E. Blair In Support of Defendants Brian J. Farrell and Paul J. Pucino's Motion to Dismiss the First Amended Complaint MOTION to Dismiss the First Amended Complaint 35 filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Cert. of Service)(Blair, Ryan) (Entered: 01/09/2015) 01/09/ REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss the First Amended

11 Complaint 35 - Supplemental Request for Judicial Notice filed by Defendant Brian J Farrell, Paul J Pucino. (Attachments: # 1 Cert. of Service)(Blair, Ryan) (Entered: 01/09/2015) 01/09/ REPLY in Support of Motion MOTION to Dismiss the First Amended Complaint 35 filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Cert. of Service)(Fukumura, Koji) (Entered: 01/09/2015) 01/14/ MINUTES (IN CHAMBERS): ORDER TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real: The Court has determined that Defendants Motion to Dismiss the Amended Complaint 35 set for hearing on February 2, 2015 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of February 2, 2015 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. 35 (pj) (Entered: 01/16/2015) 02/04/ ORDER GRANTING DEFENDANTS BRIAN J. FARRELL and PAUL J. PUCINO'S MOTION TO DISMISS by Judge Manuel L. Real: IT IS HEREBY ORDERED that Defendants Brian J. Farrell and Paul J. Pucino's motion to dismiss, Dkt. # 35, is GRANTED. (MD JS-6. Case Terminated) (kss) (Entered: 02/04/2015) 03/03/ NOTICE OF APPEAL to the 9th CCA filed by Lead Plaintiff Mike Hernandez. Appeal of Order on Motion to Dismiss, 69 (Appeal fee of $505 receipt number paid.) (Wagner, Avi) (Entered: 03/03/2015) 03/03/ NOTIFICATION by Circuit Court of Appellate Docket Number , 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 70 as to Plaintiff Mike Hernandez. (mat) (Entered: 03/05/2015) 04/01/ NOTICE of Transcript Order Pursuant to Circuit Rule 10-3 filed by Lead Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 04/01/2015) 01/12/ MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 70 filed by Mike Hernandez. CCA # REVERSED and REMANDED.(mat) (Entered: 01/12/2017) 01/19/ ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 70 filed by Mike Hernandez. CCA # Defendants-Appellees' unopposed motion for an extension of time to file a petition for rehearing and petition for rehearing en banc is GRANTED. (mat) (Entered: 01/20/2017) 04/10/ MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 70, USCA Memorandum/Opinion/Order 73, CCA # The judgment of this Court, entered January 12, 2017, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car) (Entered: 04/11/2017) 05/03/ NOTICE of Appearance filed by attorney Adam C McCall on behalf of Plaintiff Mike Hernandez (Attorney Adam C McCall added to party Mike Hernandez(pty:pla))(McCall, Adam) (Entered: 05/03/2017) 05/05/ STIPULATION for Settlement filed by lead plaintiff Mike Hernandez. (Attachments: # 1 Exhibit A - [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AND DIRECTING DISSEMINATION OF NOTICE TO CLASS, # 2

12 Exhibit A-1 - PROPOSED NOTICE, # 3 Exhibit A-2 - PROOF OF CLAIM, # 4 Exhibit A-3 - SUMMARY NOTICE, # 5 Exhibit B - [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE)(McCall, Adam) (Entered: 05/05/2017) 05/05/ NOTICE OF MOTION AND MOTION for Settlement Approval of PRELIMINARY APPROVAL filed by lead plaintiff Mike Hernandez. Motion set for hearing on 6/5/2017 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Proposed Order) (McCall, Adam) (Entered: 05/05/2017) 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