U.S. District Court United States District Court for the Western District of Washington (Tacoma) CIVIL DOCKET FOR CASE #: 3:09-cv RBL

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1 US District Court Civil Docket as of 8/26/2011 Retrieved from the court on August 26, 2011 U.S. District Court United States District Court for the Western District of Washington (Tacoma) CIVIL DOCKET FOR CASE #: 3:09-cv RBL Richard v. Northwest Pipe Company et al Assigned to: Judge Ronald B. Leighton Member case: 3:09-cv RBL Date Filed: 11/20/2009 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: U.S. Government Plaintiff Cause: 15:78m(a) Securities Exchange Act Plaintiff Jerry Richard Individually and on behalf of all others similarly situated represented by Dan Drachler ZWERLING SCHACHTER & ZWERLING RD AVE STE 1030 SEATTLE, WA Fax: LEAD ATTORNEY Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund individually and on behalf of all others similarly situated represented by Christopher M Wood ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA Fax: cwood@rgrdlaw.com

2 LEAD ATTORNEY Darren J Robbins ROBBINS GELLER RUDMAN & DOWD LLP 655 W BROADWAY STE 1900 SAN DIEGO, CA e_file_sd@csgrr.com LEAD ATTORNEY Eli R Greenstein ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA egreenstein@ktmc.com TERMINATED: 04/25/2011 LEAD ATTORNEY Karl Phillip Barth HAGENS BERMAN SOBOL SHAPIRO LLP (WA) th AVE STE 3300 SEATTLE, WA karlb@hbsslaw.com LEAD ATTORNEY Christopher P Seefer ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER

3 ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA V. Defendant Northwest Pipe Company represented by George H Mernick, III HOGAN LOVELLS US LLP (WASH DC) COLUMBIA SQUARE 555 THIRTEENTH ST NW WASHINGTON, DC Fax: FAX ghmernick@hhlaw.com LEAD ATTORNEY Robin Wechkin HOGAN LOVELLS US LLP (WA) TH PL SE ISSAQUAH, WA robin.wechkin@hoganlovells.com Defendant Brian W Dunham represented by Erin M. Wilson LANE POWELL PC (SEA) 1420 FIFTH AVE STE 4100 SEATTLE, WA wilsonem@lanepowell.com

4 Larry Steven Gangnes LANE POWELL PC (SEA) 1420 FIFTH AVE STE 4100 SEATTLE, WA Milo Petranovich LANE POWELL (OR) 601 SW 2ND AVE STE 2100 PORTLAND, OR Richard Leigh Baum ROBERT KAPLAN LLP 601 SW SECOND AVENUE STE 1800 PORTLAND, OR TERMINATED: 06/10/2011 Defendant Stephanie J Welty represented by Barry M Kaplan WILSON SONSINI GOODRICH & ROSATI (WA) 701 FIFTH AVE STE 5100 SEATTLE, WA Fax: bkaplan@wsgr.com Douglas J Clark

5 WILSON SONSINI GOODRICH & ROSATI (PALO ALTO) 650 PAGE MILL RD PALO ALTO, CA Ignacio E Salceda WILSON SONSINI GOODRICH & ROSATI (PALO ALTO) 650 PAGE MILL RD PALO ALTO, CA isalceda@wsgr.com Inessa Baram-Blackwell WILSON SONSINI GOODRICH & ROSATI (WA) 701 FIFTH AVE STE 5100 SEATTLE, WA ibaramblackwell@wsgr.com Defendant William R Tagmyer V. Interested Party Plumbers and Pipefitters Local No. 630 Pension-Annuity Trust Fund

6 Date Filed # Docket Text 11/20/ COMPLAINT (Summons(es) issued)(receipt # SEA 30615) (Attachments: # 1 Civil Cover Sheet, # 2 Case Info Sheet)(JAB) (Entered: 11/23/2009) 11/30/ ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Ronald B. Leighton. (DN) (Entered: 11/30/2009) 11/30/ ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 3/1/2010, FRCP 26f Conference Deadline is 2/16/2010, Initial Disclosure Deadline is 2/22/2010, by Judge Ronald B. Leighton. (DN) (Entered: 11/30/2009) 12/21/ SERVICE OF SUMMONS and Complaint returned executed upon defendant Northwest Pipe Company on 12/10/2009 (CMG) (Entered: 12/28/2009) 12/21/ SERVICE OF SUMMONS and Complaint returned executed upon defendant Stephanie J Welty on 12/10/2009 (CMG) (Entered: 12/28/2009) 12/21/ SERVICE OF SUMMONS and Complaint returned executed upon defendant Brian W Dunham on 12/10/2009 (CMG) (Entered: 12/28/2009) 12/28/ AFFIDAVIT of Service of Summons and Complaint on Stacey (Northwest Pipe) on 12/10/2009, filed by Plaintiff Jerry Richard. (Drachler, Dan) (Entered: 12/28/2009) 12/28/ AFFIDAVIT of Service of Summons and Complaint on Brian W. Dunham on 12/10/2009, filed by Plaintiff Jerry Richard. (Drachler, Dan) (Entered: 12/28/2009) 12/28/ AFFIDAVIT of Service of Summons and Complaint on Stephanie J. Welty on 12/10/2009, filed by Plaintiff Jerry Richard. (Drachler, Dan) (Entered: 12/28/2009) 01/19/ MOTION to Appoint Plumbers and Pipefitters Local No. 630 Pension-Annuity Trust Fund for Lead Plaintiff by Plaintiff Jerry Richard. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 2/5/2010, (Barth, Karl) Counsel Karl Barth does not represent Plaintiff Richard in this case, but represents Plaintiff Plumbers & Pipefitters Local No 630 Pension- Annunity Trust Fund in class action case Modified on 1/20/2010

7 (VB). (Entered: 01/19/2010) 01/19/ DECLARATION of Karl P. Barth filed by Plaintiff Jerry Richard re 10 MOTION to Appoint Plumbers and Pipefitters Local No. 630 Pension-Annuity Trust Fund for Lead Plaintiff (Attachments: # 1 Exhibit A - Notice of Pendency, # 2 Exhibit B - Certification, # 3 Exhibit C - Purchase and Loss History, # 4 Exhibit D - Resume of Coughlin Stoia Geller Rudman & Robbins, # 5 Exhibit E - Resume for Lovell Mitchell & Barth)(Barth, Karl) See modification entry on document #10. Modified on 1/20/2010 (VB). (Entered: 01/19/2010) 01/20/2010 NOTICE of Docket Text Modification re 11 Declaration,, 10 MOTION to Appoint Plumbers and Pipefitters Local No. 630 Pension-Annuity Trust Fund for Lead Plaintiff : Counsel Karl Barth does not represent Plaintiff: Richard in this case, but represents Plaintiff: Plumbers & Pipefitters Local No 630 Pension-Annunity Trust Fund in class action case (VB) (Entered: 01/20/2010) 01/21/ STIPULATION AND PROPOSED ORDER re Scheduling by parties. (Drachler, Dan) (Entered: 01/21/2010) 01/26/ STIPULATION AND ORDER regarding scheduling by Judge Ronald B. Leighton. (JAB) (Entered: 01/26/2010) 01/28/ NOTICE of Appearance by attorney Robin Wechkin on behalf of Defendant Northwest Pipe Company. (Wechkin, Robin) (Entered: 01/28/2010) 02/05/ NOTICE of No Opposition re 10 MOTION to Appoint Plumbers and Pipefitters Local No. 630 Pension-Annuity Trust Fund for Lead Plaintiff (Barth, Karl) (Entered: 02/05/2010) 02/18/ NOTICE of Change of Address of Attorney Karl Phillip Barth. Filed by Plaintiff Jerry Richard. (Barth, Karl) (Entered: 02/18/2010) 02/18/ PROPOSED ORDER (Unsigned) re 10 MOTION to Appoint Plumbers and Pipefitters Local No. 630 Pension-Annuity Trust Fund for Lead Plaintiff AMENDED [PROPOSED] ORDER GRANTING PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 630 PENSION-ANNUITY TRUST FUND'S MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF COUNSEL. (Barth, Karl) (Entered:

8 02/18/2010) 02/25/ ORDER to Consolidate re 17 signed by Judge Ronald B. Leighton. Case No. C RBL is now consolidated into this matter. All further pleadings shall bear the Case No. C RBL.(DN) (Entered: 02/26/2010) 03/02/ APPLICATION OF ATTORNEY Christopher Martin Wood FOR LEAVE TO APPEAR for Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund (Fee Paid) Receipt No (Attachments: # 1 Attorney Registration Form)(Barth, Karl) (Entered: 03/02/2010) 03/02/ APPLICATION OF ATTORNEY Eli R. Greenstein FOR LEAVE TO APPEAR for Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund (Fee Paid) Receipt No (Attachments: # 1 Attorney Registration Form)(Barth, Karl) (Entered: 03/02/2010) 03/02/ ORDER on the 19 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Christopher M Wood for Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund, by Bruce Rifkin. (No document associated with this docket entry, text only.)(met) (Entered: 03/02/2010) 03/02/ ORDER on the 20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Eli R Greenstein for Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund, by Bruce Rifkin. (No document associated with this docket entry, text only.)(met) (Entered: 03/02/2010) 03/11/ STIPULATION AND PROPOSED ORDER Regarding Scheduling of Filing of Consolidated Complaint and Corresponding Motions to Dismiss by parties. (Greenstein, Eli) (Entered: 03/11/2010) 03/12/ ORDER on STIPULATION re 23 Regarding Scheduling of Filing of Consolidated Complaint and Corresponding Motions to Dismiss, signed by Judge Ronald B. Leighton. (DN) (Entered: 03/12/2010) 03/23/ NOTICE OF FIRM NAME CHANGE ; filed by Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund. (Greenstein, Eli) (Entered: 03/23/2010)

9 04/16/ AFFIDAVIT of Service of Summons and Complaint on William Tagmyer c/o Robin Wechkin on 4/5/2010, filed by Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund. (Barth, Karl) (Entered: 04/16/2010) 05/03/ NOTICE Notice of Change of Attorney Information ; filed by Defendant Northwest Pipe Company. (Wechkin, Robin) (Entered: 05/03/2010) 08/24/ NOTICE of Change of Address of Attorney Eli R Greenstein. Filed by Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund. (Greenstein, Eli) (Entered: 08/24/2010) 12/20/ AMENDED COMPLAINT CONSOLIDATED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against defendant(s) Brian W Dunham, Northwest Pipe Company, Stephanie J Welty with JURY DEMAND, filed by Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund.(Greenstein, Eli) (Entered: 12/20/2010) 01/20/ NOTICE of Appearance by attorney Larry Steven Gangnes on behalf of Defendant Brian W Dunham. (Gangnes, Larry) (Entered: 01/20/2011) 01/20/ APPLICATION OF ATTORNEY Milo Petranovich FOR LEAVE TO APPEAR for Defendant Brian W Dunham (Fee Paid) Receipt No (Gangnes, Larry) (Entered: 01/20/2011) 01/20/ ORDER on the 31 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Milo Petranovich for Brian W Dunham, by William M. McCool. (No document associated with this docket entry, text only.)(cmg) (Entered: 01/20/2011) 01/25/ STIPULATION AND PROPOSED ORDER Regarding Revised Briefing Schedule on Motions to Dismiss by parties re (24 in 3:09-cv RBL) Stipulation and Order. (Gangnes, Larry) (Entered: 01/25/2011) 01/26/ ORDER on STIPULATION re 33 Granting Revised Briefing Schedule on Motions to Dismiss, signed by Judge Ronald B. Leighton. (DN) (Entered: 01/26/2011) 01/28/ NOTICE of Appearance by attorney Barry M Kaplan on behalf of Defendant Stephanie J Welty. (Kaplan, Barry) (Entered: 01/28/2011)

10 01/28/ APPLICATION OF ATTORNEY Douglas J. Clark FOR LEAVE TO APPEAR for Defendant Stephanie J Welty (Fee Paid) Receipt No (Kaplan, Barry) (Entered: 01/28/2011) 01/28/ APPLICATION OF ATTORNEY Ignacio E. Salceda FOR LEAVE TO APPEAR for Defendant Stephanie J Welty (Fee Paid) Receipt No (Kaplan, Barry) (Entered: 01/28/2011) 01/28/ ORDER on the 36 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Douglas J Clark for Stephanie J Welty, by William M. McCool. (No document associated with this docket entry, text only.)(met) (Entered: 02/01/2011) 01/28/ ORDER on the 37 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Ignacio E Salceda for Stephanie J Welty, by William M. McCool. (No document associated with this docket entry, text only.)(met) (Entered: 02/01/2011) 02/21/ STIPULATION AND PROPOSED ORDER Regarding Briefing of Motions to Dismiss by parties. (Wechkin, Robin) (Entered: 02/21/2011) 02/25/ MOTION to Dismiss Consolidated Complaint by Defendant Northwest Pipe Company. (Attachments: # 1 Proposed Order) Noting Date 5/27/2011, (Wechkin, Robin) (Entered: 02/25/2011) 02/25/ DECLARATION of Robin E. Wechkin filed by Defendant Northwest Pipe Company re 41 MOTION to Dismiss Consolidated Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Wechkin, Robin) (Entered: 02/25/2011) 02/25/ MOTION to Dismiss Consolidated Complaint by Defendant Stephanie J Welty. (Attachments: # 1 Proposed Order) Noting Date 5/27/2011, (Kaplan, Barry) (Entered: 02/25/2011) 02/25/ MOTION to Dismiss Consolidated Complaint by Defendant Brian W Dunham. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 5/27/2011, (Gangnes, Larry) (Entered: 02/25/2011)

11 02/25/ NOTICE of Joinder JOINING 43 MOTION to Dismiss Consolidated Complaint, 41 MOTION to Dismiss Consolidated Complaint, by Defendant Brian W Dunham. (Gangnes, Larry) (Entered: 02/25/2011) 03/14/ ORDER on STIPULATION re 40 Briefing of Motions to Dismiss, signed by Judge Ronald B. Leighton. (DN) (Entered: 03/14/2011) 03/31/ APPLICATION OF ATTORNEY Christopher P. Seefer FOR LEAVE TO APPEAR for Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund (Fee Paid) Receipt No (Barth, Karl) (Entered: 03/31/2011) 03/31/ ORDER on the 47 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Christopher P Seefer for Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund, by William M. McCool. (No document associated with this docket entry, text only.)(cmg) (Entered: 03/31/2011) 04/25/ NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Eli R Greenstein for Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund. (Seefer, Christopher) (Entered: 04/25/2011) 05/03/ RESPONSE, by Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund, to 43 MOTION to Dismiss Consolidated Complaint, 44 MOTION to Dismiss Consolidated Complaint, 41 MOTION to Dismiss Consolidated Complaint. Oral Argument Requested. (Seefer, Christoper) (Entered: 05/03/2011) 05/03/ AFFIDAVIT of Christopher M. Wood filed by Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund re 50 Response to Motion, DECLARATION OF CHRISTOPHER M. WOOD IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS THE CONSOLIDATED COMPLAINT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Wood, Christopher) (Entered: 05/03/2011) 05/03/ REQUEST Plaintiff's Request for Judicial Notice by Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund for Judicial Notice re 51 Affidavit, 50 Response to Motion,. (Wood, Christopher) (Entered: 05/03/2011)

12 05/27/ REPLY, filed by Defendant Stephanie J Welty, TO RESPONSE to 43 MOTION to Dismiss Consolidated Complaint (Salceda, Ignacio) (Entered: 05/27/2011) 05/27/ DECLARATION of Ignacio E. Salceda filed by Defendant Stephanie J Welty re 43 MOTION to Dismiss Consolidated Complaint (Attachments: # 1 Exhibits 1 to 5)(Salceda, Ignacio) (Entered: 05/27/2011) 05/27/ REPLY, filed by Defendants Brian W Dunham, Northwest Pipe Company, TO RESPONSE to 44 MOTION to Dismiss Consolidated Complaint, 41 MOTION to Dismiss Consolidated Complaint (Attachments: # 1 Appendix)(Wechkin, Robin) (Entered: 05/27/2011) 05/27/ DECLARATION of Robin E. Wechkin filed by Defendants Brian W Dunham, Northwest Pipe Company re 44 MOTION to Dismiss Consolidated Complaint, 41 MOTION to Dismiss Consolidated Complaint (Attachments: # 1 Exhibit A)(Wechkin, Robin) (Entered: 05/27/2011) 06/09/ REQUEST by Plaintiff Plumbers and Pipefitters Local Union No 630 Pension Annuity Trust Fund for Request to Submit Recent Authority. (Attachments: # 1 Exhibit A)(Wood, Christopher) (Entered: 06/09/2011) 06/10/ NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Richard Leigh Baum for Defendant Brian W Dunham. (Gangnes, Larry) (Entered: 06/10/2011) 08/26/ ORDER denying 41 Motion to Dismiss; denying 43 Motion to Dismiss; denying 44 Motion to Dismiss, signed by Judge Ronald B. Leighton.(DN) (Entered: 08/26/2011) 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