U.S. District Court Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:13-cv WTL-TAB
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1 US District Court Civil Docket as of July 27, 2015 Retrieved from the court on July 27, 2015 U.S. District Court Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:13-cv WTL-TAB BARON et al v. ANGIE'S LIST, INC. et al Assigned to: Judge William T. Lawrence Referred to: Magistrate Judge Tim A. Baker Related Case: 1:14-cv WTL-TAB Cause: 28:1331 Fed. Question: Securities Violation Plaintiff EVA BARON Individually and on Behalf of All Others Similarly Situated Date Filed: 12/23/2013 Date Terminated: 07/27/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Charles C. Hayes SWEENEY HAYES LLC 141 E. Washington Suite 225 Indianapolis, IN Deborah Ruth Gross LAW OFFICE OF BERNARD M. GROSS PC 100 Penn Square East Suite 450 Philadelphia, PA Fax: James A.L. Buddenbaum PARR RICHEY OBREMSKEY FRANDSEN & PATTERSON LLP 251 North Illinois Street, Suite 1800 Indianapolis, IN Fax: (317) Mary K. Blasy ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road
2 Suite 200 Melville, NY Fax: (Inactive) Michael L. Schultz PARR RICHEY OBREMSKEY FRANDSEN & PATTERSON LLP 251 North Illinois Street, Suite 1800 Indianapolis, IN Fax: (317) Samuel H. Rudman ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road Suite 200 Melville, NY Fax: Travis W. Montgomery PARR RICHEY OBREMSKEY FRANDSEN & PATTERSON LLP 251 North Illinois Street, Suite 1800 Indianapolis, IN Fax: (317) Plaintiff HAROLD BARON Individually and on Behalf of All Others Similary Situated represented by Charles C. Hayes Deborah Ruth Gross James A.L. Buddenbaum
3 Mary K. Blasy Michael L. Schultz Samuel H. Rudman Travis W. Montgomery Plaintiff PLYMOUTH COUNTY RETIREMENT SYSTEM represented by Angelina Nguyen LABATON SUCHAROW LLP 140 Broadway New York, NY Fax: Jonathan Gardner LABATON SUCHAROW LLP 140 Broadway New York, NY Fax: Steven Michael Crell COHEN GARELICK & GLAZIER 8888 Keystone Crossing Plaza Suite 800 Indianapolis, IN (317) Fax: (317) Plaintiff UNITED FOOD & COMMERCIAL represented by Brad A. Catlin
4 WORKERS LOCAL 464A PENSION FUND "Lead Plaintiff" PRICE WAICUKAUSKI & RILEY 301 Massachusetts Avenue Indianapolis, IN (317) Fax: (317) LEAD ATTORNEY Ronald J. Waicukauski PRICE WAICUKAUSKI JOVEN & CAITLIN, LLC THE HAMMOND BLOCK BUILDING 301 Massachusetts Avenue Indianapolis, IN (317) Fax: (317) LEAD ATTORNEY Darren J. Check KESSLER TOPAZ MELTZER & CHECK LLP 280 King of Prussia Road Radnor, PA (610) Fax: (610) Johnston de F. Whitman, Jr. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA Fax: Joshua A. Materese KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA Fax:
5 Meredith L. Lambert KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA Fax: Michael K. Yarnoff KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA Fax: Plaintiff CHRISTOPHER BARTOLONE Individually and on Behalf of all others Smiliary Situated - Consolidated Plaintiff 1:14-cv WTL-TAB represented by Charles C. Hayes Jeremy A. Lieberman POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY Fax: jalieberman@pomlaw.com Kathleen M. Sweeney SWEENEY HAYES LLC 141 East Washington Street Suite 225 Indianapolis, IN (317) Fax: (317) ksween@gmail.com
6 Lesley F. Portnoy POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY Fax: V. Defendant ANGIE'S LIST, INC. represented by Bruce G. Vanyo KATTEN MUCHIN-Los Angeles 2029 Century Park East Suite 2600 Los Angeles, CA Fax: George A. Gasper ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN (317) Fax: (317) Mary Ellen Hennessy KATTEN MUCHIN ROSENMAN LLP- Chicago 525 West Monroe Chicago, IL Fax: Michael J. Lohnes KATTEN MUCHIN ROSENMAN LLP- Chicago
7 525 West Monroe Chicago, IL Fax: Nicholas B. Reuhs ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN Philip A. Whistler ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN (317) Fax: (317) Defendant WILLIAM S. OESTERLE represented by Bruce G. Vanyo George A. Gasper Mary Ellen Hennessy Michael J. Lohnes Nicholas B. Reuhs
8 Philip A. Whistler Defendant ANGELA R. HICKS BOWMAN represented by Bruce G. Vanyo George A. Gasper Mary Ellen Hennessy Michael J. Lohnes Nicholas B. Reuhs Philip A. Whistler Defendant CHARLES HUNDT represented by Bruce G. Vanyo George A. Gasper Mary Ellen Hennessy Michael J. Lohnes
9 Nicholas B. Reuhs Philip A. Whistler Defendant ROBERT R. MILLARD represented by Bruce G. Vanyo George A. Gasper Mary Ellen Hennessy Michael J. Lohnes Nicholas B. Reuhs Philip A. Whistler Defendant MARK HOWELL represented by Bruce G. Vanyo George A. Gasper Mary Ellen Hennessy
10 Michael J. Lohnes Nicholas B. Reuhs Philip A. Whistler Date Filed # Docket Text 12/23/ COMPLAINT against All Defendants, filed by EVA BARON and HAROLD BARON. (Filing fee $400, receipt number IP038779) (Attachments: # 1 Civil Cover Sheet)(JKS) (Entered: 12/26/2013) 12/23/ NOTICE of Appearance by Michael L. Schultz on behalf of Plaintiffs EVA BARON, HAROLD BARON. (JKS) (Entered: 12/26/2013) 12/23/ NOTICE of Appearance by Travis W. Montgomery on behalf of Plaintiffs EVA BARON, HAROLD BARON. (JKS) (Entered: 12/26/2013) 12/23/ NOTICE of Appearance by James A.L. Buddenbaum on behalf of Plaintiffs EVA BARON, HAROLD BARON. (JKS) (Entered: 12/26/2013) 12/23/ EXHIBIT re 1 Complaint -- Certification of EVA BARON and HAROLD BARON, by Plaintiffs. (Attachments: # 1 Exhibit A - Purchases)(JKS) (Entered: 12/26/2013) 12/23/ Summons Issued as to ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (JKS) (Entered: 12/26/2013) 12/26/ MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JKS) (Entered: 12/26/2013) 01/16/ NOTICE of Appearance by Philip A. Whistler on behalf of Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Whistler, Philip) (Entered: 01/16/2014) 01/16/ NOTICE of Appearance by George A. Gasper on behalf of Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Gasper, George) (Entered: 01/16/2014) 01/16/ NOTICE of Appearance by Nicholas B. Reuhs on behalf of Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Reuhs, Nicholas) (Entered: 01/16/2014)
11 01/16/ MOTION for Attorney(s) Samuel H. Rudman to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Buddenbaum, James) (Entered: 01/16/2014) 01/16/ MOTION for Attorney(s) Deborah Gross to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Buddenbaum, James) (Entered: 01/16/2014) 01/16/ MOTION for Attorney(s) Mary K. Blasy to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Buddenbaum, James) (Entered: 01/16/2014) 01/16/ MOTION for Attorney(s) Mary Ellen Hennessy to Appear pro hac vice (Filing fee $30, receipt number ), filed by Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Attachments: # 1 Text of Proposed Order)(Hennessy, Mary) (Entered: 01/16/2014) 01/16/ MOTION for Attorney(s) Michael J. Lohnes to Appear pro hac vice (Filing fee $30, receipt number ), filed by Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Attachments: # 1 Text of Proposed Order)(Lohnes, Michael) (Entered: 01/16/2014) 01/16/ MOTION for Attorney(s) Bruce G. Vanyo to Appear pro hac vice (Filing fee $30, receipt number ), filed by Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Attachments: # 1 Proposed Order)(Vanyo, Bruce) (Entered: 01/16/2014) 01/17/ Joint MOTION FOR ENTRY OF PRELIMINARY SCHEDULING ORDER, filed by Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD, WILLIAM S. OESTERLE, Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Text of Proposed Order proposed order)(whistler, Philip) (Entered: 01/17/2014) 01/21/ ORDER granting 14 Motion to Appear pro hac vice. Attorney Mary Ellen Hennessy for ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD and WILLIAM S. OESTERLE added. Signed by Magistrate Judge Tim A. Baker on 1/21/2014. (SWM) (Entered: 01/21/2014) 01/21/ ORDER granting 15 Motion to Appear pro hac vice. Attorney Michael J. Lohnes for ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, THAPAR MANU, ROBERT R. MILLARD and WILLIAM S. OESTERLE added. Signed by Magistrate Judge Tim A. Baker on 1/21/2014. (SWM) (Entered: 01/21/2014) 01/21/ ORDER granting 16 Motion to Appear pro hac vice. Attorney Bruce G. Vanyo for ANGIE'S LIST, INC., WILLIAM S. OESTERLE, ANGELA R. HICKS BOWMAN, CHARLES HUNDT, ROBERT R. MILLARD and THAPAR MANU added. Signed by Magistrate Judge Tim A. Baker on 1/21/2014. (SWM) (Entered: 01/21/2014) 01/21/ Corporate Disclosure Statement by ANGIE'S LIST, INC.. (Gasper, George) (Entered:
12 01/21/2014) 01/23/ ORDER granting Parties' 17 Agreed Motion for Entry of Preliminary Scheduling Order (see Order). Signed by Magistrate Judge Tim A. Baker on 1/23/2014. (SWM) (Entered: 01/23/2014) 01/23/ MOTION to Amend/Correct 13 MOTION for Attorney(s) Mary K. Blasy to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Exhibit A - Certification of Mary K. Blasy In Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Buddenbaum, James) (Entered: 01/23/2014) 01/23/ MOTION to Amend/Correct 11 MOTION for Attorney(s) Samuel H. Rudman to Appear pro hac vice (Filing fee $30, receipt number ) Amended Motion to Appear Pro Hac Vice on Behalf of Attorney Samuel H. Rudman, filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Exhibit A - Certification of Samuel H. Rudman In Support of Motion to Appear Pro Hac vice, # 2 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Buddenbaum, James) (Entered: 01/23/2014) 01/24/ ORDER granting 13 Motion to Appear pro hac vice. Attorney Mary K. Blasy added for EVA BARON and for HAROLD BARON. Signed by Magistrate Judge Tim A. Baker on 1/24/2014. (copy to Atty Blasy via US Mail) (JKS) (Entered: 01/27/2014) 01/24/ ORDER granting 11 Motion to Appear pro hac vice. Attorney Samuel H. Rudman added for EVA BARON and for HAROLD BARON. Signed by Magistrate Judge Tim A. Baker on 1/24/2014. (copy to Attorney Rudman via US Mail) (JKS) (Entered: 01/27/2014) 01/28/ NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Mary K. Blasy hereby notifies the Clerk of the court of changed contact information. (Blasy, Mary) (Entered: 01/28/2014) 01/28/ MOTION to Amend/Correct 12 MOTION for Attorney(s) Deborah Gross to Appear pro hac vice (Filing fee $30, receipt number ) Amended Motion to Appear Pro Hac Vice on Behalf of Attorney Deborah R. Gross, filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Exhibit A - Certification of Deborah R. Gross in Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Buddenbaum, James) (Entered: 01/28/2014) 01/29/ NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Deborah Ruth Gross hereby notifies the Clerk of the court of changed contact information. (Attachments: # 1 Certificate of Service) (Gross, Deborah) (Entered: 01/29/2014) 01/30/ ORDER granting 28 Motion to Amend/Correct; granting 12 Motion to Appear pro hac vice. Attorney Deborah Ruth Gross for EVA BARON and HAROLD BARON added. Signed by Magistrate Judge Tim A. Baker on 1/30/2014. (SWM) (Entered: 01/30/2014) 02/21/ MOTION to Consolidate Cases, filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Text of Proposed Order)(Hayes, Charles) (Entered: 02/21/2014) 02/21/ BRIEF/MEMORANDUM in Support re 31 MOTION to Consolidate Cases, filed by Plaintiffs EVA BARON, HAROLD BARON. (Hayes, Charles) (Entered: 02/21/2014) 02/21/ EXHIBIT in Support of Motion re 31 MOTION to Consolidate Cases, filed by Plaintiffs EVA BARON, HAROLD BARON. (Attachments: # 1 Exhibit Exhibit A - Business Wire Press Release, # 2 Exhibit Cetification of executed members of Investor Group, # 3
13 Exhibit Exhibit C - Chart Detailing Investor Losses, # 4 Exhibit Exhibit D - Pomerantz Firm Resume)(Hayes, Charles) (Entered: 02/21/2014) 02/21/ NOTICE of Appearance by Steven Michael Crell on behalf of Plaintiff Plymouth County Retirement System. (Crell, Steven) (Entered: 02/21/2014) 02/21/ First MOTION to Consolidate Cases Plymouth Retirement System's (), First MOTION to Appoint as Lead Plaintiff (), First MOTION to Appoint Counsel as Lead Counsel, filed by Plaintiff Plymouth County Retirement System. (Attachments: # 1 Memo in Support, # 2 Exhibit County Certification, # 3 Exhibit Loss Analysis, # 4 Exhibit Notice of Action, # 5 Exhibit Firm Resume, # 6 Lead Plaintiff Declaration, # 7 Text of Proposed Order)(Crell, Steven) (Entered: 02/21/2014) 02/21/ NOTICE of Appearance by Brad A. Catlin on behalf of Miscellaneous Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Catlin, Brad) (Entered: 02/21/2014) 02/21/ MOTION to Consolidate Cases OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF COUNSEL, filed by Miscellaneous Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Catlin, Brad) (Entered: 02/21/2014) 02/21/ BRIEF/MEMORANDUM in Support re 37 MOTION to Consolidate Cases OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF COUNSEL, filed by Miscellaneous Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Catlin, Brad) (Entered: 02/21/2014) 02/21/ DECLARATION of Brad A. Catlin re 37 Motion to Consolidate Cases by Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Attachments: # 1 Exhibit A - Notice, # 2 Exhibit B - Certification, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - KTMC, # 5 Exhibit E - PWR)(Catlin, Brad) (Entered: 02/21/2014) 02/21/ NOTICE of Appearance by Ronald J. Waicukauski on behalf of Miscellaneous Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Waicukauski, Ronald) (Entered: 02/21/2014) 03/10/ NOTICE of Non-Opposition, filed by Plaintiff Plymouth County Retirement System, re 37 MOTION to Consolidate Cases OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF COUNSEL. (Crell, Steven) (Entered: 03/10/2014) 03/10/ BRIEF/MEMORANDUM in Support re 37 MOTION to Consolidate Cases OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF COUNSEL, filed by Miscellaneous Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Catlin, Brad) (Entered: 03/10/2014) 03/20/ REPLY in Support of Motion re 37 MOTION to Consolidate Cases OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF COUNSEL, filed by Miscellaneous Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Catlin, Brad) (Entered: 03/20/2014) 03/27/ NOTICE of Withdrawal of Motion To Be Appointed Lead Counsel, filed by Plaintiffs EVA BARON, HAROLD BARON, Plymouth County Retirement System, re 31 MOTION to Consolidate Cases. (Sweeney, Kathleen) (Entered: 03/27/2014)
14 06/10/ MOTION for Attorney(s) Angelina Nguyen, to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiff Plymouth County Retirement System. (Attachments: # 1 Exhibit Certification)(Crell, Steven) Modified on 6/10/2014 (JKS). (Entered: 06/10/2014) 06/10/ Submission of Proposed Order for Attorney Angelina Nguyen, re 45 MOTION for Attorney(s) Jonathan Gardner to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiff Plymouth County Retirement System. (Crell, Steven) (Entered: 06/10/2014) 06/10/ MOTION for Attorney(s) Jonathan Gardner to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiff Plymouth County Retirement System. (Attachments: # 1 Exhibit Certification, # 2 Text of Proposed Order Proposed Order)(Crell, Steven) (Entered: 06/10/2014) 06/12/ ORDER granting 45 Motion to Appear pro hac vice. Attorney Angelina Nguyen for Plymouth County Retirement System added. Copy to Angelina Nguyen via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/12/2014. (SWM) (Entered: 06/12/2014) 06/12/ ORDER granting 47 Motion to Appear pro hac vice. Attorney Jonathan Gardner for Plymouth County Retirement System added. Copy to Jonathan Gardner via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/12/2014. (SWM) (Entered: 06/12/2014) 06/16/ ORDER ON MOTIONS TO CONSOLIDATE, TO APPOINT AS LEAD PLAINTIFF AND TO APPROVE SELECTION OF COUNSEL. The Clerk is hereby directed to close cause number 1:14- cv-23-wtl-tab and consolidate it into 1:13-cv-2032-WTL-TAB. Plymouth's motions to appoint it as lead plaintiff and approve its selection of lead counsel (dkt. no. 35 in cause no. 1:13-cv-2032; dkt. no. 28 in cause no. 1:14-cv-23) are DENIED. Local 464A's motions to appoint it as lead plaintiff and approve its selection of lead counsel (dkt. no. 37 in cause no. 1:13-cv-2032; dkt. no. 30 in cause no. 1:14-cv-23) are GRANTED (SEE ORDER). Signed by Judge William T. Lawrence on 6/16/2014. (MAC) (Entered: 06/16/2014) 06/24/ MOTION for Attorney(s) Meredith L. Lambert to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Attachments: # 1 Text of Proposed Order)(Catlin, Brad) (Entered: 06/24/2014) 06/24/ MOTION for Attorney(s) Joshua A. Materese to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Attachments: # 1 Text of Proposed Order)(Catlin, Brad) (Entered: 06/24/2014) 06/24/ MOTION for Attorney(s) Johnston De F. Whitman, Jr. to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Attachments: # 1 Text of Proposed Order)(Catlin, Brad) (Entered: 06/24/2014) 06/24/ MOTION for Attorney(s) Michael K. Yarnoff to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Attachments: # 1 Text of Proposed Order)(Catlin, Brad) (Entered: 06/24/2014) 06/25/ RECEIPT #IP for pro hac vice fees in the amount of $120.00, paid by Kessler Topaz Meltzer & Check LLP (for attorneys Meredith Lambert, Joshua Materese, Johnston
15 De F. Whitman, Jr., and Michael K. Yarnoff). (DJH) (Entered: 06/25/2014) 06/26/ ORDER granting 51 Motion to Appear pro hac vice. Attorney Meredith L. Lambert for Putative class member United Food & Commercial Workers Local 464A Pension Fund added. Counsel is ordered to register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Meredith L. Lambert, Johnston de F. Whitman, Jr. and Michael K. Yarnoff via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/26/2014. (SWM) (Entered: 06/27/2014) 06/26/ MARGINAL ENTRY taking under advisement Joshua Materese's 52 Motion to Appear pro hac vice. A check by the Clerk's office indicates that, contrary to the representation made in the affidavit attached to this motion, attorney Joshua Materese is not admitted in Colorado. This motion will remain under advisement and Materese shall submit proof of his Colorado admission by July 10, Copy to Joshua Materese via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/26/2014. (SWM) (Entered: 06/27/2014) 06/26/ ORDER granting 52 Motion to Appear pro hac vice. Attorney Johnston de F. Whitman, Jr. for Putative class member United Food & Commercial Workers Local 464A Pension Fund added. Counsel is ordered to register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Meredith L. Lambert, Johnston de F. Whitman, Jr. and Michael K. Yarnoff via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/26/2014. (SWM) (Entered: 06/27/2014) 06/26/ ORDER granting 54 Motion to Appear pro hac vice. Attorney Michael K. Yarnoff for Putative class member United Food & Commercial Workers Local 464A Pension Fund added. Counsel is ordered to register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Meredith L. Lambert, Johnston de F. Whitman, Jr. and Michael K. Yarnoff via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/26/2014. (SWM) (Entered: 06/27/2014) 07/02/ Submission Amended Certification of Joshua Materese per Order (Dkt. 57), filed by Plaintiff Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Catlin, Brad) (Entered: 07/02/2014) 07/22/ Submission of Amended Certification of Joshua A. Materese in Support of Motion to Appear Pro Hac Vice, filed by Plaintiff Putative class member United Food & Commercial Workers Local 464A Pension Fund. (Attachments: # 1 Exhibit A - Amended Certification of Joshua A. Materese)(Catlin, Brad) (Entered: 07/22/2014) 07/24/ ORDER granting 52 Motion to Appear pro hac vice. Attorney Joshua A. Materese for Putative class member United Food & Commercial Workers Local 464A Pension Fund added. Counsel is ordered to register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Joshua A. Materese via US Mail. Signed by Magistrate Judge Tim A. Baker on 7/24/2014. (SWM) (Entered: 07/25/2014) 07/31/ Unopposed MOTION for Extension of Time to August 29, 2014 to File Consolidated Complaint and Entry of Briefing Schedule, filed by Plaintiff PUTATIVE CLASS MEMBER UNITED FOOD & COMMERCIAL WORKOUT LOCAL 464A PENSION FUND. (Attachments: # 1 Text of Proposed Order)(Whitman, Johnston) (Entered: 07/31/2014) 08/04/ ORDER granting 63 Motion for Extension of Time. The consolidated complaint shall be filed on August 29, 2014; Defendants shall move, answer, or otherwise respond to the consolidated complaint within sixty (60) days of August 29, 2014; Lead Plaintiff shall
16 have sixty (60) days from the date any such motion is served to serve opposition papers; and Defendants shall have thirty (30) days after Lead Plaintiff's opposition submissions are served to serve any reply papers. Signed by Judge William T. Lawrence on 8/4/2014. (DW) (Entered: 08/04/2014) 08/29/ AMENDED COMPLAINT CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, CHARLES HUNDT, ROBERT R. MILLARD, WILLIAM S. OESTERLE, filed by PUTATIVE CLASS MEMBER UNITED FOOD & COMMERCIAL WORKOUT LOCAL 464A PENSION FUND.(Yarnoff, Michael) (Entered: 08/29/2014) 09/18/ WAIVER OF SERVICE Returned Executed, filed by UNITED FOOD & COMMERCIAL WORKERS LOCAL 464A PENSION FUND. MARK HOWELL waiver sent on 9/12/2014. (Yarnoff, Michael) (Entered: 09/18/2014) 09/19/ SCHEDULING ORDER: Status Conference set for 9/29/2014 at 09:30 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at The purpose of this conference is to address case management. Signed by Magistrate Judge Tim A. Baker on 9/19/2014.(MAC) (Entered: 09/22/2014) 09/29/ MINUTE ORDER Telephonic Status Conference held on 9/29/2014 before Magistrate Judge Tim A. Baker. Discussion held regarding discovery, settlement, and related matters. Given the parties' settlement positions, it does not appear that a court-supervised settlement conference would be productive at this time. The parties shall notify the Court promptly if there is any material change in their settlement positions. Signed by Magistrate Judge Tim A. Baker. (BAS) (Entered: 09/29/2014) 09/29/ NOTICE of Appearance by Mary Ellen Hennessy on behalf of Defendant MARK HOWELL. (Hennessy, Mary) (Entered: 09/29/2014) 09/29/ NOTICE of Appearance by Bruce G. Vanyo on behalf of Defendant MARK HOWELL. (Vanyo, Bruce) (Entered: 09/29/2014) 09/29/ NOTICE of Appearance by Michael J. Lohnes on behalf of Defendant MARK HOWELL. (Lohnes, Michael) (Entered: 09/29/2014) 09/30/ NOTICE of Appearance by Philip A. Whistler on behalf of Defendant MARK HOWELL. (Whistler, Philip) (Entered: 09/30/2014) 09/30/ NOTICE of Appearance by George A. Gasper on behalf of Defendant MARK HOWELL. (Gasper, George) (Entered: 09/30/2014) 09/30/ NOTICE of Appearance by Nicholas B. Reuhs on behalf of Defendant MARK HOWELL. (Reuhs, Nicholas) (Entered: 09/30/2014) 10/28/ MOTION to Dismiss Consolidated Amended Class Action Complaint, filed by Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, MARK HOWELL, CHARLES HUNDT, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Lohnes, Michael) (Entered: 10/28/2014) 10/28/ BRIEF/MEMORANDUM in Support re 75 MOTION to Dismiss Consolidated Amended Class Action Complaint, filed by Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, MARK HOWELL, CHARLES HUNDT, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Attachments: # 1 Exhibit 1 - Index of Exhibits)(Lohnes,
17 Michael) (Entered: 10/28/2014) 10/28/ DECLARATION of of Michael J. Lohnes in Support of Motion to Dismiss. re 75 Motion to Dismiss by ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, MARK HOWELL, CHARLES HUNDT, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (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, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB)(Lohnes, Michael) (Entered: 10/28/2014) 12/23/ MOTION for Attorney(s) Darren J. Check to Appear pro hac vice (Filing fee $30, receipt number ), filed by Plaintiff UNITED FOOD & COMMERCIAL WORKERS LOCAL 464A PENSION FUND. (Attachments: # 1 Text of Proposed Order)(Yarnoff, Michael) (Entered: 12/23/2014) 12/29/ RESPONSE in Opposition re 75 MOTION to Dismiss Consolidated Amended Class Action Complaint Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Consolidated Amended Class Action Complaint, filed by Plaintiff UNITED FOOD & COMMERCIAL WORKERS LOCAL 464A PENSION FUND. (Yarnoff, Michael) (Entered: 12/29/2014) 12/29/ DECLARATION of Michael K. Yarnoff In Opposition to Defendants' Motion to Dismiss the Consolidated Amended Class Action Complaint re 75 Motion to Dismiss by UNITED FOOD & COMMERCIAL WORKERS LOCAL 464A PENSION FUND. (Attachments: # 1 Exhibit A)(Yarnoff, Michael) (Entered: 12/29/2014) 12/30/ ORDER granting 78 Motion to Appear pro hac vice. Attorney Darren J. Check for UNITED FOOD & COMMERCIAL WORKERS LOCAL 464A PENSION FUND added. Signed by Magistrate Judge Tim A. Baker on 12/30/2014. (SWM) (Entered: 12/31/2014) 01/28/ REPLY in Support of Motion re 75 MOTION to Dismiss Consolidated Amended Class Action Complaint, filed by Defendants ANGIE'S LIST, INC., ANGELA R. HICKS BOWMAN, MARK HOWELL, CHARLES HUNDT, ROBERT R. MILLARD, WILLIAM S. OESTERLE. (Lohnes, Michael) (Entered: 01/28/2015) 06/18/ ENTRY ON DEFENDANTS' MOTION TO DISMISS. The Plaintiffs have failed to state a claim of securities fraud under section 10(b) of the Exchange Act and Rule 10b-5 of the SEC. The Plaintiffs' allegations do not meet the heightened pleading requirements of Rule 9(b) or the PSLRA. Pursuant to Rule 12(b)(6), the Plaintiffs' allegations of control person liability under section 20(a) of the Exchange Act fail to state a claim upon which relief can be granted. For these reasons, the Defendants' motion to dismiss (Dkt. No. 75) is GRANTED. The Plaintiffs have one additional opportunity to amend their Complaint. The Plaintiffs may file an amended complaint within twenty-eight days of the date of this Order. If no amended complaint is filed, the Court will enter judgment dismissing the case with prejudice. Signed by Judge William T. Lawrence on 6/18/2015. (BGT) (Entered: 06/18/2015) 07/27/ CLOSED JUDGMENT in favor of Defendants against Plaintiffs. The Plaintiffs shall take nothing by their Consolidated Amended Class Action Complaint and this action is terminated. Signed by Judge William T. Lawrence on 7/27/2015.(MAC) (Entered: 07/27/2015)
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