U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:04-cv PJS-RLE. Parties and Attorneys

Transcription

1 US District Court Civil Docket as of 11/24/2008 Retrieved from the court on Thursday, June 04, 2009 U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:04-cv PJS-RLE In Re: Ceridian Corporation Securities Litigation Date Filed: Aug. 06, 2004 Status: Closed Nature of suit: 850 Securities/Commodities Assigned to: Judge Patrick J. Schiltz Case in other court: USCA 8th Circuit, Cause: 15:78m(a) Securities Exchange Act Date terminated: Jun. 05, 2007 Jurisdiction: Federal Question Jury demand: Referred to: Chief Mag. Judge Raymond L. Erickson Richard Shaller on behalf of himself and all others similarly situated Parties and Attorneys Attorneys and Firms Darren-NA J Robbins Not Admitted TERMINATED: 11/16/2006 Frances E Baillon Halunen & Associates 1650 IDS Center 80 South Eighth Street Minneapolis, MN (612) Fax: (612) baillon@halunenlaw.com Garrett D Blanchfield, Jr Reinhardt Wendorf & Blanchfield 332 Minnesota St Ste E-1250 St Paul, MN (651)

2 Jonathan-NA M. Stein Not Admitted TERMINATED: 11/16/2006 Randall H Steinmeyer Law Firm Unknown William S Lerach Coughlin Stoia Geller Rudman & Robbins LLP - SD 655 W Broadway Ste 1900 San Diego, CA (619) Fax: (619) Western Pennsylvania Electrical Employees Benefits Funds Lead Attorneys and Firms Eli R Greenstein Coughlin Stoia Geller Rudman & Robbins LLP - SF 100 Pine St Ste 2600 San Francisco, CA (415) elig@csgrr.com Elizabeth A Acevedo Coughlin Stoia Geller Rudman & Robbins LLP - SF 100 Pine St Ste 2600 San Francisco, CA (415) TERMINATED: 09/13/2006 Reed R Kathrein Hagens Berman Sobol & Shapiro LLP 425 2nd St Ste 500 San Francisco, CA (415) Fax: (415) reed@hbsslaw.com

3 Frances E Baillon Garrett D Blanchfield, Jr Edmund Biancarelli Sharon Zaks Ellen Lear Garco Investments Bruce Valentine Mickan Defendant Ceridian Corporation, a Delaware corporation Attorneys and Firms Daniel J Brown Dorsey & Whitney LLP 50 S 6th St Ste 1500 Mpls, MN (612) Fax: (612) brown.daniel@dorsey.com Seth J S Leventhal Fafinski Mark & Johnson, P.A. 775 Prairie Center Drive, Suite 400 Eden Prairie, MN (952) Fax: (952) seth.leventhal@fmjlaw.com Heather J K Melloh Ameriprise Financial Inc Ameriprise Financial Center Mpls, MN (612)

4 Fax: (612) Peter W Carter Dorsey & Whitney LLP 50 S 6th St Ste 1500 Mpls, MN (612) Fax: (612) carter.peter@dorsey.com Defendant Ronald L Turner Attorneys and Firms Daniel J Brown Seth J S Leventhal Heather J K Melloh Peter W Carter Defendant John R Eikhoff Attorneys and Firms Daniel J Brown Seth J S Leventhal Heather J K Melloh Peter W Carter Defendant Loren Gross Corporate Controller Attorneys and Firms Daniel J Brown Seth J S Leventhal

5 Docket ProceedingsReverse Proceedings Req # Filed # Docket Text 1 Aug. 06, COMPLAINT against Ceridian Corporation, John R Eikhoff, Ronald L Turner, filed by Richard Shaller; JURY DEMAND. Assigned to Judge John R. Tunheim per Securities list and referred to Magistrate Judge Franklin L. Noel, rcpt. no , (Filing fee $ 150.) (Attachments: # 1 Certification of named plaintiff# 2 Civil Cover Sheet)(DFL) (Entered: 08/09/2004) 2 Aug. 06, 2004 Summons Issued as to Ceridian Corporation, John R Eikhoff, Ronald L Turner. (DFL) (Entered: 08/09/2004) 3 Aug. 10, ORDER OF RECUSAL. Judge John R Tunheim recused. Case reassigned to Judge Michael J Davis and Magistrate Judge Jonathan G Lebedoff for all further proceedings per securities list. Signed by Judge John R Tunheim on 8/10/04. New case number is MJD/JGL. (MKC) (Entered: 08/10/2004) 4 Aug. 24, SUMMONS Returned Executed by Richard Shaller. Ceridian Corporation served on 8/12/2004, answer due 9/1/2004. (Blanchfield, Garrett) (Entered: 08/24/2004) 5 Aug. 24, SUMMONS Returned Executed by Richard Shaller. Ronald L Turner served on 8/12/2004, answer due 9/1/2004. (Blanchfield, Garrett) (Entered: 08/24/2004) 6 Aug. 24, SUMMONS Returned Executed by Richard Shaller. John R Eikhoff served on 8/12/2004, answer due 9/1/2004. (Blanchfield, Garrett) (Entered: 08/24/2004) 7 Aug. 24, STIPULATION Extending Deadline to Respond to the Complaint by Ceridian Corporation, John R Eikhoff, Richard Shaller, Ronald L Turner. (Klaas, Heather) (Entered: 08/24/2004) 8 Aug. 24, CERTIFICATE OF SERVICE by Ceridian Corporation, John R Eikhoff, Ronald L Turner re 6 Stipulation Extending Deadline to Respond to the Complaint (Klaas, Heather) (Entered: 08/24/2004) 9 Aug. 24, AFFIDAVIT of Service by Ceridian Corporation, John R Eikhoff, Ronald L Turner for [Proposed] Order Extending Deadline to Respond to the Complaint (Klaas, Heather) (Entered: 08/24/2004) 10 Aug. 25, ORDER granting 6 Stipulation to Extend Deadline to Respond to the Complaint. Signed by Magistrate Judge Jonathan G Lebedoff on 8/25/04. (JMM) (Entered: 08/25/2004) 11 Aug. 26, ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASE that case number be assigned to Judge Michael J. Davis, nunc pro tunc. Signed by Judge Michael J Davis on 8/24/04 and Judge Ann D Montgomery on 8/26/04. (CF) (Entered: 08/27/2004) 12 Sep. 08, LETTER TO DISTRICT JUDGE by Ceridian Corporation, John R Eikhoff, Ronald L Turner. (Carter, Peter) (Entered: 09/08/2004) 13 Sep. 08, CERTIFICATE OF SERVICE by Ceridian Corporation, John R Eikhoff, Ronald L Turner re 11 Letter to District Judge (Carter, Peter) (Entered: 09/08/2004) 14 Sep. 23, ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASE. Civil Cases , ,

6 , , are reassigned to Judge Michael J. Davis.. Signed by Judge Michael J Davis on 9/14/04, by Judge Joan E. Ericksen on 9/23/04, by Judge Paul A. Magnuson on 9/21/04, and by Judge Ann D. Montgomery on 9/15/04.(MKC) (Entered: 09/24/2004) 15 Oct. 05, MOTION to Consolidate Cases Appoint Lead and Approve Selection of Lead and Liaison Counsel by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Exhibit A)(Blanchfield, Garrett) (Entered: 10/05/2004) 16 Oct. 05, MEMORANDUM in Support re 14 MOTION to Consolidate Cases Appoint Lead and Approve Selection of Lead and Liaison Counsel filed by Western Pennsylvania Electrical Employees Benefits Funds. (Blanchfield, Garrett) (Entered: 10/05/2004) 17 Oct. 05, Declaration of Garrett D. Blanchfield, Jr. in Support of 14 MOTION to Consolidate Cases Appoint Lead and Approve Selection of Lead and Liaison Counsel filed by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Exhibit A-C to Declaration of Garrett Blanchfield# 2 Exhibit D - Lerach Firm Resume# 3 Exhibit E - Reinhardt Firm Resume)(Blanchfield, Garrett) (Entered: 10/05/2004) 18 Oct. 05, CERTIFICATE OF SERVICE by Western Pennsylvania Electrical Employees Benefits Funds re 16 Declaration in Support,, 14 MOTION to Consolidate Cases Appoint Lead and Approve Selection of Lead and Liaison Counsel, 15 Memorandum in Support of Motion (Blanchfield, Garrett) (Entered: 10/05/2004) 19 Jan. 19, NOTICE by Western Pennsylvania Electrical Employees Benefits Funds of Non-Opposition to Western Pennsylvania's Motion for Consolidation, Appointment as Lead and for Approval of Lead s' Selection of Lead Counsel (Attachments: # 1 certificate of service)(blanchfield, Garrett) (Entered: 01/19/2005) 20 Feb. 01, ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASE. Case be assigned to Judge Michael J. Davis, Nunc pro tunc. Signed by Judge Michael J Davis on 1/31/05, by Judge Donovan W. Frank on 1/31/05. (MKC) (Entered: 02/02/2005) 21 Feb. 08, REPORT AND RECOMMENDATION re 14 MOTION to Consolidate Cases Appoint Lead and Approve Selection of Lead and Liaison Counsel filed by Western Pennsylvania Electrical Employees Benefits Funds, Should be GRANTED as Unopposed. Objections to R&R due by 2/28/2005. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 2/8/05. (RJL) (Entered: 02/08/2005) 22 Mar. 07, ORDER. Granting 14 Motion to Consolidate Cases, Adopt Report and Recommendation 20 Report and Recommendation. Signed by Judge Michael J Davis on March 7, (dch) (Entered: 03/14/2005) 23 Apr. 28, STIPULATION Joint Stipulation Requesting Briefing Schedule by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett) (Entered: 04/28/2005) 24 May 02, ORDER re 22 Stipulation filed by Western Pennsylvania Electrical Employees Benefits Funds. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 5/2/05. (RJL) (Entered: 05/02/2005) 25 Jun. 10, STIPULATION Requesting Extension of Time to File Consolidated

7 Complaint by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Certificate of Service)(Baillon, Frances) (Entered: 06/10/2005) 26 Jun. 15, ORDER re 24 Stipulation Requesting Extension of Time to File Consolidated Complaint. Lead shall file a consolidated complaint on or before June 27, Signed by Chief Magistrate Judge Jonathan G Lebedoff on 6/15/05. (LJD) (Entered: 06/15/2005) 27 Jun. 27, AMENDED COMPLAINT against all defendants, filed by Richard Shaller.(Baillon, Frances) (Entered: 06/27/2005) 28 Jun. 27, AFFIDAVIT of Service by Richard Shaller re 26 Amended Complaint (Baillon, Frances) (Entered: 06/27/2005) 29 Jun. 28, MOTION for Admission Pro Hac Vice for Reed R. Kathrein by Western Pennsylvania Electrical Employees Benefits Funds. (Blanchfield, Garrett) (Entered: 06/28/2005) 30 Jun. 28, MOTION for Admission Pro Hac Vice for Elizabeth A. Acevedo by Western Pennsylvania Electrical Employees Benefits Funds. (Blanchfield, Garrett) (Entered: 06/28/2005) 31 Jun. 28, MOTION for Admission Pro Hac Vice for Eli R. Greenstein by Western Pennsylvania Electrical Employees Benefits Funds. (Blanchfield, Garrett) (Entered: 06/28/2005) 32 Jun. 29, 2005 TEXT ONLY ENTRY - ORDER granting 28, 29 and 30 Motions for Admission Pro Hac Vice of Attorneys Reed R Kathrein, Elizabeth A Acevedo and Eli R Greenstein for Western Pennsylvania Electrical Employees Benefits Funds. Fees paid; receipt number Approved by Clerk Richard D Sletten on 6/29/05. (MMC) (Entered: 07/06/2005) 33 Jul. 06, 2005 Summons Issued as to Loren Gross. (RJL) (Entered: 07/07/2005) 34 Jul. 19, SUMMONS Returned Executed by Western Pennsylvania Electrical Employees Benefits Funds. (Baillon, Frances) (Entered: 07/19/2005) 35 Aug. 22, 2005 TEXT ENTRY ONLY - CLERK`S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. The Clerk of Court is directed to reassign the Magistrate Judge in this case. Case is reassigned to Magistrate Judge Susan R Nelson for all further proceedings (4:05AD822). If you have questions regarding this assignment, please direct your inquiries to Beverly Riches at # Please note: the new case number is 04-cv MJD- SRN. Please use this case number on your pleadings. Chief Magistrate Judge Jonathan G Lebedoff no longer assigned to case. Signed by Clerk Richard D Sletten on 08/22/05. (dak) (Entered: 08/22/2005) 36 Aug. 26, MOTION to Dismiss Consolidated Class Action Complaint by Loren Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner, John R Eikhoff. (Brown, Daniel) (Entered: 08/26/2005) 37 Aug. 26, MEMORANDUM in Support re 32 MOTION to Dismiss Consolidated Class Action Complaint Oral Argument Requested filed by all defendants. (Brown, Daniel) (Entered: 08/26/2005) 38 Aug. 26, DECLARATION re 32 MOTION to Dismiss Consolidated Class Action Complaint by Loren Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner, John R Eikhoff of Daniel J. Brown. (Attachments: # 1 Exhibit 1 and 2# 2 Exhibit 3# 3 Exhibit 4# 4 Exhibit 5 to 9# 5 Exhibit 10 to 18# 6 Exhibit 19 to 21# 7 Exhibit 22 to 25# 8 Exhibit 26# 9 Exhibit 27 to 29# 10 Exhibit 30 to 32# 11 Exhibit 33# 12 Exhibit 34# 13 Exhibit 35 to

8 37# 14 Exhibit 38 to 43# 15 Exhibit 44# 16 Exhibit 45# 17 Exhibit 46# 18 Exhibit 47# 19 Exhibit 48# 20 Exhibit 49)(Brown, Daniel) (Entered: 08/26/2005) 39 Aug. 26, CERTIFICATE OF SERVICE by Loren Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner, John R Eikhoff re 33 Memorandum in Support of Motion, 34 Declaration,,, 32 MOTION to Dismiss Consolidated Class Action Complaint (Brown, Daniel) (Entered: 08/26/2005) 40 Oct. 11, MEMORANDUM in Opposition re 32 MOTION to Dismiss Consolidated Class Action Complaint MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT filed by Western Pennsylvania Electrical Employees Benefits Funds. (Kathrein, Reed) (Entered: 10/11/2005) 41 Oct. 11, Declaration of ELI R. GREENSTEIN in Support of 36 Memorandum in Opposition to Motion, filed by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kathrein, Reed) (Entered: 10/11/2005) 42 Oct. 11, CERTIFICATE of Counsel PLAINTIFFS' CERTIFICATE OF WORD COUNT PURSUANT TO L.R. 7.1(c) by Reed R Kathrein on behalf of Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Certificate of Service Declaration of Service by Facsimile)(Kathrein, Reed) (Entered: 10/11/2005) 43 Oct. 12, CERTIFICATE of Counsel re 38 Certificate of Counsel,, 36 Memorandum in Opposition to Motion,, 37 Declaration in Support PLAINTIFFS' AMENDED CERTIFICATE OF WORD COUNT PURSUANT TO L.R. 7.1(c) by Reed R Kathrein on behalf of Western Pennsylvania Electrical Employees Benefits Funds. (Kathrein, Reed) (Entered: 10/12/2005) 44 Oct. 12, NOTICE of Appearance by Seth J S Leventhal on behalf of all defendants (Leventhal, Seth) (Entered: 10/12/2005) 45 Oct. 12, CERTIFICATE OF SERVICE by Ceridian Corporation, a Delaware corporation re 40 Notice of Appearance (Leventhal, Seth) (Entered: 10/12/2005) 46 Nov. 10, REPLY to Response to Motion re 32 MOTION to Dismiss Consolidated Class Action Complaint filed by Ceridian Corporation, a Delaware corporation. (Brown, Daniel) (Entered: 11/10/2005) 47 Nov. 10, AFFIDAVIT of Daniel J. Brown in SUPPORT OF 32 MOTION to Dismiss Consolidated Class Action Complaint filed by Ceridian Corporation, a Delaware corporation. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4)(Brown, Daniel) (Entered: 11/10/2005) 48 Nov. 10, LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ceridian Corporation, a Delaware corporation re 42 Reply to Response to Motion filed by Ceridian Corporation, a Delaware corporation. (Brown, Daniel) (Entered: 11/10/2005) 49 Nov. 10, CERTIFICATE OF SERVICE by Ceridian Corporation, a Delaware corporation (Brown, Daniel) (Entered: 11/10/2005) 50 Feb. 28, NOTICE OF HEARING ON MOTION. 32 MOTION to Dismiss Consolidated Class Action Complaint. Hearing date has been changed.

9 (dch) (Entered: 02/28/2006) 51 Mar. 06, AMENDED NOTICE of Hearing on Motion 32 MOTION to Dismiss Consolidated Class Action Complaint: Motion Hearing set for 3/10/ :00 AM in Minneapolis - Courtroom 13W before Judge Michael J Davis. (Attachments: # 1 Certificate of Service)(Keane, Bryan) (Entered: 03/06/2006) 52 Mar. 06, AMENDED NOTICE of Hearing on Motion 32 MOTION to Dismiss Consolidated Class Action Complaint: Motion Hearing set for 5/3/ :00 AM in Minneapolis - Courtroom 13W before Judge Michael J Davis. (Attachments: # 1 Certificate of Service)(Brown, Daniel) (Entered: 03/06/2006) 53 May 03, MINUTE ENTRY. Proceedings held before Judge Michael J Davis. Motion Hearing held on 5/3/2006 re 32 MOTION to Dismiss Consolidated Class Action Complaint filed by Loren Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner and John R Eikhoff. (Court Reporter Lori Simpson) (dch) (Entered: 05/04/2006) 54 May 25, ORDER granting 32 Motion to Dismiss the Consolidated Class Action Complaint(Written Opinion). Signed by Judge Michael J Davis on 05/25/2006. (SMS) (Entered: 05/25/2006) 55 May 30, 2006 TEXT ENTRY ONLY-CLERK`S NOTICE OF REASSIGNMENT OF NEW JUDGE. This case is reassigned to Judge Patrick J Schiltz and Chief Magistrate Judge Raymond L Erickson for all further proceedings. Any proceedings currently scheduled before the transferring Magistrate Judge will proceed in front of that Judge, unless directed otherwise.if you have questions regarding this assignment, please direct your inquiries to either Stacey Kulevich at # in Judge Schiltz' chambers or Vicki Miller at # in Chief Magistrate Judge Erickson's chambers. The new case number is 0:04-cv PJS-RLE. Please use this case number on future pleadings. Judge Michael J Davis and Magistrate Judge Susan R Nelson are no longer assigned to case. Signed by Clerk Richard D Sletten on 5/30/06. (JGG) (Entered: 05/30/2006) 56 Jun. 21, TRANSCRIPT of Motions Hearing held on 5/3/06 before Judge Michael J. Davis. Court Reporter: Lori Simpson. (45pgs) FILED CONVENTIONALLY. (GJS) (Entered: 06/21/2006) 57 Jun. 21, STIPULATION for Extension of Time to File Amended Complaint by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett) (Entered: 06/21/2006) 58 Jul. 10, ORDER EXTENDING TIME TO FILE AMENDED COMPLAINT That the Stipulation For Extension Of Time To File Amended Complaint 52 is approved and Lead shall file an Amended Complaint on or before July 14, Signed by Chief Magistrate Judge Raymond L Erickson on 7/10/06. (SEA) (Entered: 07/10/2006) 59 Jul. 14, AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against Western Pennsylvania Electrical Employees Benefits Funds, filed by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F# 7 Exhibit(s) G)(Greenstein, Eli) (Entered: 07/14/2006) 60 Jul. 28, MOTION to Dismiss First Amended Class Action Complaint by Loren

10 Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner, John R Eikhoff. (Hill, P) (Entered: 07/28/2006) 61 Jul. 28, NOTICE OF HEARING ON MOTION 55 MOTION to Dismiss First Amended Class Action Complaint: Motion Hearing set for 1/8/ :30 PM in St Paul - Courtroom 1 before Judge Patrick J Schiltz. (Hill, P) (Entered: 07/28/2006) 62 Jul. 28, CERTIFICATE OF SERVICE by Loren Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner, John R Eikhoff re 56 Notice of Hearing on Motion, 55 MOTION to Dismiss First Amended Class Action Complaint (Hill, P) (Entered: 07/28/2006) 63 Aug. 17, NOTICE OF RESCHEDULED MOTION HEARING re: 55 MOTION to Dismiss First Amended Class Action Complaint: Motion Hearing rescheduled for 11/6/ :30 AM in St Paul - Courtroom 4, before Judge Patrick J. Schiltz. (sk) (Entered: 08/17/2006) 64 Aug. 31, LETTER TO DISTRICT JUDGE by Loren Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner, John R Eikhoff. (Attachments: # 1 Certificate of Service)(Carter, Peter) (Entered: 08/31/2006) 65 Sep. 07, AMENDED NOTICE of Hearing on Motion 55 MOTION to Dismiss First Amended Class Action Complaint: Motion Hearing set for 11/21/ :30 PM in St Paul - Courtroom 4 before Judge Patrick J Schiltz. (Attachments: # 1 Certificate of Service)(Hill, P) (Entered: 09/07/2006) 66 Sep. 12, NOTICE by Western Pennsylvania Electrical Employees Benefits Funds NOTICE OF WITHDRAWAL AS COUNSEL OF RECORD (Greenstein, Eli) (Entered: 09/12/2006) 67 Oct. 09, AFFIDAVIT of Bryan C. Keane in SUPPORT OF 55 MOTION to Dismiss First Amended Class Action Complaint filed by all defendants. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Exhibit(s) 3# 4 Exhibit(s) 4# 5 Exhibit(s) 5# 6 Exhibit(s) 6# 7 Exhibit(s) 7# 8 Exhibit(s) 8# 9 Exhibit(s) 9# 10 Exhibit(s) 10# 11 Exhibit(s) 11# 12 Exhibit(s) 12# 13 Exhibit(s) 13# 14 Exhibit(s) 14)(Brown, Daniel) (Entered: 10/09/2006) 68 Oct. 09, MEMORANDUM in Support re 55 MOTION to Dismiss First Amended Class Action Complaint filed by all defendants. (Brown, Daniel) (Entered: 10/09/2006) 69 Oct. 09, LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all defendants re 63 Memorandum in Support of Motion filed by all defendants. (Brown, Daniel) (Entered: 10/09/2006) 70 Oct. 09, CERTIFICATE OF SERVICE by Ceridian Corporation, a Delaware corporation re 64 LR7.1 Word Count Compliance Certificate, 62 Affidavit in Support of Motion,, 63 Memorandum in Support of Motion (Brown, Daniel) (Entered: 10/09/2006) 71 Nov. 01, MEMORANDUM in Opposition re 55 MOTION to Dismiss First Amended Class Action Complaint MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS FIRST AMENDED CLASS ACTION COMPLAINT filed by Western Pennsylvania Electrical Employees Benefits Funds. (Greenstein, Eli) (Entered: 11/01/2006) 72 Nov. 01, Declaration of ELI R. GREENSTEIN in Support of 66 Memorandum in Opposition to Motion, filed by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 Exhibit(s) 1)(Greenstein, Eli) (Entered:

11 11/01/2006) 73 Nov. 01, LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Western Pennsylvania Electrical Employees Benefits Funds re 66 Memorandum in Opposition to Motion, filed by Western Pennsylvania Electrical Employees Benefits Funds. (Greenstein, Eli) (Entered: 11/01/2006) 74 Nov. 09, REPLY re 55 MOTION to Dismiss First Amended Class Action Complaint filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Hill, P) (Entered: 11/09/2006) 75 Nov. 09, Declaration of Daniel J. Brown in Support of 69 Reply filed by all defendants. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Exhibit(s) 3# 4 Exhibit(s) 4# 5 Exhibit(s) 5)(Hill, P) (Entered: 11/09/2006) 76 Nov. 09, CERTIFICATE OF SERVICE by Loren Gross, Ceridian Corporation, a Delaware corporation, Ronald L Turner, John R Eikhoff re 69 Reply, 70 Declaration in Support (Hill, P) (Entered: 11/09/2006) 77 Nov. 15, NOTICE by Western Pennsylvania Electrical Employees Benefits Funds NOTICE OF WITHDRAWAL OF COUNSEL OF RECORD (Greenstein, Eli) (Entered: 11/15/2006) 78 Nov. 15, NOTICE by Western Pennsylvania Electrical Employees Benefits Funds NOTICE OF WITHDRAWAL OF COUNSEL OF RECORD (Greenstein, Eli) (Entered: 11/15/2006) 79 Nov. 22, Minute Entry for proceedings held before Judge Patrick J. Schiltz : Motion hearing held on 11/21/2006. (Court Reporter Debra Beauvais) (bas) Modified text on 6/5/2007 (vem). (Entered: 11/22/2006) 80 Jan. 16, TRANSCRIPT of Motion to Dismiss held on 11/21/06 before Judge Patrick J. Schiltz. Court Reporter: Debra Beauvais. (74pgs) FILED CONVENTIONALLY (JME) (Entered: 01/16/2007) 81 Mar. 02, DECLARATION by Western Pennsylvania Electrical Employees Benefits Funds DECLARATION OF ELI R. GREENSTEIN. (Attachments: # 1 Exhibit(s) A)(Greenstein, Eli) (Entered: 03/02/2007) 82 May 30, NOTICE OF RECENT DECISION by Western Pennsylvania Electrical Employees Benefits Funds (Attachments: # 1 Exhibit A - In re Nash Finch Order# 2 Certificate of Service)(Blanchfield, Garrett) Modified title on 5/31/2007 (gjs). (Entered: 05/30/2007) 83 Jun. 05, ORDER - Defendants' 55 Motion to Dismiss is GRANTED. s' first amended complaint 54 is DISMISSED WITH PREJUDICE AND ON THE MERITS. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on 06/05/07. (bjs) (Entered: 06/05/2007) 84 Jun. 05, JUDGMENT entered. (Attachments: # 1 Civil notice# 2 8th Circuit Notice)(GJS) (Entered: 06/05/2007) 85 Jul. 03, NOTICE OF APPEAL TO 8TH CIRCUIT re: 78 Memorandum Opinion and Order, 79 Judgment by Western Pennsylvania Electrical Employees Benefits Funds. (Attachments: # 1 COA - Form A# 2 DOCUMENT FILED IN ERROR )(Greenstein, Eli) Modified on 7/5/2007 (GJS). (Entered: 07/03/2007) 86 Jul. 05, 2007 Electronic transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 80 Notice of Appeal to 8th Circuit,. Transmitted electronically the following documents: Notice of Appeal, Order, Judgment and District Court's Docket Sheet. (GJS) (Entered: 07/05/2007) 87 Jul. 05, TRANSMITTAL LETTER sending appeal packet electronically, with 2

12 volume of transcript to be sent via courier. (GJS) Modified on 7/5/2007 (gjs). (Entered: 07/05/2007) 88 Jul. 05, 2007 *** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Thu Jul 5 15:11:12 CDT 2007 (Schneider, Gloria) (Entered: 07/05/2007) 89 Jul. 06, TRANSMITTAL LETTER - sending 2 volumes of Transcript to USCA8, St. Paul (Docket Nos. 51 and 75). (GJS) (Entered: 07/06/2007) 90 Jul. 06, USCA Appeal Fees received $ 455 receipt number re 80 Notice of Appeal to 8th Circuit, filed by Western Pennsylvania Electrical Employees Benefits Funds, (VEM) QC'd by gjs. on 7/6/2007 (Entered: 07/06/2007) 91 Jul. 06, 2007 *** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Fri Jul 6 15:47:04 CDT 2007 (Moralez, Vickie) (Entered: 07/06/2007) 92 Jul. 09, Appeal Remark re 80 Notice of Appeal to 8th Circuit, : Transcript 5/6/06 vol. 1 Motion Hearing and Transcript 11/21/06 vol. 1 Motion to Dismiss Hearing received by the COA on 7/6/2007. (jdf) QC'd by MMC. (Entered: 07/09/2007) 93 Jul. 23, USCA Case Number for 80 Notice of Appeal to 8th Circuit, filed by Western Pennsylvania Electrical Employees Benefits Funds. (akl) (Entered: 07/24/2007) 94 Sep. 11, Opinion of USCA as to 80 Notice of Appeal to 8th Circuit(Chief Judge Loken, Judge John R. Gibson, Judge Melloy): Accordingly, the judgment of the district court is affirmed. (Attachments: # 1 Cover Letter)(akl) (Entered: 09/15/2008) 95 Sep. 11, USCA JUDGMENT as to 80 Notice of Appeal to 8th Circuit: After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (received electronically from COA) (akl) (Entered: 09/15/2008) 96 Oct. 03, MANDATE of USCA as to 80 Notice of Appeal to 8th Circuit, filed by Western Pennsylvania Electrical Employees Benefits Funds (received electronically from COA) (akl) (Entered: 10/06/2008) 97 Nov. 24, Appeal Remark re 80 Notice of Appeal to 8th Circuit, Transcript: 2 vols. returned to Clerk's Office. (jdf) (Entered: 11/24/2008)