US District Court Electronic Case Filing System District of Utah (Northern) CIVIL DOCKET FOR CASE #: 1:17-cv DAK

Transcription

1 US District Court Civil Docket as of October 31, 2018 Retrieved from the court on October 31, 2018 US District Court Electronic Case Filing System District of Utah (Northern) CIVIL DOCKET FOR CASE #: 1:17-cv DAK Lentsch v. Vista Outdoor et al Assigned to: Judge Dale A. Kimball Demand: $5,000,000 Cause: 15:0078m(a) Securities Exchange Act Plaintiff Patrick Lentsch Individually and On Behalf of All Others Similarly Situated Date Filed: 01/25/2017 Date Terminated: 10/31/2018 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Heidi G. Goebel GOEBEL ANDERSON PC 405 S MAIN ST STE 200 SALT LAKE CITY, UT (801) hgoebel@gapclaw.com Lesley F. Portnoy GLANCY PRONGAY & MURRAY LLP 1925 CENTURY PARK E STE 2100 LOS ANGELES, CA (310) lportnoy@glancylaw.com Jon V. Harper HARPER LAW PLC PO BOX SALT LAKE CITY, UT (801) jharper@jonharperlaw.com Mitchell A. Stephens HATCH JAMES & DODGE 10 W BROADWAY STE 400 SALT LAKE CITY, UT 84101

2 (801) TERMINATED: 04/06/2018 Jared D. Scott ANDERSON & KARRENBERG 50 W BROADWAY STE 700 SALT LAKE CITY, UT (801) jscott@aklawfirm.com Plaintiff New York Hotel Trades Council, The Lead Plaintiff represented by Anita B. Kartalopoulos WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 MADISON AVE NEW YORK, NY (212) abk@whafh.com Betsy C. Manifold WOLF HALDENSTEIN ADLER FREEMAN & HERZ 750 B STS TE 2770 SAN DIEGO, CA (619) manifold@whafh.com Heather M. Sneddon ANDERSON & KARRENBERG 50 W BROADWAY STE 700 SALT LAKE CITY, UT (801) hsneddon@aklawfirm.com Jared D. Scott

3 Regina M. Calcaterra WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 MADISON AVE NEW YORK, NY (212) Vincent F. Pitta PITTA LLP 120 BROADWAY 28TH FL NEW YORK, NY (212) Correy Ann Kamin WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 MADISON AVE NEW YORK, NY (212) Gregory M. Nespole WOLF HALDENSTEIN ADLER FREEMAN & HERZ 270 MADISON AVE NEW YORK, NY (212) Plaintiff Hotel Association of New York City Lead Plaintiff represented by Anita B. Kartalopoulos Betsy C. Manifold

4 Heather M. Sneddon Jared D. Scott Regina M. Calcaterra Vincent F. Pitta Correy Ann Kamin Gregory M. Nespole V. Defendant Vista Outdoor represented by Michael A. Paskin CRAVATH SWAINE & MOORE LLP 825 EIGHTH AVE NEW YORK, NY (212) Robert H. Baron CRAVATH SWAINE & MOORE LLP 825 EIGHTH AVE NEW YORK, NY (212)

5 Tammy B. Georgelas PARSONS BEHLE & LATIMER 201 S MAIN ST STE 1800 PO BOX SALT LAKE CITY, UT (801) tgeorgelas@parsonsbehle.com Adam E. Weinacker PARSONS BEHLE & LATIMER 201 S MAIN ST STE 1800 PO BOX SALT LAKE CITY, UT (801) ecf@parsonsbehle.com Davina A. Finn CRAVATH SWAINE & MOORE LLP 825 EIGHTH AVE NEW YORK, NY (212) Sarah M. Colombo CRAVATH SWAINE & MOORE LLP 825 EIGHTH AVE NEW YORK, NY (212) TERMINATED: 01/19/2018 Defendant Mark W. DeYoung represented by Michael A. Paskin Robert H. Baron Tammy B. Georgelas Adam E. Weinacker

6 Davina A. Finn Sarah M. Colombo TERMINATED: 01/19/2018 Defendant Stephen M. Nolan represented by Michael A. Paskin Robert H. Baron Tammy B. Georgelas Adam E. Weinacker Davina A. Finn Sarah M. Colombo TERMINATED: 01/19/2018 Defendant Kelly T. Grindle represented by Michael A. Paskin Robert H. Baron

7 Tammy B. Georgelas Adam E. Weinacker Davina A. Finn Sarah M. Colombo TERMINATED: 01/19/2018 Date Filed # Docket Text 01/25/ Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiff Patrick Lentsch is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and it to utdecf_clerk@utd.uscourts.gov for issuance. (dsf) (Entered: 01/25/2017) 01/25/ COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against All Defendants (Filing fee $ 400, receipt number ) filed by Patrick Lentsch. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Robert J. Shelby (Goebel, Heidi) (Entered: 01/25/2017) 01/27/ ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(a), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 1/27/2017. (mjm) (Entered: 01/27/2017) 03/15/ **RESTRICTED DOCUMENT**Summons Issued Electronically as to Kelly T. Grindle. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mms) (Entered: 03/15/2017) 03/15/ **RESTRICTED DOCUMENT**Summons Issued Electronically as to Mark W. DeYoung. Instructions to Counsel: 1. Click on the document number.

8 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mms) (Entered: 03/15/2017) 03/15/ **RESTRICTED DOCUMENT**Summons Issued Electronically as to Stephen M. Nolan. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mms) (Entered: 03/15/2017) 03/15/ **RESTRICTED DOCUMENT**Summons Issued Electronically as to Vista Outdoor. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mms) (Entered: 03/15/2017) 03/20/ MOTION for Admission Pro Hac Vice of Leslie F. Portnoy, Registration fee $ 250, receipt number , filed by Plaintiff Patrick Lentsch. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - Electronic Case Filing Registration Form, # 3 Text of Proposed Order C - Proposed Order)(Goebel, Heidi) (Entered: 03/20/2017) 03/20/ ORDER granting 8 Motion for Admission Pro Hac Vice of Lesley F. Portnoy for Patrick Lentsch. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Robert J. Shelby on 3/20/2017. (blh) (Entered: 03/20/2017) 03/27/ NOTICE of Appearance by Heather M. Sneddon on behalf of Hotel Association of New York City, New York Hotel Trades Council, The (Sneddon, Heather) (Entered: 03/27/2017) 03/27/ NOTICE of Appearance by Jared D. Scott on behalf of Hotel Association of New York City, New York Hotel Trades Council, The (Scott, Jared) (Entered: 03/27/2017) 03/27/ NOTICE of Motion of The New York Hotel Trades Council and Hotel Assoc of New York City's Pension Fund for Appointment as Lead Plaintiff and Approval of Selection of Counsel by Hotel Association of New York City, New York Hotel Trades Council, The (Sneddon, Heather) (Entered: 03/27/2017) 03/27/ MOTION for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Memorandum in Support filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Sneddon, Heather) (Entered: 03/27/2017) 03/27/ MOTION to Appoint Counsel and Memorandum in Support filed by Plaintiff Patrick Lentsch. (Attachments: # 1 Text of Proposed Order Appointing Lead Plaintiff and Approving Lead Plaintiff's Selection of Counsel, # 2 Affidavit Declaration of Phillip Kim, # 3 Exhibit Exhibit 1 - Early Notice, # 4 Exhibit Exhibit 2 - Certification, # 5 Exhibit Exhibit 3 - Loss Chart, # 6 Exhibit Exhibit 4 - Rosen Resume, # 7 Exhibit Exhibit 5 - HJD Resume) Motions referred to Evelyn J. Furse.

9 Attorney Mitchell A. Stephens added to party Patrick Lentsch(pty:pla)(Stephens, Mitchell) (Entered: 03/27/2017) 03/27/ AFFIDAVIT/DECLARATION of Gregory M. Nespole in Support re 13 MOTION for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Memorandum in Support filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit 1 - Notice of Pendency, # 2 Exhibit 2 - Certification, # 3 Exhibit 3 - Loss Chart, # 4 Exhibit 4 - WHAFH Firm Resume, # 5 Exhibit 5 - A&K Firm Resume, # 6 Exhibit 6 - Proposed Order)(Sneddon, Heather) (Entered: 03/27/2017) 03/27/ MOTION to Appoint Counsel and Memorandum in Support of Al-MacKey Enterprises, Inc.'s Motion for Appointment as Lead Plaintiff and Approval of Counsel filed by Plaintiff Patrick Lentsch. Motions referred to Evelyn J. Furse.(Goebel, Heidi) (Entered: 03/27/2017) 03/27/ AFFIDAVIT/DECLARATION of Heidi G. Goebel in Support re 16 MOTION to Appoint Counsel and Memorandum in Support of Al-MacKey Enterprises, Inc.'s Motion for Appointment as Lead Plaintiff and Approval of Counsel filed by Plaintiff Patrick Lentsch. (Attachments: # 1 Exhibit A - Press Release 1/25/17 on Business Wire, # 2 Exhibit B - Certification of Movant, # 3 Exhibit C - Table reflecting calculated losses, # 4 Exhibit D - Firm resume of Glancy Prongay & Murray, # 5 Exhibit E - Firm resume of Goebel Anderson PC)(Goebel, Heidi) (Entered: 03/27/2017) 03/27/ MOTION to Appoint Counsel and Memorandum in Support and for Appointment as Lead Plaintiff of Steamfitters Local 449 Pension & Retirement Security Funds filed by Plaintiff Patrick Lentsch. (Attachments: # 1 Text of Proposed Order) Motions referred to Evelyn J. Furse. Attorney Jon V. Harper added to party Patrick Lentsch(pty:pla)(Harper, Jon) (Entered: 03/27/2017) 03/27/ AFFIDAVIT/DECLARATION of Jon V. Harper in Support re 18 MOTION to Appoint Counsel and Memorandum in Support and for Appointment as Lead Plaintiff of Steamfitters Local 449 Pension & Retirement Security Funds filed by Plaintiff Patrick Lentsch. (Attachments: # 1 Exhibit A - PSLRA Notice, # 2 Exhibit B- Sworn Certification, # 3 Exhibit C - Estimate of losses, # 4 Exhibit D - Robbins Geller Rudman & Dowd LLP firm resume)(harper, Jon) (Entered: 03/27/2017) 04/03/ ORDER OF RECUSAL Judge Robert J. Shelby recused. Case reassigned to Judge Dale A. Kimball for all further proceedings. Signed by Judge Robert J. Shelby on 3/31/2017. (jds) (Entered: 04/03/2017) 04/03/ NOTICE AFFIRMING PRIOR ORDER OF REFERENCE Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(a). (dla) (Entered: 04/03/2017) 04/06/ MOTION for Admission Pro Hac Vice of Gregory Mark Nespole, Registration fee $ 250, receipt number , filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order Proposed Order)(Scott, Jared) (Entered: 04/06/2017)

10 04/06/ MOTION for Admission Pro Hac Vice of Correy Ann Kamin, Registration fee $ 250, receipt number , filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order Proposed Order)(Scott, Jared) (Entered: 04/06/2017) 04/06/ MOTION for Admission Pro Hac Vice of Regina M. Calcaterra, Registration fee $ 250, receipt number , filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order Proposed Order)(Scott, Jared) (Entered: 04/06/2017) 04/06/ MOTION for Admission Pro Hac Vice of Vincent F. Pitta, Registration fee $ 250, receipt number , filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order Proposed Order)(Scott, Jared) (Entered: 04/06/2017) 04/10/ ORDER granting 24 Motion for Admission Pro Hac Vice of Regina M. Calcaterra for Hotel Association of New York City, Regina M. Calcaterra for New York Hotel Trades Council, The. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 4/10/17. (dla) (Entered: 04/10/2017) 04/10/ ORDER granting 23 Motion for Admission Pro Hac Vice of Correy Ann Kamin for Hotel Association of New York City, Correy Ann Kamin for New York Hotel Trades Council, The. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 4/10/17. (dla) (Entered: 04/10/2017) 04/10/ ORDER granting 22 Motion for Admission Pro Hac Vice of Gregory M. Nespole for Hotel Association of New York City, Gregory M. Nespole for New York Hotel Trades Council, The. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 4/10/17. (dla) (Entered: 04/10/2017) 04/10/ ORDER granting 25 Motion for Admission Pro Hac Vice of Vincent F. Pitta for Hotel Association of New York City, Vincent F. Pitta for New York Hotel Trades Council, The. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 4/10/17. (dla) (Entered: 04/10/2017) 04/10/ NOTICE of Non Opposition of Robert Mansfield To Competing Lead Plaintiff Motions by Patrick Lentsch re 13 MOTION for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Memorandum in Support (Stephens, Mitchell) (Entered: 04/10/2017) 04/10/ MEMORANDUM in Opposition re 18 MOTION to Appoint Counsel and Memorandum in Support and for Appointment as Lead Plaintiff of Steamfitters

11 Local 449 Pension & Retirement Security Funds, 16 MOTION to Appoint Counsel and Memorandum in Support of Al-MacKey Enterprises, Inc.'s Motion for Appointment as Lead Plaintiff and Approval of Counsel filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 04/10/2017) 04/11/ NOTICE of Withdrawal of Motion by Patrick Lentsch re 18 MOTION to Appoint Counsel and Memorandum in Support and for Appointment as Lead Plaintiff of Steamfitters Local 449 Pension & Retirement Security Funds filed by Steamfitters Local 449 Pension & Retirement Security Funds (Harper, Jon) (Entered: 04/11/2017) 04/13/ CLERK'S NOTICE OF POSSIBLE ERROR re 32 Notice (Other) of Withdrawal of Motion. Description of possible error: Notice of Withdrawal of Motion should have been filed utilizing event "Withdrawal of Motion". The entry has been adjusted by terminating motion. No action from counsel required. (dla) (Entered: 04/13/2017) 04/19/ NOTICE of Non-Opposition by Al-Mackey Enterprises, Inc. to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel by Patrick Lentsch (Portnoy, Lesley) (Entered: 04/19/2017) 04/21/ REQUEST to Submit for Decision Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Memorandum in Support filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 04/21/2017) 04/25/ **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Hotel Association of New York City, New York Hotel Trades Council, The as to Vista Outdoor served on 4/21/2017, answer due 5/12/2017. (Scott, Jared) (Entered: 04/25/2017) 04/26/ MOTION for Admission Pro Hac Vice of Anita B. Kartalopoulos, Registration fee $ 250, receipt number , filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order Ex. C (Proposed Order))(Scott, Jared) (Entered: 04/26/2017) 04/26/ MOTION for Admission Pro Hac Vice of Betsy Carol Manifold, Registration fee $ 250, receipt number , filed by Movants Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A (Application for Admission), # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order Ex. C (Proposed Order))(Scott, Jared) (Entered: 04/26/2017) 05/02/ **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Hotel Association of New York City, New York Hotel Trades Council, The as to Stephen M. Nolan served on 4/24/2017, answer due 5/15/2017. (Scott, Jared) (Entered: 05/02/2017) 05/05/ ORDER granting 37 Motion for Admission Pro Hac Vice of Anita B. Kartalopoulos for Hotel Association of New York City, New York Hotel Trades Council, The. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 5/5/17. (dla) (Entered: 05/05/2017)

12 05/05/ ORDER granting 38 Motion for Admission Pro Hac Vice of Betsy C. Manifold for Hotel Association of New York City, New York Hotel Trades Council, The. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 5/5/17. (dla) (Entered: 05/05/2017) 05/08/ WAIVER OF SERVICE Returned Executed filed by Hotel Association of New York City, New York Hotel Trades Council, The as to Kelly T. Grindle Waiver sent on 5/4/2017, answer due 7/3/2017. (Scott, Jared) (Entered: 05/08/2017) 07/03/ ORDER granting 13 the Motion of the New York Hotel Trades Counsel and Hotel Association of New York City, Inc. Pension Fund for Appointment as Lead Plaintiff and Approval of Selection of Counsel and Denying the Motions of Al-Mackey Enterprises, Inc. and Robert Mansfield. The New York Pension Funds Motion 13 is GRANTED; Robert Mansfields Motion 14 is DENIED;Al-Mackey Enterprises, Inc.s Motion 16 is DENIED. Signed by Magistrate Judge Evelyn J. Furse on 7/3/17. (dla) (Entered: 07/03/2017) 08/07/ NOTICE of Appearance by Tammy B. Georgelas on behalf of Vista Outdoor (Georgelas, Tammy) (Entered: 08/07/2017) 08/08/ MOTION for Admission Pro Hac Vice of Robert H. Baron, Registration fee $ 250, receipt number , filed by Defendant Vista Outdoor. (Attachments: # 1 Text of Proposed Order for Pro Hac Vice Admission)(Georgelas, Tammy) (Entered: 08/08/2017) 08/08/ MOTION for Admission Pro Hac Vice of Davina A. Finn, Registration fee $ 250, receipt number , filed by Defendant Vista Outdoor. (Attachments: # 1 Text of Proposed Order for Pro Hac Vice Admission and Consent of Local Counsel)(Georgelas, Tammy) (Entered: 08/08/2017) 08/08/ MOTION for Admission Pro Hac Vice of Sarah M. Colombo, Registration fee $ 250, receipt number , filed by Defendant Vista Outdoor. (Attachments: # 1 Text of Proposed Order for Pro Hac Vice Admission and Consent of Local Counsel)(Georgelas, Tammy) (Entered: 08/08/2017) 08/08/ Stipulated MOTION for Scheduling Order and Proposed Scheduling Order filed by Defendant Vista Outdoor. Motions referred to Evelyn J. Furse.(Georgelas, Tammy) (Entered: 08/08/2017) 08/09/ ORDER granting 45 Motion for Admission Pro Hac Vice of Robert H. Baron for Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 8/9/17. (dla) (Entered: 08/09/2017) 08/09/ ORDER granting 47 Motion for Admission Pro Hac Vice of Sarah M. Colombo for Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 8/9/17. (dla) (Entered: 08/09/2017)

13 08/09/ ORDER granting 46 Motion for Admission Pro Hac Vice of Davina A. Finn for Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at Signed by Judge Dale A. Kimball on 8/9/17. (dla) (Entered: 08/09/2017) 08/22/ SCHEDULING ORDER: Plaintiffs' Consolidated Amended Complaint due by 9/22/2017. Defendants' response to consolidated amended complaint due by 10/23/2017. Plaintiff's opposition to Defendant's motion to dismiss, if any, due on or before 11/22/2017; Defendant's reply to Plaintiffs' Opposition to Defendants' motion to dismiss, if any, due on or before 12/22/17. Motions terminated: 48 Stipulated MOTION for Scheduling Order. Signed by Magistrate Judge Evelyn J. Furse on 8/21/17. (dla) (Entered: 08/22/2017) 09/22/ AMENDED COMPLAINT (First) for Violations of Federal Securities Law against All Defendants with Jury Demand. filed by Patrick Lentsch, Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 09/22/2017) 10/20/ MOTION for Admission Pro Hac Vice of Michael A. Paskin, Registration fee $ 250, receipt number , filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. Attorney Tammy B. Georgelas added to party Mark W. DeYoung(pty:dft), Attorney Tammy B. Georgelas added to party Kelly T. Grindle(pty:dft), Attorney Tammy B. Georgelas added to party Stephen M. Nolan(pty:dft)(Georgelas, Tammy) (Entered: 10/20/2017) 10/23/ ORDER granting 54 Motion for Admission Pro Hac Vice of Michael A. Paskin for Defendants. Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at Signed by Judge Dale A. Kimball on 10/23/2017. (eat) (Entered: 10/23/2017) 10/23/ CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor identifying None as Corporate Parent. (Georgelas, Tammy) (Entered: 10/23/2017) 10/23/ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. (Georgelas, Tammy) (Entered: 10/23/2017) 10/23/ AFFIDAVIT/DECLARATION of Robert H. Baron in Support re 57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. (Attachments: # 1 Exhibit 1--Vistas Current Report on Form 8-K, filed with the SEC on April 4, 2016, # 2 Exhibit 2--Vistas Proxy Statement (Schedule 14A), filed with the SEC on June 30, 2016, # 3 Exhibit 3--Transcript of Vistas Earnings Call for the period ended on July 3, 2016 (Q1 2017), # 4 Exhibit 4--Vistas Current Report on Form 8-K, filed with the SEC on August 11, 2016, # 5 Exhibit 5-- Vistas Q Quarterly Report on Form 10-Q, filed with the SEC on August 12, 2016 (dated August 11, 2016), # 6 Exhibit 6--Vistas Quarterly Report for the period ended on October 2, 2016 (Q2 2017) on form 10-Q, filed with the SEC on November 10, 2016, # 7 Exhibit 7--Vistas Current Report on Form 8-K, filed with

14 the SEC on November 10, 2016, # 8 Exhibit 8--Transcript of Vista's Q Earnings Call, dated November 10, 2016, # 9 Exhibit 9--Transcript of Vista's Investor Day, dated November 17, 2016, # 10 Exhibit 10--Financial Times Article entitled "Gun Stocks Pack Less Heat Since Trumps Election, # 11 Exhibit 11--Vistas Current Report on Form 8-K, filed with the SEC on January 12, 2017, # 12 Exhibit 12--Vista's Current Report on Form 8-K, filed with the SEC on February 9, 2017, # 13 Exhibit 13--Transcript of Vista's Earnings Call for the period ended Janaury 1, 2017, dated February 9, 2017, # 14 Exhibit 14--Transcript of a Management Discussion Section of the Roth Capital Partner Conference, dated March 14, 2017, # 15 Exhibit 15--Vistas Proxy Statement (Schedule 14A), filed with the SEC on June 16, 2017)(Georgelas, Tammy) (Entered: 10/23/2017) 11/17/ NOTICE of Appearance by Adam E. Weinacker on behalf of Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor (Weinacker, Adam) (Entered: 11/17/2017) 11/17/ STIPULATION and [Proposed] Scheduling Order Re: Second Amended Complaint by Hotel Association of New York City, Patrick Lentsch, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 11/17/2017) 11/20/ STIPULATION & SCHEDULING ORDER: Plaintiffs' 2nd Amended Complaint due by 1/12/2018; Defendants' response to 2nd Amended Complaint due by 2/22/2018; Plaintiffs' opposition to Defendants' motion to dismiss, if any, due by 3/26/2018; Defendants' reply to Plaintiffs' opposition to Defendants' motion to dismiss, if any, due by 4/25/2018. Motion terminated: Defendants' 57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Judge Dale A. Kimball on 11/20/2017. (eat) (Entered: 11/20/2017) 01/12/ AMENDED COMPLAINT (Second) for Violations of Federal Securities Law against All Defendants with Jury Demand. filed by Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - Chart) (Scott, Jared) (Entered: 01/12/2018) 01/19/ NOTICE OF WITHDRAWAL OF COUNSEL of Sarah M. Colombo filed by Tammy B. Georgelas on behalf of Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor (Georgelas, Tammy) (Entered: 01/19/2018) 02/22/ Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. (Attachments: # 1 Exhibit A: Defendants Response to Plaintiffs Addendum to Second Amended Complaint)(Georgelas, Tammy) (Entered: 02/22/2018) 02/22/ AFFIDAVIT/DECLARATION of Robert H. Baron in Support re 64 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. (Attachments: # 1 Appendix of Exhibits to Declaration of Robert H. Baron in Support of Defendants Motion to Dismiss Plaintiffs Second Amended Complaint, # 2 Exhibit 1: Vistas Current Report on Form 8-K, filed with the SEC on April 4, 2016, # 3 Exhibit 2: Vistas Annual Report on Form 10-K, for the fiscal year ended March 31, 2016, filed with the SEC on May 27, 2016, # 4 Exhibit 3: Vistas Proxy Statement (Schedule 14A), filed with the SEC on June 30,

15 2016, # 5 Exhibit 4: Transcript of Vistas Earnings Call for the period ended on July 3, 2016 (Q1 2017), retrieved from Thomson Reuters Streetevents, dated August 11, 2016, # 6 Exhibit 5: Vistas Current Report on Form 8-K, filed with the SEC on August 11, 2016, # 7 Exhibit 6: Vistas Q Quarterly Report on Form 10-Q, filed with the SEC on August 12, 2016 (dated August 11, 2016), # 8 Exhibit 7: Vistas Quarterly Report for the period ended on October 2, 2016 (Q2 2017) on Form 10-Q, filed with the SEC on November 10, 2016, # 9 Exhibit 8: Vistas Current Report on Form 8-K, filed with the SEC on November 10, 2016, # 10 Exhibit 9: Transcript of Vistas Q Earnings Call, retrieved from Thomson Reuters, dated November 10, 2016, # 11 Exhibit 10: Transcript of Vistas Investor Day, retrieved from FactSet CallStreet, LLC, dated November 17, 2016, # 12 Exhibit 11: Gun Stocks Pack Less Heat Since Trumps Election, published in the Financial Times on December 18, 2016, # 13 Exhibit 12: ASC Topic , published by the FASB, # 14 Exhibit 13: ASC Topic , published by the FASB, # 15 Exhibit 14: Vistas Current Report on Form 8-K, filed with the SEC on January 12, 2017, # 16 Exhibit 15: Vistas Current Report on Form 8-K, filed with the SEC on February 9, 2017, # 17 Exhibit 16: Vistas Quarterly Report for the period ended January 1, 2017 (Q3 2017), on Form 10-Q, filed with the SEC on February 9, 2017, # 18 Exhibit 17: Transcript of Vistas Q Earnings Call, retrieved from Thomson Reuters, dated February 9, 2017, # 19 Exhibit 18: Transcript of the Roth Capital Partners Conference, retrieved from Bloomberg LP, dated March 14, 2017, # 20 Exhibit 19A: Vistas Current Report on Form 8-K, filed with the SEC on May 11, 2017 (Pages 1-49), # 21 Exhibit 19B: Vistas Current Report on Form 8-K, filed with the SEC on May 11, 2017 (Pages 50-90), # 22 Exhibit 20: Transcript of Vistas Q Earnings Call, retrieved from Thomson Reuters, dated May 11, 2017, # 23 Exhibit 21: Vistas Annual Report on Form 10-K, for the fiscal year ended March 31, 2017, filed with the SEC on May 26, 2017, # 24 Exhibit 22: Vistas Proxy Statement (Schedule 14A), filed with the SEC on June 16, 2017, # 25 Exhibit 23: Vistas Current Report on Form 8-K, filed with the SEC on August 10, 2017, # 26 Exhibit 24: Vistas Quarterly Report for the period ended July 2, 2017 (Q1 2018), on Form 10-Q, filed with the SEC on August 10, 2017, # 27 Exhibit 25: Transcript of Vistas Q Earnings Call, retrieved from Thomson Reuters, dated August 10, 2017, # 28 Exhibit 26: Vistas Quarterly Report for the period ended October 1, 2017 (Q2 2018), on Form 10-Q, filed with the SEC on November 9, 2017, # 29 Exhibit 27: Transcript of Vistas presentation at the Bank of America Merrill Lynch America Leveraged Finance Conference, retrieved from Thomson Reuters, dated November 30, 2016, # 30 Exhibit 28: Transcript of Vistas Executive Update Call, retrieved from FactSet CallStreet, dated July 11, 2017)(Georgelas, Tammy) (Entered: 02/22/2018) 02/28/ NOTICE FROM THE COURT re: Initial Scheduling The court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jds) (Entered: 02/28/2018) 03/08/ NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at should be prepared 21 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the

16 hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report; and (b) a Proposed Scheduling Order to ipt@utd.uscourts.gov 21 days before the scheduled hearing. See instructions at If counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 4/4/2018 at 10:00 AM in Rm before Magistrate Judge Evelyn J. Furse. (jds) (Entered: 03/08/2018) 03/14/ REPORT OF ATTORNEY PLANNING MEETING. (Georgelas, Tammy) (Entered: 03/14/2018) 03/26/ MEMORANDUM in Opposition re 64 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 03/26/2018) 03/27/ Stipulated MOTION to Continue Initial Pretrial Conference and Memorandum in Support filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. Motions referred to Evelyn J. Furse.(Georgelas, Tammy) (Entered: 03/27/2018) 03/28/ ORDER granting 70 Stipulated MOTION to Continue Initial Pretrial Conference filed by Kelly T. Grindle, Vista Outdoor, Stephen M. Nolan, and Mark W. DeYoung. The Initial Pretrial Conference currently scheduled for 4/4/2018, at 10:00 a.m. is hereby STRICKEN, and may be rescheduled after the resolution of Defendants' pending Motion to Dismiss. Signed by Judge Dale A. Kimball on 3/28/2018. (eat) (Entered: 03/28/2018) 04/02/ NOTICE OF HEARING ON MOTION re: 64 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Notice generated by DAK Chambers): Motion Hearing is set for 6/12/2018, at 10:00 AM in Rm before Judge Dale A. Kimball. (eat) (Entered: 04/02/2018) 04/05/ MOTION to Withdraw and Memorandum in Support filed by Plaintiff Patrick Lentsch. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw) Motions referred to Evelyn J. Furse. (Stephens, Mitchell) Modified by changing event type to Motion to Withdraw as Attorney on 4/6/2018 (blh). (Entered: 04/05/2018) 04/06/ ORDER granting 73 Motion to Withdraw as Attorney. Attorney Mitchell A. Stephens withdrawn from case for Movant/Plaintiff Robert Mansfield. Signed by Magistrate Judge Evelyn J. Furse on 4/6/2018. (blh) (Entered: 04/06/2018) 04/20/ Stipulated MOTION to Stay and Memorandum in Support filed by Defendants Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. Motions referred to Evelyn J. Furse.(Georgelas, Tammy) (Entered: 04/20/2018) 04/23/ ORDER granting 75 Stipulated MOTION to Stay Case Pending Settlement. The hearing on Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint

17 scheduled for 6/12/2018, is VACATED. After the expiration of 90 days from the date of this Order, if the Parties have not submitted papers under Fed. R. Civ. P. 23(e) seeking a final Court approval of their settlement, the Parties shall submit a stipulated motion requesting a status conference. Signed by Judge Dale A. Kimball on 4/23/2018. (eat) (Entered: 04/23/2018) 04/23/ NOTICE VACATING MOTION HEARING set for 6/12/2018, at 10:00 a.m. before Judge Dale A. Kimball (Notice generated by DAK Chambers). (eat) (Entered: 04/23/2018) 06/07/ STATUS REPORT Joint Status Report on Settlement Efforts by Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor. (Georgelas, Tammy) (Entered: 06/07/2018) 07/03/ Ex Parte (Not Sealed) MOTION for Leave to File Overlength Motion Preliminarily Approving Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on Final Approval of Settlement and Memorandum in Support filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Scott, Jared) (Entered: 07/03/2018) 07/03/ MOTION (Unopposed) Preliminarily Approving Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on Final Approval of Settlement and Memorandum in Support filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. Motions referred to Evelyn J. Furse.(Scott, Jared) (Entered: 07/03/2018) 07/03/ ORDER Granting Lead Plaintiff's 79 Ex Parte Motion for Leave to File Overlength Motion. Signed by Judge Dale A. Kimball on 7/3/2018. (eat) (Entered: 07/03/2018) 07/03/ AFFIDAVIT/DECLARATION of Betsy C. Manifold in Support re 80 MOTION (Unopposed) Preliminarily Approving Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on Final Approval of Settlement and Memorandum in Support filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit 1 - Stipulation and Agreement of Settlement, # 2 Exhibit 2 - Firm Resume)(Scott, Jared) (Entered: 07/03/2018) 07/03/ AFFIDAVIT/DECLARATION of Stephanie Amin-Giwner in Support re 80 MOTION (Unopposed) Preliminarily Approving Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on Final Approval of Settlement and Memorandum in Support (Re: Notice Program) filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit GCG's Corporate Resume)(Scott, Jared) (Entered: 07/03/2018) 07/05/ Motions No Longer Referred: 80 MOTION (Unopposed) Preliminarily Approving Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on Final Approval of Settlement and Memorandum in Support. District Judge to handle the Motion. (lnp) (Entered: 07/05/2018) 07/09/ ORDER Granting 80 Unopposed MOTION Preliminarily Approving Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on

18 Final Approval of Settlement. A hearing on the final approval of settlement is set for 10/31/2018, at 02:30 PM in Rm Defendants' 64 Motion to Dismiss is terminated as moot. Signed by Judge Dale A. Kimball on 7/9/2018. (eat) (Entered: 07/09/2018) 07/12/ NOTICE of Affidavit Regarding Class Action Fairness Act Compliance by Mark W. DeYoung, Kelly T. Grindle, Stephen M. Nolan, Vista Outdoor re 85 Order,, Terminate Motions,, Set Hearings, (Baron, Robert) (Entered: 07/12/2018) 09/26/ Ex Parte (Not Sealed) MOTION for Leave to File Overlength Application for Award of Attorneys' Fees, Reimbursement of Expenses and Service Award to Lead Plaintiff and Memorandum in Support filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Scott, Jared) (Entered: 09/26/2018) 09/26/ Ex Parte (Not Sealed) MOTION for Leave to File Overlength Motion for Final Approval of Class Action Settlement, Plan of Allocation and Certification of Settlement Class and Memorandum in Support filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Scott, Jared) (Entered: 09/26/2018) 09/26/ ORDER granting 87 Motion for Leave to File Overlength Application for Award of Attorneys' Fees. Signed by Judge Dale A. Kimball on 9/26/2018. (eat) (Entered: 09/26/2018) 09/26/ ORDER granting 88 Motion for Leave to File Overlength Motion for Final Approval of Class Action Settlement, Plan of Allocation and Certification of Settlement Class. Signed by Judge Dale A. Kimball on 9/26/2018. (eat) (Entered: 09/26/2018) 09/26/ MOTION for Settlement and Memorandum in Support for Final Approval of Class Action Settlement, Plan of Allocation, and Certification of Settlement Class filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 09/26/2018) 09/26/ MOTION for Attorney Fees and Memorandum in Support and Reimbursement of Expenses and Service Award to Lead Plaintiff filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. Motions referred to Evelyn J. Furse.(Scott, Jared) (Entered: 09/26/2018) 09/26/ AFFIDAVIT/DECLARATION of Betsy C. Manifold in Support re 92 MOTION for Attorney Fees and Memorandum in Support and Reimbursement of Expenses and Service Award to Lead Plaintiff, 91 MOTION for Settlement and Memorandum in Support for Final Approval of Class Action Settlement, Plan of Allocation, and Certification of Settlement Class filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit 1 - Firm Resume, # 2 Exhibit 2 - T&E Reports, # 3 Exhibit 3 - USAE Order, # 4 Exhibit 4 - DeFrees v. Kirkland, # 5 Exhibit 5 - USAE Order, # 6 Exhibit 6 - Hot Topic Order, # 7 Exhibit 7 - Good Morning v. Warner)(Scott, Jared) (Entered: 09/26/2018)

19 09/26/ AFFIDAVIT/DECLARATION of Stephanie Amin-Giwner in Support re 92 MOTION for Attorney Fees and Memorandum in Support and Reimbursement of Expenses and Service Award to Lead Plaintiff, 91 MOTION for Settlement and Memorandum in Support for Final Approval of Class Action Settlement, Plan of Allocation, and Certification of Settlement Class filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - Notice of Pendency of Class Action, # 2 Exhibit B - Affidavit of Publication, # 3 Exhibit C - Confirmation Report, # 4 Exhibit D - Redacted Exclusion Request)(Scott, Jared) (Entered: 09/26/2018) 09/26/ AFFIDAVIT/DECLARATION of Harry Veras in Support re 91 MOTION for Settlement and Memorandum in Support for Final Approval of Class Action Settlement, Plan of Allocation, and Certification of Settlement Class, 92 MOTION for Attorney Fees and Memorandum in Support and Reimbursement of Expenses and Service Award to Lead Plaintiff filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 09/26/2018) 09/26/ MOTION for Judgment Based on ADR Settlement and Memorandum in Support NOTICE OF FILING Proposed Final Order filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Attachments: # 1 Exhibit A - List of Persons Excluded)(Scott, Jared) Modified by striking incorrect description of document and adding docket text clarifying that document is a proposed judgment on 9/27/2018 (eat). (Entered: 09/26/2018) 09/27/ Modification of Docket re 96 MOTION for Judgment Based on ADR Settlement and Memorandum in Support and Final Order. This document is not a motion, but instead a proposed final order. The docket text has been modified to reflect this. (eat) (Entered: 09/27/2018) 09/27/ Motions No Longer Referred: 92 MOTION for Attorney Fees and Memorandum in Support and Reimbursement of Expenses and Service Award to Lead Plaintiff (jjm) (Entered: 09/27/2018) 10/24/ REPLY to Response to Motion re 91 MOTION for Settlement and Memorandum in Support for Final Approval of Class Action Settlement, Plan of Allocation, and Certification of Settlement Class, 92 MOTION for Attorney Fees and Memorandum in Support and Reimbursement of Expenses and Service Award to Lead Plaintiff filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 10/24/2018) 10/24/ AFFIDAVIT/DECLARATION of Betsy C. Manifold in Support re 91 MOTION for Settlement and Memorandum in Support for Final Approval of Class Action Settlement, Plan of Allocation, and Certification of Settlement Class, 92 MOTION for Attorney Fees and Memorandum in Support and Reimbursement of Expenses and Service Award to Lead Plaintiff filed by Plaintiffs Hotel Association of New York City, New York Hotel Trades Council, The. (Scott, Jared) (Entered: 10/24/2018) 10/31/ Minute Entry for proceedings held before Judge Dale A. Kimball: Final Approval of Class Action Settlement Hearing held on 10/31/2018. After hearing statements from counsel, the court finds that the settlement and fees and costs are reasonable. The

20 Final Order and Judgment is executed in open court. Attorneys for Plaintiff: Betsy C. Manifold, Jason Greene, and Jared D. Scott, Attorneys for Defendant: Robert H. Baron and Tammy B. Georgelas. Court Reporter: Rebecca Janke. (eat) (Entered: 10/31/2018) 10/31/ FINAL ORDER AND JUDGMENT - Case Closed. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Dale A. Kimball on 10/31/2018. (eat) (Entered: 10/31/2018) 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