United States District Court Northern District of Illinois - CM/ECF LIVE, Ver (Chicago) CIVIL DOCKET FOR CASE #: 1:12-cv-00772

Transcription

1 US District Court Civil Docket as of October 23, 2013 Retrieved from the court on January 13, 2014 United States District Court Northern District of Illinois - CM/ECF LIVE, Ver (Chicago) CIVIL DOCKET FOR CASE #: 1:12-cv Lauria v. BioSante Pharmaceuticals, Inc. et al Date Filed: 02/03/2012 Assigned to: Honorable Joan B. Gottschall Date Terminated: 10/23/2013 Cause: 15:78m(a) Securities Exchange Act Jury Demand: Defendant Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Thomas Lauria represented by Amelia Susan Newton Lasky & Rifkind, Ltd. 351 West Hubbard Street Suite 401 Chicago, IL (312) newton@laskyrifkind.com Heidi E. VonderHeide Ulmer & Berne, LLP 500 W. Madison St. Suite 3600 Chicago, IL (312) hvonderheide@ulmer.com TERMINATED: 09/26/2012 Leigh R. Lasky Lasky & Rifkind, Ltd. 351 West Hubbard Street Suite 401 Chicago, IL (312) lasky@laskyrifkind.com Norman Rifkind Lasky & Rifkind, Ltd. 351 West Hubbard Street Suite 401 Chicago, IL (312) Fax: (312)

2 V. Defendant BioSante Pharmaceuticals, Inc. represented by David H. Kistenbroker Dechert LLP 77 West Wacker Suite 3200 Chicago, IL (312) LEAD ATTORNEY Ashley John Burden Dechert LLP 77 West Wacker Suite 3200 Chicago, IL Carl E. Volz Dechert LLP 77 West Wacker Suite 3200 Chicago, IL (312) Defendant Stephen M. Simes represented by David H. Kistenbroker LEAD ATTORNEY Ashley John Burden Carl E. Volz Service List represented by Francis P. Mcconville Faruqi & Faruqi, Llp

3 369 Lexington Avenue 10th Floor New York, NY (212) Nicholas Porritt Levi & Korsinsky Llp th Street, Nw Suite 115 Washington, DC (202) Thomas Gottschlich Levi & Korsinsky Llp th Street, Nw Suite 115 Washington, DC (202) V. Movant Mark Dale represented by Amelia Susan Newton Conrad B. Stephens Robbins Arroyo LLP 600 B Street Suite 1900 San Diego, CA (619) Fax: (619) cstephens@robbinsarroyo.com Heidi E. VonderHeide TERMINATED: 09/26/2012

4 Leigh R. Lasky Norman Rifkind Movant Jeffrey Rennell represented by Francis P. Mcconville Jeffrey Michael Salas Salas Wang LLC 155 N. Wacker Drive Suite 4250 Chicago, IL (312) Richard William Gonnello Faruqi & Faruqi, Llp 369 Lexington Avenue 10th Floor New York, NY (212) Movant Thomas Norgiel represented by Francis P. Mcconville Richard William Gonnello Jeffrey Michael Salas Movant The BioSante Investor Group represented by Matthew Thomas Heffner

5 Susman Heffner & Hurst LLP 30 North LaSalle Street Suite 1210 Chicago, IL (312) Fax: Movant Shaked Investor Group represented by Peter Scott Lubin DiTommaso Lubin, P.C. 17W nd Street, Suite 410 Oakbrook Terrace, IL (630) Vincent Louis DiTommaso DiTommaso Lubin, P.C. 17W nd Street, Suite 410 Oakbrook Terrace, IL (630) Date Filed # Docket Text 02/03/ COMPLAINT Class Action Complaint for Violation of Federal Securities Laws filed by Thomas Lauria; Filing fee $ 350, receipt number (Rifkind, Norman) (Entered: 02/03/2012) 02/03/ /03/ /03/ /03/ /03/ /03/ CIVIL Cover Sheet (Rifkind, Norman) (Entered: 02/03/2012) CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (nsf, ) (Entered: 02/03/2012) 3 ATTORNEY Appearance for Plaintiff Thomas Lauria by Norman Rifkind (Rifkind, Norman) (Entered: 02/03/2012) 4 ATTORNEY Appearance for Plaintiff Thomas Lauria by Leigh R. Lasky (Lasky, Leigh) (Entered: 02/03/2012) 5 ATTORNEY Appearance for Plaintiff Thomas Lauria by Amelia Susan Newton (Newton, Amelia) (Entered: 02/03/2012) SUMMONS Issued as to Defendants BioSante Pharmaceuticals, Inc., Stephen M. Simes (jh, ) (Entered: 02/03/2012) 02/09/ MINUTE entry before Honorable Joan B. Gottschall: Status hearing set for 4/3/2012 at 09:30 AM. Plaintiff is directed to advise the defendant of the status hearing forthwith. Parties are directed to discuss settlement of case, consent to proceed before

6 the Magistrate Judge and a proposed discovery plan. See Judge Gottschall's civil case management information about pretrial case management procedures. This information is located on the website: http// Mailed notices (gcy, ) (Entered: 02/10/2012) 03/08/ /03/ /06/ SUMMONS Returned Executed by Thomas Lauria as to BioSante Pharmaceuticals, Inc. on 2/14/2012, answer due 3/6/2012. (Rifkind, Norman) (Entered: 03/08/2012) 8 MINUTE entry before Honorable Joan B. Gottschall: Status hearing held on 4/3/2012, Status hearing set for 6/5/2012 at 09:30 AM. Mailed notice (rj, ) (Entered: 04/03/2012) 9 ATTORNEY Appearance for Movant Mark Dale by Leigh R. Lasky (Lasky, Leigh) (Entered: 04/06/2012) 04/06/ /06/ ATTORNEY Appearance for Movant Mark Dale by Norman Rifkind (Rifkind, Norman) (Entered: 04/06/2012) 11 ATTORNEY Appearance for Movant Mark Dale by Amelia Susan Newton (Newton, Amelia) (Entered: 04/06/2012) 04/06/ MOTION by Movant Mark DaleFor Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel (Attachments: # 1 Exhibit A through E)(Rifkind, Norman) (Entered: 04/06/2012) 04/06/ NOTICE of Motion by Norman Rifkind for presentment of motion for miscellaneous relief 12 before Honorable Joan B. Gottschall on 4/11/2012 at 09:30 AM. (Rifkind, Norman) (Entered: 04/06/2012) 04/06/ MEMORANDUM by Mark Dale in support of motion for miscellaneous relief 12 Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel (Rifkind, Norman) (Entered: 04/06/2012) 04/06/ MOTION by Defendant BioSante Pharmaceuticals, Inc. to consolidate cases, Appoint Lead Plaintiff and Approve His Selection of Counsel (DiTommaso, Vincent) (Entered: 04/06/2012) 04/06/ MEMORANDUM by BioSante Pharmaceuticals, Inc. in support of motion to consolidate cases 15, Appoint Lead Plaintiff and Approve His Selection of Counsel (Attachments: # 1 Declaration Declaration of Nicholas I. Porritt)(DiTommaso, Vincent) (Entered: 04/06/2012) 04/06/ ATTORNEY Appearance for Defendant BioSante Pharmaceuticals, Inc. by Vincent Louis DiTommaso (DiTommaso, Vincent) (Entered: 04/06/2012) 04/06/ /06/ ATTORNEY Appearance for Defendant BioSante Pharmaceuticals, Inc. by Peter Scott Lubin (Lubin, Peter) (Entered: 04/06/2012) 19 NOTICE of Motion by Vincent Louis DiTommaso for presentment of motion to consolidate cases 15 before Honorable Joan B. Gottschall on 4/11/2012 at 09:30 AM. (DiTommaso, Vincent) (Entered: 04/06/2012) 04/06/ ATTORNEY Appearance for Movants Thomas Norgiel, Jeffrey Rennell by Jeffrey Michael Salas (Salas, Jeffrey) (Entered: 04/06/2012)

7 04/06/ MOTION by Movants Thomas Norgiel, Jeffrey Rennell to consolidate cases, MOTION by Movants Thomas Norgiel, Jeffrey Rennell to appoint counsel (Salas, Jeffrey) (Entered: 04/06/2012) 04/06/ MOTION by Movants Thomas Norgiel, Jeffrey RennellMemorandum in Support of Movants' Motion to Consolidate, Appoint Lead Plaintiffs, and Approve Lead Counsel (Attachments: # 1 Declaration Declaration of Jeffrey M. Salas, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B, # 4 Exhibit Ex. C, # 5 Exhibit Ex. D, # 6 Exhibit Ex. E, # 7 Exhibit Ex. F, # 8 Exhibit Ex. G)(Salas, Jeffrey) (Entered: 04/06/2012) 04/06/ NOTICE of Motion by Jeffrey Michael Salas for presentment of motion to consolidate cases, motion to appoint counsel 21, motion for miscellaneous relief, 22 before Honorable Joan B. Gottschall on 4/11/2012 at 09:30 AM. (Salas, Jeffrey) (Entered: 04/06/2012) 04/06/ MOTION by Plaintiff The BioSante Investor Group to consolidate cases and for appointment of Lead Plaintiff and Lead Counsel (Heffner, Matthew) (Entered: 04/06/2012) 04/06/ MEMORANDUM by Plaintiff The BioSante Investor Group to consolidate cases Memorandum in Support (Attachments: # 1 Exhibit Certifications, # 2 Exhibit Loss Chart, # 3 Exhibit Declarations, # 4 Exhibit Press Release, # 5 Exhibit BP Resume, # 6 Exhibit KSF Resume, # 7 Exhibit SHH Resume)(Heffner, Matthew) Text modified by Clerk's office). (Entered: 04/06/2012) 04/06/ NOTICE of Motion by Matthew Thomas Heffner for presentment of motion to consolidate cases 15 before Honorable Joan B. Gottschall on 4/11/2012 at 09:30 AM. (Heffner, Matthew) (Entered: 04/06/2012) 04/09/ MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number (Gonnello, Richard) (Entered: 04/09/2012) 04/09/ /09/ ATTORNEY Appearance for Movant The BioSante Investor Group by Vincent Louis DiTommaso Corrected Attorney Appearance (DiTommaso, Vincent) (Entered: 04/09/2012) 29 ATTORNEY Appearance for Movant The BioSante Investor Group by Peter Scott Lubin Corrected Attorney Appearance (Lubin, Peter) (Entered: 04/09/2012) 04/09/ MOTION by Movant The BioSante Investor Group to consolidate cases, Appoint Lead Plaintiff and Approve Counsel Selection (DiTommaso, Vincent) (Entered: 04/09/2012) 04/09/ MEMORANDUM by The BioSante Investor Group in support of motion to consolidate cases 30 Corrected Memorandum of Law in Support of Motion of BioSante Investor Group for Consolidation of the Related Actions, Appointment as Lead Plaintiff and Approval of Its Selection of Counsel (Attachments: # 1 Declaration Declaration of Nicholas Porritt)(DiTommaso, Vincent) (Entered: 04/09/2012) 04/09/ NOTICE of Motion by Vincent Louis DiTommaso for presentment of motion to consolidate cases 30 before Honorable Joan B. Gottschall on 4/11/2012 at 09:30 AM. (DiTommaso, Vincent) (Entered: 04/09/2012) 04/09/ ATTORNEY Appearance for Plaintiff Thomas Lauria by Heidi E. VonderHeide

8 (VonderHeide, Heidi) (Entered: 04/09/2012) 04/09/ /09/ /09/ /10/ /10/ /10/ /10/ /11/ /18/ ATTORNEY Appearance for Movant Mark Dale by Heidi E. VonderHeide (VonderHeide, Heidi) (Entered: 04/09/2012) 35 ATTORNEY Appearance for Movant The BioSante Investor Group by Matthew Thomas Heffner (Heffner, Matthew) (Entered: 04/09/2012) 36 CERTIFICATE of Service by Movant The BioSante Investor Group regarding attorney appearance 35 (Heffner, Matthew) (Entered: 04/09/2012) 37 ATTORNEY Appearance for Defendants BioSante Pharmaceuticals, Inc., Stephen M. Simes by David H. Kistenbroker (Kistenbroker, David) (Entered: 04/10/2012) 38 ATTORNEY Appearance for Defendants BioSante Pharmaceuticals, Inc., Stephen M. Simes by Ashley John Burden (Burden, Ashley) (Entered: 04/10/2012) 39 ATTORNEY Appearance for Defendants BioSante Pharmaceuticals, Inc., Stephen M. Simes by Carl E. Volz (Volz, Carl) (Entered: 04/10/2012) 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BioSante Pharmaceuticals, Inc. (Kistenbroker, David) (Entered: 04/10/2012) 41 MINUTE entry before Honorable Joan B. Gottschall: Motion hearing held on 4/11/2012. The Motions to appoint lead counsel and for approval of lead plaintiffs' selections 12, 15, 21, 22, 24 and 30 are entered. The parties are directed to file simultaneous responses to the motions by 4/20/2012; and simultaneous replies to be filed by 4/27/2012. Ruling will be by mail. The parties' oral motion to file a 20-page limit on their briefs, not including exhibits, is granted. The Motions to consolidate cases 15, 21, 22, 24, 30 are granted in part. The Court finds that the cases are related and are now before this Court. Mailed notice by judge's staff. (srb,) (Entered: 04/12/2012) 42 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number (Stephens, Conrad) (Entered: 04/18/2012) 04/20/ RESPONSE by Movant Mark Dale to motion to consolidate cases, motion to appoint counsel 21, motion for miscellaneous relief, 22, memorandum in support of motion, 16, memorandum in support of motion, 31 MARK DALE'S RESPONSE TO COMPETING LEAD PLAINTIFF MOVANTS (Rifkind, Norman) (Entered: 04/20/2012) 04/20/ MEMORANDUM by The BioSante Investor Group in Opposition to motion to consolidate cases, motion to appoint counsel 21, motion for miscellaneous relief 12 (DiTommaso, Vincent) (Entered: 04/20/2012) 04/20/ MEMORANDUM by The BioSante Investor Group in Opposition to motion to consolidate cases, motion to appoint counsel 21, motion for miscellaneous relief 12 (Heffner, Matthew) (Entered: 04/20/2012) 04/20/ RESPONSE by Thomas Norgiel, Jeffrey Rennellin Opposition to MOTION by Movant Mark DaleFor Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel 12 MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE MOTION OF THOMAS NORGIEL AND JEFFREY RENNELL FOR

9 APPOINTMENT AS LEAD PLAINTIFF AND IN OPPOSITION TO ALL OTHER COMPETING MOTIONS (Attachments: # 1 Declaration, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B)(Salas, Jeffrey) (Entered: 04/20/2012) 04/27/ REPLY by Movant The BioSante Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff and Approve Proposed Lead Plaintiff's Choice oflead Counsel (Heffner, Matthew) (Entered: 04/27/2012) 04/27/ REPLY by Movant The BioSante Investor Group, Reply Brief in Further Support of the Motion of the BioSante Investor Group for Appointment as Lead Plaintiff and Approval of Its Counsel (DiTommaso, Vincent) (Entered: 04/27/2012) 04/27/ REPLY by Movants Thomas Norgiel, Jeffrey Rennell REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE MOTION OF THOMAS NORGIEL AND JEFFREY RENNELL FOR APPOINTMENT AS LEAD PLAINTIFFS (Attachments: # 1 Declaration, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B, # 4 Exhibit Ex. C, # 5 Exhibit Ex. D, # 6 Exhibit Ex. E)(Salas, Jeffrey) (Entered: 04/27/2012) 06/01/ MINUTE entry before Honorable Joan B. Gottschall: Status hearing set for 6/05/2012 is stricken and reset to 7/24/2012 at 09:30 AM. Mailed notice (rj, ) (Entered: 06/01/2012) 06/01/ /06/ /06/ /06/ /06/ /15/ /15/ EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on May 18, 2012, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John Z. Lee, therefore IT IS HEREBY ORDERED That the attached list of 323 cases be reassigned to the Honorable John Z. Lee IT IS FURTHER ORDERED that this order shall become effective on Tuesday, June 5, Case reassigned to the Honorable John Z. Lee for all further proceedings. Signed by Executive Committee on 6/1/2012. Mailed Notice (lcw, ) (Entered: 06/05/2012) 52 NOTICE by Ashley John Burden of Change of Address (Burden, Ashley) (Entered: 06/06/2012) 53 NOTICE by David H. Kistenbroker of Change of Address (Kistenbroker, David) (Entered: 06/06/2012) 54 NOTICE by Carl E. Volz of Change of Address (Volz, Carl) (Entered: 06/06/2012) 55 MINUTE entry before Honorable John Z. Lee: This case having been reassigned to Judge Lee's calendar, the initial reassignment status hearing is set for June 25, 2012 at 1:00 p.m. Lead counsel is directed to appear at this status hearing. Parties shall prepare and file an Initial Reassignment Joint Status Report on or before Friday, June 15, 2012, and provide a courtesy copy to the Courtroom Deputy by 4:00 p.m. on that date. The requirements for an Initial Reassignment Joint Status Report can be found at Judge Lee's website. Plaintiff is to advise all other parties of the courts action herein.mailed notice (slb, ) (Entered: 06/06/2012) 56 STATUS Report (Joint) by BioSante Pharmaceuticals, Inc., Stephen M. Simes (Burden, Ashley) (Entered: 06/15/2012) 57 MOTION by Defendants BioSante Pharmaceuticals, Inc., Stephen M. Simes to I reassign case (Burden, Ashley) (Entered: 06/15/2012)

10 06/15/ NOTICE of Motion by Ashley John Burden for presentment of motion to reassign case 57 before Honorable John Z. Lee on 6/26/2012 at 09:15 AM. (Burden, Ashley) (Entered: 06/15/2012) 06/20/ SUPPLEMENT to motion to reassign case 57 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burden, Ashley) (Entered: 06/20/2012) 06/22/ MINUTE entry before Honorable John Z. Lee: The status hearing set for 6/25/12 at 1:00 p.m. is reset for 8/22/2012 at 09:15 a.m.mailed notice (ca, ) (Entered: 06/22/2012) 06/25/ MINUTE entry before Honorable John Z. Lee: Defendants' motion to reassign case 57 set for hearing on 6/26/12 at 9:15 a.m. is reset for 7/10/2012 at 9:15 a.m. No appearance is required on 6/26/12. Mailed notice (ca, ) (Entered: 06/25/2012) 06/28/ EXECUTIVE COMMITTEE ORDER: It appearing that an Order of the Executive Committee was entered on June 4, 2012 reassigning cases from the judges of this Court to form the initial calendar of the Honorable John Lee, and It further appearing that Judge Lee has recused himself from presiding over 12 CV 772, Lauria v. Biosante Pharmaceuticals, Inc. et al., previously pending before the Hon. Joan B. Gottschall, therefore. Following the procedures approved by the Court for the creation of an initial calendar for a district judge, 12 CV 772, Lauria v. Biosante Pharmaceuticals, Inc. et al., is hereby reassigned to Judge Gottschall who may identify a case requiring like judicial effort for disposition to be reassigned to Judge Lee as a replacement for 12 CV 772. Case reassigned to the Honorable Joan B. Gottschall for all further proceedings. Signed by Executive Committee on 06/28/12. (ef, ) (Entered: 06/28/2012) 06/28/ MINUTE entry before Honorable John Z. Lee: The motion hearing date of 7/10/12 at 9:15 a.m. and status hearing date of 8/22/12 at 9:15 a.m. are stricken. Mailed notice (ca, ) (Entered: 06/28/2012) 06/29/ MINUTE entry before Honorable Joan B. Gottschall: Status hearing set for 7/11/2012 at 09:30 AM. Mailed notice (rj, ) (Entered: 06/29/2012) 06/29/ NOTICE of Motion by David H. Kistenbroker for presentment of motion to reassign case 57 before Honorable Joan B. Gottschall on 7/11/2012 at 09:30 AM. (Kistenbroker, David) (Entered: 06/29/2012) 07/10/ /10/ /10/ /10/ MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number (Porritt, Nicholas) (Entered: 07/10/2012) 67 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number (Gottschlich, Thomas) (Entered: 07/10/2012) 68 Notice of Withdrawl of Motion to be Appointed Lead Plaintiff by The BioSante Investor Group (Heffner, Matthew) (Entered: 07/10/2012) 69 NOTICE by The BioSante Investor Group re other 68 and Certfiicate of Service (Heffner, Matthew) (Entered: 07/10/2012) 07/11/ Biosante Investor Group's (Michael O. Bopst, Guy L. Jacks, II, Patrick Lavoie, Quyng-Ly Pham, and George Pappalion) Amended Notice of Withdrawl of Motion to Be Appointed Lead Plaintiff by The BioSante Investor Group (Heffner, Matthew)

11 (Entered: 07/11/2012) 07/11/ NOTICE by The BioSante Investor Group re other, 70 and Certificate of Service re Biosante Investor Group's (Michael O. Bopst, Guy L. Jacks, II, Patrick Lavoie, Quyng-Ly Pham, and George Pappalion) Amended Notice of Withdral of Motion to be Appointed Lead Plaintiff (Heffner, Matthew) (Entered: 07/11/2012) 07/11/ MINUTE entry before Honorable Joan B. Gottschall: Motion hearing held. Motion by Richard W. Gonnello for leave to appear pro hac vice 27 is granted. Motion by Conrad B. Stephens for leave to appear pro hac vice 42 is granted. Motion by Nicholas Porritt for leave to appear pro hac vice 66 is granted. Motion by Thomas Gottschlich for leave to appear pro hac vice 67 is granted. Unopposed motion for reassignment of related derivative cases under Local Rule is granted. It is hereby ordered that the cases of Weinstein v. Sullivan, et al., 12C3480 and Oliva, v. Sullivan, et al., 12C3986 are reassigned to Judge Gottschall's calendar as related to this action pursuant to Local Rule The court will set a status hearing days after ruling of motion for appointment of lead counsel. Mailed notices (gcy, ) (Entered: 07/16/2012) 07/12/ /18/ /18/ NOTICE by Shaked Investor Group of Party Name Change (DiTommaso, Vincent) (Entered: 07/12/2012) 74 MINUTE entry before Honorable Joan B. Gottschall: The pending motions for appointment of lead plaintiff and counsel 12, 21, 30 are taken under advisement. The court will rule upon considering the Shaked Investor Group's supplemental filing, which is due 8/10/2012. For purposes of clarifying the docket, the motion at ECF No. 15 was superseded by the motion filed at ECF No. 30, and the motion at ECF No. 24 was withdrawn by request of the movant (see ECF No. 68, 79). [For further detail see separate order(s).] Mailed notices (gcy, ) (Entered: 07/19/2012) 75 ORDER. Signed by the Honorable Joan B. Gottschall on 7/18/2012: Mailed notice(rj, ) (Entered: 07/20/2012) 07/23/ MINUTE entry before Honorable Joan B. Gottschall:Status hearing set for 7/24/2012 is stricken and reset to 7/25/2012 at 09:30 AM to coincide with the motion hearings in related cases 12-cv-3986 and 12-cv-3480.Mailed notice (dl, ) (Entered: 07/23/2012) 07/25/ MINUTE entry before Honorable Joan B. Gottschall:Status hearing held on 7/25/2012. Response to the Shaked Investor Group's supplemental filing is due by 8/17/2012; reply due by 8/24/2012.Mailed notice (clw, ) (Entered: 07/26/2012) 08/10/ Supplemental Filing of Shaked Investor Group in Response to Court's July 18, 2012 Order by Shaked Investor Group (DiTommaso, Vincent) (Entered: 08/10/2012) 08/17/ RESPONSE by Movants Thomas Norgiel, Jeffrey Rennell to other 78 (Salas, Jeffrey) (Entered: 08/17/2012) 09/06/ MINUTE entry before Honorable Joan B. Gottschall: On 7/18/2012, the court took the pending motions for appointment of lead plaintiff and counsel under advisement pending further briefing by the Shaked Investor Group. Having received notice that Shaked no longer wishes to act as a lead plaintiff, the court denies the Shaked Investor Groups motion for appointment 30 and Mark Dales motion for appointment 12, and grants the motion of Norgiel and Rennell 21. Norgiel and Rennell shall act as lead

12 plaintiffs, Faruqi & Faruqi, LLP shall act as lead counsel, and Salas Wang LLC shall act as liaison counsel for the class. Status hearing set for 9/25/2012 at 9:30 a.m. Mailed notices (gcy, ) (Entered: 09/07/2012) 09/14/ MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number (Mcconville, Francis) (Entered: 09/14/2012) 09/18/ MOTION by counsel for Plaintiff Thomas Lauria to withdraw as attorney (VonderHeide, Heidi) (Entered: 09/18/2012) 09/18/ NOTICE of Motion by Heidi E. VonderHeide for presentment of motion to withdraw as attorney 82 before Honorable Joan B. Gottschall on 9/26/2012 at 09:30 AM. (VonderHeide, Heidi) (Entered: 09/18/2012) 09/18/ MOTION by counsel for Movant Mark Dale to withdraw as attorney (VonderHeide, Heidi) (Entered: 09/18/2012) 09/18/ NOTICE of Motion by Heidi E. VonderHeide for presentment of motion to withdraw as attorney 84 before Honorable Joan B. Gottschall on 9/26/2012 at 09:30 AM. (VonderHeide, Heidi) (Entered: 09/18/2012) 09/24/ MINUTE entry before Honorable Joan B. Gottschall: Status hearing set for 9/25/2012 at 9:30AM is stricken. Parties' Stipulation and Order to be entered, shortly. Mailed notice (rj, ) (Entered: 09/24/2012) 09/26/ MINUTE entry before Honorable Joan B. Gottschall: Motion o Heidi Vonderheide for leave to withdraw as counsel for movant Mark Dale 84 is granted. Motion o Heidi Vonderheide for leave to withdraw as counsel for movant Thomas Lauria 82 is granted. Attorney Heidi E. VonderHeide terminated.mailed notice (mjc, ) (Entered: 09/27/2012) 10/04/ MINUTE entry before Honorable Joan B. Gottschall: Enter Stipulation and Order. Plaintiffs' consolidated class action complaint due by 11/6/2012. Defendants' motion to dismiss due by 12/21/2012. Plaintiffs' opposition due by 2/4/2013. Defendants' reply in support due by 3/1/2013. Ruling by mail. Mailed notices (gcy, ) (Entered: 10/10/2012) 10/04/ STIPULATION and Order Entered by the Honorable Joan B. Gottschall on 10/4/2012:(gcy, ) (Entered: 10/10/2012) 11/06/ CONSOLIDATED CLASS ACTION COMPLAINT - not to be construed as an amended complaint. AMENDED complaint by Jeffrey Rennell, Thomas Norgiel against All Defendants (Salas, Jeffrey) (Entered: 11/06/2012) 12/17/ MOTION by Defendants BioSante Pharmaceuticals, Inc., Stephen M. Simes for leave to file excess pages (Kistenbroker, David) (Entered: 12/17/2012) 12/17/ NOTICE of Motion by David H. Kistenbroker for presentment of motion for leave to file excess pages 91 before Honorable Joan B. Gottschall on 12/19/2012 at 09:30 AM. (Kistenbroker, David) (Entered: 12/17/2012) 12/19/ MINUTE entry before Honorable Joan B. Gottschall: Agreed motion by Defendants BioSante Pharmaceuticals, Inc. and Stephen M. Simes for leave to file Defendants' memorandum in support of its motion to dismiss and Plaintiffs' opposition to

13 Defendants' motion to dismiss in excess of 25 pages 91 is granted. Mailed notice (rj, ) (Entered: 12/20/2012) 12/28/ MOTION by Defendants Stephen M. Simes, BioSante Pharmaceuticals, Inc. to dismiss (Kistenbroker, David) (Entered: 12/28/2012) 12/28/ MEMORANDUM by BioSante Pharmaceuticals, Inc., Stephen M. Simes in support of motion to dismiss 94 (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)(Kistenbroker, David) (Entered: 12/28/2012) 01/10/ MINUTE entry before Honorable Joan B. Gottschall: Enter Stipulation and Order extending filing date of motion to disiss is 12/28/2012. [For further detail see separate order(s).] Mailed notices (gcy, ) (Entered: 01/14/2013) 01/10/ STIPULATION and Order Entered by the Honorable Joan B. Gottschall on 1/10/2013:(gcy, ) (Entered: 01/14/2013) 01/22/ NOTICE by Ashley John Burden of Change of Address (Burden, Ashley) (Entered: 01/22/2013) 02/08/ MINUTE entry before Honorable Joan B. Gottschall: Enter Stipulation and order. Plaintiffs' opposition to Defendants' motion to dismiss the consolidated class action complaint shall be due 2/18/2013. [For further detail see separate order(s). Mailed notices (gcy, ) (Entered: 02/12/2013) 02/08/ STIPULATION and ORDER Entered by the Honorable Joan B. Gottschall on 2/8/2013:(gcy, ) (Entered: 02/12/2013) 02/18/ MEMORANDUM by Thomas Norgiel, Jeffrey Rennell in Opposition to motion to dismiss 94 LEAD PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE CONSOLIDATED SECURITIES CLASS ACTION COMPLAINT (Salas, Jeffrey) (Entered: 02/18/2013) 02/19/ NOTICE by David H. Kistenbroker of Change of Address (Kistenbroker, David) (Entered: 02/19/2013) 02/19/ NOTICE by Carl E. Volz of Change of Address (Volz, Carl) (Entered: 02/19/2013) 03/11/ /11/ MINUTE entry before Honorable Joan B. Gottschall: Enter Stipulation and Order. Defendants' reply in support of their motion to dismiss the consolidated class action complaint shall be due 3/15/2013. [For further detail see separate order(s).] Mailed notices (gcy, ) (Entered: 03/13/2013) 105 STIPULATION and Order Entered by the Honorable Joan B. Gottschall on 3/11/2013:(gcy, ) (Entered: 03/13/2013) 03/15/ REPLY by BioSante Pharmaceuticals, Inc., Stephen M. Simes to MOTION by Defendants Stephen M. Simes, BioSante Pharmaceuticals, Inc. to dismiss 94 (Kistenbroker, David) (Entered: 03/15/2013) 03/18/ CERTIFICATE of Service by Defendants BioSante Pharmaceuticals, Inc., Stephen M. Simes regarding reply to response to motion 106 (Burden, Ashley) (Entered: 03/18/2013)

14 04/01/ MINUTE entry before Honorable Joan B. Gottschall: Motion by Francis McConville for leave to appear pro hac vice 81 is granted. Mailed notices (gcy, ) (Entered: 04/01/2013) 09/11/ MINUTE entry before Honorable Joan B. Gottschall: Enter memorandum opinion and order. The defendants' motion to dismiss the consolidated class action complaint [Dkt. 94 ] is granted. The plaintiffs may file an amended complaint within 28 days of the date of this order. [For Further Details See Separate Order.] Mailed notice (meg, ) (Entered: 09/11/2013) 09/11/ MEMORANDUM Opinion and Order. Signed by the Honorable Joan B. Gottschall on 9/11/2013. Mailed notice(meg, ) (Entered: 09/11/2013) 10/23/ MINUTE entry before Honorable Joan B. Gottschall: The court's September 11, 2013, Order 110 granted the defendants' motion to dismiss the consolidated class action complaint. Plaintiffs were permitted to file an amended complaint within 28 days of the Order. Plaintiffs have not filed an amended complaint. Mail AO 450. Civil case terminated. Mailed notice (rj, ) (Entered: 10/23/2013) 10/23/ ENTERED JUDGMENT. Signed by the Honorable Joan B. Gottschall on 10/23/2013: Mailed notice(rj, ) (Entered: 10/23/2013) 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