U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond) CIVIL DOCKET FOR CASE #: 2:13-cv JD-JEM

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1 US District Court Civil Docket as of December 9, 2013 Retrieved from the court on March 16, 2015 U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond) CIVIL DOCKET FOR CASE #: 2:13-cv JD-JEM Orlando v. CFS Bancorp Inc et al Assigned to: Judge Jon E DeGuilio Referred to: Magistrate Judge John E Martin Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 07/30/2013 Date Terminated: 12/09/2013 Jury Demand: None Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Jay Orlando individually and on behalf of all others similarly situated represented by Shane T Rowley PHV Levi & Korinsky LLP 30 Broad St 24th Floor New York, NY Fax: srowley@zlk.com Gregory J Tonner Moore & Portelli 1449 E 84th Place Merrillville, IN Fax: gtonner@mooreandportelli.com TERMINATED: 12/04/2013 V. CFS Bancorp Inc Vedder Price PC 222 North LaSalle St Suite 2600 Chicago, IL Fax: jstrubbe@vedderprice.com

2 Newby Lewis Kaminski Jones LLP 916 Lincolnway LaPorte, IN Ext 12 Fax: Vedder Price PC 222 North LaSalle St Suite 2600 Chicago, IL Fax: Gregory W Blaine Gene Diamond

3 John W Palmer Robert R Ross Joyce M Simon

4 Daryl D Pomranke First Merchants Corporation represented by David O Tittle Bingham Greenebaum Doll LLP - Ind/IN 2700 Market Tower 10 W Market Street Indianapolis, IN Fax: dtittle@binghammchale.com Gregory A Neibarger Bingham Greenebaum Doll LLP - Ind/IN 2700 Market Tower 10 W Market Street Indianapolis, IN Fax: gneibarger@bgdlegal.com

5 TERMINATED: 09/27/2013 Date Filed # Docket Text 07/30/ CLASS ACTION COMPLAINT against Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon (Filing fee $ ; Receipt # ), filed by Jay Orlando. (Attachments: # 1 Civil Cover Sheet)(rmn) (Entered: 07/30/2013) 07/30/ NOTICE of Appearance by Gregory J Tonner on behalf of Jay Orlando (rmn) (Entered: 07/30/2013) 07/30/ Summons Issued as to Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. NOTE: The attached document should not be used to effect service of process. Only copies that bear the seal of the court should be used for service of process. (rmn) (Entered: 07/30/2013) 07/31/2013 Judge Jon E DeGuilio added. Senior Judge James T Moody no longer assigned to case. (kwk) (Entered: 07/31/2013) 08/12/ NOTICE OF POTENTIAL CONFLICT. Signed by Judge Jon E DeGuilio on 8/12/13. (kjp) (Entered: 08/13/2013) 08/26/ WAIVER OF SERVICE Returned Executed by Jay Orlando. First Merchants Corporation waiver sent on 8/2/2013, answer due 10/1/2013. (Tonner, Gregory) (Entered: 08/26/2013) 08/28/ NOTICE of Appearance by on behalf of All s (Phillips, Mark) (Entered: 08/28/2013) 08/29/ WAIVER OF SERVICE Returned Executed by Jay Orlando. Gregory W Blaine waiver sent on 8/1/2013, answer due 9/30/2013; CFS Bancorp Inc waiver sent on 8/1/2013, answer due 9/30/2013; Gene Diamond waiver sent on 8/1/2013, answer due 9/30/2013; John W Palmer waiver sent on 8/1/2013, answer due 9/30/2013; Daryl D Pomranke waiver sent on 8/1/2013, answer due 9/30/2013; Robert R Ross waiver sent on 8/1/2013, answer due 9/30/2013; Joyce M Simon waiver sent on 8/1/2013, answer due 9/30/2013. (Tonner, Gregory) (Entered: 08/29/2013) 09/06/ MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u-4(b) by s Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Phillips, Mark) (Entered: 09/06/2013) 09/06/ MEMORANDUM in Support of 8 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u-4(b) filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Phillips, Mark) (Entered: 09/06/2013) 09/06/ APPENDIX to 9 Memorandum in Support, OF DEFENDANTS' MOTION TO DISMISS by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation,

6 John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5-1, # 6 Exhibit Exhibit 5-2, # 7 Exhibit Exhibit 6)(Phillips, Mark) (Entered: 09/06/2013) 09/11/ MOTION to Supplement 10 Appendix, 8 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u- 4(b), 9 Memorandum in Support, by s Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross. (Attachments: # 1 Exhibit Exhibit 1)(Phillips, Mark) (Entered: 09/11/2013) 09/11/ APPLICATION for Attorney Joseph A Strubbe to Appear Pro Hac Vice on behalf of CFS Bancorp Inc, Blaine, Diamond, Palmer, Ross, Simon, Pomranke ; Receipt # (rmn) (Entered: 09/11/2013) 09/11/ APPLICATION for Attorney Nicole Joy Highland to Appear Pro Hac Vice on behalf of CFS Bancorp Inc, Blaine, Diamond, Palmer, Ross, Simon, Pomranke ; Receipt # (rmn) (Entered: 09/11/2013) 09/11/ ORDER granting 12 Application to Appear Pro Hac Vice of Attorney Joseph A Strubbe PHV for Gregory W Blaine,Joseph A Strubbe PHV for CFS Bancorp Inc,Joseph A Strubbe PHV for Gene Diamond,Joseph A Strubbe PHV for John W Palmer,Joseph A Strubbe PHV for Daryl D Pomranke,Joseph A Strubbe PHV for Robert R Ross,Joseph A Strubbe PHV for Joyce M Simon. Signed by Magistrate Judge John E Martin on 9/11/2013. (rmn) (Entered: 09/12/2013) 09/11/ ORDER granting 13 Application to Appear Pro Hac Vice of Attorney Nicole Joy Highland PHV for Gregory W Blaine, for CFS Bancorp Inc, for Gene Diamond, for Jay Orlando, for John W Palmer, for Daryl D Pomranke, for Robert R Ross. Signed by Magistrate Judge John E Martin on 9/11/2013. (rmn) (Entered: 09/12/2013) 09/12/ NOTICE of Appearance by Gregory A Neibarger on behalf of First Merchants Corporation (Neibarger, Gregory) (Entered: 09/12/2013) 09/12/ Corporate Disclosure Statement by First Merchants Corporation. (Neibarger, Gregory) (Entered: 09/12/2013) 09/12/ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by First Merchants Corporation. (Neibarger, Gregory) (Entered: 09/12/2013) 09/12/ BRIEF in Support of 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by First Merchants Corporation. (Attachments: # 1 Exhibit A - Kugelman Order of Dismissal)(Neibarger, Gregory) (Entered: 09/12/2013) 09/12/ NOTICE of Appearance by David O Tittle on behalf of First Merchants Corporation (Tittle, David) (Entered: 09/12/2013) 09/17/ Corporate Disclosure Statement by CFS Bancorp Inc. (Phillips, Mark) (Entered: 09/17/2013) 09/20/ AMENDED COMPLAINT against All s, filed by Jay Orlando. (Attachments: # 1 Exhibit Certification of Named Plaintiff Pursuant to Federal Securities Laws)(Tonner, Gregory) (Entered: 09/20/2013)

7 09/20/ RESPONSE to Motion re 8 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u-4(b) filed by Jay Orlando. (Tonner, Gregory) (Entered: 09/20/2013) 09/25/ MOTION to Withdraw as Attorney FOR DEFENDANT FIRST MERCHANTS CORPORATION ONLY by First Merchants Corporation. (Phillips, Mark) (Entered: 09/25/2013) 09/26/ RESPONSE to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jay Orlando. (Tonner, Gregory) (Entered: 09/26/2013) 09/27/ ORDER granting 24 Motion to Withdraw as Attorney. Attorney terminated as to defendant First Merchants Corporation ONLY. Approved by Magistrate Judge John E Martin on 9/27/13. No pdf attached. (plm) (Entered: 09/27/2013) 09/27/ MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT by s Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross. (Phillips, Mark) (Entered: 09/27/2013) 09/27/ MEMORANDUM in Support of 27 MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross. (Phillips, Mark) (Entered: 09/27/2013) 09/27/ APPENDIX to 28 Memorandum in Support OF MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Phillips, Mark) (Entered: 09/27/2013) 09/30/ REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by First Merchants Corporation. (Attachments: # 1 Exhibit A - Redline of changes from original Complaint to Amended Complaint)(Neibarger, Gregory) (Entered: 09/30/2013) 10/01/ MOTION to Amend/Correct FMC's Reply to Plaintiff's Opposition to FMC's Motion to Dismiss (Dkt. 30) by First Merchants Corporation. (Attachments: # 1 Exhibit 1 - Corrected Reply to Plaintiff's Opposition to FMC's Motion to Dismiss, # 2 Exhibit A - Redline version Complaint to Amended Complaint)(Tittle, David) (Entered: 10/01/2013) 10/01/ ORDER: DENYING AS MOOT the motions pending relating to the original complaint re 8, 11, 18, and 31. The Court will rule separately on any motions to dismiss the amended complaint once ripe. Signed by Judge Jon E DeGuilio on 10/1/2013. (rmn) (Entered: 10/01/2013) 10/02/ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by First Merchants Corporation. (Neibarger, Gregory) (Entered: 10/02/2013) 10/02/ BRIEF in Support of 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by First Merchants Corporation. (Neibarger, Gregory) (Entered: 10/02/2013) 10/07/ MOTION for Preliminary Injunction by Plaintiff Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013) 10/07/ MEMORANDUM in Support of 35 MOTION for Preliminary Injunction filed by Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013)

8 10/07/ AFFIDAVIT in Support re 35 MOTION for Preliminary Injunction and Expedited Discovery filed by Jay Orlando. (Attachments: # 1 Exhibit Joint Proxy Statement of CFS Bancorp, Inc. and First Merchants Corp.)(Tonner, Gregory) (Entered: 10/07/2013) 10/07/ MOTION to Expedite Discovery and to Set Schedule for Plaintiff's Motion for Preliminary Injunction by Plaintiff Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013) 10/07/ MEMORANDUM in Support of 38 MOTION to Expedite Discovery and to Set Schedule for Plaintiff's Motion for Preliminary Injunction filed by Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013) 10/09/ RESPONSE to Motion re 38 MOTION to Expedite Discovery and to Set Schedule for Plaintiff's Motion for Preliminary Injunction filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Attachments: # 1 Exhibit 1 (Affd of Joseph Strubbe), # 2 Exhibit 2 (Kugelman v. PVF Cap Corp - Ord Deny Emergency Mot to Short Time ))(Neibarger, Gregory) (Entered: 10/09/2013) 10/10/ APPLICATION for Attorney Shane T. Rowley to Appear Pro Hac Vice on behalf of Jay I Orlando; Receipt #INN (lhc) (Entered: 10/10/2013) 10/10/ ORDER denying 38 plaintiffs motion for expedited discovery; however, it will order expedited briefing on the pending motion for preliminary injunction 35. s have until NOON on Tuesday, 10/15/2013 to file a response in opposition to the motion for a preliminary injunction and plaintiff has until NOON on Thursday, 10/17/2013 to file any reply. After the briefing is complete, the Court will determine whether any hearing is necessary. Signed by Judge Jon E DeGuilio on 10/10/13. (saj) (Entered: 10/10/2013) 10/11/ ORDER granting 41 Application to Appear Pro Hac Vice of Attorney Shane T Rowley PHV for Jay Orlando. Signed by Magistrate Judge John E Martin on 10/11/2013. (rmn) (Entered: 10/11/2013) 10/11/ RESPONSE to Motion re 27 MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT filed by Jay Orlando. (Rowley PHV, Shane) (Entered: 10/11/2013) 10/15/ NOTICE by Jay Orlando of Dismissal of First Merchants Corporation (Tonner, Gregory) (Entered: 10/15/2013) 10/15/ RESPONSE to Motion re 35 MOTION for Preliminary Injunction filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross. (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of Joseph Strubbe)(Phillips, Mark) (Entered: 10/15/2013) 10/17/ REPLY to Response to Motion re 35 MOTION for Preliminary Injunction Memorandum of Law in Further Support filed by Jay Orlando. (Rowley PHV, Shane) (Entered: 10/17/2013) 10/17/ AFFIDAVIT re 48 Reply to Response to Motion Declaration of Shane Rowley In Further Support of Motion for Preliminary Injunction by Jay Orlando. (Rowley PHV, Shane) (Entered: 10/17/2013) 10/18/ REPLY to Response to Motion re 27 MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross and Joyce M Simon. (Phillips, Mark) Modified on 10/18/2013 to add additional filers Robert R Ross & Joyce M Simon (jld).

9 (Entered: 10/18/2013) 10/28/ OPINION AND ORDER denying 35 Motion for Preliminary Injunction. Signed by Judge Jon E DeGuilio on 10/28/2013. (saj) Modified title on 10/28/2013 (kds). (Entered: 10/28/2013) 12/03/ MOTION to Withdraw as Attorney by Plaintiff Jay Orlando. (Tonner, Gregory) (Entered: 12/03/2013) 12/04/ MINUTE ORDER granting 52 Motion to Withdraw as Attorney. Attorney Gregory J Tonner terminated. Approved by Magistrate Judge John E Martin on 12/4/13. Text entry only. (plm) (Entered: 12/04/2013) 12/06/ MOTION to Dismiss by Plaintiff Jay Orlando. (Rowley PHV, Shane) (Entered: 12/06/2013) 12/09/ CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure per 54 Motion to Dismiss. (saj) (Entered: 12/09/2013) 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