U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:17-cv ES-MAH

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1 US District Court Civil Docket as of May 3, 2018 Retrieved from the court on May 3, 2018 U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:17-cv ES-MAH Roper v. Sito Mobile Ltd. et al Assigned to: Judge Esther Salas Referred to: Magistrate Judge Michael A. Hammer Cause: 12:22 Securities Fraud Date Filed: 02/17/2017 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Sandi Roper Individually and on Behalf of All Others Similarly Situated Plaintiff Red Oak Funds represented by EDUARD KORSINSKY LEVI & KORSINSKY LLP 235 Main Street Hackensack, NJ represented by EDUARD KORSINSKY (See above for address) V. Sito Mobile Ltd. represented by GIDON MENAHEM CAINE ALSTON & BIRD LLP 1950 UNIVERSITY AVE SUITE 500 EAST PALO ALTO, CA JENNY R. KRAMER ALSTON & BIRD LLP 90 PARK AVENUE NEW YORK, NY

2 Fax: CRAIG CARPENITO (do not use) ALSTON & BIRD LLP 90 PARK AVENUE NEW YORK, NY TERMINATED: 01/05/2018 Jerry Hug represented by AIDAN P. O'CONNOR Pashman Stein Walder Hayden Court Plaza South 21 Main Street, Suite 200 Hackensack, NJ Fax: JAE YOON JOHN KIM PASHMAN STEIN WALDER HAYDEN PC 21 MAIN STREET SUITE 200 HACKENSACK, NJ Kurt Streams represented by JAY R. MCDANIEL WEINER LAW GROUP LLP 629 PARSIPPANY ROAD PARSIPPANY, NJ Fax: Betsy J. Bernard

3 Jonathan E. Sandelman Peter D. Holden Joseph A. Beatty Richard O'Connell, Jr. Brent Rosenthal Date Filed # Docket Text 02/17/ COMPLAINT against Jerry Hug, Sito Mobile Ltd., Kurt Streams ( Filing and Admin fee $ 400 receipt number ) with JURY DEMAND, filed by Sandi Roper.(KORSINSKY, EDUARD) (Entered: 02/17/2017) 02/17/ Exhibit to 1 Complaint by Sandi Roper. (Attachments: # 1 Certification)(KORSINSKY, EDUARD) (Entered: 02/17/2017) 02/17/ Request for Summons to be Issued by Sandi Roper as to Jerry Hug, Sito Mobile Ltd., Kurt Streams. (Attachments: # 1 Summons, # 2 Summons)(KORSINSKY, EDUARD) (Entered: 02/17/2017) 02/21/2017 Judge Esther Salas and Magistrate Judge Michael A. Hammer added. (eu, ) (Entered: 02/21/2017) 02/24/ SUMMONS ISSUED as to Jerry Hug, Sito Mobile Ltd., Kurt Streams Attached is the official court Summons, please fill out and Plaintiffs attorney information and serve. Issued By *GEORGE LANE IV* (gl) (Entered: 02/24/2017) 03/21/ NOTICE of Appearance by GIDON MENAHEM CAINE on behalf of Sito Mobile Ltd. (CAINE, GIDON) (Entered: 03/21/2017) 03/21/ NOTICE of Appearance by CRAIG CARPENITO on behalf of Sito Mobile Ltd. (CARPENITO, CRAIG) (Entered: 03/21/2017) 03/31/ NOTICE of Appearance by JAE YOON JOHN KIM on behalf of Jerry Hug (KIM, JAE YOON) (Entered: 03/31/2017) 03/31/ NOTICE of Appearance by JAE YOON JOHN KIM on behalf of Jerry Hug (KIM, JAE YOON) (Entered: 03/31/2017) 04/03/ NOTICE of Appearance by JAY R. MCDANIEL on behalf of Kurt Streams (MCDANIEL, JAY) (Entered: 04/03/2017) 04/04/ NOTICE of Appearance by AIDAN P. O'CONNOR on behalf of Jerry Hug (O'CONNOR, AIDAN) (Entered: 04/04/2017)

4 04/18/ MOTION to Appoint Lead Plaintiff by Red Oak Funds. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibit Certification, # 4 Exhibit Loss Chart, # 5 Exhibit Notice, # 6 Exhibit Resume, # 7 Text of Proposed Order)(KORSINSKY, EDUARD) (Entered: 04/18/2017) 04/18/ MOTION for Leave to Appear Pro Hac Vice for Adam M. Apton, Esq., by Red Oak Funds. (KORSINSKY, EDUARD) (Entered: 04/18/2017) 04/19/2017 Set/Reset Deadlines as to 11 MOTION to Appoint Lead Plaintiff, 12 MOTION for Leave to Appear Pro Hac Vice for Adam M. Apton, Esq.,. Motion set for 5/15/2017 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, ) (Entered: 04/19/2017) 04/25/ STIPULATION AND PROPOSED ORDER WAIVING SERVICE AND SETTING SCHEDULE FOR FILING OF AMENDED COMPLAINT AND BRIEFING OF MOTION TO DISMISS by Red Oak Funds, Sandi Roper. (KORSINSKY, EDUARD) (Entered: 04/25/2017) 04/27/ STIPULATION AND ORDER that Alston & Bird, as counsel for SITO Mobile, Ltd., Pashman Stein Walder Hayden, as counsel for Jerry Hug, and Weiner Law Group, as counsel for Kurt Streams, are authorized to and hereby accept service of the Complaint on behalf of each respective without prejudice and without waiver of any of s defenses, objections, or arguments in this matter or any other matters except as to sufficiency of service of process. Within forty five (45) days of an order appointing lead plaintiff and leadcounsel, lead plaintiff shall file an amended complaint, or notify s inwriting that Lead Plaintiff intends to rely on the original Complaint filed on February 17, s shall not be required to answer or otherwise respond in this matter until forty five (45) days after lead plaintiff has filed an amended complaint; etc. Signed by Judge Esther Salas on 4/26/17. (DD, ) (Entered: 04/27/2017) 05/02/ RESPONSE in Support filed by Red Oak Funds re 11 MOTION to Appoint Lead Plaintiff (KORSINSKY, EDUARD) (Entered: 05/02/2017) 05/03/ ORDER granting 12 Motion for Leave to Appear Pro Hac Vice as to ADAM M. APTON, ESQ. Signed by Magistrate Judge Michael A. Hammer on 5/3/17. (DD, ) (Entered: 05/03/2017) 05/08/ ORDER granting 11 Motion to Appoint RED OAK FUNDS as Lead Plaintiff and approval of selection of counsel. Signed by Judge Esther Salas on 5/5/17. (DD, ) (Entered: 05/08/2017) 06/22/ AMENDED COMPLAINT against Jerry Hug, Sito Mobile Ltd., Kurt Streams, Betsy J. Bernard, Jonathan E. Sandelman, Peter D. Holden, Joseph A. Beatty, Richard O'Connell, Jr., Brent Rosenthal, filed by Red Oak Funds.(KORSINSKY, EDUARD) (Entered: 06/22/2017) 06/22/ Request for Summons to be Issued by Red Oak Funds as to Joseph A. Beatty, Betsy J. Bernard, Peter D. Holden, Richard O'Connell, Jr., Brent Rosenthal, Jonathan E. Sandelman. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(KORSINSKY, EDUARD) (Entered: 06/22/2017)

5 06/24/ Notice of Request by Pro Hac Vice Adam M. Apton to receive Notices of Electronic Filings. (KORSINSKY, EDUARD) (Entered: 06/24/2017) 06/26/ SUMMONS ON AMENDED CMP. ISSUED as to Joseph A. Beatty, Betsy J. Bernard, Peter D. Holden, Richard O'Connell, Jr., Brent Rosenthal, Jonathan E. Sandelman Attached is the official court Summons, please fill out and Plaintiffs attorney information and serve. Issued By *DONNA DE ANGELIS* (DD, ) (Entered: 06/26/2017) 06/28/2017 CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Electronic Notification of Pro Hac Vice Counsel submitted by EDUARD KORSINSKY on (6/24/17) cannot be processed until pro hac counsel's application fee is paid. Please review the Electronic Notification for Pro Hac Vice instructions on our website. Counsel is advised to resubmit the Request for Electronic Notification of Pro Hac Vice Counsel once payment has been recorded. This message is for informational purposes only. (DD, ) (Entered: 06/28/2017) 06/29/2017 Pro Hac Vice fee of $150 received as to Adam M. Apton, Esq, receipt number TRE (mps) (Entered: 06/29/2017) 07/21/ STIPULATION and Proposed Order Waiving Service for Additional s and Amending Briefing Schedule by Joseph A. Beatty, Betsy J. Bernard, Peter D. Holden, Richard O'Connell, Jr., Brent Rosenthal, Jonathan E. Sandelman, Sito Mobile Ltd.. (CAINE, GIDON) (Entered: 07/21/2017) 07/25/ STIPULATION AND ORDER waiving service for additional defts. and amending briefing schedule for motion to dismiss. Signed by Judge Esther Salas on 7/25/17. (DD, ) (Entered: 07/25/2017) 07/27/ Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (KORSINSKY, EDUARD) (Entered: 07/27/2017) 07/27/2017 Pro Hac Vice counsel, ADAM M. APTON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R , only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (DD, ) (Entered: 07/27/2017) 08/25/ STIPULATION and Proposed Order Extending Time to Respond to Amended Complaint by Four Days by Joseph A. Beatty, Betsy J. Bernard, Peter D. Holden, Richard O'Connell, Jr., Brent Rosenthal, Jonathan E. Sandelman, Sito Mobile Ltd.. (CAINE, GIDON) (Entered: 08/25/2017) 08/28/ STIPULATION AND ORDER amending briefing schedule for motion to dismiss - s shall answer or otherwise respond in this matter by September 1st, In the event that any or all s move to dismiss the Amended Complaint, Plaintiffs shall have forty-five (45) days from the date the last moving (s) file such motion(s) to file the response brief(s). Any moving s shall have thirty (30) days from the date the Plaintiffs file their response Any moving s shall have thirty (30) days from the date the Plaintiffs file their response. Signed by Magistrate Judge Michael A. Hammer on 8/28/17. (DD, ) (Entered: 08/29/2017)

6 09/01/ Corporate Disclosure Statement by Sito Mobile Ltd.. (CAINE, GIDON) (Entered: 09/01/2017) 09/01/ MOTION to Dismiss by Sito Mobile Ltd.. Responses due by 10/16/2017 (Attachments: # 1 Brief, # 2 Declaration of Philip Miller, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Text of Proposed Order Proposed Order)(CAINE, GIDON) (Entered: 09/01/2017) 09/01/ MOTION to Dismiss by Kurt Streams. Responses due by 10/16/2017 (Attachments: # 1 Brief, # 2 Text of Proposed Order)(MCDANIEL, JAY) (Entered: 09/01/2017) 09/05/2017 Set/Reset Deadlines as to 28 MOTION to Dismiss, 29 MOTION to Dismiss. Motion set for 12/4/2017 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, ) (Entered: 09/05/2017) 09/07/ Letter from Hug Joining Streams' Motion to Dismiss re 29 MOTION to Dismiss. (KIM, JAE YOON) NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 09/07/2017) 10/16/ BRIEF in Opposition filed by Red Oak Funds re 28 MOTION to Dismiss, 29 MOTION to Dismiss, 30 Joinder re MOTION to Dismiss (Attachments: # 1 Declaration, # 2 Exhibit Quarterly Report (Form 10-Q))(KORSINSKY, EDUARD) (Entered: 10/16/2017) 10/16/ LETTER ORDER: Scheduling Conference set for 11/17/2017 at 11:00 a.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer. So Ordered by Magistrate Judge Michael A. Hammer on 10/16/2017. (jqb, ) (Entered: 10/16/2017) 10/17/2017 Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (ps, ) (Entered: 10/17/2017) 10/18/ Letter from Gidon M. Caine re 32 Order, Set Hearings, Set/Clear Flags. (CAINE, GIDON) (Entered: 10/18/2017) 10/31/ ORDER granting Deft's re 33 Letter Request that this Court postpone the proposed November 17, 2017 scheduling conference until the motions to dismiss are resolved. Signed by Magistrate Judge Michael A. Hammer on 10/31/17. (DD, ) (Entered: 10/31/2017) 11/15/ REPLY BRIEF to Opposition to Motion filed by Joseph A. Beatty, Betsy J. Bernard, Peter D. Holden, Jerry Hug, Richard O'Connell, Jr., Brent Rosenthal, Jonathan E. Sandelman, Sito Mobile Ltd. re 28 MOTION to Dismiss Amended Complaint (CAINE, GIDON) (Entered: 11/15/2017)

7 11/15/ REPLY BRIEF to Opposition to Motion filed by Kurt Streams re 29 MOTION to Dismiss (MCDANIEL, JAY) (Entered: 11/15/2017) 11/15/ TEXT ORDER: The Initial Scheduling Conference on November 17th shall proceed at 3:00 p.m. rather than 11:00 a.m. So Ordered by Magistrate Judge Michael A. Hammer on 11/15/2017. (MAH) (Entered: 11/15/2017) 11/16/ TEXT ORDER: The scheduling conference set for 11/17/2017 is adjourned until the motions to dismiss are resolved. So Ordered by Magistrate Judge Michael A. Hammer on 11/16/2017. (jqb, ) (Entered: 11/16/2017) 01/04/ NOTICE by Sito Mobile Ltd. of Withdrawal of Counsel (CARPENITO, CRAIG) (Entered: 01/04/2018) 01/17/ NOTICE by Red Oak Funds re 31 Brief in Opposition to Motion, of Supplemental Authority in Further Opposition to Motions to Dismiss (Attachments: # 1 Exhibit Curran v. Freshpet, Inc., et al.)(korsinsky, EDUARD) (Entered: 01/17/2018) 03/06/ RESPONSE re 40 Notice (Other). (Attachments: # 1 Exhibit A-C)(CAINE, GIDON) (Entered: 03/06/2018) 03/09/ MOTION to Strike 41 Response (NOT Motion) ( Responses due by 3/19/2018), MOTION for Leave to File by Red Oak Funds. (Attachments: # 1 Text of Proposed Order, # 2 Brief in Support of Motion, # 3 Brief [Proposed])(KORSINSKY, EDUARD) (Entered: 03/09/2018) 03/09/2018 Set/Reset Deadlines as to 42 MOTION to Strike 41 Response (NOT Motion) MOTION for Leave to File. Motion set for 4/2/2018 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sr, ) (Entered: 03/09/2018) 03/14/ RESPONSE in Opposition filed by Sito Mobile Ltd. re 42 MOTION to Strike 41 Response (NOT Motion) MOTION for Leave to File (Attachments: # 1 Text of Proposed Order)(CAINE, GIDON) (Entered: 03/14/2018) 05/03/ NOTICE of Appearance by JENNY R. KRAMER on behalf of Sito Mobile Ltd. (KRAMER, JENNY) (Entered: 05/03/2018) 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