U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:10-cv ADS-WDW

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1 US District Court Civil Docket as of March 25, 2013 Retrieved from the court on March 27, 2013 U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:10-cv ADS-WDW In re Gentiva Securities Litigation Assigned to: Judge Arthur D. Spatt Referred to: Magistrate Judge William D. Wall Cause: 28:1331 Fed. Question Movant Indiana Laborers Pension Fund Date Filed: 11/02/2010 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by David A. Rosenfeld Robbins Geller Rudman & Dowd, LLP 58 South Service Road Suite 200 Melville, NY Fax: Samuel H. Rudman Robbins Geller Rudman & Dowd, LLP 58 South Service Road Suite 200 Melville, NY Fax: Movant Arkansas Teacher Retirement System Movant Metropolitan Water Reclamation District Retirement Fund represented by Gerald Harlan Silk Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas New York, NY (212) Fax: (212)

2 Plaintiff Steve Endress on behalf of himself and all others similarly situated TERMINATED: 11/02/2011 represented by Jeffrey P. Campisi Kaplan Fox & Kilsheimer LLP 850 Third Avenue 14th Floor New York, NY Fax: Joel B. Strauss Kaplan, Fox & Kilsheimer, LLP 805 Third Avenue 22nd Floor New York, NY (212) Fax: Plaintiff Cement Masons & Plasterers Joint Pension Trust Plaintiff International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware Plaintiff Arkansas Teacher Retirement System represented by Samuel H. Rudman represented by James J. Sabella Grant & Eisenhofer PA 485 Lexington Avenue New York, NY Fax: represented by Christopher Joseph Keller Labaton Sucharow & Rudoff LLP 100 Park Avenue 12th Flr. New York, NY Fax:

3 Gerald Harlan Silk Plaintiff Douglas Dahlgard Plaintiff Los Angeles Employees' Retirement System Lead Plaintiff represented by Douglas Dahlgard PRO SE represented by Frederic S. Fox Kaplan Fox & Kilsheimer LLP 850 Third Avenue, 14th Floor New York, NY Fax: V. Intervenor Plaintiff Minneapolis Police Relief Association represented by Joel B. Strauss V. Defendant Gentiva Health Services, Inc. represented by John A. Neuwirth Wil, Gotshal & Manges 767 Fifth Avenue New York, NY Fax: Joshua Sanders Amsel Weil, Gotshal & Manges, LLP 767 Fifth Ave. New York, NY Fax:

4 Defendant Ronald A. Malone represented by John A. Neuwirth Joshua Sanders Amsel Defendant Anthony H. Strange represented by John A. Neuwirth Joshua Sanders Amsel Defendant John R. Potapchuk represented by John A. Neuwirth Joshua Sanders Amsel Defendant Metropolitan Water Reclamation District Retirement Fund V. Consol Defendant Erik R. Slusser represented by John A. Neuwirth Joshua Sanders Amsel

5 Date Filed I # Docket Text 11/02/ COMPLAINT against Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange Disclosure Statement on Civil Cover Sheet completed - No,, filed by Steve Endress. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 11/04/2010) 11/02/2010 Summons Issued as to Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange. (McMahon, Carol) (Entered: 11/04/2010) 11/02/2010 FILING FEE: $ , receipt number (McMahon, Carol) (Entered: 11/04/2010) 11/04/2010 Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 11/04/2010) 11/23/ MOTION for Extension of Time to File Answer re 1 Complaint by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange. (Neuwirth, John) (Entered: 11/23/2010) 11/24/ ORDER Re: 2 Motion for Extension of Time to Answer - The time for defendants Gentiva Health Services, Inc., Ronald A. Malone, Anthony H. Strange and John R. Potapchuck to answer, move, or otherwise respond to the complaint in this action is extended through and including the later of sixty (60) days after (i) the appoinment of a lead plaintiff and lead plaintiff's counsel or (ii) the filing of a consolidated amended complaint in this action. Signed by Senior Judge Arthur D. Spatt on 11/24/10. C/F. (Coleman, Laurie) (Entered: 11/30/2010) 01/21/ Notice of MOTION to Intervene by Minneapolis Police Relief Association. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Joel B. Strauss) (Strauss, Joel) (Entered: 01/21/2011) 02/07/ RESPONSE to Motion re 4 Notice of MOTION to Intervene filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange. (Neuwirth, John) (Entered: 02/07/2011) 02/17/ REPLY to Response to Motion re 4 Notice of MOTION to Intervene filed by Minneapolis Police Relief Association. (Strauss, Joel) (Entered: 02/17/2011) 03/07/ MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Richard A. Lockridge Filing fee $ 25, receipt number by Minneapolis Police Relief Association. (Attachments: # 1 Affidavit of Joel B. Strauss, # 2 Proposed Order, # 3 Certificate of Service) (Strauss, Joel) (Entered: 03/07/2011) 03/07/ MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Karen H. Riebel Filing fee $ 25, receipt number by Minneapolis Police Relief Association. (Attachments: # 1 Affidavit of Joel B. Strauss, # 2 Proposed Order, # 3 Certificate of Service) (Strauss, Joel) (Entered: 03/07/2011) 03/10/2011 ORDER granting 7 Motion for Leave for Richard A. Lockridge to Appear pro hac vice; granting 8 Motion for Karen H. Riebel for Leave to Appear pro hac vice, both

6 contingent upon payment of the required fees and registration for ECF notification. Ordered by Magistrate Judge William D. Wall on 3/10/2011. (Hepworth, F.) (Entered: 03/10/2011) 07/19/ MEMORANDUM OF DECISION AND ORDER -It is hereby ORDERED that MPRAs 4 motion to intervene as a plaintiff is granted; and it is further ORDERED that MPRAs motion to be appointed lead plaintiff is denied without prejudice; and it is further ORDERED that the Clerk of the Court is respectfully directed to amend the caption in this case to read as follows: (see "Decision"). Signed by Senior Judge Arthur D. Spatt on 7/19/2011. (Coleman, Laurie) (Entered: 07/20/2011) 07/25/ MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel) (Entered: 07/25/2011) 07/25/ MEMORANDUM in Support re 10 MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel filed by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel) (Entered: 07/25/2011) 07/25/ AFFIDAVIT/DECLARATION in Support re 10 MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel filed by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel) (Entered: 07/25/2011) 08/16/ MEMORANDUM in Support re 10 MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel filed by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel) (Entered: 08/16/2011) 10/05/ Letter MOTION to Consolidate Cases and for consideration as lead plaintiff by Cement Masons & Plasterers Joint Pension Trust. (Rudman, Samuel) (Entered: 10/05/2011) 10/05/ Letter Response of Steve Endress and Minneapolis Police Relief Association to letter submitted by Cement Masons & Plasterers Joint Pension Trust on October 5, 2011 by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel) (Entered: 10/05/2011) 10/11/ Letter Motion by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (Sabella, James) (Entered: 10/11/2011) 10/12/ Letter Response to the letter to the Court dated October 11, 2011 by James Sabella of the Grant & Eisenhofer firm on behalf of the Intl Union of Operating Engineers Pension Fund of Eastern Pennsylvania & Delaware by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel) (Entered: 10/12/2011) 10/12/ Letter Response to October 12, 2011 Letter to the Court from Steve Endress on behalf of Minneapolis Police Relief Association by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (Sabella, James) (Entered: 10/12/2011) 10/13/ Letter Response to the letter to the Court dated October 12, 2011 by James Sabella of

7 the Grant & Eisenhofer firm on behalf of the Int'l Union of Operating Engineers Pension Fund of Eastern Pennsylvania & Delaware by Steve Endress, Minneapolis Police Relief Association (Campisi, Jeffrey) (Entered: 10/13/2011) 10/20/ Letter MOTION to Consolidate Cases and for consideration as lead plaintiff by Arkansas Teacher Retirement System. (Keller, Christopher) (Entered: 10/20/2011) 10/25/ Letter Response to the letter to the Court dated October 20, 2011 by Michael Stocker of the Labaton Sucharow firm on behalf of the Arkansas Teacher Retirement System by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel) (Entered: 10/25/2011) 10/27/ Letter Motion to Consolidate Cases and for Consideration as Lead Plaintiff by Douglas Dahlgard (Amon, Thomas) (Entered: 10/27/2011) 10/31/ Letter Response to the letter to the Court dated October 27, 2011 by Thomas G. Amon on behalf of Douglas Dahlgard by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel) (Entered: 10/31/2011) 11/01/ Letter Response to the letter to the Court dated October 27, 2011 by Thomas G. Amon on behalf of Douglas Dahlgard by Arkansas Teacher Retirement System (Stocker, Michael) (Entered: 11/01/2011) 11/02/ MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that Plaintiff Steve Endress motion to withdraw as named plaintiff is granted; and it is further ORDERED that the Clerk of the Court is directed to consolidate the five actions set forth above under Docket Number 10CV5064 and Docket Numbers 11CV4433, 11CV4906, 11CV5126, and 11CV05199 are to be closed; and it is further ORDERED that the consolidated action shall hereinafter be referred to as In re Gentiva Securities Litigation and shall proceed under Docket Number 10CV5064, and that all filings are to be made only under Docket Number 10CV5064; and it is further ORDERED that the following motion schedule is set for motions to be appointed lead plaintiff. Any putative class member may file a motion to be appointed lead plaintiff by January 2, 2012, which may not exceed 25 pages in length. The MPRA may withdraw its pending motion (Docket Entry 10) and re-file by January 2, No responses or replies will be accepted. Signed by Senior Judge Arthur D. Spatt on 11/2/11. Temporarily granting in part and denying in part 10 Motion to Withdraw ; granting 14 Motion to Consolidate Cases; granting 20 Motion to Consolidate Cases. (Coleman, Laurie) (Entered: 11/03/2011) 12/08/ MOTION to Withdraw Lead Plaintiff Motion by Minneapolis Police Relief Association. (Strauss, Joel) (Entered: 12/08/2011) 12/08/2011 Motion Terminated, Docketed Incorrectly: Terminating 26 MOTION to Withdraw Lead Plaintiff Motion. Pursuant to chambers the document herein is not a Motion and was filed to comply with the Court's Order in Docket Entry 25. (Coleman, Laurie) (Entered: 08/20/2012) 12/09/ STIPULATION Accepting Service of Process and Extending Time to Respond to the Complaint by Arkansas Teacher Retirement System (Stocker, Michael) (Entered: 12/09/2011) 12/10/ ORDER Re: 27 Stipulation Accepting Service of Process and Extending Time to

8 Respond to the Complaint. Signed by Senior Judge Arthur D. Spatt on 12/10/11. (Coleman, Laurie) (Entered: 12/13/2011) 12/15/ Letter to Judge Aurther D. Spatt respectfully requesting clarification of the deadline for the filing of the lead plaintiff motions for this action by Minneapolis Police Relief Association (Strauss, Joel) (Entered: 12/15/2011) 12/16/ ORDER re 29 Letter filed by Minneapolis Police Relief Association. SO ORDERED that in light of the court holiday on 1/2/2012, all motions to be appointed lead plaintiff must be filed on or before 1/3/2012. Ordered by Senior Judge Arthur D. Spatt on 12/16/2011. (Florio, Lisa) (Entered: 12/21/2011) 12/30/ NOTICE by Douglas Dahlgard Notice of Plaintiff Douglas Dahlgard's Decision Not to Seek Appointment as Lead Plaintiff (Amon, Thomas) (Entered: 12/30/2011) 01/03/ NOTICE of Appearance by David A. Rosenfeld on behalf of Indiana Laborers Pension Fund (aty to be noticed) (Rosenfeld, David) (Entered: 01/03/2012) 01/03/ MOTION to Appoint Counsel and Lead Plaintiff by Indiana Laborers Pension Fund. (Attachments: # 1 Exhibit A) (Rudman, Samuel) (Entered: 01/03/2012) 01/03/ MEMORANDUM in Support of Motion to Appoint Lead Plaintiff and Lead Counsel filed by Indiana Laborers Pension Fund. (Rudman, Samuel) (Entered: 01/03/2012) 01/03/ AFFIDAVIT/DECLARATION in Support re 33 MOTION to Appoint Counsel and Lead Plaintiff of Samuel H. Rudman filed by Indiana Laborers Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Rudman, Samuel) (Entered: 01/03/2012) 01/03/ MOTION to Compel Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and in Opposition to the Competing Motions by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware. (Attachments: # 1 Memorandum in Support of Motion for Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and in Opposition to the Competing Motions, # 2 Declaration of James J. Sabella in Support of Motion for Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and in Opposition to the Competing Motions, # 3 Certificate of Service) (Sabella, James) (Entered: 01/03/2012) 01/03/ MOTION to Appoint Counsel and Lead Plaintiff by Los Angeles Employees' Retirement System. (Fox, Frederic) (Entered: 01/03/2012) 01/03/ MEMORANDUM in Support re 37 MOTION to Appoint Counsel and Lead Plaintiff filed by Los Angeles Employees' Retirement System. (Fox, Frederic) (Entered: 01/03/2012) 01/03/ AFFIDAVIT/DECLARATION in Support re 37 MOTION to Appoint Counsel and Lead Plaintiff filed by Los Angeles Employees' Retirement System. (Fox, Frederic) (Entered: 01/03/2012) 01/03/ Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Attachments: # 1

9 Proposed Order) (Silk, Gerald) (Entered: 01/03/2012) 01/03/ MEMORANDUM in Support re 40 Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff filed by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Silk, Gerald) (Entered: 01/03/2012) 01/03/ AFFIDAVIT/DECLARATION in Support re 40 Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff Declaration of Gerald H. Silk filed by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Silk, Gerald) (Entered: 01/03/2012) 01/04/ Letter to Judge Arthur D. Spatt enclosing courtesy copies of motion papers filed January 3, 2012 by Los Angeles Employees' Retirement System (Strauss, Joel) (Entered: 01/04/2012) 01/04/ Letter to Honorable Arthur D. Spatt enclosing courtesy copies of motion filed on January 3, 2012 by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (Sabella, James) (Entered: 01/04/2012) 01/04/ Letter to Honorable Judge Arthur D. Splatt enclosing courtesy copies of motion papers filed January 3, 2012 by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund (Silk, Gerald) (Entered: 01/04/2012) 01/06/ Letter Regarding Request for Oral Argument by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund (Silk, Gerald) (Entered: 01/06/2012) 01/09/ Letter to Judge Spatt responding to Arkansas Teachers/Water Reclamation Letter dated January 6, 2012 by Los Angeles Employees' Retirement System (Strauss, Joel) (Entered: 01/09/2012) 01/12/ SHORT ORDER - In light of the complexity of the financial interest analysis at issue, the Court will now permit each of the four movants to file a brief supplemental submission, not to exceed five pages, on or before January 20, This submission should address any disputes with regard to the calculation of the financial interests put forth by the movants and will also provide an opportunity to put forth any proof that one of the potential lead plaintiffs will not fairly and adequately protect the interests of the class or is subject to unique defenses that render such plaintiff incapable of adequately representing the class. After reviewing the movants initial and supplemental submissions, the Court will determine whether oral argument will be heard and, if so, will advise counsel of the date and time. Ordered by Senior Judge Arthur D. Spatt on 1/12/2012. (Coleman, Laurie) (Entered: 01/12/2012) 01/20/ MEMORANDUM in Support re 37 MOTION to Appoint Counsel and Lead Plaintiff filed by Los Angeles Employees' Retirement System. (Fox, Frederic) (Entered: 01/20/2012) 01/20/ Letter to Judge Spatt enclosing courtesy copy of Supplemental Memorandum by Los

10 Angeles Employees' Retirement System (Fox, Frederic) (Entered: 01/20/2012) 01/20/ MEMORANDUM in Support re 40 Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff filed by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Silk, Gerald) (Entered: 01/20/2012) 01/20/ MEMORANDUM in Opposition filed by Indiana Laborers Pension Fund. (Rosenfeld, David) (Entered: 01/20/2012) 01/20/ Letter enclosing courtesy copy of Submission in Further Support of Motion for Appointment as Lead Plaintiff by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund (Silk, Gerald) (Entered: 01/20/2012) 01/27/ MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that the motion by class member Los Angeles City Employees Retirement System (LACERS) to be appointed as lead plaintiff in this action, pursuant to 15 U.S.C. 78u4(a) (3)(B), as amended by the Private Securities Litigation Act of 1995, is GRANTED; and it is further ORDERED that the motion by class member Los Angeles City Employees Retirement System (LACERS) for the appointment of Kaplan Fox & Kilsheimer LLP as lead counsel, is GRANTED. Ordered by Senior Judge Arthur D. Spatt on 1/27/2012. (Coleman, Laurie) (Entered: 01/27/2012) 02/10/ STIPULATION and [Proposed] Order by Los Angeles Employees' Retirement System (Strauss, Joel) (Entered: 02/10/2012) 02/11/ ORDER Re: 55 Stipulation - 1. LACERS, shall have until and including sixty (60) days from the entry of this Order by the Court to file and serve a Consolidated Complaint; 2. Defendants shall have sixty (60) days from the filing and service of the Consolidated Complaint to answer, move against or otherwise respond to the Consolidated Complaint; 3. Should Defendants move to dismiss the Consolidated Complaint, LACERS shall have sixty (60) days from the filing of such motion to file and serve its opposition thereto and Defendants shall then have forty-five ( 45) days to file and serve their reply. Signed by Senior Judge Arthur D. Spatt on 2/11/12. (Coleman, Laurie) (Entered: 02/16/2012) 04/16/ AMENDED COMPLAINT against Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange, filed by Los Angeles Employees' Retirement System. (Fox, Frederic) (Entered: 04/16/2012) 04/17/2012 AMENDED SUMMONS Issued as to Gentiva Health Services, Inc., Erik R. Slusser. (Goddard, Elizabeth) (Entered: 04/17/2012) 05/24/ MOTION for Leave to File Excess Pages by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Amsel, Joshua) (Entered: 05/24/2012) 05/25/ ORDER granting 58 Motion for Leave to File Excess Pages - 1. Defendants shall be permitted to file a memorandum of law of up to forty (40) pages in support of their motion to dismiss the Complaint; 2. Plaintiff shall be permitted to file a memorandum of law of up to forty (40) pages in opposition to Defendants' motion to dismiss the Complaint; and 3. Defendants shall be permitted to file a reply memorandum of law of

11 up to fifteen (15) pages in further support of their motion to dismiss the Complaint. Signed by Senior Judge Arthur D. Spatt on 5/25/2012. (Coleman, Laurie) (Entered: 05/31/2012) 06/15/ Corporate Disclosure Statement by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange identifying Other Affiliate Wells Fargo & Company, Other Affiliate BlackRock, Inc. for Gentiva Health Services, Inc.. (Neuwirth, John) (Entered: 06/15/2012) 06/15/ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Attachments: # 1 Memorandum in Support, # 2 Declaration in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11) (Neuwirth, John) (Entered: 06/15/2012) 08/14/ MEMORANDUM in Opposition re 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Los Angeles Employees' Retirement System. (Strauss, Joel) (Entered: 08/14/2012) 08/14/ AFFIDAVIT/DECLARATION in Opposition re 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Los Angeles Employees' Retirement System. (Strauss, Joel) (Entered: 08/14/2012) 09/28/ REPLY in Support re 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Neuwirth, John) (Entered: 09/28/2012) 09/28/ AFFIDAVIT/DECLARATION in Support re 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Further Support filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Attachments: # 1 Exhibit A, # 2 Certificate of Service) (Neuwirth, John) (Entered: 09/28/2012) 12/14/ Letter by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange (Attachments: # 1 Exhibit) (Neuwirth, John) (Entered: 12/14/2012) 12/17/ Letter to Hon. Arthur D. Spatt regarding defendants' December 14, 2012 letter (ECF Dkt. #66) by Los Angeles Employees' Retirement System (Strauss, Joel) (Entered: 12/17/2012) 12/18/ Letter to Hon. Arthur D. Spatt regarding defendants' December 14, 2012 letter (ECF Dkt. #66) (CORRECTED VERSION) by Los Angeles Employees' Retirement System (Strauss, Joel) (Entered: 12/18/2012) 02/13/ Letter by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Neuwirth, John) (Entered: 02/13/2013) 02/14/ Letter to Hon. Arthur D. Spatt in Response to Defendants' February 13, 2013 Letter by Los Angeles Employees' Retirement System (Strauss, Joel) (Entered: 02/14/2013) 03/25/ MEMORANDUM OF DECISION AND ORDER - IT is hereby ORDERED, that the

12 Defendants 61 motion to dismiss the Complaint in its entirety is granted; and it is further ORDERED, that the Plaintiff shall have thirty days from the date of this Decision and Order to file an amended complaint in accordance with the Courts rulings set forth above. Ordered by Judge Arthur D. Spatt on 3/25/2013. (Coleman, Laurie) (Entered: 03/25/2013) 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