U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:12-cv PAG
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1 US District Court Civil Docket as of September 6, 2013 Retrieved from the court on October 11, 2013 U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:12-cv PAG Florida Carpenters Regional Council Pension Plan v. Eaton Corporation et al Assigned to: Judge Patricia A. Gaughan Cause: 15:78m(a) Securities Exchange Act Plaintiff Florida Carpenters Regional Council Pension Plan Date Filed: 08/03/2012 Date Terminated: 08/09/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by David R. Scott Scott & Scott - Colchester 156 South Main Street P.O. Box 192 Colchester, CT Fax: drscott@scott-scott.com LEAD ATTORNEY Alan Eichenbaum NW First Court Plantation, FL Fax: Donald A. Broggi Scott & Scott - New York 40th Floor 405 Lexington Avenue New York, NY Fax: dbroggi@scott-scott.com Joseph Daniel Cohen Scott & Scott - New York 40th Floor 405 Lexington Avenue New York, NY Fax: jcohen@scott-scott.com Joseph P. Guglielmo Scott & Scott - New York
2 40th Floor 405 Lexington Avenue New York, NY Fax: Roger W. Van Deusen 6130 Pasadena Point Blvd., S Gulfport, FL vandeusenr@gmail.com Geoffrey M. Johnson Scott & Scott - Chagrin Falls Ste Cedar Road Cleveland Heights, OH Fax: gjohnson@scott-scott.com V Eaton Corporation represented by Andrew G. Fiorella Ulmer & Berne - Cleveland 1100 Skylight Office Tower 1660 West Second Street Cleveland, OH Fax: afiorella@ulmer.com Frances F. Goins Ulmer & Berne - Cleveland 1100 Skylight Office Tower 1660 West Second Street Cleveland, OH Fax: fgoins@ulmer.com Joseph A. Castrodale Ulmer & Berne - Cleveland 1100 Skylight Office Tower 1660 West Second Street Cleveland, OH
3 Fax: Robert C. Psaropoulos Eaton Corporation 1111 Superior Avenue Cleveland, OH Fax: Alexander M Cutler represented by Andrew G. Fiorella Frances F. Goins Joseph A. Castrodale Mark M. McGuire represented by Andrew G. Fiorella Frances F. Goins Joseph A. Castrodale Victor Leo represented by Darrell A. Clay Walter & Haverfield 3500 Tower at Erieview 1301 East Ninth Street Cleveland, OH Fax: dclay@walterhav.com Ralph E. Cascarilla Walter & Haverfield 3500 Tower at Erieview 1301 East Ninth Street
4 Cleveland, OH Fax: Taras G Szmagala, Jr. represented by Andrew G. Fiorella Frances F. Goins Joseph A. Castrodale Donald J. McGrath represented by Andrew G. Fiorella Frances F. Goins Joseph A. Castrodale Movant KBC Asset Management NV represented by Andrew M. McNeela Kirby McInerney 16th Floor 825 Third Avenue New York, NY Fax: amcneela@kmllp.com LEAD ATTORNEY Ira M. Press Kirby McInerney 16th Floor 825 Third Avenue New York, NY Fax: ipress@kmllp.com LEAD ATTORNEY
5 J. Brandon Walker Kirby McInerney 16th Floor 825 Third Avenue New York, NY Fax: LEAD ATTORNEY Deborah M. Sturman 2nd Floor 275 Seventh Avenue New York, NY Fax: Roger W. Van Deusen Date Filed # Docket Text 08/03/ Complaint with jury demand (CLASS ACTION COMPLAINT) against All s. Filing fee paid $ 350, Receipt number Filed by Florida Carpenters Regional Council Pension Plan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (Johnson, Geoffrey) (Entered: 08/03/2012) 08/03/ Corporate Disclosure Statement filed by Florida Carpenters Regional Council Pension Plan. (Johnson, Geoffrey) (Entered: 08/03/2012) 08/03/2012 Judge Christopher A. Boyko assigned to case. (C,BA) (Entered: 08/03/2012) 08/03/2012 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Baughman. (C,BA) (Entered: 08/03/2012) 08/03/ Original Summons and Magistrate Consent Form issued for service upon Alexander M Cutler, Eaton Corporation, Victor Leo, Mark M. McGuire & Taras G Szmagala, Jr. (Attachments: # 1 Magistrate Consent Form) (C,BA) (Entered: 08/03/2012) 08/08/2012 Notice to Attorney Joseph D. Cohen. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 8/8/12. Related document(s) 1. (P,G) (Entered: 08/08/2012) 08/08/2012 Notice to Attorney Donald A. Broggi. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for
6 Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 8/8/12. Related document(s) 1. (P,G) (Entered: 08/08/2012) 08/09/ Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Christopher A. Boyko on 8/9/2012. (H,CM) (Entered: 08/09/2012) 08/09/2012 Judge Patricia A. Gaughan assigned to case. Judge Christopher A. Boyko terminated. (C,B) (Entered: 08/09/2012) 08/27/ Motion for attorney Donald A. Broggi to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Plaintiff Florida Carpenters Regional Council Pension Plan. (Attachments: # 1 Exhibit A - Proposed Order Granting PHV of Donald A. Broggi)(Johnson, Geoffrey) (Entered: 08/27/2012) 08/27/ Motion for attorney David R. Scott to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Plaintiff Florida Carpenters Regional Council Pension Plan. (Attachments: # 1 Exhibit A - Proposed Order Granting PHV for David R. Scott)(Johnson, Geoffrey) (Entered: 08/27/2012) 08/27/ Motion for attorney Joseph D. Cohen to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Plaintiff Florida Carpenters Regional Council Pension Plan. (Attachments: # 1 Exhibit A - Proposed Order Granting PHV for Joseph D. Cohen)(Johnson, Geoffrey) (Entered: 08/27/2012) 08/27/ Motion for attorney Joseph P. Guglielmo to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Plaintiff Florida Carpenters Regional Council Pension Plan. (Attachments: # 1 Exhibit A - Proposed Order Granting PHV for Joseph P. Guglielmo)(Johnson, Geoffrey) (Entered: 08/27/2012) 08/28/2012 Order [non-document]: Plaintiff's Motion for Pro Hac Vice Admission of Donald A. Broggi is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 8/28/12. (Related Doc # 5 ) (LC,S) (Entered: 08/29/2012) 08/28/2012 Order [non-document]: Plaintiff's Motion for Pro Hac Vice Admission of David R. Scott is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 8/28/12. (Related Doc # 6 ) (LC,S) (Entered: 08/29/2012) 08/28/2012 Order [non-document]: Plaintiff's Motion for Pro Hac Vice Admission of Joseph D. Cohen is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 8/28/12. (Related Doc # 7 ) (LC,S) (Entered: 08/29/2012) 08/28/2012 Order [non-document]: Plaintiff's Motion for Pro Hac Vice Admission of Joseph P. Guglielmo is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 8/28/12. (Related Doc # 8 ) (LC,S) (Entered: 08/29/2012) 09/10/ Case Management Conference Scheduling Order with case management conference set
7 on 10/12/2012 at 9:45 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 9/07/12. (D,MB) (Entered: 09/10/2012) 09/13/ Proposed Order and Joint Stipulation re Case Management Order filed by Florida Carpenters Regional Council Pension Plan. (Johnson, Geoffrey) (Entered: 09/13/2012) 09/19/ Address Change Notice by Joseph P. Guglielmo filed by on behalf of Florida Carpenters Regional Council Pension Plan. (Guglielmo, Joseph) (Entered: 09/19/2012) 09/20/ Joint Stipulation and Case Management Order. Judge Patricia A. Gaughan on 9/20/12. (LC,S) (Entered: 09/20/2012) 09/20/2012 Order [non-document]: In light of the Joint Stipulation and Case Management Order, the Case Management Conference of 10/12/12 is cancelled. Judge Patricia A. Gaughan on 9/20/12. (LC,S) (Entered: 09/20/2012) 10/02/ Motion for appointment of counsel and lead plaintiff filed by Plaintiff Florida Carpenters Regional Council Pension Plan. (Attachments: # 1 Proposed Order)(Johnson, Geoffrey) (Entered: 10/02/2012) 10/02/ Brief in support of motion for appointment of counsel and lead plaintiff filed by Florida Carpenters Regional Council Pension Plan. Related document(s) 13. (Johnson, Geoffrey) (Entered: 10/02/2012) 10/02/ Affidavit/Declaration of Geoffrey M. Johnson filed by Florida Carpenters Regional Council Pension Plan. Related document(s) 13. (Attachments: # 1 Exhibit A - Early notice, # 2 Exhibit B - Loss chart, # 3 Exhibit C - Certification, # 4 Exhibit D - Firm resume)(johnson, Geoffrey) (Entered: 10/02/2012) 10/02/ Motion for appointment of counsel and lead plaintiff filed by Movant KBC Asset Management NV. (Attachments: # 1 Brief in Support of Motion for Appointment of Lead Counsel and Lead Plaintiff, # 2 Affidavit of J. Brandon Walker, # 3 Exhibit A - GlobeNewswire Press Release, # 4 Exhibit B - Certification, # 5 Exhibit C - PSLRA Loss Calculations, # 6 Exhibit D - Dura Loss Calculations, # 7 Exhibit E - Kirby McInerney LLP Firm Resume, # 8 Proposed Order, # 9 Certificate of Service)(Van Deusen, Roger) (Entered: 10/02/2012) 10/04/ Attorney Appearance by Joseph A. Castrodale filed by on behalf of Alexander M Cutler, Eaton Corporation, Mark M. McGuire, Taras G Szmagala, Jr. (Castrodale, Joseph) (Entered: 10/04/2012) 10/04/ Attorney Appearance by Frances F. Goins filed by on behalf of Alexander M Cutler, Eaton Corporation, Mark M. McGuire, Taras G Szmagala, Jr. (Goins, Frances) (Entered: 10/04/2012) 10/04/ Attorney Appearance by Andrew G. Fiorella filed by on behalf of Alexander M Cutler, Eaton Corporation, Mark M. McGuire, Taras G Szmagala, Jr. (Fiorella, Andrew) (Entered: 10/04/2012) 10/10/ Motion for attorney Andrew M. McNeela to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Movant KBC Asset Management NV. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Declaration of Andrew M. McNeela to Appear and Participate Pro Hac Vice)(Van Deusen, Roger) (Entered: 10/10/2012) 10/10/ Motion for attorney J. Brandon Walker to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Movant KBC Asset Management NV. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Declaration of J. Brandon Walker to Appear and Participate Pro Hac Vice)(Van Deusen, Roger) (Entered: 10/10/2012)
8 10/10/ Motion for attorney Ira M. Press to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Movant KBC Asset Management NV. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Declaration of Ira M. Press to Appear and Participate Pro Hac Vice)(Van Deusen, Roger) (Entered: 10/10/2012) 10/11/ Attorney Appearance by Robert C. Psaropoulos filed by on behalf of Eaton Corporation. (Psaropoulos, Robert) (Entered: 10/11/2012) 10/12/2012 Order [non-document] Movant KBC Asset Management NV's Motion for admission pro hac vice of attorney Andrew M. McNeela is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 10/12/12. (Related Doc # 20 ) (LC,S) (Entered: 10/12/2012) 10/12/2012 Order [non-document] Movant KBC Asset Management NV's Motion for admission pro hac vice of attorney J. Brandon Walker is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 10/12/12. (Related Doc # 21 ) (LC,S) (Entered: 10/12/2012) 10/12/2012 Order [non-document] Movant KBC Asset Management NV's Motion for admission pro hac vice of attorney Ira M. Press is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 10/12/12. (Related Doc # 22 ) (LC,S) (Entered: 10/12/2012) 10/19/ Proposed Stipulation Approving Uncontested Motion ofkbc Asset Management NV for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel filed by Florida Carpenters Regional Council Pension Plan, KBC Asset Management NV. (Attachments: # 1 Proposed Order Approving Uncontested Motion of KBC Asset Management NV for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel)Related document(s) 16.(Van Deusen, Roger) (Entered: 10/19/2012) 10/22/ Attorney Appearance by Ralph E. Cascarilla & Darrell A. Clay filed by on behalf of Victor Leo. (Cascarilla, Ralph) Modified text on 10/29/2012 (G,CA). (Entered: 10/22/2012) 10/22/ Order approving uncontested motion of KBC Asset Management NV for appointment as lead plaintiff and approval of selection of lead an liaison counsel. Judge Patricia A. Gaughan on 10/22/12. (LC,S) re 24 (Entered: 10/24/2012) 10/22/2012 Order [non-document]: Plaintiff's motion for appointment of lead plaintiff is MOOT. Judge Patricia A. Gaughan on 10/22/12. (Related Doc # 13 ) (LC,S) (Entered: 10/24/2012) 10/23/ Response to 16 Motion for appointment of counsel and lead plaintiff, 13 Motion for appointment of counsel and lead plaintiff and to 24 Stipulation and [Proposed] Order Approving Uncontested Motion filed by All s. (Fiorella, Andrew) (Entered: 10/23/2012) 10/24/2012 Order [non-document]: s' request to extend the deadline to file an answer or other pleading is granted. s' answer or other responsive pleading to the complaint or consolidated amended complaint is due 105 days after the entry of the Court's order appointing lead plaintiff. Judge Patricia A. Gaughan on 12/24/12. (LC,S) re 26 (Entered: 10/25/2012) 10/25/ Attorney Appearance by Roger W. Van Deusen filed by on behalf of KBC Asset Management NV. (Van Deusen, Roger) (Entered: 10/25/2012) 10/29/2012 Notice to Attorney Debora Sturman. The Court finds no record of your being admitted to
9 practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) 24, 27. (G,CA) (Entered: 10/29/2012) 10/29/2012 Notice to Attorney Alan Eichenbaum. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) 24, 27. (G,CA) (Entered: 10/29/2012) 11/01/ Motion for attorney Deborah Sturman to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Movant KBC Asset Management NV. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Declaration of Deborah Sturman to Appear and Participate Pro Hac Vice)(Van Deusen, Roger) (Entered: 11/01/2012) 11/05/2012 Order [non-document] Granting Motion for Pro Hac Vice Admission of Deborah Sturman for KBC Asset Management NV. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 11/5/12. (Related Doc # 29 ). (LC,S) (Entered: 11/05/2012) 11/13/2012 Filling fee in the amount of $ received for motion to appear pro hac vice by attorney Alan Eichenbaum, Receipt # (C,B) (Entered: 11/13/2012) 11/13/ Motion for attorney Alan Eichenbaum to Appear Pro Hac Vice. Filing fee $ 100, receipt number , filed by Plaintiff Florida Carpenters Regional Council Pension Plan. (Attachments: # 1 Certificate of Good Standing)(E,P) (Additional attachment(s): # 2 Exhibit- List of Sponsors added on 11/12/2012) (E,P). (Entered: 11/13/2012) 11/14/2012 Order [non-document]: Plaintiff's Motion for attorney Alan Eichenbaum to Appear Pro Hac Vice is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at under Forms.) Judge Patricia A. Gaughan on 11/14/12. (LC,S) (Related Doc # 30 ) (Entered: 11/14/2012) 12/24/ Amended complaint against All s and adding new party defendant(s) Donald J. McGrath. Filed by Florida Carpenters Regional Council Pension Plan, KBC Asset Management NV. (Attachments: # 1 Summons to Donald J. McGrath) (Van Deusen, Roger) (Entered: 12/24/2012) 01/03/ Summons issued for service upon Donald J. McGrath. (S,R) (Entered: 01/03/2013) 01/09/ Attorney Appearance by Andrew G. Fiorella filed by on behalf of Donald J. McGrath. (Fiorella, Andrew) (Entered: 01/09/2013) 01/09/ Attorney Appearance by Joseph A. Castrodale filed by on behalf of Donald J. McGrath. (Castrodale, Joseph) (Entered: 01/09/2013) 01/09/ Attorney Appearance by Frances F. Goins filed by on behalf of Donald J. McGrath. (Goins, Frances) (Entered: 01/09/2013) 01/09/ Waiver of Service Returned Executed by Florida Carpenters Regional Council Pension Plan, KBC Asset Management NV. Donald J. McGrath waiver sent on 1/9/2013, answer due 3/11/2013. filed on behalf of Florida Carpenters Regional Council Pension Plan; KBC
10 Asset Management NV (Van Deusen, Roger) (Entered: 01/09/2013) 01/10/ Joint Motion for extension of Response to Consolidated Amended Complaint until March 1, 2013 filed by Alexander M Cutler, Eaton Corporation, Donald J. McGrath, Mark M. McGuire, Taras G Szmagala, Jr. Related document(s) 31. (Attachments: # 1 Proposed Order)(Fiorella, Andrew) Modified text on 1/16/2013 (G,CA). (Entered: 01/10/2013) 01/11/ Order Granting Joint Motion for Extensions of Time: IT IS HEREBY ORDERED, as follows: 1. The Motion is GRANTED; 2. s' motions to dismiss Plaintiffs' Consolidated Amended Class Action Complaint (Docket No. 31 ) are due on March 1, 2013; 3. Plaintiffs' oppositions to are due on April 30, 2013; and 4. s' replies are due on May 30, Judge Patricia A. Gaughan on 1/11/13. (LC,S) re 37 (Entered: 01/11/2013) 03/01/ Motion to dismiss for failure to state a claim filed by Alexander M Cutler, Eaton Corporation, Donald J. McGrath, Mark M. McGuire, Taras G Szmagala, Jr. Related document(s) 38, 31. (Attachments: # 1 Brief in Support, # 2 Affidavit/Declaration of Andrew G. Fiorella, # 3 Exhibit 1. "Adding to an Industrial", # 4 Exhibit 2. "Op-Ed.", # 5 Exhibit 3. "Eatons Acq. of Cooper Indus. Creates Sig. Upside Potential", # 6 Exhibit 4. "Fitch May Cut Cooper Indus. Ratings", # 7 Exhibit 5. "Gabelli & Company, Inc. 5/22/12 Eaton Report", # 8 Exhibit 6. "Former DA Under Scrutiny", # 9 Exhibit 7. "Counts Tossed in Theft Case", # 10 Exhibit 8. "Info Sought to Clarify ex-das Role in $1B Suit", # 11 Exhibit 9. "Hold Sought on $1B Lawsuit", # 12 Exhibit 10."Report Heightens Scrutiny of Judge", # 13 Exhibit 11. "Watchdog Probe Ongoing", # 14 Exhibit 12. "Judge Puts Hold on Trade Theft Case", # 15 Exhibit 13."Rivals Strike $11.8 Billion Merger", # 16 Exhibit 14."Hinds Judge Questions Former DA Work in Trade Secrets Case", # 17 Exhibit 15."Hinds Official Quits Special Court Post", # 18 Exhibit 16. "Judge Chastises Eaton, Dismisses Trade Secret Suit", # 19 Exhibit 17. "Mississippi: Judge Enters Plea", # 20 Exhibit 18. "Jerry Mitchell, Feds Expand Bribery Probe", # 21 Exhibit 19."Court: Charges Rightly Tossed", # 22 Exhibit 20. "Civil Rights Hero, Now a Judge, Is Indicted in a Bribery Case", # 23 Exhibit 21. "Eaton Suit Over Trade Secret Theft May be Dead Due to Improprieties", # 24 Exhibit 22."S&P Revises Eaton Corp. Outlook to Negative", # 25 Exhibit 23. "Special Master Steps Down in DeLaughter-Related Lawsuit", # 26 Exhibit 24. Eaton's K, # 27 Exhibit 25. Eaton's 2009 Proxy, # 28 Exhibit 26. Eaton's K, # 29 Exhibit 27. Eaton's K, # 30 Exhibit 28. Eaton's 2011 Proxy, # 31 Exhibit 29. Eaton's 2012Proxy, # 32 Exhibit K Ex. 99.1, # 33 Exhibit 31. Complaint, # 34 Exhibit 32. Dec Order, # 35 Exhibit 33. Eaton's 10-Q, # 36 Exhibit 34. Eaton's Stock Price Chart, # 37 Exhibit 35. Indictment, # 38 Exhibit 36. Appeal Docket, # 39 Exhibit 37. Cooper Share Price, # 40 Exhibit 38. Transcript, # 41 Exhibit 39. KBC Report, # 42 Exhibit 40. KBC Filing, # 43 Exhibit 41. Florida Carpenters Filing)(Goins, Frances) Modified duplicate text on 3/6/2013 (G,CA). (Entered: 03/01/2013) 03/01/ Motion for Judicial Notice of Exhibits filed by Alexander M Cutler, Eaton Corporation, Donald J. McGrath, Mark M. McGuire, Taras G Szmagala, Jr. Related document(s) 39. (Goins, Frances) Modified text on 3/7/2013 (G,CA). (Entered: 03/01/2013) 03/01/ Motion for joinder in Motion to Dismiss and Supporting Materials filed by Victor Leo. Related document(s) 40, 39. (Clay, Darrell) (Entered: 03/01/2013) 04/30/ Opposition to 39 Motion to dismiss for failure to state a claim filed by Florida Carpenters Regional Council Pension Plan, KBC Asset Management NV. (Van Deusen, Roger) (Entered: 04/30/2013) 04/30/ Opposition to 40 Motion for Judicial Notice of Exhibits filed by Florida Carpenters Regional Council Pension Plan, KBC Asset Management NV. (Van Deusen, Roger) (Entered: 04/30/2013)
11 05/30/ Reply to response to 39 Motion to dismiss for failure to state a claim filed by Alexander M Cutler, Eaton Corporation, Donald J. McGrath, Mark M. McGuire, Taras G Szmagala, Jr. (Attachments: # 1 Exhibit A - Supplemental Declaration of Andrew G. Fiorella, # 2 Exhibit 1 - Governments Combined Memorandum of Authorities and Response, # 3 Exhibit 2 - Reply of Frisby-Related Parties, # 4 Exhibit 3 - Affidavit of Alexander M. Cutler, Eaton Corporation, et al. v. Frisby, et al., # 5 Exhibit 4 - Affidavit of Victor Leo, # 6 Exhibit 5 - Affidavit of Mark M. McGuire, Eaton Corporation, et al. v. Frisby, et al., # 7 Exhibit 6 - Affidavit of Sharon L. OFlaherty, Eaton Corporation, et al. v. Frisby, et al., # 8 Exhibit 7 - Affidavit of Taras G. Szmagala, Jr., Eaton Corporation, et al. v. Frisby, et al., # 9 Exhibit 8 - The closing price of Eatons shares on December 31, 2008)(Goins, Frances) (Entered: 05/30/2013) 05/30/ Reply to response to 40 Motion for Judicial Notice of Exhibits filed by Alexander M Cutler, Eaton Corporation, Donald J. McGrath, Mark M. McGuire, Taras G Szmagala, Jr. (Goins, Frances) (Entered: 05/30/2013) 05/30/ Motion for joinder in Reply Briefs filed by Victor Leo. Related document(s) 45, 44. (Clay, Darrell) (Entered: 05/30/2013) 08/09/ Memorandum Opinion and Order granting defendants' Motion to dismiss complaint for failure to state a claim (Related Doc # 39 ). Judge Patricia A. Gaughan(C,KA) (Entered: 08/09/2013) 08/09/ Judgment Entry in favor of defendants, re 47. Judge Patricia A. Gaughan (C,KA) (Entered: 08/09/2013) 09/06/ Motion to alter/amend judgment pursuant to Fed. R. Civ. P. 59(e), Motion for reconsideration pursuant to Fed. R. Civ. P. 60(b) filed by Plaintiff Florida Carpenters Regional Council Pension Plan, Movant KBC Asset Management NV. Related document(s) 48. (Attachments: # 1 Exhibit A. Second Amended Complaint, # 2 Exhibit B. Comparison of Complaint and Second Amended Complaint, # 3 Exhibit C. O'Flaherty Complaint)(Van Deusen, Roger) (Entered: 09/06/2013) 09/06/ NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from 8/9/13 memo, opinion and judgment 47 and 48 filed by Florida Carpenters Regional Council Pension Plan, KBC Asset Management NV. ( Filing fee $455 paid; receipt number ) (Van Deusen, Roger) Modified text 9/9/2013 (C,KA). (Entered: 09/06/2013) 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
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