U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division) CIVIL DOCKET FOR CASE #: 5:15-cv F

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1 US District Court Civil Docket as of December 22, 2016 Retrieved from the court on December 22, 2016 U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division) CIVIL DOCKET FOR CASE #: 5:15-cv F In re CHANNELADVISOR CORPORATION Securities Litigation Assigned to: Senior Judge James C. Fox Case in other court: 4th Circuit Court of Appeals, New York Southern, 1:15-cv Cause: 15:78m(a) Securities Exchange Act Date Filed: 07/09/2015 Date Terminated: 04/06/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Justin Dice individually and on behalf of all others similarly situated represented by Brooke Albert Howard Howard Law, PLLC Post Office Box 549 Raleigh, NC Fax: Jacob A. Goldberg The Rosen Law Firm, P.A. 275 Madison Avenue, 34th Floor New York, NY Fax: James A. Roberts, III Lewis & Roberts, PLLC P. O. Box Glenwood Avenue, Suite 410 Raleigh, NC Fax: Laurence M. Rosen THE ROSEN LAW FIRM PA 275 MADISON AVENUE

2 34TH FLOOR NEW YORK, NY Phillip C. Kim The Rosen Law Firm P.A th Avenue, Suite 5508 New York, NY (212) Fax: (212) Erica Lauren Stone The Rosen Law Firm, P.A. 275 Madison Avenue 34th Floor New York, NY (212) Fax: (212) Plaintiff David A. Garcia Individually and on Behalf of All Others Similarly Situated represented by Brooke Albert Howard Francis Paul McConville Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY (212) Fax: (212) James A. Roberts, III Jeremy Alan Lieberman Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY (212)

3 Fax: (212) Patrick Vincent Dahlstrom Pomerantz LLP 10 South LaSalle Street Suite 3505 Chicago, IL (212) Fax: (212) V. Defendant Channeladvisor Corporation represented by Clifton L. Brinson Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP Wells Fargo Capitol Center, 150 Fayetteville St., Suite 2300 P.O. Box 2611 Raleigh, NC Fax: Donald H. Tucker, Jr. Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP Wells Fargo Capitol Center, 150 Fayetteville St, Suite 2300 Post Office Box 2611 Raleigh, NC Fax: Lyle Roberts COOLEY LLP 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC Fax:

4 Dana Moss COOLEY LLP 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC Fax: George E. Anhang COOLEY LLP 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC Fax: Defendant Scot Wingo represented by Clifton L. Brinson Donald H. Tucker, Jr. Lyle Roberts Dana Moss George E. Anhang Defendant

5 David Spitz represented by Clifton L. Brinson Donald H. Tucker, Jr. Lyle Roberts Dana Moss George E. Anhang Defendant John Baule represented by Clifton L. Brinson Donald H. Tucker, Jr. Lyle Roberts Dana Moss George E. Anhang

6 Date Filed # Docket Text 01/23/ COMPLAINT against John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Filing Fee $ , Receipt Number )Document filed by Justin Dice.(moh) (rz). [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/2015 SUMMONS ISSUED as to John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/2015 Magistrate Judge Debra C. Freeman is so designated. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/2015 Case Designated ECF. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/ CIVIL COVER SHEET filed. (moh) (rz). [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/28/2015 ***NOTE TO ATTORNEY TO PDF. Note to Attorney Laurence M. Rosen for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/28/2015) 01/28/2015 ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Laurence M. Rosen, to submit PDF of the Civil Cover Sheet. a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/28/2015) 02/10/ NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/8/2015 at 10:30 AM in Courtroom 906, 40 Centre Street, New York, NY before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 2/10/2015) (kgo) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/11/2015) 02/24/ WAIVER OF SERVICE RETURNED EXECUTED. Channeladvisor Corporation waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/24/ WAIVER OF SERVICE RETURNED EXECUTED. John Baule waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/24/ WAIVER OF SERVICE RETURNED EXECUTED. Scot Wingo waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/24/ WAIVER OF SERVICE RETURNED EXECUTED. David Spitz waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/25/ MOTION for Lyle Roberts to Appear Pro Hac Vice. Filing fee $ , receipt number Motion and supporting papers to be reviewed by Clerk's Office staff.

7 Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 DC Certificate of Good Standing, # 2 MD Certificate of Good Standing, # 3 VA Certificate of Good Standing, # 4 Text of Proposed Order)(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/ RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Channeladvisor Corporation.(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/ NOTICE OF APPEARANCE by George Edward Anhang on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Anhang, George) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/2015 >>>NOTICE REGARDING MOTION. Regarding Document No. 8 MOTION for Lyle Roberts to Appear Pro Hac Vice. Filing fee $ , receipt number Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/ MOTION for Dana Moss to Appear Pro Hac Vice. Filing fee $ , receipt number Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 DC Certificate of Good Standing, # 2 VA Certificate of Good Standing, # 3 Text of Proposed Order)(Moss, Dana) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/2015 >>>NOTICE REGARDING MOTION. Regarding Document No. 11 MOTION for Dana Moss to Appear Pro Hac Vice. Filing fee $ , receipt number Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 03/06/ ORDER granting 8 Motion for Lyle Roberts to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/06/2015) 03/06/ ORDER granting 11 Motion for Dana Moss to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/06/2015) 03/19/ JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Lyle Roberts dated March 19, Document filed by John Baule, Channeladvisor Corporation, Justin Dice, David Spitz, Scot Wingo.(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/19/2015) 03/23/ ORDER granting 14 Letter Motion for Extension of Time to Answer All Defendants. The parties' joint request to suspend any deadlines or time limitations for the filing of Defendants' responses to any in the above-noted actions until the Court rules on Defendants' Transfer Motion and until after a consolidated complaint is GRANTED. (Signed by Judge Alison J. Nathan on 3/23/2015) (kl) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/23/2015) 03/24/ MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Appoint Lead Plaintiff., MOTION to Consolidate Cases. Document filed by Justin Dice. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) [Transferred from New York Southern on

8 7/15/2015.] (Entered: 03/24/2015) 03/24/ MEMORANDUM OF LAW in Support re: 16 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Lead Plaintiff. MOTION to Consolidate Cases.. Document filed by Justin Dice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/24/2015) 04/07/ ORDER: The Court hereby schedules a conference to address the matters that have been raised. The conference will be held on Friday, May 15, 2015 at 11:30 a.m. Any party wishing to be heard on these issues shall submit letter briefing no later than Friday, April 24, (Status Conference set for 5/15/2015 at 11:30 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/6/2015) (kl) [Transferred from New York Southern on 7/15/2015.] (Entered: 04/07/2015) 04/14/ JOINT LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Lyle Roberts dated April 14, Document filed by John Baule, Channeladvisor Corporation, Justin Dice, David Spitz, Scot Wingo.(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 04/14/2015) 04/15/ ORDER granting in part and denying in part 19 Letter Motion to Adjourn Conference. The Court notes at the outset that the identical letters filed in both 15-CV-506 and 15-CV- 572 indicate that they are submitted on behalf of all the Defendants and Plaintiff Dice (the Plaintiff in 15-CV-506), but they do not indicate whether they are also submitted on behalf of Plaintiff Gracia (the Plaintiff in 15-CV-572). In light of the parties' joint letter, however, the Court adjourns the initial pretrial conference scheduled for May 8, 2015 in both 15-CV-506 and 15-CV-572, and it also adjourns the deadlines for the submissions required in advance of the initial pretrial conference. The hearing on the pending motions that is scheduled for May 15, 2015 is also adjourned, with the pending motions to be decided on submission. The April 24, 2015 deadline for letter briefs in opposition to the pending motions, however, is not adjourned. (Although both letters indicate that the motion is unopposed and that Plaintiff Dice has nothing to add, neither motion indicates whether Plaintiff Gracia similarly has nothing to add.) If no oppositions are received by that date, the Court will deem the pending motions fully briefed and will proceed to decide them. (Signed by Judge Alison J. Nathan on 4/14/2015) (kgo) [Transferred from New York Southern on 7/15/2015.] (Entered: 04/15/2015) 05/05/ ORDER CONSOLIDATING RELATED ACTIONS AND APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL: granting (16) Motion to Appoint Counsel ; granting (16) Motion to Appoint ; granting (16) Motion to Consolidate Cases 15-cv-506 (as Lead Case) with 15-cv-572 in case 1:15-cv AJN. IT IS HEREBY ORDERED THAT: The Securities Class Actions are consolidated for all purposes including, but not limited to, discovery, pretrial proceedings and trial proceedings pursuant to Fed. R. Civ. P. 42(a). The docket in Case No. 1 : 15-cv AJN shall constitute the Master Docket for this action. And as set forth herein. Pursuant to Section 21D (a)(3)(b) of the Exchange Act Justin Dice is appointed as Lead Plaintiff for the Class as he has the largest financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P. 23. Justin Dice's selection of counsel is approved, and accordingly, The Rosen Law Firm, P.A. is appointed Lead Counsel. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/05/2015) Filed In Associated Cases: 1:15-cv AJN, 1:15-cv AJN (ama) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/06/2015) 05/15/ MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District

9 Court for the Eastern District of North Carolina. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 Text of Proposed Order)(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/15/2015) 05/15/ MEMORANDUM OF LAW in Support re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/15/2015) 05/15/ DECLARATION of Diana Allen in Support re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/15/2015) 06/01/ NOTICE OF APPEARANCE by Erica Lauren Stone on behalf of Justin Dice. (Stone, Erica) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/01/2015) 06/01/ MEMORANDUM OF LAW in Opposition re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by Justin Dice. (Attachments: # 1 Declaration of Erica L. Stone, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Stone, Erica) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/01/2015) 06/01/ ORDER: No later than Wednesday, June 3, 2015, Plaintiffs shall submit a letter to the Court indicating that (1) they do not oppose the motion or (2) they oppose the motion. If the Plaintiffs oppose the motion, but do not intend to file an opposition brief, they shall so indicate; if the Plaintiffs oppose the motion and would like a deadline extension to file an opposition brief, they must demonstrate in their letter that their pursuit of this action has been diligent and that there is good cause for extending the deadline. If the Plaintiffs do not oppose the motion or if they fail to submit any letter to the Court by Wednesday, June 3, 2015, the Court will grant the motion as unopposed. (Signed by Judge Alison J. Nathan on 6/1/2015) (kgo) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/01/2015) 06/02/ LETTER addressed to Judge Alison J. Nathan from Erica L. Stone dated June 2, 2015 re: Order from June 1, 2015, Dkt. No. 27. Document filed by Justin Dice.(Stone, Erica) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/02/2015) 06/08/ RESPONSE in Support of Motion re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/08/2015) 07/02/ MEMORANDUM AND ORDER. For the reasons stated above, Defendants' motion to transfer this case to the Eastern District of North Carolina pursuant to 28 U.S.C. 1404(a) is GRANTED. This resolves Dkt. No. 22. The Clerk of Court is directed to transfer this case accordingly. Granting 22 Motion to Transfer Case. (Signed by Judge Alison J. Nathan on 7/2/2015) (rjm) [Transferred from New York Southern on 7/15/2015.] (Entered: 07/02/2015)

10 07/02/2015 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of North Carolina. (rjm) [Transferred from New York Southern on 7/15/2015.] (Entered: 07/09/2015) 07/15/ Case transferred in from District of New York Southern; Case Number 1:15-cv Original file certified copy of transfer order and docket sheet received. (Entered: 07/15/2015) 07/15/2015 Case Assigned to Senior Judge James C. Fox. (Rudd, D.) (Entered: 07/15/2015) 07/16/ Notice of Appearance filed by Donald H. Tucker, Jr on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Tucker, Donald) (Entered: 07/16/2015) 07/16/ Notice of Appearance filed by Clifton L. Brinson on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Brinson, Clifton) (Entered: 07/16/2015) 07/17/ NOTICE TO PARTIES Regarding Transfer of Case to the Eastern District of North Carolina. Copy sent to C. Brinson and D. Tucker via electronic notification and to all other attorneys via US Mail. (Grady, B.) (Entered: 07/17/2015) 07/17/2015 NOTICE TO COUNSEL - Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Grady, B.) (Entered: 07/17/2015) 07/20/ FINANCIAL DISCLOSURE STATEMENT by Channeladvisor Corporation. (Tucker, Donald) (Entered: 07/20/2015) 07/20/ FINANCIAL DISCLOSURE STATEMENT by David Spitz. (Tucker, Donald) (Entered: 07/20/2015) 07/20/ FINANCIAL DISCLOSURE STATEMENT by John Baule. (Tucker, Donald) (Entered: 07/20/2015) 07/20/ FINANCIAL DISCLOSURE STATEMENT by Scot Wingo. (Tucker, Donald) (Entered: 07/20/2015) 07/29/ Notice of Appearance filed by Lyle Roberts on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) (Entered: 07/29/2015) 07/29/ Notice of Appearance filed by George E. Anhang on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Anhang, George) (Entered: 07/29/2015) 07/29/ Notice of Appearance filed by Dana Moss on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Moss, Dana) (Entered: 07/29/2015) 07/31/ Notice of Appearance filed by Brooke Albert Howard on behalf of All Plaintiffs. (Howard, Brooke) (Entered: 07/31/2015) 07/31/ FINANCIAL DISCLOSURE STATEMENT by Justin Dice, David A. Garcia (Howard, Brooke) (Entered: 07/31/2015) 07/31/ Joint MOTION to Set Schedule for Filing of Lead Plaintiff's Consolidated Amended

11 Complaint and Defendants' Response Thereto filed by Justin Dice, David A. Garcia. (Attachments: # 1 Text of Proposed Order) (Howard, Brooke) (Entered: 07/31/2015) 07/31/2015 Notice to Counsel regarding: 42 Notice of Appearance - Attorney James Roberts will not receive electronic notifications for this case unless he files his own notice of appearance. See Section F(7) of the CM/ECF Policies and Procedures Manual for a detailed explanation. (Grady, B.) (Entered: 07/31/2015) 07/31/ Notice of Appearance filed by James A. Roberts, III on behalf of All Plaintiffs. (Roberts, James) (Entered: 07/31/2015) 08/03/2015 Motion Submitted to Senior Judge James C. Fox: 44 Joint MOTION to Set Schedule for Filing of Lead Plaintiff's Consolidated Amended Complaint and Defendants' Response Thereto. (Grady, B.) (Entered: 08/03/2015) 08/03/ Mail sent to Phillip Kim returned as undeliverable - 34 Notice. (Grady, B.) (Entered: 08/04/2015) 08/05/ ORDER granting 44 Joint Motion to Set Schedule for Filing of Lead Plaintiff's Consolidated Amended Complaint and Defendants' Response Thereto. WHEREFORE, it is hereby ORDERED that (i) Lead Plaintiff will file a Consolidated Amended Complaint not later than 8/27/2015; (ii) Defendants will file their Motion to Dismiss the Consolidated Amended Complaint not later than 9/28/2015; (iii) Lead Plaintiff will file an Opposition to Defendants' Motion to Dismiss not later than 10/28/2015; and (iv) Defendants will file their Reply in Support of the Motion to Dismiss not later than 11/17/2015.Signed by Senior Judge James C. Fox on 8/5/2015. (Grady, B.) (Entered: 08/05/2015) 08/18/ Notice of Appearance filed by Jacob A. Goldberg on behalf of Justin Dice. (Goldberg, Jacob) (Entered: 08/18/2015) 08/27/ AMENDED COMPLAINT Consolidated Amended Class Action Complaint for Violation of the Federal Securities Laws against All Defendants, filed by Justin Dice. (Attachments: # 1 Supplement PSLRA Certification of Justin Dice, # 2 Supplement PSLRA Certification of Faour Clement) (Goldberg, Jacob) (Entered: 08/27/2015) 09/28/ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) (Entered: 09/28/2015) 09/28/ Memorandum in Support regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) (Entered: 09/28/2015) 09/28/ Declaration regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Ex Form 10-K, # 3 Exhibit Ex Form 10- K, # 4 Exhibit Ex. 3 - Nov. 6, 2014 Press Release, # 5 Exhibit Ex. 4 - Nov. 6, 2014 Earnings Call Transcript, # 6 Exhibit Ex. 5 - Nov. 6, 2014 Form 10-Q, # 7 Exhibit Ex. 6 - Jan. 12, 2015 Press Release, # 8 Exhibit Ex. 7 - Jan. 12, 2015 Earnings Call Transcript) (Roberts, Lyle) (Entered: 09/28/2015) 09/28/ Notice filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo regarding 51 Memorandum in Support Appendix of Unpublished Cases. (Attachments: # 1

12 Exhibit Tab 1 - Bondali, # 2 Exhibit Tab 2 - Marsh, # 3 Exhibit Tab 3 - Witthohn) (Roberts, Lyle) (Entered: 09/28/2015) 10/28/ Memorandum in Opposition regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Justin Dice. (Attachments: # 1 Appendix of Unpublished Opinion) (Goldberg, Jacob) (Entered: 10/28/2015) 10/30/2015 REMINDER TO COUNSEL. Pursuant to Judge Fox's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of lengthy briefs, by mailing or delivering to the clerk's office in Wilmington. (Grady, B.) (Entered: 10/30/2015) 11/17/ REPLY to Response regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) Modified on 11/18/2015 to correct docket text. (Grady, B.) (Entered: 11/17/2015) 11/18/2015 Motion Submitted to Senior Judge James C. Fox: 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Grady, B.) (Entered: 11/18/2015) 04/06/ ORDER granting 50 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge James C. Fox on 4/6/2016. (Grady, B.) (Entered: 04/06/2016) 04/06/ JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Dismiss [DE-50] is ALLOWED. All claims against Defendants are DISMISSED. The Clerk of Court is DIRECTED to close this case. Signed by Deputy Clerk Jacqueline B. Grady on behalf of Julie Richards Johnston, Clerk of Court, on 4/6/2016. (Grady, B.) (Entered: 04/06/2016) 04/29/ Notice of Appeal filed by Justin Dice as to 56 Order on Motion to Dismiss for Failure to State a Claim, 57 Judgment,. Filing fee, receipt number (Goldberg, Jacob) (Entered: 04/29/2016) 05/02/ Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 58 Notice of Appeal. (Tripp, S.) (Entered: 05/02/2016) 05/03/ US Court of Appeals Case Number (Anisha Walker, Case Manager) as to 58 Notice of Appeal filed by Justin Dice. (Tripp, S.) (Entered: 05/03/2016) 11/30/ Unpublished Opinion from Fourth Circuit Court of Appeals. AFFIRMED. (Castania, M.) (Entered: 11/30/2016) 11/30/ US Court of Appeals Judgment as to 58 Notice of Appeal filed by Justin Dice. (Castania, M.) (Entered: 11/30/2016) 12/22/ MANDATE of US Court of Appeals (certified copy) as to 58 Notice of Appeal filed by Justin Dice - The judgment of this court, entered 11/30/2016, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Tripp, S.) (Entered: 12/22/2016) 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