U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:13-cv N

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1 US District Court Civil Docket as of November 13, 2013 Retrieved from the court on November 19, 2013 U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:13-cv N Shaffer v. Digital Generation, Inc. et al Assigned to: Judge David C Godbey Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 05/02/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Anastacia Shaffer Individually and on Behalf of All Others Similarly Situated represented by Jeremy Alan Lieberman Pomerantz Grossman Hufford Dahlstrom & Gross LLP 600 Third Avenue 20th Floor New York, NY / Fax: 212/ jalieberman@pomlaw.com Laurence Rosen The Rosen Law Firm 275 Madison Avenue 34th Floor New York, NY / Fax: 212/ lrosen@rosenlegal.com Marc I Gross Pomerantz Haudek Block Grossman & Gross 100 Park Avenue 26th Floor New York, NY / Patrick V Dahlstrom Pomerantz Haudek Block Grossman &

2 Gross One N LaSalle St Suite 2225 Chicago, IL / Phillip Kim The Rosen Law Firm 275 Madison Avenue 34th Floor New York, NY Fax: pkim@rosenlegal.com Sammy Ford, IV Abraham, Watkins, Nichols, Sorrels, Agosto & Friend 800 Commerce Street Houston, TX Fax: sford@abrahamwatkins.com TERMINATED: 11/01/2013 Sandy A Liebhard Bernstein Liebhart & Lifshitz 10 East 40th Street New York, NY / Sara E Fuks The Rosen Law Firm PC 275 Madison Avenue 34th Floor New York, NY / sfuks@rosenlegal.com Thomas E Bilek The Bilek Law Firm LLP 700 Louisiana Suite 3950

3 Houston, TX / Fax: 713/ Plaintiff Robert M Lowinger represented by Thomas E Bilek Jeffrey Michael Haber Bernstein Leibhard LLP 10 East 40th Street New York, NY / haber@bernlieb.com Laurence Jesse Hasson Bernstein Leibhard LLP 10 East 40th Street New York, NY / lhasson@bernlieb.com Theodore Carl Anderson, III Kilgore Law Center 3109 Carlisle Suite 200 Dallas, TX / Fax: 214/ tca@kilgorelaw.com V. Defendant Digital Generation Inc represented by John C Wander Vinson & Elkins 2001 Ross Avenue

4 Suite 3700 Dallas, TX / Fax: 214/ FAX Jeff G Hammel Latham & Watkins LLP 885 Third Avenue New York, NY / Fax: 212/ jeff.hammel@lw.com John S Cooper Latham & Watkins LLP 555 Eleventh Street NW Suite 1000 Washington, DC / john.cooper@lw.com Joseph M Bargnesi Latham & Watkins LLP 555 Eleventh Street NW Suite 1000 Washington, DC / Fax: 202/ joseph.bargnesi@lw.com Kevin H Metz Latham & Watkins LLP 555 Eleventh St NW Suite 1000 Washington, DC / kevin.metz@lw.com

5 Kimberly Rae McCoy Vinson & Elkins LLP 2001 Ross Avenue Suite 3700 Dallas, TX / Fax: 214/ Marissa A Wilson Vinson & Elkins 2001 Ross Avenue Suite 3700 Dallas, TX / Fax: 214/ mwilson@velaw.com Sean M Berkowitz Latham & Watkins LLP 233 South Wacker Drive Suite 5800 Chicago, IL / sean.berkowitz@lw.com Defendant Neil Nguyen represented by John C Wander Jeff G Hammel John S Cooper

6 Joseph M Bargnesi Kevin H Metz Kimberly Rae McCoy Marissa A Wilson Sean M Berkowitz Defendant Scott K Ginsburg represented by John C Wander Jeff G Hammel John S Cooper Joseph M Bargnesi

7 Kevin H Metz Kimberly Rae McCoy Marissa A Wilson Sean M Berkowitz Defendant Omar Choucair represented by Karl G Dial Fulbright & Jaworski LLP 2200 Ross Ave Suite 2800 Dallas, TX / Fax: 214/ karl.dial@nortonrosefulbright.com Casey Lee Moore Fulbright & Jaworski 2200 Ross Ave Suite 2800 Dallas, TX / Fax: 214/ casey.moore@nortonrosefulbright.com

8 Defendant Craig Holmes represented by John C Wander Jeff G Hammel John S Cooper Joseph M Bargnesi Kevin H Metz Kimberly Rae McCoy Marissa A Wilson Sean M Berkowitz V. Movant Ali Alavi represented by Jeremy Alan Lieberman

9 Laurence Rosen Marc I Gross Patrick V Dahlstrom Sammy Ford, IV TERMINATED: 11/01/2013 Sara E Fuks Date Filed # Docket Text 05/02/ COMPLAINT WITH JURY DEMAND against All Defendants filed by Anastacia Shaffer. (Filing fee $400; Receipt number ) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s) Certification of Anastacio Shaffer) (Ford, Sammy) (Entered: 05/02/2013) 05/02/ CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anastacia Shaffer identifying Corporate Parent/Other Affiliate Digital Generation, Inc. for Anastacia Shaffer. (Ford, Sammy) (Entered: 05/02/2013) 05/02/ New Case Notes: A filing fee has been paid. File to Judge Godbey. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received

10 FI I electronically. (axm) (Entered: 05/02/2013) 05/02/ Summons Issued as to Omar Choucair, Digital Generation Inc, Scott K Ginsburg, Neil Nguyen. (axm) (Entered: 05/02/2013) 05/02/ ADDITIONAL ATTACHMENTS to 1 Complaint (Civil Cover Sheet) by Plaintiff Anastacia Shaffer. (Ford, Sammy) Modified text on 5/3/2013 (tla). (Entered: 05/02/2013) 07/01/ STIPULATION and Proposed Initial Case Management Plan and Scheduling Order by Digital Generation Inc, Scott K Ginsburg, Neil Nguyen, Anastacia Shaffer, Omar Choucair, Craig Holmes (Attachments: # 1 Proposed Order) (McCoy, Kimberly) Modified on 7/2/2013 (aaa). (Entered: 07/01/2013) 07/01/ NOTICE of Motion of Robert M. Lowinger for Appointment as Lead Plaintiff and for Approval of His Selection of Lead Counsel filed by Anastacia Shaffer (Attachments: # 1 Proposed order) (Bilek, Thomas) Modified event type on 9/19/2013 (jkm). (Entered: 07/01/2013) 07/01/ Brief/Memorandum in Support filed by Anastacia Shaffer re 7 Notice (Other) (Bilek, Thomas) (Entered: 07/01/2013) 07/01/ AFFIDAVIT re 8 Brief/Memorandum in Support of Motion, 7 Notice (Other) Declaration of Joseph R. Seidman, Jr. by Anastacia Shaffer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Bilek, Thomas) (Entered: 07/01/2013) 07/01/ NOTICE of Motion and MOTION of Ali Alavi for Appointment as Lead Plaintiff and Approval of Lead Counsel. (Attachments: # 1 Proposed Order Proposed Order). (Ford, Sammy) Modified event type on 9/19/2013 (jkm). (Entered: 07/01/2013) 07/01/ Brief/Memorandum in Support filed by Ali Alavi re 10 Notice (Other) and Motion for Appointment of Lead Plaintiff (Attachments: # 1 Declaration(s) Declaration of Sammy Ford, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C, # 5 Exhibit(s) Exhibit D, # 6 Exhibit(s) Exhibit E, # 7 Exhibit(s) Exhibit F) (Ford, Sammy) (Entered: 07/01/2013) 07/02/ Summons Issued as to Craig Holmes. (axm) (Entered: 07/02/2013) 07/16/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeff G Hammel (Filing fee $25; Receipt number #67705) filed by Omar Choucair, Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/16/2013) 07/16/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney John S Cooper (Filing fee $25; Receipt number #67705) filed by Omar Choucair, Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/16/2013) 07/16/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Sean M Berkowitz (Filing fee $25; Receipt number 67705) filed by Omar Choucair, Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/16/2013)

11 07/16/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Joseph M Bargnesi (Filing fee $25; Receipt number #67705) filed by Omar Choucair, Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/16/2013) 07/16/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kevin H Metz (Filing fee $25; Receipt number 67705) filed by Omar Choucair, Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/16/2013) 07/17/ Revised Application for Admission Pro Hac Vice for Attorney Jeff G Hammel (Filing fee $25; Receipt number #67705) (Amending 13 Application, atty does not represent dft Omar Choucair); see 13 for Certificate of Good Standing.) filed by Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/17/2013) 07/17/ Revised Application for Admission Pro Hac Vice for Attorney John S Cooper (Filing fee $25; Receipt number #67705) (Amending 14 Application, atty does not represent dft Omar Choucair; see 14 for Certificate of Good Standing.) filed by Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/17/2013) 07/17/ Revised Application for Admission Pro Hac Vice for Attorney Sean M Berkowitz (Filing fee $25; Receipt number #67705) (Amending 15 Application, atty does not represent dft Omar Choucair; see 15 for Certificate of Good Standing.) filed by Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/17/2013) 07/17/ Revised Application for Admission Pro Hac Vice for Attorney Joseph M Bargnesi (Filing fee $25; Receipt number #67705) (Amending 16 Application, atty does not represent dft Omar Choucair; see 16 for Certificate of Good Standing.) filed by Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/17/2013) 07/17/ Revised Application for Admission Pro Hac Vice for Attorney Kevin H Metz (Filing fee $25; Receipt number #67705) (Amending 17 Application, atty does not represent dft Omar Choucair; see 17 for Certificate of Good Standing.) filed by Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (twd) (Entered: 07/17/2013) 07/17/ ELECTRONIC ORDER granting 18 Revised Application for Admission Pro Hac Vice of Jeff G Hammel. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 7/17/2013) (twd) (Entered: 07/19/2013) 07/17/ ELECTRONIC ORDER granting 19 Revised Application for Admission Pro Hac Vice for Attorney John S Cooper. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 7/17/2013) (twd) (Entered: 07/19/2013) 07/17/ ELECTRONIC ORDER granting 20 Revised Application for Admission Pro Hac Vice for Attorney Sean M Berkowitz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 7/17/2013)

12 (twd) (Entered: 07/19/2013) 07/17/ ELECTRONIC ORDER granting 21 Revised Application for Admission Pro Hac Vice for Attorney Joseph M Bargnesi. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 7/17/2013) (twd) (Entered: 07/19/2013) 07/17/ ELECTRONIC ORDER granting 22 Revised Application for Admission Pro Hac Vice for Attorney Kevin H Metz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 7/17/2013) (twd) (Entered: 07/19/2013) 07/22/ Brief/Memorandum in Support filed by Ali Alavi re 10 MOTION to Appoint Counsel (Ford, Sammy) (Entered: 07/22/2013) 07/22/ Brief/Memorandum in Support filed by Anastacia Shaffer re 8 Brief/Memorandum in Support of Motion, 7 MOTION to Appoint Counsel, 9 Affidavit, of Robert M. Lowinger's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel in in Opposition to Competing Motion of Ali Alavi (Attachments: # 1 Exhibit - Zillow opinion) (Bilek, Thomas) (Entered: 07/22/2013) 07/23/ CERTIFICATE OF SERVICE by Ali Alavi re 28 Brief/Memorandum in Support of Motion by Ali Alavi for Appointment as Lead Plaintiff, Approval of Counsel, and in Opposition to the Competing Lead Plaintiff Motion (Ford, Sammy) (Entered: 07/23/2013) 08/05/ REPLY filed by Anastacia Shaffer re: 10 MOTION to Appoint Counsel (Ford, Sammy) (Entered: 08/05/2013) 08/05/ REPLY filed by Anastacia Shaffer re: 7 MOTION to Appoint Counsel (Bilek, Thomas) (Entered: 08/05/2013) 08/06/ CERTIFICATE OF SERVICE by Robert M Lowinger re 32 Reply, 29 Brief/Memorandum in Support of Motion, (Bilek, Thomas) (Entered: 08/06/2013) 08/08/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeremy A. Lieberman (Filing fee $25; Receipt number ) filed by Ali Alavi, Anastacia Shaffer (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Lieberman, Jeremy) (Entered: 08/08/2013) 08/12/ ELECTRONIC ORDER granting 34 Application for Admission Pro Hac Vice of Jeremy A. Lieberman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 8/12/2013) (chmb) (Entered: 08/12/2013) 08/30/ ORDER REGARDING STIPULATION AND PROPOSED INITIAL CASE MANAGEMENT PLAN AND SCHEDULING ORDER. (Ordered by Judge David C Godbey on 8/30/2013) (axm) (Entered: 08/30/2013) 09/18/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Sara E. Fuks (Filing fee $25; Receipt number ) filed by Ali Alavi, Anastacia Shaffer (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Ford, Sammy) (Entered: 09/18/2013)

13 09/19/ ORDER: The Court grants Robert M. Lowinger's 7 motion for appointment as lead plaintiff and denies Ali Alavi's motion for appointment as lead plaintiff. Bernstein Liebhard LLP is appointed lead counsel.the Court orders Bernstein Liebhard to submit within thirty days of the date of thisorder: (1) an agreed proposed scheduling order (or, if no agreement can be reached, separate proposals), and (2) a recommendation for liaison counsel with an office in the Dallas Division of the Northern District of Texas and a proposed fee agreement. Additionally also due within the same thirty days the Court will consider, if desired, (3) a proposal from Bernstein Liebhard regarding Bilek Law Firm, L.L.P.'s doing substantive work in this case as co-lead counsel. (Ordered by Judge David C Godbey on 9/19/2013) (ndt) (Entered: 09/19/2013) 09/23/ ELECTRONIC ORDER granting 37 Application for Admission Pro Hac Vice of Sara E. Fuks. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 9/23/2013) (chmb) (Entered: 09/23/2013) 10/14/ STIPULATION Stipulation and Proposed Case Management Plan and Scheduling Order by Omar Choucair, Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Robert M Lowinger, Neil Nguyen, Anastacia Shaffer. (Wander, John) (Entered: 10/14/2013) 10/15/ MOTION to Appoint Counsel filed by Robert M Lowinger (Attachments: # 1 Declaration(s), # 2 Exhibit(s)) (Anderson, Theodore) (Entered: 10/15/2013) 10/15/ Brief/Memorandum in Support filed by Robert M Lowinger re 41 MOTION to Appoint Counsel (Anderson, Theodore) (Entered: 10/15/2013) 10/18/ Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number ) filed by Robert M Lowinger (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Hasson, Laurence) (Entered: 10/18/2013) 10/18/ Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey M. Haber (Filing fee $25; Receipt number ) filed by Robert M Lowinger (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Hasson, Laurence) (Entered: 10/18/2013) 10/25/ ELECTRONIC ORDER granting 44 Application for Admission Pro Hac Vice of Laurence Jesse Hasson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 10/25/2013) (chmb) (Entered: 10/25/2013) 10/25/ ELECTRONIC ORDER granting 45 Application for Admission Pro Hac Vice of Jeffrey M. Haber. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 10/25/2013) (chmb) (Entered: 10/25/2013) 10/25/ STIPULATION AND CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Complaint due by 12/6/2013. Motion(s) to Dismiss or Other Response to the Amended Complaint due by 2/4/2014. Response to Defendants' Motion(s) to Dismiss due by 4/7/2014. Replies due by 5/7/2014. (Ordered by Judge David C Godbey on 10/25/2013) (jrr) (Entered: 10/25/2013)

14 10/25/2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Fri Oct 25 16:03:46 CDT 2013 (crt) (Entered: 10/25/2013) 10/25/2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Fri Oct 25 16:03:52 CDT 2013 (crt) (Entered: 10/25/2013) 10/28/ MOTION to Withdraw as Attorney Sammy Ford IV filed by Anastacia Shaffer (Attachments: # 1 Proposed Order) (Ford, Sammy) (Entered: 10/28/2013) 11/01/ Order on 49 Motion to Withdraw: The Court, having considered the Motion and argument of counsel, hereby GRANTS the Motion to Withdraw. It is ORDERED that Abraham, Watkins, Nichols, Sorrels, Agosto & Friend be removed as counsel of record and be removed from the ECF distribution list in this case. (Ordered by Judge David C Godbey on 11/1/2013) (ctf) (Entered: 11/01/2013) 11/06/ ORDER re: 41 MOTION to Appoint Kilgore + Kilgore as local counsel. The Court appoints Theodore Carl Anderson of the firm Kilgore + Kilgore as liaison counsel for Lead Plaintiff and the proposed class. (Ordered by Judge David C Godbey on 11/6/2013) (ctf) (Entered: 11/06/2013) 11/13/ NOTICE of Attorney Appearance by Marissa A Wilson on behalf of Digital Generation Inc, Scott K Ginsburg, Craig Holmes, Neil Nguyen. (Filer confirms contact info in ECF is current.) (Wilson, Marissa) (Entered: 11/13/2013) 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