U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:09-cv MMB

Transcription

1 US District Court Civil Docket as of February 17, 2012 Retrieved from the court on February 21, 2012 U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:09-cv MMB Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund et al v. Swanson et al Assigned to: Judge Michael M. Baylson Member case: (View Member Case) Related Cases: 1:09-cv MMB 1:09-cv MMB 1:09-cv MMB Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/23/2009 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund represented by Peter Bradford deleeuw Rosenthal, Monhait & Goddess, P.A. Mellon Bank Center, Suite 1401 P.O. Box Market Street Wilmington, DE (302) LEAD ATTORNEY Plaintiff Private Scavenger and Garage Attendants Pension Trust Fund and Textile Maintenance and Laundry Craft Pension Fund Individually and on Behalf of All Others Similarly Situated represented by Peter Bradford deleeuw LEAD ATTORNEY Plaintiff Donald B. Biggerstaff represented by Brian D. Long Rigrodsky & Long, P.A. 919 N. Market Street, Suite 980 Wilmington, DE (302) Fax: (302) LEAD ATTORNEY

2 Plaintiff Mr. Zhengxu He Lead Plaintiff, individually and as Trustee for the Fe & Fang 2005 Revocable Living Trust represented by Peter Bradford deleeuw LEAD ATTORNEY David J. George PRO HAC VICE Jessica Zeldin Rosenthal, Monhait & Goddess, P.A. Mellon Bank Center, Suite 1401 P.O. Box Market Street Wilmington, DE (302) Fax: (302) Joy A. Bull PRO HAC VICE Kathleen L. Barber PRO HAC VICE Robert J. Robbins PRO HAC VICE Plaintiff Marc Saggese represented by A. Zachary Naylor Chimicles & Tikellis, LLP 222 Delaware Avenue, 11th Floor P.O. Box 1035 Wilmington, DE (302) Fax: (302)

3 Plaintiff Vincent Vitale represented by Laina M. Herbert Prickett, Jones & Elliott, P.A King St. P.O. Box 1328 Wilmington, DE (302) V. Defendant David C. Swanson represented by Raymond J. DiCamillo Richards, Layton & Finger, PA One Rodney Square 920 N. King Street Wilmington, DE (302) LEAD ATTORNEY Christopher A. Ripple PRO HAC VICE Colleen M. Kenney PRO HAC VICE David F. Graham PRO HAC VICE James W. Ducayet Pro Hac Vice Laura D. Hatcher Richards, Layton & Finger, PA One Rodney Square

4 920 N. King Street Wilmington, DE Defendant George F. Bednarz represented by Raymond J. DiCamillo LEAD ATTORNEY Laura D. Hatcher Defendant Steven M. Blondy represented by Raymond J. DiCamillo LEAD ATTORNEY Laura D. Hatcher Defendant R. Barry Sauder represented by Laura D. Hatcher Raymond J. DiCamillo Defendant Peter J. McDonald represented by Laura D. Hatcher Movant Michael L. Buonpane represented by A. Zachary Naylor

5 Movant Dennis Janssen represented by Laina M. Herbert Date Filed # Docket Text 10/23/ COMPLAINT filed with Jury Demand against David C. Swanson, George F. Bednarz, Steven M. Blondy - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number ) - filed by Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund, Private Scavenger and Garage Attendants Pension Trust Fund and Textile Maintenance and Laundry Craft Pension Fund. (Attachments: # 1 Certification of Named Plaintiff, # 2 Civil Cover Sheet)(ksr) (Entered: 10/26/2009) 10/23/ Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (ksr) (Entered: 10/26/2009) 10/23/2009 No Summons Issued (ksr) (Entered: 10/26/2009) 10/26/2009 Summons Issued as to David C. Swanson on 10/26/2009; George F. Bednarz on 10/26/2009; Steven M. Blondy on 10/26/2009. (rwc) (Entered: 10/26/2009) 11/04/2009 Case assigned to Judge Michael M. Baylson of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MMB) after the case number on all documents filed. (bkb) (Entered: 11/04/2009) 11/24/ STIPULATION and Proposed Order regarding Plaintiffs serving and filing Consolidated Complaint and Defendants' response by George F. Bednarz, Steven M. Blondy, David C. Swanson. (Hatcher, Laura) (Entered: 11/24/2009) 12/09/2009 SO ORDERED, re (3 in 1:09-cv MMB) Stipulation filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, (9 in 1:09-cv MMB) Stipulation filed by David C. Swanson, George F. Bednarz, Barry Sauder, Steven M. Blondy, (7 in 1:09-cv MMB) Stipulation filed by David C. Swanson, Steven M. Blondy, R. Barry Sauder, (11 in 1:09-cv MMB) Stipulation filed by David C. Swanson, George F. Bednarz, Steven M. Blondy. Signed by Judge Michael M. Baylson on 12/4/09. (rwc) (Entered: 12/09/2009) 12/22/ MOTION for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel - filed by Michael L. Buonpane. (Attachments: # 1 Text of Proposed Order)(Naylor, A.) Modified on 8/30/2010 (nms). (Entered: 12/22/2009) 12/22/ OPENING BRIEF in Support re 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel filed by Michael L. Buonpane.Answering Brief/Response due date per Local Rules is 1/8/2010. (Naylor, A.) (Entered: 12/22/2009) 12/22/ DECLARATION re (4 in 1:09-cv MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, (8 in 1:09-cv MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, (13 in 1:09-cv

6 MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, (14 in 1:09-cv MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel by Michael L. Buonpane. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-5)(Naylor, A.) (Entered: 12/22/2009) 12/22/ MOTION for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel - filed by Donald B. Biggerstaff. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Long, Brian) Modified on 8/30/2010 (nms). (Entered: 12/22/2009) 12/22/ OPENING BRIEF in Support re 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel filed by Donald B. Biggerstaff.Answering Brief/Response due date per Local Rules is 1/8/2010. (Attachments: # 1 Certificate of Service)(Long, Brian) (Entered: 12/22/2009) 12/22/ DECLARATION re 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 8 Opening Brief in Support,, Declaration of Timothy J. MacFall In Support of the Motion to Consolidate the Related Actions, Appoint Lead Plaintiff, and to Approve Lead Plaintiff's Choice of Counsel by Donald B. Biggerstaff. (Attachments: # 1 Exhibits A-E, # 2 Certificate of Service)(Long, Brian) (Entered: 12/22/2009) 12/22/ Disclosure Statement pursuant to Rule 7.1 filed by Donald B. Biggerstaff. (Attachments: # 1 Certificate of Service)(Long, Brian) (Entered: 12/22/2009) 12/22/ MOTION for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel - filed by Dennis Janssen. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Herbert, Laina) Modified on 8/30/2010 (nms). (Entered: 12/22/2009) 12/22/ OPENING BRIEF in Support re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel Memorandum of Law in Support of Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel filed by Dennis Janssen.Answering Brief/Response due date per Local Rules is 1/8/2010. (Attachments: # 1 Certificate of Service)(Herbert, Laina) (Entered: 12/22/2009) 12/22/ DECLARATION re (16 in 1:09-cv MMB) Opening Brief in Support,, (21 in 1:09- cv mmb, 20 in 1:09-cv MMB, 15 in 1:09-cv MMB, 11 in 1:09-cv MMB) MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, (12 in 1:09-cv MMB) Opening Brief in Support,, (21 in 1:09-cv MMB) Opening Brief in Support,, (22 in 1:09-cv MMB) Opening Brief in Support,, Declaration of Laina M. Herbert in Support of Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel by Dennis

7 Janssen. (Attachments: # 1 Exhibits A and B, # 2 Exhibit C, # 3 Exhibits D and E, # 4 Certificate of Service)(Herbert, Laina) (Entered: 12/22/2009) 12/22/ MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) - filed by Zhengxu He. (Attachments: # 1 Notice of Motion (Zhengxu Hes Notice Of Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel), # 2 Text of Proposed Order ([Proposed] Order Granting Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel))(deLeeuw, Peter) (Entered: 12/22/2009) 12/22/ DECLARATION re (23 in 1:09-cv MMB, 24 in 1:09-cv MMB, 18 in 1:09- cv mmb, 14 in 1:09-cv MMB) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) (Declaration Of Brian OMara In Support Of Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel) by Zhengxu He. (Attachments: # 1 Exhibit A - Notice of Pendency of Class Action published by Business Wire, a national business-oriented wire service, dated October 23, 2009, # 2 Exhibit B - Movants Sworn Certification, # 3 Exhibit C - Movants Chart of Purchases and Losses, # 4 Exhibit D - Firm rsum of Coughlin Stoia Geller Rudman & Robbins LLP)(deLeeuw, Peter) (Entered: 12/22/2009) 12/22/ OPENING BRIEF in Support re 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) (Opening Brief In Support Of Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel) filed by Zhengxu He.Answering Brief/Response due date per Local Rules is 1/8/2010. (deleeuw, Peter) (Entered: 12/22/2009) 12/23/ NOTICE of Appearance by Raymond J. DiCamillo on behalf of George F. Bednarz, Steven M. Blondy, Barry Sauder, David C. Swanson, R. Barry Sauder (DiCamillo, Raymond) (Entered: 12/23/2009) 12/23/ NOTICE of Appearance by Laura D. Hatcher on behalf of George F. Bednarz, Steven M. Blondy, Barry Sauder, David C. Swanson, R. Barry Sauder (Hatcher, Laura) (Entered: 12/23/2009) 01/08/ RESPONSE to Motion re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead

8 Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) filed by Michael L. Buonpane. (Attachments: # 1 Certificate of Service)(Adams, Meghan) (Entered: 01/08/2010) 01/08/ ANSWERING BRIEF in Opposition re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) (Zhengxu Hes Memorandum Of Law In Opposition To The Competing Motions For Consolidation, Appointment As Lead Plaintiff, And Approval Of Selection Of Counsel) filed by Zhengxu He.Reply Brief due date per Local Rules is 1/19/2010. (deleeuw, Peter) (Entered: 01/08/2010) 01/19/ REPLY BRIEF re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule Statement) (Zhengxu Hes Reply Memorandum Of Law In Further Support Of His Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel) filed by Zhengxu He. (deleeuw, Peter) (Entered: 01/19/2010) 03/26/ NOTICE of Firm Name Change by Zhengxu He (deleeuw, Peter) (Entered: 03/26/2010) 05/25/2010 NOTICE RE COURTESY COPIES: Please note that in cases assigned to Visiting Judges, courtesy copies of electronically filed documents should be sent to the chambers of the Visiting Judge unless otherwise directed. The courtesy copies of documents not filed electronically should also be sent to the chambers of the Visiting Judge. The originals of the non-electronic documents (sealed documents, oversized documents, etc.) should be filed in the Clerks Office in the District of Delaware. (rwc) (Entered: 05/25/2010)

9 06/07/ NOTICE - Setting Deadlines/Hearings ( Oral Argument set for 6/21/ :00 PM before Judge Michael M. Baylson.) (rwc) (Entered: 06/07/2010) 06/09/ MOTION for Pro Hac Vice Appearance of Attorney Brian O. O'Mara - filed by Zhengxu He. (deleeuw, Peter) (Entered: 06/09/2010) 06/10/ MOTION for Pro Hac Vice Appearance of Attorney Robert J. Robbins - filed by Zhengxu He. (deleeuw, Peter) (Entered: 06/10/2010) 06/10/2010 SO ORDERED, re 25 MOTION for Pro Hac Vice Appearance of Attorney Robert J. Robbins filed by Zhengxu He, 24 MOTION for Pro Hac Vice Appearance of Attorney Brian O. O'Mara filed by Zhengxu He. Signed by Judge Michael M. Baylson on 6/10/10. (rwc) (Entered: 06/11/2010) 06/14/ NOTICE of WITHDRAWAL re 11 MOTION for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel. (Herbert, Laina) Modified on 8/30/2010 (nms). (Entered: 06/14/2010) 06/17/ NOTICE of WITHDRAWAL re 7 MOTION for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel. (Long, Brian) Modified on 8/30/2010 (nms). (Entered: 06/17/2010) 06/21/2010 Minute Entry for proceedings held before Judge Michael M. Baylson - Oral Argument held on 6/21/2010. (Court Reporter Milahn Hull.) (ntl) (Entered: 06/25/2010) 06/22/ ORDER - granting (14) Motion to Consolidate Cases in case 1:09-cv MMB; granting (18) Motion to Consolidate Cases in case 1:09-cv MMB; granting (23) Motion to Consolidate Cases in case 1:09-cv MMB; granting (24) Motion to Consolidate Cases in case 1:09-cv MMB. (ALL FUTURE FILINGS SHALL BE MADE IN THE LEAD CASE CA MMB ONLY). Signed by Judge Michael M. Baylson on 6/17/10. (rwc) (Entered: 06/22/2010) 06/22/2010 Remark: The Docket Clerk modified the rolls of the following parties, He, Biggerstaff, Saggese and Vitale in accordance with the Consolidation Order (DI# 28) and their specific roles in the member cases. (rwc) (Entered: 06/22/2010) 07/29/ Amended STIPULATION TO EXTEND TIME (and Proposed Order) of Consolidated Complaint to August 19, 2010; and thereafter the parties will submit a proposed schedule on defendants' anticipated motion to dismiss within fourteen (14) days of the filing of the consolidated complaint - filed by Zhengxu He. (Zeldin, Jessica) (Entered: 07/29/2010) 08/06/2010 SO ORDERED, re 29 Amended STIPULATION and Proposed Order TO EXTEND TIME re Consolidated Complaint to August 19, 2010; and thereafter the parties will submit a proposed schedule on defendants' anticipated motion to dismiss within fourteen (14) days of the filing of Amended Complaint, filed by Zhengxu He. Signed by Judge Michael M. Baylson on 8/6/10. (rwc) Modified on 8/30/2010 (nms). (Entered: 08/06/2010) 08/19/ AMENDED COMPLAINT : CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against George F. Bednarz, Steven M. Blondy, David C. Swanson- filed by Zhengxu He. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(deLeeuw, Peter) (Entered: 08/19/2010) 08/30/ MOTION for Pro Hac Vice Appearance of Attorney David F. Graham, James W. Ducayet and Christopher A. Ripple - filed by George F. Bednarz, Steven M. Blondy, David C.

10 Swanson. (Attachments: # 1 Certification by David F. Graham, # 2 Certification by James W. Ducayet, # 3 Certification by Christopher A. Ripple)(Hatcher, Laura) (Entered: 08/30/2010) 08/31/ STIPULATION regarding briefing schedule by George F. Bednarz, Steven M. Blondy. (Hatcher, Laura) (Entered: 08/31/2010) 09/02/2010 SO ORDERED, re 31 MOTION for Pro Hac Vice Appearance of Attorney David F. Graham, James W. Ducayet and Christopher A. Ripple filed by David C. Swanson, George F. Bednarz, Steven M. Blondy. Signed by Judge Michael M. Baylson on 9/2/10. (rwc) (Entered: 09/02/2010) 09/15/ ORDER setting briefing schedule; Defendants shall file their Motion to Dismiss in response to Plaintiff's Amended Complaint on or before 10/13/2010 with Opening Brief due on or before 10/13/2010. Answering Brief due 12/13/2010. Reply Brief due 1/28/ Signed by Judge Michael M. Baylson on 9/10/2010. (dlk) (Entered: 09/16/2010) 10/04/ STIPULATION to extend due dates of briefs (see 33 Order Setting Briefing Schedule), by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (DiCamillo, Raymond) Modified on 10/5/2010 (nms). (Entered: 10/04/2010) 10/04/ STIPULATION to set page limits on briefs re 34 Stipulation by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (DiCamillo, Raymond) (Entered: 10/04/2010) 10/05/2010 SO ORDERED,D.I. 34 Stipulation regarding filing date and briefing schedule for Motion To Dismiss filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder. Signed by Judge Michael M. Baylson on 10/4/2010. (dlk) (Entered: 10/05/2010) 10/12/ Amended STIPULATION To Set Page Limits (see original 35 Stipulation), by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (DiCamillo, Raymond) Modified on 10/13/2010 (nms). (Entered: 10/12/2010) 10/14/2010 SO ORDERED D.I. 36 Stipulation filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder. Signed by Judge Michael M. Baylson on 10/14/2010. (dlk) (Entered: 10/14/2010) 10/27/ STIPULATION TO EXTEND TIME for Defendants' Motion to Dismiss the Consolidated Class Action Complaint (and related briefing) to November 10, filed by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) (Entered: 10/27/2010) 11/02/ SO ORDERED,D.I. 37 STIPULATION TO EXTEND TIME for Defendants' Motion to Dismiss the Consolidated Class Action Complaint (and related briefing) to November 10, 2010 filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder. Plaintiff's Responsive brief shall be filed by 1/19/2011. Defendants' Reply Brief shall be filed by March 2, Signed by Judge Michael M. Baylson on 11/2/2010. (dlk) (Entered: 11/02/2010) 11/09/2010 Pro Hac Vice Attorney Christopher A. Ripple,James W. Ducayet,David F. Graham for David C. Swanson added for electronic noticing. (els) (Entered: 11/09/2010) 11/10/ MOTION to Dismiss Consolidated Class Action Complaint - filed by George F. Bednarz, Steven M. Blondy. (Attachments: # 1 Text of Proposed Order)(Hatcher, Laura) Modified

11 on 11/12/2010 (nms). (Entered: 11/10/2010) 11/10/ OPENING BRIEF in Support re 39 MOTION to Dismiss Consolidated Class Action Complaint, filed by George F. Bednarz, Steven M. Blondy.Answering Brief/Response due date per Local Rules is 11/29/2010. (Hatcher, Laura) Modified on 11/12/2010 (nms). (Entered: 11/10/2010) 11/10/ DECLARATION of James W. Ducayet re 40 Opening Brief in Support, by George F. Bednarz, Steven M. Blondy. (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2, # 3 Exhibit 3-4, # 4 Exhibit 5-13, # 5 Exhibit 14, Part 1, # 6 Exhibit 14, Part 2, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 17, # 10 Exhibit 18, # 11 Exhibit A, # 12 Exhibit B, # 13 Exhibit 2)(Hatcher, Laura) Modified on 11/12/2010 (nms). (Entered: 11/10/2010) 01/19/ ANSWERING BRIEF in Opposition re 39 MOTION To Dismiss Plaintiff's Consolidated Class Action Complaint, filed by Zhengxu He. Reply Brief due date per Local Rules is 1/31/2011. (deleeuw, Peter) Modified on 1/20/2011 (nms). (Entered: 01/19/2011) 02/23/ STIPULATION TO EXTEND TIME for Defendants to file and serve reply brief in support of Defendants' Motion to Dismiss the Consolidated Class Action Complaint to March 14, filed by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) (Entered: 02/23/2011) 03/01/ SO ORDERED D.I. 43 STIPULATION TO EXTEND TIME for Defendants to file and serve reply brief in support of Defendants' Motion to Dismiss the Consolidated Class Action Complaint to March 14, 2011 filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder, Set Briefing Schedule: re 39 MOTION to Dismiss for Failure to State a Claim (Defendants' Motion To Dismiss Plaintiff's Consolidated Class Action Complaint). (Reply Brief due 3/14/2011.). Signed by Judge Michael M. Baylson on 2/24/2011. (dlk) (Entered: 03/01/2011) 03/14/ REPLY BRIEF re 39 MOTION to Dismiss for Failure to State a Claim, filed by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) Modified on 3/15/2011 (nms). (Entered: 03/14/2011) 03/17/ REQUEST for Oral Argument on 39 Motion to Dismiss, by Zhengxu He. (Zeldin, Jessica) Modified on 3/21/2011 (nms). (Entered: 03/17/2011) 03/21/2011 CORRECTING ENTRY: Added a link to D.I. 39 in D.I. 46. (nms) (Entered: 03/21/2011) 03/29/ NOTICE of Hearing on Motion D.I. 39 MOTION to Dismiss for Failure to State a Claim (Defendants' Motion To Dismiss Plaintiff's Consolidated Class Action Complaint) : ORAL ARGUMENT is set for 4/4/2011 at 10:30 AM before Judge Michael M. Baylson, 601 Market Street, Philadelphia, PA (dlk) (Entered: 03/29/2011) 03/31/ AMENDED Notice: The Oral Argument regarding 39 Motion to Dismiss is now set for 5/9/2011, at 4:00 PM before Judge Michael M. Baylson (see Notice for further details).(nms) (Entered: 03/31/2011) 05/03/ NOTICE of Supplemental Authority in Support 39 MOTION to Dismiss Consolidated Class Action Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hatcher, Laura) Modified on 5/4/2011 (nms). (Entered: 05/03/2011) 05/09/ MOTION for Pro Hac Vice Appearance of Attorney David J. George - filed by Zhengxu He. (Attachments: # 1 Certification by Counsel to be Admitted Pro Hac Vice)(deLeeuw, Peter) (Entered: 05/09/2011)

12 05/09/2011 Minute Entry for proceedings held before Judge Michael M. Baylson - Oral Argument held on 5/9/2011. (Court Reporter Janice Lutz.) (lid) (Entered: 05/12/2011) 05/12/ ORDER- Setting Scheduling Order Deadlines ( Discovery due by 10/30/2011., Motion for class certification due 8/30/2011., Answering Brief due 9/30/2011., Reply Brief due 10/15/2011., Intentions Concerning Settlement Conference due 10/30/2011., Dispositive Motions due by 11/15/2011., Reply Brief due 12/31/2011., Jury Trial set for 4/2/2012 before Judge Michael M. Baylson.) Signed by Judge Michael M. Baylson on 5/12/2011. (lid) (Entered: 05/13/2011) 05/16/ Letter to The Honorable Michael M. Baylson from Raymond J. DiCamillo regarding Court's request for Third Circuit authority. (Attachments: # 1 Exhibit A)(Hatcher, Laura) (Entered: 05/16/2011) 05/20/2011 SO ORDERED- re 50 MOTION for Pro Hac Vice Appearance of Attorney David J. George. Signed by Judge Michael M. Baylson on 5/20/2011. (lid) (Entered: 05/20/2011) 05/24/ NOTICE OF SERVICE of Defendants Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) by George F. Bednarz, Steven M. Blondy.(Hatcher, Laura) (Entered: 05/24/2011) 05/24/2011 Pro Hac Vice Attorney David J. George for Zhengxu He added for electronic noticing. (rbe) (Entered: 05/24/2011) 05/24/ MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Barber - filed by Zhengxu He. (Attachments: # 1 Certification by Counsel to be Admitted Pro Hac Vice)(deLeeuw, Peter) (Entered: 05/24/2011) 05/24/ NOTICE OF SERVICE of Lead Plaintiffs Initial Disclosures and First Requests for Production of Documents by Zhengxu He.(deLeeuw, Peter) (Entered: 05/24/2011) 05/25/ NOTICE OF SERVICE of Subpoena to Dex One Corporation by Zhengxu He.(deLeeuw, Peter) (Entered: 05/25/2011) 06/02/2011 SO ORDERED- re 54 MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Barber filed by Zhengxu He. Signed by Judge Michael M. Baylson on 6/2/2011. (lid) (Entered: 06/02/2011) 06/14/ MEMORANDUM AND ORDER denying D.I. 39 Defendants' Motion To Dismiss Plaintiff's Consolidated Class Action Complaint filed by George F. Bednarz, Steven M. Blondy. Signed by Judge Michael M. Baylson on 6/14/2011. (dlk) (Entered: 06/14/2011) 06/21/ STIPULATION and Order Extending Time for Defendants to Answer the Complaint through and including July 12, 2011 by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) Modified on 6/22/2011 (nms). (Entered: 06/21/2011) 06/23/ NOTICE OF SERVICE of Subpoenas by Zhengxu He. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29)(deLeeuw, Peter) (Entered: 06/23/2011) 06/28/ Letter to David J. George, dated June 24, 2011, from Lisa Pierro, SOP Process Specialist,

13 returning of a Subpoena. (nms) (Entered: 06/28/2011) 06/28/ NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 06/28/2011) 07/05/ SO ORDERED- re 58 STIPULATION and Order Extending Time for Defendants to Answer the Complaint. Set/Reset Answer Deadlines: George F. Bednarz answer due 7/12/2011; Steven M. Blondy answer due 7/12/2011; R. Barry Sauder answer due 7/12/2011; David C. Swanson answer due 7/12/2011. Signed by Judge Michael M. Baylson on 6/22/2011. (lid) (Entered: 07/05/2011) 07/06/ NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/06/2011) 07/11/ STIPULATION and [Proposed] Protective Order by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) (Entered: 07/11/2011) 07/12/ ANSWER to 30 Amended Complaint, with Jury Demand, to Consolidated Class Action Complaint for Violations of the Federal Securities Laws, by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson.(Hatcher, Laura) Modified on 7/13/2011 (nms). (Entered: 07/12/2011) 07/19/ STIPULATION To extend the page limits on briefing by George F. Bednarz, Steven M. Blondy, Zhengxu He, Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund, Peter J. McDonald, R. Barry Sauder, David C. Swanson. (Zeldin, Jessica) (Entered: 07/19/2011) 07/19/2011 Pro Hac Vice Attorney Kathleen L. Barber for Zhengxu He added for electronic noticing. (dmp, ) (Entered: 07/19/2011) 07/19/ NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/19/2011) 07/20/ SO ORDERED- re 64 STIPULATED Protective Order. Signed by Judge Michael M. Baylson on 7/20/2011. (lid) (Entered: 07/20/2011) 07/21/ NOTICE OF SERVICE of Withdrawal of Subpoenas re 59 Notice of Service,, by Zhengxu He. Related document: 59 Notice of Service,, filed by Zhengxu He.(deLeeuw, Peter) (Entered: 07/21/2011) 07/21/ SO ORDERED- re 66 STIPULATION to extend the page limits on briefing. Signed by Judge Michael M. Baylson on 7/21/2011. (lid) (Entered: 07/21/2011) 07/21/ NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/21/2011) 07/21/ NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/21/2011) 07/26/ NOTICE OF SERVICE of Subpoena Directed to SuperMedia, Inc. by George F. Bednarz, Steven M. Blondy, Peter J. McDonald, David C. Swanson. (Attachments: # 1 Subpoena)(Hatcher, Laura) (Entered: 07/26/2011) 07/27/ NOTICE OF SERVICE of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises by Zhengxu He. (Attachments: # 1 Subpoena)(Zeldin, Jessica) (Entered: 07/27/2011)

14 08/01/ NOTICE of Withdrawal of Subpoenas by Zhengxu He re 59 Notice of Service,, of subpoenas (Zeldin, Jessica) (Entered: 08/01/2011) 08/03/ STIPULATION TO EXTEND TIME deadlines for discovery and the filing of pre-trial motions to - filed by Zhengxu He. (deleeuw, Peter) (Entered: 08/03/2011) 08/04/ ORDER Resetting Scheduling Order Deadlines: Plaintiff shall serve expert reports (other than expert reports regarding market efficiency) by February 15,2012. Defendants shall serve expert reports (other than expert reports regarding market efficiency) by March 15,2012. All fact and expert discovery shall be completed by April 15, Counsel shall advise the Court by April 15, 2012 as to their intentions concerning a settlement conference. Dispositive motions shall be filed by April 30,2012, and all briefing shall be completed by June 15,2012. This case will likely be scheduled for trial on a date to be set as soon as practical after September 1,2012. However, if no dispositive motions are filed, or are disposed of promptly, after briefing is completed, the Court reserves the right to accelerate the trial date.the deadlines as to class briefing are as follows: A.) Plaintiffs motion for class certification (together with Plaintiffs expert report regarding market efficiency) shall be filed by September 30, B.) Defendants shall respond (together with Defendant's expert report regarding market efficiency) by October 31, C.)Plaintiff may file a reply brief (together with Plaintiff s expert rebuttal report regarding market efficiency), if any, by November 15,2011. Signed by Judge Michael M. Baylson on 8/4/2011. (nms) (Entered: 08/09/2011) 08/09/ Official Transcript of Oral Argument held on May 19, 2011 before Judge Honorable Michael M. Baylson.. (nms) (Entered: 08/09/2011) 08/12/ SUBPOENA Returned Executed as to Valuengine Inc. on 6/24/11 (rwc) (Entered: 08/12/2011) 08/17/ NOTICE OF SERVICE of Subpoena For Production Of Documents, Information, Or Objects Or To Permit Inspection Of Premises Directed To Duff & Phelps Corporation by Donald B. Biggerstaff, Zhengxu He, Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund, Private Scavenger and Garage Attendants Pension Trust Fund and Textile Maintenance and Laundry Craft Pension Fund, Marc Saggese, Vincent Vitale. (Attachments: # 1 Exhibit Subpoena (Duff & Phelps Corporation))(deLeeuw, Peter) (Entered: 08/17/2011) 08/19/ NOTICE OF SERVICE of Plaintiff's Responses And Objections To Defendants' First Request For Production Of Documents To Plaintiff by Zhengxu He.(deLeeuw, Peter) (Entered: 08/19/2011) 09/01/ NOTICE to Take Deposition of Dex One Corporation (Rule 30(b)(6) and by video) on September 26, 2011 at 9:00 a.m. by Zhengxu He.(deLeeuw, Peter) (Entered: 09/01/2011) 09/13/ MOTION for Pro Hac Vice Appearance of Attorney Colleen M. Kenney - filed by George F. Bednarz, Steven M. Blondy, Peter J. McDonald, David C. Swanson. (Hatcher, Laura) (Entered: 09/13/2011) 09/15/2011 SO ORDERED- re 83 MOTION for Pro Hac Vice Appearance of Attorney Colleen M. Kenney. Signed by Judge Michael M. Baylson on 9/15/2011. (lid) (Entered: 09/15/2011) 09/20/2011 Pro Hac Vice Attorney Colleen M. Kenney for David C. Swanson added for electronic noticing. (dmp, ) (Entered: 09/20/2011) 09/26/ NOTICE OF SERVICE of Subpoena For Production Of Documents, Information, Or

15 Objects Or To Permit Inspection Of Premises Directed To Alexander Proudfoot Co. by Zhengxu He.(deLeeuw, Peter) (Entered: 09/26/2011) 09/30/ MOTION For Class Certification - filed by Zhengxu He. (deleeuw, Peter) Modified on 10/3/2011 (nms). (Entered: 09/30/2011) 09/30/ OPENING BRIEF in Support re 85 MOTION For Class Certification, filed by Zhengxu He.Answering Brief/Response due date per Local Rules is 10/17/2011. (deleeuw, Peter) Modified on 10/3/2011 (nms). (Entered: 09/30/2011) 09/30/ DECLARATION Of David J. George, Esq. re 85 MOTION For Class Certify Certification, by Zhengxu He. (Attachments: # 1 Exhibit 1 - Declaration of John D. Finnerty, Ph.D., # 2 Exhibit 2 - Declaration of Zhengxu John He, # 3 Exhibit 3 - Firm resume of Robbins Geller Rudman & Dowd LLP)(deLeeuw, Peter) Modified on 10/3/2011 (nms). (Entered: 09/30/2011) 10/12/ Joint STIPULATION and Order Regarding Scheduling, by George F. Bednarz, Steven M. Blondy, Peter J. McDonald, David C. Swanson. (Hatcher, Laura) Modified on 10/13/2011 (nms). (Entered: 10/12/2011) 10/14/ SO ORDERED- re 88 Joint STIPULATION and Order Regarding Scheduling. Set Scheduling Order Deadlines ( Discovery due by 6/15/2012., Dispositive Motions due by 6/29/2012., Reply Brief due 8/15/2012.) (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Michael M. Baylson on 10/14/2011. (lid) (Entered: 10/14/2011) 12/21/ NOTICE OF SERVICE of Plaintiffs Responses And Objections To Defendants First Set Of Document Requests To Proposed Class Representative by Zhengxu He.(deLeeuw, Peter) (Entered: 12/21/2011) 01/11/ MOTION for Pro Hac Vice Appearance of Attorney Joy Bull - filed by Zhengxu He. (deleeuw, Peter) (Entered: 01/11/2012) 01/20/2012 SO ORDERED- re 91 MOTION for Pro Hac Vice Appearance of Attorney Joy Bull. Signed by Judge Michael M. Baylson on 1/20/2012. (lih) (Entered: 01/20/2012) 01/26/2012 Pro Hac Vice Attorney Joy A. Bull for Zhengxu He added for electronic noticing. (dmp, ) (Entered: 01/26/2012) 02/17/ MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT) - filed by Zhengxu He. (deleeuw, Peter) (Entered: 02/17/2012) 02/17/ OPENING BRIEF in Support re 92 MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT) filed by Zhengxu He.Answering Brief/Response due date per Local Rules is 3/5/2012. (deleeuw, Peter) (Entered: 02/17/2012) 02/17/ STIPULATION of Settlement re 93 Opening Brief in Support, 92 MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT) by Zhengxu He. (deleeuw, Peter) (Entered: 02/17/2012) 02/17/ PROPOSED ORDER Preliminarily Approving Settlement And Providing For Notice re 93 Opening Brief in Support, 92 MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT), 94 Stipulation by Zhengxu He. (deleeuw, Peter) (Entered: 02/17/2012)

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