United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:08-cv JLT

Transcription

1 US District Court Civil Docket as of 8/28/2008 Retrieved from the court on Monday, September 22, 2008 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:08-cv JLT IN RE: THE FIRST MARBLEHEAD CORPORATION SECURITIES LITIGATION Assigned to: Judge Joseph L. Tauro Member cases: 1:08-cv JLT 1:08-cv JLT 1:08-cv JLT 1:08-cv JLT 1:08-cv JLT related Cases: 1:08-cv JLT 1:08-cv JLT Cause: 15:78m(a) Securities Exchange Act Date Filed: 04/10/2008 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Consolidated Plaintiff Sheet Metal Workers Local 28 Pension Fund Individually and on behalf of all others similarly situated represented by Joseph Edward White, III Saxena White P.A North Federal Highway Suite 257 Boca Raton, FL Fax: Peter A. Lagorio Law Office of Peter A. Lagorio 63 Atlantic Avenue Boston, MA Fax: Consolidated Plaintiff Charles J. Byrne Individually and on behalf of all others similarly situated represented by David Pastor Gilman and Pastor, LLP 225 Franklin Street

2 16th Floor Boston, MA Fax: Consolidated Plaintiff Ryan Edmundson Individually and on behalf of all others similarly situated represented by Adam M. Stewart Shapiro Haber & Urmy LLP 53 State Street 37th Floor Boston, MA Fax: Thomas G. Shapiro Shapiro Haber & Urmy LLP 53 State Street Boston, MA Fax: Consolidated Plaintiff Nayereh Dehghan on behalf of herself and all others similarly situated represented by Jeffrey C Block Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA Fax: jblock@bermanesq.com Nathaniel L. Orenstein Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor

3 Boston, MA Fax: Consolidated Plaintiff Robert M. Largent Individually and on behalf of all others similarly situated represented by David Pastor Plaintiff Stephen E. Keller Individually and on behalf of all others similarly situated represented by Leslie R. Stern Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA / Fax: Nathaniel L. Orenstein Jeffrey C Block Plaintiff Baltimore County Employees' Retirement System represented by Garrett J. Bradley Thornton & Naumes, LLP 100 Summer Street 30th Floor Boston, MA Fax: gbradley@tenlaw.com

4 Robert T. Naumes Thornton & Naumes, LLP 100 Summer Street 30th Floor Boston, MA Fax: Andrei V. Rado Labaton Sucharow & Rudoff, LLP 140 Broadway New York, NY V. Consolidated Defendant Leslie L. Alexander Consolidated Defendant William R. Berkley Defendant First Marblehead Corporation, Inc. represented by Christopher Davies Wilmer Cutler Pickering Hale & Dorr LLP 1875 Pennsylvania Avenue NW Washington, DC Jeffrey B. Rudman Wilmer Hale LLP 60 State Street Boston, MA Fax:

5 Ryan P. Phair Wilmer Cutler Pickering Hale & Dorr LLP 1875 Pennsylvania Avenue NW Washington, DC Sherry Hartel Haus Wilmer Hale LLP 60 State Street Boston, MA Fax: William H. Paine Wilmer Hale LLP 60 State Street Boston, MA Fax: Lauren G. Brunswick Wilmer Hale LLP 60 State Street Boston, MA Fax: Defendant Jack Kopnisky represented by Christopher Davies Jeffrey B. Rudman

6 Ryan P. Phair Sherry Hartel Haus William H. Paine Lauren G. Brunswick Defendant Donald R. Peck represented by Christopher Davies Jeffrey B. Rudman Ryan P. Phair Sherry Hartel Haus William H. Paine

7 Lauren G. Brunswick Defendant John Hupalo represented by Christopher Davies Jeffrey B. Rudman Ryan P. Phair Sherry Hartel Haus William H. Paine Lauren G. Brunswick Defendant Peter Tarr represented by Christopher Davies Jeffrey B. Rudman

8 Ryan P. Phair Sherry Hartel Haus William H. Paine Lauren G. Brunswick Defendant Stephen Anbinder represented by Christopher Davies Jeffrey B. Rudman Ryan P. Phair Sherry Hartel Haus William H. Paine

9 Lauren G. Brunswick Movant Li Chu Lin Lee represented by Fredric L. Ellis Ellis & Rapacki 85 Merrimac Street Suite 500 Boston, MA Fax: Movant FMD Investor Group represented by Jeffrey C Block Movant Gordon Paciorek represented by Robert H. Tobin, Jr. Tobin & Tobin PC 735 South Street Roslindale, MA Fax: r.tobin2@verizon.net Movant Inter-Local Pension Fund GCC/IBT represented by David A. Rosenfeld Coughlin Stoia Geller Rudman & Robbins LLP Suite South Service Road Melville, NY Fax: drosenfeld@csgrr.com Samuel H. Rudman

10 Coughlin Stoia Geller Rudman & Robbins LLP Suite South Service Road Melville, NY Fax: Adam M. Stewart Mario Alba, Jr. Coughlin Stoia Geller Rudman & Robbins LLP Suite South Service Road Melville, NY Fax: Movant PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT- GESELLSCHAFT MBH represented by Ann K. Ritter Motley Rice 28 Bridgeside Blvd. PO Box 1792 Mount Pleasant, SC Fax: James M. Hughes Motley Rice LLC (SC) 28 Bridgeside Blvd. Mt. Pleasant, SC Fax:

11 Joseph Edward White, III William H. Narwold Motley Rice LLC 28 Bridgeside Boulevard PO Box 1792 Mount Pleasant, SC Date Filed # Docket Text 04/10/ COMPLAINT against First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder Filing fee: $ 350, receipt number , filed by Stephen E. Keller. (Attachments: # 1 Plaintiff Certification, # 2 Civil Cover Sheet, # 3 Category Form)(Block, Jeffrey) (Entered: 04/10/2008) 04/10/2008 ELECTRONIC NOTICE of Case Assignment. Judge Joseph L. Tauro assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Collings (Flaherty, Elaine) (Entered: 04/10/2008) 04/10/ Summons Issued as to First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Flaherty, Elaine) (Entered: 04/10/2008) 04/11/2008 ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $ paid on 04/10/2008, receipt number (Adam, Lucien) (Entered: 04/11/2008) 06/06/ SUMMONS Returned Executed Stephen Anbinder served on 6/5/2008, answer due 6/25/2008. (Block, Jeffrey) (Entered: 06/06/2008) 06/06/ SUMMONS Returned Executed First Marblehead Corporation, Inc. served on 6/5/2008, answer due 6/25/2008. (Block, Jeffrey) (Entered: 06/06/2008) 06/06/ SUMMONS Returned Executed John Hupalo served on 6/5/2008, answer due 6/25/2008.

12 (Block, Jeffrey) (Entered: 06/06/2008) 06/06/ SUMMONS Returned Executed Jack Kopnisky served on 6/5/2008, answer due 6/25/2008. (Block, Jeffrey) (Entered: 06/06/2008) 06/06/ SUMMONS Returned Executed Donald R. Peck served on 6/5/2008, answer due 6/25/2008. (Block, Jeffrey) (Entered: 06/06/2008) 06/06/ SUMMONS Returned Executed Peter Tarr served on 6/5/2008, answer due 6/25/2008. (Block, Jeffrey) (Entered: 06/06/2008) 06/09/ MOTION to Consolidate Cases Motion for Consolidation of Related Actions, Appointment of Gordon Paciorek as Lead Plaintiff and Approval of Gordon Paciorek's Selection of Counsel by Stephen E. Keller.(Pastor, David) (Entered: 06/09/2008) 06/09/ MEMORANDUM in Support re 9 MOTION to Consolidate Cases Motion for Consolidation of Related Actions, Appointment of Gordon Paciorek as Lead Plaintiff and Approval of Gordon Paciorek's Selection of Counsel filed by Stephen E. Keller. (Pastor, David) (Entered: 06/09/2008) 06/09/ DECLARATION David R. Scott's Declaration in Support of Gordon Paciorek's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel by Stephen E. Keller. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Pastor, David) (Entered: 06/09/2008) 06/09/ Proposed Document(s) submitted by Stephen E. Keller. Document received: Proposed Order. (Pastor, David) (Entered: 06/09/2008) 06/09/ CERTIFICATE OF SERVICE by Stephen E. Keller. (Attachments: # 1 Service List)(Pastor, David) (Entered: 06/09/2008) 06/09/ MOTION to Consolidate Cases Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Local Counsel by Li Chu Lin Lee. (Attachments: # 1 Exhibit 1 - Proposed Order)(Ellis, Fredric) (Entered: 06/09/2008) 06/09/ Ex Parte MEMORANDUM in Support re 14 MOTION to Consolidate Cases Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Local Counsel filed by Li Chu Lin Lee. (Ellis, Fredric) (Entered: 06/09/2008) 06/09/ DECLARATION of Fredric L. Ellis by Li Chu Lin Lee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ellis, Fredric) (Entered: 06/09/2008) 06/09/ MOTION to Consolidate Cases Appoint Lead Plaintiff and Approval of Selection of Lead Counsel by FMD Investor Group. (Attachments: # 1 Text of Proposed Order)(Block, Jeffrey) (Entered: 06/09/2008) 06/09/ MEMORANDUM in Support re 17 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approval of Selection of Lead Counsel filed by FMD Investor Group. (Block, Jeffrey) (Entered: 06/09/2008) 06/09/ DECLARATION re 18 Memorandum in Support of Motion Declaration of Jeffrey C. Block by FMD Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D, # 6 Exhibit F)(Block, Jeffrey) (Entered: 06/09/2008)

13 06/09/ MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL by Gordon Paciorek. (Attachments: # 1 Exhibit [Proposed] Order)(Tobin, Robert) (Entered: 06/09/2008) 06/09/ CERTIFICATE OF SERVICE by FMD Investor Group re 19 Declaration, 17 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approval of Selection of Lead Counsel, 18 Memorandum in Support of Motion. (Block, Jeffrey) (Entered: 06/09/2008) 06/09/ MOTION to Appoint Counsel, Appoint Lead Plaintiff, and for Consolidation by Baltimore County Employees' Retirement System.(Bradley, Garrett) (Entered: 06/09/2008) 06/09/ MEMORANDUM in Support re 20 MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL filed by Gordon Paciorek. (Tobin, Robert) (Entered: 06/09/2008) 06/09/ MEMORANDUM in Support re 22 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and for Consolidation filed by Baltimore County Employees' Retirement System. (Attachments: # 1 Text of Proposed Order)(Bradley, Garrett) (Entered: 06/09/2008) 06/09/ MOTION to Consolidate Cases Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel by Inter-Local Pension Fund GCC/IBT. (Attachments: # 1 Exhibit A)(Stewart, Adam) (Entered: 06/09/2008) 06/09/ AFFIDAVIT of Jeffrey A. Berens in Support re 20 MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL filed by Gordon Paciorek. (Attachments: # 1 Exhibit A (Notice), # 2 Exhibit B (Loss Chart), # 3 Exhibit C (Cert), # 4 Exhibit D (D&B Resume))(Tobin, Robert) (Entered: 06/09/2008) 06/09/ MEMORANDUM in Support re 25 MOTION to Consolidate Cases Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel filed by Inter-Local Pension Fund GCC/IBT. (Stewart, Adam) (Entered: 06/09/2008) 06/09/ DECLARATION re 22 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and for Consolidation of Andrei V. Rado by Baltimore County Employees' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bradley, Garrett) (Entered: 06/09/2008) 06/09/ CERTIFICATE OF SERVICE by Baltimore County Employees' Retirement System re 24 Memorandum in Support of Motion, 28 Declaration, 22 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and for Consolidation. (Bradley, Garrett) (Entered: 06/09/2008) 06/09/ MOTION to Consolidate Cases, APPOINTMENT OF LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF CLASS COUNSEL by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT-GESELLSCHAFT MBH.(White, Joseph) (Entered: 06/09/2008) 06/09/ DECLARATION re 25 MOTION to Consolidate Cases Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel of Thomas G. Shapiro by Inter-Local Pension Fund GCC/IBT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Stewart, Adam) (Entered: 06/09/2008) 06/09/ MEMORANDUM in Support re 30 MOTION to Consolidate Cases, APPOINTMENT OF

14 LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF CLASS COUNSEL filed by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL- INVESTMENT-GESELLSCHAFT MBH. (White, Joseph) (Entered: 06/09/2008) 06/09/ DECLARATION re 30 MOTION to Consolidate Cases, APPOINTMENT OF LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF CLASS COUNSEL by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT- GESELLSCHAFT MBH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(White, Joseph) (Entered: 06/09/2008) 06/09/ NOTICE by Gordon Paciorek re 26 Affidavit in Support of Motion, 20 MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL, 23 Memorandum in Support of Motion (Tobin, Robert) (Entered: 06/09/2008) 06/11/ MOTION to Withdraw 14 MOTION to Consolidate Cases Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Local Counsel by Li Chu Lin Lee.(Ellis, Fredric) (Entered: 06/11/2008) 06/23/ MEMORANDUM in Opposition re 17 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approval of Selection of Lead Counsel, 25 MOTION to Consolidate Cases Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel, 14 MOTION to Consolidate Cases Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Local Counsel, 22 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and for Consolidation, 20 MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL, 9 MOTION to Consolidate Cases Motion for Consolidation of Related Actions, Appointment of Gordon Paciorek as Lead Plaintiff and Approval of Gordon Paciorek's Selection of Counsel filed by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL- INVESTMENT-GESELLSCHAFT MBH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(White, Joseph) (Entered: 06/23/2008) 06/23/ MEMORANDUM in Opposition re 17 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approval of Selection of Lead Counsel, 30 MOTION to Consolidate Cases, APPOINTMENT OF LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF CLASS COUNSEL, 14 MOTION to Consolidate Cases Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Local Counsel, 22 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and for Consolidation, 20 MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL, 9 MOTION to Consolidate Cases Motion for Consolidation of Related Actions, Appointment of Gordon Paciorek as Lead Plaintiff and Approval of Gordon Paciorek's Selection of Counsel and Memorandum in Further Support of the Motion of Inter-Local Pension Fund GCC/IBT for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel filed by Inter-Local Pension Fund GCC/IBT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stewart, Adam) (Entered: 06/23/2008) 06/23/ MEMORANDUM in Opposition re 17 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approval of Selection of Lead Counsel, 25 MOTION to Consolidate Cases Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel, 30 MOTION to Consolidate Cases, APPOINTMENT OF LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF CLASS COUNSEL, 20 MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL, 9 MOTION

15 to Consolidate Cases Motion for Consolidation of Related Actions, Appointment of Gordon Paciorek as Lead Plaintiff and Approval of Gordon Paciorek's Selection of Counsel and Memorandum in Further Support of the Baltimore County Employees' Retirement System for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by Baltimore County Employees' Retirement System. (Bradley, Garrett) (Entered: 06/23/2008) 06/23/ DECLARATION re 38 Memorandum in Opposition to Motion,,, by Andrei V. Rado by Baltimore County Employees' Retirement System. (Bradley, Garrett) (Entered: 06/23/2008) 06/23/ CERTIFICATE OF SERVICE by Baltimore County Employees' Retirement System re 38 Memorandum in Opposition to Motion,,, 39 Declaration. (Bradley, Garrett) (Entered: 06/23/2008) 06/25/ MOTION for Leave to Appear Pro Hac Vice for admission of William H. Narwold Filing fee $ 50, receipt number by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT-GESELLSCHAFT MBH. (Attachments: # 1 Exhibit 1, # 2 Affidavit )(White, Joseph) (Entered: 06/25/2008) 06/25/ MOTION for Leave to Appear Pro Hac Vice for admission of Ann K. Ritter Filing fee $ 50, receipt number by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT-GESELLSCHAFT MBH. (Attachments: # 1 Affidavit)(White, Joseph) (Entered: 06/25/2008) 06/25/ MOTION for Leave to Appear Pro Hac Vice for admission of James M. Hughes Filing fee $ 50, receipt number by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT-GESELLSCHAFT MBH. (Attachments: # 1 Affidavit)(White, Joseph) (Entered: 06/25/2008) 06/30/2008 Judge Joseph L. Tauro: Electronic ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice; Added William H. Narwold for PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT-GESELLSCHAFT MBH; granting 42 Motion for Leave to Appear Pro Hac Vice; Added Ann K. Ritter for PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL- INVESTMENT-GESELLSCHAFT MBH.; granting 43 Motion for Leave to Appear Pro Hac Vice; Added James M. Hughes for PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT-GESELLSCHAFT MBH. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at Select Forms and then scroll down to CM/ECF Forms. (Abaid, Kimberly) (Entered: 06/30/2008) 06/30/2008 Judge Joseph L. Tauro: Electronic ORDER entered granting 35 Motion to Withdraw ; withdrawing 14 Motion to Consolidate Cases (Abaid, Kimberly) (Entered: 06/30/2008) 07/09/ MOTION for Leave to Appear Pro Hac Vice for admission of David A. Rosenfeld Filing fee $ 50, receipt number by Inter-Local Pension Fund GCC/IBT. (Attachments: # 1 Exhibit A)(Stewart, Adam) (Entered: 07/09/2008) 07/09/ MOTION for Leave to Appear Pro Hac Vice for admission of Samuel H. Rudman Filing fee $ 50, receipt number by Inter-Local Pension Fund GCC/IBT. (Attachments: # 1 Exhibit A)(Stewart, Adam) (Entered: 07/09/2008)

16 07/10/2008 Judge Joseph L. Tauro: Electronic ORDER entered granting 44 Motion for Leave to Appear Pro Hac Vice; Added Samuel H. Rudman for Inter-Local Pension Fund GCC/IBT; granting 45 Motion for Leave to Appear Pro Hac Vice; Added David A. Rosenfeld for Inter-Local Pension Fund GCC/IBT. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at Select Forms and then scroll down to CM/ECF Forms. (Abaid, Kimberly) (Entered: 07/10/2008) 07/24/ NOTICE of Appearance by Jeffrey B. Rudman on behalf of First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder (Rudman, Jeffrey) (Entered: 07/24/2008) 07/24/ NOTICE of Appearance by William H. Paine on behalf of First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder (Paine, William) (Entered: 07/24/2008) 07/24/ NOTICE of Appearance by Sherry Hartel Haus on behalf of First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder (Haus, Sherry) (Entered: 07/24/2008) 07/24/ NOTICE of Appearance by Lauren G. Brunswick on behalf of First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder (Brunswick, Lauren) (Entered: 07/24/2008) 07/24/ MOTION for Leave to Appear Pro Hac Vice for admission of Christopher Davies by First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder.(Haus, Sherry) (Entered: 07/24/2008) 07/24/ MOTION for Leave to Appear Pro Hac Vice for admission of Ryan P. Phair by First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder.(Haus, Sherry) (Entered: 07/24/2008) 07/24/ CORPORATE DISCLOSURE STATEMENT by First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr, Stephen Anbinder. (Haus, Sherry) (Entered: 07/24/2008) 07/29/2008 Filing fee/payment: $ 50.00, receipt number BST for 51 MOTION for Leave to Appear Pro Hac Vice for admission of Ryan P. Phair (Russo, Patricia) (Entered: 07/29/2008) 07/29/2008 Filing fee/payment: $ 50.00, receipt number BST for 50 MOTION for Leave to Appear Pro Hac Vice for admission of Christopher Davies (Russo, Patricia) (Entered: 07/29/2008) 07/29/2008 Judge Joseph L. Tauro: Electronic ORDER entered granting 50 Motion for Leave to Appear Pro Hac Vice; Added Ryan P. Phair for First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr and Stephen Anbinder; granting 51 Motion for Leave to Appear Pro Hac Vice; Added Christopher Davies for First Marblehead Corporation, Inc., Jack Kopnisky, Donald R. Peck, John Hupalo, Peter Tarr and Stephen Anbinder. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at Select Forms and then scroll down to CM/ECF Forms. (Abaid, Kimberly) (Entered: 07/29/2008) 08/11/2008 ELECTRONIC NOTICE OF RESCHEDULINGHearing set for 8/26/ :15 PM in

17 Courtroom 22 before Judge Joseph L. Tauro. Associated Cases: 1:08-cv JLT et al.(lovett, Zita) (Entered: 08/11/2008) 08/12/ Judge Joseph L. Tauro: ORDER entered. Status Conference set for 8/26/ :15 PM in Courtroom 22 before Judge Joseph L. Tauro.Associated Cases: 1:08-cv JLT et al.(abaid, Kimberly) (Entered: 08/12/2008) 08/14/ Judge Joseph L. Tauro: ORDER entered. Status Conference set for 8/26/ :15 PM in Courtroom 22 before Judge Joseph L. Tauro.Associated Cases: 1:08-cv JLT et al.(abaid, Kimberly) (Entered: 08/14/2008) 08/21/ MOTION for Leave to Appear Pro Hac Vice for admission of Andrei V. Rado Filing fee $ 50, receipt number by Baltimore County Employees' Retirement System. (Attachments: # 1 Appendix Certificate of Andrei V. Rado)(Bradley, Garrett) (Entered: 08/21/2008) 08/22/ NOTICE of Appearance by Robert T. Naumes on behalf of Baltimore County Employees' Retirement System (Naumes, Robert) (Entered: 08/22/2008) 08/25/ MOTION for Leave to Appear Pro Hac Vice for admission of Mario Alba Jr. Filing fee $ 50, receipt number by Inter-Local Pension Fund GCC/IBT. (Attachments: # 1 Exhibit A)(Stewart, Adam) (Entered: 08/25/2008) 08/25/2008 Judge Joseph L. Tauro: Electronic ORDER entered granting 55 Motion for Leave to Appear Pro Hac Vice; Added Andrei V. Rado for Baltimore County Employees' and Retirement System. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at Select Forms and then scroll down to CM/ECF Forms. (Abaid, Kimberly) (Entered: 08/25/2008) 08/25/2008 Judge Joseph L. Tauro: Electronic ORDER entered granting 57 Motion for Leave to Appear Pro Hac Vice; Added Mario Alba, Jr for Inter-Local Pension Fund GCC/IBT. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at Select Forms and then scroll down to CM/ECF Forms. (Abaid, Kimberly) (Entered: 08/25/2008) 08/26/2008 Electronic Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Motion Hearing held on 8/26/2008 re (17 in 1:08-cv JLT) MOTION to Consolidate Cases Appoint Lead Plaintiff and Approval of Selection of Lead Counsel filed by FMD Investor Group, (6 in 1:08-cv JLT) MOTION to Consolidate Cases The FMD Investor Group's Motion for (1) Consolidation of All Related Actions (2) Appointment as Lead Plaintiff, and (3) Approval of Its Selection of Lead Counsel MOTION to Consolidate Cases The FMD Investor Group's Motion for (1) Consolidation of All Related Actions (2) Appointment as Lead Plaintiff, and (3) Approval of Its Selection of Lead Counsel filed by FMD Investor Group, (25 in 1:08-cv JLT) MOTION to Consolidate Cases Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel filed by Inter-Local Pension Fund GCC/IBT, (30 in 1:08-cv JLT) MOTION to Consolidate Cases, APPOINTMENT OF LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF CLASS COUNSEL filed by PEMBROKE PINES FIRE AND POLICE PENSION FUND AND UNIVERSAL-INVESTMENT-GESELLSCHAFT MBH, (13 in 1:08-cv JLT) MOTION to Consolidate Cases The FMD Investor Group's Motion for (1) Consolidation of All Related Actions, (2) Appointment as Lead Plaintiff, and (3) Approval of Its Selection of Lead Counsel MOTION to Consolidate Cases The FMD Investor Group's Motion for (1) Consolidation of All Related Actions, (2)

18 Appointment as Lead Plaintiff, and (3) Approval of Its Selection of Lead Counsel filed by FMD Investor Group, (6 in 1:08-cv JLT) MOTION to Consolidate Cases THE FMD INVESTOR GROUPS MOTION FOR (1) CONSOLIDATION OF ALL RELATED ACTIONS (2) APPOINTMENT AS LEAD PLAINTIFFS, AND (3) APPROVAL OF PROPOSED LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL MOTION to Consolidate Cases THE FMD INVESTOR GROUPS MOTION FOR (1) CONSOLIDATION OF ALL RELATED ACTIONS (2) APPOINTMENT AS LEAD PLAINTIFFS, AND (3) APPROVAL OF PROPOSED LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL filed by FMD Investor Group, (12 in 1:08-cv JLT) MOTION to Consolidate Cases THE FMD INVESTOR GROUPS MOTION FOR (1) CONSOLIDATION OF ALL RELATED ACTIONS (2) APPOINTMENT AS LEAD PLAINTIFFS, AND (3) APPROVAL OF PROPOSED LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL MOTION to Consolidate Cases THE FMD INVESTOR GROUPS MOTION FOR (1) CONSOLIDATION OF ALL RELATED ACTIONS (2) APPOINTMENT AS LEAD PLAINTIFFS, AND (3) APPROVAL OF PROPOSED LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL filed by FMD Investor Group, (14 in 1:08-cv JLT) MOTION to Consolidate Cases THE FMD Investor Group's Motion for (1) Consolidation of All Related Actions, (2) Appointment as Lead Plaintiff, and (3) Approval of Its Selection of Lead Counsel MOTION to Consolidate Cases THE FMD Investor Group's Motion for (1) Consolidation of All Related Actions, (2) Appointment as Lead Plaintiff, and (3) Approval of Its Selection of Lead Counsel filed by FMD Investor Group, (22 in 1:08-cv JLT) MOTION to Appoint Counsel, Appoint Lead Plaintiff, and for Consolidation filed by Baltimore County Employees' Retirement System, (20 in 1:08-cv JLT) MOTION to Consolidate Cases APPOINT LEAD PLAINTIFF & COUNSEL filed by Gordon Paciorek, (9 in 1:08-cv JLT) MOTION to Consolidate Cases Motion for Consolidation of Related Actions, Appointment of Gordon Paciorek as Lead Plaintiff and Approval of Gordon Paciorek's Selection of Counsel filed by Stephen E. Keller. After hearing Motions taken under advisement; an order will issue. (Court Reporter: Carol Scott.)(Attorneys present: Alba,Stweart,Henderson,DelGalzo,Ciarlanto,Naumes,Rado,Marino,Hughes,Lagorio,White, Pastor,Hortsman,Stern,pltfs; Paine,defts.) Associated Cases: 1:08-cv JLT et al.(lovett, Zita) (Entered: 08/26/2008) 08/28/ Judge Joseph L. Tauro: ORDER entered. Associated Cases: 1:08-cv JLT et al.(abaid, Kimberly) (Entered: 08/28/2008) 08/28/ Judge Joseph L. Tauro: ORDER entered re: Consolidation.Associated Cases: 1:08-cv JLT et al.(abaid, Kimberly) (Entered: 08/28/2008) 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