U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv HB-FM

Transcription

1 US District Court Civil Docket as of February 1, 2013 Retrieved from the court on February 4, 2013 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv HB-FM Landmen Partners, Inc. et al v. The Blackstone Group, L.P. et al Date Filed: 04/15/2008 Assigned to: Judge Harold Baer Jury Demand: Both Referred to: Magistrate Judge Frank Maas Nature of Suit: 850 Member case: (View Member Case) Securities/Commodities Related Cases: 1:08-cv HB Jurisdiction: Federal Question 1:08-cv HB 1:08-cv HB 1:08-cv HB Case in other court: US Court of Appeals, Second Circuit, cv Cause: 15:78m(a) Securities Exchange Act Lead Plaintiff Martin Litwin represented by David A.P. Brower Brower Piven 488 Madison Avenue New York, NY (212) Fax: (212) David Avi Rosenfeld Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY Fax: Edward Y. Kroub Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631)

2 Erin Whitney Boardman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) Joseph Frank Russello Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) Lead Plaintiff BX Investor Group represented by David A.P. Brower Jason Michael Husgen Proskauer Rose LLP (NY) 11 Times Square New York, NY (212) Fax: (212) Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) Lead Plaintiff Max Poulter represented by David A.P. Brower

3 TERMINATED: 02/01/2013 Edward Y. Kroub Jason Michael Husgen Lead Plaintiff Francis Brady represented by David A.P. Brower Edward Y. Kroub Erin Whitney Boardman Jason Michael Husgen Joseph Frank Russello Plaintiff Landmen Partners, Inc. Individually represented by David Avi Rosenfeld Jack Gerald Fruchter Abraham Fruchter & Twersky LLP One Penn Plaza Suite 1910 New York, NY Fax: Samuel Howard Rudman

4 Plaintiff Landmen Partners, Inc. and On Behalf of All Others Similarly Situated represented by David Avi Rosenfeld Jack Gerald Fruchter Samuel Howard Rudman V. Movant The Jakeman Group represented by Jason Robert D'Agnenica Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY (212) Fax: (212) jasondag@ssbny.com V. Defendant The Blackstone Group, L.P. represented by Bruce Domenick Angiolillo Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY Fax: bangiolillo@stblaw.com Daniel Joseph Stujenske Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY (212) Fax: (212) dstujenske@stblaw.com

5 Jonathan K. Youngwood Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY (212) Fax: (212) Paul Jacob Sirkis Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY (212) Fax: (212) Defendant Stephen A. Schwartzman represented by Bruce Domenick Angiolillo Daniel Joseph Stujenske Jonathan K. Youngwood Paul Jacob Sirkis Defendant Michael A. Puglisi represented by Bruce Domenick Angiolillo Daniel Joseph Stujenske Jonathan K. Youngwood

6 Paul Jacob Sirkis Defendant Peter J. Peterson represented by Bruce Domenick Angiolillo Daniel Joseph Stujenske Paul Jacob Sirkis Defendant Hamilton E. James represented by Bruce Domenick Angiolillo Daniel Joseph Stujenske Paul Jacob Sirkis Date Filed # Docket Text 04/15/ COMPLAINT against The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (Filing Fee $ , Receipt Number )Document filed by Landmen Partners, Inc.(Individually), Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated).(tve) (tve). (Entered: 04/17/2008) 04/15/2008 SUMMONS ISSUED as to The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (tve) (Entered: 04/17/2008) 04/15/2008 Magistrate Judge Frank Maas is so designated. (tve) (Entered: 04/17/2008) 04/15/2008 Case Designated ECF. (tve) (Entered: 04/17/2008) 04/15/ RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Landmen Partners, Inc.(Individually), Landmen Partners, Inc.(and

7 I On Behalf of All Others Similarly Situated).(tve) (Entered: 04/17/2008) 04/23/ NOTICE OF APPEARANCE by Bruce Domenick Angiolillo on behalf of The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Angiolillo, Bruce) (Entered: 04/23/2008) 04/23/ NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Youngwood, Jonathan) (Entered: 04/23/2008) 04/24/ ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 7/11/2008 at 10:45 AM in Courtroom 21B, 500 Pearl Street, New York, NY before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/24/08) (cd) (Additional attachment(s) added on 4/28/2008: # 1 order) (mde). (Entered: 04/24/2008) 04/25/2008 ***NOTE TO ATTORNEY TO PDF. Note to Attorney David Avi Rosenfeld for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. the PDF for Document 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (lb) (Entered: 04/25/2008) 05/13/ /16/ /16/ /16/ ENDORSEMENT ON (UNSIGNED) STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINTS, ENDORSEMENT; The court will not so order this stipulation. The court will conference the case and set its own schedule for all these dates. the schedule will not be nearly as generous as you might wish. Conference is set for June 18, 2008 at 10:30 a.m. (Signed by Judge Colleen McMahon on 5/13/08) (mme) (Entered: 05/16/2008) Set/Reset Hearings: Status Conference set for 6/18/2008 at 10:30 AM before Judge Colleen McMahon. (mme) (Entered: 05/28/2008) 7 MOTION to Appoint Counsel., MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s)., MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv Document filed by The Jakeman Group. (Attachments: # 1 Text of Proposed Order)(D'Agnenica, Jason) (Entered: 06/16/2008) 8 MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint Counsel. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s).. Document filed by The Jakeman Group. (D'Agnenica, Jason) (Entered: 06/16/2008) 06/16/ DECLARATION of Jason D'Agnenica in Support re: 7 MOTION to Appoint Counsel. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s).. Document filed by The Jakeman Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit

8 I D)(D'Agnenica, Jason) (Entered: 06/16/2008) 06/16/ CERTIFICATE OF SERVICE. Document filed by The Jakeman Group. (D'Agnenica, Jason) (Entered: 06/16/2008) 06/16/ MOTION to Appoint Martin Litwin to serve as lead plaintiff(s), for Approval of Selection of Lead Counsel and Consolidation of Related Actions. Document filed by Martin Litwin.(Rosenfeld, David) (Entered: 06/16/2008) 06/16/ MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint Martin Litwin to serve as lead plaintiff(s), for Approval of Selection of Lead Counsel and Consolidation of Related Actions.. Document filed by Martin Litwin. (Rosenfeld, David) (Entered: 06/16/2008) 06/16/ AFFIDAVIT of David A. Rosenfeld in Support re: 11 MOTION to Appoint Martin Litwin to serve as lead plaintiff(s), for Approval of Selection of Lead Counsel and Consolidation of Related Actions.. Document filed by Martin Litwin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rosenfeld, David) (Entered: 06/16/2008) 06/16/ MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064, and 08-cv-3601., MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s)., MOTION to Appoint Counsel Brower Piven. Document filed by BX Investor Group.(Brower, David) (Entered: 06/16/2008) 06/16/ /16/ MEMORANDUM OF LAW in Support re: 14 MOTION to Consolidate Cases 08-cv- 3838, 08-cv-4110, 08-cv-4064, and 08-cv MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven. MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by BX Investor Group. (Brower, David) (Entered: 06/16/2008) DECLARATION of David A.P. Brower in Support re: 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064, and 08-cv MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven. MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by BX Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Brower, David) (Entered: 06/16/2008) 06/19/ LETTER addressed to Judge Colleen McMahon from Bruce D. Angiolillo dated 6/19/08 re: This letter is submitted on behalf of all parties in attendance at yesterday's status conference to memorialize the schedule set by the Court. Document filed by The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi.(tro) (Entered: 06/19/2008) 06/20/ MEMORANDUM OF LAW in Opposition re: 14 MOTION to Consolidate Cases 08- cv-3838, 08-cv-4110, 08-cv-4064, and 08-cv MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven. MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by Martin Litwin. (Rosenfeld, David) (Entered: 06/20/2008)

9 06/20/ AFFIDAVIT of David Rosenfeld in Opposition re: 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064, and 08-cv MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven. MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by Martin Litwin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rosenfeld, David) (Entered: 06/20/2008) 06/23/ ENDORSED LETTER addressed to Judge Collen McMahon from Mark Levine dated 6/20/2008 re: Counsel respectfully submit this letter to withdraw those movant's application for appointment of lead Plaintiff. ENDORSEMENT: Lead Plaintiff motion withdrawn. (Signed by Judge Colleen McMahon on 6/20/2008) (jfe) (Entered: 06/23/2008) 06/25/ /26/ LETTER addressed to All Counsel In Blackstone IPO Litigations: Counsel:In what I view to be an excess of caution, let me disclose the following:neither my husband nor I not any member of our family has any financial interest in Blackstone. However, my husband owns a ski condominium in a mixed use hotel/condominium building (I do not disclose the location for security reasons) that is presently owned by some Blackstonerelated organization. It is my understanding that Blackstone is presently in negotiations to sell the building to a third party, but no sale has yet taken place. During Blackstones (relatively brief) period of ownership, my husband dealt with its representative in this investment in order to obtain permission to make alterations to the condominium, which he received. Those alterations are presently going forward.i am advised that there is presently a lawsuit pending between certain other condominium owners in the building and Blackstone. My husband is not a party to this lawsuit, and I have not seen a copy of the complaint. However, I understand that it deals with Blackstones alleged failure to make certain promised improvements to the hotel and common areas of the building (not including the owner-occupied condominiums). It could be argued that all the condominium owners would benefit should the litigating owners prevail in this litigation. I do not believe that the foregoing requires me to recuse myself, and I certainly feel no partisanship toward any party to this lawsuit. However, if someone believes otherwise, feel free to make your argument by next Monday at 5 PM, and I will consider it.. (Signed by Judge Colleen McMahon on 6/25/2008). (mde) (Entered: 06/25/2008) 22 ENDORSED LETTER addressed to Judge Collen McMahon from Ramzi Abadou dated 6/25/2008 re: Counsel writes to ask for the Court's guidance regarding the schedule on this matter. ENDORSEMENT: Amended Complaint due July 9 (sorry -unforeseen complications). (Signed by Judge Colleen McMahon on 6/26/2008) (jfe) (Entered: 06/26/2008) 06/26/ NOTICE of Service of the BX Investor Group's Response to Competing Lead Plaintiff Motions. Document filed by BX Investor Group. (Attachments: # 1 Exhibit A)(Brower, David) (Entered: 06/26/2008) 07/01/ ORDER: I have directed the Assignments Clerk to reassign your cases to a new judge. I will forward the lead counsel motion papers and your responses thereto to the new judge as soon as one is assigned. The newly assigned judge will let you know about the rest of the schedule. (Signed by Judge Colleen McMahon on 7/1/08) A Copy of the this Order has been forwarded via inter-office envelope from docketing to the case assignments clerk rm. 120 on 7/1/08. (tro) (Entered: 07/01/2008)

10 07/11/ NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Colleen McMahon is no longer assigned to the case due to judge's recusal. (jeh) (Entered: 07/17/2008) 07/17/ NOTICE OF CASE REASSIGNMENT to Judge Harold Baer. Judge P. Kevin Castel is no longer assigned to the case due to judge's recusal. (jeh) (Entered: 07/25/2008) 09/15/ STIPULATION AND ORDER REGARDING APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL: It is hereby stipulated and agreed that Class members Litwin and BX Investor Group are hereby appointed Lead Plaintiff for the Class and their choice of counsel, the law firms of Coughlin Stolia and Brower Piven, is approved as Lead Counsel for the Class. (Signed by Judge Harold Baer on 9/15/2008) (jfe) (Entered: 09/15/2008) 09/22/ CONSOLIDATED SCHEDULING ORDER: Pursuant to Fed. R. Civ. P. 42(a), the Actions are consolidated for all purposes under Landmen Partners. Inc. v. The Blackstone Group L. P., 08-CV HB (the "Consolidated Action"); All subsequently filed or transferred cases alleging common questions of law or fact to those alleged in the Consolidated Action shall be consolidated, for all purposes, with the Consolidated Action; All pleadings and papers filed with the Court shall be filed only in the Consolidated Action under No 08-CV HB; Lead Plaintiff will file a Consolidated Amended Complaint on or before October 20, 2008; Defendants will either answer the Consolidated Amended Complaint or move to dismiss the Consolidated Amended Complaint on or before November 20, 2008; and If any or all of defendants move to dismiss the Consolidated Amended Complaint, Lead Plaintiff will file on or before December 19,2008 papers opposing such motion(s). Defendants will reply to such opposition(s) on or before January 5, There will be a pretrial conference before the Court on November 6, 2008, at 3:00 pm. Amended Pleadings due by 10/20/2008. Motions due by 11/20/2008. Responses due by 12/19/2008 Replies due by 1/5/2009. Pretrial Conference set for 11/6/2008 at 03:00 PM before Judge Harold Baer. (Signed by Judge Harold Baer on 9/22/08) Filed In Associated Cases: 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB(mme) Modified on 10/7/2008 (mme). (Entered: 09/22/2008) 10/20/ STIPULATION AND ORDER EXTENDING TIME TO FILE CONSOLIDATED COMPLAINT, MOTION TO DISMISS AND RELATED BRIEFING, lead plaintiffs shall file their Consolidated Complaint by no later than 10/27/08; defendants shall file their motion to dismiss by no later than 1/7/09; and defendants shall file their reply by no later than 1/23/09. ( Motion due by 12/4/2008. Reply due by 1/23/2009. Response due by 1/7/2009. Service due by 10/27/2008.) (Signed by Judge Harold Baer on 10/15/08) (cd) (Entered: 10/20/2008) 10/27/ CONSOLIDATED AMENDED COMPLAINT amending 1 Complaint, against Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. Document filed by BX Investor Group. Related document: 1 Complaint, filed by Landmen Partners, Inc..(dle) (Entered: 10/28/2008) 11/06/ PROPOSED PRETRIAL SCHEDULING ORDER: The parties do not consent to proceed before a United States Magistrate for all purposes pursuant to 28 U.S.C. 636 (C) and Fed. R. Civ. P. 73. Estimated number of trial days is 14 days. (Signed by Judge Harold Baer on 11/6/08) (mme) (Entered: 11/06/2008)

11 12/04/ NOTICE OF APPEARANCE by Bruce Domenick Angiolillo on behalf of Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Angiolillo, Bruce) (Entered: 12/04/2008) 12/04/ NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of Peter J. Peterson, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Youngwood, Jonathan) (Entered: 12/04/2008) 12/04/ NOTICE OF APPEARANCE by Paul Jacob Sirkis on behalf of Peter J. Peterson, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Sirkis, Paul) (Entered: 12/04/2008) 12/04/ MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint. Document filed by Peter J. Peterson, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi.(Angiolillo, Bruce) (Entered: 12/04/2008) 12/04/ MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint.. Document filed by Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (Youngwood, Jonathan) (Entered: 12/04/2008) 12/04/ DECLARATION of Jonathan K. Youngwood in Support re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint.. Document filed by Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (Attachments: # 1 Exhibit A, # 2 Exhibit B-E)(Youngwood, Jonathan) (Entered: 12/04/2008) 01/12/ STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO MOTION TO DISMISS: Lead Plaintiffs shall file their opposition by no later than 1/14/09. Defendants shall file their reply by no later than 2/4/09. ENDORSEMENT: I'm signing this extension I think you're late and please check and let me know- I don't want to go beyond extensions agreed to in previous orders and the week this grants. (Signed by Judge Harold Baer on 1/12/09) (tro) (Entered: 01/12/2009) 01/14/ MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint.. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Martin Litwin, BX Investor Group. (Rudman, Samuel) (Entered: 01/14/2009) 02/04/ REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint.. Document filed by Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (Angiolillo, Bruce) (Entered: 02/04/2009) 05/27/ TRANSCRIPT of proceedings held on 5/5/09 before Judge Harold Baer. (tro) (Entered: 05/29/2009) 09/22/ OPINION AND ORDER re:#98061 GRANTING 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint. Because plaintiff elected to stand on it pleading rather than to amend it in the face of Defendant's motion to dismiss as allowed by my Individual Practices, Plaintiff's claims are dismissed with prejudice. Nwakocha v. Sadowski, 369 F.Supp.2d 362, 372 (EDNY 2005). The Clerk of the Court is instructed to close this case and any open motions and remove it from my docket.

12 (Signed by Judge Harold Baer on 9/22/09) (djc) Modified on 9/23/2009 (jab). (Entered: 09/22/2009) 09/22/2009 Transmission to Judgments and Orders Clerk. Transmitted re: 42 Memorandum & Opinion, to the Judgments and Orders Clerk. (djc) (Entered: 09/22/2009) 09/25/ CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated September 22, 2009, Defendants' motion to dismiss the CAC for failure to state a claim is granted with prejudice; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 9/25/09) (Attachments: # 1 notice of right to appeal)filed In Associated Cases: 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB(ml) (Entered: 09/25/2009) 10/23/ NOTICE OF APPEAL from 42 Memorandum & Opinion,, 43 Clerk's Judgment,. Document filed by Martin Litwin, Max Poulter, Francis Brady. Filing fee $ , receipt number E (nd) (Entered: 10/26/2009) 10/26/2009 Transmission of Notice of Appeal to the District Judge re: 44 Notice of Appeal. (nd) (Entered: 10/26/2009) 10/26/2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 44 Notice of Appeal. (nd) (Entered: 10/26/2009) 10/26/2009 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 25 Notice of Case Assignment/Reassignment, 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064, and 08-cv MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven. MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). filed by BX Investor Group, 34 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 26 Notice of Case Assignment/Reassignment, 39 Memorandum of Law in Opposition to Motion, filed by BX Investor Group, Martin Litwin, Landmen Partners, Inc., 37 Declaration in Support of Motion, filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 20 Endorsed Letter, 10 Certificate of Service Other filed by The Jakeman Group, 16 Declaration in Support of Motion,, filed by BX Investor Group, 38 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, 28 Scheduling Order,,,,,, 11 MOTION to Appoint Martin Litwin to serve as lead plaintiff(s), for Approval of Selection of Lead Counsel and Consolidation of Related Actions. filed by Martin Litwin, 29 Stipulation and Order, Set Deadlines/Hearings,, 40 Reply Memorandum of Law in Support of Motion, filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 30 Amended Complaint, filed by BX Investor Group, 33 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 8 Memorandum of Law in Support of Motion, filed by The Jakeman Group, 9 Declaration in Support of Motion,, filed by The Jakeman Group, 21 Endorsed Letter,,,,,, 27 Stipulation and Order, 24 Order, 13 Affidavit in Support of Motion, filed by Martin Litwin, 15 Memorandum of Law in Support of Motion, filed by BX Investor Group, 23 Notice (Other) filed by BX Investor Group, 36 Memorandum of Law in Support of Motion, filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 31 Scheduling Order, 7 MOTION to Appoint Counsel. MOTION to Appoint Roderick Hernandez and Linda

13 Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s). filed by The Jakeman Group, 3 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Stephen A. Schwartzman, 19 Affidavit in Opposition to Motion,, filed by Martin Litwin, 44 Notice of Appeal filed by Martin Litwin, 6 Stipulation and Order, 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint. filed by Michael A. Puglisi, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 32 Notice of Appearance filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 42 Memorandum & Opinion,, 18 Memorandum of Law in Opposition to Motion, filed by Martin Litwin, 5 Order for Initial Pretrial Conference, 1 Complaint, filed by Landmen Partners, Inc., 17 Letter, filed by Michael A. Puglisi, The Blackstone Group, L.P., Stephen A. Schwartzman, 22 Endorsed Letter, Set Deadlines,, 12 Memorandum of Law in Support of Motion filed by Martin Litwin, 43 Clerk's Judgment, 4 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Stephen A. Schwartzman were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/26/2009) 11/18/2009 USCA Case Number cv from the US Court of Appeals, Second Circuit assigned to 44 Notice of Appeal filed by Martin Litwin. (nd) (Entered: 11/18/2009) 01/12/ NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Berens on behalf of Timothy McAdam. New Address: DYER & BERENS LLP, 303 East 17th Avenue, Suite 300, Denver, CO, 80203,. Filed In Associated Cases: 1:08-cv HB, 1:08-cv HB(Berens, Jeffrey) (Entered: 01/12/2010) 03/26/ NOTICE of Change of Firm Name. Document filed by Landmen Partners, Inc.(Individually). (Rosenfeld, David) (Entered: 03/26/2010) 02/10/ TRUE COPY ORDER of USCA as to 44 Notice of Appeal filed by Martin Litwin USCA Case Number cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/10/2011. (nd) (Entered: 02/10/2011) 02/10/ /11/ /11/ Transmission of USCA Mandate/Order to the District Judge re: 47 USCA Order,. (nd) (Entered: 02/10/2011) MANDATE of USCA (Certified Copy) as to 44 Notice of Appeal filed by Martin Litwin USCA Case Number cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED for further proceedings in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/08/2011. (Attachments: # 1 Opinion)(nd) (Main Document 48 replaced on 4/11/2011) (nd). (Entered: 04/11/2011) Transmission of USCA Mandate/Order to the District Judge re: 48 USCA Mandate,. (nd) (Entered: 04/11/2011) 04/20/ Letter addressed to David Rosenfeld from Linda Eckhouse, Judicial Assistant to the Honorable Harold Baer, Jr. dated 4/20/2011 re: There will be a Pre-Trial Conference (PTC) on the above case at 2:00 p.m. on Thursday 5/5/2011 in chambers, Room It is your responsibility to notify your adversary (ies) of the date and time with a copy to

14 04/26/ /13/ I us. (mbe) (Entered: 04/21/2011) ENDORSED LETTER addressed to Judge Harold Baer, Jr. from David A.P. Brower dated 4/22/11 Re: We write to inform the Court of a scheduling conflict that plaintiffs' counsel has with the pretrial conference that we learned of yesterday, April 21, 2011, which is currently scheduled for Thursday, May 5, 2011, at 2:00 p.m. ENDORSEMENT: Adjourned to May 24, 2011 at 10:30 A.M. in my Jury Room if more than 10 people otherwise in Chambers. (Pretrial Conference set for 5/24/2011 at 10:30 AM before Judge Harold Baer.) (Signed by Judge Harold Baer on 4/25/2011) (rjm) (Entered: 04/26/2011) ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Bruce Angiolillo dated 6/10/2011 re: Counsel for the Defendant writes to request an adjournment of the pretrial conference, currently scheduled for 6/14/2011. ENDORSEMENT: I'm not here on Friday, June 17 - let's make it same time, i.e., noon on Monday, June 20 or later this week I'll calendar for Monday unless I hear from you with another earlier time. (Pretrial Conference set for 6/20/2011 at 12:00 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 6/13/2011) (ab) (Entered: 06/13/2011) 06/20/2011 Minute Entry for proceedings held before Judge Harold Baer: In Chambers Conference held on 6/20/2011. Associated Cases: 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB (ft) (Entered: 06/21/2011) 06/23/ NOTICE OF APPEARANCE by Joseph Frank Russello on behalf of Martin Litwin (Russello, Joseph) (Entered: 06/23/2011) 07/05/ PRETRIAL SCHEDULING ORDER: Parties do not consent to proceed before a United States Magistrate for all purposes, pursuant to 28 U.S.C. section 636(c) and Fed. R.Civ.P.73. This case is added to the November 2012 Trailing Trial Calendar. Jury. Estimated number of trial days is fourteen. No additional causes of action or defenses may be asserted after December 1, 2011; Joinder of Parties due by 12/1/2011. No additional causes of action or defenses may be asserted after December 1, All Discovery except for expert due by 3/1/2012. Motions: The last day for fully-briefed motions (i.e. moving, opposition and reply papers) to be in Chambers is September 7, Either party may request (and will be given a date by Chambers) for oral argument. It is up to the parties, consistent with Federal and/or Local Rules, to ensure that each has sufficient time to brief their motions by the deadline. ENDORSEMENT: This Pretrial Scheduling Order is accepted, but you are directed to notify this Court within 10 days following a decision on the petition for Certiorai and set up another pretrial conference within 10 days thereafter. (Signed by Judge Harold Baer on 7/5/11) (djc) Modified on 7/5/2011 (djc). Modified on 7/6/2011 (djc). (Entered: 07/05/2011) 07/05/2011 Set Deadlines/Hearings: Amended Pleadings due by 12/1/2011. Motions due by 9/7/2012. Replies due by 9/7/2011. Responses due by 9/7/2011 (djc) (Entered: 07/05/2011) 08/05/ ANSWER to 30 Amended Complaint, with JURY DEMAND. Document filed by Hamilton E. James, Peter J. Peterson, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone Group, L.P..(Angiolillo, Bruce) (Entered: 08/05/2011) 09/07/ ENDORSED LETTER addressed to Judge Harold Baer, Jr. from David A.P. Brower and Bruce Domenick Angiolillo dated 9/6/2011 re: Counsel for lead plaintiffs and defendants write to inform the Court that the parties are not in a position to determine as

15 yet whether there are any disputes between them with respect to disclosure and discovery of electronically stored information or privilege issues related to that information. ENDORSEMENT: Seems fair- let's talk and put together some dates after the Supreme Court acts on the petition- call Chambers when that happens and we will fix a date for a conference. (Signed by Judge Harold Baer on 9/7/2011) (tro) (Entered: 09/07/2011) 10/20/ PRETRIAL SCHEDULING ORDER: The parties do not consent to proceed before a United States Magistrate for all purposes. This case is added to the January 2013 Trailing Trial Calendar. This is a jury trial. Joinder of Parties due by 2/1/2012. Amended Pleadings due by 2/1/2012. Discovery due by 5/1/2012. Motions due by 11/7/2012. Responses due by 11/7/2011. Replies due by 11/7/2011. Deposition due by 8/7/2012. The law clerk assigned to this case is Eric. (Signed by Judge Harold Baer on 10/20/2011) (ft) (Entered: 10/20/2011) 10/20/2011 Minute Entry for proceedings held before Judge Harold Baer: Initial Pretrial Conference held on 10/20/2011. (ft) (Entered: 10/21/2011) 01/19/ NOTICE OF APPEARANCE by Edward Y. Kroub on behalf of Martin Litwin, Max I Poulter, Francis Brady (Kroub, Edward) (Entered: 01/19/2012) 01/24/ NOTICE OF APPEARANCE by Jason Michael Husgen on behalf of BX Investor Group, Francis Brady, Max Poulter (Husgen, Jason) (Entered: 01/24/2012) 01/24/ FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Protective Order per Accompanying Stipulation Between the Parties. Document filed by BX Investor Group, Francis Brady, Hamilton E. James, Martin Litwin, Peter J. Peterson, Max Poulter, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone Group, L.P..(Husgen, Jason) Modified on 1/25/2012 (ldi). (Entered: 01/24/2012) 01/24/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jason Michael Husgen to Document No. 59 Stipulation and Order to Judgments@nysd.uscourts.gov. This document is not filed via ECF. (ldi) (Entered: 01/25/2012) 01/26/ STIPULATED AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Harold Baer on 1/26/2012) (cd) (Entered: 01/26/2012) 03/19/2012 Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 3/19/2012. (js) (Entered: 03/21/2012) 04/11/ ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. ESI Discovery. Referred to Magistrate Judge Frank Maas. (Signed by Judge Harold Baer on 4/10/2012) (pl) (Entered: 04/11/2012) 04/11/ ORDER: This Order resolves discovery disputes presented to the Court by letters of February 24, 2012 and March 2, 2012 in the manner that is set forth in this Order. (Signed by Judge Harold Baer on 4/10/2012) (pl) (Entered: 04/11/2012) 04/20/ NOTICE OF APPEARANCE by Daniel Joseph Stujenske on behalf of Hamilton E. James, Peter J. Peterson, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone

16 04/30/ /03/ /03/ /10/ I Group, L.P. (Stujenske, Daniel) (Entered: 04/20/2012) SCHEDULING ORDER: Accordingly, the Court will hold a telephone conference on May 3, 2012, at 5 p.m., to address those issues. Plaintiffs' counsel should initiate that call, contacting Chambers at (212) If this date and time are not suitable, counsel should place a conference call to Chambers before May 3 to select another mutually-convenient date and time. Telephone Conference set for 5/3/2012 at 05:00 PM before Magistrate Judge Frank Maas. Copies to all counsel via ECF (Signed by Magistrate Judge Frank Maas on 4/18/2012) (js) (Entered: 04/30/2012) ORDER: Status Conference set for 5/10/2012 at 06:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY before Magistrate Judge Frank Maas. Counsel for the Defendants should submit a marginal hit list report and a list of non-noise words by the close of business on May 9,2012. (Signed by Magistrate Judge Frank Maas on 5/3/2012) Copies Mailed By Chambers. (cd) (Entered: 05/04/2012) Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 5/3/2012. (rjm) (Entered: 05/07/2012) ENDORSED LETTER addressed to Judge Harold Baer Jr. from Bruce D. Angiolillo dated 5/9/12 re: Counsel writes on behalf of the defendants in response to lead plaintiffs 5/8/12 letter, which, under the guise of requesting clarification from the Court regarding the scope of Magistrate Judge Maas' authority regarding pending discovery disputes, is a brief. Endorsement: The Honorable Frank Maas: Since you have kindly begun the resolution of one discovery dispute which appears as is often the case to have blossomed and because it appears that there has been too little movement on this front and because there is a need for some time limits as well as because of your vast knowledge in both discovery disputes generally and ESI disputes in particular this is my authority for you to resolve all discovery disputes and as well notice to the parties to come versed in all such disputes to the conference this evening so that Judge Maas will have all or most all he needs to decide any open issue. (Signed by Judge Harold Baer on 5/10/2012) (mro) (Entered: 05/10/2012) 05/10/ ORDER:Pursuant to the conference held earlier today, it is hereby ORDERED that: 1. The parties shall comply with the discovery rulings during the conference. 2. A further conference shall be held on May 29, 2012, at 5 p.m., in Courtroom 6A (Signed by Magistrate Judge Frank Maas on 5/10/2012) (js) (Entered: 05/11/2012) 05/10/ Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery I Hearing held on 5/10/2012. (cd) (Entered: 05/14/2012) 05/21/ ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Daniel I. Wolf dated 5/21/2012 re: We represent Plaintiffs in the above captioned action, and respectfully write to request a one day extension of the deadline to file Plaintiffs' letter to the Court, as ordered in the Court's Order of May 10, At present, pursuant to the Order, Plaintiffs' letter must be filed with the Court on May 21, Plaintiffs request a one day extension of this deadline and permission to file their letter on May 22, Defendants do not oppose this brief extension. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 5/21/2012) (djc) (Entered: 05/22/2012) 05/29/ ORDER. It is hereby ORDERED that 1. By 5:00 p.m. on June 1, 2012, counsel for the Plaintiffs shall provide further revised search terms to the Defendants' counsel. 2. A

17 telephone conference shall be held on June 6, 2012, at 10:00 a.m. Counsel for the Plaintiffs should initiate that conference by calling Chambers at (212) (Telephone Conference set for 6/6/2012 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/29/2012) Copies Sent By Chambers. (rjm) (Entered: 05/30/2012) 05/29/ /01/ /01/ /01/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing/Conference held on 5/29/2012. (cd) (Entered: 05/31/2012) 71 TRANSCRIPT of Proceedings re: court conference held on 5/10/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 9/4/2012.(laq) (Entered: 06/11/2012) 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a court cpnference proceeding held on 5/10/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq) (Entered: 06/11/2012) 73 TRANSCRIPT of Proceedings re: court conference held on 5/29/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 9/4/2012.(laq) (Entered: 06/11/2012) 06/01/ NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a court conference proceeding held on 5/29/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq) (Entered: 06/11/2012) 06/19/ ORDER: Pursuant to the telephone conference held earlier today, it is hereby ORDERED that: 1. The parties shall comply with the discovery rulings during the conference. 2. A further telephone conference shall be held on June 26, 2012, at 4 p.m. Plaintiff's counsel should initiate that conference by calling Chambers at (212) In addition, counsel should submit a proposed revised discovery schedule in advance of that conference., ( Telephone Conference set for 6/26/2012 at 04:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/13/2012) Copies Sent By Chambers. (lmb) (Entered: 06/19/2012) 06/26/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/26/2012. (cd) (Entered: 08/03/2012)

18 06/27/ ORDER: By August 6, 2012, Defendants' counsel shall submit a letter summarizing the schedule on which document discovery was provided and represent whether its production is substantially complete. A further telephone conference shall be held on August 8, 2012, at 5 p.m. Plaintiffs counsel should initiate that conference by calling Chambers at (212) ( Telephone Conference set for 8/8/2012 at 05:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/26/2012) Copies Sent By Chambers. (jfe) (Entered: 06/27/2012) 07/23/ NOTICE OF APPEARANCE by David A.P. Brower on behalf of Francis Brady, Martin Litwin, Max Poulter (Brower, David) (Entered: 07/23/2012) 08/08/ /15/ /20/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 8/8/2012. (js) (Entered: 08/16/2012) 78 ENDORSED LETTER: addressed to Judge Harold Baer from Joseph Russello dated 8/14/2012 re: Co-lead counsel write to respectfully request that the Court modify its October 20, 2011 Pretrial Scheduling Order ("PSO"), consistent with the proposal below. Defendants have advised us that they consent to the schedule proposed herein, and would consent to any further revised schedule, on the condition that any such schedule provides 60 days for the Court to consider summary judgment motions prior to trial. As explained below, the parties were under the However, on August 9, 2012, Judge Maas convened an emergency conference with the parties, during which he advised for the flrst time that there waa misunderstanding and that the Coun would not, in fact, consider scheduling a trial in June As a result, Judge Maas indicated that he could not consider a request to modify the PSO. It was clear to Plaintiffs' counsel that this development had come as a surprise to Judge Maas, just as it had to the parties. ENDORSEMENT: I am and continue to be of the mind that discovery where necessary and despite representation from parties (like you) can be extended up to a week or two before trial. That cannot change the fully briefed motion schedule. In your case you took months getting your act together with respect to discovery-months before you even asked for help and that's discounting the discovery available and never sought before the initial motion-further as I explained, my TIC [Trailing Trial Calendar is now full thru July. Other lawyers have requests too. I'll be glad to call you if you prefer when and if I have 14 free days-you decide. TIC [Telephone Conference] Monday, 8/20 at 11 AM. (Signed by Judge Harold Baer on 8/15/2012) (js) (Entered: 08/15/2012) Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 8/20/2012. (ja) (Entered: 08/23/2012) 09/10/ TRANSCRIPT of Proceedings re: phone confernce held on 8/8/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Pamela Utter, (212) Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/13/2012.Filed In Associated Cases: 1:08-cv HB-FM, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB(McGuirk, Kelly) (Entered: 09/10/2012) 09/10/ NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a PHONE CONFERNCE proceeding held on 8/8/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven

19 (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...filed In Associated Cases: 1:08-cv HB-FM, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB, 1:08-cv HB(McGuirk, Kelly) (Entered: 09/10/2012) 10/10/ SCHEDULING ORDER: 1. This case is added to the September 2013 Trailing Trial Calendar. 2. Fact discovery shall be completed by March 1, Expert discovery shall be completed by April 26, The last day for fully-briefs motions to be in Chambers is June 21, Motions due by 6/21/2013. Fact Discovery due by 3/1/2013. Expert Discovery due by 4/26/2013. (Signed by Judge Harold Baer on 10/10/2012) (ago) (Entered: 10/10/2012) 10/22/ MOTION to Certify Class. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit A)(Russello, Joseph) (Entered: 10/22/2012) 10/22/ MEMORANDUM OF LAW in Support re: 82 MOTION to Certify Class.. Document filed by Francis Brady, Martin Litwin. (Russello, Joseph) (Entered: 10/22/2012) 10/22/ DECLARATION of Joseph Russello in Support re: 82 MOTION to Certify Class.. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Russello, Joseph) (Entered: 10/22/2012) 12/05/ NOTICE OF CHANGE OF ADDRESS by David A.P. Brower on behalf of Francis Brady. New Address: Brower Piven, A Professional Corporation, 475 Park Avenue South, 33rd Floor, New York, NY, USA 10016, (212) (Brower, David) (Entered: 12/05/2012) 12/05/ /08/ /09/ NOTICE OF APPEARANCE by Erin Whitney Boardman on behalf of Francis Brady, Martin Litwin (Boardman, Erin) (Entered: 12/05/2012) 87 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery dispute, plaintiff's letter of 1/4/2013. Referred to Magistrate Judge Frank Maas. (Signed by Judge Harold Baer on 1/8/2013) (cd) (Entered: 01/08/2013) 88 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Joseph Russello dated 1/4/2013 re: We respectfully request that the Court schedule a pre-motion conference, or, in the alternative, authorize the filing of plaintiffs' anticipated motion to compel. ENDORSEMENT: I am available to address this issue on 1/14/2013 at 2:00 p.m. in Courtroom 20A. If this date/time are not feasible, counsel should place a conference call to my Chambers to select another date/time. (Pre-Motion Conference set for 1/14/2013 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/9/2013) Copies Sent By Chambers to counsel via ECF, Mr. Musoff via Fax, Mr. Kasner via Fax. (rjm) Modified on 1/10/2013 (rjm). (Entered: 01/10/2013) 01/15/2013 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing/Conference held on 1/15/2013. (cd) (Entered: 01/16/2013) 01/18/ ORDER PURSUANT TO FED. R. EVID.502(d): IT IS HEREBY ORDERED, pursuant to Federal Rule of Evidence 502(d), that the production of any documents by a

20 party or witness in this proceeding shall not, for purposes of this proceeding or any other proceeding in any other court, constitute a waiver of any attorney-client privilege or attorney work product protection applicable to those documents. (Signed by Magistrate Judge Frank Maas on 1/18/2013) Copies Sent By Chambers. (ago) (Entered: 01/18/2013) 02/01/ STIPULATED ORDER OF WITHDRAWAL OF NAMED PLAINTIFF: Pursuant to Rule 21 of the Federal Rules of Civil Procedure, and subject to Court approval, the undersigned parties to this action hereby stipulate and agree to the withdrawal of Max Poulter as a named plaintiff in this action each side to bear its own costs, including attorneys' fees., Max Poulter terminated. (Signed by Judge Harold Baer on 1/31/2013) (lmb) (Entered: 02/01/2013) 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