United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:12-cv WY

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1 US District Court Civil Docket as of June 5, 2013 Retrieved from the court on June 26, 2013 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:12-cv WY FRATER v. HEMISPHERX BIOPHARMA, INC. et al Date Filed: 12/21/2012 Assigned to: HONORABLE WILLIAM H. YOHN, JR Jury Demand: Plaintiff related Case: 2:13-cv WY Nature of Suit: 850 Other Statutes: Cause: 15:78m(a) Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Date Filed # Docket Text 12/21/ COMPLAINT against CHARLES T. BERNHARDT, WILLIAM A. CARTER, THOMAS EQUELS, HEMISPHERX BIOPHARMA, INC. ( Filing fee $ 350 receipt number ), filed by STEPHANIE A. FRATER. (Attachments: # 1 Civil Cover Sheet, # 2 Case Management Track Form, # 3 Designation Form)(mima, ) (Entered: 12/21/2012) 12/21/2012 DEMAND for Trial by Jury by STEPHANIE A. FRATER. (mima, ) (Entered: 12/21/2012) 12/21/2012 Summons Issued as to CHARLES T. BERNHARDT, WILLIAM A. CARTER, THOMAS EQUELS, HEMISPHERX BIOPHARMA, INC.. Four Forwarded To: Counsel on December 21, 2012 (mima, ) (Entered: 12/21/2012) 01/22/ NOTICE of Appearance by ROBERT L. HICKOK on behalf of CHARLES T. BERNHARDT, WILLIAM A. CARTER, THOMAS EQUELS, HEMISPHERX BIOPHARMA, INC. with Certificate of Service(HICKOK, ROBERT) (Entered: 01/22/2013) 01/22/ NOTICE of Appearance by GAY BARLOW PARKS RAINVILLE on behalf of CHARLES T. BERNHARDT, WILLIAM A. CARTER, THOMAS EQUELS, HEMISPHERX BIOPHARMA, INC. with Certificate of Service(RAINVILLE, GAY) (Entered: 01/22/2013) 01/22/ NOTICE of Appearance by MICHELE CRIMALDI ZARYCHTA on behalf of CHARLES T. BERNHARDT, WILLIAM A. CARTER, THOMAS EQUELS, HEMISPHERX BIOPHARMA, INC. with Certificate of Service(CRIMALDI ZARYCHTA, MICHELE) (Entered: 01/22/2013) 01/22/ Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by HEMISPHERX BIOPHARMA, INC..(HICKOK, ROBERT) (Entered: 01/22/2013) 01/22/ STIPULATION And Proposed Order by CHARLES T. BERNHARDT, WILLIAM A. CARTER, THOMAS EQUELS, HEMISPHERX BIOPHARMA, INC.. (HICKOK, ROBERT) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/23/2013 (nd, ). (Entered: 01/22/2013)

2 01/23/ STIPULATION AND ORDER THAT, WITHIN 15 CALENDAR DAYS FOLLOWING THE COURT'S APPOINTMENT OF A LEAD PLAINTIFF AND APPROVAL OF THE LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL, THE PARTIES SHALL SUBMIT AN ADDITIONAL STIPULATION AND PROPOSED ORDER SETTING FORTH A MUTUALLY AGREEABLE SCHEDULE FOR THE FILING OF ANY AMENDED COMPLAINT; OTHER INSTRUCTIONS AS OUTLINED WITHIN ORDER. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 1/22/ /24/2013 ENTERED AND COPIES ED. (aeg, ) Modified on 1/24/2013 (aeg, ). (Entered: 01/24/2013) 02/04/ APPLICATION/PETITION FOR PRO HAC VICE ADMISSION OF (JEREMY A. LIEBERMAN)FILED by STEPHANIE A. FRATER.SPONSORS STATEMENT, PROPOSED ORDER, CERTIFICATE OF SERVICE. (FEE PAID PPE076336) (kk, ) (Entered: 02/04/2013) 02/05/ ORDER THAT THE PRO HAC VICE APPLICAITON OF ATTORNEY JEREMY A. LIEBERMAN FOR STEPHANIE A. FRATER IS GRANTED. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 2/5/ /5/2013 ENTERED AND COPIES ED.(kk, ) (Entered: 02/05/2013) 10 MOTION to Appoint Counsel Gainey McKenna & Egleston as lead counsel and Donovan Axler, LLC as liaison counsel filed by STEPHANIE A. FRATER.Memorandum, Declaration, Certificate of Service.(DONOVAN, MICHAEL) (Entered: ) 11 MOTION to Appoint Counsel and Lead Plaintiff filed by SAMUEL HOROWITZ, VENIAMIN MALAKH, GEORGE PALMER.Motion and Memorandum in Support of Movants' Motion for Lead Plaintiff and Counsel. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration, # 4 Certificate of Service)(MANISKAS, RICHARD) (Entered: ) 12 MOTION to Appoint Counsel Motion of Paul Grzechowiak for Appointment as Lead Plaintiff and Approval of His Selection of Counsel filed by PAUL GRZECHOWIAK. Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Text of Proposed Order, # 8 Certificate of Service)(ERNST, RYAN) Modified on 2/25/2013 (afm, ). (Entered: ) 13 MOTION to Appoint Counsel (Motion of the Hemispherx Investor Group for Appointment as Lead Plaintiff and Approval of Counsel) filed by STEPHANIE A. FRATER.Memorandum, Proposed Order, Certificate of Counsel. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Brief Memorandum of Law in Support, # 3 Certificate of Service Certificate of Service)(LIEBERMAN, JEREMY) (Entered: ) 14 MOTION to Appoint Counsel Cohen Milstein Sellers & Toll, PLLC filed by STEPHANIE A. FRATER.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order, # 7 Certificate of Service)(PRESTON, CASEY) (Entered: ) 15 Declaration re 13 MOTION to Appoint Counsel (Motion of the Hemispherx Investor Group for Appointment as Lead Plaintiff and Approval of Counsel) by STEPHANIE A.

3 FRATER. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Plaintiff Certifications, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Firm Resume, # 5 E - Firm Resume)(LIEBERMAN, JEREMY) (Entered: ) 02/25/ NOTICE by STEPHANIE A. FRATER re 14 MOTION to Appoint Counsel Cohen Milstein Sellers & Toll, PLLC (Notice of Correction to Memorandum of Law in Support of Motion of Malkit S. Sappal for Appointment as Lead Plaintiff and Appointment of Lead Counsel (Dkt. No. 14-1) & Loss Chart Appended Thereto as Exhibit B (Dkt. No. 14-4)) (Attachments: # 1 Certificate of Service)(PRESTON, CASEY) (Entered: 02/25/2013) 03/04/ NOTICE by STEPHANIE A. FRATER re 16 Notice (Other), 14 MOTION to Appoint Counsel Cohen Milstein Sellers & Toll, PLLC (Notice of Withdrawal of Motion of Malkit S. Sappal for Appointment as Lead Plaintiff and Appointment of Lead Counsel) (Attachments: # 1 Certificate of Service)(PRESTON, CASEY) (Entered: 03/04/2013) 03/04/ NOTICE of Withdrawal Motion for Appt. of Lead Plaintiff and Lead Counsel filed by SAMUEL HOROWITZ, VENIAMIN MALAKH, GEORGE PALMER.Notice of Withdrawal. (Attachments: # 1 Certificate of Service)(MANISKAS, RICHARD) Modified on 3/5/2013 (lisad, ). (Entered: 03/04/2013) 03/07/ NOTICE of Withdrawal of 12 MOTION to Appoint Counsel Motion of Paul Grzechowiak for Appointment as Lead Plaintiff and Approval of His Selection of Counsel -- Notice of Withdrawal of Motion of Paul Grzechowiak for Appointment as Lead Plaintiff and Approval of His Selection of Counsel -- by PAUL GRZECHOWIAK. Certificate of Service. (Attachments: # 1 Certificate of Service)(ERNST, RYAN) Modified on 3/8/2013 (ahf, ). (Entered: 03/07/2013) 03/08/ NOTICE of Withdrawal of LEAD PLAINTIFF MOTION BY THE MOJON GROUP filed by STEPHANIE A. FRATER. Certificate of Service.(DONOVAN, MICHAEL) Modified on 3/11/2013 (lisad, ). (Entered: 03/08/2013) 03/11/ NOTICE by STEPHANIE A. FRATER of Non Opposition to the Motion of the Hemispherx Investor Group for Appointment as Lead Plaintiff and Approval of Counsel (Attachments: # 1 Certificate of Service)(RICHARDS, IRA) (Entered: 03/11/2013) 03/14/ ORDER APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF COUNSEL. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/13/13. 3/14/13 ENTERED AND COPIES ED.(rf, ) (Entered: 03/14/2013) 03/19/ NOTICE of Appearance by ALEJANDRO J. SALICRUP on behalf of CHARLES T. BERNHARDT, WILLIAM A. CARTER, THOMAS EQUELS, HEMISPHERX BIOPHARMA, INC. with Certificate of Service(SALICRUP, ALEJANDRO) (Entered: 03/19/2013) 03/26/ STIPULATION and (Proposed Order) re Consolidated Amended Complaint by STEPHANIE A. FRATER. (Attachments: # 1 Certificate of Service)(RICHARDS, IRA) *FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL* Modified on 3/27/2013 (lisad, ). (Entered: 03/26/2013) 03/29/ STIPULATION AND ORDER THAT THE LEAD PLAINTIFF SHALL FILE A CONSOLIDATED AMENDED COMPLAINT NO LATER THAN 5/20/2013. THE AMENDED COMPLAINT WILL SUPERSEDE ALL EXISTING COMPLAINTS

4 PREVIOUSLY FILED, ETC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/29/213. 3/29/2013 ENTERED AND COPIES ED.(kk, ) (Entered: 03/29/2013) 04/05/ APPLICATION FOR PRO HAC VICE ADMISSION OF LOUIS C. LUDWIG FILED BY STEPHANIE A. FRATER.SPONSOR STATEMENT, PROPOSED ORDER, CERTIFICATE OF SERVICE. (FEE PAID PPE079723) (kk, ) (Entered: 04/05/2013) 04/05/ APPLICATION FOR PRO HAC VICE ADMISSION OF PATRICK V. DAHLSTROM FILED BY STEPHANIE A. FRATER.SPONSOR STATEMENT, PROPOSED ORDER, CERTIFICATE OF SERVICE. (FEE PAID PPE079723) (kk, ) (Entered: 04/05/2013) 04/05/ APPLICATION FOR PRO HAC VICE ADMISSION OF JOSHUA B. SILVERMAN FILED BY STEPHANIE A. FRATER.SPONSOR STATEMENT, PROPOSED ORDER, CERTIFICATE OF SERVICE. (FEE PAID PPE079723)(kk, ) (Entered: 04/05/2013) 04/05/ APPLICATION FOR PRO HAC VICE ADMISSION OF MARK B. GOLDSTEIN FILED BY STEPHANIE A. FRATER.SPONSOR STATEMENT, PROPOSED ORDER, CERTIFICATE OF SERVICE. (FEE PAID PPE079723) (kk, ) (Entered: 04/05/2013) 04/08/ ORDER THAT THE APPLICATION OF MARK GOLDSTEIN TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 4/8/13. 4/8/13 ENTERED AND COPIES MAILED, ED.(jl, ) (Entered: 04/08/2013) 04/08/ ORDER THAT THE APPLICATION OF LOUIS C. LUDWIG FOR ADMISSION TO THE COURT PRO HAC VICE ON BEHALF OF STEPHANIE A. FRATER IS HEREBY GRANTED. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 4/8/ /8/2013 ENTERED AND COPIES MAILED, ED.(kp, ) (Entered: 04/08/2013) 04/08/ ORDER THAT THE APPLICATION OF JOSHUA B. SILVERMAN, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVL PROCEDURE (b) IS GRANTED. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 4/8/13. 4/9/13 ENTERED AND COPIES MAILED AND E- MAILED.(mbh, ) (Entered: 04/09/2013) 04/08/ ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF PATRICK V. DAHLSTROM AS OUTLINED HEREIN.SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 4/8/13. 4/9/13 ENTERED AND COPIES MAILED, ED.(rf, ) (Entered: 04/09/2013) 05/20/ CONSOLIDATED AMENDED COMPLAINT against WILLIAM A. CARTER, HEMISPHERX BIOPHARMA, INC., DAVID STRAYER, WAYNE PAMBIANCHI, Certificate of Service; jury demand, filed by PLFF STEPHANIE A. FRATER. kw, ) (Entered: 05/21/2013) 05/20/2013 Summons on Consolidated Amended Complaint Issued as to WAYNE PAMBIANCHI, DAVID STRAYER. Forwarded To: counsel on 5/21/13. (kw, ) (Entered: 05/21/2013) 06/04/ STIPULATION AND [PROPOSED ORDER] by STEPHANIE A. FRATER.

5 I (Attachments: # 1 Certificate of Service)(RICHARDS, IRA) (Entered: 06/04/2013) 06/05/ STIPULATION AND ORDER THAT ROBERT HICKOK AND GAY PARKS RAINVILLE, ATTORNEYS FOR ALL DEFENDANTS INCLUDING DEFENDANTS STRAYER AND PAMBIANCHI ARE AUTHORIZED TO, AND HEREBY ACCEPT, SERVICE OF THE AMENDED COMPLAINT ON BEHALF OF DEFENDANTS STRAYER AND PAMBIANCHI. THE DEADLINE FOR DEFENDANTS STRAYER AND PAMBIANCHI TO MOVE, ANSWER OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT SHALL BE 60 DAYS AFTER THE AMENDED COMPLAINT WAS FILED, OR 7/19/2013, ETC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 6/5/13. 6/5/13 ENTERED AND COPIES MAILED AND ED.(tisl, ) Modified on 6/5/2013 (tisl, ). (Entered: 06/05/2013) 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