U.S. District Court Eastern District of Virginia - (Alexandria) CIVIL DOCKET FOR CASE #: 1:16-cv TSE-MSN

Transcription

1 US District Court Civil Docket as of March 5, 2018 Retrieved from the court on March 5, 2018 U.S. District Court Eastern District of Virginia - (Alexandria) CIVIL DOCKET FOR CASE #: 1:16-cv TSE-MSN Knurr v. Orbital ATK Inc. et al Assigned to: District Judge T. S. Ellis, III Referred to: Magistrate Judge Michael S. Nachmanoff Cause: 15:78m(a) Securities Exchange Act Date Filed: 08/12/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Steven Knurr Individually and On Behalf of All Others Similarly Situated Plaintiff Construction Laborers Pension Trust of Greater St. Louis Defendant Orbital ATK Inc. represented by Steven Jeffrey Toll Cohen Milstein Sellers & Toll PLLC (DC) 1100 New York Ave NW Suite 500, West Tower Washington, DC (202) stoll@cohenmilstein.com represented by Craig Crandall Reilly Law Office of Craig C. Reilly 111 Oronoco St Alexandria, VA Fax: craig.reilly@ccreillylaw.com represented by Lyle Roberts Cooley LLP (DC) 1299 Pennsylvania Ave., NW Suite 700 Washington, DC Fax: lroberts@cooley.com

2 Defendant David W. Thompson Defendant Garrett E. Pierce Defendant Mark W DeYoung Defendant Blake E. Larson Defendant Hollis Thompson Movant Christopher B. Cooper Movant John K. Kim represented by Lyle Roberts (See above for address) represented by Lyle Roberts (See above for address) represented by Michael Anthony Petrino Kirkland & Ellis LLP (DC) th St NW Suite 12 Washington, DC Fax: michael.petrino@kirkland.com represented by Lyle Roberts (See above for address) represented by Lyle Roberts (See above for address) represented by Steven Jeffrey Toll (See above for address) represented by Steven Jeffrey Toll (See above for address) Interested Party

3 Arkansas Teacher Retirement System represented by Susan Rebbeca Podolsky The Law Offices of Susan R Podolsky 1800 Diagnal Road Suite 600 Alexandria, VA Fax: spodolsky@podolskylaw.com Date Filed # Docket Text 08/12/ COMPLAINT against Orbital ATK Inc., Garrett E. Pierce, David W. Thompson ( Filing fee $ 400, receipt number ), filed by Steven Knurr. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Receipt)(dvanm, ) (Entered: 08/15/2016) 08/12/ Summons Issued, via SPS, as to Orbital ATK Inc., Garrett E. Pierce, and David W. Thompson. (dvanm, ) (Entered: 08/15/2016) 08/19/ SUMMONS Returned Executed by Steven Knurr Orbital ATK Inc. served on 8/16/2016, answer due 9/6/2016; Garrett E. Pierce served on 8/16/2016, answer due 9/6/2016; David W. Thompson served on 8/16/2016, answer due 9/6/2016. (dvanm, ) (Entered: 08/23/2016) 08/31/ NOTICE of Appearance by Lyle Roberts on behalf of Orbital ATK Inc., Garrett E. Pierce, David W. Thompson (Roberts, Lyle) (Entered: 08/31/2016) 08/31/ Joint MOTION for Extension of Deadlines to File Pleadings or Motions in Response to Complaint by Orbital ATK Inc., Garrett E. Pierce, David W. Thompson. (Attachments: # 1 Proposed Order)(Roberts, Lyle) (Entered: 08/31/2016) 09/27/ ORDER granting 5 Motion for Extension of Time to File. Signed by District Judge T. S. Ellis, III on 9/27/2016. (dvanm, ) (Entered: 09/28/2016) 10/11/ MOTION for Appointment as Lead Plaintiff by Construction Laborers Pension Trust of Greater St. Louis. (Attachments: # 1 Proposed Order)(Reilly, Craig) (Entered: 10/11/2016) 10/11/ Memorandum in Support re 7 MOTION for Appointment as Lead Plaintiff filed by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/11/2016) 10/11/ Declaration re 7 MOTION for Appointment as Lead Plaintiff by Construction Laborers Pension Trust of Greater St. Louis. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Reilly, Craig) (Entered: 10/11/2016) 10/11/ Financial Interest Disclosure Statement (Local Rule 7.1) by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/11/2016)

4 10/11/ MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Arkansas Teacher Retirement System. (Podolsky, Susan) (Entered: 10/11/2016) 10/11/ Memorandum in Support re 11 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Arkansas Teacher Retirement System. (Attachments: # 1 Affidavit Declaration of Susan R. Podolsky and Exhibits A-E in support of the Motion of Arkansas Teacher Retirement System for Appointment as Lead Plaintiff and Approval of Selection of Counsel, # 2 Proposed Order)(Podolsky, Susan) (Entered: 10/11/2016) 10/11/ Notice of Hearing Date re 11 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff (Podolsky, Susan) (Entered: 10/11/2016) 10/11/ MOTION Appointment as Lead Plaintiffs and Approval of Counsel by Christopher B. Cooper, John K. Kim. (Attachments: # 1 Proposed Order)(Toll, Steven) (Entered: 10/11/2016) 10/11/ Memorandum in Support re 14 MOTION Appointment as Lead Plaintiffs and Approval of Counsel filed by Christopher B. Cooper, John K. Kim. (Toll, Steven) (Entered: 10/11/2016) 10/11/ AFFIDAVIT in Support re 14 MOTION Appointment as Lead Plaintiffs and Approval of Counsel filed by Christopher B. Cooper, John K. Kim. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Toll, Steven) (Entered: 10/11/2016) 10/12/2016 Set Deadlines as to 11 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff. Motion Hearing set for 11/4/2016 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) (Entered: 10/12/2016) 10/25/ RESPONSE to Motion re 7 MOTION for Appointment as Lead Plaintiff, 11 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Christopher B. Cooper, John K. Kim. (Toll, Steven) (Entered: 10/25/2016) 10/25/ Memorandum in Opposition re 14 MOTION Appointment as Lead Plaintiffs and Approval of Counsel, 11 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/25/2016) 10/25/ Declaration re 18 Memorandum in Opposition, by Construction Laborers Pension Trust of Greater St. Louis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Reilly, Craig) (Entered: 10/25/2016) 10/26/ Memorandum in Opposition re 7 MOTION for Appointment as Lead Plaintiff of Construction Laborers Pension of Greater St. Louis [ECF No. 7] filed by Arkansas Teacher Retirement System. (Podolsky, Susan) (Entered: 10/26/2016) 10/26/ Motion to appear Pro Hac Vice by Naumon Ahmed Amjed and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number by Arkansas Teacher Retirement System. (Podolsky, Susan) (Entered: 10/26/2016) 10/26/ Motion to appear Pro Hac Vice by Francis Paul McConville and Certification of Local Counsel Susan R Podolsky Filing fee $ 75, receipt number by Arkansas Teacher Retirement System. (Podolsky, Susan) (Entered: 10/26/2016)

5 10/27/ ORDER granting 22 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 10/27/2016. (dvanm, ) (Entered: 10/27/2016) 10/27/ ORDER granting 21 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 10/27/2016. (dvanm, ) (Entered: 10/27/2016) 10/27/ NOTICE by Orbital ATK Inc., Garrett E. Pierce, David W. Thompson re 11 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff (Attachments: # 1 Declaration of Lyle Roberts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Roberts, Lyle) (Entered: 10/27/2016) 10/28/ Motion to appear Pro Hac Vice by Samuel H. Rudman and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/28/2016) 10/28/ Motion to appear Pro Hac Vice by Danielle S. Myers and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/28/2016) 10/28/ Motion to appear Pro Hac Vice by James E. Barz and Certification of Local Counsel Craig C. Reilly Filing fee $ 75, receipt number by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/28/2016) 10/31/ ORDER granting 28 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 10/31/2016. (dvanm, ) (Entered: 10/31/2016) 10/31/ ORDER granting 27 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 10/31/2016. (dvanm, ) (Entered: 10/31/2016) 10/31/ ORDER granting 26 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 10/31/2016. (dvanm, ) (Entered: 10/31/2016) 10/31/ REPLY to Response to Motion re 7 MOTION for Appointment as Lead Plaintiff filed by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/31/2016) 10/31/ REPLY to Response to Motion re 11 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff And In Opposition to The Construction Laborers Pension Trust of Greater St. Louis's Motion and Defendants' Notice filed by Arkansas Teacher Retirement System. (Attachments: # 1 Affidavit Supplemental Declaration of Susan R. Podolsky and Exhibits A - G)(Podolsky, Susan) (Entered: 10/31/2016) 11/01/ NOTICE by Arkansas Teacher Retirement System re 33 Reply to Response to Motion, Notice of Additional Appointment and Submission of Legislative History (Attachments: # 1 Exhibit A (Order entered in St. Lucie County Fire District Firefighters' Pension Trust Fund v. Stericycle, Inc.), # 2 Exhibit B (House of Representatives Conference Report H.R. Conf. Rep. No ))(Podolsky, Susan) (Entered: 11/01/2016)

6 11/02/ Motion to appear Pro Hac Vice by James William Johnson and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number by Arkansas Teacher Retirement System. (Podolsky, Susan) (Entered: 11/02/2016) 11/02/ Motion to appear Pro Hac Vice by Gregory Michael Castaldo and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number by Arkansas Teacher Retirement System. (Podolsky, Susan) (Entered: 11/02/2016) 11/03/ ORDER granting 35 Motion for Pro hac vice by James William Johnson. Signed by District Judge T. S. Ellis, III on 11/3/16. (gwalk, ) (Entered: 11/03/2016) 11/03/ ORDER granting 36 Motion for Pro hac vice by Gregory Michael Castaldo. Signed by District Judge T. S. Ellis, III on 11/3/16. (gwalk, ) (Entered: 11/03/2016) 11/04/ Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 11/4/2016 re: 7 for Appointment of Lead Counsel, 11 to Appoint Counsel and for Appointment as Lead Counsel, 11 for appointment as Lead Plaintiff. Craic C. Reilly, Jim Barz, and Dani Myers present as movant. Susan R. Podolsky, Naumon Amjed, Francis P. McConville present as movant w/ George Hopkins. Lyle Roberts present on behalf of defendants. Matter briefed, argued, and taken under advisement. Order to follow. (Court Reporter Tonia Harris)(mpha) (Entered: 11/07/2016) 11/04/ ORDER The matter came before the Court on threshold motions for appointment of lead plaintiff and counsel in this securities class action (case docs. 7, 11, 14 ). For the reasons stated from the bench, and for good cause, It is hereby ORDERED that the motions are TAKEN UNDER ADVISEMENT. Signed by District Judge T. S. Ellis, III on 11/04/2016. (mpha) (Entered: 11/07/2016) 11/10/ MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 11/10/16. (gwalk, )ORDER TO FOLLOW (Entered: 11/10/2016) 11/10/ ORDER - For good cause, and for the reasons stated in the Memorandum Opinion of even date, It is hereby ORDERED that Construction Laborers Pension Trust of Greater St. Louis' motion for appointment as lead plaintiff (Doc. 7) is GRANTED.It is further ORDERED that the parties are DIRECTED to meet and confer for the purpose of proposing to the Court a schedule governing motions and a hearing on class certification, and to submit that schedule to the Court by 5:00 p.m. on Friday, November 25, It is further ORDERED that Arkansas Teacher Retirement System's motion for appointment as lead plaintiff and approval of selection of counsel (Doc. 11) is DENIED. It is further ORDERED that Christopher B. Cooper and John Kim's motion for appointment u lead plaintiffs and approval of counsel (Doc. 14) is DENIED. Signed by District Judge T. S. Ellis, III on 11/10/16. (gwalk, ) (Entered: 11/10/2016) 11/25/ NOTICE by Construction Laborers Pension Trust of Greater St. Louis re 42 Order on Motion for Miscellaneous Relief, Order on Motion to Appoint Counsel,,,,,,,,,, The Parties' Proposals Concerning Schedule in Response to the Court's November 10, 2016 Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Reilly, Craig) (Entered: 11/25/2016) 11/29/ ORDER - The lead plaintiff's complaint, which will be the sole, operativecomplaint in this case, must be filed by 5:00 p.m. on Friday, January 20, 2017.It is further

7 ORDERED that defendants' anticipated motion to dismiss must be filed by 5:00 p.m. on Friday, February 10, The local rules shall govern the filing of any remaining pleadings for defendants' motion to dismiss. Signed by District Judge T. S. Ellis, III on 11/29/2016. (see Order for further details)(dvanm, ) (Entered: 11/29/2016) 12/01/ TRANSCRIPT of proceedings held on , before Judge T.S. Ellis, Court Reporter/Transcriber Tonia Harris, Telephone number NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at 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 1/2/2017. Redacted Transcript Deadline set for 1/31/2017. Release of Transcript Restriction set for 3/1/2017.(harris, tonia) (Entered: 12/01/2016) 01/11/ Consent MOTION for Extension of Time to File Complaint by Construction Laborers Pension Trust of Greater St. Louis. (Attachments: # 1 Proposed Order)(Reilly, Craig) (Entered: 01/11/2017) 01/11/ ORDER granting 46 Motion for Extension of Time to File. It is hereby ORDERED that lead plaintiff's complaint, which will be the sole,operative complaint in this case, must be filed by 5:00 p.m. on Friday, February 24, It is further ORDERED that defendants' anticipated motion to dismiss must be filed by 5:00 p.m. on Friday, March 17, The local rules shall govern the filing of any remaining pleadings for defendants' motion to dismiss. Signed by District Judge T. S. Ellis, III on 1/11/2017. (dvanm, ) (Entered: 01/11/2017) 01/31/ Motion to appear Pro Hac Vice by George Anhang and Certification of Local Counsel Lyle Roberts Filing fee $ 75, receipt number by Orbital ATK Inc., Garrett E. Pierce, David W. Thompson. (Roberts, Lyle) (Entered: 01/31/2017) 01/31/ Financial Interest Disclosure Statement (Local Rule 7.1) by Orbital ATK Inc.. (Roberts, Lyle) (Entered: 01/31/2017) 02/01/ ORDER granting 48 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 02/01/2017. (dvanm, ) (Entered: 02/01/2017) 02/15/ Consent MOTION for Extension of Time to File Complaint by Construction Laborers Pension Trust of Greater St. Louis. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Reilly, Craig) (Entered: 02/15/2017) 02/16/ ORDER granting 51 Motion for Extension of Time; ORDERED that lead plaintiff's complaint, which will be the sole, operative complaint in this case, must be filed by 5:00 p.m. on Monday, April 24, It is further ORDERED that defendants' anticipated motion to dismiss must be filed by 5:00 p.m. on Friday, May 15, The local rules shall govern the filing of any remaining pleadings for defendants' motion to dismiss. Signed by District Judge T. S. Ellis, III on 02/16/2017. (jlan) (Entered: 02/20/2017)

8 04/24/ AMENDED COMPLAINT filed by Lead Plaintiff against Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Mark W DeYoung, Blake E. Larson, filed by Construction Laborers Pension Trust of Greater St. Louis. (Attachments: # 1 Supplement St. Louis Lab. Certif., # 2 Supplement Wayne Co. Certif.)(Reilly, Craig) (Entered: 04/24/2017) 04/25/ Proposed Summons re 53 Amended Complaint, Serve: Blake E. Larson by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 04/25/2017) 04/25/ Proposed Summons re 53 Amended Complaint, Serve: Mark W. DeYoung by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 04/25/2017) 04/26/ Summons Issued as to Mark W DeYoung, Blake E. Larson. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 04/26/2017) 05/04/ MOTION for Extension of Time to File Motion in Response to Lead Plaintiff's Complaint, and for Leave to Exceed Page Limitation (UNOPPOSED) by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson. (Attachments: # 1 Exhibit Proposed Order)(Roberts, Lyle) (Entered: 05/04/2017) 05/08/ ORDER granting 57 defendants' unopposed motion for an extension for filing amotion to dismiss is GRANTED, and accordingly defendants' joint motion to dismiss must be filed by 5:00 p.m. on Tuesday, May 30, The local mies shall govern the timing of response and reply briefs. It is further ORDERED that defendants' request to file a joint brief of up to 40 pages isgranted, and plaintiff may file a response brief of up to 40 pages as well. The local rules shall govem the length of defendants' reply brief. Signed by District Judge T. S. Ellis, III on 05/08/2017. (dvanm, ) (Entered: 05/08/2017) 05/08/ AFFIDAVIT OF SERVICE Returned Executed by Construction Laborers Pension Trust of Greater St. Louis Mark W DeYoung served on 4/27/2017, answer due 5/18/2017; Blake E. Larson served on 4/26/2017, answer due 5/17/2017 (dvanm, ) (Entered: 05/08/2017) 05/09/ NOTICE of Appearance by Michael Anthony Petrino on behalf of Mark W DeYoung (Petrino, Michael) (Entered: 05/09/2017) 05/22/ Motion to appear Pro Hac Vice by Joshua Zev Rabinovitz and Certification of Local Counsel Michael Petrino Filing fee $ 75, receipt number by Mark W DeYoung. (Petrino, Michael) (Entered: 05/22/2017) 05/22/ Motion to appear Pro Hac Vice by Andrew Brian Clubok and Certification of Local Counsel Michael Petrino Filing fee $ 75, receipt number by Mark W DeYoung. (Petrino, Michael) (Entered: 05/22/2017) 05/22/ Motion to appear Pro Hac Vice by Shireen Barday and Certification of Local Counsel Michael Petrino Filing fee $ 75, receipt number by Mark W DeYoung. (Petrino, Michael) (Entered: 05/22/2017)

9 05/23/ ORDER granting 62 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 05/23/2017. (dvanm, ) (Entered: 05/23/2017) 05/23/ ORDER granting 61 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 05/23/2017. (dvanm, ) (Entered: 05/23/2017) 05/23/ ORDER granting 63 Motion for Pro hac vice. Signed by District Judge T. S. Ellis, III on 05/23/2017. (dvanm, ) (Entered: 05/23/2017) 05/30/ MOTION to Dismiss by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson. (Roberts, Lyle) (Entered: 05/30/2017) 05/30/ Memorandum in Support re 67 MOTION to Dismiss filed by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson. (Roberts, Lyle) (Entered: 05/30/2017) 05/30/ Declaration re 67 MOTION to Dismiss by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Errata 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)(Roberts, Lyle) (Entered: 05/30/2017) 05/31/2017 Notice of Correction re 67 MOTION to Dismiss. The filing user has been notified to file a Notice of Hearing Date. (dvanm, ) (Entered: 05/31/2017) 06/06/ Notice of Hearing Date re 67 MOTION to Dismiss (Roberts, Lyle) (Entered: 06/06/2017) 06/07/2017 Set Deadlines as to 67 MOTION to Dismiss. Motion Hearing set for 7/14/2017 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) (Entered: 06/07/2017) 06/13/ Memorandum in Opposition re 67 MOTION to Dismiss filed by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 06/13/2017) 06/19/ Memorandum in Support re 67 MOTION to Dismiss Plaintiffs' Complaint filed by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson. (Roberts, Lyle) (Entered: 06/19/2017) 07/14/ Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 7/14/2017 re: Defendant's Motion 67 to Dismiss. Craig C. Reilly and Jim Barz present on behalf of plaintiffs. Lyle Roberts, Michael A. Petrino, and Joshua Z. Rabinovitz present on behalf of defendants. Matter briefed, argued, and taken under advisement. Order to follow. (Court Reporter Laquicia Thomas (Casamo & Associates))(mpha) (Entered: 07/14/2017) 07/14/ ORDER taking under advisement Motion 67 to Dismiss: for the reasons stated from the Bench, and for good cause, defendants' motion to dismiss 67 is TAKEN UNDER ADVISEMENT. Signed by District Judge T. S. Ellis, III on 07/14/2017. (mpha) (Entered: 07/17/2017)

10 09/26/ MEMORANDUM OPINION I. Signed by District Judge T. S. Ellis, III on 09/26/2017. (dvanm, ) (Entered: 09/27/2017) 09/26/ MEMORANDUM OPINION II. Signed by District Judge T. S. Ellis, III on 09/26/2017. (dvanm, ) (Entered: 09/27/2017) 09/26/ ORDER granting in part and denying in part 67 Motion to Dismiss. It is further ORDERED that plaintiffs may file, if they wish, a second amendedcomplaint by no later than 5 :00 p.m. on Tuesday, October 10, Signed by District Judge T. S. Ellis, III on 09/26/2017. (see Order for further details) (dvanm, ) (Entered: 09/27/2017) 10/10/ AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against All Defendants, filed by Construction Laborers Pension Trust of Greater St. Louis.(Reilly, Craig) (Entered: 10/10/2017) 10/10/ Proposed Summons re 78 Amended Complaint by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 10/10/2017) 10/16/ Summons Issued as to Hollis Thompson. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 10/16/2017) 10/24/ MOTION to Dismiss for Failure to State a Claim by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson. (Roberts, Lyle) (Entered: 10/24/2017) 10/24/ Memorandum in Support re 81 MOTION to Dismiss for Failure to State a Claim filed by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson. (Roberts, Lyle) (Entered: 10/24/2017) 10/24/ Declaration re 82 Memorandum in Support of Motion to Dismiss Amended Complaint by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson. (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 21, # 21 Exhibit 22, # 22 Exhibit 23, # 23 Exhibit 25, # 24 Exhibit 26, # 25 Exhibit 27)(Roberts, Lyle) (Entered: 10/24/2017) 10/25/2017 Notice of Correction re 81 MOTION to Dismiss for Failure to State a Claim. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) (Entered: 10/25/2017) 11/07/ Memorandum in Opposition re 81 MOTION to Dismiss for Failure to State a Claim filed by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 11/07/2017) 11/09/ Request for Hearing by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson re 81 MOTION to Dismiss for Failure to State a Claim JOINT NOTICE OF REQUEST (Roberts, Lyle) (Entered: 11/09/2017)

11 11/09/2017 Set Deadlines as to 81 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 12/15/2017 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) (Entered: 11/09/2017) 11/13/ Memorandum in Support re 81 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson. (Roberts, Lyle) (Entered: 11/13/2017) 11/21/ MOTION for Certificate of Appealability of the Court's September 26, 2017 Order by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson. (Roberts, Lyle) (Entered: 11/21/2017) 11/21/ Memorandum in Support re 87 MOTION for Certificate of Appealability of the Court's September 26, 2017 Order filed by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson. (Roberts, Lyle) (Entered: 11/21/2017) 11/27/2017 Per TSE Chambers, Motion Hearing 81 previously set for 10:00AM reset for 12/8/2017 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (mpha) (Entered: 11/27/2017) 11/28/ NOTICE by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson re 81 MOTION to Dismiss for Failure to State a Claim REQUEST FOR LEAVE TO FILE NOTICE OF RECENT AUTHORITY IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (Attachments: # 1 Supplement Recent Authority)(Roberts, Lyle) (Entered: 11/28/2017) 11/30/ Response to 89 NOTICE, Response to Defendants' Request for Leave to File and Notice of Supplemental Authority filed by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 11/30/2017) 12/05/ Consent MOTION for Leave to Participate in the 12/8/2017 Hearing Without Local Counsel by Mark W DeYoung. (Petrino, Michael) (Entered: 12/05/2017) 12/05/ Memorandum in Opposition re 87 MOTION for Certificate of Appealability of the Court's September 26, 2017 Order filed by Construction Laborers Pension Trust of Greater St. Louis. (Reilly, Craig) (Entered: 12/05/2017) 12/05/ ORDER that Defendant's 91 Motion for Leave to Participate in the 12/8/2017 Hearing Without Local Counsel is GRANTED. Signed by District Judge T. S. Ellis, III on 12/5/17. (klau, ) (Entered: 12/06/2017) 12/08/ Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 12/8/2017 re: Defendant's Motion 81 to Dismiss for Failure to State a Claim. Craig C. Reilly and Jim Barz present on behalf of plaintiffs. Lyle Roberts, George Anhang, and Joshua Z. Rabinovitz present on behalf of defendants. Matter briefed, argued, and taken under advisement. order to follow. (Court Reporter Tonia Harris)(mpha) (Entered: 12/08/2017) 12/08/ ORDER for good cause, and for the reasons stated from the Bench, defendant's motion to dismiss 81 is TAKEN UNDER ADVISEMENT. Signed by District Judge T. S. Ellis, III on 12/08/2017. (mpha) (Entered: 12/11/2017)

12 12/11/ REPLY to Response to Motion re 87 MOTION for Certificate of Appealability of the Court's September 26, 2017 Order filed by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson. (Roberts, Lyle) (Entered: 12/11/2017) 12/11/ NOTICE by Mark W DeYoung, Blake E. Larson, Orbital ATK Inc., Garrett E. Pierce, David W. Thompson, Hollis Thompson re 87 MOTION for Certificate of Appealability of the Court's September 26, 2017 Order NOTICE OF SUBMISSION WITHOUT ORAL ARGUMENT OF DEFENDANTS' MOTION FOR CERTIFICATION OF THE COURT'S SEPTEMBER 26, 2017 ORDER FOR INTERLOCUTORY APPEAL (Roberts, Lyle) (Entered: 12/11/2017) 12/14/ TRANSCRIPT of proceedings held on , before Judge T.S. Ellis, Court Reporter/Transcriber Tonia Harris, Telephone number NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at 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 1/16/2018. Redacted Transcript Deadline set for 2/13/2018. Release of Transcript Restriction set for 3/14/2018.(harris, tonia) (Entered: 12/14/2017) 03/02/ MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 3/2/2018. (rban, ) (Entered: 03/02/2018) 03/02/ ORDER, for the reasons stated in the accompanying Memorandum Opinion, that defendants' Motion to Dismiss 81 is GRANTED IN PART and DENIED IN PART. Defendants' motion is GRANTED with respect to plaintiffs' 10(b) claim against individual defendant Hollis Thompson. Defendants' motion is DENIED with respect to plaintiffs' 10(b) claim against corporate defendant Orbital ATK. Because plaintiffs' 10(b) claim against Orbital ATK and plaintiffs' 14(a) claims against the individual and the corporate defendants are going forward, it is inappropriate to grant a certificate of appealability on the question whether a negligence or a scienter standard applies to 14(a) claims. Accordingly, it is further ORDERED that defendants' Motion for a Certificate of Appealability 87 is DENIED. Signed by District Judge T. S. Ellis, III on 3/2/2018. (rban, ) (Entered: 03/02/2018) 03/02/ SCHEDULING ORDER: Initial Pretrial Conference set for 3/30/2018 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Final Pretrial Conference set for 6/28/2018 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (in the event parties do not file pretrial motions). Final Pretrial Conference set for 8/23/2018 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (in the event parties to file pretrial motions). Discovery due by 6/8/2018. Signed by District Judge T. S. Ellis, III on 3/2/2018. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(rban, ) (Entered: 03/02/2018)

13 03/05/2018 Reset Scheduling Order Deadlines (per MSN chambers): Initial Pretrial Conference set for 3/28/2018 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (cmar, ) (Entered: 03/05/2018) 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