U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:12-cv G

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1 US District Court Civil Docket as of December 20, 2012 Retrieved from the court on December 21, 2012 U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:12-cv G Hohenstein v. Behringer Harvard REIT I, Inc. et al Date Filed: 09/17/2012 Assigned to: Senior Judge A. Joe Fish Jury Demand: Cause: 15:77 Securities Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Lillian Hohenstein represented by Joe Kendall Individually, and on behalf of all others Kendall Law Group LLP similarly situated 3232 McKinney Avenue, Suite 700 Dallas, TX / Fax: 214/ Jamie Jean McKey Kendall Law Group LLP 3232 McKinney Avenue Suite 700 Dallas, TX / Fax: 214/ Lionel Z Glancy Glancy Binkow & Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA / Fax: 310/ lglancy@glancylaw.com

2 Louis Nathaniel Boyarsky Glancy Binkow & Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA / Fax: 310/ Dennis Weiss represented by Jeffrey C Block Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA / Fax: 617/ jeff@blockesq.com Roger L Mandel Lackey Hershman LLP 3102 Oak Lawn Suite 777 Dallas, TX Fax: rlm@lhlaw.net Scott A Mays Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA / Fax: 617/ scott@blockesq.com

3 Milton Barrett represented by Jeffrey C Block Roger L Mandel Scott A Mays Glenda Barrett represented by Jeffrey C Block Roger L Mandel Scott A Mays Donald Schaffer represented by Jeffrey C Block Roger L Mandel

4 Scott A Mays Marcia Scheuner represented by Jeffrey C Block Roger L Mandel Scott A Mays Sandra Lehman represented by Jeffrey C Block Roger L Mandel Scott A Mays V. Behringer Harvard Reit I Inc DLA Piper US LLP

5 1717 Main St Suite 4600 Dallas, TX / Fax: 214/ DLA Piper (US) 203 North LaSalle Street Suite 1900 Chicago, IL / DLA Piper LLP (US) 203 N LaSalle Suite 1900 Chicago, IL / Fax: 312/ samuel.isaacson@dlapiper.com DLA Piper US LLP 1717 Main St Suite 4600 Dallas, TX / Fax: 972/ zachary.hoard@dlapiper.com Behringer Harvard Holdings LLC

6 Robert M Behringer Robert S Aisner

7 Steven W Partridge Ronald Witten

8 Scott W Fordham James E Sharp

9 Charles G Dennis Date Filed # Docket Text 09/17/ COMPLAINT WITH JURY DEMAND against All s filed by Lillian Hohenstein. Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number ) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Additional Page(s) Certification, # 2 Cover Sheet Civil Cover Sheet) (Kendall, Joe) (Entered: 09/17/2012) 09/17/ New Case Notes: A filing fee has been paid. File to Judge Fish. Pursuant to Misc. Order 6, is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ctf) (Entered: 09/18/2012) 09/18/ ORDER: No later than 20 days after this order is filed, plaintiff must comply with Rule I 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 9/18/2012) (chmb) (Entered: 09/18/2012)

10 09/19/ CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lillian Hohenstein. (Kendall, Joe) (Entered: 09/19/2012) 09/24/ Request for Clerk to issue Summons filed by Lillian Hohenstein. (Kendall, Joe) (Entered: 09/24/2012) 09/24/ Request for Clerk to issue Summons filed by Lillian Hohenstein. (Kendall, Joe) (Entered: 09/24/2012) 09/24/ Summons Issued as to Behringer Harvard Holdings LLC, Behringer Harvard Reit I Inc. (cea) (Entered: 09/24/2012) 10/02/ SUMMONS Returned Executed as to Behringer Harvard Holdings LLC; served on 9/25/2012. (skt) (Entered: 10/02/2012) 10/10/ WAIVER OF SERVICE Returned Executed as to Behringer Harvard Reit I Inc. Waiver sent on 10/2/2012. (Kendall, Joe) (Entered: 10/10/2012) 10/23/ /24/ /24/ /24/ /24/ /24/ NOTICE of Attorney Appearance by James R Nelson on behalf of All s. (Filer confirms contact info in ECF is current.) (Nelson, James) (Entered: 10/23/2012) 11 WAIVER OF SERVICE Returned Executed as to Steven W Partridge. Waiver sent on 10/15/2012. (Kendall, Joe) (Entered: 10/24/2012) 12 WAIVER OF SERVICE Returned Executed as to Charles G Dennis. Waiver sent on 10/15/2012. (Kendall, Joe) (Entered: 10/24/2012) - 13 WAIVER OF SERVICE Returned Executed as to James E Sharp. Waiver sent on 10/15/2012. (Kendall, Joe) (Entered: 10/24/2012) 14 WAIVER OF SERVICE Returned Executed as to Robert M Behringer. Waiver sent on 10/15/2012. (Kendall, Joe) (Entered: 10/24/2012) 15 WAIVER OF SERVICE Returned Executed as to Ronald Witten. Waiver sent on 10/15/2012. (Kendall, Joe) (Entered: 10/24/2012) 10/24/ WAIVER OF SERVICE Returned Executed as to Scott W Fordham. Waiver sent on 10/15/2012. (Kendall, Joe) (Entered: 10/24/2012) 10/24/ WAIVER OF SERVICE Returned Executed as to Robert S Aisner. Waiver sent on 10/15/2012. (Kendall, Joe) (Entered: 10/24/2012) 10/25/ Agreed Motion for Extension of Time to File Answer, Move or Otherwise Plead filed by Robert S Aisner, Robert M Behringer, Behringer Harvard Holdings LLC, Behringer Harvard Reit I Inc, Charles G Dennis, Scott W Fordham, Lillian Hohenstein, Steven W Partridge, James E Sharp, Ronald Witten (Nelson, James) (Entered: 10/25/2012) 10/25/ AGREED ORDER granting 18 Motion for Extension of Time to File Answer re 1 Complaint. Robert S Aisner answer due 12/14/2012; Robert M Behringer answer due 12/14/2012; Behringer Harvard Holdings LLC answer due 12/14/2012; Behringer Harvard Reit I Inc answer due 12/14/2012; Charles G Dennis answer due 12/14/2012; Scott W Fordham answer due 12/14/2012; Steven W Partridge answer due 12/14/2012; James E Sharp answer due 12/14/2012; Ronald Witten answer due 12/14/2012. (Ordered by Senior Judge A. Joe Fish on 10/25/2012) (skt) (Entered: 10/26/2012)

11 11/15/ ***WITHDRAWN PER 30 ORDER*** MOTION to Appoint Counsel filed by Lillian Hohenstein with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s) Declaration of Louis Boyarsky, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D) (Kendall, Joe) Modified on 11/30/2012 (axm). (Entered: 11/15/2012) 11/19/ Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Samuel B. Isaacson (Filing fee $25; Receipt number ) filed by Robert S Aisner, Robert M Behringer, Behringer Harvard Holdings LLC, Behringer Harvard Reit I Inc, Charles G Dennis, Scott W Fordham, Steven W Partridge, James E Sharp, Ronald Witten (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Order for Admission Pro Hac Vice) (Nelson, James) (Entered: 11/19/2012) 11/19/ Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Joseph E. Collins (Filing fee $25; Receipt number ) filed by Robert S Aisner, Robert M Behringer, Behringer Harvard Holdings LLC, Behringer Harvard Reit I Inc, Charles G Dennis, Scott W Fordham, Steven W Partridge, James E Sharp, Ronald Witten (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Order for Admission Pro Hac Vice) (Nelson, James) (Entered: 11/19/2012) 11/19/ I MOTION for Appointment as Lead and Approval of Lead and Liaison Counsel filed by Dennis Weiss, Milton Barrett, Glenda Barrett, Donald Schaffer, Marcia Scheuner, Sandra Lehman with Brief/Memorandum in Support. (Mandel, Roger) (Entered: 11/19/2012) 11/19/ Appendix in Support filed by Glenda Barrett, Milton Barrett, Sandra Lehman, Donald Schaffer, Marcia Scheuner, Dennis Weiss re 23 MOTION for Appointment as Lead and Approval of Lead and Liaison Counsel. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Mandel, Roger) Modified text on 11/20/2012 (axm). (Entered: 11/19/2012) 11/20/ ORDER granting 21 Application for Admission Pro Hac Vice of Samuel B. Isaacson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge A. Joe Fish on 11/20/2012) (axm) (Entered: 11/20/2012) 11/20/ ORDER granting 22 Application for Admission Pro Hac Vice of Joseph E. Collins. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge A. Joe Fish on 11/20/2012) (axm) (Entered: 11/20/2012) 11/21/ Agreed MOTION to Extend Time to Answer, Move, or Otherwise Plead filed by Robert S Aisner, Robert M Behringer, Behringer Harvard Holdings LLC, Behringer Harvard Reit I Inc, Charles G Dennis, Scott W Fordham, Lillian Hohenstein, Steven W Partridge, James E Sharp, Ronald Witten (Attachments: # 1 Proposed Order) (McKey, Jamie) (Entered: 11/21/2012) 11/28/ ORDER granting 27 Motion to Extend Time to Answer, Move, or Otherwise Plead. The parties shall file, within 14 days after the court rules on docket entries 20 and 23, either a notice that designates the complaint as operative in the matter or a proposed date by which a consolidated amended complaint will be filed and a proposed date for defendants to answer, move, or otherwise plead in response to the operative complaint. (Ordered by Senior Judge A. Joe Fish on 11/28/2012) (jrr) (Entered: 11/28/2012)

12 11/30/ MOTION to Withdraw 20 MOTION to Appoint Counsel filed by Lillian Hohenstein (McKey, Jamie) (Entered: 11/30/2012) 11/30/ ORDER granting 29 Motion to Withdraw 20 Motion to Appoint Lillian Hohenstein as Lead and Lead Counsel. (Ordered by Senior Judge A. Joe Fish on 11/30/2012) (ndt) (Entered: 11/30/2012) 12/04/ NOTICE of Non-Opposition to the Motion of the Weiss Group for Appointment as Lead and Approval of Lead and Liaison Counsel filed by Glenda Barrett, Milton Barrett, Sandra Lehman, Donald Schaffer, Marcia Scheuner, Dennis Weiss (Mandel, Roger) (Entered: 12/04/2012) 12/04/ Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Scott A. Mays (Filing fee $25; Receipt number ) filed by Glenda Barrett, Milton Barrett, Sandra Lehman, Donald Schaffer, Marcia Scheuner, Dennis Weiss (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order for Admission Pro Hac Vice) (Mandel, Roger) (Entered: 12/04/2012) 12/04/ Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Jeffrey C. Block (Filing fee $25; Receipt number ) filed by Glenda Barrett, Milton Barrett, Sandra Lehman, Donald Schaffer, Marcia Scheuner, Dennis Weiss (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order for Admission Pro Hac Vice) (Mandel, Roger) (Entered: 12/04/2012) 12/05/ ORDER granting 32 Application for Admission Pro Hac Vice of Scott A. Mays. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge A. Joe Fish on 12/5/2012) (ndt) (Entered: 12/05/2012) 12/05/ ORDER granting 33 Application for Admission Pro Hac Vice of Jeffrey C. Block. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge A. Joe Fish on 12/5/2012) (ndt) (Entered: 12/05/2012) 12/20/ MEMORANDUM OPINION AND ORDER granting 23 MOTION for Appointment as Lead and Approval of Lead and Liaison Counsel. (Ordered by Senior Judge A. Joe Fish on 12/20/2012) (tln) (Entered: 12/20/2012) 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