United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:14-cv LTS

Transcription

1 US District Court Civil Docket as of October 2, 2015 Retrieved from the court on October 2, 2015 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:14-cv LTS Taxman v. Covidien PLC et al Assigned to: District Judge Leo T. Sorokin Cause: 28:1332 Diversity-Breach of Fiduciary Duty Plaintiff Richard Taxman individually and on behalf of all others similarly situated Date Filed: 07/10/2014 Date Terminated: 09/25/2015 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Diversity represented by Theodore M. Hess-Mahan Hutchings, Barsamian, Cross and Mandelcorn, LLP 110 Cedar St. Wellesley Hills, MA Fax: V. Covidien PLC Ropes & Gray LLP - MA Prudential Tower 800 Boylston St. Boston, MA Fax: jdonovan@ropesgray.com Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY (212) RSilverberg@wlrk.com

2 Christopher Thomas Brown Ropes & Gray - MA Prudential Tower 800 Boylston Street Boston, MA Fax: thomas.brown@ropesgray.com Medtronic, Inc. represented by Michael G. Bongiorno Wilmer Cutler Pickering Hale and Dorr LLP 7 World Trade Center New York, NY Fax: michael.bongiorno@wilmerhale.com Daniel W. Halston Wilmer Hale LLP 60 State Street Boston, MA Fax: daniel.halston@wilmerhale.com Makani II Limited represented by Michael G. Bongiorno Daniel W. Halston Aviation Acquisition Co., Inc. represented by Michael G. Bongiorno Daniel W. Halston

3 Aviation Merger Sub, LLC represented by Michael G. Bongiorno Daniel W. Halston Jose E. Almeida Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY Christopher Thomas Brown Joy A. Amundson

4 Christopher Thomas Brown Craig Arnold Christopher Thomas Brown Robert H. Brust

5 Christopher Thomas Brown Christopher J. Coughlin Christopher Thomas Brown Randall J. Hogan, III Christopher Thomas Brown

6 Dennis H. Reilley Christopher Thomas Brown Stephen J. Rusckowski Christopher Thomas Brown Joseph A. Zaccagnino

7 Christopher Thomas Brown Movant Rosenfeld Family Foundation represented by Jason M. Leviton Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA Fax: Richard A. Acocelli Weiss & Lurie 1500 Broadway Suite 1600 New York, NY Fax: Mark A. Delaney Berman DeValerio One Liberty Square 8th Floor Boston, MA TERMINATED: 09/17/2015 Movant Ronald W Chartrand represented by Jason M. Leviton

8 TERMINATED: 05/11/2015 Richard A. Acocelli Mark A. Delaney Shannon L. Hopkins Levi Korsinsky LLP 733 Summer Street Suite 304 Stamford, CT Fax: Interested Party Winona A. Crist represented by Jacob Okum Szenberg & Okun PLLC 152 W. 57th Street New York, NY (212) Joseph Christensen Law Firm of Joseph Chritensen, P.A. 921 N. Orange St., Wilmington Wilmington, DE (302) Robert R. Pierce Pierce & Mandell, P.C Suite Beacon Street Boston, MA

9 Fax: Thomas E. Kenney Pierce & Mandell, PC Suite Beacon Street Boston, MA Fax: Interested Party Bruce McLanahan Date Filed # Docket Text 07/10/ COMPLAINT FOR BREACH OF FIDUCIARY DUTIES against All s Filing fee: $ 400, receipt number (Fee Status: Filing Fee paid), filed by Richard Taxman. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Hess-Mahan, Theodore) (Attachment 2 replaced on 7/11/2014) (Abaid, Kimberly). (Entered: 07/10/2014) 07/11/ ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Abaid, Kimberly) (Entered: 07/11/2014) 07/11/ Summons Issued as to All s. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) (Entered: 07/11/2014) 07/21/ SUMMONS Returned Executed Stephen J. Rusckowski served on 7/14/2014, answer due 8/4/2014. (Hess-Mahan, Theodore) (Entered: 07/21/2014) 07/24/ SUMMONS Returned Executed Jose E. Almeida served on 7/21/2014, answer due 8/11/2014. (Hess-Mahan, Theodore) (Entered: 07/24/2014) 10/20/ MOTION to Consolidate Cases, MOTION to Appoint Counsel MOTION OF ROSENFELD FAMILY FOUNDATION AND RONALD W. CHARTRAND FOR (1) CONSOLIDATION OF ALL RELATED ACTIONS, (2) APPOINTMENT AS CO-LEAD PLAINTIFFS, AND (3) APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL ( Responses due by 11/3/2014) by Rosenfeld Family Foundation, Ronald W Chartrand.(Leviton, Jason) (Entered: 10/20/2014) 10/20/ MEMORANDUM in Support re 6 MOTION to Consolidate Cases MOTION to Appoint Counsel MOTION OF ROSENFELD FAMILY FOUNDATION AND RONALD W.

10 CHARTRAND FOR (1) CONSOLIDATION OF ALL RELATED ACTIONS, (2) APPOINTMENT AS CO-LEAD PLAINTIFFS, AND (3) APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL filed by Ronald W Chartrand, Rosenfeld Family Foundation. (Leviton, Jason) (Entered: 10/20/2014) 10/20/ DECLARATION re 6 MOTION to Consolidate Cases MOTION to Appoint Counsel MOTION OF ROSENFELD FAMILY FOUNDATION AND RONALD W. CHARTRAND FOR (1) CONSOLIDATION OF ALL RELATED ACTIONS, (2) APPOINTMENT AS CO- LEAD PLAINTIFFS, AND (3) APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL by Ronald W Chartrand, Rosenfeld Family Foundation. (Attachments: # 1 Exhibit Press Release, # 2 Exhibit Certification of Plaintiff Pursuant to Federal Securities Law, # 3 Exhibit Firm Resume - WeissLaw, # 4 Exhibit Firm Resume - Levi & Korsinsky, # 5 Exhibit Firm Resume - Block & Leviton)(Leviton, Jason) (Entered: 10/20/2014) 10/20/ Proposed Document(s) submitted by Ronald W Chartrand, Rosenfeld Family Foundation. Document received: Proposed Order. (Leviton, Jason) (Entered: 10/20/2014) 10/21/2014 District Judge Leo T. Sorokin: ORDER entered. On November 14, 2014 at 3:00 p.m, the Court will hold a combined hearing on the Motion to Consolidate filed in each of the three Covidien cases. Counsel for the Plaintiff shall provide notice of this hearing to counsel for any defendant, to the extent counsel for the Plaintiff is aware (or becomes aware) of the identity of counsel for any defendant. In addition, by November 7, 2014, counsel for the Plaintiff in each case shall file a list with the Court identifying any other cases, if any, pending in this District of which counsel is aware. Motion Hearing set for 11/14/ :00 PM in Courtroom 13 before District Judge Leo T. Sorokin.Associated Cases: 1:14- cv lts, 1:14-cv LTS, 1:14-cv LTS(Simeone, Maria) (Entered: 10/21/2014) 10/24/ MOTION for Leave to Appear Pro Hac Vice for admission of Richard A. Acocelli Filing fee: $ 100, receipt number by Ronald W Chartrand, Rosenfeld Family Foundation. (Attachments: # 1 Exhibit A)(Leviton, Jason) (Entered: 10/24/2014) 10/27/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Richard A. Acocelli. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 10/27/2014) 10/28/ NOTICE of Appearance by Shannon L. Hopkins on behalf of Ronald W Chartrand (Hopkins, Shannon) (Entered: 10/28/2014) 10/29/ NOTICE of Appearance by Mark A. Delaney on behalf of Ronald W Chartrand, Rosenfeld Family Foundation (Delaney, Mark) (Entered: 10/29/2014) 11/07/ NOTICE by Ronald W Chartrand, Rosenfeld Family Foundation List of Related Cases (Delaney, Mark) (Entered: 11/07/2014) 11/13/ NOTICE of Appearance by John D. Donovan, Jr on behalf of Jose E. Almeida, Joy A. Amundson, Craig Arnold, Robert H. Brust, Christopher J. Coughlin, Covidien PLC, Randall J. Hogan, III, Dennis H. Reilley, Stephen J. Rusckowski, Joseph A. Zaccagnino (Donovan, John) (Entered: 11/13/2014) 11/13/ NOTICE of Appearance by Christopher Thomas Brown on behalf of Jose E. Almeida, Joy

11 A. Amundson, Craig Arnold, Robert H. Brust, Christopher J. Coughlin, Covidien PLC, Randall J. Hogan, III, Dennis H. Reilley, Stephen J. Rusckowski, Joseph A. Zaccagnino (Brown, Christopher) (Entered: 11/13/2014) 11/13/ NOTICE of Appearance by Michael G. Bongiorno on behalf of Aviation Acquisition Co., Inc., Aviation Merger Sub, LLC, Makani II Limited, Medtronic, Inc. (Bongiorno, Michael) (Entered: 11/13/2014) 11/14/ MOTION for Leave to Appear Pro Hac Vice for admission of Filing fee: $ 100, receipt number by Jose E. Almeida, Joy A. Amundson, Craig Arnold, Robert H. Brust, Christopher J. Coughlin, Covidien PLC, Randall J. Hogan, III, Dennis H. Reilley, Stephen J. Rusckowski, Joseph A. Zaccagnino.(Donovan, John) (Entered: 11/14/2014) 11/14/ Certification of in Support of Motion to Admit Counsel Pro Hac Vic by Jose E. Almeida, Joy A. Amundson, Craig Arnold, Robert H. Brust, Christopher J. Coughlin, Covidien PLC, Randall J. Hogan, III, Dennis H. Reilley, Stephen J. Rusckowski, Joseph A. Zaccagnino re 18 MOTION for Leave to Appear Pro Hac Vice for admission of Filing fee: $ 100, receipt number (Donovan, John) (Modified on 11/17/2014 to Correct Docket Text) (Paine, Matthew). (Entered: 11/14/2014) 11/14/ ELECTRONIC Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 11/14/2014 re (6 in 1:14-cv LTS, 6 in 1:14-cv LTS); Counsel state the status of the case. Covidien is under Irish Law and are waiting on approval from the Irish High Court. Plaintiff's request to amend the complaint. Counsel discuss disclosure concerns, shareholder value, and breach of fiduciary duty. Counsel propose filing a case management order within one week. The court allows the motion in open court. MOTION to Consolidate Cases MOTION to Appoint Counsel (Case management Order due by 11/21/2014.). (Court Reporter: Rachel Lopez., raeufp@gmail.com.) Associated Cases: 1:14-cv LTS, 1:14-cv LTS, 1:14- cv lts(simeone, Maria) Modified on 11/19/2014 (Simeone, Maria). (Entered: 11/18/2014) 11/14/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Allowed as unopposed in open court. re (6) Motion to Consolidate CasesAssociated Cases: 1:14-cv LTS, 1:14-cv LTS, 1:14-cv LTS(Simeone, Maria) (Entered: 11/18/2014) 11/18/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 18 Motion for Leave to Appear Pro Hac Vice Added Rchelle Silverberg. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 11/18/2014) 11/20/ NOTICE of Appearance by Mark A. Delaney on behalf of Ronald W Chartrand, Rosenfeld Family Foundation (Delaney, Mark) (Entered: 11/20/2014) 11/21/ Letter/status report to Judge Sorokin from Lead plaintiffs stating the current posture and request to provide a further status report on Wednesday 11/26/14. (Simeone, Maria) (Entered: 11/24/2014) 11/24/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ALLOWED. re 24 Letter/status report to Judge Sorokin from Lead plaintiffs stating the current posture and

12 request to provide a further status report on Wednesday 11/26/14.(Simeone, Maria) (Entered: 11/24/2014) 11/26/ STATUS REPORT /Letter to Judge Sorokin from Lead Plaintiffs stating the current posture and request to provide further update on Wednesday 12/3/2014. by Ronald W Chartrand, Rosenfeld Family Foundation. (Delaney, Mark) (Entered: 11/26/2014) 12/01/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ALLOWED. re 26 Status Report filed by Ronald W Chartrand, Rosenfeld Family Foundation, ( Status Report due by 12/3/2014)(Simeone, Maria) (Entered: 12/01/2014) 12/03/ STATUS REPORT / Letter to Judge Sorokin from Lead Plaintiffs stating the current posture and request to provide further update on Monday 12/8/2014 by Ronald W Chartrand, Rosenfeld Family Foundation. (Delaney, Mark) (Entered: 12/03/2014) 12/04/ ELECTRONIC NOTICE of Hearing. A Telephone Conference has been set for 12/8/ :00 PM in Courtroom 13 before District Judge Leo T. Sorokin. Counsel shall call into the courts conference line at , access code at the time of the hearing. (Simeone, Maria) (Entered: 12/04/2014) 12/08/ ELECTRONIC Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Telephone Conference held on 12/8/2014. Counsel report they have an agreement in principle to resolve the case and will not need a settlement hearing. Counsel will submit settlement paperwork within the 7-10 days. (Court Reporter: Rachel Lopez., raeufp@gmail.com.) (Simeone, Maria) (Entered: 12/08/2014) 12/23/ STATUS REPORT / Letter to Judge Sorokin from Lead Plaintiffs stating the current posture and attaching Memorandum of Understanding by Ronald W Chartrand, Rosenfeld Family Foundation. (Attachments: # 1 Exhibit Memorandum of Understanding)(Delaney, Mark) (Entered: 12/23/2014) 12/30/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. In light of the parties' recent filing re 31 Status Report, a Rule 16 is unnecessary at this time and the parties shall file a further status report no later than March 31, 2015.(Montes, Mariliz) (Entered: 12/30/2014) 12/30/ Reset Deadlines: Re. 32, further Status Report due by 3/31/2015. (Montes, Mariliz) (Entered: 12/30/2014) 03/30/ STATUS REPORT Pursuant to Court's December 30, 2014 Order by Ronald W Chartrand, Rosenfeld Family Foundation. (Leviton, Jason) (Entered: 03/30/2015) 05/05/ Set Deadlines: stipulation and accompanying settlement papers or status report due by May 7, 2015 see 34 (Simeone, Maria) (Entered: 05/05/2015) 05/06/ STATUS REPORT Letter to Judge Sorokin from Lead Plaintiffs stating the current posture and request to provide further update on Friday 5/15/2015 by Ronald W Chartrand, Rosenfeld Family Foundation. (Delaney, Mark) (Entered: 05/06/2015) 05/07/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Counsel are to file a further status report by 5/15/15. re 36 Status Report filed by Ronald W Chartrand, Rosenfeld Family Foundation, ( Status Report due by 5/15/2015)(Simeone, Maria) (Entered: 05/07/2015) 05/07/ Assented to MOTION to Withdraw as Co-Lead Plaintiff by Ronald W. Chartrand by Ronald W Chartrand, Rosenfeld Family Foundation. (Attachments: # 1 Text of Proposed

13 Order Proposed Order)(Delaney, Mark) (Entered: 05/07/2015) 05/11/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 38 Motion to Withdraw 38 Assented to MOTION to Withdraw as Co-Lead Plaintiff by Ronald W. Chartrand (Simeone, Maria) (Entered: 05/11/2015) 05/15/ MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement by Rosenfeld Family Foundation.(Delaney, Mark) (Entered: 05/15/2015) 05/15/ MEMORANDUM in Support re 40 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement filed by Rosenfeld Family Foundation. (Delaney, Mark) (Entered: 05/15/2015) 05/15/ DECLARATION re 40 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement Declaration of Mark A. Delaney by Rosenfeld Family Foundation. (Attachments: # 1 Exhibit 1 - Stipulation of Settlement and Release, # 2 Exhibit A to Stipulation of Settlement and Release, # 3 Exhibit B to Stipulation of Settlement and Release, # 4 Exhibit C to Stipulation of Settlement and Release, # 5 Exhibit D to Stipulation of Settlement and Release)(Delaney, Mark) (Entered: 05/15/2015) 05/19/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court ALLOWS the Unopposed Motion for Preliminary Approval (#40), schedules a Settlement Hearing for July 29, 2015 at 3:00 p.m. in Courtroom #13 and ADOPTS the schedule proposed by the parties appearing at Docket #41 page in Section VII as the governing schedule. re 40 Motion for Settlement (Simeone, Maria) (Entered: 05/19/2015) 05/20/ Set deadlines/hearings. The Settlement Conference has been set for 7/29/ :00 PM in Courtroom 13. deadlines pursuant to pgs. 19 and 20 of document 41 VII proposed schedule dates are; ii-7/8/15; iii-7/14/15; iv-7/20/15; v-7/22/15. (Simeone, Maria) (Entered: 05/20/2015) 05/26/ Joint MOTION to Continue to 9/21/2015 Joint Motion to Continue Settlement Hearing and Amend Related Deadlines by Rosenfeld Family Foundation. (Attachments: # 1 Text of Proposed Order)(Leviton, Jason) (Entered: 05/26/2015) 05/27/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ALLOWED. The court will adopt the schedule proposed and reschedule the Settlement Conference for 9/21/ :30 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria) (Entered: 05/27/2015) 05/28/ District Judge Leo T. Sorokin: ENDORSED ORDER entered. Order to Continue Settlement Hearing and Amend Related Dates(Montes, Mariliz) (Entered: 05/28/2015) 08/31/ MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses by Rosenfeld Family Foundation. (Attachments: # 1 Text of Proposed Order)(Leviton, Jason) (Entered: 08/31/2015) 08/31/ MEMORANDUM in Support re 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses filed by Rosenfeld Family Foundation. (Leviton, Jason) (Entered: 08/31/2015) 08/31/ DECLARATION re 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for

14 Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses, 49 Memorandum in Support of Motion, Declaration of Jason M. Leviton by Rosenfeld Family Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibits 2 through 4, # 3 Exhibit 5, # 4 Exhibits 6 through 7, # 5 Exhibits 8 through 13)(Leviton, Jason) (Entered: 08/31/2015) 09/04/ Letter/request (non-motion) from John D. Donovan, Jr. Regarding Mailing of Notice of Pendency of Class Action, Proposed Settlement and Settlement Hearing. (Attachments: # 1 Affidavit)(Donovan, John) (Entered: 09/04/2015) 09/08/ NOTICE of Appearance by Robert R. Pierce on behalf of Winona A Christ (Pierce, Robert) (Entered: 09/08/2015) 09/08/ NOTICE of Appearance by Thomas E. Kenney on behalf of Winona A Christ (Kenney, Thomas) (Entered: 09/08/2015) 09/08/ NOTICE by Winona A Christ of Intention to Appear as Objector (Pierce, Robert) (Entered: 09/08/2015) 09/09/ MOTION for Leave to Appear Pro Hac Vice for admission of Joseph Christensen Filing fee: $ 100, receipt number by Winona A. Crist. (Attachments: # 1 Exhibit A)(Pierce, Robert) (Entered: 09/09/2015) 09/09/ MOTION for Leave to Appear Pro Hac Vice for admission of Jacob Okun Filing fee: $ 100, receipt number by Winona A. Crist. (Attachments: # 1 Exhibit A)(Pierce, Robert) (Entered: 09/09/2015) 09/10/ MOTION for Extension of Time to 09/16/2015 to File Response/Reply as to 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses by Rosenfeld Family Foundation. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Leviton, Jason) (Entered: 09/10/2015) 09/10/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting Motion for Leave to Appear Pro Hac Vice Added Joseph Christensen and Jacob Okun Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 09/10/2015) 09/10/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 57 Motion for Extension of Time to File Response/Reply re 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses Responses due by 9/16/2015 (Simeone, Maria) (Entered: 09/10/2015) 09/11/ Letter/request (non-motion) from Bruce McLanahan, interested party and stockholder of Covidien, PLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Montes, Mariliz) (Entered: 09/11/2015) 09/11/ Objection to 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses by Winona A. Crist. (Pierce, Robert) (Entered: 09/11/2015) 09/11/ MEMORANDUM in Opposition re 48 MOTION for Settlement Lead Plaintiffs

15 Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses filed by Winona A. Crist. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pierce, Robert) (Entered: 09/11/2015) 09/11/ DECLARATION re 61 Objection of G. Brian Hutchinson in Support of Objection of Winona A. Crist to Proposed Settlement and Request for Attorneys' Fees by Winona A. Crist. (Pierce, Robert) (Entered: 09/11/2015) 09/16/ MOTION for Leave to Appear Pro Hac Vice for admission of Filing fee: $ 100, receipt number by Jose E. Almeida, Joy A. Amundson, Craig Arnold, Robert H. Brust, Christopher J. Coughlin, Covidien PLC, Randall J. Hogan, III, Dennis H. Reilley, Stephen J. Rusckowski, Joseph A. Zaccagnino. (Attachments: # 1 Certification of )(Donovan, John) (Entered: 09/16/2015) 09/16/ MOTION for Leave to File Excess Pages by Rosenfeld Family Foundation. (Attachments: # 1 Text of Proposed Order)(Leviton, Jason) (Entered: 09/16/2015) 09/16/ NOTICE of Appearance by Daniel W. Halston on behalf of Aviation Acquisition Co., Inc., Aviation Merger Sub, LLC, Makani II Limited, Medtronic, Inc. (Halston, Daniel) (Entered: 09/16/2015) 09/16/ NOTICE of Withdrawal of Appearance by Jason M. Leviton Notice of Withdrawal of Mark A. Delaney as Counsel of Record (Leviton, Jason) (Entered: 09/16/2015) 09/16/ RESPONSE to Motion re 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses in Response to Objections thereto filed by Aviation Acquisition Co., Inc., Aviation Merger Sub, LLC, Makani II Limited, Medtronic, Inc.. (Attachments: # 1 Affidavit of Daniel Halston, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Halston, Daniel) (Entered: 09/16/2015) 09/16/ Letter/request (non-motion) from C. Thomas Brown Regarding Compliance with 28 U.S.C. 1715(b). (Attachments: # 1 Declaration of, # 2 Exhibit A)(Brown, Christopher) (Entered: 09/16/2015) 09/16/ REPLY to Response to 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses filed by Rosenfeld Family Foundation. (Attachments: # 1 Affidavit Affidavit of Jason Leviton, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibits B through H, # 4 Exhibit Exhibits I and J, # 5 Exhibit Exhibits K through N, # 6 Exhibit Exhibits O through Z, # 7 Exhibit Exhibit AA)(Leviton, Jason) (Entered: 09/16/2015) 09/17/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 64 Motion for Leave to Appear Pro Hac Vice Added. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 09/17/2015) 09/17/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 65 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 09/17/2015)

16 09/17/ REPLY to Response to 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses [CORRECTED] filed by Rosenfeld Family Foundation. (Attachments: # 1 Affidavit Leviton Affidavit, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibits B through H, # 4 Exhibit Exhibits I and J, # 5 Exhibit Exhibits K through N, # 6 Exhibit Exhibits O through Z, # 7 Exhibit Exhibit AA)(Leviton, Jason) (Entered: 09/17/2015) 09/18/ Assented to MOTION for Leave to File Supplemental Authority by Rosenfeld Family Foundation.(Leviton, Jason) (Entered: 09/18/2015) 09/21/ District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 74 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) (Entered: 09/21/2015) 09/21/ Notice of Supplemental Authorities re 48 MOTION for Settlement Lead Plaintiffs Unopposed Motion for Final Approval of Settlement, Class Certification, and Award of Attorneys Fees and Expenses (Leviton, Jason) (Entered: 09/21/2015) 09/21/ Letter/request (non-motion) from Bruce McLanahan, interested party and stockholder of Covidien, PLC, objecting to the proposed Covidien PLC settlement. (Montes, Mariliz) (Entered: 09/21/2015) 09/21/ ELECTRONIC Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Settlement Conference held on 9/21/2015. The court hears counsel and objectors on the proposed settlement. The court goes over issues regarding the value of the supplemental disclosures, and the fees, being a monetary reward when there is no monetary compensation for the class. The court is persuaded the settlement is a fair and reasonable one and will approve the settlement. granting 48 Motion for Settlement; (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) (Entered: 09/23/2015) 09/23/ District Judge Leo T. Sorokin: ENDORSED ORDER AND FINAL JUDGMENT entered. (Montes, Mariliz) (Entered: 09/23/2015) 10/02/ Transcript of Settlement Conference held on September 21,2015, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com Redaction Request due 10/23/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/31/2015. (Scalfani, Deborah) (Entered: 10/02/2015) 10/02/ NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at (Scalfani, Deborah) (Entered: 10/02/2015) 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

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