U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:12-cv HES-JRK

Transcription

1 US District Court Civil Docket as of April 27, 2017 Retrieved from the court on April 27, 2017 U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:12-cv HES-JRK Mogensen v. Body Central Corporation et al Assigned to: Senior Judge Harvey E. Schlesinger Referred to: Magistrate Judge James R. Klindt Cause: 15:0078m(a) Securities Exchange Act Plaintiff Nick Mogensen Individually and on Behalf of All Others Similarly Situated Date Filed: 08/27/2012 Date Terminated: 01/21/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by David J. George Gunster, Yoakley & Stewart, PA Suite 500 E 777 S Flagler Dr West Palm Beach, FL Fax: dgeorge@gunster.com Ellen Gusikoff Stewart Robbins Geller Rudman & Dowd, LLP Suite W Broadway San Diego, CA / Fax: 619/ elleng@rgrdlaw.com PRO HAC VICE Francis A. Bottini, Jr. Bottini & Bottini, Inc Ivanhoe Ave., Suite 102 La Jolla, CA / Fax: 858/ sammirati@bottinilaw.com Holly Kimmel

2 Robbins Geller Rudman & Dowd, LLP Suite E Palmetto Pk Rd Boca Raton, FL / Fax: 561/ hkimmel@rgrdlaw.com Kathleen B. Douglas Robbins Geller Rudman & Dowd, LLP Suite E Palmetto Pk Rd Boca Raton, FL / Fax: 561/ kdouglas@rgrdlaw.com Paul J. Geller Robbins Geller Rudman & Dowd, LLP Suite E Palmetto Pk Rd Boca Raton, FL / Fax: 561/ pgeller@rgrdlaw.com Robert Jeffrey Robbins Robbins Geller Rudman & Dowd, LLP Suite E Palmetto Pk Rd Boca Raton, FL / Fax: 561/ rrobbins@rgrdlaw.com V. Defendant Body Central Corporation represented by Brian Danitz Wilson, Sonsini, Goodrich & Rosati, PC 650 Page Mill Rd Palo Alto, CA

3 650/ Fax: Charles B. Lembcke Law Office of Charles B. Lembcke, PA Suite Riverplace Blvd Jacksonville, FL / Fax: 904/ Jerome F. Birn, Jr. Wilson, Sonsini, Goodrich & Rosati, PC 650 Page Mill Rd Palo Alto, CA / Fax: 650/ Kelley M. Kinney Wilson, Sonsini, Goodrich & Rosati, PC 650 Page Mill Rd Palo Alto, CA Fax: Steven M. Schatz Wilson, Sonsini, Goodrich & Rosati, PC 650 Page Mill Rd Palo Alto, CA / Fax: 650/ Defendant B. Allen Weinstein represented by Brian Danitz

4 Charles B. Lembcke Jerome F. Birn, Jr. Kelley M. Kinney Steven M. Schatz Defendant Thomas Stoltz represented by Brian Danitz Charles B. Lembcke Jerome F. Birn, Jr. Kelley M. Kinney Steven M. Schatz Defendant

5 Beth R. Angelo represented by Brian Danitz Charles B. Lembcke Jerome F. Birn, Jr. Kelley M. Kinney Steven M. Schatz Interested Party Mark C Healy represented by Jacob Aaron Brown Akerman LLP Suite N Laura St Jacksonville, FL / Fax: 904/ jacob.brown@akerman.com Katherine Coxe Fackler Akerman LLP Suite N Laura St Jacksonville, FL Fax: katherine.fackler@akerman.com Date Filed # Docket Text

6 08/27/ COMPLAINT against Body Central Corporation, Thomas Stoltz, B. Allen Weinstein with Jury Demand (Filing fee $ 350 receipt number JAX6100) filed by Nick Mogensen.(HG) (Entered: 08/28/2012) 08/27/2012 Summons issued as to Body Central Corporation, Thomas Stoltz and B. Allen Weinstein. (HG) (Entered: 08/28/2012) 08/28/ AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Jacksonville Divisional Judges on 05/25/2005. (HG) (Entered: 08/28/2012) 08/29/ NOTICE of designation under Local Rule track 2. Signed by Deputy Clerk on 8/29/2012. (MGG) (Entered: 08/29/2012) 09/06/ AMENDED NOTICE of designation under Local Rule track 3 Signed by Deputy Clerk on 9/6/2012. (MGG) (Entered: 09/06/2012) 09/21/ MOTION for Steven M. Schatz, Jerome F. Birn, Jr., and Brian Danitz to appear pro hac vice by All Defendants. (Lembcke, Charles) Motions referred to Magistrate Judge James R. Klindt. (Entered: 09/21/2012) 09/21/ STIPULATION re 1 Complaint Stipulation and [Proposed] Order Extending Time To Respond to Complaint by Body Central Corporation. (Lembcke, Charles) (Entered: 09/21/2012) 09/24/2012 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Steven M. Schatz, Jerome F. Birn, Jr., Brian Danitz appearing on behalf of Body Central Corporation, Thomas Stoltz, B. Allen Weinstein (Filing fee $30 receipt number JAX ) Related document: 5 MOTION for Steven M. Schatz, Jerome F. Birn, Jr., and Brian Danitz to appear pro hac vice. (AET) (Entered: 09/25/2012) 09/25/ ORDER granting 5 Motion for Permission to Appear Pro Hac Vice; Steven M. Schatz, Jerome F. Birn, Jr., and Brian Danitz are permitted to appear pro hac vice on behalf of Defendants with Charles B. Lembcke as local counsel. Signed by Magistrate Judge James R. Klindt on 9/25/2012. (MDC) (Entered: 09/25/2012) 09/25/ Written designation and consent to act by Charles B. Lembcke on behalf of Body Central Corporation. Local Counsel: Charles B. Lembcke. Non-Resident Counsel: Steven M. Schatz. (Lembcke, Charles) (Entered: 09/25/2012) 09/25/ Written designation and consent to act by Charles B. Lembcke on behalf of Body Central Corporation. Local Counsel: Charles B. Lembcke. Non-Resident Counsel: Brian Danitz. (Lembcke, Charles) (Entered: 09/25/2012) 09/25/ Written designation and consent to act by Charles B. Lembcke on behalf of Body Central Corporation. Local Counsel: Charles B. Lembcke. Non-Resident Counsel: Jerome F. Birn, Jr. (Lembcke, Charles) (Entered: 09/25/2012) 10/30/ NOTICE of Appearance by Kathleen Lee Barber on behalf of Nick Mogensen (Barber, Kathleen) (Entered: 10/30/2012) 11/29/ NOTICE by Nick Mogensen Notice of Non-Opposition to Appointment of Nick Mogensen as Lead Plaintiff and Approval of Selection of Lead Counsel (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Robbins, Robert) (Entered: 11/29/2012) 12/03/ ORDER directing the parties to file a proper motion when seeking relief from, or action by, the Court, or when seeking the entry of an order of any kind. See Order for details.

7 Signed by Magistrate Judge James R. Klindt on 12/3/2012. (JLD) (Entered: 12/03/2012) 12/07/ Unopposed MOTION to appoint counsel and Entry of an Order Appointing Nick Mogensen as Lead Plaintiff and Approving Selection of Lead Counsel, and Accompanying Memorandum of Law by Nick Mogensen. (Attachments: # 1 Exhibit A)(Robbins, Robert) Motions referred to Magistrate Judge James R. Klindt. (Entered: 12/07/2012) 12/07/ MOTION for Francis A. Bottini, Jr. to appear pro hac vice by Nick Mogensen. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) Motions referred to Magistrate Judge James R. Klindt. Modified on 12/14/2012, Document 15-1 STRICKEN per Court Order 18 (HG). (Entered: 12/07/2012) 12/07/ Joint MOTION for miscellaneous relief for scheduling order pursuant to private securities litigation reform act; Memorandum of Law by Body Central Corporation, Thomas Stoltz, B. Allen Weinstein. (Danitz, Brian) Modified on 12/7/2012 to edit text (AET). (Entered: 12/07/2012) 12/10/2012 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Francis A. Bottini appearing on behalf of Nick Mogensen (Filing fee $10 receipt number JAX ) Related document: 15 MOTION for Francis A. Bottini, Jr. to appear pro hac vice. (AET) (Entered: 12/12/2012) 12/13/ ORDER granting 14 Motion to appoint counsel ; granting 16 Joint Motion for Scheduling Order Pursuant to Private Securities Litigation Reform Act. See Order for further details. Signed by Senior Judge Harvey E. Schlesinger on 12/13/2012. (PAM) Modified on 12/13/2012 to edit text (PAM). (Entered: 12/13/2012) 12/13/ ORDER granting 15 Motion for Permission to Appear Pro Hac Vice, and Written Designation and Consent to Act; Francis A. Bottini, Jr., Esquire is permitted to appear pro hac vice in this matter on behalf of Plaintiff with Robert J. Robbins, Esquire as local counsel. Mr. Bottini shall expeditiously ensure registration with the Court's electronic case filing system. The proposed order attached to the Motion is STRICKEN. Directions to the Clerk. Signed by Magistrate Judge James R. Klindt on 12/13/2012. (MDC) (Entered: 12/13/2012) 02/07/ Unopposed MOTION for Extension of Time to File an Amended Class Action Complaint for Violation of Federal Securities Laws by Nick Mogensen. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) (Entered: 02/07/2013) 02/11/ ORDER granting 19 Motion for Extension of Time to File an Amended Class Action Complaint. See Order for details. Signed by Senior Judge Harvey E. Schlesinger on 2/11/2013. (HG) (Entered: 02/11/2013) 02/14/ NOTICE of Appearance by Holly Kimmel on behalf of Nick Mogensen (Kimmel, Holly) (Entered: 02/14/2013) 02/18/ Unopposed MOTION for Kelly M. Kinney to appear pro hac vice by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lembcke, Charles) Motions referred to Magistrate Judge James R. Klindt. (Entered: 02/18/2013) 02/18/ CORRECTED MOTION for Kelley M. Kinney to appear pro hac vice by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lembcke, Charles) Motions referred to Magistrate Judge James R. Klindt. Modified on 2/19/2013, to edit docket text (HG). (Entered: 02/18/2013)

8 02/20/2013 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kelley Kinney, appearing on behalf of Body Central Corporation, Thomas Stoltz, B. Allen Weinstein (Filing fee $10 receipt number JAX ) Related document: 23 Unopposed MOTION for Kelley M. Kinney to appear pro hac vice. (SJW) (Entered: 02/28/2013) 02/22/ AMENDED COMPLAINT amended class action complaint for violation of the Federal Securities Laws against Body Central Corporation, Thomas Stoltz, B. Allen Weinstein, Elizabeth Angelo with Jury Demand. filed by Nick Mogensen.(Robbins, Robert) Modified on 2/25/2013 to edit text (PAM). (Entered: 02/22/2013) 02/26/ AMENDED COMPLAINT - CORRECTED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against Body Central Corporation, Thomas Stoltz, B. Allen Weinstein, Beth R. Angelo with Jury Demand. filed by Nick Mogensen.(Robbins, Robert) (Entered: 02/26/2013) 02/28/ SUMMONS issued as to Beth R. Angelo. (HG) (Entered: 02/28/2013) 02/28/ ORDER granting 23 Corrected Motion for Permission for Kelley M. Kinney to Appear Pro Hac Vice. Kelley M. Kinney, Esquire is permitted to appear pro hac vice in this matter on behalf of Defendants with Charles B. Lembcke, Esquire as local counsel. Ms. Kinney shall expeditiously ensure registration with the Court's electronic case filing system. Signed by Magistrate Judge James R. Klindt on 2/28/2013. (MDC) (Entered: 02/28/2013) 03/06/ ORDER to show cause why this case should not be dismissed from Plaintiff's failure to file a joint Case Management Report as ordered and otherwise prosecute this action pursuant to Local Rule as to Nick Mogensen. Signed by Senior Judge Harvey E. Schlesinger on 3/6/2013. (HG) (Entered: 03/07/2013) 03/07/ RESPONSE TO ORDER TO SHOW CAUSE re 28 Order to show cause filed by Nick Mogensen. (Robbins, Robert) (Entered: 03/07/2013) 04/19/ CORPORATE Disclosure Statement by Body Central Corporation. (Lembcke, Charles) (Entered: 04/19/2013) 04/19/ Unopposed MOTION for Leave to File Excess Pages by All Defendants. (Lembcke, Charles) (Entered: 04/19/2013) 04/22/ ORDER granting 31 Motion for Leave to File Excess Pages. Signed by Magistrate Judge James R. Klindt on behalf of Judge Harvey E. Schlesinger on 4/22/2013. (AMM) Modified on 4/22/2013 edit docket text(amm). (Entered: 04/22/2013) 04/23/ MOTION to Dismiss Corrected Amended Class Action Complaint with Incorporated Memorandum of Law by All Defendants. (Lembcke, Charles) (Entered: 04/23/2013) 04/23/ MOTION for miscellaneous relief, specifically to Take Judicial Notice in Support of Defendant's Motion to Dismiss Corrected Amended Class Action Complaint With Incorporated Memorandum of Law by All Defendants. (Lembcke, Charles) (Entered: 04/23/2013) 04/23/ Unopposed MOTION for miscellaneous relief, specifically Oral Argument by All Defendants. (Lembcke, Charles) (Entered: 04/23/2013) 04/23/ MOTION to Dismiss Corrected Amended Class Action Complaint with Incorporated Memorandum of Law (Corrected) by All Defendants. (Lembcke, Charles) (Entered: 04/23/2013)

9 04/23/ DECLARATION of Brian Danitz re: 33 MOTION to Dismiss Corrected Amended Class Action Complaint with Incorporated Memorandum of Law, 36 MOTION to Dismiss Corrected Amended Class Action Complaint with Incorporated Memorandum of Law (Corrected) by Beth R. Angelo, Body Central Corporation, Nick Mogensen, Thomas Stoltz, B. Allen Weinstein. (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)(Lembcke, Charles) Modified on 4/25/2013, to edit text (HG). (Entered: 04/23/2013) 06/18/ Unopposed MOTION for Leave to File Excess Pages by Nick Mogensen. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) (Entered: 06/18/2013) 06/19/ ORDER granting 38 Motion for Leave to File a Memorandum in Excess of 20 pages. Signed by Senior Judge Harvey E. Schlesinger on 6/19/2013. (HC) (Entered: 06/19/2013) 06/24/ MOTION to Strike 36 MOTION to Dismiss Corrected Amended Class Action Complaint with Incorporated Memorandum of Law (Corrected) by All Plaintiffs. (Robbins, Robert) Motions referred to Magistrate Judge James R. Klindt. (Entered: 06/24/2013) 06/24/ MEMORANDUM in opposition re 33 Motion to dismiss, 36 Motion to dismiss filed by Nick Mogensen. (Robbins, Robert) (Entered: 06/24/2013) 06/26/ Unopposed MOTION for leave to file Leave to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss Corrected Amended Class Action Complaint by All Defendants. (Lembcke, Charles) (Entered: 06/26/2013) 07/08/ MEMORANDUM in opposition re 40 Motion to Strike Defendants' Memorandum of Law in Opposition to Plaintiff's Motion to Strike Extraneous Documents and References Thereto in Defendents" Corrected Motion to Dismiss the Corrected Amended Class Action Complaint filed by Body Central Corporation. (Lembcke, Charles) (Entered: 07/08/2013) 07/10/ ORDER granting 42 Unopposed Motion for Leave to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss Corrected Amended Class Action Complaint; Defendants have leave to file a reply not to exceed five (5) pages in length; Reply due on or before 7/19/13. Signed by Senior Judge Harvey E. Schlesinger on 7/9/13. (MGG) (Entered: 07/10/2013) 07/19/ REPLY to Response to Motion re 36 MOTION to Dismiss Corrected Amended Class Action Complaint with Incorporated Memorandum of Law (Corrected) filed by Body Central Corporation. (Lembcke, Charles) Modified on 7/22/2013 (MJT). (Entered: 07/19/2013) 09/19/ ORDER terminating 33 Motion to Dismiss Corrected Amended Class Action Complaint; granting in part and denying in part 34 Motion to Take Judicial Notice in Support of Defendant's Motion to Dismiss; taking under advisement 35 Unopposed Motion for Oral Argument; granting in part and denying in part 40 Motion to Strike; See Order for details and further instructions. Signed by Senior Judge Harvey E. Schlesinger on 9/18/13. (MGG) (Entered: 09/19/2013) 09/24/ NOTICE pursuant to 46 Order re 36 MOTION to Dismiss Corrected Amended Class Action Complaint by Beth R. Angelo, Body Central Corporation, B. Allen Weinstein, and Thomas Stoltz (Lembcke, Charles) Modified on 9/25/2013 (MJT). (Entered: 09/24/2013) 03/19/ ORDER denying 35 Unopposed Motion for Oral Argument; granting 36 Corrected

10 Motion to Dismiss Corrected Amended Class Action Complaint; dismissing the Amended Complaint without prejudice; See Order for further instructions and details. Signed by Senior Judge Harvey E. Schlesinger on 3/19/2014. (MGG) (Entered: 03/19/2014) 03/28/ Unopposed MOTION for Extension of Time to File Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) (Entered: 03/28/2014) 04/03/ ORDER granting 49 Unopposed MOTION for Extension of Time to File Second Amended Complaint; Complaint due by 4/23/14. Signed by Senior Judge Harvey E. Schlesinger on 4/2/14. (MGG) (Entered: 04/03/2014) 04/04/2014 Set deadline: Second Amended complaint due by 4/23/2014 (MJT) (Entered: 04/04/2014) 04/23/ Second AMENDED COMPLAINT Second Amended Class Action Complaint for Violations of the Federal Securities Laws against Beth R. Angelo, Body Central Corporation, Thomas Stoltz, B. Allen Weinstein with Jury Demand. filed by Nick Mogensen.(Robbins, Robert) Modified on 4/24/2014 (LAB). (Entered: 04/23/2014) 04/23/ MOTION to modify Motion to Partially Modify the Discovery Stay Contained in the Private Securities Litigation Reform Act of 1995 and Incorporated Memorandum of Law in Support Thereof by Nick Mogensen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robbins, Robert) (Entered: 04/23/2014) 04/30/ Joint MOTION for miscellaneous relief, specifically Scheduling Order by Beth R. Angelo, Body Central Corporation, Thomas Stoltz, B. Allen Weinstein. (Attachments: # 1 Text of Proposed Order)(Lembcke, Charles) (Entered: 04/30/2014) 05/09/ ORDER granting 53 Motion for scheduling order. See Order for further details. Signed by Magistrate Judge James R. Klindt on behalf of Harvey E. Schlesinger on 5/9/2014. (PAM) Modified on 5/9/2014 to edit text (PAM). (Entered: 05/09/2014) 05/30/ MOTION to Dismiss Second Amended Class ActionComplaint with Incorporated Memorandum of Law by All Defendants. (Lembcke, Charles) (Entered: 05/30/2014) 05/30/ DECLARATION of Brian Danitz re 55 MOTION to Dismiss Second Amended Class ActionComplaint with Incorporated Memorandum of Law by Beth R. Angelo, Body Central Corporation, Thomas Stoltz, B. Allen Weinstein. (Attachments: # 1 Exhibit A)(Lembcke, Charles) (Entered: 05/30/2014) 05/30/ RESPONSE in Opposition re 52 MOTION to modify Lead Plaintiff's Motion to Partially Modify the Discovery Stay Contained in the Private Securities Litigation Reform Act of 1995 and Incorporated Memorandum of Law in Support Thereof filed by Beth R. Angelo, Body Central Corporation, Thomas Stoltz, B. Allen Weinstein. (Lembcke, Charles) (Entered: 05/30/2014) 05/30/ DECLARATION of Thomas Stoltz in support of 57 RESPONSE in Opposition re 52 MOTION to modify Lead Plaintiff's Motion to Partially Modify the Discovery Stay Contained in the Private Securities Litigation Reform Act of 1995 by Beth R. Angelo, Body Central Corporation, Thomas Stoltz, B. Allen Weinstein. (Lembcke, Charles) Modified on 6/2/2014 (MJT). (Entered: 05/30/2014) 05/30/ Unopposed MOTION for Oral Argument by All Defendants. (Lembcke, Charles) Modified on 6/2/2014 (MJT). (Entered: 05/30/2014) 06/12/ ORDER denying 52 Motion to Partially Modify the Discovery Stay Contained in the

11 Private Securities Litigation Reform Act of 1995; denying 59 Motion for Oral Argument. Signed by Senior Judge Harvey E. Schlesinger on 6/11/14. (MGG) (Entered: 06/12/2014) 07/09/ Unopposed MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Dismiss Second Amended Class Action Complaint by Nick Mogensen. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) Modified on 7/10/2014 (MJT). (Entered: 07/09/2014) 07/11/ ORDER granting 61 Motion for Extension of Time to File; Response due 7/18/14. Signed by Magistrate Judge James R. Klindt on 7/11/2014. (MGG) (Entered: 07/11/2014) 07/18/ Unopposed MOTION for Extension of Time to File by Nick Mogensen. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) (Entered: 07/18/2014) 08/06/ ORDER granting 63 Motion for Extension of Time to File; the Parties shall have until 8/18/14 to update the Court as to the status of a settlement agreement. Signed by Senior Judge Harvey E. Schlesinger on 8/6/2014. (MGG) (Entered: 08/06/2014) 08/07/2014 Set deadline: Settlement Status due by 8/18/2014. (MJT) (Entered: 08/07/2014) 08/18/ STATUS report by Nick Mogensen. (Robbins, Robert) (Entered: 08/18/2014) 08/25/ Unopposed MOTION for Preliminary Approval of Proposed Class Action Settlement by Nick Mogensen. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) Modified on 8/26/2014 (MJT). (Entered: 08/25/2014) 08/25/ DECLARATION of Robert J. Robbins re 66 Unopposed MOTION for Preliminary Approval of Proposed Class Action Settlement by Nick Mogensen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Robbins, Robert) Modified on 8/26/2014 (MJT). (Entered: 08/25/2014) 09/03/ MOTION for Ellen Gusikoff Stewart to appear pro hac vice by Nick Mogensen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Robbins, Robert) Motions referred to Magistrate Judge James R. Klindt. (Entered: 09/03/2014) 09/04/2014 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Ellen Gusikoff Stewart, appearing on behalf of Nick Mogensen (Filing fee $10 receipt number JAX ). (TSW) (Entered: 09/04/2014) 09/04/ ORDER granting 68 Motion for Permission to Appear Pro Hac Vice, and Written Designation and Consent to Act; Ellen Gusikoff Stewart is permitted to appear pro hac vice in this matter on behalf of Plaintiff with Robert J. Robbins as local counsel; Ms. Stewart shall expeditiously ensure registration with the Court's mandatory electronic case filing (ECF) system. Signed by Magistrate Judge James R. Klindt on 9/4/2014. (JLD) (Entered: 09/04/2014) 10/10/ ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: granting 66 Unopposed MOTION for Preliminary Approval of Proposed Class Action Settlement; Settlement Hearing set for 1/21/15 at 10:00 AM in Courtroom 10C before the Honorable Harvey E. Schlesinger; SEE ORDER FOR FURTHER INSTRUCTIONS AND DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 10/10/2014. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3)(MGG) Modified on 10/10/2014 (MGG). (Entered: 10/10/2014) 10/14/2014 Set hearing: Settlement Hearing set for 1/21/2015 at 10:00 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger (MJT) (Entered: 10/14/2014)

12 12/17/ MOTION for Settlement Final Approval of Class Action Settlement and Plan of Distribution of Settlement Proceeds and Incorporated Memorandum of Law by Nick Mogensen. (Robbins, Robert) (Entered: 12/17/2014) 12/17/ MOTION for Attorney Fees and Expenses and Incorporated Memorandum of Law by Nick Mogensen. (Robbins, Robert) (Entered: 12/17/2014) 12/17/ DECLARATION of Robert J. Robbins re 72 MOTION for Attorney Fees and Expenses and Incorporated Memorandum of Law, 71 MOTION for Settlement Final Approval of Class Action Settlement and Plan of Distribution of Settlement Proceeds and Incorporated Memorandum of Law by Nick Mogensen. (Attachments: # 1 Exhibit 1 (Declaration of Francis A. Bottini, Jr.), # 2 Exhibit 2 (Declaration of Carole K. Sylvester on Behalf of Gilardi & Co. LLC), # 3 Exhibit 3 (Declaration of Robert J. Robbins Filed on Behalf of Robbins Geller Rudman & Dowd LLP), # 4 Exhibit 4 (Declaration of Francis A. Bottini, Jr. Filed on Behalf of Bottini & Bottini, Inc.), # 5 Exhibit 5 (Fuller v. Imperial Holdings), # 6 Exhibit 6 (Reina v. Tropical Sportswear), # 7 Exhibit 7 (In re Cryo-Cell), # 8 Exhibit 8 (In re Choicepoint), # 9 Exhibit 9 (AAL High Yield v. Ruttenberg), # 10 Exhibit 10 (NERA Study))(Robbins, Robert) (Entered: 12/17/2014) 01/14/ REPLY to Response to Motion re 72 MOTION for Attorney Fees and Expenses and Incorporated Memorandum of Law, 71 MOTION for Settlement Final Approval of Class Action Settlement and Plan of Distribution of Settlement Proceeds and Incorporated Memorandum of Law filed by Nick Mogensen. (Robbins, Robert) (Entered: 01/14/2015) 01/20/ NOTICE by Beth R. Angelo, Body Central Corporation, Thomas Stoltz, B. Allen Weinstein Concerning Body Central Corp.'s Entry Into Assignment For The Benefit Of Creditors (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lembcke, Charles) (Entered: 01/20/2015) 01/20/ NOTICE by Mark C Healy of Pending Assignment for Benefit of Creditors (Brown, Jacob) (Entered: 01/20/2015) 01/21/ MINUTE Entry for proceedings held before Senior Judge Harvey E. Schlesinger: SETTLEMENT CONFERENCE held on 1/21/2015. Court Reporter:Celeste Werkheiser, Cornerstone (ASL) (Entered: 01/21/2015) 01/21/ FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. See Order for details. Signed by Senior Judge Harvey E. Schlesinger on 1/20/2015. (NAS) (Entered: 01/21/2015) 01/21/ ORDER AWARDING ATTORNEYS' FEES AND EXPENSES granting 72 Motion for Attorney Fees. Lead counsel is hereby awarded attorneys' fees in the amount of 30% of $3,425,000, as well as payment of litigation expenses in the amount of $17,138.41, with interest earned on such amounts at the same rate as is earned by the Settlement Fund, which sums the Court finds to be fair and reasonable.. Signed by Senior Judge Harvey E. Schlesinger on 1/20/2015. (NAS) (Entered: 01/21/2015) 01/21/ ORDER APPROVING PLAN OF DISTRIBUTION OF SETTLEMENT PROCEEDS granting 71 Motion for Settlement. Signed by Senior Judge Harvey E. Schlesinger on 1/20/2015. (NAS) (Entered: 01/21/2015) 01/26/ TRANSCRIPT of Settlement Conference held on 1/21/15 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Celeste O. Werkheiser/Cornerstone,Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of

13 Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 2/17/2015, Redacted Transcript Deadline set for 2/26/2015, Release of Transcript Restriction set for 4/27/2015. (RH) (Entered: 01/26/2015) 01/26/ NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Celeste O. Werkheiser/Cornerstone. (RH) (Entered: 01/26/2015) 04/03/ MOTION for miscellaneous relief, specifically for the status of case filed by Joseph Chalverus. (TSW) Modified on 4/28/2017 DISMISSED AS MOOT per Order 86 (TSW). (Entered: 04/04/2017) 04/05/ RESPONSE re 83 MOTION for miscellaneous relief, specifically for the status of case filed by Nick Mogensen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stewart, Ellen) (Entered: 04/05/2017) 04/13/ ORDER for Claimant Joseph Chalverus to show cause, within 14 days, why this motion 83 should not be dismissed as moot. Signed by Senior Judge Harvey E. Schlesinger on 4/12/2017. (MGG) Modified on 4/13/2017 (MGG). (Entered: 04/13/2017) 04/27/ ORDER dismissing as moot 83 Motion; directing the Clerk to close this case. Signed by Senior Judge Harvey E. Schlesinger on 4/27/2017. (MGG) (Entered: 04/27/2017) 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