U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:17-cv PAB-NYW

Transcription

1 US District Court Civil Docket as of October 4, 2017 Retrieved from the court on October 4, 2017 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:17-cv PAB-NYW Assad v. DigitalGlobe, Inc et al Assigned to: Judge Philip A. Brimmer Referred to: Magistrate Judge Nina Y. Wang Cause: 15:78 Securities Exchange Act Plaintiff George Assad Individually and on Behalf of All Others Similarly Situated Date Filed: 05/03/2017 Date Terminated: 09/20/2017 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Rusty Evan Glenn Shuman Law Firm-Denver th Street Suite 2800 South Denver, CO Fax: V. Consol Plaintiff Dane Gussin represented by Jeffrey Mark Villanueva Jeffrey M. Villanueva, P.C Blake Street #225 Denver, CO Fax: LEAD ATTORNEY Rusty Evan Glenn LEAD ATTORNEY Daniel Kuznicki Brower Piven, P.C. 475 Park Avenue South 33rd Floor New York, NY 10016

2 Fax: Consol Plaintiff Jeweltex Manufacturing Inc. Retirement Plan Consol Plaintiff Royce Bussey Consol Plaintiff Stuart Zand represented by Richard Adam Acocelli Weiss Law LLP 1500 Broadway New York, NY Fax: LEAD ATTORNEY represented by Richard Adam Acocelli LEAD ATTORNEY represented by James Milligan Wilson, Jr. Faruqi & Faruqi, LLP-New York 685 Third Avenue 26th Floor New York, NY Fax: LEAD ATTORNEY Michael Van Gorder Faruqi & Faruqi, LLP-Wilmington 20 Montchanin Road Suite 145 Wilmington, DE Fax: Consol Plaintiff Matthew Machion represented by M. Gabriel McFarland Evans & McFarland, LLC-Golden th Street #200 Golden, CO 80401

3 Fax: LEAD ATTORNEY Danielle S. Myers Robbins Geller Rudman & Dowd, LLP- San Diego 655 West Broadway Suite 1900 San Diego, CA Fax: V. DigitalGlobe, Inc Brownstein Hyatt Farber Schreck, LLP- Denver th Street Suite 2200 Denver, CO Fax: Brownstein Hyatt Farber Schreck, LLP- Denver th Street Suite 2200 Denver, CO Fax: O'Melveny & Myers, LLP-Los Angeles- Hope Street 400 South Hope Street Los Angeles, CA Fax:

4 O'Melveny & Myers, LLP-Los Angeles- Hope Street 400 South Hope Street Los Angeles, CA Fax: Howell M. Estes, III General Nick S. Cyprus Roxanne Decyk

5 Lawrence A. Hough Warren C. Jenson L. Roger Mason, Jr.

6 Jeffrey R. Tarr Kimberly Till Eddy Zervigon

7 MacDonald, Dettwiler and Associates, Ltd. represented by Caitlin C. McHugh Lewis Roca Rothgerber Christie LLP- Denver th Street One Tabor Center Suite 3000 Denver, CO Fax: Michael D. Plachy Lewis Roca Rothgerber Christie LLP- Denver th Street One Tabor Center Suite 3000 Denver, CO Fax: SSL MDA Holdings, Inc. represented by Caitlin C. McHugh Michael D. Plachy

8 Merlin Merger Sub, Inc. represented by Caitlin C. McHugh Michael D. Plachy Date Filed # Docket Text 05/03/ COMPLAINT against Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, MacDonald, Dettwiler and Associates, Ltd., L. Roger Mason, Jr, Merlin Merger Sub, Inc., SSL MDA Holdings, Inc., Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon (Filing fee $ 400,Receipt Number )Attorney Rusty Evan Glenn added to party George Assad(pty:pla), filed by George Assad. (Attachments: # 1 Civil Cover Sheet)(Glenn, Rusty) (Entered: 05/03/2017) 05/03/ Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry (dbera, ) (Entered: 05/03/2017) 05/03/ Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dbera, ) (Entered: 05/03/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Nick S. Cyprus waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Roxanne Decyk waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. DigitalGlobe, Inc waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Howell M. Estes, III waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Lawrence A. Hough waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Warren C. Jenson waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. L. Roger Mason, Jr waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Jeffrey R. Tarr waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Kimberly Till waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/19/ WAIVER OF SERVICE Returned Executed by George Assad. Eddy Zervigon waiver sent on 5/16/2017, answer due 7/17/2017. (Glenn, Rusty) (Entered: 05/19/2017) 05/22/ ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 5/22/17. A Scheduling Conference is set for 7/25/ :30 AM in

9 Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed order in Word format sent via to Wang_Chambers@cod.uscourts.gov, on or before 7/18/2017. The parties MUST complete and file the Consent/Nonconsent Form by 7/11/2017. (bwilk, ) (Entered: 05/22/2017) 06/13/ MOTION to Consolidate Cases by DigitalGlobe, Inc. (Attachments: # 1 Proposed Order (PDF Only))(McDermott, John) (Entered: 06/13/2017) 06/13/ NOTICE OF CASE ASSOCIATION by on behalf of DigitalGlobe, Inc (McDermott, John) (Entered: 06/13/2017) 06/15/ NOTICE of Entry of Appearance by on behalf of Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy ZervigonAttorney added to party Nick S. Cyprus(pty:dft), Attorney added to party Roxanne Decyk(pty:dft), Attorney added to party DigitalGlobe, Inc(pty:dft), Attorney added to party Howell M. Estes, III(pty:dft), Attorney added to party Lawrence A. Hough(pty:dft), Attorney William K. Pao added to party Warren C. Jenson(pty:dft), Attorney added to party L. Roger Mason, Jr(pty:dft), Attorney added to party Jeffrey R. Tarr(pty:dft), Attorney added to party Kimberly Till(pty:dft), Attorney added to party Eddy Zervigon(pty:dft) (Pao, William) (Entered: 06/15/2017) 06/15/ NOTICE of Entry of Appearance by on behalf of Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy ZervigonAttorney added to party Nick S. Cyprus(pty:dft), Attorney added to party Roxanne Decyk(pty:dft), Attorney added to party DigitalGlobe, Inc(pty:dft), Attorney added to party Howell M. Estes, III(pty:dft), Attorney added to party Lawrence A. Hough(pty:dft), Attorney added to party Warren C. Jenson(pty:dft), Attorney Matthew W. Close added to party L. Roger Mason, Jr(pty:dft), Attorney added to party Jeffrey R. Tarr(pty:dft), Attorney added to party Kimberly Till(pty:dft), Attorney added to party Eddy Zervigon(pty:dft) (Close, Matthew) (Entered: 06/15/2017) 06/29/ NOTICE OF CASE ASSOCIATION by Emily Renwick Garnett on behalf of Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon (Garnett, Emily) (Entered: 06/29/2017) 06/29/ SUPPLEMENT/AMENDMENT to 15 MOTION to Consolidate Cases by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon. (McDermott, John) (Entered: 06/29/2017) 07/05/ BRIEF in Opposition to 15 MOTION to Consolidate Cases filed by Movant Dane Gussin. (Kuznicki, Daniel) (Entered: 07/05/2017) 07/05/ CONSENT to Jurisdiction of Magistrate Judge by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon All parties do not

10 consent.. (Garnett, Emily) (Entered: 07/05/2017) 07/05/ CASE REASSIGNED pursuant to 22 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Philip A. Brimmer. All future pleadings should be designated as 17-cv PAB. (Text Only Entry) (nmarb, ) (Entered: 07/05/2017) 07/05/ REPLY to Response to 15 MOTION to Consolidate Cases filed by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon. (McDermott, John) (Entered: 07/05/2017) 07/06/ ORDER granting 15 Motion to Consolidate Related Actions by Judge Philip A. Brimmer on 7/6/17. Case Nos. 17-cv PAB, 17-cv STV, 17-cv RM-MEH, 17- cv cma, and 17-cv RM-KMT are consolidated for all purposes. A Motion Hearing is set for 7/14/ :00 AM in Courtroom A 701 before Judge Philip A. Brimmer. All filings shall be filed in this case only. (dkals, ) (Entered: 07/06/2017) 07/07/ ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Philip A. Brimmer on 7/7/17. Text Only Entry (pabsec) (Entered: 07/07/2017) 07/10/ Stipulated MOTION to Vacate Current Deadlines Pending the Appointment of Lead Plaintiff(s) and Lead Plaintiff(s)' Counsel by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon. (Attachments: # 1 Proposed Order (PDF Only))(McDermott, John) (Entered: 07/10/2017) 07/11/ NOTICE of Entry of Appearance by Michael Van Gorder on behalf of Stuart ZandAttorney Michael Van Gorder added to party Stuart Zand(pty:conpla) (Van Gorder, Michael) (Entered: 07/11/2017) 07/11/ MEMORANDUM regarding 27 Stipulated MOTION to Vacate Current Deadlines Pending the Appointment of Lead Plaintiff(s) and Lead Plaintiff(s)' Counsel filed by Kimberly Till, Warren C. Jenson, Roxanne Decyk, L. Roger Mason, Jr., Eddy Zervigon, Howell M. Estes, III, DigitalGlobe, Inc, Nick S. Cyprus, Lawrence A. Hough, Jeffrey R. Tarr. Motion referred to Magistrate Judge Nina Y. Wang by Judge Philip A. Brimmer on 7/11/17. Text Only Entry (pabsec) (Entered: 07/11/2017) 07/11/ ORDER granting in part and denying in part 27 Motion to Vacate. The Scheduling Conference set for 7/25/2017 9:30 AM is VACATED and RESET as a Status Conference for 8/29/ :00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 7/11/2017. Text Only Entry (nywlc2, ) (Entered:

11 07/11/2017) 07/11/ REPLY to Response to 15 MOTION to Consolidate Cases REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFF DANE GUSSINS EXPEDITED MOTION FOR PRELIMINARY INJUNCTION filed by Consol Plaintiff Dane Gussin. (Kuznicki, Daniel) (Entered: 07/11/2017) 07/12/ AMENDED MINUTE ORDER re: 30 Minute Order on Motion to Vacate. In addition to vacating the set scheduling deadlines, this court also VACATES s' response deadlines to the Complaints in all five actions. This court will RESET those deadlines at upcoming Status Conference. By Magistrate Judge Nina Y. Wang on 7/12/2017. Text Only Entry (nywlc2, ) (Entered: 07/12/2017) 07/13/ MINUTE ORDER by Magistrate Judge Nina Y. Wang on 7/13/17. All pre-trial scheduling deadlines, including Status Conferences and Answer deadlines, are hereby VACATED in the four associated matters... the 8/29/2017 Status Conference set in the lead case Assad, individually and on behalf of all others similarly situated v. DigitalGlobe, Inc. et al., Civil Action No. 17-cv PAB-NYW, in Courtroom C-204 of the Byron Rogers Courthouse before the undersigned Magistrate Judge REMAINS SET. Parties are reminded of presiding judge the Honorable Philip A. Brimmer's directive that "all filings shall be filed in this case [Civil Action No. 17-cv-0197-PAB-NYW] only." Nothing in this Minute Order shall be construed as vacating the Preliminary Injunctions hearing set for 7/14/2017 at 8:00 AM before Judge Brimmer or any other order or direction given by Judge Brimmer. (bwilk, ) (Entered: 07/13/2017) 07/14/ MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 7/14/2017. Court Reporter: Janet Coppock. (kpreu) (Entered: 07/24/2017) 07/21/ ORDER denying Plaintiff Dane Gussin's Motion for Preliminary Injunction, #19 in Case No. 17-cv PAB, and Plaintiff Stuart Zand's Motion for Preliminary Injunction, #14 in Case No. 17-cv PAB, by Judge Philip A. Brimmer on 7/21/17. (dkals, ) (Entered: 07/21/2017) 07/21/ Unopposed MOTION to Consolidate Cases re Machion v. DigitalGlobe, Inc., et al. Case No. 17cv1692 by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon. (Attachments: # 1 Proposed Order (PDF Only))(Pao, William) (Entered: 07/21/2017) 07/24/ NOTICE of Entry of Appearance by Danielle S. Myers on behalf of Matthew MachionAttorney Danielle S. Myers added to party Matthew Machion(pty:mov) (Myers, Danielle) (Entered: 07/24/2017) 07/24/ MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Movant Matthew Machion. (Attachments: # 1 Proposed Order (PDF Only))(Myers, Danielle) (Entered: 07/24/2017) 07/24/ DECLARATION of Danielle S. Myers regarding MOTION to Appoint Counsel and for Appointment as Lead Plaintiff 38 by Movant Matthew Machion. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Myers, Danielle) (Entered: 07/24/2017) 07/24/ MOTION for Appointment AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS CHOICE OF COUNSEL by Consol Plaintiff Dane Gussin. (Attachments: # 1 Proposed Order (PDF Only))(Kuznicki, Daniel) (Entered: 07/24/2017)

12 07/24/ BRIEF in Support of 40 MOTION for Appointment AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS CHOICE OF COUNSEL filed by Consol Plaintiff Dane Gussin. (Kuznicki, Daniel) (Entered: 07/24/2017) 07/24/ DECLARATION of Daniel Kuznicki regarding Brief in Support of Motion 41, MOTION for Appointment AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS CHOICE OF COUNSEL 40 by Consol Plaintiff Dane Gussin. (Attachments: # 1 Exhibit Cert., # 2 Exhibit Notice, # 3 Exhibit Resume)(Kuznicki, Daniel) (Entered: 07/24/2017) 07/25/ ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 42 Declaration, filed by attorneydaniel Kuznicki.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (dkals, ) (Entered: 07/25/2017) 07/25/ ORDER granting 35 Unopposed Motion to Consolidate by Judge Philip A. Brimmer on 7/25/17. Case Nos. 17-cv PAB-NYW, 17-cv PAB-NYW, 17-cv PAB-NYW, 17-cv PAB-NYW, 17-cv PAB-NYW, and 17-cv MSK- NYW are consolidated for all purposes. (dkals, ) (Entered: 07/25/2017) 07/27/ TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on July 14, 2017 before Judge Philip A. Brimmer. Pages: <br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (jcopp, ) (Entered: 07/27/2017) 08/01/ MEMORANDUM regarding 40 MOTION for Appointment AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS CHOICE OF COUNSEL filed by Dane Gussin, 38 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Matthew Machion: Motions referred to Magistrate Judge Nina Y. Wang by Judge Philip A. Brimmer on 8/1/17. Text Only Entry (dkals, ) (Entered: 08/01/2017) 08/07/ NOTICE of Entry of Appearance by Michael D. Plachy on behalf of MacDonald, Dettwiler and Associates, Ltd., Merlin Merger Sub, Inc., SSL MDA Holdings, Inc.Attorney Michael D. Plachy added to party MacDonald, Dettwiler and Associates, Ltd.(pty:dft), Attorney Michael D. Plachy added to party Merlin Merger Sub, Inc.(pty:dft), Attorney Michael D. Plachy added to party SSL MDA Holdings, Inc.(pty:dft) (Plachy, Michael) (Entered: 08/07/2017) 08/07/ NOTICE of Entry of Appearance by Caitlin C. McHugh on behalf of MacDonald, Dettwiler and Associates, Ltd., Merlin Merger Sub, Inc., SSL MDA Holdings, Inc.Attorney Caitlin C. McHugh added to party MacDonald, Dettwiler and Associates, Ltd.(pty:dft), Attorney Caitlin C. McHugh added to party Merlin Merger Sub, Inc.(pty:dft), Attorney Caitlin C. McHugh added to party SSL MDA Holdings, Inc.(pty:dft) (McHugh, Caitlin) (Entered: 08/07/2017) 08/07/ Stipulated MOTION to Vacate Current Deadlines in the Machion Proceeding and to

13 Adopt the Court's Previous Order Vacating Current Deadlines by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon. (Attachments: # 1 Proposed Order (PDF Only))(Garnett, Emily) (Entered: 08/07/2017) 08/08/ MEMORANDUM regarding 49 Stipulated MOTION to Vacate Current Deadlines in the Machion Proceeding and to Adopt the Court's Previous Order Vacating Current Deadlines filed by Kimberly Till, Warren C. Jenson, Roxanne Decyk, L. Roger Mason, Jr., Eddy Zervigon, Howell M. Estes, III, DigitalGlobe, Inc, Nick S. Cyprus, Lawrence A. Hough, Jeffrey R. Tarr. Motion referred to Magistrate Judge Nina Y. Wang by Judge Philip A. Brimmer on 8/8/17. Text Only Entry (pabsec) (Entered: 08/08/2017) 08/08/ ORDER granting 49 Motion to Vacate. Pursuant to this court's 33 Minute Order, all response deadlines and any other pre-trial deadlines in Machion v. DigitalGlobe, Inc. et al., No. 17-cv PAB-NYW are herby VACATED. By Magistrate Judge Nina Y. Wang on 8/8/2017. Text Only Entry (nywlc2, ) (Entered: 08/08/2017) 08/14/ REPLY to Response to 40 MOTION for Appointment AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS CHOICE OF COUNSEL filed by Consol Plaintiff Dane Gussin. (Villanueva, Jeffrey) (Entered: 08/14/2017) 08/14/ NOTICE re 38 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff Plaintiff's Notice of Withdrawal of Motion for Appointment as Lead Plaintiff by Consol Plaintiff Matthew Machion (Myers, Danielle) (Entered: 08/14/2017) 08/17/ ORDER by Magistrate Judge Nina Y. Wang on 8/17/2017. Plaintiff Dane Gussin's Motion to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel 40 is GRANTED; and Plaintiff Matthew Machion's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel 38 is DENIED AS MOOT. (nywlc2, ) (Entered: 08/17/2017) 08/24/ Stipulated MOTION for Order to / Stipulated Motion Regarding Filing Deadlines for Consolidated Amended Complaint and Motion to Dismiss Briefing and to Vacate the August 29, 2017 Status Conference by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon. (Attachments: # 1 Proposed Order (PDF Only))(Pao, William) (Entered: 08/24/2017) 08/25/ MEMORANDUM regarding 55 Stipulated Motion Regarding Filing Deadlines for Consolidated Amended Complaint and Motion to Dismiss Briefing and to Vacate the August 29, 2017 Status Conference filed by Kimberly Till, Warren C. Jenson, Roxanne Decyk, L. Roger Mason, Jr., Eddy Zervigon, Howell M. Estes, III, DigitalGlobe, Inc, Nick S. Cyprus, Lawrence A. Hough, Jeffrey R. Tarr. Motion referred to Magistrate Judge Nina Y. Wang by Judge Philip A. Brimmer on 8/25/17. Text Only Entry (pabsec) (Entered: 08/25/2017) 08/25/ ORDER granting in part and denying in part 55 Stipulated Motion Regarding Filing Deadlines for Consolidated Amended Complaint and Motion to Dismiss Briefing and To Vacate The August 29, 2017 Status Conference. In the pending Motion, the Parties request that this court vacate the Status Conference set for 8/29/2017, set a sixty(60) deadline for the Lead Plaintiff to file an Amended Complaint, and set an extended briefing schedule for s' proposed Motion to Dismiss the Amended Complaint. However, according to the Parties' proposed deadline and briefing schedule, the potential Motion to Dismiss would not be fully ripe until almost one year after the first of these consolidated

14 cases was filed. Accordingly, this court SETS the following deadlines: (1) On or before 9/26/2017 Lead Plaintiff shall file a consolidated Amended Complaint; (2) on or before 10/27/2017 s shall answer or otherwise respond to the Amended Complaint, including a Motion to Dismiss; (3) on or before 11/17/2017 Lead Plaintiff shall file a Response to the Motion to Dismiss; and (4) on or before 12/4/2017 s shall file a Reply to the Motion to Dismiss. In addition, the Status Conference set for 8/29/2017 9:00 AM is VACATED. No further extensions of time of the aforementioned deadlines will be granted absent extraordinary circumstances. By Magistrate Judge Nina Y. Wang on 8/25/2017. Text Only Entry (nywlc2, ) (Entered: 08/25/2017) 09/15/ MOTION to Withdraw AS LEAD PLAINTIFF AND LEAD COUNSEL by Consol Plaintiff Dane Gussin. (Attachments: # 1 Proposed Order (PDF Only))(Kuznicki, Daniel) (Entered: 09/15/2017) 09/15/ MEMORANDUM regarding 58 MOTION to Withdraw AS LEAD PLAINTIFF AND LEAD COUNSEL filed by Dane Gussin. Motion referred to Magistrate Judge Nina Y. Wang by Judge Philip A. Brimmer on 9/15/17. Text Only Entry (pabsec) (Entered: 09/15/2017) 09/15/ MINUTE ORDER re: 58 MOTION to Withdraw AS LEAD PLAINTIFF AND LEAD COUNSEL filed by Dane Gussin. A Telephonic Status Conference is set for 9/29/ :30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Lead Counsel and Defense counsel shall initiate a conference call amongst themselves prior to calling Chambers on one telephone line at (303) at the designated time. Furthermore, any Responses to the Motion to Withdraw shall be filed on or before 9/27/2017. By Magistrate Judge Nina Y. Wang on 9/15/2017. (nywlc2, ) (Entered: 09/15/2017) 09/19/ RESPONSE to 58 MOTION to Withdraw AS LEAD PLAINTIFF AND LEAD COUNSEL filed by s Nick S. Cyprus, Roxanne Decyk, DigitalGlobe, Inc, Howell M. Estes, III, Lawrence A. Hough, Warren C. Jenson, L. Roger Mason, Jr, Jeffrey R. Tarr, Kimberly Till, Eddy Zervigon. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McDermott, John) (Entered: 09/19/2017) 09/20/ NOTICE of Voluntary Dismissal of Case by Consol Plaintiff Royce Bussey (Acocelli, Richard) (Entered: 09/20/2017) 09/20/ NOTICE of Voluntary Dismissal of Case by Consol Plaintiff Jeweltex Manufacturing Inc. Retirement Plan (Acocelli, Richard) (Entered: 09/20/2017) 09/20/ NOTICE of Voluntary Dismissal of Case by Consol Plaintiff Stuart Zand (Wilson, James) (Entered: 09/20/2017) 09/20/ NOTICE of Voluntary Dismissal of Case by Plaintiff George Assad (Glenn, Rusty) (Entered: 09/20/2017) 09/20/ Civil Case Terminated pursuant to 65 the Notice of Voluntary Dismissal filed on 09/20/2017. Text Only Entry (sphil, ) Modified on 10/2/2017 to add linkage (sphil, ). (Entered: 09/29/2017) 09/22/ MINUTE ORDER: due to an unavoidable conflict with the court's calendar, the Telephonic Status Conference set for 9/29/2017 is VACATED and RESET to 10/2/2017 at 03:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 9/22/2017. Text Only Entry (nywlc1) (Entered: 09/22/2017) 09/26/ REPLY to Response to 58 MOTION to Withdraw AS LEAD PLAINTIFF AND LEAD

15 COUNSEL filed by Consol Plaintiff Dane Gussin. (Kuznicki, Daniel) (Entered: 09/26/2017) 10/02/ COURTROOM MINUTES/MINUTE ORDER for Telephonic Status Conference held on 10/2/2017 before Magistrate Judge Nina Y. Wang. Plaintiff's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel 10 in case 17- cv pab-nyw is DENIED as MOOT, as reflected in the court's order 54 docketed in 17-cv-1097-PAB-NYW. Motion to Withdraw as Lead Plaintiff and Lead Counsel 58 is GRANTED in PART and DENIED in PART. Dane Gussin and his counsel are permitted to withdraw as lead Plaintiff and Lead Counsel. To the extent that Plaintiff Matthew Machion seeks to become Lead Plaintiff and his counsel to become Lead Counsel, Plaintiff Machion shall file a Motion for Appointment as Lead Plaintiff in case 17-cv PAB-NYW on or before 10/16/2017. FTR: Courtroom C-204. (bwilk, ) (Entered: 10/03/2017) 10/03/ NOTICE of Voluntary Dismissal of Case by Consol Plaintiff Dane Gussin (Kuznicki, Daniel) (Entered: 10/03/2017) 10/04/ TRANSCRIPT of Telephonic Status Conference held on October 2, 2017 before Magistrate Judge Wang. Pages: NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 10/04/2017) 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