U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:10-cv JG-VVP

Transcription

1 US District Court Civil Docket as of February 12, 2013 Retrieved from the court on February 12, 2013 U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:10-cv JG-VVP Bensinger v. Denbury Resources Inc. et al Date Filed: 04/28/2010 Assigned to: Judge John Gleeson Jury Demand: Plaintiff Referred to: Magistrate Judge Viktor V. Pohorelsky Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Plaintiff Eli Bensinger individually and on behalf of all others similarly situated represented by David Corey Katz WeissLaw LLP 551 Fifth Avenue Suite 1600 New York, NY Fax: Joseph Harry Weiss WeissLaw LLP 1500 Broadway 16th Floor New York, NY (212) Fax: (212) Joshua M. Rubin WeissLaw LLP 1500 Broadway 16th Floor New York, NY Fax: Jules Brody Stull, Stull & Brody 6 East 45th Street New York, NY (212)

2 Fax: Mark David Smilow WeissLaw LLP 1500 Broadway 16th floor New York, NY (212) Fax: (212) V. Denbury Resources Inc. represented by Kathryn Michelle Heim Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY (212) Fax: (212) LEAD ATTORNEY Mark Kornfeld Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY Fax: LEAD ATTORNEY Melissa Lori Kosack Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY (212) Fax: (212) LEAD ATTORNEY Ryan Patrick Farley Baker & Hostetler LLP 45 Rockefeller Plaza

3 New York, NY Fax: LEAD ATTORNEY Jerry R. Linscott Baker & Hostetler LLP Suntrust Center Suite South Orange Avenue, Post Office Box 112 Orlando, FL Fax: PRO HAC VICE Jessie Morgan Gabriel Baker & Hostetler 45 Rockefeller Plaza New York, NY Fax: Sarah Jane Tien Cam Truong Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY Fax: Phil Rykhoek Mark C. Allen Alan Rhoades Ronald G. Greene

4 Gareth Roberts David I. Heather Randy Stein William Wettstein Gregory McMichael Michael Beatty Michael Decker Date Filed # Docket Text 04/28/ COMPLAINT against Mark C. Allen, Michael Beatty, Michael Decker, Denbury Resources Inc., Ronald G. Greene, David I. Heather, Gregory McMichael, Alan Rhoades, Gareth Roberts, Phil Rykhoek, Randy Stein, William Wettstein Disclosure Statement on Civil Cover Sheet completed -no,, filed by Eli Bensinger. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 04/29/2010) 04/28/2010 FILING FEE: $ 350, receipt number (Bowens, Priscilla) (Entered: 04/29/2010) 05/03/ Letter Pre-Motion Request for Conference by Eli Bensinger (Weiss, Joseph) (Entered: 05/03/2010) 05/04/ CERTIFICATE OF SERVICE by Eli Bensinger re 1 Complaint, Proof of Service (Weiss, Joseph) (Entered: 05/04/2010) - 05/05/ SUMMONS Returned Executed by Eli Bensinger. Phil Rykhoek served on 5/4/2010, answer due 5/25/2010. (Weiss, Joseph) (Entered: 05/05/2010) 05/06/ AFFIDAVIT of Service for Summons and Complaint served on Denbury Resources Inc. and Phil Rykhoek on May 4, 2010, filed by Eli Bensinger. (Weiss, Joseph) (Entered: 05/06/2010) 05/07/ NOTICE of Appearance by Ryan Patrick Farley on behalf of Denbury Resources Inc. (aty to be noticed) (Attachments: # 1 Certificate of Service) (Farley, Ryan) (Entered: 05/07/2010) 05/07/ Letter to Judge Trager from Ryan Farley, Esq.-dated 5/7/2010 by Denbury Resources Inc. (Farley, Ryan) (Entered: 05/07/2010)

5 05/07/ Letter by Eli Bensinger (Weiss, Joseph) (Entered: 05/07/2010) 05/10/ I Letter by Eli Bensinger (Weiss, Joseph) (Entered: 05/10/2010) 05/12/ Minute Entry for proceedings held before Senior Judge David G. Trager:Telephone Conference held on 5/12/2010. Pre-motion conference on preliminary injunction. (Court Reporter Henry Shapiro) (Manuel, Germaine) (Entered: 05/14/2010) 05/21/ Letter to The Honorable David G. Trager from Ryan Farley, Esq and Mark Kornfeld, Esq.-dated May 21, 2010 by Denbury Resources Inc., Phil Rykhoek (Farley, Ryan) (Entered: 05/21/2010) 05/27/ /28/ AMENDED COMPLAINT against Denbury Resources Inc., filed by Eli Bensinger. (Weiss, Joseph) (Entered: 05/27/2010) 13 Letter by Eli Bensinger (Weiss, Joseph) (Entered: 05/28/2010) 06/08/ Letter updating the Court on developments occurring since the teleconference on May 12, 2010 by Denbury Resources Inc. (Farley, Ryan) (Entered: 06/08/2010) 06/18/ ORDER. In light of the fact that the instant case and the Delaware action both involve a challenge by former Encore shareholders to defendant's calculation of the merger consideration, the instant action is stayed until the previously filed Delaware action is resolved. Ordered by Senior Judge David G. Trager on 6/16/2010. (Siegfried, Evan) (Entered: 06/18/2010) 01/28/2011 Judge John Gleeson added. Senior Judge David G. Trager no longer assigned to case. Reassigned pursuant to Judge Dearie's instruction to reassign Judge Trager's civil cases. (Marziliano, August) (Entered: 01/28/2011) 02/02/2011 ORDER. Counsel are hereby directed to apprise the Court of the status of the Delaware action on or before February 5, (Morris, Brian) (Entered: 02/02/2011) 02/03/ Letter to update the Court on the status of the shareholder class action litigation against Denbury previously pending in Delaware Court of Chancery by Denbury Resources Inc. (Farley, Ryan) (Entered: 02/03/2011) 02/04/ Letter by Eli Bensinger (Attachments: # 1 Exhibit Chancellor Ruling) (Weiss, Joseph) (Entered: 02/04/2011) 1 02/07/2011 ORDER LIFTING STAY. The previously ordered stay 15 is hereby lifted. If defendant intends to file a motion to dismiss, defendant is hereby directed to file a pre-motion conference letter on or before February 14, In the event that no motion will be filed, defendant should notify the Court and an initial conference will be scheduled. Ordered by Judge John Gleeson on 2/7/2011. (Morris, Brian) (Entered: 02/07/2011) 02/14/ Letter in response to the Court's February 7, 2011 Order lifting the stay and directing Denbury to file a pre-motion conference letter, by Denbury Resources Inc. (Attachments: # 1 May 7, 2010 Letter to Judge Trager, # 2 May 21, 2010 Letter to Judge Trager, # 3 June 8, 2010 Letter to Judge Trager) (Kosack, Melissa) (Entered: 02/14/2011) 02/18/ Letter in response to Denbury's pre-motion conference letter by Eli Bensinger (Weiss, Joseph) (Entered: 02/18/2011)

6 02/22/2011 SCHEDULING ORDER: Upon review of the parties' submissions and having determined that no pre-motion conference will be necessary, it is hereby ordered that submission of the parties' motion papers with respect to defendant's motion to dismiss will proceed according to the following schedule: 's opening brief due 3/8/11, plaintiff's response due 3/22/11, and defendant's reply due 3/29/11. Oral argument on the motion to dismiss is scheduled for 4/8/11 at 11:00 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 2/22/2011. (Morris, Brian) (Entered: 02/22/2011) 02/24/ NOTICE of Appearance by Melissa Lori Kosack on behalf of Denbury Resources Inc. (aty to be noticed) (Kosack, Melissa) (Entered: 02/24/2011) 02/25/ /25/ /28/ Letter MOTION for Extension of Time to File the motion to dismiss, on consent by Denbury Resources Inc.. (Kosack, Melissa) (Entered: 02/25/2011) 22 NOTICE of Appearance by Mark Kornfeld on behalf of Denbury Resources Inc. (aty to be noticed) (Kornfeld, Mark) (Entered: 02/25/2011) ORDER granting 21 Motion for Extension of Time to File; SCHEDULING ORDER: The parties have consented to the following briefing schedule: 's opening brief due 3/15/11, plaintiff's response due 3/29/11, and defendant's reply due 4/6/11. Oral argument on the motion to dismiss remains scheduled for 4/8/11 at 11:00 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 2/28/2011. (Morris, Brian) (Entered: 02/28/2011) 02/28/ NOTICE of Appearance by Kathryn Michelle Heim on behalf of Denbury Resources Inc. (aty to be noticed) (Heim, Kathryn) (Entered: 02/28/2011) 03/15/ /15/ /15/ MOTION to Dismiss by Denbury Resources Inc.. (Heim, Kathryn) (Entered: 03/15/2011) 25 MEMORANDUM in Support re 24 MOTION to Dismiss filed by Denbury Resources Inc.. (Heim, Kathryn) (Entered: 03/15/2011) 26 AFFIDAVIT/DECLARATION in Support re 24 MOTION to Dismiss filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A to the Heim Declaration, # 2 Exhibit B to the Heim Declaration, # 3 Exhibit C-1 to the Heim Declaration, # 4 Exhibit C-2 to the Heim Declaration, # 5 Exhibit C-3 to the Heim Declaration, # 6 Exhibit C-4 to the Heim Declaration, # 7 Exhibit C-5 to the Heim Declaration, # 8 Exhibit D to the Heim Declaration, # 9 Exhibit E to the Heim Declaration, # 10 Exhibit F to the Heim Declaration, # 11 Exhibit G to the Heim Declaration, # 12 Exhibit H-1 to the Heim Declaration, # 13 Exhibit H-2 to the Heim Declaration, # 14 Exhibit H-3 to the Heim Declaration, # 15 Exhibit H-4 to the Heim Declaration, # 16 Exhibit H-5 to the Heim Declaration, # 17 Exhibit I to the Heim Declaration, # 18 Exhibit J-1 to the Heim Declaration, # 19 Exhibit J-2 to the Heim Declaration, # 20 Exhibit J-3 to the Heim Declaration, # 21 Exhibit J-4 to the Heim Declaration, # 22 Exhibit J-5 to the Heim Declaration) (Heim, Kathryn) (Entered: 03/15/2011) 03/15/ Corporate Disclosure Statement by Denbury Resources Inc. (Heim, Kathryn) (Entered: 03/15/2011) 03/29/ NOTICE of Change of firm address by Joseph Harry Weiss (Weiss, Joseph) (Entered: 03/29/2011) 03/29/ MEMORANDUM in Opposition re 24 MOTION to Dismiss filed by Eli Bensinger.

7 I (Weiss, Joseph) (Entered: 03/29/2011) 03/29/ AFFIDAVIT/DECLARATION in Opposition re 24 MOTION to Dismiss filed by Eli Bensinger. (Attachments: # 1 Exhibit A) (Weiss, Joseph) (Entered: 03/29/2011) 04/06/ REPLY in Support of Denbury Resources Inc's Motion to Dismiss filed by Denbury Resources Inc.. (Attachments: # 1 Appendix Unpublished Cases Cited in Denbury Resources Inc's Reply to Plaintiff's Memorandum in Opposition To 's Motion To Dismiss) (Heim, Kathryn) (Entered: 04/06/2011) 04/08/ Minute Entry for proceedings held before Judge John Gleeson:Motion Hearing held on 4/8/2011 re 24 MOTION to Dismiss filed by Denbury Resources Inc. Oral Argument heard. Decision reserved. (Piper, Francine) (Entered: 04/12/2011) 08/17/ ORDER denying 24 Motion to Dismiss: For the reasons stated in the attached memorandum and order, the motion to dismiss, 24, is DENIED. Ordered by Judge John Gleeson on 8/17/2011. (Glaser, Miriam) (Entered: 08/17/2011) 08/22/2011 SCHEDULING ORDER: An initial conference will be held in this case on September 21, 2011 at 11:00 a.m. before Viktor V. Pohorelsky, United States Magistrate Judge in Courtroom 13A of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All parties are directed to make the disclosures required by Rules 26(a)(1) of the Federal Rules of Civil Procedure no later than five days before the conference. All counsel are required to attend, and plaintiffs counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/22/2011. (Newton, Joan) (Entered: 08/22/2011) 08/26/ MOTION for Extension of Time to File Answer and an extension of time to meet and confer by Denbury Resources Inc.. (Kornfeld, Mark) (Entered: 08/26/2011) 08/26/2011 ORDER granting 34 Motion for extension of Time to Answer to 9/9/2011, and for extension of time to meet and confer to 9/12/2011. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/26/2011. (Somekh, Sogol) (Entered: 08/26/2011) 09/09/ ANSWER to 12 Amended Complaint by Denbury Resources Inc.. (Heim, Kathryn) (Entered: 09/09/2011) 09/21/ NOTICE of Appearance by David Corey Katz on behalf of Eli Bensinger (aty to be noticed) (Katz, David) (Entered: 09/21/2011) 09/21/ MINUTE ENTRY for initial scheduling conference held on 9/22/11 before Magistrate Judge Viktor V. Pohorelsky: A status conference will be held by telephone on December 15, 2011 at 2:30 p.m., to be initiated by counsel for the plaintiff (Chambers: ). Scheduling order entered (Newton, Joan) (Entered: 09/21/2011) 09/26/ MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number by Denbury Resources Inc.. (Attachments: # 1 Affidavit of Jerry R. Linscott in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order Granting Admission of Jerry R. Linscott Pro Hac Vice) (Linscott, Jerry) (Entered: 09/26/2011) 09/29/2011 ORDER granting 38 motion for Jerry R. Linscott to appear pro hac vice. Counsel shall

8 register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/29/2011. (Toritto, Jim) (Entered: 09/29/2011) 10/04/ NOTICE of Appearance by Jerry R. Linscott on behalf of Denbury Resources Inc. (notification declined or already on case) (Linscott, Jerry) (Entered: 10/04/2011) 12/01/ Letter MOTION to Compel production of documents by Eli Bensinger. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Weiss, Joseph) (Entered: 12/01/2011) 12/07/ NOTICE of Appearance by Jessie Morgan Gabriel on behalf of Denbury Resources Inc. (aty to be noticed) (Gabriel, Jessie) (Entered: 12/07/2011) 12/07/ NOTICE of Appearance by Sarah Jane Tien Cam Truong on behalf of Denbury Resources Inc. (aty to be noticed) (Truong, Sarah Jane) (Entered: 12/07/2011) 12/08/ RESPONSE in Opposition re 40 Letter MOTION to Compel production of documents filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A) (Gabriel, Jessie) (Entered: 12/08/2011) 12/09/ MOTION to Certify Class and Appointment of Class Representative and Class Counsel by Eli Bensinger. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Proposed Order) (Weiss, Joseph) (Entered: 12/09/2011) 12/09/ Letter MOTION for Judgment on the Pleadings Request for Permission to File by Eli Bensinger. (Weiss, Joseph) (Entered: 12/09/2011) 12/13/2011 ORDER granting 45 Request to File Motion for Judgment on the Pleadings: If plaintiff wishes to file a motion for judgment on the pleadings, he is ordered to do so by 1/13/2012. is ordered to submit his opposition by 2/10/2012 and plaintiff must submit his reply by 2/24/2012. Oral argument will be held on the motion at 10:30 AM on 3/9/2012 in Courtroom 6C South before Judge Gleeson. The same briefing schedule applies for plaintiff's 44 motion for class certification and appointment of class representative and class counsel: is ordered to submit his opposition by 2/10/2012, plaintiff must submit his reply by 2/24/2012, and oral argument will be held at 10:30 AM on 3/9/2012. Ordered by Judge John Gleeson on 12/13/2011. (Sheketoff, Julia) (Entered: 12/13/2011) 12/16/ MINUTE ORDER for telephone status & discovery hearing held on 12/15/11 before Magistrate Judge Viktor V. Pohorelsky: denying in part and deferred in part 40 Motion to Compel. The next conference will be held on March 9, 2012 immediately following the proceedings before the district judge. See annexed conference calendar miinutes for details. (Newton, Joan) (Entered: 12/16/2011) 12/16/ Letter in response to plaintiff's letter requesting leave to file a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) by Denbury Resources Inc. (Attachments: # 1 Exhibit A) (Gabriel, Jessie) (Entered: 12/16/2011) 12/19/2011 ORDER re 47 Letter filed by Denbury Resources Inc.: The Court has reviewed the recent 47 letter filed by Denbury Resources and has considered the issues raised therein. However, the Court adheres to its original decision and the briefing schedule set forth in its 12/13/2011 Order remains in place. Ordered by Judge John Gleeson on 12/19/2011. (Sheketoff, Julia) (Entered: 12/19/2011)

9 01/13/ MOTION for Judgment on the Pleadings by Eli Bensinger. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A Proxy, # 4 Exhibit A Proxy - 2, # 5 Exhibit A Proxy - 3, # 6 Exhibit B - Transcript of Hearing , # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K Osofsky SEC Br) (Weiss, Joseph) (Entered: 01/13/2012) 02/01/ Letter MOTION to Compel Privilege Log Documents by Eli Bensinger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Weiss, Joseph) (Entered: 02/01/2012) 02/02/2012 SET DEADLINE: Any response to the plaintiff's 49 motion to compel is due by 2/8/12. It is respectfully requested that the plaintiff provide the court forthwith a courtesy copy of the moving papers. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/2/2012. (Toritto, Jim) (Entered: 02/02/2012) 02/02/ Letter MOTION for Discovery Scheduling Order by Eli Bensinger. (Attachments: # 1 Exhibit A) (Weiss, Joseph) (Entered: 02/02/2012) 02/02/ Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger by Denbury Resources Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Gabriel, Jessie) (Entered: 02/02/2012) 02/02/ Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger - Continuation of Exhibits C to K by Denbury Resources Inc.. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K) (Gabriel, Jessie) (Entered: 02/02/2012) 02/03/ /03/2012 Motions terminated, docketed incorrectly: 52 Letter MOTION to Compel. The filing is part of motion 51 which remains pending. (Toritto, Jim) (Entered: 02/03/2012) Motions terminated, docketed incorrectly: 52 Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger - Continuation of Exhibits C to K filed by Denbury Resources Inc.. (This Document Is Not A Motion These are Exhibits to the Motion to Compel) (Piper, Francine) (Entered: 02/03/2012) 02/03/2012 SET DEADLINE: Any response to the plaintiff's 50 motion or the defendant's 51 motion is due by February 9, Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/3/2012. (Toritto, Jim) (Entered: 02/03/2012) 02/08/ RESPONSE in Opposition re 49 Letter MOTION to Compel Privilege Log Documents filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A) (Gabriel, Jessie) (Entered: 02/08/2012) 02/08/ Letter MOTION for Extension of Time to Amend the pleadings by Eli Bensinger. (Attachments: # 1 Exhibit A) (Weiss, Joseph) (Entered: 02/08/2012) 02/09/2012 SET DEADLINE: Any response to the plaintiff's 54 motion for an extension of time to amend is due by February 15, Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/9/2012. (Toritto, Jim) (Entered: 02/09/2012) 02/09/ RESPONSE in Opposition re 50 Letter MOTION for Discovery Scheduling Order filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C,

10 # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Gabriel, Jessie) (Entered: 02/09/2012) 02/09/ RESPONSE in Opposition re 51 Letter MOTION to Compel production of documents and testimony being improperly withheld by Plaintiff Eli Bensinger filed by Eli Bensinger. (Attachments: # 1 Exhibit A) (Weiss, Joseph) (Entered: 02/09/2012) 02/10/ MEMORANDUM in Opposition re 44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Denbury Resources Inc.. (Linscott, Jerry) (Entered: 02/10/2012) 02/10/ AFFIDAVIT/DECLARATION in Opposition re 44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7-1, # 8 Exhibit 7-2, # 9 Exhibit 7-3, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10) (Linscott, Jerry) (Entered: 02/10/2012) 02/10/ MEMORANDUM in Opposition re 48 MOTION for Judgment on the Pleadings filed by Denbury Resources Inc.. (Gabriel, Jessie) (Entered: 02/10/2012) 02/10/ AFFIDAVIT/DECLARATION in Opposition re 48 MOTION for Judgment on the Pleadings filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3-1, # 4 Exhibit 3-2, # 5 Exhibit 4, # 6 Exhibit 5-1, # 7 Exhibit 5-2, # 8 Exhibit 5-3, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15) (Gabriel, Jessie) (Entered: 02/10/2012) - 02/15/ RESPONSE in Opposition re 54 Letter MOTION for Extension of Time to Amend the pleadings filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Gabriel, Jessie) (Entered: 02/15/2012) 02/17/2012 SCHEDULING ORDER: re 48 MOTION for Judgment on the Pleadings filed by Eli Bensinger, 44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger: Oral argument on the 44 Motion for Judgment on the Pleadings and 48 Motion to Certify a Class is adjourned to 3/16/2012 at 3:00 PM. Ordered by Judge John Gleeson on 2/17/2012. (Sheketoff, Julia) (Entered: 02/17/2012) 02/24/ REPLY in Support re 44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger. (Attachments: # 1 Affidavit in Support, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B, # 6 Exhibit C-1, # 7 Exhibit C-2, # 8 Exhibit C-3, # 9 Exhibit D, # 10 Exhibit E) (Weiss, Joseph) (Entered: 02/24/2012) 02/24/ REPLY in Support re 48 MOTION for Judgment on the Pleadings filed by Eli Bensinger. (Attachments: # 1 Affidavit in Support, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B, # 6 Exhibit C-1, # 7 Exhibit C-2, # 8 Exhibit C-3, # 9 Exhibit D, # 10 Exhibit E) (Weiss, Joseph) (Entered: 02/24/2012) 03/06/ Letter MOTION to Adjourn Conference and request to reschedule status/discovery conference by Eli Bensinger. (Smilow, Mark) (Entered: 03/06/2012) 03/07/2012 ORDER granting 64 Motion to Adjourn Conference. The 3/9/12 conference is adjourned sine die. All counsel are to report to Courtroom 13A on 3/16/12 immediately following the proceedings before the district judge for a brief status conference with the magistrate judge.. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/7/

11 I (Newton, Joan) (Entered: 03/07/2012) 03/12/2012 SCHEDULING ORDER re 48 MOTION for Judgment on the Pleadings filed by Eli Bensinger, 44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger: Oral argument on the 44 Motion for Judgment on the Pleadings and 48 Motion to Certify a Class is adjourned to 10:00 AM on 3/23/2012. Ordered by Judge John Gleeson on 3/12/2012. (Sheketoff, Julia) (Entered: 03/12/2012) 03/13/2012 SCHEDULING ORDER: The 3/16/12 conference is adjourned until Friday, March 23, 2012 immediately following the oral argument before Judge Gleeson. The outstanding discovery motions will be addressed at the conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/13/2012. (Toritto, Jim) (Entered: 03/13/2012) 03/23/ /23/ Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by Joseph H. Weiss, Esq.; David C. Katz, Esq.; Max Fuchs, Esq.; and Joshua M. Rubin., Esq. Defedants represented by Mark Kornfeld, Esq.; Jerry R. Linscott, Esq.; Jessie M. Gabriel, Esq.; and Sarah Jane T.C. Truong, Esq. Oral Arguments held on 3/23/2012 re 48 MOTION for Judgment on the Pleadings filed by Eli Bensinger and 44 MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Eli Bensinger. The Court's decision is reserved and will be filed via ECF separately. (Court Reporter Holly Driscoll.) (Lee, Ilene) (Entered: 03/23/2012) MINUTE ORDER for discovery hearing held on 3/23/12 before Magistrate Judge Viktor V. Pohorelsky: denying in part 49 Motion to Compel; denying 50 Motion for Discovery; granting in part and denying in part 51 Motion to Compel; granting in part and denying in part 54 Motion for Extension of Time to Amend. A conference will be held by telephone on May 4, 2012 at 4:00 p.m., to be initiated by counsel for the plaintiff. See annexed calendar minutes for detailed scheduling and rulings. (Newton, Joan) (Entered: 03/23/2012) 03/30/ Letter MOTION for pre motion conference re 65 Order on Motion to Compel, Order on Motion for Discovery,, Order on Motion for Extension of Time to Amend, Discovery I Hearing,,,,,,,,,, by Eli Bensinger. (Weiss, Joseph) (Entered: 03/30/2012) 03/30/ REPLY in Support (Letter Sur-Reply) to Motion to Compel Production of Documents Withheld for Attorney Privilege - Dkt. #49 filed by Eli Bensinger. (Katz, David) (Entered: 03/30/2012) 04/03/2012 ORDER denying 66 Motion for Pre Motion Conference: In light of the pending motions for class certification and judgment on the pleadings, the Court finds it imprudent at this time to schedule a premotion conference concerning the amendment of the pleadings or the joinder of additional parties or to consider the timeliness of a request for such a conference. If necessary, plaintiff may raise these issues after decision on the pending motions. Ordered by Judge John Gleeson on 4/3/2012. (Sheketoff, Julia) (Entered: 04/03/2012) 04/04/ Letter MOTION for Extension of Time to Complete Discovery by Eli Bensinger. (Attachments: # 1 Exhibit A) (Katz, David) (Entered: 04/04/2012) 04/05/2012 ORDER granting 68 motion for an extension of time until 5/23/12 to complete discovery. The proposed revised scheduling order is approved. The 5/4/12 Telephone Conference is adjourned until Friday, June 1, 2012 at 3:15 p.m. Any further requests to

12 extend the discovery deadline must by accompanied by an explanation of what discovery remains and why it could not have been obtained earlier. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/5/2012. (Toritto, Jim) (Entered: 04/05/2012) 04/06/ RESPONSE in Opposition re 66 Letter MOTION for pre motion conference re 65 Order on Motion to Compel, Order on Motion for Discovery,, Order on Motion for Extension of Time to Amend, Discovery Hearing,,,,,,,,,, filed by Denbury Resources Inc.. (Truong, Sarah Jane) (Entered: 04/06/2012) 05/03/ Letter presenting newly discovered documentary evidence in further support of previously filed motion to compel the production of privilege log documents (Dkts. No. 49 and 65) by Eli Bensinger (Attachments: # 1 Exhibit) (Katz, David) (Entered: 05/03/2012) 05/04/2012 SET DEADLINE: Any response to the plaintiff's 5/3/12 letter 70 is due by May 10, Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/4/2012. (Toritto, Jim) (Entered: 05/04/2012) 05/04/ RESPONSE in Opposition re 49 Letter MOTION to Compel Privilege Log Documents filed by Denbury Resources Inc.. (Attachments: # 1 Exhibit A) (Truong, Sarah Jane) (Entered: 05/04/2012) 05/04/ NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 23, 2012, before Judge Gleeson. Court Reporter/Transcriber H. Driscoll, Telephone number (718) address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/25/2012. Redacted Transcript Deadline set for 6/4/2012. Release of Transcript Restriction set for 8/2/2012. (Driscoll, Holly) (Entered: 05/04/2012) 05/14/ Emergency MOTION for Discovery For An Immediate Protective Order Restraining Denbury Resources, Inc. From Taking The Deposition of Non-Party Herb Kurlan Until Plaintiff And His Counsel Are Given A Meaningful Opportunity To Review The Documents Produced To Denbury By V-Trader by Eli Bensinger. (Attachments: # 1 Exhibit A ( s of April 17, 2012)) (Smilow, Mark) (Entered: 05/14/2012) 05/15/ Letter Withdrawing Without Prejudice Emergency Application Filed on May 14, 2012 Dkt. No. 73 by Eli Bensinger (Katz, David) (Entered: 05/15/2012) 05/15/2012 ORDER withdrawing 73 Motion for Discovery. Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/15/2012. (Toritto, Jim) (Entered: 05/15/2012) 05/16/ Letter to Magistrate Judge Victor Pohorelsky- Re: 's Motion to Quash Subpoena by Denbury Resources Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Truong, Sarah Jane) (Entered: 05/16/2012) 05/31/ Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: # 1 (Proposed) Revised Scheduling Order) (Truong, Sarah Jane) (Entered: 05/31/2012) 05/31/ Letter presenting newly taken testimony in further support of previously filed motion to compel the production of privilege log documents (Dkts. No. 49 and 65) by Eli

13 I Bensinger (Attachments: # 1 Exhibit A) (Katz, David) (Entered: 05/31/2012) 06/04/ MINUTE ORDER for telephone conference held on 6/1/12 before Magistrate Judge Viktor V. Pohorelsky: granting 76 Motion for Extension of Time to Complete Discovery. A conference is scheduled for October 5, 2012 at 2:00 p.m., to be initiated by counsel for the plaintiff unless a request for a premotion conference is made by September 30, See annexed calendar minutes for detailed scheduling and rulings. (Newton, Joan) (Entered: 06/04/2012) 06/04/ REVISED SCHEDULING ORDER setting dates for discovery and other pretrial proceedings. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/1/2012. Attachment (Newton, Joan) (Entered: 06/04/2012) 06/08/ Letter in Response to Plaintiff's May 31, 2012 Submission in Support of Their Motion to Compel by Denbury Resources Inc. (Truong, Sarah Jane) (Entered: 06/08/2012) 06/27/ Letter to Magistrate Judge Viktor Pohorelsky re: Order on s' Motion to Quash Subpoena (Dkt. # 75) by Eli Bensinger (Attachments: # 1 Exhibit) (Katz, David) (Entered: 06/27/2012) 07/23/ Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: # 1 (Proposed) Revised Scheduling Order) (Gabriel, Jessie) (Entered: 07/23/2012) 07/25/ OPINION AND ORDER granting in part and denying in part Motion 49 to compel production of documents listed on the defendant's privilege log. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/25/2012. (Pohorelsky, Viktor) (Entered: 07/25/2012) 07/30/2012 ORDER granting 82 motion for an extension of time to complete discovery. The proposed revised scheduling order is approved. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/30/2012. (Toritto, Jim) (Entered: 07/30/2012) 09/07/ NOTICE of Change of Firm Name by Joseph Harry Weiss (Weiss, Joseph) (Entered: 09/07/2012) 09/07/ NOTICE of Change of Firm Name by David Corey Katz (Katz, David) (Entered: 09/07/2012) 09/07/ NOTICE of Change of Firm Name by Mark David Smilow (Smilow, Mark) (Entered: 09/07/2012) 09/07/ NOTICE of Change of Firm Name by Joshua M. Rubin (Rubin, Joshua) (Entered: 09/07/2012) 09/28/ ORDER granting 44 Motion to Certify Class and denying 48 Motion for Judgment on the Pleadings. Ordered by Judge John Gleeson on 9/28/2012. (O'Reilly, Helen) (Entered: 09/28/2012) 10/01/ Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: # 1 Proposed Order Revised Scheduling Order) (Gabriel, Jessie) (Entered: 10/01/2012) 10/09/ MINUTE ORDER for proceedings held before Magistrate Judge Viktor V. Pohorelsky: granting in part 91 Motion for Extension of Time to Complete Discovery. A conference will be held by telephone on February 15, 2013 at 2:00 p.m., to be initiated by counsel

14 for the plaintiff. The conference will be marked off the calendar, however, if a premotion conference has been requested by 2/14/13. See annexed calendar minutes for detailed scheduling and rulings. (Newton, Joan) (Entered: 10/09/2012) 01/18/ Letter MOTION for Extension of Time to Complete Discovery by Denbury Resources Inc.. (Attachments: # 1 Exhibit A - Proposed Scheduling Order) (Gabriel, Jessie) (Entered: 01/18/2013) 01/22/2013 ORDER granting 93 motion for an extension of time to complete discovery. Rule 26(a)(2) disclosures with respect to experts shall be provided by March 29, The deadline for requesting a premotion conference with respect to any proposed dispositive motions is April 11, The 2/15/13 Telephone Conference is adjourned until Friday, April 12, 2013 at 3:00 p.m. The conference will be marked off the calendar, however, if a premotion conference has been requested by the deadline above. In that event, the movant(s) shall advise chambers once the date and time of the premotion conference has been set, and all counsel shall report to Room 1207 immediately after the premotion conference for a brief status conference with the magistrate judge. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/22/2013. (Toritto, Jim) (Entered: 01/22/2013) 02/11/ USCA ORDER - Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district courts order granting Respondents motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Issued as Mandate: 1/31/13. (McGee, Mary Ann) (Entered: 02/11/2013) 02/12/ Docketing Fee of $ paid. Receipt # assigned pursuant to USCA Order filed 2/11/13 granting Respondent's motion for Class Certification. Per USCA, A Notice of Appeal is not required to be filed in the District Court. (McGee, Mary Ann) (Entered: 02/12/2013) 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