U.S. District Court United States District Court for the District of Connecticut (New Haven) CIVIL DOCKET FOR CASE #: 3:09-cv RNC

Transcription

1 US District Court Civil Docket as of 05/05/2011 Retrieved from the court on August 26, 2011 U.S. District Court United States District Court for the District of Connecticut (New Haven) CIVIL DOCKET FOR CASE #: 3:09-cv RNC Pension Fund v. Terex Corp et al Assigned to: Judge Robert N. Chatigny Member cases: 3:10-cv RNC 3:10-cv RNC Cause: No cause code entered Date Filed: 12/21/2009 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question Plaintiff Pension Fund Sheet Metal Workers, Local 32, ind & o/b/o all others similarly situated represented by David J George Robbins Gueller Rudman & Dowd, LLP 120 East Palmetto Park Road Suite 500 Boca Raton, FL Fax: DGeorge@rgrdlaw.com David A. Rosenfeld Robbins Geller Rudman & Dowd LLP-NY 58 South Service Road, Suite 200 Melville, NY Fax: Drosenfeld@rgrdlaw.com David Randell Scott Scott & Scott LLP - CT 156 South Main Street P. O. Box 192 Colchester, CT Fax: drscott@scott-scott.com

2 Jonathan P. Whitcomb Diserio, Martin, O'Connor & Castiglioni One Atlantic St. 8th Floor Stamford, CT x Robert J Robbins Robbins Gueller Rudman & Dowd, LLP-FL 120 East Palmetto Park Road Suite 500 Boca Raton, FL RRobbins@rgrdlaw.com Mary K. Blasy Scott & Scott, LLP-CA 600 B Street, Suite 1500 San Diego, CA mblasy@scott-scott.com Samuel H. Rudman Robbins Geller Rudman & Dowd LLP-NY 58 South Service Road, Suite 200 Melville, NY Fax: srudman@rgrdlaw.com V. Consol Plaintiff James C. Hays Ind & o/b/o himself & all others Similary Situated represented by Jonathan P. Whitcomb Consol Plaintiff

3 Michael Glassman Trustee o/b/o Kathleen & Michael Glassman Family Trust, Ind & o/b/o itself & all others Similarly Situated represented by David Randell Scott Erin Green Comite Scott & Scott LLP - CT 156 South Main Street P. O. Box 192 Colchester, CT Fax: ecomite@scott-scott.com Joseph P. Guglielmo Scott & Scott-NY 500 Fifth Avenue, 40th Floor New York, NY Fax: jguglielmo@scott-scott.com Mary K. Blasy V. Defendant Terex Corp represented by Adam R. Adler Fried, Frank, Harris, Shriver & Jacobson - NY One New York Plaza 25th Floor New York, NY adam.adler@friedfrank.com Alexander D. Pencu Robinson & Cole - Stmfd, CT Financial Center 695 E. Main St., PO Box 10305

4 Stamford, CT Fax: TERMINATED: 04/19/2010 Brian E. Moran Robinson & Cole LLP, Stamford 1055 Washington Boulevard 9th Floor Stamford, CT Fax: David B. Hennes Fried, Frank, Harris, Shriver & Jacobson - NY One New York Plaza 25th Floor New York, NY david.hennes@friedfrank.com Margaret E Hirce Fried, Frank, Harris, Shriver & Jacobson - NY One New York Plaza 25th Floor New York, NY margaret.hirce@friedfrank.com Nathan Zezula Robinson & Cole LLP, Stamford 1055 Washington Boulevard Stamford, CT Fax: nzezula@rc.com

5 William G. McGuinness Fried, Frank, Harris, Shriver & Jacobson One New York Plaza 25Th Floor New York, NY Defendant Ronald M. DeFeo represented by Adam R. Adler Alexander D. Pencu TERMINATED: 04/19/2010 Brian E. Moran David B. Hennes Margaret E Hirce Nathan Zezula William G. McGuinness

6 Defendant Philip Widman represented by Adam R. Adler Alexander D. Pencu TERMINATED: 04/19/2010 Brian E. Moran David B. Hennes Margaret E Hirce Nathan Zezula William G. McGuinness Defendant Thomas J. Riordan represented by Adam R. Adler

7 Alexander D. Pencu TERMINATED: 04/19/2010 Brian E. Moran David B. Hennes Margaret E Hirce Nathan Zezula William G. McGuinness Defendant Tim Ford represented by Brian E. Moran Margaret E Hirce David B. Hennes Defendant Jonathan D. Carter represented by Brian E. Moran

8 Margaret E Hirce David B. Hennes Movant Ironworkers St. Louis District Council Pension Fund represented by David J George Jonathan P. Whitcomb Robert J Robbins Samuel H. Rudman Movant Public Retirement Systems represented by Erin Green Comite Joseph P. Guglielmo Mary K. Blasy

9 Date Filed # Docket Text 12/21/ COMPLAINT against Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan (Filing fee $350, receipt number B019021), filed by Pension Fund. (Attachments: # 1 Certification of Named Plaintiff)(Heard, J.) (Entered: 12/23/2009) 12/21/ Order on Pretrial Deadlines: Amended Pleadings due by 2/19/2010. Discovery due by 6/22/2010. Signed by Clerk on 12/21/2009. (Heard, J.) (Entered: 12/23/2009) 12/21/ ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Robert N. Chatigny on 12/21/2009. (Heard, J.) (Additional attachment(s) added on 12/23/2009: # 1 Notice re: Electronic Filing) (Heard, J.). (Entered: 12/23/2009) 12/22/2009 Summons Issued as to Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan. (Heard, J.) (Entered: 12/23/2009) 12/23/ Docket Entry Correction re 3 Electronic Filing Order. MODIFIED TO ADD NOTICE REGARDING ELECTRONIC FILING. (Heard, J.) (Entered: 12/23/2009) 12/30/ SUMMONS Returned Executed by Pension Fund. Terex Corp served on 12/28/2009, answer due 1/18/2010. (Whitcomb, Jonathan) (Entered: 12/30/2009) 12/30/ SUMMONS Returned Executed by Pension Fund. Ronald M. DeFeo served on 12/28/2009, answer due 1/18/2010. (Whitcomb, Jonathan) (Entered: 12/30/2009) 12/30/ SUMMONS Returned Executed by Pension Fund. Philip Widman served on 12/28/2009, answer due 1/18/2010. (Whitcomb, Jonathan) (Entered: 12/30/2009) 12/30/ SUMMONS Returned Executed by Pension Fund. Thomas J. Riordan served on 12/28/2009, answer due 1/18/2010. (Whitcomb, Jonathan) (Entered: 12/30/2009) 01/14/ NOTICE of Appearance by Brian E. Moran on behalf of Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan (Moran, Brian) (Entered: 01/14/2010) 01/14/ NOTICE of Appearance by Alexander D. Pencu on behalf of Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan (Pencu, Alexander) (Entered: 01/14/2010) 01/14/ STIPULATION re 1 Complaint by Pension Fund, Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan. (Moran, Brian) (Entered: 01/14/2010) 01/20/ ORDER re 11 Stipulation filed by Philip Widman, Terex Corp, Thomas J. Riordan, Ronald M. DeFeo, Pension Fund. Approved. So ordered.. Signed by Judge Robert N. Chatigny on 1/19/2010.

10 (Montgomery, A.) (Entered: 01/20/2010) 01/25/ MOTION for Leave to Appear Pro Hac Vice, Attorney William G. McGuinness. Filing Fee $ Receipt Number N by Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan. (Montgomery, A.) (Entered: 01/28/2010) 01/25/ MOTION for Leave to Appear Pro Hac Vice, Attorney David B. Hennes. Filing Fee $ Receipt Number N by Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan. (Montgomery, A.) (Entered: 01/28/2010) 01/25/ MOTION for Leave to Appear Pro Hac Vice, Attorney Adam R. Adler. Filing Fee $ Receipt Number N by Terex Corp, Ronald M. DeFeo, Philip Widman, Thomas J. Riordan. (Montgomery, A.) (Entered: 01/28/2010) 01/27/ ORDER granting 15 Motion for Attorney David B. Hennes to Appear Pro Hac Vice. Signed by Clerk on 1/28/2010. (Montgomery, A.) (Entered: 01/28/2010) 01/28/ ORDER granting 13 Motion for Attorney William G. McGuinness to Appear Pro Hac Vice for Terex Corp, Ronald M. DeFeo, Philip Widman and Thomas J. Riordan added. Signed by Clerk on 1/28/2010. (Montgomery, A.) (Entered: 01/28/2010) 01/28/ ORDER granting 17 Motion for Attorney Adam R. Adler to Appear Pro Hac Vice. Signed by Clerk on 1.28/2010. (Montgomery, A.) (Entered: 01/28/2010) 02/18/ NOTICE of Appearance by Adam R. Adler on behalf of Ronald M. DeFeo, Thomas J. Riordan, Terex Corp, Philip Widman (Houatchanthara, M.) (Entered: 03/03/2010) 02/18/ NOTICE of Appearance by David B. Hennes on behalf of Ronald M. DeFeo, Thomas J. Riordan, Terex Corp, Philip Widman (Houatchanthara, M.) (Entered: 03/03/2010) 02/18/ NOTICE of Appearance by William G. McGuinness on behalf of Ronald M. DeFeo, Thomas J. Riordan, Terex Corp, Philip Widman (Houatchanthara, M.) (Entered: 03/03/2010) 02/19/ MOTION to Consolidate Cases. Case to be consolidated with 3:10- cv-00070, 3:10-cv (Responses due by 3/12/2010, ), MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Ironworkers St. Louis District Council Pension Fund, Pension Fund. (Attachments: # 1 Text of Proposed Order Consolidating The Actions, Appointing Lead Plaintiffs and Approving Selection of Lead and Liaison Counsel, # 2 Memorandum in Support of Motion for Consolidation, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, # 3 Affidavit, # 4 Exhibit A to Declaration, # 5 Exhibit B to Declaration, # 6 Exhibit C to Declaration, # 7 Exhibit D to Declaration, # 8 Exhibit E to Declaration)(Whitcomb, Jonathan)

11 (Entered: 02/19/2010) 02/19/ MOTION to Appoint Counsel Scott + Scott LLP, MOTION to Consolidate Cases. Case to be consolidated with and (Responses due by 3/12/2010, ) by Public Retirement Systems. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Affidavit Joseph P. Guglielmo, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Affidavit of Service)(Guglielmo, Joseph) (Entered: 02/19/2010) 02/22/ EXHIBIT C to Guglielmo Decl. by Public Retirement Systems re 20 MOTION to Appoint Counsel Scott + Scott LLP MOTION to Consolidate Cases. Case to be consolidated with and MOTION to Appoint Counsel Scott + Scott LLP. (Guglielmo, Joseph) (Entered: 02/22/2010) 03/09/ NOTICE of Appearance by David Randell Scott on behalf of Public Retirement Systems (Movant) (Scott, David) (Entered: 03/09/2010) 03/09/ MOTION for Leave to Appear Pro Hac Vice, Attorney Mary K. Blasy. Filing Fee $ Receipt Number H by Pension Fund. (Montgomery, A.) (Entered: 03/10/2010) 03/09/ ORDER granting 26 Motion for Mary K. Blasy to Appear Pro Hac Vice. Signed by Clerk on 3/10/2010. (Montgomery, A.) (Entered: 03/10/2010) 03/12/ NOTICE of Appearance by Mary K. Blasy on behalf of Public Retirement Systems (Blasy, Mary) (Entered: 03/12/2010) 03/12/ Supplemental Memorandum in Support re 19 MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-00070, 3:10-cv MOTION to Appoint Counsel and for Appointment as Lead Plaintiff, 20 MOTION to Appoint Counsel Scott + Scott LLP MOTION to Consolidate Cases. Case to be consolidated with and MOTION to Appoint Counsel Scott + Scott LLP and Memorandum in Opposition to the Motion of New Orleans and Irving filed by Ironworkers St. Louis District Council Pension Fund, Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whitcomb, Jonathan) (Entered: 03/12/2010) 03/12/ Memorandum in Opposition the Sheet Metal Workers' and Ironworkers' Joint Motion for Appointment as Lead Plaintiffs and Approval of Their Selection of Lead Counsel re 19 MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-00070, 3:10-cv MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Public Retirement Systems. (Attachments: # 1 Affidavit of Mary K. Blasy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Blasy, Mary) (Entered: 03/12/2010) 03/15/ CORRECTED Memorandum in Opposition to the Sheet Metal Workers and Ironworkers Joint Motion for Appointment as Lead

12 Plaintiffs and Approval of Their Selection of Lead Counsel re 19 MOTION to Consolidate Cases. Case to be consolidated with 3:10- cv-00070, 3:10-cv MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Public Retirement Systems. (Blasy, Mary) Modified on 3/16/2010 (Blue, A.). (Entered: 03/15/2010) 03/24/ MOTION for Leave to Appear pro hac vice Attorney David A. Rosenfeld, Filing Fee $25.00 Receipt Number N by Pension Fund. (Blue, A.) (Entered: 03/26/2010) 03/26/ ORDER granting 32 Motion to Appear pro hac vice Attorney David A. Rosenfeld for Pension Fund added, Signed by Clerk on 3/26/2010. (Blue, A.) (Entered: 03/26/2010) 03/26/ REPLY to Response to 20 MOTION to Appoint Counsel Scott + Scott LLP MOTION to Consolidate Cases. Case to be consolidated with and MOTION to Appoint Counsel Scott + Scott LLP filed by Public Retirement Systems. (Attachments: # 1 Addendum to Certification, # 2 Second Declaration of Mary K. Blasy, # 3 Exhibit A to Blasy Decl.)(Blasy, Mary) (Entered: 03/26/2010) 03/29/ REPLY to Response to 19 MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-00070, 3:10-cv MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Ironworkers St. Louis District Council Pension Fund. (Attachments: # 1 Exhibit A - Joint Declaration, # 2 Exhibit B - Ironworkers' LIFO Loss, # 3 Exhibit C - Amended SMW Certification)(Rosenfeld, David). (Entered: 03/29/2010) 04/05/ MOTION to Strike Private Pension Funds' Untimely Evidentiary Submission and for Leave to File Sur-Reply by Public Retirement Systems.Responses due by 4/26/2010 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Blasy, Mary) (Entered: 04/05/2010) 04/07/ MOTION for Leave to File Sur-Reply by Public Retirement Systems. (Blue, A.) (Entered: 04/07/2010) 04/13/ NOTICE of Appearance by Erin Green Comite on behalf of Public Retirement Systems (Comite, Erin) (Entered: 04/13/2010) 04/16/ MOTION for Alexander D. Pencu to Withdraw as Attorney by Ronald M. DeFeo, Thomas J. Riordan, Terex Corp, Philip Widman. (Pencu, Alexander) (Entered: 04/16/2010) 04/16/ NOTICE of Appearance by Nathan Zezula on behalf of Ronald M. DeFeo, Thomas J. Riordan, Terex Corp, Philip Widman (Zezula, Nathan) (Entered: 04/16/2010) 04/19/ ORDER granting 39 Motion to Withdraw as Attorney. Attorney Alexander D. Pencu terminated. Signed by Judge Robert N. Chatigny on 4/19/10. (Macare, L.) (Entered: 04/19/2010)

13 04/26/ Memorandum in Opposition re 37 MOTION for Leave to File, 36 MOTION to Strike Private Pension Funds' Untimely Evidentiary Submission and for Leave to File Sur-Reply filed by Ironworkers St. Louis District Council Pension Fund, Pension Fund. (Rosenfeld, David). (Entered: 04/26/2010) 05/10/ REPLY to Response to 37 MOTION for Leave to File, 36 MOTION to Strike Private Pension Funds' Untimely Evidentiary Submission and for Leave to File Sur-Reply filed by Public Retirement Systems. (Attachments: # 1 Affidavit Mary K. Blasy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Blasy, Mary). (Entered: 05/10/2010) 08/23/2010 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Telephone hearing set for 8/26/ :00 PM before Judge Robert N. Chatigny regarding the motion to consolidate 19 and motion to appoint counsel 20. (Macare, L.) (Entered: 08/23/2010) 08/26/ Minute Entry. Proceedings held before Judge Robert N. Chatigny: denying 36 Motion to Strike ; granting 37 Motion for Leave to File; granting 19 Motion to Consolidate Cases; taking under advisement 19 Motion to Appoint Counsel ; taking under advisement 20 Motion to Appoint Counsel ; granting 20 Motion to Consolidate Cases; Miscellaneous Hearing held on 8/26/2010; (Telephone Conference Hearing set for 9/13/ :00 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Robert N. Chatigny); 15 minutes(court Reporter D. Warner.) (Blue, A.) (Entered: 08/31/2010) 08/27/ NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Telephone Hearing set for 9/13/ :00 AM before Judge Robert N. Chatigny regarding the motion to consolidate 19 and the motion to appoint counsel 20. (Macare, L.) (Entered: 08/27/2010) 09/01/ NOTICE of Consolidation, Signed by Clerk on 9/1/2010. (Blue, A.) (Entered: 09/01/2010) 09/02/ Supplemental Memorandum in Support re 20 MOTION to Appoint Counsel Scott + Scott LLP MOTION to Consolidate Cases. Case to be consolidated with and MOTION to Appoint Counsel Scott + Scott LLP filed by Public Retirement Systems. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Blasy, Mary). (Entered: 09/02/2010) 09/09/ Supplemental Memorandum in Support re 19 MOTION to Consolidate Cases. Case to be consolidated with 3:10-cv-00070, 3:10-cv MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Ironworkers St. Louis District Council Pension Fund. (Attachments: # 1 Exhibit A)(Rosenfeld, David). (Entered: 09/09/2010) 09/13/ Minute Entry for proceedings held before Judge Robert N. Chatigny: telephone Conference held on 9/13/

14 minutes(court Reporter Warner, Darlene.) (Glynn, T.) (Entered: 09/13/2010) 09/13/ The joint motion of the Sheet Metal Workers Pension Fund and the Ironworkers Pension Fund for appointment as lead plaintiff 19 is granted in full and the joint motion of the Public Retirement Systems for appointment as lead plaintiff 20 is denied. Signed by Judge Robert N. Chatigny on 9/13/10. (Glynn, T.) (Entered: 09/13/2010) 11/11/ Amended STIPULATION by Ironworkers St. Louis District Council Pension Fund, Pension Fund. (Whitcomb, Jonathan) (Entered: 11/11/2010) 11/12/ ORDER: The amended stipulation 51 is hereby approved. The amended complaint will be filed no later than November 18, 2010; defendants will file an answer no later than 60 days after the amended complaint is filed and served. COUNSEL ARE HEREBY REMINDED THAT REQUESTS FOR EXTENSIONS OF TIME SHOULD BE FILED IN THE FORM OF A MOTION IN COMPLIANCE WITH LOCAL RULE 7. Signed by Judge Robert N. Chatigny on 11/12/10. (Macare, L.) (Entered: 11/12/2010) 11/12/2010 Set Deadlines/Hearings: Amended Pleadings due by 11/18/2010 (Macare, L.) (Entered: 11/12/2010) 11/17/ MOTION for Leave to Appear pro hac vice Attorney David J. George. Filing Fee $25.00 Receipt Number H032268, by James C. Hays, Ironworkers St. Louis District Council Pension Fund, Pension Fund. (Blue, A.) (Entered: 11/17/2010) 11/17/ MOTION for Leave to Appear pro hac vice Attorney Robert J. Robbins. Filing Fee $25.00 Receipt Number H032269, by James C. Hays, Ironworkers St. Louis District Council Pension Fund, Pension Fund. (Blue, A.) (Entered: 11/17/2010) 11/17/ ORDER granting 53 Motion to Appear pro hac vice Attorney David J. George; granting 54 Motion to Appear pro hac vice Attorney Robert J. Robbins, Signed by Clerk on 11/17/10. (Blue, A.) (Entered: 11/17/2010) 11/18/ "DOCKETED IN ERROR" AMENDED COMPLAINT Consolidated Class Action Complaint for Violations of Securities Laws against Ronald M. DeFeo, Thomas J. Riordan, Terex Corp, Philip Widman, filed by Pension Fund, Ironworkers St. Louis District Council Pension Fund. (Attachments: # 1 Exhibit A)(Rudman, Samuel). Modified on 12/3/2010 (Blue, A.). (Entered: 11/18/2010) 12/03/ AMENDED COMPLAINT Consolidated Class Action Complaint for Violations of Securities Laws (Corrected) against All Defendants, filed by Pension Fund, Ironworkers St. Louis District Council Pension Fund. (Attachments: # 1 Exhibit A)(Rudman, Samuel). (Entered: 12/03/2010)

15 12/03/ Summons Issued as to Jonathan D. Carter, Tim Ford. Counsel receiving this electronic notice should download the attached summons for service in accordance with Fed.R.Civ.P. 4 and LR 4. (Blue, A.) (Entered: 12/03/2010) 01/05/ MOTION for Extension of Time until January 18, 2011 to Respond to the Amended Complaint 57 Amended Complaint by Jonathan D. Carter, Ronald M. DeFeo, Tim Ford, Ironworkers St. Louis District Council Pension Fund, Pension Fund, Thomas J. Riordan, Terex Corp, Philip Widman. (Moran, Brian) (Entered: 01/05/2011) 01/06/ ORDER granting 59 motion. The parties' agreed upon dates are hereby approved. The new defendants will file a response to the amended complaint by January 18, If a motion to dismiss is filed, the plaintiffs will file their response to the motion within sixty days after the motion is filed. The new defendants will file their reply in support of the motion within 45 days after the plaintiffs file their response. So ordered. Signed by Judge Robert N. Chatigny on 1/6/11. (Chatigny, Robert) (Entered: 01/06/2011) 01/07/2011 Answer deadline updated for Jonathan D. Carter to 1/18/2011; Ronald M. DeFeo to 1/18/2011; Tim Ford to 1/18/2011; Ironworkers St. Louis District Council Pension Fund to 1/18/2011; Thomas J. Riordan to 1/18/2011; Terex Corp to 1/18/2011; Philip Widman to 1/18/2011. (Glynn, T.) (Entered: 01/07/2011) 01/13/ MOTION for Leave to File Excess Pages by Jonathan D. Carter, Ronald M. DeFeo, Tim Ford, Thomas J. Riordan, Terex Corp, Philip Widman. (Moran, Brian) (Entered: 01/13/2011) 01/14/2011 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. In court Status Conference set for 5/9/ :00 PM in Courtroom Three, 450 Main St., Hartford, CT before Judge Robert N. Chatigny (Macare, L.) (Entered: 01/14/2011) 01/14/ ORDER granting 61 Motion for Leave to File Excess Pages by defendants in their memorandum in support of motion to dismiss up to 55 pages (exclusive of exhibits); plaintiffs in their opposition up to 55 pages (exclusive of exhibits; and defendants in their reply up to 20 pages (exclusive of exhibits. Signed by Judge Robert N. Chatigny on 1/14/11. (Macare, L.) (Entered: 01/14/2011) 01/18/ MOTION to Dismiss the Consolidated Class Action Complaint by Jonathan D. Carter, Ronald M. DeFeo, Tim Ford, Thomas J. Riordan, Terex Corp, Philip Widman.Responses due by 2/8/2011 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Margaret E. Hirce in Support of the Defendants' Motion to Dismiss the Consolidated Class Action Complaint, # 3 Exhibit 1 to Hirce Declaration, # 4 Exhibit 2 to Hirce Declaration, # 5 Exhibit 3 to Hirce Declaration, # 6 Exhibit 4 to Hirce Declaration, # 7 Exhibit 5

16 (Part A) to Hirce Declaration, # 8 Exhibit 5 (Part B) to Hirce Declaration, # 9 Exhibit 5 (Part C) to Hirce Declaration, # 10 Exhibit 5 (Part D) to Hirce Declaration, # 11 Exhibit 5 (Part E) to Hirce Declaration, # 12 Exhibit 5 (Part F) to Hirce Declaration, # 13 Exhibit 5 (Part G) to Hirce Declaration, # 14 Exhibit 5 (Part H) to Hirce Declaration, # 15 Exhibit 6 to Hirce Declaration, # 16 Exhibit 7 to Hirce Declaration, # 17 Exhibit 8 to Hirce Declaration, # 18 Exhibit 9 to Hirce Declaration, # 19 Exhibit 10 to Hirce Declaration, # 20 Exhibit 11 to Hirce Declaration, # 21 Exhibit 12 to Hirce Declaration, # 22 Exhibit 13 to Hirce Declaration, # 23 Exhibit 14 to Hirce Declaration, # 24 Exhibit 15 to Hirce Declaration, # 25 Exhibit 16 to Hirce Declaration, # 26 Exhibit 17 to Hirce Declaration, # 27 Exhibit 18 to Hirce Declaration, # 28 Exhibit 19 to Hirce Declaration, # 29 Exhibit 20 to Hirce Declaration, # 30 Exhibit 21 to Hirce Declaration, # 31 Exhibit 22 to Hirce Declaration, # 32 Exhibit 23 to Hirce Declaration, # 33 Exhibit 24 to Hirce Declaration, # 34 Exhibit 25 to Hirce Declaration, # 35 Exhibit 26 to Hirce Declaration, # 36 Exhibit 27 to Hirce Declaration, # 37 Exhibit 28 to Hirce Declaration, # 38 Exhibit 29 to Hirce Declaration, # 39 Exhibit 30 to Hirce Declaration, # 40 Exhibit 31 to Hirce Declaration, # 41 Exhibit 32 to Hirce Declaration, # 42 Exhibit 33 to Hirce Declaration, # 43 Exhibit 34 to Hirce Declaration, # 44 Exhibit 35 to Hirce Declaration, # 45 Text of Proposed Order)(Hennes, David). (Entered: 01/18/2011) 01/19/ MOTION for Leave to Appear Pro Hac Vice for Attorney Margaret E. Hirce. Filing Fee $ Receipt Number CTXB by Jonathan D. Carter, Ronald M. DeFeo, Tim Ford, Thomas J. Riordan, Terex Corp, Philip Widman. (Payton, R.) (Entered: 01/19/2011) 01/20/ ORDER granting 64 Motion to Appear pro hac vice Attorney Margaret E. Hirce, Signed by Clerk on 1/20/11. (Blue, A.) (Entered: 01/20/2011) 03/21/ Memorandum in Opposition re 63 MOTION to Dismiss the Consolidated Class Action Complaint filed by Pension Fund. (Rudman, Samuel). (Entered: 03/21/2011) 04/28/ Consent MOTION for Leave to File Excess Pages by Jonathan D. Carter, Ronald M. DeFeo, Tim Ford, Thomas J. Riordan, Terex Corp, Philip Widman. (Attachments: # 1 Text of Proposed Order)(Moran, Brian) (Entered: 04/28/2011) 05/02/ ORDER granting 67 Motion for Leave to File Excess Pages. Signed by Judge Robert N. Chatigny on 5/2/2011. (Macare, L.) (Entered: 05/02/2011) 05/05/ REPLY to Response to 63 MOTION to Dismiss the Consolidated Class Action Complaint filed by Jonathan D. Carter, Ronald M. DeFeo, Tim Ford, Thomas J. Riordan, Terex Corp, Philip Widman. (Hennes, David) (Entered: 05/05/2011)

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