US District Court Civil Docket as of May 5, 2017 Retrieved from the court on May 5, 2017 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:12-cv-05227-R-JEM Khalil Zaghian v. THQ Inc et al Assigned to: Judge Manuel L. Real Referred to: Magistrate Judge John E. McDermott Related Case: 2:12-cv-08182-GAF-JEM Case in other court: 9th Circuit, 15-55335 Cause: 15:78m(a) Securities Exchange Act Plaintiff Khalil Zaghian Individually and on Behalf of All Others Similarly Situated Date Filed: 06/15/2012 Date Terminated: 02/04/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Brian Oliver O'Mara Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: bomara@rgrdlaw.com Darren J Robbins Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: e_file_sd@rgrdlaw.com David C Walton Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: davew@rgrdlaw.com Lionel Zevi Glancy Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160
Email: lglancy@glancylaw.com Mario Alba, Jr Robbins Geller Rudman and Dowd LLP 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: Malba@rgrdlaw.com Samuel H Rudman Robbins Geller Rudman and Dowd LLP 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: srudman@rgrdlaw.com PRO HAC VICE Plaintiff Mike Hernandez represented by Adam M Apton Levi and Korsinsky LLP 1101-30th Street NW Suite 115 Washington, DC 20002 202-524-4290 Fax: 202-333-2121 Email: aapton@zlk.com PRO HAC VICE Adam C McCall Levi and Korsinsky LLP 445 South Figueroa Street 31st Floor Los Angeles, Ca 90071 213-985-7290 Fax: 202-333-2121 Email: amccall@zlk.com Avi N Wagner The Wagner Firm 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-491-7949 Fax: 310-491-7949 Email: avi@thewagnerfirm.com
Nicholas I Porritt Levi and Korsinsky LLP 1101-30th Street NW Suite 115 Washington, DC 20007 202-524-4290 Fax: 202-337-1567 Email: nporritt@zlk.com PRO HAC VICE Thomas M Gottschlich Levi and Korsinsky LLP 1101-30th Street NW Suite 150 Washington, DC 20007 202-524-4290 Fax: 202-333-2121 Email: tgottschlich@zlk.com PRO HAC VICE V. Defendant THQ Inc TERMINATED: 08/29/2014 Defendant Brian J Farrell represented by Joel Alan Feuer Gibson Dunn and Crutcher LLP 2029 Century Park East Suite 4000 Los Angeles, CA 90067 310-552-8500 Fax: 310-551-8741 Email: jfeuer@gibsondunn.com represented by Koji F Fukumura Cooley LLP 4401 Eastgate Mall San Diego, CA 92121-1909 858-550-6000 Fax: 858-550-6420 Email: kfukumura@cooley.com LEAD ATTORNEY Blake M Zollar Cooley LLP 4401 Eastgate Mall San Diego, CA 92121 858-550-6000 Fax: 858-550-6420
Email: bzollar@cooley.com Joel Alan Feuer (See above for address) TERMINATED: 01/10/2014 Peter M Adams Cooley LLP 4401 Eastgate Mall San Diego, CA 92121-9109 858-550-6000 Fax: 858-550-6420 Email: padams@cooley.com TERMINATED: 01/06/2015 Ryan E Blair Cooley LLP 4401 Eastgate Mall San Diego, CA 92121 858-550-6000 Fax: 858-550-6240 Email: rblair@cooley.com Defendant Paul J Pucino represented by Koji F Fukumura (See above for address) LEAD ATTORNEY Blake M Zollar (See above for address) Joel Alan Feuer (See above for address) TERMINATED: 01/10/2014 Peter M Adams (See above for address) TERMINATED: 01/06/2015 Ryan E Blair (See above for address)
Date Filed # Docket Text 06/15/2012 1 CLASS ACTION COMPLAINT against Defendants Brian J Farrell, Paul J Pucino, THQ Inc. Case assigned to Judge Gary A. Feess for all further proceedings. Discovery referred to Magistrate Judge John E. McDermott.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Khalil Zaghian. (et) (ds). (Entered: 06/19/2012) 06/15/2012 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (et) (Entered: 06/19/2012) 06/15/2012 2 CERTIFICATION AS TO Interested Parties filed by Plaintiff Khalil Zaghian. (et) (ds). (Entered: 06/19/2012) 06/15/2012 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 06/19/2012) 06/19/2012 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Samuel H. Rudman for Plaintiff Khalil Zaghian. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 06/19/2012) 06/19/2012 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Mario Alba Jr. for Plaintiff Khalil Zaghian. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 06/19/2012) 07/13/2012 6 NOTICE of Appearance filed by attorney Joel Alan Feuer on behalf of Defendants Brian J Farrell, Paul J Pucino, THQ Inc (Feuer, Joel) (Entered: 07/13/2012) 07/13/2012 7 CORPORATE DISCLOSURE STATEMENT filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc (Feuer, Joel) (Entered: 07/13/2012) 07/16/2012 9 APPLICATION for attorney Samuel H. Rudman to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Plaintiff Khalil Zaghian. Lodged Proposed Order. (bp) (Entered: 07/18/2012) 07/16/2012 10 APPLICATION for attorney Mario Alba Jr. to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Plaintiff Khalil Zaghian. Lodged Proposed Order. (bp) (Entered: 07/18/2012) 07/17/2012 8 STIPULATION for Extension of Time to File Defendants' Responsive Pleading filed by plaintiff Khalil Zaghian. (Attachments: # 1 Proposed Order)(O'Mara, Brian) (Entered: 07/17/2012) 07/17/2012 11 ORDER by Judge Gary A. Feess: granting 9 Application to Appear Pro Hac Vice by Attorney Samuel H. Rudman on behalf of Plaintiff Khalil Zaghian, designating Lionel Z.Glancy as local counsel. (lt) (Entered: 07/18/2012) 07/17/2012 12 ORDER by Judge Gary A. Feess: granting 10 Application to Appear Pro Hac Vice by
Attorney Mario Alba, Jr. on behalf of Plaintiff Khalil Zaghian, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 07/18/2012) 07/19/2012 13 ORDER SETTING BRIEFING SCHEDULE AND CONTINUING DATE ON WHICH DEFENDANTS' RESPONSIVE PLEADING IS DUE by Judge Gary A. Feess. IT IS HEREBY ORDERED THAT: Defendants shall not be required to, and shall not waive any rights, arguments or defense by failing to, answer, move, or otherwise respond to the complaint in this action until after (i) the appointment of a lead plaintiff; and (ii) after lead plaintiff has fled a Consolidated Complaint, re Stipulation for Extension of Time to File 8 (bp) (Entered: 07/19/2012) 07/26/2012 14 PROOF OF SERVICE Executed by Plaintiff Khalil Zaghian, upon Defendant THQ Inc served on 6/19/2012, answer due 7/10/2012. Service of the Summons and Complaint were executed upon Renee Vigo in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (O'Mara, Brian) (Entered: 07/26/2012) 07/26/2012 15 PROOF OF SERVICE Executed by Plaintiff Khalil Zaghian, upon Defendant Paul J Pucino served on 6/20/2012, answer due 7/11/2012. Service of the Summons and Complaint were executed upon Paul J. Pucino in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (O'Mara, Brian) (Entered: 07/26/2012) 07/26/2012 16 PROOF OF SERVICE Executed by Plaintiff Khalil Zaghian, upon Defendant Brian J Farrell served on 6/20/2012, answer due 7/11/2012. Service of the Summons and Complaint were executed upon Brian J. Farrell in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (O'Mara, Brian) (Entered: 07/26/2012) 08/14/2012 17 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by proposed lead plaintiff Khalil Zaghian. Motion set for hearing on 9/17/2012 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Proposed Order)(O'Mara, Brian) (Entered: 08/14/2012) 08/14/2012 18 MEMORANDUM in Support of MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17 filed by Plaintiff Khalil Zaghian. (O'Mara, Brian) (Entered: 08/14/2012) 08/14/2012 19 DECLARATION of Brian O. O'Mara in support of MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17 filed by Plaintiff Khalil Zaghian. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(O'Mara, Brian) (Entered: 08/14/2012) 08/14/2012 20 NOTICE OF MOTION AND MOTION OF MIKE HERNANDEZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Movant Mike Hernandez. Motion set for hearing on 9/17/2012 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Proposed Order)(bp) (Entered: 08/15/2012) 08/14/2012 21 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION for Order for Appointing Mike Hernandez as Lead Plaintiff and Approving his selection of lead counsel 20 filed by Movant Mike Hernandez. (bp) (Entered: 08/15/2012) 08/14/2012 22 DECLARATION of Avi Wagner in support of MOTION for Order for Appointing Mike Hernandez as Lead Plaintiff and Approving his selection of lead counsel 20 filed by Movant Mike Hernandez. (bp) (Entered: 08/15/2012)
08/14/2012 23 CERTIFICATION of Interested Parties filed by Movant Mike Hernandez, (bp) (Entered: 08/15/2012) 08/27/2012 24 NOTICE OF NON-OPPOSITION By Defendants THQ, Inc., Brian J. Farrell and Paul J. Pucino to Motion for Appointment of Lead Plaintiff and Approval of Selection of Lead Plaintiff's Counsel filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (Feuer, Joel) (Entered: 08/27/2012) 08/27/2012 25 PROOF OF SERVICE filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc, re Non-Opposition to Motion, 24 served on August 27,2010. (Feuer, Joel) (Entered: 08/27/2012) 08/27/2012 26 MEMORANDUM in Support of MOTION for Order for Appointing Mike Hernandez as Lead Plaintiff and Approving his selection of lead counsel 20 [Memorandum of Points and Authorities in Further Support of Motion of Mike Hernandez for Appointment as Lead Plaintiff and Approval of Lead Counsel] filed by Movant Mike Hernandez. (Wagner, Avi) (Entered: 08/27/2012) 08/27/2012 27 RESPONSE IN SUPPORT of MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17 filed by Plaintiff Khalil Zaghian. (O'Mara, Brian) (Entered: 08/27/2012) 09/14/2012 28 APPLICATION for attorney Thomas M. Gottschlich to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10959581 paid.) filed by Plaintiff-Movant Mike Hernandez. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing)(Wagner, Avi) (Entered: 09/14/2012) 09/14/2012 29 APPLICATION for attorney Nicholas I. Porritt to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10959918 paid.) filed by Plaintiff-Movant Mike Hernandez. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Good Standing)(Wagner, Avi) (Entered: 09/14/2012) 09/14/2012 30 MINUTES (IN CHAMBERS): ORDER RE: MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL by Judge Gary A. Feess: The Court GRANTS Hernandez's motion and DENIES Zaghian's motion. Hernandez is hereby APPOINTED as lead plaintiff and Levi & Korsinsky LLP is hereby APPOINTED as lead counsel 17 20 (bp) (Entered: 09/14/2012) 09/17/2012 31 ORDER by Judge Gary A. Feess: granting 29 Application to Appear Pro Hac Vice by Attorney Nicholas I. Porritt on behalf of Plaintiff, designating Avi Wagner as local counsel. (lt) (Entered: 09/19/2012) 09/17/2012 32 ORDER by Judge Gary A. Feess: granting 28 Application to Appear Pro Hac Vice by Attorney Thomas M. Gottschlich on behalf of Plaintiff, designating Avi Wagner as local counsel. (lt) (Entered: 09/19/2012) 11/13/2012 33 FIRST AMENDED COMPLAINT against defendants Mike Hernandez amending Complaint - 1, filed by plaintiff Mike Hernandez. (bm) (bm). (Entered: 11/14/2012) 01/11/2013 34 NOTICE of Automatic Stay Pursuant to 11 U.S.C. Sec. 362(a) filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (Feuer, Joel) (Entered: 01/11/2013) 01/14/2013 35 NOTICE OF MOTION AND MOTION to Dismiss the First Amended Complaint filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. Motion set for hearing on 5/6/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Declaration of Joel A.
Feuer)(Feuer, Joel) (Entered: 01/14/2013) 01/14/2013 36 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss the First Amended Complaint 35 filed by Defendants Brian J Farrell, Paul J Pucino, THQ Inc. (Feuer, Joel) (Entered: 01/14/2013) 01/14/2013 37 ORDER by Judge Gary A. Feess, ORDER STAYING CASE by Judge Gary A. Feess. IT IS HEREBY ORDERED that this action is removed from the Court's active caseload until further application by the parties or Order of this Court. IT IS FURTHER ORDERED that counsel for plaintiff shall file semiannual status reports commencing on April 19, 2013. All pending calendar dates are vacated by the Court. (MD JS-6. Case Terminated) (rfi) (Entered: 01/16/2013) 04/22/2013 38 STATUS REPORT filed by Plaintiff Khalil Zaghian. (Wagner, Avi) (Entered: 04/22/2013) 11/26/2013 39 STATUS REPORT [Plaintiff's Second Status Report Pursuant to the Court's January 14, 2013 Order] filed by Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 11/26/2013) 01/08/2014 40 REQUEST to Substitute attorney Joel A. Feuer in place of attorney Koji Fukumura filed by Defendant Brian J Farrell. (Attachments: # 1 Proposed Order)(Feuer, Joel) (Entered: 01/08/2014) 01/08/2014 41 REQUEST to Substitute attorney Joel A. Feuer in place of attorney Koji Fukumura filed by Defendant Paul J Pucino. (Attachments: # 1 Proposed Order)(Feuer, Joel) (Entered: 01/08/2014) 01/10/2014 42 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Gary A. Feess granting 40 Request to Substitute Attorney: The Court hereby orders that the request of: Brian J. Farrell to substitute Koji Fukumura, who is Retained Counsel, as attorney of record instead of Joel A. Feuer. (bm) (Entered: 01/13/2014) 01/10/2014 43 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Gary A. Feess granting 41 Request to Substitute Attorney:The Court hereby orders that the request of: Paul J. Pucino, Defendant, to substitute Koji Fujumura, who is Retained Counsel, as attorney of record instead of Joel A. Feuer. (bm) (Entered: 01/13/2014) 08/29/2014 44 NOTICE OF MOTION AND MOTION to Lift Stay re Action, Restore Action, and Confirm Briefing Schedule filed by Lead Plaintiff Mike Hernandez. Motion set for hearing on 9/29/2014 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Proposed Order)(Wagner, Avi) (Entered: 08/29/2014) 08/29/2014 45 MEMORANDUM in Support of MOTION to Lift Stay re Action, Restore Action, and Confirm Briefing Schedule 44 filed by Plaintiff Mike Hernandez. (Attachments: # 1 Exhibit A - Notice of Dismissal)(Wagner, Avi) (Entered: 08/29/2014) 08/29/2014 54 NOTICE OF DISMISSAL filed by Plaintiff Khalil Zaghian pursuant to FRCP 41a(1) as to THQ Inc. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that, pursuant to Fed.R.Civ.P.41(a)(1), Lead Plaintiff voluntarily dismisses all claims against THQ Inc. with prejudice. (bp) (Entered: 10/16/2014) 09/25/2014 46 MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: Request for Further Briefing. The Parties' briefing so far contains insufficient information for the Court to determine whether any D&O policy exists. Accordingly, Defendants Farrell and
Pucino are hereby ORDERED to submit supplemental briefing indicating whether they might be protected by any D&O policy, and whether such a policy might be considered property of the THQ estate. The Court also notes that THQ has not yet been formally dismissed; although a notice of dismissalwas lodged, it was not filed, and therefore has not yet taken effect. Since they are still involved in this case, the Court ORDERS THQ to file its own supplemental briefing addressing these issues. If a D&O policy exists, THQ should provide it to the Court. The Parties briefing may be no more than 5 pages, excluding exhibits, and should be submitted no later than Friday, October 3, 2014. The hearing on Plaintiff's pending motion 44 is hereby CONTINUED to Monday, October 20, 2014 at 9:30 a.m. before Judge Gary A. Feess. See document for details. (smo) (Entered: 09/25/2014) 10/01/2014 47 NOTICE of Appearance filed by attorney Blake M Zollar on behalf of Defendants Brian J Farrell, Paul J Pucino (Attachments: # 1 Certificate of Service)(Attorney Blake M Zollar added to party Brian J Farrell(pty:dft), Attorney Blake M Zollar added to party Paul J Pucino(pty:dft))(Zollar, Blake) (Entered: 10/01/2014) 10/01/2014 48 NOTICE of Appearance filed by attorney Peter M Adams on behalf of Defendants Brian J Farrell, Paul J Pucino (Attachments: # 1 Certificate of Service)(Attorney Peter M Adams added to party Brian J Farrell(pty:dft), Attorney Peter M Adams added to party Paul J Pucino(pty:dft))(Adams, Peter) (Entered: 10/01/2014) 10/03/2014 49 RESPONSE filed by Defendant THQ Incto Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, 46 / THQ Inc.'s Response to the Court's Order of September 25, 2014 (Feuer, Joel) (Entered: 10/03/2014) 10/03/2014 50 SUPPLEMENT to MOTION to Lift Stay re Action, Restore Action, and Confirm Briefing Schedule 44 Supplemental Briefing in Response to Plaintiff's Unopposed Motion to Lift Stay, Restore Active Status, and Confirm Briefing Schedule filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Declaration Peter M. Adams ISO Individual Defendants' Supplemental Briefing in Response to Plaintiffs' Unopposed Motion to Lift Stay, Restore Active Status, and Confirm Briefing Schedule, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Certificate of Service)(Fukumura, Koji) (Entered: 10/03/2014) 10/15/2014 51 APPLICATION for attorney Adam M. Apton to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14620782 paid.) filed by Lead Plaintiff Mike Hernandez. (Attachments: # 1 Proposed Order, # 2 Exhibit - Certificates of Good Standing)(Wagner, Avi) (Entered: 10/15/2014) 10/15/2014 52 ORDER by Judge Gary A. Feess: granting 51 Application to Appear Pro Hac Vice by Attorney Adam M. Apton on behalf of Lead Plaintiff Mike Hernandez, designating Avi Wagner as local counsel. (lt) (Entered: 10/16/2014) 10/16/2014 53 MINUTES (IN CHAMBERS): ORDER re: Request to Lift Stay by Judge Gary A. Feess: Court will lift the stay and allow litigation to go forward in this case. Plaintiff's Motion to Lift the Stay 44 is therefore GRANTED. Plaintiff's notice of dismissal of THQ that was previously lodged with the Court is DEEMED FILED. (See Docket No. 45-1.) The parties are to meet and confer no later than October 24, 2014, for the purpose of developing and submitting a joint statement to the court regarding the status of the litigation and a proposed schedule. The joint statement is to be filed with the Court no later than October 31, 2014. The Court will thereafter set the matter for a status conference with counsel. The
hearing scheduled for Monday, October 20, 2014 is VACATED. See document for details. (MD JS-5 Case Reopened) (smo) (Entered: 10/16/2014) 10/31/2014 55 STATUS REPORT and Proposed Schedule filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Certificate of Service)(Zollar, Blake) (Entered: 10/31/2014) 11/05/2014 56 MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: Schedule. The Court has reviewed the Joint Status Report and Proposed Schedule filed by theparties. The Court implements the following schedule: 1. Lead Plaintiff shall file his papers in Opposition to the Motion to Dismiss no later than December 5, 2014; 2. Defendants shall file their Reply papers in support of the Motion to Dismiss no later than January 9, 2015; and 3. The Motion to Dismiss 35 is scheduled for February 9, 2014 at 9:30 a.m. before Judge Gary A. Feess. (smo) (Entered: 11/05/2014) 12/02/2014 57 ORDER OF THE CHIEF JUDGE (#14-095) approved by Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the RETIREMENT of Judge Gary A. Feess, this case is transferred from Judge Gary A. Feess to the calendar of Judge Manuel L. Real for all further proceedings. The case number will now reflect the initials of the transferee Judge CV12-05227 R (JEMx). (mg) (Entered: 12/03/2014) 12/04/2014 58 ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch) (Entered: 12/04/2014) 12/04/2014 59 SCHEDULING NOTICE by Judge Manuel L. Real re: MOTION to Dismiss the First Amended Complaint 35. COUNSEL ARE NOTIFIED that in accordance with this Court's motion hearing schedule and on the Court's own motion, the hearing on Defendant's Motion to Dismiss the Amended Complaint 35 is hereby ADVANCED to MONDAY, FEBRUARY 2, 2015 AT 10:00 A.M. (Motion set for hearing on 2/2/2015 at 10:00 AM before Judge Manuel L. Real.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY (Entered: 12/04/2014) 12/05/2014 60 NOTICE of Order Dated December 4, 2014 filed by Lead Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 12/05/2014) 12/05/2014 61 MEMORANDUM in Opposition to MOTION to Dismiss the First Amended Complaint 35 filed by Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 12/05/2014) 12/05/2014 62 DECLARATION of Adam M. Apton re MEMORANDUM in Opposition to Motion 61 filed by Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 12/05/2014) 01/06/2015 63 NOTICE of Appearance filed by attorney Ryan E Blair on behalf of Defendants Brian J Farrell, Paul J Pucino (Attachments: # 1 Certificate of Service)(Attorney Ryan E Blair added to party Brian J Farrell(pty:dft), Attorney Ryan E Blair added to party Paul J Pucino(pty:dft))(Blair, Ryan) (Entered: 01/06/2015) 01/06/2015 64 NOTICE of Change of Lead Counsel filed by Defendants Brian J Farrell, Paul J Pucino, (Attachments: # 1 Cert. of Service)(Fukumura, Koji) (Entered: 01/06/2015) 01/09/2015 65 DECLARATION of Ryan E. Blair In Support of Defendants Brian J. Farrell and Paul J. Pucino's Motion to Dismiss the First Amended Complaint MOTION to Dismiss the First Amended Complaint 35 filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Cert. of Service)(Blair, Ryan) (Entered: 01/09/2015) 01/09/2015 66 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss the First Amended
Complaint 35 - Supplemental Request for Judicial Notice filed by Defendant Brian J Farrell, Paul J Pucino. (Attachments: # 1 Cert. of Service)(Blair, Ryan) (Entered: 01/09/2015) 01/09/2015 67 REPLY in Support of Motion MOTION to Dismiss the First Amended Complaint 35 filed by Defendants Brian J Farrell, Paul J Pucino. (Attachments: # 1 Cert. of Service)(Fukumura, Koji) (Entered: 01/09/2015) 01/14/2015 68 MINUTES (IN CHAMBERS): ORDER TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real: The Court has determined that Defendants Motion to Dismiss the Amended Complaint 35 set for hearing on February 2, 2015 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of February 2, 2015 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. 35 (pj) (Entered: 01/16/2015) 02/04/2015 69 ORDER GRANTING DEFENDANTS BRIAN J. FARRELL and PAUL J. PUCINO'S MOTION TO DISMISS by Judge Manuel L. Real: IT IS HEREBY ORDERED that Defendants Brian J. Farrell and Paul J. Pucino's motion to dismiss, Dkt. # 35, is GRANTED. (MD JS-6. Case Terminated) (kss) (Entered: 02/04/2015) 03/03/2015 70 NOTICE OF APPEAL to the 9th CCA filed by Lead Plaintiff Mike Hernandez. Appeal of Order on Motion to Dismiss, 69 (Appeal fee of $505 receipt number 0973-15304968 paid.) (Wagner, Avi) (Entered: 03/03/2015) 03/03/2015 71 NOTIFICATION by Circuit Court of Appellate Docket Number 15-55335, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 70 as to Plaintiff Mike Hernandez. (mat) (Entered: 03/05/2015) 04/01/2015 72 NOTICE of Transcript Order Pursuant to Circuit Rule 10-3 filed by Lead Plaintiff Mike Hernandez. (Wagner, Avi) (Entered: 04/01/2015) 01/12/2017 73 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 70 filed by Mike Hernandez. CCA # 15-55335. REVERSED and REMANDED.(mat) (Entered: 01/12/2017) 01/19/2017 74 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 70 filed by Mike Hernandez. CCA # 15-55335. Defendants-Appellees' unopposed motion for an extension of time to file a petition for rehearing and petition for rehearing en banc is GRANTED. (mat) (Entered: 01/20/2017) 04/10/2017 75 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 70, USCA Memorandum/Opinion/Order 73, CCA # 15-55335. The judgment of this Court, entered January 12, 2017, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car) (Entered: 04/11/2017) 05/03/2017 76 NOTICE of Appearance filed by attorney Adam C McCall on behalf of Plaintiff Mike Hernandez (Attorney Adam C McCall added to party Mike Hernandez(pty:pla))(McCall, Adam) (Entered: 05/03/2017) 05/05/2017 77 STIPULATION for Settlement filed by lead plaintiff Mike Hernandez. (Attachments: # 1 Exhibit A - [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AND DIRECTING DISSEMINATION OF NOTICE TO CLASS, # 2
Exhibit A-1 - PROPOSED NOTICE, # 3 Exhibit A-2 - PROOF OF CLAIM, # 4 Exhibit A-3 - SUMMARY NOTICE, # 5 Exhibit B - [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE)(McCall, Adam) (Entered: 05/05/2017) 05/05/2017 78 NOTICE OF MOTION AND MOTION for Settlement Approval of PRELIMINARY APPROVAL filed by lead plaintiff Mike Hernandez. Motion set for hearing on 6/5/2017 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Proposed Order) (McCall, Adam) (Entered: 05/05/2017) 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 http://pacer.psc.uscourts.gov/pacerdesc.html