US District Court Civil Docket as of May 27, 2016 Retrieved from the court on May 27, 2016 U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:15-cv-00360-JD West v. ehealth, inc. et al Assigned to: Hon. James Donato Relate Case Case: 3:15-cv-01106-JD Cause: 15:77 Securities Fraud Plaintiff Jeffrey West Date Filed: 01/26/2015 Date Terminated: 05/27/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Matthew Seth Melamed Robbins Geller Rudman and Dowd LLP Post Montgomery Center One Montgomery Street Suite 1800 San Francisco, CA 94104 415-288-4545 Email: mmelamed@rgrdlaw.com Laurence M. Rosen The Rosen Law Firm, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 213-785-2610 Fax: 213-226-4684 Email: lrosen@rosenlegal.com V. Defendant ehealth, inc. represented by Jerome F. Birn, Jr. Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 650-493-9300 Fax: 650-565-5100 Email: jbirn@wsgr.com Molly Allison Arico Wilson Sonsini Goodrich & Rosati 1 Market Plaza, Spear Tower
Suite 3300 San Francisco, CA 94105 415-947-2149 Fax: 415-947-2099 Email: marico@wsgr.com Kelley Moohr Kinney Wilson Sonsini Goodrich & Rosati A Professional Corporation 650 Page Mill Road Palo Alto, CA 94304 650-493-9300 Fax: 650-565-5100 Email: kkinney@wsgr.com Defendant Gary L Lauer represented by Jerome F. Birn, Jr. Molly Allison Arico Kelley Moohr Kinney Defendant Stuart M Huizinga represented by Jerome F. Birn, Jr. Molly Allison Arico Kelley Moohr Kinney V.
Movant Laborers' Local #231 Pension Fund represented by Shawn A. Williams Robbins Geller Rudman & Dowd LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 415-288-4545 Fax: 415-288-4534 Email: shawnw@rgrdlaw.com Matthew Seth Melamed Movant Oklahoma Police Pension & Retirement System represented by Brian O. O'Mara Robbins Geller Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 619/231-1058 Fax: (619) 231-7423 Email: bo'mara@rgrdlaw.com Dennis J. Herman Robbins Geller Rudman & Dowd LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 415-288-4545 Fax: 415-288-4534 Email: dennish@rgrdlaw.com Matthew Seth Melamed Date Filed # Docket Text 01/26/2015 1 COMPLAINT against Stuart M Huizinga, Gary L Lauer, ehealth, inc. ( Filing fee $ 400, receipt number 0971-9236635.). Filed byjeffrey West. (Rosen, Laurence) (Filed on 1/26/2015) (Entered: 01/26/2015) 01/26/2015 2 Civil Cover Sheet by Jeffrey West. (Rosen, Laurence) (Filed on 1/26/2015) (Entered: 01/26/2015) 01/26/2015 3 Certificate of Interested Entities by Jeffrey West none to report (Rosen, Laurence) (Filed
on 1/26/2015) (Entered: 01/26/2015) 01/26/2015 4 CERTIFICATE of Counsel LR 3-7(d) by Laurence M. Rosen on behalf of Jeffrey West (Rosen, Laurence) (Filed on 1/26/2015) (Entered: 01/26/2015) 01/26/2015 5 Proposed Summons. (Rosen, Laurence) (Filed on 1/26/2015) (Entered: 01/26/2015) 01/26/2015 6 Case assigned to Hon. James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 1/26/2015) (Entered: 01/26/2015) 01/26/2015 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/1/2015. Case Management Conference set for 5/8/2015 01:30 PM. (Attachments: # 1 Standing Order, # 2 Standing Order)(hdjS, COURT STAFF) (Filed on 1/26/2015) (Entered: 01/27/2015) 01/27/2015 8 Summons Issued as to Stuart M Huizinga, Gary L Lauer, ehealth, inc.. (hdjs, COURT STAFF) (Filed on 1/27/2015) (Entered: 01/27/2015) 03/17/2015 9 MOTION to Relate Case Pursuant to Civil Local Rules 3-12 and 7-11 filed by Laborers' Local #231 Pension Fund. (Attachments: # 1 Stipulation Regarding Plaintiff's Administrative Motion to Consider Whether Cases Should Be Related, # 2 Proposed Order)(Williams, Shawn) (Filed on 3/17/2015) (Entered: 03/17/2015) 03/17/2015 10 CLERK'S NOTICE Case Management Statement due by 5/6/2015. Case Management Conference set for 5/13/2015 01:30 PM in Courtroom 11, 19th Floor, San Francisco. THIS IS A TEXT ENTRY ONLY. THERE ARE NO DOCUMENTS ASSOCIATED WITH THIS ENTRY. (lrcs, COURT STAFF) (Filed on 3/17/2015) (Entered: 03/17/2015) 03/27/2015 11 MOTION to Appoint Lead Plaintiff and Lead Counsel The Rosen Law Firm, P.A., MOTION to Consolidate Cases filed by Jeffrey West. Motion Hearing set for 5/6/2015 09:30 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 4/10/2015. Replies due by 4/17/2015. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/27/2015 12 Declaration of Laurence Rosen in Support of 11 MOTION to Appoint Lead Plaintiff and Lead Counsel The Rosen Law Firm, P.A. MOTION to Consolidate Cases filed byjeffrey West. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 11 ) (Rosen, Laurence) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/27/2015 13 Certificate of Interested Entities by Jeffrey West none to report (Rosen, Laurence) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/27/2015 14 CERTIFICATE of Counsel by Laurence M. Rosen on behalf of Jeffrey West (Rosen, Laurence) (Filed on 3/27/2015) (Entered: 03/27/2015)
03/27/2015 15 MOTION to Consolidate Cases, MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof filed by Oklahoma Police Pension & Retirement System. Motion Hearing set for 5/6/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 4/10/2015. Replies due by 4/17/2015. (Attachments: # 1 Proposed Order)(O'Mara, Brian) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/27/2015 16 Declaration of Brian O. O'Mara in Support of 15 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof filed byoklahoma Police Pension & Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 15 ) (O'Mara, Brian) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/27/2015 17 Certificate of Interested Entities by Oklahoma Police Pension & Retirement System (O'Mara, Brian) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/27/2015 18 CERTIFICATE of Counsel Pursuant to Local Rule 3-7(d) by Brian O. O'Mara on behalf of Oklahoma Police Pension & Retirement System (O'Mara, Brian) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/27/2015 19 CERTIFICATE of Counsel Pursuant to Local Rule 3-7(d) by Dennis J. Herman on behalf of Oklahoma Police Pension & Retirement System (Herman, Dennis) (Filed on 3/27/2015) (Entered: 03/27/2015) 03/31/2015 20 CLERK'S NOTICE, Set/Reset Deadlines as to 11 MOTION to Appoint Lead Plaintiff and Lead Counsel The Rosen Law Firm, P.A. MOTION to Consolidate Cases. Motion Hearing set for 5/6/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. THIS IS A TEXT ENTRY ONLY. THERE ARE NO DOCUMENTS ASSOCIATED WITH THIS ENTRY. (lrcs, COURT STAFF) (Filed on 3/31/2015) (Entered: 03/31/2015) 04/10/2015 21 ORDER by Judge James Donato granting 9 Motion to Relate Case (lrcs, COURT STAFF) (Filed on 4/10/2015) (Entered: 04/10/2015) 04/10/2015 22 RESPONSE (re 11 MOTION to Appoint Lead Plaintiff and Lead Counsel The Rosen Law Firm, P.A. MOTION to Consolidate Cases ) filed byoklahoma Police Pension & Retirement System. (O'Mara, Brian) (Filed on 4/10/2015) (Entered: 04/10/2015) 04/13/2015 23 NOTICE by Jeffrey West re 15 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof Non-Opposition to Lead Plaintiff Motion (Rosen, Laurence) (Filed on 4/13/2015) (Entered: 04/13/2015) 05/04/2015 24 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Setting Deadlines for Filing the Consolidated Complaint and the Briefing Schedule for Defendants' Motion to Dismiss filed by Laborers' Local #231 Pension Fund, Oklahoma Police Pension & Retirement System. (Melamed, Matthew) (Filed on 5/4/2015) (Entered: 05/04/2015) 05/06/2015 25 Minute Entry for proceedings held before Hon. James Donato: Motion Hearing held on 5/6/2015. re 15 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof filed by Oklahoma Police Pension & Retirement System, 11 MOTION to Appoint Lead Plaintiff and Lead Counsel The Rosen Law Firm, P.A. MOTION to Consolidate Cases filed by Jeffrey West Court Reporter Name or FTR Time Pamela
Batalo. (lrcs, COURT STAFF) (Date Filed: 5/6/2015) (Entered: 05/06/2015) 05/11/2015 26 TRANSCRIPT ORDER by Oklahoma Police Pension & Retirement System for Court Reporter Pam Batalo. (O'Mara, Brian) (Filed on 5/11/2015) (Entered: 05/11/2015) 05/15/2015 27 Transcript of Proceedings held on 5/6/2015, before Judge Donato. Court Reporter Pamela A. Batalo, Telephone number 626-688-7509; pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 26 Transcript Order ) Redaction Request due 6/5/2015. Redacted Transcript Deadline set for 6/15/2015. Release of Transcript Restriction set for 8/13/2015. (Related documents(s) 26 ) (Batalo, Pam) (Filed on 5/15/2015) (Entered: 05/15/2015) 06/10/2015 28 AMENDED COMPLAINT Consolidated Class Action Complaint for Violation of the Federal Securities Laws against Stuart M Huizinga, Gary L Lauer, ehealth, inc.. Filed byoklahoma Police Pension & Retirement System. (Attachments: # 1 Exhibit A - Lead Plaintiff Certification)(Melamed, Matthew) (Filed on 6/10/2015) (Entered: 06/10/2015) 06/17/2015 29 NOTICE of Appearance by Kelley Moohr Kinney, Jerome F. Birn, Jr. and Molly A. Arico (Kinney, Kelley) (Filed on 6/17/2015) (Entered: 06/17/2015) 06/17/2015 30 Certificate of Interested Entities by Stuart M Huizinga, Gary L Lauer, ehealth, inc. and Defendants' Rule 7.1 Disclosure Statement (Kinney, Kelley) (Filed on 6/17/2015) (Entered: 06/17/2015) 07/15/2015 31 MOTION to Dismiss Plaintiff's Consolidated Complaint filed by Stuart M Huizinga, Gary L Lauer, ehealth, inc.. Motion Hearing set for 9/30/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 8/14/2015. Replies due by 9/4/2015. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Consolidated Complaint, # 2 Declaration of Molly A. Arico in Support of Defendants' Motion to Dismiss Plaintiff's Consolidated Complaint, # 3 Exhibits A - R to Declaration, # 4 Defendants' Request for Judicial Notice in Support of Motion to Dismiss Plaintiff's Consolidated Complaint)(Kinney, Kelley) (Filed on 7/15/2015) (Entered: 07/15/2015) 08/14/2015 32 RESPONSE (re 31 MOTION to Dismiss Plaintiff's Consolidated Complaint ) filed bylaborers' Local #231 Pension Fund, Oklahoma Police Pension & Retirement System, Jeffrey West. (Melamed, Matthew) (Filed on 8/14/2015) (Entered: 08/14/2015) 08/14/2015 33 Response re REQUEST FOR JUDICIAL NOTICE bylaborers' Local #231 Pension Fund, Oklahoma Police Pension & Retirement System, Jeffrey West. (Melamed, Matthew) (Filed on 8/14/2015) (Entered: 08/14/2015) 09/04/2015 34 REPLY (re 31 MOTION to Dismiss Plaintiff's Consolidated Complaint ) Defendants' Reply Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiff's Consolidated Complaint filed bystuart M Huizinga, Gary L Lauer, ehealth, inc.. (Attachments: # 1 Supplemental Declaration of Molly A. Arico in Support of Defendants' Motion to Dismiss Plaintiff's Consolidated Complaint, # 2 Revised Exhibit F, # 3 Defendants' Reply in Further Support of Their Request for Judicial Notice)(Kinney, Kelley) (Filed on 9/4/2015) (Entered: 09/04/2015) 09/22/2015 35 CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by
Oklahoma Police Pension & Retirement System. (Melamed, Matthew) (Filed on 9/22/2015) (Entered: 09/22/2015) 09/23/2015 36 ORDER REQUIRING PREPARATION OF SUPPLEMENTAL CHART. Signed by Judge James Donato on 9/22/15. (lrcs, COURT STAFF) (Filed on 9/23/2015) (Entered: 09/23/2015) 09/30/2015 37 Appendix re 36 Order Requiring Preparation of Supplemental Chart filed byoklahoma Police Pension & Retirement System. (Related document(s) 36 ) (Melamed, Matthew) (Filed on 9/30/2015) (Entered: 09/30/2015) 10/02/2015 38 Minute Entry for proceedings held before Hon. James Donato. Hearing on Defendant's Motion to Dismiss held on 9/30/2015. (jdlc3s, COURT STAFF) (Date Filed: 10/2/2015) (Entered: 10/14/2015) 10/14/2015 39 TRANSCRIPT ORDER by Oklahoma Police Pension & Retirement System for Court Reporter Katherine Sullivan. (Melamed, Matthew) (Filed on 10/14/2015) (Entered: 10/14/2015) 10/16/2015 40 TRANSCRIPT ORDER by Stuart M Huizinga, Gary L Lauer, ehealth, inc. for Court Reporter Katherine Sullivan. (Arico, Molly) (Filed on 10/16/2015) (Entered: 10/16/2015) 03/14/2016 41 Order by Hon. James Donato granting 31 Motion to Dismiss in case 3:15-cv-00360- JD. Associated Case: 3:15-cv-01106-JD (jdlc3s, COURT STAFF) (Filed on 3/14/2016) (Entered: 03/14/2016) 04/01/2016 42 MOTION for Extension of Time to File Amended Consolidated Complaint filed by Oklahoma Police Pension & Retirement System. (Attachments: # 1 Proposed Order)(Melamed, Matthew) (Filed on 4/1/2016) (Entered: 04/01/2016) 04/01/2016 43 Declaration of Matthew S. Melamed in Support of 42 MOTION for Extension of Time to File Amended Consolidated Complaint filed byoklahoma Police Pension & Retirement System. (Related document(s) 42 ) (Melamed, Matthew) (Filed on 4/1/2016) (Entered: 04/01/2016) 04/04/2016 44 RESPONSE (re 42 MOTION for Extension of Time to File Amended Consolidated Complaint ) Defendants' Opposition to Plaintiff's Motion to Extend Time filed bystuart M Huizinga, Gary L Lauer, ehealth, inc.. (Kinney, Kelley) (Filed on 4/4/2016) (Entered: 04/04/2016) 04/04/2016 45 DECLARATION of Kelley M. Kinney in Support of Defendants' Opposition to Plaintiff's Motion to Extend Time filed bystuart M Huizinga, Gary L Lauer, ehealth, inc.. (Kinney, Kelley) (Filed on 4/4/2016) (Entered: 04/04/2016) 04/04/2016 46 Order by Hon. James Donato granting in part and denying in part 42 Motion for Extension of Time to File in case 3:15-cv-00360-JD. Lead plaintiff has until April 27, 2016 to file either an amended consolidated complaint or a notice of submission to the Court's order dismissing the consolidated complaint. Associated Cases: 3:15-cv- 00360-JD, 3:15-cv-01106-JD (This is a text-only entry. There is no document associated with this entry.) (jdlc3s, COURT STAFF) (Filed on 4/4/2016) (Entered: 04/04/2016) 04/27/2016 47 NOTICE by Oklahoma Police Pension & Retirement System Notice of Submission to the Court's Order Dismissing the Consolidated Complaint (Melamed, Matthew) (Filed on 4/27/2016) (Entered: 04/27/2016)
05/27/2016 48 JUDGMENT. Signed by Judge James Donato on 5/27/2016. (jdlc1s, COURT STAFF) (Filed on 5/27/2016) (Entered: 05/27/2016) 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