US District Court Civil Docket as of February 17, 2012 Retrieved from the court on February 21, 2012 U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:09-cv-00799-MMB Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund et al v. Swanson et al Assigned to: Judge Michael M. Baylson Member case: (View Member Case) Related Cases: 1:09-cv-00803-MMB 1:09-cv-00859-MMB 1:09-cv-00820-MMB Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/23/2009 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund represented by Peter Bradford deleeuw Rosenthal, Monhait & Goddess, P.A. Mellon Bank Center, Suite 1401 P.O. Box 1070 919 Market Street Wilmington, DE 19899-1070 (302) 656-4433 Email: bdeleeuw@rmgglaw.com LEAD ATTORNEY Plaintiff Private Scavenger and Garage Attendants Pension Trust Fund and Textile Maintenance and Laundry Craft Pension Fund Individually and on Behalf of All Others Similarly Situated represented by Peter Bradford deleeuw LEAD ATTORNEY Plaintiff Donald B. Biggerstaff represented by Brian D. Long Rigrodsky & Long, P.A. 919 N. Market Street, Suite 980 Wilmington, DE 19801 (302) 295-5310 Fax: (302) 654-7530 Email: bdl@rigrodskylong.com LEAD ATTORNEY
Plaintiff Mr. Zhengxu He Lead Plaintiff, individually and as Trustee for the Fe & Fang 2005 Revocable Living Trust represented by Peter Bradford deleeuw LEAD ATTORNEY David J. George Email: dgeorge@rgrdlaw.com PRO HAC VICE Jessica Zeldin Rosenthal, Monhait & Goddess, P.A. Mellon Bank Center, Suite 1401 P.O. Box 1070 919 Market Street Wilmington, DE 19899-1070 (302) 656-4433 Fax: (302) 658-7567 Email: jzeldin@rmgglaw.com Joy A. Bull Email: joyb@rgrdlaw.com PRO HAC VICE Kathleen L. Barber Email: kbarber@rgrdlaw.com PRO HAC VICE Robert J. Robbins Email: rrobbins@rgrdlaw.com PRO HAC VICE Plaintiff Marc Saggese represented by A. Zachary Naylor Chimicles & Tikellis, LLP 222 Delaware Avenue, 11th Floor P.O. Box 1035 Wilmington, DE 19899 (302) 656-2500 Fax: (302) 656-9053 Email: zacharynaylor@chimicles.com
Plaintiff Vincent Vitale represented by Laina M. Herbert Prickett, Jones & Elliott, P.A. 1310 King St. P.O. Box 1328 Wilmington, DE 19899 (302)888-6547 Email: lmherbert@prickett.com V. Defendant David C. Swanson represented by Raymond J. DiCamillo Richards, Layton & Finger, PA One Rodney Square 920 N. King Street Wilmington, DE 19801 (302) 658-6541 Email: dicamillo@rlf.com LEAD ATTORNEY Christopher A. Ripple Email: christopher.ripple@sidley.com PRO HAC VICE Colleen M. Kenney Email: ckenney@sidley.com PRO HAC VICE David F. Graham Email: dgraham@sidley.com PRO HAC VICE James W. Ducayet Pro Hac Vice Email: jducayet@sidley.com Laura D. Hatcher Richards, Layton & Finger, PA One Rodney Square
920 N. King Street Wilmington, DE 19801 302-651-7589 Email: hatcher@rlf.com Defendant George F. Bednarz represented by Raymond J. DiCamillo LEAD ATTORNEY Laura D. Hatcher Defendant Steven M. Blondy represented by Raymond J. DiCamillo LEAD ATTORNEY Laura D. Hatcher Defendant R. Barry Sauder represented by Laura D. Hatcher Raymond J. DiCamillo Defendant Peter J. McDonald represented by Laura D. Hatcher Movant Michael L. Buonpane represented by A. Zachary Naylor
Movant Dennis Janssen represented by Laina M. Herbert Date Filed # Docket Text 10/23/2009 1 COMPLAINT filed with Jury Demand against David C. Swanson, George F. Bednarz, Steven M. Blondy - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 03110000000000647997.) - filed by Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund, Private Scavenger and Garage Attendants Pension Trust Fund and Textile Maintenance and Laundry Craft Pension Fund. (Attachments: # 1 Certification of Named Plaintiff, # 2 Civil Cover Sheet)(ksr) (Entered: 10/26/2009) 10/23/2009 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (ksr) (Entered: 10/26/2009) 10/23/2009 No Summons Issued (ksr) (Entered: 10/26/2009) 10/26/2009 Summons Issued as to David C. Swanson on 10/26/2009; George F. Bednarz on 10/26/2009; Steven M. Blondy on 10/26/2009. (rwc) (Entered: 10/26/2009) 11/04/2009 Case assigned to Judge Michael M. Baylson of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MMB) after the case number on all documents filed. (bkb) (Entered: 11/04/2009) 11/24/2009 3 STIPULATION and Proposed Order regarding Plaintiffs serving and filing Consolidated Complaint and Defendants' response by George F. Bednarz, Steven M. Blondy, David C. Swanson. (Hatcher, Laura) (Entered: 11/24/2009) 12/09/2009 SO ORDERED, re (3 in 1:09-cv-00799-MMB) Stipulation filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, (9 in 1:09-cv-00859-MMB) Stipulation filed by David C. Swanson, George F. Bednarz, Barry Sauder, Steven M. Blondy, (7 in 1:09-cv- 00803-MMB) Stipulation filed by David C. Swanson, Steven M. Blondy, R. Barry Sauder, (11 in 1:09-cv-00820-MMB) Stipulation filed by David C. Swanson, George F. Bednarz, Steven M. Blondy. Signed by Judge Michael M. Baylson on 12/4/09. (rwc) (Entered: 12/09/2009) 12/22/2009 4 MOTION for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel - filed by Michael L. Buonpane. (Attachments: # 1 Text of Proposed Order)(Naylor, A.) Modified on 8/30/2010 (nms). (Entered: 12/22/2009) 12/22/2009 5 OPENING BRIEF in Support re 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel filed by Michael L. Buonpane.Answering Brief/Response due date per Local Rules is 1/8/2010. (Naylor, A.) (Entered: 12/22/2009) 12/22/2009 6 DECLARATION re (4 in 1:09-cv-00799-MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, (8 in 1:09-cv-00803-MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, (13 in 1:09-cv-00820-
MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, (14 in 1:09-cv-00859-MMB) MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel by Michael L. Buonpane. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-5)(Naylor, A.) (Entered: 12/22/2009) 12/22/2009 7 MOTION for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel - filed by Donald B. Biggerstaff. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Long, Brian) Modified on 8/30/2010 (nms). (Entered: 12/22/2009) 12/22/2009 8 OPENING BRIEF in Support re 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel filed by Donald B. Biggerstaff.Answering Brief/Response due date per Local Rules is 1/8/2010. (Attachments: # 1 Certificate of Service)(Long, Brian) (Entered: 12/22/2009) 12/22/2009 9 DECLARATION re 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 8 Opening Brief in Support,, Declaration of Timothy J. MacFall In Support of the Motion to Consolidate the Related Actions, Appoint Lead Plaintiff, and to Approve Lead Plaintiff's Choice of Counsel by Donald B. Biggerstaff. (Attachments: # 1 Exhibits A-E, # 2 Certificate of Service)(Long, Brian) (Entered: 12/22/2009) 12/22/2009 10 Disclosure Statement pursuant to Rule 7.1 filed by Donald B. Biggerstaff. (Attachments: # 1 Certificate of Service)(Long, Brian) (Entered: 12/22/2009) 12/22/2009 11 MOTION for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel - filed by Dennis Janssen. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Herbert, Laina) Modified on 8/30/2010 (nms). (Entered: 12/22/2009) 12/22/2009 12 OPENING BRIEF in Support re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel Memorandum of Law in Support of Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel filed by Dennis Janssen.Answering Brief/Response due date per Local Rules is 1/8/2010. (Attachments: # 1 Certificate of Service)(Herbert, Laina) (Entered: 12/22/2009) 12/22/2009 13 DECLARATION re (16 in 1:09-cv-00803-MMB) Opening Brief in Support,, (21 in 1:09- cv-00859-mmb, 20 in 1:09-cv-00820-MMB, 15 in 1:09-cv-00803-MMB, 11 in 1:09-cv- 00799-MMB) MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, (12 in 1:09-cv-00799-MMB) Opening Brief in Support,, (21 in 1:09-cv-00820-MMB) Opening Brief in Support,, (22 in 1:09-cv- 00859-MMB) Opening Brief in Support,, Declaration of Laina M. Herbert in Support of Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel by Dennis
Janssen. (Attachments: # 1 Exhibits A and B, # 2 Exhibit C, # 3 Exhibits D and E, # 4 Certificate of Service)(Herbert, Laina) (Entered: 12/22/2009) 12/22/2009 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) - filed by Zhengxu He. (Attachments: # 1 Notice of Motion (Zhengxu Hes Notice Of Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel), # 2 Text of Proposed Order ([Proposed] Order Granting Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel))(deLeeuw, Peter) (Entered: 12/22/2009) 12/22/2009 15 DECLARATION re (23 in 1:09-cv-00820-MMB, 24 in 1:09-cv-00859-MMB, 18 in 1:09- cv-00803-mmb, 14 in 1:09-cv-00799-MMB) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) (Declaration Of Brian OMara In Support Of Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel) by Zhengxu He. (Attachments: # 1 Exhibit A - Notice of Pendency of Class Action published by Business Wire, a national business-oriented wire service, dated October 23, 2009, # 2 Exhibit B - Movants Sworn Certification, # 3 Exhibit C - Movants Chart of Purchases and Losses, # 4 Exhibit D - Firm rsum of Coughlin Stoia Geller Rudman & Robbins LLP)(deLeeuw, Peter) (Entered: 12/22/2009) 12/22/2009 16 OPENING BRIEF in Support re 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) (Opening Brief In Support Of Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel) filed by Zhengxu He.Answering Brief/Response due date per Local Rules is 1/8/2010. (deleeuw, Peter) (Entered: 12/22/2009) 12/23/2009 17 NOTICE of Appearance by Raymond J. DiCamillo on behalf of George F. Bednarz, Steven M. Blondy, Barry Sauder, David C. Swanson, R. Barry Sauder (DiCamillo, Raymond) (Entered: 12/23/2009) 12/23/2009 18 NOTICE of Appearance by Laura D. Hatcher on behalf of George F. Bednarz, Steven M. Blondy, Barry Sauder, David C. Swanson, R. Barry Sauder (Hatcher, Laura) (Entered: 12/23/2009) 01/08/2010 19 RESPONSE to Motion re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead
Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) filed by Michael L. Buonpane. (Attachments: # 1 Certificate of Service)(Adams, Meghan) (Entered: 01/08/2010) 01/08/2010 20 ANSWERING BRIEF in Opposition re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) (Zhengxu Hes Memorandum Of Law In Opposition To The Competing Motions For Consolidation, Appointment As Lead Plaintiff, And Approval Of Selection Of Counsel) filed by Zhengxu He.Reply Brief due date per Local Rules is 1/19/2010. (deleeuw, Peter) (Entered: 01/08/2010) 01/19/2010 21 REPLY BRIEF re 11 MOTION to Consolidate Cases Motion of Dennis Janssen for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel, 4 MOTION to Consolidate Cases Motion of Michael L. Buonpane for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Counsel, 7 MOTION to Consolidate Cases Donald B. Biggerstaff's Motion for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel, 14 MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) MOTION to Consolidate Cases (Zhengxu Hes Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel and Rule 7.1.1 Statement) (Zhengxu Hes Reply Memorandum Of Law In Further Support Of His Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of His Selection Of Counsel) filed by Zhengxu He. (deleeuw, Peter) (Entered: 01/19/2010) 03/26/2010 22 NOTICE of Firm Name Change by Zhengxu He (deleeuw, Peter) (Entered: 03/26/2010) 05/25/2010 NOTICE RE COURTESY COPIES: Please note that in cases assigned to Visiting Judges, courtesy copies of electronically filed documents should be sent to the chambers of the Visiting Judge unless otherwise directed. The courtesy copies of documents not filed electronically should also be sent to the chambers of the Visiting Judge. The originals of the non-electronic documents (sealed documents, oversized documents, etc.) should be filed in the Clerks Office in the District of Delaware. (rwc) (Entered: 05/25/2010)
06/07/2010 23 NOTICE - Setting Deadlines/Hearings ( Oral Argument set for 6/21/2010 02:00 PM before Judge Michael M. Baylson.) (rwc) (Entered: 06/07/2010) 06/09/2010 24 MOTION for Pro Hac Vice Appearance of Attorney Brian O. O'Mara - filed by Zhengxu He. (deleeuw, Peter) (Entered: 06/09/2010) 06/10/2010 25 MOTION for Pro Hac Vice Appearance of Attorney Robert J. Robbins - filed by Zhengxu He. (deleeuw, Peter) (Entered: 06/10/2010) 06/10/2010 SO ORDERED, re 25 MOTION for Pro Hac Vice Appearance of Attorney Robert J. Robbins filed by Zhengxu He, 24 MOTION for Pro Hac Vice Appearance of Attorney Brian O. O'Mara filed by Zhengxu He. Signed by Judge Michael M. Baylson on 6/10/10. (rwc) (Entered: 06/11/2010) 06/14/2010 26 NOTICE of WITHDRAWAL re 11 MOTION for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel and Liaison Counsel. (Herbert, Laina) Modified on 8/30/2010 (nms). (Entered: 06/14/2010) 06/17/2010 27 NOTICE of WITHDRAWAL re 7 MOTION for the Consolidation of Related Actions, Appointment as Lead Plaintiff, and for Approval of Selection of Lead and Liaison Counsel. (Long, Brian) Modified on 8/30/2010 (nms). (Entered: 06/17/2010) 06/21/2010 Minute Entry for proceedings held before Judge Michael M. Baylson - Oral Argument held on 6/21/2010. (Court Reporter Milahn Hull.) (ntl) (Entered: 06/25/2010) 06/22/2010 28 ORDER - granting (14) Motion to Consolidate Cases in case 1:09-cv-00799-MMB; granting (18) Motion to Consolidate Cases in case 1:09-cv-00803-MMB; granting (23) Motion to Consolidate Cases in case 1:09-cv-00820-MMB; granting (24) Motion to Consolidate Cases in case 1:09-cv-00859-MMB. (ALL FUTURE FILINGS SHALL BE MADE IN THE LEAD CASE CA 09-799 MMB ONLY). Signed by Judge Michael M. Baylson on 6/17/10. (rwc) (Entered: 06/22/2010) 06/22/2010 Remark: The Docket Clerk modified the rolls of the following parties, He, Biggerstaff, Saggese and Vitale in accordance with the Consolidation Order (DI# 28) and their specific roles in the member cases. (rwc) (Entered: 06/22/2010) 07/29/2010 29 Amended STIPULATION TO EXTEND TIME (and Proposed Order) of Consolidated Complaint to August 19, 2010; and thereafter the parties will submit a proposed schedule on defendants' anticipated motion to dismiss within fourteen (14) days of the filing of the consolidated complaint - filed by Zhengxu He. (Zeldin, Jessica) (Entered: 07/29/2010) 08/06/2010 SO ORDERED, re 29 Amended STIPULATION and Proposed Order TO EXTEND TIME re Consolidated Complaint to August 19, 2010; and thereafter the parties will submit a proposed schedule on defendants' anticipated motion to dismiss within fourteen (14) days of the filing of Amended Complaint, filed by Zhengxu He. Signed by Judge Michael M. Baylson on 8/6/10. (rwc) Modified on 8/30/2010 (nms). (Entered: 08/06/2010) 08/19/2010 30 AMENDED COMPLAINT : CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against George F. Bednarz, Steven M. Blondy, David C. Swanson- filed by Zhengxu He. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(deLeeuw, Peter) (Entered: 08/19/2010) 08/30/2010 31 MOTION for Pro Hac Vice Appearance of Attorney David F. Graham, James W. Ducayet and Christopher A. Ripple - filed by George F. Bednarz, Steven M. Blondy, David C.
Swanson. (Attachments: # 1 Certification by David F. Graham, # 2 Certification by James W. Ducayet, # 3 Certification by Christopher A. Ripple)(Hatcher, Laura) (Entered: 08/30/2010) 08/31/2010 32 STIPULATION regarding briefing schedule by George F. Bednarz, Steven M. Blondy. (Hatcher, Laura) (Entered: 08/31/2010) 09/02/2010 SO ORDERED, re 31 MOTION for Pro Hac Vice Appearance of Attorney David F. Graham, James W. Ducayet and Christopher A. Ripple filed by David C. Swanson, George F. Bednarz, Steven M. Blondy. Signed by Judge Michael M. Baylson on 9/2/10. (rwc) (Entered: 09/02/2010) 09/15/2010 33 ORDER setting briefing schedule; Defendants shall file their Motion to Dismiss in response to Plaintiff's Amended Complaint on or before 10/13/2010 with Opening Brief due on or before 10/13/2010. Answering Brief due 12/13/2010. Reply Brief due 1/28/2011.. Signed by Judge Michael M. Baylson on 9/10/2010. (dlk) (Entered: 09/16/2010) 10/04/2010 34 STIPULATION to extend due dates of briefs (see 33 Order Setting Briefing Schedule), by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (DiCamillo, Raymond) Modified on 10/5/2010 (nms). (Entered: 10/04/2010) 10/04/2010 35 STIPULATION to set page limits on briefs re 34 Stipulation by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (DiCamillo, Raymond) (Entered: 10/04/2010) 10/05/2010 SO ORDERED,D.I. 34 Stipulation regarding filing date and briefing schedule for Motion To Dismiss filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder. Signed by Judge Michael M. Baylson on 10/4/2010. (dlk) (Entered: 10/05/2010) 10/12/2010 36 Amended STIPULATION To Set Page Limits (see original 35 Stipulation), by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (DiCamillo, Raymond) Modified on 10/13/2010 (nms). (Entered: 10/12/2010) 10/14/2010 SO ORDERED D.I. 36 Stipulation filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder. Signed by Judge Michael M. Baylson on 10/14/2010. (dlk) (Entered: 10/14/2010) 10/27/2010 37 STIPULATION TO EXTEND TIME for Defendants' Motion to Dismiss the Consolidated Class Action Complaint (and related briefing) to November 10, 2010 - filed by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) (Entered: 10/27/2010) 11/02/2010 38 SO ORDERED,D.I. 37 STIPULATION TO EXTEND TIME for Defendants' Motion to Dismiss the Consolidated Class Action Complaint (and related briefing) to November 10, 2010 filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder. Plaintiff's Responsive brief shall be filed by 1/19/2011. Defendants' Reply Brief shall be filed by March 2, 2011. Signed by Judge Michael M. Baylson on 11/2/2010. (dlk) (Entered: 11/02/2010) 11/09/2010 Pro Hac Vice Attorney Christopher A. Ripple,James W. Ducayet,David F. Graham for David C. Swanson added for electronic noticing. (els) (Entered: 11/09/2010) 11/10/2010 39 MOTION to Dismiss Consolidated Class Action Complaint - filed by George F. Bednarz, Steven M. Blondy. (Attachments: # 1 Text of Proposed Order)(Hatcher, Laura) Modified
on 11/12/2010 (nms). (Entered: 11/10/2010) 11/10/2010 40 OPENING BRIEF in Support re 39 MOTION to Dismiss Consolidated Class Action Complaint, filed by George F. Bednarz, Steven M. Blondy.Answering Brief/Response due date per Local Rules is 11/29/2010. (Hatcher, Laura) Modified on 11/12/2010 (nms). (Entered: 11/10/2010) 11/10/2010 41 DECLARATION of James W. Ducayet re 40 Opening Brief in Support, by George F. Bednarz, Steven M. Blondy. (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2, # 3 Exhibit 3-4, # 4 Exhibit 5-13, # 5 Exhibit 14, Part 1, # 6 Exhibit 14, Part 2, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 17, # 10 Exhibit 18, # 11 Exhibit A, # 12 Exhibit B, # 13 Exhibit 2)(Hatcher, Laura) Modified on 11/12/2010 (nms). (Entered: 11/10/2010) 01/19/2011 42 ANSWERING BRIEF in Opposition re 39 MOTION To Dismiss Plaintiff's Consolidated Class Action Complaint, filed by Zhengxu He. Reply Brief due date per Local Rules is 1/31/2011. (deleeuw, Peter) Modified on 1/20/2011 (nms). (Entered: 01/19/2011) 02/23/2011 43 STIPULATION TO EXTEND TIME for Defendants to file and serve reply brief in support of Defendants' Motion to Dismiss the Consolidated Class Action Complaint to March 14, 2011 - filed by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) (Entered: 02/23/2011) 03/01/2011 44 SO ORDERED D.I. 43 STIPULATION TO EXTEND TIME for Defendants to file and serve reply brief in support of Defendants' Motion to Dismiss the Consolidated Class Action Complaint to March 14, 2011 filed by David C. Swanson, George F. Bednarz, Steven M. Blondy, R. Barry Sauder, Set Briefing Schedule: re 39 MOTION to Dismiss for Failure to State a Claim (Defendants' Motion To Dismiss Plaintiff's Consolidated Class Action Complaint). (Reply Brief due 3/14/2011.). Signed by Judge Michael M. Baylson on 2/24/2011. (dlk) (Entered: 03/01/2011) 03/14/2011 45 REPLY BRIEF re 39 MOTION to Dismiss for Failure to State a Claim, filed by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) Modified on 3/15/2011 (nms). (Entered: 03/14/2011) 03/17/2011 46 REQUEST for Oral Argument on 39 Motion to Dismiss, by Zhengxu He. (Zeldin, Jessica) Modified on 3/21/2011 (nms). (Entered: 03/17/2011) 03/21/2011 CORRECTING ENTRY: Added a link to D.I. 39 in D.I. 46. (nms) (Entered: 03/21/2011) 03/29/2011 47 NOTICE of Hearing on Motion D.I. 39 MOTION to Dismiss for Failure to State a Claim (Defendants' Motion To Dismiss Plaintiff's Consolidated Class Action Complaint) : ORAL ARGUMENT is set for 4/4/2011 at 10:30 AM before Judge Michael M. Baylson, 601 Market Street, Philadelphia, PA 19106 (dlk) (Entered: 03/29/2011) 03/31/2011 48 AMENDED Notice: The Oral Argument regarding 39 Motion to Dismiss is now set for 5/9/2011, at 4:00 PM before Judge Michael M. Baylson (see Notice for further details).(nms) (Entered: 03/31/2011) 05/03/2011 49 NOTICE of Supplemental Authority in Support 39 MOTION to Dismiss Consolidated Class Action Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hatcher, Laura) Modified on 5/4/2011 (nms). (Entered: 05/03/2011) 05/09/2011 50 MOTION for Pro Hac Vice Appearance of Attorney David J. George - filed by Zhengxu He. (Attachments: # 1 Certification by Counsel to be Admitted Pro Hac Vice)(deLeeuw, Peter) (Entered: 05/09/2011)
05/09/2011 Minute Entry for proceedings held before Judge Michael M. Baylson - Oral Argument held on 5/9/2011. (Court Reporter Janice Lutz.) (lid) (Entered: 05/12/2011) 05/12/2011 51 ORDER- Setting Scheduling Order Deadlines ( Discovery due by 10/30/2011., Motion for class certification due 8/30/2011., Answering Brief due 9/30/2011., Reply Brief due 10/15/2011., Intentions Concerning Settlement Conference due 10/30/2011., Dispositive Motions due by 11/15/2011., Reply Brief due 12/31/2011., Jury Trial set for 4/2/2012 before Judge Michael M. Baylson.) Signed by Judge Michael M. Baylson on 5/12/2011. (lid) (Entered: 05/13/2011) 05/16/2011 52 Letter to The Honorable Michael M. Baylson from Raymond J. DiCamillo regarding Court's request for Third Circuit authority. (Attachments: # 1 Exhibit A)(Hatcher, Laura) (Entered: 05/16/2011) 05/20/2011 SO ORDERED- re 50 MOTION for Pro Hac Vice Appearance of Attorney David J. George. Signed by Judge Michael M. Baylson on 5/20/2011. (lid) (Entered: 05/20/2011) 05/24/2011 53 NOTICE OF SERVICE of Defendants Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) by George F. Bednarz, Steven M. Blondy.(Hatcher, Laura) (Entered: 05/24/2011) 05/24/2011 Pro Hac Vice Attorney David J. George for Zhengxu He added for electronic noticing. (rbe) (Entered: 05/24/2011) 05/24/2011 54 MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Barber - filed by Zhengxu He. (Attachments: # 1 Certification by Counsel to be Admitted Pro Hac Vice)(deLeeuw, Peter) (Entered: 05/24/2011) 05/24/2011 55 NOTICE OF SERVICE of Lead Plaintiffs Initial Disclosures and First Requests for Production of Documents by Zhengxu He.(deLeeuw, Peter) (Entered: 05/24/2011) 05/25/2011 56 NOTICE OF SERVICE of Subpoena to Dex One Corporation by Zhengxu He.(deLeeuw, Peter) (Entered: 05/25/2011) 06/02/2011 SO ORDERED- re 54 MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Barber filed by Zhengxu He. Signed by Judge Michael M. Baylson on 6/2/2011. (lid) (Entered: 06/02/2011) 06/14/2011 57 MEMORANDUM AND ORDER denying D.I. 39 Defendants' Motion To Dismiss Plaintiff's Consolidated Class Action Complaint filed by George F. Bednarz, Steven M. Blondy. Signed by Judge Michael M. Baylson on 6/14/2011. (dlk) (Entered: 06/14/2011) 06/21/2011 58 STIPULATION and Order Extending Time for Defendants to Answer the Complaint through and including July 12, 2011 by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) Modified on 6/22/2011 (nms). (Entered: 06/21/2011) 06/23/2011 59 NOTICE OF SERVICE of Subpoenas by Zhengxu He. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29)(deLeeuw, Peter) (Entered: 06/23/2011) 06/28/2011 60 Letter to David J. George, dated June 24, 2011, from Lisa Pierro, SOP Process Specialist,
returning of a Subpoena. (nms) (Entered: 06/28/2011) 06/28/2011 61 NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 06/28/2011) 07/05/2011 62 SO ORDERED- re 58 STIPULATION and Order Extending Time for Defendants to Answer the Complaint. Set/Reset Answer Deadlines: George F. Bednarz answer due 7/12/2011; Steven M. Blondy answer due 7/12/2011; R. Barry Sauder answer due 7/12/2011; David C. Swanson answer due 7/12/2011. Signed by Judge Michael M. Baylson on 6/22/2011. (lid) (Entered: 07/05/2011) 07/06/2011 63 NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/06/2011) 07/11/2011 64 STIPULATION and [Proposed] Protective Order by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson. (Hatcher, Laura) (Entered: 07/11/2011) 07/12/2011 65 ANSWER to 30 Amended Complaint, with Jury Demand, to Consolidated Class Action Complaint for Violations of the Federal Securities Laws, by George F. Bednarz, Steven M. Blondy, R. Barry Sauder, David C. Swanson.(Hatcher, Laura) Modified on 7/13/2011 (nms). (Entered: 07/12/2011) 07/19/2011 66 STIPULATION To extend the page limits on briefing by George F. Bednarz, Steven M. Blondy, Zhengxu He, Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund, Peter J. McDonald, R. Barry Sauder, David C. Swanson. (Zeldin, Jessica) (Entered: 07/19/2011) 07/19/2011 Pro Hac Vice Attorney Kathleen L. Barber for Zhengxu He added for electronic noticing. (dmp, ) (Entered: 07/19/2011) 07/19/2011 67 NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/19/2011) 07/20/2011 68 SO ORDERED- re 64 STIPULATED Protective Order. Signed by Judge Michael M. Baylson on 7/20/2011. (lid) (Entered: 07/20/2011) 07/21/2011 69 NOTICE OF SERVICE of Withdrawal of Subpoenas re 59 Notice of Service,, by Zhengxu He. Related document: 59 Notice of Service,, filed by Zhengxu He.(deLeeuw, Peter) (Entered: 07/21/2011) 07/21/2011 70 SO ORDERED- re 66 STIPULATION to extend the page limits on briefing. Signed by Judge Michael M. Baylson on 7/21/2011. (lid) (Entered: 07/21/2011) 07/21/2011 71 NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/21/2011) 07/21/2011 72 NOTICE OF SERVICE of Subpoena by Zhengxu He. (Attachments: # 1 Exhibit 1)(deLeeuw, Peter) (Entered: 07/21/2011) 07/26/2011 73 NOTICE OF SERVICE of Subpoena Directed to SuperMedia, Inc. by George F. Bednarz, Steven M. Blondy, Peter J. McDonald, David C. Swanson. (Attachments: # 1 Subpoena)(Hatcher, Laura) (Entered: 07/26/2011) 07/27/2011 74 NOTICE OF SERVICE of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises by Zhengxu He. (Attachments: # 1 Subpoena)(Zeldin, Jessica) (Entered: 07/27/2011)
08/01/2011 75 NOTICE of Withdrawal of Subpoenas by Zhengxu He re 59 Notice of Service,, of subpoenas (Zeldin, Jessica) (Entered: 08/01/2011) 08/03/2011 76 STIPULATION TO EXTEND TIME deadlines for discovery and the filing of pre-trial motions to - filed by Zhengxu He. (deleeuw, Peter) (Entered: 08/03/2011) 08/04/2011 77 ORDER Resetting Scheduling Order Deadlines: Plaintiff shall serve expert reports (other than expert reports regarding market efficiency) by February 15,2012. Defendants shall serve expert reports (other than expert reports regarding market efficiency) by March 15,2012. All fact and expert discovery shall be completed by April 15, 2012. Counsel shall advise the Court by April 15, 2012 as to their intentions concerning a settlement conference. Dispositive motions shall be filed by April 30,2012, and all briefing shall be completed by June 15,2012. This case will likely be scheduled for trial on a date to be set as soon as practical after September 1,2012. However, if no dispositive motions are filed, or are disposed of promptly, after briefing is completed, the Court reserves the right to accelerate the trial date.the deadlines as to class briefing are as follows: A.) Plaintiffs motion for class certification (together with Plaintiffs expert report regarding market efficiency) shall be filed by September 30, 2011. B.) Defendants shall respond (together with Defendant's expert report regarding market efficiency) by October 31, 2011. C.)Plaintiff may file a reply brief (together with Plaintiff s expert rebuttal report regarding market efficiency), if any, by November 15,2011. Signed by Judge Michael M. Baylson on 8/4/2011. (nms) (Entered: 08/09/2011) 08/09/2011 78 Official Transcript of Oral Argument held on May 19, 2011 before Judge Honorable Michael M. Baylson.. (nms) (Entered: 08/09/2011) 08/12/2011 79 SUBPOENA Returned Executed as to Valuengine Inc. on 6/24/11 (rwc) (Entered: 08/12/2011) 08/17/2011 80 NOTICE OF SERVICE of Subpoena For Production Of Documents, Information, Or Objects Or To Permit Inspection Of Premises Directed To Duff & Phelps Corporation by Donald B. Biggerstaff, Zhengxu He, Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund, Private Scavenger and Garage Attendants Pension Trust Fund and Textile Maintenance and Laundry Craft Pension Fund, Marc Saggese, Vincent Vitale. (Attachments: # 1 Exhibit Subpoena (Duff & Phelps Corporation))(deLeeuw, Peter) (Entered: 08/17/2011) 08/19/2011 81 NOTICE OF SERVICE of Plaintiff's Responses And Objections To Defendants' First Request For Production Of Documents To Plaintiff by Zhengxu He.(deLeeuw, Peter) (Entered: 08/19/2011) 09/01/2011 82 NOTICE to Take Deposition of Dex One Corporation (Rule 30(b)(6) and by video) on September 26, 2011 at 9:00 a.m. by Zhengxu He.(deLeeuw, Peter) (Entered: 09/01/2011) 09/13/2011 83 MOTION for Pro Hac Vice Appearance of Attorney Colleen M. Kenney - filed by George F. Bednarz, Steven M. Blondy, Peter J. McDonald, David C. Swanson. (Hatcher, Laura) (Entered: 09/13/2011) 09/15/2011 SO ORDERED- re 83 MOTION for Pro Hac Vice Appearance of Attorney Colleen M. Kenney. Signed by Judge Michael M. Baylson on 9/15/2011. (lid) (Entered: 09/15/2011) 09/20/2011 Pro Hac Vice Attorney Colleen M. Kenney for David C. Swanson added for electronic noticing. (dmp, ) (Entered: 09/20/2011) 09/26/2011 84 NOTICE OF SERVICE of Subpoena For Production Of Documents, Information, Or
Objects Or To Permit Inspection Of Premises Directed To Alexander Proudfoot Co. by Zhengxu He.(deLeeuw, Peter) (Entered: 09/26/2011) 09/30/2011 85 MOTION For Class Certification - filed by Zhengxu He. (deleeuw, Peter) Modified on 10/3/2011 (nms). (Entered: 09/30/2011) 09/30/2011 86 OPENING BRIEF in Support re 85 MOTION For Class Certification, filed by Zhengxu He.Answering Brief/Response due date per Local Rules is 10/17/2011. (deleeuw, Peter) Modified on 10/3/2011 (nms). (Entered: 09/30/2011) 09/30/2011 87 DECLARATION Of David J. George, Esq. re 85 MOTION For Class Certify Certification, by Zhengxu He. (Attachments: # 1 Exhibit 1 - Declaration of John D. Finnerty, Ph.D., # 2 Exhibit 2 - Declaration of Zhengxu John He, # 3 Exhibit 3 - Firm resume of Robbins Geller Rudman & Dowd LLP)(deLeeuw, Peter) Modified on 10/3/2011 (nms). (Entered: 09/30/2011) 10/12/2011 88 Joint STIPULATION and Order Regarding Scheduling, by George F. Bednarz, Steven M. Blondy, Peter J. McDonald, David C. Swanson. (Hatcher, Laura) Modified on 10/13/2011 (nms). (Entered: 10/12/2011) 10/14/2011 89 SO ORDERED- re 88 Joint STIPULATION and Order Regarding Scheduling. Set Scheduling Order Deadlines ( Discovery due by 6/15/2012., Dispositive Motions due by 6/29/2012., Reply Brief due 8/15/2012.) (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Michael M. Baylson on 10/14/2011. (lid) (Entered: 10/14/2011) 12/21/2011 90 NOTICE OF SERVICE of Plaintiffs Responses And Objections To Defendants First Set Of Document Requests To Proposed Class Representative by Zhengxu He.(deLeeuw, Peter) (Entered: 12/21/2011) 01/11/2012 91 MOTION for Pro Hac Vice Appearance of Attorney Joy Bull - filed by Zhengxu He. (deleeuw, Peter) (Entered: 01/11/2012) 01/20/2012 SO ORDERED- re 91 MOTION for Pro Hac Vice Appearance of Attorney Joy Bull. Signed by Judge Michael M. Baylson on 1/20/2012. (lih) (Entered: 01/20/2012) 01/26/2012 Pro Hac Vice Attorney Joy A. Bull for Zhengxu He added for electronic noticing. (dmp, ) (Entered: 01/26/2012) 02/17/2012 92 MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT) - filed by Zhengxu He. (deleeuw, Peter) (Entered: 02/17/2012) 02/17/2012 93 OPENING BRIEF in Support re 92 MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT) filed by Zhengxu He.Answering Brief/Response due date per Local Rules is 3/5/2012. (deleeuw, Peter) (Entered: 02/17/2012) 02/17/2012 94 STIPULATION of Settlement re 93 Opening Brief in Support, 92 MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT) by Zhengxu He. (deleeuw, Peter) (Entered: 02/17/2012) 02/17/2012 95 PROPOSED ORDER Preliminarily Approving Settlement And Providing For Notice re 93 Opening Brief in Support, 92 MOTION for Settlement (UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT), 94 Stipulation by Zhengxu He. (deleeuw, Peter) (Entered: 02/17/2012)
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