U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:09-cv JW

US District Court Civil Docket as of 11/18/2011 Retrieved from the court on November 21, 2011 U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:09-cv-02147-JW Hodges v. Akeena Solar, Inc. et al Assigned to: Hon. James Ware Case in other court: U.S. Court of Appeals, 11-80080 Cause: 15:78m(a) Securities Exchange Act Date Filed: 05/18/2009 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Sharon Hodges represented by David R. Scott Scott & Scott LLP 156 South Main Street P.O. Box 192 Colchester, CT 06415 (860) 537-5537 Fax: (860) 537-4432 Email: drscott@scott-scott.com LEAD ATTORNEY Mary K. Blasy Scott + Scott LLP 707 Broadway, 10th Floor San Diego, CA 92101 619-233-4565 Fax: 619-233-0508 Email: mblasy@scott-scott.com LEAD ATTORNEY Arthur L. Shingler, III Scott Scott, LLP 600 B Street Suite 1500 San Diego, CA 92101 619-233-4565 Fax: 619-233-0508 Email: ashingler@scott-scott.com TERMINATED: 01/19/2011 Hal Davis Cunningham Scott Scott LLP 600 B Street Suite 1500

San Diego, CA 92101 (619) 233-4565 Fax: (619) 233-0508 Email: hcunningham@scott-scott.com Walter W. Noss Scott+Scott LLP 707 Broadway, Suite 1000 San Diego, CA 92101 619-233-4565 Fax: 619-233-0508 Email: wnoss@scott-scott.com Plaintiff Joel Gentleman Co-Lead represented by David R. Scott LEAD ATTORNEY Mary K. Blasy Walter W. Noss Plaintiff David H. Gordon Co-Lead represented by David R. Scott LEAD ATTORNEY Mary K. Blasy Walter W. Noss V. Defendant Akeena Solar, Inc. represented by Judson Earle Lobdell Morrison & Foerster LLp 425 Market Street

San Francisco, CA 94105-2482 415-268-6717 Fax: 415-268-7522 Email: jlobdell@mofo.com LEAD ATTORNEY Steven Mark Schatz Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 650/493-9300 Fax: 650-565-5100 Email: sschatz@wsgr.com LEAD ATTORNEY Benjamin Matthew Crosson Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 650-493-9300 Fax: 650-565-5100 Email: bcrosson@wsgr.com Dominique Chantale Alepin Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 650-493-9300 Fax: 650-493-6811 Email: dalepin@wsgr.com Jessica L. Snorgrass Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 650-849-3156 Fax: 650-565-5100 Email: jsnorgrass@wsgr.com Joni L. Ostler Wilson Sonsini Goodrich & Rosati Professional Corporation 650 Page Mill Road

Palo Alto, CA 94304 650-493-9300 Fax: 650-565-5100 Email: jostler@wsgr.com Jordan Eth Morrison & Foerster LLP 425 Market Street San Francisco, CA 94105-2482 415-268-7000 Fax: 415-268-7522 Email: jeth@mofo.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 Louis David Nefouse Wilson Sonsini Goodrich & Rosati PC 601 S. California Ave Palo Alto, CA 94107 650-565-3812 Fax: 650-493-6811 Email: dnefouse@wsgr.com Defendant Gary Effren represented by Judson Earle Lobdell LEAD ATTORNEY Steven Mark Schatz LEAD ATTORNEY Benjamin Matthew Crosson

Dominique Chantale Alepin Jessica L. Snorgrass Joni L. Ostler Jordan Eth Kelley Moohr Kinney Louis David Nefouse Defendant Barry Cinnamon represented by Judson Earle Lobdell LEAD ATTORNEY Dominique Chantale Alepin Douglas John Clark Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 650/493-9300 Fax: 650 565-5100 Email: dclark@wsgr.com

Jessica L. Snorgrass Joni L. Ostler Jordan Eth Kelley Moohr Kinney Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 650-493-9300 Fax: 650-565-5100 Email: kkinney@wsgr.com Louis David Nefouse Steven Mark Schatz Date Filed # Docket Text 05/18/2009 1 COMPLAINT (summons issued) jury demand against Akeena Solar, Inc., Barry Cinnamon, Gary Effren ( Filing fee $ 350, receipt number 54611005269.). Filed by Sharon Hodges. (cv, COURT STAFF) (Filed on 5/18/2009) (cv, COURT STAFF). (Entered: 05/18/2009) 05/18/2009 2 Summons Issued as to Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (cv, COURT STAFF) (Filed on 5/18/2009) (Entered: 05/18/2009) 05/18/2009 CASE DESIGNATED for Electronic Filing. (cv, COURT STAFF) (Filed on 5/18/2009) (Entered: 05/18/2009) 05/18/2009 3 ADR SCHEDULING ORDER: Case Management Statement due by 12/04/2009. Case Management Conference set for 12/14/2009 10:00 AM.(tsh, COURT STAFF) (Filed on 5/18/2009) (Entered: 05/21/2009) 05/26/2009 4 SUMMONS Returned Executed by Sharon Hodges. Akeena Solar, Inc. served on 5/20/2009, answer due 6/9/2009; Barry Cinnamon served on 5/20/2009, answer due

6/9/2009; Gary Effren served on 5/20/2009, answer due 6/9/2009. (Shingler, Arthur) (Filed on 5/26/2009) (Entered: 05/26/2009) 06/04/2009 5 STIPULATION and [Proposed] Order re Consolidation of Related Cases and Extending Time to Respond by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Crosson, Benjamin) (Filed on 6/4/2009) (Entered: 06/04/2009) 06/16/2009 6 ORDER DENYING STIPULATION RE:CONSOLIDATION OF RELATED CASES re 5 Stipulation. The Court declines to adopt the parties' Stipulation as premature. Once there are identifiable cases that the parties believe are related, they may file formal motions to relate and to consolidate when appropriate. Signed by Judge James Ware on 6/16/2009. (ecg, COURT STAFF) (Filed on 6/16/2009) (Entered: 06/16/2009) 07/17/2009 7 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Sharon Hodges. Motion Hearing set for 10/26/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order)(Cunningham, Hal) (Filed on 7/17/2009) (Entered: 07/17/2009) 07/17/2009 8 MOTION to Appoint Lead Plaintiff and Lead Counsel and Memorandum In Support filed by John Wotring. Motion Hearing set for 8/24/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Filed on 7/17/2009) (Entered: 07/17/2009) 07/17/2009 9 Declaration of Laurence Rosen in Support of 8 MOTION to Appoint Lead Plaintiff and Lead Counsel and Memorandum In Support filed byjohn Wotring. (Attachments: # 1 Errata 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 8 ) (Rosen, Laurence) (Filed on 7/17/2009) (Entered: 07/17/2009) 07/23/2009 10 CLERKS NOTICE Continuing Motion Hearing re 8 Motion to Appoint Lead Plaintiff and Lead Counsel from 8/24/2009 to 10/26/2009. Motion Hearing set for 10/26/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 7/23/2009) (Entered: 07/23/2009) 10/05/2009 11 Memorandum in Opposition re 8 MOTION to Appoint Lead Plaintiff and Lead Counsel and Memorandum In Support filed bysharon Hodges. (Cunningham, Hal) (Filed on 10/5/2009) (Entered: 10/05/2009) 10/12/2009 12 Memorandum in Opposition re 7 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byjohn Wotring. (Rosen, Laurence) (Filed on 10/12/2009) (Entered: 10/12/2009) 10/13/2009 13 RESPONSE in Support re 7 MOTION to Appoint Lead Plaintiff and Lead Counsel filed bysharon Hodges. (Cunningham, Hal) (Filed on 10/13/2009) (Entered: 10/13/2009) 10/21/2009 14 ORDER APPOINTING LEAD PLAINTIFFS AND LEAD COUNSEL by Judge James Ware granting 7 Motion to Appoint Lead Plaintiff and Lead Counsel ; denying 8 Motion to Appoint Lead Plaintiff and Lead Counsel (jwlc3, COURT STAFF) (Filed on 10/21/2009) (Entered: 10/21/2009) 11/16/2009 15 STIPULATION and Proposed Scheduling Order by Sharon Hodges. (Blasy, Mary) (Filed on 11/16/2009) (Entered: 11/16/2009)

12/04/2009 16 12/04/2009 17 12/08/2009 18 12/09/2009 19 12/11/2009 20 12/14/2009 21 01/19/2010 22 02/12/2010 23 02/12/2010 24 02/12/2010 25 Certificate of Interested Entities by Akeena Solar, Inc., Barry Cinnamon, Gary Effren identifying Other Affiliate National Union Fire Insurance Co. of Pittsburgh, PA, Other Affiliate CNA Global Specialty Lines, Other Affiliate Chubb Group of Insurance Companies for Akeena Solar, Inc., Barry Cinnamon, Gary Effren. and Corporate Disclosure Statement Pursuant to Fed.R.Civ.P.7.1 (Kinney, Kelley) (Filed on 12/4/2009) (Entered: 12/04/2009) JOINT CASE MANAGEMENT STATEMENT filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Kinney, Kelley) (Filed on 12/4/2009) Modified on 12/7/2009(counsel selected incorrect event.) (cv, COURT STAFF). (Entered: 12/04/2009) STIPULATION AND ORDER RE SCHEDULING ORDER re 15 Stipulation, 17 Case Management Statement. Amended Pleadings due by 12/9/2009. Deadline to File Motions to Dismiss due by 2/12/2010. Oppositions due 3/29/2010. Replies due 4/30/2009. Motion Hearing set for 5/24/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. The Case Management Conference set for 12/14/2009 is VACATED. The Court will set a new date in its Order addressing Defendants' Motion to Dismiss. Signed by Judge James Ware on 12/8/2009. (ecg, COURT STAFF) (Filed on 12/8/2009) (Entered: 12/08/2009) STIPULATION and Proposed Order by Sharon Hodges. (Blasy, Mary) (Filed on 12/9/2009) (Entered: 12/09/2009) AMENDED COMPLAINT against Akeena Solar, Inc., Barry Cinnamon, Gary Effren. Filed bylead Plaintiffs. (Blasy, Mary) (Filed on 12/11/2009) (Entered: 12/11/2009) SECOND STIPULATION RE SCHEDULING ORDER re 19 Stipulation. Amended Pleadings due by 12/11/2009. Deadline to File Motions to Dismiss due by 2/12/2010. Oppositions due 3/29/2010. Replies due 4/30/2009. Motion Hearing set for 5/24/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 12/14/2009. (ecg, COURT STAFF) (Filed on 12/14/2009) (Entered: 12/14/2009) ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Patricia V. Trumbull for all discovery matters. Judge Richard Seeborg no longer assigned to the case.signed by The Executive Committee on 01/19/2010. (tsh, COURT STAFF) (Filed on 1/19/2010) (Entered: 01/19/2010) MOTION to Dismiss AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. Motion Hearing set for 5/24/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) Declaration of DOMINIQUE-CHANTALE ALEPIN IN SUPPORT OF DEFENDANTS' 23 MOTION TO DISMISS AMENDED COMPLAINT filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Kinney, Kelley) (Filed on 2/12/2010) Modified on 2/19/2010,(counsel failed to properly link to motion.) (cv, COURT STAFF). (Entered: 02/12/2010) EXHIBITS re 24 Declaration in Support, EXHIBIT 7 (PART 1 OF 2) filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit Part 1 of Exhibit

7)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 26 EXHIBITS re 24 Declaration in Support, 25 Exhibits EXHIBIT 7 (PART 2 OF 2) filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit Part 2 of Exhibit 7)(Related document(s) 24, 25 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 27 EXHIBITS re 24 Declaration in Support, EXHIBITS 8 THROUGH 11 filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 28 EXHIBITS re 24 Declaration in Support, EXHIBITS 12 THROUGH 16 filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 29 EXHIBITS re 24 Declaration in Support, EXHIBIT 17 filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 17)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 30 EXHIBITS re 24 Declaration in Support, EXHIBIT 18 filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 18)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 31 EXHIBITS re 24 Declaration in Support, EXHIBIT 19 filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 19)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 32 EXHIBITS re 24 Declaration in Support, EXHIBIT 20 filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 20)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 33 EXHIBITS re 24 Declaration in Support, EXHIBITS 21 THROUGH 23 filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23)(Related document(s) 24 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 02/12/2010 34 Request for Judicial Notice re 23 MOTION to Dismiss AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Related document(s) 23 ) (Kinney, Kelley) (Filed on 2/12/2010) (Entered: 02/12/2010) 03/23/2010 35 STIPULATION RE [PROPOSED] SCHEDULING ORDER by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Kinney, Kelley) (Filed on 3/23/2010) (Entered: 03/23/2010) 03/29/2010 36 STIPULATION AND ORDER Granting Modification to Scheduling Order for Briefing on Motion to Dismiss re 35 Stipulation. Signed by Judge James Ware on 3/29/2010. (ecg, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/29/2010) 03/31/2010 37 Memorandum in Opposition to Defendants' 23 Motion to Dismiss Amended Complaint for Violations of the Federal Securities Laws filed by Lead Plaintiffs. (Attachments: #

1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proposed Order)(Blasy, Mary) (Filed on 3/31/2010) Modified on 4/1/2010,(counsel failed to properly link to motion.) (cv, COURT STAFF). (Entered: 03/31/2010) 03/31/2010 38 05/03/2010 39 05/07/2010 40 05/07/2010 41 05/07/2010 42 05/10/2010 43 05/20/2010 44 05/20/2010 06/02/2010 45 MOTION to Strike and Objection to Defendants' 34 Request for Judicial Notice filed by Lead Plaintiffs. Motion Hearing set for 5/24/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 3/31/2010) Modified on 4/1/2010,(counsel failed to properly link to motion.) (cv, COURT STAFF). (Entered: 03/31/2010) Memorandum in Opposition Defendants' Opposition to Plaintiffs' Motion to Strike and Objection to Request For Judicial Notice; Reply in Support of Request For Judicial Notice filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Alepin, Dominique) (Filed on 5/3/2010) (Entered: 05/03/2010) RESPONSE in Support of Defendants' 23 Motion to Dismiss Amended Complaint for Violations of the Federal Securities Laws filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Kinney, Kelley) (Filed on 5/7/2010) Modified on 5/10/20 10,( counsel failed to properly link to motion.) (cv, COURT STAFF). (Entered: 05/07/2010) Supplement to request for judicial notice in Support of Defendants' 23 Motion to Dismiss Amended Complaint for Violations of the Federal Securities Laws filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Kinney, Kelley) (Filed on 5/7/2010) Modified on 5/10/2010,( counsel failed to properly link to motion.) (cv, COURT STAFF). (Entered: 05/07/2010) Supplemental declaration of Dominique-Chantale Alepin in Support of Defendants' 23 Motion to Dismiss Amended Complaint filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 24, # 2 Exhibit 25, # 3 Exhibit 26, # 4 Exhibit 27, # 5 Exhibit 28)(Kinney, Kelley) (Filed on 5/7/2010) Modified on 5/10/2010,( counsel failed to properly link to motion.) (cv, COURT STAFF). (Entered: 05/07/2010) Reply Memorandum re 38 MOTION to Strike and Objection to Defendants' Request for Judicial Notice filed bylead Plaintiffs. (Blasy, Mary) (Filed on 5/10/2010) (Entered: 05/10/2010) ORDER DENYING DEFENDANTS MOTION TO DISMISS by Judge James Ware denying 38 Motion to Strike ; denying 23 Motion to Dismiss (jwlc2, COURT STAFF) (Filed on 5/20/2010) (Entered: 05/20/2010) ***Deadlines terminated. Set Deadlines/Hearings: 44 Order on Motion to Strike, Order on Motion to Dismiss. Joint Case Management Statement due by 6/4/2010. Further Case Management Conference set for 6/14/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 5/20/2010) (Entered: 05/20/2010) STIPULATION and [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Kinney, Kelley) (Filed on 6/2/2010) (Entered: 06/02/2010)

06/03/2010 46 STIPULATION AND ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT re 45 Stipulation. Answer due 6/9/2010. Signed by Judge James Ware on 6/3/2010. (ecg, COURT STAFF) (Filed on 6/3/2010) (Entered: 06/03/2010) 06/04/2010 47 CASE MANAGEMENT STATEMENT (Joint) filed by Lead Plaintiffs. (Blasy, Mary) (Filed on 6/4/2010) (Entered: 06/04/2010) 06/09/2010 48 Defendants' ANSWER to Amended Complaint For Violations of the Federal Securities Laws byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Schatz, Steven) (Filed on 6/9/2010) (Entered: 06/09/2010) 06/10/2010 49 SCHEDULING ORDER: The Case Management Conference set for 6/14/2010 is VACATED. The parties are ordered to comply with the following scheduling order: Deadline for parties to contact Court's ADR Program due 6/23/2010. Close of All Discovery due by 8/1/2011. Last Date for Hearing Dispositive Motions due by 10/3/2011. Preliminary Pretrial Conference statement due 9/17/2011. Preliminary Pretrial Conference set for 6/27/2011 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. *** CMC Deadlines terminated. Signed by Judge James Ware on 6/10/2010. (ecg, COURT STAFF) (Filed on 6/10/2010) (Entered: 06/10/2010) 06/11/2010 50 ADR Clerks Notice Setting ADR Phone Conference on 6/28/10 at 10:30 a.m. Please take note that at the appointed time, all parties shall call 213-289-0500 and use access code 3660413. (sgd, COURT STAFF) (Filed on 6/11/2010) (Entered: 06/11/2010) 06/22/2010 51 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Blasy, Mary) (Filed on 6/22/2010) (Entered: 06/22/2010) 06/22/2010 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Alepin, Dominique) (Filed on 6/22/2010) (Entered: 06/22/2010) 06/22/2010 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Alepin, Dominique) (Filed on 6/22/2010) (Entered: 06/22/2010) 06/22/2010 54 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Alepin, Dominique) (Filed on 6/22/2010) (Entered: 06/22/2010) 06/23/2010 55 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should be Related Pursuant to L.R. 3-12 filed by Evelyn Sabbag. (Attachments: # 1 Proposed Order)(Umeda, Marc) (Filed on 6/23/2010) (Entered: 06/23/2010) 06/23/2010 56 Declaration of Marc M. Umeda in Support of 55 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should be Related Pursuant to L.R. 3-12 filed byevelyn Sabbag. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 55 ) (Umeda, Marc) (Filed on 6/23/2010) (Entered: 06/23/2010) 06/24/2010 57 STIPULATION and Proposed Scheduling Order by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Alepin, Dominique) (Filed on 6/24/2010) (Entered: 06/24/2010)

06/25/2010 58 MOTION for leave to appear in Pro Hac Vice of Attorney Walter W. Noss ( Filing fee $ 210, receipt number 54611007598.) filed by Sharon Hodges. (Attachments: # 1 Proposed Order)(cv, COURT STAFF) (Filed on 6/25/2010) (Entered: 06/25/2010) 06/25/2010 59 MOTION for leave to appear in Pro Hac Vice of Attorney David R. Scott( Filing fee $ 210, receipt number 54611007597.) filed by Joel Gentleman, David H. Gordon, Sharon Hodges. (Attachments: # 1 Proposed Order)(cv, COURT STAFF) (Filed on 6/25/2010) (Entered: 06/25/2010) 06/28/2010 60 ORDER Granting 58 Motion for Pro Hac Vice of Attorney Walter W. Noss. Signed by Judge James Ware on 6/28/2010. (ecg, COURT STAFF) (Filed on 6/28/2010) (Entered: 06/28/2010) 06/28/2010 61 ORDER Granting 59 Motion for Pro Hac Vice of Attorney David R. Scott. Signed by Judge James Ware on 6/28/2010. (ecg, COURT STAFF) (Filed on 6/28/2010) (Entered: 06/28/2010) 06/28/2010 ADR Remark: ADR Phone Conference held by DB on 6/28/10. (sgd, COURT STAFF) (Filed on 6/28/2010) (Entered: 06/28/2010) 06/29/2010 62 STIPULATION AND ORDER AS MODIFIED BY THE COURT to Modify Scheduling Order re 57 Stipulation. Signed by Judge James Ware on 6/29/2010. (ecg, COURT STAFF) (Filed on 6/29/2010) (Entered: 06/29/2010) 07/09/2010 63 ORDER Denying 55 Motion to Relate Case. The Court finds that 5:09-cv-02147-JW and 5:10-cv-02735-JF are NOT related within the meaning of Rule 3-12(a). Signed by Judge James Ware on 7/9/2010. (ecg, COURT STAFF) (Filed on 7/9/2010) (Entered: 07/09/2010) 07/27/2010 64 NOTICE of Change of Address by Mary K. Blasy (Blasy, Mary) (Filed on 7/27/2010) (Entered: 07/27/2010) 08/10/2010 65 MOTION to Quash or MOTION to Modify Plaintiffs' Subpoenas to Nonparties, and MOTION for a Protective Order filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. Motion Hearing set for 9/14/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Kinney, Kelley) (Filed on 8/10/2010) Modified on 1/25/2011,(counsel failed to properly select multiple motions.) (cv, COURT STAFF). (Entered: 08/10/2010) 08/10/2010 66 Declaration of L. David Nefouse in Support of 65 MOTION to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 1 through 6, # 2 Exhibit 7 through 17, # 3 Exhibit 18 through 28, # 4 Exhibit 29 through 40, # 5 Exhibit 41 through 51, # 6 Exhibit 52 through 63)(Related document(s) 65 ) (Kinney, Kelley) (Filed on 8/10/2010) (Entered: 08/10/2010) 08/10/2010 67 Declaration of Dominique-Chantale Alepin in Support of 65 MOTION to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Related document(s) 65 ) (Kinney, Kelley) (Filed on 8/10/2010) (Entered: 08/10/2010) 08/19/2010 68 Proposed Order Proposed Stipulated Protective Order by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Alepin, Dominique) (Filed on 8/19/2010) (Entered: 08/19/2010)

08/24/2010 69 Memorandum in Opposition re 65 MOTION to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order filed bysharon Hodges. (Blasy, Mary) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/24/2010 70 AFFIDAVIT in Opposition re 65 MOTION to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order Of Mary K. Blasy filed bysharon Hodges. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Blasy, Mary) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/24/2010 71 EXHIBITS re 70 Affidavit in Opposition to Motion, filed bysharon Hodges. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J)(Related document(s) 70 ) (Blasy, Mary) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/24/2010 72 EXHIBITS re 70 Affidavit in Opposition to Motion, Exhibit K, Part One filed bysharon Hodges. (Related document(s) 70 ) (Blasy, Mary) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/24/2010 73 EXHIBITS re 70 Affidavit in Opposition to Motion, Exhibit K, Part Two filed bysharon Hodges. (Related document(s) 70 ) (Blasy, Mary) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/24/2010 74 EXHIBITS re 70 Affidavit in Opposition to Motion, filed bysharon Hodges. (Attachments: # 1 Exhibit M, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8 Exhibit T, # 9 Exhibit U, # 10 Exhibit V, # 11 Exhibit W, # 12 Exhibit X)(Related document(s) 70 ) (Blasy, Mary) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/31/2010 75 Reply Memorandum re 65 MOTION to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Nefouse, Louis) (Filed on 8/31/2010) (Entered: 08/31/2010) 08/31/2010 76 Declaration of L. David Nefouse in Support of 75 Reply Memorandum, 65 MOTION to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order [Supplemental Declaration in Support of Reply Memorandum] filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibits 64 to 68)(Related document(s) 75, 65 ) (Nefouse, Louis) (Filed on 8/31/2010) (Entered: 08/31/2010) 09/14/2010 77 Minute Entry: Motion Hearing held on 9/14/2010 before Magistrate Judge Patricia V. Trumbull (Date Filed: 9/14/2010) re 65 (Court Reporter Irene Rodriguez.) (pmc, COURT STAFF) (Date Filed: 9/14/2010) (Entered: 09/14/2010) 09/17/2010 78 ORDER re 65 Denying in Part and Deferring in Part Defendants Motion to Quash or Modify Subpoenas, and for a Protective Order. Signed by Judge Patricia V. Trumbull on 9/16/10. (pvtlc1) (Filed on 9/17/2010) (Entered: 09/17/2010) 09/27/2010 79 Brief re 69 Memorandum in Opposition Supplemental Brief re Defendants' Motion to Quash filed byjoel Gentleman, David H. Gordon, Sharon Hodges. (Related document(s) 69 ) (Blasy, Mary) (Filed on 9/27/2010) (Entered: 09/27/2010) 09/27/2010 80 Brief re 65 MOTION to Quash or Modify Plaintiffs' Subpoenas to Nonparties, andfor a Protective Order (Supplemental) filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Related document(s) 65 ) (Nefouse, Louis) (Filed on 9/27/2010) (Entered: 09/27/2010)

09/27/2010 81 09/27/2010 82 10/01/2010 83 10/12/2010 84 10/14/2010 85 10/22/2010 86 10/22/2010 87 10/22/2010 88 10/28/2010 89 Declaration of Hugh Jackson in Support of 80 Brief, (Supplemental) Brief re Motion to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Related document(s) 80 ) (Nefouse, Louis) (Filed on 9/27/2010) (Entered: 09/27/2010) Declaration of Catherine Bechtel in Support of 80 Brief, (Supplemental) Brief re Motion to Quash or Modify Plaintiffs' Subpoenas to Nonparties, and for a Protective Order filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Related document(s) 80 ) (Nefouse, Louis) (Filed on 9/27/2010) (Entered: 09/27/2010) Transcript of Proceedings held on 09/14/2010, before Judge Trumbull. Court Reporter/Transcriber (408)947-8160, Telephone number Irene L. Rodriguez. 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. Redaction Request due 10/22/2010. Redacted Transcript Deadline set for 11/1/2010. Release of Transcript Restriction set for 12/30/2010. (Rodriguez, Irene) (Filed on 10/1/2010) (Entered: 10/01/2010) STIPULATION and Proposed Order re Briefing Schedule on Class Certification Motion by Joel Gentleman, David H. Gordon, Sharon Hodges. (Blasy, Mary) (Filed on 10/12/2010) (Entered: 10/12/2010) STIPULATION AND ORDER Granting Briefing Schedule for Class Certification re 84 Stipulation. Set/Reset Deadlines as to 84 Stipulation: Motion due 10/22/2010. Responses due by 12/8/2010. Replies due by 1/14/2011. Motion Hearing set for 2/7/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 10/14/2010. (ecg, COURT STAFF) (Filed on 10/14/2010) Modified on 10/14/2010 (cv, COURT STAFF). (Entered: 10/14/2010) *** Please see *** 94 Amended/Corrected MOTION to Certify Class filed by Joel Gentleman, David H. Gordon, Sharon Hodges. Motion Hearing set for 2/7/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 10/22/2010) Modified on 11/15/2010 (cv, COURT STAFF). (Entered: 10/22/2010) Declaration of Mary K. Blasy in Support of 86 MOTION to Certify Class filed byjoel Gentleman, David H. Gordon, Sharon Hodges. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 86 ) (Blasy, Mary) (Filed on 10/22/2010) (Entered: 10/22/2010) Declaration of Beth Charlesworth in Support of 86 MOTION to Certify Class filed byjoel Gentleman, David H. Gordon, Sharon Hodges. (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)(Related document(s) 86 ) (Blasy, Mary) (Filed on 10/22/2010) (Entered: 10/22/2010) NOTICE of Appearance by Joni L. Ostler (Ostler, Joni) (Filed on 10/28/2010) (Entered: 10/28/2010)

11/01/2010 90 NOTICE of Appearance by Jessica L. Snorgrass (Snorgrass, Jessica) (Filed on 11/1/2010) (Entered: 11/01/2010) 11/12/2010 91 STIPULATION and Proposed Order re Briefing Schedule on Lead Plaintiffs' Motion for Class Certification by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Schatz, Steven) (Filed on 11/12/2010) (Entered: 11/12/2010) 11/15/2010 92 MOTION to Withdraw Sharon Hodges as a Representative Plaintiff filed by Joel Gentleman, David H. Gordon, Sharon Hodges. Motion Hearing set for 2/7/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 11/15/2010) (Entered: 11/15/2010) 11/15/2010 93 Declaration of Mary K. Blasy in Support of 92 MOTION to Withdraw Sharon Hodges as a Representative Plaintiff filed byjoel Gentleman, David H. Gordon, Sharon Hodges. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 92 ) (Blasy, Mary) (Filed on 11/15/2010) (Entered: 11/15/2010) 11/15/2010 94 MOTION to Certify Class *** CORRECTION TO 86 MOTION filed by Joel Gentleman, David H. Gordon. Motion Hearing set for 2/7/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 11/15/2010) Modified on 11/15/2010 (cv, COURT STAFF). (Entered: 11/15/2010) 11/17/2010 95 STIPULATION AND ORDER Granting Briefing Schedule on Lead Plaintiffs' Motion for Class Certification re 91 Stipulation. Signed by Judge James Ware on 11/17/2010. (ecg, COURT STAFF) (Filed on 11/17/2010) (Entered: 11/17/2010) 12/06/2010 Case reassigned to Magistrate Judge Paul Singh Grewal for all discovery purposes. Magistrate Judge Patricia V. Trumbull no longer assigned to the case. (sp, COURT STAFF) (Filed on 12/6/2010) (Entered: 12/17/2010) 12/10/2010 96 Memorandum in Opposition re 92 MOTION to Withdraw Sharon Hodges as a Representative Plaintiff Defendants' Response to Plaintiff Sharon Hodges' Motion to Withdraw as a Representative Plaintiff, and Opposition to Plaintiff Sharon Hodges' Motion for Protective Order filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Proposed Order)(Alepin, Dominique) (Filed on 12/10/2010) (Entered: 12/10/2010) 12/10/2010 97 Declaration of Dominique-Chantale Alepin in Support of 96 Memorandum in Opposition, filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Related document(s) 96 ) (Alepin, Dominique) (Filed on 12/10/2010) (Entered: 12/10/2010) 12/10/2010 98 Proposed Order Stipulation and [Proposed] Order Expanding Page Limits for Defendants' Opposition to Plaintiffs' Motion for Class Certification and Plaintiffs' Reply in Support Thereof by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Ostler, Joni) (Filed on 12/10/2010) (Entered: 12/10/2010) 12/13/2010 99 STIPULATION AND ORDER Granting Request to Expand Page Limits for Defendants' Opposition to Plaintiffs' Motion for Class Certification and Plaintiffs' Reply in Support re 98 Proposed Order. Signed by Judge James Ware on 12/13/2010.

(ecg, COURT STAFF) (Filed on 12/13/2010) (Entered: 12/13/2010) 12/13/2010 100 Memorandum in Opposition to Plaintiffs' 94 Motion for Class Certification filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Proposed Order)(Snorgrass, Jessica) (Filed on 12/13/2010) Modified on 12/15/2010 (cv, COURT STAFF). (Entered: 12/13/2010) 12/13/2010 101 DECLARATION of Jessica L. Snorgrass in support of 100 Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 1 through 7, # 2 Exhibit 8 through 15)(Related document(s) 100 ) (Snorgrass, Jessica) (Filed on 12/13/2010) Modified on 12/15/2010 (cv, COURT STAFF). (Entered: 12/13/2010) 12/13/2010 102 DECLARATION of Raymund Wong in Opposition to 100 Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit 1 and 2)(Related document(s) 100 ) (Snorgrass, Jessica) (Filed on 12/13/2010) (Entered: 12/13/2010) 12/16/2010 103 ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR DISPOSITION. Pursuant to Civil Local Rule 72-1, the Court refers the parties request for Protective Order and request the related discovery in Docket Item No. 92 to Magistrate Judge Grewal for disposition. The moving party shall renotice the Motion before Judge Grewal in accordance with the Judge's civil calendar. Signed by Judge James Ware on 12/16/2010. (ecg, COURT STAFF) (Filed on 12/16/2010) (Entered: 12/16/2010) 12/21/2010 104 NOTICE by Joel Gentleman, David H. Gordon of Hearing on Lead Plaintiffs' Motion for a Protective Order (Blasy, Mary) (Filed on 12/21/2010) (Entered: 12/21/2010) 12/22/2010 105 CLERKS NOTICE RESETTING TIME ON PLAINTIFF'S 65 MOTION FOR A PROTECTIVE ORDER: Motion reset for 2/8/2011 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. (ofr, COURT STAFF) (Filed on 12/22/2010) Modified on 1/25/2011 (cv, COURT STAFF). (Entered: 12/22/2010) 12/22/2010 Set/Reset Deadlines as to 65 MOTION to Quash. Motion Hearing set for 2/8/2011 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. pursuant to 105 Clerk's Notice (cv, COURT STAFF) (Filed on 12/22/2010) (Entered: 01/25/2011) 01/07/2011 106 STIPULATION and [Proposed] Order re: Briefing Schedule on Motion for Class Certification by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 1/7/2011) (Entered: 01/07/2011) 01/11/2011 107 STIPULATION AND ORDER Granting Extension re Briefing Schedule on Motion for Class Certification re 106 Stipulation. Reply due 1/19/2011. Motion hearing set for 2/7/2011 at 9:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 1/11/2011. (ecg, COURT STAFF) (Filed on 1/11/2011) (Entered: 01/11/2011) 01/18/2011 108 NOTICE by Joel Gentleman, David H. Gordon of Withdrawal of Attorney Arthur L. Shingler (Blasy, Mary) (Filed on 1/18/2011) (Entered: 01/18/2011) 01/19/2011 109 Reply Memorandum in Further Support of 94 Motion for Class Certification filed by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 1/19/2011) Modified on

1/20/2011,(link to motion.) (cv, COURT STAFF). (Entered: 01/19/2011) 01/19/2011 110 Declaration of Mary K. Blasy in Support of 109 Reply Memorandum for Class Certification filed byjoel Gentleman, David H. Gordon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 109 ) (Blasy, Mary) (Filed on 1/19/2011) (Entered: 01/19/2011) 01/21/2011 111 CLERKS NOTICE Continuing Motion Hearing re 91 Motion to Withdraw Representative Plaintiff and 94 Motion for Class Certification. Motion Hearing set for 2/28/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 1/21/2011) (Entered: 01/21/2011) 01/21/2011 Set/Reset Deadlines as to 94 MOTION to Certify Class [CORRECTED] MOTION to Certify Class [CORRECTED], 92 MOTION to Withdraw Sharon Hodges as a Representative Plaintiff : Motion Hearing set for 2/28/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 1/21/2011) (Entered: 01/21/2011) 01/24/2011 112 Reply Memorandum in Further Support of 65 Motion by Plaintiff Sharon Hodges for a Protective order filed by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 1/24/2011) Modified on 1/25/2011,Link to motion.) (cv, COURT STAFF). (Entered: 01/24/2011) 01/24/2011 113 Declaration of Mary K. Blasy in Further Support of 65 Motion by Plaintiff Sharon Hodges for a Protective Order filed by Joel Gentleman, David H. Gordon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Blasy, Mary) (Filed on 1/24/2011) Modified on 1/25/2011,(link to motion.) (cv, COURT STAFF). (Entered: 01/24/2011) 01/26/2011 114 Statement Defendants' Statement of Recent Decision by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Attachments: # 1 Exhibit A - Supreme Court Docket)(Alepin, Dominique) (Filed on 1/26/2011) (Entered: 01/26/2011) 02/08/2011 115 Minute Entry: Motion for Protective Order (Doc. 104) held on 2/8/2011 before Magistrate Judge Paul S. Grewal. THE COURT TAKES MATTER UNDER SUBMISSION; WRITTEN ORDER AFTER HEARING TO BE ISSUED. (Date Filed: 2/8/2011). (Court Reporter Lee-Anne Shortridge.) (ofr, COURT STAFF) (Date Filed: 2/8/2011) (Entered: 02/08/2011) 02/08/2011 116 ORDER Denying Plaintiff Sharon Hodges' Motion for a Protective Order re 92. Signed by Judge Paul S. Grewal on February 8, 2011. (psglc2, COURT STAFF) (Filed on 2/8/2011) (Entered: 02/08/2011) 02/25/2011 117 Letter from Steven M. Schatz dated 2/24/11 re: 94 MOTION for Class Certification. (cv, COURT STAFF) (Filed on 2/25/2011) (Entered: 02/25/2011) 02/25/2011 118 Letter from Mary K. Blasy dated 2/24/11 re: 94 MOTION for Class Certification. (cv, COURT STAFF) (Filed on 2/25/2011) (Entered: 02/25/2011) 02/28/2011 119 Minute Entry: Motion Hearing held on 2/28/2011 before Judge James Ware (Date Filed: 2/28/2011) re 94 MOTION to Certify Class [CORRECTED] MOTION to Certify Class [CORRECTED] filed by David H. Gordon, Joel Gentleman, 92 MOTION to Withdraw Sharon Hodges as a Representative Plaintiff filed by Sharon Hodges, David H. Gordon, Joel Gentleman. Matters submitted. The Court to issue

further Order on Motions and further Case Management Conference date. (Court Reporter Irene Rodriguez.) (ecg, COURT STAFF) (Date Filed: 2/28/2011) (Entered: 03/01/2011) 03/03/2011 120 Transcript of Proceedings held on 02/28/2011, before Judge Ware. Court Reporter/Transcriber Irene L. Rodriguez, Telephone number (408)947-8160. 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. Redaction Request due 3/24/2011. Redacted Transcript Deadline set for 4/4/2011. Release of Transcript Restriction set for 6/1/2011. (Rodriguez, Irene) (Filed on 3/3/2011) (Entered: 03/03/2011) 03/10/2011 121 ORDER Granting 92 Motion to Withdraw ; Granting 94 Motion to Certify Class. On or before March 21, 2011, the parties shall file a proposed form of class notice and a joint proposal for dissemination of notice. Signed by Judge James Ware on 3/10/2011 (jwlc2, COURT STAFF) (Filed on 3/10/2011) Modified on 3/10/2011 (ecgs, COURT STAFF). (Entered: 03/10/2011) 03/21/2011 122 Statement re 121 Order on Motion to Withdraw,, Order on Motion to Certify Class, Defendants' Proposal Concerning Form of Notice and Request for Deferral of Dissemination of Notice Pursuant to March 10, 2011 Order by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Snorgrass, Jessica) (Filed on 3/21/2011) (Entered: 03/21/2011) 03/21/2011 123 MOTION to Approve the Form of Notice to the Class; to Approve Lead Plaintiffs' Plan of Notice and to Approve Lead Plaintiffs' Selection of Notice Administrator filed by Joel Gentleman, David H. Gordon. Motion Hearing set for 6/27/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco before Hon. James Ware. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 3/21/2011) (Entered: 03/21/2011) 03/21/2011 124 Declaration of Mary K. Blasy in Support of 123 MOTION to Approve the Form of Notice to the Class; to Approve Lead Plaintiffs' Plan of Notice and to Approve Lead Plaintiffs' Selection of Notice Administrator filed byjoel Gentleman, David H. Gordon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 123 ) (Blasy, Mary) (Filed on 3/21/2011) (Entered: 03/21/2011) 03/24/2011 125 USCA Case Number 11-80080 9th Circuit Court of Appeals PETITION FOR PERMISSION TO APPEAL PURSUANT TO RULE 1292(b). SERVED ON 03/24/2011. (Attachments: # 1 USCA Number)(cv, COURT STAFF) (Filed on 3/24/2011) (Additional attachment(s) added on 3/29/2011: # 2 USCA ORDER, # 3 Errata pages 51-118) (cv, COURT STAFF). (Entered: 03/29/2011) 04/04/2011 126 ORDER APPROVING 123 PLAINTIFFS' PROPOSED CLASS NOTICE; STAYING DISSEMINATION OF CLASS NOTICE FOR 30 DAYS. In light of the parties' contentions, the Court finds good cause to postpone dissemination of the class notice for thirty days, to allow the parties to engage in good faith mediation efforts and to provide Defendants sufficient time to seek a stay of proceedings pending its appeal of this Court's Order granting class certification. Accordingly, dissemination of the class

notice will be stayed for thirty days until May 4, 2011. Signed by Judge James Ware on April 4, 2011. (jwlc2, COURT STAFF) (Filed on 4/4/2011) Modified on 4/5/2011 (ecg, COURT STAFF). (Entered: 04/04/2011) 04/22/2011 127 ORDER To Show Cause Why 65 Motion to Quash Should Not Be Denied As Moot. Signed by Judge Paul S. Grewal on April 22, 2011. (psglc2, COURT STAFF) (Filed on 4/22/2011) (Entered: 04/22/2011) 05/03/2011 128 STIPULATION and [Proposed] Order re Notice to Class by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 5/3/2011) (Entered: 05/03/2011) 05/03/2011 129 RESPONSE (re 65 MOTION to Quash ) TO APRIL 22, 2011 ORDER TO SHOW CAUSE WHY MOTION TO QUASH SHOULD NOT BE DENIED AS MOOT filed byakeena Solar, Inc., Barry Cinnamon, Gary Effren. (Kinney, Kelley) (Filed on 5/3/2011) (Entered: 05/03/2011) 05/03/2011 ***Deadlines terminated. 127 TERMINATING 5/10/2011 ORDER TO SHOW CAUSE HEARING. (ofr, COURT STAFF) (Filed on 5/3/2011) (Entered: 05/06/2011) 05/04/2011 130 STIPULATION AND ORDER RE: NOTICE TO CLASS. Signed by Judge James Ware on 5/4/11. (sis, COURT STAFF) (Filed on 5/4/2011) (Entered: 05/04/2011) 05/06/2011 131 ORDER Deferring 65 MOTION to Quash. Signed by Judge Paul S. Grewal on May 6, 2011. (psglc2, COURT STAFF) (Filed on 5/6/2011) (Entered: 05/06/2011) 06/21/2011 132 ORDER CONTINUING PRETRIAL CONFERENCE Joint Preliminary Pretrial Conference Statement due by 9/2/2011. Pretrial Conference set for 9/12/2011 10:00 AM in Courtroom 15, 18th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 6/21/11. (sis, COURT STAFF) (Filed on 6/21/2011) (Entered: 06/21/2011) 07/11/2011 133 NOTICE of Substitution of Counsel by Judson Earle Lobdell (Lobdell, Judson) (Filed on 7/11/2011) (Entered: 07/11/2011) 07/11/2011 134 MOTION to Substitute Attorney and [Proposed] Order filed by Akeena Solar, Inc., Barry Cinnamon, Gary Effren. (Lobdell, Judson) (Filed on 7/11/2011) (Entered: 07/11/2011) 07/12/2011 135 ORDER by Judge James Ware granting 134 Motion to Substitute Attorney. Added attorney Jordan Eth for Akeena Solar, Inc.,Jordan Eth for Barry Cinnamon,Jordan Eth for Gary Effren. Attorney Kelley Moohr Kinney; Louis David Nefouse; Steven Mark Schatz; Dominique Chantale Alepin and Douglas John Clark terminated (sis, COURT STAFF) (Filed on 7/12/2011) (Entered: 07/12/2011) 07/12/2011 136 STIPULATION and [Proposed] Order re Notice to Class and Scheduling by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 7/12/2011) (Entered: 07/12/2011) 07/13/2011 137 STIPULATION AND ORDER re 136 Stipulation filed by David H. Gordon, Joel Gentleman Motion Hearing set for 9/12/2011 09:00 AM in Courtroom 15, 18th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 7/13/11. (sis, COURT STAFF) (Filed on 7/13/2011) (Entered: 07/13/2011) 07/14/2011 138 ORDER DENYING MOTION TO QUASH OR MODIFY SUBPOENAS TO

NONPARTIES AND FOR A PROTECTIVE ORDER, re 65 MOTION to Quash filed by Barry Cinnamon, Gary Effren, Akeena Solar, Inc. Signed by Judge Paul S. Grewal on 7/14/2011. (ofr, COURT STAFF) (Filed on 7/14/2011) (Entered: 07/14/2011) 07/15/2011 139 ORDER RE: DISCOVERY REFERRAL. Signed by Judge James Ware on 7/15/11. (siss, COURT STAFF) (Filed on 7/15/2011) (Entered: 07/15/2011) 07/15/2011 Magistrate Judge Paul Singh Grewal no longer assigned to case. (tsh, COURT STAFF) (Filed on 7/15/2011) (Entered: 07/18/2011) 08/04/2011 140 STIPULATION Setting Briefing Schedule for Unopposed Motion for Preliminary Approval of Settlement and [Proposed] Order by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 8/4/2011) (Entered: 08/04/2011) 08/05/2011 141 STIPULATION AND ORDER re 140 Stipulation filed by David H. Gordon, Joel Gentleman. Signed by Judge James Ware on 8/5/11. (sis, COURT STAFF) (Filed on 8/5/2011) (Entered: 08/05/2011) 08/19/2011 142 STIPULATION and [Proposed] Order to Extend Deadline to File Unopposed Motion for Preliminary Approval of Settlement by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 8/19/2011) (Entered: 08/19/2011) 08/22/2011 143 STIPULATION AND ORDER re 142 Stipulation filed by David H. Gordon, Joel Gentleman. Signed by Judge James Ware on 8/22/11. (sis, COURT STAFF) (Filed on 8/22/2011) (Entered: 08/22/2011) 08/25/2011 144 AFFIDAVIT Mary K. Blasy RE DELAYED FILING OF UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 8/25/2011) (Entered: 08/25/2011) 08/25/2011 145 MOTION for Settlement Preliminary Approval of Class Action Settlement filed by Joel Gentleman, David H. Gordon. Motion Hearing set for 9/12/2011 09:00 AM in Courtroom 15, 18th Floor, San Francisco before Hon. James Ware. Responses due by 9/8/2011. Replies due by 9/15/2011. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 8/25/2011) (Entered: 08/25/2011) 08/25/2011 146 STIPULATION of Settlement by Joel Gentleman, David H. Gordon. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Blasy, Mary) (Filed on 8/25/2011) (Entered: 08/25/2011) 09/08/2011 147 ORDER requesting revised proposed order. Signed by Judge James Ware on September 8, 2011. (jwlc2, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/08/2011) 09/09/2011 148 Proposed Order re 145 MOTION for Settlement Preliminary Approval of Class Action Settlement, 147 Order by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on 9/9/2011) (Entered: 09/09/2011) 09/09/2011 149 ORDER requesting further revised proposed order. Signed by Judge James Ware on September 9, 2011. (jwlc2, COURT STAFF) (Filed on 9/9/2011) (Entered: 09/09/2011) 09/09/2011 150 Proposed Order re 145 MOTION for Settlement Preliminary Approval of Class Action Settlement (Revised) by Joel Gentleman, David H. Gordon. (Blasy, Mary) (Filed on

9/9/2011) (Entered: 09/09/2011) 09/12/2011 151 Minute Entry: Parties to file revised proposed order by 09/14/11. Arguments heard, matter submitted. Court to issue order.motion Hearing held on 9/12/2011 before James Ware (Date Filed: 9/12/2011) re 145 MOTION for Settlement Preliminary Approval of Class Action Settlement filed by David H. Gordon, Joel Gentleman. (Court Reporter Belle Ball.) (sis, COURT STAFF) (Date Filed: 9/12/2011) (Entered: 09/12/2011) 09/14/2011 152 Proposed Order re 145 MOTION for Settlement Preliminary Approval of Class Action Settlement by Joel Gentleman, David H. Gordon. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Blasy, Mary) (Filed on 9/14/2011) (Entered: 09/14/2011) 09/14/2011 153 Proposed Order re 145 MOTION for Settlement Preliminary Approval of Class Action Settlement Corrected by Joel Gentleman, David H. Gordon. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Blasy, Mary) (Filed on 9/14/2011) (Entered: 09/14/2011) 09/15/2011 154 ORDER PRELIMINARILY APPROVING SETTLEMENT by Judge James Ware granting 145 Motion for Settlement (sis, COURT STAFF) (Filed on 9/15/2011) (Entered: 09/15/2011) 11/02/2011 155 MOTION for Attorney Fees and Reimbursement of Costs and Expenses filed by Joel Gentleman, David H. Gordon. Motion Hearing set for 12/12/2011 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Responses due by 11/16/2011. Replies due by 11/23/2011. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 11/2/2011) (Entered: 11/02/2011) 11/02/2011 156 MOTION for Settlement Final Approval and Plan of Allocation of Settlement Proceeds filed by Joel Gentleman, David H. Gordon. Motion Hearing set for 12/12/2011 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Responses due by 11/16/2011. Replies due by 11/23/2011. (Attachments: # 1 Proposed Order)(Blasy, Mary) (Filed on 11/2/2011) (Entered: 11/02/2011) 11/02/2011 157 Declaration of Mary K. Blasy in Support of 155 MOTION for Attorney Fees and Reimbursement of Costs and Expenses, 156 MOTION for Settlement Final Approval and Plan of Allocation of Settlement Proceeds filed byjoel Gentleman, David H. Gordon. (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)(Related document(s) 155, 156 ) (Blasy, Mary) (Filed on 11/2/2011) (Entered: 11/02/2011) 11/18/2011 158 Transcript of Proceedings held on September 12, 2011, before Judge James Ware. Court Reporter/Transcriber Belle Ball, CSR, RMR, CRR, Telephone number (415)373-2529, belle_ball@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. Release of Transcript Restriction set for 2/16/2012. (Ball, Belle) (Filed on 11/18/2011) (Entered: 11/18/2011)