US District Court Civil Docket as of December 21, 2016 Retrieved from the court on December 21, 2016 Live Database U.S. District Court - Eastern District of Tennessee (Chattanooga) CIVIL DOCKET FOR CASE #: 1:16-cv-00165-TWP-CHS French v. CBL & Associates Properties, Inc. et al (TWP2) Assigned to: District Judge Thomas W Phillips Referred to: Magistrate Judge Christopher H Steger Cause: 15:78m(a) Securities Exchange Act Date Filed: 05/27/2016 Date Terminated: 01/04/2017 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Tommy French individually and on behalf of all others similarly situated represented by Bradley J. Vettraino Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA 02110 TERMINATED: 06/21/2016 PRO HAC VICE Jeffrey C Block Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA 02110 Email: jeff@blockesq.com Robert Preston Bramlett Bramlett Law Office P.O. Box 150734 Nashville, TN 37215 615-248-2828 Email: robert@bramlettlawoffices.com Steven P. Harte Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA 02110
TERMINATED: 06/21/2016 PRO HAC VICE J. Gerard Stranch, IV Branstetter, Stranch & Jennings, PLLC 223 Rosa L. Parks Avenue Suite 200 Nashville, TN 37203 615-254-8801 Fax: 615-250-3937 Email: gerards@bsjfirm.com Paul K Bramlett Bramlett Law Office P.O. Box 150734 Nashville, TN 37215 615-248-2828 Fax: 866-816-4116 Email: PKNASHLAW@aol.com V. Defendant CBL & Associates Properties, Inc. represented by Glennon P Fogarty Husch Blackwell LLP (St Louis) 190 Carondelet Plaza Suite 600 St Louis, MO 63105-3441 314-480-1912 Email: glennon.fogarty@huschblackwell.com Michael K Alston Husch Blackwell LLP (Chattanooga) 736 Georgia Avenue Suite 300 Chattanooga, TN 37402 423-266-5500 Fax: 423-266-5499 Email: michael.alston@huschblackwell.com Samantha A Lunn
Husch Blackwell LLP (Chattanooga) 736 Georgia Avenue Suite 300 Chattanooga, TN 37402 423-266-5500 Fax: 423-266-5499 Email: samantha.lunn@huschblackwell.com Defendant Stephen D Lebovitz represented by Glennon P Fogarty (See above for address) Michael K Alston (See above for address) Samantha A Lunn (See above for address) Defendant Farzana K Mitchell represented by Glennon P Fogarty (See above for address) Michael K Alston (See above for address) Samantha A Lunn (See above for address) Defendant LA Municipal Police Employees' Retirement System Movant Socit Gnrale Securities Services GmbH
Movant Societe Generale Securities Services GmbH Movant Plumbers and Pipefitters National Pension Fund represented by Jimmy F Rodgers, Jr Summers, Rufolo & Rodgers, P.C. The James Building 735 Broad Street, Suite 800 Chattanooga, TN 37402 423-265-2385 Email: jrodgers@summersfirm.com represented by Christopher Martin Wood Robbins Geller Rudman & Dowd LLP (Nashville) 414 Union Street Ste 900 Nashville, TN 37219 (615) 244-2203 Fax: (615) 252-3798 Email: cwood@rgrdlaw.com Danielle S Myers Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: danim@rgrdlaw.com PRO HAC VICE Movant New Mexico Educational Retirement Board represented by Patrick M Barrett, III Barrett Law Office, PLLC 4205 Hillsboro Pike Suite 303 Nashville, TN 37215 615-463-4000 Fax: 615-463-3717 Email: pbarrett@barrettlawofficetn.com Stanley D Bernstein Bernstein Liebhard LLP 10 East 40th Street Twenty Second Floor New York, NY 10016
212-779-1414 Fax: 212-779-3218 Email: bernstein@bernlieb.com PRO HAC VICE Movant Larry L. Halcomb represented by J. Alexander Hood, II Pomerantz LLP 600 Third Avenue - 20th FL New York, NY 10016 212-661-1100 Email: ahood@pomlaw.com Movant CAMBRIDGE RETIREMENT SYSTEM AND CITY OF CLEARWATER EMPLOYEES PENSION FUNDS Date Filed # Docket Text 05/27/2016 1 COMPLAINT against All Defendants, filed by TOMMY FRENCH. (Attachments: # 1 Other VERIFICATION, # 2 Summons CBL, # 3 Summons LEBOVITZ, # 4 Summons MITCHELL, # 5 Other CIVIL COVER SHEET)(Bramlett, Paul) (Entered: 05/27/2016) 05/27/2016 Filing fee: $ 400.00 received, receipt number 0649-3119111. (BJL, ) Modified on 5/27/2016 to update docket text (BDG, ). (Entered: 05/27/2016) 05/27/2016 District Judge Thomas W Phillips and Magistrate Judge Christopher H Steger added. (BDG, ) (Entered: 05/27/2016) 05/27/2016 2 NOTICE of Deficiency (Pro Hac) (BDG, )Mailed to Jeffrey C. Block, Steven P. Harte, and Bradley J. Vettraino (Entered: 05/27/2016) 05/27/2016 3 Summons Issued as to CBL & Associates Properties, Inc., Stephen D Lebovitz, Tarzana K Mitchell. (BDG, ) (Entered: 05/27/2016) 06/21/2016 4 MOTION for Leave to Appear Pro Hac Vice on behalf of attorney Jeffrey Block ( Filing fee $ 90 receipt number 0649-3141055.) by Tommy French. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS(Bramlett, Paul) (Entered: 06/21/2016) 06/21/2016 5 NOTICE by Tommy French of withdrawal of counsel (Substitution of Counsel) Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS(Bramlett, Paul) Modified on 6/22/2016 (BJL, ). (Entered: 06/21/2016)
06/22/2016 Clerk's Verification of PHV Requirements is complete regarding document: (4 in 1:16-cv-00165-TWP-CHS, 4 in 1:16-cv-00195-TWP-CHS) MOTION for Leave to Appear Pro Hac Vice on behalf of attorney Jeffrey Block ( Filing fee $ 90 receipt number 0649-3141055.) filed by Tommy French as to Tommy French Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS(BJL, ) (Entered: 06/22/2016) 06/22/2016 6 ORDER in case 1:16-cv-00165-TWP-CHS; granting (4) Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: http://www.tned.uscourts.gov/registrationform.php in case 1:16-cv-00195-TWP- CHS. Signed by Magistrate Judge Christopher H Steger on 6-21-16. Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv-00165-TWP-CHS (KMG, ) (Entered: 06/22/2016) 06/23/2016 7 NOTICE of Appearance by Michael K Alston on behalf of CBL & Associates Properties, Inc. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP- CHS(Alston, Michael) (Entered: 06/23/2016) 06/23/2016 8 NOTICE of Appearance by Samantha A Lunn on behalf of CBL & Associates Properties, Inc. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP- CHS(Lunn, Samantha) (Entered: 06/23/2016) 06/23/2016 9 Joint MOTION for Extension of Time to File Answer re (1 in 1:16-cv-00165-TWP- CHS) Complaint by CBL & Associates Properties, Inc., Stephen D Lebovitz, Farzana K Mitchell. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP- CHS(Lunn, Samantha) (Entered: 06/23/2016) 06/23/2016 10 Certificate of Corporate Interest by CBL & Associates Properties, Inc.. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS(Lunn, Samantha) (Entered: 06/23/2016) 06/23/2016 11 NOTICE of Hearing on Motion (9 in 1:16-cv-00165-TWP-CHS, 9 in 1:16-cv-00195- TWP-CHS) Joint MOTION for Extension of Time to File Answer re (1 in 1:16-cv- 00165-TWP-CHS) Complaint : Motion Hearing set for 7/13/2016 10:00 AM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS(KMG, ) (Entered: 06/23/2016) 06/24/2016 12 ORDER granting in part and denying in part (9) Motion for Extension of Time to Answer re (9 in 1:16-cv-00165-TWP-CHS, 9 in 1:16-cv-00195-TWP-CHS) Joint MOTION for Extension of Time to File Answer re (1 in 1:16-cv-00165-TWP-CHS) Complaint in case 1:16-cv-00165-TWP-CHS. Defendants shall have up to and including August 24, 2016 in which to answer or otherwise respond to the current complaint. Signed by Magistrate Judge Christopher H Steger on 6-24-16. This entry constitutes the complete order of the Court. Associated Cases: 1:16-cv-00165-TWP- CHS, 1:16-cv-00195-TWP-CHS (KMG, ) (Entered: 06/24/2016) 07/11/2016 13 NOTICE of Appearance by Michael K Alston on behalf of CBL & Associates Properties, Inc. Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv-00165-TWP- CHS(Alston, Michael) (Entered: 07/11/2016)
07/11/2016 14 NOTICE of Appearance by Samantha A Lunn on behalf of CBL & Associates Properties, Inc. Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv-00165-TWP- CHS(Lunn, Samantha) (Entered: 07/11/2016) 07/11/2016 15 Joint MOTION for Extension of Time to File Answer re (1 in 1:16-cv-00195-TWP- CHS) Complaint, by CBL & Associates Properties, Inc.. Associated Cases: 1:16-cv- 00195-TWP-CHS, 1:16-cv-00165-TWP-CHS(Lunn, Samantha) (Entered: 07/11/2016) 07/11/2016 16 Certificate of Corporate Interest by CBL & Associates Properties, Inc.. Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv-00165-TWP-CHS(Lunn, Samantha) (Entered: 07/11/2016) 07/12/2016 17 *Filed in error* MOTION for Leave to Appear Pro Hac Vice of Patrick Dahlstrom ( Filing fee $ 90 receipt number 0649-3157747.) by The Allan J. and Sherry R. Potts Living Trust(Individually). Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv- 00165-TWP-CHS(Bramlett, Paul) Modified on 7/15/2016 (BJL, ). (Entered: 07/12/2016) 07/12/2016 18 * *Filed in error* MOTION for Leave to Appear Pro Hac Vice of James Alexander Hood ( Filing fee $ 90 receipt number 0649-3157751.) by The Allan J. and Sherry R. Potts Living Trust(Individually). Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16- cv-00165-twp-chs(bramlett, Paul) Modified on 7/15/2016 (BJL, ). (Entered: 07/12/2016) 07/12/2016 19 *Filed in error* MOTION for Leave to Appear Pro Hac Vice of Jeremy Lieberman ( Filing fee $ 90 receipt number 0649-3157754.) by The Allan J. and Sherry R. Potts Living Trust(Individually). Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv- 00165-TWP-CHS(Bramlett, Paul) Modified on 7/15/2016 (BJL, ). (Entered: 07/12/2016) 07/13/2016 20 ORDER granting 15 Motion for Extension of Time to Answer. For good cause shown, defendants shall have up to and including September 9, 2016 in which to answer or otherwise respond to the complaint. Signed by Magistrate Judge Christopher H Steger on 7-13-16. This entry constitutes the complete order of the Court. (KMG, ) (Entered: 07/13/2016) 07/26/2016 21 NOTICE of Appearance by J. Gerard Stranch, IV on behalf of All Plaintiffs (Stranch, J.) (Entered: 07/26/2016) 07/26/2016 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel by Socit Gnrale Securities Services GmbH, Societe Generale Securities Services GmbH. (Rodgers, Jimmy) (Entered: 07/26/2016) 07/26/2016 23 MOTION to Consolidate Cases Memorandum of Law in Support of Motion for Consolidation of the Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel by Societe Generale Securities Services GmbH. (Rodgers, Jimmy) Modified on 7/27/2016 (BJL, ).*Document filed in Error-see corrected document 24 Memorandum of Law. (Entered: 07/26/2016) 07/26/2016 24 MEMORANDUM in Support of Motion re 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by Societe Generale Securities Services GmbH. (Rodgers, Jimmy) (Entered: 07/26/2016)
07/26/2016 25 AFFIDAVIT in Support re 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel Declaration of Jimmy F. Rodgers, Jr. in Support of the Motion of SGSS for Consolidation of the Related Actions, Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by Societe Generale Securities Services GmbH. (Attachments: # 1 Exhibit Notice, # 2 Exhibit Certification, # 3 Exhibit Loss Chart, # 4 Exhibit Resume, # 5 Exhibit Assignment, # 6 Exhibit Chemed Opinion)(Rodgers, Jimmy) (Entered: 07/26/2016) 07/26/2016 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel by Tommy French. (Bramlett, Paul) (Entered: 07/26/2016) 07/26/2016 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff, MOTION to Appoint Counsel by Plumbers and Pipefitters National Pension Fund. (Wood, Christopher) (Entered: 07/26/2016) 07/26/2016 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL by Tommy French. (Stranch, J.) (Entered: 07/26/2016) 07/26/2016 29 MEMORANDUM in Support of Motion re 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by All Plaintiffs. (Stranch, J.) (Entered: 07/26/2016) 07/26/2016 30 MEMORANDUM in Support of Motion re 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Plumbers and Pipefitters National Pension Fund. (Wood, Christopher) (Entered: 07/26/2016) 07/26/2016 31 AFFIDAVIT in Support re 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Certifications, # 2 Exhibit B - CBL Loss Analysis, # 3 Exhibit C - Joint Declarations, # 4 Exhibit D - Notice of Filing, # 5 Exhibit Labaton E - Sucharow Firm Resume, # 6 Exhibit F - KTMC Firm Resume, # 7 Exhibit G - BSJ Firm Resume)(Stranch, J.) (Entered: 07/26/2016) 07/26/2016 32 AFFIDAVIT in Support re 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Plumbers and Pipefitters National Pension Fund. (Attachments: # 1 Exhibit A - PSLRA Notice, # 2 Exhibit B - Sworn Certification, # 3 Exhibit C - Estimated Losses, # 4 Exhibit D - Robbins Geller Rudman & Dowd LLP firm resume)(wood, Christopher) (Entered: 07/26/2016) 07/26/2016 33 MEMORANDUM in Support of Motion re 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel filed by Tommy French. (Attachments: # 1 Affidavit of Jeff Block, # 2 Exhibit A-Certification of LA Municipal Police Employees' Retirement System, # 3 Exhibit B-Certification of Employee Retirement System of the City of Providence, # 4 Exhibit C-Press Release, # 5 Exhibit D-Loss Calculation Chart-LA Municipal Police Employees' Retirement System, # 6 Exhibit E-Loss Calculation Chart-Employee Retirement System of the City of Providence, # 7 Exhibit F-Firm Resume-Block & Leviton, # 8 Exhibit G-Firm Resume-Bramlett Law Offices)(Bramlett, Paul) (Entered: 07/26/2016) 07/26/2016 34 MOTION Consolidation of Related Cases, Appointment as Lead Plaintiff and Approval of Counsel by New Mexico Educational Retirement Board. (Barrett, Patrick) (Entered: 07/26/2016)
07/26/2016 35 MEMORANDUM in Support of Motion re 34 MOTION Consolidation of Related Cases, Appointment as Lead Plaintiff and Approval of Counsel filed by New Mexico Educational Retirement Board. (Barrett, Patrick) (Entered: 07/26/2016) 07/26/2016 36 AFFIDAVIT in Support re 34 MOTION Consolidation of Related Cases, Appointment as Lead Plaintiff and Approval of Counsel filed by New Mexico Educational Retirement Board. (Attachments: # 1 Exhibit press release, # 2 Exhibit NMERB's Certification, # 3 Exhibit NMERB's Loss Charts, # 4 Exhibit Bernstein Liebhard LLP firm resume)(barrett, Patrick) (Entered: 07/26/2016) 07/27/2016 37 MOTION to Consolidate Cases, MOTION to Appoint Counsel NOTICE OF MOTION AND MOTION OF LARRY L. HALCOMB FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL by Larry L. Halcomb. (Hood, J.) (Entered: 07/27/2016) 07/27/2016 38 MEMORANDUM in Support of Motion re 37 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION AND MOTION OF LARRY L. HALCOMB FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL filed by Larry L. Halcomb. (Hood, J.) (Entered: 07/27/2016) 07/27/2016 39 AFFIDAVIT in Support re 37 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION AND MOTION OF LARRY L. HALCOMB FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL filed by Larry L. Halcomb. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Certification, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Firm Resume of Pomerantz, # 5 Exhibit E - Firm Resume of Bramlett Law Offices)(Hood, J.) (Entered: 07/27/2016) 07/28/2016 40 ORDER REFERRING MOTIONS: 37 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION AND MOTION OF LARRY L. HALCOMB FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL filed by Larry L. Halcomb, 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by Socit Gnrale Securities Services GmbH, Societe Generale Securities Services GmbH, 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Plumbers and Pipefitters National Pension Fund, 34 MOTION Consolidation of Related Cases, Appointment as Lead Plaintiff and Approval of Counsel filed by New Mexico Educational Retirement Board, 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel filed by Tommy French, 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by Tommy French. Signed by District Judge Thomas W Phillips on 7/28/16. (JBR) (Entered: 07/28/2016) 07/29/2016 41 MOTION for Leave to Appear Pro Hac Vice for Danielle S. Myers by Plumbers and Pipefitters National Pension Fund. (Wood, Christopher) Modified on 8/5/2016 (BJL, ). (Entered: 07/29/2016) 07/29/2016 42 NOTICE of Deficiency (Pro Hac) 41 MOTION for Leave to Appear Pro Hac Vice for Danielle S. Myers The $90.00 filing fee must be paid. (BJL, ) Modified on 7/29/2016 (BJL, ). (Entered: 07/29/2016)
08/04/2016 Filing fee: $ 90.00, receipt number C1013769 for 41 MOTION for Leave to Appear Pro Hac Vice for Danielle S. Myers by Plumbers and Pipefitters National Pension Fund. (BJL, ) (Entered: 08/05/2016) 08/05/2016 Clerk's Verification of PHV Requirements is complete regarding document: 41 MOTION for Leave to Appear Pro Hac Vice for Danielle S. Myers filed by Plumbers and Pipefitters National Pension Fund. (BJL, ) (Entered: 08/05/2016) 08/08/2016 43 ORDER granting 41 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: http://www.tned.uscourts.gov/registrationform.php. Signed by Magistrate Judge Christopher H Steger on 8-8-16. (KMG, ) Modified on 8/9/2016 (BDG, ). Notified Danielle S. Myers via email. (Entered: 08/08/2016) 08/10/2016 44 RESPONSE to Motion re 37 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION AND MOTION OF LARRY L. HALCOMB FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL, 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel, 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 34 MOTION Consolidation of Related Cases, Appointment as Lead Plaintiff and Approval of Counsel, 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel, 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by Plumbers and Pipefitters National Pension Fund. (Wood, Christopher) (Entered: 08/10/2016) 08/10/2016 45 MOTION for Leave to Appear Pro Hac Vice Stanley D. Bernstein ( Filing fee $ 90 receipt number 0649-3182372.) by New Mexico Educational Retirement Board. (Barrett, Patrick) (Entered: 08/10/2016) 08/10/2016 Clerk's Verification of PHV Requirements is complete regarding document: 45 MOTION for Leave to Appear Pro Hac Vice Stanley D. Bernstein ( Filing fee $ 90 receipt number 0649-3182372.) filed by New Mexico Educational Retirement Board. (BDG, ) (Entered: 08/10/2016) 08/10/2016 46 ORDER granting 45 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: http://www.tned.uscourts.gov/registrationform.php. Signed by Magistrate Judge Christopher H Steger on 8-10-16. (KMG, ) Modified on 8/11/2016 (BDG, ). Notified Stanley D. Bernstein via email. (Entered: 08/10/2016) 08/10/2016 47 NOTICE by LA Municipal Police Employees' Retirement System re 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel Notice of Withdrawal of Motion for Lead Plaintiff & Lead Counsel (Bramlett, Paul) (Entered: 08/10/2016) 08/12/2016 48 RESPONSE in Opposition re 37 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION AND MOTION OF LARRY L. HALCOMB FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL, 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel, 23 MOTION to Consolidate Cases Memorandum of Law in Support of Motion for Consolidation of the Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel, 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel, 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND
APPROVAL OF SELECTION OF COUNSEL filed by New Mexico Educational Retirement Board. (Barrett, Patrick) (Entered: 08/12/2016) 08/12/2016 49 RESPONSE to Motion re 37 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION AND MOTION OF LARRY L. HALCOMB FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL, 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel, 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 34 MOTION Consolidation of Related Cases, Appointment as Lead Plaintiff and Approval of Counsel, 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel, 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by Societe Generale Securities Services GmbH. (Rodgers, Jimmy) (Entered: 08/12/2016) 08/16/2016 50 NOTICE by CAMBRIDGE RETIREMENT SYSTEM AND CITY OF CLEARWATER EMPLOYEES PENSION FUNDS re 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL Withdrawal of Motion (Stranch, J.) (Entered: 08/16/2016) 08/22/2016 51 REPLY to Response to Motion re 22 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Counsel, 27 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 34 MOTION Consolidation of Related Cases, Appointment as Lead Plaintiff and Approval of Counsel, 26 MOTION to Consolidate Cases Appoint Lead Plaintiff & Appoint Counsel, 28 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by New Mexico Educational Retirement Board. (Barrett, Patrick) (Entered: 08/22/2016) 09/09/2016 52 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by CBL & Associates Properties, Inc., Stephen D Lebovitz, Farzana K Mitchell. (Lunn, Samantha) (Entered: 09/09/2016) 09/12/2016 53 ORDER granting 52 Motion for Extension of Time to Answer. Defendants have up to and including September 29, 2016 to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Christopher H Steger on 9/12/2016. (BDG, ) (Entered: 09/12/2016) 09/15/2016 54 ORDER denying 27 Motion to Appoint Counsel ; terminating 27 Motion to Consolidate Cases. In its Response [Doc. 44], the Plumbers and Pipefitters National Pension Fund "recognizes that it is not the presumptive lead plaintiff." Accordingly, its motion requesting appointment as lead plaintiff is DENIED. The Court will rule on the consolidation issue after considering the remaining viable pending motions. Signed by Magistrate Judge Christopher H Steger on 9/15/2016. (LLT, ) (Entered: 09/15/2016) 09/15/2016 55 ORDER denying 22 Motion to Consolidate Cases. In its Notice [Doc. 49], SGSS states that "[h]aving reviewed the competing motions and supporting papers provided by the other movants seeking appointment as lead plaintiff, it appears that SGSS does not possess 'the largest financial interest'." Based on this concession, SGSS's motion seeking appointment as lead plaintiff is DENIED. The Court will rule on the consolidation issue after considering the remaining viable pending motions. Signed
by Magistrate Judge Christopher H Steger on 9/15/2016. (LLT, ) (Entered: 09/15/2016) 09/15/2016 56 ORDER withdrawing 26 Motion to Consolidate Cases. Having "determined that they do not have the largest financial interest in the relief sought by the class," the Louisiana Municipal Police Employees' Retirement System and the Employee Retirement System of the City of Providence withdrew their motion [Doc. 26] to be appointed as co-lead plaintiffs [Doc. 47]. Signed by Magistrate Judge Christopher H Steger on 9/15/2016. (LLT, ) (Entered: 09/15/2016) 09/15/2016 57 ORDER withdrawing 28 Motion to Consolidate Cases. Cambridge Retirement System and City of Clearwater Employees' Pension Fund concede that they do not have the largest financial interest of the movants before the Court [Doc. 50]. As such, they have withdrawn their motion [Doc. 28] to be appointed lead plaintiffs [Doc. 50]. Signed by Magistrate Judge Christopher H Steger on 9/15/2016. (LLT, ) (Entered: 09/15/2016) 09/22/2016 58 NOTICE by Larry L. Halcomb TO WITHDRAW ITS MOTION FOR LEAD PLAINTIFF (DE#37) (Bramlett, Paul) (Entered: 09/22/2016) 09/22/2016 59 ORDER withdrawing 37 Motion to Consolidate Cases; withdrawing 37 Motion to Appoint Counsel. Larry L. Halcomb has given notice [Doc. 58] of his intention to withdraw his motion [Doc. 37]. This entry is the Court's complete order. Signed by Magistrate Judge Christopher H Steger on 9/22/2016. (LLT, ) Modified on 9/22/2016 (KFB, ). (Entered: 09/22/2016) 09/26/2016 60 ORDER granting 34 Motion to Consolidate Cases,and Appointment as Lead Plaintiff. The Court GRANTS NMERBs motion [1:16-cv-165, Doc.34]. These actions, 1:16- cv-165, 1:16-cv-195, and 1:16-cv-248, SHALL BE CONSOLIDATED. New Mexico Educational Retirement Board is hereby APPOINTED Lead Plaintiff in these actions and in any later-filed related actions. Signed by Magistrate Judge Christopher H Steger on 9/26/2016. (BDG, ) (Entered: 09/26/2016) 11/18/2016 61 MOTION to Withdraw by New Mexico Educational Retirement Board. (Attachments: # 1 Exhibit HealthSouth opinion)associated Cases: 1:16-cv-00165- TWP-CHS, 1:16-cv-00195-TWP-CHS, 1:16-cv-00248-TWP-CHS(Barrett, Patrick) (Entered: 11/18/2016) 11/22/2016 62 ORDER REFERRING MOTION: (39 in 1:16-cv-00195-TWP-CHS, 23 in 1:16-cv- 00248-TWP-CHS, 61 in 1:16-cv-00165-TWP-CHS) MOTION to Withdraw filed by New Mexico Educational Retirement Board. Signed by District Judge Thomas W Phillips on 11/22/16. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195- TWP-CHS, 1:16-cv-00248-TWP-CHS(JBR) (Entered: 11/22/2016) 11/29/2016 63 ORDER Cancelling Deadline: By Order entered September 26, 2016, the Court directed Lead Plaintiff, NMERB, to file and serve a consolidated amended complaint within 60 days [see Doc. 60 in lead case, 1:16-cv-165]. That deadline is hereby suspended and will be reset upon resolution of NMERB's Unopposed Motion for Withdrawal of Lead Plaintiff and Lead Counsel [Doc. 61 in lead case, 1:16-cv-165]. This entry is the Court's complete Order. Signed by Magistrate Judge Christopher H. Steger on 11/29/2016. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195- TWP-CHS, 1:16-cv-00248-TWP-CHS (LLT) (Entered: 11/29/2016)
12/02/2016 64 ORDER Status Conference set for 12/14/2016 02:30 PM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger.Signed by Magistrate Judge Christopher H Steger on 12/2/2016. Associated Cases: 1:16-cv-00195-TWP- CHS, 1:16-cv-00165-TWP-CHS, 1:16-cv-00248-TWP-CHS(BDG, ) (Entered: 12/02/2016) 12/14/2016 65 Minute Entry for proceedings held before Magistrate Judge Christopher H Steger: Status Conference held on 12/14/2016. (Court Reporter Shannan Andrews) Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS, 1:16-cv- 00248-TWP-CHS(KFB, ) (Entered: 12/14/2016) 12/16/2016 66 ORDER. the Court GRANTS NMERBs Unopposed Motion for Withdrawal of Lead Plaintiff and Lead Counsel [Doc. 61 in 1:16-cv-165; Doc. 39 in 1:16-cv-195; and Doc. 23 in 1:16-cv-248]. Counsel for all putative class members are hereby directed that any putative class member desiring to serve in the role of Lead Plaintiff shall file a motion for appointment as Lead Plaintiff and for approval of Lead Counselwithin fifteen (15) days of entry of this Order. If no such motions are filed within fifteen days, the Court will recommend to the District Judge dismissal of these consolidated class actions. Signed by Magistrate Judge Christopher H Steger on 12/16/2016. Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS, 1:16-cv- 00248-TWP-CHS(BDG, ) Modified on 12/16/2016 (BDG, ). (Entered: 12/16/2016) 12/20/2016 67 NOTICE of Voluntary Dismissal of Complaint in Case No. 1:16-cv-00248 by International Union of Painters & Allied Trades District Council No. 35 Pension Plan Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP-CHS, 1:16-cv- 00248-TWP-CHS(Wood, Christopher) (Entered: 12/20/2016) 12/21/2016 68 NOTICE of Voluntary Dismissal of case by The Allan J. and Sherry R. Potts Living Trust(Individually) Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv-00165- TWP-CHS, 1:16-cv-00248-TWP-CHS(Hood, J.) (Entered: 12/21/2016) 12/21/2016 69 RESPONSE re(66 in 1:16-cv-00165-TWP-CHS, 28 in 1:16-cv-00248-TWP-CHS, 44 in 1:16-cv-00195-TWP-CHS) Order,,,. Associated Cases: 1:16-cv-00195-TWP-CHS, 1:16-cv-00165-TWP-CHS, 1:16-cv-00248-TWP-CHS(Hood, J.) (Entered: 12/21/2016) 12/21/2016 70 RESPONSE re(66 in 1:16-cv-00165-TWP-CHS) Order,,,. Associated Cases: 1:16- cv-00165-twp-chs, 1:16-cv-00195-TWP-CHS, 1:16-cv-00248-TWP- CHS(Bramlett, Paul) (Entered: 12/21/2016) 12/21/2016 71 NOTICE of Voluntary Dismissal of case by Tommy French Associated Cases: 1:16- cv-00165-twp-chs, 1:16-cv-00195-TWP-CHS, 1:16-cv-00248-TWP- CHS(Bramlett, Paul) (Entered: 12/21/2016) 12/21/2016 72 NOTICE of Appearance by Glennon P Fogarty on behalf of CBL & Associates Properties, Inc., Stephen D Lebovitz, Farzana K Mitchell, CBL & Associates Limited Partnership, John N. Foy Associated Cases: 1:16-cv-00165-TWP-CHS, 1:16-cv- 00195-TWP-CHS, 1:16-cv-00248-TWP-CHS(Fogarty, Glennon) (Entered: 12/21/2016) 12/21/2016 73 Minute Order. Proceedings held before Magistrate Judge Christopher H Steger: Miscellaneous Hearing held on 12/14/2016. By order [doc. 28] dated 12/16/16, the undersigned requested that counsel for Plaintiffs Tommy French and The Allen J. and
Sherry R. Potts Living Trust submit an explanation to the Court as to why they had not appeared at the December 14, 2016, hearing. Counsel proffered explanations on December 21,2016 [Docs. 31,32] which the Court finds fully acceptable. No further action is necessary on this issue and no sanctions will be recommended. This entry constitutes the complete order of the Court. There is no document attached to this entry. United States Magistrate Judge Christopher H. Steger, 12/21/2016 Associated Cases: 1:16-cv-00248-TWP-CHS, 1:16-cv-00165-TWP-CHS, 1:16-cv-00195-TWP- CHS(Steger, Christopher) (Entered: 12/21/2016) 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