US District Court Civil Docket as of July 18, 2016 Retrieved from the court on July 18, 2016

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA

(Southern Division - Santa Ana) CIVIL DOCKET FOR CASE #: 8:12-cv-00222-CJC-JPR

Pawel I Kmiec v. Powerwave Technologies Inc et al Assigned to: Judge Cormac J. Carney Referred to: Magistrate Judge Jean P. Rosenbluth Related Cases: 8:12-cv-00474-CJC-JPR

8:13-cv-01631-CJC-JPR 8:12-cv-00317-CJC-JPR 8:12-cv-00385-CJC-JPR

Cause: 15:78m(a) Securities Exchange Act

Date Filed: 02/09/2012 Date Terminated: 07/11/2016 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Pawel I Kmiec Individually and on Behalf of All Others Similarly Situated

represented by Robert Russell Henssler , Jr Robbins Geller Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-4297 619-231-1058 Fax: 619-231-7423 Email: bhenssler@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan A Llorens Robbins Geller Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 619-231-1058 Email: ryanl@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Tricia L McCormick Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: triciam@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Darren J Robbins

Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: e_file_sd@rgrdlaw.com ATTORNEY TO BE NOTICED David C Walton Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: davew@rgrdlaw.com ATTORNEY TO BE NOTICED Ellen Anne Gusikoff Stewart Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Email: elleng@rgrdlaw.com ATTORNEY TO BE NOTICED Eric Niehaus Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: ericn@rgrdlaw.com ATTORNEY TO BE NOTICED Marc L Godino Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: mgodino@glancylaw.com ATTORNEY TO BE NOTICED Matthew Isaac Alpert Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423

Email: malpert@rgrdlaw.com ATTORNEY TO BE NOTICED Meghan Alexandra Royal Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: aroyal@rgrdlaw.com TERMINATED: 04/30/2015 Michael Ira Fistel , Jr Johnson & Weaver, LLP 110 W. A Street, Suite 750 Marietta, GA 30064 770-200-3104 Fax: 770-200-3101 Email: michaelf@johnsonandweaver.com TERMINATED: 03/04/2014 PRO HAC VICE ATTORNEY TO BE NOTICED Robert K Lu Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: rlu@rgrdlaw.com TERMINATED: 12/09/2015 ATTORNEY TO BE NOTICED Samuel H Rudman Robbins Geller Rudman and Dowd LLP 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: srudman@rgrdlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED X Jay Alvarez Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Email: jaya@rgrdlaw.com ATTORNEY TO BE NOTICED

V.

Movant Xuan Mai Nguyen represented by Lionel Zevi Glancy

Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: lglancy@glancylaw.com ATTORNEY TO BE NOTICED

V.

Defendant Powerwave Technologies Inc TERMINATED: 02/01/2013

represented by Amy J Longo Securities and Exchange Commission Los Angeles Regtional Office 444 South Flower Street Suite 900 Los Angeles, CA 90071 323-965-3998 Fax: 213-443-1904 Email: longoa@sec.gov TERMINATED: 02/01/2013 Katharine S Mercer O'Melveny & Myers LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 213-430-6000 Fax: 213-430-6407 Email: kmercer@omm.com TERMINATED: 12/20/2013 ATTORNEY TO BE NOTICED Seth A Aronson O'Melveny and Myers LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071-2899 213-430-6000 Fax: 213-430-6407 Email: saronson@omm.com ATTORNEY TO BE NOTICED

Defendant Ronald J Buschur represented by Abby F Rudzin

O'Melveny and Myers LLP Times Square Tower 7 Times Square New York, NY 10036

212-326-2000 Fax: 212-326-2061 Email: arudzin@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED Alec Johnson O'Melveny and Myers LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071-2899 213-430-6000 Fax: 2513-430-6407 Email: aljohnson@omm.com ATTORNEY TO BE NOTICED Amy J Longo (See above for address) TERMINATED: 07/26/2013 Katharine S Mercer (See above for address) TERMINATED: 12/20/2013 ATTORNEY TO BE NOTICED Seth A Aronson (See above for address) ATTORNEY TO BE NOTICED Smita Reddy O'Melveny and Myers LLP 400 South Hope Street Los Angeles, CA 90071 213-430-6000 Fax: 213-430-6407 Email: sreddy@omm.com TERMINATED: 12/19/2013 ATTORNEY TO BE NOTICED

Defendant Kevin T Michaels represented by Abby F Rudzin

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Alec Johnson (See above for address) ATTORNEY TO BE NOTICED Amy J Longo (See above for address)

TERMINATED: 07/26/2013 Katharine S Mercer (See above for address) TERMINATED: 12/20/2013 ATTORNEY TO BE NOTICED Seth A Aronson (See above for address) ATTORNEY TO BE NOTICED Smita Reddy (See above for address) TERMINATED: 12/19/2013 ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/09/2012 1 COMPLAINT against Defendants Ronald J Buschur, Kevin T Michaels and Powerwave Technologies Inc. Case assigned to Judge Cormac J. Carney for all further proceedings. Discovery referred to Magistrate Judge Jean P Rosenbluth.(Filing fee $ 350 Paid). Jury Demanded. Filed by Plaintiff Pawel I Kmiec.(lwag) (Entered: 02/10/2012)

02/09/2012 21 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to Defendants Ronald J Buschur, Kevin T Michaels and Powerwave Technologies Inc. (lwag) (Entered: 02/10/2012)

02/09/2012 2 CERTIFICATION as to Interested Parties filed by Plaintiff Pawel I Kmiec. (lwag) (Entered: 02/10/2012)

02/09/2012 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(lwag) (Entered: 02/10/2012)

02/10/2012 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed and emailed to Samuel H. Rudman for Plaintiff Pawel I Kmiec. (Attachments: # 1 G-64 Application, # 2 G-64 Proposed Order) (lwag) (Entered: 02/10/2012)

02/10/2012 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Michael I. Fistel, Jr. for Plaintiff Pawel I Kmiec. (Attachments: # 1 G-64 Application, # 2 G-64 Proposed Order) (lwag) (Entered: 02/10/2012)

02/10/2012 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Jeffrey A. Berens for Plaintiff Pawel I Kmiec. (Attachments: # 1 G-64 Application, # 2 G-64 Proposed Order) (lwag) (Entered: 02/10/2012)

02/28/2012 7 APPLICATION for attorney Michael I. Fistel, Jr. to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-9996787 paid.) filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Walton, David) (Entered: 02/28/2012)

02/28/2012 8 APPLICATION for attorney Samuel H. Rudman to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-9996975 paid.) filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Walton, David) (Entered: 02/28/2012)

02/29/2012 9 STIPULATION for Extension of Time to File Answer re Complaint - (Discovery),

Complaint - (Discovery) 1 filed by defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Inc. (Attachments: # 1 Proposed Order)(Longo, Amy) (Entered: 02/29/2012)

02/29/2012 10 CERTIFICATE of Interested Parties filed by Defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Inc, identifying 1. Pawel I. Kmiec, Plaintiff ; 2. Powerwave Technologies, Inc., Defendant ; 3. Ronald J. Buschur, Defendant ; 4. kevin T. Michaels, Defendant ; 5.Chartis, Insurer; 6. Old Republic Insurance Company, Insurer ; 7. Beazley, Insurer ; 8. XL Specialty Insurance, Insurer ; and 9. Monitor, Insurer. (Longo, Amy) (Entered: 02/29/2012)

03/01/2012 11 NOTICE of Change of Attorney Information for attorney Katharine S Mercer counsel for Defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Inc. Adding Katharine S. Mercer as attorney as counsel of record for Powerwave Technologies, Inc., Ronald J. Buschur and Kevin T. Michaels for the reason indicated in the G-06 Notice. Filed by defendants Powerwave Technologies, Inc., Ronald J. Buschur and Kevin T. Michaels (Mercer, Katharine) (Entered: 03/01/2012)

03/01/2012 12 NOTICE of Change of Attorney Information for attorney Seth A Aronson counsel for Defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Inc. Adding Seth Aronson as attorney as counsel of record for Powerwave Technologies, Inc., Ronald J. Buschur, and Kevin T. Michaels for the reason indicated in the G-06 Notice. Filed by defendants Powerwave Technologies, Inc., Roanld J. Buschur and kevin T. Michaels (Aronson, Seth) (Entered: 03/01/2012)

03/05/2012 13 ORDER REGARDING EXTENSION OF TIME TO RESPOND TO COMPLAINT, by Judge Cormac J. Carney. NOW, THEREFORE, IT IS HEREBY ORDERED that 1. Counsel for Defendants agrees to accept service on behalf of all Defendants, however by this Stipulation preserving all of Defendants' rights and objections other than as to service of process; 2. Plaintiffs shall file a consolidated amended complaint within 60 days of an order appointing lead plaintiff; and 3. Defendants Powerwave Technologies, Inc., Ronald J. Buschur and Kevin T. Michaels shall move, answer or otherwise respond on or before 60 days from the filing of a consolidated amended complaint. (see document for details). (dro) (Entered: 03/05/2012)

03/08/2012 14 NOTICE of Appearance filed by attorney Robert Russell Henssler, Jr on behalf of Plaintiff Pawel I Kmiec (Henssler, Robert) (Entered: 03/08/2012)

03/19/2012 15 ORDER by Judge Cormac J. Carney: GRANTING 7 Application to Appear Pro Hac Vice by Attorney Michael I Fistel Jr on behalf of Plaintiff Pawel I Kmiec, designating David C Walton as local counsel. (dg) (Entered: 03/21/2012)

03/19/2012 16 ORDER by Judge Cormac J. Carney: GRANTING 8 Application to Appear Pro Hac Vice by Attorney Samuel H Rudman on behalf of Plaintiff Pawel I Kmiec, designating David C Walton as local counsel. (dg) (Entered: 03/21/2012)

04/09/2012 17 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by Movants Hau Nguyen and Karen Hang Pawel I Kmiec. Motion set for hearing on 5/7/2012 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order, # 2 Memorandum, # 3 Declaration)(Bottini, Francis) (Entered: 04/09/2012)

04/09/2012 18 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Lead Plaintiff filed by Movant Samuel Newberry Pawel I Kmiec. Motion set for hearing on

5/7/2012 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order)(Godino, Marc) (Entered: 04/09/2012)

04/09/2012 19 MEMORANDUM in Support of MOTION for Appointment of Counsel and for Lead Plaintiff 18 by Movant Samuel Newberry filed by Plaintiff Pawel I Kmiec. (Godino, Marc) (Entered: 04/09/2012)

04/09/2012 20 DECLARATION of Marc L. Godino in Support of MOTION for Appointment of Counsel and for Lead Plaintiff 18 by Movant Samuel Newberry filed by Plaintiff Pawel I Kmiec. (Attachments: # 1 Exhibit Certification, # 2 Exhibit Loss Chart, # 3 Exhibit Notice, # 4 Exhibit Firm Resume)(Godino, Marc) (Entered: 04/09/2012)

04/09/2012 21 NOTICE OF MOTION AND MOTION for Appointment of Counsel Government of Bermuda Contributory and Public Service Superannuation Pension Plan as Lead Plaintiff and Approval of Selection of Lead Counsel Pawel I Kmiec. (McCormick, Tricia) (Entered: 04/09/2012)

04/09/2012 22 MEMORANDUM in Support of MOTION for Appointment of Counsel Government of Bermuda Contributory and Public Service Superannuation Pension Plan as Lead Plaintiff and Approval of Selection of Lead Counsel 21 filed by Plaintiff Pawel I Kmiec. (McCormick, Tricia) (Entered: 04/09/2012)

04/09/2012 23 DECLARATION of Tricia L. McCormick In Support of MOTION for Appointment of Counsel Government of Bermuda Contributory and Public Service Superannuation Pension Plan as Lead Plaintiff and Approval of Selection of Lead Counsel 21 filed by Plaintiff Pawel I Kmiec. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(McCormick, Tricia) (Entered: 04/09/2012)

04/09/2012 24 NOTICE OF MOTION AND MOTION for Order for Appointment as Lead Plaintiff and Approval of Lead Counsel filed by movant Xuan Mai Nguyen. Motion set for hearing on 5/7/2012 at 01:30 PM before Judge Cormac J. Carney. (twdb) (Entered: 04/10/2012)

04/09/2012 25 MEMORANDUM in Support of MOTION for Order for Appointment as Lead Plaintiff and Approval of Lead Counsel 24 filed by Movant Xuan Mai Nguyen. (twdb) (Entered: 04/10/2012)

04/09/2012 26 DECLARATION of Matthew M. Houston in support of MOTION for Order for Appointment as Lead Plaintiff and Approval of Lead Counsel 24 filed by Movant Xuan Mai Nguyen. (twdb) (Entered: 04/10/2012)

04/12/2012 27 Joint STIPULATION to Reschedule the Hearing Date on All Lead Plaintiff Motions for May 7, 2012 filed by Plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(McCormick, Tricia) (Entered: 04/12/2012)

04/16/2012 28 Notice of Withdrawal of Motion for Appointment of Counsel, 17 filed by Movants Hau Nguyen and Karen Hang Pawel I Kmiec. (Bottini, Francis) (Entered: 04/16/2012)

04/16/2012 29 NOTICE of Appearance filed by attorney Tricia L McCormick on behalf of Plaintiff Pawel I Kmiec (McCormick, Tricia) (Entered: 04/16/2012)

04/16/2012 30 MEMORANDUM in Opposition to MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17 , MOTION for Appointment of Counsel and for Lead Plaintiff 18 , MOTION for Order for Appointment as Lead Plaintiff and Approval of Lead Counsel 24 Bermuda Pension Plans' Opposition to Competing Motions for Appointment as Lead Plaintiff filed by Plaintiff Pawel I Kmiec. (McCormick, Tricia)

(Entered: 04/16/2012)

04/16/2012 33 ORDER by Judge Cormac J. Carney, GRANTING Stipulation Setting Hearing Date on All Lead Plaintiff Motions for May 7, 2012 27 : IT IS HEREBY ORDERED: 1. The lead plaintiff motions filed by Government of Bermuda Contributory and Public Service Superannuation Pension Funds, Hau Nguyen and Karen Hang, Samuel Newberry, and Xuan Mai Nguyen shall all be heard on May 7, 2012, at 1:30 p.m. (rla) (Entered: 04/19/2012)

04/17/2012 31 Notice of Withdrawal of Motion for Appointment of Counsel, 18 filed by Movant Samuel Newberry Pawel I Kmiec. (Godino, Marc) (Entered: 04/17/2012)

04/17/2012 32 Notice of Withdrawal of Motion for Order 24 filed by Movant Xuan Mai Nguyen. (Sams, Ex Kano) (Entered: 04/17/2012)

04/20/2012 34 REPLY In Support Of MOTION for Appointment of Counsel Government of Bermuda Contributory and Public Service Superannuation Pension Plan as Lead Plaintiff and Approval of Selection of Lead Counsel 21 filed by Plaintiff Pawel I Kmiec. (McCormick, Tricia) (Entered: 04/20/2012)

04/26/2012 35 MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: GRANTING GOVERNMENT OF BERMUDA CONTRIBUTORY AND PUBLIC SERVICE SUPERANNUATION PENSION PLANS' MOTION FOR APPOINTMENT AS LEAD COUNSEL AND APPROVAL OF CLASS COUNSEL 21 : Accordingly, the hearing set for May 7, 2012 at 1:30 p.m. is hereby vacated and off calendar. (See document for further details.) Accordingly, the Court GRANTS the Bermuda Pension Plans' motion, and HEREBY ORDERS AS FOLLOWS: (1) The Bermuda Pension Plans are appointed as the lead Plaintiff; (2) The Court approves the Bermuda Pension Plans' selection of Robbins Geller as lead counsel for the class; and (3) The motions filed by the Nguyen/Hang Group, Samuel Newberry, and Xuan Mai Nguyen are DENIED as moot. (rla) (Entered: 04/26/2012)

04/26/2012 36 MINUTES (IN CHAMBERS): AMENDED ORDER Judge Cormac J. Carney, GRANTING GOVERNMENT OF BERMUDA CONTRIBUTORY AND PUBLIC SERVICE SUPERANNUATION PENSION PLANS' MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF CLASS COUNSEL, re: MINUTES (IN CHAMBERS): ORDER 35 . (rla) Modified on 4/26/2012 (mu). (Entered: 04/26/2012)

06/14/2012 38 STIPULATION Regarding Extension of Time to File Consolidated Amended Complaint filed by Lead Plaintiff.(mu) (Entered: 06/19/2012)

06/18/2012 37 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Cormac J. Carney ORDERING Stipulation regarding extension of time to file consolidated amended complaint submitted by Lead Plaintiff received on 6/14/12 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mu) (Entered: 06/19/2012)

06/19/2012 39 ORDER by Judge Cormac J. Carney, GRANTING EXTENSION OF TIME TO FILE CONSOLIDATED AMENDED COMPLAINT. re: Stipulation for Extension of Time to Amend 38 . Lead Plaintiff shall file a consolidated amended compalint on or before 7/23/12; and Defendants Powerwave Technologies, Inc., Ronald J. Buschur,and Kevin T. Michaels shall move, answer or otherwise respond on or before September 21, 2012. IT IS SO ORDERED. (rla) (Entered: 06/22/2012)

07/23/2012 40 CONSOLIDATED COMPLAINT related to: Complaint - (Discovery) 1 ,filed by

plaintiff Pawel I Kmiec (Attachments: # 1 2, # 2 3, # 3 4)(twdb) (Entered: 07/24/2012)

07/24/2012 41 NOTICE OF DISCREPANCY AND ORDER: by Judge Cormac J. Carney, ORDERING Stipulation regarding briefing schedule submitted by Plaintiff Pawel I Kmiec received on 7/20/12 is not to be filed but instead rejected. Denial based on: General order 10-07, case designated for e-filing. (twdb) (Entered: 07/25/2012)

07/26/2012 42 STIPULATION for Extension of Time to File Response and Reply filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 07/26/2012)

07/30/2012 43 ORDER by Judge Cormac J. Carney Granting Stipulation re Briefing Schedule for Plaintiffs' Opposition to Defendants' Anticipated Motion to Dismiss and Defendants' Reply. IT IS HEREBY ORDERED that: 1. Lead Plaintiff shall file an opposition to Defendants anticipated motion to dismiss the consolidated amended complaint on or before November 20, 2012; 2. Defendants shall file a reply brief on or before December 20, 2012; and 3. The Court will hear Defendants anticipated motion to dismiss on January 14, 2013, or as soon thereafter as the Courts schedule permits. (db) (Entered: 08/01/2012)

09/04/2012 44 NOTICE of Appearance filed by attorney Eric Niehaus on behalf of Plaintiff Pawel I Kmiec (Niehaus, Eric) (Entered: 09/04/2012)

09/06/2012 45 NOTICE of Appearance filed by attorney Robert K Lu on behalf of Plaintiff Pawel I Kmiec (Lu, Robert) (Entered: 09/06/2012)

09/21/2012 46 NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint filed by defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Inc. Motion set for hearing on 1/14/2013 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Katharine S. Mercer in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint, # 2 Exhibit A to Mercer Declaration, # 3 Exhibit B to Mercer Declaration, # 4 Exhibit C to Mercer Declaration, # 5 Exhibit D to Mercer Declaration, # 6 Exhibit E to Mercer Declaration, # 7 Exhibit F to Mercer Declaration, # 8 Exhibit G to Mercer Declaration, # 9 Exhibit H to Mercer Declaration, # 10 Exhibit I to Mercer Declaration, # 11 Exhibit J to Mercer Declaration, # 12 Proposed Order)(Aronson, Seth) (Entered: 09/21/2012)

11/20/2012 47 OPPOSITION to MOTION to Dismiss Case Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint 46 Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs' Consolidated Class Complaint filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 11/20/2012)

12/20/2012 48 REPLY in support of MOTION to Dismiss Case Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint 46 filed by Defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Inc. (Aronson, Seth) (Entered: 12/20/2012)

01/02/2013 49 NOTICE OF MOTION AND MOTION to Continue Motion to Dismiss Hearing from January 14, 2013 to January 28, 2013 Re: MOTION to Dismiss Case Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint 46 filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 01/02/2013)

01/03/2013 50 ORDER by Judge Cormac J. Carney, CONTINUING THE HEARING DATE ON

DEFENDANTS MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED CLASS ACTION COMPLAINT FROM JANUARY 14, 2013 TO JANUARY 28, 2013: IT IS HEREBY ORDERED that the hearing date of January 14, 2013, on Defendants Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint (Dkt. No. 46) is hereby continued to January 28, 2013, at 1:30 p.m. (rla) (Entered: 01/04/2013)

01/17/2013 51 NOTICE of Decision: Notice of Recent Authority in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Exhibit A)(Henssler, Robert) (Entered: 01/17/2013)

01/17/2013 52 RESPONSE filed by Defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Incto Notice of Decision by other Court, 51 (Aronson, Seth) (Entered: 01/17/2013)

01/25/2013 53 ORDER by Judge Cormac J. Carney: GRANTING DEFENDANTS' MOTION TO DISMISS 46 . Motion to Dismiss: (See document for details.) For the foregoing reasons, the Court GRANTS Defendants motion to dismiss for failure to state a claim. Plaintiffs have twenty days leave to amend their Complaint consistent with this order. Defendants have twenty days thereafter to file a responsive pleading. (rla) (Entered: 01/25/2013)

01/28/2013 54 NOTICE of Automatic Stay filed by Defendant Powerwave Technologies Inc. (Attachments: # 1 Exhibit A)(Aronson, Seth) (Entered: 01/28/2013)

01/29/2013 55 STIPULATION for Extension of Time to File Amended Complaint filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 01/29/2013)

01/31/2013 56 (IN CHAMBERS) ORDER TO SHOW CAUSE RE STAY IN LIGHT OF NOTICE OF AUTOMATIC STAY by Judge Cormac J. Carney. Court ORDERS plaintiff to show cause in writing no later than February 7, 2013, why this action should not be STAYED IN ITS ENTIRETY in light of Defendant Powerwave Technologies' Notice of Automatic Stay filed on January 28, 2013. No oral argument of this matter will be heard unless ordered by the Court. The matter will stand submitted upon the filing of a response to the Court's order to show cause. (rla) (Entered: 01/31/2013)

02/01/2013 57 RESPONSE filed by Plaintiff Pawel I Kmiecto Order to Show Cause,, 56 Notice of Dismissal of Defendant Powerwave Technologies, Inc. and Response to the Court's Order to Show Cause (Henssler, Robert) (Entered: 02/01/2013)

02/14/2013 58 FIRST AMENDED Consolidated COMPLAINT against defendants Ronald J Buschur, Kevin T Michaels, Powerwave Technologies Inc amending Consolidated Complaint 40 ,filed by plaintiff Pawel I Kmiec (Attachments: # 1 2, # 2 3, # 3 4)(twdb) (Entered: 02/15/2013)

02/19/2013 59 STIPULATION for Order regarding Briefing Schedule for Defendants' anticipated Motion to Dismiss filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Mercer, Katharine) (Entered: 02/19/2013)

02/19/2013 60 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney:DISCHARGING ORDER TO SHOW CAUSE RE STAY IN LIGHT OF NOTICE OF AUTOMATIC STAY 56 : On January 31, 2013, the Court issued an Order to Show Cause Re Stay in Light of Notice of Automatic Stay. On February 1, 2013, plaintiff filed a Response to the Court's Order to Show Cause. In light of plaintiff's response, the Court hereby orders the OSC discharged. (rla) (Entered: 02/19/2013)

02/21/2013 61 ORDER by Judge Cormac J. Carney, GRANTING STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' ANTICIPATED MOTION TO DISMISS 59 : IT IS ORDERED that: 1. Defendants' shall file their anticipated motion to dismiss on or before March 15, 2013; 2. Lead Plaintiff shall file an opposition to Defendants anticipated motion to dismiss on or before April 15, 2013; 3. Defendants shall file a reply brief on or before May 6, 2013; and 4. The court will hear Defendants' anticipated motion to dismiss on May 20, 2013, or as soon thereafter as the courts schedule permits. (rla) (Entered: 02/22/2013)

02/26/2013 62 NOTICE OF ERRATA filed by Plaintiff Pawel I Kmiec. correcting Amended Complaint 58 Notice of Errata in First Amended Consolidated Complaint for Violations of the Federal Securities Laws (Henssler, Robert) (Entered: 02/26/2013)

02/26/2013 64 CORRECTED FIRST AMENDED CONSOLIDATED COMPLAINT against defendants Kevin T Michaels, Powerwave Technologies Inc, Ronald J Buschur; correcting FIRST Amended Complaint 58 ; filed by plaintiff Pawel I Kmiec (rla) (Entered: 03/01/2013)

02/28/2013 63 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Cormac J. Carney ORDERING Corrected First Amended Consolidated Complaint submitted by Plaintiff Pawel I Kmiec received on 02/26/2013 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (dro) (Entered: 02/28/2013)

03/15/2013 65 NOTICE OF MOTION AND MOTION to Dismiss Case / Motion to Dismiss Plaintiffs' First Amended Consolidated Complaint filed by defendants Ronald J Buschur, Kevin T Michaels. Motion set for hearing on 5/20/2013 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Katharine S. Mercer In Support of Motion, # 2 Exhibit A to Mercer Declaration, # 3 Exhibit B to Mercer Declaration, # 4 Exhibit C to Mercer Declaration, # 5 Exhibit D to Mercer Declaration, # 6 Exhibit E to Mercer Declaration, # 7 Exhibit F to Mercer Declaration, # 8 Exhibit G to Mercer Declaration, # 9 Exhibit H to Mercer Declaration, # 10 Exhibit I to Mercer Declaration, # 11 Exhibit J to Mercer Declaration, # 12 Exhibit K to Mercer Declaration, # 13 Exhibit L to Mercer Declaration, # 14 Exhibit M to Mercer Declaration, # 15 Exhibit N to Mercer Declaration, # 16 Exhibit O to Mercer Declaration, # 17 Proposed Order)(Aronson, Seth) (Entered: 03/15/2013)

04/15/2013 66 OPPOSITION to MOTION to Dismiss Case / Motion to Dismiss Plaintiffs' First Amended Consolidated Complaint 65 Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Consolidated Complaint filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2013)

05/06/2013 67 REPLY In Support of MOTION to Dismiss Case / Motion to Dismiss Plaintiffs' First Amended Consolidated Complaint 65 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Aronson, Seth) (Entered: 05/06/2013)

05/16/2013 68 MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: granting 65 Motion to Dismiss Case (filed 3/15/13). Accordingly, the hearing set for May 20, 2013 at 1:30 p.m. is hereby vacated and off calendar. (twdb) (Entered: 05/17/2013)

05/23/2013 69 STIPULATION for Extension of Time to File Amended Complaint filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 05/23/2013)

05/28/2013 70 ORDER by Judge Cormac J. Carney, GRANTING EXTENSION OF TIME TO FILE AMENDED COMPLAINT re Stipulation for Extension of Time to File 69 : IT IS ORDERED: 1. Lead Plaintiff shall file an amended complaint within 30 days of the Order, on or before June 14, 2013; and 2. Defendants Ronald J. Buschur and Kevin T. Michaels shall move to dismiss on or before July 22, 2013; 3. Lead Plaintiff shall file an opposition to the motion to dismiss on or before August 30, 2013; and 4. Defendants shall file a reply brief on or before September 23, 2013. (rla) (Entered: 05/29/2013)

06/04/2013 71 NOTICE OF INTENT TO SCHEDULE THE CASE by Judge Cormac J. Carney: TO ALL COUNSEL OF RECORD, notice is hereby given that on August 19, 2013 the Court will issue a Scheduling Order pursuant to Federal Rule of Civil Procedure 16(b) establishing dates for the completion of discovery, the filing of motions, pretrial conference, and trial in the above entitled case. No scheduling conference will be held unless ordered by the Court. (see document for details) (mu) (Entered: 06/04/2013)

06/14/2013 72 SECOND AMENDED CONSOLIDATED COMPLAINT; amending Corrected Complaint, 64 ; filed by plaintiff Pawel I Kmiec (rla) (Entered: 06/17/2013)

07/18/2013 73 NOTICE of Appearance filed by attorney Matthew Isaac Alpert on behalf of Plaintiff Pawel I Kmiec (Alpert, Matthew) (Entered: 07/18/2013)

07/22/2013 74 NOTICE OF MOTION AND MOTION to Dismiss Case ( Motion set for hearing on 10/28/2013 at 01:30 PM before Judge Cormac J. Carney.), MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint / Memorandum of Points And Authorities In Support Thereof filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Aronson, Seth) (Entered: 07/22/2013)

07/26/2013 75 Notice of Appearance or Withdrawal of Counsel: for attorney Amy J Longo counsel for Defendants Ronald J Buschur, Kevin T Michaels. Amy J. Longo is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Ronald J. Buschur and Kevin T. Michaels. (Longo, Amy) (Entered: 07/26/2013)

08/30/2013 76 OPPOSITION to MOTION to Dismiss Case MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint / Memorandum of Points And Authorities In Support Thereof 74 PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED CONSOLIDATED COMPLAINT filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 08/30/2013)

09/11/2013 77 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial N/A, filed by Plaintiff Pawel I Kmiec.. (Henssler, Robert) (Entered: 09/11/2013)

09/19/2013 78 NOTICE OF MOTION AND MOTION for Order Plaintiffs' Notice of Motion and Motion for Partial Lift of the PSLRA Discovery Stay filed by Plaintiff Pawel I Kmiec. Motion set for hearing on 10/21/2013 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 09/19/2013)

09/19/2013 79 MEMORANDUM in Support of MOTION for Order Plaintiffs' Notice of Motion and Motion for Partial Lift of the PSLRA Discovery Stay 78 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 09/19/2013)

09/19/2013 80 DECLARATION of of Robert R. Henssler Jr. In Support Of MOTION for Order Plaintiffs' Notice of Motion and Motion for Partial Lift of the PSLRA Discovery Stay 78 filed by Plaintiff Pawel I Kmiec. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Henssler, Robert) (Entered: 09/19/2013)

09/23/2013 81 REPLY In Support Of MOTION to Dismiss Case MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint / Memorandum of Points And Authorities In Support Thereof 74 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Aronson, Seth) (Entered: 09/23/2013)

09/23/2013 82 NOTICE OF MOTION AND MOTION to Withdraw MOTION for Order Plaintiffs' Notice of Motion and Motion for Partial Lift of the PSLRA Discovery Stay 78 filed by Plaintiffs Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 09/23/2013)

09/23/2013 83 EX PARTE APPLICATION for Order for Partial Lift of the Discovery Stay filed by Plaintiffs Pawel I Kmiec. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Proposed Order)(Henssler, Robert) (Entered: 09/23/2013)

09/24/2013 84 OPPOSITION to EX PARTE APPLICATION for Order for Partial Lift of the Discovery Stay 83 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Declaration Of Seth Aronson)(Aronson, Seth) (Entered: 09/24/2013)

09/26/2013 85 OF SERVICE filed by Plaintiffs Pawel I Kmiec, re EX PARTE APPLICATION for Order for Partial Lift of the Discovery Stay 83 , Response in Opposition to Motion 84 Chapter 7 Trustee served on 09/25/2013. (Henssler, Robert) (Entered: 09/26/2013)

10/04/2013 86 MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney granting 82 Plaintiffs' Motion to Withdraw Motion for Partial Lift of the PSLRA Discovery Stay and denying without prejudice Plaintiffs' 83 Ex Parte Application. Accordingly, Plaintiffs' ex parte application to lift the PSLRA stay is DENIED WITHOUT PREJUDICE. Plaintiffs may re-file their application, provided that such re-filed application shall (i) demonstrate that Plaintiffs have exhausted their options in the Bankruptcy Court to challenge the Trustee's motion to destroy evidence or to otherwise obtain clarification regarding the documents the Trustee intends to retain pursuant to its statutory duties, and (ii) brief the issue of whether this Court has the authority to permit service of discovery requests on a bankruptcy trustee during the pendency of proceedings before a bankruptcy court. The Court further GRANTS Plaintiffs' unopposed motion to withdraw their September 19, 2013 motion for partial lift of the PSLRA stay and vacates and takes off calendar the hearing set for October 21, 2013. (see document for details). (dro) (Entered: 10/04/2013)

10/04/2013 87 NOTICE of Recent Authority in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Plaintiffs Pawel I Kmiec. (Attachments: # 1 Exhibit A)(Henssler, Robert) (Entered: 10/04/2013)

10/07/2013 88 RESPONSE filed by Defendants Ronald J Buschur, Kevin T Michaelsto Notice (Other) 87 /Response to Notice of Recent Authority (Aronson, Seth) (Entered: 10/07/2013)

10/08/2013 89 NOTICE OF DISCREPANCY AND ORDER by Judge Cormac J. Carney rejecting the filing of document submitted 10/4/13. (see document for details). (dro) (Entered: 10/09/2013)

10/23/2013 90 MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: denying 74 Motion to Dismiss Second Amended Consolidated Complaint filed 7/22/13. Accordingly, the hearing set for October 28, 2013 at 1:30 p.m. is hereby vacated and off calendar. (twdb) (Entered: 10/24/2013)

11/04/2013 91 STIPULATION for Extension of Time to File Answer to 11/20/2013 re Amended Complaint 72 filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Attorney Smita Reddy added to party Ronald J Buschur(pty:dft),

Attorney Smita Reddy added to party Kevin T Michaels(pty:dft))(Reddy, Smita) (Entered: 11/04/2013)

11/06/2013 92 ORDER by Judge Cormac J. Carney, granting Stipulation to Extend Time to Answer Second Amended Consolidated Complaint 91 (twdb) (Entered: 11/06/2013)

11/19/2013 93 ANSWER to Amended Complaint 72 JURY DEMAND. filed by Defendant Ronald J Buschur, Kevin T Michaels.(Aronson, Seth) (Entered: 11/19/2013)

11/20/2013 94 APPLICATION for attorney Abby Faith Rudzin to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13009468 paid.) filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Aronson, Seth) (Entered: 11/20/2013)

11/21/2013 95 ORDER by Judge Cormac J. Carney: granting 94 Application to Appear Pro Hac Vice by Attorney Abby F. Rudzin on behalf of defendant, designating Seth A. Aronson as local counsel. (twdb) (Entered: 11/22/2013)

12/03/2013 96 JOINT REPORT Rule 26(f) Discovery Plan Joint Case Management Report ; estimated length of trial 2 to 4 weeks, filed by Plaintiff Pawel I Kmiec.. (Henssler, Robert) (Entered: 12/03/2013)

12/05/2013 97 STIPULATION for Protective Order filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Alpert, Matthew) (Entered: 12/05/2013)

12/13/2013 98 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings ; and Memorandum of Points and Authorities in Support thereof filed by defendants Ronald J Buschur, Kevin T Michaels. Motion set for hearing on 2/24/2014 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order)(Aronson, Seth) (Entered: 12/13/2013)

12/13/2013 99 SCHEDULING ORDER by Judge Cormac J. Carney: Discovery cut-off 10/10/2014. Motions due by 12/12/2014. Last date to conduct settlement conference is 11/18/2014. Pretrial Conference set for 1/12/2015 at 3:00 PM before Judge Cormac J. Carney. Jury Trial set for 1/27/2015 at 9:00 AM before Judge Cormac J. Carney. (mu) (Entered: 12/13/2013)

12/13/2013 100 ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (see document for details) (mu) (Entered: 12/13/2013)

12/16/2013 101 NOTICE Change of Firm Name filed by Plaintiff Pawel I Kmiec. (Fistel, Michael) (Entered: 12/16/2013)

12/17/2013 102 MINUTE ORDER IN CHAMBERS by Magistrate Judge Jean P. Rosenbluth re: Stipulation for Protective Order 97 . The parties' proposed Confidentiality and Protective Order has been referred to the Magistrate Judge for consideration. She declines to approve or issue it, for the following reasons: (See document for details.) (wr) (Entered: 12/17/2013)

12/18/2013 103 NOTICE OF LODGING filed Notice of Lodging of [Proposed] Confidentiality and Protective Order re Minutes of In Chambers Order/Directive - no proceeding held, 102 (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 12/18/2013)

12/19/2013 104 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 101 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Change of Attorney Business Information. In response to this notice

the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) (Entered: 12/19/2013)

12/19/2013 105 NOTICE of Appearance filed by attorney Meghan Alexandra Royal on behalf of Plaintiff Pawel I Kmiec (Attorney Meghan Alexandra Royal added to party Pawel I Kmiec(pty:pla))(Royal, Meghan) (Entered: 12/19/2013)

12/20/2013 106 Notice of Appearance or Withdrawal of Counsel: for attorney Katharine S Mercer counsel for Defendants Ronald J Buschur, Kevin T Michaels. Katharine S. Mercer is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Ronald J. Buschur and Kevin T. Michaels. (Mercer, Katharine) (Entered: 12/20/2013)

12/20/2013 107 Notice of Appearance or Withdrawal of Counsel: for attorney Smita Reddy counsel for Defendants Ronald J Buschur, Kevin T Michaels. Smita Reddy is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Ronald J. Buschur and Kevin T. Michaels. (Reddy, Smita) (Entered: 12/20/2013)

12/20/2013 108 CONFIDENTIALITY AND PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re: Notice of Lodging 103 . (See Order for details.) (wr) (Entered: 12/20/2013)

01/16/2014 109 OPPOSITION to MOTION for Judgment on the Pleadings ; and Memorandum of Points and Authorities in Support thereof 98 Lead Plaintiffs' Opposition to Defendants' Motion for Reconsideration/Judgment on the Pleadings filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 01/16/2014)

01/31/2014 110 Notice of Appearance or Withdrawal of Counsel: for attorney Alec Johnson counsel for Defendants Ronald J Buschur, Kevin T Michaels. Adding Alec Johnson as attorney as counsel of record for Ronald J. Buschur and Kevin T. Michaels for the reason indicated in the G-123 Notice. Filed by defendants Ronald J. Buschur and Kevin T. Michaels. (Attorney Alec Johnson added to party Ronald J Buschur(pty:dft), Attorney Alec Johnson added to party Kevin T Michaels(pty:dft))(Johnson, Alec) (Entered: 01/31/2014)

02/10/2014 111 REPLY In Support Of MOTION for Judgment on the Pleadings ; and Memorandum of Points and Authorities in Support thereof 98 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 02/10/2014)

02/10/2014 112 REQUEST FOR JUDICIAL NOTICE re MOTION for Judgment on the Pleadings ; and Memorandum of Points and Authorities in Support thereof 98 filed by Defendant Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 02/10/2014)

02/10/2014 113 DECLARATION of Alec Johnson re Reply (Motion related) 111 , Request for Judicial Notice, Request for Relief 112 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Exhibit 1-11)(Johnson, Alec) (Entered: 02/10/2014)

02/11/2014 114 MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: denying 98 Motion for Judgment on the Pleadings. (twdb) (Entered: 02/11/2014)

03/04/2014 115 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Ira Fistel, Jr counsel for Plaintiff Pawel I Kmiec. Michael I. Fistel, Jr. is no longer attorney of record

for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Pawel I. Kmiec. (Fistel, Michael) (Entered: 03/04/2014)

05/13/2014 116 Joint STIPULATION for Protective Order filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 [Proposed] Joint Amended Confidentiality and Protective Order)(Johnson, Alec) (Entered: 05/13/2014)

05/14/2014 117 JOINT AMENDED CONFIDENTIALITY PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 116 . (twdb) (Entered: 05/15/2014)

05/29/2014 118 STIPULATION for Order Revising Scheduling Order filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 05/29/2014)

06/02/2014 119 STIPULATION for Order to Coordinate Depositions in Kmiec and AG Net Actions filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 06/02/2014)

06/02/2014 120 ORDER by Judge Cormac J. Carney, granting Stipulation for Order Regarding Revised Scheduling Order 118 . ( Pretrial Conference continued to 3/14/2016 03:00 PM before Judge Cormac J. Carney.) If the Courts schedule permits, the case will be set for a jury trial, beginning Tuesday, March 22, 2016, at 9:00 a.m. (twdb) (Entered: 06/03/2014)

06/03/2014 121 ORDER TO COORDINATE DEPOSITIONS by Magistrate Judge Jean P. Rosenbluth, re Stipulation for Order 119 . (See Order for details) (bem) (Entered: 06/03/2014)

08/15/2014 122 NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiffs Pawel I Kmiec. Motion set for hearing on 12/15/2014 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Declaration of Matthew I. Alpert, # 3 Exhibit 1 to Alpert Decl (Jarrell Decl), # 4 Exhibit 2 to Alpert Decl (BK Order), # 5 Declaration of Michael C. Simmons, # 6 Proposed Order)(Alpert, Matthew) (Entered: 08/15/2014)

09/12/2014 123 NOTICE OF MOTION AND MOTION for Protective Order for re Work Product Joint Stipulation Regarding Lead Plaintiff's Motion for A Protective Order filed by plaintiff Pawel I Kmiec. Motion set for hearing on 10/9/2014 at 10:00 AM before Magistrate Judge Jean P. Rosenbluth. (Attachments: # 1 Declaration of Robert R. Henssler, Jr. with Exhibits A to K, # 2 Declaration of Alec Johnson with Exhibits 1 to 8)(Henssler, Robert) (Entered: 09/12/2014)

09/22/2014 124 Joint STIPULATION for Extension of Time to File Response as to MOTION to Certify Class 122 filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 09/22/2014)

09/23/2014 125 STIPULATED ORDER by Judge Cormac J. Carney to Extend Time to Respond to Lead Plaintiff's Motion for Class Certification 124 . Hearing on Lead Plaintiff's Motion is continued to 3/2/2015 at 01:30 PM before Judge Cormac J. Carney. (mt) (Entered: 09/24/2014)

09/25/2014 126 SUPPLEMENT to MOTION for Protective Order for re Work Product Joint Stipulation Regarding Lead Plaintiff's Motion for A Protective Order 123 Lead Plaintiff's Supplemental Memorandum in Support of Lead Plaintiff's Portion of Joint Stipulation re Lead Plaintiff's Motion for a Protective Order filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 09/25/2014)

10/03/2014 127 MINUTES (IN CHAMBERS) ORDER Denying Lead Plaintiff's Motion for Protective Order by Magistrate Judge Jean P. Rosenbluth: On September 12, 2014, Lead Plaintiff filed a motion for a protective order, seeking to quash Defendants'subpoena to a third party. Lead Plaintiff filed a supplemental memorandum on September 25, 2014; Defendants did not do so. Because the Court finds that oral argument will not materially assist it, the hearing set for October 9, 2014, is ORDERED OFF CALENDAR, see Local R. 7-15, and the Court now rules as follows. denying 123 Motion for Protective Order (See Order for details) (bem) (Entered: 10/03/2014)

10/15/2014 128 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Protective Order,, 127 Notice of Motion and Motion for Reconsideration of the Court's October 3, 2014 Order Denying Lead Plaintiff's Motion for a Protective Order filed by plaintiff Pawel I Kmiec. Motion set for hearing on 11/20/2014 at 10:00 AM before Magistrate Judge Jean P. Rosenbluth. (Attachments: # 1 Memorandum, # 2 Declaration of Robert R. Henssler, Jr., # 3 Proposed Order)(Henssler, Robert) (Entered: 10/15/2014)

10/16/2014 129 MINUTES (IN CHAMBERS) Order re Lead Plaintiff's Motion for Reconsideration by Magistrate Judge Jean P. Rosenbluth: On October 15, 2014, Lead Plaintiff filed a motion for reconsideration of the Court's October 3 Order denying his motion for a protective order. Defendants may file any opposition no later than 10 days from the date of this order. Lead Plaintiff may file a reply within seven days of service of the opposition. The matter will stand submitted for decision at that time. Accordingly, the hearing scheduled for November 20, 2014, is ORDERED OFF CALENDAR. 128 . (bem) (Entered: 10/16/2014)

10/17/2014 130 Defendant's Opposition re: MOTION for Reconsideration re Order on Motion for Protective Order,, 127 Notice of Motion and Motion for Reconsideration of the Court's October 3, 2014 Order Denying Lead Plaintiff's Motion for a Protective Order 128 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Aronson, Seth) (Entered: 10/17/2014)

10/24/2014 131 REPLY MOTION for Reconsideration re Order on Motion for Protective Order,, 127 Notice of Motion and Motion for Reconsideration of the Court's October 3, 2014 Order Denying Lead Plaintiff's Motion for a Protective Order 128 Lead Plaintiff's Reply to Their Motion for Reconsideration of the Court's October 3, 2014 Order Denying Motion for a Protective Order filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 10/24/2014)

11/03/2014 132 MINUTES (IN CHAMBERS) Order Denying Lead Plaintiff's Motion for Reconsideration by Magistrate Judge Jean P. Rosenbluth: On October 15, 2014, Lead Plaintiff filed a motion for reconsideration of the Court's October 3 Order denying his motion for a protective order. On October 17, Defendants filed opposition, and on October 24, Lead Plaintiff filed a reply. For the reasons stated below, the reconsideration motion is DENIED. (See Order for details)denying 128 Motion for Reconsideration 131 (bem) (Entered: 11/03/2014)

11/03/2014 133 NOTICE OF MOTION AND MOTION to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 filed by Defendant Ronald J Buschur, Kevin T Michaels. Motion set for hearing on 12/4/2014 at 10:00 AM before Magistrate Judge Jean P. Rosenbluth. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 11/03/2014)

11/03/2014 134 JOINT STIPULATION to MOTION to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 133 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson,

Alec) (Entered: 11/03/2014)

11/03/2014 135 DECLARATION of Alec Johnson in support of MOTION to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 133 134 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 11/03/2014)

11/03/2014 136 DECLARATION of Robert R. Henssler Jr. in opposition to MOTION to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 133 134 / Filed on behalf of Plaintiff Pawel I. Kmiec filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 11/03/2014)

11/03/2014 137 NOTICE OF MOTION AND MOTION to Compel Production of the Signed Affidavit of Non-Party Christie Martinez filed by Defendant Ronald J Buschur, Kevin T Michaels. Motion set for hearing on 12/4/2014 at 10:00 AM before Magistrate Judge Jean P. Rosenbluth. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 11/03/2014)

11/03/2014 138 JOINT STIPULATION to MOTION to Compel Production of the Signed Affidavit of Non-Party Christie Martinez 137 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 11/03/2014)

11/03/2014 139 DECLARATION of Alec Johnson in support of MOTION to Compel Production of the Signed Affidavit of Non-Party Christie Martinez 137 138 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 11/03/2014)

11/03/2014 140 DECLARATION of Joseph McMullen in opposition to MOTION to Compel Production of the Signed Affidavit of Non-Party Christie Martinez 137 138 / Filed on behalf of Non-Party Christie Martinez filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 11/03/2014)

11/04/2014 141 NOTICE of Appearance filed by attorney X Jay Alvarez on behalf of Plaintiff Pawel I Kmiec (Attorney X Jay Alvarez added to party Pawel I Kmiec(pty:pla))(Alvarez, X) (Entered: 11/04/2014)

11/04/2014 142 Notice of Withdrawal of Motion to Compel, 137 , Declaration (Motion related) 139 , Joint Stipulation re Discovery Motion 138 , Declaration (Motion related), 140 filed by Defendant Ronald J Buschur, Kevin T Michaels. (Aronson, Seth) (Entered: 11/04/2014)

11/12/2014 143 STIPULATION to Continue Hearing on Defendants' Motion to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 from December 4, 2014 to December 11, 2014 Re: MOTION to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 133 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 11/12/2014)

11/13/2014 144 ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO COMPEL RESPONSES TO INTERROGATORIES NOS. 13, 14, 15, AND 16 by Magistrate Judge Jean P. Rosenbluth. On November 12, 2014, the parties filed a joint stipulation to continue the hearing on Defendants Ronald J. Buschurs and Kevin T. Michaels motion to compel responses to Interrogatories Nos. 13, 14, 15, and 16, which is currently scheduled for hearing on December 4, 2014. Based on the joint stipulation of the parties, the Court continues the hearing on Defendants' motion to December 11, 2014, at 10 a.m. 133 , 143 (bem) (Entered: 11/13/2014)

11/18/2014 145 STIPULATION for Extension of Time to File as to MOTION to Certify Class 122 Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 11/18/2014)

11/19/2014 146 ORDER by Judge Cormac J. Carney, granting Stipulation for Extension of Time to File Response/Reply to Lead Plaintiff's Motion for Class Certification 145 . See Order for deadlines. ( Motion reset for hearing on 3/16/2015 at 01:30 PM before Judge Cormac J. Carney.) (twdb) (Entered: 11/20/2014)

11/21/2014 147 Joint STIPULATION for Order to Modify the Courts December 13, 2013 Scheduling Order with Respect to the Limitation on the Number of Depositions filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 11/21/2014)

11/25/2014 148 ORDER TO MODIFY THE COURT'S DECEMBER 13, 2013 SCHEDULING ORDER WITH RESPECT TO THE LIMITATION ON THE NUMBER OF DEPOSITIONS by Magistrate Judge Jean P. Rosenbluth, re Stipulation for Order 147 . Based on the joint stipulation of the parties, the Court permits Plaintiff to take 25 depositions in this action. (See Order for details) (bem) (Entered: 11/25/2014)

12/01/2014 149 SUPPLEMENT to MOTION to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 133 Lead Plaintiff's Supplemental Memorandum of Points and Authorities in Support of Lead Plaintiff's Portion of Joint Stipulation Regarding Defendants' Motion to Compel Responses to Interrogatories Nos. 13, 14, 15, and 16 filed by Plaintiff Pawel I Kmiec. (Attachments: # 1 Exhibit A (Second Supp Rog Responses))(Henssler, Robert) (Entered: 12/01/2014)

12/01/2014 150 MEMORANDUM in Support of MOTION to Compel Responses to Interrogatories Nos. 13, 14, 15 and 16 133 /Supplemental Memorandum of Law in Support of Motion to Compel Responses to Interrogatories Nos. 13, 14, 15, and 16 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Aronson, Seth) (Entered: 12/01/2014)

12/02/2014 151 MINUTES (IN CHAMBERS) ORDER Denying Defendants' Motion to Compel Further Responses to Interrogatories 13, 14, 15, and 16 by Magistrate Judge Jean P. Rosenbluth: On November 3, 2014, Defendants filed a motion to compel Plaintiffs to provide further responses to four interrogatories. Each party filed a supplemental memorandum on December 1, 2014. Because oral argument will not materially assist the Court in resolving the dispute, the hearing set for December 11, 2014, is ORDERED OFF CALENDAR. Defendants' motion to compel is DENIED. denying 133 Motion to Compel (bem) (Entered: 12/02/2014)

12/11/2014 152 Joint STIPULATION to AMEND Order,, Set/Reset Hearing,, Terminate Hearings, 120 filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 12/11/2014)

12/11/2014 153 Joint STIPULATION for Issuance of Letters Rogatory filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Schedule A, # 2 Schedule B, # 3 [Proposed] Letter Rogatory)(Johnson, Alec) (Entered: 12/11/2014)

12/17/2014 154 Joint STIPULATION for Issuance of Letters Rogatory // (Revised) filed by Defendant Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 [Proposed] Letter Rogatory)(Johnson, Alec) (Entered: 12/17/2014)

12/22/2014 155 AMENDED SCHEDULING ORDER by Judge Cormac J. Carney. The deadlines and hearings originally scheduled have been rescheduled.( Fact Discovery cut-off 7/31/2015., Pretrial Conference set for 7/18/2016 03:00 PM before Judge Cormac J. Carney.) If the Courts schedule permits, the case will be set for a jury trial, beginning Tuesday, July 26, 2016, at 8:30 a.m. (twdb) (Entered: 12/23/2014)

12/24/2014 156 NOTICE OF MOTION AND MOTION to Compel Deposition of Christie Martinez and David Quimby filed by Defendants Ronald J Buschur, Kevin T Michaels. Motion set for hearing on 1/15/2015 at 10:00 AM before Magistrate Judge Jean P. Rosenbluth. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 12/24/2014)

12/24/2014 157 JOINT STIPULATION to MOTION to Compel Deposition of Christie Martinez and David Quimby 156 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 12/24/2014)

12/24/2014 158 DECLARATION of Alec Johnson in support of MOTION to Compel Deposition of Christie Martinez and David Quimby 156 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Exhibits 1 through 16)(Johnson, Alec) (Entered: 12/24/2014)

12/24/2014 159 DECLARATION of Joseph McMullen in support of MOTION to Compel Deposition of Christie Martinez and David Quimby 156 and Joint Stipulation re Motion to Compel 157 / Filed on behalf of nonparties Christie Martinez and David Quimby filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 12/24/2014)

12/31/2014 160 MEMORANDUM in Support of MOTION to Compel Deposition of Christie Martinez and David Quimby 156 / Supplemental Memorandum of Law in Support of Motion to Compel Deposition of Christie Martinez and David Quimby filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Declaration of Seth Aronson in Support)(Aronson, Seth) (Entered: 12/31/2014)

01/02/2015 161 Lead Plaintiff's Memorandum of Law Regarding Defendants' Motion to Compel the Depositions of Christie Martinez and David Quimby to Los Angeles County re MOTION to Compel Deposition of Christie Martinez and David Quimby 156 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 01/02/2015)

01/12/2015 162 MINUTES (IN CHAMBERS) ORDER Granting in Part Defendants' Motion to Compel Depositions by Magistrate Judge Jean P. Rosenbluth: On December 24, 2014, Defendants filed a motion to compel third parties Christie Martinez and David Quimby to be deposed at Defendants' counsel's Los Angeles office instead of the Newport Beach office, where the third parties prefer. Defendants filed a supplemental memorandum on December 31. Because oral argument will not materially assist the Court in resolving the dispute, the hearing set for January 15, 2015, is ORDERED OFF CALENDAR. See Local R. 7-15. Accordingly, the motion to compel Martinez, a third party whose interests should particularly be safeguarded, to sit for her deposition in Los Angeles is DENIED. The start time of the deposition shall be no earlier than 9:30 a.m. to accommodate Martinez's daily work meeting. (See Order for details)granting in part and denying in part 156 Motion to Compel Deposition (bem) (Entered: 01/12/2015)

02/02/2015 163 Joint STIPULATION for Order Joint Stipulation to Divide the Deposition of Alain Ducharme Between the Parties filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Henssler, Robert) (Entered: 02/02/2015)

02/03/2015 164 MINUTES (IN CHAMBERS) Order Denying Without Prejudice Joint Stipulation to Divide the Deposition of Alain Ducharme Between the Parties by Magistrate Judge Jean P. Rosenbluth: On February 2, 2015, the parties filed a stipulation concerning the deposition of someone named Alain Ducharme, requiring him to appear on two different dates for depositions of three and a half hours each. The parties have not explained who Ducharme is, whether he is represented by counsel, and whether he objects to the procedure. Specifically, they have not made clear if he is a third party or where the

depositions are to take place. The Court will not so order without this information. For all these reasons, the proposed stipulation is DENIED without prejudice to its refiling with the necessary missing information. (See Order for details) 163 . (bem) (Entered: 02/03/2015)

03/11/2015 165 STIPULATION to AMEND Scheduling Order,, Set/Reset Deadlines/Hearings, 155 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 03/11/2015)

03/12/2015 166 AMENDED SCHEDULING ORDER by Judge Cormac J. Carney, re Stipulation to Amend/Correct 165 . (twdb) (Entered: 03/13/2015)

04/29/2015 167 NOTICE OF MOTION AND MOTION of M. Alexandra Royal to Withdraw as Attorney Motion for Leave to Withdraw M. Alexandra Royal as Attorney of Record filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order)(Alpert, Matthew) (Entered: 04/29/2015)

04/30/2015 168 ORDER Granting Motion for Leave to Withdraw as Attorney 167 by Judge Cormac J. Carney: Having considered Lead Plaintiff's Motion for Leave to Withdraw M. Alexandra Royal as Attorney of Record, the Court hereby grants Lead Plaintiff's Motion. M. Alexandra Royal is hereby removed from the Court's docket and the ECF service list as attorney of record for Lead Plaintiff. (lwag) (Entered: 05/01/2015)

06/03/2015 169 NOTICE of Appearance filed by attorney Ryan A Llorens on behalf of Plaintiff Pawel I Kmiec (Attorney Ryan A Llorens added to party Pawel I Kmiec(pty:pla))(Llorens, Ryan) (Entered: 06/03/2015)

06/08/2015 170 APPLICATION for Order for filing Under Seal pursuant to L.R. 79-5.1 filed by defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Aronson, Seth) (Entered: 06/08/2015)

06/08/2015 171 MEMORANDUM in Opposition to MOTION to Certify Class 122 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Declaration of Seth Aronson in Support of, # 2 Exhibits 1-5 to Declaration of Seth Aronson)(Aronson, Seth) (Entered: 06/08/2015)

06/08/2015 172 NOTICE OF ERRATA filed by Defendants Ronald J Buschur, Kevin T Michaels. correcting MEMORANDUM in Opposition to Motion, 171 /correcting Exhibits 1 through 5 to the Declaration of Seth Aronson filed in Support of the Memorandum in Opposition (Attachments: # 1 Exhibit A - Exhibits 1 through 5 to Declaration of Seth Aronson in Support of Opposition)(Aronson, Seth) (Entered: 06/08/2015)

06/09/2015 173 SEALED DOCUMENT RE: MEMORANDUM of Points and Authorities in Opposition to Lead Plaintiff's Motion for Class Certification. (lwag) (Entered: 06/09/2015)

06/09/2015 174 SEALED DOCUMENT RE: EXHIBIT 2 to the Declaration of Seth Aronson in Support of Defendants' Opposition to Lead Plaintiff's Motion for Class Certification. (lwag) (Entered: 06/09/2015)

06/09/2015 175 ORDER by Judge Cormac J. Carney: Granting Defendant's Application to File Under Seal Pursuant to L.R. 79-5.1: (1) Selected Portions of Defendants' Opposition to Lead Plaintiff's Motion for Class Certification; and (2) Exhibit 2 to the Declaration of Seth Aronson in Support of Defendants' Opposition to Lead Plaintiff's Motion for Class Certification 170 (mt) (Entered: 06/09/2015)

06/10/2015 176 PROOF OF SERVICE filed by defendants Ronald J Buschur, Kevin T Michaels, re Exhibit (non-trial) 174 , Memorandum of Points and Authorities in Opposition 173 served on June 9, 2015. (Leu, Michelle) (Entered: 06/10/2015)

06/15/2015 177 NOTICE OF MOTION AND MOTION for Order for Issuance of Letter Rogatory Regarding Discovery From John Marvin MaGee Lead Plaintiff's Unopposed Motion for Issuance of Letter Rogatory Regarding Discovery from John Marvin MaGee filed by plaintiffs Pawel I Kmiec. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Alpert, Matthew) (Entered: 06/15/2015)

06/16/2015 178 ORDER GRANTING LEAD PLAINTIFF'S UNOPPOSED MOTION FOR ISSUANCE OF LETTER ROGATORY REGARDING DISCOVERY FROM JOHN MARVIN MAGEE by Magistrate Judge Jean P. Rosenbluth: Having considered Lead Plaintiff's Unopposed Motion for Issuance of Letter Rogatory Regarding Discovery from John Marvin MaGee ("Motion"), the Court hereby GRANTS Lead Plaintiff's Motion. Upon entry of this Order, the Court will issue the Letter Rogatory to the Ontario Superior Court of Justice to secure deposition testimony of John Marvin MaGee. IT IS SO ORDERED. granting 177 Motion for Order (bem) (Entered: 06/16/2015)

07/27/2015 179 APPLICATION for Order for to File Under Seal Pursuant to L.R. 79-5.1 Lead Plaintiff's Application to File Under Seal Pursuant to L.R. 79-5.1 filed by plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Order) (Henssler, Robert) (Entered: 07/27/2015)

07/27/2015 180 REPLY in support of motion MOTION to Certify Class 122 Lead Plaintiff's Reply Memorandum of Law in Support of Its Motion for Class Certification filed by Plaintiff Pawel I Kmiec. (Attachments: # 1 Declaration Declaration of Robert R. Henssler, Jr, # 2 Exhibit 1 to Henssler Decl., # 3 Exhibit 2 to Henssler Decl (FILED UNDER SEAL), # 4 Exhibit 3 to Henssler Decl)(Henssler, Robert) (Entered: 07/27/2015)

07/27/2015 181 NOTICE of Manual Filing filed by Plaintiff Pawel I Kmiec of Exhibit 2 to Declaration of Robert R. Henssler, Jr. In Support of Lead Plaintiff's Reply Memorandum of Law In Support of Its Motion for Class Certification. (Henssler, Robert) (Entered: 07/27/2015)

07/28/2015 182 ORDER by Judge Cormac J. Carney: Granting Lead Plaintiff's APPLICATION to File Under Seal Pursuant to L.R. 79-5.1 179 (mt) (Entered: 07/29/2015)

07/28/2015 184 SEALED DOCUMENT RE: EXHIBIT 2 to the Declaration of Robert R. Henssler Jr in Support of Lead Plaintiff's Reply Memorandum of Law in Support of its Motion for Class Certification. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6, # 6 Part 7, # 7 Part 8, # 8 Part 9, # 9 Part 10, # 10 Part 11, # 11 Part 12)(lwag) (Entered: 07/31/2015)

07/30/2015 183 PROOF OF SERVICE filed by plaintiffs Pawel I Kmiec, re Order on Motion for Order 182 , Notice of Manual Filing (G-92) 181 Proof of Service of Conformed Sealed Document served on 07/30/2015. (Alpert, Matthew) (Entered: 07/30/2015)

08/05/2015 185 MINUTE (IN CHAMBERS) ORDER Continuing Hearing on Plaintiff's Motion for Class Certification [filed 8/15/14] 122 by Judge Cormac J. Carney: The Court, on its own motion, hereby CONTINUES the hearing on the motion for class certification, (Dkt. No. 122), currently set for August 10, 2015 at 1:30 p.m., to September 21, 2015 at 1:30 p.m. (lwag) (Entered: 08/05/2015)

08/14/2015 186 NOTICE OF MOTION AND Renewed MOTION to Compel Answers to Interrogatories of Pawel I. Kmiec filed by defendants Ronald J Buschur, Kevin T Michaels. Motion set for hearing on 9/17/2015 at 10:00 AM before Magistrate Judge Jean P. Rosenbluth.

(Attachments: # 1 Declaration of Alec Johnson in Support of, # 2 Exhibit A to Johnson Declaration, # 3 Exhibit B to Johnson Declaration, # 4 Exhibit C to Johnson Declaration, # 5 Exhibit D to Johnson Declaration, # 6 Exhibit E (Part 1 of 2) to Johnson Declaration, # 7 Exhibit E (Part 2 of 2) to Johnson Declaration, # 8 Exhibit F to Johnson Declaration, # 9 Proposed Order)(Johnson, Alec) (Entered: 08/14/2015)

08/14/2015 187 JOINT STIPULATION to Renewed MOTION to Compel Answers to Interrogatories of Pawel I. Kmiec 186 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 08/14/2015)

08/14/2015 188 DECLARATION of Matthew I. Alpert re Joint Stipulation re Discovery Motion 187 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Johnson, Alec) (Entered: 08/14/2015)

09/03/2015 189 DECLARATION of Alec Johnson re Joint Stipulation re Discovery Motion 187 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 09/03/2015)

09/03/2015 190 MEMORANDUM in Support of Renewed MOTION to Compel Answers to Interrogatories of Pawel I. Kmiec 186 filed by Defendants Ronald J Buschur, Kevin T Michaels. (Johnson, Alec) (Entered: 09/03/2015)

09/14/2015 191 MINUTES (IN CHAMBERS)Order Taking Defendants' Renewed Motion to Compel Supplemental Responses to Interrogatories Under Submission and Vacating Hearing Date by Magistrate Judge Jean P. Rosenbluth: On August 14, 2015, Defendants filed a renewed motion to compel Plaintiffs' supplemental answers to certain interrogatories. On September 3, 2015, Defendants filed a supplemental memorandum under Local Rule 37-2.3; Plaintiffs did not. After reviewing the pleadings, the Court concludes that oral argument will not materially assist it in resolving the dispute. Accordingly, the hearing set for September 17, 2015, is ORDERED OFF CALENDAR and the matter is taken under submission. See C.D. Cal. R. 7-15. 186 , 190 . (bem) (Entered: 09/14/2015)

09/15/2015 192 Joint STIPULATION to Stay Case pending Approval of Settlement filed by Defendants Ronald J Buschur, Kevin T Michaels. (Attachments: # 1 Proposed Order)(Johnson, Alec) (Entered: 09/15/2015)

09/16/2015 193 ORDER Staying All Proceedings 192 by Judge Cormac J. Carney: Based on the joint stipulation entered by the parties on September 15, 2015, the Court hereby stays all proceedings in the above-captioned matter pending Lead Plaintiff's submission of a motion for preliminary approval of the settlement. If Lead Plaintiff has not moved for preliminary approval within 45 days from the date of this order, the parties will provide a status update to the Court at that time. (Made JS-6. Case Terminated.) (lwag) (Entered: 09/16/2015)

10/30/2015 194 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Proposed Class Action Settlement and Certification of Class for Settlement Purposes filed by Plaintiff Pawel I Kmiec. Motion set for hearing on 12/7/2015 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order Preliminarily Approving Settlement and Providing for Notice) (Henssler, Robert) (Entered: 10/30/2015)

10/30/2015 195 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Proposed Class Action Settlement and Certification of Class for Settlement Purposes 194 filed by Plaintiff Pawel I Kmiec.

(Henssler, Robert) (Entered: 10/30/2015)

10/30/2015 196 SETTLEMENT AGREEMENT filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 10/30/2015)

11/02/2015 197 NOTICE of Appearance filed by attorney Ellen Anne Gusikoff Stewart on behalf of Plaintiff Pawel I Kmiec (Attorney Ellen Anne Gusikoff Stewart added to party Pawel I Kmiec(pty:pla))(Gusikoff Stewart, Ellen) (Entered: 11/02/2015)

12/04/2015 198 ORDER Granting Preliminary Approval of Class Action Settlement 194 by Judge Cormac J. Carney: For the foregoing reasons, the Court GRANTS provisional certification of the class for settlement purposes only; GRANTS preliminary approval of the settlement; APPROVES the appointment of Lead Counsel as Class Counsel; APPROVES Lead Plaintiff to be the class representative; APPROVES Gilardi to be the Claim Administrator; and APPROVES of the proposed distribution of notice to the class. Notice shall be distributed to class members by February 1, 2016. The final approval hearing shall be held on Monday, July 11, 2016 at 1:30 p.m. See document for further information. (lwag) (Entered: 12/04/2015)

12/09/2015 199 Notice of Appearance or Withdrawal of Counsel: for attorney Robert Russell Henssler, Jr counsel for Plaintiff Pawel I Kmiec. Robert K. Lu is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Pawel I. Kmiec. (Henssler, Robert) (Entered: 12/09/2015)

04/15/2016 200 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds filed by plaintiff Pawel I Kmiec. Motion set for hearing on 7/11/2016 at 01:30 PM before Judge Cormac J. Carney. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 201 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds 200 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 202 NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) filed by plaintiff Pawel I Kmiec. Motion set for hearing on 7/11/2016 at 01:30 PM before Judge Cormac J. Carney. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 203 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 204 DECLARATION of Robert R. Henssler Jr. in support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds 200 , NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 205 DECLARATION of Michael C. Simmons in support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds 200 , NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 206 DECLARATION of Carole K. Sylvester on Behalf of Gilardi & Co. LLC in support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds 200 , NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 207 DECLARATION of Robert R. Henssler Jr. Filed on Behalf of Robbins Geller Rudman & Dowd LLP in support of NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2016)

04/15/2016 208 DECLARATION of Michael S. Etkin Filed on Behalf of Lowenstein Sandler LLP in support of NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 04/15/2016)

05/04/2016 209 Letter from Roy Tom Coyle Jr. (lwag) (Entered: 05/06/2016)

05/31/2016 210 MINUTE (IN CHAMBERS) Order Addressing Letter From Shareholder Roy Tome Coyle Jr 209 by Judge Cormac J. Carney: A hearing for final settlement approval in this litigation is currently calendared for 1:30 p.m. on July 11, 2016. This Court has received correspondence from shareholder Roy Tom Coyle Jr. expressing his position that the proposed settlement amount should increase by a factor of five, indicating that he wishes to attend the settlement hearing, and requesting information about the proper procedure for doing so. (Dkt. 209.) The Court hereby advises him and any other interested parties that the hearing willtake place at 1:30 p.m. on July 11, 2016 and is open to him and to the public. Should he wish to address the Court at that time, he will have an opportunity to do so. (lwag) (Entered: 05/31/2016)

05/31/2016 211 NOTICE FROM THE CLERK: A copy of the Courts Order Addressing Letter from Shareholder 210 was served via First Class U.S. Mail on Roy Tom Coyle, Jr., 27302 Via Olmo, Mission Viejo, CA, 92691. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY (Entered: 05/31/2016)

07/01/2016 212 REPLY in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds 200 , NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 filed by Plaintiff Pawel I Kmiec. (Attachments: # 1 Proposed Final Judgment and Order of Dismissal with Prejudice, # 2 Proposed Order Approving Plan of Allocation of Settlement Proceeds, # 3 Proposed Order Awarding Attorneys Fees and Expenses and Reimbursement of Lead Plaintiff's Time Pursuant to 15 U.S.C. 78u-4(a)(4))(Henssler, Robert) (Entered: 07/01/2016)

07/01/2016 213 DECLARATION of Carole K. Sylvester, on Behalf of Gilardi & Co. LLC, in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds 200 , NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses and Reimbursement of Lead Plaintiffs Time Pursuant to 15 U.S.C. 78u-4(a)(4) 202 [SUPPLEMENTAL DECLARATION] filed by Plaintiff Pawel I Kmiec. (Henssler, Robert) (Entered: 07/01/2016)

07/11/2016 214 MINUTES OF Hearing on Motion for Settlement Approval of Class Action and Plan of Allocation of Settlement Proceeds 200 and Plaintiff's Motion for Attorney Fees 202 held before Judge Cormac J. Carney: Motion hearings held. The Court and counsel discuss

the Court's tentative ruling on the motions. The Court hears argument from Tom Coyle, who objects to the proposed class action settlement. The Court takes the matter under submission. Order to issue. Court Reporter: Debbie Hino-Spaan; Attorneys for Plaintiff: Ellen Gusikoff Stewart; Robert Henssler; Attorneys for Defendant: Seth Aronson; Seth Baglin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku) (Entered: 07/11/2016)

07/11/2016 215 ORDER by Judge Cormac J. Carney: Granting Final Approval of Class Action Settlement 200 and Granting in Part Plaintiffs' MOTION for Attorneys' Fees 202 . (Made JS-6. Case Terminated.) (mt) (Entered: 07/11/2016)

07/12/2016 216 TRANSCRIPT ORDER as to Plaintiff Pawel I Kmiec for Court Reporter. Court will contact Natalee Horstman at nhorstman@rgrdlaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Gusikoff Stewart, Ellen) (Entered: 07/12/2016)

07/18/2016 217 FINAL JUDGMENT and Order of Dismissal With Prejudice by Judge Cormac J. Carney. (see document for details). (dro) (Entered: 07/19/2016)

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