SDNY CM/ECF Version 3.2.2

SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... U.S. District Court United States District Court for the Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-md-01963-RWS In Re: The Bear Steams Companies Inc. Securities, Derivative and Employee Retirement Income Security Act (ERISA) Litigation Assigned to: Judge Robert W. Sweet Member case: (View Member Case) Related Cases: 1:07-c v-10453-RWS 1:08-c v-02793-RWS 1 :08-c v-02804-RWS 1 :08-c v-02866-RWS 1 :08-c v-02870-RWS 1:08-c v-03006-RWS 1:08-c v-03441-RWS 1:08-c v-03013-RWS 1 :09-c v-08161-RW S 1:08-c v-03035-RWS 1:08-c v-03334-RWS 1:08-cv-03326-RWS 1:08-cv-07335-RWS 1:08-c v-08194-RWS 1:09-c v-01200-RWS Case in other court: MDL PANEL, MDL 1963 Cause: 29:1145 E.R.I.S.A. Date Filed: 08/19/2008 Jury Demand: None Nature of Suit: 791 Labor: E.R.I.S.A. Jurisdiction: Federal Question Date Filed # Docket Text 08/19/2008 1 CERTIFIED TRUE COPY OF MDL TRANSFER IN ORDER FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Eastern District of New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Robert W. Sweet, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/18/2008) (kkc) (Entered: 08/29/2008) 08/19/2008 Magistrate Judge James C. Francis is so designated. (kkc) (Entered: 08/29/2008) 08/19/2008 CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:07-cv-10453 (RWS), I:08-cv-2793 (RWS), 1:08-cv-2804 (RWS), 1:08-cv-2866 (RWS), I:08-cv-2870 (RWS), 1:08-cv-3006 (RWS), I:08-cv-3013 (RWS), 1 of 25 12/18/09 12:16 PM EFTA00729727 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.p17652068417602967-... 1:08-cv-3035 (RWS), I:08-cv-3089 (RWS), 1:08-cv-3326 (RWS), 1:08-cv-3334 (RWS), I:08-cv-3351 (RWS), 1:08-cv-3441 (RWS), I:08-cv-3602 (RWS). (kkc) (Entered: 08/29/2008) 09/23/2008 al CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as "CTO-I", filed on 8/25/08, is LIFTED and the action is transferred to the United States District Court - Southern District of New York for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable Robert W. Sweet. (Signed by MDL Panel on 9/23/08) (rjm) (Entered: 02/04/2009) 10/28/2008 2 ORDER TO SHOW CAUSE: The parties shall show cause, by written submission to this Court no later than 11/14/08, with any replies to be filed by 11/19/08, why the Securities Cases should not be consolidated with the ERISA Cases. Any parties wishing to be heard will be heard at 10 a.m. on Monday, 11/24/08, in Courtroom 18C. (Signed by Judge Robert W. Sweet on 10/27/08) (tro) (Entered: 10/28/2008) 11/12/2008 3 BRIEF re: 2 Order to Show Cause, Set Deadlines/Hearings,,. Document filed by Drew V. Lounsbury.(Mills, Edwin) (Entered: 11/12/2008) 11/14/2008 4 BRIEF re: 2 Order to Show Cause, Set Deadlines/Hearings,,. Document filed by Estelle Weber, Anthony Pisano, Ira Gewitrz, Lawrence Fink.(Kelly, James) (Entered: 11/14/2008) 11/14/2008 1 DECLARATION of Lester L. Levy in Support re: 4 Brief. Document filed by Estelle Weber, Anthony Pisano, Ira Gewitrz, Lawrence Fink. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kelly, James) (Entered: 11/14/2008) 11/14/2008 6 RESPONSE TO ORDER TO SHOW CAUSE re: 2 Order to Show Cause, Set Deadlines/Hearings,,. Document filed by Gilles Bransbourg. (Attachments: # I Certificate of Service)(Nespole, Gregory) (Entered: 11/14/2008) 11/14/2008 7 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 9) - DECLARATION of Gregory M. Nespole re: 6 Response to Order to Show Cause. Document filed by Gilles Bransbourg. (Nespole, Gregory) Modified on 11/18/2008 (gp). (Entered: 11/14/2008) 11/14/2008 a MEMORANDUM OF LAW re: 2 Order to Show Cause, Set Deadlines/Hearings,,. Document filed by Samuel T. Cohen, Jerome Bim. (Brower, David) (Entered: 11/14/2008) 11/14/2008 9 DECLARATION of Gregory M. Nespole re: 6 Response to Order to Show Cause (CORRECTED VERSION). Document filed by Gilles Bransbourg. (Nespole, Gregory) (Entered: 11/14/2008) 11/14/2008 10 MEMORANDUM OF LAW IN RESPONSE TO ORDER TO SHOW CAUSE. Document filed by Shelden Greenberg, Aaron Howard. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Errata 6, # 7 Exhibit 7, # a Exhibit 8, # 2 Exhibit 9, # IQ Exhibit 10, # li, Exhibit 11)Filed In Associated Cases: 1:08-md-01963-RWS, I:08-cv-0335 I -RWS, 1:08-cv- 2 of 25 12/18/09 12:16 PM EFTA00729728 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 03602-RWS, 1:08-cv-08194-RWS(Preminger, David) (Entered: 11/14/2008) 11/14/2008 11 CERTIFICATE OF SERVICE. Document filed by Shelden Greenberg, Aaron Howard. (Preminger, David) (Entered: 11/14/2008) 11/14/2008 12 RESPONSE TO ORDER TO SHOW CAUSE re: (2 in 1:08-md-01963-RWS, 2 in 1:08-md-01963-RWS) Order to Show Cause, Set Deadlines/Hearings„ (27 in 1:08-cv-03602-RWS, 27 in 1:08-cv-03602-RWS) Order to Show Cause, Set Deadlines/Hearings„ (52 in 1:08-cv-03351-RWS, 52 in I:08-cv-03351-RWS) Order to Show Cause, Set Deadlines/Hearings„ (4 in I:08-cv-08194-RWS, 4 in 1:08-cv-08194-RWS) Order to Show Cause, Set Deadlines/Hearings,,. Document filed by Bear Stearns Companies, Inc.. Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-03351-RWS, 1:08-cv-03602-RWS, I:08-cv-08194- RWS(Goldstein, Eric) (Entered: 11/14/2008) 11/19/2008 13 REPLY MEMORANDUM OF LAW in Support re: (5 in 1:08-cv-08194-RWS) Response to Order to Show Cause Reply Memorandum of Law in Support of the State of Michigan Retirement Systems' Response to October 27, 2008 Order to Show Cause. Document filed by The State of Michigan Retirement Systems. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-03351-RWS, 1:08-cv- 03602-RWS, 1:08-cv-08194-RWS(Block, Jeffrey) (Entered: 11/19/2008) 11/19/2008 14 CERTIFICATE OF SERVICE. Document filed by State of Michigan Retirement Systems. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-03351-RWS, 1:08-cv-03602-RWS, 1:08-cv-08194-RWS(Block, Jeffrey) (Entered: 11/19/2008) 11/19/2008 15 REPLY MEMORANDUM OF LAW re: 12 Response to Order to Show Cause,,. Document filed by Estelle Weber. (Kelly, James) (Entered: 11/19/2008) 11/19/2008 16 DECLARATION of James Kelly-Kowlowitz in Support re: 15 Reply Memorandum of Law. Document filed by Estelle Weber. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # a Exhibit C)(Kelly, James) (Entered: 11/19/2008) 11/19/2008 17 REPLY MEMORANDUM OF LAW in Support of Response to October 27, 2008 Order to Show Cause. Document filed by Gilles Bransbourg. (Nespole, Gregory) (Entered: 11/19/2008) 11/19/2008 18 CERTIFICATE OF SERVICE. Document filed by Gilles Bransbourg. (Nespole, Gregory) (Entered: 11/19/2008) 11/19/2008 12 REPLY MEMORANDUM OF LAW re: 6 Response to Order to Show Cause, 4 Brief, 12 Response to Order to Show Cause„ 8 Memorandum of Law, 10 Memorandum of Law, 3 Brief. Document filed by Greek Orthodox Archidocese Foundation. (Federman, William) (Entered: 11/19/2008) 11/19/2008 2Q REPLY MEMORANDUM OF LAW Defendants' Reply to Plaintiffs' Response to Order to Show Cause in Further Support of Consolidation. Document filed by Bear Stearns Companies, Inc.. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-03351-RWS, 1:08-cv-03602-RWS, I:08-cv-08194-RWS(Goldstein, Eric) (Entered: 11/19/2008) 3 of 25 12/18/09 12:16 PM EFTA00729729 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 11/19/2008 21 REPLY MEMORANDUM OF LAW in Support to Defendants' Response to Order to Show Cause. Document filed by Shelden Greenberg, Aaron Howard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-03351-RWS, I:08-cv- 03602-RWS, 1:08-cv-08194-RWS(Preminger, David) (Entered: 11/19/2008) 11/24/2008 22 ENDORSED LETTER addressed to Judge Robert W. Sweet from Eric S. Goldstein dated 11/20/08 re: Request to seek leave from the Court to file Defendants' Response to the Court's October 27, 2008 Order to Show Cause ("Response"), dated November 14, 2008, on the following additional member cases in the above matter: 07-cv-10453, 08-cv-0855, 08-cv-2793, 08-cv-2804, 08-cv-2866, 08-cv-2870, 08-cv-3006, 08-cv-3013, 08-cv-3035, 08-cv-3089, 08-cv-3326, 08-cv-3334, 08-cv-3441, 08-cv-4972, O8-cv-5054, 08-cv-5170, 08-cv-5489, 08-cv-6995, and 08-cv-7335. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 11/21/08) (rjm) (Entered: 11/24/2008) 12/30/2008 21 NOTICE of Notice of Change of Firm Name and Office Address. Document filed by State of Michigan Retirement Systems. Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-0335 I-RWS, 1:08-cv-03602-RWS, 1:08-cv-08194- RWS(Block, Jeffrey) (Entered: 12/30/2008) 01/05/2009 24 OPINION #96921. The motions to consolidate the Securities Actions and the ERISA Actions are granted. The motions of SMRS and the Howard Plaintiffs to serve as lead plaintiffs are granted, and their selection of counsel is approved. The Derivative Plaintiffs motion to appoint co-lead counsel is granted. All other motions related to the consolidation of the above-captioned actions or the appointment of lead plaintiff and/or lead counsel are denied. Relates to 08md1963, 07-10453, 08-0855, 08-2793, 08-2804, 08-2866, 08-2870, 08-3006, 08-3013, 08-3035, 08-3089, 08-3326, 08-3334, 08-3351, 08-3441, 08-3602, 08-4972, 08-5054, 08-5170, 08-5489, 08-6995, 08-7335, 08-8194. (Signed by Judge Robert W. Sweet on 12/29/08) (rjm) (Entered: 01/07/2009) 01/06/2009 31 ORDER REGARDING: (1) CONSOLIDATION OF SECURITIES ACTIONS, APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL; (2) APPOINTMENT OF LEAD COUNSEL IN DERIVATIVE ACTION; (3) CONSOLIDATION OF ERISA ACTIONS, APPOINTMENT OF INTERIM LEAD PLAINTIFFS, INTERIM LEAD COUNSEL, AND INTERIM LIAISON COUNSEL; AND (4) SCHEDULING OF THE FILING OF CONSOLIDATED AMENDED COMPLAINTS IN EACH OF THE ACTIONS AND RESPONSES THERETO. ORDERED; SECURITIES ACTIONS; The Securities Actions are consolidated for all purposes pursuant to Fed. R. Civ. P.42(a) and Section 21D(a) (3) (B) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78u-4 (a) (3) (B) (ii). They shall be referred to collectively as In re The Bear Stearns Cos., Inc. Securities Litigation, No. 08 Civ. 2793 (RWS) (the Securities Action") ; Pursuant to Section 21D(a) (3) (B) of the Exchange Act, 15 U.S.C. § 78u-4 (a) (3) (B), the State of Michigan Retirement Systems(SMRS) is appointed Lead Plaintiff in the Securities Action for the proposed class of persons and entities who purchased or otherwise acquired Bear 4 of 25 12/18/09 12:16 PM EFTA00729730 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... Steams securities; SMRS' choice of co-lead counsel is approved. Accordingly, the law firms of Labaton Sucharow LLP and Berman DeValerio Pease Tabacco Burt & Pucillo are appointed Co-Lead Counsel for the Securities Action; DERIVATIVE ACTION; The Court appoints Brower Piven, A Professional Corporation, and Robbins Umeda & Fink, LLP, as Co-Lead Counsel for the Derivative Action; ERISA ACTIONS; The ERISA Actions are consolidated for all purposes pursuant to Rule 42(a), Fed. R. Civ. P. They shall be referred to collectively as In re The Bear Steams Cos., Inc. ERISA Litigation, No. 08 Civ. 2804 (RWS) (the "ERISA Action"); Plaintiffs Aaron Howard and Shelden Greenberg are appointed Interim Co-Lead Plaintiffs. Pursuant to Fed. R. Civ. P. 23 (g) (2) (A), the law firms of Keller Rohrback L.L.2. and Schiffrin Barroway Topaz & Kesser, LLP, are approved as Interim Co-Lead Counsel to act on behalf of the putative class ("Interim Co-Lead Counsel), and Dealy & Silberstein, LLP, is appointed Interim Liaison Counsel of the ERISA Action; Further regarding the responsibilities and duties of counsel as set forth in this order; The docket in No. 08 MDL 1963 (RWS) shall constitute the Master Docket for the Securities Action, Derivative Action and ERISA Action; Every pleading filed in the Securities Action, Derivative Action and ERISA Action shall bear the following caption: IN RE BEAR STEARNS COMPANIES, INC. SECURITIES, DERIVATIVE, AND ERISA LITIGATION; A copy of this Order shall be placed in all dockets identified in pages 1-3 herein. The Clerk of this Court is directed to close each of those dockets, other than the dockets in the Securities Action, 08 Civ. 2793 (RWS), Derivative Action, 07 Civ. 10453 (RWS) and ERISA Action, 08 Civ. 2804 (RWS); SCHEDULING FOR THE FILING OF SEPARATE CONSOLIDATED AMENDED COMPLAINTS AND RESPONSES TO THE SECURITIES, ERISA, AND DERIVATIVE ACTIONS and as further set forth in this order. ( Amended Pleadings due by 2/15/2009.) (Signed by Judge Robert W. Sweet on 1/5/09) (rjm) Modified on 1/23/2009 (ae). (Entered: 01/23/2009) 01/13/2009 NOTICE of Change of Firm Name. Document filed by Aaron Howard. (Ciolko, Edward) (Entered: 01/13/2009) 01/13/2009 NOTICE of Change of Firm Name. Document filed by Aaron Howard. (Meltzer, Joseph) (Entered: 01/13/2009) 01/20/2009 27 MOTION for Reconsideration re; 24 Memorandum & Opinion„ filed January 5, 2009., MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class., MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP., MOTION to Stay. Document filed by Gilles Bransbourg. (Attachments: # 1 Certificate of Service)(Nespole, Gregory) (Entered: 01/20/2009) 01/20/2009 28 MEMORANDUM OF LAW in Support re: 27 MOTION for Reconsideration re; 24 Memorandum & Opinion„fi/ed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class. MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP. MOTION to Stay. MOTION for Reconsideration re; 24 Memorandum & Opinion„ filed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class.. Document filed by Gilles Sof 25 12/18/09 12:16 PM EFTA00729731 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... Bransbourg. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)(Nespole, Gregory) (Entered: 01/20/2009) 01/22/2009 29 NOTICE OF APPEARANCE by Michael Joseph Chepiga on behalf of Samuel L. Molinaro, Jr Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv- 03351-RWS, 1:08-cv-03602-RWS, 1:08-cv-08194-RWS(Chepiga, Michael) (Entered: 01/22/2009) 01/22/2009 30 NOTICE OF APPEARANCE by Janelle Louis Filson on behalf of Samuel L. Molinaro, Jr Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv- 03351-RWS, 1:08-cv-03602-RWS, 1:08-cv-08194-RWS(Filson, Janelle) (Entered: 01/22/2009) 01/23/2009 32 ORDER. Plaintiff Gilles Branbourg's motion for reconsideration will be heard on submission, without oral argument, on February 18, 2009. All motion papers shall be served in accordance with Local Civil Rule 6.1. Relates to 08md1963, 08-2793, 08-2866, 08-3013, 08-4972, 08-5054, 08-6995, 08-7335, 08-8194. (Signed by Judge Robert W. Sweet on 1/22/09) (rjm) (Entered: 01/26/2009) 01/26/2009 n NOTICE OF APPEARANCE by Jacob Daniel Press on behalf of Samuel L. Molinaro, Jr, Samuel L. Molinaro, JR Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-03351-RWS, 1:08-cv-03602-RWS, 1:08-cv-08194- RWS(Press, Jacob) (Entered: 01/26/2009) 02/03/2009 34 RESPONSE in Opposition re: 27 MOTION for Reconsideration re; 24 Memorandum & Opinion„fi/ed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class. MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP. MOTION to Stay. MOTION for Reconsideration re; 24 Memorandum & Opinion„ filed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class.. Document filed by Bear Stearns Companies, Inc.. (Goldstein, Eric) (Entered: 02/03/2009) 02/06/2009 36 MEMORANDUM OF LAW in Opposition re: 27 MOTION for Reconsideration re; 24 Memorandum & Opinion„ filed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s) for Bransbourg Class or Sub-class. MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP. MOTION to Stay. MOTION for Reconsideration re; 24 Memorandum & Opinion„ filed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class.. Document filed by State of Michigan Retirement Systems. (Dubbs, Thomas) (Entered: 02/06/2009) 02/10/2009 r RESPONSE Defendants' Opposition to Zicherman's Motion For Reconsideration of the Court's January 5, 2009 Opinion and Order Consolidating the Securities Actions. Document filed by Bear Steams Companies, Inc.. (Goldstein, Eric) (Entered: 02/10/2009) 02/10/2009 44 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Central District of California, and the same hereby are, transferred to the Southern District of New 6 of 25 12/18/09 12:16 PM EFTA00729732 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... York, with the consent of that court, assigned to the Honorable Judge Robert W.Sweet, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/4/2009) (jmi) (Entered: 02/20/2009) 02/11/2009 38 NOTICE OF APPEARANCE by Javier Bleichmar on behalf of State of Michigan Retirement Systems (Bleichmar, Javier) (Entered: 02/11/2009) 02/11/2009 22 NOTICE OF APPEARANCE by Michael Walter Stocker on behalf of State of Michigan Retirement Systems (Stocker, Michael) (Entered: 02/11/2009) 02/12/2009 40 ENDORSED LETTER addressed to Judge Robert W. Sweet from Daniel W. Krasner dated 2/9/2009 re: We are counsel to Gilles Bransbourg ("Bransbourg"), one of the plaintiffs in the above referenced action. We write concerning the State of Michigan Retirement Systems' ("SMRS") filing of opposition papers to Bransbourg's motion for reconsideration of the Court's January 5, 2009 Order and Opinion (the "Motion"). Bransbourg filed the Motion in this case via ECF on January 20,2009 and, pursuant to this Court's January 23,2009 Order (Dkt. 32) (the "Order"), counsel for defendants timely filed responsive papers via ECF on February 3,2009. Bransbourg was prepared to file his reply in further support of the Motion on February 10,2009. On February 6,2009, however, counsel for SMRS filed opposition papers to the Motion. The untimely tiling by SMRS is apparently predicated the "three extra day rule" under Fed. R. Civ. P. 6(d). We have conferred with counsel for defendants who do not object to our filing of one set of our reply papers on February 13,2009, five business days after SMRS' filing on February 6, 2009. Accordingly, we respectfully request that the Court approve the foregoing agreement between counsel for defendants and Bransboug that be deemed timely if filed by February 13, 2009. ENDORSEMENT: SO ORDERED. ( Replies due by 2/13/2009.) (Signed by Judge Robert W. Sweet on 2/10/2009) (jmi) (Entered: 02/13/2009) 02/13/2009 41 REPLY MEMORANDUM OF LAW in Support re: 27 MOTION for Reconsideration re; 24 Memorandum & Opinion„ filed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class. MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP. MOTION to Stay. MOTION for Reconsideration re; 24 Memorandum & Opinion„fi/ed January 5, 2009. MOTION to Appoint Gilles Bransbourg to serve as lead plaintiff(s)for Bransbourg Class or Sub-class.. Document filed by Gilles Bransbourg. (Attachments: # 1 Certificate of Service)(Brown, Malcolm) (Entered: 02/13/2009) 02/13/2009 42 RESPONSE State of Michigan. Retirement Systems' Opposition to Joseph Zicherman's Motion for Reconsideration of the Courts January 5th, 2009 Opinion and Order Consolidating the Securities Action. Document filed by State of Michigan Retirement Systems. (Dubbs, Thomas) (Entered: 02/13/2009) 02/18/2009 41 STIPULATION AND SCHEDULING ORDER: (1) Within fourteen (14) days of the entry of this [Proposed] Order, Defendant The Bear Steams Companies, Inc. ("Bear Stearns") shall undertake best efforts to locate and produce to Co-Lead Counsel, to the extent not already produced, all versions of the The Bear Stearns 7 of 25 12/18/09 12:16 PM EFTA00729733 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... Companies Inc. Employee Stock Ownership Plan's (the "Plan") master documents as construed by ERISA § I04(b) operative during the Class Period as defined in the initial complaints on file in the Howard and Greenberg actions. In addition, Bear Stearns will provide Co-Lead Counsel with the names of the members of The Bear Steams Companies, Inc. Executive Committee and the Employee Stock Ownership Plan Committee (referred to on page 14 of the 2007 SummaryPlan Description and Exhibit B to the Bear Steams Companies Inc. Employee Stock Ownership Trust) during the Class Period, to the best of its current knowledge, information or belief. Defendant Bear Steams does not concede that any of the individuals whose names are provided are in fact fiduciaries of the Employee Stock Ownership Plan or were fiduciaries with respect to the claims alleged in the ERISA Action. (2) Plaintiffs shall file the Amended Consolidated Complaint within forty-five (45) days of the receipt of the above-mentioned documents. The Amended Consolidated Complaint shall be the operative complaint and shall supersede all complaints filed in any of the actions consolidated herein. Pending filing and service of the Amended Consolidated Complaint, defendants shall have no obligation to move, answer, or otherwise respond to any complaint in this action. (3) Defendants shall file and serve their Answer or responsive motion within sixty (60) days, or the next business day thereafter, following their receipt of service of the Amended Consolidated Complaint; (4) Plaintiffs shall file and serve any opposition to a responsive motion within forty-five(45) days, or the next business day thereafter, following their receipt of service of such motion; and (5) Defendants shall file and serve any reply brief to an opposition to a responsive motion within thirty (30) days, or the next business day thereafter, following service of the opposition. (Signed by Judge Robert W. Sweet on 2/17/09) Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-03351-RWS, 1:08-cv-03602-RWS, 1:08-cv- 08194-RWS, 1:09-cv-01200-RWS(db) (Entered: 02/18/2009) 02/20/2009 45 NOTICE OF APPEARANCE by James W. Johnson on behalf of State of Michigan Retirement Systems (Johnson, James) (Entered: 02/20/2009) 02/27/2009 VERIFIED THIRD AMENDED SHAREHOLDER DERIVATIVE AND CLASS ACTION COMPLAINT. Demand for Jury Trial. amending 12 (in Case No. 07-10453) Amended Complaint, against Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Jeffrey M. Farber, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, JP Morgan Chase & Co., Jeffrey Mayer, Michael Minikes, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Vincent Tese, Wesley S. Williams, Jr.Document filed by Samuel T. Cohen, Jerome Birn. Entered as Doc. No. 64 in Case No. 07-10453. Original Document in File Folder for Case No. 07-10453.(rjm) (Entered: 03/11/2009) 02/27/2009 61 CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Deloitte & Touche LLP, Michael Alix. Relates to 08-2793. Document filed by State of Michigan Retirement Systems.(rjm) (Entered: 04/09/2009) 8 of 25 12/18/09 12:16 PM EFTA00729734 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 03/13/2009 46 NOTICE OF APPEARANCE by James A. Maro, Jr on behalf of Aaron Howard (Maro, James) (Entered: 03/13/2009) 03/13/2009 47 NOTICE OF APPEARANCE by Mark K. Gyandoh on behalf of Aaron Howard (Gyandoh, Mark) (Entered: 03/13/2009) 03/13/2009 48 NOTICE OF APPEARANCE by Edward W. Ciolko on behalf of Aaron Howard (Ciolko, Edward) (Entered: 03/13/2009) 03/13/2009 42 NOTICE OF APPEARANCE by Joseph H. Meltzer on behalf of Aaron Howard (Meltzer, Joseph) (Entered: 03/13/2009) 03/13/2009 50 NOTICE OF APPEARANCE by Michael Richard Young on behalf of Jeffrey M. Farber (Attachments: # I Certificate of Service)(Young, Michael) (Entered: 03/13/2009) 03/13/2009 2 NOTICE OF APPEARANCE by Antonio Yanez, Jr on behalf of Jeffrey M. Farber (Attachments: # 1 Certificate of Service)(Yanez, Antonio) (Entered: 03/13/2009) 03/17/2009 2 STIPULATION AND ORDER... that The Court's order dated January 5, 2009, as amended by its order dated February 9, 2009, including but not limited to the schedule therein for responses to the consolidated amended complaint in the Securities Action, shall apply to Deloitte & Touche LLP. This stipulation may be executed in counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same stipulation, and facsimile signatures shall be as binding as original signatures. Relates to 08md1963, 08-2793. (Signed by Judge Robert W. Sweet on 3/14/09) (rjm) (Entered: 03/17/2009) 03/17/2009 53 MOTION for Mohammed K. Ghods to Appear Pro Hac Vice. Document filed by H. Roger Wang. Filed In Associated Cases: I:08-md-01963-RWS, 1:09-cv-01200- RWS(rjm) (Entered: 03/18/2009) 03/17/2009 54 MOTION for William A. Stahr to Appear Pro Hac Vice. Document filed by H. Roger Wang. Filed In Associated Cases: 1:08-md-01963-RWS, 1:09-cv-01200- RWS(rjm) (Entered: 03/18/2009) 03/24/2009 2 NOTICE OF APPEARANCE by Peter H. LeVan, Jr., Jr on behalf of Aaron Howard (LeVan, Jr., Peter) (Entered: 03/24/2009) 03/31/2009 5¢ ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting (54) Motion for William A. Stahr to Appear Pro Hac Vice in case 1:08-md- 01963-RWS; granting (4) Motion for William A. Stahr to Appear Pro Hac Vice in case 1:09-cv-01200-RWS. (Signed by Judge Robert W. Sweet on 3/31/09) Filed In Associated Cases: 1:08-md-01963-RWS, 1:09-cv-01200-RWS(rjm) (Entered: 03/31/2009) 03/31/2009 Transmission to Attorney Admissions Clerk. Transmitted re: (56 in 1:08-md- 01963-RWS, 6 in 1:09-cv-01200-RWS) Order on Motion to Appear Pro Hac Vice„ to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:08-md-01963-RWS, 1:09-cv-01200-RWS(rjm) (Entered: 03/31/2009) 9 of 25 12/18/09 12:16 PM EFTA00729735 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 04/01/2009 a MOTION for F. Michael Kail to Appear Pro Hac Vice. Document filed by Bear Stearns Companies, Inc., Custodial Trust Company. Relates to 08md1963, 08-2804.(rjm) (Entered: 04/03/2009) 04/01/2009 52 MOTION for Paul J. Ondrasik, Jr. to Appear Pro Hac Vice. Document filed by Bear Steams Companies, Inc., Custodial Trust Company. Relates to 08md1963, 08-2804.(rjm) (Entered: 04/03/2009) 04/02/2009 57 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that F. Michael Kail, Esq. Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 202-429-3000 (phone) 202-429-3902 (fax) [email protected] is admitted to practice pro hac vice as counsel for Defendants The Bear Stearns Companies Inc. and Custodial Trust Company in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall also forward the pro hac vice fee to the Clerk of Court. Attorney F. Michael Kail for Bear Stearns Companies, Inc. and Custodial Trust Company admitted Pro Hac Vice. Relates to 08md1963, 08-2804. (Signed by Judge Robert W. Sweet on 4/2/09) (rjm). (Entered: 04/02/2009) 04/02/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 2 Order Admitting Attorney Pro Hac Vice,,,, to the Attorney Admissions Clerk for updating of Attorney Information. (rjm) (Entered: 04/02/2009) 04/06/2009 60 ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION. Attorney Gretchen S. Obrist for Shelden Greenberg admitted Pro Hac Vice. Relates to listed cases. (Signed by Judge Robert W. Sweet on 4/3/09) (rjm). (Entered: 04/07/2009) 04/06/2009 Transmission to Attorney Admissions Clerk. Transmitted re: & Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (rjm) (Entered: 04/07/2009) 04/14/2009 62 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Deloitte & Touche LLP served on 3/2/2009, answer due 3/23/2009. Service was accepted by Malik Long. Document filed by State of Michigan Retirement Systems. (Dubbs, Thomas) (Entered: 04/14/2009) 04/17/2009 63 NOTICE OF APPEARANCE by Gretchen S. Obrist on behalf of Shelden Greenberg (Obrist, Gretchen) (Entered: 04/17/2009) 04/20/2009 80 AMENDED CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT against Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, Jeffrey Mayer, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Vincent Tese, Wesley S. Williams, Jr, Board of Directors, The Executive Committee of the Company, The Employee Stock Ownership Plan Committee, Kathleen Cavallo, Stephen Lacoff, Robert 10 of 25 12/18/09 12:16 PM EFTA00729736 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.govicgi-bininktRpt.p17652068417602967-... Steinberg, John Does. Document filed by Shelden Greenberg, Aaron Howard. Entered as Doc. No. 84 in Case No. 08cv2804.(rjm) (dle). (Entered: 04/29/2009) 04/23/2009 64 NOTICE OF APPEARANCE by Jeffrey Craig Block on behalf of State of Michigan Retirement Systems (Block, Jeffrey) (Entered: 04/23/2009) 04/23/2009 65 NOTICE OF APPEARANCE by Justin N. Saif on behalf of State of Michigan Retirement Systems (Saif, Justin) (Entered: 04/23/2009) 04/23/2009 CASHIERS OFFICE REMARK on 58 Motion to Appear Pro Hac Vice, 59 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 04/01/2009, Receipt Number 683117. (jd) (Entered: 04/23/2009) 04/24/2009 66 MOTION to Dismiss the Consolidated Class Action Complaint. Document filed by Deloitte & Touche LLP. (Attachments: # 1 Exhibit Consolidated Class Action Complaint Part One, # 2 Exhibit Consolidated Class Action Complaint Part Two, it 3 Exhibit Consolidated Class Action Complaint Part Three)(Shulman, Max) (Entered: 04/24/2009) 04/24/2009 67 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deloitte & Touche LLP.(Shulman, Max) (Entered: 04/24/2009) 04/24/2009 68 MEMORANDUM OF LAW in Support re: 66 MOTION to Dismiss the Consolidated Class Action. Complaint. ("Memorandum In Support Of Motion By Deloitte & Touche LLP To Dismiss The Consolidated Class Action Complaint"). Document filed by Deloitte & Touche LLP. (Shulman, Max) (Entered: 04/24/2009) 04/24/2009 69 AFFIDAVIT of Max R. Shulman in Support re: 66 MOTION to Dismiss the Consolidated Class Action. Complaint.. Document filed by Deloitte & Touche LLP. (Attachments: # I Exhibit 1 (Part One) to Shulman Affidavit, # 2 Exhibit One (Part Two) to Shulman Affidavit, # 3 Exhibit 2 to Shulman Affidavit, # 4 Exhibit 3 to Shulman Affidavit, # 5 Exhibit 4 to Shulman Affidavit, # 6 Exhibit 5 to Shulman Affidavit, # 7 Exhibit 6 to Shulman Affidavit, # 8 Exhibit 7 to Shulman Affidavit, # 9 Exhibit 8 to Shulman Affidavit, It 10 Exhibit 9 to Shulman Affidavit, It 11 Exhibit 10 to Shulman Affidavit, 4 12 Exhibit 11 to Shulman Affidavit, # 13 Exhibit 12 to Shulman Affidavit, It 14 Exhibit 13 to Shulman Affidavit, 4 15 Exhibit 14 to Shulman Affidavit, It 16 Exhibit 15 to Shulman Affidavit, It 17 Exhibit 16 to Shulman Affidavit, It 18 Exhibit 17 to Shulman Affidavit, It 19 Exhibit 18 to Shulman Affidavit, It 20 Exhibit 19 to Shulman Affidavit, It 21 Exhibit 20 to Shulman Affidavit, It 22 Exhibit 21 to Shulman Affidavit, 4 23 Exhibit 22 to Shulman Affidavit, It 24 Exhibit 23 to Shulman Affidavit)(Shulman, Max) (Entered: 04/24/2009) 04/24/2009 70 MOTION to Dismiss the Consolidated Class Action Complaint. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Michael Alix.(Goldstein, Eric) (Entered: 04/24/2009) 04/24/2009 71 MEMORANDUM OF LAW in Support re: 70 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Michael Alix. (Goldstein, Eric) (Entered: 11 of 25 12/18/09 12:16 PM EFTA00729737 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 04/24/2009) 04/24/2009 72 DECLARATION of Eric S. Goldstein in Support re: 70 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Michael Alix. (Attachments: # I Exhibit 1, # 2 Exhibit 2, # a Exhibit 3, # 4 Exhibit 4, # a Exhibit 5, # L Exhibit 6, # 2. Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # za Exhibit 28, # 22 Exhibit 29, # 3Q Exhibit 30, # a Exhibit 31)(Goldstein, Eric) (Entered: 04/24/2009) 04/24/2009 73 DECLARATION of Eric S. Goldstein Attaching Exhibits 32 to 33 in Support re: 70 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Michael Alix. (Attachments: # 1 Exhibit 32 PT1, # 2 Exhibit 32 PT2, # 3 Exhibit 33)(Goldstein, Eric) (Entered: 04/24/2009) 04/24/2009 74 DECLARATION of Eric S. Goldstein Attaching Exhibits 34 to 71 in Support re: 70 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Michael Alix. (Attachments: # I Exhibit 34, # 2 Exhibit 35, # 3 Exhibit 36, # 4 Exhibit 37, # 5 Exhibit 38, # 6 Exhibit 39, # 7 Exhibit 40, # 8 Exhibit 41, # 9 Exhibit 42, # 10 Exhibit 43, It 11 Exhibit 44, # 12 Exhibit 45, # 13 Exhibit 46, # 14 Exhibit 47, # 15 Exhibit 48, # 16 Exhibit 49, # 17 Exhibit 50, # 18 Exhibit 51, # 12 Exhibit 52, # 20 Exhibit 53, # 21 Exhibit 54, # 22 Exhibit 55, # 23 Exhibit 56, # 24 Exhibit 57, # 25 Exhibit 58, # 26 Exhibit 59, # 27 Exhibit 60, # 28 Exhibit 61, # 29 Exhibit 62, # 30 Exhibit 63, # 31 Exhibit 64, # 32 Exhibit 65, # 33 Exhibit 66, # 34 Exhibit 67, # 35 Exhibit 68, # 36 Exhibit 69, # 37 Exhibit 70, # 38 Exhibit 71)(Goldstein, Eric) (Entered: 04/24/2009) 04/24/2009 2,5 DECLARATION of David B. Gross in Support re: 22 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Michael Alix. (Attachments: # I Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # a Exhibit H, # 9 Exhibit I, # El Exhibit J)(Goldstein, Eric) (Entered: 04/24/2009) 04/24/2009 76 MOTION to Dismiss the Verified Third Amended Shareholder Derivative and Class Complaint. Document filed by Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Jeffrey M. Farber, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, JP Morgan Chase & Co., Jeffrey Mayer, Michael Minikes, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Vincent Tese, Wesley S. Williams, Jr.(Goldstein, Eric) (Entered: 04/24/2009) 12 of 25 12/18/09 12:16 PM EFTA00729738 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 04/24/2009 77 MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Verified Third Amended Shareholder Derivative and Class Complaint.. Document filed by Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Jeffrey M. Farber, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, JP Morgan Chase & Co., Jeffrey Mayer, Michael Minikes, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Vincent Tese, Wesley S. Williams, Jr. (Goldstein, Eric) (Entered: 04/24/2009) 04/24/2009 78 DECLARATION of Eric S. Goldstein in Support re: 76 MOTION to Dismiss the Verified Third Amended Shareholder Derivative and Class Complaint.. Document filed by Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Jeffrey M. Farber. Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, JP Morgan Chase & Co., Jeffrey Mayer, Michael Minikes, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Vincent Tese, Wesley S. Williams, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # I Exhibit 7, #11 Exhibit 8, # 2 Exhibit 9 PT1, # I2 Exhibit 9 PT2, #11. Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Goldstein, Eric) (Entered: 04/24/2009) 04/24/2009 79 DECLARATION of David B. Gross in Support re: 76 MOTION to Dismiss the Verified Third Amended Shareholder Derivative and Class Complaint.. Document filed by Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Jeffrey M. Farber, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, JP Morgan Chase & Co., Jeffrey Mayer, Michael Minikes, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Vincent Tese, Wesley S. Williams, Jr. (Attachments: # I Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Goldstein, Eric) (Entered: 04/24/2009) 04/30/2009 81 ENDORSED LETI ER addressed to Judge Robert W. Sweet from Eric S. Goldstein dated 4/28/09 re: counsel for Bear Steams requests the Court's permission to file a hard copy of the exhibits to the Goldstein Declaration with the Clerk's Office and to re-file an electronic copy of the Goldstein Declaration indicating that the referenced exhibits are on file with the Clerk's Office and permission to proceed in this manner if they receive the same notification regarding the Master Docket. ENDORSEMENT: So Ordered. Entered as Doc. No. 118 in Case No. 08-2793. (Signed by Judge Robert W. Sweet on 4/29/09) (rjm) (Entered: 04/30/2009) 05/01/2009 82 EXHIBITS 1-32 (VOLUME I OF II) TO THE DECLARATION OF ERIC S. GOLDSTEIN IN SUPPORT OF DEFENDANTS MOTION TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT pursuant to endorsed letter Doc. No. 81 in 08md1963, Doc. No. 118 in 08-2793. Relates to 08md1963, 08-2793. (rjm) (Entered: 05/04/2009) 05/01/2009 83 EXHIBITS 33-71 (VOLUME II OF II) TO THE DECLARATION OF ERIC S. GOLDSTEIN IN SUPPORT OF DEFENDANTS MOTION TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT pursuant to endorsed letter Doc. No. 81 in 08md1963, Doc. No. 118 in 08-2793. Relates to 08md1963, 13 of 25 12/18/09 12:16 PM EFTA00729739 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.govicgi-bin/DktRpt.pl?652068417602967-... 08-2793. (rjm) (Entered: 05/04/2009) 05/04/2009 84 ORDER. Defendants' Motions to Dismiss, filed April 23, 2009 and April 24, 2009, will be heard on submission, without oral argument, on July 1, 2009. In the event oral argument is required, an order shall be issued setting down the date and time for such argument. All motion papers shall be served in accordance with Local Civil Rule 6.1. Relates to 08md1963, 08-2793. (Signed by Judge Robert W. Sweet on 5/1/09) (rjm) (Entered: 05/04/2009) 05/05/2009 85 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Paul J. Ondrasik, Jr., is admitted to practice pro hac vice as counsel for Defendants The Bear Steams Companies Inc. and Custodial Trust Company in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall also forward the pro hac vice fee to the Clerk of Court. This Order is granting (82) Motion for Paul J. Ondrasik, Jr. to Appear Pro Hac Vice in case 1:08-cv-02804-RWS; granting (59) Motion for Paul J. Ondrasik, Jr. to Appear Pro Hac Vice in case 1:08-md-01963-RWS. (Signed by Judge Robert W. Sweet on 5/4/09) Filed In Associated Cases: 1:08-md-01963-RWS, I:08-cv- 02804-RWS(rjm). (Entered: 05/06/2009) 05/05/2009 Transmission to Attorney Admissions Clerk. Transmitted re: (85 in 1:08-md- 01963-RWS, 85 in I:08-md-01963-RWS, 85 in I:08-cv-02804-RWS, 85 in 1:08-cv-02804-RWS) Order on Motion to Appear Pro Hac Vice to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:08-md-01963-RWS, I:08-cv-02804-RWS(rjm) (Entered: 05/06/2009) 05/12/2009 an MEMORANDUM OF LAW in Opposition to Plaintiffs Motion to Stay or Enjoin Arbitration (re: Document #7 on the 09cv1200 (RWS) DocketJ. Document filed by Bear Steams Companies, Inc.. (Attachments: # 1 Affidavit of Service)(Goldstein, Eric) (Entered: 05/12/2009) 05/12/2009 fa DECLARATION of Devin A. Donohue in Opposition to Plaintiffs Motion to Stay or Enjoin Arbitration (re: Document #7 on the 09cv1200 (RWS) DocketJ. Document filed by Bear Steams Companies, Inc.. (Attachments: # I Exhibit I, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Affidavit of Service)(Goldstein, Eric) (Entered: 05/12/2009) 05/19/2009 aa REPLY MEMORANDUM OF LAW in Support re: (7 in 1:09-cv-01200-RWS) MOTION to Stay Notice of Motion and Motion to Enjoin or Stay Arbitration; Memorandum of Points and Authorities in. Support Thereof. Document filed by H. Roger Wang. Filed In Associated Cases: 1:08-md-01963-RWS, 1:09-cv-01200- RWS(Stahr, William) (Entered: 05/19/2009) 05/19/2009 89 DECLARATION of SUPPLEMENTAL DECLARATION OF WILLIAM A. STAHR IN SUPPORT OF MOTION FOR AN ORDER TO ENJOIN OR STAY ARBITRATION PROCEEDING in Support re: (7 in I:09-cv-01200-RWS) MOTION to Stay Notice of Motion and Motion to Enjoin or Stay Arbitration; 14 of 25 12/18/09 12:16 PM EFTA00729740 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... Memorandum of Points and Authorities in. Support Thereof. Document filed by H. Roger Wang. Filed In Associated Cases: 1:08-md-01963-RWS, 1:09-cv-01200- RWS(Stahr, William) (Entered: 05/19/2009) 05/28/2009 D ENDORSED LETTER addressed to Judge Robert W. Sweet from Jeffery C. Block dated 5/27/2009 re: We represent Lead Plaintiff State of Michigan Retirement Systems in this action currently pending before Your Honor. We write pursuant to Your Honor's Individual Practice 2.C. to respectfully request that the Court grant an extension of its page limitations for Lead Plaintiffs memoranda of law in opposition to Defendants' motions to dismiss the complaint in this action, to be filed on Friday, May 29, 2009. Specifically, Lead Plaintiff requests that it be permitted to file (i) an opposition to the motion to dismiss filed by The Bear Steams Companies, Inc. and the Individual Defendants of seventy-five (75) pages; and (ii) a separate opposition to the motion to dismiss filed by Defendant Deloitte & Touche LLP of fifty (50) pages. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 5/27/2009) (jmi) (Entered: 05/29/2009) 05/29/2009 2.1 MOTION to Strike Extraneous Documents Submitted With. Defendants Bear Stearns And Deloitte & Touche LLPs Motions To Dismiss. Document filed by State of Michigan Retirement Systems.(Block, Jeffrey) (Entered: 05/29/2009) 05/29/2009 E MEMORANDUM OF LAW in Support re: 91 MOTION to Strike Extraneous Documents Submitted With Defendants Bear Stearns And Deloitte & Touche LLPs Motions To Dismiss.. Document filed by State of Michigan Retirement Systems. (Block, Jeffrey) (Entered: 05/29/2009) 05/29/2009 E MEMORANDUM OF LAW in Opposition re: 70 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by State of Michigan Retirement Systems. (Block, Jeffrey) (Entered: 05/29/2009) 05/29/2009 24 MEMORANDUM OF LAW in Opposition re: (2.6 MOTION to Dismiss the Consolidated Class Action. Complaint.. Document filed by State of Michigan Retirement Systems. (Block, Jeffrey) (Entered: 05/29/2009) 05/29/2009 95 MEMORANDUM OF LAW in Opposition re: 76 MOTION to Dismiss the Verified Third Amended Shareholder Derivative and Class Complaint.. Document filed by Samuel T. Cohen. (Brower, David) (Entered: 05/29/2009) 06/02/2009 96 NOTICE OF APPEARANCE by Douglas M. Pravda on behalf of Bear Steams Companies, Inc. (Pravda, Douglas) (Entered: 06/02/2009) 06/03/2009 E ORDER. Lead Plaintiff State of Michigan Retirement Systems' motion to strike will be heard on submission, without oral argument, on July 1, 2009. All motion papers shall be served in accordance with Local Civil Rule 6.1. Relates to 08md1963, 08-2793. (Signed by Judge Robert W. Sweet on 6/3/09) (rjm) (Entered: 06/03/2009) 06/03/2009 a ENDORSED LETTER addressed to Judge Robert W. Sweet from David A. P. Brower dated 5/28/09 re: We are plaintiffs co-lead counsel in the above-captioned shareholder derivative action. We write pursuant to Your Honor's Individual Practice 2.C. to respectfully request that the Court grant an extension of its page limitations for derivative plaintiffs' memorandum of law in opposition to 15 of 25 12/18/09 12:16 PM EFTA00729741 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.govicgi-bininktRpt.p17652068417602967-... defendants' motions to dismiss the Verified Third Amended Shareholder Derivative and Class Complaint ("Motions to Dismiss"), to be filed on May 29, 2009. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 6/3/09) (rjm) (Entered: 06/03/2009) 06/10/2009 99 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the Securities Action, as follows: 1. Defendants' time to respond to the Motion to Strike is extended to and including June 30, 2009, the date on which their replies in further support of their Motions to Dismiss the Consolidated Class Action Complaint are due; and 2. Lead Plaintiffs time to reply to Defendants' responses to the Motion to Strike is extended to and including July 14, 2009. Relates to 08md1963, 08-2793. Set Deadlines/Hearing as to 21 MOTION to Strike Extraneous Documents Submitted With Defendants Bear Stearns And Deloitte & Touche LLPs Motions To Dismiss. (Responses due by 6/30/2009, Replies due by 7/14/2009.) (Signed by Judge Robert W. Sweet on 6/8/09) (rjm) (Entered: 06/10/2009) 06/11/2009 JQQ MOTION of Lead Plaintiff's to Modify the Stay of Discovery. Document filed by State of Michigan Retirement Systems.Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-02793-RWS(Johnson, James) (Entered: 06/11/2009) 06/11/2009 101 MEMORANDUM OF LAW in Support re: (127 in 1:08-cv-02793-RWS) MOTION of Lead Plaintiffs to Modify the Stay of Discovery.. Document filed by State of Michigan Retirement Systems. Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-02793-RWS(Johnson, James) (Entered: 06/11/2009) 06/11/2009 102 DECLARATION of James W. Johnson in Support re: (127 in 1:08-cv- 02793-RWS) MOTION of Lead Plaintiff's to Modify the Stay of Discovery.. Document filed by State of Michigan Retirement Systems. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 2 Exhibit G, # a Exhibit H, # 9 Exhibit I, # JD Exhibit J, # L. Exhibit K - Part 1, # 12 Exhibit K - Part 2, # 13 Exhibit L, # 14 Exhibit M, # 15 Certificate of Service)Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02793- RWS(Johnson, James) (Entered: 06/11/2009) 06/12/2009 na NOTICE OF APPEARANCE by Derek W. Loeser on behalf of Shelden Greenberg (Loeser, Derek) (Entered: 06/12/2009) 06/12/2009 104 NOTICE OF APPEARANCE by Erin M. Riley on behalf of Shelden Greenberg (Riley, Erin) (Entered: 06/12/2009) 06/12/2009 DI NOTICE OF APPEARANCE by Lynn Lincoln Sarko on behalf of Shelden Greenberg (Sarko, Lynn) (Entered: 06/12/2009) 06/16/2009 CASHIERS OFFICE REMARK on 52 Motion to Appear Pro Hac Vice, a Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 03/17/2009, Receipt Number 681644. (jd) (Entered: 06/16/2009) 06/18/2009 106 ORDER; Lead Plaintiff State of Michigan Retirement Systems' motion to modify the stay of discovery will be heard on submission, without oral argument, on 7/30/09. All motion papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 6/17/09) Filed In Associated Cases: 16 of 25 12/18/09 12:16 PM EFTA00729742 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 1:08-md-01963-RWS, I:08-cv-02793-RWS(ae) (Entered: 06/18/2009) 06/22/2009 107 OPPOSITION BRIEF to the Motion of the Crowes to Not Consolidate. Document filed by State of Michigan Retirement Systems.Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-02793-RWS(Block, Jeffrey) (Entered: 06/22/2009) 06/22/2009 108 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion to Not Consolidate fre:Document #4 on the 09cv0778(RWS) Docket). Document filed by Samuel L. Molinaro, Jr, Alan C. Greenberg, JP Morgan Chase & Co., Alan D. Schwartz. (Goldstein, Eric) (Entered: 06/27)2009) 06/22/2009 M2 AFFIDAVIT of Jonathan H. Hurwitz in Opposition fre:Document #4 on the 09cv0778(RWS) Docket). Document filed by Samuel L. Molinaro, Jr, Alan C. Greenberg, JP Morgan Chase & Co., Alan D. Schwartz. (Hurwitz, Jonathan) (Entered: 06/22/2009) 06/22/2009 110 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the ERISA Action, as follows: I. Paul, Weiss, Rifkind, Wharton & Garrison LLP hereby accepts service of the Amended Complaint on behalf of defendants Henry S. Bienen, Carl D. Glickman, Michael Goldstein, Donald J. Harrington, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Vincent Tese, Wesley S. Williams, Jr., Kathleen Cavallo, Stephen Lacoff, and Robert Steinberg; 2. Defendants shall file and serve their answer(s) or responsive motion(s) to the Amended Complaint on or before August 4, 2009; 3. Any opposition brief(s) shall be filed on or before September 25, 2009, and any reply brief(s) shall be filed on or before October 26, 2009; and 4. Nothing herein shall be deemed to constitute a waiver of any defenses in this action, and defendants reserve all arguments and defenses in this action. (Signed by Judge Robert W. Sweet on 6/19/09) Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-02804-RWS(rjm) (Entered: 06/23/2009) 06/22/2009 Set Deadlines/Hearings:Frank T. Nickell answer due 8/4/2009; Paul A. Novelly answer due 8/4/2009; Frederic V. Salerno answer due 8/4/2009; Vincent Tese answer due 8/4/2009; Henry S. Bienen answer due 8/4/2009; Carl D. Glickman answer due 8/4/2009; Michael Goldstein answer due 8/4/2009; Donald J. Harrington answer due 8/4/2009; Wesley S. Williams, Jr answer due 8/4/2009; Kathleen Cavallo answer due 8/4/2009; Stephen Lacoff answer due 8/4/2009; Robert Steinberg answer due 8/4/2009; Henry Bienen answer due 8/4/2009. Motions due by 8/4/2009. Replies due by 10/26/2009. Responses due by 9/25/2009 Associated Cases: 1:08-md-01963-RWS, I:08-cv-02804-RWS(rjm) (Entered: 06/23/2009) 06/29/2009 111 MEMORANDUM OF LAW in Opposition re: (127 in 1:08-cv-02793-RWS, 100 in 1:08-md-01963-RWS) MOTION of Lead Plaintiffs to Modify the Stay of Discovery. ("Memorandum Of Deloitte & Touche LLP In Opposition. To Lead Plaintiffs Motion To Modify The Stay of Discovery"). Document filed by Deloitte & Touche LLP. Filed In Associated Cases: 1:08-md-01963-RWS, I:08-cv-02793- RWS(Shulman, Max) (Entered: 06/29/2009) 17 of 25 12/18/09 12:16 PM EFTA00729743 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 06/29/2009 112 DECLARATION of Max R. Shulman in Opposition re: (127 in 1:08-cv- 02793-RWS, 100 in 1:08-md-01963-RWS) MOTION of Lead Plaintiff's to Modify the Stay of Discovery.. Document filed by Deloitte & Touche LLP. (Attachments: # 1 Exhibit 1 to Declaration of Max R. Shulman, # 2 Exhibit 2 to Declaration of Max R. Shulman)Filed In Associated Cases: 1:08-md-01963-RWS, I:08-cv-02793- RWS(Shulman, Max) (Entered: 06/29/2009) 06/29/2009 il l MEMORANDUM OF LAW in Opposition re: .l MOTION of Lead Plaintiffs to Modify the Stay of Discovery.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Michael Alix. (Goldstein, Eric) (Entered: 06/29/2009) 06/29/2009 114 DECLARATION of Douglas M. Pravda in Opposition re: 100 MOTION of Lead Plaintiffs to Modify the Stay of Discovery.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Michael Alix. (Pravda, Douglas) (Entered: 06/29/2009) 06/30/2009 DI REPLY MEMORANDUM OF LAW in Support re: (66 in 1:08-md-01963-RWS) MOTION to Dismiss the Consolidated Class Action Complaint. ("Reply Memorandum In Support Of Motion By Deloitte & Touche LLP To Dismiss The Consolidated Class Action. Complaint"). Document filed by Deloitte & Touche LLP. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02793- RWS(Shulman, Max) (Entered: 06/30/2009) 06/30/2009 116 AFFIDAVIT of Max R. Shulman in Support re: (66 in 1:08-md-01963-RWS) MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Deloitte & Touche LLP. (Attachments: # 1 Exhibit 24 to Declaration of Max R. Shulman, # 2 Exhibit 25 to Declaration of Max R. Shulman, # 3 Exhibit 25 (Part 2) to Declaration of Max R. Shulman)Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-02793-RWS(Shulman, Max) (Entered: 06/30/2009) 06/30/2009 117 MEMORANDUM OF LAW in Opposition re: (91 in 1:08-md-01963-RWS) MOTION to Strike Extraneous Documents Submitted With Defendants Bear Stearns And Deloitte & Touche LLPs Motions To Dismiss. ("Memorandum Of Deloitte & Touche LLP In Opposition To Plaintiff's Motion To Strike"). Document filed by Deloitte & Touche LLP. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02793-RWS(Shulman, Max) (Entered: 06/30/2009) 06/30/2009 118 REPLY MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Verified Third Amended Shareholder Derivative and Class Complaint.. Document filed by Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Jeffrey M. Farber, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, JP Morgan Chase & Co., Jeffrey Mayer, Michael Minikes, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Vincent Tese, Wesley S. Williams, Jr. (Goldstein, Eric) (Entered: 06/30/2009) 18 of 25 12/18/09 12:16 PM EFTA00729744 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.p17652068417602967-... 06/30/2009 .1_11 REPLY AFFIRMATION of Eric S. Goldstein in Support re: 76 MOTION to Dismiss the Verified Third Amended Shareholder Derivative and Class Complaint.. Document filed by Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Jeffrey M. Farber, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, JP Morgan Chase & Co., Jeffrey Mayer, Michael Minikes, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Vincent Tese, Wesley S. Williams, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Goldstein, Eric) (Entered: 06/30/2009) 06/30/2009 120 REPLY MEMORANDUM OF LAW in Support re: 70 MOTION to Dismiss the Consolidated Class Action. Complaint.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Michael Alix. (Goldstein, Eric) (Entered: 06/30/2009) 06/30/2009 121 REPLY AFFIRMATION of Eric S. Goldstein in Support re: 70 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Stearns Companies, Inc., Michael Alix. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Goldstein, Eric) (Entered: 06/30/2009) 06/30/2009 .122 MEMORANDUM OF LAW in Opposition re: 9J. MOTION to Strike Extraneous Documents Submitted With Defendants Bear Stearns And Deloitte & Touche LLPs Motions To Dismiss.. Document filed by Samuel L. Molinaro, Jr, James E. Cayne, Jeffrey M. Farber, Alan C. Greenberg, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Michael Alix. (Goldstein, Eric) (Entered: 06/30/2009) 06/30/2009 123 TRANSCRIPT of proceedings held on 6/3/09, 12:05pm before Judge Robert W. Sweet. (rjm) (Entered: 07/01/2009) 07/01/2009 124 NOTICE of NOTICE OF FIRM NAME CHANGE. Document filed by H. Roger Wang. (Stahr, William) (Entered: 07/01/2009) 07/02/2009 125 NOTICE OF CHANGE OF ADDRESS by William J. Dealy on behalf of Shelden Greenberg, Aaron Howard. New Address: Dealy & Silberstein, LLP, 225 Broadway, Suite 1405, New York, New York, USA 10007, 212-385-0066. (Dealy, William) (Entered: 07/02/2009) 07/06/2009 126 ENDORSED LETTER addressed to Judge Robert W. Sweet from Max R. Shulman dated 6/24/09 re: We represent Deloitte & Touche LLP in the above captioned litigation. We write pursuant to Your Honor's Individual Practice 2.0 to request permission to exceed the page limit set therein. Specifically, Deloitte respectfully requests permission to file a reply memorandum of no more than thirty (30) pages. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 6/30/09) Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02793- RWS(rjm) (Entered: 07/06/2009) 07/10/2009 127 NOTICE OF APPEARANCE by Michael J. Sternhell on behalf of James E. Cayne (Sternhell, Michael) (Entered: 07/10/2009) 19 of 25 12/18/09 12:16 PM EFTA00729745 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.p17652068417602967-... 07/10/2009 In REPLY MEMORANDUM OF LAW in Support re: (127 in 1:08-cv-02793-RWS) MOTION of Lead Plaintiffs to Modify the Stay of Discovery.. Document filed by State of Michigan Retirement Systems. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02793- RWS(Johnson, James) (Entered: 07/10/2009) 07/14/2009 129 NOTICE of Substitution of Attorney. Old Attorney: William A. Stahr, New Attorney: William A. Stahr, Address: GHODS LAW FIRM, 2100 N. Broadway, Suite 101, Santa Ana, CA, USA 92706, 714-558-8580. Document filed by H. Roger Wang. (Stahr, William) (Entered: 07/14/2009) 07/14/2009 130 NOTICE of Substitution of Attorney. Old Attorney: Mohammed K. Ghods, New Attorney: Mohammed K. Ghods, Address: GHODS LAW FIRM, 2100 N. Broadway, Suite 101, Santa Ana, CA, USA 92706, 714-558-8580. Document filed by H. Roger Wang. (Stahr, William) (Entered: 07/14/2009) 07/14/2009 131 REPLY MEMORANDUM OF LAW in Support re: (91 in 1:08-md-01963-RWS) MOTION to Strike Extraneous Documents Submitted With Defendants Bear Stearns And Deloitte & Touche LLPs Motions To Dismiss. Reply To The Bear Stearns Defendants' Opposition. Document filed by State of Michigan Retirement Systems. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02793- RWS(Block, Jeffrey) (Entered: 07/14/2009) 07/14/2009 132 REPLY MEMORANDUM OF LAW in Support re: (91 in 1:08-md-01963-RWS) MOTION to Strike Extraneous Documents Submitted With Defendants Bear Stearns And Deloitte & Touche LLPs Motions To Dismiss. Reply to Defendant Deloitte & Touche LLP's Opposition. Document filed by State of Michigan Retirement Systems. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv- 02793-RWS(Block, Jeffrey) (Entered: 07/14/2009) 07/16/2009 133 OPINION According to Bransbourg, in appointing SMRS lead plaintiff to represent all purchasers of Bear Stearns' securities, including members of the Bransbourg Class, the Court failed to address Bransbourg's contention that SMRS lacks standing to assert claims on behalf of the Bransbourg Class. Bransbourg argues that SMRS's lack of standing to interpose claims on behalf of the Bransbourg class renders it prima facie inadequate to serve as lead plaintiff for the Bransbourg action, and, therefore, the Court's decision constituted legal error. Without considering whether Bransbourg is correct that SMRS lacks standing to assert claims on its behalf, the Court is satisfied that there is no requirement under either the Private Securities Litigation Reform Act of 1995 or the case law in this Circuit for a lead plaintiff to possess "standing to sue on every available cause of action." Hevesi v. Citigroup Inc., 366 F.3d 70, 82 (2d Cir. 2004) ("[B)ecause the PSLRA mandates that courts must choose a party who has, among other things, the largest financial stake in the outcome of the case, it is inevitable that, in some cases, the lead plaintiff will not have standing to sue on every claim."); see In re Fuwei Films Sec. Litig., 247 F.R.D. 432, 438 (S.D.N.Y. 2008) ("[T)he Second Circuit has held that there is no requirement that a court select as lead plaintiff only a movant with standing to assert every possible claim against every defendant, nor does the presumptive lead plaintiff fail to satisfy the typicality prong if he or she cannot assert every possible claim."); In re Initial Public Offering Sec. Litig., 214 20 of 25 12/18/09 12:16 PM EFTA00729746 SDNY CM/ECF Version 3.2.2 https://ecEnysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... F.R.D. 117, 123 (S.D.N.Y. 2002) (finding that any suggestion "that the court should cobble together a lead plaintiff group that has standing to sue on all possible causes of action has been rejected repeatedly by courts in this Circuit and undermines the purpose of the PSLRA"). Nor does Bransbourg point to any controlling decisions or pertinent facts that the Court overlooked in its January 5, 2009 Opinion consolidating his case with the other securities actions and appointing SMRS lead plaintiff. Concluding that "[t]tre claims asserted in the Bransbourg Action are identical to those asserted in the other Securities Actions and are based on the same statements made by Defendants during the same class period," the Court found consolidation appropriate. Jan. 5, 2009 Opinion at *7. Because Bransbourg's motion is simply a rehash of arguments that were made in opposition to consolidation, the motion for reconsideration is denied. ii. Zicherman's Motion: Zicherman seeks reversal of the Court's consolidation of this action with the other securities actions based on the Court's statement in the January 5, 2009 Opinion that "Plaintiff Zicherman alleges a class period limited to the week of March 10, 2008." Jan. 5, 2009 Opinion at *2. This statement is not an accurate description of Zicherman's claim, which is broughtas an individual action, rather than a class action, and the January 5, 2009 Opinion and Consolidation Order shall be amended to reflect Zicherman's action as such. The error pointed to by Zicherman does not, however, warrant reconsideration of the Court's determination to consolidate his action with the other Securities Actions. In consolidating Zicherman's action, the Court concluded that consolidation was appropriate because "all of the cases alleging violations of the federal securities laws involve common questions of law and fact sufficient to warrant consolidation." Jan. 5, 2009 Opinion at *6. The fact that Zicherman brings his claim as an individual and not on behalf of a class does not alter this conclusion, and therefore his motion for reconsideration is denied. As to Zicherman's request that the Consolidation Order be additionally amended to specifically list his rights as an individual plaintiff, the Court does not find such further amendment necessary at this time. It is so ordered. (Signed by Judge Robert W. Sweet on 7/15/2009) Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv- 02793-RWS(jmi) (Entered: 07/17/2009) 07/21/2009 CORRECTED AMENDED CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT amending 84 (in Case No. 08cv2804) Amended Complaint, against Samuel L. Molinaro, Jr, Henry Bienen, James E. Cayne, Carl D. Glickman, Michael Goldstein, Alan C. Greenberg, Donald J. Harrington, Jeffrey Mayer, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Alan D. Schwartz, Warren J. Spector, Bear Steams Companies, Inc., Vincent Tese, Wesley S. Williams, Jr, Board of Directors, The Executive Committee of the Company, The Employee Stock Ownership Plan Committee, Kathleen Cavallo, Stephen Lacoff, Robert Steinberg, John Does. Document filed by Shelden Greenberg, Aaron Howard. Entered as Doc. No. 88 in 08cv2804.(rjm) (Entered: 07/22/2009) 07/22/2009 134 NOTICE OF CHANGE OF ADDRESS by David A.P. Brower on behalf of Samuel T. Cohen. New Address:. (Brower, David) (Entered: 07/22/2009) 08/07/2009 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the ERISA Action, as 21 of 25 12/18/09 12:16 PM EFTA00729747 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.p17652068417602967-... follows: 1. Defendants' time to answer, move, or otherwise respond to the Amended Complaint is extended to and including September 14, 2009. 2. If defendants move to dismiss the Amended Complaint, plaintiffs shall file any opposition brief(s) on or before November 6, 2009, and defendants shall file any reply brief(s) on or before December 7, 2009. 3. Nothing herein shall be deemed to constitute a waiver of any defenses in this action, and defendants reserve all arguments and defenses in this action. (Signed by Judge Robert W. Sweet on 8/5/09) Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02804- RWS(rjm) (Entered: 08/10/2009) 08/07/2009 Set Deadlines/Hearings:Samuel L. Molinaro, Jr answer due 9/14/2009; Henry Bienen answer due 9/14/2009; James E. Cayne answer due 9/14/2009; Carl D. Glickman answer due 9/14/2009; Michael Goldstein answer due 9/14/2009; Alan C. Greenberg answer due 9/14/2009; Donald J. Harrington answer due 9/14/2009; Jeffrey Mayer answer due 9/14/2009; Frank T. Nickell answer due 9/14/2009; Paul A. Novelly answer due 9/14/2009; Frederic V. Salerno answer due 9/14/2009; Alan D. Schwartz answer due 9/14/2009; Warren J. Spector answer due 9/14/2009; Bear Steams Companies, Inc. answer due 9/14/2009; Vincent Tese answer due 9/14/2009; Wesley S. Williams, Jr answer due 9/14/2009; Custodial Trust Company answer due 9/14/2009; Board of Directors answer due 9/14/2009; The Executive Committee of the Company answer due 9/14/2009; The Employee Stock Ownership Plan Committee answer due 9/14/2009; Kathleen Cavallo answer due 9/14/2009; Stephen Lacoff answer due 9/14/2009; Robert Steinberg answer due 9/14/2009; John Does answer due 9/14/2009. (rjm) (Entered: 08/10/2009) 08/25/2009 136 MOTION for Julie Siebert-Johnson and Shannon O. Lack to Appear Pro Hac Vice on behalf of plaintiff. Attached is Affirmation of Milo Silberstein. Document filed by Shelden Grenberg and Aaron Howard (djc) Modified on 8/26/2009 (djc). Modified on 8/27/2009 (djc). (Entered: 08/26/2009) 08/27/2009 CASHIERS OFFICE REMARK on 136 Motion to Appear Pro Hac Vice, in the amount of $50.00, paid on 08/25/2009, Receipt Number 698377. (jd) (Entered: 08/27/2009) 09/11/2009 137 ORDER TO GRANTING ADMISSION OF COUNSEL PRO HAC VICE. IT IS HEREBY ORDERED that Julie Siebert-Johnson and Shannon O. Lack of Barroway Topaz Kessler Meltzer & Check, LLP, 280 King of Prussia Road, Radnor, PA 19087, (610) 667-7706 / (610) 667-7056 are admitted to practice pro hac vice as counsel for Plaintiffs, in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. granting 136 Motion for Julie Siebert-Johnson and Shannon O. Lack to Appear Pro Hac Vice. (Signed by Judge Robert W. Sweet on 9/3/09) (rjm) (Entered: 09/11/2009) 09/11/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 137 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of 22 of 25 12/18/09 12:16 PM EFTA00729748 SDNY CM/ECF Version 3.2.2 haps://ecf.nysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... Attorney Information. (rjm) (Entered: 09/11/2009) 09/22/2009 138 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the ERISA Action, as follows: 1. Defendants' time to answer, move, or otherwise respond to the Amended Complaint is extended to and including November 2, 2009. 2. If defendants move to dismiss the Amended Complaint, plaintiffs shall file any opposition brief(s) on or before December 18, 2009, and defendants shall file any reply brief(s) on or before January 22, 2010. 3. Nothing herein shall be deemed to constitute a waiver of any defenses in this action, and defendants reserve all arguments and defenses in this action. Custodial Trust Company answer due 11/2/2009; John Does 1-20 answer due 11/2/2009; Samuel Molinaro answer due 11/2/2009; The Bear Stearns Companies, Inc. answer due 11/2/2009; Jane Does 1-20 answer due 11/2/2009; John and Jane Does 1-10 answer due 11/2/2009; Frank T. Nickell answer due 11/2/2009; Paul A. Novelly answer due 11/2/2009; Frederic V. Salerno answer due 11/2/2009; Vincent Tese answer due 11/2/2009; Jeffrey Mayer answer due 11/2/2009; Jane Does 1-10 answer due 11/2/2009; The Board of Directors answer due 11/2/2009; Carl D. Glickman answer due 11/2/2009; Michael Goldstein answer due 11/2/2009; Donald J. Harrington answer due 11/2/2009; Wesley S. Williams, Jr answer due 11/2/2009; James E. Cayne answer due 11/2/2009; The Executive Committee of the Company answer due 11/2/2009; The Employee Stock Ownership Plan Committee answer due 11/2/2009; Kathleen Cavallo answer due 11/2/2009; Stephen Lacoff answer due 11/2/2009; Robert Steinberg answer due 11/2/2009; Alan D. Schwartz answer due 11/2/2009; Warren J. Spector answer due 11/2/2009; Samuel L. Molinaro, Jr answer due 11/2/2009; Alan C. Greenberg answer due 11/2/2009; John Does answer due 11/2/2009; Samuel L. Molinaro, Jr answer due 11/2/2009; Henry Bienen answer due 11/2/2009; James E. Cayne answer due 11/2/2009; Alan C. Greenberg answer due 11/2/2009; Alan D. Schwartz answer due 11/2/2009; Warren J. Spector answer due 11/2/2009; Bear Stearns Companies, Inc. answer due 11/2/2009; Board of Directors answer due 11/2/2009; John Does answer due 11/2/2009.(Motions due by 11/2/2009., Replies due by 1/22/2010., Responses due by 12/18/2009) (Signed by Judge Robert W. Sweet on 9/22/09) Filed In Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-02804-RWS(rjm) (Entered: 09/22/2009) 10/02/2009 Docketed Order dated January 5, 2009 in 09 Civ. 8161 (RWS) and mailed copy of the Order to counsel for plaintiff Bruce S. Sherman. (rw) (Entered: 10/02/2009) 10/23/2009 .1_31 RESPONSE re: (4 in I:09-cv-08161-RWS) Objection (non-motion) /Response of Lead Plaintiff to the Objection to Consolidation Filed by Bruce S. Sherman. Document filed by State of Michigan Retirement Systems. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:08-md-01963-RWS, 1:09-cv- 08161-RWS(Johnson, James) (Entered: 10/23/2009) 10/23/2009 140 RESPONSE re: (4 in I:09-cv-08161-RWS) Objection (non-motion) ("DELOTITE & TOUCHE LLP'S OPPOSITION TO PLAINTIFF'S OBJECTION TO CONSOLIDATION"). Document filed by Deloitte & Touche LLP, Deloitte & Touche, LLP. Filed In Associated Cases: 1:08-md-01963-RWS, 1:09-cv-08161- RWS(Shulman, Max) (Entered: 10/23/2009) 23 of 25 12/18/09 12:16 PM EFTA00729749 SDNY CM/ECF Version 3.2.2 haps://ecEnysd.uscourts.govicgi-bin/DktRpt.p17652068417602967-... 11/0212009 141 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the ERISA Action, as follows: 1. Defendants' time to answer, move, or otherwise respond to the Amended Complaint is extended to and including December 7, 2009. 2. If defendants move to dismiss the Amended Complaint, plaintiffs shall file any opposition brief(s) on or before January 28, 2010, and defendants shall file any reply brief(s) on or before March 1, 2010. 3. Nothing herein shall be deemed to constitute a waiver of any defenses in this action, and defendants reserve all arguments and defenses in this action. Custodial Trust Company answer due 12/7/2009; John Does 1-20 answer due 12/7/2009; Samuel Molinaro answer due 12/7/2009; The Bear Steams Companies, Inc. answer due 12/7/2009; Jane Does 1-20 answer due 12/7/2009; John and Jane Does 1-10 answer due 12/7/2009; Frank T. Nickell answer due 12/7/2009; Paul A. Novelly answer due 12/7/2009; Frederic V. Salerno answer due 12/7/2009; Vincent Tese answer due 12/7/2009; Jeffrey Mayer answer due 12/7/2009; Jane Does 1-10 answer due 12/7/2009; The Board of Directors answer due 12/7/2009; Carl D. Glickman answer due 12/7/2009; Michael Goldstein answer due 12/7/2009; Donald J. Harrington answer due 12/7/2009; Wesley S. Williams, Jr answer due 12/7/2009; James E. Cayne answer due 12/7/2009; The Executive Committee of the Company answer due 12/7/2009; The Employee Stock Ownership Plan Committee answer due 12/7/2009; Kathleen Cavallo answer due 12/7/2009; Stephen Lacoff answer due 12/7/2009; Robert Steinberg answer due 12/7/2009; Alan D. Schwartz answer due 12/7/2009; Warren J. Spector answer due 12/7/2009; Samuel L. Molinaro, Jr answer due 12/7/2009; Alan C. Greenberg answer due 12/7/2009; John Does answer due 12/7/2009.( Motions due by 12/7/2009., Replies due by 3/1/2010., Responses due by 1/28/2010) (Signed by Judge Robert W. Sweet on 11/2/09) Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02804-RWS(rjm) (Entered: 11/0212009) 11/16/2009 142 MANDATE of USCA (Certified Copy) USCA Case Number 09-3237-op. Petitioner, through counsel, has filed a petition for a writ of mandamus. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that he lacks an adequate, alternative means of obtaining relief. See In re von Bulow, 828 F.2d 94, 98 (2d Cir. 1987). Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/13/2009. (nd) (Entered: 11/16/2009) 11/16/2009 Transmission of USCA Mandate/Order to the District Judge re: 142 USCA Mandate,. (nd) (Entered: 11/16/2009) 12/10/2009 143 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties to the ERISA Action, as follows: 1. Defendants' time to answer, move, or otherwise respond to the Amended Complaint is extended to and including January 11, 2010.2. If defendants move to dismiss the Amended Complaint, plaintiffs shall file any opposition brief(s) on or before February 25, 2010, and defendants shall file any reply brief(s) on or before March 29, 2010. 3. Nothing herein shall be deemed to constitute a waiver of any defenses in this action, and defendants reserve all arguments and defenses in this action. (Motions due by 1/11/2010., Replies due by 24 of 25 12/18/09 12:16 PM EFTA00729750 SDNY CM/ECF Version 3.2.2 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.p17652068417602967-... 3/29/2010., Responses due by 2/25/2010) (Signed by Judge Robert W. Sweet on 12/8/09) Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02804- RWS(rjm) (Entered: 12/10/2009) 12/10/2009 Set/Reset Deadlines: Frank T. Nickell answer due 1/11/2010; Paul A. Novelly answer due 1/11/2010; Frederic V. Salerno answer due 1/11/2010; Vincent Tese answer due 1/11/2010; Jeffrey Mayer answer due 1/11/2010; Carl D. Glickman answer due 1/11/2010; Michael Goldstein answer due 1/11/2010; Donald J. Harrington answer due 1/11/2010; Wesley S. Williams, Jr answer due 1/11/2010; James E. Cayne answer due 1/11/2010; The Executive Committee of the Company answer due 1/11/2010; The Employee Stock Ownership Plan Committee answer due 1/11/2010; Kathleen Cavallo answer due 1/11/2010; Stephen Lacoff answer due 1/11/2010; Robert Steinberg answer due 1/11/2010; Alan D. Schwartz answer due 1/11/2010; Warren J. Spector answer due 1/11/2010; Samuel L. Molinaro, Jr answer due 1/11/2010; Alan C. Greenberg answer due 1/11/2010; John Does answer due 1/11/2010; Samuel L. Molinaro, Jr answer due 1/11/2010; Henry Bienen answer due 1/11/2010; James E. Cayne answer due 1/11/2010; Alan C. Greenberg answer due 1/11/2010; Alan D. Schwartz answer due 1/11/2010; Warren J. Spector answer due 1/11/2010; Bear Stearns Companies, Inc. answer due 1/11/2010; John Does answer due 1/11/2010. Associated Cases: 1:08-md- 01963-RWS, 1:08-cv-02804-RWS(rjm) (Entered: 12/11/2009) 12/17/2009 144 MOTION for Reconsideration re; (90 in 1:08-cv-02793-RWS, 24 in 1:08-md- 01963-RWS) Memorandum & Opinion„ (133 in 1:08-md-01963-RWS, 149 in 1:08-cv-02793-RWS) Memorandum & Opinion . Document filed by Gilles Bransbourg.Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv- 02793-RWS(Krasner, Daniel) (Entered: 12/17/2009) 12/17/2009 Ell MEMORANDUM OF LAW in Support re: (152 in 1:08-cv-02793-RWS) MOTION for Reconsideration re; (90 in 1:08-cv-02793-RWS, 24 in 1:08-md- 01963-RWS) Memorandum & Opinion„ (133 in 1:08-md-01963-RWS, 149 in 1:08-cv-02793-RWS) Memorandum & Opinion . MOTION for Reconsideration re; (90 in I:08-cv-02793-RWS, 24 in 1:08-md-01963-RWS) Memorandum & Opinion„ (133 in 1:08-md-01963-RWS, 149 in 1:08-cv- 02793-RWS) Memorandum & Opinion .. Document filed by Gilles Bransbourg. Filed In Associated Cases: 1:08-md-01963-RWS, 1:08-cv-02793- RWS(Krasner, Daniel) (Entered: 12/17/2009) PACER Service Center Transaction Receipt 12/18/2009 11:14:39 PACER Login: d2136 Code: Client Description: Docket Report Search Criteria: 1:08-md-01963-RWS Start date: 1/1/2008 End date: 1/1/2010 ' Billable Pages: 10 Cost: 1.60 25 of 25 12/18/09 12:16 PM EFTA00729751