EFTA00729727.pdf

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 Date Filed: 08/19/2008 and Employee Retirement Income Security Act (ERISA) Jury Demand: None Litigation Nature of Suit: 791 Labor: E.R.I.S.A. Assigned to: Judge Robert W. Sweet Jurisdiction: Federal Question 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 # 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 ofLaw in Support of the State ofMichigan 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 A, # 2 Exhibit B, # Exhibit C)(Kelly, James) (Entered: 11/19/2008) 11/19/2008 17 REPLY MEMORANDUM OF LAW in Support ofResponse 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 ofConsolidation. 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 WolfHaldenstein 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