US District Court Civil Docket as of 12/24/2011
Retrieved from the court on January 5, 2012

U.S. District Court
Northern District of
Georgia (Atlanta)
CIVIL DOCKET FOR CASE #:
1:07-cv-02298-TCB


IN RE NETBANK, INC. SECURITIES LITIGATION, U.S.D.C.N.GA.
Assigned to: Judge Timothy C. Batten, Sr
Member case:

    1:07-cv-02631-BBM

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


Date Filed:
09/19/2007
Date Terminated:
11/09/2011
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

Johnny R. Adcock
on Behalf of Himself and Others Similarly Situated

represented by

Elizabeth L. Clack-Freeman
Andersen, Tate & Carr, P.C.
1960 Satellite Boulevard
Suite 4000
Duluth, GA 30097
770-822-0900
Email: ddeak@atclawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Render Crayton Freeman
Andersen, Tate & Carr, P.C.
One Sugarloaf Centre
Suite 4000
1960 Satellite Boulevard
Duluth, GA 30097
770-822-0900
Fax: 770-822-9680
Email: rfreeman@atmlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas T. Tate
Andersen, Tate & Carr, P.C.
1960 Satellite Boulevard
Suite 4000
Duluth, GA 30097
770-822-0900
Email: ttate@atclawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William B. Federman
Federman & Sherwood
10205 N. Pennsylvania Avenue
Oklahoma, OK 73120
405-235-1560
Fax: 405-239-2112
Email: wbf@federmanlaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Daniel B. Rehns
Schoengold Sporn Laitman & Lometti, P.C.
Suite 406
19 Fulton Street
New York, NY 10038
212-964-0046
TERMINATED: 06/07/2010

Jay P. Saltzman
Schoengold & Sporn
19 Fulton Street
Suite 406
New York, NY 10038
212-964-0046
TERMINATED: 06/07/2010

Joel P. Laitman
Schoengold & Sporn
19 Fulton Street
Suite 406
New York, NY 10038
212-964-0046
TERMINATED: 06/07/2010

Samuel P. Sporn
Schoengold & Sporn
19 Fulton Street
Suite 406
New York, NY 10038
212-964-0046
TERMINATED: 06/07/2010

 

 

 

Plaintiff

 

 

Robert A. Brown
Lead Plaintiff

represented by

Charles P. Goodwin
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103-6365
215-875-3000
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jeffrey D. Cooper
Gorby, Peters & Associates, P.C.
Suite 1500
Two Ravinia Drive
Atlanta, GA 30346
404-239-1150
Email: jcooper@gorbypeters.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lane L. Vines
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103-6365
215-875-3000
Email: lvines@bm.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mary Donne Peters
Gorby Reeves & Peters
Two Ravinia Drive
Suite 1500
Atlanta, GA 30346-2104
404-239-1150
Email: mpeters@gorbypeters.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Merrill G. Davidoff
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103-6365
215-875-3000
Email: mdavidoff@bm.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael C. Dell'Angelo
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103-6365
215-875-3000
Email: MDellangelo@bm.net
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Michael J. Gorby
Gorby Reeves & Peters
Two Ravinia Drive
Suite 1500
Atlanta, GA 30346-2104
404-239-1150
Email: mgorby@gorbypeters.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Moris Simson

represented by

Krissi T. Gore
Chitwood Harley Harnes
2300 Promenade II
1230 Peachtree Street, NE
Atlanta, GA 30309
404-873-3900
Fax: 404-876-4476
Email: KGore@chitwoodlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Martin D. Chitwood
Chitwood Harley Harnes
2300 Promenade II
1230 Peachtree Street, NE
Atlanta, GA 30309
404-873-3900
Fax: 404-876-4476
Email: mchitwood@chitwoodlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Ryan Peacock
Law Office of Michael R. Peacock
670 Belvoir Heights
Athens, GA 30606
404-234-3488
Email: peacockmichael@hotmail.com
LEAD ATTORNEY

Robert Ware Killorin
Chitwood Harley Harnes
2300 Promenade II
1230 Peachtree Street, NE
Atlanta, GA 30309
404-873-3900
Email: rkillorin@chitwoodlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Nathan Topie

represented by

Krissi T. Gore
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Martin D. Chitwood
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Ryan Peacock
(See above for address)
LEAD ATTORNEY

Robert Ware Killorin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Arash Vahdat

represented by

Krissi T. Gore
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Martin D. Chitwood
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Ryan Peacock
(See above for address)
LEAD ATTORNEY

Nikole M. Davenport
Chitwood Harley Harnes
2300 Promenade II
1230 Peachtree Street, NE
Atlanta, GA 30309
404-873-3900
Email: nmd@classlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Ware Killorin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Netbank, Inc.

 

 

 

 

 

Defendant

 

 

Steven F. Herbert

represented by

Benjamin Lee
King & Spalding, LLP-
ATL
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
404-572-2820
Email: blee@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bethany Schneider
King & Spalding, LLP-
ATL
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
404-572-3506
Email: bschneider@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Smith
King & Spalding
191 Peachtree Street, N.E.
Atlanta, GA 30303-1763
404-572-4600
Email: mrsmith@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cheri A. Grosvenor
King & Spalding, LLP-
ATL
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
404-572-2735
Fax: 404-572-5140
Email: cgrosvenor@kslaw.com
ATTORNEY TO BE NOTICED

Jonathan R. Chally
King & Spalding, LLP-
ATL
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
404-572-4673
Fax: 404-572-5139
Email: jchally@kslaw.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Douglas K. Freeman

represented by

Benjamin Lee
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bethany Schneider
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cheri A. Grosvenor
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan R. Chally
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Catherine A. Ghiglieri
TERMINATED: 09/15/2008

represented by

Joseph P. Quirk
Quirk & Quirk
2964 Peachtree Road, N.W.
450 Buckhead Centre
Atlanta, GA 30305-4903
404-237-5595
Email: jpq@quirklaw.com
TERMINATED: 09/15/2008

 

 

 

Defendant

 

 

James P. Gross

represented by

Benjamin Lee
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bethany Schneider
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cheri A. Grosvenor
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan R. Chally
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Thomas H. Muller, Jr.

represented by

Benjamin Lee
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bethany Schneider
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cheri A. Grosvenor
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan R. Chally
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Eula L. Adams

represented by

Benjamin Lee
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bethany Schneider
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cheri A. Grosvenor
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan R. Chally
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

David W. Johnson, Jr.

represented by

Benjamin Lee
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bethany Schneider
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cheri A. Grosvenor
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan R. Chally
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Sajid Ali

represented by

Krissi T. Gore
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Martin D. Chitwood
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Ryan Peacock
(See above for address)
LEAD ATTORNEY

Robert Ware Killorin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Federal Deposit Insurance Corporation

represented by

Robert J. Waddell , Jr.
McGuire Woods LLP-GA
1230 Peachtree Street, N.E.
Suite 2100, Promenade II
Atlanta, GA 30309
404-443-5500
Fax: 404-443-5599
Email: rwaddell@mcguirewoods.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jacob A. Brown
Akerman Senteriftt & Eidson
50 North Laura Street
Suite 3100
Jacksonville, FL 32202
904-798-3700
Email: jacob.brown@akerman.com
TERMINATED: 06/16/2010

 

 

 

 

Date Filed

#

Docket Text

09/19/2007

1 

COMPLAINT with Jury Demand filed by Johnny R. Adcock; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 569447.) (Attachments: # 1 Summons # 2 Civil Cover Sheet)(epm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/21/2007)

10/05/2007

2 

Return of Service Executed by Johnny R. Adcock. Steven F. Herbert served on 9/21/2007, answer due 10/11/2007. (Freeman, Render) (Entered: 10/05/2007)

10/05/2007

3 

Return of Service Executed by Johnny R. Adcock. Netbank, Inc. served on 9/21/2007, answer due 10/11/2007. (Freeman, Render) (Entered: 10/05/2007)

10/11/2007

4 

APPLICATION for Admission of Jay P. Saltzman Pro Hac Vice (Application fee $ 150, receipt number 1374692)by Johnny R. Adcock. (Attachments: # 1 Order of Admission)(Freeman, Render) (Entered: 10/11/2007)

10/11/2007

5 

APPLICATION for Admission of Joel P. Laitman Pro Hac Vice (Application fee $ 150, receipt number 1374708)by Johnny R. Adcock. (Attachments: # 1 Order of Admission)(Freeman, Render) (Entered: 10/11/2007)

10/12/2007

  

APPROVAL by Clerks Office re: 4 APPLICATION for Admission of Jay P. Saltzman Pro Hac Vice (Application fee $ 150, receipt number 1374692). Attorney Jay P. Saltzman for Johnny R. Adcock added. (cdg) (Entered: 10/12/2007)

10/12/2007

  

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Joel P. Laitman Pro Hac Vice (Application fee $ 150, receipt number 1374708). Attorney Joel P. Laitman for Johnny R. Adcock added. (cdg) (Entered: 10/12/2007)

10/15/2007

  

ORDER(BY DOCKET ENTRY ONLY) approving 4 Application for Admission Pro Hac Vice of Jay P. Saltzman and approving 5 Application for Admission Pro Hac Vice of Joel P. Laitman. Entered by Judge Beverly B. Martin on 10/15/2007. (pdw) (Entered: 10/15/2007)

10/23/2007

  

Letter from Clerk re: LR83.1 Pro Hac Vice requirements sent to Daniel B. Rehns (jkm) (Entered: 10/23/2007)

11/06/2007

6 

APPLICATION for the Admission of Daniel B. Rehns Pro Hac Vice for plaintiff Johnny R. Adcock. Filing Fee received $150.00, Receipt #571096. (aaq) (Entered: 11/07/2007)

11/07/2007

7 

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 forwarded to Attorney Render Crayton Freeman regarding the 6 APPLICATION for Admission of Daniel B. Rehns Pro Hac Vice. (aaq) (Entered: 11/07/2007)

11/07/2007

  

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Daniel B. Rehns Pro Hac Vice. Attorney Daniel B. Rehns for Johnny R. Adcock added. (cdg) (Entered: 11/07/2007)

11/07/2007

  

ORDER (BY DOCKET ENTRY ONLY) approving 6 Application for Admission Pro Hac Vice by Daniel B. Rehns. Entered by Judge Beverly B. Martin on 11/07/2007. (pdw) (Entered: 11/07/2007)

11/19/2007

8 

MOTION to Consolidate Cases Motion of Robert A. Brown to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel with Brief In Support. (Attachments: # 1 Brief Memorandum of Law in Support of Robert A. Brown's Motion to Consolidate Related Actions, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel, # 2 Affidavit Declaration of Proposed Lead Counsel Berger & Montague, P.C. in Compliance with Local Rule 23.1(C)(5), # 3 Affidavit Declaration of Merrill G. Davidoff in Support of Robert A. Brown's Motion to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel, # 4 Exhibit Exhibit A to Declaration of Merrill G. Davidoff, # 5 Exhibit Exhibit B to Declaration of Merrill G. Davidoff, # 6 Exhibit Exhibit C to Declaration of Merrill G. Davidoff, # 7 Exhibit Exhibit D to Declaration of Merrill G. Davidoff, # 8 Text of Proposed Order Proposed Order Consolidating Related Cases, Appointing Lead Plaintiff and Approving Lead Plaintiff's Choice of Counsel)(Gorby, Michael) (Entered: 11/19/2007)

11/19/2007

9 

MOTION to Appoint Counsel and Approve of Lead Counsel, MOTION to Consolidate Cases with Brief In Support by Johnny R. Adcock. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Daniel Rehns)(Freeman, Render) (Entered: 11/19/2007)

11/19/2007

10 

Proposed Pretrial Order No. 1 by Johnny R. Adcock. (Freeman, Render) (Entered: 11/19/2007)

11/19/2007

11 

CERTIFICATE OF SERVICE re 10 Proposed Pretrial Order, 9 MOTION to Appoint Counsel and Approve of Lead Counsel MOTION to Consolidate Cases filed by Johnny R. Adcock (Freeman, Render) (Entered: 11/19/2007)

11/19/2007

12 

NOTICE of Appearance by Michael R. Smith on behalf of Douglas K. Freeman (Smith, Michael) (Entered: 11/19/2007)

11/19/2007

13 

MOTION to Consolidate Cases, MOTION to Appoint Counsel and to Appoint Individual Investors Group as Lead Plaintiffs with Brief In Support. (Attachments: # 1 Brief Memorandum of Law in Support of Motion, # 2 Declaration of Martin D. Chitwood, # 3 Text of Proposed Order Order Consolidating Related Actions and Appointing Lead Plaintiffs and Lead Counsel)(Chitwood, Martin) (Entered: 11/19/2007)

11/20/2007

14 

PROPOSED CONSENT ORDER. (Smith, Michael) (Entered: 11/20/2007)

11/28/2007

15 

NOTICE of Appearance by Michael R. Smith on behalf of Steven F. Herbert (Smith, Michael) (Entered: 11/28/2007)

11/28/2007

16 

PROPOSED CONSENT ORDER. (Smith, Michael) (Entered: 11/28/2007)

12/04/2007

17 

NOTICE of Appearance by Benjamin Aaron Lee on behalf of Steven F. Herbert, Douglas K. Freeman (Lee, Benjamin) (Entered: 12/04/2007)

12/05/2007

18 

Return of Service Executed by Johnny R. Adcock. Douglas K. Freeman served on 11/2/2007, answer due 11/23/2007. (Freeman, Render) (Entered: 12/05/2007)

12/06/2007

19 

NOTICE of Appearance by Robert Ware Killorin on behalf of Sajid Ali, Moris Simson, Nathan Topie (Killorin, Robert) (Entered: 12/06/2007)

12/06/2007

20 

NOTICE of Appearance by Michael Ryan Peacock on behalf of Sajid Ali, Moris Simson, Nathan Topie (Peacock, Michael) (Entered: 12/06/2007)

12/07/2007

21 

NOTICE of Appearance by Krissi T. Gore on behalf of Sajid Ali, Moris Simson, Nathan Topie (Gore, Krissi) (Entered: 12/07/2007)

12/07/2007

22 

APPLICATION for Admission of William B. Federman Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001445262)by Sajid Ali, Moris Simson, Nathan Topie. (Killorin, Robert) (Entered: 12/07/2007)

12/07/2007

23 

RESPONSE in Support re 13 MOTION to Consolidate Cases MOTION to Appoint Counsel and to Appoint Individual Investors Group as Lead Plaintiffs, 9 MOTION to Appoint Counsel and Approve of Lead Counsel MOTION to Consolidate Cases filed by Robert A. Brown. (Gorby, Michael) Modified on 12/12/2007 to correct text to more accurately reflect e-filed pleading and to correct double wording in docket text (sjk). (Entered: 12/07/2007)

12/07/2007

24 

RESPONSE re 13 MOTION to Consolidate Cases MOTION to Appoint Counsel and to Appoint Individual Investors Group as Lead Plaintiffs, 9 MOTION to Appoint Counsel and Approve of Lead Counsel MOTION to Consolidate Cases, 8 MOTION to Consolidate Cases Motion of Robert A. Brown to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel filed by Steven F. Herbert, Douglas K. Freeman. (Smith, Michael) (Entered: 12/07/2007)

12/07/2007

25 

RESPONSE in Support re 9 MOTION to Appoint Counsel and Approve of Lead Counsel MOTION to Consolidate Cases, 8 MOTION to Consolidate Cases Motion of Robert A. Brown to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel filed by Sajid Ali, Moris Simson, Nathan Topie. (Attachments: # 1 Exhibit 1 - OCA Order, # 2 Exhibit 2 - Carreker Order)(Chitwood, Martin) Modified on 12/12/2007 to correct text to more accurately reflect e-filed document and to correct double wording in docket text (sjk). (Entered: 12/07/2007)

12/10/2007

  

APPROVAL by Clerks Office re: 22 APPLICATION for Admission of William B. Federman Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001445262). Attorney William B. Federman for Johnny R. Adcock added. (cdg) (Entered: 12/10/2007)

12/18/2007

26 

APPLICATION for Admission of Merrill G. Davidoff Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001457767)by Robert A. Brown. (Gorby, Michael) (Entered: 12/18/2007)

12/18/2007

27 

APPLICATION for Admission of Michael C. Dell'Angelo Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001457811)by Robert A. Brown. (Gorby, Michael) (Entered: 12/18/2007)

12/18/2007

28 

APPLICATION for Admission of Lane L. Vines Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001457837)by Robert A. Brown. (Gorby, Michael) (Entered: 12/18/2007)

12/18/2007

  

APPROVAL by Clerks Office re: 27 APPLICATION for Admission of Michael C. Dell'Angelo Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001457811), 28 APPLICATION for Admission of Lane L. Vines Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001457837), 26 APPLICATION for Admission of Merrill G. Davidoff Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001457767). Attorney Lane L. Vines for Robert A. Brown, Michael C. Dell'Angelo for Robert A. Brown, Merrill G. Davidoff for Robert A. Brown added. (pb) (Entered: 12/18/2007)

12/21/2007

29 

REPLY BRIEF re 8 MOTION to Consolidate Cases Motion of Robert A. Brown to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel filed by Robert A. Brown. (Attachments: # 1 Exhibit Declaration of Robert A. Brown, # 2 Exhibit PLSRA Notices)(Gorby, Michael) (Entered: 12/21/2007)

12/26/2007

30 

REPLY BRIEF re 13 MOTION to Consolidate Cases MOTION to Appoint Counsel and to Appoint Individual Investors Group as Lead Plaintiffs in Further Support of the Individual Investors' Motion for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Lead Counsel, and in Further Opposition to Competing Motions filed by Sajid Ali, Moris Simson, Nathan Topie. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Gore, Krissi) (Entered: 12/26/2007)

01/04/2008

31 

PROPOSED CONSENT ORDER Proposed Consent Order. (Smith, Michael) (Entered: 01/04/2008)

01/07/2008

  

ORDER (BY DOCKET ENTRY ONLY) approving 22 Application for Admission Pro Hac Vice of William B. Federman; approving 26 Application for Admission Pro Hac Vice of Merrill G. Davidoff; approving 27 Application for Admission Pro Hac Vice Michael C. Dell'Angelo; approving 28 Application for Admission Pro Hac Vice of Lane L. Vines. Entered by Judge Beverly B. Martin on 1/07/2008. (pdw) (Entered: 01/07/2008)

01/09/2008

  

Submission of the 8 MOTION to Consolidate Cases Motion of Robert A. Brown to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel, 9 MOTION to Appoint Counsel and Approve of Lead Counsel MOTION to Consolidate Cases and 13 MOTION to Consolidate Cases MOTION to Appoint Counsel and to Appoint Individual Investors Group as Lead Plaintiffs to District Judge Beverly B. Martin. (aaq) (Entered: 01/09/2008)

04/21/2008

32 

ORDER granting 8 Motion of Robert A. Brown to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel, Lead Case Number 1:07-cv-2298-BBM; granting in part and denying in part 9 Motion to Appoint Counsel and Approve Lead Counsel, Motion to Consolidate Cases; granting in part and denying in part 13 Motion to Consolidate Cases, Motion to Appoint Counsel and to Appoint Individual Investors. Robert A. Brown is appointed lead plaintiff in this action, and Berger & Montague (together with Mr. Gorby as local counsel) is appointed lead counsel. In Vahdat v. NetBank, Inc., No. 07-cv-2631-BBM (N.D. Ga.), the Motion of Robert A. Brown to Consolidate Related Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counel (Doc. No. 2) is granted. The Motion of the Individual Investors for Consolidation, Appointment of Lead Plaintiffs and Approval of Lead Plaintiff's Selection of Lead Counsel (Doc. No. 3) is granted in part and denied in part. Signed by Judge Beverly B. Martin on 4/21/08. (ekb) (Entered: 04/22/2008)

05/09/2008

33 

Joint MOTION for Order Entry of Scheduling Order by Steven F. Herbert, Douglas K. Freeman, Robert A. Brown. (Attachments: # 1 Text of Proposed Order [Proposed] Consent Scheduling Order)(Gorby, Michael) (Entered: 05/09/2008)

05/19/2008

34 

CONSENT SCHEDULING ORDER signed by Judge Beverly B. Martin on 05/19/08. (aaq) (Entered: 05/19/2008)

07/03/2008

35 

AMENDED COMPLAINT against all defendants, filed by Robert A. Brown. (Attachments: # 1 Part 2, # 2 Part 3)(Davidoff, Merrill) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 07/03/2008)

08/12/2008

36 

Consent MOTION for Order Amending Scheduling Order by Steven F. Herbert. (Smith, Michael) (Entered: 08/12/2008)

08/21/2008

37 

ORDER granting the 36 Motion for Order to Amend Scheduling Order. (See order for specifics.) Signed by Judge Beverly B. Martin on 08/21/08. (aaq) (Entered: 08/22/2008)

09/10/2008

38 

DOCUMENT FILING ERROR. Joint MOTION for Order on Page Limits by Steven F. Herbert, Douglas K. Freeman. (Smith, Michael) Modified on 9/11/2008 (sjk). (Entered: 09/10/2008)

09/12/2008

39 

STIPULATION of Dismissal as to Defendant Catherine Ghiglieri by Robert A. Brown. (Gorby, Michael) (Entered: 09/12/2008)

09/15/2008

  

Clerk's Entry of Dismissal APPROVING 39 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(ii). (sjk) (Entered: 09/15/2008)

09/15/2008

40 

MOTION to Dismiss the Consolidated and Amended Class Action Complaint with Brief In Support by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr., Eula L. Adams and David W. Johnson, Jr. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Smith, Michael) Modified on 1/6/2009 to correct filing parties (fmm). (Entered: 09/15/2008)

10/07/2008

  

Submission of the 40 MOTION to Dismiss the Consolidated and Amended Class Action Complaint to District Judge Beverly B. Martin. (aaq) (Entered: 10/07/2008)

11/12/2008

41 

RESPONSE in Opposition re 40 MOTION to Dismiss the Consolidated and Amended Class Action Complaint filed by Robert A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Davidoff, Merrill) (Entered: 11/12/2008)

11/21/2008

  

Submission of the 40 MOTION to Dismiss the Consolidated and Amended Class Action Complaint to District Judge Beverly B. Martin. (aaq) (Entered: 11/21/2008)

12/02/2008

42 

Unopposed MOTION for Leave to File Excess Pages to Reply Brief in Support of Motion to Dismiss Plaintiff's Consolidated and Amended Class Action Complaint by Steven F. Herbert, Douglas K. Freeman. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 12/02/2008)

12/03/2008

43 

ORDER granting the 42 Motion for Leave to File Excess Pages. Defendants may file a reply brief of 20 pages in support of their Motion to Dismiss Plaintiffs Consolidated and Amended Class Action Complaint. Signed by Judge Beverly B. Martin on 12/03/08. (aaq) (Entered: 12/03/2008)

12/10/2008

44 

Unopposed MOTION for Extension of Time to file Defendants Consolidated Reply Brief in Support of Their Motion to Dismiss the Consolidated and Amended Class Action Complaint by Steven F. Herbert, Douglas K. Freeman. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 12/10/2008)

12/10/2008

45 

ORDER granting the defendants' 44 Motion for Extension of Time to 12/19/08 to file a consolidated Reply Brief. Signed by Judge Beverly B. Martin on 12/10/08. (aaq) (Entered: 12/10/2008)

12/19/2008

46 

REPLY BRIEF re 40 MOTION to Dismiss the Consolidated and Amended Class Action Complaint filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr., Eula L. Adams and David W. Johnson, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Smith, Michael) Modified on 1/6/2009 to correct filers (fmm). (Entered: 12/19/2008)

01/06/2009

  

Notification of Docket Correction re 40 MOTION to Dismiss the Consolidated and Amended Class Action Complaint and 46 Reply Brief. Docket text corrected to reflect appropriate filing parties. (fmm) (Entered: 01/06/2009)

01/29/2009

47 

ORDER denying the 40 Motion to Dismiss the Consolidated and Amended Class Action Complaint. In keeping with the Scheduling Order entered on May 19, 2008, Defendants will have 30 days from the date of this Order to file their Answer. However, the court AMENDS the Scheduling Order to provide that the 8-month discovery period in this case will begin effective on the date of this Order. This case was filed on September 19, 2007, and the court is aware of no reason why there should be further delay in beginning discovery. Discovery will end on September 28, 2009. Also, the parties are advised that the court will not grant any extensions of the 30 day deadline for Defendants to file their Answer. Signed by Judge Beverly B. Martin on 1/29/09. (aaq) (Entered: 01/29/2009)

01/29/2009

  

Discovery ends on 9/28/2009. (aaq) (Entered: 01/29/2009)

02/02/2009

48 

CERTIFICATE OF SERVICE of Defendants' First Interrogatories and First Requests for Production of Documents by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 02/02/2009)

02/12/2009

49 

CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests for Production and First Set of Interrogatories directed to defendant Eula L. Adams by Robert A. Brown.(Davidoff, Merrill) (Entered: 02/12/2009)

02/12/2009

50 

CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests for Production and First Set of Interrogatories directed to defendant Douglas K. Freeman by Robert A. Brown.(Davidoff, Merrill) (Entered: 02/12/2009)

02/12/2009

51 

CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests for Production and First Set of Interrogatories directed to defendant James P. Gross by Robert A. Brown.(Davidoff, Merrill) (Entered: 02/12/2009)

02/12/2009

52 

CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests for Production and First Set of Interrogatories directed to defendant Steven F. Herbert by Robert A. Brown.(Davidoff, Merrill) (Entered: 02/12/2009)

02/12/2009

53 

CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests for Production and First Set of Interrogatories directed to defendant David W. Johnson, Jr. by Robert A. Brown.(Davidoff, Merrill) (Entered: 02/12/2009)

02/12/2009

54 

CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests for Production and First Set of Interrogatories directed to defendant Thomas H. Muller, Jr. by Robert A. Brown.(Davidoff, Merrill) (Entered: 02/12/2009)

03/02/2009

55 

ANSWER to 35 Amended Complaint by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. Discovery ends on 11/27/2009.(Smith, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/02/2009)

03/04/2009

56 

CERTIFICATE OF SERVICE of Lead Plaintiff's Responses and Objections to Defendants' First Set of Interrogatories and Lead Plaintiff's Responses and Objections to Defendants' First Set of Requests for Production by Robert A. Brown. (Attachments: # 1 14 Point Certification)(Davidoff, Merrill) (Entered: 03/04/2009)

03/17/2009

57 

CERTIFICATE OF SERVICE of Defendant Eula L. Adams's Responses and Objections to Lead Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 03/17/2009)

03/17/2009

58 

CERTIFICATE OF SERVICE of Defendant Douglas K. Freeman's Responses and Objections to Lead Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 03/17/2009)

03/17/2009

59 

CERTIFICATE OF SERVICE of Defendant James P. Gross's Responses and Objections to Lead Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 03/17/2009)

03/17/2009

60 

CERTIFICATE OF SERVICE of Defendant Steven F. Herbert's Responses and Objections to Lead Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, David W. Johnson, Jr, Johnny R. Adcock, Robert A. Brown.(Lee, Benjamin) (Entered: 03/17/2009)

03/17/2009

61 

CERTIFICATE OF SERVICE of Defendant David W. Johnson's Responses and Objections to Lead Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 03/17/2009)

03/17/2009

62 

CERTIFICATE OF SERVICE of Defendant Thomas H. Muller's Responses and Objections to Lead Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 03/17/2009)

03/25/2009

63 

CERTIFICATE OF SERVICE (Non-Party PKM's responses and Objections to Plaintiffs' Subpoena for Production of Documents) by Porter Keadle Moore, LLP.(Cruser, Joseph) (Entered: 03/25/2009)

03/31/2009

64 

---DOCUMENT FILED IN ERROR--- STATUS REPORT /Joint Preliminary Report and Discovery Plan with Attached [Proposed] Consent Scheduling Order (Exhibit "A") and Certification by Robert A. Brown. (Davidoff, Merrill) Modified on 4/1/2009 to edit text. (aaq). (Entered: 03/31/2009)

03/31/2009

65 

(64) ---REDOCKETED AS--- PRELIMINARY REPORT AND DISCOVERY PLAN filed by Robert A. Brown. (aaq) (Entered: 04/01/2009)

04/01/2009

  

Notification of Docket Correction RE: 64 Status Report REDOCKETED CORRECTLY AT 65 Preliminary Report and Discovery Plan. (aaq) (Entered: 04/01/2009)

04/03/2009

66 

CERTIFICATE OF SERVICE of Defendants' Initial Disclosures by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 04/03/2009)

04/03/2009

67 

MOTION to Compel with Brief In Support by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Smith, Michael) (Entered: 04/03/2009)

04/17/2009

68 

MOTION to Certify Class by Robert A. Brown. (Attachments: # 1 Brief, # 2 Exhibit Exhibit A to Brief, # 3 Exhibit Exhibit B to Brief - Part 1, # 4 Exhibit Exhibit B to Brief - Part 2, # 5 Exhibit Exhibit B to Brief - Part 3, # 6 Exhibit Exhibit B to Brief - Part 4, # 7 Exhibit Exhibit B to Brief - Part 5, # 8 Exhibit Exhibit B to Brief - Part 6, # 9 Exhibit Exhibit B to Brief - Part 7, # 10 Exhibit Exhibit B to Brief - Part 8, # 11 Exhibit Exhibit B to Brief - Part 9, # 12 Exhibit Exhibit B to Brief - Part 10, # 13 Declaration of Michael Dell'Angelo in Support of Motion, # 14 Exhibit Exhibit A to Dell'Angelo Declaration, # 15 Exhibit Exhibit B to Dell'Angelo Declaration, # 16 Text of Proposed Order Proposed Order with Certification and Certificate of Service)(Davidoff, Merrill) (Entered: 04/17/2009)

04/17/2009

69 

RESPONSE in Opposition re 67 MOTION to Compel filed by Robert A. Brown. (Attachments: # 1 Certification, # 2 Certificate of Service)(Davidoff, Merrill) (Entered: 04/17/2009)

04/21/2009

  

Submission of the 67 MOTION to Compel to District Judge Beverly B. Martin. (aaq) (Entered: 04/21/2009)

04/28/2009

70 

REPLY BRIEF re 67 MOTION to Compel filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Smith, Michael) (Entered: 04/28/2009)

05/04/2009

71 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 05/04/2009)

05/04/2009

72 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 05/04/2009)

05/05/2009

  

Submission of the 68 MOTION to Certify Class to District Judge Beverly B. Martin. (aaq) (Entered: 05/05/2009)

05/07/2009

73 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 05/07/2009)

05/26/2009

74 

CONSENT SCHEDULING ORDER signed by Judge Beverly B. Martin on 05/26/09. (aaq) (Entered: 05/26/2009)

05/27/2009

75 

MOTION to Compel Responses to Plaintiff's First Set of Document Requests and Interrogatories with Brief In Support by Robert A. Brown. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B-Part 1, # 4 Exhibit B-Part 2, # 5 Exhibit C, # 6 Exhibit D-Part 1, # 7 Exhibit D-Part 2, # 8 Exhibit D-Part 3, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Text of Proposed Order)(Dell'Angelo, Michael) (Entered: 05/27/2009)

05/29/2009

76 

RESPONSE in Opposition re 68 MOTION to Certify Class filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Smith, Michael) (Entered: 05/29/2009)

06/03/2009

77 

CERTIFICATE OF SERVICE by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 06/03/2009)

06/08/2009

78 

MOTION to Exclude Opinions of Plaintiff's Expert R. Alan Miller with Brief In Support by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Brief, # 2 Exhibit A)(Smith, Michael) Modified on 4/8/2010 to update text re title of pleading (alc). (Entered: 06/08/2009)

06/10/2009

79 

RESPONSE in Opposition re 75 MOTION to Compel Responses to Plaintiff's First Set of Document Requests and Interrogatories filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr, Netbank, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Smith, Michael) (Entered: 06/10/2009)

06/12/2009

80 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 06/12/2009)

06/12/2009

81 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 06/12/2009)

06/12/2009

82 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 06/12/2009)

06/12/2009

83 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 06/12/2009)

06/12/2009

84 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 06/12/2009)

06/12/2009

85 

CERTIFICATE OF SERVICE by Robert A. Brown.(Gorby, Michael) (Entered: 06/12/2009)

06/17/2009

  

Submission of the 75 MOTION to Compel Responses to Plaintiff's First Set of Document Requests and Interrogatories to District Judge Beverly B. Martin. (aaq) (Entered: 06/17/2009)

06/17/2009

86 

PROPOSED CONSENT ORDER for Extending Time for Response to Defendants' Motion to Exclude Opinions of Plaintiff's Expert R. Alan Miller re: 78 MOTION for Order to Exclude Opinions of Plaintiff's Expert R. Alan Miller. (Dell'Angelo, Michael) (Entered: 06/17/2009)

06/18/2009

87 

ORDER setting a Daubert hearing as to Mr. Miller and his expert opinion for 7/30/2009 at 10:00 AM, in Courtroom 2308, before Judge Beverly B. Martin. In order to properly allocate the costs of such hearing, the court further ORDERS that, to the extent it excludes the testimony of Mr. Miller, all costs of producing him for the hearing will be borne by the Plaintiffs. If Mr. Millers testimony is not excluded, all costs of producing Mr. Miller for the hearing shall be borne by the Defendants. To the extent that neither side prevails entirely, the court will allocate the expenses of the hearing in keeping with the courts ruling, and as it deems appropriate. Signed by Judge Beverly B. Martin on 6/18/09. (ekb) (Entered: 06/18/2009)

06/18/2009

  

Daubert Hearing set for 7/30/2009 at 10:00 AM in ATLA Courtroom 2308 before Judge Beverly B. Martin. (ekb) (Entered: 06/18/2009)

06/18/2009

88 

NOTICE by Robert A. Brown re 87 Order,, of Conflict and Request for Rescheduling (Davidoff, Merrill) (Entered: 06/18/2009)

06/22/2009

89 

RESPONSE re 88 Notice of Conflict and Request for Rescheduling filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Smith, Michael) Modified on 6/22/2009 to correct docket text (ekb). (Entered: 06/22/2009)

06/23/2009

90 

PROPOSED CONSENT ORDER Extending Time for Lead Plaintiff's Reply in Further Support of the Motion for Class Certification. (Dell'Angelo, Michael) (Entered: 06/23/2009)

06/24/2009

91 

RESPONSE in Support re 75 MOTION to Compel Responses to Plaintiff's First Set of Document Requests and Interrogatories filed by Robert A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dell'Angelo, Michael) (Entered: 06/24/2009)

06/25/2009

92 

---DOCUMENT FILED IN ERROR--- RESPONSE in Support re 68 MOTION to Certify Class filed by Robert A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E - Part 1 of 2, # 6 Exhibit E - PART 2 OF 2, # 7 Exhibit F, # 8 Exhibit G)(Dell'Angelo, Michael) Modified on 6/26/2009 to edit text. (aaq). (Entered: 06/25/2009)

06/26/2009

93 

(92} ---REDOCKETED CORRECTLY AT --- 92 Response in Support of Motion, by Robert A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B - PART 1 OF 13, # 3 Exhibit B - PART 2 OF 13, # 4 Exhibit B - PART 3 OF 13, # 5 Exhibit B - PART 4 OF 13, # 6 Exhibit B - PART 5 OF 13, # 7 Exhibit B - PART 6 OF 13, # 8 Exhibit B - PART 7 OF 13, # 9 Exhibit B - PART 8 OF 13, # 10 Exhibit B - PART 9 OF 13, # 11 Exhibit B - PART 10 OF 13, # 12 Exhibit B - PART 11 OF 13, # 13 Exhibit B - PART 12 OF 13, # 14 Exhibit B - PART 13 OF 13, # 15 Exhibit C, # 16 Exhibit D, # 17 Exhibit E - PART 1 OF 2, # 18 Exhibit E - PART 2 OF 2, # 19 Exhibit F, # 20 Exhibit G)(Dell'Angelo, Michael) Modified on 6/26/2009 to edit text. (aaq). (Entered: 06/26/2009)

06/26/2009

94 

NOTICE Of Filing Correction to ECF Filing(s) by Robert A. Brown re 93 Redacted Document,,, (Attachments: # 1 Reply Memorandum of Law in Further Support of Plaintiff's Motion for Class Certification, # 2 Exhibit A, # 3 Exhibit B - Part 1 of 14, # 4 Exhibit B - Part 2 of 14, # 5 Exhibit B - Part 3 of 14, # 6 Exhibit B - Part 4 of 14, # 7 Exhibit B - Part 5 of 14, # 8 Exhibit B - Part 6 of 14, # 9 Exhibit B - Part 7 of 14, # 10 Exhibit B - Part 8 of 14, # 11 Exhibit B - Part 9 of 14, # 12 Exhibit B - Part 10 of 14, # 13 Exhibit B - Part 11 of 14, # 14 Exhibit B - Part 12 of 14, # 15 Exhibit B - Part 13 of 14, # 16 Exhibit B - Part 14 of 14, # 17 Exhibit C, # 18 Exhibit D, # 19 Exhibit E - Part 1 of 2, # 20 Exhibit E - Part 2 of 2, # 21 Exhibit F, # 22 Exhibit G)(Dell'Angelo, Michael) (Entered: 06/26/2009)

06/26/2009

95 

RESPONSE in Opposition re 78 MOTION for Order to Exclude Opinions of Plaintiff's Expert R. Alan Miller filed by Robert A. Brown. (Attachments: # 1 Exhibit A - Part 1 of 2, # 2 Exhibit A - Part 2 of 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Dell'Angelo, Michael) (Entered: 06/26/2009)

06/29/2009

  

Submission of 78 MOTION for Order to Exclude Opinions of Plaintiff's Expert R. Alan Miller to District Judge Beverly B. Martin. (aaq) (Entered: 06/29/2009)

06/29/2009

96 

NOTICE by Robert A. Brown re 95 Response in Opposition to Motion, 68 MOTION to Certify Class, 94 Notice of Filing,,, of Supplemental Authority in Further Support of the Motion for Class Certification and in Further Opposition to Defendants' Motion to Exclude Opinions of Plaintiff's Expert R. Alan Miller (Attachments: # 1 Attachment - Supplemental Authority)(Dell'Angelo, Michael) (Entered: 06/29/2009)

06/30/2009

97 

MOTION to Exclude the Opinions of Defendants' Expert, David I. Tabak, Ph.D., with Brief In Support by Robert A. Brown. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Davidoff, Merrill) Modified on 4/8/2010 to update text re title of pleading (alc). (Entered: 06/30/2009)

07/16/2009

98 

REPLY BRIEF re 78 MOTION for Order to Exclude Opinions of Plaintiff's Expert R. Alan Miller filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Smith, Michael) (Entered: 07/16/2009)

07/17/2009

99 

NOTICE OF CANCELLATION of Hearing re: 87 Order setting Daubert hearing for 7/30/09 at 10:00 a.m.; hearing cancelled until further notice. (pdw) (Entered: 07/17/2009)

07/20/2009

100 

RESPONSE in Opposition re 97 MOTION for Order to Exclude the Opinions of Defendants' Expert, David I. Tabak, Ph.D. filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Smith, Michael) (Entered: 07/20/2009)

07/23/2009

  

Submission of the 97 MOTION for Order to Exclude the Opinions of Defendants' Expert, David I. Tabak, Ph.D. submitted to District Judge Beverly B. Martin. (aaq) (Entered: 07/23/2009)

07/24/2009

101 

MOTION to Compel Responses to Plaintiff's Second Set of Document Requests and Second and Third Sets of Interrogatories with Brief In Support by Robert A. Brown. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Text of Proposed Order)(Dell'Angelo, Michael) (Entered: 07/24/2009)

07/31/2009

102 

CERTIFICATE OF SERVICE for Lead Plaintiff's Objections to Defendants' Second Set of Interrogatories by Robert A. Brown.(Vines, Lane) (Entered: 07/31/2009)

07/31/2009

103 

CERTIFICATE OF SERVICE for Lead Plaintiff's Responses and Objections to Defendants' Second Set of Requests for Production of Documents by Robert A. Brown.(Vines, Lane) (Entered: 07/31/2009)

08/03/2009

104 

MOTION for Leave to File Sur-Reply Memorandum in Opposition to Class Certification with Brief In Support by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Exhibit Proposed Sur-Reply Brief, # 2 Exhibit A, # 3 Exhibit B)(Smith, Michael) (Entered: 08/03/2009)

08/03/2009

105 

REPLY BRIEF re 97 MOTION for Order to Exclude the Opinions of Defendants' Expert, David I. Tabak, Ph.D. in Further Support filed by Robert A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dell'Angelo, Michael) (Entered: 08/03/2009)

08/07/2009

106 

ORDER granting 68 Motion to Certify Class; granting defendants' 67 Motion to Compel ; granting in part and denying in part Mr. Brown's 75 Motion to Compel; Defendants are hereby ORDERED to produce privileged documents logs, detailing their identification of privileged documents thus far, within ten (10) days of the date of this Order. No extensions of this time period will be granted. Granting 104 Motion for Leave to File a Sur-Reply. Discovery is set to conclude on September 28, 2009. Signed by Judge Beverly B. Martin on 8/7/2009. (vs) Modified on 8/7/2009 (vs). (Entered: 08/07/2009)

08/07/2009

107 

RESPONSE in Opposition re 101 MOTION to Compel Responses to Plaintiff's Second Set of Document Requests and Second and Third Sets of Interrogatories filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Exhibit 1)(Lee, Benjamin) (Entered: 08/07/2009)

08/11/2009

  

Submission of 101 MOTION to Compel Responses to Plaintiff's Second Set of Document Requests and Second and Third Sets of Interrogatories, submitted to District Judge Beverly B. Martin. (dfb) (Entered: 08/11/2009)

08/21/2009

108 

MOTION for Reconsideration re 106 Order on Motion for Class Certification, with Brief In Support by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B)(Smith, Michael) Modified on 4/8/2010 to clarify text (alc). (Entered: 08/21/2009)

08/21/2009

109 

---DOCUMENT FILED IN ERROR--- Consent MOTION to Stay the Case and for Extension of Certain Pretrial Deadlines with Brief In Support by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr, Robert A. Brown. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) Modified on 8/24/2009 to edit text. (aaq). (Entered: 08/21/2009)

08/21/2009

110 

REPLY BRIEF in Support re 101 MOTION to Compel Responses to Plaintiff's Second Set of Document Requests and Second and Third Sets of Interrogatories (Attachments: # 1 Exhibit A)(Dell'Angelo, Michael) Modified on 8/24/2009 to edit event. (aaq). (Entered: 08/21/2009)

08/21/2009

111 

CERTIFICATE OF SERVICE for Lead Plaintiff's Supplemental Responses to Interrogatory Nos. 1 to 7 of Defendants' First Interrogatories by Robert A. Brown.(Dell'Angelo, Michael) (Entered: 08/21/2009)

08/21/2009

112 

109 ---REDOCKETED AS A TWO-PART MOTION --- CONSENT MOTION to Stay the Case and MOTION for Extension of Certain Pretrial Deadlines filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Text of Proposed Order)(aaq) (Entered: 08/24/2009)

08/24/2009

  

Notification of Docket Correction RE: 109 Consent MOTION to Stay the Case and for Extension of Certain Pretrial Deadlines REDOCKETED AS A TWO-PART MOTION AT 112 MOTION to Stay the Case and MOTION for Extension of Certain Pretrial Deadlines. (aaq) (Entered: 08/24/2009)

08/24/2009

  

Notification of Docket Correction RE: 110 Response in Support of Motion CORRECTED TO REFLECT 110 REPLY BRIEF. (aaq) (Entered: 08/24/2009)

09/04/2009

113 

ORDER granting the 112 Motion to Stay and 112 Motion for Extension of Time. The Clerk is DIRECTED to ADMINISTRATIVELY TERMINATE this action together will all motions currently pending in this action. The Plaintiffs may move to reopen this action any time within 30 days of the conclusion of the mediation. If Plaintiffs choose to reopen this action, the pending motions will automatically be reactivated at that time. Signed by Judge Beverly B. Martin on 09/04/09. (aaq) (Entered: 09/04/2009)

09/04/2009

  

Civil Case Terminated. (aaq) (Entered: 09/04/2009)

09/09/2009

114 

CERTIFICATE OF SERVICE Responses & Objections to Plaintiffs' Subpoena for Production of Documents by Porter Keadle Moore, LLP.(Cruser, Joseph) (Entered: 09/09/2009)

09/25/2009

115 

MOTION to Reopen Case and for Rule 16 Conference with Brief In Support by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Smith, Michael) (Entered: 09/25/2009)

10/02/2009

116 

MOTION to Reopen Case and for Certain Relief, MOTION Special Depositions, Interrogatories 115 MOTION to Reopen Case and for Rule 16 Conference with Brief In Support by Robert A. Brown. (Attachments: # 1 Text of Proposed Order, # 2 Brief Memorandum of Law in Support of Motion and In Opposition to Defendants' Motion to Reopen, # 3 Exhibit 1-A, # 4 Exhibit 1-B, # 5 Exhibit 1-C, # 6 Exhibit 1-D, # 7 Exhibit 1-E, # 8 Exhibit 1-F, # 9 Exhibit 1-G, # 10 Exhibit 1-H, # 11 Exhibit 1-I, # 12 Exhibit 1-J, # 13 Exhibit 1-K, # 14 Exhibit 1-L, # 15 Exhibit 1-M, # 16 Exhibit 1-N, # 17 Exhibit 1-O, # 18 Exhibit 1-P, # 19 Exhibit 1-Q, # 20 Exhibit 2, # 21 Exhibit 3, # 22 Exhibit 4, # 23 Exhibit 5, # 24 Exhibit 6, # 25 Exhibit 7, # 26 Exhibit 8, # 27 Exhibit 9, # 28 Exhibit 10, # 29 Exhibit 11, # 30 Exhibit 12, # 31 Exhibit 13, # 32 Exhibit 14, # 33 Exhibit 15)(Dell'Angelo, Michael) (Entered: 10/02/2009)

10/05/2009

117 

MOTION for Leave to File under Seal the Transcript from the Parties' September 22, 2009 conference call by Robert A. Brown. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A ---FILED UNDER SEAL---). (dfb) (Entered: 10/06/2009)

10/14/2009

  

Submission of the 115 MOTION to Reopen Case and for Rule 16 Conference to District Judge Beverly B. Martin. (aaq) (Entered: 10/14/2009)

10/19/2009

  

Submission of the 113 Order and 116 MOTION to Reopen Case and MOTION Special Depositions to District Judge Beverly B. Martin. (aaq) (Entered: 10/19/2009)

10/20/2009

118 

RESPONSE re 116 MOTION to Reopen Case and for Certain Relief MOTION Special Depositions, Interrogatories 115 MOTION to Reopen Case and for Rule 16 Conference MOTION Special Depositions, Interrogatories filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Smith, Michael) Modified on 10/21/2009 to edit text. (aaq). (Entered: 10/20/2009)

10/26/2009

  

Submission of the 117 MOTION for Leave to File under seal the Transcript from the Parties' September 22, 2009 conference call to District Judge Beverly B. Martin. (aaq) (Entered: 10/26/2009)

11/03/2009

119 

REPLY BRIEF re 116 MOTION to Reopen Case and for Certain Relief MOTION Special Depositions, Interrogatories 115 MOTION to Reopen Case and for Rule 16 Conference MOTION Special Depositions, Interrogatories 115 MOTION to Reopen Case and for Rule 16 Conference MOTION Special Depositions, Interrogatories 115 MOTION to Reopen Case and for Rule 16 Conference MOTION Special Depositions, Interrogatories 115 MOTION to Reopen Case and for Rule 16 Conference filed by Robert A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dell'Angelo, Michael) (Entered: 11/03/2009)

11/13/2009

120 

CERTIFICATE OF SERVICE of Supplemental and Amended Responses and Objections of Defendant Eula L. Adams to Lead Plaintiff's Third Set of Interrogatories by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 11/13/2009)

02/24/2010

  

Case Reassigned to District Judge Willis B. Hunt, Jr. Judge Beverly B. Martin no longer assigned to case. (aaq) (Entered: 02/24/2010)

02/24/2010

  

Submission of the 113 Order, 116 MOTION to Reopen Case and for Certain Relief, 115 MOTION to Reopen Case and for Rule 16 Conference and 117 MOTION for Leave to File under seal the Transcript from the Parties' September 22, 2009 conference call to District Judge Willis B. Hunt. (aaq) (Entered: 02/24/2010)

02/24/2010

  

NOTICE TO ALL COUNSEL OF RECORD: This case was reassigned to the Honorable WILLIS B. HUNT from the Honorable Beverly B. Martin. The civil action number assigned to this case has been changed to 1:07-cv-2298-WBH (emphasis added to indicate change). Please make note of this change in order to facilitate the docketing of pleadings in this case. (pdw) (Entered: 02/24/2010)

03/09/2010

121 

ORDER OF RECUSAL. Judge Willis B. Hunt, Jr. recused. Case reassigned to Judge Timothy C. Batten, Sr. for all further proceedings. Signed by Judge Willis B. Hunt, Jr. on 03/09/2010. (rvb) (Entered: 03/10/2010)

03/10/2010

122 

Clerk's NOTICE To All Counsel of Record re Case Reassignment. (rvb) (Entered: 03/10/2010)

03/10/2010

  

Submission of 113 Order, 115 MOTION to Reopen Case and for Rule 16 Conference, 116 MOTION to Reopen Case and for Certain Relief, MOTION Special Depositions, Interrogatories 115 MOTION to Reopen Case and for Rule 16 Conference 117 MOTION for Leave to File under seal the Transcript from the Parties' September 22, 2009 conference call, submitted to District Judge Timothy C. Batten. (rvb) (Entered: 03/10/2010)

03/10/2010

123 

INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr. on 3/10/2010. (alc) (Entered: 03/10/2010)

03/29/2010

124 

ORDER GRANTING Lead Plaintiff Brown's 117 Motion for Leave to File under Seal the Transcript from the Parties' September 22, 2009 conference call. Signed by Judge Timothy C. Batten, Sr. on 3/29/2010. (alc) (Entered: 03/29/2010)

03/29/2010

125 

(FILED UNDER SEAL)     TRANSCRIPT of Conference Call between counsel held on September 22, 2009. (originally filed as Exhibit A to the 117 Motion for Leave to File Under Seal and filed pursuant to the 124 Order) (alc) (Entered: 03/29/2010)

03/29/2010

126 

ORDER GRANTING IN PART AND DENYING IN PART both Defendants' 115 Motion to Reopen Case and for Rule 16 Conference and Plaintiffs' 116 Motion to Reopen Case and for Certain Relief. The motions are GRANTED to the the extent the that they seek to reopen the case; the Parties are granted a period of 120 days from the entry of this Order in which to conduct discovery. The motions are DENIED WITHOUT PREJUDICE to the extent that they seek other relief from the Court. The Court will contact Parties' counsel to discuss discovery issues and motions that were pending when the case was administratively closed. Signed by Judge Timothy C. Batten, Sr. on 3/29/2010. (alc) (Entered: 03/29/2010)

03/29/2010

127 

NOTICE Of Filing of Class Plaintiffs' 128 Memorandum of Law in Opposition to Defendants' Motion for Reconsideration, filed by Robert A. Brown (Dell'Angelo, Michael) Modified on 3/30/2010 to add document link (alc). (Entered: 03/29/2010)

03/29/2010

128 

RESPONSE in Opposition re 108 MOTION for Reconsideration re 106 Order, filed by Robert A. Brown. (Dell'Angelo, Michael) Modified on 3/30/2010 to clarify text (alc). (Entered: 03/29/2010)

04/08/2010

  

Notification of Docket Correction re 78 MOTION to Exclude Opinions of Plaintiff's Expert R. Alan Miller, 97 MOTION to Exclude the Opinions of Defendants' Expert, David I. Tabak, Ph.D., 101 MOTION to Compel Responses to Plaintiff's Second Set of Document Requests and Second and Third Sets of Interrogatories, and 108 MOTION for Reconsideration re 106 Order on Motion for Class Certification: these motions have been reactivated per the direction of chambers. (alc) (Entered: 04/08/2010)

04/13/2010

  

NOTICE of Hearing: Status Conference set for 5/6/2010 at 09:30 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (jgs) (Entered: 04/13/2010)

04/14/2010

129 

NOTICE of Appearance by Mary Donne Peters on behalf of Robert A. Brown and the class. (Peters, Mary) Modified on 4/15/2010 to update text (alc). (Entered: 04/14/2010)

04/14/2010

130 

NOTICE of Appearance by Jeffrey D. Cooper on behalf of Robert A. Brown and the class. (Cooper, Jeffrey) Modified on 4/15/2010 to update text (alc). (Entered: 04/14/2010)

04/23/2010

131 

REPLY BRIEF re 108 MOTION for Reconsideration re 106 Order on Motion for Class Certification, filed by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr. (Smith, Michael) (Entered: 04/23/2010)

04/26/2010

  

Submission of 108 MOTION for Reconsideration re 106 Order on Motion for Class Certification, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 04/26/2010)

04/27/2010

132 

ORDER DENYING Defendants' 108 Motion for Reconsideration re Order on Motion for Class Certification and DENYING WITH LEAVE TO REFILE both Defendants' 78 Motion to Exclude Opinions of Plaintiff's Expert R. Alan Miller and Plaintiff's 97 Motion to Exclude the Opinions of Defendants' Expert. Signed by Judge Timothy C. Batten, Sr. on 4/27/2010. (alc) (Entered: 04/27/2010)

04/27/2010

  

Submission of 101 MOTION to Compel Responses to Plaintiff's Second Set of Document Requests and Second and Third Sets of Interrogatories, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 04/27/2010)

04/28/2010

133 

Second Amended Attachment A to Initial Disclosures by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr.(Lee, Benjamin) Modified on 4/30/2010 to update text re title of pleading (alc). (Entered: 04/28/2010)

05/05/2010

134 

CERTIFICATE OF SERVICE of the Second Amended Schedule "A" to Class Plaintiffs' Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) by Robert A. Brown.(Dell'Angelo, Michael) (Entered: 05/05/2010)

05/06/2010

135 

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Status Conference held on 5/6/2010. The Court heard from counsel and issued rulings regard discovery. Counsel are to prepare and submit a consent order for Judge Batten's signature regarding discovery schedule. Plaintiff will be submitting a proposed Class Notice. See transcript for details. (Court Reporter Elise Smith Evans)(alc) (Entered: 05/06/2010)

05/06/2010

136 

ORDER DIRECTING Iron Mountain Information Management, Inc. to comply with the subpoena issued by Plaintiffs on 3/30/2010. Plaintiffs shall serve a copy of this Order on Prentice Hall Corporation within 5 days of the date of this Order. Iron Mountain shall provide Plaintiffs access to all responsive documents within 7 days from the service to Prentice Hall Corporation, or show written cause why this Order should not issue and be enforced.Signed by Judge Timothy C. Batten, Sr. on 5/6/2010. (alc) (Entered: 05/06/2010)

05/06/2010

137 

ORDER DIRECTING the Federal Deposit Insurance Corporation to comply with the subpoena issued by Plaintiffs. Plaintiffs shall serve a copy of this Order on Andrea Fulton Toliver within 5 days of the date of this Order. The FDIC shall provide Plaintiffs access to all responsive documents within 7 days from the service to Andrea Fulton Toliver, or show written cause why this Order should not issue and be enforced. Signed by Judge Timothy C. Batten, Sr. on 5/6/2010. (alc) (Entered: 05/06/2010)

05/06/2010

138 

ORDER DIRECTING attorneys Daniel B. Rehns, Joel P. Laitman, Jay P. Saltzman, and Samuel P. Sporn to either comply with the CM/ECF registration requirement as required under Standing Order No. 04-01 or to SHOW CAUSE in writing on or before 5/28/2010 why they should be excused from this requirement. Any counsel not registered for electronic filing by 5/28/2010 shall be removed from this case. Signed by Judge Timothy C. Batten, Sr. on 5/6/2010. (alc) (Entered: 05/06/2010)

05/06/2010

  

Clerk's Certificate of Mailing as to attys Daniel B. Rehns, Joel P. Laitman, Jay P. Saltzman, and Samuel P. Sporn via certified mail re 138 Order. (alc) (Entered: 05/06/2010)

05/10/2010

139 

NOTICE of Appearance by Bethany Schneider on behalf of Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, Eula L. Adams, David W. Johnson, Jr (Schneider, Bethany) (Entered: 05/10/2010)

05/12/2010

140 

PROPOSED CONSENT ORDER regarding Discovery Schedule. (Smith, Michael) (Entered: 05/12/2010)

05/13/2010

141 

TRANSCRIPT of Status Conference Proceedings held on 5/6/2010, before Judge Timothy C. Batten, Sr. Court Reporter/Transcriber Elise Evans, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2010. Redacted Transcript Deadline set for 6/14/2010. Release of Transcript Restriction set for 8/11/2010. (Attachments: # 1 Notice of Filing Transcript) (ee) (Additional attachment(s) added on 5/14/2010: # 2 Verification of Financial Arrangements) (pjm). (Entered: 05/13/2010)

05/13/2010

142 

CONSENT SCHEDULING ORDER. Identification of subject matter areas for expert testimony to be completed no later than 12/15/2010; additional subject matter areas to be identified no later than 1/15/2011. Fact discovery shall be completed no later than 1/31/2011. Lead Plaintiff shall submit expert reports pursuant to FRCP 26(a)(2) no later than 2/21/2011; Defendants to submit their reports no later than 3/21/2011; Plaintiffs rebuttal expert reports due by 4/21/2011. Expert discovery shall be completed no later than 4/29/2011. Dispositive motions, except those made pursuant to FRCP 12, shall be filed on or before 6/17/2011. Signed by Judge Timothy C. Batten, Sr. on 5/13/2010. (alc) (Entered: 05/13/2010)

05/14/2010

143 

RESPONSE re 137 Order Directing the Federal Deposit Insurance Corporation to Comply with Subpoena, filed by Federal Deposit Insurance Corporation. (alc) (Entered: 05/17/2010)

05/17/2010

144 

CERTIFICATE OF SERVICE for Lead Plaintiffs Response to Defendants Second Set of Interrogatories by Robert A. Brown.(Vines, Lane) (Entered: 05/17/2010)

05/21/2010

145 

RESPONSE re Federal Deposit Insurance Corporation's 143 Response to the Order Directing the FDIC to Comply with Subpoena, filed by Robert A. Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1 of 2, # 3 Exhibit B - Part 2 of 2, # 4 Exhibit C, # 5 Exhibit D)(Vines, Lane) Modified on 5/24/2010 to update text (alc). (Entered: 05/21/2010)

05/21/2010

146 

PROPOSED ORDER to Compel the Federal Deposit Insurance Corporation to Produce and Provide Access to Documents Responsive to Plaintiff's Subpoena Duces Tecum re: 145 Response. (Vines, Lane) Modified on 5/24/2010 to remove duplicative text (alc). (Entered: 05/21/2010)

05/25/2010

147 

Certified Mail Returned Receipt as to Daniel B. Rehns, Joel P. Laitman, Jay P. Saltzman, and Samuel P. Sporn re 138 Order. (alc) (Entered: 05/26/2010)

06/07/2010

  

Submission of 138 Order, as attorneys Daniel B. Rehns, Joel P. Laitman, Jay P. Saltzman, and Samuel P. Sporn have failed to either comply with the CM/ECF registration requirement or to show cause, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 06/07/2010)

06/07/2010

148 

ORDER DIRECTING the Clerk to remove Daniel B. Rehns, Joel P. Laitman, Jay P. Saltzman, and Samuel P. Sporn from this case. Signed by Judge Timothy C. Batten, Sr. on 6/7/2010. (alc) (Entered: 06/07/2010)

06/07/2010

  

Clerk's Certificate of Mailing as to attys Daniel B. Rehns, Joel P. Laitman, Jay P. Saltzman, and Samuel P. Sporn re 148 Order. (alc) (Entered: 06/07/2010)

06/07/2010

149 

CERTIFICATE OF SERVICE of Supplemental Responses to Plaintiff's Second and Third Sets of Interrogatories by Steven F. Herbert, Douglas K. Freeman, James P. Gross, Thomas H. Muller, Jr, David W. Johnson, Jr.(Lee, Benjamin) (Entered: 06/07/2010)

06/08/2010

150 

CERTIFICATE OF SERVICE Supplemental Responses to Plaintiff's Second and Third Sets of Interrogatories by Eula L. Adams.(Lee, Benjamin) (Entered: 06/08/2010)

06/16/2010

151 

Certification of Consent to Substitution of Counsel. Robert J. Waddell, Jr replacing attorney Jacob A. Brown. (Waddell, Robert) (Entered: 06/16/2010)

07/21/2010

152 

Class Plaintiffs' REQUEST for Discovery Status Conference, filed by Robert A. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Dell'Angelo, Michael) Modified on 7/23/2010 to update text and activate motion (alc). (Entered: 07/21/2010)

07/23/2010

  

Notification of Docket Correction re 152 REQUEST for Discovery Status Conference: atty originally filed this request as a notice; the document has been activated as a motion by the Clerk. (alc) (Entered: 07/23/2010)

07/30/2010

153 

RESPONSE re 152 REQUEST for Discovery Status Conference filed by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Smith, Michael) (Entered: 07/30/2010)

08/04/2010

154 

CERTIFICATE OF SERVICE for Lead Plaintiff's Fourth Set of Document Requests for the Production of Documents to All Defendants by Robert A. Brown.(Dell'Angelo, Michael) (Entered: 08/04/2010)

08/04/2010

155 

MOTION for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures with Brief In Support by Robert A. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order, # 6 Text of Proposed Order)(Dell'Angelo, Michael) (Entered: 08/04/2010)

08/06/2010

156 

Amended Initial Disclosures filed by Robert A. Brown (Dell'Angelo, Michael) Modified on 8/9/2010 to correct filer information (fmm). (Entered: 08/06/2010)

08/13/2010

157 

REPLY BRIEF in Support re 152 REQUEST for Discovery Status Conference and Response to the Relief Sought in Defendants' Response to Class Plaintiffs Request for Discovery Conference, filed by Robert A. Brown. (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28)(Dell'Angelo, Michael) Modified on 8/16/2010 to correct text to accurately reflect e-filed pleading (alc). (Entered: 08/13/2010)

08/16/2010

  

Notification of Docket Correction re 157 : the docket text has been corrected to accurately reflect the e-filed pleading as REPLY BRIEF in Support re 152 Request for Discovery Status Conference and Response to the Relief Sought in Defendants' Response to Class Plaintiffs' Request for Discovery Conference, as filed by Robert A. Brown. (alc) (Entered: 08/16/2010)

08/16/2010

  

Submission of 152 REQUEST for Discovery Status Conference, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 08/16/2010)

08/19/2010

158 

MOTION for Leave to File Reply Memorandum in Support of Requested Discovery Relief with Brief In Support by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Attachments: # 1 Exhibit [Proposed] Reply Memorandum)(Smith, Michael) Modified on 8/20/2010 to update text re title of pleading (alc). (Entered: 08/19/2010)

08/23/2010

159 

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference held on 8/23/2010. Class Plaintiffs' 152 Request for Discovery Status Conference GRANTED. Lead Plaintiff's 155 Motion for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures GRANTED AS UNOPPOSED. Defendants' 158 Motion for Leave to File Reply Memorandum in Support of Requested Discovery Relief GRANTED IN PART AND DENIED IN PART. Defendants are to produce a detailed list of the documents on the hard drive which were withheld within 6 weeks from today. Plaintiff shall produce the investigator's notes by 8/25/2010 at 5:00 PM. Joint defendants shall submit the afreement for in camera review by 8/25/2010. (Court Reporter Elise Smith-Evans)(alc) (Entered: 08/23/2010)

08/23/2010

160 

RESPONSE in Opposition re 155 MOTION for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures filed by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Smith, Michael) (Entered: 08/23/2010)

08/30/2010

161 

TRANSCRIPT of Telephone Conference held on 8/23/2010, before Judge Timothy C. Batten, Sr. Court Reporter/Transcriber Elise Evans, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2010. Redacted Transcript Deadline set for 9/30/2010. Release of Transcript Restriction set for 11/29/2010. (Attachments: # 1 Notice of Filing Transcript) (ee) (Entered: 08/30/2010)

09/01/2010

162 

ORDER DIRECTING Defendants to produce a copy of the joint defense and common interest agreement to Plaintiffs' counsel on or before 9/3/2010. Signed by Judge Timothy C. Batten, Sr. on 9/1/2010. (alc) (Entered: 09/01/2010)

09/02/2010

163 

CERTIFICATE OF SERVICE of Defendants' Responses and Objections to Lead Plaintiff's Fourth Set of Requests for Production of Documents by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Lee, Benjamin) (Entered: 09/02/2010)

09/07/2010

164 

REPLY BRIEF re 155 MOTION for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures filed by Robert A. Brown. (Vines, Lane) (Entered: 09/07/2010)

09/10/2010

165 

NOTICE of Supplemental Authority in Further Support of Lead Plaintiffs' 155 Motion for Entry of an Order Approving Notice of Pendency of Class Action and Notice Procedures, filed by Robert A. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dell'Angelo, Michael) Modified on 9/13/2010 to correct document linkage (fap). (Entered: 09/10/2010)

09/10/2010

166 

ORDER of United States Court of Appeals- 11th Circuit DENYING the Appellant's petition for leave to appeal pursuant to Rule 23(f). USCA Case No. 10-90015-C. Associated Cases: 1:07-cv-02298-TCB, 1:07-cv-02631-BBM (pjm) Modified on 9/14/2010 to update text re type of petition (alc). (Entered: 09/14/2010)

09/14/2010

167 

RESPONSE re 165 Notice of Supplemental Authority in Further Support of Lead Plaintiffs' 155 Motion for Entry of an Order Approving Notice of Pendency of Class Action and Notice Procedures, filed by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Smith, Michael) Modified on 9/15/2010 to update text (alc). (Entered: 09/14/2010)

10/01/2010

168 

NOTICE of Appearance by Jonathan R. Chally on behalf of Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr (Chally, Jonathan) (Entered: 10/01/2010)

10/01/2010

169 

Supplemental RESPONSE in Opposition re 155 MOTION for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures filed by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Smith, Michael) Modified on 10/18/2010 to update text re title of pleading (alc). (Entered: 10/01/2010)

10/15/2010

170 

STRICKEN PER 172 ORDER     MOTION for Discovery Status Conference by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Smith, Michael) Modified on 10/18/2010 to indicate motion stricken (alc). (Entered: 10/15/2010)

10/15/2010

171 

REPLY to Defendant's Supplemental Response in Opposition re 155 MOTION for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures, filed by Robert A. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Dell'Angelo, Michael) Modified on 10/18/2010 to update text re title of pleading (alc). (Entered: 10/15/2010)

10/18/2010

172 

ORDER DENYING WITHOUT PREJUDICE Defendants' 170 Motion for Discovery Status Conference, and STRIKING it from the record for failure to comply with the 123 Instructions to Parties and Counsel. Defendants are ORDERED to email the Courtroom Deputy a 1 page summary of the discovery dispute and both parties are ORDERED to email the Courtroom Deputy with their availability for a telephone conference. Upon scheduling said conference, the Courtroom Deputy will notify Plaintiffs re their response to Defendants' email. Failure to comply with the Court's instructions in the future could result in the imposition of sanctions. Signed by Judge Timothy C. Batten, Sr. on 10/18/2010. (alc) (Entered: 10/18/2010)

10/20/2010

  

NOTICE of TELECONFERENCE Hearing: Hearing set for 10/22/2010 at 10:00 AM before Judge Timothy C. Batten Sr.(jgs) (Entered: 10/20/2010)

10/21/2010

173 

ORDER VACATING the Court's Order from the 159 Telephone Conference that granted as unopposed the Lead Plaintiff's 155 Motion for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures. The Court will issue a revised order after consideration of Defendants' opposition to this motion. Signed by Judge Timothy C. Batten, Sr. on 10/21/2010. (alc) (Entered: 10/21/2010)

10/21/2010

  

Submission of 155 MOTION for Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 10/21/2010)

10/21/2010

174 

ORDER GRANTING, with modifications as outlined, Lead Plaintiff's 155 Motion or Entry of An Order Approving Notice of Pendency of Class Action and Notice Procedures. Signed by Judge Timothy C. Batten, Sr. on 10/21/2010. (alc) (Entered: 10/21/2010)

10/21/2010

175 

ORDER to Compel Production of Certain Documents from SunTrust Bank and Computershare Investor Services, LLC. Plaintiffs shall serve a copy of this Order on the registered agent for SunTrust Bank and Computerhsare within 5 days of the date of this Order; said entities to comply within 30 days from such service or show cause why this Order should not issue and be enforced. Signed by Judge Timothy C. Batten, Sr. on 10/21/2010. (alc) (Entered: 10/21/2010)

10/22/2010

176 

TRANSCRIPT of Telephone Conference Proceedings held on 10/22/2010, before Judge Timothy C. Batten, Sr. Court Reporter/Transcriber Elise Evans, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2010. Redacted Transcript Deadline set for 11/22/2010. Release of Transcript Restriction set for 1/20/2011. (Attachments: # 1 Notice of Filing Transcript) (ee) (Additional attachment(s) added on 10/22/2010: # 2 Verification of Financial Arrangements) (pjm). (Entered: 10/22/2010)

10/22/2010

177 

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference held on 10/22/2010. The Court granted leave for the Parties to revisit the issue of the one-sided waiver. Plaintiffs may file a brief by Friday, 10/29/10; Defendants may file a response by Friday, 11/5/10 and Plaintiffs may reply by Friday, 11/12/10 - all briefs to be limited to no more than 10 pages. Parties are ordered to produce materials to the Court, for in camera inspection, by Wednesday, 10/27/10. (Court Reporter Elise Evans)(alc) (Entered: 10/22/2010)

10/27/2010

178 

NOTICE of Service of Subpoenas, filed by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Attachments: # 1 Subpoenas)(Smith, Michael) (Entered: 10/27/2010)

10/29/2010

179 

CERTIFICATE OF SERVICE of Contention Interrogatories by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Lee, Benjamin) (Entered: 10/29/2010)

10/29/2010

180 

MOTION to Compel Production of Defendants' Notes and Investigative Materials Concerning Communications With Certain Non-Party Witnesses with Brief In Support by Robert A. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Dell'Angelo, Michael) (Entered: 10/29/2010)

11/05/2010

181 

RESPONSE in Opposition re 180 MOTION to Compel Production of Defendants' Notes and Investigative Materials Concerning Communications With Certain Non-Party Witnesses filed by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Smith, Michael) (Entered: 11/05/2010)

11/05/2010

182 

Second Amended Schedule A to Class Plaintiffs' Second Amended Initial Disclosures re 156 Amended Initial Disclosures, filed by Robert A. Brown.(Dell'Angelo, Michael) Modified on 11/8/2010 to update text re title of pleading (alc). (Entered: 11/05/2010)

11/09/2010

183 

CERTIFICATE OF SERVICE for Lead Plaintiff's Fifth Set of Requests for the Production of Documents to Defendants Douglas K. Freeman, Thomas H. Muller, Jr., Steven F. Herbert, James P. Gross, and David W. Johnson, Jr. by Robert A. Brown.(Vines, Lane) (Entered: 11/09/2010)

11/12/2010

184 

CERTIFICATE OF SERVICE of Lead Plaintiff's Responses and Objections to Defendants' Third Requests for Production of Documents by Robert A. Brown.(Vines, Lane) (Entered: 11/12/2010)

11/12/2010

185 

REPLY BRIEF re 180 MOTION to Compel Production of Defendants' Notes and Investigative Materials Concerning Communications With Certain Non-Party Witnesses filed by Robert A. Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Dell'Angelo, Michael) (Entered: 11/12/2010)

11/15/2010

  

Submission of 180 MOTION to Compel Production of Defendants' Notes and Investigative Materials Concerning Communications With Certain Non-Party Witnesses, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 11/15/2010)

11/29/2010

186 

ORDER EXTENDING discovery by 90 days and EXTENDING the deadline for Plaintiffs to answer Defendants' contention interrogatories by 40 days. After consideration of the Parties' information regarding a discovery dispute, the Court Defendants are ORDERED not to depose any witness who is the subject of Plaintiffs' pending 180 Motion to Compel until that motion is adjudicated and if granted, any materials are produced. Signed by Judge Timothy C. Batten, Sr. on 11/29/2010. (acm) (Entered: 11/29/2010)

11/30/2010

187 

CERTIFICATE OF SERVICE of Defendants' Fourth Requests for Production of Documents by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Lee, Benjamin) (Entered: 11/30/2010)

12/03/2010

188 

CERTIFICATE OF SERVICE of Lead Plaintiff's Fifth Set of Requests for the Production of Documents to Defendant Eula L. Adams by Robert A. Brown.(Vines, Lane) (Entered: 12/03/2010)

12/06/2010

189 

Third Amended Attachment A to Defendants' Initial Disclosures by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) Modified on 12/7/2010 to update text re title of pleading (acm). (Entered: 12/06/2010)

12/07/2010

190 

ORDER regarding Plaintiff's 180 Motion to Compel and the production of Plaintiffs' investigative notes from their interviews with formerly confidential witnesses (FCW). Disclosure of Defendant's interview notes from communications with the FCWs is not required and work production protection is not waived as to Defendants' conversations with persons listed in Plaintiffs' initial disclosures. There are no additional documents that Plaintiffs must produce. Signed by Judge Timothy C. Batten, Sr. on 12/7/2010. (acm) (Entered: 12/07/2010)

12/10/2010

191 

ORDER regarding the discovery dispute concerning Defendants' third request for production of documents to Plaintiff. Signed by Judge Timothy C. Batten, Sr. on 12/10/2010. (acm) (Entered: 12/10/2010)

12/13/2010

192 

CERTIFICATE OF SERVICE of Defendants' Responses and Objections to Lead Plaintiff's Fifth Set of Requests for the Production of Documents to All Defendants by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) (Entered: 12/13/2010)

12/14/2010

193 

PROPOSED CONSENT ORDER [Proposed] Revised Consent Scheduling Order. (Lee, Benjamin) (Entered: 12/14/2010)

12/15/2010

194 

REVISED CONSENT SCHEDULING ORDER. Identification of subject matter areas for expert testimony to be completed no later than 3/15/2011; additional subject matter areas to be identified no later than 4/15/2011. Fact discovery shall be completed no later than 5/2/2011. Lead Plaintiff shall submit expert reports pursuant to FRCP 26(a)(2) no later than 5/23/2011; Defendants to submit their reports no later than 6/23/2011; Plaintiff's rebuttal expert reports due by 7/25/2011. Expert discovery shall be completed no later than 8/2/2011. Dispositive motions shall be filed on or before 9/16/2011. Signed by Judge Timothy C. Batten, Sr. on 12/15/2010. (acm) (Entered: 12/15/2010)

12/15/2010

195 

NOTICE of Compliance in Disseminating the Class Notice in Accordance with the Court's Order Dated October 21, 2010 by Robert A. Brown. (Attachments: # 1 Exhibit 1)(Vines, Lane) (Entered: 12/15/2010)

12/17/2010

196 

CERTIFICATE OF SERVICE of Defendants' Fifth Requests for Production of Documents and Defendants' First Requests for Admission by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) (Entered: 12/17/2010)

12/20/2010

197 

ORDER EXTENDING through 1/10/2011 the time within which Defendants may respond to Plaintiffs' contention interrogatories, after consideration of the attached summarized discovery dispute. This extension applies only to Plaintiffs' contention interrogatories, and not to Plaintiffs' other written discovery requests. Signed by Judge Timothy C. Batten, Sr. on 12/20/2010. (acm) (Entered: 12/20/2010)

01/06/2011

198 

Amended Initial Disclosures by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) (Entered: 01/06/2011)

01/06/2011

199 

CERTIFICATE OF SERVICE of Defendants' Responses and Objections to Lead Plaintiff's Fourth Set of Interrogatories and Defendants' Responses and Objections to Lead Plaintiff's Sixth Set of Requests for the Production of Documents by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) (Entered: 01/06/2011)

01/06/2011

200 

CERTIFICATE OF SERVICE of Defendant Eula L. Adams's Responses and Objections to Lead Plaintiff's Fifth Set of Requests for the Production of Documents by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) (Entered: 01/06/2011)

01/24/2011

201 

CERTIFICATE OF SERVICE for Lead Plaintiff's Responses to Defendants' First Requests for Admission by Robert A. Brown.(Dell'Angelo, Michael) (Entered: 01/24/2011)

01/24/2011

202 

CERTIFICATE OF SERVICE for Lead Plaintiff's Responses and Objections to Defendants' Fifth Requests for Production of Documents by Robert A. Brown.(Dell'Angelo, Michael) (Entered: 01/24/2011)

01/26/2011

  

NOTICE of TELECONFERENCE Hearing: Discovery Hearing set for 1/27/2011 at 09:45 AM before Judge Timothy C. Batten Sr. (jgs) (Entered: 01/26/2011)

01/27/2011

203 

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference held on 1/27/2011. The Court heard from counsel regarding the time extensions for taking of depositions. The Court made rulings and asked that Plaintiffs' counsel, Michael Dell'Angelo submit a proposed order after reviewing the transcript for the Court's signature. (Court Reporter Elise Smith Evans)(acm) (Entered: 01/27/2011)

01/28/2011

204 

TRANSCRIPT of Telephone Conference Proceedings held on 1/27/2011, before Judge Timothy C. Batten, Sr. Court Reporter/Transcriber Elise Evans, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/18/2011. Redacted Transcript Deadline set for 2/28/2011. Release of Transcript Restriction set for 4/28/2011. (Attachments: # 1 Notice of Filing Transcript) (ee) (Additional attachment(s) added on 1/31/2011: # 2 Verification of Financial Arrangements) (pjm). (Entered: 01/28/2011)

02/04/2011

205 

ORDER Regarding Deposition Issues as Discussed During the Court's 1/27/2011 203 Telephone Conference. Signed by Judge Timothy C. Batten, Sr. on 2/3/11. (pdw) (Entered: 02/04/2011)

02/07/2011

206 

NOTICE of Appearance by Cheri A. Grosvenor on behalf of Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr (Grosvenor, Cheri) (Entered: 02/07/2011)

02/23/2011

207 

Fifth Amended Attachment A to Defendants' Initial Disclosures by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) Modified on 2/24/2011 to update text re title of document (acm). (Entered: 02/23/2011)

02/28/2011

208 

Third Amended Schedule A to Second Amended Initial Disclosures by Robert A. Brown. (Vines, Lane) Modified on 3/1/2011 to update text re title of document (acm). (Entered: 02/28/2011)

03/10/2011

209 

APPLICATION for Admission of Charles P. Goodwin, Esq. Pro Hac Vice (Application fee $ 150, receipt number 113E-3185775)by Robert A. Brown. (Gorby, Michael) (Entered: 03/10/2011)

03/14/2011

210 

ORDER regarding a discovery dispute arising from Plaintiff's request for the documents selected by Defendants in preparation for the deposition of Susan Cromley. Defendant's objection to producing the documents is OVERRULED. Documents selected and compiled by Defendants' counsel to share with Cromley's attorney in anticipation of the deposition are ORDERED to be identified and produced unless the individual document standing alone is protected by a privilege. Signed by Judge Timothy C. Batten, Sr. on 3/14/2011. (acm) (Entered: 03/14/2011)

03/15/2011

  

RETURN of 209 APPLICATION for Admission of Charles P. Goodwin, Esq. Pro Hac Vice (Application fee $ 150, receipt number 113E-3185775) to attorney for correction. (cdg) (Entered: 03/15/2011)

03/25/2011

211 

NOTICE Of Filing Original Transcript of the Deposition of Robert A. Brown by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr (Chally, Jonathan) (Entered: 03/25/2011)

03/25/2011

212 

MOTION for Partial Summary Judgment with Brief In Support by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18)(Smith, Michael) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 03/25/2011)

03/25/2011

213 

DEPOSITION of Robert A. Brown taken on 04/27/2009, by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(rvb) (Entered: 03/28/2011)

03/29/2011

214 

APPLICATION for Admission of Charles P. Goodwin Pro Hac Vice by Robert A. Brown. (Gorby, Michael) (Entered: 03/29/2011)

03/31/2011

215 

CERTIFICATE OF SERVICE of Defendants' Joint Responses and Objections to Lead Plaintiff's Combined First Set of Requests for Admission and Second Set of Contention Interrogatories by Eula L. Adams, Douglas K. Freeman, James P. Gross, Steven F. Herbert, David W. Johnson, Jr, Thomas H. Muller, Jr.(Chally, Jonathan) (Entered: 03/31/2011)

04/04/2011

  

APPROVAL by Clerks Office re: 214 APPLICATION for Admission of Charles P. Goodwin Pro Hac Vice. Attorney Charles P. Goodwin added appearing on behalf of Robert A. Brown (cdg) (Entered: 04/04/2011)

04/04/2011

  

MINUTE ORDER granting 214 Application for Admission Pro Hac Vice of Charles P. Goodwin by CRD by direction of the Court. Approved by Judge Timothy C. Batten, Sr on 4/4/11. (jgs) (Entered: 04/04/2011)

04/11/2011

216 

ORDER STAYING CASE. All proceedings in this matter, excluding those related to the preliminary and final approval of the settlement and the administration thereof, are STAYED. On or before April 26, 2011, the parties shall: (a) submit the proposed terms of settlement and related matters for preliminary approval by the Court; or (b) propose a reasonable date certain by which such the proposed terms of settlement and any related matters shall be submitted for consideration by the Court. Signed by Judge Timothy C. Batten, Sr on 4/11/11. Associated Cases: 1:07-cv-02298-TCB, 1:07-cv-02631-BBM(hfm) (Entered: 04/11/2011)

04/27/2011

  

Submission of 216 Order Staying Case, submitted to District Judge Timothy C. Batten. (hfm) (Entered: 04/27/2011)

07/21/2011

217 

MOTION Unopposed Motion for Preliminary Approval of the Proposed Class Settlement and for Providing Notice to the Class with Brief In Support by Robert A. Brown. (Attachments: # 1 Brief, # 2 Declaration of Michael Dell'Angelo in Support, # 3 Exhibit 1 to Declaration of Michael Dell'Angelo in Support, # 4 Exhibit 2 to Declaration of Michael Dell'Angelo in Support, # 5 Text of Proposed Order)(Dell'Angelo, Michael) (Entered: 07/21/2011)

07/27/2011

218 

ORDER GRANTING 217 Unopposed Motion Preliminarily Approving the Class Settlement and for providing Notice to the Class. Signed by Judge Timothy C. Batten, Sr on 7/27/11. (jlm) (Entered: 07/27/2011)

07/27/2011

  

NOTICE of Hearing: Settlement Fairness Hearing set for Wednesday, 11/9/2011 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. (See 218 Order)(jlm) (Entered: 07/27/2011)

08/01/2011

219 

NOTICE by Robert A. Brown of Corrected and Updated Notices for Publication and Issuance to Class Members Regarding the Proposed Settlement (Attachments: # 1 Exhibit 1 - Corrected Printed Notice, # 2 Exhibit 2 - Corrected Summary Notice, # 3 Exhibit 3 - Corrected Claim Form)(Dell'Angelo, Michael) (Entered: 08/01/2011)

10/19/2011

220 

NOTICE by Robert A. Brown of Declaration of Michael Dell'Angelo Confirming Dissemination of Notice of the Proposed Settlement to Class Members (Attachments: # 1 Exhibit 1)(Dell'Angelo, Michael) (Entered: 10/19/2011)

10/26/2011

221 

MOTION for Final Approval of the Proposed Class Action Settlement and for an Order and Final Judgment with Brief In Support by Robert A. Brown. (Attachments: # 1 Text of Proposed Order Granting Final Approval of the Proposed Class Action Settlement, # 2 Text of Proposed Order Order and Final Judgment, # 3 Brief Consolidated Memorandum of Law in Support, # 4 Exhibit 1 to Consolidated Memorandum of Law in Support, # 5 Exhibit 2 to Consolidated Memorandum of Law in Support)(Dell'Angelo, Michael) (Entered: 10/26/2011)

10/26/2011

222 

MOTION for Final Approval of the Proposed Plan of Allocation with Brief In Support by Robert A. Brown. (Attachments: # 1 Text of Proposed Order Granting Final Approval of the Proposed Plan of Allocation, # 2 Brief Consolidated Memorandum of Law in Support, # 3 Exhibit 1 to Consolidated Memorandum of Law in Support, # 4 Exhibit 2 to Consolidated Memorandum of Law in Support)(Dell'Angelo, Michael) (Entered: 10/26/2011)

10/26/2011

223 

MOTION for an Award of Attorneys' Fees and Reimbursement of Costs and Expenses with Brief In Support by Robert A. Brown. (Attachments: # 1 Text of Proposed Order Awarding Plaintiff's Counsel Attorneys' Fees and Reimbursement of Costs and Expenses, # 2 Brief Consolidated Memorandum of Law in Support, # 3 Exhibit 1 to Consolidated Memorandum of Law in Support, # 4 Exhibit 2 to Consolidated Memorandum of Law in Support)(Dell'Angelo, Michael) (Entered: 10/26/2011)

10/26/2011

224 

MOTION for a Reimbursement Award [to Lead Plaintiff] for Costs and Expenses with Brief In Support by Robert A. Brown. (Attachments: # 1 Text of Proposed Order Awarding Lead Plaintiff Robert A. Brown Reimbursement of Costs and Expenses, # 2 Brief Consolidated Memorandum of Law in Support, # 3 Exhibit 1 to Consolidated Memorandum of Law in Support, # 4 Exhibit 2 to Consolidated Memorandum of Law in Support)(Dell'Angelo, Michael) (Entered: 10/26/2011)

10/27/2011

225 

NOTICE by Robert A. Brown re 223 MOTION for Attorney Fees, 224 MOTION for a Reimbursement Award [to Lead Plaintiff] for Costs and Expenses MOTION for a Reimbursement Award [to Lead Plaintiff] for Costs and Expenses, 221 MOTION for Final Approval of the Proposed Class Action Settlement and for an Order and Final Judgment, 222 MOTION for Final Approval of the Proposed Plan of Allocation (Attachments: # 1 Exhibit 1 to Notice of Correction to ECF Filings - Corrected Consolidated Memorandum of Law with Exhibits, # 2 Exhibit 2 to Notice of Correction to ECF Filings - Corrected Order Awarding Plaintiff's Counsel Attorneys' Fees and Reimbursement of Costs and Expenses)(Vines, Lane) (Entered: 10/27/2011)

11/09/2011

226 

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Motion Hearing held on 11/9/2011. Denying as moot 212 Motion for Partial Summary Judgment; granting 221 Motion for Miscellaneous Relief; granting 222 Motion for Miscellaneous Relief; granting 223 Motion for Attorney Fees; granting 224 Motion for Miscellaneous Relief. After review of pleadings, the Court approves the settlement. Written orders entered in open court. Entry of Order and Final Judgment closes this case. (Court Reporter Lori Burgess)(rsh) (Entered: 11/09/2011)

11/09/2011

227 

ORDER granting final approval of the Proposed Class Action Settlement. Without further order of the Court, settling parties may agree to reasonable extensions of time to carry out provisions of Stipulation and Settlement, including Plan of Allocation or processing of Proof of Claim and Release forms. Court retains jurisdiction over implementation of Stipulation and Settlement. See Order for further specific directives. Signed by Judge Timothy C. Batten, Sr on 11/9/11. (rsh) (Entered: 11/09/2011)

11/09/2011

228 

ORDER granting Final Approval of the Proposed Plan of Allocation. Without further order of the Court, the settling Parties may agree to reasonable extensions of time to carry out any of the provisions of the Stipulation and the Settlement, including the Plan of Allocation or the processing of Proof of Claim and Release forms. Court hereby retains continuing jurisdiction over the case as it progresses through Stipulation/Settlement. See Order for further specific directives. Signed by Judge Timothy C. Batten, Sr on 11/9/11. (rsh) (Entered: 11/09/2011)

11/09/2011

229 

CORRECTED ORDER awarding Plaintiff's Counsel Attorneys' Fees and Reimbursement of Costs and Expenses. See Order for specific directives. Signed by Judge Timothy C. Batten, Sr on 11/9/11. (rsh) (Entered: 11/09/2011)

11/09/2011

230 

ORDER AND FINAL JUDGMENT approving Stipulation and Agreement of Settlement. See Order and Final Judgment as to specific directives. Exclusive jurisdiction is hereby retained over Defendants, Defendants' Counsel, Lead Plaintiff, Plaintiff's Counsel, and the Class for all matters relating to or arising from this Action. Signed by Judge Timothy C. Batten, Sr on 11/9/11. (rsh) (Entered: 11/09/2011)

11/09/2011

  

Civil Case Terminated. (rsh) (Entered: 11/09/2011)

12/14/2011

231 

ORDER Awarding Lead Plaintiff Robert A. Brown Reimbursement of Costs and Expenses. See Order for Specific Directives. Signed by Judge Timothy C. Batten, Sr on 12/14/11. (rsh) (Entered: 12/14/2011)

 

 

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