CM/ECF - California Central District

12/13/11 8:18 AM

(SHx), DISCOVERY, LEADTR, MANADR, RELATED-G

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:06-cv-03731-GHK -SH
Jim Brown v. Brett C Brewer et al Assigned to: Judge George H. King Referred to: Magistrate Judge Stephen J. Hillman Lead case: 2:03-cv-05603-GHK-JTL Member case: (View Member Case) Cause: 28:1331 Fed. Question: Securities Violation Plaintiff Jim Brown individually and on behalf of all others similarly situated represented by Christy W Goodman Law Offices of Christy Goodman 3327 Dumas Street San Diego, CA 92106 619-793-8259 Fax: 619-758-0635 Email: c.w.goodman@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Darren J Robbins Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: e_file_sd@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED David T Wissbroecker Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: dwissbroecker@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed: 06/14/2006 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

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Molly Roff-Sheridan Goodman Sheridan and Roff 3327 Dumas Street San Diego, CA 92106 TERMINATED: 06/18/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramzi Abadou Kessler Topaz Meltzer & Check LLP 580 California Street, Suite 1750 San Francisco, CA 94104 415-400-3000 Fax: 415-400-3001 Email: rabadou@ktmc.com LEAD ATTORNEY Randall J Baron Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: randyb@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen J Oddo Robbins Umeda LLP 600 B Street Suite 1900 San Diego, CA 92101 619-525-3990 Fax: 615-525-3991 Email: soddo@robbinsumeda.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Ellen Anne Gusikoff Stewart Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Email: elleng@rgrdlaw.com ATTORNEY TO BE NOTICED Laurence M Rosen
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Rosen Law Firm PA 355 South Grand Avenue Suite 2450 Los Angeles, CA 90071 213-785-2610 Fax: 213-226-4684 Email: lrosen@rosenlegal.com Michael D Torpey Orrick Herrington and Sutcliffe The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 415-773-5700 Fax: 415-773-5759 Email: mtorpey@orrick.com TERMINATED: 08/04/2008 ATTORNEY TO BE NOTICED Plaintiff Brad Greenspan TERMINATED: 10/19/2010 represented by Brad Greenspan 264 South La Cienega Suite 1216 Beverly Hills, CA 90211 310-345-1983 PRO SE Laurence M Rosen (See above for address) V. Movant Brad Greenspan represented by Brad Greenspan (See above for address) PRO SE

V. Movant John Friedmann represented by George A Shohet George A Shohet Law Offices 245 Main Street Suite 310` Venice, CA 90291-5216 310-452-3176 Fax: 310-452-2270 Email: georgeshohet@gmail.com
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant Patty Pierce represented by George A Shohet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Brett C Brewer represented by Bety Javidzad Hogan Lovells US LLP 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 310-785-4600 Fax: 310-785-4601 Email: bety.javidzad@hoganlovells.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth A Moriarty Hogan Lovells US LLP 1999 Avenue of the Stars Ste 1400 Los Angeles, CA 90067 310-785-4600 Email: elizabeth.moriarty@hoganlovells.com LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer Orrick Herrington and Sutcliffe Orrick Building 405 Howard Street San Francisco, CA 94105-2669 415-773-5700 Fax: 415-773-5759 Email: jkramer@orrick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard Hogan Lovells LLP 1999 Avenue of the Stars Suite 1400
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Los Angeles, CA 90067 310-785-4600 Fax: 310-785-4601 Email: julie.shepard@hoganlovells.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer Latham & Watkins LLP 650 Town Center Drive 20th Floor Costa Mesa, CA 92626-1925 714-540-1235 Fax: 714-755-8290 Email: pamela.palmer@lw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto MALDEF 110 Broadway Street Suite 300 San Antonio, TX 78205 210-224-5476 Email: rebeccamcouto@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone Hogan Lovells US LLP 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 310-785-4600 Email: richard.stone@hoganlovells.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster Orrick Herrington and Sutcliffe Orrick Building 405 Howard Street San Francisco, CA 94105 415-773-5700 Email: sknaster@orrick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Asheley G Dean Hogan Lovells US LLP
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1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 310-785-4600 Fax: 310-785-4601 Email: asheley.dean@hoganlovells.com ATTORNEY TO BE NOTICED Defendant Daniel L Mosher represented by Bety Javidzad (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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CM/ECF - California Central District

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Asheley G Dean (See above for address) ATTORNEY TO BE NOTICED Defendant Lawrence Moreau represented by Bety Javidzad (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Asheley G Dean
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CM/ECF - California Central District

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(See above for address) ATTORNEY TO BE NOTICED Defendant Jeffrey Scott Edell represented by Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Bradley G Ward represented by Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant David S Carlick represented by Erin Bansal Orrick Herrington and Sutcliffe 405 Howard Street San Francisco, CA 94105 415-773-5937 LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - California Central District

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Michael D Torpey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Teodora Manolova Orrick Herrington & Sutcliffe LLP 777 South Figueroa Street Suite 3200 Los Angeles, CA 94105 213-612-2020 Fax: 213-612-2499 Email: tmanolova@orrick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Amy A Laughlin Orrick Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 415-773-5700 Fax: 415-773-5759 Email: alaughlin@orrick.com ATTORNEY TO BE NOTICED Defendant Andrew Sheehan represented by Erin Bansal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Torpey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Teodora Manolova (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Amy A Laughlin (See above for address) ATTORNEY TO BE NOTICED Defendant Christopher S Lipp TERMINATED: 08/28/2009 represented by Bety Javidzad (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Richard Rosenblatt represented by Bety Javidzad (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Asheley G Dean (See above for address) ATTORNEY TO BE NOTICED Defendant James Quandt represented by Bety Javidzad (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Asheley G Dean (See above for address) ATTORNEY TO BE NOTICED Defendant William Woodward represented by Bety Javidzad (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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CM/ECF - California Central District

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Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca M Couto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Asheley G Dean (See above for address) ATTORNEY TO BE NOTICED Defendant Vantagepoint Venture Partners TERMINATED: 06/10/2009 represented by Erin Bansal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Torpey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer
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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Teodora Manolova (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Montgomery & Co LLC represented by Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Thomas Weisel Partners Group Inc represented by Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Thomas Weisel Partners LLC represented by Elizabeth A Moriarty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie A Shepard (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Pamela S Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Lee Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Consol Defendant VP Alpha Holdings IV LLC, TERMINATED: 06/10/2009 represented by James N Kramer Orrick Herrington and Sutcliffe 405 Howard Street San Francisco, CA 94105-2669 415-773-5700 Fax: 415-773-5759 Email: jkramer@orrick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Torpey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster Orrick Herrington and Sutcliffe 405 Howard Street San Francisco, CA 94105 415-773-5700 Email: sknaster@orrick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Teodora Manolova (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Consol Defendant VP Alpha Holdings IV LLC, TERMINATED: 06/10/2009 represented by James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Torpey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Teodora Manolova (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Consol Defendant Vantagepoint Venture Partners IV LP TERMINATED: 06/10/2009 represented by James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Torpey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Teodora Manolova (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Consol Defendant Vantagepoint Venture Partners IV represented by James N Kramer
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CM/ECF - California Central District

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Principals Fund LP TERMINATED: 06/10/2009

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D Torpey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Teodora Manolova (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Objector Trafelet & Company, LLC represented by Eric M George Browne George Ross LLP 2121 Avenue of the Stars 24th Floor Los Angeles, CA 90067 310-274-7100 Fax: 310-275-5697 Email: egeorge@bgrfirm.com ATTORNEY TO BE NOTICED Michael A Bowse Browne George Ross LLP 2121 Avenue of the Stars Suite 2400 Los Angeles, CA 90067 310-274-7100 Fax: 310-275-5697 Email: mbowse@bgrfirm.com ATTORNEY TO BE NOTICED ThirdParty Defendant VantagePoint Venture represented by James N Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen M Knaster (See above for address) LEAD ATTORNEY
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ATTORNEY TO BE NOTICED Date Filed 12/06/2011 11/29/2011 # Docket Text

392 MOTION for Reconsideration filed by Brad Greenspan. (ir) (Entered: 12/08/2011) 391 MINUTE: (In Chambers) Order re: Plaintiff and Defendants' "Joint Motion to Strike Non-Party Brad Greenspan's 'Motions' (1) To Set Aside October 19, 2010 Order Dismissing Mr. Greenspan, (2) To Intervene, and (3) For Summary Judgment or Summary Adjudication" 368 : As such, there is a sufficient basis to strike the "Motion for Fraud Upon the Court 60B3" as untimely. In the alternative, Greenspan's "Motion for Fraud Upon the Court 60B3" is DENIED as untimely.Plaintiff and Defendants also argue that the remaining Greenspan Motions the "Motion to Intervene" and the "Motion for Summary Judgement or Adjudication" should be stricken because Greenspan is no longer a party to this action and thus lacks standing to file these Motions. We agree. As such, the Joint Motion is GRANTED and the pending Greenspan Motions are STRICKEN IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 11/30/2011) 390 REPLY in Support of MOTION to Strike Trafelet & Company's Proposal re Plan of Allocation Response (non-motion) 367 MOTION to Strike Trafelet & Company's Proposal re Plan of Allocation Response (non-motion) 367 372 filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 11/28/2011) 377 OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE TRAFELET'S PROPOSAL RE PLAN OF ALLOCATION OPPOSITION re: MOTION to Strike Trafelet & Company's Proposal re Plan of Allocation Response (non-motion) 367 MOTION to Strike Trafelet & Company's Proposal re Plan of Allocation Response (non-motion) 367 372 filed by Objector Trafelet & Company, LLC. (Attachments: # 1 Declaration of Michael A. Bowse, # 2 Exhibit A and POS)(Bowse, Michael) (Entered: 11/21/2011) 376 MINUTES: (In Chambers) Order re: (I) Proposed-Intervenor Brad Greenspan"s "Motion to Intervene"; "Motion for Fraud Upon the Court 60B3" 360 ; "Motion for Summary Judgement or Adjudication" (II) Plaintiff and Defendants' "Joint Motion to Strike Non-Party Brad Greenspan's 'Motions' (1) To Set Aside October 19, 2010 Order Dismissing Mr. Greenspan, (2) To Intervene, and (3) For Summary Judgement or Adjudication" 368 : The Greenspan Motions and the Joint Motion are hereby TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on December 5, 2011. Fed. R. Civ. P. 78; Local Rule 7-15. It islogical that we consider the Joint Motion before we consider the Greenspan Motions, and thus we will not issue any orders on the Greenspan Motions pending our decision on the Joint Motion. No appearance by counsel shall be necessary. The hearing dates are VACATED. Further briefing, if any, shall be filed in accordance with the Local Rules as if the noticed hearing dates had not been vacated. In light of this Order, Plaintiff and Defendants Joint Request to Shorten Time on Hearing the Parties' Joint Motion to Strike Non-Party Brad Greenspans "Motions" (1) To Set Aside October 19, 2010 Order Dismissing Greenspan, (2) To Intervene, and (3) For Summary
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CM/ECF - California Central District

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Judgement or Summary Adjudication 369 is DENIED. Mr. Greenspan's "Motion for Summary Judgement or Adjudication," "Memorandum of Points and Authorities in Support of Motion to Intervene," "Memorandum of Points and Authorities in Support of Motion for Relief From Judgment Under FRCP 60(b)," and "Notice of Errata," which havebeen received by the Court, but not filed, are hereby deemed filed as of the date they were received IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 11/16/2011) 11/15/2011 383 NOTICE OF ERRATA filed by Movant Brad Greenspan. correcting Memorandum in Support of Motion 380 , Memorandum in Support of Motion 361 , Memorandum in Support of Motion 363 , Memorandum in Support of Motion 379 (ir) (Entered: 11/21/2011) 375 MINUTES: (In Chambers) Order re: Motion to Strike Trafelet & Companys Proposal re Plan of Allocation or, in the Alternative, Response Thereto 372 : On the Courts own motion, Plaintiff Jim Browns (Plaintiff) Motion to Strike Trafelet & Companys Proposal re Plan of Allocation or, in the Alternative, Response Thereto (Motion), noticed for hearing on December 12, 2011, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on December 12, 2011. Fed. R. Civ. P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is VACATED. Further briefing, if any, shall be filed in accordance with the Local Rules as if the noticed hearing date had not been vacated. In light of this Order, Plaintiffs Request to Shorten Time on Hearing Plaintiffs Motion to Strike Trafelet & Companys Proposal re Plan of Allocation or, in the Alternative, Response Thereto 374 is DENIED IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 11/14/2011) 374 REQUEST for Order for Shorten Time on Hearing Plaintiff's Motion to Strike Trafelet & Company's Proposal re Plan of Allocation or, in the Alternative, Response Thereto filed by Plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Baron, Randall) (Entered: 11/07/2011) 373 MEMORANDUM in Support of MOTION to Strike Trafelet & Company's Proposal re Plan of Allocation Response (non-motion) 367 MOTION to Strike Trafelet & Company's Proposal re Plan of Allocation Response (non-motion) 367 372 filed by Plaintiff Jim Brown. (Baron, Randall) (Entered: 11/07/2011) 372 NOTICE OF MOTION AND MOTION to Strike Trafelet & Company's Proposal re Plan of Allocation Response (non-motion) 367 filed by Plaintiff Jim Brown. Motion set for hearing on 12/12/2011 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Baron, Randall) (Entered: 11/07/2011) 371 Proof OF SERVICE filed by Defendants Brett C Brewer, Jim Brown, David S Carlick, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan, William Woodward, re Joint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the
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11/14/2011

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11/07/2011

11/07/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary Adjudication 369 , Joint MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3 362 , Memorandum in Support of Motion 361 , MOTION to Intervene 360 , Memorandum in Support of Motion 363 Joint MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3 362 , Memorandum in Support of Motion 361 , MOTION to Intervene 360 , Memorandum in Support of Motion 363 Joint MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3 362 , Memorandum in Support of Motion 361 , MOTION to Intervene 360 , Memorandum in Support of Motion 363 368 served on 11-7-11. (Shepard, Julie) (Entered: 11/07/2011) 11/07/2011 370 Proof OF SERVICE filed by Defendants Brett C Brewer, Jim Brown, David S Carlick, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan, William Woodward, re Joint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary Adjudication 369 , Joint MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3 362 , Memorandum in Support of Motion 361 , MOTION to Intervene 360 , Memorandum in Support of Motion 363 Joint MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3 362 , Memorandum in Support of Motion 361 , MOTION to Intervene 360 , Memorandum in Support of Motion 363 Joint MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3 362 , Memorandum in Support of Motion 361 , MOTION to Intervene 360 , Memorandum in Support of Motion 363 368 served on 11-7-11. (Shepard, Julie) (Entered: 11/07/2011) 369 Joint REQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary Adjudication filed by Defendants Brett C Brewer, Jim Brown, David S Carlick, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan, William Woodward. Request set for hearing on 11/28/2011 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order [PROPOSED] ORDER SHORTENING TIME ON
Page 23 of 73

11/07/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

THE HEARING ON JOINT MOTION TO STRIKE NON-PARTY BRAD GREENSPANS MOTIONS (1) TO SET ASIDE OCTOBER 19, 2010 ORDER DISMISSING MR. GREENSPAN, (2) TO INTERVENE, AND (3) FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION)(Shepard, Julie) (Entered: 11/07/2011) 11/07/2011 368 NOTICE OF MOTION AND Joint MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3 362 , Memorandum in Support of Motion 361 , MOTION to Intervene 360 , Memorandum in Support of Motion 363 filed by Defendants Brett C Brewer, Jim Brown, David S Carlick, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan, William Woodward. Motion set for hearing on 12/5/2011 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order [PROPOSED] ORDER STRIKING NON-PARTY BRAD GREENSPANS MOTIONS (1) TO SET ASIDE OCTOBER 19, 2010 ORDER DISMISSING MR. GREENSPAN, (2) TO INTERVENE, AND (3) FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION)(Shepard, Julie) (Entered: 11/07/2011) 367 RESPONSE filed by Objector Trafelet & Company, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, 357 TRAFELET & COMPANY'S PROPOSAL RE PLAN OF ALLOCATION in response to 9.29.11 Minute Order (Bowse, Michael) (Entered: 10/31/2011) 359 DECLARATION re Memorandum of Points and Authorities in Support (non-motion) 358 Declaration of Randall J. Baron in Support of Plaintiff's Revised Plan of Allocation filed by Plaintiff Jim Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Baron, Randall) (Entered: 10/28/2011) 358 MEMORANDUM of Points and Authorities in Support filed by Plaintiff Jim Brown. Memorandum of Law in Support of Plaintiff's Revised Plan of Allocation (Baron, Randall) (Entered: 10/28/2011) 389 DECLARATION of Brad Greenspan (Exhibits Numbers 7-13) filed by Movant Brad Greenspan. (ir) (Entered: 11/22/2011) 388 DECLARATION of Brad Greenspan (Exhibits Numbers 1-6) filed by Movant Brad Greenspan. (ir) (Entered: 11/22/2011) 387 RULE 701 DECLARATION of Lay Witness and Damages Valuation filed by Movant Brad Greenspan. (ir) (Entered: 11/22/2011) 386 DECLARATION of Brad Greenspan filed by Movant Brad Greenspan. (Attachments: # 1 Part 2, # 2 Part 3)(ir) (Entered: 11/22/2011) 385 MEMORANDUM of Points and Authorities in Support of Motion to Intervene 360 filed by Movant Brad Greenspan. (ir) (Entered: 11/21/2011) 384 MEMORANDUM of Points and Authories in support of motion for relief from judgment under FRCP 60(b) 378 filed by Movant Brad Greenspan. (ir) (Entered:
Page 24 of 73

10/31/2011

10/28/2011

10/28/2011

10/25/2011 10/25/2011 10/25/2011 10/25/2011 10/25/2011 10/25/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

11/21/2011) 10/25/2011 382 DECLARATION of lay opinion testimony damages due class under Rule 701 by Brad D Greenspan, CEO, Director, Founder paid search division, Head of M&A thru 10/30/03 and only executive to have a completed a Google vs. Yahoo search auction. (ir) (Entered: 11/21/2011) 381 STATEMENT of Uncontroverted Facts 378 filed by Movant Brad Greenspan. (ir) (Entered: 11/21/2011) 380 MEMORANDUM of Points and Authorities in Support of Motion for Summary Judgment or Adjudication 378 filed by Movant Brad Greenspan. (ir) (Entered: 11/21/2011) 379 MEMORANDUM of Points and Authorities in Support of Motion for Summary Judgment or Adjudication 378 filed by Movant Brad Greenspan. (ir) (Entered: 11/21/2011) 378 MOTION for Summary Judgment or Adjudication filed by Movant Brad Greenspan. (ir) (Entered: 11/21/2011) 366 PROOF OF SERVICE filed by movant Brad Greenspan, served on 10/25/11. (bm) (Entered: 10/28/2011) 365 PROOF OF SERVICE filed by movant Brad Greenspan, served on 10/25/11. (bm) (Entered: 10/28/2011) 364 PROOF OF PERSONAL SERVICE filed by movant Brad Greenspan, served on 10/25/11. (bm) (Entered: 10/28/2011) 363 MEMORANDUM OF POINTS AND AUTHORITES In Support Of Motion For Relief From Judgment Under FRCP 60(b) filed by Movant Brad Greenspan. (Attachments: # 1 Part 2)(bm) (Entered: 10/28/2011) 362 NOTICE OF MOTION For Fraud Upon The Court 60B3 filed by movant Brad Greenspan. Motion set for hearing on 11/28/2011 at 09:30 AM before Judge George H. King. Lodged proposed order. (bm) (Entered: 10/28/2011) 361 MEMORANDUM OF POINTS AND AUTHORITIES In Support Of Motion To Intervene 360 filed by Movant Brad Greenspan. (bm) (Entered: 10/28/2011) 360 NOTICE OF MOTION AND MOTION to Intervene filed by movant Brad Greenspan. Motion set for hearing on 11/28/2011 at 09:30 AM before Judge George H. King. Lodged proposed order and 2 boxes of docs. (bm) (Entered: 10/28/2011) 357 MINUTE: (In Chambers) Order re: Joint Brief Regarding Trafelets Oral Objection to the Proposed Settlement 348 : Therefore, we REJECT the settlement insofar as the Plan of Allocation is not fair, adequate, and reasonable as presently constituted because it does not allow the Selling Members to share in the proceeds, but the Settlement Agreement requires them to release their claims.The Parties SHALL propose a new Plan of Allocation within thirty (30) days hereof, and we will consider it at that time. Even though we conclude that it cannot be said that the Selling
Page 25 of 73

10/25/2011 10/25/2011

10/25/2011

10/25/2011 10/25/2011 10/25/2011 10/25/2011 10/25/2011

10/25/2011

10/25/2011 10/25/2011

09/29/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

Members have no viable claim, we do not purport to suggest the realistic value of any claim they might have in light of any potential difficulties of proof of liability and/or damages. After reviewing the new plan, we will issue such other orders as may be appropriate IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 09/29/2011) 09/29/2011 356 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Request for Status Conference 353 . (ir) (Entered: 09/29/2011) 355 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Status Conference 353 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Requests-Order. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Request. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 09/22/2011) 354 DECLARATION re Miscellaneous Document 353 Declaration of Lara McDermott Regarding Claims Processing filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 09/21/2011) 353 Joint Request for Status Conference filed by Plaintiff Jim Brown (Gusikoff Stewart, Ellen) (Entered: 09/21/2011) 352 NOTICE of Change of Attorney Information for attorney Michael A Bowse counsel for Objector Trafelet & Company, LLC. Changing firm name to BROWNE GEORGE ROSS LLP. Changing email to mbowse@bgrfirm.com. Filed by Objector Trafelet & Company, LLC (Bowse, Michael) (Entered: 09/16/2011) 351 NOTICE OF FILING TRANSCRIPT filed for proceedings May 16, 2011; 9:41 a.m. (Rickey, Mary R.) (Entered: 09/06/2011) 350 TRANSCRIPT for proceedings held on May 16, 2011; 9:41 a.m. Court Reporter: Mary R. Rickey, mary.usdc@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/24/2011. Redacted Transcript Deadline set for 9/3/2011. Release of Transcript Restriction set for 11/1/2011. (Rickey, Mary R.) (Entered: 08/03/2011) 349 DECLARATION re Brief (non-motion non-appeal) 348 Declaration of Michael Joaquin re the 2009 and 2011 Notice Mailings filed by Plaintiff Jim Brown. (Baron, Randall) (Entered: 06/10/2011) 348 BRIEF filed by Plaintiff Jim Brown. Joint Brief Regarding Trafelet's Oral Objection to the Proposed Settlement (Attachments: # 1 Exhibit A)(Baron, Randall) (Entered: 06/10/2011)
Page 26 of 73

09/22/2011

09/21/2011

09/21/2011 09/16/2011

09/06/2011 08/03/2011

06/10/2011

06/10/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

06/09/2011 06/07/2011

347 DECLARATION of Jeff Faber in Support of Trafelet & Co., LLC's Arguments on Joint Brief filed by Objector Trafelet & Company, LLC. (bm) (Entered: 06/10/2011) 346 ORDER ON STIPULATION TO EXTEND Time For Filing Joint Brief From June 7, 2011 To June 10, 2011 by Judge George H. King, re Stipulation, 345 : Upon consideration of the Stipulation To Extend Time For Filing Joint Brief From June 7, 2011 To June 10, 2011 ("Joint Brief") filed by Plaintiff Jim Brown, Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Richard Rosenblatt, James Quandt, William Woodward, Andrew Sheehan and David Carlick, and Objector Trafelet & Company LLC, IT IS HEREBY ORDERED that the deadline for filing the Joint Brief shall be extended three day from June 7, 2011 to June 10, 2011. (bm) (Entered: 06/08/2011) 345 Second STIPULATION for Extension of Time to File Joint Brief from June 7, 2011 to June 10, 2011 filed by Defendant Brett C Brewer. (Attachments: # 1 [Proposed] Order on Stipulation to Extend Time For Filing Joint Brief from June 7, 2011 to June 10, 2011)(Shepard, Julie) (Entered: 06/06/2011) 344 ORDER ON STIPULATION TO EXTEND Time For Filing Joint Brief by Judge George H. King, re Stipulation 343 : Upon consideration of the Stipulation To Extend Time For Filing Joint Brief ("Joint Brief") filed by Plaintiff Jim Brown, Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Richard Rosenblatt, James Quandt, William Woodward, Andrew Sheehan and David Carlick, and Objector Trafelet & Company LLC, IT IS HEREBY ORDERED that the deadline for filing the Joint Brief shall be extended one week from May 31, 2011 to June 7, 2011. (bm) (Entered: 05/27/2011) 343 Joint STIPULATION for Extension of Time to File Joint Brief filed by Defendants Brett C Brewer. (Attachments: # 1 Proposed Order to Extend Time for Filing Joint Brief)(Shepard, Julie) (Entered: 05/25/2011) 342 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King: The Declaration of Jeff Faber in support of Application for leave to file motion to Intervene received on 5/16/11 is NOT to be filed, but instead REJECTED and is ORDERED TO BE returned to counsel. Denial based on: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies; Local Rule 6.1 Written notice of motion lacking or timeliness of notice incorrect; Lacking Application, Order, Motion. (ir) (Entered: 05/19/2011) 341 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING Reply Memorandum in support of Objector and Motion to Intervene to add new matters and claims for benefit of class submitted by Plaintiff Brad Greenspan received on 5/13/11 is not to be filed but instead rejected. Denial based on: Local Rule 6.1 Written notice of motion lacking or timeliness of notice incorrect; FRCP 5(d) No Proof of service attached to documents; Party is terminated, No Proposed Order. (ir) (Entered: 05/19/2011) 340 MINUTES: MOTION BY PLAINTIFF FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS; AND AWARD OF ATTORNEYS FEESAND EXPENSES 329 :
Page 27 of 73

06/06/2011

05/27/2011

05/25/2011

05/17/2011

05/17/2011

05/16/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

Matter called. Counsel for the parties are present. Also present are counsel for objectors Trafelte Co., and David Wollin. The court hears from all counsel, and directs further briefing. Counsel shall meet and confer in person, and file a joint brief on the issues in the manner as directed by the Court on the record by no later than May 31, 2011. The matter will be taken under submission. The Court will issue such orders as deemed appropriate IT IS SO ORDERED by Judge George H. King Court Reporter: Mary Riordan Rickey. (ir) (Entered: 05/18/2011) 05/02/2011 339 DECLARATION of Michael Joaquin in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 Supplemental Declaration of Michael Joaquin Regarding Mailing the Notice of Settlement of Class Action and the Proof of Claim and Release Form filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 05/02/2011) 338 RESPONSE IN SUPPORT of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 filed by Plaintiff Jim Brown. (Attachments: # 1 Proposed Order Judgment, # 2 Proposed Order Approving Plan of Allocation of Settlement Proceeds, # 3 Proposed Order Awarding Plaintiff's Lead Counsel's Attorneys' Fees and Expenses)(Gusikoff Stewart, Ellen) (Entered: 05/02/2011) 337 DECLARATION of Christy Goodman, on Behalf of Law Offices of Christy Goodman in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 336 DECLARATION of George A. Shohet, on Behalf of Law Offices of George A. Shohet, a Professional Corporation in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 335 DECLARATION of Ellen Gusikoff Stewart, on Behalf of Robbins Geller Rudman & Dowd LLP in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 filed by Plaintiff Jim Brown. (Attachments: # 1 Exhibit A, Part 1 of 2, # 2 Exhibit A, Part 2 of 2)(Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 334 DECLARATION of Michael Joaquin, on Behalf of Gilardi & Co. LLC in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 333 DECLARATION of Randall J. Baron in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011)
Page 28 of 73

05/02/2011

03/21/2011

03/21/2011

03/21/2011

03/21/2011

03/21/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

03/21/2011

332 SUPPLEMENT to MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 [Compendium of Unreported Authorities] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 331 MEMORANDUM in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 [FEE BRIEF] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 330 MEMORANDUM in Support of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees and Expenses 329 [SETTLEMENT BRIEF] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 329 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds, MOTION for Attorney Fees and Expenses filed by Plaintiff Jim Brown. Motion set for hearing on 5/16/2011 at 09:30 AM before Judge George H. King. (Gusikoff Stewart, Ellen) (Entered: 03/21/2011) 328 ORDER PRELIMINARY APPROVING SETTLEMENT 326 by Judge George H. King: Plaintiff's Lead Counsel is authorized to act on behalf of the Class with respect to all act required by, or which may be undertaken. The Court does hereby preliminary approve the Stipulation and the settlement set forth therein, subject to further consideration at the Settlement Hearing. A Hearing (Settlement hearing) shall be held before this Court on 5/16/11 at 9:30 am. (See document for further specific details). (ir) (Entered: 02/17/2011) 327 MINUTE: (In Chambers) Order re: Preliminary Approval of Class Settlement: The Court has reviewed the Parties filings and approve them subject to two minor changes. First, in 1.7 of the Amended Stipulation of Settlement, the sentence on lines 12-14 should end with the words requested exclusion. The Parties shall delete the last part of the sentence, on lines 13-14, whichreads or timely and validly request exclusion in accordance with the requirements set forth in the Notice. Second, in the Notice in 19 on line 22, there is a missing close parenthesis after September 30, 2005 and before and briefs. The Parties are directed to correct these errors prior to giving the Notice we approved. The Court made two edits to the Parties [Proposed] Order. First, in 9, the Court deleted ninety (90) days from the Notice Date and inserted June 22, 2011. Second, in 16, the Court edited 2.6 and 2.7 of the Stipulation to read 3.6 and 3.7 of the Stipulation. IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 02/17/2011) 326 Amended STIPULATION for Settlement filed by Plaintiff Jim Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Gusikoff Stewart, Ellen) (Entered: 02/07/2011) 325 NOTICE OF LODGING filed re MOTION for Settlement Approval of Preliminary Approval of Settlement 318 (Attachments: # 1 Letter to Judge King, # 2 Proposed Order Preliminarily Approving Settlement)(Gusikoff Stewart, Ellen) (Entered:
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03/21/2011

03/21/2011

03/21/2011

02/17/2011

02/17/2011

02/07/2011

02/07/2011

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

02/07/2011) 02/02/2011 323 MINUTE: (In Chambers) Order re: In Camera Filing and Schedule: The Court has reviewed the in camera filing. We accept the Parties justification for maintaining the confidentiality of this Supplemental Agreement. The Parties are ORDERED to file edited versions of their filings by February 10, 2011. They shall also file a list advising the Court of all edits. As mentioned at the hearing, in the new version provided to the Court, the Parties shall delete mention of the Supplemental Agreement in 11.1 of the Stipulation IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 02/02/2011) 324 MINUTES OF Motion by Plaintiff for Preliminary Approval of Settlement; 318 held before Judge George H. King: Matter called. Parties are present. The Court and counsel confer regarding the "Notice" and sets date for counsel. Counsel shall lodge in camera with the court the supplemental agreement within seven (7) days. The Court having heard from counsel, takes the above motion under submission. Court Reporter: Mary Rickey. (lw) (Entered: 02/03/2011) 322 NOTICE of Manual Filing filed by Defendant Brett C Brewer of Confidential Supplemental Agreement. (Shepard, Julie) (Entered: 01/31/2011) 321 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS: ORDER by Clerk of Court by Beatrice Herrera, Clerk to Judge King: The document is accepted as filed. RE: Stipulation of Settlement 317 (lw) (Entered: 12/29/2010) 320 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation of Settlement 317 . The following error(s) was found: Incorrect event selected. The correct event is: Stipulations-Settlement. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 12/28/2010) 319 MEMORANDUM in Support of MOTION for Settlement Approval of Preliminary Approval of Settlement 318 filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen) (Entered: 12/27/2010) 318 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Settlement filed by Plaintiff Jim Brown. Motion set for hearing on 1/31/2011 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Gusikoff Stewart, Ellen) (Entered: 12/27/2010) 317 SETTLEMENT AGREEMENT Stipulation of Settlement filed by Plaintiff Jim Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Gusikoff Stewart, Ellen) (Entered: 12/23/2010) 316 JOINT REPORT of REGARDING SETTLEMENT filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. (Moriarty, Elizabeth) (Entered: 10/27/2010)
Page 30 of 73

01/31/2011

01/31/2011 12/29/2010

12/28/2010

12/27/2010

12/27/2010

12/23/2010

10/27/2010

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

10/19/2010

315 MINUTE: (In Chambers) Order re: Defendants Motion to Dismiss Brad Greenspan 300 302 is hereby GRANTED, and Plaintiff Greenspan is DISMISSED from this action IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 10/19/2010) 314 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Courtroom Deputy Clerk of George H. King: In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents REGARDING: Non-Opposition to Motion 312 . The document is accepted as filed. (jp) (Entered: 10/13/2010) 313 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Non-Opposition to Motion 312 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related DocumentsNon-Opposition to Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 10/05/2010) 312 NOTICE of Greenspan's Non-Opposition to Motion to Dismiss Greenspan and Request for Ruling filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. (Moriarty, Elizabeth) (Entered: 10/04/2010) 311 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Notice of Change of Attorney Information (G-06) 308 . The docket shall reflect the title of the document in the text. (ir) (Entered: 09/24/2010) 310 MINUTES: (In Chambers) Order re: Request for Continuance: Greenspans request 306 307 is hereby DENIED as moot, as Greenspan already has more than the time requested to file his Opposition. Finally, we note that in our September 8, 2010 Order, we ordered The Rosen Law Firm, P.A. to file proof of service of the Order within seven days and likewise file the last known address andtelephone number for Greenspan to enable opposing counsel and the Court to communicate with Greenspan while he is proceeding pro se. As of yet, no proof of service has been filed. Although the aforementioned requests from Greenspan do indicate that Greenspan is aware of the withdrawal, The Rosen Law Firm, P.A. is nonetheless ORDERED to comply with the Courts September 8, 2010 Orderand to file a proof of service. Failure to do so will result in appropriate sanctions IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 09/21/2010) 309 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) 308 . The following error(s) was found: Other error(s) with document(s) are specified below. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) (Entered: 09/21/2010) 308 NOTICE OF CHANGE OF ATTORNEY INFORMATION: Adding Amy A
Page 31 of 73

10/12/2010

10/05/2010

10/04/2010

09/24/2010

09/21/2010

09/20/2010

09/20/2010

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

Laughlin of Orrick, Herrington & Sutcliffe LLP added.(Laughlin, Amy) Modified on 9/24/2010 (ir). (Entered: 09/20/2010) 09/16/2010 09/10/2010 09/10/2010 09/09/2010 307 REQUEST FOR CONTINUANCE filed by plaintiff Brad Greenspan. (bm) (Entered: 09/20/2010) 306 REQUEST FOR CONTINUANCE filed by plaintiff Brad Greenspan. (bm) (Entered: 09/14/2010) 305 NOTICE of Appearance filed by plaintiff Brad Greenspan. (bm) (Entered: 09/14/2010) 304 MINUTES: (In Chambers) Order re: Motion to Withdraw as Counsel of Record 296 : The Motion to Withdraw is hereby GRANTED. The Rosen Law Firm, P.A. is allowed to withdraw as counsel for Greenspan contingent upon serving this Order upon Greenspan. Upon service of this Order, Greenspan SHALL be considered in pro se status unless and until, upon proper motions, the Court authorizes theappearance of counsel on his behalf. Greenspan SHALL comply will all orders and rules of this Court. Rosen SHALL file proof of service of this Order on Greenspan within seven (7) days hereof, and SHALL at that time file with the Court the last known address and telephone number for Greenspan to enable opposing counsel and the Court to communicate with Greenspan while he is proceeding pro se. Additionally, Rosen SHALL serve Greenspan with copies of Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Richard Rosenblatt, James Quandt, and William Woodwards Motion to Dismiss Greenspans Breach of Fiduciary Duty, § 14(a), § 20(a) claims, filed August 10, 2010 300 , and Joinder to that Motion filed by Defendants David Carlick and Andrew Sheehan, also filed August 10, 2010 302 . Rosen SHALL file with this Court within seven (7) days hereof proof of serving this Motion and Joinder upon Greenspan. To give Greenspan an opportunity to file his Opposition to the Motion, the hearing set for this matter on October 4, 2010 is hereby TAKEN OFF CALENDAR and the hearing date is VACATED. Greenspan SHALL file any Opposition no laterthan September 27, 2010. Defendants SHALL file their Reply no later than October 4, 2010. This matter will then be taken under submission without oral argument IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 09/09/2010) 303 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission 296 Motion to Withdraw as Attorney: On the court's own motion, Motion for leave to withdraw as counsel for Brad Greenspan 296 , noticed for hearing on September 13, 2010, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm) (Entered: 09/03/2010) 302 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Putative Plaintiff Brad Greenspan 300 JOINDER IN INDIVIDUAL INTERMIX DEFENDANTS' MOTION TO DISMISS THE BREACH OF FIDUCIARY DUTY, SECTIONS 14(a) AND 20(a) CLAIMS UNDER FRCP 12 (b)(6) AS TO BRAD
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CM/ECF - California Central District

12/13/11 8:18 AM

GREENSPAN filed by Defendants David S Carlick, Andrew Sheehan. Motion set for hearing on 10/4/2010 at 09:30 AM before Judge George H. King. (Knaster, Stephen) (Entered: 08/10/2010) 08/10/2010 301 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Putative Plaintiff Brad Greenspan 300 filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Javidzad, Bety) (Entered: 08/10/2010) 300 NOTICE OF MOTION AND MOTION to Dismiss Putative Plaintiff Brad Greenspan filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. Motion set for hearing on 10/4/2010 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss Breach of Fiduciary Duty, Section 14(A) and Section 20(A) Claims Under FRCP 12(B)(6) as to Brad Greenspan)(Javidzad, Bety) (Entered: 08/10/2010) 299 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 297 by Clerk of Court that document is accepted as filed. Other: The Record shall reflect that the docket text shall indicate the propoer document. RE: Joint Report Regarding Briefing Schedule 295 . (bm) (Entered: 08/06/2010) 298 ORDER ON JOINT REPORT REGARDING BRIEFING SCHEDULE by Judge George H. King: Upon consideration of the Parties' Joint Report Regarding Briefing Schedule, IT IS HEREBY ORDERED that: 1) Defendants shall file their opening motion on Tuesday, August 10, 2010; 2) Mr. Greenspan shall file any opposition on Tuesday, September 7, 2010; and 3) Defendants shall file any reply on Friday, September 17, 2010. (bm) (Entered: 08/04/2010) 297 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Regarding Briefing Schedule 295 . The following error(s) was found: Incorrect document is attached to the docket entry. Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Miscellaneous Filings (Non-Motion)-Report. Other error(s) with document(s): Docket entry text does not match caption of attached document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 08/04/2010) 296 NOTICE OF MOTION AND MOTION of Laurence Rosen, Rosen Law Firm, P.A. to Withdraw as Attorney filed by class member Brad Greenspan. Motion set for hearing on 9/13/2010 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration Declaration of L. Rosen, # 2 Proposed Order Proposed Order Granting Motion to Withdraw)(Rosen, Laurence) (Entered: 08/02/2010) 295 Joint Report Regarding Briefing Schedule filed by Defendants Brett C Brewer,
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CM/ECF - California Central District

12/13/11 8:18 AM

Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. (Attachments: # 1 Proposed Order On Joint Report Regarding Briefing Schedule)(Javidzad, Bety) Modified on 8/6/2010 (bm). (Entered: 08/02/2010) 07/21/2010 294 MINUTES OF IN CHAMBERS ORDER re: Joint Status Report Regarding Further Mediation held before Judge George H. King: Accordingly, counsel for Plaintiff, Defendants, and Greenspan SHALL meet and confer pursuant to Local Rule 7-3 regarding the substance of any motion to exclude Greenspan from the class, and SHALL file a joint stipulation regarding the agreed-upon briefing schedule within ten (10) days hereof. (see document for further details) (bm) (Entered: 07/21/2010) 293 ORDER by Judge George H. King, re Stipulation allowing Late filing of Notice of Appearance of Brad Greenspan 285 . Brad Greenspan shall be allowed to file a notice of appearance and to appear in the instant action after the deadline previously set by the Court. (ir) (Entered: 07/16/2010) 292 STATUS REPORT (Joint) Regarding Further Mediation filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. (Javidzad, Bety) (Entered: 07/16/2010) 291 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 287 by Clerk of Court that the document is stricken. Counsel has since filed a corrected document. RE: Certificate of Service 286 . (bm) (Entered: 07/08/2010) 290 CERTIFICATE OF SERVICE filed by plaintiff Brad Greenspan, re Errata 288 , Stipulation to Waive 285 , Notice of Lodging 289 served on 07/06/10 and 07/08/10. (Rosen, Laurence) (Entered: 07/08/2010) 289 NOTICE OF LODGING filed Proposed Order re Stipulation to Waive 285 (Attachments: # 1 Corrected [Proposed] Order)(Rosen, Laurence) (Entered: 07/08/2010) 288 NOTICE OF ERRATA filed by Plaintiff Brad Greenspan. correcting Stipulation to Waive 285 (Rosen, Laurence) (Entered: 07/08/2010) 287 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Certificate of Service 286 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 07/07/2010) 286 CERTIFICATE OF SERVICE filed by plaintiff Brad Greenspan, re Stipulation to Waive 285 served on 07/06/10. (Rosen, Laurence) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 7/8/10, DOCUMENT 291 .*** Modified on 7/8/2010 (bm). (Entered: 07/06/2010) 285 Joint STIPULATION to Waive Late Appearance Notice of Appearance 280 filed by Plaintiff-Class Member Brad Greenspan. (Attachments: # 1 Proposed Order Granting stipulation re: late appearance)(Rosen, Laurence) (Entered: 07/06/2010)
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06/23/2010

284 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The document is accepted as filed. RE: Notice of Change of Firm Affiliation 279 (lw) (Entered: 06/23/2010) 283 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed document: The document is accepted as filed RE: Notice to Change of Firm 279 (ir) (Entered: 06/23/2010) 282 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 279 . The following error(s) was found: Account information (new firm name and address) was not updated in the ECF system. Your account information must be updated immediately by going to Utilities - Maintain Your Address or Maintain Your E-mail Address. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vh) (Entered: 06/18/2010) 281 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Firm 279 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Change of Attorney Information (G-06). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 06/18/2010) 280 Third Party NOTICE of Appearance filed by attorney Laurence M Rosen on behalf of Plaintiff Jim Brown (Rosen, Laurence) (Entered: 06/18/2010) 279 NOTICE Notice of Change of Firm Affiliation and Withdrawal of Attorney filed by Plaintiff Jim Brown. (Goodman, Christy) (Entered: 06/17/2010) 278 MINUTES: (In Chambers) Order re Cross-Motions for Summary Judgment 213 218 244 251 261 : Plaintiffs Motion for Summary Judgment is DENIED. Defendants Motion for Summary Judgment is hereby GRANTED in part and DENIED in part as set forth in this Order. Within thirty (30) days hereof, counsel SHALL file a joint status report setting forth their views regarding further mediation in light of these rulings IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 06/17/2010) 277 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King: Rejecting Notice of Appearance filed by proposed plaintiff Brad Greenspan. (bm) (Entered: 06/14/2010) 276 NOTICE of Change of Attorney Information for attorney Richard Lee Stone counsel for Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. Changing firm name to Hogan Lovells US LLP. Changing e-mail to richard.stone@hoganlovells.com. Filed by defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Richard Rosenblatt, James Quandt, William Woodward (Stone, Richard) (Entered: 05/04/2010)
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CM/ECF - California Central District

12/13/11 8:18 AM

05/04/2010

275 NOTICE of Change of Attorney Information for attorney Elizabeth A Moriarty counsel for Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. Filed by defendant Elizabeth A. Moriarty (Moriarty, Elizabeth) (Entered: 05/04/2010) 274 NOTICE of Change of Attorney Information for attorney Julie A Shepard counsel for Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. Changing Firm Name and Email addresses to Hogan Lovells US LLP. Changing Email to julie.shepard@hoganlovells.com. Filed by Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Richard Rosenblatt, James Quandt, and William Woodward (Shepard, Julie) (Entered: 05/04/2010) 273 NOTICE of Firm Name Change filed by Plaintiff Jim Brown. (Baron, Randall) (Entered: 03/25/2010) 272 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission 261 Motion to Strike: On the court's own motion, Plaintiff's Motion to Strike Defendant's Motion for Summary Judgment 261 , noticed for hearing on February 22, 2010, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm) (Entered: 02/18/2010) 271 RESPONSE filed by Plaintiff Jim Brown Plaintiff's Response to Defendants' Notice of Recent Authority (Baron, Randall) (Entered: 02/11/2010) 270 REPLY in support MOTION to Strike Defendants' Summary Judgment Motion MOTION for Summary Judgment 213 MOTION to Strike Defendants' Summary Judgment Motion MOTION for Summary Judgment 213 261 filed by Plaintiff Jim Brown. (Baron, Randall) (Entered: 02/08/2010) 269 RESPONSE IN SUPPORT of MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 Corrected Reply Brief filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Javidzad, Bety) (Entered: 02/03/2010) 268 NOTICE OF ERRATA filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. correcting Reply (Motion related), Reply (Motion related) 262 (Javidzad, Bety) (Entered: 02/03/2010) 267 NOTICE OF RECENT AUTHORITY filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit 1)(Javidzad, Bety) (Entered: 02/01/2010) 266 Defendants' Opposition to Plaintiff's Motion to Strike Defendants' Summary Judgment Motion; Memorandum of Points and Authorities in Support Thereof Opposition to re: MOTION to Strike Defendants' Summary Judgment Motion
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CM/ECF - California Central District

12/13/11 8:18 AM

MOTION for Summary Judgment 213 MOTION to Strike Defendants' Summary Judgment Motion MOTION for Summary Judgment 213 261 filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Declaration of Elizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Motion to Strike Defendants' Summary Judgment Motion)(Javidzad, Bety) (Entered: 02/01/2010) 01/20/2010 265 MINUTES (IN CHAMBERS): ORDER; On the court's own motion, Defendants Motion to Exclude the Opinions and Testimony of G. Williams Kennedy 244 , and Plaintiffs Motion to Strike Defendants Motion to Exclude 251 , noticed for hearing on January 25, 2010, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 01/20/2010) 264 DEFENDANTS' SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF G. WILLIAM KENNEDY re MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth) (Entered: 01/15/2010) 263 DECLARATION of Elizabeth A. Moriarty in support of MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 (Supplemental) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit 1-7)(Moriarty, Elizabeth) (Entered: 01/15/2010) 262 REPLY Support MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth) (Entered: 01/15/2010) 261 NOTICE OF MOTION AND MOTION to Strike Defendants' Summary Judgment Motion MOTION for Summary Judgment 213 filed by Plaintiff Jim Brown. Motion set for hearing on 2/22/2010 at 09:30 AM before Judge George H. King. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Baron, Randall) (Entered: 01/11/2010) 260 REPLY support of motion MOTION to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 251 filed by Plaintiff Jim Brown. (Attachments: # 1 Declaration of Randall J. Baron, # 2 Baron Decl., Ex. A, # 3 Baron Decl., Ex. B, # 4 Baron Decl., Ex. C, # 5 Baron Decl., Ex. D, # 6 Baron Decl., Ex. E, # 7 Baron Decl., Ex. F)(Baron, Randall) (Entered: 01/11/2010) 259 NOTICE of Appearance filed by attorney George A Shohet on behalf of Movants John Friedmann, Patty Pierce (mg) (Entered: 01/06/2010)

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258 OPPOSITION to MOTION to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 251 (Corrected) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth) (Entered: 01/04/2010) 257 NOTICE OF ERRATA filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. correcting Response in Opposition to Motion,, 256 (Moriarty, Elizabeth) (Entered: 01/04/2010) 256 OPPOSITION to MOTION to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 251 filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Declaration of Elizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Motion to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy, # 2 Exhibit 1-7, # 3 Declaration of Bradford Cornell in Support of Defendants' Opposition to Plaintiff's Motion to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy)(Moriarty, Elizabeth) (Entered: 01/04/2010) 255 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is stricken. Counsel has since filed a corrected document (doc. # 254) RE: MEMORANDUM in Opposition to Motion 250 (ir) (Entered: 12/28/2009) 254 MEMORANDUM in Opposition to MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 Plaintiff's Corrected Opposition to Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy filed by Plaintiff Jim Brown. (Attachments: # 1 Declaration of Dr. G. William Kennedy, # 2 Declaration of Randall J. Baron, # 3 Baron Decl. Ex. 1, # 4 Baron Decl. Ex. 2, # 5 Baron Decl. Ex. 3, # 6 Baron Decl. Ex. 4, # 7 Baron Decl. Ex. 5, # 8 Baron Decl. Ex. 6, # 9 Baron Decl. Ex. 7, # 10 Baron Decl. Ex. 8)(Baron, Randall) (Entered: 12/23/2009) 253 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: violation of Local Rule 11-8 Menmorandum/brief exceeding 10 pages shall contain table of contents RE: MEMORANDUM in Opposition to Motion,, 250 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 12/23/2009) 252 MEMORANDUM in Support of MOTION to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 251 filed by Plaintiff Jim Brown. (Baron, Randall) (Entered: 12/22/2009) 251 NOTICE OF MOTION AND MOTION to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy filed by Plaintiff Jim Brown. Motion set for hearing on 1/25/2010 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order, # 2 Declaration of Randall J. Baron, # 3 Baron Decl., Ex. 1, # 4 Baron Decl., Ex. 2, # 5 Baron Decl., Ex. 3, # 6 Baron Decl., Ex. 4, # 7 Baron Decl., Ex. 5)(Baron, Randall) (Entered: 12/22/2009)
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12/22/2009

250 MEMORANDUM in Opposition to MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 filed by Plaintiff Jim Brown. (Attachments: # 1 Declaration Declaration of G. William Kennedy, # 2 Declaration Declaration of Randall J. Baron, # 3 Baron Decl., Ex. 1, # 4 Baron Decl., Ex. 2, # 5 Baron Decl., Ex. 3, # 6 Baron Decl., Ex. 4, # 7 Baron Decl., Ex. 5, # 8 Baron Decl., Ex. 6, # 9 Baron Decl., Ex. 7, # 10 Baron Decl., Ex. 8)(Baron, Randall) *STRICKEN PURSUANT TO RESPONSE BY COURT FILED 12/28/09** Modified on 12/28/2009 (ir). (Entered: 12/22/2009) 249 ORDER ON STIPULATION RE CONTINUATION OF HEARING DATE AND BRIEFING SCHEDULE ON MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF G. WILLIAM KENNEDY FILED BY DEFENDANTS by Judge George H. King: IT IS HEREBY ORDERED that: 1) Plaintiff Jim Brown ("Plaintiff") may depose Bradford Cornell on the narrow topic of his declaration submitted in support of the Motion to Exclude, on December 15, 2009; 2) Defendants may depose G. William Kennedy on the narrow topic of any declaration he submits in Opposition to the Motion to Exclude, on January 8, 2010; 3) The hearing on the Motion to Exclude shall be continued from December 21, 2009 to January 25, 2010, or as soon thereafter as the Court is available; 4) Plaintiff will file and serve his Opposition to the Motion to Exclude and all supporting papers on December 22, 2009; and 5) Defendants will file and serve their Reply papers on January 15, 2010. (bm) (Entered: 12/14/2009) 248 STIPULATION to Continue Motion to Exclude Hearing Date from December 21, 2009 to January 25, 2010 Re: MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Proposed Order Continuing Hearing Date And Briefing Schedule On Motion To Exclude The Opinions And Testimony of G. William Kennedy)(Javidzad, Bety) (Entered: 12/09/2009) 245 REQUEST FOR JUDICIAL NOTICE re MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy 244 filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit A, # 2 Exhibit B-G)(Javidzad, Bety) (Entered: 11/30/2009) 244 NOTICE OF MOTION AND MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Motion set for hearing on 12/21/2009 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Exclude, # 2 Declaration Declaration of Elizabeth A. Moriarty in Support of Motion to Exclude, # 3 Exhibit 1-9 of Moriarty Declaration, # 4 Declaration of Bradford Cornell in Support of Motion to Exclude, # 5 Exhibit 1-8 of Cornell Declaration)(Javidzad, Bety) (Entered: 11/30/2009) 247 JOINT EVIDENTIARY APPENDIX VOLUME 8 OF 9 (Pages 1962 - 2205) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer,
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Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Volume 8 Part 2, # 2 Volume 8 Part 3, # 3 Volume 8 Part 4, # 4 Volume 8 Part 5, # 5 Volume 8 Part 6)(bm) (Entered: 12/03/2009) 11/17/2009 246 JOINT EVIDENTIARY APPENDIX VOLUME 7 OF 9 (Pages 1712 - 1961) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: (Attachments: # 1 Volume 7 Part 2, # 2 Volume 7 Part 3, # 3 Volume 7 Part 4, # 4 Volume 7 Part 5, # 5 Volume 7 Part 6, # 6 Volume 7 Part 7)(bm) (Entered: 12/03/2009) 243 JOINT EVIDENTIARY APPENDIX VOLUME 6 OF 8 (Pages 1427-1711) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Volume 6 Part 2, # 2 Volume 6 Part 3, # 3 Volume 6 Part 4, # 4 Volume 6 Part 5, # 5 Volume 6 Part 6, # 6 Volume 6 Part 7) (bm) (Entered: 11/25/2009) 242 JOINT EVIDENTIARY APPENDIX VOLUME 5 OF 9 (Pages 1136-1436) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Volume 5 Part 2, # 2 Volume 5 Part 3, # 3 Volume 5 Part 4, # 4 Volume 5 Part 5, # 5 Volume 5 Part 6, # 6 Volume 5 Part 7) (bm) (Entered: 11/25/2009) 241 JOINT EVIDENTIARY APPENDIX VOLUME 3 OF 9 (Pages 549-839) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Volume 3 Part 2, # 2 Volume 3 Part 3, # 3 Volume 3 Part 4, # 4 Volume 3 Part 5, # 5 Volume 3 Part 6, # 6 Volume 3 Part 7)(bm) (Entered: 11/25/2009) 240 JOINT EVIDENTIARY APPENDIX VOLUME 2 OF 9 (Pages 252-548) filed by Defendants David S Carlick, Andrew Sheehan, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Plaintiff Jim Brown. (Attachments: # 1 Vol. 2, Part 2, # 2 Vol. 2, Part 3, # 3 Volume 2, Part 4, # 4 Vol. 2, Part 5, # 5 Vol. 2, Part 6, # 6 Vol. 2, Part 7) (bm) (Entered: 11/24/2009) 239 STATEMENT OF UNCONTROVERTED FACTS filed by Defendants David S Carlick, Andrew Sheehan, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Plaintiff Jim Brown (Attachments: # 1 Statement Part 2, # 2 Statement Part 3, # 3 Statement Part 4, # 4 Statement Part 5)(bm) (Entered: 11/23/2009) 238 JOINT BRIEF RE PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT (Attachments: # 1 Joint Brief Part 2, # 2 Joint Brief Part 3)(bm) (Entered: 11/23/2009) 237 SEALED DOCUMENT- Joint Evidentiary Appendix Volume 9 of 9. (Attachments: Part 2, Part 3, Part 4, Part 5)(mat) (Entered: 11/23/2009) 236 ORDER ON STIPULATION TO WITHDRAW APPLICATION TO FILE UNDER SEAL AND REQUESTING PERMISSION TO REPLACE ONE EXHIBIT WITHIN EVIDENTIARY APPENDIX by Judge George H. King: NOTE CHANGES MADE BY THE COURT. Upon consideration of the Stipulation to Withdraw Application to
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File Under Seal and Requesting Permission to Replace One Exhibit Within Evidentiary Appendix ("Stipulation"), IT IS HEREBY ORDERED that (1) the Application to File Under Seal is withdrawn; and (2) Volume 9 of the Evidentiary Appendix is replaced with the Revised Volume 9 of the Evidentiary Appendix, attached as "Exhibit A" to the Stipulation which shall be publicly filed. (3) Vol 108 shall be filed in the public record. 4) The cross-motion for summary judgment and the joint statement of uncontroverted facts will also be filed in the public record. (bm) (Entered: 11/20/2009) 11/13/2009 235 ORDER by Judge George H. King granting 231 Joint Motion to Approve the Form and Manner of Class Notice: Upon consideration of the foregoing Motion, the papers submitted in support, and good cause appearing, IT IS HEREBY ORDERED that: The Motion is Granted. Plaintiff is to provide notice to the Class in substantially the form as submitted as Exhibit A to the Joint Motion and consistent with the Notice Plan submitted as Exhibit B to the Joint Motion. (bm) (Entered: 11/16/2009) 234 STIPULATION to Withdraw Motion /Application to File Under Seal and Requesting Permission to Replace One Exhibit within Evidentiary Appendix filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit A Part 4, # 5 Proposed Order On Stipulation)(Javidzad, Bety) (Entered: 11/13/2009) 233 RESPONSE BY THE COURT TO NOTICE TO FILER OF Deficiencies in Electronically filed documents: The document is accepted as filed RE: Joint MOTION for Order for Approve the Form and Manner of Class Notice 231 (ir) (Entered: 11/12/2009) 232 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Hearing information is missing. RE: Joint MOTION for Order for Approval of the Form and Manner of Class Notice 231 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mg) (Entered: 11/09/2009) 231 NOTICE OF MOTION AND Joint MOTION for Order for Approve the Form and Manner of Class Notice filed by plaintiff Jim Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Wissbroecker, David) (Entered: 11/06/2009) 230 MINUTES OF IN CHAMBERS ORDER re: Joint Application to File Under Seal held before Judge George H. King: The Parties are hereby ORDERED to file within fourteen (14) days hereof a joint brief specifically identifying their compelling reasons for seeking to file under seal each redaction in the Cross-Motions for Summary Judgment, the Joint Statement of Uncontroverted Facts, and Volumes 2-3 and 5-9 of the Evidentiary Appendix. For each such redaction, the Parties must make a specific factual showing as to their claimed compelling reason for seeking to seal that portion of the record, including discussion of all relevant factors. If the Parties fail to timely file this joint submission, we will file the unredacted versions of the Cross-Motions for Summary Judgment, the Joint Statement of Uncontroverted Facts,
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and Volumes 2-3 and 5-9 of the Evidentiary Appendix on the open record. The underlying Cross-Motions for Summary Judgment will not be deemed submitted until we have ruled on the sealing Application. (see document for further details) (bm) (Entered: 10/30/2009) 10/28/2009 229 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES in Electronically filed documents: The document is accepted as filed RE: MOTION for Summary Judgment 213 , Memorandum in Support of Motion 214 MOTION for Summary Adjudication 218 (ir) (Entered: 10/29/2009) 228 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Motions, Joint Brief 213 , 214 , 218 . Motions are not noticed before the court for hearing 213 , 218 . Docket entry text does not indicate that attached document is a Joint Brief 214 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 10/20/2009) 227 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 9 (PUBLIC REDACTED VERSION) (Attachments: # 1 Exhibit 212, # 2 Exhibit 213 to 233, # 3 Exhibit 234 to 246, # 4 Declaration of Baron, # 5 Exhibit 247 to 249)(Shepard, Julie) (Entered: 10/19/2009) 226 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 8 (PUBLIC REDACTED VERSION) (Attachments: # 1 Exhibit 171 to 185, # 2 Exhibit 186 to 203, # 3 Exhibit 204 to 211)(Shepard, Julie) (Entered: 10/19/2009) 225 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 7 (PUBLIC REDACTED VERSION) (Attachments: # 1 Exhibit 121 to 125, # 2 Exhibit 126, # 3 Exhibit 127 to 149, # 4 Exhibit 150 to 170)(Shepard, Julie) (Entered: 10/19/2009) 224 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 6 (PUBLIC REDACTED VERSION) (Attachments: # 1 Exhibit 65 to 94, # 2 Exhibit 95, # 3 Exhibit 96 to 103, # 4 Exhibit 104 to 111, # 5 Exhibit 112, # 6 Exhibit 113 to 120)(Shepard, Julie) (Entered: 10/19/2009) 223 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 5 (PUBLIC REDACTED VERSION) (Attachments: # 1 Exhibit 52 to 53, # 2 Declaration of Brundage and Coffee, # 3 Declaration of Davidoff, Kennedy and Kennedy Supplemental, # 4 Exhibit 54 to 64)(Shepard, Julie) (Entered: 10/19/2009) 222 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William
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Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 4 (Attachments: # 1 Exhibit 43, # 2 Exhibit 44, Part 1, # 3 Exhibit 44, Part 2, # 4 Exhibit 45 to 46, # 5 Exhibit 47, # 6 Exhibit 48 to 51)(Shepard, Julie) (Entered: 10/19/2009) 10/19/2009 221 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 3 (PUBLIC REDACTED VERSION) (Attachments: # 1 Exhibit 30 to 32, # 2 Declaration of Stephen Knaster, # 3 Exhibit 33 to 38, # 4 Request for Judicial Notice, # 5 Exhibit 39, # 6 Exhibit 40, # 7 Exhibit 41 to 42)(Shepard, Julie) (Entered: 10/19/2009) 220 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) VOLUME 2 (PUBLIC REDACTED VERSION) (Attachments: # 1 Exhibit 4, Part 1, # 2 Exhibit 4, Part 2, # 3 Exhibit 4, Part 3, # 4 Exhibit 5 to 19, # 5 Exhibit 20 to 24, # 6 Declaration of Tamny, Cornell, and Moriarty, # 7 Exhibit 25 to 26, # 8 Exhibit 27 to 29)(Shepard, Julie) (Entered: 10/19/2009) 219 APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion 214 (JOINT) (Attachments: # 1 Declaration of Rosenblatt, Brewer, Carlick and Moreau, # 2 Declaration of Mosher, Quandt, Sheehan, and Woodward, # 3 Exhibit 1 to 2, # 4 Exhibit 3)(Shepard, Julie) (Entered: 10/19/2009) 218 NOTICE OF MOTION AND MOTION for Summary Adjudication filed by plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Baron, Randall) (Entered: 10/19/2009) 217 NOTICE of Manual Filing filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau of Notice of Lodging Deposition Transcripts; and Deposition Transcripts.. (Shepard, Julie) (Entered: 10/19/2009) 216 NOTICE of Manual Filing filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau of Joint Evidentiary Appendix, Vol. 2, 3, 5, 6, 7, 8 and 9; Statement of Uncontroverted Facts; Joint Brief Re Parties' Cross Motions for Summary Judgment; Joint Application to File Under Seal, and [Proposed] Order. (Shepard, Julie) (Entered: 10/19/2009) 215 JOINT STATEMENT of Uncontroverted Facts Regarding MOTION for Summary Judgment 213 (PUBLIC REDACTED VERSION) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Statement of Uncontroverted Facts, Part 2 of 3, # 2 Statement of Uncontroverted Facts, Part 3 of 3)(Shepard, Julie) (Entered: 10/19/2009) 214 MEMORANDUM in Support of MOTION for Summary Judgment 213 (JOINT) (PUBLIC REDACTED VERSION) filed by Defendants Richard Rosenblatt, James
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Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Shepard, Julie) (Entered: 10/19/2009) 10/19/2009 213 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Proposed Order)(Shepard, Julie) (Entered: 10/19/2009) 212 NOTICE OF LODGING filed of Deposition Transcripts in support of Joint Brief Re Parties' Cross Motions for Summary Judgment and Statement of Uncontroverted Facts pursuant re Order 123 (Shepard, Julie) (Entered: 10/19/2009) 211 NOTICE of Manual Filing filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau of Joint Evidentiary Appendix, Volumes 2, 3, 5, 6, 7, 8 and 9; Statement of Uncontroverted Facts; Joint Brief Re Parties' Cross Motions for Summary Judgment;. (Shepard, Julie) (Entered: 10/19/2009) 210 ORDER ON JOINT STIPULATION RE (1) PAGE LIMITS FOR JOINT BRIEF ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION; AND (2) CONTINUANCE OF THE SUMMARY JUDGMENT CUT OFF BY SIX DAYS TO OCTOBER 19, 2009 by Judge George H. King, re Stipulation 206 : Upon consideration of the Joint Stipulation Re (1) Page Limits for Joint Brief on Cross Motions for Summary Judgment and/or Summary Adjudication; and (2) Continuance of the Summary Judgment Cut Off by Six Days to October 19, 2009, IT IS HEREBY ORDERED that (1) Collectively, the Hogan & Hartson L.L.P. Defendants' and the Orrick, Herrington & Sutcliffe LLP Defendants' motions for summary judgment and opposition to Plaintiff's motion for summary adjudication will not exceed 50 pages, exclusive of tables of contents and authorities, as provided in paragraph 6 of the Order Re: Summary Judgment Motions; (2) Plaintiff's portion of the joint brief, including his motion for summary adjudication and opposition to the defendants summary judgment motions, will not exceed 50-pages in length, exclusive of tables of contents and authorities; (3) The dispositive motion deadline will be extended six (6) days from October 13, 2009 to October 19, 2009. (bm) (Entered: 09/08/2009) 209 RESPONSE BY THE COURT TO NOTICE to Filer of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Miscellaneous Document 207 (ir) (Entered: 09/04/2009) 208 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proof of Service 207 . Incorrect event selected. Correct event is Service of Subsequent Document Filings-Proof of Service (subsequent document). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 09/03/2009) 207 Proof of Service filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau re: Stipulation to Exceed Page Limitation, Stipulation to Continue,,,, 206 (Dean, Asheley) (Entered:
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09/03/2009) 09/02/2009 206 Joint STIPULATION to Exceed Page Limitation as to Cross Motions for Summary Judgment and/or Summary Adjudication, Joint STIPULATION to Continue Summary Judgment Cut Off by Six Days from October 13, 2009 to October 19, 2009 filed by defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Proposed Order on Joint Stipulation re (1) Page Limits for Joint Brief on Cross Motions for Summary Judgment and/or Summary Adjudication; and (2) Continuance of the Summary Judgment Cut Off by Six Days to October 19, 2009)(Dean, Asheley) (Entered: 09/02/2009) 205 ORDER DISMISSING DEFENDANT CHRISTOPHER LIPP by Judge George H. King, re Stipulation 204 : Upon consideration of the Joint Stipulation for Dismissal of Defendant Christopher Lipp, IT IS HEREBY ORDERED that Defendant Christopher Lipp is DISMISSED from this action without prejudice, and without costs to either party. (bm) (Entered: 08/28/2009) 204 Joint STIPULATION to Dismiss Defendant Christopher S Lipp filed by Defendant Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Proposed Order Dismissing Defendant Christopher Lipp)(Shepard, Julie) (Entered: 08/25/2009) 203 ORDER RE: TAKING OF PAUL A. GOMPERS DEPOSITION AFTER THE EXPERT DISCOVERY CUT-OFF by Judge George H. King, re Stipulation 202 : Upon consideration of the Joint Stipulation Re: Taking of Paul A. Gompers Deposition After the Expert Discovery Cut-Off filed with the Court on August 3, 2009, by plaintiff Jim Brown and defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Christopher Lipp, Richard Rosenblatt, James Quandt, William Woodward, David Carlick and Andrew Sheehan, the Court orders as follows: Plaintiff may take the expert deposition of Paul A. Gompers on August 13, 2009, after the August 4, 2009 expert discovery cut-off. (bm) (Entered: 08/05/2009) 202 Joint STIPULATION for Order Taking of Paul A Gompers Deposition After the Expert Discovery Cut-Off filed by Plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Wissbroecker, David) (Entered: 08/03/2009) 201 MINUTES OF (IN CHAMBERS) TELEPHONE STATUS CONFERENCE held before Judge George H. King: Court and counsel confer regarding expert witness Bradford Cornell. Court made disclosures to counsel as set forth on the record. Counsel are given an opportunity to consult with their respective clients, and if they so desire shall file an appropriate motion for recusal within 10 days hereof failing, which it shall be deemed that partys/parties' waiver of any such motion. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 07/29/2009) 200 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Stephen J. Hillman for any discovery and/or postPage 45 of 73

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judgment matters that may be referred. Case number will now read CV06-03731 GHK (SHx). (at) (Entered: 07/20/2009) 07/16/2009 199 ORDER by Judge George H. King upon consideration of the Joint Stipulation for Discovery 198 . Plaintiff may take the expert deposition of Bradford Cornell on August 12, 2009, after the August 4, 2009 expert discovery cut-off. (ir) (Entered: 07/17/2009) 198 STIPULATION for Discovery as to Deposition of Bradford Cornell After the Expert Discovery Cut-Off filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Proposed Order Taking of Bradford Cornell Deposition After the Expert Discovery Cut-off)(Javidzad, Bety) (Entered: 07/15/2009) 197 MINUTES OF IN CHAMBERS Order re: Plaintiff's Motion For Class Certification 130 held before Judge George H. King: In our May 29, 2009 Order re: Plaintiff's Motion for Class Certification, we required briefing from Plaintiff as to two issues regarding the precise definition of the Plaintiff class. We have now considered such briefing and rule as follows: The class SHALL be defined as: All holders of Intermix Media, Inc. ("Intermix" or the "Company") common stock, from July 18, 2005 through the consummation of the sale of Intermix to News Corporation ("News Corp") at the price of $12.00 per share on September 30, 2005 (the "Acquisition"), who were harmed by defendants' improper conduct at issue in the litigation. Excluded from the Class are defendants and any person, firm, trust, corporation or other entity related to or affiliated with any defendant. Plaintiff Jim Brown is appointed as Class representative. Although we certify the preceding class as so defined, we recognize that there will be allocation issues if Plaintiff and the class prevail on their claims and there will only be one recovery per share. Moreover, although Defendants are rightly concerned as to preclusion issues relating to the plaintiffs in the related state court action, we believe it is inappropriate to rule on any preclusion issues relating to state court plaintiffs at this time. We believe it appropriate to notify any state court plaintiff as to the preclusion issues in the notice of class certification. We will then address whether the state court plaintiffs should properly be excluded, having given the state court plaintiffs notice of any such motion to exclude, and an opportunity to respond. (bm) (Entered: 06/22/2009) 195 ORDER by Judge George H. King, GRANTING Stipulation to Extend Discovery Cut-Off Date 191 . Expert discovery completion date shall be extended to 8/4/09; Private mediation completion date shall be extended to 8/28/09; Dispositive motion completion shall be extended to 10/13/09. (ir) (Entered: 06/12/2009) 194 ORDER by Judge George H. King upon consideration of the Joint Stipulation 190 , IT IS HEREBY ORDERED that Defendants VantagePoint Venture Partners, VP Alpha Holdings IV L.L.C., VantagePoint Venture Partners IV (Q) L.P.,VantagePoint Venture Partners IV L.P. and VantagePoint Venture Partners IVPrincipals Fund L.P. are DISMISSED from this action without prejudice, andwithout costs to either party. (ir) (Entered: 06/11/2009) 193 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/19/2009 11:23 a.m.
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(mo) (Entered: 06/10/2009) 06/10/2009 192 TRANSCRIPT for proceedings held on 5/19/2009 11:23 a.m.. Court Reporter/Electronic Court Recorder: Huntington Court Reporters & Transcription Inc., phone number (626) 792-7250. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/1/2009. Redacted Transcript Deadline set for 7/11/2009. Release of Transcript Restriction set for 9/8/2009. (mo) (Entered: 06/10/2009) 191 Joint STIPULATION to Extend Discovery Cut-Off Date to August 4, 2009 for Expert Discovery Completion; August 28, 2009 for Private Mediation Completion; and October 13,2009 for Dispositive Motion Completion filed by DEFENDANTS David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, VantagePoint Venture. (Attachments: # 1 Proposed Order)(Knaster, Stephen) (Entered: 06/08/2009) 190 Joint STIPULATION to Dismiss DEFENDANTS Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, VantagePoint Venture filed by DEFENDANTS David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, VantagePoint Venture. (Attachments: # 1 Proposed Order Exhibit A)(Kramer, James) (Entered: 06/08/2009) 189 RESPONSE filed by Plaintiff Jim Brown Plaintiff's Response to the Court's Order re: Plaintiff's Motion for Class Certification (Attachments: # 1 Exhibit A)(Wissbroecker, David) (Entered: 06/08/2009) 188 MINUTES (IN CHAMBERS) Order re: Plaintiff's Motion for Class Certification by Judge George H. King granting 130 Motion to Certify Class Action: Defendants request two re-definitions to the current proposed class definition. First, Defendants request that we modify the current class definition so that it reads: "All holders of Intermix Media, Inc.... who held Intermix common stock continuously from July 18, 2005 through the consummation of the sale of Intermix to News Corporation... on September 30, 2005." (italics for proposed modifications). Plaintiff, in his Reply, did not address this requested modification. Plaintiff SHALL respond specifically to this requested re-definition within TEN (10) DAYS hereof in 3 pages or less. Second, Defendants argue that the named plaintiffs in the state court action should be carved out of the class definition. Now that the state court action is final, Plaintiff SHALL address specifically why these state court plaintiffs should not be carved out as part of any class definition. Plaintiff SHALL do so in 3 pages or less within TEN (10) DAYS hereof. Although we tentatively GRANT Plaintiff's Motion for Class Certification, we do not certify a class at this time pending consideration of the required further responses from Plaintiff. (bm) (Entered: 05/29/2009) 187 ORDER: COURT'S RULING RE: (1) PLAINTIFF'S MOTION TO COMPEL
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RESPONSES TO DEPOSITION QUESTIONS AND PRODUCTION OF NONPRIVILEGED DOCUMENTS AND (2) DEFENDANTS' MOTION TO COMPEL INTERROGATORY RESPONSES by Magistrate Judge Jennifer T. Lum: granting 169 ; denying 178 . The hearing on this matter occurred this date. Counsel made their appearances and the Court, having issued a tentative ruling, heard argument from counsel. Having reviewed and considered counsels arguments, the pleadings, declarations, and exhibits filed in support of and in opposition to the discovery motions. [See Order for details.] (san) (Entered: 05/22/2009) 05/19/2009 186 ORDER RE: TAKING OF DEWOLFE DEPOSITION AFTER THE DISCOVERY CUT-OFF IFNECESSARY by Magistrate Judge Jennifer T. Lum: Upon consideration of the Joint Stipulation Re: Taking of DeWolfe Deposition After the Discovery Cut-off if Necessary, is hereby ORDERED that in the event DeWolfe cannot be made available for his deposition prior to the discovery cut-off on May 20, 2009, Plaintiff will be permitted to take and Defendants will provide a date for DeWolfes deposition as soon as practicable after that date. (ca) (Entered: 05/19/2009) 185 DECLARATION of ELIZABETH A. MORIARTY re Notice (Other), Notice (Other) 184 Of Joinder And Joinder in Defendant Vantagepoint's Motion To Compel Interrogatory Responses filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth) (Entered: 05/18/2009) 184 NOTICE OF JOINDER AND JOINDER IN DEFENDANT VANTAGEPOINT'S MOTION TO COMPEL INTERROGATORY RESPONSES filed by Intermix Defendants Christopher S Lipp, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth) (Entered: 05/18/2009) 183 ORDER REGARDING PARTIES MOTIONS TO COMPEL by Magistrate Judge Jennifer T. Lum, re Stipulation for Order 173 . ORDERED: 1. Any supplements to the VantagePoint Defendants Motion shall be filed no later than May 6, 2009;2. Defendants shall serve their portion of the Joint Stipulation on Plaintiffs Motion on May 7, 2009, and cooperate with plaintiff to file Plaintiffs Motion on May 8, 2009; 3. Any supplements to Plaintiffs Motion shall be filed no later than May 11, 2009, or at such a time as the Court directs; and 4. Both Plaintiffs Motion and the VantagePoint Defendants Motion shall be heard on May 19, 2009 at 11:00 a.m. (ca) (Entered: 05/11/2009) 182 ORDER RE: JOINT STIPULATION FOR WITHDRAWAL OF DEPOSITION SUBPOENA OF BRAD GREENSPAN AND AGREEMENT NOT TO USE BRAD GREENSPAN AS A WITNESS AT TRIAL OR HIS TESTIMONY IN ANY FORM IN CONNECTION WITH ANY PARTYS SUMMARY JUDGMENT MOTION OR OPPOSITION THERTO by Judge George H. King, re Stipulation 174 : Pursuant to the Joint Stipulation filed with the Court on May 5, 2009 by Plaintiff Jim Brown ("Plaintiff") and Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Christopher Lipp, Richard Rosenblatt, James Quandt, and William Woodward (collectively, "Defendants"), the Court orders as follows: 1) Defendants' subpoena for the deposition of and production of documents by Brad Greenspan ("Greenspan") is withdrawn; and 2) Plaintiff shall not use Greenspan as a witness at trial or his
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testimony in any form in connection with any party's summary judgment motion or any opposition thereto. (bm) (Entered: 05/11/2009) 05/08/2009 181 DECLARATION of Elizabeth A. Moriarty In Opposition To MOTION to Compel (1) Responses to Deposition Questions; and (2) Production of Non-Privileged Documents 178 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit A through C)(Moriarty, Elizabeth) (Entered: 05/08/2009) 180 DECLARATION of David T. Wissbroecker in Support of MOTION to Compel (1) Responses to Deposition Questions; and (2) Production of Non-Privileged Documents 178 filed by Plaintiff Jim Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 - Part 1, # 8 Exhibit 7 - Part 2, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Wissbroecker, David) (Entered: 05/08/2009) 179 JOINT STIPULATION to MOTION to Compel (1) Responses to Deposition Questions; and (2) Production of Non-Privileged Documents 178 filed by Plaintiff Jim Brown. (Wissbroecker, David) (Entered: 05/08/2009) 178 NOTICE OF MOTION AND MOTION to Compel (1) Responses to Deposition Questions; and (2) Production of Non-Privileged Documents filed by Plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Wissbroecker, David) (Entered: 05/08/2009) 177 Joint STIPULATION for Order Taking of DeWolfe Deposition After the Discovery Cut-Off if Necessary filed by Plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Wissbroecker, David) (Entered: 05/08/2009) 176 DECLARATION of STEPHEN M. KNASTER re Supplement (non-motion), Supplement (non-motion) 175 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, ThirdParty Defendant VantagePoint Venture. (Attachments: # 1 Exhibit A)(Knaster, Stephen) (Entered: 05/06/2009) 175 SUPPLEMENT to Stipulation to Compel, 170 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, ThirdParty Defendant VantagePoint Venture. (Knaster, Stephen) (Entered: 05/06/2009) 174 Joint STIPULATION to Withdraw Motion re: Withdrawal of Deposition Subpoena of Brad Greenspan and Agreement Not to Use Brad Greenspan as a Witness at Trial or His Testimony in Any Form in Connection With Any Party's Summary Judgment Motion or Opposition Thereto filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Proposed Order)(Javidzad, Bety) (Entered: 05/05/2009)
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05/04/2009

173 STIPULATION for Order Regarding Parties' Motions to Compel filed by Plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Wissbroecker, David) (Entered: 05/04/2009) 172 DECLARATION of David T. Wissbroecker re Stipulation to Compel, 170 filed by Plaintiff Jim Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wissbroecker, David) (Entered: 05/01/2009) 171 DECLARATION of CHRISTIN HILL IN SUPPORT MOTION to Compel INTERROGATORY RESPONSES 169 AND JOINT STIPULATION filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, ThirdParty Defendant VantagePoint Venture. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Hill, Christin) (Entered: 05/01/2009) 170 Joint STIPULATION to Compel INTERROGATORY RESPONSES filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, VantagePoint Venture. (Attachments: # 1 Proposed Order)(Knaster, Stephen) (Entered: 05/01/2009) 169 NOTICE OF MOTION AND MOTION to Compel INTERROGATORY RESPONSES filed by Defendants VantagePoint Venture, David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Attachments: # 1 Proposed Order)(Knaster, Stephen) (Entered: 05/01/2009) 168 ORDER REGARDING PERMISSIBLE NUMBER OF DEPOSITIONS by Magistrate Judge Jennifer T. Lum, GRANTING Stipulation 167 . Upon consideration of the parties Stipulation Regarding Permissible Number of Depositions (the Stipulation), the following is hereby ORDERED: 1. Plaintiff may take up to 20 depositions; and 2. Defendants will consider in good faith any request by Plaintiff for two additional depositions, in the event Plaintiff determines such depositions are necessary. The foregoing stipulation is approved by the Court and shall be binding on the parties hereto. (ca) (Entered: 04/28/2009) 167 STIPULATION for Discovery as to Permissible Number of Depositions filed by plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Wissbroecker, David) (Entered: 04/21/2009) 166 ORDER by Judge George H. King granting 151 Plaintiff's Ex Parte Application for an Extension of Discovery Deadlines. NOTE CHANGES MADE BY THE COURT. Having considered Plaintiff Jim Brown's Ex Parte Application for an Extension of Discovery Deadlines (the "Application" and Defendants' Opposition), good cause appearing therefore, the Court ORDERS as follows: 1. The Application is GRANTED; 2. The discovery deadlines are to be changed as follows: (i) the fact discovery completion dates and expert witness designation deadline is May 20, 2009;
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(ii) the rebuttal witness deadline is June 19, 2009; and (iii) the expert discovery completion date is July 20, 2009. We do not decide whether plaintiff is permitted to take depositions in excess of the number permitted by the Rules and the parties' stipulation. Plaintiff shall present this to Judge Lum matter for her decision. (bm) (Entered: 04/08/2009) 04/06/2009 165 ORDER RE: JOINT STIPULATION FOR WITHDRAWAL OF DEPOSITION SUBPOENA OF KREINDLER & KREINDLER, LLP AND AGREEMENT NOT TO CALL KREINDLER WITNESSES AT TRIAL by Judge George H. King, re Stipulation 160 : Pursuant to the Joint Stipulation filed with the Court on April 1, 2009, the Court orders as follows: 1) The deposition subpoena served by defendants on the person most knowledgeable at the law firm of Kreindler & Kreindler, LLP ("Kreindler") pursuant to FRCP 30(b)(6) is withdrawn; and 2) Plaintiff shall not call any Kreindler Witness to testify as a witness at trial in this action. (bm) (Entered: 04/07/2009) 164 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 162 by Clerk of Court the document is accepted as filed. Other: COUNSEL HAS FILE A NOTICE OF LODGING PROPOSED ORDER. RE: JOINT STIPULATION 160 . (bm) (Entered: 04/06/2009) 163 NOTICE OF LODGING filed of Proposed Order re Stipulation to Withdraw Motion/Application/Request/Ex Parte Application, 160 (Attachments: # 1 Proposed Order)(Shepard, Julie) (Entered: 04/02/2009) 162 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Joint Stipulation 160 was not submitted with a proposed order as a separate attachment to the Joint Stipulation. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 04/02/2009) 161 OPPOSITION Response To Plaintiff's Submission Of Additional Information In Connection With Ex Parte Application For An Extension Of Discovery Deadlines filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth) (Entered: 04/01/2009) 160 Joint STIPULATION to Withdraw Motion Re: Withdrawal Of Deposition Subpoena Of Kreindler & Kreindler, LLP And Agreement Not To Call Kreindler Witnesses At Trial filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau.(Shepard, Julie) (Entered: 04/01/2009) 159 NOTICE of Manual Filing filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau of Defendant's Response To Plaintiff's Submission Of Additional Information In Connection With Ex Parte Application For An Extension Of Discovery Deadlines. (Moriarty, Elizabeth) (Entered: 04/01/2009)

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158 STATEMENT Plaintiff's Submission of Additional Information in Connection with Ex Parte Application for Extension of Discovery Deadlines filed by Plaintiff Jim Brown (Wissbroecker, David) (Entered: 03/31/2009) 157 NOTICE of Manual Filing filed by Plaintiff Jim Brown of Submission of Additional Information in Connection with Ex Parte Application for Extension of Discovery Deadlines. (Wissbroecker, David) (Entered: 03/31/2009) 156 STIPULATION for Discovery as to Expert filed by Plaintiff Jim Brown. (Attachments: # 1 Proposed Order)(Wissbroecker, David) (Entered: 03/25/2009) 155 VANTAGEPOINT DEFENDANTS' NOTICE OF JOINDER AND JOINDER IN DEFENDANTS' OPPOSITION TO PLAITNIFF'S EX PARTE APPLICATION FOR EXTENSION OF DISCOVERY DEADLINES filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP joining in MEMORANDUM in Opposition to Motion, 153 . (bm) (Entered: 03/25/2009) 154 DECLARATION OF ELIZABETH A. MORIARTY IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR AN EXTENSION OF DISCOVERY DEADLINES 153 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Volume II: Exhibits KK-DDD (Exhibits Only) (bm) (Entered: 03/25/2009) 153 DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR EXTENSION OF DISCOVERY DEADLINES 151 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (bm) (Entered: 03/25/2009) 152 DECLARATION of David T. Wissbroecker in support of EX PARTE APPLICATION FOR AN EXTENSION OF DISCOVERY DEADLINES 151 filed by Plaintiff Jim Brown. (bm) (Entered: 03/25/2009) 151 EX PARTE APPLICATION to Extend Discovery Cut-Off Date filed by plaintiff Jim Brown. (bm) (Entered: 03/25/2009) 150 PROOF OF SERVICE filed by defendants Brett C Brewer, re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 149 (1) Defendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines; (2) Decl. of Elizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Ex Parte Application for an Extension of Discovery Deadlines (Vol. I: Exhs. A-JJ); (3) Decl. of Elizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines (Vol. II: Exhs. KK-DDD) (Exhs. only); and (4) VantagePoint Defendants' Notice of Joinder and Joinder in Defendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines served on March 24, 2009. (Shepard, Julie) (Entered: 03/24/2009) 149 NOTICE of Manual Filing filed by Defendant Brett C Brewer of (1) Defendants'
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Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines; (2) Decl. of Elizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines (Vol. I: Exhs. A-JJ); (3) Decl. of Elizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines (Vol. II Exhs. KK-DDD) (Exhs. only); and (4) VantagePoint Defendants' Notice of Joinder and Joinder in Defendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines. (Shepard, Julie) (Entered: 03/24/2009) 03/23/2009 02/24/2009 148 NOTICE of Manual Filing filed by Plaintiff Jim Brown of Ex Parte Application for an Extension of Discovery Deadlines. (Wissbroecker, David) (Entered: 03/23/2009) 146 NOTICE OF RECENT AUTHORITY filed by Defendant David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Attachments: # 1 Exhibit A)(Knaster, Stephen) (Entered: 02/24/2009) 145 DECLARATION of David T. Wissbroecker in Further Support of Plaintiff's Motion for Class Certification filed by Plaintiff Jim Brown. (Attachments: # 1 Exhibit A)(Wissbroecker, David) (Entered: 02/13/2009) 144 REPLY in Support of MOTION to Certify Class 130 filed by Plaintiff Jim Brown. (Wissbroecker, David) (Entered: 02/13/2009) 143 PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by Magistrate Judge Jennifer T. Lum, GRANTING Stipulation for Protective Order, 142 . (ca) (Entered: 02/11/2009) 142 Joint STIPULATION for Protective Order filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Moriarty, Elizabeth) (Entered: 02/06/2009) 141 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO CLASS CERTIFICATION filed by Defendant David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Knaster, Stephen) (Entered: 01/14/2009) 140 DECLARATION of STEPHEN M. KNASTER IN SUPPORT OF OPPOSITION TO MOTION to Certify Class 130 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Knaster, Stephen) (Entered: 01/14/2009) 139 MEMORANDUM in Opposition to MOTION to Certify Class 130 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha Holdings IV LLC,,
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Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Knaster, Stephen) (Entered: 01/14/2009) 12/30/2008 138 MEMORANDUM AND ORDER by Magistrate Judge Paul L. Abrams for Magistrate Jennifer T. Lum re Parties' Stipulation and Proposed Protective Order 135 . The Court has received and considered the parties' Stipulation and Proposed Protective Order. The Court is unable to adopt the Protective Order as stipulated to by the parties for the following reasons: [See Order for details.] (ch) (Entered: 12/31/2008) 137 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/20/08 1:37 pm (Rickey, Mary) (Entered: 12/19/2008) 136 TRANSCRIPT for proceedings held on 10/20/08 1:37 p.m.. Court Reporter/Electronic Court Recorder: Mary R. Rickey, phone number 213-620-0488. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/9/2009. Redacted Transcript Deadline set for 1/19/2009. Release of Transcript Restriction set for 3/19/2009. (Rickey, Mary) (Entered: 12/19/2008) 135 STIPULATION for Protective Order filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Moriarty, Elizabeth) (Entered: 12/18/2008) 131 MEMORANDUM in Support of MOTION to Certify Class 130 filed by Plaintiff Jim Brown. (Wissbroecker, David) (Entered: 11/14/2008) 130 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Jim Brown. (Attachments: # 1 [Proposed] Order Granting Plaintiff's Motion for Class Certification)(Wissbroecker, David) (Entered: 11/14/2008) 128 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: REQUEST for Partial Summary Judgment as to REQUEST FOR CLARIFICATION REGARDING BRIEFING ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT 127 has incorrect document attached to the docket entry. Document attached is not a Motion for Summary Judgment, it is a Request for Clarification. Correct event is Motions and Related Filings-Requests-Order. Proposed order was not submitted as an attachment to the Request for Clarification In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 11/12/2008) 127 REQUEST for Partial Summary Judgment as to REQUEST FOR CLARIFICATION REGARDING BRIEFING ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendants Brett C Brewer. Request set for hearing on 11/10/2008 at 09:30 AM before Judge George H. King. (Shepard, Julie) (Entered: 11/10/2008) 126 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King re
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Defendants' Motion for Partial Summary Judgment 115 : This matter is before the Court on Defendants' Motion for Partial Summary Judgment (the "Motion"). We have considered the papers filed in support of and in opposition to these Motions, and deem this matter appropriate for resolution without oral argument. Local Rule 715. As the parties are familiar with the facts, we will not restate them except as necessary. Accordingly, we rule as follows. To the extent the Motion seeks summary judgment on the basis of questions of law, we conclude that this is a reargument of issues decided in our Order of July 14, 2008. As there has been no material change in the facts previously presented, nor change in the law, this Motion is improper under Local Rule 7-18. To the extent the Motion seeks summary judgment on the factual basis that damages cannot be proven, we conclude that the Motion is premature as the factual record is not yet developed. See Fed. R. Civ. P. 56(f). Thus, Defendants' Motion is DENIED without prejudice. (bm) (Entered: 11/10/2008) 11/07/2008 125 MINUTES OF (IN CHAMBERS) ORDER by Judge George H. King: re: MOTION for for Partial Summary Judgment 115 MOTION for Joinder in MOTION for Partial Summary Judgment 119 . On the court's own motion, Defendants Motion for Partial Summary Judgment, noticed for hearing on November 10, 2008, is hereby taken off calendar and will be taken under submission without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated.IT IS SO ORDERED. (bh) (Entered: 11/07/2008) 123 ORDER REGARDING SUMMARY JUDGMENT MOTIONS (See document for further details) by Judge George H. King. (ir) (Entered: 10/30/2008) 121 MEMORANDUM in Opposition to MOTION for Joinder in MOTION for Partial Summary Judgment 115 MOTION for Joinder in MOTION for Partial Summary Judgment 115 119 , MOTION for Partial Summary Judgment 115 PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PLAINTIFF'S APPLICATION FOR DENIAL OR CONTINUANCE PURSUANT TO RULE 56(f) filed by Plaintiff Jim Brown. (Attachments: # 1 Affidavit Affidavit of David T. Wissbroecker, # 2 Plaintiff's Statement of Genuine Issues of Material Fact)(Wissbroecker, David) (Entered: 10/27/2008) 122 MINUTES OF Scheduling Conference Order held before Judge George H. King: Matter called. Parties present. The Court conducts scheduling conference with counsel. The court sets the following scheduling order: 1. Motion for Class Certification shall be filed by no later than November 14, 2008. Opposition shall be filed by no later than January 14, 2009. Reply shall be filed by no later than February 13, 2009. Motion will be taken under submission unless otherwise ordered by the Court. 2. All fact discovery shall be COMPLETED by no later than April 20, 2009. Completion means that any request for discovery that is not received in hand by the requesting party by the completion date shall be denied. Any discovery motion shall be filed sufficiently in advance of the completion date so as to permit compliance with any order before the completion date. 3. The parties shall designate their expert witnesses, and make the required disclosures, by no later than April 20, 2009, and do
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likewise for any rebuttal expert witnesses by no later than May 18, 2009. 4. Expert discovery shall be COMPLETED by no later than June 19, 2009. 5. The parties shall comply with Local Rule 16-15 by no later than August 3, 2009. The parties elect to go for private mediation. The court approves this election. 6. Any motion for summary judgment shall be filed in compliance with the Local Rules, as well as our Order Re: Summary Judgment Motions issued concurrently herewith, by no later than September 28, 2009 and noticed for hearing thereafter regularly under the Local Rules. Any untimely or non-conforming motion shall be denied. The court will set pre-trial conference and trial dates, if necessary, after resolution of any dispositive motion. Counsel are cautioned that these dates will not be extended absent a specific showing of good cause including a recitation of the specific actions taken by counsel and specific reasons why compliance with these dates cannot be accomplished despite reasonable diligence. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 10/28/2008) 10/07/2008 120 NOTICE OF ERRATA filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. correcting MOTION for Partial Summary Judgment 115 Correcting Appendix Of Secondary Authority (Attachments: # 1 Exhibit B)(Stone, Richard) (Entered: 10/07/2008) 119 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Partial Summary Judgment 115 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. Motion set for hearing on 11/10/2008 at 09:30 AM before Judge George H. King. (Knaster, Stephen) (Entered: 10/06/2008) 118 STATEMENT of Uncontroverted Facts And Conclusions Of Law In Support Of MOTION for Partial Summary Judgment 115 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Stone, Richard) (Entered: 10/06/2008) 117 REQUEST FOR JUDICIAL NOTICE re MOTION for Partial Summary Judgment 115 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Stone, Richard) (Entered: 10/06/2008) 116 DECLARATION of Richard Rosenblatt In Support Of MOTION for Partial Summary Judgment 115 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C [Part 1], # 4 Exhibit C [Part 2], # 5 Exhibit C [Part 3], # 6 Exhibit D)(Stone, Richard) (Entered: 10/06/2008) 115 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Motion set for
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CM/ECF - California Central District

12/13/11 8:18 AM

hearing on 11/10/2008 at 09:30 AM before Judge George H. King. (Attachments: # 1 Appendix Of Secondary Authority, # 2 Exhibit A to Appendix Of Second Authority, # 3 Exhibit B to Appendix Of Secondary Authority, # 4 Proposed Order Granting Defendants' Motion For Partial Summary Judgment)(Stone, Richard) (Entered: 10/06/2008) 10/06/2008 08/12/2008 114 REPORT of Parties' Planning Meeting filed by Plaintiff Jim Brown. (Oddo, Stephen) (Entered: 10/06/2008) 113 ORDER SETTING SCHEDULING CONFERENCE (REVISED AS OF JUNE 2007) by Judge George H. King: READ IMMEDIATELY: This matter is set for Scheduling Conference on 10/20/2008 at 1:30 PM. Parties planning meeting pursuant to Rule 26(f) shall be file no later than 9/19/2008. Joint Report of Parties planning meeting shall file no later than 10/6/2008. Counsel and an unrepresented party are warned that failure to comply fully and strictly with this Order may lead to the imposition of all appropriate sanctions. (jp) (Entered: 08/13/2008) 112 ANSWER to Consolidated Complaint 89 VantagePoint Defendants' Answer to Plaintiff's Consolidated Second Amended Complaint filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP.(Manolova, Teodora) (Entered: 08/04/2008) 111 ANSWER to Consolidated Complaint 89 JURY DEMAND. CLASS ACTION Defendants' Answer to Plaintiff's Consolidated Second Amended Complaint filed by Defendants Brett C Brewer.(Shepard, Julie) (Entered: 08/04/2008) 110 MINUTES: (In Chambers) Order regarding Defendants' Motion to dismiss 90 91 , 94 ; The Motions are GRANTED in part, and DENIED in part. As we have afforded Plaintiff sufficient opportunities to amend, and as we find and conclude that Count One is barred by the statute of limitations, Count One of the CSAC is DISMISSED, with prejudice. With respect to Defendants Edell and Ward, as Count Three of the CSAC rests on the dismissed allegations of Count One, Count Three is DISMISSED, with prejudice, as to Edell and Ward. With respect to the Investment Banks, Count Two of the CSAC is also DISMISSED, with prejudice. Count Six of the CSAC is inadequate on its face, and thus is also DISMISSED, with prejudice. Defendants Motions are DENIED in all other respects. Theremaining Defendants shall answer the remaining counts of the CSAC WITHIN TWENTY (20) DAYS HEREOF IT IS SO ORDERED by Judge George H. King (ir) (Entered: 07/15/2008) 109 NOTICE of Change of Address by Rebecca M Couto attorney for Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, changing Address to 355 South Grand Avenue, Los Angeles, California 90071-1560. Filed by Defendants Richard Rosenblatt, Brett Brewer, Lawrence Moreau, James Quandt, and William Woodward (Couto, Rebecca) (Entered: 06/27/2008) 108 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King : On the court's own motion, Defendants Motion to Dismiss Count II, and Motion by Defendant VantagePoint to Dismiss Counts I & VI of the Consolidated Amended
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08/04/2008

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07/14/2008

06/27/2008

04/30/2008

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CM/ECF - California Central District

12/13/11 8:18 AM

Complaint, noticed for hearing on May 5, 2008, is taken off calendar and will be taken under submission without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. IT IS SO ORDERED (es) (Entered: 05/01/2008) 04/30/2008 107 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King : re: MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint 91 , MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 94 . On the court's own motion, Defendants Motion to Dismiss Count II, and Motion by Defendant Vantage Point to Dismiss Counts I & VI of the Consolidated Amended Complaint, noticed for hearing on May 5, 2008, is taken off calendar and will be taken under submission without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated.IT IS SO ORDERED. (bh) (Entered: 04/30/2008) 106 REPLY IN SUPPORT OF MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint 91 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Knaster, Stephen) (Entered: 04/18/2008) 105 REPLY In Support Of MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward. (Moriarty, Elizabeth) (Entered: 04/18/2008) 102 MEMORANDUM in Opposition to MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint 91 , MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 94 , MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 filed by Plaintiff Jim Brown. (Wissbroecker, David) (Entered: 03/28/2008) 101 NOTICE OF SERVICE filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward, re Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) 100 served on
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04/18/2008

04/18/2008

03/28/2008

03/25/2008

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CM/ECF - California Central District

12/13/11 8:18 AM

03/20/2005. (Couto, Rebecca) (Entered: 03/25/2008) 03/18/2008 100 NOTICE of Change of Attorney Information for attorney Rebecca Bree Torres counsel for Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward. Changing e-mail to rebecca.couto@lw.com. Filed by Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt, and William Woodward (Torres, Rebecca) (Entered: 03/18/2008) 99 ORDER by Judge George H. King: pursuant to stipulation the following briefing schedule on defendants' motion to dismiss and joinders thereto no later than 3/28/0/; Plaintiffs may file a single consolidated oppositioin not to exceed 45 pages; Defendants shal file and serve their replies to plaintiffs opposition no later than 4/18/0/; Hearing on defendants motions and joinders 91 , 90 , 94 will be held on 5/5/2008 at 09:30 AM. (ir) (Entered: 03/07/2008) 98 PROOF OF SERVICE filed by DEFENDANTS Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward, re Stipulation for Extension of Time to File Response/Reply, 96 ([PROPOSED] ORDER) served on March 5, 2008. (Torres, Rebecca) (Entered: 03/05/2008) 97 PROOF OF SERVICE filed by DEFENDANTS Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward, re Stipulation for Extension of Time to File Response/Reply, 96 (STIPULATION) served on MARCH 5, 2008. (Torres, Rebecca) (Entered: 03/05/2008) 96 First STIPULATION for Extension of Time to File OPPOSITION AND REPLY filed by DEFENDANTS Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward. (Attachments: # 1 Proposed Order REGARDING BRIEFING ON DEFENDANTS' MOTION TO DISMISS CONSOLIDATED SECOND AMENDED COMPLAINT)(Torres, Rebecca) (Entered: 03/05/2008) 95 PROOF OF SERVICE filed by Defendants David S Carlick, Richard Rosenblatt, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, re MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint 91 , Memorandum in Support of Motion, 92 , MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 94 , Request for Judicial Notice,, Request for Relief, 93 served on 2/29/08. (Manolova, Teodora) (Entered: 02/29/2008) 94 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I 90 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint
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02/29/2008

02/28/2008

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CM/ECF - California Central District

12/13/11 8:18 AM

Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP.Motion set for hearing on 3/24/2008 at 09:30 AM before Judge George H. King. (Knaster, Stephen) (Entered: 02/28/2008) 02/28/2008 93 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint 91 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Attachments: # 1 Exhibits A - E)(Knaster, Stephen) (Entered: 02/28/2008) 92 MEMORANDUM in Support of MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint 91 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Knaster, Stephen) (Entered: 02/28/2008) 91 NOTICE OF MOTION AND MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP.Motion set for hearing on 3/24/2008 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Knaster, Stephen) (Entered: 02/28/2008) 90 NOTICE OF MOTION AND MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I filed by defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward.Motion set for hearing on 3/24/2008 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order GRANTING DEFENDANTS' MOTION TO DISMISS COUNT II OF PLAINTIFF'S CONSOLIDATED SECOND AMENDED COMPLAINT)(Moriarty, Elizabeth) (Entered: 02/28/2008) 89 CONSOLIDATED SECOND AMENDED COMPLAINT related to: Consolidated Complaint 70 ,filed by plaintiff Jim Brown (es) (Entered: 02/13/2008) 88 MINUTES IN CHAMBERS ORDER Re: Defendants Motion to Dismiss held before Judge George H. King : This matter is before the Court on Defendants Motion to Dismiss (Motion) Plaintiffs Consolidated First Amended Complaint (CFAC). Plaintiff Jim Brown is the purported representative of a class of common stockholders of Intermix Media, Inc., formerly known as eUniverse, Inc. (Intermix),1 and acquired by News Corporation (News Corp.) in 2005. Defendants are directors, officers, banks and institutional investors of and in Intermix from periods prior to its acquisition by News Corp. We have considered the joint briefing and other papers filed in connection with this Motion, and deem this matter appropriate for resolution without oral argument. L.R. 7-15. As the parties are familiar with the facts, we will not restate them except as necessary. The motion is GRANTED in part, with leave to
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02/28/2008

02/08/2008 01/17/2008

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CM/ECF - California Central District

12/13/11 8:18 AM

amend.2. Counts I, II, and VI of the CFAC are DISMISSED, with leave to amend. Plaintiff shall file, and serve on all Defendants, a Consolidated Second Amended Complaint (CSAC) by no later than February 8, 2008. Defendants shall respond to the CSAC within 20 days of service. If Plaintiff fails to timely file and serve a SCAC, we will dismiss this matter for lack of prosecution. (SEE DOCUMENT FOR FURTHER DETAILS) (es) (Entered: 01/23/2008) 12/17/2007 87 STATEMENT of Recent Decisions filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau (vh) (Entered: 12/26/2007) 83 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING Notice of Change of Attorney Information submitted by Plaintiff Jim Brown received on 12/10/07 is not to be filed but instead rejected. Denial based on: Lackint name, address, phone and facsimile numbers; no copy provided for judge. (es) (Entered: 12/17/2007) 85 MAIL RETURNED addressed to Moly Roff-Sheridan at Goodman Sheridan and Roff re Stipulation and Order 79 (ir) (Entered: 12/26/2007) 82 NOTICE OF TAKING Defendants' Motion to Dismiss Plaintiff's Consolidated First Amended Complaint off Calendar filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward. (vh) (Entered: 12/13/2007) 81 MINUTES (IN CHAMBERS) ORDER by Judge George H. King : On the court's own motion, Defendants Motion to Dismiss Plaintiffs Consolidated First Amended Complaint 72 , filed October 11, 2007, noticed for hearing on December 10, 2007, is taken off calendar and will be taken under submission without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. IT IS SO ORDERED. (bh) (Entered: 12/04/2007) 86 MAIL RETURNED addressed to Molly Roff-Sheridan at Goodman Sheridan & Roff re Minutes 81 (ir) (Entered: 12/26/2007) 84 MAIL RETURNED addressed to Molly Roff-Sheridan of Goodman Sheridan and Roff re Stipulation and Order 79 (ir) (Entered: 12/26/2007) 80 NOTICE of Entry of Order filed by defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward. (es) (Entered: 11/02/2007) 79 STIPULATION AND ORDER by Judge George H. King: Defendants Motion to dismiss Plaintiffs Motion to dismiss the Plaintiffs Consolidated First Amended Complaint 78 hearing date is continued to 12/10/2007 at 09:30 AM (ir) Modified on
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12/11/2007

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12/04/2007

11/27/2007 11/13/2007 11/01/2007

10/30/2007

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CM/ECF - California Central District

12/13/11 8:18 AM

11/1/2007 (ir, ). (Entered: 11/01/2007) 10/15/2007 78 AMENDED NOTICE OF MOTION to Dismiss Plaintifffs Consolidated First Amended Complaint filed by Defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward.Motion set for hearing on 11/5/2007 at 09:30 AM before Judge George H. King. (ir) (Entered: 10/19/2007) 74 REQUEST FOR JUDICIAL in Support of Joint Brief Regarding Defendants' Motion to Dismiss the consolidated First Amended Complaint 72 Volume 1 of 4, Exhibits 1 to 8 filed by defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward. (es) (Entered: 10/13/2007) 77 REQUEST FOR JUDICIAL NOTICE in Support of Joint Brief Regarding Defendants's Motion to Dismiss the Consolidated First Amended Complaint 72 Volume 4 of 4, Exhibits 36-47 72 filed by defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward. (es) (Entered: 10/13/2007) 76 REQUEST FOR JUDICIAL NOTICE in Support of Joint Brief Regarding Defendants's Motion to Dismiss the Consolidated First Amended Complaint 72 Volume 3 of 4, Exhibits 24-35 72 filed by defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward. (es) (Entered: 10/13/2007) 75 REQUEST FOR JUDICIAL NOTICE in Support of Joint Brief Regarding Defendants's Motion to Dismiss the Consolidated First Amended Complaint 72 Volume 2 of 4, Exhibits 9-23 filed by defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward. (es) (Entered: 10/13/2007) 73 JOINT BRIEF Regarding Defendants Motion to Dismiss 72 . (es) (Entered: 10/13/2007) 72 Defendant's Notice of Motion to Dismiss First Amended Complaint filed by defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett
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10/13/2007

10/11/2007

10/11/2007

10/11/2007

10/11/2007 10/11/2007

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?988870883680399-L_452_0-1

CM/ECF - California Central District

12/13/11 8:18 AM

C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley G Ward.Motion set for hearing on 11/5/2007 at 9:30 AM before Judge George H. King. (es) (Entered: 10/13/2007) 09/20/2007 71 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING Plaintiffs Notice of Firm Name Change submitted by Plaintiff Jim Brown received on 9/13/07 is not to be filed but instead rejected. Denial based on: Local Rule 11-4.1; No copy to conform was submitted.(bho) (Entered: 09/24/2007) 70 CONSOLIDATED FIRST AMENDED COMPLAINT related to: Second Amended Complaint 25 filed by Plaintiff Jim Brown. (gk) (Entered: 07/16/2007) 69 PROOF OF SERVICE filed by not specified re Stipulation and Order,,, 68 , Stipulation and Order,, Set Motion and R&R Deadlines, 47 served on Amended Proof of Service. (ear) (Entered: 06/26/2007) 68 STIPULATION AND ORDER RE BRIEFING SCHEDULE ON MOTIONS TO DISMISS CONSOLIDATED FIRST AMENDED COMPLAINT by Judge George H. King: Court orders that: (1) On 8/15/2007, the parties will meet and confer; (2) On 8/23/2007, the parties will exchange initial drafts of their motions to dismiss and opposition to those motions; (3) On 9/21/2007, the parties will make a second exchange of their motions ot dismiss and oppositions; (4) On 10/5/2007, the parties will conduct a final exchange of their motions to dismiss and oppositions to those motions; (5) On 10/9/2007, counsel for Defendants will circulate a final version of the merged document to all parties for review for typographical corrections only; (6) On 10/11/2007, Defendants will serve and file the Joint Brief with the Court. (gk) (Entered: 06/20/2007) 67 MINUTES OF Status Conference held before Judge George H. King: The Court orders CV 03-05603 GHK (JTLx) and CV 06-03731 GHK (JTLx) consolidated under case number CV 06-03731 GHK (JTLx). Case number CV 03-05603 GHK (JTLx) is hereby dismissed without prejudice. Plaintiffs Karl LeBoyer and Jim Brown are ordered to file a consolidated First Amended Complaint in Case Number CV 0603731 GHK (JTLx) within 30 days hereof. Accordingly, the pending motions to dismiss in this case 30 , 31 , 34 are denied without prejudice. The parties shall, within five days hereof, file a stipulation and proposed ordered regarding the timing of any motion to dismiss the consolidated First Amended Complaint. Such motion to dismiss shall be filed in a fully-integrated joint briefing format, as discussed on the record, and shall comply with Local Rule 7-3 and all other Local and Federal Rules. The parties shall not brief the issue of staying any claim as a result of the case before Judge Kuhl. After resolution of the motion to dismiss, Defendants may, if approprite, bring a motion to stay. Court Reporter: John Turman. (gk) (Entered: 06/12/2007) 66 MINUTES (IN CHAMBERS) by Judge George H. King: Order re: Leboyer Defendants' [Case No. CV 03-5603 GHK (JTLx)] Motion to Dismiss that Claims Three and Eight, brought derivatively, should be, and hereby are, dismissed. The LeBoyer parties are hereby ordered to file a Joint Status Report, within 12 days hereof, informing us of the current status of the Judge Kuhl action, including the
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05/22/2007

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CM/ECF - California Central District

12/13/11 8:18 AM

status of any appeal of Judge Kuhl's decision. The parties in both cases are hereby ordered to appear, Set Hearings: Status Conference set for 6/11/2007 09:30 AM before Judge George H. King. The parties shall come prepared to discuss: (1) the remaining issues raised in the LeBoyer Motion to Dismiss, namely the effect of Judge Kuhl's decision on the remaining two claims; (2) Possible consolidation of the two cases; (3) Regardless of whether the cases are consolidated, the relationship between the Brown claims and the LeBoyer claims (both currently pending and dismissed); and (4) The most efficient way of advancing both cases. We do not intend to discuss the merits of the three pending Brown motions until further orders are issued after the status conference. Court Reporter: None. (gk, ) (Entered: 05/23/2007) 02/20/2007 02/20/2007 ***Terminated/taken off calendar 2/26/2007 hearing dates re 30 , 31 , 34 . (gk, ) (Entered: 02/21/2007) 65 MINUTES (IN CHAMBERS) ORDER by Judge George H. King: Parties are hereby notified that the case has been reassigned to the calendar of the Honorable George H. King, U.S. District Judge, for all further proceedings. The case number will read CV 06-03731 GHK (JTLx). Pending motions noticed for hearing on 2/26/2007 will be taken off calendar, however the briefing schedule shall remain as if the motion had not been taken off calendar: Motion to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Montgomery & Co., LLC, Thomas Weisel Partners, LLC and Thomas Weisel Partners Group, Inc. 30 ; Motion to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward Christopher Lipp, Richard Rosenblatt, James Quandt and William Woodward 31 ; Motion to Dismiss Plaintiff's Second Amended Class Action Complaint filed by VantagePoint Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. 34 . Court Reporter: Not Reported. (gk, ) (Entered: 02/21/2007) Cases associated with Lead Case CV 03-5603 GHK (JTLx) (rn, ) (Entered: 02/13/2007) 64 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Casefiled. Related Case No: CV 03-5603 GHK (JTLx). Case transfered from Judge Stephen J. Hillman and John F. Walter to Judge George H. King and Jennifer T. Lum for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 03-5603 GHK (JTLx).Signed by Judge George H. King (rn, ) (Entered: 02/13/2007) PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 03-5603 GHK (JTLx). (rn, ) (Entered: 02/08/2007) 63 MINUTES (IN CHAMBERS) by Judge John F. Walter: The Court, on its own motion, Resetting Hearing as to Vantagepoint Defendants' Motion to Dismiss Plaintiff's Second Amended Class Action Complaint 34 , Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward Christopher Lipp,
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02/08/2007 02/05/2007

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CM/ECF - California Central District

12/13/11 8:18 AM

Richard Rosenblatt, James Quandt and William Woodward's Motion to Dismiss Second Amended Complaint 31 , and Defendants Montgomery & Co., LLC, Thomas Weisel Partners, LLC and Thomas Weisel Partners Group, Inc. Motion to Dismiss Plaintiff's Second Amended Complaint 30 ; Motion hearings continued to 2/26/2007 at 01:30 PM before Judge John F. Walter. Court Reporter: None Present. (gk, ) (Entered: 02/06/2007) 01/22/2007 62 DECLARATION of Julie A. Shepard in response re Telephone Conference,,,, Resetting Motion and R&R Deadlines,,, 58 filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Bradley G Ward. (bp, ) (Entered: 01/30/2007) 61 DECLARATION of James Kramerin Response to the Court's Order of Janiary 16, 2007, 58 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners. (shb, ) (Entered: 01/29/2007) 60 DECLARATION of James Kramer in Response to the court's Order of January 16, 2007, 58 filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners. (shb, ) (Entered: 01/29/2007) 59 DECLARATION of Randall J Baron pursuant to 1/16/07 Court Order 58 filed by Plaintiff Jim Brown. (jj, ) (Entered: 01/29/2007) 58 MINUTES OF Telephonic Status Conference held before Judge John F. Walter: The Court continues the following motions set for hearing on 1/22/2007, Resetting hearing as to VantagePoint Defendants' Motion to Dismiss Plaintiff's Second Amended Class Action Complaint 34 ; Defendant Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt and William Woodward's Motion to Dismiss Plaintiff's Second Amended Complaint, Joinder in Motions to Dismiss 31 ; and Defendant Montgomery Co., LLC, Thomas Weisel Partners, LLC, and Thomas Weisel Partners Group, LLC's Motion to Dismiss Plaintiff's Second Amended Complaint and Joinder in Intermix Defendants' Motion to Dismiss 30 , Motion hearings continued to 2/12/2007 at 01:30 PM before Judge John F. Walter. Counsel shall file their declarations, as directed by the Court, on or before 1/22/2007. Court Reporter: Victoria Valine. (gk, ) (Entered: 01/17/2007) 57 Set Hearings: IN CHAMBERS ORDER by Judge John F. Walter: ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. COUNSEL ARE HEREBY NOTIFIED that the above matter is set on the Court's calendar for a telephonic status conference on January 16, 2007, at 10:00 a.m. Counsel responsible for the conduct and trial of the above case shall appear via telephone. Plaintiff is directed to initiate the conference call by making sure all parties are on the line prior to contacting chambers at: (213) 894-0112. Court Reporter: None. (sr, ) (Entered: 01/12/2007) 52 STIPULATION AND ORDER by Judge John F. Walter Resetting Hearing as to Defendants' Motions to Dismiss the Second Amended Complaint 30 , 31 , 34 ; Motion hearings continued to 1/22/2007 at 01:30 PM before Judge John F. Walter.(gk, ) (Entered: 12/14/2006)
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12/13/2006

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12/07/2006

56 AMENDED PROOF OF SERVICE filed by Defendants Thomas Weisel Partners, LLC, Thomas Weisel Group, Inc. and Montgomery & Co., LLC of Defendants' Joint Reply to Plaintiff's Opposition to Motion to dismiss Count 2 (2005 Proxy) 55 , Joint Reply Brief in Support of Defendants' Motion to Dismiss Count 1 and 3 54 and Reply in Support of Motion to Dismiss 53 , served on 12/6/2006. (gk, ) (Entered: 12/19/2006) 55 JOINT REPLY to Plaintiff's Opposition to Motion to Dismiss Count 2 (2005 Proxy) 30 , 31 , 34 filed by Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), VantagePoint Venture Partners IV, L.P., VantagePoint Venture Partners IV Principals Fund, L.P., Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt, William Woodward, Thomas Weisel Partners, LLC, Thomas Weisel Group, Inc. and Montgomery & Co., LLC. (gk, ) (Entered: 12/18/2006) 54 JOINT REPLY BRIEF in Support of Defendants' Motion to Dismiss Count 1 and 3 30 , 31 , 34 filed by Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), VantagePoint Venture Partners IV, L.P., VantagePoint Venture Partners IV Principals Fund, L.P., Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt, William Woodward, Thomas Weisel Partners, LLC, Thomas Weisel Group, Inc. and Montgomery & Co., LLC. (gk, ) (Entered: 12/18/2006) 53 REPLY in Support of Motion to Dismiss 30 filed by Defendants Thomas Weisel Partners, LLC, Thomas Weisel Group, Inc. and Montgomery & Co., LLC. (gk, ) (Entered: 12/18/2006) 51 OPPOSITION to Defendants Montgomery Co., LLC, Thomas Weisel Partners, LLC, and Thomas Weisel Partners Group, LLC's Motion to Dismiss the Second Amended Complaint 30 filed by Plaintiff Jim Brown (Brief 3 of 3). (gk, ) (Entered: 12/07/2006) 50 OPPOSITION to Intermix Defendants' Motion to Dismiss the Second Amended Complaint 31 filed by Plaintiff Jim Brown (Brief 2 of 3). (gk, ) (Entered: 12/07/2006) 49 OPPOSITION to VantagePoint Defendants' Motion to Dismiss the Second Amended Class Action Complaint 34 filed by Plaintiff Jim Brown (Brief 1 of 3). (gk, ) (Entered: 12/07/2006) 48 DECLARATION of DAVID T. WISSBROECKER in support of Joint Stipulation and Proposed order regarding briefing schedule on defendants MOTIONS to Dismiss 30 30 31 , 34 filed by plaintiff Jim Brown. (jp) (Entered: 12/05/2006) ***Terminated OSC deadlines re 38 . (gk, ) (Entered: 11/15/2006) 45 MINUTES (IN CHAMBERS) DISCHARGE OF ORDER TO SHOW CAUSE RE SANCTIONS by Judge John F. Walter: The Court deems that Plaintiff's Response to
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the Order to Show Cause re Sanctions filed 10/27/2006 is satisfactory, and orders the Order to Show Cause 38 discharged. Court Reporter: None Present. (gk, ) (Entered: 11/15/2006) 11/06/2006 46 DEFENDANTS' JOINT RESPONSE to Declaration of Davit T. Wissbroecker Submitted in Response to the Court's Order Issued 10/23/2006 39 filed by Defendants Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt, William Woodward, Thomas Weisel Partners, LLC, Thomas Weisel Partners Group, Inc., Montgomery & Co, LLC, David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. (gk, ) (Entered: 11/20/2006) 44 DECLARATION of David T. Wissbroecker Submitted in Response filed by Plaintiff Jim Brown to the Court's Order Issued 10/23/2006 39 . (gk, ) (Entered: 11/10/2006) 43 DECLARATION of James N. Kramer in Response filed by Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. to Order to Show Cause 38 . (gk, ) (Entered: 11/08/2006) 41 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter: Set Deadlines/Hearings: Jury Trial (estimated 7 days) set for 10/30/2007 08:30 AM before Judge John F. Walter. Hearing on Motions in Limine; Hearing on Disputed Jury Instructions 10/19/2007. Final Pretrial Conference set for 10/12/2007 10:00 AM before Judge John F. Walter. File Proposed Voir Dire Questions and Agreed-to Statement of Case 10/12/2007. Proposed Pretrial Order due by 9/28/2007. Motions in Limine to be filed by 9/28/2007. Memo of Contentions of Fact and Law; Pre-Trial Exhibit Stipulation; summary of Witness Testimony and Time Estimates; File Agreed Upon Set of Jury Instructions and Verdict Forms; File Joint Statement re Disputed Instructions, Verdicts, etc. 9/28/2007. Status Report re Settlement due by 9/28/2007. Last day for hearing motions 9/10/2007 at 1:30 PM. Discovery cut-off 9/3/2007. Last date to conduct settlement conference is 7/5/2007. Last day to file Joint Report re results of Settlement Conference 7/12/2007.(gk, ) (Entered: 10/25/2006) 40 ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge John F. Walter, case ordered to a private mediator to be completed no later than 7/5/2007.(gk, ) (Entered: 10/25/2006) 39 MINUTES OF Scheduling Conference held before Judge John F. Walter: ADR-12 is signed and filed. Court ordered the dates as indicated on Scheduling and Case Management Order filed today. Counsel served with Scheduling and Case Management Order on this date. Plaintiff shall file a declaration by 10/30/2006 in accordance with the Court's comments as stated on the record. Defense counsel shall file any response by 11/6/2006. Court Reporter: Victoria Valine. (gk, ) (Entered: 10/24/2006) 38 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS FOR
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FAILURE TO APPEAR AT SCHEDULING CONFERENCE by Judge John F. Walter: Mr. James N. Kramer is ordered to show cause, in writing, why sanctions should not be imposed against him for failure to appear at the Scheduling Conference on 10/23/2006, Set Deadlines: Response to Order to Show Cause due by 10/31/2006. No oral argument will be heard unless otherwise ordered by the Court. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Court Reporter: None Present. (gk, ) (Entered: 10/24/2006) 10/19/2006 42 PROOF OF SERVICE filed by Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. of Notice of Motion and Motion to Dismiss Plaintiff's Second Amended Class Action Complaint 34 , Memorandum of Points and Authorities in Support of Motion 35 , Request for Judicial Notice (Set 1 of 2) 36 , Request for Judicial Notice (Set 2 of 2) 37 , and Proposed Order, served on 10/19/2006. (gk, ) (Entered: 11/02/2006) 37 REQUEST FOR JUDICIAL NOTICE in Support of Motion to Dismiss Plaintiff's Second Amended Class Action Complaint 34 filed by VantagePoint Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. Volume 2 of 2, Exhibits AA-FFF. (gk, ) (Entered: 10/20/2006) 36 REQUEST FOR JUDICIAL NOTICE in Support of Motion to Dismiss Plaintiff's Second Amended Class Action Complaint 34 filed by VantagePoint Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. Volume 1 of 2, Exhibits A-Z. (gk, ) (Entered: 10/20/2006) 35 MEMORANDUM of Points and Authorities in Support of Motion to Dismiss Plaintiff's Second Amended Class Action Complaint 34 filed by VantagePoint Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. (gk, ) (Entered: 10/20/2006) 34 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Class Action Complaint filed by VantagePoint Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. Motion set for hearing on 12/18/2006 at 01:30 PM before Judge John F. Walter. Lodged Proposed Order. (gk, ) (Entered: 10/20/2006) 33 REQUEST FOR JUDICIAL NOTICE REQUEST FOR JUDICIAL NOTICE in Support of Motions to Dismiss the Second Amended Complaint 31 , 30 filed by The Intermix Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell,
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Bradley Ward Christopher Lipp, Richard Rosenblatt, James Quandt and William Woodward and Investment Bank Defendants Montgomery & Co, LLC, Thomas Weisel Partners, LLC, Thomas Weisel Partners Group, Inc. [Volume 2 of 2] (gk, ) (Entered: 10/20/2006) 10/19/2006 32 REQUEST FOR JUDICIAL NOTICE REQUEST FOR JUDICIAL NOTICE in Support of Motions to Dismiss the Second Amended Complaint 31 , 30 filed by The Intermix Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward Christopher Lipp, Richard Rosenblatt, James Quandt and William Woodward and Investment Bank Defendants Montgomery & Co, LLC, Thomas Weisel Partners, LLC, Thomas Weisel Partners Group, Inc. [Volume 1 of 2] (gk, ) (Entered: 10/20/2006) 31 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint; Notice of Joinder and Joinder in Motions to Dismiss of Investment Banks Defendants 30 and VantagePoint Defendants filed by Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward Christopher Lipp, Richard Rosenblatt, James Quandt and William Woodward; memorandum of points and authorities in support of motion to dismiss. Motion set for hearing on 12/18/2006 at 01:30 PM before Judge John F. Walter. Lodged Proposed Order. (gk, ) (Entered: 10/20/2006) 30 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint; Notice of Joinder and Joinder in Intermix Defendants' Motion to Dismiss filed by Defendants Montgomery & Co., LLC, Thomas Weisel Partners, LLC and Thomas Weisel Partners Group, Inc.; memorandum of points and authorities. Motion set for hearing on 12/18/2006 at 01:30 PM before Judge John F. Walter. Lodged Proposed Order. (gk, ) (Entered: 10/20/2006) 29 JOINT SCHEDULING CONFERENCE REPORT Pursuant to Federal Rule of Civil Procedure 26(f) filed; no estimated length of trial. (gk, ) (Entered: 10/20/2006) 28 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Thomas Weisel Partners Group Inc. and Thomas Weisel Partners LLC. (gk, ) (Entered: 10/17/2006) 27 CRETIFICATION AND NOTICE of Interested Parties filed by Defendant Montgomery & Co., LLC. (gk, ) (Entered: 10/17/2006) 26 MINUTES (IN CHAMBERS) by Judge John F. Walter: On 9/19/2006, the Court appointed Jim and Carrie Brown as lead plaintiffs and approved their selection of lead counsel. On 9/27/2006, Jim Brown filed a Second Amended Complaint. Although Carrie Brown as appointed as lead plaintiff along with Jim Brown, Carrie Brown was not named as a Plaintiff in the Second Amended Complaint. Accordingly, the Court vacates the 9/19/2006 Order 20 appointing Carrie Brown as lead plaintiff. Court Reporter: None Present. (gk, ) (Entered: 10/05/2006) 25 SECOND AMENDED COMPLAINT against Defendants Brett C. Brewer, Daniel L. Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, David S. Carlick, Andrew Sheehan, Christopher S. Lipp, Richard Rosenblatt, James Quandt, William
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Woodward, Thomas Weisel Partners Group, Inc., Thomas Weisel Partners LLC, Montgomery & Co., LLC and Vantagepoint Venture Partners; amending Amended Complaint 13 ; filed by Plaintiff Jim Brown. (gk, ) (Entered: 10/05/2006) 09/22/2006 24 AMENDED PROOF OF SERVICE filed by Defendants Brett C. Brewer, Daniel L. Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, Christopher S. Lipp, Richard Rosenblatt, James Quandt and William Woodward re Notice of Entry of Order Regarding Plaintiff's Request for Leave to File Second Amended Complaint, and Defendant's Time to Respond 23 , was served on 9/22/2006. (gk, ) (Entered: 09/27/2006) 23 NOTICE of Entry of Order Regarding Plaintiff's Request for Leave to File Second Amended Complaint, and Defendant's Time to Respond filed by Defendants Brett C. Brewer, Daniel L. Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, Christopher S. Lipp, Richard Rosenblatt, James Quandt and William Woodward. (gk, ) (Entered: 09/26/2006) 20 ORDER by Judge John F. Walter that Jim and Carrie Brown's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel 14 is granted. The Court hereby determines that Jim and Carrie Brown are the "most adequate plaintiff" and are appointed Lead Plaintiff. Lead Plaintiff's selection of lead counsel is approved. Lerach Coughlin Stoia Geller Rudman & Robbins LLP is approved as Lead Counsel for the class. (gk, ) (Entered: 09/20/2006) 19 MINUTES (IN CHAMBERS) by Judge John F. Walter: Plaintiffs Jim and Carrie Brown's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel 14 is granted. Plaintiffs' Proposed Order Appointing Jim and Carrie Brown as Lead Plaintiff and Approving Selection of Lead Counsel is signed by the Court. Court Reporter: None Present. (gk, ) (Entered: 09/20/2006) 22 NOTICE OF UNOPPOSED MOTION for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel 14 filed by plaintiff Jim Brown. (jp) (Entered: 09/25/2006) 21 NOTICE OF ENTRY of Order filed by plaintiff Jim Brown. (jp) (Entered: 09/25/2006) 17 JOINT STIPULATION AND ORDER by Judge John F. Walter that Plaintiffs are granted leave to and shall file and serve a Second Amended Complaint no later than one (1) week after the appointment of lead plaintiffs and lead plaintiffs counsel, or by October 16, 2006, whichever is sooner; Defendants shall have fifteen (15) Court days from service of the Second Amended Complaint to answer, move or otherwise respond to its. Should any defendant move to dismiss or make any other motion in response to the Second Amended Complaint, plaintiff shall have eighteen (18) Court days after the service of that motion to file an opposition. Defendants shall have ten (10) Court days after the service of that opposition to file a reply. The parties shall meet and confer on a hearing date that shall be scheduled on a date and time convenient for the Court and at least ten (10) Court days after service of defendants replies; and No defendant need answer, move otherwise respond to the Amended Complaint, and all due dates for said responses are hereby vacated. (jp) (Entered:
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09/18/2006) 09/14/2006 18 STIPULATION AND ORDER by Judge John F. Walter Extending Time to Respond to First Amended Complaint 13 ; Defendants Thomas Weisel Partners Group Inc. answer or response due 10/13/2006; Thomas Weisel Partners LLC answer or response due 10/13/2006. (gk, ) (Entered: 09/19/2006) FAX number for Attorney Richard L Stone is 310-785-4601. (gk, ) (Entered: 09/19/2006) 16 DECLARATION of RAMZI ABADOU in support of Jim and Carrie Brown MOTION for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel 14 filed by plaintiff Jim Brown. (jp) (Entered: 09/07/2006) 15 MEMORANDUM of Points and Authorities in Support of Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel 14 filed by Plaintiffs Jim and Carrie Brown. (gk, ) (Entered: 09/06/2006) 14 NOTICE OF MOTION AND MOTION for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel filed by Plaintiffs Jim and Carrie Brown. Motion set for hearing on 9/25/2006 at 01:30 PM before Judge John F. Walter. (gk, ) (Entered: 09/06/2006) Issued 20-Day Summons re Amended Class Action Complaint 13 . (gk, ) (Entered: 08/29/2006) 13 AMENDED CLASS ACTION COMPLAINT against Defendants Brett C. Brewer, Daniel L. Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, David S. Carlick, Andrew Sheehan, Christopher S. Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Thomas Weisel Partners Group, Inc., Thomas Weisel Partners LLC and Montgomery & Co., LLC; amending Complaint 1 ;,filed by Plaintiff Jim Brown. (gk, ) (Entered: 08/29/2006) 11 MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter: Set Deadlines/Hearings: Scheduling Conference set for 10/23/2006 08:30 AM before Judge John F. Walter. Joint Rule 26(f) Report and ADR Pilot Program Questionnaire due by 10/13/2006. Plaintiff's counsel is directed to give notice of the scheduling conference to all parties that have appeared in this action, and is directed to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date. Court Reporter: None Present. (gk, ) (Entered: 08/21/2006) 12 FIRST STIPULATION Extending Time to Answer the complaint. David S Carlick answer due 9/18/2006; Andrew Sheehan answer due 9/18/2006; Vantagepoint Venture Partners answer due 9/18/2006. filed by plaintiff Jim Brown. (yc, ) (Entered: 08/23/2006) 10 DENIED BY ORDER of Judge John F. Walter Amended Stipulation Regarding Defendants' Time to Respond to Complaint. DENIED - no showing of good cause.(gk, ) (Entered: 08/09/2006)

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9 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Brett C. Brewer, Daniel L. Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, Christopher S. Lipp, Richard Rosenblatt, James Quandt and William Woodward, indicating that Intermix Media, Inc. and News Corporation have agreed to defend and indemnify above named defendants in this litigation. Intermix Media, Inc., is a wholly owned subsidiary of Fox Interactive Media, Inc., which is a wholly owned subsidiary of News Corporation. (gk, ) (Entered: 08/07/2006) 8 ORDER DENYING STIPULATION AND ORDER REGARDING DEFENDANT'S Time to Respond by Judge John F. Walter,(yl, ) (Entered: 07/27/2006) 7 CERTIFICATION of Interested Parties filed by Defendants David S. Carlick, Andrew Sheehan and Vantagepoint Venture Partners. (gk, ) (Entered: 07/21/2006) 6 STANDING ORDER: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN RESPECT FROM THE LOCAL RULES. Both the Court and counsel bear responsibility for the progress of litigation in Federal Court. To secure the just, speed, and inexpensive determination of every action, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedures and the Local Rules of the Central District of California. (See document for further details) by Judge John F. Walter. (ir, ) (Entered: 07/03/2006) 5 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. Transfer of case declined by Judge George H. King, for the reasons set forth on this order. Related Case No. CV 03-3272 GHK (JTLx)(rn, ) (Entered: 06/27/2006) PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 03-3272 GHK (JTLx). (rn, ) (Entered: 06/23/2006) 4 NOTICE of Related Case(s) filed by Plaintiff Jim Brown. Related Case(s): CV 035603 GHK (JTLx) (rn, ) (Entered: 06/23/2006) FAX number for Attorney Christy W Goodman, Molly Roff-Sheridan is 619-2369240. (rrey, ) (Entered: 06/21/2006) 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) (Entered: 06/21/2006) 2 CERTIFICATION AS TO Interested Parties filed by Plaintiff Jim Brown. (rrey, ) (Entered: 06/21/2006) 20 Day Summons Issued re Complaint - (Discovery) 1 as to David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward. (rrey, ) (Entered: 06/21/2006) 1 COMPLAINT against defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward.(Filing fee $ 350) Jury Demanded. , filed by plaintiff Jim
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Brown.(rrey, ) (Entered: 06/21/2006)

PACER Service Center
Transaction Receipt
12/13/2011 08:18:03 PACER Login: Description: Billable Pages: so2854 Docket Report 30 Client Code: Search Criteria: Cost: 2:06-cv-03731-GHK -SH End date: 12/13/2011 2.40

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