united states district court eastern district of pennsylvania (philadelphia) civil...

US District Court Civil Docket as of April 16, 2014 Retrieved from the court on April 17, 2014

United States District Court Eastern District of Pennsylvania (Philadelphia)

CIVIL DOCKET FOR CASE #: 2:09-cv-04730-CMR

Date Filed: 10/14/2009 Date Terminated: 02/28/2014 Jury Demand: None Nature of Suit: 850 Other Statutes: Securities/Commodities Jurisdiction: Federal Question

WESTERN PA. ELECTRICAL EMPLOYEES PENSION FUND, ET. AL. V. D. ALTER, ET. AL. Assigned to: HONORABLE CYNTHIA M. RUFE all others Case: 2:10-cv-03621-CMR related Case: 2:13-cv-03361-CMR Cause: 28:1331 Fed. Question: Securities Violation

Special Master

ESQUIRE DAVID H. MARION represented by DAVID H. MARION ARCHER & GRIENER ONE LIBERTY PLACE 1650 MARKET STREET 32ND FLOOR PHILADELPHIA, PA 19103 215-963-3300 Fax: 215-963-9999 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by ASHLEY M. PRICE ROBBINS GELLER RUDMAN & DOWD LLP 655 WEST BROADWAY SUITE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

DOUGLAS R. BRITTON ROBBINS GELLER RUDMAN & DOWD LLP 655 W. BROADWAY SUITE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected]

Lead Plaintiff

WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND

LEAD ATTORNEY ATTORNEY TO BE NOTICED

JAMES A. CAPUTO ROBBINS GELLER RUDMAN & DOWD LLP 655 WEST BROADWAY SUITE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

JEFFREY D. LIGHT COUGHLIN STOIA GELLER RUDMAN ROBBINS LLP 655 WEST BROADWAY STE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

SHANNON MCKENNA MATERA ROBBINS GELLER RUDMAN & DOWD LLP 655 WEST BROADWAY SUITE 1900 SAN DIEGO, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] TERMINATED: 02/22/2012 LEAD ATTORNEY

DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC 100 PENN SQUARE EAST JOHN WANAMAKER BLDG , SUITE 450 PHILADELPHIA, PA 19107 215-561-3600 Fax: 215-561-3000 Email: [email protected] ATTORNEY TO BE NOTICED

SUSANNAH R. CONN ROBBINS GELLER RUDMAN & DOWD LLP

655 W. BROADWAY SUITE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

STEAMFITTERS LOCAL 449 PENSION FUND INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED

represented by DANIELLE S. MYERS ROBBINS GELLER RUDMAN & DOWD LLP 655 WEST BROADWAY SUITE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

DEBORAH R. GROSS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

DOUGLAS R. BRITTON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

SHANNON MCKENNA MATERA (See above for address) TERMINATED: 02/22/2012 LEAD ATTORNEY

V.

Defendant

ADVANTA CORP. represented by GEORGE M. GOWEN , III TERMINATED: 12/23/2009

COZEN O'CONNOR 1900 MARKET STREET PHILADELPHIA, PA 19103 215-665-2000 Fax: 215-665-2013 Email: [email protected] TERMINATED: 01/27/2010

JEFFREY ROBERT BOLES DECHERT LLP CIRA CENTRE 2929 ARCH ST PHILADELPHIA, PA 19104

215-994-2284 Email: [email protected] TERMINATED: 11/06/2009

JEFFREY G. WEIL COZEN O'CONNOR 1900 MARKET STREET PHILADELPHIA, PA 19103 215-665-5582 Email: [email protected] TERMINATED: 12/23/2009

MICHAEL L. KICHLINE DECHERT LLP 2929 ARCH ST. PHILA, PA 19104 TEL 215-994-2439 Fax: FAX 215-994-2222 Email: [email protected] TERMINATED: 11/05/2009

SARAH L. WYATT DECHERT LLP 2929 ARCH STREET CIRA CENTRE PHILADELPHIA, PA 19104 215-994-4000 Email: [email protected] TERMINATED: 11/06/2009

STEVEN B. FEIRSON DECHERT LLP 2929 ARCH STREET CIRA CENTRE PHILADELPHIA, PA 19104 215-994-2749 Email: [email protected] TERMINATED: 11/06/2009

TAMAR S. WISE COZEN O'CONNOR 1900 MARKET STREET PHILADELPHIA, PA 19103 215-665-5570 Email: [email protected] TERMINATED: 12/23/2009

Defendant

DENNIS ALTER represented by ALEXANDER BILUS DECHERT LLP

CIRA CENTRE 2929 ARCH ST PHILADELPHIA, PA 19104 215-994-2608 Email: [email protected] ATTORNEY TO BE NOTICED

DAVID J. STANOCH DECHERT LLP CIRA CENTRE 2929 ARCH ST PHILADELPHIA, PA 19104-2808 215-994-2812 Email: [email protected] ATTORNEY TO BE NOTICED

JEFFREY ROBERT BOLES (See above for address) TERMINATED: 06/29/2011

MATTHEW BLEICH COZEN O'CONNOR 1900 MARKET STREET PHILADELPHIA, PA 19103 215-665-6918 Email: [email protected] TERMINATED: 03/03/2011

MICHAEL L. KICHLINE (See above for address) ATTORNEY TO BE NOTICED

SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED

STEVEN B. FEIRSON (See above for address) ATTORNEY TO BE NOTICED

STUART T. STEINBERG DECHERT LLP CIRCA CENTRE 2929 ARCH ST PHILA, PA 19104-2808 215-994-4000 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

WILLIAM A. ROSOFF represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED

DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED


MATTHEW BLEICH (See above for address) TERMINATED: 03/03/2011




STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED

Defendant

PHILIP M. BROWNE represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED




MICHAEL L. KICHLINE

(See above for address) ATTORNEY TO BE NOTICED



STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED

Defendant

DAVID B. WEINSTOCK represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED

DAVID W. ENGSTROM LAW OFFICE OF DAVID W ENGSTROM 4000 TWO COMMERCE SQUARE 2001 MARKET ST PHILADELPHIA, PA 19103 215-375-7700 Email: [email protected] ATTORNEY TO BE NOTICED


JOHN S. EDWARDS , JR. AJAMIE LLP PENZOIL PLACE SOUTH TOWER 711 LOUISIANA SUITE 2150 HOUSTON, TX 77002 713-860-1600 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED


MICHAEL L. KICHLINE (See above for address)

ATTORNEY TO BE NOTICED



Defendant

CHRISTOPHER J. CARROLL represented by ANN RYAN ROBERTSON AJAMIE LLP PENNZOIL PLACE SOUTH TOWER 711 LOUISIANA STE 2150 HOUSTON, TX 77002 713-860-1600 Email: [email protected] (Inactive) ATTORNEY TO BE NOTICED

DAVID W. ENGSTROM (See above for address) ATTORNEY TO BE NOTICED

THOMAS R. AJAMIE AJAMIE LLP PENNZOIL PLACE-SOUTH TOWER 711 LOUISIANA SUITE 2150 HOUSTON, TX 77002 713-860-1600 Email: [email protected] ATTORNEY TO BE NOTICED

WALLACE A. SHOWMAN AJAMIE LLP 200 CABRINI BLVD. # 43 NEW YORK, NY 10033 212-928-7591 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

JOHN F. MOORE represented by DAVID L. COMERFORD AKIN GUMP STRAUSS HAUER & FELD LLP TWO COMMERCE SQ 2001 MARKET ST STE 4100 PHILADELPHIA, PA 19103 215-965-1200

Fax: 215-965-1210 Email: [email protected] ATTORNEY TO BE NOTICED

JEFFERY A. DAILEY AKIN GUMP STRAUSS HAUER & FELD LLP TWO COMMERCE SQ 2001 MARKET ST STE 4100 PHILADELPHIA, PA 19103 215-965-1325 Email: [email protected] ATTORNEY TO BE NOTICED

PAUL T. MCGURKIN , JR. AKIN GUMP STRAUSS HAUER & FELD LLP TWO COMMERCE SQ STE 4100 2001 MARKET ST PHILADELPHIA, PA 19103 215-965-1354 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

ROBERT S. BLANK represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED






STEVEN B. FEIRSON


Defendant

MAX BOTEL

represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED







Defendant

THOMAS P. COSTELLO represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED




MICHAEL L. KICHLINE




Defendant

DANA BECKER DUNN represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED







Defendant

RONALD LUBNER represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED


MATTHEW BLEICH

(See above for address) TERMINATED: 03/03/2011




Defendant

OLAF OLAFSSON represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED







Defendant

MICHAEL A. STOLPER represented by ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED

DAVID J. STANOCH







Date Filed # Docket Text

10/14/2009 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 010880.), filed by STEAMFITTERS LOCAL 449 PENSION FUND.(ks, ) (Additional attachment(s) added on 2/9/2012: # 1 Designation Form) (mls, ). (Entered: 10/15/2009)

10/14/2009 5 Summonses Issued as to ADVANTA CORP., DENNIS ALTER, WILLIAM A. ROSOFF, PHILIP M. BROWNE, DAVID B. WEINSTOCK. Forwarded To: Counsel on 10/14/09 (ks, ) (Entered: 10/15/2009)

10/14/2009 DEMAND for Trial by Jury by STEAMFITTERS LOCAL 449 PENSION FUND. (ks, ) (Entered: 10/15/2009)

10/20/2009 2 NOTICE of Appearance by JEFFREY ROBERT BOLES, SARAH L. WESTBROOK, MICHAEL L. KICHLINE, STEVEN B. FEIRSON on behalf of ADVANTA CORP., DENNIS ALTER, WILLIAM A. ROSOFF, PHILIP M. BROWNE, DAVID B. WEINSTOCK, Certificate of Service. (fdc) (Entered: 10/20/2009)

10/26/2009 3 WAIVER OF SERVICE Returned Executed by STEAMFITTERS LOCAL 449 PENSION FUND. ADVANTA CORP. waiver sent on 10/21/2009, answer due 12/21/2009. (GROSS, DEBORAH) (Entered: 10/26/2009)

10/26/2009 4 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by ADVANTA CORP..(BOLES, JEFFREY) (Entered: 10/26/2009)

11/05/2009 5 Substitution of Counsel. Withdrawal of Appearance by MICHAEL L. KICHLINE, ESQ. on behalf of ADVANTA CORP., Entry of Appearance by JEFFREY G. WEIL on behalf of ADVANTA CORP., Certificate of Service. (fdc) (Entered: 11/06/2009)

11/06/2009

6 Withdrawal of Appearance by JEFFREY ROBERT BOLES, STEVEN B. FEIRSON, SARAH L. WESTBROOK on behalf of Defendant Advanta Corp., certificate of service.(fdc) (Entered: 11/06/2009)

11/06/2009

7 NOTICE of Appearance by TAMAR S. WISE, GEORGE M. GOWEN, III on behalf of ADVANTA CORP., Certificate of Service. (fdc) (Entered: 11/09/2009)

11/09/2009 8 SUGGESTION OF BANKRUPTCY by ADVANTA CORP. under Chapter Number 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware filed under case number 09-13931 to 09-13945 (KJC) . (GOWEN, GEORGE) (Entered: 11/09/2009)

12/14/2009

12/15/2009

12/23/2009

9 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Declaration of Deborah R. Gross, # 3 Exhibit A to Gross Decl, # 4 Exhibit B to Gross Decl., # 5 Exhibit C to Gross Decl., # 6 Exhibit D to Gross Decl., # 7 Exhibit E to Gross Decl., # 8 Text of Proposed Order)(GROSS, DEBORAH) (Entered: 12/14/2009)

10 ORDER THAT COUNSEL FOR PLAINTIFF SHALL SHOW CAUSE BY 12/29/09 AS TO WHY THIS CASE SHOULD NOT BE STAYED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/15/09. 12/15/09 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 12/15/2009)

11 NOTICE by STEAMFITTERS LOCAL 449 PENSION FUND, WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND re 10 Order, Set Deadlines Notice of Voluntary Dismissal Without Prejudice of Defendant Advanta Corporation and Response to December 15, 2009 Order to Show Cause Why Case Should Not Be Stayed . Certificate of Service. (GROSS, DEBORAH) Modified on 12/24/2009 (lisad, ). (Entered: 12/23/2009)

01/07/2010 12 MOTION to Consolidate Cases filed by DENNIS ALTER, WILLIAM A. ROSOFF, PHILIP M. BROWNE, DAVID B. WEINSTOCK.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(BOLES, JEFFREY) (Entered: 01/07/2010)

01/15/2010 13 Douglas R. Britton, Esq.'s Application to practice in this court pursuant to LRCP 83.5.2(b) (Pro Hac Vice) on behalf of STEAMFITTERS LOCAL 449 PENSION FUND, Statement, Certificate of Service ($40 Filing Fee Pd. - Receipt# PPE16061). (fdc) (Entered: 01/15/2010)

01/20/2010 14 ORDER THAT THE APPLICATION OF ATTORNEY DOUGLAS R. BRITTON, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/20/10. 1/21/10 ENTERED AND COPIES MAILED AND E-MAILED.(kk, ) (Entered: 01/21/2010)

02/01/2010

15 STIPULATION AND ORDER THAT PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT ("AMENDED COMPLAINT") SHALL BE FILED NO LATER THAN 60 DAYS AFTER THE DATE ON WHICH THE COURT APPOINTS A LEAD PLAINTIFF IN THIS ACTION. DEFENDANTS' MOTION TO DISMISS SHALL BE FILED NO LATER THAN 60 DAYS AFTER THE FILING OF THE AMENDED COMPLAINT. PLAINTIFF'S OPPOSITION TO DEFENDANTS'

MOTION TO DISMISS SHALL BE FILED NO LATER THAN 45 DAYS AFTER THE FILING OF THE MOTION TO DISMISS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/1/10. 2/2/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 02/02/2010)

02/01/2010

16 STIPULATION AND ORDER THAT ANY RESPONSE TO DEFENDANTS' CONSOLIDATION MOTION SHALL NOW BE FILED ON OR BEFORE TUESDAY, 2/16/10. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/1/10. 2/2/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 02/02/2010)

02/04/2010 17 NOTICE of Appearance by SHANNON MCKENNA MATERA on behalf of STEAMFITTERS LOCAL 449 PENSION FUND with Certificate of Service(MATERA, SHANNON) (Entered: 02/04/2010)

02/16/2010

03/01/2010

03/19/2010

03/31/2010

18 STIPULATION AND ORDER THAT ANY RESPONSE TO DEFENDANTS' CONSOLIDATION MOTION SHALL NOW BE FILED ON OR BEFORE FRIDAY, 2/26/10. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/16/10. 2/16/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 02/17/2010)

19 STIPULATION AND ORDER THAT ANY RESPONSE TO DEFENDANTS' CONSOLIDATION MOTION SHALL NOW BE FILED ON OR BEFORE FRIDAY, 3/19/10. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/24/10. 3/1/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 03/01/2010)

20 NOTICE by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK re 12 MOTION to Consolidate Cases Notice of Withdrawal of Motion (BOLES, JEFFREY) (Entered: 03/19/2010)

21 NOTICE by STEAMFITTERS LOCAL 449 PENSION FUND of Firm Name Change (MYERS, DANIELLE) (Entered: 03/31/2010)

06/04/2010 22 ORDER THAT THE MOTION IS GRANTED. PURSUANT TO 15 USC SECTION 78U-4(A)(3)(B), WESTERN PA. ELECTRICAL EMPLOYEES PENSION FUND IS APPOINTED LEAD PLAINTIFF FOR THE CLASS; AND PURSUANT TO 15 USC SECTION 78U-4(A)(3)(B)(V), LEAD PLAINTIFF'S SELECTION OF COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP AS LEAD COUNSEL AND THE LAW OFFICES OF BERNARD M. GROSS, P.C. AS LIAISON COUNSEL IS APPROVED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/4/10. 6/4/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 06/04/2010)

06/04/2010

08/03/2010

23 STIPULATION AND ORDER REGARDING CASE MANAGEMENT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/4/10. 6/4/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 06/04/2010)

24 AMENDED COMPLAINT against DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK, CHRISTOPHER J. CARROLL, JOHN F. MOORE, ROBERT S. BLANK, MAX BOTEL, THOMAS P. COSTELLO, DANA BECKER DUNN, RONALD LUBNER, OLAF OLAFSSON, MICHAEL A. STOLPER, filed by STEAMFITTERS LOCAL 449 PENSION FUND, jury demand, declaration of service by mail.(fdc, ) (Entered: 08/04/2010)

08/04/2010 Nine (9) Summonses Issued as to DANA BECKER DUNN, ROBERT S. BLANK,

MAX BOTEL, CHRISTOPHER J. CARROLL, THOMAS P. COSTELLO, RONALD LUBNER, JOHN F. MOORE, OLAF OLAFSSON, MICHAEL A. STOLPER. Forwarded To: Shannon M. Matera on 8/3/10. (fdc) (Entered: 08/04/2010)

08/04/2010

08/25/2010

08/27/2010

25 WAIVER OF SERVICE Returned Executed by STEAMFITTERS LOCAL 449 PENSION FUND. DANA BECKER DUNN waiver sent on 8/4/2010, answer due 10/4/2010; ROBERT S. BLANK waiver sent on 8/4/2010, answer due 10/4/2010; MAX BOTEL waiver sent on 8/4/2010, answer due 10/4/2010; THOMAS P. COSTELLO waiver sent on 8/4/2010, answer due 10/4/2010; RONALD LUBNER waiver sent on 8/4/2010, answer due 10/4/2010; OLAF OLAFSSON waiver sent on 8/4/2010, answer due 10/4/2010; MICHAEL A. STOLPER waiver sent on 8/4/2010, answer due 10/4/2010. (GROSS, DEBORAH) (Entered: 08/04/2010)

26 WAIVER OF SERVICE Returned Executed by STEAMFITTERS LOCAL 449 PENSION FUND. JOHN F. MOORE waiver sent on 8/17/2010, answer due 10/18/2010. (GROSS, DEBORAH) (Entered: 08/25/2010)

27 WAIVER OF SERVICE Returned Executed by STEAMFITTERS LOCAL 449 PENSION FUND. CHRISTOPHER J. CARROLL waiver sent on 8/17/2010, answer due 10/18/2010. (GROSS, DEBORAH) (Entered: 08/27/2010)

09/10/2010

28 NOTICE of Appearance by DAVID L. COMERFORD on behalf of JOHN F. MOORE with Certificate of Service(COMERFORD, DAVID) (Entered: 09/10/2010)

09/10/2010

29 NOTICE of Appearance by JEFFERY A. DAILEY on behalf of JOHN F. MOORE with Certificate of Service(DAILEY, JEFFERY) (Entered: 09/10/2010)

09/21/2010 30 Entry of Appearance of Steven B. Feirson, Michael L. Kichline, Sarah L. Westbrook, and Jeffrey R. Boles as attorneys of record on behalf of Defendants Robert S. Blank, Max Botel, Thomas P. Costello, Dana Becker Dunn, Ronald Lubner, Olaf Olafsson, and Michael A. Stolper, Certificate of Service. (fdc) (Entered: 09/22/2010)

09/21/2010 31 STIPULATION AND ORDER THAT THE TIME FOR DEFENDANTS DANA BECKER DUNN, ROBERT S. BLANK, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, MICHAEL A. STOLPER TO RESPOND TO THE CONSOLIDATED COMPLAINT ARE DUE ON 10/18/10. DEFENDANTS' MOTION(S) TO DISMISS IS DUE ON 10/18/10. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/21/10. 9/22/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 09/22/2010)

10/11/2010 32 MOTION for Clarification Relating To Page Limits filed by DENNIS ALTER.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(WESTBROOK, SARAH) (Entered: 10/11/2010)

10/11/2010 33 RESPONSE in Opposition re 32 MOTION for Clarification Relating To Page Limits filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (Attachments: # 1 Text of Proposed Order)(MATERA, SHANNON) (Entered: 10/11/2010)

10/13/2010 34 ORDER THAT A TELEPHONE CONFERENCE IS SET FOR 10/14/10 AT 4:00 PM BEFORE HONORABLE CYNTHIA M. RUFE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/12/10. 10/14/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 10/14/2010)

10/14/2010 35 NOTICE of Appearance by DAVID W. ENGSTROM on behalf of CHRISTOPHER J. CARROLL with Certificate of Service(ENGSTROM, DAVID) (Entered: 10/14/2010)

10/14/2010 36 MOTION for Pro Hac Vice of Ann Ryan Robertson filed by CHRISTOPHER J. CARROLL.Certificate of Service ($40 Filing Fee Pd. - Receipt# PPE31319).(ENGSTROM, DAVID) Modified on 10/19/2010 (fdc, ). (Entered: 10/14/2010)

10/14/2010 37 MOTION for Pro Hac Vice of Wallace A. Showman filed by CHRISTOPHER J. CARROLL.Certificate of Service ($40 Filing Fee Pd. - Receipt# PPE31319).(ENGSTROM, DAVID) Modified on 10/19/2010 (fdc, ). (Entered: 10/14/2010)

10/14/2010 38 ORDER THAT THE APPLICATION OF ANN RYAN ROBERTSON, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) (PRO HAC VICE) ON BEHALF OF CHRISTOPHER J. CARROLL IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/14/10. 10/15/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 10/15/2010)

10/14/2010 39 ORDER THAT THE APPLICATION OF WALLACE A. SHOWMAN, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) (PRO HAC VICE) ON BEHALF OF CHRISTOPHER J. CARROLL IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/14/10. 10/15/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 10/15/2010)

10/18/2010 40 ORDER THAT THE FOLLOWING PAGE LIMITS SHALL APPLY TO DEFENDANTS' MOTIONS TO DISMISS: 1. THE JOINT BRIEF IN SUPPORT OF A MOTION TO DISMISS ADDRESSING ISSUES COMMON TO ALL DEFENDANTS MUST BE NO LONGER THAN FIFTY (50) PAGES; 2. THE JOINT BRIEF IN SUPPORT OF THE MOTION TO DISMISS ADDRESSING ISSUES COMMON TO THE OUTSIDE DIRECTORS MUST BE NO LONGER THAN TWENTY-FIVE (25) PAGES; 3. THE BRIEF IN SUPPORT OF A MOTION TO DISMISS CLAIMS AGAINST DEFENDANT CARROLL SHALL NOT EXCEED TWENTY (20) PAGES; 4. THE BRIEF IN SUPPORT OF A MOTION TO DISMISS CLAIMS AGAINST DEFENDANT MOORE SHALL NOT EXCEED TWENTY (20) PAGES. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/15/10.10/18/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 10/18/2010)

10/18/2010 41 MOTION to Dismiss Amended Complaint filed by CHRISTOPHER J. CARROLL.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(ENGSTROM, DAVID) (Entered: 10/18/2010)

10/18/2010 42 MOTION to Dismiss Amended Complaint filed by JOHN F. MOORE.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A)(MCGURKIN, PAUL) (Entered: 10/18/2010)

10/18/2010 43 MOTION to Dismiss the Amended Complaint and Proposed Order filed by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK..(BLEICH, MATTHEW) (Entered: 10/18/2010)

10/18/2010 44 Brief in Support of MOTION to Dismiss the Amended Complaint filed by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK.Memorandum and Certificate of Service. (Attachments: # 1 Exhibit List, # 2 Exhibit 1A - 1E, # 3 Exhibit 2A - 2F, # 4 Exhibit 2G - 2L, # 5 Exhibit 3A - 3E, # 6 Exhibit 4 - 5C, # 7 Exhibit 6 - 7)(BLEICH, MATTHEW) Modified on 10/19/2010 (nd). (Entered: 10/18/2010)

10/18/2010 45

MOTION to Dismiss the Amended Complaint, Memorandum, Proposed Order, and Certificate of Service filed by DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, MICHAEL A. STOLPER.Memorandum and Certificate of Service. (Attachments: # 1 Motion and Proposed Order, # 2 Exhibit List, # 3 Exhibit 1A - 1G)(BLEICH, MATTHEW) (Entered: 10/18/2010)

10/29/2010 46 MOTION for Pro Hac Vice of Thomas R. Ajamie filed by CHRISTOPHER J. CARROLL.Certificate of Service.(ENGSTROM, DAVID) ($40 Filing Fee Pd. - Receipt# PPE 31942) Modified on 11/2/2010 (fdc). (Entered: 10/29/2010)

11/16/2010 47 ORDER THAT THE APPLICATION OF THOMAS R. AJAMIE, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/16/10.11/16/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 11/16/2010)

12/13/2010

12/13/2010

12/22/2010

48 STIPULATION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss Amended Complaint , 43 MOTION to Dismiss the Amended Complaint and Proposed Order, 41 MOTION to Dismiss Amended Complaint , 45 MOTION to Dismiss the Amended Complaint, Memorandum, Proposed Order, and Certificate of Service TO DEFENDANTS' MOTIONS TO DISMISS filed by STEAMFITTERS LOCAL 449 PENSION FUND.Certificate of Service.(GROSS, DEBORAH) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 12/13/2010 (nd, ). (Entered: 12/13/2010)

49 STIPULATION AND ORDER THAT THE FILING DEADLINE FOR PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT SHALL BE EXTENDED TO 12/21/10. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/13/10. 12/14/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 12/14/2010)

50 RESPONSE in Opposition re 45 MOTION to Dismiss the Amended Complaint, Memorandum, Proposed Order, and Certificate of Service , 48 STIPULATIO for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss Amended Complaint, 43 MOTION to Dismiss the Amended Complaint and Proposed Order, 41 MOTION to Dismiss Amended Complaint , 45 MOTION to DismissSTIPULATIO for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss Amended Complaint, 43 MOTION to Dismiss the Amended Complaint and Proposed Order, 41 MOTION to Dismiss Amended Complaint , 45 MOTION to DismissSTIPULATIO for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss Amended Complaint, 43 MOTION to Dismiss the Amended Complaint and Proposed Order, 41 MOTION to Dismiss Amended Complaint , 45 MOTION to Dismiss filed by STEAMFITTERS LOCAL 449 PENSION FUND. (Attachments: # 1 Text of Proposed Order)(GROSS, DEBORAH) (Entered: 12/22/2010)

12/22/2010 51 MOTION to Strike 43 MOTION to Dismiss the Amended Complaint and Proposed Order filed by STEAMFITTERS LOCAL 449 PENSION FUND.certificate of service. (Attachments: # 1 Text of Proposed Order)(GROSS, DEBORAH) (Entered: 12/22/2010)

12/23/2010

01/04/2011

01/13/2011

01/20/2011

52 NOTICE of Change of Address by DAVID W. ENGSTROM(ENGSTROM, DAVID) (Entered: 12/23/2010)

53 STIPULATION AND ORDER THAT DEFENDANTS' REQUEST FOR AN EXTENSION OF TIME UNTIL 1/20/11 TO RESPOND TO PLAINTIFF'S MOTION TO STRIKE IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/4/11. 1/5/11 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 01/05/2011)

54 STIPULATION AND ORDER TO EXCEED PAGE LIMIT. DEFENDANTS MAY EXCEED THE COURT'S TEN-PAGE LIMIT FOR REPLY BRIEFS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/13/11. 1/14/11 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 01/14/2011)

55 REPLY to Response to Motion re 41 MOTION to Dismiss Amended Complaint filed by CHRISTOPHER J. CARROLL. (ENGSTROM, DAVID) (Entered: 01/20/2011)

01/20/2011 56 REPLY to Response to Motion re 43 MOTION to Dismiss the Amended Complaint and Proposed Order and certificate of service filed by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK. (BLEICH, MATTHEW) (Entered: 01/20/2011)

01/20/2011 57 REPLY to Response to Motion re 45 MOTION to Dismiss the Amended Complaint, Memorandum, Proposed Order, and Certificate of Service with certificate of service filed by DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, MICHAEL A. STOLPER. (BLEICH, MATTHEW) (Entered: 01/20/2011)

01/20/2011 58 RESPONSE in Opposition re 51 MOTION to Strike 43 MOTION to Dismiss the Amended Complaint and Proposed Order and certificate of service filed by DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, CHRISTOPHER J. CARROLL, THOMAS P. COSTELLO, RONALD LUBNER, JOHN F. MOORE, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B. WEINSTOCK. (BLEICH, MATTHEW) (Main Document 58 replaced on 1/21/2011 with Chambers Permission) (nd, ). Modified on 1/21/2011 (nd, ). (Entered: 01/20/2011)

01/20/2011 59 REPLY to Response to Motion re 42 MOTION to Dismiss Amended Complaint filed by JOHN F. MOORE. (Attachments: # 1 Exhibit A)(MCGURKIN, PAUL) (Entered: 01/20/2011)

02/07/2011 60 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Telephone Conference held on 10/14/10 (fdc) (Entered: 02/08/2011)

03/03/2011 61 NOTICE of Withdrawal of Appearance by MATTHEW BLEICH on behalf of DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B.

I WEINSTOCK(BLEICH, MATTHEW) (Entered: 03/03/2011)

04/07/2011 62 NOTICE by STEAMFITTERS LOCAL 449 PENSION FUND re 50 Response in Opposition to Motion,,,, Notice of Recent Decision of the Supreme Court of the United States (MATERA, SHANNON) (Entered: 04/07/2011)

06/24/2011 63 NOTICE by STEAMFITTERS LOCAL 449 PENSION FUND re 50 Response in Opposition to Motion,,,, Notice of Supplemental Authority (MATERA, SHANNON) (Entered: 06/24/2011)

06/29/2011 64 NOTICE of Withdrawal of Appearance by JEFFREY ROBERT BOLES on behalf of DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B. WEINSTOCK(BOLES, JEFFREY) (Entered: 06/29/2011)

09/12/2011

65 ORDER THAT PLAINTIFF'S MOTION TO STRIKE IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/12/11. 9/13/11 ENTERED AND COPIES E-MAILED.(fdc) (Entered: 09/13/2011)

09/30/2011

66 MEMORANDUM AND OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/30/11. 9/30/11 ENTERED AND COPIES E-MAILED.(fdc) (Entered: 09/30/2011)

09/30/2011 67 MEMORANDUM AND ORDER THAT CHRISTOPHER C. CARROLL'S MOTION TO DISMISS IS GRANTED; JOHN F. MOORE'S MOTION TO DISMISS IS GRANTED; MANAGEMENT DEFENDANTS' MOTION TO DISMISS IS DENIED AS TO COUNTS I AND II, AND GRANTED AS TO COUNT III. OUTSIDE DIRECTOR DEFENDANTS' MOTION TO DISMISS IS GRANTED. PLAINTIFFS ARE GRANTED LEAVE TO FILE THE AMENDED COMPLAINT WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/30/11. 9/30/11 ENTERED AND COPIES E-MAILED.(fdc) (Entered: 09/30/2011)

12/08/2011 68 NOTICE of Appearance by ALEXANDER BILUS on behalf of DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK with Certificate of Service(BILUS, ALEXANDER) (Entered: 12/08/2011)

12/08/2011

12/08/2011

12/08/2011

12/08/2011

69 ANSWER to 24 Amended Complaint, by DENNIS ALTER.(BILUS, ALEXANDER) (Entered: 12/08/2011)

70 ANSWER to 24 Amended Complaint, by WILLIAM A. ROSOFF.(BILUS, ALEXANDER) (Entered: 12/08/2011)

71 ANSWER to 24 Amended Complaint, by PHILIP M. BROWNE.(BILUS, - ALEXANDER) (Entered: 12/08/2011)

72 ANSWER to 24 Amended Complaint, by DAVID B. WEINSTOCK.(BILUS, ALEXANDER) (Entered: 12/08/2011)

12/09/2011 73 MOTION for Order Motion for Entry ofPlaintiff's Proposed Scheduling Order filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND.. (Attachments: # 1 Text of Proposed Order)(MATERA, SHANNON) (Entered: 12/09/2011)

12/09/2011 74 Memorandum in Support re 73 MOTION for Order Motion for Entry of Plaintiff's Proposed Scheduling Order filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(MATERA, SHANNON) (Entered: 12/09/2011)

12/16/2011 75 SCHEDULING ORDER THAT A RULE 16 SCHEDULING CONFERENCE WILL BE HELD BY TELEPHONE CONFERENCE ON 1/9/2012 AT 10:00 A.M. COUNSEL FOR STEAMFITTERS LOCAL 449 PENSION FUND SHALL INITIATE THE CALL BY CONTACTING OPPOSING COUNSEL AND, SUBSEQUENTLY, PLACING THE CALL TO CHAMBERS. OTHER INSTRUCTIONS ARE AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/15/2011. 12/16/2011 ENTERED AND COPIES E-MAILED.(jmf, ) (Entered: 12/16/2011)

12/29/2011 76 NOTICE of Appearance by DAVID W. ENGSTROM on behalf of DAVID B. WEINSTOCK with Certificate of Service(ENGSTROM, DAVID) (Entered: 12/29/2011)

12/29/2011 77 APPLICATION for PRO HAC VICE ADMISSION of (John S. Edwards, Jr.) filed by DAVID B. WEINSTOCK. Sponsors Statement, Proposed Order, Certificate of Service. (FEE PAID PPE055423, $40) (ems) (Entered: 12/30/2011)

01/03/2012 78 ORDER THAT THE APPLICATION OF JOHN S. EDWARDS, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(B) (PRO HAC VICE) ON BEHALF OF DAVID B. WEINSTOCK IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/3/12. 1/4/12 ENTERED AND COPIES MAILED AND E-MAILED.(fdc) (Entered: 01/04/2012)

01/12/2012 79 ORDER THAT A SCHEDULING CONFERENCE WILL BE HELD BY TELEPHONE ON MONDAY, 1/23/12 AT 4:30 PM BEFORE HONORABLE CYNTHIA M. RUFE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/12/12. 1/13/12 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 01/13/2012)

01/23/2012 80 ORDER THAT THE SCHEDULING CONFERENCE IN THE ABOVE MATTER ORIGINALLY SCHEDULED FOR MONDAY, JANUARY 23, 2012 AT 4:30 P.M., HAS BEEN RESCHEDULED TO TAKE PLACE ON TUESDAY, FEBRUARY 8, 2012, AT 11:30 A.M. COUNSEL FOR WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND SHALL MAKE ARRANGEMENTS FOR THE CALL TO TAKE PLACE AT THE AFOREMENTIONED TIME, AND SHALL EITHER PLACE THE CALL TO CHAMBERS (267- 299-7490) ONCE COUNSEL FOR ALL PARTIES ARE ON THE LINE, OR SHALL PROVIDE THE COURT WITH A CONFERENCE CENTER CALL-IN NUMBER AND PASSWORD. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/23/12. 1/24/12 ENTERED AND COPIES E-MAILED AND MAILED.(er, ) Modified on 1/24/2012 (er, ). (Entered: 01/24/2012)

01/25/2012 81 Application of Ashley M. Price, Esq. to practice in this court pursuant to LRCP 83.5.2(b) (Pro Hac Vice) on behalf of WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND, Statement, Certificate of Service ($40 filing fee pd. - receipt# 56833). (fdc) (Entered: 01/25/2012)

01/26/2012 82 ORDER THAT THE Application of Ashley M. Price, Esq. to practice in this court pursuant to LRCP 83.5.2(b) (Pro Hac Vice) on behalf of WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/26/12. 1/27/12 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 01/27/2012)

02/02/2012 83 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Telephone Conference held on 1/9/12 (jl, ) (Entered: 02/03/2012)

02/10/2012 84 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Telephone Conference held on 2/8/12 (fdc, ) (Entered: 02/10/2012)

02/17/2012 85 ORDER THAT PLAINTIFF'S MOTION FOR ENTRY OF PLAINTIFF'S PROPOSED SCHEDULING ORDER IS DISMISSED WITHOUT PREJUDICE AS PREMATURE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/17/12. 2/21/12 ENTERED AND COPIES E-MAILED.(fdc) (Entered: 02/21/2012)

02/22/2012 86 NOTICE of Withdrawal of Appearance by SHANNON MCKENNA MATERA on behalf of STEAMFITTERS LOCAL 449 PENSION FUND, WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. Certificate of Service.(MATERA, SHANNON) Modified on 2/23/2012 (ahf, ). (Entered: 02/22/2012)

04/02/2012 87 Application of James A. Caputo, Esq. to practice in this court pursuant to LRCP 83.5.2(b) (Pro Hac Vice) on behalf of WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND, Statement, Certificate of Service ($40 Filing Fee Pd. - R# 60587). (fdc) (Entered: 04/03/2012)

04/03/2012 88 ORDER THAT THE Application of James A. Caputo, Esq. to practice in this court pursuant to LRCP 83.5.2(b) (Pro Hac Vice) on behalf of WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/3/12. 4/4/12 ENTERED AND COPIES MAILED AND E-MAILED.(fdc) (Entered: 04/04/2012)

04/11/2012 89 MOTION to Certify Class filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(BRITTON, DOUGLAS) (Entered: 04/11/2012)

04/11/2012 90 Memorandum re 89 MOTION to Certify Class filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (BRITTON, DOUGLAS) (Entered: 04/11/2012)

04/11/2012 91 AFFIDAVIT in Support re 89 MOTION to Certify Class Declaration of Douglas R. Britton in Support of Lead Plaintiff's Motion for Class Certification filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(BRITTON, DOUGLAS) (Entered: 04/11/2012)

04/11/2012 92 AFFIDAVIT in Support re 89 MOTION to Certify Class Declaration of Bjorn I. Steinholt, CFA filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(BRITTON, DOUGLAS) (Entered: 04/11/2012)

04/13/2012

93 ORDER THAT ALL DISCOVERY DISPUTES BETWEEN THE PARTIES TO THE ABOVE-CAPTIONED CASES ARE REFERRED TO CHIEF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS FOR RESOLUTION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/13/12. 4/13/12 ENTERED AND E-MAILED.(fdc) (Entered: 04/13/2012)

04/27/2012 94

04/27/2012

ORDER THAT ORAL ARGUMENT ON ALL DISCOVERY DISPUTES WILL BE HELD ON 5/21/12 AT 10:30AM. PLAINTIFFS INITIAL SUBMISSION SHALL BE FILED, OF RECORD, ON OR BEFORE 5/4/12, THE REPLY IS DUE ON OR BEFORE 5/14/12, ANY RESPONSE TO THE REPLY SHALL BE FILED NO LATER THAN 5/17/12.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 4/24/12. 4/27/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 04/27/2012)

Set/Reset Hearings: Discovery Hearing set for 5/21/2012 10:30 AM before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. (rf, ) (Entered: 04/30/2012)

05/03/2012

95 ORDER THAT ORAL ARGUMENT ON ALL DISCOVERY DISPUTES WILL BE HELD ON 5/21/12 AT 10:30 AM in COURTROOM 3-F, 3RD FLOOR. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/3/12. 5/3/12 ENTERED AND E-MAILED.[FDC] (Entered: 05/03/2012)

05/14/2012 96 NOTICE by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK Response to Brief ofNonparty FTI Consulting, Inc. (BILUS, ALEXANDER) (Entered: 05/14/2012)

05/17/2012

05/31/2012

05/31/2012

97 ORDER THAT ORAL ARGUMENT SCHEDULED FOR 5/21/12 IN THE ABOVE-LISTED MATTERS WILL BE POSTPONED. THE COURT WILL CONTACT COUNSEL SHORTLY TO SCHEDULE A NEW DATE. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/16/12. 5/17/12 ENTERED & E-MAILED.[FDC] (Entered: 05/17/2012)

98 Minute Entry for proceedings held before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS: Telephone Conference held on 5/30/12. [fdc] (Entered: 05/31/2012)

99 ORDER THAT THE REQUEST OF NON-PARTY FTI CONSULTING, INC. FOR ALLOCATION OF COSTS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/31/12. 5/31/12 ENTERED & E-MAILED.[FDC] (Entered: 05/31/2012)

06/21/2012 100 ORDER THAT, ON OR BEFORE 7/9/12, THE PARTIES SHALL BRIEF THE QUESTION OF WHETHER GOOD CAUSE EXISTS TO JUSTIFY THE BROAD DISCOVERY PROTECTIVE ORDER THEY DESIRE. IT IS FURTHER ORDERED THAT, ON OR BEFORE 7/9/12, THE PARTIES SHALL BRIEF THE QUESTION OF WHETHER THE BROAD CONFIDENTIALITY PROTECTION SOUGHT IN PART 6 OF THE STIPULATED PROPOSED CONFIDENTIALITY AND PROTECTIVE ORDERS - CONCERNING DOCUMENTS FILED WITH THE COURT (TO WHICH THERE IS A PRESUMED RIGHT OF PUBLICE ACCESS) - IS LEGALLY AND FACTUALLY JUSTIFIED. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 6/21/12. 6/21/12 ENTERED & E-MAILED.[FDC] (Entered: 06/21/2012)

07/02/2012 101 NOTICE of Change of Address by DAVID W. ENGSTROM(ENGSTROM, DAVID) (Entered: 07/02/2012)

07/03/2012

07/06/2012

07/13/2012

07/13/2012

07/17/2012

09/10/2012

11/06/2012

12/11/2012

102 MOTION for Extension of Time to File Response/Reply to Court's June 21, 2012 Order filed by DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, RONALD LUBNER, JOHN F. MOORE, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B. WEINSTOCK.Certificate of Counsel.(BILUS, ALEXANDER) (Entered: 07/03/2012)

103 ORDER THAT MOTIONS TO EXTEND THE DEADLINE TO RESPOND TO THIS COURTS JUNE 21 ORDER (DOC NO. 102 IN 09-4730, DOC. NO. 125 IN 09- 4974, DOC. NO. 107 IN 10-3621) ARE GRANED. PARTIES SHALL FILE THEIR REQUIRED BRIEFS ON OR BEFORE 7/13/12.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 7/6/12. 7/6/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/06/2012)

104 RESPONSE TO ORDER TO SHOW CAUSE by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (CAPUTO, JAMES) (Entered: 07/13/2012)

105 Response re 100 Order,, DEFENDANTS' JOINT RESPONSE TO THE COURT'S JUNE 21, 2012 ORDER REGARDING THE PROPOSED PROTECTIVE ORDER by DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, RONALD LUBNER, JOHN F. MOORE, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B. WEINSTOCK. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibits B-F, # 3 Exhibit Exhibit G) (BILUS, ALEXANDER) (Entered: 07/13/2012)

106 STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 7/17/12. 7/17/12 ENTERED & E-MAILED.[FDC] (Entered: 07/17/2012)

107 ORDER THAT A DISCOVERY STATUS AND SCHEDULING CONFERENCE WILL BE HELD BY TELEPHONE ON TUESDAY, 9/18/12 AT 2:30 PM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/7/12. 9/10/12 ENTERED & E-MAILED.[fdc] (Entered: 09/10/2012)

108 ORDER THAT THE COURT HEREBY APPOINTS DAVID H. MARION, ESQ. AS SPECIAL DISCOVERY MASTER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/6/12. 11/7/12 ENTERED & E-MAILED.[fdc] (Entered: 11/07/2012)

109 NOTICE of Change of Address by DAVID W. ENGSTROM(ENGSTROM, DAVID) (Entered: 12/11/2012)

01/03/2013 110 STIPULATION and [Proposed] Order for Scheduling Class Certification Briefing by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (CAPUTO, JAMES) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/3/2013 (nd). (Entered: 01/03/2013)

01/07/2013 111 STIPULATION AND ORDER FOR SCHEDULING CLASS CERTIFICATION BRIEFING. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/4/13. 1/8/13 ENTERED & E-MAILED.[fdc] (Entered: 01/08/2013)

01/07/2013 Set/Reset Deadlines as to RESPONSES DUE BY 4/15/2013. (fdc, ) (Entered: 01/08/2013)

01/16/2013 112 STIPULATION re 106 Stipulation and Order First [Proposed] Amendment to Stipulated Confidentiality and Protective Order by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (PRICE, ASHLEY) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/16/2013 (nd, ). (Entered: 01/16/2013)

01/23/2013

01/29/2013

113 AMENDED STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/18/13. 1/23/13 ENTERED & E-MAILED.[fdc] (Entered: 01/23/2013)

114 Report Of Special Discovery Master's Decision and Recommendation No. 2 by I DAVID H. MARION. (MARION, DAVID) (Entered: 01/29/2013)

02/06/2013 115 ORDER. RE: SPECIAL DISCOVERY MASTER'S DECISION AND RECOMMENDATION NO.2. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/6/13. 2/7/13 ENTERED & E-MAILED.[fdc] (Entered: 02/07/2013)

02/20/2013 116 APPLICATION FOR APPROVAL OF FEES AND COSTS FROM 9/1/12 to 01/31/13 by DAVID H. MARION, Memorandum, Certificate of Service. (MARION, DAVID) Modified on 2/21/2013 (md). (Entered: 02/20/2013)

03/01/2013 117 NOTICE of Appearance by DAVID J. STANOCH on behalf of DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF with Certificate of Service(STANOCH, DAVID) (Entered: 03/01/2013)

03/08/2013 118 ORDER THAT, ON OR BEFORE 3/22/13, FTI SHALL PROVIDE THE COURT WITH A DETAILED ITEMIZATION OF ALL ATTORNEYS' FEES IT HAS INCURRED THAT IT BELIEVES CAN BE REIMBURSED PURSUANT TO PARAGRAPH 2 OF THIS COURT'S 5/31/12 ORDER. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 3/8/13. 3/8/13 ENTERED & E-MAILED.[fdc] (Entered: 03/08/2013)

03/11/2013 119 STIPULATION and Proposed Order. Second Amendment to 106 Stipulated Confidentiality and Protective Order by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (PRICE, ASHLEY) (COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/12/2013 (md). (Entered: 03/11/2013)

03/12/2013 120 SECOND AMENDMENT TO STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/12/2013. 3/13/2013 ENTERED AND COPIES E-MAILED. (ems) (Entered: 03/13/2013)

03/15/2013 121

ORDERED THAT THE APPLICATION IS GRANTED AND PAYMENT OF THE INVOICES SUBMITTED WITH THE APPLICATION IS APPROVED CONSISTENT WITH THE SPECIAL MASTER'S RECOMMENDATION FOR ALLOCATION OF PAYMENT. SIGNED BY THE HONORABLE CYNTHIA M. RUFE ON 3/14/2013. 3/18/2013 ENTERED AND COPIES E-MAILED.(sg) (Entered: 03/18/2013)

03/20/2013 122 ORDER REFERRING CASE TO SPECIAL MASTER DAVID MARION FOR A

REPORT AND RECCOMENDATION. THE PARTIES SHOULD BE PREPARED TO DISCUSS THIS MATTER DURING THEIR TELEPHONE CONFERENCE WITH MR. MARION ON 3/21/2013. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/20/2013. 3/21/2013 ENTERED AND COPIES E-MAILED. (aeg, ) (Entered: 03/21/2013)

03/25/2013 123 Report Of SPECIAL MASTER'S REPORT AND RECOMMENDED ORDER #3 by DAVID H. MARION. (MARION, DAVID) (Entered: 03/25/2013)

03/28/2013 124 ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/28/13. 3/28/13 ENTERED & E-MAILED.[fdc] (Entered: 03/28/2013)

03/28/2013 125 ORDER THAT FTIS REQUEST FOR ADDITIONAL ATTORNEYS FEES IS GRANTED; AND PARAGRAPH 2, SENTENCE 2 OF THE COURTS MAY 31, 2012 ORDER IS AMENDED TO READ: ONCE THE PARTIES HAVE REIMBURSED FTI $40,000 FOR THIS CATEGORY OF COSTS, IF ADDITIONAL DISCOVERY IS REQUIRED, FTI MAY PETITION THE COURT FOR ADDITIONAL REIMBURSEMENT FOR THIS CATEGORY. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 3/26/13. 3/28/13 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 03/29/2013)

03/28/2013 126 ORDER AS FOLLOWS THAT, A. STAY PENDING MEDIATION 1. EXCEPT AS EXPRESSLY SET FORTH BELOW, ALL MOTION PRACTICE AND DISCOVERY PROCEEDINGS SHALL BE STAYED UNTIL JUNE I, 2013. 2. NO NEW INTERROGATORIES, DOCUMENTS REQUESTS OR REQUESTS FOR ADMISSIONS SHALL BE SERVED, AND NO DEPOSITIONS SCHEDULED BEFORE JUNE 1, 2013 EXCEPT AS SET FORTH BELOW. 3. ALL DOCUMENT PRODUCTION SHALL CONTINUE AS PREVIOUSLY SCHEDULED, EXCEPT AS EXPRESSLY SET FORTH BELOW. IN THE INTEREST OF FAIRNESS, TO ENHANCE THE PROSPECTS FOR SUCCESSFUL MEDIATION, AND IN RECOGNITION OF THE INVESTMENTS OF TIME AND EXPENSE ALREADY MADE, THE DOCUMENTS -- PARTICULARLY FROM FDIC AND FTI -- SHALL BE PRODUCED TO PLAINTIFFS AS SOON AS POSSIBLE. 4. KPMG SHALL PRODUCE NO LATER THAN APRI125, 2013 ALL ADVANTA WORK PAPERS FOR 2008 AS REQUESTED BY THE '33 ACT CASE PLAINTIFFS. HOWEVER, TO REDUCE CURRENT EXPENSE, KPMG MAY RESERVE ALL CLAIMS OF PRIVILEGE, AND WORK PRODUCT WITHOUT PREJUDICE, NOTWITHSTANDING THAT THE DOCUMENTS WILL ALREADY HAVE BEEN PRODUCED. B. ADVANTA DOCUMENTS IN THE POSSESSION OF DEFENDANT ALTER 1. THE 2.5 TERABYTES OF DOCUMENTS RECENTLY DISCLOSED TO HAVE BEEN IN MR. ALTER'S POSSESSION SHALL BE PRODUCED TO PLAINTIFFS ON OR BEFORE APRIL 25,2013. DEFENDANT ALTER MAY COMPLETE, WITHIN THIS DEADLINE, A PRIVILEGE, CONFIDENTIALITY, AND RESPONSIVENESS REVIEW. PLAINTIFFS WILL SHARE WITH DEFENDANT'S COUNSEL THE SEARCH TERMS THEY WILL APPLY TO SUCH DOCUMENTS. 2. DEFENDANT ALTER SHALL APPEAR FOR HIS DEPOSITION ON OR BEFORE MAY 10, 2013. THAT DEPOSITION WILL BE LIMITED TO FOUR HOURS (EXCLUSIVE OF BREAKS, COUNSEL DISCUSSIONS OR OBJECTIONS, AND RECESSES) AND LIMITED TO

MATTERS RELATING TO THE EXISTENCE, CIRCUMSTANCES SURROUNDING AND CONTENTS OF THE DOCUMENTS REFERRED TO IN B. 1. 3. ANY MOTION OR PROCEEDINGS RELATING TO CLAIMS FOR SANCTIONS IN CONNECTION WITH B.L AND B.2 SHALL BE DEFERRED UNTIL JUNE 1,2013. C. MARKET EFFICIENCY DISCOVERY 1. PLAINTIFFS HAVE AN EXPERT ON THIS SUBJECT WHOSE REPORT HAS BEEN FILED AND WHOM DEFENDANTS WISH TO DEPOSE. DEFENDANTS HAVE RETAINED NO EXPERT AND HAVE RESISTED PLAINTIFFS' REQUESTS FOR ANY ELABORATION OF THE GROUNDS ON WHICH THEY EXPECT TO CONTEST THE EFFICIENCY OF THE MARKET FOR ADVANTA STOCK. 2. ON OR BEFORE APRIL 15,2013, DEFENDANTS SHALL CONSULT THEIR RESPECTIVE CLIENTS AND INFORM PLAINTIFFS IN GOOD FAITH IN WRITING OF ALL GROUNDS KNOWN TO DEFENDANTS FOR CHALLENGING THE EFFICIENCY OF THE MARKET FOR ADVANTA STOCK. DEFENDANTS WILL HAVE THE RIGHT TO AMEND OR SUPPLEMENT THEIR GROUNDS FOR CHALLENGE, IF ANY, THEREAFTER. 3. UPON DEFENDANTS' COMPLIANCE WITH C2, PLAINTIFFS' SHALL PRODUCE THEIR EXPERT FOR DEPOSITION ON OR BEFORE MAY 10, 2013. THAT DEPOSITION WILL BE LIMITED TO 4 HOURS (EXCLUSIVE OF BREAKS, COUNSEL DISCUSSIONS OR OBJECTIONS, AND RECESSES) AND LIMITED TO MATTERS SET FORTH IN THE EXPERT'S REPORT AND THE DEFENDANTS' GROUNDS FOR CHALLENGE AS PER C.2. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/28/13. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment) 3/29/13 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 03/29/2013)

04/24/2013 127 Report Of Special Master's Report and Recommended Order No.4 by DAVID H. MARION. (MARION, DAVID) (Entered: 04/24/2013)

04/25/2013 128 Report Of Special Master's Amended Report and Recommnended Order NO 4 by DAVID H. MARION. (MARION, DAVID) (Entered: 04/25/2013)

05/20/2013 129 SPECIAL MASTER'S AMENDED REPORT AND RECOMMENDED ORDER I NO.4. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/20/13. 5/21/13 ENTERED & E-MAILED.(fdc) (Entered: 05/21/2013)

06/25/2013 130 Report Of Special Master's Report and Recommended Order #5 by DAVID H. MARION. (MARION, DAVID) (Entered: 06/25/2013)

06/26/2013 131 Report Of Special Master's Report and Amended Recommended Order #5 by DAVID H. MARION. (MARION, DAVID) (Entered: 06/26/2013)

07/03/2013 132 MOTION to Certify Class Lead Plaintiff's Motion and Supporting Memorandum for Entry of an Order Certifying the Proposed Class filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(CAPUTO, JAMES) (Entered: 07/03/2013)

07/10/2013 133 Objections by DENNIS ALTER re 131 Report Of Special Master's Report and Amended Recommended Order #5 . (BILUS, ALEXANDER) (Entered: 07/10/2013)

07/15/2013 134 MOTION to vacate Recommended Order No. 2 and compel disclosure of confidential witness identities re 115 Order filed by DENNIS ALTER, PHILIP M. BROWNE,

WILLIAM A. ROSOFF, DAVID B. WEINSTOCK.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A)(BILUS, ALEXANDER) (Entered: 07/15/2013)

07/15/2013

07/15/2013

135 MEMORANDUM in Opposition re 132 MOTION to Certify Class Lead Plaintiff's Motion and Supporting Memorandum for Entry of an Order Certifying the Proposed Class filed by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK. Certificate of Service. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-L)(BILUS, ALEXANDER) Modified on 7/16/2013 (lisad, ). (Entered: 07/15/2013)

136 DEFENDANTS' MOTION TO DISQUALIFY THE LEAD PLAINTIFF (FILED UNDER SEAL).(fdc) (Entered: 07/16/2013)

07/19/2013 137 Response re 133 Objections Plaintiffs' Response to Dennis Alter's Objection to the Special Discovery Master's Report and Amended Recommended Order #5 by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (BRITTON, DOUGLAS) (Entered: 07/19/2013)

07/25/2013 138 MOTION for Leave to File Reply Memorandum in Further Support of Motion for Entry of an Order Certifying the Proposed Class filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND.Certificate of Service. (Attachments: # 1 Exhibit A - Reply, # 2 Text of Proposed Order)(CAPUTO, JAMES) (Entered: 07/25/2013)

07/26/2013 139 MOTION for Leave to File Reply in Support of Defendant's Objection to the Special Discovery Master's Report and Amended Recommended Order #5 filed by DENNIS ALTER.Certificate of Service. (Attachments: # 1 Exhibit A)(BILUS, ALEXANDER) (Entered: 07/26/2013)

07/29/2013 140 NOTICE of Appearance by STUART T. STEINBERG on behalf of DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF with Certificate of Service(STEINBERG, STUART) (Entered: 07/29/2013)

07/29/2013

07/29/2013

07/29/2013

141 Report Of SPECIAL MASTER'S REPORT AND RECOMMENDED ORDER NO. 06 by DAVID H. MARION. (MARION, DAVID) (Entered: 07/29/2013)

142 ORDER THAT LEAD PLAINTIFF'S MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION FOR ENTRY OF AN ORDER CERTIFYING THE PROPOSED CLASS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/29/13.7/29/13 ENTERED & E-MAILED.(fdc) (Entered: 07/29/2013)

143 Lead Plaintiff's Reply to Defendant's Opposition to Motion for Entry of an Order Certifying the Proposed Class. (fdc) (Entered: 07/29/2013)

07/29/2013 144

ORDER THAT DEFENDANT DENNIS ALTER'S MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF DEFENDANT'S OBJECTION TO THE SPECIAL DISCOVERY MASTER'S REPORT AND AMENDED RECOMMENDED ORDER #5 IS GRANTED. THE REPLY BRIEF ATTACHED AS EXHIBIT A TO THE MOTION IS DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/29/13. 7/29/13 ENTERED & E-MAILED.(fdc) (Entered: 07/29/2013)

07/29/2013 145 Defendant DENNIS ALTER'S Reply Memorandum in Support of Defendant's Objection to the Special Discovery Master's Report and Amended Recommended Order #5. (fdc) (Entered: 07/29/2013)

07/29/2013 146 Plaintiff's Opposition to Defendants' Motion to Vacate recommended order no.2 and compel disclosure of confidential witness identities. (FILED UNDER SEAL) (fdc) (Entered: 07/30/2013)

07/30/2013 147 APPLICATION FOR APPROVAL OF FEES AND COSTS by DAVID H. MARION. (MARION, DAVID) Modified on 7/31/2013 (md). (Entered: 07/30/2013)

08/08/2013 148 DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF DEFENDANTS' MOTION TO VACATE filed by DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B. WEINSTOCK. (FILED UNDER SEAL).(kp, ) (Entered: 08/09/2013)

08/08/2013 149 DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF DEFENDANTS' MOTION TO DISQUALIFY THE LEAD PLAINTIFF filed by DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B. WEINSTOCK. (FILED UNDER SEAL).(kp, ) (Entered: 08/09/2013)

08/09/2013 150 RESPONSE in Opposition re 149 MOTION for Leave to File a Reply in Support of Defendants' Motion to Disqualify the Lead Plaintiff filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (Attachments: # 1 Certificate of Service Certificate of Service)(GROSS, DEBORAH) (Entered: 08/09/2013)

08/12/2013 151 MOTION for Leave to File Reply in Support of Defendants' Motion for Leave to File Reply in Support of Defendants' Motion to Disqualify the Lead Plaintiff filed by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK.Certificate of Service. (Attachments: # 1 Exhibit A)(BILUS, ALEXANDER) (Attachment 1 replaced on 8/13/2013) (pr, ). (Entered: 08/12/2013)

08/12/2013 152 ORDER THAT DEFTS' MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF DEFTS' MOTION TO DISQUALIFY THE LEAD PLFF. IS GRANTED. THE REPLY BRIEF ATTACHED AS EXHIBIT A TO THE MOTION IS DEEMED FIELD UNDER SEAL AS OF THE DATE OF THIS ORDER.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/12/13.8/13/13 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 08/13/2013)

08/12/2013 153 Lead Plaintiffs' Opposition to Defendants' Motion for Leave to File a Reply in Support of Defendants' Motion to Disqualify the Lead Plaintiff (FILED UNDER SEAL). (fdc) (Entered: 08/13/2013)

08/12/2013 154 Defts' REPLY Memorandum in support of Defts' Motion for leave to file a reply in support of defts' motion to disqualify the lead plff. filed by DENNIS ALTER, PHILIP M. BROWNE, WILLIAM A. ROSOFF, DAVID B. WEINSTOCK. (FILED UNDER SEAL) (pr, ) Modified on 8/13/2013 (pr, ). (Entered: 08/13/2013)

08/12/2013

155

ORDER THAT DEFTS' MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF DEFTS' MOTION TO VACATE RECOMMENDED ORDER NO. 2 AND TO COMPEL DISCLOSURE OF CONFIDENTIAL WITNESS IDENTITIES IS GRANTED. THE REPLY BRIEF ATTACHED AS EXHIBIT A TO THE MOTION IS DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/12/13.8/13/13 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 08/13/2013)

08/12/2013 156 DEFTS' REPLY memorandum in support of motion to vacate recommended order no. 2 and to compel disclosure of confidential witness identities filed by DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, RONALD LUBNER, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER, DAVID B. WEINSTOCK. (FILED UNDER SEAL) (pr, ) (Entered: 08/14/2013)

08/20/2013

157 ORDER THAT DEFENDANTS' "MOTION TO VACATE RECOMMENDED ORDER NO.2" (134) IS DENIED. PLAINTIFFS ARE ORDERED TO COMPLY WITH THE 2/6/13 ORDER BY DISCLOSING THE IDENTITY OF THEIR CONFIDENTIAL WITNESSES TO DEFENDANTS WITHIN SEVEN DAYS OF THE DATE OF THIS ORDER, OR SHOW CAUSE, WITHIN THE SAME TIME PERIOD, WHY THEY SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO COMPLY. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/20/13. 8/21/13 ENTERED & E-MAILED.(fdc) (Entered: 08/21/2013)

08/21/2013

08/21/2013

08/22/2013

08/22/2013

08/23/2013

158 LEAD PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR-REPLY TO DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO DISQUALIFY THE LEAD PLAINTIFF (FILED UNDER SEAL). (fdc) (Entered: 08/22/2013)

159 LEAD PLAINTIFF'S SUR-REPLY TO DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO DISQUALIFY THE LEAD PLAINTIFF (FILED UNDER SEAL). (fdc) (Entered: 08/22/2013)

160 ORDER THAT THE APPLICATION IS GRANTED AND PAYMENT OF THE INVOICES SUBMITTED WITH THE APPLICATION IS APPROVED CONSISTENT WITH THE SPECIAL MASTER'S RECOMMENDATION FOR ALLOCATION OF PAYMENT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/22/13. 8/23/13 ENTERED & E-MAILED.(fdc) (Entered: 08/23/2013)

161 SPECIAL MASTER'S REPORT AND RECOMMENDED ORDER NO.6. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/22/13. 8/23/13 ENTERED & E-MAILED.[fdc] (Entered: 08/23/2013)

162 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR-REPLY TO DEFTS' REPLY MEMORANDUM IN SUPPORT OF DEFTS' MOTION TO DISQUALIFY THE LEAD PLAINTIFF (DOC. #158) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/22/2013.8/26/2013 ENTERED AND COPIES E-MAILED.(tomg, ) (Entered: 08/26/2013)

09/06/2013

163 APPLICATION for Pro Hac Vice Admission of Susannah R. Conn filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND, Statement, Certificate of Service.(GROSS, DEBORAH) ($40 Filing Fee Pd. - Receipt # 87904) Modified on 9/6/13 (fdc). Modified on 9/9/2013 (md). (Entered: 09/06/2013)

09/06/2013 164 ORDER THAT THE MOTION FOR PRO HAC VICE OF SUSANNAH R. CONN IS HERBEY GRANTED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/6/2013.9/9/2013 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 09/09/2013)

09/06/2013 165 ORDER THAT THE AMENDED FIFTH REPORT AND RECOMMENDATION IS HEREBY APPROVED AND ADOPTED. DEFENDANT ALTER MUST PROVIDE

I THE ORIGINAL ALTER HARD DRIVE TO LDISCOVERY NO LATER THAN 9/13/2013. THE COST ALLOCATION SET FORTH IN SECTION IV PARAGRAPH 7 IS AMENDED AS OUTLINED HEREIN. THE PARTIES SHALL PROVIDE THE COURT WITH A STATUS REPORT WITHIN 30 DAYS OF THIS ORDER.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/6/2013. 9/9/2013 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 09/09/2013)

09/11/2013 166 Emergency MOTION for Clarification filed by DENNIS ALTER.Certificate of Service.(BILUS, ALEXANDER) (Entered: 09/11/2013)

09/11/2013 167 ORDER THAT THE PARTIES SHALL APPEAR FOR A STATUS CONFERENCE ON 9/24/13 AT 2:00 PM IN COURTROOM 12A BEFORE HONORABLE CYNTHIA M. RUFE.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/11/13. 9/12/13 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 09/12/2013)

09/12/2013 168 RESPONSE in Opposition re 166 Emergency MOTION for Clarification filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (BRITTON, DOUGLAS) (Entered: 09/12/2013)

09/16/2013 169 ORDER THAT DEFENDANT DENNIS ALTER'S EMERGENCY MOTION FOR CLARIFICATION IS DISMISSED AS WITHDRAWN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/16/13.9/16/13 ENTERED AND COPIES MAILED AND E-MAILED.(fdc) (Entered: 09/16/2013)

09/25/2013 170 ORDER THAT THE ABOVE CAPTIONED CASES ARE CONSOLIDATED FOR PURPOSES OF DISCOVERY ONLY. THE MOTION TO STAY (13-3361, DOC. NO.11) IN FDIC V. ALTER, ET. AL. IS DENIED WITHOUT PREJUDICE. AT THIS POINT, THE COURT FINDS NO REASON TO STAY THE CASE. REGARDLESS OF WHETHER THE RELATED CASE FILED IN THE DISTRICT OF UTAH IS ULTIMATELY TRANSFERRED TO THIS COURT, THE COURT WISHES THE CASE BEFORE IT TO PROCEED WITHOUT DELAY. THE PARTIES AND SPECIAL MASTER DAVID MARION, ESQ. ARE DIRECTED TO MEET AND CONFER FORTHWITH REGARDING A SCHEDULE TO GOVERN DISCOVERY IN THE ABOVE CAPTIONED CASES, AND SHALL PROVIDE THE COURT WITH A STIPULATED PROPOSED ORDER TO GOVERN THE CASES NO LATER THAN 10/1/13. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/24/13. 9/25/13 ENTERED & E-MAILED.(fdc) (Entered: 09/25/2013)

10/01/2013 171 TRANSCRIPT of Status Conference held on 9/24/13, before Judge Rufe. Court Reporter/Transcriber Transcribers Limited. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/22/2013. Redacted Transcript Deadline set for 11/1/2013. Release of Transcript Restriction set for 12/30/2013. (fdc) (Entered:

10/01/2013)

10/01/2013

172 Notice of Filing of Official Transcript with Certificate of Service re 171 Transcript - PDF, 10/1/13 Entered and Copies Emailed and Mailed. (fdc) (Entered: 10/01/2013)

10/02/2013 173 STIPULATION Scheduling Stipulation and Proposed Order by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (GROSS, DEBORAH) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 10/2/2013 (nd, ). (Entered: 10/02/2013)

10/04/2013

174 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Status Conference held on 9/24/13. (fdc) (Entered: 10/04/2013)

10/04/2013

175 STIPULATION AND ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/4/13. 10/7/13 ENTERED & E-MAILED.(fdc) (Entered: 10/07/2013)

10/07/2013 176 STATUS REPORT Joint Status Report of the Parties by DENNIS ALTER, DANA BECKER DUNN, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS P. COSTELLO, OLAF OLAFSSON, WILLIAM A. ROSOFF, MICHAEL A. STOLPER. (STANOCH, DAVID) (Entered: 10/07/2013)

10/11/2013 177 Report Of SPECIAL MASTER'S DECISION AND RECOMMENDED ORDER NO 7 by DAVID H. MARION. (MARION, DAVID) (Entered: 10/11/2013)

01/16/2014 178 APPLICATION/PETITION FOR APPROVAL OF FEES AND COSTS INCURRED FROM JULY 1, 2013 THROUGH DECEMBER 31, 2013 by DAVID H. MARION. (MARION, DAVID) (Entered: 01/16/2014)

01/27/2014

01/31/2014

02/10/2014

02/27/2014

03/14/2014

179 MOTION for Pro Hac Vice of Jeffrey D. Light filed by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND.Certificate of Service.(GROSS, DEBORAH) ($40 Filing Fee Pd. - Receipt #95196) Modified on 1/28/14 (fdc). (Entered: 01/27/2014)

180 ORDER THAT THE APPLICATION OF JEFFREY D. LIGHT, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/31/2014. 2/4/2014 ENTERED AND COPIES E-MAILED. (ems) (Entered: 02/04/2014)

181 ORDER THAT THE APPLICATION IS GRANTED AND PAYMENT OF THE INVOICES SUBMITTED WITH THE APPLICATION IS APPROVED CONSISTENT WITH THE SPECIAL MASTER'S RECOMMENDATION FOR ALLOCATION OF PAYMENT. THE PARTIES ARE ORDERED TO MAKE PAYMENT DIRECTLY TO THE SPECIAL DISCOVERY MASTER WITHIN 30 DAYS OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/10/14. 2/11/14 ENTERED & E-MAILED.(fdc, ) (Entered: 02/11/2014)

182 ORDER THAT THIS CASE SHALL REMAIN IN STAY AND SUSPENSE, AS THE PARTIES' MEDIATION EFFORTS ARE ONGOING. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/27/14. 2/28/14 ENTERED & E-MAILED.(fdc) (Entered: 02/28/2014)

183 MOTION for Settlement Lead Plaintiff's Unopposed Motion for Preliminary Approval of Settlement filed by WESTERN PENNSYLVANIA ELECTRICAL

EMPLOYEES PENSION FUND.Memorandum. (Attachments: # 1 Memorandum Lead Plaintiff's Memorandum of Law in Support of Unopposed Motion for Preliminary Approval of Settlement, # 2 Text of Proposed Order Preliminarily Approving Settlement and Providing for Notice)(BRITTON, DOUGLAS) (Entered: 03/14/2014)

03/14/2014 184 SETTLEMENT AGREEMENT Stipulation of Settlement by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(BRITTON, DOUGLAS) (FILED IN ERROR BY ATTY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/17/2014 (md). (Entered: 03/14/2014)

03/14/2014 185 EXHIBIT C in Support of Stipulation of Settlement (Dkt. No. 184) by WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND. (BRITTON, DOUGLAS) (COPY FORWARDED TO JUDGE WITH PAPER #184) Modified on 3/17/2014 (md). (Entered: 03/14/2014)

03/18/2014 186 ORDER THAT A HEARING ON THE MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT AND FOR CLASS CERTIFICATION IN THE ABOVE MATTER WILL TAKE PLACE ON MONDAY, 4/21/14 AT 2:00 PM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/17/2014. 3/19/14 ENTERED & E-MAILED.(fdc) (Entered: 03/19/2014)

04/16/2014 187 ORDER THAT PLAINTIFFS' MOTION TO CERTIFY A CLASS (#132) AND DEFENDANTS' MOTION TO DISQUALIFY (#136) ARE DISMISSED WITHOUT PREJUDICE AS MOOT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/16/14.4/17/14 ENTERED & E-MAILED.(fdc) (Entered: 04/17/2014)

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united states district court eastern district of pennsylvania (philadelphia) civil...

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