UNITED STATES DISTRICT COURT for the CENTRAL …securities.stanford.edu/filings-documents/1046/FCEN00_01/2013108_r... · UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA

US District Court Civil Docket as of October 8, 2013 Retrieved from the court on October 15, 2013

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)

CIVIL DOCKET FOR CASE #: 5:11-cv-00615-JAK-PLA

Short v. Dondanville et al

Date Filed: 04/19/2011 Assigned to: Judge John A. Kronstadt Date Terminated: 09/05/2013 Referred to: Magistrate Judge Paul L. Abrams Jury Demand: Plaintiff Related Case: 2:11-cv-00476-JAK-PLA Nature of Suit: 850 Securities/Commodities

Case in other court: 9th CCA, 13-56751 Jurisdiction: Federal Question

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

Plaintiff

Willis E Short, II represented by Brian J Robbins on Behalf of Himself and All Others Robbins Arroyo LLP Similarly Situated 600 B Street, Suite 1900

San Diego, CA 92101 619-525-3990 Fax: 619-525-3991 Email: [email protected] ATTORNEY TO BE NOTICED

Felipe J Arroyo Robbins Arroyo LLP 600 B Street, Suite 1900 San Diego, CA 92101 619-525-3990 Fax: 619-525-3991 Email: [email protected] ATTORNEY TO BE NOTICED

Gregory E Del Gaizo Robbins Arroyo LLP 600 B St., Ste. 1900 San Diego, CA 92101 619-525-3990 Fax: 619-525-3991 Email: [email protected] ATTORNEY TO BE NOTICED

Julia M Williams Robbins Arroyo LLP 600 B Street, Suite 1900 San Diego, CA 92101 619-525-3990 Fax: 619-525-3991 Email: [email protected] ATTORNEY TO BE NOTICED

Kevin S Kim

Robbins Arroyo LLP 600 B Street Suite 1900 San Diego, CA 92101 619-525-3990 Fax: 619-525-3991 Email: [email protected] TERMINATED: 06/18/2013 ATTORNEY TO BE NOTICED

V

Movant

Kenneth Kruse represented by Matthew S Dente TERMINATED: 10/22/2012

Dente Law Firm 600 B Street 19th Floor San Diego, CA 92101 619-550-3475 Fax: 619-342-9668 Email: [email protected] ATTORNEY TO BE NOTICED

Movant

Emmogene Kruse represented by Matthew S Dente TERMINATED: 10/22/2012

(See above for address) ATTORNEY TO BE NOTICED

V

Defendant

Suzanne Dondanville represented by Jeremiah Michael Levine Morrison and Foerster LLP 707 Wilshire Boulevard Suite 6000 Los Angeles, CA 90017-3543 213-892-5200 Fax: 213-892-5454 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dan E Marmalefsky Morrison and Foerster LLP 707 Wilshire Blvd Suite 6000 Los Angeles, CA 90017-3543 213-892-5200 Fax: 213-892-5454 Email: [email protected] ATTORNEY TO BE NOTICED

James Oliva Morrison & Foerster LLP 707 Wilshire Boulevard Suite 6000 Los Angeles, CA 90017-3543 213-892-5684 Email: [email protected]

TERMINATED: 04/05/2013 ATTORNEY TO BE NOTICED

Mark R McDonald Morrison and Foerster LLP 707 Wilshire Blvd Suite 6000 Los Angeles, CA 90017-3543 213-892-5200 Fax: 213-892-5454 Email: [email protected] ATTORNEY TO BE NOTICED

Tyson E Marshall Morrison and Foerster 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 858-720-5122 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Thomas E Vessey represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dan E Marmalefsky (See above for address) ATTORNEY TO BE NOTICED

James Oliva (See above for address) TERMINATED: 04/05/2013 ATTORNEY TO BE NOTICED

Mark R McDonald (See above for address) ATTORNEY TO BE NOTICED

Tyson E Marshall (See above for address) ATTORNEY TO BE NOTICED

Defendant

Beth Sanders represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


James Oliva

(See above for address) TERMINATED: 04/05/2013 ATTORNEY TO BE NOTICED



Defendant

William A McCalmon represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Patrick J. Meyer represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Bruce J. Bartells represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Carole H. Beswick represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Ronald J. Jeffrey represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED





Defendant

Douglas F. Welebir represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Larry Jacinto represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


James Oliva (See above for address)

TERMINATED: 04/05/2013 ATTORNEY TO BE NOTICED



Defendant

James R. Appleton represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Stanley C. Weisser represented by Jeremiah Michael Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Tyson E Marshall

(See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

04/19/2011 1 COMPLAINT against defendants All Defendants.Case assigned to Judge Virginia A. Phillips for all further proceedings. Discovery referred to Magistrate Judge Oswald Parada.(Filing fee $ 350) Demand for Jury Trial., filed by plaintiff Willis E Short, II.(am) (Additional attachment(s) added on 4/19/2011: # 1 Summons, civil cover sheet) (mrgo). (Main Document 1 replaced on 6/10/2011) (am). (Entered: 04/19/2011)

04/19/2011 21 DAY Summons Issued re Complaint - (Discovery) 1 as to defendants All Defendants. (am) (Entered: 04/19/2011)

04/19/2011 2 CERTIFICATION AND NOTICE of Interested Parties filed by plaintiff Willis E Short, II, (am) (mrgo). (Entered: 04/19/2011)

04/19/2011 3 NOTICE TO PARTIES OF ADR PROGRAM filed.(am) (Entered: 04/19/2011)

04/19/2011 4 STANDING ORDER by Judge Virginia A. Phillips, READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (am) (Entered: 04/19/2011)

05/05/2011 5 STIPULATION for Extension of Time to File Answer filed by plaintiff Willis E Short, II. (Attachments: # 1 Proposed Order)(Robbins, Brian) (Entered: 05/05/2011)

05/10/2011 6 ORDER GRANTING EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT by Judge Virginia A. Phillips: ORDERS as follows: 1. Defendants shall not be required to, and shall not waive any rights, arguments or defenses by failing to answer, move, or otherwise respond to the Short Complaint in this action until after the Court appoints a lead plaintiff and such plaintiff has filed a consolidated or amended complaint. 2. The time for lead plaintiff to file a consolidated or amended complaint will be forty-five days after entry of an order appointing lead plaintiff pursuant to §21D(a)(3)(B), 15 U.S.C. §78u-4 of the Securities Exchange Act of 1934. 3. The time for Defendants to answer, move, or otherwise respond to the complaint will be forty-five days from filing thereof. 4. In the event Defendants file one or more motions to dismiss the complaint, lead plaintiff will have forty-five days from filing of such motions(s) in which to file papers in opposition to the motion(s). 5. Defendants will have twenty-five days from the filing of lead plaintiff'sopposition papers in which to file reply papers. (am) (Entered: 05/11/2011)

05/18/2011 7 NOTICE of Related Case(s) filed by plaintiff Willis E Short, II. Related Case(s): 11-cv- 00476 (Robbins, Brian) (Entered: 05/18/2011)

06/07/2011 8 NOTICE of Appearance filed by attorney Mark R McDonald on behalf of Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir (McDonald, Mark) (Entered: 06/07/2011)

06/08/2011 9 CERTIFICATE OF SERVICE filed by plaintiff Willis E Short, II, re Notice of Related Case(s) 7 (Del Gaizo, Gregory) (Entered: 06/08/2011)

06/08/2011 10 NOTICE of Related Case(s) filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. Related Case(s): 11-cv-476 (Oliva, James) (Entered: 06/08/2011)

06/08/2011 11 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 11-476 JAK (PLAx). Case transferred from Judge Virginia A. Phillips and Magistrate Judge Oswald Parada to Judge John A Kronstadt and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge ED CV 11-615 JAK (PLAx). Signed by Judge John A Kronstadt (la) (Entered: 06/09/2011)

06/14/2011 12 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A Kronstadt. Read this order carefully as it governs this case and differs in some respects from the Local Rules. (vdr) (Entered: 06/14/2011)

06/14/2011 13 MINUTE IN CHAMBERS ORDER SETTING STATUS AND SCHEDULING CONFERENCE by Judge John A Kronstadt: The Court, on its own motion, sets a Status and Scheduling Conference for July 11, 2011 at 1:30 p.m. (shb) (Entered: 06/14/2011)

06/20/2011 14 NOTICE OF MOTION AND MOTION for Order for Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by Plaintiff Willis E Short, II. Motion set for hearing on 7/25/2011 at 01:30 PM before Judge John A Kronstadt. (Attachments: # 1 Proposed Order)(Del Gaizo, Gregory) (Entered: 06/20/2011)

06/20/2011 15 MEMORANDUM in Support of MOTION for Order for Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 filed by Plaintiff Willis E Short, II. (Del Gaizo, Gregory) (Entered: 06/20/2011)

06/20/2011 16 DECLARATION of Gregory E. Del Gaizo in support of MOTION for Order for Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 filed by Plaintiff Willis E Short, II. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Del Gaizo, Gregory) (Entered: 06/20/2011)

06/20/2011 17 NOTICE OF MOTION AND MOTION for Order for Appointment as Lead Plaintiffs and Approval of Selection of Counsel filed by Movants Kenneth Kruse and Emmogene Kruse Willis E Short, II. Motion set for hearing on 7/25/2011 at 01:30 PM before Judge John A Kronstadt. (Attachments: # 1 Proposed Order)(Dente, Matthew) (Entered: 06/20/2011)

06/20/2011 18 MEMORANDUM in Support of MOTION for Order for Appointment as Lead Plaintiffs and Approval of Selection of Counsel 17 by Movants Kenneth Kruse and Emmogene Kruse filed by Plaintiff Willis E Short, II. (Dente, Matthew) (Entered: 06/20/2011)

06/20/2011 19 DECLARATION of Matthew S. Dente in support of MOTION for Order for Appointment as Lead Plaintiffs and Approval of Selection of Counsel 17 by Movants Kenneth Kruse and Emmogene Kruse filed by Plaintiff Willis E Short, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dente, Matthew) (Entered: 06/20/2011)

06/22/2011 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related), Declaration (Motion related) 19 , Memorandum in Support of Motion 18 , MOTION for Order for Appointment as Lead Plaintiffs and Approval of Selection of Counsel 17 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): These documents should be e-filed since new parties are being added (Kruse Movants). 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. (shb) (Entered: 06/27/2011)

06/24/2011 20 MINUTE ORDER IN CHAMBERS by Judge John A Kronstadt. The Court, on its own motion, continues the Status and Scheduling Conference is continued to 7/25/2011 at 1:30 p.m. (vdr) (Entered: 06/27/2011)

06/25/2011 21 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE on 7/25/2011 at 1:30 PM by Judge John A Kronstadt. Joint 26(f) Report Due 7/18/2011. The parties are reminded of their obligations under Fed.R.Civ.P. 26(a)(1) to disclose information (without awaiting a discovery request) and under R. 26(f) to confer on a discovery plan not later than twenty-one (21) days prior to the scheduling conference and to file a report with the Court entitled Joint Rule 16(b) Report not later than fourteen (14) days after they confer. (vdr) (Entered: 06/27/2011)

06/29/2011 23 Notice of Withdrawal of Motion for Order, 17 , Declaration (Motion related), Declaration (Motion related) 19 , Memorandum in Support of Motion 18 filed by Kenneth and Emmogene Kruse (Movants) Willis E Short, II. (Dente, Matthew) (Entered: 06/29/2011)

07/01/2011 24 NOTICE OF UNOPPOSED MOTION re MOTION for Order for Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 filed by Plaintiff Willis E Short, II. (Del Gaizo, Gregory) (Entered: 07/01/2011)

07/05/2011 25 ORDER by Courtroom Deputy Clerk: The document is accepted as filed. Counsel shall take notice of the CM/ECF procedures. Any future document will be stricken for failure to follow the procedures. RE: Declaration (Motion related), Declaration (Motion related) 19 , Memorandum in Support of Motion 18 , MOTION for Order for Appointment as Lead Plaintiffs and Approval of Selection of Counsel 17 (shb) Modified on 7/5/2011 (shb). (Entered: 07/05/2011)

07/18/2011 26 JOINT REPORT of RULE 16(B) filed by Plaintiff Willis E Short, II. (Del Gaizo, Gregory) (Entered: 07/18/2011)

07/25/2011 27 MINUTES OF Plaintiff's Motion 14 for Appointment of Lead Plaintiff and Approval of Selection of Counsel; Scheduling Conference held before Judge John A Kronstadt. The Court grants the motion to appoint Mr. Short as lead counsel. The Court sets the following deadlines: first amended complaint to be filed in FDIC case by 8/15/2011; first amended complaint to be filed in Short case by 8/25/2011; motions to dismissed to be filed by 9/16/2011; hearing on motions to dismiss 10/17/2011 at 1:30 PM. Status Conference continued to 10/17/2011 at 1:30 PM. Counsel shall meet and confer prior to 10/17 to discuss a proposed date for the class certification motion in the Short case.Court Reporter: Alex Joko. (vdr) (Entered: 08/03/2011)

08/25/2011 28 FIRST AMENDED COMPLAINT against Defendant James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir amending Complaint - (Discovery) 1 ; Jury Demand,filed by Plaintiffs Emmogene Kruse, Kenneth Kruse, Willis E Short, II (shb) (Entered: 08/26/2011)

09/01/2011 29 EXPARTE APPLICATION for Extension of Time to File Response to Amended Complaint filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Declaration, # 2 Proposed Order)(Oliva, James) (Entered: 09/01/2011)

09/06/2011 30 ORDER by Judge John A Kronstadt: granting 29 Defendants' Ex Parte Application for Extension of Time to Respond to Plaintiff's Amended Complaint. The Court, hereby ORDERS that the deadline for Defendants Suzanne Dondanville, Thomas E.Vessey, Beth Sanders, William A. McCalmon, Patrick J. Meyer, Bruce J. Bartells, Carole H. Beswick, Ronald J. Jeffrey, Douglas F. Welebir, Larry F. Jacinto, James R. Appleton and Stanley C. Weisser to respond to Plaintiff's Amended Complaint be extended by eighteen (18) days up to and including October 4, 2011. Plaintiff shall have 40 days to file his opposition to Defendants' anticipated motion to dismiss and Defendants shall have 15

days to file their reply. (lom) (Entered: 09/06/2011)

09/23/2011 31 MINUTE IN CHAMBERS ORDER CONTINUING STATUS CONFERENCE RE DISCOVERY, SCHEDULING CONFERENCE AND HEARING ON MOTION(S) TO DISMISS by Judge John A Kronstadt: The Court, on its own motion, continues the status conference re discovery, scheduling conference, and the hearing on the motion(s) to dismiss from October 17, 2011 to November 28, 2011 at 1:30 p.m., to coincide with related Case No. LA CV11-00476 JAK (PLAx). (shb) (Entered: 09/23/2011)

09/27/2011 32 EX PARTE APPLICATION to Exceed Page Limitation as to Defendants' Joint Motion to Dismiss Amended Complaint filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Declaration, # 2 Proposed Order)(Oliva, James) (Entered: 09/27/2011)

09/28/2011 33 ORDER by Judge John A Kronstadt: granting Ex Parte Application 32 for Leave to File Excess Pages. Defendants may file a consolidated, omnibus memorandum of law in support of their motion(s) to dismiss the Amended Complaint that does not exceed thirty-five pages. Plaintiffs also shall have thirty-five pages for their brief in opposition to Defendants Motion to Dismiss. (vdr) (Entered: 09/29/2011)

10/04/2011 34 NOTICE OF MOTION AND MOTION to Dismiss Case Amended Complaint filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. Motion set for hearing on 12/19/2011 at 01:30 PM before Judge John A Kronstadt. (Attachments: # 1 Memorandum, # 2 Proposed Order)(McDonald, Mark) (Entered: 10/04/2011)

10/04/2011 35 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Amended Complaint 34 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (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, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(McDonald, Mark) (Entered: 10/04/2011)

10/05/2011 36 MINUTE ORDER IN CHAMBERS ORDER ADVANCING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT by Judge John A Kronstadt: The Court, on its own motion, advances the above-referenced motion from December 19, 2011 to November 28, 2011 at 8:30 a.m. (bp) (Entered: 10/06/2011)

10/05/2011 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case Amended Complaint 34 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. (shb) (Entered: 10/11/2011)

10/10/2011 37 STIPULATION to Continue the Hearing on Defendants' Motion To Dismiss Plaintiffs' Amended Complaint from 11/28/2011 at 8:30 a.m. to 12/12/2011 at 8:30 a.m. filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer,

Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Proposed Order)(Oliva, James) (Entered: 10/10/2011)

10/11/2011 39 Notice of Interested Parties filed by Defendants All Defendants, (Oliva, James) (Entered: 10/11/2011)

10/11/2011 40 ORDER by Clerk of Court Defendant has filed its notice of interested parties on October 11, 2011 (Dkt. 39) and, therefore, the motion is accepted as filed. RE: MOTION to Dismiss Case Amended Complaint 34 (shb) (Entered: 10/12/2011)

10/26/2011 41 TRANSCRIPT for proceedings held on JULY 25, 2011, 1:30 PM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number [email protected]. 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 11/16/2011. Redacted Transcript Deadline set for 11/26/2011. Release of Transcript Restriction set for 1/24/2012. (dc) (Entered: 10/26/2011)

10/26/2011 42 NOTICE OF FILING TRANSCRIPT filed for proceedings 07-25-2011 (dc) (Entered: 10/26/2011)

10/28/2011 43 ORDER GRANTING STIPULATION 37 by Judge John A Kronstadt. The hearing on Defendants motion to dismiss Plaintiffs Amended Complaint, the status conference re: discovery, and the scheduling conference is continued to 1/9/2012 at 8:30 a.m. (vdr) (Entered: 10/31/2011)

11/14/2011 44 MEMORANDUM in Opposition to MOTION to Dismiss Case Amended Complaint 34 filed by Plaintiff Willis E Short, II. (Del Gaizo, Gregory) (Entered: 11/14/2011)

11/29/2011 45 REPLY In Support of Motion MOTION to Dismiss Case Amended Complaint 34 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) (Entered: 11/29/2011)

12/23/2011 46 (IN CHAMBERS) ORDER CONTINUING DEFENDANTS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT (Dkt. 34), SCHEDULING CONFERENCE AND STATUS CONFERENCE RE DISCOVERY by Judge John A Kronstadt: The Court, on its own motion, continues the above-referenced motion, status conference, and scheduling conference from January 9, 2012 to February 13, 2012 at 8:30 a.m. 34 (ake) (Entered: 12/23/2011)

02/13/2012 47 NOTICE of Change of Attorney Information for attorney Felipe J Arroyo counsel for Plaintiff Willis E Short, II. Adding Felipe J. Arroyo as attorney as counsel of record for Willis E. Short II for the reason indicated in the G-06 Notice. Filed by plaintiff Willis E. Short II (Arroyo, Felipe) (Entered: 02/13/2012)

02/13/2012 48 NOTICE of Change of Attorney Information for attorney Julia M Williams counsel for Plaintiff Willis E Short, II. Adding Julia M. Williams as attorney as counsel of record for Willis E. Short II for the reason indicated in the G-06 Notice. Filed by plaintiff Willis E. Short II (Williams, Julia) (Entered: 02/13/2012)

02/13/2012 49 MINUTES OF DEFENDANTS' MOTION 34 TO DISMISS; SCHEDULING CONFERENCE held before Judge John A Kronstadt. Court and counsel confer. The Court grants the motion to dismiss. Last day to file a second amended complaint is 3/12/2012. Last day to respond to the second amended complaint is 4/9/2012. A status conference is set for 6/4/2012 at 1:30 PM. A joint report is due 5/28/2012.Court

Reporter: Alex Joko. (vdr) (Entered: 02/21/2012)

03/12/2012 50 SECOND AMENDED COMPLAINT against Defendant James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir amending First Amended Complaint, 28 ,filed by Plaintiff Willis E Short, II (shb) (vdr). (Entered: 03/13/2012)

04/04/2012 51 STIPULATION to Exceed Page Limitation as to Defendants' Omnibus Motion to Dismiss Plaintifs' Second Amended Complaint filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Proposed Order)(Oliva, James) (Entered: 04/04/2012)

04/05/2012 52 ORDER RE: STIPULATION 51 INCREASING THE PAGE LIMITS by Judge John A Kronstadt. (vdr) (Entered: 04/05/2012)

04/09/2012 53 [DOCUMENT STRICKEN] - NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Second Amended Complaint filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. Motion set for hearing on 5/7/2012 at 08:30 AM before Judge John A Kronstadt. (Attachments: # 1 Proposed Order)(McDonald, Mark) Modified on 4/10/2012 (rne). (Entered: 04/09/2012)

04/09/2012 54 [DOCUMENT STRICKEN] MEMORANDUM in Support of MOTION to Dismiss Case Plaintiffs' Second Amended Complaint 53 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) Modified on 4/10/2012 (ake). (Entered: 04/09/2012)

04/09/2012 55 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Plaintiffs' Second Amended Complaint 53 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, Part 1, # 8 Exhibit G, Part 2, # 9 Exhibit G, Part 3, # 10 Exhibit G, Part 4, # 11 Exhibit G, Part 5, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M)(McDonald, Mark) (Entered: 04/09/2012)

04/10/2012 56 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John A Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Dismiss Case Plaintiffs' Second Amended Complaint 53 , for the following reasons: The motion is set for a day that the Court's calendar is full and, therefore, closed. (rne) (Entered: 04/10/2012)

04/11/2012 57 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. Motion set for hearing on 6/11/2012 at 08:30 AM before Judge John A Kronstadt. (Attachments: # 1 Proposed Order)(McDonald, Mark) (Entered: 04/11/2012)

04/13/2012 (IN CHAMBERS) ORDER CONTINUING STATUS CONFERENCE RE STATUS OF CASE AND DISCOVERY by Judge John A Kronstadt: The Court, on its own motion, continues the status conference from June 4, 2012 to June 11, 2012 at 8:30 a.m., to be heard with Defendant's motion to dismiss. 49 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 04/13/2012)

05/21/2012 58 MEMORANDUM in Opposition to MOTION to Dismiss Case Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof 57 filed by Plaintiff Willis E Short, II. (Williams, Julia) (Entered: 05/21/2012)

05/22/2012 59 STIPULATION for Extension of Time to File Reply filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Proposed Order)(Oliva, James) (Entered: 05/22/2012)

05/23/2012 60 ORDER by Judge John A Kronstadt, GRANTING Stipulation for Extension of Time to File Response/Reply, 59 . IT IS HEREBY ORDERED THAT: The deadline for Defendants to file their Reply brief in support of their Motion to Dismiss Plaintiffs Second Amended Complaint is extended up to and including June 1, 2012. (shb) (Entered: 05/23/2012)

05/24/2012 (IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (DKT. 57) AND STATUS CONFERENCE RE CASE AND DISCOVERY by Judge John A Kronstadt: The Court, on its own motion, continues the motion and status conference from June 11, 2012 to July 23, 2012 at 8:30 a.m. 57 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 05/24/2012)

07/09/2012 61 REPLY In Support Of MOTION to Dismiss Case Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof 57 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) Modified on 7/10/2012 (shb). Modified on 7/10/2012 (shb). (Entered: 07/09/2012)

07/10/2012 62 [DOCUMENT STRICKEN PURSUANT TO G-11 NOTICE OF CLERICAL ERROR DATED 7/10/2012] - ORDER by Judge John A Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Reply (Motion related), Reply (Motion related) 61 , for the following reasons: Pursuant to this Court's Standing Order (See p. 6, 9(c)), a reply shall not exceed 10 pages. Counsel shall re-file the reply no later than July 12, 2012. (shb) Modified on 7/10/2012 (shb). (Entered: 07/10/2012)

07/10/2012 63 NOTICE OF CLERICAL ERROR: Due to clerical error: The Court granted counsel leave to file the Reply beyond the page limit. See, Dkt. 52. Accordingly, the Order to Strike is withdrawn and shall be stricken. Re: Striking Electronically Filed Documents (G-106) 62 (shb) (Entered: 07/10/2012)

07/11/2012 64 NOTICE of Change of Attorney Information for attorney Gregory E Del Gaizo counsel for Plaintiff Willis E Short, II. Adding Gregory E. Del Gaizo as attorney as counsel of record for Plaintiff Willis E. Short, II for the reason indicated in the G-06 Notice. Filed by plaintiff Willis E. Short, II (Del Gaizo, Gregory) (Entered: 07/11/2012)

07/16/2012 65 JOINT STATUS REPORT filed by Plaintiff Willis E Short, II. (Williams, Julia) (Entered: 07/16/2012)

07/19/2012 66 TRANSCRIPT for proceedings held on 02-13-2012 10:00 a.m.. Court Reporter/Electronic Court Recorder: ALEXANDER T. JOKO, CSR NO. 12272, email [email protected]. 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 8/9/2012. Redacted Transcript Deadline set for 8/19/2012. Release of Transcript Restriction set for 10/17/2012. (Duvall, Richard) (Entered: 07/19/2012)

07/19/2012 67 NOTICE OF FILING TRANSCRIPT filed for proceedings 02-13-2012 10:00 a.m. re Transcript 66 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Duvall, Richard) TEXT ONLY ENTRY (Entered: 07/19/2012)

07/23/2012 70 MINUTES OF DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT (Dkt. 57) (Case No. ED CV11-00615 JAK (PLAx)); STATUS CONFERENCE RE STATUS OF CASE, DATES AND DISCOVERY (Both Cases); taking under advisement 57 Motion to Dismiss Case ; Motion Hearing held before Judge John A Kronstadt:; Status Conference held before Judge John A Kronstadt:Court Reporter: Alex Joko. (shb) (Entered: 07/27/2012)

07/27/2012 68 TRANSCRIPT for proceedings held on 07-23-2012 8:30 a.m.. Court Reporter/Electronic Court Recorder: ALEXANDER T. JOKO, CSR NO. 12272, email [email protected]. 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 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012. (Duvall, Richard) (Entered: 07/27/2012)

07/27/2012 69 NOTICE OF FILING TRANSCRIPT filed for proceedings 07-23-2012 8:30 a.m. re Transcript 68 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Duvall, Richard) TEXT ONLY ENTRY (Entered: 07/27/2012)

09/14/2012 71 SUPPLEMENT to MOTION to Dismiss Case Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof 57 Supplemental Authority in Connection with Pending Motion to Dismiss filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McDonald, Mark) (Entered: 09/14/2012)

09/20/2012 72 RESPONSE filed by Plaintiff Willis E Short, IIto Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) 71 (Del Gaizo, Gregory) (Entered: 09/20/2012)

09/27/2012 73 STATUS REPORT Joint Status Report filed by Plaintiff Willis E Short, II. (Del Gaizo, Gregory) (Entered: 09/27/2012)

09/28/2012 74 IN CHAMBERS) ORDER CONTINUING OCTOBER 1, 2012 STATUS CONFERENCE by Judge John A Kronstadt: The Court has reviewed the Joint Status Report (Dkt. 73) and continues the Status Conference from October 1, 2012 to October 16, 2012 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 09/28/2012)

10/05/2012 76 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION 57 TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT by Judge John A Kronstadt. Defendants moved to dismiss Plaintiffs Second Amended Complaint 57 . The Court

heard oral argument in this matter on 7/23/2012 and took Defendants motion under submission 70 . For the reasons stated in this Order, the Court DENIES in part Defendants motion to dismiss, GRANTS the motion in part with leave to amend, and GRANTS the motion in it part without leave to amend. Any amended complaint shall be filed on or before 10/22/2012. (vdr) (Entered: 10/09/2012)

10/09/2012 75 (IN CHAMBERS) ORDER ADVANCING OCTOBER 16, 2012 STATUS CONFERENCE by Judge John A Kronstadt: The Court, on its own motion, advances the Status Conference from October 16, 2012 to October 15, 2012 at 1:30 p.m. 74 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 10/09/2012)

10/15/2012 77 MINUTES of Status Conference Re Discovery and Scheduling held before Judge John A Kronstadt. Case called. Counsel make appearances. Court encourages parties to continue working towards settlement. If, after careful consideration, Defendants decide to file a motion to dismiss, the following briefing schedule is set: Motion filed by 11/12/2012, Opposition filed by 12/3/2012, Reply filed by 12/10/2012, and Motion Hearing set for 12/17/2012 at 8:30 am. Court Reporter: Alex Joko. (csi) (Entered: 10/19/2012)

10/22/2012 78 THIRD AMENDED COMPLAINT against Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir; Party Emmogene Kruse and Kenneth Kruse terminated amending Amended Complaint, 50 ; Jury Demand,filed by Plaintiff Willis E Short, II (shb) (Additional attachment(s) added on 10/25/2012: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C) (shb). (Entered: 10/25/2012)

10/25/2012 79 [DOCUMENT STRICKEN PURSUANT TO ORDER G-106 DATED 10/26/2012] - NOTICE OF ERRATA filed by Plaintiff Willis E Short, II. correcting Amended Complaint,, 78 (Attachments: # 1 Exhibit 1 - [Corrected] Third Amended Complaint, # 2 Exhibit A to Exhibit 1, # 3 Exhibit B to Exhibit 1, # 4 Exhibit C to Exhibit 1)(Del Gaizo, Gregory) Modified on 10/26/2012 (shb). (Entered: 10/25/2012)

10/26/2012 80 ORDER by Judge John A Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Errata, 79 , for the following reasons: This is not proper. Counsel shall file a stipulation or request with a proposed order to correct the Third Amended Complaint (Dkt. 78). If such is approved by the Court, the Corrected Third Amended Complaint would need to be manually filed pursuant to the Local Rules.; (shb) (Entered: 10/26/2012)

10/31/2012 81 STIPULATION to Correct Amended Complaint,, 78 Willis E Short, II. (Attachments: # 1 Proposed Order)(Del Gaizo, Gregory) (Entered: 10/31/2012)

11/01/2012 82 (IN CHAMBERS) ORDER TAKING NOVEMBER 5, 2012 POST MEDIATION STATUS CONFERENCE OFF CALENDAR by Judge John A Kronstadt: The Court takes the Post Mediation Status Conference off calendar. 70 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 11/01/2012)

11/01/2012 83 ORDER by Judge John A Kronstadt, re Stipulation to File Third Amended Complaint 81 (shb) (Entered: 11/01/2012)

11/02/2012 84 CORRECTED THIRD AMENDED COMPLAINT against Defendant James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir amending Amended Complaint, 78 ;

Jury Demand, filed by Plaintiff Willis E Short, II (shb) (Additional attachment(s) added on 11/7/2012: # 1 part 2) (shb). (Entered: 11/06/2012)

11/06/2012 85 TRANSCRIPT for proceedings held on MONDAY, OCTOBER 15, 2012, 1:50 PM. Court Reporter/Electronic Court Recorder: ALEXANDER T. JOKO, CSR NO. 12272, email [email protected] . 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 11/27/2012. Redacted Transcript Deadline set for 12/7/2012. Release of Transcript Restriction set for 2/4/2013. (mw) (Entered: 11/06/2012)

11/06/2012 86 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, OCTOBER 15, 2012, 1:50 PM re Transcript 85 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mw) TEXT ONLY ENTRY (Entered: 11/06/2012)

11/12/2012 87 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Third Amended Complaint filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. Motion set for hearing on 12/17/2012 at 08:30 AM before Judge John A Kronstadt. (Attachments: # 1 Memorandum, # 2 Proposed Order)(McDonald, Mark) (Entered: 11/12/2012)

11/12/2012 88 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Plaintiff's Third Amended Complaint 87 Exhibits A-M filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (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)(McDonald, Mark) (Entered: 11/12/2012)

11/12/2012 89 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Plaintiff's Third Amended Complaint 87 Exhibits N-Z filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Exhibit N, # 2 Exhibit O, # 3 Exhibit P, # 4 Exhibit Q, # 5 Exhibit R, # 6 Exhibit S, # 7 Exhibit T, # 8 Exhibit U, # 9 Exhibit V, # 10 Exhibit W, # 11 Exhibit X, # 12 Exhibit Y, # 13 Exhibit Z (Part 1), # 14 Exhibit Z (Part 2))(McDonald, Mark) (Entered: 11/12/2012)

11/12/2012 90 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,, 76 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey. Motion set for hearing on 12/17/2012 at 08:30 AM before Judge John A Kronstadt. (Attachments: # 1 Memorandum)(McDonald, Mark) (Entered: 11/12/2012)

11/26/2012 91 MEMORANDUM in Opposition to MOTION to Dismiss Case Plaintiff's Third Amended Complaint 87 , MOTION for Reconsideration re Order on Motion to Dismiss Case,, 76 MOTION for Reconsideration re Order on Motion to Dismiss Case,, 76 90 Plaintiffs' Opposition to Defendants' Motion for Reconsideration of October 5, 2012 Order, or, in the Alternative, to Certify for Immediate Appeal filed by Plaintiff Willis E Short, II. (Del Gaizo, Gregory) (Entered: 11/26/2012)

11/26/2012 92 DECLARATION of Gregory E. Del Gaizo in opposition to MOTION to Dismiss Case

Plaintiff's Third Amended Complaint 87 , MOTION for Reconsideration re Order on Motion to Dismiss Case,, 76 MOTION for Reconsideration re Order on Motion to Dismiss Case,, 76 90 filed by Plaintiff Willis E Short, II. (Attachments: # 1 Exhibit A)(Del Gaizo, Gregory) (Entered: 11/26/2012)

12/03/2012 93 REPLY In Support of MOTION for Reconsideration re Order on Motion to Dismiss Case,, 76 MOTION for Reconsideration re Order on Motion to Dismiss Case,, 76 90 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) (Entered: 12/03/2012)

12/03/2012 94 MEMORANDUM in Opposition to Defendants' Motion to Dismiss [Corrected] Plaintiffs' Third Amended Complaint filed by Plaintiff Willis E Short, II. (Del Gaizo, Gregory) (Entered: 12/03/2012)

12/03/2012 95 DECLARATION of Gregory E. Del Gaizo in Opposition to MOTION to Dismiss Case Plaintiff's Third Amended Complaint 87 filed by Plaintiff Willis E Short, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Del Gaizo, Gregory) (Entered: 12/03/2012)

12/04/2012 96 (IN CHAMBERS) ORDER DIRECTING DEFENDANTS TO ADHERE TO COURTS STANDING ORDER RE REPLY PAPERS by Judge John A. Kronstadt: The Court has received Defendants' Reply in Support of Defendants' Motion for Reconsideration of October 5, 2012 Order Or, in the Alternative, to Certify for Immediate Appeal (Dkt. 93) ("Reply"), which does not comply with the Courts Initial Standing Order, p. 6, 9(c), with respect to reply papers not exceeding 10 pages. The Reply is accepted as filed, however any future document will be stricken if it fails to adhere to the Local Rules and/or the Courts Standing Orders. 93 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 12/04/2012)

12/10/2012 97 REPLY In Support of MOTION to Dismiss Case Plaintiff's Third Amended Complaint 87 filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) (Entered: 12/10/2012)

12/17/2012 98 MINUTES OF DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT 87 DEFENDANTS' MOTION FOR RECONSIDERATION OF OCTOBER 5, 2012 ORDER, OR IN THE ALTERNATIVE, TO CERTIFY FOR IMMEDIATE APPEAL 90 Motion Hearing held before Judge John A Kronstadt: The Court states its tentative views that it is inclined to deny Defendants' Motion for Reconsideration and will consider further the substantive arguments made with respect to the Motion to Dismiss. The Court takes the Motion UNDER SUBMISSION and will issue a written ruling.Court Reporter: Alex Joko. (bp) (Entered: 12/20/2012)

12/28/2012 99 NOTICE Plaintiffs' Notice of Supplemental Authority filed by Plaintiff Willis E Short, II. (Attachments: # 1 Exhibit A)(Del Gaizo, Gregory) (Entered: 12/28/2012)

01/08/2013 100 SUPPLEMENT DEFENDANTS' RESPONSE TO NOTICE OF SUPPLEMENTAL AUTHORITY IN CONNECTION WITH PENDING MOTION TO DISMISS filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) (Entered: 01/08/2013)

03/08/2013 101 NOTICE OF STATUS CONFERENCE filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey,

William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Exhibit A)(Oliva, James) (Entered: 03/08/2013)

04/04/2013 102 (IN CHAMBERS) ORDER ADVANCING TIME OF APRIL 8, 2013 STATUS CONFERENCE by Judge John A Kronstadt: The Court, on its own motion, advances the April 8, 2013 Status Conference re Settlement from 3:00 p.m. to 1:30 p.m. 101 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 04/04/2013)

04/04/2013 103 STATUS REPORT JOINT STATUS CONFERENCE REPORT filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Douglas F. Welebir. (McDonald, Mark) (Entered: 04/04/2013)

04/04/2013 104 Notice of Electronic Filing re Status Report, 103 , Text Only Scheduling Notice, 102 e- mailed to [email protected] bounced due to unknown address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to [email protected] . Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered: 04/05/2013)

04/05/2013 105 NOTICE of Change of Attorney Information for attorney James Oliva counsel for Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. JAMES OLIVA will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.JAMES OLIVA is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by DEFENDANTS DONDANVILLE, VESSEY, SANDERS, MCCALMON, MEYER, BARTELLS, BESWICK, JEFFREY, WELEBIR, JACINTO, APPELTON AND WEISSER (Oliva, James) (Entered: 04/05/2013)

04/08/2013 106 MINUTES: STATUS CONFERENCE: The status conference is held. The Court has reviewed the parties' Joint Status Conference Report filed on April 4, 2013 in both matters and states its tentative views that it is inclined to stay discovery until it issues its final ruling on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint (Dkt. 87) and Motion for Reconsideration of October 5, 2012 Order, Or in the Alternative, to Certify for ImmediateAppeal (Dkt. 90) in the Short v. Dondanville matter. Counsel address the Court. Counsel for the FDIC addresses the Court as to why it objects to staying discovery, including potential issues from having to reschedule 8-10 depositions. In light of the two depositions scheduled in two weeks, the Court directs counsel to confer to determine what depositions, if any, should proceed as scheduled. The Court adheres to its tentative views and stays discovery pending its final ruling on the submitted motions. A Status Conference is set for May 13, 2013 at 1:30 p.m. Counsel shall file a joint report regarding the status of the case and discovery by May 6, 2013. The Court expects to issue its final ruling prior to the May 13, 2013 hearing and will determine whether the hearing is necessary upon review of the parties' joint report IT IS SO ORDERED by Judge John A. Kronstadt Court Reporter: Alex Joko. (ir) (Entered: 04/09/2013)

04/18/2013 107 NOTICE of Change of address by Mark R McDonald attorney for Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. Changing attorneys address to 707

Wilshire Blvd., Suite 6000, Los Angeles, CA 90017-3543. Filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) (Entered: 04/18/2013)

05/08/2013 108 STATUS REPORT JOINT STATUS REPORT filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) (Entered: 05/08/2013)

05/09/2013 109 (IN CHAMBERS) ORDER CONTINUING MAY 13, 2013 STATUS CONFERENCE by Judge John A Kronstadt: The Court has reviewed the parties' Joint Status Report and continues the Status Conference to June 3, 2013 at 1:30 p.m. 108 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 05/09/2013)

05/28/2013 110 STATUS REPORT JOINT filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (McDonald, Mark) (Entered: 05/28/2013)

05/30/2013 111 NOTICE of Appearance filed by attorney Kevin S Kim on behalf of Plaintiff Willis E Short, II (Kim, Kevin) (Entered: 05/30/2013)

05/31/2013 112 (IN CHAMBERS) ORDER CONTINUING JUNE 3, 2013 STATUS CONFERENCE by Judge John A Kronstadt: The Court has reviewed the parties' Joint Status Report and in light of the pending order that remains under submission, the Status Conference is continued to June 24, 2013 at 1:30 p.m. 110 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 05/31/2013)

06/04/2013 113 TRANSCRIPT for proceedings held on APRIL 8, 2013, 1:30 PM. Court Reporter/Electronic Court Recorder: ALEXANDER T. JOKO, phone number [email protected]. 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 6/25/2013. Redacted Transcript Deadline set for 7/5/2013. Release of Transcript Restriction set for 9/2/2013. (mo) (Entered: 06/04/2013)

06/04/2013 114 NOTICE OF FILING TRANSCRIPT filed for proceedings APRIL 8, 2013, 1:30 PM re Transcript 113 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mo) TEXT ONLY ENTRY (Entered: 06/04/2013)

06/04/2013 115 NOTICE of Decision: Notice of Supplemental Authority filed by Plaintiffs Emmogene Kruse, Kenneth Kruse, Willis E Short, II. (Attachments: # 1 Exhibit A)(Kim, Kevin) (Entered: 06/04/2013)

06/06/2013 116 RESPONSE filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisserto Notice of Decision by other Court 115 TO NOTICE OF SUPPLEMENTAL AUTHORITY IN CONNECTION WITH PENDING MOTION TO DISMISS (McDonald, Mark) (Entered: 06/06/2013)

06/17/2013 117 STATUS REPORT filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon,

Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Exhibit A)(McDonald, Mark) (Entered: 06/17/2013)

06/17/2013 118 STATUS REPORT Plaintiffs' Status Conference Report filed by Plaintiff Willis E Short, II. (Williams, Julia) (Entered: 06/17/2013)

06/18/2013 119 Notice of Appearance or Withdrawal of Counsel: for attorney Julia M Williams counsel for Plaintiff Willis E Short, II. Kevin S. Kim is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Willis E. Short II. (Williams, Julia) (Entered: 06/18/2013)

06/21/2013 120 (IN CHAMBERS) ORDER CONTINUING JUNE 24, 2013 STATUS CONFERENCE by Judge John A Kronstadt: The Court has reviewed the parties' Joint Status Report (Dkt. 118). The Court anticipates issuing its final order on the submitted matters next week and, therefore, the June 24, 2013 Status Conference is continued to July 1, 2013 at 1:30 p.m. 118 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 06/21/2013)

06/24/2013 121 STIPULATION to Reschedule Status Conference filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Proposed Order)(McDonald, Mark) (Entered: 06/24/2013)

06/25/2013 122 (IN CHAMBERS) ORDER RE DEFENDANTS' MOTION TO DISMISS THE THIRD AMENDED COMPLAINT (DKT. 87) AND DEFENDANTS' MOTION FOR RECONSIDERATION OF OCTOBER 5, 2012 ORDER, OR IN THE ALTERNATIVE, TO CERTIFY FOR IMMEDIATE APPEAL (DKT. 90) by Judge John A. Kronstadt: For the foregoing reasons, the Motion is GRANTED IN PART. The Court concludes an amended complaint is not necessary. It will impose unnecessary, further delay. Accordingly, the Court strikes all allegations except for those based on the Second Quarter 2008 Earnings Release statement regarding the reason for seeking additional capital and the related liability under Section 20(a). (See document for details) 87 90 (ake) (Entered: 06/25/2013)

06/25/2013 123 ORDER by Judge John A. Kronstadt, Granting Stipulation to Reschedule Status Conference 121 . The Status Conference in this action shall be set for 7/15/13 at 1:30 pm. (ir) (Entered: 06/26/2013)

07/15/2013 126 AMENDED MINUTES 124 : Status Conference by Judge John A. Kronstadt. (ir) (Entered: 08/08/2013)

07/16/2013 124 MINUTES OF Status Conference held before Judge John A. Kronstadt:, ORDER by Judge John A. Kronstadt. Status Conference set for 9/9/2013 01:30 PM before Judge John A. Kronstadt.Court Reporter: Alex Joko. (rne) (Entered: 07/18/2013)

07/26/2013 125 MINUTE ORDER IN CHAMBERS: (IN CHAMBERS) ORDER RE PILOT PROGRAM FOR UNDER SEAL DOCUMENTS by Judge John A. Kronstadt: This Court is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed sealed documents must be submitted via email to the Judge's Chambers' email at: [email protected] consistent with this Order. (dv) (Entered: 07/26/2013)

08/16/2013 127 STIPULATION to Dismiss Case filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Attachments: # 1 Proposed Order)(McDonald, Mark) (Entered: 08/16/2013)

09/03/2013 128 STATUS REPORT for September 9, 2013 Status Conference filed by Defendants James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Suzanne Dondanville, Larry Jacinto, Ronald J. Jeffrey, William A McCalmon, Patrick J. Meyer, Beth Sanders, Thomas E Vessey, Stanley C. Weisser, Douglas F. Welebir. (Balian, Saro) (Entered: 09/03/2013)

09/05/2013 129 ORDER GRANTING STIPULATION TO DISMISS WITH PREJUDICE AND ENTRY OF JUDGMENT 127 by Judge John A. Kronstadt. THE COURT HEREBY ORDERS as follows: The Corrected Third Amended Complaint is dismissed with prejudice in its entirety; Judgment is entered against Plaintiffs and for Defendants; Each party shall bear their own costs and fees. (Made JS-6. Case Terminated.) (lom) (Entered: 09/06/2013)

10/07/2013 130 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Willis E Short, II. Appeal of Order on Motion to Dismiss Case, Order on Motion for Reconsideration,,,, 122 , Stipulation and Order, Terminated Case,, 129 (Appeal fee of $455 receipt number 0973- 12805005 paid.) (Attachments: # 1 Exhibit Orde re Defendants' Motion to Dismiss the Third Amended Complaint and Defendants' Motion for Reconsideration October 5, 2012 Order, or in the Alternative, to Certify for Immediate Appeal, # 2 Exhibit Order Granting Stipulation to Dismiss with Prejudice and Entry of Judgment)(Williams, Julia) (Entered: 10/07/2013)

10/07/2013 131 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals,, 130 . (Williams, Julia) (Entered: 10/07/2013)

10/08/2013 132 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56751, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 130 as to Plaintiff Willis E Short, II. (car) (Entered: 10/09/2013)

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