U.S. District Court DISTRICT OF ARIZONA (Phoenix Division ...securities.stanford.edu/filings-documents/1041/MRX... · Matthew P Montgomery Coughlin Stoia Geller Rudman & Robbins LLP

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

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division)

CIVIL DOCKET FOR CASE #: 2:08-cv-01821-GMS

In re: Medicis Pharmaceutical Corp. Securities Litigation Date Filed: 10/03/2008 Assigned to: Judge G Murray Snow Date Terminated: 02/28/2012 Cause: 28:1331 Fed. Question: Securities Violation Jury Demand: Both

Nature of Suit: 890 Other Statutes: Other Statutory Actions Jurisdiction: Federal Question

Plaintiff

Andrew Hall

represented by Jeremy James Christian Individually and on behalf of all others

Tiffany & Bosco PA

similarly situated

Camelback Esplanade II 2525 E Camelback Rd 3rd Floor Phoenix, AZ 85016 602-255-6038 Fax: 602-255-0103 Email: [email protected] TERMINATED: 12/07/2010 ATTORNEY TO BE NOTICED

Jeremy A Lieberman Pomerantz Grossman Hufford Dahlstrom & Gross LLP 600 3rd Ave., 20th Fl. New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Patrick V Dahlstrom Pomerantz Haudek Grossman & Gross LLP - Chicago, IL 10 S LaSalle St., Ste. 3505 Chicago, IL 60603 312-377-1181 Fax: 312-377-1184 Email: [email protected] ATTORNEY TO BE NOTICED

Richard Glenn Himelrick Tiffany & Bosco PA

Camelback Esplanade II 2525 E Camelback Rd., 3rd Fl. Phoenix, AZ 85016-9239 602-255-6021 Fax: 602-255-0103 Email: [email protected] TERMINATED: 12/07/2010 ATTORNEY TO BE NOTICED

Robert J Hodgson Pomerantz Grossman Hufford Dahlstrom & Gross LLP 600 3rd Ave., 20th Fl. New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Susan Joan Martin Martin & Bonnett PLLC 1850 N Central Ave., Ste. 2010 Phoenix, AZ 85004 602-240-6900 Fax: 602-240-2345 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Steven Rand represented by Jennifer Lynn Kroll Martin & Bonnett PLLC 1850 N Central Ave., Ste. 2010 Phoenix, AZ 85004 602-240-6900 Fax: 602-240-2345 Email: [email protected] ATTORNEY TO BE NOTICED

Jeremy A Lieberman (See above for address) ATTORNEY TO BE NOTICED

Patrick V Dahlstrom (See above for address) ATTORNEY TO BE NOTICED

Susan Joan Martin (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Local 449 Steamfitters Pension Fund Individually and on Behalf of All Others Similarly Situated

represented by Andrew S Friedman Bonnett Fairbourn Friedman & Balint PC - Phoenix, AZ 2325 E Camelback Rd., Ste. 300 Phoenix, AZ 85016 602-776-5903 Fax: 602-274-1199 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew P Montgomery Coughlin Stoia Geller Rudman & Robbins LLP 655 W Broadway Ste 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] TERMINATED: 04/14/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erik Peterson Coughlin Stoia Geller Rudman & Robbins LLP 655 W Broadway Ste 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] TERMINATED: 04/14/2009

Ramzi Abadou Barroway Topaz Kessler Meltzer & Check 580 California St., Ste. 1750 San Francisco, CA 94104 415-400-3000 Email: [email protected] TERMINATED: 04/14/2009

Plaintiff

Darlene Oliver represented by Jennifer Lynn Kroll Individually and on Behalf of All Others

(See above for address)

Similarly Situated

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Joan Martin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy A Lieberman (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Medicis Pharmaceutical Corporation represented by Anna Hsia , Goodwin Procter LLP 135 Commonwealth Drive

Menlo Park, CA 94025-1105 650-752-3100 Fax: 650-853-1038 Email: [email protected] ATTORNEY TO BE NOTICED

Blake E Williams Goodwin Procter LLP 3 Embarcadero Ctr 24th Floor San Francisco, CA 94111 415-733-6000 Fax: 415-677-9401 Email: [email protected] TERMINATED: 05/03/2010

Brian E Pastuszenski Goodwin Procter LLP 53 State St Boston, MA 02109 617-570-1000 Fax: 617-523-1231 Email: [email protected] ATTORNEY TO BE NOTICED

Joel Philip Hoxie Snell & Wilmer LLP - Phoenix, AZ 1 Arizona Center 400 E Van Buren Phoenix, AZ 85004-2202 602-382-6000 Fax: 602-382-6070 Email: [email protected]

ATTORNEY TO BE NOTICED

John D Cooke Goodwin Procter LLP 3 Embarcadero Ctr 24th Floor San Francisco, CA 94117 415-733-6000 Fax: 415-677-9401 Email: [email protected] TERMINATED: 05/03/2010

Joseph G Adams Snell & Wilmer LLP 1 Arizona Center 400 E Van Buren Phoenix, AZ 85004-2202 602-382-6207 Fax: 602-382-6070 Email: [email protected] ATTORNEY TO BE NOTICED

Lloyd Winawer Goodwin Procter LLP 135 Commonwealth Dr Menlo Park, CA 94025-1105 650-752-3100 Fax: 650-853-1038 Email: [email protected] ATTORNEY TO BE NOTICED

Maureen C Onyeagbako , Goodwin Procter LLP 135 Commonwealth Drive

Menlo Park, CA 94025-1105 650-752-3100 Fax: 650-853-1038 Email: [email protected] TERMINATED: 02/22/2012 ATTORNEY TO BE NOTICED

Defendant

Jonah Shacknai

represented by Blake E Williams (See above for address) TERMINATED: 05/03/2010

Brian E Pastuszenski (See above for address)


Joel Philip Hoxie (See above for address) ATTORNEY TO BE NOTICED

John D Cooke (See above for address) TERMINATED: 05/03/2010

Joseph G Adams (See above for address) ATTORNEY TO BE NOTICED

Lloyd Winawer (See above for address) ATTORNEY TO BE NOTICED

Defendant

Richard D Peterson represented by Blake E Williams (See above for address) TERMINATED: 05/03/2010

Brian E Pastuszenski (See above for address) ATTORNEY TO BE NOTICED





Defendant

Mark A Prygocki, Sr. represented by Blake E Williams (See above for address) TERMINATED: 05/03/2010

Brian E Pastuszenski (See above for address)






Defendant

Ernst & Young LLP represented by Alexander K Mircheff Gibson Dunn & Crutcher LLP 333 S Grand Ave Ste 4600 Los Angeles, CA 90071 213-229-7307 Fax: 213-229-6307 Email: [email protected] TERMINATED: 03/10/2011 ATTORNEY TO BE NOTICED

Dennis Orr , Morrison & Foerster LLP 1290 Ave. of the Americas

New York, NY 10104 212-468-8000 Fax: 212-468-7900 Email: [email protected] ATTORNEY TO BE NOTICED

Don P Martin Quarles & Brady LLP 1 Renaissance Sq 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5200 Fax: 602-420-5100 Email: [email protected] ATTORNEY TO BE NOTICED

Lauren Elliott Stine Quarles & Brady LLP 1 Renaissance Sq 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5474 Email: [email protected] ATTORNEY TO BE NOTICED

Nicole France Stanton Quarles & Brady LLP 2 N Central Ave 1 Renaissance Sq Phoenix, AZ 85004 602-229-5662 Fax: 602-229-5690 Email: [email protected] ATTORNEY TO BE NOTICED

Robert B Hubbell Morrison & Foerster LLP - Los Angeles, CA 555 W 5th St., Ste. 3500 Los Angeles, CA 90013-1024 213-892-5611 Email: [email protected] ATTORNEY TO BE NOTICED

Movant

Local 449 Steamfitters Pension Fund represented by Andrew S Friedman (See above for address) ATTORNEY TO BE NOTICED

Erik Peterson (See above for address) TERMINATED: 04/14/2009

Date Filed

10/03/2008

# Docket Text

1 COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000002272549, filed by Andrew Hall. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Prygocki Summons, # 3 Summons Medicis Summons, # 4 Summons Peterson Summons, # 5 Summons Shacknai Summons, # 6 Exhibit Plaintiff's Certification)(Christian, Jeremy) DOCKET TEXT MODIFIED TO REFLECT THE CORRECT FILER. Modified on 10/3/2008 (CMH, ). (Entered: 10/03/2008)

10/03/2008 This case has been assigned to the Honorable Michelle H. Burns. All future pleadings or documents should bear the correct case number: CIV 08-1821-PHX-MHB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMH, ) (Entered: 10/06/2008)

10/03/2008 2 Magistrate Election Form Deadline (Attachments: # 1 Magistrate Judge Election Form)(CMH, ) (Entered: 10/06/2008)

10/06/2008 3 Summons Issued as to Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, Mark A Prygocki, Sr. (Attachments: # 1 Mark A. Prygocki, # 2 Medicis Pharmaceutical Corp., # 3 Richard D. Peterson)(CMH, ). 'K'K'K IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 10/06/2008)

10/06/2008 4 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 10/07/2008)

10/07/2008 5 Minute Order Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge G. Murray Snow. All further pleadings/papers should now list the following COMPLETE case number: CV 08-1821-PHX-GMS. (MAP) (Entered: 10/07/2008)

11/19/2008 Remark as to attorneys Timothy W Brown, Phillip Kim and Laurence Rosen of Rosen Law Firm PA 350 5th Ave Ste 5508 New York NY 10118 removed from database for noncompliance with admission requirements, party represented by other admitted counsel. (BAS, ) (Entered: 11/19/2008)

12/02/2008 6 MOTION to Consolidate Cases, MOTION to Appoint Lead Plaintiff, MOTION to Appoint Counsel by Steamfitters Local 449 Pension Fund. (Attachments: # 1 Text of Proposed Order)(Friedman, Andrew) (Entered: 12/02/2008)

12/02/2008 7 MEMORANDUM re 6 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel by Movant Steamfitters Local 449 Pension Fund filed by Steamfitters Local 449 Pension Fund. (Friedman, Andrew) INCORRECT EVENT SELECTED, THIS ENTRY HAS BEEN MODIFIED FROM BRIEF TO MEMORANDUM Modified on 12/3/2008 (ESL, ). (Entered: 12/02/2008)

12/02/2008

12/02/2008

12/02/2008

12/05/2008

8 DECLARATION of of Andrew Friedman re 6 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel by Movant Steamfitters Local 449 Pension Fund filed by Steamfitters Local 449 Pension Fund. (Attachments: # 1 Exhibit A - First Notice, # 2 Exhibit B - Loss Chart, # 3 Exhibit C - Certification, # 4 Exhibit D - CSGRR Firm Resume, # 5 Exhibit E - Bonnett Fairbourn Firm Resume)(Friedman, Andrew) (Entered: 12/02/2008)

9 MOTION to Appoint Counsel MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RAND'S MTN TO BE APPOINTED LEAD PLAINTIFF COUNSEL AND LIAISON COUNSEL by Andrew Hall. (Attachments: # 1 Text of Proposed Order)(Martin, Susan) (Entered: 12/02/2008)

10 DECLARATION of DECLARATION OF PATRICK V. DAHLSTROM IN SUPPORT OF RAND'S MTN TO BE APPOINTED LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL by Plaintiff Andrew Hall. (Attachments: # 1 Exhibit)(Martin, Susan) (Entered: 12/03/2008)

11 NOTICE of Appearance by Joseph G Adams on behalf of Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, Mark A Prygocki, Sr (Adams, Joseph)

(Entered: 12/05/2008)

12/05/2008 12 MOTION for Admission Pro Hac Vice as to attorney Lloyd Winawer on behalf of defendants Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, and Mark A Prygocki, Sr. (BAS, ) (Entered: 12/05/2008)

12/05/2008 13 MOTION for Admission Pro Hac Vice as to attorney Brian E Pastuszenski on behalf of defendants Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, and Mark A Prygocki, Sr. (BAS, ) (Entered: 12/05/2008)

12/05/2008 14 MOTION for Admission Pro Hac Vice as to attorney Blake E Williams on behalf of defendants Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, and Mark A Prygocki, Sr. (BAS, ) (Entered: 12/05/2008)

12/05/2008 15 MOTION for Admission Pro Hac Vice as to attorney John D Cooke on behalf of defendants Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, and Mark A Prygocki, Sr. (BAS, ) (Entered: 12/05/2008)

12/05/2008 PRO HAC VICE FEE PAID. $ 400, receipt number PHX078591 as to John D Cooke, Brian E Pastuszenski, Blake E Williams, Lloyd Winawer. (BAS, ) (Entered: 12/05/2008)

12/05/2008

12/10/2008

12/19/2008

12/19/2008

01/02/2009

16 ORDER pursuant to General Order 05-25 granting 12 Motion for Admission Pro Hac Vice; granting 13 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice; granting 15 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov . (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/05/2008)

17 NOTICE of Change of Address by Susan Joan Martin (Martin, Susan) (Entered: 12/10/2008)

18 RESPONSE To Motion 6 Motion to appoint lead plaintiff, appoint counsel MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE TO COMPETING MOTIONS FOR APPOINTMENT OF LEAD PLAINTIFF COUNSEL AND LIAISON COUNSEL by Plaintiff Andrew Hall. (Martin, Susan) Modified on 12/22/2008 (DMT, ). DOCUMENT TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM RESPONSE TO RESPONSE TO MOTION. (Entered: 12/19/2008)

19 RESPONSE in Opposition re 9 MOTION to Appoint Counsel MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RAND'S MTN TO BE APPOINTED LEAD PLAINTIFF COUNSEL AND LIAISON COUNSEL filed by Steamfitters Local 449 Pension Fund. (Friedman, Andrew) (Entered: 12/19/2008)

20 REPLY to Response to Motion re 9 MOTION to Appoint Counsel MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RAND'S MTN TO BE APPOINTED LEAD PLAINTIFF COUNSEL AND LIAISON COUNSEL filed by Andrew Hall. (Martin, Susan) (Entered: 01/02/2009)

01/02/2009 21 REPLY in Support re 6 MOTION to Consolidate Cases MOTION to Appoint Lead

01/29/2009

01/29/2009

01/29/2009

Plaintiff MOTION to Appoint Counsel filed by Steamfitters Local 449 Pension Fund. (Friedman, Andrew) (Entered: 01/02/2009)

22 MOTION for Admission Pro Hac Vice as to attorney Jeremy A Lieberman on behalf of Andrew Hall. (BAS, ) (Entered: 01/29/2009)

PRO HAC VICE FEE PAID. $ 50, receipt number PHX080360 as to Jerermy A Lieberman. (BAS, ) (Entered: 01/29/2009)

23 ORDER pursuant to General Order 05-25 granting 22 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov . (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/29/2009)

02/18/2009 24 ORDER setting oral argument on 6 Motion to consolidate cases, appoint lead plaintiff and appoint lead counsel and 9 Motion to Appoint Counsel: Oral argument set for 2/27/2009 at 02:00 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 02/18/09. (ESL) (Entered: 02/18/2009)

02/20/2009 25 NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 15 days. Corporate Disclosure Statement Deadline set for 3/9/2009 as to Medicis Pharmaceutical Corp., and Steamfitters Local 449 Pension Fund. (KFZ) (Entered: 02/20/2009)

02/23/2009 26

ORDER - Upon the Court's own motion, IT IS HEREBY ORDERED vacating oral argument on the Motion to Consolidate Cases/Appoint Lead Plaintiff, and Motion to Appoint Counsel (dkt #6 and 9) currently scheduled for 2/27/09 at 2:00 p.m. and re-setting hearing for 3/4/2009 at 2:00 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow as to 6 MOTION to Consolidate Cases, MOTION to Appoint Lead Plaintiff, MOTION to Appoint Counsel and 9 MOTION to Appoint Counsel. Cnsl for Steamfitters Local 449 Pension Fund and Steven Rand will be allowed twenty (20) minutes each to present their arguments. Signed by Judge G Murray Snow on 2/23/09. (SAT) (Entered: 02/23/2009)

02/27/2009

27 MOTION for Admission Pro Hac Vice as to attorney Patrick V Dahlstrom on behalf of Andrew Hall. (BAS, ) (Entered: 02/27/2009)

02/27/2009

PRO HAC VICE FEE PAID. $ 50, receipt number PHX081626 as to Patrick V Dahlstrom. (BAS, ) (Entered: 02/27/2009)

02/27/2009 28 ORDER pursuant to General Order 05-25 granting 27 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov . (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with

F I this entry.) (Entered: 02/27/2009)

03/02/2009 29 Notice re Supplemental Authority by Steamfitters Local 449 Pension Fund re 6 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel (Friedman, Andrew) (Entered: 03/02/2009)

03/02/2009 30 AFFIDAVIT of Andrew Friedman in Support of Notice of Supplemental Authority re 29 Other Notice by Movant Steamfitters Local 449 Pension Fund filed by Steamfitters Local 449 Pension Fund. (Attachments: # 1 Exhibit A)(Friedman, Andrew) Modified on 3/3/2009 INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM DECLARATION TO AFFIDAVIT (ESL). (Entered: 03/02/2009)

03/03/2009 31 Corporate Disclosure Statement by Medicis Pharmaceutical Corp.. (Hoxie, Joel) (Entered: 03/03/2009)

03/03/2009 32 RESPONSE re of Steven Rand to Steamfitters' 29 Notice of Supplemental Authority. (Lieberman, Jeremy) INCORRECT EVENT SELECTED, THIS ENTRY HAS BEEN MODIFIED FROM MEMORANDUM to RESPONSE Modified on 3/4/2009 (ESL). (Entered: 03/03/2009)

03/04/2009 33 Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Erik Peterson and Ramzi Abadou for Steamfitters Local 449 Pension Fund. Susan Martin and Patrick Dahlstrom for Steven Rand. John Cooke and Joel Hoxie for defendants. Motion Hearing held on 3/4/2009 re 6 Motion to Consolidate Cases; Motion to Appoint Lead Plaintiff, and Motion to Appoint Counsel filed by Steamfitters Local 449 Pension Fund; and 9 Motion to Appoint Counsel filed by Andrew Hall. Argument presented. IT IS ORDERED taking the motions under advisement.(Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 03/04/2009)

03/04/2009 34 SUPPLEMENT of Supplemental Authority by Movant Steven Rand. (Martin, Susan) (Entered: 03/04/2009)

03/05/2009 35 TRANSCRIPT DESIGNATION AND ORDER FORM by Steamfitters Local 449 Pension Fund for proceedings held on 03/04/09 before Judge Snow. (Friedman, Andrew) (Entered: 03/05/2009)

03/05/2009 36 RESPONSE re 34 Supplement by Movant Steamfitters Local 449 Pension Fund. (Peterson, Erik) (Entered: 03/05/2009)

03/06/2009 37 Reply re 34 Supplement to Correct Record by Movant Steven Rand. (Martin, Susan) (Entered: 03/06/2009)

03/09/2009 38 TRANSCRIPT of Proceedings re: Motion Hearing held on 3/4/09 before Judge G Murray Snow. Court Reporter: Gary Moll. 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 3/30/2009. Redacted Transcript Deadline set for 4/9/2009. Release of Transcript Restriction set for 6/8/2009. (BAS, ) (Entered: 03/09/2009)

03/09/2009 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (BAS, ) (Entered: 03/09/2009)

03/11/2009 40 1 CONSOLIDATION ORDER - LEAD CASE that Steamfitters' motion to consolidate,

appoint lead plaintiff, and appoint lead counsel 6 is granted with respect to consolidation and denied in all other respects. ORDER that Rand's motion to consolidate, appoint lead plaintiff, and appoint lead counsel 9 is granted. ORDER that the Clerk of Court shall consolidate the following three cases: CV 08-1821; CV 08- 1870; and CV 08-1964. The cases will be consolidated before this Court under CV 08- 1821-PTiX-GMS (see order for details). Signed by Judge G Murray Snow on 3/10/09. (TLJ) (Entered: 03/11/2009)

03/11/2009 41 NOTICE of Appearance of Patrick Dahlstrom by Jennifer Lynn Kroll on behalf of Steven Rand (Kroll, Jennifer) Modified on 3/12/2009, DOCKET TEXT MODIFIED TO INCLUDE ATTORNEY ADDED, (LSP). (Entered: 03/11/2009)

03/11/2009 42 NOTICE of Appearance of Jeremy A Lieberman by Jennifer Lynn Kroll on behalf of Steven Rand (Kroll, Jennifer) Modified on 3/12/2009, DOCKET TEXT MODIFIED TO INCLUDE ATTORNEY ADDED, (LSP). (Entered: 03/11/2009)

03/11/2009 43 NOTICE of Appearance OF Susan Martin by Jennifer Lynn Kroll on behalf of Steven Rand (Kroll, Jennifer) Modified on 3/12/2009, DOCKET TEXT MODIFIED TO INCLUDE ATTORNEY ADDED, (LSP). (Entered: 03/11/2009)

03/11/2009

03/11/2009

03/23/2009

03/26/2009

03/26/2009

44 NOTICE of Appearance by Jennifer Lynn Kroll on behalf of Steven Rand (Kroll, Jennifer) (Entered: 03/11/2009)

45 Corporate Disclosure Statement by Steamfitters Local 449 Pension Fund. (Peterson, Erik) (Entered: 03/11/2009)

46 STIPULATION REGARDING CONSOLIDATED AMENDED COMPLAINT AND SCHEDULING (FIRST REQUEST) by Medicis Pharmaceutical Corp.. (Attachments: # 1 Text of Proposed Order [PROPOSED] ORDER REGARDING)(Winawer, Lloyd) (Entered: 03/23/2009)

47 ORDER pursuant to 46 Stipulation; Lead Plaintiff shall file a Consolidated Amended Complaint (CAC) on or before 5/18/09; Defendants named in the complaints currently on file in the consolidated actions shall not be required to respond to any of such complaints and instead shall respond to the CAC on or before 7/17/09 (see for for further details). Signed by Judge G Murray Snow on 3/26/09. (REW, ) (Entered: 03/26/2009)

48 MOTION to Withdraw as Attorney by Steamfitters Local 449 Pension Fund. (Attachments: # 1 Text of Proposed Order)(Peterson, Erik) (Entered: 03/26/2009)

03/26/2009 49 DECLARATION of of Erik D. Peterson in Support re 48 MOTION to Withdraw as Attorney by Movant Steamfitters Local 449 Pension Fund. (Peterson, Erik) (Entered: 03/26/2009)

04/14/2009 50 ORDER granting Pla's 48 Motion to Withdraw as Attorney. Directing the Clerk of the Court to remove from the docket attorneys Darren J. Robbins, John J. Rice, Matthew P. Montgomery, Ramzi Abadou, and Erik D. Peterson of Coughlin Stoia Geller Rudman & Robbins LLP as counsel of record for Pla Steamfitters Local 449 Pension Fund. Signed by Judge G Murray Snow on 04/14/09. (ESL) (Entered: 04/14/2009)

05/13/2009 51 STIPULATION FOR EXTENSION OF TIME FOR FILING AMENDED COMPLAINT, RESPONSE TO AMENDED COMPLAINT AND RELATED DEADLINES by Steven Rand. (Attachments: # 1 Text of Proposed Order)(Kroll,

Jennifer) (Entered: 05/13/2009)

05/15/2009 52 ORDER The Parties Joint Stipulated Motion for Extenstion of Time 51 for Filing Amended Complaint, Response and Amended Complaint and Related Deadlines is hereby denied. The current deadlines remain in place. Ordered by Judge G Murray Snow on May 15, 2009. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMS, ) Modified on 5/18/2009 (TLJ). DOCKET TEXT MODIFIED TO REFLECT DOCUMENT LINKAGE TO 51 . (Entered: 05/15/2009)

05/18/2009 53 AMENDED COMPLAINT against Ernst & Young, Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, Mark A Prygocki, Sr;Jury Demand, filed by Steven Rand. (Attachments: # 1 Summons Ernst & Young)(Martin, Susan) Modified on 5/19/2009 (SAT). DOCKET MODIFIED TO ADD Defendant Ernst & Young TO THE CASE. (Entered: 05/18/2009)

07/16/2009 54 Summons Issued as to Ernst & Young. (MHA). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 07/16/2009)

07/17/2009

07/17/2009

55 STIPULATION Regarding Scheduling and Service of Process (First Request) by Ernst & Young. (Attachments: # 1 Text of Proposed Order)(Stanton, Nicole) (Entered: 07/17/2009)

56 MOTION to Dismiss Case by Ernst & Young. (Stanton, Nicole) (Entered: 07/17/2009)

07/17/2009 57 REQUEST for Judicial Notice in Support of Ernst & Young LLP's Motion to Dismiss Plaintiffs' Amended Class Action Comlaint by Ernst & Young. (Attachments: # 1 Exhibit A-E)(Stanton, Nicole) Modified on 7/29/2009 INCORRECT DOCUMENT EVENT SELECTED; THIS ENTRY HAS BEEN MODIFIED FROM (Motion) TO (Request) (REW, ). (Entered: 07/17/2009)

07/17/2009 58 MOTION to Dismiss Case by Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, Mark A Prygocki, Sr. (Winawer, Lloyd) (Entered: 07/17/2009)

07/17/2009 59 REQUEST re: Judicial Notice in Support of Motion to Dismiss Plaintiffs' Amended Federal Securities Class Action Complaint by Defendants Medicis Pharmaceutical Corp., Jonah Shacknai, Richard D Peterson, Mark A Prygocki, Sr. (Attachments: # 1 Exhibits A-B)(Winawer, Lloyd) (Entered: 07/17/2009)

07/28/2009 60 ORDER granting the Parties' 55 Stipulation as follows: Ernst & Young is subject to the briefing schedule set forth in the Stipulation Regarding Consolidated Amended Complaint and Scheduling (First Request) filed 03/23/09; and Quarles & Brady LLP hereby agrees to accept service on behalf of Defendant Ernst & Young LLP. Signed by Judge G Murray Snow on 07/27/09. (ESL) (Entered: 07/28/2009)

08/31/2009 61

MOTION for Leave to File Excess Pages for Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Medicis Pharmaceutical Corporation's and Ernst & Young's Motions to Dismiss by Steven Rand. (Attachments: # 1 Text of Proposed Order, # 2 Lodged Proposed Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Medicis Pharmaceutical Corporation's and Ernst & Young's Motions to Dismiss)(Martin, Susan) (Entered: 08/31/2009)

08/31/2009 62 LODGED Proposed Plaintiffs' Memorandum of Points and Authorities in Opposition

to Defendant Medicis Pharmaceutical Corporation's and Ernst & Young's Motions to Dismiss re: 61 MOTION for Leave to File Excess Pages for Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Medicis Pharmaceutical Corporation's and Ernst & Young's Motions to Dismiss. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Steven Rand. (Martin, Susan) (Entered: 08/31/2009)

09/01/2009

63 MOTION for Admission Pro Hac Vice as to attorney Alexander K Mircheff on behalf of Ernst & Young. (BAS) (Entered: 09/01/2009)

09/01/2009

09/01/2009

09/01/2009

09/01/2009

64 MOTION for Admission Pro Hac Vice as to attorney Robert B Hubbell on behalf of Ernst & Young. (BAS) (Entered: 09/01/2009)

PRO HAC VICE FEE PAID. $ 50, receipt number PHX088062 as to Robert B Hubbell. (BAS) (Entered: 09/01/2009)

PRO HAC VICE FEE PAID. $ 50, receipt number PHX088063 as to Alexander K Mircheff. (BAS) (Entered: 09/01/2009)

65 ORDER pursuant to General Order 05-25 granting 63 Motion for Admission Pro Hac Vice; granting 64 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov . (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/01/2009)

09/04/2009 66 ORDER granting 61 Motion for Leave to File Excess Pages and directing that Lead Plaintiff file the lodged combined opposition to Ernst & Young LLP's Motion to Dismiss Plaintiffs' Amended Class Action Complaint 56 and to Medicis Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint 58 not to exceed 27 pages. Signed by Judge G Murray Snow on 9/4/09.(DMT, ) (Entered: 09/04/2009)

09/09/2009

10/15/2009

67 RESPONSE in Opposition re 58 MOTION to Dismiss Case, 56 MOTION to Dismiss Case / PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT MEDICIS PHARMACEUTICAL CORPORATION'S AND ERNST & YOUNG'S MOTIONS TO DISMISS filed by Steven Rand. (Martin, Susan) (Entered: 09/09/2009)

68 REPLY to Response to Motion re 56 MOTION to Dismiss Case filed by Ernst & Young. (Stanton, Nicole) (Entered: 10/15/2009)

10/15/2009 69 Notice re Supplemental Request for Judicial Notice in Support of Ernst & Young LLP's Reply to Motion to Dismiss Plaintiffs' Amended Class Action Complaint by Ernst & Young (Attachments: # 1 Exhibit A-D)(Stanton, Nicole) (Entered: 10/15/2009)

10/15/2009 70 REPLY in Support re 58 MOTION to Dismiss Case filed by Medicis Pharmaceutical Corp., Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Winawer, Lloyd) (Entered: 10/15/2009)

12/02/2009 71 ORDER granting 56 Ernst and Young's Motion to Dismiss Case; granting 58 the Medicis Defendants' Motion to Dismiss Case. ORDER that Plaintiffs' Amended Complaint 53 is dismissed with leave to file a Second Amended Complaint on or before 1/4/10. Signed by Judge G Murray Snow on 12/1/09.(TLJ) (Entered:

12/02/2009)

12/23/2009

01/04/2010

01/18/2010

72 STIPULATION REGARDING FILING OF SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE (FIRST REQUEST) by Steven Rand. (Attachments: # 1 Text of Proposed Order)(Kroll, Jennifer) (Entered: 12/23/2009)

73 ORDER granting the 72 Stipulation: Lead Pla shall file the Second Amended Complaint ("SAC") on or before January 18, 2010; Dfts shall respond to the SAC on or before February 17, 2010; If any Dft files a motion to dismiss the SAC, Lead Pla shall file his opposition to such motion on or before March 19, 2010. Any reply papers in support of any motion to dismiss Lead Pla's SAC shall be filed by any Dft on or before April 9, 2010. Signed by Judge G Murray Snow on 1/4/10. (KMG, ) (Entered: 01/04/2010)

74 AMENDED COMPLAINT Second Amended Complaint against Ernst & Young, Medicis Pharmaceutical Corp., Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai;Jury Demand, filed by Steven Rand. (Attachments: # 1 Exhibit A (redline indicating changes from Amended Complaint and Second Amended Complaint), # 2 Exhibit B (Conversion Table indicating paragraphs that have been renumbered))(Kroll, Jennifer) (Entered: 01/18/2010)

01/20/2010 75 ERRATA by Steven Rand re 74 Amended Complaint, / Second Amended Complaint. (Kroll, Jennifer) Modified on 1/21/2010 (TLJ). INCORRECT EVENT SELECTED. ENTRY MODIFIED FROM NOTICE TO ERRATA. (Entered: 01/20/2010)

01/20/2010 76 AMENDED COMPLAINT /CORRECTED SECOND AMENDED COMPLAINT against Ernst & Young, Medicis Pharmaceutical Corp., Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai;Jury Demand, filed by Steven Rand. (Attachments: # 1 Exhibit A (Corrected redline indicating changes from Amended Complaint and Second Amended Complaint), # 2 Exhibit B (Conversion Table indicating paragraphs that have been renumbered))(Kroll, Jennifer) (Entered: 01/20/2010)

02/16/2010 77 STIPULATION Request to Modify Schedule by Medicis Pharmaceutical Corp., Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Text of Proposed Order)(Adams, Joseph) (Entered: 02/16/2010)

02/16/2010

02/19/2010

78 ORDER - IT IS ORDERED that the 77 Stipulated Request to Modify Schedule is granted as follows: 1. Dfts' shall file motions to dismiss or other response to the SAC on or before 2/19/2010. 2. Lead Pla shall file his opposition to any motions to dismiss the SAC on or before 3/22/2010. 3. Any reply papers in support of any motion to dismiss shall be filed by any Dft on or before 4/12/2010. Signed by Judge G Murray Snow on 2/16/10. (SAT) (Entered: 02/16/2010)

79 Notice re Request for Judicial Notice in Support of Ernst & Young LLP's Reply to Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint by Ernst & Young (Stanton, Nicole) (Entered: 02/19/2010)

02/19/2010 80 MOTION to Dismiss Case by Ernst & Young. (Attachments: # 1 Exhibit A- F)(Stanton, Nicole) (Entered: 02/19/2010)

02/19/2010 81 MOTION to Dismiss Case by Medicis Pharmaceutical Corp., Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Winawer, Lloyd) (Entered: 02/19/2010)

03/22/2010 82 MOTION for Leave to File Excess Pages for Plaintiffs' Memorandum of Points and

Authorities in Opposition to Defendants Medicis Pharmaceutical Corporation and Ernst & Young's Motions to Dismiss the Second Consolidated Amended Complaint by Steven Rand. (Attachments: # 1 Text of Proposed Order)(Kroll, Jennifer) (Entered: 03/22/2010)

03/22/2010 83 LODGED Proposed Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants Medicis Pharmaceutical Corporation and Ernst & Young's Motions to Dismiss the Second Consolidated Amended Complaint re: 82 MOTION for Leave to File Excess Pages for Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants Medicis Pharmaceutical Corporation and Ernst & Young's Motions to Dismiss the Second Consolidated Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Steven Rand. (Kroll, Jennifer) (Entered: 03/22/2010)

03/24/2010 84 ORDER that Plaintiffs Motion 82 is granted and directing the Clerk of the Court to file the lodged proposed Memorandum of Points and Authorities in Opposition to Defendants Medicis Pharmaceutical Corporation and Ernst & Young's Motions to Dismiss the Second Consolidated Amended Complaint (Dkt. # 83). Signed by Judge G Murray Snow on 3/24/10.(KMG) (Entered: 03/24/2010)

03/24/2010 85 RESPONSE (Memorandum of Points and Authories) in Opposition Dfts re 80 MOTION to Dismiss Case, 81 MOTION to Dismiss Case filed by Steven Rand. (KMG) (Entered: 03/24/2010)

04/09/2010 86 STIPULATION Two Day Extension to File Reply by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Text of Proposed Order)(Adams, Joseph) (Entered: 04/09/2010)

04/09/2010 87 ORDER pursuant to the parties' 86 Stipulated Request for Two Day Extension, the deadline for Defendants to file Reply briefs in support of Motions to Dismiss (Dkt. ## 80 , 81 ) is extended by two days, to and including, April 14, 2010. No further extensions will be granted. Signed by Judge G Murray Snow on 04/09/10. (ESL) (Entered: 04/09/2010)

04/14/2010 88 REPLY to Response to Motion re 80 MOTION to Dismiss Case filed by Ernst & Young. (Stanton, Nicole) (Entered: 04/14/2010)

04/14/2010 89 REPLY in Support re 81 MOTION to Dismiss Case filed by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Winawer, Lloyd) (Entered: 04/14/2010)

04/27/2010 90 MOTION to Withdraw as Attorney Blake E. Williams and John D. Cooke by Medicis Pharmaceutical Corporation, Richard D Peterson, Jonah Shacknai. (Attachments: # 1 Affidavit Declaration of Lloyd Winawer, # 2 Text of Proposed Order)(Winawer, Lloyd) (Entered: 04/27/2010)

05/03/2010 91 ORDER granting 90 Motion to Withdraw as Attorney and allowing attorneys Blake E. Williams and John D. Cooke to withdraw as counsel of record for Defendants Medicis Pharmaceutical Corp., Richard D. Peterson, and Jonah Shacknai. Signed by Judge G Murray Snow on 5/3/10. (LAD) (Entered: 05/03/2010)

08/09/2010 92 ORDER that Defendants' Motions to Dismiss (Doc. 80 , 81 ) are DENIED. Signed by Judge G Murray Snow on 08/09/10. (ESL) (Entered: 08/09/2010)

08/19/2010 93 STIPULATION and Motion for Extension of Time to Answer Second Amended Class Action Complaint by Ernst & Young LLP. (Attachments: # 1 Text of Proposed Order)(Stine, Lauren) (Entered: 08/19/2010)

08/20/2010 94 ORDER granting the parties' 93 Stipulation and Defendants' Motion for Extension of Time to Answer the Second Amended Class Action Complaint and extending the time for Defendants to Answer the SAC until and including 09/10/10. Signed by Judge G Murray Snow on 08/20/10. (ESL) (Entered: 08/20/2010)

09/09/2010 95 STIPULATION and Motion for Extension of Time to Answer Second Amended Class Action Complaint (Second Request) by Ernst & Young LLP. (Attachments: # 1 Text of Proposed Order)(Stine, Lauren) (Entered: 09/09/2010)

09/10/2010 96 ORDER - IT IS ORDERED granting the parties' 95 Stipulation and Defendants' Motion for Extension of Time to Answer the Second Amended Class Action Complaint ("SAC"), and extending the time for Dfts to Answer the SAC, to and including, 9/17/2010. Signed by Judge G Murray Snow on 9/10/10. (SAT) (Entered: 09/10/2010)

09/17/2010 97 ANSWER to 76 Amended Complaint, (Second) by Ernst & Young LLP.(Stine, Lauren) (Entered: 09/17/2010)

09/17/2010 98 ANSWER to 76 Amended Complaint, by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai.(Winawer, Lloyd) (Entered: 09/17/2010)

09/20/2010 99 ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE, Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for 10/29/10 at 3:30 p.m. in Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. The Court directs counsel to Federal Rule of Civil Procedure 16 for the objectives of the Case Management Conference. Signed by Judge G Murray Snow on 09/20/10. (note: see attached pdf for complete details).(ESL) (Entered: 09/20/2010)

10/12/2010 100 Due to a conflict, IT IS ORDERED the Scheduling Conference, presently set for 10/29/2010 at 3:30 p.m. is VACATED and RESET. Scheduling Conference set for 11/4/2010 at 4:30 p.m. in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Ordered by Judge G Murray Snow. (ADG)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 10/12/2010)

10/18/2010 101 NOTICE re Service of Initial Disclosures by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Adams, Joseph) (Entered: 10/18/2010)

10/19/2010 102 NOTICE re Service of Defendant Ernst & Young LLP's Rule 26(a) Initial Disclosure Statement by Ernst & Young LLP. (Stanton, Nicole) (Entered: 10/19/2010)

10/19/2010 103 NOTICE re Service of Initial Disclosures by Plaintiffs by Darlene Oliver, Steven Rand. (Lieberman, Jeremy) (Entered: 10/19/2010)

10/28/2010 104 Report of Rule 26(f) Planning Meeting by Plaintiffs Darlene Oliver, Steven Rand. (Lieberman, Jeremy) CORRECTION: incorrect event selected; document not in compliance with LRCiv 7.1(c). Modified on 10/29/2010 (ESL). (Entered: 10/28/2010)

10/28/2010 105 MOTION for Admission Pro Hac Vice as to attorney Robert J Hodgson on behalf of Andrew Hall. (BAS) (Entered: 10/28/2010)

10/28/2010 PRO HAC VICE FEE PAID. $ 50, receipt number PHX102910 as to Robert J Hodgson. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/28/2010)

10/28/2010 106 ORDER pursuant to General Order 05-25 granting 105 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov . (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/28/2010)

11/04/2010 107 Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Patrick Dahlstrom and Jeremy Lieberman for plaintiffs. Robert Hubbell and Don Martin for defendants Ernst & Young, LLP. Lloyd Winawer, Joseph Adams and Joel Hoxie for defendants Shacknai, Peterson and Prygocki, Sr., and Medicis Pharmaceutical Corporation. Scheduling Conference held on 11/4/2010. Status of the case is discussed and case management deadlines are established. The Court signs the Case Management Order this date. Order to follow. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 11/04/2010)

11/05/2010 108 CASE MANAGEMENT ORDER Discovery due by 8/1/2011. Dispositive motions due by 12/1/2011. Signed by Judge G Murray Snow on 11/05/10. (NOTE: see attached pdf for complete details)(ESL) (Entered: 11/05/2010)

11/05/2010 109 TRANSCRIPT REQUEST by Andrew Hall for proceedings held on 11/4/2010 before Judge G. Murray Snow.. (Dahlstrom, Patrick) (Entered: 11/05/2010)

11/08/2010 110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 11/04/2010, before Judge G Murray Snow. Court Reporter Gary Moll. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/29/2010. Redacted Transcript Deadline set for 12/9/2010. Release of Transcript Restriction set for 2/7/2011. (BAS) (Entered: 11/08/2010)

11/09/2010 111 TRANSCRIPT REQUEST by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai for proceedings held on 11/4/2010 before Judge GMA.. (Adams, Joseph) (Entered: 11/09/2010)

11/16/2010 112 MOTION to Withdraw as Attorney by Andrew Hall. (Attachments: # 1 EXHIBIT A - DECLARATION OF J. JAMES CHRISTIAN, # 2 Text of Proposed Order)(Christian, Jeremy) (Entered: 11/16/2010)

12/07/2010 113 ORDER granting Plaintiff's 112 Motion to Withdraw as Attorney; directing the Clerk of the Court to remove from the docket attorneys Timothy W. Brown, Phillip Kim and Laurence Rosen of The Rosen Law Firm, P.A. and Richard G. Himelrick and Jeremy James Christian of Tiffany & Bosco, P.A., as counsel of record for Plaintiff Andrew Hall. Signed by Judge G Murray Snow on 12/07/10. (ESL) (Entered: 12/07/2010)

12/17/2010 114 MOTION to Certify Class by Darlene Oliver, Steven Rand. (Attachments: # 1 Declaration of Richard C. May, # 2 Attachment A, # 3 Attachment B, # 4 Attachment C, # 5 Attachment D, # 6 Attachment E)(Lieberman, Jeremy) (Entered: 12/17/2010)

12/17/2010 115 Additional Attachments to Main Document re 114 MOTION to Certify Class (Text of Proposed Order) by Plaintiffs Darlene Oliver, Steven Rand. (Lieberman, Jeremy) (Entered: 12/17/2010)

01/05/2011 116 STIPULATION by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Text of Proposed Order)(Hoxie, Joel) (Entered: 01/05/2011)

01/06/2011

01/20/2011

01/20/2011

117 ORDER granting 116 Stipulation as to 114 MOTION to Certify Class: Defendants shall file any Response in opposition to Plaintiffs' Motion forClass Certification (Doc. 114) no later than February 22, 2011. If the Motion for Class Certification is opposed by Defendants, Plaintiffs shall file their Reply in support of the Motion for Class Certification no later than April 8,2011. The deadlines in the Case Management Order (Doc. 108) shall remainunchanged. Signed by Judge G Murray Snow on 1/6/11. (LAD) (Entered: 01/06/2011)

118 MOTION for Admission Pro Hac Vice as to attorney Maureen C Onyeagbako on behalf of Medicis Pharmaceutical Corporation. (BAS) (Entered: 01/20/2011)

119 MOTION for Admission Pro Hac Vice as to attorney Anna Hsia on behalf of Medicis Pharmaceutical Corporation. (BAS) (Entered: 01/20/2011)

01/20/2011 PRO HAC VICE FEE PAID. $ 50, receipt number PHX105601 as to Anna Hsia. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/20/2011)

01/20/2011 PRO HAC VICE FEE PAID. $ 50, receipt number PHX105600 as to Maureen C Onyeagbako. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/20/2011)

01/20/2011

01/20/2011

02/03/2011

120 ORDER pursuant to General Order 05-25 granting 118 Motion for Admission Pro Hac Vice; granting 119 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov . (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/20/2011)

121 NOTICE re Service by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Adams, Joseph) (Entered: 01/20/2011)

122 ORDER. This afternoon the Court held a telephonic conference with the parties regarding the scope of permissible discovery concerning the claims in this suit. The request related more to the permissible scope of discovery rather than to disputes regarding specific requests. The Court did not rule on specific discovery requests, nor does it preclude subsequent objections based on specific requests. Nevertheless, as it relates to discovery on Plaintiffs claims against Medicis the Court ruled that Plaintiffs may reasonably seek discovery as to its allegations pertaining to the manipulation of revenue by Medicis including, for example, the acceleration or deferral of revenue realization, channel stuffing, product return and exchange and accounting for reserves,

and that it may reasonably seek such information back to January 1, 2000. As it pertains to the discovery sought against EY concerning its accounting for sales return reserves, the Court will allow reasonable discovery of such matters to the extent that the Plaintiffs request is reasonably tailored to EY's pharmaceutical clients with similar policies for reasonable periods. Further considerations include appropriate protection of the clients identities and their business confidential information. Depending upon the extent to which identifying material is sought, further consideration will be given to providing notification to the client to permit the client to assert any applicable argument or privilege. As it pertains to the scope of the privilege provided in Section 105(b)(5)(A) of the Sarbanes-Oxley Act, both Plaintiff and EY will simultaneously submit their positions in memoranda not to exceed eight pages and to be filed with the Court not later than February 17, 2011. Signed by Judge G. Murray Snow on February 3, 2011. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMS) (Entered: 02/03/2011)

02/18/2011 123 STIPULATION Request to Amend Plaintiffs' Motion for Class Certification and Extend Briefing Schedule for Motion by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Text of Proposed Order)(Adams, Joseph) (Entered: 02/18/2011)

02/23/2011 124 ORDER pursuant to the parties' 123 Stipulation, it is hereby ordered Plas' 114 Motion for Class Certification is amended to state that it is seeking certification of the following class (see attached pdf). Dfts shall file any response in opposition to Plas' 114 Motion for Class Certification as amended no later than 03/08/11. If the Motion for Class Certification is opposed by Dfts, Plas shall file their Reply in support of the Motion for Class Certification no later than 04/22/11. The deadlines in the Case Management Order (Doc. 108) shall remain unchanged. Signed by Judge G Murray Snow on 02/23/11. (ESL) (Entered: 02/23/2011)

03/08/2011 125 RESPONSE in Opposition re 114 MOTION to Certify Class filed by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Exhibit 1)(Hoxie, Joel) (Entered: 03/08/2011)

03/10/2011 126 Joinder re 125 Response in Opposition to Motion by Defendant Ernst & Young LLP. (Stanton, Nicole) (Entered: 03/10/2011)

03/10/2011 127 NOTICE of Change of Address by Robert B Hubbell (Hubbell, Robert) (Entered: 03/10/2011)

03/10/2011 128 NOTICE of Attorney Substitution by Nicole France Stanton (Stanton, Nicole) (Entered: 03/10/2011)

03/15/2011 129 MOTION for Admission Pro Hac Vice as to attorney Dennis Orr on behalf of Ernst & Young LLP. (BAS) (Entered: 03/15/2011)

03/15/2011 PRO HAC VICE FEE PAID. $ 50, receipt number PHX107610 as to Dennis Orr. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 03/15/2011)

03/15/2011 130 ORDER pursuant to General Order 05-25 granting 129 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov .

(BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/15/2011)

04/22/2011 131 STIPULATION to Extend Briefing Schedule on Plaintiffs' Motion for Class Certification by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Text of Proposed Order)(Adams, Joseph) (Entered: 04/22/2011)

04/28/2011 132 ORDER pursuant to 131 Stipulation: Set/Reset Deadlines/Hearing as to 114 MOTION to Certify Class: Plaintiffs to file their reply in support of motion for class certification on or before 5/23/2011. Signed by Judge G Murray Snow on 4/28/2011. (NVO) (Entered: 04/28/2011)

07/19/2011 133 NOTICE of Settlement and Request to Stay Pending Matters by Steven Rand (Attachments: # 1 Text of Proposed Order)(Kroll, Jennifer) (Entered: 07/19/2011)

07/20/2011 134 ORDER that all pending matters are stayed until further order of the Court and that the parties shall have through and including 09/16/11 to submit a settlement agreement for preliminary approval. Signed by Judge G Murray Snow on 07/20/11. (ESL) (Entered: 07/20/2011)

09/15/2011 135 STIPULATION to Extend Time to Submit the Stipulation of Settlement by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Text of Proposed Order)(Adams, Joseph) (Entered: 09/15/2011)

09/16/2011 136 ORDER Pursuant to the parties' 135 Stipulation to Extend Time, it is hereby ordered that the time for parties to submit their stipulation of settlement for preliminary approval is extended up to and through 09/21/11. Signed by Judge G Murray Snow on 09/15/11. (ESL) (Entered: 09/16/2011)

09/21/2011 137 STIPULATION OF SETTLEMENT by Steven Rand. (Attachments: # 1 Exhibit A, Proposed Preliminary Approval Order, # 2 Exhibit A-1. Notice, # 3 Exhibit A-2. Proof of Claim, # 4 Exhibit A-3. Summary Notice, # 5 Exhibit B. Proposed Final Judgment)(Lieberman, Jeremy) (Entered: 09/21/2011)

09/21/2011 138 MOTION for and Memorandum in Support of Preliminary Approval of Settlement and Certification of Settlement Class re 137 Stipulation, by Steven Rand. (Lieberman, Jeremy) (Entered: 09/21/2011)

10/11/2011 139 IT IS HEREBY ORDERED setting oral argument for 138 MOTION for and Memorandum in Support of Preliminary Approval of Settlement and Certification of Settlement Class re 137 Stipulation. Motion Hearing set for 11/2/2011 at 2:00 p.m. in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Ordered by Judge G Murray Snow.(ADG)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 10/11/2011)

11/02/2011 140 Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Jeremy Lieberman and Susan Martin for plaintiffs. Robert Hubbell and Nicole Stanton for defendants Ernst & Young, LLP. Lloyd Winawer and Joel Hoxie for defendants Shacknai, Peterson and Prygocki, Sr., and Medicis Pharmaceutical Corporation. Motion Hearing held on 11/2/2011. Order to follow. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

(KFZ) (Entered: 11/02/2011)

11/03/2011 141 ORDER granting Preliminary Approval to Settlement and Directing Dissemination of Notice to the Class. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: The provisions of the Settlement Stipulation, including definitions of the terms used therein, are hereby incorporated by reference as though fully set forth herein. A Settlement Hearing will be held by this Court in the courtroom of the Honorable G. Murray Snow, United States District Court, Sandra Day O'Connor U.S. Courthouse, Courtroom 602, 401 West Washington Street, Phoenix, Arizona 85003 on 02/23/12 at 9:00 a.m. Signed by Judge G Murray Snow on 11/02/11. (NOTE: See attached pdf for complete details) (ESL) (Entered: 11/03/2011)

01/19/2012 142 MOTION in Support of Final Approval of Proposed Settlement and Plan of Allocation and Memorandum of Points and Authorities in Support Thereof by Darlene Oliver, Steven Rand. (Lieberman, Jeremy) (Entered: 01/19/2012)

01/19/2012 143 DECLARATION of Jeremy A. Lieberman in Support of Final Approval of Settlement, Plan of Allocation, Award of Attorneys' Fees and Expenses, and Compensatory Awards for Class Plaintiffs re 142 MOTION in Support of Final Approval of Proposed Settlement and Plan of Allocation and Memorandum of Points and Authorities in Support Thereof by Plaintiffs Darlene Oliver, Steven Rand. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Affidavit, # 6 Text of Proposed Order)(Lieberman, Jeremy) (Entered: 01/19/2012)

01/19/2012 144 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Darlene Oliver, Steven Rand. (Lieberman, Jeremy) (Entered: 01/19/2012)

01/19/2012 145 DECLARATION of Jeremy A. Lieberman in Support of Application for Attorneys' Fees and Reimbursement of Expenses re 144 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Plaintiffs Darlene Oliver, Steven Rand. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lieberman, Jeremy) (Entered: 01/19/2012)

01/19/2012 146 DECLARATION of Susan Martin in Support of Application for Attorneys' Fees and Reimbursement of Expenses re 144 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Plaintiffs Darlene Oliver, Steven Rand. (Attachments: # 1 Exhibit A)(Lieberman, Jeremy) (Entered: 01/19/2012)

01/19/2012 147 DECLARATION of Steve Rand in Support of Class Action Settlement and Related Matters re 144 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Plaintiffs Darlene Oliver, Steven Rand. (Lieberman, Jeremy) (Entered: 01/19/2012)

01/19/2012 148 DECLARATION of Darlene Oliver in Support of Class Action Settlement and Related Matters re 144 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Plaintiffs Darlene Oliver, Steven Rand. (Lieberman, Jeremy) (Entered: 01/19/2012)

01/19/2012 149 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Darlene Oliver, Steven Rand. (Attachments: # 1 Text of Proposed Order)(Lieberman, Jeremy) (Entered: 01/19/2012)

01/20/2012 150 AMENDED MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Darlene Oliver, Steven Rand. (Attachments: # 1 Text of Proposed Order)(Lieberman, Jeremy) (Entered: 01/20/2012)

01/20/2012 151 ERRATA re 149 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof, 144 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof by Plaintiffs Darlene Oliver, Steven Rand. (Kroll, Jennifer) (Entered: 01/20/2012)

01/20/2012 152 MOTION for Leave to File Excess Pages for Plaintiff's Motion for Final Approval of Proposed Settlement and Plan of Allocation and Memorandum of Points and Authorities in Support Thereof (Doc. 142) and Plaintiff's Motion for Attorneys' Fees, Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof (Doc. 150) by Darlene Oliver, Steven Rand. (Attachments: # 1 Text of Proposed Order)(Kroll, Jennifer) (Entered: 01/20/2012)

01/27/2012 153 ORDER granting 152 Plaintiff's Motion for Leave to File Excess Pages re 142 Motion for Final Approval of the Proposed Settlement and 150 Motion for Attorney Fees. See PDF document for details. Signed by Judge G Murray Snow on 1/27/12.(LSP) (Entered: 01/27/2012)

01/27/2012 154 MOTION to Withdraw by Medicis Pharmaceutical Corporation, Richard D Peterson, Mark A Prygocki, Sr, Jonah Shacknai. (Attachments: # 1 Text of Proposed Order)(Adams, Joseph) (Entered: 01/27/2012)

02/17/2012 155 *MEMORANDUM (Supplemental Memorandum) in Support of Final Approval of Settlement, Plan of Allocation, Award of Attorneys Fees and Expenses, and Compensatory Awards For Class Plaintiffs 150 MOTION for Attorney Fees , Expenses, and Class Plaintiff Compensatory Awards, and Memorandum of Points and Authorities in Support Thereof , 142 MOTION in Support of Final Approval of Proposed Settlement and Plan of Allocation and Memorandum of Points and Authorities in Support Thereof by Plaintiff Steven Rand and Darlene Oliver. (Attachments: # 1 Supplemental Affidavit of Jose C. Fraga)(Lieberman, Jeremy) *Modified to add filer Darlene Oliver on 2/21/2012 (TLJ). (Entered: 02/17/2012)

02/22/2012 156 IT IS ORDERED the Settlement Hearing presently set for 2/23/12 at 9:00 a.m. is RESET AS TO TIME ONLY!!. Settlement Hearing set for 2/23/12 at 9:30 a.m. in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Ordered by Judge G Murray Snow.(ADG)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 02/22/2012)

02/22/2012 157 ORDER granting 154 Defendants' Motion to Withdraw as Counsel, attorney Maureen Onyeagbako shall be permitted to withdraw. Her name shall be removed from the Courts docket as counsel of record. Signed by Judge G Murray Snow on 2/22/12.(LSP) (Entered: 02/22/2012)

02/23/2012

158

Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Jeremy Lieberman, Patrick Dahlstrom and Susan Martin for plaintiffs. Robert Hubbell and Don Martin for defendant Ernst & Young, LLP. Lloyd Winawer, Joseph Adams and Joel Hoxie for defendant Medicis Pharmaceutical Corporation. Settlement Hearing held on 2/23/2012. Order to follow. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 02/23/2012)

02/28/2012 159

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE the action and all Released Plaintiffs' Claims are dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Stipulation or this Judgment. The provisions of this Judgment constitute a full and complete adjudication of the matters considered and adjudged herein, and the Court determines that there is no just reason for delay in the entry of this Judgment. The Clerk is hereby directed to immediately enter this Judgment. Lead Counsel are awarded attorneys' fees in the amount of $4,500,000.00 and reimbursement of expenses, including experts' fees and expenses, in the amount of $580,877.52. Lead Plaintiff Steven Rand is awarded the sum of $20,000.00 and Class Representative Plaintiff Darlene Oliver is awarded the sum of $15,000.00, as reasonable costs and expenses (see attached pdf for complete information). Signed by Judge G Murray Snow on 2/27/12. (TLJ) (Entered: 02/28/2012)

08/06/2012

02/04/2013

02/04/2013

02/04/2013

02/04/2013

160 NOTICE of Change of Address by Jeremy A Lieberman. (Lieberman, Jeremy) (Entered: 08/06/2012)

161 MOTION for Order for Distribution of the Net Settlement Fund by Darlene Oliver, Steven Rand. (Attachments: # 1 Text of Proposed Order)(Kroll, Jennifer) (Entered: 02/04/2013)

162 AFFIDAVIT of Jason Zuena re 161 MOTION for Order for Distribution of the Net Settlement Fund by Plaintiffs Darlene Oliver, Steven Rand. (Attachments: # 1 part 2)(Kroll, Jennifer) (Entered: 02/04/2013)

163 Additional Attachments to Main Document re 162 Affidavit part 3 by Plaintiffs Darlene Oliver, Steven Rand. (Attachments: # 1 part 4)(Kroll, Jennifer) (Entered: 02/04/2013)

164 Additional Attachments to Main Document re 162 Affidavit by Plaintiffs Darlene I Oliver, Steven Rand. (Attachments: # 1 part 6)(Kroll, Jennifer) (Entered: 02/04/2013)

02/04/2013 165 Additional Attachments to Main Document re 162 Affidavit part 7 by Plaintiffs Darlene Oliver, Steven Rand. (Attachments: # 1 part 8)(Kroll, Jennifer) (Entered: 02/04/2013)



02/04/2013 168 Additional Attachments to Main Document re 162 Affidavit part 13 by Plaintiffs

Darlene Oliver, Steven Rand. (Attachments: # 1 part 14)(Kroll, Jennifer) (Entered: 02/04/2013)

03/08/2013 169 ORDER FOR DISTRIBUTION, granting 161 Motion for Order of Distribution; this Court shall retain jurisdiction over any further application or matter that may arise in connection with this Action (see order for complete details). Signed by Judge G Murray Snow on 3/7/13.(REW) (Entered: 03/08/2013)

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Documents

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division ...securities.stanford.edu/filings-documents/1041/MRX... · Matthew P Montgomery Coughlin Stoia Geller Rudman & Robbins LLP