US District Court Civil Docket as of October 5, 2016 Retrieved from the court on October 5, 2016

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:12-cv-01203-VEC

City of Austin Police Retirement System v. Kinross Gold Corporation et al Assigned to: Judge Valerie E. Caproni Cause: 15:78m(a) Securities Exchange Act

Date Filed: 02/16/2012 Date Terminated: 10/15/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Lead Plaintiff

CITY OF AUSTIN POLICE RETIREMENT

represented by Joseph R. Seidman Bernstein Liebhard, LLP 10 East 40th Street 22nd Floor New York, NY 10016 (212)-779-1414 Fax: (212)-779-3218 Email: seidman@bernlieb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Laurence Jesse Hasson Bernstein Liebhard, LLP 10 East 40th Street New York, NY 10016 (212)-779-1414 Fax: (212)-779-3218 Email: lhasson@bernlieb.com ATTORNEY TO BE NOTICED Michael S. Bigin Bernstein Liebhard, LLP 10 East 40th Street 22nd Floor New York, NY 10016 (212) 779-1414 Fax: (212) 779-3218 Email: bigin@bernlieb.com ATTORNEY TO BE NOTICED

Plaintiff

Bo Young Cha Individually and on behalf of all others similarly situated

represented by Jeffrey A. Berens Dyer & Berens L.L.P. (CO) 303 East 17th, Avenue

Suite 300 Denver, CO 80203 (303) 861-1764 Fax: (303) 395-0393 Email: jeff@dyerberens.com ATTORNEY TO BE NOTICED Michael Ira Fistel , Jr. Holzer & Holzer, LLC 200 Ashford Center North, Suite300 Atlanta, GA 30338 (770) 392-0090 Fax: (770) 392-0029 Email: michaelf@johnsonfistel.com TERMINATED: 09/04/2014 PRO HAC VICE Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: srudman@rgrdlaw.com ATTORNEY TO BE NOTICED Uri Seth Ottensoser Bernstein Liebhard, LLP 10 East 40th Street 22nd Floor New York, NY 10016 212-779-1414 Fax: 212-779-3218 Email: ottensoser@bernlieb.com ATTORNEY TO BE NOTICED

V.

Movant

City of Bridgeport Pension Plans A Investment Trust

represented by David R. Scott Scott & Scott, LLC(CT) 156 South Main Street P.O.Box 192 Colchester, CT 06415 (860)537-5537 Fax: (860)537-4432 Email: david.scott@scott-scott.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Peter Guglielmo Scott + Scott, L.L.P.( NYC) 230 Park Avenue 17th Floor New York, NY 10169 (212) 223-6444 Fax: (212) 223-6334 Email: jguglielmo@scott-scott.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne L. Box Scott Scott, LLP (CA) 707 Broadway, Suite 1000 San Diego, CA 92101 (619)-233-4565 Fax: (619)-233-0508 Email: abox@scott-scott.com ATTORNEY TO BE NOTICED

Movant

Vincent and Lenita Cipponeri represented by Kim Elaine Miller Kahn Swick & Foti, LLC 206 Covington Street Madisonville, LA 70447 (212) 696-3730 Fax: (504) 455-1498 Email: kim.miller@ksfcounsel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan

represented by Avital Orly Malina Robbins Geller Rudman & Dowd LLP 58 South Services Road, Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: amalina@rgrdlaw.com ATTORNEY TO BE NOTICED Christopher Thomas Gilroy Robbins Geller Rudman & Dowd, LLP 58 South Service Road Melville, NY 11737 (631)-367-7100 Fax: (631)-367-1173 Email: cgilroy@rgrdlaw.com ATTORNEY TO BE NOTICED

David Avi Rosenfeld Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: drosenfeld@rgrdlaw.com ATTORNEY TO BE NOTICED Mark Samuel Reich Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631)-367-7100 Fax: (631)-367-1173 Email: mreich@rgrdlaw.com ATTORNEY TO BE NOTICED Samuel Howard Rudman (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Kinross Gold Corporation represented by Matthew Alexander Schwartz Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212) 558-4000 Fax: (212) 558-3588 Email: schwartzmatthew@sullcrom.com ATTORNEY TO BE NOTICED Robert Joseph Giuffra , Jr. Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212)-558-3121 Fax: (212)-558-3588 Email: giuffrar@sullcrom.com ATTORNEY TO BE NOTICED Thomas William Walsh Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004

(212) 558-7334 Fax: (212) 558-3588 Email: walsht@sullcrom.com ATTORNEY TO BE NOTICED

Defendant

Tye W. Burt represented by Matthew Alexander Schwartz (See above for address) ATTORNEY TO BE NOTICED Robert Joseph Giuffra , Jr. (See above for address) ATTORNEY TO BE NOTICED Thomas William Walsh (See above for address) ATTORNEY TO BE NOTICED

Defendant

Paul H. Barry represented by Matthew Alexander Schwartz (See above for address) ATTORNEY TO BE NOTICED Robert Joseph Giuffra , Jr. (See above for address) ATTORNEY TO BE NOTICED Thomas William Walsh (See above for address) ATTORNEY TO BE NOTICED

Defendant

Glen Masterman represented by Matthew Alexander Schwartz (See above for address) ATTORNEY TO BE NOTICED Robert Joseph Giuffra , Jr. (See above for address) ATTORNEY TO BE NOTICED Thomas William Walsh (See above for address) ATTORNEY TO BE NOTICED

Defendant

Kenneth G. Thomas represented by Matthew Alexander Schwartz (See above for address) ATTORNEY TO BE NOTICED Robert Joseph Giuffra , Jr.

(See above for address) ATTORNEY TO BE NOTICED Thomas William Walsh (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/16/2012 1 COMPLAINT against Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Filing Fee $ 350.00, Receipt Number 465401030055)Document filed by Bo Young Cha.(rdz) (Entered: 02/21/2012)

02/16/2012 SUMMONS ISSUED as to Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (rdz) (Entered: 02/21/2012)

02/16/2012 Magistrate Judge Kevin Nathaniel Fox is so designated. (rdz) (Entered: 02/21/2012)

02/16/2012 Case Designated ECF. (rdz) (Entered: 02/21/2012)

02/16/2012 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz) (Entered: 02/21/2012)

03/01/2012 3 NOTICE OF APPEARANCE by Robert Joseph Giuffra, Jr on behalf of Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas (Giuffra, Robert) (Entered: 03/01/2012)

03/01/2012 4 NOTICE OF APPEARANCE by Matthew Alexander Schwartz on behalf of Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas (Schwartz, Matthew) (Entered: 03/01/2012)

03/02/2012 5 NOTICE OF APPEARANCE by Thomas William Walsh on behalf of Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas (Walsh, Thomas) (Entered: 03/02/2012)

03/05/2012 6 STIPULATION AND ORDER FOR SCHEDULING AND AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND: It is hereby Stipulated and agreed that (i) the lead plaintiff shall file an amended complaint within 40 days after the entry of the Court's Order appointing lead plaintiff, (ii) Defendants shall answer the complaint or otherwise plead within 40 days after the filing of the amended complaint, (iii) lead plaintiff shall file its opposition to defendants' responsive pleading within 40 days after

that pleading, and (iv) defendants shall file their reply in support of their responsive pleading within 30 days after the filing of leas plaintiff's opposition to defendant's pleading. The Court has modified the proposed schedule with the goal of expediting this litigation. (Signed by Judge Paul A. Engelmayer on 3/5/2012) (jfe) (Entered: 03/05/2012)

04/16/2012 7 NOTICE OF APPEARANCE by Joseph Peter Guglielmo on behalf of City of Bridgeport Pension Plans A Investment Trust (Guglielmo, Joseph) (Entered: 04/16/2012)

04/16/2012 8 NOTICE OF APPEARANCE by David R. Scott on behalf of City of Bridgeport Pension Plans A Investment Trust (Scott, David) (Entered: 04/16/2012)

04/16/2012 9 MOTION to Appoint City of Bridgeport Pension Plans A Investment Trust to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by City of Bridgeport Pension Plans A Investment Trust.(Guglielmo, Joseph) (Entered: 04/16/2012)

04/16/2012 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Appoint City of Bridgeport Pension Plans A Investment Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by City of Bridgeport Pension Plans A Investment Trust. (Guglielmo, Joseph) (Entered: 04/16/2012)

04/16/2012 11 DECLARATION of Joseph P. Guglielmo in Support re: 9 MOTION to Appoint City of Bridgeport Pension Plans A Investment Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by City of Bridgeport Pension Plans A Investment Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Guglielmo, Joseph) (Entered: 04/16/2012)

04/16/2012 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s). Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Seidman, Joseph) (Entered: 04/16/2012)

04/16/2012 13 DECLARATION of JOSEPH R. SEIDMAN, JR. in Support re: 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s).. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit PRESS RELEASE, # 2 Exhibit CERTIFICATION, # 3 Exhibit LOSS CHART, # 4 Exhibit RESUME)(Seidman, Joseph) (Entered: 04/16/2012)

04/16/2012 14 CERTIFICATE of Counsel by Joseph R. Seidman on behalf of CITY OF AUSTIN POLICE RETIREMENT. Re: 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s)., 13 Declaration in Support of Motion,. CERTIFICATE OF SERVICE (Seidman, Joseph) (Entered: 04/16/2012)

04/16/2012 15 MEMORANDUM OF LAW in Support re: 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s).. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Text of Proposed Order)(Seidman, Joseph) (Entered: 04/16/2012)

04/16/2012 16 MOTION to Appoint Vincent and Lenita Cipponeri to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Vincent and Lenita Cipponeri.(Miller, Kim) (Entered: 04/16/2012)

04/16/2012 17 MEMORANDUM OF LAW in Support re: 16 MOTION to Appoint Vincent and Lenita Cipponeri to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Vincent and Lenita Cipponeri. (Miller, Kim) (Entered: 04/16/2012)

04/16/2012 18 DECLARATION of Kim Miller in Support re: 16 MOTION to Appoint Vincent and Lenita Cipponeri to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Vincent and Lenita Cipponeri. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Miller, Kim) (Entered: 04/16/2012)

04/16/2012 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff. Document filed by IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan.(Rudman, Samuel) (Entered: 04/16/2012)

04/16/2012 20 MEMORANDUM OF LAW in Support re: 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff.. Document filed by IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Rudman, Samuel) (Entered: 04/16/2012)

04/16/2012 21 DECLARATION of Samuel H. Rudman in Support re: 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff.. Document filed by IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Attachments: # 1 Exhibit A - Notice, # 2 Exhibit B - Cert, # 3 Exhibit C - Chart, # 4 Exhibit D- Resume)(Rudman, Samuel) (Entered: 04/16/2012)

05/02/2012 22 RESPONSE to Motion re: 16 MOTION to Appoint Vincent and Lenita Cipponeri to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Vincent and Lenita Cipponeri. (Miller, Kim) (Entered: 05/02/2012)

05/03/2012 23 MEMORANDUM OF LAW in Opposition re: 16 MOTION to Appoint Vincent and Lenita Cipponeri to serve as lead plaintiff(s). MOTION to Appoint Counsel., 9 MOTION to Appoint City of Bridgeport Pension Plans A Investment Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel., 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 05/03/2012)

05/03/2012 24 RESPONSE to Motion re: 16 MOTION to Appoint Vincent and Lenita Cipponeri to serve as lead plaintiff(s). MOTION to Appoint Counsel., 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s)., 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff.. Document filed by City of Bridgeport Pension Plans A Investment Trust. (Guglielmo, Joseph) (Entered: 05/03/2012)

05/03/2012 25 MEMORANDUM OF LAW in Opposition re: 16 MOTION to Appoint Vincent and Lenita Cipponeri to serve as lead plaintiff(s). MOTION to Appoint Counsel., 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s)., 9 MOTION to Appoint City of Bridgeport Pension Plans A Investment Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. The Local 58 Funds' Memorandum of Law in Opposition to Competing Motions for Appointment as Lead Plaintiff. Document filed by IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Rudman, Samuel) (Entered: 05/03/2012)

05/14/2012 26 REPLY MEMORANDUM OF LAW in Support re: 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s).. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered:

05/14/2012)

05/14/2012 27 REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff. The Local 58 Funds' Reply Memorandum of Law in Further Support of Their Motion for Appointment as Lead Plaintiff. Document filed by IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Rudman, Samuel) (Entered: 05/14/2012)

05/14/2012 28 REPLY AFFIDAVIT of Samuel H. Rudman in Support re: 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff.. Document filed by IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (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)(Rudman, Samuel) (Entered: 05/14/2012)

05/15/2012 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kinross Gold Corporation.(Schwartz, Matthew) (Entered: 05/15/2012)

05/17/2012 30 ORDER: The Court has received a letter from lead plaintiff movant City of Austin Police Retirement System, dated May 16, 2012, requesting permission from the Court to submit a sur-reply memorandum in response to the IBEW Local 58 Funds' reply in support of its motion. The Court has also received a letter in response from lead plaintiff movant IBEW Local 58 Funds, opposing Austin's request, and in the alternative, requesting the opportunity to respond to any additional briefing by Austin. Austin is directed to submit a sur-reply memorandum, not exceeding five pages in length, in response to the Local 58 Funds' reply by May 22, 2012. The Local 58 Funds are directed to submit a sur-sur-reply, also not exceeding five pages in length, in response to Austin's submission by May 25, 2012. (Signed by Judge Paul A. Engelmayer on 5/17/2012) (mro) (Entered: 05/17/2012)

05/17/2012 Set/Reset Deadlines: Surreplies due by 5/22/2012. (mro) (Entered: 05/18/2012)

05/22/2012 31 RESPONSE in Support re: 12 MOTION to Appoint CITY OF AUSTIN POLICE RETIREMENT SYSTEM to serve as lead plaintiff(s).. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 05/22/2012)

05/25/2012 32 RESPONSE in Support re: 19 MOTION to Appoint Counsel The Local 58 Funds' Notice of Motion and Motion for Appointment as Lead Plaintiff. The Local 58 Funds' Response to the City of Austin's Sur-Reply. Document filed by IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Rudman, Samuel) (Entered: 05/25/2012)

05/31/2012 33 OPINION AND ORDER # 101870: Austins motion seeking appointment as lead plaintiff is GRANTED. The Local 58 Fundss motion is DENIED. The Clerk of the Court is directed to terminate the motions at docket numbers 9, 12, 16 and 19. The parties are directed to consult the case management schedule (Dkt. 6) for thedeadlines in this case. The deadline for the lead plaintiff to file an amended complaint is July 9, 2012. The deadline for defendants to answer or otherwise move with respect to the amended complaint is 40 days after the filing of the amended complaint. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/31/2012) (ama) Modified on 6/6/2012 (ft). (Entered: 05/31/2012)

05/31/2012 34 ENDORSED LETTER: addressed to Judge Paul A. Engelmayer, from: Samuel H. Rudman, dated: 5/30/2012, re: Accordingly, the Local 58 Funds and City of Austin Police Retirement System respectfully request that the Court defer ruling on the pending motions until at least the end of next week, or until June 8, 2012, so that the movants can have sufficient time to either propose a revised leadership structure to the Court or, if they are unable to reach an agreement, to so notify the Court. ENDORSEMENT: The parties' request that the Court defer ruling on the motions is hereby DENIED. The Court issued its ruling earlier today. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/31/2012) (ama) Modified on 5/31/2012 (ama). (Entered: 05/31/2012)

06/19/2012 35 ENDORSED LETTER: addressed to Judge Paul A. Engelmayer from Joseph R. Seidman Jr. dated 6/18/2012 re: we respectfully request a two-week extension until July 23, 2012 to file the Complaint. Defendants do not object to this request. If Austin's request is granted, Defendants request that their motion to dismiss, which under Your Honor's March 5, 2012 order (Dkt. No.6) is due on August 20th, be due on Friday, September 7, 2012. (Two weeks from Defendants' August 20th deadline for their motion to dismiss is Monday, September 3, 2012, which is Labor Day). ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Engelmayer on 6/19/2012) (js) (Entered: 06/19/2012)

07/23/2012 41 AMENDED COMPLAINT amending 1 Complaint against Paul H. Barry, Tye W. Burt, Kinross Gold Corporation with JURY DEMAND.Document filed by Bo Young Cha. Related document: 1 Complaint filed by Bo Young Cha. (Attachments: # 1 part 2)(laq) (Entered: 09/11/2012)

07/31/2012 36 NOTICE of AMENDED CERTIFICATION OF LOCAL FUNDS. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit AMENDED CERTIFICATION)(Seidman, Joseph) (Entered: 07/31/2012)

08/30/2012 37 STIPULATION AND ORDER FOR EXTENSION OF PAGE LIMITS FOR MOTION TO DISMISS AND OPPOSITION: that (i) Defendants' memorandum of law in support of their motion to dismiss the Amended Complaint, and Lead Plaintiff's opposition to Defendants' motion shall each not exceed forty (40) pages in length; and (ii) Defendants' reply in support of their motion shall not exceed twenty (20) pages in length. Tables of contents and tables of authorities shall not count against these page limits. (Signed by Judge Paul A. Engelmayer on 8/30/2012) (ja) (Entered: 08/31/2012)

09/07/2012 38 MOTION to Dismiss The Amended Consolidated Class Action Complaint Pursuant to Rules 9(b) and 12(b)(6). Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas.(Walsh, Thomas) (Entered: 09/07/2012)

09/07/2012 39 MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss The Amended Consolidated Class Action Complaint Pursuant to Rules 9(b) and 12(b)(6).. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A)(Walsh, Thomas) (Entered: 09/07/2012)

09/07/2012 40 DECLARATION of Robert J. Giuffra, Jr. in Support re: 38 MOTION to Dismiss The Amended Consolidated Class Action Complaint Pursuant to Rules 9(b) and 12(b)(6).. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 14 Exhibit 14, # 15 Exhibit 15, # 19

Exhibit 19, # 28 Exhibit 28, (Walsh, Thomas) Modified on 3/22/2013 (djc). (Entered: 09/07/2012)

09/12/2012 42 ORDER: Oral argument on Defendants' motion to dismiss is hereby set for November 30, 2012 at 12:00 p.m. in Courtroom 18C of the United States Courthouse, 500 Pearl Street, New York, New York 10007. ( Oral Argument set for 11/30/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/11/2012) (jfe) (Entered: 09/12/2012)

10/02/2012 43 NOTICE OF CHANGE OF ADDRESS by Joseph Peter Guglielmo on behalf of City of Bridgeport Pension Plans A Investment Trust. New Address: Scott+Scott LLP, The Chrysler Building, 405 Lexington Ave., 40th Floor, New York, NY, USA 10174, (212) 223-6444. (Guglielmo, Joseph) (Entered: 10/02/2012)

10/05/2012 44 NOTICE OF APPEARANCE by Laurence Jesse Hasson on behalf of CITY OF AUSTIN POLICE RETIREMENT (Hasson, Laurence) (Entered: 10/05/2012)

10/10/2012 45 NOTICE OF CHANGE OF ADDRESS by Laurence Jesse Hasson on behalf of CITY OF AUSTIN POLICE RETIREMENT. New Address: Bernstein Liebhard LLP, 10 East 40th Street, 22nd Floor, New York, NY, 10801, (212) 779-1414. (Hasson, Laurence) (Entered: 10/10/2012)

10/17/2012 46 MEMORANDUM OF LAW in Opposition re: 38 MOTION to Dismiss The Amended Consolidated Class Action Complaint Pursuant to Rules 9(b) and 12(b)(6).. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit, # 2 Exhibit)(Seidman, Joseph) (Entered: 10/17/2012)

10/17/2012 47 MOTION to Strike Document No. [EXHIBITS 13, 16-18, 20-27, and 20-29]. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Text of Proposed Order)(Seidman, Joseph) (Entered: 10/17/2012)

10/17/2012 48 MEMORANDUM OF LAW in Support OF PLAINTIFFS' MOTION TO STRIKE CERTAIN EXHIBITS SUBMITTED BY DEFENDANTS IN CONNECTION WITH THEIR MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 10/17/2012)

11/02/2012 49 MEMORANDUM OF LAW in Opposition to Lead Plaintiff's Motion to Strike. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit Appendix, # 2 Exhibit Certificate of Service)(Giuffra, Robert) (Entered: 11/02/2012)

11/12/2012 50 REPLY MEMORANDUM OF LAW in Support. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 11/12/2012)

11/16/2012 51 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan (Rosenfeld, David) (Entered: 11/16/2012)

11/16/2012 52 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss The Amended Consolidated Class Action Complaint Pursuant to Rules 9(b) and 12(b)(6). Defendants' Reply Memorandum of Law in Support of Their Motion to Dismiss the Amended Consolidated Securities Class Action Complaint Pursuant to Rules 9(b) and 12(b)(6). Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix Appendix A)(Walsh,

Thomas) (Entered: 11/16/2012)

11/27/2012 53 ORDER: Due to an opening in the Court's schedule, oral argument on defendants' motion to dismiss is moved forward half an hour, to 11:30 a.m. on November 30,2012, in Courtroom 21D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED.( Oral Argument set for 11/30/2012 at 11:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/27/2012) (ama) (Entered: 11/27/2012)

11/30/2012 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 11/30/2012. Oral Argument held on the record regarding Motion to Strike (Docket No. 47) and Motion toDismiss the Amended Consolidated Class (Docket No. 38). Courts decision is reserved. (pl) (Entered: 12/05/2012)

12/04/2012 54 NOTICE OF CHANGE OF ADDRESS by William John Geddish on behalf of IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. New Address: Robbins Geller Rudman & Dowd LLP, 58 South Service Road, Suite 200, Melville, New York, USA 11747, 6313677100. (Geddish, William) (Entered: 12/04/2012)

02/04/2013 55 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/30/2012 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013.(McGuirk, Kelly) (Entered: 02/04/2013)

02/04/2013 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/30/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 02/04/2013)

03/21/2013 57 ORDER: The initial complaint in this case was filed February 16, 2012, by then-putative lead plaintiff, Bo Young Cha. Dkt. 1. On May 31, 2012, in an Opinion and Order issued following briefing as to the most suitable lead plaintiff, the Court appointed the City of Austin Police Retirement System to serve in that role. Dkt. 33. Accordingly, the Clerk of Court is directed to amend the caption in this case, as above, to reflect this change. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/21/2013) (rsh) Modified on 3/21/2013 (rsh). (Entered: 03/21/2013)

03/22/2013 58 OPINION & ORDER: For the reasons stated above: 1. Austins motion to strike is granted. Exhibits 13, 16, 18, 20, 27, and 29, 34 to the Giuffra Declaration are stricken from the record. 2. Kinross's motion to dismiss for failure to state a claim is granted in part and denied in part. a. Austins allegations of misstatements and omissions relating to Kinross's due diligence, and Austins allegations of misstatements and omissions relating to the schedule for development of the Tasiast mine made before August 10, 2011, are dismissed for failure to state a claim, as against all defendants. b. Austins allegations of misstatements and omissions relating to the publicly announced schedule for development of the Tasiast mine, made between August 10, 2011, and the end of the

Class Period, state a claim, and are not dismissed, as against all defendants. c. Austin's allegations of § 20(a) violations between August 10, 2011, and the end of the Class Period, state a claim, and are not dismissed, as against all four Individual Defendants. The Court will hold a pretrial conference in this case on April 15, 2013, at 2:00 p.m., at which it will set a case management plan. The Court directs counsel promptly to meet and confer as to such a plan, and, by April 5, 2013, to submit a joint letter proposing such a plan, or, to the extent the parties are unable to agree, alternative such plans. (Signed by Judge Paul A. Engelmayer on 3/22/2013)(djc) Modified on 3/22/2013 (djc). Modified on 3/28/2013 (djc). (Entered: 03/22/2013)

03/22/2013 Set/Reset Hearings: Pretrial Conference set for 4/15/2013 at 02:00 PM before Judge Paul A. Engelmayer. (djc) (Entered: 03/22/2013)

04/05/2013 59 MOTION for Reconsideration re; 58 Memorandum & Opinion,,,,,,. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas.(Giuffra, Robert) (Entered: 04/05/2013)

04/05/2013 60 MEMORANDUM OF LAW in Support re: 59 MOTION for Reconsideration re; 58 Memorandum & Opinion,,,,,,.. Document filed by Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 04/05/2013)

04/08/2013 61 ORDER: The Court has received defendants' motion for reconsideration, pursuant to Local Civil Rule 6.3, of the Court's March 22, 2013 decision denying in part defendants' motion to dismiss. Dkt. 59-60. Plaintiff is directed to submit a response to the motion by April 19, 2013. No reply is invited. The Court has also received the parties' proposed case management plan. The parties are directed to exchange their initial disclosures on or before May 7, 2013, as anticipated in that plan. The Court will, to the extent necessary, set the remaining dates in the case management plan upon resolving defendants' motion. ( Responses due by 4/19/2013) (Signed by Judge Paul A. Engelmayer on 4/8/2013) (djc) (Entered: 04/09/2013)

04/08/2013 62 STIPULATION AND ORDER FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND: IT IS HEREBY STIPULATED AND AGREED by and between the Parties that: (i) Defendants shall file a motion for reconsideration of the Order on or before April 5, 2013; and (ii) Defendants shall answer the Amended Complaint within thirty (30) days after notice of the Court's decision on the motion for reconsideration. (Signed by Judge Paul A. Engelmayer on 4/8/2013) (djc) (Entered: 04/09/2013)

04/12/2013 63 ORDER: Due to defendants' pending motion for reconsideration, the case-management conference previously scheduled for April 15, 2013, at 2 p.m. is cancelled. The Court will schedule such a conference, if needed, following resolution of the reconsideration motion. (Signed by Judge Paul A. Engelmayer on 4/12/2013) (djc) Modified on 4/15/2013 (djc). (Entered: 04/12/2013)

04/19/2013 64 MEMORANDUM OF LAW in Opposition re: 59 MOTION for Reconsideration re; 58 Memorandum & Opinion,,,,,,.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 04/19/2013)

04/23/2013 65 NOTICE OF APPEARANCE by Michael S. Bigin on behalf of CITY OF AUSTIN POLICE RETIREMENT (Bigin, Michael) (Entered: 04/23/2013)

04/24/2013 66 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Robert J. Giuffra,

Jr. dated 4/19/2013 re: Although the Court did not invite reply briefing in support of Defendants' Motion for Reconsideration (Dkt No. 61), Defendants believe that Lead Plaintiff's Opposition materially mischaracterizes dispositive points in Defendants' Motion for Reconsideration. Accordingly, and pursuant to Rule 3(F) of this Court's Individual Rules of Practice in Civil Cases, Defendants respectfully request oral argument on their motion, if the Court would find argument helpful. ENDORSEMENT: The Court does not believe that oral argument is necessary, but would benefit from a reply. Defendants' reply is due by May 1, 2013. (Replies due by 5/1/2013.) (Signed by Judge Paul A. Engelmayer on 4/24/2013) (djc) (Entered: 04/24/2013)

05/01/2013 67 REPLY MEMORANDUM OF LAW in Support re: 59 MOTION for Reconsideration re; 58 Memorandum & Opinion,,,,,,.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 05/01/2013)

06/06/2013 68 OPINION & ORDER re: #103271 59 MOTION for Reconsideration re; 58 Memorandum & Opinion. filed by Kenneth G. Thomas, Paul H. Barry, Kinross Gold Corporation, Tye W. Burt, Glen Masterman. For the reasons stated above, the Court denies defendants' motion for reconsideration in its entirety. Defendants are directed to answer the Amended Complaint within 30 days, as provided in the stipulation and order of April 8, 2013. See Dkt. 62. The Court has separately issued a case management plan today. (Signed by Judge Paul A. Engelmayer on 6/6/2013) (djc) Modified on 6/12/2013 (jab). (Entered: 06/06/2013)

06/06/2013 69 STIPULATED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: ( Deposition due by 7/28/2014. Fact Discovery due by 3/17/2014. On or before November 4, 2013, Lead Plaintiff shall file a motion for Class Certification. Depositions shall be completed by 2/3/2014; Any motion for the joinder of additional Parties shall be made no later than August 9, 2013. Any Daubert motions shall be filed on or before August 18, 20914. On or before August 18, 2014, Parties may file dispositive motions. The Parties have conferred about their present best estimate of the length of trial, but have been unable to reach agreement on this issue. Lead Plaintiff estimates a trial period of four weeks; Defendants estimate a trial period of one week. Parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). (Signed by Judge Paul A. Engelmayer on 6/6/2013) (djc) (Entered: 06/06/2013)

06/11/2013 70 STIPULATION AND PROTECTIVE ORDER FOR CONFIDENTIALITY AGREEMENT...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 6/11/2013) (djc) (Entered: 06/11/2013)

07/08/2013 71 ANSWER to 41 Amended Complaint. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas.(Giuffra, Robert) (Entered: 07/08/2013)

07/17/2013 NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Paul A. Engelmayer is no longer assigned to the case. (pgu) (Entered: 07/17/2013)

08/12/2013 72 SCHEDULING NOTICE: A telephone conference will be held before the Hon. Edgardo Ramos, U.S.D.J., on August 20, 2013 at 11:30 am. Counsel for Plaintiff is directed to organize all parties and then call chambers at (212) 805-0294. (Telephone Conference set for 8/20/2013 at 11:30 AM before Judge Edgardo Ramos. )(mro) (Entered: 08/13/2013)

08/19/2013 73 SEALED DOCUMENT placed in vault.(nm) (Entered: 08/19/2013)

08/20/2013 Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 8/20/2013. Judge ruled that the applicable time period for the production of documents is 2/16/11 to 2/15/12. Additionally, for for the period between 2/16/11 and 5/4/11, the custodians from which the defendants should produce documents are limited to defendants Burt and Thomas and any other custodians reasonably likely to have knowledge of the schedule for the development of the Tasiast mine. The parties are directed to meet and confer regarding Plaintiffs' requests for particular categories of documents falling outside the above-mentioned time frame, and are directed to address any future discovery issues to Magistrate Judge Kevin N. Fox. (sc) (Entered: 08/26/2013)

08/23/2013 ***DELETED DOCUMENT pursuant to instructions from Chambers on 8/28/2013. Deleted document number 74 ORDER REFERRING CASE TO MAGISTRATE JUDGE. The document was incorrectly filed in this case. (tro) (Entered: 08/28/2013)

08/26/2013 75 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Edgardo Ramos on 8/23/2013) (ft) (Entered: 08/26/2013)

08/28/2013 76 NOTICE OF APPEARANCE by Avital Orly Malina on behalf of IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Malina, Avital) (Entered: 08/28/2013)

09/23/2013 77 ENDORSED LETTER addressed to Judge Edgardo Ramos from U. Seth Ottensoser dated 8/19/2013 re: Counsel for lead plaintiff City of Austin Police Retirement System, requests that the Court enter the enclosed Protective Order so that Lead Plaintiff can maintain the confidential identity of one of the witnesses cited to in the Complaint. ENDORSEMENT: Having considered the instant application and the defendant's opposition to it dated August 22, 2013, the Court is not satisfied that good cause exists, see Fed. R. Civ. P. 26(c), for issuing the requested protective order. Therefore, the instant application is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/23/2013) (tn) (Entered: 09/23/2013)

09/23/2013 78 LETTER addressed to Judge Edgardo Ramos from Robert J. Giuffra, Jr. dated 8/22/2013 re: Counsel for defendants requests that Your Honor deny Plaintiff's request to identify FE-3 pursuant to a protective order, and order Plaintiff to provide Defendants' counsel with its ex parte affidavit. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas.(tn) (Entered: 09/23/2013)

09/30/2013 79 ORDER: Telephonic status conference set for 2/4/2014 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox. The telephonic conference shall be initiated by counsel to the plaintiffs to (212) 805-6705. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/30/2013) (tn) (Entered: 09/30/2013)

10/02/2013 80 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anne Louise Box to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8930972. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Bridgeport Pension Plans A Investment Trust. (Attachments: # 1 Certificate of Good Standing from California, # 2 Letter of Good Standing from Texas, # 3 Text of Proposed

Order)(Box, Anne) Modified on 10/2/2013 (wb). (Entered: 10/02/2013)

10/02/2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 80 MOTION for Anne Louise Box to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8930972. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing has to be issued from the Supreme Court of California and the Supreme Court of Texas with a Clerk of Court signature. Re-file the document as a Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) (Entered: 10/02/2013)

10/07/2013 81 NOTICE of Notice of Plaintiffs' Unopposed Motion for the Issuance of Letters Rogatory to Subpoena Foreign Third Parties. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 [Proposed] Order)(Seidman, Joseph) (Entered: 10/07/2013)

10/07/2013 82 MOTION for Issuance of Letters Rogatory in Canada Notice of Plaintiffs' Unopposed Motion for the Issuance of Letters Rogatory to Subpoena Foreign Third Parties. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 [Proposed] Order)(Seidman, Joseph) (Entered: 10/07/2013)

10/07/2013 83 MEMORANDUM OF LAW in Support re: 82 MOTION for Issuance of Letters Rogatory in Canada Notice of Plaintiffs' Unopposed Motion for the Issuance of Letters Rogatory to Subpoena Foreign Third Parties.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 10/07/2013)

10/07/2013 84 DECLARATION of David A. Rosenfeld in Support re: 82 MOTION for Issuance of Letters Rogatory in Canada Notice of Plaintiffs' Unopposed Motion for the Issuance of Letters Rogatory to Subpoena Foreign Third Parties.. Document filed by Tye W. Burt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Seidman, Joseph) (Entered: 10/07/2013)

10/10/2013 85 MOTION for Anne Louise Box to Appear Pro Hac Vice (refiled per Clerk's instructions). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Bridgeport Pension Plans A Investment Trust. (Attachments: # 1 Certificate of Good Standing - California, # 2 Certificate of Good Standing - Texas, # 3 Text of Proposed Order)(Box, Anne) (Entered: 10/10/2013)

10/10/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 85 MOTION for Anne Louise Box to Appear Pro Hac Vice (refiled per Clerk's instructions). Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION for Anne Louise Box to Appear Pro Hac Vice (refiled per Clerk's instructions). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 10/10/2013)

10/10/2013 86 ORDER re: 84 Declaration in Support of Motion, filed by Tye W. Burt: that on or before October 15, 2013, the plaintiff shall file a revised Exhibit C that includes a definition of the "Relevant Time Period." (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/10/2013) (tn) (Entered: 10/10/2013)

10/10/2013 87 DECLARATION of David A. Rosenfeld in Support re: 82 MOTION for Issuance of Letters Rogatory in Canada Notice of Plaintiffs' Unopposed Motion for the Issuance of

Letters Rogatory to Subpoena Foreign Third Parties.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Amended Exhibit C)(Seidman, Joseph) (Entered: 10/10/2013)

10/11/2013 88 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR THE ISSUANCE OF LETTERS ROGATORY TO SUBPOENA FOREIGN THIRD PARTIES granting 82 Motion for Issuance of Letters Rogatory: The Clerk of this Court shall issue Letters Rogatory for the production of documents and the taking of depositions upon oral examination of the Foreign Third Parties as witnesses in this action, as is directed in the Subpoenas; and the appropriate judicial authority in Ontario is hereby authorized to subpoena documentary evidence and take and report the depositions of the Foreign Third Parties, and shall have the power by virtue of the Letters Rogatory to administer any necessary oath and to take and report testimony. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/11/2013) (tn) (Entered: 10/11/2013)

10/11/2013 89 REVISED STIPULATED SCHEDULING ORDER: On or before 1/9/2014, Lead Plaintiff shall file a motion for Class Certification. Subject to rulings on any objections, good faith production of all documents shall be completed no later than 1/10/2014 unless any Party shows good cause why such production cannot be completed by that date. By 4/14/2014, the Parties shall meet face-to-face to discuss settlement. Requests to Admit shall be served by 5/1/2014. Fact Discovery, including depositions, due by 5/15/2014. On or before 6/2/2014, the Parties shall identify their testifying experts pursuant to Fed. R. Civ. P. 26(a)(2)(A) and produce expert reports pursuant to Fed. R. Civ. P. 26(b)(4)(A). On or before 7/23/2014, the Parties are to produce any rebuttal expert reports. Expert depositions due by 8/22/2014. Any Daubert motions due by 9/12/2014. Oppositions to any Daubert motions shall be filed within thirty days of the filing of a motion. Any reply in support of a Daubert motion shall be filed within fifteen days of the filing of all opposition. On or before 9/12/2014, Parties may file dispositive motions. Parties may file briefs in oppositin to any dispositive motions within 60 days of the motions' filing. Parties may file any reply briefs in support of their dipositive motions within 30 days of any opposition brief. The Parties have conferred and their present best estimate or the length of trial, but have been unable to reach agreement on this issue. Lead Plaintiff estimates a trial period of four weeks; Defendants estimate a trial period of one week. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/11/2013) (tn) Modified on 10/18/2013 (tn). (Entered: 10/11/2013)

10/11/2013 90 ORDER granting 85 Motion for Anne L. Box to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) (Entered: 10/11/2013)

11/22/2013 91 NOTICE OF APPEARANCE by Christopher Thomas Gilroy on behalf of IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Gilroy, Christopher) (Entered: 11/22/2013)

12/18/2013 92 STIPULATED SCHEDULING ORDER: Fact Discovery, including depositions, due by 5/15/2014. A telephonic status conference will be held with the parties on 5/22/2014, at 10:00 a.m. Counsel to the plaintiff shall initiate the telephonic conference on that date. The parties shall proceed in accordance with the Individual Rules of Practice of the assigned district judge as they relate to motions. Expert Depositions due by 11/19/2014. Trial shall be before a jury. The Parties have conferred and their present best estimate of the length of trial, but have been unable to reach agreement on this issue. Lead Plaintiff estimates a trial period of four weeks; Defendants estimate a trial period of one week.

(Telephone Conference set for 5/22/2014 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/18/2013) (tn) Modified on 12/19/2013 (tn). (Entered: 12/18/2013)

03/11/2014 NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Edgardo Ramos is no longer assigned to the case. (pgu) (Entered: 03/11/2014)

03/11/2014 93 ORDER: Whereas this case has been assigned to me for all purposes, it is hereby, ORDERED that counsel review and comply with the Court's Individual Rules and Procedures (Individual Rules) (available at the Court's website, http://nysd.uscourts.gov/judge/Caproni). Counsel are further directed to submit a joint letter to the Court no later than April 16, 2014 and appear for a status conference on April 23, 2014, at 10:30 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties should append the most recent complaint and the most recent scheduling order to the status letter. The letter must be filed on ECF in accordance with the Individual Rules. The status letter may not exceed 5 pages and must include the following as further set forth herein. ( Status Conference set for 4/23/2014 at 10:30 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/11/2014) (djc) (Entered: 03/11/2014)

04/04/2014 94 NOTICE OF APPEARANCE by Mark Samuel Reich on behalf of IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan. (Reich, Mark) (Entered: 04/04/2014)

04/07/2014 95 LETTER addressed to Judge Valerie E. Caproni from U. SETH OTTENSOSER dated APRIL 7, 2014 re: APRIL 23, 2014 STATUS CONFERENCE. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Seidman, Joseph) (Entered: 04/07/2014)

04/07/2014 96 MEMO ENDORSEMENT on re: 95 Letter filed by CITY OF AUSTIN POLICE RETIREMENT. ENDORSEMENT: Conference adjourned to April 24, 2014 at 10:30 a.m. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/7/2014) (kgo) (Entered: 04/07/2014)

04/07/2014 Set/Reset Hearings: Status Conference set for 4/24/2014 at 10:30 AM before Judge Valerie E. Caproni. (kgo) (Entered: 04/07/2014)

04/16/2014 97 LETTER addressed to Judge Valerie E. Caproni from Robert J. Giuffra, Jr. and U. Seth Ottensoser dated April 16, 2014 re: Status Letter Pursuant to March 11, 2014 Order. Document filed by Paul H. Barry, Tye W. Burt, CITY OF AUSTIN POLICE RETIREMENT, City of Bridgeport Pension Plans A Investment Trust, IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix Amended Complaint, # 2 Appendix Revised Case Management and Scheduling Order)(Giuffra, Robert) (Entered: 04/16/2014)

04/24/2014 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 4/24/2014.The court approved the proposed schedule by the parties ( see order). (Court Reporter Tara Jones) (Brantley, Michael) (Entered: 04/24/2014)

04/24/2014 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 4/24/2014. All discovery is to be completed by 8/29/2014. New deadlines for dispositive motions will be set at the next status conference on 9/5/2014 @ 10a.m. (Court Reporter Tara Jones) (Brantley, Michael) (Entered: 04/24/2014)

04/24/2014 98 ORDER: WHEREAS the parties appeared before the Court on April 24, 2014 for a status conference; it is hereby ORDERED: 1. Plaintiff shall file its motion for class certification by July 30, 2014. Defendants shall file their opposition by September 5, 2014. Plaintiff shall file its reply in further support of its motion by September 19, 2014. 2. Any motion to exclude the testimony of experts shall be filed by December 19, 2014. Oppositions to those motions shall be filed by January 19, 2015. Replies shall be filed by February 2, 2015. 3. The parties will next appear for a status conference before this Court on February 6, 2015 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. 4. The order referring this case to Magistrate Judge Fox for general pretrial purposes is VACATED and the teleconference previously scheduled for May 22, 2014 is adjourned sine die., ( Motions due by 12/19/2014., Responses due by 1/19/2015., Replies due by 2/2/2015.), ( Status Conference set for 2/6/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/24/2014) (lmb) (Entered: 04/24/2014)

07/30/2014 99 LETTER addressed to Judge Valerie E. Caproni from U. Seth Ottensoser dated July 30, 2014 re: Joint Letter Requesting Permission for Lead Plaintiff to File a Redacted Memorandum of Law and Exhibits in Support of Plaintiffs' Motion for Class Certification. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Seidman, Joseph) (Entered: 07/30/2014)

07/30/2014 100 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Seidman, Joseph) (Entered: 07/30/2014)

07/30/2014 101 MEMORANDUM OF LAW in Support re: 100 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 07/30/2014)

07/30/2014 102 DECLARATION in Support re: 100 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit 1 - Redacted, # 2 Exhibit 2 - Redacted, # 3 Exhibit 3 - Redacted, # 4 Exhibit 4 - Redacted, # 5 Exhibit 5 - Redacted, # 6 Exhibit 6 - Redacted, # 7 Exhibit 7 - Redacted, # 8 Exhibit 8 - Redacted, # 9 Exhibit 9 -Redacted, # 10 Exhibit 10 - Redacted, # 11 Exhibit 11 - Redacted, # 12 Exhibit 12 - Redacted, # 13 Exhibit 13 - Redacted, # 14 Exhibit 14 - Redacted, # 15 Exhibit 15 - Redacted, # 16 Exhibit 16 - Redacted, # 17 Exhibit 17 - Redacted, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Seidman, Joseph) (Entered: 07/30/2014)

07/30/2014 103 LETTER addressed to Judge Valerie E. Caproni from U. Seth Ottensoser dated July 30, 2014 re: Proposed Order Granting Plaintiffs' Motion for Class Certification. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Seidman, Joseph) (Entered: 07/30/2014)

07/31/2014 104 MEMO ENDORSEMENT on re: 99 Letter filed by CITY OF AUSTIN POLICE RETIREMENT. ENDORSEMENT: Application DENIED. Defendants' confidentiality designations alone do not justify filing these materials under seal. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006) ("[T]he mere existence of a confidentiality order says nothing about whether complete reliance on the order to avoid disclosure was reasonable."). Absent an application from either party addressing the factors supporting sealing, Plaintiff shall file publicly their motion for class certification

and all supporting exhibits by August 15, 2014. SO ORDERED. ( Motions due by 8/15/2014.) (Signed by Judge Valerie E. Caproni on 7/31/2014) (ama) (Entered: 07/31/2014)

08/06/2014 105 TRANSCRIPT of Proceedings re: conference held on 4/24/2014 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/7/2014.(McGuirk, Kelly) (Entered: 08/06/2014)

08/06/2014 106 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/24/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/06/2014)

08/15/2014 107 FIRST MOTION to Seal Document 102 Declaration in Support of Motion,,, to Certify Class. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas.(Giuffra, Robert) (Entered: 08/15/2014)

08/15/2014 108 MEMORANDUM OF LAW in Support re: 107 FIRST MOTION to Seal Document 102 Declaration in Support of Motion,,, to Certify Class. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A)(Giuffra, Robert) (Entered: 08/15/2014)

08/15/2014 109 DECLARATION of Kathleen M. Grandy in Support re: 107 FIRST MOTION to Seal Document 102 Declaration in Support of Motion,,, to Certify Class.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit A - Redacted, # 2 Exhibit B - Redacted, # 3 Exhibit C - Redacted, # 4 Exhibit D - Redacted, # 5 Exhibit E Part 1 - Redacted, # 6 Exhibit E Part 2 - Redacted)(Giuffra, Robert) (Entered: 08/15/2014)

08/15/2014 110 LETTER addressed to Judge Valerie E. Caproni from Robert J. Giuffra, Jr. dated August 15, 2014 re: Proposed Order Granting Defendants' Motion to File Certain Exhibits to Plaintiffs' July 30, 2014 Motion for Class Certification in Redacted Form. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A)(Giuffra, Robert) (Entered: 08/15/2014)

08/20/2014 111 ORDER GRANTING DEFENDANTS' MOTION TO FILE CERTAIN EXHIBITS TO PLAINTIFFS' JULY 30, 2014 MOTION FOR CLASS CERTIFICATION IN REDACTED FORM: granting 107 Motion to Seal Document. WHEREAS, Plaintiffs have consented to the redaction of exhibits 3 and 4, but not exhibits 9, 12 and 16, it is hereby ORDERED: 1. Defendants' motion to file redacted versions of exhibits 3, 4, 9, 12 and 16 is GRANTED. 2. Plaintiffs shall refile its Memorandum of Law in Support of Its Motion for Class Certification and supporting exhibits in accordance with this Order. (Signed by Judge Valerie E. Caproni on 8/20/2014) (djc) (Entered: 08/21/2014)

08/21/2014 112 MOTION to Certify Class Plaintiffs' Notice of Motion for Class Certification. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Seidman, Joseph) (Entered:

08/21/2014)

08/21/2014 113 MEMORANDUM OF LAW in Support re: 112 MOTION to Certify Class Plaintiffs' Notice of Motion for Class Certification. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 08/21/2014)

08/21/2014 114 DECLARATION of Laurence J. Hasson in Support re: 112 MOTION to Certify Class Plaintiffs' Notice of Motion for Class Certification.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 - Redacted, # 4 Exhibit 4 - Redacted, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9 - Redacted, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12 - Redacted, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16 Part 1 - Redacted, # 17 Exhibit 16 Part 2 - Redacted, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23)(Seidman, Joseph) (Entered: 08/21/2014)

09/04/2014 115 ENDORSED LETTER addressed to Judge Valerie E. Caproni from Michael I. Fistel dated 8/22/2014 re: I hereby withdraw as counsel. ENDORSEMENT: Application GRANTED. Plaintiff's attorney, Michael I. Fistel, shall be withdrawn as counsel of record in this matter, the correct case number of which is 12-CV-1203. The Clerk of Court is respectfully requested to remove Mr. Fistel from the docket. (Signed by Judge Valerie E. Caproni on 9/4/2014) (kgo) (Entered: 09/05/2014)

09/05/2014 116 MEMORANDUM OF LAW in Opposition re: 112 MOTION to Certify Class Plaintiffs' Notice of Motion for Class Certification. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B)(Giuffra, Robert) (Entered: 09/05/2014)

09/06/2014 117 DECLARATION of Robert J. Giuffra, Jr. in Opposition re: 112 MOTION to Certify Class Plaintiffs' Notice of Motion for Class Certification.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhiibt 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24)(Giuffra, Robert) (Entered: 09/06/2014)

09/19/2014 118 LETTER addressed to Judge Valerie E. Caproni from U. SETH OTTENSOSER dated 9/19/14 re: REDACTED FILINGS. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 09/19/2014)

09/19/2014 119 REPLY MEMORANDUM OF LAW in Support re: 100 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/19/2014)

09/19/2014 120 DECLARATION in Support re: 100 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Bigin, Michael) (Entered: 09/19/2014)

09/19/2014 121 CERTIFICATE OF SERVICE of DECLARATION on 9/19/14. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/19/2014)

09/23/2014 122 MEMO ENDORSEMENT on re: 118 Letter filed by CITY OF AUSTIN POLICE RETIREMENT. ENDORSEMENT: Application GRANTED. By September 30, 2014, the parties shall submit a joint letter indicating what, if any, redactions are requested. If no redactions are requested, then Lead Plaintiff shall file unredacted versions of its Reply brief and supporting materials. If redactions are requested, the parties shall provide the Court with highlighted versions of the relevant materials in accordance with Rule 4 of the Court's Individual Practices. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/23/2014) (mro) (Entered: 09/23/2014)

09/29/2014 123 JOINT LETTER addressed to Judge Valerie E. Caproni from Matthew A. Schwartz, Esq. and U. Seth Ottensoser, Esq. dated September 29, 2014 re: This Court's Order of September 23, 2014 (Dkt. No. 122). Document filed by Paul H. Barry, Tye W. Burt, CITY OF AUSTIN POLICE RETIREMENT, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas.(Giuffra, Robert) (Entered: 09/29/2014)

09/29/2014 124 REPLY MEMORANDUM OF LAW in Support re: 100 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Class Certification. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/29/2014)

09/29/2014 125 DECLARATION in Support re: 100 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Bigin, Michael) (Entered: 09/29/2014)

09/29/2014 126 MOTION to Strike Document No. 119 Motion to Strike Portions of Lead Plaintiff's Reply In Support of its Class Certification Motion or Grant Defendants a Sur-Reply. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. Responses due by 10/14/2014(Giuffra, Robert) (Entered: 09/29/2014)

09/29/2014 127 MEMORANDUM OF LAW in Support re: 126 MOTION to Strike Document No. 119 Motion to Strike Portions of Lead Plaintiff's Reply In Support of its Class Certification Motion or Grant Defendants a Sur-Reply. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 09/29/2014)

09/29/2014 128 DECLARATION of Robert J. Giuffra, Jr. in Support re: 126 MOTION to Strike Document No. 119 Motion to Strike Portions of Lead Plaintiff's Reply In Support of its Class Certification Motion or Grant Defendants a Sur-Reply.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Giuffra, Robert) (Entered: 09/29/2014)

09/29/2014 129 LETTER addressed to Judge Valerie E. Caproni from Robert J. Giuffra, Jr. dated September 29, 2014 re: Defendants' [Proposed] Order Granting Defendants' Motion to Strike Portions of Lead Plaintiff's Reply In Support of its Class Certification Motion or Grant Defendants a Sur-Reply. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A)(Giuffra, Robert) (Entered: 09/29/2014)

10/14/2014 130 REPLY MEMORANDUM OF LAW in Opposition re: 126 MOTION to Strike Document No. 119 Motion to Strike Portions of Lead Plaintiff's Reply In Support of its Class Certification Motion or Grant Defendants a Sur-Reply. Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Strike Portions of Lead Plaintiff's Reply in Support of its Class Certification Motion or Grant Defendants a Sur-Reply. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Hasson, Laurence) (Entered: 10/14/2014)

10/21/2014 131 REPLY MEMORANDUM OF LAW in Support re: 126 MOTION to Strike Document No. 119 Motion to Strike Portions of Lead Plaintiff's Reply In Support of its Class Certification Motion or Grant Defendants a Sur-Reply. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 10/21/2014)

12/19/2014 132 MOTION to Preclude The Testimony of Dr. Corby Anderson. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. Return Date set for 1/20/2015 at 11:59 PM.(Giuffra, Robert) (Entered: 12/19/2014)

12/19/2014 133 MEMORANDUM OF LAW in Support re: 132 MOTION to Preclude The Testimony of Dr. Corby Anderson. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Giuffra, Robert) (Entered: 12/19/2014)

12/19/2014 134 DECLARATION of Robert J. Giuffra, Jr. in Support re: 132 MOTION to Preclude The Testimony of Dr. Corby Anderson.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Giuffra, Robert) (Entered: 12/19/2014)

12/19/2014 135 MOTION to Preclude . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Text of Proposed Order)(Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 136 MEMORANDUM OF LAW in Support re: 135 MOTION to Preclude . Opinions and Testimony of Mr. Peter Hickson. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 137 AFFIRMATION of DAVID A. ROSENFELD in Support re: 135 MOTION to Preclude .. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 138 AFFIRMATION of DAVID ROSENFELD in Support re: 135 MOTION to Preclude .. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 139 MOTION to Preclude the Testimony of Zachary Nye. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. Return Date set for 1/20/2015 at 11:59 PM.(Giuffra, Robert) (Entered: 12/19/2014)

12/19/2014 140 MOTION to Preclude OPINIONS AND TESTIMONY OF DONALD D. HAAS, P.E.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 141 MEMORANDUM OF LAW in Support re: 140 MOTION to Preclude OPINIONS AND TESTIMONY OF DONALD D. HAAS, P.E.. . Document filed by CITY OF AUSTIN

POLICE RETIREMENT. (Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 142 DECLARATION of LAURENCE J. HASSON in Support re: 140 MOTION to Preclude OPINIONS AND TESTIMONY OF DONALD D. HAAS, P.E... Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 143 MEMORANDUM OF LAW in Support re: 139 MOTION to Preclude the Testimony of Zachary Nye. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Giuffra, Robert) (Entered: 12/19/2014)

12/19/2014 144 MOTION to Preclude OPINIONS AND TESTIMONY OF DR. PAUL GOMPERS. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 145 MEMORANDUM OF LAW in Support re: 144 MOTION to Preclude OPINIONS AND TESTIMONY OF DR. PAUL GOMPERS. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 12/19/2014)

12/19/2014 146 DECLARATION of Robert J. Giuffra, Jr. in Support re: 139 MOTION to Preclude the Testimony of Zachary Nye.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39)(Giuffra, Robert) (Entered: 12/19/2014)

12/19/2014 147 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #157) DECLARATION of MICHAEL S. BIGIN in Support re: 144 MOTION to Preclude OPINIONS AND TESTIMONY OF DR. PAUL GOMPERS.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Seidman, Joseph) Modified on 12/23/2014 (lb). (Entered: 12/19/2014)

12/19/2014 148 CERTIFICATE OF SERVICE of MOTIONS TO PRECLUDE EXPERT OPINIONS AND TESTIMONY served on DEFENDANTS on 12/19/14. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 12/19/2014)

12/20/2014 149 MOTION for Hearing On Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude Zachary Nye's Testimony. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. Return Date set for 1/20/2015 at 11:59 PM.(Giuffra, Robert) (Entered: 12/20/2014)

12/20/2014 150 MEMORANDUM OF LAW in Support re: 149 MOTION for Hearing On Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude Zachary Nye's Testimony. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 12/20/2014)

12/20/2014 151 DECLARATION of Robert J. Giuffra, Jr. in Support re: 149 MOTION for Hearing On Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude Zachary

Nye's Testimony.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Giuffra, Robert) (Entered: 12/20/2014)

12/20/2014 152 LETTER addressed to Judge Valerie E. Caproni from Robert J. Giuffra, Jr. dated December 19, 2014 re: Proposed Orders Granting Defendants' Motions to Exclude the Testimony of Zachary Nye and Corby Anderson, and for an Evidentiary Hearing on Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude the Testimony of Zachary Nye. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Giuffra, Robert) (Entered: 12/20/2014)

12/20/2014 153 MOTION to Seal Document 134 Declaration in Support of Motion, . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. Return Date set for 1/20/2015 at 11:59 PM.(Giuffra, Robert) (Entered: 12/20/2014)

12/20/2014 154 MEMORANDUM OF LAW in Support re: 153 MOTION to Seal Document 134 Declaration in Support of Motion, . . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A)(Giuffra, Robert) (Entered: 12/20/2014)

12/20/2014 155 DECLARATION of Kathleen M. Grandy in Support re: 153 MOTION to Seal Document 134 Declaration in Support of Motion, .. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit A)(Giuffra, Robert) (Entered: 12/20/2014)

12/20/2014 156 LETTER addressed to Judge Valerie E. Caproni from Robert J. Giuffra, Jr. dated December 19, 2014 re: Proposed Order Granting Defendants' Motion to File An Exhibit To Their December 19, 2014 Motion To Exclude The Testimony of Dr. Corby Anderson in Redacted Form. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A)(Giuffra, Robert) (Entered: 12/20/2014)

12/22/2014 157 DECLARATION of MICHAEL BIGIN in Support re: 144 MOTION to Preclude OPINIONS AND TESTIMONY OF DR. PAUL GOMPERS.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Seidman, Joseph) (Entered: 12/22/2014)

01/05/2015 158 RESPONSE in Opposition to Motion re: 149 MOTION for Hearing On Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude Zachary Nye's Testimony. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 01/05/2015)

01/12/2015 159 REPLY MEMORANDUM OF LAW in Support re: 149 MOTION for Hearing On Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude Zachary Nye's Testimony. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 01/12/2015)

01/12/2015 160 DECLARATION of Robert J. Giuffra in Support re: 149 MOTION for Hearing On Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude Zachary

Nye's Testimony.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Giuffra, Robert) (Entered: 01/12/2015)

01/14/2015 161 JOINT LETTER addressed to Judge Valerie E. Caproni from Robert J. Giuffra, Jr. and Michael S. Bigin dated January 14, 2015 re: Joint Request For an Extension of One Day for the Parties To File Their Oppositions and Replies to the Parties' Motions To Exclude Expert Reports and Testimony. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas.(Giuffra, Robert) (Entered: 01/14/2015)

01/16/2015 162 MEMO ENDORSEMENT on re: 161 Letter, filed by Kenneth G. Thomas, Paul H. Barry, Kinross Gold Corporation, Tye W. Burt, Glen Masterman. ENDORSEMENT: Application GRANTED. The parties' opposition and reply briefs shall be due January 20, 2015 and February 3, 2015, respectively. ( Responses due by 1/20/2015, Replies due by 2/3/2015.) (Signed by Judge Valerie E. Caproni on 1/16/2015) (mro) (Entered: 01/20/2015)

01/20/2015 163 MEMORANDUM OF LAW in Opposition re: 144 MOTION to Preclude OPINIONS AND TESTIMONY OF DR. PAUL GOMPERS. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 01/20/2015)

01/20/2015 164 DECLARATION of Robert J. Giuffra, Jr. in Opposition re: 144 MOTION to Preclude OPINIONS AND TESTIMONY OF DR. PAUL GOMPERS.. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Giuffra, Robert) (Entered: 01/20/2015)

01/20/2015 165 MEMORANDUM OF LAW in Opposition re: 135 MOTION to Preclude . The Expert Testimony of Peter Hickson. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 01/20/2015)

01/20/2015 166 DECLARATION of Robert J. Giuffra, Jr. in Opposition re: 135 MOTION to Preclude .. Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Giuffra, Robert) (Entered: 01/20/2015)

01/20/2015 167 MEMORANDUM OF LAW in Opposition re: 132 MOTION to Preclude The Testimony of Dr. Corby Anderson. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 01/20/2015)

01/20/2015 168 DECLARATION of Laurence J. Hasson in Opposition re: 132 MOTION to Preclude The Testimony of Dr. Corby Anderson.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Seidman, Joseph) (Entered: 01/20/2015)

01/20/2015 169 MEMORANDUM OF LAW in Opposition re: 139 MOTION to Preclude the Testimony of Zachary Nye. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Seidman, Joseph) (Entered: 01/20/2015)

01/20/2015 170 DECLARATION of Michael S. Bigin in Opposition re: 139 MOTION to Preclude the Testimony of Zachary Nye.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit A - part 1 of 2, # 2 Exhibit A - part 2 of 2, # 3

Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Seidman, Joseph) (Entered: 01/20/2015)

01/20/2015 171 MEMORANDUM OF LAW in Opposition re: 140 MOTION to Preclude OPINIONS AND TESTIMONY OF DONALD D. HAAS, P.E.. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Appendix A)(Giuffra, Robert) (Entered: 01/20/2015)

01/20/2015 172 DECLARATION of Robert J. Giuffra, Jr. in Opposition re: 140 MOTION to Preclude OPINIONS AND TESTIMONY OF DONALD D. HAAS, P.E... Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Giuffra, Robert) (Entered: 01/20/2015)

02/03/2015 173 ORDER: WHEREAS, by Order dated April 24, 2014, the parties were directed to appear before the Court for a status conference on February 6, 2015, it is hereby ORDERED that the status conference previously scheduled for February 6, 2015 shall be adjourned to March 6, 2015 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. ( Status Conference set for 3/6/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/3/2015) (mro) (Entered: 02/03/2015)

03/05/2015 174 LETTER addressed to Judge Valerie E. Caproni from Michael S. Bigin dated March 5, 2015 re: Joint Letter Requesting Adjournment of March 6, 2015 Status Conference. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 03/05/2015)

03/05/2015 175 MEMO ENDORSEMENT on re: 174 Joint Letter Requesting Adjournment of March 6, 2015 Status Conference, filed by CITY OF AUSTIN POLICE RETIREMENT. ENDORSEMENT: Application GRANTED. The conference previously scheduled for March 6, 2015 shall be adjourned to March 13, 2015 at 10:00 a.m. (Status Conference set for 3/13/2015 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/5/2015) (spo) (Entered: 03/05/2015)

03/13/2015 176 ORDER: The status conference previously scheduled for March 13, 2015 shall be adjourned to March 27, 2015 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 3/27/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/13/2015) (spo) (Entered: 03/13/2015)

03/26/2015 177 SETTLEMENT AGREEMENT . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Seidman, Joseph) (Entered: 03/26/2015)

03/26/2015 178 MOTION to Approve PRELIMINARILY APPROVE SETTLEMENT . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 03/26/2015)

03/26/2015 179 MEMORANDUM OF LAW in Support re: 178 MOTION to Approve PRELIMINARILY APPROVE SETTLEMENT . . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 03/26/2015)

03/27/2015 180 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 3/27/2015. Parties indicated that they submitted a proposed settlement order to be approve by the Court. (Court Reporter Vincent Bologna) (Brantley, Michael) (Entered: 03/27/2015)

03/27/2015 181 ORDER finding as moot 100 Motion to Certify Class; finding as moot 112 Motion to Certify Class; finding as moot 126 Motion to Strike; finding as moot 132 Motion to Preclude; finding as moot 135 Motion to Preclude; finding as moot 139 Motion to Preclude; finding as moot 140 Motion to Preclude; finding as moot 144 Motion to Preclude; finding as moot 149 Motion for Hearing; finding as moot 153 Motion to Seal Document. ORDERED that the following motions shall be terminated as moot: (1) Plaintiffs' Motion for Class Certification (Dkts. 100, 112); (2) Defendants' Motion to Strike Portions of Lead Plaintiff's Reply In Support of Its Class Certification Motion (Dkt. 126); (3) Defendants' Motion to Exclude the Testimony of Dr. Corby Anderson (Dkt. 132); (4) Lead Plaintiff's Motion to Exclude Expert Opinions and Testimony of Mr. Peter Hickson (Dkt. 135); Defendants' Motion to Exclude the Testimony of Zachary Nye (Dkt. 139); Lead Plaintiff's Motion to Exclude Expert Opinions and Testimony of Mr. Donald D. Haas, P.E. (Dkt. 140); Lead Plaintiff's Motion to Exclude Expert Opinions and Testimony of Dr. Paul Gompers (Dkt. 144); Defendants' Motion for an Evidentiary Hearing on Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude Zachary Nye's Testimony (Dkt. 149); and Defendants' Motion to File An Exhibit to Their December 19, 2014 Motion to Exclude the Testimony of Dr. Corby Anderson in Redacted Form (Dkt. 153) (the "Pending Motions"). In the event that the parties' proposed Settlement is ultimately not approved, the Pending Motions will be reinstated by the Court upon the filing party's request. (Signed by Judge Valerie E. Caproni on 3/27/2015) (spo) (Entered: 03/27/2015)

05/13/2015 182 ORDER: By May 20, 2015, the parties shall submit a joint letter to the Court providing an explanation as to how Garden City Group, LLC was selected as the Claims Administrator in connection with the parties Stipulation of Settlement and its fee structure. (Signed by Judge Valerie E. Caproni on 5/13/2015) (spo) (Entered: 05/13/2015)

05/20/2015 183 JOINT LETTER addressed to Judge Valerie E. Caproni from Stanley D. Bernstein and Matthew A. Schwartz dated May 20, 2015 re: response to Court's May 13, 2015 Order (Doc. 182) requiring joint explanation. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 05/20/2015)

05/20/2015 184 LETTER addressed to Judge Valerie E. Caproni from Stanley D. Bernstein dated May 20, 2015 re: revised Notice and Publication Notice for the Court's consideration. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bigin, Michael) (Entered: 05/20/2015)

05/26/2015 185 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE granting 178 Motion to Approve Settlement. 1. The Court has reviewed the Stipulation and does hereby preliminarily approve the Settlement set forth therein, subject to further consideration at the Settlement Hearing described below. 2. The Court finds that: (a) the Settlement Agreement resulted from arm's- length negotiations; and (b) the Settlement Agreement is sufficiently fair, reasonable and adequate as to the Class Members to warrant providing notice of the Settlement to Class Members and holding a Settlement Hearing. 3. A hearing (the "Settlement Hearing") shall be held before this Court on Friday, October 16, 2015, at 2:00 p.m., in Courtroom 443 of the Thurgood

Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, to determine whether the proposed Settlement of the Action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate to the Class and should be approved by the Court; to determine whether an Order and Final Judgment as provided in 21 of the Settlement Agreement should be entered; to determine whether the proposed Plan of Allocation should be approved; to determine any amount of fees, costs, and expenses that should be awarded to Lead Counsel; to hear any objections by Class Members to the Settlement Agreement or Plan of Allocation or any award of fees, costs, and expenses to Lead Counsel; and to consider such other matters as the Court may deem appropriate. The Court may adjourn the Settlement Hearing without further notice to Members of the Class. (Signed by Judge Valerie E. Caproni on 5/26/2015) (spo) Modified on 5/26/2015 (spo). (Entered: 05/26/2015)

05/26/2015 Set/Reset Hearings: Settlement Conference set for 10/16/2015 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (spo) (Entered: 05/26/2015)

05/27/2015 186 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: 1. The Court has reviewed the Stipulation and does hereby preliminarily approve the Settlement set forth therein, subject to further consideration at the Settlement Hearing described below. 2. The Court finds that: (a) the Settlement Agreement resulted from arm's- length negotiations; and (b) the Settlement Agreement is sufficiently fair, reasonable and adequate as to the Class Members to warrant providing notice of the Settlement to Class Members and holding a Settlement Hearing. 3. A hearing (the "Settlement Hearing") shall be held before this Court on Thursday, October 15, 2015, at 2:00 p.m., in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, to determine whether the proposed Settlement of the Action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate to the Class and should be approved by the Court; to determine whether an Order and Final Judgment as provided in 21 of the Settlement Agreement should be entered; to determine whether the proposed Plan of Allocation should be approved; to determine any amount of fees, costs, and expenses that should be awarded to Lead Counsel; to hear any objections by Class Members to the Settlement Agreement or Plan of Allocation or any award of fees, costs, and expenses to Lead Counsel; and to consider such other matters as the Court may deem appropriate. The Court may adjourn the Settlement Hearing without further notice to Members of the Class. (Settlement Conference set for 10/15/2015 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/27/2015) (spo) (Main Document 186 replaced on 6/1/2015) (spo). (Entered: 05/27/2015)

09/24/2015 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 188 MEMORANDUM OF LAW in Support re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes. Lead Plaintiff's Memorandum in Support of Motion for Final Approval of the Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 190 MEMORANDUM OF LAW in Support re: 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs. Lead Plaintiff's Memorandum in Support of Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 191 DECLARATION of U. Seth Ottensoser in Support re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes., 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 192 AFFIDAVIT of U. Seth Ottensoser in Support re: 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 193 DECLARATION of David A. Rosenfeld in Support re: 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 194 DECLARATION of Daryl F. Scott in Support re: 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 195 DECLARATION of Robert D. Klausner in Support re: 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 196 DECLARATION of Michael G. Robb in Support re: 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 197 DECLARATION of Sampson Jordan in Support re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes., 189 MOTION for Attorney Fees Motion

for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 198 DECLARATION of Thomas Mittelbrun III in Support re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes., 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 199 DECLARATION of Ronald Preston in Support re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes., 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 200 AFFIDAVIT of Jose C. Fraga in Support re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes., 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D - Part 1 of 2, # 5 Exhibit D - Part 2 of 2, # 6 Exhibit E)(Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 201 LETTER addressed to Judge Valerie E. Caproni from Laurence J. Hasson dated September 24, 2015 re: [Proposed] Order and Final Judgment. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 09/24/2015)

09/24/2015 202 CERTIFICATE OF SERVICE on September 24, 2015. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 09/24/2015)

09/30/2015 203 RESPONSE to Motion re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes. . Document filed by Paul H. Barry, Tye W. Burt, Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas. (Giuffra, Robert) (Entered: 09/30/2015)

10/08/2015 204 AFFIDAVIT of Jose C. Fraga in Support re: 187 MOTION for Settlement Motion for Final Approval of Proposed Settlement, Plan of Allocation, and Final Certification of Class for Settlement Purposes., 189 MOTION for Attorney Fees Motion for an Award of Attorneys' Fees and Expenses and Reimbursement of Expenses to Lead Plaintiff City of Austin Police Retirement System and Additional Named Plaintiffs.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bigin, Michael) (Entered: 10/08/2015)

10/08/2015 205 LETTER addressed to Judge Valerie E. Caproni from Michael S. Bigin dated October 8, 2015 re: [Proposed] Order and Final Judgment. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 10/08/2015)

10/15/2015 Minute Entry for proceedings held before Judge Valerie E. Caproni: Settlement

Conference held on 10/15/2015. Court will approve the proposed order submitted by the parties (see order) (Court Reporter Steven Grffin) (Brantley, Michael) (Entered: 10/15/2015)

10/15/2015 206 ORDER AND FINAL JUDGMENT in favor of CITY OF AUSTIN POLICE RETIREMENT, City of Bridgeport Pension Plans A Investment Trust, IBEW Local Union No. 58 Pension Trust Fund, Annuity Fund and Sound & Communication Division Retirement Plan, Bo Young Cha, Vincent and Lenita Cipponeri against Kinross Gold Corporation, Glen Masterman, Kenneth G. Thomas, Paul H. Barry, Tye W. Burt in the amount of $823,067.03. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: This Order and Final Judgment incorporates by reference the definitions of terms defined in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation and its exhibits. Lead Counsel are hereby awarded 30% of the Gross Settlement Fund in attorneys' fees, which sum the Court finds to be fair and reasonable, and, for the reasons stated on the record at the fairness hearing on October 15, 2015, $823,067.03 in reimbursement of expenses, which, together with the attorneys' fees, shall be paid to Lead Counsel from the Gross Settlement. Fund. (As further set forth in this Order.) The Settlement has created a fund of $33,000,000 million in cash that is already on deposit, and numerous Class Members who submit, or have submitted, acceptable Claim Forms will benefit from the Settlement created by Lead Counsel. Lead Counsel have devoted over 17,000 hours, with a lodestar value of $10,600,950, to achieve the Settlement; and The amount of attorneys' fees awarded and expenses reimbursed from the Settlement Fund is fair, reasonable and consistent with fee and expense awards in similar cases. Pursuant to 15 U.S.C. § 78u-4(a)(4), the Court hereby awards reimbursement of expenses to the Lead Plaintiff and additional named plaintiffs in the amount of $16,800.11 to compensate them for their reasonable costs and expenses directly relating to their representation of the Class. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 10/15/2015) (spo) (Main Document 206 replaced on 10/20/2015) (spo). (Entered: 10/16/2015)

10/15/2015 Terminate Transcript Deadlines. (spo) (Entered: 10/20/2015)

11/16/2015 207 TRANSCRIPT of Proceedings re: CONFERNCE held on 10/15/2015 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. 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 12/10/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/17/2016.(McGuirk, Kelly) (Entered: 11/16/2015)

11/16/2015 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/15/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/16/2015)

08/17/2016 209 MOTION for Settlement Unopposed Motion for an Order Distributing the Net Settlement Fund. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 08/17/2016)

08/17/2016 210 MEMORANDUM OF LAW in Support re: 209 MOTION for Settlement Unopposed

Motion for an Order Distributing the Net Settlement Fund. . Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 08/17/2016)

08/17/2016 211 AFFIDAVIT of Stephen J. Cirami in Support re: 209 MOTION for Settlement Unopposed Motion for an Order Distributing the Net Settlement Fund.. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bigin, Michael) (Entered: 08/17/2016)

08/17/2016 212 LETTER addressed to Judge Valerie E. Caproni from Michael S. Bigin dated August 17, 2016 re: proposed order granting Lead Plaintiff's Unopposed Motion for an Order Distributing the Net Settlement Fund. Document filed by CITY OF AUSTIN POLICE RETIREMENT.(Bigin, Michael) (Entered: 08/17/2016)

08/17/2016 213 CERTIFICATE OF SERVICE on August 17, 2016. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Bigin, Michael) (Entered: 08/17/2016)

08/26/2016 214 ORDER: IT IS HEREBY ORDERED that, by no later than August 31, 2016, the parties are directed to submit a joint letter to the Court (1) describing the basis for the Court's authority to release and discharge from liability all Claims Administration Personnel for their work in connection with the Claims Administration process and (2) explaining (and documenting, as necessary) what Notice and Administration Costs are expected to be paid to the Claims Administrator and the basis for those costs in light of the apparently conflicting information contained in the Cirami Affidavit and Exhibit D thereto. (Signed by Judge Valerie E. Caproni on 8/26/2016) (kko) Modified on 8/29/2016 (kko). (Entered: 08/26/2016)

08/31/2016 215 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 216 Letter) - LETTER addressed to Judge Valerie E. Caproni from Michael S. Bigin dated August 31, 2016 re: In response to Dkt. No. 214, Order dated August 26, 2016. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit Supplemental Affidavit of Stephen J. Cirami Regarding GCG's Fees and Expenses (with exhibits))(Bigin, Michael) Modified on 9/1/2016 (db). (Entered: 08/31/2016)

08/31/2016 216 LETTER addressed to Judge Valerie E. Caproni from Michael S. Bigin dated August 31, 2016 re: In Response to Dkt. No. 214, Order dated August 26, 2016. Document filed by CITY OF AUSTIN POLICE RETIREMENT. (Attachments: # 1 Exhibit Supplemental Affidavit of Stephen J. Cirami Regarding GCG's Fees and Expenses with Exhibits A and B)(Bigin, Michael) (Entered: 08/31/2016)

10/05/2016 217 ORDER DISTRIBUTING THE NET SETTLEMENT FUND granting 209 Motion for Settlement. It is hereby ORDERED, as follows: 1. The administrative determinations of the Claims Administrator in accepting the claims as indicated on the computer printouts of accepted claims submitted with and described in the Cirami Affidavit at Exhibits B-1 and B-2, thereto, which includes claims submitted after the September 17, 2015 deadline for filing claims, are approved, and said claims are hereby accepted for payment from the Net Settlement Fund. 2. The administrative determinations of the Claims Administrator in rejecting the claims as indicated on the computer printout of rejected claims submitted with and described in the Cirami Affidavit at Exhibit B-3 thereto, are approved, and said claims are hereby rejected, disallowed, and shall not be paid. 3. For the reasons given in the Cirami Affidavit and in Lead Plaintiff's Memorandum in Support of Unopposed Motion for an Order Authorizing Disbursement of the Net Settlement Fund, the Disputed Claim is properly rejected. 4. Submission of any claim after July 29, 2016 for participation in the Settlement is forever barred. 5. All persons involved in the review,

verification, calculation, tabulation, or any other aspect of the processing of the claims submitted herein, or otherwise involved in the administration or taxation of the Gross Settlement Fund and/or the Net Settlement Fund are released and discharged from any and all claims arising out of such involvement, and all Class Members, whether or not they are to receive payment from the Net Settlement Fund, are barred from making any further claim against the Net Settlement Fund or the released persons beyond the amount allocated to them pursuant to this Order. 6. Lead Counsel and the Claims Administrator are directed to arrange for payment of the Net Settlement Fund to all Authorized Claimants in accordance with the Stipulation and the Plan of Allocation, as soon as practicable. 7. The payments to be distributed to the Authorized Claimants identified in the Cirami Affidavit at Exhibits B-1 and B-2 shall bear the notation: "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT CASHED WITHIN SIX MONTHS AFTER ISSUE DATE." 8. The Claims Administrator is hereby authorized to discard paper or hard copies of the Claim Forms and supporting documents not less than one year after the initial distribution of the Net Settlement Fund to the Authorized Claimants, and electronic or magnetic media data not less than three years after the initial distribution of the Net Settlement Fund to the Authorized Claimants. (Signed by Judge Valerie E. Caproni on 10/5/2016) (mro) (Entered: 10/05/2016)

10/05/2016 Terminate Transcript Deadlines (mro) (Entered: 10/05/2016)

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