u.s. district court southern district of new york...

US District Court Civil Docket as of March 22, 2013 Retrieved from the court on April 6, 2013

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

CIVIL DOCKET FOR CASE #: 1:12-cv-09350-VM

Kaplan v. S.A.C. Capital Advisors, L.P. Date Filed: 12/21/2012 Assigned to: Judge Victor Marrero Jury Demand: Plaintiff Related Cases: 1:12-cv-08466-VM Nature of Suit: 850

1:13-cv-00149-VM Securities/Commodities

Cause: 15:78m(a) Securities Exchange Act Jurisdiction: Federal Question

Plaintiff

David E. Kaplan represented by Emma Gilmore Pomerantz Grossman Hufford Dahlstrom & Gross LLP 600 Third Ave, 20th Floor New York, NY 10016 (212) 661-1100 Fax: (212) 661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Ethan David Wohl Wohl & Fruchter LLP 570 Lexington Avenue, 16th Floor New York, NY 10022 (212) 758-4000 Fax: (212) 758-4004 Email: [email protected] ATTORNEY TO BE NOTICED

Jason Samuel Cowart Pomerantz Haudek Block Grossman & Gross LLP 100 Park Avenue, 26th Floor New York, NY 10017 (212)-661-1100 Fax: (212)-661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Krista Thomas Rosen Wohl & Fructher LLP 570 Lexington Ave 16th Floor

New York, NY 10022 (212)-758-4000 Fax: (212)-758-4004 Email: [email protected] ATTORNEY TO BE NOTICED

Marc Ian Gross Pomerantz Haudek Block Grossman & Gross LLP 100 Park Avenue, 26th Floor New York, NY 10017 (212)661-1100 Fax: (212) 661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Roxy D. Sullivan represented by Emma Gilmore (See above for address) ATTORNEY TO BE NOTICED

Ethan David Wohl (See above for address) ATTORNEY TO BE NOTICED

Jason Samuel Cowart (See above for address) ATTORNEY TO BE NOTICED

Krista Thomas Rosen (See above for address) ATTORNEY TO BE NOTICED

Marc Ian Gross (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Lindsey Rankin represented by Emma Gilmore (See above for address) ATTORNEY TO BE NOTICED





Plaintiff

Michael S. Allen represented by Emma Gilmore (See above for address) ATTORNEY TO BE NOTICED





Plaintiff

Gary W. Muensterman represented by Emma Gilmore (See above for address) ATTORNEY TO BE NOTICED





Plaintiff

Chi-Pin Hsu represented by Emma Gilmore Individually and on behalf of all others

(See above for address)

similarly situated

ATTORNEY TO BE NOTICED





V.

Defendant

S.A.C. Capital Advisors, L.P. represented by Audra Jan Soloway Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 212-373-3289 Fax: 212-492-0289 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Jonathan Kramer Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212)-373-3020 Fax: (212)-492-0020 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin B Klotz Willkie Farr & Gallagher LLP (NY) 787 Seventh Avenue

New York, NY 10019 (212) 728-8000 Fax: (212) 728-8111 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael E. Gertzman Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 212.373.3281 Fax: 212.373.2274 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Steven Schachter Willkie Farr & Gallagher LLP (NY) 787 Seventh Avenue New York, NY 10019 (212)-728-8102 Fax: (212)-728-9102 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sameer Nitanand Advani Willkie Farr & Gallagher LLP (NY) 787 Seventh Avenue New York, NY 10019 (212) 728-8000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Hillel Hurwitz Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019 212-373-3254 Fax: 212-492-0254 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

S.A.C. Capital Advisors, Inc. represented by Audra Jan Soloway (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Jonathan Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin B Klotz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael E. Gertzman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Steven Schachter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sameer Nitanand Advani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Hillel Hurwitz (See above for address) ATTORNEY TO BE NOTICED

Defendant

CR Intrinsic Investors, LLC represented by Audra Jan Soloway (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Michael E. Gertzman (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED



Jonathan Hillel Hurwitz (See above for address) ATTORNEY TO BE NOTICED

Defendant

Steven A. Cohen represented by Audra Jan Soloway (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Michael E. Gertzman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Jonathan Hillel Hurwitz (See above for address)


Defendant

Mathew Martoma represented by Charles A. Stillman Stillman, Friedman & Shechtman, P.C. 425 Park Avenue New York, NY 10022 212 223 0200 Fax: 212 223 1942 Email: [email protected] ATTORNEY TO BE NOTICED

Nathaniel Z Marmur Stillman, Friedman & Shechtman, P.C. 425 Park Avenue New York, NY 10022 212-223-0200 Fax: 212-223-1942 Email: [email protected] ATTORNEY TO BE NOTICED

Scott M. Himes Stillman, Friedman & Shechtman, P.C. 425 Park Avenue New York, NY 10022 212 223 0200 Fax: 212 223 1942 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Sidney Gilman represented by David Ross Kolker Bracewell & Giuliani LLP 1251 Avenue of The Americas New York, NY 10020 (212) 508-6147 Fax: (212) 938-3806 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurence Allen Silverman Bracewell & Giuliani, LLP 1251 Avenue of the Americas 49th Floor New York, NY 10020 (212) 508-6100 Fax: (212) 508-6101 Email: [email protected] LEAD ATTORNEY

01/04/2013

01/04/2013

01/08/2013


Date Filed # Docket Text

12/21/2012 1 COMPLAINT against CR Intrinsic Investors, LLC, Steven A. Cohen, Sidney Gilman, Mathew Martoma, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Filing Fee $ 350.00, Receipt Number 465401056174)Document filed by Lindsey Rankin, David E. Kaplan, Roxy D. Sullivan, Michael S. Allen, Chi-Pin Hsu, Gary W. Muensterman.(jd) (mqu). (Entered: 01/02/2013)

12/21/2012 SUMMONS ISSUED as to CR Intrinsic Investors, LLC, Steven A. Cohen, Sidney Gilman, Mathew Martoma, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (jd) (Entered: 01/02/2013)

12/21/2012 CASE REFERRED TO Judge Victor Marrero as possibly related to 1:12-cv-8466. (jd) (Entered: 01/02/2013)

12/21/2012 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) (jd) (Entered: 01/02/2013)

01/02/2013 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Ethan D. Wohl for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, to:

- [email protected] . (jd) (Entered: 01/02/2013) -

01/04/2013 CASE ACCEPTED AS RELATED. Create association to 1:12-cv-08466-VM. Notice of Assignment to follow. (pgu) (Entered: 01/04/2013)

i 3 NOTICE OF CASE ASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 01/04/2013)

Magistrate Judge Kevin Nathaniel Fox is so designated. (pgu) (Entered: 01/04/2013)

4 ENDORSED LETTER addressed to Judge Victor Marrero from Ethan D. Wohl dated 1/8/13 re: Counsel for the plaintiffs in the Kaplan Action writes to request leave to appear and be heard at the initial case management conference scheduled for this Friday, January 11, 2012, at 3:30 p.m in the SEC action. ENDORSEMENT: Request granted. Plaintiffs in the Kaplan action are authorized to appear at the conference on 1- 11-13 in the SEC action. At that time defendants may address any comments to the matters set forth by plaintiffs above. (Signed by Judge Victor Marrero on 1/8/2013)

(mro) (Entered: 01/08/2013)

01/08/2013 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Steven A. Cohen served on 1/5/2013, answer due 1/28/2013. Service was accepted by Steven A. Cohen. Document filed by Lindsey Rankin; David E. Kaplan; Roxy D. Sullivan; Michael S. Allen ; Chi-Pin Hsu; Gary W. Muensterman. (Wohl, Ethan) (Entered: 01/08/2013)

01/08/2013 6 AFFIDAVIT OF SERVICE. CR Intrinsic Investors, LLC served on 1/5/2013, answer due 1/28/2013. Service was accepted by Steven A. Cohen. Document filed by Lindsey Rankin; David E. Kaplan; Roxy D. Sullivan; Michael S. Allen ; Chi-Pin Hsu; Gary W. Muensterman. (Wohl, Ethan) (Entered: 01/08/2013)

01/08/2013 7 AFFIDAVIT OF SERVICE. S.A.C. Capital Advisors, L.P. served on 1/5/2013, answer due 1/28/2013. Service was accepted by Steven A. Cohen. Document filed by Lindsey Rankin; David E. Kaplan; Roxy D. Sullivan; Michael S. Allen ; Chi-Pin Hsu; Gary W. Muensterman. (Wohl, Ethan) (Entered: 01/08/2013)

01/08/2013 8 AFFIDAVIT OF SERVICE. S.A.C. Capital Advisors, Inc. served on 1/5/2013, answer due 1/28/2013. Service was accepted by Steven A. Cohen. Document filed by Lindsey Rankin; David E. Kaplan; Roxy D. Sullivan; Michael S. Allen ; Chi-Pin Hsu; Gary W. Muensterman. (Wohl, Ethan) (Entered: 01/08/2013)

01/16/2013 9 WAIVER OF SERVICE RETURNED EXECUTED. Sidney Gilman waiver sent on I I 1/14/2013, answer due 3/15/2013. Document filed by Lindsey Rankin; David E.

Kaplan; Roxy D. Sullivan; Michael S. Allen ; Chi-Pin Hsu; Gary W. Muensterman. (Wohl, Ethan) (Entered: 01/16/2013)

02/06/2013 10 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for the parties to this action, as follows: Undersigned counsel for defendants are authorized to accept, and hereby do accept, service of the summons and complaint in the above-captioned action on behalf of defendants, without prejudice and without waiver or any of defendants' defenses, objections or arguments in this matter or any other matter, except the defenses of insufficient process, Fed. R. Civ. P. 12(b)(4), and insufficient service of process, Fed. R. Civ. P. 12(b)(5). Defendants shall not be required to answer or otherwise respond to, and are hereby expressly relieved from answering or otherwise responding to, the now-operative complaint in the above-captioned action. Within 10 days after the entry of an order appointing, pursuant to the PSLRA, lead plaintiff(s) and lead counsel in the above-captioned action (or a consolidated action encompassing the above-captioned action), defendants and lead plaintiff(s) shall confer and propose to the Court dates by which, (1) lead plaintiff(s) shall serve and file a consolidated class action complaint, which shall serve as the operative complaint in the action and shall supersede any complaints in other constituent actions filed in and/or transferred to this Court; (2) each defendant (or group of defendants represented by the same counsel) shall answer or otherwise respond to the operative complaint; (3) the parties will exchange any pre-motion letters required by the Court's Individual Practices, as applicable, should any defendants determine to move to dismiss; (4) lead plaintiff(s) will serve and file an amended complaint, as applicable, following receipt of such pre-motion letters (if any); and (5) the parties will complete the briefing of any motions to dismiss. In agreeing to meet and confer regarding the schedule described, above, the parties take no positions concerning the merits of any requests to amend the complaint or the arguments advanced in any motions to dismiss or pre-motion letters. (Signed by Judge Victor

Marrero on 2/6/2013) (mro) Modified on 2/7/2013 (mro). (Entered: 02/06/2013)

02/06/2013 11 ORDER: It is hereby ORDERED that the Clerk of Court is directed to consolidate these actions for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower numbered case, 12 Civ. 9350; and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 13 Civ. 0149, as a separate action and remove it from the Court's docket. (Signed by Judge Victor Marrero on 2/6/2013) (mro) (Entered: 02/06/2013)

02/13/2013 12 ENDORSED LETTER addressed to Judge Victor Marrero, from Ethan D. Wohl, dated 2/12/2013, re: We represent the following stated Plaintiffs that are set forth herein. Certain of our clients anticipate moving for appointment as Lead Plaintiff on or before February 19, 2013, and we request that they be excused from complying with the pre-motion conference requirement set forth in Paragraph II.A of Your Honor's Individual Practices in connection therewith. The statutory notice in this case was published on December 21, 2012; accordingly, Lead Plaintiff motions are due no later than Tuesday, February 19, 2013. ENDORSEMENT: Request GRANTED. Plaintiffs are authorized to file motions for appointment of Lead Plaintiff in this action without the requirement of a pre-motion conference. ( Motions due by 2/19/2013.) (Signed by Judge Victor Marrero on 2/13/2013) (ja) (Entered: 02/13/2013)

02/19/2013 13 NOTICE OF APPEARANCE by Jason Samuel Cowart on behalf of Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Gary W. Muensterman, Lindsey Rankin, Roxy D. Sullivan (Cowart, Jason) (Entered: 02/19/2013)

02/19/2013 14 NOTICE OF APPEARANCE by Marc Ian Gross on behalf of Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Gary W. Muensterman, Lindsey Rankin, Roxy D. Sullivan (Gross, Marc) (Entered: 02/19/2013)

02/19/2013 15 MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Lindsey Rankin, Roxy D. Sullivan.(Wohl, Ethan) (Entered: 02/19/2013) -

02/19/2013 16 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s).. Document filed by Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Lindsey Rankin, Roxy D. Sullivan. (Wohl, Ethan) (Entered: 02/19/2013) -

02/19/2013 17 DECLARATION of Ethan D. Wohl in Support re: 15 MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s).. Document filed by Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Lindsey Rankin, Roxy D. Sullivan. (Attachments: # 1 Exhibit A-I)(Wohl, Ethan) (Entered: 02/19/2013)

02/19/2013 18 DECLARATION of David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu in Support re: 15 MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead

plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s).. Document filed by Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Lindsey Rankin, Roxy D. Sullivan. (Wohl, Ethan) (Entered: 02/19/2013)

02/20/2013 19 NOTICE OF APPEARANCE by Emma Gilmore on behalf of Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Gary W. Muensterman, Lindsey Rankin, Roxy D. Sullivan (Gilmore, Emma) (Entered: 02/20/2013)

02/22/2013 20 RESPONSE to Motion re: 15 MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint David E. Kaplan, Roxy D. Sullivan, Lindsey Rankin, Michael S. Allen and Chi-Pin Hsu to serve as lead plaintiff(s).. Document filed by CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P.. (Kramer, Daniel) (Entered: 02/22/2013)

02/22/2013 21 DECLARATION of Audra J. Soloway in Support re: 20 Response to Motion,. Document filed by CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Kramer, Daniel) (Entered: 02/22/2013)

02/22/2013 22 DECLARATION of John Fernandez re: 20 Response to Motion,. Document filed by CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P.. (Kramer, Daniel) (Entered: 02/22/2013)

02/25/2013 23 ENDORSED LETTER addressed to Judge Victor Marrero from Daniel J. Kramer dated 2/22/2013 re: SAC Defendants' Submission Concerning Motion for Appointment of Lead Counsel. ENDORSEMENT: Attorneys Wohl & Fruchter, as counsel to plaintiff in this action, is directed to respond by 2-26-13, by letter not to exceed three (3) pages, to the matter set forth above by defendants, showing cause why the alleged defective service was not withdrawn, and why this Court should not consider this matter in its approval of Lead Counsel. (Signed by Judge Victor Marrero on 2/25/2013) (cd) (Entered: 02/25/2013)

03/11/2013 24 ENDORSED LETTER addressed to Judge Victor Marrero from Ethan D. Wohl dated 3/08/2013 re: We accordingly write to report on recent scheduling developments in the criminal action. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff listed above. SO ORDERED. (Signed by Judge Victor Marrero on 3/11/2013) (ama) (Entered: 03/11/2013)

03/11/2013 25 ENDORSED LETTER addressed to Judge Victor Marrero from Ethan D. Wohl dated 2/26/2013 re: We submit that our firm's conduct at all stages of this dispute reflects the due care that the Court should expect of Class counsel. For the reasons set forth in Movants' previous Lead Plaintiff submissions, we submit that we, together with the Pomerantz firm, should be appointed as Co-Lead Counsel in this action. ENDORSEMENT: The Clerk of court is directed to enter into the public record of this action the letter above submitted to the court by Plaintiffs. SO ORDERED. (Signed by Judge Victor Marrero on 3/11/2013) (ama) (Entered: 03/11/2013)

03/13/2013 26 ENDORSED LETTER: addressed to Judge Victor Marrero from Daniel J. Kramer

dated 3/12/2013 re: Counsel writes after speaking with Your Honor's Judicial clerk yesterday, counsel advised the parties of the Court's request for a telephone conference and determined that all parties are available Thursday, March 14, 2013, from 9:00 a.m. to 12:00 p.m.. If the Court desires, we can use the following dial in number Toll free-888-258-3504. Direct Dial Number-678-809-2343. Conference ID: 212-373-3561. ENDORSEMENT: Request GRANTED. The status conference herein is scheduled for 3/14/2013 at 9:30 a.m. So Ordered., ( Status Conference set for 3/14/2013 at 09:30 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 3/13/2013) (js) (Entered: 03/13/2013)

03/13/2013 27 ENDORSED LETTER: addressed to Judge Victor Marrero from Daniel J. Kramer dated 3/13/2013 re: Counsel for defendants write to respond to Ethan Whol's letter of February 26, 2013, which purported to explain why Wohl & Fruchter LLP which has moved for appointment as co-lead counsel to the putative class in this action has not withdrawn the false affidavits of service it filed with the Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 3/13/2013) (js) (Entered: 03/13/2013)

03/14/2013 28 INOTICE of Withdrawal of Service Affidavits re: 7 Affidavit of Service Complaints, 6 Affidavit of Service Complaints, 8 Affidavit of Service Complaints, 5 Affidavit of Service Complaints,. Document filed by Michael S. Allen, Chi-Pin Hsu, David E. Kaplan, Gary W. Muensterman, Lindsey Rankin, Roxy D. Sullivan. (Wohl, Ethan) (Entered: 03/14/2013)

03/14/2013 Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 3/14/2013. Plaintiffs counsel Wohl & Fruchter agrees to withdraw affidavits filed in conjunction with service ofsummons and complaint upon defendants (js) (Entered: 03/22/2013)

03/15/2013 29 ENDORSED LETTER addressed to Judge Victor Marrero from Daniel J. Kramer dated 3/15/2013 re: Your Honor asked the parties to inform the Court concerning relevant developments in United States v. Martoma, No. 12 Cr. 973 (pGG), that may bear on this case. ENDORSEMENT: Plaintiff is directed to respond by 3-20-13, by letter not to exceed three (3) pages, to the matter set forth above by defendants. (Signed by Judge Victor Marrero on 3/15/2013) (mt) (Entered: 03/15/2013)

03/18/2013 30 NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Kramer, Daniel) (Entered: 03/18/2013)

03/18/2013 31 NOTICE OF APPEARANCE by Michael E. Gertzman on behalf of CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Gertzman, Michael) (Entered: 03/18/2013)

03/18/2013 32 NOTICE OF APPEARANCE by Audra Jan Soloway on behalf of CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Soloway, Audra) (Entered: 03/18/2013)

03/18/2013 33 1NOTICE OF APPEARANCE by Jonathan Hillel Hurwitz on behalf of CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Hurwitz, Jonathan) (Entered: 03/18/2013)

03/18/2013 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by S.A.C. Capital Advisors, L.P..(Kramer, Daniel) (Entered: 03/18/2013)

03/18/2013 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate I S.A.C. Capital Advisors, L.P. for CR Intrinsic Investors, LLC. Document filed by CR Intrinsic Investors, LLC.(Kramer, Daniel) (Entered: 03/18/2013)

03/18/2013 36 i RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by S.A.C. Capital Advisors, Inc..(Kramer, Daniel) (Entered: 03/18/2013)

03/18/2013 37 NOTICE OF APPEARANCE by Martin B Klotz on behalf of CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Klotz, Martin) (Entered: 03/18/2013)

03/18/2013 38 NOTICE OF APPEARANCE by Michael Steven Schachter on behalf of CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Schachter, Michael) (Entered: 03/18/2013)

03/18/2013 39 NOTICE OF APPEARANCE by Sameer Nitanand Advani on behalf of CR Intrinsic Investors, LLC, Steven A. Cohen, S.A.C. Capital Advisors, Inc., S.A.C. Capital Advisors, L.P. (Advani, Sameer) (Entered: 03/18/2013)

03/19/2013 40 NOTICE OF APPEARANCE by Charles A. Stillman on behalf of Mathew Martoma (Stillman, Charles) (Entered: 03/19/2013)

03/19/2013 41 NOTICE OF APPEARANCE by Nathaniel Z Marmur on behalf of Mathew Martoma (Marmur, Nathaniel) (Entered: 03/19/2013)

03/19/2013 42 NOTICE OF APPEARANCE by Scott M. limes on behalf of Mathew Martoma (limes, Scott) (Entered: 03/19/2013)

03/22/2013 43 NOTICE OF APPEARANCE by Laurence Allen Silverman on behalf of Sidney Gilman (Silverman, Laurence) (Entered: 03/22/2013)

03/22/2013 44 NOTICE OF APPEARANCE by David Ross Kolker on behalf of Sidney Gilman I (Kolker, David) (Entered: 03/22/2013)

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