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Robert W. Killorin (admitted pro hac vice) James M. Wilson Jr. (admitted pro hac vice) Ze'eva K. Banks (admitted pro hac vice) CHIT WOOD HARLEY HARNES LLP 2300 Promenade II 1230 Peachtree Street, N.E. Atlanta, Georgia 30309 Tel: (404) 873-3900 Fax: (404) 876-4476 RKillorin@chitwoodlaw.com JWilson@chitwoodlaw.com ZBanks@chitwoodlaw.com

John F. Harnes(admitted pro hac vice) 1350 Broadway, Suite 908 New York, New York 10018 Tel: (917) 595-4600

Richard M. Heimann JHarnes@chitwoodlaw.com

(State Bar No. 63 607) Joy A. Kruse

James J. Sabella (admitted pro hac vice)

(State Bar No. 142799) Shehzad F. Roopani (to be admitted pro hac vice)

LIEFF CABRASER HEIMANN &

GRANT & EISENHOFER P.A. BERNSTEIN LLP 485 Lexington Avenue 275 Battery Street, 29th Floor

New York, New York 10017

San Francisco, California 94111- 3339 Tel: (646) 722-8500

Tel: (415) 956-1000 Fax: (646) 722-8501

Fax: (415) 956-1008 jsabella@gelaw.com rheimann@lchb.com sroopanigelaw.com

jkruselchb.com

Attorneys for Proposed Lead Plaintiff Mississippi Local Counsel for Proposed Lead Plaintiff Public Employees' Retirement System Mississippi Public Employees' Retirement

System

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

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IN RE DIAMOND FOODS, INC., SECURITIES LITIGATION

This Document Relates to:

All Actions

Case No.: 11 -cv-053 86-WHA

MISSISSIPPI PUBLIC EMPLOYEES' RETIREMENT SYSTEM'S RESPONSE TO THE ORDER REQUESTING ADDITIONAL INFORMATION

Mississippi Public Employees' Retirement System's Response to the Order Requesting Additional Information No. I l-CV-05386-WIIA

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Plaintiff Mississippi Public Employees' Retirement System ("Mississippi PERS")

2 submits this response to this Court's request for information made on March 2, 2012,

3 during oral argument on the pending Motions to Appoint Lead Plaintiff, and to the March

4 2, 2012 Order Requesting Additional Information (the "Order"). Set forth below is (1) a

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6 list of cases brought within the three year period prior to this case in which Mississippi

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PERS serves as lead plaintiff or has sought to serve as lead plaintiff, (2) a list of cases in

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which Mississippi PERS has been appointed lead plaintiff in the last three years, and (3) a

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list of cases in which Mississippi PERS is currently serving as lead plaintiff, no matter

10 when filed.

11 Mississippi PERS has been appointed lead plaintiff eight times in the last three

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13 years, five times in cases filed during that period, and three times in cases filed before that

14 period. Of those eight cases, five involve the purchase and sale of mortgage-backed

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("MBS") securities.

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This distinction is important, because lawsuits involving MBS securities have been

17 subject to considerations not generally presented to the same degree in litigations

18 involving the common stock of companies listed on a national exchange, including strict

19 restrictions on standing. See, e.g., Maine State Ret. Sys. v. Countrywide Fin. Corp., 2:10-

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21 CV-0302 MRP, 2011 WL 4389689, at *6 (C.D. Cal. May 5, 2011) (holding "Plaintiffs

22 must have acquired or purchased the security on which they sue. It is undisputed that each

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Certificate is a separate security. Thus, Plaintiffs have standing to assert their claims with

24 respect only to those Certificates a named Plaintiff has purchased.")

25 To ensure that there existed a shareholder with standing to assert claims arising

26 from the purchase of the specific MBS security that Mississippi PERS had purchased, the 27

28 Mississippi PERS made a decision that it could not passively rely on the possibility of

Mississippi Public Employees' Retirement System's Response to the Order Requesting Additional Information No. I l-CV-05386-WHA

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1 other investors with similar purchases making claims, but that it needed to assert such

2 claims proactively to protect its own interests and those of other purchasers.

3 In one particularly pertinent case, In re Morgan Stanley Mortgage Pass-Through

4 Certificates Litigation, No. 09-cv-2 137 (S.D.N.Y.), Mississippi PERS was belatedly

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6 added as a co-lead plaintiff, to assist the Robbins Geller firm and its client, expressly in

7 order to protect claims asserted in the complaint that the existing lead plaintiff lacked

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standing to bring and which were threatened with dismissal. (A copy of the order is

9 submitted herewith as Attachment A). Robbins Geller had no qualms that Mississippi

10 PERS was "overstretched" in that case. Proving the axiom that no good deed goes

11 unpunished, Robbins Geller now seeks to penalize Mississippi PERS for its assistance.

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13 In many of these MBS cases, Mississippi PERS actively sought another investor to

14 act as lead plaintiff in its stead, but was unable to find an adequate representative to

15 protect the interests of Mississippi PERS and other potential class members. In fact, in

16 certain cases, Mississippi PERS was the only movant to seek appointment as lead

17 plaintiff. Mississippi PERS chose to seek appointment as lead plaintiff, rather than face

18 the extinction of its claims, and those of class members whom it sought to protect.

19 Mississippi PERS' conduct is in no way inconsistent with the stated purpose of the Private

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21 Securities Litigation Reform Act, and it should not be penalized in this case for fulfilling

22 what it perceived to be its fiduciary duty.

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That Mississippi PERS has been responding to circumstances unique to MBS

24 cases is confirmed by the fact that the System serves as lead plaintiff in only three non-

25 MBS cases filed in the last three years, hardly the conduct of a professional plaintiff.

26 1. Cases Brought Within the Three Year Period Prior to This Case in Which

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Mississippi PERS Serves as Lead Plaintiff or Has Sought to Serve as Lead Plaintiff

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Mississippi Public Employees' Retirement System's Response to the Order Requesting Additional Information No. I t-CV-05386-WHA

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The provision of the Private Securities Litigation Reform Act ("PSLRA") which

requires a lead plaintiff movant to file with his application a certification, 15 U.S.C. §78u-

4(a)(2)(A)(v), requires, inter alia, that plaintiff "identify any other action under this

chapter, filed during the 3-year period preceding the date on which the certification is

signed by the plaintiff, in which the plaintiff has sought to serve as a representative party

on behalf of a class."

Set forth below is the list of cases that were provided in the certification.

Case Status In re Satyam Computer Services Ltd., No. 09-md- Centralized and transferred to the 2027 (S.D.N.Y.) Southern District of New York on

April 9, 2009 pursuant to Panel On Multidistrict Litigation. Appointed co-lead plaintiff on May 12, 2009. Settled with Satyam and PricewaterhouseCoopers Defendants. Motions to dismiss by remaining defendants outstanding.

In re Royal Bank of Scotland Group plc Securities Filed January 12, 2009. Litigation, No. 09-cv-300 (S.D.N.Y.) Appointed as co-lead plaintiff on

May 5, 2009, but dismissed pursuant to Morrison' on November 11, 2011 as to Mississippi PERS, among others. Mississippi PERS remains named plaintiff pursuant to February 16, 2011 Order.

Public Employees' Retirement System of Mississippi Filed February 6, 2009. v. Goldman Sachs Group, Inc., et al., No. 09-1110 Appointed as lead plaintiff on May (S.D.N.Y.) 6, 2009.

Discovery ongoing. Hill v. State Street Corporation, et. as'., No. 09-cv- Filed December 18, 2009. 12146 (D. Mass.) Appointed as co-lead plaintiff on

May 7,2010. Discovery ongoing.

Pension Trust Fundfor Operating Engineers, et al. v. Appointed as co-lead plaintiff on Structured Asset Mortgage Investments II, Inc., et al., December 23, 2009 in lead case In No. 09-cv-6 172 (S.D.N.Y.) 2 re Bear Stearns Mortgage Pass

1 Morrison v. Nat'lAustl. Bank Ltd., -- U.S. --, 130 S. Ct. 2869, 177 L. Ed. 2d 535 (2010). 2 The case listed in the Neville Certification, Pension Trust Fund for Operating Engineers,

(Footnote continued on next page) Mississippi Public Employees' Retirement System's Response to the Order Requesting Additional Information No. 11-CV-05386-WFIA

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Through Certificates Litigation, 08- cv-8093 (S.D.N.Y.). Waiting for ruling on motions to dismiss.

Bach v. Amedisys Inc., No. 10-00395-BAJ-CN (M.D. Filed June 10, 2010. La. 2010) Appointed as co-lead plaintiff on

October 22, 2010. Waiting for ruling on motions to dismiss.

As is reflected in the list, Mississippi PERS no longer is co-lead plaintiff in the

Royal Bank of Scotland Group plc Securities Litigation. As a consequence, it serves as

lead or co-lead plaintiff in, at most, 3 five securities class actions brought within the last

three years. 4

Of these five, two involve the purchase, pursuant to a direct offering, of mortgage-

backed securities ("MBS"). (Bear Stearns Mortgage Pass Through Certificates Litigation

and Mississippi PERS v. Goldman Sachs). Mississippi PERS is lead plaintiff in only three

cases that do not involve the purchase of MBS securities.

2. Cases in which Mississippi PERS Has Been Appointed Lead Plaintiff in the Last Three Years

In addition to the information sought by the PSLRA section seeking a certification,

15 U.S.C. §78u-4(a)(2)(A)(v), in the Order this Court has asked how many times

Mississippi PERS has been appointed lead or co-lead plaintiff in the last three years.

Consequently, the list below differs from the one in the Certification of George W.

(Footnote continuedfrom previous page) et al. v. Structured Asset Mortgage Investments II, Inc. etal., No. 09-cv-6172 (S.D.N.Y.), was consolidated into the lead case, In re Bear Stearns Mortgage Pass Through Certificates Litigation, 08-cv-8093 (S.D.N.Y.), which was filed on September 18, 2008.

Because the case in which Mississippi PERS was ultimately appointed lead plaintiff was brought more than three years ago, Mississippi PERS arguably serves as lead plaintiff in only four actions brought in the last three years.

Additionally, the Goldman Sachs Group litigation was filed over three years ago. Moreover, in the litigation Louisiana Municipal Police Employees'Retirement System V.

Green Mountain Coffee Roasters, 11-cv-289 (D. Vt.), Mississippi PERS is seeking to be appointed co-lead plaintiff, but the issue has not yet been decided.

Mississippi Public Employees' Retirement System's Response to the Order Requesting Additional Information No. I l-CV-O5386WHA

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Neville, filed on January 6, 2012 [Dkt. 37] ("Neville Certification"), which listed the six

cases above. In the last three years, in addition to the cases listed above, Mississippi

PERS has been appointed lead or co-lead plaintiff three times.

Case Status Iron Workers Local No. 25 Pension Fund v. Credit- Appointed as lead plaintiff on April BasedAsset Servicing & Securitization LLC, No. 08- 23, 2009. cv- 10841 (S.D .N.Y.) 5 Settled. Order Preliminarily

Approving Settlement and Providing for Notice entered December 15, 2011.

Plumbers' & Pipefitters' Local #562 Supplemental Filed March 26, 2008. Plan & Trust, et al. v. IF. Morgan Acceptance Appointed as lead plaintiff by order Corporation I, et al., No. 08-cv-1713 (E.D.N.Y.) adopted November 24, 2009.

Ongoing. Public Employees' Retirement System of Mississippi Filed December 2, 2008. v. Morgan Stanley, et al., No. 09-cv-2 137 (S.D.N.Y.) Appointed as co-lead plaintiff on

September 28, 2010.

All three of these cases involve claims arising from the sale of MBS securities.

3. Number of Cases in which Mississippi PERS Is Currently Serving as Lead Plaintiff

Mississippi PERs is currently serving in 11 cases as lead plaintiff. In addition to

the cases set forth above, Mississippi PERS is currently serving as lead plaintiff in the

following litigations:

Case Status In re Merck & Co. Inc. Securities, Derivative & Discovery ongoing. ERISA Litigation, MDL No. 1658 (SRC); 05-cv- 01151; 05-cv-2367 (D.N.J.) (for securities action) In re Ambac Financial Group, Inc. Securities Settled. Waiting for ruling on Litigation, No. 08-411 (S.D.N.Y.) objector's appeal. In re Schering-Plough Corporation/ Enhance Waiting for ruling on class Securities Litigation, 08-cv-3 97 (D.N.J.) certification.

Of these cases, one has settled, with only administration of the settlement to be

As explained in Mississippi PERS' Reply Memorandum in further support of its motion for appointment as lead plaintiff [Dkt. 82], Iron Workers Local No. 25 Pension Fund v. Credit-Based Asset Servicing & Securitization LLC, No. 08-cv-10841, the case in which Mississippi PERS was appointed lead plaintiff, was brought in 2008.

Mississippi Public Employees' Retirement System's Response to the Order Requesting Additional Information No 11-CV-05386-WHA

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1 completed. As a consequence, in total, Mississippi PERS is currently serving as lead or

2 co-lead plaintiff in 8 active litigations.

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Mississippi Public Employees' Retirement System's Response to the Order Requesting Additional Information No. I l-CV-05386-WHA

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I certify under penalty of perjury that the foregoing is true and correct.

Dated: March -5

OFFICE OF THE ATTORNEY GENERAL STATE OF MISSISSIPPI

Legal Counsel to the Mississippi Public Employees' Retirement System

Mississippi Public Employees' Retirement System's Response to the Order Roquesling Additional Information No. I l-CV-05356-WHA

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Case3:11-cv-05386-WHA Document92-1 Filed03/05/12 Page1 of 13

ATTACHMENT A

• nLSEP 09"010 1 OF

LAURA TAYLCi SWAN US DJ.

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SOUTHERN DISTRICT OF NEW YORK

-------------------------------x

IN RE MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES LITIGATION

-------------------------------x

MEMO ENDORSES

This Document Relates to All Actions Master File No. 09 Civ. 2137 (LTS)(MHD)

-------------------------------x

APPLICATION TO MODIFY THE LEAD PLAINTIFF ORDER

USDC SDNY DOCUMENT

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Case3:11--5386-WHA 1:09-cv-02137-LTS t DocIlent92-1 87 Filed Filed3/05/12 09/28/10 g Page3 2 of 13 12

This Application ("Application") is submitted by Lead Plaintiff West Virginia Investment

Management Board ("West Virginia") and Plaintiff Public Employees' Retirement System of

Mississippi ("MissPERS") to modify the Court's July 17, 2009 Order appointing West Virginia

as Lead Plaintiff and approving Robbins Geller Rudman & Dowd LLP as Lead Counsel (the

"Lead Plaintiff Order") (Docket No. 32). This Application seeks to modify the Lead Plaintiff

Order to: (1) appoint MissPERS as Lead Plaintiff; and (2) approve its selection of Bernstein

Litowitz Berger & Grossmann LLP to serve as Co-Lead Counsel for the Class, along with

current Lead Counsel, Robbins Geller Rudman & Dowd LLP.

MissPERS filed the original complaint in this consolidated class action on December 2,

2008, in the Superior Court of Orange County, California. The MissPERS action was

subsequently removed to the United States District Court for the Central District of California,

and transferred to this Court in March 2009. On July 17, 2009, the Court consolidated all

pending actions, appointed West Virginia as Lead Plaintiff pursuant to 15 U.S.C. §77z-

1 (a)(3)(B)(i), and approved its selection of Robbins Geller Rudman & Dowd LLP as Lead

Counsel. On September 15, 2009, West Virginia filed the Consolidated Amended Complaint for

Violation of the Federal Securities Laws ("Complaint"). Defendants moved to dismiss the

Complaint, and on August 17, 2010, the Court issued a Memorandum Opinion and Order

("Order") (Docket No. 81), denying in part and granting in part Defendants' motions and

affording leave to amend by September 10, 2010.

In its Order, the Court granted Defendants' motion to dismiss as to West Virginia's claim

arising from its purchases of the 2007-I1AR Trust, and denied Defendants' motion to dismiss as

to plaintiff MissPERS' claims relating to its purchases of certificates in the 2006-14SL Trust.

Order at 20. The Court found that MissPERS has standing to assert such claims because it

timely filed them in the original complaint in this consolidated class action. Id. at 10-11

("[Miss]PERS' complaint, which is part of the record in this consolidated action, clearly

identified (Miss]PERS as a purchaser of the securities at issue. The record thus . .

demonstrate[s] the existence and identity of a class representative with constitutional standing to

Li

Case3:11--5386-WHA 1:09-cv-02137-LTS t DocIlent92-1 87 Filed Filed3/05/12 09/28/10 g Page4 3 of 13 12

pursue claims concerning certificates issued by 2006-14SL."). Accordingly, the Court granted

leave to amend to name MissPERS as plaintiff in the complaint and "to demonstrate

[Miss]PERS' standing with respect to any of the claims that have been dismissed pursuant to

Rule 12(b)(1) and to augment and clarify the pleading of the claims asserted by [Miss]PERS."

Id. at 19-20. MissPERS intends to file an amended complaint in accordance with the Order.

West Virginia and MissPERS respectfully submit that the Order and the addition of

MissPERS as a plaintiff in the forthcoming amended complaint warrant modifying the July 17,

2009 Lead Plaintiff Order to reflect the new circumstances. See, e.g., Levitt v. Rogers, 257 Fed.

Appx. 450, 453 (2d Cir. 2007) (district court abused its discretion by not appointing new lead

plaintiff after all or virtually all of the existing lead plaintiff's claims were dismissed, particularly

given that the litigation was in the early stages; given the dismissal, a new party became the

presumptive lead plaintiff under the PSLRA and should have been appointed lead plaintiff); in re

SLM Corp. Sec. Litig., 258 F.R.D. 112, 116-18 (S.D.N.Y. 2009) (Pauley, J.) (appointing

substitute lead plaintiff after determining that existing lead plaintiff lacked standing); in re imax

Sec. Litig., No. 06C1V6128, 2009 WL 1905033, at *3*4 (S.D.N.Y. June 29, 2009) (Buchwald,

J.) (same); in re Irnpax Labs., Inc. Sec. Litig., No. C 04-04802 JW, 2008 WL 1766943, at *7*9

(N.D. Cal. Apr. 17, 2008) (same),

Courts have discretion to modify an order appointing lead plaintiff. See, e.g., in re NYSE

Specialists Sec. Litig., 240 F.R.D. 128, 133-34 (S.D.N.Y. 2007) (Sweet, J.) (collecting cases

holding that courts have the "ability to consider motions to disqualify, remove, withdraw,

substitute, and add lead plaintiffs throughout the litigation of a securities class action").' The

PSLRA provides that the Court shall consider for appointment as the lead plaintiff the member of

the purported class who has either filed a complaint in the action or made a motion in response to

Courts have a "continuing 'duty to monitor" their lead plaintiff appointments. Id. at 133.

2

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the initial class notice. Here, MissPERS filed the original complaint andstates it otherwise

satisfies the requirements of 15 U.S.C. §77z-l(a)(3)(B)(iii)(I). 2

MissPERS also seeks approval of its selection of counsel, Bernstein Litowitz Berger &

Grossmann LLP as Co-Lead counsel for the Class. The PSLRA places the discretion of

selecting class counsel on the lead plaintiff, subject to court approval. 15 U.S.C. §78u-

4(a)(3)(B)(v) ("The most adequate plaintiff shall, subject to the approval of the court, select and

retain counsel to represent the class."). Bernstein Litowitz Berger & Grossmann LLP has

substantial experience litigating securities class actions, having been appointed sole or co-lead

counsel in numerous complex securities class actions pending across the country (including other

cases involving mortgage backed securities and pass-through certificates), and has successfully

prosecuted numerous complex cases on behalf of injured investors.

For the foregoing reasons, the Lead Plaintiff Order should be modified to: (1) appoint

MissPERS as Lead Plaintiff; and (2) approve its selection of Bernstein Litowitz Berger &

Grossmann LLP to serve as Co-Lead Counsel for the Class, along with current Lead Counsel,

Robbins Geller Rudman & Dowd LLP.

Respectfully submitted,

Dated: September 7, 2010 BERNSTEiN L1TOW1TZ BERGER & GROSSMANN LLP

s/David R. Stickney (w/ consent) DAVID R. STICKNEY

DAVID R. STICKNEY TIMOTHY A. DeLANGE 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: (858) 793-0070 Fax: (858) 793-0323

2 MissPERS - a sophisticated institutional investor - satisfies the relevant requirements of Rule 23 of the Federal Rules of Civil Procedure as an adequate class representative with claims typical of the other purchasers of Morgan Stanley Certificates,

3

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Counsel for Public Employees' Retirement System of Mississippi and Proposed Co-Lead Counsel for the Class

ROBBINS GELLER RUDMAN & DOWD LLP

s/Arthur C. Leahy ARTHUR C. LEAHY

ARTHUR C. LEAHY THOMAS E. EGLER SCOTT H. SAHAM SUSAN G. TAYLOR NATHAN R. LINDELL MATTHEW I. ALPERT 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax)

-and- SAMUEL H. RUDMAN DAVID A. ROSENFELD CAROLINA C. TORRES JARRETr S. CHARO 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: 631/367-7100 631/367-1173 (fax)

Counsel for West Virginia Investment Board and Lead Counsel for the Class

4

Case3:11--5386-WHA 1:09-cv-02137-LTS t Dociment92-1 87 Filed Filed3/05/12 09/28/10 g Page7 6 of 13 12

CERTIFICATE OF SERVICE I hereby certify that on September 7, 2010, 1 authorized the electronic filing of the

foregoing with the Clerk of the Court using the CMIECF system which will send notification of

such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I

hereby certify that I caused to be mailed the foregoing document or paper via the United States

Postal Service to the non-CMIECF participants indicated on the attached Manual Notice List.

I certify under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct. Executed on September 7, 2010.

SI Arthur C. Leahy ARTHUR C. LEAHY

ROBBINS GELLER RUDMAN & DOWD LLP

655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax)

E-mail: arti @rgrdlaw.com

1

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Mailing Information for a Case 1 :09-cv-02137-LTS

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case.

• Floyd Abrams fabrams@cahill.com

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• James J. Coster jcoster@ssbb.com,managingclerk@ssbb.comjrubins@ssbb.com

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• Thomas K Egler torne@ rgrd law .com,e_filesd @rgrdlaw.com

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• Justin Evan Klein jklein@ssbb.com,managingclerk@ssbb.com

• Arthur C Leahy artl@rgrdlaw.com

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• David Avi Rosenfeld drosenfeld@rgrdlaw.com ,e—file—ny@rgrdlaw.com

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• Scott H. Saham scotts@csgrr.com

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• Tobias James Stern tstern@paulweiss.com

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• Adam N. Zurofsky azurofsky @cahill.com ,MMcLoughlin @ cahilLcom,NlMarcantonio @cahill.com

• Robin F. Zwerling rzwerling@zsz.comjtarshisC&zsz.com

Manual Notice List

The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.

David T. Biderman Perkins, Coie, L.L.P. 1620 26th Street 6th South Tower Santa Monica, CA 90404-4013

Mark W. Carbone

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Case3:11-cv-05386-WHA 1:09-cv-02137-LTS Document92-187 ild F iled30512 09/28/10 Page 10 9 f of 12 13 SDNY CMIECF Version 4.03- Page 3 of 3

CARBOE & BLAYDES, P.L.L.C. 2442 Kanawha Blvd., East Charleston, WV 25311

Keith E. Eggleton Wilson Sonsini Goodrich & Rosati, P.C. 650 Page Mill Road Palo Alto, CA 94304

Judith B. Gitterman Perkins Coie LLP (Santa Monica) South Tower 1620 26th Street, 6th Floor Canta Monica, CA 90404

Heather Brae Hoesterey Reed Smith, LLP (Sari Francisco) Two Embarcadero Center Suite 2000 San Francisco, CA 94111

David Andrew McCarthy Wilson Sonsini Goodrich & Rosati (CA) 650 Page Mill Road Palo Alto, CA 94304

Brett M. Middleton Bernstein Litowitz Berger & Grossmann LLP (San Diego) 12481 High Bluff Drive Suite 300 San Diego, CA 92130

David A. Thorpe Bernstein Litowitz Berger & Grossmann LLP (San Diego) 12481 High Bluff Drive Suite 300 San Diego, CA 92130

tittps //ecf.nysd .uscourts.gov/cgi-binfMailList.pl ?765 893283282815 -L_366_O- 1 917/20 10

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Motions 1 :O9-cv02137-LTS IN RE MORGAN STANLEY_MORTGAGE PASS-THROUGH CERTIFICATES LITIGATION ECF, LEAD

U.S. District Court

Southern District of New York

Notice of Electronic Filing

The following transaction was entered by Leahy, Arthur on 9/7/2010 at 8:00 PM EDT and filed on 9/7/2010

IN RE MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES Case Name: LITIGATION Case Number: I :09-cv-021 37-LTS Filer: West Virginia Investment Management Board

Public Employees' Retirement System of Mississippi Document Number:

Docket Text: MOTION Application to Modify the Lead Plaintiff Order. Document filed by Public Employees' Retirement System of Mississippi, West Virginia Investment Management Board.(Leahy, Arthur)

1:09-cv-02137-LTS Notice has been electronically mailed to:

Adam N. Zurofsky azurofsky @cahill.com , MMcLoughlin @ cahilLcom, NMarcantonio@cahill.com

Andrew James Ehrlich aehrlich@paulweiss.com

Arthur C. Leahy artl@rgrdlaw.com

Christopher Anthony Gorman cgorman@cahilLcom

Christopher Burch Hockett chris.hockett@dpw.com

David Avi Rosenfeld drosenfeld@rgrdlaw.com , e_file_ny@rgrdlaw.com

David R. Stickney davids @ blbglaw .com, denab@blbglaw.com

Floyd Abrams fabrams@cahill.com

Hayward Homes Smith hhsmitb@dpw.com ,ecf.ct.papers@dpw.com

James J. Coster jcoster@ssbb.com ,jrubins@ssbb.com,managingcierk@ssbb.com

https llecf.nysd.uscourts .gov/cgi-binlDispatch .pl?56422247 5474983 9/7/20 i 0

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James P. Rouhandeh james.rouhandeh@dpw.com

Joshua M. Rubins jrubins@yssbb.com , managingclerk@ssbb.com

Justin Evan Klein jklein@ssbb.com, managingclerk@ssbb.com

Krisflna Marie Mentone kmentone@reedsmith.com

Martin Flumenbaum mflumenbaum@paulweiss.com

Matthew I. Alpert malpert@rgrdlaw.com , e—file—sd@rgrdlaw.com

Nathan R. Lindell nlindell@rgrdlaw.com , stremblay@rgrdlaw.com

Roberta Ann Kaplan rkaplan@paulweiss.corn

Robin F. Zwerling rzwerling @ zsz.corn, jtarshis@zsz.com

Sarah Penny Windle windls@cahill.com

Scott H. Saham scotts@csgrr.corn

Susan G. Taylor susant@rgrdlaw.corn

Tammy Lynn Roy troy@cahill.corn, mmcloughlin@cahill.com, ndelutri@cahill.corn, nmarcantonio@cahill.com

Thomas E. Egler tome@rgrdlaw.com , e_file_sd@rgrdlaw.com

Timothy Alan DeLange timothyd@blbglaw.com , kayem@b!bglaw.corn, kristinas @ blbglaw .com, matthewj@blbglaw.com

Tobias James Stem tstern@paulweiss.com

William Joseph Fenrich william.fenrich@dpw.corn, eef.ct.papers@dpw.com

1:09-cv-02137-LTS Notice has been delivered by other means to:

Brett M. Middleton Bernstein Litowitz Berger & Grossmann LLP (San Diego) 12481 High Bluff Drive Suite 300 San Diego, CA 92130

David A. Thorpe Bernstein Litowitz Berger & Grossmann LLP (San Diego) 12481 High Bluff Drive Suite 300 San Diego, CA 92130

https /f ecf.nysd .uscourts .gov/cgi-binlDispatch .pl?56422247547498 3 9/7/2010

• Case3t13-WF I Donim ntt67-1 FFFdd0 2.ffihLI2 gPage1312 of 1312 SDNY CMIECF Version 4.0.3 Page 3 of 3

David Andrew McCarthy Wilson Sonsini Goodrich & Rosati (CA) 650 Page Mill Road Palo Alto, CA 94304

David T. Biderman Perkins, Coie, L.L.P. 1620 26th Street 6th South Tower Santa Monica, CA 90404-4013

Heather Brae Hoesterey Reed Smith, LLP (San Francisco) Two Embarcadero Center Suite 2000 San Francisco, CA 94111

Judith B. Gitterman Perkins Coie LLP (Santa Monica) South Tower 1620 26th Street, 6th Floor Canta Monica, CA 90404

Keith E. Eggleton Wilson Sonsini Goodrich & Rosati, P.C. 650 Page Mill Road Palo Alto, CA 94304

Mark W. Carbone CARBONE & BLAYDES, P.L.L.C. 2442 Kanawha Blvd., East Charleston, WV 25311

The following document(s) are associated with this transaction:

Document description:Main Document Original filename:nia Electronic document Stamp: [STAMP dcecfStamp_ID= 1008691343 [Date=9/7/20 10] [FileN umber7665490-0] [369e1 197d4b2a9a6a7 187d8a6d6961 8Sf34ab6b24d88Olbd3aeddld2dOSa4OSbf96e cf6aec658361 865 a6d7c4486dbc836177052ef93c0e7 ld56d0lfacd5ce6c]1

https :llecf.nysd.uscourts.gov/cgi-binlDispatch.pl?564222475474983 9/7/2010