u.s. district court southern district of florida (west...

US District Court Civil Docket as of June 14, 2013 Retrieved from the court on July 1, 2013

U.S. District Court Southern District of Florida (West Palm Beach)

CIVIL DOCKET FOR CASE #: 9:10-cv-80644-KLR

Miyahira v. Vitacost.Com , Inc. et al Assigned to: Senior Judge Kenneth L. Ryskamp Case in other court: 12-14065-AA Cause: 15:0078 Securities Exchange Act

Plaintiff

Andrea Miyahira individually and on behalf of all others similarly situated

Date Filed: 05/24/2010 Date Terminated: 06/25/2012 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Christopher Steven Jones Saxena White PA 2424 N Federal Highway Suite 257 Boca Raton, FL 33431 561-394-3399 Fax: 394-3382 Email: [email protected] ATTORNEY TO BE NOTICED

Joseph E. White , III Saxena White PA 2424 N Federal Highway Suite 257 Boca Raton, FL 33431 561-394-3399 Fax: 394-3382 Email: [email protected] ATTORNEY TO BE NOTICED

Maya Susan Saxena Saxena White PA 2424 N Federal Highway Suite 257 Boca Raton, FL 33431 561-394-3399 Fax: 394-3382 Email: [email protected] ATTORNEY TO BE NOTICED

Lester Rene Hooker Saxena White PA 2424 N Federal Highway Suite 257

Boca Raton, FL 33431 561-394-3399 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Montgomery County Employees'

represented by Julie Prag Vianale Retirement Fund

Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL 33431 561-392-4750 Fax: 392-4775 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bruce W. Dona Kahn Swick & Foti, LLC 500 5th Avenue Suite 1810 New York, NY 10110 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Craig J. Geraci Kahn Swick & Foti, LLC 206 Covington Street Madisonville, LA 70447 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Joseph Clay Coates , III. Greenberg Traurig Phillips Point - East Tower 777 S Flagler Drive Suite 300E West Palm Beach, FL 33401 561-650-7900 Email: [email protected] ATTORNEY TO BE NOTICED

Kim E. Miller Kahn Swick & Foti LLC 500 5th Avenue Suite 1810 New York, NY 10110 212-696-3730

Fax: 504-455-1498 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Kimberly M. Donaldson Chimicles & Tikellis, LLP One Haverford Centre 361 West Lancaster Avenue Haverford, PA 19041 610-642-8500 Fax: 610-649-3633 Email: [email protected] ATTORNEY TO BE NOTICED

Lewis Kahn Kahn Swick & Foti, LLC 206 Covington Street Madisonville, LA 70447 504-455-1400 Fax: 504-455-1498 Email: [email protected] ATTORNEY TO BE NOTICED

Timothy N. Mathews Chimicles & Tikellis, LLP 361 West Lancaster Avenue Haverford, PA 19041 610-642-8500 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

Richard Bauman represented by Timothy N. Mathews (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Julie Prag Vianale (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Vitacost.Com, Inc. represented by Joseph Clay Coates , III. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Biles King & Spalding, LLP 401 Congress Avenue Suite 3200 Austin, TX 78701 512-457-2000 Fax: 512-457-2100 Email: [email protected] ATTORNEY TO BE NOTICED

Paul R. Bessette King & Spalding, LLP 401 Congress Avenue Suite 3200 Austin, TX 78701 512-457-2000 Fax: 512-457-2100 Email: [email protected] ATTORNEY TO BE NOTICED

Royale Price King & Spalding, LLP 401 Congress Avenue Suite 3200 Austin, TX 78701 512-457-2000 Fax: 512-457-2100 Email: [email protected] ATTORNEY TO BE NOTICED

Sandra D. Gonzalez Greenberg Traurig LLP 300 W 6th Street Suite 2050 Austin, TX 78701 512-320-7200 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Ira P Kerker represented by Jack A. Wilson Boies, Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 914-749-8200 Email: [email protected] ATTORNEY TO BE NOTICED

Joseph Clay Coates , III. (See above for address) ATTORNEY TO BE NOTICED

Michael J. Biles (See above for address) TERMINATED: 02/11/2011 ATTORNEY TO BE NOTICED

Paul R. Bessette (See above for address) TERMINATED: 02/11/2011 ATTORNEY TO BE NOTICED

Robin A. Henry Boies, Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 914-749-8200 Email: [email protected] ATTORNEY TO BE NOTICED

Royale Price (See above for address) TERMINATED: 02/11/2011 ATTORNEY TO BE NOTICED

Sandra D. Gonzalez (See above for address) TERMINATED: 02/11/2011 PRO HAC VICE ATTORNEY TO BE NOTICED

Sigrid Stone McCawley Boies Schiller & Flexner 401 E Las Olas Blvd Suite 1200 Fort Lauderdale, FL 33301 954-356-0011 Fax: 954-356-0022 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Richard P Smith

represented by Joseph Clay Coates , III. (See above for address) ATTORNEY TO BE NOTICED

Michael J. Biles (See above for address)

ATTORNEY TO BE NOTICED

Paul R. Bessette (See above for address) ATTORNEY TO BE NOTICED

Royale Price (See above for address) ATTORNEY TO BE NOTICED

Sandra D. Gonzalez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Stewart Gitler represented by Joseph Clay Coates , III. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Biles (See above for address) ATTORNEY TO BE NOTICED




Defendant

Allen S Josephs represented by Joseph Clay Coates , III. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Paul R. Bessette (See above for address)




Defendant

David N Ilfeld

represented by Joseph Clay Coates , III. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Lawrence A Pabst represented by Joseph Clay Coates , III. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Royale Price (See above for address)



Defendant

Eran Ezra represented by Joseph Clay Coates , III. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Robert G Trapp represented by Joseph Clay Coates , III. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Sandra D. Gonzalez (See above for address)

PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Jeffries & Co., Inc. represented by Allison Beth Kernisky Holland & Knight LLP 701 Brickell Ave. Suite 3000 Miami, FL 33131 (305) 374-8500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mara Aronson Geronemus Holland & Knight 701 Brickell Avenue Suite 3000 Miami, FL 33131 305-374-8500 Fax: 789-7799 Email: [email protected] TERMINATED: 07/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tracy Ann Nichols Holland & Knight 701 Brickell Avenue Suite 3000 Miami, FL 33131 305-374-8500X7717 Fax: 789-7799 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Tiffani Gay Lee Holland & Knight 701 Brickell Avenue Suite 3000 Miami, FL 33131 305-789-7725 Fax: 789-7799 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Oppenheimer & Co., Inc. represented by Allison Beth Kernisky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mara Aronson Geronemus (See above for address) TERMINATED: 07/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tracy Ann Nichols (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Tiffani Gay Lee (See above for address) ATTORNEY TO BE NOTICED

Defendant

Needham & Co., LLC represented by Allison Beth Kernisky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

Roth Capital Partners, LLC represented by Allison Beth Kernisky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





Defendant

McGladrey & Pullen, LLP TERMINATED: 05/03/2011

represented by Alvin Bruce Davis Squire Sanders (US) LLP Wachovia Financial Center 200 S Biscayne Boulevard 41st Floor Miami, FL 33131-2398 305-577-2835 Fax: 577-7001 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed -T # Docket Text

05/24/2010 1 COMPLAINT against Eran Ezra, Stewart Gitler, David N Ilfeld, Allen S Josephs, Ira P Kerker, Lawrence A Pabst, Richard P Smith, Robert G Trapp, Vitacost.Com , Inc.. Filing fee $ 350.00 receipt number 113C-2889314, filed by Andrea Miyahira. (Attachments: # 1 Civil Cover Sheet)(ITooker, Lester) (Entered: 05/24/2010)

05/24/2010 2 Judge Assignment RE: Electronic Complaint to Senior Judge Kenneth L. Ryskamp (vjk) (Entered: 05/25/2010)

06/09/2010 3 Summons Issued as to Ira P Kerker. (mg) (Entered: 06/09/2010)

06/15/2010 4 Summons Issued as to Vitacost.Com , Inc.. (ls) (Entered: 06/15/2010)

07/13/2010 5 Joint MOTION Enter Scheduling Order by Eran Ezra, Stewart Gitler, David N Ilfeld, Allen S Josephs, Ira P Kerker, Lawrence A Pabst, Richard P Smith, Robert G Trapp, Vitacost.Com, Inc.. (Attachments: # 1 Text of Proposed Order)(Coates, Joseph) (Entered: 07/13/2010)

07/13/2010 6 Corporate Disclosure Statement by Vitacost.Com , Inc. (Coates, Joseph) (Entered: 07/13/2010)

07/14/2010 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael J. Biles. Filing Fee $ 75. Receipt # 9132. (cw) (Entered: 07/18/2010)

07/14/2010 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul R. Bessette. Filing Fee $ 75. Receipt # 9133. (cw) (Entered: 07/18/2010)

07/14/2010 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sandra D. Gonzalez. Filing Fee $ 75. Receipt # 9134. (cw) (Entered: 07/18/2010)

07/14/2010 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Royale Price. Filing Fee $ 75. Receipt # 9135. (cw) (Entered: 07/18/2010)

07/23/2010 11 MOTION to Appoint Lead Plaintiff Montgomery County Employees' Retirement Fund ( Responses due by 8/9/2010), MOTION to Appoint Lead Counsel Kahn Swick & Foti LLC and Chimicles & Tikellis LLP by Montgomery County Employees' Retirement Fund. (Vianale, Julie) (Entered: 07/23/2010)

07/23/2010 12 DECLARATION signed by : Julie Prag Vianale In Support of 11 MOTION to Appoint Lead Plaintiff Montgomery County Employees' Retirement Fund MOTION to Appoint Lead Counsel Kahn Swick & Foti LLC and Chimicles & Tikellis LLP by Montgomery County Employees' Retirement Fund (Vianale, Julie) Modified text on 7/26/2010 (asl). (Entered: 07/23/2010)

07/23/2010 13 MEMORANDUM in Support re 11 MOTION to Appoint Lead Plaintiff Montgomery County Employees' Retirement Fund MOTION to Appoint Lead Counsel Kahn Swick & Foti LLC and Chimicles & Tikellis LLP by Montgomery County Employees'

I Retirement Fund. (Vianale, Julie) (Entered: 07/23/2010)

07/23/2010 14 MOTION to Appoint Lead Plaintiff Craig Laub AND APPROVAL OF SELECTION OF LEAD COUNSEL, AND INCORPORATED MEMORANDUM OF LAW by Craig Laub. Responses due by 8/9/2010 (Attachments: # 1 Text of Proposed Order)(White, Joseph). Added MOTION to Appoint Lead Counsel on 7/26/2010 (asl). (Entered: 07/23/2010)

07/23/2010 15 DECLARATION signed by : Joseph E. White, III In Support of 14 MOTION to I Appoint Lead Plaintiff Craig Laub AND APPROVAL OF SELECTION OF LEAD

COUNSEL, AND INCORPORATED MEMORANDUM OF LAW by Craig Laub (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(White, Joseph) Modified text on 7/26/2010 (asl). (Entered: 07/23/2010)

07/23/2010 16 MOTION to Appoint Lead Plaintiff Cason Family Trust and Cason Family LTD Partnership ( Responses due by 8/9/2010), MOTION to Appoint Lead Counsel

08/09/2010

Robbins Geller Rudman & Dowd LLP and Dyer & Berens LLP by Cason Family Trust, Cason Family LTD Partnership. (Attachments: # 1 Text of Proposed Order)(Wilens, Douglas) (Entered: 07/23/2010)

07/23/2010 17 DECLARATION in Support re 16 MOTION to Appoint Lead Plaintiff Cason Family Trust and Cason Family LTD Partnership MOTION for Approval of Selection of Co-Lead Counsel Robbins Geller Rudman & Dowd LLP and Dyer & Berens LLP filed by Cason Family LTD Partnership, Cason Family Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wilens, Douglas) Modified text on 7/26/2010 (asl). (Entered: 07/23/2010)

07/24/2010 18 MOTION to Appoint Lead Plaintiff Cason Family Trust and Cason Family LTD Partnership ( Responses due by 8/10/2010), MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP and Dyer & Berens LLP (re-filed to include attached memorandum only) by Cason Family LTD Partnership, Cason Family Trust. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(Wilens, Douglas) (Entered: 07/24/2010)

07/26/2010 19 Clerks Notice to Filer re 14 MOTION to Appoint Lead Plaintiff Craig Laub AND APPROVAL OF SELECTION OF LEAD COUNSEL, AND INCORPORATED MEMORANDUM OF LAW MOTION to Appoint Lead Counsel. Motion with Multiple Reliefs Filed as One Relief ; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl) (Entered: 07/26/2010)

08/02/2010 20 Endorsed ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Senior Judge Kenneth L. Ryskamp on 8/2/2010. (kdn) (Entered: 08/02/2010)

08/09/2010 21 MEMORANDUM in Opposition to Competing Motions re 11 MOTION to Appoint Lead Plaintiff Montgomery County Employees' Retirement Fund MOTION to Appoint Lead Counsel Kahn Swick & Foti LLC and Chimicles & Tikellis LLP, 14 MOTION to Appoint Lead Plaintiff Craig Laub AND APPROVAL OF SELECTION OF LEAD COUNSEL, AND INCORPORATED MEMORANDUM OF LAW MOTION to Appoint Lead Counsel filed by Cason Family LTD Partnership, Cason Family Trust. (Wilens, Douglas) Modified text on 8/10/2010 (asl). (Entered: 08/09/2010)

22 DECLARATION of Douglas Wilens in Opposition to Competing Motionsre 11 MOTION to Appoint Lead Plaintiff Montgomery County Employees' Retirement Fund MOTION to Appoint Lead Counsel Kahn Swick & Foti LLC and Chimicles & Tikellis LLP, 14 MOTION to Appoint Lead Plaintiff Craig Laub AND APPROVAL OF SELECTION OF LEAD COUNSEL, AND INCORPORATED MEMORANDUM OF LAW MOTION to Appoint Lead Counsel filed by Cason Family LTD Partnership, Cason Family Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4

08/09/2010

08/10/2010

Exhibit D, # 5 Exhibit E)(Wilens, Douglas) Modified text on 8/10/2010 (asl). (Entered: 08/09/2010)

23 MEMORANDUM in Opposition to All Competing Motions and In Further Support of 11 Motion of Montgomery County Employees' Retirement Fund to be Appointed Lead Plaintiff AND APPROVAL OF SELECTION OF LEAD COUNSEL, AND INCORPORATED MEMORANDUM OF LAW MOTION to Appoint Lead Counsel re 16 MOTION to Appoint Lead Plaintiff Cason Family Trust and Cason Family LTD Partnership MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP and Dyer & Berens LLP, 14 MOTION to Appoint Lead Plaintiff Craig Laub filed by Montgomery County Employees' Retirement Fund. (Attachments: # 1 Text of Proposed Order)(Vianale, Julie) Modified text and added document link on 8/10/2010 (asl). (Entered: 08/09/2010)

24 DECLARATION of Lewis S. Kahn in Support of 23 Memorandum of Law in Opposition re 16 MOTION to Appoint Lead Plaintiff Cason Family Trust and Cason Family LTD Partnership MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP and Dyer & Berens LLP, 14 MOTION to Appoint Lead Plaintiff Craig Laub AND APPROVAL OF SELECTION OF LEAD COUNSEL, AND INCORPORATED MEMORANDUM OF LAW MOTION to Appoint Lead Counsel by Montgomery County Employees' Retirement Fund. (Vianale, Julie) Modified text and added document link on 8/10/2010 (asl). (Entered: 08/09/2010)

25 ORDER granting 5 Joint Motion to Enter Scheduling Order. Signed by Senior Judge Kenneth L. Ryskamp on 8/10/2010. (ls) (Entered: 08/11/2010)

08/09/2010

08/19/2010 26 RESPONSE/REPLY to 16 MOTION to Appoint Lead Plaintiff Cason Family Trust and Cason Family LTD Partnership MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP and Dyer & Berens LLP in Further Support of Motion by Cason Family LTD Partnership, Cason Family Trust. (Wilens, Douglas) (Entered: 08/19/2010)

08/19/2010 27 AFFIDAVIT in Support re 16 MOTION to Appoint Lead Plaintiff Cason Family Trust I and Cason Family LTD Partnership MOTION to Appoint Lead Counsel Robbins

Geller Rudman & Dowd LLP and Dyer & Berens LLP filed by Cason Family LTD Partnership, Cason Family Trust. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Wilens, Douglas) (Entered: 08/19/2010)

08/19/2010 28 REPLY to Response to Motion re 11 MOTION to Appoint Lead Plaintiff Montgomery County Employees' Retirement Fund MOTION to Appoint Lead Counsel Kahn Swick & Foti LLC and Chimicles & Tikellis LLP, 16 MOTION to Appoint Lead Plaintiff Cason Family Trust and Cason Family LTD Partnership MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP and Dyer & Berens LLP filed by Montgomery County Employees' Retirement Fund. (Vianale, Julie) (Entered: 08/19/2010)

09/03/2010 29 MOTION for Limited Appearance, Consent to Designation and Request to I

Electronically Receive Notices of Electronic Filing for Kim E. Miller. Filing Fee $ 75.00. Receipt # 9249. (ksa) (Entered: 09/07/2010)

09/07/2010 30 Endorsed ORDER granting 29 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Senior Judge Kenneth L. Ryskamp on 9/7/2010. (kdn) (Entered:

09/07/2010)

10/08/2010 31 Endorsed ORDER terminating 16 MOTION to Appoint Lead Plaintiff ; terminating 16 MOTION to Appoint Lead Counsel. The Court will consider Docket Entry 18. Signed by Senior Judge Kenneth L. Ryskamp on 10/8/2010. (kdn) (Entered: 10/08/2010)

10/18/2010 32 ORDER Appointing Montgomery County Employees' Retirement Fund as Lead Plaintiff and Approving Lead Plaintiff's Choice of Counsel; denying 18 MOTION to Appoint Lead Plaintiff; denying 18 MOTION to Appoint Lead Counsel; denying 14 MOTION to Appoint Lead Counsel ;denying 14 MOTION to Appoint Lead Plaintiff; granting 11 MOTION to Appoint Lead Plaintiff Montgomery County Employees' Retirement Fund ; granting 11 MOTION to Appoint Lead Counsel Kahn Swick & Foti, LLC and Chimicles & Tikellis LLP. Signed by Senior Judge Kenneth L. Ryskamp on 10/18/2010. (ral) (Entered: 10/19/2010)

12/01/2010 33 MOTION to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Kimberly M. Donaldson. Filing Fee $ 75.00. Receipt # 9400. (ksa) (Entered: 12/03/2010)

12/03/2010 34 Endorsed ORDER granting 33 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Senior Judge Kenneth L. Ryskamp on 12/3/2010. (kdn) (Entered: 12/03/2010)

12/14/2010 35 Unopposed MOTION for Extension of Time to Amend Complaint by Montgomery County Employees' Retirement Fund. Responses due by 1/3/2011 (Attachments: # 1 Exhibit Proposed Order)(Vianale, Julie) (Entered: 12/14/2010)

12/15/2010 36 Endorsed ORDER granting 35 Motion for Extension of Time to Amend. Lead Plaintiffs Unopposed Motion to ModifyBriefing Schedule is GRANTED. Lead Plaintiffs Amended Complaint will be due on or beforeFebruary 15, 2011. Defendants' motion(s) to dismiss will be due on or before April 1, 2011.Lead Plaintiffs response(s) in opposition to the motion(s) to dismiss will be due on orbefore May 16, 2011. Defendants reply memorandum(s) will be due on or before June 15,2011. Signed by Senior Judge Kenneth L. Ryskamp on 12/15/2010. (kdn) (Entered: 12/15/2010)

02/10/2011 37 UNSTIPULATED Defendant's MOTION for Substitution of Counsel by Ira P Kerker. I Responses due by 2/28/2011 (Attachments: # 1 Text of Proposed Order)(Coates,

Joseph) (Entered: 02/10/2011)

02/11/2011 38 ORDER Granting Motion for Substitution of Counsel; re 37 Unstipulated Motion for Substitution of Counsel. Added attorney Sigrid Stone McCawley,Robin A. Henry,Jack A. Wilson for Ira P Kerker. Attorney Joseph Clay Coates, III; Sandra D. Gonzalez; Royale Price; Paul R. Bessette and Michael J. Biles terminated Notice of Termination delivered by US Mail to Paul Bessette, Michael Biles, Sandra Gonzalez, Royale Price.. Signed by Senior Judge Kenneth L. Ryskamp on 2/11/2011. (asl) (Entered: 02/14/2011)

02/15/2011 39 AMENDED COMPLAINT against Eran Ezra, Stewart Gitler, David N Ilfeld, Allen S Josephs, Ira P Kerker, Lawrence A Pabst, Richard P Smith, Robert G Trapp, Vitacost.Com, Inc., Jeffries & Co., Inc., Oppenheimer & Co., Inc., Needham & Co., LLC, Roth Capital Partners, LLC, McGladrey & Pullen, LLP filed in response to Order Granting Motion for Leave, filed by Montgomery County Employees'

Retirement Fund, Richard Bauman. (Attachments: # 1 Certification)(Vianale, Julie) (Entered: 02/15/2011)

02/17/2011 40 Summons Issued as to Jeffries & Co., Inc., McGladrey & Pullen, LLP, Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners, LLC.(Issued Per Attorney/No Addresses Provided) (ots) (Entered: 02/17/2011)

02/22/2011 41 MOTION for Robin A. Henry and Jack A. Wilson to Appear Pro Hac Vice, Consent to Designation and Request to Receive Notification of Electronic Filings. Filing Fee $ 150.00. Receipt # 14457 and 14458. (ksa) (Entered: 02/24/2011)


03/03/2011 43 SUMMONS (Affidavit) Returned Executed by Montgomery County Employees' Retirement Fund. Oppenheimer & Co., Inc. served on 2/28/2011, answer due 3/21/2011. (Vianale, Julie) (Entered: 03/03/2011)

03/07/2011 44 SUMMONS (Affidavit) Returned Executed by Montgomery County Employees' Retirement Fund. McGladrey & Pullen, LLP served on 3/1/2011, answer due 3/22/2011. (Vianale, Julie) (Entered: 03/07/2011)

03/07/2011 45 SUMMONS (Affidavit) Returned Executed by Montgomery County Employees' Retirement Fund. Needham & Co., LLC served on 3/1/2011, answer due 3/22/2011. (Vianale, Julie) (Entered: 03/07/2011)

03/07/2011 46 SUMMONS (Affidavit) Returned Executed by Montgomery County Employees' Retirement Fund. Jeffries & Co., Inc. served on 3/1/2011, answer due 3/22/2011. (Vianale, Julie) (Entered: 03/07/2011)

03/08/2011 47 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy N. Mathews. Filing Fee $ 75.00. Receipt # 9597. (ksa) (Entered: 03/10/2011)


03/14/2011 49 Unopposed MOTION for Extension of Time To Respond to Complaint Underwriter Defendants' Unopposed Motion for Extension of Time to Respond to Complaint by Jeffries & Co., Inc., Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners, LLC. Responses due by 3/31/2011 (Attachments: # 1 Text of Proposed Order)(Nichols, Tracy) Modified by converting to correct event type (Extension of Time to File Answer RE: Complaints) on 3/15/2011 (ral). (Entered: 03/14/2011)

03/14/2011 50 Endorsed ORDER granting 49 Motion for Extension of Time. Underwriter Defendants shall have up to and including April 28, 2011, within which to respond to Plaintiffs' Consolidated Amended Class Action Complaint. Signed by Senior Judge Kenneth L. Ryskamp on 3/14/2011. (kdn) (Entered: 03/14/2011)

03/14/2011 Set/Reset Answer Due Deadline: Jeffries & Co., Inc. response due 4/28/2011;

03/16/2011

03/17/2011

03/21/2011

Needham & Co., LLC response due 4/28/2011; Oppenheimer & Co., Inc. response due 4/28/2011; Roth Capital Partners, LLC response due 4/28/2011. (kdn) (Entered: 03/14/2011)

51 NOTICE of Attorney Appearance by Mara Aronson Geronemus on behalf of Jeffries & Co., Inc., Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners, LLC (Geronemus, Mara) (Entered: 03/16/2011) -

52 NOTICE of Attorney Appearance by Tiffani Gay Lee on behalf of Jeffries & Co., Inc., Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners, LLC (Lee, Tiffani) (Entered: 03/17/2011)

Attorney Joseph Clay Coates, III representing Kerker, Ira P (Defendant) Activated. (Coates, Joseph) (Entered: 03/21/2011)

03/21/2011 53 MOTION for Extension of Time to Respond to the Amended Complaint re 39 I Amended Complaint, by Eran Ezra, Stewart Gitler, David N Ilfeld, Allen S Josephs,

Ira P Kerker, Lawrence A Pabst, Richard P Smith, Robert G Trapp, Vitacost.Com , Inc.. Responses due by 4/7/2011 (Attachments: # 1 Text of Proposed Order)(Coates, Joseph) (Entered: 03/21/2011)

03/21/2011 54 Endorsed ORDER granting 53 Motion for Extension of Time to respond to amended complaint. Movants shall have until April 28, 2011 to respond to same. Signed by Senior Judge Kenneth L. Ryskamp on 3/21/2011. (kdn) (Entered: 03/21/2011)

03/21/2011

03/23/2011

03/23/2011

03/24/2011

03/24/2011

04/14/2011

04/14/2011

Set/Reset Answer Due Deadline: Eran Ezra response due 4/28/2011; Stewart Gitler response due 4/28/2011; David N Ilfeld response due 4/28/2011; Allen S Josephs response due 4/28/2011; Ira P Kerker response due 4/28/2011; Lawrence A Pabst response due 4/28/2011; Richard P Smith response due 4/28/2011; Robert G Trapp response due 4/28/2011. (kdn) (Entered: 03/21/2011)

55 MOTION for Extension of Time To respond to the Amended Complaint re 39 Amended Complaint, by McGladrey & Pullen, LLP. Responses due by 4/11/2011 (Attachments: # 1 Text of Proposed Order)(Davis, Alvin) (Entered: 03/23/2011)

56 Corporate Disclosure Statement by McGladrey & Pullen, LLP (Davis, Alvin) (Entered: 03/23/2011)

57 Endorsed ORDER granting 55 Motion for Extension of Time. McGladrey & Pullen, LLP may have until April 28, 2011 to respond to the amended complaint. Signed by Senior Judge Kenneth L. Ryskamp on 3/24/2011. (kdn) (Entered: 03/24/2011)

Set/Reset Answer Due Deadline: McGladrey & Pullen, LLP response due 4/28/2011. (kdn) (Entered: 03/24/2011)

58 Corporate Disclosure Statement by Jeffries & Co., Inc. identifying Corporate Parent Jefferies Group, Inc., Corporate Parent Jefferies & Company, Inc. for Jeffries & Co., Inc. (Garcia, Michael) (Entered: 04/14/2011)

59 Corporate Disclosure Statement by Roth Capital Partners, LLC identifying Corporate Parent Roth Capital Partners, LLC, Corporate Parent CR Financial Holdings, Inc. for Roth Capital Partners, LLC (Garcia, Michael) (Entered: 04/14/2011)

04/14/2011 60 Corporate Disclosure Statement by Needham & Co., LLC identifying Corporate

Parent Needham & Co., LLC, Corporate Parent The Needham Group, Inc. for Needham & Co., LLC (Nichols, Tracy) (Entered: 04/14/2011)

04/21/2011 61 Unopposed MOTION for Leave to File Excess Pages by Ira P. Kerker AND by Eran Ezra, Stewart Gitler, David N Ilfeld, Allen S Josephs, Lawrence A Pabst, Richard P Smith, Robert G Trapp, Vitacost.Com, Inc.. (Attachments: # 1 Text of Proposed Order)(Coates, Joseph) (Entered: 04/21/2011)

04/25/2011 62 Endorsed ORDER granting 61 Motion for Leave to File Excess Pages. Movants' motion to dismiss may not exceed 28 pages, plus exhibits. Signed by Senior Judge Kenneth L. Ryskamp on 4/25/2011. (kdn) (Entered: 04/25/2011)

04/28/2011 63 NOTICE of Voluntary Dismissal Without Prejudice of Defendant McGladrey & Pullen, LLP by Richard Bauman, Montgomery County Employees' Retirement Fund (Vianale, Julie) (Entered: 04/28/2011)

04/28/2011 64

04/28/2011 65

Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law by Jeffries & Co., Inc., Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners, LLC. Responses due by 5/16/2011 (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit A)(Nichols, Tracy) (Entered: 04/28/2011)

MOTION to Dismiss 1 Complaint, 39 Amended Complaint, by Eran Ezra, Stewart Gitler, David N Ilfeld, Allen S Josephs, Ira P Kerker, Lawrence A Pabst, Richard P Smith, Robert G Trapp. Responses due by 5/16/2011 (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 Text of Proposed Order)(Coates, Joseph) (Entered: 04/28/2011)

05/03/2011 66 ORDER Dismissing McGladrey & Pullen, LLP; re 63 Notice of Voluntary Dismissal; McGladrey & Pullen, LLP terminated. Signed by Senior Judge Kenneth L. Ryskamp on 5/3/2011. (ral) (Entered: 05/04/2011)

06/02/2011 67 Unopposed MOTION for Leave to File Excess Pages in Opposition to Motion to Dismiss by Montgomery County Employees' Retirement Fund. (Attachments: # 1 Text of Proposed Order)(Vianale, Julie) (Entered: 06/02/2011)

06/02/2011 68 Endorsed ORDER granting 67 Motion for Leave to File Excess Pages. The response shall not exceed 28 pages. Signed by Senior Judge Kenneth L. Ryskamp on 6/2/2011. (kdn) (Entered: 06/02/2011)

06/07/2011 69 Unopposed MOTION for Extension of Time to File Response/Reply as to 65 MOTION to Dismiss 1 Complaint, 39 Amended Complaint, MOTION to Dismiss 1 Complaint, 39 Amended Complaint, MOTION to Dismiss 1 Complaint, 39 Amended Complaint,, 64 Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law by Richard Bauman, Montgomery County Employees' Retirement Fund. (Attachments: # 1 Text of Proposed Order)(Vianale, Julie) (Entered: 06/07/2011)

06/08/2011 70 Endorsed ORDER granting 69 Motion for Extension of Time to File Response re 64

06/08/2011

MOTION to Dismiss and 65 MOTION to Dismiss. Responses due by 6/20/2011. Signed by Senior Judge Kenneth L. Ryskamp on 6/8/2011. (kdn) (Entered: 06/08/2011)

Set/Reset Deadlines as to 64 Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law , 65 MOTION to Dismiss 1 Complaint, 39 Amended Complaint, MOTION to Dismiss 1 Complaint, 39 Amended Complaint, MOTION to Dismiss 1 Complaint, 39 Amended Complaint,. Responses due by 6/20/2011 (kdn) (Entered: 06/08/2011)

06/20/2011 71 RESPONSE in Opposition re 64 Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law filed by Richard Bauman, Montgomery County Employees' Retirement Fund. (Vianale, Julie) (Entered: 06/20/2011)

06/20/2011

06/20/2011

72 RESPONSE in Opposition re 65 MOTION to Dismiss 1 Complaint, 39 Amended Complaint,MOTION to Dismiss 1 Complaint, 39 Amended Complaint,MOTION to Dismiss 1 Complaint, 39 Amended Complaint, filed by Richard Bauman, Montgomery County Employees' Retirement Fund. (Attachments: # 1 Exhibit Exhibit A)(Vianale, Julie) (Entered: 06/20/2011)

73 MOTION for Hearing re 65 MOTION to Dismiss 1 Complaint, 39 Amended Complaint,MOTION to Dismiss 1 Complaint, 39 Amended Complaint,MOTION to Dismiss 1 Complaint, 39 Amended Complaint,, 64 Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum of Law Defendant's MOTION to Dismiss 39 Amended Complaint, and Incorporated Memorandum ofLaw by Richard Bauman, Montgomery County Employees' Retirement Fund. (Vianale, Julie) (Entered: 06/20/2011)

06/21/2011 74 NOTICE by Richard Bauman, Montgomery County Employees' Retirement Fund re 72 Response in Opposition to Motion, of Filing Corrected Exhibit A to Memorandum of Law at Docket Entry 72 (Attachments: # 1 Exhibit Exhibit A)(Vianale, Julie) (Entered: 06/21/2011)

06/24/2011 75 MOTION on Behalf of Craig J. Geraci to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 9862. (ksa) (Entered: 06/27/2011)

06/27/2011 76 MOTION on Behalf of Bruce W. Dona for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 9863. (ksa) (Entered: 06/27/2011)

06/28/2011 77 Endorsed ORDER granting 75 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 76 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Senior Judge Kenneth L. Ryskamp on 6/28/2011. (kdn) (Entered: 06/28/2011)

06/30/2011 78 Defendant's MOTION to Withdraw as Attorney by Mara Aronson Geronemus. by Jeffries & Co., Inc., Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners, LLC. Responses due by 7/18/2011 (Attachments: # 1 Text of Proposed

Order)(Lee, Tiffani) (Entered: 06/30/2011)

07/12/2011

07/20/2011

07/20/2011

79 ORDER granting 78 Motion to Withdraw as Attorney. Attorney Mara Aronson Geronemus terminated. Signed by Senior Judge Kenneth L. Ryskamp on 7/12/2011. (ls) (Entered: 07/13/2011)

80 RESPONSE/REPLY in Support of Motion to Dismiss by Jeffries & Co., Inc., Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners, LLC. (Attachments: # 1 Exhibit A)(Nichols, Tracy) (Entered: 07/20/2011)

81 REPLY to Response to Motion re 65 MOTION to Dismiss 1 Complaint, 39 Amended Complaint,MOTION to Dismiss 1 Complaint, 39 Amended Complaint,MOTION to Dismiss 1 Complaint, 39 Amended Complaint, filed by Eran Ezra, Stewart Gitler, David N Ilfeld, Allen S Josephs, Ira P Kerker, Lawrence A Pabst, Richard P Smith, Robert G Trapp, Vitacost.Com , Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Coates, Joseph) (Entered: 07/20/2011)

12/12/2011 82 ORDER granting 64 Motion to Dismiss 39 Amended Complaint; granting 65 Motion to Dismiss 1 Complaint, 39 Amended Complaint; Dismissing without prejudice Amended Complaint; Plaintiff's have twenty (20) days to file a Second Amended Complaint; denying 73 Motion for Hearing on Motions to Dismiss. Signed by Senior Judge Kenneth L. Ryskamp on 12/8/2011. (ls) (Entered: 12/12/2011)

12/15/2011 83 Unopposed MOTION for Extension of Time to file Second Amended Complaint by Montgomery County Employees' Retirement Fund. Responses due by 1/3/2012 (Attachments: # 1 Text of Proposed Order)(Vianale, Julie) (Entered: 12/15/2011)

12/20/2011 84 Endorsed ORDER granting 83 Motion for Extension of Time. Plaintiffs shall have until January 11, 2012 within which to file and serve the Second Amended Consolidated Complaint. Signed by Senior Judge Kenneth L. Ryskamp on 12/20/2011. (kdn) (Entered: 12/20/2011)

12/20/2011 Set/Reset Scheduling Order Deadlines: Plaintiffs shall have until January 11, 2012 within which to file and serve the Second Amended Consolidated Complaint. (kdn) (Entered: 12/20/2011)

01/11/2012 85 Second AMENDED COMPLAINT against Jeffries & Co., Inc., Allen S Josephs, Ira P Kerker, Needham & Co., LLC, Oppenheimer & Co., Inc., Lawrence A Pabst, Roth Capital Partners, LLC, Richard P Smith, Robert G Trapp, Vitacost.Com , Inc. filed in response to Order Granting Motion for Leave, filed by Montgomery County Employees' Retirement Fund. (Attachments: # 1 Exhibit Exhibit A)(Vianale, Julie) (Entered: 01/11/2012)

01/12/2012 86 NOTICE of Striking 85 Amended Complaint, filed by Montgomery County Employees' Retirement Fund by Montgomery County Employees' Retirement Fund (Vianale, Julie) (Entered: 01/12/2012)

01/12/2012 87 Second AMENDED COMPLAINT against Jeffries & Co., Inc., Allen S Josephs, Ira P Kerker, Needham & Co., LLC, Oppenheimer & Co., Inc., Lawrence A Pabst, Roth Capital Partners, LLC, Richard P Smith, Robert G Trapp, Vitacost.Com , Inc. filed in response to Order Granting Motion for Leave, filed by Montgomery County Employees' Retirement Fund. (Attachments: # 1 Exhibit Exhibit A)(Vianale, Julie)

(Entered: 01/12/2012)

01/20/2012 88 *Endorsed Order: The parties shall hold a scheduling meeting and shall prepare a scheduling report (that complies with Rule 16.1(B)(2)) and a joint proposedScheduling Order, which shall be submitted to the court no later than January 31, 2012. Signed by Senior Judge Kenneth L. Ryskamp on 1/20/2012. (kdn) (Entered: 01/20/2012)

01/27/2012

01/27/2012

01/27/2012

01/31/2012

02/24/2012

02/27/2012

89 MOTION Joint Motion for Schedule for Briefing on the Motion to Dismiss the Consolidated Second Amended Class Action Complaint re 87 Amended Complaint, 85 Amended Complaint, by Jeffries & Co., Inc., Allen S Josephs, Ira P Kerker, Montgomery County Employees' Retirement Fund, Needham & Co., LLC, Oppenheimer & Co., Inc., Lawrence A Pabst, Roth Capital Partners, LLC, Richard P Smith, Robert G Trapp, Vitacost.Com, Inc.. (Attachments: # 1 Text of Proposed Order)(Coates, Joseph) (Entered: 01/27/2012)

90 Endorsed ORDER granting 89 Motion. The motions to dismiss shall be due February 24, 2012. The responses thereto shall be due March 16, 2012. The replies thereto shall be due April 6, 2012. Signed by Senior Judge Kenneth L. Ryskamp on 1/27/2012. (kdn) (Entered: 01/27/2012)

Set/Reset Deadlines/Hearings : The motions to dismiss shall be due February 24, 2012. The responses thereto shall be due March 16, 2012. The replies thereto shall be due April 6, 2012. (kdn) (Entered: 01/27/2012)

91 SCHEDULING REPORT - Rule 16.1 by Montgomery County Employees' Retirement Fund (Vianale, Julie) (Entered: 01/31/2012)

92 Joint MOTION to Dismiss 87 Amended Complaint, 85 Amended Complaint, (Second) and Memorandum of Law by Jeffries & Co., Inc., Allen S Josephs, Ira P Kerker, Needham & Co., LLC, Oppenheimer & Co., Inc., Lawrence A Pabst, Roth Capital Partners, LLC, Richard P Smith, Robert G Trapp, Vitacost.Com , Inc.. Responses due by 3/12/2012 (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)(Coates, Joseph) (Entered: 02/24/2012)

93 Clerks Notice to Filer re 92 Joint MOTION to Dismiss 87 Amended Complaint, 85 Amended Complaint, (Second) and Memorandum of Law . Document not filed in Text Searchable Format ; ERROR - The document was not filed in Text Searchable Format. All future filings must be submitted in Text Searchable format as instructed in the CM/ECF Administrative Procedure 3G(5) -Page 10-. It is not necessary to refile this document. (ral) (Entered: 02/27/2012)

02/27/2012 94 NOTICE of Attorney Appearance by Allison Beth Kernisky on behalf of Jeffries & I Co., Inc., Needham & Co., LLC, Oppenheimer & Co., Inc., Roth Capital Partners,

LLC (Kernisky, Allison) (Entered: 02/27/2012)

03/14/2012 95 ORDER Setting Hearing on Motion 92 Joint MOTION to Dismiss 87 Amended Complaint, 85 Amended Complaint, (Second) and Memorandum of Law : Motion Hearing set for 4/12/2012 10:00 AM in West Palm Beach Division before Senior Judge Kenneth L. Ryskamp.. Signed by Senior Judge Kenneth L. Ryskamp on 3/13/12. (tp) (Entered: 03/14/2012)

03/16/2012 96 RESPONSE in Opposition re 92 Joint MOTION to Dismiss 87 Amended Complaint,

04/06/2012

04/12/2012

85 Amended Complaint, (Second) and Memorandum of Law filed by Montgomery County Employees' Retirement Fund. (Vianale, Julie) (Entered: 03/16/2012)

97 REPLY to Response to Motion re 92 Joint MOTION to Dismiss 87 Amended Complaint, 85 Amended Complaint, (Second) and Memorandum of Law filed by Jeffries & Co., Inc., Allen S Josephs, Ira P Kerker, Needham & Co., LLC, Oppenheimer & Co., Inc., Lawrence A Pabst, Roth Capital Partners, LLC, Richard P Smith, Robert G Trapp, Vitacost.Com , Inc.. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13)(Coates, Joseph) (Entered: 04/06/2012)

98 Paperless Minute Entry for proceedings held before Senior Judge Kenneth L. Ryskamp: Motion Hearing held on 4/12/2012 re 92 Joint MOTION to Dismiss 87 Amended Complaint, 85 Amended Complaint, (Second) and Memorandum of Law filed by Lawrence A Pabst, Jeffries & Co., Inc., Robert G Trapp, Vitacost.Com , Inc., Richard P Smith, Oppenheimer & Co., Inc., Roth Capital Partners, LLC, Allen S Josephs, Ira P Kerker, Needham & Co., LLC. Court Reporter: Stephen Franklin, 561- 514-3768 / [email protected] (kb) (Entered: 04/12/2012)

05/10/2012 99 TRANSCRIPT of Motion to Dismiss held on 04/12/2012 before Senior Judge Kenneth L. Ryskamp, 1-58 pages, Court Reporter: Stephen Franklin, 561-514-3768 / [email protected] . Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2012. Redacted Transcript Deadline set for 6/14/2012. Release of Transcript Restriction set for 8/13/2012. (sf) (Entered: 05/10/2012)

06/12/2012 100 NOTICE of Change of Address by Joseph Clay Coates, III (Coates, Joseph) (Entered: 06/12/2012)

06/13/2012 101 Notice of Supplemental Authority re 96 Response in Opposition to Motion by Montgomery County Employees' Retirement Fund (Vianale, Julie) (Entered: 06/13/2012)

06/25/2012 102 ORDER of FINAL JUDGMENT in favor of the Defendants Vitacost.com , Ira P. Kerker, Richard P. Smith, Allen S. Josephs, Lawrence A. Pabst, Robert G. Trapp, Jefferies & Co., Inc., Oppenheimer & Co., Inc. Needham & Co., LLC and Roth Capital Partners, LLC against the Plaintiff Andrea Miyahira; Closing Case. Signed by Senior Judge Kenneth L. Ryskamp on 6/25/2012. (ls) (Entered: 06/25/2012)

06/27/2012 103 ORDER Granting re 92 Joint MOTION to Dismiss 87 Amended Complaint, 85 Amended Complaint, (Second) and Memorandum of Law filed by Lawrence A Pabst, Jeffries & Co., Inc., Robert G Trapp, Vitacost.Com , Inc., Richard P Smith, Oppenheimer & Co., Inc., Roth Capital Partners, LLC, Allen S Josephs, Ira P Kerker, Needham & Co., LLC; Dismissing Case with prejudice; Closing Case. Signed by Senior Judge Kenneth L. Ryskamp on 6/25/2012. (ls) (Entered: 06/28/2012)

07/23/2012 104 Notice of Appeal as to 103 Order, 102 Judgment, by Montgomery County Employees' Retirement Fund. Filing fee $ 455.00 receipt number 113C-4916835. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript

Information. (Vianale, Julie) (Entered: 07/23/2012)

07/24/2012

08/06/2012

08/09/2012

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 104 Notice of Appeal, (hh) (Entered: 07/24/2012)

105 TRANSCRIPT INFORMATION FORM by Montgomery County Employees' Retirement Fund re 104 Notice of Appeal,. No Transcript Requested. (Vianale, Julie) (Entered: 08/06/2012)

106 Acknowledgment of Receipt of NOA from USCA re 104 Notice of Appeal, filed by Montgomery County Employees' Retirement Fund. Date received by USCA: 8/6/12. USCA Case Number: 12-14065-AA. (hh) (Entered: 08/09/2012)

11/15/2012 107 CERTIFICATE of Readiness transmitted to USCA re 104 Notice of Appeal, filed by Montgomery County Employees' Retirement Fund, USCA # 12-14065-AA (hh) (Entered: 11/15/2012)

11/15/2012 108 Certified and Transmitted Record on Appeal to US Court of Appeals Consisting of (4) Volumes of Pleadings, (1) Volume of Transcript and (1) Accordian Folder re 104 Notice of Appeal, (hh) (Entered: 11/15/2012)

11/30/2012 109 Acknowledgment of Receipt of COR/ROA from USCA re 104 Notice of Appeal, filed by Montgomery County Employees' Retirement Fund. Date received by USCA: 11/20/12. USCA Case Number: 12-14065-AA. (hh) (Entered: 11/30/2012)

06/05/2013 110 MANDATE of USCA (certified copy) AFFIRMING judgment/order of the district court as to 104 Notice of Appeal, filed by Montgomery County Employees' Retirement Fund ; Date Issued: 6/5/13 ; USCA Case Number: 12-14065-AA (hh) (Entered: 06/06/2013)

06/14/2013 111 Appeal Record Returned from USCA (WPB/Records): Consisting of (4) Volumes of Pleadings, (1) Volume of Transcript and (1) Accordian Folder 104 Notice of Appeal, USCA # 12-14065-AA (hh) (Entered: 06/14/2013)

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