Pearlstein v. Blackberry Limited et al

Plaintiff:	Marvin Pearlstein and Pearlstein
Defendant:	Brian Bidulka, Blackberry Limited and Thorsten Heins
Lead Plaintiff:	Todd Cox & Mary Dinzik
Case Number:	1:2013cv07060
Filed:	October 4, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Thomas P Griesa
Referring Judge:	Colleen McMahon
Nature of Suit:	Securities/Commodities
Cause of Action:	15 U.S.C. § 78 m(a) Securities Exchange Act
Jury Demanded By:	Plaintiff

Date Filed	Document Text
April 6, 2022	Filing 814 ORDER granting #813 Letter Motion to Continue. SO ORDERED.. (Signed by Judge Colleen McMahon on 4/6/2022) (kv)
April 6, 2022	Filing 813 JOINT LETTER MOTION to Continue trial date addressed to Judge Colleen McMahon from Dan Marmalefsky dated April 6, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Marmalefsky, Dan)
April 5, 2022	Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 4/5/2022. Telephone conference with parties held. Submitted by: Caroline Fish. (mde)
April 5, 2022	Filing 812 LETTER MOTION for Conference seeking equal time for Plaintiffs to present their case addressed to Judge Colleen McMahon from Kim E. Miller dated 4/5/2022. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 4, 2022	Filing 811 ORDER APPROVING PLAINTIFF'S APPLICATION TO BRING EQUIPMENT INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE AT TRIAL granting #804 Motion to Approve application to bring personal electronic devices or general purpose computing devices into the courthouses; granting #805 Motion to Approve application to bring personal electronic devices or general-purpose computing devices into the courthouses. IT IS HEREBY ORDERED: 1. The Application is GRANTED. 2. Plaintiffs' trial team is permitted to bring the following equipment into the courthouse for use during the trial commencing on April 7, 2022 and continuing through the delivery of a verdict in this matter: whiteboards; samples of the products referenced in this litigation; laser pointers; carts (we have tables!), and various cables, cords, and power switches. Please coordinate with District Executive's Office, Joseph Pecorino, for equipment and access. 212-805-0500. IT IS SO ORDERED.. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)
April 4, 2022	Filing 810 ORDER REGARDING DEFENDANTS' EQUIPMENT FOR USE DURING TRIAL re: #802 LETTER MOTION for Conference ; Request for Permission to Bring Equipment and Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. IT IS HEREBY ORDERED that: 1. The Defendants and their attorneys, paralegals, assistants and consultants may bring laptop computers, remote controls for same, laser pointers, carts, (we have tables), and various cables, cords and power strips, A/B switches, samples of the products referenced in this litigation, and related equipment into the courtroom for use during the trial commencing on April 7, 2022; 2. Beginning at 2:30 p.m. on Tuesday, April 5, 2022, the Parties may have access to the courtroom to set up and test the above equipment so that the Defendants will be prepared to proceed with the trial as scheduled. Please coordinate with District Executive's Office, Joseph Pecorino, for equipment and access. 212-805-0500. IT IS SO ORDERED. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)
April 4, 2022	Filing 809 DECISION AND ORDER DENYING DEFENDANT ZIPPERSTEIN'S MOTION FOR JUDGMENT ON THE PLEADINGS re: #797 MOTION for Judgment on the Pleadings . filed by Steve Zipperstein. For the foregoing reasons, Defendant Zipperstein's motion is DENIED. The Clerk of the Court is requested to close the open motion at Docket Number 797. This constitutes the opinion and order of the Court. This is a written opinion. (Signed by Judge Colleen McMahon on 4/4/2022) BY ECF TO ALL COUNSEL (kv)
April 4, 2022	Filing 808 MEMO ENDORSEMENT on re: #796 Letter filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: This was my mistake. Defendants have 35 hours, Plaintiffs 25 hours. SO ORDERED. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)
April 1, 2022	Filing 807 LETTER addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022 re: Request for Permission to Bring Equipment and Devices into the Courthouse for Trial. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order Regarding Defendants' Equipment for Use at Trial).(Levitt, Jamie)
April 1, 2022	Filing 806 LETTER addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022 re: Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie)
April 1, 2022	Filing 805 MOTION to Approve application to bring equipment into the courthouses of the Southern District of New York for use in a trial . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)
April 1, 2022	Filing 804 MOTION to Approve application to bring personal electronic devices or general-purpose computing devices into the courthouses of the Southern District of New York for use in a proceeding or trial . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)
April 1, 2022	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jamie Levitt to RE-FILE Document #803 AMENDED LETTER MOTION for Conference ; [Corrected Version of ECF No. 801] Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from, #801 LETTER MOTION for Conference ; Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022., #802 LETTER MOTION for Conference ; Request for Permission to Bring Equipment and Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022.. Use the event type Letter found under the event list Other Documents. (db)
March 31, 2022	Filing 803 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED LETTER MOTION for Conference ; [Corrected Version of ECF No. 801] Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie) Modified on 4/1/2022 (db).
March 31, 2022	Filing 802 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference ; Request for Permission to Bring Equipment and Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order Regarding Defendants' Equipment for Use at Trial).(Levitt, Jamie) Modified on 4/1/2022 (db).
March 31, 2022	Filing 801 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference ; Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie) Modified on 4/1/2022 (db).
March 29, 2022	Filing 800 REPLY MEMORANDUM OF LAW in Support re: #797 MOTION for Judgment on the Pleadings . Defendant Steve Zipperstein's Reply Memorandum Of Law In Support Of His Motion For Judgment On The Pleadings. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Marmalefsky, Dan)
March 28, 2022	Filing 799 RESPONSE in Opposition to Motion re: #797 MOTION for Judgment on the Pleadings . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 22, 2022	Filing 798 NOTICE with respect to #797 Motion for Judgment on the Pleadings. The Plaintiffs' response to Defendants' Motion for Judgment on the Pleadings (Dkt. No. 797) is due by 5PM on Monday, March 28, 2022. Defendants' reply if any is due by noon on Wednesday, March 30.. (Signed by Judge Colleen McMahon on 3/22/2022) BY ECF TO ALL COUNSEL (kv)
March 22, 2022	Set/Reset Deadlines: Responses due by 3/28/2022 Replies due by 3/30/2022. (kv)
March 21, 2022	Filing 797 MOTION for Judgment on the Pleadings . Document filed by Steve Zipperstein. Responses due by 4/4/2022 (Attachments: #1 Memorandum of Law, #2 Declaration of Dan Marmalefsky, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E).(Marmalefsky, Dan)
March 21, 2022	Filing 796 LETTER addressed to Judge Colleen McMahon from Dan Marmalefsky dated March 21, 2022 re: Time Estimates in Order filed 3/21/2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Marmalefsky, Dan)
March 21, 2022	Filing 795 ORDER: The Court, for its rulings on the admissibility of trial exhibits, decides as follows: All entries on the parties' joint exhibit list (Dkt # 791-3, which is appended to this order as Exhibit A) are admitted into evidence. PLAINTIFFS' EXHIBITS- The following Plaintiffs' exhibits are admitted into evidence without objection: as further set forth herein. DEFENDANTS' EXHIBITS- At the final pretrial conference on March 14, 2022, Plaintiffs informed the Court that they were withdrawing their objections to all of Defendants' exhibits listed at Docket Number 792-1, except for the following, as to which the Court rules: as further set forth herein. The Court, for its rulings on Plaintiffs' objections to Defendants' deposition designations, decides as follows: as further set forth herein. As reflected in the Final Pretrial Conference transcript and the record, Defendants have withdrawn their objections to Plaintiffs' deposition designations in light of this Court's in limine order. (See Dkt. Nos. 790, 791-1, 793). The Defendants, by letter dated March 18, 2022, list the objections they preserve for the record. (See Dkt. Nos. 794, 794-2). These objections are preserved. The parties have submitted to the Court estimates of the time that they believe is needed for the examination of witnesses. The estimates approximate 36 hours for plaintiffs and 24 hours for defendants at the high end, which totals 60 hours. At six hours of testimony each trial day, this amount of questioning would consume ten full trial days, though I know we will have a couple of shorter days (certainly on April 13 and 14). I commend the parties on their hard work in paring down this case to its essentials. I will permit 60 hours of witness questioning (including deposition testimony), to be divided at 35 hours for plaintiffs and 25 hours for defendants. Allowing for slippage, I expect to be done with testimony no later than April 28, and hopefully a couple of days earlier than that. I plan to charge the jury no later than May 2, and hopefully at the end of the preceding week. This allows us to give the jurors a realistic estimate of the time required for trial and will, I hope, facilitate jury selection. (Signed by Judge Colleen McMahon on 3/21/2022) BY ECF TO ALL COUNSEL (kv)
March 18, 2022	Filing 794 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated March 18, 2022 re: Deposition Designations and Trial Exhibits. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Defendants' Depo. Designations with Pltfs' Objections Counters, #2 Defendants Preserved Objections to Plaintiffs Deposition Designations, #3 Defendants Preserved Objections to Plaintiffs Exhibits).(Beha, James)
March 15, 2022	Filing 793 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated March 15, 2022 re: Plaintiffs' Revised Objections to Defendants' Deposition Designations. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Revised Objections to Defendants' Deposition Designations).(Miller, Kim)
March 14, 2022	Filing 792 Exhibit List . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1 - Defendants' Revised Trial Exhibit List).(Beha, James)
March 14, 2022	Minute Entry for proceedings held before Judge Colleen McMahon: Final Pretrial Conference held on 3/14/2022. Final pretrial conference held. Parties counsel appeared in person. The transcript will be available on the ECF. Submitted by: Caroline Fish. (Court Reporter Andrew Walker and Paula Horovitz). (mde)
March 13, 2022	Filing 791 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated March 13, 2022 re: Second Amended Exhibits for Final Pre-trial Conference. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Plaintiffs' Second Amended Deposition Designations, #2 Exhibit B - Plaintiffs' Second Amended Trial Exhibit List, #3 Exhibit C - Second Amended Joint Trial Exhibit List).(Miller, Kim)
March 11, 2022	Filing 790 DECISION ON MOTIONS IN LIMINE terminating #605 Motion in Limine; granting #607 Motion in Limine; terminating #610 Motion in Limine; denying as moot #616 Motion in Limine; granting #619 Motion in Limine; granting #621 Motion in Limine; denying #624 Motion in Limine; denying #627 Motion in Limine; terminating #630 Motion in Limine; denying #633 Motion in Limine; terminating #636 Motion in Limine; denying #639 Motion in Limine; terminating #642 Motion in Limine; denying #645 Motion in Limine; granting #648 Motion in Limine; denying #650 Motion in Limine; granting #653 Motion in Limine; granting #656 Motion in Limine; granting in part and denying in part #658 Motion in Limine; terminating #661 Motion in Limine; granting #663 Motion in Limine; withdrawing #667 Motion in Limine; denying #671 Motion in Limine; granting #672 Motion in Limine; granting #675 Motion in Limine; denying as moot #677 Motion in Limine; denying #681 Motion in Limine; denying #684 Motion in Limine; denying #686 Motion in Limine; denying #689 Motion in Limine; terminating #692 Motion in Limine; denying #695 Motion in Limine; denying #698 Motion in Limine; granting #701 Motion in Limine; denying #704 Motion in Limine; denying #707 Motion in Limine; denying #710 Motion in Limine; granting #715 Motion in Limine. The court, for its rulings on the parties' motions in limine, decides as follows: Motion No. 1: Plaintiffs move to exclude any evidence or argument relating to a defense of advice of counsel. (Docket #642). For the reasons outlined at page 3 of the brief in support of the motion (Docket #643), any such defense has been waived and no testimony or argument concerning same will be permitted. Motion No. 2: Plaintiffs move to exclude testimony from class representatives Mary Dinzik and Todd Cox, evidence or argument "regarding the class representatives," including their failure to testify or absence from the trial. (Docket #645). The motion is denied. Motion No. 3: Plaintiffs move to exclude argument concerning aggregate damages, defendants' ability to pay, and/or the effect of a judgment for plaintiffs. (Docket #648). The motion is granted, for substantially the reasons set forth in the moving brief (see Docket #649), with this exception: assuming the number of outstanding shares is in evidence, defendants may point out to the jury the total amount of damages sought by plaintiffs in this lawsuit. Motion No. 4: Plaintiffs move to limit the cross-examination of their experts by precluding defendants from questioning them about rulings made by other judges in other cases concerning the scope of their expertise. (Docket #653). If the motion is intended to preclude defendants from introducing the rulings of other judges on other Daubert motions, it is granted. Motion No. 5: Plaintiffs move to exclude evidence or argument concerning post-class period changes in generally accepted accounting principles - specifically, changes announced eight months after the close of the class period, to go into effect four years later. (Docket #656). The motion is granted, as any such evidence has little probative value and tremendous unfair prejudicial impact. Motion No. 6: Plaintiffs move to exclude character testimony concerning the three individual defendants and other Blackberry witnesses. (Docket #658). The motion is granted in part and denied in part. Motion No. 7: Plaintiffs move to exclude evidence or argument concerning the SEC's inquiry into Blackberry's Revenue Recognition Practices and its Failure to Pursue Charges against Blackberry. (Docket #663). The motion is granted. Motion No. 8: Plaintiffs move to exclude the testimony of Barbara Stymiest. (Docket #667). By notice dated March 8, 2022 (Docket #721), Plaintiffs indicate that this motion was filed in error and should be withdrawn. It is deemed withdrawn. Motion No. 9: Plaintiffs move to exclude evidence or argument regarding a prior lawsuit brought against Research in Motion in this district (the Playbook Action). (Docket #715). The motion is granted as unopposed; as I suspected, defendants harbored no such intent. Motion No. 10: Plaintiffs move to exclude evidence or argument concerning the dismissal of any claims, theories of liability or the dismissal of former named plaintiffs Cho and Ulug. (Docket #672). Again, the motion is (not surprisingly) unopposed. It is granted. Defendants' Motions Motion No. 1: Defendants move to preclude the admission of analyst and media reports for the truth of their contents, as these third-party statements are hearsay. (Docket #605). The motion is not opposed; the parties simply disagree over when and how often the court should instruct the jury that these reports are simply offered to show that particular information was (1) out in the marketplace, and (2) available and known or should have been known to Defendants - rather than being offered for their truth. When and how often to charge the jury on this point is the province of the court. Motion No. 2: Defendants move to preclude plaintiffs from arguing about Blackberry's corporate status in a manner that might arouse prejudice. (Docket #675). To the unlikely extent that such a motion is necessary, it is granted. Motion No. 3: Defendants move to preclude plaintiffs from introducing deposition testimony from witnesses who are within the subpoena power of the court. (Docket #610). This is, or certainly should be, an unnecessary application; the rules of evidence and of civil procedure will be enforced. Motion No. 4: Defendants move to preclude testimony and argument about unrelated settlements by accounting firms and/or PCAOB examinations. (Docket #636). Decision reserved. Motion No. 5: Defendants move to preclude testimony concerning defendant Heins' post-class period employment history at a company called PowerMat, Inc. (Docket #607). The motion is unopposed, and it granted for substantially the reasons set forth in the brief in support of the motion. (See Docket #608). Motion No. 6: Defendants move to preclude the testimony of certain witnesses (Gelblum and Huff) who were not disclosed prior to the discovery cutoff in January 2020. (Docket #612). In responding to the motion, Plaintiffs coyly make the following statement: "Lead Plaintiffs... respectfully alert the court that they do not oppose Defendants' motion in limine requesting an order excluding the testimony of witnesses Plaintiffs failed to timely disclose in light of the Court's March 9, 2021 Order instructing the parties 'that no witness whose identity was not formally disclosed prior to January 31, 2020 will be allowed to testify."' (Docket #766). Motion No. 7: Defendants move to preclude testimony from non-party Rule 30(b)(6) witnesses that is not based on personal knowledge. (Docket #616). The specific target of this motion is Dana Moorehead of AT&T. The motion is not opposed, and the deposition testimony of Ms. Moorehead is no longer being offered. The motion is, therefore, moot. Motion No. 8: Defendants move to preclude testimony about attorney-client privileged communications. (Docket #619). The motion is granted. Motion No. 9: Defendants move to preclude testimony about their clients' net worth. (Docket #621). The motion is granted, except insofar as it may be deemed to cover evidence and arguments predicated on the individual defendants' compensation from and stock ownership in Blackberry, which is highly relevant to scienter. However, information about their overall net worth is excluded. Motion No. 10: Defendants move to preclude testimony or argument about executives who left Blackberry prior to the class period. (Docket #624). The motion is denied to the extent that it seeks to preclude the introduction of evidence about the success or failure of prior BlackBerry products and the fact (assuming it to be a fact) that several executives were fired for that reason. Motion No. 11: Defendants move to preclude testimony or argument about employees who left Blackberry after the close of the class period. (Docket #627). The motion is denied for substantially the reasons set forth in the brief filed in opposition to the motion. (See Docket #763). Motion No. 12: Defendants seek to preclude evidence and argument regarding criminal proceedings against James Dunham Jr. (Docket #633). The motion is denied. Motion No. 13: Defendants move to preclude references by plaintiffs to any "duty" or "obligation" to disclose "trends" regarding sell-through information and return rates, on the ground that the court dismissed with prejudice Plaintiffs' claim that Blackberry failed to comply with SEC Item 303 of Reg. S-K, 17 C.F.R. 229.303. (Docket #630) Certainly plaintiff is precluded from arguing that Blackberry violated Item 303, because Blackberry is a Canadian entity and so is not bound to comply with Item 303 - and indeed, in its responsive brief, plaintiffs have indicated that they do not intend to make any such argument and have withdrawn the deposition designations that led to the making of this motion. (See Docket #750). Motion No. 14: Defendants move to preclude one of plaintiffs' experts, Dr. Feinstein, from opining that alleged misstatements were material to the price of Blackberry's stock. (Docket #639). The motion is denied. Motion No. 15: Defendants move to exclude the introduction of specific media articles: PX 001, 003, 004, 005, 007, 012, 549,574,577 and 579. (Docket #677). Plaintiffs inform the court that they "are withdrawing the identified exhibits from their exhibit list." (See Docket #747). Therefore, the motion is moot. Motion No. 16: Defendants move to exclude evidence or argument about something they call the Draft Applied Value Power Point, and that Plaintiffs call the Applied Value Presentation. (Docket #650). Whatever you call it, the motion is denied, for substantially the reasons articulated in the brief filed in opposition to the motion. (Docket #738). Motion No. 17: Defendants move to preclude Plaintiffs' expert Thomas Lys from testifying about matters that were not comprehended in his expert report - specifically Blackberry's "valuation of its own inventory, raw materials and supply commitments." (Docket #701). The motion is unopposed. It is, therefore, granted. Motio
March 11, 2022	Filing 789 ORDER granting #761 Motion for Judson E. Lobdell to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 3/11/2022) (ate)
March 11, 2022	Filing 788 LETTER MOTION for Conference ; Request for Leave to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for the Final Pre-Trial Conference addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 11, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie)
March 11, 2022	Filing 787 MEMORANDUM OF LAW in Opposition re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 11, 2022	Filing 786 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated March 11, 2022 re: in Response to Judge McMahon's March 9, 2022 Memorandum to Trial Counsel (ECF No. 724) Regarding Defendants' Motions in Limine Nos. 22 and 23. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 11, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #761 MOTION for Judson E. Lobdell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25846130. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 10, 2022	Filing 785 MEMORANDUM OF LAW in Opposition re: #658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 10, 2022	Filing 784 DECLARATION of Erik J. Olson in Opposition re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Olson, Erik)
March 10, 2022	Filing 783 MEMORANDUM OF LAW in Opposition re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 10, 2022	Filing 782 DECLARATION of Erik J. Olson in Opposition re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Olson, Erik)
March 10, 2022	Filing 781 MEMORANDUM OF LAW in Opposition re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 10, 2022	Filing 780 RESPONSE to Motion re: #672 MOTION in Limine No. 10: to exclude evidence or argument concerning dismissal of any claims, theories of liability, or allegations and/or the dismissal of former Plaintiffs Cho and Ulug. Defendants' Statement of Non-Opposition to Motion in Limine No. 10. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 10, 2022	Filing 779 RESPONSE to Motion re: #715 MOTION in Limine No. 9: to exclude evidence or argument regarding Shemian v. Research in Motion Ltd., No. 11-cv-40568 (S.D.N.Y.). Defendants' Statement of Non-Opposition to Motion in Limine No. 9. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 10, 2022	Filing 778 MEMORANDUM OF LAW in Opposition re: #667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 10, 2022	Filing 777 MEMORANDUM OF LAW in Opposition re: #663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 10, 2022	Filing 776 MEMORANDUM OF LAW in Opposition re: #656 MOTION in Limine No. 5: to exclude evidence or argument regarding a change GAAP which occurred after the Class Period ended. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 10, 2022	Filing 775 DECLARATION of Kim E. Miller in Opposition re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - 5/13/2013 Email Correspondence, #2 Exhibit B - Barron Deposition Excerpts, #3 Exhibit C - Luelo Deposition Excerpts, #4 Exhibit D - Kearns Deposition Excerpts).(Miller, Kim)
March 10, 2022	Filing 774 MEMORANDUM OF LAW in Opposition re: #653 MOTION in Limine No. 4: to exclude evidence or argument concerning previous Daubert rulings in unrelated matters regarding Plaintiffs experts in this case. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 10, 2022	Filing 773 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #787) MEMORANDUM OF LAW in Opposition re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/11/2022 (lb).
March 10, 2022	Filing 772 DECLARATION of Kim E. Miller in Opposition re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - 5/13/2013 Email Correspondence, #2 Exhibit B - Holtz Deposition Excerpts, #3 Exhibit C - Luelo Deposition Excerpts, #4 Errata D - Kearns Deposition Excerpts).(Miller, Kim)
March 10, 2022	Filing 771 DECLARATION of Christin J. Hill in Opposition re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Hill, Christin)
March 10, 2022	Filing 770 MEMORANDUM OF LAW in Opposition re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 769 MEMORANDUM OF LAW in Opposition re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 10, 2022	Filing 768 MEMORANDUM OF LAW in Opposition re: #692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 767 MEMORANDUM OF LAW in Opposition re: #686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 766 RESPONSE to Motion re: #612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 765 MEMORANDUM OF LAW in Opposition re: #619 MOTION in Limine No. 8 - to Preclude Questioning as to Privileged Attorney-Client Communications. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 764 DECLARATION of Kim E. Miller in Opposition re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Heins Deposition Excerpts, #2 Exhibit B - Barron Deposition Excerpts, #3 Exhibit C - Powell Deposition Excerpts).(Miller, Kim)
March 10, 2022	Filing 763 MEMORANDUM OF LAW in Opposition re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 762 MEMORANDUM OF LAW in Opposition re: #684 MOTION in Limine No. 21 - to Preclude Evidence or Argument Seeking to Impose Liability on Mr. Zipperstein and Mr. Bidulka for Statements They Were Not Alleged to Have Made in the Second Amended Complaint. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 761 MOTION for Judson E. Lobdell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25846130. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of Judson E. Lobdell in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Lobdell, Judson)
March 10, 2022	Filing 760 MEMORANDUM OF LAW in Opposition re: #698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 759 MEMORANDUM OF LAW in Opposition re: #661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 758 RESPONSE to Motion re: #701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 757 RESPONSE to Motion re: #616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 756 RESPONSE to Motion re: #607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 755 RESPONSE to Motion re: #610 MOTION in Limine No. 3 - to Preclude Introduction at Trial of Deposition Testimony for Witnesses Who Will Be Available to Testify Live and/or Who Are Within the Subpoena Jurisdiction of the Court. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 754 MEMORANDUM OF LAW in Opposition re: #675 MOTION in Limine No. 2 - to Preclude Argument or Questioning that Would Tend to Arouse Prejudice Against Defendants Merely Because Blackberry is a Corporation. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 753 RESPONSE to Motion re: #605 MOTION in Limine No. 1 - to Preclude Admission of Analyst and Media Reports for the Truth of Their Contents. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 752 DECLARATION of Kim E. Miller in Opposition re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Feinstein Deposition Excerpts, #2 Exhibit B - Ferrell Report Excerpts).(Miller, Kim)
March 10, 2022	Filing 751 MEMORANDUM OF LAW in Opposition re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 750 MEMORANDUM OF LAW in Opposition re: #630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends". . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 749 MEMORANDUM OF LAW in Opposition re: #689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 748 MEMORANDUM OF LAW in Opposition re: #710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 747 RESPONSE to Motion re: #677 MOTION in Limine No. 15 - to Exclude Specific Media Articles. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 746 MEMORANDUM OF LAW in Opposition re: #621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 745 DECLARATION of Kim E. Miller in Opposition re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452).. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - 5/23/2013 E&Y Meeting Agenda, #2 Exhibit B - 6/3/2013 Channel Inventory Policy).(Miller, Kim)
March 10, 2022	Filing 744 MEMORANDUM OF LAW in Opposition re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452). . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 743 DECLARATION of Kim E. Miller in Opposition re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - PX-010 (History of Smartphones), #2 Exhibit B - JX-439 (Excerpt of 3/28/2013 Earnings Call), #3 Exhibit C - PX-005 (OS 7 Phones), #4 Exhibit D - PX-002 (1/16/2011 FY13 Handheld AOP)).(Miller, Kim)
March 10, 2022	Filing 742 MEMORANDUM OF LAW in Opposition re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 741 DECLARATION of Kim E. Miller in Opposition re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - PX-566 (2013 PCAOB Inspection of E&Y), #2 Exhibit B - Lundie Deposition Excerpts).(Miller, Kim)
March 10, 2022	Filing 740 MEMORANDUM OF LAW in Opposition re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 739 DECLARATION of Kim E. Miller in Opposition re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Applied Value PowerPoint, #2 Exhibit B - 6/28/2013 Email Correspondence, #3 Exhibit C - 7/20/2013 Email Correspondence).(Miller, Kim)
March 10, 2022	Filing 738 MEMORANDUM OF LAW in Opposition re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 737 ORDER granting #727 Letter Motion for Leave to File Document. Be my guest! Motion granted.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)
March 10, 2022	Filing 736 DECLARATION of Kim E. Miller in Opposition re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr... Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Dunham Deposition Excerpt).(Miller, Kim)
March 10, 2022	Filing 735 MEMORANDUM OF LAW in Opposition re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr.. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 734 MEMORANDUM OF LAW in Opposition re: #681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 733 MEMORANDUM OF LAW in Opposition re: #671 MOTION in Limine No. 19 - to Preclude Plaintiffs from (a) Introducing Evidence Concerning the State of Mind of Any Non-Defendant and (b) Arguing or Suggesting That the State of Mind of Any Non-Defendant Can Be Imputed to Blackberry for the Purpos . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 10, 2022	Filing 732 ORDER granting #614 Motion for Garrett Brawley to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 3/10/2022) (ate)
March 10, 2022	Filing 731 ORDER FOR ADMISSION PRO HAC VICE granting #720 Motion for Russell S. Post to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. A 11 attorneys appearing before this Cou1i are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)
March 10, 2022	Filing 730 ORDER FOR ADMISSION PRO HAC VICE granting #719 Motion for Charles R. Flores to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)
March 10, 2022	Filing 729 ORDER FOR ADMISSION PRO HAC VICE granting #718 Motion for Madison Young to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)
March 9, 2022	Filing 728 LETTER MOTION for Conference ; Request for Leave to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for the Final Pre-Trial Conference addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 9, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie)
March 9, 2022	Filing 727 CONSENT LETTER MOTION for Leave to File Exhibits G and I to the Amended [Proposed] Joint Pretrial Order addressed to Judge Colleen McMahon from Kim E. Miller dated March 9, 2022. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit G - Plaintiffs' Amended Deposition Designations, #2 Exhibit I - Defendants' Amended Deposition Designations).(Miller, Kim)
March 9, 2022	Filing 726 MOTION to Approve APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL-PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)
March 9, 2022	Filing 725 NOTICE OF APPEARANCE by Melissa Hope Harris on behalf of Todd Cox & Mary Dinzik..(Harris, Melissa)
March 9, 2022	Filing 724 MEMORANDUM FROM THE COURT TO TRIAL COUNSEL: I have some information that I thought it prudent to share with you at this point. In Limine Motions: I spent yesterday reading the briefs filed on the ten motions in limine that were filed by plaintiffs and the twenty-nine motions in limine that were filed by defendants. I expect responsive papers, in the form of short briefs, to be filed by Friday at noon at the latest; please make sure to deliver a hard copy of those papers in my chambers by noon Friday, as well as filing on ECF. Assuming the papers come in on time, you will have your rulings on these evidentiary matters on Friday night. As is my custom with in limine rulings, they will be brief and to the point. The rulings are final; I will not entertain reeargument at the final pretrial conference on Monday or at any time thereafter. And I will accept no more in limine motions so don't bother making any; they will be summarily denied as untimely. Some things you should know right now. For example, I can tell you that Defendants' Motion No. 21 will be denied because it is not a proper motion in limine - it seeks an adjudication of non-liability rather than being addressed to the admissibility of evidence. As to certain others - specifically Defendants' Motions No. 22 and 23 - until Defendants identify each and every bit of designated deposition testimony that falls within the parameters of Motion No. 22, or each and every individual document that they seek to preclude pursuant to Motion No. 23, I cannot possibly make any sort of ruling, and I will not make a general ruling that leaves room for argument during the trial, which wastes the jury's time. I can also tell you that no witness whose identity was not formally disclosed prior to January 31, 2020 will be allowed to testify - both sides apparently hope to offer testimony from such witnesses -- and that the contents of the expert reports as limited by the Daubert rulings constrain the testimony that expert witnesses will be allowed to give. If knowing that cuts down on the need to file a response, the better for your respective clients. Final Pre-Trial Conference: Let me set out the parameters of next week's conference at some length, so no one will be surprised. We will commence at 9:30 AM on Monday. First we will go over the list of witnesses - starting with plaintiffs' witnesses, then defendants' witnesses. As I think I told you, at a civil trial I only expect a witness to testify once, even if both sides are calling that witness. Counsel must be prepared to tell me what each witness will be called to testify about and how long direct is expected to take. While I will consider your estimates, and any estimates about cross examination, in setting time limits, I have already decided that I will allocate a precise number of days for this trial, and I will be dividing time accordingly. I will make those calculations and give you your time limits after the conference. After that we will turn to the exhibits. To the extent that exhibits have not been admitted or precluded in the in limine rulings (a very small subset of your overly large proposed exhibit list), we will go through them exhibit by exhibit. Those to which no objection is lodged will simply be admitted. Those to which objection has been lodged will be the subject of brief argument and an immediate ruling on their admissibility. I would strongly suggest that, between now and Monday, you pare your lists to include only those exhibits that you will be discussing with the jury during your closing argument. Not everything on which experts rely in formulating opinions needs to be admitted into evidence; it simply needs to be available for use on cross examination. Be advised that expert reports will not be admitted into evidence; they may be used for impeachment or refreshment of recollection, but the expert testimony will come from the mouths of the witnesses. Were this a bench trial it would be otherwise. Then we will proceed to the deposition designations of witnesses other than party witnesses (whose deposition testimony is admissible for any purpose). I will rule on each objection to a designation so that we know precisely what deposition testimony is coming in as evidence on someone's case in chief (not for impeachment on cross). To the extent that there are objections to questions in the deposition testimony of witnesses who are not being called to testify live, I will rule on those objections so that appropriate transcripts can be prepared in advance of jury selection. Obviously, you will have to sit there while I read the designated testimony in light of the objection. Please understand that time it takes to read or play deposition testimony (including dealing with any technical glitches) will count toward your time for presenting your case. Given the number of witnesses you propose to call, the number of exhibits you have designated and the amount of deposition testimony you are designating, it appears that this conference will take a very long time indeed. We will begin Monday morning. We will take a short break for lunch. I will have to let the court reporter go at 6 PM, but we will revert at that point to recording the session, and we will obtain transcript of the recording when the court reporters are able to get to it. We will take no more than one half hour for a break at 6 PM; then we will reconvene. If we are not done by 10 PM, you will be expected to be back in my courtroom the next morning at 9:30 AM. However, I have other matters on my calendar on Tuesday, so you will be interwoven with the rest of my calendar (only Monday belongs entirely to you). If we don't finish on Tuesday by 6 PM, we will continue on Wednesday. In other words, you should consider yourselves as being on trial starting on Monday, March 14 and we proceed from day to day until we conclude all of these preliminary matters. And they will be concluded. If some trial counsel have other obligations they cannot change, someone else must step in to replace them. I strongly advise you to spend the time between now and next Monday thinking about how you are really going to try your case in the 15 total trial days, commencing on Friday, April 8 and ending on Tuesday, April 26, that I will allow you. You can and should prune your witness and your exhibit lists to the people you are really going to call and the exhibits you are really going to discuss and emphasize with the jurors ("key exhibits," which you will be expected to designate in advance of the trial). You should be able to get down to a reasonable number of witnesses and amount of deposition testimony. This is actually not such a complicated case; it can easily be tried in the number of days I am allotting for opening statements and the introduction of evidence. Trial days will be April 8, 11, 12, 13, 14 (the 13th and 14th we will only work until 4 PM), 18, 19, 20, 21, 22, 25, 26 and 27. You will be expected to deliver your closing argument on the morning of Thursday, April 27 and I expect to charge that afternoon. We will take a special verdict on a statement by statement and defendant by defendant basis. Issues for Trial: As I held in denying defendants' motion for summary judgment: "The central triable issue is the issue of whether Blackberry misrepresented the success and profitability of its BB 10 products to the investing public." The Second Circuit held, in affirming Judge Griesa, that mere misjudgments about accounting methodology, without more, would not be sufficient to support a verdict for Plaintiff. That does not make the accounting issue irrelevant, but it does render them non-dispositive. The jury will be advised that they must return a defendants' verdict if all plaintiffs prove is that "sell by" accounting would have better explained Blackberry's financial situation to the investing public. Now that the court has reviewed the challenged public statements against more of the evidence, it has become apparent that this really is, for the most part, a classic securities fraud case. It involves not so much Omicron issues (statement of opinion that are, in certain circumstances, actionable) as alleged misrepresentations or omissions of fact that were contradicted by what Blackberry's principals allegedly knew to be true - issues that are in the case as a result of Plaintiffs' discovery of additional evidence after the dismissal of their original complaint, which is one of the bases on which Judge Griesa granted them leave to amend. Settlement Discussions: I do not know whether the parties are interested in pursuing settlement. I never involve myself in settlement discussions. My senior law clerk, Jim O'Neill - who serves rather more like a law secretary in the New York State Supreme Court - is available to conduct settlement discussions; he has achieved remarkable success at settling extremely complex, bit dollar cases. He will be available while you are here next week; and while I will not halt proceedings to accommodate settlement discussions, if you have an interest in such discussions, we can proceed on two tracks simultaneously. If you have no interest in settlement, so be it. I am here to try cases. (Signed by Judge Colleen McMahon on 3/9/2022) BY ECF TO ALL COUNSEL (kv)
March 9, 2022	Filing 723 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/9/2022 (km).
March 9, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #718 MOTION for Madison Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25832780. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 9, 2022	***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Jamie Levitt re: Document #723 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or Genral Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (km)
March 9, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #720 MOTION for Russell S. Post to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25833304. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 9, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #719 MOTION for Charles R. Flores to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-25833202. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 8, 2022	Filing 722 MOTION to Approve APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL-PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)
March 8, 2022	Filing 721 NOTICE of Withdrawal of Plaintiffs' Motion in Limine No. 8 to Exclude Barbara Stymiest as a Witness at Trial re: #667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial.. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 8, 2022	Filing 720 MOTION for Russell S. Post to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25833304. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Russell S. Post in Support of Pro Hac Vice Admission, #2 Exhibit The Supreme Court of Texas - Certificate of Good Standing, #3 Text of Proposed Order Order for Admission - Pro Hac Vice).(Post, Russell)
March 8, 2022	Filing 719 MOTION for Charles R. Flores to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-25833202. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Charles R. Flores in Support of Pro Hac Vice Admission, #2 Exhibit The Supreme Court of Texas - Certificate of Good Standing, #3 Text of Proposed Order Order for Admission - Pro Hac Vice).(Flores, Charles)
March 8, 2022	Filing 718 MOTION for Madison Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25832780. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Madison Young in Support of Pro Hac Vice Admission, #2 Exhibit The Supreme Court of Texas - Certificate of Good Standing, #3 Text of Proposed Order Order for Admission - Pro Hac Vice).(Young, Madison)
March 8, 2022	Filing 717 MEMORANDUM OF LAW in Support re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. (Corrected Version of ECF No. 708). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 8, 2022	Filing 716 MEMORANDUM OF LAW in Support re: #715 MOTION in Limine No. 9: to exclude evidence or argument regarding Shemian v. Research in Motion Ltd., No. 11-cv-40568 (S.D.N.Y.). . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 8, 2022	Filing 715 MOTION in Limine No. 9: to exclude evidence or argument regarding Shemian v. Research in Motion Ltd., No. 11-cv-40568 (S.D.N.Y.). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 8, 2022	Filing 714 MEMORANDUM OF LAW in Support re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 8, 2022	Filing 713 NOTICE: The parties have until 12pm on Friday, March 11, 2022 to file any response to the pending motions in limine. Responses due by 3/11/2022 (Signed by Judge Colleen McMahon on 3/8/2022) BY ECF TO ALL COUNSEL (kv)
March 8, 2022	Filing 712 MEMORANDUM OF LAW in Support re: #710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 8, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #614 MOTION for Garrett Brawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25827155. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 7, 2022	Filing 711 DECLARATION of James J. Beha II in Support re: #710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (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).(Beha, James)
March 7, 2022	Filing 710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 7, 2022	Filing 709 DECLARATION of Erik J. Olson in Support re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Olson, Erik)
March 7, 2022	Filing 708 MEMORANDUM OF LAW in Support re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 706 DECLARATION of Christina L. Golden Ademola in Support re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452).. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Golden Ademola, Christina)
March 7, 2022	Filing 705 MEMORANDUM OF LAW in Support re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452). . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 703 DECLARATION of James J. Beha II in Support re: #701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Beha, James)
March 7, 2022	Filing 702 MEMORANDUM OF LAW in Support re: #701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 7, 2022	Filing 701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 7, 2022	Filing 700 DECLARATION of James J. Beha II in Support re: #698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Beha, James)
March 7, 2022	Filing 699 MEMORANDUM OF LAW in Support re: #698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 7, 2022	Filing 698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 7, 2022	Filing 697 DECLARATION of Erik J. Olson in Support re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (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).(Olson, Erik)
March 7, 2022	Filing 696 MEMORANDUM OF LAW in Support re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 694 DECLARATION of Christin J. Hill in Support re: #692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Hill, Christin)
March 7, 2022	Filing 693 MEMORANDUM OF LAW in Support re: #692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 691 DECLARATION of Christin J. Hill in Support re: #689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Hill, Christin)
March 7, 2022	Filing 690 MEMORANDUM OF LAW in Support re: #689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 688 DECLARATION of Erik J. Olson in Support re: #686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Olson, Erik)
March 7, 2022	Filing 687 MEMORANDUM OF LAW in Support re: #686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 685 MEMORANDUM OF LAW in Support re: #684 MOTION in Limine No. 21 - to Preclude Evidence or Argument Seeking to Impose Liability on Mr. Zipperstein and Mr. Bidulka for Statements They Were Not Alleged to Have Made in the Second Amended Complaint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 684 MOTION in Limine No. 21 - to Preclude Evidence or Argument Seeking to Impose Liability on Mr. Zipperstein and Mr. Bidulka for Statements They Were Not Alleged to Have Made in the Second Amended Complaint. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 683 DECLARATION of Christina L. Golden Ademola in Support re: #681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Golden Ademola, Christina)
March 7, 2022	Filing 682 MEMORANDUM OF LAW in Support re: #681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 680 PROPOSED PRE-TRIAL ORDER. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Plaintiffs' Amended Contentions, #2 Exhibit B - Defendants' Contentions, #3 Exhibit C - Plaintiffs' Amended Exhibit List, #4 Exhibit D - Defendants' Amended Exhibit List, #5 Exhibit E - Amended Joint Exhibit List, #6 Exhibit F - Plaintiffs' Amended Witness List, #7 Exhibit H - Defendants' Amended Witness List).(Miller, Kim)
March 7, 2022	Filing 679 DECLARATION of James J. Beha II in Support re: #677 MOTION in Limine No. 15 - to Exclude Specific Media Articles.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (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).(Beha, James)
March 7, 2022	Filing 678 MEMORANDUM OF LAW in Support re: #677 MOTION in Limine No. 15 - to Exclude Specific Media Articles. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 7, 2022	Filing 677 MOTION in Limine No. 15 - to Exclude Specific Media Articles. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
March 7, 2022	Filing 676 MEMORANDUM OF LAW in Support re: #675 MOTION in Limine No. 2 - to Preclude Argument or Questioning that Would Tend to Arouse Prejudice Against Defendants Merely Because Blackberry is a Corporation. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 675 MOTION in Limine No. 2 - to Preclude Argument or Questioning that Would Tend to Arouse Prejudice Against Defendants Merely Because Blackberry is a Corporation. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 674 MEMORANDUM OF LAW in Support re: #671 MOTION in Limine No. 19 - to Preclude Plaintiffs from (a) Introducing Evidence Concerning the State of Mind of Any Non-Defendant and (b) Arguing or Suggesting That the State of Mind of Any Non-Defendant Can Be Imputed to Blackberry for the Purpos . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 673 MEMORANDUM OF LAW in Support re: #672 MOTION in Limine No. 10: to exclude evidence or argument concerning dismissal of any claims, theories of liability, or allegations and/or the dismissal of former Plaintiffs Cho and Ulug. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 672 MOTION in Limine No. 10: to exclude evidence or argument concerning dismissal of any claims, theories of liability, or allegations and/or the dismissal of former Plaintiffs Cho and Ulug. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 671 MOTION in Limine No. 19 - to Preclude Plaintiffs from (a) Introducing Evidence Concerning the State of Mind of Any Non-Defendant and (b) Arguing or Suggesting That the State of Mind of Any Non-Defendant Can Be Imputed to Blackberry for the Purpose of Establishing Scienter. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 670 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #716) MEMORANDUM OF LAW in Support re: #669 MOTION in Limine No. 9: to exclude evidence or argument regarding In Re Research in Motion Limited Sec. Litig., No. 11-CV-40568. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/8/2022 (lb).
March 7, 2022	Filing 669 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #715) MOTION in Limine No. 9: to exclude evidence or argument regarding In Re Research in Motion Limited Sec. Litig., No. 11-CV-40568. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/8/2022 (lb).
March 7, 2022	Filing 668 MEMORANDUM OF LAW in Support re: #667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 666 DECLARATION of Kim E. Miller in Support re: #663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B).(Miller, Kim)
March 7, 2022	Filing 665 DECLARATION of Jamie A. Levitt in Support re: #661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Levitt, Jamie)
March 7, 2022	Filing 664 MEMORANDUM OF LAW in Support re: #663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 662 MEMORANDUM OF LAW in Support re: #661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)
March 7, 2022	Filing 661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)
March 7, 2022	Filing 660 DECLARATION of Kim E. Miller in Support re: #658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Miller, Kim)
March 7, 2022	Filing 659 MEMORANDUM OF LAW in Support re: #658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 657 MEMORANDUM OF LAW in Support re: #656 MOTION in Limine No. 5: to exclude evidence or argument regarding a change GAAP which occurred after the Class Period ended. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 656 MOTION in Limine No. 5: to exclude evidence or argument regarding a change GAAP which occurred after the Class Period ended. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 655 DECLARATION of Christina L. Golden Ademola in Support re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Golden Ademola, Christina)
March 7, 2022	Filing 654 MEMORANDUM OF LAW in Support re: #653 MOTION in Limine No. 4: to exclude evidence or argument concerning previous Daubert rulings in unrelated matters regarding Plaintiffs experts in this case. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 653 MOTION in Limine No. 4: to exclude evidence or argument concerning previous Daubert rulings in unrelated matters regarding Plaintiffs experts in this case. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 652 MEMORANDUM OF LAW in Support re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 651 DECLARATION of Kim E. Miller in Support re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Miller, Kim)
March 7, 2022	Filing 650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 649 MEMORANDUM OF LAW in Support re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 647 DECLARATION of Kim E. Miller in Support re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A).(Miller, Kim)
March 7, 2022	Filing 646 MEMORANDUM OF LAW in Support re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testify and/or absence from the trial. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 644 DECLARATION of Kim E. Miller in Support re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B).(Miller, Kim)
March 7, 2022	Filing 643 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #714) MEMORANDUM OF LAW in Support re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/8/2022 (lb).
March 7, 2022	Filing 642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
March 7, 2022	Filing 641 DECLARATION of Jamie A. Levitt in Support re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Levitt, Jamie)
March 7, 2022	Filing 640 MEMORANDUM OF LAW in Support re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)
March 7, 2022	Filing 639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)
March 7, 2022	Filing 638 DECLARATION of Christin J. Hill in Support re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Hill, Christin)
March 7, 2022	Filing 637 MEMORANDUM OF LAW in Support re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 635 DECLARATION of Erik J. Olson in Support re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr... Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Olson, Erik)
March 7, 2022	Filing 634 MEMORANDUM OF LAW in Support re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr.. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 632 DECLARATION of Christin J. Hill in Support re: #630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends".. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Hill, Christin)
March 7, 2022	Filing 631 MEMORANDUM OF LAW in Support re: #630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends". . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends". Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 629 DECLARATION of Erik J. Olson in Support re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Olson, Erik)
March 7, 2022	Filing 628 MEMORANDUM OF LAW in Support re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 626 DECLARATION of Erik J. Olson in Support re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Olson, Erik)
March 7, 2022	Filing 625 MEMORANDUM OF LAW in Support re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 623 DECLARATION of Erik J. Olson in Support re: #621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Olson, Erik)
March 7, 2022	Filing 622 MEMORANDUM OF LAW in Support re: #621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 620 MEMORANDUM OF LAW in Support re: #619 MOTION in Limine No. 8 - to Preclude Questioning as to Privileged Attorney-Client Communications. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 619 MOTION in Limine No. 8 - to Preclude Questioning as to Privileged Attorney-Client Communications. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 618 DECLARATION of Christin J. Hill in Support re: #616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Hill, Christin)
March 7, 2022	Filing 617 MEMORANDUM OF LAW in Support re: #616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)
March 7, 2022	Filing 615 DECLARATION of Christina L. Golden Ademola in Support re: #612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Golden Ademola, Christina)
March 7, 2022	Filing 614 MOTION for Garrett Brawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25827155. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Garrett Brawley, #2 Exhibit Exhibit A, #3 Text of Proposed Order).(Brawley, Garrett)
March 7, 2022	Filing 613 MEMORANDUM OF LAW in Support re: #612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
March 7, 2022	Filing 611 MEMORANDUM OF LAW in Support re: #610 MOTION in Limine No. 3 - to Preclude Introduction at Trial of Deposition Testimony for Witnesses Who Will Be Available to Testify Live and/or Who Are Within the Subpoena Jurisdiction of the Court. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)
March 7, 2022	Filing 610 MOTION in Limine No. 3 - to Preclude Introduction at Trial of Deposition Testimony for Witnesses Who Will Be Available to Testify Live and/or Who Are Within the Subpoena Jurisdiction of the Court. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)
March 7, 2022	Filing 609 DECLARATION of Erik J. Olson in Support re: #607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Olson, Erik)
March 7, 2022	Filing 608 MEMORANDUM OF LAW in Support re: #607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 7, 2022	Filing 606 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #714) MEMORANDUM OF LAW in Support re: #605 MOTION in Limine No. 1 - to Preclude Admission of Analyst and Media Reports for the Truth of Their Contents. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik) Modified on 3/8/2022 (lb).
March 7, 2022	Filing 605 MOTION in Limine No. 1 - to Preclude Admission of Analyst and Media Reports for the Truth of Their Contents. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)
March 3, 2022	Filing 604 ENDORSED LETTER addressed to TO ALL COUNSEL IN: Pearlstein v. Blackberry Limited et al. from Judge McMahon dated 3/3/2022 re: I am pleased to report that we have been assigned April 7 (Thursday) as our jury selection date. We will select in my courtroom, which Courtroom 24A it the Daniel Patrick Moynihan Courthouse. Revised COVID protocols mean that we can accommodate as many as 40 jurors for jury selection in that room. As soon as we have a jury (and while your trial will not be as long as you think it will be - time limits on your presentations will be discussed at the final pretrial conference -- I anticipate selection will take a while, as we will have a number of opt outs due to the length of the proceeding), we will proceed to opening statements and evidence. Contrary to my usual rules, we will sit five days a week until the trial is concluded. We will start at 9:30 AM each day and we will break at 5 PM unless I have a criminal matter that I must hear at 4:30. The only exception is that we will break on Wednesday and Thursday, April 13 and 14, at 4 PM, and we will not sit on Friday, April 15, which is both Good Friday and the First Seder (conveniently, they coincide this year). We will resume on Monday, April 18. I am leaving the country on Friday, May 13, and we need to conclude the trial (by conclude I mean conclude - as in, reach a verdict) a week earlier than that, so that I can attend to other matters prior to my departure. If you run out of witnesses prior to the end of the trial day, the next words you should be prepared to say are, "We rest." Plan accordingly. Because this is a civil trial, we listen to witnesses once and once only. This means that both sides should be prepared to question a witness fully when s/he takes the stand. I will be assigning you a number of hours for each side to be on its feet questioning, whether on direct or on cross. That is the amount of time you will have. I am a strict timekeeper. It will take you less time than you think to try this case. We will hold our final pre-trial conference on Monday, March 14 starting at 10 AM. At that conference, we will go over the witness lists, and I will rule on all your objections to the introduction of exhibits. It is my custom to pre-admit exhibits so that we do not consume jury time with ritualistic matters that can easily be resolved prior to trial. I rather imagine that you have "over-objected" to your opponent's exhibits - everyone does, though it is a practice I view with distaste -- but be advised that you must be prepared to argue every objection, in 25 words or less, on March 14. Between now and then, please go over your objections and eliminate any frivolous ones, because you will not be leaving the courthouse for any reason until we are quite done with rulings on objections, and maintaining frivolous objections could keep you here well into the evenmg. Each side will have one half hour (30 minutes) for opening statements. You can factor that into your thinking now because at 30 minutes you will be asked to take your seat. If you start to argue your case during your opening, I will also ask you to be seated. Tailor your remarks accordingly. I will decide on the length of closing arguments after hearing the evidence, but you are unlikely to have more than one hour. All other matters we will take up on March 14. I look forward to seeing you then. ( Final Pretrial Conference set for 3/14/2022 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 3/3/2022) BY ECF TO ALL COUNSEL (kv)
February 28, 2022	Filing 603 ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #590 Motion for Christin J. Hill to Appear Pro Hac Vice. The motion to admit Christin J. Hill as counsel pro hac vice in the above-captioned case is granted. The admitted attorney, Christin J. Hill, is permitted to argue or try this particular case in whole or in part as counsel for defendants Blackberry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein. This Order becomes effective upon the Court's receipt of the required $200.00 fee and confirms the appearance of Christin J. Hill as counsel of record in this case. A notation of the admission of Christin J. Hill pro hac vice in the above-captioned case will be made on the roll of attorneys.. (Signed by Judge Colleen McMahon on 2/28/2022) (kv)
February 28, 2022	Filing 602 ORDER granting #589 Motion for Erik J. Olson to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/28/2022) (ate)
February 28, 2022	Filing 601 ORDER granting #592 Motion for David J. Beck to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/28/2022) (ate)
February 28, 2022	Filing 600 ORDER FOR ADMISSION PRO HAC VICE granting #591 Motion for Fields Alexander to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 2/28/2022) (kv)
February 28, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #591 MOTION for Fields Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780117. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 28, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #592 MOTION for David J. Beck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780272. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 25, 2022	Filing 599 PROPOSED PRE-TRIAL ORDER. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Plaintiffs' Contentions, #2 Exhibit B - Defendants' Contentions, #3 Exhibit C - Plaintiffs' Exhibit List, #4 Exhibit D - Defendants' Exhibit List, #5 Exhibit E - Joint Exhibit List, #6 Exhibit F - Plaintiffs' Witness List, #7 Exhibit G - Plaintiffs' Initial Designations, #8 Exhibit H - Plaintiffs' Objections to Defendants' Designations, #9 Exhibit I - Plaintiffs' Objections to Defendants' Counters, #10 Exhibit J - Defendants' Witness List, #11 Exhibit K - Defendants' Initial Designations, #12 Exhibit L - Defendants' Objections to Designations).(Miller, Kim)
February 25, 2022	Filing 598 REQUEST TO CHARGE. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
February 25, 2022	Filing 597 NOTICE of Draft Verdict Form. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)
February 25, 2022	Filing 596 PROPOSED VOIR DIRE QUESTIONS. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
February 25, 2022	Filing 595 NOTICE of Draft Verdict Form. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
February 25, 2022	Filing 594 PROPOSED VOIR DIRE QUESTIONS. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Proposed Juror Questionnaire).(Miller, Kim)
February 25, 2022	Filing 593 REQUEST TO CHARGE. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
February 25, 2022	Filing 592 MOTION for David J. Beck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Affidavit of D. Beck and Cert of Good Standing, #2 Text of Proposed Order).(Beck, David)
February 25, 2022	Filing 591 MOTION for Fields Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780117. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Affidavit of F. Alexander and Cert of Good Standing, #2 Text of Proposed Order).(Alexander, Fields)
February 24, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #589 MOTION for Erik J. Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772888. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 24, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #590 MOTION for Christin J. Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772910. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 23, 2022	Filing 590 MOTION for Christin J. Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772910. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of Christin J. Hill in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Hill, Christin)
February 23, 2022	Filing 589 MOTION for Erik J. Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772888. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of Erik J. Olson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Olson, Erik)
February 23, 2022	Filing 588 ORDER APPROVING BECK REDDEN LLP AS ADDITIONAL TRIAL COUNSEL granting #581 Motion to Approve Approve Beck Redden LLP as Additional Trial Counsel; granting #585 Letter Motion to Expedite. Upon consideration of Lead Plaintiffs and Class Representatives Todd Cox and Mary Dinzik's ("Lead Plaintiffs") Unopposed Motion to Approve Beck Redden LLP as Additional Trial Counsel, IT IS HEREBY ORDERED: 1. The motion is GRANTED. 2. Beck Redden LLP is hereby approved as additional trial counsel for Lead Plaintiffs and the Class. To All Parties: I still do not know whether we got the early April trial date. I will let you know as soon as the trial schedule comes out. But there were a record number of trial requests for this quarter. IT IS ORDERED.. (Signed by Judge Colleen McMahon on 2/23/2022) (kv)
February 22, 2022	Filing 587 NOTICE OF APPEARANCE by Christina L. Golden Ademola on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)
February 22, 2022	Filing 586 NOTICE OF APPEARANCE by Jamie A. Levitt on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)
February 22, 2022	Filing 585 LETTER MOTION to Expedite Consideration of Unopposed Motion to Approve Beck Redden LLP as Additional Trial Counsel addressed to Judge Colleen McMahon from Kim E. Miller dated February 22, 2022. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
February 22, 2022	Filing 584 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #581 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
February 22, 2022	Filing 583 DECLARATION of Kim E. Miller in Support re: #581 CONSENT MOTION to Approve Beck Redden LLP as Additional Trial Counsel .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Beck Redden LLP Firm Resume).(Miller, Kim)
February 22, 2022	Filing 582 MEMORANDUM OF LAW in Support re: #581 CONSENT MOTION to Approve Beck Redden LLP as Additional Trial Counsel . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
February 22, 2022	Filing 581 CONSENT MOTION to Approve Beck Redden LLP as Additional Trial Counsel . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
February 22, 2022	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #584 Proposed Order was reviewed and approved as to form. (km)
February 8, 2022	Filing 580 ORDER OF WITHDRAWAL OF STEVEN T. RAPPOPORT: Upon consideration of the motion to withdraw the appearance of Steven T. Rappaport, this Court orders that Mr. Rappaport be withdrawn as counsel of record from this case, and further orders that Mr. Rappaport be removed from the Court's electronic service list. SO ORDERED. (Signed by Judge Colleen McMahon on 2/8/2022) (kv)
February 8, 2022	Filing 579 MEMO ENDORSEMENT granting #578 Motion to Withdraw as Attorney. ENDORSEMENT: Granted, remove Mr. Rappoport's name from notification list. SO ORDERED. Attorney Steven Thomas Rappoport terminated. (Signed by Judge Colleen McMahon on 2/8/2022) (kv)
February 4, 2022	Filing 578 MOTION for Steven T. Rappoport to Withdraw as Attorney . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration in Support of Motion to Withdraw as Counsel of Record, #2 Text of Proposed Order).(Rappoport, Steven)
February 2, 2022	Filing 577 READY FOR TRIAL ORDER, This case is now ready for trial. Because I inherited this case from the docket of a deceased colleague, the parties did not prepare this case for trial in accordance with my normal rules. As a result, they filed summary judgment motions without simultaneously filing a joint pre-trial order. The parties are hereby ORDERED to prepare and file a Joint PreTrial Order in accordance with this court's rules. The order is to be docketed no later than Friday, February 25, 2022. Additionally, the parties are hereby ORDERED to provide my deputy clerk, Mariela de Jesus, with a proposed witness list and an estimate of the length of the trial by next Tuesday, February 8, 2022. The court will almost certainly set its own time limits for this trial, but when I do that I like to have the parties' estimate of how long they think the trial will take. The court intends to ask the Clerk to assign us a jury selection date during the first two weeks of April. As this case is nearly ten years old, I imagine we will qualify for priority in the selection process. Of course, I do not have the power to assign a firm trial date because of the continuing COVID crisis, so we must abide by the decision of the Trial Assignment team. But the parties should be preparing for trial starting in the first two weeks of April. None of these dates is negotiable. None of these dates will be adjourned. The age of this case is such that it needs to be resolved as soon as possible. If the parties are interested in talking settlement, we will facilitate that. However, settlement talks will not delay trial preparation. (Pretrial Order due by 2/25/2022.) (Signed by Judge Colleen McMahon on 2/2/2022) BY ECF TO ALL COUNSEL (kv)
January 25, 2022	Filing 576 ORDER DENYING DEFENDANT STEVE ZIPPERSTEIN'S MOTION FOR RECONSIDERATION re: #574 MOTION for Reconsideration re; #573 Memorandum & Opinion,,,,, . filed by Steve Zipperstein. Zipperstein's motion fails to satisfy the standard for granting reconsideration. The Court has already explained in its decision that scienter is a question for the jury in this case. (See Dkt. No. 573, at 18-19); see also In re Celestica Inc. Sec. Litig., 2014 WL 4160216, at *10 ("The fact intensive nature of a sci enter inquiry often militates against granting judgment as a matter of law"). The question of whether Zipperstein acted with scienter is a material issue of fact that is disputed. (See e.g., Dkt. No. 547,J,J 151, 153, 154). While Zipperstein claims that the Court "overlooked" evidence that shows he is a distinguished professional who acted in good faith and not with scienter, the Court did not overlook this evidence. Unfortunately for Zipperstein, there is evidence that goes the other way. For example, Plaintiffs point to evidence that Zipperstein drafted Blackberry's denial of the Detwiler report (see Dkt. No. 546-22), which included statements that return rates of the Zl0 devices were below forecasts, but Plaintiffs contend that Zipperstein knew the statements were untrue because he had previously received a presentation that the global return rate for the Zl0 was higher than that of the Blackberry 7, above target levels, and "trending" upward. (See e.g., Dkt. No. 547 at,i 151 (citing Pl. Ex. 182, BBPearlstein_00859742)). The jury will make the ultimate determination on scienter. This constitutes the opinion and order of the court. It is a written opinion. The Clerk is directed to close the motion at Docket Number 574. (Signed by Judge Colleen McMahon on 1/25/2022) BY ECF TO ALL COUNSEL (kv)
January 18, 2022	Filing 575 MEMORANDUM OF LAW in Support re: #574 MOTION for Reconsideration re; #573 Memorandum & Opinion,,,,, . . Document filed by Steve Zipperstein..(Beha, James)
January 18, 2022	Filing 574 MOTION for Reconsideration re; #573 Memorandum & Opinion,,,,, . Document filed by Steve Zipperstein..(Beha, James)
January 3, 2022	Filing 573 MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION TO STRIKE re: #557 MOTION to Strike Document No. #547 . filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #506 MOTION for Summary Judgment . filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. For the foregoing reasons, the Defendant's motion to strike is DENIED, and Defendants' motion for summary judgment is DENIED. The parties will be contacted by the court when a trial date is assigned; how long we will continue on centralized scheduling is a function of pandemic related developments. Criminal trials must and will take precedence as long as the court has to request trial dates from the Clerk; and criminal cases will continue to take precedence even after the court is able to resume control over its calendar. Because of the age of the case, once I get control of my own trial calendar, I will prioritize finding a place for it; but right now, my best guess is that this case will go to trial in September or October of 2022. This constitutes the opinion and order of the court. It is a written opinion. The Clerk is directed to close the motions at Docket Numbers 506 and 557. (Signed by Judge Colleen McMahon on 1/3/2022) BY ECF TO ALL COUNSEL (kv)
December 27, 2021	Filing 572 NOTICE of Filing of Proof of Dissemination and Publication of Notice of Pendency of Class Action re: #569 Order on Motion to Approve,,,,. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit of Luiggy Segura, #2 Exhibit A - Sample Postcard Notice, #3 Exhibit B - Proof of Publication, #4 Exhibit C - Exclusion Requests).(Miller, Kim)
October 13, 2021	Filing 571 NOTICE OF APPEARANCE by Lester L. Levy, Sr on behalf of Marvin Pearlstein..(Levy, Lester)
September 14, 2021	Filing 570 LETTER addressed to Judge Colleen McMahon from James J. Beha dated September 14, 2021 re: Letter in Response to Plaintiffs September 10, 2014 Letter (ECF No. 568). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
September 10, 2021	Filing 569 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF NOTICE OF PENDENCY OF CLASS ACTION #563 Motion to Approve. 1. The motion is GRANTED. 2. The proposed form and content of the Notice of Pendency of Class Action (the "Notice") (see Miller Deel., Ex. A) comports with the mandate of Federal Rule of Civil Procedure 23(c)(2)(B), in that it plainly states the nature of the action, the definition of the Class certified, the Class's claims, issues or defenses, and advises each member of the Class that: (i) the Court will exclude from the Class any member who requests exclusion by a specified date; (ii) the judgement, whether favorable or not, will include all members who do not request exclusion; and (iii) any member who does not request exclusion may, if the member desires, enter an appearance through counsel. The form and substance of the Notice is therefore approved. (As further set forth in this Order.) This Order may be modified by the Court upon motion by either or both Parties, for good cause shown. (Signed by Judge Colleen McMahon on 9/10/2021) (cf)
September 10, 2021	Filing 568 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated September 10, 2021 re: Supplemental Authority. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - SEPTA Opinion).(Miller, Kim)
September 10, 2021	Filing 567 ORDER GRANTING IN PART AND DENYING IN PART PARTIES' DAUBERT MOTIONS #498 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . ; granting in part and denying in part #500 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . ; granting in part and denying in part #512 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . ; granting in part and denying in part #514 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . The motions to exclude the opinions and potential testimony of Professor Thomas Lys, Philip Schimmel, Professor Tlin Erdem, and Professor Itamar Simonson are granted in part and denied in part in accordance with this opinion. The Clerk of Court is respectfully directed to close Dkt. Nos. 498, 500, 512, and 514. (As further set forth in this Order.). (Signed by Judge Colleen McMahon on 9/10/2021) (cf)
August 13, 2021	Filing 566 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #563 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
August 13, 2021	Filing 565 DECLARATION of Kim E. Miller in Support re: #563 MOTION to Approve Notice of Pendency of Class Action .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Notice, #2 Exhibit B - Summary Notice, #3 Exhibit C - Postcard Notice).(Miller, Kim)
August 13, 2021	Filing 564 MEMORANDUM OF LAW in Support re: #563 MOTION to Approve Notice of Pendency of Class Action . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
August 13, 2021	Filing 563 MOTION to Approve Notice of Pendency of Class Action . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
August 13, 2021	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #566 Proposed Order was reviewed and approved as to form. (km)
August 10, 2021	Filing 562 REPLY MEMORANDUM OF LAW in Support re: #557 MOTION to Strike Document No. #547 . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
August 5, 2021	Filing 561 MEMORANDUM OF LAW in Opposition re: #557 MOTION to Strike Document No. #547 . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
July 26, 2021	Filing 560 LETTER addressed to Judge Colleen McMahon from James J. Beha dated July 26, 2021 re: Letter in Response to Plaintiffs July 26, 2021 Letter (ECF No. 559). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
July 26, 2021	Filing 559 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated July 26, 2021 re: Briefing on Defendants' Motion to Strike. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
July 22, 2021	Filing 558 REPLY MEMORANDUM OF LAW in Support re: #506 MOTION for Summary Judgment . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of James J. Beha in Further Support, #2 Exhibit A to Beha Declaration, #3 Exhibit B to Beha Declaration, #4 Exhibit C to Beha Declaration, #5 Exhibit D to Beha Declaration).(Beha, James)
July 22, 2021	Filing 557 MOTION to Strike Document No. #547 . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Memorandum of Law in Support of Motion to Strike, #2 Declaration of James J. Beha in Support of Motion to Strike, #3 Exhibit A to Beha Declaration, #4 Exhibit B to Beha Declaration, #5 Exhibit C to Beha Declaration, #6 Exhibit D to Beha Declaration, #7 Exhibit E to Beha Declaration).(Beha, James)
July 8, 2021	Filing 556 MEMO ENDORSEMENT on re: #555 Letter, filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: No Reply Briefs on Daubert motions. I will not consider it. (Signed by Judge Colleen McMahon on 7/8/2021) (cf)
July 7, 2021	Filing 555 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated July 7, 2021 re: Response to Plaintiffs July 7, 2021 letter regarding the filing of reply briefs in support of the pending Daubert motions [ECF No. 554]. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
July 7, 2021	Filing 554 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated July 7, 2021 re: Daubert motions. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
July 6, 2021	Filing 553 STIPULATION AND ORDER REGARDING FILING DATE FOR DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT: WHEREAS, pursuant to the Court's February 16, 2021 Order, the deadline for Plaintiffs to file their Opposition to Defendants' Motion for Summary Judgment was set for June 18, 2021, and Defendants' deadline to file their Reply in Support of Defendants' Motion for Summary Judgment was set for July 19, 2021 (Dkt. No. 492); as further set forth in this Order. (Signed by Judge Colleen McMahon on 7/6/2021) (cf)
June 23, 2021	Filing 552 PROPOSED STIPULATION AND ORDER. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
June 23, 2021	Filing 551 MANDATE of USCA (Certified Copy) USCA Case Number 21-243. Petitioners request, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the district courts order granting Respondents' motion for class certification, and move for leave to file a reply. The Washington Legal Foundation and the Chamber of Commerce of the United States of America both move for leave to file amicus briefs. Upon due consideration, it is hereby ORDERED that the motions for leave to file a reply and amicus briefs are GRANTED, but the Rule 23(f) petition is DENIED because an immediate appeal is not warranted... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/23/2021..(nd)
June 21, 2021	Filing 550 DECLARATION of Kim E. Miller in Opposition re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Dr. Erdem deposition excerpts, #2 Exhibit B - Dr. Lys Corrected Report, #3 Exhibit C - Dr. Lys deposition excerpts, #4 Exhibit D - Schimmel deposition excerpts).(Miller, Kim)
June 21, 2021	Filing 549 MEMORANDUM OF LAW in Opposition re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 21, 2021	Filing 548 MEMORANDUM OF LAW in Opposition re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 21, 2021	Filing 547 COUNTER STATEMENT TO #508 Rule 56.1 Statement. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 21, 2021	Filing 546 DECLARATION of Kim E. Miller in Opposition re: #506 MOTION for Summary Judgment .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, #140 Exhibit 140, #141 Exhibit 141, #142 Exhibit 142, #143 Exhibit 143, #144 Exhibit 144, #145 Exhibit 145, #146 Exhibit 146, #147 Exhibit 147, #148 Exhibit 148, #149 Exhibit 149, #150 Exhibit 150, #151 Exhibit 151, #152 Exhibit 152, #153 Exhibit 153, #154 Exhibit 154, #155 Exhibit 155, #156 Exhibit 156, #157 Exhibit 157, #158 Exhibit 158, #159 Exhibit 159, #160 Exhibit 160, #161 Exhibit 161, #162 Exhibit 162, #163 Exhibit 163, #164 Exhibit 164, #165 Exhibit 165, #166 Exhibit 166, #167 Exhibit 167, #168 Exhibit 168, #169 Exhibit 169, #170 Exhibit 170, #171 Exhibit 171, #172 Exhibit 172, #173 Exhibit 173, #174 Exhibit 174, #175 Exhibit 175, #176 Exhibit 176, #177 Exhibit 177, #178 Exhibit 178, #179 Exhibit 179, #180 Exhibit 180, #181 Exhibit 181, #182 Exhibit 182, #183 Exhibit 183, #184 Exhibit 184, #185 Exhibit 185, #186 Exhibit 186, #187 Exhibit 187, #188 Exhibit 188, #189 Exhibit 189, #190 Exhibit 190, #191 Exhibit 191, #192 Exhibit 192, #193 Exhibit 193, #194 Exhibit 194, #195 Exhibit 195, #196 Exhibit 196, #197 Exhibit 197, #198 Exhibit 198, #199 Exhibit 199, #200 Exhibit 200, #201 Exhibit 201, #202 Exhibit 202, #203 Exhibit 203, #204 Exhibit 204, #205 Exhibit 205, #206 Exhibit 206, #207 Exhibit 207, #208 Exhibit 208, #209 Exhibit 209, #210 Exhibit 210, #211 Exhibit 211, #212 Exhibit 212, #213 Exhibit 213, #214 Exhibit 214, #215 Exhibit 215, #216 Exhibit 216, #217 Exhibit 217, #218 Exhibit 218, #219 Exhibit 219, #220 Exhibit 220, #221 Exhibit 221, #222 Exhibit 222, #223 Exhibit 223, #224 Exhibit 224, #225 Exhibit 225, #226 Exhibit 226, #227 Exhibit 227, #228 Exhibit 228, #229 Exhibit 229, #230 Exhibit 230, #231 Exhibit 231, #232 Exhibit 232, #233 Exhibit 233, #234 Exhibit 234, #235 Exhibit 235, #236 Exhibit 236, #237 Exhibit 237, #238 Exhibit 238, #239 Exhibit 239, #240 Exhibit 240, #241 Exhibit 241, #242 Exhibit 242, #243 Exhibit 243, #244 Exhibit 244, #245 Exhibit 245, #246 Exhibit 246, #247 Exhibit 247, #248 Exhibit 248, #249 Exhibit 249, #250 Exhibit 250, #251 Exhibit 251, #252 Exhibit 252, #253 Exhibit 253, #254 Exhibit 254, #255 Exhibit 255, #256 Exhibit 256, #257 Exhibit 257, #258 Exhibit 258, #259 Exhibit 259, #260 Exhibit 260, #261 Exhibit 261, #262 Exhibit 262, #263 Exhibit 263, #264 Exhibit 264, #265 Exhibit 265, #266 Exhibit 266, #267 Exhibit 267, #268 Exhibit 268, #269 Exhibit 269, #270 Exhibit 270, #271 Exhibit 271).(Miller, Kim)
June 21, 2021	Filing 545 MEMORANDUM OF LAW in Opposition re: #506 MOTION for Summary Judgment . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 21, 2021	Filing 544 DECLARATION of James J. Beha II in Opposition re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, Part A, #6 Exhibit 5, Part B, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12).(Beha, James)
June 21, 2021	Filing 543 MEMORANDUM OF LAW in Opposition re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
June 21, 2021	Filing 542 DECLARATION of James J. Beha II in Opposition re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)
June 21, 2021	Filing 541 MEMORANDUM OF LAW in Opposition re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
May 26, 2021	Filing 540 ORDER terminating #503 Motion to Seal; terminating #509 Motion to Seal; terminating #526 Motion to Seal. In light of the parties' responses to the Court's inquiry regarding whether certain documents filed under seal need to be kept under seal (Dkt. No. 531), the Court is satisfied that there are no objections to the unsealing of such documents. Accordingly, the Clerk is directed to make publicly available Dkt. Nos. 505, 515, 517, and 528. The Clerk is also directed to remove the motions at Dkt. No. 503, 509, and 526 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 5/26/2021) (mml)
May 26, 2021	Filing 539 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated May 26, 2021 re: May 5, 2021 Order Temporarily Granting Motions to Seal and Directing Response From Third Party Witnesses Ernst and Young, U.S. Cellular, and T-Mobile (ECF No. 531). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
May 26, 2021	Filing 538 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated May 26, 2021 re: ORDER TEMPORARILY GRANTING MOTIONS TO SEAL AND DIRECTING RESPONSE FROM THIRD PARTY WITNESSES (Dkt. No. 531). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
May 11, 2021	Filing 537 ORDER granting #535 Letter Motion to Adjourn Conference. Application granted. (Signed by Magistrate Judge Katharine H. Parker on 5/11/2021) (mro)
May 11, 2021	Filing 536 ORDER terminating #460 Motion to Seal. In light of Plaintiff's motion (Dkt. No. 460) which sought to make publicly available an umedacted version of the Loss Causation and Damages Report of Steven Feinstein; and given Defendants' letter of 5/10/21 offering no objection to the Feinstein report being publicly available, the Clerk is directed to unseal Dkt. No. 466. The Clerk is also directed to remove the motion at Dkt. No. 460 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 5/11/2021) (cf)
May 11, 2021	Filing 535 JOINT LETTER MOTION to Adjourn Conference Scheduled for May 19, 2021 addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated May 11, 2021. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
May 10, 2021	Filing 534 CERTIFICATE OF SERVICE of Order Temporarily Granting Motions to Seal and Directing Response From Third Party Witnesses served on Ernst and Young LLP Canada, U.S. Cellular, T-Mobile, AT&T, and Verizon Wireless on 5/10/21. Service was made by Email. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
May 10, 2021	Filing 533 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated 05/10/2021 re: Letter in Response to the Courts May 5, 2021 Order to Show Case (ECF No. 532). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
May 5, 2021	Filing 532 ORDER TO SHOW CAUSE WHY THE FEINSTEIN REPORT FILED IN CONNECTION WITH THE PREVIOUSLY DECIDED CLASS CERTIFICATION MOTION SHOULD NOT BE IMMEDIATELY UNSEALED: Defendants have until 5 PM on Friday, May 14, 2021 to submit to the court a document that explains, on a line by line basis, why any portion of the Feinstein Report should remain under seal. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 5/5/2021) (cf)
May 5, 2021	Filing 531 ORDER TEMPORARILY GRANTING MOTIONS TO SEAL AND DIRECTING RESPONSE FROM THIRD PARTY WITNESSES ERNST AND YOUNG, U.S. CELLULAR, AND T-MOBILE: In order to facilitate the making of that decision: All parties may temporarily file under seal any document submitted in connection with their summary judgment motions and responses, or related Daubert motions, that contain what I will call "Third Party Confidential Material." A hard copy of any document containing redactions must be provided to chambers. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 5/5/2021) (cf)
May 5, 2021	Filing 530 MANDATE of USCA (Certified Copy) as to #392 Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug, #423 Amended Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug. USCA Case Number 19-3376. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/05/2021. (Attachments: #1 Opinion).(nd)
May 5, 2021	Transmission of USCA Mandate to the District Judge re: #530 USCA Mandate,..(nd)
April 20, 2021	Filing 529 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated 4/20/2021 re: Courtesy Copies. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 20, 2021	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #519 Proposed Order was reviewed and approved as to form. (dt)
April 20, 2021	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #520 Proposed Order was reviewed and approved as to form. (dt)
April 20, 2021	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #511 Proposed Order was reviewed and approved as to form. (dt)
April 19, 2021	Filing 528 *SELECTED PARTIES*DECLARATION of James J. Beha II in Support re: #506 MOTION for Summary Judgment .. Document filed by Thorsten Heins, Steve Zipperstein, Brian Bidulka, Blackberry Limited, Omar Ahmed, Mark Katz, National Economic Research Associates, Inc., Marvin Pearlstein, The BlackBerry Limited Investor Group, Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit 4 (Sealed), #2 Exhibit 14 (Sealed), #3 Exhibit 23 (Sealed), #4 Exhibit 37 (Sealed), #5 Exhibit 108 (Sealed), #6 Exhibit 181 (Sealed))Motion or Order to File Under Seal: #526 .(Beha, James)
April 19, 2021	Filing 527 MEMORANDUM OF LAW in Support re: #526 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motion for Summary Judgment. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 526 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motion for Summary Judgment. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 525 DECLARATION of Barbara Stymiest in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 524 DECLARATION of Brian J. Bidulka in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 523 DECLARATION of Steven E. Zipperstein in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 522 DECLARATION of Thorsten Heins in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 521 DECLARATION of James J. Beha II in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Redacted), #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 (Redacted), #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 (Redacted), #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37 (Redacted), #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108 (Redacted), #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, #140 Exhibit 140, #141 Exhibit 141, #142 Exhibit 142, #143 Exhibit 143, #144 Exhibit 144, #145 Exhibit 145, #146 Exhibit 146, #147 Exhibit 147, #148 Exhibit 148, #149 Exhibit 149, #150 Exhibit 150, #151 Exhibit 151, #152 Exhibit 152, #153 Exhibit 153, #154 Exhibit 154, #155 Exhibit 155, #156 Exhibit 156, #157 Exhibit 157, #158 Exhibit 158, #159 Exhibit 159, #160 Exhibit 160, #161 Exhibit 161, #162 Exhibit 162, #163 Exhibit 163, #164 Exhibit 164, #165 Exhibit 165, #166 Exhibit 166, #167 Exhibit 167, #168 Exhibit 168, #169 Exhibit 169, #170 Exhibit 170, #171 Exhibit 171, #172 Exhibit 172, #173 Exhibit 173, #174 Exhibit 174, #175 Exhibit 175, #176 Exhibit 176, #177 Exhibit 177, #178 Exhibit 178, #179 Exhibit 179, #180 Exhibit 180, #181 Exhibit 181 (Redacted), #182 Exhibit 182, #183 Exhibit 183, #184 Exhibit 184, #185 Exhibit 185, #186 Exhibit 186, #187 Exhibit 187, #188 Exhibit 188, #189 Exhibit 189, #190 Exhibit 190, #191 Exhibit 191, #192 Exhibit 192, #193 Exhibit 193, #194 Exhibit 194, #195 Exhibit 195).(Beha, James)
April 19, 2021	Filing 520 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #514 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
April 19, 2021	Filing 519 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #512 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
April 19, 2021	Filing 518 DECLARATION of Kim E. Miller in Support re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Simonson Report, #2 Errata B - Erdem Report [REDACTED], #3 Exhibit C - Keiningham Report, #4 Exhibit D - Schimmel Report [REDACTED], #5 Exhibit E - Lys Report [REDACTED], #6 Exhibit F - Schimmel Deposition Excerpts).(Miller, Kim)
April 19, 2021	Filing 517 *SELECTED PARTIES*DECLARATION of Kim E. Miller in Support re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel .. Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A - Simonson Report, #2 Exhibit B - Erdem Report, #3 Exhibit C - Keiningham Report, #4 Exhibit D - Schimmel Report, #5 Exhibit E - LYs Report, #6 Exhibit F - Schimmel Deposition Excerpts)Motion or Order to File Under Seal: #509 .(Miller, Kim)
April 19, 2021	Filing 516 MEMORANDUM OF LAW in Support re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . [REDACTED]. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 19, 2021	Filing 515 *SELECTED PARTIES* MEMORANDUM OF LAW in Support re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . . Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. Motion or Order to File Under Seal: #509 .(Miller, Kim)
April 19, 2021	Filing 514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 19, 2021	Filing 513 MEMORANDUM OF LAW in Support re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 19, 2021	Filing 512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 19, 2021	Filing 511 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #509 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
April 19, 2021	Filing 510 MEMORANDUM OF LAW in Support re: #509 MOTION to Seal . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 19, 2021	Filing 509 MOTION to Seal . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
April 19, 2021	Filing 508 RULE 56.1 STATEMENT. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 507 MEMORANDUM OF LAW in Support re: #506 MOTION for Summary Judgment . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 506 MOTION for Summary Judgment . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. Responses due by 6/18/2021.(Beha, James)
April 19, 2021	Filing 505 *SELECTED PARTIES*DECLARATION of James J. Beha II in Support re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem .. Document filed by Thorsten Heins, Steve Zipperstein, Brian Bidulka, Blackberry Limited, Omar Ahmed, Mark Katz, National Economic Research Associates, Inc., Marvin Pearlstein, The BlackBerry Limited Investor Group, Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A (Sealed), #2 Exhibit D (Sealed), #3 Exhibit N (Sealed))Motion or Order to File Under Seal: #503 .(Beha, James)
April 19, 2021	Filing 504 MEMORANDUM OF LAW in Support re: #503 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motions to Exclude Expert Opinion and Testimony of Dr. Thomas Lys and Dr. Tulin Erdem. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 503 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motions to Exclude Expert Opinion and Testimony of Dr. Thomas Lys and Dr. Tulin Erdem. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 502 DECLARATION of James J. Beha II in Support re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P).(Beha, James)
April 19, 2021	Filing 501 MEMORANDUM OF LAW in Support re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 499 MEMORANDUM OF LAW in Support re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 19, 2021	Filing 498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
April 15, 2021	Filing 497 MEMO ENDORSEMENT on re: #496 Letter filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 4/15/2021) (cf)
April 12, 2021	Filing 496 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated 4/12/2012 re: page limits for all Summary Judgment Briefs. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
February 23, 2021	Filing 495 ORDER OF WITHDRAWAL OF CLAIRE GUNNER, ESQ. granting #493 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Claire Gunner, Esq., this Court orders that Ms. Gunner be withdrawn as counsel of record from this case, and further orders that Ms. Gunner be removed from the Court's electronic service list. Attorney Claire Gunner terminated. (Signed by Magistrate Judge Katharine H. Parker on 2/23/2021) (mro)
February 19, 2021	Filing 494 DECLARATION of James J. Beha II in Support re: #493 MOTION for Claire Gunner to Withdraw as Attorney .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
February 19, 2021	Filing 493 MOTION for Claire Gunner to Withdraw as Attorney . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order).(Beha, James)
February 16, 2021	Filing 492 MEMO ENDORSEMENT on re: #491 Letter filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: GRANTED. The schedule will be as follows: Deadline for Dispositive Motions: April 19, 2021, Deadline for Oppositions to Dispositive Motions: June 18, 2021, Deadline for Replies in Support of Dispositive Motions: July 19, 2021. (Motions due by 4/19/2021. Responses due by 6/18/2021. Replies due by 7/19/2021.) (Signed by Judge Colleen McMahon on 2/16/2021) (mml)
February 15, 2021	Filing 491 JOINT LETTER addressed to Judge Colleen McMahon from James J. Beha II dated February 15, 2021 re: Schedule for Dispositive Motions. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
February 8, 2021	Filing 490 ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Wednesday, May 19, 2021 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than May 12, 2021 by 5:00 p.m. ( Telephone Conference set for 5/19/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/8/2021) (mro)
February 8, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 2/8/2021. AT&T Conference Line. (ca)
February 5, 2021	NOTICE TO COUNSEL: REMINDER of telephonic Case Management conference scheduled for Monday, February 8, 2021 at 2:00 p.m. Please dial (866) 434-5269 Code: 4858267 re: #489 Order.(ca)
January 27, 2021	Filing 489 ORDER SCHEDULING TELEPHONIC CASE MANAGEMENT CONFERENCE: A telephonic Case Management conference in this matter is hereby scheduled for Monday, February 8, 2021 at 2:00 p.m. The parties are directed to call into the court conference line at the scheduled time. Please dial (866) 434-5269 Code: 4858267. ( Telephone Conference set for 2/8/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/27/2021) (mro)
January 26, 2021	Filing 488 ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION granting #463 Motion to Certify Class. Plaintiffs' motion to certify a class, appoint class representatives, and appoint class counsel is granted in accordance with this opinion. The class is modified to exclude true in-and-out traders as stated above. The Clerk of Court is respectfully directed to close Dkt. No. 463. BY ECF TO ALL PARTIES. (Signed by Judge Colleen McMahon on 1/26/2021) (ks)
October 1, 2020	Filing 487 MEMO ENDORSEMENT on #486 denying #485 Letter Motion for Leave to File Document. ENDORSEMENT: No surreply. (Signed by Judge Colleen McMahon on 10/1/2020) (mml)
September 30, 2020	Filing 486 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated September 30, 2020 re: Defendants' Letter Motion for Surreply (ECF 485). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
September 30, 2020	Filing 485 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Colleen McMahon from James J. Beha II dated September 30, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
September 28, 2020	Filing 484 DECLARATION of Kim E. Miller in Support re: #463 MOTION to Certify Class .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Miller, Kim)
September 28, 2020	Filing 483 REPLY MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class . and in Response to Opposition Filed by Defendant Steve Zipperstein (ECF No. 477). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
September 28, 2020	Filing 482 REPLY MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class . and in Response to Opposition Filed by Defendants BlackBerry Limited, Thorsten Heins, and Brian Bidulka (ECF No. 476). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
September 9, 2020	Filing 481 LETTER addressed to TO ALL COUNSEL IN: Pearlstein v. Blackberry Limited, 13 Civ. 7060 (CM)(KHP) from Judges McMahon and Parker dated 9/9/2020 re: In an effort to expedite this very old matter, and in recognition of the fact that careful attention could not be paid over the past few months, we have consulted and made the following decisions: 1. Chief Judge McMahon will handle the class certification motion rather than having Magistrate Judge Parker deliver a Report and Recommendation. The briefing schedule set by Magistrate Judge Parker, which calls for briefing to be completed by September 28, will remain in place. Please do not ask for any extensions or adjournments. None will be granted. There will be no oral argument unless Chief Judge McMahon decides that one is necessary; the October 8 date set by Magistrate Judge Parker for oral argument is cancelled. 2. Briefing on the summary judgment motions will be deferred until the class certification motion has been decided. Once that happens, Chief Judge McMahon will set the briefing schedule, and it will likely be a short schedule. (The following hearing(s) was terminated: Oral Argument). (rjm)
August 23, 2020	Filing 480 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from James J. Beha II dated 08/23/2020 re: #479 LETTER MOTION for Conference addressed to Judge Colleen McMahon from Kim E. Miller dated August 21, 2020. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
August 21, 2020	Filing 479 LETTER MOTION for Conference addressed to Judge Colleen McMahon from Kim E. Miller dated August 21, 2020. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
August 10, 2020	Filing 478 DECLARATION of James J. Beha II in Opposition re: #463 MOTION to Certify Class .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Beha, James)
August 10, 2020	Filing 477 MEMORANDUM OF LAW in Opposition re: #463 MOTION to Certify Class . . Document filed by Steve Zipperstein..(Beha, James)
August 10, 2020	Filing 476 MEMORANDUM OF LAW in Opposition re: #463 MOTION to Certify Class . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins..(Beha, James)
July 20, 2020	Filing 475 NOTICE OF CHANGE OF ADDRESS by Kim Elaine Miller on behalf of Todd Cox & Mary Dinzik. New Address: Kahn Swick & Foti, LLC, 250 Park Avenue, 7th Floor, New York, New York, United States 10177, (212) 696-3730..(Miller, Kim)
June 11, 2020	Filing 474 SCHEDULING ORDER granting #471 Letter Motion for Extension of Time. Defendants' request for an extension of the briefing schedule (ECF Nos. 471-472) is GRANTED on Plaintiff's consent (ECF No. 472). Defendants' opposition to Plaintiffs' Motion for Class Certification is due on August 10, 2020. Plaintiffs' reply is due September 28, 2020. Oral argument and, if requested, testimony, on Plaintiffs' Motion will proceed, as scheduled, on October 8, 2020 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Katharine H. Parker on 6/11/2020) (mro)
June 11, 2020	Set/Reset Deadlines: Responses due by 8/10/2020 Replies due by 9/28/2020. (mro)
June 10, 2020	Filing 473 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated June 10, 2020 re: Defendants' Letter Motion and Subsequent Corrective Letter (ECF Nos. 471, 472). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 10, 2020	Filing 472 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated June 10, 2020 re: Correction to ECF No. 471. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
June 10, 2020	Filing 471 LETTER MOTION for Extension of Time / Modification of Briefing Schedule for Plaintiffs Motion for Class Certification, Appointment of Class Representatives, and Appointment of Class Counsel addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated June 10, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
June 9, 2020	Filing 470 NOTICE OF APPEARANCE by Steven Thomas Rappoport on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Rappoport, Steven)
June 8, 2020	Filing 469 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated June 8, 2020 re: Courtesy Copies of Motion to Seal and Motion to Certify Class. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 8, 2020	Filing 468 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #463 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
June 8, 2020	Filing 467 DECLARATION of Kim E. Miller in Support re: #463 MOTION to Certify Class ., #460 MOTION to Seal .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A [REDACTED], #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Miller, Kim)
June 8, 2020	Filing 466 *SELECTED PARTIES*DECLARATION of Kim E. Miller in Support re: #463 MOTION to Certify Class ., #460 MOTION to Seal .. Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #460 .(Miller, Kim)
June 8, 2020	Filing 465 MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class ., #460 MOTION to Seal . [REDACTED]. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 8, 2020	Filing 464 *SELECTED PARTIES* MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class . . Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. Motion or Order to File Under Seal: #460 .(Miller, Kim)
June 8, 2020	Filing 463 MOTION to Certify Class . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 8, 2020	Filing 462 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #460 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
June 8, 2020	Filing 461 MEMORANDUM OF LAW in Support re: #460 MOTION to Seal . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 8, 2020	Filing 460 MOTION to Seal . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
June 8, 2020	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #462 Proposed Order, #468 Proposed Order was reviewed and approved as to form. (ad)
May 29, 2020	Filing 459 ORDER GRANTING LEAD PLAINTIFFS' MOTION TO REMOVE CASE FROM SUSPENSE CALENDAR AND REQUESTING PERMISSION TO FILE NEW CLASS CERTIFICATION MOTION IN LIGHT OF SECOND CIRCUIT DECISION IN GOLDMAN granting #447 Motion to Remove from Suspense Docket. THIS COURT, having considered Lead Plaintiffs' Motion to Remove Case from Suspense Calendar and Requesting Permission to File New Class Certification Motion in Light of Second Circuit Decision in Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc., 955 F.3d 254 (2d Cir. 2010), and the accompanying memorandum in support, HEREBY ORDERS as follows: 1. This action is removed from the Suspense Calendar; and 2. Lead Plaintiffs may file their new class certification motion on or before June 12, 2020. IT IS SO ORDERED. (Signed by Judge Colleen McMahon on 5/29/2020) (mml)
May 29, 2020	Set/Reset Deadlines: Motions due by 6/12/2020. (mml)
May 26, 2020	Filing 458 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 5/11/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
May 26, 2020	Filing 457 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/11/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2020. Redacted Transcript Deadline set for 6/26/2020. Release of Transcript Restriction set for 8/24/2020..(McGuirk, Kelly)
May 23, 2020	Filing 456 ORDER granting #455 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
May 22, 2020	Filing 455 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated 05/22/2020. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
May 11, 2020	Filing 454 SCHEDULING ORDER: Expert Discovery due by 11/13/2020. Plaintiffs' expert reports due 5/29/2020. Defendants to identify new subject experts by 6/29/2020. Defendants' rebuttal expert reports and opening expert reports by 8/12/2020. Plaintiffs' reply expert reports due 9/10/2020. Plaintiffs to serve rebuttal reports by 9/25/2020. Defendants reply expert reports due 10/23/2020. Expert depositions to take place between 10/1-11/13/2020. Moving class certification brief due 5/29/2020. Opposition due 7/31/2020. Reply due 9/18/2020. Oral Argument and evidentiary hearing (if requested by Court) set for 10/8/2020 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
May 11, 2020	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 5/11/2020. Court reporter Paula Speer was present for purposes of transcript. (kgo)
May 8, 2020	Filing 453 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated May 8, 2020 re: Mootness of Topics Raised in Defendants' Letter (ECF No. 452). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
May 8, 2020	Filing 452 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 05/08/2020 re: Response to Lead Plaintiffs letter (ECF No. 450) and to inform the Court of the topics we wish to discuss at Mondays status conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
May 8, 2020	Filing 451 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 05/08/2020 re: The letter Lead Plaintiffs filed a few minutes ago re agreement to adjourn Monday's conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
May 8, 2020	Filing 450 LETTER addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 05/08/2020 re: May 11, 2020 Conference. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
May 7, 2020	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #448 Proposed Order was reviewed and approved as to form. (km)
May 6, 2020	Filing 449 MEMORANDUM OF LAW in Support re: #447 MOTION to Remove from Suspense Docket and Grant Permission to File New Class Certification Motion. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
May 6, 2020	Filing 448 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #447 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
May 6, 2020	Filing 447 MOTION to Remove from Suspense Docket and Grant Permission to File New Class Certification Motion. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
May 4, 2020	Filing 446 ORDER. The conference scheduled for May 11, 2020 at 10:30 a.m. shall be conducted by Skype for Business rather than by phone as previously ordered. The court has sent a calendar link to attorneys for the parties. To the extent additional attorneys for the parties or the parties wish to participate, the parties shall email chambers to provide their names and emails. To participate by phone call: (917) 933-2166 with conference ID740066269#. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
March 16, 2020	Filing 445 ORDER: In light of the national emergency, the conference in this matter scheduled for May 11, 2020 is hereby converted to a telephone conference. The parties are directed to call into the Court conference line at (866) 434-5269, Code: 4858267 at the appropriate time. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) ( Telephone Conference set for 5/11/2020 at 10:30 AM before Magistrate Judge Katharine H. Parker.) (ks)
March 16, 2020	Filing 444 ORDER: NOW, THEREFORE, in order to protect public health, reduce unnecessary travel, and minimize the risk of exposure while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1; It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, video conference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the parties stipulate otherwise") the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. In light of the current pandemic, the court reporter may attend the deposition and administer the oath via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 60 days, together with all post-discovery deadlines previously set by this Court. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding unnecessary health risks. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (ks)
March 10, 2020	Filing 443 ORDER granting #442 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The Status Conference in this matter that is scheduled for Wednesday,March 10, 2020 at 4:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby rescheduled to Monday, May 11, 2020 at 10:30 a.m. Application Granted. (Status Conference set for 5/11/2020 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/10/20) (yv)
March 9, 2020	Filing 442 JOINT LETTER MOTION to Adjourn Conference Scheduled for March 11, 2020 addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated March 9, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
February 25, 2020	Filing 441 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/24/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
February 25, 2020	Filing 440 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/24/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2020. Redacted Transcript Deadline set for 3/27/2020. Release of Transcript Restriction set for 5/26/2020..(McGuirk, Kelly)
February 11, 2020	Filing 439 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 2/7/20 re: Plaintiffs' 1/31/20 Letter. Document filed by Thorsten Heins, Steve Zipperstein, Brian Bidulka, Todd Cox & Mary Dinzik, Blackberry Limited, Marvin Pearlstein. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #438 .(Beha, James)
February 10, 2020	Filing 438 ORDER granting #435 Motion to Seal Document. Defendants' application is granted. Defendants are directed to re-file an appropriately sealed copy of the document at Doc. No. 433. The Clerk of Court is respectfully asked to remove the document currently at Doc. No. 433. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/10/2020) (ks)
February 7, 2020	Filing 437 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 02/07/20 re: Response to Plaintiffs Request to Depose Jeff Johnston. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)
February 7, 2020	Filing 436 ORDER granting #432 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/7/2020) (ks)
February 7, 2020	Filing 435 LETTER MOTION to Seal Document #433 Response addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated February 7, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)
February 7, 2020	Filing 434 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated February 7, 2020 re: Request to Depose Jeff Johnston. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Ex. A).(Miller, Kim)
February 7, 2020	Filing 433 RESPONSE re: #431 Letter, . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)
January 31, 2020	Filing 432 LETTER MOTION to Seal Document #431 Letter, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 31, 2020. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)
January 31, 2020	Filing 431 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 31, 2020 re: Issues Raised at the January 24, 2020 Discovery Conference. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Miller, Kim)
January 24, 2020	Filing 430 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/19/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(rro)
January 24, 2020	Filing 429 TRANSCRIPT of Proceedings re: Telephone Conference held on 12/19/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/23/2020.(rro)
January 24, 2020	Filing 428 ORDER: As discussed during today's status conference, the next status conference is scheduled for March 11, 2020 at 4:00 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/24/2020) ( Status Conference set for 3/11/2020 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)
January 24, 2020	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 1/24/2020. (Court Reporter Carol Ganley) (ca)
January 23, 2020	Filing 427 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 23, 2020 re: January 24, 2020 Conference. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
January 23, 2020	Filing 426 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated January 23, 2020 re: January 24, 2020 Conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beha, James)
January 6, 2020	Filing 425 STIPULATION AND ORDER GOVERNING SCHEDULE OF EXPERT DISCOVERY: Hereby jointly stipulate to the following schedule to govern expert discovery in this action, subject to the Court's approval: January 31, 2020 Deadline for completion of fact discovery; May 20-June 29, 2020 Expert depositions; June 29, 2020 Deadline for completion of expert discovery; as further set forth in this Order. STIPULATED AND AGREED. IT IS SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/6/2020) ( Deposition due by 6/29/2020., Expert Discovery due by 6/29/2020., Fact Discovery due by 1/31/2020.) (ks)
January 3, 2020	Filing 424 PROPOSED STIPULATION AND ORDER. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)
December 30, 2019	Filing 423 AMENDED NOTICE OF APPEAL re: #392 Notice of Appeal, #414 Order on Motion for Entry of Judgment under Rule 54(b),,,,, #367 Order Adopting Report and Recommendations,,,, #417 Order on Motion for Reconsideration, #413 Judgment, Terminate Motions,,,,,,,, #338 Report and Recommendations,,,,,,. Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David)
December 30, 2019	Filing 422 FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - AMENDED NOTICE OF APPEAL re: #392 Notice of Appeal,. Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David) Modified on 12/30/2019 (nd).
December 30, 2019	***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney David A.P. Brower to RE-FILE Document No. #422 Amended Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Amended Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd)
December 30, 2019	Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #423 Amended Notice of Appeal,. (nd)
December 30, 2019	First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 19-3376, Certified Supplemental Indexed record on Appeal Electronic Files for #409 MOTION for Reconsideration . filed by Yong M. Cho, Batuhan Ulug, #419 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 12/23/2019. filed by Todd Cox & Mary Dinzik, #403 Letter, filed by Blackberry Limited, #414 Order on Motion for Entry of Judgment under Rule 54(b),,,,, #407 Notice of Filing Transcript,, #410 Memorandum of Law in Support of Motion filed by Yong M. Cho, Batuhan Ulug, #394 Order on Motion to Appoint Counsel, Order on Motion to Expedite,,,, #393 Reply Memorandum of Law in Support of Motion filed by Todd Cox & Mary Dinzik, #406 Transcript,, #421 Memo Endorsement, #399 Letter filed by Todd Cox & Mary Dinzik, #416 Telephone Conference, #397 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated November 12, 2019. filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #396 Response filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #400 Order, Set Hearings,,,,,,,,,,,, #423 Amended Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug, #415 Order on Motion to Seal Document, #404 Letter, filed by Todd Cox & Mary Dinzik, #418 Order, Set Hearings,,,, #405 LETTER MOTION to Seal Document #404 Letter, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated December 11, 2019. filed by Todd Cox & Mary Dinzik, #398 Stipulation and Order, Terminate Motions, Set Deadlines,,,,,,,,,,,, #420 Response to Motion, filed by Blackberry Limited, #417 Order on Motion for Reconsideration, #413 Judgment, Terminate Motions,,,,,,,, #401 USCA Order - Other,, #395 Letter filed by Todd Cox & Mary Dinzik, #411 MOTION for Entry of Judgment under Rule 54(b) . filed by Yong M. Cho, Batuhan Ulug, #408 Letter filed by Yong M. Cho, Batuhan Ulug, #412 Memorandum of Law in Support of Motion filed by Yong M. Cho, Batuhan Ulug were transmitted to the U.S. Court of Appeals. (nd)
December 30, 2019	USCA Case Number 19-3376 from the U.S. Court of Appeals, 2nd Circ. assigned to #392 Notice of Appeal filed by Yong M. Cho, Batuhan Ulug. (nd)
December 23, 2019	Filing 421 MEMO ENDORSEMENT on re: #420 Response to Motion, filed by Blackberry Limited. ENDORSEMENT: The parties' joint proposed expert discovery schedule is due by January 3, 2020. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/23/2019) (ks)
December 23, 2019	Filing 420 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Dan Marmalefsky dated December 23, 2019 re: #419 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 12/23/2019. . Document filed by Blackberry Limited. (Marmalefsky, Dan)
December 23, 2019	Filing 419 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 12/23/2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
December 19, 2019	Filing 418 ORDER, The following order is entered: Litigation Hold Production. Defendants are directed to produce the litigation hold memoranda and distributions lists as discussed during the conference. The parties are directed to the record for further detailing. Status Conference. A status conference in this matter is hereby scheduled for January 24, 2020 at 3:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Status Conference set for 1/24/2020 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/19/19) (yv)
December 19, 2019	Filing 417 ORDER DENYING MOTION FOR RECONSIDERATION OF THE SEPTEMBER 24, 2019 ORDER denying #409 Motion for Reconsideration. This constitutes the written opinion and order of the court. The Clerk of Court should close the motion at Docket Number 409. SO ORDERED. (Signed by Judge Colleen McMahon on 12/19/2019) (mml)
December 19, 2019	Filing 416 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 12/19/2019 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
December 19, 2019	Filing 415 ORDER granting #405 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 12/18/2019) (ks)
December 16, 2019	Filing 414 ORDER GRANTING MOTION FOR JUDGMENt granting #411 Motion for Entry of Judgment under Rule 54(b). On September 24, 2019, this Court entered an order accepting Magistrate Judge Parker's Report and Recommendation with respect to Defendants' motion on the pleadings and dismissing the claims of "Additional Plaintiffs" Yong M. Cho and Batuhan Ulug. (Dkt. No. 367.) The order affirmed Judge Parker's determination that Judge Griesa's prior orders granting the Defendants' first motion to dismiss (Dkt. Nos. 55, 62) constituted a final judgment as to the Additional Plaintiffs. This Court has received two motions from the Additional Plaintiffs. First, they ask for this court to enter judgment so that they may file a notice of appeal of my September 24 order, and raise the issue the with the Second Circuit. (Dkt. No. 411.) That motion is GRANTED. The Additional Plaintiffs' proposed judgment (Dkt. No. 411-1) will be signed and docketed today. Additional Plaintiffs also ask this Court to reconsider its September 24 order pursuant to Federal Rule of Civil Procedure 54(b) and Local Rule 6.3. (Dkt. No. 409.) I intend to issue an order and opinion denying that motion next week sua sponte. Defendants should not file opposition papers to Additional Plaintiffs' motion for reconsideration. SO ORDERED. (Signed by Judge Colleen McMahon on 12/16/2019) (mml)
December 16, 2019	Filing 413 JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b): Pursuant to Magistrate Judge Katharine H. Parker's Report & Recommendation Regarding BlackBerry's Motion for Partial Judgement on the Pleadings to dismiss the claims of Yong M. Cho and Batuhan Ulug ("R&R"), entered on August 2, 2019, and this Court's Memorandum Decision and Order Accepting Report and Recommendation and Dismissing the Claims of "Additional Plaintiffs" Cho and Ulug as Against All Defendants ("Dismissal Order"), entered on September 24, 2019, and finding that there is no just reason for delay pursuant to Fed. R. Civ. P. 54(b), it is hereby ORDERED, ADJUGED, and DECREED, for the reasons set forth in the R&R and the Dismissal Order, that Judgment is entered in favor of Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein against Plaintiffs Yong M. Cho and Batuhan Ulug dismissing all of their claims with prejudice. This shall be deemed to be a final judgment within the meaning of Fed. R. Civ. P. 58. (Signed by Judge Colleen McMahon on 12/16/2019) (mml)
December 12, 2019	Filing 412 MEMORANDUM OF LAW in Support re: #411 MOTION for Entry of Judgment under Rule 54(b) . . Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David)
December 12, 2019	Filing 411 MOTION for Entry of Judgment under Rule 54(b) . Document filed by Yong M. Cho, Batuhan Ulug. (Attachments: #1 Text of Proposed Order) (Brower, David)
December 12, 2019	Filing 410 MEMORANDUM OF LAW in Support re: #409 MOTION for Reconsideration . . Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David)
December 12, 2019	Filing 409 MOTION for Reconsideration . Document filed by Yong M. Cho, Batuhan Ulug. (Attachments: #1 Text of Proposed Order)(Brower, David)
December 12, 2019	Filing 408 LETTER addressed to Judge Colleen McMahon from David A.P. Brower dated 12/12/2019 re: Motion for Reconsideration, Motion for Entry of Judgment, Courtesy Copies. Document filed by Yong M. Cho, Batuhan Ulug.(Brower, David)
December 12, 2019	Filing 407 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/25/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 12, 2019	Filing 406 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/25/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/11/2020.(McGuirk, Kelly)
December 11, 2019	Filing 405 LETTER MOTION to Seal Document #404 Letter, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated December 11, 2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
December 11, 2019	Filing 404 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated December 11, 2019 re: Response to Defendants' Letter Dated December 4, 2019 Re: Litigation Holds. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Kim)
December 4, 2019	Filing 403 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated December 4, 2019 re: Litigation Holds and Accompanying Distribution Lists Discussed During the November 25, 2019 Conference. Document filed by Blackberry Limited.(Beha, James)
December 3, 2019	Filing 402 ORDER granting #391 Letter Motion for Discovery. See transcript of conference from Nov. 25, 2019 for details on ruling and parameters for deposition. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
November 26, 2019	Filing 401 ORDER of USCA (Certified Copy) as to #392 Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug. USCA Case Number 19-3376. Appellants move the Court to hold this appeal in abeyance pending entry of judgment by the District Court. Appellees do not oppose the motion. IT IS HEREBY ORDERED that the motion is GRANTED. Appellants are instructed to inform the Court within 7 days of the date the District Court enters a final judgment with respect to their claims against all of the defendants. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/26/2019. (nd)
November 25, 2019	Filing 400 ORDER: As discussed on the record, the following order is entered: Depositions. By December 9, 2019, Defendants are directed to give Plaintiffs the names of people they intend to depose based on their review of the recently produced FBI documents. In Camera Review. Defendants are directed to submit the five litigation hold memos and distribution lists discussed in today's conference via email for the Court's in camera review by December 4, 2019. Defendants shall highlight any portions over which Defendants do not object to producing. Defendants are also directed to highlight in the distribution lists of each memo the names of those who are custodians of records produced in this action. Defendants may submit a letter explaining their objections to producing the full custodian list together with their in camera submission of the litigation hold memos. Their letter shall be filed on ECF. Plaintiffs' response, if any, is due by December 11, 2019. Telephone Conference. A telephone conference in this matter is scheduled for December 19, 2019 at 4:00 p.m. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. The parties are directed to meet and confer before the telephone conference regarding proposed dates during the week of either January 6, 2020 or the week of January 20, 2020 for an in-person conference. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2019) ( Telephone Conference set for 12/19/2019 at 04:00 PM before Magistrate Judge Katharine H. Parker.) (ks)
November 25, 2019	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 11/25/2019. (Court Reporter Steven Greenblum) (ca)
November 21, 2019	Filing 399 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated November 21, 2019 re: November 25, 2019 Conference. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
November 13, 2019	Filing 398 STIPULATION AND ORDER GOVERNING SCHEDULING OF EXPERT DISCOVERY: Motions terminated: #397 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated November 12, 2019. filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins., Hereby jointly stipulate to the following schedule to govern expert discovery in this action, subject to the Court's approval: Schedule for Identification of Experts and Exchange of Expert Reports: January 31, 2020 Deadline for completion of fact discovery, Schedule for Expert Depositions and Completion of Expert Discovery: April 20-May 29, 2020 Expert Depositions May 29, 2020 Deadline for completion of expert discovery. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/13/2019) ( Deposition due by 5/29/2020., Expert Discovery due by 5/29/2020., Fact Discovery due by 1/31/2020.) (ks)
November 12, 2019	Filing 397 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated November 12, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Stipulation and [Proposed] Order Governing Scheduling of Expert Discovery)(Beha, James)
November 1, 2019	Filing 396 RESPONSE re: #395 Letter . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)
October 31, 2019	Filing 395 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 31, 2019 re: October 8, 2019 Order. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
October 18, 2019	Filing 394 MEMORANDUM DECISION AND ORDER APPROVING LEAD PLAINTIFFS' SELECTION OF BROWER PIVEN AS ADDITIONAL COUNSEL granting #380 Motion to Appoint Counsel Appointed David A.P. Brower for Todd Cox & Mary Dinzik; terminating #384 Letter Motion to Expedite. Accordingly, the Court approves of Lead Plaintiffs' choice of Mr. Brower and his firm as additional class counsel. This constitutes the written opinion and order of the court. The Clerk of Court should close the motions at Docket Number 380 and 384. (Signed by Judge Colleen McMahon on 10/18/2019) (mml) Modified on 10/21/2019 (mml).
October 18, 2019	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #392 Notice of Appeal. (tp)
October 18, 2019	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #392 Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug were transmitted to the U.S. Court of Appeals. (tp)
October 17, 2019	Filing 393 REPLY MEMORANDUM OF LAW in Support re: #380 MOTION to Appoint Counsel . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)
October 17, 2019	Filing 392 NOTICE OF APPEAL from #367 Order Adopting Report and Recommendations,,,, #338 Report and Recommendations,,,,,,. Document filed by Yong M. Cho, Batuhan Ulug. Filing fee $ 505.00, receipt number ANYSDC-17791405. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Brower, David)
October 16, 2019	Filing 391 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 16, 2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
October 15, 2019	Filing 390 MEMORANDUM OF LAW re: #380 MOTION to Appoint Counsel . Defendants' Memorandum Of Law In Response To Motion To Approve Lead Plaintiffs' Selection Of Brower Piven As Additional Non-Lead Counsel. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)
October 15, 2019	Filing 389 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated October 15, 2019 re: Issue Concerning Document Processing Error. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)
October 11, 2019	Filing 388 LETTER addressed to Judge Colleen McMahon from KIM E. MILLER dated 10/11/2019 re: Courtesy Copies. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
October 10, 2019	Filing 387 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/4/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 10, 2019	Filing 386 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/4/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2019. Redacted Transcript Deadline set for 11/12/2019. Release of Transcript Restriction set for 1/8/2020.(McGuirk, Kelly)
October 10, 2019	Filing 385 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from James J. Beha II dated October 10, 2019 re: #384 LETTER MOTION to Expedite Consideration of Motion to Approve Lead Plaintiffs' Selection of Brower Piven as Additional Non-Lead Counsel addressed to Judge Colleen McMahon from Kim E. Miller dated October 9, 2019. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)
October 10, 2019	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #383 Proposed Order was reviewed and approved as to form. (km)
October 9, 2019	Filing 384 LETTER MOTION to Expedite Consideration of Motion to Approve Lead Plaintiffs' Selection of Brower Piven as Additional Non-Lead Counsel addressed to Judge Colleen McMahon from Kim E. Miller dated October 9, 2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
October 9, 2019	Filing 383 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #380 . (Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
October 9, 2019	Filing 382 DECLARATION of Kim E. Miller in Support re: #380 MOTION to Appoint Counsel .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Brower Piven Biography)(Miller, Kim)
October 9, 2019	Filing 381 MEMORANDUM OF LAW in Support re: #380 MOTION to Appoint Counsel . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)
October 9, 2019	Filing 380 MOTION to Appoint Counsel . Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)
October 8, 2019	Filing 379 MEMO ENDORSEMENT: on re: #377 Letter filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. ENDORSEMENT: This is a Motion make it as a Motion it is not appropriately made as a Letter Motion. (Signed by Judge Colleen McMahon on 10/08/2019) (ama)
October 8, 2019	Filing 378 ORDER granting #376 Letter Motion for Discovery. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 10/8/2019) (ks)
October 8, 2019	Filing 377 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated October 8, 2019 re: September 27, 2019 Notice of Appearance of David A.P. Brower. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)
October 8, 2019	***DELETED DOCUMENT. Deleted document number 375 ORDER. The document was filed as a duplicate. (ks)
October 7, 2019	Set/Reset Deadlines: Expert Discovery due by 3/31/2020. (mro)
October 7, 2019	Filing 376 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Discovery ; Joint Request to Modify Language of Order addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated October 7, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James) Modified on 1/8/2020 (db).
October 7, 2019	Filing 374 ORDER: On October 4, 2019, the parties appeared for a status conference. The following order is entered: The deadline for fact discovery is extended through January 31, 2020. The deadline for expert discovery is extended through March 31, 2020. The parties are directed to meet and confer to set dates certain for the depositions of the Individual Defendants and, if applicable, for witness James Yersh. The Court expects that by October 31, 2019, the parties will have scheduled dates certain for all of the remaining 24 witnesses Plaintiffs wish to depose and that Plaintiffs will have identified the one additional person they may wish to depose. The status conference in this matter scheduled for October 30, 2019 is hereby adjourned. In lieu of the conference, the parties are directed to submit a joint letter by October 31, 2019 to update the Court as to the status of discovery and the agreed upon deposition schedule. ( Fact Discovery due by 1/31/2020.) (Signed by Magistrate Judge Katharine H. Parker on 10/7/2019) (mro) (Main Document 374 replaced on 10/8/2019) (ks).
October 4, 2019	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 10/4/2019. (Court Reporter Vincent Bolgna) (ca)
October 3, 2019	Filing 373 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 3, 2019 re: October 4, 2019 Discovery Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)
October 3, 2019	Filing 372 DECISION AND ORDER ACCEPTING JUDGE PARKER'S ORDER REGARDING ADDITIONAL OBJECTIONS TO BLACKBERRY'S CLAWBACK DOCUMENTS: Accordingly, the above listed email chains are properly redacted. 1. Email chain labeled BBPearlstein 00763769: This email chain is properly withheld. The chain concerns another upcoming announcement and the contents thereof. Two in-house counsel are involved in the exchange. This Court agrees that the primary purpose of the communication is the request for and receipt of legal advice; any additional context or non-legal communication cannot be distinguished from the legal. See Pearlstein, 2019 WL 1259382, at *12. 11. Email chain labeled BBPearlstein 01789474: This email chain is properly redacted. The un-redacted email is a possible news release sent from in-house counsel. The redacted email is also sent from in-house counsel to three additional attorneys - in-house counsel and two outside counsel. Any "context" within the request for advice cannot be severed as the predominant purpose is to seek legal advice regarding the press release. Additionally, as Judge Parker has reserved her ruling on whether or not Defendants should be required to log communications with outside counsel going forward, this Court need not address this request. For the reasons outlined above, this Court finds no reason to depart from Judge Parker's Order. This constitutes the written opinion and order of the court. (Signed by Judge Colleen McMahon on 10/3/2019) (mml)
October 3, 2019	Filing 371 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 10/03/2019 re: October 4 Discovery Conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)
September 27, 2019	Filing 370 MEMORANDUM & ORDER: For the reasons discussed above, Defendants' motion for reconsideration is denied. Plaintiffs' request to strike the Zipperstein Declaration is granted. The parties are directed to submit ex parte or in camera submissions only with the Court's permission. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/27/2019) (ks)
September 27, 2019	Filing 369 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated September 27, 2019 re: Letter of Request. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)
September 27, 2019	Filing 368 NOTICE OF APPEARANCE by David A.P. Brower on behalf of Todd Cox & Mary Dinzik. (Brower, David)
September 24, 2019	Filing 367 MEMORANDUM DECISION AND ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING THE CLAIMS OF "ADDITIONAL PLAINTIFFS" CHO AND ULUG AS AGAINST ALL DEFENDANTS for #245 Motion for Judgment on the Pleadings filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #338 Report and Recommendation. The objections of Cho and Ulug are, therefore, overruled. The recommendation in the Report is accepted and Defendants' motion to dismiss the claims of Ulug and Cho on the ground that Judge Griesa's order was final as to them, notwithstanding the fact that all other putative class members were given permission to file an amended complaint, is GRANTED. So, for the reasons stated in the Report, is the motion seeking a declaration that Cho and Ulug cannot assert claims against Defendant Zipperstein in the Second Amended Complaint. This constitutes the written opinion and order of the court. The Clerk of Court should close the motion at Docket Number 245. (Signed by Judge Colleen McMahon on 9/20/2019) (mml)
September 24, 2019	Filing 366 ORDER RESCHEDULING STATUS CONFERENCE: The Status Conference in this matter that is scheduled for Friday, September 27, 2019 at 10:30 a.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby rescheduled to Friday, October 4, 2019 at 2:00 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/24/2019) Status Conference set for 10/4/2019 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (ks)
September 20, 2019	Filing 365 MEMORANDUM & ORDER: For the reasons discussed above, Plaintiffs' motion for reconsideration is granted in part and denied in part. By September 27, 2019, Plaintiffs will file a clean version with the Court's previous changes to the letter rogatory as well as the change noted above. Plaintiffs will also email a.docx version of letter rogatory with track changes enabled to Chambers. (Signed by Magistrate Judge Katharine H. Parker on 9/20/2019) (mro)
September 20, 2019	Filing 364 RESPONSE re: #357 Objection (non-motion) Blackberry Limited's Memorandum of Law in Response to Plaintiff's Objection to the Magistrate Judge's August 27, 2019 Memorandum and Order. Document filed by Blackberry Limited. (Beha, James)
September 16, 2019	Filing 363 ORDER granting #361 Letter Motion for Leave to File Document. OK. (Signed by Judge Colleen McMahon on 9/16/2019) (mml)
September 13, 2019	Filing 362 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated September 13, 2019 re: Courtesy Copies of In Camera Submission. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)
September 13, 2019	Filing 361 LETTER MOTION for Leave to File Response to Plaintiffs' Objection to Magistrate Judge Parker's 8/27/19 Memorandum and Order addressed to Judge Colleen McMahon from James J. Beha II dated September 13, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)
September 13, 2019	Filing 360 ORDER granting #358 Motion to Seal Document. You may file the original under seal but you must file a redacted version publicly, redacting only information about the documents that are subject to the order. So Ordered. (Signed by Judge Colleen McMahon on 9/12/2019) (js) Transmission to Sealed Records Clerk for processing.
September 12, 2019	Filing 359 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated September 12, 2019 re: Courtesy Copies. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)
September 11, 2019	Filing 358 LETTER MOTION to Seal Document #357 Objection (non-motion) addressed to Judge Colleen McMahon from Kim E. Miller dated September 11, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)
September 11, 2019	Filing 357 Objection re: #350 Order,, . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)
September 10, 2019	Filing 356 RESPONSE re: #355 Letter, . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)
September 6, 2019	Filing 355 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated September 6, 2019 re: Opinion and Order Regarding Issuance of a Letter of Request to the United Kingdom [Dkt. 352]. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)
August 30, 2019	Filing 354 MEMORANDUM OF LAW in Opposition re: #341 Objection to Report and Recommendations . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)
August 30, 2019	Filing 353 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated August 30, 2019 re: Defendants' August 29, 2019 Letter. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

April 6, 2022

Filing 814 ORDER granting #813 Letter Motion to Continue. SO ORDERED.. (Signed by Judge Colleen McMahon on 4/6/2022) (kv)

April 6, 2022

Filing 813 JOINT LETTER MOTION to Continue trial date addressed to Judge Colleen McMahon from Dan Marmalefsky dated April 6, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Marmalefsky, Dan)

April 5, 2022

Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 4/5/2022. Telephone conference with parties held. Submitted by: Caroline Fish. (mde)

April 5, 2022

Filing 812 LETTER MOTION for Conference seeking equal time for Plaintiffs to present their case addressed to Judge Colleen McMahon from Kim E. Miller dated 4/5/2022. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 4, 2022

Filing 811 ORDER APPROVING PLAINTIFF'S APPLICATION TO BRING EQUIPMENT INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE AT TRIAL granting #804 Motion to Approve application to bring personal electronic devices or general purpose computing devices into the courthouses; granting #805 Motion to Approve application to bring personal electronic devices or general-purpose computing devices into the courthouses. IT IS HEREBY ORDERED: 1. The Application is GRANTED. 2. Plaintiffs' trial team is permitted to bring the following equipment into the courthouse for use during the trial commencing on April 7, 2022 and continuing through the delivery of a verdict in this matter: whiteboards; samples of the products referenced in this litigation; laser pointers; carts (we have tables!), and various cables, cords, and power switches. Please coordinate with District Executive's Office, Joseph Pecorino, for equipment and access. 212-805-0500. IT IS SO ORDERED.. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)

April 4, 2022

Filing 810 ORDER REGARDING DEFENDANTS' EQUIPMENT FOR USE DURING TRIAL re: #802 LETTER MOTION for Conference ; Request for Permission to Bring Equipment and Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. IT IS HEREBY ORDERED that: 1. The Defendants and their attorneys, paralegals, assistants and consultants may bring laptop computers, remote controls for same, laser pointers, carts, (we have tables), and various cables, cords and power strips, A/B switches, samples of the products referenced in this litigation, and related equipment into the courtroom for use during the trial commencing on April 7, 2022; 2. Beginning at 2:30 p.m. on Tuesday, April 5, 2022, the Parties may have access to the courtroom to set up and test the above equipment so that the Defendants will be prepared to proceed with the trial as scheduled. Please coordinate with District Executive's Office, Joseph Pecorino, for equipment and access. 212-805-0500. IT IS SO ORDERED. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)

April 4, 2022

Filing 809 DECISION AND ORDER DENYING DEFENDANT ZIPPERSTEIN'S MOTION FOR JUDGMENT ON THE PLEADINGS re: #797 MOTION for Judgment on the Pleadings . filed by Steve Zipperstein. For the foregoing reasons, Defendant Zipperstein's motion is DENIED. The Clerk of the Court is requested to close the open motion at Docket Number 797. This constitutes the opinion and order of the Court. This is a written opinion. (Signed by Judge Colleen McMahon on 4/4/2022) BY ECF TO ALL COUNSEL (kv)

April 4, 2022

Filing 808 MEMO ENDORSEMENT on re: #796 Letter filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: This was my mistake. Defendants have 35 hours, Plaintiffs 25 hours. SO ORDERED. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)

April 1, 2022

Filing 807 LETTER addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022 re: Request for Permission to Bring Equipment and Devices into the Courthouse for Trial. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order Regarding Defendants' Equipment for Use at Trial).(Levitt, Jamie)

April 1, 2022

Filing 806 LETTER addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022 re: Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie)

April 1, 2022

Filing 805 MOTION to Approve application to bring equipment into the courthouses of the Southern District of New York for use in a trial . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)

April 1, 2022

Filing 804 MOTION to Approve application to bring personal electronic devices or general-purpose computing devices into the courthouses of the Southern District of New York for use in a proceeding or trial . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)

April 1, 2022

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jamie Levitt to RE-FILE Document #803 AMENDED LETTER MOTION for Conference ; [Corrected Version of ECF No. 801] Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from, #801 LETTER MOTION for Conference ; Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022., #802 LETTER MOTION for Conference ; Request for Permission to Bring Equipment and Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022.. Use the event type Letter found under the event list Other Documents. (db)

March 31, 2022

Filing 803 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED LETTER MOTION for Conference ; [Corrected Version of ECF No. 801] Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie) Modified on 4/1/2022 (db).

March 31, 2022

Filing 802 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference ; Request for Permission to Bring Equipment and Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order Regarding Defendants' Equipment for Use at Trial).(Levitt, Jamie) Modified on 4/1/2022 (db).

March 31, 2022

Filing 801 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference ; Request for Permission to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for Trial addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 31, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie) Modified on 4/1/2022 (db).

March 29, 2022

Filing 800 REPLY MEMORANDUM OF LAW in Support re: #797 MOTION for Judgment on the Pleadings . Defendant Steve Zipperstein's Reply Memorandum Of Law In Support Of His Motion For Judgment On The Pleadings. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Marmalefsky, Dan)

March 28, 2022

Filing 799 RESPONSE in Opposition to Motion re: #797 MOTION for Judgment on the Pleadings . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 22, 2022

Filing 798 NOTICE with respect to #797 Motion for Judgment on the Pleadings. The Plaintiffs' response to Defendants' Motion for Judgment on the Pleadings (Dkt. No. 797) is due by 5PM on Monday, March 28, 2022. Defendants' reply if any is due by noon on Wednesday, March 30.. (Signed by Judge Colleen McMahon on 3/22/2022) BY ECF TO ALL COUNSEL (kv)

March 22, 2022

Set/Reset Deadlines: Responses due by 3/28/2022 Replies due by 3/30/2022. (kv)

March 21, 2022

Filing 797 MOTION for Judgment on the Pleadings . Document filed by Steve Zipperstein. Responses due by 4/4/2022 (Attachments: #1 Memorandum of Law, #2 Declaration of Dan Marmalefsky, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E).(Marmalefsky, Dan)

March 21, 2022

Filing 796 LETTER addressed to Judge Colleen McMahon from Dan Marmalefsky dated March 21, 2022 re: Time Estimates in Order filed 3/21/2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Marmalefsky, Dan)

March 21, 2022

Filing 795 ORDER: The Court, for its rulings on the admissibility of trial exhibits, decides as follows: All entries on the parties' joint exhibit list (Dkt # 791-3, which is appended to this order as Exhibit A) are admitted into evidence. PLAINTIFFS' EXHIBITS- The following Plaintiffs' exhibits are admitted into evidence without objection: as further set forth herein. DEFENDANTS' EXHIBITS- At the final pretrial conference on March 14, 2022, Plaintiffs informed the Court that they were withdrawing their objections to all of Defendants' exhibits listed at Docket Number 792-1, except for the following, as to which the Court rules: as further set forth herein. The Court, for its rulings on Plaintiffs' objections to Defendants' deposition designations, decides as follows: as further set forth herein. As reflected in the Final Pretrial Conference transcript and the record, Defendants have withdrawn their objections to Plaintiffs' deposition designations in light of this Court's in limine order. (See Dkt. Nos. 790, 791-1, 793). The Defendants, by letter dated March 18, 2022, list the objections they preserve for the record. (See Dkt. Nos. 794, 794-2). These objections are preserved. The parties have submitted to the Court estimates of the time that they believe is needed for the examination of witnesses. The estimates approximate 36 hours for plaintiffs and 24 hours for defendants at the high end, which totals 60 hours. At six hours of testimony each trial day, this amount of questioning would consume ten full trial days, though I know we will have a couple of shorter days (certainly on April 13 and 14). I commend the parties on their hard work in paring down this case to its essentials. I will permit 60 hours of witness questioning (including deposition testimony), to be divided at 35 hours for plaintiffs and 25 hours for defendants. Allowing for slippage, I expect to be done with testimony no later than April 28, and hopefully a couple of days earlier than that. I plan to charge the jury no later than May 2, and hopefully at the end of the preceding week. This allows us to give the jurors a realistic estimate of the time required for trial and will, I hope, facilitate jury selection. (Signed by Judge Colleen McMahon on 3/21/2022) BY ECF TO ALL COUNSEL (kv)

March 18, 2022

Filing 794 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated March 18, 2022 re: Deposition Designations and Trial Exhibits. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Defendants' Depo. Designations with Pltfs' Objections Counters, #2 Defendants Preserved Objections to Plaintiffs Deposition Designations, #3 Defendants Preserved Objections to Plaintiffs Exhibits).(Beha, James)

March 15, 2022

Filing 793 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated March 15, 2022 re: Plaintiffs' Revised Objections to Defendants' Deposition Designations. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Revised Objections to Defendants' Deposition Designations).(Miller, Kim)

March 14, 2022

Filing 792 Exhibit List . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1 - Defendants' Revised Trial Exhibit List).(Beha, James)

March 14, 2022

Minute Entry for proceedings held before Judge Colleen McMahon: Final Pretrial Conference held on 3/14/2022. Final pretrial conference held. Parties counsel appeared in person. The transcript will be available on the ECF. Submitted by: Caroline Fish. (Court Reporter Andrew Walker and Paula Horovitz). (mde)

March 13, 2022

Filing 791 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated March 13, 2022 re: Second Amended Exhibits for Final Pre-trial Conference. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Plaintiffs' Second Amended Deposition Designations, #2 Exhibit B - Plaintiffs' Second Amended Trial Exhibit List, #3 Exhibit C - Second Amended Joint Trial Exhibit List).(Miller, Kim)

March 11, 2022

Filing 790 DECISION ON MOTIONS IN LIMINE terminating #605 Motion in Limine; granting #607 Motion in Limine; terminating #610 Motion in Limine; denying as moot #616 Motion in Limine; granting #619 Motion in Limine; granting #621 Motion in Limine; denying #624 Motion in Limine; denying #627 Motion in Limine; terminating #630 Motion in Limine; denying #633 Motion in Limine; terminating #636 Motion in Limine; denying #639 Motion in Limine; terminating #642 Motion in Limine; denying #645 Motion in Limine; granting #648 Motion in Limine; denying #650 Motion in Limine; granting #653 Motion in Limine; granting #656 Motion in Limine; granting in part and denying in part #658 Motion in Limine; terminating #661 Motion in Limine; granting #663 Motion in Limine; withdrawing #667 Motion in Limine; denying #671 Motion in Limine; granting #672 Motion in Limine; granting #675 Motion in Limine; denying as moot #677 Motion in Limine; denying #681 Motion in Limine; denying #684 Motion in Limine; denying #686 Motion in Limine; denying #689 Motion in Limine; terminating #692 Motion in Limine; denying #695 Motion in Limine; denying #698 Motion in Limine; granting #701 Motion in Limine; denying #704 Motion in Limine; denying #707 Motion in Limine; denying #710 Motion in Limine; granting #715 Motion in Limine. The court, for its rulings on the parties' motions in limine, decides as follows: Motion No. 1: Plaintiffs move to exclude any evidence or argument relating to a defense of advice of counsel. (Docket #642). For the reasons outlined at page 3 of the brief in support of the motion (Docket #643), any such defense has been waived and no testimony or argument concerning same will be permitted. Motion No. 2: Plaintiffs move to exclude testimony from class representatives Mary Dinzik and Todd Cox, evidence or argument "regarding the class representatives," including their failure to testify or absence from the trial. (Docket #645). The motion is denied. Motion No. 3: Plaintiffs move to exclude argument concerning aggregate damages, defendants' ability to pay, and/or the effect of a judgment for plaintiffs. (Docket #648). The motion is granted, for substantially the reasons set forth in the moving brief (see Docket #649), with this exception: assuming the number of outstanding shares is in evidence, defendants may point out to the jury the total amount of damages sought by plaintiffs in this lawsuit. Motion No. 4: Plaintiffs move to limit the cross-examination of their experts by precluding defendants from questioning them about rulings made by other judges in other cases concerning the scope of their expertise. (Docket #653). If the motion is intended to preclude defendants from introducing the rulings of other judges on other Daubert motions, it is granted. Motion No. 5: Plaintiffs move to exclude evidence or argument concerning post-class period changes in generally accepted accounting principles - specifically, changes announced eight months after the close of the class period, to go into effect four years later. (Docket #656). The motion is granted, as any such evidence has little probative value and tremendous unfair prejudicial impact. Motion No. 6: Plaintiffs move to exclude character testimony concerning the three individual defendants and other Blackberry witnesses. (Docket #658). The motion is granted in part and denied in part. Motion No. 7: Plaintiffs move to exclude evidence or argument concerning the SEC's inquiry into Blackberry's Revenue Recognition Practices and its Failure to Pursue Charges against Blackberry. (Docket #663). The motion is granted. Motion No. 8: Plaintiffs move to exclude the testimony of Barbara Stymiest. (Docket #667). By notice dated March 8, 2022 (Docket #721), Plaintiffs indicate that this motion was filed in error and should be withdrawn. It is deemed withdrawn. Motion No. 9: Plaintiffs move to exclude evidence or argument regarding a prior lawsuit brought against Research in Motion in this district (the Playbook Action). (Docket #715). The motion is granted as unopposed; as I suspected, defendants harbored no such intent. Motion No. 10: Plaintiffs move to exclude evidence or argument concerning the dismissal of any claims, theories of liability or the dismissal of former named plaintiffs Cho and Ulug. (Docket #672). Again, the motion is (not surprisingly) unopposed. It is granted. Defendants' Motions Motion No. 1: Defendants move to preclude the admission of analyst and media reports for the truth of their contents, as these third-party statements are hearsay. (Docket #605). The motion is not opposed; the parties simply disagree over when and how often the court should instruct the jury that these reports are simply offered to show that particular information was (1) out in the marketplace, and (2) available and known or should have been known to Defendants - rather than being offered for their truth. When and how often to charge the jury on this point is the province of the court. Motion No. 2: Defendants move to preclude plaintiffs from arguing about Blackberry's corporate status in a manner that might arouse prejudice. (Docket #675). To the unlikely extent that such a motion is necessary, it is granted. Motion No. 3: Defendants move to preclude plaintiffs from introducing deposition testimony from witnesses who are within the subpoena power of the court. (Docket #610). This is, or certainly should be, an unnecessary application; the rules of evidence and of civil procedure will be enforced. Motion No. 4: Defendants move to preclude testimony and argument about unrelated settlements by accounting firms and/or PCAOB examinations. (Docket #636). Decision reserved. Motion No. 5: Defendants move to preclude testimony concerning defendant Heins' post-class period employment history at a company called PowerMat, Inc. (Docket #607). The motion is unopposed, and it granted for substantially the reasons set forth in the brief in support of the motion. (See Docket #608). Motion No. 6: Defendants move to preclude the testimony of certain witnesses (Gelblum and Huff) who were not disclosed prior to the discovery cutoff in January 2020. (Docket #612). In responding to the motion, Plaintiffs coyly make the following statement: "Lead Plaintiffs... respectfully alert the court that they do not oppose Defendants' motion in limine requesting an order excluding the testimony of witnesses Plaintiffs failed to timely disclose in light of the Court's March 9, 2021 Order instructing the parties 'that no witness whose identity was not formally disclosed prior to January 31, 2020 will be allowed to testify."' (Docket #766). Motion No. 7: Defendants move to preclude testimony from non-party Rule 30(b)(6) witnesses that is not based on personal knowledge. (Docket #616). The specific target of this motion is Dana Moorehead of AT&T. The motion is not opposed, and the deposition testimony of Ms. Moorehead is no longer being offered. The motion is, therefore, moot. Motion No. 8: Defendants move to preclude testimony about attorney-client privileged communications. (Docket #619). The motion is granted. Motion No. 9: Defendants move to preclude testimony about their clients' net worth. (Docket #621). The motion is granted, except insofar as it may be deemed to cover evidence and arguments predicated on the individual defendants' compensation from and stock ownership in Blackberry, which is highly relevant to scienter. However, information about their overall net worth is excluded. Motion No. 10: Defendants move to preclude testimony or argument about executives who left Blackberry prior to the class period. (Docket #624). The motion is denied to the extent that it seeks to preclude the introduction of evidence about the success or failure of prior BlackBerry products and the fact (assuming it to be a fact) that several executives were fired for that reason. Motion No. 11: Defendants move to preclude testimony or argument about employees who left Blackberry after the close of the class period. (Docket #627). The motion is denied for substantially the reasons set forth in the brief filed in opposition to the motion. (See Docket #763). Motion No. 12: Defendants seek to preclude evidence and argument regarding criminal proceedings against James Dunham Jr. (Docket #633). The motion is denied. Motion No. 13: Defendants move to preclude references by plaintiffs to any "duty" or "obligation" to disclose "trends" regarding sell-through information and return rates, on the ground that the court dismissed with prejudice Plaintiffs' claim that Blackberry failed to comply with SEC Item 303 of Reg. S-K, 17 C.F.R. 229.303. (Docket #630) Certainly plaintiff is precluded from arguing that Blackberry violated Item 303, because Blackberry is a Canadian entity and so is not bound to comply with Item 303 - and indeed, in its responsive brief, plaintiffs have indicated that they do not intend to make any such argument and have withdrawn the deposition designations that led to the making of this motion. (See Docket #750). Motion No. 14: Defendants move to preclude one of plaintiffs' experts, Dr. Feinstein, from opining that alleged misstatements were material to the price of Blackberry's stock. (Docket #639). The motion is denied. Motion No. 15: Defendants move to exclude the introduction of specific media articles: PX 001, 003, 004, 005, 007, 012, 549,574,577 and 579. (Docket #677). Plaintiffs inform the court that they "are withdrawing the identified exhibits from their exhibit list." (See Docket #747). Therefore, the motion is moot. Motion No. 16: Defendants move to exclude evidence or argument about something they call the Draft Applied Value Power Point, and that Plaintiffs call the Applied Value Presentation. (Docket #650). Whatever you call it, the motion is denied, for substantially the reasons articulated in the brief filed in opposition to the motion. (Docket #738). Motion No. 17: Defendants move to preclude Plaintiffs' expert Thomas Lys from testifying about matters that were not comprehended in his expert report - specifically Blackberry's "valuation of its own inventory, raw materials and supply commitments." (Docket #701). The motion is unopposed. It is, therefore, granted. Motio

March 11, 2022

Filing 789 ORDER granting #761 Motion for Judson E. Lobdell to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 3/11/2022) (ate)

March 11, 2022

Filing 788 LETTER MOTION for Conference ; Request for Leave to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for the Final Pre-Trial Conference addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 11, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie)

March 11, 2022

Filing 787 MEMORANDUM OF LAW in Opposition re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 11, 2022

Filing 786 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated March 11, 2022 re: in Response to Judge McMahon's March 9, 2022 Memorandum to Trial Counsel (ECF No. 724) Regarding Defendants' Motions in Limine Nos. 22 and 23. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 11, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #761 MOTION for Judson E. Lobdell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25846130. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

March 10, 2022

Filing 785 MEMORANDUM OF LAW in Opposition re: #658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 10, 2022

Filing 784 DECLARATION of Erik J. Olson in Opposition re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Olson, Erik)

March 10, 2022

Filing 783 MEMORANDUM OF LAW in Opposition re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 10, 2022

Filing 782 DECLARATION of Erik J. Olson in Opposition re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Olson, Erik)

March 10, 2022

Filing 781 MEMORANDUM OF LAW in Opposition re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 10, 2022

Filing 780 RESPONSE to Motion re: #672 MOTION in Limine No. 10: to exclude evidence or argument concerning dismissal of any claims, theories of liability, or allegations and/or the dismissal of former Plaintiffs Cho and Ulug. Defendants' Statement of Non-Opposition to Motion in Limine No. 10. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 10, 2022

Filing 779 RESPONSE to Motion re: #715 MOTION in Limine No. 9: to exclude evidence or argument regarding Shemian v. Research in Motion Ltd., No. 11-cv-40568 (S.D.N.Y.). Defendants' Statement of Non-Opposition to Motion in Limine No. 9. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 10, 2022

Filing 778 MEMORANDUM OF LAW in Opposition re: #667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 10, 2022

Filing 777 MEMORANDUM OF LAW in Opposition re: #663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 10, 2022

Filing 776 MEMORANDUM OF LAW in Opposition re: #656 MOTION in Limine No. 5: to exclude evidence or argument regarding a change GAAP which occurred after the Class Period ended. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 10, 2022

Filing 775 DECLARATION of Kim E. Miller in Opposition re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - 5/13/2013 Email Correspondence, #2 Exhibit B - Barron Deposition Excerpts, #3 Exhibit C - Luelo Deposition Excerpts, #4 Exhibit D - Kearns Deposition Excerpts).(Miller, Kim)

March 10, 2022

Filing 774 MEMORANDUM OF LAW in Opposition re: #653 MOTION in Limine No. 4: to exclude evidence or argument concerning previous Daubert rulings in unrelated matters regarding Plaintiffs experts in this case. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 10, 2022

Filing 773 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #787) MEMORANDUM OF LAW in Opposition re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/11/2022 (lb).

March 10, 2022

Filing 772 DECLARATION of Kim E. Miller in Opposition re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - 5/13/2013 Email Correspondence, #2 Exhibit B - Holtz Deposition Excerpts, #3 Exhibit C - Luelo Deposition Excerpts, #4 Errata D - Kearns Deposition Excerpts).(Miller, Kim)

March 10, 2022

Filing 771 DECLARATION of Christin J. Hill in Opposition re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Hill, Christin)

March 10, 2022

Filing 770 MEMORANDUM OF LAW in Opposition re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 769 MEMORANDUM OF LAW in Opposition re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 10, 2022

Filing 768 MEMORANDUM OF LAW in Opposition re: #692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 767 MEMORANDUM OF LAW in Opposition re: #686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 766 RESPONSE to Motion re: #612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 765 MEMORANDUM OF LAW in Opposition re: #619 MOTION in Limine No. 8 - to Preclude Questioning as to Privileged Attorney-Client Communications. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 764 DECLARATION of Kim E. Miller in Opposition re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Heins Deposition Excerpts, #2 Exhibit B - Barron Deposition Excerpts, #3 Exhibit C - Powell Deposition Excerpts).(Miller, Kim)

March 10, 2022

Filing 763 MEMORANDUM OF LAW in Opposition re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 762 MEMORANDUM OF LAW in Opposition re: #684 MOTION in Limine No. 21 - to Preclude Evidence or Argument Seeking to Impose Liability on Mr. Zipperstein and Mr. Bidulka for Statements They Were Not Alleged to Have Made in the Second Amended Complaint. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 761 MOTION for Judson E. Lobdell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25846130. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of Judson E. Lobdell in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Lobdell, Judson)

March 10, 2022

Filing 760 MEMORANDUM OF LAW in Opposition re: #698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 759 MEMORANDUM OF LAW in Opposition re: #661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 758 RESPONSE to Motion re: #701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 757 RESPONSE to Motion re: #616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 756 RESPONSE to Motion re: #607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 755 RESPONSE to Motion re: #610 MOTION in Limine No. 3 - to Preclude Introduction at Trial of Deposition Testimony for Witnesses Who Will Be Available to Testify Live and/or Who Are Within the Subpoena Jurisdiction of the Court. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 754 MEMORANDUM OF LAW in Opposition re: #675 MOTION in Limine No. 2 - to Preclude Argument or Questioning that Would Tend to Arouse Prejudice Against Defendants Merely Because Blackberry is a Corporation. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 753 RESPONSE to Motion re: #605 MOTION in Limine No. 1 - to Preclude Admission of Analyst and Media Reports for the Truth of Their Contents. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 752 DECLARATION of Kim E. Miller in Opposition re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Feinstein Deposition Excerpts, #2 Exhibit B - Ferrell Report Excerpts).(Miller, Kim)

March 10, 2022

Filing 751 MEMORANDUM OF LAW in Opposition re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 750 MEMORANDUM OF LAW in Opposition re: #630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends". . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 749 MEMORANDUM OF LAW in Opposition re: #689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 748 MEMORANDUM OF LAW in Opposition re: #710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 747 RESPONSE to Motion re: #677 MOTION in Limine No. 15 - to Exclude Specific Media Articles. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 746 MEMORANDUM OF LAW in Opposition re: #621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 745 DECLARATION of Kim E. Miller in Opposition re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452).. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - 5/23/2013 E&Y Meeting Agenda, #2 Exhibit B - 6/3/2013 Channel Inventory Policy).(Miller, Kim)

March 10, 2022

Filing 744 MEMORANDUM OF LAW in Opposition re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452). . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 743 DECLARATION of Kim E. Miller in Opposition re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - PX-010 (History of Smartphones), #2 Exhibit B - JX-439 (Excerpt of 3/28/2013 Earnings Call), #3 Exhibit C - PX-005 (OS 7 Phones), #4 Exhibit D - PX-002 (1/16/2011 FY13 Handheld AOP)).(Miller, Kim)

March 10, 2022

Filing 742 MEMORANDUM OF LAW in Opposition re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 741 DECLARATION of Kim E. Miller in Opposition re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - PX-566 (2013 PCAOB Inspection of E&Y), #2 Exhibit B - Lundie Deposition Excerpts).(Miller, Kim)

March 10, 2022

Filing 740 MEMORANDUM OF LAW in Opposition re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 739 DECLARATION of Kim E. Miller in Opposition re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Applied Value PowerPoint, #2 Exhibit B - 6/28/2013 Email Correspondence, #3 Exhibit C - 7/20/2013 Email Correspondence).(Miller, Kim)

March 10, 2022

Filing 738 MEMORANDUM OF LAW in Opposition re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 737 ORDER granting #727 Letter Motion for Leave to File Document. Be my guest! Motion granted.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)

March 10, 2022

Filing 736 DECLARATION of Kim E. Miller in Opposition re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr... Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Dunham Deposition Excerpt).(Miller, Kim)

March 10, 2022

Filing 735 MEMORANDUM OF LAW in Opposition re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr.. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 734 MEMORANDUM OF LAW in Opposition re: #681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 733 MEMORANDUM OF LAW in Opposition re: #671 MOTION in Limine No. 19 - to Preclude Plaintiffs from (a) Introducing Evidence Concerning the State of Mind of Any Non-Defendant and (b) Arguing or Suggesting That the State of Mind of Any Non-Defendant Can Be Imputed to Blackberry for the Purpos . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 10, 2022

Filing 732 ORDER granting #614 Motion for Garrett Brawley to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 3/10/2022) (ate)

March 10, 2022

Filing 731 ORDER FOR ADMISSION PRO HAC VICE granting #720 Motion for Russell S. Post to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. A 11 attorneys appearing before this Cou1i are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)

March 10, 2022

Filing 730 ORDER FOR ADMISSION PRO HAC VICE granting #719 Motion for Charles R. Flores to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)

March 10, 2022

Filing 729 ORDER FOR ADMISSION PRO HAC VICE granting #718 Motion for Madison Young to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv)

March 9, 2022

Filing 728 LETTER MOTION for Conference ; Request for Leave to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouse for the Final Pre-Trial Conference addressed to Judge Colleen McMahon from Jamie A. Levitt dated March 9, 2022. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order to Bring Personal Electronic Devices and General Purpose Computing Devices into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial).(Levitt, Jamie)

March 9, 2022

Filing 727 CONSENT LETTER MOTION for Leave to File Exhibits G and I to the Amended [Proposed] Joint Pretrial Order addressed to Judge Colleen McMahon from Kim E. Miller dated March 9, 2022. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit G - Plaintiffs' Amended Deposition Designations, #2 Exhibit I - Defendants' Amended Deposition Designations).(Miller, Kim)

March 9, 2022

Filing 726 MOTION to Approve APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL-PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)

March 9, 2022

Filing 725 NOTICE OF APPEARANCE by Melissa Hope Harris on behalf of Todd Cox & Mary Dinzik..(Harris, Melissa)

March 9, 2022

Filing 724 MEMORANDUM FROM THE COURT TO TRIAL COUNSEL: I have some information that I thought it prudent to share with you at this point. In Limine Motions: I spent yesterday reading the briefs filed on the ten motions in limine that were filed by plaintiffs and the twenty-nine motions in limine that were filed by defendants. I expect responsive papers, in the form of short briefs, to be filed by Friday at noon at the latest; please make sure to deliver a hard copy of those papers in my chambers by noon Friday, as well as filing on ECF. Assuming the papers come in on time, you will have your rulings on these evidentiary matters on Friday night. As is my custom with in limine rulings, they will be brief and to the point. The rulings are final; I will not entertain reeargument at the final pretrial conference on Monday or at any time thereafter. And I will accept no more in limine motions so don't bother making any; they will be summarily denied as untimely. Some things you should know right now. For example, I can tell you that Defendants' Motion No. 21 will be denied because it is not a proper motion in limine - it seeks an adjudication of non-liability rather than being addressed to the admissibility of evidence. As to certain others - specifically Defendants' Motions No. 22 and 23 - until Defendants identify each and every bit of designated deposition testimony that falls within the parameters of Motion No. 22, or each and every individual document that they seek to preclude pursuant to Motion No. 23, I cannot possibly make any sort of ruling, and I will not make a general ruling that leaves room for argument during the trial, which wastes the jury's time. I can also tell you that no witness whose identity was not formally disclosed prior to January 31, 2020 will be allowed to testify - both sides apparently hope to offer testimony from such witnesses -- and that the contents of the expert reports as limited by the Daubert rulings constrain the testimony that expert witnesses will be allowed to give. If knowing that cuts down on the need to file a response, the better for your respective clients. Final Pre-Trial Conference: Let me set out the parameters of next week's conference at some length, so no one will be surprised. We will commence at 9:30 AM on Monday. First we will go over the list of witnesses - starting with plaintiffs' witnesses, then defendants' witnesses. As I think I told you, at a civil trial I only expect a witness to testify once, even if both sides are calling that witness. Counsel must be prepared to tell me what each witness will be called to testify about and how long direct is expected to take. While I will consider your estimates, and any estimates about cross examination, in setting time limits, I have already decided that I will allocate a precise number of days for this trial, and I will be dividing time accordingly. I will make those calculations and give you your time limits after the conference. After that we will turn to the exhibits. To the extent that exhibits have not been admitted or precluded in the in limine rulings (a very small subset of your overly large proposed exhibit list), we will go through them exhibit by exhibit. Those to which no objection is lodged will simply be admitted. Those to which objection has been lodged will be the subject of brief argument and an immediate ruling on their admissibility. I would strongly suggest that, between now and Monday, you pare your lists to include only those exhibits that you will be discussing with the jury during your closing argument. Not everything on which experts rely in formulating opinions needs to be admitted into evidence; it simply needs to be available for use on cross examination. Be advised that expert reports will not be admitted into evidence; they may be used for impeachment or refreshment of recollection, but the expert testimony will come from the mouths of the witnesses. Were this a bench trial it would be otherwise. Then we will proceed to the deposition designations of witnesses other than party witnesses (whose deposition testimony is admissible for any purpose). I will rule on each objection to a designation so that we know precisely what deposition testimony is coming in as evidence on someone's case in chief (not for impeachment on cross). To the extent that there are objections to questions in the deposition testimony of witnesses who are not being called to testify live, I will rule on those objections so that appropriate transcripts can be prepared in advance of jury selection. Obviously, you will have to sit there while I read the designated testimony in light of the objection. Please understand that time it takes to read or play deposition testimony (including dealing with any technical glitches) will count toward your time for presenting your case. Given the number of witnesses you propose to call, the number of exhibits you have designated and the amount of deposition testimony you are designating, it appears that this conference will take a very long time indeed. We will begin Monday morning. We will take a short break for lunch. I will have to let the court reporter go at 6 PM, but we will revert at that point to recording the session, and we will obtain transcript of the recording when the court reporters are able to get to it. We will take no more than one half hour for a break at 6 PM; then we will reconvene. If we are not done by 10 PM, you will be expected to be back in my courtroom the next morning at 9:30 AM. However, I have other matters on my calendar on Tuesday, so you will be interwoven with the rest of my calendar (only Monday belongs entirely to you). If we don't finish on Tuesday by 6 PM, we will continue on Wednesday. In other words, you should consider yourselves as being on trial starting on Monday, March 14 and we proceed from day to day until we conclude all of these preliminary matters. And they will be concluded. If some trial counsel have other obligations they cannot change, someone else must step in to replace them. I strongly advise you to spend the time between now and next Monday thinking about how you are really going to try your case in the 15 total trial days, commencing on Friday, April 8 and ending on Tuesday, April 26, that I will allow you. You can and should prune your witness and your exhibit lists to the people you are really going to call and the exhibits you are really going to discuss and emphasize with the jurors ("key exhibits," which you will be expected to designate in advance of the trial). You should be able to get down to a reasonable number of witnesses and amount of deposition testimony. This is actually not such a complicated case; it can easily be tried in the number of days I am allotting for opening statements and the introduction of evidence. Trial days will be April 8, 11, 12, 13, 14 (the 13th and 14th we will only work until 4 PM), 18, 19, 20, 21, 22, 25, 26 and 27. You will be expected to deliver your closing argument on the morning of Thursday, April 27 and I expect to charge that afternoon. We will take a special verdict on a statement by statement and defendant by defendant basis. Issues for Trial: As I held in denying defendants' motion for summary judgment: "The central triable issue is the issue of whether Blackberry misrepresented the success and profitability of its BB 10 products to the investing public." The Second Circuit held, in affirming Judge Griesa, that mere misjudgments about accounting methodology, without more, would not be sufficient to support a verdict for Plaintiff. That does not make the accounting issue irrelevant, but it does render them non-dispositive. The jury will be advised that they must return a defendants' verdict if all plaintiffs prove is that "sell by" accounting would have better explained Blackberry's financial situation to the investing public. Now that the court has reviewed the challenged public statements against more of the evidence, it has become apparent that this really is, for the most part, a classic securities fraud case. It involves not so much Omicron issues (statement of opinion that are, in certain circumstances, actionable) as alleged misrepresentations or omissions of fact that were contradicted by what Blackberry's principals allegedly knew to be true - issues that are in the case as a result of Plaintiffs' discovery of additional evidence after the dismissal of their original complaint, which is one of the bases on which Judge Griesa granted them leave to amend. Settlement Discussions: I do not know whether the parties are interested in pursuing settlement. I never involve myself in settlement discussions. My senior law clerk, Jim O'Neill - who serves rather more like a law secretary in the New York State Supreme Court - is available to conduct settlement discussions; he has achieved remarkable success at settling extremely complex, bit dollar cases. He will be available while you are here next week; and while I will not halt proceedings to accommodate settlement discussions, if you have an interest in such discussions, we can proceed on two tracks simultaneously. If you have no interest in settlement, so be it. I am here to try cases. (Signed by Judge Colleen McMahon on 3/9/2022) BY ECF TO ALL COUNSEL (kv)

March 9, 2022

Filing 723 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/9/2022 (km).

March 9, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #718 MOTION for Madison Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25832780. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

March 9, 2022

***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Jamie Levitt re: Document #723 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or Genral Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (km)

March 9, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #720 MOTION for Russell S. Post to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25833304. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

March 9, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #719 MOTION for Charles R. Flores to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-25833202. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

March 8, 2022

Filing 722 MOTION to Approve APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL-PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order).(Miller, Kim)

March 8, 2022

Filing 721 NOTICE of Withdrawal of Plaintiffs' Motion in Limine No. 8 to Exclude Barbara Stymiest as a Witness at Trial re: #667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial.. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 8, 2022

Filing 720 MOTION for Russell S. Post to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25833304. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Russell S. Post in Support of Pro Hac Vice Admission, #2 Exhibit The Supreme Court of Texas - Certificate of Good Standing, #3 Text of Proposed Order Order for Admission - Pro Hac Vice).(Post, Russell)

March 8, 2022

Filing 719 MOTION for Charles R. Flores to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-25833202. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Charles R. Flores in Support of Pro Hac Vice Admission, #2 Exhibit The Supreme Court of Texas - Certificate of Good Standing, #3 Text of Proposed Order Order for Admission - Pro Hac Vice).(Flores, Charles)

March 8, 2022

Filing 718 MOTION for Madison Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25832780. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Madison Young in Support of Pro Hac Vice Admission, #2 Exhibit The Supreme Court of Texas - Certificate of Good Standing, #3 Text of Proposed Order Order for Admission - Pro Hac Vice).(Young, Madison)

March 8, 2022

Filing 717 MEMORANDUM OF LAW in Support re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. (Corrected Version of ECF No. 708). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 8, 2022

Filing 716 MEMORANDUM OF LAW in Support re: #715 MOTION in Limine No. 9: to exclude evidence or argument regarding Shemian v. Research in Motion Ltd., No. 11-cv-40568 (S.D.N.Y.). . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 8, 2022

Filing 715 MOTION in Limine No. 9: to exclude evidence or argument regarding Shemian v. Research in Motion Ltd., No. 11-cv-40568 (S.D.N.Y.). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 8, 2022

Filing 714 MEMORANDUM OF LAW in Support re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 8, 2022

Filing 713 NOTICE: The parties have until 12pm on Friday, March 11, 2022 to file any response to the pending motions in limine. Responses due by 3/11/2022 (Signed by Judge Colleen McMahon on 3/8/2022) BY ECF TO ALL COUNSEL (kv)

March 8, 2022

Filing 712 MEMORANDUM OF LAW in Support re: #710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 8, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #614 MOTION for Garrett Brawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25827155. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

March 7, 2022

Filing 711 DECLARATION of James J. Beha II in Support re: #710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (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).(Beha, James)

March 7, 2022

Filing 710 MOTION in Limine No. 28 - to Preclude Evidence and Argument Regarding Internal Discussions Regarding a Blackberry Customer Request. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 7, 2022

Filing 709 DECLARATION of Erik J. Olson in Support re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Olson, Erik)

March 7, 2022

Filing 708 MEMORANDUM OF LAW in Support re: #707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 707 MOTION in Limine No. 24 - to Exclude Evidence and Argument From Lay Witnesses Geraldo Barron and Paul Holtz on the Propriety of Accounting Judgments They Did Not Make. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 706 DECLARATION of Christina L. Golden Ademola in Support re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452).. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Golden Ademola, Christina)

March 7, 2022

Filing 705 MEMORANDUM OF LAW in Support re: #704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452). . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 704 MOTION in Limine No. 26 - to Exclude Evidence or Argument Regarding Draft Channel Inventory Policy (PX-452). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 703 DECLARATION of James J. Beha II in Support re: #701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Beha, James)

March 7, 2022

Filing 702 MEMORANDUM OF LAW in Support re: #701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 7, 2022

Filing 701 MOTION in Limine No. 17 - to Preclude Testimony by Plaintiffs' Accounting Expert About Blackberry's Accounting for Its Own Inventory, Raw Materials, and Supply Commitments. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 7, 2022

Filing 700 DECLARATION of James J. Beha II in Support re: #698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Beha, James)

March 7, 2022

Filing 699 MEMORANDUM OF LAW in Support re: #698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 7, 2022

Filing 698 MOTION in Limine No. 27 - to Exclude Evidence and Argument Regarding December 2013 Emails from John Chen. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 7, 2022

Filing 697 DECLARATION of Erik J. Olson in Support re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (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).(Olson, Erik)

March 7, 2022

Filing 696 MEMORANDUM OF LAW in Support re: #695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 695 MOTION in Limine No. 25 - to Exclude Evidence or Argument Regarding Geraldo Barron's Draft Memorandum. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 694 DECLARATION of Christin J. Hill in Support re: #692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Hill, Christin)

March 7, 2022

Filing 693 MEMORANDUM OF LAW in Support re: #692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 692 MOTION in Limine No. 23 - to Preclude Email Evidence of Which the Individual Defendants Have No Knowledge. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 691 DECLARATION of Christin J. Hill in Support re: #689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Hill, Christin)

March 7, 2022

Filing 690 MEMORANDUM OF LAW in Support re: #689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 689 MOTION in Limine No. 29 - to Preclude Evidence or Argument Regarding Post-Class Period Events. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 688 DECLARATION of Erik J. Olson in Support re: #686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Olson, Erik)

March 7, 2022

Filing 687 MEMORANDUM OF LAW in Support re: #686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 686 MOTION in Limine No. 22 - to Preclude the Use of Deposition Testimony Outside the Witnesses' Personal Knowledge. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 685 MEMORANDUM OF LAW in Support re: #684 MOTION in Limine No. 21 - to Preclude Evidence or Argument Seeking to Impose Liability on Mr. Zipperstein and Mr. Bidulka for Statements They Were Not Alleged to Have Made in the Second Amended Complaint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 684 MOTION in Limine No. 21 - to Preclude Evidence or Argument Seeking to Impose Liability on Mr. Zipperstein and Mr. Bidulka for Statements They Were Not Alleged to Have Made in the Second Amended Complaint. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 683 DECLARATION of Christina L. Golden Ademola in Support re: #681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Golden Ademola, Christina)

March 7, 2022

Filing 682 MEMORANDUM OF LAW in Support re: #681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 681 MOTION in Limine No. 20 - to Preclude Evidence or Argument Regarding Statements for Which Summary Judgment Was Granted. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 680 PROPOSED PRE-TRIAL ORDER. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Plaintiffs' Amended Contentions, #2 Exhibit B - Defendants' Contentions, #3 Exhibit C - Plaintiffs' Amended Exhibit List, #4 Exhibit D - Defendants' Amended Exhibit List, #5 Exhibit E - Amended Joint Exhibit List, #6 Exhibit F - Plaintiffs' Amended Witness List, #7 Exhibit H - Defendants' Amended Witness List).(Miller, Kim)

March 7, 2022

Filing 679 DECLARATION of James J. Beha II in Support re: #677 MOTION in Limine No. 15 - to Exclude Specific Media Articles.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (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).(Beha, James)

March 7, 2022

Filing 678 MEMORANDUM OF LAW in Support re: #677 MOTION in Limine No. 15 - to Exclude Specific Media Articles. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 7, 2022

Filing 677 MOTION in Limine No. 15 - to Exclude Specific Media Articles. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

March 7, 2022

Filing 676 MEMORANDUM OF LAW in Support re: #675 MOTION in Limine No. 2 - to Preclude Argument or Questioning that Would Tend to Arouse Prejudice Against Defendants Merely Because Blackberry is a Corporation. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 675 MOTION in Limine No. 2 - to Preclude Argument or Questioning that Would Tend to Arouse Prejudice Against Defendants Merely Because Blackberry is a Corporation. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 674 MEMORANDUM OF LAW in Support re: #671 MOTION in Limine No. 19 - to Preclude Plaintiffs from (a) Introducing Evidence Concerning the State of Mind of Any Non-Defendant and (b) Arguing or Suggesting That the State of Mind of Any Non-Defendant Can Be Imputed to Blackberry for the Purpos . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 673 MEMORANDUM OF LAW in Support re: #672 MOTION in Limine No. 10: to exclude evidence or argument concerning dismissal of any claims, theories of liability, or allegations and/or the dismissal of former Plaintiffs Cho and Ulug. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 672 MOTION in Limine No. 10: to exclude evidence or argument concerning dismissal of any claims, theories of liability, or allegations and/or the dismissal of former Plaintiffs Cho and Ulug. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 671 MOTION in Limine No. 19 - to Preclude Plaintiffs from (a) Introducing Evidence Concerning the State of Mind of Any Non-Defendant and (b) Arguing or Suggesting That the State of Mind of Any Non-Defendant Can Be Imputed to Blackberry for the Purpose of Establishing Scienter. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 670 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #716) MEMORANDUM OF LAW in Support re: #669 MOTION in Limine No. 9: to exclude evidence or argument regarding In Re Research in Motion Limited Sec. Litig., No. 11-CV-40568. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/8/2022 (lb).

March 7, 2022

Filing 669 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #715) MOTION in Limine No. 9: to exclude evidence or argument regarding In Re Research in Motion Limited Sec. Litig., No. 11-CV-40568. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/8/2022 (lb).

March 7, 2022

Filing 668 MEMORANDUM OF LAW in Support re: #667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 667 MOTION in Limine No. 8: to exclude Barbara Stymiest as a witness at trial. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 666 DECLARATION of Kim E. Miller in Support re: #663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B).(Miller, Kim)

March 7, 2022

Filing 665 DECLARATION of Jamie A. Levitt in Support re: #661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Levitt, Jamie)

March 7, 2022

Filing 664 MEMORANDUM OF LAW in Support re: #663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 663 MOTION in Limine No. 7: to exclude evidence or argument regarding the SECs inquiry into BlackBerrys revenue recognition practices and its failure to pursue charges against BlackBerry. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 662 MEMORANDUM OF LAW in Support re: #661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)

March 7, 2022

Filing 661 MOTION in Limine No. 18 - to Limit Professor Erdem to Presentation of Marketing Opinions. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)

March 7, 2022

Filing 660 DECLARATION of Kim E. Miller in Support re: #658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Miller, Kim)

March 7, 2022

Filing 659 MEMORANDUM OF LAW in Support re: #658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 658 MOTION in Limine No. 6: exclude evidence or argument regarding the character of Defendants and other BlackBerry witnesses. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 657 MEMORANDUM OF LAW in Support re: #656 MOTION in Limine No. 5: to exclude evidence or argument regarding a change GAAP which occurred after the Class Period ended. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 656 MOTION in Limine No. 5: to exclude evidence or argument regarding a change GAAP which occurred after the Class Period ended. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 655 DECLARATION of Christina L. Golden Ademola in Support re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Golden Ademola, Christina)

March 7, 2022

Filing 654 MEMORANDUM OF LAW in Support re: #653 MOTION in Limine No. 4: to exclude evidence or argument concerning previous Daubert rulings in unrelated matters regarding Plaintiffs experts in this case. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 653 MOTION in Limine No. 4: to exclude evidence or argument concerning previous Daubert rulings in unrelated matters regarding Plaintiffs experts in this case. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 652 MEMORANDUM OF LAW in Support re: #650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 651 DECLARATION of Kim E. Miller in Support re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Miller, Kim)

March 7, 2022

Filing 650 MOTION in Limine No. 16 - to Exclude Evidence or Argument Regarding the Draft Applied Value PowerPoint. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 649 MEMORANDUM OF LAW in Support re: #648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 648 MOTION in Limine No. 3: to exclude evidence or argument regarding aggregate damages or Defendants ability to pay a damages award/and or the effect of a damages award in this case if liability is found. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 647 DECLARATION of Kim E. Miller in Support re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A).(Miller, Kim)

March 7, 2022

Filing 646 MEMORANDUM OF LAW in Support re: #645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testif . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 645 MOTION in Limine No. 2: to exclude: (1) testimony from Class Representatives Mary Dinzik and Tod Cox, (2) evidence or argument regarding the Class Representatives, and (3) evidence or argument regarding the Class Representatives failure to testify and/or absence from the trial. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 644 DECLARATION of Kim E. Miller in Support re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B).(Miller, Kim)

March 7, 2022

Filing 643 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #714) MEMORANDUM OF LAW in Support re: #642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim) Modified on 3/8/2022 (lb).

March 7, 2022

Filing 642 MOTION in Limine No. 1: to exclude any evidence or argument concerning any advice of counsel defense. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

March 7, 2022

Filing 641 DECLARATION of Jamie A. Levitt in Support re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Levitt, Jamie)

March 7, 2022

Filing 640 MEMORANDUM OF LAW in Support re: #639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)

March 7, 2022

Filing 639 MOTION in Limine No. 14 - to Preclude Evidence or Argument Regarding Dr. Feinstein's Opinions on Materiality. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)

March 7, 2022

Filing 638 DECLARATION of Christin J. Hill in Support re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Hill, Christin)

March 7, 2022

Filing 637 MEMORANDUM OF LAW in Support re: #636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 636 MOTION in Limine No. 4 - to Exclude Evidence or Argument Regarding Unrelated Settlements by Certain Accounting Firms or PCAOB Examinations. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 635 DECLARATION of Erik J. Olson in Support re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr... Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Olson, Erik)

March 7, 2022

Filing 634 MEMORANDUM OF LAW in Support re: #633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr.. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 633 MOTION in Limine No. 12 - to Preclude Evidence or Argument Regarding Criminal Proceedings Against James Dunham, Jr.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 632 DECLARATION of Christin J. Hill in Support re: #630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends".. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Hill, Christin)

March 7, 2022

Filing 631 MEMORANDUM OF LAW in Support re: #630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends". . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 630 MOTION in Limine No. 13 - to Preclude References to "Duty" or "Obligation" to Disclose Alleged "Trends". Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 629 DECLARATION of Erik J. Olson in Support re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Olson, Erik)

March 7, 2022

Filing 628 MEMORANDUM OF LAW in Support re: #627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 627 MOTION in Limine No. 11 - to Preclude Evidence or Argument Concerning the Individual Defendants and Other Employees Who Left Blackberry After the Class Period. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 626 DECLARATION of Erik J. Olson in Support re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Olson, Erik)

March 7, 2022

Filing 625 MEMORANDUM OF LAW in Support re: #624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 624 MOTION in Limine No. 10 - to Preclude Evidence or Argument Concerning Executives Who Left Blackberry Prior to the Class Period. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 623 DECLARATION of Erik J. Olson in Support re: #621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Olson, Erik)

March 7, 2022

Filing 622 MEMORANDUM OF LAW in Support re: #621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 621 MOTION in Limine No. 9 - to Preclude Evidence or Argument Concerning Individual Defendants' Financial Condition. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 620 MEMORANDUM OF LAW in Support re: #619 MOTION in Limine No. 8 - to Preclude Questioning as to Privileged Attorney-Client Communications. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 619 MOTION in Limine No. 8 - to Preclude Questioning as to Privileged Attorney-Client Communications. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 618 DECLARATION of Christin J. Hill in Support re: #616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Hill, Christin)

March 7, 2022

Filing 617 MEMORANDUM OF LAW in Support re: #616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 616 MOTION in Limine No. 7 - to Preclude Deposition Testimony From a Non-Party Rule 30(b)(6) Witness That is Not Based on Personal Knowledge. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Hill, Christin)

March 7, 2022

Filing 615 DECLARATION of Christina L. Golden Ademola in Support re: #612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Golden Ademola, Christina)

March 7, 2022

Filing 614 MOTION for Garrett Brawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25827155. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit Affidavit of Garrett Brawley, #2 Exhibit Exhibit A, #3 Text of Proposed Order).(Brawley, Garrett)

March 7, 2022

Filing 613 MEMORANDUM OF LAW in Support re: #612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 612 MOTION in Limine No. 6 - to Exclude Testimony of Witnesses Plaintiffs Failed to Timely Disclose. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

March 7, 2022

Filing 611 MEMORANDUM OF LAW in Support re: #610 MOTION in Limine No. 3 - to Preclude Introduction at Trial of Deposition Testimony for Witnesses Who Will Be Available to Testify Live and/or Who Are Within the Subpoena Jurisdiction of the Court. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)

March 7, 2022

Filing 610 MOTION in Limine No. 3 - to Preclude Introduction at Trial of Deposition Testimony for Witnesses Who Will Be Available to Testify Live and/or Who Are Within the Subpoena Jurisdiction of the Court. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)

March 7, 2022

Filing 609 DECLARATION of Erik J. Olson in Support re: #607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1).(Olson, Erik)

March 7, 2022

Filing 608 MEMORANDUM OF LAW in Support re: #607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 607 MOTION in Limine No. 5 - to Preclude Evidence or Argument Concerning Defendant Thorsten Heins' Post-Class Period Employment History. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 7, 2022

Filing 606 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #714) MEMORANDUM OF LAW in Support re: #605 MOTION in Limine No. 1 - to Preclude Admission of Analyst and Media Reports for the Truth of Their Contents. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik) Modified on 3/8/2022 (lb).

March 7, 2022

Filing 605 MOTION in Limine No. 1 - to Preclude Admission of Analyst and Media Reports for the Truth of Their Contents. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Olson, Erik)

March 3, 2022

Filing 604 ENDORSED LETTER addressed to TO ALL COUNSEL IN: Pearlstein v. Blackberry Limited et al. from Judge McMahon dated 3/3/2022 re: I am pleased to report that we have been assigned April 7 (Thursday) as our jury selection date. We will select in my courtroom, which Courtroom 24A it the Daniel Patrick Moynihan Courthouse. Revised COVID protocols mean that we can accommodate as many as 40 jurors for jury selection in that room. As soon as we have a jury (and while your trial will not be as long as you think it will be - time limits on your presentations will be discussed at the final pretrial conference -- I anticipate selection will take a while, as we will have a number of opt outs due to the length of the proceeding), we will proceed to opening statements and evidence. Contrary to my usual rules, we will sit five days a week until the trial is concluded. We will start at 9:30 AM each day and we will break at 5 PM unless I have a criminal matter that I must hear at 4:30. The only exception is that we will break on Wednesday and Thursday, April 13 and 14, at 4 PM, and we will not sit on Friday, April 15, which is both Good Friday and the First Seder (conveniently, they coincide this year). We will resume on Monday, April 18. I am leaving the country on Friday, May 13, and we need to conclude the trial (by conclude I mean conclude - as in, reach a verdict) a week earlier than that, so that I can attend to other matters prior to my departure. If you run out of witnesses prior to the end of the trial day, the next words you should be prepared to say are, "We rest." Plan accordingly. Because this is a civil trial, we listen to witnesses once and once only. This means that both sides should be prepared to question a witness fully when s/he takes the stand. I will be assigning you a number of hours for each side to be on its feet questioning, whether on direct or on cross. That is the amount of time you will have. I am a strict timekeeper. It will take you less time than you think to try this case. We will hold our final pre-trial conference on Monday, March 14 starting at 10 AM. At that conference, we will go over the witness lists, and I will rule on all your objections to the introduction of exhibits. It is my custom to pre-admit exhibits so that we do not consume jury time with ritualistic matters that can easily be resolved prior to trial. I rather imagine that you have "over-objected" to your opponent's exhibits - everyone does, though it is a practice I view with distaste -- but be advised that you must be prepared to argue every objection, in 25 words or less, on March 14. Between now and then, please go over your objections and eliminate any frivolous ones, because you will not be leaving the courthouse for any reason until we are quite done with rulings on objections, and maintaining frivolous objections could keep you here well into the evenmg. Each side will have one half hour (30 minutes) for opening statements. You can factor that into your thinking now because at 30 minutes you will be asked to take your seat. If you start to argue your case during your opening, I will also ask you to be seated. Tailor your remarks accordingly. I will decide on the length of closing arguments after hearing the evidence, but you are unlikely to have more than one hour. All other matters we will take up on March 14. I look forward to seeing you then. ( Final Pretrial Conference set for 3/14/2022 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 3/3/2022) BY ECF TO ALL COUNSEL (kv)

February 28, 2022

Filing 603 ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #590 Motion for Christin J. Hill to Appear Pro Hac Vice. The motion to admit Christin J. Hill as counsel pro hac vice in the above-captioned case is granted. The admitted attorney, Christin J. Hill, is permitted to argue or try this particular case in whole or in part as counsel for defendants Blackberry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein. This Order becomes effective upon the Court's receipt of the required $200.00 fee and confirms the appearance of Christin J. Hill as counsel of record in this case. A notation of the admission of Christin J. Hill pro hac vice in the above-captioned case will be made on the roll of attorneys.. (Signed by Judge Colleen McMahon on 2/28/2022) (kv)

February 28, 2022

Filing 602 ORDER granting #589 Motion for Erik J. Olson to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/28/2022) (ate)

February 28, 2022

Filing 601 ORDER granting #592 Motion for David J. Beck to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/28/2022) (ate)

February 28, 2022

Filing 600 ORDER FOR ADMISSION PRO HAC VICE granting #591 Motion for Fields Alexander to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 2/28/2022) (kv)

February 28, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #591 MOTION for Fields Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780117. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

February 28, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #592 MOTION for David J. Beck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780272. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

February 25, 2022

Filing 599 PROPOSED PRE-TRIAL ORDER. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Plaintiffs' Contentions, #2 Exhibit B - Defendants' Contentions, #3 Exhibit C - Plaintiffs' Exhibit List, #4 Exhibit D - Defendants' Exhibit List, #5 Exhibit E - Joint Exhibit List, #6 Exhibit F - Plaintiffs' Witness List, #7 Exhibit G - Plaintiffs' Initial Designations, #8 Exhibit H - Plaintiffs' Objections to Defendants' Designations, #9 Exhibit I - Plaintiffs' Objections to Defendants' Counters, #10 Exhibit J - Defendants' Witness List, #11 Exhibit K - Defendants' Initial Designations, #12 Exhibit L - Defendants' Objections to Designations).(Miller, Kim)

February 25, 2022

Filing 598 REQUEST TO CHARGE. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

February 25, 2022

Filing 597 NOTICE of Draft Verdict Form. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)

February 25, 2022

Filing 596 PROPOSED VOIR DIRE QUESTIONS. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

February 25, 2022

Filing 595 NOTICE of Draft Verdict Form. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

February 25, 2022

Filing 594 PROPOSED VOIR DIRE QUESTIONS. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Proposed Juror Questionnaire).(Miller, Kim)

February 25, 2022

Filing 593 REQUEST TO CHARGE. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

February 25, 2022

Filing 592 MOTION for David J. Beck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Affidavit of D. Beck and Cert of Good Standing, #2 Text of Proposed Order).(Beck, David)

February 25, 2022

Filing 591 MOTION for Fields Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25780117. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Affidavit of F. Alexander and Cert of Good Standing, #2 Text of Proposed Order).(Alexander, Fields)

February 24, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #589 MOTION for Erik J. Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772888. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

February 24, 2022

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #590 MOTION for Christin J. Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772910. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

February 23, 2022

Filing 590 MOTION for Christin J. Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772910. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of Christin J. Hill in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Hill, Christin)

February 23, 2022

Filing 589 MOTION for Erik J. Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25772888. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of Erik J. Olson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Olson, Erik)

February 23, 2022

Filing 588 ORDER APPROVING BECK REDDEN LLP AS ADDITIONAL TRIAL COUNSEL granting #581 Motion to Approve Approve Beck Redden LLP as Additional Trial Counsel; granting #585 Letter Motion to Expedite. Upon consideration of Lead Plaintiffs and Class Representatives Todd Cox and Mary Dinzik's ("Lead Plaintiffs") Unopposed Motion to Approve Beck Redden LLP as Additional Trial Counsel, IT IS HEREBY ORDERED: 1. The motion is GRANTED. 2. Beck Redden LLP is hereby approved as additional trial counsel for Lead Plaintiffs and the Class. To All Parties: I still do not know whether we got the early April trial date. I will let you know as soon as the trial schedule comes out. But there were a record number of trial requests for this quarter. IT IS ORDERED.. (Signed by Judge Colleen McMahon on 2/23/2022) (kv)

February 22, 2022

Filing 587 NOTICE OF APPEARANCE by Christina L. Golden Ademola on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Golden Ademola, Christina)

February 22, 2022

Filing 586 NOTICE OF APPEARANCE by Jamie A. Levitt on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Levitt, Jamie)

February 22, 2022

Filing 585 LETTER MOTION to Expedite Consideration of Unopposed Motion to Approve Beck Redden LLP as Additional Trial Counsel addressed to Judge Colleen McMahon from Kim E. Miller dated February 22, 2022. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

February 22, 2022

Filing 584 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #581 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

February 22, 2022

Filing 583 DECLARATION of Kim E. Miller in Support re: #581 CONSENT MOTION to Approve Beck Redden LLP as Additional Trial Counsel .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Beck Redden LLP Firm Resume).(Miller, Kim)

February 22, 2022

Filing 582 MEMORANDUM OF LAW in Support re: #581 CONSENT MOTION to Approve Beck Redden LLP as Additional Trial Counsel . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

February 22, 2022

Filing 581 CONSENT MOTION to Approve Beck Redden LLP as Additional Trial Counsel . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

February 22, 2022

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #584 Proposed Order was reviewed and approved as to form. (km)

February 8, 2022

Filing 580 ORDER OF WITHDRAWAL OF STEVEN T. RAPPOPORT: Upon consideration of the motion to withdraw the appearance of Steven T. Rappaport, this Court orders that Mr. Rappaport be withdrawn as counsel of record from this case, and further orders that Mr. Rappaport be removed from the Court's electronic service list. SO ORDERED. (Signed by Judge Colleen McMahon on 2/8/2022) (kv)

February 8, 2022

Filing 579 MEMO ENDORSEMENT granting #578 Motion to Withdraw as Attorney. ENDORSEMENT: Granted, remove Mr. Rappoport's name from notification list. SO ORDERED. Attorney Steven Thomas Rappoport terminated. (Signed by Judge Colleen McMahon on 2/8/2022) (kv)

February 4, 2022

Filing 578 MOTION for Steven T. Rappoport to Withdraw as Attorney . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration in Support of Motion to Withdraw as Counsel of Record, #2 Text of Proposed Order).(Rappoport, Steven)

February 2, 2022

Filing 577 READY FOR TRIAL ORDER, This case is now ready for trial. Because I inherited this case from the docket of a deceased colleague, the parties did not prepare this case for trial in accordance with my normal rules. As a result, they filed summary judgment motions without simultaneously filing a joint pre-trial order. The parties are hereby ORDERED to prepare and file a Joint PreTrial Order in accordance with this court's rules. The order is to be docketed no later than Friday, February 25, 2022. Additionally, the parties are hereby ORDERED to provide my deputy clerk, Mariela de Jesus, with a proposed witness list and an estimate of the length of the trial by next Tuesday, February 8, 2022. The court will almost certainly set its own time limits for this trial, but when I do that I like to have the parties' estimate of how long they think the trial will take. The court intends to ask the Clerk to assign us a jury selection date during the first two weeks of April. As this case is nearly ten years old, I imagine we will qualify for priority in the selection process. Of course, I do not have the power to assign a firm trial date because of the continuing COVID crisis, so we must abide by the decision of the Trial Assignment team. But the parties should be preparing for trial starting in the first two weeks of April. None of these dates is negotiable. None of these dates will be adjourned. The age of this case is such that it needs to be resolved as soon as possible. If the parties are interested in talking settlement, we will facilitate that. However, settlement talks will not delay trial preparation. (Pretrial Order due by 2/25/2022.) (Signed by Judge Colleen McMahon on 2/2/2022) BY ECF TO ALL COUNSEL (kv)

January 25, 2022

Filing 576 ORDER DENYING DEFENDANT STEVE ZIPPERSTEIN'S MOTION FOR RECONSIDERATION re: #574 MOTION for Reconsideration re; #573 Memorandum & Opinion,,,,, . filed by Steve Zipperstein. Zipperstein's motion fails to satisfy the standard for granting reconsideration. The Court has already explained in its decision that scienter is a question for the jury in this case. (See Dkt. No. 573, at 18-19); see also In re Celestica Inc. Sec. Litig., 2014 WL 4160216, at *10 ("The fact intensive nature of a sci enter inquiry often militates against granting judgment as a matter of law"). The question of whether Zipperstein acted with scienter is a material issue of fact that is disputed. (See e.g., Dkt. No. 547,J,J 151, 153, 154). While Zipperstein claims that the Court "overlooked" evidence that shows he is a distinguished professional who acted in good faith and not with scienter, the Court did not overlook this evidence. Unfortunately for Zipperstein, there is evidence that goes the other way. For example, Plaintiffs point to evidence that Zipperstein drafted Blackberry's denial of the Detwiler report (see Dkt. No. 546-22), which included statements that return rates of the Zl0 devices were below forecasts, but Plaintiffs contend that Zipperstein knew the statements were untrue because he had previously received a presentation that the global return rate for the Zl0 was higher than that of the Blackberry 7, above target levels, and "trending" upward. (See e.g., Dkt. No. 547 at,i 151 (citing Pl. Ex. 182, BBPearlstein_00859742)). The jury will make the ultimate determination on scienter. This constitutes the opinion and order of the court. It is a written opinion. The Clerk is directed to close the motion at Docket Number 574. (Signed by Judge Colleen McMahon on 1/25/2022) BY ECF TO ALL COUNSEL (kv)

January 18, 2022

Filing 575 MEMORANDUM OF LAW in Support re: #574 MOTION for Reconsideration re; #573 Memorandum & Opinion,,,,, . . Document filed by Steve Zipperstein..(Beha, James)

January 18, 2022

Filing 574 MOTION for Reconsideration re; #573 Memorandum & Opinion,,,,, . Document filed by Steve Zipperstein..(Beha, James)

January 3, 2022

Filing 573 MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION TO STRIKE re: #557 MOTION to Strike Document No. #547 . filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #506 MOTION for Summary Judgment . filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. For the foregoing reasons, the Defendant's motion to strike is DENIED, and Defendants' motion for summary judgment is DENIED. The parties will be contacted by the court when a trial date is assigned; how long we will continue on centralized scheduling is a function of pandemic related developments. Criminal trials must and will take precedence as long as the court has to request trial dates from the Clerk; and criminal cases will continue to take precedence even after the court is able to resume control over its calendar. Because of the age of the case, once I get control of my own trial calendar, I will prioritize finding a place for it; but right now, my best guess is that this case will go to trial in September or October of 2022. This constitutes the opinion and order of the court. It is a written opinion. The Clerk is directed to close the motions at Docket Numbers 506 and 557. (Signed by Judge Colleen McMahon on 1/3/2022) BY ECF TO ALL COUNSEL (kv)

December 27, 2021

Filing 572 NOTICE of Filing of Proof of Dissemination and Publication of Notice of Pendency of Class Action re: #569 Order on Motion to Approve,,,,. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Affidavit of Luiggy Segura, #2 Exhibit A - Sample Postcard Notice, #3 Exhibit B - Proof of Publication, #4 Exhibit C - Exclusion Requests).(Miller, Kim)

October 13, 2021

Filing 571 NOTICE OF APPEARANCE by Lester L. Levy, Sr on behalf of Marvin Pearlstein..(Levy, Lester)

September 14, 2021

Filing 570 LETTER addressed to Judge Colleen McMahon from James J. Beha dated September 14, 2021 re: Letter in Response to Plaintiffs September 10, 2014 Letter (ECF No. 568). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

September 10, 2021

Filing 569 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF NOTICE OF PENDENCY OF CLASS ACTION #563 Motion to Approve. 1. The motion is GRANTED. 2. The proposed form and content of the Notice of Pendency of Class Action (the "Notice") (see Miller Deel., Ex. A) comports with the mandate of Federal Rule of Civil Procedure 23(c)(2)(B), in that it plainly states the nature of the action, the definition of the Class certified, the Class's claims, issues or defenses, and advises each member of the Class that: (i) the Court will exclude from the Class any member who requests exclusion by a specified date; (ii) the judgement, whether favorable or not, will include all members who do not request exclusion; and (iii) any member who does not request exclusion may, if the member desires, enter an appearance through counsel. The form and substance of the Notice is therefore approved. (As further set forth in this Order.) This Order may be modified by the Court upon motion by either or both Parties, for good cause shown. (Signed by Judge Colleen McMahon on 9/10/2021) (cf)

September 10, 2021

Filing 568 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated September 10, 2021 re: Supplemental Authority. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - SEPTA Opinion).(Miller, Kim)

September 10, 2021

Filing 567 ORDER GRANTING IN PART AND DENYING IN PART PARTIES' DAUBERT MOTIONS #498 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . ; granting in part and denying in part #500 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . ; granting in part and denying in part #512 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . ; granting in part and denying in part #514 Motion re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem ., #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . The motions to exclude the opinions and potential testimony of Professor Thomas Lys, Philip Schimmel, Professor Tlin Erdem, and Professor Itamar Simonson are granted in part and denied in part in accordance with this opinion. The Clerk of Court is respectfully directed to close Dkt. Nos. 498, 500, 512, and 514. (As further set forth in this Order.). (Signed by Judge Colleen McMahon on 9/10/2021) (cf)

August 13, 2021

Filing 566 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #563 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

August 13, 2021

Filing 565 DECLARATION of Kim E. Miller in Support re: #563 MOTION to Approve Notice of Pendency of Class Action .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Notice, #2 Exhibit B - Summary Notice, #3 Exhibit C - Postcard Notice).(Miller, Kim)

August 13, 2021

Filing 564 MEMORANDUM OF LAW in Support re: #563 MOTION to Approve Notice of Pendency of Class Action . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

August 13, 2021

Filing 563 MOTION to Approve Notice of Pendency of Class Action . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

August 13, 2021

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #566 Proposed Order was reviewed and approved as to form. (km)

August 10, 2021

Filing 562 REPLY MEMORANDUM OF LAW in Support re: #557 MOTION to Strike Document No. #547 . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

August 5, 2021

Filing 561 MEMORANDUM OF LAW in Opposition re: #557 MOTION to Strike Document No. #547 . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

July 26, 2021

Filing 560 LETTER addressed to Judge Colleen McMahon from James J. Beha dated July 26, 2021 re: Letter in Response to Plaintiffs July 26, 2021 Letter (ECF No. 559). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

July 26, 2021

Filing 559 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated July 26, 2021 re: Briefing on Defendants' Motion to Strike. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

July 22, 2021

Filing 558 REPLY MEMORANDUM OF LAW in Support re: #506 MOTION for Summary Judgment . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Declaration of James J. Beha in Further Support, #2 Exhibit A to Beha Declaration, #3 Exhibit B to Beha Declaration, #4 Exhibit C to Beha Declaration, #5 Exhibit D to Beha Declaration).(Beha, James)

July 22, 2021

Filing 557 MOTION to Strike Document No. #547 . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Memorandum of Law in Support of Motion to Strike, #2 Declaration of James J. Beha in Support of Motion to Strike, #3 Exhibit A to Beha Declaration, #4 Exhibit B to Beha Declaration, #5 Exhibit C to Beha Declaration, #6 Exhibit D to Beha Declaration, #7 Exhibit E to Beha Declaration).(Beha, James)

July 8, 2021

Filing 556 MEMO ENDORSEMENT on re: #555 Letter, filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: No Reply Briefs on Daubert motions. I will not consider it. (Signed by Judge Colleen McMahon on 7/8/2021) (cf)

July 7, 2021

Filing 555 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated July 7, 2021 re: Response to Plaintiffs July 7, 2021 letter regarding the filing of reply briefs in support of the pending Daubert motions [ECF No. 554]. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

July 7, 2021

Filing 554 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated July 7, 2021 re: Daubert motions. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

July 6, 2021

Filing 553 STIPULATION AND ORDER REGARDING FILING DATE FOR DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT: WHEREAS, pursuant to the Court's February 16, 2021 Order, the deadline for Plaintiffs to file their Opposition to Defendants' Motion for Summary Judgment was set for June 18, 2021, and Defendants' deadline to file their Reply in Support of Defendants' Motion for Summary Judgment was set for July 19, 2021 (Dkt. No. 492); as further set forth in this Order. (Signed by Judge Colleen McMahon on 7/6/2021) (cf)

June 23, 2021

Filing 552 PROPOSED STIPULATION AND ORDER. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

June 23, 2021

Filing 551 MANDATE of USCA (Certified Copy) USCA Case Number 21-243. Petitioners request, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the district courts order granting Respondents' motion for class certification, and move for leave to file a reply. The Washington Legal Foundation and the Chamber of Commerce of the United States of America both move for leave to file amicus briefs. Upon due consideration, it is hereby ORDERED that the motions for leave to file a reply and amicus briefs are GRANTED, but the Rule 23(f) petition is DENIED because an immediate appeal is not warranted... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/23/2021..(nd)

June 21, 2021

Filing 550 DECLARATION of Kim E. Miller in Opposition re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Dr. Erdem deposition excerpts, #2 Exhibit B - Dr. Lys Corrected Report, #3 Exhibit C - Dr. Lys deposition excerpts, #4 Exhibit D - Schimmel deposition excerpts).(Miller, Kim)

June 21, 2021

Filing 549 MEMORANDUM OF LAW in Opposition re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 21, 2021

Filing 548 MEMORANDUM OF LAW in Opposition re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 21, 2021

Filing 547 COUNTER STATEMENT TO #508 Rule 56.1 Statement. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 21, 2021

Filing 546 DECLARATION of Kim E. Miller in Opposition re: #506 MOTION for Summary Judgment .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, #140 Exhibit 140, #141 Exhibit 141, #142 Exhibit 142, #143 Exhibit 143, #144 Exhibit 144, #145 Exhibit 145, #146 Exhibit 146, #147 Exhibit 147, #148 Exhibit 148, #149 Exhibit 149, #150 Exhibit 150, #151 Exhibit 151, #152 Exhibit 152, #153 Exhibit 153, #154 Exhibit 154, #155 Exhibit 155, #156 Exhibit 156, #157 Exhibit 157, #158 Exhibit 158, #159 Exhibit 159, #160 Exhibit 160, #161 Exhibit 161, #162 Exhibit 162, #163 Exhibit 163, #164 Exhibit 164, #165 Exhibit 165, #166 Exhibit 166, #167 Exhibit 167, #168 Exhibit 168, #169 Exhibit 169, #170 Exhibit 170, #171 Exhibit 171, #172 Exhibit 172, #173 Exhibit 173, #174 Exhibit 174, #175 Exhibit 175, #176 Exhibit 176, #177 Exhibit 177, #178 Exhibit 178, #179 Exhibit 179, #180 Exhibit 180, #181 Exhibit 181, #182 Exhibit 182, #183 Exhibit 183, #184 Exhibit 184, #185 Exhibit 185, #186 Exhibit 186, #187 Exhibit 187, #188 Exhibit 188, #189 Exhibit 189, #190 Exhibit 190, #191 Exhibit 191, #192 Exhibit 192, #193 Exhibit 193, #194 Exhibit 194, #195 Exhibit 195, #196 Exhibit 196, #197 Exhibit 197, #198 Exhibit 198, #199 Exhibit 199, #200 Exhibit 200, #201 Exhibit 201, #202 Exhibit 202, #203 Exhibit 203, #204 Exhibit 204, #205 Exhibit 205, #206 Exhibit 206, #207 Exhibit 207, #208 Exhibit 208, #209 Exhibit 209, #210 Exhibit 210, #211 Exhibit 211, #212 Exhibit 212, #213 Exhibit 213, #214 Exhibit 214, #215 Exhibit 215, #216 Exhibit 216, #217 Exhibit 217, #218 Exhibit 218, #219 Exhibit 219, #220 Exhibit 220, #221 Exhibit 221, #222 Exhibit 222, #223 Exhibit 223, #224 Exhibit 224, #225 Exhibit 225, #226 Exhibit 226, #227 Exhibit 227, #228 Exhibit 228, #229 Exhibit 229, #230 Exhibit 230, #231 Exhibit 231, #232 Exhibit 232, #233 Exhibit 233, #234 Exhibit 234, #235 Exhibit 235, #236 Exhibit 236, #237 Exhibit 237, #238 Exhibit 238, #239 Exhibit 239, #240 Exhibit 240, #241 Exhibit 241, #242 Exhibit 242, #243 Exhibit 243, #244 Exhibit 244, #245 Exhibit 245, #246 Exhibit 246, #247 Exhibit 247, #248 Exhibit 248, #249 Exhibit 249, #250 Exhibit 250, #251 Exhibit 251, #252 Exhibit 252, #253 Exhibit 253, #254 Exhibit 254, #255 Exhibit 255, #256 Exhibit 256, #257 Exhibit 257, #258 Exhibit 258, #259 Exhibit 259, #260 Exhibit 260, #261 Exhibit 261, #262 Exhibit 262, #263 Exhibit 263, #264 Exhibit 264, #265 Exhibit 265, #266 Exhibit 266, #267 Exhibit 267, #268 Exhibit 268, #269 Exhibit 269, #270 Exhibit 270, #271 Exhibit 271).(Miller, Kim)

June 21, 2021

Filing 545 MEMORANDUM OF LAW in Opposition re: #506 MOTION for Summary Judgment . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 21, 2021

Filing 544 DECLARATION of James J. Beha II in Opposition re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, Part A, #6 Exhibit 5, Part B, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12).(Beha, James)

June 21, 2021

Filing 543 MEMORANDUM OF LAW in Opposition re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

June 21, 2021

Filing 542 DECLARATION of James J. Beha II in Opposition re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)

June 21, 2021

Filing 541 MEMORANDUM OF LAW in Opposition re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

May 26, 2021

Filing 540 ORDER terminating #503 Motion to Seal; terminating #509 Motion to Seal; terminating #526 Motion to Seal. In light of the parties' responses to the Court's inquiry regarding whether certain documents filed under seal need to be kept under seal (Dkt. No. 531), the Court is satisfied that there are no objections to the unsealing of such documents. Accordingly, the Clerk is directed to make publicly available Dkt. Nos. 505, 515, 517, and 528. The Clerk is also directed to remove the motions at Dkt. No. 503, 509, and 526 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 5/26/2021) (mml)

May 26, 2021

Filing 539 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated May 26, 2021 re: May 5, 2021 Order Temporarily Granting Motions to Seal and Directing Response From Third Party Witnesses Ernst and Young, U.S. Cellular, and T-Mobile (ECF No. 531). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

May 26, 2021

Filing 538 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated May 26, 2021 re: ORDER TEMPORARILY GRANTING MOTIONS TO SEAL AND DIRECTING RESPONSE FROM THIRD PARTY WITNESSES (Dkt. No. 531). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

May 11, 2021

Filing 537 ORDER granting #535 Letter Motion to Adjourn Conference. Application granted. (Signed by Magistrate Judge Katharine H. Parker on 5/11/2021) (mro)

May 11, 2021

Filing 536 ORDER terminating #460 Motion to Seal. In light of Plaintiff's motion (Dkt. No. 460) which sought to make publicly available an umedacted version of the Loss Causation and Damages Report of Steven Feinstein; and given Defendants' letter of 5/10/21 offering no objection to the Feinstein report being publicly available, the Clerk is directed to unseal Dkt. No. 466. The Clerk is also directed to remove the motion at Dkt. No. 460 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 5/11/2021) (cf)

May 11, 2021

Filing 535 JOINT LETTER MOTION to Adjourn Conference Scheduled for May 19, 2021 addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated May 11, 2021. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

May 10, 2021

Filing 534 CERTIFICATE OF SERVICE of Order Temporarily Granting Motions to Seal and Directing Response From Third Party Witnesses served on Ernst and Young LLP Canada, U.S. Cellular, T-Mobile, AT&T, and Verizon Wireless on 5/10/21. Service was made by Email. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

May 10, 2021

Filing 533 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated 05/10/2021 re: Letter in Response to the Courts May 5, 2021 Order to Show Case (ECF No. 532). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

May 5, 2021

Filing 532 ORDER TO SHOW CAUSE WHY THE FEINSTEIN REPORT FILED IN CONNECTION WITH THE PREVIOUSLY DECIDED CLASS CERTIFICATION MOTION SHOULD NOT BE IMMEDIATELY UNSEALED: Defendants have until 5 PM on Friday, May 14, 2021 to submit to the court a document that explains, on a line by line basis, why any portion of the Feinstein Report should remain under seal. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 5/5/2021) (cf)

May 5, 2021

Filing 531 ORDER TEMPORARILY GRANTING MOTIONS TO SEAL AND DIRECTING RESPONSE FROM THIRD PARTY WITNESSES ERNST AND YOUNG, U.S. CELLULAR, AND T-MOBILE: In order to facilitate the making of that decision: All parties may temporarily file under seal any document submitted in connection with their summary judgment motions and responses, or related Daubert motions, that contain what I will call "Third Party Confidential Material." A hard copy of any document containing redactions must be provided to chambers. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 5/5/2021) (cf)

May 5, 2021

Filing 530 MANDATE of USCA (Certified Copy) as to #392 Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug, #423 Amended Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug. USCA Case Number 19-3376. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/05/2021. (Attachments: #1 Opinion).(nd)

May 5, 2021

Transmission of USCA Mandate to the District Judge re: #530 USCA Mandate,..(nd)

April 20, 2021

Filing 529 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated 4/20/2021 re: Courtesy Copies. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 20, 2021

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #519 Proposed Order was reviewed and approved as to form. (dt)

April 20, 2021

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #520 Proposed Order was reviewed and approved as to form. (dt)

April 20, 2021

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #511 Proposed Order was reviewed and approved as to form. (dt)

April 19, 2021

Filing 528 ***SELECTED PARTIES***DECLARATION of James J. Beha II in Support re: #506 MOTION for Summary Judgment .. Document filed by Thorsten Heins, Steve Zipperstein, Brian Bidulka, Blackberry Limited, Omar Ahmed, Mark Katz, National Economic Research Associates, Inc., Marvin Pearlstein, The BlackBerry Limited Investor Group, Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit 4 (Sealed), #2 Exhibit 14 (Sealed), #3 Exhibit 23 (Sealed), #4 Exhibit 37 (Sealed), #5 Exhibit 108 (Sealed), #6 Exhibit 181 (Sealed))Motion or Order to File Under Seal: #526 .(Beha, James)

April 19, 2021

Filing 527 MEMORANDUM OF LAW in Support re: #526 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motion for Summary Judgment. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 526 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motion for Summary Judgment. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 525 DECLARATION of Barbara Stymiest in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 524 DECLARATION of Brian J. Bidulka in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 523 DECLARATION of Steven E. Zipperstein in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 522 DECLARATION of Thorsten Heins in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 521 DECLARATION of James J. Beha II in Support re: #506 MOTION for Summary Judgment .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Redacted), #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 (Redacted), #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 (Redacted), #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37 (Redacted), #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108 (Redacted), #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, #140 Exhibit 140, #141 Exhibit 141, #142 Exhibit 142, #143 Exhibit 143, #144 Exhibit 144, #145 Exhibit 145, #146 Exhibit 146, #147 Exhibit 147, #148 Exhibit 148, #149 Exhibit 149, #150 Exhibit 150, #151 Exhibit 151, #152 Exhibit 152, #153 Exhibit 153, #154 Exhibit 154, #155 Exhibit 155, #156 Exhibit 156, #157 Exhibit 157, #158 Exhibit 158, #159 Exhibit 159, #160 Exhibit 160, #161 Exhibit 161, #162 Exhibit 162, #163 Exhibit 163, #164 Exhibit 164, #165 Exhibit 165, #166 Exhibit 166, #167 Exhibit 167, #168 Exhibit 168, #169 Exhibit 169, #170 Exhibit 170, #171 Exhibit 171, #172 Exhibit 172, #173 Exhibit 173, #174 Exhibit 174, #175 Exhibit 175, #176 Exhibit 176, #177 Exhibit 177, #178 Exhibit 178, #179 Exhibit 179, #180 Exhibit 180, #181 Exhibit 181 (Redacted), #182 Exhibit 182, #183 Exhibit 183, #184 Exhibit 184, #185 Exhibit 185, #186 Exhibit 186, #187 Exhibit 187, #188 Exhibit 188, #189 Exhibit 189, #190 Exhibit 190, #191 Exhibit 191, #192 Exhibit 192, #193 Exhibit 193, #194 Exhibit 194, #195 Exhibit 195).(Beha, James)

April 19, 2021

Filing 520 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #514 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

April 19, 2021

Filing 519 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #512 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

April 19, 2021

Filing 518 DECLARATION of Kim E. Miller in Support re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Simonson Report, #2 Errata B - Erdem Report [REDACTED], #3 Exhibit C - Keiningham Report, #4 Exhibit D - Schimmel Report [REDACTED], #5 Exhibit E - Lys Report [REDACTED], #6 Exhibit F - Schimmel Deposition Excerpts).(Miller, Kim)

April 19, 2021

Filing 517 ***SELECTED PARTIES***DECLARATION of Kim E. Miller in Support re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson ., #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel .. Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A - Simonson Report, #2 Exhibit B - Erdem Report, #3 Exhibit C - Keiningham Report, #4 Exhibit D - Schimmel Report, #5 Exhibit E - LYs Report, #6 Exhibit F - Schimmel Deposition Excerpts)Motion or Order to File Under Seal: #509 .(Miller, Kim)

April 19, 2021

Filing 516 MEMORANDUM OF LAW in Support re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . [REDACTED]. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 19, 2021

Filing 515 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . . Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. Motion or Order to File Under Seal: #509 .(Miller, Kim)

April 19, 2021

Filing 514 MOTION to Exclude the Opinions and Testimony of Philip R. Schimmel . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 19, 2021

Filing 513 MEMORANDUM OF LAW in Support re: #512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 19, 2021

Filing 512 MOTION to Exclude the Opinions and Testimony of Dr. Itamar Simonson . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 19, 2021

Filing 511 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #509 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

April 19, 2021

Filing 510 MEMORANDUM OF LAW in Support re: #509 MOTION to Seal . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 19, 2021

Filing 509 MOTION to Seal . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

April 19, 2021

Filing 508 RULE 56.1 STATEMENT. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 507 MEMORANDUM OF LAW in Support re: #506 MOTION for Summary Judgment . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 506 MOTION for Summary Judgment . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. Responses due by 6/18/2021.(Beha, James)

April 19, 2021

Filing 505 ***SELECTED PARTIES***DECLARATION of James J. Beha II in Support re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem .. Document filed by Thorsten Heins, Steve Zipperstein, Brian Bidulka, Blackberry Limited, Omar Ahmed, Mark Katz, National Economic Research Associates, Inc., Marvin Pearlstein, The BlackBerry Limited Investor Group, Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A (Sealed), #2 Exhibit D (Sealed), #3 Exhibit N (Sealed))Motion or Order to File Under Seal: #503 .(Beha, James)

April 19, 2021

Filing 504 MEMORANDUM OF LAW in Support re: #503 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motions to Exclude Expert Opinion and Testimony of Dr. Thomas Lys and Dr. Tulin Erdem. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 503 MOTION to Seal Certain Exhibits to the Declaration of James J. Beha II in Support of Defendants' Motions to Exclude Expert Opinion and Testimony of Dr. Thomas Lys and Dr. Tulin Erdem. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 502 DECLARATION of James J. Beha II in Support re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys ., #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P).(Beha, James)

April 19, 2021

Filing 501 MEMORANDUM OF LAW in Support re: #500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 500 MOTION to Exclude the Expert Opinion and Testimony of Dr. Thomas Lys . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 499 MEMORANDUM OF LAW in Support re: #498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 19, 2021

Filing 498 MOTION to Exclude the Expert Opinion and Testimony of Dr. Tulin Erdem . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

April 15, 2021

Filing 497 MEMO ENDORSEMENT on re: #496 Letter filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 4/15/2021) (cf)

April 12, 2021

Filing 496 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated 4/12/2012 re: page limits for all Summary Judgment Briefs. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

February 23, 2021

Filing 495 ORDER OF WITHDRAWAL OF CLAIRE GUNNER, ESQ. granting #493 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Claire Gunner, Esq., this Court orders that Ms. Gunner be withdrawn as counsel of record from this case, and further orders that Ms. Gunner be removed from the Court's electronic service list. Attorney Claire Gunner terminated. (Signed by Magistrate Judge Katharine H. Parker on 2/23/2021) (mro)

February 19, 2021

Filing 494 DECLARATION of James J. Beha II in Support re: #493 MOTION for Claire Gunner to Withdraw as Attorney .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

February 19, 2021

Filing 493 MOTION for Claire Gunner to Withdraw as Attorney . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Text of Proposed Order).(Beha, James)

February 16, 2021

Filing 492 MEMO ENDORSEMENT on re: #491 Letter filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: GRANTED. The schedule will be as follows: Deadline for Dispositive Motions: April 19, 2021, Deadline for Oppositions to Dispositive Motions: June 18, 2021, Deadline for Replies in Support of Dispositive Motions: July 19, 2021. (Motions due by 4/19/2021. Responses due by 6/18/2021. Replies due by 7/19/2021.) (Signed by Judge Colleen McMahon on 2/16/2021) (mml)

February 15, 2021

Filing 491 JOINT LETTER addressed to Judge Colleen McMahon from James J. Beha II dated February 15, 2021 re: Schedule for Dispositive Motions. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

February 8, 2021

Filing 490 ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Wednesday, May 19, 2021 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than May 12, 2021 by 5:00 p.m. ( Telephone Conference set for 5/19/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/8/2021) (mro)

February 8, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 2/8/2021. AT&T Conference Line. (ca)

February 5, 2021

NOTICE TO COUNSEL: REMINDER of telephonic Case Management conference scheduled for Monday, February 8, 2021 at 2:00 p.m. Please dial (866) 434-5269 Code: 4858267 re: #489 Order.(ca)

January 27, 2021

Filing 489 ORDER SCHEDULING TELEPHONIC CASE MANAGEMENT CONFERENCE: A telephonic Case Management conference in this matter is hereby scheduled for Monday, February 8, 2021 at 2:00 p.m. The parties are directed to call into the court conference line at the scheduled time. Please dial (866) 434-5269 Code: 4858267. ( Telephone Conference set for 2/8/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/27/2021) (mro)

January 26, 2021

Filing 488 ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION granting #463 Motion to Certify Class. Plaintiffs' motion to certify a class, appoint class representatives, and appoint class counsel is granted in accordance with this opinion. The class is modified to exclude true in-and-out traders as stated above. The Clerk of Court is respectfully directed to close Dkt. No. 463. BY ECF TO ALL PARTIES. (Signed by Judge Colleen McMahon on 1/26/2021) (ks)

October 1, 2020

Filing 487 MEMO ENDORSEMENT on #486 denying #485 Letter Motion for Leave to File Document. ENDORSEMENT: No surreply. (Signed by Judge Colleen McMahon on 10/1/2020) (mml)

September 30, 2020

Filing 486 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated September 30, 2020 re: Defendants' Letter Motion for Surreply (ECF 485). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

September 30, 2020

Filing 485 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Colleen McMahon from James J. Beha II dated September 30, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

September 28, 2020

Filing 484 DECLARATION of Kim E. Miller in Support re: #463 MOTION to Certify Class .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Miller, Kim)

September 28, 2020

Filing 483 REPLY MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class . and in Response to Opposition Filed by Defendant Steve Zipperstein (ECF No. 477). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

September 28, 2020

Filing 482 REPLY MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class . and in Response to Opposition Filed by Defendants BlackBerry Limited, Thorsten Heins, and Brian Bidulka (ECF No. 476). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

September 9, 2020

Filing 481 LETTER addressed to TO ALL COUNSEL IN: Pearlstein v. Blackberry Limited, 13 Civ. 7060 (CM)(KHP) from Judges McMahon and Parker dated 9/9/2020 re: In an effort to expedite this very old matter, and in recognition of the fact that careful attention could not be paid over the past few months, we have consulted and made the following decisions: 1. Chief Judge McMahon will handle the class certification motion rather than having Magistrate Judge Parker deliver a Report and Recommendation. The briefing schedule set by Magistrate Judge Parker, which calls for briefing to be completed by September 28, will remain in place. Please do not ask for any extensions or adjournments. None will be granted. There will be no oral argument unless Chief Judge McMahon decides that one is necessary; the October 8 date set by Magistrate Judge Parker for oral argument is cancelled. 2. Briefing on the summary judgment motions will be deferred until the class certification motion has been decided. Once that happens, Chief Judge McMahon will set the briefing schedule, and it will likely be a short schedule. (The following hearing(s) was terminated: Oral Argument). (rjm)

August 23, 2020

Filing 480 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from James J. Beha II dated 08/23/2020 re: #479 LETTER MOTION for Conference addressed to Judge Colleen McMahon from Kim E. Miller dated August 21, 2020. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

August 21, 2020

Filing 479 LETTER MOTION for Conference addressed to Judge Colleen McMahon from Kim E. Miller dated August 21, 2020. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

August 10, 2020

Filing 478 DECLARATION of James J. Beha II in Opposition re: #463 MOTION to Certify Class .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Beha, James)

August 10, 2020

Filing 477 MEMORANDUM OF LAW in Opposition re: #463 MOTION to Certify Class . . Document filed by Steve Zipperstein..(Beha, James)

August 10, 2020

Filing 476 MEMORANDUM OF LAW in Opposition re: #463 MOTION to Certify Class . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins..(Beha, James)

July 20, 2020

Filing 475 NOTICE OF CHANGE OF ADDRESS by Kim Elaine Miller on behalf of Todd Cox & Mary Dinzik. New Address: Kahn Swick & Foti, LLC, 250 Park Avenue, 7th Floor, New York, New York, United States 10177, (212) 696-3730..(Miller, Kim)

June 11, 2020

Filing 474 SCHEDULING ORDER granting #471 Letter Motion for Extension of Time. Defendants' request for an extension of the briefing schedule (ECF Nos. 471-472) is GRANTED on Plaintiff's consent (ECF No. 472). Defendants' opposition to Plaintiffs' Motion for Class Certification is due on August 10, 2020. Plaintiffs' reply is due September 28, 2020. Oral argument and, if requested, testimony, on Plaintiffs' Motion will proceed, as scheduled, on October 8, 2020 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Katharine H. Parker on 6/11/2020) (mro)

June 11, 2020

Set/Reset Deadlines: Responses due by 8/10/2020 Replies due by 9/28/2020. (mro)

June 10, 2020

Filing 473 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated June 10, 2020 re: Defendants' Letter Motion and Subsequent Corrective Letter (ECF Nos. 471, 472). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 10, 2020

Filing 472 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated June 10, 2020 re: Correction to ECF No. 471. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

June 10, 2020

Filing 471 LETTER MOTION for Extension of Time / Modification of Briefing Schedule for Plaintiffs Motion for Class Certification, Appointment of Class Representatives, and Appointment of Class Counsel addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated June 10, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

June 9, 2020

Filing 470 NOTICE OF APPEARANCE by Steven Thomas Rappoport on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Rappoport, Steven)

June 8, 2020

Filing 469 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated June 8, 2020 re: Courtesy Copies of Motion to Seal and Motion to Certify Class. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 8, 2020

Filing 468 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #463 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

June 8, 2020

Filing 467 DECLARATION of Kim E. Miller in Support re: #463 MOTION to Certify Class ., #460 MOTION to Seal .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A [REDACTED], #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Miller, Kim)

June 8, 2020

Filing 466 ***SELECTED PARTIES***DECLARATION of Kim E. Miller in Support re: #463 MOTION to Certify Class ., #460 MOTION to Seal .. Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #460 .(Miller, Kim)

June 8, 2020

Filing 465 MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class ., #460 MOTION to Seal . [REDACTED]. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 8, 2020

Filing 464 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #463 MOTION to Certify Class . . Document filed by Todd Cox & Mary Dinzik, Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. Motion or Order to File Under Seal: #460 .(Miller, Kim)

June 8, 2020

Filing 463 MOTION to Certify Class . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 8, 2020

Filing 462 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #460 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

June 8, 2020

Filing 461 MEMORANDUM OF LAW in Support re: #460 MOTION to Seal . . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 8, 2020

Filing 460 MOTION to Seal . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

June 8, 2020

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #462 Proposed Order, #468 Proposed Order was reviewed and approved as to form. (ad)

May 29, 2020

Filing 459 ORDER GRANTING LEAD PLAINTIFFS' MOTION TO REMOVE CASE FROM SUSPENSE CALENDAR AND REQUESTING PERMISSION TO FILE NEW CLASS CERTIFICATION MOTION IN LIGHT OF SECOND CIRCUIT DECISION IN GOLDMAN granting #447 Motion to Remove from Suspense Docket. THIS COURT, having considered Lead Plaintiffs' Motion to Remove Case from Suspense Calendar and Requesting Permission to File New Class Certification Motion in Light of Second Circuit Decision in Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc., 955 F.3d 254 (2d Cir. 2010), and the accompanying memorandum in support, HEREBY ORDERS as follows: 1. This action is removed from the Suspense Calendar; and 2. Lead Plaintiffs may file their new class certification motion on or before June 12, 2020. IT IS SO ORDERED. (Signed by Judge Colleen McMahon on 5/29/2020) (mml)

May 29, 2020

Set/Reset Deadlines: Motions due by 6/12/2020. (mml)

May 26, 2020

Filing 458 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 5/11/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)

May 26, 2020

Filing 457 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/11/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2020. Redacted Transcript Deadline set for 6/26/2020. Release of Transcript Restriction set for 8/24/2020..(McGuirk, Kelly)

May 23, 2020

Filing 456 ORDER granting #455 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

May 22, 2020

Filing 455 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated 05/22/2020. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

May 11, 2020

Filing 454 SCHEDULING ORDER: Expert Discovery due by 11/13/2020. Plaintiffs' expert reports due 5/29/2020. Defendants to identify new subject experts by 6/29/2020. Defendants' rebuttal expert reports and opening expert reports by 8/12/2020. Plaintiffs' reply expert reports due 9/10/2020. Plaintiffs to serve rebuttal reports by 9/25/2020. Defendants reply expert reports due 10/23/2020. Expert depositions to take place between 10/1-11/13/2020. Moving class certification brief due 5/29/2020. Opposition due 7/31/2020. Reply due 9/18/2020. Oral Argument and evidentiary hearing (if requested by Court) set for 10/8/2020 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)

May 11, 2020

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 5/11/2020. Court reporter Paula Speer was present for purposes of transcript. (kgo)

May 8, 2020

Filing 453 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated May 8, 2020 re: Mootness of Topics Raised in Defendants' Letter (ECF No. 452). Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

May 8, 2020

Filing 452 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 05/08/2020 re: Response to Lead Plaintiffs letter (ECF No. 450) and to inform the Court of the topics we wish to discuss at Mondays status conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

May 8, 2020

Filing 451 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 05/08/2020 re: The letter Lead Plaintiffs filed a few minutes ago re agreement to adjourn Monday's conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

May 8, 2020

Filing 450 LETTER addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 05/08/2020 re: May 11, 2020 Conference. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

May 7, 2020

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #448 Proposed Order was reviewed and approved as to form. (km)

May 6, 2020

Filing 449 MEMORANDUM OF LAW in Support re: #447 MOTION to Remove from Suspense Docket and Grant Permission to File New Class Certification Motion. . Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

May 6, 2020

Filing 448 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #447 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

May 6, 2020

Filing 447 MOTION to Remove from Suspense Docket and Grant Permission to File New Class Certification Motion. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

May 4, 2020

Filing 446 ORDER. The conference scheduled for May 11, 2020 at 10:30 a.m. shall be conducted by Skype for Business rather than by phone as previously ordered. The court has sent a calendar link to attorneys for the parties. To the extent additional attorneys for the parties or the parties wish to participate, the parties shall email chambers to provide their names and emails. To participate by phone call: (917) 933-2166 with conference ID740066269#. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)

March 16, 2020

Filing 445 ORDER: In light of the national emergency, the conference in this matter scheduled for May 11, 2020 is hereby converted to a telephone conference. The parties are directed to call into the Court conference line at (866) 434-5269, Code: 4858267 at the appropriate time. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) ( Telephone Conference set for 5/11/2020 at 10:30 AM before Magistrate Judge Katharine H. Parker.) (ks)

March 16, 2020

Filing 444 ORDER: NOW, THEREFORE, in order to protect public health, reduce unnecessary travel, and minimize the risk of exposure while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1; It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, video conference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the parties stipulate otherwise") the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. In light of the current pandemic, the court reporter may attend the deposition and administer the oath via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 60 days, together with all post-discovery deadlines previously set by this Court. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding unnecessary health risks. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (ks)

March 10, 2020

Filing 443 ORDER granting #442 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The Status Conference in this matter that is scheduled for Wednesday,March 10, 2020 at 4:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby rescheduled to Monday, May 11, 2020 at 10:30 a.m. Application Granted. (Status Conference set for 5/11/2020 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/10/20) (yv)

March 9, 2020

Filing 442 JOINT LETTER MOTION to Adjourn Conference Scheduled for March 11, 2020 addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated March 9, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

February 25, 2020

Filing 441 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/24/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)

February 25, 2020

Filing 440 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/24/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2020. Redacted Transcript Deadline set for 3/27/2020. Release of Transcript Restriction set for 5/26/2020..(McGuirk, Kelly)

February 11, 2020

Filing 439 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 2/7/20 re: Plaintiffs' 1/31/20 Letter. Document filed by Thorsten Heins, Steve Zipperstein, Brian Bidulka, Todd Cox & Mary Dinzik, Blackberry Limited, Marvin Pearlstein. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #438 .(Beha, James)

February 10, 2020

Filing 438 ORDER granting #435 Motion to Seal Document. Defendants' application is granted. Defendants are directed to re-file an appropriately sealed copy of the document at Doc. No. 433. The Clerk of Court is respectfully asked to remove the document currently at Doc. No. 433. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/10/2020) (ks)

February 7, 2020

Filing 437 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 02/07/20 re: Response to Plaintiffs Request to Depose Jeff Johnston. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)

February 7, 2020

Filing 436 ORDER granting #432 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/7/2020) (ks)

February 7, 2020

Filing 435 LETTER MOTION to Seal Document #433 Response addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated February 7, 2020. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein..(Beha, James)

February 7, 2020

Filing 434 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated February 7, 2020 re: Request to Depose Jeff Johnston. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Ex. A).(Miller, Kim)

February 7, 2020

Filing 433 RESPONSE re: #431 Letter, . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A).(Beha, James)

January 31, 2020

Filing 432 LETTER MOTION to Seal Document #431 Letter, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 31, 2020. Document filed by Todd Cox & Mary Dinzik..(Miller, Kim)

January 31, 2020

Filing 431 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 31, 2020 re: Issues Raised at the January 24, 2020 Discovery Conference. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Miller, Kim)

January 24, 2020

Filing 430 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/19/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(rro)

January 24, 2020

Filing 429 TRANSCRIPT of Proceedings re: Telephone Conference held on 12/19/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/23/2020.(rro)

January 24, 2020

Filing 428 ORDER: As discussed during today's status conference, the next status conference is scheduled for March 11, 2020 at 4:00 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/24/2020) ( Status Conference set for 3/11/2020 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)

January 24, 2020

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 1/24/2020. (Court Reporter Carol Ganley) (ca)

January 23, 2020

Filing 427 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 23, 2020 re: January 24, 2020 Conference. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

January 23, 2020

Filing 426 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated January 23, 2020 re: January 24, 2020 Conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beha, James)

January 6, 2020

Filing 425 STIPULATION AND ORDER GOVERNING SCHEDULE OF EXPERT DISCOVERY: Hereby jointly stipulate to the following schedule to govern expert discovery in this action, subject to the Court's approval: January 31, 2020 Deadline for completion of fact discovery; May 20-June 29, 2020 Expert depositions; June 29, 2020 Deadline for completion of expert discovery; as further set forth in this Order. STIPULATED AND AGREED. IT IS SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/6/2020) ( Deposition due by 6/29/2020., Expert Discovery due by 6/29/2020., Fact Discovery due by 1/31/2020.) (ks)

January 3, 2020

Filing 424 PROPOSED STIPULATION AND ORDER. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

December 30, 2019

Filing 423 AMENDED NOTICE OF APPEAL re: #392 Notice of Appeal, #414 Order on Motion for Entry of Judgment under Rule 54(b),,,,, #367 Order Adopting Report and Recommendations,,,, #417 Order on Motion for Reconsideration, #413 Judgment, Terminate Motions,,,,,,,, #338 Report and Recommendations,,,,,,. Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David)

December 30, 2019

Filing 422 FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - AMENDED NOTICE OF APPEAL re: #392 Notice of Appeal,. Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David) Modified on 12/30/2019 (nd).

December 30, 2019

***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney David A.P. Brower to RE-FILE Document No. #422 Amended Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Amended Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd)

December 30, 2019

Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #423 Amended Notice of Appeal,. (nd)

December 30, 2019

First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 19-3376, Certified Supplemental Indexed record on Appeal Electronic Files for #409 MOTION for Reconsideration . filed by Yong M. Cho, Batuhan Ulug, #419 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 12/23/2019. filed by Todd Cox & Mary Dinzik, #403 Letter, filed by Blackberry Limited, #414 Order on Motion for Entry of Judgment under Rule 54(b),,,,, #407 Notice of Filing Transcript,, #410 Memorandum of Law in Support of Motion filed by Yong M. Cho, Batuhan Ulug, #394 Order on Motion to Appoint Counsel, Order on Motion to Expedite,,,, #393 Reply Memorandum of Law in Support of Motion filed by Todd Cox & Mary Dinzik, #406 Transcript,, #421 Memo Endorsement, #399 Letter filed by Todd Cox & Mary Dinzik, #416 Telephone Conference, #397 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated November 12, 2019. filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #396 Response filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #400 Order, Set Hearings,,,,,,,,,,,, #423 Amended Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug, #415 Order on Motion to Seal Document, #404 Letter, filed by Todd Cox & Mary Dinzik, #418 Order, Set Hearings,,,, #405 LETTER MOTION to Seal Document #404 Letter, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated December 11, 2019. filed by Todd Cox & Mary Dinzik, #398 Stipulation and Order, Terminate Motions, Set Deadlines,,,,,,,,,,,, #420 Response to Motion, filed by Blackberry Limited, #417 Order on Motion for Reconsideration, #413 Judgment, Terminate Motions,,,,,,,, #401 USCA Order - Other,, #395 Letter filed by Todd Cox & Mary Dinzik, #411 MOTION for Entry of Judgment under Rule 54(b) . filed by Yong M. Cho, Batuhan Ulug, #408 Letter filed by Yong M. Cho, Batuhan Ulug, #412 Memorandum of Law in Support of Motion filed by Yong M. Cho, Batuhan Ulug were transmitted to the U.S. Court of Appeals. (nd)

December 30, 2019

USCA Case Number 19-3376 from the U.S. Court of Appeals, 2nd Circ. assigned to #392 Notice of Appeal filed by Yong M. Cho, Batuhan Ulug. (nd)

December 23, 2019

Filing 421 MEMO ENDORSEMENT on re: #420 Response to Motion, filed by Blackberry Limited. ENDORSEMENT: The parties' joint proposed expert discovery schedule is due by January 3, 2020. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/23/2019) (ks)

December 23, 2019

Filing 420 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Dan Marmalefsky dated December 23, 2019 re: #419 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 12/23/2019. . Document filed by Blackberry Limited. (Marmalefsky, Dan)

December 23, 2019

Filing 419 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from KIM E. MILLER dated 12/23/2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

December 19, 2019

Filing 418 ORDER, The following order is entered: Litigation Hold Production. Defendants are directed to produce the litigation hold memoranda and distributions lists as discussed during the conference. The parties are directed to the record for further detailing. Status Conference. A status conference in this matter is hereby scheduled for January 24, 2020 at 3:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Status Conference set for 1/24/2020 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/19/19) (yv)

December 19, 2019

Filing 417 ORDER DENYING MOTION FOR RECONSIDERATION OF THE SEPTEMBER 24, 2019 ORDER denying #409 Motion for Reconsideration. This constitutes the written opinion and order of the court. The Clerk of Court should close the motion at Docket Number 409. SO ORDERED. (Signed by Judge Colleen McMahon on 12/19/2019) (mml)

December 19, 2019

Filing 416 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 12/19/2019 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)

December 19, 2019

Filing 415 ORDER granting #405 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 12/18/2019) (ks)

December 16, 2019

Filing 414 ORDER GRANTING MOTION FOR JUDGMENt granting #411 Motion for Entry of Judgment under Rule 54(b). On September 24, 2019, this Court entered an order accepting Magistrate Judge Parker's Report and Recommendation with respect to Defendants' motion on the pleadings and dismissing the claims of "Additional Plaintiffs" Yong M. Cho and Batuhan Ulug. (Dkt. No. 367.) The order affirmed Judge Parker's determination that Judge Griesa's prior orders granting the Defendants' first motion to dismiss (Dkt. Nos. 55, 62) constituted a final judgment as to the Additional Plaintiffs. This Court has received two motions from the Additional Plaintiffs. First, they ask for this court to enter judgment so that they may file a notice of appeal of my September 24 order, and raise the issue the with the Second Circuit. (Dkt. No. 411.) That motion is GRANTED. The Additional Plaintiffs' proposed judgment (Dkt. No. 411-1) will be signed and docketed today. Additional Plaintiffs also ask this Court to reconsider its September 24 order pursuant to Federal Rule of Civil Procedure 54(b) and Local Rule 6.3. (Dkt. No. 409.) I intend to issue an order and opinion denying that motion next week sua sponte. Defendants should not file opposition papers to Additional Plaintiffs' motion for reconsideration. SO ORDERED. (Signed by Judge Colleen McMahon on 12/16/2019) (mml)

December 16, 2019

Filing 413 JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b): Pursuant to Magistrate Judge Katharine H. Parker's Report & Recommendation Regarding BlackBerry's Motion for Partial Judgement on the Pleadings to dismiss the claims of Yong M. Cho and Batuhan Ulug ("R&R"), entered on August 2, 2019, and this Court's Memorandum Decision and Order Accepting Report and Recommendation and Dismissing the Claims of "Additional Plaintiffs" Cho and Ulug as Against All Defendants ("Dismissal Order"), entered on September 24, 2019, and finding that there is no just reason for delay pursuant to Fed. R. Civ. P. 54(b), it is hereby ORDERED, ADJUGED, and DECREED, for the reasons set forth in the R&R and the Dismissal Order, that Judgment is entered in favor of Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein against Plaintiffs Yong M. Cho and Batuhan Ulug dismissing all of their claims with prejudice. This shall be deemed to be a final judgment within the meaning of Fed. R. Civ. P. 58. (Signed by Judge Colleen McMahon on 12/16/2019) (mml)

December 12, 2019

Filing 412 MEMORANDUM OF LAW in Support re: #411 MOTION for Entry of Judgment under Rule 54(b) . . Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David)

December 12, 2019

Filing 411 MOTION for Entry of Judgment under Rule 54(b) . Document filed by Yong M. Cho, Batuhan Ulug. (Attachments: #1 Text of Proposed Order) (Brower, David)

December 12, 2019

Filing 410 MEMORANDUM OF LAW in Support re: #409 MOTION for Reconsideration . . Document filed by Yong M. Cho, Batuhan Ulug. (Brower, David)

December 12, 2019

Filing 409 MOTION for Reconsideration . Document filed by Yong M. Cho, Batuhan Ulug. (Attachments: #1 Text of Proposed Order)(Brower, David)

December 12, 2019

Filing 408 LETTER addressed to Judge Colleen McMahon from David A.P. Brower dated 12/12/2019 re: Motion for Reconsideration, Motion for Entry of Judgment, Courtesy Copies. Document filed by Yong M. Cho, Batuhan Ulug.(Brower, David)

December 12, 2019

Filing 407 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/25/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

December 12, 2019

Filing 406 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/25/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/11/2020.(McGuirk, Kelly)

December 11, 2019

Filing 405 LETTER MOTION to Seal Document #404 Letter, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated December 11, 2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

December 11, 2019

Filing 404 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated December 11, 2019 re: Response to Defendants' Letter Dated December 4, 2019 Re: Litigation Holds. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Kim)

December 4, 2019

Filing 403 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated December 4, 2019 re: Litigation Holds and Accompanying Distribution Lists Discussed During the November 25, 2019 Conference. Document filed by Blackberry Limited.(Beha, James)

December 3, 2019

Filing 402 ORDER granting #391 Letter Motion for Discovery. See transcript of conference from Nov. 25, 2019 for details on ruling and parameters for deposition. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

November 26, 2019

Filing 401 ORDER of USCA (Certified Copy) as to #392 Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug. USCA Case Number 19-3376. Appellants move the Court to hold this appeal in abeyance pending entry of judgment by the District Court. Appellees do not oppose the motion. IT IS HEREBY ORDERED that the motion is GRANTED. Appellants are instructed to inform the Court within 7 days of the date the District Court enters a final judgment with respect to their claims against all of the defendants. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/26/2019. (nd)

November 25, 2019

Filing 400 ORDER: As discussed on the record, the following order is entered: Depositions. By December 9, 2019, Defendants are directed to give Plaintiffs the names of people they intend to depose based on their review of the recently produced FBI documents. In Camera Review. Defendants are directed to submit the five litigation hold memos and distribution lists discussed in today's conference via email for the Court's in camera review by December 4, 2019. Defendants shall highlight any portions over which Defendants do not object to producing. Defendants are also directed to highlight in the distribution lists of each memo the names of those who are custodians of records produced in this action. Defendants may submit a letter explaining their objections to producing the full custodian list together with their in camera submission of the litigation hold memos. Their letter shall be filed on ECF. Plaintiffs' response, if any, is due by December 11, 2019. Telephone Conference. A telephone conference in this matter is scheduled for December 19, 2019 at 4:00 p.m. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. The parties are directed to meet and confer before the telephone conference regarding proposed dates during the week of either January 6, 2020 or the week of January 20, 2020 for an in-person conference. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2019) ( Telephone Conference set for 12/19/2019 at 04:00 PM before Magistrate Judge Katharine H. Parker.) (ks)

November 25, 2019

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 11/25/2019. (Court Reporter Steven Greenblum) (ca)

November 21, 2019

Filing 399 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated November 21, 2019 re: November 25, 2019 Conference. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

November 13, 2019

Filing 398 STIPULATION AND ORDER GOVERNING SCHEDULING OF EXPERT DISCOVERY: Motions terminated: #397 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated November 12, 2019. filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins., Hereby jointly stipulate to the following schedule to govern expert discovery in this action, subject to the Court's approval: Schedule for Identification of Experts and Exchange of Expert Reports: January 31, 2020 Deadline for completion of fact discovery, Schedule for Expert Depositions and Completion of Expert Discovery: April 20-May 29, 2020 Expert Depositions May 29, 2020 Deadline for completion of expert discovery. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/13/2019) ( Deposition due by 5/29/2020., Expert Discovery due by 5/29/2020., Fact Discovery due by 1/31/2020.) (ks)

November 12, 2019

Filing 397 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated November 12, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Stipulation and [Proposed] Order Governing Scheduling of Expert Discovery)(Beha, James)

November 1, 2019

Filing 396 RESPONSE re: #395 Letter . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

October 31, 2019

Filing 395 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 31, 2019 re: October 8, 2019 Order. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

October 18, 2019

Filing 394 MEMORANDUM DECISION AND ORDER APPROVING LEAD PLAINTIFFS' SELECTION OF BROWER PIVEN AS ADDITIONAL COUNSEL granting #380 Motion to Appoint Counsel Appointed David A.P. Brower for Todd Cox & Mary Dinzik; terminating #384 Letter Motion to Expedite. Accordingly, the Court approves of Lead Plaintiffs' choice of Mr. Brower and his firm as additional class counsel. This constitutes the written opinion and order of the court. The Clerk of Court should close the motions at Docket Number 380 and 384. (Signed by Judge Colleen McMahon on 10/18/2019) (mml) Modified on 10/21/2019 (mml).

October 18, 2019

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #392 Notice of Appeal. (tp)

October 18, 2019

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #392 Notice of Appeal, filed by Yong M. Cho, Batuhan Ulug were transmitted to the U.S. Court of Appeals. (tp)

October 17, 2019

Filing 393 REPLY MEMORANDUM OF LAW in Support re: #380 MOTION to Appoint Counsel . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

October 17, 2019

Filing 392 NOTICE OF APPEAL from #367 Order Adopting Report and Recommendations,,,, #338 Report and Recommendations,,,,,,. Document filed by Yong M. Cho, Batuhan Ulug. Filing fee $ 505.00, receipt number ANYSDC-17791405. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Brower, David)

October 16, 2019

Filing 391 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 16, 2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

October 15, 2019

Filing 390 MEMORANDUM OF LAW re: #380 MOTION to Appoint Counsel . Defendants' Memorandum Of Law In Response To Motion To Approve Lead Plaintiffs' Selection Of Brower Piven As Additional Non-Lead Counsel. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

October 15, 2019

Filing 389 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated October 15, 2019 re: Issue Concerning Document Processing Error. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

October 11, 2019

Filing 388 LETTER addressed to Judge Colleen McMahon from KIM E. MILLER dated 10/11/2019 re: Courtesy Copies. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

October 10, 2019

Filing 387 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/4/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

October 10, 2019

Filing 386 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/4/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2019. Redacted Transcript Deadline set for 11/12/2019. Release of Transcript Restriction set for 1/8/2020.(McGuirk, Kelly)

October 10, 2019

Filing 385 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from James J. Beha II dated October 10, 2019 re: #384 LETTER MOTION to Expedite Consideration of Motion to Approve Lead Plaintiffs' Selection of Brower Piven as Additional Non-Lead Counsel addressed to Judge Colleen McMahon from Kim E. Miller dated October 9, 2019. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

October 10, 2019

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #383 Proposed Order was reviewed and approved as to form. (km)

October 9, 2019

Filing 384 LETTER MOTION to Expedite Consideration of Motion to Approve Lead Plaintiffs' Selection of Brower Piven as Additional Non-Lead Counsel addressed to Judge Colleen McMahon from Kim E. Miller dated October 9, 2019. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

October 9, 2019

Filing 383 PROPOSED ORDER. Document filed by Todd Cox & Mary Dinzik. Related Document Number: #380 . (Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

October 9, 2019

Filing 382 DECLARATION of Kim E. Miller in Support re: #380 MOTION to Appoint Counsel .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Brower Piven Biography)(Miller, Kim)

October 9, 2019

Filing 381 MEMORANDUM OF LAW in Support re: #380 MOTION to Appoint Counsel . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

October 9, 2019

Filing 380 MOTION to Appoint Counsel . Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

October 8, 2019

Filing 379 MEMO ENDORSEMENT: on re: #377 Letter filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. ENDORSEMENT: This is a Motion make it as a Motion it is not appropriately made as a Letter Motion. (Signed by Judge Colleen McMahon on 10/08/2019) (ama)

October 8, 2019

Filing 378 ORDER granting #376 Letter Motion for Discovery. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 10/8/2019) (ks)

October 8, 2019

Filing 377 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated October 8, 2019 re: September 27, 2019 Notice of Appearance of David A.P. Brower. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

October 8, 2019

***DELETED DOCUMENT. Deleted document number 375 ORDER. The document was filed as a duplicate. (ks)

October 7, 2019

Set/Reset Deadlines: Expert Discovery due by 3/31/2020. (mro)

October 7, 2019

Filing 376 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Discovery ; Joint Request to Modify Language of Order addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated October 7, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James) Modified on 1/8/2020 (db).

October 7, 2019

Filing 374 ORDER: On October 4, 2019, the parties appeared for a status conference. The following order is entered: The deadline for fact discovery is extended through January 31, 2020. The deadline for expert discovery is extended through March 31, 2020. The parties are directed to meet and confer to set dates certain for the depositions of the Individual Defendants and, if applicable, for witness James Yersh. The Court expects that by October 31, 2019, the parties will have scheduled dates certain for all of the remaining 24 witnesses Plaintiffs wish to depose and that Plaintiffs will have identified the one additional person they may wish to depose. The status conference in this matter scheduled for October 30, 2019 is hereby adjourned. In lieu of the conference, the parties are directed to submit a joint letter by October 31, 2019 to update the Court as to the status of discovery and the agreed upon deposition schedule. ( Fact Discovery due by 1/31/2020.) (Signed by Magistrate Judge Katharine H. Parker on 10/7/2019) (mro) (Main Document 374 replaced on 10/8/2019) (ks).

October 4, 2019

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 10/4/2019. (Court Reporter Vincent Bolgna) (ca)

October 3, 2019

Filing 373 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 3, 2019 re: October 4, 2019 Discovery Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

October 3, 2019

Filing 372 DECISION AND ORDER ACCEPTING JUDGE PARKER'S ORDER REGARDING ADDITIONAL OBJECTIONS TO BLACKBERRY'S CLAWBACK DOCUMENTS: Accordingly, the above listed email chains are properly redacted. 1. Email chain labeled BBPearlstein 00763769: This email chain is properly withheld. The chain concerns another upcoming announcement and the contents thereof. Two in-house counsel are involved in the exchange. This Court agrees that the primary purpose of the communication is the request for and receipt of legal advice; any additional context or non-legal communication cannot be distinguished from the legal. See Pearlstein, 2019 WL 1259382, at *12. 11. Email chain labeled BBPearlstein 01789474: This email chain is properly redacted. The un-redacted email is a possible news release sent from in-house counsel. The redacted email is also sent from in-house counsel to three additional attorneys - in-house counsel and two outside counsel. Any "context" within the request for advice cannot be severed as the predominant purpose is to seek legal advice regarding the press release. Additionally, as Judge Parker has reserved her ruling on whether or not Defendants should be required to log communications with outside counsel going forward, this Court need not address this request. For the reasons outlined above, this Court finds no reason to depart from Judge Parker's Order. This constitutes the written opinion and order of the court. (Signed by Judge Colleen McMahon on 10/3/2019) (mml)

October 3, 2019

Filing 371 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated 10/03/2019 re: October 4 Discovery Conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

September 27, 2019

Filing 370 MEMORANDUM & ORDER: For the reasons discussed above, Defendants' motion for reconsideration is denied. Plaintiffs' request to strike the Zipperstein Declaration is granted. The parties are directed to submit ex parte or in camera submissions only with the Court's permission. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/27/2019) (ks)

September 27, 2019

Filing 369 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated September 27, 2019 re: Letter of Request. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

September 27, 2019

Filing 368 NOTICE OF APPEARANCE by David A.P. Brower on behalf of Todd Cox & Mary Dinzik. (Brower, David)

September 24, 2019

Filing 367 MEMORANDUM DECISION AND ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING THE CLAIMS OF "ADDITIONAL PLAINTIFFS" CHO AND ULUG AS AGAINST ALL DEFENDANTS for #245 Motion for Judgment on the Pleadings filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins, #338 Report and Recommendation. The objections of Cho and Ulug are, therefore, overruled. The recommendation in the Report is accepted and Defendants' motion to dismiss the claims of Ulug and Cho on the ground that Judge Griesa's order was final as to them, notwithstanding the fact that all other putative class members were given permission to file an amended complaint, is GRANTED. So, for the reasons stated in the Report, is the motion seeking a declaration that Cho and Ulug cannot assert claims against Defendant Zipperstein in the Second Amended Complaint. This constitutes the written opinion and order of the court. The Clerk of Court should close the motion at Docket Number 245. (Signed by Judge Colleen McMahon on 9/20/2019) (mml)

September 24, 2019

Filing 366 ORDER RESCHEDULING STATUS CONFERENCE: The Status Conference in this matter that is scheduled for Friday, September 27, 2019 at 10:30 a.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby rescheduled to Friday, October 4, 2019 at 2:00 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/24/2019) Status Conference set for 10/4/2019 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (ks)

September 20, 2019

Filing 365 MEMORANDUM & ORDER: For the reasons discussed above, Plaintiffs' motion for reconsideration is granted in part and denied in part. By September 27, 2019, Plaintiffs will file a clean version with the Court's previous changes to the letter rogatory as well as the change noted above. Plaintiffs will also email a.docx version of letter rogatory with track changes enabled to Chambers. (Signed by Magistrate Judge Katharine H. Parker on 9/20/2019) (mro)

September 20, 2019

Filing 364 RESPONSE re: #357 Objection (non-motion) Blackberry Limited's Memorandum of Law in Response to Plaintiff's Objection to the Magistrate Judge's August 27, 2019 Memorandum and Order. Document filed by Blackberry Limited. (Beha, James)

September 16, 2019

Filing 363 ORDER granting #361 Letter Motion for Leave to File Document. OK. (Signed by Judge Colleen McMahon on 9/16/2019) (mml)

September 13, 2019

Filing 362 LETTER addressed to Judge Colleen McMahon from James J. Beha II dated September 13, 2019 re: Courtesy Copies of In Camera Submission. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

September 13, 2019

Filing 361 LETTER MOTION for Leave to File Response to Plaintiffs' Objection to Magistrate Judge Parker's 8/27/19 Memorandum and Order addressed to Judge Colleen McMahon from James J. Beha II dated September 13, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

September 13, 2019

Filing 360 ORDER granting #358 Motion to Seal Document. You may file the original under seal but you must file a redacted version publicly, redacting only information about the documents that are subject to the order. So Ordered. (Signed by Judge Colleen McMahon on 9/12/2019) (js) Transmission to Sealed Records Clerk for processing.

September 12, 2019

Filing 359 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated September 12, 2019 re: Courtesy Copies. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

September 11, 2019

Filing 358 LETTER MOTION to Seal Document #357 Objection (non-motion) addressed to Judge Colleen McMahon from Kim E. Miller dated September 11, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

September 11, 2019

Filing 357 Objection re: #350 Order,, . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

September 10, 2019

Filing 356 RESPONSE re: #355 Letter, . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

September 6, 2019

Filing 355 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated September 6, 2019 re: Opinion and Order Regarding Issuance of a Letter of Request to the United Kingdom [Dkt. 352]. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

August 30, 2019

Filing 354 MEMORANDUM OF LAW in Opposition re: #341 Objection to Report and Recommendations . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

August 30, 2019

Filing 353 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated August 30, 2019 re: Defendants' August 29, 2019 Letter. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

August 29, 2019

Filing 352 OPINION AND ORDER REGARDING ISSUANCE OF A LETTER OF REQUEST TO THE UNITED KINGDOM re: #321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. For the reasons above, Plaintiffs' request for the issuance of a letter of request is granted in part. By September 6, 2019, Plaintiffs will file a clean version of the appended revised letter of request and email a.docx version of the letter of request to Chambers. Plaintiffs' request to de-designate and unseal for the purposes of the letter of request is granted. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 321. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/29/2019) (mml)

August 28, 2019

Filing 351 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated August 28, 2019 re: Court's August 28, 2019 Order. Document filed by Blackberry Limited.(Beha, James)

August 27, 2019

Filing 350 ORDER: The Court set forth the legal standards for determining whether a document is protected by the attorneyclient privilege and/or work product doctrine in its prior decision and does not repeat them here. (ECF No. 282.) Having carefully reviewed the documents and the parties' submissions (ECF Nos. 340, 342, 345), the Court finds that some of the documents are privileged and some are not. The Court's rulings as to each of the documents is appended to this Order. Accordingly, Plaintiffs motion to compel is granted in part and denied in part. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/27/2019) (ks)

August 22, 2019

Filing 349 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/1/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

August 22, 2019

Filing 348 TRANSCRIPT of Proceedings re: conference held on 8/1/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/20/2019.(McGuirk, Kelly)

August 20, 2019

Filing 347 ORDER granting #337 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 8/20/2019) (ks) Transmission to Sealed Records Clerk for processing.

August 20, 2019

Filing 346 ORDER granting #343 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 8/20/2019) (ks) Transmission to Sealed Records Clerk for processing.

August 19, 2019

Filing 345 RESPONSE re: #342 Letter, . Document filed by Blackberry Limited. (Beha, James)

August 19, 2019

Filing 344 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated August 19, 2019 re: Courtesy Copies for Plaintiffs' Objections to Report and Recommendation. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Appendix)(Miller, Kim)

August 16, 2019

Filing 343 LETTER MOTION to Seal Document #342 Letter, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated August 16, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

August 16, 2019

Filing 342 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated August 16, 2019 re: Defendants' August 9, 2019 Letter. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Kim)

August 16, 2019

Filing 341 OBJECTION to #338 Report and Recommendations Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

August 9, 2019

Filing 340 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated August 9, 2019 re: Clawed Back Documents. Document filed by Blackberry Limited.(Beha, James)

August 5, 2019

Filing 339 ORDER: On August 1, 2019, the parties appeared for a Status Conference. The following Order is entered: Discovery. The deadline for fact discovery is extended through September 27, 2019. Privilege Challenges. By August 9, 2019, Defendants will provide to the Court, ex parte and via email to Parker_NYSDChambers@nysd.uscourts.gov, a privilege log of the documents from Defendants' July 22, 2019 clawback that lists only the challenged documents identified by Plaintiffs but maintains the document numbering from BlackBerry's privilege log. By August 16, 2019, Plaintiffs may file a letter in response to Defendants' letter in support of their motion to compel. Status Conferences. Status conferences in this matter will be held on September 27, 2019 at 10:30 a.m., on October 30, 2019 at 10:30 a.m., and on November 25, 2019 at 10:30 a.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. Theparties are directed to file a joint letter at least two days before each conference outlining agenda items to be discussed during the conference. (As further set forth in this order). SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/5/2019) ( Discovery due by 9/27/2019., Status Conference set for 9/27/2019 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Status Conference set for 10/30/2019 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Status Conference set for 11/25/2019 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)

August 2, 2019

Filing 338 REPORT & RECOMMENDATION REGARDING BLACKBERRYS MOTION FOR PARTIAL JUDGEMENT ON THE PLEADINGS re: #245 MOTION for Judgment on the Pleadings . filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. For the foregoing reasons, this Court respectfully recommends that Defendants' motion for judgment on the pleadings against Cho and Ulug be granted. A party is entitled to judgment on the pleadings when they establish that no material issue of fact remains to be resolved and that they are entitled to judgment as a matter of law. Verragio, 2017 WL 4125368, at *4. The Second Circuit has stated that named plaintiffs in putative class actions are treated differently than unnamed class members for the purposes of notices of appeal. As Cho and Ulug do not appear on Lead Plaintiffs' notice of appeal, they did not appeal the previous judgement. Cho and Ulug are also not beneficiaries of Lead Plaintiffs' successful appeal. As such, the earlier dismissal on the merits, principles of res judicata and the law of the case doctrine forecloses their continued pursuit of their claims against Original Defendants. Cho and Ulug's claims against Zipperstein similarly are barred under the principles of res judicata and law of the case because the non-appealed dismissal was a judgment on the merits, Zipperstein was in privity with Original Defendants, and Cho and Ulugs claims against Zipperstein arise from the same nucleus of facts. Objections to R&R due by 8/16/2019 (Signed by Magistrate Judge Katharine H. Parker on 8/2/2019) (ks)

August 1, 2019

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 8/1/2019. (Court Reporter Martha Martin) (ca)

July 30, 2019

Filing 337 LETTER MOTION to Seal Document #335 Reply Memorandum of Law in Support of Motion, #336 Declaration in Support of Motion, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated July 30, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

July 30, 2019

Filing 336 DECLARATION of Kim E. Miller in Support re: #321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Miller, Kim)

July 30, 2019

Filing 335 REPLY MEMORANDUM OF LAW in Support re: #321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

July 30, 2019

Filing 334 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated July 30, 2019 re: August 1, 2019 Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

July 24, 2019

Filing 333 DECLARATION of Steven T. Rappoport in Opposition re: #321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain .. Document filed by Blackberry Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marmalefsky, Dan)

July 24, 2019

Filing 332 MEMORANDUM OF LAW in Opposition re: #321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain . . Document filed by Blackberry Limited. (Marmalefsky, Dan)

July 24, 2019

Filing 331 MEMO ENDORSEMENT on re: #328 Letter filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/24/2019) (ks)

July 23, 2019

Filing 330 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated July 23, 2019 re: Document Processing Issues. Document filed by Blackberry Limited.(Beha, James)

July 23, 2019

Filing 329 ORDER granting #325 Motion to Seal Document. Plaintiffs' motion to seal is granted. Discussion of the letters rogatory and confidentiality designations thereof will take place the August 1, 2019 Conference. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/23/2019) (ks)

July 22, 2019

Filing 328 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated July 22, 2019 re: Deposition of James Yersh. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A)(Miller, Kim)

July 17, 2019

Filing 327 MEMO ENDORSEMENT on re: #326 Letter filed by Blackberry Limited, ENDORSEMENT: BlackBerry's request for briefing is granted in part and denied in part. BlackBerry's opposition brief to Plaintiff's motion for issuance of letters rogatory is due no later than July 24, 2019 (no more than 5 pages). Plaintiffs' reply, if any, is due no later than July 30, 2019 (no more than 5 pages). (Signed by Magistrate Judge Katharine H. Parker on 7/17/2019) ( Responses due by 7/24/2019, Replies due by 7/30/2019.) (ks)

July 17, 2019

Filing 326 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated July 17, 2019 re: Briefing on Letters Rogatory. Document filed by Blackberry Limited.(Beha, James)

July 17, 2019

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #324 Proposed Order was reviewed and approved as to form. (km)

July 16, 2019

Filing 325 LETTER MOTION to Seal Document #323 Declaration in Support of Motion, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated July 16, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit Allergan)(Miller, Kim)

July 16, 2019

Filing 324 PROPOSED ORDER. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. Related Document Number: #321 . (Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

July 16, 2019

Filing 323 DECLARATION of Kim E. Miller in Support re: #321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit Letter of Request, #2 Exhibit Boulben Transcript Excerpts, #3 Exhibit Defendants' Redline)(Miller, Kim)

July 16, 2019

Filing 322 MEMORANDUM OF LAW in Support re: #321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

July 16, 2019

Filing 321 MOTION for Issuance of Letters Rogatory as to William Douglas in Great Britain . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

July 15, 2019

Filing 320 ORDER denying #318 Letter Motion for Conference. DENIED: Plaintiffs' request for a conference is denied. The deposition of Mr. James Yersh, both in his individual capacity as a percipient witness and as a BlackBerry 30(b)(6) representative, will go forward on July 24, 2019. BlackBerry will make Mr. Yersh available for at least 8.5 hours of testimony so that Plaintiffs may complete their questioning of the witness in both capacities. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/15/2019) (ks)

July 13, 2019

Filing 319 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated July 13, 2019 re: #318 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated July 12, 2019. . Document filed by Blackberry Limited. (Beha, James)

July 12, 2019

Filing 318 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated July 12, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A)(Miller, Kim)

July 1, 2019

Filing 317 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 6/27/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea)

July 1, 2019

Filing 316 TRANSCRIPT of Proceedings re: Status Conference held on 6/27/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2019. Redacted Transcript Deadline set for 8/1/2019. Release of Transcript Restriction set for 9/30/2019.(aea)

June 28, 2019

Filing 315 ORDER denying #303 Motion for Discovery; denying #307 Motion for Discovery. The following Order is entered: Defendants' Motion at ECF #303: As discussed during the conference, and for the reasons set forth on the record, Defendant's letter motion at ECF #303 is DENIED. Plaintiffs' Motion at ECF #307: As discussed during the conference, and for the reasons set forth on the record, Plaintiff's letter motion at ECF #307 is DENIED. Defendants have represented that there are unlikely to be any additional large clawbacks. Defendants are directed to make best efforts to identify any potentially inadvertently produced documents relevant to the three Individual Defendants by July 22, 2019. Letter Replies. The parties are reminded, as per this Court's individual rules, replies to letters to pre-motion letters and discovery dispute letters are not permitted. Privilege Challenges. By July 3, 2019, Plaintiffs shall communicate to Defendants which documents they intend to challenge on Defendants' privilege log pertaining to the recently clawed-back documents. By July 9, 2019, Defendants shall inform Plaintiffs which documents, if any, are duplicates or near duplicates. Plaintiffs will submit their moving brief challenging Defendants' privilege designations by July 12, 2019. Plaintiff will submit their opposition by July 19, 2019. Along with their opposition, Defendants will provide to the Court, ex parte and via email to Parker_NYSDChambers@nysd.uscourts.gov, a privilege log that lists only the challenged documents identified in Plaintiffs' moving brief but maintains the document numbering from Blackberry's privilege log so that the Court can cross-reference the documents identified in Plaintiffs' brief with those on the submitted log. This abridged privilege log shall contain links to copies of the listed documents for the Court's in camera review. Defendants are directed to group duplicates and near-duplicates in the log and indicate which documents are duplicates or near-duplicates. Defendants are directed to include attachments to the documents and to indicate which documents are attachments. Status Conference. A status conference in this matter will be held on August 1, 2019 at 3:30 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. The parties are directed to file a joint letter by July 30, 2019 outlining agenda items to be discussed during the conference. No briefing will be accepted prior to discussion at the conference. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/28/2019) (ks)

June 28, 2019

Set/Reset Deadlines: ( Motions due by 7/12/2019., Responses due by 7/19/2019), Set/Reset Hearings:( Status Conference set for 8/1/2019 at 03:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)

June 27, 2019

Filing 314 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 6/27/2019: : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (Attachments: #1 Seating Chart) (ca)

June 21, 2019

Filing 313 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 21, 2019 re: #307 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

June 19, 2019

Filing 312 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated June 19, 2019 re: #307 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

June 17, 2019

Filing 311 ORDER granting #308 LETTER MOTION to Seal Document #307 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. Application granted. (Signed by Magistrate Judge Katharine H. Parker on 6/17/2019) (rjm)

June 17, 2019

Filing 310 ORDER granting #306 LETTER MOTION to Seal Document #305 Response in Opposition to Motion, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. Application granted. (Signed by Magistrate Judge Katharine H. Parker on 6/17/2019) (rjm). Modified on 6/18/2019 (rjm).

June 17, 2019

Filing 309 ORDER SCHEDULING STATUS CONFERENCE: A status conference in this matter will be held on Thursday, June 27, 2019 at 12:15 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/17/2019) Status Conference set for 6/27/2019 at 12:15 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (ks)

June 14, 2019

Filing 308 LETTER MOTION to Seal Document #307 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A)(Miller, Kim)

June 14, 2019

Filing 307 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Miller, Kim) Modified on 8/20/2019 (db).

June 14, 2019

Filing 306 LETTER MOTION to Seal Document #305 Response in Opposition to Motion, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A)(Miller, Kim)

June 14, 2019

Filing 305 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 14, 2019 re: #303 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated June 12, 2019. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Miller, Kim)

June 13, 2019

Filing 304 ENDORSED LETTER addressed to To all parties in the above-captioned matter from Chief Judge Colleen McMahon dated 6/12/2019 re: As you well know, this case was placed on the Court's suspense calendar pending resolution of In Re Goldman Sachs Group Inc. Sec. Litig., No. 18-2557 (2d Cir.). (See Dkt. No. 247.) As we await a decision in that case, the Court will administratively close Plaintiff's motion for class certification. (See Dkt. No. 129.) The parties should re-file their moving papers after the Second Circuit issues its decision. (Signed by Judge Colleen McMahon on 6/12/2019) Copies Mailed By Chambers. (mml)

June 12, 2019

Filing 303 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated June 12, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James) Modified on 8/20/2019 (db).

June 12, 2019

Filing 302 ORDER. By August 15, 2019, the parties shall file a joint status letter with the Court on progress of discovery and whether they have sufficient information to participate meaningfully in a settlement conference with this Court. (Parker, Katharine)

June 12, 2019

Filing 301 ORDER withdrawing #290 Motion for Issuance of Letters Rogatory (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

June 11, 2019

Filing 300 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated June 11, 2019 re: Courtesy Copies. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

June 11, 2019

Filing 299 NOTICE of Withdrawal re: #290 MOTION for Issuance of Letters Rogatory as to William Douglas and Rory O'Neill in Great Britain .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

June 4, 2019

Filing 298 ORDER granting #297 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/4/2019) (ks)

June 3, 2019

Filing 297 JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller and James J. Beha II dated June 3, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

May 29, 2019

Filing 296 OPINION AND ORDER REGARDING BLACKBERRY'S CLAWBACK DOCUMENTS re: #245 MOTION for Judgment on the Pleadings . filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. For the reasons set forth above, Plaintiffs' motion to compel production of these 27 clawed back documents is DENIED.SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/29/2019) (ks)

May 28, 2019

Filing 295 ORDER. The Court is in receipt of the Plaintiffs' request for issuance of Letters Rogatory and Defendants' objection to the form of the proposed Letters Rogatory. The parties are directed to meet and confer regarding the format of the request and to submit a letter to this Court, together with any revised submission, by June 4, 2019. (Parker, Katharine)

May 28, 2019

Filing 294 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated May 28, 2019 re: #290 MOTION for Issuance of Letters Rogatory as to William Douglas and Rory O'Neill in Great Britain . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

May 24, 2019

Filing 293 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated May 24, 2019 re: Courtesy Copies. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

May 24, 2019

Filing 292 DECLARATION of Kim E. Miller in Support re: #290 MOTION for Issuance of Letters Rogatory as to William Douglas and Rory O'Neill in Great Britain .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit Letter Rogatory, #2 Exhibit Deposition Excerpt of Frank Boulben)(Miller, Kim)

May 24, 2019

Filing 291 MEMORANDUM OF LAW in Support re: #290 MOTION for Issuance of Letters Rogatory as to William Douglas and Rory O'Neill in Great Britain . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

May 24, 2019

Filing 290 MOTION for Issuance of Letters Rogatory as to William Douglas and Rory O'Neill in Great Britain . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

May 20, 2019

Filing 289 STIPULATION AND ORDER GOVERNING SCHEDULING OF EXPERT DISCOVERY AND MODIFICATION OF DEADLINE FOR COMPLETION OF DISCOVERY, Lead plaintiffs Todd Cox and Mary Dinzik and additional plaintiffs Yong M. Cho and Batuhan Ulug ("Plaintiffs") and defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein ("Defendants"), by and through their undersigned counsel, hereby jointly stipulate to the following schedule to govern expert discovery in this action, including extension by up to 15 days of the current deadline for completion of all discovery, subject to the Court's approval: Deadline for completion of fact discovery September 17, 2019. Expert depositions November 4-15, 2019. Deadline for completion of expert discovery November 15, 2019. So Ordered. (Deposition due by 11/15/2019., Expert Discovery due by 11/15/2019., Fact Discovery due by 9/17/2019.) (Signed by Magistrate Judge Katharine H. Parker on 5/20/19) (yv)

May 20, 2019

Filing 288 PROPOSED STIPULATION AND ORDER. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

April 25, 2019

Filing 287 STIPULATION AND ORDER REGARDING AUTHENTICITY OF CERTAIN DOCUMENTS PRODUCED BY BLACKBERRY AND RELATED MATTERS. Absent affirmative evidence to the contrary, the parties agree that all documents ("document(s)") having the same meaning in this Stipulation as defined in Rule 26.3(c)(2)of the Local Civil Rules of the United States District Court for the Southern District of New York), (1) created by BlackBerry Limited, its predecessor, Research in Motion Limited, or any of its current or former officers, directors or employees (collectively,"BlackBerry"), and (2) produced by BlackBerry in discovery in this action are authentic within the meaning of Federal Rules of Evidence 901 and 902. For the avoidance of doubt, the parties are not agreeing to the authenticity of any documents created by third-parties, including attachments to emails, although nothing herein shall prevent the parties from making a future agreement on the authenticity of such documents at the appropriate time. Absent affirmative evidence to the contrary, the parties agree that all documents filed by BlackBerry with the U.S. Securities and Exchange Commission or with the Ontario Securities Commission are authentic within the meaning of Federal Rules of Evidence 901and 902. The parties further agree that, absent affirmative evidence to the contrary, any documents deemed authentic pursuant to this Stipulation were (1) made at or near the time of the act, event, condition, opinion or diagnosis described therein by, or from information transmitted by, someone with knowledge, (2) kept in the ordinary course of a regularly conducted activity of a business, and (3) made as a regular practice of that activity. Other than as set forth above, nothing in this stipulation shall be construed as an agreement that any documents are admissible in evidence for any purpose. Subject to the exceptions set forth in paragraphs 1-3 above, the parties further expressly reserve the right to object to the admissibility of any document on any ground permitted by law. Nothing in this stipulation shall be construed as establishing the truth or accuracy of the contents of any documents, or as an admission or representation by any party that any document or group of related documents is or is not in its complete or final form. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/25/19) (yv)

April 25, 2019

Filing 286 PROPOSED STIPULATION AND ORDER. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

April 8, 2019

Filing 285 ORDER. The Court has conducted a preliminary review of the in camera documents submitted by BlackBerry. Based on this review, there is nothing in the documents that would require depositions to be delayed prior to a ruling. Therefore, the depositions should proceed as scheduled. The Court requests that by April 10, 2019 BlackBerry email to this Court's Chambers email a revised privileged log containing only the 27 documents at issue. (Parker, Katharine)

April 5, 2019

Filing 284 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated April 5, 2019 Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Redacted Attachment)(Beha, James)

March 19, 2019

Filing 283 ORDER. BlackBerry is directed to review this Court's decision and inform Plaintiffs by no later than March 22, 2019 which of the 288 documents it believes are still appropriately designated as privileged or protected. Plaintiffs shall return or destroy those documents in accordance with Paragraph 20 of the Protective Order. The depositions of the six witnesses should move forward as scheduled. By March 22, 2019 BlackBerry shall submit to this Court for in camera review the 93 emails pertaining to the six witnesses (as identified in its letter (Doc. No. 280, p. 6)) on a privilege log, except that it may omit those emails that it has elected to produce based on this Court's recent decision concerning privilege designations. BlackBerry shall provide a copy of the privilege log to Plaintiffs. To the extent Plaintiffs challenge any of the privilege designations, they shall file a 5-page letter setting forth their arguments by March 28, 2019. BlackBerry shall submit a letter supporting its privilege designations and providing any additional support (in camera to the extent needed to maintain privilege) by April 6, 2019. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/19/19) (yv)

March 19, 2019

Filing 282 OPINION AND ORDER REGARDING BLACKBERRY'S PRIVILEGE DESIGNATIONS re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log. filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug, #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein. filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. Plaintiffs' motions are GRANTED in part and DENIED in part. The parties are directed to the Addendum for a summary of the Court's ruling as to each of the documents submitted for in camera review. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/19/19) (yv)

March 18, 2019

Filing 281 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated March 18, 2019 re: #279 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated March 14, 2019. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

March 15, 2019

Filing 280 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated March 15, 2019 re: #279 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated March 14, 2019. . Document filed by Blackberry Limited. (Attachments: #1 Declaration of James J. Beha II)(Beha, James)

March 14, 2019

Filing 279 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated March 14, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit, #2 Exhibit)(Miller, Kim) Modified on 4/22/2019 (db).

February 25, 2019

Filing 278 LETTER addressed to Magistrate Judge Katharine H. Parker from David A.P. Brower dated 2/25/19 re: Reply Letter. Document filed by Yong M. Cho, Batuhan Ulug. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brower, David)

February 20, 2019

Filing 277 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated February 20, 2019 re: Response to Plaintiffs' February 19, 2019 Letter (ECF No. 276). Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Beha, James)

February 19, 2019

Filing 276 LETTER addressed to Magistrate Judge Katharine H. Parker from David A.P. Brower dated 2/19/2019 re: Supplemental Authority. Document filed by Yong M. Cho, Batuhan Ulug. (Attachments: #1 Exhibit 1)(Brower, David)

February 15, 2019

Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/15/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

February 15, 2019

Filing 274 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/15/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/16/2019.(McGuirk, Kelly)

February 15, 2019

Filing 273 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/29/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

February 15, 2019

Filing 272 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/29/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/16/2019.(McGuirk, Kelly)

February 11, 2019

LETTERS ROGATORY ISSUED on February 11, 2019, and picked up by Brower Piven, for Oral Examinations (Depositions)of James Yersh, Charles Kearns, Carlo Chiarello, Rick Costanzo, Edel Ebbs, and Tory Luelo. (dt)

February 8, 2019

Filing 271 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) FROM THE ONTARIO SUPERIOR COURT OF JUSTICE FOR ORAL EXAMINATIONS (DEPOSITIONS) OF JAMES YERSH, CHARLES KEARNS, CARLO CHIARELLO, RICK COSTANZO, EDEL EBBS, AND TORY LUELO. This Court, in the spirit of comity and reciprocity, hereby requests international judicial assistance from the Ontario Superior Court of Justice in the form of this Letter Rogatory seeking oral examination (deposition), as described herein. Please accept the assurance of our highest esteem. (Signed by Magistrate Judge Katharine H. Parker on 2/8/19) (yv) Transmission to Orders and Judgments Clerk for processing.

February 8, 2019

Filing 270 MEMO ENDORSEMENT on re: #269 Letter Proposing Revised Letter of Request, filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 2/8/19) (yv)

February 8, 2019

Filing 269 CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated February 7, 2019 re: Proposed Revised Letter of Request. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beha, James)

February 8, 2019

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James Joseph Beha to RE-FILE Document #268 CONSENT LETTER MOTION for Discovery Regarding Proposed Revised Letter of Request addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated February 7, 2019. Use the event type Letter found under the event list Other Documents. (db)

February 7, 2019

Filing 268 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT LETTER MOTION for Discovery Regarding Proposed Revised Letter of Request addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated February 7, 2019. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beha, James) Modified on 2/8/2019 (db).

February 4, 2019

LETTERS ROGATORY ISSUED on February 4, 2019, and picked up by Kahn, Swick & Foti, LLC, and to take depositions upon oral examination of Ontario,Canada residents James Yersh, Charles Kearns, Rick Costanzo, Carlo Chiarello, Edel Ebbs, and Tory Luelo. (km)

February 1, 2019

Filing 267 ORDER GRANTING PLAINTIFFS' MOTION FOR THE ISSUANCE OF A REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) WITH ONTARIO WITNESSES granting #263 Motion for Issuance of Letters Rogatory. It is hereby ORDERED that: 1. Plaintiffs' motion is GRANTED. 2. The Clerk of this Court shall issue the Letter Rogatory for the taking of oral testimony under oath from the Ontario Witnesses by counsel for Plaintiffs as set forth therein. 3. Counsel for Plaintiffs is hereby authorized to take and report the oral testimony under oath of the Ontario Witnesses and shall have the power by virtue of the Letter Rogatory to take and report such testimony. 4. The appropriate judicial authorities in Canada are authorized to resolve any controversy regarding the testimony and shall have the power by virtue of the Letter Rogatory to administer any necessary oath and to resolve any controversy regarding such testimony. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/1/19) (yv) Transmission to Orders and Judgments Clerk for processing.

January 31, 2019

Filing 266 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 31, 2019 re: Courtesy Copies. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

January 31, 2019

Filing 265 DECLARATION of Kim E. Miller in Support re: #263 MOTION for Issuance of Letters Rogatory as to James Yersh, Charles Kearns, Carlo Chiarello, Rick Costanzo, Edel Ebbs, and Tory Luelo in Canada .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit Letter Rogatory)(Miller, Kim)

January 31, 2019

Filing 264 MEMORANDUM OF LAW in Support re: #263 MOTION for Issuance of Letters Rogatory as to James Yersh, Charles Kearns, Carlo Chiarello, Rick Costanzo, Edel Ebbs, and Tory Luelo in Canada . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

January 31, 2019

Filing 263 MOTION for Issuance of Letters Rogatory as to James Yersh, Charles Kearns, Carlo Chiarello, Rick Costanzo, Edel Ebbs, and Tory Luelo in Canada . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Text of Proposed Order)(Miller, Kim)

January 29, 2019

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Oral Argument held on 1/29/2019 re: #245 MOTION for Judgment on the Pleadings . filed by Blackberry Limited, Steve Zipperstein, Brian Bidulka, Thorsten Heins. (Court Reporter Kelly Surina) (ca)

January 28, 2019

Filing 262 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 28, 2019 re: 1/29/2019 Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit Email String)(Miller, Kim)

January 28, 2019

Filing 261 LETTER addressed to Magistrate Judge Katharine H. Parker from Dan Marmalefsky dated January 28, 2019 re: 1/29/2019 Conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Marmalefsky, Dan)

January 24, 2019

Filing 260 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 12/6/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

January 24, 2019

Filing 259 TRANSCRIPT of Proceedings re: ARGUMENT held on 12/6/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2019. Redacted Transcript Deadline set for 2/25/2019. Release of Transcript Restriction set for 4/24/2019.(McGuirk, Kelly)

January 22, 2019

Filing 258 LETTER addressed to Magistrate Judge Katharine H. Parker from David A.P. Brower dated January 22, 2019 re: Courtesy Copy. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Sur-Reply)(Brower, David)

January 18, 2019

Filing 257 REPLY MEMORANDUM OF LAW in Opposition re: #245 MOTION for Judgment on the Pleadings . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Brower, David)

January 16, 2019

Filing 256 ORDER granting #255 Letter Motion for Leave to File Document. APPLICATION GRANTED: As discussed during the January 15, 2019 conference in this matter, Plaintiffs shall file by January 18, 2019 a sur-reply limited to addressing new authority cited in Defendants' reply brief and a factual contention raised in Defendants' reply brief. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 1/16/19) (yv)

January 16, 2019

Set/Reset Deadlines: Surreplies due by 1/18/2019. (yv)

January 15, 2019

Filing 255 LETTER MOTION for Leave to File Sur-Reply addressed to Magistrate Judge Katharine H. Parker from David A.P. Brower dated January 15, 2019. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Brower, David)

January 15, 2019

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 1/15/2019. (Court Reporter Lisa Smith) (ca)

January 14, 2019

Filing 254 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated January 14, 2019 re: Issues to be Discussed at the January 15, 2019 Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit, #2 Exhibit)(Miller, Kim)

January 11, 2019

Filing 253 LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated January 11, 2019 re: Issues to be Discussed at the January 15, 2019 Conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

January 11, 2019

Filing 252 ORDER: This case has been placed on the court's suspense calendar pending the resolution of issues relating to class certification, which are presently being decided in another case by the United States Court of Appeals for the Second Circuit. However, it seems that there is a pending motion for partial judgment on the pleadings, which was filed before the court placed the case on suspense, and of which I was unaware. Having reviewed that motion, I am sending it to Magistrate Judge Parker for a Report and Reference. If Judge Parker believes that the interests of justice would be served by deciding this motion now, rather than waiting for the class certification motion to be ready for decision, then I will order that the case be placed back on the Ready Docket for the limited purpose of allowing her to address the motion. (Signed by Judge Colleen McMahon on 1/11/2019) Copies Sent By Chambers. (mml)

January 9, 2019

Filing 251 REPLY MEMORANDUM OF LAW in Support re: #245 MOTION for Judgment on the Pleadings . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

January 9, 2019

Filing 250 LETTER addressed to Judge Colleen McMahon from David A.P. Brower dated January 9, 2019 re: Courtesy Copy. Document filed by Yong M. Cho, Batuhan Ulug.(Brower, David)

January 4, 2019

Filing 249 DECLARATION of Kim E. Miller in Opposition re: #245 MOTION for Judgment on the Pleadings .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Kim)

January 4, 2019

Filing 248 MEMORANDUM OF LAW in Opposition re: #245 MOTION for Judgment on the Pleadings . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

January 4, 2019

Filing 247 ORDER PLACING CASE ON SUSPENSE CALENDAR: It is hereby ordered that the above entitled action is placed on the suspense calendar. (Signed by Judge Colleen McMahon on 1/4/2019) (mml)

December 21, 2018

Filing 246 MEMORANDUM OF LAW in Support re: #245 MOTION for Judgment on the Pleadings . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

December 21, 2018

Filing 245 MOTION for Judgment on the Pleadings . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. Responses due by 1/4/2019(Beha, James)

December 13, 2018

Filing 244 NOTICE of Withdrawal of Attorney. Document filed by Yong M. Cho, Batuhan Ulug. (Kuznicki, Daniel)

December 6, 2018

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 12/6/2018. (Court Reporter Khris Sellin) (ca)

December 4, 2018

Filing 243 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from James J. Beha II and Kim E. Miller dated December 4, 2018 re: Issues to be Addressed at the December 6 Conference. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

November 28, 2018

Filing 242 ORDER SCHEDULING EVIDENTIARY HEARING AND ORAL ARGUMENT with respect to #129 Motion to Appoint Counsel ; with respect to #129 Motion to Certify Class. An evidentiary hearing and oral argument in connection with Plaintiffs' Motion for Class Certification and to Appoint Counsel (Doc. No. 129) are hereby scheduled for January 29, 2019 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The parties' experts shall attend the evidentiary hearing and shall be prepared to testify concerning the matters discussed in their respective reports. The oral argument in this matter previously scheduled for November 29, 2018 is hereby adjourned. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/28/18) (yv)

November 28, 2018

Set/Reset Hearings: Evidentiary Hearing set for 1/29/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. Oral Argument set for 1/29/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (yv)

November 26, 2018

Filing 241 LETTER addressed to Magistrate Judge Katharine H. Parker from David A.P. Brower dated November 26, 2018 re: Courtesy Copies. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

November 21, 2018

Filing 240 DECLARATION of David A.P. Brower in Support re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives.. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3, #6 Exhibit B-4 Part 1, #7 Exhibit B-4 Part 2, #8 Exhibit B-5, #9 Exhibit B-6, #10 Exhibit B-7 Part 1, #11 Exhibit B-7 Part 2, #12 Exhibit B-7 Part 3, #13 Exhibit B-8, #14 Exhibit B-9, #15 Exhibit B-10, #16 Exhibit B-11, #17 Exhibit B-12, #18 Exhibit B-13, #19 Exhibit B-14, #20 Exhibit B-15, #21 Exhibit B-16, #22 Exhibit B-17, #23 Exhibit B-18 Part 1, #24 Exhibit B-18 Part 2, #25 Exhibit B-19, #26 Exhibit C, #27 Exhibit C-1, #28 Exhibit C-2, #29 Exhibit C-3, #30 Exhibit C-4, #31 Exhibit C-5, #32 Exhibit C-6, #33 Exhibit C-7, #34 Exhibit C-8, #35 Exhibit C-9, #36 Exhibit C-10, #37 Exhibit C-11, #38 Exhibit C-12, #39 Exhibit C-13, #40 Exhibit C-14, #41 Exhibit C-15, #42 Exhibit C-16, #43 Exhibit C-17, #44 Exhibit C-18)(Brower, David)

November 21, 2018

Filing 239 NOTICE of Filing of Documents Related to Plaintiffs' Motion for Class Certification re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives.. Document filed by Todd Cox & Mary Dinzik. (Brower, David)

November 21, 2018

Filing 238 LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated November 21, 2018 re: Response to Defendants' Letter Dated November 13, 2018 Re: Supplemental Authority. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit)(Miller, Kim)

November 19, 2018

Filing 237 SEALED DOCUMENT placed in vault.(mhe)

November 19, 2018

Filing 236 ORDER granting #234 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 11/19/18) (yv) Transmission to Sealed Records Clerk for processing.

November 16, 2018

Filing 235 REPLY MEMORANDUM OF LAW in Support re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

November 16, 2018

Filing 234 LETTER MOTION to Seal Document addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated November 16, 2018. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

November 16, 2018

Filing 233 DECLARATION of Kim E. Miller in Support re: #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein.. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Miller, Kim)

November 16, 2018

Filing 232 REPLY MEMORANDUM OF LAW in Support re: #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

November 14, 2018

Filing 231 SEALED DOCUMENT placed in vault.(mhe)

November 13, 2018

Filing 230 LETTER addressed to Magistrate Judge Katharine H. Parker from Dan Marmalefsky dated November 13, 2018 re: Supplemental Authority. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Decision)(Marmalefsky, Dan)

November 13, 2018

Filing 229 ORDER granting #228 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 11/13/18) (yv) Transmission to Sealed Records Clerk for processing.

November 9, 2018

Filing 228 LETTER MOTION to Seal Document #226 Declaration in Opposition to Motion,,, #225 Memorandum of Law in Opposition to Motion, addressed to Magistrate Judge Katharine H. Parker from James J. Beha II dated November 9, 2018. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

November 9, 2018

Filing 227 DECLARATION of Steven E. Zipperstein in Opposition re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log., #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Marmalefsky, Dan)

November 9, 2018

Filing 226 DECLARATION of James J. Beha II in Opposition re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log., #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Marmalefsky, Dan)

November 9, 2018

Filing 225 MEMORANDUM OF LAW in Opposition re: #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Marmalefsky, Dan)

November 9, 2018

Filing 224 DECLARATION of Sarah Tatsis in Opposition re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Marmalefsky, Dan)

November 9, 2018

Filing 223 DECLARATION of Aaron Curtiss in Opposition re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Marmalefsky, Dan)

November 9, 2018

Filing 222 MEMORANDUM OF LAW in Opposition re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Marmalefsky, Dan)

November 9, 2018

Filing 221 ORDER CONCERNING NON-PARTY SUBPOENA denying #173 Motion to Compel. Plaintiffs' motion to compel is DENIED, except to the limited extent set forth above. The Clerk of Court is respectfully directed to terminate the motion at Doc. No. 173. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/9/18) (yv) (Main Document 221 replaced on 11/13/2018) (yv).

November 5, 2018

Filing 220 ORDER granting #219 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The Discovery Conference scheduled for Wednesday, November 7, 2018 is hereby cancelled. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/5/2018) (jca)

November 2, 2018

Filing 219 JOINT LETTER MOTION to Adjourn Conference Scheduled for November 7, 2018 addressed to Magistrate Judge Katharine H. Parker from Dan Marmalefsky dated November 2, 2018. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Marmalefsky, Dan)

October 29, 2018

Filing 218 DECLARATION of James J. Beha II in Opposition re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X)(Marmalefsky, Dan)

October 29, 2018

Filing 217 REPLY MEMORANDUM OF LAW in Opposition re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives. Defendants' Surreply on the Issue of Price Impact in Opposition to Plaintiffs' Motion for Class Certification, Appointment of Class Representatives, and Appointment of Class Counsel. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Appendix A)(Marmalefsky, Dan)

October 26, 2018

Filing 216 DECLARATION of Kim E. Miller in Support re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log., #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein.. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Kim)

October 26, 2018

Filing 215 MEMORANDUM OF LAW in Support re: #214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

October 26, 2018

Filing 214 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents on Their Privilege Log. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

October 26, 2018

Filing 213 MEMORANDUM OF LAW in Support re: #212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

October 26, 2018

Filing 212 MOTION to Compel Defendants BlackBerry Limited, Thorsten Heins, Brian Bidulka, and Steve Zipperstein to Produce Documents Related to Defendant Steve Zipperstein. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

October 26, 2018

Filing 211 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 10/10/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea)

October 26, 2018

Filing 210 TRANSCRIPT of Proceedings re: Case Management Conference held on 10/10/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/24/2019.(aea)

October 15, 2018

Filing 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 10/10/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(vba)

October 15, 2018

Filing 207 TRANSCRIPT of Proceedings re: Case Management Conference held on 10/10/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2018. Redacted Transcript Deadline set for 11/15/2018. Release of Transcript Restriction set for 1/13/2019.(vba)

October 12, 2018

Filing 209 ORDER: Oral argument on Plaintiffs' Motion for Class Certification and to Appoint Counsel (Doc. No. 129) is hereby scheduled for November 29, 2018 at 1:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Oral Argument set for 11/29/2018 at 01:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/12/2018) (ne)

October 12, 2018

Filing 206 ORDER: Plaintiffs and Defendant Blackberry are directed to meet and confer in good faith by October 19, 2018 concerning Plaintiffs objections to Blackberrys privilege log. Plaintiffs may file a motion to compel (not to exceed 20 pages) by October 26, 2018 identifying no more than 100 documents on Blackberrys privilege log. Blackberry shall file its opposition (not to exceed 20 pages) by November 9, 2018, and Plaintiffs shall file their reply (not to exceed 10 pages) by November 16, 2018. Defendants request to file a sur-reply in connection with Plaintiffs motion for class certification is GRANTED. Defendants sur-reply (not to exceed 10 pages) shall be filed by October 29, 2018. Counsel are to file a joint letter by October 17, 2018 concerning their availability for oralargument on November 14th or 15th. Plaintiffs shall identify their expert witnesses in this action by February 1, 2019 and provide their expert reports to Defendants by February 15, 2019. Defendants shall respond to Plaintiffs expert reports by March 15, 2019. Expert depositions shall be completed by March 29, 2019, and as further set forth in this Order. SO ORDERED. (Motions due by 10/26/2018. Responses due by 11/9/2018 Replies due by 11/16/2018. Deposition due by 3/29/2019. Expert Discovery due by 2/15/2019.) (Signed by Magistrate Judge Katharine H. Parker on 10/12/2018) (jca)

October 11, 2018

Filing 205 SEALED DOCUMENT placed in vault.(mhe)

October 11, 2018

Transmission to Sealed Records Clerk. Transmitted re: #204 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)

October 10, 2018

Filing 204 ORDER granting #202 Letter Motion to Seal Document #200 Reply Memorandum of Law in Support of Motion, #201 Declaration in Support of Motion. APPLICATION GRANTED: Exhibits C and D accompanying Plaintiffs' Reply Memorandum in Support of Motion for Class Certification as well as the portions of Plaintiffs' reply papers discussing those exhibits shall be filed under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 10/10/18) (yv)

October 10, 2018

Filing 203 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 10/10/2018 : See Transcript for details. A transcript of this proceeding is available by utilizing the attached order form. (ca)

October 9, 2018

Filing 202 LETTER MOTION to Seal Document #200 Reply Memorandum of Law in Support of Motion, #201 Declaration in Support of Motion,, addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 9, 2018. Document filed by Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

October 9, 2018

Filing 201 DECLARATION of Kim E. Miller in Support re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives.. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Miller, Kim)

October 9, 2018

Filing 200 REPLY MEMORANDUM OF LAW in Support re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

October 5, 2018

Filing 199 MEMO ENDORSEMENT on re: #192 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Kim E. Miller dated October 4, 2018 filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. ENDORSEMENT: Request granted. (Signed by Judge Colleen McMahon on 10/5/2018) (ne)

October 5, 2018

Filing 198 DECLARATION of David A.P. Brower in Support re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A)(Miller, Kim)

October 5, 2018

Filing 197 REPLY MEMORANDUM OF LAW in Support re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

October 5, 2018

Filing 196 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated October 5, 2018 re: Issues for Discussion at October 10, 2018 Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

October 5, 2018

Filing 195 ORDER granting #192 Letter Motion for Leave to File Excess Pages. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 10/5/18) (yv)

October 5, 2018

Filing 194 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Motion for Class Certification and to appoint counsel Dkt #129. Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Colleen McMahon on 10/5/2018) (mml)

October 4, 2018

Filing 193 SEALED DOCUMENT placed in vault.(mhe)

October 4, 2018

Filing 192 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Kim E. Miller dated October 4, 2018. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

October 3, 2018

Filing 191 CERTIFICATE OF SERVICE of October 1, 2018 Order (Dkt. No. 188) served on National Economics Research Associates, Inc. on October 2, 2013. Service was accepted by Jeremy A. Cohen. Service was made by Email and Overnight Mail. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Kim)

October 3, 2018

Filing 190 MEMO ENDORSED ORDER granting #154 Motion to Seal. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 10/3/18) (yv)

October 2, 2018

Filing 189 ORDER. This Court is in receipt of Defendants' request at Doc. No. 154 to file under seal Exhibit O to the Declaration of James J. Beha II (Doc. No. 152) in Opposition to Plaintiffs' Motion for Class Certification. Pursuant to Judge Parker's Individual Practices in Civil Cases, Defendants are directed to send via email to Parker_NYSDChambers@nysd.uscourts.gov an unredacted copy of Exhibit O. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/2/18) (yv)

October 1, 2018

Filing 188 ORDER: Counsel for non-party National Economic Research Associates, Inc. ("NERA") are hereby directed to appear at the Case Management Conference in this matter scheduled for October 10, 2018 at 3:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. NERA's counsel shall be prepared to participate in oral argument concerning Plaintiffs' Motion to Compel NERA to Produce Documents (Doc. No. 173) during the October 10th conference. Plaintiffs are directed to serve a copy of this Order on NERA and file proof of service with the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/1/2018) (rj)

September 28, 2018

Filing 187 DECLARATION of James J. Beha II in Opposition re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents .. Document filed by Blackberry Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Beha, James)

September 28, 2018

Filing 186 MEMORANDUM OF LAW in Opposition re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents . . Document filed by Blackberry Limited. (Beha, James)

September 28, 2018

Filing 185 MEMORANDUM OF LAW in Opposition re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents . . Document filed by National Economic Research Associates, Inc.. (Cohen, Jeremy)

September 28, 2018

Filing 184 AFFIDAVIT of Deidre Nash, Esq. in Opposition re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents .. Document filed by National Economic Research Associates, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cohen, Jeremy)

September 25, 2018

Filing 183 ORDER....The Court is in receipt of Plaintiffs' Notice of Withdrawal (Doc. No. 182) of Plaintiffs' Motion to Compel Non-Party Cornerstone Research to Produce Documents. In light of Plaintiffs' withdrawal of their motion, the Clerk of Court is respectfully directed to remove ECF # 177-80 (Plaintiffs' Motion to Compel) and ECF # 181 (Plaintiffs' related Letter Motion to Seal) from the docket in this action. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/25/18) (yv)

September 21, 2018

Filing 182 NOTICE of Withdrawal of Plaintiffs' Motion to Compel re: 177 MOTION to Compel Cornerstone Research to Produce Documents .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

September 17, 2018

***STRICKEN DOCUMENT. Deleted document number [177-80 and 181] from the case record. The document was stricken from this case pursuant to #183 Order Striking Document from Record,. (yv)

September 17, 2018

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #176 Proposed Order was reviewed and approved as to form. (km)

September 17, 2018

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 180 Proposed Order was reviewed and approved as to form. (km)

September 14, 2018

Filing 176 PROPOSED ORDER. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. Related Document Number: #173 . (Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.

September 14, 2018

Filing 175 DECLARATION of David A.P. Brower in Support re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents .. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Kim)

September 14, 2018

Filing 174 MEMORANDUM OF LAW in Support re: #173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

September 14, 2018

Filing 173 MOTION to Compel National Economic Research Associates, Inc. to Produce Documents . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

September 14, 2018

Filing 172 ORDER. Today the Court heard argument on Plaintiffs' emergency request to postpone the deposition of Defendants' expert witness (Allen) [Docket 170]. For the reasons discussed with the parties during the conference, Plaintiffs' request is granted. The deposition shall be adjourned from September 17 to September 20, 2018. The deadline for Plaintiffs' reply brief in support of their motion for class certification is extended from October 5 to October 9, 2018. The Court will address other discovery issues with the parties at the October 10 case management conference. (Parker, Katharine)

September 14, 2018

Filing 171 LETTER addressed to Magistrate Judge Katharine H. Parker from Dan Marmalefsky dated September 13, 2018 re: Response to Plaintiffs' Letter to Adjourn the Deposition of Defendants' Testifying Expert Lucy Allen. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Marmalefsky, Dan)

September 14, 2018

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 9/14/2018. (ca)

September 13, 2018

Filing 170 LETTER addressed to Magistrate Judge Katharine H. Parker dated September 13, 2018 re: Emergency Motion to Adjourn Deposition of Defendants' Testifying Expert Lucy Allen. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Brower, David)

September 12, 2018

Filing 169 AMENDED ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Steve Zipperstein. (Marmalefsky, Dan)

September 12, 2018

Filing 168 AMENDED ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Thorsten Heins. (Marmalefsky, Dan)

September 12, 2018

Filing 167 AMENDED ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Brian Bidulka. (Marmalefsky, Dan)

September 12, 2018

Filing 166 AMENDED ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Blackberry Limited. (Marmalefsky, Dan)

September 12, 2018

Filing 165 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 9/6/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea)

September 12, 2018

Filing 164 TRANSCRIPT of Proceedings re: Case Management Conference held on 9/6/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/3/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/11/2018.(aea)

September 7, 2018

Filing 163 ORDER terminating #135 Letter Motion to Compel. Based on the parties' representations in their letter [Docket No. 160], some of the issues raised in the letter motion to compel are moot. The parties are directed to review the transcript from the September 6, 2018 case management conference for oral rulings with respect to the temporal scope of ESI review for the 27 agreed-upon custodians and the additional custodian, Chen. The parties are also directed to the transcript for oral directions/rulings with respect to review of non-email documents of Ziperstein and preparation of privilege logs. Defendant shall provide updates of its privilege log once a month at the end of each month commencing at the end of September 2018. The court will address the issues in item 4 of their letter [Docket No. 160] at the next case management conference. Three business days in advance of the next case management conference, the parties shall file a joint letter of no more than 6 pages setting forth a proposed agenda for the conference and summarizing any disputes concerning discovery. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 6, 2018

Filing 162 ORDER granting #139 Motion to Amend/Correct. For the reasons set forth on the record at today's case management conference, Defendants' Motion to Amend/Correct its Answer to add an affirmative defense is GRANTED. Defendants are directed to file the Amended Answer by September 13, 2018. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 6, 2018

Filing 161 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 9/6/2018:See Transcript for details.A transcript of this proceeding is available by utilizing the attached order form. (ca)

September 4, 2018

Filing 160 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Kim E. Miller dated September 4, 2018 re: Issues for Discussion at September 6, 2018 Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

August 28, 2018

Filing 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 8/14/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days(vba)

August 28, 2018

Filing 158 TRANSCRIPT of Proceedings re: Discovery Hearing held on 8/14/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/18/2018. Redacted Transcript Deadline set for 9/28/2018. Release of Transcript Restriction set for 11/26/2018.(vba)

August 27, 2018

Filing 157 NOTICE OF APPEARANCE by Daniel Kuznicki on behalf of Yong M. Cho, Batuhan Ulug. (Kuznicki, Daniel)

August 16, 2018

Filing 156 ORDER, Case Management Conferences in this matter are hereby scheduled for September 6, 2018 at 3:00 p.m.; October 10, 2018 at 3:00 p.m.; November 7, 2018 at 3:00 p.m.; December 6, 2018 at 3:00 p.m.; and January 15, 2019 at 3:00 p.m. All conferences will take place in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. By September 4, 2018, the parties shall file a joint letter setting forth the items to be discussed at the September 6, 2018 conference. SO ORDERED. (Case Management Conference set for 9/6/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Case Management Conference set for 10/10/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Case Management Conference set for 11/7/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Case Management Conference set for 12/6/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Case Management Conference set for 1/15/2019 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/16/18) (yv)

August 14, 2018

Filing 155 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Discovery Hearing held on 8/14/2018 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)

August 10, 2018

Filing 154 MOTION to Seal . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Marmalefsky, Dan)

August 10, 2018

Filing 153 MEMORANDUM OF LAW in Opposition re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives. . Document filed by Steve Zipperstein. (Marmalefsky, Dan)

August 10, 2018

Filing 152 DECLARATION of James J. Beha II in Opposition re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Marmalefsky, Dan)

August 10, 2018

Filing 151 MEMORANDUM OF LAW in Opposition re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Marmalefsky, Dan)

July 27, 2018

Filing 150 ORDER SCHEDULING DISCOVERY CONFERENCE, This case has been referred to me for general pretrial supervision purposes (Doc. No. 149). A Discovery Conference will be held on Tuesday, August 14, 2018 at 3:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York to address the parties' outstanding discovery disputes. SO ORDERED. (Discovery Hearing set for 8/14/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/27/18) (yv)

July 26, 2018

Filing 149 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Colleen McMahon on 7/26/2018) (ft)

July 26, 2018

Magistrate Judge Katharine H. Parker is so redesignated. (ma)

July 25, 2018

Filing 148 LETTER addressed to Magistrate Judge Debra C. Freeman from Kim E. Miller dated July 25, 2018 re: Update in Advance of July 27, 2018 Teleconference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Miller, Kim)

July 25, 2018

Filing 147 DECLARATION of James J. Beha II in Support re: #139 MOTION to Amend/Correct Answers to the Second Consolidated Amended Class Action Complaint.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit I, #2 Exhibit J)(Beha, James)

July 25, 2018

Filing 146 REPLY MEMORANDUM OF LAW in Support re: #139 MOTION to Amend/Correct Answers to the Second Consolidated Amended Class Action Complaint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

July 24, 2018

Filing 145 NOTICE OF APPEARANCE by Claire Gunner on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Gunner, Claire)

July 23, 2018

Filing 144 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated July 23, 2018 re: Courtesy Copies. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

July 20, 2018

Filing 143 DECLARATION of Kim E. Miller in Opposition re: #139 MOTION to Amend/Correct Answers to the Second Consolidated Amended Class Action Complaint.. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Errata A)(Miller, Kim)

July 20, 2018

Filing 142 MEMORANDUM OF LAW in Opposition re: #139 MOTION to Amend/Correct Answers to the Second Consolidated Amended Class Action Complaint. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

July 10, 2018

Filing 141 DECLARATION of James J. Beha II in Support re: #139 MOTION to Amend/Correct Answers to the Second Consolidated Amended Class Action Complaint.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Beha, James)

July 10, 2018

Filing 140 MEMORANDUM OF LAW in Support re: #139 MOTION to Amend/Correct Answers to the Second Consolidated Amended Class Action Complaint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein. (Beha, James)

July 10, 2018

Filing 139 MOTION to Amend/Correct Answers to the Second Consolidated Amended Class Action Complaint. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Beha, James)

July 9, 2018

Filing 138 LETTER addressed to Magistrate Judge Debra C. Freeman from Kim E. Miller dated July 9, 2018 re: Unopposed Request for Adjournment of July 10, 2018 Telephonic Conference. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

June 29, 2018

Filing 137 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from Kim E. Miller dated 6/29/2018 re: #135 LETTER MOTION to Compel Defendants to Produce Documents addressed to Magistrate Judge Debra C. Freeman from Kim E. Miller dated 06/25/2018. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A (redacted))(Miller, Kim)

June 28, 2018

Filing 136 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from James J. Beha II dated June 28, 2018 re: #135 LETTER MOTION to Compel Defendants to Produce Documents addressed to Magistrate Judge Debra C. Freeman from Kim E. Miller dated 06/25/2018. . Document filed by Blackberry Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Beha, James)

June 25, 2018

Filing 135 LETTER MOTION to Compel Defendants to Produce Documents addressed to Magistrate Judge Debra C. Freeman from Kim E. Miller dated 06/25/2018. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Miller, Kim)

June 19, 2018

Filing 134 CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 6/18/2018) (mml)

June 18, 2018

Filing 133 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated June 18, 2018 re: Proposed Confidentiality Agreement and Stipulated Protective Order. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

May 14, 2018

Filing 132 LETTER addressed to Judge Colleen McMahon from David A.P. Brower dated May 14, 2018 re: Courtesy Copy. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Brower, David)

May 11, 2018

Filing 131 DECLARATION of Kim E. Miller in Support re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives.. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Kim)

May 11, 2018

Filing 130 MEMORANDUM OF LAW in Support re: #129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel. MOTION to Certify Class and Appoint Class Representatives. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

May 11, 2018

Filing 129 MOTION to Appoint Counsel Kahn Swick & Foti, LLC and Brower Piven, A Professional Corporation as Class Counsel., MOTION to Certify Class and Appoint Class Representatives. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug.(Miller, Kim)

May 2, 2018

Filing 128 ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Steve Zipperstein.(Marmalefsky, Dan)

May 2, 2018

Filing 127 ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Thorsten Heins.(Marmalefsky, Dan)

May 2, 2018

Filing 126 ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Brian Bidulka.(Marmalefsky, Dan)

May 2, 2018

Filing 125 ANSWER to #84 Amended Complaint, with JURY DEMAND. Document filed by Blackberry Limited.(Marmalefsky, Dan)

April 20, 2018

Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 4/20/2018. Decision: Initial conference held. Briefing and discovery schedule set.Submitted By: Kelsey Russell. (mde)

April 18, 2018

Filing 124 MEMO ENDORSEMENT on re: #123 Letter, filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. ENDORSEMENT: Parties are to appear at the scheduled conference on 4/20/18 @ 10:15 a.m. (Signed by Judge Colleen McMahon on 4/18/2018) (kgo)

April 17, 2018

Filing 123 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated 4/17/2018 re: Proposed Civil Case Management Plan. Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Attachments: #1 Proposed Civil Case Management Plan)(Miller, Kim)

April 3, 2018

Filing 122 ORDER FOR ADMISSION PRO HAC VICE granting #119 Motion for J. Ryan Lopatka to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 4/3/2018) (rjm)

April 3, 2018

Filing 121 ORDER FOR ADMISSION PRO HAC VICE granting #120 Motion for Craig Geraci to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 4/3/2018) (rjm)

April 2, 2018

Filing 120 MOTION for Craig John Geraci, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14887730. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Declaration of Craig Geraci, #3 Text of Proposed Order)(Geraci, Craig)

April 2, 2018

Filing 119 MOTION for J. Ryan Lopatka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14887544. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Declaration of J. Ryan Lopatka, #3 Text of Proposed Order)(Lopatka, J.)

April 2, 2018

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #119 MOTION for J. Ryan Lopatka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14887544. Motion and supporting papers to be reviewed by Clerk's Office staff., #120 MOTION for Craig John Geraci, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14887730. Motion and supporting papers to be reviewed by Clerk's Office staff.. The documents have been reviewed and there are no deficiencies. (jc)

March 30, 2018

Filing 118 STIPULATION AND SCHEDULING ORDER REGARDING TIME FOR DEFENDANTS TO ANSWER THE SECOND CONSOLIDATED AMENDED COMPLAINT: IT IS HEREBY STIPULATED by and between the parties, through their respective undersigned counsel, and agreed as follows: Defendants shall file their answers to the Second Amended Complaint on or before May 2, 2018. Brian Bidulka answer due 5/2/2018; Blackberry Limited answer due 5/2/2018; Thorsten Heins answer due 5/2/2018. (Signed by Judge Colleen McMahon on 3/29/2018) (kgo)

March 29, 2018

Filing 117 ORDER granting #116 Letter Motion to Adjourn Conference. OK - Conference adjourned to 4/20/18 @ 10:15 AM. Initial Conference set for 4/20/2018 at 10:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/29/2018) (kgo)

March 29, 2018

Filing 116 JOINT LETTER MOTION to Adjourn Conference Scheduled for April 6, 2018 addressed to Judge Colleen McMahon from Dan Marmalefsky dated March 29, 2018. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Marmalefsky, Dan)

March 19, 2018

Filing 115 DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT AND REQUEST FOR ORAL ARGUMENT ON THE MOTION denying #96 Motion to Dismiss; denying #100 Motion to Dismiss; denying #114 Letter Motion for Oral Argument. For the reasons stated above, Defendants' motion to dismiss and request for oral argument are DENIED. The Clerk of Court is respectfully directed to terminate the motions at Docket Numbers 96, 100, and 114. (Signed by Judge Colleen McMahon on 3/19/2018) (kgo)

January 25, 2018

Filing 114 LETTER MOTION for Oral Argument on Defendants' Motions to Dismiss addressed to Judge Colleen McMahon from Dan Marmalefsky dated January 25, 2018. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein.(Marmalefsky, Dan)

January 25, 2018

Filing 113 REPLY MEMORANDUM OF LAW in Support re: #100 MOTION to Dismiss . . Document filed by Steve Zipperstein. (Marmalefsky, Dan)

January 25, 2018

Filing 112 REPLY MEMORANDUM OF LAW in Support re: #96 MOTION to Dismiss the Second Amended Complaint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Marmalefsky, Dan)

January 25, 2018

Filing 111 ORDER granting #110 Letter Motion for Leave to File Excess Pages; also granting #108 Letter Motion for Leave to File Excess Pages. OK. (Signed by Judge Colleen McMahon on 1/25/2018) (kgo) Modified on 1/25/2018 (kgo).

January 24, 2018

Filing 110 LETTER MOTION for Leave to File Excess Pages and in Response to Plaintiffs' Letter (ECF No. 109) addressed to Judge Colleen McMahon from Dan Marmalefsky dated January 24, 2018. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

January 22, 2018

Filing 109 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated 1/22/2018 re: Defendants' Letter Motion (Dkt. No. 108). Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

January 22, 2018

Filing 108 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Dan Marmalefsky dated January 22, 2018. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

January 11, 2018

Filing 107 MEMORANDUM OF LAW in Opposition re: #96 MOTION to Dismiss the Second Amended Complaint. . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

December 19, 2017

Filing 106 MEMO ENDORSEMENT on #105 LETTER; granting #104 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: The Reply will be filed on 1/25/2018. The case will be conferenced before then, I hope. Replies due by 1/25/2018. (Signed by Judge Colleen McMahon on 12/19/2017) (kgo)

December 19, 2017

Filing 105 LETTER addressed to Judge Colleen McMahon from Kim E. Miller dated December 19, 2017 re: Opposition to Letter Motion (Dkt. No. 104). Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A)(Miller, Kim)

December 19, 2017

Filing 104 LETTER MOTION for Extension of Time to File Response/Reply as to #100 MOTION to Dismiss . addressed to Judge Colleen McMahon from Dan Marmalefsky dated December 19, 2017. Document filed by Steve Zipperstein.(Marmalefsky, Dan)

December 15, 2017

Filing 103 MEMORANDUM OF LAW in Opposition re: #100 MOTION to Dismiss . . Document filed by Yong M. Cho, Todd Cox & Mary Dinzik, Batuhan Ulug. (Miller, Kim)

December 13, 2017

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Thomas P. Griesa is no longer assigned to the case. (ma)

December 1, 2017

Filing 102 DECLARATION of James J. Beha II in Support re: #100 MOTION to Dismiss .. Document filed by Steve Zipperstein. (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P)(Marmalefsky, Dan)

December 1, 2017

Filing 101 MEMORANDUM OF LAW in Support re: #100 MOTION to Dismiss . . Document filed by Steve Zipperstein. (Marmalefsky, Dan)

December 1, 2017

Filing 100 MOTION to Dismiss . Document filed by Steve Zipperstein.(Marmalefsky, Dan)

November 20, 2017

Filing 99 DECLARATION of James J. Beha II (with corrected version of Exhibit B from Doc. No. 98) in Support re: #96 MOTION to Dismiss the Second Amended Complaint.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Attachments: #1 Exhibit B)(Marmalefsky, Dan)

November 20, 2017

Filing 98 DECLARATION of James J. Beha II in Support re: #96 MOTION to Dismiss the Second Amended Complaint.. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Marmalefsky, Dan)

November 20, 2017

Filing 97 MEMORANDUM OF LAW in Support re: #96 MOTION to Dismiss the Second Amended Complaint. . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Marmalefsky, Dan)

November 20, 2017

Filing 96 MOTION to Dismiss the Second Amended Complaint. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. Responses due by 12/4/2017(Marmalefsky, Dan)

November 14, 2017

Filing 95 ORDER granting #94 Letter Motion for Leave to File Excess Pages. Request approved. (Signed by Judge Thomas P. Griesa on 11/14/2017) (mro)

November 14, 2017

Filing 94 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Thomas P. Griesa from Dan Marmalefsky dated November 14, 2017. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

October 17, 2017

Filing 93 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #90 Motion for Lewis Kahn to Appear Pro Hac Vice; granting #91 Motion for Matthew Woodward to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 10/17/2017) (jwh)

October 16, 2017

Filing 92 ORDER granting #88 Motion to Withdraw as Attorney: Lead Plaintiffs Todd Cox and Mary Dinzik ("Lead Plaintiffs") have filed a motion for withdrawal of attorney Bruce W. Dona as counsel of record for Lead Plaintiffs, pursuant to Local Rule 1.4. The court finds that there is sufficient reason for withdrawal and that withdrawal will not significantly impact the proceedings in this case. Thus, the court grants Lead Plaintiffs' motion for withdrawal, and Dona's appearance is withdrawn as of the date of this Order.(Attorney Bruce Whitney Dona terminated.) (Signed by Judge Thomas P. Griesa on 10/16/2017) (jwh) Modified on 10/17/2017 (jwh).

October 16, 2017

Filing 91 MOTION for Matthew Patrick Woodard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14246567. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Declaration of Matthew P. Woodard, #3 Text of Proposed Order)(Woodard, Matthew)

October 16, 2017

Filing 90 MOTION for Lewis Stephen Kahn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14246318. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Declaration of Lewis S. Kahn, #3 Text of Proposed Order)(Kahn, Lewis)

October 16, 2017

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #90 MOTION for Lewis Stephen Kahn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14246318. Motion and supporting papers to be reviewed by Clerk's Office staff., #91 MOTION for Matthew Patrick Woodard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14246567. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)

October 13, 2017

Filing 89 DECLARATION of Kim E. Miller in Support re: #88 MOTION for Bruce Whitney Dona to Withdraw as Attorney .. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

October 13, 2017

Filing 88 MOTION for Bruce Whitney Dona to Withdraw as Attorney . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Text of Proposed Order)(Miller, Kim)

October 2, 2017

Filing 87 WAIVER OF SERVICE RETURNED EXECUTED. Steve Zipperstein waiver sent on 10/2/2017, answer due 12/1/2017. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

October 2, 2017

Filing 86 ELECTRONIC SUMMONS ISSUED as to Steve Zipperstein. (pc)

September 29, 2017

Filing 85 REQUEST FOR ISSUANCE OF SUMMONS as to Steve Zipperstein, re: #84 Amended Complaint,. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

September 29, 2017

Filing 84 SECOND AMENDED COMPLAINT amending #42 Amended Complaint, #1 Complaint against Brian Bidulka, Blackberry Limited, Thorsten Heins, Steve Zipperstein with JURY DEMAND.Document filed by Todd Cox & Mary Dinzik. Related document: #42 Amended Complaint, #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Miller, Kim)

September 19, 2017

Filing 83 STIPULATION AND SCHEDULING ORDER: THEREFORE, IT IS HEREBY STIPULATED by and between the parties to the Action, by and through their respective undersigned counsel, and agreed as follows: The parties shall file the following documents in accordance with the following schedule: Plaintiffs' Second Amended Complaint: Friday, September 29, 2017; Defendants' Response(s) to the Amended Complaint: Monday, November 20, 2017; Plaintiffs' Opposition to Defendants' Complaint: Response(s) to the Amended Thursday, January 11, 2018; Defendants' Reply to Plaintiffs' Opposition to Defendants' Response(s) to the Amended Complaint: Thursday, January 25, 2018. (Amended Pleadings due by 9/29/2017.) (Signed by Judge Thomas P. Griesa on 9/19/2017) (jwh)

September 15, 2017

Filing 82 ORDER. On September 13, 2017, this court granted plaintiff's motion to amend his complaint. Pursuant to this opinion, the court directs the parties to submit a briefing schedule for the amended complaint and responsive pleadings. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/15/2017) (rjm)

September 13, 2017

Filing 81 OPINION re: #68 MOTION to Amend/Correct #42 Amended Complaint, filed by Todd Cox & Mary Dinzik: Before this court is a motion to amend, originally sought as part of plaintiff's motion for reconsideration of this court's March 13, 2015 opinion. ECF Nos. 54, 56. The court reconsiders plaintiff's motion to amend pursuant to the Second Circuit's August 24, 2016 mandate, which vacated this court's denial of plaintiff's request to amend his complaint. ECF No. 65. The court grants plaintiff leave to amend as to his Section 10(b) and Rule 10b-5 claim because the claim was not filed with undue delay and is not futile under a Federal Rule of Civil Procedure 12(b)(6) analysis. The court denies plaintiff leave to amend with respect to his SEC Item 303 claim because amendment would be futile. For the reasons given above, the court concludes that plaintiff's motion to amend the complaint with respect to the SEC Item 303 claim is denied, but that the motion to amend the complaint with respect to plaintiff's Section 10(b) and Rule 10b-5 claim is granted. This Opinion resolves Docket Number 68. (Signed by Judge Thomas P. Griesa on 9/13/2017) (jwh)

August 17, 2017

Filing 80 LETTER addressed to Judge Thomas P. Griesa from Dan Marmalefsky dated August 17, 2017 re: Response to Plaintiffs' Letter Dated August 16, 2017. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

August 16, 2017

Filing 79 LETTER addressed to Judge Thomas P. Griesa from Kim E. Miller dated August 16, 2017 re: Reply to Defendants' Letter Dated August 15, 2017. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

August 15, 2017

Filing 78 LETTER addressed to Judge Thomas P. Griesa from Dan Marmalefsky dated August 15, 2017 re: Response to Plaintiffs' Letter Dated August 11, 2017. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

August 11, 2017

Filing 77 LETTER addressed to Judge Thomas P. Griesa from Kim E. Miller dated August 11, 2017 re: Supplemental Authority. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit 1)(Miller, Kim)

January 3, 2017

Filing 76 REPLY MEMORANDUM OF LAW in Support re: #68 MOTION to Amend/Correct #42 Amended Complaint, . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

December 19, 2016

Filing 75 DECLARATION of James J. Beha II in Opposition re: #68 MOTION to Amend/Correct #42 Amended Complaint, .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Beha, James)

December 19, 2016

Filing 74 MEMORANDUM OF LAW in Opposition re: #68 MOTION to Amend/Correct #42 Amended Complaint, . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Marmalefsky, Dan)

December 7, 2016

Filing 73 MEMO ENDORSEMENT on re: #72 Notice (Other) filed by The BlackBerry Limited Investor Group, Attorney Brian C. Kerr terminated. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/7/2016) (cf)

December 6, 2016

Filing 72 NOTICE of Withdrawal of Attorney. Document filed by The BlackBerry Limited Investor Group. (Kerr, Brian)

December 6, 2016

Filing 71 NOTICE OF APPEARANCE by David A.P. Brower on behalf of Yong M. Cho, Batuhan Ulug. (Brower, David)

November 17, 2016

Filing 70 DECLARATION of Kim E. Miller in Support re: #68 MOTION to Amend/Correct #42 Amended Complaint, .. Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Miller, Kim)

November 17, 2016

Filing 69 MEMORANDUM OF LAW in Support re: #68 MOTION to Amend/Correct #42 Amended Complaint, . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

November 17, 2016

Filing 68 MOTION to Amend/Correct #42 Amended Complaint, . Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

October 18, 2016

Filing 67 STIPULATION AND SCHEDULING ORDER: THEREFORE, IT IS HEREBY STIPULATED by and between the parties to the Action, by and through their respective undersigned counsel, and agreed as follows: 1. The parties shall file the following documents in accordance with the following schedule: Lead Plaintiffs' Motion to Amend: Thirty days from entry of this stipulated proposed scheduling order. Defendants' Opposition/to Lead Plaintiffs' Motion to Amend: Thirty days from the filing of Lead Plaintiffs' Motion to Amend. Lead Plaintiffs' Reply in Support of Their Motion to Amend: Fourteen days from the filing of Defendants' Opposition. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 10/18/2016) (kl)

September 30, 2016

Filing 66 ORDER: Pursuant to the mandate issued by the Second Circuit on September 16, 2016, the Court orders the parties to submit further briefing on plaintiffs' request to amend. The parties are hereby ordered to submit an agreed-upon schedule for further briefing before this Court by October 14, 2016. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/30/2016) (kl)

September 16, 2016

Filing 65 MANDATE of USCA (Certified Copy) as to #63 Notice of Appeal, filed by Todd Cox & Mary Dinzik. USCA Case Number 15-3991. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/16/2016. (nd)

September 16, 2016

Transmission of USCA Mandate to the District Judge re: #65 USCA Mandate,. (nd)

August 24, 2016

Filing 64 TRUE COPY ORDER of USCA as to #63 Notice of Appeal, filed by Todd Cox & Mary Dinzik. USCA Case Number 15-3991.ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED IN PART, VACATED IN PART, AND REMANDED.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/24/2016. (nd)

December 18, 2015

USCA Appeal Fees received $ 505.00 receipt number 465401141423 on 12/17/2015 re: #63 Notice of Appeal filed by Todd Cox & Mary Dinzik. [USCA Case No. 15-3991-cv.](nd)

December 11, 2015

Filing 63 NOTICE OF APPEAL from #54 Memorandum & Opinion, #62 Order on Motion for Reconsideration, #55 Clerk's Judgment,,,. Document filed by Todd Cox & Mary Dinzik. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Miller, Kim)

December 11, 2015

Appeal Fee Due: for #63 Notice of Appeal. Appeal fee due by 12/28/2015. (tp)

December 11, 2015

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #63 Notice of Appeal, filed by Todd Cox & Mary Dinzik were transmitted to the U.S. Court of Appeals. (tp)

December 11, 2015

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #63 Notice of Appeal. (tp)

November 13, 2015

Filing 62 ORDER denying #56 Motion for Reconsideration. Having considered the parties' arguments, the court denies the motion for reconsideration and the request for leave to amend. This order resolves the item listed at docket number 56. SO ORDERED. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 11/13/2015) (kl)

May 4, 2015

Filing 61 LETTER addressed to Judge Thomas P. Griesa from Kim E. Miller dated May 4, 2015 re: Response to Defendants' April 29, 2015 letter regarding Plaintiffs' Motion for Reconsideration. Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

April 29, 2015

Filing 60 LETTER addressed to Judge Thomas P. Griesa from Dan Marmalefsky dated April 29, 2015 re: Requesting that the Court Strike Plaintiffs' Request for Leave to Amend. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

April 27, 2015

Filing 59 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION for Reconsideration re; #54 Memorandum & Opinion, . . Document filed by Todd Cox & Mary Dinzik. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Miller, Kim)

April 17, 2015

Filing 58 MEMORANDUM OF LAW in Opposition re: #56 MOTION for Reconsideration re; #54 Memorandum & Opinion, . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Marmalefsky, Dan)

March 31, 2015

Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION for Reconsideration re; #54 Memorandum & Opinion, . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

March 31, 2015

Filing 56 MOTION for Reconsideration re; #54 Memorandum & Opinion, . Document filed by Todd Cox & Mary Dinzik.(Miller, Kim)

March 17, 2015

Filing 55 CLERK'S JUDGMENT: Defendants having moved to dismiss the Consolidated Amended Class Action Complaint ("the Complaint" or "CAC"), and the matter having come before the Honorable Thomas P. Griesa, United States District Judge, and the Court, on March 13, 2015, having rendered its Opinion granting defendants' motion to dismiss the Consolidated Amended Class Action Complaint, it is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion dated March 13, 2015, defendants' motion to dismiss the Consolidated Amended Class Action Complaint is granted. (Signed by Clerk of Court Ruby Krajick on 3/17/2015) (Attachments: # 1 Right to Appeal Attachment Part 1, # 2 Right to Appeal Attachment Part 2)Filed In Associated Cases: 1:13-cv-07060-TPG, 1:13-cv-07132-TPG, 1:13-cv-07972-TPG(mro) Modified on 3/18/2015 (mro).

March 13, 2015

Filing 54 OPINION re: # 44 MOTION to Dismiss the Consolidated Amended Complaint filed by Blackberry Limited, Brian Bidulka, Thorsten Heins. For the above stated reasons, defendants' motion to dismiss the Consolidated Amended Class Action Complaint is granted. This opinion resolves the item listed as document number 44 in this case. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/13/2015) (ajs)

March 13, 2015

Transmission to Judgments and Orders Clerk. Transmitted re: # 54 Memorandum & Opinion, to the Judgments and Orders Clerk. (ajs)

October 10, 2014

Filing 53 LETTER addressed to Judge Thomas P. Griesa from Dan Marmalefsky dated 10/10/2014 re: Request for Oral Argument. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

October 10, 2014

Filing 52 REPLY MEMORANDUM OF LAW in Support re: # 44 MOTION to Dismiss the Consolidated Amended Complaint . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Marmalefsky, Dan)

October 8, 2014

Filing 51 MEMO ENDORSED ORDER granting # 50 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/8/2014) (ajs)

October 6, 2014

Filing 50 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Thomas P. Griesa from Dan Marmalefsky dated 10/6/2014. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

September 5, 2014

Filing 49 MEMORANDUM OF LAW in Opposition re: # 44 MOTION to Dismiss the Consolidated Amended Complaint . . Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

August 29, 2014

Filing 48 STIPULATION AND ORDER EXTENDING DEADLINES IN SCHEDULING ORDER: IT IS HEREBY STIPULATED by and between the parties to the Action, by and through their respective undersigned counsel, and agreed as follows: 1. The parties shall file the following documents by the following amended deadlines: Lead Plaintiffs' Opposition to Defendants' Motion to Dismiss: September 5, 2014. Defendants' Reply to Lead Plaintiffs' Opposition to Defendants' Motion to Dismiss: October 10, 2014., ( Responses due by 9/5/2014., Replies due by 10/10/2014.) (Signed by Judge Thomas P. Griesa on 8/29/2014) (lmb)

August 25, 2014

Filing 47 NOTICE of Stipulation and Proposed Order Extending Deadlines in Scheduling Order. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

July 29, 2014

Filing 46 DECLARATION of James J. Beha II in Support re: # 44 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Marmalefsky, Dan)

July 29, 2014

Filing 45 MEMORANDUM OF LAW in Support re: # 44 MOTION to Dismiss the Consolidated Amended Complaint . . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Marmalefsky, Dan)

July 29, 2014

Filing 44 MOTION to Dismiss the Consolidated Amended Complaint . Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins.(Marmalefsky, Dan)

June 2, 2014

Filing 43 ORDER WAIVING DEFICIENCY AND REMOVING FILING ERROR. Having considered Lead Plaintiffs' unopposed request to waive the filing deficiency noticed on May 29, 2014 that the filing of the Consolidated Amended Class Action Complaint for Violation of Federal Securities Laws (the "Amended Complaint") did not comply with Fed. R. Civ. P. 15(a)(1)(A)(B)(2), IT IS HEREBY ORDERED: 1. The filing deficiency noticed on May 29, 2014 is waived, and the filing error entered on May 29, 2014 shall be removed. 2. For the purposes of scheduling, the Amended Complaint is deemed properly filed as of 6/2/2014. (Signed by Judge Thomas P. Griesa on 6/2/2014) (rjm)

June 2, 2014

Filing 42 AMENDED COMPLAINT amending # 1 Complaint against Brian Bidulka, Blackberry Limited, Thorsten Heins with JURY DEMAND.Document filed by Todd Cox & Mary Dinzik. Related document: # 1 Complaint filed by Marvin Pearlstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Kim) Modified on 5/29/2014 (lcu). Modified on 6/3/2014 (rjm).

May 29, 2014

***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Kim Miller RE: Document No. # 42 Amended Complaint,. The filing is deficient for the following reason(s): Filing Does Not Comply with FRCP Rule 15 (a)(1)(A)(B)(2). (lcu)

May 28, 2014

Filing 42 AMENDED COMPLAINT amending # 1 Complaint against Brian Bidulka, Blackberry Limited, Thorsten Heins with JURY DEMAND.Document filed by Todd Cox & Mary Dinzik. Related document: # 1 Complaint filed by Marvin Pearlstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Kim)

May 28, 2014

***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Kim Elaine Miller RE: Document No. # 41 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST Re-file the document and select the correct party you are filing against. You must select each party you are filing against. (mqu)

May 27, 2014

Filing 41 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending # 1 Complaint against All Defendants with JURY DEMAND.Document filed by Todd Cox & Mary Dinzik. Related document: # 1 Complaint filed by Marvin Pearlstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Kim) Modified on 5/28/2014 (mqu).

May 22, 2014

Filing 40 STIPULATION AND ORDER EXTENDING DEADLINES IN SCHEDULING ORDER: Amended Complaint due by 5/27/2014. Defendants' Motion to Dismiss due by 7/29/2014. Responses due by 8/29/2014. Replies due by 9/23/2014. (Signed by Judge Thomas P. Griesa on 5/22/2014) Filed In Associated Cases: 1:13-cv-07060-TPG, 1:13-cv-07132-TPG, 1:13-cv-07972-TPG(cd)

May 19, 2014

Filing 39 NOTICE of Stipulation and Proposed Order. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

April 28, 2014

Filing 38 NOTICE OF CHANGE OF ADDRESS by Joel Charles Haims on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, New York, U.S.A. 10019-9601, 212-468-8000. (Haims, Joel)

April 16, 2014

Filing 37 NOTICE OF CHANGE OF ADDRESS by James Joseph Beha, II on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, NY, 10019,. (Beha, James)

March 25, 2014

Filing 36 ORDER. The court (1) grants the motions to consolidate the three related cases, (2) appoints Cox and Dinzik as lead plaintiff, and (3) appoints Kahn Swick & Foti, LLC as lead counsel. So ordered. Granting (3) Motion to Consolidate Cases; Denying (3) Motion to Appoint; Denying (8) Motion to Appoint Counsel; Denying (8) Motion to Appoint; Granting (8) Motion to Consolidate Cases; Granting (11) Motion to Consolidate Cases; granting (11) Motion to Appoint; Granting (11) Motion to Appoint Counsel; Granting (14) Motion to Consolidate Cases; Denying (14) Motion to Appoint; Denying (14) Motion to Appoint Counsel in case 1:13-cv-07060-TPG; Denying (3) Motion to Appoint Counsel; Denying (3) Motion to Appoint; Granting (3) Motion to Consolidate Cases in case 1:13-cv-07132-TPG; Denying (3) Motion to Appoint Counsel; Denying (3) Motion to Appoint; Granting (3) Motion to Consolidate Cases in case 1:13-cv-07972-TPG. (Signed by Judge Thomas P. Griesa on 3/25/2014) Filed In Associated Cases: 1:13-cv-07060-TPG, 1:13-cv-07132-TPG, 1:13-cv-07972-TPG (rjm). Motions terminated as per Chambers.

March 25, 2014

Filing 35 STIPULATION AND ORDER REGARDING SCHEDULING AND CONSOLIDATED CAPTION: THEREFORE, IT IS HEREBY STIPULATED by and between the parties to the Action, by and through their respective undersigned counsel, and agreed as follows: The Clerk shall maintain a master file under the caption Pearlstein v. Blackberry Ltd., et al., File No. 13-CV-7060-TPG. Any and all other cases that have been or will be filed against any of the Defendants arising out of the same nucleus of operative facts as those alleged in the above-styled action shall, until further Order of this Court, be consolidated for all purposes pursuant to Rule 42(a) of the Federal Rules of Civil Procedure as one action (the "Consolidated Action"). The Clerk is directed to inform counsel in any such other case of this Order; All pleadings or papers hereinafter filed with the Court in the Consolidated Action shall bear the following caption as set forth herein; The parties shall file the following documents by the following deadlines. Lead Plaintiffs' Consolidated Amended Complaint file by May 20, 2014; Defendants' Motion to Dismiss file by July 22, 2014; Lead Plaintiffs' Opposition to Defendants' Motion to Dismiss file by August 22, 2014; Defendants' Reply to Lead Plaintiffs' Opposition to Defendants' Motion to Dismiss file by September 16, 2014. (Amended Pleadings due by 5/20/2014. Motions due by 7/22/2014. Responses due by 8/22/2014. Replies due by 9/16/2014.) (Signed by Judge Thomas P. Griesa on 3/25/2014) (ja)

March 20, 2014

Filing 34 NOTICE of Stipulation and Proposed Order. Document filed by Todd Cox & Mary Dinzik. (Dona, Bruce)

March 14, 2014

Minute Entry for proceedings held before Judge Thomas P. Griesa: Plaintiff Marvin Pearlstein by Kim Miller & Bruce Dona, plaintiff Vu Tran by Peter Safirstein, movant Mark Katz by Brian Murray and Gregory Linkh, Movant The Blackberry Limited investor Group by David Brower, defendant by Dan Marmalefsky and James Beha.Motion Hearing held on 3/14/2014 re: (3 in 1:13-cv-07060-TPG, 3 in 1:13-cv-07060-TPG) MOTION to Consolidate Cases. MOTION to Appoint Omar Ahmed to serve as Lead Plaintiff . filed by Omar Ahmed, (3 in 1:13-cv-07132-TPG, 3 in 1:13-cv-07132-TPG, 3 in 1:13-cv-07132-TPG) MOTION to Appoint Counsel. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). filed by The BlackBerry Limited Investor Group, (3 in 1:13-cv-07972-TPG, 3 in 1:13-cv-07972-TPG, 3 in 1:13-cv-07972-TPG) MOTION to Appoint Counsel. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). filed by The BlackBerry Limited Investor Group. The court grants the motion to consolidate 13 Civ. 7060, 13 Civ. 7132 and 13 Civ. 7972; appoints Todd Cox and Mary Dinzik as lead plaintiff; and appoints Kahn, Swick & Foti as lead counsel. (Beale, Jon)

January 2, 2014

Filing 33 ORDER FOR ADMISSION PRO HAC VICE granting # 21 Motion for Dan Marmalefsky to Appear Pro Hac Vice. The motion of Dan Marmalefsky for admission to practice pro hac vice in the above captioned actions is granted. SO ORDERED.(Signed by Judge Thomas P. Griesa on 1/02/2014) (ama)

January 2, 2014

Filing 32 ORDER FOR ADMISSION PRO HAC VICE granting # 19 Motion for Jordan Eth to Appear Pro Hac Vice. The motion of Jordan Eth for admission to practice pro hac vice in the above captioned actions is granted. SO ORDERED.(Signed by Judge Thomas P. Griesa on 1/02/2014) (ama)

December 30, 2013

Filing 31 REPLY MEMORANDUM OF LAW in Support re: # 14 MOTION to Consolidate Cases 13cv7132, 13cv7972. MOTION to Appoint Mark Katz to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Mark Katz. (Linkh, Gregory)

December 30, 2013

Filing 30 DECLARATION of Kim Miller in Support re: # 11 MOTION to Consolidate Cases 13-cv-7132; 13-cv-7972. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s).. Document filed by Todd Cox & Mary Dinzik. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Miller, Kim)

December 30, 2013

Filing 29 REPLY MEMORANDUM OF LAW in Support re: # 11 MOTION to Consolidate Cases 13-cv-7132; 13-cv-7972. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s).. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

December 30, 2013

Filing 28 DECLARATION of Brian C. Kerr in Support re: # 8 MOTION to Appoint Counsel. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s).. Document filed by The BlackBerry Limited Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kerr, Brian)

December 30, 2013

Filing 27 REPLY MEMORANDUM OF LAW in Support re: # 8 MOTION to Appoint Counsel. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s).. Document filed by The BlackBerry Limited Investor Group. (Kerr, Brian)

December 23, 2013

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 21 MOTION for Dan Marmalefsky to Appear Pro Hac Vice (fee previously paid - reciept number 0208-9198586) . Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION for Dan Marmalefsky to Appear Pro Hac Vice (fee previously paid - reciept number 0208-9198586) . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)

December 20, 2013

Filing 26 DECLARATION of Gregory B. Linkh in Support re: # 14 MOTION to Consolidate Cases 13cv7132, 13cv7972. MOTION to Appoint Mark Katz to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Mark Katz. (Attachments: # 1 Exhibit A)(Linkh, Gregory)

December 20, 2013

Filing 25 MEMORANDUM OF LAW in Support re: # 14 MOTION to Consolidate Cases 13cv7132, 13cv7972. MOTION to Appoint Mark Katz to serve as lead plaintiff(s). MOTION to Appoint Counsel. [Memorandum of Law in Further Support of Mark Katz's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel and In Opposition to the Competing Motions] . Document filed by Mark Katz. (Linkh, Gregory)

December 20, 2013

Filing 24 MEMORANDUM OF LAW in Opposition re: # 3 MOTION to Consolidate Cases. MOTION to Appoint Omar Ahmed to serve as Lead Plaintiff ., # 14 MOTION to Consolidate Cases 13cv7132, 13cv7972. MOTION to Appoint Mark Katz to serve as lead plaintiff(s). MOTION to Appoint Counsel., # 11 MOTION to Consolidate Cases 13-cv-7132; 13-cv-7972. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s).. Document filed by The BlackBerry Limited Investor Group. (Kerr, Brian)

December 20, 2013

Filing 23 RESPONSE in Support of Motion re: # 14 MOTION to Consolidate Cases 13cv7132, 13cv7972. MOTION to Appoint Mark Katz to serve as lead plaintiff(s). MOTION to Appoint Counsel. Response by Omar Ahmed in Support of Mark Katzs Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel . Document filed by Omar Ahmed. (Safirstein, Peter)

December 20, 2013

Filing 22 MEMORANDUM OF LAW in Support re: # 11 MOTION to Consolidate Cases 13-cv-7132; 13-cv-7972. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s).. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

December 20, 2013

Filing 21 MOTION for Dan Marmalefsky to Appear Pro Hac Vice (fee previously paid - reciept number 0208-9198586) . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Receipt for Payment of Motion Fee)(Marmalefsky, Dan)

December 20, 2013

Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dan Marmalefsky to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9198586. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Marmalefsky, Dan) Modified on 12/20/2013 (wb).

December 20, 2013

Filing 19 MOTION for Jordan Eth to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9198548. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Bidulka, Blackberry Limited, Thorsten Heins. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Eth, Jordan)

December 20, 2013

Filing 18 NOTICE OF APPEARANCE by James Joseph Beha, II on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins. (Beha, James)

December 20, 2013

Filing 17 NOTICE OF APPEARANCE by Joel Charles Haims on behalf of Brian Bidulka, Blackberry Limited, Thorsten Heins. (Haims, Joel)

December 20, 2013

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. # 20 MOTION for Dan Marmalefsky to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9198586. Motion and supporting papers to be reviewed by Clerk's Office staff. . Please put one Case number on the document. (wb)

December 3, 2013

Filing 16 DECLARATION of Gregory B. Linkh in Support re: # 14 MOTION to Consolidate Cases 13cv7132, 13cv7972. MOTION to Appoint Mark Katz to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Mark Katz. (Linkh, Gregory)

December 3, 2013

Filing 15 MEMORANDUM OF LAW in Support re: # 14 MOTION to Consolidate Cases 13cv7132, 13cv7972. MOTION to Appoint Mark Katz to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Mark Katz. (Linkh, Gregory)

December 3, 2013

Filing 14 MOTION to Consolidate Cases 13cv7132, 13cv7972., MOTION to Appoint Mark Katz to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Mark Katz.(Linkh, Gregory)

December 3, 2013

Filing 13 DECLARATION of Kim Miller in Support re: # 11 MOTION to Consolidate Cases 13-cv-7132; 13-cv-7972. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s).. Document filed by Todd Cox & Mary Dinzik. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Miller, Kim)

December 3, 2013

Filing 12 MEMORANDUM OF LAW in Support re: # 11 MOTION to Consolidate Cases 13-cv-7132; 13-cv-7972. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s).. Document filed by Todd Cox & Mary Dinzik. (Miller, Kim)

December 3, 2013

Filing 11 MOTION to Consolidate Cases 13-cv-7132; 13-cv-7972., MOTION to Appoint Todd Cox and Mary Dinzik to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Todd Cox & Mary Dinzik. (Attachments: # 1 Text of Proposed Order)(Miller, Kim)

December 3, 2013

Filing 10 DECLARATION of Brian C. Kerr in Support re: # 8 MOTION to Appoint Counsel. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s).. Document filed by The BlackBerry Limited Investor Group. (Kerr, Brian)

December 3, 2013

Filing 9 MEMORANDUM OF LAW in Support re: # 8 MOTION to Appoint Counsel. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s).. Document filed by The BlackBerry Limited Investor Group. (Kerr, Brian)

December 3, 2013

Filing 8 MOTION to Appoint Counsel., MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s)., MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. Document filed by The BlackBerry Limited Investor Group.(Kerr, Brian)

December 3, 2013

Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: # 6 MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972. MOTION to Appoint Counsel.. Document filed by Marvin Pearlstein. (Kerr, Brian) Modified on 12/4/2013 (db).

December 3, 2013

Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint The BlackBerry Limited Investor Group to serve as lead plaintiff(s)., MOTION to Consolidate Cases 1:13 CV 7060; 1:13 CV 7132; 1:13 CV 7972., MOTION to Appoint Counsel. Document filed by Marvin Pearlstein.(Kerr, Brian) Modified on 12/4/2013 (db).

December 3, 2013

Filing 5 DECLARATION in Support re: # 3 MOTION to Consolidate Cases. MOTION to Appoint Omar Ahmed to serve as Lead Plaintiff .. Document filed by Omar Ahmed. (Attachments: # 1 Exhibit A. PSLRA Notice, # 2 Exhibit B. Certification, # 3 Exhibit C. Loss Chart, # 4 Exhibit D. Resume, # 5 Exhibit E. Resume)(Safirstein, Peter)

December 3, 2013

Filing 4 MEMORANDUM OF LAW in Support re: # 3 MOTION to Consolidate Cases. MOTION to Appoint Omar Ahmed to serve as Lead Plaintiff .. Document filed by Omar Ahmed. (Safirstein, Peter)

December 3, 2013

Filing 3 MOTION to Consolidate Cases., MOTION to Appoint Omar Ahmed to serve as Lead Plaintiff . Document filed by Omar Ahmed. (Attachments: # 1 Text of Proposed Order)(Safirstein, Peter)

October 4, 2013

Filing 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) (laq)

October 4, 2013

Filing 1 COMPLAINT against Brian Bidulka, Blackberry Limited, Thorsten Heins. (Filing Fee $ 350.00, Receipt Number 1078227)Document filed by Marvin Pearlstein.(laq) (msa).

October 4, 2013

SUMMONS ISSUED as to Brian Bidulka, Blackberry Limited, Thorsten Heins. (laq)

October 4, 2013

Case Designated ECF. (laq)

October 4, 2013

Magistrate Judge Debra C. Freeman is so designated. (laq)

Search for this case: Pearlstein v. Blackberry Limited et al
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Plaintiff: Marvin Pearlstein
Represented By:	Bruce Whitney Dona
Represented By:	Kim Elaine Miller
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Plaintiff: Pearlstein
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Lead plaintiff: Todd Cox & Mary Dinzik
Represented By:	Kim Elaine Miller
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Defendant: Brian Bidulka
Represented By:	James Joseph Beha, II
Represented By:	Jordan Eth
Represented By:	Joel Charles Haims
Represented By:	Dan Edward Marmalefsky
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Defendant: Blackberry Limited
Represented By:	James Joseph Beha, II
Represented By:	Jordan Eth
Represented By:	Joel Charles Haims
Represented By:	Dan Edward Marmalefsky
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Defendant: Thorsten Heins
Represented By:	James Joseph Beha, II
Represented By:	Jordan Eth
Represented By:	Joel Charles Haims
Represented By:	Dan Edward Marmalefsky
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