The Eshe Fund v. Fifth Third Bancorp et al

Justia Dockets & Filings Sixth Circuit Ohio Southern District The Eshe Fund v. Fifth Third Bancorp et al

The Eshe Fund v. Fifth Third Bancorp et al

Plaintiff:	The Eshe Fund, The Pension Trust Funds, Leon H Loewenstine, Raymond Shackelton, Arnold R Barnett, Sam McGee, Edwin B Shelton, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, District No. 9, I.A. of M. & A.W. Pension Trust, Jacqueline Dinwoodie, Jeffrey J. Wacksman, John Levin, John Dudenhoefer and Alireza Partovipanah
Defendant:	Fifth Third Bancorp, Kevin T Kabat, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Christopher G. Marshall, Daniel G. Poston, Joan R Herschede, George A Schaefer, Jr, Barclays Capital Inc., Wachovia Capital Markets, LLC, Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr., Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr. and James E. Rogers
Petitioner:	Institutional Investor Group
Intervenor Plaintiff:	Board of Governors of the Federal Reserve System, Superintendent Charles J. Dolezal and Michigan Office of Financial and Insurance Regulation
Case Number:	1:2008cv00421
Filed:	June 20, 2008
Court:	US District Court for the Southern District of Ohio
Office:	Securities/Commodities Office
County:	HAMILTON
Presiding Judge:	Sandra S Beckwith
Referring Judge:	Sharon L Ovington
Nature of Suit:	Securities/Commodities
Cause of Action:	12 U.S.C. § 22 Securities Fraud
Jury Demanded By:	Plaintiff

RSS Track this Docket

Docket Report

This docket was last retrieved on August 16, 2016. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 16, 2016	Filing 236 ORDER of USCA as to (83 in 1:08-cv-00538-SSB-MRA) Notice of Appeal filed by John Dudenhoefer, Alireza Partovipanah. The appeal is dismissed pursuant to the stipulation to dismiss. Note: No Mandate to issue. (mb)
July 11, 2016	Filing 235 FINAL APPROVAL ORDER AND JUDGMENT in case 1:08-cv-00421-SSB-SLO; granting (133) Motion for Settlement in case 1:08-cv-00538-SSB-MRA. Signed by Judge Sandra S Beckwith on 7/111/6. Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO (mb)
July 11, 2016	Filing 234 ORDER in case 1:08-cv-00421-SSB-SLO; granting (134) Motion for Attorney Fees, Reimbursement of Expenses, and Case Contribution Awards to the names plaintiffs in case 1:08-cv-00538. Signed by Judge Sandra S Beckwith on 7/11/16. Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO (mb)
July 11, 2016	Filing 233 NOTICE/PLAN of Allocation approved by Judge Sandra S. Beckwith. Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO (mb)
July 11, 2016	Filing 232 Minute Entry: Fairness hearing held before Judge Sandra S Beckwith. Settlement is approved reasonable and fair. The motion for attorney's fees is granted. (Court Reporter: Mary Ann Ranz) Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO (mb)
February 12, 2016	Filing 231 ORDER of USCA as to (83 in 1:08-cv-00538-SSB-MRA) Notice of Appeal filed by John Dudenhoefer, Alireza Partovipanah Note: No Mandate details noted. The joint motion to remand case to the district court is granted. The parties shall notify the Court of Appeals within 28 days following the district court's decision becoming final and the effect of the decision on the appeal. (mb)
June 8, 2015	Filing 228 ORDER approving distribution of settlement funds and allowing payment of settlement administration costs #227 . Signed by Judge Sandra S Beckwith on 6/8/15. (mb)
June 3, 2015	Filing 227 MOTION for Order to Approve Distribution of Settlement Funds and Allowing Payment of Settlement Administration Costs by Plaintiff Edwin B Shelton. (Attachments: #1 Affidavit Affidavit of Edward J. Sincavage, CPA, #2 Exhibit A through first half of E, #3 Exhibit E Second Half through H) (Brown, Phyllis)
July 28, 2014	Filing 230 US Supreme Court JUDGMENT as to (83 in 1:08-cv-00538-SSB-MRA). (mb)
June 25, 2014	Filing 229 ORDER of US Supreme Court as to (83 in 1:08-cv-00538-SSB-MRA) reversing and remanding this case to the Sixth Circuit Court of Appeals. (mb)
November 20, 2013	Filing 226 FINAL JUDGMENT & ORDER OF DISMISSAL with prejudice. Signed by Judge Sandra S Beckwith on 11/19/13. (mb) Modified docket text on 11/21/2013 (eh1).
November 20, 2013	Filing 225 ORDER awarding lead counsel's attorneys' fees and expenses. Signed by Judge Sandra S Beckwith on 11/20/13. (mb)
November 19, 2013	Filing 224 NOTICE of filing the Report of Independent Fiduciary, Ben F. Wells, Esq. (mb)
October 31, 2013	Filing 223 NOTICE of Filing Proposed Orders by Plaintiffs Edwin B Shelton, Jeffrey J. Wacksman (Attachments: #1 Exhibit [Proposed] Order Awarding Lead Counsel's Attorneys' Fees and Expenses, #2 Exhibit [Proposed] Ordering Approving Plan of Allocation) (Brown, Phyllis) Modified docket text on 11/1/2013 (eh1).
October 29, 2013	Filing 222 NOTICE by Plaintiffs Edwin B Shelton, Jeffrey J. Wacksman Notice of Filing (Attachments: #1 Exhibit Declaration of Tina Chiango, #2 Exhibit Final Judgment and Order of Dismissal) (Brown, Phyllis)
October 28, 2013	Filing 221 Transcript of Fairness Hearing held on October 21, 2013, before Judge Beckwith. Court Reporter/Transcriber MA Ranz (Official), Telephone number 513.564.7626. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (mb)
October 23, 2013	Filing 220 NOTICE by Plaintiffs Edwin B Shelton, Jeffrey J. Wacksman Notice of Filing (Attachments: #1 Exhibit Letter to Jan Bosko, #2 Exhibit Letter to Patricia Duquette, #3 Exhibit Letter to Dan Wood) (Brown, Phyllis)
October 22, 2013	Filing 219 Letter from attorney Phyllis Brown re: amount of loss suffered by Dr. Wacksman discussed at the fairness hearing held 10/21/13. (mb)
October 21, 2013	Filing 218 Minute Entry: Fairness hearing held before Judge Sandra S Beckwith. Matter taken under submission pending the receipt of a report by Dan Wells. Counsel indicate that Duquette & Bosko will be contacted and the supplemental affidavit will be sent to them.(Court Reporter MS Ranz (Official).) (mb)
October 17, 2013	Filing 217 NOTICE of receipt of letter on 10/15/13 from Mr. Dan Wood concerning the Notice of Proposed Settlement. (mb) Modified on 10/17/2013 (mb). Modified on 10/17/2013 (mb).
October 16, 2013	Filing 216 NOTICE by Plaintiffs Edwin B Shelton, Jeffrey J. Wacksman of Filing Supplemental Affidavit (Attachments: #1 Affidavit Supplemental Affidavit of Edward J. Sincavage) (Brown, Phyllis)
October 11, 2013	Filing 215 NOTICE of receipt of letter from Ms. Jan Bosko concerning the Notice of Proposed Settlement. (mb)
October 7, 2013	Filing 214 NOTICE of receipt of letter from Ms. Patricia Duquette concerning the Notice of Proposed Settlement. (mb)
September 6, 2013	Filing 213 AFFIDAVIT in Support re (48 in 1:08-cv-00539-SSB-TSH) MOTION for Settlement Final Approval and Plan of Allocation of Settlement Proceeds, (47 in 1:08-cv-00539-SSB-TSH) MOTION for Attorney Fees and Expenses and Awards to Plaintiffs by Plaintiff Edwin B Shelton. (Attachments: #1 Exhibit 1 DEC - Robbins Geller, #2 Exhibit 2 DEC - Berger Montague, #3 Exhibit 3 DEC - Cohen Todd, #4 Exhibit 4 DEC - Phyllis Brown, #5 Exhibit 5 DEC - Cummins Brown, #6 Exhibit 6 DEC - Labaton, #7 Exhibit 7 DEC - Wolf Haldenstein, #8 Exhibit 8 AFF - Heffler Claims, #9 Exhibit 9 DEC - Shelton, #10 Exhibit 10 DEC - Wacksman) Associated Cases: 1:08-cv-00421-SSB-SLO, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB, 1:08-cv-00539-SSB-TSH (Brown, Phyllis)
September 6, 2013	Filing 212 MOTION for Settlement Final Approval and Plan of Allocation of Settlement Proceeds by Plaintiff Edwin B Shelton. Associated Cases: 1:08-cv-00421-SSB-SLO, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB, 1:08-cv-00539-SSB-TSH (Brown, Phyllis)
September 6, 2013	Filing 211 MOTION for Attorney Fees and Expenses and Awards to Plaintiffs by Plaintiff Edwin B Shelton. (Attachments: #1 Exhibit 1 DEC - Robbins Geller, #2 Exhibit 2 DEC - Berger Montague, #3 Exhibit 3 DEC - Cohen Todd, #4 Exhibit 4 DEC - Phyllis Brown, #5 Exhibit 5 DEC - Cummins Brown, #6 Exhibit 6 DEC - Labaton, #7 Exhibit 7 DEC - Wolf Haldenstein, #8 Exhibit 8 AFF - Heffler Claims, #9 Exhibit 9 DEC - Shelton, #10 Exhibit 10 DEC - Wacksman) Associated Cases: 1:08-cv-00421-SSB-SLO, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB, 1:08-cv-00539-SSB-TSH (Brown, Phyllis)
August 29, 2013	Filing 210 Letter from National Registered Agents stating that NRAI is unable to receive documents for the ESHE FUND. (jlw)
July 31, 2013	Filing 209 NOTICE of Filing Executed Signature Page of Stipulation of Settlement re #205 Unopposed MOTION for Settlement - Attachment 2 by Plaintiffs District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Raymond Shackelton, Edwin B Shelton, The Pension Trust Funds, Jeffrey J. Wacksman re Notice of Hearing on Motion, (Brown, Phyllis) Modified to create link to doc. 205 on 8/1/2013 (eh1).
June 19, 2013	Filing 208 ORDER granting #205 Preliminary Approval of Proposed Settlement. Signed by Judge Sandra S Beckwith on 6/19/13. A Fairness hearing is scheduled for 10/21/13 at 9:00 AM. (Attachments: #1 Appendix: Notice of Proposed Settlement, #2 Appendix: Proof of Claim & Release, #3 Appendix: Summary Notice). (mb)
June 18, 2013	Filing 207 NOTICE by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC, Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Dudenhoefer, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Alireza Partovipanah, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman, Intervenor Plaintiffs Board of Governors of the Federal Reserve System, Charles J. Dolezal, Michigan Office of Financial and Insurance Regulation, Movant Institutional Investor Group Notice of Filing (Attachments: #1 Exhibit Preliminary Approval Order, #2 Exhibit Notice of Proposed Settlement, #3 Exhibit Proof of Claim, #4 Exhibit Summary Notice) (Brown, Phyllis)
June 17, 2013	Minute Entry: Conference on proposed settlement held before Judge Sandra S Beckwith. A fairness hearing is scheduled for 10/2/13 at 9:00 AM in Courtroom 822. Written order to follow. (Court Reporter Luke Lavin (Official).) (mb)
May 13, 2013	NOTICE by clerk: A telephone conference on plaintiffs' motion for preliminary approval of proposed settlement #205 is scheduled for 6/17/2013 at 1:30 PM before Judge Sandra S Beckwith. Counsel for plaintiffs is to initiate the call to chambers at 513.564.7610. (mb)
April 25, 2013	Filing 206 NOTICE by Plaintiff John Dudenhoefer of Firm Name Change Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO (McKenna, Thomas)
April 16, 2013	Filing 205 Unopposed MOTION for Settlement Preliminary Approval by Plaintiffs District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Edwin B Shelton, Jeffrey J. Wacksman. (Attachments: #1 Plaintiff's Memorandum of Law in Support of Their Unopposed Motion for Preliminary Approval of Proposed Settlement, #2 Stipulation of Settlement, #3 Exhibit Order Preliminarily Approving Settlement and Providing for Notice, #4 Exhibit Notice of Proposed Settlement of Class Action, #5 Exhibit Proof of Claim and Release, #6 Exhibit Summary Notice, #7 Exhibit Final Judgment and Order of Dismissal with Prejudice) (Brown, Phyllis)
April 15, 2013	Filing 204 STATUS REPORT by Defendants Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities. (Burke, James)
April 2, 2013	Filing 203 ORDER: The parties are to file a joint status report concerning the tentative settlement by 4/15/13 and are to also include the status of plaintiffs' motion for class certification. Signed by Judge Sandra S Beckwith on 4/2/13. (mb)
March 5, 2013	Filing 202 ORDER in case 1:08-cv-00421-SSB-SLO; granting (110) Motion for Leave for attorney Shannon O. Lack Braden to Appear Pro Hac Vice as co-counsel for plaintiffs. Signed by Judge Sandra S Beckwith on 3/5/13. Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO. (mb)
February 28, 2013	Filing 201 MOTION for Leave to Appear Pro Hac Vice of Shannon O. Lack Braden (Filing fee $ 200, receipt number 0648-4000888) by Plaintiff Alireza Partovipanah. Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO (Parry, Ronald)
February 25, 2013	NOTATION ORDER in case 1:08-cv-00421-SSB-SLO; granting (109) Motion to Withdraw in case 1:08-cv-00538-SSB-MRA. Attorney Peter H. LeVan, Jr. is granted permission to withdraw as co-counsel for plaintiffs. Signed by Judge Sandra S Beckwith on 3/25/13. Associated Cases: 1:08-cv-00538-SSB-MRA, 1:08-cv-00421-SSB-SLO (mb)
January 2, 2013	NOTATION ORDER granting Doc. 199 MOTION to stay proceedings UNTIL 3/4/13 pending final approval of settlement filed by Fifth Third Capital Trust VI, Hendrick G. Meijer, Barclays Capital Inc., Thomas W. Traylor, James P Hackett, Daniel G. Poston, Jacqueline Dinwoodie, The Eshe Fund, Merrill Lynch Pierce Fenner & Smith Incorporated, Fifth Third Securities, Christopher G. Marshall, Kevin T Kabat, Citigroup Global Markets Incorporated, John Dudenhoefer, District No. 9, I.A. of M. & A.W. Pension Trust, John F. Barrett, Board of Governors of the Federal Reserve System, Morgan Stanley & Co. Incorporated, Darryl F. Allen, Allen M. Hill, Gary R. Heminger, Jeffrey J. Wacksman, Institutional Investor Group, Sam McGee, Dudley S. Taft, Ulysses L. Bridgeman, Jr., UBS Securities LLC, Edwin B Shelton, Leon H Loewenstine, The Pension Trust Funds, James E. Rogers, Joan R Herschede, Raymond Shackelton, Michigan Office of Financial and Insurance Regulation, Credit Suisse Securities (USA) LLC, Mitchel Livingston, Robert L. Koch, II, Alireza Partovipanah, Fifth Third Capital Trust VII, Wachovia Capital Markets, LLC, John Levin, Arnold R Barnett, Banc of America Securities LLC, Fifth Third Bancorp, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, George A Schaefer, Jr, John J. Schiff, Jr., Charles J. Dolezal. Signed by Judge Sandra S Beckwith on 1/2/13. (mb) Modified on 1/2/2013 (mb).
December 21, 2012	Filing 200 MOTION to Stay and Joint Notice of Settlement by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC, Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Dudenhoefer, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Alireza Partovipanah, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman, Intervenor Plaintiffs Board of Governors of the Federal Reserve System, Charles J. Dolezal, Michigan Office of Financial and Insurance Regulation, Movant Institutional Investor Group. (Brown, Phyllis)
December 20, 2012	Filing 199 NOTICE of Settlement and Motion to Stay Proceedings by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC, Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Dudenhoefer, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Alireza Partovipanah, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman, Intervenor Plaintiffs Board of Governors of the Federal Reserve System, Charles J. Dolezal, Michigan Office of Financial and Insurance Regulation, Movant Institutional Investor Group (Brown, Phyllis)
October 16, 2012	Filing 198 RESPONSE to Motion re #163 MOTION to Certify Class DEFENDANTS' RESPONSE TO PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY filed by Defendants Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, Kevin T Kabat, Christopher G. Marshall, Daniel G. Poston. (Verticchio, Anthony)
September 28, 2012	Filing 197 NOTICE by clerk: Final Pretrial Conference is RESCHEDULED for 7/15/2014 at 9:00 AM; Trial is RESCHEDULED for 8/4/2014 at 1:00 PM before Judge Sandra S Beckwith. All deadlines concerning filing of exhibits, etc. to be calculated from these new dates. (mb)
September 28, 2012	Filing 196 AMENDED CALENDAR ORDER granting #195 Motion to Amend Dates as follows: Pltfs. to identify experts and produce reports by 8/1/13, Defts. by 11/4/13; Rebuttal experts & reports due: 12/2/13; Fact discovery deadline: 8/1/13; Expert discovery deadline: 12/23/13; Motions deadline: 1/23/14; FPTC: 7/2014; Trial: 8/2014. Signed by Judge Sandra S Beckwith on 9/28/12. (mb)
September 24, 2012	Filing 195 Joint MOTION to Amend/Correct #171 Order on Motion for Extension of Time,, #172 Scheduling Order by Defendants Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities. (Attachments: #1 Text of Proposed Order Proposed Order) (Burke, James)
September 20, 2012	Filing 193 NOTICE by clerk of FILING OF ORDER & JUDGMENT by Court of Appeals dated 9/6/12, concerning the appeal filed in Case 1:08-cv-538 (doc. 83) reversing and remanding case. (mb)
September 20, 2012	NOTATION ORDER granting #194 Defendants' Unopposed Motion for Extension of Time until 14 days following the Sixth Circuit's resolution of the petition for rehearing to file their answer to the amended class action complaint. Signed by Judge Sandra S Beckwith on 9/20/12. (mb)
September 19, 2012	Filing 194 UNOPPOSED Motion by defendants for extension of time until 14 days following the Sixth Circuit's resolution of the petition for rehearing or rehearing en banc, to file their Answer to Plaintiffs' Amended Consolidated Action Complaint. (mb)
September 11, 2012	Filing 192 Supplemental Memorandum Supporting re #166 Reply to Response to Motion, Notice of Recent Supplemental Authority by Plaintiffs District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Edwin B Shelton, Jeffrey J. Wacksman. (Attachments: #1 Exhibit A, #2 Exhibit B) (Brown, Phyllis)
September 6, 2012	Filing 191 AFFIDAVIT re #190 Supplemental - Opposing,,, Declaration of Joseph M. Callow, Jr. by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Attachments: #1 Exhibit 1) (Callow, Joseph)
September 6, 2012	Filing 190 Supplemental Memorandum Opposing re #163 MOTION to Certify Class filed by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Callow, Joseph)
August 22, 2012	Filing 189 ORDER granting #184 Defendants' Motion for Leave to File Sur-Reply. Defendants' Sur-Reply brief to the motion for class certification is due 9/6/12. Signed by Judge Sandra S Beckwith on 8/22/12. (mb)
August 13, 2012	Filing 188 REPLY to Response to Motion re #184 MOTION to Strike #183 Reply to Response to Motion, or MOTION for Leave to File Sur-Reply filed by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Burke, James)
July 26, 2012	Filing 187 RESPONSE in Opposition re #184 MOTION to Strike #183 Reply to Response to Motion, or MOTION for Leave to File Sur-Reply filed by Plaintiffs District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Edwin B Shelton, The Eshe Fund, Jeffrey J. Wacksman. (Brown, Phyllis)
July 3, 2012	Filing 186 ORDER granting #185 Plaintiffs' Motion for Extension of Time until 7/26/12 to file response to the motion to strike or for leave to file a sur-reply. Signed by Judge Sandra S Beckwith on 7/3/12. (mb)
July 2, 2012	Filing 185 Unopposed MOTION for Extension of Time to File Response/Reply as to #184 MOTION to Strike #183 Reply to Response to Motion, or MOTION for Leave to File Sur-Reply New date requested 7/26/2012. by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, Jeffrey J. Wacksman. (Attachments: #1 Text of Proposed Order) (Brown, Phyllis)
June 28, 2012	Filing 184 MOTION to Strike #183 Reply to Response to Motion, or, MOTION for Leave to File Sur-Reply by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Burke, James)
June 7, 2012	Filing 183 REPLY to Response to Motion re #163 MOTION to Certify Class (OMNIBUS) filed by Plaintiffs District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Edwin B Shelton, The Eshe Fund, Jeffrey J. Wacksman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Brown, Phyllis)
May 23, 2012	Filing 182 ORDER granting #181 Plaintiffs' Motion for Extension of Time until 6/7/12 to file reply in support of motion for class certification. Signed by Judge Sandra S Beckwith on 5/23/12. (mb)
May 22, 2012	Filing 181 Unopposed MOTION for Extension of Time New date requested 6/7/2012. Unopposed Motion by Plaintiffs Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman. (Attachments: #1 Exhibit A) (Brown, Phyllis)
April 19, 2012	Filing 180 NOTICE of Change of Address by Mary C Henkel (Henkel, Mary)
April 16, 2012	Filing 179 RESPONSE in Opposition re #163 MOTION to Certify Class of the Outside Directors' filed by Defendants Darryl F. Allen, John F. Barrett, Ulysses L. Bridgeman, Jr, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, James E. Rogers, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor. (Henkel, Mary)
April 16, 2012	Filing 178 AFFIDAVIT re #176 Response in Opposition to Motion,,, Affidavit of James E. Burke by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3-A, #4 Exhibit Exhibit 3-B, #5 Exhibit Exhibit 4) (Burke, James)
April 16, 2012	Filing 177 Supplemental Memorandum Opposing re #163 MOTION to Certify Class filed by Defendants Banc of America Securities LLC, Barclays Capital Inc., Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets, LLC. (Attachments: #1 Exhibit) (Pitcairn, Robert)
April 16, 2012	Filing 176 RESPONSE in Opposition re #163 MOTION to Certify Class filed by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Burke, James)
April 16, 2012	Filing 175 DEPOSITION OF JEFFREY WACKSMAN taken on 1/19/12 by Defendants Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, Kevin T Kabat, Christopher G. Marshall, Daniel G. Poston Notice of Filing Deposition of Jeffrey Wacksman (Attachments: #1 Exhibit Deposition Transcript of Jeffrey Wacksman) (Verticchio, Anthony) Modified to correct docket text on 4/17/2012 (lk).
April 16, 2012	Filing 174 Deposition of Henry Steiner taken on 1/26/12 by Defendants Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, Kevin T Kabat, Christopher G. Marshall, Daniel G. Poston Notice of Filing Deposition of Henry Steiner (Attachments: #1 Exhibit Deposition Transcript of Henry Steiner) (Verticchio, Anthony) Modified to correct docket text on 4/17/2012 (lk).
April 16, 2012	Filing 173 Deposition of Edwin B. Shelton taken on 1/17/12 by Defendants Kevin T. Kabat, Christopher G. Marshall, Daniel T Poston, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities (Attachments: #1 Exhibit) Associated Cases: 1:08-cv-00421-SSB-SLO, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB, 1:08-cv-00539-SSB-TSH (Verticchio, Anthony) Modified to correct docket text on 4/17/2012 (lk).
March 14, 2012	Filing 172 AMENDED SCHEDULING ORDER: DDL: 3/1/13 (fact), 7/23/13 (expert): Motions deadline: 8/23/13; Final Pretrial Conference set for 2/24/2014 at 9:00 AM; Trial set for 3/10/2014 at 1:00 PM. Signed by Judge Sandra S Beckwith on 3/14/12. (mb)
March 14, 2012	Filing 171 AMENDED CALENDAR ORDER granting #170 Joint Motion to extend dates as follows: Memo in opposition to motion for class cert. due: 4/16/12; Reply due: 5/31/12; Pltfs. to identify experts & produce reports: 3/1/13, defts. to do the same by: 5/3/13; Rebuttal experts disclosed & reports produced by: 7/2/13; Disclosure of non-experts: 12/6/12; Fact discovery deadline: 3/1/13; Expert discovery deadline: 7/23/13; Dispositive motions due: 8/23/13. Signed by Judge Sandra S Beckwith on 3/14/12. (mb) Modified on 3/14/2012 (mb).
March 13, 2012	Filing 170 MOTION for Extension of Time New date requested 3/1/2014. Joint Motion by all parties to extend the case schedule set forth in calendar order entered September 14, 2011 and Memorandum in Support by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, The Eshe Fund, Jeffrey J. Wacksman. (Attachments: #1 Exhibit A, #2 Exhibit B) (Brown, Phyllis)
March 6, 2012	Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Telephone Conference held on 3/6/2012 (10 minutes). (rp1)
March 5, 2012	NOTICE OF TELECONFERENCE: Teleconference set for 3/6/2012 at 3:00 PM before Magistrate Judge Sharon L Ovington. PLEASE CALL 1-888-684-8852 and follow the instructions on the automated system. The Access Code is 6641708. Please use security code 030612. If you have any questions please call 937-512-1570 prior to the teleconference. (rp1)
February 28, 2012	Filing 169 ORDER denying #143 Motion to Compel; granting #146 Federal Reserve Board's Motion to Intervene; granting #147 Ohio Superintendent of Financial Institutions' Motion to Intervene; granting #156 Michigan Office of Financial Insurance Regulation's Motion to Intervene; adopting Report and Recommendation re #167 . Signed by Judge Sandra S Beckwith on 2/28/12. (mb)
February 22, 2012	Filing 168 STIPULATED ORDER PURSUANT TO MAGISTRATE OVINGTON'S FEBRUARY 2, 2012 REPORT ANDRECOMMENDATION - IT IS THEREFORE STIPULATED AND ORDERED: 1. Fifth Third will receive work product from the Intervening Parties after they have completed their review of the privilege log and documents and provide a revised Privilege Log to Plaintiffs by April 30, 2012; and 2. Fifth Third will produce any non-privileged documents resulting from this reviewprocess to the Plaintiffs by May 10, 2012. Signed by Magistrate Judge Sharon L Ovington on 02/22/12. (pb1)
February 2, 2012	Filing 167 REPORT AND RECOMMENDATIONS IT IS THEREFORE RECOMMENDED THAT: 1. The Federal Reserve Boards Motion to Intervene (Doc. #146 ) be GRANTED; the Motion of the Ohio Superintendent of Financial Institutions to Intervene for Limited Purposes (Doc. #147 ) be GRANTED; and the Michigan Office of Financial Insurance Regulations Motion to Intervene (Doc. #156 ) be GRANTED; 2. The Federal Reserve Board, the Ohio Department of Financial Institutions, and the Michigan Office of Financial Insurance Regulation be permitted to intervene as of right under Fed. R. Civ. P. 24(a) for the limited purpose of litigating, if necessary, the bank examination privilege; 3. Plaintiffs Motion to Compel (Doc. #143) be DENIED without prejudice to renewal in the event the Federal Reserve or the state banking regulators advance the bank examination privilege concerning the approximately 4,500 withheld documents currently at issue; and 4. The parties shall meet and confer and file a proposed plan, by February 21, 2012, addressing, at a minimum, (i) the time frame in which the banking regulators will complete their document reviews, and (ii) the deadline by which the banking regulators will produce responsive documents and/or provide Plaintiffs with a privilege log (if necessary). Objections to R&R due by 2/21/2012. Signed by Magistrate Judge Sharon L Ovington on 02/02/12. (pb1)
January 30, 2012	Filing 166 REPLY to Response to Motion re #143 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege filed by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, The Eshe Fund, Jeffrey J. Wacksman. (Brown, Phyllis)
January 25, 2012	Filing 165 RESPONSE in Opposition re #156 First MOTION to Intervene for the Limited Purpose of Responding to Plaintiffs' Motion to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege filed by Plaintiffs Jacqueline Dinwoodie, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman. (Attachments: #1 Affidavit Declaration of Barbara Podell, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E) (Brown, Phyllis)
January 17, 2012	Filing 164 REPLY to Response to Motion re #147 MOTION to Intervene for limited purposes filed by Intervenor Charles J. Dolezal. (Attachments: #1 Affidavit Matthew K. Walker) (Cole, William)
January 17, 2012	ORDER granting #162 as unopposed Plaintiffs' Motion for Extension of Time. On or before January 30, 2012, Plaintiffs shall file their Reply in Support of their Motion to Compel #143 . Signed by Magistrate Judge Sharon L Ovington on 01/17/2012. (slo1)
January 16, 2012	Filing 163 MOTION to Certify Class by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Edwin B Shelton, The Eshe Fund, Jeffrey J. Wacksman. Responses due by 2/9/2012 (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order Proposed Order, #3 Affidavit Declaration of Barbara Podell, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F, #10 Exhibit Exhibit G) (Brown, Phyllis)
January 13, 2012	Filing 162 Unopposed MOTION for Extension of Time New date requested 1/30/2012. Requested by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, The Eshe Fund, Jeffrey J. Wacksman. (Attachments: #1 Exhibit Exhibit A) (Brown, Phyllis)
January 13, 2012	Filing 161 RESPONSE in Opposition re #143 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege filed by Movant Board of Governors of the Federal Reserve System. (Attachments: #1 Affidavit Supplemental Declaration of Yvonne Mizusawa) (Mizusawa, Yvonnne)
January 12, 2012	Filing 160 REPLY to Response to Motion re #146 MOTION to Intervene and in Opposition to #143 Motion to Compel and Supporting Memorandum of Law filed by Movant Board of Governors of the Federal Reserve System. (Attachments: #1 Affidavit Supplemental Declaration of Yvonne F. Mizusawa in Support of Board's Motion to Intervene) (Mizusawa, Yvonnne)
January 10, 2012	Filing 159 RESPONSE in Opposition re #143 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege Joining Fifth Third Defendants in Opposition (Doc. 155) filed by Defendants Darryl F. Allen, John F. Barrett, Ulysses L. Bridgeman, Jr, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, James E. Rogers, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor. (Henkel, Mary)
January 10, 2012	Filing 158 CERTIFICATE OF SERVICE by Intervenor Defendant Michigan Office of Financial and Insurance Regulation re #156 First MOTION to Intervene for the Limited Purpose of Responding to Plaintiffs' Motion to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege (Evans, Jason)
January 10, 2012	Notice of Correction re [FORMER DOCUMENT 154] Motion to Intervene filed by Michigan Office of Financial and Insurance Regulation: Clerk removed this document because it was unsigned. Counsel refiled signed document at #156 and #157 . Motions created by filing of [FORMER DOCUMENT 154] and #157 Memorandum in Support of Motion have been terminated. NOTE: Certificate of Service is missing from #156 First Motion to Intervene. Counsel for Michigan Office of Financial and Insurance Regulation shall electronically file a Notice of Filing, attach a Certificate of Service and link it to the #156 First Motion to Intervene. (mtw)
January 9, 2012	Filing 157 MEMORANDUM IN SUPPORT of MOTION to Intervene filed by Nonparty Michigan Office of Financial and Insurance Regluation's Motion to Intervene for the Limited Purpose of Responding to Plaintiff's Motion to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege by Intervenor Defendant Michigan Office of Financial and Insurance Regulation. (Evans, Jason) Modified on 1/10/2012 (mb).
January 9, 2012	Filing 156 First MOTION to Intervene for the Limited Purpose of Responding to Plaintiffs' Motion to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege by Intervenor Defendant Michigan Office of Financial and Insurance Regulation. (Evans, Jason)
January 6, 2012	Filing 155 RESPONSE in Opposition re #143 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege filed by Defendants Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, Kevin T Kabat, Christopher G. Marshall, Daniel G. Poston. (Verticchio, Anthony)
January 4, 2012	Filing 154 [FORMER DOCUMENT 154] MOTION to Intervene for the Limited Purpose of Responding to Plaintiffs' Motion to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege by Intervenor Defendant Office of Financial and Insurance Regulation. (Attachments: # 1 Memorandum in Support of Motion) (Evans, Jason) Modified to remove pdf on 1/10/2012 (mtw).
January 3, 2012	Filing 153 RESPONSE in Opposition re #146 MOTION to Intervene and in Opposition to #143 Motion to Compel and Supporting Memorandum of Law, #147 MOTION to Intervene for limited purposes filed by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, The Eshe Fund, Jeffrey J. Wacksman. (Attachments: #1 Affidavit Declaration of Barbara Podell, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E) (Brown, Phyllis)
January 3, 2012	Filing 152 ORDER granting #151 Intervenor's Motion for Leave for attorney Jason Evans to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 1/3/12. (mb)
December 28, 2011	Filing fee paid $ 200.00, receipt number 100CIN013766 re: #151 Motion for Admission Pro Hac Vice of Jason R. Evans. (mtw)
December 27, 2011	Filing 151 MOTION for Leave to Appear Pro Hac Vice of Jason R. Evans (Filing fee $ 200) by Intervenor Charles J. Dolezal. (Attachments: #1 Exhibit Certificate of attorney Jason R. Evans) (Cole, William)
December 21, 2011	Notice of Correction re: #146 MOTION to Intervene also contained a Response in Opposition to the Motion to Compel. As such, document filed a second time as #149 Response in Opposition to Motion. (eh1)
December 20, 2011	Filing 150 ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' MOTION TO COMPEL granting #148 . Signed by Magistrate Judge Sharon L Ovington on 12/20/2011. (kje1)
December 20, 2011	Filing 149 RESPONSE in Opposition re #143 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege filed by Movant Board of Governors of the Federal Reserve System. (Attachments: #1 Declaration) (Mizusawa, Yvonnne)
December 19, 2011	Filing 148 Unopposed MOTION for Extension of Time New date requested 1/6/2012. by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Attachments: #1 Exhibit Proposed Order Extending Time for Defendants to Respond to Plaintiffs' Motion to Compel) (Callow, Joseph)
December 16, 2011	Filing 147 MOTION to Intervene for limited purposes by Intervenor Charles J. Dolezal. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:08-cv-00421-SSB-SLO, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB, 1:08-cv-00539-SSB-TSH (Cole, William) Modified to clarify docket text on 12/19/2011 (mtw).
December 15, 2011	Filing 146 MOTION to Intervene and in Opposition to #143 Motion to Compel and Supporting Memorandum of Law by Defendants Board of Governors of the Federal Reserve System, Board of Governors of the Federal Reserve System, Board of Governors of the Federal Reserve System, Board of Governors of the Federal Reserve System. (Attachments: #1 Affidavit) Associated Cases: 1:08-cv-00421-SSB-SLO, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB, 1:08-cv-00539-SSB-TSH (Mizusawa, Yvonnne)
November 28, 2011	Filing 145 ORDER granting #142 Plaintiffs' Motion for Leave for attorney Phyllis Parker to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 11/28/11. (mb)
November 23, 2011	Filing fee for #142 Motion PHV: $ 200.00, receipt number 100CIN013491 (sct1)
November 23, 2011	Filing 143 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of the Bank Examination Privilege by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, The Pension Trust Funds, Jeffrey J. Wacksman. (Attachments: #1 Memorandum in Support, #2 Declaration of Barbara A. Podell, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G) (Brown, Phyllis)
November 21, 2011	Filing 142 MOTION for Leave to Appear Pro Hac Vice of Phyllis M. Parker (Filing fee $ 200, receipt number Mailed to court) by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, The Pension Trust Funds, Jeffrey J. Wacksman. (Brown, Phyllis)
November 4, 2011	Filing 141 STIPULATED PROTECTIVE ORDER - re #140 Motion for Protective Order. Signed by Magistrate Judge Sharon L Ovington on 11/4/2011. (kje1)
October 27, 2011	Filing 140 Joint MOTION for Protective Order by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC, Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman, Movant Institutional Investor Group. (Attachments: #1 Exhibit Stipulated Protective Order) (Callow, Joseph)
September 14, 2011	Filing 139 NOTICE by clerk: Final Pretrial Conference is RESET for 9/24/2013 09:00 AM; Trial is RESET for 10/21/2013 at 1:00 PM before Judge Sandra S Beckwith. (mb)
September 14, 2011	Filing 138 ORDER granting #136 Joint Motion for Extension of Time of deadlines as follows: Deadline for Plaintiffs motion for class certification: January 16, 2012; memorandum in opposition due: March 15, 2012; Reply due: April 30, 2012; Plaintiffs to ID primary experts and produce expert reports: October 1, 2012; Defendants to ID primary experts and produce expert reports: December 3, 2012; Disclosure of rebuttal experts and production of rebuttal reports: February 1, 2013; Notice of compliance with Fed. R. Civ. P. 26: July 6, 2012; Disclosure of non-expert (fact) witnesses: July 6, 2012; Fact discovery deadline: October 1, 2012; Expert discovery deadline: February 22, 2013; Dispositive motion deadline: March 22, 2013; Final Pretrial Conference: September 2013; Jury Trial: October 2013. Signed by Judge Sandra S Beckwith on 9/14/11. (mb)
September 14, 2011	Filing 137 ORDER granting #135 Joint Motion for Extension of Time until 11/15/11 for the filing of plaintiffs' motion for class certification. Signed by Judge Sandra S Beckwith on 9/14/11. (mb)
September 12, 2011	Filing 136 MOTION for Extension of Time New date requested 10/1/2013. Extend Case Scheduling Order and attached Proposed Calendar Entry with Trial 10/1/2013 by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC, Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman, Movant Institutional Investor Group. (Brown, Phyllis)
September 12, 2011	Filing 135 MOTION for Extension of Time for Filing Motion for Class Certification. New date requested 11/15/2011. by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC, Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman, Movant Institutional Investor Group. (Brown, Phyllis)
September 7, 2011	Minute Entry for proceedings held before Magistrate Judge Sharon L Ovington: Scheduling Conference held on 9/7/2011 (Total Time: 5 minutes). (rp1)
September 7, 2011	NOTICE OF TELECONFERENCE: Teleconference regarding scheduling matters set for 9/7/2011 at 3:00 PM before Magistrate Judge Sharon L Ovington. PLEASE CALL 1-888-684-8852 and FOLLOW THE INSTRUCTIONS ON THE AUTOMATED SYSTEM. The Access Code is 6641708. Please use Security Code 090711. If you have any questions, please call Rose Plummer at 937-512-1571 prior to the teleconference. (rp1)
July 11, 2011	Filing 134 NOTATION ORDER granting #133 Joint Motion to Amend Calendar Order to extend the deadline to 8/12/11 to file any motion for leave to amend the amended consolidated class action complaint. Signed by Judge Sandra S Beckwith on 7/11/11. (mb)
July 11, 2011	Filing 133 Joint MOTION to Amend/Correct #125 Order, Set Deadlines/Hearings,,,,,,,, Proposed Order by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC, Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman, Movant Institutional Investor Group. (Attachments: #1 Exhibit Proposed Order) (Brown, Phyllis)
July 6, 2011	Filing 132 ORDER RE: Suggestion of Death Notices (docs. 60 & 130): Plaintiff's claims against defendant Joan R. Herschede are dismissed with prejudice. Signed by Judge Sandra S Beckwith on 7/6/11. (mb)
December 15, 2010	Filing 131 ANSWER to #119 Amended Complaint, filed by Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, Kevin T Kabat, Christopher G. Marshall, Daniel G. Poston. (Verticchio, Anthony)
December 15, 2010	Filing 130 RENEWED SUGGESTION OF DEATH Upon the Record as to Joan R. Herschede (Renewed) by Defendants Darryl F. Allen, John F. Barrett, Ulysses L. Bridgeman, Jr, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, James E. Rogers, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor. (Henkel, Mary) Modified on 6/29/2011 (mb).
December 15, 2010	Filing 129 Underwriter Defendants' ANSWER to #119 Amended Complaint, filed by Banc of America Securities LLC, Barclays Capital Inc., Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets, LLC. (Pitcairn, Robert)
December 15, 2010	Filing 128 ANSWER to #119 Amended Complaint, filed by Darryl F. Allen, John F. Barrett, Ulysses L. Bridgeman, Jr, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, James E. Rogers, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor. (Henkel, Mary)
December 2, 2010	Filing 127 SCHEDULING ORDER: DDL: 4/9/12; Motions due: 10/1/12; Final Pretrial Conference set for 4/10/2013 at 09:00 AM; Trial set for 4/22/2013 at 1:00 PM. Signed by Judge Sandra S Beckwith on 12/2/10. (mb)
November 30, 2010	Filing 126 ORDER - Pursuant to the parties' Joint Discovery Plan and Rule 26(f) Report (Doc. #120 ), it is hereby ORDERED that: Deadline for responses and objections to initial discovery requests: December 30, 2010. DOCUMENT PRODUCTION-A rolling production of documents shall begin on March 31, 2011 and shall be completed on or before August 31, 2011, subject to any pertinent Court rulings on discovery objections, if any. Deadline for the parties will meet and confer to discuss e-discovery protocols on or before January 12,2011. To the extent available, the Fifth Third Defendants will provide organizational charts for Fifth Third's divisions, departments, or groups, which have responsibility with respect to the credit quality of Fifth Third's loan portfolio, Tier 1 capital, and the additional capital to Plaintiffs on or before January 19,2011. The Underwriter Defendants will provide working group lists to Plaintiffs on or before January 19,2011. Plaintiffs will provide a list of proposed search terms and user accounts to Defendants on or before February 2, 2011. The parties will meet and confer to resolve outstanding issues regarding user accounts and search terms on or before February 16,2011. LIMITATIONS ON DISCOVERY-Extensions of Number of Non-Expert Depositions Permitted: Plaintiffs will have fifty (50) depositions of the Defendants and third-parties. Defendants will have thirteen (13) depositions of the Plaintiffs and third-parties. The number of depositions provided for herein may be increased by agreement of the parties or as ordered by the Court. Extensions of Number of Interrogatories Permitted: Plaintiffs may serve a total of twenty-five (25) interrogatories on each party Defendant. Defendants may serve a total of twenty-five (25) interrogatories on each remaining party Plaintiff. Extensions of Number of Requests for Admission Permitted: Each remaining party Plaintiff may serve a total of forty (40) requests for admission. Each Defendant may serve a total of forty (40) requests for admission. 5. SETTLEMENT The parties shall designate an agreed upon third-party mediator within thirty days after the completion of the rolling document production. The parties shall meet with the third-party mediator within sixty days following his or her designation as mediator. A settlement demand can be made at any time. A response can be made thirty days from the issuance of the demand. Signed by Magistrate Judge Sharon L Ovington on 11/30/10. (pb1) Modified to clarify docket text on 12/1/2010 (sct1).
November 30, 2010	Filing 125 CALENDAR ORDER - 1. Deadline for motion for leave to amend complaint: July 12,2011 2. Deadline for Plaintiffs' motion for class certification: September 15, 2011 Deadline for Defendants' memorandum in opposition: November 15, 2011 Deadline for Plaintiffs' reply: December 30, 2011 3. Deadlines for disclosure ofexpert witnesses and submission of expert reports: Plaintiffs to identify primary experts and produce reports: April 9, 2012 Defendants to identify primary experts and produce reports: June 8, 2012 Disclosure of rebuttal experts and production of rebuttal reports: August 8, 2012 4. Notice of compliance with Fed. R. Civ. P. 26: January 10,2012 5. Disclosure of non-expert (fact) witnesses: January 10,2012 6. Fact discovery deadline: April 9, 2012 Expert discovery deadline: August 31,2012; 7. Dispositive motion deadline: October 1, 2012 8. Final Pretrial Conference: March 2013 9. Jury Trial: April 2013 before Judge Sandra S Beckwith. Signed by Magistrate Judge Sharon L Ovington on 11/30/10. (pb1)
November 24, 2010	Filing 124 STIPULATED ORDER granting #123 Defendants' Motion for Extension of Time until 12/15/10 to file an Answer to the amended consolidated class action complaint. Signed by Judge Sandra S Beckwith on 11/24/10. (mb)
November 23, 2010	Filing 123 Unopposed MOTION for Extension of Time New date requested 12/15/2010. by Defendants Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, Kevin T Kabat, Christopher G. Marshall, Daniel G. Poston. (Attachments: #1 Exhibit Proposed Order) (Verticchio, Anthony)
November 17, 2010	Filing 122 AGREED ORDER: The court's order (doc. 111) shall apply with equal force and effect to the plaintiffs' amended consolidated class action complaint. Signed by Judge Sandra S Beckwith on 11/17/10. (mb)
November 17, 2010	Notice of Correction re:[FORMER DOC. 121] Stipulation removed from the docket because it was a proposed order. Proposed are emailed to chambers rather than filed on the docket. Clerk saved file prior to deletion. (eh1)
November 16, 2010	Filing 121 [FORMER DOC. 121] STIPULATION Proposed Agreed Order by Defendants, Plaintiff. . (Brown, Phyllis) Modified docket text and removed pdf on 11/17/2010 (eh1).
November 16, 2010	Filing 120 RULE 26(f) REPORT Joint Discovery Plan by Plaintiff, Defendants . (Brown, Phyllis) Modified docket text on 11/17/2010 (eh1).
September 30, 2010	Filing 119 AMENDED COMPLAINT Consolidated Class Action against All Defendants, filed by The Eshe Fund, Jeffrey J. Wacksman, District No. 9, I.A. of M. & A.W. Pension Trust, Jacqueline Dinwoodie, The Pension Trust Funds, Leon H Loewenstine, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Edwin B Shelton. (Attachments: #1 Exhibit) (Brown, Phyllis)
September 7, 2010	Filing 118 ORDER granting #117 Agreed Motion. Pltfs. will file an amended complaint to add The Eshe Fund on 10/1/10. Defts' answer due 60 days thereafter. Signed by Judge Sandra S Beckwith on 9/7/10. (mb)
September 2, 2010	Filing 117 Joint MOTION for Order to Enter Agreed Scheduling Order by Defendants and Plaintiffs. (Attachments: #1 Text of Proposed Order) (Verticchio, Anthony) Modified to clarify docket text on 9/2/2010 (sct1).
September 2, 2010	Filing 116 ORDER granting #114 Motion for Leave for attorney Shonson to Appear Pro Hac Vice as co-counsel for plaintiffs. Signed by Judge Sandra S Beckwith on 9/2/10. (mb)
September 2, 2010	Filing 115 STIPULATED ORDER granting #112 Defendants an extension of time until 9/7/10 to file an Answer. Signed by Judge Sandra S Beckwith on 9/2/10. (mb)
September 1, 2010	Filing 114 MOTION for Leave to Appear Pro Hac Vice of Elizabeth A. Shonson (Filing fee $ 200, receipt number 100CIN009369) by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, The Pension Trust Funds, Jeffrey J. Wacksman. (Brown, Phyllis)
August 31, 2010	Notice of Correction re:[FORMER DOCUMEN 113] MOTION for Leave to Appear Pro Hac Vice of Elizabeth A. Shonson (Filing fee $ 200, receipt number 100CIN009369) Counsel filed an unsigned copy of the Motion. They were notified and will refile a signed version. (jlw1)
August 30, 2010	Filing 113 [FORMER DOCUMENT 113] MOTION for Leave to Appear Pro Hac Vice of Elizabeth A. Shonson (Filing fee $ 200, receipt number 100CIN009369) by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, The Pension Trust Funds, Jeffrey J. Wacksman. (Brown, Phyllis) Modified to remove PDF on 8/31/2010 (jlw1).
August 24, 2010	Filing 112 Unopposed MOTION for Extension of Time New date requested 9/7/2010. by Defendants Fifth Third Bancorp, Kevin T. Kabat, Christopher G. Marshall, Daniel T Poston, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities. (Attachments: #1 Text of Proposed Order Exhibit A) Associated Cases: 1:08-cv-00421-SSB -SLO, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB -TSB, 1:08-cv-00539-SSB-TSH (Burke, James)
August 10, 2010	Filing 111 ORDER granting in part and denying in part #78 Motion to Dismiss; finding as moot #83 Motion to file an amended consolidated class action complaint #90 Motion to Strike; granting #99 Plaintiffs' Motion for Leave to File sur-reply brief. Signed by Judge Sandra S Beckwith on 8/10/10. (mb)
June 21, 2010	Filing 110 ORDER OF RECUSAL. Magistrate Judge Norah McCann King recused. Case reassigned to Magistrate Judge Sharon L Ovington for all further proceedings. Signed by Magistrate Judge Norah McCann King on 6/15/10. (sct1)
June 11, 2010	This case is referred to Magistrate Judge Norah McCann King. (mr1)
June 7, 2010	Filing 109 ORDER that the undersigned is RECUSED from this case. Signed by Magistrate Judge J. Gregory Wehrman on 6/7/10. (jl1) .
June 7, 2010	Magistrate Judge J. Gregory Wehrman no longer assigned to case. (jl1)
May 24, 2010	Filing 108 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge J. Gregory Wehrman for all further proceedings. Magistrate Judge Timothy S. Black no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 5/24/2010. (ss)
April 9, 2010	Motions No Longer Referred: #99 MOTION for Leave to File Surreply Memorandum in Further Opposition to Defendants' Motion to Dismiss (jl1)
April 1, 2010	Filing 107 NOTICE by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, Jeffrey J. Wacksman re #88 Response in Opposition to Motion re #79 Motion to Dismiss Supplemental Authority (Attachments: #1 Exhibit A) (Brown, Phyllis) Modified to create link to motion and supplement on 4/2/2010 (eh1).
April 1, 2010	Filing 106 NOTICE of Firm Name Change by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, Jeffrey J. Wacksman (Reise, Jack) Modified docket text on 4/1/2010 (eh1).
February 17, 2010	Filing 105 NOTICE by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC re #78 MOTION to Dismiss, #79 Supplemental - Supporting, of Supplemental Authority in Support of Defendants' Motion to Dismiss (Attachments: #1 Exhibit Tab A) (Verticchio, Anthony)
January 6, 2010	Filing 104 NOTICE by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC re #78 MOTION to Dismiss, #79 Supplemental - Supporting, of Supplemental Authority in Support of Defendants' Motion to Dismiss (Attachments: #1 Exhibit Tab A) (Verticchio, Anthony)
December 23, 2009	Filing 103 REPLY to Response to Motion re #99 MOTION for Leave to File Surreply Memorandum in Further Opposition to Defendants' Motion to Dismiss Plaintiffs' Reply in Support of Motion for Leave to File a Surreply Memorandum in Further Opposition to Defendants' Motion to Dismiss filed by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, Jeffrey J. Wacksman. (Brown, Phyllis)
December 22, 2009	Filing 102 NOTICE by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC re #78 MOTION to Dismiss, #79 Supplemental - Supporting, of Supplemental Authority in Support of Defendants' Motion to Dismiss (Attachments: #1 Exhibit Tab A) (Verticchio, Anthony)
December 10, 2009	Filing 101 Response re #98 Supplemental - Supporting, by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Burke, James)
December 10, 2009	Filing 100 RESPONSE in Opposition re #99 MOTION for Leave to File Surreply Memorandum in Further Opposition to Defendants' Motion to Dismiss filed by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Burke, James)
November 16, 2009	Filing 99 MOTION for Leave to File Surreply Memorandum in Further Opposition to Defendants' Motion to Dismiss by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, Jeffrey J. Wacksman. (Attachments: #1 Memorandum In Further Opposition, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Brown, Phyllis)
November 16, 2009	Filing 98 Supplemental Memorandum Supporting re #88 Response in Opposition to #78 MOTION to Dismiss filed by Plaintiffs Jeffrey J. Wacksman, District No. 9, I.A. of M. & A.W. Pension Trust, Jacqueline Dinwoodie, Leon H Loewenstine, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Edwin B Shelton. (Brown, Phyllis) Modified docket text and created link to motion on 11/17/2009 (eh1).
November 13, 2009	Filing 97 REPLY to Response to Motion re #90 MOTION to Strike #78 MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss MOTION to Strike #78 MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss filed by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, Jeffrey J. Wacksman, Defendant UBS Securities LLC. (Brown, Phyllis)
October 30, 2009	Filing 96 REPLY to Response to Motion re #78 MOTION to Dismiss filed by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Attachments: #1 Affidavit of Joseph M. Callow, Jr., #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4) (Verticchio, Anthony)
October 30, 2009	Filing 95 Supplemental REPLY to Response to Motion re #78 MOTION to Dismiss filed by Defendants Banc of America Securities LLC, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Securities, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets, LLC. (Pitcairn, Robert) Modified on 11/2/2009 (eh1).
October 30, 2009	Filing 94 RESPONSE in Opposition re #90 MOTION to Strike #78 MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss MOTION to Strike #78 MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss filed by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Verticchio, Anthony)
October 30, 2009	Filing 93 REPLY to Response to Motion re #78 MOTION to Dismiss filed by Defendants Darryl F. Allen, John F. Barrett, Ulysses L. Bridgeman, Jr, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft. Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (Whitaker, Glenn) Modified on 11/2/2009 (eh1).
October 28, 2009	Motions No Longer Referred: (83 in 1:08-cv-00421-SSB-TSB) MOTION to Amend/Correct Consolidated Class Action Complaint, (78 in 1:08-cv-00421-SSB-TSB) MOTION to Dismiss, (90 in 1:08-cv-00421-SSB-TSB) MOTION to Strike (78) MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss MOTION to Strike (78) MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (jl1)
October 7, 2009	Filing 92 ORDER granting #91 Defendants' Motion for Extension of Time until 10/30/09 to reply to the motion to dismiss the consolidated class action complaint (doc. 88) and to reply to motion to strike (doc. 90). Signed by Judge Sandra S Beckwith on 10/7/09. (mb)
October 5, 2009	Filing 91 Unopposed MOTION for Extension of Time to File Response/Reply as to #90 MOTION to Strike #78 MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss MOTION to Strike #78 MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss, #88 Response in Opposition to Motion,, New date requested 10/30/2009. by Defendants Darryl F. Allen, Banc of America Securities LLC, Barclays Capital Inc., John F. Barrett, Ulysses L. Bridgeman, Jr, Citigroup Global Markets Incorporated, Credit Suisse Securities (USA) LLC, Fifth Third Bancorp, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Fifth Third Securities, James P Hackett, Gary R. Heminger, Joan R Herschede, Allen M. Hill, Kevin T Kabat, Robert L. Koch, II, Mitchel Livingston, Christopher G. Marshall, Hendrick G. Meijer, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Daniel G. Poston, James E. Rogers, George A Schaefer, Jr, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, UBS Securities LLC, Wachovia Capital Markets, LLC. (Attachments: #1 Exhibit A - Propsed Order) (Verticchio, Anthony)
September 25, 2009	Filing 90 MOTION to Strike #78 MOTION to Dismiss Extraneous documents and references in Defendants' Support of Motion to Dismiss by Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman. (Brown, Phyllis)
September 25, 2009	Filing 89 AFFIDAVIT re #88 Response in Opposition to Motion,, Reise Declaration and Exhibits by Plaintiffs Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Edwin B Shelton, Jeffrey J. Wacksman. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (Brown, Phyllis)
September 25, 2009	Filing 88 RESPONSE in Opposition re #78 MOTION to Dismiss filed by Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman. (Attachments: #1 Plaintiff Opposition to Defendants' Motion to Dismiss, #2 Plaintiff Opposition to Defendants' Motion to Dismiss, #3 Plaintiff Opposition to Defendants' Motion to Dismiss) (Brown, Phyllis)
September 18, 2009	NOTATION ORDER granting #87 Lead Plaintiffs' Motion for Extension of Time until 9/25/09 to file response to all defendants' motions to dismiss. Signed by Judge Sandra S Beckwith on 9/18/09. (mb)
September 17, 2009	Filing 87 Unopposed MOTION for Extension of Time New date requested 9/25/2009. Unopposed Motion for Extention of Time by Plaintiffs Arnold R Barnett, Jacqueline Dinwoodie, District No. 9, I.A. of M. & A.W. Pension Trust, John Levin, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, Leon H Loewenstine, Sam McGee, Raymond Shackelton, Edwin B Shelton, The Eshe Fund, The Pension Trust Funds, Jeffrey J. Wacksman. (Attachments: #1 Text of Proposed Order) (Brown, Phyllis)
September 8, 2009	Filing 86 NOTICE of Supplemental Authority in Support of Defendants' Motion to Dismiss re #78 MOTION to Dismiss, #79 Supplemental - Supporting by Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Bancorp, Fifth Third Capital Trust VII, Christopher G. Marshall, Daniel G. Poston, Joan R Herschede, George A Schaefer, Jr, Barclays Capital Inc., Wachovia Capital Markets, LLC, Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr, James E. Rogers, Kevin T Kabat, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC (Attachments: #1 Exhibit Tab A, #2 Exhibit Tab B, #3 Exhibit Tab C, #4 Exhibit Tab D, #5 Exhibit Tab E, #6 Exhibit Tab F) (Verticchio, Anthony) Modified docket text on 9/9/2009 (eh1, ).
August 20, 2009	Filing 85 REPLY to Response to Motion re #83 MOTION to Amend/Correct Consolidated Class Action Complaint Reply in Support of Plaintiffs' Motion for Leave to File Corrected Consolidated Class Action Complaint filed by Plaintiffs Leon H Loewenstine, Raymond Shackelton, Arnold R Barnett, Sam McGee, Edwin B Shelton, The Eshe Fund, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, District No. 9, I.A. of M. & A.W. Pension Trust, Jacqueline Dinwoodie, Jeffrey J. Wacksman, John Levin, The Pension Trust Funds. (Brown, Phyllis)
August 14, 2009	Filing 84 RESPONSE in Opposition re #83 MOTION to Amend/Correct Consolidated Class Action Complaint filed by Defendants Fifth Third Securities, Barclays Capital Inc., Wachovia Capital Markets, LLC, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC. (Pitcairn, Robert)
July 27, 2009	Filing 83 MOTION to Amend/Correct Consolidated Class Action Complaint by Plaintiffs Leon H Loewenstine, Raymond Shackelton, Arnold R Barnett, Sam McGee, Edwin B Shelton, The Eshe Fund, Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds, District No. 9, I.A. of M. & A.W. Pension Trust, Jacqueline Dinwoodie, Jeffrey J. Wacksman, John Levin, The Pension Trust Funds. (Attachments: #1 Exhibit Corrected Complaint, #2 Exhibit Corrected Complaint, #3 Exhibit Corrected Complaint, #4 Exhibit Corrected Complaint, #5 Exhibit Highlighted Corrections) (Brown, Phyllis)
July 17, 2009	Filing 82 NOTICE of Filing EXHIBITS 1-47 re #80 Affidavit & #78 MOTION to Dismiss by Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Bancorp, Fifth Third Capital Trust VII, Christopher G. Marshall, Daniel G. Poston, Joan R Herschede, George A Schaefer, Jr, Barclays Capital Inc., Wachovia Capital Markets, LLC, Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr, James E. Rogers, Kevin T Kabat, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC (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 Errata 24-A, #25 Exhibit 24-B, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27-A, #29 Exhibit 27-B, #30 Exhibit 27-C, #31 Exhibit 28, #32 Exhibit 29-A, #33 Exhibit 29-B, #34 Exhibit 29-C, #35 Exhibit 29-D, #36 Exhibit 30, #37 Exhibit 31, #38 Exhibit 32-A, #39 Exhibit 32-B, #40 Exhibit 33, #41 Exhibit 34, #42 Exhibit 35, #43 Exhibit 36, #44 Exhibit 37, #45 Exhibit 38, #46 Exhibit 39, #47 Exhibit 40, #48 Exhibit 41, #49 Exhibit 42-A, #50 Exhibit 42-B, #51 Exhibit 43, #52 Exhibit 44, #53 Exhibit 45, #54 Exhibit 46, #55 Exhibit 47) (Verticchio, Anthony) Modified docket text on 7/20/2009 (eh1, ).
July 16, 2009	NOTATION ORDER granting defendants permission to manually file exhibits to the Affidavit of Joseph M. Callow, Jr. (Doc. 80). Signed by Judge Sandra S Beckwith on 7/16/09. (mb)
July 15, 2009	Filing 81 NOTICE by Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Bancorp, Fifth Third Capital Trust VII, Christopher G. Marshall, Daniel G. Poston, Joan R Herschede, George A Schaefer, Jr, Barclay's Capital Inc., Wachovia Capital Markets, LLC, Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr, James E. Rogers, Kevin T Kabat, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC re #80 Affidavit,,, of Joseph M. Callow, Jr. (Verticchio, Anthony)
July 15, 2009	Filing 80 AFFIDAVIT of Joseph M. Callow, Jr. re EXHIBITS to #78 MOTION to Dismiss by Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Bancorp, Fifth Third Capital Trust VII, Christopher G. Marshall, Daniel G. Poston, Joan R Herschede, George A Schaefer, Jr, Barclay's Capital Inc., Wachovia Capital Markets, LLC, Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr, James E. Rogers, Kevin T Kabat, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC. (Verticchio, Anthony) Modified on 7/16/2009 (eh1, ).
July 15, 2009	Filing 79 Supplemental Memorandum Supporting #78 Motion to Dismiss filed by Defendants Fifth Third Securities, Barclay's Capital Inc., Wachovia Capital Markets, LLC, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC. (Pitcairn, Robert) Modified to create relationship to doc. 78 on 7/16/2009 (eh1, ).
July 15, 2009	Filing 78 MOTION to Dismiss by Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Bancorp, Fifth Third Capital Trust VII, Christopher G. Marshall, Daniel G. Poston, Joan R Herschede, George A Schaefer, Jr, Barclay's Capital Inc., Wachovia Capital Markets, LLC, Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr, James E. Rogers, Kevin T Kabat, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC. Responses due by 8/10/2009 (Morales, Jennifer)
July 15, 2009	Filing 77 Corporate Disclosure Statement by Defendant Fifth Third Bancorp. (Verticchio, Anthony)
July 15, 2009	Filing 76 Corporate Disclosure Statement by Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII. (Verticchio, Anthony)
July 15, 2009	Filing 75 Corporate Disclosure Statement by Defendant Credit Suisse Securities (USA) LLC. (Pitcairn, Robert)
July 15, 2009	Filing 74 Corporate Disclosure Statement by Defendant Citigroup Global Markets Incorporated. (Pitcairn, Robert)
July 15, 2009	Filing 73 Corporate Disclosure Statement by Defendant Morgan Stanley & Co. Incorporated. (Pitcairn, Robert)
July 15, 2009	Filing 72 Corporate Disclosure Statement by Defendant Barclay's Capital Inc.. (Pitcairn, Robert)
July 15, 2009	Filing 71 Corporate Disclosure Statement by Defendant Merrill Lynch Pierce Fenner & Smith Incorporated. (Pitcairn, Robert)
July 15, 2009	Filing 70 Corporate Disclosure Statement by Defendant Wachovia Capital Markets, LLC. (Pitcairn, Robert)
July 15, 2009	Filing 69 Corporate Disclosure Statement by Defendants UBS Securities LLC, UBS AG, UBS Americas, Inc. identifying Corporate Parent UBS AG, Corporate Parent UBS Americas, Inc. for UBS Securities LLC.. (Pitcairn, Robert)
July 15, 2009	Filing 68 Corporate Disclosure Statement by Defendant Banc of America Securities LLC. (Pitcairn, Robert)
July 10, 2009	Filing 67 NOTICE of Appearance by Anthony Michael Verticchio Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Bancorp, Fifth Third Capital Trust VII, Fifth Third Bancorp, Fifth Third Bancorp, Fifth Third Bancorp Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (Verticchio, Anthony)
June 30, 2009	Filing 66 ORDER granting #65 Motion for Extension of Time to 7/15/09 in case 1:08-cv-00421-SSB-TSB to answer or otherwise plead. Signed by Magistrate Judge Timothy S. Black on 6/30/09. Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (jl1, ) Modified docket text on 7/1/2009 (eh1, ).
June 26, 2009	Filing 65 Unopposed MOTION for Extension of Time New date requested 7/15/2009. by Defendants Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Bancorp, Fifth Third Capital Trust VII, Christopher G. Marshall, Daniel G. Poston, Joan R Herschede, George A Schaefer, Jr, Barclay's Capital Inc., Wachovia Capital Markets, LLC, Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr, James E. Rogers, Kevin T Kabat, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC. (Attachments: #1 Text of Proposed Order) (Burke, James)
June 11, 2009	Filing 64 ORDER granting [61-63] Motions for Leave for attorneys Washer, Hakki & Lewis to Appear Pro Hac Vice as co-counsel for defendants Banc of America Securities LLC, Barclays Capital, Inc., Citigroup Global Markets, Inc., Credit Suisse Securities (USA) LLC, Merrill Lynch, Pierce, Fenner & Smith, Inc., Morgan Stanley & Co., Inc., UBS Securities LLC, and Wachovia Capital Markets LLC. Signed by Judge Sandra S Beckwith on 6/11/09. (mb)
June 9, 2009	Filing 63 MOTION for Leave to Appear Pro Hac Vice of Daniel Lewis (Filing fee $ 200) by Defendants Barclay's Capital Inc., Wachovia Capital Markets, LLC, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co Inc, UBS Securities LLC, Credit Suisse Securities (USA) LLC. (Attachments: #1 Certificate of Good Standing) Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (Pitcairn, Robert) (Additional attachment(s) added on 6/9/2009: #2 Filing Fee Receipt) (eh1, ).
June 9, 2009	Filing 62 MOTION for Leave to Appear Pro Hac Vice of Adam S. Hakki (Filing fee $ 200) by Defendants Barclay's Capital Inc., Wachovia Capital Markets, LLC, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co Inc, UBS Securities LLC, Credit Suisse Securities (USA) LLC. (Attachments: #1 Certificate of Good Standing) Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (Pitcairn, Robert) (Additional attachment(s) added on 6/9/2009: #2 Filing Fee Receipt) (eh1, ).
June 9, 2009	Filing 61 MOTION for Leave to Appear Pro Hac Vice of Herbert S. Washer (Filing fee $ 200) by Defendants Barclay's Capital Inc., Wachovia Capital Markets, LLC, Citigroup Global Markets Incorporated, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc, Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co Inc, UBS Securities LLC, Credit Suisse Securities (USA) LLC. (Attachments: #1 Certificate of Good Standing) Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (Pitcairn, Robert) (Additional attachment(s) added on 6/9/2009: #2 Filing Fee Receipt) (eh1, ).
June 9, 2009	Filing fee: $ 600.00, receipt number 100CIN5414 re #61 , #62 & #63 Motions for Leave to Appear Pro Hac Vice. (eh1, )
May 20, 2009	NOTICE OF CORRECTION BY CLERK: The NOTATION ORDER filed 5/14/09 granting doc. 58, should read: "Granting Defendants' Motion for Extension of Time until 7/1/09 to respond to the Consolidated Class Action Complaint (doc. 54). Plaintiffs' response to the motion to dismiss shall be due by 9/3/09. Reply is due by: 9/14/09." (mb)
May 15, 2009	Filing 60 SUGGESTION OF DEATH Upon the Record as to Joan R. Herschede by Defendants Darryl F. Allen, John F. Barrett, James P Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchel Livingston, Hendrick G. Meijer, John J. Schiff, Jr, Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, Jr, James E. Rogers. (Attachments: #1 Exhibit A) (Langsam, Dorothea)
May 15, 2009	Notice: The following is a test to ensure that the emails associated with attorney Mary Henkel are now being properly served. Please contact xxxxx at 564-xxxx once all three have received this notification. (ss, )
May 15, 2009	Notice: The following is a test to ensure that the emails associated with attorney Dorothea Langsam are now being properly served. Please contact xxxxx at 564-xxxx once both have received this notification. (ss, )
May 14, 2009	Filing 59 NOTICE of Consent by Plaintiffs' Counsel to Unopposed Motion for Extension of Time filed by defendants. (Burke, James) Modified on 5/15/2009 (mb, ).
May 14, 2009	NOTATION ORDER granting #58 Defendants' Motion for Extension of Time until 7/1/09 to respond to the Consolidated Class Action Complaint (doc. 54). Plaintiffs' response to the motion to dismiss shall be due by 9/14/09. Signed by Judge Sandra S Beckwith on 5/14/09. (mb)
May 13, 2009	Filing 58 Unopposed MOTION for Extension of Time - new date requested 7/1/2009 - by Defendants Fifth Third Bancorp, Fifth Third Securities, Fifth Third Capital Trust VI, Fifth Third Capital Trust VII, Kevin T. Kabat, Christopher G. Marshall, Daniel T. Poston, Darryl F. Allen, John F. Barrett, Ulysses L. Bridgeman, Jr., James P. Hackett, Gary R. Heminger, Joan R. Herschede, Allen M. Hill, Robert L. Koch, II, Mitchel D. Livingston, Ph.D., Hendrick G. Meijer, James E. Rogers, George A. Schaefer, Jr., John J. Schiff, Jr., Dudley S. Taft, Banc of America Securties, LLC, Barclays Capital, Inc., Citigroup Global Markets, Inc., Credit Suisse Securities (USA) LLC, Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities, LLC and Wachovia Capital Markets, LLC. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (Burke, James) Modified to update text with correct party names on 5/14/2009 (mr1, ).
May 11, 2009	Filing 57 NOTICE of Appearance by Glenn Virgil Whitaker Defendant Darryl Allen, John F. Barrett, James P. Hackett, Gary R. Heminger, Allen M. Hill, Robert L. Koch, II, Mitchell d. Livingston, Ph.D., Hendrik G. Meijer, John J. Schiff, Jr., Dudley S. Taft, Thomas W. Traylor, Ulysses L. Bridgeman, and James E. Rogers (Whitaker, Glenn) Modified filing parties on 5/13/2009 (eh, ).
April 3, 2009	Filing 56 COMPLAINT with JURY DEMAND Consolidated Complaint - Part 3 against all defendants, filed by The Eshe Fund. (Brown, Phyllis)
April 3, 2009	Filing 55 COMPLAINT with JURY DEMAND Consolidated Complaint - Part 2 against all defendants, filed by The Eshe Fund. (Brown, Phyllis)
April 3, 2009	Filing 54 COMPLAINT with JURY DEMAND Consolidated Complaint - Part 1 against all defendants, filed by The Eshe Fund. (Brown, Phyllis)
March 5, 2009	Filing 53 ORDER denying the Eshe Fund Group's motion for reconsideration (doc. 40). Signed by Judge Sandra S Beckwith on 3/5/09. (mb)
February 24, 2009	Filing 52 ORDER granting #49 Motion for Extension until 4/3/09 to file consolidated class action complaint. Defendants' response due: 6/1/09. Response to any motion directed to the amended complaint due: 7/31/09; Reply due: 8/31/09. Signed by Judge Sandra S Beckwith on 2/24/09. (mb)
February 24, 2009	Filing 51 ORDER denying #40 Motion for Reconsideration. A memorandum of decision explaining the reasoning to follow. Signed by Judge Sandra S Beckwith on 2/24/09. (mb)
February 24, 2009	Filing 50 RESPONSE in Opposition re #49 Proposed MOTION for Extension of Time New date requested 6/1/2009. Unopposed Motion on Behalf of Co-Lead Plaintiffs for Extension of Time WIthin Which to File the Consolidated Class Action Complaint The Eshe Fund and Leon H. Loewenstine's Memorandum of Law in Opposition to Co-Lead Plaintiffs' So-Called "Unopposed" Motion for Extension of Time Within Which to File the Consolidated Class Action Complaint filed by Plaintiff The Eshe Fund. (Attachments: #1 Affidavit Declaration of The Eshe Fund by Henry H. Steiner in Opposition to the So-Called "Unopposed" Motion Made on Behalf of Co-Lead Plaintiffs for Extension of Time Within Which to File the Consolidated Class Action Complaint) (Weintraub, Robert)
February 18, 2009	Filing 49 Unopposed MOTION for Extension of Time WIthin Which to File the Consolidated Class Action Complaint by Plaintiff The Pension Trust Funds. (Attachments: #1 Memorandum in Support of Unopposed Motion, #2 Exhibit Proposed Order) (Brown, Phyllis) Modified docket text on 2/19/2009 (eh1, ).
February 9, 2009	Filing 48 REPLY to Response to Motion re #40 MOTION for Reconsideration of the Court's December 16, 2008 Order Appointing Lead Plaintiffs, to Request the Appointment of Movants as Lead Plaintiffs for the Preferred B and Preferred C Securities and for Approval of Their Selection of Lead Counsel filed by Plaintiff The Eshe Fund. (Attachments: #1 Affidavit Reply Declaration of Robert B. Weintraub in Support of Motion for Reconsideration by The Eshe Fund and Leon H. Loewenstine) (Weintraub, Robert) Modified docket text on 2/10/2009 (eh1, ).
January 26, 2009	Filing 47 RESPONSE in Opposition re #40 MOTION for Reconsideration re #39 ORDER, MOTION to Request the Appointment of Movants as Lead Plaintiffs for the Preferred B and Preferred C Securities and for Approval of Their Selection of Lead Counsel filed by Plaintiffs Edwin B Shelton, The Pension Trust Funds. (Wilens, Douglas) Modified docket text on 1/27/2009 (eh1, ).
January 20, 2009	Filing 46 ORDER granting #43 & #44 Motions for Leave for attys. Reise & Astley to Appear Pro Hac Vice as co-counsel for Co-Lead Plaintiffs The Pension Trust Fund & Edwin B. Shelton. Signed by Judge Sandra S Beckwith on 1/20/09. (mb)
January 16, 2009	Filing 45 NOTICE by Plaintiff The Eshe Fund of Withdrawal as Counsel and Substitution of Counsel (Wayne, Richard)
January 16, 2009	Filing fee for #43 and #44 Motions PHV: $ 400.00, receipt number 004156 (scot1, )
January 14, 2009	Filing 44 MOTION for Leave to Appear Pro Hac Vice of Phyllis Brown for Stephen R. Astley by Plaintiff The Pension Trust Funds. (Brown, Phyllis) Modified docket text on 1/15/2009 (eh1, ).
January 14, 2009	Filing 43 MOTION for Leave to Appear Pro Hac Vice of Phyllis Brown for Jack Reise by Plaintiff The Pension Trust Funds. (Brown, Phyllis) Modified docket text on 1/15/2009 (eh1, ).
January 12, 2009	Filing 42 AGREED ORDER: Lead plaintiffs to file consolidated class action complaint by 3/2/09. Defendants to file response by 4/30/09; If defendants file any motion directed at the consolidated complaint, co-lead plaintiffs will file their opposition by 6/29/09; defendants' reply to be filed by 7/29/09. Signed by Judge Sandra S Beckwith on 1/12/09. (mb)
January 7, 2009	Filing 41 STIPULATION and Proposed Scheduling Order by Plaintiff The Eshe Fund. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:08-cv-00421-SSB-TSB, 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH (Brown, Phyllis) Modified on 1/8/2009 (eh1, ).
January 2, 2009	Filing 40 MOTION for Reconsideration re #39 ORDER, MOTION to Request the Appointment of Movants as Lead Plaintiffs for the Preferred B and Preferred C Securities and for Approval of Their Selection of Lead Counsel and Memorandum in Support by Plaintiffs Leon H Loewenstine, The Eshe Fund. (Wayne, Richard) Modified docket text on 1/5/2009 (eh1, ).
December 16, 2008	Filing 39 ORDER granting #16 Motion to Appoint Counsel ; denying #9 Motion to Appoint Counsel. The Pension Trust Funds & Edwin B. Shelton are appointed to serve as Co-Lead Plaintiffs and their selection of Co-Lead Counsel. The Eshe Fund Group's motion for appointment as Lead Plaintiff & its selection of Lead Counsel is DENIED. Signed by Chief Judge Sandra S Beckwith on 12/16/08. Associated Cases: 1:08-cv-00487-SSB-TSH, 1:08-cv-00537-SSB-TSB, 1:08-cv-00539-SSB-TSH. (mb) Modified docket text on 12/17/2008 (eh1, ).
December 15, 2008	Filing 38 ORDER granting Motions to Consolidate Cases. Cases 1:08cv487, 1:08cv537 & 1:08cv539 are consolidated under this case number. Signed by Chief Judge Sandra S Beckwith on 12/15/08. (mb)
September 26, 2008	Filing 37 REPLY to Response to Motion re #9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support filed by Movant The Pension Trust Funds. (Attachments: #1 Exhibit The Institutional Investor Group's Notice of Withdrawal without Prejudice of Its Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel, #2 Exhibit Joint Declaration of Edwin B. Shelton and The Pension Trust Funds in Support of Their Reply to the Eshe Fund Group's Motion for Appointment as Lead Plaintiff, #3 Exhibit Heller v. Walton - Order, #4 Exhibit [Proposed] Order Consolidating the Related Actions, Appointing Mr. Shelton and the Pension Trust Funds as Co-Lead Plaintiffs and Approving Selection of Co-Lead Counsel) (Brown, Phyllis)
September 26, 2008	Filing 36 RESPONSE in Support re #9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support filed by Plaintiff The Eshe Fund. (Attachments: #1 Appendix Appendix 1 Municipal Mortgage & Equity, LLC Securities and Derivative Litigation Memorandum and Order entered 8/29/08, #2 Affidavit Reply Declaration of Robert B. Weintraub, Esq. in Support of The Eshe Fund Groups Motion for Appointment as Lead Plaintiff or, in the Alternative, the Appointment of The Eshe Fund Together With Leon H. Loewenstine as Co-Lead Plaintiffs for the Preferred B, #3 Exhibit Weintraub Declaration Exhibit 1 - EBS Compilation, #4 Exhibit Weientraub Declaration Exhibit 2 - Internet Research, #5 Exhibit Weintraub Declaration Exhibit 3 - Shelco filings, #6 Affidavit Reply Declaration of The Eshe Fund by Henry H. Steiner in Support of The Eshe Fund Groups Motion for Consolidation, Appointment as Lead Plaintiff, or in the Alternative Appointment as Lead Plaintiff for the Preferred B and Preferred C Securities, and Appr, #7 Exhibit Reply Declaration By Albert L. Coburn in Support of The Eshe Fund Groups Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Lead Counsel, #8 Exhibit Reply Declaration of Leon Loewenstine in Support of The Eshe Fund Groups Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Lead Counsel, #9 Exhibit Reply Declaration of Arnold R. Barnett in Support of The Eshe Fund Groups Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Lead Counsel, #10 Exhibit Declaration of Eugenia Gray in Support of The Eshe Fund Groups Motion for Appointment as Lead Plaintiff or, in the Alternative, the Appointment of The Eshe Fund Together With Leon H. Loewenstine, as Co-Lead Plaintiffs for the Preferred B and Preferred C S) (Wayne, Richard)
September 26, 2008	Filing 35 RESPONSE in Support re #9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support filed by Plaintiff The Eshe Fund. (Attachments: # 1 Appendix Municipal Mortgage & Equity, LLC Securities and Derivative Litigation Memorandum and Order entered 8/29/08) (Wayne, Richard)
September 26, 2008	Notice of Correction re: 35 Response in Support of Motion. PDF has been removed at the request of filing counsel. (srj1, )
September 25, 2008	Filing 34 NOTICE OF WITHDRAWAL OF DOCUMENT by Movant Institutional Investor Group re #17 MOTION to Consolidate Cases , Appoint Lead Plaintiff and MOTION to Appoint Counsel and Opposition #26 to the motions of the competing movants for lead plaintiff (Meyer, David)
September 24, 2008	Filing 33 ORDER granting #28 Joint Motion for Extension of Time until 9/26/08 to file Reply in Support of the motion for consolidation, appointment of lead plaintiff, and approval of lead counsel. Signed by Chief Judge Sandra S Beckwith on 9/24/08. (mb)
September 19, 2008	Filing 32 NOTICE of Appearance by Joseph M Callow, Jr Defendants Fifth Third Bancorp, Kevin T Kabat (Callow, Joseph)
September 19, 2008	Filing 31 NOTICE of Appearance by Jennifer J Morales Defendants Fifth Third Bancorp, Kevin T Kabat (Morales, Jennifer)
September 19, 2008	Filing 30 NOTICE of Appearance by James Eugene Burke Defendants Fifth Third Bancorp, Kevin T Kabat (Burke, James)
September 19, 2008	Filing 29 NOTICE of Appearance by Danielle Marie D'Addesa Defendants Fifth Third Bancorp, Kevin T Kabat (D'Addesa, Danielle)
September 18, 2008	Filing 28 Joint MOTION for Extension of Time to File Response/Reply New date requested 9/26/2008. by Movant The Pension Trust Funds. (Attachments: #1 Text of Proposed Order) (Rankin, Harry)
September 12, 2008	Filing 27 RESPONSE in Support re #16 MOTION to Consolidate Cases , Appoint Lead Plaintiffs and MOTION to Appoint Counsel filed by Movant The Pension Trust Funds. (Rankin, Harry)
September 12, 2008	Filing 26 RESPONSE in Support re #17 MOTION to Consolidate Cases , Appoint Lead Plaintiff and MOTION to Appoint Counsel filed by Movant Institutional Investor Group. (Attachments: #1 Exhibit) (Meyer, David)
September 12, 2008	Filing 25 RESPONSE to Motion re #10 Joint MOTION to Consolidate Cases 08-cv-487; 08-cv-539, #17 MOTION to Consolidate Cases , Appoint Lead Plaintiff and MOTION to Appoint Counsel, #16 MOTION to Consolidate Cases , Appoint Lead Plaintiffs and MOTION to Appoint Counsel, #9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support filed by Defendants Fifth Third Bancorp, Kevin T Kabat. (Attachments: #1 Exhibit A) (Burke, James)
September 11, 2008	Filing 24 ORDER granting #20 Motion for Extension of Time to Answer. Signed by Magistrate Judge Timothy S. Black on 9/11/08. (jl1, )
September 10, 2008	Filing 23 NOTICE of Appearance by Robert Alexander Pitcairn, Jr Defendant Citigroup Global Markets Incorporated (Pitcairn, Robert)
September 9, 2008	Filing 22 Reply to Response to Motion re #10 Joint MOTION to Consolidate Cases 08-cv-487; 08-cv-539, #17 MOTION to Consolidate Cases , Appoint Lead Plaintiff and MOTION to Appoint Counsel, #16 MOTION to Consolidate Cases , Appoint Lead Plaintiffs and MOTION to Appoint Counsel filed by Plaintiff The Eshe Fund. (Flynn, William) Modified docket text on 9/10/2008 (eh1, ).
September 9, 2008	Filing 21 MOTION to Appoint Counsel Memorandum of law in further support of motion for appointment as Lead Counsel and for approval of selection of lead counsel and liaison counsel, and in opposition to competing motions for appointment of lead plaintiff by Plaintiff Shelton. (Brown, Phyllis) Modified on 1/12/2009 (mb, ).
September 3, 2008	Filing 20 Unopposed MOTION for Extension of Time New date requested 11/3/2008. On Behalf of All Defendants Within Which To Answer, Plead or Otherwise Move by Defendants Fifth Third Bancorp, Kevin T Kabat. (Attachments: #1 Text of Proposed Order) (Burke, James)
August 20, 2008	Notice of Correction re: Docs 8 - #19 Motions to Consolidate, etc. Doc. 8 removed from docket due to filing error. Refiled by counsel as doc. #10 . Docs. #12 , #14 & #15 are in support of doc. #10 and should have been filed as attachments to Doc. #10 . Docs. #11 & #13 are in support of doc. #9 and should be filed as attachments to doc. #9 . Docs. #18 & #19 are in support of doc. #17 and should have been filed as attachments to #17 . Counsel advised telephonically that all documents in support of a pleading should be filed as an attachment to that pleading and not occupy its own docket entry. Clerk terminated motions as appropriate. #17 MOTION to Consolidate Cases , Appoint Lead Plaintiff and MOTION to Appoint Counsel, #9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support, #10 Joint MOTION to Consolidate Cases 08-cv-487; 08-cv-539 (eh1, )
August 19, 2008	Filing 19 Memorandum in Support re #17 MOTION to Consolidate Cases by Movant Institutional Investor Group. (Attachments: #1 Proposed Order) (Meyer, David) Modified docket text on 8/20/2008 (eh1, ).
August 19, 2008	Filing 18 AFFIDAVIT in Support re #17 MOTION to Consolidate Cases , Appoint Lead Plaintiff and MOTION to Appoint Counsel filed by Movant Institutional Investor Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Meyer, David)
August 19, 2008	Filing 17 MOTION to Consolidate Cases , Appoint Lead Plaintiff and, MOTION to Appoint Counsel. (Meyer, David)
August 19, 2008	Filing 16 MOTION to Consolidate Cases , Appoint Lead Plaintiffs and, MOTION to Appoint Counsel. (Attachments: #1 Memo of Law in Support, #2 Affidavit of Harry D. Rankin in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Text of Proposed Order) (Rankin, Harry)
August 19, 2008	Filing 15 EXHIBIT E to #12 DECLARATION of Phyllis Brown re #10 Joint MOTION to Consolidate Cases by Plaintiff Shelton. (Attachments: #1 Exhibit Exhibit F) (Brown, Phyllis) Modified docket text on 8/20/2008 (eh1, ). Modified on 1/12/2009 (mb, ).
August 19, 2008	Filing 14 EXHIBIT D to #12 DECLARATION of Phyllis Brown re #10 Joint MOTION to Consolidate Cases by Plaintiff Shelton. (Brown, Phyllis) Modified docket text on 8/20/2008 (eh1, ). Modified on 1/12/2009 (mb, ).
August 19, 2008	Filing 13 AFFIDAVIT re #9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support of the Eshe Fund by Henry H. Steiner by Plaintiff The Eshe Fund. (Flynn, William)
August 19, 2008	Filing 12 DECLARATION OF Phyllis Brown with Exhibits re #10 Joint MOTION to Consolidate Cases by Plaintiff Shelton. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Brown, Phyllis) Modified docket text on 8/20/2008 (eh1, ). Modified on 1/12/2009 (mb, ).
August 19, 2008	Filing 11 DECLARATION OF RICHARD S. WAYNE re #9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support by Plaintiff The Eshe Fund. (Attachments: #1 Exhibit Exhibit A - Sworn Certifications of Arnold R. Barnett; Albert L. Coburn; Phil Lucas; Laura Lucas; Jeremy Tal; Harry H. Steiner on Behalf of The Eshe Fund; Leon H. Loewenstine; Joel Pogolowitz POA, attorney-in-fact for Bill Schustik; and Eugenia Gray, #2 Exhibit Exhibit B - Investor purchase and loss calculation prepared by proposed lead counsel, #3 Exhibit Exhibit C - Copies of two notices of class action lawsuit filed against Fifth Third Bancorp, et al. published by Business Wire, a national business-oriented wire service, on June 20, 2008, #4 Exhibit Exhibit D - A law firm resum of Strauss & Troy, #5 Exhibit Exhibit E - A law firm resum of Wolf Haldenstein Adler Freeman & Herz LLP, #6 Exhibit, #7 Exhibit, #8 Exhibit Exhibit F - A law firm resum of The Brualdi Firm P.C.) (Flynn, William) Modified docket text on 8/20/2008 (eh1, ).
August 19, 2008	Filing 10 Joint MOTION to Consolidate Cases 08-cv-487; 08-cv-539 by Plaintiff Shelton. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order Proposed Order) (Brown, Phyllis) Modified on 1/12/2009 (mb, ). Modified on 1/12/2009 (mb, ).
August 19, 2008	Filing 9 MOTION to Consolidate Cases , Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel and Memorandum in Support by Plaintiff The Eshe Fund. (Flynn, William)
August 19, 2008	Filing 8 [FORMER DOC. 8] Proposed MOTION to Consolidate Cases 08-cv-421; 08-cv-487; 08-cv-539 by Plaintiff The Eshe Fund. (Brown, Phyllis) Modified docket text on 8/20/2008 (eh1, ).
August 15, 2008	Filing 7 ORDER OF RECUSAL. Magistrate Judge Timothy S. Hogan recused. Case reassigned to Magistrate Judge Timothy S. Black for all further referral matters in this proceeding. Signed by Magistrate Judge Timothy S. Hogan on 8/14/08. (mtw1, ) Modified docket text on 8/18/2008 (eh1, ).
August 13, 2008	Filing 6 ORDER granting #5 Motion for Leave for atty. Weintraub to Appear Pro Hac Vice as co-counsel for plaintiff. Signed by Chief Judge Sandra S Beckwith on 8/13/08. (mb)
August 13, 2008	Magistrate Judge Timothy S Hogan added. (mb, )
August 12, 2008	Filing 5 MOTION for Leave to Appear Pro Hac Vice of Robert B. Weintraub (Filing fee $ 200, receipt number 06480000000001797698) by Plaintiff The Eshe Fund. (Attachments: #1 Exhibit Certificate of Good Standing - Robert B. Weintraub) (Wayne, Richard)
June 25, 2008	Filing 4 GENERAL ORDER REFERRING CASE to Magistrate Judge Timothy S. Hogan. Signed by Chief Judge Sandra S. Beckwith. (eh1, )
June 24, 2008	Filing 3 ORDER REASSIGNING CASE. Case transferred to the Clerk of the U.S. District Court for reassignment to another district judge (reassigned to Chief Judge Sandra S Beckwith). Judge S Arthur Spiegel no longer assigned to case. Signed by Judge S Arthur Spiegel on 6/24/2008. (km1, )
June 23, 2008	Filing 2 ORDER REASSIGNING CASE. Case reassigned to the Clerk's Office for reassignment. Judge S Arthur Spiegel reassigned for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 6/23/2008. (ba1, )
June 20, 2008	Filing 1 COMPLAINT with JURY DEMAND against Fifth Third Bancorp, Kevin T. Kabat, Citigroup Global Markets, Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Morgan Stanley & Co., Inc., UBS Securities LLC, Banc of America Securities LLC and Credit Suisse Securities (USA) LLC against all defendants ( Filing fee $ 350 paid - receipt number: 06480000000001728988), filed by The Eshe Fund. (Attachments: #1 Exhibit Plaintiff's Certification Form, #2 Civil Cover Sheet) (Wayne, Richard)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System

Search for this case: The Eshe Fund v. Fifth Third Bancorp et al
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: The Eshe Fund
Represented By:	Barbara A. Podell
Represented By:	Donald John Rafferty
Represented By:	Douglas S. Wilens
Represented By:	Elizabeth A Shonson
Represented By:	Eric Lechtzin
Represented By:	Michael Richard Schmidt
Represented By:	Phyllis Elaine Brown
Represented By:	Phyllis M Parker
Represented By:	Richard Stuart Wayne
Represented By:	Robert B Weintraub
Represented By:	Shannon O. Lack Braden
Represented By:	Sherrie R. Savett
Represented By:	William Kendall Flynn
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: The Pension Trust Funds
Represented By:	Douglas S. Wilens
Represented By:	Harry David Rankin
Represented By:	Jack Reise
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Stephen R Astley
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Leon H Loewenstine
Represented By:	Donald John Rafferty
Represented By:	Elizabeth A Shonson
Represented By:	Michael Richard Schmidt
Represented By:	Phyllis M Parker
Represented By:	Richard Stuart Wayne
Represented By:	Shannon O. Lack Braden
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Raymond Shackelton
Represented By:	Donald John Rafferty
Represented By:	Michael Richard Schmidt
Represented By:	Phyllis M Parker
Represented By:	Richard Stuart Wayne
Represented By:	Shannon O. Lack Braden
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Arnold R Barnett
Represented By:	Donald John Rafferty
Represented By:	Elizabeth A Shonson
Represented By:	Michael Richard Schmidt
Represented By:	Phyllis M Parker
Represented By:	Richard Stuart Wayne
Represented By:	Shannon O. Lack Braden
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Sam McGee
Represented By:	Barbara A. Podell
Represented By:	Douglas S. Wilens
Represented By:	Elizabeth A Shonson
Represented By:	Eric Lechtzin
Represented By:	Phyllis Elaine Brown
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Sherrie R. Savett
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Edwin B Shelton
Represented By:	Douglas S. Wilens
Represented By:	Elizabeth A Shonson
Represented By:	Jack Reise
Represented By:	Phyllis Elaine Brown
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Stephen R Astley
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Local 295/Local 851 IBT Employer Group Pension Trust and Welfare Funds
Represented By:	Barbara A. Podell
Represented By:	Douglas S. Wilens
Represented By:	Elizabeth A Shonson
Represented By:	Eric Lechtzin
Represented By:	Jack Reise
Represented By:	Paul J Geller
Represented By:	Phyllis Elaine Brown
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Sherrie R. Savett
Represented By:	Stephen R Astley
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: District No. 9, I.A. of M. & A.W. Pension Trust
Represented By:	Barbara A. Podell
Represented By:	Douglas S. Wilens
Represented By:	Elizabeth A Shonson
Represented By:	Eric Lechtzin
Represented By:	Jack Reise
Represented By:	Paul J Geller
Represented By:	Phyllis Elaine Brown
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Sherrie R. Savett
Represented By:	Stephen R Astley
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Jacqueline Dinwoodie
Represented By:	Barbara A. Podell
Represented By:	Douglas S. Wilens
Represented By:	Elizabeth A Shonson
Represented By:	Eric Lechtzin
Represented By:	Jack Reise
Represented By:	Paul J Geller
Represented By:	Phyllis Elaine Brown
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Sherrie R. Savett
Represented By:	Stephen R Astley
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Jeffrey J. Wacksman
Represented By:	Barbara A. Podell
Represented By:	Douglas S. Wilens
Represented By:	Elizabeth A Shonson
Represented By:	Eric Lechtzin
Represented By:	Jack Reise
Represented By:	Paul J Geller
Represented By:	Phyllis Elaine Brown
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Sherrie R. Savett
Represented By:	Stephen R Astley
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: John Levin
Represented By:	Elizabeth A Shonson
Represented By:	Lynn D Pundzak
Represented By:	Phyllis M Parker
Represented By:	Shannon O. Lack Braden
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: John Dudenhoefer
Represented By:	Edward W Ciolko
Represented By:	James A Maro
Represented By:	Joseph H Meltzer
Represented By:	Julie Siebert-Johnson
Represented By:	Mark K. Gyandoh
Represented By:	Peter J LeVan, Jr
Represented By:	Ronald Richard Parry
Represented By:	Shannon O. Lack Braden
Represented By:	Thomas J. McKenna
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Alireza Partovipanah
Represented By:	Edward W Ciolko
Represented By:	James A Maro
Represented By:	Joseph H Meltzer
Represented By:	Julie Siebert-Johnson
Represented By:	Mark K. Gyandoh
Represented By:	Peter J LeVan, Jr
Represented By:	Ronald Richard Parry
Represented By:	Shannon O. Lack Braden
Represented By:	Thomas J. McKenna
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Intervenor plaintiff: Board of Governors of the Federal Reserve System
Represented By:	Yvonnne Facchina Mizusawa
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Intervenor plaintiff: Superintendent Charles J. Dolezal
Represented By:	William J Cole
Represented By:	Jason R Evans
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Intervenor plaintiff: Michigan Office of Financial and Insurance Regulation
Represented By:	Jason R Evans
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Fifth Third Bancorp
Represented By:	David Thomas Bules
Represented By:	James Eugene Burke, III
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	Danielle Marie D'Addesa
Represented By:	Jennifer J Morales
Represented By:	Joseph M Callow, Jr
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Kevin T Kabat
Represented By:	David Thomas Bules
Represented By:	James Eugene Burke, III
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	Danielle Marie D'Addesa
Represented By:	Jennifer J Morales
Represented By:	Joseph M Callow, Jr
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Citigroup Global Markets Incorporated
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Robert Alexander Pitcairn, Jr
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Merrill Lynch Pierce Fenner & Smith Incorporated
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Robert Alexander Pitcairn, Jr
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Morgan Stanley & Co. Incorporated
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Robert Alexander Pitcairn, Jr
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: UBS Securities LLC
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Robert Alexander Pitcairn, Jr
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Banc of America Securities LLC
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Robert Alexander Pitcairn, Jr
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Credit Suisse Securities (USA) LLC
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Robert Alexander Pitcairn, Jr
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Fifth Third Securities
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Robert Alexander Pitcairn, Jr
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Fifth Third Capital Trust VI
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Fifth Third Capital Trust VII
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Christopher G. Marshall
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Daniel G. Poston
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Joan R Herschede
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: George A Schaefer, Jr
Represented By:	Glenn Virgil Whitaker
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Barclays Capital Inc.
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Phyllis Elaine Brown
Represented By:	Robert Alexander Pitcairn, Jr
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Wachovia Capital Markets, LLC
Represented By:	Adam Hakki
Represented By:	Daniel Craig Lewis
Represented By:	Herbert S Washer
Represented By:	Joseph M Callow, Jr
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Robert Alexander Pitcairn, Jr
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Darryl F. Allen
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: John F. Barrett
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: James P Hackett
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Gary R. Heminger
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Allen M. Hill
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Robert L. Koch, II
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Mitchel Livingston
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Hendrick G. Meijer
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: John J. Schiff, Jr.
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Dudley S. Taft
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Thomas W. Traylor
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Ulysses L. Bridgeman, Jr.
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Represented By:	Phyllis Elaine Brown
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: James E. Rogers
Represented By:	Dorothea K Langsam
Represented By:	Glenn Virgil Whitaker
Represented By:	Joseph M Callow, Jr
Represented By:	Mary C Henkel
Represented By:	Phyllis Elaine Brown
Represented By:	Anthony Michael Verticchio
Represented By:	James Eugene Burke, III
Represented By:	Jennifer J Morales
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Institutional Investor Group
Represented By:	Phyllis Elaine Brown
Represented By:	David P Meyer
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?