Smilovits v. First Solar Incorporated et al
Court Docket Sheet

2:2012-cv-00555 (azd)

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Description
1
03/15/2012
COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-6523903, filed by Mark Smilovits (submitted by Susan Martin).
1
Exhibit
2
Exhibit
3
Civil Cover Sheet)(REK
3 Attachments
2
03/15/2012
SUMMONS Submitted by Mark Smilovits (submitted by Susan Martin).
1
Summons
2
Summons
3
Summons
4
Summons
5
Summons)(REK
5 Attachments
3
03/15/2012
Filing fee paid, receipt number PHX 0970-6523903. This case has been assigned to the Honorable David G. Campbell. All future pleadings or documents should bear the correct case number: CV 12-00555-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
4
03/15/2012
Summons Issued as to Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
1
Summons
2
Summons
3
Summons
4
Summons
5
Summons)(REK
5 Attachments
5
04/03/2012
*SUMMONS Returned Executed by Mark Smilovits. First Solar Incorporated served on 4/2/2012. *Modified to reflect document submitted without the case caption on 4/3/2012
6
04/03/2012
*SUMMONS Returned Executed by Mark Smilovits. Mark R Widmar served on 4/2/2012. *Modified to reflect case caption omitted from document on 4/3/2012
7
04/03/2012
SUMMONS Returned Executed by Mark Smilovits. Michael J Ahearn served on 4/2/2012.
8
04/03/2012
MOTION for Admission Pro Hac Vice as to attorney Patrick V Dahlstrom on behalf of Mark Smilovits.
04/03/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX210569 as to Patrick V Dahlstrom. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
9
04/03/2012
ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
10
04/05/2012
MOTION for Admission Pro Hac Vice as to attorney Jeremy A. Lieberman by Mark Smilovits.
1
Certificate of Good Standing
1 Attachment
04/05/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX120653 as to Jeremy A Lieberman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
11
04/05/2012
ORDER pursuant to General Order 09-08 granting 10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
12
04/12/2012
MOTION for Admission Pro Hac Vice as to attorney Jordan Eth on behalf of First Solar Incorporated.
04/12/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX120955 as to Jordan Eth. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
13
04/12/2012
MOTION for Admission Pro Hac Vice as to attorney Anna Erickson White on behalf of First Solar Incorporated.
04/12/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX120954 as to Anna Erickson White. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
14
04/12/2012
ORDER pursuant to General Order 09-08 granting 12 Motion for Admission Pro Hac Vice; granting 13 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
15
04/27/2012
*NOTICE of Appearance by Anna Erickson White and Jordan Eth on behalf of Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. *Modified to add additional attorney to docket text on 4/30/2012
16
04/27/2012
NOTICE of Appearance by Maureen Beyers on behalf of Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
17
04/27/2012
Corporate Disclosure Statement by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
18
04/27/2012
*STIPULATION for Extension of Time to Answer the Complaint Re Deadlines by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
1
Text of Proposed Order) *Modified to correct event type on 4/30/2012 (TLJ
1 Attachment
05/01/2012
Remark as to out of state counsel Marc I Gross and Peretz Bronstein - removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
19
05/01/2012
ORDER pursuant to 18 Stipulation: Defendants' counsel will accept service of the complaint on behalf of all Defendants; Defendants will not be required to answer or otherwise respond to the complaint previously filed in this action; the parties shall meet and confer about the timing to file an amended complaint and responses thereto within 7 days of the order appointing lead counsel; motions for appointment as lead counsel due on or before 5/15/2012. Signed by Judge David G Campbell on 5/1/2012.
20
05/15/2012
MOTION to Reassign Case (Motion to Transfer Related Cases) by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
1
Exhibit A
2
Exhibit B
2 Attachments
21
05/15/2012
MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof by Mark Smilovits.
1
Text of Proposed Order Proposed Order Appointing Retirement Funds Group as Lead Plaintiff and Approving Its Choice of Lead and Liaison Counsel
1 Attachment
22
05/15/2012
DECLARATION of Joseph P. Guglielmo in Support of Motion of the Retirement Funds Group for Appointment as Lead Plaintiff and for Approval of Its Selection of Lead Counsel re 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof by Plaintiff Mark Smilovits.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
6 Attachments
23
05/15/2012
MOTION to Appoint Lead Plaintiff and Lead Counsel, MOTION to Appoint Counsel by Mark Smilovits, Raymond W O'Brien, George Conway, Vikean Ltd.
1
Text of Proposed Order
1 Attachment
24
05/15/2012
DECLARATION of Jeremy A. Lieberman In Support of Conway's, O'Brien's, Smilovits' and Vikean Ltd.'s (the "First Solar Investors Group") motion to be appointed Leead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by George Conway, Raymond W O'Brien, Mark Smilovits, Vikean Ltd.
1
Exhibit A, Press Releases
2
Exhibit B, Certifications
3
Exhibit C, Joint Declaration
4
Exhibit D, chart
5
Exhibit E, Pomerantz Haudek Grossman & Gross firm resume
6
Exhibit F, Martin & Bonnett firm resume
6 Attachments
25
05/15/2012
MOTION for Admission Pro Hac Vice as to attorney Stephen R. Basser by Oakland County Employees Retirement System, Louisiana Municipal Police Employees Retirement System, Wiltshire Pension Fund, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H.
26
05/15/2012
MOTION for Admission Pro Hac Vice as to attorney Samuel M. Ward by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund.
27
05/15/2012
MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund.
1
Text of Proposed Order
1 Attachment
28
05/15/2012
DECLARATION of Samuel M. Ward re 27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof filed by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund.
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
10 Attachments
29
05/15/2012
Additional Attachments to Main Document re 28 Declaration, by Movants Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund.
1
Exhibit 11
2
Exhibit 12
2 Attachments
30
05/15/2012
CERTIFICATE OF SERVICE by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund re 27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, 25 MOTION for Admission Pro Hac Vice as to attorney Stephen R. Basser, 26 MOTION for Admission Pro Hac Vice as to attorney Samuel M. Ward, 29 Additional Attachments to Main Document, 28 Declaration
31
05/15/2012
MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel by Johnny Hyldmar.
1
Text of Proposed Order
1 Attachment
32
05/15/2012
DECLARATION of Gregory M. Monaco In Support Of Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel by Plaintiff Johnny Hyldmar.
1
Exhibit
2
Exhibit
3
Exhibit
4
Exhibit
5
Exhibit
5 Attachments
33
05/15/2012
MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by New York State Teachers' Retirement System ("NYSTRS").
1
Text of Proposed Order
1 Attachment
34
05/15/2012
*MOTION Appointment as Lead Plaintiff Motion of Wayne County Employees' Retirement System for Appointment as Lead Plaintiff, and Approval of its Selection of Counsel by Wayne County Employees' Retirement System.
1
Exhibit Declaration
2
Exhibit Exhibits A-C to Declaration
3
Exhibit Exhibit D to Declaration
4
Exhibit Order) *Modified to correct Motion type on 5/16/2012 (LFIG
4 Attachments
35
05/15/2012
DECLARATION of J. JAMES CHRISTIAN re 33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by Movant New York State Teachers' Retirement System ("NYSTRS").
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
6 Attachments
36
05/15/2012
*MOTION to Appoint as Lead Plaintiff Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Motion for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme.
1
Text of Proposed Order) *Modified to correct Motion type on 5/16/2012 (LFIG
1 Attachment
37
05/15/2012
MEMORANDUM in Support of 36 MOTION to Appoint Counsel Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Motion for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel by Movants British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 1 (with Exhibit Index)
2
Exhibit 2
3
Exhibit 3
3 Attachments
38
05/16/2012
NOTICE of Errata re 34 MOTION Appointment as Lead Plaintiff Motion of Wayne County Employees' Retirement System for Appointment as Lead Plaintiff, and Approval of its Selection of Counsel by Movant Wayne County Employees' Retirement System.
1
Declaration of Edward M. Varga
2
Exhibit Exhibits A - C of Declaration
3
Exhibit Exhibit D of Declaration
3 Attachments
05/16/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX122104 as to Samuel M Ward. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
05/16/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX122105 as to Stephen Richard Basser. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
39
05/16/2012
ORDER pursuant to General Order 09-08 granting 25 Motion for Admission Pro Hac Vice; granting 26 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
40
05/21/2012
MOTION for Admission Pro Hac Vice as to attorney Salvatore J Graziano on behalf of New York State Teachers' Retirement System.
05/21/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX122245 as to Salvatore J Graziano. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
41
05/21/2012
ORDER pursuant to General Order 09-08 granting 40 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
42
05/23/2012
RESPONSE to Motion re 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, 36 MOTION to Appoint, 23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel, 31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, 34 MOTION to Appoint, 33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Erste-Sparinvest Kapitalanlagegesellschaft mbH, Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund.
43
05/29/2012
MOTION to Reassign Case (Motion to Transfer Related Case) by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
1
Exhibit A
2
Text of Proposed Order
2 Attachments
44
05/29/2012
RESPONSE in Opposition re 20 MOTION to Reassign Case (Motion to Transfer Related Cases) filed by Britt Nederhood.
1
Affidavit Declaration of Keith Cochran
2
Exhibit Exhibit 1 to Cochran Declaration
3
Exhibit Exhbit 2 to Cochran Declaration
3 Attachments
45
05/29/2012
Joinder re 44 Response in Opposition to Motion, 20 MOTION to Reassign Case (Motion to Transfer Related Cases) Clifford Tindall's Joinder in Support of Plaintiff Britt Nederhood's Opposition to Defendants' Motion to Transfer by Interested Party Clifford Tindall filed by Clifford Tindall.
46
05/31/2012
MOTION for Admission Pro Hac Vice as to attorney Daniel S. Drosman by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
47
06/01/2012
RESPONSE to Motion re 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof filed by Mark Smilovits.
48
06/01/2012
Joinder re 44 Response in Opposition to Motion, 20 MOTION to Reassign Case (Motion to Transfer Related Cases) [Plaintiff Kathleen Morris' Joinder in Support of Plaintiff Britt Nederhood's Opposition to Defendants' Motion to Transfer Under Local Rule 42.1(a)] by Interested Party Kathleen Morris. (Sams, Ex Kano)
49
06/01/2012
RESPONSE to Motion re 23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel filed by George Conway, Raymond W O'Brien, Mark Smilovits, Vikean Limited.
50
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney RICHARD W. GONNELLO by Mark Smilovits.
51
06/01/2012
RESPONSE to Motion re 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, 27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, 36 MOTION to Appoint, 23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel, 34 MOTION to Appoint, 33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL Johnny Hyldmar's Response to Competing Motions for Appointment as Lead Plaintiff filed by Johnny Hyldmar.
52
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Edward M Varga III on behalf of Wayne County Employees' Retirement System.
06/01/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX122651 as to Edward M Varga, III. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
53
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Ira M Press on behalf of Wayne County Employees' Retirement System.
06/01/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX122652 as to Ira Michael Press. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
54
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Peter S Linden on behalf of Wayne County Employees' Retirement System.
06/01/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX122653 as to Peter S Linden. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
55
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Luke Brooks on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
56
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Michael Dowd on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
57
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Jason A Forge on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
58
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Danielle S Myers on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
59
06/01/2012
MOTION for Admission Pro Hac Vice as to attorney Mark Solomon on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
06/01/2012
PRO HAC VICE FEE PAID. $ 300, receipt number PHX122654 as to Daniel S Drosman, Mark Solomon, Danielle S Myers, Jason A Forge, Michael J Dowd, Luke Brooks. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
60
06/01/2012
ORDER pursuant to General Order 09-08 granting 52 Motion for Admission Pro Hac Vice; granting 53 Motion for Admission Pro Hac Vice; granting 54 Motion for Admission Pro Hac Vice; granting 55 Motion for Admission Pro Hac Vice; granting 56 Motion for Admission Pro Hac Vice; granting 57 Motion for Admission Pro Hac Vice; granting 58 Motion for Admission Pro Hac Vice; granting 59 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
61
06/01/2012
MOTION to Reassign Case (Motion to Transfer Related Case) by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
1
Exhibit A
2
Text of Proposed Order
2 Attachments
62
06/01/2012
RESPONSE to Motion re 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, 27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, 36 MOTION to Appoint, 23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel, 31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, 34 MOTION to Appoint, 33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
63
06/01/2012
RESPONSE in Opposition re 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, 27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, 31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, 34 MOTION to Appoint, 33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL, 23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel, 36 MOTION to Appoint Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Memorandum of Law in Opposition to Competing Motions for Appointment as Lead Plaintiff filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
64
06/01/2012
RESPONSE in Opposition re 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, 27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, 36 MOTION to Appoint, 23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel, 31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, 34 MOTION to Appoint Memorandum of Law in Opposition to the Competing Motions for Appointment of Lead Plaintiffs and in Further Support of the Motion of the New York State Teachers' Retirement System for its Appointment as Lead Plaintiff filed by New York State Teachers' Retirement System.
65
06/02/2012
DECLARATION of J. James Christian in Support of the Memorandum of Law in Opposition to the Competing Motions for Appointment of Lead Plaintiffs and in Further Support of the Motion of The New York State Teachers' Retirement System for Its Appointment as Lead Plaintiff re 64 Response in Opposition to Motion, by Movant New York State Teachers' Retirement System.
1
Exhibit A-D
2
Exhibit E-L
2 Attachments
66
06/02/2012
DECLARATION of Wayne Schneider in Further Support of the Motion of The New York State Teachers' Retirement System for Appointment as Lead Plaintiff and Approval of Its Selection of Counsel as Lead Counsel for the Class re 64 Response in Opposition to Motion, by Movant New York State Teachers' Retirement System.
06/04/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX122685 as to Richard W Gonnello. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
67
06/04/2012
ORDER pursuant to General Order 09-08 granting 46 Motion for Admission Pro Hac Vice; granting 50 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
68
06/08/2012
REPLY re 34 MOTION to Appoint as Lead Plaintiff. Reply of Wayne County Employees' Retirement System for Appointment as Lead Plaintiff, and Approval of Its Selection of Counsel by Movant Wayne County Employees' Retirement System.
69
06/08/2012
REPLY to Response to Motion re 20 MOTION to Reassign Case (Motion to Transfer Related Cases) filed by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
1
Exhibit A
2
Text of Proposed Order
2 Attachments
70
06/11/2012
*REPLY MEMORANDUM (Reply to Response to Motion) Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Reply Memorandum of Law in Further Support of Their Motion for Appointment as Lead Plaintiff 36 and in Response to Defendants' Response to Motions for Appointment of Lead Plaintiff and Lead Plaintiff's Counsel 62 Response to Motion, by Movants British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit A
2
Exhibit B) *Modified to correct event type and to link to document on 6/12/2012 (TLJ
2 Attachments
71
06/11/2012
REPLY to Response to Motion re 36 MOTION to Appoint Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Reply Memorandum of Law in Further Support of Their Motion for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
10 Attachments
72
06/11/2012
REPLY to Response to Motion re 33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by New York State Teachers' Retirement System.
73
06/11/2012
*DECLARATION of Gerard C. Lane re 71 Reply to Response to Motion re 36 Declaration of Gerard C. Lane in Further Support of the Mineworkers' Pension Scheme's and British Coal Staff Superannuation Scheme's Motion for Appointment as Lead Plaintiff by Movants British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit A
2
Exhibit B
3
Exhibit C) *Modified to add document on 6/12/2012 (TLJ
3 Attachments
74
06/11/2012
DECLARATION of J. James Christian in Support of the Reply Memorandum of Law re 72 Reply to Response to Motion by Movant New York State Teachers' Retirement System.
1
Exhibit A-C
1 Attachment
75
06/18/2012
RESPONSE in Opposition re 61 MOTION to Reassign Case (Motion to Transfer Related Case) filed by Eng Kwang Tan.
1
Declaration of Keith M. Cochran
2
Exhibit 1 to Declaration of Keith M. Cochran
3
Exhibit 2 to Declaration of Keith M. Cochran
3 Attachments
76
06/20/2012
ORDER, Hearing set as to all motions to Appoint Counsel as Lead Plaintiff. Motion Hearing set for 7/17/2012 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 6/20/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
77
06/28/2012
REPLY to Response to Motion re 61 MOTION to Reassign Case (Motion to Transfer Related Case) Defendants' Reply in Support of Motion to Transfer filed by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu, James F Nolan, Michael Sweeney, J Thomas Presby, Paul H Stebbins, Craig Kennedy, Jose H Villarreal, William J Post.
78
07/09/2012
MOTION for Admission Pro Hac Vice as to attorney Kathryn B Allen on behalf of Wayne County Employees' Retirement System.
07/09/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX123861 as to Kathryn B Allen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
79
07/09/2012
ORDER pursuant to General Order 09-08 granting 78 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
80
07/11/2012
NOTICE of Appearance by Jeffrey Dale Gardner on behalf of Wayne County Employees' Retirement System.
81
07/12/2012
MOTION for Admission Pro Hac Vice as to attorney Darren J. Robbins by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
82
07/12/2012
NOTICE re Waiver of Appearance by Johnny Hyldmar.
07/13/2012
PRO HAC VICE FEE PAID. $ 50, receipt number PHX124053 as to Darren J Robbins. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
83
07/13/2012
ORDER pursuant to General Order 09-08 granting 81 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
84
07/17/2012
Minute Entry. Proceedings held before Judge David G Campbell: Appearances: Darren Robbins, Mark Solomon, Andrew Friedman for British Coal Staff Superannuation Scheme and Mine Workers Pension; Kathryn Allen, Jeffrey Gardner for Wayne County Employee's Retirement System; James Christian, Richard Himelrick, Salvatore Graziano, Client Rep Joseph Indelicato for New York State Teacher's Retirement System; Maureen Beyers and Jordan Eth for defendants Motion Hearing held on 7/17/2012. ORDERED taking under advisement 23 Motion to Appoint Lead counsel. ; taking under advisement 23 Motion to Appoint Counsel ; taking under advisement 27 Motion to Appoint Counsel ; taking under advisement 31 Motion to Appoint Lead counsel ; taking under advisement 33 Motion to Appoint Lead counsel ; taking under advisement 34 Motion to Appoint Lead counsel ; taking under advisement 36 Motion to Appoint Lead counsel ; taking under advisement 21 Motion to Appoint Counsel. Court will issue an order on the motions to appoint and the motions to transfer related cases. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
85
07/18/2012
ORDER Defendants motions to transfer (Docs. 20 43, 61) are granted. The following cases are transferred to the undersigned judge: 12-CV-00769-PHX-ROS, 12-CV-00819-PHX-JWS, 12-CV-01031-PHX-JAT, 12- CV-01144-PHX-NVW. The Clerk shall file a copy of this order in each of the transferred cases. The Court will hold a case management conference on August 7, 2012 at 3:00 PM as set forth above. Signed by Judge David G Campbell on 7/17/12.
86
07/19/2012
Additional Attachment to Main Document re 85 Order on Motion to Reassign Case.
87
07/20/2012
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 07/17/2012 before Judge Campbell.
88
07/20/2012
TRANSCRIPT REQUEST by New York State Teachers' Retirement System for proceedings held on 07/17/2012 before Judge Campbell.
89
07/23/2012
ORDER denying 23 Motion to Appoint; denying 23 Motion to Appoint Counsel; denying 27 Motion to Appoint Counsel; denying 31 Motion to Appoint; denying 33 Motion to Appoint; denying 34 Motion to Appoint; granting 36 Motion to Appoint; denying 21 Motion to Appoint Counsel. Lead plaintiff shall file an amended complaint on or before 8/17/2012; Defendants may file a motion to dismiss on or before 9/14/2012. Signed by Judge David G Campbell on 7/23/2012.
90
07/27/2012
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 7/17/2012, before Judge David G. Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012.
91
07/30/2012
TRANSCRIPT REQUEST by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Craig Kennedy, Jens Meyerhoff, James F Nolan, William J Post, J Thomas Presby, Paul H Stebbins, Michael Sweeney, Jose H Villarreal, Mark R Widmar, James Zhu for proceedings held on July 17, 2012 before Judge Campbell.
92
08/17/2012
NOTICE re Joint Submission Regarding Cost Saving Measures Pursuant to the Court's July 23, 2012 Order by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu re 89 Order on Motion to Appoint Counsel.
93
08/17/2012
AMENDED COMPLAINT First Amended Complaint For Violation of the Federal Securities Laws against All Defendants, filed by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme.
1
Exhibit A - Chart of insider sales
1 Attachment
94
08/17/2012
SUMMONS Submitted by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Summons
1 Attachment
95
08/20/2012
Summons Issued as to David Eaglesham, Bruce Sohn. *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
1
Summons)(REW
1 Attachment
96
08/27/2012
ORDER. The parties have filed a notice that they have been unable to agree on any of the cost saving measures suggested by the Court. Doc. 92. That result is not acceptable. Most of the proposed measures are neither difficult nor controversial. The parties shall confer again and agree upon reasonable cost saving measures, or modifications of the measures, by September 7, 2012. Signed by Judge David G Campbell on 8-27-12. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
97
08/28/2012
NOTICE of Change of Address by Andrew S Friedman.
98
09/07/2012
NOTICE re Joint Submission Regarding Cost Saving Measures Pursuant to the Court's August 27, 2012 Order by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu re 96 Order.
1
Exhibit 1
1 Attachment
99
09/11/2012
WITHDRAWN by (doc. 119) MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order) Modified on 1/22/2013 (TLJ
1 Attachment
100
09/11/2012
MEMORANDUM of Points and Authorities in Support of 99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
101
09/11/2012
AFFIDAVIT in Support re 99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements Declaration of Jason A. Forge filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 1 - Letter to Gillen
2
Exhibit 2 - sample agreement
3
Exhibit 3 - meet and confer Forge email
4
Exhibit 4 - 2011 10-K excerpt
5
Exhibit 5 - Declaration of Georgette Gillen
6
Exhibit 6 - Declaration of Ken Keatly
6 Attachments
102
09/14/2012
MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
103
09/14/2012
DECLARATION of Anna Erickson White in Support of re 102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
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
10 Attachments
104
09/14/2012
*REQUEST for Judicial Notice re 102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and 103 Declaration by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order) *Modified to correct event type and to link to document on 9/17/2012 (TLJ
1 Attachment
105
09/27/2012
MOTION to Withdraw as Counsel of Record by Johnny Hyldmar.
106
09/28/2012
RESPONSE in Opposition re 99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order
1 Attachment
107
09/28/2012
DECLARATION of Anna Erickson White re 106 Response in Opposition to Motion, to Limit Confidentiality Agreements filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit 1
1 Attachment
108
10/01/2012
ORDER granting 105 Motion to Withdraw and the law firm of Mack Drucker & Watson, P.L.C., shall be relieved of any further responsibility as counsel of record for Johnny Hyldmar in this matter. Signed by Judge David G Campbell on 10/1/12.
109
10/01/2012
RESPONSE in Opposition re 102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
110
10/02/2012
WAIVER OF SERVICE Returned Executed by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme. David Eaglesham waiver sent on 8/23/2012.
111
10/02/2012
WAIVER OF SERVICE Returned Executed by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme. Bruce Sohn waiver sent on 8/23/2012.
112
10/09/2012
REPLY to Response to Motion re 99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
113
10/12/2012
REPLY to Response to Motion re 102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Supplemental Declaration of Anna Erickson White
2
Exhibit 1
3
Supplemental Request for Judicial Notice
4
Text of Proposed Order
4 Attachments
114
12/17/2012
ORDER denying without prejudice 99 Plaintiff's Motion to Limit Confidentiality agreements ; denying 102 Defendants' Motion to Dismiss. The Court will hold a case management conference on 1/30/13 at 4:00 PM Signed by Judge David G Campbell on 12/17/12.
115
12/17/2012
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE for 1/30/2013 at 04:00 PM before Judge David G Campbell. The Clerk of the Court shall send copies of this order to all counsel of record and to any unrepresented parties Signed by Judge David G Campbell on 12/17/12.
116
01/02/2013
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT.
1
Text of Proposed Order
1 Attachment
117
01/08/2013
ORDER pursuant to 116 Stipulation For Extension of Time To Answer Complaint : All Defendants answer to amended complaint due 1/29/2013. Signed by Judge David G Campbell on 1/8/2013.
118
01/17/2013
STIPULATION Regarding Agreement Resolving Motion to Limit Confidentiality Agreements by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order
1 Attachment
119
01/22/2013
ORDER APPROVING STIPULATION REGARDING AGREEMENT RESOLVING MOTION TO LIMIT CONFIDENTIALITY AGREEMENTS RE 118 Stipulation and Plaintiffs' Motion to Limit Confidentiality Agreements is deemed withdrawn re 99. Signed by Judge David G Campbell on 1/22/13.
120
01/23/2013
REPORT of Rule 26(f) Planning Meeting by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
121
01/28/2013
MOTION for Admission Pro Hac Vice as to attorney Christopher Dennis Stewart on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
01/29/2013
PRO HAC VICE FEE PAID. $ 50, receipt number PHX130462 as to Christopher Dennis Stewart. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
122
01/29/2013
ORDER pursuant to General Order 09-08 granting 121 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
123
01/29/2013
First Solar, Inc.'s ANSWER to 93 Amended Complaint, with Jury Demand by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
124
02/04/2013
ORDER. Rule 16 Case Management Conference RESET to 2/26/2013 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 2/4/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
125
02/26/2013
IT IS ORDERED the Rule 16 Case Management Conference presently set for 2/26/2013 at 4:30 PM is RESET AS TO TIME ONLY!!. Rule 16 Case Management Conference RESET for 2/26/2013 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Ordered by Judge David G Campbell. (NVO)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
126
02/26/2013
MOTION for Admission Pro Hac Vice as to attorney Philip T Besirof on behalf of First Solar Incorporated.
02/26/2013
PRO HAC VICE FEE PAID. $ 50, receipt number PHX131441 as to Philip T Besirof. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
127
02/26/2013
ORDER pursuant to General Order 09-08 granting 126 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
128
02/26/2013
Minute Entry for proceedings held before Judge David G Campbell: Scheduling Conference re:class certification held on 2/26/2013.Discussion held. Deadlines discussed. Court will enter a scheduling order as to class certification. A second case managment conference to be set after decision on class certification. APPEARANCES: Jason Forge,Kevin Hanger, Mark Solomon for Plaintiffs. Jordan Eth adn Maureen Beyers for Defendants (Court Reporter Patricia Lyons.) Hearing held 3:31 PM to 3:56 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
129
02/27/2013
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 02/26/2013 before Judge David G. Campbell.
130
02/28/2013
TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 02/26/2013 before Judge David G. Campbell.
131
03/04/2013
CASE MANAGEMENT ORDER: Class Certification Discovery due by 5/3/2013. Plaintiff motion for class certification due 5/17/13; Response due 6/7/13; Reply 6/21/13; Class Certificaiton Hearing set for 7/2/2013 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 3/1/2013. (see order for additional deadlines)
132
03/06/2013
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 2/26/2013, before Judge David G. Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/27/2013. Redacted Transcript Deadline set for 4/8/2013. Release of Transcript Restriction set for 6/4/2013.
133
03/19/2013
NOTICE re Service of Discovery by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
134
03/21/2013
NOTICE re Service of Discovery by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
135
03/22/2013
NOTICE re Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
136
04/01/2013
NOTICE of Deposition of Lead Plaintiff British Coal Staff Superannuation Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
137
04/01/2013
NOTICE of Deposition of Lead Plaintiff Mineworkers' Pension Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
138
04/12/2013
STIPULATION to Modify Class Certification Discovery Schedule by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order
1 Attachment
139
04/17/2013
*ORDER pursuant to 138 Stipulation: Class Certification Hearing set for 7/2/2013 at 2:00 PM is VACATED and RESET for 8/2/2013 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Class Certification Discovery due by 6/14/13. Signed by Judge David G Campbell on 4/17/2013. (NVO) *Modified to add discovery deadline on 4/18/2013
140
04/17/2013
NOTICE re Notice of Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
141
04/19/2013
STIPULATION Regarding Expert Discovery Protocol by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order
1 Attachment
142
04/22/2013
ORDER granting 141 Stipulation re expert discovery protocol. Signed by Judge David G Campbell on 4/22/2013.
143
04/24/2013
NOTICE re Service of Discovery by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
144
04/25/2013
NOTICE re of Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
145
05/02/2013
NOTICE of Deposition of Baillie Gifford & Co., filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar.
1
Exhibit A
1 Attachment
146
05/02/2013
NOTICE of Deposition of Lead Plaintiff British Coal Staff Superannuation Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
147
05/02/2013
NOTICE of Deposition of Lead Plaintiff Mineworkers' Pension Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu.
148
05/31/2013
NOTICE re of Withdrawal of Counsel by Wayne County Employees' Retirement System.
149
06/04/2013
MOTION for Admission Pro Hac Vice as to attorney Eugene G Illovsky on behalf of First Solar Incorporated.
06/04/2013
PRO HAC VICE FEE PAID. $ 50, receipt number PHX134645 as to Eugene G Illovsky. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
150
06/04/2013
ORDER pursuant to General Order 09-08 granting 149 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
151
06/05/2013
NOTICE re Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
152
06/05/2013
WITHDRAWN by (doc. 153) NOTICE of Deposition of Bjorn I. Steinholt, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. Modified on 6/13/2013
153
06/12/2013
NOTICE re CANCELLATION OF DEPOSITION AND WITHDRAWAL OF NOTICE OF DEPOSITION OF BJORN I. STEINHOLT by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu re 152 Notice of Deposition of Bjorn I. Steinholt.
154
06/21/2013
MOTION to Seal Document Motion to File Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification Under Seal by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order
1 Attachment
155
06/21/2013
*Filed at Doc. 160 *ODGED Proposed Lead Plaintiffs' Memorandum in Support of Class Certification, Exs. 1, 4-5 re: 154 MOTION to Seal Document Motion to File Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification Under Seal. Document to be filed by Clerk if Motion to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 1 - Interrogatory response
2
Exhibit 4 - McCormick depo excerpts
3
Exhibit 5 - Urquhart depo excerpts) *Modified on 7/1/2013 (MAP
3 Attachments
156
06/21/2013
MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order
1 Attachment
157
06/21/2013
MEMORANDUM Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification [Redacted Version] 156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
158
06/21/2013
AFFIDAVIT in Support re 156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification Declaration of Jason A. Forge in Support of Lead Plaintiffs' Motion for Class Certification filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 1 - Interrogatory response [Under Seal]
2
Exhibit 2 - Steinholt Declaration
3
Exhibit 3 - RFA response
4
Exhibit 4 - McCormick depo excerpt [Under Seal]
5
Exhibit 5 - Urquhart depo excerpt [Under Seal]
6
Exhibit 6- Gompers depo excerpt
7
Exhibit 7 - Gompers Declaration
7 Attachments
159
07/01/2013
ORDER granting 154 Motion to Seal Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification. Signed by Judge David G Campbell on 7/1/13.
160
07/01/2013
Sealed Memorandum in Support of 156 Motion filed by British Coal Staff Superannuation Scheme.
1
Exhibit 1
2
Exhibit 4
3
Exhibit 5)(MAP
3 Attachments
161
07/12/2013
RESPONSE in Opposition re 156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order
1 Attachment
162
07/12/2013
DECLARATION of Philip T. Besirof re 161 Response in Opposition to Motion, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit 1
2
Exhibit 2-1
3
Exhibit 2-1
4
Exhibit 2-3
5
Exhibit 3
6
Exhibit 4
7
Exhibit 5
7 Attachments
163
07/18/2013
ORDER re 139 Order on Stipulation. Set/Reset Deadlines/Hearings, DUE TO A CONFLICT IN THE COURT'S CALENDAR, The Class Certification Hearing set for 8/2/2013 at 2:00 PM is VACATED and RESET to 8/15/2013 at 09:30 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 7/18/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
164
07/22/2013
REPLY to Response to Motion re 156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
165
07/22/2013
DECLARATION of Jason A. Forge in Support of Lead Plaintiffs' Motion for Class Certification re 164 Reply to Response to Motion, 156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 1 - Excerpts from Paul Gompers Deposition
1 Attachment
166
08/08/2013
ORDER, Hearing set as to 156 MOTION to Certify Class: Motion Hearing set for 8/15/2013 at 9:30 AM is VACATED and RESET to 9/20/2013 at 01:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 8/8/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
167
09/20/2013
MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 9/20/2013. ORDERED taking under advisement 156 Motion to Certify Class. APPEARANCES: Jason Forge, Christopher Stewart, and Kevin Hanger for Plaintiffs. Jordan Eth, Maureen Beyers, and Philip Besirof for Defendants (Court Reporter Patricia Lyons.) Hearing held 1:04 PM to 2:24 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
168
09/23/2013
TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on September 20, 2013 before Judge Campbell.
169
09/24/2013
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 9/20/2013 before Judge Campbell.
170
10/01/2013
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 9/20/2013, before Judge Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2013. Redacted Transcript Deadline set for 11/1/2013. Release of Transcript Restriction set for 12/30/2013.
171
10/08/2013
ORDER granting 156 Motion to Certify Class. Class notice shall be filed on or before 11/8/2013. Case Management Conference set for 11/22/2013 at 3:00 PM Signed by Judge David G Campbell on 10/8/2013.
172
11/08/2013
STIPULATION Regarding Class Notice Procedures by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order
2
Exhibit A - Notice of Pendency of Class Action
3
Exhibit B - Summary Notice of Pendency of Class Action
3 Attachments
173
11/15/2013
REPORT of Joint Proposed Schedule by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
174
11/22/2013
MINUTE ENTRY for proceedings held before Judge David G Campbell: Scheduling Conference held on 11/22/2013. Discussion held. Parties to submit in the form of a proposed order the stipulation at doc. 172 with the revisions as discussed the record. Haliburton case discussed. Proposed scheduling deadlines discussed. Court takes the arguments on the Halburton case and the proposed deadlines under advisement and will issue an order. APPEARANCES: Jason Forge for Plaintiff. Jordan Eth and Maureen Beyers for Defendants (Court Reporter Patricia Lyons.) Hearing held 3:00 PM to 3:58 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
175
11/25/2013
TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 11/22/13 before Judge Campbell.
176
11/25/2013
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 11/22/13 before Judge Campbell.
177
11/25/2013
ORDER. Case Management Order No. 2. Discovery due by 10/31/2014. Dispositive motions due by 11/21/2014. Signed by Judge David G Campbell on 11/25/2013.
178
12/03/2013
ORDER 172 Stipulation is granted. Signed by Judge David G Campbell on 12/3/2013.
179
12/04/2013
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on 11-22-2013, before Judge Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2013. Redacted Transcript Deadline set for 1/6/2014. Release of Transcript Restriction set for 3/4/2014.
180
12/10/2013
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
181
12/13/2013
* NOTICE re Initial Disclosure by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. * Attorney noticed regarding Notice of Service of Discovery event on 12/16/2013
182
12/13/2013
* NOTICE re Rule 26(a) Initial Disclosures by Defendants by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. * Attorney noticed about Notice of Service of Discovery event on 12/16/2013
183
12/20/2013
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
184
01/02/2014
NOTICE re of Discovery (of Issuance of Plaintiffs' Subpoena Commanding Production of Documents to PricewaterhouseCoopers) by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
185
01/08/2014
NOTICE re of Service of Discovery (of Issuance of Plaintiffs' Subpoenas Commanding Production of Documents to Third Parties) by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
186
01/27/2014
NOTICE of Service of Discovery filed by Michael J Ahearn.
187
02/10/2014
*NOTICE of Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *Modified to correct event type on 2/11/2014
188
03/10/2014
NOTICE by CT Corporation: KCM Capital, LLC is not listed on their records or the records of the State of DE.
189
03/10/2014
NOTICE by National Registered Agents, Inc. re Cyan Opportunities LTD and JRW Capital Growth Opportunites, LP: NRAI is unable to receive the document(s) on behalf of the defendant/party
1
JRW Capital Growth Opportunities, LP)(ALS
1 Attachment
190
03/17/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
191
03/17/2014
NOTICE by CT Corporation re Stimpson Grandchildren's LLC.
192
03/26/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
193
03/28/2014
MEMORANDUM Joint Memorandum Re Status of Class-Notification Efforts by Plaintiffs British Coal Staff Superannuation Scheme, Johnny Hyldmar, Mineworkers' Pension Scheme, Mark Smilovits.
1
Affidavit Declaration of Carole K. Sylvester Setting Forth Class Notification Efforts and Summarizing Exclusion Requests
1 Attachment
194
04/03/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
195
04/28/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
196
05/09/2014
STIPULATION [DEFENDANTS' UNCONTESTED APPLICATION FOR MODIFICATION OF DISCOVERY SCHEDULE] by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit A
2
Text of Proposed Order Order
2 Attachments
197
05/16/2014
ORDER pursuant to 196 Stipulation. Discovery due by 12/30/2014. Dispositive motions due by 1/20/2015. Signed by Judge David G Campbell on 5/16/2014.
198
05/29/2014
MOTION to Withdraw as Attorney for Plaintiff The New York State Teachers' Retirement System by New York State Teachers' Retirement System.
1
Text of Proposed Order
1 Attachment
199
05/29/2014
DECLARATION of J. James Christian re: 198 MOTION to Withdraw as Attorney for Plaintiff The New York State Teachers' Retirement System by Movant New York State Teachers' Retirement System.
200
05/29/2014
MOTION for Admission Pro Hac Vice as to attorney Paul Flum on behalf of First Solar Incorporated.
05/29/2014
PRO HAC VICE FEE PAID. $ 35, receipt number PHX146612 as to Paul Flum. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
201
05/29/2014
ORDER pursuant to General Order 09-08 granting 200 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
202
05/30/2014
ORDER that the 198 Motion to Withdraw as Attorney is granted. The Clerk of the Court shall remove from the docket attorneys Richard G. Himelrick and J. James Christian of Tiffany & Bosco, P.A. as local counsel of record for NYSTRS. Signed by Judge David G Campbell on 5/30/2014.(LFIG)
203
07/08/2014
NOTICE of Service of Discovery filed by Mineworkers' Pension Scheme.
204
07/21/2014
STIPULATION re: 177 Order, Set/Reset Deadlines/Hearings [Joint Application to Modify Deadline for Settlement Talks] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order A (Defendants' version)
2
Text of Proposed Order B (Lead Plaintiffs' version)
2 Attachments
205
07/28/2014
ORDER. The Court will grant the parties' request and extend the deadline for good faith settlement talks to August 29, 2014. The Court concludes that attendance by the company defendant (including the general counsel) and relevant D&O insurers, along with counsel for all defendants, is sufficient. Individual Defendants need not attend, provided those in attendance have full authority to settle on their behalf. Signed by Judge David G Campbell on 7-28-14. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
206
08/26/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
207
08/26/2014
MOTION for Admission Pro Hac Vice as to attorney Darryl J Alvarado on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
08/26/2014
PRO HAC VICE FEE PAID. $ 35, receipt number PHX149718 as to Darryl J Alvarado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
208
08/26/2014
ORDER pursuant to General Order 09-08 granting 207 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
209
08/29/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
210
09/02/2014
MOTION for Admission Pro Hac Vice as to attorney Jennifer N Caringal on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
09/02/2014
PRO HAC VICE FEE PAID. $ 35, receipt number PHX149898 as to Jennifer N Caringal. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
211
09/02/2014
ORDER pursuant to General Order 09-08 granting 210 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
212
09/09/2014
REPORT of Settlement Talks/Discussions Joint Notice Regarding Status of Settlement Discussions by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
213
09/16/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
214
09/17/2014
ORDER. Telephonic Discovery Conference set for 9/18/2014 at 02:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel for Plaintiffs shall initiate a conference call to include all parties and the Court. If a dial-in number is established, counsel shall provide the Court with the dial-in number no later than 11:30 AM on 9/18/2014. Signed by Judge David G Campbell on 9/17/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
215
09/18/2014
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 9/18/2014. Discovery due by 2/27/2015. Dispositive motions due by 3/20/2015. (Court Reporter Patricia Lyons.)(see minute entry for details) Hearing held 2:31 PM to 3:45 PM.
216
09/19/2014
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 09/18/2014, Judge David G Campbell hearing judge(s).
217
09/19/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
218
09/19/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
219
09/19/2014
TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Craig Kennedy, Jens Meyerhoff, James F Nolan, William J Post, J Thomas Presby, Bruce Sohn, Paul H Stebbins, Michael Sweeney, Jose H Villarreal, Wayne County Employees' Retirement System, Mark R Widmar, James Zhu for proceedings held on 9/18/14, Judge David G Campbell hearing judge(s).
220
09/22/2014
NOTICE of Appearance by Joseph Nathaniel Roth on behalf of Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Craig Kennedy, Jens Meyerhoff, James F Nolan, Bruce Sohn, Mark R Widmar, James Zhu.
221
09/22/2014
STIPULATION Regarding Stipulated Protective Order Governing Confidentiality by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order
1 Attachment
222
09/24/2014
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 09/18/2014, before Judge Campbell. Court Reporter: Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/15/2014. Redacted Transcript Deadline set for 10/27/2014. Release of Transcript Restriction set for 12/23/2014.
223
09/30/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
224
10/01/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
225
10/03/2014
ORDER granting 221 Stipulation: re protective order governing confidentiality. Signed by Judge David G Campbell on 10/3/2014.
226
10/03/2014
NOTICE of Service of Discovery filed by Mark Smilovits.
227
10/07/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
228
10/09/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
229
10/14/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
230
10/15/2014
ORDER re matrix ordered in discovery conference call held on 9/18/2014. Signed by Judge David G Campbell on 10/15/2014.
231
10/16/2014
MOTION for Admission Pro Hac Vice as to attorney Mark Ryan Scott Foster on behalf of plaintiffs Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, and James Zhu.
10/16/2014
PRO HAC VICE FEE PAID. $ 35, receipt number PHX151418 as to Mark Ryan Scott Foster. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
232
10/16/2014
ORDER pursuant to General Order 09-08 granting 231 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
233
10/20/2014
ORDER. Telephonic Discovery Conference set for 10/22/2014 at 02:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall initiate a conference call to include counsel for all parties and the Court. Counsel shall provide dial-in information to the Court if appropriate. Signed by Judge David G Campbell on 10/20/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
234
10/20/2014
REPORT of Plaintiffs' and Defendants' Custodian Matrix Regarding Proposed Additional Custodians re: 233 by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
235
10/20/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
236
10/22/2014
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 10/22/2014. APPEARANCES: Telephonic appearance by Luike Brooks and Daniel Drosman for Plaintiffs. Telephonic appearance by Paul Flum, Jordan Eth, Maureen Beyers for Defendants. (see minute entry for details) (Court Reporter Elaine Cropper.) Hearing held 2:35 PM to 3:54 PM.
237
10/23/2014
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 10/22/14, Judge David G Campbell hearing judge(s).
238
10/24/2014
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 10/22/2014, before Judge Campbell. Court Reporter: Elaine Cropper. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/22/2015.
239
10/24/2014
TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on October 22, 2014, Judge David G Campbell hearing judge(s).
240
10/27/2014
MOTION for Admission Pro Hac Vice as to attorney Cody R Lejeune on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
10/27/2014
PRO HAC VICE FEE PAID. $ 35, receipt number PHX151727 as to Cody R Lejeune. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
241
10/27/2014
ORDER pursuant to General Order 09-08 granting 240 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
242
10/29/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
243
11/06/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
244
11/12/2014
NOTICE re: Plaintiffs' and Defendants' Discovery Matrix Regarding Plaintiffs Third Request for Production of Documents and Director Subpoenas by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: 236 Telephone Conference, Common Prompts (Text Only).
1
Exhibit A - Document Request Matrix
1 Attachment
245
11/13/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
246
11/13/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
247
11/14/2014
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
248
11/20/2014
ORDER re: 236 discovery conference. Defendants shall comply with this order on or before 12/19/2014. Signed by Judge David G Campbell on 11/20/2014.
249
12/04/2014
MOTION for Admission Pro Hac Vice as to attorney Judson E Lobdell on behalf of defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, and James Zhu.
12/04/2014
PRO HAC VICE FEE PAID. $ 35, receipt number PHX153009 as to Judson E Lobdell. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
250
12/04/2014
ORDER pursuant to General Order 09-08 granting 249 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
251
12/08/2014
ORDER. Telephonic Discovery Conference set for 12/9/2014 at 01:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall set up a dial-in number for use by all counsel and Court for the conference call. Signed by Judge David G Campbell on 12/8/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
252
12/09/2014
ORDER. During today's discovery conference call, the Court took under advisement Defendants' request that Plaintiffs be required to respond to contention interrogatories served by Defendants some months ago. The interrogatories focus on false statements at issue in this case, which Defendants are alleged to be legally responsible for which false statements, and other questions designed to determine what evidence underlies Plaintiffs' allegations of falsity, scienter, causation, etc. The Court has reviewed the amended complaint. It sets forth the alleged false statements with reasonable specificity, often quoting the alleged false statements and emphasizing particularly relevant portions. See Doc. 93, paras. 63-209. As Magistrate Judge Brazil noted, "[i]f a complaint presents a relatively detailed specification of the real world events giving rise to it, and proceeds on relatively well established legal theories, an attempt to justify early use of contention interrogatories on the ground that answers would clarify the issues would not be especially persuasive." In re Convergent Technologies Sec. Litig., 108 F.R.D. 328, 337 (N.D. Cal. 1985). The Court also notes that Plaintiffs served their responses to the contention interrogatories in March, and Defendants have not challenged the responses until today, on the eve of the most intensive discovery period in the case, when virtually all witnesses are to be deposed. If Defendants thought they needed more complete responses in order to prepare for the depositions or otherwise fashion their discovery requests, they could have and should have sought the Court's assistance much earlier. The Court will not require Plaintiffs to respond to the contention interrogatories on January 8, 2015 as requested. The responses will be due on March 6, 2015, after the close of discovery, but two weeks before the deadline for filing motions for summary judgment. Signed by Judge David G Campbell on 12-9-14. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
253
12/09/2014
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 12/9/14, Judge David G Campbell hearing judge(s).
254
12/09/2014
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 12/9/2014.(see minute entry for details) (Court Reporter Patricia Lyons.) Hearing held 1:36 PM to 2:42 PM.
255
12/10/2014
TRANSCRIPT REQUEST by First Solar Incorporated for proceedings held on 12/09/14, Judge David G Campbell hearing judge(s).
256
12/16/2014
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 12/09/2014, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2015. Redacted Transcript Deadline set for 1/16/2015. Release of Transcript Restriction set for 3/16/2015.
257
12/23/2014
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
258
01/05/2015
ORDER Telephone Discovery Conference set for 1/6/2015 at 11:30 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. The Discovery Conference is limited to 30 minutes (total). Counsel shall set up a conference call dial-in number to include all counsel of record and the Court. Counsel shall provide the Court with dial-in information for the call. Signed by Judge David G Campbell on 1/5/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
259
01/06/2015
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 01/06/2015, Judge David G Campbell hearing judge(s).
260
01/06/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 1/6/2015.(see minute entry for details) (Court Reporter Patricia Lyons.) Hearing held 11:34 AM to 12:07 PM.
261
01/07/2015
TRANSCRIPT REQUEST by First Solar Incorporated for proceedings held on 01/06/15, Judge David G Campbell hearing judge(s).
262
01/08/2015
NOTICE re: Regarding Plaintiffs' and Defendants' Discovery Matrix Regarding Plaintiffs' Rule 30(b)(6) Deposition of First Solar by First Solar Incorporated.
263
01/08/2015
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
264
01/08/2015
ORDER. The Court provides the following rulings on issues raised in the parties' most recent matrix. (1) The defects addressed in the 30(b)(6) deposition will be limited to those specifically identified in the complaint (LPM and the hot climate issue). (2) For Topic 1(b), First Solar must present a witness prepared to testify regarding First Solar's knowledge regarding when individual defendants learned of defects. The testimony will concern First Solar's knowledge, not the individual defendants' knowledge. First Solar is not required in the 30(b)(6) deposition to provide testimony on behalf of the individual defendants. (3) Topic 3, even as narrowed by Plaintiffs, is clearly overbroad and would impose an unreasonable burden. If Plaintiffs wish to pursue this line of questioning, they shall identify 25 specific statements sufficiently in advance of the deposition to permit First Solar to prepare a witness on the identified statements. (4) First Solar will not be required to present a 30(b)(6) witness on Topic 11. The parties' positions on the causes of stock price fluctuations likely, and appropriately, will be addressed through expert testimony. (5) The Court concludes that responses to contention interrogatories are clearly a more efficient and cost-effective method of learning the factual basis for the affirmative defenses. Defendants shall respond to such a contention interrogatory on the same schedule as Plaintiffs' responses to contention interrogatories. (6) The Court sees merit, and greater efficiency, in setting an aggregate hours total for the 30(b)(6) depositions, and will set a limit of 20 hours. This aggregate total means, however, that Plaintiffs may decide where to allocate their time, even if the allocation results in one or more of the 30(b)(6) witnesses being deposed for more than 7 hours. (7) Defendants shall provide Plaintiffs with 30(b)(6) deposition dates by noon (Arizona time) next Tuesday. Signed by Judge David G Campbell on 1-8-55. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
265
01/07/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 01/06/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2015. Redacted Transcript Deadline set for 2/9/2015. Release of Transcript Restriction set for 4/7/2015.
266
01/13/2015
MOTION for Admission Pro Hac Vice as to attorney Tor Gronborg on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
01/13/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX154168 as to Tor Gronborg. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
267
01/13/2015
ORDER pursuant to General Order 09-08 granting 266 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
268
01/13/2015
NOTICE re: Plaintiffs' and Defendants' Discovery Matrix Regarding LPM Review Documents by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: 260 Telephone Conference.
1
Exhibit A - Internal Audit LPM Review Matrix
1 Attachment
269
01/13/2015
MEMORANDUM Defendants' Memorandum Re Privilege Log Requirements and Whether Production to an Auditor Waives Work Product by Defendant First Solar Incorporated.
270
01/13/2015
NOTICE re: Plaintiffs' Memo. in Support of Waiver of Privilege and Rule 26(B)(5) Requirements by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: 260 Telephone Conference.
271
01/13/2015
NOTICE re: The Parties' Proposals for Challenging Withheld and Redacted Documents by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: 260 Telephone Conference.
272
01/14/2015
MOTION for Admission Pro Hac Vice as to attorney Lonnie A Browne on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme.
01/14/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX154266 as to Lonnie A Browne. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
273
01/14/2015
ORDER pursuant to General Order 09-08 granting 272 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
274
01/15/2015
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Luke Brooks.
275
01/16/2015
MOTION for Admission Pro Hac Vice as to attorney James P Bennett on behalf of First Solar Incorporated.
01/16/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX154332 as to James P Bennett. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
276
01/16/2015
ORDER pursuant to General Order 09-08 granting 275 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
277
01/23/2015
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
278
01/27/2015
ORDER. The Court has reviewed the parties' matrix regarding the LPM review documents. Doc. 268. The Court concludes that Defendants should produce the documents at issue in the matrix, which the Court understands to be related to an internal audit of the LPM issue. The Court does not agree that such clearly relevant documents may be withheld simply because they were created after March 31, 2012. Nor does the Court conclude that Plaintiffs unduly delayed their request. Defendants do not dispute that Plaintiffs learned of the documents in December of 2014. Defendants argue that Plaintiffs, through diligence, could have learned these facts much earlier, but the Court cannot conclude that Plaintiffs' failure to find the information in hundreds of thousands of produced pages constitutes undue delay. The Court notes that both sides' argument in this matrix -- particularly Plaintiffs' -- adopted an unnecessary accusatory tone. The parties should drop the tone in future communications with the Court. The Court also notes that Plaintiffs' argument was about twice as long as it needed to be. Repetition does not help with persuasion. Defendants shall produce the documents to Plaintiffs by January 31, 2015. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
279
01/27/2015
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
280
01/27/2015
ORDER. The Court has considered the parties' briefing on the sufficiency of Defendants' privilege logs. Docs. 269, 270. Plaintiffs ask the Court to order Defendants to disclose whether each of the 5,000 documents in the logs was distributed to third parties and the identity of such parties, but cite no authority requiring such information. The Ninth Circuit has endorsed a log that discloses all persons or entities "shown on the document" to have received or sent the document. In re Grand Jury Investigation, 974 F.2d 1068, 1071 (9th Cir. 1992). The Court will not require more. If Defendants have not identified persons or entities shown on the documents to have received or sent the documents, they shall do so. In addition, to the extent available, Defendants should provide Plaintiffs with names of the attorneys and recipients shown on the documents, and dates of the documents, identified in Plaintiffs' Appendix A. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
281
01/27/2015
ORDER. The Court has reviewed the parties' proposals for challenging withheld or redacted documents. Doc. 271. By the close of business on January 28, 2015, Plaintiffs shall identify 20 documents from Defendants' privilege logs to be reviewed by the Court in camera. To the extent known by Plaintiffs, none of the documents should exceed 20 pages in length. By the close of business on February 2, 2015, Defendants shall deliver to the Court (1) complete and unredacted copies of the documents identified by Plaintiffs; (2) copies of the latest produced, redacted versions of the documents; and (3) the corresponding privilege log entries for the documents. The Court will determine the next step in the process after it has reviewed the documents. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
282
01/27/2015
ORDER. The Court has reviewed the parties' briefs regarding waiver by disclosure of documents to outside auditors. Docs. 269, 270. To the extent the attorney-client privilege is at issue, the Ninth Circuit has held that disclosure of privileged documents to outside auditors waives the privilege. See United States v. Ruehle, 583 F.3d 600, 609 (9th Cir. 2009). As the D.C. Circuit has recognized, however, "[w]hile voluntary disclosure waives the attorney-client privilege, it does not necessarily waive work-product protection." United States v. Deloitte LLP, 610 F.3d 129, 139 (D.C. Cir. 2010). The D.C. Circuit further explained: "To the best of our knowledge, no circuit has addressed whether disclosing work product to an independent auditor constitutes waiver. Among the district courts that have addressed this issue, most have found no waiver." Id. (citing cases). The Court has reviewed the cases cited by Plaintiffs, In re Diasonics Sec. Litig., No. C-83-4584-RFP(FW), 1986 WL 53402 (N.D. Cal. June 15, 1986), and Medinol, Ltd. v. Boston Scientific Corp., 214 F.R.D. 113 (S.D.N.Y. 2002). The Court finds the reasoning of the D.C. Circuit in Deloitte to be more persuasive. See 610 F.3d at 139-143; see also S.E.C. v. Berry, No. C07-04431 RMW HRL, 2011 WL 825742, at *6-8 (N.D. Cal. Mar. 7, 2011). The Court accordingly holds that Defendants' work product protection was not waived by disclosures to First Solar's outside auditors. Plaintiffs allude to other deficiencies in Defendants' work product claim, but these were not raised during the January 6, 2015 conference call. The issue raised was whether disclosure to outside auditors waives the attorney-client privilege or work product protection. Doc. 260. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
283
01/27/2015
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
284
01/28/2015
NOTICE re: of Identified Documents for In Camera Review by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: 281 Order.
285
02/02/2015
NOTICE re: Regarding Documents for In Camera Review by First Solar Incorporated.
286
02/03/2015
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
287
02/03/2015
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
288
02/05/2015
ORDER re: 284 Notice (Other) filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re discovery. Signed by Judge David G Campbell on 2/5/2015.
289
02/05/2015
ORDER re Telephonic Discovery Conference set for 2/6/2015 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall coordinate a conference call to include all counsel and the Court. Signed by Judge David G Campbell on 2/5/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
290
02/06/2015
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 2/6/2015, Judge David G Campbell hearing judge(s).
291
02/06/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 2/6/2015. Dispositive motions deadline extended to 3/27/2015. (see minute entry for details) (Court Reporter Patricia Lyons.) Hearing held 10:12 AM to 10:53 AM.
292
02/07/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 02/06/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2015. Redacted Transcript Deadline set for 3/10/2015. Release of Transcript Restriction set for 5/8/2015.
293
02/11/2015
TRANSCRIPT REQUEST ORDER FORM by First Solar Incorporated for proceedings held on 02/06/2015, Judge David G Campbell, Judge Telephonic Discovery Conference hearing judge(s).
294
02/12/2015
TRANSCRIPT REQUEST AMENDED by First Solar Incorporated for proceedings held on 2/6/2015, Judge David G Campbell, Judge Telephonic Discovery Conference Proceedings hearing judge(s).
295
02/13/2015
*SEALED Defendants' Ex Parte Memorandum and Supporting Delarations in Response to the Court's Order of February 5, 2015 re: 288 filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 2/13/2015 to Change from Lodged to Filed and Correct Document Link (MAP)*.
296
02/17/2015
ORDER. Telephonic hearing re upcoming motions for summary judgment set for 2/17/2015 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall notify all parties of record of the call and set up a conference call to include all counsel who wish to participate in the call and the Court. Signed by Judge David G Campbell on 2/17/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
297
02/17/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Conference held on 2/17/2015. Motion Hearing set for 6/25/2015 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 3:30 PM to 3:56 PM.
298
02/18/2015
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 2/17/15, Judge David G Campbell hearing judge(s).
299
02/18/2015
ORDER re: 284 Notice (Other) filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. Signed by Judge David G Campbell on 2/18/2015.
300
02/19/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on 02/17/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/20/2015.
301
02/24/2015
TRANSCRIPT REQUEST for Telephone Conference by First Solar Incorporated for proceedings held on 2/17/2015, Judge David G Campbell hearing judge(s).
302
03/02/2015
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
303
03/13/2015
NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
304
03/16/2015
NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
305
03/26/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 3/26/2015.Plaintiffs address defendants non-compliance with Court order doc. 278. Discussion held. Court will review the parties matrix at doc. 268, the order at doc. 278 and issue an order. TELEPHONIC APPEARANCES: Daniel Drosman and Luke Brooks for Plaintiffs. Paul Flum for Defendants (Court Reporter Liz Lemke.) Hearing held 2:37 PM to 3:07 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
306
03/26/2015
TRANSCRIPT REQUEST ORDER FORM by First Solar Incorporated for proceedings held on 3/26/2015, Judge David G Campbell hearing judge(s).
307
03/26/2015
ORDER. Following today's discovery conference call, the Court reread the matrix submitted by the parties at Doc. 268-1 and the Court's order regarding the matrix (Doc. 278). The documents at issue in the matrix included "all documents relating to the internal audit" of the LPM issue (Doc. 268-1 at 2); "all documents" related to the audit "includ[ing] interviews of 'key players'" (id.); "documents relating to interviews" (Doc. 268-1 at 4); "all documents" relating to "interviews of key players" (Doc, 168-1 at 11); and "[d]ocuments reflecting those interviews -- no matter who it was that conducted the interviews and no matter who it was that memorialized them" (id.). In short, there is no question that the matrix sought all documents related to the internal LPM audit and all documents relating to interviews conducted as part of the audit. The Court ordered Defendants, by January 31, 2015, to "produce the documents at issue in the matrix," finding them "clearly relevant." Doc. 278. In response to this order, Defendants should have searched the files of the five members of the audit team whose files were not searched, and should also have searched for all documents relating to audit interviews, no matter who created them. Defendants now contend that lawyer notes of LPM audit interviews were taken for a different purpose than the internal audit. Even if this is true, the notes relate to the audit interviews and were covered by the matrix and the Court's order. Defendants also now contend that such notes are work product, but Defendants do not dispute that they have never claimed work product protection for these notes pursuant to Rule 26(b)(5) and that they did not assert work product or privilege as a basis for withholding documents in the matrix. To the contrary, when Plaintiffs specifically asserted in the matrix that Defendants "do not contend the requested documents are privileged or protected" (Doc. 168-1 at 4), Defendants did not disagree. Although waiver of the work product protection is not lightly to be found, the Court finds it here because (1) documents related to the internal LPM audit are plainly relevant in this case and have been from the beginning, interviews related to the LPM audit are plainly relevant, notes of those interviews are plainly relevant, and yet Defendants have never asserted the work product protection with respect to such notes; (2) the attorney notes of interviews were clearly at issue in the matrix, and yet Defendants did not assert the work product protection in response; (3) Defendants did not assert the work product protection in response to Plaintiffs' express statement that Defendants were not asserting that protection; and (4) Defendants have failed to search for clearly relevant documents related to the LPM audit, discovery has now closed, motions for summary judgment are imminent, and it is simply too late in this case to be asserting work product protection for the first time. As a result, Defendants shall, by April 10, 2015, search for and produce (a) all documents related to the internal LPM audit from the files of the five audit team members discussed during the conference call, and (b) all attorney notes of interviews conducted in connection with the internal LPM audit. By requiring the production of attorney notes of interviews, the Court is not requiring the disclosure of attorney "mental impressions, conclusions, opinions, or legal theories. concerning the litigation." Fed. R. Civ. P. 26(b)(3)(B). That information, if any, may be redacted from attorney notes that are produced. Signed by Judge David G Campbell on 3-26-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
308
03/26/2015
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 3-26-15, Judge David G Campbell hearing judge(s).
309
03/27/2015
* MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth, and Nineteenth - Twentieth Affirmative Defenses by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. * Modified to correct event; attorney noticed on 3/30/2015
310
03/27/2015
MEMORANDUM in Support of 309 MOTION for Summary Judgment Regarding Defendants' First - Sixteenth, and Nineteenth - Twentieth Affirmative Defenses by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit A - Interrogatory Response
1 Attachment
311
03/27/2015
MOTION for Summary Judgment Defendants Motion For Summary Judgment by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
312
03/27/2015
Additional Attachments to Main Document re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Attachment A and Attachment B by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit Attachment B
1 Attachment
313
03/27/2015
DECLARATION Declaration Of Michael J. Ahearn In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
314
03/27/2015
DECLARATION Declaration Of David Eaglesham In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
315
03/27/2015
DECLARATION Declaration Of Robert J. Gillette In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
316
03/27/2015
DECLARATION Declaration Of Jens Meyerhoff In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
317
03/27/2015
DECLARATION Declaration Of Bruce Sohn In Support Of Defendants Motion For Summary Judgment by Defendants Bruce Sohn, Mark R Widmar, James Zhu.
318
03/27/2015
DECLARATION Declaration Of Mark R. Widmar In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
319
03/27/2015
DECLARATION Declaration Of James Zhu In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
320
03/27/2015
DECLARATION Declaration Of Chris Bueter In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
321
03/27/2015
DECLARATION Declaration Of Adam DAngelo In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
322
03/27/2015
DECLARATION Declaration Of Paul Flum In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
323
03/27/2015
DECLARATION Declaration Of TK Kallenbach In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
324
03/27/2015
DECLARATION Declaration Of Michael Koralewski In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
325
03/27/2015
DECLARATION Declaration Of Bryan Schumaker In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
326
03/27/2015
DECLARATION Declaration Of Samantha Sloan In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
327
03/27/2015
Additional Attachments to Main Document re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Appendix of Exhibits, Exhibits 1 through 10 by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibits 1 - 10
1 Attachment
328
03/27/2015
Additional Attachments to Main Document re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 11-20 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
329
03/27/2015
Additional Attachments to Main Document re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 21 to 25 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
330
03/27/2015
Additional Attachments to Main Document re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 26 through 44 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
331
03/27/2015
Additional Attachments to Main Document re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 45 through 55 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
332
03/27/2015
Additional Attachments to Main Document re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 56 through 59 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
333
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibit 60 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
334
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibits 61 through 66 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
335
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibits 67 through 70 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
336
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibits 71 through 73 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
337
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibits 76 and 78 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
338
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibits 79 through 81 and Exhibit 83 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
339
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibit 84 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
340
03/27/2015
Additional Attachments to Main Document re: 310 Memorandum Exhibits 86 through 90 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
341
03/27/2015
REQUEST re: Request for Judicial Notice In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
342
03/27/2015
MOTION to Seal Document Defendants Motion To File Documents Under Seal by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Affidavit Delson Declaration In Support Of Defendants Motion To File Documents Under Seal
2
Text of Proposed Order
2 Attachments
343
03/27/2015
*FILED at Doc. 402 *SEALED LODGED Proposed Exhibit 64 to the Appendix of Exhibits re: 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
344
03/27/2015
*FILED at Doc. 402 *SEALED LODGED Proposed Exhibit 74 to the Appendix of Exhibits re: 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
345
03/27/2015
*FILED at DOc. 402 *SEALED LODGED Proposed Exhibit 75 to the Appendix of Exhibits re: 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
346
03/27/2015
*FILED at Doc. 402 *SEALED LODGED Proposed Exhibit 77 to the Appendix of Exhibits re: 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
347
03/27/2015
*FILED at Doc. 402 *SEALED LODGED Proposed Exhibit 82 to the Appendix of Exhibits re: 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
348
03/27/2015
*FILED at Doc. 402 *SEALED LODGED Proposed Exhibit 85 to the Appendix of Exhibits re: 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
349
03/27/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on 03/26/2015, before Judge David G. Campbell. (Court Reporter: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/25/2015.
350
03/30/2015
TRANSCRIPT REQUEST of Telephonic Conference Proceedings held on 03/26/2015 by First Solar Incorporated for proceedings held on 3/26/2015, Judge David G Campbell hearing judge(s). *TRANSCRIPT REQUEST CANCELLED PER REQUESTOR ON 30MAR2015 *Modified on 3/30/2015
351
04/09/2015
* MOTION for Reconsideration re: 307 Defendants Motion for Reconsideration and Objections to Order of March 26, 2015 by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Proposed Order) *Modified to add document number/link on 4/10/2015* (REW
4 Attachments
352
04/15/2015
ORDER. Defendants have filed a Motion for Reconsideration. Doc. 351. Plaintiffs shall file a response to the motion, not to exceed 8 pages, by April 22, 2015. No reply shall be filed unless requested by the Court. Signed by Judge David G Campbell on 4-15-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
353
04/16/2015
MOTION for Extension of Time to Respond to Defendants' Motion for Reconsideration (First Request) by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order
1 Attachment
354
04/16/2015
ORDER granting 353 Motion for Extension of Time Deadline as to 351 MOTION for Reconsideration re: Order 307. Response to motion for reconsideration shall be filed on or before 5/6/2015. The parties are advised that the Court will not grant further extension to this deadline absent truly extraordinaray circumstances. Signed by Judge David G Campbell on 4/16/2015.
355
04/27/2015
RESPONSE to Motion re: 309 MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth and Nineteenth - Twentieth Affirmative Defenses Defendants Opposition To Plaintiffs Motion For Partial Summary Judgment Regarding Defendants First Through Sixteenth, And Nineteenth Through Twentieth Affirmative Defenses filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit A
1 Attachment
356
04/27/2015
*DECLARATION Declaration Of Anna Erickson White In Support Of 309 Defendants Opposition To Plaintiffs Motion For Partial Summary Judgment Regarding Defendants First Through Sixteenth, And Nineteenth Through Twentieth Affirmative Defenses. filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit 1)* Modified to add document link on 4/28/2015 (REK
1 Attachment
357
04/27/2015
MOTION to Seal Document Plaintiffs' Opposition to Defendants' Motion for Summary Judgment, Declaration of D. Paul Regan and Declaration of Bjorn I. Steinholt by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Text of Proposed Order
1 Attachment
358
04/27/2015
RESPONSE to Motion re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Plaintiffs' Opposition to Defendants' Motion for Summary Judgment [redacted version] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
359
04/27/2015
*DECLARATION of Daniel S. Drosman re: 358 Response to 311 Motion for Summary Judgment. filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 69
2
Exhibit 71-76
3
Exhibit 81
4
Exhibit 103
5
Exhibit 158
6
Exhibit 233
7
Exhibit 295)* Modified to add document link on 4/28/2015 (REK
7 Attachments
360
04/27/2015
*DECLARATION of D. Paul Regan re: 358 Response to Motion for Summary Judgment re: 311. filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *Modified to correct document link on 4/28/2015
361
04/27/2015
*DECLARATION of Bjorn I. Steinholt, CFA [redacted version] re: 358 Response to Motion for Summary Judgment re: 311. filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 1
2
Exhibit 15
3
Exhibit 18-29
4
Exhibit 30-36
5
Exhibit 38-50
6
51
7
Exhibit 52
8
Exhibit 53
9
Exhibit 54
10
Exhibit 55)* Modified to correct document link on 4/28/2015 (REK
10 Attachments
362
04/27/2015
Additional Attachments to Main Document re: 361 Declaration of Bjorn I. Steinholt, CFA, Part 2 by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 56
2
Exhibit 57
3
Exhibit 58
4
Exhibit 59
5
Errata 61-69
6
Exhibit 70-79
7
Exhibit 80-84
7 Attachments
363
05/01/2015
*SEALED Opposition (Response) to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *Modified on 5/1/2015 to change from lodged to filed pursuant to Order 375 (MAP)*.
364
05/01/2015
*SEALED Declaration of Daniel S. Drosman Part 1 Re 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 1-19
2
Exhibit 20
3
Exhibit 21-25
4
Exhibit 26-28
5
Exhibit 29
6
Exhibit 30-34
7
Exhibit 35-41
8
Exhibit 42-51
9
Exhibit 52-56
10
Exhibit 57-61) *Modified on 5/1/2015 from lodged to filed pursuant to Order
375
(MAP
11 Attachments
365
05/01/2015
*SEALED Declaration of Daniel S. Drosman Part 2 re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 62-68
2
Exhibit 70
3
Exhibit 77 part 1
4
Exhibit 77 part 2
5
Exhibit 78-80
6
Exhibit 82-87
7
Exhibit 88-92
8
Exhibit 93-94
9
Exhibit 95-97) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order
375
(MAP
10 Attachments
366
05/01/2015
*SEALED Declaration of Daniel S. Drosman Part 3 Re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 98-99
2
Exhibit 100-102
3
Exhibit 104-105
4
Exhibit 106-108
5
Exhibit 109 part 1
6
Exhibit 109 part 2
7
Exhibit 110-112
8
Exhibit 113-120
9
Exhibit 121-122) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order
375
(MAP
10 Attachments
367
05/01/2015
*SEALED Declaration of Daniel S. Drosman part 4 re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 123
2
Exhibit 124-128
3
Exhibit 129-133
4
Exhibit 134-135
5
Exhibit 136
6
Exhibit 137
7
Exhibit 138-140
8
Exhibit 141-143
9
Exhibit 144-148) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order
375
(MAP
10 Attachments
368
05/01/2015
*SEALED Declaration of Daniel S. Drosman part 5 re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 149-153
2
Exhibit 154-157
3
Exhibit 159-161
4
Exhibit 162-169
5
Exhibit 170-173
6
Exhibit 174-179
7
Exhibit 180-182
8
Exhibit 183-184
9
Exhibit 185-186) *Modified on 5/1/2015 to change from lodged to filed pursuant to
375
(MAP
10 Attachments
369
05/01/2015
*SEALED Declaration of Daniel S. Drosman part 6 re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 187-193
2
Exhibit 194-195
3
Exhibit 196-203
4
Exhibit 204-207
5
Exhibit 208-209
6
Exhibit 210-213
7
Exhibit 214 part 1
8
Exhibit 214 part 2
9
Exhibit 215-218) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order
375
(MAP
10 Attachments
370
05/01/2015
*SEALED Declaration of Daniel S. Drosman part 7 re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
219-222
2
223
3
224
4
225
5
226
6
227
7
228
8
229
9
230) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order
375
(MAP
10 Attachments
371
05/01/2015
*SEALED Declaration of Daniel S. Drosman part 8 re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 231-232
2
234-249
3
250-260
4
261-280
5
281-294
6
296-310
7
311-312) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order
375
(MAP
8 Attachments
372
04/28/2015
Additional Attachments to Main Document re: 359 Declaration of Daniel S. Drosman by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit 313-339
2
Exhibit 340-352
3
Exhibit 353-363
3 Attachments
373
05/01/2015
*SEALED Declaration of D. Paul Regan re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *Modified on 5/1/2015 to change from lodged to filed pursuant to Order 375 (MAP)*.
374
05/01/2015
*SEALED Declaration of Bjorn I. Steinholt, CFA re: 363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *.
1
Exhibit 2-13
2
Exhibit 14
3
Exhibit 16-17
4
Exhibit 37
5
Exhibit 60) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order
375
(MAP
6 Attachments
375
05/01/2015
ORDER granting 357 Motion to Seal. See Order for list of documents and further information. Signed by Judge David G Campbell on 4/30/15.
376
05/06/2015
RESPONSE in Opposition re: 351 MOTION for Reconsideration re: Order 307 Plaintiffs' Opposition to Defendants' Motion for Reconsideration and Objections to Order of March 26, 2015 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
377
05/15/2015
ORDER denying 351 Motion for Reconsideration. The Court cannot conclude that its previous decision on waiver of the work product protection with respect to interview notes (Doc. 307) was "manifest error." LRCiv 7.2 (g)(1). In the matrix in question, Plaintiffs specifically sought interview notes, regardless of who created them: "Documents reflecting those interviews -- no matter who it was that conducted the interviews and no matter who it was that memorialized them -- should be produced." Doc. 268-1 at 11. Defendants did not assert the work product protection in response. See Doc. 268-1. The Court cannot conclude that Defendants' boilerplate assertion of that protection months earlier in general objections to Plaintiffs' Rule 34 request (Doc. 351-1 at 5, 16) was sufficient to preserve the protection for the interview notes, particularly when the protection was never asserted with respect to those notes in a Rule 26(b)(5) privilege log. See Burlington N. & Santa Fe Ry. Co. v. U.S. Dist. Court for Dist. of Mont., 408 F.3d 1142, 1149 (9th Cir. 2005). The Court concludes that its reasoning in the prior order (Doc. 307) was not erroneous. Signed by Judge David G Campbell on 5-15-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
378
05/22/2015
REPLY to Response to Motion re: 309 MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth and Nineteenth - Twentieth Affirmative Defenses filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme.
1
Exhibit A - Jaffe v. Household Verdict Form
2
Exhibit B - Jaffe v. Household Order
2 Attachments
379
05/22/2015
REPLY to Response to Motion re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Defendants Reply Brief in Support of Motion for Summary Judgment Redacted Public Version filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
380
05/22/2015
*FILED at Doc. 403 *SEALED LODGED Proposed Defendants Reply Brief in Support of Motion for Summary Judgment Submitted Under Seal re: 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment. Document to be filed by Clerk if 387 Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified to link to Motion to Seal on 5/26/2015 (SCH). *Modified on 8/11/2015 (MAP)*.
381
05/22/2015
Additional Attachments to Main Document re: 379 Reply to Response to Motion, 380 Sealed Lodged Proposed Document Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibits 1-4
2
Exhibits 5-6, 8-13, 15-21, 24
2 Attachments
382
05/22/2015
DECLARATION Rebuttal Declaration of Paul Flum in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
383
05/22/2015
DECLARATION Rebuttal Declaration of Adam DAngelo in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
384
05/22/2015
DECLARATION Rebuttal Declaration of Michael Koralewski in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
385
05/22/2015
DECLARATION Rebuttal Declaration of Bryan Schumaker in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
386
05/22/2015
DECLARATION Rebuttal Declaration of Jeff Van Dyke in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
387
05/22/2015
MOTION to Seal Document Defendants Motion to File Documents Under Seal by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Declaration of Paul Delson in Support of Defendants Motion to File Documents Under Seal
2
[Proposed] Order Granting Defendants Motion to File Documents Under Seal
2 Attachments
388
05/22/2015
*FILED at Doc. 403]*SEALED LODGED Proposed Exhibit 7 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
389
05/22/2015
*FILED at Doc. 403 *SEALED LODGED Proposed Exhibit 14 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
390
05/22/2015
*FILED at Doc. 403 *LODGED Proposed Exhibit 22 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
391
05/22/2015
*FILED at Doc. 403 *SEALED LODGED Proposed Exhibit 23 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
392
05/22/2015
*FILED at Doc. 403 *SEALED LODGED Proposed Exhibit 25 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
393
05/22/2015
*FILED at Doc. 403 *SEALED LODGED Proposed Exhibit 26 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. *Modified on 8/11/2015 (MAP)*.
394
06/08/2015
ORDER: DUE TO A CONFLICT IN THE COURT'S CALENDAR, the motion hearing set for 6/25/2015 at 2:00 PM is VACATED and RESET to 7/22/2015 at 2:00 PM in Courtroom603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. RE: 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal, 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal, 309 MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth and Nineteenth - Twentieth Affirmative Defenses, 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment. This is a FIRM setting. Signed by Judge David G Campbell on 6/8/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
395
07/22/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 7/22/2015. ORDERED taking under advisement 309 Motion for Partial Summary Judgment; taking under advisement 311 Motion for Summary Judgment; taking under advisement 342 Motion to Seal Document ; taking under advisement 387 Motion to Seal Document. Court will issue an order. APPEARANCES: Daniel Drosman, Darryl Alvarado, and Luke Brooks for Plaintiffs. Jordan Eth, Paul Flum, Maureen Beyers, Judson Lobdell, Anna White for Defendants (Court Reporter Patricia Lyons.) Hearing held 2:00 PM to 4:27 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
396
07/22/2015
TRANSCRIPT REQUEST Motion for Summary Judgment Hearing by First Solar Incorporated for proceedings held on 7-22-2015, Judge David G Campbell hearing judge(s).
397
07/23/2015
TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 7/22/15, Judge David G Campbell hearing judge(s).
398
07/23/2015
TRANSCRIPT REQUEST by David Thorpe for Motion Hearing proceedings held on 07/22/2015, Judge David G Campbell hearing judge(s).
399
07/23/2015
*(AMENDED BY DOC. 400) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing proceedings held on 07/22/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/21/2015. (RAP) *Modified on 7/27/2015
400
07/24/2015
NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of Motion Hearing proceedings held on 07/22/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.
401
08/11/2015
ORDER granting/denying in part 311 Motion for Summary Judgment. FURTHER ORDERED denying 309 Motion for Summary Judgment, but Defendants' affirmative defenses 1 5, 7, 10 14, and 16 are stricken. FURTHER ORDERED granting 341 Defendants' request for judicial notice. FURTHER ORDERED granting 342, 387 Motions to Seal. FURTHER ORDERED The Court certifies the loss causation issue discussed above for immediate interlocutory appeal under 28 U.S.C. § 1292(b). See Order for Complete Details. Signed by Judge David G Campbell on 8/10/15.
402
08/11/2015
Sealed Exhibits Re 311 Motion for Summary Judgment filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit 74
2
Exhibit 75
3
Exhibit 77
4
Exhibit 82
5
Exhibit 85)(MAP
5 Attachments
403
08/11/2015
SEALED UNREDACTED REPLY & EXHIBITS to Motion re: 311 MOTION for Summary Judgment filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit 14
2
Exhibit 22
3
Exhibit 23
4
Exhibit 25
5
Exhibit 26)(MAP
5 Attachments
404
08/21/2015
NOTICE re: Defendants Notice of Filing of Petition for Permission for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b) by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
405
10/21/2015
MOTION to Transfer Related Case by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Exhibit A
2
Text of Proposed Order) (Associated Cases: CV-12-00555-PHX-DGC, CV-15-01156-ROS
2 Attachments
406
11/04/2015
ORDER granting 405 Motion to Transfer Related Case in case 2:12-cv-00555-DGC; granting 13 Motion to Transfer Related Case in case 2:15-cv-01156-ROS. Case No. CV15-1156 PHX ROS, Maverick Fund, LDC v. First Solar, Inc., is transferred to this Court for further proceedings. All further pleadings/papers should now list the following complete case number: CV-15-1156 PHX DGC. Signed by Judge David G Campbell on 11/3/15. (Associated Cases: 2:12-cv-00555-DGC, 2:15-cv-01156-ROS)
407
11/19/2015
*USCA Case Number; Petition for permission to appeal was granted by the Ninth Circuit on 11/18/15, within 14 days after the date of this order, petitioner shall perfect the appeal, Ninth Circuit Case Number 15-17282(15-80155) re: 409 Notice of Appeal. (LSP) *Modified to correct case number on 11/19/2015 (LSP). Modified to add link on 11/25/2015
11/23/2015
Appeal to 9th Circuit Court of Appeals Fee Received: $ 505.00 receipt number 0970-12363587. (Text entry; no document attached.)
408
11/18/2015
ORDER of USCA, the petition for permission to appeal pursuant to 28 U.S.C. § 1292(b) is granted; within 14 days after the date of this order, petitioner shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d), re: 15-80155, appeal opened as 15-17282. (copies sent by the Ninth Circuit)
409
11/18/2015
NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 401 Order by First Solar Incorporated, Michael J Ahearn, David Eaglesham, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. NOTE: this entry is made for case management purposes only, appeal opened as 15-17282, fee paid on 11/23/15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
410
07/14/2016
MOTION to Lift Stay, MOTION to Intervene, MOTION to Unseal Document by Britt Nederhood, Eng Kwang Tan, Clifford Tindall.
1
Declaration of Francis A. Bottini, Jr.
2
Exhibits A-F to Bottini Declaration
3
Text of Proposed Order
3 Attachments
411
07/29/2016
RESPONSE in Opposition re: 410 MOTION to Lift Stay MOTION to Intervene MOTION to Unseal Document DEFENDANTS' OPPOSITION TO DERIVATIVE PLAINTIFFS' MOTION TO INTERVENE AND UNSEAL DOCUMENTS filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
412
08/08/2016
REPLY to Response to Motion re: 410 MOTION to Lift Stay MOTION to Intervene MOTION to Unseal Document filed by Britt Nederhood, Eng Kwang Tan, Clifford Tindall.
1
Text of Amended Proposed Order
1 Attachment
413
09/30/2016
ORDER: Derivative Plaintiffs' Motion to (1) Lift the Stay for a Limited Purpose; (2) Intervene for a Limited Purpose; and (3) Unseal Court Records (Doc. 410) is denied. Signed by Judge David G Campbell on 9/30/2016.
414
10/17/2016
*NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 413 Order on Motion to Lift Stay, Order on Motion to Intervene, Order on Motion to Unseal Document by Eng Kwang Tan, Clifford Tindall, Britt Nederhood. Filing fee received: $ 505.00, receipt number 0970-13510124.
1
Exhibit List with Exhibits A and B) *Modified to correct event type on 10/18/2016 (LSP
1 Attachment
415
10/27/2016
USCA Case Number re: 414 Notice of Interlocutory Appeal. Case number 16-16937, Ninth Circuit. (copies sent by the Ninth Circuit)
416
11/23/2016
APPEAL DOCUMENT by Britt Nederhood, Eng Kwang Tan, Clifford Tindall re: 414 Notice of Appeal Notice Regarding Transcripts.
417
03/17/2017
NOTICE of Attorney Withdrawal MAUREEN BEYERS filed by Joseph Nathaniel Roth.
420
02/14/2018
MANDATE of USCA (16-16937) dismissing re: 414 Notice of Appeal filed by Britt Nederhood, Eng Kwang Tan, Clifford Tindall.
1
Memorandum
2
Concurrence
3
NDA) (LAD
3 Attachments
421
06/25/2018
MOTION to Stay Proceedings by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order
1 Attachment
422
06/25/2018
* MOTION (APPLICATION) for Substitution of Attorney.
1
Text of Proposed Order) * Modified to correct event and attorney notified that document is not in compliance with LR 83.3(b); attorney noticed to refile on 6/26/2018 (LAD
1 Attachment
423
06/26/2018
*MOTION for Hearing or Conference re: Status Conference by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. *Modified to correct event on 6/27/2018
06/26/2018
Remark: Pro hac vice motion granted for Michael T Reynolds on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
06/27/2018
Remark: Pro hac vice motion granted for Karin A DeMasi on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
424
06/25/2018
NOTICE TO FILER OF DEFICIENCY re: 422 MOTION (APPLICATION) for Substitution of Counsel filed by David Eaglesham, First Solar Incorporated, James Zhu, Michael J Ahearn, Mark R Widmar, Bruce Sohn, Jens Meyerhoff. Document not in compliance with LRCiv 83.3(b). Incorrect event selected: Notice of Attorney Appearance/Substitution - USA found in the Other Filings, Notices category. Correct event: Motion to Substitute Attorney found in the Motions and Related Filings, Motions category. Please note, the event you selected is for the use of attorneys employed by the United States of America. The attorneys you added will be removed and the attorneys you terminated will be "unterminated" pending ruling by the Court on the corrected/refiled Motion. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
06/26/2018
Remark: Pro hac vice motion granted for Daniel Slifkin on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
425
06/27/2018
MANDATE of USCA (15-17282) affirming the decision of the district court re: 409 Notice of Interlocutory Appeal filed by David Eaglesham, First Solar Incorporated, Robert J Gillette, Mark R Widmar, Bruce Sohn, Jens Meyerhoff, Michael J Ahearn, James Zhu.
1
Opinion
2
Order
3
Order)(LAD
3 Attachments
426
06/28/2018
RESPONSE to Motion re: 423 MOTION for Hearing or Conference re: Status Conference filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
06/29/2018
Remark: Pro hac vice motion granted for Hillary B Stakem on behalf of British Coal Staff Superannuation Scheme and Mineworkers' Pension Scheme. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
427
07/02/2018
ORDER denying 421 Motion to Stay. The Court concludes that a grant of cert is unlikely. This case has been stayed long enough. Signed by Judge David G Campbell on 7-2-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
428
07/02/2018
ORDER granting 423 Motion for Status Hearing. The Court will hold a status conference on August 2, 2018, at 4:00 PM The parties shall file a joint report five business days before the hearing that sets forth parties' views on the remaining schedule for this case. Signed by Judge David G Campbell on 7-2-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
429
07/03/2018
MOTION to Substitute Attorney by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.
1
Text of Proposed Order Granting Motion for Substitution of Counsel
1 Attachment
430
07/06/2018
ORDER granting 429 Motion to Substitute Attorney. Daniel Slifkin, Michael T. Reynolds and Karin A. DeMasi are substituted as counsel of record for Defendants in place of James P. Bennett, Paul Flum, Jordan Eth, Judson E. Lobdell, Anna Erickson White, Philip T. Besirof, and Mark R.S. Foster. Joseph N. Roth will remain as co-counsel for Defendants. Signed by Judge David G Campbell on 7/6/18.
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