US District Court Civil Docket as of April 3, 2013 Retrieved from the court on June 24, 2013

Eastern District of Washington U.S. District Court (Spokane)

CIVIL DOCKET FOR CASE #: 2:09-cv-00368-EFS

City of Roseville Employees Retirement System v. Sterling Date Filed: 12/11/2009 Financial Corporation et al Jury Demand: Plaintiff Assigned to: Senior Judge Edward F. Shea Nature of Suit: 850 related Case: 2:10-cv-00018-EFS Securities/Commodities Cause: 15:78m(a) Securities Exchange Act Jurisdiction: Federal Question

Date Filed

# Docket Text

12/11/2009 1 COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against all defendants ( Filing fee $ 350; Receipt # SPO010193). Summons issued. Jury Demand. Filed by City of Roseville Employees Retirement System. (Attachments: # 1 Attachment, # 2 Civil Cover Sheet)(PL, Case Administrator) (Entered: 12/11/2009)

01/05/2010

NOTICE of Appearance by Barry M Kaplan on behalf of all defendants (Kaplan, Barry) (Entered: 01/05/2010)

01/05/2010

NOTICE of Appearance by Douglas W Greene on behalf of all defendants (Greene, Douglas) (Entered: 01/05/2010)

02/01/2010 4 ACKNOWLEDGEMENT OF SERVICE Executed on Behalf of Defendant Harold B. Gilkey Acknowledgement filed by City of Roseville Employees Retirement System. (Attachments: # 1 Exhibit A - Correspondence re Acceptance of Service, # 2 Certificate of Service)(Barth, Karl) (Entered: 02/01/2010)

02/01/2010 5 SUMMONS Returned Executed by City of Roseville Employees Retirement System re Daniel G Byrne. (Attachments: # 1 Certificate of Service)(Barth, Karl) (Entered: 02/01/2010)

02/01/2010 6 SUMMONS Returned Executed by City of Roseville Employees Retirement System re Sterling Financial Corporation. (Attachments: # 1 Certificate of Service)(Barth, Karl) (Entered: 02/01/2010)

02/09/2010 7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel by City of Roseville Employees Retirement System. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Barth, Karl) (Entered: 02/09/2010)

02/09/2010 8 NOTICE of Hearing on Motion Oral Argument Requested re 7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel : Motion Hearing set for 3/24/2010 03:30 PM in Spokane before Judge Edward F. Shea. (Barth, Karl) (Entered: 02/09/2010)

02/09/2010 9 DECLARATION by Karl P. Barth in Support re 7 MOTION to Appoint Counsel City

of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by City of Roseville Employees Retirement System. (Attachments: # 1 Exhibit A - Notice dated 12/11/2009, # 2 Exhibit B - Sworn Certification, # 3 Exhibit C - Purchase and Loss History, # 4 Exhibit D - Resume of Coughlin Stoia Geller Rudman and Robbins, # 5 Exhibit E - Resume of Lovell Mitchell & Barth, LLP)(Barth, Karl) (Entered: 02/09/2010)

02/26/2010 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Sterling Financial Corporation. (Kaplan, Barry) (Entered: 02/26/2010)

02/26/2010 11 STATEMENT re 7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel by All Defendants. (Kaplan, Barry) (Entered: 02/26/2010)

03/01/2010 12 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re 7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel : DUE TO SCHEDULING CONFLICTS WITH THE COURT'S CALENDAR the Motion Hearing currently set for 3/24/2010 is RESET for 3/19/2010 10:00 AM in Spokane before Judge Edward F. Shea. (DB, Courtroom Deputy) (Entered: 03/01/2010)

03/04/2010 13 NOTICE by City of Roseville Employees Retirement System re 7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel of Non-Opposition and Request to Vacate Hearing (Attachments: # 1 Text of Proposed Order)(Wilcox, Bryce) (Entered: 03/04/2010)

03/09/2010 14 ORDER GRANTING 7 PLAINTIFF'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF COUNSEL - Appointed Bryce James Wilcox as liason counsel and Eli R Greenstein, Darren I Robbins and Tricia L McCormick as lead counsel for City of Roseville Employees Retirement System, which is hereby appointed as lead plaintiff. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 03/09/2010)

03/11/2010 15 ORDER: On March 9, 2010, the Court approved lead and liaison counsel for Plaintiff. Liaison counsel Bryce Wilcox with Lukins & Annis is an admitted member of the Eastern District of Washington bar. Lead counsel, however, is not. Lead counsel is to take the necessary steps to either seek admission or participate pro hac vice. LR 83.2. Counsel are warned that unless they become counsel of record they will not receive notices of electronic filings. Because Hagens Berman is no longer seeking to serve as liaison counsel in this matter, Karl Barth will be terminated as counsel of record in this matter upon the filing of a notice of withdrawal. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 03/11/2010)

03/12/2010 16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150. by All Defendants. (Attachments: # 1 Text of Proposed Order)(Greene, Douglas) (Entered: 03/12/2010)

03/12/2010 17 NOTICE of Hearing on Motion re 16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150. : Motion Hearing set for 3/12/2010 06:30 PM in

I Spokane before Judge Edward F. Shea. (Greene, Douglas) (Entered: 03/12/2010)

03/12/2010 18 MEMORANDUM re 16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150., 17 Notice of Hearing on Motion by All Defendants. (Greene, Douglas) (Entered: 03/12/2010)

03/12/2010 19 DECLARATION by Gregory L. Watts in Support re 16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150. filed by All Defendants. (Greene, Douglas) (Entered: 03/12/2010)

03/12/2010 20 NOTICE of Appearance by Britton F Davis on behalf of All Defendants (Davis, Britton) (Entered: 03/12/2010)

03/12/2010 Payment Received: Receipt #SPO010769 in the amount of $150.00 from Karen Weiland, Wilson, Sonsini, Goodrich & Rosati re Pro Hac Filing Fee for Gregory L. Watts. (PL, Case Administrator) (Entered: 03/12/2010)

03/16/2010 21 MOTION to Appear Pro Hac Vice re Attorney: Eli R. Greenstein and S. Ashar Ahmed. Filing fee $ 150, receipt number 0980-838974. by City of Roseville Employees Retirement System. (Attachments: # 1 Affidavit of Eli R. Greenstein, # 2 Affidavit of S. Ashar Ahmed, # 3 Text of Proposed Order)(Wilcox, Bryce) (Entered: 03/16/2010)

03/16/2010 22 NOTICE of Hearing on Motion re 21 MOTION to Appear Pro Hac Vice re Attorney: Eli R. Greenstein and S. Ashar Ahmed. Filing fee $ 150, receipt number 0980-838974. : Motion Hearing set for 3/17/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Wilcox, Bryce) (Entered: 03/16/2010)

03/16/2010 Payment Received: Receipt #SPO010799 in the amount of $150.00 from Bryce J. Wilcox re Pro Hac Vice Fee for S. Ashar Ahmed. (PL, Case Administrator) (Entered: 03/16/2010)

03/18/2010 23 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE ; granting 21 Motion for Leave to Appear Pro Hac Vice. Added Attorneys S Ashar Ahmed and Eli Greenstein for City of Roseville Employees Retirement System. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 03/18/2010)

03/18/2010 24 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE ; granting 16 Motion for Leave to Appear Pro Hac Vice. Added Attorney Gregory L Watts for Daniel G Byrne, Harold B Gilkey and for Sterling Financial Corporation. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 03/18/2010)

03/30/2010 25 NOTICE by City of Roseville Employees Retirement System NOTICE OF FIRM NAME CHANGE (Greenstein, Eli) (Entered: 03/30/2010)

04/14/2010 26 Stipulated MOTION for Extension of Time to File Amended Complaint and Motion to Dismiss by All Defendants. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kaplan, Barry) (Entered: 04/14/2010)

04/14/2010 27 NOTICE of Hearing on Motion re 26 Stipulated MOTION for Extension of Time to File Amended Complaint and Motion to Dismiss : Motion Hearing set for 4/14/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry) (Entered: 04/14/2010)

04/16/2010 28 STIPULATED ORDER FOR THE CONSOLIDATED COMPLAINT AND MOTION

TO DISMISS; granting 26 Stipulated Motion to Set Schedule for the Consolidated Complaint and Motion to Dismiss. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 04/16/2010)

06/18/2010 29 AMENDED COMPLAINT Consolidated Complaint for Violation of the Federal Securities Laws against Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. Jury Demand. Filed by City of Roseville Employees Retirement System. (Attachments: # 1 Exhibit A)(Greenstein, Eli) (Entered: 06/18/2010)

06/29/2010 30 SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for 8/3/2010 09:30 AM in Telephonic Argument before Judge Edward F. Shea. (Attachments: # 1 Consent to Magistrate form)(DB, Courtroom Deputy) (Entered: 06/29/2010)

07/20/2010 31 Stipulated MOTION to Continue August 3, 2010 Scheduling Conference by City of Roseville Employees Retirement System. (Attachments: # 1 Text of Proposed Order)(Greenstein, Eli) (Entered: 07/20/2010)

07/20/2010 32 Order GRANTING the parties' Stipulation and Joint Motion Requesting Continuance of August 3, 2010 Scheduling Conference 31 . The Court STRIKES the August 3, 2010 scheduling conference; if necessary, a scheduling conference will be reset after the Court hears Defendants' motion to dismiss. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 07/20/2010)

08/03/2010 33 Stipulated MOTION for Extension of Time to File Response/Reply as to 29 Amended Complaint, by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Text of Proposed Order)(Kaplan, Barry) (Entered: 08/03/2010)

08/03/2010 34 NOTICE of Hearing on Motion re 33 Stipulated MOTION for Extension of Time to File Response/Reply as to 29 Amended Complaint, : Motion Hearing set for 8/3/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry) (Entered: 08/03/2010)

08/03/2010 35 Order GRANTING the Stipulated Motion to Extend the Schedule for Responding to the Consolidated Complaint 33 . The Court finds good cause to grant an extension of the motion filing deadline in light of defense counsel's unexpected scheduling conflict and new factual allegations in the amended consolidated complaint that encompass an additional nine-month period. Accordingly, the Court grants the stipulated motion. However, the parties are warned that the Court will not further extend these deadlines; accordingly, counsel shall schedule their calendars accordingly. Defendants shall file their motion to dismiss the complaint no later than August 30, 2010. Lead Plaintiff shall file its opposition to Defendants' motion to dismiss no later than October 29, 2010. Defendants' reply shall be filed no later than December 3, 2010. Signed by Judge Edward F. Shea. THIS IS A TEXT ONLY ENTRY. NO PDF TO FOLLOW. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy) (Entered: 08/03/2010)

08/23/2010 37 NOTICE of Change of Address by Bryce James Wilcox (Wilcox, Bryce) (Entered: 08/23/2010)

08/24/2010 38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend

Page Limit by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Text of Proposed Order)(Kaplan, Barry) (Entered: 08/24/2010)

08/24/2010 39 NOTICE of Hearing on Motion re 38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend Page Limit : Motion Hearing set for 8/26/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry) (Entered: 08/24/2010)

08/24/2010 40 MEMORANDUM in Support re 38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend Page Limit filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 08/24/2010)

08/24/2010 41 DECLARATION by Gregory L. Watts in Support re 38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend Page Limit filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 08/24/2010)

08/24/2010 42 MOTION to Expedite Hearing on Defendants' Unopposed Motion to Extend Page Limits by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Text of Proposed Order)(Kaplan, Barry) (Entered: 08/24/2010)

08/24/2010 43 NOTICE of Hearing on Motion re 42 MOTION to Expedite Hearing on Defendants' Unopposed Motion to Extend Page Limits : Motion Hearing set for 8/26/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry) (Entered: 08/24/2010)

08/24/2010 44 MEMORANDUM in Support re 42 MOTION to Expedite Hearing on Defendants' Unopposed Motion to Extend Page Limits filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 08/24/2010)

08/24/2010 45 Order GRANTING IN PART Defendants' Unopposed Motion to Extend the Page Limits for Responding to the Consolidated Complaint 38 and related Motion to Expedite 42 . The Court previously allowed Defendants to file a 45-page memorandum in support of their motion to dismiss. Defendants now seek leave to file a 55-page memorandum. The Court determines that 50 pages is sufficient to allow Defendants to fully present their motion to dismiss. Likewise, Plaintiffs' response may be 50 pages. Defendants' reply shall not exceed 30 pages. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 08/24/2010)

08/30/2010 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Defendants' Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws)(Greene, Douglas) (Entered: 08/30/2010)

08/30/2010 47 NOTICE of Hearing on Motion re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : Motion Hearing set for 1/26/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Greene, Douglas) INCORRECTLY DOCKETED - NOTICE CORRECTLY REFILED UNDER CT REC 49 Modified on 9/1/2010 (CV, Case Administrator). (Entered: 08/30/2010)

08/30/2010 48 MEMORANDUM of Points and Authorities in Support re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Greene, Douglas) (Entered: 08/30/2010)

08/30/2010 49 NOTICE of Hearing on Motion Oral Argument Requested re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : Motion Hearing set for 1/26/2011 09:00 AM in Spokane before Judge Edward F. Shea. (Greene, Douglas) (Entered: 08/30/2010)

08/30/2010 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Greene, Douglas) (Entered: 08/30/2010)

DECLARATION by Douglas W. Greene in Support re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Exhibit A pg 7-13, # 2 Exhibit B pg 14-17, # 3 Exhibit C pg 18-26, # 4 Exhibit D pg 27-30, # 5 Exhibit E pg 31-33, # 6 Exhibit F pg 34-37, # 7 Exhibit G pg 38-41, # 8 Exhibit H pg 42-43, # 9 Exhibit I pg 44-47, # 10 Exhibit J pg 48-51, # 11 Exhibit K pg 52-53, # 12 Exhibit L pg 54-55, # 13 Exhibit M pg 56-61, # 14 Exhibit N pg 62-66, # 15 Exhibit O pg 67-71, # 16 Exhibit P pg 72-74, # 17 Exhibit Q pg 75-92, # 18 Exhibit R pg 93-107, # 19 Exhibit S pg 108-115, # 20 Exhibit T pg 116-123, # 21 Exhibit U pg 124-129, # 22 Exhibit V pg 130-139, # 23 Exhibit W pg 140-150, # 24 Exhibit X pg 151-155, # 25 Exhibit Y pg 156-159, # 26 Exhibit Z pg 160-163, # 27 Exhibit AA pg 164-166, # 28 Exhibit BB pg 167-179)(Greene, Douglas) (Entered: 08/30/2010)

APPENDIX re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Appendix Exhibit 1 pg 4-6, # 2 Appendix Exhibit 2 pg 7-12, # 3 Appendix Exhibit 3 pg 13-15, # 4 Appendix Exhibit 4 pg 16-31, # 5 Appendix Exhibit 5 pg 32-48, # 6 Appendix Exhibit 6 pg 49-54, # 7 Appendix Exhibit 7 pg 55-69, # 8 Appendix Exhibit 8 pg 70-73, # 9 Appendix Exhibit 9 pg 74-87, # 10 Appendix Exhibit 10 pg 88-104, # 11 Appendix Exhibit 11 pg 105-111, # 12 Appendix Exhibit 12 pg 112-130)(Greene, Douglas) (Entered: 08/30/2010)

NOTICE of Hearing on Motion Oral Argument Requested re 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : Motion Hearing set for 1/26/2011 09:00 AM in Spokane before Judge Edward F. Shea. (Greene, Douglas) (Entered: 08/31/2010)

08/30/2010 51

08/30/2010 52

08/31/2010

53

10/29/2010 54 MEMORANDUM of Points and Authorities in Opposition re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by City of Roseville Employees Retirement System. (Greenstein, Eli) (Entered: 10/29/2010)

I I 10/29/2010 55 MEMORANDUM of Points and Authorities in Opposition re 50 MOTION REQUEST

FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by City of Roseville Employees Retirement System. (Greenstein, Eli) (Entered: 10/29/2010)

12/03/2010 56 REPLY MEMORANDUM re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Appendix Supplemental Appendix, # 2 Exhibit Exhibit 13, # 3 Exhibit Exhibit 14, # 4 Exhibit Exhibit 15)(Kaplan, Barry) (Entered: 12/03/2010)

12/03/2010 57 DECLARATION by Britton F. Davis in Support re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws in Support of Defendants' Reply filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Exhibit Exhibit CC, # 2 Exhibit Exhibit DD, # 3 Exhibit Exhibit EE, # 4 Exhibit Exhibit FF, # 5 Exhibit Exhibit GG, # 6 Exhibit Exhibit HH, # 7 Exhibit Exhibit II, # 8 Exhibit Exhibit JJ)(Kaplan, Barry) (Entered: 12/03/2010)

12/03/2010 58 REPLY MEMORANDUM re 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 12/03/2010)

12/03/2010 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum, by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Notice of Hearing, # 2 Text of Proposed Order)(Kaplan, Barry) (Entered: 12/03/2010)

12/06/2010 60

NOTICE of Hearing on Motion Oral Argument Requested re 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum, : Motion Hearing set for 1/26/2011 09:00 AM in Spokane before Judge Edward F. Shea. (Kaplan, Barry) (Entered: 12/06/2010)

12/21/2010 61 NOTICE OF WITHDRAWAL OF COUNSEL by Britton F Davis on behalf of Defendants Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation (Davis, Britton) (Entered: 12/21/2010)

12/27/2010 62 MEMORANDUM of Points and Authorities in Opposition re 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56

Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum, filed by City of Roseville Employees Retirement System. (Ahmed, S) (Entered: 12/27/2010)

12/29/2010 63 NOTICE OF WITHDRAWAL OF COUNSEL by Douglas W Greene on behalf of Defendants Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation (Greene, Douglas) (Entered: 12/29/2010)

01/03/2011 64 REPLY MEMORANDUM re 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum, filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 01/03/2011)

01/04/2011 65 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws , 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,, 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : DUE TO SCHEDULING CONFLICTS WITH THE COURT'S TRIAL CALENDAR Motion Hearing currently set for 1/6/2011 in Spokane is RESET for 1/26/2011 01:30 PM in RICHLAND before Judge Edward F. Shea. (DB, Courtroom Deputy) (Entered: 01/04/2011)

01/05/2011 66 MOTION to Appear Pro Hac Vice re Attorney: Brian Danitz. Filing fee $ 150, receipt number SPO012847. by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Kaplan, Barry) (Entered: 01/05/2011)

01/05/2011 67 MEMORANDUM in Support re 66 MOTION to Appear Pro Hac Vice re Attorney: Brian Danitz. Filing fee $ 150, receipt number SPO012847. filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 01/05/2011)

01/05/2011 68 DECLARATION by Brian Danitz in Support re 66 MOTION to Appear Pro Hac Vice re Attorney: Brian Danitz. Filing fee $ 150, receipt number SPO012847. filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 01/05/2011)

01/05/2011 69 NOTICE of Hearing on Motion re 66 MOTION to Appear Pro Hac Vice re Attorney:

Brian Danitz. Filing fee $ 150, receipt number SPO012847. : Motion Hearing set for 2/4/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry) (Entered: 01/05/2011)

01/06/2011 70 NOTICE of Appearance of Stephanie L. Jensen by Stephanie Lynn Jensen on behalf of Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation (Jensen, Stephanie) (Entered: 01/06/2011)

01/19/2011 71

01/19/2011 72

NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws , 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,, 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : DUE TO SCHEDULING CONFLICTS WITH THE COURT'S TRIAL CALENDAR Motion Hearing currently set for 01/26/11 is RESET for 2/24/2011 01:30 PM in Richland before Judge Edward F. Shea. (DB, Courtroom Deputy) (Entered: 01/19/2011)

NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws , 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,, 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : DUE TO SCHEDULING CONFLICTS WITH COUNSEL'S SCHEDULE Motion Hearing currently set for 02/24/2011 is RESET for 3/2/2011 01:30 PM in Spokane before Judge Edward F. Shea. (DB, Courtroom Deputy) (Entered: 01/19/2011)

02/01/2011 73 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE ; granting 66 Motion for Leave to Appear Pro Hac Vice. Added Attorney Brian Danitz for Daniel G Byrne, Harold B Gilkey and Sterling Financial Corporation. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 02/01/2011)

02/23/2011 74 Order advising counsel that the Court will give each side twenty-five minutes to argue their position relating to Defendants' Motion to Dismiss 46 and ten minutes relating to

Defendants' requests for judicial notice 50 59 during the March 2, 2011 hearing. Signed by Judge Edward F. Shea. THIS IS A TEXT ONLY ENTRY. NO PDF TO FOLLOW. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy) (Entered: 02/23/2011)

02/23/2011 75 ORDER requiring lead counsel to either seek admission to the Eastern District of Washington bar or participate pro hac vice. Notwithstanding the Court's March 11, 2010 Order 15 , which required lead counsel to take the necessary steps to either seek admission or participate pro hac vice, neither Darren Robbins nor Tricia McCormick have done so. They were reminded of this Local Rule 83.2 requirement by letter dated August 3, 2010 36 . Accordingly, if Mr. Robbins and Ms. McCormick desire to continue as counsel in this matter, they must apply for admission or pro hac vice status no later than March 2, 2011 . THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 02/23/2011)

03/01/2011 76 NOTICE OF WITHDRAWAL OF COUNSEL by Bryce James Wilcox on behalf of Plaintiff City of Roseville Employees Retirement System (Wilcox, Bryce) Modified on 3/1/2011 WRONG PDF ATTACHED - PRAECIPE TO BE FILED (CV, Case Administrator). (Entered: 03/01/2011)

03/01/2011 77 Praecipe filed by All Plaintiffs : Re 76 Notice of Withdrawal of Counsel Darren Robbins and Trica McCormick . (Wilcox, Bryce) (Entered: 03/01/2011)

03/02/2011 78 Minute Entry for proceedings held before Judge Edward F. Shea: Motion Hearing held on 3/2/2011 re 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re 56 Reply Memorandum, filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey, 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey, 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey. (Reported/Recorded by: Mark A. Snover) (DB, Courtroom Deputy) (Entered: 03/02/2011)

04/08/2011 79 MOTION to Appear Pro Hac Vice re Attorney: Christopher P. Seefer. Filing fee $ 150, receipt number SPO013539. by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Wilcox, Bryce) Modified on 4/8/2011 to correct receipt number (PL, Case Administrator). (Entered: 04/08/2011)

04/08/2011 80 DECLARATION by Christopher P. Seefer in Support re 79 MOTION to Appear Pro Hac Vice re Attorney: Christopher P. Seefer. Filing fee $ 150, receipt number SPO01359. filed by All Plaintiffs. (Wilcox, Bryce) (Entered: 04/08/2011)

04/21/2011 81 ORDER granting 79 Motion for Leave to Appear Pro Hac Vice. Added Attorney Christopher P Seefer for City of Roseville Employees Retirement System. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 04/21/2011)

04/27/2011 82 NOTICE OF WITHDRAWAL OF COUNSEL by Bryce James Wilcox on behalf of Plaintiff City of Roseville Employees Retirement System (Wilcox, Bryce) (Entered: 04/27/2011)

08/17/2011 83 NOTICE by City of Roseville Employees Retirement System Notice of Request by Plaintiff to Submit Final Decision in Derivative Action (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Seefer, Christopher) (Entered: 08/17/2011)

08/24/2011 84 RESPONSE re 83 Notice (Other) of Request by Plaintiff to Submit Final Decision in Derivative Action by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 08/24/2011)

05/02/2012 85 NOTICE by City of Roseville Employees Retirement System Plaintiffs' Inquiry Regarding the Status ofDefendants' Pending Motion to Dismiss (Seefer, Christopher) (Entered: 05/02/2012)

05/02/2012 86 NOTICE OF WITHDRAWAL OF COUNSEL by Christopher Paul Seefer on behalf of Plaintiff City of Roseville Employees Retirement System (Seefer, Christopher) (Entered: 05/02/2012)

05/03/2012 87 RESPONSE re 85 Notice (Other) Response to Plaintiff's Inquiry Regarding Status of Defendants' Motion to Dismiss by All Defendants. (Kaplan, Barry) (Entered: 05/03/2012)

05/29/2012 88 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff City of Roseville Employees Retirement System. Attorney Bryce J. Wilcox is withdrawing. Michael James Hines is substituted as counsel for Plaintiff. (Hines, Michael) (Entered: 05/29/2012)

05/31/2012 89 NOTICE of Association of Counsel by Laura J Black on behalf of City of Roseville Employees Retirement System (Black, Laura) (Entered: 05/31/2012)

08/15/2012 90 ORDER: The Court anticipates entering an Order on the pending Defendants' Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws 46 and motions for judicial notice 50 59 in September. Each party may file a supplemental memorandum (limited to 10 pages) on the pending motions no later than August 31, 2012 ; no responses or replies shall be filed. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator) (Entered: 08/15/2012)

08/31/2012 91 MEMORANDUM in Support re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws (Supplemental) filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry) (Entered: 08/31/2012)

09/07/2012 92 NOTICE by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation re 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws (Notice of Supplemental Authority) (Attachments: # 1 Exhibit A)(Kaplan, Barry) (Entered: 09/07/2012)

10/04/2012

93

ORDER: A criminal case, which the Court had anticipated would resolve in pleas, proceeded to trial. The evidentiary portion of the three-week criminal trial ended, and the jury is deliberating. The Court will soon resume work on the pending motions in the Sterling cases and expects to have a decision in the next three weeks. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator) (Entered: 10/04/2012)

01/29/2013 94 NOTICE by City of Roseville Employees Retirement System re 54 Memorandum of Points and Authorities in Opposition to 46 Motion to Dismiss - Plaintiff's Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Seefer, Christopher) Modified on 1/30/2013 to link to motion (CV, Case Administrator). (Entered: 01/29/2013)

04/03/2013 95 ORDER: The Court is presently reviewing a draft of its Order addressing Defendants' pending motion to dismiss, ECF No. 46 , and motions for judicial notice, ECF Nos. 50 & 59 ; however, the Court does not anticipate that that the Order will be entered before the Court begins a complex, six-week criminal jury trial on April 15, 2013. The Court will consider the matter during the trial as time permits and expects to enter a final order by no later than mid-June. Should either party believe that the Court's March 29, 2013 Order approving the preliminary settlement in In re Sterling Financial Corp. ERISA Litig., No. CV-10-0018-EFS, ECF No. 104, has a bearing on the pending motion to dismiss, that party may file a memorandum, not to exceed five (5) pages, by no later than April 17, 2013 . The opposing party may file a response or joinder to any such memorandum, not to exceed five (5) pages, by no later than May 1, 2013 . No other filings are permitted on this topic. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator) (Entered: 04/03/2013)

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