U.S. District Court California Northern District (Oakland) CIVIL...

US District Court Civil Docket as of June 26, 2019 Retrieved from the court on June 26, 2019

U.S. District Court California Northern District (Oakland)

CIVIL DOCKET FOR CASE #: 4:14-cv-00360-CW

Cooper v. Thoratec Corporation et al Assigned to: Hon. Claudia Wilken Case in other court: Ninth Circuit Court of Appeals, 15-17369Cause: 15:78m(a) Securities Exchange Act

Date Filed: 01/24/2014 Date Terminated: 06/25/2019 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff

Bradley Cooper individually and on behalf of all others similarly situated

represented by Jeremy A Lieberman Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Louis C. Ludwig Pomerantz LLP 10 South LaSalle Street, Suite 3505 Chicago, IL 60603 312-377-1181 Fax: 312-377-1184 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrick V. Dahlstrom Pomerantz LLP 10 South LaSalle Street, Suite 3505 Chicago, IL 60603 (312) 377-1181 Fax: (312) 377-1184 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Leigh H Smollar

Pomerantz LLP 10 South LaSalle Suite 3505 Chicago, IL 60603 312-377-1181 Fax: 312-377-1184 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Lesley F. Portnoy Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Lionel Z. Glancy Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067-2722 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Mark Bryan Goldstein Walker Morton LLP Two Prudential Plaza 180 North Stetson Avenue 47th Floor Chicago, IL 60601 3124712900 Email: [email protected] TERMINATED: 01/14/2016 Michael M. Goldberg Goldberg Law PC 3700 The Strand Manhattan Beach, CA 90266 800-977-7401 Fax: 800-536-0065 Email: [email protected] TERMINATED: 07/31/2015 Robert Vincent Prongay

Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Todd Labak represented by Patrick V. Dahlstrom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Louis C. Ludwig (See above for address) ATTORNEY TO BE NOTICED Leigh H Smollar (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Thoratec Corporation represented by Colleen Carlton Smith Latham and Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 858-523-5400 Fax: 858-523-5450 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Amanda Marie Betsch LATHAM AND WATKINS LLP 12670 High Bluff Drive San Diego, CA 92130 858-523-5400 Fax: 858-523-5450 Email: [email protected] ATTORNEY TO BE NOTICED Anna Elizabeth Berces Latham and Watkins LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 415-391-0600

Fax: 415-395-8095 Email: [email protected] ATTORNEY TO BE NOTICED Julian Wonjung Park Kobre & Kim LLP 150 California Street 19th Floor San Francisco, CA 94111 415 582 4752 Email: [email protected] TERMINATED: 06/03/2015 Katherine Ann Rykken Latham and Watkins LLP 355 South Grand Avenue Los Angeles, CA 90071 213-485-1234 Email: [email protected] TERMINATED: 11/07/2017 Matthew Rawlinson Latham & Watkins LLP 140 Scott Drive Menlo Park, CA 94025 (650) 328-4600 Fax: (650) 463 2600 Email: [email protected] ATTORNEY TO BE NOTICED Nada Labib Boutros Latham & Watkins LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 415-646-7843 Fax: 415-395-8095 Email: [email protected] ATTORNEY TO BE NOTICED Patrick Edward Gibbs Cooley LLP 3175 Hanover Street Palo Alto, CA 94304 (650) 843-5000 Fax: (650) 849-7400 Email: [email protected] TERMINATED: 11/16/2017 Susan E. Engel Latham & Watkins LLP

555 Eleventh Street, N.W. Suite 1000 Washington, DC 20004 202-637-2200 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Gerhard F. Burbach represented by Colleen Carlton Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Amanda Marie Betsch (See above for address) ATTORNEY TO BE NOTICED Anna Elizabeth Berces (See above for address) ATTORNEY TO BE NOTICED Julian Wonjung Park (See above for address) TERMINATED: 06/03/2015 Katherine Ann Rykken (See above for address) TERMINATED: 11/07/2017 Matthew Rawlinson (See above for address) ATTORNEY TO BE NOTICED Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED Patrick Edward Gibbs (See above for address) TERMINATED: 11/16/2017 Susan E. Engel (See above for address) ATTORNEY TO BE NOTICED

Defendant

Taylor C. Harris represented by Colleen Carlton Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amanda Marie Betsch (See above for address) ATTORNEY TO BE NOTICED Anna Elizabeth Berces (See above for address) ATTORNEY TO BE NOTICED Julian Wonjung Park (See above for address) TERMINATED: 06/03/2015 Katherine Ann Rykken (See above for address) TERMINATED: 11/07/2017 Matthew Rawlinson (See above for address) ATTORNEY TO BE NOTICED Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED Patrick Edward Gibbs (See above for address) TERMINATED: 11/16/2017 Susan E. Engel (See above for address) ATTORNEY TO BE NOTICED

Defendant

Roxanne Oulman TERMINATED: 01/20/2015

represented by Julian Wonjung Park (See above for address) TERMINATED: 06/03/2015 Patrick Edward Gibbs (See above for address) TERMINATED: 11/16/2017

Defendant

David V. Smith represented by Colleen Carlton Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Amanda Marie Betsch (See above for address)

ATTORNEY TO BE NOTICED Anna Elizabeth Berces (See above for address) ATTORNEY TO BE NOTICED Julian Wonjung Park (See above for address) TERMINATED: 06/03/2015 Katherine Ann Rykken (See above for address) TERMINATED: 11/07/2017 Matthew Rawlinson (See above for address) ATTORNEY TO BE NOTICED Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED Patrick Edward Gibbs (See above for address) TERMINATED: 11/16/2017 Susan E. Engel (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/24/2014 1 COMPLAINT [Class Action Complaint for Violations of the Federal Securities Laws] against Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, Thoratec Corporation ( Filing fee $ 400, receipt number 0971-8319937.). Filed byBradley Cooper. (Attachments: # 1 Civil Cover Sheet)(Glancy, Lionel) (Filed on 1/24/2014) (Entered: 01/24/2014)

01/24/2014 2 Proposed Summons. (Glancy, Lionel) (Filed on 1/24/2014) (Entered: 01/24/2014)

01/24/2014 3 Certification of Lionel Z. Glancy Pursuant to Northern District Civil Local Rule 3-7(d) by Bradley Cooper. (Glancy, Lionel) (Filed on 1/24/2014) Modified on 1/27/2014 (cpS, COURT STAFF). (Entered: 01/24/2014)

01/24/2014 4 Case assigned to Hon. Claudia Wilken.

Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all

other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.

Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 1/24/2014) (Entered: 01/24/2014)

01/27/2014 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/16/2014. Case Management Conference set for 4/23/2014 02:00 PM. (cpS, COURT STAFF) (Filed on 1/27/2014) (Entered: 01/27/2014)

01/27/2014 6 Summons Issued as to Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, Thoratec Corporation. (cpS, COURT STAFF) (Filed on 1/27/2014) (Entered: 01/27/2014)

02/25/2014 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8401909.) filed by Bradley Cooper. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Certificate/Proof of Service)(Lieberman, Jeremy) (Filed on 2/25/2014) (Entered: 02/25/2014)

02/25/2014 8 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8401998.) filed by Bradley Cooper. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Certificate/Proof of Service)(Portnoy, Lesley) (Filed on 2/25/2014) (Entered: 02/25/2014)

02/28/2014 9 ORDER by Judge Claudia Wilken Granting 7 Motion for Pro Hac Vice for Lieberman, Jeremy. (ndr, COURT STAFF) (Filed on 2/28/2014) (Entered: 02/28/2014)

02/28/2014 10 ORDER by Judge Claudia Wilken Granting 8 Motion for Pro Hac Vice for Portnoy, Lesley (ndr, COURT STAFF) (Filed on 2/28/2014) (Entered: 02/28/2014)

03/25/2014 11 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Bradley Cooper. Motion Hearing set for 5/1/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 4/8/2014. Replies due by 4/15/2014. (Attachments: # 1 Proposed Order)(Goldberg, Michael) (Filed on 3/25/2014) (Entered: 03/25/2014)

03/25/2014 12 Declaration of Michael Goldberg in Support of 11 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byBradley Cooper. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Movant Certification, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Pomerantz Firm Resume, # 5 Exhibit E - Glancy Firm Resume)(Related document(s) 11 ) (Goldberg, Michael) (Filed on 3/25/2014) (Entered: 03/25/2014)

03/26/2014 13 CLERKS NOTICE. Notice is hereby given that counsel must re-notice not re-file the 11 motion to appoint lead plaintiff and lead counsel to an available Thursday. Hearing date of May 1, 2014, is vacated. The previous briefing schedule remains in effect.

(This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 3/26/2014) (Entered: 03/26/2014)

03/26/2014 14 RE-NOTICE re 11 MOTION to Appoint Lead Plaintiff and Lead Counsel by Bradley Cooper (Goldberg, Michael) (Filed on 3/26/2014) Modified on 3/27/2014 (cpS, COURT STAFF). (Entered: 03/26/2014)

03/27/2014 Set/Reset Deadlines as to 11 MOTION to Appoint Lead Plaintiff and Lead Counsel . Motion Hearing set for 5/15/2014 02:00 PM before Hon. Claudia Wilken. (cpS, COURT STAFF) (Filed on 3/27/2014) (Entered: 03/27/2014)

03/28/2014 15 WAIVER OF SERVICE Returned Executed filed by Bradley Cooper. Service waived by Gerhard F. Burbach waiver sent on 3/21/2014, answer due 5/20/2014; Taylor C. Harris waiver sent on 3/21/2014, answer due 5/20/2014; Roxanne Oulman waiver sent on 3/21/2014, answer due 5/20/2014; Thoratec Corporation waiver sent on 3/21/2014, answer due 5/20/2014. (Prongay, Robert) (Filed on 3/28/2014) (Entered: 03/28/2014)

04/02/2014 16 STIPULATION WITH PROPOSED ORDER Continuing the Case Management Conference filed by Bradley Cooper, Thoratec Corporation, Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman. (Prongay, Robert) (Filed on 4/2/2014) Modified on 4/3/2014 (cpS, COURT STAFF). (Entered: 04/02/2014)

04/04/2014 17 ORDER by Judge Claudia Wilken Granting 16 Stipulation Continuing the Case Management Conference. (ndr, COURT STAFF) (Filed on 4/4/2014) (Entered: 04/04/2014)

04/09/2014 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8518661.) filed by Bradley Cooper. (Attachments: # 1 Exhibit Certificate of Good Standing)(Smollar, Leigh) (Filed on 4/9/2014) (Entered: 04/09/2014)

04/09/2014 19 Response Memorandum in Further Support of re 11 MOTION to Appoint Lead Plaintiff and Lead Counsel and Notice of Non-Opposition] filed byBradley Cooper. (Related document(s) 11 ) (Goldberg, Michael) (Filed on 4/9/2014) Modified on 4/10/2014 (cpS, COURT STAFF). (Entered: 04/09/2014)

04/10/2014 20 Order granting 18 Motion for Pro Hac Vice entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 04/10/2014)

04/21/2014 21 ORDER by Judge Claudia Wilken Granting 11 Motion to Appoint Lead Plaintiff and Lead Counsel. (ndr, COURT STAFF) (Filed on 4/21/2014) (Entered: 04/21/2014)

04/22/2014 22 STIPULATION WITH PROPOSED ORDER SETTING SCHEDULE FOR FILING CONSOLIDATED AMENDED COMPLAINT AND RESPONSES filed by Bradley Cooper, Thoratec Corporation, et al. (Smollar, Leigh) (Filed on 4/22/2014) Modified on 4/23/2014 (cpS, COURT STAFF). (Entered: 04/22/2014)

04/23/2014 23 Order granting 22 Stipulation entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 04/23/2014)

04/24/2014 Reset Deadlines (See Docket No. 23 ): Answer/Motions due by 8/19/2014. Responses due by 10/3/2014. Replies due by 11/3/2014. (ndr, COURT STAFF) (Filed on 4/24/2014) (Entered: 04/24/2014)

05/05/2014 24 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8588819.) filed by Bradley Cooper. (Attachments: # 1 Exhibit COGS)(Goldstein, Mark) (Filed on 5/5/2014) (Entered: 05/05/2014)

05/07/2014 25 Order granting 24 Motion for Pro Hac Vice entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/07/2014)

06/18/2014 26 NOTICE of Appearance by Patrick Edward Gibbs on Behalf of Defendants Pursuant to Civil L.R. 5-1(c)(2) (Gibbs, Patrick) (Filed on 6/18/2014) (Entered: 06/18/2014)

06/18/2014 27 NOTICE of Appearance by Julian Wonjung Park on Behalf of Defendants Pursuant to Civil L.R. 5-1(c)(2) (Park, Julian) (Filed on 6/18/2014) (Entered: 06/18/2014)

06/20/2014 28 AMENDED COMPLAINT [Amended Class Action Complaint for Violations of the Federal Securities Laws] against Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, Thoratec Corporation, David V. Smith. Filed byBradley Cooper. (Smollar, Leigh) (Filed on 6/20/2014) (Entered: 06/20/2014)

06/27/2014 29 WAIVER OF SERVICE Returned Executed filed by Bradley Cooper. Service waived by David V. Smith waiver sent on 6/24/2014, answer due 8/25/2014. (Goldberg, Michael) (Filed on 6/27/2014) (Entered: 06/27/2014)

07/02/2014 30 NOTICE of Appearance by Patrick Edward Gibbs on Behalf of Defendant David V. Smith Pursuant to Civil L.R. 5-1(c)(2) (Gibbs, Patrick) (Filed on 7/2/2014) (Entered: 07/02/2014)

07/02/2014 31 NOTICE of Appearance by Julian Wonjung Park on Behalf of Defendant David V. Smith Pursuant to Civil L.R. 5-1(c)(2) (Park, Julian) (Filed on 7/2/2014) (Entered: 07/02/2014)

08/15/2014 32 Defendant Thoratec Corporations Corporate Disclosure Statement [Fed. R. Civ. P. 7.1] by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation (Gibbs, Patrick) (Filed on 8/15/2014) Modified on 8/18/2014 (cpS, COURT STAFF). (Entered: 08/15/2014)

08/15/2014 33 Certificate of Interested Entities by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation Defendants Certification of Interested Entities or Persons [Civil L.R. 3-15] (Gibbs, Patrick) (Filed on 8/15/2014) (Entered: 08/15/2014)

08/18/2014 Electronic filing error. Names of interested entities or persons were not entered. Please re-file in its entirety Re: 33 Certificate of Interested Entities, filed by Thoratec Corporation, Taylor C. Harris, David V. Smith, Gerhard F. Burbach, Roxanne Oulman (cpS, COURT STAFF) (Filed on 8/18/2014) (Entered: 08/18/2014)

08/18/2014 34 Certificate of Interested Entities by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation identifying Other Affiliate American International Group, Inc., Other Affiliate Endurance Specialty Holdings, Ltd., Other Affiliate Berkshire Hathaway Specialty Insurance, Other Affiliate Old Republic Insurance Company for David V. Smith, Gerhard F. Burbach, Roxanne Oulman, Taylor C. Harris, Thoratec Corporation. (Gibbs, Patrick) (Filed on 8/18/2014) (Entered: 08/18/2014)

08/19/2014 35 MOTION to Dismiss the Amended Class Action Complaint filed by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. Motion Hearing set for 11/20/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 9/2/2014. Replies due by 9/9/2014. (Attachments: # 1 Proposed Order GRANTING DEFENDANTS MOTION TO DISMISS THE AMENDED CLASS ACTION COMPLAINT)(Gibbs, Patrick) (Filed on 8/19/2014) (Entered: 08/19/2014)

08/19/2014 36 Request for Judicial Notice re 35 MOTION to Dismiss the Amended Class Action Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Proposed Order Granting DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS THE AMENDED CLASS ACTION COMPLAINT)(Related document(s) 35 ) (Gibbs, Patrick) (Filed on 8/19/2014) (Entered: 08/19/2014)

08/19/2014 37 Declaration of JULIAN W. PARK in Support of 35 MOTION to Dismiss the Amended Class Action Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10-14)(Related document(s) 35 ) (Gibbs, Patrick) (Filed on 8/19/2014) (Entered: 08/19/2014)

08/21/2014 Reset Deadlines (see docket no. 23 ) as to 35 MOTION to Dismiss the Amended Class Action Complaint: Responses due by 10/3/2014; Replies due by 11/3/2014. (ndr, COURT STAFF) (Filed on 8/21/2014) (Entered: 08/21/2014)

10/03/2014 38 RESPONSE (re 35 MOTION to Dismiss the Amended Class Action Complaint ) filed byBradley Cooper. (Smollar, Leigh) (Filed on 10/3/2014) Modified on 10/6/2014 (cpS, COURT STAFF). (Entered: 10/03/2014)

10/03/2014 39 RESPONSE to re 36 Request for Judicial Notice, and Partial Opposition by Bradley Cooper. (Smollar, Leigh) (Filed on 10/3/2014) (Entered: 10/03/2014)

11/03/2014 40 REPLY (re 35 MOTION to Dismiss the Amended Class Action Complaint ) filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Gibbs, Patrick) (Filed on 11/3/2014) (Entered: 11/03/2014)

11/03/2014 41 Reply in support of Request for Judicial Notice re 35 MOTION to Dismiss the Amended Class Action Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Related document(s) 35 ) (Gibbs, Patrick) (Filed on 11/3/2014) Modified on 11/4/2014 (cpS, COURT STAFF). (Entered: 11/03/2014)

11/20/2014 42 Minute Entry for proceedings held before Hon. Claudia Wilken: 35 Motion to Dismiss Hearing held on 11/20/2014. Time: 2:04-2:38. Court Reporter: Diane

Skillman. Plaintiff Attorney: Patrick Dahlstrom; Leigh Smoller. Defendant Attorney: David Lehman; Julian Park; Patrick Gibbs. The motion is argued and submitted by the parties, and GRANTED by the Court with leave to amend the complaint by 1/20/2015. The Court directs counsel to outline the actionable false statements; truths; and dates in the amended complaint. The Court directs counsel to submit a redlined version of the amended complaint. Counsel for Defendant indicates that he will file a motion to dismiss the amended complaint. Parties may submit a stipulation and order to change the briefing schedule on the motion to dismiss. Court states that the motion to dismiss will be decided on the papers. A case management conference will be set if necessary. Written order to follow. (This is a text only minute entry, there is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 11/20/2014) (Entered: 11/20/2014)

11/21/2014 43 TRANSCRIPT ORDER by Bradley Cooper for Court Reporter Diane Skillman. (Smollar, Leigh) (Filed on 11/21/2014) (Entered: 11/21/2014)

11/21/2014 44 TRANSCRIPT ORDER by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation for Court Reporter Diane Skillman. (Gibbs, Patrick) (Filed on 11/21/2014) (Entered: 11/21/2014)

11/25/2014 45 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Defendants' Motion to Dismiss filed by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation, Bradley Cooper. (Park, Julian) (Filed on 11/25/2014) Modified on 11/25/2014 (cpS, COURT STAFF). (Entered: 11/25/2014)


11/26/2014 47 ORDER by Judge Wilken granting 35 Motion to Dismiss (cwlc3, COURT STAFF) (Filed on 11/26/2014) (Entered: 11/26/2014)

12/02/2014 48 Transcript of Proceedings held on November 20, 2014, before Judge Claudia Wilken. Court Reporter Diane E. Skillman, Telephone number 510-451-2930, [email protected], [email protected]. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 43 Transcript Order, 44 Transcript Order ) Release of Transcript Restriction set for 3/2/2015. (Related documents(s) 43 , 44 ) (Skillman, Diane) (Filed on 12/2/2014) (Entered: 12/02/2014)

01/20/2015 49 SECOND AMENDED COMPLAINT with jury demand against All Defendants. Filed by Bradley Cooper, Todd Labak. (Attachments: # 1 Exhibit)(Smollar, Leigh) (Filed on 1/20/2015) Modified on 1/21/2015 (kcS, COURT STAFF). (Entered: 01/20/2015)

01/20/2015 50 NOTICE of Substantive Changes by Bradley Cooper, Todd Labak re 49 Amended Complaint. (Smollar, Leigh) (Filed on 1/20/2015) Modified on 1/21/2015 (kcS, COURT STAFF). (Entered: 01/20/2015)

03/23/2015 51 MOTION to Dismiss the Second Amended Complaint filed by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. Motion Hearing set for 7/9/2015 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 4/6/2015. Replies due by 4/13/2015. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss the Second Amended Complaint)(Gibbs, Patrick) (Filed on 3/23/2015) (Entered: 03/23/2015)

03/23/2015 52 Request for Judicial Notice re 51 MOTION to Dismiss the Second Amended Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Proposed Order Granting Defendants' Request for Judicial Notice in support of their Motion to Dismiss the Second Amended Complaint)(Related document(s) 51 ) (Gibbs, Patrick) (Filed on 3/23/2015) (Entered: 03/23/2015)

03/23/2015 53 Declaration of Julian W. Park in Support of 51 MOTION to Dismiss the Second Amended Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Related document(s) 51 ) (Gibbs, Patrick) (Filed on 3/23/2015) (Entered: 03/23/2015)

03/23/2015 54 EXHIBITS re 53 Declaration in Support, Julian W. Park in support of Defendants' Motion to Dismiss the Second Amended Comlaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15)(Related document(s) 53 ) (Gibbs, Patrick) (Filed on 3/23/2015) (Entered: 03/23/2015)

03/23/2015 55 EXHIBITS re 53 Declaration in Support, Julian W. Park in support of Defendants' Motion to Dismiss the Second Amended Comlaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 22, # 8 Exhibit 23)(Related document(s) 53 ) (Gibbs, Patrick) (Filed on 3/23/2015) (Entered: 03/23/2015)

03/23/2015 56 EXHIBITS re 53 Declaration in Support, Julian W. Park in support of Defendants' Motion to Dismiss the Second Amended Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Exhibit 24, # 2 Exhibit 25, # 3 Exhibit 26, # 4 Exhibit 27, # 5 Exhibit 28, # 6 Exhibit 29, # 7 Exhibit 30)(Related document(s) 53 ) (Gibbs, Patrick) (Filed on 3/23/2015) (Entered: 03/23/2015)

03/25/2015 Set/Reset Deadlines as to 51 MOTION to Dismiss the Second Amended Complaint. Responses due by 5/22/2015. Replies due by 6/22/2015. Refer to 46 Order granting Stipulation Regarding Briefing Schedule for Defendants' Motion to Dismiss. (mklS, COURT STAFF) (Filed on 3/25/2015) (Entered: 03/25/2015)

04/07/2015 57 STIPULATION WITH PROPOSED ORDER to reset hearing date re 51 MOTION to Dismiss the Second Amended Complaint filed by Bradley Cooper, Thoratec Corporation, et al. (Smollar, Leigh) (Filed on 4/7/2015) Modified on 4/8/2015 (cpS, COURT STAFF). (Entered: 04/07/2015)


04/07/2015 Set/Reset Deadlines as to 51 MOTION to Dismiss the Second Amended Complaint. Motion Hearing set for 7/30/2015 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. (tmi, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/07/2015)

05/05/2015 59 NOTICE by Bradley Cooper of Firm Name Change (Prongay, Robert) (Filed on 5/5/2015) (Entered: 05/05/2015)

05/22/2015 60 RESPONSE (re 51 MOTION to Dismiss the Second Amended Complaint ) filed byBradley Cooper. (Smollar, Leigh) (Filed on 5/22/2015) (Entered: 05/22/2015)

05/22/2015 61 RESPONSE to re 52 Request for Judicial Notice, by Bradley Cooper. (Smollar, Leigh) (Filed on 5/22/2015) (Entered: 05/22/2015)

06/03/2015 62 NOTICE of Withdrawal of Counsel by Julian Wonjung Park (Park, Julian) (Filed on 6/3/2015) Modified on 6/4/2015 (cpS, COURT STAFF). (Entered: 06/03/2015)

06/22/2015 63 REPLY (re 51 MOTION to Dismiss the Second Amended Complaint ) filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Gibbs, Patrick) (Filed on 6/22/2015) (Entered: 06/22/2015)

06/22/2015 64 REPLY Memorandum in Support of Their Request For Judicial Notice filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Gibbs, Patrick) (Filed on 6/22/2015) Modified on 6/23/2015 (cpS, COURT STAFF). (Entered: 06/22/2015)

06/22/2015 65 Supplemental Request for Judicial Notice In Support of Their Reply in Support of Defendants' Motion to Dismiss the Second Amended Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Gibbs, Patrick) (Filed on 6/22/2015) Modified on 6/23/2015 (cpS, COURT STAFF). (Entered: 06/22/2015)

06/22/2015 66 Declaration of Patrick E. Gibbs in Support of 63 Reply to Opposition/Response of Their Motion to Dismiss the Second Amended Complaint filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Attachments: # 1 Exhibit 30-33, # 2 Exhibit 34, # 3 Exhibit 35, # 4 Exhibit 36-45)(Related document(s) 63 ) (Gibbs, Patrick) (Filed on 6/22/2015) (Entered: 06/22/2015)

06/22/2015 67 Proposed Order re 65 Request for Judicial Notice, Granting Defendants' Supplemental Request for Judicial Notice in Support of Their Reply in Support of Defendants' Motion to Dismiss the Second Amended Complaint by Gerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Gibbs, Patrick) (Filed on 6/22/2015) (Entered: 06/22/2015)

07/02/2015 68 MOTION to Strike 65 Request for Judicial Notice, filed by Bradley Cooper. Motion Hearing set for 7/30/2015 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 7/16/2015. Replies due by 7/23/2015. (Smollar, Leigh) (Filed on 7/2/2015) (Entered: 07/02/2015)

07/14/2015 69 CLERK'S NOTICE. Notice is hereby given that the Court, on its own motion, shall take the 51 Motion to Dismiss and 68 Motion to Strike under submission on the papers. The hearing previously scheduled for Thursday, July 30, 2015 at 2:00 p.m., is vacated. (This is a text only docket entry, there is no document associated with this notice.) (mklS, COURT STAFF) (Filed on 7/14/2015) (Entered: 07/14/2015)

07/16/2015 70 RESPONSE (re 68 MOTION to Strike 65 Request for Judicial Notice, ) filed byGerhard F. Burbach, Taylor C. Harris, Roxanne Oulman, David V. Smith, Thoratec Corporation. (Gibbs, Patrick) (Filed on 7/16/2015) (Entered: 07/16/2015)

07/23/2015 71 REPLY (re 68 MOTION to Strike 65 Request for Judicial Notice, ) filed byBradley Cooper. (Smollar, Leigh) (Filed on 7/23/2015) (Entered: 07/23/2015)

07/31/2015 72 NOTICE by Bradley Cooper of Withdrawal of Michael M. Goldberg as Counsel (Prongay, Robert) (Filed on 7/31/2015) (Entered: 07/31/2015)

11/10/2015 73 ORDER DISMISSING SECOND AMENDED COMPLAINT WITHOUT LEAVE TO AMEND by Hon. Claudia Wilken granting 51 Motion to Dismiss. (jebS, COURT STAFF) (Filed on 11/10/2015) (Entered: 11/10/2015)

11/10/2015 74 CLERK'S JUDGMENT in favor of defendants against plaintiffs. (jebS, COURT STAFF) (Filed on 11/10/2015) (Entered: 11/12/2015)

12/02/2015 75 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Bradley Cooper, Todd Labak. Appeal of Order on Motion to Dismiss 73 (Appeal fee of $505 receipt number 0971-10033378 paid.) (Smollar, Leigh) (Filed on 12/2/2015) (Entered: 12/02/2015)

12/02/2015 76 USCA Case Number 15-17369 Ninth Circuit Court of Appeals for 75 Notice of Appeal filed by Todd Labak, Bradley Cooper. (cjlS, COURT STAFF) (Filed on 12/2/2015) (Entered: 12/02/2015)

01/14/2016 77 ** Please disregard, incorrectly filed. See docket no. 78 for corrected entry*** MOTION to Withdraw as Attorney filed by Bradley Cooper. Responses due by 1/28/2016. Replies due by 2/4/2016. (Goldstein, Mark) (Filed on 1/14/2016) Modified on 1/15/2016 (jebS, COURT STAFF). (Entered: 01/14/2016)

01/14/2016 78 NOTICE of Withdrawal of Attorney by Bradley Cooper (Goldstein, Mark) (Filed on 1/14/2016) Modified on 1/15/2016 (cpS, COURT STAFF). (Entered: 01/14/2016)

01/20/2016 79 Transcript Designation Form for proceedings held on 11/20/2014 before Judge Claudia Wilken, (Smollar, Leigh) (Filed on 1/20/2016) (Entered: 01/20/2016)

03/17/2016 80 NOTICE of Appearance by Colleen Carlton Smith (Smith, Colleen) (Filed on 3/17/2016) (Entered: 03/17/2016)

03/17/2016 81 NOTICE of Appearance by Katherine Ann Rykken (Rykken, Katherine) (Filed on 3/17/2016) (Entered: 03/17/2016)

03/17/2016 82 NOTICE of Appearance by Amanda Marie Betsch (Betsch, Amanda) (Filed on 3/17/2016) (Entered: 03/17/2016)

03/17/2016 83 NOTICE of Change of Address by Patrick Edward Gibbs (Gibbs, Patrick) (Filed on 3/17/2016) (Entered: 03/17/2016)

10/04/2017 84 USCA Memorandum: Reversed and Remanded as to 75 Notice of Appeal filed by Todd Labak, Bradley Cooper (cpS, COURT STAFF) (Filed on 10/4/2017) (Entered: 10/04/2017)

10/26/2017 85 MANDATE of USCA as to 75 Notice of Appeal filed by Todd Labak, Bradley Cooper (cp, COURT STAFF) (Filed on 10/26/2017) (Entered: 10/26/2017)

10/31/2017 86 CLERK'S NOTICE. You are hereby notified that a Case Management Conference is set for 11/28/2017 at 2:30 pm. A joint case management statement is due by 11/21/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 10/31/2017) (Entered: 10/31/2017)

11/07/2017 87 NOTICE of Change In Counsel by Colleen Carlton Smith (Withdrawal of Katherine A. Rykken (Smith, Colleen) (Filed on 11/7/2017) (Entered: 11/07/2017)

11/07/2017 88 NOTICE of Appearance by Matthew Rawlinson (Rawlinson, Matthew) (Filed on 11/7/2017) (Entered: 11/07/2017)

11/07/2017 89 NOTICE of Appearance by Anna Elizabeth Berces (Berces, Anna) (Filed on 11/7/2017) (Entered: 11/07/2017)

11/10/2017 90 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11869335.) filed by Bradley Cooper. (Attachments: # 1 Exhibit Certificate of Good Standing)(Ludwig, Louis) (Filed on 11/10/2017) (Entered: 11/10/2017)

11/16/2017 91 NOTICE of Withdrawal of Counsel by Patrick Edward Gibbs (Gibbs, Patrick) (Filed on 11/16/2017) Modified on 11/17/2017 (cpS, COURT STAFF). (Entered: 11/16/2017)

11/21/2017 92 JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Gerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation, Bradley Cooper. (Smith, Colleen) (Filed on 11/21/2017) Modified on 11/22/2017 (cpS, COURT STAFF). (Entered: 11/21/2017)

11/27/2017 93 Order by Judge Claudia Wilken granting 90 Motion for Pro Hac Vice by Louis Ludwig.(dtmS, COURT STAFF) (Filed on 11/27/2017) (Entered: 11/27/2017)

11/28/2017 94 Supplemental Certificate of Interested Entities by Gerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation identifying Other Affiliate American International Group Inc, Other Affiliate Hudson Insurance Group, Other Affiliate Chubb Limited, Other Affiliate Liberty International Underwriters Inc., Other Affiliate Old Republic Insurance Company for David V. Smith, Gerhard F. Burbach, Taylor C. Harris, Thoratec Corporation. (Smith, Colleen) (Filed on 11/28/2017) Modified on 11/29/2017 (cpS, COURT STAFF). (Entered: 11/28/2017)

11/28/2017 95 Minute Entry for proceedings held before Judge Claudia Wilken: Further Case Management Conference held on 11/28/2017. Amended Pleadings due by 5/1/2018. Class Certification Motion set for 5/1/2018 at 02:30 PM. Close of Fact Discovery by 5/13/2019. Designation of Experts by 6/7/2019. Rebuttal Experts by 7/15/2019. Close of Expert Discovery by 8/15/2019. Dispositive Motion Hearing and Further Case Management Conference set for 12/17/2019 02:30 PM. Pretrial Conference set for 3/10/2020 02:30 PM. Jury Selection and Jury Trial set for 3/23/2020 08:30 AM through 4/03/2020. Court Reporter: Sarah Goekler. (dtmS, COURT STAFF) (Date Filed: 11/28/2017) (Entered: 12/01/2017)

12/04/2017 96 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11921866.) filed by Bradley Cooper. (Attachments: # 1 Exhibit Certificate of Good Standing)(Dahlstrom, Patrick) (Filed on 12/4/2017) (Entered: 12/04/2017)

12/06/2017 97 Order by Judge Claudia Wilken granting 96 Motion for Pro Hac Vice by Patrick Dahlstrom.(dtmS, COURT STAFF) (Filed on 12/6/2017) (Entered: 12/06/2017)

01/15/2018 98 MOTION to Certify Class filed by Bradley Cooper, Todd Labak. Motion Hearing set for 5/1/2018 02:30 PM in Courtroom 2, 4th Floor, Oakland before Judge Claudia Wilken. Responses due by 3/15/2018. Replies due by 4/16/2018. (Attachments: # 1 Proposed Order)(Ludwig, Louis) (Filed on 1/15/2018) (Entered: 01/15/2018)

01/15/2018 99 Declaration of Louis C. Ludwig in Support of 98 MOTION to Certify Class filed byBradley Cooper, Todd Labak. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 98 ) (Ludwig, Louis) (Filed on 1/15/2018) (Entered: 01/15/2018)

01/26/2018 100 ANSWER to Amended Complaint byGerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation. (Smith, Colleen) (Filed on 1/26/2018) (Entered: 01/26/2018)

02/21/2018 101 STIPULATION WITH PROPOSED ORDER Regarding Briefing for Plaintiffs' Motion for Class Certification filed by Gerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation, Bradley Cooper. (Smith, Colleen) (Filed on 2/21/2018) Modified on 2/22/2018 (cpS, COURT STAFF). (Entered: 02/21/2018)

02/26/2018 102 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Plaintiffs' Motion for Class Certification filed by Gerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation, Bradley Cooper. (Smith, Colleen) (Filed on 2/26/2018) Modified on 2/27/2018 (cpS, COURT STAFF). (Entered: 02/26/2018)

02/28/2018 103 ORDER by Judge Claudia Wilken granting 102 Revised Stipulation re Briefing Schedule for Motion for Class Certification. (dtmS, COURT STAFF) (Filed on 2/28/2018) (Entered: 02/28/2018)

02/28/2018 Set/Reset Deadlines as to 98 MOTION to Certify Class . Responses due by 3/29/2018. Replies due by 4/16/2018. (dtmS, COURT STAFF) (Filed on 2/28/2018) (Entered: 02/28/2018)

03/16/2018 104 MOTION for leave to appear in Pro Hac Vice for Susan E. Engel ( Filing fee $ 310, receipt number 0971-12195207.) filed by Gerhard F. Burbach, Taylor C. Harris,

David V. Smith, Thoratec Corporation. (Engel, Susan) (Filed on 3/16/2018) (Entered: 03/16/2018)

03/21/2018 105 Order by Judge Claudia Wilken granting 104 Motion for Pro Hac Vice by Susan E. Engel.(dtmS, COURT STAFF) (Filed on 3/21/2018) (Entered: 03/21/2018)

03/29/2018 106 OPPOSITION/RESPONSE (re 98 MOTION to Certify Class ) filed byGerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation. (Rawlinson, Matthew) (Filed on 3/29/2018) (Entered: 03/29/2018)

03/29/2018 107 Declaration of Matthew Rawlinson in Support of 106 Opposition/Response to Motion for Class Certification filed byGerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation. (Attachments: # 1 Ex. 1 - Farrell Report, # 2 Ex. 2 - Nye Deposition Excerpts, # 3 Ex. 3 - Labak Deposition Excerpts)(Related document(s) 106 ) (Rawlinson, Matthew) (Filed on 3/29/2018) (Entered: 03/29/2018)

03/30/2018 108 STIPULATION WITH PROPOSED ORDER re Protective Order filed by Gerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation, Bradley Cooper. (Smith, Colleen) (Filed on 3/30/2018) Modified on 4/2/2018 (cpS, COURT STAFF). (Entered: 03/30/2018)

04/02/2018 109 STIPULATED PROTECTIVE ORDER. Signed by Judge Claudia Wilken on 4/2/2018.(dtmS, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)

04/11/2018 110 MOTION for Leave to File Excess Pages for Reply Memorandum of Law in Support of Class Certification filed by Bradley Cooper, Todd Labak. (Attachments: # 1 Proposed Order)(Ludwig, Louis) (Filed on 4/11/2018) (Entered: 04/11/2018)

04/16/2018 111 ***DOCUMENT RE-FILED AT DKT. # 113 ***

REPLY in Support of (re 98 MOTION to Certify Class ) filed byBradley Cooper, Todd Labak. (Ludwig, Louis) (Filed on 4/16/2018) Modified on 4/17/2018 (cpS, COURT STAFF). Modified on 4/18/2018 (cpS, COURT STAFF). (Entered: 04/16/2018)

04/16/2018 112 Declaration of Louis C. Ludwig in Support of 98 MOTION to Certify Class filed byBradley Cooper, Todd Labak. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 98 ) (Ludwig, Louis) (Filed on 4/16/2018) Modified on 4/17/2018 (cpS, COURT STAFF). (Entered: 04/16/2018)

04/17/2018 113 REPLY (re 98 MOTION to Certify Class ) CORRECTION OF DOCKET # 111 filed byBradley Cooper, Todd Labak. (Ludwig, Louis) (Filed on 4/17/2018) (Entered: 04/17/2018)

04/17/2018 114 Order by Judge Claudia Wilken granting 110 Motion for Leave to File Excess Pages.(dtmS, COURT STAFF) (Filed on 4/17/2018) (Entered: 04/17/2018)

05/01/2018 117 Minute Entry for proceedings held before Judge Claudia Wilken: Motion to Certify Class Hearing held on 5/1/2018. Court Reporter: Diane Skillman. (dtmS, COURT STAFF) (Date Filed: 5/1/2018) (Entered: 05/04/2018)

05/02/2018 115 TRANSCRIPT ORDER for proceedings held on 05/01/2018 before Judge Claudia Wilken by Gerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation, for Court Reporter Diane Skillman. (Rawlinson, Matthew) (Filed on 5/2/2018) (Entered: 05/02/2018)

05/02/2018 116 TRANSCRIPT ORDER for proceedings held on 05/01/2018 before Judge Claudia Wilken by Bradley Cooper, Todd Labak, for Court Reporter Diane Skillman. (Dahlstrom, Patrick) (Filed on 5/2/2018) (Entered: 05/02/2018)

05/04/2018 118 Transcript of Proceedings held on May 1, 2018, before Judge Claudia Wilken. Court Reporter Diane E. Skillman, telephone number 925-899-2812, [email protected]. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 115 Transcript Order ) Release of Transcript Restriction set for 8/2/2018. (Related documents(s) 115 ) (Skillman, Diane) (Filed on 5/4/2018) (Entered: 05/04/2018)

05/08/2018 119 Order by Judge Claudia Wilken granting 98 Motion to Certify Class.(dtmS, COURT STAFF) (Filed on 5/8/2018) (Entered: 05/08/2018)

05/09/2018 120 STIPULATION WITH PROPOSED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION filed by Gerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation, Bradley Cooper. (Smith, Colleen) (Filed on 5/9/2018) Modified on 5/9/2018 (cpS, COURT STAFF). (Entered: 05/09/2018)

05/11/2018 121 STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION by Judge Claudia Wilken.(dtmS, COURT STAFF) (Filed on 5/11/2018) (Entered: 05/11/2018)

02/01/2019 122 MOTION for Preliminary Approval Settlement filed by Bradley Cooper, Todd Labak. Motion Hearing set for 3/5/2019 02:30 PM before Judge Claudia Wilken. Responses due by 2/15/2019. Replies due by 2/22/2019. (Attachments: # 1 Stipulation of Settlement, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Smollar, Leigh) (Filed on 2/1/2019) Modified on 2/4/2019 (cpS, COURT STAFF). Modified on 3/10/2019 (cpS, COURT STAFF).

***See also dkt. # 125 Amended Document***

(Entered: 02/01/2019)

03/05/2019 124 Minute Entry for proceedings held before Judge Claudia Wilken: Motion for Preliminary Approval of Class Action Settlement 122 Hearing held on 3/5/2019. Motion for Final Approval of Class Action Settlement Hearing set for 6/25/2019 02:30 PM in Oakland, Courtroom 6, 2nd Floor before Judge Claudia Wilken.Court Reporter: Pamela Batalo-Hebel. (dtmS, COURT STAFF) (Date Filed: 3/5/2019) (Entered: 03/08/2019)

03/07/2019 123 ORDER REGARDING CLASS ACTION SETTLEMENT DOCUMENTS Re 122 . Signed by Judge Claudia Wilken on 3/7/2019. (ndrS, COURT STAFF) (Filed on 3/7/2019) (Entered: 03/07/2019)

03/09/2019 125 STIPULATION OF SETTLEMENT AND EXHIBITS by Bradley Cooper. Amendment to 122 MOTION for Preliminary Approval Settlement . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Smollar, Leigh) (Filed on 3/9/2019) Modified on 5/31/2019 (dtmS, COURT STAFF). (Entered: 03/09/2019)

03/09/2019 126 NOTICE of Filing with Respect to Class Representative Todd Labak re 123 Order filed byBradley Cooper. (Related document(s) 123 ) (Smollar, Leigh) (Filed on 3/9/2019) Modified on 3/10/2019 (cpS, COURT STAFF). (Entered: 03/09/2019)

03/11/2019 127 Declaration of Anna E. Berces Regarding Compliance with 28 U.S.C. §1715 (Class Action Fairness Act) filed byGerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation. (Berces, Anna) (Filed on 3/11/2019) (Entered: 03/11/2019)

03/12/2019 128 PRELIMINARY APPROVAL ORDER by Judge Claudia Wilken. (dtmS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)

03/20/2019 129 Declaration of Anna E. Berces Regarding Compliance with 28 U.S.C. §1715 (Class Action Fairness Act) filed byGerhard F. Burbach, Taylor C. Harris, David V. Smith, Thoratec Corporation. (Berces, Anna) (Filed on 3/20/2019) (Entered: 03/20/2019)

05/28/2019 130 MOTION for Final Approval of the Settlement, Plan of Allocation, Attorneys' Fees and Expenses, and Compensatory Award to the Class Representative filed by Bradley Cooper, Todd Labak. Motion Hearing set for 6/25/2019 02:30 PM in Oakland, Courtroom 6, 2nd Floor before Judge Claudia Wilken. Responses due by 6/11/2019. Replies due by 6/18/2019. (Attachments: # 1 Proposed Order)(Dahlstrom, Patrick) (Filed on 5/28/2019) Modified on 5/29/2019 (cpS, COURT STAFF). (Entered: 05/28/2019)

05/28/2019 131 MOTION for Attorney Fees, and Expenses, and Compensatory Award to the Class Representative filed by Bradley Cooper, Todd Labak. Motion Hearing set for 6/25/2019 02:30 PM in Oakland, Courtroom 6, 2nd Floor before Judge Claudia Wilken. Responses due by 6/11/2019. Replies due by 6/18/2019. (Dahlstrom, Patrick) (Filed on 5/28/2019) Modified on 5/29/2019 (cpS, COURT STAFF). (Entered: 05/28/2019)

05/28/2019 132 Declaration of Leigh Handelman Smollar in Support of the Settlement, Plan of Allocation, Award of Attorneys' Fees and Reimbursement of Expenses, and Compensatory Award to the Class Representative re 130 , 131 filed by Bradley Cooper, Todd Labak. Motion Hearing set for 6/25/2019 02:30 PM in Oakland, Courtroom 6, 2nd Floor before Judge Claudia Wilken. Responses due by 6/11/2019. Replies due by 6/18/2019. (Attachments: # 1 Exhibit 1- Schachter Declaration, # 2 Exhibit 2- Pomerantz Hours and Lodestar, # 3 Exhibit 3- Portnoy Declaration, # 4 Exhibit 4- Pomerantz Expense Report, # 5 Exhibit 5- Labak Declaration)(Dahlstrom, Patrick) (Filed on 5/28/2019) Modified on 5/29/2019 (cpS, COURT STAFF). (Entered: 05/28/2019)

05/28/2019 Electronic filing error. Incorrect event used. Re: 132 MOTION for Settlement Declaration of Leigh Handelman Smollar in Support of the Settlement, Plan of Allocation, Award of Attorneys' Fees and Reimbursement of Expenses, and

Compensatory Award to the Class Representative filed by Todd Labak, Bradley Cooper The correct event is found under Civil Events > Motions and Related Filings > Other Supporting Documents > Declaration in Support (cpS, COURT STAFF) (Filed on 5/28/2019) (Entered: 05/28/2019)

06/04/2019 133 ORDER FOR SUPPLEMENTAL STATEMENT. Signed by Judge Claudia Wilken on 6/4/19. (dtmS, COURT STAFF) (Filed on 6/4/2019) (Entered: 06/04/2019)

06/18/2019 134 REPLY (re 130 MOTION for Final Approval of the Settlement, Plan of Allocation, Attorneys' Fees and Expenses, and Compensatory Award to the Class Representative, 131 MOTION for Attorney Fees, and Expenses, and Compensatory Award to the Class Representative ) filed byTodd Labak. (Attachments: # 1 Declaration Supplemental Declaration)(Smollar, Leigh) (Filed on 6/18/2019) (Entered: 06/18/2019)

06/21/2019 135 Supplemental Declaration of Eric Schachter Regarding Notice Administration filed byTodd Labak.(Smollar, Leigh) (Filed on 6/21/2019) Modified on 6/24/2019 (cpS, COURT STAFF). (Entered: 06/21/2019)

06/25/2019 137 FINAL ORDER AND JUDGMENT by Judge Claudia Wilken granting 130 Motion for Final Approval of Class Action Settlement and 131 Motion for Attorney Fees. (dtmS, COURT STAFF) (Filed on 6/25/2019) (Entered: 06/26/2019)

06/25/2019 138 Minute Entry for proceedings held before Judge Claudia Wilken: Motion Hearing held on 6/25/2019 re 130 MOTION for Final Approval of the Settlement, 131 MOTION for Attorney Fees. FTR Time: 2:31-2:42. (dtmS, COURT STAFF) (Date Filed: 6/25/2019) (Entered: 06/28/2019)

06/26/2019 136 NOTICE of Appearance by Nada Labib Boutros (Boutros, Nada) (Filed on 6/26/2019) (Entered: 06/26/2019)

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