U.S. District Court California Northern District (San Jose...

US District Court Civil Docket as of December 20, 2018 Retrieved from the court on December 20, 2018

U.S. District Court California Northern District (San Jose)

CIVIL DOCKET FOR CASE #: 5:13-cv-01920-EJD

In re Intuitive Surgical Securities Litigation Assigned to: Hon. Edward J. Davila Referred to: Magistrate Judge Virginia K. DeMarchi Relate Case Cases: 5:14-cv-01307-EJD

5:14-cv-00515-EJD

5:14-cv-01384-EJD

5:15-cv-01037-EJD

Case in other court: USCA, 17-80001 Cause: 15:77 Securities Fraud

Date Filed: 04/26/2013 Date Terminated: 12/21/2018 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff

Spencer Abrams Individually and on Behalf of All Others Similarly Situated

represented by Arthur Charles Leahy Robbins Geller Rudman & dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary K. Blasy Robbins Geller Rudman & Dowd LLP 58 South Service Road Suite 200 Melville, NY 11747 631/367-7100 Fax: 631/367-1173 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Shawn A. Williams Robbins Geller Rudman & Dowd LLP One Montgomery Street, Suite 1800 San Francisco, CA 94104 (415) 288-4545 Fax: (415) 288-4534 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED Danielle Suzanne Myers Robbins Geller Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Employees' Retirement System of the State of Hawaii Lead

represented by Alec T Coquin Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0818 Fax: 212-818-0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Carol C. Villegas Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0700 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Christine M. Fox Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0784 Fax: 212-818-0477 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric J. Belfi Labaton Sucharow & Rudoff LLP 140 Broadway New York, NY 10005 212-907-0878 Fax: 212-818-0477 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED Jonathan Gardner Labaton Sucharow LLP 140 Broadway, 34th Floor New York, NY 10005 (212) 907-0700 Fax: (212) 818-0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jonathan M. Plasse Goodkind Labation Rudoff & Sucharow LLP 100 Park Avenue New York, NY 10017 212-907-0700 Email: [email protected] TERMINATED: 07/09/2018 LEAD ATTORNEY Mark S. Arisohn Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0840 Fax: 212-883-7040 Email: [email protected] TERMINATED: 11/19/2018 LEAD ATTORNEY PRO HAC VICE Michael P. Canty Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0863 Fax: 212-818-0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Michael Walter Stocker Hagens Berman Sobol Shapiro LLP 715 Hearst Avenue, Suite 202 Berkeley Berkeley, CA 94710

(510) 725-3000 Fax: (510) 725-3001 Email: [email protected] TERMINATED: 07/09/2018 LEAD ATTORNEY Samuel De Villiers Labaton Sucharow LLP 140 Broadway New York, NY 10005-1108 212-907-0844 Fax: 212-818-0477 Email: [email protected] TERMINATED: 07/09/2018 LEAD ATTORNEY Serena Hallowell Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0700 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Theodore J. Hawkins Labaton Sucharow LLP 140 Broadway New York, NY 10005-1108 212-907-0852 Fax: 212-818-0477 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia Ann Hanawalt Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0700 Email: [email protected] TERMINATED: 08/12/2014 Danielle Suzanne Myers (See above for address) ATTORNEY TO BE NOTICED Danielle Elizabeth Stampley Labaton Sucharow LLP

140 Broadway New York, NY 10005 212-907-0884 Fax: 212-818-0477 Email: [email protected] TERMINATED: 08/12/2014 Ekaterini Maria Polychronopoulos Robbins Geller Rudman and Dowd LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 415-288-4545 Email: [email protected] ATTORNEY TO BE NOTICED Elizabeth Rosenberg Labaton Sucharow LLP 140 Broadway New York, NY 10005 212 907 0889 Fax: 212 818 0477 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Ivo Michael Labar Kerr & Wagstaffe LLP 101 Mission Street, 18th Floor San Francisco, CA 94105 (415) 371-8500 Fax: (415) 371-0500 Email: [email protected] ATTORNEY TO BE NOTICED James Matthew Wagstaffe Wagstaffe, von Loewenfeldt, Busch & Radwick LLP 100 Pine Street, Suite 725 San Francisco San Francisco, CA 94111 415-357-8900 Fax: 415-357-8910 Email: [email protected] ATTORNEY TO BE NOTICED Javier Bleichmar Labaton Sucharow LLP 140 Broadway New York, NY 10005

212-970-0700 Email: [email protected] TERMINATED: 08/12/2014 PRO HAC VICE Nicole M. Zeiss Labaton Sucharow & Rudoff LLP 100 Park Avenue New York, NY 10017 212-907-0700 Fax: 212-818-0477 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Shawn A. Williams (See above for address) ATTORNEY TO BE NOTICED Susannah Ruth Conn Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] ATTORNEY TO BE NOTICED Yah E. Demann Labaton Sucharow LLP 140 Broadway New York, NY 10005-1108 212-907-0877 Fax: 212-818-0477 Email: [email protected] TERMINATED: 07/09/2018

Plaintiff

Greater Pennsylvania Carpenters' Pension Fund

represented by Carol C. Villegas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christine M. Fox (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan Gardner

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael P. Canty (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Michael Walter Stocker (See above for address) TERMINATED: 07/09/2018 LEAD ATTORNEY Serena Hallowell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Theodore J. Hawkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Rosenberg (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ivo Michael Labar (See above for address) ATTORNEY TO BE NOTICED James Matthew Wagstaffe (See above for address) ATTORNEY TO BE NOTICED Nicole M. Zeiss (See above for address) ATTORNEY TO BE NOTICED Shawn A. Williams (See above for address) ATTORNEY TO BE NOTICED Susannah Ruth Conn (See above for address) ATTORNEY TO BE NOTICED

Danielle Suzanne Myers (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Public School Teachers' Pension and Retirement Fund of Chicago

represented by James Matthew Wagstaffe (See above for address) ATTORNEY TO BE NOTICED Jennifer Rae Crutchfield Cotchett Pitre and McCarthy LLP 840 Malcolm Road Suite 200 Burlingame, CA 94010 650-697-6000 Fax: 650-697-0577 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Laurence J Pino represented by Laurence James Pino Pino Nicholson, PLLC P. O. Box 1511 Orlando, FL 32802 407-206-6511 Fax: 407-206-6565 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

Intuitive Surgical, Inc. represented by Alexander Barnes Dryer San Francisco, CA 94111 Email: [email protected] TERMINATED: 03/28/2018 LEAD ATTORNEY Cody Shawn Harris Keker and Van Nest LLP 633 Battery Street San Francisco, CA 94111-1809 415-391-5400 Fax: 415-397-7188 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub

Keker, Van Nest & Peters LLP 633 Battery Street SAN FRANCISCO, CA 94111 415-391-5400 Fax: 415-397-7188 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John Watkins Keker Keker & Van Nest LLP 633 Battery Street San Francisco, CA 94111-1809 415/391-5400 Fax: 415-397-7188 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kate Ellis Lazarus Kwun Bhansali Lazarus 555 Montgomery Street, Suite 750 San Francisco, CA 94111 415-630-2353 Email: [email protected] TERMINATED: 05/02/2018 LEAD ATTORNEY Michael D. Celio Gibson, Dunn & Crutcher LLP 1881 Page Mill Road Palo Alto, CA 94304-1211 650.849.5326 Fax: 650.849.5026 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin Keker, Van Nest & Peters LLP 633 Battery Street San Francisco, CA 94111-1809 415-391-5400 Fax: 415-397-7188 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen Keker and Van Nest LLP

710 Sansome St. SF, CA 94111 415-391-5400 Fax: 415 397-7188 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew Stephen Bruns Keker Van Nest and Peters 633 Battery Street San Francisco, CA 94111 (415) 391-5400 Email: [email protected] TERMINATED: 03/27/2018 Cecily Gwyn Harris Keker, Van Nest & Peters, LLP 633 Battery Street San Francisco, CA 94111 415-962-8809 Fax: 415-397-7188 Email: [email protected] ATTORNEY TO BE NOTICED Laurie Carr Mims Keker Van Nes & Peters LLP 633 Battery Street San Francisco, CA 94111-1809 (415) 391-5400 Fax: (415) 397-7188 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Lonnie Smith represented by Alexander Barnes Dryer (See above for address) TERMINATED: 03/28/2018 LEAD ATTORNEY Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Watkins Keker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew Stephen Bruns (See above for address) TERMINATED: 03/27/2018 Cecily Gwyn Harris (See above for address) ATTORNEY TO BE NOTICED Kate Ellis Lazarus (See above for address) TERMINATED: 05/02/2018 Laurie Carr Mims (See above for address) ATTORNEY TO BE NOTICED

Defendant

Gary Guthart represented by Alexander Barnes Dryer (See above for address) TERMINATED: 03/28/2018 LEAD ATTORNEY Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED John Watkins Keker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew Stephen Bruns (See above for address) TERMINATED: 03/27/2018 Cecily Gwyn Harris (See above for address) ATTORNEY TO BE NOTICED Kate Ellis Lazarus (See above for address) TERMINATED: 05/02/2018 Laurie Carr Mims (See above for address) ATTORNEY TO BE NOTICED

Defendant

Salvatore J. Brogna represented by Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Augusto V. Castello represented by Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Jerome McNamara represented by Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Mark J. Meltzer represented by Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Marshall L. Mohr represented by Alexander Barnes Dryer (See above for address) TERMINATED: 03/28/2018 LEAD ATTORNEY Cody Shawn Harris (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Watkins Keker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew Stephen Bruns (See above for address) TERMINATED: 03/27/2018 Cecily Gwyn Harris (See above for address) ATTORNEY TO BE NOTICED Kate Ellis Lazarus (See above for address) TERMINATED: 05/02/2018 Laurie Carr Mims (See above for address) ATTORNEY TO BE NOTICED

Defendant

Colin Morales represented by Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

David Rosa represented by Cody Shawn Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jo W. Golub (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Celio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Philip James Tassin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reid Patrick Mullen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Movant

Darian Adel 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 Michael M. Goldberg Goldberg Law PC 3700 The Strand Manhattan Beach, CA 90266 800-977-7401 Fax: 800-536-0065 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor

Amber Lambert TERMINATED: 04/22/2015

represented by Amber Lambert #181498 The Center for. Violence Prevention P.O. Box 85880 Pearl, MS 39288 PRO SE

Intervenor

Jonathan Rich TERMINATED: 04/22/2015

represented by Jonathan Rich KX9662 Community Corrections Centers 301 Institution Dr. Bellefonte, PA 16823 PRO SE

Intervenor

Jimmy K. Ann TERMINATED: 04/22/2015

represented by Jimmy K. Ann 518 George Rd Toms River, NJ 08753 PRO SE

Intervenor

James H. Snavely TERMINATED: 04/22/2015

represented by James H. Snavely LQ2452 SCI Benner Township 301 Institution Drive Bellefonte, PA 16823 PRO SE

Date Filed # Docket Text

04/26/2013 1 COMPLAINT (summons issued) against Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith (Filing fee $ 350.). Filed by Spencer Abrams. (cv, COURT STAFF) (Filed on 4/26/2013) Modified on 4/30/2013 (cv, COURT STAFF). (cv, COURT STAFF). (Additional attachment(s) added on 5/1/2013: # 1 Civil Cover Sheet) (cv, COURT STAFF). (Entered: 04/26/2013)

04/26/2013 2 Certificate of Interested Entities by Spencer Abrams (cv, COURT STAFF) (Filed on 4/26/2013) (cv, COURT STAFF). (Entered: 04/26/2013)

04/26/2013 3 Summons Issued as to Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (cv, COURT STAFF) (Filed on 4/26/2013) (Entered: 04/26/2013)

04/26/2013 4 ADR SCHEDULING ORDER: Case Management Statement due by 8/9/2013. Case Management Conference set for 8/16/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose. (Attachments: # 1 Standing Order, # 2 Standing Order, # 3 Standing Order, # 4 Standing Order, # 5 Standing Order)(cv, COURT STAFF) (Filed on 4/26/2013) (Entered: 04/26/2013)

04/26/2013 CASE DESIGNATED for Electronic Filing. (cv, COURT STAFF) (Filed on 4/26/2013) (Entered: 04/26/2013)

06/18/2013 5 NOTICE of Appearance by Michael D. Celio (Celio, Michael) (Filed on 6/18/2013) (Entered: 06/18/2013)

06/18/2013 6 NOTICE of Appearance by Michael D. Celio of Reid P. Mullen (Celio, Michael) (Filed on 6/18/2013) (Entered: 06/18/2013)

06/18/2013 7 STIPULATION REGARDING TIME TO RESPOND TO COMPLAINT filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. Pursuant to Local Rule 6-1(a) Defendants shall not be required to respond to the complaint in this action until 30 days after duly appointed lead plaintiff (as that term is defined in the Private Securities Litigation Reform Act of 1995) either (a) files a consolidated complaint, or (b) notifies defendants in writing that plaintiff does not intend to file a consolidated complaint. (Celio, Michael) (Filed on 6/18/2013) Modified text on 6/19/2013 (ecg, COURT STAFF). (Entered: 06/18/2013)

06/18/2013 8 Certificate of Interested Entities by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith (Celio, Michael) (Filed on 6/18/2013) (Entered: 06/18/2013)

06/18/2013 9 Statement - INTUITIVE SURGICAL, INC.S CORPORATE DISCLOSURE STATEMENT by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin

Morales, David Rosa, Lonnie Smith. (Celio, Michael) (Filed on 6/18/2013) (Entered: 06/18/2013)

06/21/2013 10 NOTICE of Appearance by Danielle Suzanne Myers (Myers, Danielle) (Filed on 6/21/2013) (Entered: 06/21/2013)

06/24/2013 11 MOTION to Relate Case C13 2365 SC filed by Spencer Abrams. (Myers, Danielle) (Filed on 6/24/2013) Modified on 6/25/2013 (cv, COURT STAFF). (Entered: 06/24/2013)

06/24/2013 12 STIPULATION WITH PROPOSED ORDER re 11 MOTION to Relate Case filed by Spencer Abrams. (Myers, Danielle) (Filed on 6/24/2013) (Entered: 06/24/2013)

06/24/2013 13 NOTICE of Appearance by Reid Patrick Mullen CORRECTION OF DOCKET # 6 (Mullen, Reid) (Filed on 6/24/2013) (Entered: 06/24/2013)

06/25/2013 14 MOTION to Consolidate Cases , MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof filed by Employees' Retirement System of the State of Hawaii. Motion Hearing set for 11/22/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 7/9/2013. Replies due by 7/16/2013. (Attachments: # 1 Proposed Order)(Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 15 Declaration of Danielle S. Myers in Support of 14 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof filed byEmployees' Retirement System of the State of Hawaii. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 14 ) (Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 16 Certificate of Interested Entities by Employees' Retirement System of the State of Hawaii identifying Corporate Parent Employees' Retirement System of the State of Hawaii for Employees' Retirement System of the State of Hawaii. (Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 17 CERTIFICATE of Counsel Pursuant to Local Rule 3-7(d) by Danielle Suzanne Myers on behalf of Employees' Retirement System of the State of Hawaii (Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 18 CERTIFICATE of Counsel of Christopher J. Keller Pursuant to Local Rule 3-7(d) by Danielle Suzanne Myers on behalf of Employees' Retirement System of the State of Hawaii (Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 19 CERTIFICATE of Counsel of Eric J. Belfi Pursuant to Local Rule 3-7(d) by Danielle Suzanne Myers on behalf of Employees' Retirement System of the State of Hawaii (Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 20 CERTIFICATE of Counsel of Michael W. Stocker Pursuant to Local Rule 3-7(d) by Danielle Suzanne Myers on behalf of Employees' Retirement System of the State of Hawaii (Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 21 CERTIFICATE of Counsel of Rachel A. Avan Pursuant to Local Rule 3-7(d) by Danielle Suzanne Myers on behalf of Employees' Retirement System of the State of Hawaii (Myers, Danielle) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 22 CERTIFICATE of Counsel Pursuant to Local Rule 3-7(d) by Shawn A. Williams on behalf of Employees' Retirement System of the State of Hawaii (Williams, Shawn) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 23 MOTION to Consolidate Cases , MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Darian Adel. Motion Hearing set for 8/2/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 7/9/2013. Replies due by 7/16/2013. (Attachments: # 1 Proposed Order)(Goldberg, Michael) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 24 Declaration of Michael Goldberg in Support of 23 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel filed byDarian Adel. (Attachments: # 1 Exhibit A: Press Release, # 2 Exhibit B: Certification, # 3 Exhibit C: Loss Chart, # 4 Exhibit D: Firm Resume, # 5 Exhibit E: Firm Resume)(Related document(s) 23 ) (Goldberg, Michael) (Filed on 6/25/2013) (Entered: 06/25/2013)

06/25/2013 Set/Reset Deadlines as to 14 Motion to Appoint Lead Counsel and Lead Plaintiff. Motion Hearing set for 11/22/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 6/25/2013) Modified text on 11/18/2013 (ecg, COURT STAFF). (Entered: 11/18/2013)

06/26/2013 25 CLERKS NOTICE Continuing Motion Hearing. Set/Reset Deadlines as to 23 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel . The briefing schedule remains the same unless otherwise modified by the court. Responses due by 7/9/2013. Replies due by 7/16/2013. Motion Hearing set for 11/22/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 6/26/2013) (Entered: 06/26/2013)

07/02/2013 26 WAIVER OF SERVICE Returned Executed filed by Spencer Abrams. Service waived by Salvatore J. Brogna waiver sent on 6/12/2013, answer due 8/12/2013; Gary Guthart waiver sent on 6/12/2013, answer due 8/12/2013; Jerome McNamara waiver sent on 6/12/2013, answer due 8/12/2013; Marshall L. Mohr waiver sent on 6/12/2013, answer due 8/12/2013; Colin Morales waiver sent on 6/12/2013, answer due 8/12/2013. (Williams, Shawn) (Filed on 7/2/2013) (Entered: 07/02/2013)

07/02/2013 27 SUMMONS Returned Executed by Spencer Abrams. Augusto V. Castello served on 6/8/2013, answer due 7/1/2013; Intuitive Surgical, Inc. served on 6/3/2013, answer due 6/24/2013; Mark J. Meltzer served on 6/5/2013, answer due 6/26/2013; David Rosa served on 6/4/2013, answer due 6/25/2013; Lonnie Smith served on 6/4/2013, answer due 6/25/2013. (Williams, Shawn) (Filed on 7/2/2013) (Entered: 07/02/2013)

07/02/2013 28 RELATED CASE ORDER. 5:13-cv-01920-EJD Abrams v. Intuitive Surgical, Inc. et al and 3:13-cv-02365-SC Adel v. Intuitive Surgical, Inc. et al ARE RELATED. Motions terminated: 12 STIPULATION WITH PROPOSED ORDER re 11 MOTION to Relate Case filed by Spencer Abrams, 11 MOTION to Relate Case filed by Spencer Abrams. Signed by Judge Edward J. Davila on 7/2/2013. (ecg, COURT STAFF) (Filed on 7/2/2013) (Entered: 07/02/2013)

07/02/2013 29 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7819677.) filed by Employees' Retirement System of the State of Hawaii. (Stampley, Danielle) (Filed on 7/2/2013) (Entered: 07/02/2013)

07/03/2013 30 Order Granting 29 Motion for Pro Hac Vice of Danielle E. Stampley for Movant Employees' Retirement System of the State of Hawaii. Signed by Hon. Edward J. Davila on 7/3 /2013.(ecg, COURT STAFF) (Filed on 7/3/2013) (Entered: 07/03/2013)

07/08/2013 31 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7828200.) filed by Employees' Retirement System of the State of Hawaii. (Bleichmar, Javier) (Filed on 7/8/2013) (Entered: 07/08/2013)

07/09/2013 32 Order Granting 31 Motion for Pro Hac Vice for Attorney Javier Bleichmar for Movant Employees' Retirement System of the State of Hawaii. Signed by Hon. Edward J. Davila on 7/9/2013.(ecg, COURT STAFF) (Filed on 7/9/2013) (Entered: 07/09/2013)

07/09/2013 33 Notice of Withdrawal of Motion of Movant Darian Adel (Goldberg, Michael) (Filed on 7/9/2013) (Entered: 07/09/2013)

07/09/2013 34 RESPONSE (re 14 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof ) in Further Support filed byEmployees' Retirement System of the State of Hawaii. (Attachments: # 1 Proposed Order)(Myers, Danielle) (Filed on 7/9/2013) (Entered: 07/09/2013)

07/26/2013 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Joint ADR Certification and Statement Regarding ADR Process (Myers, Danielle) (Filed on 7/26/2013) (Entered: 07/26/2013)

08/07/2013 36 STIPULATION WITH PROPOSED ORDER Regarding Scheduling and Continuation of Case Management Conference filed by Employees' Retirement System of the State of Hawaii. (Myers, Danielle) (Filed on 8/7/2013) (Entered: 08/07/2013)

08/08/2013 37 Order Granting 36 Stipulation Regarding Scheduling and Continuance of Case Management Conference. The 8/16/2013 case management conference and all related case management deadlines shall be continued until after defendants' anticipated motion to dismiss is ruled upon or until such other time as the Court may order. Signed by Hon. Edward J. Davila on 8/8/2013. (ecg, COURT STAFF) (Filed on 8/8/2013) (Entered: 08/08/2013)

08/16/2013 38 NOTICE of Voluntary Dismissal without Prejudice as to All Defendants by Darian Adel (Lieberman, Jeremy) (Filed on 8/16/2013) (Entered: 08/16/2013)

08/20/2013 39 ORDER GRANTING 38 Notice of Voluntary Dismissal filed by Darian Adel. The Clerk shall close this file. Signed by Judge Edward J. Davila on 8/20/2013. (ecg, COURT STAFF) (Filed on 8/20/2013) (Entered: 08/20/2013)

09/12/2013 40 MOTION for leave to appear in Pro Hac Vice for attorney Serena Hallowell ( Filing fee $ 305, receipt number 0971-7996596.) filed by Employees' Retirement System of the State of Hawaii. (Hallowell, Serena) (Filed on 9/12/2013) Modified text to add attorney name on 9/12/2013 (srm, COURT STAFF). (Entered: 09/12/2013)

09/12/2013 41 Order Granting 40 Motion for Pro Hac Vice for Attorney Serena P. Hallowell for Employees' Retirement System State of Hawaii. Signed by Hon. Edward J.

Davila on 9/12/2013.(ecg, COURT STAFF) (Filed on 9/12/2013) (Entered: 09/12/2013)

09/24/2013 42 NOTICE by Employees' Retirement System of the State of Hawaii of Unopposed Motion (Attachments: # 1 Proposed Order)(Myers, Danielle) (Filed on 9/24/2013) (Entered: 09/24/2013)

10/08/2013 43 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8063165.) filed by Employees' Retirement System of the State of Hawaii. (Belfi, Eric) (Filed on 10/8/2013) (Entered: 10/08/2013)

10/08/2013 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8063218.) filed by Employees' Retirement System of the State of Hawaii. (Plasse, Jonathan) (Filed on 10/8/2013) (Entered: 10/08/2013)

10/09/2013 45 Order Granting 43 Motion for Pro Hac Vice for Attorney Eric James Belfi for Employees' Re. Sys. - State of Hawaii. Signed by Hon. Edward J. Davila on 10/9/2013.(ecg, COURT STAFF) (Filed on 10/9/2013) (Entered: 10/09/2013)

10/09/2013 46 Order Granting 44 Motion for Pro Hac Vice for Jonathan Plasse for Employees' Ret. Sys. - State of Hawaii. Signed by Hon. Edward J. Davila on 10/9/2013.(ecg, COURT STAFF) (Filed on 10/9/2013) (Entered: 10/09/2013)

10/11/2013 47 ORDER REOPENING CASE. Having determined this case was inadvertently closed with a properly-closed related case (see Docket Item No. 39 ), the court orders that the clerk shall reopen this file. Signed by Judge Edward J. Davila on 10/9/2013. (ecg, COURT STAFF) (Filed on 10/11/2013) (Entered: 10/11/2013)

10/15/2013 48 AMENDED CLASS ACTION COMPLAINT against All Defendants. Filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Myers, Danielle) (Filed on 10/15/2013) Modified on 11/2/2016 (cv, COURT STAFF). (Entered: 10/15/2013)

10/21/2013 49 NOTICE of Appearance by Susannah Ruth Conn (Conn, Susannah) (Filed on 10/21/2013) (Entered: 10/21/2013)

11/18/2013 50 ORDER GRANTING IN PART AND DENYING IN PART 14 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Employees' Retirement System of the State of Hawaii signed by Judge Edward J. Davila on November 18, 2013. (ejdlc4S, COURT STAFF) (Filed on 11/18/2013) (Entered: 11/18/2013)

11/19/2013 Set Deadlines/Hearings re 50 Order: Joint Case Management Statement due by 1/17/2014. Case Management Conference set for 1/24/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 11/19/2013) (Entered: 11/19/2013)

11/22/2013 51 STIPULATION WITH PROPOSED ORDER re 50 Order, Set Deadlines/Hearings, Joint Response to Court's Order (Dkt. No. 50) and Stipulated [Proposed] Order filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Proposed Order)(Myers, Danielle) (Filed on 11/22/2013) (Entered: 11/22/2013)

11/25/2013 52 Order Granting 51 Stipulation re Briefing Schedule. As provided in the August 8, 2013 Stipulated Order, Defendants' response to the Amended Complaint shall be filed on December 16, 2013; if defendants file a Motion to Dismiss,the Employees' Retirement System of the State of Hawaiis opposition thereto will be filed on January 30, 2014; defendants' reply to their Motion to Dismiss will be filed on February 28, 2014; and The Case Management Conference set for January 24, 2014 at 10:00 a.m. is taken off calendar and is rescheduled for 5/9/2014. Joint Case Management Conference statement due 5/2/2014. Signed by Hon. Edward J. Davila on 11/25/2013.(ecg, COURT STAFF) (Filed on 11/25/2013) (Entered: 11/25/2013)

11/25/2013 Set Deadlines/Hearings re 52 Order: Joint Case Management Statement due by 5/2/2014. Case Management Conference set for 5/9/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 11/25/2013) Modified text on 11/26/2013 (ecg, COURT STAFF). (Entered: 11/25/2013)

12/16/2013 53 MOTION to Dismiss Amended Class Action Complaint filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. Motion Hearing set for 5/9/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 1/30/2014. Replies due by 2/28/2014. (Attachments: # 1 Supplement (Defendants' Request for Judicial Notice), # 2 Proposed Order)(Celio, Michael) (Filed on 12/16/2013) (Entered: 12/16/2013)

12/16/2013 54 *** POSTED IN ERROR *** please see 55 Declaration of Reid P. Mullen filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Related document(s) 53 ) (Celio, Michael) (Filed on 12/16/2013) Modified on 12/18/2013 (cv, COURT STAFF). (Entered: 12/16/2013)

12/16/2013 55 Declaration of Reid P. Mullen in Support of 53 MOTION to Dismiss Amended Class Action Complaint (Correction of Docket # 54 ) filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Related document(s) 53 ) (Mullen, Reid) (Filed on 12/16/2013) Modified on 12/18/2013 (cv, COURT STAFF). (Entered: 12/16/2013)

01/24/2014 56 MOTION for Leave to File Excess Pages for the Opposition to Defendants' Motion to Dismiss filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration, # 2 Proposed Order)(Hallowell, Serena) (Filed on 1/24/2014) (Entered: 01/24/2014)

01/27/2014 57 Order Granting 56 Motion for Leave to File Excess Pages. Lead Plaintiff may file an Opposition to Defendants Motion to Dismiss not exceeding 30 pages. Signed by Hon. Edward J. Davila on 1/27/2014.(ecg, COURT STAFF) (Filed on 1/27/2014) (Entered: 01/27/2014)

01/30/2014 58 RESPONSE (re 53 MOTION to Dismiss Amended Class Action Complaint ) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Conn, Susannah) (Filed on 1/30/2014) (Entered: 01/30/2014)

02/18/2014 59 MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Attachments: # 1 Declaration of Reid Mullen In Support Of Administrative Motion to Consider Whether Cases Should Be Related, # 2 Exhibit A to Mullen Declaration, # 3 Proposed Order, # 4 ERROR *** please see corrected 60 Certificate/Proof of Service) (Golub, Jo) (Filed on 2/18/2014) Modified on 2/18/2014 (cv, COURT STAFF). (Entered: 02/18/2014)

02/18/2014 60 CERTIFICATE OF SERVICE by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith re 59 MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED [REVISED PROOF OF SERVICE] (Golub, Jo) (Filed on 2/18/2014) (Entered: 02/18/2014)

02/25/2014 61 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d in further support of Lead Plaintiff's Opposition to Defendants' Motion to Dismiss filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit (Reese v. Malone))(Related document(s) 58 ) (Myers, Danielle) (Filed on 2/25/2014) (Entered: 02/25/2014)

02/28/2014 62 REPLY (re 53 MOTION to Dismiss Amended Class Action Complaint ) filed bySalvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Attachments: # 1 Exhibit 1)(Celio, Michael) (Filed on 2/28/2014) (Entered: 02/28/2014)

03/03/2014 63 RELATED CASE ORDER. 5:13-cv-01920-EJD In re Intuitive Surgical Securities Litigation and 4:14-cv-00515-YGR Berg v. Guthart et al ARE RELATED. Signed by Judge Edward J. Davila on 2/28/2014. (ecg, COURT STAFF) (Filed on 3/3/2014) (Entered: 03/03/2014)

03/25/2014 64 NOTICE of Appearance by Cody Shawn Harris (Harris, Cody) (Filed on 3/25/2014) (Entered: 03/25/2014)

03/25/2014 65 MOTION to Relate C14-1307 PSG, C13-1920 EJD, C14-505 EJD Cases filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Harris, Cody) (Filed on 3/25/2014) Modified on 3/27/2014 (cv, COURT STAFF). (Entered: 03/25/2014)

03/25/2014 66 Declaration of CODY S. HARRIS IN SUPPORT OF 65 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa,

Lonnie Smith. (Attachments: # 1 Exhibit)(Harris, Cody) (Filed on 3/25/2014) Modified on 3/26/2014 (cv, COURT STAFF). (Entered: 03/25/2014)

03/25/2014 67 Proposed Order 65 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Harris, Cody) (Filed on 3/25/2014) Modified on 3/26/2014 (cv, COURT STAFF). (Entered: 03/25/2014)

03/25/2014 68 STIPULATION re 65 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Harris, Cody) (Filed on 3/25/2014) Modified on 3/26/2014 (cv, COURT STAFF). (Entered: 03/25/2014)

03/28/2014 69 MOTION to Relate Case [ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED] filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Attachments: # 1 Declaration of Cody S. Harris In Support Of Administrative Motion to Consider Whether Cases Should Be Related, # 2 Exhibit A to Declaration of Cody S. Harris, # 3 Declaration of Jo W. Golub Pursuant to Local Rule 7-11(a), # 4 Proposed Order, # 5 Certificate/Proof of Service)(Golub, Jo) (Filed on 3/28/2014) (Entered: 03/28/2014)

04/01/2014 70 RESPONSE (re 69 MOTION to Relate Case [ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED] ) filed byPublic School Teachers' Pension and Retirement Fund of Chicago. (Crutchfield, Jennifer) (Filed on 4/1/2014) (Entered: 04/01/2014)

04/08/2014 71 ORDER granting 65 Motion to Relate Case. The clerk is directed to reassign Case No. 5:14-cv-01307 to this Court (Judge Davila), and to vacate all pending dates before Judge Grewal. Signed by Judge Edward J. Davila on 4/8/2014. (ejdlc1S, COURT STAFF) (Filed on 4/8/2014) (Entered: 04/08/2014)

04/22/2014 72 NOTICE of Appearance by Philip James Tassin (Tassin, Philip) (Filed on 4/22/2014) (Entered: 04/22/2014)

04/28/2014 73 MOTION for leave to appear in Pro Hac Vice of Cynthia A. Hanawalt ( Filing fee $ 305, receipt number 0971-8570666.) filed by Employees' Retirement System of the State of Hawaii. (Hanawalt, Cynthia) (Filed on 4/28/2014) (Entered: 04/28/2014)

04/29/2014 74 Order Granting 73 Motion for Pro Hac Vice of Attorney of Cynthia A. Hanawalt for Employees' Ret. Sys. - State of Hawaii. Signed by Hon. Edward J. Davila on 4/29/2014. (ecg, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014)

04/30/2014 75 ORDER granting 69 Motion to Relate Case. The Clerk is directed to reassign Case No. 3:14-CV-01384-LB to this Court, and to vacateall pending dates before Judge Beeler. Signed by Judge Edward J. Davila on 4/30/2014. (ejdlc1S, COURT STAFF) (Filed on 4/30/2014) (Entered: 04/30/2014)

05/02/2014 76 JOINT CASE MANAGEMENT STATEMENT filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Celio, Michael) (Filed on 5/2/2014) (Entered: 05/02/2014)

05/06/2014 77 CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT; VACATING CASE MANAGEMENT CONFERENCE. The Motion to Dismiss (re 53 ) before Judge Edward J. Davila previously noticed for 5/9/2014 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 5/9/2014 hearing is VACATED. The Court to issue further Order on the submitted motion. The Case Management Conference set for 5/9/2014 is also VACATED. The Court will set further dates, if necessary, in its Order on the submitted motion. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 5/6/2014) (Entered: 05/06/2014)

07/01/2014 78 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8738375.) filed by Employees' Retirement System of the State of Hawaii. (Gardner, Jonathan) (Filed on 7/1/2014) (Entered: 07/01/2014)

07/02/2014 79 Order Granting 78 Motion for Pro Hac Vice for Attorney Jonathan Gardner for Employees' Ret. Sys. - State of Hawaii. Signed by Hon. Edward J. Davila on 7/2/2014.(ecg, COURT STAFF) (Filed on 7/2/2014) (Entered: 07/02/2014)

07/18/2014 80 NOTICE by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith re 53 MOTION to Dismiss Amended Class Action Complaint NOTICE OF NEW AUTHORITY IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS (Attachments: # 1 Attachment)(Celio, Michael) (Filed on 7/18/2014) (Entered: 07/18/2014)

08/11/2014 81 NOTICE by Employees' Retirement System of the State of Hawaii of Withdrawal of Attorneys Javier Bleichmar, Cynthia Hanawalt and Danielle Stampley as counsel for Lead Plaintiffs (Attachments: # 1 Certificate/Proof of Service)(Plasse, Jonathan) (Filed on 8/11/2014) (Entered: 08/11/2014)

08/12/2014 82 ORDER GRANTING 81 Notice (Other) of Withdrawal of Counsel filed by Employees' Retirement System of the State of Hawaii. Attorney Danielle Elizabeth Stampley; Javier Bleichmar and Cynthia Ann Hanawalt terminated. Signed by Judge Edward J. Davila on 8/12/2014. (ecg, COURT STAFF) (Filed on 8/12/2014) (Entered: 08/12/2014)

08/21/2014 83 ORDER granting in part and denying in part 53 Motion to Dismiss. Any amended complaint must be filed within 15 days of the date of this Order. Signed by Judge Edward J. Davila on 8/21/2014. (ejdlc4S, COURT STAFF) (Filed on 8/21/2014) Modified on 8/22/2014 (ejdlc1S, COURT STAFF). (Entered: 08/21/2014)

09/03/2014 84 STIPULATION REGARDING TIME TO RESPOND TO OPERATIVE COMPLAINT filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Celio, Michael) (Filed on 9/3/2014) (Entered: 09/03/2014)

09/04/2014 85 NOTICE by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund of Intent Not to File a Further Amended Complaint (Myers, Danielle) (Filed on 9/4/2014) (Entered: 09/04/2014)

09/04/2014 86 ORDER GRANTING 84 Stipulation REGARDING TIME TO RESPOND TO OPERATIVE COMPLAINT filed by Colin Morales, Mark J. Meltzer, Gary Guthart, Jerome McNamara, David Rosa, Intuitive Surgical, Inc., Marshall L. Mohr, Salvatore J. Brogna, Augusto V. Castello, Lonnie Smith. Accordingly, Defendant's response will be due no later than Friday, October 10, 2014. Signed by Judge Edward J. Davila on 9/4/2014. (ecg, COURT STAFF) (Filed on 9/4/2014) (Entered: 09/04/2014)

10/10/2014 87 ANSWER to Amended Complaint byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 10/10/2014) (Entered: 10/10/2014)

10/14/2014 88 MOTION for Leave to File Motion for Reconsideration Pursuant to Civil Local Rule 7-9 filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Exhibit Proposed Motion for Reconsideration of Court's Order Granting In Part and Denying In Part Defendants' Motion to Dismiss)(Celio, Michael) (Filed on 10/14/2014) (Entered: 10/14/2014)

10/14/2014 89 Proposed Order re 88 MOTION for Leave to File Motion for Reconsideration Pursuant to Civil Local Rule 7-9 by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 10/14/2014) (Entered: 10/14/2014)

10/21/2014 90 STIPULATION WITH PROPOSED ORDER in Support of Administrative Motion for an Order Setting a Case Management Conference on November 21, 2014 at 10:00 a.m. filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Proposed Order)(Myers, Danielle) (Filed on 10/21/2014) (Entered: 10/21/2014)

10/22/2014 91 Order Granting 90 Stipulation Setting Case Management Conference. Signed by Hon. Edward J. Davila on 10/22/2014.(ecg, COURT STAFF) (Filed on 10/22/2014) (Entered: 10/22/2014)

10/22/2014 Set Deadlines/Hearings re 91 Order: Joint Case Management Statement due by 11/14/2014. Case Management Conference set for 11/21/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 10/22/2014) (Entered: 10/22/2014)

10/22/2014 92 ORDER granting 88 Motion for Leave to File Motion for Reconsideration. Defendants shall file its Motion for Reconsideration on or before 11/05/2014. Any opposition to the Motion for Reconsideration shall be filed on or before 11/19/2014. Defendants may file a reply to any opposition on or before 11/26/2014. The Motion for Reconsideration will then be deemed submitted for decision, and the court will issue an order based on the pleadings. Signed by Judge Edward J. Davila on 10/22/2014. (ejdlc4S, COURT STAFF) (Filed on 10/22/2014) (Entered: 10/22/2014)

11/05/2014 93 MOTION for Reconsideration OF COURT'S ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS filed by Gary Guthart,

Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Proposed Order)(Celio, Michael) (Filed on 11/5/2014) (Entered: 11/05/2014)

11/14/2014 94 JOINT CASE MANAGEMENT STATEMENT filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Golub, Jo) (Filed on 11/14/2014) (Entered: 11/14/2014)

11/17/2014 95 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 1/2/2015. Case Management Conference set for 1/8/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila.In addition, after considering the parties' arguments in the Joint Case Management Conference Statement, disclosure and discovery are stayed until further order of the court. This court finds that the pending Motion for Reconsideration is akin to a Motion to Dismiss that warrants a stay on discovery. Signed by Judge Edward J. Davila on 11/17/2014. (ecg, COURT STAFF) (Filed on 11/17/2014) (Entered: 11/17/2014)

11/19/2014 96 RESPONSE (re 93 MOTION for Reconsideration OF COURT'S ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Myers, Danielle) (Filed on 11/19/2014) (Entered: 11/19/2014)

11/26/2014 97 DEFENDANTS REPLY IN SUPPORT OF THEIR MOTION FOR RECONSIDERATION OF COURTS ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS (re 93 MOTION for Reconsideration OF COURT'S ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ) filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Celio, Michael) (Filed on 11/26/2014) Text Modified on 12/3/2014 (bwS, COURT STAFF). (Entered: 11/26/2014)

12/15/2014 98 ORDER denying 93 Motion for Reconsideration. Given the resolution of this motion, the stay on discovery is lifted. Signed by Judge Edward J. Davila on 12/15/2014. (ejdlc4S, COURT STAFF) (Filed on 12/15/2014) (Entered: 12/15/2014)

01/02/2015 99 JOINT CASE MANAGEMENT STATEMENT filed by Employees' Retirement System of the State of Hawaii. (Gardner, Jonathan) (Filed on 1/2/2015) (Entered: 01/02/2015)

01/05/2015 100 CASE MANAGEMENT ORDER. Based on the parties' Joint Case Management Statement and proposed schedule, the court has determined an appearance is unnecessary at this time. Accordingly, the 1/8/2015 Case Management Conference is VACATED and the parties are ordered to comply with the following schedule: The deadline for joinder of any additional parties, or other amendments to the pleadings, is sixty days after entry of this order. Defendants' request to bifurcate discovery between class certification and merits issues is DENIED, and that discovery on all issues shall now commence. Anticipated Filing for Motion for Class Certification Motion due by 6/1/2015.

Opposition due by 7/15/2015. Reply due by 8/14/2015. Anticipated Motion Hearing re Class Certification set for 10/8/2015 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Fact Discovery cutoff 12/15/2015. Expert Discovery cutoff 3/22/2016. Deadline for Filing Dispositive Motions due by 4/19/2016. Deadline for Filing Trial Setting Conference Statement due by 11/9/2015. Trial Setting Conference set for 11/19/2015 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 1/2/2015. Please see Order for further specifics.(ecg, COURT STAFF) (Filed on 1/5/2015) (Entered: 01/05/2015)

01/30/2015 101 STIPULATION REGARDING ELECTRONIC DISCOVERY AND DOCUMENT PRODUCTION FORMAT filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 1/30/2015) (Entered: 01/30/2015)

01/30/2015 102 STIPULATION STIPULATED [PROPOSED] PROTECTIVE ORDER filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 1/30/2015) (Entered: 01/30/2015)

02/04/2015 103 STIPULATED PROTECTIVE ORDER re 102 (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 2/4/2015. (hrllc2, COURT STAFF) (Filed on 2/4/2015) (Entered: 02/04/2015)

03/04/2015 104 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9334459.) filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Certificate of Good Standing)(Villegas, Carol) (Filed on 3/4/2015) (Entered: 03/04/2015)

03/04/2015 105 Order Granting 104 Motion for Pro Hac Vice of Attorney Carol C. Villegas for Employees' Ret. Sys. of the State of Hawaii. Signed by Hon. Edward J. Davila on 3/4/2015.(ecg, COURT STAFF) (Filed on 3/4/2015) (Entered: 03/04/2015)

03/09/2015 106 MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Harris, Cody) (Filed on 3/9/2015) (Entered: 03/09/2015)

03/09/2015 107 Declaration of CODY S. HARRIS in Support of 106 MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed bySalvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Attachments: # 1 Exhibit)(Related document(s) 106 ) (Harris, Cody) (Filed on 3/9/2015) (Entered: 03/09/2015)

03/09/2015 108 Proposed Order re 106 MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED by Salvatore J. Brogna, Augusto V. Castello, Gary Guthart, Intuitive Surgical, Inc., Jerome McNamara, Mark J. Meltzer, Marshall L. Mohr, Colin Morales, David Rosa, Lonnie Smith. (Harris, Cody) (Filed on 3/9/2015) (Entered: 03/09/2015)

03/17/2015 109 NOTICE of Appearance by Alexander Barnes Dryer (Dryer, Alexander) (Filed on 3/17/2015) (Entered: 03/17/2015)

04/07/2015 110 ORDER GRANTING re (106 in 5:13-cv-01920-EJD) MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by Colin Morales, Mark J. Meltzer, Gary Guthart, Jerome McNamara, David Rosa, Intuitive Surgical, Inc., Marshall L. Mohr, Salvatore J. Brogna, Augusto V. Castello, Lonnie Smith. The clerk is directed to reassign Case No. 5:15-cv-01037-NC to this Court, and to vacate all pending dates before Judge Cousins. Signed by Judge Edward J. Davila on 4/7/2015. (ecg, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/07/2015)

04/07/2015 111 MOTION to Intervene filed by Amber Lambert, Jonathan Rich, Jimmy K. Ann. Responses due by 4/21/2015. Replies due by 4/28/2015. (cv, COURT STAFF) (Filed on 4/7/2015) (Entered: 04/09/2015)

04/15/2015 112 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9443099.) filed by Employees' Retirement System of the State of Hawaii. (De Villiers, Samuel) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/15/2015 113 Order Granting 112 Motion for Pro Hac Vice for Samuel B.C. de Villiers for Employees' Retirement System of the State of Hawaii. Signed by Hon. Edward J. Davila on 4/15/2015.(ecg, COURT STAFF) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/21/2015 114 RESPONSE (re 111 MOTION to Intervene ) filed byEmployees' Retirement System of the State of Hawaii. (Gardner, Jonathan) (Filed on 4/21/2015) (Entered: 04/21/2015)

04/21/2015 115 Declaration of Jonathan Gardner in Support of 114 Opposition/Response to Motion To Intervene filed byEmployees' Retirement System of the State of Hawaii. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 114 ) (Gardner, Jonathan) (Filed on 4/21/2015) (Entered: 04/21/2015)

04/21/2015 116 Joinder re 114 OPPOSITION TO PUTATIVE INTERVENERS MOTION TO INTERVENE by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 4/21/2015) Modified on 4/21/2015 (cv, COURT STAFF). (Entered: 04/21/2015)

04/22/2015 117 ORDER denying 111 Motion to Intervene. The Clerk shall not docket in this action any further pleadings submitted by Proposed Intervenors, but shall instead return any such documents to the sender. Signed by Judge Edward J. Davila on 4/22/2015. (ejdlc1S, COURT STAFF) (Filed on 4/22/2015) (Additional attachment(s) added on 4/22/2015: # 1 Certificate of Service) (ecg, COURT STAFF). (Entered: 04/22/2015)

05/21/2015 118 STIPULATION WITH PROPOSED ORDER REGARDING CASE SCHEDULE filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Harris, Cody) (Filed on 5/21/2015) Modified on 5/21/2015 (cv, COURT STAFF). (Entered: 05/21/2015)

05/21/2015 119 Declaration of CODY HARRIS in Support of 118 STIPULATION WITH PROPOSED ORDER filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Related document(s) 118 ) (Harris, Cody) (Filed on 5/21/2015) Modified on 5/21/2015 (cv, COURT STAFF). (Entered: 05/21/2015)

05/28/2015 120 Order as Modified by the Court Granting 118 Stipulation to Amend Scheduling Deadlines. Signed by Hon. Edward J. Davila on 5/27/2015.(ecg, COURT STAFF) (Filed on 5/28/2015) (Entered: 05/28/2015)

05/28/2015 Set Deadlines/Hearings 120 Order: Deadline to File Motion for Class Certification Motions due by 9/1/2015. Opposition due 10/15/2015. Reply due 11/16/2015 Motion Hearing re Class Certification set for 1/21/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Fact Discovery cutoff 3/15/2016. Expert Discovery due 7/20/2016. Deadline for Filing Dispositive Motions due 7/18/2016. Opposition due by 8/17/2016. Reply due by 9/15/2016. Anticipated Motion Hearing for Dispositive Motion set for 10/20/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Trial Setting Conference Statement due by 3/21/2016. Trial Setting Conference set for 3/31/201611:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 5/28/2015) (Entered: 05/28/2015)

05/28/2015 Set Deadlines/Hearings re 120 Order: Expert Discovery cutoff 7/20/2016. Deadline to File Dispositive Motions due by 7/18/2016. Opposition due by 10/15/2015. Reply due by 11/16/2015.(ecg, COURT STAFF) (Filed on 5/28/2015) (Entered: 05/28/2015)

06/10/2015 121 NOTICE of Appearance by Kate Ellis Lazarus (Lazarus, Kate) (Filed on 6/10/2015) (Entered: 06/10/2015)

06/29/2015 122 NOTICE of Appearance by Ekaterini Maria Polychronopoulos (Polychronopoulos, Ekaterini) (Filed on 6/29/2015) (Entered: 06/29/2015)

09/01/2015 123 MOTION to Certify Class filed by Employees' Retirement System of the State of Hawaii. Motion Hearing set for 1/21/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 10/15/2015. Replies due by 11/16/2015. (Attachments: # 1 Proposed Order)(Gardner, Jonathan) (Filed on 9/1/2015) (Entered: 09/01/2015)

09/01/2015 124 Declaration of Jonathan Gardner in Support of Plaintiffs' 123 Motion for Class Certification filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gardner, Jonathan) (Filed on 9/1/2015) Modified on 9/2/2015 (cv, COURT STAFF). (Entered: 09/01/2015)

09/01/2015 125 Declaration of Brian P. Aburano on Behalf of Employees' Retirement System of the State of Hawaii in Support of 123 Class Certification filed by Employees' Retirement System of the State of Hawaii. (Gardner, Jonathan) (Filed on 9/1/2015) Modified on 9/2/2015 (cv, COURT STAFF). (Entered: 09/01/2015)

09/01/2015 126 Declaration of Jonathan Gardner in Support of 123 MOTION to Certify Class filed byEmployees' Retirement System of the State of Hawaii. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 123 ) (Gardner, Jonathan) (Filed on 9/1/2015) (Entered: 09/01/2015)

09/01/2015 127 Declaration of Brian P. Aburano in Support of 123 MOTION to Certify Class filed byEmployees' Retirement System of the State of Hawaii. (Related document(s) 123 ) (Gardner, Jonathan) (Filed on 9/1/2015) (Entered: 09/01/2015)

09/01/2015 128 Declaration of James R. Klein in Support of 123 MOTION to Certify Class filed byEmployees' Retirement System of the State of Hawaii. (Related document(s) 123 ) (Gardner, Jonathan) (Filed on 9/1/2015) (Entered: 09/01/2015)

09/10/2015 129 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9824430.) filed by Employees' Retirement System of the State of Hawaii. (Demann, Yah) (Filed on 9/10/2015) (Entered: 09/10/2015)

09/11/2015 130 Order Granting 129 Motion for Pro Hac Vice for Attorney Yah Demann for Employees' Ret. Sys. of the State of Hawaii. Signed by Hon. Edward J. Davila on 9/11/2015. (ecg, COURT STAFF) (Filed on 9/11/2015) (Entered: 09/11/2015)

10/07/2015 131 Administrative Motion to File Under Seal Portions of Its Discovery Dispute Joint Report #1 filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Declaration of Cody S. Harris in Support of Motion to Seal, # 2 Redacted Version of Discovery Dispute Joint Report #1, # 3 Unredacted Version of Discovery Dispute Joint Report #1, # 4 Exhibit A to Discovery Dispute Joint Report No. 1, # 5 Exhibit B to Discovery Dispute Joint Report No. 1)(Harris, Cody) (Filed on 10/7/2015) (Entered: 10/07/2015)

10/07/2015 132 Joint Discovery Letter Brief filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Celio, Michael) (Filed on 10/7/2015) (Entered: 10/07/2015)

10/07/2015 133 CERTIFICATE OF SERVICE by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith re 131 Administrative Motion to File Under Seal Portions of Its Discovery Dispute Joint Report #1 (Celio, Michael) (Filed on 10/7/2015) (Entered: 10/07/2015)

10/15/2015 134 Administrative Motion to File Under Seal filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Declaration of Tassin ISO Admin Motion to File Under Seal, # 2 Proposed Order Granting Admin Motion to File Under Seal, # 3 Redacted Version of Opposition to Class Certification, # 4 Unredacted Version of Opposition to Class Certification, # 5 Unredacted Version of Exhibit 3 to Tassin Declaration, # 6 Unredacted Version of Exhibit 4 to Tassin Declaration, # 7 Unredacted Version of Exhibit 5 to Tassin Declaration, # 8 Unredacted Version of Exhibit 6 to Tassin Declaration, # 9 Unredacted Version of Exhibit 7 to Tassin Declaration, # 10 Unredacted Version of Exhibit 8 to Tassin Declaration, # 11 Unredacted Version of Exhibit 9 Part 1 to Tassin Declaration, # 12 Unredacted Version of Exhibit 9 Part 2 to Tassin Declaration, # 13 Unredacted Version of Exhibit 9 Part 3 to Tassin Declaration, # 14 Unredacted Version of Exhibit 9 Part 4 to Tassin Declaration, # 15 Unredacted Version of Exhibit 9 Part 5 to Tassin Declaration, # 16 Unredacted Version of Exhibit 10 Part 1 to Tassin Declaration, # 17 Unredacted Version of Exhibit 10 Part 2 to Tassin Declaration, # 18 Unredacted Version of Exhibit 10 Part 3 to Tassin Declaration, # 19 Unredacted Version of Exhibit 11 to Tassin Declaration, # 20 Unredacted Version of Exhibit 39 to Tassin Declaration)(Tassin, Philip) (Filed on 10/15/2015) (Entered: 10/15/2015)

10/15/2015 135 RESPONSE (re 123 MOTION to Certify Class ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Declaration of Philip Tassin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12

Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13 Part 1, # 15 Exhibit 13 Part 2, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20 Part 1, # 23 Exhibit 20 Part 2, # 24 Exhibit 21 Part 1, # 25 Exhibit 21 Part 2, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26 Part 1, # 31 Exhibit 26 Part 2, # 32 Exhibit 26 Part 3, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30 Part 1, # 37 Exhibit 30 Part 2, # 38 Exhibit 31, # 39 Exhibit 32 Part 1, # 40 Exhibit 32 Part 2, # 41 Exhibit 32 Part 3, # 42 Exhibit 32 Part 4, # 43 Exhibit 32 Part 5, # 44 Exhibit 32 Part 6, # 45 Exhibit 32 Part 7, # 46 Exhibit 32 Part 8, # 47 Exhibit 32 Part 9, # 48 Exhibit 33, # 49 Exhibit 34, # 50 Exhibit 35, # 51 Exhibit 36, # 52 Exhibit 37, # 53 Exhibit 38, # 54 Exhibit 39, # 55 Exhibit 40, # 56 Declaration of Marshall L. Mohr, # 57 Exhibit 1, # 58 Exhibit 2)(Celio, Michael) (Filed on 10/15/2015) (Entered: 10/15/2015)

10/15/2015 136 CERTIFICATE OF SERVICE by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith re 134 Administrative Motion to File Under Seal (Tassin, Philip) (Filed on 10/15/2015) (Entered: 10/15/2015)

10/30/2015 137 MOTION for Leave to File Excess Pages Regarding Plaintiffs' Reply to Defendants' Opposition to Class Certification filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Carol C. Villegas in support of Unopposed Motion for Administrative Relief to Exceed Page Limitation, # 2 Proposed Order)(Villegas, Carol) (Filed on 10/30/2015) (Entered: 10/30/2015)

11/02/2015 138 ORDER granting 137 Motion for Leave to File Excess Pages. Signed by Judge Edward J. Davila on 11/2/2015. (ejdlc1S, COURT STAFF) (Filed on 11/2/2015) (Entered: 11/02/2015)

11/16/2015 139 Administrative Motion to File Under Seal filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Jonathan Gardner in support of motion to file under seal, # 2 Proposed Order, # 3 Redacted Reply Brief, # 4 Unredacted Reply Brief, # 5 Redacted Declaration of Jonathan Gardner, # 6 Unredacted Declaration of Jonathan Gardner, # 7 Redacted Exhibit 1, # 8 Unredacted Exhibit 1, # 9 Redacted Exhibit 2, # 10 Unredacted Exhibit 2, # 11 Redacted Exhibit 5, # 12 Unredacted Exhibit 5, # 13 Redacted Exhibit 6, # 14 Unredacted Exhibit 6, # 15 Redacted Exhibit 8, # 16 Unredacted Exhibit 8, # 17 Redacted Exhibit 9, # 18 Unredacted Exhibit 9, # 19 Redacted Exhibit 11, # 20 Unredacted Exhibit 11, # 21 Redacted Exhibit 12, # 22 Unredacted Exhibit 12, # 23 Certificate/Proof of Service)(Gardner, Jonathan) (Filed on 11/16/2015) (Entered: 11/16/2015)

11/16/2015 140 REPLY (re 123 MOTION to Certify Class ) (Redacted) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Gardner, Jonathan) (Filed on 11/16/2015) (Entered: 11/16/2015)

11/16/2015 141 Declaration of Jonathan Gardner in Support of 123 MOTION to Certify Class (Redacted) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3- Part 1, # 4 Exhibit 3- Part 2, # 5 Exhibit 4- Part 1, # 6 Exhibit 4- Part 2, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7- Part 1, # 10 Exhibit 7- Part 2, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12)(Related document(s) 123 ) (Gardner, Jonathan) (Filed on 11/16/2015) (Entered: 11/16/2015)

11/20/2015 142 Declaration of PHILIP J. TASSIN in Support of 139 Administrative Motion to File Under Seal EXHIBITS 11 AND 12 TO THE GARDNER DECLARATION UNDER SEAL filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Related document(s) 139 ) (Tassin, Philip) (Filed on 11/20/2015) Modified on 11/2/2016 (cv, COURT STAFF). (Entered: 11/20/2015)

11/24/2015 143 ORDER granting 134 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 11/24/2015. (ejdlc1S, COURT STAFF) (Filed on 11/24/2015) (Entered: 11/24/2015)


12/03/2015 145 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10036070.) filed by Employees' Retirement System of the State of Hawaii. (Fox, Christine) (Filed on 12/3/2015) (Entered: 12/03/2015)

12/04/2015 146 Order Granting 145 Motion for Pro Hac Vice for Attorney Christine Fox for Defendant Employees' Retirement System of the State of Hawaii. Signed by Hon. Edward J. Davila on 12/4/2015.(ecg, COURT STAFF) (Filed on 12/4/2015) (Entered: 12/04/2015)

01/04/2016 147 STIPULATION WITH PROPOSED ORDER re 120 Order on Stipulation Extending Case Schedule filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Proposed Order)(Fox, Christine) (Filed on 1/4/2016) (Entered: 01/04/2016)

01/04/2016 148 Declaration of Christine M. Fox in Support of 147 STIPULATION WITH PROPOSED ORDER re 120 Order on Stipulation Extending Case Schedule filed byEmployees' Retirement System of the State of Hawaii. (Related document(s) 147 ) (Fox, Christine) (Filed on 1/4/2016) (Entered: 01/04/2016)

01/06/2016 149 Order as Modified by the Court Granting 147 Stipulation Extending Case Schedule. Signed by Hon. Edward J. Davila on 1/6/2016.(ecg, COURT STAFF) (Filed on 1/6/2016) (Entered: 01/06/2016)

01/07/2016 150 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10116544.) filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Certificate of Good Standing)(Coquin, Alec) (Filed on 1/7/2016) (Entered: 01/07/2016)

01/08/2016 151 Order Granting 150 Motion for Pro Hac Vice as to Attorney Alec Coquin for Employees Ret. Systems - State of Hawaii. Signed by Hon. Edward J. Davila on 1/8/2016.(ecg, COURT STAFF) (Filed on 1/8/2016) (Entered: 01/08/2016)

01/21/2016 152 Minute Entry for proceedings held before Hon. Edward J. Davila: Motion Hearing held on 1/21/2016 re 123 MOTION to Certify Class filed by Employees' Retirement System of the State of Hawaii. Plaintiff Attorneys: Serena Hallowell, Alec Coquin, Shawn Williams. Defendant Attorney: Michael Cello, Philip Tassin. Matter submitted. The Court to issue further Order. Total Time in Court 40 minutes (9:04 - 9:44 AM). Court Reporter Name Irene Rodriguez.(ecg, COURT STAFF) (Date Filed: 1/21/2016) (Entered: 01/21/2016)

02/04/2016 153 Joint Discovery Letter Brief# 2 filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit A- Plaintiffs' Third Set of RFPs, # 2 Exhibit B- Defendants' Objections to Third Set of RFPs)(Hallowell, Serena) (Filed on 2/4/2016) (Entered: 02/04/2016)

02/09/2016 154 MOTION for Leave to File Plaintiffs Unopposed Administrative Motion to Submit Recent Decisions Pursuant to Local Civil Rule 7-11 filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Serena P Hallowell, # 2 Exhibit 1 to Hallowell Decl, # 3 Exhibit 2 to Hallowell Decl, # 4 Proposed Order)(Hallowell, Serena) (Filed on 2/9/2016) (Entered: 02/09/2016)

02/10/2016 155 Order Granting 154 Motion for Leave to File Plaintiffs Unopposed Administrative Motion to Submit Recent Decisions. Signed by Hon. Edward J. Davila on 2/10/2016.(ecg, COURT STAFF) (Filed on 2/10/2016) (Entered: 02/10/2016)

03/04/2016 156 TRANSCRIPT ORDER by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund for Court Reporter Irene Rodriguez. (Gardner, Jonathan) (Filed on 3/4/2016) (Entered: 03/04/2016)

03/04/2016 157 TRANSCRIPT ORDER by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith for Court Reporter Irene Rodriguez. (Tassin, Philip) (Filed on 3/4/2016) (Entered: 03/04/2016)

03/04/2016 158 Joint Discovery Letter Brief# 3 filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit A- Plaintiffs' Third Set of RFPs, # 2 Exhibit B- Defendants' Response to Plaintiffs' Third Set of RFPs)(Hallowell, Serena) (Filed on 3/4/2016) (Entered: 03/04/2016)

03/16/2016 159 Transcript of Proceedings held on 01/21/2016, before Judge Davila. Court Reporter Irene L. Rodriguez, telephone number (408)947-8160 [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 156 Transcript Order, 157 Transcript Order ) Release of Transcript Restriction set for 6/14/2016. (Related documents(s) 156 , 157 ) (Rodriguez, Irene) (Filed on 3/16/2016) (Entered: 03/16/2016)

03/16/2016 160 STIPULATION WITH PROPOSED ORDER For Confidentiality and Protective Order Regarding Non-Party Ironshore Specialty Insurance Company's Attorneys' Eyes Only Materials filed by Employees' Retirement System of the State of Hawaii. (Hallowell, Serena) (Filed on 3/16/2016) (Entered: 03/16/2016)

03/21/2016 161 STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT) re 160 Regarding Non-Party Ironshore Specialty Insurance Company's Attorney's Eyes Only Materials. Signed by Magistrate Judge Howard R. Lloyd. (hrllc2, COURT STAFF) (Filed on 3/21/2016) (Entered: 03/21/2016)

04/20/2016 162 MOTION for Leave to File Recent Decision [Unopposed] filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Declaration of Philip J. Tassin in Support of Defendants' Unopposed Administrative Motion to Submit Recent Decision, # 2 Exhibit A to Declaration of Philip J. Tassin, # 3 Proposed Order)(Tassin, Philip) (Filed on 4/20/2016) (Entered: 04/20/2016)

05/03/2016 163 ORDER granting 162 Motion for Leave to File Statement of Recent Decision. Signed by Judge Edward J. Davila on 5/3/2016. (ejdlc1S, COURT STAFF) (Filed on 5/3/2016) (Entered: 05/03/2016)

05/16/2016 164 MOTION for Leave to File Unopposed Administrative Motion to Submit Recent Decision Pursuant to Local Civil Rule 7-11 In Support of Plaintiffs' Motion for Class Certification filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Declaration of Serena P. Hallowell, # 2 Exhibit 1, # 3 Proposed Order Granting Plaintiffs' Unopposed Administrative Motion to Submit Recent Decision Pursuant to Local Civil Rule 7-11 In Support of Plaintiffs' Motion for Class Certification)(Gardner, Jonathan) (Filed on 5/16/2016) (Entered: 05/16/2016)

05/16/2016 165 MOTION for Leave to File Unopposed Administrative Motion to Submit Recent Decision Pursuant to Local Civil Rule 7-11 re Discovery Dispute Joint Report # 1 filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Declaration of Serena P. Hallowell, # 2 Exhibit 1, # 3 Proposed Order Granting Plaintiffs' Unopposed Administrative Motion to Submit Recent Decision Pursuant to Local Rule 7-11 re Discovery Dispute Joint Report # 1)(Gardner, Jonathan) (Filed on 5/16/2016) (Entered: 05/16/2016)

05/17/2016 166 ORDER by Magistrate Judge Howard R. Lloyd granting 165 plaintiffs' Unopposed Motion to Submit Recent Decision. (hrllc2, COURT STAFF) (Filed on 5/17/2016) (Entered: 05/17/2016)

05/18/2016 167 Order Granting 164 Motion for Leave to File Recent Decision. Signed by Hon. Edward J. Davila on 5/18/2016.(ecg, COURT STAFF) (Filed on 5/18/2016) (Entered: 05/18/2016)

05/18/2016 168 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10460649.) filed by Employees' Retirement System of the State of Hawaii. (Arisohn, Mark) (Filed on 5/18/2016) (Entered: 05/18/2016)

05/18/2016 169 Order Granting 168 Motion for Pro Hac Vice for Pro Hac Vice as to Attorney Mark Arisohn for Movant Employees' Ret. Sys - State of Hawaii. Signed by Hon. Edward J. Davila on 5/18/2016.(ecg, COURT STAFF) (Filed on 5/18/2016) (Entered: 05/18/2016)

05/19/2016 170 Discovery Dispute Joint Report # 4 filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit A- Defendants' Objections and Responses to Plaintiffs' First Set of Document Requests, # 2 Exhibit B- Defendants' Objections and Responses to Plaintiffs' Third Set of Requests for Production of Documents and Things, # 3 Exhibit C -Plaintiffs' Third Set of Requests for Production of Documents and Things)(Gardner, Jonathan) (Filed on 5/19/2016) Modified on 10/12/2016 (hrllc2, COURT STAFF). INCORRECT FILING EVENT CHOSEN WHEN DOCUMENT POSTED. (Entered: 05/19/2016)

05/19/2016 171 Joint Discovery Letter Brief# 5 filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Gardner, Jonathan) (Filed on 5/19/2016) (Entered: 05/19/2016)

07/08/2016 172 NOTICE by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund re 153 Joint Discovery Letter Brief# 2 Regarding Submitted Matter Pursuant to Local Rule 7-13 (Gardner, Jonathan) (Filed on 7/8/2016) (Entered: 07/08/2016)

09/19/2016 173 ORDER by Magistrate Judge Howard R. Lloyd re 132 Discovery Dispute Joint Report No. 1. (hrllc2, COURT STAFF) (Filed on 9/19/2016) (Entered: 09/19/2016)

09/20/2016 174 ORDER by Magistrate Judge Howard R. Lloyd denying 131 defendants' Administrative Motion to File Under Seal re Discovery Dispute Joint Report No. 1. (hrllc2, COURT STAFF) (Filed on 9/20/2016) (Entered: 09/20/2016)



10/10/2016 177 Pretrial Conference Statement by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund Joint Trial Setting Conference Statement. (Attachments: # 1 Proposed Order)(Hallowell, Serena) (Filed on 10/10/2016) (Entered: 10/10/2016)


10/18/2016 179 ORDER CONTINUING TRIAL SETTING CONFERENCE. Having reviewed the Parties Joint Trial Setting Conference Statement filed October 10, 2016 (Dkt. No. 177 ), the court finds that a scheduling conference is premature at this time. Updated Joint Trial Setting Conference Statement due by 12/8/2016. Trial Setting Conference set for 12/15/2016 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 10/18/2016. (amkS, COURT STAFF) (Filed on 10/18/2016) (Entered: 10/19/2016)


10/26/2016 181 NOTICE Yah E. Demann is no longer associated with the firm of Labaton Sucharow LLP, by Employees' Retirement System of the State of Hawaii J.Gardner, M.Arisohn,S.Hallowell, C.Fox, A.Coquin and S. Williams will continue to represent the plaintiff (Gardner, Jonathan) (Filed on 10/26/2016) Modified on 10/26/2016 (cv, COURT STAFF). (Entered: 10/26/2016)

11/01/2016 182 NOTICE of Change In Counsel pursuant to Civil L.R. 5-1(c)(2)(C), Robbins Geller Rudman & Dowd LLP hereby withdraws as counsel. Plaintiffs will continue to be represented by Court appointed Lead Counsel, Labaton Sucharow LLP. by Shawn A. Williams (Williams, Shawn) (Filed on 11/1/2016) Modified on 11/2/2016 (cv, COURT STAFF). (Entered: 11/01/2016)

11/02/2016 183 NOTICE of Appearance by Michael Walter Stocker (Stocker, Michael) (Filed on 11/2/2016) (Entered: 11/02/2016)

11/02/2016 184 Administrative Motion to File Under Seal Portions of Plaintiffs' Motion to Amend and Proposed Second Amended Class Action Complaint filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Serena Hallowell, # 2 Exhibit 1 to Declaration of Serena Hallowell, # 3 Proposed Order, # 4 Redacted Exhibit 2 to Declaration of Serena Hallowell, # 5 Unredacted Exhibit 2 to Declaration of Serena Hallowell, # 6 Redacted Motion for Leave to Amend The Complaint, # 7 Unredacted Motion for Leave to Amend the Complaint, # 8 Redacted Proposed Second Amended Class Action Complaint, # 9 Unredacted Proposed Second Amended Class Action Complaint, # 10 Certificate/Proof of Service)(Hallowell, Serena) (Filed on 11/2/2016) (Entered: 11/02/2016)

11/02/2016 185 MOTION for Leave to File Plaintiffs' Second Amended Class Action Complaint (Redacted) filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 1- Redacted Second Amended Class Action Complaint, # 2 Proposed Order)(Hallowell, Serena) (Filed on 11/2/2016) (Entered: 11/02/2016)

11/07/2016 186 Declaration of Kara Andersen Reiter in Support of 184 Administrative Motion to File Under Seal Portions of Plaintiffs' Motion to Amend and Proposed Second Amended Class Action Complaint filed byMarshall L. Mohr. (Related document(s) 184 ) (Lazarus, Kate) (Filed on 11/7/2016) (Entered: 11/07/2016)

11/08/2016 187 ADMINISTRATIVE MOTION Regarding Case Schedule filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. Responses due by 11/12/2016. (Attachments: # 1 Declaration of Cody S. Harris in support of Administrative Motion, # 2 Exhibit A to Declaration of Cody S. Harris, # 3 Exhibit B to Declaration of Cody S. Harris, # 4 Exhibit C to Declaration of Cody S. Harris, # 5 Exhibit D to Declaration of Cody S. Harris, # 6 Proposed Order)(Celio, Michael) (Filed on 11/8/2016) (Entered: 11/08/2016)

11/14/2016 188 OPPOSITION/RESPONSE (re 187 ADMINISTRATIVE MOTION Regarding Case Schedule ) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Serena P. Hallowell, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order, # 5 Certificate/Proof of Service)(Hallowell, Serena) (Filed on 11/14/2016) (Entered: 11/14/2016)

11/14/2016 189 REPLY (re 187 ADMINISTRATIVE MOTION Regarding Case Schedule ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 11/14/2016) (Entered: 11/14/2016)

11/16/2016 190 OPPOSITION/RESPONSE (re 185 MOTION for Leave to File Plaintiffs' Second Amended Class Action Complaint (Redacted) ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Declaration of

Cody Harris, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Celio, Michael) (Filed on 11/16/2016) (Entered: 11/16/2016)

11/16/2016 191 MOTION to Strike filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. Motion Hearing set for 5/4/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 11/30/2016. Replies due by 12/7/2016. (Attachments: # 1 Declaration of Cody Harris, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Proposed Order Granting Motion to Strike)(Celio, Michael) (Filed on 11/16/2016) (Entered: 11/16/2016)

11/21/2016 192 NOTICE of Appearance by James Matthew Wagstaffe (Wagstaffe, James) (Filed on 11/21/2016) (Entered: 11/21/2016)

11/21/2016 193 NOTICE of Appearance by Ivo Michael Labar (Labar, Ivo) (Filed on 11/21/2016) (Entered: 11/21/2016)

11/22/2016 194 Renotice motion hearing re 185 MOTION for Leave to File Plaintiffs' Second Amended Class Action Complaint (Redacted) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Related document(s) 185 ) (Labar, Ivo) (Filed on 11/22/2016) (Entered: 11/22/2016)

11/22/2016 ***Set Hearing pursuant to 194 Notice as to 185 Motion for Leave to File Plaintiffs' Second Amended Class Action Complaint (Redacted). Motion Hearing set for 5/4/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (amkS, COURT STAFF) (Filed on 11/22/2016) (Entered: 12/19/2016)

11/23/2016 195 REPLY (re 185 MOTION for Leave to File Plaintiffs' Second Amended Class Action Complaint (Redacted) ) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Serena P. Hallowell, # 2 Exhibit 1 to Declaration of Serena P. Hallowell, # 3 Exhibit 2 to Declaration of Serena P. Hallowell, # 4 Exhibit 3 to Declaration of Serena P. Hallowell, # 5 Exhibit 4 to Declaration of Serena P. Hallowell, # 6 Exhibit 5 to Declaration of Serena P. Hallowell, # 7 Exhibit 6 to Declaration of Serena P. Hallowell, # 8 Declaration of Jerome C. Pontrelli, # 9 Declaration of Amy Greenbaum, # 10 Declaration of Danielle Stampley)(Hallowell, Serena) (Filed on 11/23/2016) (Entered: 11/23/2016)

11/30/2016 196 OPPOSITION/RESPONSE (re 191 MOTION to Strike ) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Proposed Order)(Hallowell, Serena) (Filed on 11/30/2016) (Entered: 11/30/2016)

12/05/2016 197 NOTICE of Appearance by John Watkins Keker (Keker, John) (Filed on 12/5/2016) (Entered: 12/05/2016)

12/05/2016 198 NOTICE of Appearance by Laurie Carr Mims (Mims, Laurie) (Filed on 12/5/2016) (Entered: 12/05/2016)

12/05/2016 199 Joint Discovery Letter Brief filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Harris, Cody) (Filed on 12/5/2016) (Entered: 12/05/2016)

12/07/2016 200 REPLY (re 191 MOTION to Strike ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Declaration Declaration of Cody Harris In Support of Reply In Support of Defendants' Motion to Strike, # 2 Exhibit A to Harris Declaration, # 3 Exhibit B to Harris Declaration)(Celio, Michael) (Filed on 12/7/2016) (Entered: 12/07/2016)

12/08/2016 201 Statement Joint Trial Setting Conference Statement by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 12/8/2016) (Entered: 12/08/2016)

12/15/2016 202 Minute Entry for proceedings held before Hon. Edward J. Davila: Status Conference held on 12/15/2016. The Court informed the parties that the pending Motion for Class Certification 123 ruling/order will be issued on 12/22/2016. The Court ordered current case schedule VACATED. The Motions to Strike and Amend which are currently noticed for May 4, 2017 will be addressed by the Court and a ruling/order as to these motions will be issued by 1/30/2017 (45 days from today). The Court requested that within 15 days of the order issued on 1/30/2017 the parties are to meet and confer and submit a proposed schedule for the case to the Court. The Court set a Further Case Management Conference. Updated Joint Case Management Statement due by 3/16/2017. Further Case Management Conference set for 3/23/2017 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Plaintiff Attorney Mark Arisohn, Serena Hallowell, Ivo Labar. Defendant Attorney Michael Celio, Laurie Carr Mims, Phillip Tassin. Total Time in Court:10:08-10:17am(9 Mins.) Court Reporter: Kim Thorpe. This is a text only Minute Entry (amkS, COURT STAFF) (Date Filed: 12/15/2016) (Entered: 12/15/2016)

12/15/2016 203 CASE MANAGEMENT ORDER and ORDER Granting 187 Administrative Motion to Vacate Case Schedule. Further Case Management Conference set for 3/23/2017 10:00 AM in Courtroom 4, 5th Floor, San Jose. Case Management Statement due by 3/16/2017. Signed by Judge Edward J. Davila on 12/15/2016. (ejdlc3S, COURT STAFF) (Filed on 12/15/2016) (Entered: 12/15/2016)

12/22/2016 204 ORDER Granting 123 Motion to Certify Class. Signed by Judge Edward J. Davila on 12/22/2016.. (ejdlc3S, COURT STAFF) (Filed on 12/22/2016) (Entered: 12/23/2016)

12/28/2016 205 MOTION for Leave to File Plaintiffs' Unopposed Administrative Motion to Submit Recent Decision Pursuant to Local Civil Rule 7-11 Re Motion to Strike Unsigned Papers filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Serena P. Hallowell, # 2 Exhibit A to Declaration of Serena P. Hallowell, # 3 Proposed Order)(Hallowell, Serena) (Filed on 12/28/2016) (Entered: 12/28/2016)

01/06/2017 206 FILED ON 01/05/2017 PETITION FOR PERMISSION TO APPEAL PURSUANT TO RULE 23(f). SERVED ON 01/05/2017 (bwS, COURT STAFF) (Filed on 1/6/2017) (Additional attachment(s) added on 1/6/2017: # 1 Petition for Permission to Appeal (Part 1), # 2 Petition for Permission to Appeal (Part 2)) (bwS, COURT STAFF). (Entered: 01/06/2017)

01/06/2017 USCA Case Number 17-80001 USCA for 206 . (bwS, COURT STAFF) (Filed on 1/6/2017) (Entered: 01/06/2017)

01/11/2017 207 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11066033.) filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Hawkins, Theodore) (Filed on 1/11/2017) (Entered: 01/11/2017)

01/11/2017 208 ORDER Granting 207 Application for Admission of Attorney Pro Hac Vice for Theodore J. Hawkins, Counsel for Plaintiffs and the Class. Signed by Judge Edward J. Davila on 1/11/2017. (amkS, COURT STAFF) (Filed on 1/11/2017) (Entered: 01/11/2017)

01/12/2017 209 MOTION for Leave to File Motion Seeking Narrow Reconsideration of the Court's Order Regarding Class Certification filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 1- Motion Seeking Narrow Reconsideration of the Court's Order Regarding Class Certificaiton, # 2 Proposed Order)(Hallowell, Serena) (Filed on 1/12/2017) (Entered: 01/12/2017)


01/25/2017 211 ORDER granting 205 Motion for Leave to File Recent Decision. Signed by Judge Edward J. Davila on 1/25/2017. (ejdlc1S, COURT STAFF) (Filed on 1/25/2017) (Entered: 01/25/2017)

01/25/2017 212 ORDER granting 185 Motion for Leave to Amend the Complaint; denying 191 Motion to Strike. Signed by Judge Edward J. Davila on 1/25/2017. (ejdlc1S, COURT STAFF) (Filed on 1/25/2017) (Entered: 01/25/2017)

01/26/2017 213 AMENDED COMPLAINT Second Amended Class Action Complaint (Redacted) against Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. Filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Hallowell, Serena) (Filed on 1/26/2017) (Entered: 01/26/2017)

01/26/2017 214 DOCUMENT E-FILED UNDER SEAL re 210 Order on Administrative Motion to File Under Seal Second Amended Class Action Complaint (Unredacted) by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Hallowell, Serena) (Filed on 1/26/2017) (Entered: 01/26/2017)

02/09/2017 215 MOTION to Dismiss THE SECOND AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. Motion Hearing set for 6/29/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 2/23/2017. Replies due by 3/2/2017. (Attachments: # 1 Proposed Order)(Celio, Michael) (Filed on 2/9/2017) (Entered: 02/09/2017)

02/14/2017 216 TRANSCRIPT ORDER for proceedings held on 12/15/2016 before Hon. Edward J. Davila by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund, for Court Reporter Kimberly Thorpe. (Fox, Christine) (Filed on 2/14/2017) (Entered: 02/14/2017)

02/17/2017 217 Transcript of Proceedings held on 12/15/16, before Judge Edward J. Davila. Court Reporter/Transcriber Kimberly Thorpe, telephone number 408761-5673. 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/Transcriber 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 216 Transcript Order, ) Redaction Request due 3/10/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/18/2017. (Related documents(s) 216 ) (sp, COURT STAFF) (Filed on 2/17/2017) (Entered: 02/17/2017)

02/21/2017 218 TRANSCRIPT ORDER for proceedings held on 12/15/2016 before Hon. Edward J. Davila by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith, for Court Reporter Kimberly Thorpe. (Tassin, Philip) (Filed on 2/21/2017) (Entered: 02/21/2017)

02/23/2017 219 Administrative Motion to File Under Seal Plaintiffs' Opposition to Defendants' Motion to Dismiss the Second Amended Class Action Complaint filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Serena P. Hallowell, # 2 Proposed Order, # 3 Plaintiffs' Opposition to Defendants' Motion to Dismiss The Second Amended Class Action Complaint (Redacted), # 4 Plaintiffs' Opposition to Defendants' Motion to Dismiss the Second Amended Class Action Complaint (Unredacted))(Hallowell, Serena) (Filed on 2/23/2017) (Entered: 02/23/2017)

02/23/2017 220 OPPOSITION/RESPONSE (re 215 MOTION to Dismiss THE SECOND AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF ) (Redacted) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Proposed Order)(Hallowell, Serena) (Filed on 2/23/2017) (Entered: 02/23/2017)

02/27/2017 221 Declaration of Kara Andersen in Support of 219 Administrative Motion to File Under Seal Plaintiffs' Opposition to Defendants' Motion to Dismiss the Second Amended Class Action Complaint filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Related document(s) 219 ) (Lazarus, Kate) (Filed on 2/27/2017) (Entered: 02/27/2017)

03/02/2017 222 REPLY (re 215 MOTION to Dismiss THE SECOND AMENDED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 3/2/2017) (Entered: 03/02/2017)

03/15/2017 223 NOTICE by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith of Firm Name and Email Address Change (Celio, Michael) (Filed on 3/15/2017) (Entered: 03/15/2017)

03/16/2017 224 JOINT CASE MANAGEMENT STATEMENT filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Hallowell, Serena) (Filed on 3/16/2017) (Entered: 03/16/2017)

03/17/2017 225 ORDER Granting 209 Motion for Leave to File Motion for Narrow Reconsideration of Class Certification Order. Signed by Judge Edward J. Davila on 3/17/2017. (ejdlc3S, COURT STAFF) (Filed on 3/17/2017) (Entered: 03/17/2017)

03/17/2017 226 CASE MANAGEMENT ORDER: The Case Management Conference scheduled for 3/23/2017 is VACATED. Joint Case Management Statement due by 1/22/2018. Further Case Management Conference set for 2/1/2018 10:00 AM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 3/17/2017. (amkS, COURT STAFF) (Filed on 3/17/2017) (Entered: 03/17/2017)

04/03/2017 227 MOTION for Reconsideration re 204 Order on Motion to Certify Class filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Proposed Order)(Hallowell, Serena) (Filed on 4/3/2017) (Entered: 04/03/2017)

04/10/2017 228 ORDER by Magistrate Judge Howard R. Lloyd re 199 Renewed Discovery Dispute Joint Report No. 1. (hrllc2, COURT STAFF) (Filed on 4/10/2017) (Entered: 04/10/2017)

04/17/2017 229 OPPOSITION/RESPONSE (re 227 MOTION for Reconsideration re 204 Order on Motion to Certify Class ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 4/17/2017) (Entered: 04/17/2017)

05/08/2017 230 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Related document(s) 215 ) (Tassin, Philip) (Filed on 5/8/2017) (Entered: 05/08/2017)

06/22/2017 231 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Related document(s) 215 ) (Harris, Cody) (Filed on 6/22/2017) (Entered: 06/22/2017)

06/27/2017 232 (Text Only) CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. Motion to Dismiss Second Amended Complaint(Docket Item No. 215 ) before Judge Edward J. Davila previously noticed for 6/29/2017 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 6/29/2017 hearing is VACATED - NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 6/27/2017) (Entered: 06/27/2017)

07/13/2017 233 STIPULATION WITH PROPOSED ORDER re 226 Order,, Set Deadlines/Hearings, filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Hallowell, Serena) (Filed on 7/13/2017) (Entered: 07/13/2017)

07/13/2017 234 Declaration of Serena P. Hallowell in Support of 233 STIPULATION WITH PROPOSED ORDER re 226 Order,, Set Deadlines/Hearings, filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Related document(s) 233 ) (Hallowell, Serena) (Filed on 7/13/2017) (Entered: 07/13/2017)

07/14/2017 235 ORDER granting 233 Stipulation Regarding the Case Schedule. Signed by Judge Edward J. Davila on 7/14/2017. (ejdlc1S, COURT STAFF) (Filed on 7/14/2017) (Entered: 07/14/2017)


09/29/2017 237 ORDER denying 215 Motion to Dismiss Second Amended Complaint; denying 227 Motion for Reconsideration. Signed by Judge Edward J. Davila on 09/29/2017. (ejdlc3S, COURT STAFF) (Filed on 9/29/2017) (Entered: 09/29/2017)

10/06/2017 238 Proposed Order regarding the Case Schedule by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Hallowell, Serena) (Filed on 10/6/2017) (Entered: 10/06/2017)

10/11/2017 239 ORDER RE 238 CASE SCHEDULE. Trial Setting Conference set for 11/16/2017 11:00 AM in Courtroom 4, 5th Floor, San Jose before Judge Edward J. Davila. Joint Trial Setting Conference Statement due 11/6/2017. Signed by Judge Edward J. Davila on 10/11/2017. (amkS, COURT STAFF) (Filed on 10/11/2017) (Entered: 10/11/2017)

10/24/2017 240 ANSWER to Amended Complaint SECOND AMENDED COMPLAINT byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 10/24/2017) (Entered: 10/24/2017)

10/30/2017 241 ORDER of USCA as to 206 Appeal Remark, USCA Case Number (cv, COURT STAFF) (Filed on 10/30/2017) (Entered: 10/31/2017)

11/06/2017 242 JOINT TRIAL SETTING CONFERENCE STATEMENT] filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 11/6/2017) Modified on 11/6/2017 (cv, COURT STAFF). (Entered: 11/06/2017)

11/08/2017 243 PRETRIAL ORDER(JURY): The Trial Setting Conference scheduled for 11/16/2017 is VACATED - NO APPEARANCE NECESSARY and the parties are ordered to comply with the schedule set forth in the Order. Daubert Motions due by 8/2/2018. Responses due by 8/16/2018. Replies due by 8/23/2018. Daubert Motion Hearing set for 9/6/2018 09:00 AM in Courtroom 4, 5th Floor, San Jose before Judge Edward J. Davila. Joint Final Pretrial Conference Statement due by 10/4/2018. Final Pretrial Conference set for 10/18/2018 11:00 AM. Jury Selection set for 10/30/2018 09:00 AM, Jury Trial set for 10/30/2018 01:30 PM. Jury Trial dates:10/31,11/2,11/6,11/7,11/9,11/13,11/14 and 11/20, 11/21 (deliberations). Signed by Judge Edward J. Davila on 11/8/2017. (amkS, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

11/08/2017 ***Set Deadlines/Hearings pursuant to ECF 243 : Jury Trial set for 11/16/2018 09:00 AM in Courtroom 4, 5th Floor, San Jose before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

11/24/2017 244 ORDER of USCA as to 206 Appeal Remark, The motion for reconsideration (Docket Entry No. 23 ) is denied. See 9th Cir. R. 27-10. No further filings will be

entertained in this closed case. (bwS, COURT STAFF) (Filed on 11/24/2017) (Entered: 11/24/2017)

12/06/2017 245 MOTION Class Representatives' Motion for Approval of Notice of Pendency of Class Action filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. Motion Hearing set for 3/8/2018 09:00 AM in Courtroom 4, 5th Floor, San Jose before Judge Edward J. Davila. Responses due by 12/20/2017. Replies due by 12/27/2017. (Attachments: # 1 Proposed Order Approving Notice of Pendency of Class Action)(Fox, Christine) (Filed on 12/6/2017) (Entered: 12/06/2017)

12/06/2017 246 Declaration of Christine M. Fox in Support of 245 MOTION Class Representatives' Motion for Approval of Notice of Pendency of Class Action filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 245 ) (Fox, Christine) (Filed on 12/6/2017) (Entered: 12/06/2017)

12/20/2017 247 Partial OPPOSITION/RESPONSE (re 245 MOTION Class Representatives' Motion for Approval of Notice of Pendency of Class Action ) filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Declaration of Philip Tassin in support of Opposition, # 2 Proposed Order)(Celio, Michael) (Filed on 12/20/2017) Modified on 12/28/2017 (cv, COURT STAFF). (Entered: 12/20/2017)

12/27/2017 248 REPLY (re 245 MOTION Class Representatives' Motion for Approval of Notice of Pendency of Class Action ) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Fox, Christine) (Filed on 12/27/2017) (Entered: 12/27/2017)

02/02/2018 249 MOTION for leave to appear in Pro Hac Vice on behalf of Michael P. Canty ( Filing fee $ 310, receipt number 0971-12080593.) filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Canty, Michael) (Filed on 2/2/2018) (Entered: 02/02/2018)

02/02/2018 250 ORDER Granting 249 Application for Admission of Attorney Pro Hac Vice for Michael P. Canty, Counsel for Plaintiffs and the Class. Signed by Judge Edward J. Davila on 2/2/2018. (amkS, COURT STAFF) (Filed on 2/2/2018) (Entered: 02/02/2018)

02/09/2018 251 MOTION for Leave to File a Renewed Motion for Reconsideration Pursuant to Civil Local Rule 7-9 filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 1 - Renewed Motion for Reconsideration)(Hallowell, Serena) (Filed on 2/9/2018) (Entered: 02/09/2018)

02/09/2018 252 MOTION for Summary Judgment filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. Motion Hearing set for 6/14/2018 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 3/23/2018. Replies due by 4/23/2018. (Attachments: # 1 Separate Statement in support of Motion for Summary Judgment, # 2 Proposed Order)(Celio, Michael) (Filed on 2/9/2018) (Entered: 02/09/2018)

02/09/2018 253 Declaration of Philip J. Tassin in Support of 252 MOTION for Summary Judgment filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Related document(s) 252 ) (Tassin, Philip) (Filed on 2/9/2018) (Entered: 02/09/2018)

03/08/2018 254 Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing re 245 Motion Class Representatives' Motion for Approval of Notice of Pendency of Class Action held on 3/8/2018. Counsel shall edit the proposed order and submit to the Court for approval. Court to issue order. Plaintiff Attorney: Mark Arisohn, James Wagstaffe, Ivo Labar. Defendant Attorney: Michael Celio, Phillip Tassin, Cody Harris. Total Time in Court:9:00-9:10,9:15-9:17am(12 Mins.) Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Date Filed: 3/8/2018) (Entered: 03/08/2018)

03/09/2018 255 ORDER granting 251 Motion for Leave to File motion for reconsideration. Signed by Judge Edward J. Davila on 3/9/2018. (ejdlc3S, COURT STAFF) (Filed on 3/9/2018) (Entered: 03/09/2018)

03/09/2018 256 RESPONSE to 254 Motion Hearing: Joint Submission regarding Approval of Form and Content of Notice and Method for Providing Notice to the Class by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Proposed Order Approving Notice and Summary Notice of Pendency of Class Action)(Fox, Christine) (Filed on 3/9/2018) (Entered: 03/09/2018)

03/09/2018 257 MOTION for Reconsideration - Plaintiffs' Renewed Motion Seeking Narrow Reconsideration of the Court's Order Regarding Class Certification filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Hallowell, Serena) (Filed on 3/9/2018) (Entered: 03/09/2018)

03/12/2018 258 ORDER approving notice and summary notice of pendency of class action 245 . Signed by Judge Edward J. Davila on 3/12/2018. (ejdlc3S, COURT STAFF) (Filed on 3/12/2018) (Entered: 03/12/2018)

03/23/2018 259 Administrative Motion to File Under Seal filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Declaration of Serena Hallowell, # 2 Proposed Order, # 3 [UNREDACTED] Plaintiffs' Opposition to Defendants' Motion for Summary Judgment, # 4 [REDACTED] Plaintiffs' Opposition to Defendants' Motion for Summary Judgment,

# 5 [UNREDACTED] Responsive Separate Statement, # 6 [REDACTED] Responsive Separate Statement, # 7 Exhibit [UNREDACTED] 101-102, # 8 Exhibit [UNREDACTED] 104-111, # 9 Exhibit [UNREDACTED] 113-120, # 10 Exhibit [UNREDACTED] 121-126, # 11 Exhibit [UNREDACTED] 128-129, # 12 Exhibit [UNREDACTED] 131-134, # 13 Exhibit [UNREDACTED] 136-138, # 14 Exhibit [UNREDACTED] 139, # 15 Exhibit [UNREDACTED] 140, # 16 Exhibit [UNREDACTED] 141, # 17 Exhibit [UNREDACTED] 142-152, # 18 Exhibit [UNREDACTED] 154-156, # 19 Exhibit [UNREDACTED] 158-159)(Hallowell, Serena) (Filed on 3/23/2018) Modified text on 3/26/2018 (cvS, COURT STAFF). (Entered: 03/23/2018)

03/23/2018 260 OPPOSITION/RESPONSE (re 257 MOTION for Reconsideration - Plaintiffs' Renewed Motion Seeking Narrow Reconsideration of the Court's Order Regarding Class Certification ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Celio, Michael) (Filed on 3/23/2018) (Entered: 03/23/2018)

03/23/2018 261 *** DUPLICATE DOCKET ENTRY *** please ignore OPPOSITION/RESPONSE (re 257 by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Bruns, Andrew) (Filed on 3/23/2018) Modified on 3/26/2018 (cv, COURT STAFF). (Entered: 03/23/2018)

03/23/2018 262 EXHIBITS re 259 Administrative Motion to File Under Seal filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit [UNREDACTED] 161-162, # 2 Exhibit [UNREDACTED] 166, # 3 Exhibit [UNREDACTED] 169-178, # 4 Exhibit [UNREDACTED] 181, # 5 Exhibit [UNREDACTED] 188)(Related document(s) 259 ) (Hallowell, Serena) (Filed on 3/23/2018) (Entered: 03/23/2018)

03/23/2018 263 EXHIBITS re 259 Administrative Motion to File Under Seal filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit [UNREDACTED] 190-196, # 2 Exhibit [UNREDACTED] 198-204, # 3 Exhibit [UNREDACTED] 208-210, # 4 Exhibit [UNREDACTED] 212-213)(Related document(s) 259 ) (Hallowell, Serena) (Filed on 3/23/2018) (Entered: 03/23/2018)

03/23/2018 264 EXHIBITS re 259 Administrative Motion to File Under Seal filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit [UNREDACTED] 215-220, # 2 Exhibit [UNREDACTED] 222-223, # 3 Exhibit [UNREDACTED] 228, # 4 Exhibit [UNREDACTED] 232-236)(Related document(s) 259 ) (Hallowell, Serena) (Filed on 3/23/2018) (Entered: 03/23/2018)

03/23/2018 265 OPPOSITION/RESPONSE (re 252 MOTION for Summary Judgment ) filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 [REDACTED] Responsive Separate Statement, # 2 Declaration of Christine Fox, # 3 Exhibit [REDACTED] 101-102, # 4 Exhibit 103, # 5 Exhibit [REDACTED] 104-111, # 6 Exhibit 112, # 7 Exhibit [REDACTED] 113-126, # 8 Exhibit 127, # 9 Exhibit [REDACTED] 128-129, # 10 Exhibit 130, # 11 Exhibit [REDACTED] 131-134, # 12 Exhibit 135, # 13 Exhibit [REDACTED] 136-152, # 14 Exhibit 153, # 15 Exhibit [REDACTED] 154-156, # 16 Exhibit 157, # 17 Exhibit [REDACTED] 158-159, # 18 Exhibit 160, # 19 Exhibit [REDACTED] 161-162, # 20 Exhibit 163, # 21 Exhibit 164, # 22 Exhibit 165, # 23

Exhibit [REDACTED] 166, # 24 Exhibit 167, # 25 Exhibit 168, # 26 Exhibit [REDACTED] 169-178)(Hallowell, Serena) (Filed on 3/23/2018) (Entered: 03/23/2018)

03/23/2018 266 EXHIBITS re 265 Opposition/Response to Motion,,, filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 180, # 2 Exhibit [REDACTED] 181, # 3 Exhibit 182, # 4 Exhibit 183, # 5 Exhibit 184, # 6 Exhibit 185, # 7 Exhibit 186, # 8 Exhibit 187, # 9 Exhibit [REDACTED] 188, # 10 Exhibit 189, # 11 Exhibit [REDACTED] 190-196, # 12 Exhibit 197, # 13 Exhibit [REDACTED] 198-204, # 14 Exhibit 205, # 15 Exhibit 206, # 16 Exhibit 207, # 17 Exhibit [REDACTED] 208-210, # 18 Exhibit 211, # 19 Exhibit [REDACTED] 212-213, # 20 Exhibit 214, # 21 Exhibit [REDACTED] 215-220, # 22 Exhibit 221, # 23 Exhibit [REDACTED] 222-223, # 24 Exhibit 224, # 25 Exhibit 225, # 26 Exhibit 226, # 27 Exhibit 227, # 28 Exhibit [REDACTED] 228, # 29 Exhibit 229, # 30 Exhibit 230, # 31 Exhibit 231, # 32 Exhibit [REDACTED] 232-236, # 33 Exhibit 179)(Related document(s) 265 ) (Hallowell, Serena) (Filed on 3/23/2018) (Entered: 03/23/2018)

03/26/2018 267 EXHIBITS re 259 Administrative Motion to File Under Seal filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 CORRECTED UNREDACTED Exhibit 212-213)(Related document(s) 259 ) (Hallowell, Serena) (Filed on 3/26/2018) (Entered: 03/26/2018)

03/27/2018 268 Statement of Non-Opposition re 259 Administrative Motion to File Under Seal filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Related document(s) 259 ) (Celio, Michael) (Filed on 3/27/2018) (Entered: 03/27/2018)


03/28/2018 270 NOTICE of Change In Counsel that Alexander Dryer is no longer associated with the law firm of Keker, Van Nest & Peters, LLP by Philip James Tassin (Notice of Withdrawal of Alexander Dryer) (Tassin, Philip) (Filed on 3/28/2018) Modified on 11/16/2018 (cv, COURT STAFF). (Entered: 03/28/2018)

03/29/2018 271 NOTICE of Appearance by Cecily Gwyn Harris (Harris, Cecily) (Filed on 3/29/2018) (Entered: 03/29/2018)

04/23/2018 272 Administrative Motion to File Under Seal Portions of their Reply Separate Statement of Undisputed Facts in support of Defendant's motion for Summary Judgment filed by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie M. Smith (Attachments: # 1 Declaration of Kara Anderson in support of Defendants Administrative Motion to Seal , # 2 [Proposed Order # 3 Reply Separate Statement of Undisputed Facts in support of Defendant's motion for Summary Judgment REDACTED, # 4Reply Separate Statement of Undisputed Facts in support of Defendant's motion for Summary Judgment - UNREDACTED)(Celio, Michael) (Filed on 4/23/2018) Modified on 4/23/2018 (cv, COURT STAFF). Modified on 4/23/2018 (cv, COURT STAFF). (Entered: 04/23/2018)

04/23/2018 273 REPLY (re 252 MOTION for Summary Judgment ) filed byGary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith. (Attachments: # 1 EXHIBIT A, # 2 REPLY SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - REDACTED)(Celio, Michael) (Filed on 4/23/2018) (Entered: 04/23/2018)

04/26/2018 275 SUA SPONTE REFERRAL FOR DETERMINING RELATIONSHIP OF CASES. Signed by Judge Lucy H. Koh on 4/26/2018. (iym, COURT STAFF) (Filed on 4/26/2018) (Entered: 04/30/2018)

04/30/2018 274 SUA SPONTE JUDICIAL REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP OF CASES C18-2215 BLF, C18-2216 BLF, C18-2266 BLF to No. C13-01920 EJD or No. C18-2197 EJD. Signed by Judge Beth Labson Freeman on 4/27/2018. (blflc2S, COURT STAFF) (Filed on 4/30/2018) (Entered: 04/30/2018)

05/01/2018 276 ORDER RE: SUA SPONTE JUDICIAL REFERRALS FOR PURPOSE OF DETERMINING RELATIONSHIP filed in Case Nos. 5:13-cv-01920-EJD and 5:18-cv-02197-EJD. The court will not order the cases related and will not order reassignments. Signed by Judge Edward J. Davila on 5/1/2018. (ejdlc1S, COURT STAFF) (Filed on 5/1/2018) (Entered: 05/01/2018)

05/02/2018 277 NOTICE by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith OF WITHDRAWAL (Lazarus, Kate) (Filed on 5/2/2018) (Entered: 05/02/2018)

06/06/2018 278 ORDER denying 257 Motion for Reconsideration. Signed by Judge Edward J. Davila on 6/6/2018. (ejdlc3S, COURT STAFF) (Filed on 6/6/2018) (Entered: 06/06/2018)

06/06/2018 279 CLERK'S NOTICE Continuing Motion Hearing. Please take NOTICE that the motion hearing date as to 252 Motion for Summary Judgment previously set for 6/14/2018 is HEREBY RESET (Special Set) to 6/27/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 6/6/2018) (Entered: 06/06/2018)


06/07/2018 281 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by Judge Executive Committee on 6/7/18. (cv, COURT STAFF) (Filed on 6/7/2018) (Entered: 06/08/2018)

06/08/2018 282 NOTICE by Gary Guthart, Intuitive Surgical, Inc., Marshall L. Mohr, Lonnie Smith JOINT NOTICE OF SETTLEMENT IN PRINCIPLE (Celio, Michael) (Filed on 6/8/2018) (Entered: 06/08/2018)

06/11/2018 283 ORDER TO SHOW CAUSE RE SETTLEMENT. Order to Show Cause Hearing set for 8/16/2018 10:00 AM. Show Cause Response due by 8/6/2018. All motions/deadlines/hearings have been terminated/vacated. Signed by Judge Edward J. Davila on 6/11/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 6/11/2018) (Entered: 06/11/2018)

06/15/2018 284 NOTICE of Appearance by Laurence James Pino (Pino, Laurence) (Filed on 6/15/2018) (Entered: 06/15/2018)

06/28/2018 285 AFFIDAVIT re 258 Order on Motion for Miscellaneous Relief Requiring Affidavit Regarding Mailing of Notice of Pendency of Class Action by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Fox, Christine) (Filed on 6/28/2018) (Entered: 06/28/2018)

06/29/2018 286 MOTION to Withdraw as Attorney for Michael W. Stocker, Esq., Samuel De Villiers, Esq., Jonathan M. Plasse, Esq. and Yah E. Demann, Esq. filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. Responses due by 7/13/2018. Replies due by 7/20/2018. (Attachments: # 1 Proposed Order)(Gardner, Jonathan) (Filed on 6/29/2018) (Entered: 06/29/2018)

07/09/2018 287 ORDER granting 286 Motion to Withdraw as Attorney. Signed by Judge Edward J. Davila on 7/9/2018. (ejdlc3S, COURT STAFF) (Filed on 7/9/2018) (Entered: 07/09/2018)

07/26/2018 288 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12544964.) filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Zeiss, Nicole) (Filed on 7/26/2018) (Entered: 07/26/2018)

07/27/2018 289 ORDER denying without prejudice 288 Application for Admission for Pro Hac Vice. Signed by Judge Edward J. Davila on 7/27/2018. (ejdlc1S, COURT STAFF) (Filed on 7/27/2018) (Entered: 07/27/2018)

07/30/2018 290 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12544964.) Filing fee previously paid on 7/26/2018 filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Zeiss, Nicole) (Filed on 7/30/2018) (Entered: 07/30/2018)

07/31/2018 291 ORDER Granting 290 Application for Admission of Attorney Pro Hac Vice for Nicole M. Zeiss, Counsel for Lead Plaintiff and the Class. Signed Judge Edward J. Davila 7/31/2018.(amkS, COURT STAFF) (Filed on 7/31/2018) (Entered: 07/31/2018)

08/06/2018 292 RESPONSE TO ORDER TO SHOW CAUSE by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund JOINT RESPONSE TO ORDER TO SHOW CAUSE REGARDING SETTLEMENT re: 283 . (Attachments: # 1 Proposed Order)(Hallowell, Serena) (Filed on 8/6/2018) (Entered: 08/06/2018)

08/09/2018 293 ORDER re: 292 RESPONSE TO ORDER TO SHOW CAUSE. The parties are directed to file, on or before 9/4/2018 either: (i) a motion seeking preliminary approval of the settlement, together with the executed settlement agreement, or (ii) a status report updating the Court on the parties' settlement negotiations. The Order to Show Cause hearing currently scheduled for 8/16/2018 is cancelled. Signed by Judge Edward J. Davila on 8/9/2018. (ejdlc1S, COURT STAFF) (Filed on 8/9/2018) (Entered: 08/09/2018)

08/09/2018 294 NOTICE of Change of Address by Michael D. Celio (Notice of Change of Firm Affiliation and Change of Address) (Celio, Michael) (Filed on 8/9/2018) (Entered: 08/09/2018)

08/09/2018 ***Set Deadlines/Hearings per ECF 293 Order: Motion seeking preliminary approval of the settlement due by 9/4/2018 or Status Report due by 9/4/2018. (amkS, COURT STAFF) (Filed on 8/9/2018) (Entered: 08/09/2018)

09/04/2018 295 STATUS REPORT (Joint Status Report Regarding Settlement) by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Proposed Order)(Hallowell, Serena) (Filed on 9/4/2018) (Entered: 09/04/2018)

09/04/2018 296 ORDER setting deadline to file either motion for prelim. approval of settlement or status report. Signed by Judge Edward J. Davila on 9/4/2018. (ejdlc3S, COURT STAFF) (Filed on 9/4/2018) (Entered: 09/04/2018)

09/11/2018 297 MOTION for Settlement CLASS REPRESENTATIVES UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. Motion Hearing set for 10/4/2018 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 9/25/2018. Replies due by 10/2/2018. (Attachments: # 1 Proposed Order)(Gardner, Jonathan) (Filed on 9/11/2018) (Entered: 09/11/2018)

09/11/2018 298 Declaration of Jonathan Gardner in Support of 297 MOTION for Settlement CLASS REPRESENTATIVES UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 297 ) (Gardner, Jonathan) (Filed on 9/11/2018) (Entered: 09/11/2018)

09/11/2018 299 STIPULATION re 297 MOTION for Settlement CLASS REPRESENTATIVES UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT : [JOINT STIPULATION REGARDING SHORTENING TIME FOR NOTICE OF PRELIMINARY APPROVAL HEARING DATE] filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Gardner, Jonathan) (Filed on 9/11/2018) (Entered: 09/11/2018)

09/11/2018 300 ORDER re 299 Joint Stipulation Regarding Shortening Time for Notice of Preliminary Approval Hearing Date. Signed by Judge Edward J. Davila on 9/11/2018. (amkS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/11/2018)

09/25/2018 301 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12707455.) filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Rosenberg, Elizabeth) (Filed on 9/25/2018) (Entered: 09/25/2018)

09/25/2018 302 ORDER Granting 301 Application for Admission of Attorney for Pro Hac Vice for Elizabeth Rosenberg, Counsel for Lead Plaintiff and the Class. Signed by Judge Edward J. Davila on 9/25/2018. (amkS, COURT STAFF) (Filed on 9/25/2018) (Entered: 09/25/2018)

10/04/2018 303 Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing re 297 Motion for Settlement CLASS REPRESENTATIVES UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT filed by Greater Pennsylvania Carpenters' Pension Fund, Employees' Retirement System of the State of Hawaii held on 10/4/2018. The Court finds the settlement is fair, adequate and reasonable and will approve the Motion for Preliminary Approval of Class Action Settlement. Court to issue order. The Court set a Final Approval of Settlement Hearing for 12/20/2018 at 10:00 am. Plaintiff Attorney: Elizabeth Rosenberg, Jonathan Gardner. Defendant Attorney: Cody Harri, Phillip Tassin. Total Time in Court:9:07-9:30am(23 Mins.) Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Date Filed: 10/4/2018) (Entered: 10/04/2018)

10/04/2018 304 Order granting 297 preliminary approval of class action settlement, approving form and manner of notice, and setting date for hearing on final approval of settlement. Signed by Judge Edward J. Davila on 10/4/2018. (ejdlc3S, COURT STAFF) (Filed on 10/4/2018) (Entered: 10/04/2018)

10/26/2018 305 Transcript of Proceedings held on 10/04/2018, before Judge Davila. Court Reporter Irene L. Rodriguez, email address [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. Release of Transcript Restriction set for 1/24/2019. (Rodriguez, Irene) (Filed on 10/26/2018) (Entered: 10/26/2018)

10/29/2018 306 TRANSCRIPT ORDER for proceedings held on 10/04/2018 before Judge Edward J. Davila by Marshall L. Mohr, for Court Reporter Irene Rodriguez. (Harris, Cody) (Filed on 10/29/2018) (Entered: 10/29/2018)

11/14/2018 307 MOTION to Withdraw as Attorney on behalf of Mark Arisohn, Esq. filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. Responses due by 11/28/2018. Replies due by 12/5/2018. (Attachments: # 1 Proposed Order)(Gardner, Jonathan) (Filed on 11/14/2018) (Entered: 11/14/2018)

11/15/2018 308 MOTION for Settlement and Approval of Plan of Allocation filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. Motion Hearing set for 12/20/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 11/29/2018. Replies due by 12/6/2018. (Gardner, Jonathan) (Filed on 11/15/2018) (Entered: 11/15/2018)

11/15/2018 309 MOTION for Attorney Fees and Payment of Expenses filed by Employees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. Motion Hearing set for 12/20/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 11/29/2018. Replies due by 12/6/2018. (Gardner, Jonathan) (Filed on 11/15/2018) (Entered: 11/15/2018)

11/15/2018 310 Declaration of Jonathan Gardner in Support of 309 MOTION for Attorney Fees and Payment of Expenses, 308 MOTION for Settlement and Approval of Plan of Allocation filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 309 , 308 ) (Gardner, Jonathan) (Filed on 11/15/2018) (Entered: 11/15/2018)

11/19/2018 311 Order granting 307 Motion to Withdraw as Attorney. Signed by Judge Edward J. Davila on 11/19/2018.(ejdlc3S, COURT STAFF) (Filed on 11/19/2018) (Entered: 11/19/2018)

12/13/2018 312 Brief re 309 MOTION for Attorney Fees and Payment of Expenses, 308 MOTION for Settlement and Approval of Plan of Allocation [REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF FINAL APPROVAL AND FEES AND EXPENSES] filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Attachments: # 1 Proposed Order Final Judgment, # 2 Proposed Order Plan of Allocation, # 3 Proposed Order Fees and Expenses)(Related document(s) 309 , 308 ) (Gardner, Jonathan) (Filed on 12/13/2018) (Entered: 12/13/2018)

12/13/2018 313 Declaration of Brian Stone in Support of 309 MOTION for Attorney Fees and Payment of Expenses, 308 MOTION for Settlement and Approval of Plan of Allocation [SUPPLEMENTAL MAILING DECLARATION] filed byEmployees' Retirement System of the State of Hawaii, Greater Pennsylvania Carpenters' Pension Fund. (Related document(s) 309 , 308 ) (Gardner, Jonathan) (Filed on 12/13/2018) (Entered: 12/13/2018)

12/20/2018 314 Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing re 309 Motion for Attorney Fees and Payment of Expenses filed by Greater Pennsylvania Carpenters' Pension Fund, Employees' Retirement System of the State of Hawaii, and 308 Motion for Settlement and Approval of Plan of Allocation filed by Greater Pennsylvania Carpenters' Pension Fund, Employees' Retirement System of the State of Hawaii held on 12/20/2018. The Court finds the settlement fair, adequate and reasonable and GRANTS Motion for Settlement and GRANTS Motion for Attorney Fees. Court to issue the Orders. Plaintiff Attorney: Jonathan Gardner, Nicole Zeiss. Defendant Attorney: Michael Celio. Total Time in Court:10:05-10:29am(24 Mins.)Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Date Filed: 12/20/2018) (Entered: 12/20/2018)

12/20/2018 315 NOTICE of Change of Address by James Matthew Wagstaffe (Wagstaffe, James) (Filed on 12/20/2018) (Entered: 12/20/2018)

12/20/2018 316 Order approving plan of allocation 308 . Signed by Judge Edward J. Davila on 12/20/2018. (ejdlc3S, COURT STAFF) (Filed on 12/20/2018) (Entered: 12/20/2018)

12/20/2018 317 Order awarding 309 Attorneys' Fees, payment of expenses and payment of class representatives' expenses. Signed by Judge Edward J. Davila on

12/20/2018. (ejdlc3S, COURT STAFF) (Filed on 12/20/2018) (Entered: 12/20/2018)

12/20/2018 318 Final Order and JUDGMENT. Signed by Judge Edward J. Davila on 12/20/2018. The Clerk shall close the file. (ejdlc3S, COURT STAFF) (Filed on 12/20/2018) (Entered: 12/20/2018)

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