U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA...

US District Court Civil Docket as of July 17, 2009Retrieved from the court on August 12, 2009

U.S. District CourtEASTERN DISTRICT OF NORTH CAROLINA (Eastern Division)

CIVIL DOCKET FOR CASE #: 4:05-cv-00152-F

Huttenstine v. Mast et al Date Filed: 11/22/2005Assigned to: Judge James C. Fox Date Terminated: 04/09/2008Demand: $10,000 Jury Demand: PlaintiffCase in other court: 4th Circuit, 08-01488 Nature of Suit: 850Cause: 28:1331 Fed. Question: Securities Violation Securities/Commodities

Jurisdiction: Federal Question

Plaintiff

Russell Todd Huttenstine represented by Samuel Ranchor Harris , IIIOn Behalf of Himself and all Others Wilson & Iseman, LLPSimilarly Situated 110 Oakwood Dr.

Suite 400Winston-Salem , NC 27103336-631-8866Fax: 336-631-9770Email: [email protected]: 05/09/2008LEAD ATTORNEY

Kevin B. CartledgeWilson & Coffey, LLP110 Oakwood Dr., Suite 400Winston-Salem , NC 27103336-631-8866Fax: 336-631-9770Email: [email protected] TO BE NOTICED

Laurence RosenThe Rosen Law Firm, P.A.350 Fifth Avenue, Suite 5508New York , NY 10118212-686-1060Fax: 212-202-3827ATTORNEY TO BE NOTICED

Phillip KimThe Rosen Law Firm, P.A.350 Fifth Avenue, Suite 5508New York , NY 10118212-686-1060Fax: 212-202-3827

ATTORNEY TO BE NOTICED

Plaintiff

Ronald A. Schindeler represented by Kevin B. Cartledge(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Samuel Ranchor Harris , III(See above for address)TERMINATED: 05/09/2008LEAD ATTORNEY

Laurence Rosen(See above for address)ATTORNEY TO BE NOTICED

Phillip Kim(See above for address)ATTORNEY TO BE NOTICED

Plaintiff

Robert G. Cole represented by Kevin B. Cartledge(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED




Plaintiff

Jamie Slaughterbeck represented by Kevin B. Cartledge(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED




Plaintiff

William Schutter represented by Kevin B. Cartledge(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED




V.

Defendant

Dennis Mast represented by Donald J. HarrisHarris, Winfield, Sarratt & Hodges, LLP1620 Hillsborough St., Suite 200Raleigh , NC 27605919-546-8788Fax: 546-8789Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Neil A. RiemannTaylor Penry Rash & Riemann, PLLC510 Glenwood Ave.Suite 319Raleigh , NC 27603919-833-9449Fax: 919-833-9448Email: [email protected]: 05/24/2007

LEAD ATTORNEY

Cynthia A. O'NealTaylor Penry Rash & Riemann, PLLC510 Glenwood Ave.Suite 319Raleigh , NC 27603919-833-9449x205Fax: 919-833-9448Email: [email protected] TO BE NOTICED

Defendant

George A. Moore represented by Donald J. Harris(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Neil A. Riemann(See above for address)TERMINATED: 05/24/2007LEAD ATTORNEY

Cynthia A. O'Neal(See above for address)ATTORNEY TO BE NOTICED

Defendant

Shane Traveler represented by L. Neal Ellis , Jr.Hunton & Williams, LLPP. O. Box 109Raleigh , NC 27602919-899-3000Fax: 833-6352Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Raymond A. StarlingHunton & Williams, LLPP. O. Box 109Raleigh , NC 27602919-899-3000Fax: 919--833-3289Email: [email protected]: 02/22/2007

Defendant

Ross W. Smith represented by Donald J. Harris(See above for address)

LEAD ATTORNEYATTORNEY TO BE NOTICED



Defendant

Hydroflo, Inc. represented by Donald J. Harris(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Defendant

Metals and Arsenic Removal represented by Donald J. HarrisTechnology, Inc. (See above for address)

LEAD ATTORNEYATTORNEY TO BE NOTICED



Date Filed # Docket Text

11/22/2005 1 COMPLAINT against Dennis Mast, George A. Moore, Shane Traveler, Ross W.Smith, Hydroflo, Inc. (Filing fee $ 250.) , filed by Russell Todd Huttenstine. JURYTRIAL DEMANDED. Counsel advised of potential CLASS ACTION in thismatter(Attachments: # 1 Civil Cover Sheet # 2 Filing Fee, Receipt No. 105-23546)(Deputy Clerk, SE) Modified on 11/30/2005 to include information about

potential class action (Deputy Clerk, SE). (Entered: 11/30/2005)

11/22/2005 2 Summons Issued as to Shane Traveler. (Deputy Clerk, SE) (Entered: 11/30/2005)

11/23/2005 3 Summons Issued as to Dennis Mast. (Deputy Clerk, SE) (Entered: 11/30/2005)

11/23/2005 4 Summons Issued as to George A. Moore. (Deputy Clerk, SE) (Entered: 11/30/2005)

11/23/2005 5 Summons Issued as to Ross W. Smith. (Deputy Clerk, SE) (Entered: 11/30/2005)

11/23/2005 6 Summons Issued as to Hydroflo, Inc.. (Deputy Clerk, SE) (Entered: 11/30/2005)

12/05/2005 7 Summons Reissued as to Dennis Mast. (Deputy Clerk, SE) (Entered: 12/07/2005)

12/05/2005 8 Summons Reissued as to George A. Moore. (Deputy Clerk, SE) (Entered: 12/07/2005)

12/05/2005 9 Summons Reissued as to Hydroflo, Inc.. (Deputy Clerk, SE) (Entered: 12/07/2005)

12/05/2005 10 Summons Reissued as to Ross W. Smith. (Deputy Clerk, SE) (Entered: 12/07/2005)

12/05/2005 11 Summons Reissued as to Shane Traveler. (Deputy Clerk, SE) (Entered: 12/07/2005)

01/23/2006 12 First MOTION to Appoint Counsel Lead Counsel by Russell Todd Huttenstine.(Harris, Samuel) (Entered: 01/23/2006)

01/23/2006 13 Memorandum in Support of Motion to Appoint Plaintiffs' Lead Counsel filed byRussell Todd Huttenstine. (Harris, Samuel) (Entered: 01/23/2006)

01/23/2006 14 AFFIDAVIT in Support re 12 First MOTION to Appoint Counsel Lead Counsel filedby Russell Todd Huttenstine. (Attachments: # 1 Exhibit Press Release# 2 Exhibit Dyerand Shuman PR# 3 Exhibit client-certs# 4 Exhibit Rosen law Firm bio# 5 ExhibitWandI firm bio)(Harris, Samuel) (Entered: 01/23/2006)

01/23/2006 15 RESPONSE to Order re 12 First MOTION to Appoint Counsel Lead Counsel byRussell Todd Huttenstine. (Harris, Samuel) (Entered: 01/23/2006)

01/23/2006 16 CERTIFICATE OF SERVICE by Russell Todd Huttenstine re 12 First MOTION toAppoint Counsel Lead Counsel, 13 Memorandum in Support, 14 Affidavit in Supportof Motion, (Harris, Samuel) (Entered: 01/23/2006)

01/23/2006 17 MOTION to Appoint Lead Plaintiffs, and for Approval of Lead Plaintiffs' Selection ofCounsel by Robert G. Cole, Thomas Fortanier, Ronald A. Schindeler, WilliamSchutter, Jamie Slaughterbeck. (Attachments: # 1 Text of Proposed Order)(DeputyClerk, SE) (Entered: 01/24/2006)

01/23/2006 18 Memorandum in Support re 17 MOTION to Appoint Lead Plaintiffs, and for byRobert G. Cole, Thomas Fortanier, Ronald A. Schindeler, William Schutter, JamieSlaughterbeck. (Deputy Clerk, SE) (Entered: 01/24/2006)

01/23/2006 19 Declaration of Laurence M. Rosen in support of Motion to Appoint Lead Plaintiffs andfor Approval of Lead Plaintiffs' Selection of Counsel (Motion at DE #17). (DeputyClerk, SE) (Entered: 01/24/2006)

01/23/2006 20 CERTIFICATE OF SERVICE by Robert G. Cole, Thomas Fortanier, Ronald A.Schindeler, William Schutter, Jamie Slaughterbeck re 17 MOTION to Appoint LeadPlaintiffs, and for (Deputy Clerk, SE) (Entered: 01/24/2006)

01/24/2006 NOTICE OF CORRECTION re: 19 Docket Annotation, 18 Memorandum in Support,17 Motion for Miscellaneous Relief,, 20 Certificate of Service; these documentsappear to be duplicates of what counsel e-filed at DE #12, 13, 14,15, 16.Unfortunately, counsel not only e-filed the documents but filed them in hard copy withthe Clerks Office in Raleigh, which then was scanned in and case manager docketedthe documents in. Counsel is reminded that if they are e-filing, a hard copy of thepleadings is not necessary unless instructed to do so. (Deputy Clerk, SE) (Entered:01/24/2006)

01/25/2006 21 CERTIFICATE OF SERVICE by Russell Todd Huttenstine re 12 First MOTION toAppoint Counsel Lead Counsel, 13 Memorandum in Support, 14 Affidavit in Supportof Motion,, 15 Response, 16 Certificate of Service Amended (Harris, Samuel)(Entered: 01/25/2006)

03/16/2006 22 Summons Reissued as to Dennis Mast. (Deputy Clerk, LC) (Entered: 03/16/2006)

03/16/2006 23 Summons Reissued as to George A. Moore. (Deputy Clerk, LC) (Entered: 03/16/2006)

03/16/2006 24 Summons Reissued as to Shane Traveler. (Deputy Clerk, LC) (Entered: 03/16/2006)

03/16/2006 25 Summons Reissued as to Ross W. Smith. (Deputy Clerk, LC) (Entered: 03/16/2006)

03/16/2006 26 Summons Reissued as to Hydroflo, Inc.. (Deputy Clerk, LC) (Entered: 03/16/2006)

03/27/2006 27 WAIVER OF SERVICE Returned Executed by Russell Todd Huttenstine. (Harris,Samuel) (Entered: 03/27/2006)

04/13/2006 28 AMENDED COMPLAINT against all defendants, filed by Russell ToddHuttenstine. (Harris, Samuel) (Entered: 04/13/2006)

05/01/2006 29 MOTION to Withdraw by Hydroflo, Inc.. (Attachments: # 1 Proposed Order)(DeputyClerk, BRB) (Entered: 05/01/2006)

05/01/2006 30 Memorandum in Support re 29 MOTION to Withdraw filed by Hydroflo, Inc..(Deputy Clerk, BRB) (Entered: 05/01/2006)

05/04/2006 MOTIONS 29 MOTION to Withdraw REFERRED to Judge USMJ William A. Webb.(Deputy Clerk, SE) (Entered: 05/04/2006)

05/12/2006 31 ANSWER to Amended Complaint by Metals and Arsenic Removal Technology, Inc.,Dennis Mast, George A. Moore, Ross W. Smith, Hydroflo, Inc..(O'Neal, Cynthia)(Entered: 05/12/2006)

05/31/2006 32 ORDER granting 29 Motion to Withdraw. Signed by Judge William A. Webb on05/31/06. (CHAM, BH) (Entered: 05/31/2006)

05/31/2006 Remark; the court order on this date at DE#32 has been served on counsel viaelectronic and U.S. mail. (Deputy Clerk, ST) (Entered: 05/31/2006)

06/29/2006 33 REQUEST FOR DISCOVERY PLAN sent to all parties; the proposed plans are bueby 8/12/2006. (Deputy Clerk, SE) (Entered: 06/29/2006)

07/25/2006 34 NOTICE TO COUNSEL OF FAILURE TO MAKE SERVICE WITHIN 120 DAYS,as to defendant Shane Traveler. (Deputy Clerk, SE) (Entered: 07/25/2006)

08/09/2006 35 REPORT of Rule 26(f) Planning Meeting by Metals and Arsenic Removal

Technology, Inc., Russell Todd Huttenstine, Robert G. Cole, Dennis Mast, ThomasFortanier, Ronald A. Schindeler, William Schutter, Jamie Slaughterbeck, George A.Moore, Ross W. Smith, Hydroflo, Inc..(O'Neal, Cynthia) (Entered: 08/09/2006)

08/10/2006 Remark; forwarded a copy of the parties discovery plan at DE #35 to USMJ Webb foran order on scheduling. (Deputy Clerk, SE) (Entered: 08/10/2006)

08/10/2006 36 SCHEDULING ORDER signed by Judge William A. Webb on 08/10/06. (CHAM,BH) (Entered: 08/10/2006)

08/14/2006 Remark; verified that the court's order at DE #36 was served via electronically tocounsel. (Deputy Clerk, SE) (Entered: 08/14/2006)

08/14/2006 37 NOTICE of Availability of a USMJ to Exercise Jurisdiction (consent to USMJ), sentto counsel on this date. (Deputy Clerk, SE) (Entered: 08/14/2006)

08/14/2006 Remark; sent copies of the court's scheduling order to S. Enyart, B. Bowen, S.Cannon. (Deputy Clerk, SE) (Entered: 08/14/2006)

08/25/2006 38 NOTICE of Appearance by Kevin B. Cartledge on behalf of Russell Todd Huttenstine,Robert G. Cole, Thomas Fortanier, Ronald A. Schindeler, William Schutter, JamieSlaughterbeck (Cartledge, Kevin) (Entered: 08/25/2006)

08/29/2006 39 MOTION for Extension of Time to File Answer re 28 Amended Complaint by ShaneTraveler. (Ellis, L.) (Entered: 08/29/2006)

08/30/2006 40 ORDER granting 39 Motion for Extension of Time to Answer Shane Traveler answerdue 9/18/2006. Signed by Susan Enyart, Deputy on 8/30/2006. CC:counsel. (DeputyClerk - SE, ) (Entered: 08/30/2006)

09/18/2006 41 MOTION to Dismiss by Shane Traveler. (Ellis, L.) (Entered: 09/18/2006)

09/18/2006 42 Memorandum in Support re 41 MOTION to Dismiss, 28 Amended Complaint filed byShane Traveler. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 1 1Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22Exhibit 22# 23 Exhibit 23# 24 Exhibit 24 part 1# 25 Exhibit 24 part 2# 26 Exhibit 25#27 Exhibit 26 part 1# 28 Exhibit 26 part 2# 29 Exhibit 27# 30 Exhibit 28 part 1# 31Exhibit 28 part 2# 32 Exhibit 29 part 1# 33 Exhibit 29 part 2)(Ellis, L.) (Entered:09/18/2006)

09/18/2006 43 MOTION to Stay Discovery by Shane Traveler. (Ellis, L.) (Entered: 09/18/2006)

09/18/2006 44 Memorandum in Support re 43 MOTION to Stay Discovery filed by Shane Traveler.(Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Ellis, L.) (Entered: 09/18/2006)

10/02/2006 45 First MOTION for Extension of Time to File Response/Reply as to 42 Memorandumin Support,,, 44 Memorandum in Support, 43 MOTION to Stay Discovery, 41MOTION to Dismiss by Russell Todd Huttenstine, Robert G. Cole, Thomas Fortanier,Ronald A. Schindeler, William Schutter, Jamie Slaughterbeck. (Cartledge, Kevin)(Entered: 10/02/2006)

10/03/2006 46 ORDER denying 12 Motion to Appoint Counsel, without prejudice, denying 17Motion to appoint lead plaintiff, without prejudice. Signed by Judge James C. Fox on

10/3/2006. CC:counsel. (Deputy Clerk - SE, ) (Entered: 10/03/2006)

10/03/2006 47 ORDER granting 43 Motion to Stay, granting 45 Motion for Extension of Time to FileResponse/Reply re 41 MOTION to Dismiss Responses due by 10/20/2006 Replies dueby 11/20/2006. Signed by Judge James C. Fox on 10/3/2006. CC:counsel. (DeputyClerk - SE, ) (Entered: 10/03/2006)

10/20/2006 48 RESPONSE in Opposition re 41 MOTION to Dismiss of Shane Traveller filed byRussell Todd Huttenstine, Robert G. Cole, Thomas Fortanier, Ronald A. Schindeler,William Schutter, Jamie Slaughterbeck. (Attachments: # 1 Appendix UnpublishedCases# 2 Exhibit Complaint# 3 Exhibit Consent Hydro# 4 Exhibit ConsentMast)(Cartledge, Kevin) (Entered: 10/20/2006)

10/27/2006 49 NOTICE of Appearance by Neil A. Riemann on behalf of Metals and ArsenicRemoval Technology, Inc., Dennis Mast, George A. Moore, Hydroflo, Inc. (Riemann,Neil) (Entered: 10/27/2006)

11/20/2006 50 RESPONSE in Support re 41 MOTION to Dismiss Reply Brief in Further Support ofMotion to Dismiss Plaintiffs' First Amended Complaint filed by Shane Traveler.(Attachments: # 1 Exhibit 30# 2 Exhibit 31)(Ellis, L.) (Entered: 11/20/2006)

11/21/2006 ***Motions Submitted to Senior Judge James C. Fox: 41 MOTION to Dismiss(Deputy Clerk - SE, ) (Entered: 11/21/2006)

12/21/2006 51 ORDER granting in part and denying in part 41 Motion to Dismiss. Furthermore, theSchindeler Group is DIRECTED to file renewed motions to appoint lead plaintiffs andcounsel, or file a notice indicating that the Group declines to renew such motions, onor before 118/20097. Signed by Judge James C. Fox on 12/20/2006. CC:counsel.(Deputy Clerk - SE, ) (Entered: 12/21/2006)

12/21/2006 Set Deadlines/Hearings: Response to Order at DE #51 is due by 1/18/2007 (DeputyClerk - SE, ) (Entered: 12/21/2006)

01/05/2007 52 ANSWER to Amended Complaint by Shane Traveler. (Ellis, L.) (Entered: 01/05/2007)

01/18/2007 53 MOTION to Appoint Counsel by Russell Todd Huttenstine, Robert G. Cole, ThomasFortanier, Ronald A. Schindeler, William Schutter, Jamie Slaughterbeck.(Attachments: # 1 Text of Proposed Order Proposed Order)(Cartledge, Kevin)(Entered: 01 / 18/2007)

01/18/2007 54 Memorandum in Support re 53 MOTION to Appoint Counsel filed by Russell ToddHuttenstine, Robert G. Cole, Thomas Fortanier, Ronald A. Schindeler, WilliamSchutter, Jamie Slaughterbeck. (Cartledge, Kevin) (Entered: 01/18/2007)

01/18/2007 55 Declaration re 54 Memorandum in Support, 53 MOTION to Appoint Counsel byRussell Todd Huttenstine, Robert G. Cole, Thomas Fortanier, Ronald A. Schindeler,William Schutter, Jamie Slaughterbeck. (Attachments: # 1 Exhibit Press Release# 2Exhibit Certifications# 3 Exhibit Loss Charts# 4 Exhibit RLF Bio# 5 Exhibit W&CBio)(Cartledge, Kevin) (Entered: 01/18/2007)

02/20/2007 56 Notice of Substitution of Counsel by Raymond A. Starling on behalf of ShaneTraveler substituting for Notice of Withdrawal (Starling, Raymond) (Entered:02/20/2007)

02/22/2007 57 MOTION for Protective Order by Metals and Arsenic Removal Technology, Inc.,Russell Todd Huttenstine, Robert G. Cole, Dennis Mast, Thomas Fortanier, Ronald A.Schindeler, William Schutter, Jamie Slaughterbeck, George A. Moore, Ross W. Smith,Hydroflo, Inc.. (Attachments: # 1 Text of Proposed Order)(Riemann, Neil) (Entered:02/22/2007)

02/23/2007 NOTICE OF DEFICIENCY re: 57 Motion for Protective Order - in future filings,please refer to "Eastern Division". Thank you! (Deputy Clerk - TC ) (Entered:02/23/2007)

02/23/2007 MOTIONS 57 MOTION for Protective Order REFERRED to Judge USMJ WilliamA. Webb. (Deputy Clerk - SE, ) (Entered: 02/23/2007)

02/28/2007 ***Motions Submitted to Senior Judge Fox: 53 MOTION to Appoint Counsel(Deputy Clerk - SE, ) (Entered: 02/28/2007)

03/14/2007 58 ORDER granting 57 Motion for Protective Order . Signed by Judge William A. Webbon 3/14/07. (CHAM, DW) (Entered: 03/14/2007)

05/01/2007 59 MOTION to Withdraw as Attorney by Taylor, Penry, Rash & Riemann, PLLC byMetals and Arsenic Removal Technology, Inc., Dennis Mast, George A. Moore, RossW. Smith, Hydroflo, Inc.. (Attachments: # 1 Text of Proposed Order ProposedOrder)(Riemann, Neil) (Entered: 05/01/2007)

05/01/2007 MOTIONS 59 MOTION to Withdraw as Attorney by Taylor, Penry, Rash & Riemann,PLLC REFERRED to Judge USMJ Webb. (Deputy Clerk - SE, ) (Entered:05/01/2007)

05/02/2007 60 ORDER granting 53 Motion to Appoint Counsel. Ronald A. Schindeler, Robert G.Cole, Jamie Slaughterbeck and William Schutter are appointed lead plaintiffs for theproposed class. The Rosen Law Firm is appointed as Lead Counsel and the law firm ofWilson & Coffey, LLP is appointed as Liason Counsel for the proposed class. Signedby Judge James C. Fox on 5/1/2007. CC:counsel. (Deputy Clerk - SE, ) (Entered:05/02/2007)

05/02/2007 Remark - forwarded a copy of the court's order at DE #60 to Laurence Rosen andPhillip Kim of The Rosen Law Firm, P.A. (out-of-state counsel), on this date. (DeputyClerk - SE, ) (Entered: 05/02/2007)

05/18/2007 61 NOTICE of Appearance by Donald J. Harris on behalf of Metals and Arsenic RemovalTechnology, Inc., Dennis Mast, George A. Moore, Ross W. Smith, Hydroflo, Inc.(Harris, Donald) (Entered: 05/18/2007)

05/24/2007 62 ORDER granting 59 Motion to Withdraw as Attorney. . Signed by Judge William A.Webb on 05/24/07. (CHAM, BH) (Entered: 05/24/2007)

05/25/2007 Remark - forwarded a copy of the court's order at DE #62 to Laurence Rosen andPhillip Kim of The Rosen Law Firm, P.A. (out-of-state counsel), on this date. (DeputyClerk - SE, ) (Entered: 05/25/2007)

07/16/2007 63 SCHEDULING ORDER: This action is calendared for trial before Judge James C. Foxat his Wilmington Division term beginning on or after February 19, 2007. Signed byJudge William A. Webb on 07/16/07. (CHAM, BH) (Entered: 07/16/2007)

07/16/2007 64 AMENDED SCHEDULING ORDER: This action is calendared for trial before JudgeJames C. Fox at his Wilmington Division term beginning on or after February 19,2008. Signed by Judge William A. Webb on 07/16/07. (CHAM, BH) (Entered:07/16/2007)

07/16/2007 65 AMENDED SCHEDULING ORDER: This action is calendared for trial before JudgeJames C. Fox at his Wilmington Division term beginning on or after January 22, 2008.Signed by Judge William A. Webb on 07/16/07. (CHAM, BH) (Entered: 07/16/2007)

07/19/2007 Reset Trial Management Order Deadlines:Jury Trial set for 1/22/2008 09:00 AM inWilmington - Courtroom 1 before Judge James C. Fox. (Deputy Clerk - SE, )(Entered: 07/19/2007)

11/27/2007 66 NOTICE of Settlement Stipulation and Agreement on Settlement by Russell ToddHuttenstine (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2# 4 AffidavitA-3# 5 Exhibit B) (Cartledge, Kevin) (Entered: 11/27/2007)

11/27/2007 67 MOTION for Settlement Approval of Class Action by Ronald A. Schindeler, RobertG. Cole, Jamie Slaughterbeck, William Schutter, Russell Todd Huttenstine, ThomasFortanier. (Cartledge, Kevin) (Entered: 11/27/2007)

11/27/2007 68 Declaration re 67 MOTION for Settlement Approval of Class Action of Phillip Kim byRonald A. Schindeler, Robert G. Cole, Jamie Slaughterbeck, William Schutter, RussellTodd Huttenstine, Thomas Fortanier. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Cartledge, Kevin) (Entered: 11/27/2007)

11/27/2007 69 Memorandum in Support of Motion for Preliminary Approval of Class ActionSettlement filed by Ronald A. Schindeler, Robert G. Cole, Jamie Slaughterbeck,William Schutter, Russell Todd Huttenstine, Thomas Fortanier. (Cartledge, Kevin)(Entered: 11/27/2007)

11/28/2007 Motions Submitted to Senior Judge Fox: 67 MOTION for Settlement Approval ofClass Action (Deputy Clerk - SE, ) (Entered: 11/28/2007)

12/03/2007 70 ORDER - Pretrial Conference Order. Signed by Judge USMJ William A. Webb on12/3/2007. CC:counsel. (Deputy Clerk - SE, ) (Entered: 12/03/2007)

12/04/2007 71 NOTICE of Hearing: Pretrial Conference set for 1/8/2008 09:00 AM in Raleigh - 6thFloor Courtroom before USMJ William A. Webb. Copies served. (Deputy Clerk - SE,) (Entered: 12/04/2007)

12/04/2007 72 NOTICE of Hearing: Jury Trial set for 1/22/2008 09:00 AM in Wilmington -Courtroom 1 before Judge James C. Fox. Copies served. (Deputy Clerk - SE, )(Entered: 12/04/2007)

12/04/2007 73 Copy of Judge Fox's standing order of 1/14/2003 in re:exhibits for trial, sent to theparties. (Deputy Clerk - SE, ) (Entered: 12/04/2007)

12/04/2007 74 ORDER Cancelling pretrial and trial Deadline until after the court fully considers theparties' Stipulated Motion for Approval of a Class Action Settlement. Signed by JudgeJudge James C. Fox on 12/4/2007. CC:counsel, S. Enyart, B. Bowen, S. Cannon, S.Foell, S. Schwinn and USMJ Webb. (Deputy Clerk - SE, ) (Entered: 12/04/2007)

01/14/2008 75 ORDER granting 67 Motion for Settlement; (see order for particulars); any class

members who have an objection must file their objection within 45 days from theentry of the order; attorney's for the lead plaintiffs must file their request for attorney'sfees 21 days prior to the hearing on final settlement which is scheduled for 4/10/2008.Signed by Judge James C. Fox on 1/14/2008. Copies served. (Deputy Clerk - SE, )(Entered: 01/14/2008)

01/14/2008 76 NOTICE of Hearing:Final Settlement Hearing set for 4/10/2008 10:30 AM inWilmington - Courtroom 1 before Judge James C. Fox. CC:Judge Fox, counsel, S.Foell, B. Bowen, Court Reporter, Courtroom Deputy, Southern Div. Office, USMSRaleigh, CSO, GSA. (Deputy Clerk - SE, ) (Entered: 01/14/2008)

02/13/2008 77 MOTION for Settlement to enforce class action settlement, MOTION for AttorneyFees and costs and, MOTION to Expedite briefing by Ronald A. Schindeler, RobertG. Cole, Jamie Slaughterbeck, William Schutter, Russell Todd Huttenstine, ThomasFortanier. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Cartledge, Kevin) (Entered: 02/13/2008)

02/13/2008 78 Memorandum in Support re 77 MOTION for Settlement to enforce class actionsettlement MOTION for Attorney Fees and costs and MOTION to Expedite briefingfiled by Ronald A. Schindeler, Robert G. Cole, Jamie Slaughterbeck, WilliamSchutter, Russell Todd Huttenstine, Thomas Fortanier. (Cartledge, Kevin) (Entered:02/13/2008)

02/13/2008 79 Declaration re 77 MOTION for Settlement to enforce class action settlementMOTION for Attorney Fees and costs and MOTION to Expedite briefing by RonaldA. Schindeler, Robert G. Cole, Jamie Slaughterbeck, William Schutter, Russell ToddHuttenstine, Thomas Fortanier. (Attachments: # 1 Exhibit 1-Transfer-Agent-Trail, # 2Exhibit 2-email, # 3 Exhibit 3-bank-email, # 4 Exhibit 4-emails) (Cartledge, Kevin)(Entered: 02/13/2008)

02/14/2008 Motions Submitted to Senior Judge Fox (for review and possible consideration): 77MOTION for Settlement to enforce class action settlement MOTION for AttorneyFees and costs and MOTION to Expedite briefing (Deputy Clerk - SE, ) (Entered:02/14/2008)

02/15/2008 80 ORDER granting 77 Motion to Expedite. The court agrees that an expedited briefingschedule is appropriate, and therefore to the extent that Plaintiffs' motion [DE-77]requests such an expedited briefing schedule, the motion [DE-77] is ALLOWED.Defendants' response to Plaintiffs' motion [DE-77] is due on or before February25,2008. Plaintiffs' reply is due three (3) days after Defendants file a response. Thecourt reserves ruling on all other requests in Plaintiffs' motion [DE-77] pending thisexpedited briefing by the parties.. Signed by Judge James C. Fox on 2/15/2008.(Deputy Clerk - SDF, ) (Entered: 02/15/2008)

02/25/2008 81 RESPONSE in Opposition re 77 MOTION for Settlement to enforce class actionsettlement MOTION for Attorney Fees and costs and MOTION to Expedite briefingfiled by Shane Traveler. (Attachments: # 1 Exhibit A) (Ellis, L.) (Entered: 02/25/2008)

02/25/2008 82 RESPONSE in Opposition re 77 MOTION for Settlement to enforce class actionsettlement MOTION for Attorney Fees and costs and MOTION to Expedite briefingResponse and Brief in Opposition filed by Metals and Arsenic Removal Technology,Inc., Dennis Mast, George A. Moore, Ross W. Smith, Hydroflo, Inc.. (Attachments: #1 Affidavit Affidavit of George A. Moore. III, # 2 Affidavit Affidavit of Donald J.

Harris, # 3 Exhibit Ehibit 1 to Harris Affidavit) (Harris, Donald) (Entered:02/25/2008)

02/28/2008 83 REPLY to Response to Motion re 77 MOTION for Settlement to enforce class actionsettlement MOTION for Attorney Fees and costs and MOTION to Expedite briefingfiled by Ronald A. Schindeler, Robert G. Cole, Jamie Slaughterbeck, WilliamSchutter, Russell Todd Huttenstine, Thomas Fortanier. (Cartledge, Kevin) (Entered:02/28/2008)

02/28/2008 84 Declaration Reply Declaration of Phillip Kim by Ronald A. Schindeler, Robert G.Cole, Jamie Slaughterbeck, William Schutter, Russell Todd Huttenstine, ThomasFortanier. (Cartledge, Kevin) (Entered: 02/28/2008)

02/28/2008 85 Declaration of Laurence M. Rosen by Ronald A. Schindeler, Robert G. Cole, JamieSlaughterbeck, William Schutter, Russell Todd Huttenstine, Thomas Fortanier.(Cartledge, Kevin) (Entered: 02/28/2008)

02/29/2008 86 Joint MOTION to Strike 83 Reply to Response to Motion, by Metals and ArsenicRemoval Technology, Inc., Dennis Mast, George A. Moore, Shane Traveler, Ross W.Smith, Hydroflo, Inc.. (Ellis, L.) (Entered: 02/29/2008)

02/29/2008 87 Memorandum in Support re 86 Joint MOTION to Strike 83 Reply to Response toMotion, filed by Metals and Arsenic Removal Technology, Inc., Dennis Mast, GeorgeA. Moore, Shane Traveler, Ross W. Smith, Hydroflo, Inc.. (Ellis, L.) (Entered:02/29/2008)

02/29/2008 88 MOTION for Leave to File Excess Pages by Ronald A. Schindeler, Robert G. Cole,Jamie Slaughterbeck, William Schutter, Russell Todd Huttenstine, Thomas Fortanier.(Attachments: # 1 Text of Proposed Order Proposed Order) (Cartledge, Kevin)(Entered: 02/29/2008)

03/03/2008 Motions Submitted to Senior Judge Fox: 86 Joint MOTION to Strike 83 Reply toResponse to Motion,, 88 MOTION for Leave to File Excess Pages (Deputy Clerk -SE, ) (Entered: 03/03/2008)

03/03/2008 89 Memorandum in Opposition to Defendants' Joint Motion to Strike Lead Plaintiffs'Reply Brief filed by Russell Todd Huttenstine. (Cartledge, Kevin) (Entered:03/03/2008)

03/04/2008 90 RESPONSE to Motion re 88 MOTION for Leave to File Excess Pages filed by Metalsand Arsenic Removal Technology, Inc., Dennis Mast, George A. Moore, ShaneTraveler, Ross W. Smith, Hydroflo, Inc.. (Ellis, L.) (Entered: 03/04/2008)

03/04/2008 Forwarded the responses to motions at DE #89 and #90 to Judge Fox's chambers onthis date. (Deputy Clerk - SE, ) (Entered: 03/04/2008)

03/17/2008 91 Consent MOTION for Extension of Time to File Papers in Support of Final Approvalof Class Action Settlement by Ronald A. Schindeler, Robert G. Cole, JamieSlaughterbeck, William Schutter, Russell Todd Huttenstine, Thomas Fortanier.(Attachments: # 1 Text of Proposed Order) (Cartledge, Kevin) (Entered: 03/17/2008)

03/18/2008 Motions Submitted to Senior Judge Fox: 91 Consent MOTION for Extension of Timeto File Papers in Support of Final Approval of Class Action Settlement (Deputy Clerk- SE, ) (Entered: 03/18/2008)

03/20/2008 92 ORDER granting 77 Motion for Settlement; granting 77 Motion for Attorney Fees, thedefendants hereby are ORDERED to pay the settlement amount of $425,000.00 incash within 10 business days from the filing date of this order; denying 86 Motion toStrike ; granting 88 Motion for Leave to File Excess Pages; granting 91 Motion forExtension of Time to File PLEASE SEE ORDER FOR PARTICULARS. Signed byJudge James C. Fox on 3/19/2008. Copies served. (Deputy Clerk - SE, ) (Entered:03/20/2008)

04/07/2008 93 ORDER re 92 Order on Motion for Settlement; Order on Motion for Attorney Fees;Order on Motion to Strike; Order on Motion for Leave to File Excess Pages; Order onMotion for Extension of Time to File. Lead pltfs are DIRECTED to comply with thiscourt's 3/20/08 order at DE #92 and to file either a Notice of Defts' payment of thesettlement amount or a proposed judgment. The hearing that was scheduled beforeJudge Fox on 4/10/08 is necessarily CONTINUED to a date to be set after the leadpltfs file a notice or proposed judgment. Signed by Judge James C. Fox on 4/7/2008.CC:counsel, S. Foell, S. Enyart, B. Bowen, S. Schwinn. (Deputy Clerk - SE, )(Entered: 04/07/2008)

04/07/2008 94 Proposed Order re 93 Order,, and Judgment filed by Ronald A. Schindeler, Robert G.Cole, Jamie Slaughterbeck, William Schutter, Russell Todd Huttenstine, ThomasFortanier. (Cartledge, Kevin) (Entered: 04/07/2008)

04/08/2008 Forwarded the proposed order and judgment at 94 to Senior Judge Fox on this date forhis review and consideration. (Deputy Clerk - SE, ) (Entered: 04/08/2008)

04/09/2008 95 ORDER AND JUDGMENT; Lead plaintiffs shall recover from defendants DennisMast, George Moore, Shane Traveller Ross Smith, HydroFlo, and Metals & ArsenicRemoval Technology, Inc., jointly and severally, the principal sum of $425,000.00plus prejudgment interest of $6,613.70 which represents legal rate of 8% per annumfrom 1/28/08 through 4/7/2008; postjudgment interest is payable on all amounts at thelegal rate from the date of this judgment; there is no just reason for delay in the entryof this Order and Judgment and immediate entry by the Clerk of the Court is expresslydirected pursuant to Rule 54(b) of the Fed.R.Civ.P. Copies served.. Signed by JudgeJames C. Fox on 4/9/2008. (Deputy Clerk - SE, ) (Entered: 04/09/2008)

04/25/2008 96 NOTICE OF APPEAL as to 95 Judgment,, by Metals and Arsenic RemovalTechnology, Inc., Dennis Mast, George A. Moore, Shane Traveler, Ross W. Smith,Hydroflo, Inc.. Filing fee $ 455, receipt number 04170000000000577708. (Harris,Donald) (Entered: 04/25/2008)

04/30/2008 97 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 96Notice of Appeal (Deputy Clerk - SE, ) (Entered: 04/30/2008)

05/08/2008 98 MOTION to Substitute Attorney by Ronald A. Schindeler, Robert G. Cole, JamieSlaughterbeck, William Schutter, Russell Todd Huttenstine, Thomas Fortanier.(Attachments: # 1 Text of Proposed Order Order Granting Substition of Counsel)(Cartledge, Kevin) (Entered: 05/08/2008)

05/08/2008 99 MOTIONS REFERRED: 98 MOTION to Substitute Attorney Motions referred toUSMJ William A. Webb. (Deputy Clerk - SE, ) (Entered: 05/08/2008)

05/09/2008 100 ORDER granting 98 Motion to Substitute Attorney. Added attorney Kevin B.Cartledge for Ronald A. Schindeler, Robert G. Cole, Jamie Slaughterbeck, William

Schutter and Russell Todd Huttenstine. Attorney Samuel Ranchor Harris, IIIterminated. Signed by USMJ William A. Webb on 5/9/2008. Copies served. (DeputyClerk - SE, ) (Entered: 05/09/2008)

05/13/2008 USCA Case Number 08-1488 for 96 Notice of Appeal filed by Shane Traveler,George A. Moore, Ross W. Smith, Dennis Mast, Hydroflo, Inc., Metals and ArsenicRemoval Technology, Inc. Case Manager is T. Akseraylian. (Deputy Clerk - SE, )(Entered: 05/13/2008)

06/22/2009 101 Unpublished Opinion from Fourth Circuit Court of Appeals - No. 08-1488.AFFIRMED. CC:Judge Fox. (Edwards, S.) (Entered: 06/23/2009)

06/22/2009 102 USCA JUDGMENT No. 08-1488, as to 96 Notice of Appeal filed by Shane Traveler,George A. Moore, Ross W. Smith, Dennis Mast, Hydroflo, Inc., Metals and ArsenicRemoval Technology, Inc. AFFIRMED. CC:Judge Fox (Edwards, S.) (Entered:06/23/2009)

07/14/2009 103 MANDATE of USCA (No. 08-1488) as to 96 Notice of Appeal filed by ShaneTraveler, George A. Moore, Ross W. Smith, Dennis Mast, Hydroflo, Inc., Metals andArsenic Removal Technology, Inc. CC: Senior Judge Fox. (Edwards, S.) (Entered:07/15/2009)

07/15/2009 104 MOTION to Withdraw as Attorney by Hunton & Williams. (Knight, Stacie) (Entered:07/15/2009)

07/15/2009 105 Memorandum in Support re 104 MOTION to Withdraw as Attorney filed by Hunton& Williams. (Knight, Stacie) (Entered: 07/15/2009)

07/16/2009 106 Memorandum in Support re 104 MOTION to Withdraw as Attorney CorrectedMemorandum filed by Hunton & Williams. (Knight, Stacie) (Entered: 07/16/2009)

07/17/2009 107 CERTIFICATION of Judgment - Per request, Deputy provided four completedAO451 forms to plaintiff's attorney, Phillip Kim. (Grady, B.) (Entered: 07/20/2009)

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