U.S. District Court Southern District of Florida (West...

US District Court Civil Docket as of February 07, 2014 Retrieved from the court on February 11, 2014

U.S. District Court Southern District of Florida (West Palm Beach)

CIVIL DOCKET FOR CASE #: 9:11-cv-81270-DMM

Greenfield Childrens Partnership v. FriendFinder Networks, Inc. Date Filed: 11/14/2011 et al Date Terminated: 02/05/2014 Assigned to: Judge Donald M. Middlebrooks Referred to: Magistrate Judge Ann E. Vitunac Cause: 15:0077 Securities Fraud

Plaintiff

Greenfield Childrens Partnership Individually an on Behalf of All Others Similarly Situated

Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Jason M. Leviton Block & Leviton, LLP 155 Federal Street Suite 1303 Boston, MA 02110 617-398-5600 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jeffrey C. Block Block Y Leviton, LLP 155 Federal Street Suite 1303 Boston, MA 02110 617-398-5600 Fax: 542-1194 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Scott L. Adkins Menzer & Hill, P.A. 2200 NW Corporate Blvd. Suite 406 Boca Raton, FL 33431 561-327-7200 Fax: 954-763-1866 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Scott A. Mays Block & Leviton, LLP 155 Federal Street Suite 1303 Boston, MA 02110 617-398-5600 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Whitney E. Street Block & Leviton, LLP 155 Federal Street Suite 1303 Boston, MA 02110 617-398-5600 Fax: 617-507-6020 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Gary Steven Menzer Menzer & Hill, P.A. 2200 NW Corporate Blvd Ste 406 Boca Raton, FL 33431 561-327-7207 Fax: 561-431-4611 Email: [email protected] ATTORNEY TO BE NOTICED

Rachelle Renee Bocksch Rachelle Bocksch, P.A. 33 NE 2nd Street Suite 101 Fort Lauderdale, FL 33301 954-321-8810 Fax: 954-321-8995 Email: [email protected] ATTORNEY TO BE NOTICED

represented by Gary Steven Menzer (See above for address) ATTORNEY TO BE NOTICED

represented by Gary Steven Menzer (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Greenfield Investment Services, LLC

Plaintiff

David Schwartz

V.

Defendant

FriendFinder Networks, Inc. represented by Allison Beth Kernisky Holland & Knight LLP 701 Brickell Avenue Suite 3300 Miami, FL 33131 (305) 374-8500 Email: [email protected] (Inactive) ATTORNEY TO BE NOTICED

Stephen Patrick Warren Holland & Knight 701 Brickell Avenue Suite 3300 Miami, FL 33131 305-374-8500 Fax: 305-789-7799 Email: [email protected] ATTORNEY TO BE NOTICED

Tracy Ann Nichols Holland & Knight 701 Brickell Avenue Suite 3300 Miami, FL 33131 305-374-8500X7717 Fax: 789-7799 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Ladenburg Thalman & Co., Inc. represented by Cristina Boullon Rodriguez Squire Sanders (US) LLP Southeast Financial Center 200 S Biscayne Boulevard suite 4100 Miami, FL 33131-2398 305-577-7045 Fax: 305-577-7001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Franklin Murphy Squire Sanders (US) LLP

Southeast Financial Center 200 S Biscayne Boulevard Suite 4100 Miami, FL 33131-2398 305-577-2957 Fax: 305-577-7001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Imperial Capital, LLC represented by Cristina Boullon Rodriguez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lewis Franklin Murphy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Marc H. Bell represented by Allison Beth Kernisky (See above for address) ATTORNEY TO BE NOTICED

Stephen Patrick Warren (See above for address) ATTORNEY TO BE NOTICED

Tracy Ann Nichols (See above for address) ATTORNEY TO BE NOTICED

Defendant

Robert Brackett represented by Allison Beth Kernisky TERMINATED: 07/26/2012

(See above for address) ATTORNEY TO BE NOTICED


Defendant

Daniel C. Staton represented by Allison Beth Kernisky (See above for address) ATTORNEY TO BE NOTICED

Stephen Patrick Warren (See above for address)

ATTORNEY TO BE NOTICED


Defendant

Ezra Shashoua represented by Allison Beth Kernisky (See above for address) ATTORNEY TO BE NOTICED



Defendant

Anthony Previte represented by Allison Beth Kernisky TERMINATED: 07/26/2012

(See above for address) ATTORNEY TO BE NOTICED


Defendant

Robert B. Bell represented by Allison Beth Kernisky (See above for address) ATTORNEY TO BE NOTICED



Defendant

Barry W. Florescue represented by Allison Beth Kernisky (See above for address) ATTORNEY TO BE NOTICED



represented by Allison Beth Kernisky (See above for address) ATTORNEY TO BE NOTICED


Tracy Ann Nichols (See above for address)


Defendant

James LaChance

Defendant

Toby E. Lazarus



Defendant

Jason Smith




Date Filed # Docket Text

11/14/2011 1 COMPLAINT Under Securities Act of 1933 against All Defendants. Filing fee $ 350.00 receipt number 113C-4230931, filed by Greenfield Childrens Partnership. (Attachments: # 1 Exhibit Exhibit A -- Lead Plaintiff Certificate, # 2 Civil Cover Sheet, # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Summon(s), # 8 Summon(s), # 9 Summon(s), # 10 Summon(s), # 11 Summon(s), # 12 Summon(s), # 13

Summon(s), # 14 Summon(s), # 15 Summon(s))(Bocksch, Rachelle) (Entered: 11/14/2011)

11/14/2011 2 Judge Assignment to Judge Donald M. Middlebrooks (abe) (Entered: 11/15/2011)

11/14/2011 3 Summons Issued as to All Defendants. (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Summon(s), # 8 Summon(s), # 9 Summon(s), # 10 Summon(s), # 11 Summon(s), # 12 Summon(s))(abe) (Entered: 11/15/2011)

12/02/2011 4 MOTION for Pro Hac Vice Admisson of Scott L. Adkins, Esq. Filing Fee $ 75.00. Receipt # 91242. (ksa) (Entered: 12/02/2011)

12/05/2011 5 ORDER granting 4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald M. Middlebrooks on 12/5/2011. (yha) (Entered: 12/05/2011)

12/14/2011 6 ORDER REFERRING CASE to Magistrate Judge Linnea R. Johnson for Pretrial Proceedings, and SCHEDULING Trial Date: ( Status Conference set for 7/11/2012 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 7/16/2012 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/11/2012 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 12/14/2011. (yha) (Entered: 12/15/2011)

12/19/2011 7 Joint MOTION to Excuse Responses to Initial Complaint and to Establish Briefing Schedule for Amended Complaint re 1 Complaint,, by FriendFinder Networks, Inc., Greenfield Childrens Partnership, Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. (Attachments: # 1 Text of Proposed Order)(Warren, Stephen) (Entered: 12/19/2011)

12/20/2011 8 ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE, ( Telephone Conference set for 12/30/2011 at 12:00 PM in West Palm Beach Division before Magistrate Judge Linnea R. Johnson.) Signed by Magistrate Judge Linnea R. Johnson on 12/20/2011. (sa) (Entered: 12/20/2011)

12/21/2011 9 NOTICE of Attorney Appearance by Tracy Ann Nichols on behalf of FriendFinder Networks, Inc. (Nichols, Tracy) (Entered: 12/21/2011)

12/22/2011 10 NOTICE of Attorney Appearance by Lewis Franklin Murphy on behalf of Imperial Capital, LLC, Ladenburg Thalman & Co., Inc. (Murphy, Lewis) (Entered: 12/22/2011)

12/22/2011 11 ORDER on Joint Motion to Excuse Responses to Initial Complaint and to Establish Briefing Schedule for Amended Complaint; denying 7 Motion. Signed by Judge Donald M. Middlebrooks on 12/22/2011. (asl) (Entered: 12/22/2011)

12/24/2011 12 UnopposedMOTION To for Leave to File Investor Notice Published Pursuant to the Private Securities Litigation Reform Act by Greenfield Childrens Partnership. (Attachments: # 1 Exhibit Declaration of Scott L. Adkins, Esq., In Support of Motion To Supplement The Record)(Bocksch, Rachelle) Modified text& relief on 12/27/2011 (tp). (Entered: 12/24/2011)

12/24/2011 13 MOTION Brief In Support Of Plaintiff's Motion To Supplement The Record re 12 Plaintiff's MOTION To Supplement The Record by Greenfield Childrens Partnership. (Bocksch, Rachelle) (Entered: 12/24/2011)

12/24/2011 15 BRIEF in Support re 12 Unopposed Motion for Leave to File Investor Notice Published Pursuant to the Private Securities Litiation Reform Act by Greenfield Childrens Partnership. See DE 13 for image (tp) (Entered: 12/27/2011)

12/27/2011 14 Clerks Notice to Filer re 12 Unopposed Motion for Leave to File Investor Notice Published Pursuant to the Private Securities Litiation Reform Act. Filer Selected the Wrong Motion Relief(s) ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (tp) (Entered: 12/27/2011)

12/27/2011 16 Unopposed MOTION for Extension of Time to Respond to Complaint re 1 Complaint, by FriendFinder Networks, Inc., Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. Responses due by 1/13/2012 (Attachments: # 1 Text of Proposed Order)(Warren, Stephen) Modified relief on 12/28/2011 (tp). (Entered: 12/27/2011)

12/30/2011 17 Minute Entry for proceedings held before Magistrate Judge Linnea R. Johnson: Telephonic Scheduling Conference held on 12/30/2011. (sa) (Entered: 12/30/2011)

01/03/2012 18 ORDER on Unopposed Motion for Extension of Time to Respond to Complaint; granting 16 Motion for Extension of Time to Answer RE: Complaints FriendFinder Networks, Inc. answer due 1/26/2012; Imperial Capital, LLC answer due 1/26/2012; Ladenburg Thalman & Co., Inc. answer due 1/26/2012. Signed by Judge Donald M. Middlebrooks on 1/3/2012. (asl) (Entered: 01/04/2012)

01/03/2012 19 ORDER on Plaintiff's Unopposed Motion for Leave to File Investor Notice Published Pursuant to the Private Securities Litigation Reform Act; granting 12 Motion for Leave to File.. Signed by Judge Donald M. Middlebrooks on 1/3/2012. (asl) (Entered: 01/04/2012)

01/04/2012 20 NOTICE of Compliance With Court's Order Granting Leave To File Investor Notice Published Pursuant to PSLRA by Greenfield Childrens Partnership re 19 Order on Motion for Leave to File (Attachments: # 1 Exhibit True and Correct Copy of First PSLRA Notice Published, # 2 Exhibit True and Correct Copy of Second PSLRA Notice Published)(Bocksch, Rachelle) (Entered: 01/04/2012)

01/09/2012 21 *Endorsed Order rescheduling trial and status conference ( Calendar Call re-set for 11/14/2012 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks, Jury Trial re-set for 11/19/2012 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks). Judge Johnson's scheduling order to follow. Approved by Judge Donald M. Middlebrooks on 1/9/2012. (ar) (Entered: 01/09/2012)

01/09/2012 22 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 6/4/2012. Discovery due by 8/27/2012. Joinder of Parties due by 6/4/2012. Motions due by 9/10/2012. Pretrial Stipulation due by 10/22/2012. Signed by Magistrate Judge Linnea R. Johnson on 1/6/2012. (sa) (Entered: 01/09/2012)

01/11/2012 23 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2011-112 to Magistrate Judge Ann E. Vitunac. Magistrate Judge Linnea R. Johnson no longer assigned to case. (dby) (Entered: 01/11/2012)

01/17/2012 24

MOTION to Appoint Lead Plaintiff Greenfield and Schwartz As Lead Plaintiff and To Approve Their Selected Counsel as Lead Counsel by Greenfield Childrens Partnership. Responses due by 2/3/2012 (Attachments: # 1 Memorandum In Support of Lead Plaintiff Motion, # 2 Affidavit Declaration of Gary Menzer, Esq., In Support of Lead Plaintiff Motion)(Bocksch, Rachelle) (Entered: 01/17/2012)

01/19/2012 25 Unopposed MOTION for Reconsideration re 11 Order on Motion for Miscellaneous Relief of the Court's Dec. 22, 2011 Order Due to Changed Circumstances by Marc H. Bell, Robert B. Bell, Robert Brackett, Barry W. Florescue, FriendFinder Networks, Inc., Imperial Capital, LLC, James LaChance, Ladenburg Thalman & Co., Inc., Toby E. Lazarus, Anthony Previte, Ezra Shashoua, Jason Smith, Daniel C. Staton. (Attachments: # 1 Text of Proposed Order)(Warren, Stephen) (Entered: 01/19/2012)

01/19/2012 26 MOTION for Pro Hac Vice Admission of Whitney E. Street, Esq. Filing Fee $ 75.00. Receipt # 91335. (ksa) (Entered: 01/19/2012)

01/19/2012 27 MOTION for Pro Hac Vice Admission of Jason M. Leviton, Esq. Filing Fee $ 75.00. Receipt # 91336. (ksa) (Entered: 01/19/2012)

01/23/2012 28 ORDER granting 26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald M. Middlebrooks on 1/23/2012. (yha) (Entered: 01/24/2012)

01/23/2012 29 ORDER granting in part 25 Motion for Reconsideration. Signed by Judge Donald M. Middlebrooks on 1/23/2012. (yha) (Entered: 01/24/2012)

01/24/2012 30 NOTICE by Greenfield Childrens Partnership NOTICE OF SELECTION OF MEDIATOR (Bocksch, Rachelle) (Entered: 01/24/2012)

01/25/2012 31 NOTICE of Mediator Selection: Howard Tescher selected. See DE 30 for image(tp) (Entered: 01/25/2012)

01/25/2012 32 Clerks Notice to Filer re 30 Notice (Other). Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#31]. It is not necessary to refile this document. (tp) (Entered: 01/25/2012)

02/17/2012 33 ORDER granting 24 MOTION to Appoint Lead Plaintiff Groenfield lnvestment Services LLC, Greenfield Children's Partnership, and David Schwartz. Signed by Judge Donald M. Middlebrooks on 2/17/2012. (yha) (Entered: 02/17/2012)

02/28/2012 34 MOTION for Pro Hac Vice Admission of Jeffrey C. Block, Esq. Filing Fee $ 75.00. Receipt # 91445. (ksa) (Entered: 03/05/2012)

02/28/2012 35 MOTION for Pro Hac Vice Admission of Scott A. Mays, Esq. Filing Fee $ 75.00. Receipt # 91446. (ksa) (Entered: 03/05/2012)

03/07/2012 36 ORDER Granting 34 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Donald M. Middlebrooks on 3/7/2012. (ar2) (Entered: 03/08/2012)

03/07/2012 37 ORDER Granting 35 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge

Donald M. Middlebrooks on 3/7/2012. (ar2) (Entered: 03/08/2012)

03/20/2012 38 First AMENDED COMPLAINT against All Defendants, filed by Greenfield Childrens Partnership.(Menzer, Gary) (Entered: 03/20/2012)

03/21/2012 39 Clerks Notice to Filer re 38 Amended Complaint. Parties Not Added ; ERROR - The Filer failed to add all parties indicated on [de#]. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. (tp) (Entered: 03/21/2012)

03/27/2012 40 Notice of Entry of Parties Listed on 38 Amended Complaint, 39 Clerks Notice of Docket Correction and Instruction to Filer - Attorney into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Greenfiled Investment Services, LLC and David Schwartz, Greenfiled Investment Services, LLC and David Schwartz. (Menzer, Gary) (Entered: 03/27/2012)

04/06/2012 41 Defendant's MOTION to Dismiss 38 Amended Complaint and Incorporated Memorandum of Law by Marc H. Bell, Robert B. Bell, Robert Brackett, Barry W. Florescue, FriendFinder Networks, Inc., James LaChance, Toby E. Lazarus, Anthony Previte, Ezra Shashoua, Jason Smith, Daniel C. Staton. Responses due by 4/23/2012 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Kernisky, Allison) (Entered: 04/06/2012)

04/06/2012 42 MOTION to Dismiss 38 Amended Complaint by Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. Responses due by 4/23/2012 (Rodriguez, Cristina) (Entered: 04/06/2012)

04/20/2012 43 RESPONSE in Opposition re 42 MOTION to Dismiss 38 Amended Complaint , 41 Defendant's MOTION to Dismiss 38 Amended Complaint and Incorporated Memorandum of Law filed by Greenfield Childrens Partnership. (Attachments: # 1 Exhibit Gary Menzer, Esq. Declaration In Support of Motion To Dismiss)(Menzer, Gary) (Entered: 04/20/2012)

04/30/2012 44 Unopposed MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss by Marc H. Bell, Robert B. Bell, Robert Brackett, Barry W. Florescue, FriendFinder Networks, Inc., James LaChance, Toby E. Lazarus, Anthony Previte, Ezra Shashoua, Jason Smith, Daniel C. Staton. (Attachments: # 1 Text of Proposed Order)(Warren, Stephen) (Entered: 04/30/2012)

04/30/2012 45 RESPONSE/REPLY to 41 Defendant's MOTION to Dismiss 38 Amended Complaint and Incorporated Memorandum of Law in Support of Defendants' Motion to Dismiss by Marc H. Bell, Robert B. Bell, Robert Brackett, Barry W. Florescue, FriendFinder Networks, Inc., James LaChance, Toby E. Lazarus, Anthony Previte, Ezra Shashoua, Jason Smith, Daniel C. Staton. (Attachments: # 1 Exhibit 1)(Warren, Stephen) (Entered: 04/30/2012)

04/30/2012 46 REPLY to Response to Motion re 42 MOTION to Dismiss 38 Amended Complaint filed by Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. (Langer-Osuna, Rafael) (Entered: 04/30/2012)

05/01/2012 47 NOTICE OF UNAVAILABILITY by Imperial Capital, LLC, Ladenburg Thalman & Co., Inc. for dates of May 11, 2012-June 4, 2012 (Murphy, Lewis) (Entered: 05/01/2012)

05/01/2012 48 REPLY to Response to Motion re 42 MOTION to Dismiss 38 Amended Complaint

"Corrected" filed by Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. (Langer-Osuna, Rafael) (Entered: 05/01/2012)

05/11/2012 49 ORDER granting 44 Unopposed Motion for Leave to Exceed the Page Limit Set forth in the Local Rules. Defendants may file a thirteen-page Reply brief. Signed by Judge Donald M. Middlebrooks on 5/11/2012. (ar2) (Entered: 05/11/2012)

06/25/2012 50 NOTICE of Voluntary Dismissal Without Prejudice by Greenfield Childrens Partnership, Greenfiled Investment Services, LLC, David Schwartz (Menzer, Gary) (Entered: 06/25/2012)

06/26/2012 51 Joint MOTION for Extension of Time that the Court adjourn the deadlines noted in the January 9, 2012 Order pending the resolution of Defendants Motions to Dismiss : JOINT MOTION TO ADJOURN CERTAIN DEADLINES PENDING THE COURTS ORDER ON DEFENDANTS MOTIONS TO DISMISS by Marc H. Bell, Robert B. Bell, Robert Brackett, Barry W. Florescue, FriendFinder Networks, Inc., Greenfield Childrens Partnership, Greenfiled Investment Services, LLC, Imperial Capital, LLC, James LaChance, Ladenburg Thalman & Co., Inc., Toby E. Lazarus, Anthony Previte, David Schwartz, Ezra Shashoua, Jason Smith, Daniel C. Staton. Responses due by 7/13/2012 (Menzer, Gary) (Entered: 06/26/2012)

07/02/2012 52 ORDER on the Parties' Joint 51 Motion to Adjourn Certain Deadlines Pending the Court's Order on Defendants' Motions to Dismiss; granting 51 Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 7/2/2012. (ral) (Entered: 07/02/2012)

07/26/2012 53 ORDER Accepting 50 Notice of Voluntary Dismissal. Robert Brackett and Anthony Previte terminated. Signed by Judge Donald M. Middlebrooks on 7/25/2012. (ar2) (Entered: 07/26/2012)

08/09/2012 54 Notice of Supplemental Authority re 43 Response in Opposition to Motion, by Greenfield Childrens Partnership, Greenfiled Investment Services, LLC, David Schwartz (Attachments: # 1 Certificate of Service)(Menzer, Gary) (Entered: 08/09/2012)

11/16/2012 55 ORDER granting 41 Motion to Dismiss; granting 42 Motion to Dismiss. Counts I, II, and III of the Amended Complaint are dismissed without prejudice Signed by Judge Donald M. Middlebrooks on 11/15/12. (tp) (Entered: 11/16/2012)

11/30/2012 56 MOTION for Reconsideration re 55 Order on Motion to Dismiss, NOVEMBER 15, 2012 ORDER AND/OR FOR LEAVE TO FILE AN AMENDED COMPLAINT and Exhibits A and B by Greenfield Childrens Partnership, Greenfiled Investment Services, LLC, David Schwartz. (Attachments: # 1 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION FOR RECONSIDERATION, # 2 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION TO AMEND)(Menzer, Gary) Modified on 12/3/2012 (tp). Added MOTION for Leave to File on 12/3/2012 (tp). (Entered: 11/30/2012)

12/03/2012 57 Clerks Notice to Filer re 56 MOTION for Reconsideration re 55 Order on Motion to Dismiss, LEAD PLAINTIFFS MOTION AND INCORPORATED MEMORANDUM OF LAW FOR RECONSIDERATION OF THE COURT'S NOVEMBER 15, 2012 ORDER AND/OR FOR LEAVE TO FILE AN AMENDED COMPLAINT and Exhibits MOTION for Leave to File. Motion with Multiple Reliefs Filed as One Relief ; ERROR - The

Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp) (Entered: 12/03/2012)

12/17/2012 58 RESPONSE in Opposition re 56 MOTION for Reconsideration re 55 Order on Motion to Dismiss, LEAD PLAINTIFFS MOTION AND INCORPORATED MEMORANDUM OF LAW FOR RECONSIDERATION OF THE COURT'S NOVEMBER 15, 2012 ORDER AND/OR FOR LEAVE TO FILE AN AMENDED COMPLAINT and Exhibits MOTION for Leave to File an Amended Complaint filed by Marc H. Bell, Robert B. Bell, Barry W. Florescue, FriendFinder Networks, Inc., James LaChance, Toby E. Lazarus, Ezra Shashoua, Jason Smith, Daniel C. Staton. (Attachments: # 1 Exhibit A)(Warren, Stephen) (Entered: 12/17/2012)

12/17/2012 59 RESPONSE in Opposition re 56 MOTION for Reconsideration re 55 Order on Motion to Dismiss, LEAD PLAINTIFFS MOTION AND INCORPORATED MEMORANDUM OF LAW FOR RECONSIDERATION OF THE COURT'S NOVEMBER 15, 2012 ORDER AND/OR FOR LEAVE TO FILE AN AMENDED COMPLAINT and Exhibits MOTION for Leave to File filed by Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. (Rodriguez, Cristina) (Entered: 12/17/2012)

12/26/2012 60 Assented-to MOTION for Additional Time to File Reply Brief In Support of 56 Lead Plaintiffs' Motion for Reconsideration by Greenfield Childrens Partnership, Greenfiled Investment Services, LLC, David Schwartz. Responses due by 1/14/2013 (Menzer, Gary) Modified relief and link on 12/27/2012 (tp). (Entered: 12/26/2012)

12/27/2012 61 Clerks Notice to Filer re 60 Assented-to Motion for Additional Time to File Reply Brief in Further Support of Their Motion for Reconsideration. Wrong Motion Relief(s) Selected ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. Document Not Linked ; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 12/27/2012)

12/27/2012 62 REPLY MEMORANDUM OF LAW re 56 MOTION for Reconsideration re 55 Order on Motion to Dismiss, filed by Greenfield Childrens Partnership. (Menzer, Gary) Modified TEXT on 12/28/2012 (tp). (Entered: 12/27/2012)

12/28/2012 63 ORDER granting 60 Motion for Extension of Time to File Response/Reply re 56 MOTION for Reconsideration re 55 Order on Motion to Dismiss, LEAD PLAINTIFFS MOTION AND INCORPORATED MEMORANDUM OF LAW FOR RECONSIDERATION OF THE COURT'S NOVEMBER 15, 2012 ORDER AND/OR FOR LEAVE TO FILE AN AMENDED COMPLAINT and Exhibits MOTION for Leave to File Replies due by 1/4/2013. Signed by Judge Donald M. Middlebrooks on 12/27/12. (tp) (Entered: 12/28/2012)

06/13/2013 64 ORDER granting in part and denying in part 56 Motion for Reconsideration of Order and/or for Leave to File an Amended Complaint. Lead Plaintiffs shall file a Second Amended Complaint within seven (7) days of this Order. Signed by Judge Donald M. Middlebrooks on 6/13/2013. (ar2) (Entered: 06/13/2013)

06/20/2013 65 SECOND AMENDED CLASS ACTION COMPLAINT for Violations of the Federal

Securities Laws against All Defendants filed in response to Order Granting Motion for Leave, filed by Greenfield Children's Partnership, Greenfield Investment Services, LLC, David Schwartz. (Menzer, Gary) Modified text on 6/21/2013 (ar2). (Entered: 06/20/2013)

06/27/2013 66 JOINT MOTION for Briefing Schedule on Motions to Dismiss 65 Second Amended Complaint by Marc H. Bell, Robert B. Bell, Barry W. Florescue, FriendFinder Networks, Inc., Imperial Capital, LLC, James LaChance, Ladenburg Thalman & Co., Inc., Toby E. Lazarus, Ezra Shashoua, Jason Smith, Daniel C. Staton. Responses due by 7/15/2013 (Attachments: # 1 Text of Proposed Order)(Warren, Stephen) Modified text on 6/28/2013 (ar2). (Entered: 06/27/2013)

06/28/2013 67 ORDER granting 66 Motion for Extension of Time Motions due by 7/26/2013. Signed by Judge Donald M. Middlebrooks on 6/28/2013. (sw) (Entered: 06/28/2013)

07/26/2013 68 MOTION to Dismiss 65 Amended Complaint, by Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. Responses due by 8/12/2013 (Rodriguez, Cristina) (Entered: 07/26/2013)

07/26/2013 69 MOTION to Dismiss 65 Amended Complaint, by Marc H. Bell, Robert B. Bell, Barry W. Florescue, FriendFinder Networks, Inc., James LaChance, Toby E. Lazarus, Ezra Shashoua, Jason Smith, Daniel C. Staton. Responses due by 8/12/2013 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Warren, Stephen) (Entered: 07/26/2013)

08/21/2013 70 Unopposed MOTION for Leave to File Excess Pages PLAINTIFFS ASSENTED TO MOTION ALLOWING THEM TO FILE A 30-PAGE OMNIBUS OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS by Greenfield Childrens Partnership, Greenfield Investment Services, LLC, David Schwartz. (Attachments: # 1 Text of Proposed Order)(Menzer, Gary) (Entered: 08/21/2013)

08/22/2013 71 ENDORSED ORDER granting 70 Motion for Leave to File Excess Pages. Approved by Judge Donald M. Middlebrooks on 8/22/13. (ar) (Entered: 08/22/2013)

08/23/2013 72 RESPONSE in Opposition re 68 MOTION to Dismiss 65 Amended Complaint, , 69 MOTION to Dismiss 65 Amended Complaint, filed by Greenfield Childrens Partnership, Greenfield Investment Services, LLC, David Schwartz. (Menzer, Gary) (Entered: 08/23/2013)

09/04/2013 73 Unopposed MOTION for Extension of Time to File Response/Reply Briefs by Marc H. Bell, Robert B. Bell, Barry W. Florescue, FriendFinder Networks, Inc., Imperial Capital, LLC, James LaChance, Ladenburg Thalman & Co., Inc., Toby E. Lazarus, Ezra Shashoua, Jason Smith, Daniel C. Staton. Attorney Tracy Ann Nichols added to party Marc H. Bell(pty:dft), Attorney Tracy Ann Nichols added to party Robert B. Bell(pty:dft), Attorney Tracy Ann Nichols added to party Barry W. Florescue(pty:dft), Attorney Tracy Ann Nichols added to party James LaChance(pty:dft), Attorney Tracy Ann Nichols added to party Toby E. Lazarus(pty:dft), Attorney Tracy Ann Nichols added to party Ezra Shashoua(pty:dft), Attorney Tracy Ann Nichols added to party Jason Smith(pty:dft), Attorney Tracy Ann Nichols added to party Daniel C. Staton(pty:dft). (Nichols, Tracy) (Entered: 09/04/2013)

09/12/2013 74 REPLY to Response to Motion re 69 MOTION to Dismiss 65 Amended Complaint, filed by Marc H. Bell, Robert B. Bell, Barry W. Florescue, FriendFinder Networks,

Inc., James LaChance, Toby E. Lazarus, Ezra Shashoua, Jason Smith, Daniel C. Staton. (Attachments: # 1 Exhibit A)(Nichols, Tracy) (Entered: 09/12/2013)

09/12/2013 75 REPLY to Response to Motion re 68 MOTION to Dismiss 65 Amended Complaint, filed by Imperial Capital, LLC, Ladenburg Thalman & Co., Inc.. (Rodriguez, Cristina) (Entered: 09/12/2013)

09/17/2013 76 SUGGESTION OF BANKRUPTCY as to FriendFinder Networks Inc. by FriendFinder Networks, Inc. (Attachments: # 1 Exhibit A)(Warren, Stephen) (Entered: 09/17/2013)

10/31/2013 77 ORDER granting 73 Motion for Extension of Time to File Response/Reply re 68 MOTION to Dismiss 65 Amended Complaint, , 69 MOTION to Dismiss 65 Amended Complaint, . Replies deemed timely Replies due by 9/12/2013. Re: 68 MOTION to Dismiss 65 Amended Complaint, , 69 MOTION to Dismiss 65 Amended Complaint, . Signed by Judge Donald M. Middlebrooks on 10/31/2013. (sw) (Entered: 10/31/2013)

02/05/2014 78 ORDER Requiring Status Report and Administratively Closing Case. ( Joint Status Report due by 2/7/2014). The Clerk of Court shall ADMINISTRATIVELY CLOSE this case; however, the Motions to Dismiss (DEs 68, 69) shall REMAIN PENDING. Signed by Judge Donald M. Middlebrooks on 2/5/2014. (ar2) (Entered: 02/05/2014)

02/07/2014 79 STATUS REPORT JOINT by Marc H. Bell, Robert B. Bell, Barry W. Florescue, FriendFinder Networks, Inc., Imperial Capital, LLC, James LaChance, Ladenburg Thalman & Co., Inc., Toby E. Lazarus, Ezra Shashoua, Jason Smith, Daniel C. Staton (Nichols, Tracy) (Entered: 02/07/2014)

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