U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv CM. Parties and Attorneys

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1 US District Court Civil Docket as of 05/11/2009 Retrieved from the court on Tuesday, May 19, 2009 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv CM Fort Worth Employees Retirement Fund v. Biovail Corporation et al Date Filed: Oct. 08, 2008 Status: Closed Nature of suit: 850 Securities/Commodities Assigned to: Judge Colleen McMahon Cause: 28:1331 Fed. Question Date terminated: May 11, 2009 Jurisdiction: Federal Question Jury demand: Plaintiff Plaintiff Fort Worth Employees Retirement Fund on behalf of itself and all others similarly situated Parties and Attorneys Samuel Howard Rudman Coughlin Stoia Geller Rudman & Robbins, LLP (LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) David Avi Rosenfeld Coughlin Stoia Geller Rudman & Robbins, LLP (LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) Mario Alba, Jr

Question Date terminated: May 11, 2009 Jurisdiction: Federal Question Jury demand: Plaintiff Plaintiff Fort Worth Employees Retirement Fund on behalf of itself and all others similarly situated

2 Coughlin Stoia Geller Rudman & Robbins, LLP (LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) Biovail Corporation Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY (212) Fax: (212) Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY (212) Fax: (212) Sullivan and Cromwell, LLP(NYC) 125 Broad Street New York, NY (212) Fax: (212) Douglas J.P. Squires

com Biovail Corporation Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212) 558-3121 Fax: (212) 558-3588

3 Kenneth G. Howling Peter Silverstone Gilbert Godin Docket ProceedingsReverse Proceedings Req # Filed # Docket Text MANUALLY-COLLECTED COMPLAINT 1 Oct. 08, COMPLAINT against Biovail Corporation, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone. (Filing Fee $ , Receipt Number )Document filed by Fort Worth Employees Retirement Fund.(ama) (ama). (Entered: 10/09/2008) 2 Oct. 08, 2008 SUMMONS ISSUED as to Biovail Corporation, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone. (ama) (Entered: 10/09/2008) 3 Oct. 08, 2008 Magistrate Judge Kevin N. Fox is so designated. (ama) (Entered: 10/09/2008) 4 Oct. 08, 2008 Case Designated ECF. (ama) (Entered: 10/09/2008) 5 Oct. 08, RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fort Worth Employees Retirement Fund.(ama) (Entered: 10/09/2008) 6 Oct. 09, ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/12/2008 at 11:45 AM in Courtroom 21B, 500

00, Receipt Number 665072)Document filed by Fort Worth Employees Retirement Fund.(ama) (ama). (Entered: 10/09/2008) 2 Oct. 08, 2008 SUMMONS ISSUED as to Biovail Corporation, Douglas J.P.

4 Req # Filed # Docket Text Pearl Street, New York, NY before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/9/08) (cd) (Entered: 10/09/2008) 7 Oct. 10, 2008 ***NOTE TO ATTORNEY TO PDF. Note to Attorney Samuel Howard Rudman for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. the PDF for Document 2 Rule 7.1 Corporate Disclosure Statement, 1 Complaint to: case_openings@nysd.uscourts.gov. (ama) (Entered: 10/10/2008) 8 Nov. 24, NOTICE OF APPEARANCE by Robert Joseph Giuffra, Jr on behalf of Biovail Corporation, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone (Giuffra, Robert) (Entered: 11/24/2008) 9 Nov. 24, NOTICE OF APPEARANCE by Michael Thomas Tomaino, Jr on behalf of Biovail Corporation, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone (Tomaino, Michael) (Entered: 11/24/2008) 10 Dec. 08, MOTION to Appoint Counsel., MOTION to Appoint Fort Worth Employees Retirement Fund to serve as lead plaintiff(s). Document filed by Fort Worth Employees Retirement Fund. (Attachments: # 1 Exhibit A)(Rosenfeld, David) (Entered: 12/08/2008) 11 Dec. 08, MEMORANDUM OF LAW in Support re: 6 MOTION to Appoint Counsel. MOTION to Appoint Fort Worth Employees Retirement Fund to serve as lead plaintiff(s).. Document filed by Fort Worth Employees Retirement Fund. (Rosenfeld, David) (Entered: 12/08/2008) 12 Dec. 08, DECLARATION of David A. Rosenfeld in Support re: 6 MOTION to Appoint Counsel. MOTION to Appoint Fort Worth Employees Retirement Fund to serve as lead plaintiff(s).. Document filed by Fort Worth Employees Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rosenfeld, David) (Entered: 12/08/2008) 13 Dec. 10, STIPULATION AND ORDER: It IS HEREBY STIPULATED AND AGREED, by and between theparties to this action through their undersigned counsel, as follows: Service of the complaint filed with the Court on October 8, Within forty-five (45) days after entry of an Order appointing Lead Plaintiff and Lead Plaintiff's Counsel, Lead Plaintiff shall file and serve an Amended Complaint (the "Amended Complaint"). 3. Service of the Amended Complaint upon s shall be effectuated by delivering a copy of the Amended Complaint by electronic mail and overnight courier to the undersigned counsel for s at Sullivan & Cromwell. ENDORSEMENT: No-I will not agree to this timetable. This case must be conferred. See you Friday at 11:45 a.m. No other cases have been filed the 60 days have expired you are the only case. We will set schedule on Friday. So Ordered. (Signed by Judge Colleen McMahon on 12/10/08) (js) (Entered: 12/11/2008) 14 Dec. 12, 2008 Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 12/12/2008. Decision: Plaintiff has until 12/17/2008 to file an amended complaint. 's motion to dismiss is due by 1/12/2009. Plaintiff's opposition is due by 1/31/2009. 's reply is due 2/6/2009. (Submitted by Patrick Somers). (mde) (Entered: 12/15/2008) 15 Dec. 15, NOTICE OF APPEARANCE by on behalf of Biovail Corporation, Douglas J.P. Squires, Kenneth G. Howling, Peter

E-MAIL the PDF for Document 2 Rule 7.1 Corporate Disclosure Statement, 1 Complaint to: case_openings@nysd.uscourts.gov. (ama) (Entered: 10/10/2008) 8 Nov.

5 Req # Filed # Docket Text Silverstone (Dunne, Christopher) (Entered: 12/15/2008) 16 Dec. 17, AMENDED COMPLAINT amending 1 Complaint against Gilbert Godin, Biovail Corporation, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone. Document filed by Fort Worth Employees Retirement Fund. Related document: 1 Complaint filed by Fort Worth Employees Retirement Fund.(dle) (Entered: 12/19/2008) 17 Jan. 12, MOTION to Dismiss Amended Complaint. Document filed by Biovail Corporation, Gilbert Godin, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone.(Dunne, Christopher) (Entered: 01/12/2009) 18 Jan. 12, DECLARATION of Robert J. Giuffra, Jr. in Support re: 12 MOTION to Dismiss Amended Complaint.. Document filed by Biovail Corporation, Gilbert Godin, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Dunne, Christopher) (Entered: 01/12/2009) 19 Jan. 12, MEMORANDUM OF LAW in Support re: 12 MOTION to Dismiss Amended Complaint.. Document filed by Biovail Corporation, Gilbert Godin, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone. (Dunne, Christopher) (Entered: 01/12/2009) 20 Jan. 29, ENDORSED LETTER addressed to Judge Colleen McMahon from Samuel H. Rudman dated 1/28/09 re: Counsel for Lead Plaintiff Forth Worth Employees' Retirement Fund write to the Court for a two-day extension of the briefing schedule of s' Motion to Dismiss Lead Plaintiff's Amended Class Action Complaint to as follows: 2/2/09 for opposition brief and 2/9/09 for reply. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 1/29/09) (tro) (Entered: 01/29/2009) 21 Feb. 02, MEMORANDUM OF LAW in Opposition re: 12 MOTION to Dismiss Amended Complaint.. Document filed by Fort Worth Employees Retirement Fund. (Rudman, Samuel) (Entered: 02/02/2009) 22 Feb. 10, REPLY MEMORANDUM OF LAW in Support re: 12 MOTION to Dismiss Amended Complaint.. Document filed by Biovail Corporation, Gilbert Godin, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone. (Dunne, Christopher) (Entered: 02/10/2009) 23 Apr. 09, MEMORANDUM ORDER DENYING AS MOOT FOR APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL FOR THE CLASS 6 Motion to Appoint Counsel ; 6 Motion to Appoint. The motion is denied as moot.plaintiff will continue as the only named party plaintiff, and Coughlin Stoia as the only plaintiffs' law firm, without any need for a court order. This constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 4/9/09) (tro) Modified on 4/21/2009 (tro). (Entered: 04/09/2009) 24 May 08, DECISION GRANTING DEFENDANT'S MOTION TO DISMISS THE COMPLAINT: For the foregoing reasons, the Court grants s' motion (Docket No. 12) and dismisses the Amended Complaint in its entirety. Because plaintiff has already amended its complaint once, and because the flaws in pleading are incurable on the facts of this case, dismissal is with prejudice. This constitutes the decision and order of the Court.(Signed by Judge Colleen McMahon on 5/8/2009) (jfe) (Entered: 05/08/2009)

12, 2009 12 MOTION to Dismiss Amended Complaint. Document filed by Biovail Corporation, Gilbert Godin, Douglas J.P. Squires, Kenneth G. Howling, Peter Silverstone.

6 Req # Filed # Docket Text 25 May 08, 2009 Transmission to Judgments and Orders Clerk. Transmitted re: 19 Order on Motion to Dismiss,, to the Judgments and Orders Clerk. (jfe) (Entered: 05/08/2009) 26 May 11, CLERK'S JUDGMENT That for the reasons stated in the Court's Decision dated May 8, 2009, defendants' motion is granted, and the amended complaint is dismissed in its entirety with prejudice. (Signed by J. Michael McMahon, clerk on 5/11/09) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 05/11/2009)

(jfe) (Entered: 05/08/2009) 26 May 11, 2009 20 CLERK'S JUDGMENT That for the reasons stated in the Court's Decision dated May 8,

Case 1:09-cv-03701-JPO-JCF Document 362 Filed 08/04/15 Page 1 of 8 : : : : : : EXHIBIT A

Case 1:09-cv-03701-JPO-JCF Document 362 Filed 08/04/15 Page 1 of 8 : : : : : : EXHIBIT A Case 109-cv-03701-JPO-JCF Document 362 Filed 08/04/15 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x FORT WORTH EMPLOYEES RETIREMENT FUND, On Behalf of Itself and All Others Similarly