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

U.S. District Court Eastern District of Michigan (Detroit)

CIVIL DOCKET FOR CASE #: 2:16-cv-10089-AJT-RSW

Dougherty v. Esperion Therapeutics, Inc. et al Assigned to: District Judge Arthur J. Tarnow Referred to: Magistrate Judge R. Steven Whalen Case in other court: U.S. Court of Appeals - Sixth Circuit, 17-

01701 U.S. Court of Appeals - Sixth Circuit, 17-

01701 Cause: 15:78m(a) Securities Exchange Act

Date Filed: 01/12/2016 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Kevin L Dougherty represented by Angela L. Baldwin

The Miller Law Firm 1001 Woodward Suite 850 Detroit, MI 48226 248-841-2200 Email: alb@millerlawpc.com ATTORNEY TO BE NOTICED Dennis A. Lienhardt The Miller Law Firm, P.C. 950 W. University Drive Suite 300 Rochester, MI 48307 248-841-2200 Fax: 248-652-2852 Email: dal@millerlawpc.com ATTORNEY TO BE NOTICED Sharon S. Almonrode The Miller Law Firm, P.C. 950 West University Drive Suite 300 Rochester, MI 48307 248-841-2200 Fax: 248-652-2852 Email: ssa@millerlawpc.com ATTORNEY TO BE NOTICED

William Kalas The Miller Law Firm, P.C. 950 West University Drive Suite 300 Rochester, MI 48307 248-841-2200 Fax: 248-652-2852 Email: wk@millerlawpc.com ATTORNEY TO BE NOTICED E. Powell Miller The Miller Law Firm 950 W. University Drive Suite 300 Rochester, MI 48307 248-841-2200 Email: epm@millerlawpc.com ATTORNEY TO BE NOTICED

V.

Defendant Esperion Therapeutics, Inc. represented by Adam Slutsky

Goodwin Procter LLP 53 State Street Exchange Place Boston, MA 02109 617-570-8243 Fax: 617-801-8972 Email: ASlutsky@goodwinprocter.com ATTORNEY TO BE NOTICED Deborah S. Birnbach Goodwin Procter LLP Exchange Place 53 State Street Boston, MA 02109 617-570-1000 Fax: 617-523-1231 Email: dbirnbach@goodwinprocter.com ATTORNEY TO BE NOTICED Emily Unger Goodwin Proctor LLP 100 Northern Avenue Boston, MA 02210 617-570-1000 Fax: 617-523-1231 Email: EUnger@goodwinlaw.com ATTORNEY TO BE NOTICED

Ian Stearns Goodwin Procter LLP 100 Northern Avenue Boston, MA 02210 617-570-1000 Fax: 617-523-1231 Email: IStearns@goodwinlaw.com ATTORNEY TO BE NOTICED Katherine M. Anthony Goodwin Procter LLP 53 State Street Boston, MA 02109 617-570-3985 Fax: 617-801-8656 Email: KAnthony@goodwinprocter.com ATTORNEY TO BE NOTICED Katherine McKenney Goodwin Procter LLP Exchange Place 53 State Street Boston, MA 02109 617-570-1000 Fax: 617-523-1231 Email: kmckenney@goodwinprocter.com ATTORNEY TO BE NOTICED Matthew J. Boettcher Plunkett & Cooney (Bloomfield Hills) 38505 Woodward Avenue Suite 100 Bloomfield Hills, MI 48304-5097 248-901-4035 Email: mboettcher@plunkettcooney.com ATTORNEY TO BE NOTICED

Defendant Tim M Mayleben represented by Adam Slutsky

(See above for address) ATTORNEY TO BE NOTICED Deborah S. Birnbach (See above for address) ATTORNEY TO BE NOTICED Emily Unger (See above for address) ATTORNEY TO BE NOTICED

Ian Stearns (See above for address) ATTORNEY TO BE NOTICED Katherine M. Anthony (See above for address) ATTORNEY TO BE NOTICED Katherine McKenney (See above for address) ATTORNEY TO BE NOTICED Matthew J. Boettcher (See above for address) ATTORNEY TO BE NOTICED

V.

Movant Roger Jolicoeur represented by Thomas L. Laughlin , IV

Scott & Scott LLP The Chrysler Building 405 Lexington Avenue, 40th Floor New York, NY 10174 212-223-6444 Fax: 212-223-6334 Email: tlaughlin@scott-scott.com ATTORNEY TO BE NOTICED

Movant Daniel Lee Martin represented by Lance C. Young

One Towne Square Suite 1700 Southfield, MI 48076 248-355-0300 Fax: 248-415-2238 Email: lyoung@sommerspc.com ATTORNEY TO BE NOTICED

Movant AURELIO SCARPATETTI represented by Edmond Prifti

Sachs Waldman Professional Corporation 1423 E. Twelve Mile Road Madison Heights, MI 48071 248-658-0798 Fax: 248-658-0801 Email: eprifti@sachswaldman.com ATTORNEY TO BE NOTICED

Movant Brian Berberian represented by Patrick E. Cafferty

Cafferty Clobes Meriwether & Sprengel LLP 220 Collingwood Drive Suite 130 Ann Arbor, MI 48103 734-769-2144 Email: PCafferty@CaffertyClobes.com ATTORNEY TO BE NOTICED

Movant Ronald E Wallace represented by Alayne Karen Gobeille

Kahn Swick & Foti LLC 1100 Poydras Street Suite 3200 New Orleans, LA 70163 504-455-1400 Fax: 504-455-1498 Email: Alayne.Gobeille@ksfcounsel.com ATTORNEY TO BE NOTICED Alexander Louis Burns Kahn Swick & Foti LLC 1100 Poydras Street Suite 3200 New Orleans, LA 70163 504-455-1400 Fax: 504-455-1498 Email: alexander.burns@ksfcounsel.com ATTORNEY TO BE NOTICED Austin P. Brane Robbins Geller Rudman and Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: abrane@rgrdlaw.com ATTORNEY TO BE NOTICED Kevin A. Lavelle Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Email: klavelle@rgrdlaw.com ATTORNEY TO BE NOTICED

Melinda A. Nicholson Kahn Swick & Foti, LLC 1100 Poydras Street Suite 3200 New Orleans, LA 70163 504-455-1400 Fax: 504-455-1498 Email: melinda.nicholson@ksfcounsel.com ATTORNEY TO BE NOTICED Ramzi Abadou Kahn Swick & Foti LLP 912 Cole Street Suite 251 San Francisco, CA 94117 415-231-4313 Fax: 504-455-1498 Email: Ramzi.Abadou@ksfcounsel.com ATTORNEY TO BE NOTICED Sharon S. Almonrode (See above for address) ATTORNEY TO BE NOTICED Ting H. Liu Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: TLiu@rgrdlaw.com ATTORNEY TO BE NOTICED Ryan A. Llorens Robbins Geller Rudman and Dowd LLP 655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: ryanl@rgrdlaw.com ATTORNEY TO BE NOTICED

Movant Walter J Minett represented by Alayne Karen Gobeille

(See above for address) ATTORNEY TO BE NOTICED

Alexander Louis Burns (See above for address) ATTORNEY TO BE NOTICED Austin P. Brane (See above for address) ATTORNEY TO BE NOTICED Kevin A. Lavelle (See above for address) ATTORNEY TO BE NOTICED Melinda A. Nicholson (See above for address) ATTORNEY TO BE NOTICED Ramzi Abadou (See above for address) ATTORNEY TO BE NOTICED Sharon S. Almonrode (See above for address) ATTORNEY TO BE NOTICED Ting H. Liu (See above for address) ATTORNEY TO BE NOTICED Ryan A. Llorens (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/12/2016 1 COMPLAINT filed by Kevin L Dougherty against Esperion Therapeutics, Inc., Tim M Mayleben with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5503656 - Fee: $ 400. County of 1st Plaintiff: Out of State - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Miller, E.) (Entered: 01/12/2016)

01/12/2016 A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DPer) (Entered: 01/12/2016)

01/12/2016 2 SUMMONS Issued for *Esperion Therapeutics, Inc.* (DPer) (Entered: 01/12/2016)

01/12/2016 3 SUMMONS Issued for *Tim M Mayleben* (DPer) (Entered: 01/12/2016)

01/12/2016 4 NOTICE of Appearance by Sharon S. Almonrode on behalf of Kevin L Dougherty. (Almonrode, Sharon) (Entered: 01/12/2016)

01/25/2016 5 CERTIFICATE of Service/Summons Returned Executed. Esperion Therapeutics, Inc. served on 1/15/2016, answer due 2/5/2016. (Almonrode, Sharon) (Entered: 01/25/2016)

01/25/2016 6 CERTIFICATE of Service/Summons Returned Executed. Esperion Therapeutics, Inc. served on 1/19/2016, answer due 2/9/2016. (Almonrode, Sharon) (Entered: 01/25/2016)

01/25/2016 7 CERTIFICATE of Service/Summons Returned Executed. Tim M Mayleben served on 1/15/2016, answer due 2/5/2016. (Almonrode, Sharon) (Entered: 01/25/2016)

02/08/2016 8 NOTICE of Appearance by Matthew J. Boettcher on behalf of Esperion Therapeutics, Inc., Tim M Mayleben. (Boettcher, Matthew) (Entered: 02/08/2016)

02/08/2016 9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Esperion Therapeutics, Inc., Tim M Mayleben (Boettcher, Matthew) (Entered: 02/08/2016)

02/11/2016 10 STIPULATION AND ORDER to Extend Time to Respond to the 1 Complaint. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/11/2016)

02/18/2016 11 NOTICE TO APPEAR: Scheduling/Settlement Conference set for 3/3/2016 11:30 AM before District Judge Arthur J. Tarnow. (MLan) (Entered: 02/18/2016)

02/23/2016 12 STIPULATION AND ORDER TO ADJOURN INITIAL CONFERENCE SCHEDULED FOR MARCH 3, 2016. Signed by District Judge Arthur J. Tarnow. (TBan) (Entered: 02/23/2016)

03/14/2016 13 [FILED IN ERROR: APPEARANCE IS FOR THE WRONG PARTY] NOTICE of Appearance by Lance C. Young on behalf of Kevin L Dougherty. (Young, Lance) Modified on 3/15/2016 (DAll). (Entered: 03/14/2016)

03/14/2016 14 MOTION to Appoint Counsel and Lead Plaintiff by Roger Jolicoeur. (Attachments: # 1 Memorandum in Support of Motion, # 2 Johnson Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Text of Proposed Order) (Laughlin, Thomas) (Entered: 03/14/2016)

03/14/2016 15 MOTION to Appoint Counsel and Lead Plaintiff by Daniel Lee Martin. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Certification of Daniel Lee Martin, # 3 Exhibit B - Loss Chart, # 4 Exhibit C - Notice, # 5 Exhibit D - Firm Resume, # 6 Text of Proposed Order) (Young, Lance) (Entered: 03/14/2016)

03/14/2016 16 MOTION to Appoint Counsel and Lead Plaintiff by AURELIO SCARPATETTI. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Prifti, Edmond) (Entered: 03/14/2016)

03/14/2016 17 MOTION to Appoint Counsel and Lead Plaintiff by Brian Berberian. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (Press Release), # 3 Exhibit B (Movant Certification), # 4 Exhibit C (Loss Chart), # 5 Exhibit D (Glancy Firm Resume), # 6 Exhibit E (Cafferty Firm Resume)) (Cafferty, Patrick) (Entered: 03/14/2016)

03/14/2016 18 MOTION Appointment of Lead Plaintiff and Lead Counsel Ronald E. Wallace and Walter J. Minett's Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel; Memorandum of Law in Support Thereof by Ronald E Wallace. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order) (Almonrode, Sharon) (Entered: 03/14/2016)

03/22/2016 19 NOTICE by Roger Jolicoeur of Non-Opposition to Competing Motions for Lead Plaintiff (Laughlin, Thomas) (Entered: 03/22/2016)

03/22/2016 20 NOTICE OF HEARING on 17 MOTION to Appoint Counsel and Lead Plaintiff, 14 MOTION to Appoint Counsel and Lead Plaintiff, 18 MOTION Appointment of Lead Plaintiff and Lead Counsel, 15 MOTION to Appoint Counsel and Lead Plaintiff, 16 MOTION to Appoint Counsel and Lead Plaintiff. Motion Hearing set for 4/11/2016 03:30 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 03/22/2016)

03/29/2016 21 NOTICE by Daniel Lee Martin of Non-Opposition to Competing Motions for Appointment as Lead Plaintiff and Approval of Selection of Counsel (Young, Lance) (Entered: 03/29/2016)

03/30/2016 22 NOTICE by Brian Berberian of Non-Opposition to Competing Motions for Appointment of Lead Plaintiff and Approval of Lead Counsel (Cafferty, Patrick) (Entered: 03/30/2016)

03/31/2016 23 NOTICE by AURELIO SCARPATETTI of Non-Opposition to Competing Motions for Appointment of Lead Plaintiff and Approval of Lead Counsel (Prifti, Edmond) (Entered: 03/31/2016)

03/31/2016 24 RESPONSE to 18 MOTION Appointment of Lead Plaintiff and Lead Counsel Ronald E. Wallace and Walter J. Minett's Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel; Memorandum of Law in Support Thereof Ronald E. Wallace and Walter J. Minett's Memorandum of Law in Opposition to the Competing Motions for Appointment as Lead Plaintiff filed by Ronald E Wallace, Walter J Minett. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Joint Declaration of Ronald E. Wallace and Walter J. Minett) (Almonrode, Sharon) (Entered: 03/31/2016)

04/05/2016 25 ORDER granting 18 MOTION Appointment of Lead Plaintiff and Lead Counsel filed by Ronald E. Wallace and Walter J. Minett, denying 15 MOTION to Appoint Counsel and Lead Plaintiff filed by Daniel Lee Martin, 14 MOTION to Appoint Counsel and Lead Plaintiff filed by Roger Jolicoeur, 16 MOTION to Appoint Counsel and Lead Plaintiff filed by AURELIO SCARPATETTI, 17 MOTION to Appoint Counsel and Lead Plaintiff filed by Brian Berberian and CANCELLING MOTION HEARING SCHEDULED FOR 4/11/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 04/05/2016)

05/09/2016 26 NOTICE of Appearance by Adam Slutsky on behalf of Esperion Therapeutics, Inc., Tim M Mayleben. (Slutsky, Adam) (Entered: 05/09/2016)

05/09/2016 27 NOTICE of Appearance by Deborah S. Birnbach on behalf of Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 05/09/2016)

05/09/2016 28 NOTICE of Appearance by Katherine M. Anthony on behalf of Esperion Therapeutics, Inc., Tim M Mayleben. (Anthony, Katherine) (Entered: 05/09/2016)

05/20/2016 29 AMENDED COMPLAINT with Jury Demand filed by Walter J Minett, Ronald E Wallace against Esperion Therapeutics, Inc., Tim M Mayleben. NO NEW PARTIES ADDED. (Llorens, Ryan) (Entered: 05/20/2016)

07/05/2016 30 MOTION to Dismiss the Amended Complaint by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Index of Exhibits /Declaration in Support of Defendants' Motion to Dismiss the Amended Complaint, # 2 Exhibit A - Excerpts of Esperions Form 10-K, # 3 Exhibit B - Excerpts of Esperions Prospectus Supplement Form 424B5, # 4 Exhibit C - Excerpts of Esperions Registration Statement Form S-1, # 5 Exhibit D - Esperions Press Release Dated August 17, 2015, # 6 Exhibit E - Transcript of Esperions August 17, 2015 Conference Call, # 7 Exhibit F - Esperions Press Release Dated September 28, 2015, # 8 Exhibit G - Transcript of Esperions September 28, 2015 Conference Call, # 9 Exhibit H - Credit Suisses Report on Esperion Dated September 28, 2015, # 10 Exhibit I - UBSs Report Regarding Esperion Dated September 28, 2015, # 11 Exhibit J - Chart Reflecting Esperions Closing Stock Prices and the NASDAQ Composite Index Value) (Birnbach, Deborah) (Entered: 07/05/2016)

08/02/2016 31 ORDER Requiring Response to 30 Motion to Dismiss. Response due by 8/16/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/02/2016)

08/02/2016 TEXT-ONLY NOTICE Correcting 31 Order Setting Date for Response as 8/16/2016 and Correcting Date for Response date re 30 MOTION to Dismiss the Amended Complaint. Response due by 8/19/2016. (MLan) (Entered: 08/02/2016)

08/19/2016 32 RESPONSE to 30 MOTION to Dismiss the Amended Complaint filed by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Exhibit 1 - Guidance for Industry Formal Meetings Between the FDA and Sponsors or Applicants) (Llorens, Ryan) (Entered: 08/19/2016)

09/13/2016 33 APPLICATION , Defendants' Ex Parte Application for Leave to File Reply Brief In Excess of Seven (7) Pages by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 09/13/2016)

09/13/2016 34 [FILED IN ERROR-DOCUMENT REFILED SEE DE. 35]REPLY to Response re 30 MOTION to Dismiss the Amended Complaint filed by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) Modified on 9/14/2016 (DAll). (Entered: 09/13/2016)

09/13/2016 35 REPLY to Response re 30 MOTION to Dismiss the Amended Complaint filed by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) [REPLY BRIEF IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT]Modified on 9/14/2016 (BGar). (Entered: 09/13/2016)

09/14/2016 TEXT-ONLY ORDER granting 33 Application for Leave to File Reply Brief in Excess of Seven Pages filed by Tim M Mayleben, Esperion Therapeutics, Inc.. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/14/2016)

09/16/2016 36 NOTICE OF HEARING on 30 MOTION to Dismiss the Amended Complaint. Motion Hearing set for 12/2/2016 12:30 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 09/16/2016)

09/16/2016 TEXT-ONLY NOTICE OF CORRECTION 30 MOTION to Dismiss the Amended Complaint. Motion Hearing set for 11/2/2016 12:30 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 09/16/2016)

10/26/2016 TEXT-ONLY NOTICE as to 30 MOTION to Dismiss the Amended Complaint. Motion Hearing ADJOURNED TO 11/4/2016 11:00 AM before District Judge Arthur J. Tarnow. (MLan) (Entered: 10/26/2016)

11/04/2016 Minute Entry for proceedings before District Judge Arthur J. Tarnow: Motion Hearing held on 11/4/2016 re 30 MOTION to Dismiss the Amended Complaint filed by Tim M Mayleben, Esperion Therapeutics, Inc. Disposition: Motion taken under advisement. (Court Reporter: Lawrence Przybysz) (MLan) (Entered: 11/04/2016)

11/21/2016 37 TRANSCRIPT of Motion Hearing held on November 4, 2016. (Court Reporter/Transcriber: Lawrence Przybysz) (Number of Pages: 50) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 12/12/2016. Redacted Transcript Deadline set for 12/22/2016. Release of Transcript Restriction set for 2/21/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Przybysz, L) (Entered: 11/21/2016)

12/27/2016 38 ORDER granting 30 Motion to Dismiss. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/27/2016)

12/27/2016 39 JUDGMENT in favor of Defendants against Plaintiffs. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/27/2016)

01/24/2017 40 MOTION to Alter or Amend the December 27, 2016 Judgment and for Leave to File the Proposed Second Amended Complaint re 39 Judgment by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - [Proposed] Second Amended Complaint for Violations of the Federal Securities Laws, # 3 Exhibit B - Derivative Complaint) (Llorens, Ryan) (Entered: 01/24/2017)

02/15/2017 41 ORDER directing response to 40 MOTION to Alter or Amend the December 27, 2016 Judgment and for Leave to File the Proposed Second Amended Complaint re 39 Judgment: Response due by 3/1/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/15/2017)

03/01/2017 42 RESPONSE to 40 MOTION to Alter or Amend the December 27, 2016 Judgment and for Leave to File the Proposed Second Amended Complaint re 39 Judgment filed by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 03/01/2017)

05/22/2017 43 ORDER denying 40 Motion Motion to Alter or Amend the December 27, 2016 Judgment and for Leave to File the Proposed Second Amended Complaint. Signed by District Judge Arthur J. Tarnow. (TMcg) (Entered: 05/22/2017)

06/19/2017 44 NOTICE OF APPEAL by Walter J Minett, Ronald E Wallace re 43 Order on Motion - Free, 39 Judgment, 38 Order on Motion to Dismiss. Receipt No: 0645-6274735 - Fee: $ 505 - Fee Status: Fee Paid. (Llorens, Ryan) (Entered: 06/19/2017)

06/20/2017 45 Certificate of Service re 44 Notice of Appeal. (DWor) (Entered: 06/20/2017)

09/27/2018 46 OPINION from U.S. Court of Appeals - Sixth Circuit re 44 Notice of Appeal filed by Walter J Minett, Ronald E Wallace [Appeal Case Number 17-1701] (SKra) (Entered: 09/28/2018)

12/11/2018 47 MANDATE from U.S. Court of Appeals - Sixth Circuit as to 46 Appeal Order/Opinion/Judgment [Appeal Case Number 17-1701] (SKra) (Entered: 12/11/2018)

12/26/2018 48 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 12/26/2018)

01/15/2019 49 NOTICE TO APPEAR: Status Conference set for 2/5/2019 03:00 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 01/15/2019)

02/04/2019 50 STIPULATION AND ORDER Governing the Treatment of Confidential Information. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/04/2019)

02/04/2019 51 NOTICE of Appearance by Angela L. Baldwin on behalf of Kevin L Dougherty. (Baldwin, Angela) (Entered: 02/04/2019)

02/05/2019 Minute Entry for proceedings before District Judge Arthur J. Tarnow: Scheduling Conference held on 2/5/2019. (MLan) (Entered: 02/05/2019)

02/06/2019 52 ORDER REOPENING CASE. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/06/2019)

02/07/2019 53 NOTICE of Appearance by Austin P. Brane on behalf of Walter J Minett, Ronald E Wallace. (Brane, Austin) (Entered: 02/07/2019)

02/08/2019 54 NOTICE of Appearance by Melinda A. Nicholson on behalf of Walter J Minett, Ronald E Wallace. (Nicholson, Melinda) (Entered: 02/08/2019)

02/13/2019 55 NOTICE of Appearance by Emily Unger on behalf of Esperion Therapeutics, Inc., Tim M Mayleben. (Unger, Emily) (Entered: 02/13/2019)

02/14/2019 56 SCHEDULING ORDER: Dispositive Motion Cut-off set for 8/11/2020, Joint Final Pretrial Order due 1/6/2021, Final Pretrial Conference set for 1/13/2021 03:00 PM before District Judge Arthur J. Tarnow. Signed by District Judge Arthur J. Tarnow. (Refer to image for additional dates) (MLan) (Entered: 02/14/2019)

02/21/2019 57 NOTICE of Appearance by Alexander Louis Burns on behalf of Walter J Minett, Ronald E Wallace. (Burns, Alexander) (Entered: 02/21/2019)

02/21/2019 58 NOTICE of Appearance by Alayne Karen Gobeille on behalf of Walter J Minett, Ronald E Wallace. (Gobeille, Alayne) (Entered: 02/21/2019)

02/21/2019 59 NOTICE of Appearance by Ramzi Abadou on behalf of Walter J Minett, Ronald E Wallace. (Abadou, Ramzi) (Entered: 02/21/2019)

03/19/2019 60 NOTICE of Appearance by Ting H. Liu on behalf of Walter J Minett, Ronald E Wallace. (Liu, Ting) (Entered: 03/19/2019)

03/28/2019 61 AMENDED ANSWER to Complaint 29 Amended Complaint by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 03/28/2019)

04/03/2019 62 CONSENT ORDER Granting Leave to File and Amended Answer. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 04/03/2019)

05/28/2019 63 Ex Parte MOTION for Leave to File Excess Pages for a Mutual Increase of 20 Pages by Walter J Minett, Ronald E Wallace. (Burns, Alexander) (Entered: 05/28/2019)

05/29/2019 64 ORDER granting 63 Motion for Leave to File Excess Pages. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 05/29/2019)

06/06/2019 65 MOTION to Seal for Leave to File Motion for Class Certification Under Seal by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits and Declaration of Alexander Burns In Support of Motion for Leave to File Under Seal, # 2 Exhibit 1 - REDACTED Version of Lead Plaintiffs' Class Certification Motion, # 3 Exhibit 2 - REDACTED Index of Exhibits and Declaration of Ramzi Abadou In Support of Lead Plaintiffs' Class Certification Motion, # 4 Exhibit A - Excerpt from Esperion Form 10-K for the Year Ended December 31, 2018, # 5 Exhibit B - REDACTED Excerpt from Esperion Board Presentation Materials, # 6 Exhibit C - REDACTED Excerpts from Analyst Reports, # 7 Exhibit D - REDACTED Excerpts from Preliminary Meeting Comments, # 8 Exhibit E - REDACTED Official End of Phase 2 Meeting Minutes, # 9 Exhibit F - REDACTED Esperion's Sponsor End of Phase 2 Meeting Minutes, # 10 Exhibit G - REDACTED emails between FDA and Esperion, # 11 Exhibit H - REDACTED internal emails by FDA, # 12 Exhibit I - Excerpts from Defendants Objections and Responses to Lead Plaintiffs' First Set of Requests for Admissions, # 13 Exhibit J - Market Efficiency Report of Chad Coffman, CFA, # 14 Exhibit K - Firm rsum of Kahn Swick & Foti, # 15 Exhibit L - Firm rsum of Robbins Geller Rudman & Dowd) (Burns, Alexander) (Entered: 06/06/2019)

06/06/2019 66 SEALED MOTION Class Certification, Appoint Class Representatives, and Appoint Class Counsel re 65 MOTION to Seal for Leave to File Motion for Class Certification Under Seal by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits and Declaration of Ramzi Abadou In Support of Motion for Class Certification, # 2 Exhibit A - Esperion Form 10-K for the Year Ended December 31, 2018, # 3 Exhibit B - UNREDACTED Excerpt from Esperion Board Presentation Materials, # 4 Exhibit C - UNREDACTED Excerpts from Analyst Reports, # 5 Exhibit D - UNREDACTED Excerpts from Preliminary Meeting Comments, # 6 Exhibit E - UNREDACTED Official End of Phase 2 Meeting Minutes, # 7 Exhibit F - UNREDACTED Esperion's Sponsor End of Phase 2 Meeting Minutes, # 8 Exhibit G - UNREDACTED emails between FDA and Esperion, # 9 Exhibit H - UNREDACTED internal emails by FDA, # 10 Exhibit I - Excerpts from Defendants

Objections and Responses to Lead Plaintiffs' First Set of Requests for Admissions, # 11 Exhibit J - Market Efficiency Report of Chad Coffman, CFA, # 12 Exhibit K - Firm Resume of Kahn Swick & Foti, # 13 Exhibit L - Firm Resume of Robbins Geller Rudman & Dowd) (Burns, Alexander) (Entered: 06/06/2019)

06/07/2019 67 NOTICE of Appearance by Ian Stearns on behalf of Esperion Therapeutics, Inc., Tim M Mayleben. (Stearns, Ian) (Entered: 06/07/2019)

06/12/2019 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits and Declaration of Alexander Burns In Support of Lead Plaintiffs' Motion for Leave to File Under Seal, # 2 Exhibit 01 - REDACTED Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material, # 3 Exhibit 02 - REDACTED Index of Exhibits and Declaration of Ramzi Abadou in Support of Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material, # 4 Exhibit A - REDACTED Emails Between Esperion and FDA (Group 1), # 5 Exhibit B - REDACTED Emails Between Esperion and FDA (Group 2), # 6 Exhibit C - REDACTED Emails Between Esperion and FDA (Group 3), # 7 Exhibit D - REDACTED Emails Between Esperion and FDA (Group 4), # 8 Exhibit E - REDACTED Credit Suisse Report, # 9 Exhibit F - REDACTED JP Morgan Report, # 10 Exhibit G - REDACTED RBC Capital Report, # 11 Exhibit H - REDACTED Stifel Report, # 12 Exhibit I - REDACTED UBS Report, # 13 Exhibit J - REDACTED Barclays Report, # 14 Exhibit K - REDACTED Chardan Report, # 15 Exhibit L - REDACTED Citi Report, # 16 Exhibit M - REDACTED JMP Report, # 17 Exhibit N - REDACTED Needham Report, # 18 Exhibit O - REDACTED Letter from Defense Counsel, Dated May 24, 2019, # 19 Exhibit P - REDACTED Letter from Lead Plaintiffs' Counsel, Dated May 29, 2019) (Burns, Alexander) (Entered: 06/12/2019)

06/12/2019 69 SEALED MOTION Challenge Defendants' Confidentiality Designations re 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits and Declaration of Ramzi Abadou In Support of Lead Plaintiffs Motion to Challenge Defendants' Designation of Confidential Material, # 2 Exhibit A - Emails Between Esperion and FDA (Group 1), # 3 Exhibit B - Emails Between Esperion and FDA (Group 2), # 4 Exhibit C - Emails Between Esperion and FDA (Group 3), # 5 Exhibit D - Emails Between Esperion and FDA (Group 4), # 6 Exhibit E - Credit Suisse Report, # 7 Exhibit F - JP Morgan Report, # 8 Exhibit G - RBC Capital Report, # 9 Exhibit H - Stifel Report, # 10 Exhibit I - UBS Report, # 11 Exhibit J - Barclays Report, # 12 Exhibit K - Chardan Report, # 13 Exhibit L - Citi Report, # 14 Exhibit M - JMP Report, # 15 Exhibit O - Excerpts from Letter from Defense Counsel, Dated May 24, 2019, # 16 Exhibit P - Letter from Lead Plaintiffs' Counsel, Dated May 29, 2019) (Burns, Alexander) (Entered: 06/12/2019)

06/18/2019 TEXT-ONLY ORDER GRANTING 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material filed by Walter J Minett, Ronald E Wallace, 65 MOTION to Seal for Leave to File Motion for Class Certification Under Seal filed by Walter J Minett, Ronald E Wallace. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 06/18/2019)

06/18/2019 70 ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 69 SEALED MOTION to Challenge Defendants' Confidentiality Designation of

Confidential Material by Walter J Min filed by Walter J Minett, Ronald E Wallace. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 06/18/2019)

06/19/2019 71 NOTICE OF HEARING on 69 SEALED MOTION to Challenge Defendants' Designation of Confidential Material . Resolved/Unresolved Issues due by 7/18/2019. Motion Hearing set for 7/23/2019 at 10:00 AM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 06/19/2019)

06/20/2019 72 AMENDED NOTICE OF HEARING on 69 SEALED MOTION Challenge Defendants' Confidentiality Designations re 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Walter J Min. - Resolved/Unresolved Issues due by 7/23/2019, Motion Hearing set for 7/25/2019 at 10:00 AM before Magistrate Judge R. Steven Whalen - ***NOTICE IS IDENTICAL TO D.E. 71 *** (CCie) (Entered: 06/20/2019)

06/20/2019 73 NOTICE of Appearance by Katherine McKenney on behalf of Esperion Therapeutics, Inc., Tim M Mayleben. (McKenney, Katherine) (Entered: 06/20/2019)

06/26/2019 74 RESPONSE to 69 SEALED MOTION Challenge Defendants' Confidentiality Designations re 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Walter J Min filed by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Birnbach, Deborah) (Entered: 06/26/2019)

07/03/2019 75 REPLY to Response re 69 SEALED MOTION Challenge Defendants' Confidentiality Designations re 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Walter J Min filed by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits and Declaration of Ting H. Liu In Support of Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material, # 2 Exhibit A - Email Exchange Between Ting H. Liu and UBS Representative Marina B. Miller, # 3 Exhibit B - Email Exchange Between Ting H. Liu and JMP Representative Rebecca Sklar, # 4 Exhibit C - Email Exchange Between Ting H. Liu and Chardan Senior Compliance Officer Dan Smith) (Burns, Alexander) (Entered: 07/03/2019)

07/09/2019 76 NOTICE of Appearance by Kevin A. Lavelle on behalf of Walter J Minett, Ronald E Wallace. (Lavelle, Kevin) (Entered: 07/09/2019)

07/23/2019 77 STATEMENT of Resolved and Unresolved Issues Submitted Jointly by the Parties re 69 SEALED MOTION Challenge Defendants' Confidentiality Designations re 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Walter J Min by Walter J Minett, Ronald E Wallace (Burns, Alexander) (Entered: 07/23/2019)

07/24/2019 78 NOTICE of Appearance by William Kalas on behalf of Kevin L Dougherty. (Kalas, William) (Entered: 07/24/2019)

07/25/2019 Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Motion Hearing held on 7/25/2019 re 69 SEALED MOTION Challenge Defendants' Confidentiality Designations re 68 MOTION to Seal Lead Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Walter J Min filed

by Walter J Minett, Ronald E Wallace - Disposition: Motion granted. (Court Reporter: Digitally Recorded) (CCie) (Entered: 07/30/2019)

07/30/2019 79 ORDER GRANTING 69 Sealed Motion- Signed by Magistrate Judge R. Steven Whalen. (CCie) (Entered: 07/30/2019)

07/31/2019 80 MOTION for Order for Release of Expedited Sealed Transcript by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 07/31/2019)

07/31/2019 81 ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 80 MOTION for Order for Release of Expedited Sealed Transcript filed by Tim M Mayleben, Esperion Therapeutics, Inc. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 07/31/2019)

08/06/2019 82 ORDER GRANTING DEFENDANTS' 80 Motion for Release of an Expedited Transcript - by Magistrate Judge R. Steven Whalen. (CCie) (Entered: 08/08/2019)

08/08/2019 83 SEALED TRANSCRIPT of Motion Hearing held on 7/25/2019. (Court Reporter/Transcriber: Christin E. Russell) (Number of Pages: 41) Attorneys of record may purchase a copy of the transcript from the Court Reporter/Transcriber. (Russell, C.) (Entered: 08/08/2019)

08/13/2019 84 MOTION to Seal for Leave to File Under Seal Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge the Defendants' Designation of Confidential Material by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Exhibit A - Redacted Version of Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge the Defendants' Designation of Confidential Material) (Birnbach, Deborah) (Entered: 08/13/2019)

08/13/2019 85 SEALED EXHIBIT Unredacted Version of Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge the Defendants' Designation of Confidential Material re 84 MOTION to Seal for Leave to File Under Seal Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge the Defendants' Designation of Confidential Material by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 08/13/2019)

08/22/2019 TEXT-ONLY ORDER granting 84 Motion to Seal. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/22/2019)

08/23/2019 86 MOTION to Seal Brief in Opposition to Plaintiffs' Motion for Class Certification (Assented- To) by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Exhibit 1 - REDACTED Brief in Opposition to Plaintiffs' Motion for Class Certification, # 2 Declaration of Adam Slutsky in Support of Brief in Opposition to Plaintiffs' Motion for Class Certification, # 3 Exhibit A - REDACTED Expert Report of Paul A. Gompers, # 4 Exhibit B - Under Seal, # 5 Exhibit C - Under Seal, # 6 Exhibit D - Under Seal, # 7 Exhibit E - Under Seal) (Birnbach, Deborah) (Entered: 08/23/2019)

08/23/2019 87 SEALED EXHIBIT UNREDACTED Brief in Opposition to Plaintiffs Motion for Class Certification re 66 SEALED MOTION Class Certification, Appoint Class Representatives, and Appoint Class Counsel re 65 MOTION to Seal for Leave to File Motion for Class Certification Under Seal by Walter J Minett, Ronald E by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Declaration of

Adam Slutsky in Support of Brief in Opposition to Plaintiffs' Motion fro Class Certification, # 2 Exhibit A - UNREDACTED Sealed Version of Expert Report of Paul A. Gompers, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Birnbach, Deborah) (Entered: 08/23/2019)

08/27/2019 TEXT-ONLY ORDER granting 86 MOTION to Seal Brief in Opposition to Plaintiffs' Motion for Class Certification (Assented- To) filed by Tim M Mayleben, Esperion Therapeutics, Inc. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/27/2019)

08/27/2019 88 MOTION to Seal Lead Plaintiffs' Opposition to Defendants' Objections by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Exhibit REDACTED VERSION of Lead Plaintiffs' Opposition to Defendants' Objections, # 2 Index of Exhibits and Declaration of Alexander L. Burns in Support of Lead Plaintiffs' Opposition to Defendants Objections, # 3 Exhibit REDACTED VERSION of Exhibit A, # 4 Exhibit REDACTED VERSION of Exhibit B, # 5 Exhibit REDACTED VERSION of Exhibit C, # 6 Exhibit REDACTED Version of Exhibit D, # 7 Exhibit REDACTED VERSION of Exhibit E, # 8 Exhibit F - Docket Entry No. 76 from Norris v. Excel Industries (W.D. Pa.)) (Burns, Alexander) (Entered: 08/27/2019)

08/27/2019 89 SEALED RESPONSE re 88 Motion to Seal,, Lead Plaintiffs' Opposition to Defendants' Objections (ECF No. 85) by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits and Declaration of Alexander Burns in Support of Lead Plaintiffs' Opposition to Defendants' Objections, # 2 Exhibit A - SEALED - First August 2015 Email Chain, # 3 Exhibit B - SEALED - Second August 2015 Email Chain, # 4 Exhibit C - SEALED - First September 2015 Email Chain, # 5 Exhibit D - SEALED - Second September 2015 Email Chain, # 6 Exhibit E - SEALED - Transcript of Sealed Motion Hearing July 25, 2019, # 7 Exhibit F - Docket Entry No. 76 from Norris v. Excel Industries (W.D. Pa.)) (Burns, Alexander) (Entered: 08/27/2019)

08/28/2019 TEXT-ONLY ORDER granting 88 MOTION to Seal Lead Plaintiffs' Opposition to Defendants' Objections filed by Walter J Minett, Ronald E Wallace. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/28/2019)

08/28/2019 90 Joint MOTION for Extension of Time to File Response/Reply as to 66 SEALED MOTION Class Certification, Appoint Class Representatives, and Appoint Class Counsel re 65 MOTION to Seal for Leave to File Motion for Class Certification Under Seal by Walter J Minett, Ronald E, 87 Sealed Exhibit,, by Walter J Minett, Ronald E Wallace. (Abadou, Ramzi) (Entered: 08/28/2019)

08/29/2019 91 ORDER granting 90 Joint MOTION for Extension of Time. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/29/2019)

09/03/2019 92 MOTION to Seal Reply Brief in Support of Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Exhibit A - REDACTED VERSION of Reply Brief in Support of Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material) (Birnbach, Deborah) (Entered: 09/03/2019)

09/03/2019 93 SEALED EXHIBIT UNREDACTED Reply Brief in Support of Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge Defendants'

Designation of Confidential Material re 92 MOTION to Seal Reply Brief in Support of Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 09/03/2019)

09/10/2019 TEXT-ONLY ORDER granting 92 MOTION to Seal Reply Brief in Support of Defendants' Objections to Order Granting Plaintiffs' Motion to Challenge Defendants' Designation of Confidential Material filed by Tim M Mayleben, Esperion Therapeutics, Inc. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/10/2019)

09/12/2019 94 ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 66 SEALED MOTION Class Certification, Appoint Class Representatives, and Appoint Class Counsel by Walter J Minett, Ronald E filed by Walter J Minett, Ronald E Wallace. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/12/2019)

09/16/2019 95 RULE 502(d) ORDER. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/16/2019)

09/30/2019 96 NOTICE OF HEARING on 66 SEALED MOTION Class Certification, Appoint Class Representatives, and Appoint Class Counsel. Motion Hearing set for 11/26/2019 at 10:00 AM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 09/30/2019)

10/07/2019 97 MOTION to Seal Lead Plaintiffs' Motion for Leave to File Reply in Support of Motion for Class Certification Under Seal by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Exhibit 1 - Redacted Version of Class Cert Reply Brief, # 2 Exhibit A - Redacted Version of Expert Rebuttal Report of Chad Coffman, # 3 Exhibit B - Redacted Version of Gompers Deposition Transcript, # 4 Exhibit C - Filed Under Seal, # 5 Exhibit D - Filed Under Seal, # 6 Exhibit E - Filed Under Seal, # 7 Exhibit F - Filed Under Seal, # 8 Exhibit G - Filed Under Seal) (Llorens, Ryan) (Entered: 10/07/2019)

10/07/2019 98 SEALED REPLY to Response re 66 Sealed Motion,,,,, Lead Plaintiffs' Reply in Support of Motion for Class Certification Under Seal by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits Declaration of Ryan A. Llorens and Index of Exhibits in Support of Lead Plaintiffs' Reply in Support of Motion for Class Certification, # 2 Exhibit A - Expert Rebuttal Report of Chad Coffman, # 3 Exhibit B -Gompers Deposition Transcript, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Llorens, Ryan) (Entered: 10/07/2019)

10/09/2019 TEXT-ONLY ORDER granting 97 MOTION to Seal Lead Plaintiffs' Motion for Leave to File Reply in Support of Motion for Class Certification Under Seal filed by Walter J Minett, Ronald E Wallace. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 10/09/2019)

10/21/2019 99 MOTION to Seal Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Defendants' Motion to Strike the Deposition Errata and Open the Deposition of Lead Plaintiff Ronald Wallace, # 2 REDACTED VERSION of Defendants' Memorandum of Law in Support of Motion to Strike Deposition Errata and Reopen Deposition of Lead Plaintiff Ronald Wallace, # 3 Declaration of

Adam Slutsky in Support of Defendants' Motion to Strike the Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K - UNDER SEAL, # 15 Exhibit L - UNDER SEAL, # 16 Exhibit M - UNDER SEAL, # 17 Exhibit N, # 18 Exhibit O - UNDER SEAL, # 19 Exhibit P - UNDER SEAL) (Birnbach, Deborah) (Entered: 10/21/2019)

10/21/2019 100 SEALED EXHIBIT Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace re 99 MOTION to Seal Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 UNREDACTED VERSION Defendants' Memorandum of Law in Support of Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace, # 2 Declaration of Adam Slutsky in Support of Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K - Unredacted to be sealed, # 14 Exhibit L - Unredacted to be sealed, # 15 Exhibit M - Unredacted to be sealed, # 16 Exhibit N, # 17 Exhibit O - Unredacted to be sealed, # 18 Exhibit P - Unredacted to be sealed) (Birnbach, Deborah) (Entered: 10/21/2019)

11/04/2019 101 MOTION to Seal 100 Sealed Exhibit,,,, 99 MOTION to Seal Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Exhibit Redacted Version of Opposition to Motion To Strike Deposition Errata and Re-Open the Deposition of Lead Plaintiff Ronald Wallace, # 2 Index of Exhibits and Declaration of Ramzi Abadou In Support, # 3 Exhibit A - Lead Plaintiffs' First Request for Production of Documents to Defendants, # 4 Exhibit B - REDACTED - Defendants' Letter Dated June 10, 2019, # 5 Exhibit C - REDACTED - Lead Plaintiffs' Letter of June 11, 2019, # 6 Exhibit D - Ronald Wallace's Responses and Objections to Defendants' Requests for Production, # 7 Exhibit E - Notice of Deposition, # 8 Exhibit F - Lead Plaintiffs' Letter of July 1, 2019, # 9 Exhibit G - Excerpt from Practice Guidelines of Hon. Arthur J. Tarnow, District Court Judge, # 10 Exhibit H - REDACTED - Condensed Deposition Transcript of Ronald Wallace, # 11 Exhibit I - REDACTED - Brokerage Statements Attached as Exhibit 7 to Wallace Deposition, # 12 Exhibit J - REDACTED - Four Letters Memorializing Discovery Dispute, # 13 Exhibit K - Giebel Errata (For Comparison), # 14 Exhibit L - Lanton Errata (For Comparison), # 15 Exhibit M - REDACTED - Errata of Ronald E. Wallace, # 16 Exhibit N - Cover Letters Accompanying Defendants' Document Productions) (Burns, Alexander) (Entered: 11/04/2019)

11/04/2019 102 SEALED MOTION Opposition to Defendants' Motion to Strike Deposition Errata and Re-Open Deposition of Lead Plaintiff Ronald Wallace and Stay Depositions re 100 Sealed Exhibit,,,, 101 MOTION to Seal 100 Sealed Exhibit,,,, 99 MOTION to Seal Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace , 99 MOTION to Seal Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Index of Exhibits and Declaration of Ramzi Abadou in Support, # 2 Exhibit A - Lead Plaintiffs' First

Request for Production of Documents to Defendants, # 3 Exhibit B - UNREDACTED - Defendants' Letter Dated June 10, 2019, # 4 Exhibit C - UNREDACTED - Lead Plaintiffs' Letter of June 11, 2019, # 5 Exhibit D - Ronald Wallace's Responses and Objections to Defendants' Requests for Production, # 6 Exhibit E - Notice of Deposition, # 7 Exhibit F - Lead Plaintiffs' Letter of July 1, 2019, # 8 Exhibit G - Excerpt from Practice Guidelines of Hon. Arthur J. Tarnow, District Court Judge, # 9 Exhibit H - UNREDACTED - Condensed Deposition Transcript of Ronald Wallace, # 10 Exhibit I - UNREDACTED - Brokerage Statements Attached as Exhibit 7 to Wallace Deposition, # 11 Exhibit J - UNREDACTED - Four Letters Memorializing Discovery Dispute, # 12 Exhibit K - Giebel Errata (For Comparison), # 13 Exhibit Lanton Errata (For Comparison), # 14 Exhibit M - UNREDACTED - Errata of Ronald E. Wallace, # 15 Exhibit N - Cover Letters Accompanying Defendants' Document Productions) (Burns, Alexander) (Entered: 11/04/2019)

11/12/2019 103 MOTION to Seal Reply Brief in Support of Defendants' Motion to Strike Deposition Errata and Re-Open the Deposition of Lead Plaintiff Ronald Wallace (Assented-to) by Esperion Therapeutics, Inc., Tim M Mayleben. (Attachments: # 1 Exhibit A - REDACTED VERSION of Reply Brief in Support of Defendants' Motion to Strike Deposition Errata and Re-Open the Deposition of Lead Plaintiff Ronald Wallace) (Birnbach, Deborah) (Entered: 11/12/2019)

11/12/2019 104 SEALED EXHIBIT UNREDACTED Reply Brief in Support of Defendants' Motion to Strike Deposition Errata and Re-Open the Deposition of Lead Plaintiff Ronald Wallace re 103 MOTION to Seal Reply Brief in Support of Defendants' Motion to Strike Deposition Errata and Re-Open the Deposition of Lead Plaintiff Ronald Wallace (Assented-to) by Esperion Therapeutics, Inc., Tim M Mayleben. (Birnbach, Deborah) (Entered: 11/12/2019)

11/18/2019 105 NOTICE of Appearance by Dennis A. Lienhardt on behalf of Kevin L Dougherty. (Lienhardt, Dennis) (Entered: 11/18/2019)

11/20/2019 106 SUPPLEMENTAL BRIEF re 66 SEALED MOTION Class Certification, Appoint Class Representatives, and Appoint Class Counsel re 65 MOTION to Seal for Leave to File Motion for Class Certification Under Seal by Walter J Minett, Ronald E, 98 Sealed Reply to Response to Motion,, Notice of Supplemental Authority In Further Support of Class Certification filed by Walter J Minett, Ronald E Wallace. (Attachments: # 1 Exhibit A - Roofer's Pension Fund v. Papa, 2019 U.S. Dist. LEXIS 197491 (D. N.J. Nov. 14, 2019)) (Abadou, Ramzi) (Entered: 11/20/2019)

11/25/2019 TEXT-ONLY ORDER granting 101 MOTION to Seal 100 Sealed Motion, granting 99 MOTION to Seal Defendants' Motion to Strike Deposition Errata and Reopen the Deposition of Lead Plaintiff Ronald Wallace, granting 103 MOTION to Seal Reply Brief in Support of Defendants' Motion to Strike Deposition Errata and Re-Open the Deposition of Lead Plaintiff Ronald Wallace. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/25/2019)

11/26/2019 Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Motion Hearing held on 11/26/2019 re 66 SEALED MOTION Class Certification, Appoint Class Representatives, and Appoint Class Counsel re 65 MOTION to Seal for Leave to File Motion for Class Certification Under Seal by Walter J Minett, Ronald E filed

by Walter J Minett, Ronald E Wallace Disposition: Motion taken under advisement (SOso) (Entered: 11/26/2019)

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