united states district court northern district of illinois...

US District Court Civil Docket as of March 27, 2013 Retrieved from the court on April 1, 2013

United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 5.1.1 (Chicago)

CIVIL DOCKET FOR CASE #: 1:10-cv-07031

Boca Raton Firefighters and Police Pension Fund v. DEVRY, Inc. et al Assigned to: Honorable John F. Grady Cause: 15:78m(a) Securities Exchange Act

Plaintiff

Date Filed: 11/01/2010 Date Terminated: 03/27/2013 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Boca Raton Firefighters and Police Pension Fund Individually and on Behalf of All Others Similarly Situated

represented by Chad Emerson Bell Wexler Wallace LLP 55 West Monroe Suite 3300 Chicago, IL 60603 (312) 346-2222 Email: [email protected] ATTORNEY TO BE NOTICED

David J. George Robbins Geller Rudman & Dowd Llp 120 E. Palmetto Park Road Suite 500 Boca Raton, FL 33432 (561) 750-3000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Kara Anne Elgersma Wexler Wallace LLP 55 West Monroe #3300 Chicago, IL 60603 312-346-2222 Email: [email protected] ATTORNEY TO BE NOTICED

Mark Richard Miller Wexler Wallace LLP 55 W. Monroe Street #3300

Chicago, IL 60603 (312)346-2222 Fax: 312-346-0022 Email: [email protected] ATTORNEY TO BE NOTICED

Robert J. Robbins Robbins Geller Rudman & Dowd LLP 120 E. Palmetto Park Road #500 Boca Raton, FL 33432 (561)750-3000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Kenneth A. Wexler Wexler Wallace LLP 55 West Monroe Suite 3300 Chicago, IL 60603 (312) 346-2222 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

DEVRY, Inc. represented by Alan Norris Salpeter Kaye Scholer LLP Three First National Plaza 70 West Madison Street Suite 4200 Chicago, IL 60602 (312) 583-2450 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth M. Bradshaw Winston & Strawn LLP 35 West Wacker Drive Chicago, IL 60601-9703 312 558 6231 Email: [email protected] TERMINATED: 05/31/2012

Robert McPherson Spalding Kaye Scholer LLP 70 West Madison

Suite 4100 Chicago, IL 60602 (312) 583-2300 Email: [email protected] ATTORNEY TO BE NOTICED

Therese King Nohos Kaye Scholer LLP Three First National Plaza 70 West Madison Street Suite 4200 Chicago, IL 60602 312-583-2453 Email: [email protected] TERMINATED: 09/05/2012

Vincent P. Schmeltz , III Barnes & Thornburg LLP One North Wacker Drive Suite 4400 Chicago, IL 60606 312 357 1313 TERMINATED: 07/14/2011

Defendant

Daniel Hamburger represented by Alan Norris Salpeter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth M. Bradshaw (See above for address) TERMINATED: 05/31/2012

Robert McPherson Spalding (See above for address) ATTORNEY TO BE NOTICED

Therese King Nohos (See above for address) TERMINATED: 09/05/2012

Vincent P. Schmeltz , III Barnes & Thornburg LLP One North Wacker Drive Suite 4400 Chicago, IL 60606 312 357 1313 Email: [email protected] TERMINATED: 07/14/2011

Defendant

David Pauldine represented by Alan Norris Salpeter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth M. Bradshaw (See above for address) ATTORNEY TO BE NOTICED


Vincent P. Schmeltz , III (See above for address) TERMINATED: 07/14/2011

Defendant

Richard M. Gunst represented by Alan Norris Salpeter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth M. Bradshaw (See above for address) TERMINATED: 05/31/2012

Robert McPherson Spalding (See above for address) ATTORNEY TO BE NOTICED


Vincent P. Schmeltz , III (See above for address) TERMINATED: 07/14/2011

Date Filed # Docket Text

11/01/2010 1 COMPLAINT Class Action Complaint for Violations of the Securities Law filed by Boca Raton Firefighters and Police Pension Fund; Y. Filing fee $ 350, receipt number 0752-5376336. (Attachments: # 1 Exhibit Certification of Named Plaintiff)(Wexler, Kenneth) (Entered: 11/01/2010)

11/01/2010

2 CIVIL Cover Sheet (Wexler, Kenneth) (Entered: 11/01/2010)

11/01/2010

CASE ASSIGNED to the Honorable Blanche M. Manning. Designated as Magistrate

Judge the Honorable Morton Denlow. (daj, ) (Entered: 11/01/2010)

11/01/2010

SUMMONS Issued as to Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine (emd, ) (Entered: 11/01/2010)

11/04/2010 3 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Grady for all further proceedings. Signed by Executive Committee on 11/4/2010. (ber, ) (Entered: 11/08/2010)

11/11/2010 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 5412448. (Attachments: # 1 Attorney Appearance Form)(George, David) (Entered: 11/11/2010)

11/11/2010 5 MOTION for Leave to Appear Pro Hac Vice (Attachments: # 1 Attorney Appearance Form)(Robbins, Robert) (Entered: 11/11/2010)

11/12/2010 6 ATTORNEY Appearance for Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine by Alan Norris Salpeter (Salpeter, Alan) (Entered: 11/12/2010)

11/12/2010 7 ATTORNEY Appearance for Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine by Vincent P. Schmeltz, III (Schmeltz, Vincent) (Entered: 11/12/2010)

11/12/2010 8 ATTORNEY Appearance for Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine by Therese King Nohos (Nohos, Therese) (Entered: 11/12/2010)

11/12/2010 9 ATTORNEY Appearance for Plaintiff Boca Raton Firefighters and Police Pension Fund by Chad Emerson Bell (Bell, Chad) (Entered: 11/12/2010)

11/12/2010 10 WAIVER OF SERVICE returned executed by Boca Raton Firefighters and Police Pension Fund. David Pauldine waiver sent on 11/5/2010, answer due 1/4/2011. (Wexler, Kenneth) (Entered: 11/12/2010)

11/12/2010

11/15/2010

11 STIPULATION Joint Scheduling Stipulation (Attachments: # 1 Exhibit A)(Wexler, Kenneth) (Entered: 11/12/2010)

12 SUMMONS Returned Executed by Boca Raton Firefighters and Police Pension Fund as to DEVRY, Inc. on 11/4/2010, answer due 11/25/2010. (George, David) (Entered: 11/15/2010)

11/15/2010 13 SUMMONS Returned Executed by Boca Raton Firefighters and Police Pension Fund as to Richard M. Gunst on 11/3/2010, answer due 11/24/2010. (George, David) (Entered: 11/15/2010)

11/15/2010 14 SUMMONS Returned Executed by Boca Raton Firefighters and Police Pension Fund as to Daniel Hamburger on 11/3/2010, answer due 11/24/2010. (George, David) (Entered: 11/15/2010)

11/15/2010

15 WAIVER OF SERVICE returned executed by Boca Raton Firefighters and Police Pension Fund. (George, David) (Entered: 11/15/2010)

11/16/2010

16 ATTORNEY Appearance for Plaintiff Boca Raton Firefighters and Police Pension Fund by Kara Anne Elgersma (Elgersma, Kara) (Entered: 11/16/2010)

11/18/2010 17 MINUTE entry before Honorable John F. Grady: Enter Order Regarding Joint Scheduling Stipulation. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 11/19/2010)

11/18/2010 18 ORDER Regarding Joint Scheduling Stipulation Signed by the Honorable John F. Grady on 11/18/2010. (ber, ) (Entered: 11/19/2010)

12/09/2010 19 PAYMENT by Boca Raton Firefighters and Police Pension Fund of Pro Hac Fee $ 50, receipt number 0752-5503543. (Robbins, Robert) (Entered: 12/09/2010)

12/15/2010 20 MINUTE entry before Honorable John F. Grady: David J. George's Motion for Leave to Appear Pro Hac Vice 4 is granted. Robert J. Robbins Motion for Leave to Appear Pro Hac Vice 5 is granted. Mailed notice (ber, ) (Entered: 12/15/2010)

01/03/2011 21 MOTION by Plaintiff Boca Raton Firefighters and Police Pension Fund to appoint counsel Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Wexler, Kenneth) (Entered: 01/03/2011)

01/03/2011 22 MEMORANDUM by Boca Raton Firefighters and Police Pension Fund in support of motion to appoint counsel, 21 Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel (Wexler, Kenneth) (Entered: 01/03/2011)

01/03/2011 23 Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel NOTICE of Motion by Kenneth A. Wexler for presentment of motion to appoint counsel, 21 before Honorable John F. Grady on 1/5/2011 at 11:00 AM. (Wexler, Kenneth) (Entered: 01/03/2011)

01/05/2011 24 MINUTE entry before Honorable John F. Grady: Motion hearing held. Boca Raton Firefighters' and Police Pension Fund's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of Lead and Liaison Counsel 21 is granted without objection. Status hearing is set for July 13, 2011 at 11:00 a.m. Order Regarding Joint Scheduling Stipulation shall stand. Mailed notice (ber, ) (Entered: 01/06/2011)

01/05/2011 25 MINUTE entry before Honorable John F. Grady: Enter Order Granting Boca Raton FireFighters' and Police Pension Fund's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and and Liaison Counsel. Mailed notice (ber, ) (Entered: 01/07/2011)

01/05/2011 26 ORDER Granting Boca Raton FireFighters' and Police Pension Fund's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel Signed by the Honorable John F. Grady on 1/5/2011. (ber, ) (Entered: 01/07/2011)

03/07/2011 27 CONSOLIDATED CLASS ACTION AMENDED complaint by Boca Raton Firefighters and Police Pension Fund against DEVRY, Inc., Richard M. Gunst, Daniel Hamburger (Attachments: # 1 Exhibit A - G, # 2 Exhibit H - N)(Elgersma, Kara) (Entered: 03/07/2011)

04/06/2011 28 TRANSCRIPT OF PROCEEDINGS held on January 5, 2011 before the Honorable John F. Grady. Court Reporter Contact Information: Carolyn Cox, 312-435-5639,

[email protected] .

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

Redaction Request due 4/27/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/5/2011. (Cox, Carolyn) (Entered: 04/06/2011)

05/02/2011 29 MOTION by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger for leave to file Defendants' Agreed Motion for Leave to File A Memorandum in Excess of 15 Pages (Schmeltz, Vincent) (Entered: 05/02/2011)

05/02/2011 30 NOTICE of Motion by Vincent P. Schmeltz, III for presentment of motion for leave to file 29 before Honorable John F. Grady on 5/4/2011 at 11:00 AM. (Schmeltz, Vincent) (Entered: 05/02/2011)

05/04/2011 31 MINUTE entry before Honorable John F. Grady: Motion hearing held. Defendants' agreed motion for leave to file a memorandum in excess of 15 pages 29 is granted. Defendants may file up to a 50 page memorandum in support of its motion to dismiss and the plaintiffs may file up to a 30 page reply. Mailed notice (ber, ) (Entered: 05/05/2011)

05/04/2011 32 MINUTE entry before Honorable John F. Grady: Amened minute order of 5/4/2011: Motion hearing held. Defendants' agreed motion for leave to file a memorandum in excess of 15 pages 29 is granted. Defendants may file a 50-page memorandum in support of its motion to dismiss; Plaintiffs may file a 50-page response and defendants may file a 30-page reply. Mailed notice (cdh, ) (Entered: 05/05/2011)

05/06/2011 33 MOTION by Defendants Daniel Hamburger, DEVRY, Inc., Richard M. Gunst to dismiss Defendants' Motion to Dismiss Amended Complaint (Salpeter, Alan) (Entered: 05/06/2011)

05/06/2011 34 MEMORANDUM by DEVRY, Inc., Richard M. Gunst, Daniel Hamburger in support of motion to dismiss 33 Defendants' Memorandum in Support of Their Motion to Dismiss Amended Complaint (Salpeter, Alan) (Entered: 05/06/2011)

05/06/2011 35 DECLARATION of Alan N. Salpeter regarding memorandum in support of motion 34 Declaration of Alan N. Salpeter in Support of Defendants' Motion to Dismiss Amended Complaint, and Ex. A (Attachments: # 1 Exhibit exs b - e, # 2 Exhibit ex f, # 3 Exhibit exs g - k, # 4 Exhibit exs l - n, # 5 Exhibit exs o - p)(Salpeter, Alan) (Entered: 05/06/2011)

05/16/2011 36 MOTION by Plaintiff Boca Raton Firefighters and Police Pension Fund to enforce I Page Limitation (Elgersma, Kara) (Entered: 05/16/2011)

05/16/2011 37 NOTICE of Motion by Kara Anne Elgersma for presentment of motion to enforce 36 before Honorable John F. Grady on 5/18/2011 at 11:00 AM. (Elgersma, Kara) (Entered: 05/16/2011)

05/16/2011

38 MINUTE entry before Honorable John F. Grady: Plaintiff's Motion to Enforce Page Limitation (36) is denied. After the parties have fully briefed defendants' motion to dismiss the court will give plaintiff an opportunity to respond in writing to any portion of Exhibit O the court intends to rely on in reaching its decision. The motion hearing scheduled for May 18, 2011 at 11:00 a.m. is stricken. No appearance is necessary. Mailed notice (cdh, ) (Entered: 05/16/2011)

05/25/2011 39 MINUTE entry before Honorable John F. Grady: Status hearing set for July 13, 2011 is stricken. Mailed notice (cdh, ) (Entered: 05/25/2011)

07/05/2011 40 RESPONSE by Boca Raton Firefighters and Police Pension Fundin Opposition to MOTION by Defendants Daniel Hamburger, DEVRY, Inc., Richard M. Gunst to dismiss Defendants' Motion to Dismiss Amended Complaint 33 (Elgersma, Kara) (Entered: 07/05/2011)

07/08/2011 41 MOTION by counsel for Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine to withdraw as attorney (Schmeltz, Vincent) (Entered: 07/08/2011)

07/08/2011 42 NOTICE of Motion by Vincent P. Schmeltz, III for presentment of motion to withdraw as attorney 41 before Honorable John F. Grady on 7/27/2011 at 11:00 AM. (Schmeltz, Vincent) (Entered: 07/08/2011)

07/14/2011 43 MINUTE entry before Honorable John F. Grady: Vincent Paul Schmeltz, III's motion to withdraw as counsel for defendants Devry Inc., Daniel Hamburger, Richard M. Gunst and David J. Pauldine 41 is granted. No appearance is necessary on July 27, 2011. Mailed notice (ber, ) (Entered: 07/15/2011)

07/25/2011 44 ATTORNEY Appearance for Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine by Elizabeth M. Bradshaw (Bradshaw, Elizabeth) (Entered: 07/25/2011)

08/04/2011 45 NOTICE by DEVRY, Inc., Richard M. Gunst, Daniel Hamburger Notice of Filing and Certificate of Service (Salpeter, Alan) (Entered: 08/04/2011)

08/04/2011 46 REPLY by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger Defendants' Reply Memorandum In Support of Their Motion to Dismiss Amended Complaint (Attachments: # 1 Declaration Alan N. Salpeter and Exhibits Q -R)(Salpeter, Alan) (Entered: 08/04/2011)

09/16/2011 47 MOTION by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger for leave to file Defendants' Motion for Leave to Submit Additional Authority Instanter (Attachments: # 1 Exhibit A)(Salpeter, Alan) (Entered: 09/16/2011)

09/16/2011 48 Defendants' Notice of Motion for Leave to Submit Additional Authority Instanter NOTICE of Motion by Alan Norris Salpeter for presentment of motion for leave to file 47 before Honorable John F. Grady on 9/21/2011 at 11:00 AM. (Salpeter, Alan) (Entered: 09/16/2011)

09/21/2011 49 MINUTE entry before Honorable John F. Grady: Motion hearing held. Defendants' motion for leave to submit additional authority instanter [ 47 ] is granted. Plaintiff may file a brief in response to the supplemental authority by October 12, 2011. Mailed notice (mb, ) (Entered: 09/26/2011)

10/12/2011 50 Defendants' Unopposed Second Motion for Leave to Submit Additional Authority Instanter by DEVRY, Inc., Richard M. Gunst, Daniel Hamburger (Attachments: # 1 Exhibit A)(Salpeter, Alan) (Entered: 10/12/2011)

10/12/2011 51 NOTICE of Motion by Alan Norris Salpeter for presentment of before Honorable John F. Grady on 10/19/2011 at 11:00 AM. (Salpeter, Alan) (Entered: 10/12/2011)

10/12/2011 52 RESPONSE by Plaintiff Boca Raton Firefighters and Police Pension Fund to

I Defendants' Submission of Supplemental Authority (Attachments: # 1 Exhibit A)(Elgersma, Kara) (Entered: 10/12/2011)

10/17/2011 53 MINUTE entry before Honorable John F. Grady: Defendants' unopposed second motion for leave to submit additional authority instanter 50 is granted. No appearance is necessary on October 19, 2011. Mailed notice (cdh, ) (Entered: 10/17/2011)

11/22/2011 54 MOTION by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger for leave to file Additional Authority Instanter (Attachments: # 1 Exhibit A)(Salpeter,

I Alan) (Entered: 11/22/2011)

11/22/2011 55 NOTICE of Motion by Alan Norris Salpeter for presentment of motion for leave to file 54 before Honorable John F. Grady on 11/30/2011 at 11:00 AM. (Salpeter, Alan) (Entered: 11/22/2011)

11/29/2011 56 MINUTE entry before Honorable John F. Grady: Defendants' motion for leave to file additional authority 54 is granted. Plaintiff may have until December 7, 2011 to file a brief addressing the substantive arguments raised in the defendants' motion. No appearance is necessary on November 30, 2011. Mailed notice (cdh, ) (Entered: 11/29/2011)

12/07/2011 57 RESPONSE by Plaintiff Boca Raton Firefighters and Police Pension Fund to Defendants' Motion for Leave to File Supplemental Authority (Elgersma, Kara) (Entered: 12/07/2011)

01/03/2012 58 MOTION by Defendants DEVRY, Inc., Richard M. Gunst, Daniel HamburgerDefendants' Motion for Leave to Submit Additional Authority Instanter (Attachments: # 1 Exhibit A)(Salpeter, Alan) (Entered: 01/03/2012)

01/03/2012 59 Defendants' Notice of Motion for Leave to Submit Additional Authority Instanter NOTICE of Motion by Alan Norris Salpeter for presentment of motion for miscellaneous relief 58 before Honorable John F. Grady on 1/11/2012 at 11:00 AM. (Salpeter, Alan) (Entered: 01/03/2012)

01/04/2012 60 MOTION by Defendants DEVRY, Inc., Richard M. Gunst, Daniel HamburgerDefendants' Motion for Leave to Submit Additional Authority Instanter (Attachments: # 1 Exhibit A)(Salpeter, Alan) (Entered: 01/04/2012)

01/04/2012 61 Defendants' Notice of Motion for Leave to Submit Additional Authority Instanter NOTICE of Motion by Alan Norris Salpeter for presentment of motion for miscellaneous relief 60 before Honorable John F. Grady on 1/11/2012 at 11:00 AM. (Salpeter, Alan) (Entered: 01/04/2012)

01/10/2012 62 MINUTE entry before Honorable John F. Grady: Defendants' motion for leave to submit additional authority instanter 58 is granted without objection. Defendants' motion for leave to submit additional authority instanter 60 is granted, and plaintiff

may file a two-page brief addressing defendants' arguments in the motion 60 by January 17, 2012. No appearance is necessary on January 11, 2012. Mailed notice (cdh, ) (Entered: 01/10/2012)

01/13/2012 63 RESPONSE by Plaintiff Boca Raton Firefighters and Police Pension Fund Plaintiff's Response to Defendants Motion For Leave to Submit Additional Authority Instanter (Elgersma, Kara) (Entered: 01/13/2012)

02/07/2012 64 MOTION by Defendants DE\TRY, Inc., Richard M. Gunst, Daniel Hamburger for leave to file Additional Authority Instanter (Attachments: # 1 Exhibit A)(Salpeter, Alan) (Entered: 02/07/2012)


02/09/2012 66 MINUTE entry before Honorable John F. Grady: Defendants' motion for leave to file additional authority instanter 64 is granted. No appearance is necessary on February 15, 2012. Mailed notice (cdh, ) (Entered: 02/09/2012)

03/21/2012 67 MOTION by Defendants DE\TRY, Inc., Richard M. Gunst, Daniel Hamburger for leave to file Defendants' Motion for Leave to Submit Additional Authority Instanter (Attachments: # 1 Exhibit A)(Salpeter, Alan) (Entered: 03/21/2012)


03/23/2012

03/27/2012

03/27/2012

05/04/2012

05/04/2012

69 MINUTE entry before Honorable John F. Grady: The defendants' motion for leave to submit additional authority (67) is granted. The motion hearing scheduled for March 28, 2012 is stricken. No appearance is necessary on that date. Mailed notice (cdh, ) (Entered: 03/23/2012)

70 MINUTE entry before Honorable John F. Grady: Defendants' motion to dismiss plaintiff's complaint 33 is granted. Plaintiff is given leave to file a second amended complaint by May 4, 2012 that cures the deficiencies we have identified with its claims, if it can doso. If plaintiff chooses not to file a second amended complaint by that date, we will dismiss this case with prejudice. A status hearing is set for May 16, 2012 at 11:00 a.m. ENTER MEMORANDUM OPINION. Mailed notice (cdh, ) (Entered: 03/27/2012)

71 MEMORANDUM Opinion Signed by the Honorable John F. Grady on March 27, 2012. Mailed notice(cdh, ) (Entered: 03/27/2012)

72 AMENDED Consolidated Class Action Complaint for Violations of the Federal Securities Laws AMENDED complaint by Boca Raton Firefighters and Police Pension Fund against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Elgersma, Kara) (Entered: 05/04/2012)

73 CERTIFICATE of Service by Kara Anne Elgersma on behalf of Boca Raton Firefighters and Police Pension Fund (Elgersma, Kara) (Entered: 05/04/2012)

05/10/2012 74 MOTION by Plaintiff Boca Raton Firefighters and Police Pension Fund to set a briefing schedule Joint Motion for Entry of Agreed Schedule (Elgersma, Kara) (Entered: 05/10/2012)

05/10/2012 75 NOTICE of Motion by Kara Anne Elgersma for presentment of motion by filer to set a briefing schedule 74 before Honorable John F. Grady on 5/16/2012 at 11:00 AM. (Elgersma, Kara) (Entered: 05/10/2012)

05/14/2012 76 MINUTE entry before Honorable John F. Grady: The joint motion for entry of agreed schedule 74 is granted. The defendants may file a motion to dismiss by July 10, 2012, plaintiff may file a response by September 11, 2012, and the defendants may file a reply by October 10, 2012. The status hearing set for May 16, 2012 is canceled. Mailed notice (cdh, ) (Entered: 05/14/2012)

05/17/2012

77 NOTICE by Therese King Nohos of Change of Address (Nohos, Therese) (Entered: 05/17/2012)

05/17/2012

78 NOTICE by Alan Norris Salpeter of Change of Address (Salpeter, Alan) (Entered: 05/17/2012)

05/31/2012 79 MOTION by counsel for Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger to withdraw as attorney (Agreed) (Bradshaw, Elizabeth) (Entered: 05/31/2012)

05/31/2012 80 NOTICE of Motion by Elizabeth M. Bradshaw for presentment of motion to withdraw as attorney 79 before Honorable John F. Grady on 6/6/2012 at 11:00 AM. (Bradshaw, Elizabeth) (Entered: 05/31/2012)

05/31/2012 81 MINUTE entry before Honorable John F. Grady: The agreed motion to withdraw as counsel for the defendants Devry Inc., Daniel Hamburger and Richard M. Gunst 79 is granted. No appearance in required on June 6, 2012. Mailed notice (tg, ) (Entered: 06/01/2012)

07/10/2012

82 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DEVRY, Inc. (Nohos, Therese) (Entered: 07/10/2012)

07/10/2012

83 MOTION by Defendants Daniel Hamburger, DEVRY, Inc., Richard M. Gunst to dismiss DEFENDANTS' MOTION TO STRIKE IMMATERIAL ALLEGATIONS FROM AND TO DISMISS THE SECOND AMENDED COMPLAINT (Salpeter, Alan) (Entered: 07/10/2012)

07/10/2012

07/10/2012

84 MEMORANDUM by DEVRY, Inc., Richard M. Gunst, Daniel Hamburger in support of motion to dismiss 83 DEFENDANTS' MEMORANDUM IN SUPPORT OF THEIR MOTION TO STRIKE IMMATERIAL ALLEGATIONS FROM AND TO DISMISS THE SECOND AMENDED COMPLAINT (Salpeter, Alan) (Entered: 07/10/2012)

85 DECLARATION of Alan N. Salpeter regarding motion to dismiss 83 DECLARATION OF ALAN N. SALPETER IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE IMMATERIAL ALLEGATIONS FROM AND TO DISMISS THE SECOND AMENDED COMPLAINT (Attachments: # 1 Index to Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit

X)(Salpeter, Alan) (Entered: 07/10/2012)

07/11/2012 86 EXHIBIT by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger regarding memorandum in support of motion, 84 (Salpeter, Alan) (Entered: 07/11/2012)

08/28/2012 87 MOTION by Plaintiff Boca Raton Firefighters and Police Pension Fund for leave to file Lead Plaintiff's Motion for Leave to File Second Amended Class Action Complaint for Securities Fraud and Memorandum of Law In Support Thereof (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Elgersma, Kara) (Entered: 08/28/2012)

08/28/2012 88 NOTICE of Motion by Kara Anne Elgersma for presentment of motion for leave to file, 87 before Honorable John F. Grady on 9/5/2012 at 11:00 AM. (Elgersma, Kara) (Entered: 08/28/2012)

08/30/2012

89 ATTORNEY Appearance for Plaintiff Boca Raton Firefighters and Police Pension Fund by Mark Richard Miller (Miller, Mark) (Entered: 08/30/2012)

08/30/2012

90 MOTION by counsel for Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger to withdraw as attorney (Nohos, Therese) (Entered: 08/30/2012)

08/30/2012 91 NOTICE of Motion by Therese King Nohos for presentment of motion to withdraw as attorney 90 before Honorable John F. Grady on 9/5/2012 at 11:00 AM. (Nohos, Therese) (Entered: 08/30/2012)

09/04/2012

09/04/2012

09/04/2012

09/05/2012

09/21/2012

92 RESPONSE by DEVRY, Inc., Richard M. Gunst, Daniel Hamburgerin Opposition to MOTION by Plaintiff Boca Raton Firefighters and Police Pension Fund for leave to file Lead Plaintiff's Motion for Leave to File Second Amended Class Action Complaint for Securities Fraud and Memorandum of Law In Support Thereof 87 DEFENDANTS' OPPOSITION TO LEAD PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (Salpeter, Alan) (Entered: 09/04/2012)

93 NOTICE by DEVRY, Inc., Richard M. Gunst, Daniel Hamburger re response in opposition to motion, 92 (Salpeter, Alan) (Entered: 09/04/2012)

94 ATTORNEY Appearance for Defendants DEVRY, Inc., Richard M. Gunst, Daniel

I Hamburger by Robert McPherson Spalding (Spalding, Robert) (Entered: 09/04/2012)

95 MINUTE entry before Honorable John F. Grady: Motion hearing held. The plaintiff is given leave to file an amendment to the second amended complaint by September 21, 2012. The plaintiff's time to respond to the pending motion to dismiss is extended to September 21, 2012, and the defendants may reply by October 19, 2012. The motion of Therese King Nohos to withdraw her appearance for the defendants [ 90 ] is granted. Mailed notice (mb, ) (Entered: 09/06/2012)

96 AMENDED amended complaint, 72 Amendment to the Amended Class Action I Complaint (Attachments: # 1 Exhibit 1)(Elgersma, Kara) (Entered: 09/21/2012)

09/21/2012 97 MEMORANDUM by Boca Raton Firefighters and Police Pension Fund in Opposition to motion to dismiss 83 Plaintiffs' Opposition to Defendants Motion to Strike and to Dismiss Amended Complaint (Elgersma, Kara) (Entered: 09/21/2012)

09/24/2012 98 TRANSCRIPT OF PROCEEDINGS held on 9/5/2012 before the Honorable John F. Grady. Court Reporter Contact Information: Laura Renke, CSR, RDR, CRR, Contract

Court Reporter, 708.447.0905.

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Redaction Request due 10/15/2012. Redacted Transcript Deadline set for 10/25/2012. Release of Transcript Restriction set for 12/24/2012. (td, ) (Entered: 09/24/2012)

10/16/2012 99 MOTION by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine for extension of time to file response/reply as to memorandum in opposition to motion 97 , motion to dismiss 83 AGREED MOTION FOR A ONE-WEEK EXTENSION OF TIME (Salpeter, Alan) (Entered: 10/16/2012)

10/17/2012 100 MINUTE entry before Honorable John F. Grady: The DeVry defendants' agreed motion for an extension of time until October 26, 2012, to file their reply brief in support of their motion to dismiss the second amended complaint 99 is granted. Mailed notice (cdh, ) (Entered: 10/17/2012)

10/26/2012 101 REPLY by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine to motion to dismiss 83 Defendants' Reply Memorandum In Further Support Of Their Motion To Strike Immaterial Allegations From And To Dismiss The Second Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Salpeter, Alan) (Entered: 10/26/2012)

10/26/2012 102 NOTICE by DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine re reply, 101 (Salpeter, Alan) (Entered: 10/26/2012)

10/31/2012 103 MOTION by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine to clarify DeVry's Motion To Clarify A Statement In Its October 26, 2012 Reply Memorandum (Attachments: # 1 Exhibit A)(Salpeter, Alan) (Entered: 10/31/2012)

10/31/2012 104 NOTICE of Motion by Alan Norris Salpeter for presentment of motion to clarify 103 before Honorable John F. Grady on 11/7/2012 at 11:00 AM. (Salpeter, Alan) (Entered: 10/31/2012)

11/02/2012 105 MINUTE entry before Honorable John F. Grady: The unopposed motion of defendant DeVry to clarify a statement in its October 26, 2012 reply memorandum 103 is granted. No appearance is required on November 7, 2012. Mailed notice (cdh, ) (Entered: 11/02/2012)

11/02/2012 106 REPLY by Defendants DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine to motion to dismiss 83 Defendants' Revised Reply Memorandum In Further Support Of Their Motion To Strike Immaterial Allegations From And To Dismiss The Second Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Salpeter, Alan) (Entered: 11/02/2012)

11/02/2012 107 NOTICE by DEVRY, Inc., Richard M. Gunst, Daniel Hamburger, David Pauldine re reply, 106 (Salpeter, Alan) (Entered: 11/02/2012)

01/09/2013 108 WITHDRAWING Chad Emerson Bell as counsel for Plaintiff Boca Raton Firefighters and Police Pension Fund and substituting Mark Richard Miller as counsel of record (Miller, Mark) (Entered: 01/09/2013)

03/27/2013 109 MINUTE entry before Honorable John F. Grady: The defendants' motion to dismiss and to strike 83 is granted in part and denied in part. The motion to strike is denied. The motion to dismiss is granted. The plaintiffs' Second Amended Complaint is dismissed with prejudice. The plaintiffs shall file a memorandum addressing the defendants' request for sanctions by April 26, 2013. The defendants shall respond to the plaintiffs' memorandum by May 17, 2013. The court will then take the matter under advisement. It has come to the court's attention that Boca Raton's motion to amend its complaint 87 appears as pending on the docket in this case. That motion was effectively granted by our order dated September 5, 2012 95 . Enter Memorandum Opinion. Enter Judgment Order. Civil case terminated. (For Further Details See Separate Orders.) Mailed notice (meg, ) (Entered: 03/28/2013)

03/27/2013 110 MEMORANDUM Opinion. Signed by the Honorable John F. Grady on 3/27/2013. Mailed notice(meg, ) (Entered: 03/28/2013)

03/27/2013 111 ENTERED JUDGMENT. Signed by the Honorable John F. Grady on 3/27/2013. Mailed notice(meg, ) (Entered: 03/28/2013)

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