u.s. district court southern district of new york...

US District Court Civil Docket as of March 13, 2013 Retrieved from the court on March 15, 2013

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:11-cv-01288-JSR

Rubenstein v. Oilsands Quest Inc. et al Date Filed: 02/24/2011 Assigned to: Judge Jed S. Rakoff Jury Demand: Plaintiff Cause: 15:78m(a) Securities Exchange Act Nature of Suit: 850

Securities/Commodities Jurisdiction: Federal Question

Plaintiff

Mark Rubenstein Individually and on behalf of all others similarly situated

represented by David R. Scott Scott & Scott, LLC(CT) 500 Fifth Avenue 40th floor New York, NY 10110 212-223-6444 Fax: 212-223-6334 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amanda F. Lawrence Scott & Scott, LLC(CT) 156 South Main Street P.O.Box 192 Colchester, CT 06415 (860) 537-5537 Fax: (860) 537-4432 Email: [email protected] ATTORNEY TO BE NOTICED

Beth Ann Kaswan Scott + Scott, L.L.P.( NYC) 405 Lexington Avenue 40th Floor New York, NY 10174 (212) 223-6444 Fax: (212) 223-6334 Email: [email protected] ATTORNEY TO BE NOTICED

Joseph Peter Guglielmo Scott + Scott, L.L.P.( NYC)

405 Lexington Avenue 40th Floor New York, NY 10174 (212) 223-6444 Fax: (212) 223-6334 Email: [email protected] ATTORNEY TO BE NOTICED

Mary Katherine Blasy Scott Scott LLP 707 Broadway Suite 1000 San Diego, CA 92101 619-233-4565 Fax: 619-233-0508 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

St. Lucie County Fire District Firefighter's Pension Trust Fund individually and on behalf of all others similarly situated

represented by David R. Scott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amanda F. Lawrence (See above for address) ATTORNEY TO BE NOTICED

Beth Ann Kaswan (See above for address) ATTORNEY TO BE NOTICED

Judith S. Scolnick Scott Scott, L.L.P.( NYC) 500 Fifth Avenue 40th Floor New York, NY 10110 (212)-223-6444 Fax: (212)-223-6334 Email: [email protected] ATTORNEY TO BE NOTICED

Thomas Livezey Laughlin , IV Scott + Scott, L.L.P.( NYC) 405 Lexington Avenue 40th Floor New York, NY 10174 (212) 558-4806 Fax: (212) 558-3358 Email: [email protected]

ATTORNEY TO BE NOTICED

Plaintiff

Marshalll W. Collins individually and on behalf of all others simiarly situated




Judith S. Scolnick (See above for address) ATTORNEY TO BE NOTICED

Thomas Livezey Laughlin , IV (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Gary Dannenberg individually and on behalf of all others similarly situated






Plaintiff

Theodore Koler represented by David R. Scott (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED





Plaintiff

Simon Salo represented by David R. Scott individually and on behalf of all others

(See above for address)

simiarly situated

LEAD ATTORNEY ATTORNEY TO BE NOTICED





Plaintiff

Elmer Walker represented by David R. Scott Individually and on behalf of all others

(See above for address)

similarly situated

LEAD ATTORNEY ATTORNEY TO BE NOTICED





V.

Movant

Oilsands Quest Lead Plaintiff Group represented by Amanda F. Lawrence (See above for address) ATTORNEY TO BE NOTICED


V.

Defendant

Oilsands Quest Inc. represented by Andrew Garry Gordon formerly known as

Paul, Weiss, Rifkind, Wharton & Garrison Canwest Petroleum Corporation

LLP 1285 Avenue of the Americas New York, NY 10019 212-373-3553 Fax: 212-373-2037 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Moses Silverman Paul, Weiss, Rifkind, Wharton & Garrison

LLP (NY) 1285 Avenue of the Americas New York, NY 10019 212.373.3355 Fax: 212.492.0355 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robyn F. Tarnofsky

Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212)-373-3090 Fax: (212)-373-2359 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Joseph Beha , II Morrison & Foerster LLP (NYC) 1290 Avenue of the Americas New York, NY 10104 (212) 468-8000 Fax: (212)-469-7900 Email: [email protected] TERMINATED: 03/13/2013

Defendant

Christopher H. Hopkins represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Moses Silverman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robyn F. Tarnofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Joseph Beha , II (See above for address) TERMINATED: 03/13/2013

Defendant

Garth Wong represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

Karim Hirji

represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

Ronald Phillips represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

Thomas Milne represented by Jennifer M. Osgood Burns Figa & Will PC 6400 Fiddler's Green Circle, Suite 1000 Greenwood Village, CO 80111 (303)-796-2626 Fax: (303)-796-2777 Email: [email protected] LEAD ATTORNEY PRO HAC VICE

Sara Cantrick Van Deusen Burns, Figa & Will, P.C. 6400 S. Fiddler's Green Circle, Suite 1000 Greenwood Village, CO 80111 (303)-796-2626 Fax: (303)-796-2777 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Gordan Tallman represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

William Scott Thompson represented by Jennifer M. Osgood (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Sara Cantrick Van Deusen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Trevor A. Crow Burns Figa & Will PC 6400 Fiddler's Green Circle, Suite 10000 Greenwood Village, CO 801111 (303)-796-2626 Fax: (303)-796-2777 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Pamela Wallin represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

John Read represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




represented by Robert Stuart Plotkin McGuire Woods LLP 1345 Avenue of the Americas 7th Floor New York, NY 10105 (212)-548-7098 Fax: (212)-548-2150 Email: [email protected] LEAD ATTORNEY

represented by Matthew Terrence McLaughlin Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212)-307-5500 Fax: (212)-307-5598 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Flagg Brin Diamond Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 212-307-5500 Fax: 212-307-5598 Email: [email protected] ATTORNEY TO BE NOTICED

David Neil Cinotti Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212) 370-6279 Fax: (212) 370-5598 Email: [email protected] ATTORNEY TO BE NOTICED

Edmund M. O'Toole Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212)-307-5500 Fax: (212)-307-5598 Email: [email protected] ATTORNEY TO BE NOTICED

Julia Lucia Davis

Defendant

TD Securities, Inc. TERMINATED: 09/16/2011

Defendant

McDaniels & Associates Consultants Ltd.

Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 (212)-370-6271 Fax: (212)-307-5598 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

T. Murray Wilson represented by Andrew Garry Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Bankruptcy Movant

Ernst & Young Inc. represented by Ken Coleman Allen & Overy, LLP 1221 Avenue of the Americas New York, NY 10020 (212) 610-6300 Fax: (212) 610-6399 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/24/2011 1 COMPLAINT against Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Filing Fee $ 350.00, Receipt Number 930269)Document filed by Mark Rubenstein.(ama) (Entered: 02/24/2011)

02/24/2011 SUMMONS ISSUED as to Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Entered: 02/24/2011)

02/24/2011 Magistrate Judge Kevin Nathaniel Fox is so designated. (ama) (Entered: 02/24/2011)

02/24/2011

02/24/2011

02/24/2011

03/14/2011

Case Designated ECF. (ama) (Entered: 02/24/2011)

2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mark Rubenstein.(ama) (Entered: 02/24/2011)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney David R. Scott to RE-FILE Document 1 Complaint. (Note: Please rescan complaint Pdf error cannot be viewed) (ama) (Entered: 02/24/2011)

3 AFFIDAVIT OF SERVICE. Oilsands Quest Inc. served on 2/25/2011, answer due 3/18/2011. Service was accepted by Dean Richardson, Authorized Agent for Service. Document filed by Mark Rubenstein. (Scott, David) (Entered: 03/14/2011)

03/14/2011 4 AFFIDAVIT OF SERVICE. T. Murray Wilson served on 2/25/2011, answer due 3/18/2011. Service was accepted by Dean Richardson, Authorized Agent for Service. Document filed by Mark Rubenstein. (Scott, David) (Entered: 03/14/2011)

03/14/2011 5 AFFIDAVIT OF SERVICE. Garth Wong served on 2/25/2011, answer due 3/18/2011. Service was accepted by Dean Richardson, Authorized Agent for Service. Document filed by Mark Rubenstein. (Scott, David) (Entered: 03/14/2011)

03/14/2011

03/16/2011

04/04/2011

04/05/2011

6 NOTICE OF COURT CONFERENCE Case Management Conference set for 4/12/2011 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 3/14/11) (cd) (Entered: 03/15/2011)

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/16/2011. (mro) (Entered: 03/18/2011)

8 MOTION for Mary K. Blasy to Appear Pro Hac Vice. Document filed by Mark Rubenstein.(mbe) (Entered: 04/06/2011)

7 NOTICE of Civil Case Management Plan. Document filed by Mark Rubenstein. I (Blasy, Mary) (Entered: 04/05/2011)

04/11/2011 9 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 8 Motion for Mary K. Blasy to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/11/2011) (jpo) (Entered: 04/11/2011)

04/11/2011 10 NOTICE OF APPEARANCE by Robyn F. Tarnofsky on behalf of Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., Mark Rubenstein, T. Murray Wilson, Garth Wong (Tarnofsky, Robyn) (Entered: 04/11/2011)

04/11/2011 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Oilsands Quest Inc..(Tarnofsky, Robyn) (Entered: 04/11/2011)

04/11/2011 12 NOTICE OF APPEARANCE by Andrew Garry Gordon on behalf of Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., Mark Rubenstein, T. Murray Wilson, Garth Wong (Gordon, Andrew) (Entered: 04/11/2011)

04/11/2011 13 NOTICE OF APPEARANCE by James Joseph Beha, II on behalf of Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong (Beha, James) (Entered: 04/11/2011)

04/12/2011 Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial

Conference held on 4/12/2011. (mbe) (Entered: 04/25/2011)

04/12/2011 Set Deadlines/Hearings: Argument set for 5/3/2011 at 05:00 PM before Judge Jed S. Rakoff. Argument set for 7/5/2011 at 05:00 PM before Judge Jed S. Rakoff. (mbe) (Entered: 04/25/2011)

04/13/2011 CASHIERS OFFICE REMARK on 8 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/22/2011, Receipt Number 932903. (jd) (Entered: 04/13/2011)

04/19/2011 14 ORDER: Motions to be appointed lead plaintiff are due by April 25, 2011. A hearing on such motions, if necessary, will be held at 5 p.m. on May 3, 2011, with a decision to follow by May 9, 2011. Thereafter, the appointed lead plaintiff may file an amended consolidated complaint by no later than May 23, 2011, in response to which defendants must move or answer by no later than June 6, 2011. Plaintiff's opposition to any motion must be filed by no later than June 20, 2011, defendants' reply thereto must be filed by no later than June 27, 2011, and the Court will hear oral argument on any motion at 4 p.m. on July 5, 2011. (Signed by Judge Jed S. Rakoff on 4/12/2011) (jpo) (Entered: 04/19/2011)

04/19/2011 Set/Reset Deadlines as to Motion Hearing set for 5/3/2011 at 05:00 PM before Judge Jed S. Rakoff. (jpo) (Entered: 04/19/2011)

04/20/2011 15 WAIVER OF SERVICE RETURNED EXECUTED. Karim Hirji waiver sent on 3/16/2011, answer due 5/16/2011. Document filed by Mark Rubenstein. (Blasy, Mary) (Entered: 04/20/2011)

04/20/2011 16 WAIVER OF SERVICE RETURNED EXECUTED. Christopher H. Hopkins waiver sent on 3/16/2011, answer due 5/16/2011. Document filed by Mark Rubenstein. (Blasy, Mary) (Entered: 04/20/2011)

04/25/2011 17 MOTION to Appoint St. Lucie County Fire District Firefighters' Pension Trust Fund, Simon Salo, Marshall Collins, Theodore Koler, Elmer Walker and Gary Dannenberg to serve as lead plaintiff(s)., MOTION to Appoint Counsel Scott+Scott LLP as Lead Counsel. Document filed by Mark Rubenstein. (Attachments: # 1 Text of Proposed Order)(Blasy, Mary) (Entered: 04/25/2011)

04/25/2011 18 MEMORANDUM OF LAW in Support re: 17 MOTION to Appoint St. Lucie County Fire District Firefighters' Pension Trust Fund, Simon Salo, Marshall Collins, Theodore Koler, Elmer Walker and Gary Dannenberg to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott+Scott LLP as Lead Counsel . MOTION to Appoint St. Lucie County Fire District Firefighters' Pension Trust Fund, Simon Salo, Marshall Collins, Theodore Koler, Elmer Walker and Gary Dannenberg to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott+Scott LLP as Lead Counsel .. Document filed by Mark Rubenstein. (Blasy, Mary) (Entered: 04/25/2011)

04/25/2011 19 DECLARATION of Mary K. Blasy in Support re: 17 MOTION to Appoint St. Lucie County Fire District Firefighters' Pension Trust Fund, Simon Salo, Marshall Collins, Theodore Koler, Elmer Walker and Gary Dannenberg to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott+Scott LLP as Lead Counsel . MOTION to Appoint St. Lucie County Fire District Firefighters' Pension Trust Fund, Simon Salo, Marshall Collins, Theodore Koler, Elmer Walker and Gary Dannenberg to serve as lead plaintiff(s). MOTION to Appoint Counsel Scott+Scott LLP as Lead Counsel .. Document filed by Mark Rubenstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Blasy, Mary) (Entered: 04/25/2011)

05/10/2011

05/11/2011

05/23/2011

05/23/2011

05/31/2011

06/02/2011

06/02/2011

20 NOTICE OF APPEARANCE by Beth Ann Kaswan on behalf of Oilsands Quest Lead

I Plaintiff Group (Kaswan, Beth) (Entered: 05/10/2011)

Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference held on 5/11/2011. (jfe) (Entered: 05/13/2011)

21 ORDER: Pending before the Court is the motion of St. Lucie County Fire District Firefighters' Pension Trust Fund, Simon Salol Marshall Collins, Theodore Koler, Elmer Walker, and Gary Dannenberg (collectively, the "St. Lucie Group") to be appointed lead plaintiffs in the above captioned putative securities class action. After careful consideration of the parties' submissions, the Court hereby grants the motion and appoints the St. Lucie Group as lead plaintiffs. The St. Lucie Group is reminded that an amended consolidated complaint in this action must be filed by no later than May 27, 2011, in response to which defendants must move or answer by no later than June 6, 2011. See tr. 5/11/2011.. (Signed by Judge Jed S. Rakoff on 5/23/2011) (jfe) (Entered: 05/23/2011)

Set/Reset Deadlines: Amended Pleadings due by 5/27/2011. Responses due by 6/6/2011 (jfe) (Entered: 05/23/2011)

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/31/2011. (djc) (Entered: 06/07/2011)

22 AMENDED COMPLAINT amending 1 Complaint against Karim Hirji, Christopher H. Hopkins, Thomas Milne, Oilsands Quest Inc., Ronald Phillips, John Read, TD Securities, Inc., Gordan Tallman, William Scott Thompson, Pamela Wallen, T. Murray Wilson, Garth Wong with JURY DEMAND.Document filed by Theodore Koler, Simon Salo, Mark Rubenstein, Marshalll W. Collins, Elmer Walker, St. Lucie County Fire District Firefighter's Pension Trust Fund, Gary Dannenberg. Related document: 1 Complaint filed by Mark Rubenstein. (Attachments: # 1 Exhibit)(mbe) (Entered: 06/06/2011)

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/2/2011. (ft) (Entered: 06/07/2011)

06/06/2011 23 MOTION to Dismiss the Amended Complaint . Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong.(Tarnofsky, Robyn) (Entered: 06/06/2011)

06/06/2011

06/06/2011

24 DECLARATION in Support re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 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, # 26 Exhibit Y, # 27 Exhibit Z part 1, # 28 Exhibit Z part 2, # 29 Exhibit AA)(Tarnofsky, Robyn) (Entered: 06/06/2011)

25 MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss the Amended

Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5)(Tarnofsky, Robyn) (Entered: 06/06/2011)

06/07/2011

06/07/2011

06/13/2011

26 TRANSCRIPT of Proceedings re: Conference held on 5/11/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 7/1/2011. Redacted Transcript Deadline set for 7/11/2011. Release of Transcript Restriction set for 9/8/2011.(McGuirk, Kelly) (Entered: 06/07/2011)

27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/11/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/07/2011)

28 NOTICE OF APPEARANCE by Amanda F. Lawrence on behalf of Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Oilsands Quest Lead Plaintiff Group, Mark Rubenstein, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker (Lawrence, Amanda) (Entered: 06/13/2011)

06/20/2011 29 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Kaswan, Beth) (Entered: 06/20/2011)

06/20/2011 30 DECLARATION of Mary K. Blasy in Opposition re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (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)(Kaswan, Beth) (Entered: 06/20/2011)

06/22/2011 31 SUMMONS RETURNED EXECUTED. Ronald Phillips served on 6/9/2011, answer due 6/30/2011. Service was accepted by Mrs. Phillips, wife/co-occupant. Document filed by Oilsands Quest Lead Plaintiff Group. (Kaswan, Beth) (Entered: 06/22/2011)

06/22/2011

06/24/2011

32 FILING ERROR- DEFICIENT DOCKET ENTRY - SUMMONS RETURNED EXECUTED. William Scott Thompson served on 6/8/2011, answer due 6/29/2011. Service was accepted by Mrs. Thompson, wife/co-occupant. Document filed by Oilsands Quest Lead Plaintiff Group. (Kaswan, Beth) Modified on 6/28/2011 (db). (Entered: 06/22/2011)

33 WAIVER OF SERVICE RETURNED EXECUTED. TD Securities, Inc. waiver sent on 6/17/2011, answer due 8/16/2011. Document filed by Oilsands Quest Lead Plaintiff Group. (Kaswan, Beth) (Entered: 06/24/2011)

06/27/2011 34 REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss the

Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Tarnofsky, Robyn) (Entered: 06/27/2011)

06/27/2011 35 DECLARATION of Robyn F. Tarnofsky in Support re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tarnofsky, Robyn) (Entered: 06/27/2011)

06/27/2011 36 AFFIDAVIT of Erdal Yildirim in Support re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Tarnofsky, Robyn) (Entered: 06/27/2011)

06/28/2011

06/29/2011

37 NOTICE of Withdrawal of Affidavit of Service re: 32 Summons Returned Executed,. Document filed by Oilsands Quest Lead Plaintiff Group. (Lawrence, Amanda) (Entered: 06/28/2011)

38 NOTICE OF APPEARANCE by Andrew Garry Gordon on behalf of Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin (Gordon, Andrew) (Entered: 06/29/2011)

06/29/2011 39 NOTICE OF APPEARANCE by Robyn F. Tarnofsky on behalf of Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin (Tarnofsky, Robyn) (Entered: 06/29/2011)

06/29/2011 40 NOTICE OF APPEARANCE by James Joseph Beha, II on behalf of Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin (Beha, James) (Entered: 06/29/2011)

06/29/2011 41 WAIVER OF SERVICE RETURNED EXECUTED. William Scott Thompson waiver sent on 6/2/2011, answer due 8/1/2011. Document filed by St. Lucie County Fire District Firefighter's Pension Trust Fund. (Kaswan, Beth) (Entered: 06/29/2011)

06/29/2011 42 NOTICE OF APPEARANCE by Robert Stuart Plotkin on behalf of TD Securities, Inc. (Plotkin, Robert) (Entered: 06/29/2011)

06/29/2011 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Toronto- Dominion Bank as Corporate Parent. Document filed by TD Securities, Inc..(Plotkin, Robert) (Entered: 06/29/2011)

06/29/2011

06/30/2011

06/30/2011

06/30/2011

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/29/2011. (ft) (Entered: 07/08/2011)

44 WAIVER OF SERVICE RETURNED EXECUTED. McDaniels & Associates Consultants Ltd. waiver sent on 6/1/2011, answer due 8/1/2011. Document filed by St. Lucie County Fire District Firefighter's Pension Trust Fund. (Kaswan, Beth) (Entered: 06/30/2011)

45 NOTICE OF APPEARANCE by Julia Lucia Davis on behalf of McDaniels & Associates Consultants Ltd. (Davis, Julia) (Entered: 06/30/2011)

46 NOTICE OF APPEARANCE by David Neil Cinotti on behalf of McDaniels & Associates Consultants Ltd. (Cinotti, David) (Entered: 06/30/2011)

06/30/2011

47 NOTICE OF APPEARANCE by Matthew Terrence McLaughlin on behalf of McDaniels & Associates Consultants Ltd. (McLaughlin, Matthew) (Entered: 06/30/2011)

06/30/2011 48 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO Corporate Parent. Document filed by McDaniels & Associates Consultants Ltd..(McLaughlin, Matthew) (Entered: 06/30/2011)

06/30/2011 49 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by McDaniels & Associates Consultants Ltd..(Davis, Julia) (Entered: 06/30/2011)

06/30/2011 50 MOTION to Dismiss the Amended Complaint . Document filed by Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin.(Tarnofsky, Robyn) (Entered: 06/30/2011)

06/30/2011 51 MEMORANDUM OF LAW in Support re: 50 MOTION to Dismiss the Amended Complaint.. Document filed by Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin. (Tarnofsky, Robyn) (Entered: 06/30/2011)

07/01/2011 52 WAIVER OF SERVICE RETURNED EXECUTED. John Read waiver sent on 6/1/2011, answer due 8/1/2011. Document filed by St. Lucie County Fire District Firefighter's Pension Trust Fund. (Kaswan, Beth) (Entered: 07/01/2011)

07/01/2011 53 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss the Amended Complaint . Lead Plaintiffs' Memorandum in Further Opposition to Defendants' Motion to Dismiss the Amended Complaint . Document filed by St. Lucie County Fire District Firefighter's Pension Trust Fund. (Kaswan, Beth) (Entered: 07/01/2011)

07/01/2011 54 DECLARATION of Beth A. Kaswan in Opposition re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by St. Lucie County Fire District Firefighter's Pension Trust Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Kaswan, Beth) (Entered: 07/01/2011)

07/01/2011 55 DECLARATION of Alex Vargas in Opposition re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by St. Lucie County Fire District Firefighter's Pension Trust Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kaswan, Beth) (Entered: 07/01/2011)

07/06/2011 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/6/2011. (ft) (Entered: 07/08/2011)

07/08/2011 56 MOTION to Dismiss the Amended Complaint . Document filed by McDaniels & Associates Consultants Ltd.. Responses due by 7/20/2011(McLaughlin, Matthew)

I (Entered: 07/08/2011)

07/08/2011 57 DECLARATION of Matthew T. McLaughlin in Support re: 56 MOTION to Dismiss the Amended Complaint .. Document filed by McDaniels & Associates Consultants Ltd.. (Attachments: # 1 Exhibit A)(McLaughlin, Matthew) (Entered: 07/08/2011)

07/08/2011 58 MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss the Amended Complaint.. Document filed by McDaniels & Associates Consultants Ltd.. (McLaughlin, Matthew) (Entered: 07/08/2011)

07/08/2011 59 MOTION to Dismiss Plaintiffs' Amended Complaint . Document filed by TD Securities, Inc.. Responses due by 7/20/2011(Plotkin, Robert) (Entered: 07/08/2011)

07/08/2011 60 MEMORANDUM OF LAW in Support re: 59 MOTION to Dismiss Plaintiffs' Amended Complaint .. Document filed by TD Securities, Inc.. (Plotkin, Robert) (Entered: 07/08/2011)

07/13/2011 61 DECLARATION of Robyn F. Tarnofsky in Support re: 23 MOTION to Dismiss the Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., T. Murray Wilson, Garth Wong. (Attachments: # 1 Exhibit A)(Tarnofsky, Robyn) (Entered: 07/13/2011)

07/14/2011 62 MEMORANDUM OF LAW in Opposition re: 50 MOTION to Dismiss the Amended Complaint .. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Kaswan, Beth) (Entered: 07/14/2011)

07/19/2011 63 TRANSCRIPT of Proceedings re: Conference held on 5/11/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 8/12/2011. Redacted Transcript Deadline set for 8/22/2011. Release of Transcript Restriction set for 10/20/2011.(McGuirk, Kelly) (Entered: 07/19/2011)

07/19/2011 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/11/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/19/2011)

07/20/2011 65 MEMORANDUM OF LAW in Opposition re: 56 MOTION to Dismiss the Amended Complaint . LEAD PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS THE AMENDED COMPLAINT FILED BY DEFENDANT MCDANIEL & ASSOCIATES CONSULTANTS LTD . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Kaswan, Beth) (Entered: 07/20/2011)

07/20/2011 66 MEMORANDUM OF LAW in Opposition re: 59 MOTION to Dismiss Plaintiffs' Amended Complaint . LEAD PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO TD SECURITIES, INC.'S MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Kaswan, Beth) (Entered: 07/20/2011)

07/21/2011 67 REPLY MEMORANDUM OF LAW in Support re: 50 MOTION to Dismiss the Amended Complaint .. Document filed by Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin. (Tarnofsky, Robyn) (Entered: 07/21/2011)

07/21/2011 68 DECLARATION of Robyn F. Tarnofsky in Support re: 50 MOTION to Dismiss the Amended Complaint .. Document filed by Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin. (Attachments: # 1 Exhibit A)(Tarnofsky, Robyn) (Entered: 07/21/2011)

07/25/2011 69 REPLY MEMORANDUM OF LAW in Support re: 56 MOTION to Dismiss the Amended Complaint . (Reply Memorandum of Law of Defendant McDaniel & Associates Consultants LTD. in Support of its Motion to Dismiss the Amended Complaint) . Document filed by McDaniels & Associates Consultants Ltd.. (McLaughlin, Matthew) (Entered: 07/25/2011)

07/25/2011 70 DECLARATION of Matthew T. McLaughlin in Support re: 56 MOTION to Dismiss the Amended Complaint .. Document filed by McDaniels & Associates Consultants Ltd.. (Attachments: # 1 Exhibit A)(McLaughlin, Matthew) (Entered: 07/25/2011)

07/25/2011 71 REPLY MEMORANDUM OF LAW in Support re: 59 MOTION to Dismiss Plaintiffs' Amended Complaint .. Document filed by TD Securities, Inc.. (Plotkin, Robert) (Entered: 07/25/2011)

07/27/2011

07/29/2011

72 MOTION for Jennifer M. Osgood & Trevor A. Crow to Appear Pro Hac Vice. Document filed by William Scott Thompson.(pgu) (Entered: 07/28/2011)

Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 7/29/2011 re: 76 MOTION to Dismiss the Amended Complaint filed by William Scott Thompson, Thomas Milne. (ft) (Entered: 08/09/2011)

08/03/2011 73 ORDER FOR ADMISSION PRO HAC VICE: granting 72 Motion for Jennifer M. Osgood to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/2/2011) (jfe) (Entered: 08/03/2011)

08/03/2011

08/03/2011

08/03/2011

08/05/2011

74 ORDER FOR ADMISSION PRO HAC VICE: IT IS HEREBY ORDERED that Trevor A. Crow is admitted to practice pro hac vice on this matter. (Signed by Judge Jed S. Rakoff on 8/2/2011) (jfe) (Entered: 08/03/2011)

75 WAIVER OF SERVICE RETURNED EXECUTED. Thomas Milne waiver sent on 8/1/2011, answer due 9/30/2011. Document filed by Mark Rubenstein. (Kaswan, Beth) (Entered: 08/03/2011)

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/3/2011. (mbe) (Entered: 08/08/2011)

76 MOTION to Dismiss the Amended Complaint . Document filed by Thomas Milne, William Scott Thompson. Responses due by 8/12/2011(Osgood, Jennifer) (Entered: 08/05/2011)

08/05/2011 77 MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Amended Complaint.. Document filed by Thomas Milne, William Scott Thompson. (Osgood, Jennifer) (Entered: 08/05/2011)

08/05/2011 78 DECLARATION of Jennifer M. Osgood in Support re: 76 MOTION to Dismiss the Amended Complaint .. Document filed by Thomas Milne, William Scott Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Osgood, Jennifer) (Entered: 08/05/2011)

08/08/2011 CASHIERS OFFICE REMARK on 72 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 07/27/2011, Receipt Number 1012656. (jd) (Entered: 08/08/2011)

08/12/2011 79 MEMORANDUM OF LAW in Opposition re: 76 MOTION to Dismiss the Amended Complaint . LEAD PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS THE AMENDED COMPLAINT FILED BY DEFENDANTS WILLIAM SCOTT THOMPSON

AND THOMAS MILNE . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Kaswan, Beth) (Entered: 08/12/2011)

08/16/2011 80 REPLY MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Amended Complaint .. Document filed by Thomas Milne, William Scott Thompson. (Osgood, Jennifer) (Entered: 08/16/2011)

08/31/2011 81 TRANSCRIPT of Proceedings re: Argument held on 7/29/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 9/26/2011. Redacted Transcript Deadline set for 10/6/2011. Release of Transcript Restriction set for 12/2/2011.(McGuirk, Kelly) (Entered: 08/31/2011)

08/31/2011

09/13/2011

09/13/2011

09/16/2011

82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 7/29/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/31/2011)

83 TRANSCRIPT of Proceedings re: Argument held on 7/29/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 10/7/2011. Redacted Transcript Deadline set for 10/17/2011. Release of Transcript Restriction set for 12/15/2011.(McGuirk, Kelly) (Entered: 09/13/2011)

84 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 7/29/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/13/2011)

85 ORDER: terminating 23 Motion to Dismiss; terminating 50 Motion to Dismiss; terminating 56 Motion to Dismiss; granting 59 Motion to Dismiss; terminating 76 Motion to Dismiss. The Court hereby grants the motion of TD Securities, but denies the motions of all the other defendants. TD Securities is no longer a party to this action. An opinion explaining the reasons for these rulings will issue in due course. Meanwhile, the Clerk of the Court is directed to close the documents numbered 23, 50, 56, 59, and 76 on the docket of this case. Counsel for the remaining parties are instructed to jointly call Chambers to schedule further proceedings in this matter. (Signed by Judge Jed S. Rakoff on 9/15/2011) (jfe) (Entered: 09/16/2011)

09/21/2011

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/21/2011. (lmb) (Entered: 09/30/2011)

09/29/2011 86 ANSWER to 22 Amended Complaint,,. Document filed by Thomas Milne, William Scott Thompson.(Osgood, Jennifer) (Entered: 09/29/2011)

09/29/2011 87 ANSWER to 22 Amended Complaint,,. Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin, T. Murray Wilson, Garth Wong.(Tarnofsky, Robyn) (Entered: 09/29/2011)

09/29/2011 88 ANSWER to 22 Amended Complaint,,. Document filed by McDaniels & Associates Consultants Ltd..(McLaughlin, Matthew) (Entered: 09/29/2011)

09/30/2011

09/30/2011

89 CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Joinder of Parties due by 12/30/2011. Deposition due by 3/30/2012. Discovery due by 3/30/2012. Final Pretrial Conference set for 5/14/2012 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 5/14/2012. Motions due by 4/6/2012. Responses due by 4/25/2012. Replies due by 5/7/2012. (Signed by Judge Jed S. Rakoff on 9/29/2011) (lmb) Modified on 10/12/2011 (lmb). (Entered: 09/30/2011)

90 NOTICE OF APPEARANCE by Andrew Flagg Brin Diamond on behalf of McDaniels & Associates Consultants Ltd. (Diamond, Andrew) (Entered: 09/30/2011)

09/30/2011 Set/Reset Deadlines: Motions due by 4/6/2012. Responses due by 4/25/2012. Replies due by 5/7/2012. (lmb) (Entered: 10/12/2011)

11/22/2011 91 NOTICE of of Amended Certifications for Lead Plaintiffs. Document filed by Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Blasy, Mary) (Entered: 11/22/2011)

11/28/2011 92 NOTICE of (Corrected) Amended Certifications for Lead Plaintiffs. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Blasy, Mary) (Entered: 11/28/2011)

01/06/2012 93 MOTION for Issuance of Letters Rogatory as to KPMG, TD Securities, Inc., Mark Doig, and Calvin Clark in Canada (LEAD PLAINTIFFS NOTICE OF UNOPPOSED MOTION FOR THE ISSUANCE OF LETTERS ROGATORY) . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Attachments: # 1 Text of Proposed Order)(Kaswan, Beth) (Entered: 01/06/2012)

01/06/2012 94 MEMORANDUM OF LAW in Support re: 93 MOTION for Issuance of Letters Rogatory as to KPMG, TD Securities, Inc., Mark Doig, and Calvin Clark in Canada (LEAD PLAINTIFFS NOTICE OF UNOPPOSED MOTION FOR THE ISSUANCE OF LETTERS ROGATORY) . MOTION for Issuance of Letters Rogatory as to KPMG, TD Securities, Inc., Mark Doig, and Calvin Clark in Canada (LEAD PLAINTIFFS NOTICE OF UNOPPOSED MOTION FOR THE ISSUANCE OF LETTERS ROGATORY) .. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kaswan, Beth) (Entered: 01/06/2012)

01/18/2012 95 NOTICE OF APPEARANCE by Moses Silverman on behalf of Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., Ronald Phillips, John Read, Gordan

Tallman, Pamela Wallin, T. Murray Wilson, Garth Wong (Silverman, Moses) (Entered: 01/18/2012)

01/23/2012 96 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 1/23/2012) (cd) (Entered: 01/24/2012)

01/23/2012 97 ORDER GRANTING LEAD PLAINTIFFS UNOPPOSED MOTION FOR THE ISSUANCE OF LETTERS ROGATORY: Having considered the papers submitted by the parties and good cause appearing, the Court GRANTS Lead Plaintiffs' unopposed motion for the issuance of letters rogatory. (Signed by Judge Jed S. Rakoff on 1/23/2012) (js) (Entered: 01/24/2012)

01/23/2012 98 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE LETTER ROGATORY TO PRODUCE DOCUMENTS AND TAKE DEPOSITION TESTIMONY: According to Plaintiff T.D. Securities these actions and numerous other allegedly false statements violated the Securities and Exchange Act of 1934. On September 16, 2011, this Court issued an order denying Defendants' motions to dismiss and holding that Plaintiffs' allegations were legally sufficient. Your assistance in this matter is appreciated and this Court stands ready to provide similar judicial assistance to judicial authorities in Canada. Plaintiffs have agreed to bear reasonable costs incurred in executing this Court's request. This letter constitutes a formal request from the Southern District. 2. The Southern District has the power to direct the taking of evidence abroad pursuant to 28 U.S.C. § 1781(b)(2). 3. The Southern District is a court of law, not an administrative tribunal. 4. The above-captioned matter is currently scheduled to go to trial and the materials sought in this letter may be used in connection with that trial to the extent they are admissible under the U.S. Federal Rules of Evidence. (Signed by Judge Jed S. Rakoff on 1/23/2012) (js) (Entered: 01/24/2012)

01/23/2012 99 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE LETTER ROGATORY TO TAKE DEPOSITION TESTIMONY: According to Plaintiff Mark Doig these actions and numerous other allegedly false statements violated the Securities and Exchange Act of 1934. On September 16, 2011, this Court issued an order denying Defendants' motions to dismiss and holding that Plaintiffs' allegations were legally sufficient.Your assistance in this matter is appreciated and this Court stands ready to provide similar judicial assistance to judicial authorities in Canada. Plaintiffs have agreed to bear reasonable costs incurred in executing this Court's request Furthermore: This letter constitutes a formal request from the Southern District. 2. The Southern District has the power to direct the taking of evidence abroad pursuant to 28 U.S.C. § 1781(b)(2). 3. The Southern District is a court of law, not an administrative tribunal. The above-captioned matter is currently scheduled to go to trial and the materials sought in this letter may be used in connection with that trial to the extent they are admissible under the U.S. Federal Rules of Evidence (Signed by Judge Jed S. Rakoff on 1/23/2012) (js) (Entered: 01/24/2012)

01/23/2012 100 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) TO TAKE DEPOSITION TESTIMONY: According to Plaintiff Calvin Clark, these actions and numerous other allegedly false statements violated the Securities and Exchange Act of 1934. On September 16, 2011, this Court issued an order denying Defendants' motions to dismiss and holding that Plaintiffs' allegations were legally sufficient. Your assistance in this matter is appreciated and this Court

stands ready to provide similar judicial assistance to judicial authorities in Canada. Plaintiffs have agreed to bear reasonable costs incurred in executing this Court's request Furthermore: 1. This letter constitutes a formal request from the Southern District. 2. The Southern District has the power to direct the taking of evidence abroad pursuant to 28 U.S.C. § 1781(b)(2). 3. The Southern District is a court of law, not an administrative tribunal. 4. The above-captioned matter is currently scheduled to go to trial and the materials sought in this letter may be used in connection with that trial to the extent they are admissible under the U.S. Federal Rules of Evidence (Signed by Judge Jed S. Rakoff on 1/23/2012) (js) Modified on 1/26/2012 (js). (Entered: 01/24/2012)

01/23/2012 101 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) TO PRODUCE DOCUMENTS AND TAKE DEPOSITION TESTIMONY: According to Plaintiff KPMG LLP. these actions and numerous other allegedly false statements violated the Securities and Exchange Act of 1934. On September 16, 2011, this Court issued an order denying Defendants' motions to dismiss and holding that Plaintiffs' allegations were legally sufficient. Your assistance in this matter is appreciated and this Court stands ready to provide similar judicial assistance to judicial authorities in Canada. Plaintiffs have agreed to bear reasonable costs incurred in executing this Court's request. Furthermore: 1. This letter constitutes a formal request from the Southern District. 2. The Southern District has the power to direct the taking of evidence abroad pursuant to 28 U.S.C. § 1781 (b) (2). 3. The Southern District is a court of law, not an administrative tribunal. 4. The above-captioned matter is currently scheduled to go to trial and the materials sought in this letter may be used in connection with that trial to the extent they are (Signed by Judge Jed S. Rakoff on 1/23/2012) (js) (Entered: 01/24/2012)

01/24/2012 102 NOTICE OF APPEARANCE by Thomas Livezey Laughlin, IV on behalf of Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker (Laughlin, Thomas) (Entered: 01/24/2012)

02/07/2012 103 NOTICE OF APPEARANCE by Judith S. Scolnick on behalf of Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker (Scolnick, Judith) (Entered: 02/07/2012)

02/07/2012 104 NOTICE OF APPEARANCE by Edmund M. O'Toole on behalf of McDaniels & Associates Consultants Ltd. (O'Toole, Edmund) (Entered: 02/07/2012)

02/10/2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference held on 2/10/2012. REFERENCE TO THE BANKRUTCY COURT IS WITHDRAWN. (jfe) (Entered: 03/02/2012)

02/13/2012 105 MOTION to Withdraw Lead Plaintiffs' Notice of Unopposed Motion to Withdraw St. Lucie County Fire District Firefighter's Pension Trust Fund and Simon Salo as Lead Plaintiffs . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Attachments: # 1 Exhibit A - Bushman Declaration, # 2 Exhibit B - Salo Declaration, # 3 Text of Proposed Order)(Kaswan, Beth) (Entered: 02/13/2012)

02/14/2012 106 ORDER: For the reasons apparent from the transcript, see transcript of oral argument,

2/10/12, plaintiffs' motion to withdraw the reference to the bankruptcy court is hereby granted. The above referenced bankruptcy cases, which are currently pending before Judge Martin Glenn in the Bankruptcy Court for the Southern District of New York, will now be heard by this Court. The recognition hearing, previously scheduled for March 15, 2012 at 2pm before Judge Glenn, will now be heard by this Court at that time. Any responses or objections to the Chapter 15 Petitions must be filed with this Court by March 5, 2012 and any reply to those responses or objections must be filed by March 8, 2012. (Signed by Judge Jed S. Rakoff on 2/10/2012) (js) (Entered: 02/14/2012)

02/14/2012

02/14/2012

02/16/2012

Set/Reset Deadlines: Karim Hirji answer due 3/5/2012; Christopher H. Hopkins answer due 3/5/2012; McDaniels & Associates Consultants Ltd. answer due 3/5/2012; Thomas Milne answer due 3/5/2012; Oilsands Quest Inc. answer due 3/5/2012; Ronald Phillips answer due 3/5/2012; John Read answer due 3/5/2012; TD Securities, Inc. answer due 3/5/2012; Gordan Tallman answer due 3/5/2012; William Scott Thompson answer due 3/5/2012; T. Murray Wilson answer due 3/5/2012; Garth Wong answer due 3/5/2012.( Replies due by 3/8/2012.), Set/Reset Hearings:( Status Conference set for 3/15/2012 at 02:00 PM before Judge Jed S. Rakoff.) (js) (Entered: 02/14/2012)

107 ORDER: Pending before the Court is the unopposed motion of St. Lucie County Fire District Firefighters' Pension Trust Fund ("St. Lucie"), Simon Salo, Marshall Collins, Theodore Koler, Elmer Walker, and Gary Dannenberg (collectively, the "Lead Plaintiffs") to withdraw St. Lucie and Simon Salo as lead plaintiffs in the above-captioned putative securities class action. After careful consideration of the parties' submissions, the Court hereby grants the motion. (Signed by Judge Jed S. Rakoff on 2/10/2012) (js) (Entered: 02/14/2012)

108 AFFIDAVIT OF SERVICE. Document filed by Oilsands Quest Inc.. (Coleman, Ken) (Entered: 02/16/2012)

02/21/2012

02/21/2012

02/21/2012

109 TRANSCRIPT of Proceedings re: Conference held on 2/10/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 3/16/2012. Redacted Transcript Deadline set for 3/26/2012. Release of Transcript Restriction set for 5/24/2012.(McGuirk, Kelly) (Entered: 02/21/2012)

110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 2/10/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 02/21/2012)

111 NOTICE of Affidavit of Publication (The Wall Street Journal). Document filed by Oilsands Quest Inc.. (Coleman, Ken) (Entered: 02/21/2012)

02/21/2012 112 NOTICE of Filing of the Stay Extension Order of the Alberta Court in the Canadian Proceedings. Document filed by Oilsands Quest Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 02/21/2012)

02/21/2012 113 NOTICE of Filing of the Order of the Alberta Court in the Canadian Proceedings Approving Interim Debtor in Possession Financing. Document filed by Oilsands Quest Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 02/21/2012)

02/21/2012 114 NOTICE of Filing of the Amended and Restated Initial Order of the Alberta Court in the Canadian Proceedings. Document filed by Oilsands Quest Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Coleman, Ken) (Entered: 02/21/2012)

02/22/2012 115 NOTICE of Filing of the Third Report of The Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Oilsands Quest Inc.. (Coleman, Ken) (Entered: 02/22/2012)

02/22/2012 116 NOTICE of Filing of the Proposed Monitor's Report. Document filed by Oilsands Quest Inc.. (Coleman, Ken) (Entered: 02/22/2012)

02/23/2012 117 AFFIDAVIT OF SERVICE of Notices of Filing Documents in Canadian Proceedings served on all parties on 2/22/12. Service was made by Mail. Document filed by Oilsands Quest Inc.. (Coleman, Ken) (Entered: 02/23/2012)

02/23/2012 118 NOTICE of Filing of the Sale Approval and Vesting Order of the Alberta Court in the Canadian Proceedings. Document filed by Oilsands Quest Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 02/23/2012)

02/28/2012 119 AFFIDAVIT OF SERVICE. Document filed by Oilsands Quest Inc.. (Coleman, Ken) (Entered: 02/28/2012)

03/01/2012 120 TRANSCRIPT of Proceedings re: Conference held on 2/10/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 3/26/2012. Redacted Transcript Deadline set for 4/5/2012. Release of Transcript Restriction set for 6/4/2012.(McGuirk, Kelly) (Entered: 03/01/2012)

03/01/2012 121 TRANSCRIPT of Proceedings re: Conference held on 2/10/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 3/26/2012. Redacted Transcript Deadline set for 4/5/2012. Release of Transcript Restriction set for 6/4/2012.(McGuirk, Kelly) (Entered: 03/01/2012)

03/01/2012 122 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 2/10/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/01/2012)

03/05/2012 123 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: 112 Notice (Other), 114 Notice (Other) (LEAD PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO CHAPTER 15

PETITIONS FOR RECOGNITION OF FOREIGN PROCEEDING AND RELATED RELIEF) . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Attachments: # 1 Declaration of Judith S. Scolnick, # 2 Exhibit A to Scolnick Declaration, # 3 Exhibit B to Scolnick Declaration, # 4 Exhibit C to Scolnick Declaration)(Kaswan, Beth) Modified on 3/6/2012 (ka). (Entered: 03/05/2012)

03/06/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Beth Ann Kaswan to RE-FILE Document 123 Opposition Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers.***NOTE: Declarations in Opposition must be filed individually. Use event code Declaration in Opposition(non-motion) located under Other Answers. ( Modified on 3/6/2012 (ka). (Entered: 03/06/2012)

03/06/2012 124 MEMORANDUM OF LAW in Opposition re: 112 Notice (Other), 114 Notice (Other) (Refiled Doc 123) LEAD PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO CHAPTER 15 PETITIONS FOR RECOGNITION OF FOREIGN PROCEEDING AND RELATED RELIEF) . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Attachments: # 1 Declaration of Judith S. Scolnick, # 2 Exhibit A to Scolnick Declaration, # 3 Exhibit B to Scolnick Declaration, # 4 Exhibit C to Scolnick Declaration)(Kaswan, Beth) (Entered: 03/06/2012)

03/07/2012 125 NOTICE of Filing of the Fourth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Oilsands Quest Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 03/07/2012)

03/07/2012 126 AFFIDAVIT OF SERVICE. Document filed by Oilsands Quest Inc.. (Coleman, Ken) (Entered: 03/07/2012)

03/08/2012 127 REPLY MEMORANDUM OF LAW in Support of Chapter 15 Petitions for Recognition of Foreign Proceedings and Related Relief . Document filed by Ernst & Young Inc.. (Attachments: # 1 Certificate of Service)(Coleman, Ken) (Entered: 03/08/2012)

03/08/2012 128 DECLARATION of Jonathan Cho in Support re: 127 Reply Memorandum of Law in Support. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Part 1), # 4 Exhibit C (Part 2), # 5 Exhibit C (Part 3), # 6 Exhibit C (Part 4))(Coleman, Ken) (Entered: 03/08/2012)

03/08/2012 129 DECLARATION of Howard Gorman in Support re: 127 Reply Memorandum of Law in Support. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/08/2012)

03/08/2012 130 DECLARATION of Josef G.A. Kruger in Support re: 127 Reply Memorandum of Law in Support. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/08/2012)

03/08/2012 131 REPLY MEMORANDUM OF LAW in Support of Defendants william Scott Thompson and Thomas Milne in Support of Chapter 15 Petitions for Recognition of Foreign Proceedings and Related Relief. Document filed by Thomas Milne, William Scott Thompson. (Crow, Trevor) (Entered: 03/08/2012)

03/08/2012 132 DECLARATION of Trevor A. Crow in Support. Document filed by Thomas Milne, William Scott Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Crow, Trevor) (Entered: 03/08/2012)

03/08/2012 133 DECLARATION of Phil A. Welch re: 124 Memorandum of Law in Opposition,,. Document filed by McDaniels & Associates Consultants Ltd.. (Attachments: #

..1 Exhibit A, # 2 Exhibit B)(Cinotti, David) (Entered: 03/08/2012)

03/08/2012 134 REPLY MEMORANDUM OF LAW re: 124 Memorandum of Law in Opposition,, 133 Declaration (Memorandum of Law of McDaniel & Associates Consultants LTD. in Response to Lead Plaintiffs' Opposition to Chapter 15 Petitions for Recognition of Foreign Proceeding and Related Relief) . Document filed by McDaniels & Associates Consultants Ltd.. (Cinotti, David) (Entered: 03/08/2012)

03/08/2012 135 SUPPLEMENTAL MEMORANDUM OF LAW in Support of the Chapter 15 Petitions for Recognition of Foreign Proceeding and Related Relief . Document filed by Karim Hirji, Christopher H. Hopkins, Oilsands Quest Inc., Ronald Phillips, John Read, Gordan Tallman, Pamela Wallin, T. Murray Wilson, Garth Wong. (Tarnofsky, Robyn) (Entered: 03/08/2012)

03/12/2012 136 NOTICE of Filing of the Amended Fourth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Oilsands Quest Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 03/12/2012)

03/13/2012 137 AFFIDAVIT OF SERVICE. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/13/2012)

03/14/2012 138 NOTICE of Filing of the Fifth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 03/14/2012)

03/14/2012 139 AFFIDAVIT OF SERVICE of Notice of Filing Fifth Report of Monitor served on all parties on March 14, 2012. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/14/2012)

03/15/2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference held on 3/15/2012. Regarding CHAPTER 15 PETITIONS FOR RECOGNITION OF FOREIGN PROCEEDING AND RELATED RELIEF. (jfe) (Entered: 04/02/2012)

03/19/2012 140 NOTICE of Filing of the Sale Appoval and Vesting Order (Eagles' Nest Property - Cavalier Energy) in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 03/19/2012)

03/22/2012 141 AFFIDAVIT OF SERVICE of Notice of Filing of the Sale Approval and Vesting Order served on all parties on March 19, 2012. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/22/2012)

03/29/2012 142 ORDER: For reasons that will be explained in a forthcoming written opinion, the Court hereby grants the Monitor's request that this Court recognize the Canadian Proceedings as foreign main proceedings and give full force and effect to the Alberta Orders. Moreover, the plaintiffs agreed at oral argument that if the Court granted the Monitor's request to enforce the Alberta Orders, it should also grant the Monitor's request to stay the above captioned civil case against McDaniel.Therefore,the Monitor's petitions are granted in full. The Monitor is directed to promptly file with

this Court any new orders signed by the Alberta Court. The above captioned civil case, 11 Civ. 1288 (JSR) is stayed in its entirety until further order of this Court. (Signed by Judge Jed S. Rakoff on 3/29/2012) (pl) Modified on 3/29/2012 (pl). (Entered: 03/29/2012)

03/29/2012 143 NOTICE of Filing of the Monitor's Certificate in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 03/29/2012)

04/17/2012 144 TRANSCRIPT of Proceedings re: Hearing held on 3/15/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 5/11/2012. Redacted Transcript Deadline set for 5/21/2012. Release of Transcript Restriction set for 7/19/2012.(McGuirk, Kelly) (Entered: 04/17/2012)

04/17/2012 145 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 3/15/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/17/2012)

05/11/2012 146 NOTICE of Filing of the Sixth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 05/11/2012)

05/15/2012 147 AFFIDAVIT OF SERVICE of Notice of Filing Sixth Report of Monitor served on All Parties on May 11, 2012. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 05/15/2012)

07/10/2012 148 NOTICE of Filing of (A) The Seventh Report of the Monitor of The Oilsands Group and (B) Order of the Canadian Court Extending Stay of Proceedings to August 31, 2012. Document filed by Oilsands Quest Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Coleman, Ken) (Entered: 07/10/2012)

07/12/2012 149 AFFIDAVIT OF SERVICE of Seventh Report of Monitor; Order Extending Stay served on All Parties on July 10, 2012. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 07/12/2012)

07/23/2012 150 MOTION Notice of Motion For Orders Enforcing Orders of the Alberta Court. Document filed by Ernst & Young Inc.. (Attachments: # 1 Motion For Orders Enforcing Orders of the Alberta Court, # 2 Exhibit A to the Motion, # 3 Exhibit B to the Motion, # 4 Exhibit C to the Motion, # 5 Exhibit D to the Motion, # 6 Exhibit E to the Motion)(Coleman, Ken) (Entered: 07/23/2012)

07/23/2012 151 MEMORANDUM OF LAW in Support re: 150 MOTION Notice of Motion For Orders Enforcing Orders of the Alberta Court.. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 07/23/2012)

07/25/2012 152 AFFIDAVIT OF SERVICE of Docket Numbers 148, 150 and 151. Document filed by

Ernst & Young Inc.. (Coleman, Ken) (Entered: 07/25/2012)

08/06/2012 153 RESPONSE to Motion re: 150 MOTION Notice of Motion For Orders Enforcing Orders of the Alberta Court.. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Scolnick, Judith) (Entered: 08/06/2012)

08/06/2012 154 MEMORANDUM OF LAW in Support re: 153 Response to Motion (MEMORANDUM IN SUPPORT OF LEAD PLAINTIFFS' RESPONSE TO MONITOR OF OILSANDS GROUP'S NOTICE OF MOTION FOR ORDERS ENFORCING ORDER OF THE ALBERTA COURT) . Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Attachments: # 1 Exhibit A - Letter to Calgary, Alberta Court)(Scolnick, Judith) (Entered: 08/06/2012)

08/10/2012 155 ORDER ENFORCING EXPANSION OF MONITOR'S POWERS OF THE ALBERT COURT: The Court hereby grants the Monitor's request that this Court give full force and effect in the United to the Order granting 150 Motion granted. So Ordered. (Signed by Judge Jed S. Rakoff on 8/9/2012) (ago) (Entered: 08/10/2012)

08/10/2012 156 ORDER ENFORCING CLAIMS ORDERS OF THE ALBERTA COURT: The Court hereby grants the Monitor's request that this Court give full force and effect in the United States to the Claims Orders. So Ordered (Signed by Judge Jed S. Rakoff on 8/9/2012) (ago) (Entered: 08/10/2012)

08/21/2012 157 NOTICE of Filing of the Ninth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 08/21/2012)

08/24/2012 158 NOTICE of Filing of Order of the Alberta Court Extending Stay of Proceedings and Amending Initial Order. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 08/24/2012)

08/28/2012 159 AFFIDAVIT OF SERVICE of Docket #158 on 8/24/12. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 08/28/2012)

08/28/2012 160 AFFIDAVIT OF SERVICE of Docket #157 on 8/20/12. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 08/28/2012)

08/29/2012 161 NOTICE of Withdrawal of Attorney Mary K. Blasy. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Blasy, Mary) (Entered: 08/29/2012)

09/18/2012 162 NOTICE OF CHANGE OF ADDRESS by Beth Ann Kaswan on behalf of Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Mark Rubenstein, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. New Address: Scott+Scott LLP, 405 Lexington Ave., 40th Floor, New York City, New York, USA 10174, 212-223-6444. (Kaswan, Beth) (Entered: 09/18/2012)

09/25/2012 163 NOTICE of Filing of the Tenth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 09/25/2012)

09/26/2012 164 AFFIDAVIT OF SERVICE of Notice of Filing of Monitor's Tenth Report served on All Parties on 9/25/12. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 09/26/2012)

10/02/2012 165 NOTICE of Filing of the Eleventh Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 10/02/2012)

10/02/2012 166 NOTICE of Filing of the Stay Extension Order of the Alberta Court in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 10/02/2012)

10/03/2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/3/2012. (Kotowski, Linda) (Entered: 10/12/2012)

10/04/2012 167 AFFIDAVIT OF SERVICE of Docket #165 and Docket #166. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 10/04/2012)

10/04/2012 168 NOTICE of Filing of the Stay Extension Order of the Alberta Court in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 10/04/2012)

10/04/2012 169 NOTICE of Filing of the Sale Approval and Vesting Order of the Alberta Court in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 10/04/2012)

10/09/2012 170 MOTION for Sara Cantrick Van Deusen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7888652. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Thomas Milne, William Scott Thompson. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Van Deusen, Sara) (Entered: 10/09/2012)

10/10/2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 170 MOTION for Sara Cantrick Van Deusen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7888652. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu) (Entered: 10/10/2012)

10/10/2012 171 NOTICE of Withdrawal of Trevor Crow. Document filed by Thomas Milne, William Scott Thompson. (Crow, Trevor) (Entered: 10/10/2012)

10/11/2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 10/11/2012. Oral argument will be heard on a Motion for Summary Judgment on April 12, 2013 at 4:00pm. (Kotowski, Linda) (Entered: 10/12/2012)

10/12/2012 172 NOTICE of Withdrawal of Attorneys Andrew F. Diamond and Julia L. Davis. Document filed by McDaniels & Associates Consultants Ltd.. (Cinotti, David) (Entered: 10/12/2012)

10/12/2012 173 AFFIDAVIT OF SERVICE of Docket #168 and Docket #169. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 10/12/2012)

10/12/2012 174 CASE MANAGEMENT PLAN: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26 (f) of the Federal Rules of Civil Procedure. This Court requires that this case be ready for trial on April 12, 2013. The case is to be tried to a jury. Joinder of additional parties must be accomplished by 11/1/2012. Amended

10/26/2012

10/26/2012

11/08/2012

pleadings may be filed without leave of the Court. All depositions must be completed by 2/15/2013. All discovery is to be completed by 2/22/2013. ( Joinder of Parties due by 11/2/2012., Motions due by 3/15/2013. Post-discovery summary judgment motions in the form prescribed by the Court's Individual Rules of Practice may be brought on without further consultation with the Court provided that a Notice of such motion, in the form specified in the Court's Individual Rules of Practice, is filed no later than one week following the close of discovery date and provided all moving papers are served by 3/15/2013, answering papers by 3/29/2013 and reply papers by 4/5/2013. A final pretrial conference, as well as oral argument on any post-discovery judgment motions shall be held on 4/13/2013 at 4:00 p.m., Responses due by 3/29/2013, Replies due by 4/5/2013., Deposition due by 2/15/2013., Discovery due by 2/22/2013., Final Pretrial Conference set for 4/12/2013 at 04:00 PM before Judge Jed S. Rakoff., Ready for Trial by 4/12/2013.), ( Motions due by 3/15/2013., Responses due by 3/29/2013, Replies due by 4/5/2013., Deposition due by 2/15/2013., Discovery due by 2/22/2013., Ready for Trial by 4/12/2013., Joinder of Parties due by 11/1/2012.), ( Final Pretrial Conference set for 4/12/2013 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 10/11/2012) (ago) Modified on 10/17/2012 (ago). (Entered: 10/15/2012)

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/17/2012. (Kotowski, Linda) (Entered: 11/26/2012)

175 ORDER: In light of the Alberta Court's orders, this Court's stay of this case is lifted as to the individual former officers and directors of Oilsands Quest and as to defendant McDaniels & Associates Consultants Ltd. This Court's stay remains in effect as to Oilsands Quest. (Signed by Judge Jed S. Rakoff on 10/19/2012) (djc) (Main Document 175 replaced on 10/24/2012) (tro). (Entered: 10/24/2012)

176 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Amended Complaint ., 50 MOTION to Dismiss the Amended Complaint ., 56 MOTION to Dismiss the Amended Complaint ., 23 MOTION to Dismiss the Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, McDaniels & Associates Consultants Ltd., Thomas Milne, Oilsands Quest Inc., Ronald Phillips, John Read, Gordan Tallman, William Scott Thompson, Pamela Wallin, T. Murray Wilson, Garth Wong. (Tarnofsky, Robyn) (Entered: 10/26/2012)

177 DECLARATION of James J. Beha II in Support re: 76 MOTION to Dismiss the Amended Complaint ., 50 MOTION to Dismiss the Amended Complaint ., 56 MOTION to Dismiss the Amended Complaint ., 23 MOTION to Dismiss the Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, McDaniels & Associates Consultants Ltd., Thomas Milne, Oilsands Quest Inc., Ronald Phillips, John Read, Gordan Tallman, William Scott Thompson, Pamela Wallin, T. Murray Wilson, Garth Wong. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tarnofsky, Robyn) (Entered: 10/26/2012)


10/17/2012

10/23/2012

11/16/2012 178 MEMORANDUM OF LAW in Opposition re: 76 MOTION to Dismiss the Amended Complaint .. Document filed by Marshalll W. Collins. (Scolnick, Judith) (Entered: 11/16/2012)

11/16/2012


11/21/2012

12/04/2012

179 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Amended Complaint ., 50 MOTION to Dismiss the Amended Complaint ., 56 MOTION to Dismiss the Amended Complaint ., 23 MOTION to Dismiss the Amended Complaint .. Document filed by Karim Hirji, Christopher H. Hopkins, McDaniels & Associates Consultants Ltd., Thomas Milne, Oilsands Quest Inc., Ronald Phillips, John Read, Gordan Tallman, William Scott Thompson, Pamela Wallin, T. Murray Wilson, Garth Wong. (Tarnofsky, Robyn) (Entered: 11/21/2012)

180 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/11/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 12/17/2012. Redacted Transcript Deadline set for 1/2/2013. Release of Transcript Restriction set for 2/22/2013.(Rodriguez, Somari) (Entered: 11/21/2012)

181 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 11/21/2012)


11/21/2012

11/21/2012

12/07/2012 182

SEALED DOCUMENT placed in vault.(mps) (Entered: 12/07/2012)

12/10/2012 183 ORDER GRANTING LEAD PLAINTIFFS' UNOPPOSED MOTION FOR THE ISSUANCE OF LETTERS ROGATORY: Having considered the papers submitted by the parties and good cause appearing, the Court GRANTS Lead Plaintiffs' unopposed motion for the issuance or letters rogatory. (Signed by Judge Jed S. Rakoff on 12/06/2012) (ama) (Entered: 12/10/2012)

12/10/2012 184 NOTICE of Filing of the Twelfth Report of the Monitor of The Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 12/10/2012)

12/10/2012 185 NOTICE of Filing of Receivership Order of the Alberta Court. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 12/10/2012)

12/10/2012 186 NOTICE of Filing of Order of the Alberta Court Extending Stay of Proceedings and Approving Amending Agreement. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 12/10/2012)

12/12/2012 187 AFFIDAVIT OF SERVICE of Notice of Filing Twelfth Report of Monitor; Notice of Filing Order Extending Stay; Notice of Filing Receivership Order served on All Parties on 12/11/12. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 12/12/2012)


12/21/2012 188 JOINT MOTION to Approve Preliminary Class Action Settlement. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker.(Lawrence, Amanda) (Entered: 12/21/2012)

12/21/2012 189 MEMORANDUM OF LAW in Support re: 188 JOINT MOTION to Approve Preliminary Class Action Settlement.. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Lawrence, Amanda) (Entered: 12/21/2012)

12/21/2012 190 DECLARATION of Judith S. Scolnick in Support re: 188 JOINT MOTION to Approve Preliminary Class Action Settlement.. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Simon Salo, St. Lucie County Fire District Firefighter's Pension Trust Fund, Elmer Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Scolnick, Judith) (Entered: 12/21/2012)

12/21/2012 191

12/21/2012 192

12/21/2012

12/21/2012

12/28/2012 193

SEALED DOCUMENT placed in vault.(mps) (Entered: 12/21/2012)

SEALING ORDER: The parties having requested in connection with an anticipated settlement of this action to tile two supplemental agreements (the "First Supplemental Agreement" and "Second Supplemental Agreement") under seal. for good cause shown, it is hereby ORDERED that the First Supplemental Agreement and Second Supplemental Agreement may be filed under seal. (Signed by Judge Jed S. Rakoff on 12/21/2012) (js) (Entered: 12/21/2012)

Transmission to Sealed Records Clerk. Transmitted re: 192 Order,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (js) (Entered: 12/21/2012)


MEMORANDUM. For the reasons herein, the Court reaffirms its order of March 29, 2012, granting the Monitor's petitions. It remains only to add that on August 23, 2012, the Alberta Court lifted its stay as to Oilsands's former officers and directors with respect to this litigation, and that, accordingly, on October 19, 2012, this Court lifted its stay as to Oilsands's officers and directors and as to McDaniels. In addition, the Court notes that on December 21, 2012, the parties filed a joint motion for preliminary approval of a class action settlement, which will be resolved in due course. (Signed by Judge Jed S. Rakoff on 12/27/2012) (rjm) (Entered: 01/02/2013)

01/29/2013 194 NOTICE of Filing of the First Report of the Receiver in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken)

i (Entered: 01/29/2013)

01/29/2013 195 NOTICE of Filing of the Thirteenth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 01/29/2013)

01/31/2013 196 AFFIDAVIT OF SERVICE of Notice of Filing Thirteenth Report of Monitor, and Notice of Filing First Report of Receiver served on All Parties on January 29, 2013. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken)

(Entered: 01/31/2013)


02/25/2013 197 NOTICE of Filing of the Fourteenth Report of the Monitor of the Oilsands Group in the Canadian Proceedings. Document filed by Ernst & Young Inc.. (Attachments: # 1 Exhibit A)(Coleman, Ken) (Entered: 02/25/2013)

02/25/2013 Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 2/25/2013. (Kotowski, Linda) (Entered: 03/04/2013)

03/01/2013 198 AFFIDAVIT OF SERVICE of Notice of Filing Fourteenth Report of Monitor served on All Parties on 2/25/13. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/01/2013)

03/04/2013 199 MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement . Document filed by Marshalll W. Collins, Gary

I Dannenberg, Theodore Koler, Elmer Walker.(Scolnick, Judith) (Entered: 03/04/2013)

03/04/2013 200 DECLARATION of Judith S. Scolnick in Support re: 199 MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement .. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Attachments: # 1 Exhibit A to Declaration (Revised Stipulation), # 2 Exhibit A to Revised Stipulation, # 3 Exhibit A-1 to Revised Stipulation, # 4 Exhibit A-2 to Revised Stipulation, # 5 Exhibit A-3 to Revised Stipulation, # 6 Exhibit B to Revised Stipulation, # 7 Exhibit B to Declaration, # 8 Exhibit C to Declaration)(Scolnick, Judith) (Entered: 03/04/2013)

03/04/2013 201 MEMORANDUM OF LAW in Support re: 199 MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement .. Document filed by Marshalll W. Collins, Gary Dannenberg, Theodore Koler, Elmer Walker. (Scolnick, Judith) (Entered: 03/04/2013)

03/07/2013 202 ORDER PRELIMINARY APPROVING REVISED SETTLEMENT AND PROVIDING FOR NOTICE: The Court hereby preliminarily approves the Revised Stipulation and the Settlement set forth therein, subject to further consideration at the Final Approval Settlement Hearing described below. A hearing (the "Final Approval Settlement Hearing") shall be held before this Court on June 14, 2013 at 3:00 p.m. at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, to determine whether the proposed Settlement of the Litigation on the terms and conditions provided for in the Stipulation should be approved by the Court as fair, reasonable and adequate to the Class Members; whether, thereafter, the Litigation should be dismissed with prejudice; whether the proposed Plan of Distribution, as set forth in § IX of the Notice of Pendency and Proposed Settlement of Class Action (the "Notice"), is fair,reasonable and adequate and therefore should be approved; whether the Class should be certified pursuant to Federal Rules of Civil Procedure 23(a) and (b)(3); and whether the application of Lead Plaintiffs for payment of costs and expenses (including, but not limited to, lost wages, if any) and of Plaintiffs' Lead Counsel for the payment of attorneys' fees and expenses incurred in connection with the Litigation should be approved. The Court may adjourn the Final Approval Settlement Hearing without further notice to Class Members. All other provisions as further set forth in this order. ( Settlement Conference set for 6/14/2013

at 03:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 3/5/2013) (js) (Entered: 03/07/2013)

03/11/2013 203 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/25/2013 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. 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 it may be obtained through PACER. Redaction Request due 4/4/2013. Redacted Transcript Deadline set for 4/15/2013. Release of Transcript Restriction set for 6/13/2013.(Rodriguez, Somari) (Entered: 03/11/2013)

03/11/2013 204 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/25/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/11/2013)

03/11/2013 205 MOTION to Enforce Judgment Motion for Order Enforcing Plan Sanction Order of the Alberta Court. Document filed by Ernst & Young Inc.. Return Date set for 4/12/2013 at 04:00 PM. (Attachments: # 1 Motion)(Coleman, Ken) (Entered: 03/11/2013)

03/11/2013 206 MEMORANDUM OF LAW in Support re: 205 MOTION to Enforce Judgment Motion for Order Enforcing Plan Sanction Order of the Alberta Court .. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/11/2013)

03/11/2013 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference I held on 3/11/2013. (Kotowski, Linda) (Entered: 03/12/2013)

03/12/2013 207 MEMO ENDORSEMENT ON SUPPLEMENTAL AGREEMENT REGARDING CLAUSE 6.2 OF THE REVISED STIPULATION re: the Settling Parties have caused this Supplemental Agreement to be executed, by their duly authorized attorneys, dated March 4, 2013. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/11/2013) (rsh) (Entered: 03/12/2013)

03/13/2013 208 AFFIDAVIT OF SERVICE of Motion to Enforce the Plan Sanction Order of the Alberta Court, and Memorandum of Law in Support served on All Parties on 3/11/13. Service was made by Mail. Document filed by Ernst & Young Inc.. (Coleman, Ken) (Entered: 03/13/2013)

03/13/2013 209 ORDER OF WITHDRAWAL OF JAMES J. BEHA II: Upon consideration of the request to withdraw by James J. Beha II, this Court orders that James J. Beha II, be withdrawn from this case, and further orders that Mr. Beha be removed from the Court's electronic service list. So Ordered (Signed by Judge Jed S. Rakoff on 3/15/2013) (js) (Entered: 03/13/2013)

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