Read In Re: Hovnanian Enterprises, Inc. Securities Litigation 08-CV-00999-U.S. District Court Civil Docket text version

US District Court Civil Docket as of 09/17/2009 Retrieved from the court Thursday, September 17, 2009

U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:08-cv-00999-SDW-MCA

IN RE: HOVNANIAN ENTERPRISES, INC. SECURITIES LITIGATION Assigned to: Susan D. Wigenton Referred to: Magistrate Judge Madeline C. Arleo Cause: 15:78m(a) Securities Exchange Act In Re IN RE HOVNANIAN ENTERPRISES, INC., SECURITIES LITIGATION

Date Filed: 02/25/2008 Jury Demand: Plaintiff Nature of Suit: 430 Banks and Banking Jurisdiction: Federal Question

represented by ELLEN BLANCHE UNGER LOWENSTEIN SANDLER PC 65 LIVINGSTON AVENUE ROSELAND , NJ 07068 973-597-6368 TERMINATED: 12/11/2008 ATTORNEY TO BE NOTICED

Plaintiff HERBERT MANKOFSKY represented by WILLIAM C. CAGNEY WINDELS, MARX, LANE & MITTENDORF, LLP 120 ALBANY STREET PLAZA NEW BRUNSWICK , NJ 08901 (732) 846-7600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED SANDY L. GALACIO , JR. WINDELS MARX LANE & MITTENDORF LLP 120 ALBANY STREET PLAZA 6TH FLOOR NEW BRUNSWICK , NJ 08901 732-448-2595 Fax: 732-846-8877 Email: [email protected] Plaintiff Jeffrey S. Buffoni Revocable Trust represented by WILLIAM C. CAGNEY (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant J LARRY SORSBY represented by DOUGLAS SCOTT EAKELEY LOWENSTEIN SANDLER PC 65 LIVINGSTON AVENUE ROSELAND , NJ 07068-1791 (973) 597-2500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ELLEN BLANCHE UNGER (See above for address) TERMINATED: 12/11/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED KEVIN MICHAEL BRENNAN LOWENSTEIN SANDLER PC 65 LIVINGSTON AVENUE ROSELAND , NJ 07068 973-597-2500 Email: [email protected] ATTORNEY TO BE NOTICED Defendant HOVNANIAN represented by ELLEN BLANCHE UNGER (See above for address) TERMINATED: 12/11/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED KEVIN MICHAEL BRENNAN (See above for address) ATTORNEY TO BE NOTICED Defendant ARA HOVNANIAN represented by ELLEN BLANCHE UNGER (See above for address) TERMINATED: 12/11/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

KEVIN MICHAEL BRENNAN (See above for address) ATTORNEY TO BE NOTICED Defendant BRUCE ROBB represented by CHRISTOPHER M. STRONGOSKY DLA PIPER US LLP 1251 AVENUE OF THE AMERICAS NEW YORK , NY 10020-1104 (212) 335-4500 Fax: (212) 335-4501 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED JAMIE LEVITT MORRISON & FOERSTER LLP 1290 AVENUE OF THE AMERICAS NEW YORK , NY 10104 212-468-8000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/25/2008

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Docket Text Certified Copy of Transfer Order and docket received, Case transferred in from District of CENTRAL DISTRICT OF CALIFORNIA(WESTERN DIVISION); Case Number CV07-05994 ODW (JWjx). Original file with documents numbered 1-25(Calif Docket Sht), certified copy of transfer order and docket sheet received., filed by HERBERT MANKOFSKY.(dr, ) (Additional attachment(s) added on 3/11/2008: # 1 TRANSFER ORDER, # 2 US DIST CT OF CALIFORNIA DOCKET SHT, # 3 COMPLAINT, # 4 SUMMONS, # 5 CIV COV SHT, # 6 APPL OF MICHAEL J. CHEPIGA, # 7 APPL OF ZACHARY FEINGOLD, # 8 CERT AND NTC OF INTERESTED PARTIES, # 9 DEFT J. LARRY SORSBY'S RESPONSE TO MOTION, # 10 PROOF OF SRV, # 11 DECL OF MICHAEL GOLDBERG, # 12 EXH A TO DECL OF MICHAEL GOLDBERG, # 13 MEM OF POINTS, # 14 NTC OF MOTION OF HERBERT MANKOFSKY, # 15 NTC TO PARTIES OF ADR PILOT PROGRAM, # 16 CERT AND NTC OF INTERESTED PARTIES) (dr, ). (Entered: 02/27/2008) AMENDED COMPLAINT , captioned pursuant to order of transferor court, U.S.D.C., C.D.Ca., IN RE HOVNANIAN ENTERPRISES, INC. SECURITIES LITIGATION and naming defendants Hovnanian Enterprises, Inc., Ara Hovnanian, J. Larry Sorsby, and Bruce Robb, against all defendants all defendants., filed by HERBERT MANKOFSKY.(CAGNEY, WILLIAM) (Entered: 03/10/2008)

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CERTIFICATE OF SERVICE by HERBERT MANKOFSKY re 27 Amended Complaint, service via email upon Zachary A. Feingold, Simpson Thacher & Barlett LLP (CAGNEY, WILLIAM) (Entered: 03/18/2008) ORDER REASSIGNING CASE. Case reassigned to Judge Susan D. Wigenton and Magistrate Judge Madeline C. Arleo for all further proceedings. Judge Judge Stanley R. Chesler, Magistrate Judge Michael A. Shipp no longer assigned to case. Signed by Chief Judge Garrett E. Brown, Jr. on 3/19/08. (cs, ) (Entered: 03/24/2008) NOTICE of Appearance by ELLEN BLANCHE UNGER on behalf of J LARRY SORSBY, IRA HOVNANIAN & HOVNANIAN ENTERPRISES (UNGER, ELLEN) Modified on 4/4/2008 (nr, ). (Entered: 03/25/2008) NOTICE of Appearance by DOUGLAS SCOTT EAKELEY on behalf of J LARRY SORSBY, IRA HOVNOVIAN & HOVNAVIAN ENTERPRISES (EAKELEY, DOUGLAS) Modified on 4/4/2008 (nr, ). (Entered: 03/25/2008) STIPULATION AND ORDER extending time to respond to amended complt. for period of 70 days from this order. Signed by Magistrate Judge Madeline C. Arleo on 04/07/2008. (nr, ) (Entered: 04/07/2008) Mail Returned as Undeliverable. (nr, ) (Entered: 04/14/2008) Summons Issued as to BRUCE ROBB. Days Due - 20. (picked up by messenger) (sr, ) (Entered: 05/22/2008) AFFIDAVIT of Service for Return of Service of Summons and Amended Complaint served on Bruce Robb on 05/26/08, filed by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 06/10/2008) STIPULATION AND ORDER extending deft's time to respond to amended complt.. Signed by Magistrate Judge Madeline C. Arleo on 06/12/2008. (nr, ) (Entered: 06/16/2008) Letter from Defendants Regarding Grant of Page Extension. (UNGER, ELLEN) (Entered: 07/14/2008) STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT by BRUCE ROBB. (STRONGOSKY, CHRISTOPHER) (Entered: 07/14/2008) MOTION to Dismiss the Amended Class Action Complaint by ARA HOVNANIAN, J LARRY SORSBY, IN RE HOVNANIAN ENTERPRISES, INC., SECURITIES LITIGATION. Responses due by 8/28/2008 (Attachments: # 1 Brief, # 2 Brief Appendix A, # 3 Certification Ellen B. Unger, # 4 Exhibit 1- Unger Certification, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49 Declaration Timothy P. Graney, # 50

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Text of Proposed Order, # 51 Certificate of Service)(UNGER, ELLEN) (Entered: 07/14/2008) 07/14/2008 Set Deadlines as to 39 MOTION to Dismiss the Amended Class Action Complaint. Motion Hearing set for 8/18/2008 10:00 AM before Susan D. Wigenton. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTEHRWISE NOTIFIED BY THE COURT) (Entered: 07/17/2008) 40 41 ORDER admitting Michael J. Chepiga and Lynn K. Neuner pro hac vice. Signed by Magistrate Judge Madeline C. Arleo on 07/15/2008. (nr, ) (Entered: 07/17/2008) STIPULATION AND ORDER extending deft's time to respond to amended complt.,. Signed by Magistrate Judge Madeline C. Arleo on 08/15/2008. (nr, ) (Entered: 07/17/2008) MOTION to Dismiss the Amended Class Action Complaint by BRUCE ROBB. Responses due by 9/11/2008 (Attachments: # 1 Brief In Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(STRONGOSKY, CHRISTOPHER) (Entered: 07/28/2008) Set Deadlines as to 42 MOTION to Dismiss the Amended Class Action Complaint. Motion Hearing set for 9/2/2008 10:00 AM before Susan D. Wigenton. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 07/31/2008) Pro Hac Vice fee: $ 300, receipt number 200353007 RE Michael Chepiga/Lynn Neuner (nr, ) (Entered: 08/05/2008) 43 STIPULATION ---PROPOSED--- Stipulation and Order Extending Time To Respond To Motion To Dismiss, executed by counsel of record on August 14, 2008, by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 08/15/2008) Notice of Request by Pro Hac Vice Lynn K. Neuner to receive Notices of Electronic Filings. (UNGER, ELLEN) (Entered: 08/19/2008) STIPULATION AND ORDER that Lead Pltf will file his opposition papers no later than 9/11/08; undersigned defts will file their reply papers no later than 10/13/08. Signed by Susan D. Wigenton on 8/18/08. (jd, ) (Entered: 08/21/2008) MOTION for Leave to Appear Pro Hac Vice by BRUCE ROBB. (Attachments: # 1 Certification of Jamie Levitt, # 2 Certification of Jack C. Auspitz, # 3 Certification of Stacy L. Kaplan, # 4 Proposed Order, # 5 Certificate of Service)(LEVITT, JAMIE) (Entered: 09/04/2008) Set Deadlines as to 46 MOTION for Leave to Appear Pro Hac Vice. Motion Hearing set for 10/6/2008 10:00 AM before Susan D. Wigenton. (nr, )PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 09/05/2008) 47 48 ORDER admitting Sara A. Ricciardi pro hac vice. Signed by Magistrate Judge Madeline C. Arleo on 09/08/2008. (nr, ) (Entered: 09/10/2008) ORDER granting 46 Motion for Jack C. Auspitz and Stacey L. Kaplan to Appear Pro

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Hac Vice. Signed by Magistrate Judge Madeline C. Arleo on 09/08/2008. (nr, ) (Entered: 09/10/2008) 09/11/2008 09/11/2008 49 Letter from William C. Cagney, Esq.. (GALACIO, SANDY) (Entered: 09/11/2008)

50 MEMORANDUM in Opposition re 42 MOTION to Dismiss the Amended Class Action Complaint submitted on behalf of defendant Bruce Robb, filed by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 09/11/2008) 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint by HERBERT MANKOFSKY. (Attachments: # 1 Certification DECLARATION OF LIONEL Z. GLANCY IN SUPPORT OF PLAINTIFF'S OBJECTIONS TO AND MOTION TO STRIKE EVIDENCE OFFERED IN SUPPORT OF PLAINTIFF'S MOTION TO DISMISS, # 2 Exhibit Exhibits to Glancy Certification, # 3 Brief Memorandum in Support of Plaintiff's Cross-Motion to Strike Evidence Offered in Support of Defendants' Motion to Dismiss, # 4 Text of Proposed Order [proposed] Order Granting Plaintiff's Cross-Motion to Strike Evidence Offered in Support of Defendants' Motion to Dismiss)(CAGNEY, WILLIAM) (Entered: 09/11/2008)

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09/11/2008

52 CERTIFICATION in Opposition re 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint Certification of Marc L. Godino in Support of Request for Leave to Amend filed by HERBERT MANKOFSKY. (Attachments: # 1 Exhibit Exhibit 1 to Godino Certification, # 2 Exhibit Exhibit 2 to Godino Certification (audio CD submitted to Chambers of USDJ SDW)(CAGNEY, WILLIAM) (Entered: 09/11/2008) 53 CERTIFICATION in Opposition re 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint --Certification of Tiffany Wu in opposition to defendants' motions to dismiss, in support of plaintiff's cross motion to strike evidence, and in support of plaintiff's request for leave to amend filed by HERBERT MANKOFSKY. (Attachments: # 1 Exhibit A,, # 2 Exhibit B,, # 3 Exhibit C,, # 4 Exhibit D,, # 5 Exhibit E,, # 6 Exhibit E,, # 7 Exhibit G,, # 8 Exhibit H,)(CAGNEY, WILLIAM) (Entered: 09/11/2008) 54 MEMORANDUM in Opposition re 39 MOTION to Dismiss the Amended Class Action Complaint ---PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS THE AMENDED CLASS ACTION COMPLAINT SUBMITTED ON BEHALF OF HOVNANIAN ENTERPRISES, INC., ARA HOVNANIAN AND J. LARRY SORSBY filed by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 09/11/2008) 55 RESPONSE in Opposition re 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint , Request for Judicial Notice In Support of Plaintiff's Opposition to Defendants' Motion to Dismiss filed by HERBERT MANKOFSKY. (Attachments: # 1 Exhibit pages 1-77, # 2 Exhibit pages 78-153, # 3 Exhibit pages 154-193, # 4 Exhibit pages 194-256, # 5 Exhibit pages 257-326, # 6 Exhibit pages 327-387, # 7 Exhibit pages 388-427, # 8 Exhibit pages 428457)(GALACIO, SANDY) (Entered: 09/11/2008) Set Deadlines as to 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint. Motion Hearing set for 10/6/2008 10:00 AM before Susan D.

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Wigenton. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 09/12/2008) 09/16/2008 56 CERTIFICATION in Opposition re 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint, 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint Amended Certification of Tiffany Wu with corrected exhibit references, in opposition to defendants' motion to dismiss, in support of plaintiff's cross-motion to strike evidence, and in support of plaintiff's request for leave to amend filed by HERBERT MANKOFSKY. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(GALACIO, SANDY) (Entered: 09/16/2008) 57 ORDER admitting Lionel Z. Glancy, Marc L. Godino, Ira M. Press and Randall K. Berger pro hac vice. Signed by Magistrate Judge Madeline C. Arleo on 09/10/2008. (nr, ) (Entered: 09/18/2008) Pro Hac Vice fee: $ 150, receipt number 300368230 Sara Ricciardi (nr, ) Modified on 9/23/2008 (nr, ). (Entered: 09/22/2008) Pro Hac Vice fee: $ 300, receipt number 200353655 re Stacy Kaplan/Jack Auspitz (nr, ) (Entered: 09/22/2008) 58 Certification of William S. Cagney, Esq. on behalf of HERBERT MANKOFSKY Re 50 Memorandum in Opposition of Motion, 51 Motion to Strike,, 55 Response in Opposition to Motion,, 54 Memorandum in Opposition of Motion, 52 Certification in Opposition to Motion, 53 Certification in Opposition to Motion,,. (GALACIO, SANDY) (Entered: 09/22/2008) Notice of Request by Pro Hac Vice Sara A. Ricciardi to receive Notices of Electronic Filings. (UNGER, ELLEN) (Entered: 09/23/2008) CERTIFICATION in Support re 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint Signed Certification of Lionel Z. Glancy, Esq. in support of Cross-Motion to Strike Evidence filed by HERBERT MANKOFSKY. (GALACIO, SANDY) (Entered: 09/25/2008) Pro Hac Vice fee: $ 150, receipt number 20353739 Re Randall K. Berger (nr, ) (Entered: 09/30/2008) Pro Hac Vice fee: $ 150, receipt number 200353740 re Ira M. Press (nr, ) (Entered: 09/30/2008) Consistent with the Court's Electronic Case Filing Policies and Procedures, Counsel must provide courtesy copies of all motion papers, briefs, exhibits, etc. to Chambers. (ak, ) (Entered: 09/29/2008) 61 STIPULATION re 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended

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Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint, 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint Stipulation and Order Modifying Briefing Schedule by HERBERT MANKOFSKY. (GALACIO, SANDY) (Entered: 09/30/2008) 10/07/2008 62 STIPULATION and Order Modifying Briefing Schedule as to defendant Bruce Robb, electronically filed by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 10/07/2008) STIPULATION AND ORDER modifying briefing schedule. Signed by Susan D. Wigenton on 10/10/2008. (nr, ) (Entered: 10/14/2008) STIPULATION AND ORDER extending Mr. Robb's time to file a reply in support of this motion to dismiss to 10/28/2008. Signed by Susan D. Wigenton on 10/10/2008. (nr, ) (Entered: 10/14/2008) Pro Hac Vice fee: $ 150, receipt number 200354029 re Lionel Z. Glancy (nr, ) (Entered: 10/20/2008) Pro Hac Vice fee: $ 150, receipt number 200354028 re Marc L. Godino (nr, ) (Entered: 10/20/2008) 65 66 Notice of Request by Pro Hac Vice Stacy L. Kaplan to receive Notices of Electronic Filings. (LEVITT, JAMIE) (Entered: 10/28/2008) REPLY BRIEF to Opposition to Motion re 42 MOTION to Dismiss the Amended Class Action Complaint filed by BRUCE ROBB. (LEVITT, JAMIE) (Entered: 10/28/2008)

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67 MEMORANDUM in Opposition re 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint filed by ARA HOVNANIAN, J LARRY SORSBY, IN RE HOVNANIAN ENTERPRISES, INC., SECURITIES LITIGATION. (Attachments: # 1 Certificate of Service)(UNGER, ELLEN) (Entered: 10/28/2008) 68 REPLY BRIEF to Opposition to Motion re 39 MOTION to Dismiss the Amended Class Action Complaint filed by ARA HOVNANIAN, J LARRY SORSBY, IN RE HOVNANIAN ENTERPRISES, INC., SECURITIES LITIGATION. (Attachments: # 1 Certificate of Service)(UNGER, ELLEN) (Entered: 10/28/2008) REPLY BRIEF to Opposition to Motion re 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint, 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint Reply Memorandum of Law In Futher Support of Plaintiff's Cross-Motion to Strike Evidence Offered In Support of Defendants' Motion to Dismiss filed by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 11/14/2008) STATEMENT of Disclosure Pursuant to Rule 7.1 by HOVNANIAN. (UNGER, ELLEN) (Entered: 12/02/2008)

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Corporate Disclosure Statement by IN RE HOVNANIAN ENTERPRISES, INC., SECURITIES LITIGATION identifying none as Corporate Parent.. (nr, ) (Entered: 12/11/2008) CLERK'S QUALITY CONTROL MESSAGE: ELLEN BLANCHE UNGER, does not have a correct e-mail address listed with the court and is not receiving his/her notices of electronic filing in this case. Pursuant to local rule 10.1 and court procedures, counsel and unrepresented parties are required to notify the court of any mailing or e-mail address changes. The court has deleted the invalid e-mail address. Attorneys should review the ECF link on our web site for information on maintaining your account and unrepresented parties, or those attorneys without access to maintaining their account, should notice the Clerk. (mem, ) (Entered: 12/10/2008)

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Letter from Douglas S. Eakeley. (EAKELEY, DOUGLAS) (Entered: 12/10/2008) NOTICE by HERBERT MANKOFSKY re 50 Memorandum in Opposition of Motion, 69 Reply Brief to Opposition to Motion,, 56 Certification in Opposition to Motion,,, 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint, 55 Response in Opposition to Motion,, 58 Certification, 54 Memorandum in Opposition of Motion, 52 Certification in Opposition to Motion, 60 Certification in Support of Motion, 53 Certification in Opposition to Motion,, NOTICE OF SUPPLEMENTAL AUTHORITY SUBMITTED BY LEAD PLAINTIFF (CAGNEY, WILLIAM) (Entered: 02/03/2009) Letter from Douglas S. Eakeley in Response to Lead Plaintiff's Notice of Supplemental Authority re 73 Notice (Other), Notice (Other), Notice (Other). (EAKELEY, DOUGLAS) (Entered: 02/05/2009) NOTICE of Appearance by KEVIN MICHAEL BRENNAN on behalf of HOVNANIAN, ARA HOVNANIAN, J LARRY SORSBY (BRENNAN, KEVIN) (Entered: 02/09/2009) RESPONSE in Opposition re 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint, 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE OF RECENTLY OBTAINED INFORMATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS filed by HERBERT MANKOFSKY. (Attachments: # 1 Exhibit 1, NCUA letter;, # 2 Exhibit 2a, warranty deed;, # 3 Exhibit 2b;, # 4 Exhibit 3b;, # 5 Exhibit 3b;, # 6 Exhibit 4a warranty deed;, # 7 Exhibit 4b;, # 8 Exhibit 5a warranty deed;, # 9 Exhibit 5b;, # 10 Exhibit 6;, # 11 Exhibit 7;, # 12 Exhibit 8;, # 13 Exhibit 9;, # 14 Exhibit 10;, # 15 Exhibit 11 Superseding Indictment;, # 16 Exhibit 12 verdict form;, # 17 Exhibit 13 transcript;, # 18 Exhibit 14;, # 19 Exhibit 15;, # 20 Exhibit 16;)(CAGNEY, WILLIAM) (Entered: 02/19/2009) RESPONSE in Support re 42 MOTION to Dismiss the Amended Class Action Complaint, 39 MOTION to Dismiss the Amended Class Action Complaint Memorandum of Law in Opposition to Plaintiff's Supplemental Request for Judicial

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Notice filed by HOVNANIAN, ARA HOVNANIAN, J LARRY SORSBY. (Attachments: # 1 Certificate of Service of Kevin M, Brennan)(EAKELEY, DOUGLAS) (Entered: 02/27/2009) 03/19/2009 78 TEXT ORDER. I am in receipt of plaintiff's counsel's letter of March 19, 2009 re discovery. No formal motions shall be filed on this issue. Instead, defendants shall respond to the letter by March 27, 2009; plaintiff shall respond by April 3, 2009. Papers shall be efiled, copy to chambers. A tel conf. is scheduled for April 8, 2009 at 3:30 p.m. Plaintiff's counsel shall initiate. ORDERED by Magistrate Judge Madeline C. Arleo on March 19, 2009. (Arleo, Madeline) (Entered: 03/19/2009) Notice of Request by Pro Hac Vice Randall K. Berger to receive Notices of Electronic Filings. (CAGNEY, WILLIAM) (Entered: 03/23/2009)

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80 Notice of Request by Pro Hac Vice Marc L. Godino to receive Notices of Electronic Filings. (CAGNEY, WILLIAM) (Entered: 03/23/2009) 81 82 83 Notice of Request by Pro Hac Vice Lionel Z. Glancy to receive Notices of Electronic Filings. (CAGNEY, WILLIAM) (Entered: 03/23/2009) Notice of Request by Pro Hac Vice Ira M. Press to receive Notices of Electronic Filings. (CAGNEY, WILLIAM) (Entered: 03/23/2009) Letter from Douglas S. Eakeley responding to Plaintiff's March 19, 2009 letter. (Attachments: # 1 Exhibit Wyeth Order)(EAKELEY, DOUGLAS) (Entered: 03/27/2009) STIPULATION re 50 Memorandum in Opposition of Motion, 69 Reply Brief to Opposition to Motion,, 66 Reply Brief to Opposition to Motion, 76 Response in Opposition to Motion,,,, 77 Response in Support of Motion, 67 Memorandum in Opposition of Motion, 68 Reply Brief to Opposition to Motion, 56 Certification in Opposition to Motion,,, 73 Notice (Other), Notice (Other), Notice (Other), 51 Cross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action ComplaintCross MOTION to Strike 39 MOTION to Dismiss the Amended Class Action Complaint, 55 Response in Opposition to Motion,, 58 Certification, 42 MOTION to Dismiss the Amended Class Action Complaint, 78 Order, 39 MOTION to Dismiss the Amended Class Action Complaint, 83 Letter, 54 Memorandum in Opposition of Motion, 52 Certification in Opposition to Motion, 60 Certification in Support of Motion, 53 Certification in Opposition to Motion,, i.e., STIPULATION AND [proposed] ORDER WITHDRAWING MOTION[s] TO DISMISS [and cross motion to strike, request and supplemental request for judicial notice, and request to lift discovery stay] AND SETTING BRIEFING SCHEDULE by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 03/30/2009) STIPULATION AND ORDER withdrawing motions, etc.. Signed by Susan D. Wigenton on 3/31/09. (ak, ) (Entered: 03/31/2009) STIPULATION re 85 Stipulation and Order , i.e., Stipulation and [proposed] Order for a Two-Week Extension of the Current Briefing Schedule, by HERBERT MANKOFSKY. (CAGNEY, WILLIAM) (Entered: 05/18/2009) STIPULATION AND ORDER directing pltf. to file a second amended complt. no later

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05/20/2009

87

than 6/12/2009 and setting a briefing schedule. Signed by Susan D. Wigenton on 05/20/2009. (nr, ) (Entered: 05/21/2009) 06/12/2009 88 AMENDED COMPLAINT , i.e., SECOND AMENDED COMPLAINT FOR VIOLATION OF THE SECURITIES EXCHANGE ACT OF 1934, against HOVNANIAN, ARA HOVNANIAN, BRUCE ROBB, J LARRY SORSBY, filed by Jeffrey S. Buffoni Revocable Trust, HERBERT MANKOFSKY.(CAGNEY, WILLIAM) (Entered: 06/12/2009) STIPULATION Stipulation and [Proposed] Order Extending Briefing Schedule by HOVNANIAN, ARA HOVNANIAN, J LARRY SORSBY. (EAKELEY, DOUGLAS) (Entered: 08/13/2009) STIPULATION AND ORDER extending briefing schedule on motion to dismiss. Signed by Susan D. Wigenton on 08/18/2009. (nr, ) (Entered: 08/21/2009) MOTION for Settlement Preliminary Approval of Class Action Settlements by HERBERT MANKOFSKY. (Attachments: # 1 Brief supporting motion for preliminary approval of settlement, # 2 Exhibit Stipulation of Settlement, # 3 Exhibit A to Stipulation of Settlement, # 4 Exhibit A-1 to Stipulation of Settlement, # 5 Exhibit A-2 to Stipulation of Settlement, # 6 Exhibit A-3 to Stipulation of Settlement, # 7 Exhibit B to Stipulation of Settlement)(GALACIO, SANDY) (Entered: 09/11/2009) RESPONSE to Motion re 91 MOTION for Settlement Preliminary Approval of Class Action Settlements and Defendants' Statement Regarding Plaintiffs' Motion for Entry of Order Granting Apllication For Preliminary Approval of Settlement, Directing Notice of Pendency and Settlement of Class Action and Setting Hearing Date For Final Approval of Settlement filed by HOVNANIAN, ARA HOVNANIAN, BRUCE ROBB, J LARRY SORSBY. (EAKELEY, DOUGLAS) (Entered: 09/11/2009) Set Deadlines as to 91 MOTION for Settlement Preliminary Approval of Class Action Settlements. Motion set for 10/5/2009 10:00 AM before Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) (Entered: 09/16/2009) TEXT ORDER resetting deadlines as to 91 MOTION for Settlement Preliminary Approval of Class Action Settlements.( Motion set for 10/7/2009 10:00 AM in Newark Courtroom 5C before Susan D. Wigenton; Appearance is necessary.). Signed by Susan D. Wigenton on 9/17/09. (ak, ) (Entered: 09/17/2009)

08/13/2009

89

08/20/2009 09/11/2009

90 91

09/11/2009

92

09/11/2009

09/17/2009

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In Re: Hovnanian Enterprises, Inc. Securities Litigation 08-CV-00999-U.S. District Court Civil Docket

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