Plaintiff-Appellants Louis Peters and Herbert Silverberg (“Plaintiffs”) appeal the district court’s dismissal of their shareholder derivative action against * The Clerk is respectfully instructed to amend the caption as set forth above.

Regardless, the Special Committee ultimately issued a report adopting Akin Gump’s conclusions that Kodak’s officers and directors committed no wrongdoing in connection with either the June 23 trades or the July 27 stock option awards.

Both actions in the federal district court were consolidated before Chief Judge Wolford under the caption In re Eastman Kodak Company Derivative Litigation.

Based on the parties’ respective submissions, the district court found that the Special Committee made its decision to reject Plaintiffs’ shareholder demands reasonably and in good faith.

In particular, at oral argument, in response to Kodak’s assertion that any disputed issue of material fact as to the independence of the Special Committee would have to be resolved at trial, Plaintiffs’ counsel disagreed.

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 16th day of November, two thousand twenty-two.

José A. Cabranes, Before:

Les Investissements Kiz Inc., Lead Plaintiff, UAT Trading Service, Inc., Lead Plaintiff, Plaintiffs - Appellants,

Appellants move for removal of this matter from the Expedited Appeals Calendar and for an extension of time to February 8, 2023 to file their principal brief.

IT IS HEREBY ORDERED that the motion is GRANTED, absent objection.

Docket Number(s): ________________________________________ _______________Caption [use short title]_____________________ In re Eastman Kodak Company Securities Removal of Appeal from XAC and Motion for: ______________________________________________ Litigation Extension of Filing Deadline

My firm serves as Lead Counsel in this matter, along with Kaplan Fox & Kilsheimer LLP, who represents Plaintiff-Appellant UAT Trading Service, Inc. (“UAT”) (together, with Les Investissements Kiz, “Plaintiffs-Appellants”).

Local Rule 31.2(b)(2) provides in part that “[p]romptly after receipt of [a Notice of Expedited Appeal], any party, for good cause shown, may move to remove the case from the XAC.

The operative complaint is 67 pages long with 211 numbered paragraphs, incorporates numerous documents by reference, and is subject to heightened pleading standards.

Because the record in this case is relatively complex, presenting multiple legal and factual issues, counsel believes good cause exists to remove this appeal from the XAC.

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 26th day of January two thousand twenty-three,

Les Investissements Kiz Inc., Lead Plaintiff, UAT Trading Service, Inc., Lead Plaintiff, lllllllllllllllllllllPlaintiffs - Appellants, Tiandong Tang, individually and on behalf of all others similarly situated, Margaretha Welkhammer, Jimmie A. McAdams, Individually and on Behalf of All Others Similarly Situated, Judy P. McAdams, Individually and on Behalf of All Others Similarly Situated, Herbert Silverberg, Derivatively on Behalf of Nominal Defendant Eastman Kodak Company, lllllllllllllllllllllPlaintiffs,

The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42.

The stipulation is hereby "So Ordered".

For The Court: Catherine O'Hagan Wolfe, Clerk of Court

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 26th day of January two thousand twenty-three,

Les Investissements Kiz Inc., Lead Plaintiff, UAT Trading Service, Inc., Lead Plaintiff, lllllllllllllllllllllPlaintiffs - Appellants, Tiandong Tang, individually and on behalf of all others similarly situated, Margaretha Welkhammer, Jimmie A. McAdams, Individually and on Behalf of All Others Similarly Situated, Judy P. McAdams, Individually and on Behalf of All Others Similarly Situated, Herbert Silverberg, Derivatively on Behalf of Nominal Defendant Eastman Kodak Company, lllllllllllllllllllllPlaintiffs,

The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42.

The stipulation is hereby "So Ordered".

For The Court: Catherine O'Hagan Wolfe, Clerk of Court

Case 22-2788, Document 93, 01/26/2023, 3459264, Page1 of 1 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S.

Courthouse 40 Foley Square New York, NY 10007

Date: January 26, 2023 Docket #: 22-2788cv Short Title: In re Eastman Kodak Company Securities Litigation

The case manager assigned to this matter has been changed.

interest at the rate of dollars ($ %, plus post judgment interest at the rate of recover from the the amount of ), which includes prejudgment % per annum, along with costs.

other: Kodak’s motion to dismiss or for summary judgment is granted to the extent that it grants summary judgment on all of the claims set forth herein pursuant to the NJBCA.

The Clerk of Court is directed to enter judgment and close the case.

This action was (check one): tried by a jury with Judge rendered a verdict.

decided by Judge Elizabeth A. Wolford summary judgment in favor of Kodak.

The parties have cited no case law addressing this specific issue, and the Court has found none in its own research.

Contact Information for Lead Counsel/Pro Se Party is: ( ) Correct ( ) Incorrect or Incomplete.

As an e-filer, I have updated my contact information in the PACER AManage My Account@ screen.

The short title, docket number, and citation are: ( ) Matters related to this appeal or involving the same issue have been or presently are before this Court.

The short titles, docket numbers, and citations are:

If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record: Type or Print Name: