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

Upon plaintiffs’ Motion to Admit Counsel Pro Hac Vice (Docket # 118), dated December 16, 2022, and the supporting Affidavit of Hadley E. Lundback, sworn to on December 14, 2022, seeking the admission of Geoffrey C. Jarvis, pro hac vice, in order to appear and participate in the above-captioned matter on behalf of plaintiffs, and good cause having been shown, it is hereby ORDERED, that the application of Geoffrey C. Jarvis to be admitted pro hac vice, is GRANTED; and it is further ORDERED, that Geoffrey C. Jarvis is admitted pro hac vice to this Court for the purpose of representing plaintiff in this lawsuit.

The admission fee has been paid to the Clerk of the Court.

Dated: Rochester, New York December 20, 2022 s/Marian W. Payson

United States Magistrate Judge

Plaintiff, Index No. 603886-22 -against- | Preliminary Conference | Stipulation and Order

_ Defendant, eeeemaaaranan anne enaaon onasane mummers frentemanamcnnem nearatnnx (Section 202.8{f] and 202.12 of the Uniform Rules) itis hereby STIPULATED and ORDEREDthatdisclosure shall proceed as follows: 1) Bill of Particulars and Discovery and Inspection: (a) All Demands for Discovery and Inspection and/or Demand for Bill ofParticulars shail be served on or before December 2, 2022.

(b) Depositions of non-party witnesses shall not be noticed until the conclusion ofall party depositions unless otherwise agreed byall party(ies) or ordered bythe Court.

FILED: NASSAU COUNTY CLERK 12/12/2022 12:05 PI he 7) All dispositive motions shall be made on or before November 3, 2023.

8) Trial: (a) This matter is hereby set down fora trial on June 3, 2024, (b) All pre-trial filings and submissions (includingtrial notebooks), jury selection, if appropriate, and marking exhibits shall be on May20, 2024.

Index No. 603886/2022 Preliminary Conference Stipulation and Order (Section 202.8[f] and 202.12 of the Uniform Rules) (All items on the form must be completed unless inapplicable.)

(i) By entering into this Preliminary Conference Stipulation and Order, each signatory hereto represents that, prior to this date, they have complied with Rule 8 of the Uniform Commercial Division Rules (22 NYCRR 202.70) by having met and conferred with regard to all ESI related discovery issues and that they have entered into a preliminary written plan/stipulation for the preservation of ESI related documents, data and tangible things reasonably anticipated to be subject to discovery in this action.

The failure to comply herewith may result in appropriate sanctions or such other relief as the court may be authorized to impose or award, including but not limited to precluding use of evidence, taking adverse inferences, and/or rendering judgment in whole or part against the offending party(ies).

__x___ The following format, as agreed by the parties, with regard to the following data: PDF, provided that PDFs are separated on a document-by-document basis and include Bates stamps.

All pre-trial filings and submissions (including trial notebooks), jury selection, if appropriate, and marking exhibits pursuant to Rules 28, 29, 31 and 32 (22 NYCRR 202.70) shall be on __________, at 9:30 A.M.

If none, leave blank.

Laboratories, Inc. and Defendant Townhouse Operating Co., LLC d/b/a Townhouse Center for Rehabilitation and Nursing (individually a “Party” and collectively “Parties”), for the entry of a protective order pursuant to CPLR 3103(a), limiting the review, copying, dissemination and filing of confidential and/or proprietary documents and information to be produced by any Party and their respective counsel or by any non-party in the course of discovery in this matter to the extent set forth below; the Parties, being “covered entities” as defined in 45 C.F.R. § 160.103, under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and being in possession of documents and information which may be responsive to document requests or otherwise relevant to the this Action and which may contain or constitute “protected health information” (“PHI”), as defined in 45 C.F.R. § 160.103; and the Parties, by, between and among their respective counsel, having stipulated and agreed to the terms set forth herein, and good cause having been shown; IT IS hereby ORDERED that: 3680172.1

This Stipulation is being entered into to facilitate the production, exchange and discovery of documents and information that the Parties and, as appropriate, non-parties, agree merit confidential treatment (hereinafter the “Documents” or “Testimony”).

Counsel shall maintain copies of the forms signed by persons acknowledging their obligations under this Stipulation for a period of three (3) years after the termination of this action, including any appeals.

This Stipulation may be changed by further order of this Court, and is without prejudice to the rights of a Party to move for relief from any of its provisions, or to seek or agree to different or additional protection for any particular material or information.

Such notification must (i) be made in writing, (ii) identify the production numbers of the Protected Information, and (iii) describe in reasonable detail the basis for the assertion of privilege or other immunity from discovery.

The court has ordered that (check one):

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

the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) recover costs from the plaintiff (name)

tried by a jury with Judge rendered a verdict.

Elizabeth A. Wolford on a motion for dismissal

30, 2021) (“[O]pinions, although sincerely held and otherwise true - 14 - Case 6:21-cv-06418-EAW Document 202 Filed 09/27/22 Page 15 of 34 as a matter of fact, may nonetheless be actionable if the speaker omits information whose ...

Applying these legal principles, the Court agrees with Defendants that none of the specific statements allegedly made by Kodak and Continenza are actionable under § 10(b) and Rule 10b-5(b).

None of these conditions are satisfied here.

Honorable Elizabeth A. Wolford Civ.

RULE 83.2(c) LOUIS PETERS, Derivatively on Behalf of Nominal Defendant EASTMAN KODAK

PLEASE TAKE NOTICE, that, pursuant to Local Rule 83.2(c), movant James V. Continenza hereby respectfully moves this Court for an Order permitting withdrawal of Katherine J. Berris in the above-captioned action.

As of September 2, 2022, Ms. Berris will no longer be employed by Paul Hastings LLP, and Mr. Continenza consents to the withdrawal of Ms. Berris.

Accordingly, Ms. Berris respectfully requests that her withdrawal as counsel be granted and she be removed from this action’s electronic case filing (ECF) service list.

Upon defendant, Richard Todd Bradley’s, Motion to Admit Counsel Pro Hac Vice (Docket # 96), dated July 27, 2022, and the supporting Affidavit of Jeff G. Hammel, sworn to on July 19, 2022, seeking the admission of Benjamin A. Naftalis, pro hac vice, in order to appear and participate in the above-captioned matter on behalf of defendant, Richard Todd Bradley and good cause having been shown, it is hereby ORDERED, that the application of Benjamin A. Naftalis to be admitted pro hac vice, is GRANTED; and it is further ORDERED, that Benjamin A. Naftalis is admitted pro hac vice to this Court for the purpose of representing defendant, Richard Todd Bradley, in this lawsuit.

The admission fee has been paid to the Clerk of the Court.

United States Magistrate Judge

P. Rules 26(c) and 29 and subjectto the approvalof the Court, that the following stipulation and order (the “Stipulation”) shall govern the handling of confidential and proprietary information produced, given, exchanged,orfiled by or amongthe parties and any non-parties to this action during the proceedingsin this Litigation.

Case 6:21-cv-06621-EAW-MWP_ Document 92 Filed 07/12/22 Page 5 of 22 5, Confidential Material designated as “Confidential” may be disclosed, summarized or otherwise communicated in wholeorin part only to the following persons, who may make use of such information only in connection with this Litigation:

Theparties or officers, directors, partners, or employees of the parties hereto to the extent reasonably necessary for those persons to perform duties related to this Litigation, after advising them specifically of the obligations of confidentiality imposedbythis Stipulation;

Any non-party witness who has been subpoenaed to provide deposition or trial testimony, in connection with preparation for that deposition ortrial, by counsel for Case 6:21-cv-06621-EAW-MWP_ Document 92 Filed 07/12/22 Page 6 of 22 that witness where such counsel believes in good faith that such disclosure is reasonably necessary to prepare the deponentor witnessto testify or be questioned, who has confirmedhis or her understanding and agreementto abide by the termsofthis Stipulation by signing a copy of Exhibit A hereto;

If the Receiving Party wants to challenge the claw back of the disclosed information or the claim of privilege or immunity from disclosure, it must return the material, and then confer in goodfaith.

Further to a telephone status conference having been held with this Court on July 12, 2022, it is ORDERED, that counsel shall submit to this Court a joint written status report by no later than 14 days after the district court’s decision on defendant Eastman Kodak Company’s anticipated motion to dismiss.

United States Magistrate Judge