Laura T. Swain United States District Court, 500 Pearl St. New York, NY 10007-1312 Re: Marcel Fashions Group Inc., v. Lucky Brand Dungarees, Inc. et al Civil No. 11-cv-5523 (LTS-RWL) Dear Judge Swain: As per your order, this letter is to update you on the status of the above-captioned case.

Since I am not personally involved in the case, I am not certain of that facts, so I reached out to Defendant’s Counsel at Kirkland & Ellis to find out the status of the matter.

If in fact the case was closed, I offered to enter into a stipulation of discontinuance with opposing counsel and finish the currently matter before your Honor.

Lucky Brand’s Counsel responded that they are researching the matter and will get back to me next week.

Based on the above, I am asking your Honor to extend the deadline for a few weeks to allow the parties to discovery the status and hopefully resolve the matter.

In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declaration of Bari R. Nadworny, of Baker & Hostetler LLP, Bari R. Nadworny is hereby withdrawn as counsel for Defendant Kevin Davis.

I, Bari R. Nadworny, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the following is true and correct: 1.

I am an associate with the law firm of Baker & Hostetler LLP, attorneys for Defendant Kevin Davis.

I am admitted to practice in this Court and respectfully submit this Declaration in support of the Proposed Order Granting Withdrawal of Appearance of Bari R. Nadworny.

Due to my departure from the firm, I will no longer be able to represent Defendant Kevin Davis in this matter.

individually and on behalf of all others similar situated, Plaintiffs, -against- KEVIN DAVIS and AMIR ROSENTHAL, Defendants.

PLEASE TAKE NOTICE that upon the declaration of Alice Buttrick below, Lead Plaintiff Plumbers and Pipefitters National Pension Fund (“Lead Plaintiff”) moves this Court for an Order allowing Alice Buttrick to withdraw as counsel for Lead Plaintiff.

In support of such notice and in conformance with Local Rule 1.4, undersigned counsel states the following:

Other attorneys at Cohen Milstein Sellers & Toll PLLC will continue to be counsel of record for Plumbers and Pipefitters National Pension Fund in this matter.

The Clerk of Court is instructed to terminate Alice Buttrick from the list of active counsel in this case.

Case 1:11-cv-05523-LTS-RWL Document 209 Filed 07/06/20 Page 2 of 3Case 1:11-cv-05523-LTS-RWL Document 210 Filed 07/07/20 Page 2 of 3 PLEASE BE ADVISED that, on July 3, 2020, Lucky Brand Dungarees, LLC (formerly Lucky Brand Dungarees, Inc.) and Lucky Brand Dungarees Stores, LLC (formerly Lucky Brand Dungarees Stores, Inc.) and certain of its affiliates (collectively, the “Debtors”)1 commenced bankruptcy cases in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) by filing voluntary petitions for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101-1532, et seq.

The Debtors’ chapter 11 cases are now pending before The Honorable Judge Christopher S. Sontchi, United States Bankruptcy Judge, and are being jointly administered for procedural purposes only under the caption In re Lucky Brand Dungarees, LLC, et al. Case No. 20-11768-CSS.

PLEASE BE FURTHER ADVISED that pursuant to Section 362 of the Bankruptcy Code, as of the commencement of the Debtors’ chapter 11 cases, the above-captioned action has been automatically stayed as against the Debtor-defendants.

In light of the Debtors’ chapter 11 filing and because of the central nature of the Debtor- defendants to the adjudication of the present matter, the Debtor-defendants request that the above- captioned case be stayed.

Plaintiff shall file a status report as of September 30, 2020, and each March 31 and September 30 thereafter, as to whether the case should be continued stayed, restored to the calendar in whole (upon a grant of relief from the automatic stay or termination of the bankruptcy proceedings) or in part, or dismissed.

Dear Judge Woods: This firm represents defendant Amir Rosenthal.

We respectfully submit this letter jointly with Baker & Hostetler LLP, counsel for defendant Kevin Davis (together with Rosenthal, “Defendants”).

Counsel for Lead Plaintiff United Association National Pension Fund, formerly known as Plumbers & Pipefitters National Pension Fund (“Lead Plaintiff”), Cohen Milstein Sellers & Toll PLLC, has reviewed this letter and consents to the request herein.

First, my partner Jason Rubinstein, who has played the leading role at our firm in connection with the proposed class settlement and documentation, is unavailable tomorrow afternoon due to a medical reason.

Second, Defendants and their insurers are in the process of addressing an issue that they would prefer to resolve before the 21-day clock on the insurers’ settlement funding obligation starts to run.

PENSION FUND, and JUAN FRANCISCO NIEVES, as Trustee of the Gonzalez Coronado Trust, Individually and on Behalf of All Others Similarly Situated,

PLEASE TAKE NOTICE that Lead Plaintiff United Association National Pension Fund,

f/k/a Plumbers & Pipefitters National Pension Fund (“UANPF” or “Lead Plaintiff”), on behalf of itself and each of the Settlement Class Members, moves this Court before the Honorable Gregory H. Woods for an order pursuant to Rule 23(e) of the Federal Rules of Civil Procedure (i) preliminarily approving the proposed Settlement; (ii) preliminarily certifying the Settlement Class for purposes of the Settlement; (iii) approving the form and manner of notice to Settlement Class Members; and (iv) scheduling a Final Approval Hearing on the Settlement and dismissal of the Action with prejudice upon the terms and conditions set forth in the Stipulation and Agreement of Settlement dated as of December 1, 2021, and on Lead Counsel’s motion for an award of attorneys’ fees and reimbursement of Litigation Expenses.

Carol V. Gilden 190 South LaSalle Street Suite 1705 Chicago, IL 60603 Tel.

Toll (pro hac vice) S. Douglas Bunch (SB-3028) Joshua C. Handelsman (pro hac vice) 1100 New York Avenue, N.W.

: PENSION FUND and JUAN FRANCISCO : NIEVES, As trustee of the Gonzalez Coronado : Trust, Individually and on behalf of all others : similarly situated, : : : : : : : : : KEVIN DAVIS and AMIR ROSENTHAL, Defendants.

GREGORY H. WOODS, United States District Judge: On June 19, 2020, the Court held an initial pretrial conference.

As stated on the record, the Court finds good cause to stay discovery.

The Court will hold a status conference on September 24, 2020 at 4:00 p.m.

The parties are directed to submit a joint status letter by no later than September 22, 2020.

The Court intends to reinstate the judgment entered on January 27, 2017 (docket entry no. 176, previously vacated by docket entry no. 183), and close the case in light of the Supreme Court’s decision in Marcel Fashions Group, Inc. v. Lucky Brands Dungarees, Inc., 140 S. Ct. 1589 (2020), and the Second Circuit’s Mandate (docket entry no. 205).

The parties are directed to meet and confer and file a joint statement by June 29, 2020, setting forth their respective objections, if any, to the Court’s planned disposition.

Dated: New York, New York June 19, 2020

United States District Judge

We write in response to the Court’s directive at its July 11, 2022 conference on Lead Plaintiff’s pending motion for preliminary approval of the proposed Settlement.

The Summary Notice and Proof of Claim Form remain unchanged from the versions previously filed with the Court on December 1, 2021 (Dkt. Nos. 268-3, 268-4).

For the Court’s convenience, redline versions showing revisions to the proposed Preliminary Approval Order and Notice are also attached.

1 The proposed Preliminary Approval Order has been modified to 1) eliminate a reference to “other applicable law” as previously requested by the Court at its January 11, 2022 conference; and 2) make clear that Lead Plaintiff will not seek reimbursement of its own expenses pursuant to 15 U.S.C. 78u-4(a)(4).

Lead Plaintiff asks that this version of the proposed Preliminary Approval Order and its exhibits be entered and that Lead Plaintiff’s unopposed motion for preliminary approval of the Settlement be granted.

PENSION FUND and JUAN FRANCISCO NIEVES, As trustee of the Gonzalez Coronado Trust, Individually and on behalf of all other similarly situated, Plaintiffs,

Pursuant to Rule 1.3(c) of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, I, David L. Aronoff, hereby move this Court for an Order for admission to practice pro hac vice to appear as counsel for Defendant Kevin Davis in the above-captioned action.

I was previously admitted to practice pro hac vice in this matter on August 25, 2016 as counsel for Kevin Davis.

On June 20, 2019, this court granted a motion requesting that I withdraw as counsel for Kevin Davis.

Mr. Aronoff is directed to resubmit his motion for admission pro hac vice in full compliance with Local Rule 1.3(c)(3), which requires the applicant to state “whether there are any disciplinary proceedings presently against the applicant.” This document states that there are no pending proceedings in any federal or state court, but is drafted in a way that excludes proceedings before other bodies or bar organizations.

PENSION FUND and JUAN FRANCISCO NIEVES, As trustee of the Gonzalez Coronado Trust, Individually and on behalf of all other similarly situated, Plaintiffs,

Pursuant to Rule 1.3(c) of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, I, Scott Fishwick, hereby move this Court for an Order for admission to practice pro hac vice to appear as counsel for Defendant Kevin Davis in the above-captioned action.

I was previously admitted to practice pro hac vice in this matter on August 25, 2016 as counsel for Kevin Davis.

On June 20, 2019, this court granted a motion requesting that I withdraw as counsel for Kevin Davis.

Mr. Fishwick is directed to resubmit his motion for admission pro hac vice in full compliance with Local Rule 1.3(c)(3), which requires the applicant to state “whether there are any disciplinary proceedings presently against the applicant.” This document states that there are no pending proceedings in any federal or state court, but is drafted in a way that excludes proceedings before other bodies or bar organizations.

AO 458 (Rev.

06/09) Appearance of Counsel

for the Southern District of New York Plumbers & Pipefitters National Pension Fund Plaintiff

To: The clerk of court and all parties of record I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for: Plumbers & Pi efitters National Pension Fund Date: 07/07/2022 Michael S. Etkin.