U.S. District Court Middle District of Tennessee ...securities.stanford.edu/.../2013118_r01k_11CV00653.pdf · 07/13/2011 6 SUMMONS returned executed by Paula Kuyat. Lawrence E. Bullock

US District Court Civil Docket as of January 10, 2013 Retrieved from the court on January 18, 2013

U.S. District Court Middle District of Tennessee (Nashville)

CIVIL DOCKET FOR CASE #: 3:11-cv-00653

Kuyat v. BioMimetic Therapeutics, Inc. et al Date Filed: 07/06/2011 Assigned to: District Judge Kevin H. Sharp Date Terminated: 01/10/2013 Referred to: Magistrate Judge Juliet E. Griffin Jury Demand: Plaintiff miscellaneous Case: 3:11-cv-00775 Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act Securities/Commodities

Jurisdiction: Federal Question

Plaintiff

Paula Kuyat represented by Jeremy A. Lieberman Individually and On Behalf of All Others

Pomerantz, Haudek, Grossman & Gross,

Similarly Situated

LLP 100 Park Avenue 26th Floor New York, NY 10017-5516 (212) 661-1100 Fax: (212) 661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Marc I. Gross Pomerantz, Haudek, Grossman & Gross, LLP 100 Park Avenue 26th Floor New York, NY 10017-5516 (212) 661-1100 Email: [email protected] ATTORNEY TO BE NOTICED

Murielle J. Steven Walsh Pomerantz, Haudek, Grossman & Gross, LLP 100 Park Avenue 26th Floor New York, NY 10017-5516 (212) 661-1100 Fax: (212) 661-8665 Email: [email protected] ATTORNEY TO BE NOTICED

Paul Kent Bramlett Bramlett Law Offices P O Box 150734 Nashville, TN 37215 (615) 248-2828 Fax: (615) 254-4116 Email: [email protected] ATTORNEY TO BE NOTICED

Robert P. Bramlett Bramlett Law Offices P O Box 150734 Nashville, TN 37215 (615) 248-2828 Fax: (615) 254-4116 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

CHARLES M. SARAFIN represented by Paul Kent Bramlett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Murielle J. Steven Walsh (See above for address) ATTORNEY TO BE NOTICED

Patrick V. Dahlstrom Pomerantz, Haudek, Block, Grossman & Gross, LLP One North LaSalle Street Suite 2225 Chicago, IL 60602-3908 (312) 377-1181 Fax: (312) 377-1184 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

Samuel E. Lynch represented by Glenn B. Rose Harwell, Howard, Hyne, Gabbert & Manner, P.C. 333 Commerce Street Suite 1500 Nashville, TN 37201 (615) 256-0500 Email: [email protected]

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew J. O'Connor Ropes & Gray LLP (Boston) 800 Boylston Street Prudential Tower Boston, MA 02199 (617) 235-4650 Fax: (617) 235-9882 Email: [email protected] ATTORNEY TO BE NOTICED

Christopher G. Green Ropes & Gray LLP (Boston) 800 Boylston Street Prudential Tower Boston, MA 02199 (617) 951-7000 Fax: (617) 951-7050 Email: [email protected] ATTORNEY TO BE NOTICED

Daniel E. Clark Morrison & Foerster LLP 1290 Avenue of the Americas New York, NY 10104 (212) 336-4386 Fax: (212) 468-7900 Email: [email protected] TERMINATED: 02/06/2012 ATTORNEY TO BE NOTICED

Joel C. Haims Morrison & Foerster LLP 1290 Avenue of the Americas New York, NY 10104 (212) 468-8238 Fax: (212) 336-7900 Email: [email protected] TERMINATED: 02/06/2012 ATTORNEY TO BE NOTICED

Nicholas M. Berg Ropes & Gray LLP (Chicago) 111 S Wacker Drive 46th Floor Chicago, IL 60606-4302 (312) 845-1200 Fax: (312) 845-5500

Email: [email protected] ATTORNEY TO BE NOTICED

Randall W. Bodner Ropes & Gray LLP (Boston) 800 Boylston Street Prudential Tower Boston, MA 02199 (617) 951-7000 Fax: (617) 951-7050 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Lawrence E. Bullock

represented by Glenn B. Rose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew J. O'Connor (See above for address) ATTORNEY TO BE NOTICED

Christopher G. Green (See above for address) ATTORNEY TO BE NOTICED

Daniel E. Clark (See above for address) TERMINATED: 02/06/2012 ATTORNEY TO BE NOTICED

Joel C. Haims (See above for address) TERMINATED: 02/06/2012 ATTORNEY TO BE NOTICED

Nicholas M. Berg (See above for address) ATTORNEY TO BE NOTICED

Randall W. Bodner (See above for address) ATTORNEY TO BE NOTICED

Defendant

BioMimetic Therapeutics, Inc. represented by Glenn B. Rose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew J. O'Connor (See above for address) ATTORNEY TO BE NOTICED

Christopher G. Green (See above for address) ATTORNEY TO BE NOTICED

Daniel E. Clark (See above for address) TERMINATED: 02/06/2012

Joel C. Haims (See above for address) TERMINATED: 02/06/2012

Nicholas M. Berg (See above for address) ATTORNEY TO BE NOTICED

Randall W. Bodner (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

07/06/2011 1 COMPLAINT against BioMimetric Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch, filed by Paula Kuyat. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(rd) (Entered: 07/06/2011)

07/06/2011 2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement. (rd) (Entered: 07/06/2011)

07/06/2011 3 NOTICE of Initial Case Management Conference set for 2:00 p.m. on Monday, 9/12/11 in Courtroom A859 before District Judge William J. Haynes Jr. (rd) (Entered: 07/06/2011)

07/06/2011 Bar status for attys Paul Kent Bramlett & Robert Preston Bramlett of TN and Marc I. Gross & Jeremy A. Lieberman of NY verified as active this date. (rd) (Entered: 07/06/2011)

07/06/2011 NOTICE TO COUNSEL Marc I. Gross and Jeremy A. Lieberman of Pomerantz Haudek Grossman & Gross LLP, New York, NY: WITHIN 20 DAYS (on or before 7/26/11), each counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00. (LR 83.01(d)) (rd) (Entered: 07/06/2011)

07/13/2011 4 SUMMONS returned executed by Paula Kuyat. BioMimetric Therapeutics, Inc. served on 7/12/2011. (Bramlett, Robert) (Entered: 07/13/2011)

07/13/2011 5 SUMMONS returned executed by Paula Kuyat. Samuel E. Lynch served on 7/12/2011. (Bramlett, Robert) (Entered: 07/13/2011)

07/13/2011 6 SUMMONS returned executed by Paula Kuyat. Lawrence E. Bullock served on 7/12/2011. (Bramlett, Robert) (Entered: 07/13/2011)

07/15/2011 7 ORDER REASSIGNING CASE. Case reassigned to District Judge Kevin H. Sharp for all further proceedings. District Judge William J. Haynes, Jr no longer assigned to case. Signed by District Judge William J. Haynes, Jr on 7/13/11. (tmw) (Entered: 07/15/2011)

07/18/2011 8 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint, Joint MOTION to Continue Initial Case Management Conference by BioMimetric Therapeutics, Inc., Lawrence E. Bullock, Paula Kuyat, Samuel E. Lynch. (Attachments: # 1 Proposed Order --Stipulation and Order Extending Time to Answer or Otherwise Respond to the Complaint--)(Rose, Glenn) (Entered: 07/18/2011)

07/19/2011 9 ORDER: This case is hereby referred to the Magistrate Judge for case management purposes pursuant to Local Rule 16.01. IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 7/19/11. (tmw) (Entered: 07/19/2011)

07/20/2011 10 ORDER: Counsel for the parties shall convene a telephone conference call with the Court onThursday, July 28, 2011, at 2:00 p.m., central time, to be initiated by defendants' counsel. Counsel shall confer prior to July 28, 2011, to determine if they can agree to mutually propose a deadline by which a motion to appoint lead plaintiff(s) and lead counsel will be filed and the resulting dates for the remaining deadlines. Signed by Magistrate Judge Juliet E. Griffin on 7/20/11. (tmw) (Entered: 07/20/2011)

07/26/2011 11 MOTION for attorney(s) Joel C. Haims and Daniel E. Clark to Appear Pro Hac Vice on behalf of Defendants (paid $150 PHV fee; receipt number 0650-1124238) by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Proposed Order Granting Motion for Permission for Joel C. Haims and Daniel E. Clark to Appear Pro Hac Vice on Behalf of Defendants)(Rose, Glenn) (Entered: 07/26/2011)

07/26/2011 12 CERTIFICATE OF GOOD STANDING of Attorney Joel C. Haims from the United States District Court for the Southern District of New York filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Rose, Glenn) (Entered: 07/26/2011)

07/26/2011 13 CERTIFICATE OF GOOD STANDING of Attorney Daniel E. Clark from the United States District Court for the Southern District of New York filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Rose, Glenn) (Entered: 07/26/2011)

07/27/2011 SECOND & FINAL NOTICE TO COUNSEL Marc I. Gross and Jeremy A. Lieberman of Pomerantz Haudek Grossman & Gross LLP, New York, NY: WITHIN 10 DAYS (on or before 8/6/11), each counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00. FAILURE TO COMPLY WILL BE BROUGHT TO THE COURT'S ATTENTION. (af) (Entered: 07/27/2011)

07/27/2011 14 MOTION for attorney(s) MARC I. GROSS to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1124863) by Paula Kuyat. (Attachments: # 1 Attachment Declaration of Marc Gross with Certificate of Good Standing, # 2 Proposed Order

Granting Pro Hac Vice Admission of Marc Gross)(Bramlett, Paul) (Entered: 07/27/2011)

07/27/2011 15 MOTION for attorney(s) JEREMY A. LIEBERMAN to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1124880) by Paula Kuyat. (Attachments: # 1 Attachment Declaration of Jeremy Lieberman with Certificate of Good Standing, # 2 Proposed Order Granting Pro Hac Vice Admission of Jeremy Lieberman)(Bramlett, Paul) (Entered: 07/27/2011)

07/28/2011 16 ORDER: The defendants' motion for permission for Joel C. Haims and Daniel E. Clark to appear pro hac vice on behalf of defendants 11 is GRANTED. The plaintiff's motions for pro hac vice admission of Marc I. Gross and Jeremy A. Leiberman 14 and 15 are GRANTED. Signed by Magistrate Judge Juliet E. Griffin on 7/28/11. (tmw) (Entered: 07/28/2011)

07/28/2011 Bar status of Attys Joel C. Haims and Daniel E. Clark of NY verified as active this date. (tmw) (Entered: 07/28/2011)

08/01/2011

09/06/2011

09/06/2011

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: TELEPHONE CONFERENCE: Case Management Conference held on 7/28/2011, Motion Hearing held on 7/28/2011 re 8 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint Joint MOTION to Continue Initial Case Management Conference filed by Lawrence E. Bullock, Paula Kuyat, Samuel E. Lynch; ORDER to enter. (jwc) (Entered: 08/01/2011)

17

ORDER: Pursuant to the order entered July 20, 2011 10 , counsel for the parties called the Court on July 28, 2011. The parties' joint motion for entry of stipulation and order extending defendants' time to answer or otherwise respond to the complaint and continuing initial case management conference 8 was GRANTED. The initial case management conference, initially scheduled on September 12, 2011, is CANCELLED, and will be rescheduled if and when the defendants' anticipated motion to dismiss is denied. The plaintiff shall have until September 6, 2011, to file a motion for appointment of lead counsel and lead plaintiff. Signed by Magistrate Judge Juliet E. Griffin on 8/1/11. (tmw) (Entered: 08/01/2011)

18 STIPULATION AND ORDER EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT. Signed by Magistrate Judge Juliet E. Griffin on 8/1/11. (tmw) (Entered: 08/01/2011)

19 MOTION Appoint Lead Plaintiff & Approve Lead Counsel & Liaison Counsel by CHARLES M. SARAFIN. (Bramlett, Paul) (Entered: 09/06/2011)

20 MEMORANDUM in Support of 19 MOTION Appoint Lead Plaintiff & Approve Lead Counsel & Liaison Counsel filed by CHARLES M. SARAFIN. (Attachments: # 1 Attachment Declaration of Paul Kent Bramlett, # 2 Exhibit A-Press Release, # 3 Exhibit B-Certification by Plaintiff, # 4 Exhibit C-Chart of Losses of Plaintiff, # 5 Exhibit D-Pomerantz Firm Resume, # 6 Exhibit E-Bramlett Firm Resume, # 7 Proposed Order Appointing Lead Plaintiff, Lead Counsel & Liaison Counsel)(Bramlett, Paul) (Entered:

- 09/06/2011)

07/28/2011

08/01/2011

09/20/2011 21 RESPONSE to Motion re 19 MOTION Appoint Lead Plaintiff & Approve Lead Counsel & Liaison Counsel filed by CHARLES M. SARAFIN. (Bramlett, Paul) (Entered: 09/20/2011)

10/26/2011

10/28/2011

11/10/2011

11/14/2011

11/15/2011

11/28/2011

01/24/2012

22

ORDER: The unopposed motion of Charles M. Sarafin for appointment as lead plaintiff and approval of lead and liaison counsel (Docket Entry No. 19 ) is GRANTED. Charles M. Sarafin is hereby appointed as lead plaintiff in this case. The Clerk is directed to enter Charles M. Sarafin as a named plaintiff in this case. Marc I. Gross, Jeremy A. Lieberman, and Patrick V. Dahlstrom are hereby appointed lead counsel, provided that by October 18, 2011, Mr. Dahlstrom shall file a motion for admission pro hac vice, accompanied by a certificate of good standing signed by the Clerk of a United States District Court to which he is admitted, and the $75.00 pro hac vice admission fee. The Clerk is directed to enter Patrick V. Dahlstrom as counsel for lead plaintiff. Paul Kent Bramlett and Robert Preston Bramlett are hereby appointed liaison counsel. In accord with the stipulation and order entered August 1, 2011 (Docket Entry No. 18 ), lead plaintiff shall have until November 28, 2011, to file a consolidated complaint. The defendants shall have 60 days from the time the consolidated complaint is filed to file a response to the consolidated complaint. Signed by Magistrate Judge Juliet E. Griffin on 9/26/2011. (hb) (Entered: 09/26/2011)

23

MOTION for attorney(s) PATRICK VINCENT DAHLSTROM to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1169848) by CHARLES M. SARAFIN. (Attachments: # 1 Exhibit A-Certificate of Good Standing for Patrick Vincent Dahlstrom, # 2 Proposed Order Granting Pro Hac Vice Admission of Patrick Vincent Dahlstrom)(Bramlett, Paul) (Entered: 10/14/2011)

24 ORDER granting 23 Motion for Patrick Vincent Dahlstrom to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 10/26/2011. (hb) (Entered: 10/26/2011)

E-mail sent to Atty. Dahlstrom regarding mandatory ECF registration. (hb) (Entered: 10/28/2011)

25 MOTION for attorney(s) Murielle J. Steven Walsh to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1184660) by Paula Kuyat. (Attachments: # 1 Attachment Declaration & Certificate of Good Standing of Murielle J. Steven Walsh, # 2 Proposed Order Granting Pro Hac Vice Admission of Murielle J. Steven Walsh)(Bramlett, Paul)

- (Entered: 11/10/2011)

26 ORDER granting 25 Motion for Murielle J. Steven Walsh to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 11/14/2011. (hb) (Entered: 11/15/2011)

E-mail sent to Atty. Murielle J. Steven Walsh regarding mandatory CM/ECF registration. (hb) (Entered: 11/15/2011)

27 AMENDED COMPLAINT consolidated against All Defendants, filed by CHARLES M. SARAFIN. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Walsh, Murielle) (Entered: 11/28/2011)

28 MOTION for Extension of Time to File Answer --Defendants' Unopposed Motion for Extension of Deadlines Related to Defendants' Initial Response to the Consolidated Class Action Complaint-- by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Proposed Order Granting Defendants' Motion for Extension of Deadlines Related to the Initial Response to Plaintiff's Consolidated Amended Class Action Complaint)(Rose, Glenn) (Entered: 01/24/2012)

09/26/2011

10/14/2011

01/25/2012

29 ORDER: The defendants' unopposed motion for extension of deadlines related to defendants' initial response to the consolidated class action complaint (Docket Entry No.

28 ) is GRANTED. The time for the defendants to respond to the consolidated amended complaint (Docket Entry No. 27 ), is extended from January 27, 2012, to February 27, 2012. If the defendants file a motion to dismiss the complaint, the plaintiffs shall have 60 days from the filing of the motion or until April 27, 2012, if the motion is filed on February 27, 2012, to file a response. Any reply, if necessary, shall be filed within 45 days of the filing of the response or until June 11, 2012, if the response is filed on April 27, 2012. No other filings in support of or in opposition to the anticipated motion to dismiss shall be made except with the express permission of the Honorable Kevin H. Sharp. Taking into account the mandatory stay of discovery pending resolution of the anticipated motion to dismiss, as provided in the Private Securities Litigation Reform Act ("PSLRA"), and in accord with the order entered August 1, 2011 (Docket Entry No. 17 ), the initial case management conference will be rescheduled if and when the defendants' anticipated motion to dismiss is denied. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 1/25/2012. (hb) (Entered: 01/25/2012)

02/02/2012 30 MOTION to Withdraw as Attorney by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Certificate of Service)(Haims, Joel) (Entered: 02/02/2012)

02/03/2012 NOTE TO FILER, Joel C. Haims, re: [DE 30]. This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Future scanned pleadings of this nature may require refiling. (afs) (Entered: 02/03/2012) -

02/03/2012

02/16/2012

31

32

ORDER: Upon consideration of the motion of Morrison & Foerster LLP, Joel C. Haims, and Daniel E. Clark to withdraw their appearance as counsel for Defendants in this action, 30 it appearing that Defendants will continue to be represented by other counsel and that the withdrawal will not be unfairly prejudicial to any party or delay the trial, the motion is hereby GRANTED. Signed by District Judge Kevin H. Sharp on 2/3/12. (afs) (Entered: 02/06/2012)

MOTION for attorney(s) Randall W. Bodner, Christopher G. Green, Nicholas M. Berg to Appear Pro Hac Vice (paid $225 PHV fee; receipt number 0650-1241042) by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Proposed Order --Order Granting Motion for Permission for Randall W. Bodner, Christopher G. Green, and Nicholas M. Berg to Appear Pro Hac Vice On Behalf of Defendants--)(Rose, Glenn) (Entered: 02/16/2012)

02/16/2012 33 CERTIFICATE OF GOOD STANDING of Attorney Randall W. Bodner from the United States District Court of Massachusetts filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Rose, Glenn) (Entered: 02/16/2012)

02/16/2012 34 CERTIFICATE OF GOOD STANDING of Attorney Christopher Green from the United States District Court of Massachusetts filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Rose, Glenn) (Entered: 02/16/2012)

02/16/2012 35 CERTIFICATE OF GOOD STANDING of Attorney Nicholas Martin Berg from the United States District Court for the Northern District of Illinois filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Rose, Glenn) (Entered: 02/16/2012)

02/17/2012 36 ORDER: Defts' 32 Motion for Attys Randall W. Bodner, Christopher G. Green, and Nicholas M. Berg to Appear Pro Hac Vice is GRANTED. Signed by Magistrate Judge

I Juliet E. Griffin on 2/17/12. (rd) (Entered: 02/17/2012)

02/23/2012 37 Joint MOTION for Leave to File Excess Pages by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch, CHARLES M. SARAFIN. (Attachments: # 1 Proposed Order Granting Joint Motion for Leave to Exceed Page Limitation)(Berg, Nicholas) (Entered: 02/23/2012)

02/24/2012 38 ORDER granting 37 Motion for Leave to File Excess Pages. Signed by District Judge Kevin H. Sharp on 2/24/2012. (eh) (Entered: 02/24/2012)

02/27/2012 39 MOTION to Dismiss by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Berg, Nicholas) (Entered: 02/27/2012)

02/27/2012 40 MEMORANDUM in Support of 39 MOTION to Dismiss filed by Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Exhibit Exhibit A to Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint, # 2 Exhibit Exhibit B to Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint)(Berg, Nicholas) (Entered: 02/27/2012)

02/27/2012 41 DECLARATION of Nicholas M. Berg filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch re: 40 Memorandum in Support, 39 MOTION to Dismiss. (Attachments: # 1 Exhibit Form 10-K for the period ending December 31, 2010 (filed Mar. 10, 2011)., # 2 Exhibit Form 10-Q for the period ending September 30, 2010 (filed Nov. 3, 2010)., # 3 Exhibit Form 8-K Press Release dated October 19, 2011 (filed Oct. 19, 2011)., # 4 Exhibit Form 10-K for period ending December 31, 2009 (filed Mar. 12, 2010)., # 5 Exhibit Form 10-Q for the period ending March 31, 2010 (filed on May 10, 2010)., # 6 Exhibit Form 10-Q for the period ending June 30, 2010 (filed on Aug. 5, 2010)., # 7 Exhibit Form 10-K for period ending December 31, 2006 (filed Mar. 28, 2007)., # 8 Exhibit Form 10-K for period ending December 31, 2008 (filed Mar. 12, 2009)., # 9 Exhibit Letter dated May 18, 2007 from the FDA to BioMimetic approving the IDE Application for Augment., # 10 Exhibit Revision to BioMimetic Protocol No. BMTI-2006-01 dated April 5, 2007 (submitted to the FDA on April 16, 2007)., # 11 Exhibit Letter dated November 17, 2010 from BioMimetic in response to FDA Deficiency Letter of September 3, 2010., # 12 Exhibit FDA Executive Summary of BioMimetic's Augment Bone Graft for the Orthopedic and Rehabilitation Devices Panel, dated May 12, 2011., # 13 Exhibit Form 8-K Press Release dated September 8, 2010 (filed Sept. 8, 2010)., # 14 Exhibit FDA Orthopedic and Rehabilitation Devices Panel Hearing Transcript for Augment Bone Graft, dated May 12, 2011., # 15 Exhibit Roster of the Orthopedic and Rehabilitation Devices Panel of the Medical Devices Advisory Committee to the FDA, dated May 12, 2011., # 16 Exhibit Form 8-K Press Release dated January 3, 2012 (filed Jan. 4, 2012)., # 17 Exhibit Form 8-K Press Release dated April 21, 2008 (filed Apr. 24, 2008)., # 18 Exhibit Form 8-K Press Release dated November 3, 2010 (filed Nov. 4, 2010)., # 19 Exhibit Third Quarter 2010 BioMimetic Therapeutics Earnings Conference Call Transcript, dated November 3, 2010., # 20 Exhibit Fourth Quarter 2010 BioMimetic Therapeutics Earnings Conference Call Transcript, dated March 10, 2011., # 21 Exhibit Form 10-Q for the period ending September 30, 2009 (filed on Nov. 5, 2009)., # 22 Exhibit Amendment 1 to BioMimetic Protocol No. BMTI-2006-01-PAS dated March 14, 2011., # 23 Exhibit BioMimetic Therapeutics FDA Panel Meeting Presentation dated May 12, 2011., # 24 Exhibit Third Quarter 2009 BioMimetic Therapeutics Earnings Conference Call Transcript, dated November 5, 2009., # 25 Exhibit Form 8-K Press Release dated October 13, 2009 (filed

on Oct. 16, 2009)., # 26 Exhibit Form 8-K Press Release dated November 3, 2009 (filed on Nov. 5, 2009)., # 27 Exhibit Form 8-K Press Release dated November 5, 2009 (filed on Nov. 6, 2009)., # 28 Exhibit Form 8-K Press Release dated December 8, 2009 (filed on Dec. 9, 2009)., # 29 Exhibit Form 8-K Press Release dated January 6, 2010 (filed Jan. 7, 2010)., # 30 Exhibit Form 8-K Press Release dated February 1, 2010 (filed Feb. 3, 2010)., # 31 Exhibit Form 8-K Press Release dated February 17, 2010 (filed Feb. 22, 2010)., # 32 Exhibit Form 8-K Press Release dated March 9, 2010 (filed Mar. 10, 2010)., # 33 Exhibit Form 8-K Press Release dated March 11, 2010 (filed Mar. 12, 2010)., # 34 Exhibit Fourth Quarter 2009 BioMimetic Therapeutics Earnings Conference Call Transcript, dated March 12, 2010., # 35 Exhibit Form 8-K Press Release dated May 10, 2010 (filed on May 11, 2010)., # 36 Exhibit Form 8-K Press Release dated June 17, 2010 (filed on June 17, 2010)., # 37 Exhibit Form 8-K Press Release dated June 28, 2010 (filed on June 29, 2010)., # 38 Exhibit Form 8-K Press Release dated July 7, 2010 (filed on July 7, 2010)., # 39 Exhibit Form 8-K Press Release dated July 14, 2010 (filed on July 15, 2010)., # 40 Exhibit Second Quarter 2010 BioMimetic Therapeutics Earnings Conference Call Transcript, dated August 5, 2010., # 41 Exhibit Form 8-K Press Release dated August 5, 2010 (filed on Aug. 10, 2010)., # 42 Exhibit Form 8-K Press Release dated August 12, 2010 (filed on Aug. 13, 2010)., # 43 Exhibit Form 8-K Press Release dated December 7, 2010 (dated Dec. 8, 2010)., # 44 Exhibit Form 8-K Press Release dated December 20, 2010 (dated Dec. 16, 2010)., # 45 Exhibit Form 8-K Press Release dated January 31, 2011 (dated Feb. 1, 2011)., # 46 Exhibit Form 8-K Press Release dated March 9, 2011 (dated Mar. 10, 2011)., # 47 Exhibit Form 10-Q for the period ending March 31, 2011 (filed on May 9, 2011)., # 48 Exhibit Form 8-K Press Release dated May 9, 2011 (filed on May 9, 2011)., # 49 Exhibit Form 8-K Press Release dated May 12, 2011 (filed on May 13, 2011)., # 50 Attachment Appendix 1 - D.E. & J.L.P. v. Conway, 2005 U.S. App. LEXIS 11267 (6th Cir. 2005), # 51 Attachment Appendix 2 - In re Level 3 Communs. Sec. Litig., 2012 U.S. App. LEXIS 2376 (10th Cir. Feb. 6, 2012), # 52 Attachment Appendix 3 - Noble Asset Mgmt. v. Allos Therapeutics, Inc., 2005 U.S. Dist. LEXIS 24452 (D. D.C. Oct. 20, 2005), # 53 Attachment Appendix 4 - In re Discovery Labs. Sec. Litig., 2006 U.S. Dist. LEXIS 79823 (E.D. Pa. Nov. 1, 2006), # 54 Attachment Appendix 5 - Padnes v. Scios Nova, Inc., 1996 U.S. Dist. LEXIS 22858 (N.D.Cal. Sept. 18, 1996), # 55 Attachment Appendix 6 - In re Comshare Sec. Litig., 1997 U.S. Dist. LEXIS 17262 (E.D. Mich. Sept. 18, 1997), # 56 Attachment Appendix 7 - Beaver County. Ret. Bd. V. LCA-Vision Inc., 2009 U.S. Dist. LEXIS 31375 (S.D. Ohio Mar. 25, 2009), # 57 Attachment Appendix 8 - In re Century Bus. Serv. Sec. Litig., 99-CV-02200, 2002 U.S. Dist. LEXIS 26964 (N.D. Ohio June 27, 2002), # 58 Attachment Appendix 9 - Benzon v. Morgan Stanley Distrib., Inc., U.S. Dist. LEXIS 2669 (M.D. Tenn. Jan. 8, 2004))(Berg, Nicholas) (Entered: 02/27/2012)

02/27/2012 42 Certificate of Service filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch re 40 Memorandum in Support, filed by Lawrence E. Bullock, Samuel E. Lynch. (Berg, Nicholas) Modified on 2/28/2012 (afs). (Entered: 02/27/2012)

03/05/2012 43 ORDER: On February 27, 2012, the defendants filed a motion to dismiss (Docket Entry No. 39). In accord with the order entered January 25, 2012 (Docket Entry No. 29), the plaintiffs shall have until April 27, 2012, to file a response to the motion. Any reply, if necessary, shall be filed within 45 days of the filing of the response or by June 11, 2012, if the response is filed on April 27, 2012. No other filings in support of or in opposition to the defendants' motion to dismiss shall be made except with the express permission of the Honorable Kevin H. Sharp. In accord with the mandatory stay provided in the

Private Securities Litigation Reform Act ("PSLRA"), all discovery is STAYED pending the resolution of the defendants' motion to dismiss. The Clerk is directed to forward the file in this case to Judge Sharp for his consideration of the defendants' motion to dismiss and accompanying filings (Docket Entry Nos. 39-41). It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 3/5/12. (afs) (Entered: 03/05/2012)

04/27/2012 44 RESPONSE in Opposition re 39 MOTION to Dismiss (Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint) filed by CHARLES M. SARAFIN. (Walsh, Murielle) (Entered: 04/27/2012)

04/27/2012 45 DECLARATION of Murielle Steven Walsh filed by CHARLES M. SARAFIN re: 44 Response in Opposition to Motion. (Attachments: # 1 Exhibit Ex. A - FDA Executive Summary of BioMimetics Augment Bone Graft for the Orthopedic and Rehabilitation Devices Panel, dated May 12, 2011, # 2 Exhibit Ex. B - Chart detailing each of the false and/or misleading statements made by Defendants as alleged in the Consolidated Amended Complaint filed in this action on November 28, 2011, # 3 Exhibit Ex. C - Clinical Study Report BMTI-2005-04 dated July 6, 2009, sponsored by BioMimetic Therapeutics, Inc., # 4 Attachment Appendix 1 - In re 21st Century Holding Co. Sec. Litig., # 5 Attachment Appendix 2 - In re Amylin Pharms., Inc. Secs. Litig., # 6 Attachment Appendix 3 - In re Comshare Sec. Litig., # 7 Attachment Appendix 4 - Constr. Laborers Pension Trust of Greater St. Louis v. Neurocrine Biosciences, Inc., # 8 Attachment Appendix 5 - In Re Cyberonics Inc. Sec. Litig., # 9 Attachment Appendix 6 - In re Dynex Cap. Inc. Sec. Litig., # 10 Attachment Appendix 7 - Halford v. AtriCure, Inc., # 11 Attachment Appendix 8 - In re MannKind Sec. Actions, 2011, # 12 Attachment Appendix 9 - In re MannKind Sec. Actions, 2012, # 13 Attachment Appendix 10 - Noble Asset Mgmt. v. Allos Therapeutics, Inc., # 14 Attachment Appendix 11 - Padnes v. Scios Nova, Inc., # 15 Attachment Appendix 12 - Wilkof v. Caraco Pharm. Labs., Ltd.)(Walsh, Murielle) (Entered: 04/27/2012)

05/01/2012 46 MOTION for Hearing re 39 MOTION to Dismiss by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Berg, Nicholas) (Entered: 05/01/2012)

05/14/2012 47 ORDER: Pending before the Court is Defendant's Motion for Hearing on Defendant's Motion to Dismiss Plaintiff's Consolidated Amended Class Action Complaint (Docket No. 46). The motion is GRANTED and a hearing on the pending motion to dismiss is hereby scheduled for August 10, 2012 at 10:00 a.m. IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 5/14/12. (afs) (Entered: 05/14/2012)

06/04/2012 48 MOTION for Leave to File Excess Pages for Their Reply Brief by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Proposed Order Granting Defendants Uncontested Motion For Leave To Exceed Page Limitation For Their Reply Brief)(Berg, Nicholas) (Entered: 06/04/2012)

06/05/2012 49 ORDER: Defts' 48 Uncontested Motion for Leave to Exceed Page Limitation for Reply Brief is GRANTED. Signed by District Judge Kevin H. Sharp on 6/5/12. (rd) (Entered: 06/05/2012)

06/11/2012 50 REPLY to Response to 39 MOTION to Dismiss filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Berg, Nicholas) Modified on 6/12/2012 (afs). (Entered: 06/11/2012)

06/11/2012 51 DECLARATION of Christopher G. Green filed by BioMimetic Therapeutics, Inc.,

Lawrence E. Bullock, Samuel E. Lynch re: 50 Reply to Response to Motion, 40 Memorandum in Support, 39 MOTION to Dismiss. (Attachments: # 1 Exhibit 1 - BioMimetic Therapeutics Augment North American Pivotal Trial Interim Data Results Conference Call transcript, dated October 13, 2009, # 2 Exhibit 2 - Reuters News article, UPDATE 1-BioMimetics bone product trial disappoints, shrs tank [sic], dated October 13, 2009, # 3 Exhibit 3 - BioWorld Today article by Trista Morrison entitled BioMimetic Shares Recover as Investors Digest Phase III Data, dated October 15, 2009, # 4 Exhibit 4 - Minutes from the FDA Industry Medical Device User Fee Act (MDUFA) III Reauthorization Meeting, dated February 9, 2011, # 5 Exhibit 5 - FDAs Guidance for Industry & FDA Staff, FDA and Industry Actions on Premarket Approval Applications (PMAs): Effect on FDA Review Clock and Goals, dated June 30, 2008, # 6 Exhibit 6 - FDAs Final Guidance for Industry & FDA Staff, Suggested Format for Developing & Responding to Deficiencies in Accordance with the Least Burdensome Provisions of FDAMA, dated November 2, 2000, # 7 Exhibit App. 1 - In re Amylin Pharms., Inc. Secs. Litig, # 8 Exhibit App. 2 - Beaver County Ret. Bd. v. LCA-Vision Inc., # 9 Exhibit App. 3 - In re Comshare Sec. Litig., # 10 Exhibit App. 4 - In re Cyberonics Inc. Sec. Litig., # 11 Exhibit App. 5 - In re Discovery Labs. Sec. Litig., # 12 Exhibit App. 6 - Halford v. AtriCure, Inc., # 13 Exhibit App. 7 - In re MannKind Sec. Actions, # 14 Exhibit App. 8 - Noble Asset Mgmt. v. Allos Therapeutics, Inc., # 15 Exhibit App. 9 - Oppenheim Pramerica Asset Mgmt. S.a.r.l. v. Encysive Pharms., Inc., # 16 Exhibit App. 10 - Padnes v. Scios Nova, Inc., # 17 Exhibit App. 11 - Wilkof v. Caraco Pharm. Labs., Ltd.)(Green, Christopher) (Entered: 06/11/2012)

07/25/2012 52 ORDER: Due to a conflict with the Court's calendar, the hearing on Defendant's Motion to Dismiss the Consolidated Amended Class Action Complaint (Docket No. 46) scheduled for August 10, 2012 is hereby RESCHEDULED for August 24, 2012 at 10:00 a.m. IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 7/25/12. (afs) (Entered: 07/25/2012)

08/09/2012 53 MOTION for attorney(s) Andrew J. OConnor to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1348775) by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Proposed Order)(Berg, Nicholas) (Entered: 08/09/2012)

08/09/2012 54 CERTIFICATE OF GOOD STANDING of Attorney Andrew J. O'Connor from the United States District Court of Massachusetts filed by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Berg, Nicholas) (Entered: 08/09/2012)

08/09/2012 55 ORDER granting 53 Motion for Andrew J. O'Connor to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 8/9/12. (afs) (Entered: 08/09/2012)

08/13/2012 56 ORDER: Due to a conflict with the Court's calendar, the hearing on Defendant's Motion to Dismiss the Consolidated Amended Class Action Complaint (Docket No. 46) scheduled for August 24, 2012 is hereby RESCHEDULED for September 17, 2012 at 10:00 a.m. IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 8/13/12. (afs) (Entered: 08/13/2012)

08/21/2012 57 Consent MOTION to Reschedule Hearing on Defendants' Motion to Dismiss by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch. (Attachments: # 1 Proposed Order)(O'Connor, Andrew) (Entered: 08/21/2012)

08/28/2012 58 ORDER: The Defendants' Unopposed Motion To Reschedule Hearing on Defendants' -

Motion To Dismiss is GRANTED. The hearing on Defendants' Motion To Dismiss the Consolidated Amended Class Action Complaint (Docket No. 46) scheduled for September 17, 2012 is hereby RESCHEDULED for September 21, 2012 at 11:00 a.m. IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 8/28/12. (af) (Entered: 08/28/2012)

09/20/2012 59 NOTICE by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch re 39 MOTION to Dismiss , of Supplemental Authority in Support of Motion (Attachments: # 1 Attachment)(Berg, Nicholas) (Entered: 09/20/2012)

09/21/2012 60

10/05/2012 61

Minute Entry for proceedings held before District Judge Kevin H. Sharp: Motion Hearing held on 9/21/2012 re 39 MOTION to Dismiss filed by Lawrence E. Bullock, BioMimetic Therapeutics, Inc., Samuel E. Lynch. (Court Reporter Dorothy Stiles.) (ab) (Entered: 09/21/2012)

Transcript filed for date of September 21, 2012, Oral Argument on Motion to Dismiss, before Judge Kevin Sharp. Court Reporter/Transcriber: Dorothy Stiles, 615-330-1764, [email protected] . 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. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf . Intent to Request Transcript Redaction due 10/12/2012. Redaction Request due 10/26/2012. Redacted Transcript Deadline set for 11/5/2012. Release of Transcript Restriction set for 1/3/2013. (ds) (Entered: 10/05/2012)

10/15/2012 62 NOTICE by BioMimetic Therapeutics, Inc., Lawrence E. Bullock, Samuel E. Lynch re 39 MOTION to Dismiss of Supplemental Authority in Support of Defendants' Motion to Dismiss (Attachments: # 1 Attachment)(Berg, Nicholas) (Entered: 10/15/2012)

01/10/2013 63 MEMORANDUM OF THE COURT. Signed by District Judge Kevin H. Sharp on 1/10/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd) (Entered: 01/10/2013)

01/10/2013 64 ORDER: For the reason set forth in the accompanying Memorandum, defts' 39 Motion to Dismiss is GRANTED, and pltf's Amended Complaint is DISMISSED WITH PREJUDICE. The Clerk shall prepare a separate judgment. Signed by District Judge Kevin H. Sharp on 1/10/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd) (Entered: 01/10/2013)

01/10/2013 65 ENTRY OF JUDGMENT re 63 Memorandum of the Court, 64 Order. (rd) (Entered: 01/10/2013)

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