You're viewing Docket Item 243 from the case Pennsylvania Public School Employees' Retirement System v. Bank of America Corporation et al. View the full docket and case details.

Download this document:




Case 1:11-cv-00733-WHP Document 243 Filed 11/15/13 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK


__________________________________________
PENNSYLVANIA PUBLIC SCHOOL
:
:
EMPLOYEES’ RETIREMENT SYSTEM,
:
individually and on behalf of all others
similarly situated,
:
:

:

:


:
:

:
BANK OF AMERICA CORPORATION, et al.,
:
:
:
:
:
:



Plaintiff,







v.


Defendants.



















































CIVIL ACTION NO.
11-CV-00733-WHP

CLASS ACTION



MOTION OF LEAD
PLAINTIFF PENNSYLVANIA
PUBLIC SCHOOL
EMPLOYEES’ RETIREMENT
SYSTEM FOR CLASS
CERTIFICATION

PLEASE TAKE NOTICE that upon the authorities and exhibits in the accompanying

Memorandum of Law in Support of Lead Plaintiff Pennsylvania Public School Employees’

Retirement System’s Motion for Class Certification and Declaration of Mark R. Rosen in

Support of Lead Plaintiff’s Motion for Class Certification and all exhibits appended thereto, and

the parties having met and conferred concerning the present matter, Lead Plaintiff, Pennsylvania

Public School Employees’ Retirement System, will move this Court, before the Honorable

William H. Pauley, III, United States District Judge, at the United States Courthouse for the

Southern District of New York, 500 Pearl Street, New York, New York, for entry of an order,

pursuant to Rules 23(a), 23(b)(3) and 23(g) of the Federal Rules of Civil Procedure, certifying a

class consisting of all persons or entities who purchased or otherwise acquired Bank of America

Corporation (“BofA” or the “Company”) common stock or Common Equivalent Securities

(“CES”) from February 27, 2009 through October 19, 2010 (the “Class Period”), and suffered

damages as a result. Excluded from the Class are: (a) Defendants; (b) members of the

233574

Case 1:11-cv-00733-WHP Document 243 Filed 11/15/13 Page 2 of 3

immediate family of each of the Executive Defendants; (c) any person who was an executive

officer and/or director of BofA during the Class Period; (d) any entity that served as an

underwriter for BofA’s CES offering; (e) any person, firm, trust, corporation, officer, director, or

any other individual or entity in which any Defendant has a controlling interest or which is

affiliated with any of the Defendants; and (f) the legal representatives, agents, affiliates, heirs,

successors-in-interest or assigns of any such excluded party; (2) certifying Lead Plaintiff as

representative of the Class; and (3) appointing Barrack, Rodos & Bacine as Class Counsel.

PLEASE TAKE FURTHER NOTICE that papers in response to this motion or any

portion thereof must be filed and served on or before December 20, 2013, and reply papers in

further support of this motion must be filed and served on or before January 10, 2014.

Dated: November 15, 2013

























BARRACK, RODOS & BACINE
A. Arnold Gershon
William J. Ban
Michael A. Toomey
425 Park Avenue, 31st Floor
New York, NY 10022
Telephone: (212) 688-0782
Facsimile: (212) 688-0783



-and-

BARRACK, RODOS & BACINE

By: /s/ Mark R. Rosen
Leonard Barrack







Jeffrey A. Barrack


Mark R. Rosen

Chad A. Carder







Julie B. Palley
3300 Two Commerce Square
2001 Market Street
Philadelphia, PA 19103
Telephone: (215) 963-0600
Fax: (215) 963-0838

Attorneys for Lead Plaintiff Pennsylvania
Public School Employees’ Retirement
System and Lead Counsel for the Class

233574



2

Case 1:11-cv-00733-WHP Document 243 Filed 11/15/13 Page 3 of 3

























Michele Ferencz
Chief Counsel
Steven Skoff
Assistant Counsel
Pennsylvania Public School Employees’
Retirement System
5 North Fifth Street, 5th Floor
Harrisburg, PA 17101
Telephone: (717) 720-4912
Fax: (717) 783-8010

Sarah Yerger
Senior Deputy Attorney General
Civil Litigation Section
Office of Attorney General
15th Floor Strawberry Square
Harrisburg, PA 17120
Telephone: (717) 705-2503
Fax: (717) 772-4526

Attorneys for Lead Plaintiff
Pennsylvania Public School Employees’
Retirement System

233574



3