On November 8, 2006, the District Court entered an order dismissing the Moran Appeal (the “Dismissal Order”). On November 28, 2006, Mr. Moran filed a notice of appeal of the Dismissal Order to the United States Court of Appeals for the Sixth Circuit. The Sixth Circuit heard oral arguments on January 15, 2009 and issued its opinion on March 23, 2009. The opinion of the Sixth Circuit affirmed the November 8, 2006 District Court’s ruling. On April 6, 2009, Mr. Moran filed a Petition for Rehearing and Suggestion for Rehearing En Banc (“Petition for Rehearing”) and Mr. Moran also filed a Notice of Continuation of Stay Pending Consideration by the Sixth Circuit of the Petition for Rehearing.
