UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF...

US District Court Civil Docket as of October 10, 2008 Retrieved from the court on October 16, 2008

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)

CIVIL DOCKET FOR CASE #: 2:07-cv-02030-GW-JC

Johnson v. US Auto Parts Network Inc et al Date Filed: Mar. 28, 2007 Status: Closed Nature of suit: 850 Securities/Commodities Assigned to: Judge George H Wu Cause: 15:77 Securities Fraud Date terminated: Oct. 10, 2008 Jurisdiction: Federal Question Jury demand: Plaintiff Member cases: 2:07-cv-02775-GW-JC Austin Nopper v. US Auto Parts Network Inc et al Referred to: Magistrate Judge Jacqueline Chooljian

Parties and Attorneys

Plaintiff Patricia Johnson Individually and on Behalf of All Others Similarly Situated

Attorneys and Firms Catherine J Kowalewski Coughlin Stoia Geller Rudman and Robbins 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 (619) 231-1058 Fax: (619) 231-7423 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Darren J Robbins Coughlin Stoia Geller Rudman and Robbins 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David C Walton Coughlin Stoia Geller Rudman and Robbins 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423

[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M Stein Jonathan M Stein Law Offices 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 (561) 750-3000 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul J Geller Paul J Geller Law Offices 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 (561) 750-3000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Timothy J Burke Stull Stull and Brody 10940 Wilshire Boulevard, Suite 2300 Los Angeles, CA 90024 (310) 209-2468 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Sasco Investments

Attorneys and Firms Elaine T Byszewski Hagens Berman Sobol Shapiro LLP 700 South Flower Street Suite 2940 Los Angeles, CA 90017-4101 (213) 330-7150 Fax: (213) 330-7152 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lewis Kahn Kahn Gauthier Swick 650 Poydras Street, Suite 2150 New Orleans, LA 70130 (504) 455-1400 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sarah Catherine Boone Kahn Gauthier Swick 650 Poydras Street Suite 2150 New Orleans, LA 70130 (504) 455-1400 x106 Fax: (504) 455-1498 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant Drm Darien Behravan

Attorneys and Firms Timothy J Burke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant Ben Elyashar Non Parties

Movant Todd Daugherty Relevant Non Parties

Movant Lowell Mann Relevant Non Parties

Movant Brian Tinari Relevant Non Parties

Movant Alexander Adegan Relevant Non Parties

Movant Warren Riley Relevant Non Parties

Movant Massoud Entekhabi Relevant Non Parties

Intervenor Plaintiff Southewest Carpenters Pension

Attorneys and Firms Darren J Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant US Auto Parts Network Inc

Attorneys and Firms Ethan D Roberts Wilson Sonsini Goodrich and Rosati650 Page Mill Road Palo Alto, CA 94304-1050 TERMINATED: 07/30/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luke A Liss Wilson Sonsini Goodrich and Rosati650 Page Mill Road Palo Alto, CA 94304-1050 (650) 493-9300 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Nina Fran Locker Wilson Sonsini Goodrich and Rosati650 Page Mill Rd Palo Alto, CA 94304-1050 (650) 493-9300 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Peri B Nielsen Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA 94304-1050 (650) 493-9300 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Sol Khazani

Attorneys and Firms Ethan D Roberts TERMINATED: 07/30/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address) Luke A Liss LEAD ATTORNEY ATTORNEY TO BE NOTICED

(See above for address) Nina Fran Locker LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address) Peri B Nielsen LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address)

Defendant Mehran Nia

Attorneys and Firms Ethan D Roberts (See above for address) TERMINATED: 07/30/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luke A Liss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nina Fran Locker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peri B Nielsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Michael J McClane


Defendant Richard E Pine


Defendant Robert J Majteles


Defendant Fredric W Harman

Attorneys and Firms Ethan D Roberts (See above for address) TERMINATED: 07/30/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luke A Liss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Fran Locker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peri B Nielsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Ellen F Siminoff


Defendant RBC Capital Markets Corporation

Attorneys and Firms Anthony J Lewis AUSA-U.S. Attorney's Office Criminal Division-US Courthouse 312 North Spring Street Suite 1200 Los Angeles, CA 90012 (213) 894-1786 Fax: (213) 894-0141 [email protected] TERMINATED: 09/22/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Diane Lee McGimsey Sullivan And Cromwell 1888 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 712-6600 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert A Sacks Sullivan & Cromwell 1888 Century Park E Ste 2100 Los Angeles, CA 90067-1725 (310) 712-6600 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Thomas Weisel Partners LLC

Attorneys and Firms Anthony J Lewis LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address) TERMINATED: 09/22/2008 Diane Lee McGimsey LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address) Robert A Sacks LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address)

Defendant Piper Jaffray & Co

Attorneys and Firms Anthony J Lewis (See above for address) TERMINATED: 09/22/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Diane Lee McGimsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert A Sacks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant JMP Securities LLC

Attorneys and Firms Anthony J Lewis (See above for address) TERMINATED: 09/22/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Diane Lee McGimsey (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert A Sacks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Oak Investment Partners IV LP

Attorneys and Firms Luke A Liss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nina Fran Locker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peri B Nielsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Docket ProceedingsReverse Proceedings Req # Filed # Docket Text 1 Mar. 28, 2007 1 COMPLAINT against defendants Mehran Nia, Michael J McClane, Richard

E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC, US Auto Parts Network Inc, Sol Khazani.(Filing fee $ 350)Fee Paid., filed by plaintiff Patricia Johnson.(bb, ) (Entered: 04/03/2007)

2 Mar. 28, 2007 2 Certificate of Interested Parties filed by Plaintiff Patricia Johnson. (bb, ) (Entered: 04/03/2007)

3 Mar. 28, 2007 FAX number for Attorney Catherine J Kowalewski, Darren J Robbins, David C Walton is 619-231-7423. (bb, ) (Entered: 04/03/2007)

4 Mar. 28, 2007 FAX number for Attorney Paul J Geller, Jonathan M Stein is 561-750-3364. (bb, ) (Entered: 04/03/2007)

5 Mar. 28, 2007 20 days Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to Patricia Johnson. (bb, ) Modified on 4/3/2007 (bb, ). (Entered: 04/03/2007)

6 Apr. 02, 2007 3 ORDER RE: CASE MANAGEMENT by Judge George H. King,(bp, ) (Entered: 04/17/2007)

7 Apr. 25, 2007 4 CERTIFICATION of Interested Parties filed by Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, US Auto Parts Network Inc, Sol Khazani. (bp, ) (Entered: 04/26/2007)

8 Apr. 25, 2007 5 CERTIFICATION of Interested Parties filed by Defendants RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC. (bp, ) (Entered: 04/26/2007)

9 May 01, 2007 6 ORDER OF THE CHIEF JUDGE (#07-135) approved by Chief Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by

Req # Filed # Docket Text the Court for the CREATION OF CALENDAR of Judge George H. Wu, this case is transfered from Judge George H. King to the calendar of Judge George H Wu for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 07-2030-GHK(JCx).(stsh, ) (Entered: 05/03/2007)

10 May 09, 2007 8 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon US Auto Parts Network Inc served on 4/11/2007, answer due 5/1/2007. The Summons and Complaint were served by substituted service, by federal statute, upon Michael McLane, agent for service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

11 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Sol Khazani served on 4/13/2007, answer due 5/3/2007. The Summons and Complaint were served by substituted service, by federal statute, upon Jackie Esquivi, co-occupant. Due Dilligence declaration not attached. Original Summons not attached. (bp, ) (Entered: 05/14/2007)

12 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Mehran Nia served on 4/11/2007, answer due 5/1/2007. The Summons and Complaint were served by substituted service, by federal statute, upon Faria Nia, co-occupant. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

13 May 09, 2007 9 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Michael J McClane served on 4/12/2007, answer due 5/2/2007. The Summons and Complaint were served by personal service, by federal statute, upon Michael J.McClane. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

14 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Richard E Pine served on 4/14/2007, answer due 5/4/2007. The Summons and Complaint were served by personal service, by federal statute, upon Richard E. Pine. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

15 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Fredric W Harman served on 4/10/2007, answer due 4/30/2007. The Summons and Complaint were served by personal service, by federal statute, upon Frederic W. Harman. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

16 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Ellen F Siminoff served on 4/12/2007, answer due 5/2/2007. The Summons and Complaint were served by personal service, by federal statute, upon Ellen F. Siminoff. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

17 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon RBC Capital Markets Corporation served on 4/10/2007, answer due 4/30/2007. The Summons and Complaint were served by personal service, by federal statute, upon Virginia Morgades, paralegal/authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

18 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Thomas Weisel Partners LLC served on 4/10/2007, answer due 4/30/2007.

Req # Filed # Docket Text The Summons and Complaint were served by personal service, by Federal statute, upon Mark Fisher, general counsel/authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

19 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon Piper Jaffray & Co served on 4/10/2007, answer due 4/30/2007. The Summons and Complaint were served by personal service, by Federal statute, upon Lisa Uttecht, person authorized to accept service. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

20 May 09, 2007 PROOF OF SERVICE Executed by plaintiff Patricia Johnson, upon JMP Securities LLC served on 4/10/2007, answer due 4/30/2007. The Summons and Complaint were served by personal service, by federal statute, upon Brenna Kenworthy/authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 05/14/2007)

21 May 10, 2007 10 WAIVER OF SERVICE Returned Executed filed by plaintiff Patricia Johnson. upon Robert J Majteles waiver sent by Plaintiff on 5/3/2007, answer due 7/2/2007. Waiver of Service signed by Ethan D. Roberts. (bp, ) (Entered: 05/14/2007)

22 May 11, 2007 7 MINUTES (In Chambers) by Judge George H Wu: Proceedings: Transfer of Case to Judge Wu. This action has been reassigned to the Honorable George H. Wu, United States District Judge. The magistrate judge's initials remain the same. Please substitute the initials GW in place of the initials GHK. The case number will now read: CV07-2030 GW(JCx). As documents are routed using the judge's initials, it is important to use the correct initials on all subsequent filings. Judge Wu's Courtroom Deputy Clerk, Javier Gonzalez, can be reached at (213) 894-0191 or at [email protected]. Judge Wu is located in Courtroom 10, on the Spring Street level of the United States Courthouse located at 312 N. Spring Street. Additional information about Judge Wu's procedures and schedule can be found on the Court's website at www.uscourts.gov. On the Court's own motion, a Status Conference is set for 5/23/2007 at 9:00 AM. Counsel are ordered to appear. Court Reporter: None Present. (jag, ) (Entered: 05/11/2007)

23 May 15, 2007 11 STIPULATION AND ORDER: CV07-2030 GHW; CV07-2775 GHW: Pursuant to Federal Rule of Civil Procedure 31(a), these cases are hereby consolidated into Civil Action No.CV07-2030-GHW, for all purposes, including pretrial proceedings, trial and appeal. The consolidated action shall be captioned: "In re U.S. Auto Parts Network, Inc. Securities Litigation." by Judge George H Wu :, Cases associated with Lead Case 2:07-cv-2030(bp, ) (Entered: 05/16/2007)

24 May 18, 2007 12 MINUTES before Judge George H Wu; 7 On the Court's own motion, the Status Conference is CONTINUED to 6/15/2007 09:00 AM before Judge George H Wu. Court Reporter: n/a. (jag, ) (Entered: 05/18/2007)

25 May 29, 2007 13 CERTIFICATION of Interested Parties filed by Plaintiff Patricia Johnson. (bp, ) (Entered: 06/01/2007)

26 May 29, 2007 14 NOTICE OF MOTION AND MOTION for Order for Darien Behravan for appointment as lead plaintiff and approval of lead plaintiff's selection of

Req # Filed # Docket Text counsel pursuant to section 27(a)(3)(B) of the Securities Act of 1933 Darien Behravan.Motion set for hearing on 6/25/2007 at 08:30 AM before Judge George H Wu. Lodged proposed order. (bp) (Entered: 06/11/2007)

27 May 29, 2007 15 MEMORANDUM in Support of points and authorities in support of motion of Darien Behravan for appointment as lead plaintiff and approval of lead plaintiff's selection of counsel pursuant to section 27(a)(3)(B) of the Securities Act of 1933 filed by Movant Darien Behravan. (bp) (Entered: 06/11/2007)

28 May 29, 2007 16 DECLARATION of Timothy J. Burke in support of motion for appointment as lead plaintiff and for appointment of their choice of lead counsel filed by Movant Darien Behravan. (bp) (Entered: 06/11/2007)

29 May 29, 2007 17 PROOF OF SERVICE filed by plaintiffs' Darien Behravan, Notice of motion for appointment as lead plaintiff and approval of lead plaintiff's, served on 5/29/07. (bp) (Entered: 06/11/2007)

30 May 29, 2007 18 NOTICE OF MOTION AND MOTION for Order for Sasco Investments, LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel filed by plaintiff Sasco Investments.Motion set for hearing on 6/21/2007 at 08:30 AM before Judge George H Wu. Lodged proposed order. (bp) (Entered: 06/11/2007)

31 May 29, 2007 19 MEMORANDUM of Points and Authorities in Support of MOTION for Order for Sasco Investments, LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel 18 filed by Plaintiff Sasco Investments. (bp) (Entered: 06/11/2007)

32 May 29, 2007 20 DECLARATION of Elaine T. Byszewski in support of MOTION for Order for Sasco Investments, LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel 18 filed by Plaintiff Sasco Investments. (bp) (Entered: 06/11/2007)

33 May 29, 2007 21 NOTICE OF MOTION AND MOTION to Appoint Southwest Carpenters Pension Trust as Lead Plaintiff and to Approve Lead Plaintiff's Selection of Lead Counsel filed by Class Member Southwest Carpenters Pension Trust Motion set for hearing on 6/25/2007 at 08:30 AM before Judge George H Wu. Lodged Proposed Order. (jl) (Entered: 06/11/2007)

34 May 29, 2007 22 MEMORANDUM of law in Support of MOTION for Appointment of Counsel 21 . (bp) (Entered: 06/12/2007)

35 May 29, 2007 23 DECLARATION of Tricia L. McCormick in support of MOTION for Appointment of Counsel 21 filed by Plaintiff Southwest Carpenters Pension Trust. (bp) (Entered: 06/12/2007)

36 Jun. 07, 2007 24 NOTICE of Association of Counsel associating attorney Peri B Nielsen on behalf of Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, US Auto Parts Network Inc, Sol Khazani. Filed by defendants US Auto Parts Network Inc, Fredric W Harman, Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles and Sol Khazani (bb) (Entered: 06/12/2007)

37 Jun. 07, 2007 25 NOTICE of Association of Counsel associating attorney Luke A Liss on behalf of Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, US Auto Parts Network Inc, Sol Khazani. Filed by defendants US Auto Parts Network Inc, Sol Khazani, Mehran Nia, Michael McClane, Richard Pine, Robert Majteles, Frederic Harmon and Ellen Siminoff (bb) (Entered: 06/12/2007)

Req # Filed # Docket Text 38 Jun. 07, 2007 28 NOTICE of Change of Attorney Information: Adding Nina Fran Locker for

Mehran Nia and Michael J McClane as attorney as counsel of record for the reason indicated in the G-06 Notice. Filed by defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, US Auto Parts Network Inc, Sol Khazani (ak) (Entered: 06/13/2007)

39 Jun. 12, 2007 26 STIPULATION AND ORDER by Judge George H Wu : The hearing on competing motions for consolidation, appointment as lead plaintiff and approval of lead plaintiff's selection of lead counsel is set for 7/23/07, at 8:30 a.m.; and briefing on said motions shall be filed in accordance with local civil rules 7-9 and 7-10. Judge George H Wu.(bp) (Entered: 06/13/2007)

40 Jun. 12, 2007 27 STIPULATION AND ORDER: The initial status conference, currently scheduled for 6/15/07, shall be continued to such a date and time as the court selects for the hearing on competing motions for consolidation, appointment as lead plaintiff and approval of lead plaintiff's selection of lead counsel by Judge George H Wu :(bp) (Entered: 06/13/2007)

41 Jun. 29, 2007 29 NOTICE of Appearance filed by attorney Diane Lee McGimsey on behalf of Defendants RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC (bp) (Entered: 07/02/2007)

42 Jun. 29, 2007 30 NOTICE of Appearance filed by attorney Anthony J Lewis on behalf of Defendants RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC (bp) (Entered: 07/02/2007)

43 Jul. 09, 2007 31 OPPOSITION TO MOTION for Appointment of Counsel 21 filed by Plaintiff Patricia Johnson. (bp) (Entered: 07/20/2007)

44 Jul. 09, 2007 32 DECLARATION of Tricia L. McCormick in support of opposition to MOTION for Appointment of Counsel 21 filed by Plaintiff Patricia Johnson. (bp) (Entered: 07/20/2007)

45 Jul. 09, 2007 37 MEMORANDUM of Points and Authorities in Support of MOTION for Order for Sasco Investments, LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel 18 filed by Plaintiff Sasco Investments. (bp) (Entered: 07/26/2007)

46 Jul. 16, 2007 33 REPLY Memorandum in Further Support MOTION for Appointment of Counsel 21 filed by Plaintiffs Sasco Investments, Southwest Carpenters Pension Trust, Patricia Johnson. (jl) (Entered: 07/20/2007)

47 Jul. 16, 2007 34 REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF MOTION for Order for Sasco Investments, LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel 18 filed by Plaintiff Sasco Investments. (bp) (Entered: 07/23/2007)

48 Jul. 16, 2007 35 DECLARATION of SACSO Investments, LP in support of MOTION for Order for Sasco Investments, LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel 18 filed by Plaintiff Sasco Investments. (bp) (Entered: 07/23/2007)

49 Jul. 23, 2007 36 MINUTES OF Motion Hearing held before Judge George H Wu : Motion of SASCO Investments LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel; Motion of Darien Behravan for appointment as lead plaintiff and approval of lead plaintiff's selection of counsel pursuant to section 27(a)(3)(B) of the Securities Act of 1933; and

Req # Filed # Docket Text Motion to appoint Southwest Carpenters Pension Trust as lead plaintiff and to approve lead plaintiff's selection of lead counsel. Court hears oral argument on the motions referenced above and orders plaintiffs' to submit further briefing (not to exceed seven pages) by not later than 7/30/07. Responses (not to exceed four pages) shall be filed by not later than 8/3/07. Further hearing on the motions shall be set for 8/9/07 at 8:30 a.m. The status conference set for 7/23/07 at 8:30 is CONTINUED to 8/9/07 at 8:30 a.m. Motion set for hearing on 8/9/2007 at 08:30 AM before Judge George H Wu.Court Reporter: Wil Wilcox.(bp) (Entered: 07/24/2007)

50 Jul. 30, 2007 41 NOTICE of Change of Attorney Information: Attorney Ethan Roberts will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Ethan Roberts is no longer attorney of record in this case for the reason indicated in the G-06 Notice.Ethan D Roberts is no longer attorney of record in this case for the reason indicated in the G-06 Notice. Filed by defendant US Auto Parts Network Inc (bp) (Entered: 08/16/2007)

51 Jul. 30, 2007 43 SUPPLEMENTAL MEMORANDUM Pursuant to the Court's 7/23/07 Order 36 filed by plaintiffs Sasco Investments, Southwest Carpenters Pension Trust, Patricia Johnson. (ad) (Entered: 08/18/2007)

52 Jul. 30, 2007 44 DECLARATION of Darren J Robbins in support of Supplemental Memorandum 43 filed by Plaintiffs Sasco Investments, Southwest Carpenters Pension Trust, Patricia Johnson. (ad) (Entered: 08/18/2007)

53 Aug. 03, 2007 45 SUPPLEMENTAL Memorandum of Points and Authorities in further support of the Motion of Sasco Investments, LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel filed by Plaintiff Sasco Investments. (vm) (Entered: 08/23/2007)

54 Aug. 03, 2007 46 DECLARATION of Reed R. Kathrein in support of re Supplement 45 filed by Plaintiff Sasco Investments. (vm) (Entered: 08/23/2007)

55 Aug. 06, 2007 38 APPLICATION of Lewis Kahn for Leave to Appear Pro Hac Vice. FEE PAID. filed by defendant Sasco Investments. Lodged proposed order. (bp) (Entered: 08/08/2007)

56 Aug. 09, 2007 39 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Lewis Kahn as counsel for Plaintiff Sasco Investments, designating Elaine T. Byszewski as local counsel. Fee paid. Approved by Judge George H Wu.(bp) (Entered: 08/10/2007)

57 Aug. 09, 2007 40 MINUTES OF Motion Hearing held before Judge George H Wu : Motion hearings are held. For the reasons stated on the record, the motion of Sasco Investments LP to be appointed lead plaintiff and to approve proposed lead plaintiff's choice of counsel; Motion of Darien Behravan for appointment as lead plaintiff and approval of lead plaintiffs' selection of counsel pursuant to section 27(a)(B) of the Securities Act of 1953; and motion to appoint Southwest Carpenters Pension Trus as lead plaintiff and to approve lead plaintiff's selection of lead counsel are taken under submission. Court to issue order. AStatus Conference set for 8/16/2007 08:30 AM before Judge George H Wu.Court Reporter: Wil Wilcox.(bp) (Entered: 08/10/2007)

58 Aug. 16, 2007 42 MINUTES OF Telephone Conference held before Judge George H Wu: A Scheduling Conference is hereby set for 10/1/2007 08:30 AM. Parties shall file a truncated Rule 26(f) Report by not later than 9/27/07. Judge George H Wu.Court Reporter: Wil Wilcox.(bp) (Entered: 08/17/2007)

Req # Filed # Docket Text 59 Sep. 05, 2007 48 MOTION to Intervene filed by Intervenor Plaintiff Southewest Carpenters

Pension.Motion set for hearing on 10/8/2007 at 08:30 AM before Judge George H Wu. (bg) (Entered: 09/14/2007)

60 Sep. 12, 2007 47 STIPULATION Re [PROPOSED] Joint Scheduling Order filed by plaintiff and class Lodged proposed order. (vm) (Entered: 09/13/2007)

61 Sep. 13, 2007 49 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge George H Wu ORDERING Plaintiffs Motion to Intervene pursuant to FRCP 24, Proposed Order submitted by Plaintiffs Sasco Investments, Southwest Carpenters Pension Trust, Patricia Johnson, Intervenor Plaintiff Southewest Carpenters Pension received on 9/5/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir) (Entered: 09/14/2007)

62 Sep. 13, 2007 50 NOTICE OF MOTION to Intervene 48 filed by Plaintiff Patricia Johnson. (esa) (Entered: 09/18/2007)

63 Sep. 20, 2007 51 MINUTES OF IN CHAMBERS ORDER held before Judge George H Wu On the Court's own motion, Plaintiff Southwest Carpenters Pension Trust's Motion to Intervene 50 (filed 9/5/07) set for hearing on 10/8/07 at 8:30 am is continued to 10/15/2007 at 08:30 AM before Judge George H Wu.(bg) (Entered: 09/21/2007)

64 Sep. 21, 2007 52 DECLARATION of ELAINE T. BYSZEWSKI in Support of Stipulation for Extension of Time to File Plaintiffs' Consolidated Complaint, filed by Plaintiff Sasco Investments. (bho) (Entered: 09/26/2007)

65 Sep. 21, 2007 54 STIPULATION for Extension of Time to File consolidated complaint. Lodged order. (jag) (Entered: 09/27/2007)

66 Sep. 24, 2007 53 Lead Plaintiff SASCO Investments, L.P.'s RESPONSE to Southwest Carpenters Pension Trust's MOTION to Intervene 48 filed by Plaintiff Sasco Investments. (bho) (Entered: 09/26/2007)

67 Sep. 25, 2007 55 ORDER by Judge George H Wu GRANTING Stipulation for Extension of Time to File 54 : IT IS APPROVED AND SO ORDERED that the time for Lead Plaintiff to file the Amended Consolidated Complaint shall be extended from 9/7/07 to no later than 10/4/07.(rrey) (Entered: 09/28/2007)

68 Sep. 25, 2007 56 Notice of Withdrawal of MOTION to Intervene 48 filed by Plaintiff Patricia Johnson. (shb) (Entered: 09/29/2007)

69 Oct. 01, 2007 57 MINUTES OF Status Conference held before Judge George H Wu: Counsel for plaintiff notify the Court that an amended complaint shall be filed adding a new defendant. Court orders the amended complaint to be filed no later than October 4, 2007. Defendants shall have to and including October 31, 2007 to file a dispositive motion as to the amended complaint. Opposition to the motion shall be due no later than November 27, 2007. Replies shall be due on or before December 31, 2007 at 8:30 a.m., the newly added defendant shall appear at said cscheduling conference. Status Conference set for 11/5/2007 08:30 AM before Judge George H Wu. Plaintiff shall give notice. IT IS SO ORDERED.Court Reporter: Wil Wilcox.(shb) (Entered: 10/03/2007)

70 Oct. 01, 2007 59 MINUTES OF Status Conference held before Judge George H Wu: Status Conference set for 11/15/2007 08:30 AM before Judge George H Wu. Counsel for plaintiff notify the court that an amended complaint shall be filed adding a new defendant. Court orders the amended complaint to be filed no later than October 4, 2007. Defendants' have to and including

Req # Filed # Docket Text October 31, 2007 to file a dispositive motion as to the amended complaint. Opposition to the motion shall be due no later than November 27, 2007. Replies shall be due on or before December 13, 2007 with the hearing on the motion set for December 20, 2007 at 8:30 a.m. If defendants' are not filing a motion and instead file an answer to the amended complaint, a Scheduling Conference shall be set for December 20, 2007 at 8:30a.m. The newly added defendant shall appear at the scheduling conference. A status conference is set for November 5, 2007 at 8:30 a.m. pending ths cubmission of defendants motion to dismiss. If a dismissal is filed prior to said date, the Status Conference will be taken off calendar and appearance will not be necessary. Plaintiff shall give notice. IT IS SO ORDERED. with Court Reporter: Wil Wilcox.(shb) (Entered: 10/11/2007)

71 Oct. 04, 2007 58 NOTICE OF ENTRY OF ORDER filed by plaintiff Sasco Investments. (rrey) (Entered: 10/10/2007)

72 Oct. 04, 2007 60 AMENDED CONSOLIDATED CLASS ACTION COMPLAINT against defendants and Relevant Non-Parties Oak Investment Partners IV LP, Ben Elyashar, Todd Daugherty, Lowell Mann, Brian Tinari, Alexander Adegan, Warren Riley, Massoud Entekhabi, Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC, US Auto Parts Network Inc, Sol Khazani amending Complaint - (Discovery), Complaint - (Discovery) 1 ,filed by plaintiff Sasco Investments (pj) (Entered: 10/12/2007)

73 Oct. 12, 2007 62 PROOF OF SERVICE Executed by plaintiff Sasco Investments, upon Oak Investment Partners IV LP served on 10/5/2007, answer due 10/25/2007. The Summons and Amended Consolidated Class Action Complaint were served by personal service, by no statute indicated statute, upon Tralynn Gray, Office Manger, authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (pj) (Entered: 10/16/2007)

74 Oct. 15, 2007 61 NOTICE of entry of order filed by plaintiff Sasco Investments. (pj) (Entered: 10/16/2007)

75 Oct. 31, 2007 63 NOTICE OF MOTION AND MOTION to Dismiss the Amended Consolidated Class Action Complaint filed by defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, Oak Investment Partners IV LP, US Auto Parts Network Inc, Sol Khazani.Motion set for hearing on 12/20/2007 at 08:30 AM before Judge George H Wu. Lodged Order. (vh) (Entered: 11/06/2007)

76 Oct. 31, 2007 64 OPENING BRIEF in Support of Defendants' Motion to Dismiss the Amended Consolidated Class Action Complaint 63 filed by Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, Oak Investment Partners IV LP, US Auto Parts Network Inc, Sol Khazani. (vh) (Entered: 11/06/2007)

77 Oct. 31, 2007 65 CERTIFICATE OF SERVICE filed by Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, Oak Investment Partners IV LP, US Auto Parts Network Inc, Sol Khazani, re Motion Related Document, 64 , MOTION to Dismiss Case 63 served on 10/31/07. (SEE DOCUMENT FOR FURTHER DETAILS) (vh) (Entered: 11/06/2007)

Req # Filed # Docket Text 78 Oct. 31, 2007 66 DECLARATION of Luke A. Liss in Support of Defendants' MOTION to

Dismiss the Amended Consolidated Class Action Complaint 63 filed by Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, Oak Investment Partners IV LP, US Auto Parts Network Inc, Sol Khazani. (vh) (Entered: 11/06/2007)

79 Oct. 31, 2007 67 Underwriter Defendants' NOTICE OF JOINDER AND JOINDER in MOTION to Dismiss 63 filed by Defendants RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC. (vh) (Entered: 11/08/2007)

80 Nov. 08, 2007 68 STIPULATION in Support of [Proposed] Order Continuing Hearing of Defendants' Motion to Dismiss filed by Plaintiff Sasco Investments, LP., and Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC, US Auto Parts Network Inc, Sol Khazani. Lodged Proposed Order. (pcl) (Entered: 11/13/2007)

81 Nov. 08, 2007 69 DECLARATION of Elanie T. Byszewski in support of Stipulation Continuing Hearing on Defendants' Motion to Dismiss 68 filed by Plaintiff Sasco Investments. (pcl) (Entered: 11/13/2007)

82 Nov. 14, 2007 70 ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS by Judge George H Wu: GRANTING Stipulation for Order Continuing Motion to dismiss, 68 Motion to dismiss is continued for hearing on 2/4/2008 at 08:30 AM before Judge George H Wu. (shb) (Entered: 11/14/2007)

83 Nov. 26, 2007 71 NOTICE of Entry of Order Continuing Hearing on Defendants' Motion to Dismiss filed by plaintiff Sasco Investments. (pcl) (Entered: 11/27/2007)

84 Nov. 27, 2007 72 OPPOSITION TO MOTION to Dismiss Case 63 filed by Lead Plaintiffs and class. (rrey) (Entered: 11/30/2007)

85 Dec. 13, 2007 74 REPLY BRIEF in Support of Defendants' Motion to Dismiss the Amended Consolidated Class Action Complaint, re 63 filed by Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, Oak Investment Partners IV LP, US Auto Parts Network Inc, Sol Khazani. (vh) (Entered: 12/19/2007)

86 Dec. 13, 2007 75 SUPPLEMENTAL DECLARATION of Luke A. Liss in Support of Defendants' Motion to Dismiss the Amended Consolidated Class Action Complaint MOTION to Dismiss 63 filed by Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, Oak Investment Partners IV LP, US Auto Parts Network Inc, Sol Khazani. (vh) (Entered: 12/19/2007)

87 Dec. 13, 2007 76 CERTIFICATE OF SERVICE of Reply Brief in Support of Defendants' Motion to Dismiss the Amended Consolidated Class Action Complaint and Supplemental Declaration of Luke A. Liss in Support of Defendants' Motion to Dismiss the Amended Consolidated Class Action Complaint filed by Defendants Mehran Nia, Michael J McClane, Richard E Pine, Robert J Majteles, Fredric W Harman, Ellen F Siminoff, Oak Investment Partners IV LP, US Auto Parts Network Inc, Sol Khazani, served on 12/13/07. (vh) (Entered: 12/19/2007)

88 Dec. 14, 2007 73 UNDERWRITER DEFENDANTS' NOTICE OF JOINDER IN REPLY IN SUPPORT OF MOTION to Dismiss 63 filed by Defendants RBC Capital

Req # Filed # Docket Text Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC. (shb) (Entered: 12/19/2007)

89 Jan. 31, 2008 77 Joint STIPULATION to Continue HEARING ON MOTION TO DISMISS from FEBRUARY 4, 2008 to APRIL 7, 2008 filed by Plaintiff Movant Sasco Investments. (Attachments: # 1 Proposed Order [Proposed] Order Granting Stipulation to Continue Hearing on Motion to Dismiss)(Byszewski, Elaine) (Entered: 01/31/2008)

90 Feb. 04, 2008 78 ORDER by Judge George H Wu, re Stipulation to Continue, 77 Motion set for hearing on 4/7/2008 at 08:30 AM before Judge George H Wu. (pj) (Entered: 02/08/2008)

91 Apr. 01, 2008 79 STIPULATION to Continue Hearing on Motion to Dismiss from April 7, 2008 to May 12, 2008 filed by Defendants RBC Capital Markets Corporation, Thomas Weisel Partners LLC, Piper Jaffray & Co, JMP Securities LLC. (Attachments: # 1 Proposed Order Continuing Hearing on Motion to Dismiss)(McGimsey, Diane) (Entered: 04/01/2008)

92 Apr. 07, 2008 80 ORDER by Judge George H Wu, re Stipulation to Continue 79 : 1. Assuming no issues have arisen in confirmatory discovery, Plaintiffs shall file the Stipulation of Settlement on or before May 1, 2008; and 2. If the Stipulation of Settlement is not filed on or before May 1, 2008, then the hearing on Defendants motion to dismiss shall occur on May 12, 2008 at 8:30 a.m. (bm) (Entered: 04/08/2008)

93 May 01, 2008 81 NOTICE OF MOTION AND MOTION for Order for PRELIMINARY APPROVAL OF SETTLEMENT; DIRECTING NOTICE OF PENDENCY AND SETTLEMENT CLASS ACTION; AND SETTING HEARING DATE FOR FINAL APPROVAL OF SETTLEMENT AND FOR CERTIFICATION CLASS filed by PLAINTIFF SASCO INVESTMENTS LP Sasco Investments.Motion set for hearing on 6/2/2008 at 08:30 AM before Judge George H Wu. (Byszewski, Elaine) (Entered: 05/01/2008)

94 May 01, 2008 82 MEMORANDUM in Support of MOTION for Order for PRELIMINARY APPROVAL OF SETTLEMENT; DIRECTING NOTICE OF PENDENCY AND SETTLEMENT CLASS ACTION; AND SETTING HEARING DATE FOR FINAL APPROVAL OF SETTLEMENT AND FOR CERTIFICATION CLASS 81 filed by Plaintiff Sasco Investments. (Byszewski, Elaine) (Entered: 05/01/2008)

95 May 01, 2008 83 DECLARATION of KIM E. MILLER IN SUPPORT OF LEAD PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT; DIRECTING NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION; AND SETTING HEARING DATE FOR FINAL APPROVAL OF SETTLEMENT AND FOR CERTIFICATION CLASS MOTION for Order for PRELIMINARY APPROVAL OF SETTLEMENT; DIRECTING NOTICE OF PENDENCY AND SETTLEMENT CLASS ACTION; AND SETTING HEARING DATE FOR FINAL APPROVAL OF SETTLEMENT AND FOR CERTIFICATION CLASS 81 filed by Plaintiff Sasco Investments. (Attachments: # 1 Exhibit A KAHN GUTHIER SWICK FIRM RESUME# 2 Exhibit B HAGENS BERMAN FIRM RESUME PART 1# 3 Exhibit B HAGENS BERMAN FIRM RESUME PART 2# 4 Exhibit C DECLARATION OF MEDIATOR HON. LAYN R. PHILLIPS)(Byszewski, Elaine) (Entered: 05/01/2008)

Req # Filed # Docket Text 96 May 01, 2008 84 STIPULATION for Settlement filed by PLAINTIFF SASCO

INVESTMENTS LP Sasco Investments. (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2# 4 Exhibit A-3# 5 Exhibit B)(Byszewski, Elaine) (Entered: 05/01/2008)

97 May 01, 2008 85 STIPULATION for Settlement filed by PLAINTIFF SASCO INVESTMENTS LP Sasco Investments. (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2# 4 Exhibit A-3# 5 Exhibit B# 6 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION OF SETTLEMENT)(Byszewski, Elaine) (Entered: 05/01/2008)

98 May 02, 2008 86 NOTICE OF ERRATA filed by Plaintiff Sasco Investments. correcting Stipulation for Settlement, 85 (Byszewski, Elaine) (Entered: 05/02/2008)

99 May 02, 2008 87 Amendment to MOTION for Order for PRELIMINARY APPROVAL OF SETTLEMENT; DIRECTING NOTICE OF PENDENCY AND SETTLEMENT CLASS ACTION; AND SETTING HEARING DATE FOR FINAL APPROVAL OF SETTLEMENT AND FOR CERTIFICATION CLASS 81 filed by Plaintiff Sasco Investments. (Attachments: # 1 Proposed Order [PROPOSED] ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE)(Byszewski, Elaine) (Entered: 05/02/2008)

100 May 07, 2008 88 MINUTES OF IN CHAMBERS ORDER held before Judge George H Wu. Plaintiff's MOTION for Order for PRELIMINARY APPROVAL OF SETTLEMENT and for CERTIFICATION CLASS is set for hearing on June 2, 2008. Counsel are hereby notified that the Defendants, U.S. Auto Parts Network, Inc., Sol Khazani, Mehran Nia, Michael J. Mcclane, Richard E. Pine, Robert J. Majteles, Frederic W. Harman, Ellen F. Siminoff and Oak Investment Partners XI, LP's Motion to Dismiss the Amended Consolidated Class Action Complaint (filed 10/31/07) and Underwriter Defendants' Joinder in Motion to Dismiss (filed 10/31/07) 81 set for hearing on May 12, 2008 at 8:30 a.m. are hereby vacated and deemed moot. (kbr) (Entered: 05/08/2008)

101 Jun. 02, 2008 89 APPLICATION OF NON-RESIDENT ATTORNEY Sarah Catherine Boone for Leave to Appear Pro Hac Vice. FEE PAID, filed by plaintiff Sasco Investments. Lodged Order. (bm) (Entered: 06/03/2008)

102 Jun. 02, 2008 90 MINUTES OF Motion Hearing held before Judge George H Wu:,Hearing is held. The Court appoints lead counsel as class counsel for all further proceedings.The Court confers with counsel re revisions on the notice of pendency and final approval of settlement.Counsel for the plaintiff shall submit the amended documents by no later than 12:00 p.m. on Thursday,June 5, 2008.A telephonic hearing re Plaintiffs' Motion for Preliminary Approval of Settlement; Directing Notice ofPendency and Settlement of Class Action; and Setting Hearing Date for Final Approval of Settlementand for Certification Class is set for Tuesday, June 10, 2008 at 10:00 a.m. Counsel shall contact thecourt clerk with a telephone number where counsel can be reached by no later than June 9, 2008.Court Reporter: Wil Wilcox. (pj) (Entered: 06/04/2008)

103 Jun. 04, 2008 91 ORDER by Judge George H Wu Granting APPLICATION OF NON-RESIDENT ATTORNEY Sarah Catherine Boone for Leave to Appear Pro Hac Vice 89 on behalf of Plaintiff Sasco Investments. Elaine Byszewski is designated as local counsel. Fee PAID. (bm) (Entered: 06/05/2008)

Req # Filed # Docket Text 104 Jun. 10, 2008 92 MINUTES OF Motion Hearing held before Judge George H Wu:,Hearing is

held. Court and counsel confer.For the reasons stated on the record, Plaintiffs' Motion for Preliminary Approval of Settlement;Directing Notice of Pendency and Settlement of Class Action; and Setting Hearing Date for FinalApproval of Settlement and for Certification Class is granted. Counsel for plaintiff shall submit arevised proposed order with courtesy copies sent to chambers by no later than June 11, 2008.The Court sets the following:Notice deadline June 24, 2008Publication deadline July 1, 2008Exclusion deadline August 27, 2008Written objections August 27, 2008Final Fairness hearing September 29, 2008 at 8:30 a.m.Proof of claim deadline October 29, 2008A report shall be filed by the administrator indicating how many individuals have opted out by no laterthan September 15, 2008.Court Reporter: Wil Wilcox. (pj) (Entered: 06/10/2008)

105 Jun. 11, 2008 93 NOTICE OF LODGING filed re Motion Hearing,,,, Set Deadlines/Hearings,,, 92 (Attachments: # 1 Exhibit Exhibit A Order Preliminarily Approving Settlement and Providing for Notice, # 2 Exhibit Exhibit A-1 Notice of Pendency and Proposed Settlement of Class Action Including Proposed Plan of Allocation, # 3 Exhibit Exhibit A-2 Proof of Claim and Release, # 4 Exhibit Exhibit A-3 Summary Notice)(Byszewski, Elaine) (Entered: 06/11/2008)

106 Jun. 13, 2008 94 NOTICE OF LODGING filed re Motion Hearing,,,, Set Deadlines/Hearings,,, 92 (Attachments: # 1 Exhibit A-Order Preliminarily Approving Settlement and Providing for Notice, # 2 Exhibit A-1-Notice of Pendency and Proposed Settlement of Class Action Including Proposed Plan of Allocation, # 3 Exhibit A-3-Summary Notice)(Byszewski, Elaine) (Entered: 06/13/2008)

107 Jun. 13, 2008 95 ORDER by Judge George H Wu,The Court does hereby preliminarily approve the Stipulation and thesettlement set forth therein, subject to further consideration at the Settlement FairnessHearing described below. Pending the Settlement Fairness Hearing, all Members of the Class are enjoined from initiating or prosecuting any actions or claims against any Defendant or Related Party that are within the scope of the Releases provided for by the Stipulation. (SEE ATTACHED ORDER) (pj) (Entered: 06/16/2008)

108 Sep. 15, 2008 96 NOTICE filed by Plaintiff Sasco Investments. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration)(Byszewski, Elaine) (Entered: 09/15/2008)

109 Sep. 15, 2008 97 NOTICE of Motion and Memorandum of Points and Authorities in Support of Application for Award of Attorney's Fees and Reimbursement of Expenses filed by Plaintiff Sasco Investments. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Declaration of Elaine T. Byszewski, # 4 Exhibit Byszewski Declaration Exhibit A part 1, # 5 Exhibit Byszewski Exhibit A part 2, # 6 Exhibit Byszewski Exhibit B)(Byszewski, Elaine) (Entered: 09/15/2008)

110 Sep. 16, 2008 98 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Motions under MOTIONS AND RELATED FILINGS RE: Notice (Other) 96 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (pj) (Entered: 09/16/2008)

Req # Filed # Docket Text 111 Sep. 17, 2008 99 MINUTES before Judge George H Wu; Counsel are hereby notified that on

the Courts own motion the following matters set for September 29, 2008 at 8:30 a.m., is continued to October 2, 2008 at 8:30 a.m.: 1. Final Fairness Hearing; 2. Plaintiff's Motion for Final Approval of Settlement and Plan of Allocation (filed 09/15/08); 3. Plaintiff's Motion for Award of Attorney's Fees and Reimbursement of Expenses (filed 09/15/08). IT IS SO ORDERED. (jag) (Entered: 09/17/2008)

112 Sep. 17, 2008 100 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS: by Javier Gonzalez Deputy Clerk for Judge George H Wu. The documents are accepted as filed. Please take notice of the deficiency. Further errors will result in your documents being stricken for failure to follow CM/ECF procedures. RE: Notice (Other), Notice (Other) 97 , Notice (Other) 96 (pj) (Entered: 09/18/2008)

113 Sep. 22, 2008 101 (Lewis, Anthony) (Entered: 09/22/2008) 114 Sep. 23, 2008 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed

Documents. The following error(s) was found: NO TEXT IN DOCKET ENTRY TO IDENTIFY OR RELATE TO ATTACHMENT RE: Notice of Change of Attorney Information (G-06) 101 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 09/23/2008)

115 Sep. 26, 2008 103 MINUTES OF IN CHAMBERS ORDER held before Judge George H Wu: Counsel are hereby notified that on the Courts own motion the following matters set for October 2, 2008 at 8:30 a.m., are continued to October 9, 2008 at 8:30 a.m.: 1. Final Fairness Hearing; 2. Plaintiff's Motion for Final Approval of Settlement and Plan of Allocation (filed 09/15/08); 3. Plaintiff's Motion for Award of Attorney's Fees and Reimbursement of Expenses (filed 09/15/08). (ake) (Entered: 09/26/2008)

116 Oct. 06, 2008 104 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk of Court: The document is stricken for failure to identify the title of the document on the docket. Defendant is ordered to re-file the document within 24 hours and properly identify the document. 101 102 (ake) (Entered: 10/06/2008)

117 Oct. 06, 2008 105 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Settlement Plan and Allocation filed by Plaintiff Sasco Investments. Motion set for hearing on 9/29/2008 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Proposed Order [PROPOSED] FINAL ORDER AND JUDGEMENT OF DISMISSAL WITH PREJUDICE OF CLASS ACTION, AND APPROVAL OF THE PLAN OF ALLOCATION, # 2 Declaration Declaration of Sasan Sudeghpour in Support of (1) Approval of Proposed Settlement and (2) Award of Attorney's Fees and Reimbursement of Expenses, # 3 Declaration Declaration of Kim Miller, # 4 Declaration Declaration of Mediator Hon. Layn R. Phillips, # 5 Declaration Declaration of Peter Craig, # 6 Declaration Declaration of John Hammerslough)(Byszewski, Elaine) (Entered: 10/06/2008)

118 Oct. 07, 2008 106 DECLARATION re Notice (Other) 96 Corrected Declaration of Lewis

Req # Filed # Docket Text Kahn filed by Plaintiff Sasco Investments. (Attachments: # 1 Exhibit Exhibit A - Firm Resume, # 2 Declaration Exhibit B - Summary of Attorney's Fees and Costs, # 3 Declaration Exhibit C - Summary of Unreimbursed Expenses)(Byszewski, Elaine) (Entered: 10/07/2008)

119 Oct. 08, 2008 107 DECLARATION re Notice (Other) 96 [AMENDED] DECLARATION OF KIM E. MILLER IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION, AND THE AWARD OF ATTORNEYS FEES AND EXPENSES filed by Plaintiff Sasco Investments. (Byszewski, Elaine) (Entered: 10/08/2008)

120 Oct. 09, 2008 108 MINUTES OF PLAINTIFF'S MOTION FOR SETTLEMENT AND ATTORNEY'S FEES 103 105 held before Judge George H Wu: The tentative circulated is hereby adopted as the Court's final ruling (see attached). Plaintiff's Motions for Final Approval of Settlement and Plan of Allocation and for Award of Attorney's Fees and Reimbursement of Expenses are granted. Court will sign orders.Court Reporter: Wil Wilcox. (ake) (Entered: 10/10/2008)

121 Oct. 10, 2008 109 ORDER by Judge George H Wu,The Court finds and concludes that the Fee Request requested by Lead Plaintiffs counsel of 25% of the Settlement Fund, is under the circumstances, fair and reasonable, and, therefore, the Court awards Lead Plaintiffs counsel $2,500,000, plusinterest hereafter from until paid based on the same rate of interest earned by theSettlement Fund, to be paid from the Settlement Fund as provided in the Stipulation.2. The Court finds and concludes that the request by Lead Plaintiffscounsel for expenses reasonably and necessarily incurred in the prosecution of theLitigation is, under the circumstances, fair and reasonable, and the Court allows LeadPlaintiffs counsels request for such expenses in the amount of $45,163.98, plus interest hereafter from until paid based on the same rate of interest earned by the Settlement Fund, to be paid from the Settlement Fund as provided in the Stipulation. 3. The Court finds and concludes that the requested reimbursement for time,efforts, and expenses is reasonable and awards Lead Plaintiff Sasco Investments, LP $12,500 to be paid from the settlement Fund as provided in the Stipulation (pj) (Entered: 10/15/2008)

122 Oct. 10, 2008 110 FINAL ORDER AND JUDGMENT OF DISMISSAL WITH PREJUDICE OF CLASS ACTION, AND APPROVAL OF THE PLAN OF ALLOCATION by Judge George H Wu,, (Made JS-6. Case Terminated.) (bp) (Entered: 10/15/2008)

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