United States District Court District of Massachusetts (Boston)...

US District Court Civil Docket as of September 12, 2012 Retrieved from the court on October 19, 2013

United States District Court District of Massachusetts (Boston)

CIVIL DOCKET FOR CASE #: 1:97-cv-10304-NMG

Latorraca, et al v. Centennial Technologies Inc., et al Assigned to: Judge Nathaniel M. Gorton Demand: $0 Case in other court: First Circuit, 08-02477 Cause: 15:78m(a) Securities Exchange Act

Consolidated Plaintiff

Date Filed: 02/11/1997 Date Terminated: 11/26/2002 Jury Demand: Both Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question

Sal Latorraca represented by Jeffrey C Block Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA 02110 617-398-5600 Email: jeffblockesq.com LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Glen DeValerio Berman DeValerio One Liberty Square 8th Floor Boston, MA 02109 617/542-8300 Fax: 617-542-1194 Email: gdevaleriobermandevalerio. com ATTORNEY TO BE NOTICED

Patrick T. Egan Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 617/542-8300 Fax: 617-542-1194 Email: peganbermanesq.com ATTORNEY TO BE NOTICED


John M. Babington represented by Edward F. Haber

Shapiro Haber & Umiy LLP 53 State Street 37th Floor Boston, MA 02109 617-439-3939 Fax: 617-439-0134 Email: [email protected] LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Thomas G. Shapiro Shapiro Haber & Umiy LLP 53 State Street Boston, MA 02108 617-439-3939 Fax: 617-439-0134 Email: [email protected] LEAD A TTORZVEY ATTORNEY TO BE NOTICED


Edward Campanelli represented by Edward F. Haber (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle H. Blauner Shapiro Haber & Umiy LLP 53 State Street 37th Floor Boston, MA 02109 617-439-3939 Fax: 617 439-0134 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas G. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Christine Campaneffi

represented by Edward F. Haber (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle H. Blauner (See above for address)

LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Thomas G. Shapiro (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED


Robert Bernard represented by Edward F. Haber (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle H. Blauner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Howard P. Schwartz represented by Edward F. Haber (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Miriam Thurm represented by Edward F. Haber (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Felix Smolensky represented by Edward F. Haber (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Thomas G. Shapiro (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED

represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED






Dr. Robert Blashka


Stephen Campbell


Barbara Aim Korns


Ronald Rees


Yaakov Glatter



William Karges, Jr. represented by Howard D. Finkelstein Finkelstein & Associates 501 West Broadway Suite 1250 San Diego, CA 92101 619-238-1333

Email: [email protected] LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Ralph M. Stone Shalov Stone & Bonner LLP 485 Seventh Avenue Suite 1000 New York, NY 10018 212-239-4310 LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Stephen Moulton Moulton & Gans, PC 33 Broad Street 11th Floor Boston, MA 02109 617-369-7979 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Steven Goldman represented by Howard D. Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ralph M. Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen Moulton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


M.D. Randi Warren represented by Howard D. Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ralph M. Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen Moulton

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


Max Bruysschaard represented by Edward F. Haber (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED






represented by Gretchen M. Van Ness 44 School Street Suite 510 Boston, MA 02108 617-723-5060 Fax: 617-723-6546 Email: gretchenvannessearthlink.net LEAD ATTORNEY ATTORNEY TO BE NOTICED


Arnold Korelitz


Myer Shapiro


Karl Baukthght


Morris Weinstein


Lori L. Sanders Derivatively on Behalf of Centennial Technologies Inc.

Robert S. Schubert Schubert & Reed LLP Two Embarcadero Center Suite 1050 San Francisco, CA 94111 415-788-4220 LEAD A TTORZVEY ATTORNEY TO BE NOTICED


Jessie B. Carnevale on behalf of herself and all others similarly situated

represented by Michelle H. Blauner (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED



Stanley Egelberg on behalf of himself and all others similarly situated

represented by Michelle H. Blauner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Sherri] Eapen represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Sheeba Cherian represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Leon Troll


represented by Jeffrey C Block (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED

represented by Jeffrey C Block (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED


represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Robert Weiss


Michael Sorkin


David E. Hill


Devereux Green Hill on her own behalf and on behalf of all others similarly situated


Jennifer L. Ellis



Robert J. Suarez represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Irving Gunk



Anthony Kalioros represented by Glen DeValerio


represented by Glen DeValerio (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED





represented by Norman Berman Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square Boston, MA 02109 617-542-8300

Email: NBermanBermanesq. com LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Norman Berman (See above for address) LEAD ATTORNEY


Leon North


David Waikus


Stephan Eggly


Gordon Sokich


Rosen & Yampolsky Partnership


Barbara Strunk


Richard Strunk



Manuel De Almeida represented by Norman Berman (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED


Ines De Almeida represented by Norman Berman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Jonathan Boms represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Harry Curry represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Robert Robinson represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Albert Shapiro represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Steven S. Siegelaub


Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Stanton L. Triester represented by Glen DeValerio (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED


Carl Chaikin


Carl Chaikin Carl Chalk/n IRA


Susan Chailiin


Cliff Associates


Pat V. Caputi


Freeman Family Partnership


MBR Produce Corp. Retirement Plan, Douglas Freeman, Trustee









Eugene Shapiro represented by Glen DeValerio






represented by Peter A. Lagorio Law Office of Peter A. Lagorio 63 Atlantic Avenue Boston, MA 02110 617-367-4200 Fax: 617-227-3384 LEAD ATTORNEY ATTORNEY TO BE NOTICED


WHU Enterprises, Inc


Marsha J. Taylor


James Aboud


Robert H. Wittemeyer


JCT Design Enterprises, Inc.

Saul Roffe Sirota & Sirota 747 Third Avenue New York, NY 10017 212-759-5555 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Earl L. Mitchell

represented by Gretchen M. Van Ness (See above for address)


represented by Murray Miller Miller & Miller Ltd. 3200 N. Central Avenue Suite 2250 Phoenix, AZ 85012 602-266-8440 LEAD A TTORZVEY ATTORNEY TO BE NOTICED

represented by Murray Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Marc Redlich Law Offices of Marc Redlich Three Center Plaza Suite 400 Boston, MA 02108 617-720-0900 Fax: 617-720-0987 Email: generalredlichlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED


Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew Evan Miller Cuneo Gilbert & LaDuca, LLP 507 C Street, NE Washington, DC 20002 202-789-3960 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Kantial R. Pate!


Ranjan K. Pate!


Anatole Geiche


Charles Philips derivatively on behalf of Centennial Technologies, Inc.


Moshe Ariel on his behalf and on behalf of all others similarly situated

represented by Edward F. Haber (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED

represented by Samuel Kornhauser Law Offices of Samuel Kornhauser 155 Jackson St. Suite 1807 San Francisco, CA 94111 415-981-6281 LEAD A TTORZVEY ATTORNEY TO BE NOTICED

represented by Samuel Kornhauser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED





represented by Samuel Kornhauser (See above for address)


Marty Burstein


Dr. Robert Boorstein


Richard Baum


Urmila Bhargava


Stanley H. Bigelow


Robert Boone


Shirley L. Boone



Jeffrey Bruno represented by Samuel Kornhauser (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED







represented by Samuel Kornhauser (See above for address) LEAD ATTORNEY


Robert Burke


John Cassetti


Ralph Clock


Rachanee Clovis


Dr. Elliot Cohen


Muriel Cohen


Dr. Thomas Conrad



represented by Samuel Kornhauser (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED








Phillip Crary


John Downward


William Dukes


Ronald Falk


Glenn Falkow ski


Hermann Fasel


Charles Ferris

Joan Firestone represented by Samuel Kornhauser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Leslie Gelman


Gene Griffin


Deborah Gruen


Janet Gustafson


Tom Herson


Mitchell Hirsch


Lord Hirsch


Ken Kamins










Karin Kerns represented by Samuel Kornhauser (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED










David M. Kerr


David Komet


Jun Korth


Prem Kumar


Clark Lagow


John Landis


Dr. Larry L. Liliover

John G. Lowe represented by Samuel Kornhauser



Dawn Luber represented by Samuel Kornhauser (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED







represented by Samuel Kornhauser (See above for address)


David Maim


Emerson Marsh


Laveta Marsh Revocable Trust


Don L. McGinnis


Edward Meece


James Meeker


Steve Molis



Patricia Newcombe represented by Samuel Kornhauser (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED







represented by Samuel Kornhauser (See above for address) LEAD ATTORNEY


Robert Newcombe


Rakesh Parilih


Dr. Patrick Peavy


Pentz Revocable Living Trust


Michael Radigan


Ronald A. Remick


Joseph E. Rizk











Pan! E. Romano


Judith A. Romano


William Ryan


Glenn Scott


Craig Seger


Melvin Seizuick


Curt Shuey

Charles Smith



Geoffrey Smith


Townsvffle Trading, LTD.


Prasad Srinivasan


Douglas W. Stone


Mark Susnow


Bill Tifft


Henry W. Tooke


Paul Vignale










Victor Vizitei



Jun Wahl



William J. Walton represented by Samuel Kornhauser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Jean Williams represented by Samuel Kornhauser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Gordon Wong represented by Samuel Kornhauser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Ronald Schwartz represented by David J. Bershad on behalf of themselves and all others

Milberg Weiss Bershad Hynes & Lerach

similarly situated

LLP One Pennsylvania Plaza 49th Floor New York, NY 10119 212-594-5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jack G. Fruchter Abraham, Fruchter & Twersky, LLP One Penn Plaza Suite 2805 New York, NY 10119

212-279-5050 Email: [email protected] LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Nancy F. Gans Moulton & Gans, P.C. 55 Cleveland Road Wellesley, MA 02481 781-235-2246 Fax: 781-239-0353 Email: nlfgansgmail.com LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Norman Berman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stanley D. Bernstein Bernstein Liebhard & Lifshitz,LLP 10 East 40th Street New York, NY 10016 212-779-1414 Email: [email protected] LEAD ATTORNEY PRO HA VICE ATTORNEY TO BE NOTICED

Stephen Moulton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

David Finkelstein represented by David J. Bershad on behalf of themselves and all others

(See above for address)

smilarly situated

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jack G. Fnichter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy F. Gans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stanley D. Bernstein (See above for address) LEAD A TTORZVEY PRO HA VICE ATTORNEY TO BE NOTICED

Stephen Moulton (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Plaintiff

All Plaintiffs represented by Abigail R. Romeo Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 617-542-8300 Fax: 617-542-1194 Email: aromeobermanesq. com ATTORNEY TO BE NOTICED

Glen DeValerio (See above for address) ATTORNEY TO BE NOTICED

Patrick T. Egan (See above for address) ATTORNEY TO BE NOTICED

V.

Consolidated Defendant

A. Uiri Levy


Jay Alix and Associates represented by David A. Brown Sherin & Lodgen LLP 100 Summer Street Boston, MA 02110 617-646-2000 Fax: 617-646-2222 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James M. Wodanski Mintz, Levin, Cohn, Ferris, C}lovsky &

Popeo, PC 42nd Floor One Financial Center Boston, MA 02110 617-348-1855 Email: [email protected] LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Robert J. Muldoon, Jr. Sherin & Lodgen LLP 101 Federal Street Boston, MA 02110-2104 617-646-2000 Fax: 617-646-2222 Email: [email protected] LEAD A TTORZVEY ATTORNEY TO BE NOTICED


Bond D. Fletcher represented by Spencer M. Kagan Kagan Law Offices One Or Square Revere, MA 02151 781-289-3417 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen F. Murray 1 Or Square Revere, MA 02151 781-289-3417 Fax: 781-289-3449 Email: sfmurrayesqhotmail. com LEAD ATTORNEY ATTORNEY TO BE NOTICED


Mediajet, Inc. represented by Spencer M. Kagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen F. Murray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Suncrest LTD represented by Spencer M. Kagan


Stephen F. Murray (See above for address) LEAD A TTORZVEY ATTORNEY TO BE NOTICED


Media Jet, Inc.


Lehman Brothers, Inc. represented by Crystal D. Talley Boston University 125 Bay State Rd. Boston, MA 02215 617-951-7000 Fax: 617-951-7050 Email: ctalleybu.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

John D. Donovan, Jr. Ropes & Gray LLP - MA Prudential Tower 800 Boylston St. Boston, MA 02199-3600 617-951-7566 Fax: 617-951-7050 Email: jdonovanropesgray. com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark Szpak Ropes & Gray LLP One International Place Boston, MA 02110 617-951-7606 Fax: 617-951-7050 Email: mszpakropesgray. com LEAD ATTORNEY ATTORNEY TO BE NOTICED


Presage Corp./BBC Computers represented by Albert F. Cullen, Jr. 60 K Street South Boston, MA 02127 617-268-2240 Fax: 617-268-2242

Email: [email protected] LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Defendant

Centennial Technologies Inc.

Defendant

Emanuel Pinez TERMINATED: 0611312001

Defendant

James M. Murphy, Jr. TERMINATED: 0611312001

Defendant

John J. McDonald

Defendant

John J. Shields

Defendant

J.P. Luc Beaubien

Defendant

William M. Kinch

Defendant

William J. Shea

Defendant

Donald R. Peck

Defendant

Robert Silva

Defendant

Coopers & Lybrand Coopers & LybrandL.L.P.

represented by John F. Cullen P.O. Box 290038 Charlestown, MA 02129 617-242-4860 Fax: 617-242-7026

Email: [email protected] TERMINATED: 0611312001 LEAD A TTOR]VEY ATTORNEY TO BE NOTICED

represented by Dennis M. Kelleher Skadden, Arps, Slate, Meagher & Flom One Beacon Street 31st Floor Boston, MA 02108

617-573-4800 Fax: 617-573-4822 LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Thomas J. Dougherty Skadden, Arps, Slate, Meagher & Flom LLP One Beacon Street Boston, MA 02108 617-573-4800 Fax: 617-573-4822 Email: doughertyskadden. com LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Defendant

Needham & Co., Inc. represented by Peter M. Saparoff Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC One Financial Center Boston, MA 02111 617-542-6000 Fax: 617-542-2241 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Cabot Heritage Corporation

Defendant

Lawrence J. Ramaekers represented by Christopher A. Duggan Smith Duggan Buell & Rufo LLP. Three Center Plaza, Suite 800 Boston, MA 02108-2011 617-228-4444 Fax: 781-259-1112 Email: Chris. DugganSmithDuggan. com LEAD ATTORNEY ATTORNEY TO BE NOTICED

David A. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James M. Wodarski (See above for address) LEAD ATTORNEY


Lawrence G. Campbell Dickinson, Wright, Moon, Van Dusen & Freeman 500 Woodward Avenue Suite 4000 Detroit, MI 48226-3425 313-223-3500 LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Matthew J. Walko Smith Duggan Bud! & Rufo LLP Suite 800 Three Center Plaza Boston, MA 02108-1906 617-248-4400 Fax: 617-248-9320 Email: MJWalkoSmithDuggan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert J. Muldoon, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas G. McNeil Dickinson, Wright, Moon, Van Dusen & Freeman 500 Woodward Avenue Suite 4000 Detroit, MI 48226-3425 313-223-3500 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Thomas Kinch represented by David M. Osborne Federal Defenders Office 601 Walnut Street 545 West Philedelphia, PA 19106 215-928-0520 Fax: 215-928-0826 Email: davidosbornefd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael A. Collora Collora LLP 100 High Street 20th Fir. Boston, MA 02110 617-371-1002 Fax: 617-371-1037 Email: mcoiioracoiioraiip.com LEAD A TTORZVEY ATTORNEY TO BE NOTICED

Unknown

Taniki Financial Corporation represented by Joseph D. Steinfield Prince Lobel Tye LLP 100 Cambridge Street Suite 2200 Boston, MA 02114 617-456-8015 Fax: 617-456-8100 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph P. Calandreffi Kenney & Sams, P.C. 134 Turnpike Road Southboro, MA 01772 508-490-8500 Fax: 508-490-8501 Email: JPCaiandreiiiKandSiegai.com ATTORNEY TO BE NOTICED

V

Trustee

H&R Block Financial Advisors, Inc. represented by Christina N. Davilas Bingham McCutchen One Federal Street Boston, MA 02110-1726 617-951-8890 Fax: 617-428-6414 Email: cbristina.daviiasbingham.com ATTORNEY TO BE NOTICED

Date Filed

# Docket Text

02/11/1997

1 Complaint flied. Case assigned to Judge: Keeton. Receipt #: 120981 Amount:$ 150.00. Fcc Status: Paid. (fmr) (Entcred: 02/12/1997)

02/11/1997

02/21/1997

03/03/1997

03/17/1997

Summons issued for Centennial Tech, Emanuel Pinez, James M. Murphy Jr. (fm -) Modified on 02/14/1997 (Entered: 02/12/1997)

Judge Robert E. Keeton. Practice and Procedure Order No. 1 entered. cc/cl . (fmr) Modified on 03/25/1997 (Entered: 02/24/1997)

Consolidated Lead Case. (U) (Entered: 02/19/1998)

3 Return of service executed as to Emanuel Pinez in 1:97-cv-10304 with service on 2/27/97 filed. Answer due on 3/19/97 for Emanuel Pinez (fm -) (Entered: 03/05/1997)

4 Return of service executed as to Centennial Tech in 1:97-cv-10304 with service on 2/20/97 filed. Answer dtic on 3/12/97 for Cciiiciinial Tcch (fm-) (Enicred: 03/05/1997

12 Request for addition to panel aftornev'.s scr\ icc list. (liii) ( Iiitcicd: 04/03/1997)

02/21/1997

03/03/1997

03/19/1997 5 Amended complaint by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97- cv-10304 filed. (Answer due 3/31/97 for James M. Murphy Jr., for Emanuel Pinez, for Centennial Tech). Amended complaint amends [1-fl complaint; adding. (fmr) (Entered: 03/20/1997)

03/21/1997 6 Return of service executed as to James M. Murphy Jr. in 1:97-cv-10304 with service on 3/15/97 filed. Answer due on 4/4/97 for James M. Murphy Jr. (fm -) (Entered:

103/21/1997)

03/24/1997 7 Judge Robert E. Keeton. Notice of Hearing/conference: set case management conference for 4:00 4/10/97 before Judge Robert E. Keeton cc/cl. (fmr) (Entered: 03/25/1997)

03/24/1997 8 STIPULATION (Motion) by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1 :97-cv- 10304, Centennial Tech in 1 :97-cv- 10304, for order of scheduling order, filed. (fm-) (Entered: 03/25/1997)

03/24/1997

10 Notice of appearance of attorney for Coopers & Lybrand in 1 :97-cv- 10304 by Thomas J. Dougherty, filed. (fmr) (Entered: 03/25/1997)

03/25/1997

9 Notice of appearance of attorney for Coopers & Lybrand in 1 :97-cv- 10304 by Dennis M. Kelleher, filed. (fmr) (Entered: 03/25/1997)

03/26/1997 11 Motion by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97-cv-10304 to defer entry of the stipulation and (proposed) order to set a briefing schedule , filed. (fm-) (Entered: 04/03/1997)

04/04/1997 13 Notice of appearance of attorney for Lawrence J. Ramaekers in 1:97-cv-10304 by Christopher A. Duggan, filed. c/s. (fm-) (Entered: 04/08/1997)

04/07/1997 15 Response by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97-cv-10304 in opposition to motion to defer entry of stipulation and (proposed order), filed. (fm -) (Entered: 04/08/1997)

04/07/1997 16 Joint statement by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97-cv- 10304, Centennial Tech in 1:97-cv-10304, John J. McDonald in 1:97-cv-10304, John J. Shields in 1:97-cv-10304, William M. Kinch in 1:97-cv-10304, William J. Shea in 1:97-cv-10304 , re: Agenda for Case Management Conference, filed. (fmr) (Entered: 04/09/1997)

04/08/1997 14 STIPULATION (Motion) by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1 :97-cv-10304, Coopers & Lybrand in 1 :97-cv-10304, to c\tcnd time to 5/9/97 to answerthe complaint, filed. (fmr) (Entered: 04/08/1997)

04/08/1997

04/08/1997

04/08/1997

04/08/1997

Judge Robert E. Keeton. Endorsed Order entered granting [14-1] stipulation motion to extend time to 5/9/97 to answerthe complaint. cc/cl . (fm-) (Entered: 04/08/1997)

17 Statement of counsel filed by Coopers & Lybrand in 1:97-cv-10304,Re: Case Management Conference. (fmr) (Entered: 04/10/1997)

18 Return of service executed as to Centennial Tech in 1:97-cv-10304 with service on 2 21/97 filed. Answer due on 3/13/97 for Centennial Tech (fm -) (Entered: 04/10/1997

19 Return of service executed as to Emanuel Pinez in 1:97-cv-10304 with service on 2/21/97 filed. Answer due on 3/13/97 for Emanuel Pinez (fm -) (Entered: 04/10/1997)

04/08/1997 20 Return of service executed as to John J. McDonald in 1:97-cv-10304 with service on 2/24/97 filed. Answer due on 3/17/97 for John J. McDonald (fm -) (Entered: 04/10/1997)

04/08/1997

1 Return of sen icc c\ccutcd as to William J. Slica in 1 :97-c-10304 with sen icc on 2/20/97 filed. \Ils\\ ci duc on 3/12/97 for Will mill 1. Shca br) (Entered: 04 10 1

04/08/1997

22 \otice of appearance of attorney for Needham & Co., Inc. in 1:97-cv-10304 by Peter M. Saparoff, filed. c/s. (fm-) (Entered: 04/10/1997)

04/08/1997 23 Motion for Juden Justice Reed to appear pro hac vice, filed. (fm -) (Entered:

04/10/1997)

04/09/1997 24 Motion by Needham & Co., Inc. in 1:97-cv-10304 for Francis S. Chlapowski to appear pro hac vice, filed. (fmr) (Entered: 04/10/1997)

04/09/1997 2 Affidavit of Franci Chlapowski) (Needham & Co., Inc.) in 1:97-cv-10304, re: [24-1] motion for Francis S. Chlapowski to appear pro hac vice, filed. (fmr) (Entered: 04/10/1997)

04/09/1997

04/09/1997

04/09/1997

04/09/1997

04/10/1997

04/10/1997

26 Motion by Needham & Co., Inc. in 1:97-cv-10304 for H. Miriam Farber to appear pro hac vice, filed. (fm-) (Entered: 04/10/1997)

27 \ffidavit of H. Miriam Farber, re: [26-1] motion for H. Miriam Farber to appear pro hac vice filed. (fm-) (Entered: 04/10/1997)

:s Motion for Gregory A. Markel to appear pro hac vice, filed. c/s. (fm -) (Entered: 04/10/1997)

29 Affidavit of Gregory A. Markel, re: [28-1] motion for Gregory A. Markel to appear pro hac vice, filed. (fmr) (Entered: 04/10/1997)

30 Motion by Lawrence J. Ramaekers in 1:97-cv-10304 for Thomas G. McNeill and Lawrencc G. Campbell to appcar pro hac vicc filed. (fm -) (Entcred: 04/11/1997)

Casc iiaiiaciiiciit conferejicc held. (fm) Iiitcrcd: 04/1 1/1F)7

04/10/1997 31 Judge Robert E. Keeton. Clerk's Notes: re: CMC. granting [28-1] motion for Gregory A. Markel to appear pro hac vice, granting [26-1] motion for H. Miriam Farber to appear pro hac vice, granting [24-1] motion for Francis S. Chlapowski to appear pro

04/11/1997

hac vice, granting [23-1] motion for Juden Justice Reed to appear pro hac vice, and setg case management conference for 4:00 5/13/97 Court Reporter: Willette. (fmr) (Entered: 04/11/1997)

Judge Robert E. Keeton. Endorsed Order entered granting [30-1] motion for Thomas G. McNeil! and Lawrence G. Campbell to appear pro hac vice. cc/cl (fm-) (Entered: 04/14/1997)

04/14/1997 32 Motion by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97-cv-10304to appoint ccrtain represciitatiN cs as lead plaintiffs and to appoint counsel , filed. (fm -) (Entered: 04/16/1997)

04/14/1997

04/14/1997

33 Affidavit of Jeffrey C. Block, re: [32-fl motion to appoint certain representatives as lead plaintiffs and to appoint counsel, filed. (fm -) (Entered: 04/16/1997)

Proposed Order appointing lead plaintiffs and the retention of plaintiffs' counsel by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97-cv- 10304 received for filing. (fm-) (Entcred: 04/16/1997)

04/14/1997 34 Memorandum by Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97-cv- 10304 in support of [32-fl motion to appoint certain representatives as lead plaintiffs and to appoint counsel, filed. (fmr) (Entered: 04/16/1997)

04/21/1997 35 Reply/response by Coopers & Lybrand in 1:97-cv- 10304 to [32-fl motion to appoint certain representatives as lead plaintiffs and to appoint counsel , filed. (fm -) (Entered: 04/22/1997)

04/23/1997

04/23/1997

04/23/1997

04/23/1997

lo Motion of derivative Plaintiffs to consolidate derivative cases and appoint lead derivative counsel, filed. (fm -) (Entered: 04/24/1997)

U Memorandum in support of [36-1] motion to consolidate derivative cases and appoint lead derivative counsel, filed. (fm-) (Entered: 04/24/1997)

38 Affidavit of Robert C. Schubert, re: [37-1] support memorandum, [36-1] motion to consolidate derivative cases and appoint lead derivative counsel , filed. (fmr) (Entered: 04/24/1997)

Proposed Order Consolidating Derivative Cases and Appointing Lead Derivative Counsel received for filing. (fm -) (Entered: 04/24/1997)

04/30/1997 39 Motion by Centennial Tech in 1:97-cv-10304, James M. Murphy Jr. in 1:97-cv-10304, Needham & Co, Inc in 1 97-cv-10304, Cabot Heritage Corp in 1 97-cv-10304 to amend proposed order appointing lead plaintiffs and lead counsel solely to prevent undue burden and expense filed. (fmr) (Entered: 05/01/1997)

05/06/199 7

05/06/1997

05/06/1997

41 Return of service executed as to James M. Murphy Jr. in 1:97-cv-10304 with service on 3/24/97 filed. Answer due on 4/14/97 for James M. Murphy Jr. (fm -) (Entered: 05/06/1997)

42 Return of service executed as to John J. Shields in 1:97-cv-10304 with service on 3/24/97 filed. Answer due on 4/14/97 for John J. Shields (fm -) (Entered: 05/06/1997)

43 Return of servicc c\ccutcd as to J.P. Luc Beaubien in 1:97-c-10304 with servicc on 3/24/97 filed. Answer due on 4/14/97 for J.P. Luc Beaubien (fm -) (Entered: 05/06/1997)

05/06/1997

44 Return of service executed as to William M. Kinch in 1:97-cv-10304 with service on 3/24/97 filed. Answer due on 4/14/97 for William M. Kinch (fm -) (Entered: 05/06/1997)

05/06/1997

05/06/1997

05/06/1997

4 Rcturn of service executed as to Donald R. Peck in 1:97-cv-10304 with service on 3/24/97 filed. Answer due on 4/14/97 for Donald R. Peck (fm -) (Entered: 05/06/1997)

46 Return of service executed as to Robert Silva in 1:97-cv-10304 with service on 3/24/97 filed. Answer due on 4/14/97 for Robert Silva (fmr) (Entered: 05/06/1997)

47 Return of service executed as to Lawrence J. Ramaekers in 1 :97-cv- 10304 with service on 4/16/97 filed. Answer due on 5/6/97 for Lawrence J. Ramaekers (fm -) (Entered: 05/06/1997)

05/06/1997

05/06/1997

05/06/1997

05/09/1997

05/13/1997

4S Return of service executed as to Coopers & Lybrand in 1:97-cv-10304 with service on 3/24/97 filed. Answer due on 4/14/97 for Coopers & Lybrand (fm -) (Entered: 05/06/1997)

49 Return of service executed as to Needham & Co., Inc. in 1:97-cv-10304 with service on 3/25/97 filed. Answer due on 4/14/97 for Needham & Co., Inc. (fmr) (Entered: 05/06/1997)

50 Return of service executed as to Cabot Heritage Corp. in 1:97-cv-10304 with service on 3/31/97 filed. Answer due on 4/21/97 for Cabot Heritage Corp. (fmr) (Entered: 05/06/1997)

51 Notice of Memorandum concerning issues for the 5/13/97 CMC by Lawrence J. Ramaekers in 1:97-cv- 10304 filed. (fm -) (Entered: 05/12/1997)

Case management conference held. (fm -) (Entered: 05/16/1997)

05/13/1997 53 Judge Robert E. Keeton. Clerk's Notes: re: CMC. granting [32-1] motion to appoint certain representatives as lead plaintiffs and to appoint counsel granting [39-1] motion to amend proposed order appointing lead plaintiffs and lead counsel solely to prevent undue burden and expense mooting [8-fl stipulation motion for order of scheduling order mooting [11-1] motion to defer entry of the stipulation and (proposed) order to set a briefing schedule granting [36-fl motion to consolidate derivative cases and appoint lead derivative counsel for the purposes of DISCOVERY ONLY, and set case management conference for 4:30 6/18/97 Court Reporter: Willette. (fm -) (Entered: 05/16/1997)

05/15/1997 Transcript of procccdings for held on procccding daic: 5/10/97 before Judge: Kccton. Cnurt Reporter: Willefte. (fmr) (Entered: 05/15/1997)

05/30/1997 Proposed Practice and Procedure Order No. 2. by Ronald Schwartz in 1:97-cv- 10304, David Finkelstein in 1:97-cv-10304, Centennial Tech in 1:97-cv-10304, Emanuel Pinez in 1:97-cv- 10304, James M. Murphy Jr. in 1:97-cv-10304, John J. McDonald in 1:97-cv-10304, John J. Shields in 1:97-cv-10304, J.P. Luc Beaubien in 1:97-cv-10304 William M. Kinch in 1:97-cv-10304, William J. Shea in 1:97-cv-10304, Donald R. Peck in 1 97-cv-10304, Robert Silva in 1 97-cv-10304, Coopers & Lybrand in 1:97- cv-10304, Needham & Co., Inc. in 1:97-cv-10304, Cabot Heritage Corp. in 1:97-cv-10304, Lawrence J. Ramaekers in 1 :97-cv-10304 received for filing. (fm -) (Entered: 06/02/1997)

06/11/1997

54 Judge Robert E. Keeton. PRACTIC and PROCEDURE Order No 2 entered, and set case management conference for Case management conference on 4:30 6/18/97 cc'cl. (fmr) (Entered: 06/16/1997)

06/25/1997

07/09/1997

07/30/1997

Case managciiiciit coiilrciicc held. tmc)(Entcrcd: O 7 11fl)7

Judge Robert E. Keeton. Clerk's Notes: re: COLLOQUY re: case status. ..parties have reached partial settlement with underwriter and estimate a preliminary approval hearing would be appropriate in about 45 days. There are several officers who no settlement has been reached for. There are additional defts. who are not part of settlement as of yet.. COLLOQUY re: Procedural Order #2 was entered on 6/16/97.. .further conference set... set case management conference for 4:00 on 7/31/97 before Judge Robert E. Keeton Court Reporter: COPPOLLA (fine) (Entered: 06/27/1997)

55 Transcript of procccdings for conferciicc held on procccding dai: 5/13/97 before Judge: Keeton. Court Reporter: Willefte (fmr) (Entered: 06/25/1997)

57 Letter from Shane Rowley dated: 7/8/97 to: Ms. Cull. re: Civ. 97-568 PHX transfer filed. (fmr) (Entered: 07/11/1997)

58 Letter by Glen DeValerio in 1 :97-cv-10304 dated: 7/30/97 to: Joanne Cull re:

06/18/1997

06/18/1997

continued hearing, and reset case management conference for 4:00 9/22/97 filed. (fmr) (Enicred: 07/30/1997)

10/15/1997 Clerk (JMC) rcc'd iclephone call from Atty. Glcii DeValerio requesting additional extension of the CMC conference because parties are engaged in possible settlement negotiations. Matter will be rescheduled for 4:00 p.m., Monday, November 17, 1997. (fmr) (Entered: 10/15/1997)

11/17/1997 Case management conference held. (fmr) (Entered: 11/19/1997)

11/17/1997 59 Judge Robert E. Keeton. Clerk's Notes: re: CMC. Colloquy re: scheduling and set status confercncc for 4:30 12/17/97 Colloquy re: joinder of new action filed against Fletcher Bond. Court Reporter: Willefte. (fmr) (Entered: 11/19/1997)

12/02/1997 at) Notice of appearance of attorney for Ronald Schwartz in 1:97-cv-10304, David Finkelstein in 1:97-cv-10304 by Nancy F. Gans, filed. (efs) (Entered: 12/03/1997)

12/02/1997 61 Notice of withdrawal of counsel by Moulton & Welburn for plaintiffs filed. (efs) (Entered: 12/03/1997)

12/08/1997

62 Notice of change of address by Matthew M. Houston, attorney for Jesse Carnevale, filed. (dms) (Entered: 12/09/1997)

12/17/1997

Status conference held . (kO (Entered: 01/05/1998)

12/17/1997 @3 Judge Robert E. Keeton. Clerk's Notes: re: status conference, Colloquy re: status of general case set case management conference for 4:00 1/16/98 Court Reporter: Tim Willette (kf) (Entered: 01/05/1998)

12/29/1997 64 Notice of change of address filed by Katharine M. Ryan in 1:97-cv-10321, Barbara \. Podellin 1:97-c-10321, Robert P. Frutkinin 1:97-c-10321, Stuart H. Sa\cttin 1:97-cv-10321 . c/s (kf) (Entered: 01/07/1998)

01/21/1998 Case management conference held. (U) (Entered: 01/23/1998)

01/21/1998 65 Judge Robert E. Keeton. Clerk's Notes: re: case management conference, set case management conference for 4:30 2/4/98 Court Reporter: Tim Willette (U) (Entered:

101/23/1998)

02/04/ 199

02/04/1998

O2/09/199<

02/09/1998

Case management conference held. (U) (Entered: 02/09/1998)

66 Judge Robert E. Keeton. Clerk's Notes: re: case management conference held, set settlement conference for 4:00 2/9/98 Court Reporter: Tim Willette (U) (Entered: 02/09/1998)

7 STIPULATION (Motion) , for setticincnt by class plaintiffs, deriN ath c plaintiffs, scttling defendants and Underwriters, filed. c/s (kf) (Entered: 02/09/1998)

Proposed Order of Preliminary Approval of Partial Settlement and Hearing Order received for filing. (U) (Entered: 02/10/1998)

02/09/1998 Settlement conference held. (kf) (Entered: 02/11/1998)

02/09/1998 68 Judge Robert E. Keeton. Clerk's Notes: re: settlement conference held, Colloquy re: settlement. Colloquy re: defendant Rene Kes and possible indemnification. REK: defendant Rene Kes can have 48 hours to review (until Wednesday afternoon). The other side can respond by Thursday and the court will rule on the papers Friday. Colloquy re: supplemental agreement. Colloquy re: scheduling. Objections to settlement filed by 4/7/98, class exclusion 4/6/98, proof of claims by 6/26/98 set on final agreement hearing for 4:00 4/21/98 Court Reporter: Tim Willette (U) (Entered: 02/11/1998)

02/09/1998

69 First consolidated and amended class action complaint filed by class plaintiffs (Answer due 2/19/98 for Jay Alix and Assoc., for A. Uri Levy, for Lawrence J. Ramaekers, for Cabot Heritage Corp., for Needham & Co., Inc., for Coopers Lybrand, for Robert Silva, for Donald R. Peck, for William J. Shea, for William M. Kinch, for J.P. Luc Beaubien, for John J. Shields, for John J. McDonald, for James M. Murphy Jr., for Emanuel Pinez, for Centennial Tech). Amended complaint amends [1-fl complaint. (kf) (Entered: 02/24/1998)

02/11/1998 70 Memorandum by Lawrence J. Ramaekers in 1 :97-cv- 10304, Jay Alix and Assoc. in 1:97-cv-10304 in opposition to preliminary approval of proposed partial settlement, filed. c/s (kf) (Enicred: 02/24/1998)

O2/12/199<

71 Reply/response b Ccnlcnniallcch in 1:97-cv- 10304 to [70-fl opposition iimorandum, filed. c/s (kf) (Entered: 02/24/1998)

02/13/ 199

71 Class plaintiffs' Reply/response to [70-fl opposition memorandum ,filed. c/s (kf) (Entered: 02/24/1998)

02/13/1998 73 Letter by Jeffrey B. Rudman dated: June 18, 1997 to: Glen DeValerio re: preliminary settlement understanding, filed. (kf) (Entered: 02/24/1998)

02/13/1998

74 Amended Affidavit of Jeffrey B. Rudman concerning defendants Lawrence Ramaekers and Jay Alix Associates Memorandum in opposition to preliminary approval of proposed partial settlement, filed. c/s (U) (Entered: 02/24/1998)

02/13/199S 75 Judge Robert E. Keeton. Order of Preliminary approval of partial settlement and

hearing order entered, set settlement approval hearing for 4:00 4/29/98 . See order for dctails. cc'cl (kf) (Entered: 02/24/1998)

02/19/199S 76 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for certification for interlocutory appeal and stay of proceedings pursuant to 28 U.S.C. 1292(b), filed. c/s (kf) (Entered: 02/24/1998)

02/19/1998 77 Memorandum by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304 in support of [76-1] motion for certification for interlocutory appeal and stay of procccdings pursuant to 28 U.S.C. 1292(b), filed. c/s (U) (Entered: 02/24/1998)

02/19/199S 7S Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for an expedited briefing schedule , filed. c/s (U) (Entered: 02/24/1998)

02/20/1998 79 Memorandum in opposition to [78-1] motion for an expedited briefing schedule, i filed. c/s (U) (Entered: 02/24/1998)

02/20/1998

02/20/ 199

02/20/199S

83 Return of service executed as to Presage Corp. in 1:97-cv-10304 with service on 2/11/98 filed. Answer due on 3/3/98 for Presage Corp. (kf) (Entered: 03/09/1998)

Return of service executed as to Lehman Brothers, Inc in 1:97-cv-10304 with service on 2/11/98 filed. Answer due on 3/3/98 for Lehman Brothers, Inc (U) (Entered:

1 03/09/1998)

Return of service executed as to Media Jet, Inc. in 1:97-cv-10304 with service on 2/11/98 filed. Answer due on 3/3/98 for Media Jet, Inc. (U) (Entered: 03/09/1998)

02/23/199 H STIPULATION (Motion) by Coopers & Lybrand in 1:97-cv-10304,and class plaintiffs to extend time to May 13, 1998 to answer first consolidated and amended Class action complaint, filed. c/s (kf) (Entered: 02/25/1998)

02/24/1998 80 Judge Robert E. Keeton. Memorandum and Order entered. denying [76-1] motion for certification for interlocutory appeal and stay of proceedings pursuant to 28 U.S.C. 1292(b) denying [78-fl motion for an expedited briefing schedule, and DENIES the request for oral argument. cc/cl (kf) (Entered: 02/24/1998)

02/24/199< Return of service executed as to Centennial Tech in 1:97-cv-10304 with service on 2/23/98 filed. Answer due on 3/15/98 for Centennial Tech (U) (Entered: 03/09/1998)

02/26/1998 82 Proposed stipulation and order by class plaintiffs, and Cabot Heritage Corp. in 1:97- cv-10304 received for filing. c/s (U) (Entered: 03/09/1998)

02/26/1998 87 kssented to Motion by Lehman Brothers, Inc in 1 :97-cv- 10304 to extend time to March 31 1998 to answer amended complaint. (kf) (Enicred: 03/09/1998)

02/27/1998 Judge Robert E. Keeton. Endorsed Order entered granting [81-fl stipulation motion to extend time to May 13, 1998 to answer first consolidated and amended class action complaint, reset answer due for 5/13/98 for Coopers & Lybrand. Notice sent to counsel. (U) (Entered: 03/09/1998)

03/03/1998 88 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 1 10304 to permit discoN cry pciiding tlic final approval hearing , filed. c/s (U) (Enicred: 03/09/1998)

03/03/1998 89 Memorandum by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1 :97-cv- 10304 in support of [88-1] motion to permit discovery pending the final approval hearing, filed. c/s (U) (Entered: 03/09/1998)

03/03/199< )() \lotioii by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for expedited hearing of defendants Lawrence Ramaekers and Jay Alix and \ssociates' motion to permit discovery pending the final approval hearing , filed. c/s I\[) (Entcred: 03/09/1998)

03/04/1998 91 STIPULATION (Motion) by James M. Murphy Jr. in 1:97-c\-10304, Presage Corp. in 1:97-cv-10304, to extend time to March 31, 1998 to respond to complaint ,filed. c/s

I (U) (Entered: 03/09/1998)

03/05/1998 92 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for clarification of [54-1] order or to extend time to answer or otherwise respond filed. c/s (kf) (Enicred: 03/09/1998)

03/09/199< 93 Motion by class plaintiffs' to enjoin defcndants Lawrciicc Ramacl\crs and Jay Alix & Associates from proceeding in another jurisdiction , filed. c/s (kf) (Entered:

103/09/1998)

03/09/1998 94 Memorandum of law by class plaintiffs' re: in support of motion to enjoin defendants Lawrence Ramaekers and Jay Alix & Associates from proceeding in another jurisdiction- filed. c/s (kf) (Enicred: 03/09/1998)

03/09/199 * Yoticc of change of name by Miller Faucher Chertow CaTclt\ and \Vc\lcr to \[illcr IacIicr Cafferty and Wexler LLP, filed. c/s (kf) (Entercd: 03 10 1 F)

03/09 1 133 Coiicctcd copy of Docket No. 92 filed 3/5/98. (fm) Iiitcicd: 04 17 1 *)

03/10 1 7 Rcsponse by Centennial Tech in 1:97-cv- 10304 in opposition to [90-1] motion 1r expedited hearing of defendants Lawrence Ramaekers and Jay Alix and Associates' motion to permit discovery pending the final approval hearing, filed. c/s (kf) (Entered: 03/11/1998)

03/10/199< Response by Needham & Co., Inc. in 1:97-cv-10304 in opposition to [90-1] motion for expedited hearing of defendants Lawrence Ramaekers and Jay Alix and Associates' motion to permit discovery pending the final approval hearing, filed. c/s (kf) (Entered: 03/11/1998)

03/10/1998 99 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 to dismiss or stay shareholder derivative action for declaratory judgment regarding defendants' right to indemnification , filed. c/s (U) (Entered: 03/11/1998)

03/10/199 100 Memorandum by Lawrence J. Ramaekers in 1 :97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304 in support of [99-1] motion to dismiss or stay shareholder derivative action for declaratory judgment regarding defendants' right to indemnification, filed. c s (kf) (Enicred: 03/11/1998)

03/10/1998 101 Noticc of appearancc of attonicy for Jay Alix and Assoc. in 1:97-cv-10304 by Robert J. Muldoon Jr., David A. Brown, James M. Wodarski, filed. c/s (kf) (Entered: 03/11/1998)

03/10/1998 102 Response by plaintiffs' in opposition to [90-1] motion for expedited hearing of

defendants Lawrence Ramaekers and Jay Alix and Associates' motion to permit discovery pending the final approval hearing filed. c/s (kf) (Entered: 03/11/1998)

03/11/199',<

% transcript of proceedings for Conference held on procceding date: February 9, 1998 before Judge: Keeton. Court Reporter: Tim Willette (kf) (Entered: 03/11/1998)

03/11/199',<

Status conference held . (ki) (Entered: 03/16/1998)

03/11/1998 103 Judge Robert E. Keeton. Clerk's Notes: re: status conference held. Colloquy re: the Delaware action. REK: RULING whatever discovery is done in the Delaware case can be used in this case. Colloquy re: The Phillipps case filed last week on issue of indemnity. REK: not ruling on Docket #93 at this time or Docket #88. REK: ORDERS defendants to respond to 2nd amended complaint with something more than a motion to dismiss, they must answer in 2 weeks. Colloquy re: service in the Phillips case, Alix and Ramekers counsel will take service. Colloquy re: Delaware discovery applicable to non parties to the Delaware case. Court Reportcr: Willcttc (U) (Enicred: 03/17/1998)

03/19/1998 104 STIPULATION (Motion) by class plaintiffs and Lehman Brothers, Inc in 1:97-cv- 10304, to extend time to April 30, 1998 to respond to first consolidated and amended Class action complaint, filed c/s (U) (Entered 03/23/1998)

03/23/1998 105 Letter dated: March 14, 1998 to: clerk re: objection to high attorney's fees and cpciises filed. (kf) (Enicred: 03/24/1998)

03/25/199 10 \nswer by Lawrcncc J. Ralllacl\crs in 1:97-c-10304to First consolidatcd and amended class action coiiiplaint lilcd. C s LI) (Entered: 03/26/1998)

03/25/199 107 lotion by Lawrence J. Ramaekers in 1 :97-cv- 10304 to dismiss, filed. c/s (Id) (Entered: 03/26/1998)

03/25/1998 107 Motion by Lawrence J. Ramaekers in 1:97-cv-10304 for summary judgment ,filed. c/s (kf) (Entered: 03/26/1998)

03/25/1999 lOX Motion by Lawrence J. Ramaekers in 1:97-cv-10304 for leave to file memorandum in excess of page limits , filed. c/s (kf) (Entered: 03/26/1998)

03/25/199< Judge Robert E. Keeton. Endorsed Order entered granting [108-fl motion for leave to file memorandum in excess of page limits. Notice sent to counsel. (U) (Entered: 03/26/1998)

03/25/1998 109 Memorandum by Lawrence J. Ramaekers in 1:97-cv-10304 in support of [107-1] motion for summary judgment, [107-1] motion to dismiss, filed. c/s (U) (Entered: 03/26/1998)

03/25/199S 110 Motion by Jay Alix and Assoc. in 1 :97-cv-10304 to dismiss, filed. c/s (U) (Entered: 03/26/1998)

03/25/1998 110 Motion by Jay Alix and Assoc. in 1:97-cv-10304 for summary judgment ,filed. c/s (kf) (Entered: 03/26/1998)

03/25/1998 111 Memorandum by Jay Alix and Assoc. in 1 :97-cv- 10304 in support of [110-1] motion for summary judgmciit, [110-1] motion to dismiss, filed. c/s (kf) (Entcred: 03/26/1998)

03/25/1998 112 Affidavit of Lawrence J. Ramaekers in 1:97-cv-10304, re: [110-1] motion for suniinani judgment [110-1] motion to dismiss-filed. c/s (kf) (Entered: 03/26/1998)

U3/25/l99<

O3/3l/l99

03/31/1998

03/31/199',<

113 ½aiswer by Jay Alix and Assoc. in 1 :97-cv- 10304 to first consolidated and amended class action complaint, filed. c/s (U) (Entered: 03/26/1998)

114 Motion by Charles Philips in 1 :97-cv-10304 to extend time to April 13, 1998 to file opposition to motion to dismiss or stay , filed. c/s (U) (Entered: 04/02/1998)

115 Notice of appearance of attorney for James M. Murphy Jr. in 1:97-cv-10304 by John F. Cullen, filed. c/s (kf) (Entered: 04/02/1998)

11 Answer by James M. Murphy Jr. in 1:97-cv-10304 to amcnded complaint, filed. c/s I\lIltcrcd 0402 1F))

117 Motion by Robert E. Lockwood to dismiss, filed. c/s (kf) (Entered: 04/02/1998)

118 Motion by Presage Corp. in 1 :97-cv- 10304 to dismiss, filed. c/s (U) (Entered: 04/02/1998)

o3/31/199',<

03/31/1998

03/31/1998 119 Answer by Robert E. Lockwood to amended complaint, filed. c/s (U) (Entered: 04/02/1998)

03/31/1998 120 Answer by Presage Corp. in 1:97-c\ -10304 to amended complaint, filed. c/s (U) (Entered: 04/02/1998)

03/31/1998 121 Notice of withdrawal of counsel by Albert F. Cullen, Jr. for James M. Murphy, filed. c/s (kf) (Entered: 04/02/1998)

04/07/1998 122 Objection by Osvaldo Franco and Frank Schmidt re: [75-1] order set settlement approval hearing for 4:00 4/29/98, filed (kf) (Entered 04/13/1998)

04/08/1998 123 Memorandum by plaintiffs' in opposition to [107-1] motion to dismiss, filed. c/s (U) (Enicred: 04/13/1998)

04/08/199< 124 Liiiorandum by plaintiffs in opposition to [110-1] motion to dismiss, filed. c/s (kf) (Entered: 04/13/1998)

04/08/1998 125 Affidavit of Glen DeValerio in 1 :97-cv- 10304, re: [110-1] motion for summary judgment, filed. c/s (kf) (Entered: 04/13/1998)

04/08/1998

04/13/ 199

04/14/1998

126 Affidavit of Glen DeValerio in 1:97-cv-10304, re: [107-1] motion for summary judgment filed. c/s (kf) (Entered: 04/13/1998)

127 \ssciitcd to Motion by the plaintiffs to c\lcnd time to May 18, 1998 to respond to motion to dismiss, filed. c/s (kf) (Entered: 04/17/1998)

128 Renewed Objection by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304 re: [75-1] Proposed settlement, filed. c/s (kf) (Entered: 04/17/1998)

04/17/1998 129 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for leave to file reply memoranda, filed. c/s (U) (Entered: 04/21/1998)

04/17/1998 Judge Robert E. Keeton. Endorsed Order entered granting [129-1] motion for leave to file reply memoranda. Notice sent to counsel. (kf) (Entered: 04/21/1998)

04/17/1998 130 Memorandum by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304 in support of [107-1] motion for summary judgment, [107-1] motion to dismiss, filed. c/s (kf) (Entered: 04/21/1998)

04/17/199',<

04/23/1998

04/24/ 199

04/24/199S

04/24/1998

04/24/ 199

04/24/ 199

131 I emorandum by Jay Alix and Assoc. in 1 :97-cv- 10304 in support of [110-1] motion for summary judgment, [110-1] motion to dismiss, filed. c/s (U) (Entered: 04/21/1998)

132 Response in opposition to [129-1] motion for leave to file reply memoranda, filed. c/s I\[) (Entcred: 04/24/1998)

134 Motion by Lawrence J. Ramaekers in 1:97-cv-10304 for Christopher Duggan and Matthew Walko to withdraw as attorney, filed. c/s (kf) (Entered: 04/28/1998)

13 Memorandum of law re: in support of joint application of class counsel for an award of attorney's fees, filed. c/s (U) (Entered: 04/28/1998)

Proposed Final Order and Judgment Awarding Attorney's Fees and Reimbursement of fT'cpenses by class plaintiffs received for filing. c's (kf) (Entered: 04/28/1998)

13o Response by class plaintiffs in opposition to [122-1] Franco's and Schmidt's objcctions to the partial settlement, filed. c/s (kf) (Entered: 04/28/1998)

137 I fidavit of Donald B. Kahaner, re: Mailing and Publication, filed. c/s (kf) (Entered: 04/28/1998)

04/24/1998 13',< Affidavit of Shane T. Rowley, re: in support of the proposed partial settlemetn of this action and in opposition to the objection of Lawrence J. Ramaekers, filed. c/s (U) (Entered: 04/28/1998)

04/24/199< 139 Response by class plaintiffs in opposition to [128-1] Laurence Ramaekers' and Jay Alix & Associates' objections to the partial settlement, filed. c/s (kf) (Entered: 04/28/1998)

04/24/1998 140 STIPULATION (Motion) ,to enter amended order of preliminary approval Nunc Pro Tune, filed. c/s (U) (Entered: 04/28/1998)

04/24/1998 141 \ffidavit of Glen Devalerio, re: in support of approval of this partial settlement, filed. c/s (kf) (Entered: 04/28/1998)

04/24/199< 142 Class plaintiffs Memorandum of law re: in support of the proposed partial settlement, filed. c/s (U) (Entered: 04/28/1998)

04/24/1998 143 Motion for leave to file memorandum in excess of 20 pages, filed. c/s (U) (Entered: 04/28/1998)

04/27/1998 144 Reply/response by Centennial Tech in 1:97-cv-10304to [128-1] Jay Alix & \ssociat cs and Lawrencc Ramacicers rciiewed objection to preliminary sctticinciit, ñlcd. c s (1\1) (Entered: 04 < 199<)

O4/27/199< 14 \ffidavit of Donald R. Peck, re: [144-1] reply filed. c/s (kf) (Entered: 04/28/1998)

04/27/1998 146 Centennial's Reply/response to [122-1] Franco's and Schmidt's objection to proposed settlement, filed. c/s (kf) (Entered: 04/28/1998)

04/27/1998 147 Notice of appearance of attorney for Lawrence J. Ramaekers in 1:97-cv-10304by

Robert J. Muldoon Jr., David A. Brown, James M. Wodarski, filed. c/s (kf) (Entered: 04/28/1998)

Settlement Hearing held. (kf) (Entered: 05/07/1998)

Judge Robert E. Keeton. Clerk's Notes: re: settlement hearing held. Colloquy re: Ramaekers withdrawing opposition to settlement. Defendant Ramaekers argues Motion to Dismiss (docket # 107). Denying [107-1] motion to dismiss. Colloquy re: Motion for final approval of the settlement. Colloquy re:derivative suit. Colloquy re: Florida objectors, are they in or out. REK: right now the Florida plaintiffs are in, tlicv have until Wednesday, May 13, 1998 to notify DeVelario that they want to opt out. REK: finds it's a fair and appropriate settlement. Colloquy re: attorneys fees, Burwin Objection (docket 105) was never served on plaintiff or others. REK: overules objection (docket 105) - finds fee request is reasonable and appropriate, will make order making award of attorneys fees. Approves settlement, Orders final approval and final judgment of dismissal. Will make order to change notice. Granting [87-1] motion to extend time to March 31, 1998 to answer amended complaint mooting [88-1] motion to permit discovery pending the final approval hearing mooting [90-1] motion expedited hearing of defendants Lawrence Ramaekers and Jay Alix and Associates' motion to permit discovery pending the final approval hearing granting [9 1-1] stipulation motion extend time to March 31, 1998 to respond to complaint mooting [92-1] motion for clarification of [54-1] order or to extend time to answer or otherwise respond mooting motion to enjoin defendants Lawrence Ramaekers and Jay Alix & Associates from proceeding in another jurisdiction [99-1] motion to dismiss or stay shareholder derivative action for declaratory judgment regarding defendants' right to indemnification granting [104-1] stipulation motion to extend time to April 30, 1998 to respond to first consolidated and amended class action complaint denying [110-1] motion to dismiss mooting [114-1] motion to extend time to April 13, 1998 to file opposition to motion to dismiss or stay deferring [117-1] motion to dismiss deferring [118- 1] motion to dismiss granting [127- 1] motion to extend time to May 18, 1998 to respond to motion to dismiss granting [143-1] motion for leave to file in excess of 20 pages Court Reporter: Copolla (kf) (Entered: 05/07/1998)

()4/29/199<

04/29/199S 15U

04/29/1998

04/29/ 199

04/29/1998

04/30/1998

04/30/199',<

05/12/1998

151 Judge Robert E. Keeton. Final Order and Judgment Awarding Attorneys' Fees and Reimbusement of Expenses entered. See order for details. cc/cl (kf) (Entered:

105/07/1998)

1 Judge Robert E. Keeton. Order of Final Approval and Final Judgment of Dismissal entered. See Order for details. cc/cl (kf) (Entered: 05/07/1998)

153 Certificate of service by Centennial Tech in 1:97-cv-10304 re: [146-1] reply, [145-1] affidavit, [144-1] reply, filed. (U) (Entered: 05/08/1998)

148 Motion by Lehman Brothers, Inc in 1 :97-cv- 10304 to dismiss, filed. c/s Local rule 7.1 attached. (mr) (Entered: 05/06/1998)

1 t) Memorandum by Lehman Brothers, Inc in 1 :97-cv- 10304 in support of [148-1] motion to dismiss, filed. c/s (mr) (Entered: 05/06/1998)

163 Return of service executed as to Thomas Kinch in 1:97-cv-10304 with service on 5/4/98 filed. Answer due on 5/24/98 for Thomas Kinch (U) (Entered: 05/28/1998)

05/13/1998 154 Motion by plaintiffs to amend [69-1] amended complaint, filed. c/s (U) Modified on

05/14/1998 (Entered: 05/14/1998)

05/13/1998

155 Memorandum of law by plaintiffs re: in support of motion to amend complaint, filed. c/s (kf) (Entered: 05/14/1998)

05/13/199S 15u STIPULATION (Motion) ,by plaintiffs and Coopers & Lybrand L.L.P. to extend time to August 31, 1998 for Coopers & Lybrand to respond to amended complaint ,filed. c/s (kf) (Entered: 05/15/1998)

05/14/1998 Summons issued for Bond D. Fletcher, Nkdiajet, Inc. and Suncrest LTD. (U) (Entered: 05/14/1998)

05/14/199< 15 7 STIPULATION (Motion) by class plaintiffs and LclTIman Brothers, Inc in 1:97-cv- 10304, to extend time to May 29, 1998 for plaintiffs to file opposition to motion to dismiss and defendants shall file reply by June 12, 1998 , filed. c/s (U) (Entered: 05/18/1998)

05/15/1998 Judge Robert E. Keeton. Endorsed Order entered granting [156-1] stipulation motion to extend time to August 31, for Coopers & Lybrand to respond to amended complaint, reset answer due for 8/31/98 for Coopers & Lybrand. Notice sent to counsel. (kf) (Entered: 05/19/1998)

05/18/1998

158 Notice by Osvaldo Franco and Frank Schmidt withdrawing [122-1] objection to proposed settlement and partial exclusion, filed. c/s (U) (Entered: 05/19/1998)

05/18/1998

159 Assented to Motion by class plaintiffs to extend time to May 19, 1998 to respond to motion to dismiss , filed. c/s (kf) (Entered: 05/19/1998)

05/19/199 Judge Robert E. Keeton. Endorsed Order entered granting [157-1] stipulation motion to extend time to May 29, 1998 for plaintiffs to file opposition to motion to dismiss and defendants shall file reply by June 12, 1998 . Notice sent to counsel. (U) (Entered: 05/20/1998)

05/19/1998

05/20/199',<

05/20/ 199

05/20/1998

160 Response by class plaintiffs in opposition to [118-1] motion to dismiss, [117-1] motion to dismiss filed. c's (kf) (Entered: 05/21/1998)

1 1 Noticc of appearancc of attori'cv for Thomas Kinch in 1:97-cv-10304 by Michaci A. Cnllora, David M. Osburne filed. c/s (kf) (Entered: 05/21/1998)

1 (C Motion by Thomas Kinch in 1 :97-cv- 10304 to extend time to June 9, 1998 to file answer, filed. c/s (kf) (Entered: 05/21/1998)

Judge Robert E. Keeton. Endorsed Order entered granting [162-fl motion to extend time to June 9, 1998 to file answer. "Allowed." Notice sent to counsel. (kf) (Entered: 05/28/1998)

05/20/1998 Judge Robert E. Keeton. Endorsed Order entered granting [159-fl motion to extend time to May 19, 1998 to respond to motion to dismiss. Notice sent to counsel. (U) (Entered: 05/28/1998)

05/21/1998

164 Transcript of proceedings for Conference held on proceeding date: March 11, 1998 before Judge: Keeton. Court Reporter: Willette. (U) (Entered: 05/28/1998)

05/26/1998

165 Return of service executed as to Media Jet, Inc. in 1:97-cv-10304 with service on 5/14/98 filed. Answer due on 6/3/98 for Media Jet, Inc. (U) (Entered: 05/29/1998)

05/26/1998

05/26/199',<

05/27/ 199

05/29/1998

06/04/1998

06/09/1998

06/09/ 199

166 Return of service executed as to Suncrest LTD in 1:97-cv-10304 with service on 5'15/98 filed. Answer due on 6/4/98 for Suncrest LTD (kf) (Entered: 05/29/1998)

17 Return of service executed as to Bond D. Fletcher in 1:97-cv-10304 with service on 5/15/98 filed. Answer due on 6/4/98 for Bond D. Fletcher (U) (Entered: 05/29/1998)

1 Response by Lehman Brothers, Inc in 1:97-cv-10304 in opposition to [154-fl motion to amend [69-fl amended complaint, filed. c/s (U) (Entered: 06/02/1998)

169 STIPULATION (Motion) ,to extend time to June 12, 1998 to file opposition to motion to dismiss and for Lehman Brothers Inc. to file reply by July 3, 1998, filed. c/s (kf) (Entered: 06/03/1998)

Terminated document: denying [110-1] motion for summary judgment, denying [107-1] motion for summary judgment the court having orally ruled at hearing on 4/29/98. Requested byjmc. (fmr) (Entered: 06/04/1998)

170 Motion by Thomas Kinch in 1 :97-cv- 10304 to dismiss, filed. c/s (U) (Entered: 0(1/15/1998)

171 Memorandum by Thomas Kinch in 1 :97-cv- 10304 in support of [170-1] motion to dismiss, filed. c/s (kf) (Entered: 06/15/1998)

06/12/199 172 Memorandum by class plaintiffs in partial opposition to [148-1] motion to dismiss, and in support of request for leave to amend complaint, filed. c/s (U) (Entered: 06/16/1998)

06/12/1998 173 Request (non motion) for relief from timely filing objection to the closing date cstablishing the class period requcst for inclusion into sctticment class, filed. c/s (kf) (Entered: 06/16/1998)

06/15/1998 Proposed Order of Final Approval and Final Judgment of Dismissal received for filing. (U) (Entered: 06/17/1998)

06/18/1998

06/19/1998

06/19/ 199

174 Judge Robert E. Keeton. Order of Final Approval and Final Judgment of Dismissal entered. " ...The direction of the entry of final judgment pursuant to Rule 54(b) is appropriate and proper because this judgment fully and finally adjudicates the claims of the Derivative Plaintiffs and Centennial's shareholders against the Settling Defendants in the Derivative Action. ..see order for details." cc/cl (kf) (Entered: 06/19/1998)

175 thswer by Bond D. Fletcher in 1: 97-cv- 10304. kdiajet, Inc. in 1 :97-cv- 10304 to complaint: jury demand filed. c's (kf) (Entered: 06/26/1998)

Proposed Second Coiisolidatcd and \iiiciided Class Action Complaini lCcCi\ cd Hr filing. (kf) (Lnk'rd: 07. 11 1995)

06/23/199S Terminated document: mooting [67-1] stipulation motion for settlement the court having previously granted motions for entry of settlement. Requested byjmc. (fmr) (Entered: 06/23/1998)

06/23/1998

178 Letter by Mark P. Spzak in 1:97-cv-10304 dated: June 23, 1998 to: Joanne Cull re: response to Jeffrey Blocks lcttcr filed. (ki) (Enicred: 07/07/1998)

()6/24/199 17 \lotionbv Ronald Sdmart/ iii 1:97-cv-10304 David Finkelstein in 1:97-cv-10304 for

leave to file memo in excess of 20 pages ,filed. (efs) (Entered: 06/30/1998)

06/26/1998

177 Response by Thomas Kinch in 1:97-cv-10304 in opposition to [154-1] motion to amend [69-1] amended complaint filed. c/s (kf) (Entered: 07/06/1998)

07/02/199S

179 Motion by Lehman Brothers, Inc in 1:97-cv-10304 for leave to file reply memorandum in excess of twenty pages, filed. c/s (U) (Entered: 07/08/1998)

07/02/1998 Judge Robert E. Keeton. Endorsed Order entered granting [179-fl motion for leave to file reply memorandum in excess of twenty pages. Notice sent to counsel. (kf) (Entered: 07/08/1998)

07/02/ 199

1 () Reply in support by Lchman Brothers, Inc iii 1 :97-cv- 10304 to [148-1] motion to dkmiss , filed. c/s (kf) (Entered: 07/08/1998)

07/06/1998

181 Motion by Thomas Kinch in 1 :97-cv- 10304 for leave to file reply to opposition to motion to dismiss, filed. c/s (U) (Entered: 07/09/1998)

07/06/1998 Judge Robert E. Keeton. Endorsed Order entered granting [181-1] motion for leave to file reply to opposition to motion to dismiss. Notice sent to counsel. (kf) (Entered: 07/09/1998)

07/06/ 199

PC Reply/response by Thomas Kinch in 1 :97-cv- 10304 to [172-1] opposition memorandum, filed. c/s (U) (Entered: 07/09/1998)

07/24/ 199

1 Motion by plaintiffs to lift the discovery stay against defendnats Lawrence J. Ramaekers and Jay Alix and Associates, filed. c/s (U) (Entered: 07/30/1998)

07/24/1998 185 Memorandum of law by class plaintiffs re: in support of motion to lift stay filed. c/s (U) (Entered: 07/30/1998)

07/24/1998 186 Motion by class plaintiffs for leave to file a supplemental memorandum in support of leave to file an amended complaint and in opposition to Lehman Brothers Inc.'s Motion to dismiss, filed. c/s (U) Modified on 07/30/1998 (Entered: 07/30/1998)

07/24/1998 Judge Robert E. Keeton. Endorsed Order entered granting [186-1] motion for leave to file a supplemental memorandum in support of leave to file an amended complaint and in opposition to Lehman Brothers Inc.'s Motion to dismiss. Notice sent to counsel. (kf) (Entered: 07/30/1998)

07/24/199S 1S7 Reply Memorandum in support of request for leave to amend complaint and in opposition to defendant Lehman Brothers Inc.'s Motion to dismiss , filed. c/s (kf) (Entered: 07/30/1998)

07/27/1998

Judge Robert E. Keeton. Endorsed Order entered granting [176-1] motion for leave to file memo in excess of 20 pages. (fm -) (Entered: 07/27/1998)

07/27/1998

183 Plaintiffs' Memorandum in opposition to [170-1] motion to dismiss, filed, c/s. (fm -) (Entered: 07/27/1998)

07/27/1998 Judge Robert E. Keeton. Endorsed Order entered mooting [169-1] stipulation motion to extend time to June 12, 1998 to file opposition to motion to dismiss and for Lehman Brothers Inc. to file reply by July 3, 1998. (fm-) (Entered: 07/27/1998)

07/29/1998 188 Motion by class plaintiffs for summary judgment against defendant Bond D. Fletcher

as to liability on plaintiffs' section 10(b) claim against him, filed. c/s (kf) (Entered: 07/30/1998)

07/29/ 199

07/29/ 199

07/30/1998

1 ) Memorandum of law by class plaintiffs re: in support of motion for summary judgment against Bond D. Fletcher filed. c/s (kf) (Entered: 07/30/1998)

190 Statement of counsel filed by class plaintiffs, Re: Local Rule 56.1 Material of undisputed facts. c/s (U) (Entered: 07/30/1998)

191 Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304 to [184-1] motion to lift the discovery stay against defendnats Lawrence J. Ramaekers and Jay Alix and Associates filed. c/s (kf) (Entered: 08/03/1998)

08/07/1998 192 Motion by Lehman Brothers, Inc in 1:97-cv-10304 for leave to file a supplemental memorandum in support of its motion to dismiss and opposing plaintiffs' request for leave to amend complaint, filed. c/s (kf) (Entered: 08/14/1998)

08/07/1998 193 Certificate of Consultation re: [192- 1] motion for leave to file a supplemental memorandum in support of its motion to dismiss and opposing plaintiffs' request for leave to amend complaint, filed. c/s (kf) (Entered: 08/14/1998)

08/07/199< Judge Robert E. Keeton. Endorsed Order entered granting [192-fl motion for leave to file a supplemental memorandum in support of its motion to dismiss and opposing plaintiffs' request for leave to amend complaint. Notice sent to counsel. (kf) (Entered: 08/14/1998)

08/07/1998 194 Supplemental Memorandum by Lehman Brothers, Inc in 1:97-cv-10304 in support of [148-1] motion to dismiss and Opposing Plaintiffs' request for leave to amend

I complaint, filed. c/s (kf) (Entered: 08/14/1998)

08/11/199',< 1 Certificate of Consultation re: Motion of Lehman Brothers Inc. for leave to file a supplemental memorandum in support of its motion to dismiss and opposing plaintiffs

i request for leave to amend complaint, filed. (U) (Entered: 08/14/1998)

08/13/1998 197 Motion by Plaintiffs for leave to file reply memorandum of law in support of motion to lift the discovery stay against defendants Lawrence J. Ramaekers and Jay Alix and \ssociates ,filed. c/s (kf) (Entered: 08/18/1998)

08/13/1998 Judge Robert E. Keeton. Endorsed Order entered granting [197-fl motion for leave to file reply memorandum of law in support of motion to lift the discovery stay against defendants Lawrence J. Ramaekers and Jay Alix and. Notice sent to counsel. (U) (Enicred: 08/18/1998)

08/13/199S

08/13/1998

I9S Ufidavit of Jeffrey C Block in 1:97-cv-10304, re: [197-1] motion for leave to file reply memorandum of law in support of motion to lift the discovery stay against defendants Lawrence J. Ramaekers and Jay Alix and Associates, filed. c/s (U)

I (Entered: 08/18/1998)

199 Memorandum of law by class plaintiffs re: in support of motion to lift the discovery stay filed. c/s (kf) (Entcred: 08/18/1998)

08/14/1998

Judge Robert E. Keeton. Endorsed Order entered mooting [134-1] motion for Christopher Duggan and Matthew Walko to withdraw as attorney. "Dismissed as moot in view of rulings made at the hearing of 4/29/98 and subsequent filings." Notice

sent to counsel. (U) (Entered: 08/17/1998)

08/14/1998 Judge Robert E. Keeton. Endorsed Order entered mooting [140-fl stipulation motion to enter amended order of preliminary approval Nunc Pro Tune . "Dismissed as moot in view of actions taken at the hearing of record on 4/29/98 "Notice sent to counsel (kf) (Entered: 08/17/1998)

08/17/1998 196 Judge Robert E. Keeton. Memorandum and Order on Issue Formulation and Practice and Procedure Order No. 3 entered., set case management conference for 4:30 10/14/98. 5cc order for details. cc/cl (kf) (Enicred: 08/18/1998)

08/21/1998

200 STIPULATION (Motion) by Plaintiffs and Coopers & Lybrand in 1:97-cv-10304, to extend time to November 30, 1998 to respond to complaint, filed. c/s (kf) (Entered:

108/25/1998)

08/21/1998

Text not available. (Entered: 08/26/1998)

08/21/1998 201 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for leave to file sur-reply on discovery scheduling issues in response to class plaintiffs' reply memorandum of law in support of their motion to lift the discovery stay against defendants Lawrence J Raemakers and Jay Alix & Associates, filed c/s

I (U) (Entered: 08/26/1998)

08/21/1998 Judge Robert E. Keeton. Endorsed Order entered granting [201-fl motion for leave to file sur-reply on discovery scheduling issues in response to class plaintiffs' reply memorandum of law in support of their motion to lift the discovery stay against defendants Lawrence J Raemakers and Jay Alix & Associates Notice sent to counsel. (U) (Entered: 08/26/1998)

08/21/1998 202 Sur reply by Lawrence J. Raemakers and Jay Alix & Associates on discovery scheduling issues, filed. c/s (kf) (Entered: 08/26/1998)

08/28/1998 Judge Robert E. Keeton. Endorsed Order entered granting [200-1] stipulation motion to c\tclld time to Novcinber 30, 1998 to respond to complaint, reset answer due for 11/30/98 for Coopers & Lybrand. Notice sent to counsel. (kf) (Entered: 08/31/1998)

09/16/1998 203 Letter by David A. Brown in 1:97-cv-10304 dated: September 16, 1998 to: Mr. Cronin re: service list filed. (kf) (Entered: 09/21/1998)

09/21/1998 204 STIPULATION (Motion) by class plaintiffs in 1:97-cv-10304, Coopers & Lybrand in

I 1:97-cv-10304, of second partial settlement ,filed. c/s (U) (Entered: 09/24/1998)

09/21/1998

205 Judge Robert E. Keeton. Order of Preliminary Approval of Second Partial Settlement and Hearing Order entered. See order for details. cc/cl (kf) (Entered: 09/24/1998)

()9/21/199<

Hearing held. (kf) (Entered: 10/07/1998)

09/21/199S 209 Judge Robert E. Keeton. Clerk's Notes: re: Approval of Settlement, Parties filed stipulation and proposed order in open court. Colloquy re: conflict in days to file notice. No conflict exists. REK, after examining document, signs "Order of Preliminary ApproN al of Second Partial settlement and Hearing Order" set hearing for 4:15 11/12/98 Court Reporter: McLaughlin (kf) (Entered: 10/07/1998)

09/22/1998 206 STIPULATION (Motion) by Lehman Brothers, Inc in 1:97-cv-10304, for

I confidentiality order, filed. c/s (kf) (Entered: 09/24/1998)

09/23/1998

207 STIPULATION (Motion) by Class Plaintiffs and Lawrence J. Ramaekers in 1:97-cv- 10304, Jay Alix and Assoc. in 1:97-cv-10304, for confidentiality order ,filed. c/s (kf) (Entered: 09/24/1998)

09/29/ 199

10/13/1998

10/13/1998

I Ater by Jerome Garland dated: September 25, 1998 to: Clerk re: Proof of Claim and Release filed. (kf) (Entered: 10/02/1998)

210 Proposed Agenda for Case Management Conference of October 14, 1998 by Lehman i Brothers, Inc in 1 :97-cv-10304 received for filing. c/s (kf) (Entered: 10/14/1998)

212 Judge Robert E. Keeton. Practice and Procedure Order #5 entered granting [206-fl stipulation motion for confidentiality order. "The proposed Protective Order filed by the parties in this case on September 22, 1998 (docket #206), is approved as Practice and Procedure Order No. 4, subject to the following modification: Notwithstanding any provision or implication to the contrary: (1) No document claimed to be subject to this order may be filed with the Clerk without advance approval in writing by tlic court. This requirement is imposed for the protection of the interests of the parties against risks of accidental disclosure and to conserve scarce storage space and time of court personnel. (2) The proposed Protective Order is subject to further modification by order of this court, on the court's own initiative or upon motion by any person having an interest affected by the order, for good cause shown. Any party wishing to object to this modification must do so by written objection filed on or before two weeks from this date." cc/cl (kf) (Entered: 10/14/1998)

10/13/1998 Judge Robert E. Keeton. Endorsed Order entered granting [206-1] stipulation motion for confidentiality order. "So ordered as Practice and Procedure Order No 4, subject to the terms and conditions stated in Practice and Procedure Order No. S of this date." Notice sent to counsel. (kf) (Entered: 10/15/1998)

10/14/ 199

10/14/1998

10/14/ 199

11 Proposed Agenda for Case Management Conference by Plaintiffs in 1 :97-cv- 10304 received for filing. c/s (kf) (Entered: 10/14/1998)

' 13 Judge Robert E. Keeton. Order entered granting [207-1] stipulation motion for confidentiality order. " ...approved as Practice and Procedure Order No. 6, subject to the following modification..." cc/cl (kf) (Entered: 10/14/1998)

Judge Robert E. Keeton. Endorsed Order entered granting [207-1] stipulation motion for confidentiality order. "So Ordered as Practice and Procedure Order No. 6 of this date, subject to the terms and conditions stated in Practice and Procedure Order No. 7 of this date." Notice sent to counsel. (kf) (Entered: 10/15/1998)

10/14/1998 Case management conference held. (kf) (Entered: 11/06/1998)

10/14/1998 218 Judge Robert E. Keeton. Clerk's Notes: re: case management conf. held, dismissing [117-1] motion to dismissing [118-1] motion to dismiss denying [154-1] motion to amend [69-1] amended complaint granting [170-1] motion dismiss granting [184-1] motion to lift the discovery stay against defendnats Lawrence J Ramaekers and Ja\ Alix and Associates granting [188-1] motion for summary judgment against defendant Bond D Fletcher as to liability on plaintiffs' section 10(b) claim against him, Plaintiff memo for class cert. - 10/23/98, Defendant completion of discovery- 12/31/98, Defendant brief on Class cert. - 1/22/99, Plaintiffs response- 2/5/99, Completion of plaintiffs expert discovery- 3/31/99, Completion of defendants expert discovery-4/30/99, File motions for deposition of experts- 5/7/99, set fact discovery due for

2/26/99, set pretrial conference for 3:00 6/17/99, set Jury trial for 9:00 7/12/99. Discovery deadline against Presage and Lockwood by March 31, 1999. Court Reporter: Willefte (kf) (Entered: 11/06/1998)

10/14/ 199

10/23/1998

10/30/199S

!crminated document: granting [148-1] motion to dismiss Requested by REK per hearing 10/14/98. (U) (Entered: 11/09/1998)

214 Judge Robert E. Keeton. Memorandum and Order on Issue Formulation and Practice and Procedure Order No. 8 entered., set pretrial conference for 3:00 6/17/99 . See order for details. Noticc scnt to counsel. (U) Modified on 10/27/1998 (Entered: 10/27/1998)

215 Motion by Plaintiffs in 1 :97-cv- 10304 to extend time to October 30, 1998 to file motion for class certification, filed. c/s (U) Modified on 11/02/1998 (Entered: 11/02/1998)

11/04/1998 216 Letter by David Brown dated: November 4, 1998 to: Karen Donovan re: sevice list filed. (kf) (Enicred: 11/05/1998)

11/06/199 17 Transcript of proceedings for hearing and case management conference held on proceeding date: October 14, 1998 before Judge: Keeton. Court Reporter: Willette (kI) (Entered: 11/06/1998)

11/06/1998 219 Memorandum of law by Class Plaintiffs in 1 :97-cv- 10304 re: in support of the i proposed settlement filed. c/s (kf) (Entered: 11/09/1998)

11/06/1998 220 Memorandum of law by Plaintiffs in 1 :97-cv-10304 re: in support of joint application of class counsel for an award of attorneys' fees and reimbursement of expenses, filed. c/s (kf) (Entered: 11/09/1998)

11/06/199',< 22 1 \ffidavit of Glen DeValerio in 1 :97-cv- 10304, re: in support of approval of this partial settlement, filed. c/s (kf) (Entered: 11/09/1998)

11/06/1998 222 Affidavit of mailing and publication, filed. (U) (Entered: 11/09/1998)

11/09/1998 Judge Robert E. Keeton. Endorsed Order entered granting [215-1] motion to extend time to October 30, 1998 to file motion for class certification. Notice sent to counsel. (kf) (Entered: 11/10/1998)

11/09/199',< 223 Motion by Plaintiffs in 1:97-cv-10304 for class cetrtification ,filed. c/s (U) (Entered: 11/10/1998)

11/09/1998

11/12/1998

224 Memorandum of law by plaintiffs in 1:97-cv-10304 in support of [223-1] motion for Class cetrtification , filed. c/s (kf) (Entered: 11/10/1998)

Proposed Final Order and Judgment Awarding Attorney's Fees and Reimbursement of Expenses from the Second Partial Settlement by Plaintiffs in 1:97-cv- 10304 received for filing. (kf) (Entered: 11/12/1998)

11/12/199S Proposed Second Partial Settlement Order of Final Approval and Final Judgment of Dismissal by Plaintiffs in 1 :97-cv- 10304 received for filing. (U) (Entered: 11/12/1998)

11/12/1998 225 Judge Robert E. Keeton. Settlement Bar Order entered. See order for details. cc/cl (U) (Entered: 11/16/1998)

11/12/1998 226 Judge Robert E. Keeton. Second Partial Settlement Order of Final Approval and Final Judgment of Dismissal entered. See order for details. cc/cl (kf) (Entered: 11/16/1998)

1 Ilflhlflflc IIIILIIYYO hZ! Judge Robert E. Keeton. Final Order and Judgment Vwarding Attorneys' Fees and

Reimbursement of Expenses From the Second Partial Settlement entered. "Plaintiffs' Counsel are hereby awarded $502,557.01 as reimbursement for their reasonable out-of-pocket expenses incurred in the prosecution of this litigation. Plaintiffs' counsel are further awarded 30% of the Gross Settlement Fund established pursuant to the Sccond Partial Settlement. This fee award shall be paid as provided in the Settlement Agreement together with interest earned on the Settlement Fund from the date of deposit to the date of payment at the same rate of interest as earned by the Settlement Fund..." cc/cl (kf) (Entered: 11/16/1998)

Hearing held. (U) (Entered: 11/18/1998)

Judge Robert E. Keeton. Clerk's Notes: re: hearing held. Colloquy re: settlement with Coopers. No objectors. Court satisfied that settlement is fair. Colloquy re settlement bar order for claims against Coopers. Court will make order. Docket #223 Class certification. Thats a Rameakers issue, not Coopers. Plaintiffs petition for attorneys fees (it awards $502,557.01 and 30% of settlement expenses) Court Reporter: Willette (kf) (Entcred: 11/18/1998)

11/12/1998

11/12/1998 228

11/23/199',<

1/23/1998

12/08/1998

12/16/1998

) Motion b\ Plaintiffs in 1:97-cv-10304 for leave to file third consolidated and amended class action complaint filed. c/s (kf) (Entered: 11/25/1998)

230 Memorandum of law by Plaintiffs in 1:97-cv-10304 in support of [229-1] motion for leave to file third consolidated and amended class action complaint, filed. c/s (U) (Entered: 11/25/1998)

231 Letter by Jerome N. Garland dated: September 25, 1998 re: Proof of Claim and Release to the Claims Administrator filed. (kf) (Entered: 12/08/1998)

232 Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304 in opposition to [229-1] motion for leave to file third consolidated and amended class action complaint, filed. c/s (U) (Entered: 12/18/1998)

12/16/1998 233 Motion by Plaintiff Gary R. Anderson for protective order, or in the alternative, to quash, pursuant to Federal Rules of Civil Procedure 26 and 45, filed. c/s (U) (Entered: 12/18/1998)

12/16/199< 234 Memorandum by Gary R. Anderson in support of [233-1] motion for protective order, or in the alternative, to quash, pursuant to Federal Rules of Civil Procedure 26 and 45 filed. c/s (kf) (Entered: 12/18/1998)

12/16/1998 1235 Affidavit of Jeffrey C Block in 1:97-cv-10304, re: [233-1] motion for protective order, or in the alternative, to quash, pursuant to Federal Rules of Civil Procedure 26 and 45 filed. c/s (kf) (Entered: 12/18/1998)

12/21/199S :3u Supplemental Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1: 97- cv- 10304 in opposition to [229-1] motion for leave to file third consolidated and amended class action complaint, filed. c/s (U) (Entered: 12/21/1998)

12/21/1998 237 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 to compel and for an extension of discovery deadlines , filed. c/s (U) (Entered:

12/21/1998)

12/21/1998 238 Memorandum of law by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1 :97-cv- 10304 re: in support of motion to compel and for an extension of

I discovery deadlines filed. c/s (kf) (Entered: 12/21/1998)

12/21/199<

12/23/1998

12/23/ 199

23) Affidavit of James M. Wodarski in 1:97-cv-10304, re: [237-1] motion to compel and for an extension of discovery deadlines , filed. c/s (U) (Entered: 12/21/1998)

240 Response by Plaintiffs in 1 :97-cv- 10304 in opposition to [237-1] motion for an extension of discovery deadlines filed. c/s (kf) (Entered: 12/29/1998)

41 Affidavit of Jeffrcv C Block in 1 :97-cv- 10304, re: in opposition to [237-1] motion to compel and for an extension of discovery filed. c/s (kf) (Entered: 12/29/1998)

12/30/1998 242 Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97- cv-10304 in opposition to [233-1] motion for protective order, or in the alternative, to quash, pursuant to Federal Rules of Civil Procedure 26 and 45, filed. c/s (U) (Entered: 01/04/1999)

12/30/199 243 \lTida it oFJaiiics M. Wodarski in 1:97-cv-10304, re: [237-1] motion to compel and lou wi c\tcllsloll of discovery deadlines, filed. c/s (kf) (Entered: 01/04/1999)

12/31/199 244 Notice of change of address filed by Albert F. Cullen Jr. in 1:97-cv-10304. c/s (ki) (Entered: 01/06/1999)

12/31/1998 24 kmorandum by Plaintiffs in 1 :97-cv- 10304 in opposition to [237-1] motion to compel and for an extension of discovery deadlines, filed. c/s (U) Modified on 01/08/1999 (Entered: 01/08/1999)

12/31/199< 2-to Affidavit of Matthew E. Miller, re: [245-1] opposition memorandum ,filed. c/s (kf) (Entered: 01/08/1999)

01/14/1999 248 Joint motion by Plaintiffs in 1:97-cv-10304, Lawrence J. Ramaekers in 1:97-cv- 10304, Jay Alix and Assoc. in 1 :97-cv-10304 to extend time to February 10, 1999 to opposing motion for class certification, filed. c/s (U) (Entered: 0 1/19/1999)

01/15/1999 247 Letter by Jay Breazeale dated: Janaury 8, 1999 to: Settlement Administrator re: Proof of Claim filed. (kf) (Entered: 0 1/19/1999)

01/25/1999 Judge Robert E. Keeton. Endorsed Order entered granting [248-1] joint motion to extend time to February 10, 1999 to opposing motion for class certification. "This is Practice and Procedure Order No. 9. The Joint Motion to Extend Time (Docket #248) is ALLOWED." Notice sent to counsel. (U) (Entered: 0 1/29/1999)

01/26/1999 249 Motion by Plaintiffs for protective order, or in the alternative to quash requests 1(a), 1(b) and 2 of the subpoena duces tecum served on National Financial Services Corporation, pursuant to Rule 25 and 45 of the Federal Rules of Civil Procedure, filed. c/s (U) Modified on 0 1/27/1999 (Entered: 0 1/27/1999)

01/26/1999 250 Memorandum by plaintiffs in support of [249-1] motion for protective order, or in the alternative to quash requests 1(a), 1(b) and 2 of the subpoena duces tecum served on

I National Financial Serviccs Corporation, pursuant to Rulc 25 and 45 of the Federal Rules of Civil Procedure ,filed. c/s (kf) (Entered: 01/27/1999)

01/26/1999 251 Affidavit of Jeffrey C Block in 1:97-cv-10304, re: [249-1] motion for protective order, or in the alternative to quash requests 1(a), 1(b) and 2 of the subpoena duce-, tecum served on National Financial Services Corporation, pursuant to Rule 25 and 45 Of the Federal Rules of Civil Procedure, filed. c/s (U) (Entered: 01/27/1999)

01/26/1999 252 Judge Robert E. Keeton. Practice and Procedure Order No. 10 entered, set case management conference for Case management conference on 3/31/99. See order for dctails. cJcl (kf) (Enicred: 01/28/1999)

02/03/1999 253 Motion by plaintiffs in 1: 97-c \ - 10304 to compel documciits in response to Nos. 6 and 11 of plaintiffs' first request for the production of documents from defendants Lawrence J. Ramaekers and Jay Alix & Associates pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37.1 , filed. c/s (U) (Entered: 02/05/1999)

02/08/1999 254 Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97- cv-10304 in opposition to [249-1] motion for protective order, or in the altematiN c to quash requests 1(a), 1(b) and 2 of the subpoena duces tecum served on National Financial Services Corporation, pursuant to Rule 25 and 45 of the Federal Rules of Civil Procedure, filed. c/s (kf) (Entered: 02/09/1999)

02/08/1999 255 Affidavit of David A. Brown in 1:97-cv-10304, re: [254-1] opposition response,

I filed. c/s (U) (Entered: 02/09/1999)

02/11/1999 256 Reply by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 to [223-1] motion for class cetrtification, opposition to the designation of certain named plaintiffs, and opposition to the appointment of Berman, DeValerio and Pease as lead counsel, filed. c/s (kf) Modified on 02/12/1999 (Entered: 02/12/1999)

02/11/1999 257 Certificate of service by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 re: [256-fl opposition response ,filed. (U) (Entered: 02/12/1999)

02/16/1999 258 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for entry of stipulation and order for the prolcction and exchange of confidential information, filed. c/s (U) (Entered: 02/17/1999)

02/18/1999 259 Joint STIPULATION (Motion) by Plaintiffs in 1:97-cv-10304, Lawrence J. Ramaekers in 1 97-cv-10304, Jay Alix and Assoc in 1 97-cv-10304, to extend time to February 24, 1999 to oppose plaintiffs motion to compel documents in response to Nos 6 and 11 plaintiffs' first request for the production of documents , filed c/s (U) Modified on 02/24/1999 (Entered: 02/24/1999)

02/22/1999 1260 Motion by Plaintiffs in 1:97-cv-10304 for leave to file reply memorandum in support Of motion to quash issued to National Financial Services Corp. , filed. c/s (U) Modified on 02/25/1999 (Enicred: 02/25/1999)

02/22/1999 Judge Robert E. Keeton. Endorsed Order entered granting [260-1] motion for leave to file reply memorandum in of motion to quash subpoena issued to National Financial Services Corp. Notice sent to counsel. (kf) (Entered: 02/25/1999)

02/22/1999 261 Reply memorandum by Ronald Schwartz in 1:97-cv-10304 in further support of their motion to quash subpoena issued by defendants Jay Alix & Associates and Lawrence I. Ramacl\crs filed. c/s (kf) (Enicred: 02/25/1999)

02/22/1999 262 Affidavit of Jeffrey C Block in 1: 97-cv- 10304, re: in support of plaintiffs' motion to quash subpoenas to Natonal Financial Serviocs Corp., filed. c/s (kf) (Entered: 02/25/1999)

02/23/199) 3 Notice of change of address for Charles J. Pi' en, filed. c/s (kf) (Entered: 03/01/1999)

02/24/199) 4 Reply Memorandum of law by Plaintiffs in 1:97-cv-10304 re: in further support of

02/24/1999 269

their motion for class certification filed. c/s (kf) (Entered: 03/01/1999)

Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304 in opposition to [253-1] motion to compel documents in response to Nos. 6 and 11 of plaintiffs' first request for the production of documents from defendants Lawrence J. Ramaekers and Jay Alix & Associates pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37.1 , filed. c/s (U) (Entered: 03/02/1999)

02/24/1999 1270 1 Affidavit of Thomas G. McNeill, re: [267- 1] opposition response, filed. c/s (ki) (Entered: 03/02/1999)

02/26/1999 Judge Robert E. Keeton. Endorsed Order entered granting [258-1] motion for entry of stipulation and order for the protection and exchange of confidential information. "Allowed subject to the terms and condtions of a separate order made this date." Notice sent to counsel. (kf) (Entered: 03/01/1999)

02/26/1999 265 Judge Robert E. Keeton. Stipulation and Order for the Protection and Exchange of Confidential Information entered "SO ORDERED this 26th day of February, 1999, subject to the tcrms and conditions of separaic order of this datc." cc/cl (kf) (Entered: 03/01/1999)

U2/26/199) Judge Robert E. Keeton. Practice and Procedure Order No. 11 entered. "The proposed Protective Order filed by the parties in this case on February 16, 1999 (Docket 258), is approved as Practice and Procedure Order No. 11, subject to the following modification: Notwithstanding any provision or implication to the contrary: (1) No document claimed to be subject to this order may be filed with the Clerk without advance approval in writing by the court. This requirement is imposed for the protection of the interests of the parties against risks of accidental disclosure and to conserve scarce storage space and time of court personnel. (2) The proposed Protective Order is subject to further modification by order of this court, on the court's own initiative or upon motion by any person having an interest affected by the order, for good cause shown. Any party wishing to object to this modification must do so by written objection filed on or before two weeks from this date." cc/cl (kf) (Entered:

103/01/1999)

03/01/1999 267 Supplemental Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1 :97-cv- 10304 in opposition to [229-1] motion for leave to file third consolidated and amended class action complaint, filed c/s (U) (Entered 03/02/1999)

03/01/1999 1268 1 Affidavit of James M. Wodarski in 1:97-cv-10304, re: [267-1] opposition response, filed. c/s (U) (Entered: 03/02/1999)

03/03/1999 Judge Robert E. Keeton. Endorsed Order entered granting [259-1] stipulation motion to extend time to February 24, 1999 to oppose plaintiffs motion to compel documents in response to Nos. 6 and 11 plaintiffs' first request for the production of documents.

Notice sent to counsel. (U) (Entered: 03/04/1999)

03/03/1999 Si \lfidavit of Thomas G. McNeil in 1:97-cv-10304 filed. c/s (kf) (Entered: 03/05/1999)

03/16/1999

03/16/1999

272 Judge Robert E. Kccton. Order enicred granting in part, denying in part [249-1] motion for protective order, or in the alternative to quash requests 1(a), 1(b) and 2 of the subpoena duces tecum served on National Financial Services Corporation, pursuant to Rule 25 and 45 of the Federal of Civil Procedure deferring [253-fl motion to compel documents in response to Nos. 6 and 11 of plaintiffs' first request for the production of documents from defendants Lawrence J. Ramaekers and Jay Alix & Associates pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37. 1, "...The next Case Management Conference is scheduled for 2:00 p.m. on March 31, 1999. Argument on all pending motions will be heard at that time unless it is agreed With court approval or ordered that decision on a particular motion or motions be deferred..." set case management conference for Case management conference on 2:00 3/31/99 , set pretrial conference for 3:00 6/17/99 . cc/cl (kf) (Entered: 03/17/1999)

273 Stipulation of dismissal by Plaintiffs in 1:97-cv-10304, Robert Silva in 1:97-cv-10304 Without prejudice, filed. (kf) (Entered: 03/19/1999)

03/18/1999 274 Supplemental Memorandum by Plaintiffs in 1:97-cv-10304 re: concerning motion to compel documents in response to Nos 6 and 11 of plaintiffs' first request for the production of documents from defendants Lawrence J. Ramaekers and Jay Alix & Associates pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37 1, filed c/s (kf) (Entered: 03/23/1999)

03/26/1999 275 STIPULATION (Motion) by Plaintiffs in 1:97-cv-10304, Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304, ,filed. c/s (U) (Entered: 03/29/1999)

03/29/1999 276 Motion by Jay Alix and Assoc. in 1:97-cv-10304 for summary judgment with respect to plaintiffs' respondeat superior and section 20(a) claims , filed. c/s (kf) (Entered: 03/30/1999)

03/29/1999 277 Memorandum by Jay Alix and Assoc. in 1 :97-cv- 10304 in support of [276-1] motion for summary judgment with respect to plaintiffs' respondeat superior and section 20(a) claims , filed. c/s (kf) (Entered: 03/30/1999)

03/29/1999 7< Statement of counsel filed by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and \ssoc. in 1:97-cv-10304 , Re: status conference. c/s (kf) (Entered: 03/30/1999)

03/29/1999 279 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 for relief from stay order to obtain records of trading activity in Centennial stock on February 25, 1997, filed c/s (kf) (Entered 03/30/1999)

03/29/1999

03/29/199)

03/30/1999

280 Notice by Lawrence J. Ramaekers in 1:97-cv- 10304, Jay Alix and Assoc. in 1:97-cv-10304 withdrawing [267-1] opposition response filed. c/s (kf) (Entered: 03/30/1999)

Defendants Withdrawal of Motion to Compel Adequate 1&sponses to Interrogatories Nos. 2 and X filed. c/s (U) (Entered: 03/30/1999)

281 Plaintiffs' supplemental submission concerning plaintiffs' motion for class certification, filed. c/s (kf) (Entered: 03/30/1999)

03/30/1999 282 Statement of counsel filed by Plaintiffs' in 1 :97-cv-10304, Re: with respect to March 31 1999 hearing. c/s (kf) (Entered: 03/30/1999)

03/30/1999 2 S 3 STIPULATION (Motion) by Ronald Schwartz in 1:97-cv-10304, Lawrence J. Ramaekers in 1:97-cv- 10304, Jay Alix and Assoc. in 1:97-cv-10304, regarding the admissibility of certain news stories ,filed. c/s (kf) (Entered: 03/30/1999)

03/31/1999 Case management conference held. (kf) (Entered: 04/01/1999)

04/05/199)

04/05/199)

284 Judge Robert E. Keeton. Clerk's Notes: re: case management conf. granting [223-1] motion for class cetrtification granting [229-fl motion for leave to file third consolidated and amended class action complaint granting [233-fl motion for protective order, or in the alternative, to quash, pursuant to Federal Rules of Civil Procedure 26 and 45 denying [237- 1] motion to compel and an extension of discovery deadlines deferring [253-1] to compel documents in response to Nos. 6 and 11 of plaintiffs' first request for the production of documents from defendants Lawrencc J. Ramaekers and Jay Alix & Associates pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37.1 granting [279-1] motion for relief from stay order to obtain records of trading activity in Centennial stock on February 25, 1997, set Oral Argument hearing for 2:00 5/5/99 Court Reporter: McGlaughlin (U) (Entered:

04/01/1999)

Judge Robert E. Keeton. Memorandum in Explanation and Practice and Procedure Order No. 13 entered granting [223-1] motion for class cetrtification granting [229-11 motion for leave to file third consolidated and amended class action complaint granting [233-1] motion for protective order, or in the alternative, to quash, pursuant to Federal Rules of Civil Procedure 26 and 45 denying [237-1] motion to compel and for an extension of discovery deadlines deferring [253-1] motion to compel documents in response to Nos. 6 11 of plaintiffs' first request for the production of documents from defendants Lawrence J. Ramaekers and Jay & Associates pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37.1 granting [275-1] stipulation motion deferring [276-1] motion for summary judgment with respect to plaintiffs' respondeat superior and section 20(a) claims granting [279-1] motion for relief from stay order to records of trading activity in Centennial stock on February 25, 1997 granting [283-1] stipulation motion regarding the admissibility of certain news stories, set case conference for Case management conference on 2:00 5/5/99 . cc/cl (kf) (Enicred: 04/02/1999)

Motion by Plaintiffs in 1:97-cv-10304 for order authorizing distribution of the settlement fund, filed. c/s (kf) (Entered: 04/05/1999)

7 Memorandum by Plaintiffs in 1: 97-cv- 10304 in support of [286-1] motion for order authorizing distribution of the settlement fund, filed. c/s (U) (Entered: 04/05/1999)

03/31/1999

04/02/199)

04/05/1999 288 Affidavit of Jeffrey C Block in 1:97-cv-10304, re: [286-1] motion for order i authorizing distribution of the settlement fund, filed. c/s (U) (Entered: 04/05/1999)

04/05/1999

289 Affidavit of Michael Rosenbaum, re: [286-1] motion for order authorizing distribution of the settlement fund , filed. c/s (kf) (Entered: 04/05/1999)

04/09/1999 290 Notice of withdrawal of counsel by Mark R. Rosen for Abraham and Dana Nechemia and Ehud Nahum filed. (kf) (Entered: 04/13/1999)

04/09/1999 291 kssented to Motion by Plaintiffs in 1 :97-cv- 10304 to publish notice of pendency of class action filed. c/s (kf) (Entered: 04/13/1999)

04/14/1999 Judge Robert E. Keeton. Endorsed Order entered granting [291-1] motion to publish notice of pendency of class action. "Allowed and so ordered." Notice sent to counsel.

I (kf) (Entered: 04/15/1999)

04/16/1999 :92 Transcript of proceedings for case management conference held on proceeding date: March 31, 1999 before Judge: Keeton. Court Reporter: Jim McLaughlin (U) (Entered: 04/19/1999)

04/22/1999 293 Memorandum by Plaintiffs in 1:97-cv-10304 in opposition to [276-1] motion for summary judgment with respect to plaintiffs' respondeat superior and section 20(a) Claims, filed. c/s (kf) (Entered: 04/26/1999)

05/03/1999 294 Motion by Jay Alix and Assoc. in 1:97-cv-10304 for leave to file reply memorandum in support of motion for summary judgment with respect to plaintiffs' respondeat superior and scction 20(a) claims filed. c/s (kf) (Enicred: 05/04/1999)

05/03/1999 ).5 Reply by Jay Alix and Assoc. in 1:97-cv-10304 in support of motion for summary judgment with respect to plaintiffs' respondeat superior and section 20(a) claims, filed. c/s (kf) (Entered: 05/04/1999)

05/03/1999

05/03/1999

05/06/1999

297 Motion by Plaintiffs in 1 :97-cv- 10304 to bifurcate the trial regarding issues of class-wide and individual reliance, filed. c/s (kf) (Entered: 05/07/1999)

298 Memorandum of law by class Plaintiffs in 1:97-cv-10304 re: in support of motion to biFurcate filed. c/s (kf) (Entered: 05/07/1999)

Case management conference held. 0. r) (Entered: 05/07/1999)

05/06/1999 296 Judge Robert E. Keeton. Clerk's Notes: re: case management held, Colloquy re: motion for summary judgment (docket 276). Court takes motion under advisement. Motion to dist. settlement funds (docket #286) change found in proposed order, plaintiff will file new modified copy on Friday. Class cert. notice has been marked and published. Fraud on market theory discussed. Briefing schedule: defendants motion - May 14, 1999, opposition - May 28, 1999, Reply - June 4, 1999. set hearing for 4:00 6/9/99. Court - need to do special verdict questions before trial. That will have bearing on Motion to bifurcate. Court provides draft stip and Order Regulating Jury Trial. Plaintiff requests order getting stuff done earlier. Court - if parties agree, fine. Otherwise, file motion. Court Reporter: Tim Willette (kf) (Entered: 05/07/1999)

05/07/1999 301 Motion by Lawrence J. Ramaekers in 1 :97-cv-10304, Jay Alix and Assoc. in 1 :97-cv- 10304 for expert discovery, filed. c/s (U) (Entered: 05/13/1999)

05/11/1999 Proposed Order Authorizing Distibution of the Settlement by Plaintiffs in 1:97-cv- 10304 received for filing. (kf) (Entered: 05/11/1999)

05/11/1999

299 Judge Robert E. Keeton. Practice and Procedure Order No. 14 entered. Order Authorizing Distribution of the Settlement Fund. " ...IT IS HEREBY ORDERED that: 1. The David Berdon & Co. LLP shall be paid the sum of $420,000. in fees and reimbursed $174,119.29 from the Settlement Fund in final payment of the fees and expenses of the Settlement Administrator. 2. The "Summary Loss Calculations" determined by Berdon and contained in Exhibit A hereto are hereby approved, and the

Recognized Losses for each claimant listed therein are hereby allowed. 3. The claims Berdon deemed invalid and listed in Exhibits B and C hereto are disallowed. 4. The remaining cash balance of the Settlement Fund shall be transferred to an accoount to be established at Chase Manhattan Bank under the supervision of Berdon. 5. Berdon shall set aside from the Settlement Fund prior to distribution any monies required to pay any tax liabilities and to prepare and file any additional income tax returns necessary for proper accounting of the Settlement Fund to the I.R.S. 6. Berdon shall thereupon calculate on a pro rata basis the dollar amount of the Settlement Fund cash balance to which each claimant whose Recognized Loss is listed in the Summary Loss Calculations is entitled, and, without further order of the Court, distributes that cash balance to the approved claimants." ce/cl (kf) (Entered: 05/12/1999)

05/11/1999 300 I citci b\ Ja\ I hac/caic datcd: May 4, 1999 to: Judge Kcctoii ic: sctticiiiciit arcciiicnt Iikd. ik15 (L11lird: U51 13, 1999)

05/14/1999 3U2 Judge Robert E. Keeton. Memorandum In Explanation and Practice and Procedure Order No. 15 entered., set case management conference for 4:00 6/9/99. See order for details. cc/cl (kf) (Entered: 05/17/1999)

05/14/1999 303 Judge Robert E. Keeton. Practice and Procedure Order No. 16 entered. Stipulation and Order for Tailored Jury Trial attached to Practicc and Proccdure Order No. 15 of May 14, 1999. See order for details. cc/cl (kf) (Entered: 05/17/1999)

05/17/1999 304 Motion by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 to preclude plaintiffs use of the "fraud-on-the-market" theory, filed. c/s (kf) (Entered: 05/18/1999)

05/17/1999 305 Memorandum by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-c-10304 in support of [304-1] motion to prcclude plaintiffs use of the "fraud-on-the-market" theory, filed. c/s (kf) (Entered: 05/18/1999)

05/17/1999 30 Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97- cv-10304 in opposition to [297-1] motion to bifurcate the trial regarding issues of Class-wide and individual reliance, filed. c/s (kf) (Entered: 05/18/1999)

05/17/1999 307 Declaration of Prof. Joel Hasbrouck, re: in support of [304-1] motion to preclude plaintiffs use of the "fraud-on-the-market" theory , filed. c/s (kf) (Enired: 05/18/1999)

05/17/1999 308 Declaration of Dr. Marcia Kramer Mayer, re: in support of [304-1] motion to preclude plaintiffs use of the "fraud-on-the-market" theory , filed. c/s (kf) (Entered: 05/18/1999)

05/17/1999

05/19/1999

5/19/1999

05/20/1999

309 Declaration of Thomas S. Dean, re: in support of [304-1] motion to preclude plaintiffs use of the "fraud-on-the-market" theory - filed. c/s (kf) (Fnired: 05/18/1999)

10 Motion by Lawrence J. Ramaekers in 1 :97-cv-10304, Ja\ Xlix and Assoc. in 1 :97-cv-10304 to exclude testimony of Gregg A. Jarrell filed. c/s (kf) (Entered: 05/21/1999)

311 Memorandum by Lawrence J. Ramaekers in 1 :97-cv- 10304, Jay Alix and Assoc. in 1 :97-cv- 10304 in support of [310-1] motion to exclude testimony of Gregg A. Jarrell, filed. c/s (kf) (Entered: 05/21/1999)

12 Motion by Plaintiffs in 1:97-cv-10304 to exclude the testimony of defendants'

proposed experts Gerald W. Hepp, Jonathan M. Klarfeld, Stuart A. McCrary, Terrance Odcan and Roger W. Shuv filed. c/s (kf) (Entered: 05/24/1999)

05/20/1999

313 Memorandum of law by plaintiffs in 1 :97-cv- 10304 re: in support of motion to exclude the testimony of defendants proposed experts filed. c/s (U) (Entered:

1 05/24/1999)

05/24/1999 314 Transcript of proceedings for hearing and case management conference held on proceeding date: May 5, 1999 before Judge: Keeton. Court Reporter: Tim Willette (kf) (Enicred: 05/25/1999)

06/01/1999

06/01/1999

06/01/199)

06/01/199)

06/01/1999

\\ithdrawal of [301-1] motion for expert discovery. c/s (kf) (Entered: 05/26/1999)

315 Letter by Robert Frutkin dated: May 26, 1999 to: Judge Keeton re: class action settlement filed. (kf) (Entered: 06/01/1999)

316 Motion by Plaintiffs in 1 :97-cv- 10304 for leave to file reply memorandum in support Of motion to bifurcate the trial , filed. c/s (kf) (Entered: 06/01/1999)

317 Reply Memorandum of law by Ronald Schwartz in 1:97-cv-10304 re: in support of notion to bifurc.aic the trial filed. c/s (kf) (Enicred: 06/01/1999)

31 < Motion by Plaintiffs in 1 :97-cv-10304 to modify order authorizing distribution of the settlement fund , filed. c/s (U) (Entered: 06/01/1999)

.111) Response by Plaintiffs in 1:97-cv-10304 in opposition to [304-1] motion to preclude plaintiffs use of the "fraud-on-the-market" theory , filed. c/s (kf) (Entered: 06/01/1999)

320 Affidavit of Kathleen Donovan-Maher, re: in support of [319-1] opposition response,

05/25/1999

05/28/1999

filed. c/s (kf) (Entered: 06/01/1999)

06/02/1999 321 Judge Robert E. Keeton. Practice and Procedure Order No. 17 entered, set case management conference for Case management conference on 12:00 6/3/99. " ...Until the conclusion of that Case Management Conference, the distribution of the settlement proceeds, ordered on May 11, 1999 (Practice and Procedure Order No. 14, Docket No. 299)_ is stavcd." cc 1cl (kf) (Entered: 06/02/1999)

06/02/1999 Judge Robert E. Keeton. Endorsed Order entered granting [316-1] motion for leave to file reply memorandum in of motion to bifurcate the trial. [EOD Date 6/2/99] Notice sent to counsel. (U) (Entered: 06/02/1999)

06/02/1999 323 Motion by Jay Alix and Assoc. in 1 :97-cv- 10304 for reconsideration of summary on control person liability claim, filed. c/s (U) (Entered: 06/03/1999)

06/02/ 1999

324 Memorandum by Jay Alix and Assoc. in 1 :97-cv- 10304 in support of [323-1] motion for reconsideration of summary judgment on control person liability claim, filed. c/s (U) (Entered: 06/03/1999)

06/02/1999

32 Motion by Jay Alix and Assoc. in 1 :97-cv- 10304 for order pursuant to 28 U.S.C. 1292(b) certifying a question of controlling law, filed. c/s (U) (Entered: 06/03/1999)

06/03/ 1999

22 Letter by Glen DeValerio in 1:97-cv-10304 dated: June 3, 1999 to: Judge Keeton re: case management conf. filed. (kf) (Entered: 06/03/1999)

06/03/1999 Terminated document: denying [276-1] motion for summary judgment with respect to plaintiffs' respondeat superior and section 20(a) claims Requested by Practice and Procedure Order No. 15 (docket #302). (U) (Entered: 06/03/1999)

U6/03/199)

06/03/1999

06/03/1999

1 2 6 Judge Robert E. Keeton. Modified Order Authorizing Distribution of the Settlement Fund entered [EOD Date 6/4/99] cc/cl (U) (Entered: 06/04/1999)

327 Response by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97- cv-10304 in opposition to [312-1] motion to exclude the testimony of defendants' proposed c\perts Gerald W. Hepp, Jonathan M. Klarfeld, Stuart A. McCrarv Terrancc Odean and Roger W. Shuv filed. c/s (kf) (Entered: 06/07/1999

Case management conference held. (ki) (Entered: 06/09/1999)

06/03/1999 331 Judge Robert E. Keeton. Clerk's Notes: re: case management conf. granting [318-1] motion to modify order authorizing distribution of the settlement fund mooting [286-1] motion for order authorizing distribution of the settlement fund dismissing [294-1] motion for leave to file reply memorandum in support of motion for summary judgment with respect to plaintiffs' respondeat superior and section 20(a) claims Court Reporter: Tim Willette (U) (Entered: 06/09/1999)

06/04/1999 328 Status report by Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in

I 1:97-cv-10304 submitted in advance of the June 8, 1999 hearing, filed. c/s (U) (Enicred: 06/07/1999)

06/07/1999 329 Reply Brief by Lawrciicc J. Ramacl\crs in 1:97-cv-10304, Jay Alix and Assoc. in 1 :97-cv- 10304 in support of defendants motion to preclude use of the "fraud on the Market" theory, filed. c/s (kf) (Entered: 06/07/1999)

06/08/1999

08/25/199')

08/27/199)

08/31/1999

330 Joint motion by Plaintiffs and Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv- 10304 to stay proceedings until after August 3. 1999 ,filed. (kf) (Enicred: 06/08/1999)

Casc iiaiiaciiiciit coiiliciicc licid Iiitcicd: 06 ft) 1999)

AC Judge Robert E. Keeton. Clerk's Notes: re: case management conf. granting [330-1] Joint motion to stay proceedings until after August 3, 1999, Parties decline opportunit to see court's tentative Memorandum and Order. set case management conference for 2:00 9/2/99, reset Jury trial for 9:00 10/25/99 Court Reporter: Tim Willette (kf) (Fnicred: 06/09/1999)

333 \ucc of change of address for attorncv Richard J. Kilsheimer filed. c/s (U) Intered: 08/26/1999)

334 Letter by David A. Brown in 1:97-cv-10304 dated: August 25, 1999 to: Judge Keeton re: settlement filed. c/s (kf) (Entered: 08/27/1999)

Judge Robert E. Keeton. Endorsement entered, set Settlement Approval hearing for Tuesday, September 28, 1999 at 3:00 p.m. [EOD Date 9/1/99] Notice sent to counsel. (U') (Entcred: 09/01/1999)

06 O 1

U6/08/199)

09/08/1999 335 Judge Robert E. Keeton. Memorandum In Explanation and Practice and Procedure Order No. 18 entered dismissing [253-1] motion to compel documents in response to Nos. 6 and 11 of nlaintiffs' first reauest for the nroduction of documents from

defendants Lawrence J. Ramaekers and Jay Alix & Associates pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37.1. [EOD Datc' 9/9/99] cc'cl (U) (Entered: 09/09/1999)

10/22/199)

10/22/1999

l0/22/199)

10/22/1999

33o STIPULATION of Third Partial Settlement by class plaintiffs in 1:97-cv-10304, Lawrence J. Ramaekers in 1:97-cv-10304, Jay Alix and Assoc. in 1:97-cv-10304, filed. c/s (kf) (Entered: 10/27/1999)

337 Judge Robert E. Keeton. Order of Preliminary Approval of Third Partial Settlement and Hcaring Order cntcred. [EOD Datc 10/27/99] cccl (Id) (Enicred: 10/27/1999)

Scttlement conference Hearing held. (kf) (Entered: 10/29/1999)

338 Judge Robert E. Keeton. Clerk's Notes: re: settlement conference, REK signs settlement agreement. This is Practice and Procedure Order No. 19 and is an INTERLOCUTORY ORDER that does NOT CLOSE THE CASE. Order of Preliminary ApproN al of Third Partial Settlement and Hearing Order. set Final Sctticment Conf. hcaring for 4:30 12/15/99. Court Reporicr: Lcc Marzilli (U) Intered: 10/29/1999)

11/23/1999 339 Letter by Kay Bronston dated: November 18, 1999 to: Judge Keeton re: becoming a party in this case filed. (kf) (Entered: 11/24/1999)

11/30/1999 340 Objection by Anatole Geiche in 1 :97-cv-10304 re: to proposed settlement, plan of allocation and award of fees and expenses, filed. c/s (U) (Entered: 12/01/1999)

12/08/1999 341 Response by Plaintiffs in 1:97-cv-10304to [340-1] Anatole Geiche's objection to proposed third partial settlement, plan of allocation and award of fees and expenses, filed. c/s (kf) (Entered: 12/10/1999)

12/08/1999 342 Memorandum of law by Class plaintiffs' in 1:97-cv-10304 re: in support of the proposed third partial settlement filed. c/s (kf) (Entered: 12/10/1999)

12/08/1999 343 Memorandum of law by class plaintiffs in 1:97-cv-10304 re: in support of joint application of class counsel for an award of attorneys' fees and reimbursement of expenses filed. c/s (kf) (Entered: 12/10/1999)

12/08/1999 344 Affidavit of Glen DeValerio in 1:97-cv-10304, re: in support of approval of third partial settlement and award of attorneys' fees and expenses, filed. c/s (U) (Entered: 12/10/1999)

12/08/1999 34 Affidavit of Mailing and Publication by Michael Rosenbaum filed. (U) (Entered: 12/10/1999)

12/08/1999 346 Response by Lawrciicc J. Ramackcrs in 1:97-cs -10304, Jay Alix and Assoc. in 1:97- cv-10304to [340-1] Anatole Gieche's objection to proposed settlement, filed. c/s (kf) (Entered: 12/10/1999)

12/14/1999 347 Statement of counsel filed by Anatole Geiche in 1:97-cv-10304, Re: in support of objection to the proposed settlement, plan for allocation and award of attorneys' fees and expenses. c/s (kf) (Entered: 12/21/1999)

l2/15/199)

Sctticment Hearing held. (Id) (Enicred: 12/28/1999)

12 1 1999 At) iudc Robcit I. IKcctoii Ciciks Notcs: ic: sctticiiiciit Iicariii. No ojic iii court objccts

to settlement agreement (docket #337). Plaintiff argues in support of settlement agreement. Defendant agrees with plaintiff and adds that issue was highly contested and vigorously litigated and that he's grateful that parties could reach a settlement. Under FRCP 54b, REK orders Final Judgment be entered in this case, according to third partial settlement. REK awards $154,381.57 for expenses and 30% of settlement fund for attorney fees. REK orders clerk to enter Final Judgment under FRCP 54b in accordance with final order and judgment filed today in third partial settlement, according to findings made today on record. ORDERS clerk to designate order of final approval of settlement as Practice and Procedure Order #20, and order of attorney fees and expenses as Practice and Procedure Order #21. Court Reporter: Lee Marzilli (U) (Entered: 12/28/1999)

12/15/1999 350 Judge Robert E. Kccton. Third Partial Settlment Order of Final Approval and Final Judgment of Dismissal entered. [EOD Date 12/28/99] cc/cl (kf) (Entered:

1 112/28/1999)

12/15/1999 351 Judge Robert E. Keeton. Final Order and Judgment Awarding Attorneys' Fees and Reimbursement of Expenses from the Third Partial Settlement entered. [EOD Date 12/28/991 cc/cl (kf) (Entered: 12/28/1999)

12/20/199) Judge Robert E. Kccton. Mcmnorandum in Explanation and Practicc and Proccdure Order No. 22 entered. " ...For the reasons stated in the foregoing Memorandum in Explanation, it is hereby ORDERED: (a) Civil Action Nos. 97-10450-REK, 97- 1 1369-REK, and 97-11 572-REK are CLOSED. (b) The Clerk is directed to enter forthwith on separate documents a Final Judgment in each of those three cases as follows: This civil action is dismissed, all claims having been settled. (c) The Clcrk is directed to mail a copy of this Memorandum in Explanation and Practice and Procedure Order No. 22 to all counsel who have entered an appearance in Civil Action No. 98-10044-REK as notice under Local Rule 41.1 that Civil Action No. 98-10044- REK is subject to dismissal for want of prosecution in thirty days." [EOD Date 1/3/00] cc/cl (kf) (Entered: 01/03/2000)

12/22/1999 34< Letter by Glen DeValerio in 1:97-cv-10304 dated: December 22, 1999 to: Judge Keeton re: cases that may be closed, filed. (U) (Entered: 12/23/1999)

02/08/2000 353 Transcript of proceedings for Settlement Conference held on proceeding date: December 15, 1999 before Judge: Keeton. Court Reporter: Lee Marzilli (kf) (Entered:

1 02/08/2000)

02/09/2000 354 Letter by James M. Wodarski in 1 :97-cv-10304 dated: February 8, 2000 to: Judge Keeton re: dismissing the complaint in C.A.# 98-10044-REK, filed. (U) (Entered:

1 02/09/2000)

02/16/2000 3i5 Judge Robert E. Keeton. Practice and Procedure Order No. 23 entered. "it is ORDERED: (a) Civil Action No. 98-10044-REK, Anatole Geishe v. Centennial Technologies et al., is closed. (b) The Clerk is directed to enter forthwith on a separate document a Final Judgment in CA 98-10044-REK as follows: This Civil Action is dismissed for want of prosecution" [EOD Date 2/17/00] cc/cl (U) Modified on 02/17/2000 (Entered: 02/17/2000)

02/24/2000 356 Judge Robert E. Keeton. Practice and Procedure Order No. 24 entered mooting [325- 1] motion for order pursuant to 28 U.S.C. 1292(b) certifying a question of controlling law mooting [323-1] motion for rcconsideration of summary judgment on control

02/24/2000

03/28/2000

03/28/2000

person liability claim, mooting [312-1] motion to exclude the testimony of defendants' proposed experts Gerald W. Hepp, Jonathan M. Klarfeld, Stuart A. McCrary, TerrancL Odean and Roger W. Shuy, mooting [310-1] motion to exclude testimony of Gregg A. Jarrell, mooting [304-1] motion to preclude plaintiffs use of the "fraud-on-the-market" theory, mooting [297-1] motion to bifurcate the trial regarding issues of class-wide and individual reliance. [EOD Date 2/25/00] cc/cl (U) (Entered: 02/25/2000)

357 Judge Robert E. Keeton. Practice and Procedure Order No. 25 entered, set case management conference for Case management conference on 3/28/00. [EOD Date

1 2/25/00] cc/cl (kf) (Entered: 02/25/2000)

Case management conference held. (kf) (Entered: 03/30/2000)

358 Judge Robert E. Keeton. Clerk's Notes: re: case management conference, DeValerio lists remaining defendants and status of criminal and bankruptcy proceedings. Will file motion for summary judgment as to three defendants in the next few weeks. Will submit a report on Third Settlement proceedings in April or May and will begin distributions. Will issue practice and procedure order in next few days to confirm next conference. set case management conference for 3:00 6/13/00 Court Reporter: Lee Marzilli (kf) (Entered: 03/30/2000)

03/28/2000 359 Status Conference Agenda filed in open court. (U) (Entered: 03/30/2000)

03/29/2000

04/28/2000

360 Judge Robert E. Keeton. Practice and Procedure Order No. 26 entered, set case 1 management conference for Case management conference on 6/13/00. [EOD Date 3/30/00] cc/cl (kf) (Entered: 03/30/2000)

361 Motion by class plaintiffs in 1:97-cv-10304 for order Authorizing Distribution of the Centennial III Settlement Fund, filed. c/s (U) (Entered: 05/02/2000)

04/28/2000 362 Memorandum by class plaintiffs in 1 :97-cv-10304 in support of [361-1] motion for order Authorizing Distribution of the Ccnlcnnial III Settlement Fund, filed. c/s (kf (Entered: 05/02/2000)

04/28/2000 363 Affidavit of Glen DeValerio in 1:97-cv-10304, re: [361-1] motion for order Authorizing Distribution of the Centennial III Settlement Fund ,filed. c/s (kf)

(Entered: 05/02/2000)

04/28/2000

04/28/2000

05/05/2000

364 Affidavit of Michael Rosenbaum, re: [361-1] motion for order Authorizing Distribution of the Centennial III Settlement Fund, filed. c/s (kf) (Entered: 05/02/2000)

Proposed Order Authorizing Distribution of the Centennial III Settlement Fund received for filing. (U) (Entered: 05/02/2000)

365 Judge Robert E. Keeton. Order entered granting [361-1] motion for order Authorizing Distribution of the Centennial III Settlement Fund. [EOD Date 5/9/00] cc/cl (U) (Enicred: 05/09/2000)

05/15/2000

366 Motion by Plaintiffs' in 1 :97-cv- 10304 for summary judgn'cnt against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood, filed. c/s (kf) (Entered: 05/16/2000)

05/15/2000 367 Memorandum of law by Ronald Schwartz in 1 :97-cv- 10304 in support of [366-1]

motion for summary judgment against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood filed. c/s (kf) (Entered: 05/16/2000)

05/15/2000 36S Statement of Material Undisputed Facts by Plaintiffs' in 1:97-cv-10304 re: [366-1] motion for summary judgment against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood, filed. c/s (U) (Entered: 05/16/2000)

05/15/2000 369 \ffidavit of Kathleen M. Donovan-Maher, re: [366-1] motion for summary judgment against defendants Emanuel Pinez, James M. Murphy and E. Lockwood, filed. c/s I\[) (Entcred: 05/16/2000)

13 2000

06/13/2000

06/13/2000

172 Status Coiilrciicc \ciida ñlcd. I\l Iiitcrcd: 06 1( 2000)

Case management conference held. (kf) (Entered: 06/21/2000)

374 Judge Robert E. Keeton. Clerk's Notes: re: case management conference, Attorneys state their names and representations. Colloquy re: status of the proceedings. Colloquy re: motion for summary judgment. Will set hearing to consider status of Bond Fletcher and sale of assets by SEC and distribution to class members, SEC counsel to appear at that hearing (9/7/00). Colloquy re: opt-outs from 1st settlement filed 98-10243-REK and status of that case. Plaintiffs will dismiss three no-asset corporate defendants (BBC, Infos, Pressage) (all but MediaJet). Colloquy re: P& P Order #28. set Motion hearing for 3:30 6/28/00 Court Reporter: Lee Marzilli (U) (Entered: 06/21/2000)

06/14/2000 370 Motion by plaintiffs in 1:97-cv-10304to dismiss actions pending against defendants BBC Compulcrs, Infos Intcrnational and Presage Corporation, filed. c/s (U) (Enicred:

106/15/2000)

06/15/2000 371 Judge Robert E. Keeton. Memorandum and Practice and Procedure Order No. 28 entered. granting [366-1] motion for summary judgment against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood granting [370-1] motion to dismiss actions pending against defendants BBC Computers, Infos International and Presage Corporation, set Oral Argument hearing for 3:30 6/28/00, set case management conference for 4:00 9/7/00 [EOD Date 6/16/00] cc/cl (kf) (Entered: 06/16/2000)

06/16/2000 373 Response by Robert E. Lockwood in opposition to plaintiffs' motion for summary judgment, filed. c/s (kf) (Entered: 06/19/2000)

06/28/2000 Hearing held. (U) (Entered: 06/30/2000)

06/28/2000 375 Judge Robert E. Keeton. Clerk's Notes: re: hearing held, granting [366-1] motion for summary judgment against defendants Emanuel Pinez, James M. Murphy and Robert E Lockwood Colloquy re damages Plaintiff will file briefs on damages before September conference. Court Reporter: Lee Marzilli (U) (Entered: 06/30/2000)

08/23/2000 376 Transcript of proceedings for Case Management conference held on proceeding date: March 28, 2000 before Judge: Keeton. Court Reporter: Lee Marzilli (kf) (Entered: 08/24/2000)

08/23/2000 377 Transcript of procccdings for Case Managciicnt Conferciicc held on procccding daic: June 13, 2000 before Judge: Keeton. Court Reporter: Lee Marzilli (kf) (Entered: 08/24/2000)

10/10/2000 378 Judge Robert E. Keeton. Notice of Hearing/conference: reset case management

conference for 2:00 11/10/00 . cc/cl (kf) (Entered: 10/10/2000)

10/18/2000 379 Motion by Plaintiffs in 1:97-cv-10304 for entry of order assessing damages against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood, filed. c/s (kf) (Entered: 10/18/2000)

10/18/2000 3 () Memorandum of law by Plaintiffs in 1 :97-cv- 10304 re: in support of plaintiffs' motion for entry of an order assessing damages against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood, filed. c/s (U) (Entered: 10/18/2000)

11/02/2000

1 Judge Robert E. Keeton. Notice/order entered cancelling deadline. Deadline tcrminated: Case Management Conference. cc/cl (kf) (Entered: 11/03/2000)

11/13/2000

383 Memorandum of law by Plaintiffs in 1 :97-cv- 10304 re: in opposition to motion to continue hearing, filed. c/s (kf) (Entered: 11/16/2000)

11/15/2000 382 Motion by Robert Lockwood to continue hearing, filed. c/s (U) (Entered: 11/16/2000)

11/15/2000 Judge Robert E. Keeton. Endorsed Order entered denying [382-1] motion to continue hearing "Denied for failure to show good cause for a further delay the hearing scl'cduled for November 16, 2000 with reasonable noticc." [EOD Datc 11/16/00] Notice sent to counsel. (kf) (Entered: 11/16/2000)

11/16/2000 Casc management conference held. (kf) (Entered: 11/20 000)

11/16/2000 34 Judge Robert E. Keeton. Clerk's Notes: re: case management conference. granting [379-1] motion for entry of order assessing damages against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood. REK will issue a memo in explanation and practice and procedure Order No. 29, in which he will recite all of the matters that have occurred in this hearing today. Court Reporter: Lee Marzilli (U) (Entered: 11/20/2000)

11/16/2000 385 Memorandum of Robert E. Lockwood re: assessment of damages filed. c/s (kf) (Entered: 11/20/2000)

11/17/2000 386 Judge Robert E. Keeton. Memorandum in Explanation and Practice and Procedure Order No. 29 entered denying [379-1] motion for entry of order assessing damages against defendants Emanuel Pinez, James M Murphy and Robert E Lockwood " ...It is therefore ORDERED that all claims, in Civil Action No 98-10243-REK and All Related Cases against all defendants other than Coopers & Lybrand LLP, Emanuel Pinez, and James M. Murphy, Jr., are DISMISSED WITH PREJUDICE. The Clerk is directed to enter forthwith a Separate Final Judgment accordingly, on a separate document, in Civil Action No 98-10243-REK" [EOD Date 11/20/00] cc/cl (U) (Entered: 11/20/2000)

12/07/2000

12/19/2000

387 Transcript of proceedings for case management conference held on proceeding date: November 16, 2000 before Judge: Keeton. Court Reporter: Lee Marzilli (U) (Entered: 12/07/2000)

388 Motion by Plaintiffs in 1:97-c\ ,-10304 to dircct cntry of final judgmciit against defendants Emanuel Pinez, James M. Murphy and Robert Lockwood, filed. c/s (kf) (Entered: 12/20/2000)

12/19/2000 389 Memorandum of law by Plaintiffs in 1 :97-cv-10304 re: in support of motion to direct

entry of Final Judgment against defendants Emanuel Pinez, James M. Murphy and Robert E. Lockwood filed. c/s (kf) (Entered: 12/20/2000)

04/27/2001

390 Judge Robert E. Keeton. Notice of Hearing/conference: set Motion hearing for 2:45 6/7/01 . cc/cl (U) (Entered: 04/27/2001)

06/07/2001

Motion Hearing held. (U) (Entered: 06/20/200 1)

06/07/2001 393 Judge Robert E. Keeton. Clerk's Notes: re: motion hearing granting [388-1] motion to direct entry of final judgment against defendants Emanuel Pinez, James M. Murphy and Lockwood, Plaintiff will submit a draft of PRO No. 30, which will supplement PRO No. 29. Colloquy re: status. Plaintiff believes case can be closed in six months. set case management conference for 3:00 12/14/01 . Court Reporter: Lee Marzilli (U) (Entered: 06/20/2001)

06/12/2001 391 Judge Robert E. Keeton. Memorandum in Explanation and Practice and Procedure Order No. 30 entered. " ...It is therefore ORDERED pursuant to Rule 54(b) of the Federal Rules of Civil Proccdure that Final Judgment cnlcr..." set case managcinciit conference for 3:00 12/14/01 [EOD Date 6/15/01] cc/cl (kf) (Entered: 06/15/2001)

06/13/2001 392 Judge Robert E. Keeton. Separate Final Judgment entered. "Under Federal Rule of Civil Procedure 54(b), I conclude that the requirements for separate final judgment against Defendants Emanuel Pinez, James M. Murphy, and Robert E. Lockwood have been met. No claims remain against these defendants. The claims adjudicated against these defendants and those remaining do not have any common underlying legal or factual issues. No risk exists of successive appeals concerning the same legal and factual issues. No just reason exists for delaying separate final judgment against these parties." [EOD Date 6/15/O fl cc/cl (kf) (Entered: 06/15/2001)

11/19/2002 394 Motion by Plaintiffs in 1 :97-cv-10304 to voluntaryily dismiss Bond D. Fletcher and Media Jet, Inc. pursuant to Rules 23(e) and 41(a)(2) of the Federal Rules of Civil Procedure, filed. c/s (kf) (Entered: 11/21/2002)

11/26/2002 35 Judge Robert E. Keeton. Order entered granting [394-1] motion to voluntaryily dismiss Bond D. Fletcher and Media Jet, Inc. pursuant to Rules 23(e) and 41(a)(2) of the Federal Rules of Civil Procedure in 1:97-cv-10304. [EOD 11/26/02] cc/cl. (cjn) (Entered: 11/26/2002)

11/26/2002 Case closed. (1:98-cv-10314 1:98-cv-10243 1:98-cv-10044 1:97-cv-12550 1:97-cv- 11572 1:97-cv-10846 1 :97-cv-10614 1:97-cv-10578 1 :97-cv-10562 1 :97-cv-10532 1:97-cv-10508 1:97-cv-10501 1:97-cv-10484 1:97-cv-10450 1:97-cv-10431 1:97-cv-10443 1:97-cv-10433 1 :97-cv-10415 1:97-cv-10413 1 :97-cv-10376 1 :97-cv-103 18 1:97-cv-10377 1:97-cv-10372 1:97-cv-10348 1:97-cv-10354 1:97-cv-10347 1:97-cv-10366 1:97-cv-10338 1 :97-cv-10355 1:97-cv-10322 1 :97-cv-10328 1 :97-cv-10359 1:97-cv-10352 1:97-cv-10315 1:97-cv-10312 1:97-cv-10306 1:97-cv-10320 1:97-cv-10321 1:97-cv- 103 14) (cjn) (Entered: 11/26/2002)

11/04/2005 396 Ex Parte MOTION for Order filed by class plaintiffs .(Folan, Karen) (Entered: 11/07/2005)

11/04/2005 397 MEMORANDUM in Support re 396 El PARTE MOTION for Order filed by class plaintiffs. (Folaw Karen) (Entered: 11/07/2005)

11/04/2005 39S AFFIDAVIT of Kathleen Donovan-Maher re 396 EX PARTE MOTION for Order.

(Folan, Karen) (Entered: 11/07/2005)

11/04/2005 ElectronicCierk's Notes for proceedings held before Judge Nathaniel M. Gorton: Court hears motion ex parte Motion Hearing held on 11/4/2005 re 396 MOTION for Order. Court will not grant motion in its current form (Court Reporter Dahlstrom) (Nicewicz, Craig) (Entered: 11/08/2005)

11/07/2005 399 EX PARTE MOTION for approval of Trustee Process attachment and other relief,

I filed by class plaintiffs.(Folan, Karen) (Entered: 11/08/2005)

11/07/2005 400 MEMORANDUM of law in Support re 399 Ex parte MOTION for approval of Trustee Process attachment and other relief filed by class plaintiffs. (Folan, Karen) (Entered: 11/08/2005)

11/07/2005 4U1 AFFIDAVIT of Kathleen Donovan-Maher re 399 EX PARTE MOTION for approval Of Trustee Process attachment and other relief. (Folan, Karen) (Entered: 11/08/2005)

11/07/2005 Judge Nathaniel M. Gorton: ElectronicORDER entered granting 399 EX PARTE Motion for approval of Trustee Process attachment and other relief. (Folan, Karen) (Entered: 11/08/2005)

1 1/07/20O

40 MOTION to Appoint Special Process Server filed by plaintiffs.(Folan, Karen) (Entered: 11/08/2005)

11/07/2005

Judge Nathaniel M. Gorton: ElectronicORDER entered granting 402 Motion to Appoint Special Process Server. (Folan, Karen) (Entered: 11/08/2005)

11/07/2005 403 TRUSTEE WRIT issued. (Folan, Karen) (Entered: 11/08/2005)

11/07/2005 Motions terminated: 396 MOTION for Order. (Folan, Karen) (Entered: 06/12/2006)

11/21/2005 404 TRANSCRIPT of Motion Hearing held on November 4, 2005 before Judge Gorton. Court Reporter: Cheryl Dahlstrom. The original transcripts are maintained in the case file in the Clerk's Office Copies may be obtained by contacting the court reporter at 617/951-4555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/21/2005)

11/28/2005 405 CERTIFICATE OF SERVICE by Emanuel Pinez. (Folan, Karen) (Entered:

1 112/08/2005)

03/07/2008 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee by Sal Latorraca. (Attachments: #1 Text of Proposed Order)(DeValerio, Glen) (Entered: 03/07/2008)

03/07/2008 407 MEMORANDUM in Support re 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee filed by Sal Latorraca. (DeValerio, Glen) (Entered: 03/07/2008)

03/07/2008 408 DECLARATION re 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee, 407 Memorandum in Support of Motion by Sal Latorraca (Attachments # 'Exhibit A to E, #2 Exhibit F to H, #3 Exhibit Ito M, # 4 Exhibit N - O)(DeValerio, Glen) (Entered: 03/07/2008)

03/07/2008 409 CERTIFICATE OF SERVICE by Sal Latorraca re 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process. i nd To Charge Trustee, 407 Memorandum in Support of Motion. 408 Declaration,. (DeValerio Glen) (Entered:

03/07/2008)

03/10/2008

Case Reassigned to Judge Nathaniel M. Gorton. Senior Judge Robert E. Keeton no longer assigned to the case. (Diskes Sheila) (Entered: 03/10/2008)

03/12/200S

411) NOTICE of Appearance by Patrick T. Egan on behalf of All Plaintiffs (Egan, Patrick) (Entered: 03/12/2008)

03/12/2008 14 11 1 CERTIFICATE OF SERVICE by All Plaintiffs re 410 Notice of Appearance. (Egan, Patrick) (Entered: 03/12/2008)

03/12/2008

03/12/20W<

03/25/2008

412 NOTICE of Appearance by Abigail R. Romeo on behalf of All Plaintiffs (Romeo, Abigail) (Enicred: 03/12/2008)

413 CERTIFIC\!I OF SERVICE by All Plaintiffs re 412 Notice of Appearance. (Romeo, Abigail) (Entered: 03/12/2008)

414 NOTICE of Appearance by Christina N. Davilas on behalf of H&R Block Financial Advisors, Inc. (Davilas, Christina) (Entered: 03/25/2008)

03/25/2008 415 CORPORATE DISCLOSURE STATEMENT by H&R Block Financial Advisors, Inc. identifying Corporate Parent H&R Block Group, Inc., Corporate Parent HRB Financial Corporation, Corporate Parent H&R Block Inc., Corporate Parent Block Financial Corporation for H&R Block Financial Advisors, Inc (Davilas, Christina) (Entered: 03/25/2008)

03/25/2008

03/27/200X

03/28/20W<

416 ANSWER of Trustee to Plaintiffs Summons by H&R Block Financial Advisors, Inc.. (Davilas, Christina) (Entered: 03/25/2008)

Remark-Please take notice that all pleadings in this case should now have the correct initials of NMG not REK. (Sonnenberg, Elizabeth) (Entered: 03/27/2008)

417 NOTICE of Appearance by Joseph P. Calandrelli on behalf of Taniki Financial Corporation (Calandrelli, Joseph) (Entered: 03/28/2008)

03/28/200 418 MOTION for Extension of Time to 04/30/2008 to File Response/Reply to Motion to Expand Approval of Trustee Process and to Charge Trustee by Taniki Financial

I Corporation.(Calandrelli, Joseph) (Entered: 03/28/2008)

03/28/2008 419 NOTICE of Appcarancc by Joseph D. Stcinfield on bclialf ofTaniki Financial Corporation (Steinfield Joseph) (Entered: 03/28/2008)

04/28/200S Judge Nathaniel M. Gorton: Electronic ORDER entered granting 418 Motion for Extension of Time to File Response/Reply re 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee Responses

I due by 4/30/2008 (Nicewicz, Craig) (Entered: 04/28/2008)

04/30/2008 420 Opposition re 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee filed by Taniki Financial Corporation. (Attachments # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Calandrelli, Joseph) (Entered 04/30/2008)

05/19/2008 421 MOTION for Leave to File Reply Memorandum in Further Support ofPlaintzjfs' Motion to Expand Approval of Trustee Process; to Charge Trustee and to File Declaration ofPatrickEgan by All Plaintiffs. (Attachments: #1 Reply Memorandum

2 Declaration of Patrick Egan in Support of Reply Memorandum, # 3 Exhibit A to Dcclaration of Patrick EganYDeValerio Glen) (Entered: 05/19/2008)

05/19/200S 422 CERTIFIC VTE OF SERVICE by All Plaintiffs re 421 MOTION for Leave to File Reply Memoram (erni in Further Support ofPlair(i7'fs' Motion to Expand Approval of Trustee Process; to Charge Trustee and to File Declaration ofPatrickEgan. (DeValerio, Glen) (Entered: 05/19/2008)

05/29/2008 423 MOTION to Strike 421 MOTION for Leave to File Reply Memorandum in Further Support ofPlaintiffs'Motion to ExpandApproval of Trustee Process; to Charge Trustee and to File Declaration ofPatrick Egan by Taniki Financial Corporation (Attachments: #1 Affidavit of Peter A. Gelles)(Calandrelli, Joseph) (Entered: 05/29/2008)

06/05/2008 424 Opposition re 423 MOTION to Strike 421 MOTION for Leave to File Reply Memorandum in Further Support ofPlaintiffs 'Motion to Expand Approval of T;estee Process; to Charge Trustee and to File Declaration ofPatrick Egan MOTION to Strike 421 MOTION for Leave to File Reply Memorandum in Further Support of Plaintiffs'Motion to ExpandApproval of Trustee Process; to Charge Trustee and to File Declaration ofPatrickEgan filed by All Plaintiffs. (Egan, Patrick) (Entered: 06/05/2008)

06/05/200 4 DECLARATION re 424 Opposition to Motion, by All Plaintiffs. (Attachments: #1 Exhibit A)(Egan, Patrick) (Entered: 06/05/2008)

06/05/2008 426 CERTIFICATE OF SERVICE by All Plaintiffs re 425 Declaration, 424 Opposition to Motion,. (Egan, Patrick) (Entered: 06/05/2008)

06/09/2008 427 MOTION for Leave to File the Supplemental Affidavit ofPeter A. Gelles in Further Support of Its Motion to Strike the Declaration ofPatrickEgan and Letter Attached as Exhibit A by Taniki Financial Corporation. (Attachments: #1 Exhibit A)(Calandrelli,

I Joseph) (Entered: 06/09/2008)

06/12/200',< ELECTRONIC NOTICE of Hearing on Motion 423 MOTION to Strike 421 MOTION for Leave to File Reply Memorandum in Further Support ofPlaintiffs' Motion to Expand Approval of Trustee Process; to Charge Trustee and to File Declaration ofPatrick Egan MOTION to Strike 421 MOTION for Leave to File Reply Memorandum in Further Support ofPlaintiffs'Motion to ExpandApprovu of Trustee Process; to Charge Trustee and to File Declaration ofPatrick Egan, 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee: Motion Hearing set for 6/26/2008 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig) (Entered: 06/12/2008)

06/12/200',< Judge Nathaniel M. Gorton: Electronic ORDER entered granting 421 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures Counsel must include - Leave to file granted on (date of order)- in the caption of the document, granting 427 Motion for Leave to File, Counsel using the Electronic Case Filing System should now file the document for Which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Nicewicz, Craig) (Entered: 06/12/2008)

06/12/2008

06/12/20W<

06/12/2008

06/13/2008

428 MEMORANDUM in Support re 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee filed by All Plaintiffs. (DeValerio, Glen) (Entered: 06/12/2008)

49 I) I1CLARATION re 428 Memorandum in Support of Motion DEC11 IRA TION OF PATRICK T. EGAZV by All Plaintiffs. ç \itachments: #1 Exhibit A)(DeValerio, Glen) (Entered: 06/12/2008)

430 (_ F.RTIFIC TE OF SERVICE by All Plaintiffs re 429 Declaration, 428 Memorandum in Support of Motion. (DeValcrio Glcn) (Enicred: 06/12/2008)

431 kFFIDAVIT of Peter A. Gelles re 423 MOTION to Strike 421 MOTION for Leave tc File Reply Memorandum in Further Support ofPlaintzjfs'Motion to ExpandApproval of Trustee Process; to Charge Trustee and to File Declaration ofPatrickEgan MOTION to Strike 421 MOTION for Leave to File Reply Memorandum in Further Support ofPlaintzjfs'Motion to ExpandApproval of Trustee Process; to Charge Trustee and to File Declaration ofPatrickEgan (Leave to File Granted on 6112 O)

by Taniki Financial Corporation. (Calandrelli, Joseph) (Entered: 06/13/2008)

06/17/200S CORRECTED ELECTRONIC NOTICE of Hearing on Motion 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee: Motion Hearing set for 7/10/2008 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. The previously set hearing is cancelled. (Nicewicz, Craig) (Entered: 06/17/2008)

06/23/2008 ELECTRONIC NOTICE of Hearing on Motion 406 MOTION for Trustee Process Motion To Expand Approval Of Trustee Process And To Charge Trustee: Motion Hearing reset for 7/9/2008 12:00 PM in Courtroom 4 before Judge Nathaniel M Gorton. Hearing datc of 7/9/2008 is cancclled.(Niccwicz, Craig) (EnLred:

1 06/23/2008)

07/09/200',< Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: taking under advisement 406 Motion for Trustee Process 423 (Court Reporter: Dahlstrom.)(Attorneys present: DeValerio, Romeo, Egan, Steinfield, Calandrelli) (Nicewicz, Craig) (Entered: 07/14/2008)

10/09/200',< 432 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER"In accordance with the foregoing, the plaintiffs' motion to expand approval of trustee process and to charge trustee (Docket No. 406) is ALLOWED. H&R Block, as trustee, is charged in the amount of $665,320 in partial satisfaction of the outstanding judgment against Pinez. The motion to strike Egan's declaration and the Gelles letter attached thereto (Docket No. 423) is DENIED. So ordered."(Sonnciiberg, Elizabcth) (Entered: 10/09/2008)

10/14/2008 E-Mail Notice re originally issued on 10/10/08 returned as undeliverable. Name of Addressee: David A. Brown. The ECF Help Desk has contacted the law firm on record, who advised that the attorney is deceased. The attorneys email address has bcen removed from the database to prevent the return of additional undeliverable email notices. (Hassett, Kathy) (Entered: 10/14/2008)

11/06/200',< 433 NOTICE OF APPEAL as to 432 Memorandum & ORDER,, by Taniki Financial Corporation Filing fee $455, receipt number 01010000000002181150 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the

First Circuit Court of Appeals web site at http://www.cal.uscourts.gov/clerks/transcript.htm MUST be completed and submittcd to the Court of Appeals. Appeal Record due by 11/26/2008. (Calandrelli, Joseph) (Entered: 11/06/2008)

11/13/2008 434 TRANSCRIPT ORDER FORM by Taniki Financial Corporation for proceedings held on 7/9/08 before Judge Gorton, (Calandrelli, Joseph) (Entered: 11/13/2008)

11/19/2008 435 Certified and Transmitted Record on Appeal to US Court of Appeals re 433 Notice of Appcal, Noticc of Appcal No. 433, Mcinorandum No. 432 (Ramos, Jeancttc) (Entered: 11/19/2008)

12/17/200S

12/23/2008

02/09/2009

43u L SCA Case Number 08-2477 for 433 Notice of Appeal, filed by Taniki Financial Corporation. (Ramos, Jeanette) (Entered: 12/17/2008)

TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Cheryl Dahlstrom Transcript order form filed in USC on December 23, 2008. Transcript ordered: 7/9/08 Motion Hcaring due by 2/23/2009. (Scalfani, Deborah) (Entered: 12/24/2008)

437 Transcript of Hearing on Motion to Expand Approval of Trustee Process and to Charge Truster held on July 9, 2008, before Judge Gorton. COA Case No. 08-2477. Court Reporter: Cheryl Dahlstrom at 617/951-4555. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/27/2009. Redacted Transcript Deadline set for 3/9/2009. Release of Transcript Restriction set for 5/7/2009. (Scalfani, Deborah) (Entered: 02/09/2009)

02/09/2009 438 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani,

I Deborah) (Entered: 02/09/2009)

06/09/2009 43) STIPULATION Concerning Obligations Of Trustee by H&R Block Financial Advisors, Inc.. (Davilas, Christina) (Entered: 06/09/2009)

09/02/2009 440 Supplemental Record on Appeal transmitted to US Court of Appeals re 433 Notice of Appeal, Documents included: four boxes of documents (Ramos, Jeanette) (Entered: 09/02/2009)

08/19/2010 441 OPINION of USCA. USCA No. 08-2477. AFFIRMED. Opinion issued in the USC ' 8/18/2010. (Ramos, Jeanette) (Entered: 08/19/2010)

08/19/2010 442 IJSCA Judgment as to 433 Notice of Appeal, filed by Taniki Financial Corporation. This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. Judgment issued in the USCA 8/18/20 10 (Ramos, Jeanette) (Entered: 08/19/2010)

09/13/2010 443 MANDATE of USCA as to 433 Notice of Appeal, filed by Taniki Financial Corporation. Appeal 433 Terminated. Mandate issued in the USCA 9/10/20 10 (Ramos Jeanettc (Enicred: 09/13/2010)

09/15/2010

ppeal Record Returned: 433 Notice of Appeal, (Ramos, Jeanette) (Entered: 09/15/2010)

10/19/2010

444 \krit of Trustee Execution with certificate of service by All Plaintiffs. (Egan, Patrick) Modified text on 10/20/2010 (Duong, Diep). (Entered: 10/19/2010)

06/30/2011 415 MOTION Class Plaintiffs' Motion Authorizing Notice To The Class And Establishing A Deadline For Objections by Sal Latorraca. (Attachments: #1 Exhibit A)(Egan, Patrick) (Entered: 06/30/2011)

06/30/2011 446 MOTION for Attorney Fees -Class Plaintiffs'MotionForAnAward OfAttorneys' ,Fees And Reimbursement OfExpenses In Connection With The Trustee Process

I (tachment- by Sal Latorraca. (Egan, Patrick) (Entered: 06/30/2011)

06/30/2011 447 MEMORANDUM in Support re 446 MOTION for Attorney Fees -Class Plaintiffs' Motion For An Award OfAttorneys' Fees And Reimbursement OfExpenses In Connection IL di The Tiestee Process Attachment- filed by Sal Latorraca. (Egan, Patrick) (Entcred: 06/30/2011)

06/30/2011 44< DECLARATION re 447 Memorandum in Support of Motion, 446 MOTION for Attorney Fees -Class Plaintiffs' Motion For, i ward Of,; ttorneys' Fees And Reimbursement OfExpenses In Connection it u/i 'he Trustee Process Attachment- by Sal Latorraca. (Attachments: #1 Exhibit 1, 2. and 3)(Egan, Patrick) (Entered: 06/30/2011)

06/30/2011 449 AFFIDAVIT in Support re 447 Memorandum in Support of Motion, 446 MOTION for Attorney Fees -Class Plaintiffs 'Motion For An Awai OfAttorneys' Fees And Reimbursement OfExpenses In Connection With The Trustee Process Attachment-, 448 Declaration, -Affidavit ofMichael Rosenbaum In Support ofFees and Expenses

i For Distribution of Settlement Fund-. (Egan, Patrick) (Entered: 06/30/2011)

07/01/2011 ELECTRONIC NOTICE issued requesting courtesy copy for 447 Memorandum in Support of Motion, 446 MOTION for Attorney Fees -Class Plaintiffs 'Motion For An Award OfAttorneys'Fees And Reimbursement OfExpenses In Connection With The Trustee Process Attachment-, 449 Affidavit in Support, 445 MOTION Class Plaintiffs' Motion Authorizing Notice To The Class And Establishing A Deadline For Objections, 448 Declaration Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned b CMJECF. (Patch, Christine) (Entered: 07/01/2011)

07/22/2011

10/12/2011

10/13/2011

450 Judge Nathaniel M. Gorton: ORDER entered granting 445 Motion Authorizing Notice To The Class And Establishing A Deadline For Objections (Duong, Diep) (Entered: 07/25/2011)

151 MOTION for Attorney Fees -CLASSPLAINTIFFS'MOTIONFOR ENTRY OFA]V ORDER A WARDING A TTORZVEYS' FEES AND REIMB URSEMENT OF EXPENSES IN CONNECTION WITH THE TR USTEE PROCESS A TTA CHMENT- by Sal Latorraca. Vttachments: #1 Exhibit A, # Z Exhibit B, 3 Exhibit C, #4 Exhibit D, # 5 Exhibit FYDe\Talcrio (i1cif (Enicred: 10/12/2011)

ELECTRONIC NOlILL issLLd requesting courtesy cops for 451 MOTION for Attorney Fees -CL ISS PLAINTIFFS'MO TION FOR ENTRY OFAN ORDER

AWARDING A TTORZVEYS' FEES A]VD REIMBURSEMENT OF EXPENSES IN CONNECTION WITH THE TRUSTEE PROCESSATTACHMENT-. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CMJECF. (Patch, Christine) (Entered: 10/13/2011)

11/22/2011 452 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing, plaintiffs motion for an Award of Attorneys Fees and Reimbursement of Expenses (Docket No 446) is ALLOWED, in part, and DENIED, in part. Class Counsel is awarded $151,200 for attorneys fees and $15,515 for expenses. Claims Administrator Berdon LLP is awarded $30,000 for its services. So

I ordered. "(Moore, Kellyann) (Entered: 11/23/2011)

12/09/2011 453 MOTION for Clarification re 452 Memorandum & ORDER, -CLASS PLAINTIFFS' MOTION FOR CLARIFICATION REGARDING MEMORANDUM & ORDER, DOCKET #452 A WARDING REIMBURSEMENT OF EXPENSES IN CONNECTION WITH THE TRUSTEE PROCESSATTACHMENT- by Sal Latorraca.(Egan, Patrick) (Entered: 12/09/2011)

12/12/2011 454 Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 453 Motion for Clarification re 452 Mcinorandum & Order (Moorc Kellyann) (Enicred: 12/14/2011)

05/14/2012 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered finding as moot 451 Motion for Attorney Fees, in light of the issuance of the Memorandum and Order on 11/22/2011 (Document No. 452). (Patch, Christine) (Entered: 05/14/2012)

07/09/2012 455 ANSWER of Trustee to Writ andAssented-To Request for Discharge by H&R Block Financial Advisors, Inc.. (Davilas, Christina) (Entered: 07/09/2012)

08/28/2012 456 Proposed Document(s) submitted on behalf of Trustee Process Defendant, H&R Block Financial Advisors Inc. Document received: Proposed Order corresponding to Docket Entry 455. (Davilas, Christina) Modified docket text on 8/28/2012 (Moore, Kellyann). (Entered: 08/28/2012)

09/12/2012 457 Judge Nathaniel M. Gorton: ENDORSED ORDER entered re 455 ANSWER of Trustee to Writ and Assented-To Request for Discharge filed by H&R Block Financial Advisors, Inc. (Moore, Kellyann) (Entered: 09/14/2012)

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