United States District Court Eastern District of Pennsylvania...

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US District Court Civil Docket as of 03/25/2004 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:98-cv-05374-NS NEHME, et al v. EQUIMED, INC., et al Assigned to: JUDGE NORMA L. SHAPIRO Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/09/1998 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question IN RE: IN RE EQUIMED, INC. SECURITIES LITIGATION Plaintiff DAVID NEHME TERMINATED: 12/23/1998 represented by DAVID NEHME PRO SE BERNARD M. GROSS BERNARD M. GROSS, PC 1515 LOCUST ST., 2ND FL. PHILADELPHIA, PA 19102 215-561-3600 Fax: 215-561-3000 Email: [email protected] TERMINATED: 10/31/2004 LEAD ATTORNEY CHRISTOPHER REYNA LAW OFFICES BERNARD A. GROSS PC 1515 LOCUST ST 2ND FL PHILA, PA 19102 215-561-3600 TERMINATED: 12/23/1998 LEAD ATTORNEY DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC 1515 LOCUST ST., 2ND FL PHILADELPHIA, PA 19102 215-561-3600

Transcript of United States District Court Eastern District of Pennsylvania...

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US District Court Civil Docket as of 03/25/2004

United States District Court Eastern District of Pennsylvania

(Philadelphia) CIVIL DOCKET FOR CASE #: 2:98-cv-05374-NS

NEHME, et al v. EQUIMED, INC., et al Assigned to: JUDGE NORMA L. SHAPIRO Demand: $0 Cause: 15:78m(a) Securities Exchange Act

Date Filed: 10/09/1998 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

IN RE:IN RE EQUIMED, INC. SECURITIES LITIGATION PlaintiffDAVID NEHME TERMINATED: 12/23/1998

represented by DAVID NEHME PRO SE BERNARD M. GROSS BERNARD M. GROSS, PC 1515 LOCUST ST., 2ND FL. PHILADELPHIA, PA 19102 215-561-3600 Fax: 215-561-3000 Email: [email protected] TERMINATED: 10/31/2004 LEAD ATTORNEY CHRISTOPHER REYNA LAW OFFICES BERNARD A. GROSS PC 1515 LOCUST ST 2ND FL PHILA, PA 19102 215-561-3600 TERMINATED: 12/23/1998 LEAD ATTORNEY DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC 1515 LOCUST ST., 2ND FL PHILADELPHIA, PA 19102 215-561-3600

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Fax: 215-561-3000 Email: [email protected] TERMINATED: 12/23/1998 LEAD ATTORNEY LEE SQUITIERI ABBEY & ELLIS 212 E. 39TH ST. NEW YORK, NY 10016 TEL 212-889-3700 TERMINATED: 12/23/1998 LEAD ATTORNEY

Plaintiff

THOMAS JEWETT ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED

represented by BERNARD M. GROSS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED DEBORAH R. GROSS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED EDWIN J. MILLS STULL, STULL & BRODY 6 EAST 45TH STREET NEW YORK, NY 10017-2414 212-687-7230 Fax: 212-490-2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED LEE SQUITIERI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

EQUIMED, INC. represented by CHRISTOPHER REYNA (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW WOLF, BLOCK, SCHORR AND SOLIS-COHEN LLP 1650 ARCH STREET PHILADELPHIA, PA 19103-2097 215-977-2058 Fax: 215-405-2958 Email: [email protected] TERMINATED: 10/31/2000 LEAD ATTORNEY JOEL M. SWEET U.S. ATTORNEY'S OFFICE 615 CHESTNUT STREET SUITE 1250 PHILADELPHIA, PA 19106 215-861-8581 Fax: 215-861-8349 Email: [email protected] TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY

Defendant

M.D. DANIEL R. COLKITT represented by CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001

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LEAD ATTORNEY

Defendant

M.D. JEROME DERDEL represented by JEROME DERDEL 2657 SLEEPY HOLLOW DRIVE STATE COLLEGE, PA 16803 PRO SE CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED GAY BARLOW PARKS RAINVILLE PEPPER HAMILTON LLP 3000 TWO LOGAN SQUARE 18TH & ARCH STREETS PHILADELPHIA, PA 19103 TEL 215-981-4000 Fax: FAX 215-981-4750 LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY PETER KONOLIGE THE WOODS THE WOODS, STE. 618 983 OLD EAGLE SCHOOL ROAD WAYNE, PA 19087 724-463-3570 TERMINATED: 12/31/2001 LEAD ATTORNEY PHILIP H. LEBOWITZ PEPPER, HAMILTON & SCHEETZ

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18TH & ARCH STS. 3000 TWO LOGAN SQUARE PHILA, PA 19103-2799 TEL 215-981-4432 Fax: FAX 215-981-4750 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

RAYMOND J. CARAVAN represented by CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY PETER KONOLIGE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

DANIEL BECKETT TERMINATED: 10/20/1998

represented by DANIEL BECKETT 137 KINGS WAY ROYAL PALM BEACH, FL 33411 PRO SE PETER KONOLIGE (See above for address) TERMINATED: 10/31/2004 LEAD ATTORNEY

Defendant

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LARRY W. PEARSON represented by CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY PETER KONOLIGE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

GENE E. BURLESON represented by GENE E. BURLESON 320 ARGONNE DRIVE, N.W. ATLANTA, GA 30305 PRO SE A. RICHARD FELDMAN BAZELON LESS & FELDMAN PC 1515 MARKET ST 7TH FL PHILADELPHIA, PA 19102 215-568-1155 Fax: 215-568-9319 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW (See above for address) TERMINATED: 02/27/2001

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LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY JOHN M. GROSS POWELL GOLDSTEIN FRAZER & MURPHY LLP 191 PEACHTREE ST., 16TH FL ATLANTA, GA 30303 TEL 404-572-4511 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

BRIAN C. SMITH represented by CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED DAVID J. PERLMAN BOCHETTO & LENTZ, P.C. 1524 LOCUST ST. PHILADELPHIA, PA 19102 215-735-3900 LEAD ATTORNEY ATTORNEY TO BE NOTICED GEORGE BOCHETTO BOCHETTO & LENTZ PC 1524 LOCUST ST PHILADELPHIA, PA 19102 215-735-3900 Fax: 215-735-2455 LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY

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JOEL M. SWEET (See above for address) TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY

V.

Movant

RAYMOND J. CARAVAN, JR. represented by RAYMOND J. CARAVAN, JR. 627 W. HILLSIDE AVENUE STATE COLLEGE, PA 16803 PRO SE PETER KONOLIGE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

M.D. DOUGLAS R. COLKITT represented by DOUGLAS R. COLKITT 9230 BLIND PASS ROAD SARASOTA, FL 34242 PRO SE CHRISTOPHER REYNA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JAY A. DUBOW (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 11/08/2000 LEAD ATTORNEY JOEL M. SWEET (See above for address) TERMINATED: 02/27/2001 LEAD ATTORNEY

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PETER KONOLIGE (See above for address) TERMINATED: 11/30/2001 LEAD ATTORNEY PHILIP H. LEBOWITZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

10/09/1998 1 Complaint. filing fee $150 receipt #680395 (tj) (Entered: 10/09/1998)

10/09/1998 Summons(es) issued Forwarded: 8 originals to counsel 10/9/98. (tj) (Entered: 10/09/1998)

10/09/1998 Demand for jury trial by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT. (tj) (Entered: 10/09/1998)

10/09/1998 Special Case Management Track. (tj) (Entered: 10/09/1998)

10/20/1998 2 Amended complaint by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT, amending [1-1] complaint against DOUGLAS R. COLKITT (ph) (Entered: 10/20/1998)

10/20/1998 Summons(es) issued on amended complaint Forwarded to: C. Reyna, Esq. 10/20/98 (ph) (Entered: 10/20/1998)

11/05/1998 3 MOTION by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT FOR LEE SQUITIERI TO APPEAR PRO HAC VICE (ph) (Entered: 11/05/1998)

11/25/1998 4 ORDER GRANTING PLAINTIFF'S MOTION FOR LEE SQUITIERI TO APPEAR PRO HAC VICE (Attorney: LEE SQUITIERI) ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 11/27/98 ENTERED AND COPIES MAILED (ph) (Entered: 11/27/1998)

12/08/1998 5 PRETRIAL ORDER NO. 1 SET PRETRIAL CONFERENCE FOR 9:30 12/23/98 IN COURTROOM 10-A; ALL OUTSTANDING DISCOVERY PROCEEDINGS ARE STAYED AND NO FURTHER DISCOVERY SHALL BE INITIATED ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/9/98 ENTERED AND COPIES MAILED AND FAXED 12/8/98. (ph) (Entered: 12/09/1998)

12/08/1998 ORDER THAT THE INITIAL PRETRIAL CONFERENCE WILL BE HELD WHEN DEFENSE COUNSEL HAS ENTERED AN APPEARANCE OR WITHIN 30 DAYS AFTER THE FILING OF THE COMPLAINT ETC; TIME AND EXPENSE RECORDS SHALL BE FILED UNDER SEAL ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/9/98 ENTERED AND COPIES MAILED AND FAXED 12/8/98. (SEE PAPER # 5) (ph) (Entered: 12/09/1998)

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12/08/1998 Certain documents governed by Protective Order. (ph) (Entered: 12/09/1998)

12/08/1998 STIPULATION AND ORDER THAT 98-5374, 98-5496 AND 98-5674 ARE CONSOLIDATED FOR ALL PURPOSES PURSUANT TO RULE 42(a) OF THE FRCP; THE CLERK SHOULD MAINTAIN A MASTER DOCKET AND MASTER FILED UNDER THE CAPTION "IN RE EQUIMED, INC. SECURITIES LITIGATION" MASTER FILE 98-5374, ALL ORDERS, PLEADINGS, MOTIONS AND OTHER DOCUMENTS SHOULD, WHEN FILED AND DOCKETED IN THE MASTER FILE, BE DEEMED FILED AND DOCKETED IN EACH INDIVIDUAL CASE TO THE EXTENT APPLICABLE, WHEN AN ORDER, PLEADINGS, MOTION OR DOCUMENTS IS FILED WITH A CAPTION INDICATING THAT IT IS APPLICABLE TO FEWER THAN ALL OF THESE CONSOLIDATED ACTIONS, THE CLERK SHOULD FILE SUCH PLEADING IN THE MASTER FILE AND NOTE SUCH FILING IN THE MASTER DOCKET AND IN THE DOCKET OF EACH ACTION REFERENCED ETC; WHEN A PLEADING INTENDED TO APPLY TO ALL ACTIONS, THE WORDS "ALL ACTIONS" SHOULD BE INSERTED IN THE CAPTION, WHEN A PLEADING IS INTENDED TO APPLY TO FEWER THAN ALL ACTIONS, THE DOCKET NUMBER FOR EACH INDIVIDUAL ACTION AND THE LAST NAME OF THE FIRST NAMED PLAINTIFF SHOULD BE INSERTED IN THE CAPTION ETC; ALL MOTIONS SEEKING THE APPOINTMENT OF LEAD PLAINTIFF(S) SHALL BE FILED BY 12/11/98; PLAINTIFFS' CONSOLIDATED COMPLAINT SHALL BE FILED 30 DAYS AFTER THE APPOINTMENT OF LEAD PLAINTIFF; DEFENDANTS SHALL FILE THEIR RESPONSIVE PLEADING WITHIN 30 DAYS AFTER SERVICE OF THE CONSOLIDATED COMPLAINT ETC; ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/9/98 ENTERED AND COPIES MAILED (ph) Modified on 12/09/1998 (Entered: 12/09/1998)

12/08/1998 Consolidated Lead Case (ph) (Entered: 12/09/1998)

12/11/1998 6 MOTION by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT TO APPOINT LEAD PLAINTIFFS AND APPROVAL OF CO LEAD COUNSEL AND LIAISON COUNSEL , MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE. (ph) (Entered: 12/14/1998)

12/16/1998 7 Appearance of for DEFENDANT EQUIMED, INC., DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT DANIEL BECKETT, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT , Certificate of Service. (ph) (Entered: 12/17/1998)

12/17/1998 8 ORDER THAT THE CONFERENCE SCHEDULED BY ORDER OF 12/7/98 IS CONTINUED RESET PRETRIAL CONFERENCE FOR 2:00 1/13/99 ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/18/98 ENTERED AND COPIES MAILED AND FAXED. (ph) (Entered: 12/18/1998)

12/23/1998 9 MOTION by PLAINTIFF DAVID NEHME FOR VOLUNTARY WITHDRAWAL OF PROPOSED LEAD PLAINTIFF ,and VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41 (a)(1) , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 12/24/1998)

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12/23/1998 10 Notice of voluntary dismissal by PLAINTIFF DAVID NEHME (jl) (Entered: 12/24/1998)

01/06/1999 11 Response by DEFENDANT EQUIMED, INC., DEFENDANT DANIEL R. COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT to [9-2] MOTION VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41 (a)(1), Memorandum , Certificate of Service. (ph) (Entered: 01/07/1999)

01/19/1999 12 ORDER GRANTING DAVID NEHME'S MOTION FOR VOLUNTARY WITHDRAWAL OF PROPOSED LEAD PLAINTIFF, SET HEARING ON A RULE TO SHOW CAUSE FOR 4:00 2/2/99 ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/20/99 ENTERED AND COPIES FAXED 1/19/99. (ph) (Entered: 01/20/1999)

01/20/1999 13 Transcript of 1/13/99 hearing. (jl) (Entered: 01/20/1999)

01/20/1999 14 Reply by PLAINTIFF DAVID NEHME to DEFENDANTS' response in opposition to MOTION FOR DISMISSAL WITHOUT PREJUDICE, certificate of service. (ky) (Entered: 01/21/1999)

01/22/1999 15 PRETRIAL ORDER NO. 4 SCHEDULING ORDER THAT PLFFS' CONSOLIDATED COMPLAINT SHALL BE FILED ON 2/19/99. THE FIRST STATUS CONFERENCE WILL BE HELD ON 4/19/99 AT 4:30PM IN COURTROOM 10-A. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/25/99 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 01/25/1999)

01/22/1999 16 PRETRIAL ORDER NO. 5 GRANTING IN PART, DENYING IN PART PLFFS' MOTION TO APPOINT LEAD PLAINTIFFS AND APPROVAL OF CO LEAD COUNSEL AND LIAISON COUNSEL. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 01/25/1999)

01/22/1999 17 PRETRIAL ORDER NO. 6 THAT THE CLERK SHALL SERVE COPIES OF ALL ORDERS FILED UNDER THE ABOVE CAPION ONLY TO JULES BRODY, ESQ. AND GROSS, ESQ. AS COUNSEL FOR THE PROPOSED CLASS. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/25/99 ENTERED AND COPIES MAILED AND FAXED. (gn) Modified on 01/25/1999 (Entered: 01/25/1999)

01/22/1999 18 PRETRIAL ORDER NO. 7 THAT PARTIES MAY SUBMIT BRIEFS ON 1/29/99. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/25/99 ENTERED AND COPIES MAILED AND FAXED. (gn) Modified on 01/25/1999 (Entered: 01/25/1999)

01/28/1999 19 MOTION by PLAINTIFF THOMAS JEWETT FOR ADMISSION PRO HAC VICE OF EDWIN J. MILLS , CERTIFICATE OF SERVICE. (np) (Entered: 01/28/1999)

01/28/1999 20 Affidavit of Dr. Nehme, Certificate of service (ph) (Entered: 01/28/1999)

01/29/1999 21 Memorandum by DEFENDANT EQUIMED, INC., DEFENDANT DANIEL R.

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COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT in support of February 2, 1999 Rule to Show Cause Hearing, Certificate of Service. (np) (Entered: 02/01/1999)

02/03/1999 22 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF EDWIN J. MILLS (Attorney: EDWIN J. MILLS) ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 2/3/99 ENTERED AND COPIES MAILED AND FAXED. (ph) (Entered: 02/03/1999)

02/08/1999 23 Transcript for Hearing held February 2, 1999. (np) (Entered: 02/08/1999)

02/09/1999 24 PRETRIAL ORDER NO. 8 - THAT THE RULE TO SHOW CAUSE IS VACATED; DR NEHME'S MOTION FOR VOLUNTARY DISMISSAL OF HIS CLAIMS IS CONTINUED UNDER ADMISEMENT AT LEAST UNTIL DEFENDANTS HAVE FILED ANSWERS TO THE COMPLAINTS IN THE PA. AND FL ACTIONS; DR NEHME AGREES TO STAY DISCOVERY IN THE FLORIDA ACTION AGAINST DEFENDANTS IN THE PA ACTION UNTIL DEFENDANTS HAVE FILED ANSWERS IN BOTH ACTIONS; DEFENDANTS SHALL SERVE COURTESY COPIES OF DISCOVERY REQUESTS IN THE PA ACTION ON COUNSEL FOR DR. NEHME ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 2/10/99 ENTERED AND COPIES MAILED AND FAXED 2/9/99. (ph) (Entered: 02/10/1999)

02/22/1999 25 Consolidated Amended complaint , Certificate of Service. (ph) (Entered: 02/22/1999)

02/26/1999 26 Monthly time and expense report of PLAINTIFF THOMAS JEWETT pursuant to Pretrial Order No. 5 (ph) (Entered: 02/26/1999)

02/26/1999 27 Certification of lead Counsel re: review of time and expense records (ph) (Entered: 02/26/1999)

03/22/1999 28 MOTION by DEFENDANT EQUIMED, INC., DEFENDANT DANIEL R. COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT DANIEL BECKETT, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE, APPENDIX TO MEMORANDUM. (mrs) (Entered: 03/23/1999)

03/30/1999 29 Certificate of lead counsel (No. 2) filed under seal pursuant to paragraph 10 of pretrial order no. 5 (ph) (Entered: 03/30/1999)

04/21/1999 30 Memorandum by PLAINTIFF THOMAS JEWETT in opposition to MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT , Certificate of Service. (ph) (Entered: 04/21/1999)

04/30/1999 31 Certification of lead counsel (No. 3) (SEALED) (ph) (Entered: 04/30/1999)

05/07/1999 32 Submission of supplemental legal authority by PLAINTIFF THOMAS JEWETT in opposition to MOTION TO DISMISS , Certificate of Service. (ph) (Entered:

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05/07/1999)

05/14/1999 33 ORDER THAT ORAL ARGUMENT ON ALL OUTSTANDING MOTIONS WILL BE HELD ON MAY 28, 1999 AT 10:00AM IN COURTROOM 10-A. (SIGNED BY JUDGE NORMA L. SHAPIRO) 5/14/99 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 05/14/1999)

05/28/1999 34 Certificate of lead counsel (NO. 4) (SEALED) (ph) (Entered: 06/01/1999)

06/01/1999 35 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS, IT IS ORDERED THAT PARTIES MAY FILE SUPPLEMENTAL BRIEFS ADDRESSING RECENT CASE LAW ON OR BEFORE 6/10/99 ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 6/2/99 ENTERED AND COPIES MAILED AND FAXED 6/1/99. (ph) (Entered: 06/02/1999)

06/10/1999 36 Supplemental Brief by PLAINTIFF THOMAS JEWETT addressing recent case law, Certificate of Service. (ph) (Entered: 06/10/1999)

06/10/1999 37 Supplemental Memorandum by DEFENDANT DANIEL R. COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT in support of MOTION TO DISMISS , Certificate of Service. (ph) (Entered: 06/10/1999)

07/01/1999 38 Notice of change of address by JAY A. DUBOW, Certificate of service (ph) (Entered: 07/02/1999)

07/08/1999 39 Certificate of lead Counsel (No.5) (SEALED) (ph) Modified on 07/08/1999 (Entered: 07/08/1999)

07/28/1999 40 Certificate of lead counsel (No. 6) (SEALED) (ph) (Entered: 07/28/1999)

08/30/1999 41 Certificate of lead counsel (No. 7), Certificate of service (Sealed) (ph) (Entered: 08/30/1999)

09/27/1999 42 Certificate of lead counsel (No. 8) (SEALED) (ph) (Entered: 09/27/1999)

11/02/1999 43 Certification of Lead Counsel (No.9), certificate of service. (FILED UNDER SEAL). (fb) (Entered: 11/03/1999)

12/01/1999 44 Certification of lead Counsel (No. 10): filed under seal pursuant to the Court's pretrial order NO. 5 (SEALED) (ph) (Entered: 12/02/1999)

12/30/1999 45 Certification of Counsel: Certificate of lead counsel (No. 11) pursuant to Court's pretrial order no. 5 (SEALED) (ph) (Entered: 12/30/1999)

01/27/2000 46 Certification of lead counsel (No. 12) filed under seal pursuant to the Court's pretrial order No. 5 (SEALED) (ph) (Entered: 01/27/2000)

03/09/2000 47 Certification of lead counsel (No. 13) (SEALED) (ph) (Entered: 03/10/2000)

03/14/2000 48 Suggestion of Bankruptcy by DEFENDANT EQUIMED, INC., Certificate of Service. (fdc) (Entered: 03/15/2000)

04/04/2000 49 Certificate of Lead Counsel (No. 14). (UNDER SEAL) (gn) (Entered: 04/05/2000)

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05/03/2000 50 Certification of Lead Counsel (No. 15), Filed Under Seal Pursuant to the Court's Pretrial Order No. 5) (ldb) (Entered: 05/03/2000)

05/09/2000 51 MEMORANDUM AND PRETRIAL ORDER NO. 11 THAT PLAINTIFFS' CLAIMS AGAINST EQUIMED, INC. ARE SEVERED AND STAYED PENDING DISPOSITION OF THE BANKRUPTCY; GRANTING IN PART, DENYING IN PART DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT; REVISED CONSOLIDATED AMENDED CLASS ACTION COMPLAINT SHALL BE FILED 5/30/00 , ALL DEFENDANTS OTHER THAN EQUIMED, INC. SHALL FILE AN ANSWER TO THE REVISED CONSOLIDATED AMENDED CLASS ACTION COMPLAINT BY 6/19/00 , A STATUS AND DISCOVERY CONFERENCE WILL BE HELD 9:30 6/22/00 (SIGNED BY JUDGE NORMA L. SHAPIRO) 5/10/00 ENTERED and COPIES MAILED. (ldb) Modified on 05/10/2000 (Entered: 05/09/2000)

05/30/2000 52 Revised Consolidated Amended Class Action Complaint , Certificate of Service. (ldb) Modified on 05/31/2000 (Entered: 05/30/2000)

06/05/2000 53 Certificate of Lead Counsel (NO. 16) (FILED UNDER SEAL) (ldb) (Entered: 06/06/2000)

06/08/2000 54 MOTION by HERBARD LIMITED TO CERTIFY CLASS ACTION , MEMORANDUM, , CERTIFICATE OF SERVICE. (ldb) (Entered: 06/08/2000)

06/19/2000 55 Answer by DOUGLAS R. COLKITT, BRIAN C. SMITH, GENE E. BURLESON, LARRY W. PEARSON, DANIEL BECKETT, RAYMOND J. CARAVAN, JEROME DERDEL to amended complaint , Affirmative Defenses, Certificate of Service. (ldb) (Entered: 06/20/2000)

06/23/2000 56 ORDER THAT PLAINTIFFS SHALL RESPOND TO DEFENDANTS' DOCUMENT REQUESTS AND INTERROGATORIES RELEVANT TO CLASS CERTIFICATION, AND PRODUCE DOCUMENTS RESPONSIVE TO DEFENDANTS' DOCUMENT REQUESTS, ON OR BEFORE 7/24/00. DEFENDANTS MAY DEPOSE THE CLASS REPRESENTATIVE ON MATTERS RELEVANT TO CLASS CERTIFICATION ON OR BEFORE 7/31/00. DEFENDANTS SHALL COMPLETE CLASS DISCOVERY AND FILE AND SERVE A RESPONSE TO THE MOTION FOR CLASS CERTIFICATION ON OR BEFORE 8/30/00. PLAINTIFFS MAY FILE AND SERVE A REPLY TO DEFENDANTS' RESPONSE TO THE MOTION FOR CLASS CERTIFICATION ON OR BEFORE 9/13/00. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 6/23/00 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 06/23/2000)

06/23/2000 57 ORDER THAT: PLFF DAVID NEHME'S MOTION FOR VOLUNTARY DISMISSAL IS GRANTED. DAVID NEHME IS DISMISSED AS A PARTY PLFF. (SIGNED BY JUDGE NORMA L. SHAPIRO) 6/23/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (fb) (Entered: 06/23/2000)

07/05/2000 58 Certificate of Lead Counsel (No. 17) Edwin J. Mills re: reviewed the Time and Expense reports of plaintiffs' counsel for the Month of May, 2000, Certificate of Service. (ldb) Modified on 07/06/2000 (Entered: 07/06/2000)

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07/05/2000 59 Time and Expense Reports of plaintiffs' counsel for the Month of May, 2000. (Filed under Seal) (td) (Entered: 07/06/2000)

07/06/2000 60 Transcript for Hearing held on 6/22/00 before Shapiro, J. (ldb) (Entered: 07/06/2000)

07/28/2000 61 Certificate of Lead Counsel (No. 18). (Filed under seal) (md) (Entered: 07/31/2000)

08/18/2000 62 Certificate by PLFFS' Lead Counsel EDWIN J. MILLS, ESQ., (No. 19), Certificate of Service. (Filed under seal) (md) Modified on 08/21/2000 (Entered: 08/21/2000)

08/25/2000 63 STIPULATION AND ORDER THAT DEFTS' RESPONSE TO PLFFS' MOTION FOR CLASS CERTIFICATION SHALL BE FILED ON OR BEFORE 9/29/00 & THAT PLFFS' REPLY TO DEFTS' RESPONSE SHALL BE FILED ON OR BEFORE 10/20/00 . ( SIGNED BY MAGISTRATE JUDGE M. F. ANGELL ) 8/28/00 ENTERED AND COPIES MAILED AND FAXED ON 8/25/00. (kw) (Entered: 08/28/2000)

09/27/2000 64 MOTION by WOLF, BLOCK, SCHORR AND SOLIS-COHEN LLP FOR LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF EQUIMED, INC. , CERTIFICATE OF SERVICE. (ldb) (Entered: 09/27/2000)

09/28/2000 65 PRETRIAL ORDER NO. 14,THAT PLAINTIFFS SHALL PRODUCE THOMAS HUSER, ESQ. FOR DEPOSITION ON OCTOBER 3, 2000; RESPONSE TO MOTION reset to 10/17/00 for MOTION TO CERTIFY CLASS ACTION , set STATUS CONFERENCE FOR 9:30 10/27/00 ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 9/29/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS on 9/28/00. (ldb) Modified on 09/29/2000 (Entered: 09/29/2000)

09/28/2000 66 Monthly Time and Expense Reports of PLAINTIFFS' counsel, Certificate of Counsel, Certificate of Service. (FILED UNDER SEAL) (ldb) (Entered: 09/29/2000)

10/17/2000 67 DEFENDANTS' Response to Lead Plff's MOTION FOR CLASS CERTIFICATION , Certificate of Service. (aa) (Entered: 10/18/2000)

10/31/2000 68 Certification of Lead Counsel (No. 21) (FILED UNDER SEAL) (dt) (Entered: 10/31/2000)

10/31/2000 69 ORDER THAT: THE MOTION OF WOLF, BLOCK, SCHORR AND SOLIS-COHEN LLP FOR LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF EQUIMED, INC. IS GRANTED. LEAD PLFF'S MOTION FOR CLASS CERTIFICATION IS GRANTED. A STATUS CONFERENCE SHALL BE HELD ON 11/29/00, AT 2:00 P.M. . DISCOVERY COMPLETED BY 1/31/01; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 4/12/01; DEFENDANT'S PRETRIAL MEMORANDUM DUE 4/26/01; A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 5/29/01 , ETC.. (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/1/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/30/00. (fb) (Entered: 11/01/2000)

10/31/2000 70 ORDER THAT THE MOTION OF WOLF, BLOCK, SCHORR AND SOLIS-COHEN'S LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF EQUIMED, INC. IS GRANTED, ETC.. (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/1/00 ENTERED AND COPIES MAILED AND FAXED BY

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CHAMBERS. (fb) (Entered: 11/01/2000)

10/31/2000 71 Withdrawal of appearance by JAY A. DUBOW, ESQ. for DEFENDANT EQUIMED, INC., Certificate of Service. (kw) (Entered: 11/01/2000)

11/09/2000 72 ORDER THAT THE FINAL PRETRIAL CONFERENCE WILL BE HELD AT 2:00 PM ON 5/29/01 ; ALL OTHER PROVISIONS OF THIS COURT'S ORDER OF 10/30/00, REMAIN UNCHANGED (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/13/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 11/09/00. (np) (Entered: 11/13/2000)

11/16/2000 73 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 1) , Certificate of Service (ldb) (Entered: 11/16/2000)

11/30/2000 74 ORDER THAT DEFENDANT PEARSON SHALL BE PRODUCED FOR DEPOSITION ON OR BEFORE 1/31/01 OR HE WILL BE PRECLUDED FROM TESTIMONY AT TRIAL. DEFENDANTS DERDEL, CARAVAN, BECKETT, PEARSON AND COLKITT SHALL BE DEPOSED IN PHILADELPHIA, PA. DEFENDANTS SMITH AND BURLESON SHALL BE DEPOSED TELEPHONICALLY OR VIA VIDEOCONFERENCE. PARAGRAPH 7 OF THIS COURT'S OCTOBER 30, 2000, ORDER IS AMENDED AS FOLLOWS: ALL DEPOSITIONS OF THE INDIVIDUAL DEFENDANTS SHALL BE CONDUCTED ON OR BEFORE 1/31/01. ALL OTHER PROVISIONS OF THAT ORDER REMAIN IN FULL FORCE. A STATUS CONFERENCE SHALL BE HELD ON 2/1/01 AT 9:30 A.M. (SIGNED BY JUDGE NORMA L. SHAPIRO) 12/1/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 11/30/00. (fh) (Entered: 12/01/2000)

11/30/2000 75 STIPULATED PROTECTIVE ORDER RE: DISCOVERY. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/1/00 ENTERED AND COPIES MAILED. (md) (Entered: 12/01/2000)

11/30/2000 Certain documents governed by Protective Order. (md) (Entered: 12/01/2000)

11/30/2000 76 Minute entry: 11/29/00 - Status hearing (ph) (Entered: 12/01/2000)

12/01/2000 77 Transcript for class certification hearing and status conference on 10/27/00 before Shapiro, J. (ldb) (Entered: 12/04/2000)

12/04/2000 78 Certificate of lead counsel (No. 22), Certificate of Service. (Filed under seal) (md) (Entered: 12/04/2000)

12/07/2000 79 Transcript for Hearing held 11/29/00. (td) (Entered: 12/08/2000)

12/19/2000 80 Monthly Written Report concerning Bankruptcy Proceedings filed by lead counsel for lead plff and the class (Report No.2), Certificate of Service. (gn) (Entered: 12/19/2000)

01/02/2001 81 Certificate of Lead Counsel (No. 23) (FILED UNDER SEAL) (dt) (Entered: 01/02/2001)

01/02/2001 82 Petition of Wolf Block, counsel for DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON,

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DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL for Leave to Withdraw Pursuant to Local Rule 5.1, Memorandum, Certificate of Service. (rp) (Entered: 01/03/2001)

01/02/2001 83 MOTION BY DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL FOR A STAY OF PROCEEDINGS , MEMORANDUM, CERTIFICATE OF SERVICE. (rp) (Entered: 01/03/2001)

01/05/2001 84 PRETRIAL ORDER NO. 19 THAT WOLF BLOCK'S PETITION FOR LEAVE TO WITHDRAW WILL BE GRANTED ON 2/1/01. ALL INDIVIDUALS WHO CONSENT MUST HAVE THE APPEARANCE OF SUBSTITUTE COUNSEL ENTERED ON 1/31/01 OR APPEAR PRO SE. A STATUS CONFERENCE SHALL BE HELD ON 2/1/01 AT 9:30AM. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/5/01 ENTERED AND COPIES MAILED AND FAXED. (gn) Modified on 01/05/2001 (Entered: 01/05/2001)

01/17/2001 85 ORDER THAT WOLF BLOCK'S PETITION FOR LEAVE TO WITHDRAW WILL BE GRANTED ON 2/1/01, PROVIDED THE INDIVIDUAL DEFENDANTS SUBMIT WRITTEN CONSENTS OR TESTIMONY ON 2/1/01. ALL INDIVIDUALS WHO CONSENT MUST HAVE THE APPEARANCE OF SUBSTITUTE COUNSEL ENTERED BY 1/31/01 OR APPEAR PRO SE. A STATUS CONFERENCE SHALL BE HELD ON 2/1/01 AT 9:30 AM. ALL PROCEEDINGS ARE STAYED UNTIL 2/1/01. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/18/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 01/18/2001)

01/18/2001 86 Monthly Written Report concerning bankruptcy proceedings filed by lead counsel for lead plaintiff and the class (Report No. 3), Certificate of Service. (fdc) (Entered: 01/18/2001)

01/29/2001 87 PRETRIAL ORDER NO. 20 THAT THE AGENDA FOR THE STATUS CONFERENCE SET FOR 2/1/01 AT 9:30 A.M. IS AMENDED AS OUTLINED IN THIS ORDER. (SIGNED BY JUDGE NORMA L. SHAPIRO), 1/30/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/29/01. (rp) (Entered: 01/30/2001)

02/01/2001 88 Certification of Lead Counsel No. 24. (FILED UNDER SEAL). (rp) Modified on 02/01/2001 (Entered: 02/01/2001)

02/01/2001 89 Minute entry dated 2/1/01 re: Status Hearing. Court rules that case is stayed for 90 days pending decision of the bankruptcy matter in Maryland. (rp) (Entered: 02/01/2001)

02/01/2001 90 PRETRIAL ORDER NO. 21 THAT WOLF BLOCK'S MOTION TO WITHDRAW AS COUNSEL FOR THE INDIVIDUAL DEFTS. WILL BE GRANTED WITHOUT THEIR CLIENTS' CONSENT ON 2/15/01 AS TO ALL CLIENTS WITH WHOM IT HAS NOT THEN ENTERED INTO A FEE AGREEMENT. THIS ACTION WILL BE PLACED IN ADMINISTRATIVE SUSPENSE UNTIL 5/2/01. COUNSEL FOR LEAD PF. SHALL NOTIFY THE

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COURT OF THE STATUS OF THE INSURANCE COVERAGE ACTION PENDING IN THE MARYLAND BANKRUPTCY COURT ON OR BEFORE 5/2/01, ETC. (SIGNED BY JUDGE NORMA L. SHAPIRO), 2/1/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (rp) (Entered: 02/01/2001)

02/12/2001 91 Notice of Pro Se Appearance of Raymond J. Caravan, Jr. (fdc) (Entered: 02/12/2001)

02/12/2001 92 Notice of pro se appearance by DEFENDANT JEROME DERDEL (ph) (Entered: 02/12/2001)

02/12/2001 93 Notice of Appearance by DEFENDANT DOUGLAS R. COLKITT to proceed pro se. (fb) (Entered: 02/13/2001)

02/15/2001 94 Notice of Pro Se Appearance by DEFENDANT LARRY W. PEARSON. (fdc) (Entered: 02/15/2001)

02/16/2001 95 Notice of pro se appearance by DEFENDANT GENE E. BURLESON. (md) (Entered: 02/16/2001)

02/20/2001 96 Appearance of G. ALEXANDER BOCHETTO for DEFENDANT BRIAN C. SMITH; jury demand, Certificate of Service. (rp) (Entered: 02/20/2001)

02/20/2001 97 Monthly Written Report Concerning Bankruptcy Proceedings Filed By Lead Counsel For Lead Plaintiff And The Class (Report No. 4), Certificate of Service. (rp) Modified on 02/20/2001 (Entered: 02/20/2001)

02/27/2001 98 PRETRIAL ORDER NO. 22 THAT WOLF BLOCK'S MOTION TO WITHDRAW AS COUNSEL FOR THE INDIVIDUAL DEFTS. IS GRANTED. DEFT. BECKETT SHALL APPEAR PRO SE IN ACCORDANCE WITH PARAGRAPH 2 OF PRETRIAL ORDER NO. 21. (SIGNED BY JUDGE NORMA L. SHAPIRO), 2/28/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/27/01. (rp) (Entered: 02/28/2001)

03/01/2001 99 Certificate of Lead Counsel (No. 25). (FILED UNDER SEAL). (rp) (Entered: 03/01/2001)

03/02/2001 100 Pro Se Appearance by DEFENDANT DANIEL BECKETT. (rp) (Entered: 03/02/2001)

03/15/2001 101 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 5), Certificate of Service. (rp) (Entered: 03/15/2001)

04/03/2001 102 Certification of Lead Counsel (No. 26). (FILED UNDER SEAL). (rp) (Entered: 04/03/2001)

04/13/2001 103 Monthly Written Report of PLAINTIFF THOMAS JEWETT Concerning Bankruptcy Proceedings Filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 6), Certificate of Service. (rp) (Entered: 04/13/2001)

04/30/2001 104 Report of Lead Plaintiff Concerning the Status of the Insurance Coverage Action pursuant to Pretrial Order No. 21, Certificate of Service. (rp) (Entered: 04/30/2001)

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05/03/2001 105 Certification of Lead Counsel (No. 27). (FILED UNDER SEAL). (rp) (Entered: 05/04/2001)

05/04/2001 106 PRETRIAL ORDER NO. 24 THAT THIS ACTION WILL REMAIN IN ADMINISTRATIVE SUSPENSE UNTIL 6/4/01. (SIGNED BY JUDGE NORMA L. SHAPIRO), 5/7/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 5/4/01. (rp) (Entered: 05/07/2001)

05/22/2001 107 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 7), Certificate of Service. (rp) (Entered: 05/22/2001)

05/29/2001 108 Certification of Lead Counsel (No. 28). (FILED UNDER SEAL). (rp) (Entered: 05/29/2001)

06/14/2001 109 PRETRIAL ORDER NO. 25 THAT THIS ACTION WILL REMAIN IN ADMINISTRATIVE SUSPENSE UNTIL 9/4/01. NO FURTHER EXTENSIONS WILL BE GRANTED. (SIGNED BY JUDGE NORMA L. SHAPIRO), 6/14/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (rp) (Entered: 06/14/2001)

06/19/2001 110 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 8), Certificate of Service. (rp) (Entered: 06/19/2001)

06/29/2001 111 Certificate of Lead Counsel (No. 29). (FILED UNDER SEAL). (fb) (Entered: 07/02/2001)

07/17/2001 112 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for the Lead Plaintiff and the Class (REPORT #9). Certificate of Service. (jpd) (Entered: 07/17/2001)

07/18/2001 113 Monthly Written Report concerning Bankruptcy Proceedings filed by lead counsel for lead plff and the class (Report No. 9), Certificate of Service. (gn) (Entered: 07/19/2001)

07/31/2001 114 Certificate of Lead Counsel (No. 30). (FILED UNDER SEAL). (rp) (Entered: 07/31/2001)

08/16/2001 115 Monthly written report concerning Bankruptcy proceedings filed by Lead Counsel for Lead Plaintiff and the Class, (Report No. 10), Certificate of Service. (rv) Modified on 08/16/2001 (Entered: 08/16/2001)

09/04/2001 116 Certificate of Lead Counsel: No. 31 (FILED UNDER SEAL). (rv) (Entered: 09/04/2001)

09/06/2001 117 Appearance of A. RICHARD FELDMAN for DEFENDANT GENE E. BURLESON, Certificate of Service. (rv) (Entered: 09/06/2001)

09/06/2001 118 MOTION by DEFENDANT GENE E. BURLESON FOR PRO HAC VICE ADMISSION OF JOHN M. GROSS,ESQ. , CERTIFICATE OF SERVICE. (rv) (Entered: 09/06/2001)

09/14/2001 119 ORDER THAT THE COURT GRANTS THE MOTION FOR PRO HAC VICE ADMISSION OF JOHN M. GROSS,ESQ. ( SIGNED BY JUDGE NORMA L.

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SHAPIRO ) 9/17/01 ENTERED AND COPIES MAILED. FAXED BY CHAMBERS ON 9/14/01. (rv) (Entered: 09/17/2001)

09/17/2001 120 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 11), Certificate of Service. (rp) (Entered: 09/17/2001)

09/19/2001 121 Notice of change of address by DEBORAH R. GROSS, BERNARD M. GROSS, Certificate of Service. (rv) Modified on 09/19/2001 (Entered: 09/19/2001)

09/28/2001 122 Certificate of Lead Counsel(No.32). (FILED UNDER SEAL) (afm) Modified on 10/01/2001 (Entered: 09/28/2001)

10/02/2001 123 ORDER THAT THIS CASE IE REMOVED FROM ADMINISTRATIVE SUSPENSE SET SCHEDULING ORDER DEADLINES: PRETRIAL CONFERENCE WILL BE HELD ON 4:00 11/29/01 ; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 10/22/01 ; DEFENDANT'S PRETRIAL MEMORANDUM DUE 11/5/01 ; TRIAL POOL DEADLINE SET FOR 11/30/01 ; ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/3/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/2/01. (rv) (Entered: 10/03/2001)

10/11/2001 124 ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 10/19/01 AT 10:00, IN COURTROOM 10-A ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/12/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/11/01. (rv) (Entered: 10/12/2001)

10/15/2001 125 Appearance of PETER KONOLIGE for DEFENDANT JEROME DERDEL , Certificate of Service. (rv) (Entered: 10/15/2001)

10/17/2001 126 Monthly Written Report concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 12), Certificate of Service. (fdc) (Entered: 10/17/2001)

11/07/2001 127 Certification of Lead Counsel No. 33 re: filing of time and expese reports under seal, Certificate of Service. (rv) (Entered: 11/07/2001)

11/07/2001 128 Report of Time and Expenses of Lead counsel for the month of September 2001. (FILED UNDER SEAL). (rv) (Entered: 11/07/2001)

11/16/2001 133 Monthly Written Report concerning Bankruptcy Proceedings filed by Lead Counsel for LEAD PLAINTIFF THOMAS JEWETT and the Class (Report no. 13), Certificate of Service. (rv) (Entered: 11/21/2001)

11/19/2001 129 Appearance of PETER KONOLIGE for DEFENDANT DOUGLAS R. COLKITT, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, MOVANT RAYMOND J. CARAVAN JR.; jury demand , Certificate of Service. (rv) (Entered: 11/19/2001)

11/19/2001 130 SCHEDULING ORDER SETTING DISCOVERY COMPLETED BY 11/30/01 ; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 11/30/01 ; DEFENDANT'S PRETRIAL MEMORANDUM DUE 12/31/01 ; PRETRIAL CONFERENCE WILL BE HELD ON 2:00 2/14/02 ; ETC. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 11/20/01 ENTERED AND COPIES MAILED AND FAXED BY

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CHAMBERS ON 11/19/01. (rv) (Entered: 11/20/2001)

11/20/2001 131 Transcript of 10/19/01 hearing (jl) (Entered: 11/20/2001)

11/20/2001 132 Supplement to Monthly written Report No. 13 concerning Bankruptcy proceedings filed by Lead Counsel for Lead PLAINTIFF and the CLASS, Certificate of Service. (rv) (Entered: 11/20/2001)

11/26/2001 134 MOTION by NOTICE ONLY ERNST & YOUNG LLP FOR PROTECTIVE ORDER , MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (rv) (Entered: 11/27/2001)

11/30/2001 135 Certification of Counsel (No. 34) re: Filing of time and expense reports under seal pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) Modified on 11/30/2001 (Entered: 11/30/2001)

11/30/2001 136 Report of Time and Expense Reports of Lead Counsel (No. 34) for the month of October 2001. (FILED UNDER SEAL). (rv) (Entered: 11/30/2001)

11/30/2001 137 Appearance of for DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN; jury demand , Certificate of Service. (rv) (Entered: 11/30/2001)

11/30/2001 Withdrawal of appearance by PETER KONOLIGE for DEFENDANT DOUGLAS R. COLKITT. (See Paper No. 137). (rv) (Entered: 11/30/2001)

11/30/2001 138 Pretrial Memorandum by HERBARD LIMITED , Certificate of Service. (rv) (Entered: 11/30/2001)

11/30/2001 139 Report of Anticipated Testimony (R. ALAN MILLER). (rv) (Entered: 11/30/2001)

12/03/2001 140 Appearance of PHILIP H. LEBOWITZ for DEFENDANT DOUGLAS R. COLKITT, Certificate of Service. (rv) (Entered: 12/04/2001)

12/06/2001 141 Notice of (PRO SE DEFENDANT RAYMOND J. CARAVAN, JR'S) Refusal to Accept PLAINTIFF'S Pretrial Memorandum by PLAINTIFF THOMAS JEWETT, Certificate of Service. (rv) (Entered: 12/06/2001)

12/06/2001 142 MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL TO STRIKE PLAINTIFF'S PRETRIAL MEMORANDUM , AND FOR STATUS CONFERENCE , BRIEF, CERTIFICATES OF SERVICE. (rv) (Entered: 12/06/2001)

12/13/2001 143 Memorandum of Law by DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to ERNST & YOUNG LLP'S MOTION FOR PROTECTIVE ORDER , Certificate of Service. (rv) (Entered: 12/14/2001)

12/18/2001 144 MOTION by DEFENDANT BRIAN C. SMITH FOR SUMMARY JUDGMENT , MEMORANDUM, EXHIBITS VOL. I & II, CERTIFICATE OF SERVICE. (rv) (Entered: 12/19/2001)

12/19/2001 145 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead

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Counsel for Lead PLAINTIFF THOMAS JEWETT the Class. (Report No. 14), Certificate of Service. (rv) Modified on 12/19/2001 (Entered: 12/19/2001)

12/20/2001 146 Memorandum of Law by PLAINTIFF THOMAS JEWETT in opposition to DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S PRETRIAL MEMORANDUM AND FOR STATUS CONFERENCE , Certificate of Service. (rv) (Entered: 12/20/2001)

12/20/2001 147 Reply Memorandum by ERNST & YOUNG LLP in support of ERNST & YOUNG LLP'S MOTION FOR PROTECTIVE ORDER, Certificate of Service. (rv) (Entered: 12/20/2001)

12/31/2001 148 MOTION by DEFENDANT GENE E. BURLESON FOR SUMMARY JUDGMENT , BRIEF, EXHIBITS, CERTIFICATES OF SERVICE. (rv) Modified on 12/31/2001 (Entered: 12/31/2001)

12/31/2001 149 Appearance of GAY BARLOW PARKS RAINVILLE for DEFENDANT JEROME DERDEL, Withdrawal of Appearance of PETER KONOLIGE for DEFENDANT JEROME DERDEL, Certificate of Service. (rv) (Entered: 12/31/2001)

12/31/2001 150 JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL FOR SUMMARY JUDGMENT , MEMORANDUM, APPENDIX I & II, CERTIFICATE OF SERVICE. (rv) (Entered: 01/02/2002)

12/31/2001 151 JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL IN LIMINE , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 01/02/2002)

12/31/2001 152 Joint Pretrial Memorandum filed by DEFENDANTS DOUGLAS R. COLKITT, JEROME DERDEL, GENE E. BURLESON, DANIEL L. BECKETT, LARRY W. PEARSON, RAYMOND J. CARAVAN and BRIAN C. SMITH, Certificate of Service. (rv) (Entered: 01/02/2002)

01/03/2002 153 Certificate of Lead Counsel (No. 35) re: Filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate if Service. (rv) (Entered: 01/03/2002)

01/03/2002 154 JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL IN LIMINE TO RXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFFERED EXPERT ON LOSS CAUSATION AND DAMAGES , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 01/03/2002)

01/03/2002 155 ORDER THAT LEAD PLAINTIFF SHALL FILE (A) A SINGLE BRIEF IN OPPOSITION TO THE 3 SUMMARY JUDGMENT MOTIONS; (B) A BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE ON OR BEFORE

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1/24/02 , AND LEAD PLAINTIFF SHALL FILE MOTIONS IN LIMINE RELATING TO DEFENDANT'S EXPERT WITNESSES ON OR BEFORE 1/24/02. IN ALL OTHER RESPECTS, THIS COURT'S SCHEDULING ORDER OF 11/19/01 REMAINS UNCHANGED. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/4/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/3/02. (rv) Modified on 01/04/2002 (Entered: 01/04/2002)

01/03/2002 156 Joinder by DEFENDANT BRIAN C. SMITH in DEFENDANTS COLKITT, DERDEL, BECKETT, CARAVAN, PEARSON AND BURLESON'S MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (rv) (Entered: 01/04/2002)

01/17/2002 157 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 15), Certificate of Service. (rv) (Entered: 01/17/2002)

01/17/2002 158 ORDER THAT ERNST & YOUNG'S MOTION FOR PROTECTIVE ORDER IS DENIED AS MOOT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/17/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/17/02. (rv) (Entered: 01/17/2002)

01/22/2002 159 MOTION by DEFENDANT DOUGLAS R. COLKITT FOR LEAVE TO FILE AMENDED ANSWER , CERTIFICATE OF SERVICE. (AMEMDED ANSWER ATTACHED). (rv) (Entered: 01/23/2002)

01/22/2002 160 Memorandum by DEFENDANT DOUGLAS R. COLKITT in support of his MOTION FOR LEAVE TO FILE AMENDED ANSWER, Certificate of Service. (rv) (Entered: 01/23/2002)

01/24/2002 161 MOTION by LEAD PLAINTIFF HERBARD LIMITED TO STRIKE AFFIDAVIT OF DOUGLAS R. COLKITT EXECUTED 12/24/01 , AND TO PRECLUDE DEFENDANT COLKITT FROM OFFERING OR ELICITING ANY EVIDENCE THAT HE DID NOT RECEIVE THE 5/21/97 MANAGEMENT LETTER ON OR ABOUT ITS DATE. , MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002)

01/24/2002 162 MOTION by LEAD PLAINTIFF HERBARD LIMITED IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN, DEFENDANTS' PROFERRED EXPERT ON THE DISCLOSURE OBLIGATIONS OF THE DEFENDANT DIRECTORS AND DEFENDANTS' COMPLIANCE THEREWITH , MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002)

01/24/2002 163 MOTION by LEAD PLAINTIFF HERBARD LIMITED TO REQUIRE DEFENDANTS TO TESTIFY DURING LEAD PLAINTIFF'S CASE, OR NOT AT ALL , MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002)

01/24/2002 164 MOTION by LEAD PLAINTIFF HERBARD LIMITED IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF THE PROFERRED TESTIMONY OF DEFENDANTS' EXPERT DAVID I. TABAK , MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002)

01/24/2002 165 Memorandum by LEAD PLAINTIFF HERBARD LIMITED in opposition to

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DEFEDANTS' MOTION TO EXCLUDE THE TESTIMONY OF LEAD PLAINTIFF'S EXPERT WITNESS ON LOSS CAUSATION AND DAMAGES, R. ALAN MILLER, Certificate of Service. (rv) (Entered: 01/24/2002)

01/24/2002 166 Memorandum by LEAD PLAINTIFF HERBARD LIMITED in opposition to DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT, Certificate of Service. (rv) (Entered: 01/24/2002)

01/24/2002 167 Compendium of Exhibits by LEAD PLAINTIFF HERBARD LIMITED in opposition to DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (see paper no. 166), in opposition to DEFENDANTS' MOTIONS TO PRECLUDE (see paper no 165), and in support of Lead Plaintiff's MOTIONS TO PRECLUDE (see paper no's. 162,164) AND TO STRIKE (see paper no. 161). (rv) (Entered: 01/24/2002)

01/30/2002 168 Certification of Lead Counsel (No. 36) re: Filing of Time and Expense Reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 01/30/2002)

02/01/2002 169 JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL, DEFENDANT DANIEL R. COLKITT FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT , CERTIFICATE OF SERVICE. (REPLY MEMORANDUM ATTACHED). (rv) (Entered: 02/04/2002)

02/01/2002 170 JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL, DEFENDANT DANIEL R. COLKITT FOR LEAVE TO FILE REPLY IN SUPPORT OF THEIR MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFERRED EXPERT ON LOSS CAUSATION AND DAMAGES , CERTIFICATE OF SERVICE. (REPLY ATTACHED). (rv) (Entered: 02/04/2002)

02/06/2002 171 Memorandum by NOTICE ONLY HERBARD LIMITED in opposition to DEFENDANT COLKITT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER , Certificate of Service. (rv) (Entered: 02/06/2002)

02/07/2002 172 Memorandum of Law by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to LEAD PLAINTIFF'S MOTION TO STRIKE AFFIDAVIT OF DOUGLAS R. COLKITT EXECUTED 12/24/01, Certificate of Service. (rv) (Entered: 02/08/2002)

02/07/2002 173 Response by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL to LEAD PLAINTIFF'S MOTION TO REQUIRE DEFENDANTS TO TESTIFY DURING LEAD

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PLAINTIFF'S CASE, OR NOT AT ALL , Certificate of Service. (rv) (Entered: 02/08/2002)

02/07/2002 174 Memorandum of Law by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to LEAD PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN , Certificate of Service. (rv) (Entered: 02/08/2002)

02/07/2002 175 Memorandum of Law by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to LEAD PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF THE PROFERRED TESTIMONY OF DEFENDANTS' EXPERT DAVID I. TABAK , Certificate of Service. (rv) (Entered: 02/08/2002)

02/12/2002 176 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff HERBARD LIMITED and the Class (Report No. 16), Certificate of Service. (rv) (Entered: 02/12/2002)

02/15/2002 177 Minute entry regarding Status Hearing held on 2/14/02: State by the court and counsel. COURT rules: MOTION IN LIMINE (No. 151) is stricken; DEFENDANT COLKITT'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER is granted; PLAINTIFF'S MOTION TO STRIKE COLKITT AFFIDAIT is denied; PLAINTIFF'S MOTION TO REQUIRE DEFENDANTS TO TESTIFY is granted; all other MOTIONS are taken under advisement. A Daubert hearing will be held on 3/21/02 at 10:00. A written Order will issue. (rv) (Entered: 02/15/2002)

02/15/2002 178 ORDER THAT (1) A DAUBERT HEARING WILL BE HELD 3/21/02 AT 10:00 , THE FOLLOWING MOTIONS ARE HELD IN ADVISEMENT: PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN, PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF EXPERT DAVID I. TABAK, AND DEFENDANT'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALN MILLER. (2) DEFENDANT'S MOTION IN LIMINE (#151) WAS ENTERED DUE TO A CLERICAL ERROR, AND IS STRICKEN. (3) DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S PRETRIAL MEMORANDUM AND FOR A STATUS CONFERENCE IS DENIED AS MOOT, ETC. (4) COLKITT'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER IS GRANTED; COLKITT HAS LEAVE TO FILE AN AMENDED ANSWER ON OR BEFORE 3/1/02. (5) PLAINTIFF'S MOTION TO STRIKE AFFIDAVIT OF DOUGLAS R. COLKITT EXECUTED 12/24/01, AND TO PRECLUDE DEFENDANT COLKITT FROM OFFERING OR ELICITING ANY EVIDENCE THAT HE DID NOT RECEIVE THE 5/21/97 MANAGEMENT LETTER ON OR ABOUT ITS DATE IS DENIED. (6) PLAINTIFF'S MOTION TO REQUIRE DEFENDANTS TO TESTIFY DURING LEAD PLAINTIFF'S CASE, OR NOT AT ALL IS GRANTED. (7) ALL OTHER PENDING MOTIONS ARE TAKEN UNDER ADVISEMENT. ( SIGNED BY JUDGE NORMA SHAPIRO ) 2/19/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 02/19/2002)

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02/15/2002 179 Amended answer to complaint by DEFENDANT DOUGLAS R. COLKITT and Answer of DEFENDANT'S DERDEL, CARAVAN, BECKETT, PEARSON, BURLESON AND SMITH : amends complaint answer, Certificate of Service. (rv) Modified on 02/19/2002 (Entered: 02/19/2002)

02/22/2002 180 Transcript for Hearing held on 2/14/02. (rv) (Entered: 02/22/2002)

03/07/2002 181 ORDER THAT THE HEARING PREVIOUSLY SCHEDULED FOR 3/21/02 IS RESCHEDULED FOR 4/12/02 AT 10:00. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/8/02 ENTERED AND COPIES AND FAXED BY CHAMBERS ON 3/7/02. (rv) (Entered: 03/08/2002)

03/14/2002 182 Monthly Written Report of PLAINTIFF THOMAS JEWETT concerning Bankruptcy Proceedings filed by Lead Counsel for Lead PLAINTIFF and the Class (Report No. 17), Certificate of Service.. (rv) (Entered: 03/14/2002)

03/21/2002 183 ORDER THAT (1)THE DAUBERT HEARING PREVIOUSLY NOTICED 4/12/02, AT 10:00 IS CANCELLED. (2)COUNSEL SHALL SUBMIT THE PROPOSED SETTLEMENT AGREEMENT AND ALL OTHER PAPERS RELATED TO APPROVAL OF THE SETTLEMENT AGREEMENT ON OR BEFORE 4/15/02. (3) A HEARING ON PRELIMINARY APPROVAL OF THE SETTLEMENT AND THE SCHEDULE FOR SUBSEQUENT PROCEEDINGS WILL BE HELD ON 4/18/02 AT 11:00. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/22/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/21/02. (rv) (Entered: 03/22/2002)

03/29/2002 184 Certificate of Counsel (No. 37) re: Filing of Time and Expense Reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) Modified on 03/29/2002 (Entered: 03/29/2002)

03/29/2002 185 Certificate of Counsel (No. 38) re: ling of Time and Expense Reports UNDER SEAL pursuant to paragraph 10 of Pretrial Oder No. 5, Certificate of Service. (TIME AND EXPENSE REPORTS FILED UNDER SEAL). (rv) (Entered: 03/29/2002)

04/11/2002 186 Monthly Written Report Concerning Bankruptcy Proceedings by Lead Counsel for Lead PLAINTIFF and the Class, Certificate of Service. (Report No. 18). (rv) (Entered: 04/11/2002)

04/15/2002 187 MOTION by PLAINTIFF THOMAS JEWETT FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT , CERTIFICATE OF SERVICE. (rv) (Entered: 04/15/2002)

04/15/2002 188 Memorandum by PLAINTIFF THOMAS JEWETT in support of MOTION FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, Certificate of Service. (rv) (Entered: 04/15/2002)

04/18/2002 189 ORDER THAT THE FOLLOWING MOTIONS ARE DENIED WITHOUT PREJUDICE TO RENEW SHOULD THE PROPOSED CLASS SETTLEMENT AGREEMENT BETWEEN THE PARTIES NOT BE APPROVED BY THE COURT: JOINT MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF THEIR MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFERRED EXPERT LOSS CAUSATION AND

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DAMAGES, JOINT MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT, MOTION IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF THE PROFERRED TESTIMONY DEFENDANTS' EXPERT DAVID I. TABAK, MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN, DEFENDANTS' PROFERRED EXPERT ON THE DISCLOSURE OBLIGATIONS OF THE DEFENDANT DIRECTORS AND DEFENDANTS' COMPLIANCE THEREWITH, JOINT MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFFERED EXPERT ON LOSS CAUSATION AND DAMAGES, MOTION FOR SUMMARY JUDGMENT, JOINT MOTION FOR SUMMARY JUDGMENT, MOTION FOR SUMMARY JUDGMENT , JOINDER BY DEFENDANT BRIAN C. SMITH IN DEFENDANTS COLKITT, DERDEL, BECKETT, CARAVAN, PEARSON AND BURLESON'S MOTION FOR SUMMARY JUDGMENT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 4/19/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 4/18/02. (rv) (Entered: 04/19/2002)

04/24/2002 190 Notice of change of address by CHRISTOPHER THOMAS REYNA. (rv) (Entered: 04/25/2002)

04/25/2002 191 ORDER THAT (1) PLAINTIFFS' COUNSEL EDWIN MILLS, REPRESENTING PLAINTIFFS, AND DEFENSE COUNSEL PHILIP LEBOWITZ, REPRESENTING DEFENDANTS, SHALL PARTICIPATE IN A CONFERENCE CALL WITH THE COURT ON 5/2/02 AT 3:00, TO FURTHER DISCUSS PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF THE PROPOSED SETTLEMENT (#187) AND THE SCHEDULE OF FURTHER PROCEEDINS. THE COURT WILL INITIATE THE CALL. (2) AS INTRUCTED ON 4/18/02 COUNSEL SHALL SUBMIT INFORMATION IN WRITING CONCERNING THE PROPOSED ESCROW AGENT, BERDON L.L.P., AND ITS FEE ARRANGEMENTS UNDER THE PROPOSED SETTLEMENT ON OR BEFORE 4/29/02. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 4/25/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 4/25/02. (rv) (Entered: 04/25/2002)

05/10/2002 192 PRELIMINARY APPROVAL ORDER THE SETTLEMENT, AS SET FORTH IN THE STIPULATION, IS PRELIMINARILY APPROVED. THE CLASS SHALL CONSIST OF ALL MEMBERS OF THE CLASS, EXCEPT THOSE PERSONS WHO FILE VALID REQUEST FOR EXCLUSION PURSUANT TO THE STIPULATION. A HEARING SHALL BE HELD BEFORE THIS COURT ON 9/10/02 AT 10:00 IN COURTROOM 10A, TO DETERMINE WHETHER THE PROPOSED SETTLEMENT OF THE ACTION ON THE TERMS AND CONDITIONS PROVIDED FOR IN THE STIPULTION IS FAIR, RESONABLE AND ADEQUATE AND SHOULD BE APPROVED BY THE COURT; WHETHER A JUDGMENT AS PROVIDED IN THE STIPULATION SHOULD BE ENTERED HEREIN; AND TO DETERMINE WHETHER THE APPLICATION FOR THE FEE AND EXPENSE REWARD SHOULD BE GRANTED IN WHOLE OR IN PART. THE CLAIMS ADMINSTRATOR SHALL FILE WITH THE COURT, NO LATER THAN 9/5/02 A WRITTEN REPORT IDENTIFYING ALL CLASS MEMBERS WHO HAVE REQUESTED EXCLUSION FROM THE CLASS, AND ALL ADDITIONAL TERMS SET FORTH FURTHER IN THIS ORDER, ETC. ( SIGNED BY JUDGE NORMA L.

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SHAPIRO ) 5/13/02 ENTERED AND COPIES MAILED. (rv) (Entered: 05/13/2002)

05/16/2002 193 Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No, 19). (rv) (Entered: 05/16/2002)

05/24/2002 194 Certification of Lead Counsel (No. 39) re: Filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 05/28/2002)

05/24/2002 195 Certification of Lead Counsel No. 40 re: Filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 05/28/2002)

06/12/2002 196 Monthly Written Report filed by Lead Counsel for Lead PLAINTIFF and the Class (Report No. 20), Certificate of Service. (rv) (Entered: 06/12/2002)

07/02/2002 197 Certification of Counsel No. 41 re: Filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 07/02/2002)

07/30/2002 198 Certification of Counsel No. 42 re: filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 07/30/2002)

07/30/2002 199 ORDER THAT THE WITHIN DOCUMENT IS FILED UNDER SEAL AND IMPOUNDED UNTIL FURTHER ORDER OF THE COURT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 7/31/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 07/31/2002)

07/30/2002 200 Supplemental Stipulation, FILED UNDER SEAL. (rv) (Entered: 07/31/2002)

08/09/2002 201 MOnthly Written Report filed by Lead Counsel for Lead PLAINTIFF and the Class (Report no. 21)., Certificate of Service . (rv) (Entered: 08/12/2002)

08/22/2002 202 Certification of Counsel re: filing of time and expense reports UNDER SELA pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 08/22/2002)

08/28/2002 203 MOTION by PLAINTIFF THOMAS JEWETT FOR FINAL APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 08/28/2002)

08/28/2002 204 MOTION by PLAINTIFF THOMAS JEWETT FOR AWARD OF ATTORNEY FEES TO CLASS COUNSEL , AND FOR RELATED RELIEF , MEMORANDUM, COMPENDIUM OF DECLARATIONS, CERTIFICATE SERVICE. (rv) (Entered: 08/28/2002)

09/05/2002 205 Report of THE CLAIMS ADMINISTRATOR concerning CLASS MEMBER EXCLUSIONS, Certificate of Service. (afm) (Entered: 09/06/2002)

09/05/2002 206 Report of LEAD COUNSEL concerning CLASS MEMBER OBJECTIONS to the Proposed Settlement and the Request for Attorney's Fees and Related Relief, Certificate of Service. (afm) (Entered: 09/06/2002)

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09/05/2002 207 ORDER THAT THE ATTACHED LETTER FROM DAVID NEHEME, RECEIVED BY THE COURT ON 9/4/02, BE FILED OF RECORD. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 9/6/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 9/5/02. (rv) (Entered: 09/06/2002)

09/05/2002 208 Letter from David Nehme to Judge Shapiro dated August 2002 re: Mr. Nehme's exclusion from the recovery of $100,000.00 because of the stipulation that excludes anyone from benefiting from the settlement unless the shares were purchased on the open nasdaq market. (rv) (Entered: 09/06/2002)

09/11/2002 209 Affidavit of Michael Rosenbaum Re: Mailing and Publication of Notice and Out-of-Pocket Costs incurred to date. (rv) (Entered: 09/11/2002)

09/18/2002 210 Monthly Written Report of Lead Counsel for LEAD PLAINTIFF THOMAS JEWETT concerning Bankruptcy Proceedings (Report no. 22), Certificate of Service. (rv) (Entered: 09/18/2002)

09/20/2002 211 MEMORANDUM & ORDER THAT THE COURT FINDS THE STIPULATION AND THE SETTLEMENT ARE FAIR, REASONABLE AND ADEQUATE TO THE LEAD PLAINTIFF AND THE CLASS, AND THE STIPULATION AND THE SETTLEMENT ARE HEREBY FINALLY APPROVED IN ALL RESPECTS, AND THE PARTIES TO THE STIPULATION ARE DIRECTED TO CONSUMMATE AND PERFORM ITS TERMS. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 9/20/02 ENTERED AND COPIES MAILED. (rv) Modified on 09/20/2002 (Entered: 09/20/2002)

09/20/2002 212 FINAL JUDGMENT ORDER APPROVING THE PROPOSED SETTLEMENT EMBODIED IN THE STIPULATION, AND THAT THE STIPULATION AND THE SETTLEMENT ARE FAIR , REASONABLE AND ADEQUATE TO THE LEAD PLAINTIFF AND THE CLASS, AND THE STIPULATION AND THE SETTLEMENT ARE FINALLY APPROVED IN ALL RESPECTS, AND THE PARTIES TO THE STIPULATION ARE DIRECTED TO CONSUMMATE AND PERFORM ITS TERMS. THE ACTION IS DISMISSED WITH PREJUDICE AS TO THE DEFENDANTS AND RELEASED PARTIES AND WITHOUT COSTS TO ANY PARTY AS AGAINST ANY OTHER, ETC. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 9/20/02 ENTERED AND COPIES MAILED. (rv) (Entered: 09/20/2002)

09/20/2002 213 ORDER THAT THE ORDER SEVERING AND STAYING PLAINTIFFS' CLAIMS AGAINST EQUIMED, INC. IS HEREBY VACATED. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 9/23/02 ENTERED AND COPIES MAILED. (rv) (Entered: 09/23/2002)

09/20/2002 214 MEMORANDUM & ORDER ON APPEAL THAT DOCTOR NEHME'S APPEAL IS DENIED. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 9/23/02 ENTERED AND COPIES MAILED. (rv) (Entered: 09/23/2002)

09/20/2002 Case closed (kv) (Entered: 09/23/2002)

09/26/2002 215 Certificate of Counsel re: filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 09/26/2002)

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10/04/2002 216 Proof of Claim & Release Form by David H. Weinstein. (rv) (Entered: 10/04/2002)

10/18/2002 217 Monthly Written Report of PLAINTIFF THOMAS JEWETT concerning Bankruptcy Proceedings, Certificate of Service. (rv) (Entered: 10/18/2002)

10/28/2002 218 Certification of Counsel (No. 45) re: filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of pretrial Order No. 5, Certificate of Service. (rv) (Entered: 10/28/2002)

11/01/2002 219 Declaration of Edwin J. Mills in support of The Revised Request of Class Counsel for Attorneys' Fees and Reimbursement of Litigation Expenses, Certificate of Service. (rv) (Entered: 11/01/2002)

11/01/2002 220 Affidavit of Michael Rosenbaum of Berdon LLP, Clains Administrator, Respecting Class Members Clains received to date and Out-of-Pocket Expenses incurred to date, Certificate of Service. (rv) (Entered: 11/01/2002)

11/15/2002 221 Monthly Written Report of Lead Counsel for Lead Plaintiff and The Class (Report No. 24)., concerning Bankruptcy Proceedings. (rv) (Entered: 11/15/2002)

11/29/2002 222 Certification of Counsel (No. 46) re: filing of Time and Expense reports UNDER SEAL pursuant to paragraph 10 of pretrial Order No. 5, Certificate of Service. (rv) (Entered: 11/29/2002)

12/10/2002 223 ORDER THAT REIMBURSEMENT OF THE FOLLOWING EXPENSES SHALL BE MADE TO BERDON LLP FROM THE SETTLEMENT FUND FORTHWITH, ETC. THIS REIMBURSEMENT DOES NOT INCLUDE ANY AMOUNTS FOR SERVICES RENDERED BY BERDON LLP IN THIS MATTER. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/10/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 12/10/02. (rv) (Entered: 12/10/2002)

12/11/2002 224 ORDER THAT (1)COUNSEL NEED NO LONGER FILE MONTHLY TIME AND EXPENSE REPORTS; (2)LEAD COUNSEL, EDWIN J. MILLS, ESQ., IS NO LONGER REQUIRED TO REVIEW AND APPROVE SAID REPORTS OR FILE THEM UNDER SEAL WITH THE COURT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/12/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 12/11/02. (rv) (Entered: 12/12/2002)

03/03/2003 225 MEMORANDUM AND ORDER THAT UPON CONSIDERATION OF COUNSEL'S PETITION FOR ATTORNEY'S FEES AND COSTS AS PROVIDED FOR BY SETTLEMENT AGREEMENT APPROVED BY THE COURT, ATTORNEY'S FEES AND COSTS ARE AWARDED AS FOLLOWS: ATTORNEY'S FEES: $475,815.65; COSTS: $124,184.35; AND TOTAL DISTRIBUTION: $600,000.00 ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/4/03 ENTERED AND COPIES MAILED. (mbh) (Entered: 03/04/2003)

03/07/2003 226 ORDER THAT IT APPEARING THAT A TYPOGRAPHICAL ERROR OCCURED ON PAGE 4, PARARAPH 2, LINE 8, OF THE MEMORANDUM AND ORDER DATED 3/3/03, AN AMENDED MEMORANDUM AND ORDER IS ATTACHED HERETO AND FILED ON RECORD. (SIGNED BY JUDGE NORMA L. SHAPIRO) 3/10/03 ENTERED AND COPIES MAILED. (fh) (Entered: 03/10/2003)

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07/28/2003 227 MOTION BY THOMAS JEWETT FOR AN ORDER ADOPTING THE RECOMMENDATIONS OF THE CLAIMS ADMINISTRATOR AS TO CLASS MEMBER CLAIMS, COMPENSATING THE CLAIMS ADMINISTRATOR, DIRECTING DISTRIBUTION OF THE NET SETTLEMENT FUND AND GRANTING OTHER RELIEF, DECLARATION, AFFIDAVIT, CERTIFICATE OF SERVICE.(rv, ) Additional attachment(s) added on 9/8/2003 (ar, ). (Entered: 07/28/2003)

08/04/2003 228 ORDER THAT THE COURT ADOPTS THE RECOMMENDATIONS OF THE CLAIMS ADMINISTRATOR WITH RESPECT TO THE ACCEPTANCE AND REJECTION OF CLASS MEMBER CLAIMS AS SET FORTH IN THE ROSENBAUM AFFIDAVIT AND THE EXHIBITS THERETO. THE COURT APPROVES THE PAYMENT TO BORDON LLP, CLAIMS ADMINISTRATOR, IN THE AGGREGATE AMOUNT OF $33,474.69 FOR SERVICES RENDERED AND SERVICES TO BE RENDERED IN THE FUTURE, AND EXPENSES INCURRED AND EXPENSES TO BE INCURRED IN THE FUTURE, BY THE CLAIMS ADMINISTRATOR IN THE COURSE OF CLAIMS ADMINISTRATION. THE COURT DIRECTS THAT SUCH PAYMENT BE MADE TO THE CLAIMS ADMINISTRATOR OUT OF THE NET SETTLEMENT FUND AS SOON AS PRACTICABLE, ETC. SIGNED BY JUDGE NORMA L. SHAPIRO ON 8/4/03.8/5/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 8/4/03. (rv, ) (Entered: 08/05/2003)

08/04/2003 229 SUPPLEMENTAL DECLARATION OF EDWIN J. MILLS by PLAINTIFF THOMAS JEWETT, CERTIFICATE OF SERVICE. (ss, ) (Entered: 08/05/2003)

03/25/2004 230 ORDER THAT THE COURT HAS APPROVED SETTLEMENT OF THIS CLASS ACTION CASE UNDER FEDERAL RULE OF CIVIL PROCEDURE 23 AND, AMONG OTHER THINGS, DIRECTED THE PAYMENT OF CERTAIN FEES AND EXPENSES TO THE CLAIMS ADMINISTRATOR, BERDON LLP AS OUTLINED IN THIS ORDER. SIGNED BY JUDGE NORMA L. SHAPIRO ON 3/23/04. 3/26/04 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 03/26/2004)

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