United States District Court Eastern District of...

US District Court Civil Docket as of 09/21/2010 Retrieved from the court on April 18, 2012

United States District Court Eastern District of Pennsylvania (Philadelphia)

CIVIL DOCKET FOR CASE #: 2:07-cv-03148-LDD

A1 CREDIT COMPANY v. RAIT FINANCIAL TRUST et al Assigned to: HONORABLE LEGROME D. DAVIS Cause: 15:77 Securities Fraud

Plaintiff

Date Filed: 08/01/2007 Date Terminated: 12/14/2009 Jury Demand: Defendant Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC 100 PENN SQUARE EAST JOHN WANAMAKER BLDG , SUITE 450 PHILADELPHIA, PA 19107 215-561-3600 Fax: 215-561-3000 Email: [email protected] TERMINATED: 01/04/2008 LEAD ATTORNEY

A1 CREDIT COMPANY F/B/O EILEEN HERSKOWITZ, ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED TERMINATED: 01/04/2008

GERALD S. BERKOWITZ BERKOWITZ AND KLEIN LLP 629 B SWEDESFORD RD SWEDSFORD CORPORATE CENTER MALVERN, PA 19355-1530 610-889-3200 Fax: 610-889-9564 Email: [email protected] TERMINATED: 01/04/2008

Plaintiff

BRAHMAN CAPITAL CORP

represented by C. CHAD JOHNSON on behalf of Brahman Partners II, L.P., BERNSTEIN LITOWITZ BERGER & Brahman Partners III, L/P. B Y Partners, GROSSMANN LLP L.P., Brahman C.P.F. Partners, L.P., and

1285 AVENUE OF THE AMERICAS,

Brahman Partners IV, L.P. 38TH FL NEW YORK, NY 10019 212-554-1400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

GERALD H. SILK BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP 1285 AVENUE OF THE AMERICAS 33RD FLOOR NEW YORK, NY 10019 212-554-1400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOHN CHRISTOPHER BROWNE BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP 1285 AVENUE OF THE AMERICAS, 38TH FL NEW YORK, NY 10019 212-554-1400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOHN RIZIO-HAMILTON BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP 1285 AVENUE OF THE AMERICAS NEW YORK, NY 10019 212/554-1400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

PAUL A. KEMNITZER BERNSTEIN LITOWITZ BERGER & GROSSMAN 1285 AVENUE OF THE AMERICAS NEW YORK, NY 10019 212-554-1399 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

RIA CECILIA MOMBLANCO FINE, KAPLAN & BLACK, RPC 1835 MARKET ST. SUITE 2800 PHILADELPHIA, PA 19103 215-567-6565 Email: [email protected]

ATTORNEY TO BE NOTICED

ROBERTA D. LIEBENBERG FINE, KAPLAN AND BLACK 1835 MARKET ST. 28TH FLOOR PHILADELPHIA, PA 19103 215-567-6565 Fax: 215-568-5872 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

EMPLOYEES' RETIREMENT represented by JOSEPH R. SEIDMAN , JR. SYSTEM OF THE STATE OF BERNSTEIN LIEBHARD & LIFSHITZ RHODE ISLAND LLP Additional Named 10 EAST 40TH ST

22ND FLOOR NEW YORK, NY 10016 212-779-1414 Email: [email protected] TERMINATED: 04/24/2009 LEAD ATTORNEY

STANLEY D. BERNSTEIN BERNSTEIN, LIEBHARD LLP. 10 EAST 40TH STREET NEW YORK, NY 10016 212-779-1414 Email: [email protected] TERMINATED: 04/24/2009 LEAD ATTORNEY

TIMOTHY J. MACFALL BERNSTEIN LIEBHARD & LIFSHITZ LLP 10 EAST 40TH ST., 22ND FL NEW YORK, NY 10016 212-779-1414 TERMINATED: 04/24/2009 LEAD ATTORNEY

C. CHAD JOHNSON (See above for address) ATTORNEY TO BE NOTICED

GERALD S. BERKOWITZ (See above for address) ATTORNEY TO BE NOTICED

RIA CECILIA MOMBLANCO (See above for address) ATTORNEY TO BE NOTICED

STUART M. GRANT GRANT & EISENHOFER, P.A. 1201 N. MARKET ST. STE. 2100 WILMINGTON, DE 19801 302-622-7070 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

RAIT FINANCIAL TRUST represented by BARBARA W. MATHER PEPPER HAMILTON LLP 3000 TWO LOGAN SQ 18TH & ARCH STS PHILADELPHIA, PA 19103-2799 215-981-4895 Fax: 215-981-4756 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

JAY A. DUBOW PEPPER HAMILTON 3000 TWO LOGAN SQUARE 18TH & ARCH STS. PHILADELPHIA, PA 19103-2799 215-981-4713 Fax: 215-981-4750 Email: [email protected] TERMINATED: 09/25/2008 LEAD ATTORNEY

ROBERT W. HAYES COZEN O'CONNOR 1900 MARKET STREET PHILADELPHIA, PA 19103 215-665-2094 Fax: 215-665-2013 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

PATRICIA A. MCCAUSLAND MCCAUSLAND & MCCAUSLAND

LLC 401 EAST ELM ST STE 200 CONSHOHOCKEN, PA 19428 610-834-1721 Fax: 610-834-1190 Email: [email protected] TERMINATED: 11/20/2009

ROBIN P. SUMNER PEPPER HAMILTON LLP 3000 TWO LOGAN SQ 18TH & ARCH STS PHILADELPHIA, PA 19103-2799 215-981-4652 Fax: 215-689-2836 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

BETSY COHEN represented by BARBARA W. MATHER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

JAY A. DUBOW (See above for address) TERMINATED: 09/25/2008 LEAD ATTORNEY

LEONARD BARRACK BARRACK, RODOS & BACINE 2001 MARKET STREET 3300 TWO COMMERCE SQUARE PHILADELPHIA, PA 19103-7087 215-963-0600 Fax: 215-963-0838 Email: [email protected] ATTORNEY TO BE NOTICED

MARK R. ROSEN BARRACK RODOS & BACINE 3300 TWO COMMERCE SQ 2001 MARKET ST PHILA, PA 19103 215-963-0600 Email: [email protected] ATTORNEY TO BE NOTICED

PATRICIA A. MCCAUSLAND (See above for address)

TERMINATED: 11/20/2009

ROBIN P. SUMNER (See above for address) ATTORNEY TO BE NOTICED

Defendant

DANIEL COHEN represented by BARBARA W. MATHER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


LEONARD BARRACK (See above for address) ATTORNEY TO BE NOTICED

MARK R. ROSEN (See above for address) ATTORNEY TO BE NOTICED

PATRICIA A. MCCAUSLAND (See above for address) TERMINATED: 11/20/2009


Defendant

JACK E. SALMON represented by BARBARA W. MATHER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



MARK R. ROSEN (See above for address)


PATRICIA A. MCCAUSLAND (See above for address) TERMINATED: 11/20/2009


Defendant

FRIEDMAN BILLINGS RAMSEY TERMINATED: 01/04/2008

represented by WILLIAM PITTARD WILLIAMS & CONNOLLY 725 TWELFTH STREET, N.W. WASHINGTON, DC 20005 202/434-5029 TERMINATED: 01/04/2008 LEAD ATTORNEY

DANIEL DOCKERY 725 - 12TH ST. NW ED BENNETT WILLIAMS BLDG WASHINGTON, DC 20005 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

BEAR, STEARNS & CO., INC. represented by DANIEL DOCKERY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

HOWARD W. GUTMAN WILLIAMS & CONNOLLY LLP 725 TWELFTH ST NW WASHINGTON, DC 20005 202-434-5200 Email: [email protected] TERMINATED: 08/17/2009 LEAD ATTORNEY

JEFFREY S. SALTZ LAW OFFICE OF JEFFREY S. SALTZ P.C. TWO PENN CENTER PLAZA SUITE 1930 1500 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19102 215-523-5317 Fax: 215-568-2739

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

MEAGAN L. FITZSIMMONS WILLIAMS & CONNOLLY LLP 725 TWELFTH ST NW WASHINGTON, DC 20009 202-434-5000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

STEVEN M. FARINA WILLIAMS & CONNOLLY LLP 725 TWELFTH ST NW WASHINGTON, DC 20005 202-434-5526 LEAD ATTORNEY ATTORNEY TO BE NOTICED

WILLIAM PITTARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

BARBARA W. MATHER (See above for address)

Defendant

ELLEN J. DISTEFANO represented by BARBARA W. MATHER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Defendant

EDWARD S. BROWN represented by BARBARA W. MATHER (See above for address)



Defendant

FRANK A. FARNESI represented by BARBARA W. MATHER (See above for address)



Defendant

S. KRISTIN KIM represented by BARBARA W. MATHER (See above for address)



Defendant

ARTHUR MAKADON represented by BARBARA W. MATHER (See above for address)



Defendant

DANIEL PROMISLO

represented by BARBARA W. MATHER (See above for address)



Defendant

JOHN F. QUIGLEY, III represented by BARBARA W. MATHER (See above for address)



Defendant

MURRAY STEMPEL, III

represented by BARBARA W. MATHER (See above for address)



Defendant

FRIEDMAN, BILLINGS, RAMSEY represented by DANIEL DOCKERY GROUP, INC. (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

HOWARD W. GUTMAN (See above for address) TERMINATED: 08/17/2009 LEAD ATTORNEY

JEFFREY S. SALTZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

MEAGAN L. FITZSIMMONS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

STEVEN M. FARINA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

BARBARA W. MATHER

(See above for address)

Defendant

FBR CAPITAL MARKETS CORP. represented by DANIEL DOCKERY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED






Defendant

UBS SECURITIES LLC represented by DANIEL DOCKERY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



MEAGAN L. FITZSIMMONS (See above for address) LEAD ATTORNEY

Defendant

RBC CAPITAL MARKETS CORPORATION




represented by JEFFREY S. SALTZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Defendant

KEYBANC CAPITAL MARKETS represented by DANIEL DOCKERY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED






Defendant

STIFEL, NICOLAUS & COMPANY, represented by DANIEL DOCKERY

INC. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED






Defendant

BMO CAPITAL MARKETS CORP. represented by DANIEL DOCKERY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




STEVEN M. FARINA (See above for address)

Defendant

PIPER JAFFRAY & CO.

LEAD ATTORNEY ATTORNEY TO BE NOTICED


represented by DANIEL DOCKERY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED






Defendant

RBC DAIN RAUSCHER, INC. represented by JEFFREY S. SALTZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Defendant

GRANT THORNTON LLP represented by NANCY J. GELLMAN CONRAD O'BRIEN 1500 MARKET ST SUITE 3900 CENTRE SQUARE WEST TOWER PHILADELPHIA, PA 19102-2100

215-864-9600 Fax: 215-864-9620 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

CARTER D. MORSE FOLEY HOAG LLP 155 SEAPORT BLVD BOSTON, MA 02210-2600 617-832-1000 Email: [email protected] TERMINATED: 07/28/2009

KIRK G. HANSON FOLEY HOAG LLP 155 SEAPORT BLVD BOSTON, MA 02210-2600 617-832-3036 Email: [email protected] ATTORNEY TO BE NOTICED

KRISTOPHER NEIL AUSTIN FOLEY HOAG LLP 155 SEAPORT BLVD BOSTON, MA 02210-2600 617-832-3051 Email: [email protected] ATTORNEY TO BE NOTICED

LISA WOOD FOLEY HOAG 155 SEAPORT BLVD BOSTON, MA 02210 Email: [email protected] ATTORNEY TO BE NOTICED

PATRICIA M. HAMILL CONRAD O'BRIEN 1500 MARKET ST SUITE 3900 CENTRE SQUARE WEST TOWER PHILADELPHIA, PA 19102-2100 TEL 215-864-8068 Fax: FAX 215-864-9620 Email: [email protected] ATTORNEY TO BE NOTICED

SHAUN SKEYA FOLEY HOAG LLP 155 SEAPORT BLVD

BOSTON, MA 02210-2600 617-832-1000 Email: [email protected] TERMINATED: 01/28/2009

V.

Movant

RICHARD STEVENS

represented by BRIAN M. FELGOISE LAW OFFICES OF BRIAN M. FELGOISE PC 261 OLD YORK ROAD SUITE 423 JENKINTOWN, PA 19046 215-886-1900 Fax: 215-886-1909 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

LANCE STEVENS

represented by BRIAN M. FELGOISE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

LVC GROUP represented by BARBARA A. PODELL BERGER & MONTAGUE, PC 1622 LOCUST ST PHILADELPHIA, PA 19103 215-875-4690 Fax: 215-875-4673 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

ARTHUR STOCK BERGER & MONTAGUE, P.C. 1622 LOCUST STREET PHILADELPHIA, PA 19103-6365 215-875-3000 Fax: 215-875-5804 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/01/2007 1 COMPLAINT against RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL

08/01/2007

COHEN, JACK E. SALMON, FRIEDMAN BILLINGS RAMSEY, BEAR, STEARNS & CO., INC. ( Filing fee $ 350 receipt number 941209), filed by A1 CREDIT COMPANY.(jmv, ) (Entered: 08/02/2007)

DEMAND for Trial by Jury by A1 CREDIT COMPANY. (jmv, ) (Entered: 08/02/2007)

08/01/2007 Summons Issued as to RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON, FRIEDMAN BILLINGS RAMSEY, BEAR, STEARNS & CO., INC. Forwarded To: 6 Origs to counsel on 8/2/07 (jmv, ) (Entered: 08/02/2007)

08/03/2007

2 Disclosure Statement Form pursuant to FRCP 7.1 by A1 CREDIT COMPANY.(GROSS, DEBORAH) (Entered: 08/03/2007)

08/20/2007

3 WAIVER OF SERVICE Returned Executed by A1 CREDIT COMPANY. FRIEDMAN BILLINGS RAMSEY waiver sent on 8/3/2007, answer due 10/2/2007. (GROSS, DEBORAH) (Entered: 08/20/2007)

09/05/2007 4 NOTICE of Appearance by MARK R. ROSEN on behalf of BETSY COHEN, DANIEL COHEN, JACK E. SALMON with Certificate of Service(ROSEN, MARK) (Entered: 09/05/2007)

09/06/2007 5 NOTICE of Appearance by LEONARD BARRACK on behalf of BETSY COHEN, DANIEL COHEN, JACK E. SALMON with Certificate of Service(BARRACK, LEONARD) (Entered: 09/06/2007)

09/10/2007 6 STIPULATION AND PROPOSED ORDER by A1 CREDIT COMPANY. (GROSS, DEBORAH) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/11/2007 (nd). (Entered: 09/10/2007)

09/12/2007 7 STIPULATION AND ORDER THAT ROBERT HAYES, ESQ. IS AUTHORIZED TO ACCEPT SERVICE ON BEHALF OF DEFT RAIT FINANCIAL TRUST, WILLIAM PITTARD, ESQ. IS AUTHORIZED TO ACCEPT SERVICE ON BEHALF OF DEFTS FIEDMAN, BILLINGS, RAMSEY & CONNOLLY AND LEONARD BARRACK, ESQ. IS AUTHORIZED TO ACCEPT SERVICE ON BEHALF OF DEFTS BETSY COHEN, DANIEL G. COHEN, ELLEN J. DISTEFANO AND JACK E. SALMON AND DOES HEREBY ACCEPT SERVICE OF THE SUMMONS AND COMPLAINT IN THESE ACTIONS WITHOUT PREJUDICE AND WITHOUT WAIVER OF DEFTS' DEFENSES EXCEPT AS TO SUFFICIENCY OF SERVICE OF PROCESS. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 9/11/07. ) 9/12/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 09/12/2007)

10/01/2007 8 MOTION to Appoint Counsel AND CONSOLIDATION AND APPOINT IRONWORKERS LOCAL NO. 25 PENSION FUND, SONNY BHAKTA AND THE PISTILLI FAMILY AS LEAD PLAINTIFFS filed by A1 CREDIT COMPANY.Proposed Order, Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Proposed Order# 2 Memorandum in Support# 3 Declaration of Deborah R. Gross# 4 Exhibit A to Declaration# 5 Exhibit B to Declaration# 6 Exhibit C to Declaration# 7 Exhibit D to Declaration# 8 Exhibit E to Declaration# 9 Exhibit F to Declaration# 10 Certificate of Service)(GROSS, DEBORAH) (Entered: 10/01/2007)

10/01/2007

9 Movant Stevens Group's Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by LANCE STEVENS & RICHARD STEVENS, Memorandum, Brief, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order Proposed Order# 2 Exhibit 1 - Declaration of Brian M. Felgoise, attachments thereto)(FELGOISE, BRIAN) Modified on 10/2/2007 (fh) (Entered: 10/01/2007)

10/01/2007 10 MOTION to Appoint Counsel Employees' Retirement System of the State of Rhode Island as Lead Plaintiff, and for Consolidation of the Related Actions filed by A1 CREDIT COMPANY. Declaration AND Certificate of Service. (Attachments: # 1 Affidavit of Joseph R. Seidman, Jr. in Support of Motion# 2 Text of Proposed Order)(BERKOWITZ, GERALD) Modified on 10/2/2007 (afm, ). (Entered: 10/01/2007)

10/01/2007 11 Memorandum re 10 MOTION to Appoint Counsel Employees' Retirement System of the State of Rhode Island as Lead Plaintiff, and for Consolidation of the Related Actions MEMORANDUM IN SUPPORT OF MOTION filed by A1 CREDIT COMPANY, CERTIFICATE OF SERVICE. (BERKOWITZ, GERALD) Modified on 10/2/2007 (afm, ). (Entered: 10/01/2007)

10/01/2007 12 MOTION to Appoint Counsel for Consolidation and to Appoint The LVC Group as Lead Plaintiffs filed by LVC GROUP, Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Memorandum in Support# 3 Declaration of Jeffery L. Osterwise, Esq.# 4 Exhibit A to Declaration# 5 Exhibit B to Declaration# 6 Exhibit C to Declaration# 7 Exhibit D to Declaration# 8 Exhibit E to Declaration# 9 Certificate of Service)(PODELL, BARBARA) Modified on 10/2/2007 (nd). (Entered: 10/01/2007)

10/01/2007 13 MOTION OF BRAHMAN CAPITAL CORP. FOR (1) APPOINTMENT AS LEAD PLFF; (2) APPROVAL OF ITS SELECTION OF COUNSEL FOR THE CLASS; AND (3) CONSOLIDATION OF ALL RELATED ACTIONS, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE. (Attachments: # 1 declaration# 2 memo# 3 cos)(gn, ) (Entered: 10/02/2007)

10/03/2007 14 NOTICE of Appearance by PATRICIA A. MCCAUSLAND on behalf of RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON with Certificate of Service(MCCAUSLAND, PATRICIA) (Entered: 10/03/2007)

10/03/2007 15 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by RAIT FINANCIAL TRUST.(MCCAUSLAND, PATRICIA) (Entered: 10/03/2007)

10/03/2007 16 NOTICE of Appearance by BARBARA W. MATHER on behalf of RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON with Certificate of Service(MATHER, BARBARA) (Entered: 10/03/2007)

10/03/2007 17 NOTICE of Appearance by JAY A. DUBOW on behalf of RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON with Certificate of Service(DUBOW, JAY) (Entered: 10/03/2007)

10/03/2007 18 ORDER THAT THE ABOVE CASE SHALL APPEAR FOR A HEARING ON 10/16/07 AT 10:00AM IN COURTROOM 6A TO ADDRESS THE ISSUES RAISED IN THE ABOVE REFERENCED MOTIONS. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/1/07. ) 10/3/07 ENTERED AND COPIES MAILED, E-MAILED.(gn,

) (Entered: 10/03/2007)

10/12/2007 19 APPLICATION by EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND for pro hac vice of JOSEPH R. SEIDMAN, JR., ESQ., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) (Entered: 10/12/2007)

10/12/2007 20 APPLICATION by EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND for pro hac vice of STANLEY D. BERNSTEIN, ESQ., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) (Entered: 10/12/2007)

10/12/2007 21 APPLICATION BY EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND FOR PRO HAC VICE OF TIMOTHY J. MACFALL, ESQ., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) (Entered: 10/12/2007)

10/15/2007 22 APPLICATION/PETITION of Gerald H. Silk for Admission to Practice in This Court Pursuant to Local R. Civ. P. 83.5.2(b) by BRAHMAN CAPITAL CORP. (LIEBENBERG, ROBERTA), certificate of service. Modified on 10/16/2007 (sc, ). (Entered: 10/15/2007)

10/15/2007 23 Memorandum of Law in Further Support of the Motion of Brahman Capital Corp. for (1) Appointment as Lead Plaintiff; (2) Approval of its Selection of Counsel as Lead Counsel For the Class; and (3) Consolidation of All Related Actions and In Opposition to All Other Motions re 13 MOTION to Appoint Counsel MOTION for Approval MOTION to Consolidate Cases filed by BRAHMAN CAPITAL CORP., certificate of service. (Attachments: # 1 Certificate of Service)(LIEBENBERG, ROBERTA) Modified on 10/16/2007 (sc, ). (Entered: 10/15/2007)

10/15/2007 24 NOTICE by EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND NOTICE OF WITHDRAWAL (BERKOWITZ, GERALD) (Entered: 10/15/2007)

10/15/2007 27 ORDER THAT THE APPLICATION OF STANLEY D. BERNSTEIN, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/13/07. ) 10/16/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/16/2007)

10/15/2007 28 ORDER THAT THE APPLICATION OF JOSEPH R. SEIDMAN, JR., ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/13/07. ) 10/16/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/16/2007)

10/15/2007 29 ORDER THAT THE APPLICATION OF TIMOTHY J. MACFALL, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/13/07. ) 10/16/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/16/2007)

10/16/2007 25 RESPONSE in Support re 8 MOTION to Appoint Counsel AND CONSOLIDATION AND APPOINT IRONWORKERS LOCAL NO. 25 PENSION FUND, SONNY BHAKTA AND THE PISTILLI FAMILY AS LEAD PLAINTIFFS filed by A1 CREDIT COMPANY. (GROSS, DEBORAH) (Entered: 10/16/2007)

10/16/2007 26 Memorandum of Law in Support re 8 MOTION to Appoint Counsel AND CONSOLIDATION AND APPOINT IRONWORKERS LOCAL NO. 25 PENSION FUND, SONNY BHAKTA AND THE PISTILLI FAMILY AS LEAD PLAINTIFFS AND

IN OPPOSITION TO ALL OTHER MOTIONS filed by A1 CREDIT COMPANY. (Attachments: # 1 Certificate of Service)(GROSS, DEBORAH) (Entered: 10/16/2007)

10/16/2007 30 Minute Entry for proceedings held before Judge LEGROME D. DAVIS : Preliminary Motion Hearing held on 10/16/07. Motions under advisement. (gn, ) (Entered: 10/16/2007)

10/16/2007 31 APPLICATION BY BRAHMAN CAPITAL CORP. FOR PRO HAC VICE OF GERALD H. SILK, ESQ., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) (Entered: 10/16/2007)

10/16/2007 32 ORDER THAT THE APPLICATION OF GERALD H. SILK, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/15/07. ) 10/17/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/17/2007)

10/16/2007 33 ORDER THAT THE APPLICATION OF STANLEY D. BERNSTEIN, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/16/07. ) 10/17/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/17/2007)

10/16/2007 34 ORDER THAT THE APPLICATION OF TIMOTHY J. MACFALL, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/16/07. ) 10/17/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/17/2007)

10/16/2007 35 ORDER THAT THE APPLICATION OF JOSEPH R. SEIDMAN, JR., ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/16/07. ) 10/17/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/17/2007)

10/17/2007 36 APPLICATION FOR ADMISSION PRO HAC VICE OF LORI G. FELDMAN on behalf of LVC GROUP with SPONSOR STATEMENT AND Certificate of Service .(Attachments: # 1 Text of Proposed Order Application of Lori G. Feldman to practice in this Court# 2 Certificate of Service)(STOCK, ARTHUR) Modified on 10/17/2007 (afm, ). (Entered: 10/17/2007)

10/17/2007 37 TRANSCRIPT of Proceedings held on 10/16/07 before Judge Legrome D. Davis. ESR Reporter: Connie Flores. (gn, ) (Entered: 10/18/2007)

10/18/2007 38 RESPONSE in Support re 12 MOTION to Appoint Counsel for Consolidation and to Appoint The LVC Group as Lead Plaintiffs filed by LVC GROUP. (Attachments: # 1 Exhibit A# 2 Certificate of Service)(STOCK, ARTHUR) (Entered: 10/18/2007)

10/19/2007 39 REPLY to Response to Motion re 8 MOTION to Appoint Counsel AND CONSOLIDATION AND APPOINT IRONWORKERS LOCAL NO. 25 PENSION FUND, SONNY BHAKTA AND THE PISTILLI FAMILY AS LEAD PLAINTIFFS and in Further Support of the Motion of Brahman Capital Corp. for Appointment as Lead Plaintiff filed by BRAHMAN CAPITAL CORP. (Attachments: # 1 Declaration)(LIEBENBERG, ROBERTA) (Entered: 10/19/2007)

10/25/2007 40 ORDER THAT THE IRON WORKERS ET AL MOTION FOR CONSOLIDATION (DOC #8) IS DENIED; STEVENS GROUP'S MOTION TO CONSOLIDATE (DOC #9) IS DENIED; THE MOTION OF EMPLOYEES' RETIREMENT SYSTEM OF

THE STATE OF RHODE ISLAND FOR CONSOLIDATION ( DOC #10) IS DENIED; MOTIONOF THE LVC GROUP FOR CONSOLIDATION (DOC #12) IS DENIED; AND MOTION OF BRAHMAN CAPITAL CORP. FOR APPOINTMENT AS LEAD PLFF, APPROVAL OF ITS SELECTION OF COUNSEL AS LEAD COUNSEL FOR THE CLASS, AND CONSOLIDATION OF ALL RELATED CASES (DOC #13) IS GRANTED. THE COURT CONSOLIDATES THE FOLLOWING MATTERS C.A. 07-3236, 07-3405, 073406, 07-3478, 07-3497, 07- 3551, 07-3574 AND 07-3831 FOR ALL PURPOSES INCLUDING BUT NOT LIMITED TO DISCOVERY, PRETRIAL PROCEEDINGS AND TRIAL PROCEEDINGS, ETC. THE CLERK OF COURT IS DIRECTED TO CLOSE 07- 3236, 07-3405, 07-3406, 07-3478, 07-3497, 07-3551, 07-3574 AND 07-3831 FOR STATISTICAL PURPOSES. BRAHMAN CAPITAL IS APPOINTED TO SERVE AS LEAD PLFF. BRAHMAN CAPITAL'S SELECTION OF LEAD COUNSEL IS APPROVED, AND BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP IS APPOINTED AS LEAD COUNSEL FOR THE CLASS. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 10/25/07. )10/26/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 10/26/2007)

11/16/2007

11/16/2007

41 ORDER THAT LEAD COUNSEL SHALL FILE A CONSOLIDATED AMENDED COMPLAINT ON OR BEFORE 1/4/08. DEFTS SERVE ANY MOTIONS TO DISMISS WITHIN (45) DAYS OF THE FILING OF THE CONSOLIDATED AMENDED COMPLAINT. LEAD PLFF WILL SERVE ANY OPPOSITION TO THE MOTION TO DISMISS WITHIN (45) DAYS THEREAFTER. TO THE EXTENT THAT REPLY PAPERS ARE NECESSARY, DEFTS SHALL FILE SERVE ANY REPLY PAPERS WITIN (14) DAYS THEREAFTER. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 11/17/07. ) 11//19/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 11/19/2007)

AMENDED PLEADINGS DUE BY 1/4/2008. (gn, ) (Entered: 11/27/2007)

11/19/2007 42 APPLICATION DEFT BRAHMAN CAPITAL CORP. FOR PRO HAC VICE OF C. CHAD JOHNSON, ESQ., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) (Entered: 11/19/2007)

11/26/2007 43 ORDER THAT THE APPLICATION OF C. DHAD JOHNSON, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 11/26/07. ) 11/27/07 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 11/27/2007)

12/18/2007

12/31/2007

01/03/2008

44 APPLICATION OF JOHN RIZIO-HAMILTON TO PRACTICE PRO HAC VICE ON BEHALF OF BRAHMAN CAPITAL CORP., STATEMENT, CERTIFICATE OF SERVICE. (sc, ) (Entered: 12/19/2007)

45 ORDER THAT THE APPLICATION OF ATTORNEY JOHN RIZIO-HAMILTON FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/31/07. 1/02/08 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 01/02/2008)

46 APPLICATION OF PAUL A. KEMNITZER FOR ADMISSION PRO HAC VICE ON BEHALF OF BRAHMAN CAPITAL CORP., STATEMENT, CERTIFICATE OF SERVICE. (sc, ) (Entered: 01/04/2008)

01/04/2008 47 Disclosure Statement Form pursuant to FRCP 7.1 by BRAHMAN CAPITAL

CORP.(gn, ) (Entered: 01/07/2008)

01/04/2008

01/09/2008

01/17/2008

48 Consolidated Class Action Complaint against ELLEN J. DISTEFANO, EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III, FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBLANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., GRANT THORNTON LLP, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON, BEAR, STEARNS & CO., INC., filed by plffs' EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND, BRAHMAN CAPITAL CORP., Certificate of Service.(gn, ) (Additional attachment(s) added on 1/7/2008: # 1 part 2, # 2 part 3, # 3 part 4) (gn, ). (Entered: 01/07/2008)

49 ORDER THAT THE APPLICATION OF PAUL KEMNITZER TO PRACTICE IN THIS COURT IS GRANTED. ATTORNEY PAUL A. KEMNITZER for BRAHMAN CAPITAL CORP ADDED.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 1/9/2008. 1/10/2008 ENTERED AND COPIES MAILED, E-MAILED.(ap, ) (Entered: 01/10/2008)

50 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND.(MOMBLANCO, RIA) (Entered: 01/17/2008)

02/04/2008

51 APPLICATION BY EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND FOR PRO HAC VICE OF JOSEPH R. SEIDMAN, ESQ., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) (Entered: 02/04/2008)

02/04/2008 52 NOTICE of Appearance by PATRICIA M. HAMILL on behalf of GRANT THORNTON LLP with Certificate of Service(HAMILL, PATRICIA) (Entered: 02/04/2008)

02/04/2008 53 NOTICE of Appearance by NANCY J. GELLMAN on behalf of GRANT THORNTON LLP with Certificate of Service(GELLMAN, NANCY) (Entered: 02/04/2008)

02/04/2008

02/04/2008

02/04/2008

02/04/2008

02/04/2008

54 MOTION for Pro Hac Vice Kirk G. Hanson, Esquire filed by GRANT THORNTON LLP.Certificate of Service.(HAMILL, PATRICIA) (Entered: 02/04/2008)

55 MOTION for Pro Hac Vice of Lisa Wood, Esquire filed by GRANT THORNTON LLP.Certificate of Service.(HAMILL, PATRICIA) (Entered: 02/04/2008)

56 MOTION for Pro Hac Vice of Kristopher Neil Austin, Esquire filed by GRANT THORNTON LLP.Certificate of Service.(HAMILL, PATRICIA) (Entered: 02/04/2008)

57 MOTION for Pro Hac Vice of Shaun Skeya, Esquire filed by GRANT THORNTON LLP.Certificate of Service.(HAMILL, PATRICIA) (Entered: 02/04/2008)

58 MOTION for Pro Hac Vice of Carter D. Morse, Esquire filed by GRANT

I THORNTON LLP.Certificate of Service.(HAMILL, PATRICIA) (Entered: 02/04/2008)

02/06/2008 59 ORDER THAT THE APPLICATIONOF JOSEPH R. SEIDMAN, JR., ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/6/08. ) 2/6/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/06/2008)

02/07/2008 60 ORDER THAT DEFTS SHALL SERVE ANY MOTION TO DISMISS BY NO LATER THAN 3/10/08. PLFFS SHALL SERVE ANY OPPOSITION TO A MOTION TO DISMISS BY 5/15/08. TO THE EXTENT THAT REPLY PAPERS ARE NECESSARY, DEFTS SHALL FILE ANY REPLY PAPERS BY 6/5/08. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/6/08. ) 2/8/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/08/2008)

02/08/2008 61 Disclosure Statement Form pursuant to FRCP 7.1 by GRANT THORNTON LLP.(HAMILL, PATRICIA) (Entered: 02/08/2008)

02/26/2008 62 MOTION for Leave to File Excess Pages filed by ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON.Memorandum, Certificate of Service.(MATHER, BARBARA) (Entered: 02/26/2008)

02/26/2008 63 RESPONSE to Motion re 62 MOTION for Leave to File Excess Pages Proposed Order and Certificate of Service filed by BRAHMAN CAPITAL CORP. (RIZIO-HAMILTON, JOHN) (Entered: 02/26/2008)

02/27/2008 64 ORDER THAT THE MOTION FOR PRO HAC VICE OF KIRK G. HANSON (DOC #54) IS GRANTED AND THAT THE ABOVE MENTIONED COUNSEL ARE ADMITTED PRO HAC VICE FOR THE PURPOSE OF REPRESENTING DEFT GRANT THORNTON LLP. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/27/08. ) 2/27/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/27/2008)

02/27/2008 65 ORDER THAT THE MOTION FOR PRO HAC VICE OF LISA WOOD (DOC #55) IS GRANTED AND THAT THE ABOVE MENTIONED COUNSEL ARE ADMITTED PRO HAC VICE FOR THE PURPOSE OF REPRESENTING DEFT GRANT THORNTON LLP. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/27/08.) 2/27/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/27/2008)

02/27/2008 66 ORDER THAT THE MOTION FOR PRO HAC VICE OF KRISTOPHER NEIL AUSTIN (DOC #56) IS GRANTED AND THAT THE ABOVE MENTIONED COUNSEL ARE ADMITTED PRO HAC VICE FOR THE PURPOSE OF REPRESENTING DEFT GRANT THORNTON LLP. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/27/08. ) 2/27/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/27/2008)

02/27/2008 67 ORDER THAT THE MOTION FOR PRO HAC VICE OF SHAUN SKEYA (DOC #57) IS GRANTED AND THAT THE ABOVE MENTIONED COUNSEL ARE ADMITTED PRO HAC VICE FOR THE PURPOSE OF REPRESENTING DEFT GRANT THORNTON LLP. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/27/08. ) 2/27/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/27/2008)

02/27/2008 68 ORDER THAT THE MOTION FOR PRO HAC VICE OF CARTER D. MORSE

(DOC #58) IS GRANTED AND THAT THE ABOVE MENTIONED COUNSEL ARE ADMITTED PRO HAC VICE FOR THE PURPOSE OF REPRESENTING DEFT GRANT THORNTON LLP. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/27/08. ) 2/28/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/28/2008)

02/29/2008 69 ORDER THAT DEFTS' MOTION FOR LEAVE TO FILE EXCESS PAGES IS GRANTED, ETC. (. SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/28/08. ) 3/3/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 03/03/2008)

03/10/2008 70 MOTION to Dismiss filed by GRANT THORNTON LLP.Memorandum, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit of Kirk G. Hanson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(GELLMAN, NANCY) (Entered: 03/10/2008)

03/10/2008 71 MOTION to Dismiss filed by EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III.Motion.(BARRACK, LEONARD) (Entered: 03/10/2008)

03/10/2008 72 Memorandum in Support of MOTION to Dismiss filed by EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III.Memorandum.(BARRACK, LEONARD) Modified on 3/11/2008 (nd). (Entered: 03/10/2008)

03/10/2008 73 Declaration RE: MOTION to Dismiss filed by EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III, Declaration.(BARRACK, LEONARD) Modified on 3/11/2008 (nd). (Entered: 03/10/2008)

03/10/2008 74 Proposed Order RE: Motion to Dismiss filed by EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III. (BARRACK, LEONARD) Modified on 3/11/2008 (nd). (Entered: 03/10/2008)

03/10/2008 75 Certificate of Service RE: MOTION to Dismiss filed by EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III, Certificate of Service.(BARRACK, LEONARD) Modified on 3/11/2008 (nd). (Entered: 03/10/2008)

03/10/2008 76 MOTION to Dismiss filed by ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON.. (Attachments: # 1 Memorandum Of Law, # 2 Text of Proposed Order, # 3 Certificate Of Service, # 4 APPENDIX OF EXHIBITS, # 5 Exhibit 1, # 6 Exhibit 2-3, # 7 Exhibit 4-14, # 8 Exhibit 15-21, # 9 Exhibit 22-23, # 10 Exhibit 24, # 11 Exhibit 25-26, # 12 Exhibit 27, # 13 Exhibit 27(continued)-32, # 14 Exhibit 33(A)-(C))(MATHER, BARBARA) (Entered: 03/10/2008)

03/10/2008 77 MOTION to Dismiss Consolidated Class Action Complaint filed by FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBANC

CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., BEAR, STEARNS & CO., INC..Memorandum of Law, Certificate of Service. (Attachments: # 1 Appendix of Exhibits - Cover, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(SALTZ, JEFFREY) (Entered: 03/10/2008)

05/15/2008 78 RESPONSE in Opposition re 70 MOTION to Dismiss, 77 MOTION to Dismiss Consolidated Class Action Complaint , 76 MOTION to Dismiss, 71 MOTION to Dismiss filed by BRAHMAN CAPITAL CORP. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Certificate of Service)(RIZIO-HAMILTON, JOHN) (Entered: 05/15/2008)

05/21/2008 79 APPLICATION FOR PRO HAC VICE OF JOHN CHRISTOPHER BROWNE, ESQ. BY BRAHMAN CAPITAL CORP., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) (Entered: 05/21/2008)

05/21/2008 80 NOTICE of Withdrawal of Appearance by BENJAMIN F. JOHNS on behalf of CHARLOTTE H. COLLUMS(JOHNS, BENJAMIN) (Entered: 05/21/2008)

05/21/2008 81 NOTICE of Withdrawal of Appearance by KIMBERLY M. DONALDSON on behalf of CHARLOTTE H. COLLUMS(DONALDSON, KIMBERLY) (Entered: 05/21/2008)

05/22/2008 82 ORDER THAT THE APPLICATION OF JOHN CHRISTOPHER BROWNE, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 5/22/08. ) 5/22/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 05/22/2008)

05/22/2008 83 MOTION for Leave to File Excess Pages filed by ELLEN J. DISTEFANO, FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON, BEAR, STEARNS & CO., INC..Memorandum and Certificate of Service. (Attachments: # 1 Exhibit 1 and 2)(MATHER, BARBARA) (Entered: 05/22/2008)

05/23/2008 84 RESPONSE in Opposition re 83 MOTION for Leave to File Excess Pages filed by BRAHMAN CAPITAL CORP. (Attachments: # 1 Text of Proposed Order)(JOHNSON, C.) (Entered: 05/23/2008)

05/23/2008 85 CERTIFICATE OF SERVICE by BRAHMAN CAPITAL CORP re 84 Response in Opposition to Motion (JOHNSON, C.) (Entered: 05/23/2008)

05/30/2008 86 ORDER THAT THE MOTION FOR LEAVE TO FILE EXCESS PAGES (DOC #83) IS GRANTED, ETC. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 5/30/08.) 5/30/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 05/30/2008)

06/05/2008 87 REPLY to Response to Motion re 70 MOTION to Dismiss filed by GRANT THORNTON LLP., AFFIDAVIT AND CERTIFICATE OF SERVICE. (Attachments: # 1 Supplemental Affidavit of Kirk G. Hanson, # 2 Attachment A to Hanson Aff., # 3 Attachment B to Hanson Aff., # 4 Attachment C to Hanson Aff.)(AUSTIN,

FI I KRISTOPHER) Modified on 6/9/2008 (afm, ). (Entered: 06/05/2008)

06/05/2008 88 REPLY to Response to Motion re 77 MOTION to Dismiss Consolidated Class Action Complaint filed by EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III., CERTIFICATE OF SERVICE. (ROSEN, MARK) Modified on 6/9/2008 (afm, ). (Entered: 06/05/2008)

06/05/2008 89 REPLY to Response to Motion re 76 MOTION to Dismiss filed by ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON, CERTIFICATE OF SERVICE. (Attachments: # 1 Appendix Exhibits 34 to 37, # 2 Appendix Exhibits 38 to 40, # 3 Appendix Exhibit 41, # 4 Appendix Exhibits 42 to 45, # 5 Appendix Exhibits 46 to 50, # 6 Certificate of Service)(MATHER, BARBARA) Modified on 6/9/2008 (afm, ). (Entered: 06/05/2008)

06/05/2008 90 REPLY to Response to Motion re 77 MOTION to Dismiss Consolidated Class Action Complaint filed by FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., BEAR, STEARNS & CO., INC., CERTIFICATE OF SERVICE. (Attachments: # 1 Certificate of Service)(SALTZ, JEFFREY) Modified on 6/9/2008 (afm, ). (Entered: 06/05/2008)

06/17/2008 91 NOTICE of Appearance by ROBIN P. SUMNER on behalf of ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON with Certificate of Service(SUMNER, ROBIN) (Entered: 06/17/2008)

06/17/2008 92 MOTION for Leave to File Supplemental Brief filed by ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON.Memorandum,Certificate of Service,Exhibit A,Proposed Order.(MATHER, BARBARA) (Entered: 06/17/2008)

06/23/2008 93 ORDER THAT THE MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF (DOC #92) IS GRANTED AND THE CLERK OF THE COURT IS DIRECTED TO ENTER RAIT DEFTS' SUPPLEMENTAL BRIEF (DOC #92, EXHIBIT A) ONTO THE DOCKET. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 6/23/08. ) 6/24/08 ENTERED AND COPIES MAILED, E-MAILED. (gn, ) (Entered: 06/24/2008)

06/23/2008 94 Supplemental Brief Noting New Authority in support of the motion to dismiss of defts' ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON. (gn, ) (Entered: 06/24/2008)

06/27/2008 95 MOTION for Leave to File A Response To Rait Defendants Supplemental Brief filed by BRAHMAN CAPITAL CORP.Response. (Attachments: # 1 Certificate of Service)(BROWNE, JOHN) (Entered: 06/27/2008)

06/30/2008 96 ORDER THAT PLFF'S MOTION FOR LEAVE TO FILE A RESPONSE TO THE RAIT DEFTS' SUPPLEMENTAL BRIEF (DOC #95) IS GRANTED. THE CLERK OF THE COURT IS DIRECTED TO ENTER LEAD PLFF'S RESPONSE (DOC #95,

EXHIBIT A) ONTO THE DOCKET. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 6/30/08. ) 7/1/08 ENTERED AND COPIES E-MAILED.(gn, ) (Entered: 07/01/2008)

06/30/2008

97 Response to the RAIT defts' Supplemental Brief, filed by plff BRAHMAN CAPITAL CORP. (gn, ) (Entered: 07/01/2008)

09/25/2008 98 NOTICE of Withdrawal of Appearance by JAY A. DUBOW on behalf of ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON(DUBOW, JAY) (Entered: 09/25/2008)

11/17/2008 99 MOTION for Leave to File Defendants Motion for Leave to File Second Supplemental Memorandum of Law in Support of Their Motions to Dismiss the Consolidated Class Action Complaint filed by ELLEN J. DISTEFANO, EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III, FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., GRANT THORNTON LLP, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON, BEAR, STEARNS & CO., INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Second Supplemental Memorandum, # 3 Exhibit Fremont General Opinion)(SALTZ, JEFFREY) (Entered: 11/17/2008)

12/08/2008 100 ORDER THAT DEFENDANTS' MOTION FOR LEAVE TO FILE A SECOND SUPPLEMENTAL MEMORANDUM OF LAW IS GRANTED. THE CLERK OF THE COURT IS DIRECTED TO ENTER DEFENDANTS' SECOND SUPPLEMENTAL MEMORANDUM (DOC. NO.99, EXHIBIT A) ONTO THE DOCKET. SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/8/08.12/9/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 12/09/2008)

12/08/2008 101 Second Supplemental Memorandum of Law in Support of Defendants' Motions to Dismiss the Consolidated Class Action Complaint. (fdc) (Entered: 12/09/2008)

12/12/2008 102 MOTION for Leave to File Response to Defendants' Second Supplemental Brief filed by BRAHMAN CAPITAL CORP.. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit A- Lead Plaintiffs' Response to Defendants' Second Supplemental Brief, # 3 Exhibit 1, # 4 Exhibit 2)(JOHNSON, C.) Modified on 12/15/2008 (ac, ). (RESPONSE FILED AS EXHIBIT A) (Entered: 12/12/2008)

12/12/2008 103 CERTIFICATE OF SERVICE by BRAHMAN CAPITAL CORP re 102 MOTION for Leave to File Response to Defendants' Second Supplemental Brief (JOHNSON, C.) (Entered: 12/12/2008)

12/15/2008 104 ORDER THAT PLFF'S MOTION FOR LEAVE TO FILE A RESPONSE IS GRANTED. THE CLERK OF THE COURT IS DIRECTED TO ENTER LEAD PLFF'S RESPONSE TO DEFTS' SECOND SUPPLEMENTAL BRIEF (DOC #102) EXHIBIT A) AND ALL EXHIBITS THERETO (DEC #102), EXHIBIT 1 AND 2) ONTO THE DOCKET. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/15/08. ) 12/16/08 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) Modified on 12/16/2008 (gn, ). (Entered: 12/16/2008)

12/15/2008 105 Response to defts' second supplemental brief, filed by plff BRAHMAN CAPITAL CORP. (gn, ) (Entered: 12/16/2008)

12/22/2008 106 MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED WITH RESPECT TO PLAINTIFFS' CLAIM ALLEGING A DUTY TO UPDATE OR A DUTY TO CORRECT UNDER COUNT ONE. DEFENDANTS' MOTIONS TO DISMISS ARE OTHERWISE DENIED WITH RESPECT TO COUNT ONE. DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED WITH RESPECT TO COUNTS FOUR, FIVE, AND SIX. THESE COUNTS ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF STANDING. DEFENDANTS' MOTIONS TO DISMISS ARE DENIED WITH RESPECT TO COUNTS TWO, THREE, SEVEN, AND EIGHT. IT IS FURTHER ORDERED THAT PLAINTIFFS SHALL FILE ANY AMENDED COMPLAINT ON OR BEFORE FRIDAY, 1/30/09. SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/22/08. (Attachments: # 1 order) 12/23/08 ENTERED AND COPIES MAILED AND E-MAILED.(fdc) (Entered: 12/23/2008)

12/22/2008 ***Set/Reset Deadlines: AMENDED PLEADINGS DUE BY 1/30/2009. (fdc, ) (Entered: 12/23/2008)

01/06/2009 Copy of Memorandum and Order dated 12/22/08 and the envelope returned by the U.S. Postal Service and addressed to Mario Alba for the following reason: Return to Sender - Not deliverable as addressed. (gn, ) (Entered: 01/06/2009)

01/26/2009 107 MOTION for Certificate of Appealability filed by ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON.Memorandum and Certificate of Service.(MATHER, BARBARA) (Entered: 01/26/2009)

01/28/2009 108 NOTICE of Withdrawal of Appearance by SHAUN SKEYA on behalf of GRANT THORNTON LLP(SKEYA, SHAUN) (Entered: 01/28/2009)

02/12/2009 109 RESPONSE in Opposition re 107 MOTION for Certificate of Appealability filed by BRAHMAN CAPITAL CORP. (Attachments: # 1 Certificate of Service)(JOHNSON, C.) (Entered: 02/12/2009)

02/13/2009 110 ORDER THAT THE STIPUALTION IS GRANTED AS FOLLOWS: COUNSEL FOR ALL PARTIES SHALL HOLD THEIR RULE 26(f) CONFERENCE ON OR BEFORE 2/20/09. COUNSEL FOR ALL PARTIES SHALL SUBMIT THEIR JOINT SCHEDULING INFORMATION REPORT BEFORE THE RULE 16 CONFERENCE ON 3/2/09. COUNSEL FOR ALL PARTIES SHALL ATTEND A RULE 16 CONFERENCE WITH THE COURT ON 3/2/09 AT 4:00PM IN COURTROOM 6A. DEFTS SHALL FILE THEIR ANSWERS TO THE CONSOLIDATED COMPLAINT ON OR BEOFRE 3/16/09. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/12/09. ) 2/13/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 02/13/2009)

02/26/2009 111 MOTION for Entry of Judgment under Rule 54(b) filed by GRANT THORNTON LLP.Memorandum, Certificate of Service.(HANSON, KIRK) (Entered: 02/26/2009)

02/26/2009 112 APPLICATION OF PRO HAC VICE OF HOWARD W. GUTMAN, ESQ. FOR DEFTS' FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, KEYBANC CAPITAL MARKETS,

STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., BEAR, STEARNS & CO., INC. STATEMENT, CERTIFICATE OF SERVICE. (gn, ) Modified on 2/27/2009 (gn, ). ($40.00 Paid Receipt #955418) (Entered: 02/27/2009)

02/26/2009 113 APPLICATION FOR PRO HAC VICE OF MEAGAN L. FITZSIMMONS, ESQ. FOR DEFTS' FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., BEAR, STEARNS & CO., INC., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) Modified on 2/27/2009 (gn, ). ($40.00 Paid Receipt #955419) (Entered: 02/27/2009)

02/26/2009 114

02/26/2009 115

APPLICATION FOR PRO HAC VICE OF STEVEN M. FARINA, ESQ. FOR DEFTS' FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., BEAR, STEARNS & CO., INC., STATEMENT, CERTIFICATE OF SERVICE. (gn, ) Modified on 2/27/2009 (gn, ). ($40.00 Paid Receipt #955420) (Entered: 02/27/2009)

APPLICATION FOR PRO HAC VICE OF DANIEL M. DOCKERY, ESQ. FOR DEFTS' FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., BEAR, STEARNS & CO., INC., STATEMENT, CERTIFICATE OF SERVICE. ($40.00 Paid Receipt #955421) (gn, ) (Entered: 02/27/2009)

02/27/2009 116 Discovery Plan by BRAHMAN CAPITAL CORP. with Certificate of Service. (Attachments: # 1 Certificate of Service)(JOHNSON, C.) Modified on 3/2/2009 (le, ). (Entered: 02/27/2009)

03/03/2009 117 AMENDED NOTICE OF HEARING:RULE 16 PRETRIAL CONFERENCE SET FOR WEDNESDAY 3/11/2009 12:00 PM IN JUDGE'S CHAMBERS ROOM 66614 BEFORE HONORABLE LEGROME D. DAVIS.(cls, ) (Entered: 03/03/2009)

03/04/2009 118 MOTION for Entry of Judgment under Rule 54(b) filed by PIPER JAFFRAY & CO..Memorandum, Certificate of Service.(SALTZ, JEFFREY) (Entered: 03/04/2009)

03/10/2009 119 ORDER THAT THE APPLICATION OF HOWARD W. GUTMAN, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/4/09. ) 3/11/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 03/11/2009)

03/10/2009 120 ORDER THAT THE APPLICATION OF MEAGAN L. FITZSIMMONS, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/4/09. ) 3/11/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 03/11/2009)

03/10/2009 121 ORDER THAT THE APPLICATION OF STEVEN M. FARINA, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/4/09. ) 3/11/09 ENTERED AND COPIES MAILED, E-

MAILED.(gn, ) (Entered: 03/11/2009)

03/10/2009 122 ORDER THAT THE APPLICATION OF DANIEL M. DOCKERY, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/4/09. ) 3/11/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 03/11/2009)

03/16/2009 123 ANSWER to 48 Amended Complaint,,, by EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III.(ROSEN, MARK) (Entered: 03/16/2009)

03/16/2009 124 RESPONSE in Opposition re 111 MOTION for Entry of Judgment under Rule 54(b), 118 MOTION for Entry of Judgment under Rule 54(b) filed by BRAHMAN CAPITAL CORP. (Attachments: # 1 Certificate of Service)(JOHNSON, C.) (Entered: 03/16/2009)

03/16/2009 125 ANSWER to 48 Amended Complaint,,, Securities Act Claims by ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON.(MATHER, BARBARA) (Entered: 03/16/2009)

03/16/2009 126 ANSWER to Complaint Exchange Act Claims by RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON.(MATHER, BARBARA) (Entered: 03/16/2009)

03/16/2009 127 ANSWER to 48 Amended Complaint,,, by FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., RBC DAIN RAUSCHER, INC., FRIEDMAN BILLINGS RAMSEY, BEAR, STEARNS & CO., INC..(DOCKERY, DANIEL) (Entered: 03/16/2009)

03/16/2009 128 CASE MANAGEMENT ORDER THAT ALL PARTIES SHALL EXCHANGE INITIAL DISCLOSURES ON OR BEFORE 3/16/09. MOTIONS TO JOIN OTHER PARTIES OR TO AMEND PLEADINGS SHALL BE FILED ON OR BEFORE 9/18/2009. LEAD PLFF SHALL FILE ITS MOTION FOR CLASS CERTIFICATION ON OR BEFORE 8/15/09. A HEARING ON CLASS CERTIFICATION SHALL COMMENCE AT 10:00AM ON 12/7/09, AND SHALL BE HELD IN COURTROOM 6A. DISCOVERY DUE BY 12/15/2009. ANY DAUBERT MOTIONS DUE BY 4/15/2010. ALL MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED ON OR BEFORE 4/15/10, ETC. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/12/09. ) 3/17/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 03/17/2009)

03/16/2009 129 ORDER THAT DEFTS RAIT FINANCIAL TRUST, BETSY Z. COHEN, DANIEL G. COHEN, ELLEN J. DISTEFANO, AND JACK SALMON'S MOTION FOR CERTIFICATION IS DENIED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/16/09. ) 3/17/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 03/17/2009)

03/25/2009 130 MOTION for Leave to File Reply Memorandum of Law in Support of the Motions of Grant Thornton and Piper Jaffray & Co. for Entry of Final Judgment Under Rule 54(b) filed by PIPER JAFFRAY & CO., GRANT THORNTON LLP.. (Attachments:

# 1 Reply Memorandum, # 2 Certificate of Service)(DOCKERY, DANIEL) (Entered: 03/25/2009)

03/26/2009 131 Minute Entry for proceedings held before HONORABLE LEGROME D. DAVIS: Pretrial Conference held on 3/11/09. (gn, ) (Entered: 03/27/2009)

03/27/2009 132 Minute Entry for proceedings held before HONORABLE LEGROME D. DAVIS: Rule 16 Conference held on 3/2/09. (gn, ) Modified on 3/30/2009 (gn, ). (Entered: 03/30/2009)

03/31/2009 133 ORDER THAT DEFTS MOTION FOR LEAVE TO FILE REPLY MEMORANDUM OF LAW (DOC #130) IS GRANTED. THE PROPOSED REPLY IS ATTACHED TO THE INSTANT MOTION. THE CLERK OF THE COURT IS DIRECTED TO ENTER DEFTS GRANT THORNTON LLP AND PIPER JAFFRAY & CO.'S REPLY MEMORANDUM OF LAW ONTO THE DOCKET. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/30/09. ) 3/31/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 03/31/2009)

03/31/2009 134 Reply Memorandum of Law in support of themotions of GRANT THORNTON AND PIPER JAFFRAY & CO. for entry of Final Judgment Under Rule 54(b), FILED BY PIPER JAFFRAY & CO., GRANT THORNTON LLP. (gn, ) (Entered: 03/31/2009)

04/20/2009 135 MOTION to Substitute Attorney Plaintiff Employees' Retirement System Of The State of Rhode Island's Motion to Substitute Counsel filed by EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND.Certificate of Service.(GRANT, STUART) (Entered: 04/20/2009)

04/24/2009 136 ORDER THAT PLFF'S MOTION TO SUBSTITUTE ATTORNEY IS GRANTED. THE WITHDRAWAL OF STANLEY D. BERNSTEIN, TIMOTHY J. MACFALL, & JSOEPH R. SEIDMAN, jR. OF BERNSTEIN LIEBHARD LLP AND THE SUBSTITUTIONOF STUART M. GRANTE OF GRANT & EISENHOFER, PA AS COUNSEL OF RECORD FOR PLFF ERS IS HEREBY ARRPOVED. (. SIGNED BY HONORABLE LEGROME D. DAVIS ON 4/23/09. ) 4/27/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 04/27/2009)

05/29/2009 137 ORDER THAT THE DEADLINES IMPOSED BY THE CASE MANAGEMENT ORDER (DOC #128) SHALL BE STAYED UNTIL FURTHER NOTICE. LEAD PLFF SHALL CONTINUE WITH "CONFIRMATORY DISCOVERY," AS DESCRIBED IN THE CORRESPONDENCE MENTIONED ABOVE, ETC. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 5/29/09. ) 6/1/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 06/01/2009)

06/29/2009 138 ORDER THAT DEFT GRANT THORNTON'S MOTION FOR ENTRY OF JUDGMENT OF FINAL JUDGMENT (DOC #111) AND DEFT PIPER JAFFRAY & CO.'S MOTION MOTION FOR ENTRY OF JUDGMENT UNDER RULE 54(b) ARE DENIED WITHOUT PREJUDICE. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 6/24/09. ) 6/30/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 06/30/2009)

07/15/2009 139 NOTICE OF LEAD PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES AND APPROVAL OF NOTICE TO THE CLASS filed by BRAHMAN CAPITAL CORP.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(JOHNSON, C.)

Modified on 7/17/2009 (fh) (Entered: 07/15/2009)

07/15/2009 140 Memorandum OF LAW IN SUPPORT re 139 MOTION NOTICE OF LEAD PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES AND APPROVAL OF NOTICE TO THE CLASS filed by BRAHMAN CAPITAL CORP. (JOHNSON, C.) (Entered: 07/15/2009)

07/15/2009 141 CERTIFICATE OF SERVICE by BRAHMAN CAPITAL CORP re 139 MOTION I NOTICE OF LEAD PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES AND APPROVAL OF NOTICE TO THE CLASS, 140 Memorandum, (JOHNSON, C.) (Entered: 07/15/2009)

07/28/2009

08/03/2009

08/07/2009

08/07/2009

142 NOTICE of Withdrawal of Appearance by CARTER D. MORSE on behalf of GRANT THORNTON LLP(MORSE, CARTER) (Entered: 07/28/2009)

143 ORDER THAT, ON OR BEFORE 9/4/09, COUNSEL SHALL ADDRESS THE ISSUE OF CONSISTENCY BETWEEN THE CLASS PROPOSED BY THE STIPULATION AND AGREEMENT OF SETTLMENT SUBMITTED BY THE PARTIES AND THIS COURT'S DISMISSAL OF COUNTS FOUR THROUGH SIX IN OUR 12/22/08 ORDER. THE MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, CERTIFICATIONOF THE CLASS FOR SETTLEMENT PURPOSES, AND APPROVAL OF NOTICE TO THE CLASS (DOC. NOS 139, 140) REMAINS UNDER THE COURT'S CONSIDERATION. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 8/3/09. ) 8/4/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 08/04/2009)

144 Response Notice of Filing by BRAHMAN CAPITAL CORP. (JOHNSON, C.) (Entered: 08/07/2009)

145 CERTIFICATE OF SERVICE by BRAHMAN CAPITAL CORP re 144 Response (JOHNSON, C.) (Entered: 08/07/2009)

08/13/2009 146 Response re 143 Order,, by ELLEN J. DISTEFANO, EDWARD S. BROWN, FRANK A. FARNESI, S. KRISTIN KIM, ARTHUR MAKADON, DANIEL PROMISLO, JOHN F. QUIGLEY, III, MURRAY STEMPEL, III, FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON, BEAR, STEARNS & CO., INC.. (MATHER, BARBARA) (Entered: 08/13/2009)

08/17/2009 147 NOTICE of Withdrawal of Appearance by HOWARD W. GUTMAN on behalf of FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., BEAR, STEARNS & CO., INC., Certificate of Service.(gn, ) (Entered: 08/18/2009)

09/04/2009 148 ORDER PRELIMINARY APPROVING SETTLEMENT AND SETTING

09/09/2009

09/14/2009 149

SETTLEMENT HEARING AS OUTLINED HERE IN.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 9/4/09. 9/8/09 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/08/2009)

SETTLEMENT CONFERENCE SET FOR 12/10/2009 10:00 AM BEFORE HONORABLE LEGROME D. DAVIS. (rf, ) (Entered: 09/10/2009)

MOTION to Modify Order Entered September 8, 2009 filed by FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., FBR CAPITAL MARKETS CORP., UBS SECURITIES LLC, RBC CAPITAL MARKETS CORPORATION, KEYBANC CAPITAL MARKETS, STIFEL, NICOLAUS & COMPANY, INC., BMO CAPITAL MARKETS CORP., PIPER JAFFRAY & CO., RBC DAIN RAUSCHER, INC., BEAR, STEARNS & CO., INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(DOCKERY, DANIEL) (Entered: 09/14/2009)

09/24/2009 150 ORDER THAT THE CLASS CERTIFICATION HEARING SCHEDULED FOR 12/7/09 BY OUR 3/12/09 CASE MANAGEMENT ORDER (DOC #128) IS CANCELLED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 9/23/09 9/24/09 ENTERED AND COPIES MAILED, E-MAILED. (gn, ) (Entered: 09/24/2009)

09/24/2009 151 ORDER THAT THE UNOPPOSED MOTION TO MODIFY (DOC #149) IS GRANTED. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 9/23/09. ) 9/24/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 09/24/2009)

11/20/2009 152 NOTICE of Withdrawal of Appearance by PATRICIA A. MCCAUSLAND on behalf of ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON(MCCAUSLAND, PATRICIA) (Entered: 11/20/2009)

12/03/2009 153 Memorandum Of Law In Support Of Final Approval Of Settlement Of Class Action by ELLEN J. DISTEFANO, RAIT FINANCIAL TRUST, BETSY COHEN, DANIEL COHEN, JACK E. SALMON. (MATHER, BARBARA) (Entered: 12/03/2009)

12/03/2009 154 MOTION for Approval, MOTION for Attorney Fees, MOTION for Settlement filed by BRAHMAN CAPITAL CORP..(JOHNSON, C.) (Entered: 12/03/2009)

12/03/2009 155 Memorandum of Law in Support of Lead Plaintiffs Motions for Final Approval of Proposed Settlement and for Approval of Proposed Plan of Allocation re 154 MOTION for Approval MOTION for Attorney Fees MOTION for Settlement filed by BRAHMAN CAPITAL CORP. (JOHNSON, C.) (Entered: 12/03/2009)

12/03/2009 156 Memorandum of Law in Support of Lead Counsels Motion for an Award of Attorneys Fees and Reimbursement of Litigation Expenses re 154 MOTION for Approval MOTION for Attorney Fees MOTION for Settlement filed by BRAHMAN CAPITAL CORP. (JOHNSON, C.) (Entered: 12/03/2009)

12/03/2009 157 Declaration of Chad Johnson and John C. Browne in Support of Lead Plaintiffs Motions for Final Approval of Proposed Settlement and for Approval ofProposed Plan of Allocation and Lead Counsels Motion for an Award of Attorneys Fees and Reimbursement of Litigation Expenses by BRAHMAN CAPITAL CORP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(JOHNSON, C.) (Entered: 12/03/2009)

12/03/2009 158 CERTIFICATE OF SERVICE by BRAHMAN CAPITAL CORP re 156 Memorandum, 155 Memorandum, 154 MOTION for Approval MOTION for Attorney Fees MOTION for Settlement, 157 Declaration, (JOHNSON, C.) (Entered: 12/03/2009)

12/14/2009 159 ORDER THAT AWARDING ATTORNEYS' FEES AND LITIGATION EXPENSES AS OUTLINED HEREIN.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/10/09. 12/14/09 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) (Entered: 12/14/2009)

12/14/2009 160 ORDER THAT THIS JUDGEMENT HEREBY INCORPORATES BY REFERENCE THE DEFINITIONS IN THE STIPULATION AND ALL TERMS HEREIN SHALLHAVE THE SAME MEANINGS AS SET FORTH IN STIPULATION. THIS COURT HAS JURISDICTION TO ENTER THIS JUDGEMENT. THE COURT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE CONSOLIDATE ACTION AND OVER ALL PARTIES TO THE CONSOLIDATED ACTION, INCLUDING ALL CLASS MEMBERS (OUTLINED HEREIN). THE COMPLAINT IS HEREBY DISMISSED WITH PREJUDICE AS AGAINST THE RELEASED PARTIES AND WITHOUT COSTS EXCEPT FOR THE PAYMENTS EXPRESSLY PROVIDED FOR IN THE STIPULATION. THERE IS NO JUST REASON FOR DELAY IN THE ENTRY OF THIS JUDGMENT AND IMMEDIATE ENTRY BY THE CLERK OF THE COURT IS EXPRESSLY DIRECTED. SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/10/09. 12/14/09 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) (Entered: 12/14/2009)

09/15/2010 161 MOTION for Approval LEAD PLAINTIFFS MOTION FOR APPROVAL OF DISTRIBUTION PLAN filed by BRAHMAN CAPITAL CORP.. (Attachments: # 1 Text of Proposed Order)(BROWNE, JOHN) (Entered: 09/15/2010)

09/15/2010 162 Memorandum in Support re 161 MOTION for Approval LEAD PLAINTIFFS MOTION FOR APPROVAL OF DISTRIBUTION PLAN filed by BRAHMAN CAPITAL CORP. (BROWNE, JOHN) (Entered: 09/15/2010)

09/15/2010 163 AFFIDAVIT in Support re 161 MOTION for Approval LEAD PLAINTIFFS MOTION FOR APPROVAL OF DISTRIBUTION PLAN Declaration of Stephen J. Cirami in Support of Lead Plaintiffs Motion For Approval of Distribution Plan filed by BRAHMAN CAPITAL CORP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(BROWNE, JOHN) (Entered: 09/15/2010)

09/15/2010 164 CERTIFICATE OF SERVICE by BRAHMAN CAPITAL CORP re 161 MOTION for Approval LEAD PLAINTIFFS MOTION FOR APPROVAL OF DISTRIBUTION PLAN , 162 Memorandum, 163 Affidavit in Support of Motion, (BROWNE, JOHN) (Entered: 09/15/2010)

09/21/2010 165 ORDER THAT THIS COURT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE ACTION AND OVER ALL PARTIES TO THE ACTION, INCLUDING AL CLASS MEMBERS. LEAD PLFF'S PLAN FOR DISTRIBUTION OF THE NET SETTLEMENT FUND TO AUTHORIZED CLAIMANTS IS APPROVED, ETC. ( SIGNED BY HONORABLE LEGROME D. DAVIS ON 9/21/10. ) 9/22/10 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered: 09/22/2010)

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