U.S. District Court Eastern District of Virginia...

45
US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern District of Virginia (Alexandria) CIVIL DOCKET FOR CASE #: 00-CV-1850 Harvey, et al v. PSINet, Inc., et al Filed: 11/03/00 Assigned to: Judge Leonie M. Brinkema Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act CHARLENE F. HARVEY, Paul Thomas Gallagher Individually and on Behalf of [COR LD NTC] All Others Similarly Situated Cohen Milstein Hausfeld & Toll plaintiff PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005-3965 (202) 408-4600 DAVID GOLDIN, Individaully and Paul Thomas Gallagher on Behalf of All Others (See above) Similarly Situated [COR LD NTC] plaintiff MYRON HARRIS, Individually and Paul Thomas Gallagher on Behalf of All Others (See above) Similarly Situated [COR LD NTC] plaintiff EDWARD P. CLAYMAN, Paul Thomas Gallagher Individually and on behalf of (See above) all others similarly situated [COR LD NTC] plaintiff BONNIE CLAYMAN, Individually Paul Thomas Gallagher and on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff BERT ZAUDERER, Individually Paul Thomas Gallagher and on behalf of all others (See above) similarly situated [COR LD NTC]

Transcript of U.S. District Court Eastern District of Virginia...

Page 1: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

US District Court Civil Docket as of 9/17/2004

U.S. District Court Eastern District of Virginia

(Alexandria) CIVIL DOCKET FOR CASE #: 00-CV-1850

Harvey, et al v. PSINet, Inc., et al

Filed: 11/03/00

Assigned to: Judge Leonie M. Brinkema Jury demand: Plaintiff

Demand: $0,000 Nature of Suit: 850 Lead Docket: None

Jurisdiction: Federal Question Dkt# in other court: None

Cause: 15:78m(a) Securities Exchange Act

CHARLENE F. HARVEY, Paul Thomas Gallagher Individually and on Behalf of [COR LD NTC] All Others Similarly Situated Cohen Milstein Hausfeld & Toll plaintiff PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005-3965 (202) 408-4600 DAVID GOLDIN, Individaully and Paul Thomas Gallagher on Behalf of All Others (See above) Similarly Situated [COR LD NTC] plaintiff MYRON HARRIS, Individually and Paul Thomas Gallagher on Behalf of All Others (See above) Similarly Situated [COR LD NTC] plaintiff EDWARD P. CLAYMAN, Paul Thomas Gallagher Individually and on behalf of (See above) all others similarly situated [COR LD NTC] plaintiff BONNIE CLAYMAN, Individually Paul Thomas Gallagher and on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff BERT ZAUDERER, Individually Paul Thomas Gallagher and on behalf of all others (See above) similarly situated [COR LD NTC]

Page 2: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

plaintiff CHAYA MARKOWITZ, Individually Steven Jeffrey Toll and on behalf of all other [COR LD NTC] similarly situated Paul Thomas Gallagher plaintiff (See above) [COR LD NTC] Cohen Milstein Hausfeld & Toll PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005-3965 (202) 408-4600 RICHARD R. DEWEY, JR., Steven Jeffrey Toll Individually and on behalf of (See above) all others similarly situated [COR LD NTC] plaintiff JOEL J. KOFSKY, Individually, Steven Jeffrey Toll and on behalf of all other (See above) similarly situated [COR LD NTC] plaintiff Elizabeth Haines Cronise Below Address Terminated on 5/28/04 [COR LD NTC] Cohen Milstein Hausfeld & Toll PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005-3965 (202) 408-4600 MYRA FRIEDLAND, individually Steven Jeffrey Toll and on behalf of all those (See above) similarly situated [COR LD NTC] plaintiff ADAM DARROW, individually, and Steven Jeffrey Toll on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff JOSEPH RIZZO, on behalf of Steven Jeffrey Toll himself and all others (See above) similarly situated [COR LD NTC] plaintiff ROBERT JENSEN, Individually Steven Jeffrey Toll and on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff TODD AUGENBAUM, Individually Steven Jeffrey Toll and on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff STEPHEN W. MCGOWAN, Steven Jeffrey Toll Individually and on behalf of (See above)

Page 3: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

all others similarly situated [COR LD NTC] plaintiff VINCENT ST. JOHN, Individually Steven Jeffrey Toll and on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff MAURRY MENDELOVICH, Steven Jeffrey Toll Individually and on behalf of (See above) all others similarly situated [COR LD NTC] plaintiff JAN SIKORJAK, Individually and Steven Jeffrey Toll on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff KEVIN MARTIN, Individually and Steven Jeffrey Toll on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff JOSEPH CONZOLA, Individually, Steven Jeffrey Toll and on behalf of all others (See above) similarly situated [COR LD NTC] plaintiff LARRY KNOERL Steven Jeffrey Toll plaintiff (See above) [COR LD NTC] Elizabeth Haines Cronise Below Address Terminated on 5/28/04 (See above) [COR LD NTC] FRANKLIN WITTENBERG Elizabeth Haines Cronise plaintiff Below Address Terminated on 5/28/04 (See above) [COR LD NTC] v. PSINET, INC. Lara Ann Englund defendant [term 08/27/02] (202) 663-6506 [COR LD NTC] Wilmer Cutler Pickering Hale and Dorr LLP 2445 M St NW Washington, DC 20037-1420 (202) 663-6000 Michael Dana Warden [COR LD NTC] Griffith Lowell Green (202) 736-8126 [COR LD NTC] Sidley Austin Brown & Wood LLP 1501 K St NW

Page 4: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Washington, DC 20005 (202) 736-8000 Melanie Diana Coates [COR LD NTC] Wilmer Cutler Pickering Hale & Dorr LLP 1600 Tysons Blvd Suite 1000 McLean, VA 22102 (703) 251-9700 WILLIAM L. SCHRADER Lara Ann Englund defendant [term 08/27/02] (See above) [COR LD NTC] Michael Dana Warden (See above) [COR LD NTC] Griffith Lowell Green (See above) [COR LD NTC] Melanie Diana Coates (See above) [COR LD NTC] HAROLD S. WILLIS Lara Ann Englund defendant [term 08/27/02] (See above) [COR LD NTC] Michael Dana Warden (See above) [COR LD NTC] Griffith Lowell Green (See above) [COR LD NTC] Melanie Diana Coates (See above) [COR LD NTC] LARRY HYATT Lara Ann Englund defendant [term 08/27/02] (See above) [COR LD NTC] Michael Dana Warden (See above) [COR LD NTC] Griffith Lowell Green (See above) [COR LD NTC] Melanie Diana Coates (See above) [COR LD NTC]

Page 5: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

------------------------- LANCE LESSMAN Steven Jeffrey Toll movant [COR LD NTC] Cohen Milstein Hausfeld & Toll PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005-3965 (202) 408-4600 LL CAPITAL PARTNERS L.P. Steven Jeffrey Toll movant (See above) [COR LD NTC] LANCE LESSMAN, I.R.A Steven Jeffrey Toll movant (See above) [COR LD NTC] FRED WERNER Steven Jeffrey Toll movant (See above) [COR LD NTC] BRUCE WALDACK Steven Jeffrey Toll movant (See above) [COR LD NTC] S.J. MARTIN, LTD Steven Jeffrey Toll movant (See above) [COR LD NTC] MICHAEL MURPHY Steven Jeffrey Toll movant (See above) [COR LD NTC] JOHN R. BALL Steven Jeffrey Toll movant (See above) [COR LD NTC] CREEDON CAPITAL MANAGEMENT Craig Crandall Reilly movant [COR LD NTC] Richards McGettigan Reilly & West PC 1725 Duke St Suite 600 Alexandria, VA 22314-2822 (703) 549-5353 Anthony William McLaughlin [term 07/03/01] [COR LD NTC] The Heideman Law Group PC 1714 N St NW Washington, DC 20036-2907 (202) 462-8990 Steven Jeffrey Toll (See above) [COR LD NTC]

Page 6: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

SECURED HOLDINGS INC. Steven Jeffrey Toll movant (See above) [COR LD NTC] BANKINVEST GROUP Steven Jeffrey Toll movant (See above) [COR LD NTC] ANDREW COREN Steven Jeffrey Toll movant (See above) [COR LD NTC] DANIEL H. MONDOT Steven Jeffrey Toll movant (See above) [COR LD NTC] KAMAL ZAGHLOUL Steven Jeffrey Toll movant (See above) [COR LD NTC] GEORGE SARANTAKOS David Scott Bracken movant [COR LD NTC] 910 King St Alexandria, VA 22314 (703) 684-1700 BRAD WEST Daniel J. Glanz movant [COR LD NTC] 50 S. Pickett Street Suite 214 Alexandria, VA 22304-7206 (703) 212-2200 ======================== DAVID N. KUNKEL Licha Malome Nyiendo defendant (202) 736-8570 [COR LD NTC] Sidley Austin Brown & Wood LLP 1501 K St NW Washington, DC 20005 (202) 736-8000 ======================== GREGORY E. BARR Craig Crandall Reilly movant [COR LD NTC] Richards McGettigan Reilly & West PC 1725 Duke St Suite 600 Alexandria, VA 22314-2822 (703) 549-5353

Page 7: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

DOCKET PROCEEDINGS

DATE # DOCKET ENTRY

11/3/00 1 COMPLAINT Filing Fee $ 150.00 Receipt # 100 140686; jury demand (stas) [Entry date 11/07/00] 11/3/00 -- Jury Trial Flag (stas) [Entry date 11/07/00] 11/3/00 -- NOTICE of Lawsuit and Waiver of Service of Summons forms given to atty for service by certified mail as to defts. (stas) [Entry date 11/07/00] 11/27/00 2 MOTION by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss (stas) [Entry date 11/28/00] 11/27/00 3 MEMORANDUM of Points and Authorities by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt in support of [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss (LARGE PLEADING) (stas) [Entry date 11/28/00] 11/27/00 4 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 12/15/00 for [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss (stas) [Entry date 11/28/00] 12/1/00 5 MOTION by Myron Harris, David Goldin, Charlene F. Harvey to stay resolution of defts' motions to dismiss and to establish an orderly procedure in this case in compliance with the private securities litigation reform act of 1995, 15 USC 78 u-4 et seq. (clar) [Entry date 12/04/00] 12/1/00 6 MEMORANDUM by Charlene F. Harvey, David Goldin, Myron Harris in support of [5-1] motion by Myron Harris, David Goldin, Charlene F. Harvey to stay resolution of defts' motions to dismiss and to establish an orderly procedure in this case in compliance with the private securities litigation reform act of 1995, 15 USC 78 u-4 et seq. (clar) [Entry date 12/04/00] 12/1/00 7 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 12/8/00 for [5-1] motion by Myron Harris, David Goldin, Charlene F. Harvey to stay resolution of defts' motions to

Page 8: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

dismiss and to establish an orderly procedure in this case in compliance with the private securities litigation reform act of 1995, 15 USC 78 u-4 et seq. (clar) [Entry date 12/04/00] 12/5/00 8 Opposition by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt to [5-1] motion by Myron Harris, David Goldin, Charlene F. Harvey to stay resolution of defts' motions to dismiss and to establish an orderly procedure in this case in compliance with the private securities litigation reform act of 1995, 15 USC 78 u-4 et seq. (clar) [Entry date 12/06/00] 12/6/00 9 ORDER setting Initial Pretrial Conference for 3:00 1/10/01 Discovery Deadline for 5/11/01 Final Pretrial Conference for 11:00 5/17/01 (see order for details) ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (stas) [Entry date 12/07/00] 12/7/00 10 ORDER, granting application for Mark Daniel Hopson to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 141527 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 12/8/00] (stas) [Entry date 12/08/00] 12/7/00 11 ORDER, granting application for Christine Liverzani Prame to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 141528 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 12/8/00] (stas) [Entry date 12/08/00] 12/7/00 12 ORDER, granting application for David Patrick Donovan to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 141531 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 12/8/00] (stas) [Entry date 12/08/00] 12/7/00 13 ORDER, granting application for Charles Edward Davidow to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 141531 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 12/8/00] (stas) [Entry date 12/08/00] 12/7/00 14 REPLY by Charlene F. Harvey, David Goldin, Myron Harris to response to [5-1] motion by Myron Harris, David Goldin, Charlene F. Harvey to stay resolution of defts' motions to dismiss and to establish an orderly procedure in this case in compliance with the private securities litigation reform act of 1995, 15 USC 78 u-4 et seq. (ltun) [Entry date 12/08/00] 12/8/00 -- Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties re: [5-1] motion by Myron Harris, David Goldin, Charlene F. Harvey to stay resolution of defts' motions to dismiss and to establish an orderly procedure in this case in compliance

Page 9: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

with the private securities litigation reform act of 1995, 15 USC 78 u-4 et seq.-Argued and Denied. Oral Order to consolidate cases, no lead case designated. Arguement as to Motion to Dismiss to be heard on 12/20/00 at 10:00 a.m. Opposition to be filed by 2 p.m. 12/13/00, reply briefs by 12/15/00. (rtra) [Entry date 12/12/00] 12/8/00 15 For the reasons stated in open court, ORDER denying [5-1] motion by Myron Harris, David Goldin, Charlene F. Harvey to stay resolution of defts' motions to dismiss and to establish an orderly procedure in this case in compliance with the private securities litigation reform act of 1995, 15 USC 78 u-4 et seq. ORDERED that all above captioned actions be and are consolidated for discovery and trial; and it is further Ordered that a hearingon defendants' motions to dismiss be held on Wednesday, December 20, 2000 at 10:00 a.m. Plaintiffs' responses to the motions to dismiss must be filed by 2:00 p.m. Wednesday, December 13, 200 and any reply brief must be filed by close of business Friday, December 15, 2000. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 12.08.00 [EOD Date: 12/12/00] (rtra) [Entry date 12/12/00] 12/8/00 -- Motion hearing re: [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss set at 10:00 12/20/00 (rtra) [Entry date 12/12/00] 12/8/00 -- Consolidated Member Case . Lead Case Number: 1 00- (Lead case not designated by court) (rtra) [Entry date 12/12/00] [Edit date 12/12/00] 12/11/00 16 Financial Interest Disclosure Statement (Local Rule 7.1) by PSINet, Inc. (stas) [Entry date 12/13/00] 12/13/00 18 MEMORANDUM by Charlene F. Harvey, David Goldin, Myron Harris in opposition to [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss (rtra) [Entry date 12/14/00] 12/13/00 19 PLAINTIFFS' JOINT MEMORANDUM OF LAW in opposition to [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss (rtra) [Entry date 12/14/00] 12/14/00 17 NOTICE of Attorney Appearance for PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt by Melanie Diana Coates (jpau) 12/15/00 20 REPLY in support by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt of [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss (stas) [Entry date 12/18/00]

Page 10: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

12/19/00 22 TRANSCRIPT for the date of 12/8/00 before LMB (Motion hrg) (agil) [Entry date 12/21/00] 12/20/00 -- Motion hearing held held before Judge Brinkema; Reporter: Thomson; Appearances by counsel re: [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss- Argued and Granted. Pltf. granted leave to refile amended complaint w/in 30 days. Inc. (rtra) 12/20/00 21 For the reasons stated in open court, ORDER granting [2-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss. ORDERED that plaintiffs may file amended complaints within thiry days. (See Order for Details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 12.20.00 [EOD Date: 12/21/00] (rtra) [Entry date 12/21/00] 12/21/00 26 TRANSCRIPT for dates of 12/20/00 (LMB) - filed. (stas) [Entry date 01/02/01] 12/22/00 23 CONSENTED-TO MOTION for establishment of a master file and for creation of a Consolidated Caption by Myron Harris, David Goldin, Charlene F. Harvey. (pwhi) [Entry date 12/28/00] 12/22/00 24 MEMORANDUM by Charlene F. Harvey, David Goldin, Myron Harris in support of [23-1] Consented-to motion for establishment of a master file and [23-2] motion for creation of a Consolidated Caption by Myron Harris, David Goldin, Charlene F. Harvey (pwhi) [Entry date 12/28/00] 12/26/00 25 ORDER, granting application for Daniel Stephen Sommers to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 141959 (signed by Judge Claude M. Hilton) Copies Mailed: yes [EOD Date: 1/2/01] (stas) [Entry date 01/02/01] 12/29/00 27 ORDER All future filings in the above-captioned consolidated actions and all subsequently filed related actions shall bear the file number of the first filed case, No. 00-1850-A; The consolidated action shall proceed under the folowing caption: In re PSINet, Inc., Securities Litigation; The above caption shall be followed by the statement: THIS MATTER RELATES TO:; Where a filing relates to all actions, the statement in paragraph 3 shall be followed by the statement: ALL ACTIONS; Where a filing relates to one or several, but not all, individual actions, the statement in paragraph 3 shall be followed by the name(s) and number(s) of the individual case(s) to which that filing relates; All further filings shall be filed exclusively in the consolidated case file, and no further filings shall be filed in the individual cases. (See Order for Details) (signed by Judge Leonie M. Brinkema) Copies

Page 11: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Mailed: yes [EOD Date: 1/3/01] (stas) [Entry date 01/03/01] 12/29/00 -- Consolidated Lead Case (stas) [Entry date 01/03/01] 1/2/01 28 MOTION by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) [Entry date 01/05/01] 1/2/01 29 MEMORANDUM of Law by Lance Lessman, LL Capital Partners, Lance Lessman I.R.A in support of [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) [Entry date 01/05/01] 1/2/01 30 AFFIDAVIT of Jull S. Abrams in support of [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) [Entry date 01/05/01] 1/2/01 31 AFFIDAVIT of Lance Lessman in support of [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) [Entry date 01/05/01] 1/2/01 32 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/12/01 for [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) [Entry date 01/05/01] 1/2/01 33 Notice of MOTION by Fred Werner for appointment of noteholder class lead plaintiff, approval of noteholder class lead counsel and entry of [proposed] pre-trial order No. 1 (clar) [Entry date 01/05/01] 1/2/01 34 MEMORANDUM of Law by Fred Werner in support of [33-1] motion by Fred Werner for appointment of noteholder class lead plaintiff, approval of noteholder class lead counsel and entry of [proposed] pre-trial order No. 1 (clar) [Entry date 01/05/01] 1/2/01 35 Declaration of Jay P. Saltzman in support of [33-1] motion by Fred Werner for appointment of noteholder class lead plaintiff, approval of noteholder class lead counsel and entry of [proposed] pre-trial order No. 1 (clar) [Entry date 01/05/01] 1/2/01 36 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/12/01 for [33-1] motion by Fred Werner for appointment of

Page 12: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

noteholder class lead plaintiff, approval of noteholder class lead counsel and entry of [proposed] pre-trial order No. 1 (clar) [Entry date 01/05/01] 1/2/01 37 MOTION by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel (clar) [Entry date 01/05/01] 1/2/01 38 MEMORANDUM by Bruce Waldack, S.J. Martin LTD, Michael Murphy, John R. Ball in support of [37-1] motion by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel (clar) [Entry date 01/05/01] 1/2/01 39 Declaration of Michael T. Fantini in support of [37-1] motion by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel (large pleading) (clar) [Entry date 01/05/01] 1/2/01 40 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/12/01 for [37-1] motion by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel (clar) [Entry date 01/05/01] 1/2/01 41 MOTION of proposed lead pltf by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel (clar) [Entry date 01/05/01] 1/2/01 42 MEMORANDUM of Law by Creedon Capital, Secured Holdings Inc in support of [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel (clar) [Entry date 01/05/01] 1/2/01 43 AFFIDAVIT of Kenneth J. Vianale in support of [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel (large pleading) (clar) [Entry date 01/05/01] 1/2/01 44 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/12/01 for [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel (clar) [Entry date 01/05/01] 1/2/01 45 MOTION by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and

Page 13: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

approval of selectioin of co-lead counel (clar) [Entry date 01/05/01] 1/2/01 46 MEMORANDUM of Law by BankInvest Group, Andrew Coren, Daniel H. Mondot, Kamal Zaghloul in support of [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selectioin of co-lead counel (clar) [Entry date 01/05/01] 1/2/01 47 AFFIDAVIT of Aaron L. Brody in support of [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selectioin of co-lead counel (clar) [Entry date 01/05/01] 1/2/01 48 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/12/01 for [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selectioin of co-lead counel (clar) [Entry date 01/05/01] 1/5/01 49 Discovery Plan for CA 00-1935-A (McGowan vs. PSINet, Inc., et al.) by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, Stephen W. McGowan (stas) [Edit date 01/05/01] 1/5/01 50 ANSWER to Complaint in CA 00-1935-A (McGowan vs. PSINet, Inc., et al.) by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt (Attorney Dana Warden) (stas) [Edit date 01/05/01] 1/10/01 -- Deadline updated; Motion Hearing Deadline set for 10:00 1/19/01 for [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selectioin of co-lead counel, set for 10:00 1/19/01 for [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel, set for 10:00 1/19/01 for [37-1] motion by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel, set for 10:00 1/19/01 for [33-1] motion by Fred Werner for appointment of noteholder class lead plaintiff, approval of noteholder class lead counsel and entry of [proposed] pre-trial order No. 1, set for 10:00 1/19/01 for [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) 1/10/01 51 ORDERED that all pending motions in this class action originally noticed for hearing on Friday, January 12, 2001, are continued and will be heard on Friday, January 19, 2001 at 10:00 a.m.; and it is further ORDERED that all opositions to all pending motions must be filed by noon on

Page 14: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Wednesday, January 17, 2001. Any replies to those oppositions must be filed by 4:00 p.m. on Thursday, January 18, 2001; and it is further ORDERED that, as stated in our December 20, 2000 Order, any amended complaints must be filed by close of business Friday, January 19, 2001. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 01.10.01 [EOD Date: 1/10/01] (rtra) 1/10/01 52 REPLY MEMORANDUM in support by Lance Lessman, LL Capital Partners, Lance Lessman I.R.A of [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selectioin of co-lead counel by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group, [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel by Secured Holdings Inc, Creedon Capital, [37-1] motion by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack, [33-1] motion by Fred Werner for appointment of noteholder class lead plaintiff, approval of noteholder class lead counsel and entry of [proposed] pre-trial order No. 1 by Fred Werner, [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman (clar) [Entry date 01/11/01] 1/10/01 56 Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: Discovery is stayed in these consolidated actions until further order of the court. The Rule 16(b) Conference is recessed until January 30, 2001, at 2:00 p.m., to be resumed at that time by telephone conference organized by pltfs' counsel. (see order for details) (signed by Magistrate Judge Thomas R. Jones Jr.) Copies Mailed: yes (stas) [Entry date 01/16/01] 1/12/01 53 NOTICE of by Fred Werner by Fred Werner Withdrawing [33-1] motion by Fred Werner for appointment of noteholder class lead plaintiff, approval of noteholder class lead counsel and entry of [proposed] pre-trial order No. 1 by Fred Werner, and by Fred Werner to join in the motion of Burce Waldack, S.J. Martin Ltd., Michael Murphy and John R. Ball for appointment of lead plaintiffs and lead counsel (clar) [Entry date 01/16/01] 1/12/01 54 NOTICE of by BankInvest Group by BankInvest Group Withdrawing [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selection of co-lead counel (clar) [Entry date 01/16/01] 1/12/01 55 Declaration of Joseph H. Weiss in support of [54-1] notice

Page 15: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

by BankInvest Group Withdrawing [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selection of co-lead counel (clar) [Entry date 01/16/01] 1/12/01 57 Response in support by Creedon Capital of [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel (clar) [Entry date 01/16/01] 1/17/01 58 Response by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt to [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel, [37-1] motion by John R. Ball, Michael Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel, [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for apoointment as lead plaintiff for bond purshcasers and for approval of the lead counsel, (clar) 1/17/01 59 MEMORANDUM of Law by Bruce Waldack, S.J. Martin LTD, Michael Murphy, John R. Ball in opposition to [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel, [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for appointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) 1/18/01 60 REPLY Memorandum by Lance Lessman, LL Capital Partners, Lance Lessman I.R.A to response to [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for appointment as lead plaintiff for bond purshcasers and for approval of the lead counsel (clar) [Entry date 01/19/01] 1/19/01 61 ORDER, granting application for Jill Sharyn Abrams to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 142682 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 1/19/01] (stas) 1/19/01 62 ORDER, granting application for Robert M. Roseman to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 142646 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 1/19/01] (stas) 1/19/01 -- Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter came on for plaintiff's motion to appoint Lead plaintiff and plaintiff's motion to appoint co-lead plaintiff-Argued and Granted in part and Denied in part. Court extends time in

Page 16: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

which counsel may refile Amended Complaint to Wednesday, January 24, 2001 by COB. Counsel to file proposed briefing schedule. Order to follow. (rtra) [Entry date 01/22/01] 1/19/01 63 For the reasons stated in open court, ORDER terminating (w/d by counsel) [45-1] motion by Kamal Zaghloul, Daniel H. Mondot, Andrew Coren, BankInvest Group for appointment as lead plaintiffs and approval of selection of co-lead counsel granting in part, (withdrawn in part by counsel) [41-1] motion by Secured Holdings Inc, Creedon Capital for consolidation, appointment as lead plaintiffs and for approval of proposed lead plaintiffs' selection of lead counsel, granting in part, denying in part [37-1] motion by John R. Ball, Murphy, S.J. Martin LTD, Bruce Waldack for appointment as co-lead plaintiffs and for approval of their selection of co-lead counsel, granting [28-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for appointment lead plaintiff for bond purchasers and for approval of the lead counsel. In light of the appointments of lead plaintiffs and counsel, the Amended Master Complaint must be filed by close of business Wednesday, January 24, 2001, incorporating all causes of actions by all plaintiffs, except those raised in the McGowan Complaint (CA 00-1935-A), which will go forward as a separate action unless counsel move otherwise. All counsel must confer, agree and advise the Court by close of business Wednesday, January 24, 2001, of the date by which defendants will respond to the Master Complaint. [SEE ORDER FOR DETAILS] (signed by Judge Leonie M. Brinkema) Copies Mailed: 01.19.01 [EOD Date: 1/22/01] (rtra) [Entry date 01/22/01] [Edit date 02/05/03] 1/19/01 64 ORDER, for Kenneth J. Vianale to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 142690 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 01.19.01 [EOD Date: 1/22/01] (rtra) [Entry date 01/22/01] 1/19/01 65 ORDER, for Maya Susan Saxena to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 142685 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 01.19.01 [EOD Date: 1/22/01] (rtra) [Entry date 01/22/01] 1/22/01 66 ORDER, granting application for Noel J. Nudelman to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100 142698 (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 1/22/01] (stas) 1/24/01 67 TRANSCRIPT for dates of 01/19/01 (LMB) - filed. (jtay) [Entry date 01/25/01] 1/24/01 68 AMENDED COMPLAINT by Charlene F. Harvey, David Goldin, Myron Harris, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola,

Page 17: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Larry Knoerl, Franklin Wittenberg amending [1-1] complaint against David N. Kunkel; jury demand (jtay) [Entry date 01/26/01] 1/24/01 -- SUMMONS(ES) (original & 1) issued and given to attorney for service by SPS as to amended complaint for David N. Kunkel (jtay) [Entry date 01/26/01] 1/24/01 69 Designation of Lead Counsel, the firm of Spector, Roseman & Kodroff, P.C., and designation of local counsel, Cohen, Milstein, Hausfeld & Toll, P.L.L.C. by movant Bruce Waldack (jtay) [Entry date 01/29/01] 1/25/01 70 Consent Order that Defendants shall file and serve their response to the Amended Master Complaint on 2/13/01, by hand delivery; that Plaintiffs shall file and serve their opposition to any motion to dismiss on 3/1/01, by hand-delivery; and further that Defendants shall file and serve their reply regarding any motion to dismiss by 3/7/01; and further that oral argument shall be heard at 10:00 a.m., 3/9/01. (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 01/29/01] 1/25/01 -- Deadline updated; set Hearing Deadline for 10:00 3/9/01 (jtay) [Entry date 01/29/01] 1/25/01 71 NOTICE of Filing of certifications of lead Plaintiffs which are Exhibits A and B to Plaintiffs' Amended Master Complaint by Bruce Waldack (jtay) [Entry date 01/29/01] 1/29/01 72 STATUS REPORT by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt (jtay) [Entry date 01/30/01] 1/31/01 73 Second Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: defts shall file any "safe harbor" summary judgment motion sufficiently early to notice it for hearing on March 9, 2001, in compliance with the Local Rules. All pltfs and defts shall serve interrogatories and document requests, organized by class and/or by claim, not later than 2/9/01. Objections shall be served not later than 2/21/01. Counsel shall complete the process of meeting and conferring on the objections by 3/2/01. The Rule 16(b) Conference will be resumed in Courtroom 301 on 3/28/01 at 2:00 p.m. (see order for details) ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes (jtay) [Entry date 02/01/01] [Edit date 02/05/01] 1/31/01 -- Deadline updated; reset Initial Pretrial Conference for 2:00 3/28/01 (jtay) [Entry date 02/01/01]

Page 18: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

2/2/01 74 NOTICE of Filing of corrected page 87 to the amended master complaint by Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Lance Lessman, LL Capital Partners, Lance Lessman I.R.A, Fred Werner, Bruce Waldack, S.J. Martin LTD, Michael Murphy, John R. Ball, Creedon Capital, Secured Holdings Inc, BankInvest Group, Andrew Coren, Daniel H. Mondot, Kamal Zaghloul (jtay) [Entry date 02/05/01] 2/9/01 75 NOTICE of Filing corrected pages 62 and 87 to the amended master complaint filed on 1/24/01 by Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Kevin Martin, Joseph Conzola, Larry Knoerl, Lance Lessman, LL Capital Partners, Lance Lessman I.R.A, Fred Werner, Waldack, S.J. Martin LTD, Michael Murphy, John R. Ball, Creedon Capital, Secured Holdings Inc, BankInvest Group, Andrew Coren, Daniel H. Mondot, Kamal Zaghloul (jtay) 2/13/01 76 MOTION by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss Plaintiffs' Amended Master Complaint (jtay) [Entry date 02/14/01] 2/13/01 77 MEMORANDUM by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel in support of [76-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss Plaintiffs' Amended Master Complaint (Large Pleading) (jtay) [Entry date 02/14/01] [Edit date 02/14/01] 2/13/01 78 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/9/01 for [76-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss Plaintiffs' Amended Master Complaint (jtay) [Entry date 02/14/01] 2/15/01 79 MOTION by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for Summary Judgment (jtay) [Entry date 02/16/01] 2/15/01 80 MEMORANDUM by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt in support of [79-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for Summary Judgment (large pleading) (jtay) [Entry date 02/16/01] [Edit date 02/16/01] 2/15/01 81 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/9/01 for [79-1] motion by Larry Hyatt, Harold S. Willis,

Page 19: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

William L. Schrader, PSINet, Inc. for Summary Judgment (jtay) [Entry date 02/16/01] 2/15/01 82 Declaration of Michael D. Warden re: [80-1] memorandum by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. in support of motion for summary judgment (jtay) [Entry date 02/16/01] [Edit date 02/26/01] 2/21/01 83 RESPONSES AND OBJECTIONS to Defendants' First Request for Production of Documents by Bruce Waldack, Lance Lessman, Lance Lessman I.R.A, LL Capital Partners, Creedon Capital, and Stephen W. McGowan. (jtay) [Entry date 03/02/01] [Edit date 03/02/01] 2/22/01 86 AFFIDAVIT of Michael T. Fantini Re: [84-1] motion to Abate Defendant's motion for summary judgment (jtay) [Entry date 02/23/01] [Edit date 02/23/01] 2/22/01 84 EMERGENCY MOTION by Plaintiffs' to abate Defendants' motion for summary judgment (jtay) [Entry date 02/23/01] 2/22/01 85 MEMORANDUM by Stephen W. McGowan, Bruce Waldack in support of [84-1] motion by Plaintiffs' to abate Defendants' motion for summary judgment (jtay) [Entry date 02/23/01] 2/23/01 87 ORDER Motion Hearing Deadline set for 10:00 2/27/01 in Courtroom 301 for [84-1] motion by Plaintiffs' to abate Defendants' motion summary judgment. By noon on 2/26/01, defendants shall file, serve by hand, and deliver to chambers their response to the motion to abate. The time for filing and serving of plaintiffs' response to motion for summary judgment is extended through March 1, 2001. (see Order for details) ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes [EOD Date: 2/23/01] (jtay) [Edit date 02/23/01] 2/23/01 88 Consent Order that Plaintiff shall file his Opposition to Defendant's motion for summary judgment by 12:00 noon March 1, 2001, and Defendants shall file their reply thereto by close of business on March 7, 2001. (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 02/26/01] [Edit date 03/01/01] 2/26/01 89 MEMORANDUM by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt in opposition to [84-1] emergency motion by Plaintiffs' to abate Defendants' motion for summary judgment. (jtay) [Edit date 02/26/01] 2/27/01 -- Minute entry: Mag. Judge Jones. Rpt:none, tape 66. Appearance of counsel. Matter called, argued, and the emergency motion by pltf to abate deft's. motion for summary judgment- argued and granted. Order to be entered.

Page 20: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

(dana) 2/27/01 90 ORDER for the reasons stated from the bench and in accord with specific rulings made at that time, it is hereby ORDERED that [84-1] motion by Plaintiffs' to abate Defendants' motion for summary judgment is granted. ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes [EOD Date: 2/28/01] (jtay) [Entry date 02/28/01] [Edit date 03/01/01] 3/1/01 91 MEMORANDUM of Law by Charlene F. Harvey, David Goldin, Myron Harris in opposition to [76-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss Plaintiffs' Amended Master Complaint (large pleading) (clar) [Entry date 03/02/01] 3/2/01 92 Objections by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. Pursuant to Rule 72(s) of the Federal Rules of Civil Procedure to the February 27,2001 Order of Judge Thomas Rawles Jones (clar) [Entry date 03/05/01] 3/2/01 93 MEMORANDUM by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt in support of [92-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. Pursuant to Rule 72(s) of the Federal Rules of Civil Procedure to the February 27,2001 Order of Judge Thomas Rawles Jones (large pleading) (clar) [Entry date 03/05/01] 3/2/01 94 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/9/01 for [92-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. Pursuant to Rule 72(s) of the Federal Rules of Civil Procedure to the February 27,2001 Order of Judge Thomas Rawles Jones (clar) [Entry date 03/05/01] 3/6/01 95 NOTICE of Supplemental Authority by Charlene F. Harvey, David Goldin, Myron Harris (clar) 3/7/01 96 JOINT NOTICE Regarding Meet and Confer Session concerning objections to discovery requests by Charlene F. Harvey, David Goldin, Myron Harris, PSINet, Inc., L. Schrader, Harold S. Willis, Larry Hyatt, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg, Lance Lessman, LL Partners, Lance Lessman I.R.A, Fred Werner, Bruce Waldack, S.J. Martin LTD, Michael Murphy, R. Ball, Creedon Capital, Secured Holdings Inc, BankInvest Group, Andrew Coren, H. Mondot, Kamal Zaghloul, N. Kunkel (jtay) [Edit date 03/08/01]

Page 21: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

3/7/01 97 REPLY MEMORANDUM in support by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel of [76-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss Plaintiffs' Amended Master Complaint (large pleading) (clar) 3/7/01 98 Opposition by Charlene F. Harvey, David Goldin, Myron Harris to [92-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. Pursuant to Rule 72(s) of the Federal Rules of Civil Procedure to the February 27,2001 Order of Judge Thomas Rawles Jones (large pleading) (clar) 3/8/01 99 REPLY MEMORANDUM in support by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt of [92-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. Pursuant to Rule 72(s) of the Federal Rules of Civil Procedure to the February 27,2001 Order of Judge Thomas Rawles Jones (clar) 3/9/01 -- Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties re: [92-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. Pursuant to Rule 72(s) of the Federal Rules of Civil Procedure to the February 27,2001 Order of Judge Thomas Rawles Jones-Argued and Denied; [76-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss Plaintiffs' Amended Master Complaint - Argued and Denied. Order to follow. (rtra) 3/9/01 100 FOr the reasons stated in open court, ORDER denying [92-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. Pursuant to Rule 72(s) of the Federal Rules of Civil Procedure to the February 27,2001 Order of Judge Thomas Rawles Jones, [76-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Dismiss Plaintiffs' Amended Master Complaint ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 03.09.01 [EOD Date: 3/12/01] (rtra) [Entry date 03/12/01] 3/9/01 101 ORDER for Eugene Arthur Spector to Appear Pro Hac Vice Filing Fee Paid $ 25.00 Receipt # 100144023 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 3/12/01] (jtay) [Entry date 03/12/01] 3/15/01 102 TRANSCRIPT for dates of March 9, 2001 (LMB) - filed. (jtay) 3/23/01 103 MOTION by Stephen W. McGowan, Bruce Waldack to Compel production of documents (clar) [Entry date 03/26/01]

Page 22: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

3/23/01 104 MEMORANDUM by Bruce Waldack, Stephen W. McGowan in support of [103-1] motion by Stephen W. McGowan, Bruce Waldack to Compel production of documents (large pleading) (clar) [Entry date 03/26/01] 3/23/01 105 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/30/01 for [103-1] motion by Stephen W. McGowan, Bruce Waldack to Compel production of documents (clar) [Entry date 03/26/01] 3/23/01 106 MOTION by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel the production of documents (clar) [Entry date 03/26/01] 3/23/01 107 MEMORANDUM of Law by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel in support of [106-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel the production of documents (large pleading) (clar) [Entry date 03/26/01] 3/23/01 108 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/30/01 for [106-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel the production of documents (clar) [Entry date 03/26/01] 3/23/01 109 CONSENT MOTION by PSINet Inc., William L. Schrader, Harold S. Wills, Lawrence Hyatt, David N. Kunkel, Bruce Waldack, Lance Lessman, Lance Lessman IRA, LL Capital Partners LP, Creedon Capital Management LLC, and Stephen W. McGowan for extensions of the date on which Defendants' Answer to Plaintiffs' Amended Master Complaint, Defendants' Responses to Plaintiffs' First Set of Interrogatories, and Plaintiffs' Responses to Defendants' First Set of Interrogatories are due. (jtay) [Entry date 03/27/01] 3/23/01 110 Consent Order that the entry of Jennifer R. Porter's appearance as local counsel for the Preferred Stock Purchasers is deemed to be withdrawn, and it is further ordered that Anthony W. McLaughlin is substituted as local counsel for the Preferred Stock Purchasers. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 03/27/01] [Edit date 03/27/01] 3/27/01 -- Deadline updated; reset Answer deadline to 3/28/01 for David N. Kunkel, for Larry Hyatt, for Harold S. Willis, for William L. Schrader, for PSINet, Inc. (jtay) [Entry date 03/28/01] 3/27/01 111 Consent Order that [109-1] motion by PSINet Inc., William L.

Page 23: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Schrader, Harold S. Wills, Lawrence Hyatt and David N. Kunkel, for extensions of the date on which Defendants' Answer to Plaintiffs' Amended Master Complaint, Defendants' Responses to Plaintiffs' First Set of Interrogatories, and Plaintiffs' Responses to Defendants' First Set of Interrogatories are due is granted. Ordered that the date for Defendants to file their Answer to Plaintiffs' Amended Master Complaint is extended from 3/23/01 to and including 3/28/01. The date for Defendants to serve their Responses to Plaintiffs' First Set of Interrogatories is extended from 3/26/01 to and including 3/28/01. The date for Plaintiffs to serve their Responses to Defendants' First Set of Interrogatories is extended from 3/26/01 to and including 3/28/01. (see Order for details) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (jtay) [Entry date 03/30/01] [Edit date 04/02/01] 3/28/01 112 Opposition by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel to [103-1] motion by Stephen W. McGowan, Bruce Waldack to Compel production of documents (clar) [Entry date 03/29/01] 3/28/01 113 Opposition by Bruce Waldack, Lance Lessman I.R.A, Lance Lessman, LL Capital Partners, Creedon Capital, Stephen W. McGowan to [106-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel the production of documents (clar) [Entry date 03/29/01] 3/28/01 -- Deadline updated; reset Initial Pretrial Conference for 11:00 3/30/01 (jtay) [Entry date 03/30/01] 3/28/01 115 ANSWER by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel to the Amended Master Complaint (jtay) [Entry date 03/30/01] 3/28/01 -- Initial pretrial conference held; MJ Jones; Continued to 3/30/01 at 11:00 a.m. (jtay) [Entry date 04/04/01] 3/29/01 114 REPLY by Stephen W. McGowan, Bruce Waldack to response to [103-1] motion by Stephen W. McGowan, Bruce Waldack to Compel production of documents (clar) [Entry date 03/30/01] 3/30/01 -- Minute entry: Mag. Judge Jones. Appearance of counsel. Tape 74,75. Rpt: Casamo. Matter called, argued and plts motion and deft's motion to compel- granted. Order to be entered. (dana) 3/30/01 116 Initial Protective Order that until this Order is superseded by a more detailed protective order, no documents or information disclosed or produced in discovery, including informal discovery, may be revealed to any person who is not an attorney of record, an employee of such attorney's law

Page 24: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

firm, or an individual employed by a litigation support service in a paralegal or similar capacity who has signed an agreement to be bound by the terms of this order. Without limiting the generality of the foregoing sentence, this order precludes disclosure to parties, experts, and consultants until a more detailed protective order is entered. (see Order for details) ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed yes (jtay) [Edit date 03/30/01] 3/30/01 -- **Set Protective Order Flag. (jtay) [Entry date 04/04/01] 3/30/01 -- Initial pretrial conference held; MJ Jones; Appearances of Counsel. Rpt. Casamo, Tape 74, 75. ADR/Settlement discussed. Rule 16(b) Order to be entered. (jtay) [Entry date 04/04/01] 4/2/01 117 ORDERED, for reason stated from the bench, granting [103-1] motion by Stephen W. McGowan, Bruce Waldack to Compel production of documents and deft's mtoion to compel production of documents is taken under advisedment as to credon Capital Magagement, and is otherwise granted. ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: y [EOD Date: 4/2/01] (dana) 4/2/01 118 Supplemental Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: the previously established discovery cutoff date is vacated. All discovery except for expert discovery shall be completed by 7/31/01. The Final Pretrial Conference is continued to 10:00 8/16/01. Document production shall commence on April 9, 2001, and be completed by June 4, 2001. Plaintiffs shall notice their Motion for Class Certification for June 22, 2001, and it shall be filed and briefed consistent with the briefing scheduling for motions in Local Rule 7(E)(1). The parties shall confer with a view to preparation of a consent order pursuant to Local Rule 26(D) that governs expert discovery with completion of all expert discovery by September 15, 2001. In the absence of such a consent order, expert discovery shall be completed not later than August 31, 2001. (see order for details) ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes (jtay) [Entry date 04/04/01] [Edit date 04/04/01] 4/11/01 119 TRANSCRIPT for dates of 03/30/01 (TRJ) - filed. (jtay) [Entry date 04/12/01] 4/13/01 120 MOTION by Creedon Capital, Bruce Waldack, Stephen W. McGowan to Compel answers to interrogatories (clar) [Entry date 04/16/01] 4/13/01 121 MEMORANDUM by Stephen W. McGowan, Bruce Waldack, Creedon Capital in support of [120-1] motion by Creedon Capital, Bruce Waldack, Stephen W. McGowan to Compel answers to

Page 25: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

interrogatories (large pleading) (clar) [Entry date 04/16/01] 4/13/01 122 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 4/20/01 for [120-1] motion by Creedon Capital, Bruce Waldack, Stephen W. McGowan to Compel answers to interrogatories (clar) [Entry date 04/16/01] 4/17/01 123 CONSENT MOTION by Larry Hyatt to Dismiss him as a defendant in McGowan v. PSINet Inc. et al., Civil Action No. 00-1935-A. (jtay) 4/17/01 124 Stipulated Confidentiality and Protective Order regarding handling and labeling of confidential materials. (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 04/18/01] 4/18/01 126 Consent Order granting [123-1] motion by Larry Hyatt to Dismiss him as a defendant in McGowan v. PSINet Inc. et al., Civil Action No. 00-1935-A. (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 04/19/01] [Edit date 04/20/01] 4/18/01 127 MOTION by Bruce Waldack, Creedon Capital Management, Lance Lessman, the Individual Retirement Account of Lance Lessman, LL Capital Partners L.P., and Stephen W. McGowan for class certification (jtay) [Entry date 04/25/01] 4/18/01 128 MEMORANDUM of Law by Bruce Waldack, Creedon Capital, Lance Lessman I.R.A, Lance Lessman, LL Capital Partners, Stephen W. McGowan in support of [127-1] motion by Bruce Waldack, Creedon Capital Management, Lance Lessman, the Individual Retirement Account of Lance Lessman, LL Capital Partners L.P., and Stephen W. McGowan for class certification (jtay) [Entry date 04/25/01] 4/18/01 129 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 6/22/01 for [127-1] motion by Bruce Waldack, Creedon Capital Management, Lance Lessman, the Individual Retirement Account of Lance Lessman, LL Capital Partners L.P., and Stephen W. McGowan for class certification (jtay) [Entry date 04/25/01] 4/19/01 125 NOTICE by Creedon Capital, Bruce Waldack, Stephen W. McGowan Withdrawing [120-1] motion by Creedon Capital, Bruce Waldack, Stephen W. McGowan to Compel answers to interrogatories (clar) 5/4/01 130 MOTION by LL Capital Partners to Withdraw as lead plaintiff for relief from the Court's Order dated 4/2/01 (clar) [Entry date 05/07/01]

Page 26: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

5/4/01 131 MEMORANDUM of Law by LL Capital Partners in support of [130-1] motion by LL Capital Partners to Withdraw as lead plaintiff for relief from the Court's Order dated 4/2/01 (clar) [Entry date 05/07/01] 5/4/01 132 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 5/11/01 for [130-1] motion by LL Capital Partners to Withdraw as lead plaintiff for relief from the Court's Order dated 4/2/01 (clar) [Entry date 05/07/01] 5/9/01 133 RESPONSE by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel in opposition to [130-1] motion by LL Capital Partners to Withdraw as lead plaintiff for relief from the Court's Order dated 4/2/01 (large pleading) (clar) 5/10/01 134 REPLY by LL Capital Partners to response to [130-1] motion by LL Capital Partners to Withdraw as lead plaintiff for relief from the Court's Order dated 4/2/01 (clar) 5/11/01 -- Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel re: [130-1] motion by LL Capital Partners to Withdraw as lead plaintiff for relief from the Court's Order dated 4/2/01-Argued and Granted. Order to follow. (rtra) 5/11/01 135 For the reasons stated in open court, ORDER granting [130-1] motion by LL Capital Partners to Withdraw as lead plaintiff for relief from the Court's dated 4/2/01 ( signed by Judge Leonie M. Brinkema ) Mailed: 05.11.01 [EOD Date: 5/14/01] (rtra) [Entry date 05/14/01] 5/15/01 136 CONSENT MOTION by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for briefing schedule on class certification (jtay) [Entry date 05/16/01] 5/15/01 137 TRANSCRIPT for dates of 5/11/01 (LMB) - filed. (jtay) [Entry date 05/16/01] 5/17/01 138 Consent Order it appearing to the court, as evidenced by the signatures of counsel set forth below, that the parties have agreed to the briefing schedule on which (1) Defendants will file their Opposition to class certification on or before June 5, 2001, and (2) Plaintiffs will file their Reply to Defendants' Opposition to class certification on or before June 19, 2001, it is hereby ordered that the parties' briefing schedule is approved. (see Order for details) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (jtay) [Entry date 05/18/01]

Page 27: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

6/1/01 139 NOTICE OF AUTOMATIC STAY OF PROCEEDINGS by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel as to PSINet, Inc. (jtay) [Edit date 06/01/01] 6/4/01 140 CONSENT MOTION by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for temporary stay of proceedings and suspension of deadlines (jtay) [Entry date 06/05/01] [Edit date 06/07/01] 6/7/01 141 Consent Order that [140-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for temporary stay of proceedings and suspension of deadlines is granted. Ordered that all proceedings in these consolidated cases be stayed for a period of one week and that the pending deadlines be suspended. Ordered that the parties shall file status reports to the Court on or before June 11, 2001 as to the status of their discussions regarding the issues set forth in the Motion. (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 06/08/01] 6/7/01 142 MOTION by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for relief for certain scheduling deadlines, and by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for status conference (clar) [Entry date 06/08/01] 6/7/01 143 MEMORANDUM by Lance Lessman, LL Capital Partners, Lance Lessman I.R.A in support of [142-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for relief for certain scheduling deadlines, [142-2] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for status conference (clar) [Entry date 06/08/01] 6/7/01 144 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 6/15/01 for [142-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for relief for certain scheduling deadlines, set for 10:00 6/15/01 for [142-2] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for status conference (clar) [Entry date 06/08/01] 6/11/01 145 STATUS REPORT by Bruce Waldack, Creedon Capital, Lance Lessman I.R.A, Lance Lessman, Stephen W. McGowan (sent to LMB) (jtay) [Entry date 06/12/01] [Edit date 06/12/01] 6/11/01 146 STATUS REPORT by PSINet, Inc., David N. Kunkel, Larry Hyatt, William L. Schrader, Harold S. Willis (sent to LMB) (jtay) [Entry date 06/12/01] [Edit date 06/12/01] 6/11/01 147 NOTICE of Attorney Appearance for Creedon Capital by Craig Crandall Reilly (jtay) [Entry date 06/13/01] 6/13/01 148 Response by PSINet, Inc., William L. Schrader, Harold S.

Page 28: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Willis, Larry Hyatt, David N. Kunkel to [142-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for relief for certain scheduling deadlines (clar) [Entry date 06/14/01] 6/14/01 149 REPLY MEMORANDUM in further support by Bruce Waldack, Creedon Capital, Lance Lessman I.R.A, Lance Lessman, Stephen W. McGowan of [142-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for relief for certain scheduling deadlines and [142-2] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for status conference (jpau) 6/15/01 -- Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties re: [142-1] motion by Lance Lessman I.R.A, LL Capital Partners, Lance Lessman for relief for certain scheduling deadlines-Motion Granted, Proposed Scheduling Order to be filed by counsel. (rtra) [Entry date 06/18/01] 6/19/01 150 TRANSCRIPT for dates of 06/15/01 (LMB) - filed. (jtay) 6/20/01 -- Per LMB chambers motions set for 6/22/01 are off (clar) 6/26/01 151 CONSENT MOTION by PSINet, Inc., Harold S. Willis, William L. Schrader, Larry Hyatt, David N. Kunkel for temporary stay of proceedings and suspension of deadlines (jtay) [Edit date 06/26/01] 6/27/01 152 Consent Order that [151-1] motion by PSINet, Inc., Harold S. Willis, William L. Schrader, Larry Hyatt, David N. Kunkel for temporary stay of proceedings and suspension of deadlines is granted; and it is further ordered that all proceedings in these consolidated cases be stayed for a period of 150 days from June 1, 2001 or until October 29, 2001 and that all pending deadlines be suspended. Notwithstanding this stay, the Individual Defendants will complete production of documents in their possession, custody or control on or before July 6, 2001 and will complete production of privilege logs relating to those documents on or before July 13, 2001. Ordered that the parties shall meet and confer on or before October 1, 2001 to discuss the expiration of the stay requested through the instant Motion and any further proceedings in this Court. The parties shall file with this Court either joint or separate status reports on or before October 15, 2001. (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 06/29/01] 7/3/01 153 Consent Order for Anthony McLaughlin to Withdraw as Attorney (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (jtay) [Entry date 07/05/01] [Edit date 07/05/01]

Page 29: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

10/15/01 154 JOINT STATUS REPORT by Charlene F. Harvey, David Goldin, Myron Harris, PSINet, Inc., William L. Schrader, Harold S. Wills, Larry Hyatt, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Conzola, Larry Knoerl, Franklin Wittenberg, David N. Kunkel (kjon) [Entry date 10/16/01] 11/1/01 155 ORDER, that the parties file a joint submission regarding the status of this civil action within 5 business days. (see order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: Yes [EOD Date: 11/1/01] (kjon) 11/13/01 156 JOINT STATUS REPORT by Charlene F. Harvey, David Goldin, Myron Harris, PSINet, Inc., William L. Schrader, Harold S. Larry Hyatt, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Conzola, Larry Knoerl, Franklin Wittenberg, David N. Kunkel (kjon) [Entry date 11/14/01] 11/13/01 157 JOINT STATUS REPORT by Charlene F. Harvey, David Goldin, Myron Harris, PSINet, Inc., William L. Schrader, Harold S. Larry Hyatt, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg, David N. Kunkel (kjon) [Entry date 11/15/01] 11/15/01 158 CONSENT MOTION by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for further temporary stay of proceedings and suspension of deadlines (kjon) 11/15/01 159 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 11/23/01 for [158-1] motion by David N. Kunkel, Larry Harold S. Willis, William L. Schrader, PSINet, Inc. for further temporary stay of proceedings and suspension of deadlines (kjon) 11/16/01 160 Consent Order, that [158-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for further temporary stay of proceedings and suspension of deadlines is granted; and it is further ordered that all proceedings in these consolidated cases be stayed for a period of 150 days from 10/29/01 through 3/28/02; ordered that the parties shall meet and confer on or before 3/1/02

Page 30: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

to discuss the expiration of the stay requested through the instant Motion and any further proceedings in this Court. The parties shall file with this Court either joint or separate status on or before 3/15/02. (see order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: Yes (kjon) [Entry date 11/19/01] [Edit date 11/21/01] 11/16/01 161 ORDER, that the hearing of the parties' consent motion for further stay of proceedings and suspension of deadline be removed from the 11/23/01 motions docket (see order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: Yes [EOD Date: 11/19/01] (kjon) [Entry date 11/19/01] 3/15/02 162 JOINT STATUS REPORT by Charlene F. Harvey, David Goldin, Myron Harris, PSINet, Inc., William L. Schrader, Harold S. Larry Hyatt, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg, Lance Lessman, LL Capital Partners, Lance Lessman I.R.A, Fred Werner, Bruce Waldack, S.J. Martin LTD, Michael Murphy, John R. Ball, Creedon Capital, Secured Holdings Inc, BankInvest Group, Andrew Coren, Daniel H. Mondot, Kamal Zaghloul, David N. Kunkel (sent to LMB) (pmil) [Entry date 03/18/02] 4/3/02 163 ORDER, that all proceeding and deadlines in this civil action be and are STAYED until further order of the court (see order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: Yes [EOD Date: 4/3/02] (kjon) 4/3/02 -- CASE assigned to Judge Leonie M. Brinkema (kjon) 4/3/02 -- Case closed (kjon) 4/3/02 -- All pleadings accounted for and in order except #78 (kjon) [Entry date 04/05/02] 7/3/02 164 Notice & MOTION by Myron Harris, David Goldin, Charlene F. Harvey of Conclusion of Bankruptcy Proceedings and Request for This Action to be Restored to the Active Docket (wpin) [Entry date 07/05/02] 7/18/02 165 UNOPPOSED MOTION by Charlene F. Harvey, et al, for Order Returning Case to the Active Docket and Lifting the Stay of Proceedings (wpin) [Entry date 07/19/02] 7/19/02 166 ORDER granting [165-1] motion by Charlene F. Harvey, et al, for Order Returning Case to the Active Docket and Lifting

Page 31: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

the Stay of Proceedings ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 7/22/02] (wpin) [Entry date 07/22/02] 7/19/02 -- Case reopened (wpin) [Entry date 07/22/02] 8/20/02 167 MOTION by Creedon Capital for Protective Order (clar) [Entry date 08/22/02] 8/20/02 168 MEMORANDUM of Law by Creedon Capital in support of [167-1] motion by Creedon Capital for Protective Order (clar) [Entry date 08/22/02] 8/20/02 169 MOTION with Memorandum in Support to Intervene by Gregory E. Barr, and to serve as class reepresentative on behalf of the series D preferred stock class (clar) [Entry date 08/22/02] 8/20/02 170 MEMORANDUM by Gregory E. Barr in support of [169-1] motion to Intervene, [169-2] motion to serve as class reepresentative on behalf of the series D preferred stock class (clar) [Entry date 08/22/02] 8/20/02 171 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/30/02 for [169-1] motion to Intervene by Gregory E. Barr, set for 10:00 8/30/02 for [169-2] motion to serve as class reepresentative on behalf of the series D preferred stock class, set for 10:00 8/30/02 for [167-1] motion by Creedon Capital for Protective Order (clar) [Entry date 08/23/02] 8/22/02 172 MOTION by Creedon Capital to Withdraw Creedon Capital Management LLC as Lead Pltf and Class Representative (jpau) [Entry date 08/26/02] 8/22/02 173 MEMORANDUM OF LAW by Creedon Capital in support of [172-1] motion by Creedon Capital to Withdraw Creedon Capital Management LLC as Lead Pltf and Class Representative (jpau) [Entry date 08/26/02] 8/22/02 174 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/30/02 for [172-1] motion by Creedon Capital to Withdraw Creedon Capital Management LLC as Lead Pltf and Class Representative (jpau) [Entry date 08/26/02] 8/26/02 175 MOTION by counsel of record for David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for Withdrawal as attorney of record for this defts. (wpin) [Entry date 08/27/02]

Page 32: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

8/27/02 -- So Ordered: granting [175-1] motion by counsel of record for David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for Withdrawal as attorney of record for these defts. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (wpin) [Entry date 08/28/02] 8/28/02 176 RESPONSE by PSINet, Inc., David N. Kunkel, Larry Hyatt, William L. Schrader, Harold S. Willis to [169-1] motion to Intervene by Gregory E. Barr and [169-2] motion to serve as class reepresentative on behalf of the series D preferred stock class (jpau) [Entry date 08/29/02] 8/28/02 177 MEMORANDUM by PSINet, Inc., David N. Kunkel, Larry Hyatt, William L. Schrader, Harold S. Willis in opposition to [167-1] motion by Creedon Capital for Protective Order (jpau) [Entry date 08/29/02] 8/28/02 178 RESPONSE by PSINet, Inc., David N. Kunkel, Larry Hyatt, William L. Schrader, Harold S. Willis to [172-1] motion by Creedon Capital to Withdraw Creedon Capital Management LLC as Lead Pltf and Class Representative (jpau) [Entry date 08/29/02] 8/29/02 179 REPLY MEMORANDUM in further support by Creedon Capital of [172-1] motion by Creedon Capital to Withdraw Creedon Capital Management LLC as Lead Pltf and Class Representative (jpau) 8/29/02 180 REPLY MEMORANDUM in further support by Creedon Capital of [167-1] motion by Creedon Capital for Protective Order (jpau) 8/30/02 -- Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter came on for Pltf's motion to withdraw as lead pltf-Denied. Order to follow. (rtra) 8/30/02 181 For the reasons stated in open court, ORDER denying [172-1] motion by Creedon Capital to Withdraw Creedon Capital Management LLC as Lead Pltf and Class Representative, denying [169-1] motion to Intervene by Gregory E. Barr, denying [169-2] motion to serve as class representative on behalf of the series D preferred stock class ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 08/30/02 [EOD Date: 8/30/02] (rtra) 8/30/02 182 ORDER denying [167-1] motion by Creedon Capital for Protective Order; the court finds that defts are entitled to depose this plaintiff whether or not it is a lead plaintiff or class representative ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes [EOD Date: 9/3/02] (ltun) [Entry date 09/03/02]

Page 33: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

8/30/02 183 MOTION by plaintiffs for an Order Granting Pltfs Leave to Exceed the Limits on Depositions Contained in Rule 30(a)(2)(A) of the FRCP (jpau) [Entry date 09/03/02] 8/30/02 184 MEMORANDUM by Charlene F. Harvey, David Goldin, Myron Harris, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg in support of [183-1] motion by plaintiffs for an Order Granting Pltfs Leave to Exceed the Limits on Depositions Contained in Rule 30(a)(2)(A) of the FRCP (jpau) [Entry date 09/03/02] 8/30/02 185 Declaration of Daniel S. Sommers in Support of [183-1] motion by plaintiffs for an Order Granting Pltfs Leave to Exceed the Limits on Depositions Contained in Rule 30(a)(2)(A) of the FRCP (jpau) [Entry date 09/03/02] 8/30/02 186 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 9/6/02 for [183-1] motion by plaintiffs for an Order Granting Pltfs Leave to Exceed the Limits on Depositions Contained in Rule 30(a)(2)(A) of the FRCP (jpau) [Entry date 09/03/02] 9/4/02 187 RESPONSE by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel to [183-1] motion by plaintiffs for an Order Granting Pltfs Leave to Exceed the Limits on Depositions Contained in Rule 30(a)(2)(A) of the FRCP (stas) 9/5/02 -- Per WCS chambers, motion set for 9/6/02 is on the papers (jpau) 9/5/02 188 TRANSCRIPT for dates of 8/30/02 (LMB), filed. (wpin) [Entry date 09/09/02] 9/20/02 189 MOTION by PSINet, Inc., et al., Myron Harris, David Goldin, Charlene F. Harvey for Scheduling Order (wpin) [Entry date 09/23/02] 9/23/02 190 SCHEDULING ORDER setting: defts Opposition to Class certification due 10/4/02; pltfs reply to Opposition to Class Certification due 10/18/02; hearing on Class Certification set for 10/25/02 at 10:00 am; close of all discovery 12/20/02; final pre-trial conference set for 12/19/02 at 10:00 a.m..-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (wpin) [Entry date 09/24/02]

Page 34: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

9/23/02 -- Class Certification Hearing Deadline set 10:00 10/25/02 (wpin) [Entry date 09/24/02] 9/24/02 -- Deadline updated; reset Pretrial Conference for 10:00 12/19/02 (wpin) 10/4/02 191 MEMORANDUM by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel in opposition to [127-1] motion by Bruce Waldack, Creedon Capital Management, Lance Lessman, the Individual Retirement Account of Lance Lessman, LL Capital Partners L.P., and Stephen W. McGowan for class certification by plaintiff, movant (Large Pleading) (FILED UNDER SEAL) (wpin) [Entry date 10/07/02] [Edit date 10/15/02] 10/15/02 192 CONSENT MOTION by Creedon Capital Management, LLC to Exceed Page Limit (wpin) [Entry date 10/16/02] 10/16/02 193 ORDER granting [192-1] motion by Creedon Capital Management, LLC to Exceed Page Limit. Ordered that pltfs are granted leave to file a reply memorandum of twenty-five pages in further support of class certification.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 10/18/02] (wpin) [Entry date 10/18/02] 10/18/02 194 REPLY MEMORANDUM in further support by Lance Lessman, Lance Lessman I.R.A, Creedon Capital of pltfs' motion for class certification (UNDER SEAL) (exhibits filed also but not filed under seal) (clar) [Entry date 10/21/02] 10/18/02 195 REPLY MEMORANDUM in further support by Stephen W. McGowan, Bruce Waldack, John R. Ball of their unopposed motion for class certification (clar) [Entry date 10/22/02] 10/25/02 -- Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter came on for Class Certification hearing. Court to enter proposed Orders as to Common Stock and Preferred Stock. Bond Member class taken under advisement, counsel to provide proposed Order for entry. (rtra) [Entry date 10/28/02] 10/25/02 196 ORDER in Re: Common Stock Class Certification [See Order for Details] ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 10/28/02 [EOD Date: 10/29/02] (rtra) [Entry date 10/29/02] 11/1/02 197 MOTION by Lance Lessman, et al., to Compel Discovery (wpin) [Entry date 11/04/02]

Page 35: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

11/1/02 198 MEMORANDUM by Lance Lessman in support of [197-1] motion by Lance Lessman, et al., to Compel Discovery (wpin) [Entry date 11/04/02] [Edit date 11/06/02] 11/1/02 199 AFFIDAVIT of Joshua S. Devore by Lance Lessman in support of [197-1] motion by Lance Lessman, et al., to Compel Discovery (wpin) [Entry date 11/04/02] [Edit date 11/06/02] 11/1/02 200 NOTICE of EXPEDITED Hearing: Motion Hearing Deadline set for 2:00 11/5/02 for [197-1] motion by Lance Lessman, et al., to Compel Discovery (wpin) [Entry date 11/04/02] 11/4/02 201 MEMORANDUM by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt in opposition to [197-1] motion by Lance Lessman, et al., to Compel Discovery by Lance Lessman (wpin) [Edit date 11/06/02] 11/5/02 202 REPLY MEMORANDUM in further support by Lance Lessman, et al., of [197-1] motion by Lance Lessman, et al., to Compel Discovery (wpin) [Edit date 11/06/02] 11/5/02 203 ORDERED, pltfs' Motion for Class Certification is GRANTED as to the Bond Class, Ordered that pltfs submit to this Court a proposed Order for certification of the Bond Class, within ten days.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 11/6/02] (wpin) [Entry date 11/06/02] 11/5/02 204 ORDER, for Charles Kevin Marshall to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 100159248 ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 11/6/02] (wpin) [Entry date 11/06/02] 11/5/02 205 ORDER, for Jennifer Mary Collins to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 100159249 ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 11/6/02] (wpin) [Entry date 11/06/02] 11/5/02 206 ORDER granting [197-1] motion by Lance Lessman, et al., to Compel Discovery. Further Ordered that pleadings numbers 198, 199, 201 and 202 are UNSEALED.-ent & filed. ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 11/6/02] (wpin) [Entry date 11/06/02] 11/6/02 207 ORDER, for Stephanie Dawn Amin to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 100159250 ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 11/6/02] (wpin)

Page 36: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

11/12/02 208 ORDERED that pltf's Motion for Class Certification is GRANTED in Part, and that the Preferred Stock Class as defined is certified pursuant FRCP 23, Lead pltf Creedon is certified as the Class respresentative for the Preferred Stock Class; Milberg Weiss Bershad Hynes & Lerach, LLP is approved as class counsel for the Preferred Stock Class; Richards McGettigan Reilly & West is approved as local counsel for the Preferred Stock Class.-ent. & file. (See Order for more details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 11/13/02] (wpin) [Entry date 11/13/02] [Edit date 02/05/03] 11/13/02 209 TRANSCRIPT for dates of 10/25/02 (LMB), filed. (wpin) [Entry date 11/14/02] 11/15/02 210 MOTION by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for relief from the 11/5/02 order, or, in the alternative by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for an extension of time (clar) [Entry date 11/18/02] [Edit date 11/18/02] 11/15/02 211 MEMORANDUM of Law by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel in support of [210-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for relief from the 11/5/02 order, [210-2] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for an extension of time (clar) [Entry date 11/18/02] [Edit date 11/18/02] 11/15/02 212 NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 11/22/02 for [210-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for relief from the 11/5/02 order, set for 10:00 11/22/02 for [210-2] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for an extension of time (clar) [Entry date 11/18/02] [Edit date 11/18/02] 11/20/02 213 RESPONSE by Charlene F. Harvey, David Goldin, Myron Harris, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg in opposition to [210-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for relief from the 11/5/02 order (clar) 11/21/02 214 REPLY MEMORANDUM in support by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel

Page 37: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

of [210-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for relief from the 11/5/02 order by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc., [210-2] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for an extension of time by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. (clar) 11/22/02 -- Minute entry: Magistrate Judge Buchanan. Appearances: Counsel for pltf. & deft. Reporter: Casamo & Associates. This matter came on for deft.'s motion fokr relief from November 5, 2002 order, for an extention of time - matter argued and granted in part and denied in part. Order to be entered. (avax) 11/22/02 215 ORDER granting in part, denying in part [210-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for relief from the 11/5/02 order, granting in part, denying in part [210-2] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for an extension of time ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: y [EOD Date: 11/22/02] (avax) 12/6/02 216 MOTION by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel Discovery (stas) 12/6/02 217 MEMORANDUM of Law by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel in support of [216-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel Discovery (LARGE PLEADING) (stas) 12/6/02 218 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 12/13/02 for [216-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel Discovery (stas) 12/11/02 219 Response by Creedon Capital to [216-1] motion by David N. Kunkel, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. to Compel Discovery (large pleading) (clar) 12/13/02 -- Per TCB chambers motions set for 12/20/02 have been resolved (clar) 12/16/02 220 TRANSCRIPT for dates of 11/22/02 (TCB) - filed (lkin) [Entry date 12/17/02] 12/18/02 221 Plaintiffs' Pretrial Conference STATUS REPORT by Preferred Stock Purchasers Class (wpin) [Entry date 12/20/02]

Page 38: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

12/19/02 -- Pre-Trial Conference held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter set for trial by Jury 03/10/2003 at 10:00 a.m. before Judge Brinkema. Counsel to provide Court w/briefing schedule and Witness, exhibit schedule. (rtra) 12/19/02 -- Jury Trial set at 10:00 3/10/03 before Judge Leonie M. Brinkema (rtra) 12/30/02 222 Declaration of Robert M. Roseman on Behalf of Spector, Roseman & Kodroff, P.C. in Support of Award of Attorneys' Fees incurred in connection with the prosecution of Pltfs' Motion to Compel Discovery, granted by [206-1] order of 11/5/02 - TCB (SENT TO TCB) (pmil) [Entry date 12/31/02] 12/30/02 223 Declaration of Jill S. Abrams on Behalf of Abbey Gardy, LLP in Support of Award of Attorneys' Fees incurred in connection with the prosecution of Pltfs' Motion to Compel Discovery, granted by [206-1] order of 11/05/02 - TCB (SENT TO TCB) (pmil) [Entry date 12/31/02] 12/30/02 226 AGREED SCHEDULING ORDER. Defts summary judgment motion, due 1/27/03, opposition due 2/14/03, hearing to be set for 2/21/03, 10:00 am.(See Order for more details).-ent & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 1/6/03] (wpin) [Entry date 01/06/03] 12/31/02 225 CONSENT MOTION by Lance Lessman for Leave to Modify the Class Certification (pmil) [Entry date 01/06/03] 1/3/03 224 TRANSCRIPT for dates of 12/19/02 (LMB) - filed (lkin) 1/3/03 227 CONSENT MOTION by pltf for an Order for Issuance of Notice (wpin) [Entry date 01/06/03] 1/3/03 228 Consent Order granting [225-1] motion by Lance Lessman for Leave to Modify the Class Certification. Ordered that: The Bond Purchaser Class as defined above is certified pursuant to Rule 23 of the FRCP; Lead pltf Lessman is certified as the Class Respresentative for the Bond Purchaser Class; Abbey Gardy, LLP is approved as class counsel for the Bond Purchaser Class; Coshen Gettings & Dunham PC is approved as local counsel for the Bond Purchaser Class; defts right to file a motion seeking decertification of the Boned Purchaser Class at any time during this litigation is reserved; the parties are DIRECED to meet and confer on the form and manner of Class notice. A status conference should be requested to discuss those subjects, it agreement coannot be reached.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (wpin) [Entry date 01/07/03] [Edit date 02/05/03]

Page 39: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

1/7/03 229 CONSENT ORDER, granting [227-1] motion by pltf for an Order for Issuance of Notice. Ordered that the Court approves, as to form and content, the Notice of Pendency of Class Actions and the Summary Notice substantially in the form as submitted and its meets the requirment of the FRCP 23 and due process; Pltfs' Lead Counsel are hereby authorized to retain the firm of the Garden City Group to supervised and administer the notice procedures. By 1/10/03, pltf lead counsel shall mailed by first class mail to all members fo the Class who be identified with reasonable effort; pltf's lead counsel shall published the Summary Notice once in the national edition of the The Wall Street Journal within 10 business days after initial mailing of the Notice.(See Order for more details).-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 1/9/03] (wpin) [Entry date 01/09/03] 1/8/03 231 Response by PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt to pltf'attorney fees filing. (wpin) [Entry date 01/10/03] 1/9/03 230 Reply of Plaintiffs to Defendants' Response to Plaintiffs' Attorney Fees Filing (agil) [Entry date 01/10/03] 1/15/03 232 EMERGENCY MOTION by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for Protective Order (wpin) 1/15/03 233 MEMORANDUM by PSINet, Inc. in support of [232-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for Protective Order (wpin) 1/15/03 234 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/17/03 for [232-1] motion by Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for Protective Order (wpin) 1/23/03 235 CONSENT MOTION by pltf Common Stock, et al, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for an Order Suspending Deadlines. (wpin) [Entry date 01/24/03] 1/24/03 236 ORDER granting [235-1] motion by pltf Common Stock, et al, Larry Hyatt, Harold S. Willis, William L. Schrader, PSINet, Inc. for an Order Suspending Deadlines. Ordered that the deadlines ocntained in the 12/30/02 order are hereby subpended.-ent & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 1/28/03] (wpin) [Entry date 01/28/03] 1/29/03 237 MEMORANDUM OPINION, filed. ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes (wpin) [Entry date 01/30/03]

Page 40: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

1/29/03 238 ORDER, in accordance with the accompanying Memorandum Opinion, it is hereby, Ordered that defts Psinet, et al and their counsle, Sidley Austin Brown & Wood, jointly and severally, shall pay to pltfs the sum of $10,932.50 for attorney fees incurred in connection with the 11/5/02 motion to compel, within fifteen days of the date of this order.-ent. & filed. ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 1/30/03] (wpin) [Entry date 01/30/03] 3/3/03 -- Case Settled (rtra) [Entry date 03/04/03] 4/1/03 239 UNOPPOSED MOTION by plaintiffs for entry of order preliminarily approving settlement and providing for notice (mcke) [Entry date 04/02/03] 4/2/03 240 ORDER [239-1] motion by plaintiffs for entry of order preliminarily approving settlement and providing for notice, WHEREAS, the court having read and considered the stipulation and the accompanying documents, and the parties to the stipulation having consented to the entry of this order, and all capitalized terms used herein having the meanings defined in the stipulation; NOW, THEREFORE, IT IS HEREBY ORDERED ths 2nd day of April 2003, that a hearing (the "Settlement fairness hearing") pursuant to rule 23(e) of the FRCP is hereby scheduled to be held before the court on Friday June 13, 2003 at 10:00 a.m. The court approves the selection of Heffler Radetich & Saitta LLP by pltfs lead counsel as the Claims Administrator. The Claims Administrator, under the supervision of pltf's lead counsel, shall cause the settlement notice and the proof of claim, substantially in the forms annexed hereto, to be mailed by first class mail, postage prepaid, on or before April 11, 2003, to all class members who can be identified with reasonable effort by pltfs lead counsel, including all person whow were previously mailed the notice of pendency except for those persons who previously requested exclusion. The court will consider comments and/or objections to the Settlement, the plan of Allocation, or the award of attorneys' fees and reimbursement of expenses only if such comments or objections and any supporting papers are filed in writing with the clerk of the U.S. District Court for the EDVA, and all copies of all such papers are served, on or before May 23, 2003. Pltfs lead counsel shall file their briefs and affidavits in support of the settlement, the plan of allocation, and the application for an award of attorneys' fees and reimbursement of expenses and responding to any comments or objections on or before June 9, 2003. (see order for more details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 4/3/03] (mcke) [Entry date 04/03/03] [Edit date 04/03/03] 4/2/03 -- Hearing Deadline set 10:00 6/13/03 (the "settlement fariness Hearing") before Judge Leonie M. Brinkema (mcke)

Page 41: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

[Entry date 04/03/03] 5/23/03 241 NOTICE of objections and intention to be heard with argument to the settlement and request for attorney's fees by George Sarantakos together with Supporting Memorandum of Law (kjon) [Entry date 05/27/03] 5/23/03 241 SUPPORTING MEMORANDUM of Law by George Sarantakos to [241-1] notice of objection to the settlement and request for attorney's fees and costs by George Sarantakos (kjon) [Entry date 05/27/03] 5/27/03 242 NOTICE of objection and intention to be heard at settlement by Brad West (mcke) [Entry date 05/28/03] 5/27/03 243 OBJECTING class members' MEMORANDUM by Brad West in opposition to the court's approval of the attorneys' fees in excess of 20% (mcke) [Entry date 05/28/03] 5/27/03 244 ORDER, for Douglas Arthur Cole to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 163948 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 5/28/03] (mcke) [Entry date 05/28/03] 5/27/03 245 ORDER, for Nicholas M. Fausto to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 163904 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 5/28/03] (mcke) [Entry date 05/28/03] 6/9/03 246 MEMORANDUM by Charlene F. Harvey, David Goldin, Myron Harris in support of [239-1] motion by plaintiffs for entry of order preliminarily approving settlement and plan of allocation (clar) [Entry date 06/10/03] 6/9/03 247 MEMORANDUM of Law by Charlene F. Harvey, David Goldin, Myron Harris in support of of joint application for an award of attorneys' fees and reimbursement of expenses (clar) [Entry date 06/10/03] 6/9/03 248 Declaration of Daniel S. Sommers in support of [239-1] motion by plaintiffs for entry of order preliminarily approving settlement, plan of allocation of settlement proecceds, and application for award of attorneys' fees and reimbursement of expenses (large pleading) (clar) [Entry date 06/10/03] 6/9/03 249 Declaration of Robert M. Roseman, Esq. (clar) [Entry date 06/10/03] 6/12/03 250 NOTICE of Withdrawal of objection by Goerge Saranitkos (clar)

Page 42: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

6/12/03 251 NOTICE of receipt by Myron Harris, David Goldin, Charlene F. Harvey Withdrawal of objection (clar) 6/13/03 -- Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter came on for Motion for approval of Settlement-Counsel to review and advise Court as to attorney fees by 06/20/2003. (rtra) [Entry date 06/15/03] 6/18/03 252 TRANSCRIPT proceedings for dates of 6/13/03 (LMB) (mcke) 6/19/03 253 FEE petition of counsel Nicholas M. Fausto and David S. Bracken for objector George Sarantakos filed by movant George Sarantakos (mcke) 6/19/03 254 PETITION by Brad West for Award of Attorney Fees (stas) 6/19/03 255 NOTICE by Brad West Withdrawing [242-1] notice of Objection and intent to be heard by Brad West (stas) 6/20/03 256 MEMORANDUM by Charlene F. Harvey, David Goldin, Myron Harris, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg in further support of joint application for an award of attorneys' fees and reimbursement of expenses. (mcke) [Entry date 06/23/03] 6/23/03 257 OPPOSITION by Charlene F. Harvey, David Goldin, Myron Harris, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg, Lance Lessman I.R.A, Creedon Capital, Bruce Waldack, John R. Ball to [253-1] fee petition of counsel for objector George Sarantakos (mcke) [Entry date 06/24/03] 7/2/03 258 ORDER granting [254-1] petition by Brad West for Award of Attorney Fees. ORDERED, ADJUDGED and DECREED that, subject to the conditions in the order and final judgment (especially paragraph 11) entered in this action on July 2, 2003, Douglas A. Cole and Daniel J. Glanz, Esquires be and are awarded a total of $25,000 in attroneys awarded to class counsel. Counsel for objector George Sarantakos have filed a fee petition (Docket # 253) in which Nicholas M.

Page 43: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Fausto, Esq. requests $10,687.50 and David S. Bracken, Esq. requests $1,350 in attorneys' fees to be paid from the fees awarded to class counsel. Class representatives and lead pltfs object to this fee petition, arguing that Sarantakos' counsel were not instrumental in benefitting the classes by getting class counsel to reduce their fees from 33% to 30% of the settlement fund. They do confirm, however, that Sarantakos' counsel filed several objections to the proposed settlement, including arguing for a maximum of %18 for class counsel's fees. Vigorous objection to proposed class action settlements is a valuable means of keeping the settlements fair. Given the extensive fees awarded in this settlement to class counsel and the overall benefit to the process of a vigorous objection from class members, the court finds merit to the fee petition, which is GRANTED, and it is hereby ORDERED, ADJUDGED and DECREED that, subject to the conditions in the order and final judgment (especially paragraph 11) entered in this action on July 2, 2003, Nicholas M. Fausto, Esq. be and is awarded $10,687.50 and David S. Backen, Esq. be and is awarded $1,350 in attorneys fees to be paid by Class Counsel out of the attorneys' fees awarded to class counsel. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 7/3/03] (mcke) [Entry date 07/03/03] 7/2/03 259 ORDER AND FINAL JUDGMENT for Charlene F. Harvey, David Goldin, Myron Harris, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg against PSINet, Inc., William L. Schrader, Harold S. Willis, Larry Hyatt, David N. Kunkel, on the 13th day of June 2003, a hearing having been held before this court to determine: whether the terms and conditions of the stipulation and agreement of settlement dated March 28, 2003 are fair, reasonable and adequate for the settlement of all claims asserted by the classes against the defts in the complaints now pending in this court, under the above caption. The defts and the sucessors and assigns of any of them, are hereby permanently barred and enjoined from instituting, commencing or prosecuting, either directly or in any other capacity, any and all claims, rights or causes of action or liabilities whasoever, whether based on federal, state, local, statutory or common law or any other law, rule or regulation, including both known claims and unknown claims, that have been or could have been asserted in the actions or any forum by defts or any of them or the successors and assigns of any of them against any of the pltfs. Pltfs counsel are hereby awarded 30% of the Gross Settlement fund in fees, which the court finds to be fair and reasonable, and $1,525,000.00 in reimbursement of minus the $37,037.50 awarded to objectors counsel by our order of July 2, 2003. (see order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD DATE: 7/3/03] (mcke) [Entry date 07/03/03] [Edit date 07/03/03] 7/2/03 -- Case closed (mcke) [Entry date 07/03/03]

Page 44: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

8/31/04 260 MOTION by plaintiffs for an Order approving distribution of settelment funds to valid claimants, allowing late-filed claims, disallowing rejected claims, and allowing payment of additional settlement administration fees and costs (pmet) [Edit date 09/07/04] 8/31/04 261 MEMORANDUM by Charlene F. Harvey, David Goldin, Myron Harris, Edward P. Clayman, Bonnie Clayman, Bert Zauderer, Chaya Markowitz, Richard R. Dewey Jr., Joel J. Kofsky, Myra Friedland, Lawrence A. Grossberg, Adam Darrow, Joseph Rizzo, Robert Jensen, Todd Augenbaum, Stephen W. McGowan, Vincent St. John, Maurry Mendelovich, Jan Sikorjak, Kevin Martin, Joseph Conzola, Larry Knoerl, Franklin Wittenberg, Lance Lessman, LL Capital Partners, Lance Lessman I.R.A, Fred Werner, Bruce Waldack, S.J. Martin LTD, Michael Murphy, John R. Ball, Creedon Capital, Secured Holdings Inc, BankInvest Group, Andrew Coren, Daniel H. Mondot, Kamal Zaghloul, Gregory E. Barr in support of [260-1] motion by plaintiffs for an Order approving distribution of settelment funds to valid claimants, allowing late-filed claims, disallowing rejected claims, and allowing payment of additional settlement administration fees and costs (pmet) [Edit date 09/07/04] 8/31/04 262 NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 9/17/04 for [260-1] motion by plaintiffs for an Order approving distribution of settelment funds to valid claimants, allowing late-filed claims, disallowing rejected claims, and allowing payment of additional settlement administration fees and costs (pmet) [Edit date 09/09/04] 9/17/04 -- Motion hearing held before Judge Brinkema; Appearances by Counsel for Pltfs, no appearance by Counsel for deft re: [260-1] motion by plaintiffs for an Order approving distribution of settelment funds to valid claimants, allowing late-filed claims, disallowing rejected claims, and allowing payment of additional settlement administration fees and costs-Motion Granted, Proposed Order to enter. (rtra) [Entry date 09/18/04] 9/17/04 263 For the reasons stated in open court, ORDER granting [260-1] motion by plaintiffs for an Order approving distribution of settelment funds to valid claimants, allowing late-filed claims, disallowing rejected claims, and allowing payment of additional settlement administration fees and costs. [See Order for Details] ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 09/17/04 [EOD Date: 9/18/04] (rtra) [Entry date 09/18/04]

Page 45: U.S. District Court Eastern District of Virginia …securities.stanford.edu/filings-documents/1016/PSIX00/...US District Court Civil Docket as of 9/17/2004 U.S. District Court Eastern

Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html