U.S. District Court Southern District of New York...

US District Court Civil Docket as of 06/23/2005 Retrieved from the court on Thursday, January 05, 2006

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:98-cv-07161-VM

King, et al v. Livent, Inc., et al Assigned to: Judge Victor Marrero Demand: $0 Lead case: 1:98-cv-05686-VM Member cases: 1:98-cv-05726-VM 1:98-cv-05731-VM 1:98-cv-05736-VM 1:98-cv-05742-SWK 1:98-cv-05755-VM 1:98-cv-05842-VM 1:98-cv-05884-VM 1:98-cv-05907-VM 1:98-cv-05971-VM 1:98-cv-06075-VM 1:98-cv-06077-VM 1:98-cv-06247-VM 1:98-cv-06751-VM 1:98-cv-06975-VM 1:98-cv-07161-VM Related Case: 1:99-cv-09425-VM Cause: 15:77 Securities Fraud

Date Filed: 10/09/1998 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question

Plaintiff Dorian King on behalf of himself and all others similarly situated

represented by Donald R. Wager 10920 Wilshire Boulevard Suite 1000 Los Angeles, CA 90024 (310) 235-3939 LEAD ATTORNEY Lionel Z. Glancy Glancy & Binkow LLP 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 (310) 201-9150 LEAD ATTORNEY Patrick V. Dahlstrom Pomerantz, Haudek, Block, Grossman &

Gross LLP 100 Park Avenue New York, NY 10017-5516 (212) 661-1100 LEAD ATTORNEY Peter A. Binkow Glancy & Binkow, LLP 1801 Avenue of the Stars Suite 308 Los Angeles, CA 90067 (310) 201-9150 LEAD ATTORNEY Stanley Merrill Grossman Pomerantz Haudek Block Grossman & Gross LLP 100 Park Avenue, 26th Floor New York, NY 10017 212 661-1100 Fax: 212 661-8665 Email: [email protected] LEAD ATTORNEY

Plaintiff

Diane King Jtwros on behalf of herself and all others similarly situated TERMINATED: 08/06/1999

represented by Donald R. Wager (See above for address) TERMINATED: 08/06/1999 LEAD ATTORNEY Lionel Z. Glancy Glancy & Binkow, LLP 1801 Avenue of the Stars Los Angeles, CA 90067 (310) 201-9150 TERMINATED: 08/06/1999 LEAD ATTORNEY Patrick V. Dahlstrom (See above for address) TERMINATED: 08/06/1999 LEAD ATTORNEY Peter A. Binkow (See above for address) TERMINATED: 08/06/1999 LEAD ATTORNEY Stanley Merrill Grossman

(See above for address) TERMINATED: 08/06/1999 LEAD ATTORNEY

Plaintiff

Diane King

V.

Defendant

Livent, Inc.

Defendant

Garth H. Drabinsky represented by Harvey L. Pitt Fried, Frank, Harris, Shriver & Jacobson One New York Plaza New York, NY 10004 (212) 859-8000 LEAD ATTORNEY Harvey Bernard Silikovitz Cohen & Gresser, LLP 100 Park Avenue, 23rd Flr. New York, NY 10017 (212)-957-7068 Fax: (212)-957-4514 Email: [email protected] LEAD ATTORNEY Ronald A. Nimkoff Nimkoff Rosenfeld & Schechter, LLP One Pennsylvania Plaza, Suite 2424 New York, NY 10119 (212)868-8100 Fax: (212) 868-0227 Email: [email protected] LEAD ATTORNEY

Defendant

Myron I. Gottlieb represented by Harvey Bernard Silikovitz (See above for address) LEAD ATTORNEY Lee S. Richards, III Richards, Spears, Kibbe & Orbe

Address in Presently in Effect One World Financial Center New York, NY 10281-1413 (212) 530-1800 LEAD ATTORNEY Ronald A. Nimkoff (See above for address) LEAD ATTORNEY

Defendant

Maria Messina TERMINATED: 07/14/2003

Defendant

Livent (U.S.) Inc.

Defendant

Livent Capital, Inc.

Defendant

Livent International, Inc.

Defendant

Livent Realty (New York), Inc.

Defendant

Livent Realty (Chicago), Inc.

Defendant

Deloitte & Touche Chartered Accountants TERMINATED: 11/12/2003

represented by Aric Hugo Wu Gibson, Dunn & Crutcher LLP (NYC) 200 Park Avenue, 48th Floor New York, NY 10166 2123513820 Fax: 2123515344 Email: [email protected] TERMINATED: 11/12/2003 LEAD ATTORNEY John T. Behrendt Gibson, Dunn & Crutcher, L.L.P.

200 Park Avenue New York, NY 10166 (212) 351-4000 TERMINATED: 11/12/2003 LEAD ATTORNEY Lee Gordon Dunst Gibson, Dunn & Crutcher, L.L.P. 200 park Avenue New York, NY 10166-0193 212-351-3824 Fax: 212-351-5283 Email: [email protected] TERMINATED: 11/12/2003 LEAD ATTORNEY Peter Justus Beshar Gibson, Dunn and Crutcher, L.L.P. 200 Park Avenue New York, NY 10166-0193 TERMINATED: 11/12/2003 LEAD ATTORNEY

Defendant

Joseph L. Rotman TERMINATED: 10/24/2002

represented by James S. Dittmar Hutchins, Wheeler & Dittmar 101 Federal Street Boston, MA 02110 (617) 951-6600 TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar Hutchins, Wheeler & Dittmar 101 Federal Street Boston, MA 02111 (617) 951-6600 TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY

Sanford F. Remz Yurko & Salvesen, P.C. One Washington Mall, 11th floor Boston, MA 02108 (617) 723-6900 Fax: (617) 723-6905 Email: [email protected] TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly Hutchins, Wheeler & Dittmar 101 Federal Street Boston, MA 02110 (617) 951-6600 TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly Hutchins, Wheeler & Dittmar 101 Federal Street Boston, MA 02111 (617) 951-6600 TERMINATED: 10/24/2002 LEAD ATTORNEY

V.

Consolidated Defendant

Gordon Eckstein TERMINATED: 07/14/2003

represented by Don Brian Hufford Pomerantz Haudek Block Grossman & Gross LLP 100 Park Avenue, 26th Floor New York, NY 10017 212-661-1100 Fax: (212)-661-1373 Email: [email protected] TERMINATED: 07/14/2003 LEAD ATTORNEY


Robert Topal TERMINATED: 07/14/2003

represented by Cynthia A. Feigin Hogan & Hartson, LLP 875 Third Avenue New York, NY 10022 (212) 918-3000 TERMINATED: 07/14/2003

LEAD ATTORNEY Don Brian Hufford (See above for address) TERMINATED: 07/14/2003 LEAD ATTORNEY W. Sidney Davis Stanley N. Futterman 800 Second Avenue, 3rd Floor New York, NY 10017 (212) 687-3121 TERMINATED: 07/14/2003 LEAD ATTORNEY


H. Garfield Emerson TERMINATED: 10/24/2002

represented by Don Brian Hufford (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY Greg A. Danilow Weil, Gotshal & Manges, L.L.P. 767 Fifth Avenue New York, NY 10153 (212) 310-8000 Email: [email protected] TERMINATED: 10/24/2002 LEAD ATTORNEY Sofia Giatrakos Citigroup, The Control Group 250 West Street, 11th Flr. New York, NY 10013 TERMINATED: 10/24/2002 LEAD ATTORNEY Stephen Alan Radin Weil, Gotshal & Manges, L.L.P. 767 Fifth Avenue New York, NY 10153 (212) 310-8000 Email: [email protected] TERMINATED: 10/24/2002 LEAD ATTORNEY


A. Alfred Taubman represented by Don Brian Hufford

TERMINATED: 10/24/2002 (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY Eric M. Roth Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 (212) 403-1000 Email: [email protected] TERMINATED: 10/24/2002 LEAD ATTORNEY


CIBC Oppenheimer TERMINATED: 07/14/2003

represented by Don Brian Hufford (See above for address) TERMINATED: 07/14/2003 LEAD ATTORNEY Howard O. Godnick Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY 10022 (212) 756-2000 Email: [email protected] TERMINATED: 07/14/2003 LEAD ATTORNEY Stacy P. Aronowitz Schwartz & Ballen LLP 1990 M Street Nw Suite 500 Washington, NY 20036 (212) 756-2000 Fax: (212) 593-5955 Email: [email protected] TERMINATED: 07/14/2003 LEAD ATTORNEY William H. Gussman, Jr. Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY 10022 (212) 756-2000 TERMINATED: 07/14/2003 LEAD ATTORNEY

Defendant

Daniel D. Brambilla represented by Leon P. Gold

Proskauer Rose LLP 1585 Broadway New York, NY 10036-8299 (212) 969-3000 LEAD ATTORNEY Leslie Jill Harris Buchanan Ingersoll, P.C. ( Philadelphia ) 1835 Market St. 14th Fl. Philadelphia, PA 19103 (212) 969-3000 Email: [email protected] LEAD ATTORNEY

Defendant

Martin Goldfarb TERMINATED: 10/24/2002

represented by Bradley Jay Butwin O'Sullivan, L.L.P. 30 Rockefeller Plaza New York, NY 10112 (212) 408-2400 TERMINATED: 10/24/2002 LEAD ATTORNEY James L. Burns O'Sullivan, L.L.P. 30 Rockefeller Plaza New York, NY 10112 (212) 408-2400 TERMINATED: 10/24/2002 LEAD ATTORNEY Jonathan Rosenberg O'Melveny & Myers LLP Times Square TOwer 7 Times Square New York, NY 10036 212-326-2000 Fax: 212-326-2061 Email: [email protected] TERMINATED: 10/24/2002 LEAD ATTORNEY

Defendant

Lynda Friendly TERMINATED: 07/14/2003

Defendant

Jerald M. Banks

Defendant

Thomas H. Lee TERMINATED: 10/24/2002

represented by James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY Sanford F. Remz (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY

Defendant

James A. Pattison TERMINATED: 10/24/2002

represented by James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY

Sanford F. Remz (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY

Defendant

Scott Sperling TERMINATED: 10/24/2002

represented by James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY James S. Dittmar (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY Sanford F. Remz (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY William J. Connolly (See above for address) TERMINATED: 10/24/2002 LEAD ATTORNEY

Defendant

Christopher Craib

Defendant

Diane J. Winkfein

Defendant

D. Grant Malcolm

Defendant

Tony Fiorino

Defendant

Paine Webber

Defendant

Furman Selz

Defendant

CIBC Wood Gundy Securities, Inc. TERMINATED: 07/14/2003

represented by Howard O. Godnick (See above for address) TERMINATED: 07/14/2003 LEAD ATTORNEY Stacy P. Aronowitz (See above for address) TERMINATED: 07/14/2003 LEAD ATTORNEY William H. Gussman, Jr. (See above for address) TERMINATED: 07/14/2003 LEAD ATTORNEY

Cross Claimant

H. Garfield Emerson represented by Don Brian Hufford (See above for address) LEAD ATTORNEY Greg A. Danilow (See above for address) LEAD ATTORNEY

Sofia Giatrakos (See above for address) LEAD ATTORNEY Stephen Alan Radin (See above for address) LEAD ATTORNEY

V.

Cross Defendant

Garth H. Drabinsky represented by Harvey L. Pitt (See above for address) LEAD ATTORNEY

Cross Defendant

Myron I. Gottlieb represented by Lee S. Richards, III (See above for address) LEAD ATTORNEY

Cross Defendant

Maria Messina

Cross Defendant

Lynda Friendly

Cross Defendant

Christopher Craib

Cross Defendant

Diane J. Winkfein

Cross Defendant

D. Grant Malcolm

Cross Defendant

Tony Fiorino

Cross Defendant

Gordon Eckstein represented by Don Brian Hufford

(See above for address) LEAD ATTORNEY

Cross Claimant

A. Alfred Taubman represented by Don Brian Hufford (See above for address) LEAD ATTORNEY Eric M. Roth (See above for address) LEAD ATTORNEY

V.

Cross Defendant


Cross Defendant


Cross Defendant

Maria Messina

Cross Defendant

Lynda Friendly

Cross Defendant

Christopher Craib

Cross Defendant

Diane J. Winkfein

Cross Defendant

D. Grant Malcolm

Cross Defendant

Tony Fiorino

Cross Defendant

Gordon Eckstein represented by Don Brian Hufford (See above for address) LEAD ATTORNEY

Cross Claimant

Martin Goldfarb represented by Bradley Jay Butwin (See above for address) LEAD ATTORNEY James L. Burns (See above for address) LEAD ATTORNEY Jonathan Rosenberg (See above for address) LEAD ATTORNEY

Cross Claimant

Martin Goldfarb represented by Bradley Jay Butwin (See above for address) LEAD ATTORNEY James L. Burns (See above for address) LEAD ATTORNEY Jonathan Rosenberg (See above for address) LEAD ATTORNEY

V.

Cross Defendant

Garth H. Drabinsky represented by Harvey L. Pitt (See above for address) LEAD ATTORNEY Harvey Bernard Silikovitz (See above for address)

Cross Defendant

Myron I. Gottlieb represented by Lee S. Richards, III (See above for address) LEAD ATTORNEY Harvey Bernard Silikovitz (See above for address)

Cross Defendant

Maria Messina

Cross Defendant

Lynda Friendly

Cross Defendant

Christopher Craib

Cross Defendant

Diane J. Winkfein

Cross Defendant

D. Grant Malcolm

Cross Defendant

Tony Fiorino

Cross Defendant


Cross Defendant

Garth H. Drabinsky represented by Harvey L. Pitt (See above for address) LEAD ATTORNEY Harvey Bernard Silikovitz (See above for address)

Cross Defendant

Myron I. Gottlieb represented by Lee S. Richards, III

(See above for address) LEAD ATTORNEY Harvey Bernard Silikovitz (See above for address)

Cross Defendant

Maria Messina

Cross Defendant

Lynda Friendly

Cross Defendant

Christopher Craib

Cross Defendant

Diane J. Winkfein

Cross Defendant

D. Grant Malcolm

Cross Defendant

Tony Fiorino

Cross Claimant

Daniel D. Brambilla represented by Leon P. Gold (See above for address) LEAD ATTORNEY Leslie Jill Harris (See above for address) LEAD ATTORNEY

V.

Cross Defendant


Cross Defendant


Cross Claimant

Thomas H. Lee represented by James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

Cross Claimant

James A. Pattison represented by James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

Cross Claimant

Scott Sperling represented by James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

Cross Claimant

Joseph L. Rotman represented by James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY Sanford F. Remz (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

Cross Claimant

Thomas H. Lee represented by James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY Sanford F. Remz (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

Cross Claimant

James A. Pattison represented by James S. Dittmar (See above for address)

LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY Sanford F. Remz (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

Cross Claimant

Scott Sperling represented by James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY Sanford F. Remz (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

Cross Claimant

Joseph L. Rotman represented by James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY James S. Dittmar (See above for address) LEAD ATTORNEY Sanford F. Remz (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY William J. Connolly (See above for address) LEAD ATTORNEY

V.

Cross Defendant


Cross Defendant


Cross Defendant

Maria Messina

Cross Defendant

Lynda Friendly

Cross Defendant


Cross Defendant


Cross Defendant


Cross Defendant

Maria Messina

Cross Defendant

Lynda Friendly

Cross Defendant

Christopher Craib

Cross Defendant

Diane J. Winkfein

Cross Defendant

D. Grant Malcolm

Cross Defendant

Tony Fiorino

Cross Defendant


Cross Claimant

Deloitte & Touche Chartered Accountants TERMINATED: 11/12/2003

represented by Aric Hugo Wu (See above for address) TERMINATED: 11/12/2003 LEAD ATTORNEY John T. Behrendt (See above for address) TERMINATED: 11/12/2003 LEAD ATTORNEY Lee Gordon Dunst (See above for address) TERMINATED: 11/12/2003 LEAD ATTORNEY Peter Justus Beshar (See above for address) TERMINATED: 11/12/2003 LEAD ATTORNEY

V.

Cross Defendant


Cross Defendant


Date Filed # Docket Text

10/09/1998 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 328433. (em) (Entered: 10/13/1998)

10/09/1998 CASE REFERRED TO: Judge Robert W. Sweet. (em) (Entered: 10/13/1998)

10/09/1998 2 NOTICE OF MOTION by Dorian King, Diane King Jtwros; for an order appointing Dorian King and Diane King as Lead Plaintiffs' for the Class ; and appointing Pomerantz Haudek Block Grossman & Gross LLP and the Law Offices of Lionel Z. Glancy as Lead Counsel for the Noteholder Class , Return date 10/28/98 (ae) (Entered: 10/14/1998)

10/09/1998 3 MEMORANDUM OF LAW by Dorian King, Diane King Jtwros in support of [2-1] motion for an order appointing Dorian King and Diane King as Lead Plaintiffs' for the Class; [2-2] motion appointing Pomerantz Haudek Block Grossman & Gross LLP and the Law Offices of Lionel Z. Glancy as Lead Counsel for the Noteholder Class (ae) (Entered: 10/14/1998)

10/20/1998 Case accepted as related to 98-CV-5686. Notice of assignment to follow. (bm) (Entered: 10/21/1998)

10/20/1998 4 Notice of assignment to Judge Robert W. Sweet Copy of notice and judge's rules mailed to Attorney(s) of record: Donald R. Wager, Peter A. Binkow, Lionel Z. Glancy, Patrick V. Dahlstrom, Stanley M. Grossman . (bm) (Entered: 10/21/1998)

11/04/1998 5 MEMORANDUM by Livent, Inc., Maria Messina in opposition to [2-1] motion for an order appointing Dorian King and Diane King as Lead Plaintiffs' for the Class, [2-2] motion appointing Pomerantz Haudek Block Grossman & Gross LLP and the Law Offices of Lionel Z. Glancy as Lead Counsel for the Noteholder Class. (rec'd in the night deposit box on 11/4/98 at 9:33 p.m.) (sac) (Entered: 11/05/1998)

11/04/1998 6 AFFIDAVIT in opposition of Douglas M. Kraus by Livent, Inc., Maria Messina Re: [2-1] motion for an order appointing Dorian King and Diane King as Lead Plaintiffs' for the Class, [2-2] motion appointing Pomerantz Haudek Block Grossman & Gross LLP and the Law Offices of Lionel Z. Glancy as Lead Counsel for the Noteholder Class. (rec'd in the night deposit box on 11/4/98 at 9:33) (sac) (Entered: 11/05/1998)

11/10/1998 7 REPLY MEMORANDUM by Noteholder plaintifffs to re: [5-1] opposition memorandum. (kw) (Entered: 11/16/1998)

11/16/1998 STIPULATION and ORDER, defendants' Livent Inc.'s and Maria Messina's time to answer the complaint is extended 45 days after any consolidated complaint is filed and served herein ( signed by Judge Robert W. Sweet ) (Original entry is docketed in 98 civ. 5686 as doc. #10) (kw) (Entered: 11/18/1998)

11/17/1998 Notice of assignment mailed to Donald R. Wager returned. Undeliverable as addressed. No forwarding order on file. (bm) (Entered: 11/18/1998)

02/18/1999 8 OPINION # 81932 denying [2-1] motion for an order appointing Dorian King and Diane King as Lead Plaintiffs' for the Class; denying [2-2] motion appointing Pomerantz Haudek Block Grossman & Gross LLP and the Law Offices of Lionel Z. Glancy as Lead Counsel for the Noteholder Class Signed by Judge Robert W. Sweet ); Copies mailed. (djc) (Entered: 02/19/1999)

04/13/1999 9 Filed Memo-Endorsement on letter to Judge Sweet from Patrick V. Dahlstrom dated 04/08/99, counsel for plaintiffs request that the pretrial conference scheduled for April 14, 1999, be adjourned pending the determination of the motions to consolidate, appoint lead plaintiff, and approve Lead Counsel in the Second Noteholder Action. So ordered. (signed by Judge Robert W. Sweet) (djc) (Entered: 04/14/1999)

05/25/1999 10 MEMORANDUM by Dorian King, Diane King Jtwros in support of thier motin to consolidate the related actions, appoint lead plntfs and approve lead plntfs' selection of c0-lead counsel (cd) (Entered: 05/27/1999)

05/25/1999 11 NOTICE OF MOTION by Dorian King, Diane King Jtwros (noteholder Plaintiffs); for an order consolidating actions no. 98cv7161(RWS) and 99cv2296(RWS) ; appointing the Plaintiffs as Lead Plaintiffs ; approving their selection of Pomerantz, Haudek, Block, Grossman & Gross LLP and the Law Offices of Lionel Z. Glancy as Co-Lead Counsel , Return date 6/9/99 (pl) Modified on 05/28/1999 (Entered: 05/27/1999)

06/22/1999 12 ORDER Consolidating the Related Actions, granting [11-1] motion for an order consolidating actions no. 98cv7161(RWS) and 99cv2296(RWS), granting motion appointing the Plaintiffs as Lead Plaintiffs, granting [11-3] motion approving their selection of Pomerantz, Haudek, Block, Grossman & Gross LLP and the Law Offices of Lionel Z. Glancy as Co-Lead Counsel (signed by Judge Robert W. Sweet); Copies mailed (ri) (Entered: 06/22/1999)

06/22/1999 Consolidated Lead Case (ri) (Entered: 06/22/1999)

06/28/1999 13 NOTICE that the order Consolidating the related actions, appointing the noteholder plaintiffs as lead plaintiffs, and approving lead counsel was entered by the Court on 6/18/99. (ri) (Entered: 06/30/1999)

08/05/1999 14 STIPULATION and ORDER; that pltffs shall file the Complaint on or before 9/1/99; defts shall have 90 days from the date of filing of the Complaint in which to answer or otherwise respond; in the event that any deft files a motion to dismiss, pltffs shall have 30 days from the date of filing in which to oppose the motion; defts shall have 30 days in which to file a reply, if any; this Stipulation and Order may be executed in counterparts, all of which shall be considered one and the same agreement ( signed by Judge Sidney H. Stein ). (jp) (Entered: 08/05/1999)

08/06/1999 15 AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by Dorian King (Answer due 8/19/99 for CIBC Oppenheimer, for A. Alfred Taubman, for H. Garfield Emerson, for Robert Topal, for Gordon Eckstein, for & Touche, for Livent Realty (CHI), for Livent Realty (N.Y.), for Livent International, for Livent Capital, Inc., for Livent (U.S.) Inc., for Maria Messina, for Myron I. Gottlieb, for Garth H. Drabinsky, for Livent, Inc. ) amending [1-1] complaint against Daniel D. Brambilla, Martin Goldfarb, Lynda Friendly, Jerald M. Banks, Thomas H. Lee, James A. Pattison, Joseph L. Rotman, Scott Sperling, Christopher Craib, Diane J. Winkfein, D. Grant Malcolm, Tony Fiorino; Summons issued. (djc) (Entered: 08/09/1999)

09/20/1999 16 STIPULATION and ORDER; that dft's PaineWebber Inc. and Furman Selz ahve until 11/4/99 in which to move, answer or otherwise respond to the Consoldited Amended Class Action Complaint ( signed by Judge Robert W. Sweet ) (pl) (Entered: 09/20/1999)

10/21/1999 17 STIPULATION and ORDER, that the time within which Scott Sperling, Thomas H. Lee, Martin Goldfarb, Deloitte & Touche, Maria Messina, Myron I. Gottlieb, Garth H. Drabinsky, and H. Garfield Emerson, must answer, move or otherwise plead with respect to the amended consolidated class action complaint is extended from 11/3/99 to 12/3/99 . (signed by Judge Robert W. Sweet) (ri) (Entered: 10/26/1999)

11/09/1999 18 STIPULATION AND ORDER Extending Time; that the time of Deft. Gordon Eckstein to move or answer w/ regard to the Amended Consolidated Class Action

Complt. is extended to 12/3/99 ; ( signed by Judge Robert W. Sweet ) (ls) (Entered: 11/10/1999)

11/15/1999 19 STIPULATION and ORDER, that defendant Joseph L. Rotman's time to answer, move or otherwise respond to the complaint is extended from 11/9/99 to and including 12/3/99 . (signed by Judge Robert W. Sweet) (ri) (Entered: 11/16/1999)

11/19/1999 20 STIPULATION and ORDER, reset answer to consolidated amended class action complaint due for 1/18/00 for H. Garfield Emerson, for A. Alfred Taubman, for CIBC Wood Gundy Sec., for Deloitte & Touche, for Martin Goldfarb, for Thomas H. Lee, for Scott Sperling . ( signed by Judge Robert W. Sweet ) (sn) (Entered: 11/24/1999)

11/24/1999 21 STIPULATION and ORDER; reset answer to the complt. due for 12/3/99 for Lynda Friendly ; ( signed by Judge Robert W. Sweet ) (ls) (Entered: 11/29/1999)

12/01/1999 22 STIPULATION AND ORDER: reset answer due for 1/18/00 for Joseph L. Rotman. ( signed by Judge Robert W. Sweet ) (sac) (Entered: 12/02/1999)

12/03/1999 23 STIPULATION and ORDER, that the time of defendant Gordon Eckstein to move or answer with regard to the amended consolidated class action complaint is extended to 1/18/00 . (signed by Judge Robert W. Sweet) (ri) (Entered: 12/06/1999)

01/19/2000 24 STIPULATION and ORDER, on or before 2/11/00 plntfs will (1) state their intention to stand on their Amended Complaint or (2) file a Second Amended Complaint. The undersigned defts will answer, move or otherwise plead with respect to the Amended Complaint or the Second Amended Complaint within 60 days of the above. If motions to dismiss are fld, plntfs will file answering papers within 60 days after receiving defts' motion, and the defts will file reply papers within 30 days after receiving plntfs' answering papers ( signed by Judge Robert W. Sweet ) (cd) (Entered: 01/20/2000)

01/19/2000 25 CONSENT TO SUBSTITUTION OF COUNSEL; that purs. to Local Rule 1.4, Simpson, Thacher & Bartlett withdraws as counsel for deft Joseph L. Rotman, and James S. Dittmar and Sanford F. Remz of the firm of Hutchins, Wheeler & Dittmar shall appear as counsel for deft Rotman. Hutchins, Wheeler & Dittmar shall already represents defts Thomas H. Lee and Scott A. Sperling in this action . ( signed by Judge Robert W. Sweet ); (jp) (Entered: 01/21/2000)

01/24/2000 26 STIPULATION and ORDER, on or before 2/11/00 plntfs will (1) state their intention to stand on their Amended Complaint or (2) file a Second Amended Complaint; the defts will answer, move or otherwise plead with respect to the Amended Complaint or the Second Amended Complaint within 60 days after the above. If motions to dismiss are fld, plntfs will file answering papers within 60 days after receiving defts' motion, and the defts will file reply papers within 30 days after receiving plntfs' answering papers ( signed by Judge Robert W. Sweet ) (cd) (Entered: 01/25/2000)

02/02/2000 27 STIPULATION and ORDER; by 2/11/00, pltffs will state their intention to stand on their amended consolidated class action complaint; or file a second amended consolidated class action complaint. Deft Gordon Eckstein will answer, move or plead with respect to the amended consolidated class action complaint or second amended consolidated class action complaint within 60 days after pltffs state their

intention to stand on the amended consolidated class action complaint; or file a second amended consolidated class action complaint. If motions to dismiss are filed, pltffs will file answering papers within 60 days after receiving defts' motion, and defts will file their reply within 30 days after receiving pltffs' answering papers . ( signed by Judge Robert W. Sweet ) (sn) Modified on 02/04/2000 (Entered: 02/03/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Myron I. Gottlieb by Sharon Turville, Exexutive Assistant on 2/7/00. Answer due on 2/28/00 for Myron I. Gottlieb; also attempted to serve defendant personally on 3 different occassions on 02/07/00 (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Christopher Craib by Martin Pawelczyk, Concierge on 2/8/00. Answer due on 2/28/00 for Christopher Craib; also attempted to serve defendant personally on 02/07/00 at various times of day. (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Daniel D. Brambilla by Joseph Kelemen, Concierge on 2/8/00. Answer due on 2/28/00 for Daniel D. Brambilla; also attempted to serve defendant personally on 02/07/00 at various times of day (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and ocmplaint as to Jerald M. Banks by Jerald M. Banks on 2/7/00; Answer due on 2/28/00 for Jerald M. Banks. (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Garth H. Drabinsky by Sharon Turville, Executive Assistant on 2/7/00. Answer due on 2/28/00 for Garth H. Drabinsky; also attempted to serve defendant personally on 02/07/00 at various times of day. (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Thomas H. Lee by personal service on 9/14/99. Answer due on 10/4/99 for Thomas H. Lee (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Scott Sperling by personal service on 9/22/99 . Answer due on 10/12/99 for Scott Sperling. (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of amended summons and complaint as to D. Grant Malcolm by personal service on 10/14/99. Answer due on 11/3/99 for D. Grant Malcolm . (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Lynda Friendly by personal service on 10/22/99. Answer due on 11/12/99 for Lynda Friendly . (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Tony Fiorino by personal service on 10/25/99. Answer due on 11/15/99 for Tony Fiorino. (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Diane J. Winkfein by Joy Edelstein, Roommate on 10/21/99 . Answer due on 11/10/99 Diane J. Winkfein. (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to Joseph L. Rotman by Bill Scott, Solicitor for deft., on 10/20/99. Answer due on 11/9/99 for Joseph L. Rotman . (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service of summons and complaint as to CIBC Oppenheimer by William J. Sullivan, Managing Agent on 10/15/99. Answer due on 11/4/99 for CIBC Oppenheimer. (djc) (Entered: 02/15/2000)

02/14/2000 28 Affidavit of service as to James A. Pattison by Nick Desmarais, Solitior for defendant on 10/29/99. Answer due on 11/18/99 for James A. Pattison. (djc) (Entered: 02/15/2000)

02/14/2000 29 Clerk's Certificate of Mailing of summons and complaint for Christopher Craib by Registered Mail #R848498754 (Returned on:02/22/00), Daniel D. Brambilla by Registered Mail #R848498755 (Returned on: ), Jerald M. Banks by Registered Mail #R848498756 (Returned on:02/22/00), Myron I. Gottlieb by Registered Mail #R848498757 (Returned on:02/22/00), Garth H. Drabinsky by Registered Mail #R848498758 (Returned on:02/22/00) (sn) Modified on 03/14/2000 (Entered: 02/17/2000)

02/17/2000 30 STIPULATION and ORDER; pltffs shall file their second amended consolidated class action complt. on or before 3/13/00; defts shall answer, move or otherwise plead w/ respect to the second amended consolidated class action complt. on or before 5/12/00; if motions to dismiss are filed, (i) pltffs shall file answering papers on or before 7/11/00, and (ii) defts shall file reply papers on or before 8/17/00 ; ( signed by Judge Robert W. Sweet ) (ls) Modified on 02/22/2000 (Entered: 02/18/2000)

02/17/2000 Deadline updated: reset amended pleadings due for 3/13/00 (ls) (Entered: 02/18/2000)

03/13/2000 32 SECOND AMENDED COMPLAINT by Dorian King, Diane King (Answer due 4/3/00 for Joseph L. Rotman, for Tony Fiorino, for D. Grant Malcolm, for Diane J. Winkfein, for Christopher Craib, for Scott Sperling, for James A. Pattison, for Thomas H. Lee, for Lynda Friendly, for Martin Goldfarb, for Daniel D. Brambilla, for CIBC Oppenheimer, for A. Alfred Taubman, for H. Garfield Emerson, for Robert Topal, for Gordon Eckstein, for Deloitte & Touche, for Livent Realty (CHI), for Livent Realty (N.Y.), for Livent International, for Livent Capital, Inc., for Livent (U.S.) Inc., for Maria Messina, for Myron I. Gottlieb, for Garth H. Drabinsky amending [15-1] amended complaint against Paine Webber, Furman Selz, CIBC Wood Gundy; Summons issued. (docmt filed in night dep. on 03/13/00 at 6:08 p.m.) (djc) (Entered: 03/16/2000)

03/15/2000 31 CERTIFICATE OF SERVICE by Deloitte & Touche, A. Alfred Taubman, CIBC Oppenheimer, Livent, Inc., Gordon Eckstein, H. Garfield Emerson, Maria Messina, Robert Topal, Lynda Friendly, Garth H. Drabinsky, Thomas H. Lee, Joseph L. Rotman, Scott Sperling, James A. Pattison, Martin Goldfarb, Daniel D. Brambilla, Myron I. Gottlieb, Christopher Craib, Diane J. Winkfein, D. Grant Malcolm, Tony Fiorino of the Stip. & Order by mail on 3/15/00. (sac) (Entered: 03/16/2000)

03/15/2000 33 Certificate of service as to Thomas H. Lee, Joseph L. Rotman, Scott Sperling, James A. Pattison, Paine Webber, Furman Selz by Samford F. Remz, Charles A. Gilman, attorneys for defts on 3/15/00. Answer due on 4/4/00 for Thomas H. Lee,

for Joseph L. Rotman, for Scott Sperling, for James A. Pattison, for Paine Webber, for Furman Selz. (sn) (Entered: 03/16/2000)

03/20/2000 34 STIPULATION and ORDER; that pltffs shall file their Second Amended Consolidated Class Action Complaint on or before 3/13/00 ; defts shall answer, move or otherwise plead with respect to the Second Amended Consolidated Class Action Complaint on or before 5/12/00 ; if motions to dismiss are filed, (i) pltffs shall file answering papers on or before 7/11/00, and (ii) defts shall file reply papers on or before 8/17/00 . ( signed by Judge Robert W. Sweet ) (jp) (Entered: 03/20/2000)

04/17/2000 151 MEMORANDUM OF LAW in support of the Noteholder plaintiffs' motion to enjoin the proceedings in the Cerebus/Rieger action. (kw) (Entered: 04/10/2002)

04/24/2000 35 Notice of reassignment to Judge Victor Marrero. Copy of notice and judge's rules mailed to Attorney(s) of record: Donald R. Wager, Peter A. Binkow, Lionel Z. Glancy, Patrick V. Dahlstrom, Stanley M. Grossman. (em) (Entered: 04/27/2000)

05/09/2000 36 Memo-Endorsement on letter addressed to Judge Marrero from Howard O. Godnick, dated 5/4/00; counsel requests leave to file a brief of no more than 50 pages; petition granted; deft CIBC Oppenheimer's brief on the motion to dismiss shall not exceed 50 pages, double spaced 12" font type; pltff's response shall be similarly limited; reply brief not to exceed 15 pages ( signed by Judge Victor Marrero ); Copies mailed. (lam) Modified on 05/15/2000 (Entered: 05/11/2000)

05/11/2000 37 DECLARATION of Mario Aieta counsel for Cerberus Capital Corporation, Tri-Links Investment Trust and Alice F. Rieger, plaintiffs in civil action no. 99-9425. (kw) (Entered: 05/12/2000)

05/11/2000 38 MEMORANDUM OF LAW filed by Cerberus Capital Corp., Tri-Links Investment Trust, and Alice F. Rieger, pltffs in #99cv9425 in opposition to the Noteholder pltffs' Motion to enjoin the proceedings in the Cerberus/Rieger Action. (lam) (Entered: 05/12/2000)

05/12/2000 39 ANSWER to Second Amended Complaint by Myron I. Gottlieb (Attorney Lee S. Richards from the Firm: Richards Spears Kibbe & Orbe). (lam) (Entered: 05/15/2000)

05/12/2000 40 ANSWER to Complaint by Garth H. Drabinsky (Attorney Harvey L. Pitt from the Firm: Fried, Frank, Harris, Shriver & Jacobson). (kw) (Entered: 05/16/2000)

05/12/2000 Received copy of Notice of Reassignment which had been mailed to Donald R. Wager, Esq., and returned by the U.S.P.O. stamped: "Not UCLA". (em) (Entered: 05/22/2000)

05/17/2000 41 STIPULATION and ORDER, reset answer due for 5/26/00 for CIBC Wood Gundy, for Furman Selz, for Paine Webber, for Joseph L. Rotman, for Tony Fiorino, for D. Grant Malcolm, for Diane J. Winkfein, for Christopher Craib, for Scott Sperling, for James A. Pattison, for Thomas H. Lee, for Jerald M. Banks, for Lynda Friendly, for Martin Goldfarb, for Daniel D. Brambilla, for Deloitte & Touche, for Livent Realty (CHI), for Livent Realty (N.Y.), for Livent International, for Livent Capital, Inc., for Livent (U.S.) Inc., for Maria Messina, for Myron I. Gottlieb, for Garth H. Drabinsky, and for Livent, Inc. ; ( signed by Judge Victor

Marrero ). (kw) (Entered: 05/18/2000)

05/17/2000 42 STIPULATION and ORDER, reset answer to Second Amended Consolidated Class Action Complaint due for 5/26/00 for Paine Webber. If motions to dismiss are filed, (i) plaintiffs shall serve and file their papers in opposition to the motions by 7/25/00, and (ii) defendants shall serve and file reply papers by 8/31/00 ; ( signed by Judge Victor Marrero ). (kw) Modified on 05/22/2000 (Entered: 05/18/2000)

05/17/2000 43 STIPULATION and ORDER, reset answer due for Robert Topol with respect to the Second Amended Consolidated Class Action Complaint to 5/26/00 ( signed by Judge Victor Marrero ) (lam) (Entered: 05/18/2000)

05/17/2000 44 MEMO-ENDORSEMENT on notice of substitution; substituting Hogan & Hartson LLP as counsel and attorneys of record for Robert Topol in place of Davis Weber & Edward PC ( signed by Judge Victor Marrero ); Copies mailed. (lam) (Entered: 05/18/2000)

05/17/2000 45 STIPULATION and ORDER, set answer to the second amended complaint due for 5/26/00 for CIBC Wood Gundy, CIBC, Oppenheimer Securities ; if a motion to dismiss is filed, pltffs will file answering papers by 7/25/00, and defts will file reply papers by 8/3/00 (signed by Judge Victor Marrero ) (lam) Modified on 05/19/2000 (Entered: 05/18/2000)

05/18/2000 46 STIPULATION and ORDER, reset answer to the Second Amended Consolidated Class Action Complaint due for 7/12/00 for Diane J. Winkfein, for Christopher Craib, for Tony Fiorino, and for D. Grant Malcolm ; ( signed by Judge Victor Marrero ). (kw) (Entered: 05/19/2000)

05/18/2000 47 STIPULATION and ORDER, reset answer to the Second Amended Complaint due for 6/9/00 for Daniel D. Brambilla ; ( signed by Judge Victor Marrero ). (kw) (Entered: 05/19/2000)

05/18/2000 48 REPLY MEMORANDUM by the Noteholder Class in opposition to the re: [38-1] opposition memorandum. (Filed in the Court's night deposit box on 5/18/00 at 7:38 p.m.) (ri) Modified on 05/19/2000 (Entered: 05/19/2000)

05/18/2000 49 STIPULATION, reset answer due for 7/12/00 for Maria Messina ; in the event that Ms. Messina moves to dismiss the complaint, pltff shall have until 9/12/00 to file and serve responding papers, and deft shall have until 10/12/00 to file and serve reply papers ( signed by Judge Victor Marrero ) (lam) Modified on 05/22/2000 (Entered: 05/19/2000)

05/23/2000 50 Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 5/19/00; Re: counsel for "D&T Canada" requests leave to file a memorandum of law in support of their motion to dismiss of no more than 45 pages; request granted; deft D&T Canada may exceed the page limitation of the Court's Practices for its brief not to exceed 45 pages ( signed by Judge Victor Marrero ); Copies mailed. (lam) (Entered: 05/25/2000)

05/25/2000 51 Memo-Endorsement on letter addressed to Judge Marrero from Stephen A. Radin, dated 5/23/00. Re: defendants request permission to file a brief of no more than 50 pages. Request granted. The brief of the named defendants shall not exceed 50

pages ; ( signed by Judge Victor Marrero ); copies mailed. (kw) (Entered: 05/30/2000)

05/26/2000 52 NOTICE OF MOTION by CIBC Oppenheimer, and CIBC Wood Gundy; for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing the complaint against CIBC ; no return date indicated. (Received in the night deposit box on 5/26/00 at 5:53 p.m.) (kw) (Entered: 06/01/2000)

05/26/2000 53 AFFIDAVIT of Howard O. Godnick, Esq. by CIBC Oppenheimer, and CIBC Wood Gundy in support of [52-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing the complaint against CIBC. (Received in the night deposit box on 5/26/00 at 5:53 p.m.) (kw) (Entered: 06/01/2000)

05/26/2000 54 MEMORANDUM OF LAW by CIBC Oppenheimer, and CIBC Wood Gundy in support of [52-1] motion for an order pursuant to Rules and 12(b)(6) of the FRCP dismissing the complaint against CIBC. (Received in the night deposit box on 5/26/00 at 5:53 p.m.) (kw) (Entered: 06/01/2000)

05/26/2000 55 NOTICE OF MOTION by Deloitte & Touche; for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity ; no return date indicated. (Received in the night deposit box on 5/26/00 at 5:15 p.m.) (kw) (Entered: 06/01/2000)

05/26/2000 56 DECLARATION of Peter J. Beshar by Deloitte & Touche in support of Re: [55-1] motion for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity. (Received in the night deposit box on 5/26/00 at 5:16 p.m.) (kw) (Entered: 06/01/2000)

05/26/2000 57 MEMORANDUM OF LAW by Deloitte & Touche in support of [55-1] motion for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity. (Received in the night deposit box on 5/26/00 at 5:15 p.m.) (kw) (Entered: 06/01/2000)

05/26/2000 58 NOTICE OF MOTION by Paine Webber, and Furman Selz; for an order pursuant to FRCP 12(b)(6) dismissing plaintiffs' second amended consolidated complaint ; affidavit of Charles A. Gilman in support is attached; return date 8/31/00. (kw) (Entered: 06/01/2000)

05/26/2000 59 MEMORANDUM OF LAW by Paine Webber, and Furman Selz in support of [58-1] motion for an order pursuant to FRCP 12(b)(6) dismissing plaintiffs' second amended consolidated. (kw) (Entered: 06/01/2000)

05/26/2000 60 NOTICE OF MOTION by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman, Thomas H. Lee, James A. Pattison, Scott Sperling, and Joseph L. Rotman; for an order dismissing the Complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP ; affidavit of Stephen A. Radin in support is attached; return date 8/31/00. (kw) (Entered: 06/01/2000)

05/26/2000 61 MEMORANDUM OF LAW by H. Garfield Emerson, A. Alfred Taubman, Martin Goldfarb, Scott Sperling, James A. Pattison, and Thomas H. Lee in support of [60-

1] motion for an order dismissing the Complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP. (kw) (Entered: 06/01/2000)

05/30/2000 62 STIPULATION and ORDER; reset answer due with respect to the second amended consolidated class action complaint for 7/12/00 for Robert Topal . If a motion to dismiss is filed, pltffs will file answering papers by 9/12/00 and Mr. Topol will file reply papers by 10/12/00 . ( signed by Judge Victor Marrero ) (sn) (Entered: 06/01/2000)

06/12/2000 63 MEMORANDUM OF LAW by Dorian King in opposition to the motion to appoint Lead plaintiff and lead counsel filed on behalf of Alice Reiger, Tri-Links Investment Trust, and Cerberus Capital Management, L.P. in 99 civ. 9425. (Received in the night deposit box on 6/12/00 at 9:59 p.m.) (kw) Modified on 06/15/2000 (Entered: 06/15/2000)

06/13/2000 64 NOTICE OF MOTION by Daniel D. Brambilla; for an order dismissing the plaintiffs' second amended consolidated class action complaint against Daniel D. Brambilla ; no return date indicated. (kw) Modified on 07/28/2000 (Entered: 06/16/2000)

06/13/2000 65 MEMORANDUM OF LAW by Daniel D. Brambilla in support of [64-1] motion for an order dismissing the plaintiffs' seconded amended consolidated class action complaint against Daniel D. Brambilla. (kw) (Entered: 06/16/2000)

07/12/2000 66 ANSWER to Complaint by Robert Topal (Attorney from the Firm: Hogan & Hartson LLP) . (lam) (Entered: 07/13/2000)

07/12/2000 67 Joinder of Robert Topal in the outside Directors' Motion to Dismiss Pltffs' Securities Act Claims; the portion which addresses pltffs' claims under the Securities Act of 1933; Mr. Topol joins in Section II and IIIB of the Outside Directors motion to dismiss dated 5/26/00 which are directed to pltffs' Section 11,12 and 15 claims. (lam) (Entered: 07/13/2000)

07/14/2000 68 STIPULATION and ORDER, reset answer due for 9/12/00 for Lynda Friendly . ( Signed by Judge Victor Marrero ). (kw) (Entered: 07/17/2000)

07/14/2000 69 STIPULATION and ORDER, reset answer to the Second Amended Consolidated Class Action Complaint due for 11/15/00 for Diane J. Winkfein, for Christopher Craib, for D. Grant Malcolm, for Tony Fiorino ; if motions to dismiss are filed, pltffs shall file answering papers by 1/15/01, and these named defts shall file reply papers by 2/15/01 (signed by Judge Victor Marrero ) (lam) (Entered: 07/20/2000)

07/21/2000 70 Memo-Endorsement on letter addressed to Judge Marrero from Murielle Steven Walsh, dated 7/17/00. Re: Plaintiffs request permission to file three reply briefs each no more than 30 pages in length; request denied; All previous Replies in this action have been authroized to exceed the Court's practices rules up to 25 pages. Limit here shall be 25 pages . ( signed by Judge Victor Marrero ); Copies mailed. (pl) (Entered: 07/21/2000)

07/26/2000 71 Memo-Endorsement on letter addressed to Judge Marrero from Murielle Steven Walsh, dated 7/21/00. Re: plaintiffs request that the Court reconsider its decision and grant plaintiffs leave to file three memoranda in opposition to defendants' motion, each longer than 50 pages in length. Request granted. The Court's Order of

7/20/00 is rescinded. Plaintiff may file response papers to defendants' motions that shall not exceed 50 pages each . ( Signed by Judge Victor Marrero ). Copies mailed. (kw) (Entered: 07/27/2000)

07/27/2000 72 MEMORANDUM OF LAW by Dorian King, Diane King in opposition to [64-1] motion for an order dismissing the plaintiffs' second amended consolidated class action complaint against Daniel D. Brambilla. w. Appendix of Unreported Decisions; (djc) (Entered: 07/28/2000)

07/27/2000 73 DECLARATION of Mark P. Monack by Dorian King, Diane King in opposition Re: [64-1] motion for an order dismissing the plaintiffs' second amended consolidated class action complaint against Daniel D. Brambilla, [60-1] motion for an order dismissing the Complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP, [58-1] motion for an order pursuant to FRCP 12(b)(6) dismissing plaintiffs' second amended consolidated complaint, [55-1] motion for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity, [52-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing the complaint against CIBC . (djc) (Entered: 07/28/2000)

07/27/2000 74 MEMORANDUM OF LAW by Dorian King, Diane King in opposition to [55-1] motion for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity . (djc) (Entered: 07/28/2000)

07/27/2000 75 MEMORANDUM OF LAW by Dorian King, Diane King in opposition to [60-1] motion for an order dismissing the Complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP . (djc) (Entered: 07/28/2000)

08/04/2000 76 STIPULATION and ORDER; reset answer due for 9/12/00 for Maria Messina . In the event that Ms. Messina moves to dismiss the complaint, pltffs shall have until 11/13/00 to file and serve responding papers, and Ms. Messina shall have until 12/12/00 to file and serve reply papers . ( signed by Judge Victor Marrero ) (sn) (Entered: 08/07/2000)

08/08/2000 77 STIPULATION and ORDER, defts CIBC Wood Gundy Securiities Corp.'s reply to response to motion reset to 9/15/00 for [52-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing the complaint against CIBC ( signed by Judge Victor Marrero ) Copies faxed by Chambers. (lam) (Entered: 08/09/2000)

08/14/2000 78 STIPULATION and ORDER, defendants' reply to response to motion reset to 9/15/00 [64-1] motion for an order dismissing the plaintiffs' second amended consolidated class action complaint against Daniel D. Brambilla, reset to 9/15/00 [60-1] motion for an order dismissing the Complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP, reset to 9/15/00 [58-1] motion for an order pursuant to FRCP 12(b)(6) dismissing plaintiffs' second amended consolidated complaint, reset to 9/15/00 [55-1] motion for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity, and reset to 9/15/00 [52-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing the complaint against CIBC . ( signed by Judge Victor Marrero ) (kw) (Entered: 08/15/2000)

09/11/2000 79 Memo-Endorsement on letter addressed to Judge Marrero from Stephen A. Radin,

dated 09/07/00; Re: counsel writes on behalf of defendant Mr. Emerson and six other defendants in this action represented by a total of four law firms for permission to file one reply brief of no more than 25 pages; Request granted. Defendants' reply brief may exceed the Court's page limit Rule, up to 25 pages total ; (signed by Judge Victor Marrero); Copies mailed. (djc) Modified on 09/14/2000 (Entered: 09/12/2000)

09/11/2000 80 Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, atty for D&T Canada, dated 9/6/00; deft D&T's reply memorandum of law in further support of their motion to dismiss may exceed the Court's page limit Rule, up to 25 pages total ( signed by Judge Victor Marrero ); Copies mailed. (lam) (Entered: 09/12/2000)

09/11/2000 82 Memo-Endorsement on letter addressed to Judge Marrero from Howard O. Godnick, dated 9/5/00. Re: dft's CIBC Wood Gundy Securities, Inc. and CIBC Oppenhiemer Securities Corp. request leave to file a reply brief of 15 pages; request granted. Defendants reply brief may exceed the Court's page limit Rule, up to 15 pages total ( signed by Judge Victor Marrero ); Copies mailed. (pl) (Entered: 09/13/2000)

09/12/2000 81 STIPULATION and ORDER, defendant Daniel D. Brambilla's reply to response to motion reset to 9/15/00 [64-1] motion for an order dismissing the plaintiffs' second amended consolidated class action complaint against Daniel D. Brambilla . ( signed by Judge Victor Marrero ) (kw) (Entered: 09/13/2000)

09/13/2000 83 STIPULATION; reset answer due for 11/13/00 for Lynda Friendly . ( signed by Judge Victor Marrero ) (pl) (Entered: 09/14/2000)

09/15/2000 84 STIPULATION, that deft Maria M. Messina shall have until 60 days from the date that the District Court enters a decision on the pending motions to dismiss the Complaint to answer or move with regard to the Complaint; in the event that Ms. Messina moves to dismiss the Complaint, pltffs shall have 45 days to file and serve responding papers, and Ms. Messina shall have 30 days to file and serve reply papers ( signed by Judge Victor Marrero ) (lam) (Entered: 09/18/2000)

09/15/2000 85 REPLY MEMORANDUM by Deloitte & Touche in further support of its [55-1] motion for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity (filed in night deposit on 9/15/00 @5:51pm) (lam) Modified on 09/19/2000 (Entered: 09/19/2000)

09/15/2000 86 REPLY MEMORANDUM by Daniel D. Brambilla in support of [64-1] motion for an order dismissing the plaintiffs' second amended consolidated class action complaint against Daniel D. Brambilla (filed in night deposit on 9/15/00 @6:21pm) (lam) (Entered: 09/19/2000)

09/15/2000 87 REPLY MEMORANDUM by CIBC Wood Gundy, CIBC Oppenheimer in further support of their [52-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing the complaint against CIBC (filed in night deposit on 9/15/00 @5:08pm) (lam) (Entered: 09/19/2000)

09/15/2000 88 Appendix of Unreported Decisions Cited in Support of the Motion of Defendants Painewebber Incorporated and Furman Selz to Dismiss Plaintiffs' Second Amended

Consolidated Complaint. (djc) (Entered: 09/20/2000)

09/15/2000 89 REPLY MEMORANDUM by Paine Webber in Further Support of [58-1] motion for an order pursuant to FRCP 12(b)(6) dismissing plaintiffs' second amended consolidated complaint. (djc) (Entered: 09/20/2000)

09/15/2000 90 REPLY MEMORANDUM of LAW by Thomas H. Lee, James A. Pattison, Scott Sperling re: in Support of the Outside Directors' Motion to Dismsis Plaintiffs' Second Amended Complaint; w. Appendix of Unreported Cases. (djc) (Entered: 09/20/2000)

09/15/2000 91 Reply affidavit of Stephen A. Radin by H. Garfield Emerson in further support of the motion to dismiss Plaintiffs' Second Amended Consolidated Class Action Complaint; (djc) (Entered: 09/20/2000)

11/09/2000 92 RULE 1.9 CERTIFICATE filed by Paine Webber, Furman Selz . (jp) (Entered: 11/13/2000)

11/14/2000 93 STIPULATION, reset answer due for 12/28/00 for Lynda Friendly ( signed by Judge Victor Marrero ) (lam) (Entered: 11/15/2000)

12/14/2000 94 NOTICE OF MOTION by Dorian King, Diane King for an order, purs. to Rule 1.3(c) of the Local Rules, admitting Lionel Z. Glancy and Peter A. Binkow as attorneys pro hac vice . No return date indicated. Affidavits of H. Adam Prussin, Lionel Z. Glancy, and Peter A. Binkow in support are attached. (sn) (Entered: 12/18/2000)

12/20/2000 95 Order granting applications of Peter A. Binkow and Lionel Z. Glancy for admission pro hac vice; granting [94-1] motion for an order, purs. to Rule 1.3(c) of the Local Rules, admitting Lionel Z. Glancy and Peter A. Binkow as attorneys pro hac vice. ( signed by Judge Victor Marrero ); Copies mailed. (Forwarded to Attorney Admissions Clerk) (sn) (Entered: 12/21/2000)

01/11/2001 96 STIPULATION, reset answer due for 2/21/01 for Lynda Friendly ( signed by Judge Victor Marrero ) (lam) (Entered: 01/12/2001)

01/25/2001 97 NOTICE of Change of Address by Schulte Roth & Zabel, LLP. (sac) (Entered: 01/29/2001)

02/22/2001 98 STIPULATION and ORDER; reset answer to the complt. due for 4/23/01 for Lynda Friendly ; ( signed by Judge Victor Marrero ) (lf) (Entered: 02/23/2001)

06/29/2001 99 DECISION AND ORDER; granting [52-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing the complaint against CIBC; granting in part, denying in part [55-1] motion for an order dismissing plaintiffs' second amended consolidated class action complaint on the grounds of failure to state a claim and failure to plead fraud with particularity; granting [58-1] motion for an order pursuant to FRCP 12(b)(6) dismissing plaintiffs' second amended consolidated complaint; granting in part, denying in part [60-1] motion for an order dismissing the Complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP; granting in part, denying in part [64-1] motion for an order dismissing the plaintiffs' second amended consolidated class action complaint against Daniel D. Brambilla. That the motion of defts PaineWebber and Furman Selz to dismiss (doc. #25-1) is granted. That the motion of deft Deloitte & Touche Chartered, Accountants to

dismiss (doc. #27-1) is granted. That the motion of deft Deloitte & Touche, LLP to dismiss (doc. #32-1) is granted. That the motion of deft Estate of Andrew Sarlos to dismiss (doc. #35-1) is terminated purs. to a stipulation (doc. #65) by the parties dated 6/20/00. That the motion of defts Goldfarb, Emerson, Taubman, Black, Lee, Pattison, Rotman, and Sperling to dismiss (doc. #37-1) is granted. That the motion of deft Furman to dismiss (doc. #39-1) is granted. That the motion of defts Lynx Ventures, L.P., Lynx Ventures, LLC, Ovitz, Burkle, Cross, Jones, Munroe-Blum and Speyer to dismiss (doc.#43-1) is granted. That the Rieger Noteholders' motions to strike the answer of defts Drabinsky, Eckstein, and Gottlieb (docs. #48-1&2) are granted and for judgment on the pleadings (docs. 69-1&2) are denied. That the Rieger Noteholders' motion for an order appointing them as Lead Pltffs and approving their selection of counsel as Lead Counsel (docs. 57-1&2) is denied. That the motion of deft Topol to dismiss (doc. #59-1) is granted. That the motion of deft Cerberus Copital to be appointed as Lead Pltffs (doc. #68-1) and for an order approving Lead Counsel (doc. #68-2) is denied. That pltffs Cerberus Capital and Tri-Links answer deft CIBC Oppenheimer's motion to dismiss (doc. #91-1) within 20 days of the date of this Decision and Order. That defts Drabinsky, Gottlieb, and Eckstein and directed to file an amended answers to the Rieger Action's First Amended Complaint within 20 days of the date of this Decision and Order. That the motion of deft Outside Directors' motion to dismiss pltff Alice Rieger's claims and to consolidate them with the Noteholders' Action is granted, with consolidation to be accomplished in a manner to be stipulated by the parties within 20 days of the date of this Decision and Order. That pltffs Cerberus Capital and Tri-Links are enjoined from pursuing claims on behalf of members of the Noteholders Class as defined in the Noteholders' Action. ( signed by Judge Victor Marrero ); Copies mailed. (sac) (Entered: 07/05/2001)

07/06/2001 100 NOTICE of Law Firm Name Change by Martin Goldfarb. (sac) (Entered: 07/10/2001)

07/16/2001 101 NOTICE OF MOTION by Deloitte & Touche for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01 ; and for an order, dismissing the Section 10(b) securities fraud claim against D&T Canada ; Return date not indicated. (rec'd in the night deposit box on 7/16/01 at 7:33 p.m.) (sac) (Entered: 07/18/2001)

07/16/2001 102 MEMORANDUM OF LAW by Deloitte & Touche in support of [101-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01, [101-2] motion for an order, dismissing the Section 10(b) securities fraud claim against D&T Canada. (rec'd in the night deposit box on 7/16/01 at 7:33 p.m.) (sac) (Entered: 07/18/2001)

07/18/2001 103 Memo-Endorsement on letter addressed to Judge Marrero from Murielle Steven Walsh, dated 7/16/01; counsel for the noteholder plaintiffs write to request an extension to 8/10/01 to file an amended complaint and to request leave to replead. Request granted; plaintiffs' time within which to seek leave to replead is extended to 8/10/01; counsel are reminded of the conditions the Court placed on any repleading of 10(b) claims against the director defendants . ( signed by Judge Victor Marrero ); Copies mailed. (kkc) (Entered: 07/19/2001)

07/23/2001 104 Memo-Endorsement on letter addressed to Judge Marrero from Mario Aieta, dated 07/19/01; Re: counsel to plaintiff requests an extension of time to respond toe the

stipulation issues to August 20, 2001; Request granted. The time for plaintiff Rieger and King Plaintiffs to address the issues of consolidation and stipulate a resolution is extended to 08/20/01 ; ( signed by Judge Victor Marrero ); Copies mailed. (djc) Modified on 07/24/2001 (Entered: 07/23/2001)

07/23/2001 105 Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 7/18/01; to clarify and reaffirm the Court's 6/29/01 Decision and Order, as well as the 7/17/01 Memo Endorsement on the letter from pltffs dated 7/16/01, the Court granted the Noteholders permission to seek leave to replead claims under 10(b) against D&T and other specific defts but reserved granting such leave only prior a satisfaction of the condition set forth, in the 6/29/01 Decision and Order, at page 174, namely, a convincing demonstration which have not been tested in either this action or any related actions before this Court. ( signed by Judge Victor Marrero ); Copies mailed. (sac) (Entered: 07/23/2001)

07/23/2001 ORDER; set settlement conference for 2:00 9/7/01, in Courtroom 618, at 40 Centre Street, N.Y.C. . ( signed by Judge Victor Marrero ); Copies mailed; orig. document docketed in 98cv5686 as document #115. (pl) (Entered: 07/25/2001)

08/02/2001 106 MEMORANDUM OF LAW by Dorian King, and Diane King Jtwros in opposition to [101-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01, and [101-2] motion for an order, dismissing the Section 10(b) securities fraud claim against D&T Canada. (kw) (Entered: 08/03/2001)

08/13/2001 107 REPLY MEMORANDUM of LAW by Deloitte & Touche in Further Support of [101-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01, [101-2] motion for an order, dismissing the Section 10(b) securities fraud claim against D&T Canada (djc) (Entered: 08/15/2001)

08/13/2001 108 AFFIDAVIT OF SERVICE of Reply memorandum of Law of Defendant Deloitte & Touche Chartered Accountants in further support and appendix of unreported decisions by overnight mail and counsel for defendants by first class mail on 8/13/01. (djc) (Entered: 08/15/2001)

08/14/2001 109 THIRD CONSOLIDATED CLASS ACTION COMPLAINT by Dorian King (Answer due 8/27/01 for CIBC Wood Gundy, for Furman Selz, for Paine Webber, for Joseph L. Rotman, for Tony Fiorino, for D. Grant Malcolm, for Diane J. Winkfein, for Christopher Craib, for Scott Sperling, for James A. Pattison, for Thomas H. Lee, for Jerald M. Banks, for Lynda Friendly, for Martin Goldfarb, for Daniel D. Brambilla, for CIBC Oppenheimer, for A. Alfred Taubman, for H. Garfield Emerson, for Robert Topal, for Gordon Eckstein, for Deloitte & Touche, for Livent Realty (CHI), for Livent Realty (N.Y.), for Livent International, for Livent Capital, Inc., for Livent (U.S.) Inc., for Maria Messina, for Myron I. Gottlieb, for Garth H. Drabinsky, for Livent, Inc. ) amending [32-1] amended complaint ; Summons issued. Jury Trial Demanded. (djc) (Entered: 08/22/2001)

08/23/2001 110 Memo-Endorsement on letter addressed to Judge Marrero from Mario Aieta, dated 8/21/01, Re plntfs' request for an application for an extension of time to respond to the stipulation issues to 9/4/01: Request granted. Plntfs' time to resolve the stipulation issues is extended to 9/4/01. No further extensions will be considered, as the Court believes the conference scheduled for 9/7/01 will be most productive if outstanding issues are resolved by that time ( signed by Judge Victor Marrero );

Copies mailed. (cd) (Entered: 08/24/2001)

09/24/2001 111 ANSWER to Complaint and CROSSCLAIM by H. Garfield Emerson (Attorney Greg A. Danilow, Stephen A. Radin, Sofia Giatrakos) against Garth H. Drabinsky, Myron I. Gottlieb, Maria Messina, Gordon Eckstein, Lynda Friendly, Christopher Craib, Diane J. Winkfein, D. Grant Malcolm, Tony Fiorino. (jco) (Entered: 09/25/2001)

09/24/2001 112 ANSWER to Complaint and CROSSCLAIM by A. Alfred Taubman (Attorney Eric M. Roth) against Garth H. Drabinsky, Myron I. Gottlieb, Maria Messina, Gordon Eckstein, Lynda Friendly, Christopher Craib, Diane J. Winkfein, D. Grant Malcolm, Tony Fiorino. (jco) (Entered: 09/25/2001)

09/24/2001 114 NOTICE OF MOTION by CIBC Oppenheimer, CIBC Wood Gundy; for an Order pursuant to Rulee 9(b) and 12(b)(6) of the FRCP to dismiss the complaint against CIBC in its entirety . Return date not indicated. (kkc) (Entered: 09/25/2001)

09/24/2001 115 MEMORANDUM OF LAW by CIBC Oppenheimer, CIBC Wood Gundy in support of [114-1] motion for an Order pursuant to Rulee 9(b) and 12(b)(6) of the FRCP to dismiss the complaint against CIBC in its entirety. Appendix attached. (kkc) (Entered: 09/25/2001)

09/24/2001 116 AFFIDAVIT of William H. Gussman Jr. by CIBC Oppenheimer, CIBC Wood Gundy in support of [114-1] motion for an Order pursuant to Rulee 9(b) and 12(b)(6) of the FRCP to dismiss the complaint against CIBC in its entirety. (kkc) (Entered: 09/25/2001)

09/24/2001 113 ANSWER TO THE AMENDED COMPLAINT by Martin Goldfarb (Attorney James L. Burns, Jonathan Rosenberg from the Firm: O'Sullivan, L.L.P.). (db) (Entered: 09/26/2001)

09/24/2001 113 CROSSCLAIM by Martin Goldfarb against Garth H. Drabinsky, Myron I. Gottlieb, Maria Messina, Gordon Eckstein, Lynda Friendly, Christopher Craib, Diane J. Winkfein, D. Grant Malcolm, Tony Fiorino (db) (Entered: 09/26/2001)

09/26/2001 117 ANSWER TO THE THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by Daniel D. Brambilla (Attorney Leslie J. Harris, Leon P. Gold from the Firm: Proskauer, Rose, L.L.P.). (db) (Entered: 09/27/2001)

09/26/2001 117 CROSSCLAIM by Daniel D. Brambilla against Garth H. Drabinsky, Myron I. Gottlieb, Gordon Eckstein, Robert Topal (db) (Entered: 09/27/2001)

10/01/2001 118 MEMORANDUM OF LAW by plaintiffs in opposition to [114-1] motion for an Order pursuant to Rulee 9(b) and 12(b)(6) of the FRCP to dismiss the complaint against CIBC in its entirety. (Rec. in the night deposit on 10/1/01 at 6:09 p.m.) (kw) (Entered: 10/05/2001)

10/09/2001 119 REPLY MEMORANDUM by CIBC Oppenheimer, CIBC Wood Gundy in further support of: [114-1] motion for an Order pursuant to Rulee 9(b) and 12(b)(6) of the FRCP to dismiss the complaint against CIBC in its entirety. (kkc) (Entered: 10/10/2001)

10/11/2001 120 ANSWER to Complaint and CROSSCLAIM by Thomas H. Lee, James A. Pattison, Scott Sperling, Joseph L. Rotman (Attorney James S. Dittmar, Sanford F.

Remz, William J. Connolly) (Attorney ) against Garth H. Drabinsky, Myron I. Gottlieb, Maria Messina, Gordon Eckstein, Lynda Friendly, Christopher Craib, Diane J. Winkfein, D. Grant Malcolm, Tony Fiorino (yv) (Entered: 10/15/2001)

10/15/2001 121 STIPULATION and ORDER, the time for defendants Garth H. Drabinsky and Myron I. Gottlieb's response to defendant Daniel D. Brambilla's crossclaim against them in this action shall be extended until and including 11/1/01 . ( signed by Judge Victor Marrero ) (ae) (Entered: 10/15/2001)

10/15/2001 122 STIPULATION and ORDER, that the time for defendants Garth H. Drabinsky and Myron I. Gottlieb's response to defendant H. Garfield Emerson's crossclaim against them shall be extended until and including 11/1/01 . ( signed by Judge Victor Marrero ) (ae) (Entered: 10/15/2001)

10/15/2001 123 STIPULATION and ORDER, the time for defendants Garth H. Drabinsky and Myron I. Gottlieb to respond to defendant A. Alfred Taubman's crossclaim against them shall be extended until and including 11/1/01 . ( signed by Judge Victor Marrero ) (ae) (Entered: 10/15/2001)

10/15/2001 124 RULE 1.9 CERTIFICATE filed by Deloitte & Touche. (db) (Entered: 10/17/2001)

10/15/2001 125 ANSWER TO THE THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Deloitte & Touche (Attorney Aric Hugo Wu, Lee Gordon Dunst, Peter Justus Beshar, John T. Behrendt from the Firm: Gibson, Dunn & Crutcher, L.L.P.). (db) (Entered: 10/17/2001)

10/15/2001 125 CROSSCLAIM by Deloitte & Touche against Garth H. Drabinsky, Myron I. Gottlieb, Gordon Eckstein, Robert Topal (db) (Entered: 10/17/2001)

10/17/2001 126 STIPULATION; that defendant Maria M. Messina shall have until 10/31/01 to answer or move with regard to the cross claims asserted against her . ( signed by Judge Victor Marrero ) (kkc) (Entered: 10/18/2001)

10/18/2001 127 STIPULATION and ORDER, that the time for defendant Garth H. Drabinsky and Myron I. Gottlieb to respond to defendant Martin Goldfarb's crossclaim shall be extended until and including 11/1/01 . ( signed by Judge Victor Marrero ) (tp) (Entered: 10/18/2001)

10/31/2001 128 ANSWER by Maria Messina to [111-2] cross claim ; Firm of: Morvillo, Abramowitz, Grand, Iason & Silberberg, PC by attorney Barry A. Bohrer. (yv) (Entered: 11/01/2001)




11/07/2001 132 ANSWER by Garth H. Drabinsky, Myron I. Gottlieb to [113-1] cross claim; Firm of: Schechter & Nimkoff, LLP by attorneys Ronald A. Nimkoff, Harvey B. Silikovitz. (sn) (Entered: 11/13/2001)

11/07/2001 133 ANSWER by Garth H. Drabinsky, Myron I. Gottlieb to [111-2] cross claim; Firm of: Schechter & Nimkoff, LLP by attorney Harvey B. Silikovitz, Ronald A. Nimkoff, for cross-defendant Myron I. Gottlieb. (sn) (Entered: 11/13/2001)


11/07/2001 135 ANSWER by Garth H. Drabinsky, Myron I. Gottlieb to [120-2] cross claim ; Firm of: Schechter & Nimkoff, LLP by attorney Harvey B. Silikovitz, Ronald A. Nimkoff, for cross-defendant Myron I. Gottlieb. (sn) (Entered: 11/13/2001)


11/29/2001 137 ORDER denying [114-1] motion for an Order pursuant to Rulee 9(b) and 12(b)(6) of the FRCP to dismiss the complaint against CIBC in its entirety; the parties proceed forthwith to develop and propose to the Court not later than 30 days from the date of this Order a draft Case Management Plan and Scheduling Order setting forth the steps and dates to guide discovery and other pretrial proceedings in this action ( signed by Judge Victor Marrero ); Copies mailed. (cd) (Entered: 12/03/2001)

12/03/2001 138 ANSWER by Garth H. Drabinsky, Myron I. Gottlieb to [125-1] cross claim ; Firm of: Schechter & Nimkoff by attorney (bai) (Entered: 12/04/2001)

12/07/2001 139 NOTICE of attorney appearance for CIBC Oppenheimer, CIBC Wood Gundy by Howard O. Godnick, William H. Gussman Jr., Stacy P. Aronowitz. (jco) (Entered: 12/10/2001)

12/10/2001 140 STIPULATION and ORDER, reset answer to the plntfs' Third Amended Complaint due for 1/3/02 for CIBC Wood Gundy and CIBC Oppenheimer Securities ( signed by Judge Victor Marrero ) (cd) (Entered: 12/11/2001)

12/14/2001 ORDER, that all of the following cases shall be consolidated into case number 98cv5686 (VM): {98cv5726, 98cv5731, 98cv5736, 98cv5755, 98cv5842, 98cv5884, 98cv5907, 98cv5971, 98cv6075, 98cv6077, 98cv6247, 98cv6751, and 98cv6975} All parties to consolidated cases shall file all official Court documents referencing the lead case number 98cv5686 (VM); The following case shall be consolidated into case number 98cv7161: {99cv2296}; All parties to the consolidated case shall file all official Court documents referencing the lead case number 98cv7161 (VM) ; The Clerk of the Court is directed to close all of the cases {98cv5726, 5731, 5736, 5755, 5842, 5884, 5907, 5971, 6075, 6077, 6247, 6751, and 98cv6975}, and {99cv2296} that shall be consolidated, without prejudice to re-opening at a later date on proper application and for good cause shown by a party to one of the actions ; Case numbers 99cv2292 and 99cv9425 shall remain unconsolidated and all parties to those actions shall continue to file all official Court documents referencing those case numbers . ( signed by Judge Victor

Marrero ); Copies mailed. (Original document filed in case #98cv5686 (VM), doc. #138) (tp) (Entered: 12/18/2001)

12/28/2001 141 STIPULATION and ORDER, that defendants CIBC Oppenheimer Securities Corp. and CIBC Wood Gundy, Inc. will answer the plaintiffs' Third Amended Consolidated CLass Action Complaint on or before 1/11/02 . ( signed by Judge Victor Marrero ) (tp) (Entered: 01/03/2002)

01/10/2002 142 STIPULATION and ORDER, deft CIBC Oppenheimer Securities Corp. and CIBC Wood Gundy, Inc. will answer the pltffs' third Amended Consolidated Class Action Complaint on or before 1/25/02 . ( signed by Judge Victor Marrero ) (kg) (Entered: 01/11/2002)

01/16/2002 143 ORDER, the Court's Decision and Order (Doc. 99 in case no. 98 Civ. 7161) shall be entered on the docket sheet for case no. 99 civ. 9425 . ( signed by Judge Victor Marrero ); Copies mailed. (kw) (Entered: 01/21/2002)

01/22/2002 144 NOTICE OF MOTION by Dorian King for an Order to certify class action as further set forth in said motion . No Return date indicated. (db) (Entered: 01/23/2002)

01/22/2002 145 MEMORANDUM OF LAW by Dorian King in support of [144-1] motion for an Order to certify class action as further set forth in said motion. (db) (Entered: 01/23/2002)

01/25/2002 146 ANSWER to Complaint by CIBC Oppenheimer, CIBC Wood Gundy (Attorney Stacy P. Aronowitz, William H. Gussman Jr., Howard O. Godnick from the Firm: Schulte, Roth & Zabel, LLP). Received in night deposit on 1/25/02 at 8:16 p.m. (jco) Modified on 01/30/2002 (Entered: 01/30/2002)

01/25/2002 147 RULE 1.9 CERTIFICATE filed by CIBC Oppenheimer, CIBC Wood Gundy. Received in night deposit on 1/25/02 at 8:16 p.m. (jco) Modified on 01/30/2002 (Entered: 01/30/2002)

02/28/2002 148 CERTIFICATE OF SERVICE of answer as to attorneys Craig Budner, Esq and James D. McCarthy, Esq. by federal express to law office on 2/26/02 . . (bai) (Entered: 03/01/2002)

03/25/2002 149 NOTICE of change of firm name by Dorian King, Diane King . (yv) (Entered: 03/28/2002)

03/29/2002 150 ORDER; That the Court is denying defendant's [101-1,2] motion for reconsideration. ( signed by Judge Victor Marrero ); Copies mailed. (tp) (Entered: 03/29/2002)

04/08/2002 152 Answer by Gordon Eckstein to [125-1] cross claim (pl) (Entered: 04/12/2002)

04/16/2002 153 ANSWER by Gordon Eckstein to [113-1] crossclaim; Firm of: Steinberg, Fineo, Berger & Barone P.C. by attorney Michael G. Barone. (kkc) (Entered: 04/22/2002)





04/19/2002 158 MEMORANDUM OF LAW by CIBC Oppenheimer, CIBC Wood Gundy in opposition to [144-1] motion for an Order to certify class action as further set forth in said motion. Received in night deposit box on 4/19/02 at 5:08 p.m. (db) (Entered: 04/23/2002)

04/19/2002 159 AMENDED ANSWER to Third Amended Consolidated Class Action Complaint (dated 8/10/01) by CIBC Oppenheimer, CIBC Wood Gundy: amends. Received in night deposit box on 4/19/02 at 5:08 p.m. (db) Modified on 04/23/2002 (Entered: 04/23/2002)

04/19/2002 160 AFFIDAVIT of Brian S. Perman by CIBC Oppenheimer, CIBC Wood Gundy. Received in night deposit box on 4/19/02 at 5:08 p.m. (db) (Entered: 04/23/2002)

04/19/2002 161 AFFIDAVIT of Stacy P. Aronowitz by CIBC Oppenheimer, CIBC Wood Gundy in support of CIBC's memorandum in opposition to [144-1] motion for an Order to certify class action as further set forth in said motion. Received in night deposit box on 4/19/02 at 5:09 p.m. (db) (Entered: 04/23/2002)

04/19/2002 162 MEMORANDUM OF LAW by Deloitte & Touche in opposition to [144-1] motion for an Order to certify class action as further set forth in said motion. Received in night deposit box on 4/19/02 at 7:59 p.m. (db) (Entered: 04/23/2002)

04/19/2002 163 AFFIDAVIT of Charles C. Cox in opposition to [144-1] motion for an Order to certify class action as further set forth in said motion. Received in night deposit box on 4/19/02 at 8:00 p.m. (db) (Entered: 04/23/2002)

04/19/2002 164 DECLARATION of Peter J. Bashar by Deloitte & Touche in opposition Re: [144-1] motion for an Order to certify class action as further set forth in said motion. Received in night deposit box on 4/19/02 at 8:00 p.m. (db) (Entered: 04/23/2002)

04/30/2002 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of 3/4/02. (See Transcript in case number 98cv5686, document number 150.) (tr) (Entered: 04/30/2002)

05/28/2002 165 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 5/24/02. Re: plaintiff requests permission to file a single, 20 page reply brief responding to both opposition briefs; plaintiff may file a combined reply brief not to exceed 20 pages in connection with their class certification motion . ( signed by Judge Victor Marrero ); Copies mailed. (pl) (Entered: 05/31/2002)

06/03/2002 166 REPLY MEMORANDUM by Dorian King, Diane King Jtwros in support of their: [144-1] motion for an Order to certify class action as further set forth in said motion. Compendium of Unreported Decisions attached. (yv) Modified on 06/06/2002 (Entered: 06/06/2002)

06/03/2002 167 AFFIDAVIT of Daniel G. Weaver by Dorian King, Diane King Jtwros in support of [144-1] motion for an Order to certify class action as further set forth in said motion . (yv) (Entered: 06/06/2002)

06/03/2002 168 AFFIDAVIT of Murielle J. Steven by Dorian King, Diane King Jtwros in support of [144-1] motion for an Order to certify class action as further set forth in said motion . (yv) (Entered: 06/06/2002)

06/14/2002 169 MEMORANDUM OF LAW by Deloitte & Touche in opposition to [144-1] motion for an Order to certify class action as further set forth in said motion . (sv) (Entered: 06/19/2002)

06/14/2002 170 CERTIFICATE OF SERVICE of Supplemental Memorandum of Law of Defendant Deloitte & Touche Chartered Accountants in Opposition to Plaintiffs' Motion for Class Certification and the Supplmental Affidavit of Charles C. Cox by overnight mail as to Dorian King, Garth H. Drabinsky, Myron I. Gottlieb, Maria Messina, Gordon Eckstein, Robert Topal, A. Alfred Taubman, CIBC Oppenheimer, Daniel D. Brambilla, Martin Goldfarb, Lynda Friendly, Thomas H. Lee, Scott Sperling, Joseph L. Rotman, CIBC Wood Gundy by Peter M.Skinner on 6/12/02 . . (sv) (Entered: 06/19/2002)

06/14/2002 171 AFFIDAVIT of Charles C. Cox Re: analyzed Livent Notes transaction data provided by CIBC for the putative Class Period (October 10, 1997 through August 10, 1998). (sv) (Entered: 06/19/2002)

06/26/2002 Memorandum to Docket Clerk, for a pretrial conference . (jp) (Entered: 07/15/2002)

06/26/2002 PRETRIAL CONFERENCE held before Judge Victor Marrero . (jp) (Entered: 07/15/2002)

06/28/2002 172 ORDER APPROVING NOTICE AND SCHEDULING HEARING, the Court preliminarily certifies the litigation against the SEttling Dets as a class action purs to FRCP 23 for the purpose of this Partial Settlement on behalf of a class consisting of all person or entities including US and non-US citizens and residents, who purchased Livent 93/8 Senior Unsecured Notes Due 2004, as further set forth in this document. The Court will hold a settlement hearing on 10/18/02 at 2:00 pm in Courtroom 905, 40 Centre St., NY NY, as further set forth in this document ( signed by Judge Victor Marrero ); Copies mailed. (cd) Modified on 07/01/2002 (Entered: 07/01/2002)

08/01/2002 173 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of 6/26/02 at 2:20 p.m. (gf) (Entered: 08/01/2002)

08/30/2002 174 NOTICE of Law Firm name and address change of attorney's for Martin Goldfarb . (moc) (Entered: 09/09/2002)

10/11/2002 175 MEMORANDUM OF LAW by H. Garfield Emerson, A. Alfred Taubman, Martin Goldfarb, Thomas H. Lee, James A. Pattison, Scott Sperling, Joseph L. Rotman in support of settlements. (yv) (Entered: 10/21/2002)

10/11/2002 176 MEMORANDUM OF LAW by Dorian King, Diane King in support of motion for final approval of proposed partial settlement, certification of settlement class and for award of attorneys' fees and expenses. Received in night deposit box on 10/11/02 at 5:00 p.m. (yv) Modified on 10/21/2002 (Entered: 10/21/2002)

10/11/2002 177 AFFIDAVIT of H. Adam Prussin by Dorian King, Diane King in support of motion for final approval of partial settlement, certification of settlement class and request

for attorneys' fees and reimbursement of expenses. Received in night deposit box on 10/11/02 at 5:01 p.m. (yv) (Entered: 10/21/2002)

10/11/2002 178 CERTIFICATE OF SERVICE of memorandum of law and affidavit of H. Adam Prussin as to counsel of record on the annexed service list by U.S. Postal Service on 10/11/02. Received in night deposit box on 10/11/02 at 5:00 p.m. (yv) Modified on 10/22/2002 (Entered: 10/22/2002)

10/24/2002 179 FINAL ORDER AND JUDGMENT; The Court certifies the Litigation against the Settling Defendants (collectively, Messrs, Emerson, Goldfarb, Lee, Pattison, Rotman, Sperling, Taubman and Black) as a class action purs. to FRCP 23 for the purpose of settlement on behalf of a class, including U.S. and non-U.S. Citizens and residents, consisting of all persons or entities, etc.; The Court discharges the Settling Defendants from all claims for contribution in the Litigation and discharges all obligations on the part of the Settling Defendants to Lead Plaintiffs and all members of the Outside Director Settlement Class arising out of the Litigation; The Court dismisses the Litigation against the Settling Defendants w/ prejudice and w/ou costs except as provided for in this Final Order and Judgment; The Court awards attorneys' fees to Lead Plaintiffs' counsel in the $1,062,500.00 and reimbursement of expenses to Lead Plaintiffs' counsel in the amount of $33,000.00 to be paid purs. to the terms stated in the Partial Settlement. The Court finds these amounts to be fair and reasonable. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal. Entered On Docket: 10/29/02. (ae) (Entered: 10/29/2002)

11/07/2002 180 DECISION AND ORDER; denying [144-1] motion for an Order to certify class action as further set forth in said motion. ( signed by Judge Victor Marrero ); (pl) (Entered: 11/15/2002)

11/12/2002 181 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 11/8/02; Re: counsel to lead plaintiffs in this action write to the Court regarding the denial of plaintiffs' motion for class certification; plaintiffs are correct tthat the Court's Order dated 11/6/02 does not address the certifcation of their section 11 claims against remainging defendants'. It is the Court's intention to issue a seperate order dealing with that cerfication . ( signed by Judge Victor Marrero ); (pl) (Entered: 11/18/2002)

11/18/2002 182 ORDER; that the portion of the Kings' motion for class certification relating to the assertion of claims pursuant to Section 11 of the Securities Act of 1933, 15 U.S.C. 77k, is granted . ( signed by Judge Victor Marrero ); (jco) (Entered: 11/20/2002)

12/18/2002 183 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 12/12/02. Re: plaintiffs write that they and Deloitte & Touche Chartered Accountants have reached an impasse concerning a series of discovery issues. Defendant Deloitte & Touche is directed to respond by 12/18/02 to the matters set forth herein. Thereafter, the parties are directed to arrange to appear before Magistrate Judge Douglas Eaton, to whom this dispute and future discovery matters and pretrial proceedings have been referred for resolution . ( signed by Judge Victor Marrero ); Copies faxed by chambers. (kw) (Entered: 12/23/2002)

12/20/2002 184 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/After Initial Case Management Conference held by

District Judge. Referred to Magistrate Judge Douglas F. Eaton. ( signed by Judge Victor Marrero ) (tp) (Entered: 12/24/2002)

01/02/2003 185 MEMORANDUM AND ORDER, I direct Deloitte to fax to plaintiffs, by 1/7/03, a written explanation of all the steps it has taken to find responsive e-mails. As to any further steps, the attorneys should read Mag. Judge Francis's opinion in Rowe Entertainment v. William Morris Agency, 205 F.R.D. 421, 428-33 (S.D.N.Y. 2002). The Deloitte and plaintiffs should confer, in person or by telephone, and discuss the eight factors listed in that opinion. If they are unable to reach a resolution, they should send me a single joint letter purs. to my Standing Order . ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed by Chambers. (ae) (Entered: 01/07/2003)

01/10/2003 Status Conference held on 1/10/03 before Judge Victor Marrero; final approval hearing held on partial settlements that had previously been preliminarily approved. Written orders to follow. (pl) Modified on 01/13/2003 (Entered: 01/13/2003)

01/15/2003 186 STIPULATION and ORDER, regarding procedures to be followed that shall govern the handling of confidential materials and, attorneys are directed to check carefully before presenting any document to the Clerk for sealing and to present for sealing only the portion of the document that is so confidential that it deserves to be sealed . ( signed by Judge Victor Marrero ) (yv) (Entered: 01/21/2003)

01/31/2003 187 MEMORANDUM AND ORDER, I find that the plaintiffs are entitled to all of the documents requested in their 1/16/03 letter, in connection with all of the revenue generating transactions included in the 11/6/97 registration statement. I direct Deloitte to produce those documents by 2/20/03 . ( signed by Magistrate Judge Douglas F. Eaton ); Copies forwarded by chambers. (kw) (Entered: 02/07/2003)

03/04/2003 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of January 10, 2003. (Original Doc. # 174 Filed In 98 Civ. 5686). (dt) (Entered: 03/04/2003)

03/07/2003 188 REPORT AND RECOMMENDATIONS of Magistrate Judge Douglas F. Eaton. Magistrate Judge Douglas F. Eaton recommends Judge Marrero (a) sign the Letter Rogatory and the Commission, and (b) order that they be issued to the Ontario Superior Court of Justice. Objections to R and R due by 3/17/03 . (yv) (Entered: 03/10/2003)

03/19/2003 NOTICE OF MOTION by plaintiffs; for an Order to allow plaintiffs to seek production of a report, with supporting documentation, prepared by KPMG and KPMG Investigation & Security Existing orders of the OSCJ have prevented production of the Reportin this case . Return Date not indicated. Original filed on case 98cv5686, doc #177. (jco) (Entered: 03/21/2003)

05/05/2003 189 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 4/30/03. Request granted. A conference is scheduled for 5/16/03 at 9:15 a.m. to consider granting preliminary approval to the proposed settlements described herein and to schedule a final fairness hearing in this regard . ( signed by Judge Victor Marrero ); Copies faxed by chambers. (kw) (Entered: 05/08/2003)

05/16/2003 190 ORDER, approving the notice as set forth in this document ; the Court will hold a settlement hearing on 7/11/03 at 10:00 a.m. ( signed by Judge Victor Marrero );

Copies faxed by chambers. (kw) (Entered: 05/19/2003)

05/16/2003 191 ORDER, approving the notice as set forth in this document the Court will hold a settlement hearing on 7/11/03 at 10:00 a.m. ( signed by Judge Victor Marrero ); (kw) Modified on 05/19/2003 (Entered: 05/19/2003)

07/01/2003 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 6/27/03. The parties are directed to submit any objections to the proposed order to modify the Case Management Order to Judge Marrero by 7/7/03 . ( signed by Judge Barbara S. Jones ); (Orig. entry is docketed in 98 civ. 5686 as doc. #180). (kw) (Entered: 07/02/2003)

07/03/2003 197 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of May 16, 2003. (dt) (Entered: 07/23/2003)

07/08/2003 192 AFFIDAVIT OF SERVICE of Memo in Support of Motion For Final Approval of Proposed Partial Settlements, by mail on 7/8/03 (cd) (Entered: 07/09/2003)

07/08/2003 193 AFFIDAVIT of H. Adam Prussin in support of Lead Plntfs' Motion to Approve Partial Settlements & Request for Award of Attys' Fees (cd) (Entered: 07/09/2003)

07/08/2003 194 MEMORANDUM OF LAW in support of Lead Plntfs' Motion for Final Approval of Proposed Partial Settlements and Atty Fees (cd) (Entered: 07/09/2003)

07/10/2003 STIPULATION and ORDER modifying scheduling order and case management plan, Discovery on class certification issues in the shareholder action, in re Livent, Inc. Sec. Litig., 98 cv 5686 (VM) (DFE), shall be completed by 6/27/03. Fact discovery matters shall be completed by 10/29/03. Summary judgment motions may be filed at any time up until 45 days after receipt of the transcript from the last expert deposition. Other deadlines set forth on this stipulation and order . ( signed by Judge Victor Marrero ) Orig. doc. # 181 filed in 98cv5686. (sb) (Entered: 07/10/2003)

07/14/2003 195 FINAL ORDER AND JUDGMENT: regarding the settlement between the lead plaintiffs Dorian King and Diane King and defendants Gordon Eckstein, Maria Messina, Robert Topol and Lynda Friendly. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal. Entered On Docket: 7/16/03. (kw) (Entered: 07/16/2003)

07/14/2003 196 FINAL ORDER AND JUDGMENT: regarding the settlement between the lead plaintiffs Dorian King and Diane King and defendants CIBE Wood Gundy Securities, Inc. and CIBC Oppenheimer Securities Corp. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal. Entered On Docket: 7/16/03. (kw) (Entered: 07/16/2003)

08/28/2003 198 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of July 7, 2003. (jw) (Entered: 08/28/2003)

09/02/2003 199 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 8/28/03. Request granted. A preliminary approval hearing with regard to the proposed settlement between plaintiff's and Deloitte & Touche Chartered Accountants is scheduled for 10/10/03 at 11:00 a.m. ( signed by Judge Victor Marrero ); Copies faxed by chambers. (kw) (Entered: 09/05/2003)

09/05/2003 200 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 9/3/03. Counsel requests that the Court advance the date of the preliminary approval hearing by as much as possible. Request granted. The preliminary approval hearing is rescheduled to 9/19/03 at 4:45 p.m . ( signed by Judge Victor Marrero ); Copies sent by Chambers. (sb) (Entered: 09/09/2003)

09/19/2003 203 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 09/18/03; Re: counsel requests that the Court schedule a preliminary approval hearing for this proposed settlement to coincide with the hearing previously scheduled for tomorrow, September 19 at 4:45 p.m. to consider our proposed settlement with Deloitte; Request Granted. A preliminary approval hearing is scheduled for 9/19/03 at 4:45 p.m. to consider the proposed settlement described herein between plaintiff and defendant Daniel Brambilla ; ( signed by Judge Victor Marrero ); Copies faxed by Chambers; (djc) (Entered: 09/25/2003)

09/22/2003 201 ORDER; the Court preliminary finds and concludes that the Settlement is fair, reasonable, adequate and in the best intests of the Class, preliminary approves the Settlement, and adopts the terms of the settlement for the purpose of this Order. The Court will hold a settlement hearing on 11/7/03 at 10:00 a.m. in Courtroom 618, U.S. Courthouse, 40 Centre St. ( signed by Judge Victor Marrero ); (sac) (Entered: 09/25/2003)

09/22/2003 202 ORDER, approving Notice & Hearing. ( signed by Judge Victor Marrero ); (sac) (Entered: 09/25/2003)

09/23/2003 204 AFFIDAVIT OF SERVICE of Proposed Notice of Settlement, by mail on 9/23/03 . . (cd) (Entered: 09/26/2003)

11/04/2003 205 MEMORANDUM OF LAW by Dorian King, Diane King in support of motion for approval of proposed partial settlements and for award of attorneys' fees and expenses. (db) (Entered: 11/06/2003)

11/04/2003 206 AFFIDAVIT of Murielle J. Steven by Dorian King, Diane King in support of motion to approve partial settlements and request for award of attorneys' fees and expenses. (db) (Entered: 11/06/2003)

11/07/2003 Memorandum to Docket Clerk: that a settlement conference was held on 11/7/03 before Judge Marrero; Final Settlement in regard to dft. Delloite & Touche approved . (pl) (Entered: 11/11/2003)

11/07/2003 Settlement Conference held on 11/7/03 before Judge Victor Marrero . (pl) (Entered: 11/11/2003)

11/12/2003 207 JUDGMENT . The court finds and concludes that the settlement is fair, reasonable, adequate, and in the best interests of the class, approves the settlement, adopts the terms of the settlement and directs consummation of the settlement pursuant to its terms; the court finds and conclues that the provisions in the settlement providing for the distribution of the settlement proceeds to members of the class are fair, reasonable, adequate and in the best interests of the class, approves the plan of allocation, adopts the terms of the plan of allocation and directs consummation of the plan of the allocation pursuant to its terms; the court discharges the settling dft from all claims as further set forth in this judgment; The court permanently bars and enjoins lead plaintiffs and any and all members of the class or anyone

purporting to claim on their behalf and the successors and assigns of any of them from instituting, commencing, continuing, or pursuing, either directly or indirectly any of the settled claims in this or any other forum; the court dismisses the settled claims in the litigation against the settling dft with prejudice and without costs except as provided for in this final order and judgment; the court finds and concludes that there is no just reason to delay entry of judgment and enters judgment pursuant to Rule 54(b) of the FRCP; the court awards attorneys' fees to lead plaintiffs' counsel in the amount of 1,375,000 and reimbursement of expenses to lead palintiffs' counsel in the amount of $300,000 to be paid pursuant to the terms stated in the settlement; without in any way affecting the finality of this final order and judgment, the court retains jurisdiction over this litigation and the parties to the sitpulation and the settlement to effectuate the terms of the settlement and over all matters related to the settlement. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal. Entered On Docket: 11/13/03. (dle) (Entered: 11/13/2003)

11/12/2003 208 FINAL ORDER AND JUDGMENT; it is ordered, adjudged and decreed that the Court finds and concludes that the Settlement is fair, reasonable, adequate and in the best interests of the Class, approves the Settlement, adopts the terms of the Settlement, and directs consummation of the Settlement pursuant to its terms. The Court dismisses the Litigation against the Settling Defendants on the merits and with prejudice as to the Settling Defendant and without costs except as provided for in this Final Order and Judgment. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal. Entered On Docket: 11/13/03. Copies Faxed by Chamber (sac) (Entered: 11/13/2003)

12/30/2003 Received returned mail re: [196] Judgment,. Mail was addressed to Donald R. Wager, Esq. at 10920 Wilshire Boulevard, Suite 1000, Los Angeles, CA 90024 and was returned for the following reason(s): Undeliverable as Addressed. (jeh, ) (Entered: 01/08/2004)

02/09/2004 STIPULATION AND ORDER MODIFYING SCHEDULING ORDER AND CASE MANAGEMENT PLAN; that fact discovery in actions 98cv5686 and 98cv7161 shall be completed by 3/31/2004. The parties reserve their rights to seek a further extension of the discovery cut-off date, should such a need arise. All other deadlines are set forth in this Order. (Signed by Judge Victor Marrero on 2/6/2004) Original document filed under case no. 98cv5686 (VM), doc. # 200. Copies Faxed by Chambers.(kkc, ) (Entered: 02/13/2004)

02/17/2004 209 ENDORSED LETTER addressed to Judge Marrero from Harvey B. Silikovitz dated 2/11/04 re: that plaintiffs in the referenced actions are directed to respond by 2/19/04 to the requests set forth herein by defendants Garth Drabinsky and Myron Gottlieb. (Signed by Judge Victor Marrero on 2/13/04) Copies Faxed By Chambers.(tp, ) (Entered: 02/20/2004)

03/02/2004 210 DECLARATION of L. David Roebuck in Support in support of the motion for pro hac vice of Zoltan Kaslkik. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. (kw, ) (Entered: 03/04/2004)

03/02/2004 211 DECLARATION of Zoltan Kaslik in Support of motion for pro hac vice admission of L. David Roebuck. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. (kw, ) (Entered: 03/04/2004)

03/02/2004 212 Letter addressed to Judge Victor Marrero from Harvey B. Silikovitz dated 2/11/04 re: requesting a pre-motion conference. Document filed by Garth H. Drabinsky, Myron I. Gottlieb.(kw, ) (Entered: 03/04/2004)

03/02/2004 213 Letter addressed to Judge Victor Marrero from H. Adam Prussin dated 2/13/04 re: in response to the request of defendants Drabinsky and Gottlieb. Document filed by Deloitte & Touche Chartered Accountants.(kw, ) (Entered: 03/04/2004)

03/02/2004 214 Letter addressed to Judge Victor Marrero from Daniel A. Osborn dated 2/18/04 re: in response to the request of defendants Garth Drabinsky and Myron Gottlieb. Document filed by Livent, Inc. (kw, ) (Entered: 03/04/2004)

03/02/2004 215 Letter addressed to Judge Victor Marrero from Ronald A. Nimkoff dated 2/18/04 re: in response to the letter from counsel to the plaintiffs in the Noteholders Action dated 2/13/04. Document filed by Garth H. Drabinsky, Myron I. Gottlieb.(kw, ) (Entered: 03/04/2004)

03/02/2004 216 Letter addressed to Judge Victor Marrero from H. Adam Prussin dated 2/20/04 re: plaintiffs seek leave to submit this brief response to the letter submitted by Mr. Nimkoll on Wednesday. Document filed by Diane King, Dorian King.(kw, ) (Entered: 03/04/2004)

03/02/2004 217 Letter addressed to Judge Victor Marrero from Ronald A. Nimkoff dated 2/25/04 re: in response to the second letter to the Court from counsel to the Noteholder Plaintiffs, dated 2/20/04. Document filed by Garth H. Drabinsky, Myron I. Gottlieb.(kw, ) (Entered: 03/04/2004)

03/02/2004 218 Letter addressed to Magistrate Judge Douglas F. Eaton from Ronald A. Nimkoff dated 3/1/04 re: in response to the questions raised by the Magistrate Judge. Document filed by Garth H. Drabinsky, Myron I. Gottlieb.(kw, ) (Entered: 03/04/2004)

03/02/2004 MEMORANDUM AND ORDER regarding rulings to be made by Mag. Judge Eaton on the February 11, 18, & 25, 2004 letter from Schechter Y Nimkoff, attorneys for the two defendants who have not settled, Garth H. Drabinsky and Myron I Gottlieb. Judge Marrero directs that any disputes about discovery or scheduling must be submitted to me. Original filed in case 98cv5686, doc #201. (Signed by Judge Douglas F. Eaton on 3/1/2004) (jco, ) (Entered: 03/05/2004)

05/06/2004 219 NOTICE of Change of Address by Garth H. Drabinsky, Myron I. Gottlieb. New Address: Nimkoff Rosenfeld & Schechter, LLP, One Pennsylvania Plaza, Suite 2424, New York, NY, 10119, (212) 868-8100. (sac, ) (Entered: 05/06/2004)

05/21/2004 220 STIPULATION AND ORDER Modifying Scheduling Order and Case Management Plan to the extent that fact discovery in this matter shall be completed by 5/14/04. (Signed by Judge Douglas F. Eaton on 5/20/04) Copies Mailed By Chambers.(tp, ) (Entered: 05/25/2004)

05/21/2004 Set/Reset Deadlines: Discovery due by 5/14/2004. (tp, ) (Entered: 05/25/2004)

05/21/2004 221 STIPULATION AND ORDER FURTHER MODIFYING SCHEDULING ORDER AND CASE MANAGEMENT PLAN: fact discovery is reset to 6/30/2004. (Signed by Judge Douglas F. Eaton on 5/20/04) Copies Mailed By Chambers.(kw, ) (Entered: 05/25/2004)

08/19/2004 222 MOTION for Disbursement of the Net Settlement Funds . (ps, ) (Entered: 08/23/2004)

08/19/2004 223 AFFIDAVIT of Murielle J. Steven in Support re: [222] MOTION for Disbursement of Funds. Filed by the Noteholder Class. (ps, ) (Entered: 08/23/2004)

08/19/2004 224 AFFIDAVIT of Michael Rosenbaum in Support re: [222] MOTION for Disbursement of Funds. Filed by Noteholder Class. (ps, ) (Entered: 08/23/2004)

08/26/2004 225 ORDER AUTHORIZING DISTRIBUTION OF SETTLEMENT FUND (Signed by Judge Victor Marrero on 8/19/2004) (jsa, ) (Entered: 08/27/2004)

11/12/2004 226 ENDORSED LETTER addressed to Judge Marrero from Murielle J. Steven Walsh re: Judge Marrero has referred this letter to me, and I have discussed it with him. Without a pre-motion conference, plaintiff's may file their summary judgment motion addressed to Judge Marrero on November 12, 2004. Pursuant to local civil rule 6.1, and opposing affidavits and memoranda must be served within 10 business days after the service of the motion papers, and any reply papers must be served within 5 business days after the service of the answering papers. If Judge Marrero denies summary judgment, then he will set new deadlines for the joint pretrial orderds and for any motions in limine. In the present record,I decline to order any sanctions or to recommend entry of a default. (Signed by Judge Douglas F. Eaton on 11/10/2004) (jsa, ) (Entered: 11/15/2004)

11/12/2004 Set Deadlines/Hearings: Summary Judgment Motion due by 11/12/2004. (jsa, ) (Entered: 11/15/2004)

11/12/2004 227 ENDORSED LETTER addressed to Judge Marrero from Murielle J. Steven Walsh dated 11/10/2004 re: The Court views that matters set forth above within the scope of the pretrial proceeding referral to Magistrate Judge Eaton and directs the parties to address the issues to the Magistrate Judge in the first instance. (Signed by Judge Victor Marrero on 11/10/2004) (jsa, ) (Entered: 11/15/2004)

11/12/2004 228 MOTION for Summary Judgment as to liability and damages against defts Garth Drabinsky and Myron Gottlieb, fld by lead plaintiffs. (cd, ). (Entered: 11/18/2004)

11/12/2004 229 RULE 56.1 STATEMENT, fld by lead plaintiffs. (cd, ) (Entered: 11/18/2004)

11/12/2004 230 AFFIDAVIT of Murielle Steven in Support re: [228] MOTION for Summary Judgment.. (cd, ) (Entered: 11/18/2004)

11/12/2004 231 AFFIDAVIT of Murielle Steven in Support re: [228] MOTION for Summary Judgment.. (cd, ) (Entered: 11/18/2004)

11/12/2004 232 MEMORANDUM OF LAW in Support re: [228] MOTION for Summary Judgment.. (cd, ) (Entered: 11/18/2004)

11/30/2004 233 ENDORSED LETTER addressed to Judge Marrero from Zoltin Kaslik dated 11/24/2004 re; I have discussed this letter with Judge Marrero, and he has authorized me to order as follows: Defendant's must serve and file any opposing papers by 12/8/2004. Any reply papers must be served and filed within five business days after service of the opposing papers. (Signed by Judge Douglas F. Eaton on 11/24/2004) (jsa, ) (Entered: 12/01/2004)

11/30/2004 Set Deadlines/Hearings: Responses due by 12/8/2004 (jsa, ) (Entered: 12/01/2004)

12/07/2004 234 ENDORSED LETTER addressed to Judge Victor Marrero from Ronald A. Nimkoff dated 12/7/04 re: I have discussed this letter with Judge Marrero, and he has authorized me to order that defendants must serve and file all opposing papers by Monday, 12/13/04 by hand delivery or overnight delivery. (I note that my prior deadlines was 12/8, not 12/10.) (Signed by Judge Douglas F. Eaton on 12/7/04) (sac, ) (Entered: 12/09/2004)

12/10/2004 242 ENDORSED LETTER addressed to Judge Victor Marrero and Magistrate Judge Douglas F. Eaton from Murielle Steven Walsh dated 12/8/04 re: Judge Marrero has authorized me to order as follows. Defendants' brief is due on 12/13/04 and must not exceed 39 pages. Plaintiffs' brief is due on 12/23/04 and must not exceed 24 pages. (Signed by Judge Douglas F. Eaton on 12/9/04) (db, ) (Entered: 12/17/2004)

12/13/2004 235 AFFIDAVIT OF SERVICE re Affidavit of Robert Topol re plntfs' motion for summary judgment. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. (cd, ) (Entered: 12/15/2004)

12/13/2004 236 RULE 56.1 STATEMENT. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. Received in night deposit box on 12/13/04 at 5:17 p.m. (db, ) (Entered: 12/15/2004)

12/13/2004 237 MEMORANDUM OF LAW in Opposition re: [228] MOTION for Summary Judgment. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. Received in night deposit box on 12/13/04 at 5:18 p.m. (db, ) (Entered: 12/15/2004)

12/13/2004 238 AFFIDAVIT of Robert Topol in Support of defendant's opposition to plaintiff's motion for summary judgment on liability and damages re: exhibits 1-12. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. Received in night deposit box on 12/13/04 at 5:23 p.m. (db, ) (Entered: 12/15/2004)




12/23/2004 243 LEAD PLAINTIFFS' REPLY MEMORANDUM OF LAW in Support re: [228] MOTION for Summary Judgment.. Document filed by Diane King Jtwros, Diane King, Dorian King. (jmi, ) (Entered: 12/28/2004)

01/14/2005 244 ENDORSED LETTER addressed to Judge Marrero from Murielle J. Steven Walsh dated 1/11/05 re: request that the Court enter an order granting plaintiffs leave to file a substantive response to defendants' sur-reply. Request granted. Defendants

did not ask or otherwise obtain leave to file a sur-reply. The Court's rules and practices do not provide for such additional submissions as of right. In view of the lengthy delays and numerous extensions associated with the instant motion, the Court finds no compelling reason to add any more time to the resolution of the dispute (Signed by Judge John S. Martin on 1/13/05) (yv, ) (Entered: 01/21/2005)

02/08/2005 245 DECISION ORDER; granting [228] Motion for Summary Judgment. Any party or class member objecting to the Rule 23(h) motion must do so by no later than 4/29/05. The Clerk of the Court shall stay entry of the judgment authorized herein for ten days from the date of this Order, and to enter such judgment at that time, unless Plaintiffs have provided to the Court sufficiently controlling reasons or authority compelling the commencement of a new proof of claim procedure encompassing additional members of the class, in which event the Court may so find and continue the stay of entry of judgment as appropriate. Upon entry of judgment, the Clerk of Court is directed to close this case, provided, however, that the Court shall retain jurisdiction for the purposes of any proceedings necessary to enforce the judgment authorized herein, and to consider any motion for attorney's fees and costs. (Signed by Judge Victor Marrero on 2/4/05) (sac, ) (Entered: 02/09/2005)

02/08/2005 Transmission to Judgments and Orders Clerk. Transmitted re: [245] Order on Motion for Summary Judgment, to the Judgments and Orders Clerk for preparation of Judgment. (sac, ) (Entered: 02/09/2005)

02/23/2005 246 ENDORSED LETTER addressed to Judge Marrero from Murielle J. Steven dated 2/18/05 re: Plaintiff requests that the judgment entered by the Court include an award of prejudgment interest in that amount. The Court shall deem the letter above as a motion for prejudgment interest. Defendants are directed to respond by letter brief not to exceed 3 pages filed by 2/25/05. Plaintiffs may reply by similar letter by 3/10/05. In the event no timely response is made the motion shall be deemed grnated to the extent authorized by law.. (Signed by Judge Victor Marrero on 2/18/05) (djc, ) (Entered: 02/24/2005)

03/04/2005 248 NOTICE OF APPEAL from [247] Order,,,,. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. Filing fee $ 255.00, receipt number E 536698. Copies of Notice of Appeal mailed to Attorney(s) of Record: Pomerantz Haudek Block Grossman & Gross LLP. (pr, ) (Entered: 03/14/2005)

03/09/2005 247 DECISION AND ORDER: the motion of Lead Plaintiffs Dorian and Diane King, on behalf of themselves and a class of investors who purchased some of the $125 million in 9 3/8% Senior Unsecured Notes due 2004 issued by Livent, Inc., for an award of prejudgment interest at 9 percent per annum against defendants Garth Drabinsky and Myron Gottlieb pursuant to FRCP 59(e) is GRANTED. Ordered that the previously-entered judgment shall be amended to include prejudgment interest in the amount of $13,284,550. The Clerk of the Court is directed to enter an amended judgment against Drabinsky and Gottlieb, jointly and severally, for damages and prejudgment interest in the amount of $36,617,696. The Clerk of Court is directed to close this case, provided, however, that the Court shall retain jurisdiction for the purposes of any proceedings necessary to enforce the judgment authorize herein, and to consider any motion attorney's fees and costs. (Signed by Judge Victor Marrero on 3/8/05) (db, ) (Entered: 03/11/2005)

03/14/2005 Transmission of Notice of Appeal to the District Judge re: [248] Notice of Appeal,. (pr, ) (Entered: 03/14/2005)

03/14/2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [248] Notice of Appeal,. (pr, ) (Entered: 03/14/2005)

03/21/2005 249 CLERK'S JUDGMENT # 05,0475 That for the reasons stated in the Court's Decisions and Orders dated February 4, 2005 and March 8, 2005, the motion of Lead Plaintiffs Dorian and Diane King (?Plaintiffs?), on behalf of themselves and a class of investors who purchased some of the $125 million in 9 3/8% Senior Unsecured Notes Due 2004 (?the Notes?) issued by Livent, Inc. (?Livent?), for summary judgment on their claims against defendants Garth Drabinsky (?Drabinsky?) and Myron Gottlieb (?Gottlieb?) under Section 11 of the Securities Act, 15 U.S.C. ? 77k (?Section 11?) is granted; judgment is entered against Drabinsky and Gottlieb, jointly and severally, in the amount of $23,333,146 plus prejudgment interest in the amount of $13,284,550 for a total sum of $36,617,696, reducing this amount by deductions for any applicable reasonable attorney?s fees and costs approved by the Court on separate application, and distributing the balance on a pro-rata basis to each class member who has previously submitted a signed and sworn proof of claim, with supporting documentation, in connection with previous partial settlements approved in the case, apportioning damages among class members according to the formula prescribed by those prior partial settlements; the Court orders that notice shall be sent to all parties and all class members advising them of the entry of judgment against Drabinsky and Gottlieb, and of any motion for reasonable attorney?s fees and costs that co-lead counsel for Plaintiffs may submit pursuant to Fed. R. Civ. P. 23(h), and any such motion pursuant to Rule 23(h), as well as any supplemental papers related to the judgment (e.g., satisfaction of the judgment and distribution of proceeds to class members), shall be submitted to the Court by no later than April 15, 2005 and notice of the judgment and any Rule 23(h) motion shall be mailed to parties and class members by no later than that date and any party or class member objecting to the Rule 23(h) motion must do so by no later than May 27, 2005; correspondence of the parties related to the instant motion shall be placed on the public docket and made a part of the record of this proceeding; accordingly, the case is closed, provided, however, that the Court shall retain jurisdiction for the purposes of any proceedings necessary to enforce the judgment authorized in the Decisions and Orders dated February 4, 2005 and March 8, 2005, and to consider any motion for attorney?s fees and costs. (Signed by J. Michael McMahon, clerk on 3/21/05) (ml, ) (Entered: 03/21/2005)

03/22/2005 Mailed notice of Right to Appeal re: [249] Clerk's Judgment, and to Attorney(s) of Record: Peter A. Binkow, James L. Burns, Bradley Jay Butwin, William J. Connolly, Patrick V. Dahlstrom, Greg A. Danilow, James S. Dittmar, James S. Dittmar, Sofia Giatrakos, Lionel Z. Glancy, Leon P. Gold, Stanley Merrill Grossman, Leslie J. Harris, Don Brian Hufford, Ronald A. Nimkoff, Harvey L. Pitt, Stephen Alan Radin, Sanford F. Remz, Lee S Richards, III, Jonathan Rosenberg, Eric M. Roth, Harvey B. Silikovitz, Donald R. Wager. (lma, ) (Entered: 03/22/2005)

04/15/2005 251 MEMORANDUM OF LAW in Support re: [228] MOTION for award of Attorneys' Fees and Expenses. Document filed by Dorian King, Diane King Jtwros, Diane

King. (ll, ) (Entered: 04/21/2005)

04/15/2005 252 AFFIDAVIT of Murielle J. Steven in support of request for Attorneys' Fees and Expenses. Document filed by Dorian King, Diane King. (ll, ) (Entered: 04/21/2005)

04/20/2005 250 USCA SCHEDULING ORDER as to [248] Notice of Appeal, filed by Garth H. Drabinsky, Myron I. Gottlieb, USCA Case Number 05-1377. Roseann B. MacKechnie, Clerk USCA. Certified: 4/11/05. Appeal Record due by 5/6/2005. Appellant Brief due by 5/13/2005. Appellee Brief due by 6/13/2005. (tp, ) (Entered: 04/20/2005)

04/20/2005 253 AMENDED NOTICE OF APPEAL re: [248] Notice of Appeal,, [249] Clerk's Judgment, [245] Order on Motion for Summary Judgment, [247] Order. Document filed by Garth H. Drabinsky, Myron I. Gottlieb. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Grossman & Gross, LLP. (tp, ) (Entered: 04/21/2005)

04/21/2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [253] Amended Notice of Appeal. (tp, ) (Entered: 04/21/2005)

04/21/2005 Transmission of Notice of Appeal to the District Judge re: [253] Amended Notice of Appeal. (tp, ) (Entered: 04/21/2005)

05/24/2005 254 ORDER Directing the Clerk of Court to include on the docket the enclosed documents whereas defendants Garth H. Drabinsky and Myron I. Gottlieb have requested to their appeal of this Court's order dated 3/5/2002, an order to docket certain documents so they can be included in the joint appendix:It is hereby ordered that the following documents be docketed by the Clerk of the District Court:1. 1/7/2002 letter from plaintiffs in the Reiger Action to Hon. Victor Marrero.2.1/14/2002 letter from defendant Deloiite and Touche Charted Accountants toHon Victor Marrero.3. 1/14/2002 letter from defendant Furman Selz to Hon. Victor Marrero.4. 1/14/2002 letter from Lynx Ventures L.P.; Lynx Ventures L.L.C. Ronald W Burkle, Robert M.D.Cross, Qunicy Jones, Heather Munroe-Blum, Michael S. Ovitz and Jerry I. Speyer to Hon. Victor Marrero.5. 1/14/2002 letter from defendant Deloitte and Touche Charted LLP to Hon. Victor Marrero.6. 1/18/2002 letter from Roy Furman to Hon. Victor Marrero.7. 2/26/2002 letter from defendant Deloitee and Touche Charted Accountants to Hon. Victor Marrero to supplement their 1/14/2002 letter.8.2/28/2003 letter from lead plaintiffs to Hon. Victor Marrero.9.3/1/2002 letter from Thomas H. Lee and Scott Sperling to Hon.Victor Marrero, (Signed by Judge Victor Marrero on 5/23/2005) (jsa, ) Modified on 5/26/2005 (jsa, ). (Entered: 05/26/2005)

05/24/2005 255 LETTER addressed to Judge Marrero dated 1/7/2002 from plaintiffs in the Reiger Action regarding 1/3/2002 letter.(jsa, ) (Entered: 05/26/2005)

05/24/2005 256 LETTER addressed to Judge Marrero dated 1/14/2002 from defendant Deloitte and Touche Charted Accountants.(jsa, ) (Entered: 05/26/2005)

05/24/2005 257 LETTER dated 1/14/2002 addressed to Judge Marrero from defendant Furman Selz. (jsa, ) (Entered: 05/26/2005)

05/24/2005 258 LETTER addressed to Judge Marrero dated 1/14/2002 from Lynx Ventures L.P., Lynx Venutres L.L.C., Ronald W. Burkle, Robert M.D.Cross, Quincy Jones,

Heather Munroe-Blum, Michael S. Ovitz and Jerry I. Speyer. (jsa, ) (Entered: 05/26/2005)

05/24/2005 259 LETTER addressed to Judge Marrero dated 1/14/2002 from defendant Deloitte and Touche LLP. (jsa, ) (Entered: 05/26/2005)

05/24/2005 260 LETTER addressed to Judge Marrero dated 1/18/2002 from Roy Furman. (jsa, ) (Entered: 05/26/2005)

05/24/2005 261 LETTER addressed to Judge Marrero dated 2/26/2002 from defendant Deloitte and Touche Charted Accountants to supplement their 1/14/2002 letter. (jsa, ) (Entered: 05/26/2005)

05/24/2005 262 LETTER addressed to Judge Marrero dated 2/28/2003 from lead plaintiffs. (jsa, ) (Entered: 05/26/2005)

05/24/2005 263 LETTER addressed to Judge Marrero dated 3/1/2002 from Thomas H. Lee and Scott Sperling (jsa, ) (Entered: 05/26/2005)

05/24/2005 264 STIPULATION AND ORDER Whereas the items listed below and attached as Exhibit A hereto, were inadvertenly not docketed in the District Court; and whereas said documents need to be docketed in the District Court in order to be included in the joint appendix in connection with defendants' appeals of this Court's order dated 2/4/2005, and this Court's judgment dated 3/21/2005, it is hereby stipulated and agreed, by and between the undersigned counsel, that the following items attached as an exhibit hereto, be docketed by the Clerk of the District Court:1. 2/18/2005 letter from lead plaintiffs to Hon. Victor Marrero requesting leave for a premotion conference with respect to plaintiff's proposed motion to include in the final judgment prejudgment interest from the date of commencement of the action to the date of the decision and order.2. 2/25/2005 letter from Messrs. Drabinsky and Gottlieb to Hon. Victor Marrero in opposition to plaintiffs' 2/18/2005 letter.3. 2/28/2005 letter from lead plaintiffs' to Hon. Victor Marrero responding to Messrs. Drabinsky and Gottlieb's 2/25/2005 letter.4. 3/1/2005 letter from Messrs. Drabinsky and Gottlieb to Hon. Victor Marrero responding to 2/28/2005 letter from lead plaintiffs. (Signed by Judge Victor Marrero on 5/23/2005) (jsa, ) Modified on 5/26/2005 (jsa, ). (Entered: 05/26/2005)

05/24/2005 265 LETTER addressed to Judge Marrero dated 2/18/2005 from lead plaintiffs requesting leave for a premotion conference with respect to plaintiffs' proposed motion to include in the final judgment prejudgment interest from the date of commencement of the action to the date of the decision and order. (jsa, ) (Entered: 05/26/2005)

05/24/2005 266 LETTER addressed to Judge Marrero dated 2/25/2005 from Messrs. Drabinksy and Gottlieb in opposition to plaintiffs' 2/18/2005 letter. (jsa, ) (Entered: 05/26/2005)

05/24/2005 267 LETTER addressed to Judge Marrero dated 2/28/2005 from lead plaintiffs responding to Messrs. Drabinksy and Gottlieb's letter dated 2/25/2005. (jsa, ) (Entered: 05/26/2005)

05/24/2005 268 LETTER addressed to Judge Marrero dated 3/1/2005 from Messrs. Drabinsky and Gottlieb responding to 2/28/2005 letter from lead plaintiffs. (jsa, ) (Entered: 05/26/2005)

06/01/2005 269 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [248] Notice of Appeal, filed by Garth H. Drabinsky,, Myron I. Gottlieb,, [253] Amended Notice of Appeal, filed by Garth H. Drabinsky,, Myron I. Gottlieb, USCA Case Number 05-1377-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (pr, ) (Entered: 06/01/2005)

06/23/2005 270 DECISION AND ORDER that the application of counsel for lead plntfs herein for an award of attorneys fees and expenses in an amount of 25% of any funds recoverd by the plntf class from the judgment the Court entered on 3/21/05 against defts Garth Drabinsky and Myron Gottlieb is granted. (Signed by Judge Victor Marrero on 6/22/05) (cd, ). (Entered: 06/24/2005)

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