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

US District Court Civil Docket as of 04/07/2005 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-05686-VM

Rosen, 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-02292-VM Cause: 15:78m(a) Securities Exchange Act

Date Filed: 08/11/1998 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Phyllis Rosen On behalf of Herself and all others similarly situated

represented by Barry Lax Bernstein, Litowitz, Berger & Grossmann LLP 1285 Avenue of the Americans New York, NY 10019 (212) 554-1400 LEAD ATTORNEY Richard Jo Kilsheimer Kaplan Fox & Kilsheimer LLP 805 Third Avenue New York, NY 10022 212-687-1980 Fax: 212-687-7714 Email: [email protected] LEAD ATTORNEY

Seth Richard Lesser Bernstein Litowitz Berger ect. 1285 Avenue of the Americas 33rd Flr. New York, NY 10019 (212)554-1442 LEAD ATTORNEY

V.

Defendant

Livent, Inc.

Defendant

Garth Drabinsky represented by Mark J. Stein Fried, Frank, Harris, Shriver & Jacobson One New York Plaza New York, NY 10004 (212) 455-2000 Fax: 212-455-2502 Email: [email protected] LEAD ATTORNEY

Defendant

Myron Gottlieb represented by 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

Defendant

Deloitte & Touche LLP TERMINATED: 12/03/1998

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] LEAD ATTORNEY John T. Behrendt Gibson, Dunn & Crutcher, L.L.P. 200 Park Avenue

New York, NY 10166 (212) 351-4000 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] LEAD ATTORNEY Peter Justus Beshar Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166-0193 (212) 351-4000 LEAD ATTORNEY

Defendant

H. Garfield Emerson TERMINATED: 12/03/1998

Defendant

Martin Goldfarb TERMINATED: 12/03/1998

represented by 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] LEAD ATTORNEY

Defendant

A. Alfred Taubman TERMINATED: 12/03/1998

V.

Consolidated Defendant

Gordon Eckstein


Robert Topol TERMINATED: 12/03/1998

represented by W. Sidney Davis Stanley N. Futterman 800 Second Avenue, 3rd Floor New York, NY 10017 (212) 687-3121 TERMINATED: 12/03/1998 LEAD ATTORNEY

Consolidated Plaintiff

Myron Harris represented by Carole A. Broderick Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 (215) 875-3000 LEAD ATTORNEY


Rocco Carrano on behalf of himself and all others similarly situated.

represented by Andrew L. Barroway Schiffrin & Barroway, L.L.P. Three Bala Plaza East Bala Cynwyd, PA 19004 (610) 667-7706 LEAD ATTORNEY Daniel Adam Osborn Beatie and Osborn 599 Lexington Avenue New York, NY 10022 (212)888-9000 LEAD ATTORNEY Russel H. Beatie, Jr. Beatie and Osborn LLP 521 Fifth Avenue, 34th Floor New York, NY 10175 (212)888-9000 Fax: (212)888-9664 LEAD ATTORNEY


David N. Stone on behalf of himself and all others similarly situated.

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY

Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY


Khris Klimek on behalf of himself and all others similarly situated.

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY


Daniel W. Krasner on behalf of himself and all others similarly situated

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY


Jeffrey Parsons Individually and on behalf of Allothers Similarly Situated

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY David Kessler Schiffrin Craig & Barroway, LLP Three Bala Plaza East Suite 400 Suite 400 Bala Cynwyd, PA 19004 610-667-7706

LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY


The Ruth Salit Trust The Ruth Salit TRust, on behalf of itself and all others similarly situtate.

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY David Kessler (See above for address) LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY Stuart L. Berman Schiffrin Craig & Barlow, LLP Three Bala Plaza East Suite 400 Bala Cynwyd, PA 19004 610-667-7706 LEAD ATTORNEY


Theodore Rubin on behalf of himself and all others similarly situated

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY David Kessler (See above for address) LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY

Stuart L. Berman (See above for address) LEAD ATTORNEY


Naomi Rubin on behlf of herself and all others similarly situated

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY David Kessler (See above for address) LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY Stuart L. Berman (See above for address) LEAD ATTORNEY


Martin Pizzuti on behalf of himself and all others similarly situated



David Milton on behalf of himself and all others similarly situated



Steven Friedland on behalf of himself and allothers similarly situated



Susan Stevens on behalf of herself and all others similarly situated

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address)

LEAD ATTORNEY David Kessler (See above for address) LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY Stuart L. Berman (See above for address) LEAD ATTORNEY


Angeline Lombardo on behalf of herself and all others similarly situated.



Martin Grossman on behalf of himself and all others similarly situated

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY David Kessler (See above for address) LEAD ATTORNEY

Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY Stuart L. Berman (See above for address) LEAD ATTORNEY


Jeff Housenbold Individually and on behalf of all others similarly situated



Steve on behalf of himself and all others similarly situated.

represented by Andrew L. Barroway (See above for address) LEAD ATTORNEY Daniel Adam Osborn (See above for address) LEAD ATTORNEY David Kessler (See above for address) LEAD ATTORNEY Russel H. Beatie, Jr. (See above for address) LEAD ATTORNEY Stuart L. Berman (See above for address)

LEAD ATTORNEY


Steven Walsh on behalf of himself and allothers similarly situated


V.


Maria Messina


Canadian Imperial Bank of Commerce represented by Howard O. Godnick Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY 10022 (212) 756-2000 Email: [email protected] LEAD ATTORNEY


CIBC Wood Gundy, Inc. represented by Howard O. Godnick (See above for address) LEAD ATTORNEY

Cross Claimant

Deloitte & Touche LLP represented by Aric Hugo Wu

TERMINATED: 12/03/1998 (See above for address) LEAD ATTORNEY John T. Behrendt (See above for address) LEAD ATTORNEY Lee Gordon Dunst (See above for address) LEAD ATTORNEY Peter Justus Beshar (See above for address) LEAD ATTORNEY

V.

Cross Defendant

Garth Drabinsky represented by Mark J. Stein (See above for address) LEAD ATTORNEY

Cross Defendant

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

Cross Defendant

Gordon Eckstein

Cross Defendant

Robert Topol TERMINATED: 12/03/1998

represented by W. Sidney Davis (See above for address) TERMINATED: 12/03/1998 LEAD ATTORNEY

Date Filed # Docket Text

08/11/1998 1 CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 23146 (pl) Modified on 08/11/1998 (Entered: 08/11/1998)

08/11/1998 Magistrate Judge Eaton is so Designated. (pl) (Entered: 08/11/1998)

09/08/1998 2 STIPULATION AND ORDER: reset answer due for 10/30/98 for Livent, Inc. ( signed by Judge Robert W. Sweet ). (sac) (Entered: 09/09/1998)

10/13/1998 7 AFFIDAVIT in support of Stuart L. Berman by Phyllis Rosen Re: [5-1] motion to consolidate actions as set forth herein, [5-2] motion to appoint the proposed lead plaintiffs as lead plaintiffs in the captioned securities class action lawsuits, [5-3] motion to approve their selection of co-lead counsel and Liaison Counsel; (djc) (Entered: 10/27/1998)

10/14/1998 3 NOTICE OF MOTION by The Kasman Shareholder Group; for an order consolidating the following cases: 98 Civ. 5686; 98 Civ. 5731; 98 Civ. 5736; 98 Civ. 5742; 98 Civ. 5842; 98 Civ. 5884; 98 Civ. 5971; 98 Civ. 6075; 98 Civ. 6975 ; for an appointment of Lead Plaintiffs pursuant to section 21d(A)(3)(b) of the Securities Exchange Act of 1934 ; and for an approval of proposed lead plaintiffs' selection of lead counsel , Return date 10/28/98 (ae) (Entered: 10/15/1998)

10/14/1998 4 MEMORANDUM OF LAW by The Kasman Shareholder Group in support of [3-1] motion for an order consolidating the following cases: 98 Civ. 5686; 98 Civ. 5731; 98 Civ. 5736; 98 Civ. 5742; 98 Civ. 5842; 98 Civ. 5884; 98 Civ. 5971; 98 Civ. 6075; 98 Civ. 6975; [3-2] for an appointment of Lead Plaintiffs pursuant to section 21d(A)(3)(b) of the Securities Exchange Act of 1934; [3-3] motion for an approval of proposed lead plaintiffs' selection of lead counsel (ae) (Entered: 10/15/1998)

10/16/1998 5 NOTICE OF MOTION by Phyllis Rosen to consolidate actions as set forth herein ; to appoint the proposed lead plaintiffs as lead plaintiffs in the captioned securities class action lawsuits and to approve their selection of co-lead counsel and Liaison Counsel , Return date 11/18/98 (djc) (Entered: 10/21/1998)

10/16/1998 6 MEMORANDUM of LAW by Phyllis Rosen in support of [5-1] motion to consolidate actions as set forth herein, [5-2] motion to appoint the proposed lead plaintiffs as lead plaintiffs in the captioned securities class action lawsuits, [5-3] to approve their selection of co-lead counsel and Liaison Counsel (djc) (Entered: 10/27/1998)

11/04/1998 8 NOTICE OF MOTION filed by Absler/Kasman for an order, to consolidate case: 98 Civ. 5686 (Lead Case), 98 Civ. 5726, 98 Civ. 5731, 98 Civ. 5736, 98 Civ. 5742, 98 Civ. 5755, 98 Civ. 5842, 98 Civ. 5884, 98 Civ. 5907, 98 Civ. 5971, 98 Civ. 6075, 98 Civ. 6075, 98 Civ. 6247, 98 Civ. 6751, 98 Civ. 6975 ; for an order, appointing lead pltffs ; and for an order, approving their selection of Schiffrin Craig & Barroway, LLP Berger & Montague, P.C., and Beatie & Osborn LLP as counsel Co-Lead Counsel and Milberg Weiss Bershad Hynes & Lerach, LLP as Liaison Counsel ; Return date 11/18/98. (rec'd in the night deposit box on 11/4/98 at 5:48 p.m.) (sac) Modified on 11/06/1998 (Entered: 11/06/1998)

11/04/1998 9 SUPPLEMENTAL AFFIDAVIT of Stuart L. Berman filed by Absler/Kasman Re: in support of [8-1] motion for an order, to consolidate case: 98 Civ. 5686 (Lead Case), 98 Civ. 5726, 98 Civ. 5731, 98 Civ. 5736, 98 Civ. 5742, 98 Civ. 5755, 98 Civ. 5842, 98 Civ. 5884, 98 Civ. 5907, 98 Civ. 5971, 98 Civ. 6075, 98 Civ. 6075, 98 Civ. 6247, 98 Civ. 6751, 98 Civ. 6975, [8-2] motion for an order, appointing lead pltffs, [8-3] motion for an order, approving their selection of Schiffrin Craig & Barroway, LLP Berger & Montague, P.C., and Beatie & Osborn LLP as counsel

Co-Lead Counsel and Milberg Weiss Bershad Hynes & Lerach, LLP as Liaison Counsel. (rec'd in the night deposit box on 11/4/98 at 5:48 p.m.) (sac) Modified on 11/06/1998 (Entered: 11/06/1998)

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

12/03/1998 11 ORDER granting [8-1] motion for an order, to consolidate case: 98 Civ. 5686 (Lead Case), 98 Civ. 5726, 98 Civ. 5731, 98 Civ. 5736, 98 Civ. 5742, 98 Civ. 5755, 98 Civ. 5842, 98 Civ. 5884, 98 Civ. 5907, 98 Civ. 5971, 98 Civ. 6075, 98 Civ. 6077, 98 Civ. 6247, 98 Civ. 6751, 98 Civ. 6975, granting [8-2] motion for an order, appointing lead pltffs, granting [8-3] motion for an order, approving their selection of Schiffrin Craig & Barroway, LLP Berger & Montague, P.C., and Beatie & Osborn LLP as counsel Co-Lead Counsel and Milberg Weiss Bershad Hynes & Lerach, LLP as Liaison Counsel; Defendants, other than Livent, Inc., shall answer or otherwise move with respect to the consolidated complaint within sixty days of their receipt of the consolidated complaint ; Due to the filing of a Chapter 11 Bankruptcy petition by defendant Livent, Inc. on 11/18/98 the actions are stayed as to Livent, Inc. ; Defendants, other than Livent, Inc., shall answer or otherwise move with respect to the consolidated complaint within sixty days of their receipt of the consolidated complaint. (signed by Judge Robert W. Sweet); Copies mailed (djc) Modified on 12/14/1998 (Entered: 12/07/1998)

12/03/1998 Consolidated Lead Case (djc) (Entered: 12/10/1998)

02/01/1999 12 AMENDED CLASS ACTION COMPLAINT by Phyllis Rosen (Answer due 2/16/99 for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc. ) amending [1-1] complaint; Summons issued. (cd) (Entered: 02/04/1999)

02/09/1999 13 NOTICE of change of address filed by the law firm of Bernstein, Liebhard & Lifshitz, Counsel for pltff. (jp) (Entered: 02/11/1999)

02/18/1999 14 Affidavit of service of proposed order consolidating actions pretrial order, summons and complt., jury demand as to Myron Gottlieb by personal svc. on 1/25/99 Answer due on 2/16/99 for Myron Gottlieb (ls) (Entered: 02/24/1999)

02/18/1999 15 Affidavit of service as to Garth Drabinsky by Myron Gottlieb on 1/25/99 Answer due on 2/16/99 for Garth Drabinsky (cd) (Entered: 02/24/1999)

03/23/1999 16 RETURN OF SERVICE executed as to Taubman Corp. by Dennis Hecht, vice pres., on 2/26/99. (sac) (Entered: 03/29/1999)

03/23/1999 16 Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Robert Topol by personal service on 2/25/99. (sac) (Entered: 03/29/1999)

03/23/1999 16 Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Martin Goldfard by personal service on 3/17/99. (sac) (Entered: 03/29/1999)

03/23/1999 16 Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury, as to Myron Gottlieb by personal service on 2/24/99.

Answer due on 3/16/99 for Myron Gottlieb (sac) (Entered: 03/29/1999)

03/23/1999 16 Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Gordon Eckstein by personal service on 2/24/99. (sac) (Entered: 03/29/1999)

03/23/1999 16 Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Deloitte & Touche by George Beqic, solicitor, on 2/24/99 (sac) (Entered: 03/29/1999)

03/23/1999 16 Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Garth Drabinsky by personal service on 3/1/99. Answer due on 3/22/99 for Garth Drabinsky (sac) (Entered: 03/29/1999)

04/14/1999 pre-trial conference held on 4/14/99 before Judge Sweet (ls) (Entered: 04/16/1999)

04/23/1999 17 Affidavit of service as to Mr. Emerson by mail on 3/24/99 (sac) (Entered: 04/27/1999)

04/23/1999 18 Affidavit of service as to Marisa Kriticos by FedEx on 3/25/99 (sac) (Entered: 04/27/1999)

05/04/1999 19 Filed Memo-Endorsement on letter by Greg A. Danilow to Judge Sweet dated 4/29/99; granting defendant H. Garfield Emersons' request for a four week extension of time until 5/27/99 to become familiarized with the allegations in this complex litigation and to prepare and answer or motion with respect to the consoldiated complaint ( signed by Judge Robert W. Sweet ) (pl) Modified on 05/06/1999 (Entered: 05/06/1999)

05/14/1999 20 NOTICE OF MOTION by Deloitte & Touche; for an Order dismissing the consolidated amended class action complaint ; Return date not indicated. (jp) (Entered: 05/18/1999)

05/14/1999 21 MEMORANDUM by Deloitte & Touche in support of [20-1] motion for an Order dismissing the consolidated amended class action complaint (jp) (Entered: 05/18/1999)

05/14/1999 22 DECLARATION of Gerard V. La Forest Re: [20-1] motion for an Order dismissing the consolidated amended class action complaint. Appendix attached. (jp) (Entered: 05/18/1999)

05/14/1999 23 DECLARATION of Peter J. Beshar Re: [20-1] motion for an Order dismissing the consolidated amended class action complaint . (jp) (Entered: 05/18/1999)

05/14/1999 24 NOTICE OF MOTION by Myron Gottlieb; for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety , or in the alternative, for an order purs. to Rule 12(f) striking paragraphs 77-78 and 184-188 ; Return date 7/30/99. (jp) (Entered: 05/18/1999)

05/14/1999 25 MEMORANDUM by Myron Gottlieb in support of [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs

Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs 77-78 and 184-188 (jp) (Entered: 05/18/1999)

05/14/1999 26 NOTICE OF MOTION by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman; for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP ; Return date 7/28/99. Documents in support of motion attached. (jp) (Entered: 05/18/1999)

05/14/1999 27 MEMORANDUM by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman in support of [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP. Compendium of unreported authorities attached. (jp) (Entered: 05/18/1999)

05/18/1999 30 NOTICE OF MOTION by Garth Drabinsky; for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky ; or in the alternative, pursuant to F.R.C.P. 12 (f) to strike the paragraphs 77-78 and 184-88 of the Complaint , Return date: not indicated (pl) (Entered: 05/20/1999)

05/18/1999 32 DECLARATION by Garth Drabinsky in support of [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky; [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs 77-78 and 184-88 of the Complaint (pl) (Entered: 05/20/1999)

05/18/1999 33 DECLARATION by Harvey T. Strosberg in support [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky, [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs 77-78 and 184-88 of the Complaint (pl) (Entered: 05/20/1999)

05/19/1999 28 STIPULATION and ORDER, extending time to 6/14/99 for deft Maria Messina to answer ( signed by Judge Robert W. Sweet ). (cd) (Entered: 05/19/1999)

05/19/1999 29 STIPULATION and ORDER, that the time of defendant Gordon Eckstein to move or answer with regard to the complaint is extended to and including 6/14/99 (signed by Judge Robert W. Sweet). (ri) (Entered: 05/20/1999)

05/19/1999 31 MEMORANDUM OF LAW by Garth Drabinsky in support of [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky; [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs 77-78 and 184-88 of the Complaint (pl) (Entered: 05/20/1999)

05/20/1999 34 STIPULATION and ORDER, that the time for defendant Robert Topol to move against, answer or otherwise respond to the complaint is extended to 5/21/99 (signed by Judge Robert W. Sweet). (ri) (Entered: 05/21/1999)

05/21/1999 57 NOTICE OF MOTION by Robert Topol; for an Order dismissing the complaint as against Robert Topol purs. to FRCP 9(b) and 12(b), and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et. seq., and/or the doctrine of forum non conveniens ; Return date 7/28/99. Documents in support of motion attached. (jp) (Entered: 09/03/1999)

05/21/1999 58 MEMORANDUM by Robert Topol in support of [57-1] motion for an Order dismissing the complaint as against Robert Topol purs. to FRCP 9(b) and 12(b), and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et. seq., and/or the doctrine of forum non conveniens. (jp) (Entered: 09/03/1999)

06/17/1999 35 STIPULATION and ORDER, that the time for defendant Gordon Eckstein to move or answer with regard to the complaint is extended from 6/14/99 to and including 7/14/99 (signed by Judge Robert W. Sweet). (ri) (Entered: 06/17/1999)

07/01/1999 36 NOTICE of Name Change of Schiffrin Craig & Barroway, LLP to Schiffrin & Barroway, LLP. (djc) (Entered: 07/02/1999)

07/13/1999 37 STIPULATION and ORDER, that plaintiffs' opposition briefs in connection with the motions shall be served on 7/21/99; Defendants' reply briefs in connection with the motions shall be served on 8/25/99 ; Oral argument of the motions shall occur on 9/8/99, the date previously scheduled by the Court (signed by Judge Deborah A. Batts). (ri) (Entered: 07/15/1999)

07/13/1999 Oral argument set for 9/8/99 before Judge Robert W. Sweet re: [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky, [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP, [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [20-1] motion for an Order dismissing the consolidated amended class action complaint. (ri) Modified on 07/15/1999 (Entered: 07/15/1999)

07/22/1999 38 STIPULATION and ORDER; that the time for deft Gordon Eckstein to move or answer with regard to the complaint is extended from 7/14/99 to and including 8/16/99 ( signed by Judge Denise L. Cote, Part 1 ). (jp) (Entered: 07/22/1999)

07/22/1999 39 OPPOSITION by Phyllis Rosen re: [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP (pl) (Entered: 07/23/1999)

07/22/1999 40 OPPOSITION by Phyllis Rosen re: [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs 77-78 and 184-88 of the Complaint, [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs 77-78 and 184-188 (pl) (Entered: 07/23/1999)

07/22/1999 41 OPPOSITION by Phyllis Rosen, Livent, Inc. re: [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated

Amended Class Action Complaint as against Garth Drabinsky, [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs 77-78 and 184-88 of the Complaint, [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP, [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs 77-78 and 184-188, [20-1] motion for an Order dismissing the consolidated amended class action complaint (pl) (Entered: 07/23/1999)

07/22/1999 42 DECLARATION of Jeanne A. Markey Re: Volume I with corrected copies of the attached documents. (pl) (Entered: 07/23/1999)

07/22/1999 43 DECLARATION of Jeanne A. Markey Volume II (pl) (Entered: 07/23/1999)

07/22/1999 44 OPPOSITION/RESPONSE by Phyllis Rosen to [20-1] motion for an Order dismissing the consolidated amended class action complaint (djc) (Entered: 07/26/1999)

07/22/1999 45 Affidavit of service of plaintiff's opposition to defendant Deloitte & Touche LLP's motion; plaintiffs' opposition to defendants H. Garfield Emerson, et al., Plaintiff's opposition to the motions to dismiss of Defendants Garth H. Drabinsky, et al and plaintiffs' opposition to defendants' motion to dismiss plaintiffs' consolidated amended complaint on forum non conveniens grounds of mail on 7/21/99 to the parties stated in this affidavit of service. (djc) (Entered: 07/26/1999)

08/10/1999 Terminated documents 3-1;3-2;3-3;5-1;5-2;5-3 pursuant to instructions of Judge Sweet. (rag) (Entered: 08/10/1999)

08/20/1999 46 NOTICE OF CHANGE OF FIRM'S ADDRESS filed by Phyllis Rosen (sac) (Entered: 08/23/1999)

08/23/1999 47 STIPULATION and ORDER, reset answer due for 9/15/99 for Gordon Eckstein ( signed by Judge Robert W. Sweet ). (sn) (Entered: 08/24/1999)

08/25/1999 48 REPLY MEMORANDUM by Myron Gottlieb re: in further support of [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs 77-78 and 184-188. (rec'd in the night deposit box on 8/25/99 at 5:16 p.m.) (sac) (Entered: 08/26/1999)

08/25/1999 49 AFFIDAVIT of David R. Richards by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman Re: [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP . (jp) (Entered: 08/26/1999)

08/25/1999 50 REPLY MEMORANDUM by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman in support of: [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP. Documents in support attached. (jp) (Entered: 08/26/1999)

08/25/1999 51 Reply affidavit of Eric M. Roth by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman in support of [26-1] motion for an Order dismising the complaint

purs. to Rules 9(b) and 12(b)(6) of the FCRP (jp) (Entered: 08/26/1999)

08/25/1999 52 REPLY MEMORANDUM by Deloitte & Touche in further support of : [20-1] motion for an Order dismissing the consolidated amended class action complaint. Appendix Attached. (jp) Modified on 08/26/1999 (Entered: 08/26/1999)

08/25/1999 53 DECLARATION of Peter J. Beshar by Deloitte & Touche in support of: [20-1] motion for an Order dismissing the consolidated amended class action complaint . (jp) (Entered: 08/26/1999)

08/25/1999 54 DECLARATION of Gerard V. La Forest by Deloitte & Touche Re: [20-1] motion for an Order dismissing the consolidated amended class action complaint . (jp) (Entered: 08/26/1999)

08/26/1999 55 DECLARATION of Harvey T. Strosberg by Garth Drabinsky in further support of motion to dismiss the complaint and purs to 28 U.S.C. section 1746. (djc) (Entered: 08/27/1999)

08/26/1999 56 REPLY MEMORANDUM of LAW by Garth Drabinsky in Further support of Garth H. Drabinsky's motion to dismiss the complaint or in the alterntive, to strike certain allegations. (djc) (Entered: 08/27/1999)

09/07/1999 59 NOTICE OF MOTION for an order, purs. to Rule 1.3(c) of the Local Rules, allowing the admission of movant, Jeanne A. Markey, to appear pro hac vice to argue or try this case in whole or in part as counsel ; Return date not indicated. (sac) (Entered: 09/08/1999)

09/07/1999 60 AFFIDAVIT of Daniel A. Osborn in support Re: [59-1] motion for an order, purs. to Rule 1.3(c) of the Local Rules, allowing the admission of movant, Jeanne A. Markey, to appear pro hac vice to argue or try this case in whole or in part as counsel. (sac) (Entered: 09/08/1999)

09/09/1999 61 NOTICE OF MOTION filed by movants; for an order, purs. to Rule 1.3(c), allowing the admission of movants, members of the firm of Berger & Montague, P.C. and members in good standing of the Bar of the State of Pennsylvania, as attys pro hac vice to argue or try this case in whole or in part as counsel ; Return date not indicated. (sac) (Entered: 09/10/1999)

09/09/1999 62 REPLY MEMORANDUM by Maria Messina re: in support of her motion to dismiss the Consolidated Class Action Complaint (sac) (Entered: 09/10/1999)

09/14/1999 63 Memo endorsed on plaintiff's pro hac vice motion; There being no opposition, motion is granted allowing the admission of movants, members of the firm of Berger & Montague, P.C. as attorneys pro hac vice to argue or try this case in whole or in part as counsel ; (signed by Judge Robert W. Sweet); Copies mailed. Docmt forwarded to Atty Admissions Clerk. (djc) Modified on 09/15/1999 (Entered: 09/15/1999)

09/16/1999 Memo endorsed on motion; granting [59-1] motion for an order, purs. to Rule 1.3(c) of the Local Rules, allowing the admission of movant, Jeanne A. Markey, to appear pro hac vice to argue or try this case in whole or in part as counsel. Motion granted, no opposition. ( signed by Judge Robert W. Sweet ); Copies mailed. (Sent document to Attorney Admission Clerk) (kw) Modified on 09/17/1999 (Entered: 09/17/1999)

09/16/1999 Memo endorsed on motion; granting [61-1] motion for an order, purs. to Rule 1.3(c), allowing the admission of Sherrie R. Savett and Arthur Stock, members of the firm of Berger & Montague, P.C. and members in good standing of the Bar of the State of Pennsylvania, as attys pro hac vice to argue or try this case in whole or in part. ( signed by Judge Robert W. Sweet ); Copies mailed; sent orig. doc. to the Attorney Admissions Clerk on 9/17/99 (ae) (Entered: 09/17/1999)

09/17/1999 64 ORDER, The motion for admission of Jeanne A. Markey to practice pro hac vice in this matter is granted. An attorney admitted to practice pro hac vice is required to pay a $25.00 attorney admission fee and present this Order to the intake deputy clerk in the Clerk's Office . The attorney admitted pro hac vice must serve a copy of this Order on all other counsel in this case . ( signed by Judge Robert W. Sweet ); Copies mailed. (sn) (Entered: 09/21/1999)

09/20/1999 65 ORDER, that the time for defendant Gordon Eckstein to move or answer with regard to the complaint is extended from 9/15/99 to and including 10/21/99 (signed by Judge Robert W. Sweet); Copies mailed. (ri) (Entered: 09/21/1999)

12/01/1999 66 STIPULATION AND ORDER: reset answer due for 1/5/00 for Gordon Eckstein. ( signed by Judge Robert W. Sweet ) (sac) Modified on 12/03/1999 (Entered: 12/02/1999)

12/13/1999 67 OPINION #83208, granting in part, denying in part [57-1] motion for an Order dismissing the complaint as against Robert Topol purs. to FRCP 9(b) and 12(b), and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et. seq., and/or the doctrine of forum non conveniens; granting in part, denying in part [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky; granting in part, denying in part [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP; granting in part, denying in part [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety; granting in part, denying in part [20-1] motion for an dismissing the consolidated amended class action complaint; granting in part, denying in part [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs 77-78 and 184-88 the Complaint; granting in part, denying in part [24-2] motion for an order purs. to Rule 12(f) striking paragraphs 77-78 and 184-188; settle judgment on notice ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) Modified on 04/04/2000 (Entered: 12/13/1999)

12/14/1999 68 NOTICE OF MOTION by Maria Messina for an order, dismissing the Complaint against her purs. to FRCP Rules 9(b) and 12(b)(6), the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., and the doctrine of forum non conveniens ; Return date not indicated. (Document originally received in Clerk's Office on 6/14/99. Received for docketing from Judge Sweet's Chambers on 12/14/99). (sac) Modified on 04/04/2000 (Entered: 12/15/1999)

12/14/1999 69 MEMORANDUM OF LAW by Maria Messina in support of [67-1] motion for an order, dismissing the Complaint against her purs. to FRCP Rules 9(b) and 12(b)(6), the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et

seq., and the doctrine of forum non conveniens. (Document originally received in Clerk's Office on 6/14/99. Received for docketing from Judge Sweet's Chambers on 12/14/99). (sac) Modified on 04/04/2000 (Entered: 12/15/1999)

01/04/2000 70 ORDER; that the [67-1] motion for an order, dismissing the Complaint against her purs. to FRCP Rules 9(b) and 12(b)(6), the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., and the doctrine of forum non conveniens are denied; the motions by Drabinsky and Gottlieb to strike certain allegations in the complaint purs. to Federal Rule 12(f) are denied ; the motions by the Outside Directors and D&T to dismiss the complaint purs. to Federal Rule 9(b) and 12(b)(6) are granted without prejudice to pltffs' filing and serving a second amended complaint within 60 days of the entry of this Order . ( signed by Judge Robert W. Sweet ); Copies mailed. (jp) Modified on 04/04/2000 (Entered: 01/05/2000)

01/17/2000 72 NOTICE OF MOTION by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh for leave to file their supplemental consolidated amended class action complaint ; Return date not indicated. (djc) Modified on 04/04/2000 (Entered: 01/20/2000)

01/18/2000 71 STIPULATION and ORDER, reset answer to complaint due for 1/27/00 for Gordon Eckstein . (signed by Judge Richard Owen)(djc) Modified on 04/04/2000 (Entered: 01/20/2000)

02/07/2000 73 Affidavit of service of Summons and Complaint, as to CIBC Wood Gundy Securities on 1/13/00. (jp) Modified on 04/04/2000 (Entered: 02/08/2000)

02/15/2000 74 SEALED DOCUMENT placed in vault. (da) Modified on 04/04/2000 (Entered: 02/16/2000)

02/17/2000 75 SUPPLEMENTAL CONSOLIDATED AMENDED CLASS ACTION COMPLAINT filed by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Rubin, Martin Pizzuti, David Milton, Steven Friedland, Stevens, Angeline Lombardo, Maria Messina, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh (Answer due 3/1/00 Maria Messina, for Gordon Eckstein, for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc. ) amending [12-1] amended complaint ; Summons issued. (jp) Modified on 04/04/2000 (Entered: 02/18/2000)

02/17/2000 Memo endorsed on motion; granting [71-1] motion for leave to file their supplemental consolidated amended class action complaint, No opposition. ( signed by Judge Robert W. Sweet ); Copies mailed. (sac) (Entered: 02/18/2000)

03/13/2000 76 STIPULATION and ORDER; pltffs will serve their second amended complt. on or before 3/10/00 ; defts will answer, move or otherwise respond to the second amended complt. on or before 4/30/00; if motions to dismiss are filed, pltffs will file their responsive papers on or before 5/26/00, and defts will file reply papers on or before 6/19/00 ; ( signed by Judge Leonard B. Sand, Part I ) (ls) Modified on 04/04/2000 (Entered: 03/14/2000)

03/13/2000 Deadline(s) updated: answer to the second amended complaint due for 4/30/00 for A. Alfred Taubman, for Martin Goldfarb, for H. Garfield Emerson, for Deloitte & Touche, for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc. . (kg) (Entered: 03/15/2000)



03/16/2000 77 SECOND AMENDED COMPLAINT by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Maria Messina, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh (Answer due 4/5/00 for Maria Messina, for Robert Topol, for Gordon Eckstein, for A. Alfred Taubman, for Martin Goldfarb, for H. Garfield Emerson, for Deloitte & Touche, for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc. amending [74-1] amended complaint; Summons issued. (cd) Modified on 04/04/2000 (Entered: 03/17/2000)

03/16/2000 77 DEMAND for jury trial by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Maria Messina, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh (cd) Modified on 04/04/2000 (Entered: 03/17/2000)

04/24/2000 80 ANSWER to Second Consoldiated Amended Class Action Complaint by Garth Drabinsky (Attorney Mark J. Stein from the Firm: Fried, Frank, Harris, Shriver). (pl) (Entered: 04/25/2000)

04/24/2000 81 Notice of reassignment to Judge Victor Marrero. Copy of notice and judge's rules mailed to Attorney(s) of record: Richard J. Kilsheimer, Barry Lax, Seth Richard Lesser. (em) (Entered: 04/28/2000)

04/28/2000 82 ANSWER to Complaint by Myron Gottlieb (Attorney Lee S. Richards from the Firm: Richards Spears) (cd) (Entered: 05/01/2000)

05/01/2000 83 Memo-Endorsement on letter addressed to Judge Marrero from Howard O. Godnick, dated 4/25/00. Re: defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities, Inc. request leave to file a brief in excess of the Court's 25 page limit. Petition granted. Memorandum not to exceed 40 pages ; ( signed by Judge Victor Marrero ); copies mailed. (kw) (Entered: 05/02/2000)

05/01/2000 84 Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 4/25/00. Re: defendant Deloitte & Touche Canada requests leave to file a memorandum of law of up to 40 pages. Petition granted. Memorandum not to exceed 40 pages ; ( signed by Judge Victor Marrero ); copies mailed. (kw) (Entered: 05/02/2000)

05/01/2000 85 Memo-Endorsement on letter addressed to Judge Marrero from Eric M. Roth, dated 4/25/00; Re: counsel requests leave to file a brief in support of the outside directors'

motion to dismiss of up to 50 dages in length; petition granted; memorandum not to exceed 50 pages ( signed by Judge Victor Marrero ); Copies mailed. (lam) (Entered: 05/02/2000)

05/01/2000 86 NOTICE OF MOTION by Deloitte & Touche to dismiss pltffs' Second Consolidated Amended Class Action Complaint . Return date not indicated. (lam) (Entered: 05/03/2000)

05/01/2000 87 MEMORANDUM OF LAW by Deloitte & Touche in support of [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint (lam) (Entered: 05/03/2000)

05/01/2000 88 DECLARATION of Peter J. Beshar, atty for Deloitte & Touche in support Re: [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint (lam) (Entered: 05/03/2000)

05/01/2000 89 NOTICE OF MOTION by H. Garfield Emerson, Martin Goldfarb, and A. Alfred Taubman; for an order dismissing the complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP ; affidavit of Eric M. Roth; no return date indicated. (kw) (Entered: 05/03/2000)

05/01/2000 90 MEMORANDUM OF LAW by H. Garfield Emerson, Martin Goldfarb, and A. Alfred Taubman in support of [89-1] motion for an order dismissing the complaint pursuant to Rules 9(b) and of the FRCP. Attached is a compendium of unreported authorities cited in the joint memorandum of law in support of the outside directors' motion to dismiss the complaint. (kw) (Entered: 05/03/2000)

05/01/2000 91 NOTICE OF MOTION by defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities; for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety ; no return date indicated. Received in the night deposit box on 5/1/00 at 8:29 p.m. (kw) Modified on 05/03/2000 (Entered: 05/03/2000)

05/01/2000 92 AFFIDAVIT of Howard O. Godnick in support Re: [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety. Received in the night deposit box on 5/1/00 at 8:29 p.m. (kw) (Entered: 05/03/2000)

05/01/2000 93 MEMORANDUM OF LAW of defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities, Inc. in support of [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety. Received in the night deposit box on 5/1/00 at 8:29 p.m. (kw) (Entered: 05/03/2000)

05/31/2000 94 Memo-Endorsement on letter addressed to Judge Marrero from Daniel A. Osborn, dated 5/24/00. Re: plaintiff requests leave to file briefs in support of their oppositions in excess of the 25 page limit set forth in Your Honor's Individual Practice Rules; Request granted. Plaintiff's submission shall not exceed 40 pages . ( signed by Judge Victor Marrero ); Copies mailed. (ri) (Entered: 06/01/2000)

06/01/2000 95 MEMORANDUM OF LAW by Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan

Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of their motion in opposition to Canadian Imperial Bank of Commerce and CIBC Wood Gundy's Motion to Dismiss Plaintiffs' Second Consolidated Amended Class Action Complaint; w. Appendix of Unreported Decisions. (djc) (Entered: 06/05/2000)

06/01/2000 96 AFFIDAVIT of David Kessler by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss Plaintiffs' Second Consolidated Amended Complaint; (djc) (Entered: 06/05/2000)

06/01/2000 97 BRIEF by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in Opposition to [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint (djc) (Entered: 06/05/2000)

06/01/2000 98 Opposition/RESPONSE by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh to [89-1] motion for an order dismissing the complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP (djc) (Entered: 06/05/2000)

06/09/2000 99 Memo-Endorsement on letter addressed to Judge Marrero from Howard O. Godnick, dated 6/8/00; granting counsel for defts Canadian Imperial Bank of Commerce and CIBC Wood Gundy Secruities, Inc's request for leave to file a brief of no more than 25 pages, in further support of their motion to dismiss the Second Amended Complt. in this action ; ( signed by Judge Victor Marrero ); Copies mailed. (lf) (Entered: 06/09/2000)

06/13/2000 100 Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 6/12/00. Granting Deloitte & Touche Chartered Accountants' requests to file a memorandum of law of no more than 25 pages ; ( signed by Judge Victor Marrero ); copies mailed. (kw) (Entered: 06/14/2000)

06/19/2000 101 Reply AFFIDAVIT of Eric M. Roth by A. Alfred Taubman in support of [89-1] motion for an order dismissing the complaint to Rules 9(b) and 12(b)(6) of the FRCP. (kw) (Entered: 06/21/2000)

06/19/2000 102 JOINT REPLY MEMORANDUM by H. Garfield Emerson, Martin Goldfarb, and A. Alfred Taubman in support of re: [89-1] motion for an order dismissing the complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP. (kw) (Entered: 06/21/2000)

06/19/2000 103 REPLY MEMORANDUM by Deloitte & Touche in further support of re: [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint. (kw) (Entered: 06/21/2000)

06/22/2000 104 REPLY MEMORANDUM filed by defts Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities re: in support of their [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety (lam) (Entered: 06/27/2000)

08/08/2000 105 Memo-Endorsement on letter addressed to Judge Marrero from Eric M. Roth, dated 6/13/00. Re: defendant requests leave to file a brief of no more than 25 pages. Request granted. Defendant's reply brief shall not exceed 25 pages . ( signed by Judge Victor Marrero ); Copies mailed. (kw) (Entered: 08/09/2000)

01/25/2001 106 NOTICE of Change of Address of counsel to CIBC. (djc) (Entered: 01/31/2001)

02/01/2001 107 Transcript of record of proceedings before Judge Victor Marrero on 12/21/00. (kw) (Entered: 02/01/2001)

06/29/2001 108 DECISION AND ORDER; denying [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in entirety; granting [89-1] motion for an order dismissing complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP, granting in part, denying in part [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint. ( signed by Judge Victor Marrero ); Copies mailed. (pl) (Entered: 07/05/2001)

07/06/2001 109 NOTICE of Firm Name Change by Martin Goldfarb; the law firm of O'Sullivan Graev and Karabell LLP has changed its name to O'Sullivan LLP. (kkc) (Entered: 07/09/2001)

07/16/2001 110 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 pltffs' 2nd Consolidated Amended Class Action Complaint against D&T Canada ; Return date not indicated. (rec'd in the night deposit box on 7/16/01 at 7:34 p.m.) (sac) Modified on 07/19/2001 (Entered: 07/18/2001)

07/16/2001 111 MEMORANDUM OF LAW by Deloitte & Touche in support of [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01, [110-2] motion for an order, dismissing pltffs' 2nd Consolidated Amended Class Action Complaint against D&T Canada. (rec'd in the night deposit box on 7/16/01 at 7:34 p.m.) (sac) (Entered: 07/18/2001)

07/16/2001 113 NOTICE OF MOTION by Canadian Imperial, CIBC Wood Gundy Inc. ; for an order for reconsideration of [108-1] order . Return date: not indicated (pl) Modified on 07/19/2001 (Entered: 07/19/2001)

07/16/2001 114 MEMORANDUM OF LAW by Canadian Imperial, CIBC Wood Gundy Inc. in support of [113-1] motion for an order for reconsideration of [108-1] order . (pl) (Entered: 07/19/2001)

07/18/2001 112 STIPULATION and ORDER; that defendant Canadian Imperial Bank of Commerce and CIBC Wood Gundy Inc. shall answer the plaintiffs' second consolidated amended complaint on or before 7/31/01 . ( signed by Judge Victor Marrero ) (kkc) (Entered: 07/19/2001)

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

07/27/2001 116 AFFIRMATION OF SERVICE of a copy of the memo endorsed Stipulation and Order signed 7/17/01, file stamped 7/18/01, by facsimile transmission on 7/25/01. (sn) (Entered: 08/01/2001)

08/15/2001 117 AFFIDAVIT OF SERVICE of Memorandum by U.S. Postal Service on 8/15/01. (bai) (Entered: 08/20/2001)

08/15/2001 118 AFFIDAVIT OF SERVICE of Memorandum by U.S. Postal Service on 8/15/01 . (bai) (Entered: 08/20/2001)

08/15/2001 119 MEMORANDUM OF LAW by Phyllis Rosen in response to [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01. (docmt received in nig ht dep. on 08/15/01 at 7:37p.m.) (djc) (Entered: 08/21/2001)

08/15/2001 120 MEMORANDUM OF LAW by Phyllis Rosen in opposition to [113-1] motion for an order for reconsideration of [108-1] order . (djc) (Entered: 08/21/2001)

08/24/2001 121 ORDER, reset status conference for 2:15 p.m. on 9/21/01 ; reset case management conference for 2:15 p.m. on 9/21/01 ; requests for adjournment will not be entertained for any reasons. The Clerk of Court is directed to serve a copy of this notice by certified mail, to be received no later than 8/28/01 to every attorney of record in the cases of this document . ( signed by Judge Victor Marrero ); Copies mailed. (kw) (Entered: 08/24/2001)

08/24/2001 122 Memo-Endorsement on letter addressed to Judge Marrero from Daniel A. Osborn, dated 8/21/01, Plaintiff's request for extension of time for status conference is granted. The 9/7/01 conference and all Livent matters is rescheduled to 9/21/01 at 2:15 p.m. The Court notes for the record that in view of the multiple partners here involved its Order scheduling the 9/7/01 was docketed in the public record of all the actions . ( signed by Judge Victor Marrero ); Copies mailed. (tp) Modified on 08/28/2001 (Entered: 08/27/2001)

09/04/2001 123 REPLY MEMORANDUM by Canadian Imperial, and CIBC Wood Gundy Inc. further support of re: [113-1] motion for an order for reconsideration of [108-1] order. (kw) (Entered: 09/06/2001)

09/04/2001 124 REPLY MEMORANDUM by Deloitte & Touche in support of its [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01, [110-2] motion for an order, dismissing pltffs' 2nd Consolidated Amended Class Action Complaint against D&T Canada. (Received in the night deposit box on 9/4/01 at 6:30 p.m.) (tp) Modified on 09/06/2001 (Entered: 09/06/2001)

09/04/2001 125 APPENDIX of unreported decisions cited in the reply memorandum of law of defendantby Deloitte & Touche Chartered Accountants in further support of its motion for reconsideration. (Received in night deposit box on 9/4/01 at 6:30 p.m.) (tp) Modified on 09/06/2001 (Entered: 09/06/2001)

09/25/2001 126 ERRATA; the Decision and Order dated 6/29/01 is amended as follows: page 92, line 2: the word "auditors" is stricken and the word "Livent" is added in its place; page 96, line 16: the dollar figure "$24,735,049" is amended to read "$25,735.049" . ( signed by Judge Victor Marrero ); Copies mailed. (kkc) (Entered: 09/25/2001)

09/25/2001 127 ORDER denying [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01; denying [113-1] motion for an order for

reconsideration of [108-1] order. ( signed by Judge Victor Marrero ); Copies mailed. (sn) (Entered: 09/26/2001)

09/28/2001 128 STIPULATION and ORDER; that defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy Inc. shall answer the plaintiffs' second consolidated amended complaint on or before 10/15/01 . ( signed by Judge Victor Marrero ) (kkc) (Entered: 10/01/2001)

10/15/2001 130 RULE 1.9 CERTIFICATE filed by Deloitte & Touche . (yv) (Entered: 10/17/2001)

10/15/2001 131 AFFIDAVIT OF SERVICE of Answer, Cross-Claims and Third-Party Claims of Defendant and Cross-Claim and Third-Party Plaintiff Deloitte & Touche Chartered Accountants as to Garth Drabinsky, Myron Gottlieb, Gordon Eckstein, Robert Topol, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh, CIBC Wood Gundy Inc. by first class mail on 10/15/01 . Answer due on 11/5/01 for Garth Drabinsky, for Myron Gottlieb, for Gordon Eckstein, for Robert Topol, for Myron Harris, for Rocco Carrano, for David N. Stone, for Khris Klimek, for Daniel W. Krasner, for Jeffrey Parsons, for The Ruth Salit Trust, for Theodore Rubin, for Naomi Rubin, for Martin Pizzuti, for David Milton, for Steven Friedland, for Susan Stevens, for Angeline Lombardo, for Martin Grossman, for Jeff Housenbold, for Steve, for Steven Walsh, for CIBC Wood Gundy Inc. . (yv) (Entered: 10/17/2001)

10/15/2001 132 ANSWER to Complaint, CROSSCLAIM and THIRD-PARTY CLAIMS by Deloitte & Touche (Attorney John T. Behrendt, Peter Justus Beshar, Lee Gordon Dunst, Aric Hugo Wu) (Attorney ) against Garth Drabinsky, Myron Gottlieb, Gordon Eckstein, Robert Topol (yv) (Entered: 10/17/2001)

10/16/2001 129 STIPULATION and ORDER, defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy, Inc. shall not answer the plaintiffs' Second Consolidated Amended Complaint until 10 days after the date on which either (a) the parties agree that further settlement discussions would not be fruitful and abandon their attempts at settlement, or (b) the Court declines to approve the terms of the settlement . ( signed by Judge Victor Marrero ) (kw) (Entered: 10/17/2001)

11/02/2001 133 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of 9/21/01 @2:30 p.m. (kg) (Entered: 11/02/2001)

11/07/2001 134 STIPULATION and ORDER; defendants Garth H. Drabinsky and Myron I. Gottlieb's Response to Deloitte & Touche Chartered Accountants' crossclaim deadline reset for 11/28/01 ( signed by Judge Victor Marrero ) (djc) (Entered: 11/08/2001)

11/07/2001 135 AFFIDAVIT OF SERVICE of 2nd consolidated amended class action complaint, 3rd-pty summons, answer, cross-claims and 3rd-pty claims of deft and cross-claim and 3rd pty pltff Deloitte & Touche Chartered Accountants as to Gordon Eckstein by return-receipt registered mail on 10/16/01. Answer due on 11/5/01 for Gordon Eckstein. (sn) (Entered: 11/13/2001)

12/03/2001 136 ANSWER by Garth Drabinsky, Myron Gottlieb to [132-2] cross claim; Firm of: Schechter & Nimkoff, L.L.P. by attorney (db) (Entered: 12/04/2001)

12/12/2001 137 SCHEDULING ORDER AND CASE MANAGEMENT PLAN: Joining of parties on 1/7/02; Deadline for filing of Class Certification motions 1/21/02; Case management conference for 9:30 9/13/02 ( signed by Judge Victor Marrero ); Copies mailed. (cd) (Entered: 12/14/2001)

12/14/2001 138 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} 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; The Clerk of the Court is also directed to close the case number {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 the action ; Case numbers 99cv2292 and 99cv9425 shall remain unconsolidated and all parties to these actions shall continue to file all official Court documents referencing those case numbers . ( signed by Judge Victor Marrero ); Copies mailed. (tp) Modified on 12/18/2001 (Entered: 12/18/2001)

01/08/2002 139 Memo-Endorsement on letter addressed to Judge Marrero from Ronald A. Nimkoff, dated 1/3/02. Re: Counsel for defts Drabinsky and Gottlieb requests a pre-motion conference with a view toward motions indicated herein to be made on their behalf. Pltffs are directed to respond to the requests set forth herein, each by letter not to exceed 3 pages submitted by 1/14/02 . ( signed by Judge Victor Marrero ); Copies mailed. (sn) (Entered: 01/10/2002)

01/14/2002 140 NOTICE OF MOTION by Deloitte & Touche for an order pursuant to Rule 28(b)(3) of the FRCP to direct the issuance of a letter of request to the appropiate authority, including any judge or tribunal having jurisdiction of civil actions, in Ontario, Canada , for an order pursuant to Title 18 U.S.C. Section 1781(b)(2) to compel the production of the documents from Livent, Inc. identified in the declaration of Lee G. Dunst and the testimony of the custodian of records on the grounds that those documents are necessary for the defense of this action . Return date not indicated. (bai) (Entered: 01/16/2002)

01/14/2002 141 DECLARATION of Lee G. Dunst by Deloitte & Touche in support Re: [140-1] motion for an order pursuant to Rule 28(b)(3) of the FRCP to direct the issuance of a letter of request to the appropiate authority, including any judge or tribunal having jurisdiction of civil actions, in Ontario, Canada, [140-2] motion for an order pursuant to Title 18 U.S.C. Section 1781(b)(2) to compel the production of the documents from Livent, Inc. identified in the declaration of Lee G. Dunst and the testimony of the custodian of records on the grounds that those documents are necessary for the defense of this action . (bai) (Entered: 01/16/2002)

01/16/2002 142 ORDER; granting [140-1] motion for an order pursuant to Rule 28(b)(3) of the FRCP to direct the issuance of a letter of request to the appropiate authority, including any judge or tribunal having jurisdiction of civil actions, in Ontario,

Canada . ( signed by Judge Victor Marrero ); Copies mailed. (djc) (Entered: 01/23/2002)

01/22/2002 144 MEMORANDUM OF LAW by Phyllis Rosen in support of [143-1] motion for an order declaring this action to be properly maintainable as a class action. (kw) (Entered: 01/28/2002)

01/23/2002 143 NOTICE OF MOTION by Phyllis Rosen, for an order declaring this action to be properly maintainable as a class action . No return date. (kw) (Entered: 01/28/2002)

03/06/2002 145 ORDER; the request of defendant Drabinsky and Gottlieb for leave to file a motion to dismiss in the Rieger Action, Docket No. 99 cv 9425 is denied; the request of defendants Drabinsky and Gottlieb for leave to file cross-claims and third party claims is denied ; ( signed by Judge Victor Marrero ); Copies mailed. (djc) (Entered: 03/07/2002)

03/06/2002 146 Memo-Endorsement on letter addressed to Judge Marrero from Jennifer Scullion, dated 3/1/02, granting defts request that the listed defts may appear at the 3/4/02 conference through co-counsel rather than principal trial counsel ( signed by Judge Victor Marrero ); Copies mailed. (cd) (Entered: 03/08/2002)

04/02/2002 147 Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 3/29/02; Re: counsel for Deloitte & Touche Chartered Accountants write to the Court with respect to the proposed settlements involving Gordon Eckstein and Robert Topol; In our judgment, final apporval of any settlments involving Eckstein and Topol must take account of the independent, Third-party claims asserted against Eckstein and Topol and should be contingent upon compliance, by these indiciduals, with all of their obligations as third-party defendants; defendants Eckstein and Topol are directed to respond by 4/3/02 to the matters set forth herein, in perticular to their obligations to answer third-party claims and provide discovery, as well as the circumstances relating to the timing of their submission of the stipulations of settlement . ( signed by Victor Marrero ); Copies mailed. (pl) Modified on 04/03/2002 (Entered: 04/03/2002)

04/04/2002 148 SEALED DOCUMENT placed in vault. (wv) (Entered: 04/04/2002)

04/09/2002 149 STIPULATION and ORDER, substituting Stanley N. Futterman as counsel in place of Hogan & Hartson for defendant Robert Topol in the following actions 99 civ. 2292, 99 civ. 7161, 98 civ. 5686, and 99 civ. 9425. ( signed by Judge Victor Marrero ) (kw) Modified on 04/11/2002 (Entered: 04/11/2002)

04/30/2002 150 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of 3/4/02. (tr) (Entered: 04/30/2002)

05/16/2002 151 Memo-Endorsement on letter addressed to Judge Marrero from Stanley N. Futterman, dated 5/13/02, Re Robert Topol's request to move for entry of a "bar order": the Court directs that all parties with any interest in or opposition to the request herein by deft Robert Topol o respond by 5/21/02. In the event no objection is received by the Court by that date, the Court shall endorse the "bar order" proposed by the deft ( signed by Judge Victor Marrero ); Copies mailed. (cd) (Entered: 05/21/2002)

06/14/2002 152 ORDER, that the Court has scheduled a conference for 6/26/02, at 2:00 PM to

discuss the request by defendant Robert Topol for the Court to issue a bar order in accordance w/ the terms of his settlement w/ plaintiffs herein, as well as certain objections thereto expressed by defendant Deloitte and Touche. All parties interested in addressing this matter are directed to appear. In advance of the conference, counsel for all parties interested in this action shall confer amongst themselves and endevor to reach agreement on the issues set forth in this Order . ( signed by Judge Victor Marrero ); Copies mailed. (ae) (Entered: 06/17/2002)

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 153 ORDER Approving Notice and Scheduling Hearing; granting [143-1] motion for an order declaring this action to be properly maintainable as a class action; the Court will hold a settlement hearing on 10/18/02 at 2:00 p.m. in Courtroom 905, United States Courthouse, 40 Centre Street, NY, NY ; ( signed by Judge Victor Marrero ); Copies mailed. (djc) (Entered: 07/01/2002)

07/18/2002 154 AMENDED ORDER, paragraph 4 of the "Order Approving Notice and Scheduling Hearing" entered on 6/26/02 in 98 cv 5686 is amended to reflect that the corresponding change noted therein shall be made to Paragraph 7 of the proposed Final Order Judgment. The reference to Paragraph 8 shall be stricken and Paragraph 4 of the "Order Approving Notice and Scheduling Hearing" entered on 6/26/02 in 99 cv 2292 is amended to reflect that the corresponding change noted therein shall be made to Paragraph 7 of the proposed Final Order Judgment. The reference to Paragraph 8 shall be stricken ( signed by Judge Victor Marrero ); Copies mailed. (cd) (Entered: 07/19/2002)

08/30/2002 155 NOTICE of Law Firm name and address change of attorney's for Martin Goldfarb . (moc) (Entered: 09/09/2002)

09/16/2002 156 ORDER; all parties are to appear before the Court for a conference on final approval of the proposed settlement between the Plaintiffs and Defendant Canadian Imperial Bank of Commerce on 01/10/03 at 10:15 a.m. ; the parties are to confer to discuss and negotiate the number of depositions to be taken by Plaintiffs, the length of each, and the advance exchange of exhibits prior to the settlement conference currently scheduled for October 18, 2002, at which time the Court will resolve any outstanding disputes on these matters; Defendants Garth Drabinsky and Myron Gottlieb are to notify Plaintiffs and the Court in writing by 09/20/02 as to whether they intend to appear in the Southern District of NY for deposition, with Plaintiffs' response due on 09/25/02 ; (signed by Judge Victor Marrero); Copies mailed. (djc) (Entered: 09/17/2002)

09/26/2002 157 Memo-Endorsement on letter addressed to Judge Marrero from Daniel A. Osborn, dated 9/24/02, granting plntf's request for an extension of time to respond to defts Gottlieb and Drabinskys' objections to the location of their deposition to 9/27/02 ( signed by Judge Victor Marrero ); (cd) (Entered: 09/30/2002)

10/11/2002 MEMORANDUM OF LAW by H. Garfield Emerson, Martin Goldfarb in support of the Outside Director settlements. Original entry in 98cv7161 document number 175. (yv) Modified on 10/25/2002 (Entered: 10/25/2002)

10/17/2002 160 MEMORANDUM OF LAW in support of Proposed Settlements and Reimbursements of Expenses. (djc) (Entered: 10/24/2002)

10/18/2002 161 AFFIDAVIT of Lisa Williams by Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh Re: notice packet. (yv) (Entered: 10/24/2002)

10/18/2002 Settlement Conference held before Judge Victor Marrero . (cd) (Entered: 10/25/2002)

10/21/2002 158 DECISION AND ORDER, defts Garth H. Drabinsky and Myron I. Gottlieb are directed to appear in the SDNY for deposition upon proper notice in accordance with the FRCP . ( signed by Judge Victor Marrero ); Copies faxed to Counselon 10/18/02 by Chambers. (kg) (Entered: 10/23/2002)

10/21/2002 159 ORDER Regarding Notice and Proposed Partial Settlement of Class Action; a Settlement Fairness hearing shall be held before this Court on 1/10/03 at 10:15 a.m. in Courtroom 905 in the U.S. Courthouse, 40 Centre Street ; this action may be maintained as a class action, pursuant to Rule 23 of the FRCP for settlement purposes only, on behalf of a class (the "Settlement Class") defined as set forth in this Order . ( signed by Judge Victor Marrero ) (kkc) (Entered: 10/23/2002)

10/23/2002 162 ORDER; that counsel for plaintiffs in 98cv5686 and 99cv2292, supply the court with a basis for their proposed allocation of expenses and, if necessary, expense reports with more detailed apportionment and itemizations than those already submitted . ( signed by Judge Victor Marrero ); Copies Faxed by Chambers. (kkc) (Entered: 10/28/2002)

10/29/2002 163 Letter filed by Phyllis Rosen addressed to Judge Marrero from Daniel A. Osborn, dated 10/25/02, re: plaintiffs' counsel explanation of the basis for the allocation of their expense requests. (kw) (Entered: 10/30/2002)

10/29/2002 164 FINAL ORDER AND JUDGMENT, that the Court certifies the Litigation against Settling defendants as a class action pursuant to FRCP 23 for the purpose of settlement on behalf of a class consisting of all persons or entities as further set forth. 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 aas further set forth. The Court awards Attorneys' fees and reimbursement of expenses to Lead Plaintiffs' counsel in the amount of $85,000.00 as further set forth. The Court retains jurisdiction to effectuate the terms of the Partial Settlement and over all matters related to the Partial Settlement. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal. Entered On Docket: 10/31/02. (tp) (Entered: 10/31/2002)

10/29/2002 Case closed. (tp) (Entered: 10/31/2002)

11/08/2002 Received returned mail re: [164-1] judgment order and notice of appeal. Mail was addressed to Russell H. Beatie at Beatie and Osborn, 599 Lexington Avenue, New York, NY 10022, and was returned for the following reason(s): Forwarding Order Expired. (tp) (Entered: 11/12/2002)

11/08/2002 Received returned mail re: [164-1] judgment order and notice of appeal. Mail was addressed to Daniel Adam Osborn at Beatie and Osborn, 599 Lexington Avenue, New York, NY 10022, and was returned for the following reason(s): Forwarding Order Expired. (tp) (Entered: 11/12/2002)

12/03/2002 165 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of 10/18/02. (pl) (Entered: 12/03/2002)

01/09/2003 166 MEMORANDUM OF LAW by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of Joint Application for an Award of Attorneys' fees. (tp) (Entered: 01/17/2003)

01/09/2003 167 MEMORANDUM OF LAW by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of Proposed Settlements and Reimbursement of Expenses. (tp) (Entered: 01/17/2003)

01/09/2003 168 DECLARATION of Daniel A. Osborn by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of Application for (1) Final approval of partial settlements; (2) Approval of plans of allocation; and (3) an award of attorneys' fees. (tp) (Entered: 01/17/2003)

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) (Entered: 01/13/2003)

01/13/2003 169 AFFIDAVIT OF SERVICE of supporting papers of proposed as to Livent, Inc., Garth Drabinsky, Myron Gottlieb, Deloitte & Touche, H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman by hand on 1/7/03 . (moc) (Entered: 01/22/2003)

01/27/2003 170 AMENDED FINAL ORDER AND JUDGMENT FOR THE OUTSIDE DIRECTOR SETTLEMENT, amends: [164-1] judgment order. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal Entered On Docket: 1/29/03. (tp) (Entered: 01/29/2003)

01/27/2003 171 ORDER AND FINAL JUDGMENT: this action may be maintained as a class action, pursuant to Rule 23 of the FRCP for settlement purposes only on behalf of a class (the "settlement Class") as set forth in this document. The Second Amended Consolidated Class Action Complaint in this Action (the "Consolidated Complaint") and all other complaints previously filed by any of the plaintiffs in this Action are dismissed on the merits and with prejudice as to Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities Corp. (collectively, "CIBC" or the "Settling Defendants"), with each party to bear his, her or its own costs, except as otherwise provided in the Stipulation. ( signed by Judge Victor Marrero ); Mailed copies and notice of right to appeal. Entered On Docket: 1/30/03. (kw)

(Entered: 01/30/2003)

02/06/2003 172 Memo-Endorsement on letter addressed to Judge Marrero from H. Adam Prussin, dated 2/5/03: Defendants other than Deloitte & Touche who may have a response to the request set forth herein shall address it to the Court by 2/10/03. In the event no objection is received the request shall be granted . ( signed by Judge Victor Marrero ); Copies faxed by Chambers. (tp) (Entered: 02/10/2003)

02/07/2003 Received returned mail re: [170-1] judgment order and notice of appeal. Mail was addressed to Russell H. Beatie at Beatie and Osborn, 599 Lexington Avenue, New York, NY 10022, and was returned for the following reason(s): Not deliverable as addressed. Unable to Forward. (tp) (Entered: 02/10/2003)

02/19/2003 173 STIPULATION and ORDER issues in the shareholder action, In re Livent, Inc Sec. Litig., 98 cv 686 shall be completed by 03/15/03 ; Defendants' opposition, if any, to plaintiffs' motion for class certification shall be filed thirty days after the defendants' receipt of the transcript of the last deposition of plaintiffs' proposed class representatives; Plaintiffs' reply, if any, shall be filed thirty days after receipt of defendants' opposition; Fact discovery in the captioned matters shall be completed by 06/30/03; Summary judgment motions may be filed at any time up until forty-five days after receipt of the transcript from the last expert deposition ( signed by Judge Victor Marrero ) (djc) Modified on 02/26/2003 (Entered: 02/26/2003)

03/04/2003 174 Transcript of record of proceedings before Judge Victor Marrero for the date(s) of January 10, 2003. (dt) (Entered: 03/04/2003)

03/04/2003 175 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 ) (jco) (Entered: 03/05/2003)

03/07/2003 176 REPORT AND RECOMMENDATIONS of Magistrate Judge Douglas F. Eaton; I recommend that Judge Marrero (a) sign the attached Letter Rogatory and the attached Commission, and (b) order that they be issued to the Ontario Superior Court of Justice. Objections to R and R due by 3/21/03. (pl) Modified on 03/12/2003 (Entered: 03/11/2003)

03/19/2003 177 NOTICE OF MOTION by Phyllis Rosen; 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 Report in this case . Return Date not indicated. (jco) (Entered: 03/21/2003)

03/31/2003 178 MEMORANDUM AND ORDER, on 3/28, I held a telephone conference re the 3/24 joint letter from Mr. Wu and from Mr. Osborn and documents are to be produced as further set forth in this document ( signed by Judge Victor Marrero ); copies sent by Chambers (cd) (Entered: 04/01/2003)

04/08/2003 179 ORDER/Commission; Richard H. Baker being duly appointed is hereby authorized at a certian day and place or certain days and places to be apointed by you to casuse KPMG and KPMG Investiations andSEcurity, Inc to come before you and then and there produce a copy of the KPMG Report as specified herein ; ( signed by Judge

Victor Marrero ); (djc) (Entered: 04/08/2003)

07/01/2003 180 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/Part I ); (kw) (Entered: 07/02/2003)

07/10/2003 181 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 ) (sb) (Entered: 07/10/2003)

08/11/2003 182 CERTIFICATE OF SERVICE of Memorandum of Law of Defendant Deloitte & Touche in Opposition to plaintiffs' Proposed Certification of Barry Kasman, Charles Silva and Leaon Frazer as Subclass Representatives and the Declaration of Lee G. Dunst, dated 8/11/03 by Overnight Mail on 8/11/03. (Received in night deposit box on 8/11/03, at 7:33 p.m.) (tp) Modified on 08/13/2003 (Entered: 08/13/2003)

08/11/2003 183 MEMORANDUM OF LAW by Deloitte & Touche in opposition to plaintiffs' proposed certification of Barry Kasman, Charles Silva and Leon Frazer as subclass representatives. (Received in night deposit box on 8/11/03, at 7:33 p.m.) (tp) (Entered: 08/13/2003)

08/11/2003 184 DECLARATION of Lee G. Dunst by Deloitte & Touche in opposition to plaintiffs' proposed certification of Barry Kasman, Charles Silva and Leon Frazer & Associates as representatives for their subclass claim against D&T Canada. (Received in night deposit box on 8/11/03, at 7:33 p.m.) (tp) (Entered: 08/13/2003)

08/11/2003 185 APPENDIX by Deloitte & Touche of unreported authorities in support of defendant D&T Chartered Accountants' motion in opposition to plaintiffs' proposed certification of Barry Kasman, Charles Silva and Leon Frazer as subclass representnatives. (Received in night deposit box on 8/11/03, at 7:33 p.m.) (tp) (Entered: 08/13/2003)

09/03/2003 186 Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 08/28/03; Re: counsel requests that the Court briefly stay metits depositions pending a resolutiion of plaintiffs' motion for subclass certification; Request Denied. The Court is not persuaded that the reasons set forth herein to stay the merits depositions pending such class certification are sufficiently compelling. The briefing schedule has long been to the parties. Extensive stays have already been permitted, Any additional delay will not advance resolution of the case and will prejudice the parties unduly ; ( signed by Judge Victor Marrero ); copies faxed by Chambers; (djc) (Entered: 09/11/2003)

09/09/2003 188 AFFIDAVIT of Candace L. Preston by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of Plaintiffs' Motion for Certification

of Barry Kasman, Charles Silva and Leon Frazer as Subclass Representatives; w. Appendix. (djc) (Entered: 09/12/2003)

09/09/2003 189 REPLY MEMORANDUM of LAW by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Rubin, Martin Pizzuti, David Milton, Steven Friedland, Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of Class Certification; (djc) (Entered: 09/12/2003)

09/11/2003 187 Memo-Endorsement on letter addressed to Judge Marrero from Daniel A. Osborn, dated 9/9/03. Request Granted. Plaintiffs' reply brief in connection with the motion for class certification therein may extend to 14 pages . ( signed by Judge Victor Marrero ); Copies faxed by chambers. (kw) (Entered: 09/12/2003)

10/21/2003 190 Memo-Endorsement on letter addressed to Judge Marrero from Murielle J. Steven, dated 10/17/03; the Court directs any party who objects to the request herein to respond by 10/24/03. In the event no timely opposition is filed. The application shall be demeed approved. ( signed by Judge Victor Marrero ); Orig. doc. faxed by Chamber. (sac) (Entered: 10/23/2003)

10/27/2003 191 Memo-Endorsement on letter addressed to Judge Marrero from Daniel A. Osborn, dated 10/24/03, set settlement conference for 9:15 10/31/03 ( signed by Judge Victor Marrero ); copies sent by Chambers (cd) (Entered: 10/29/2003)

10/31/2003 192 ORDER APPROVING NOTICE AND SCHEDULING HEARING; The Court preliminarily certifies the litigation against the settling defendant as a class action pursuant to F.R.C.P. 23 for the purpose of this settlement on behalf of a class consisiting of all persons or entities, including United States and non-Untied States citizens and residents, who purchased Livent, Inc. ("Livent") common stock ("Livent Stock"), including all Livent common stock traded on the NASDAQ and/or Toronto Stock Exchange, beginning on 3/5/96 and concluding on 8/10/98 (the "Class Period") and who suffered damages, but not including Defendants, members of the immediate families of Defendants, any entity in which any defendant has or had a controlling interest, directors and officers of Livent, and the leagal representatives, heirs, successors, and assigns of any of these persons or entities (the "Class"). The Court will hold a settlement hearing (the "Settlement Hearing") on 12/19/03 in courtroom 905, 40 Centre Street . ( signed by Judge Victor Marrero ) (jco) (Entered: 11/04/2003)

10/31/2003 194 Memorandum to Docket Clerk: that a pretrial conference was held on 10/31/03 before Judge Marrero; preliminary settlement and proposed form of notice approved as to the dft. Deloitte & Touche; final settlement hearing set for 12/19/03 @12:00 p.m. . (pl) (Entered: 11/19/2003)

10/31/2003 PRETRIAL CONFERENCE held on 10/31/03 before Judge Victor Marrero . (pl) (Entered: 11/19/2003)

10/31/2003 Settlement Conference set on 12:00 12/19/03 before Judge Victor Marrero . (pl) (Entered: 11/19/2003)

11/03/2003 193 STIPULATION and ORDER MODIFYING SCHEDULING ORDER AND CASE MANAGEMENT PLAN: fact discovery due 1/29/04 . ( signed by Judge Victor Marrero ) (db) (Entered: 11/05/2003)

12/17/2003 196 MEMORANDUM OF LAW in Support re: [177] Motion for Miscellaneous Relief. Document filed by Rocco Carrano, Steven Friedland, Martin Grossman, Myron Harris, Jeff Housenbold, Khris Klimek, Daniel W. Krasner, Angeline Lombardo, David Milton, Jeffrey Parsons, Martin Pizzuti, Phyllis Rosen, Naomi Rubin, Theodore Rubin, Steve, Susan Stevens, David N. Stone, The Ruth Salit Trust, Steven Walsh. (tp, ) (Entered: 01/06/2004)

12/17/2003 197 MEMORANDUM OF LAW by plaintiffs in Support of application for an award of attorneys' fees and reimbursement of expenses. (tp, ) (Entered: 01/06/2004)

12/17/2003 198 DECLARATION of Daniel A. Osborn by plaintiffs in Support final approval of the settlement and plan of allocation, and application for award of attorneys' fees. (tp, ) (Entered: 01/06/2004)

12/22/2003 195 JUDGMENT in favor of plaintiff against defendant. (Signed by Judge Victor Marrero on 12/19/03) copies mailed by clerk's office.(Pecorino, Joseph) (Entered: 12/29/2003)

12/29/2003 Mailed notice of Right to Appeal re: [195] Judgment to Pro Se Litigant(s): CIBC Wood Gundy, Inc., Canadian Imperial Bank of Commerce, Garth Drabinsky, Gordon Eckstein, Myron Gottlieb, Livent, Inc., Maria Messina and to Attorney(s) of Record: Howard Owen Godnick, Lee S. Richards III, Mark J. Stein. (Pecorino, Joseph) (Entered: 12/29/2003)

02/02/2004 199 ENDORSED LETTER addressed to Judge Marrero from Muriel Steven dated 1/29/04; the parties are directed to submit any objections to the request herein by 2/6/04. In the event no objections are fld the request will be deemed approved. (Signed by Judge Victor Marrero on 1/30/04) copies sent by chambers(cd, ) (Entered: 02/06/2004)

02/09/2004 200 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) Copies Faxed by Chambers.(kkc, ) (Entered: 02/13/2004)

03/02/2004 201 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. (Signed by Judge Douglas F. Eaton on 3/1/04) (jco, ) (Entered: 03/05/2004)

03/05/2004 202 ORDER that the clerk of court is directed to record this order on the docket sheet for this action and to remove docket #'s 177 and 179 from the court's civil database of pending motions. (Signed by Judge Victor Marrero on 3/4/04) (dle, ) (Entered: 03/10/2004)

03/29/2004 203 STIPULATION AND ORDER MODIFYING SCHEDULING ORDER AND CASE MANAGEMENT, the Court's Scheduling Order and Case Management Plan entered 12/11/01, and modified on 2/14/03, 6/30/03, 11/17/03, and 1/29/04 is modified to the extent that fact-discovery in the above-captioned matters shall be

conpleted by 4/30/04. (Signed by Judge Douglas F. Eaton on 3/24/04) Filed In Associated Cases: 1:98-cv-05686-VM,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(dfe, ) (Entered: 03/30/2004)

04/20/2004 204 STIPULATION AND ORDER OF SETTLEMENT. Plaintiffs hereby agrees to dismiss the action with prejudice and hold Drabinsky and Gottlieb harmless from any claim asserted in the actions and Drabinsky and Gottlieb are hereby dismissed and held harmless, with respect to any claims made or that could have been made in the actions. Plaintiffs release and discharge Drabinsky and Gottlieb from all actions, causes of actions, suits, debts, sums of money, accounts, reckonings, bonds, bills, specialties, convenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extends, executions, claims and demands whatsoever, in law, admiralty or equity, against Drabinsky and Gottlieb which plaintiffs and plaintiffs' heirs, administrators, successors and assigns ever had, now have or hereafter can, shall or may have, for, upon, or by reason of any negligence, breach of contract misrepresentation or fraud, other civil, tort, or any other claim that was made or could have been made in the actions from the beginning of the world through the date of this stipulation. In exchange for plaintiffs dismissing Drabinsky and Gottlieb from the actions and releasing them from any liability, Drabinsky and Gottlieb agree that they will provide truthful written statements identifying, on an itemized basis, all of their assets and liabilities. Drabinsky and Gottlieb also agree to waive $18,954.01 in costs due to them arising out of the proceedings in Dorian King and Diane King et al. - and- KPMG et al., Court File No. 03-cv-004943. The plaintiffs in the actions and the plaintiffs in the proceedings In re Livent, Inc. Noteholders Litigation, 98cv7161 shall be jointly and severally liable for the remaining $18,954.01 in costs due. (Signed by Judge Victor Marrero on 4/19/04) Filed In Associated Cases: 1:98-cv-05686-VM,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(yv, ) (Entered: 04/21/2004)

11/06/2004 205 NOTICE of OF CHANGE IN FIRM NAME AND ADDRESS from Rabin, Murray & Frank LLP and Murray, Frank & Sailer LLP. Document filed by Jeff Housenbold. (pl, ) (Entered: 12/06/2004)

03/21/2005 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 (Orig filed in case no. 98 cv 7161 as doc. #249). (Signed by J. Michael McMahon, clerk on 3/21/05) (ml, ) (Entered: 03/25/2005)

03/29/2005 206 ORDER that defts are directed to respond to plntfs Motion for Approval Distribution of Settlement Funds by 4/1/05. In the event no tiemly response is received, the motions shall be deemed granted. (Signed by Judge Victor Marrero on 3/28/05) (cd, ) (Entered: 04/01/2005)

04/06/2005 207 ORDER approving distribution of Deloitte Settlement Funds to valid claimants, allowing late-filed claims, disallowing rejected claims, and allowing payment of additional settlement administration fees and expenses to the claims administrator. (Signed by Judge Victor Marrero on 4/5/05) (kw, ) (Entered: 04/11/2005)

04/06/2005 208 ORDER approving distribution of CIBC Settlement Funds to valid claimants, allowing late-filed claims, disallowing rejected claims, and allowing payment of additional settlement administration fees and expenses to the claims administrator. (Signed by Judge Victor Marrero on 4/5/05) (kw, ) (Entered: 04/11/2005)

04/07/2005 209 ENDORSED LETTER addressed to Judge Marrero from Daniel A. Osborn dated 3/31/05 re: Request Granted. The time for defendants to respond to the Court's Order dated 3/30/05 herein is extended to 4/6/05. (Signed by Judge Victor Marrero on 3/31/05) (djc, ) (Entered: 04/12/2005)

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