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US District Court Civil Docket as of 08/04/2005 Retrieved from the court on Thursday, November 08, 2007

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

CIVIL DOCKET FOR CASE #: 1:00-cv-02284-DLC-DCF

Cromer Finance, Ltd., et al v. Berger, et al Assigned to: Judge Denise L. Cote Referred to: Magistrate Judge Debra C. Freeman Demand: $0 Cause: 15:78m(a) Securities Exchange Act

Date Filed: 03/24/2000 Date Terminated: 09/06/2005 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Cromer Finance, Ltd. individually and on behalf of all others similarly situated

represented by Irena Sara Brobston Thelen Reid & Priest LLP 875 Third Avenue New York, NY 10022-6225 (212) 603-2000 LEAD ATTORNEY Jeffrey H. Squire Kirby, McInerney & Squire, L.L.P. 830 Third Avenue New York, NY 10022 (212) 371-6600 LEAD ATTORNEY Joanne M Cicala Kirby McInerney LLP 830 Third Avenue 10th Floor New York, NY 10022 (212) 317-2300 Fax: (212) 751-2540 Email: [email protected] LEAD ATTORNEY Mark A. Strauss Kirby McInerney LLP 830 Third Avenue 10th Floor New York, NY 10022 (212) 317-2300 Fax: 212-751-2540 Email: [email protected] LEAD ATTORNEY

Richard L. Stone Kirby McInerney LLP 830 Third Avenue 10th Floor New York, NY 10022 (212)-371-6600 Fax: (212)-751-2540 Email: [email protected] LEAD ATTORNEY Steven J. Shore Ganfer & Shore, LLP 360 Lexington Avenue, 14th Floor New York, NY 10017 212 922-9250 Fax: 212 922-9335 Email: [email protected] LEAD ATTORNEY Richard P. Swanson Thelen, Reid & Priest, L.L.P. 875 Third Avenue New York, NY 10022 (212) 603-2000 ATTORNEY TO BE NOTICED

V.

Defendant

Michael Berger TERMINATED: 03/23/2004

represented by Sara Mogulescu Morvillo, Abramowitz, Grand, Iason & Silberberg 565 Fifth Avenue New York, NY 10017 (212) 856-9600 TERMINATED: 04/23/2001 LEAD ATTORNEY

Defendant

Deloitte & Touche TERMINATED: 09/08/2000

Defendant

Fund Administration Services (Bermuda) Ltd.

TERMINATED: 10/07/2002

Defendant

Ernst & Young, L.L.P. TERMINATED: 09/08/2000

Defendant

John Does 1 through 100

Defendant

Bear Stearns Securities Corp. TERMINATED: 01/19/2001

represented by Adam J. Freedman Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY 10022 (212) 756-2000 Email: [email protected] TERMINATED: 01/19/2001 LEAD ATTORNEY Daniel J. Kramer Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY 10022 (212) 756-2000 Email: [email protected] TERMINATED: 07/30/2001 LEAD ATTORNEY Harry Simeon Davis Schwartz & Ballen LLP 1990 M Street Nw Suite 500 Washington, NY 20036 212-756-2222 Fax: 212-593-5955 Email: [email protected] TERMINATED: 07/30/2001 LEAD ATTORNEY

Defendant

Bear Stearns & Co., Incorporated TERMINATED: 07/30/2001

represented by Adam J. Freedman (See above for address) TERMINATED: 07/30/2001 LEAD ATTORNEY Daniel J. Kramer (See above for address)

TERMINATED: 07/30/2001 LEAD ATTORNEY Harry Simeon Davis (See above for address) TERMINATED: 07/30/2001 LEAD ATTORNEY

Defendant

Financial Administration Services (Bermuda), Ltd. TERMINATED: 07/30/2001

Movant

Mark Nichols represented by Mark W. Smith Kasowitz, Benson, Torres & Friedman, L.L.P. 1633 Broadway New York, NY 10019 (212) 506-1700 LEAD ATTORNEY

Movant

Manhattan Capital Management, Inc.

Movant

Manhattan Investment Fund, Ltd.

Plaintiff

Prival N.V. on behalf of themselves and all others similarly situated

represented by Irena Sara Brobston (See above for address) LEAD ATTORNEY Mark A. Strauss (See above for address) LEAD ATTORNEY Richard P. Swanson Thelen, Reid & Priest L.L.P. 40 West 57th Street New York, NY 10019 (212) 603-2000 LEAD ATTORNEY

V.

Defendant

Ernst & Young International TERMINATED: 06/06/2001

Defendant

Ernst & Young Bermuda TERMINATED: 10/07/2002

Defendant

Kempe & Whittle Associates Limited TERMINATED: 10/07/2002

Defendant

Deloitte & Touche (Burmuda) TERMINATED: 01/30/2004

represented by Michael John Dell Kramer Levin Naftalis & Frankel, LLP 1177 Avenue of the Americas New York, NY 10036 212-715-9129 Fax: 212-715-8000 Email: [email protected] LEAD ATTORNEY

Defendant

Deloitte Touche Tohmatsu TERMINATED: 01/30/2004

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 Mark Benjamin Holton Gibson, Dunn & Crutcher LLP (NYC) 200 Park Avenue, 48th Floor New York, NY 10166

2123513891 Fax: 2123515230 Email: [email protected] LEAD ATTORNEY

Defendant

Deloitte & Touche L.L.P. TERMINATED: 01/30/2004

represented by Timothy Harkness Kramer Levin Naftalis & Frankel, LLP 1177 Avenue of the Americas New York, NY 10036 LEAD ATTORNEY

Defendant

Bear Stearns & Co., Inc.

Defendant

Financial Asset Management, Inc. TERMINATED: 12/04/2002

represented by Martin I. Kaminsky Pollack & Kaminsky 114 West 47th Street New York, NY 10036 (212)575-4700 TERMINATED: 11/20/2001 LEAD ATTORNEY

Defendant

Ernst & Young International TERMINATED: 01/23/2003

Defendant

Bear Stearns Securities Corp.

Date Filed # Docket Text

03/24/2000 1 CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 370083. (bm) (Entered: 03/28/2000)

03/24/2000 2 RULE 1.9 CERTIFICATE filed by Cromer Finance, Ltd. . (bm) (Entered: 03/28/2000)

03/24/2000 CASE REFERRED TO Judge Cote. (bm) (Entered: 03/28/2000)

03/31/2000 Case accepted as related to 1:00cv 333. Notice of assignment to follow. (bm) (Entered: 04/03/2000)

03/31/2000 3 Notice of assignment to Judge Denise L. Cote . Copy of notice and judge's rules mailed to Attorney(s) of record: Joanne M. Cicala, Mark Allen Strauss, Richard L. Stone, Jeffrey H. Squire . (bm) (Entered: 04/03/2000)

04/07/2000 4 STIPULATION and ORDER, reset answer due for 5/19/00 for Bear Stearns Secur ( signed by Judge Allen G. Schwartz ) (cd) (Entered: 04/10/2000)

04/12/2000 5 Notice of Initial Pretrial Conference: Initial pre-trial conference set for 11:00 a.m. on 5/19/00 ( signed by Judge Denise L. Cote ) (cd) Modified on 04/13/2000 (Entered: 04/12/2000)

04/18/2000 6 Affidavit of service of true and complete copies of the Notice of Assignment and Local Rules by fax and prepaid first-class mail on 4/11/00; see attached list of parties served (ls) (Entered: 04/19/2000)

04/18/2000 7 Affidavit of service of true and complete copies of Notice of Initial Pretrial Conf. by fax and prepaid first-class mail on 4/11/00; see attached list of parties served (ls) Modified on 04/19/2000 (Entered: 04/19/2000)

04/24/2000 8 STIPULATION AND ORDER Extending Time; reset answer to the Class Action Complt. due for 5/19/00 for Deloitte & Touche ; this stipulation is w/o prejudice to, and Deloitte expressly reserves, all objections that it may have to the Class Action Complt., including w/o limitation, insufficiency of process, insufficiency of service of process and lack of personal jurisdiction ; ( signed by Judge Denise L. Cote ) (ls) (Entered: 04/25/2000)

05/15/2000 9 Memo-Endorsement on letter addressed to Judge Cote from John T. Behrendt, dated 5/11/00. Re: Lead counsel for deft Deloitte Touche Tohmatsu requests that his colleague have permission to participate in the status conference scheduled for 5/19/00 in his stead; or if this is not acceptable, that he could attend the conference during the week of May 29 or June 12. Conference is adjourned to 12:00 PM on 6/2/00 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 05/16/2000)

05/18/2000 10 NOTICE OF MOTION by Cromer Finance, Ltd.; for an order pursuant to section 21 D(a)(3)(B) of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00 ; for approval of its choice of lead counsel ; Return date: 6/16/00. (pl) (Entered: 05/19/2000)

05/18/2000 11 AFFIDAVIT of Mark A. Strauss by Cromer Finance, Ltd. in support Re: [10-1] motion for an order pursuant to section 21 D(a)(3)(B) of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00; [10-2] motion for approval of its choice of lead counsel. (pl) (Entered: 05/19/2000)

05/18/2000 12 MEMORANDUM OF LAW by Cromer Finance, Ltd. in support of [10-1] motion for an order pursuant to section 21 of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00, [10-2] motion for approval of its choice of lead counsel (pl) (Entered: 05/19/2000)

05/31/2000 13 STIPULATION and ORDER; reset answer due for 6/12/00 for Deloitte & Touche,

for Bear Stearns Secur, for Fund Admin. Svcs.; this stipulation is without prejudice to, and Defendants expresly reserve, all objections that they may have to the Class Action Complaint, including without limitation, insufficiency of process, insufficiency of srevice of process and lack of ; ( signed by Judge Denise L. Cote ) (pl) (Entered: 06/01/2000)

06/05/2000 14 Revised Order/Notice setting initial pre-trial conference for 2:30 7/14/00. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel ( signed by Judge Denise L. Cote ) (cd) (Entered: 06/06/2000)

06/05/2000 15 MEMORANDUM by Deloitte & Touche in response to: [10-1] motion for an order pursuant to section 21 D(a)(3)(B) of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00, [10-2] motion for approval of its choice of lead counsel . (jp) (Entered: 06/06/2000)

06/06/2000 16 STIPULATION AND ORDER: reset answer due for 6/28/00 for Deloitte & Touche, for Bear Stearns Secur, for Fund Admin. Svcs. ( signed by Judge Denise L. Cote ) (sac) (Entered: 06/08/2000)

06/13/2000 17 Affidavit of service as to Deloitte & Touche by Ms. Denne Carroll, Legal Dept. on 3/29/00. (sn) (Entered: 06/16/2000)

06/13/2000 17 Affidavit of service as to Bear Stearns Secur by Ms. Darya Geetter, Managing Director, on 3/28/00. (sn) (Entered: 06/16/2000)

06/19/2000 18 Affidavit of service as to Fund Admin. Svcs. by John Doe on 5/2/00. Answer due on 5/22/00 for Fund Admin. Svcs. (cd) (Entered: 06/20/2000)

06/28/2000 19 STIPULATION and ORDER, reset answer due for 7/10/00 for Bear Stearns & Co., for Bear Stearns Secur, for Deloitte & Touche, for Financial Administra ( signed by Judge Denise L. Cote ) (cd) (Entered: 06/29/2000)

07/10/2000 20 NOTICE OF MOTION by Bear Stearns Secur; for an order pursuant to FRCP 9(b) and 12(b)(6), dismissing the complaint as agaisnt Bear Stearns . Return date 8/4/00. (Affirmation of Adam J. Freedman attached in support) Filed in the Court's night deposit box on 7/10/00 at 8:38 p.m. (ri) (Entered: 07/11/2000)

07/10/2000 21 MEMORANDUM OF LAW by Bear Stearns Secur in support of [20-1] motion for an order pursuant to FRCP 9(b) and 12(b)(6), dismissing the complaint as agaisnt Bear Stearns. (Filed in the Court's night deposit box on 7/10/00 at 8:38 p.m.) (ri) (Entered: 07/11/2000)

07/10/2000 22 MEMORANDUM OF LAW by Deloitte & Touche in support of Deloitte Touche Tohmatsy's motion to dismiss the complaint. (ri) (Entered: 07/11/2000)

07/10/2000 23 NOTICE OF MOTION by Deloitte & Touche dismissing the actionpurs to FRCP 12(b)(6) with prejudice ; Return date 5/9/00. (cd) (Entered: 07/11/2000)

07/10/2000 24 AFFIDAVIT of Richard H. Murray by Deloitte & Touche in support of [23-1] motion dismissing the actionpurs to FRCP 12(b)(6) with prejudice . (pl) (Entered: 07/12/2000)

07/11/2000 25 RULE 1.9 CERTIFICATE filed by Bear Stearns Secur . (djc) (Entered:

07/17/2000)

07/12/2000 26 NOTICE OF MOTION by Fund Admin. Svcs.; for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 ; Return date not indicated. Declaration of Gregg L. Weiner in support of motion attached. (jp) Modified on 07/13/2000 (Entered: 07/13/2000)

07/12/2000 27 MEMORANDUM OF LAW by Fund Admin. Svcs. in support of [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . (jp) (Entered: 07/13/2000)

07/12/2000 28 AFFIDAVIT of Derek Stapley by Fund Admin. Svcs. in support of [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . (jp) (Entered: 07/13/2000)

07/12/2000 29 AFFIDAVIT of John McKenna by Fund Admin. Svcs. in support of [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . (jp) (Entered: 07/13/2000)

07/12/2000 30 RULE 1.9 CERTIFICATE filed by Fund Admin. Svcs. . (jp) (Entered: 07/13/2000)

07/19/2000 31 PRETRIAL SCHEDULING ORDER: Any amended complaint must be filed by 8/25/00. Defts' motion to be dismissed to be served by 9/15/00; opposition served by 10/6/00; reply served by 10/20/00. At the time any reply is served the moving party shall supply 2 courtesy copies of all motion papers to Chambers by delivering them to the Courthouse Mailroom, 8th Floor, 500 Pearl St. ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 07/19/2000)

07/24/2000 32 ORDER, defendants' request to stay discovery in Scotia Nominees v. Michael Berger, et al, No. 600320/00, an action in the Supreme Court is denied without prejudice to its being reinstated by formal motion, on notice to the plaintiffs in Scotia Nominees . ( Signed by Judge Denise L. Cote ). Copies mailed. (kw) (Entered: 07/25/2000)

08/04/2000 33 NOTICE OF MOTION by Bear Stearns Secur, Bear Stearns & Co. staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County ; Return date 8/25/00. (cd) (Entered: 08/08/2000)

08/04/2000 34 AFFIDAVIT of Daniel J. Kramer by Bear Stearns Secur, Bear Stearns & Co. in support of [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (cd) (Entered: 08/08/2000)

08/04/2000 35 MEMORANDUM OF LAW by Bear Stearns Secur, Bear Stearns & Co. in support of [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (cd) (Entered: 08/08/2000)

08/16/2000 36 MEMORANDUM OF LAW in opposition to [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (jp) (Entered: 08/17/2000)

08/16/2000 37 DECLARATION of Erach F. Screwvala in opposition Re: [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (jp) (Entered: 08/17/2000)

08/23/2000 38 PRETRIAL SCHEDULING ORDER: any amended complt. must be filed by 9/8/00; defts' motions to dismiss will be served by the dates indicated: motions served by 9/29/00; opposition served by 10/20/00; reply served by 11/3/00; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) Modified on 08/24/2000 (Entered: 08/24/2000)

08/23/2000 39 STIPULATION and ORDER; regarding procedures that will govern the handling of "Discovery Material" . ( signed by Judge Denise L. Cote ) (pl) (Entered: 08/24/2000)

08/28/2000 40 REPLY MEMORANDUM by Bear Stearns Secur, and Bear Stearns & Co. in further support of re: [33-1] motion staying all proceedings in Scotia v Michael Berger, pending in NYS Supreme Court, NY County. (kw) (Entered: 08/30/2000)

08/31/2000 Memo endorsed on motion; denying [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 08/31/2000)

08/31/2000 41 ORDER; Defendants' motion to stay proceedings in Scotia Nominees is denied ; (signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 08/31/2000)

09/08/2000 42 FIRST AMENDED COMPLAINT for violations of the Securities Laws and Pendent State Law Claims by Cromer Finance, Ltd., Prival N.V. (Answer due 9/21/00 for Financial Administra, for Bear Stearns & Co., for Bear Stearns Secur, for John Does 1 through 10, for Fund Admin. Svcs., for Michael Berger ) amending [1-1] complaint against Ernst & Young Int'l, Ernst & Young Bermuda, Kempe & Whittle Associates, Deloitte & Touche Burmuda, Deloitte Touche Tohmatsu, Deloitte & Touche LLP, Bear Stearns & Co., Financial Asset Management; Summons issued. (lam) (Entered: 09/11/2000)

09/08/2000 42 DEMAND for jury trial by Cromer Finance, Ltd., Prival N.V. (lam) (Entered: 09/11/2000)

09/19/2000 44 RULE 1.9 CERTIFICATE filed by Michael Berger . (sn) (Entered: 09/21/2000)

09/19/2000 45 ANSWER to Complaint by Michael Berger (Attorney Sara Mogulescu from the Firm: Morvillo Abramowitz, Grand, Iason & Silberberg, P.C.). (sn) (Entered: 09/21/2000)

09/20/2000 43 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 9/15/00. Re:, extending time of the discovery deadline for two weeks . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 09/21/2000)

09/27/2000 46 PRETRIAL SCHEDULING ORDER: document discovery on the issue of personal jurisdiction shall be completed by 10/20/00; any depositions shall be completed by 11/12/00; defts motions to dismiss will be served by 10/20/00, opposition served by 12/1/00 and reply served by 12/22/00. ( signed by Judge Denise L. Cote ); Copies mailed. (jp) Modified on 09/28/2000 (Entered: 09/28/2000)

09/27/2000 47 NOTICE OF AMENDMENT TO MOTION by Cromer Finance, Ltd. filed on

5/18/00; purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd. ; for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . No return date indicated. Affirmation of Mark Strauss in support attached. (sn) (Entered: 09/28/2000)

10/12/2000 48 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 8/21/00. (jp) (Entered: 10/12/2000)

10/12/2000 49 AMENDED RETURN OF SERVICE executed as to Financial Asset Man. by personal service on 9/15/00. Answer due on 10/5/00 for Financial Asset Man. . (pl) (Entered: 10/13/2000)

10/17/2000 50 Memo-Endorsement on letter addressed to Judge Cote from Mark B. Holton, dated 10/13/00; counsel for Deloitte Touche Tohmatsu writes to request permission to submit a single brief of no more than 30 pages in support of its motions to dismiss the amended complaint in this action as well as in action No. 00 cv 2498. Application granted . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 10/17/2000)

10/17/2000 51 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, atty for Deloitte & Touch (Bermuda), dated 10/16/00; granting counsel's request for leave to file a single brief of up to 40 pages in support of DT Bermuda's forthcoming motions to dismiss in Cromer and Argos (signed by Judge Denise L. Cote ); Copies mailed. (lam) (Entered: 10/18/2000)

10/19/2000 52 Memo-Endorsement on letter addressed to Judge Cote from Gregg L. Weiner, dated 10/18/00; granting counsel to defendants' request for leave to file a single brief of up to 40 pages ; (signed by Judge Denise L. Cote); Copies mailed. (djc) (Entered: 10/23/2000)

10/20/2000 53 This Document Was Filed Under Seal On 11/13/00. (lam) Modified on 11/13/2000 (Entered: 10/23/2000)

10/20/2000 54 RULE 1.9 CERTIFICATE filed by Deloitte & Touche Bu. (filed in night deposit on 10/20/00 @6:59pm) (lam) Modified on 10/23/2000 (Entered: 10/23/2000)

10/20/2000 55 This Document Was Filed Under Seal On 11/13/00. (lam) Modified on 11/13/2000 (Entered: 10/23/2000)

10/20/2000 56 NOTICE OF MOTION by Ernst & Young Int'l to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a) or, in the alternative, for summary judgment purs to Rule 56(c) . With affidavits in support of Paul J. Ostling and Richard A. Martin attached. Return date not indicated. (lam) (Entered: 10/23/2000)

10/20/2000 57 MEMORANDUM OF LAW by Ernst & Young Int'l in support of [56-1] motion to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a), [56-2] motion for summary judgment purs to Rule 56(c) . (lam) (Entered: 10/23/2000)

10/20/2000 58 RULE 56.1 STATEMENT filed by Ernst & Young Int'l (lam) (Entered: 10/23/2000)

10/20/2000 59 RULE 1.9 CERTIFICATE filed by Ernst & Young Int'l . (lam) (Entered: 10/23/2000)

10/20/2000 60 NOTICE OF MOTION by Deloitte Touche Tohm to dismiss the first amended complaints . Return date not indicated. (lam) (Entered: 10/23/2000)

10/20/2000 61 MEMORANDUM OF LAW by Deloitte Touche Tohm in support of [60-1] motion to dismiss the first amended complaints . (lam) (Entered: 10/23/2000)

10/20/2000 62 NOTICE OF MOTION by Bear Stearns Secur, Bear Stearns & Co. for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns . Return date 1/5/01. Affirmation of Adam J. Freedman in support attached. (sn) (Entered: 10/24/2000)

10/20/2000 63 MEMORANDUM OF LAW by Bear Stearns Secur, Bear Stearns & Co. in support of [62-1] motion for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns. (sn) (Entered: 10/24/2000)

10/20/2000 64 NOTICE OF MOTION by Deloitte & Touche LL for an order purs. to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action . No return date indicated. (sn) Modified on 10/24/2000 (Entered: 10/24/2000)

10/20/2000 65 AFFIDAVIT of Timothy P. Harkness by Deloitte & Touche LL in support of [64-1] motion for an order purs. to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action. (sn) (Entered: 10/24/2000)

10/20/2000 66 MEMORANDUM OF LAW by Deloitte & Touche LL in support of [64-1] motion for an order purs. to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action. (sn) (Entered: 10/24/2000)

10/24/2000 67 NOTICE OF MOTION by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP , and, alternatively, if the motion to dismiss is denied, for a more definite statement purs to FRCP 12(e) . With declaration in support of Gregg L. Weiner attached. Return date not indicated. (lam) (Entered: 10/25/2000)

10/24/2000 68 MEMORANDUM OF LAW by Ernst & Young Bermud in support of [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

10/24/2000 69 MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young in support of [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

10/24/2000 70 DECLARATION of Jan Spiering, managing partner of Ernst & Young Bermuda, and Director and Pres. of Fund Admin. Svcs., and Ernst & Young in support Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

10/24/2000 71 DECLARATION of Derek Stapley, principal of Ernst & Young Bermuda in support Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

10/24/2000 72 RULE 1.9 CERTIFICATE filed by Ernst & Young Bermuda. (lam) (Entered: 10/25/2000)

10/24/2000 73 RULE 1.9 CERTIFICATE filed by Ernst & Young . (lam) (Entered: 10/25/2000)

10/24/2000 74 ORDER; the application to extend DTT's time to oppose is granted nunc pro tunc to 10/26/00 for [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd.; reset to 10/26/00 for [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . Should DTT oppose the motion, any reply is due by 10/31/00 for [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd.; reset to 10/31/00 for [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 10/25/2000)

10/25/2000 75 RULE 1.9 CERTIFICATE filed by Financial Asset Man. (lf) Modified on 10/26/2000 (Entered: 10/26/2000)

10/25/2000 76 MEMORANDUM OF LAW by Financial Asset Man. in support of motion to dismiss. (lf) (Entered: 10/26/2000)

10/25/2000 79 NOTICE OF MOTION by Financial Asset Man.; for an order pursuant to Rule 12(b)(6) and (1) and 9(b) of the F.R.C.P. and 28 U.S.C. section 1367(c)(4), dismissing this action as against FAM ; w/ attch aff. in support by James B. Rader; Return date: not indicated. (pl) (Entered: 10/30/2000)

10/26/2000 77 MEMORANDUM OF LAW by Deloitte Touche Tohm in opposition to amended [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action. (lam) (Entered: 10/30/2000)

10/26/2000 78 DECLARATION of Mark B. Holton, atty for Deloitte Touche Tohm in opposition Re: [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . (lam) (Entered: 10/30/2000)

11/01/2000 80 DECLARATION of Steven S. Honigman by Cromer Finance, Ltd. in support Re: [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . (djc) (Entered: 11/02/2000)

11/01/2000 81 REPLY MEMORANDUM of LAW by Cromer Finance, Ltd. in Support [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action (djc) (Entered: 11/02/2000)

11/02/2000 82 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, atty for pltffs, dated 10/31/00; pltffs' reply to response to motion reset to 11/1/00 for their amended [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act 1934, as amended by the Private Securities Litigation Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd.; reset to 11/1/00 for [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action ( signed by Judge Denise L. Cote ) Copies mailed. (lam) (Entered: 11/03/2000)

11/02/2000 83 AMENDED CERTIFICATE OF SERVICE of Reply memorandum of law in support of amended motion for lead pltffs and for designation of lead counsel, filed by Cromer Finance, Ltd. . (sn) (Entered: 11/06/2000)

11/02/2000 84 CERTIFICATE OF SERVICE of declaration of Steven S. Honigman, filed by Cromer Finance, Ltd. (sn) (Entered: 11/06/2000)

11/06/2000 85 ORDER; granting [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., granting [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . (

signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 11/06/2000)

11/06/2000 Memo endorsed on motion doc. #47; granting plaintiff's amendment to motion for appointment as lead plaintiffs and for designation of lead counsel . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 11/08/2000)

11/14/2000 86 Affidavit of service as to Kempe & Whittle Ass. by Denis Quigley on 10/17/00. (sac) (Entered: 11/15/2000)

11/14/2000 87 Affidavit of service as to Ernst & Young Bermud by Denis Quigley on 10/17/00. (sac) (Entered: 11/15/2000)

11/28/2000 88 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 11/21/00, denying plntf's request to extend time for submission of plntfs' opposition to motions to dismiss to 12/22/00 and defts' replies to 2/2/01 ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 11/29/2000)

12/04/2000 89 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/04/2000)



12/04/2000 92 Affidavit of service re Plntf's Memo of Law in Opposition to Defts' Motion to Dismiss et al by mail on 12/4/00 . (cd) (Entered: 12/06/2000)

12/07/2000 93 MEMORANDUM OF LAW by Financial Asset Man. in support of [79-1] motion for an order pursuant to Rule 12(b)(6) and (1) and 9(b) of the F.R.C.P. and 28 U.S.C. section 1367(c)(4), dismissing this action as against FAM . (cd) (Entered: 12/08/2000)

12/11/2000 94 ORDER; the Stipulation and Order of 8/22/00 is modified in the 3rd line of par. 12 to read as follows: "...Discovery Materials or information derived therefrom, any pages containing or making..." . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 12/12/2000)

12/13/2000 95 Affidavit of service of affidavits in opposition to defts' motion to dismiss; declaration of Quentin Byrne-Sutton; corrected exhibits of deposition of Ian Spiering; pltffs' memorandum of law in opposition to defts' motion to dismiss; and pltffs' memorandum of law in opposition to defts' motion to dismiss (redlined), on 12/13/00. (sn) (Entered: 12/14/2000)

12/13/2000 96 SEALED DOCUMENT placed in vault. (da) (Entered: 12/14/2000)




01/08/2001 100 Memo-Endorsement on letter addressed to Judge Cote from Mark B. Holton, dated 1/5/01; granting counsel for deft's request for leave to submit one thirty page brief in reply to the separate briefs of the Argos and Cromer pltffs in opposition to DDT's motion to dismiss ; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) Modified on 01/09/2001 (Entered: 01/08/2001)

01/12/2001 101 REPLY MEMORANDUM by Deloitte & Touche in support of [60-1] motion to dismiss the first amended complaints. (sac) (Entered: 01/16/2001)

01/15/2001 102 REPLY MEMORANDUM by Bear Stearns Secur, Bear Stearns & Co. re: [62-1] motion for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns (cd) (Entered: 01/16/2001)

01/15/2001 103 REPLY MEMORANDUM by Bear Stearns Secur, Bear Stearns & Co. re: [60-1] motion to dismiss the first amended complaints (cd) (Entered: 01/16/2001)

01/16/2001 104 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 1/9/01; granting counsel for deft Deloitte & Touche (Bermuda)'s request for leave to file a single reply brief of up to 70 pages in support of DT Bermuda's motions to dismiss in this action and action number 00 cv 2498 . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 01/16/2001)

01/16/2001 105 Memo-Endorsement on letter addressed to Judge Cote from Manuel A. Mercader, dated 1/12/01; granting counsel for Ernst & Young's request for permission to submit a single reply brief of up to 30 pages in support of their motion to dismiss the amended complaint in this action . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 01/16/2001)

01/16/2001 106 REPLY MEMORANDUM by Deloitte & Touche Bu in support of re: Deloitte & Touche Bermuda's motion to dismiss the amended complaints. (pl) (Entered: 01/17/2001)

01/16/2001 107 DECLARATION of Narinder K. Hargun by Deloitte & Touche Bu Re: in response to the Declaration of Ian R.C. Kawaley dated 12/1/00. (pl) (Entered: 01/17/2001)

01/16/2001 108 DECLARATION of Gregory A. Horowitz by Deloitte & Touche Bu in further support of Re: motion to dismiss the Amended Complaints. (pl) (Entered: 01/17/2001)

01/16/2001 109 AFFIDAVIT of Richard A. Martin by Deloitte & Touche Bu Re: motion to dismiss the Amended Complaints. (pl) (Entered: 01/17/2001)

01/16/2001 110 REPLY MEMORANDUM by Ernst & Young Int'l in further support of re: [56-1] motion to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a), [56-2] motion for summary judgment purs to Rule 56(c) (pl) (Entered: 01/17/2001)

01/16/2001 116 REPLY MEMORANDUM by Ernst & Young Bermud in support of re: motion to dismiss the First Amended Complaint. (pl) (Entered: 01/17/2001)

01/16/2001 117 Memo-Endorsement on letter addressed to Judge Cote from Gregg L. Weiner, dated 1/11//01; granting GreggL. Weiner's requestto file a single reply brief of up to 40 pages on behalf of both FAS Bermuda and K&W in support of their motions to dismiss the Cromer Amended Complt., a separate reply brief of 15 pages or less on behalf of EY Bermuda in support of its motion to dismiss the Cromer Amended Complt., and a reply brief of 15 pages or less on behalf of FAS Bermuda in support of its motion to dismiss the Amended Complt. in the Argos action ; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) (Entered: 01/17/2001)

01/16/2001 118 Memo-Endorsement on letter addressed to Judge Cote from Daniel J. Kramer,

dated 01/09/01; granting counsel to deft., Bear Stearns Sec. Corp and Bear Stearns & Co., permission to file a single memorandum in support of Bear Stearns' motion to dismiss actions addressed to both sets of plaintiffs not to exceed 40 pages ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 01/17/2001)

01/16/2001 111 REPLY DECLARATION of Jan Spiering by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) Modified on 02/13/2001 (Entered: 02/13/2001)

01/16/2001 112 AFFIDAVIT of Paul J. Ostling by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) (Entered: 02/13/2001)

01/16/2001 113 REPLY MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) (Entered: 02/13/2001)

01/16/2001 114 REPLY DECLARATION of Gregg L. Weiner by Fund Admin. Svcs., Ernst Young, Ernst & Young Bermuda in support of Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) (Entered: 02/13/2001)

01/16/2001 115 DECLARATION of John E. Riihiluoma by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a definite statement purs to FRCP 12(e); also accompanied by Appendix of Bermuda Law Authorities. (ae) (Entered: 02/13/2001)

01/19/2001 Memo endorsed on motion; dismissing as moot [23-1] motion dismissing the action purs to FRCP 12(b)(6) with prejudice. Dismissed as moot in light of superceding motion of 10/20/00; ( signed Judge Denise L. Cote ); Copies mailed. (lf) (Entered: 01/22/2001)

01/19/2001 Memo endorsed on motion; dismissing as moot in light of superceding motion of 10/24/00 [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 01/22/2001)

01/19/2001 Memo endorsed on motion; dismissing, (as moot in light of superceding motion to 10/20/00), Bear Stearns' [20-1] motion for an order pursuant to FRCP 9(b) and 12(b)(6), dismissing the complaint as agaisnt Bear Stearns. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 01/22/2001)

01/22/2001 119 ORDER, that the documents or pages of certain documents as set forth in this order will be filed under seal; that the pages of certain documents as set forth in this order be publicly filed with the requested word or phrase redacted (these pages will be

filed under seal in unredacted form); this court reserves the right to unseal any of these documents, after further review of the parties' submissions on the motions to dismiss; that certain pages, which the parties requested be sealed in their entirety, will be filed publicly as set forth in this order; certain documents as set forth in this order will be filed publicly; the parties shall provide to the Court by 1/24/01, those documents or portions of documents which the court has designated to be filed under seal, taking special note of the variations between their submissions and the Court's order ; the parties shall file publicly by 1/24/01, all documents or portions of documents presented in connection with the pending motions to dismiss which have not been ordered sealed through this Order ( signed by Judge Denise L. Cote ); Copies mailed. (lam) Modified on 01/24/2001 (Entered: 01/23/2001)

01/23/2001 120 ORDER, that the proposed redactions for Swanson Affidavit Exhibits R and S will be preliminarily accepted for filing under seal; the parties shall provide to the Court no later than 1/24/01, a copy of these documents for filing under seal; the parties shall provide to the Court no later than 1/24/01, a copy of these documents for filing under seal; the Court reserves the right to unseal these documents, in part or in whole, after further review of the parties' submissions on the motions to dismiss ( signed by Judge Denise L. Cote ); Copies mailed; (also docketed in 00 cv 2498) (cd) Modified on 01/25/2001 (Entered: 01/24/2001)

01/24/2001 121 CERTIFICATE OF SERVICE filed by Jeffrey T. Lum. (jp) (Entered: 01/25/2001)

01/25/2001 122 NOTICE of change of address of counsel for Bear Stearns & Co., Bear Stearns & Co. (lam) (Entered: 01/29/2001)

01/26/2001 123 SEALED DOCUMENT placed in vault. (af) (Entered: 01/30/2001)






02/07/2001 129 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 2/6/01. Re: counsel for pltffs sumits the following sur-reply to assist the Court in analyzing the parties' contensions, and specifically the defts' reply papers w/ respect to defts motions to dismiss; This sur-reply is stricken except for the 2d to 4th paragraphs on page 7 ; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) Modified on 02/08/2001 (Entered: 02/08/2001)

02/22/2001 130 NOTICE OF MOTION by Deloitte & Touche Bermuda; for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction ; for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction ; for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted ; Return date not indicated. Affidvit of William A. Jack w/Exhibit, Declaration of Narinder K. Hargun in

support attached. (sac) Modified on 02/27/2001 (Entered: 02/27/2001)

02/26/2001 131 ORDER; by Orders of 1/19/01 and 1/23/01, this Court designated certain documents in this case as well as in 00 cv 2498 to be accepted for filing under seal. On 2/7/01 those documents were filed under seal. Counsel for pltffs represented to the Court that the filings of 2/7/01 rendered duplicative previous filings in this case. The Clerk of Court shall discard the following documents in this action as duplicative: Docket #53, #55, #89-91, and #96-98 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 02/27/2001)

03/06/2001 132 MEMORANDUM OF LAW by Deloitte & Touche Bu in support of [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction, [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction, and [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted. (kw) (Entered: 03/07/2001)

03/06/2001 133 ORDER; that the Cromer plaintiffs shall provide to this Court no later than 3/7/01 @5:00 p.m., the additional documents discussed in their letters of 3/1/01 & 3/2/01, accompanied by a letter no longer than five pages describing its relevance; that any defendant that has made a motion to dismiss pursuant to Rule 12(b)(2), F.R.C.P., may submit a letter no longer than five pages in opposition by 3/9/01 @5:00 p.m. Any reply, also limited to five pages, shall be due by 3/12/01, @5:00 p.m. . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) Modified on 03/15/2001 (Entered: 03/13/2001)

03/28/2001 134 Memo-Endorsement on letter addressed to Judge Cote from Richard P. Swanson, dated 3/26/01; Re: plaintiffs requests that the Court adjourn the date for oral argument from 4/12/01 @2:00 p.m. on the motions to dismiss the complaint; I regret that I must deny the request. Ordinarily this Court accomodates any such requests from counsel, but the court's own scheduling need prevent it from doing so here. Moreover, as the Copurt's Individual Practices require principal trial counsel to attend all conferences, and as the plaintiffs have been will represented at our conferences by counsel other than Mr. Swanson, the Court is confident that they will be will represented on April 12 by those other attorenys . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 03/29/2001)

04/13/2001 136 DECLARATION of Quentin Byrne-Sutton by Cromer Finance, Ltd., Prival N.V. Re: To address 2 questions of Swiss law relating to the legal status of entities organized as a "Verein" under Secs. 60 ff. of the Swiss Civil Code. (sn) (Entered: 04/19/2001)

04/13/2001 137 DECLARATION of Ian R.C. Kawaley by Cromer Finance, Ltd., Prival N.V., in response to the declaration of Narinder K. Hargun herein dated 10/19/00. (sn) (Entered: 04/19/2001)

04/13/2001 138 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in opposition to [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of

the FRCP for lack of personal jurisdiction; [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction; [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted. (sn) (Entered: 04/19/2001)

04/13/2001 139 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction; [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction; [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted. (sn) (Entered: 04/19/2001)

04/17/2001 135 OPINION AND ORDER #85473, granting [62-1] motion for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns; granting [56-1] motion to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a); granting [56-2] motion for summary judgment purs to Rule 56(c); granting [64-1] motion for an order purs. to F.R.C.P. 9(b) and 12(b)(6); granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action; granting [60-1] motion to dismiss the first amended complaints; the negligence and gross negligence claims are dismissed against Financial Asset Management, Inc. The federal claims and the claims of negligence, gross negligence, and professional malpractice are dismissed against Kempe & Whittle Associates Ltd ; denying [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction; denying [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction; denying [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted; denying [79-1] motion for an order pursuant to Rule 12(b)(6) and (1) and 9(b) of the F.R.C.P. and 28 U.S.C. section 1367(c)(4), dismissing this action as against FAM; denying [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and of the FRCP; denying [67-2] motion for a more definite statement purs to FRCP 12(e); denying [53-1] motion (placed under seal); [53-2] motion (placed under seal); denying [53-3] motion (placed under seal); the parties shall have ten days in which to notify the Court why the analysis in this Opinion does not resolve the motions to dismiss the claims in the Argos Complaint (Case No. 00 civ. 2498) as well . ( signed by Judge Denise L. Cote ); Copies mailed. (ae) (Entered: 04/18/2001)

04/17/2001 140 NOTICE OF MOTION by Michael Berger; for Paul R. Grand to withdraw as attorney ; Return date not indicated. (djc) (Entered: 04/19/2001)

04/17/2001 141 AFFIRMATION of Paul R. Grand by Michael Berger in Support of [140-1] motion

for Paul R. Grand to withdraw as attorney; (djc) (Entered: 04/19/2001)

04/20/2001 142 SEALED DOCUMENT placed in vault. (rp) (Entered: 04/20/2001)

04/23/2001 Memo endorsed on motion; granting [140-1] motion for Paul R. Grand to withdraw as attorney ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 04/23/2001)

04/23/2001 143 ORDER; that Paul R. Grand and his law firm Morvillo, Abramowitz, Grand, Iason & Silberberg are relieved as counsel in this action. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 04/24/2001)

04/27/2001 144 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. ( signed by Judge Denise L. Cote ) (kg) (Entered: 04/30/2001)

04/27/2001 146 NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra Freeman. Please note that this is a reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Timothy P. Harkness, Richard P. Swanson, Mark Allen Strauss, Adam J. Freedman, Harry S. Davis, Daniel J. Kramer, Sara Mogulescu, Joanne M. Cicala, Richard L. Stone, Jeffrey H. Squire. (jco) (Entered: 05/01/2001)

04/30/2001 145 PRETRIAL SCHEDULING ORDER: the parties are instructed to contact the chambers of Mag. Judge Freeman no later than 6/15/01, in order to pursue settlement discussions under her supervision; the defendants shall submit a letter to this Court no later than 5/2/01, indicating who will serve as liaison counsel on behalf of the defendants; the parties shall submit to this Court as well as to the Chambers of Judge Helen Freeman a letter by 5/2/01, with proposals from all the parties for the coordination of discovery in these actions and the Scotia action; the plaintiffs shall file their amended complaints no later than 5/11/01. Defendants' answers or motions to dismiss shall be due no later than 6/1/01; any motion to dismiss based on forum non conveniens shall be made no later than 5/11/01. Opposition shall be due by 5/25/01. Any reply is due by 6/1/01; the parties shall submit to this Court no later than 6/18/01, a schedule of the depositions to be taken in these action; any motion practice regarding class certification in the Cromer matter should be fully submitted to this Court no later than 7/20/01. The parties should submit a letter to the Court no later than 5/25/01, indicating the date upon which any such motion shall be fully submitted; plaintiffs' indentification of experts and disclosures of expert testimony conforming to the requirements of Rule 26(a)(2)(B), FRCP, must occur by 10/19/01. Defendants' identification of experts anbd disclosure of expert testimony must occur by 11/2/01. All expert and fact discovery must be completed no later than 11/16/01; any summary judgment motion shall be filed no later than 12/21/01. Opposition shall be due 1/18/02. Any reply shall be due no later than 1/25/02. ( signed by Judge Denise L. Cote ); Copies mailed. (ae) (Entered: 05/01/2001)

04/30/2001 Deadline(s) updated: reset answer or motions to dismiss due for 6/1/01 for Financial Asset Man., for Bear Stearns & Co., for Deloitte & Touche LL, for Deloitte Touche Tohm, for Deloitte & Touche Bu, for Kempe & Whittle Ass., for Ernst & Young Bermud, for Ernst & Young Int'l, for Financial Administra, for

Bear Stearns & Co., for John Does 1 through 10, for Fund Admin. Svcs., for Michael Berger . (ae) (Entered: 05/01/2001)

04/30/2001 147 ORDER; that opposition to a motion for reconsideration of the Court's 4/17/01 Opinion shall be filed no later than 5/8/01. Any reply is due no later than 5/11/01; deft Deloitte Touche Bermuda's letter of 4/27/01, shall be treated as a motion for reconsideration and subject to the sxchedule set forth on this Order; any letter in opposition to the 4/27/01 letter of pltff Argos, no longer than 5 pages, must be received by this Court no later than 5/3/01 at 5:00 p.m. Any reply letter, also no longer than 5 pages, must be received no later than 5/7/01 at noon . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) Modified on 05/02/2001 (Entered: 05/02/2001)

05/01/2001 148 Letter filed by Deloitte & Touche addressed to Judge Cote from Michael J. Dell, dated 4/27/01; Re: counsel for DT Bermuda respectfully notifies the Court why DT Bermuda believes that (a) the analysis in that decision should not resolve DT Bermuda's motion to dismiss the Argos amended complaint, and (b) that should be granted. (sac) (Entered: 05/02/2001)

05/02/2001 149 NOTICE OF MOTION by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud; for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction ; Return date not indicated. (djc) (Entered: 05/03/2001)

05/02/2001 150 MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud in support of [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction. (docmt received in night dep on 05/02/01 at 5:26 p.m.) (djc) (Entered: 05/03/2001)

05/02/2001 151 NOTICE OF MOTION by Deloitte & Touche Bu for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion ; Return date not indicated. (djc) (Entered: 05/03/2001)

05/03/2001 154 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [151-1] motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion . (pl) (Entered: 05/10/2001)

05/04/2001 152 Letter filed by Deloitte & Touche addressed to Judge Cote from Mark B. Holton, dated 05/03/01; re: respone to Scott Berman's letter to the Court of April 27, 2001; (djc) (Entered: 05/08/2001)

05/07/2001 153 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 05/03/01; Re: counsel to Cromer Plaintiffs requests permission to file a response to the Ernst & Young Bermuda's motion for reconsideration on Monday, 05/14/01; counsel may submit a proposal for readjustment of the schedule for the

Rule 54(b) motion. Opposition to the 2 motions for reconsideration remains due 05/08 at 5:00 p.m.; Replies remain due 05/11 at 5:00 p.m. ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 05/09/2001)

05/11/2001 156 NOTICE OF MOTION by Deloitte & Touche Bermuda, for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens ; or in the alternative, for an order severing and dismissing the claims against DTB . Affidavit of William A. Jack is attached. Declaration of Saul Froomkin, Esq. is attached. No return date. (kw) (Entered: 05/15/2001)

05/11/2001 157 MEMORANDUM OF LAW by Deloitte & Touche Bu in support of [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, and [156-2] motion for an order severing and dismissing the claims against DTB. (kw) (Entered: 05/15/2001)

05/11/2001 162 REPLY MEMORANDUM by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction. (rec'd in the night deposit box on 5/11/01 at 5:46 p.m.) (sac) Modified on 05/16/2001 (Entered: 05/16/2001)

05/14/2001 155 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 5/10/01; granting Bear Stearns an extension of time to respond until 6/1/01 for [151-1] motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion, reset to 6/1/01 for [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction ; reply is extended until 6/8/01 for [151-1] motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion, reset to 6/8/01 for [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 05/14/2001)

05/14/2001 159 NOTICE OF MOTION by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens . No return date indicated. Declaration of Gregg L. Weiner in support attached. (sn) (Entered: 05/16/2001)

05/14/2001 160 MEMORANDUM OF LAW by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens. (sn) (Entered: 05/16/2001)

05/14/2001 161 REPLY MEMORANDUM by Deloitte & Touche in further support of [151-1]

motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion. (sn) (Entered: 05/16/2001)

05/14/2001 164 AFFIDAVIT of John Riililuoma by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud in support of [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens . (cd) (Entered: 05/17/2001)

05/14/2001 165 DECLARATION of Derek Stapley by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud in support Re: [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens . (cd) (Entered: 05/17/2001)

05/15/2001 158 OPINION and ORDER #85598; that for the reasons set forth in this Order, defendants [149-1] and [151-1] motions for reconsideration are denied. ( signed by Judge Denise L. Cote ); Copies mailed. (kkc) Modified on 05/16/2001 (Entered: 05/15/2001)

05/15/2001 163 ORDER; the motions made by Fund Administration Services (Bermuda) Limited and Deloitte Touche Bermuda that the Court's 4/17/01 Opinion with respect to thise entities should not similarly apply to the Argos Action are denied. Argos' motion that the 4/17/01 Opinion with respect to Deloitte Touche Tohmatsu should not similarly apply to the Argos action is denied . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 05/16/2001)

05/17/2001 166 ORDER, Argos' motion -- that the Court's 4/17/01 Opinion with respect to Bear Stearns & Co., Inc. and Bear Stearns Securities Corporation should not similarly apply to the Argos action -- is denied . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 05/18/2001)

05/17/2001 167 NOTICE OF MOTION by Deloitte & Touche for an order permitting an interlocutory appeal purs to 28 USC 1292 ; Return date not indicated (cd) (Entered: 05/21/2001)

05/17/2001 168 MEMORANDUM OF LAW by Deloitte & Touche in support of [167-1] motion for an order permitting an interlocutory appeal purs to 28 USC 1292 . (cd) (Entered: 05/21/2001)

05/25/2001 169 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens, [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (kkc) (Entered: 05/29/2001)

05/25/2001 170 AFFIDAVIT of Veronica E. Rendon by Cromer Finance, Ltd., Prival N.V. in opposition to [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens, [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (kkc) (Entered: 05/29/2001)

05/29/2001 171 AMENDED CERTIFICATE OF SERVICE of leter brief by hand on 5/25/01 on the parties listed on the attached service list. (djc) (Entered: 05/30/2001)

05/31/2001 172 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 4/11/01. (gmo) (Entered: 05/31/2001)




06/01/2001 176 MEMORANDUM OF LAW by Cromer Finance, Ltd. in opposition to [167-1] motion for an order permitting an interlocutory appeal purs to 28 USC 1292. (jp) (Entered: 06/05/2001)

06/01/2001 178 NOTICE OF MOTION by Deloitte & Touche for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint ; Return date 6/26/01. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

06/01/2001 179 MEMORANDUM OF LAW by Deloitte & Touche in support of [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

06/01/2001 180 AFFIDAVIT of William by Deloitte & Touche in support of [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. (re'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

06/01/2001 181 DECLARATION of Michael J. Dell by Deloitte & Touche in support Re: [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

06/01/2001 182 REPLY MEMORANDUM by Deloitte & Touche in support of re: [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

06/01/2001 183 Reply declaration of Michael J. Dell by Deloitte & Touche in support of [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.0 (sac) (Entered: 06/06/2001)

06/04/2001 177 SEALED DOCUMENT placed in vault. (wv) (Entered: 06/06/2001)

06/06/2001 Memo endorsed on motion; granted nunc pro tunc [64-1] motion for an order purs.

to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action ( signed by Judge Denise L. Cote ); Copies mailed; (forwarded orig. doc. to Judgment Clerk) (cd) (Entered: 06/07/2001)

06/06/2001 Memo endorsed on motion (doc.#130); denying nunc pro tunc motion dismissing for lack of jurisdiction . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 06/07/2001)

06/06/2001 Memo endorsed on motion; defendant Ernst & Young International's [56-1] motion to dismiss the amended complaint is granted; the [56-2] motion for summary judgment is moot. ( signed by Judge Denise L. Cote ); Copies mailed. (kkc) (Entered: 06/07/2001)

06/06/2001 Memo endorsed on motion (doc.#62); granting motion to dismiss nunc pro tunc . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 06/07/2001)

06/06/2001 Memo endorsed on motion, doc. #79; deft Financial Asset's motion to dismiss is denied nunc pro tunc. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 06/07/2001)

06/06/2001 Memo endorsed on motion (doc.#67); denied as to Ernst & Young Bermuda. Denied as to Fund Adminstration Services (Bermuda), Ltd. Granted as to Ernst & Young Services Ltd. on the federal claims and the claims of negligence gross negligence and negligent misrepresentation nunc pro tunc . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 06/07/2001)

06/06/2001 184 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 5/30/01; pltffs' response due by 6/1/01 for [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint ; DTB will file its reply on 6/11/01 for [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 06/07/2001)

06/06/2001 Memo endorsed on motion; granting [60-1] motion to dismiss the first amended complaints . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 06/08/2001)

06/06/2001 186 LETTER BRIEF concerning discovery issues, filed by Deloitte & Touche Bu. (jp) (Entered: 06/11/2001)

06/07/2001 185 COORDINATION AND PRETRIAL DISCOVERY ORDER, as set forth in this Order. ( signed by Judge Denise L. Cote ) (kkc) (Entered: 06/08/2001)

06/13/2001 187 NOTICE OF MOTION by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq. ; and, alternatively, for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f) ; Return date not indicated. (sac) (Entered: 06/14/2001)

06/13/2001 188 MEMORANDUM OF LAW by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst

& Young Bermud in support of [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

06/13/2001 189 REPLY MEMORANDUM by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in further support of re: [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

06/13/2001 190 Reply affidavit of John E. Riihiluoma by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

06/13/2001 191 Reply declaration of Gregg L. Weiner by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

06/15/2001 192 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Ontario Superior Court of Justice in Toronto, Canada requesting the examination of Tracy Missen as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) Modified on 06/18/2001 (Entered: 06/18/2001)

06/15/2001 193 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in support of [192-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Ontario Superior Court of Justice in Toronto, Canada requesting the examination of Tracy Missen as a witness on oral examination. (kkc) (Entered: 06/18/2001)

06/15/2001 194 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Simon Turner as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) (Entered: 06/18/2001)

06/15/2001 195 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in

support of [194-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Simon Turner as a witness on oral examination. (kkc) (Entered: 06/18/2001)

06/15/2001 196 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Auckland, New Zealand, requesting the examination of Mark Talbot as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) (Entered: 06/18/2001)

06/15/2001 197 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in support of [196-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Auckland, New Zealand, requesting the examination of Mark Talbot as a witness on oral examination. (kkc) (Entered: 06/18/2001)

06/15/2001 198 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Karen Gigg as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) (Entered: 06/18/2001)

06/15/2001 199 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in support of [198-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Karen Gigg as a witness on oral examination. (kkc) (Entered: 06/18/2001)

06/15/2001 202 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an order purs to 28 U.S.C. section 1781 and FRC Pro. 28(b) issuing letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Amanda Forbes as a witness on oral exam and authorizing that the examination be videotaped at the plaintiffs' request because such examination will be conducted for trial pruposes and not simply for discovery purposes ; Return date 6/22/01. Attached is affidavit of RIchard P. Swanson in support. (djc) Modified on 07/23/2001 (Entered: 07/23/2001)

06/18/2001 200 Letter Brief filed by Deloitte & Touche concerning depositions. (sac) (Entered: 06/19/2001)

06/18/2001 203 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V. for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 . Return date 7/20/01. (sn) (Entered: 06/21/2001)

06/18/2001 204 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (sn) (Entered: 06/21/2001)

06/19/2001 201 LETTER BRIEF by Deloitte & Touche concerning plaintiffs' request for letters rogatory. (kw) (Entered: 06/20/2001)

06/19/2001 205 ORDER; discovery of the absent class members in the Cromer action and of all of the plaintiffs in the Argos action on the isses of reliance and damages, will not be conducted during the period ending November 16, 2001, with the exception noted below. All other fact discovery shall be concluded by 11/16/01 and the parties shall appear for a pretrial conference on 11/16/01 at 2:00 p.m.; plaintiffs in each action, including each absent class member, shall provide to defendants by 08/17/01, a damages calculation and sufficient documents to support such calculation; in connection with the discovery to occur prior to November 16, 2001, the plaintiffs in the Cromer and Argos actions are presumptively and jointly limited to 20 depositions, and the defendants in the Cromer and Argos actions are presumptively and jointly limited to 20 depositions ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 06/25/2001)

06/20/2001 206 LETTER BRIEF by Deloitte & Touche re: discovery issues. (pl) (Entered: 06/25/2001)

06/21/2001 207 Memo-Endorsement on letter addressed to Judge Cote from Richard P. Swanson, dated 6/19/01; granting counsel for the parties request that the parties will respond to the pending [178-1], [156-1,2] motions to dismiss by 6/25/01 , also granting the request that the parties have until 7/13/01 to reply to their pending [178-1], [156-1,2] motions to dismiss . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 06/25/2001)

06/21/2001 209 Letter filed by Steven S. Honigman addressed to Judge Cote, dated 6/20/01; Re: counsel agrees for the purpose of this action all of the investors who are members of the class are sophisticated investors. (sac) (Entered: 06/27/2001)

06/25/2001 208 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint . (djc) (Entered: 06/26/2001)

06/25/2001 210 MEMORANDUM OF LAW by Cromer Finance, Ltd. in opposition to [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (rec'd in the night deposit box on 6/25/01 at 6:41 p.m.) (sac) (Entered: 06/28/2001)

07/09/2001 211 Memo-Endorsement on letter addressed to counsel for the parties from Magistrate Judge Freeman, dated 7/9/01; this will confirm that a settlement conference is scheduled for 7/26/01 at 10:00 a.m. before Magistrate Judge Freeman in Courtroom 102, 40 Foley Square . ( signed by Magistrate Judge Debra C. Freeman ); Copies mailed. (kkc) (Entered: 07/09/2001)


07/11/2001 213 MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in opposition to [203-1] motion for an order purs. to

F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/12/2001)

07/11/2001 214 DECLARATION of Gregg L. Weiner by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in opposition to: [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/12/2001)

07/13/2001 215 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 7/12/01; granting counsel for pltff's request for an extension of time to submit their reply papers until 7/23/01 for [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 07/16/2001)

07/13/2001 216 REPLY MEMORANDUM by Deloitte & Touche re: [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint (cd) (Entered: 07/18/2001)

07/13/2001 217 Reply declaration of Michael Dell by Deloitte & Touche in support of [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint (cd) (Entered: 07/18/2001)

07/16/2001 218 REPLY MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in support of: [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (kkc) (Entered: 07/18/2001)

07/16/2001 219 REPLY DECLARATION of Robert R. Viducich by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in support of: [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (kkc) (Entered: 07/18/2001)

07/18/2001 220 ORDER, granting [192-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Ontario Superior Court of Justice in Toronto, Canada requesting the examination of Tracy Missen as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

07/18/2001 221 ORDER, granting [194-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Simon Turner as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

07/18/2001 222 ORDER, granting [196-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Auckland, New Zealand, requesting the examination of Mark Talbot as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

07/18/2001 223 ORDER, granting [198-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Karen Gigg as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

07/18/2001 224 ORDER, granting [202-1] motion for an order purs to 28 U.S.C. section 1781 and FRC Pro. 28(b) issuing letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Amanda Forbes as a witness on oral exam, granting [202-2] motion authorizing that the examination be videotaped at the plaintiffs' request because such examination will be conducted for trial pruposes and not simply for discovery purposes. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

07/20/2001 225 MEMORANDUM OF LAW by Deloitte & Touche Bermuda in opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/23/2001)

07/20/2001 226 DECLARATION of Michael J. Dell by Deloitte & Touche Bermuda in opposition to: [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. Appendix volumes 1 & 2 attached. (kkc) (Entered: 07/23/2001)

07/20/2001 227 AFFIDAVIT of Stephen J. Katz by Deloitte & Touche Bermuda in opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/23/2001)

07/20/2001 228 AFFIDAVIT of William A. Jack by Deloitte & Touche Bermuda in opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/23/2001)

07/23/2001 229 DECLARATION of Quentin Byrne-Sutton by Cromer Finance, Ltd., Prival N.V.; (djc) (Entered: 07/24/2001)

07/23/2001 230 REPLY MEMORANDUM of LAW by Cromer Finance, Ltd., Prival N.V. re: in support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 (djc) (Entered: 07/24/2001)

07/23/2001 231 Reply affidavit of Veronica E. Rendon by Cromer Finance, Ltd., Prival N.V. in support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 (djc) (Entered: 07/24/2001)

07/24/2001 233 Letter filed by Deloitte & Touche addressed to Judge Cote from Michael J. Dell, dated 7/19/01, in support of deft Deloitte & Touche Bermuda's motion for relief from the presumptive 25-deposition limit and for other relief. (sn) (Entered: 07/26/2001)

07/24/2001 234 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an order pursuant to 28 U.S.C. section 1781 and F.R.C.P. 28(b), issuing letters rogatory directed to the High Court of Justice, Queen's Bench Division, London, United Kingdom, requesting the examination of David Rathbone as a witness on oral examination on the ground that this is an action that is for, among other things, securities fraud and is pending and undetermined in this court, and that David Rathbone, without who testimooney justice cannot be completely done between and amoung the parties ; Return date: 8/2/01. (pl) (Entered: 07/30/2001)

07/24/2001 235 AFFIDAVIT of Veronica E. Rendon by Cromer Finance, Ltd., Prival N.V. in support of [234-1] motion for an order pursuant to 28 U.S.C. section 1781 and F.R.C.P. 28(b), issuing letters rogatory directed to the High Court of Justice, Queen's Bench Division, London, United Kingdom, requesting the examination of David Rathbone as a witness on oral examination on the ground that this is an action that is for, among other things, securities fraud and is pending and undetermined in this court, and that David Rathbone, without who testimooney justice cannot be completely done between and amoung the parties . (pl) (Entered: 07/30/2001)

07/24/2001 236 Request for International Judicial Assistance-Letters Rogatory. (pl) (Entered: 07/30/2001)

07/25/2001 232 AFFIDAVIT of Peter Henry Gross (djc) (Entered: 07/26/2001)

07/27/2001 238 LETTER BRIEF by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in support of motion for relief from the presumptive twenty-deposition limit and for other relief. (kkc) (Entered: 08/03/2001)

07/30/2001 239 SECOND AMENDED COMPLAINT by Cromer Finance, Ltd., Prival N.V. (Answer due 8/20/01 for Financial Asset Man., for Bear Stearns & Co., for Deloitte & Touche LL, for Deloitte Touche Tohm, for Deloitte & Touche Bu, for Kempe & Whittle Ass., for Ernst & Young Bermud, for John Does 1 through 100, for Fund Admin. Svcs., for Michael Berger amending [42-1] amended complaint against Ernst & Young Intl., Bear Stearns Secur.; Summons issued. (kkc) (Entered: 08/03/2001)


08/02/2001 243 REPLY LETTER BRIEF by Deloitte & Touche Bermuda in further support of their motion for relief from the presumptive tewnty-deposition llimit and for other relief. (tp) (Entered: 08/07/2001)

08/03/2001 240 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 6/7/01 @ 2:15 p.m. (rmo) (Entered: 08/03/2001)

08/03/2001 241 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 06/18/01. (yv) (Entered: 08/03/2001)

08/03/2001 242 ORDER, all discovery is stayed ( signed by Judge Denise L. Cote ); Copies mailed; (also docketed in 00 cv 2498) (cd) (Entered: 08/06/2001)

08/09/2001 244 ORDER; that the stay is lifted to the extent necessary to permit the pltffs to pursue the five Letters Rogatory. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 08/10/2001)

08/17/2001 245 OPINION & ORDER #85986, denying [167-1] motion for an order permitting an interlocutory appeal purs to 28 USC 1292 in both the Cromer and Argos actions. The similar motion by Fund Administration Services (Bermuda) Ltd in the Argos action is also denied ( signed by Judge Denise L. Cote ); Copies mailed; (also docketed in 00 cv 2498) (cd) (Entered: 08/20/2001)

08/17/2001 246 OPINION & ORDER #85987, the motions brought by Deloitte Touche Bermuda, Ernst & Young Bermuda, Fund Administration Services, and Kempe & Whittle Assoc to dismiss this action on the ground of forum non conveniens are denied ; the motion brought in the alternative by Deloitte Touche Bermuda to sever the claims against it and dismiss those claims on the ground of forum non conveniens is likewise denied ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 08/20/2001)

08/20/2001 247 NOTICE OF MOTION by Deloitte & Touche Bu for an order granting DTB relief from the twenty-deposiont limit imposed by the Court in its June 19,2001 order, etc. , permitting DTB to take full discovery of all named plaintiffs and absent class members in the Cromer action, and of all named plaintiffs in the Argos action,etc. . Return date not indicated. (rag) (Entered: 08/21/2001)

08/20/2001 248 DECLARATION of Michael J. Dell by Deloitte & Touche Bu in support Re: [247-1] motion for an order granting DTB relief from the twenty-deposiont limit imposed by the Court in its June 19,2001 order, etc., [247-2] motion permitting DTB to take full discovery of all named plaintiffs and absent class members in the Cromer action, and of all named plaintiffs in the Argos action,etc. . (rag) (Entered: 08/21/2001)

08/21/2001 249 LETTER BRIEF by Deloitte & Touche Bu moving to strike portions of the Cromer pltffs' reply memorandum of law and Rendon affidavit in further support of their motion for class certification. (sn) (Entered: 08/23/2001)

08/28/2001 252 NOTICE OF MOTION by Deloitte & Touche, for an order permitting an interlocutory appeal pursuant to 28 USC 1292(b) of this Court's 8/16/01 Opinion and Order ; for an order continuing the stay of discovery ; for an order expedited consideration of this motion . No Return date. (kw) (Entered: 08/31/2001)

08/28/2001 253 DECLARATION of Michael J. Dell by Deloitte & Touche in support Re: [252-1] motion for an order permitting an interlocutory appeal pursuant to 28 USC 1292(b) of this Court's 8/16/01 Opinion and Order, [252-2] motion for an order continuing the stay of discovery, [252-3] motion for an order expedited consideration of this

motion. (kw) (Entered: 08/31/2001)

08/28/2001 254 MEMORANDUM OF LAW by Deloitte & Touche in support of [252-1] motion for an order permitting an interlocutory appeal pursuant to 28 USC 1292(b) of this Court's 8/16/01 Opinion and Order, [252-2] motion for an order continuing the stay of discovery, [252-3] motion for an order expedited consideration of this motion. (kw) (Entered: 08/31/2001)

08/30/2001 250 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 7/25/01. (moc) (Entered: 08/30/2001)


08/31/2001 255 ORDER DIRECTING ISSUANCE OF LETTERS ROGATORY; this matter having come on for hearing upon the motion of pltffs for a letter rogatory for the examination of David Rathbone and it appearing that such a letter rogatory is appropriate, the Clerk of this Court shall issue the letter rogatory in the form attached to this Order . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 09/04/2001)

09/05/2001 256 ORDER; by Order dated 8/2/01, this Court stayed discovery in actions 00 cv 2284 and 00 cv 2498 pending resolution of the parties' pending motions. The Court having signed a 6th Letter Rogatory on 8/31/01, the stay is lifted to the extent necessary to permit pltffs to pursue their six Letters Rogatory . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 09/05/2001)

09/06/2001 257 DECLARATION of Michael J. Dell by Deloitte & Touche Bu in further opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (sn) (Entered: 09/10/2001)

09/06/2001 258 LETTER BRIEF in support of the FASB defendants' motion for an order permitting an interlocutory appeal of this Court's 8/16/01 opinion and order pursuant to 28 U.S.C. 1292(b) and for other relief. (tp) (Entered: 09/19/2001)

09/10/2001 Memo endorsed on motion; dismissing [247-1] motion for an order granting DTB relief from the twenty-deposiont limit imposed by the Court in its June 19,2001 order, etc., dismissing [247-2] motion permitting DTB to take full discovery of all named plaintiffs and absent class members in the Cromer action, and of all named plaintiffs in the Argos action,etc. as moot through 8/2/01 order staying discovery. ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 09/20/2001)

09/20/2001 259 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 09/13/01; granting counsel to defendant Deloitte & Touche Bermuda permission to file an amended version of his 09/06/01 declaration in further opposition to the Cromer plaintiffs' motion for class certification ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) Modified on 09/24/2001 (Entered: 09/20/2001)

09/20/2001 260 OPINION and ORDER #86099; denying [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint; The motion to dismiss brought by Fund

Administration Services (Bermuda) Ltd., Ernst & Young Bermuda, and Kempe & Whittle Associates Limited in the Cromer action is denied ; denying [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., denying [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 to the doctrine of forum non conveniens; The motion to dismiss brought by Fund Administration Services ( Bermuda) Ltd. in the Argos action is denied in part and granted in part ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) Modified on 09/24/2001 (Entered: 09/21/2001)

09/20/2001 261 DECLARATION of Michael J. Dell by Deloitte & Touche Bu in further opposition to cromer plaintiffs' motion for class certification. (tp) (Entered: 09/24/2001)

09/24/2001 262 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [252-1] motion for an order permitting an interlocutory appeal pursuant to 28 USC 1292(b) of this Court's 8/16/01 Opinion and Order, [252-2] motion for an order continuing the stay of discovery, [252-3] motion for an order expedited consideration of this motion. (sn) (Entered: 09/25/2001)

09/24/2001 263 REPLY DECLARATION of Michael J. Dell by Deloitte & Touche Bu in support of [252-1] motion for an order permitting an interlocutory appeal pursuant to 28 USC 1292(b) of this Court's 8/16/01 Opinion and Order, [252-2] motion for an order continuing the stay of discovery, [252-3] motion for an order expedited consideration of this motion. (sn) (Entered: 09/25/2001)

09/24/2001 264 REPLY MEMORANDUM by Deloitte & Touche Bu in support of [252-1] motion for an order permitting an interlocutory appeal pursuant to 28 USC 1292(b) of this Court's 8/16/01 Opinion and Order, [252-2] motion for an order continuing the stay of discovery, [252-3] motion for an order expedited consideration of this motion. (sn) (Entered: 09/25/2001)

09/26/2001 265 Memo-Endorsement on letter addressed to Judge Cote from Gregg L. Weiner, dated 09/24/01; Defendants' Response to motion reset to 10/17/01 for [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 ; Plaintiffs' Reply to Response to Motion reset to 10/25/01 for [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 ; Oral argument will be held on Thursday, 11/01/01 at 2:00 p.m. ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 09/26/2001)

09/26/2001 268 OPINION AND ORDER #86122, denying [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, denying [156-2] motion for an order severing and dismissing the claims against DTB . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 09/28/2001)

09/27/2001 Memo endorsed on motion; denying [252-1] motion for an order permitting an interlocutory appeal pursuant to 28 USC 1292(b) of this Court's 8/16/01 Opinion and Order, denying [252-2] motion for an order continuing the stay of discovery,

denying [252-3] motion for an order expedited consideration of this motion . ( signed by Judge Denise L. Cote ); Copies mailed. (tp) (Entered: 09/27/2001)

09/27/2001 266 REPLY MEMORANDUM in further support by Cromer Finance, Ltd., Prival N.V. re: [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 (cd) (Entered: 09/28/2001)

09/27/2001 267 SUPPLEMENTAL AFFIDAVIT in further support of Veronica Rendon by Cromer Finance, Ltd., Prival N.V. in support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 . (cd) (Entered: 09/28/2001)

10/09/2001 A telephone conference was held before Magistrate Judge Debra Freeman. Next telephone conference set for 10:00 a.m. on 11/29/01. (bai) (Entered: 10/15/2001)

10/12/2001 269 ORDER, the parties should show cause in writing no later than 10/19/01 at Noon why the listed Boden, Jack, Spiering, and Swanson documents should not now be unsealed ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 10/15/2001)

10/12/2001 Memo endorsed on motion doc. #159; denied per 8/16/01 opinion . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 10/16/2001)

10/12/2001 Memo endorsed on motion; denying as per 5/14/01 Opinion, [151-1] motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 10/16/2001)

10/15/2001 Settlement Conference set on 10:00 a.m. on 12/11/01 & 12/13/01 before Magistrate Judge Debra C. Freeman . (bai) (Entered: 10/15/2001)

10/25/2001 271 Reply affidavit of Veronica E. Rendon by Cromer Finance, Ltd., Prival N.V. in further support of of plaintiff Motion for Class Certification. (db) (Entered: 10/26/2001)

10/25/2001 272 Lead Plaintiffs' Post-Argument Supplemental REPLY MEMORANDUM of Law in further support by Cromer Finance, Ltd., Prival N.V. re: Motion for Class Certification. (db) (Entered: 10/26/2001)

10/25/2001 273 MEMORANDUM OF LAW by Deloitte & Touche Bu in further opposition to the Cromer Plaintiffs' Motion for Class Certification. (db) (Entered: 10/26/2001)

10/25/2001 270 STIPULATION and ORDER; the answers of the Defendants to the Cromer Second Amended Complaint and the Argos Third Amended Complaint shall be served and filed within twenty days of the date that the Cromer Plaintiffs' motion for class certification is decided; Defendants will not seek to stay discovery on the ground that their answers are not yet due (but reserve their right to do so on any other ground); all previous deadlines set by the Court in its April 27, 2001 and June 19, 2001, Orders, relating to the submission of expert reports, deadlines for completion of factual discovery, and submission of summary judgment motons, are hereby

suspended ; ( signed by Judge Denise L. Cote ) (djc) (Entered: 10/29/2001)

10/26/2001 275 LETTER BRIEF by Deloitte & Touche Bu in response to: [269-1] order the parties should show cause in writing no later than 10/19/01 at Noon why the listed Boden, Jack, Spiering, and Swanson documents should not now be unsealed, [269-2] relief (yv) (Entered: 10/29/2001)

10/26/2001 279 Letter Brief filed by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud addressed to Judge Cote from Gregg L. Weiner, dated 10/26/01, re: Order to Show Cause why certain documents that were fld under seal, should not now be unsealed (cd) (Entered: 10/30/2001)


10/29/2001 276 SUPPLEMENTAL MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 . (moc) (Entered: 10/30/2001)

10/29/2001 277 SUPPLEMENTAL DECLARATION of Gregg L. Weiner by Fund Admin. Svcs., Ernst Young Bermud, Kempe & Whittle Ass. in opposition Re: [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 . (moc) (Entered: 10/30/2001)

10/29/2001 278 AFFIDAVIT of Stephen J. Katz by Deloitte & Touche Bu in further opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (db) Modified on 10/30/2001 (Entered: 10/30/2001)



11/08/2001 282 Appendix of cases submitted by defendant Deloitte & Touche Bermuda in further opposition to the Cromer Plaintiffs' motion for class certification. (kw) (Entered: 11/14/2001)

11/28/2001 283 REPLY MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in further support of: [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 11/30/2001)

11/28/2001 284 Reply affidavit of Veronica E. Rendon by Cromer Finance, Ltd., Prival N.V. in further support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 11/30/2001)

11/29/2001 Telephone Conference held before Magistrate Judge Debra C. Freeman . (jp) (Entered: 12/13/2001)

11/29/2001 Telephone Conference set at 9:00 a.m. on 1/15/02 before Magistrate Judge Debra C. Freeman . (jp) (Entered: 12/13/2001)


12/12/2001 286 NOTICE OF MOTION by Deloitte Touche Tohm for a protective order prohibiting plaintiffs from (a) obtaining the discovery they seek in Request Nos. 22,35-37,42-43,47-57, 59-66,71-74, and 80 of the third-party subpoena served upon DTT by the plaintiffs on or about May 31, 2001, and (b) acting with the Chapter 11 Trustee for Manhattan Investment Fund Ltd. and Manhattan Capital Management, Inc. to obtain the same discovery in Bankruptcy Court . Return date 1/11/02. (yv) (Entered: 12/13/2001)

12/12/2001 287 MEMORANDUM OF LAW by Deloitte Touche Tohm in support of [286-1] motion for a protective order prohibiting plaintiffs from (a) obtaining the discovery they seek in Request Nos. 22,35-37,42-43,47-57, 59-66,71-74, and 80 of the third-party subpoena served upon DTT by the plaintiffs on or about May 31, 2001, and (b) acting with the Chapter 11 Trustee for Manhattan Investment Fund Ltd. and Manhattan Capital Management, Inc. to obtain the same discovery in Bankruptcy Court . (yv) (Entered: 12/13/2001)

12/12/2001 288 DECLARATION of Joseph Lambert by Deloitte Touche Tohm in support Re: [286-1] motion for a protective order prohibiting plaintiffs from (a) obtaining the discovery they seek in Request Nos. 22,35-37,42-43,47-57, 59-66,71-74, and 80 of the third-party subpoena served upon DTT by the plaintiffs on or about May 31, 2001, and (b) acting with the Chapter 11 Trustee for Manhattan Investment Fund Ltd. and Manhattan Capital Management, Inc. to obtain the same discovery in Bankruptcy Court . (yv) (Entered: 12/13/2001)

12/12/2001 289 DECLARATION of Mark B. Holton by Deloitte Touche Tohm in support Re: [286-1] motion for a protective order prohibiting plaintiffs from (a) obtaining the discovery they seek in Request Nos. 22,35-37,42-43,47-57, 59-66,71-74, and 80 of the third-party subpoena served upon DTT by the plaintiffs on or about May 31, 2001, and (b) acting with the Chapter 11 Trustee for Manhattan Investment Fund Ltd. and Manhattan Capital Management, Inc. to obtain the same discovery in Bankruptcy Court . (yv) (Entered: 12/13/2001)

12/18/2001 290 ORDER; when the stay of discovery is lifted in this action, and in action 00 cv 2498, the Court will address any discovery disputes arising in the actions currently proceeding before this Court that are in compliance with the rules governing such disputes, including the requirement that counsel meet and confer before presenting disputes to the Court . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 12/19/2001)

12/27/2001 291 OPINION AND ORDER #86396; granting [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 12/28/2001)

12/27/2001 295 Letter filed by Fund Admin. Svcs., Ernst & Young Bermud addressed to Honorable Denise Cote from Gregg L. Weiner, dated 12/21/01, re: settlement. (yv) (Entered: 01/04/2002)

12/28/2001 292 ORDER, the stay of discovery is lifted ; the parties shall appear at at conference to be held on 1/3/02 at 2:00 pm, at the US Courthouse, 500 Pearl St., NY NY in Courtroom 11B, to set a schedule for discovery ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 01/02/2002)

12/28/2001 293 ORDER; the following documents shall now be unsealed: Boden Deposition - Exhibit 88 in its entirety; Exhibit 94 in its entirety; Swanson Affidavit - Exhibit S in its entirety ; ( signed by Judge Denise L. Cote ); Copies mailed. (copy of docmt forwarded to sealed records clerk) (djc) Modified on 01/04/2002 (Entered: 01/02/2002)

01/03/2002 294 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 11/1/01. (kkc) (Entered: 01/03/2002)

01/09/2002 296 NOTICE OF MOTION by Deloitte & Touche Bu for an Order dismissing the Actions or, severing and dismissing the claims against DTB on the ground of forum non conveniens or, at a minimum, permitting an interlocutory appeal pursuant to 28 U.S.C. 1292(b) of the denial of renewal or of DTB's renewed motion for an interlocutory appeal and, expedited consideration of this motion . Return date not indicated. Received in night deposit box on 1/9/02 at 7:54 p.m. (yv) (Entered: 01/11/2002)

01/09/2002 297 DECLARATION of Saul M. Froomkin by Deloitte & Touche Bu Re: [296-1] motion for an Order dismissing the Actions, [296-2] motion severing and dismissing the claims against DTB on the ground of forum non conveniens, [296-3] motion permitting an interlocutory appeal pursuant to 28 U.S.C. 1292(b) of the denial of renewal or of DTB's renewed motion for an interlocutory appeal, [296-4] motion expedited consideration of this motion . Received in night deposit box on 1/9/02 at 7:55 p.m. (yv) (Entered: 01/14/2002)

01/09/2002 298 MEMORANDUM OF LAW by Deloitte & Touche Bu in support of [296-1] motion for an Order dismissing the Actions, [296-2] motion severing and dismissing the claims against DTB on the ground of forum non conveniens, [296-3] motion permitting an interlocutory appeal pursuant to 28 U.S.C. 1292(b) of the denial of renewal or of DTB's renewed motion for an interlocutory appeal, [296-4] motion expedited consideration of this motion . Received in night deposit box on 1/9/22 at 7:55 p.m. (yv) (Entered: 01/14/2002)

01/09/2002 299 CERTIFICATE OF SERVICE of Notice of Motion for Expedited Consideration, Declaration of Michael J. Dell in Support of Motion, Declaration of Saul M. Froomkin and Memorandum of Law as to Cromer Finance, Ltd., Michael Berger, Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass., Financial Asset Man. by hand, but by facsimile and first class mail for Defendant Michael Berger on 1/8/02 . Received in night deposit box on 1/9/02 at 7:55 p.m. (yv) (Entered: 01/14/2002)

01/09/2002 300 DECLARATION of Michael J. Dell by Deloitte & Touche Bu in support Re: [296-1] motion for an Order dismissing the Actions, [296-2] motion severing and dismissing the claims against DTB on the ground of forum non conveniens, [296-3]

motion permitting an interlocutory appeal pursuant to 28 U.S.C. 1292(b) of the denial of renewal or of DTB's renewed motion for an interlocutory appeal, [296-4] motion expedited consideration of this motion . Received in night deposit box on 1/9/02 at 7:55 p.m. (yv) (Entered: 01/14/2002)

01/15/2002 Telephone Conference held before Magistrate Judge Debra C. Freeman. (kkc) (Entered: 01/28/2002)

02/04/2002 301 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [296-1] motion for an Order dismissing the Actions, [296-2] motion severing and dismissing the claims against DTB on the ground of forum non conveniens, [296-3] motion permitting an interlocutory appeal pursuant to 28 U.S.C. 1292(b) of the denial of renewal or of DTB's renewed motion for an interlocutory appeal, [296-4] motion expedited consideration of this motion . (yv) (Entered: 02/05/2002)

02/13/2002 302 MANDATE OF USCA (certified copy) Re: It is hereby ordered that the petition for leave to appeal pursuant to Fed. R. Civ. P. 23(f) be and it hereby is denied. Issued as Mandate: 2/6/02, 02-8002 Roseann B. MacKechnie, Clerk, U.S.C.A. (sb) (Entered: 02/14/2002)

02/13/2002 303 MANDATE OF USCA (certified copy) Re: Motion for Stay Pending Determination of Rule 23(f) Petition. It is hereby ordered that the motion be and it hereby is denied as moot. Issued as Mandate: 2/6/02, 02-8002 Roseann B. MacKechnie, Clerk, U.S.C.A. (sb) (Entered: 02/14/2002)

02/14/2002 304 LETTER BRIEF by Deloitte & Touche Burmuda in opposition to plaintiff's submissions to the court. (db) (Entered: 02/15/2002)

02/15/2002 306 LETTER BRIEF by Deloitte & Touche Burmuda. Appendeix of Exhibits attached. (jco) Modified on 02/21/2002 (Entered: 02/21/2002)

02/15/2002 307 CERTIFICATE OF SERVICE of Letter Brief, copy of the Appendix of Exhibits as to Cromer Finance, Ltd., Ernst & Young Bermud, Kempe & Whittle Ass., Argos, et al, by hand and Michael Berger, by Telecopier on 2/13/02. (jco) (Entered: 02/21/2002)

02/15/2002 308 ORDER; unless the Court notifies the parties otherwise, the Argos action, 00 cv 2498 is stayed pending completion of the trial in the Cromer action , except that counsel for the Argos and Cromer pltffs shall cooperate in the taking of the depositions listed herein . Any motion by the Cromer pltffs to reassert claims against Deloitte Touche Tohmatsu shall be served by 2/22/02. Any opposition shall be served by 3/15/02, and any reply shall be served by 3/22/02. At the time any reply is served, the moving party shall supply 2 courtesy copies of all motion papers to Chambers . Deloitte & Touche Bermuda shall produce the practice review conducted of DTB by Deloitte US . The Cromer pltffs shall be permitted to pursue discovery to prove that there is general jurisdiction over DTB, but only with requests that are not unduly burdensome . The parties shall identify by 2/15/02, at 5:00 PM, in a letter not to exceed 2 pages, any additional case law the Court should consider in ruling on the Cromer pltffs' application for production of DTB's personnel files . Fact discovery shall conclude by 9/27/02. Expert discovery shall conclude by 11/1/02 . The parties in the Cromer action are directed to appear at a conference to be held on 10/4/02, at 10:00 AM, 500 Pearl St., Courtroom 11B . Should any discovery disputes arise which the parties are unable to resolve on their

own, they shall submit a letter no longer than 2 pages to the Court describing the relevant dispute . There shall be no bifurcation of the trial in the Cromer action. Consequently, there shall not be separate trials to address issues of the individual reliance of abesent class members. If DTB has legal authority to support a contrary result, it shall submit it in a letter brief no longer than 5 pages by 2/22/02 . The Cromer pltffs shall submit a proposed notice to class members by 2/22/02 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 02/22/2002)

02/19/2002 305 REPLY MEMORANDUM by Deloitte & Touche Bu in further support of: [296-1] motion for an Order dismissing the Actions, [296-2] motion severing and dismissing the claims against DTB on the ground of forum non conveniens, [296-3] motion permitting an interlocutory appeal pursuant to 28 U.S.C. 1292(b) of the denial of renewal or of DTB's renewed motion for an interlocutory appeal, [296-4] motion expedited consideration of this motion (yv) (Entered: 02/21/2002)

02/21/2002 309 ORDER, Deloitte shall produce the personnel files of employees that worked on the Fund audit to the plaintiffs, including performance reviews and documents relating to disciplinary action. Personal information that is unrelated to an employee's performance at work may be redacted . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 02/25/2002)



02/22/2002 312 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 2/21/02; granting counsel's request to extend the time until 2/29/02 to provide the Court with a proposed notice to class members . ( signed by Judge Denise L. Cote ); Copies mailed. (kkc) (Entered: 02/25/2002)

02/22/2002 313 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V. for an Order pursuant to Rule 54(b) and 60(b) of the FRCP and the Court's inherent power to modify interlocutory orders, revising the Court's [135-1] order the negligence and gross negligence claims are dismissed against Financial Asset Management, Inc. The federal claims and the claims of negligence, gross negligence, and professional malpractice are dismissed against Kempe & Whittle Associates Ltd, [135-2] order the parties shall have ten days in which to notify the Court why the analysis in this Opinion does not resolve the motions to dismiss the claims in the Argos Complaint (Case No. 00 civ. 2498) as well, [135-3] order and reinstating Plaintiffs' Section 10(b) claim and all common-law claims asserted in Plaintiffs' Second Amended Complaint against DTT and, for an Order permitting Plaintiffs to amend the Second Amended Complaint to assert additional causes of action against DTT and Deloitte & Touche (Bermuda) . Return date not indicated. (yv) (Entered: 02/26/2002)

02/22/2002 314 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. (yv) (Entered: 02/26/2002)

02/22/2002 315 AFFIDAVIT of Alexandra Khlyavich by Cromer Finance, Ltd., Prival N.V. in support of [313-1] motion for an Order pursuant to Rule 54(b) and 60(b) of the FRCP and the Court's inherent power to modify interlocutory orders, revising the Court's [135-1] order the negligence and gross negligence claims are dismissed against Financial Asset Management, Inc. The federal claims and the claims of negligence, gross negligence, and professional malpractice are dismissed against

Kempe & Whittle Associates Ltd, [135-2] order the parties shall have ten days in which to notify the Court why the analysis in this Opinion does not resolve the motions to dismiss the claims in the Argos Complaint (Case No. 00 civ. 2498) as well, [135-3] order and reinstating Plaintiffs' Section 10(b) claim and all common-law claims asserted in Plaintiffs' Second Amended Complaint against DTT, [313-2] motion for an Order permitting Plaintiffs to amend the Second Amended Complaint to assert additional causes of action against DTT and Deloitte & Touche (Bermuda) . (yv) (Entered: 02/26/2002)

02/22/2002 316 LETTER BRIEF by Deloitte & Touche Bu in support of: Request for Seperate Trials on Non-Common Issues. (yv) (Entered: 02/26/2002)

02/22/2002 317 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 2/21/02; granting counsel for deft Deloitte & Touche Bermuda's request for an extension, until 3/1/02, to exchange with pltffs a list of intended deponents, presently due under the Court's 2/14/02 Order on 2/22/02 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 02/26/2002)

02/28/2002 318 ORDER, Deloitte's motion for leave to renew its motion to dismiss these actions on the ground of forum non conveniens is denied ; Deloitte's motion in the alternative for an order permitting an interlocutory appeal from the denial of leave to renew its motion to dismiss on the ground of forum non conveniens is denied . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 03/05/2002)

03/01/2002 Memo endorsed on motion; denying [296-1] motion for an Order dismissing the Actions, denying [296-2] motion severing and dismissing the claims against DTB on the ground of forum non conveniens, denying [296-3] motion permitting an interlocutory appeal pursuant to 28 U.S.C. 1292(b) of the denial of renewal or of DTB's renewed motion for an interlocutory appeal, denying [296-4] motion expedited consideration of this motion. ( signed by Judge Denise L. Cote ); Copies mailed. (kkc) (Entered: 03/01/2002)

03/01/2002 319 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 2/27/02. Granting plaintiffs' request to have until 3/6/02 to response to Michael Dell's letter dated 2/22/02 and to Mark Holton's letter dated 2/26/02 . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 03/06/2002)

03/06/2002 321 NOTICE of Summary Notice of Pendency of Class Action by Cromer Finance, Ltd. to all persons who purchased shares of the Manhattan Investment Fund, Ltd., and suffered damages thereby, during the period commencing October 1, 1995 and continuing through 1/18/00. (jco) (Entered: 03/11/2002)

03/06/2002 322 NOTICE of Pendency of Class Action by Cromer Finance, Ltd. to all persons who purchased shares of the Manhattan Investment Fund, Ltd., and suffered damages thereby, during the period commencing October 1, 1995 and continuing through 1/18/00. (jco) (Entered: 03/11/2002)

03/08/2002 323 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) issuing a letter rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Cory Garbolinsky as a witness on oral examination as further set forth in this motion . Return date 3/18/02. Affidavit of Irena S. Brobston, Proposed Order and Letter Rogatory attached. (kkc) (Entered: 03/11/2002)

03/08/2002 324 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) issuing a letter rogatory directed to the High Court of South Africa, requesting the examination of Linda Farris as a witness on oral examination as further set forth in this Order . Return date 3/18/02. Affidavit of Irena S. Brobston, Proposed Order and Letter Rogatory attached. (kkc) (Entered: 03/11/2002)

03/08/2002 325 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) issuing a letter rogatory directed to the High Court, Isle of Man, British Isles, requesting the examination of Timothy Rice as a witness on oral examination as further set forth in this Order . Return date 3/18/02. Affidavit of Irena S. Brobston, Proposed Order and Letter Rogatory attached. (kkc) (Entered: 03/11/2002)

03/08/2002 326 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) issuing a letter rogatory directed to the Supreme Court of New South Wales, Australia, requesting the examination of Kari Dixon as a witness on oral examination as further set forth in this Order . Return date 3/18/02. Affidavit of Irena S. Brobston, Proposed Order and Letter Rogatory attached. (kkc) (Entered: 03/11/2002)

03/08/2002 327 ORDER, any period described in the notice of class action to be distributed in the Cromer action, 00 cv 2284, within which class members must exercise their right to opt out of the class, shall apply to those class members who are also plntfs in the Argos action 00 cv 2498. If any of the Argos plntfs opt out of the Cromer class action within the period prescribed in the notice, and if the Cromer class action terminates with an award to the class plntfs, distribution of that award shall be stayed pending the resolution of the claims of any plntfs remaining in the Argos action. When all claims in these two action have been resolved, the Court will entertain plans for the distribution of any awards to successful class and individual plntfs ( signed by Judge Denise L. Cote ); Copies mailed; (also docketed in 00 cv 2498) (cd) (Entered: 03/12/2002)


03/12/2002 328 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 3/8/02. Re: regarding response to Veronica Rendon's 3/6/02 letter to the Court responding to the letter dtd 2/22.02 by Attorneys for deft Deloitte & Touche Bermuda and requesting leave to reply to that letter; Granted. Response is due 3/15/02 at noon . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) Modified on 03/13/2002 (Entered: 03/13/2002)

03/12/2002 331 ORDER; granting [313-1] motion for an Order pursuant to Rule 54(b) and 60(b) of the FRCP and the Court's inherent power to modify interlocutory orders, revising the Court's [135-1] order the negligence and gross negligence claims are dismissed against Financial Asset Management, Inc. The federal claims and the claims of negligence, gross negligence, and professional malpractice are dismissed against Kempe & Whittle Associates Ltd, [135-2] order the parties shall have ten days in which to notify the Court the analysis in this Opinion does not resolve the motions dismiss the claims in the Argos Complaint (Case No. 00 civ. 2498) as well, [135-3] order and reinstating Plaintiffs' Section 10(b) claim and all common-law claims

asserted in Plaintiffs' Second Amended Complaint against DTT granting [313-2] motion for an Order permitting Plaintiffs to amend the Second Amended Complaint to assert additional causes of action against DTT and Deloitte & Touche (Bermuda); reset amended pleadings due for 3/19/02 ; the stay of certain proceedings in the Aros action, imposed by order dated 02/14/02 is lifted for the limited prupose of permitting this litigation over the amendment of the pleading in the Argos action ; any opposition to the motion to amend, including any oposition by DTT or DTB, shall be filed by 04/05/02; Any Reply shall be fild by 04/12/02 ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 03/15/2002)

03/13/2002 329 ORDER, the Clerk of the Court shall issue the letter reogatory in the form attached to this Order. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 03/14/2002)

03/13/2002 330 ORDER DIRECTING ISSUANCE OF LETTERS ROGATORY, the Clerk of Court shall issue the letter rogatory in the form attached to this order ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 03/14/2002)

03/13/2002 332 ORDER; granting [325-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) issuing a letter rogatory directed to the High Court, Isle of Man, British Isles, requesting the examination of Timothy Rice as a witness on oral examination as further set forth in this Order; that the Clerk of Court shall issue the letter regatory in the form attached to this order. ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 03/18/2002)

03/13/2002 333 ORDER, granting [324-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) issuing a letter rogatory directed to the High Court of South Africa, requesting the examination of Linda Farris as a witness on oral examination as further set forth in this Order; the Clerk of Court shall issue the letter rogatory in the form attached to this order . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 03/18/2002)

03/18/2002 334 ORDER, that any comments in response or opposition to the notices shall be submitted to the Court by 3/19/02 at 5:00 p.m. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 03/19/2002)

03/18/2002 335 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 3/13/02; the Court denies such a procedure to be proper, and will not accept a request for exculsion from the class on behalf of a named Argos or Scotia pltff. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 03/19/2002)

03/18/2002 336 Memo-Endorsement on letter addressed to Judge Cote from Scott M. Berman, dated 3/14/02; request denied for named pltff's in this action 00 Civ. 2498, counsel may not submit a written request for exclusion providing any such request. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 03/19/2002)

03/18/2002 339 Letter filed by Deloitte & Touche Bu addressed to Honorable Denise L. Cote from Michael J. Dell, dated 3/15/02, re: objection to the Cromer plaintiffs' letters rogatory. (yv) (Entered: 03/20/2002)



03/19/2002 340 REPLY LETTER BRIEF by Deloitte & Touche Bu in further support of: Its Request for Seperate Trials on Non-Common Issues. (yv) (Entered: 03/21/2002)

03/19/2002 341 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to FRCP 15(a) to amend the second amended complaint . Return date 4/12/02. (kkc) (Entered: 03/22/2002)

03/19/2002 342 Limited Objection(s) by Argos plaintiffs to proposed notice of class action. (kkc) Modified on 03/22/2002 (Entered: 03/22/2002)

03/21/2002 343 ORDER, regarding issues concerning the proposed Notice of Class Action circulate to the parties, counsel for the Cromer plaintiffs shall inform the Court's Courtroom Deputy Clerk of a time on 3/22/02, after 3:30 p.m., that is convenient for all parties wishing to participate in the telephone conference . ( signed by Judge Denise L. Cote ); Copies mailed. (tp) (Entered: 03/25/2002)

03/22/2002 344 Letter filed by Cromer Finance, Ltd. addressed to Judge Cote from Steven S. Honigman, dated 3/21/02, re: the summary notice and notice of class action should designate 5/10/02 as the last date by which requests for exclusion from the class must be postmarked. (bai) (Entered: 03/26/2002)

04/05/2002 345 MEMORANDUM OF LAW by Deloitte & Touche in opposition to [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint . (db) Modified on 04/08/2002 (Entered: 04/08/2002)

04/05/2002 346 MEMORANDUM OF LAW by Deloitte & Touche in opposition to [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint yet again to add additional causes of action. (db) Modified on 04/08/2002 (Entered: 04/08/2002)

04/05/2002 347 DECLARATION of Mark B. Holton by Deloitte & Touche in opposition Re: [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint . (db) Modified on 04/08/2002 (Entered: 04/08/2002)

04/05/2002 348 AFFIDAVIT OF SERVICE of memorandum in opposition to plaintiff's motion for leave to amend as to Cromer Finance, Ltd., Michael Berger, Fund Admin. Svcs., Deloitte & Touche Bu, Deloitte & Touche LL, Financial Asset Man., Cromer and Argos by personal service on 4/5/02. (db) (Entered: 04/08/2002)

04/05/2002 350 DECLARATION of Mark B. Holton by Deloitte & Touche in opposition Re: [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint. (djc) (Entered: 04/10/2002)

04/05/2002 353 MEMORANDUM OF LAW by Deloitte Touche Tohm in opposition to [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint . (pl) (Entered: 04/19/2002)

04/09/2002 349 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 2/13/02. (tr) (Entered: 04/09/2002)

04/12/2002 351 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 4/10/02; Plaintiffs' reply to response to motion reset to 4/15/02 for [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint . ( signed by Judge Denise L. Cote ); Copies mailed. (ae) (Entered:

04/16/2002)

04/15/2002 352 SEALED DOCUMENT placed in vault. (js) (Entered: 04/16/2002)

04/15/2002 354 Supplemental AFFIDAVIT of Richard P.Swanson by Cromer Finance, Ltd. in support of [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint. (kw) (Entered: 04/22/2002)

04/30/2002 355 NOTICE OF MOTION by Deloitte & Touche for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory requesting the examination of Francois Morax as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this Court . Return Date 5/10/02 at 9:30. (bai) (Entered: 05/03/2002)

04/30/2002 356 AFFIDAVIT of Michael J. Dell by Deloitte & Touche in support of [355-1] motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory requesting the examination of Francois Morax as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this Court . (bai) (Entered: 05/03/2002)

04/30/2002 357 NOTICE OF MOTION by Deloitte & Touche for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory requesting the examination of Georg von Richter as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this court . Return Date 5/10/02 at 9:30. (bai) (Entered: 05/03/2002)

04/30/2002 358 AFFIDAVIT of Michael J. Dell by Deloitte & Touche in support of [357-1] motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory requesting the examination of Georg von Richter as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this court . (bai) (Entered: 05/03/2002)

04/30/2002 359 NOTICE OF MOTION by Deloitte & Touche for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Arpad Busson as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this court . Return Date 5/10/02 at 9:30. (bai) (Entered: 05/03/2002)

04/30/2002 360 AFFIDAVIT of Michael J. Dell by Deloitte & Touche in support of [359-1] motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Arpad Busson as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this court . (bai) (Entered: 05/03/2002)

05/03/2002 Memo endorsed on motion, doc. #313; granted in part, pltffs motion for an order, purs. to Rules 54(b) and 60(b) of the FRCP and the Court's inherent power to modify interlocutory orders; for an order permitting pltffs to amend the Second Amended Complaint to assert additional caes of action against DTT & Deloitte & Touche (Bermuda). ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 05/06/2002)

05/03/2002 Memo endorsed on motion; granting in part, denying in part [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 05/06/2002)

05/03/2002 361 OPINION #86909, granting in part, denying in part [341-1] motion for an Order pursuant to FRCP 15(a) to amend the second amended complaint. The plntfs' motion to amend the complaint to add additional factual allegations against Deloitte and to reassert certain causes of action against Deloitte is granted. The plntfs' motion to amend their complaint to assert additional cause of action against Deloitte and DTB based on an omission theory is denied. The parties shall have ten days from the date of this Opinion and Order to inform the Court why this Opinion and Order does not also resolve the motion to amend fld by the plntfs in the Argos action ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 05/06/2002)

05/03/2002 362 NOTICE OF MOTION by Deloitte & Touche Bu for an order pursuant to Rule 28(b), issuing a letter rogatory directed to Prasudentin des Oberlandesgerichts Muchen, Federal Republic of Germany, requesting the examination of Robert Schimanko as a witness on oral examination , to inform counsel for DTB when it approves the letter rogatory so that counsel may have the letter translated into German for submission to the German Court ,and to request the German Court to set a precise time and date for a hearing and so inform the parties . Return Date 5/13/02 at 9:30. (db) (Entered: 05/07/2002)

05/03/2002 363 AFFIDAVIT of Michael J. Dell by Deloitte & Touche Bu in support of [362-1] motion for an order pursuant to Rule 28(b), issuing a letter rogatory directed to Prasudentin des Oberlandesgerichts Muchen, Federal Republic of Germany, requesting the examination of Robert Schimanko as a witness on oral examination, [362-2] motion to inform counsel for DTB when it approves the letter rogatory so that counsel may have the letter translated into German for submission to the German Court, [362-3] motion to request the German Court to set a precise time and date for a hearing and so inform the parties . (db) (Entered: 05/07/2002)

05/08/2002 364 THIRD AMENDED COMPLAINT by Cromer Finance, Ltd., Prival N.V. (Answer due 5/28/02 for Bear Stearns Secur., for Ernst & Young Intl., for Financial Asset Man., for Bear Stearns & Co., for Deloitte & Touche LL, for Deloitte Touche Tohm, for Deloitte & Touche Bu, for Kempe & Whittle Ass., for Ernst & Young Bermud, for Ernst & Young Int'l, for Financial Administra, for Bear Stearns & Co., for Bear Stearns Secur, for John Does 1 through 100, for Ernst & Young, for Fund Admin. Svcs., for Deloitte & Touche, for Michael Berger ) amending [1-1] complaint . Summons issued. Jury trial demanded. (bai) Modified on 05/10/2002 (Entered: 05/10/2002)

05/13/2002 365 Memo-Endorsement on letter addressed to Judge Cote from Mark B. Holton, dated 05/09/02; reset answer due for 6/7/02 for Deloitte Touche Tohm ; Request for modification of discovery schedule is denied ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 05/15/2002)

05/14/2002 367 REPLY BRIEF by Deloitte & Touche Bu in further support of [362-1] motion for an order pursuant to Rule 28(b), issuing a letter rogatory directed to Prasudentin des Oberlandesgerichts Muchen, Federal Republic of Germany, requesting the examination of Robert Schimanko as a witness on oral examination, [362-2] motion

to inform counsel for DTB when it approves the letter rogatory so that counsel may have the letter translated into German for submission to the German Court, [362-3] motion to request the German Court to set a precise time and date for a hearing and so inform the parties (db) (Entered: 05/16/2002)

05/15/2002 366 LETTER BRIEF by Cromer Finance, Ltd. re: [362-1] motion for an order pursuant to Rule 28(b), issuing a letter rogatory directed to Prasudentin des Oberlandesgerichts Muchen, Federal Republic of Germany, requesting the examination of Robert Schimanko as a witness on oral examination (moc) Modified on 05/16/2002 (Entered: 05/16/2002)

05/17/2002 368 NOTICE OF MOTION by Deloitte & Touche Bu for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), issuing a letter rogatory directed to the High Court of Justice of the Commonwealth of Dominica, for requests further set forth in this motion . Proposed order attached. Return Date 5/28/02 at 9:30. (moc) (Entered: 05/23/2002)

05/17/2002 369 AFFIDAVIT of Michael J. Dell by Deloitte & Touche Bu in support of [368-1] motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), issuing a letter rogatory directed to the High Court of Justice of the Commonwealth of Dominica, for requests further set forth in this motion . (moc) (Entered: 05/23/2002)

05/17/2002 370 LETTER BRIEF filed by Cromer Finance, Ltd., Prival N.V. addressed to Judge Cote from Veronica E. Rendon, dated 5/10/02, re: opposition to Deloitte & Touche Bermuda's motion to compel responses to discovery. (db) Modified on 05/28/2002 (Entered: 05/28/2002)

05/17/2002 371 LETTER BRIEF filed by Cromer Finance, Ltd., Prival N.V. addressed to Judge Cote from Veronica E. Rendon, dated 5/10/02, re: opposition to Deloitte & Touche Bermuda's motion to compel responses to discovery. (db) (Entered: 05/28/2002)

05/21/2002 388 ORDER, granting [362-1] motion for an order pursuant to Rule 28(b), issuing a letter rogatory directed to Prasudentin des Oberlandesgerichts Muchen, Federal Republic of Germany, requesting the examination of Robert Schimanko as a witness on oral examination; the Clerk of this Court shall issue the letter rogatory in the form attached to this order . ( signed by Judge Denise L. Cote ); Copies mailed. (ae) (Entered: 06/06/2002)

05/21/2002 389 ORDER, granting [359-1] motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Arpad Busson as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this court; the Clerk of this Court shall issue the letter rogatory in the form attached to this letter . ( signed by Judge Denise L. Cote ); Copies mailed. (ae) (Entered: 06/06/2002)

05/22/2002 372 LETTER BRIEF by Cromer Finance, Ltd., Prival N.V. in opposition to Deloitte & Touche (Bermuda's) motion to compel prival documents. (db) (Entered: 05/28/2002)

05/22/2002 373 SUR-REPLY by Cromer Finance, Ltd., Prival N.V. in further opposition to [357-1] motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a

letter rogatory requesting the examination of Georg von Richter as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this court, motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), to issue a letter rogatory requesting the examination of Francois Morax as a witness on oral examination on the ground that this action is securities fraud and is pending and undetermined in this Court (db) (Entered: 05/28/2002)

05/22/2002 374 BRIEF by Deloitte & Touche Bu in response to plaintiffs' 5/17/02 brief and in further support of: [368-1] motion for an order pursuant to 28 U.S.C. 1781(b)(2) and FRCP 28(b), issuing a letter rogatory directed to the High Court of Justice of the Commonwealth of Dominica, for requests further set forth in this motion (moc) (Entered: 05/29/2002)

05/24/2002 375 NOTICE OF MOTION by Deloitte & Touche Bu for an Order compelling non-party witness LH Financial to produce additional documents responsive to a Subpoena Duces Tecum . Return Date 6/25/02 at 9:30. Declaration of Michael J. Dell in support of motion attached. (yv) (Entered: 05/29/2002)

05/24/2002 376 BRIEF by Deloitte & Touche Bu in support of: [375-1] motion for an Order compelling non-party witness LH Financial to produce additional documents responsive to a Subpoena Duces Tecum (yv) (Entered: 05/29/2002)

05/24/2002 377 REPLY BRIEF by Deloitte & Touche Bu in further support of: [375-1] motion for an Order compelling non-party witness LH Financial to produce additional documents responsive to a Subpoena Duces Tecum (yv) (Entered: 05/29/2002)

05/24/2002 378 REPLY DECLARATION of Michael J. Dell by Deloitte & Touche Bu in support Re: [375-1] motion for an Order compelling witness LH Financial to produce additional documents responsive to a Subpoena Duces Tecum. Received in night deposit box on May 24, 2002 document number 378. (yv) (Entered: 05/29/2002)

05/28/2002 379 MEMORANDUM OPINION #86989, that for the reasons set forth, the 5/1/02 application of Deloitte & Touche (Bermuda) seeking to compel the named plaintiffs ini the Cromer action to complete their answers to or answer Interrogatories 4, 8, 12-14, 44, 47-52, 55-62, 66, 71-74, and 83-84 in DTB's First Set of Combined Interrogatories, is denied with the following exceptions as further described herein . ( signed by Judge Denise L. Cote ); Copies mailed. (tp) (Entered: 05/29/2002)

05/28/2002 380 MEMORANDUM OPINION #86990, that the Court having reviewed the parties' submissions regarding the issues set forth DTB's request that the plaintiffs be required to provide certain information in response to DTB's Combined First Set of Interrogatories (nos. 63-64 and 78-82), Its First Request for Production of Documents (Nos. 9, 12, 20, 25-27, and 37) its Second Request for Production of Documents (Nos. 24-26), and its Fourth Request for Production of Documents (no. 21), is, with one exception denied as further described herein . ( signed by Judge Denise L. Cote ); Copies mailed. (tp) (Entered: 05/29/2002)

05/28/2002 381 MEMORANDUM OPINION #86991, regarding the request by DTB for production of 11 documents to be examined by the Court in camera to confirm that 10 of them are, in fact, law firm proposals and analyses of those proposals. the Eleventh document that was sent by the law firm Strook & Strook & Lavan will

also be reviewed to determine if it should be produced in discovery. DTB's request is otherwise denied . ( signed by Judge Denise L. Cote ); Copies mailed. (tp) (Entered: 05/29/2002)

05/29/2002 386 ORDER; this matter having come on for hearinig upon tbe motion of defendant Deloitte & Touche (Bermuda for a letter Rogatory for the examination of Bernhard Taferner and the for the production of documents from him, and it appearing that such a letter rogatory is appropriate; Now therefore, it is ordered that the Clerk of this Court shall issue the letter rogatory in the form attached to this order ; ( (signed by Judge Denise L. Cote); Copies mailed. (no attachments; Copy of order forwarded to Clerk of court) (djc) (Entered: 06/04/2002)

05/31/2002 384 ORDER, In the 5/24/02 Memorandum Opinion, the Court requested that eleven documents listed on plaintff Prival's privelege log be provided for in camera review. The Opinion should have referred to nine documents. These nine documents have been reviewed by the Court in camera, and a separate ex parte order is being issued today requiring that the Cromer plaintiffs show cause why certain sections of these documents should not be produced in discovery . ( signed by Judge Denise L. Cote ); Copies mailed. (tp) (Entered: 06/04/2002)

05/31/2002 385 ORDER, there is no need for clarification of the 5/2 Opinion. The Argos plntfs shall have until 6/7/02, to serve on the defts a revised pleding that conforms with the rulings in the 5/2 Opinion ; set amended pleadings due for 6/14/02 ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 06/04/2002)

05/31/2002 417 MEMORANDUM OPINION & ORDER #87010, DTB shall resubmit for the Court's signature proposed letters rogatory for Francois Morax and Georg von Richter and Bank Sal. Oppenheim jr. & Cie (Schweiz) AG in conformance with this Memorandum and Opinion and Order ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 07/17/2002)



06/03/2002 Memo endorsed on motion; mooting [375-1] motion for an Order compelling non-party witness LH Financial to produce additional documents responsive to a Subpoena Duces Tecum. Mooted by agreement of parties. signed by Judge Denise L. Cote ); Copies mailed. (jco) Modified on 06/04/2002 (Entered: 06/04/2002)

06/03/2002 387 ORDER DIRECTING ISSUANCE OF LETTER ROGATORY, the clerk of this court shall issue the letter rogatory in the form attached to this order ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 06/05/2002)

06/03/2002 390 RULE 1.9 CERTIFICATE filed by Deloitte Touche Tohm . (yv) (Entered: 06/07/2002)

06/03/2002 391 ANSWER to Complaint by Deloitte Touche Tohm (Attorney Aric Hugo Wu, Mark B. Holton, John T. Behrendt from the Firm: Gibson, Dunn & Crutcher LLP) . (yv) (Entered: 06/07/2002)

06/03/2002 392 Letter filed by Cromer Finance, Ltd., Prival N.V. addressed to Judge Cote from Veronica E. Rendon, dated 5/31/02, re: Production of Documents. (rag) (Entered: 06/07/2002)

06/05/2002 393 ANSWER by Deloitte & Touche Bu to [364-1] third amended complaint . (Attorney from the Firm: Kramer, Levin, Naftalis & Frankel, LLP); jury demand. (dc) (Entered: 06/11/2002)

06/07/2002 395 BRIEF by Deloitte & Touche Bermuda in suppourt of its motion to compel production of any documents withheld on Swiss secrecy grounds and documents concerning Plaintiff's other investments; re: [375-1] motion for an Order compelling non-party witness LH Financial to produce additional documents responsive to a Subpoena Duces Tecum (sv) (Entered: 06/14/2002)

06/07/2002 403 LETTER BRIEF by Deloitte & Touche Bu in response to: plaintiffs' motion to compel counsel for DTB to appear for the deposition of David Rathbone on June 19-21 in London and to compel William Jack to appear for deposition on designated days. Received in night deposit box on 6/7/02 at 7:47 p.m. (yv) (Entered: 06/19/2002)

06/10/2002 397 LETTER BRIEF by Cromer Finance, Ltd., Prival N.V. in support of: plaintiffs' motion to make available for inspection and to produce firm audit manuals and other documents related to auditing standards. (moc) (Entered: 06/17/2002)

06/10/2002 398 LETTER BRIEF by Cromer Finance, Ltd., Prival N.V. in support of: plaintiffs' motion to compel the production of contact information for Kari Dixon's Australian cousnel or Ms. Dixon's present whereabouts. (moc) (Entered: 06/17/2002)

06/10/2002 399 LETTER BRIEF by Cromer Finance, Ltd., Prival N.V. in support of: plaintiffs' motion to compel counsel for DTB to appear for the deposition of David Rathbone on June 19-21 in London and compel William Jack to appear for deposition on designated days. (moc) (Entered: 06/17/2002)

06/10/2002 400 LETTER BRIEF by Cromer Finance, Ltd., Prival N.V. in support of: plaintiffs' motion to prevent DTB & DTT from submitting papers in opposition to Missen Letter Rogatory and from paying costs or legal fees to finance opposition to Missen Letter Rogatory. (moc) (Entered: 06/17/2002)

06/11/2002 394 ORDER, the clerk of this court shall issue the letter rogatory for the examination of Mark Talbot, in the form attached to this order ( signed by Judge Denise L. Cote ); Copies mailed; (original forwarded to Ann Ford, for issuance of letter rogatory); also docketed in 00 cv 2498 (cd) (Entered: 06/13/2002)

06/13/2002 396 ORDER, any written responses to these (modifications proposed by the Cromer plntfs) changes to be submitted to the Court by 6/13/02, at 5:00 pm ( signed by Judge Denise L. Cote ); Copies mailed; also docketed in 00 cv 2498 (cd) (Entered: 06/14/2002)

06/14/2002 401 BRIEF by Deloitte & Touche Bu re: Plaintiffs' Motion to prevent DTB and DTT form paying costs or legal fees of Tracy Missen in connection with her opposition to the letter rogatory relating to her and for other relief. (dc) (Entered: 06/18/2002)

06/17/2002 402 ORDER DIRECTING ISSUANCE OF LETTER ROGATORY, that as described herein, the Clerk of this Court shall issue the letter rogatory in the form attached to Order . ( signed by Judge Denise L. Cote ); Copies mailed. (tp) Modified on 06/18/2002 (Entered: 06/18/2002)

06/17/2002 404 Memo-Endorsement on letter addressed to Judge Cote from Michael J Dell, dated

6/5/02, denying deft Deloitte & Touche's request that the Bank Sal be ordered to produce Mr. von Richter for deposition ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 06/24/2002)

06/26/2002 405 ORDER, counsel for DTB shall provide any and all contact information for Kari Dixon by 6/24/02 at 5:00 pm and plntfs' application for a court order prohibiting DTB and DTT from paying the costs or legal fees of former employees is denied, as further set forth in this document ; plntfs shall produce the documetns relating to the other investments of the named plntfs by 6/26/02 ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 07/01/2002)

06/27/2002 406 LETTER BRIEF by Deloitte & Touche in further support of its Application to compel pltffs to produce the Nichols Letters. (rec'd in the night deposit box on 6/25/02 at 5:28 p.m.) (sac) (Entered: 07/03/2002)

06/27/2002 407 LETTER BRIEF by Cromer Finance, Ltd. in further support of their request for an order: (A) barring defts Deloitte & Touche (Bermuda) ("DTB") and Deloitte Touche Tohmatsu ("Deloitte") from assisting in the preparation of any papers in opposition to the Letter Rogatory issued by this Court for the examination of Tracy Missen, or submitting any such; and (B) barring DTB and Deloitte from paying costs or legal fees to any party or on behalf of any party to finance opposition to the missen Letter Rogatory. (sac) (Entered: 07/03/2002)

06/27/2002 408 LETTER BRIEF by Cromer Finance, Ltd. in further support of their motion to compel the production of contact information for Kari Dixon's Australian counsel or of Ms. Dixon's present whereabouts. (sac) (Entered: 07/03/2002)

07/02/2002 419 REPLY by Cromer Finance, Ltd., Prival N.V. to Deloitte & Touche Bermuda's application to compel plaintiffs' to produce the Nichols Letters. (db) (Entered: 07/18/2002)

07/03/2002 410 ANSWER by Financial Asset Man. to [364-1] third amended complaint . (Attorney Martin I. Kaminsky from the Firm: Pollack & Kaminsky); jury demand. (pl) (Entered: 07/11/2002)

07/03/2002 411 Financial Asset Management, Inc.'s Reply to Cross-Claims of Defendants Deloitte & Touche Bermuda (pl) (Entered: 07/11/2002)

07/08/2002 409 LETTER BRIEF by Deloitte & Touche Bermuda seeking clarification of the Court's June 21, 2002 Order directing plaintiffs to produce documents relating to other investments of the named plaintiffs. (sb) (Entered: 07/11/2002)

07/10/2002 416 PRELIMINARY APPROVAL ORDER; with respect to certification of settlment class, proposed settlement, notice and hearing on proposed settlement . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 07/17/2002)

07/12/2002 412 NOTICE OF MOTION by Deloitte & Touche Bu, for an order pursuant to 28 USC 1781(b)(2) and FRCP 28(b)(1), (a) appointing the attorneys of record for defendant DTB, defendant Deloitte Touche Tohmatsu and plaintiff Prival as commissioners to take the deposition of Georg von Richter ; for an order authorizing the attorneys of record for DTB to submit the request for international judicial assistance directly to the Swiss Central Authority for expedited consideration ; for an order requesting the Swiss court to direct the taking of the deposition of Mr. von Richter by

commissioners appointed under Article 17 of the Hague Convention of 3/18/70 . Affidavit of Michael J. Dell in support is attached. Return Date 7/22/02 at 9:30 a.m. (Rec. in the night deposit box on 7/12/02). (kw) Modified on 07/17/2002 (Entered: 07/17/2002)

07/15/2002 413 AMENDED CERTIFICATE OF SERVICE of revised letter Rogatory to as to Michael Berger, Veronica Rendon and Mart Strauss (attorney for Cromer Finance Ltd), Steven Greenbaum (attorney for Argos), Martin I. Kaminsky (attorney for Financial Asset Management, Inc.) by mail on 7/12/02. (jco) Modified on 07/17/2002 (Entered: 07/17/2002)

07/15/2002 414 CERTIFICATE OF SERVICE of notice of motion for the appointment of counsel of record as commissioners and affidavit in support, request for recognition of appointment as commissioners and Order appointing counsel of record as commissioners as to Cromer Finance, Ltd., Michael Berger, Prival N.V., Financial Asset Man. and Steven Greenbaum, Esq. by hand and regular mail on 7/12/02 . (yv) Modified on 07/17/2002 (Entered: 07/17/2002)

07/16/2002 415 ORDER; that the Clerk of the Court shall issue the letter rogatory in the form attached to this Order . ( signed by Judge Denise L. Cote ); Copies mailed. Document sent to Clerk of Court. (jp) (Entered: 07/17/2002)

07/17/2002 418 MEMORANDUM OPINION #87174; regarding procedures to be followed that shall govern the trial in this action . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 07/18/2002)

07/26/2002 420 ORDER; Directing Issuance of Letter Rogatory in the form attached to this Order . ( signed by Judge Charles L. Brieant ); Copies mailed. (jco) Modified on 08/02/2002 (Entered: 07/31/2002)

08/09/2002 421 STIPULATION and ORDER for the PRODUCTION and EXCHANGE OF CONFIDENTIAL INFORMATION, regarding procedures to be followed that shall govern the production and exchange of confidential materials . ( signed by Judge Denise L. Cote ) (tp) (Entered: 08/13/2002)

08/22/2002 Memo endorsed on motion; That by the 12/17/01 Order, the Court is mooting the [286-1] motion for a protective order prohibiting plaintiffs from (a) obtaining the discovery they seek in Request Nos. 22, 35-37, 42-43, 47-57, 59-66, 71-74, and 80 of the subpoena served upon DTT by the plaintiffs on or about May 31, 2001, and (b) acting with the Chapter 11 Trustee for Manhattan Investment Fund Ltd. and Manhattan Capital Management, Inc. to obtain the same discovery in Bankruptcy Court. ( signed by Judge Denise L. Cote ); Copies mailed. (tp) (Entered: 08/22/2002)

08/23/2002 424 Letter BRIEF by Cromer Finance, Ltd., Prival N.V. re:in support of motion to compel Deloitte & Touche (Bermuda) to produce for it Mif Audig Staff: (1) written engagement evaluations; (2) personal plans nd self assessments; (3) annual and mid-year reviews; and (4) any personal plans and/or self assessments existing for William Jack, Robert Titterton, and/or David Boden; (djc) (Entered: 08/30/2002)

08/27/2002 422 NOTICE OF MOTION by Deloitte & Touche; for an order purs. to 28 USC 1781(b)(2) and FRCP 28(b), issuing a letter rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Tanya Copeland as a

witness on oral examination on the grounds that this is an action that is for, or further set forth , and to also authorize the examination to be videotaped at DTB's request because such examination will be conducted for trial purposes and not simply for discovery purposes . Return Date 9/9/02 at 9:30. (gf) Modified on 08/29/2002 (Entered: 08/29/2002)

08/27/2002 423 AFFIDAVIT of Stephen J. Katz by Deloitte & Touche in support of [422-1] motion for an order purs. to 28 USC 1781(b)(2) and FRCP 28(b), issuing a letter rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Tanya Copeland as a witness on oral examination on the grounds that this is an action that is for, or further set forth, [422-2] motion to also authorize the examination to be videotaped at DTB's request because such examination will be conducted for trail purposes and not simply for discovery purposes. (gf) (Entered: 08/29/2002)

08/28/2002 426 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V. for an Order compelling Deloitte & Touche (Bermuda) to produce unredacted copies of documents referencing names of clients and targets and, to produce unredacted and previously withheld documents relating to GFSI Committees other than the Investment Management Team and relating to GFSI activities outside Bermuda . Return Date not indicated. (yv) (Entered: 09/05/2002)

08/28/2002 427 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V. for an Order compelling Deloitte Touche Tohmatsu to produce additional documents concerning its Global Financial Services industry practice and unredacted versions of the documents previously produced in response to plaintiffs' document requests . Return Date not indicated. (yv) (Entered: 09/05/2002)

09/03/2002 425 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of July 17, 2002. (jw) (Entered: 09/03/2002)

09/09/2002 Memo endorsed on motion; granting [422-1] motion for an order purs. to 28 USC 1781(b)(2) and FRCP 28(b), issuing a letter rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Tanya Copeland as a witness on oral examination on the grounds that this is an action that is for, or further set forth, granting [422-2] motion to also authorize the examination to be videotaped at DTB's request because such examination will be conducted for trial purposes and not simply for discovery purposes. ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 09/10/2002)

09/09/2002 428 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 9/3/02. Granting plaintiffs' confirmation of the Court's rulings during the telephone conference on 8/30/02 on production of documents by 9/6/02 between the parties . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 09/12/2002)

09/09/2002 429 ORDER DIRECTING ISSUANCE OF LETTER ROGATORY, this matter having come on for hearing upon the motion of defendant Deloitte & Touche (Bermuda) for a letter rogatory for the examination of Tanya Copeland and for the production of documents from her, and it appearing that such a letter rogatory is appropriate, now therefore, is is hereby ordered that the clerk of this court shall issue the letter rogatory in the form attached to this order . ( signed by Judge Denise L. Cote );

Copies mailed. (kw) Modified on 09/13/2002 (Entered: 09/12/2002)

09/09/2002 Telephone Conference held on 9/9/02 before Magistrate Judge Debra C. Freeman . (gf) (Entered: 09/16/2002)

09/13/2002 430 Memorandum to Docket Clerk: Telephone conference re: status held on 9/9/02 before Magistrate Judge Freeman. (gf) (Entered: 09/16/2002)

09/13/2002 431 ORDER; that the deposition of one witness whose deposition is currently scheduled to occur in the week of 9/23/02, may occur within the two weeks after 9/27/02; that plaintiffs shall take Tracy Missen's deposition as soon as Ms. Missen agrees to submit to the deposition or within a reasonable time following any action by a Canadian Court permitting that deposition . ( signed by Judge Denise L. Cote ); Copies mailed. (jco) (Entered: 09/17/2002)

09/17/2002 432 ORDER, that DTB produce the Institute of Chartered Accountants documents identified as the "Planning Questionnaire Part I," "Planning Questionnaire Part II," "Quality Control Questionnaire," "The Practice Inspection Process," and the letters from Alan J. Bissell dated January 12, May 8, and September 19, 2000. "The Practice Inspection Process," which appears to be missing page 2 of 4 in the in camera submission to the Court, should be produced in its entirety. It is further ordered that DTB need not produce the memo from Roger Titterton dated September 22, 2000, nor the letter from Grant F. Dickson to David Carruthers dated July 6, 2000 . ( signed by Judge Denise L. Cote ); Copies mailed. (yv) (Entered: 09/18/2002)

09/18/2002 433 NOTICE of attorney appearance for Cromer Finance, Ltd. by Steven J. Shore. (sac) (Entered: 09/24/2002)

09/19/2002 434 Objection(s) to Application for Attys' Fees. (sac) (Entered: 09/25/2002)

09/20/2002 438 NOTICE of Objection to the settlement class counsel's application for attorneys' fees and reimbursement of expenses. (db) (Entered: 09/27/2002)

09/20/2002 439 MEMORANDUM OF LAW in support of the Objection of certain class members to the settlement class counsel's application for attorneys' fees and reimbursement of expenses. (db) (Entered: 09/27/2002)

09/20/2002 440 AFFIDAVIT of George F. Meierhofer in support of Objection to the settlement class counsel's application for attorney's fees and reimbursement of expenses. (db) (Entered: 09/27/2002)

09/23/2002 435 Memo-Endorsement on letter addressed to Judge Cote from Kevin C. Walker, dated 9/19/02. Granting Lawrence Doyle's request to be deposed in the first half of October . ( signed by Judge Denise L. Cote ); (kw) (Entered: 09/26/2002)

09/23/2002 441 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 9/20/02. Schedule having been agreed upon by the parties, it is approved as set forth in this document . ( signed by Judge Denise L. Cote ); (kw) (Entered: 09/27/2002)

09/24/2002 436 Memo-Endorsement on letter addressed to Judge Denise L. Cote from Michael J. Dell, dated 9/20/02. Re:, counsel for dft Deloitte & Touche Bermuda requests leave for the examination of Linda Farris to be taken in South Africa during the week of

October 28, 2002. Although the conflict should have been raised during the conference call of 9/11/02 with the parties' consent, the deposition of Ms. Farris may be taken the week of October 28. . ( signed by Judge Denise L. Cote ); (dle) (Entered: 09/27/2002)

09/24/2002 437 Memo-Endorsement on letter addressed to Judge Denise L. Cote from David S. Frankel, dated 9/23/02. Re:, Counsel for dft Deloitte & Touche Bermuda requests that the deposition of Mr. Simon Turner be scheduled for October 15-16, if the Court grants permission for it to be conducted after the 9/27/02 cut-off date. With The parties consent, the Turner deposition may occur on or before October 18 . ( signed by Judge Denise L. Cote ); (dle) (Entered: 09/27/2002)

09/25/2002 442 ORDER; the Court having received plaintiff's letter of 9/23/02 and dft. DTB's letter of 9/24/02, disputing the bases for the parties' consent to this extension, subsequent to the issuing of the Memo Endorsement; the parties shall be prepared to discuss, inter alia, at the conference scheduled for 10/4/02 discovery topics as set forth in this Order . ( signed by Judge Denise L. Cote ); (pl) (Entered: 09/30/2002)

09/27/2002 443 Memo-Endorsement on letter addressed to Judge Cote from Mark W. Smith, dated 9/26/02, motion to quash may be served 10/7. The parties to this litigation shall be prepared to address the factual background to these issues at the 10/4 conference with the Court ( signed by Judge Denise L. Cote ); (cd) Modified on 10/01/2002 (Entered: 09/30/2002)

09/27/2002 444 MEMORANDUM OF LAW by Deloitte & Touche in opposition to plntfs' Request for approval of the proposed bar order and setttlement between plntfs and The Ernst & Young defts (cd) (Entered: 10/02/2002)

09/27/2002 445 DECLARATION of Michael Dell by Deloitte & Touche Bu in support Re: DTB's motion opposing plntfs' Request for approval of the proposed bar order (cd) (Entered: 10/02/2002)

10/01/2002 446 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of Motion for final Order and Judgment approving settlement and dismissal of claim against FASB defendants. (Received in the night deposit box on 10/1/02 at 5:19 p.m) (gf) (Entered: 10/03/2002)

10/01/2002 447 DECLARATION of Steven S. Honigman by Cromer Finance, Ltd., Prival N.V. in support Re: motion for final order and judgment approving settlement and dismissal of claims against FASB defendants. (Received in the night deposit box on 10/1/02 at 5:19 p.m.). (gf) Modified on 10/03/2002 (Entered: 10/03/2002)

10/01/2002 448 DECLARATION of Helen Gredd Re: Motion for an order finally approving a proposed Settlement of all claims arising. (Received in the night deposit box on 10/1/02 at 5:19 p.m.). (gf) (Entered: 10/03/2002)

10/01/2002 449 DECLARATION of Gregg L. Weiner by Cromer Finance, Ltd., Prival N.V. in support Re: motion for final order approving a prposed Settlement of all claims arising. (Received in the night deposit box on 10/1/02 at 5:19 p.m.). (gf) (Entered: 10/03/2002)

10/01/2002 450 Certification by Malcolm Butterfeild of Joint Liquidator by Cromer Finance, Ltd., Prival N.V. (Received in the night deposit box on 10/1/02 at 5:19 p.m.). (gf)

Modified on 10/03/2002 (Entered: 10/03/2002)

10/01/2002 451 Proof of Mailing and Publication of Notice and Summary Notice of Settlement Class Action by Steven S. Honigman by Cromer Finance, Ltd., Prival N.V. (Recieved in the night deposit box on 10/1/02 at 5:19 p.m.). (gf) Modified on 10/03/2002 (Entered: 10/03/2002)

10/01/2002 452 ORDER, parties to this action are scheduled to appear before the Court on 10/4/02 at 10:00 a.m., the conference shall instead begin at 9:00a.m. . ( signed by Judge Denise L. Cote ); (dle) (Entered: 10/04/2002)

10/02/2002 453 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 9/30/02. Re: pltffs request this Court to compel Deloitte to provide substansive responses to the interrogatories. Pltffs must meet and confer with dfts prior to raising this issue with the Court . ( signed by Judge Denise L. Cote ) (db) (Entered: 10/07/2002)

10/02/2002 454 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to objections by Deloitte & Touche (Bermudqa) and Deloitte Touche Tohmatsu to the proposed bar order provisions of the settlement with the FASB defendants.(Received in the night deposit box on 10/2/02 at 5:21 p.m.). (gf) (Entered: 10/07/2002)

10/02/2002 455 RESPONSE MEMORANDUM by Fund Admin. Svcs., Ernst & Young, Ernst & Young Intl. re: to Deloitte & Touche (Bermuda), and Deloitte & Touche Tomatsu's opposition to request for approval of bar order and settlement. (Received in the night deposit box on 10/2/02 at 6:16 p.m.). (gf) (Entered: 10/07/2002)

10/07/2002 456 NOTICE OF MOTION by Mark Nichols for an order purs. to Rules 26 and 45 of the FRCP vacating the subpoena against movant , quashing the subpoena against movant , or modifying the subpoena against movant . Affidavit of Mark W. Smith in support of motion attached. No Return date indicated. Received in night deposit box on 10/7/02 at 5:07 p.m. (db) Modified on 10/09/2002 (Entered: 10/09/2002)

10/07/2002 457 MEMORANDUM OF LAW by Mark Nichols in support of [456-1] motion for an order purs. to Rules 26 and 45 of the FRCP vacating the subpoena against movant, [456-2] motion quashing the subpoena against movant, [456-3] motion modifying the subpoena against movant. Receivd in night deposit box on 10/7/02 at 5:07 p.m. (db) (Entered: 10/09/2002)

10/07/2002 458 JUDGMENT. The Settlement is finally approved and the parties to the Settlement are directed to consumate the Settlement in accordance with the terms and provisions of the Stipulation. All claims that have been brought against each of the FASB Defendants (Fund Administration Services (Bermuda) Ltd., Ernest & Young International, Ernest & Young Bermuda, and Kempe & Whittle Associates Ltd.) in the Action are dismissed on the merits with prejudice and without costs. The assertion or prosecution of any Claims against FASB arising out of or related to MIFL by any other party to the Action, including any claims or cross-claims for contribution or indemnity by any such party, is permanently barred and enjoined as further set forth in this Judgment. There is not just reason for delay in entering final judgment with respect to the Claims and parties subject to this Order in accordance with Rule 54(b) of the FRCP, and it is expressly directed that this Order and Final Judgment be entered ( signed by Judge Denise L. Cote ); Mailed copies and notice

of right to appeal. Entered On Docket: 10/9/02. (yv) Modified on 10/11/2002 (Entered: 10/09/2002)

10/10/2002 461 MEMORANDUM OF LAW by Deloitte & Touche Bu in opposition to [456-1] motion for an order purs. to Rules 26 and 45 of the FRCP vacating the subpoena against movant, [456-2] motion quashing the subpoena against movant, [456-3] motion modifying the subpoena against movant . (dle) (Entered: 10/22/2002)

10/10/2002 462 DECLARATION of Stephen J. Katz by Deloitte & Touche Bu in support Re: [461-1] opposition memorandum . (dle) (Entered: 10/22/2002)

10/10/2002 463 DECLARATION of Clara Pizzarello by Deloitte & Touche Bu Re: service of subpoena to Mr. Nichols. (dle) (Entered: 10/22/2002)

10/15/2002 465 REPLY AFFIDAVIT of Mark W. Smith by Mark Nichols in support of [456-1] motion for an order purs. to Rules 26 and 45 of the FRCP vacating the subpoena against movant, [456-2] motion quashing the subpoena against movant, [456-3] motion modifying the subpoena against movant . (moc) (Entered: 10/22/2002)

10/15/2002 466 REPLY MEMORANDUM by Mark Nichols in support re: [456-1] motion for an order purs. to Rules 26 and 45 of the FRCP vacating the subpoena against movant, [456-2] motion quashing the subpoena against movant, [456-3] motion modifying the subpoena against movant . (moc) (Entered: 10/22/2002)

10/16/2002 459 ORDER, Based upon the 10/4/02 conference held before the Court, it is hereby ordered that: all parties' identification of those experts who are subject to the requirements of Rule 26(a)(2)(B), FRCP must occur by 10/25/02; disclosure of all affirmative expert testimony conforming to the requirements of Rule 26 must occur by 11/8/02; responsive expert reports shall be due by 12/6/02; all expert discovery shall conclude in these actions on 12/20/02; any summary judgment motion brought by dft Deloitte Touche Tohmatsu shall be filed by 11/1/02; any opposition shall be filed by 12/6/02 and any reply by 12/13/02; The parties in the Cromer action are directed to appear at a conference to be held on 12/11/02 at 3:00 p.m. at 500 Pearl Street in Courtroom 11B as further set forth in this order . ( signed by Judge Denise L. Cote ); (dle) Modified on 10/18/2002 (Entered: 10/17/2002)

10/17/2002 460 MEMO-ENDORSEMENT on Supplemental Notice; regarding the issues concerning this supplemental notice to settlement class concerning application by settlement class counsel for attorneys' fees and reimbursement of expenses and fee application Hearing. Failure to object in time and manner described herein, shall waive any objections that that you may have and shall bar you from raising such objections in this or any other action or proceeding relating to the Fee Application. Objections directed to the application by Settlement Class Counsel for award of attorneys' fees and reimbursement of expenses shall not affect the finality of the settlement. If there are any questions regarding this notice or fee application, you may write to any of the Lead Attorneys for the Settlement Class that are set forth herein. PLEASE DO NOT WRITE OR TELEPHONE THE CLERK OF THE COURT OR THE JUDGE WITH QUESTIONS REGARDING THIS LAWSUIT . ( signed by Judge Denise L. Cote ). (tp) (Entered: 10/21/2002)

10/17/2002 Memo endorsed on motion; granting [456-2] motion quashing the subpoena against movant. Request for fees is denied . ( signed by Judge Denise L. Cote ) (sb) (Entered: 10/21/2002)

10/17/2002 464 ORDER, for the reasons set forth in this order, non-party Mark Nichols' motion to quash is granted . ( signed by Judge Denise L. Cote ); (dle) (Entered: 10/22/2002)

10/21/2002 468 NOTICE of change of Address of counsel to Cromer Finance, Ltd., commemcing 11/15/02; (djc) (Entered: 10/24/2002)

10/22/2002 467 NOTICE OF MOTION by Financial Asset Man. for an Order permitting Martin I. Kaminsky to withdraw as counsel for FAM in these actions . Return Date not indicated. Affidavit of Martin I. Kaminsky in support attached. (yv) (Entered: 10/24/2002)

10/22/2002 469 ORDER, Responses to Motion reset for 11/8/02 re: [467-1] motion for an Order permitting Martin I. Kaminsky to withdraw as counsel for FAM in these actions ; Pollack & Kaminsky shall promptly inform their client that, in the event they are releived as counsel, FAM must appear in this action through new counsel, filing a notice of appearance no later than 11/22/02, or be judged in default ( signed by Judge Denise L. Cote ); (cd) (Entered: 10/25/2002)

10/23/2002 470 MEMORANDUM OPINION and Order #87601; that a partial judgment has been entered in the Cromer and Argos actions pursuant to Rule 54(b) F.R.C.P. as to defendants Fund Administration Services (Bermuda) Ltd., Ernst & Young Bermuda and Kempe & Whittle Associates Limited (now known as Ernst & Young Services Limited) and Ernst & Young International . ( signed by Judge Denise L. Cote ); (kkc) Modified on 10/29/2002 (Entered: 10/28/2002)


11/01/2002 472 NOTICE OF MOTION by Deloitte Touche Tohm for an order pursuant to Rule 56 of the FRCP for summary judgment . Return Date not indicated. (moc) (Entered: 11/04/2002)

11/01/2002 473 DECLARATION of William Jack by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment . (moc) (Entered: 11/04/2002)

11/01/2002 474 RULE 56.1 STATEMENT filed by Deloitte Touche Tohm (moc) (Entered: 11/04/2002)

11/01/2002 475 DECLARATION of Joseph J. Lambert by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment . (moc) (Entered: 11/04/2002)

11/01/2002 476 DECLARATION of Frank Kolhatkar by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment . (moc) (Entered: 11/04/2002)

11/01/2002 477 DECLARATION of Jean-Pierre Vercamer by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment . (moc) (Entered: 11/04/2002)

11/01/2002 478 MEMORANDUM OF LAW by Deloitte Touche Tohm in support of [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment . (moc) (Entered: 11/04/2002)

11/04/2002 479 Letter filed by Financial Asset Man. addressed to Judge Cote from Martin I. Kaminsky, dated 10/28/02, re: submission of letter from client confirming that it consents to withdrawal as counsel in this action. (djc) (Entered: 11/12/2002)

11/08/2002 482 NOTICE OF MOTION by the Settlement Class for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Young Bermuda and Kempe & Whittle Associates . Return Date 11/19/02 at 3:00. Proposed order attached. (dle) Modified on 11/14/2002 (Entered: 11/14/2002)

11/08/2002 483 MEMORANDUM OF LAW by the Settlement Class in support of [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Young Bermuda and Kempe & Whittle Associates . (dle) Modified on 11/14/2002 (Entered: 11/14/2002)

11/08/2002 484 DECLARATION of Stevven S. Honigman by Settlement Class in support Re: [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Young Bermuda and Kempe & Whittle Associates . (dle) (Entered: 11/14/2002)

11/08/2002 485 DECLARATION of Richard L. Stone by Settlement Class in support Re: [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Young Bermuda and Kempe & Whittle Associates . (dle) (Entered: 11/14/2002)

11/08/2002 486 Proof of mailing of supplemental notice to settlement class concerning application by settlement class counsel for attorneys fees and reimbursement of expenses and fee application hearing. (dle) (Entered: 11/14/2002)

11/08/2002 487 DECLARATION of Thomas Hackl by the Settlement Class in support Re: [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Young Bermuda and Kempe & Whittle Associates . (dle) (Entered: 11/14/2002)

11/12/2002 480 AFFIDAVIT of George Meierhofer in support of the withdrawl of the objection to the settlement class counsel's application for atty's fees and reimbursement of expenses.. (fk) (Entered: 11/14/2002)

11/13/2002 481 Memorandum to Docket Clerk:, that a settlement conference was held before Mag. Judge Freeman on 11/13/02 (pl) (Entered: 11/14/2002)

11/13/2002 Settlement Conference held on 11/13/02 before Magistrate Judge Debra C. Freeman . (pl) (Entered: 11/14/2002)

11/15/2002 488 Objection(s) to [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with

the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Young Bermuda and Kempe & Whittle Associates. (jco) (Entered: 11/20/2002)

11/15/2002 489 Objection(s) by Sirac Participations to [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Young Bermuda and Kempe & Whittle Associates. (jco) (Entered: 11/20/2002)

11/15/2002 490 Objection(s) by Priveq Investments, Inc. to [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Bermuda and Kempe & Whittle Associates. (jco) (Entered: 11/20/2002)

11/15/2002 491 Objection(s) by Grabrum Investment SA to [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Bermuda and Kempe & Whittle Associates. (jco) (Entered: 11/20/2002)

11/15/2002 492 Objection(s) by Andre Gillioz to [482-1] motion for a final order and judgment awarding attorneys' fees and reimbursement of expenses to settlement class counsel in connection with the settlement by the settlement class with dfts fund administration services, Ernst & Young Int'l., Ernst & Bermuda and Kempe & Whittle Associates. (jco) (Entered: 11/20/2002)

11/20/2002 Memo endorsed on motion; granting [467-1] motion for an Order permitting Martin I. Kaminsky to withdraw as counsel for FAM in these actions (Terminated attorney Martin I. Kaminsky for Financial Asset Man. ( signed by Judge Denise L. Cote ); Copies forwarded to Chambers. (kw) Modified on 11/21/2002 (Entered: 11/21/2002)

11/20/2002 493 ORDER; For the reasons stated on the record today, 22% of the amount recovered in the settlement with the Ernst & Young Defendants and Ernst & Young international, or $7,040,000, plus the requested expenses of $495,523.14, be placed in an escrow account, and that the balance of the settlement amount be distributed to the settlement class. Plaintiffs' counsel shall submit, no later than December 6, further documentation and arguments supporting the fee application ; ( signed by Judge Denise Cote ); (djc) Modified on 11/21/2002 (Entered: 11/21/2002)

11/27/2002 494 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V. for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. No Return Date. Affidavit of Irena S. Brobston attached. (sb) (Entered: 12/03/2002)

11/27/2002 495 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. (sb) (Entered: 12/03/2002)

12/04/2002 496 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman,

dated 12/2/02, granting Mr. Honigman's request that the 12/6 date set in the Bench Opinion for additional submissions concerning Kirby's portion of the fee application and the original proposal be extended to 12/13 ( signed by Judge Denise L. Cote ); (cd) (Entered: 12/05/2002)

12/04/2002 497 Memo-Endorsement on letter addressed to Judge Cote from Mark B. Holton, dated 11/21/02; Granting nunc pro tunc counsel to DTT an extension of time of one week, or through and including December 20, 2002 for DTT to serve its reply brief in support of its motion for summary judgment ; ( signed by Judge Denise L. Cote ); (djc) (Entered: 12/09/2002)

12/04/2002 502 ORDER, that dft FAM is deemed in default. An inquest on damages will be scheduled to occur after the trial of the claims pending against the remaining dfts . ( signed by Judge Denise L. Cote ); (dle) (Entered: 12/10/2002)

12/06/2002 503 ORDER, pursuant to the telephone conference held with the Court on 12/4/02 it is ordered that dfts' opposition to plaintiffs' [494-1] motion to Strike Deloitte's Foreign Law Expert Affidavits shall be due on 12/13/02 , plaintiffs' reply to their [494-1] motion to strike Deloittes Foreign Law Expert Affidavits shall be due on 12/20/02 , all expert discovery in these actions shall conclude on 1/17/03. This deadline shall not apply to experts on foreign law , should dft Deloitte & Touche Bermuda make a motion for summary judgment, it shall be filed by 1/31/03; any opposition shall be due February 21,2003; any reply 2/28/03 . ( signed by Judge Denise L. Cote ); (dle) (Entered: 12/10/2002)





12/10/2002 504 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 10/4/02. (ja) (Entered: 12/10/2002)

12/18/2002 505 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 12/12/02, Deft's Response to Motion reset for 12/23/02 re: [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. ; Plntfs' Reply to Response to Motion reset for 1/15/03 re: [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. ( signed by Judge Denise L. Cote ); (cd) (Entered: 12/19/2002)

12/18/2002 508 ORDER, defendant Deloitte Touche Tohmatsu's Reply to Response to Motion set for 1/17/03 re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment ; a trial in these actions shall commence on 10/13/03; a joint pretrial order, including any motions in limine, shall be filed on 9/5/03, and any filings responsive to motions brought on that date shall be due on 9/12/03; a final pretrial conference in these actions will be held on 9/26//03 at 9:00 a.m., in ctrm 11B, US Courthouse, 500 Pearl Street, NY, NY . ( signed by Judge Denise L. Cote ); (kw) (Entered: 12/27/2002)

12/23/2002 506 Memo-Endorsement on letter addressed to Judge Cote from Mark B. Holton, dated

12/20/02; Dft shall provide the Court by 01/03/03 with the papers it believes should be sealed, highlighting those passages it believes should not be made public ; ( signed by Judge Denise L. Cote ); (djc) (Entered: 12/24/2002)

12/23/2002 507 SEALED DOCUMENT placed in vault. (wv) Modified on 12/26/2002 (Entered: 12/26/2002)

12/23/2002 510 MEMORANDUM OF LAW by Deloitte & Touche Bu in opposition to [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. Received in the night deposit box on 12/23/02 at 6:38 p.m. (sb) Modified on 12/31/2002 (Entered: 12/31/2002)

12/23/2002 511 AFFIDAVIT of William A. Jack by Deloitte & Touche Bu in opposition to [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. Received in the night deposit box on 12/23/02 at 6:32 p.m. (sb) (Entered: 12/31/2002)

12/23/2002 Status Telephone Conference held on 12/23/02 before Magistrate Judge Debra C. Freeman. (tp) (Entered: 01/02/2003)

12/24/2002 509 ORDER, DTT shall produce to plainiffs by 12/27/02, the 1992 document entitled "Worldwide Visual Identity Standards", the 1998 document entitled "Global Action" and both 1998 documents entitled "Speak Global"; DTT shall provide to plaintiffs and the court, by 12/27/02 a copy of these documents showing what material they believe should not be publicly disclosed . ( signed by Judge Denise L. Cote ); (dle) (Entered: 12/30/2002)

12/27/2002 512 Memorandum to Docket Clerk: that a status telephone conference was held before Magistrate Judge Freeman on 12/23/02 . (tp) Modified on 01/02/2003 (Entered: 01/02/2003)

01/06/2003 533 Memorandum to Docket Clerk: that a Pretrial Telephone conference was held on 1/6/03 before Mag. Judge Freeman . (pl) (Entered: 01/29/2003)

01/06/2003 Telephone Conference held on 1/27/03 before Magistrate Judge Debra C. Freeman . (pl) (Entered: 01/29/2003)


01/08/2003 514 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, undated; granting counsel's request that the expert discovery cut-off date of January 17, 2003 be extended to allow plaintiffs to take the deposition of Deloitte's auditing expert, Fred Dunbar, on 01/28/03 ; ( signed by Judge Denise L. Cote ); (djc) (Entered: 01/13/2003)

01/15/2003 515 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 1/14/03. Plaintiffs' Reply to Response to Motion reset for 1/21/03 re: [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche . ( signed by Judge Denise L. Cote ); (kw) (Entered: 01/17/2003)





01/17/2003 525 REPLY MEMORANDUM by Deloitte Touche Tohm in support re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment. (tp) (Entered: 01/24/2003)

01/17/2003 526 DECLARATION of William Jack by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment. (tp) (Entered: 01/24/2003)

01/17/2003 527 SUPPLEMENTAL DECLARATION of Mark B. Holton by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment. (tp) (Entered: 01/24/2003)

01/17/2003 528 SUPPLEMENTAL DECLARATION of Frank Kolhatkar by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment. (tp) (Entered: 01/24/2003)

01/17/2003 529 SUPPLEMENTAL DECLARATION of Jean-Pierre Vercamer by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment. (tp) (Entered: 01/24/2003)

01/17/2003 530 REPLY RULE 56.1 STATEMENT filed by Deloitte Touche Tohmatsu. (tp) (Entered: 01/24/2003)


01/21/2003 521 REPLY MEMORANDUM by Cromer Finance, Ltd., Prival N.V. in support of [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. Received in the night deposit box on 1/21/03 at 5:11 p.m. (sb) (Entered: 01/23/2003)

01/21/2003 522 REPLY AFFIDAVIT of Irena S. Brobston by Cromer Finance, Ltd., Prival N.V. in further support of [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. Received in the night deposit box on 1/21/03 at 5:11 p.m. (sb) (Entered: 01/23/2003)

01/21/2003 523 AFFIDAVIT OF SERVICE of Declaration of Denise McGinn on 1/21/03. (tp) (Entered: 01/24/2003)

01/21/2003 524 DECLARATION of Denise McGinn by Deloitte Touche Tohm in support Re: [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment. (tp) (Entered: 01/24/2003)

01/23/2003 531 JUDGMENT. For the purposes of this Order, the Court adopts the terms defined in Paragraph 1 of the Stipulation. The Objections to the Fee Application are overruled and denied in all respects. Settlement Class Counsel are awarded fees in the amount of 22% of the amount that is finally apportioned as the Cromer Escrow Account, including the interest that has been earned on that amount since it was caused to be deposited in the escrow account by the FASB Defendants, plus reimbursement of

expenses in the amount of $495,523.14, all to be paid exclusively from the Cromer Escrow Account. Of the Attorneys' Fees Award $396,656 shall be paid to the Scotia Plaintiff as partial reimbursement of its legal fees as provided in Paragraph (10)(a) of the Stipulation, and the remainder shall be allocated between Thelen and Kirby in the proportions of 63% to Thelen and 37% to Kirby and shall be paid from the Cromer Escrow Account to Thelen and Kirby, respectively, in accordance with such allocation and the provisions of the Stipulation. Of the Expense Reimbursement, $263,575.92 shall be paid to Thelen and distributed by Thelen directly and pro rata to the parties who entered into retainer agreements with Thelen, and $231,947.22 shall be paid to Kirby. Further provisions set forth in this Judgment. ( signed by Judge Denise L. Cote ); Mailed copies and notice of right to appeal. Entered On Docket: 1/27/03. (yv) Modified on 01/27/2003 (Entered: 01/27/2003)

01/27/2003 534 Memo-Endorsement on letter addressed to Judge Cote from Gregory A. Horowitz, dated 1/24/03. Counsel for defendant DTB requests permission to schedule the deposition of DTB expert witness Dr. Dunbar on 2/4/03. Counsel for defendant DTB requests a one week extension to 2/7/03 to submit their brief in support of the summary judgment motion. The parties request that the plaintiffs' answering brief be due on 3/14/03, and defendant's reply brief be due on 3/28/03. Granted to all requests. ( signed by Judge Denise L. Cote ) (sb) (Entered: 01/31/2003)

01/28/2003 532 ORDER, the Opinion of 1/7 is unsealed ( signed by Judge Denise L. Cote ); (cd) (Entered: 01/29/2003)

01/29/2003 536 OPINION #88010; that the requested division of attorney's fees between Thelen and Kirby at a ratio of 63% to 37% is approved. Payment of the costs and expenses sought by Thelen and Kirby is also approved ; this opinion shall remain sealed until the conclusion of this litigation . ( signed by Judge Denise L. Cote ); this document was forwarded to the Case Managment Section. (pl) Modified on 02/19/2003 (Entered: 02/05/2003)

02/03/2003 535 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 12/11/02. (dt) (Entered: 02/03/2003)

02/04/2003 539 Memo-Endorsement on letter addressed to Judge Cote from Yehudis Lewis, dated 1/3/03; granting deft Deloitte & Touche Bermuda's application to remain under seal concerning the exhibits, or parts thereof, attached to the Affidavits of Alexandra Khlyavich and Jonathan Polonsky in opposition to Deloitte Touche Tohmatsu's Motion for summary judgment. The parteis shall seal these papers, and provide redacted papers in the unsealed motion papers. ( signed by Judge Denise L. Cote ); (sac) (Entered: 02/11/2003)



02/07/2003 540 NOTICE OF MOTION by Deloitte & Touche for summary judgment dismissing all claims against DTB in this matter with prejudice ; Return Date not indicated; Attached is Jack Affidavit and Dell Declaration; Oral Argument Requested (djc) (Entered: 02/11/2003)

02/07/2003 541 MEMORANDUM OF LAW by Deloitte & Touche in support of [540-1] motion

for summary judgment dismissing all claims against DTB in this matter with prejudice. (received in night dep. 5:44 p.m.) (djc) (Entered: 02/11/2003)

02/07/2003 542 RULE 56.1 STATEMENT filed by Deloitte & Touche (djc) (Entered: 02/11/2003)











02/19/2003 Memo endorsed on motion; denying [472-1] motion for an order pursuant to Rule 56 of the FRCP for summary judgment. ( signed by Judge Denise L. Cote ); (kw) (Entered: 02/20/2003)

02/19/2003 555 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [540-1] motion for summary judgment dismissing all claims against DTB in this matter with prejudice. (tp) (Entered: 02/25/2003)

02/19/2003 556 Document has been removed from official file as per 3/26/03 Order, Doc # 564 signed by Judge Cote. (tp) Modified on 03/27/2003 (Entered: 02/25/2003)

02/19/2003 557 COUNTER STATEMENT TO RULE 56.1 filed by Cromer Finance, Ltd., Prival N.V. (tp) (Entered: 02/25/2003)

02/19/2003 558 Document removed from official court file as per 3/26/03 Order, Doc # 564 signed by Judge Cote. Original document # 558 mailed to filer by Chambers. (gf) Modified on 03/27/2003 (Entered: 02/25/2003)

02/19/2003 553 OPINION AND ORDER #88088, Deloitte's motion, doc. #472, for summary judgment is denied . ( signed by Judge Denise L. Cote ); (kw) (Entered: 03/05/2003)

02/20/2003 554 ORDER, parties to show cause in writing by 3/7/03, why all briefs and Local Rule 56.1 statements submitted in conjunction with Deloitte Touche Tohmatsu's motion for summary judgment should not be unsealed, and why all remaining documents that have been sealed and submitted with this motion should not remain sealed . ( signed by Judge Denise L. Cote ); (kw) (Entered: 02/24/2003)

02/21/2003 559 ORDER, that any objections to the unsealing of page 31 of plaintiffs' opposition brief shall be submitted to the Court in writing, by 3/7/03; To the extent any party requests the unsealing of other documents submitted in conjunction with Deloitte

Touche Tohmatsu's motion for summary judgment, that request must also be made by 3/7/03 . ( signed by Judge Denise L. Cote ). (tp) (Entered: 02/25/2003)

03/06/2003 560 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 03/04/03; Plaintiffs' Response to Motion reset for 3/28/03 re: [540-1] motion for summary judgment dismissing all claims against DTB in this matter with prejudice ; Defendant's Reply to Response to Motion reset for 4/25/03 re: [540-1] motion for summary judgment dismissing all claims against DTB in this matter with prejudice ; There will be no further extensions ; ( signed by Judge Denise L. Cote ); (djc) (Entered: 03/07/2003)

03/06/2003 561 NOTICE OF MOTION by Deloitte & Touche for reconsideration of [553-1] opinion and order ; for certification of the Order for interlocutory appeal purs to 28 USC 1292(b) ; Return Date not indicated (cd) (Entered: 03/07/2003)

03/06/2003 562 MEMORANDUM OF LAW by Deloitte & Touche in support of [561-1] motion for reconsideration of [553-1] opinion and order, [561-2] motion for certification of the Order for interlocutory appeal purs to 28 USC 1292(b) . (cd) (Entered: 03/07/2003)

03/12/2003 563 ORDER; response to motion reset for 3/28/03 re: [561-1] motion for reconsideration of [553-1] opinion and order, for 3/28/03 re: [561-2] motion for certification of the Order for interlocutory appeal purs to 28 USC 1292(b) ; reply to response to motion reset for 4/4/03 re: [561-1] motion for reconsideration of [553-1] opinion and order, for 4/4/03 [561-2] motion for certification of the Order for interlocutory appeal purs to 28 USC 1292(b) . ( signed by Judge Denise L. Cote ); (pl) (Entered: 03/13/2003)

03/26/2003 564 ORDER: DTT's application for the sealing of certain portions of pltffs' opposition papers, as described in their submission of January 3, except for any requested redactions of pltffs' memorandum of law or Local Rule 56.1 statementm is GRANTED. Further Ordered that Document # 556, containing the affidavit of Jonathan E. Polansky and deposition transcripts, and # 558, the affidavit of Alexandra Khlyavich, shall be removed from the official court file. Further Ordered that pltffs will re-file documents 556 and 558 with the redactions requested by DTT, and file the unredacted pages under seal. Documents 556 and 558 haved been mailed back to filers by Chambers . ( signed by Judge Denise L. Cote ) (db) (Entered: 03/27/2003)










04/04/2003 574 REPLY MEMORANDUM by Deloitte Touche Tohm in support re: [561-1] motion for reconsideration of [553-1] opinion and order, [561-2] motion for certification of the Order for interlocutory appeal purs to 28 USC 1292(b) . (laq) (Entered: 04/07/2003)


04/25/2003 576 REPLY MEMORANDUM by Deloitte & Touche Bu in support re: [540-1] motion for summary judgment dismissing all claims against DTB in this matter with prejudice . (db) (Entered: 04/28/2003)











05/20/2003 587 COUNTER STATEMENT TO RULE 56.1 filed by Cromer Finance, Ltd. (sac) (Entered: 05/28/2003)

05/20/2003 588 REDACTED AFFIDAVIT of Jonathan E. Polonsky by Cromer Finance, Ltd. in opposition to [540-1] motion for summary judgment dismissing all claims against DTB in this matter with prejudice. (sac) (Entered: 05/28/2003)

05/20/2003 589 REDACTED AFFIDAVIT of Alexandra Khlyavich by Cromer Finance, Ltd. in opposition to [540-1] motion for summary judgment dismissing all claims against DTB in this matter with prejudice. (sac) (Entered: 05/28/2003)

05/20/2003 590 DEPOSITION TRANSCRIPT of record of proceedings before Judge Denise L. Cote. (sac) (Entered: 05/28/2003)

06/11/2003 591 DECLARATION of Michael J. Dell by Deloitte & Touche in opposition to Re: Cromer Plaintiffs' Motion to Strike DTB's Foreign Law Expert Reports. (This Document was filed under seal and unsealed on 6/11/03 by Judge Cote's endorsement on Doc. #507) (ae) (Entered: 06/11/2003)

06/11/2003 592 EXHIBITS TO THE DECLARATION OF MICHAEL J. DELL VOLUME II. (This Document was previously filed under seal and unsealed on 6/11/03 by Judge Cote's endorsement on doc. #538) (ae) (Entered: 06/11/2003)

06/11/2003 593 EXHIBITS TO THE DECLARATION OF MICHAEL J. DELL VOLUME I. (This

document was previously filed under seal and unsealed by Judge Cote's endorsement on doc. #538) (ae) (Entered: 06/11/2003)

06/11/2003 594 EXHIBITS TO THE DECLARATION OF MICHAEL J. DELL VOLUME III. (This Document was previously filed under seal and unsealed by Judge Cote's endorsement on doc. #537) (ae) (Entered: 06/11/2003)


06/11/2003 596 Letter filed by Deloitte & Touche Bu addressed to Judge Denise L. Cote from Stephen J. Katz, dated 5/9/03, re: Decl. of M.Dell exhibits. (dle) (Entered: 06/12/2003)

06/23/2003 597 Memo-Endorsement on letter addressed to Judge Cote from Alexandra Khlyavich, dated 6/19/03. Re: counsel for dfts request instructions from the Court in re: 3/28/03 filing. Pltffs to re-file corrected papers by 6/23/03; when Exhibit 33 to the affidavit of Veronica E. Rendon in support of pltffs 3/28/03 opposition to Deloitte's motion for summary judgment is unsealed, that itreflect the Court's 1/10/03 and 3/25/03 rulings . ( signed by Judge Denise L. Cote ) (db) (Entered: 06/23/2003)

06/23/2003 598 ORDER; the parties in the Cromer action are directed to appear at a conference to be held on 7/31/03 at 10:00 a.m., at the U.S. Courthouse, 500 Pearl St. in Courtroom 11B. ( signed by Judge Denise L. Cote ); (sac) (Entered: 06/23/2003)

06/23/2003 599 Memo-Endorsement on letter addressed to Judge Cote from Stephen J. Katz, dated 5/30/03. counsel for defendant Deloitte & Touche Bermuda requests that the exhibits, or parts thereof, attached to the 3/28/03 affidavit of Veronica Rendon filed in opposition to DTB's motion for summary judgment remain under seal. Sealing of 33 excerpts, 40, and 45 approved. Denying request that Exhibit 45 in addition to Exhibits 12,18,21,22,23,24,37,46 and those portions of Exhibits 13,14 and 39 that include DTB's electronic workpapers remain under seal. Denying request that Exhibit 31 attached to plaintiff's opposition papers as supposed proof of DTB's contacts with the United States remain under seal. Denying request that Exhibits 47 and 49 remain under seal . ( signed by Judge Denise L. Cote ); (yv) (Entered: 06/24/2003)

06/23/2003 600 MEMORANDUM OPINION # 88663, denying [561-1] motion for reconsideration of [553-1] opinion and order, denying [561-2] motion for certification of the Order for interlocutory appeal purs to 28 USC 1292(b) . ( signed by Judge Denise L. Cote ); (yv) (Entered: 06/24/2003)

06/23/2003 601 OPINION AND ORDER # 88664: Deloitte Touche Bermuda's [540-1] motion for summary judgment is DENIED with the exception of its motion to bar any presumption of reliance for the common laws claims. Decision is reserved on pltff's motion to strike the affidavits of foreign law. ( signed by Judge Denise L. Cote ) (db) (Entered: 06/24/2003)


06/25/2003 Memo endorsed on motion; that the Court is denying the [561-1] motion for reconsideration of [553-1] opinion and order, denying [561-2] motion for certification of the Order for interlocutory appeal purs to 28 USC 1292(b). ( signed by Judge Denise L. Cote ). (tp) (Entered: 06/26/2003)

06/25/2003 Memo endorsed on motion; That the Court is denying the [540-1] motion for summary judgment dismissing all claims against DTB in this matter with prejudice. ( signed by Judge Denise L. Cote ). (tp) (Entered: 06/26/2003)


07/22/2003 605 NOTICE OF MOTION by Deloitte & Touche Bu for an Order pursuant to Rule 23 of the FRCP decertifying the class or, in the alternative pursuant to 28 U.S.C. 1367 dismissing plaintiffs' pendent common law claims and/or, that only the federal damages scheme should be applied to the apportionment of and obligation for damages and/or for separate trials relating to any remaining claims . Return Date not indicated. (yv) (Entered: 07/24/2003)

07/22/2003 606 MEMORANDUM OF LAW by Deloitte & Touche Bu in support of [605-1] motion for an Order pursuant to Rule 23 of the FRCP decertifying the class, [605-2] motion pursuant to 28 U.S.C. 1367 dismissing plaintiffs' pendent common law claims, [605-3] motion that only the federal damages scheme should be applied to the apportionment of and obligation for damages and/or for separate trials relating to any remaining claims . (yv) (Entered: 07/24/2003)

07/22/2003 607 DECLARATION of Michael J. Dell by Deloitte & Touche Bu Re: exhibits referred to in [605-1] motion for an Order pursuant to Rule 23 of the FRCP decertifying the class, [605-2] motion pursuant to 28 U.S.C. 1367 dismissing plaintiffs' pendent common law claims, [605-3] motion that only the federal damages scheme should be applied to the apportionment of and obligation for damages and/or for separate trials relating to any remaining claims . (yv) (Entered: 07/24/2003)

07/23/2003 604 Memo-Endorsement on letter addressed to Judge Cote from Yehudis Lewis, dated 7/3/03: that the 7/31/03 conference is rescheduled for 7/23/at 2:00 p.m. . ( signed by Judge Denise L. Cote ). (tp) (Entered: 07/24/2003)

07/30/2003 608 Memo-Endorsement on letter addressed to Judge Cote from Wesley G. Howell, dated 7/28/03. The alternative theory to which the Court referred is described in Cromer, 245 # Supp. 2d at 561. The issue has been fully briefed and need not be further addressed by the parties . ( signed by Judge Denise L. Cote ); (kw) (Entered: 07/31/2003)

08/13/2003 609 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 08/11/03; granting parties' request that Your Honor act as mediator in this dispute ; ( signed by Judge Denise L. Cote ); (djc) (Entered: 08/18/2003)

08/18/2003 610 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V. for an Order granting summary judgment that this Court has personal jurisdiction with respect to defendant Deloitte & Touche (Bermuda) . Return Date not indicated. (yv) (Entered: 08/20/2003)

08/18/2003 611 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. re: trial management issues. (yv) (Entered: 08/20/2003)

08/18/2003 612 AFFIDAVIT of Steven S. Honigman by Cromer Finance, Ltd., Prival N.V. Re: documents in connection with [611-1] memorandum . (yv) (Entered: 08/20/2003)

08/20/2003 613 Memo-Endorsement on letter addressed to judge Cote from Veronica E. Rendon, dated 8/18/03, granting plntfs' request that the Memo Concerning Trial

Management Issues be 58 pages ( signed by Judge Denise L. Cote ); (cd) (Entered: 08/21/2003)

08/22/2003 614 Memo-Endorsement on letter addressed to Judge Cote from Yehudis Lewis, dated 8/21/03. counsel for defendant request that the Court extend defendants' time to respond to plaintiffs' brief on trial management issues until 9/5/03. Application granted . ( signed by Judge Denise L. Cote ); (yv) (Entered: 08/26/2003)

09/02/2003 615 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 7/23/03. (df) (Entered: 09/03/2003)

09/02/2003 622 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 8/29/03; granting the parties request for an extension of time for the parties to submit the Documents and Objections concerning trial management issues . ( signed by Judge Denise L. Cote ); (ae) (Entered: 09/08/2003)





09/04/2003 623 NOTICE OF MOTION by Deloitte & Touche in limine to exclude testimony of Candace Preston and Evidence Concerning Damages of Unnamed Class Members ; Return Date not indicated (cd) (Entered: 09/10/2003)

09/04/2003 624 MEMORANDUM OF LAW by Deloitte & Touche in support of [623-1] motion in limine to exclude testimony of Candace Preston and Evidence Concerning Damages of Unnamed Class Members . (cd) (Entered: 09/10/2003)

09/04/2003 Motion No Longer Referred: re: [623] Motion in Limine filed by Deloitte & Touche. (dw, ) (Entered: 07/28/2004)



09/05/2003 625 PROPOSED VOIR DIRE QUESTIONS by Deloitte & Touche Bu (docmt received in night dep. 09/05 (djc) (Entered: 09/11/2003)

09/05/2003 626 REQUEST TO CHARGE by Deloitte & Touche Bu . (djc) (Entered: 09/11/2003)

09/05/2003 627 Deloitte Topuche Tohmatsu's Proposed Jury instructions (cd) (Entered: 09/12/2003)

09/05/2003 628 REQUEST TO CHARGE by Cromer Finance, Ltd., Prival N.V. (cd) (Entered: 09/12/2003)

09/05/2003 629 PROPOSED VOIR DIRE QUESTIONS by Cromer Finance, Ltd., Prival N.V. . (cd) (Entered: 09/12/2003)

09/05/2003 630 NOTICE OF MOTION by Deloitte & Touche in limine re Post-Audit Organizational Changes ; Return Date not indicated (cd) (Entered: 09/12/2003)

09/05/2003 631 MEMORANDUM OF LAW by Deloitte & Touche in support of [630-1] motion in limine re Post-Audit Organizational Changes . (cd) (Entered: 09/12/2003)

09/05/2003 632 NOTICE OF MOTION by Deloitte & Touche in limine re statements by DTT to Third Parties ; Return Date not indicated (cd) (Entered: 09/12/2003)

09/05/2003 633 MEMORANDUM OF LAW by Deloitte & Touche in support of [632-1] motion in limine re statements by DTT to Third Parties . (cd) (Entered: 09/12/2003)

09/05/2003 634 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of their motion in limine to exclude The SEC consent order (cd) (Entered: 09/12/2003)

09/05/2003 635 MEMORANDUM OF LAW by Deloitte & Touche re: Court's comments at the 7/23 conference (cd) (Entered: 09/12/2003)

09/05/2003 636 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of their motion to admit handwritten notes by David Rathbone (cd) (Entered: 09/12/2003)

09/05/2003 637 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of thier motino to admit in evidence at trial and E'mail dated 3/18/99 (cd) (Entered: 09/12/2003)

09/05/2003 638 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of thier motion in limine to srike and preclude poritons of the Report of Frederick Dunbar (cd) (Entered: 09/12/2003)

09/05/2003 639 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of their motion in limine to exclude evidence of prior litigations re Prival or Rolf Meijer-WErner (cd) (Entered: 09/12/2003)

09/05/2003 640 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of their motion in limine to exclude all evidence re absent class mebers national origins from trial (cd) (Entered: 09/12/2003)

09/05/2003 641 REPLY MEMORANDUM by Deloitte & Touche re: its Motion for DeCertification of the Class (cd) (Entered: 09/12/2003)



09/24/2003 642 ORDER, dismissing, as moot, [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. ( signed by Judge Denise L. Cote ); Copies forwarded by chambers. (kw) (Entered: 09/25/2003)

09/25/2003 Memo endorsed on motion; That the Court is denying as moot, the [494-1] motion for an order striking the foreign law expert affidavits of Saul M. Froomkin and T.A.G. Beazley submitted on behalf of Deloitte & Touche. ( signed by Judge Denise L. Cote ). (tp) (Entered: 09/26/2003)

10/01/2003 643 REVISED Pltffs Witness list by Cromer Finance, Ltd., Prival N.V. to Joint Pre-Trial Order. (db) (Entered: 10/02/2003)

10/09/2003 644 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 10/7/03; granting pltffs, Deloitte Bermuda and Deloitte Touche Tohmatsu request that the pending trial be adjourned without date. ( signed by Judge Denise L. Cote ); (sac) (Entered: 10/10/2003)

11/06/2003 645 ORDER; preliminary approval order with respect to proposed settlement, notice and hearing on proposed settlement . ( signed by Judge Denise L. Cote ); (pl) (Entered: 11/10/2003)

01/12/2004 650 CERTIFICATION/AFFIDAVIT of Malcolm Butterfield. Document filed by Manhattan Investment Fund, Ltd. (djc, ) (Entered: 01/30/2004)

01/21/2004 647 DECLARATION of Steven S. Honigman in Support of Plaintiffs' Motion for Final Order and Judgment Approving Settlement and Dismissal of Claims sagainst Deloitte & Touche (Bermuda), Deloitte Touche Tohmatsu and Deloitte & Touche LLP. Document filed by Deloitte & Touche (Burmuda), Deloitte Touche Tohmatsu. (djc, ) (Entered: 01/30/2004)

01/21/2004 648 DECLARATION of Mark B. Holton in Support of Plaintiffs' Motion for Final Order and judgment Approving Settlement and Dismissal of Claims Against Deloitte & Touche (Bermuda), Deloitte Touche Tohmatsu and Deloitte & Touche LLP. Document filed by Deloitte & Touche (Burmuda), Deloitte Touche Tohmatsu. (djc, ) (Entered: 01/30/2004)

01/21/2004 649 DECLARATION of Michael J. Dell in Support of Plaintiffs' Motion for Final Order and Judgment Approving Settlement and Dismissal of Claims Against Deloitte & Touche(Bermuda) Deloitte Touche Tohmatsu and Deloitte & Touche LLP. Document filed by Deloitte & Touche (Burmuda), Deloitte & Touche L.L.P., Deloitte Touche Tohmatsu; also advises the Court that defendant Deloitte Bermuda joins in the motion by Plaintiffs for a Final Order. (djc, ) (Entered: 01/30/2004)

01/21/2004 651 MEMORANDUM OF LAW in Support of Motion for Final Order and Judgment Approving Settlement and Dismissal of Claims Against Deloitte & Touche (Bermuda) Deloitte Touce and Deloitte & Touche LLP. Document filed by Cromer Finance, Ltd., Prival N.V. (djc, ) (Entered: 01/30/2004)

01/21/2004 652 DECLARATION of Steven S. Honigman in Support of the Application of Class Counsel for Attorneys' Fees and Reimbursement of Expenses. (djc, ) (Entered: 01/30/2004)

01/21/2004 653 DECLARATION of Richard L. Stone in Support of the Application of Kirby McInerney & Squire for Attorneys' fees and Reimbursement of Expenses. Document filed by Cromer Finance, Ltd. (djc, ) (Entered: 01/30/2004)

01/21/2004 654 MEMORANDUM OF LAW in Support of Application of Class Counsel for Award of Attorneys' fees and Reimbursement of Expenses. (djc, ) (Entered: 01/30/2004)

01/23/2004 646 DECLARATION of Helen Gredd, Chapter 11 Trustee in connection with the application by the plaintiffs in this action and defendants Deloitte & Touche (Bermuda). Document filed by Manhattan Capital Management, Inc., Manhattan Investment Fund, Ltd. (tp, ) (Entered: 01/29/2004)

01/30/2004 655 FINAL ORDER AND JUDGMENT approving settlement and dismissal of claims against Deloitte. (Signed by Judge Denise L. Cote on 1/28/04) (ml, ) (Entered: 01/30/2004)

02/13/2004 656 Letter addressed to Judge Denise L. Cote from Steven S. Honigman dated 2/10/04 re: Co-Counsel to the class in this action respectfully submit this letter in response to the Court's request, at the January 23rd settlement Hearing, for additional information and analysis concerning the prospective award of attorney's fees to Class Counsel in connection with the Deloitte Settlement to which the Court has given final approval. Document filed by Cromer Finance, Ltd. (jco, ) (Entered: 02/18/2004)

02/13/2004 657 DECLARATION of Richard L. Stone in Support of the application of Kirby McInerney & Squire for attorneys' fees and reimbursement of expenses. (jco, ) (Entered: 02/18/2004)

02/17/2004 658 ORDER; the fee application for an attorneys' fee award of 22% is approved, including the payment of fees to Kirby McInerney & Squire as described by co-counsel for the Class in their original fee application. The application for payment of expenses as described in the original fee application is approved. (Signed by Judge Denise L. Cote on 2/13/04) (sn) (Entered: 02/19/2004)

02/25/2004 659 FINAL ORDER AND JUDGMENT awarding attorneys' fees and reimbursement of expenses to class counsel. (Signed by Judge Denise L. Cote on 2/24/04) (ml, ) (Entered: 02/25/2004)

02/27/2004 660 MOTION for Default Judgment as to defts Micahel Berger and Financial Asset Management. Document filed by Cromer Finance, Ltd. Responses due by 3/12/2004 (cd, ) (Entered: 03/02/2004)

02/27/2004 661 DECLARATION of Steven Honigman in Support re: [660] MOTION for Default Judgment. Document filed by Cromer Finance, Ltd.. (cd, ) (Entered: 03/02/2004)

03/01/2004 662 MOTION for Entry of Default as to Defendants Michael Berger and Financial Asset Management, Inc.. Document filed by Cromer Finance, Ltd., Prival N.V.. (sac, ) (Entered: 03/03/2004)

03/01/2004 663 DECLARATION of Scott M. Berman in Support re: [662] MOTION for Entry of Default as to Defendants Michael Berger and Financial Asset Management, Inc. Document filed by Cromer Finance, Ltd., Prival N.V.. (sac, ) (Entered: 03/03/2004)

03/18/2004 MEMO ENDORSEMENT on re: [660] MOTION for Default Judgment as to Michael erger and Financial Asset Management, Inc.. filed by Cromer Finance, Ltd. granting the motion (Signed by Judge Denise L. Cote on 3/17/04) (ml, ) (Entered: 03/23/2004)

03/19/2004 665 DEFAULT JUDGMENT # 04,0544 in favor of plaintiffs against Michael Berger, Financial Asset Management, Inc. in the amount of $ 296,694,862.71. (Signed by Judge Denise L. Cote on 3/17/04) (ml, ) (Entered: 03/24/2004)

03/22/2004 664 TRANSCRIPT of proceedings held on 1/23/04 at 2:00 p.m. before Judge Denise L. Cote.(ph, ) (Entered: 03/22/2004)

03/23/2004 666 DEFAULT JUDGMENT # 04,0544 in favor of plaintiffs against Michael Berger,

Financial Asset Management, Inc. in the amount of $ 296,694,862.71. (Signed by Judge Denise L. Cote on 3/23/04 nunc pro tunc to 3/17/04) (ml, ) (Entered: 03/24/2004)

09/03/2004 667 ORDER re: [632] Motion in Limine filed by Deloitte & Touche, [623] Motion in Limine filed by Deloitte & Touche, and [630] Motion in Limine filed by Deloitte & Touche are dismissed as moot. (Signed by Judge Denise L. Cote on 9/3/04) (kw, ) (Entered: 09/09/2004)

08/04/2005 668 ORDER OF DISMISSAL, given that complet relief has been accorded to the parties in 00-2284 and 00-2498, the Clerk of the Court shal cose these cases. (Signed by Judge Denise L. Cote on 9/2/05) (cd, ) (Entered: 09/08/2005)

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