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Page 1: U.S. District Court Southern District of New York (Foley Square) …securities.stanford.edu/filings-documents/1038/BSCI99_01/... · 2009-10-02 · US District Court Civil Docket as

US District Court Civil Docket as of 09/30/2009 Retrieved from the court on Friday, October 02, 2009

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

CIVIL DOCKET FOR CASE #: 1:99-cv-00793-PAC-RLE

Fezzani, et al v. Bear, Stearns & Co., et al Assigned to: Judge Paul A. Crotty Referred to: Magistrate Judge Ronald L. Ellis Demand: $0 Cause: 15:77 Securities Fraud

Date Filed: 02/02/1999 Date Terminated: 09/30/2009 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Mohammed Fezzani represented by Max Folkenflik

Folkenflik & McGerity 1500 Broadway, 21st Floor New York , NY 10036 (212) 757-0400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Cirenaca Foundation represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Dr. Victoria Blank represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Lester Blank represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

James Bailey represented by Max Folkenflik

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

Plaintiff

Jane Bailey represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Baydel Ltd. represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Margaret Burgess represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Patrick Burgess represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Bootlesville Trust represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Adam Cung represented by Max Folkenflik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant

Bear, Stearns & Co. Inc. TERMINATED: 09/23/2008

represented by Jonathan Nicholas Francis Arnold & Porter, LLP 399 Park Avenue New York , NY 10022 (212)-715-1719 Fax: (212)-715-1399 Email: [email protected] Michael David Schissel Arnold & Porter, LLP 399 Park Avenue New York , NY 10022 (212) 715-1000 Fax: (212)-715-1399 Email: [email protected]

Defendant

Bear, Stearns Securities Corp. TERMINATED: 09/23/2008

represented by Jonathan Nicholas Francis (See above for address) Michael David Schissel (See above for address)

Defendant

Richard Harriton TERMINATED: 09/23/2008

represented by David Lloyd Wales Rosenman & Colin, L.L.P. 575 Madison Avenue New York , NY 10022 (212) 940-8800 LEAD ATTORNEY Howard Wilson Proskauer Rose LLP (New York) 1585 Broadway New York , NY 10036 (212)-969-3190 Fax: (212)-969-2900 Email: [email protected] LEAD ATTORNEY

Defendant

Andrew Bressman TERMINATED: 09/23/2008

Defendant

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Arthur Bressman TERMINATED: 09/23/2008

Defendant

Richard Acosta TERMINATED: 09/23/2008

represented by Richard Acosta 99R0556 Adirondack Corr. Fac. P.O. Box 110 Raybrook, NY 12977 PRO SE

Defendant

Glenn O'Hare TERMINATED: 09/23/2008

Defendant

Joseph Scanni TERMINATED: 09/23/2008

Defendant

Brett Hirsch TERMINATED: 09/23/2008

Defendant

Garvey Fox TERMINATED: 09/23/2008

Defendant

Matthew Hirsch TERMINATED: 09/23/2008

represented by Max Folkenflik (See above for address) LEAD ATTORNEY

Defendant

Richard Simone TERMINATED: 09/23/2008

Defendant

Charles Plaia TERMINATED: 09/23/2008

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Defendant

John McAndris TERMINATED: 09/23/2008

Defendant

Jack Wolynez TERMINATED: 09/23/2008

represented by Donald Albert Corbett Dickstein Shapiro LLP (NYC) 1633 Broadway New York , NY 10019-6708 (212) 277-6500 Fax: (212) 277-6501 Email: [email protected] LEAD ATTORNEY Ira Lee Sorkin Dickstein Shapiro LLP (NY) 1177 Avenue of the Americas New York , NY 10036 (212) 277-6500 Fax: (212) 277-6501 Email: [email protected] LEAD ATTORNEY Joseph Asaro , Sr Carter Ledyard & Milburn LLP 2 Wall Street New York , NY 10005 212-732-3200 Fax: 212-732-3232 Email: [email protected] TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Robert Gilbert TERMINATED: 09/23/2008

Defendant

First Hanover Securities, Inc. TERMINATED: 09/23/2008

Defendant

Banque Audi Suisse Geneve TERMINATED: 09/23/2008

represented by John Edward Tardera Winston & Strawn LLP (NY) 200 Park Avenue

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New York , NY 10166 212-294-6700 Fax: 212-294-4700 Email: [email protected] TERMINATED: 04/05/2007 LEAD ATTORNEY

Defendant

Fozie Farkash TERMINATED: 09/23/2008

Defendant

Rawai Raes TERMINATED: 09/23/2008

Defendant

Basil Shiblaq TERMINATED: 09/23/2008

Defendant

Iyad Shiblaq TERMINATED: 09/23/2008

Defendant

Ken Stokes TERMINATED: 09/23/2008

represented by Stuart L. Melnick Stuart L. Melnick, LLC 100 Park Avenue, 33rd Floor New York , NY 10017 (212) 682-9200 Fax: (212) 682-7355 Email: [email protected] LEAD ATTORNEY

Defendant

Isaac R. Dweck Individually and as custodian for Nathan Dweck TERMINATED: 09/23/2008

represented by Donald Neil Cohen Greenberg Traurig, LLP (NYC) 200 Park Avenue New York , NY 10166 212-801-2171 Fax: 212-754-8531 Email: [email protected] LEAD ATTORNEY

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Timothy Edward Di Domenico Greenberg Traurig, LLP (NYC) 200 Park Avenue New York , NY 10166 212.801.2127 Fax: 212.224.6104 Email: [email protected] LEAD ATTORNEY William D. Briendel Greenberg Traurig 15th Floor 200 Park Avenue New York , NY 10166 212-801-9200 LEAD ATTORNEY

Defendant

Barbara Dweck TERMINATED: 09/23/2008

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Morris I. Dweck TERMINATED: 09/23/2008

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Ralph I. Dweck TERMINATED: 09/23/2008

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY

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Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Millo Dweck TERMINATED: 09/23/2008

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Beatrice Dweck TERMINATED: 09/23/2008

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Richard Dweck TERMINATED: 12/27/2006

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

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Defendant

Jack Dweck TERMINATED: 09/23/2008

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Isaac B. Dweck TERMINATED: 12/27/2006

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Hank Dweck TERMINATED: 12/27/2006

represented by Donald Neil Cohen (See above for address) LEAD ATTORNEY Timothy Edward Di Domenico (See above for address) LEAD ATTORNEY William D. Briendel (See above for address) LEAD ATTORNEY

Defendant

Morris Wolfson TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin

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(See above for address) LEAD ATTORNEY Joseph Asaro , Sr (See above for address) TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Arielle Wolfson TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin (See above for address) LEAD ATTORNEY Joseph Asaro , Sr (See above for address) TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Aaron Wolfson TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin (See above for address) LEAD ATTORNEY Joseph Asaro , Sr (See above for address) TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Abraham Wolfson TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin (See above for address) LEAD ATTORNEY Joseph Asaro , Sr (See above for address)

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TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Tovie Wolfson TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin (See above for address) LEAD ATTORNEY Joseph Asaro , Sr (See above for address) TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Anderer Associates TERMINATED: 09/23/2008

Defendant

Boston Partners TERMINATED: 09/23/2008

Defendant

Wolfson Equities TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin (See above for address) LEAD ATTORNEY Joseph Asaro , Sr (See above for address) TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Turner Scharer TERMINATED: 09/23/2008

Defendant

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Chana Sasha Foundation TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY

Defendant

United Congregation Mesarah TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin (See above for address) LEAD ATTORNEY

Defendant

Fahnestock & Co. Inc. TERMINATED: 09/23/2008

represented by John Edward Tardera (See above for address) TERMINATED: 04/05/2007 LEAD ATTORNEY Thomas John Quigley Winston & Strawn LLP (NY) 200 Park Avenue New York , NY 10166 (212) 294-6700 Fax: (212) 294-4700 Email: [email protected]

Defendant

Donald & Co. TERMINATED: 11/03/2005

represented by Marc J. Ross Sichenzia, Ross & Friedman, & Ference,L.L.P. 1065 Avenue of the Americas New York , NY 10018 (212) 930-9700 LEAD ATTORNEY

Defendant

Barry Gesser TERMINATED: 09/23/2008

represented by Donald Albert Corbett (See above for address) LEAD ATTORNEY Ira Lee Sorkin (See above for address) LEAD ATTORNEY Joseph Asaro , Sr

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(See above for address) TERMINATED: 09/22/2005 LEAD ATTORNEY

Defendant

Michael Ryder TERMINATED: 09/23/2008

Defendant

Apollo Equities represented by Ira Lee Sorkin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph Asaro , Sr (See above for address) TERMINATED: 09/22/2005 LEAD ATTORNEY Donald Albert Corbett (See above for address) TERMINATED: 09/22/2005 ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/02/1999 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 336205. (em) (Entered: 02/05/1999)

02/02/1999 2 RULE 1.9 CERTIFICATE filed by Mohammed Fezzani, Cirenaca Foundation, Victoria Blank, Lester Blank, James Bailey, Jane Bailey, Baydel Ltd., Margaret Burgess, Patrick Burgess, Bootlesville Trust and Adam Cung. (em) (Entered: 02/05/1999)

02/02/1999 Magistrate Judge Ellis is so Designated. (em) (Entered: 02/05/1999)

05/17/1999 3 ORDER; that the Court stays discovery except for the production of customer agreements regarding arbitration ; motions shall be served on 7/30/99. Answers by 9/23/99. Reply by 10/8/99 ; fully submitted motion shall be filed on 10/8/99 ( signed by Judge Richard C. Casey ); Copies mailed (jp) (Entered: 05/18/1999)

06/01/1999 4 Filed Memo-Endorsement on letter to Judge Casey from Max Folkenkflik dated 5/24/99, granting plaintiffs request for an extension of the 120 day period to serve all defendants in accordance with Rule 4 (m) (signed by Judge Richard C. Casey) (ri) (Entered: 06/02/1999)

06/03/1999 5 Affidavit of service as to Donald & Co. by Paul Favata on 5/26/99 Answer due on 6/15/99 for Donald & Co. (cd) (Entered: 06/04/1999)

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07/12/1999 6 Transcript of record of proceedings before Judge Casey filed for dates of 5/14/99 (jp) (Entered: 07/13/1999)

07/20/1999 7 Filed Memo-Endorsement on letter addressed to Judge Casey from Margaret McGerity, dated 7/16/99; granting counsel an additional 60 days for pltff to either serve or decide to dismiss the defts from this action. ( signed by Judge Richard C. Casey ); Copies mailed. (sac) (Entered: 07/21/1999)

08/03/1999 8 Filed Memo-Endorsement on letter addressed to Judge Casey from Laurie J. Dolinger, dated 7/29/99; reset answer to the complt. due for 9/30/99 for Donald & Co. ; ( signed by Judge Richard C. Casey ); copies mailed. (ls) (Entered: 08/04/1999)

08/06/1999 23 NOTICE OF MOTION (filed on 8/6/00) by Banque Audi Suisse; for an order pursuant to Rule F.R.C.P. 12(b)(5), 12(b)(6) and 9(b), dismissing the Complaint in its entirety as against Banque Audi Suisse Geneve for improper service, failure to plead a viable cause of action, failure to plead fraud with particularity, failure to comply with the applicable statue of limitations, for lack of subject matter jurisdiction ; w/ attch. decla. in support by Michael Audi; Return date: not indicated. (pl) (Entered: 04/11/2000)

08/06/1999 26 NOTICE OF MOTION (filed on 8/6/99) by Fahnestock & Co.; for an order pursuant to F.R.C.P. Rule 12(b)(6) and 9(b), dismissing the Complaint in its entirety as against Fahnestock & Co. Inc. for failure to plead any viable cause of action as to Fahnestock, for failure to plead fraud with particularity, for failure to commence this action prior to expiration of the applicable staute of limitations, for lack of subject matter jurisdiction over the pendent State law claims ; w/ attch. declar. in support by John E. Tardera; Return date; not indicated. (pl) (Entered: 04/11/2000)

08/06/1999 43 NOTICE OF MOTION by Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Anderer Associates, Boston Partners, Wolfson Equities, Turner Scharer, Chana Sasha Found., United Congregation, Barry Gesser, Michael Ryder, Apollo Equities for an Order, pursuant to Rules 12(b)(6), 9 and 8 of the FRCP, dismissing the Complaint for failure to state a claim upon which relief can be granted, failure to plead fraud with the requisite particularities and failure to provide a short concise statement of claims . Return date not indicated. Affidavit of Joseph R. Gagliano, Jr. in Support of Motion attached. (yv) (Entered: 11/28/2001)

09/21/1999 9 Filed Memo-Endorsement on letter addressed to Judge Casey from Margaret McGerity, dated 09/16/99, counsel to plaintiff requests an additional 60 days for service in order to resolve some remaining open issues. Application granted. (signed by Judge Richard C. Casey); Copies mailed. (djc) (Entered: 09/21/1999)

09/23/1999 10 Filed Memo-Endorsement on letter addressed to Judge Casey from Laurie J. Dolinger, dated 9/21/99, granting defendant Donald & Co.'s request to extend the time in which they may answer or move with respect to the complaint until 11/5/99 (signed by Judge Richard C. Casey); Copies mailed. (ri) (Entered: 09/24/1999)

09/29/1999 11 Order that the case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial /Including Initial Case Management Conference ( signed by Judge Richard C. Casey ). Referred to Magistrate Judge Ronald L. Ellis (cd) (Entered: 09/29/1999)

09/30/1999 12 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Including Initial Case Mgmt. Conference ( signed by Judge

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Richard C. Casey ) Referred to Magistrate Judge Ronald L. Ellis (emil) (Entered: 10/04/1999)

10/26/1999 13 STIPULATION and ORDER EXTENDING TIME TO ANSWER OF DEFENDANT FIRST HANOVER SECURITIES; Hanover's time to answer or otherwise respond to the complaint is stayed pending the resolution of the pending dispositive motions filed by other defendants and that Hanover shall answer or otherwise respond to the complaint within thirty days from the earlier of (ii) the entry of an order sustaining the complaint in its present form or (ii) the service of an amended complaint . (signed by Judge Richard C. Casey) (djc) (Entered: 10/28/1999)

11/02/1999 Pretrial Conference held before Magistrate Judge Ronald L. Ellis (cd) (Entered: 11/04/1999)

11/04/1999 14 ORDER, the parties having appeared before this Court for resolution of discovery disputes, and pltff has requested computer disks with files of defts' briefs of their motion to dismiss, it is ordered that defts provide pltff with the disks by 11/5/99. Deft Bear Sterns is directed to provide a copy of this Order to the other parties . ( signed by Magistrate Judge Ronald L. Ellis ); Copies mailed. (sn) (Entered: 11/05/1999)

11/08/1999 15 REVISED SCHEDULING ORDER: that plaintiffs may submit an answering memorandum of law, totaling no more than 60 pages; That plaintiffs may submitt an answering memorandum of law, totaling no more than 60 pages; That the briefing schedule as to the pending motions to dismiss be modified in accordance with the schedule as follows: Plaintiffs last day to serve any motions or memorandums in response to the motions now pending before this Court by hand or other method on defendants so as to arrive no later than 11/12/99. Defendants' last day to submit a reply, if any, to plaintiffs' response to the motions now pending before this Court is 12/17/99. (signed by Judge Richard C. Casey); Copies mailed. (ri) Modified on 11/12/1999 (Entered: 11/08/1999)

11/08/1999 16 STIPULATION and ORDER; that deft Donald & Co.'s time to answer or otherwise move with respect to the complaint has been extended and adjourned until 30 days after receipt by Donald's counsel of the Notice of Entry of the Order deciding the motions to dismiss filed on behalf of the following parties: 1. Kenneth A. Stokes, 2. Bear, Stearns & Co., Inc. and Bear Stearns Securities Corp, 3. Fahnestock & Co., Inc., 4. Isaac R. Dweck, Nathan Dweck, Barbara Dweck, Morris I. Dweck, Ralph I. Dweck, and Jack Dweck, and 5. Banque Audi Suisse Geneve ( signed by Judge Richard C. Casey ) (jp) Modified on 11/12/1999 (Entered: 11/09/1999)

12/17/1999 18 Memo-Endorsement on letter addressed to Judge Casey from Max Folkenflik, dated 11/16/99; granting pltffs' request for an additional 60 days for service as to the defts who have been convicted of felonies to this action. ( signed by Judge Richard C. Casey ); Copies mailed. (sac) (Entered: 12/20/1999)

02/03/2000 19 STIPULATION and ORDER; that plaintiffs' time to respond to the motions served by the undersigned defendants is extended to 1/14/00; 2) the undersigned defendants shall reply on or before 2/25/00, and 3) all parties shall serve their respective papers by hand on all other parties on or before the date such papers are due ; plaintiffs have agreed that they will not base any application or argument to open discovery in this action - which is currently stayed pursuant to an Order dated 5/15/99 - on any extensions of time of the briefing schedule requested by plaintiffs, or any delays

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related thereto . ( signed by Judge Richard C. Casey ) (pl) (Entered: 02/03/2000)

02/18/2000 20 ANSWER to Complaint by Richard Acosta ( Pro Se) (ls) (Entered: 02/24/2000)

02/29/2000 21 STIPULATION and ORDER; that (i) defts' time to reply in support of their respective motions to dismiss is extended up through and including 4/7/00, which will be the date for filing all motions, opposition papers, and reply papers ; and; defts' reply papers must be served by hand before the close of business on the filing date ; defts agree that they will not base any argument against the reopening of discovery - which currently is stayed purs. to an Order dtd. 5/15/99 - on the extension of time agreed to herein or any delays related thereto; this stipulation may be executed in counterparts ; ( signed by Judge Richard C. Casey ) (ls) (Entered: 02/29/2000)

02/29/2000 Deadline(s) updated: reset scheduling order deadlines: Deadline for filing of all motions by 4/7/00; Response to motion deadline 4/7/00; Reply to response to motion deadline 4/7/00 ; (ls) (Entered: 03/01/2000)

03/27/2000 22 Memo-Endorsement on letter addressed to Mr. Armbrust from Stuart L. Melnick, dated 3/24/00; counsel for deft Kenneth A. Stokes writes to state that they fully concur with co-deft Bear Stearns' request that the Court permit the filing of a reply memoranda not to exceed 25 pages in length. Counsel for co-defendant was informed previously that the application for enlargement of the page limit for reply briefs was denied, therefore reply briefs page limits remain 10 pages . ( signed by Judge Richard C. Casey ); Copies mailed. (jp) Modified on 03/28/2000 (Entered: 03/27/2000)

04/10/2000 24 MEMORANDUM OF LAW by Banque Audi Suisse in support of [23-1] motion for an order pursuant to Rule F.R.C.P. 12(b)(5), 12(b)(6) and 9(b), dismissing the Complaint in its entirety as against Banque Audi Suisse Geneve for improper service, failure to plead a viable cause of action, failure to plead fraud with particularity, failure to comply with the applicable statue of limitations, for lack of subject matter jurisdiction (pl) (Entered: 04/11/2000)

04/10/2000 25 REPLY MEMORANDUM by Banque Audi Suisse in further support of re: [23-1] motion for an order pursuant to Rule F.R.C.P. 12(b)(5), 12(b)(6) and 9(b), dismissing the Complaint in its entirety as against Banque Audi Suisse Geneve for improper service, failure to plead a viable cause of action, failure to plead fraud with particularity, failure to comply with the applicable statue of limitations, for lack of subject matter jurisdiction (pl) (Entered: 04/11/2000)

04/10/2000 27 MEMORANDUM OF LAW by Fahnestock & Co. in support of [26-1] motion for an order pursuant to F.R.C.P. Rule 12(b)(6) and 9(b), dismissing the Complaint in its entirety as against Fahnestock & Co. Inc. for failure to plead any viable cause of action as to Fahnestock, for failure to plead fraud with particularity, for failure to commence this action prior to expiration of the applicable staute of limitations, for lack of subject matter jurisdiction over the pendent State law claims (pl) (Entered: 04/11/2000)

04/10/2000 28 REPLY MEMORANDUM by Fahnestock & Co. in further support of re: [26-1] motion for an order pursuant to F.R.C.P. Rule 12(b)(6) and 9(b), dismissing the Complaint in its entirety as against Fahnestock & Co. Inc. for failure to plead any viable cause of action as to Fahnestock, for failure to plead fraud with particularity, for failure to commence this action prior to expiration of the applicable staute of limitations, for lack of subject matter jurisdiction over the pendent State law claims (pl) (Entered: 04/11/2000)

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04/14/2000 49 NOTICE OF MOTION (FILED ON SERVICE DATE) by Bear, Stearns & Co., Bear Stearns Sec. for an order staying the litigation , or in the alternative, dismissing the complaint pursuant to FRCP 12(b)(6) and 9(b) . Declaration of David A. Weintraub. No Return date indicated. (db) Modified on 12/03/2001 (Entered: 12/03/2001)

04/19/2000 29 MEMORANDUM OF LAW by Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Ralph I. Dweck, Jack Dweck in support of their motion to dismiss the complaint. (sac) (Entered: 04/20/2000)

08/15/2000 Terminated documents 23-1; 26-1 pursuant to instructions of Judge Casey. (rag) (Entered: 08/15/2000)

08/17/2000 30 ORDER, the motions to dismiss are denied without prejudice and with leave to refile pending Judge Sprizzo's class certification determination ( signed by Judge Richard C. Casey ); Copies mailed. (cd) (Entered: 08/18/2000)

09/27/2000 31 STIPULATION and ORDER; the time for dft's Fahnestock & Co. Inc. and Banque Audi Suisse Geneva to respond to plaintiffs' motion for reconsideration or clarification is extended up through and including 9/21/00 ; said defendants' answering papers to e served by hand before the close of business on that date and plaintiffs' reply papers, if any, shall be served on or before 9/28/00 via facismile . ( signed by Judge Richard C. Casey ) (pl) (Entered: 10/03/2000)

09/28/2000 32 NOTICE of Change of Attorney for Winston & Strawn attorneys for Banque Audi Suisse, Fahnestock & Co. (indicated on the system) (cd) (Entered: 10/05/2000)

10/12/2000 33 NOTICE OF MOTION (filed on service date) by Bear, Stearns & Co., Bear Stearns Sec.; for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class ; w/ attch. declaration in support by David A. Weintraub; Return date: not indicated (pl) Modified on 11/09/2000 (Entered: 11/09/2000)

11/06/2000 34 MEMORANDUM OF LAW by Bear, Stearns & Co., Bear Stearns Sec. in support of [33-1] motion for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class . (pl) (Entered: 11/09/2000)

11/06/2000 35 REPLY MEMORANDUM by Bear, Stearns & Co., Bear Stearns Sec. re: [33-1] motion for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class (pl) (Entered: 11/09/2000)

11/06/2000 36 DECLARATION of Max Folkenflik by Mohammed Fezzani, Cirenaca Foundation, Victoria Blank, Lester Blank, James Bailey, Jane Bailey, Baydel Ltd., Margaret Burgess, Patrick Burgess, Bootlesville Trust, Adam Cung in opposition to Re: [33-1] motion for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class . (pl) (Entered: 11/09/2000)

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11/06/2000 37 MEMORANDUM OF LAW by Mohammed Fezzani, Cirenaca Foundation, Victoria Blank, Lester Blank, James Bailey, Jane Bailey, Baydel Ltd., Margaret Burgess, Patrick Burgess, Bootlesville Trust, Adam Cung in opposition to [33-1] motion for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class . (pl) (Entered: 11/09/2000)

11/13/2000 40 NOTICE OF MOTION (filed on service date) by Richard Harriton to compel plaintiffs to choose immediately whether they will opt out of the action in Berwecky v Bear Stearns 97cv5318 . (sl) Modified on 12/11/2000 (Entered: 12/11/2000)

11/15/2000 38 STIPULATION and ORDER; pltffs' response to motion reset to 10/30/00 for [33-1] motion for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class ; ( signed by Judge Richard C. Casey ) (lf) (Entered: 11/16/2000)

12/08/2000 39 MEMORANDUM OF LAW by Richard Harriton in support of [33-1] motion for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class. (sl) (Entered: 12/11/2000)

12/08/2000 41 DECLARATION of Max Folkenflik by Mohammed Fezzani, Cirenaca Foundation, Victoria Blank, Lester Blank, James Bailey, Jane Bailey, Baydel Ltd., Margaret Burgess, Patrick Burgess, Bootlesville Trust, Adam Cung in opposition Re: [40-1] motion to compel plaintiffs to choose immediately whether they will opt out of the class action in Berwecky v Bear Stearns 97cv5318 . (sl) (Entered: 12/11/2000)

07/30/2001 42 NOTICE of attorney appearance for Ken Stokes by Stuart L. Melnick. (pl) (Entered: 07/31/2001)

11/27/2001 44 MEMORANDUM OF LAW by Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Anderer Associates, Boston Partners, Wolfson Equities, Turner Scharer, Chana Sasha Found., United Congregation, Barry Gesser, Michael Ryder, Apollo Equities in support of [43-1] motion for an Order, pursuant to Rules 12(b)(6), 9 and 8 of the FRCP, dismissing the Complaint for failure to state a claim upon which relief can be granted, failure to plead fraud with the requisite particularities and failure to provide a short concise statement of claims . (yv) (Entered: 11/28/2001)

11/27/2001 45 REPLY MEMORANDUM by Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Anderer Associates, Boston Partners, Wolfson Equities, Turner Scharer, Chana Sasha Found., United Congregation, Barry Gesser, Michael Ryder, Apollo Equities in further support of: [43-1] motion for an Order, pursuant to Rules 12(b)(6), 9 and 8 of the FRCP, dismissing the Complaint for failure to state a claim upon which can be granted, failure to plead fraud with the requisite particularities and failure to provide a short concise statement of claims (yv) (Entered: 11/28/2001)

11/27/2001 46 NOTICE OF MOTION by Ken Stokes for an Order, pursuant to Rules 9(b) and 12(b)(6) of the FRCP, dismissing the Complaint on the grounds that the Complaint (1)

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fails to plead fraud with particularity and (2) fails to state a claim upon which relief may be granted in addition, for an Order granting summary judgment, pursuant to Rule 56 of the FRCP, on the ground that, on the facts presented, Stokes cannot, as a matter of law, be liable in damages to plaintiffs in respect of the causes of action asserted in the Complaint. The First, Second, Third and Fifth Claims for Relief alleged in the Complaint are likewise barred by the applicable statute of limitations . Return date not indicated. Local Civil Rule 56.1 Statement and Affidavit of Stuart L. Melnick in Support of Motion attached. (yv) (Entered: 11/29/2001)

11/27/2001 47 MEMORANDUM OF LAW by Ken Stokes in support of [46-1] motion for an Order, pursuant to Rules 9(b) and 12(b)(6) of the FRCP, dismissing the Complaint on the grounds that the Complaint (1) fails to plead fraud with particularity and (2) fails to state a claim upon which relief may be granted, [46-2] motion for an Order granting summary judgment, pursuant to Rule 56 of the FRCP, on the ground that, on the facts presented, Stokes cannot, as a matter of law, be liable in damages to plaintiffs in respect of the causes of action asserted in the Complaint. The First, Second, Third and Fifth Claims for Relief alleged in the Complaint are likewise barred by the applicable statute of limitations . (yv) (Entered: 11/29/2001)

11/27/2001 48 REPLY MEMORANDUM by Ken Stokes in further support of: [46-1] motion for an Order, pursuant to Rules 9(b) and 12(b)(6) of the FRCP, dismissing the Complaint on the grounds that the Complaint (1) fails to plead fraud with particularity and (2) fails state a claim upon which relief may be granted, [46-2] motion for an Order granting summary judgment, pursuant to Rule 56 of the FRCP, on the ground that, on the facts presented, Stokes cannot, as a matter of law, be liable in damages to plaintiffs in respect of the causes of action asserted in the Complaint. The First, Second, Third and Fifth Claims for Relief alleged in the Complaint are likewise barred by the applicable statute of limitations (yv) (Entered: 11/29/2001)

11/27/2001 50 MEMORANDUM OF LAW by Bear, Stearns & Co., Bear Stearns Sec. in support of [49-1] motion for an order staying the litigation, [49-2] motion dismissing the complaint pursuant to FRCP 12(b)(6) and 9(b). (db) (Entered: 12/03/2001)

11/27/2001 51 DECLARATION of David A. Weintraub by Bear, Stearns & Co., Bear Stearns Sec. in support Re: [49-1] motion for an order staying the litigation, [49-2] motion dismissing the complaint pursuant to FRCP 12(b)(6) and 9(b). (db) (Entered: 12/03/2001)

11/28/2001 52 NOTICE OF MOTION by Richard Harriton for an order dismissing the complaint, purs. to F.R.C.P. 12(b)(6) ; for an order dismissing the complaint purs. to F.R.C.P. 9(b) and the Private Securities Litigation Reform Act of 1995 ; for an order dismissing the complaint, as barred by the statute of limitations ; and for an order staying the litigation . No return date indicated. (sn) (Entered: 12/04/2001)

11/28/2001 53 MEMORANDUM OF LAW by Richard Harriton in support of [52-1] motion for an order dismissing the complaint, purs. to F.R.C.P. 12(b)(6); [52-2] motion for an order dismissing the complaint purs. to F.R.C.P. 9(b) and the Private Securities Litigation Reform Act of 1995; [52-3] motion for an order dismissing the complaint, as barred by the statute of limitations; [52-4] motion for an order staying the litigation. (sn) (Entered: 12/04/2001)

11/28/2001 54 MEMORANDUM OF LAW by Mohammed Fezzani, Cirenaca Foundation, Victoria Blank, Lester Blank, James Bailey, Jane Bailey, Baydel Ltd., Margaret Burgess,

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Patrick Burgess, Bootlesville Trust, Adam Cung in opposition to [52-1] motion for an order dismissing the complaint, purs. to F.R.C.P. 12(b)(6); [52-2] motion for an order dismissing the complaint purs. to F.R.C.P. 9(b) and the Private Securities Litigation Reform Act of 1995; [52-3] motion for an order dismissing the complaint, as barred by the statute of limitations; [52-4] motion for an order staying the litigation; [46-1] motion for an Order, pursuant to Rules 9(b) and 12(b)(6) of the FRCP, dismissing the Complaint on the grounds that the Complaint (1) fails to plead fraud with particularity and (2) fails to state a claim upon which relief may be granted; [46-2] motion for an Order granting summary judgment, pursuant to Rule 56 of the FRCP, on the ground that, on the facts presented, Stokes cannot, as a matter of law, be liable in damages to plaintiffs in respect of the causes of action asserted in the Complaint. The First, Second, Third and Fifth Claims for Relief alleged in the Complaint are likewise barred by the applicable statute of limitations. (sn) (Entered: 12/04/2001)

11/28/2001 55 REPLY MEMORANDUM by Richard Harriton in support of [52-1] motion for an order dismissing the complaint, purs. to F.R.C.P. 12(b)(6); [52-2] motion for an order dismissing the complaint purs. to F.R.C.P. 9(b) and the Private Securities Litigation Reform Act of 1995; [52-3] motion for an order dismissing the complaint, as barred by the statute of limitations; [52-4] motion for an order staying the litigation. (sn) (Entered: 12/04/2001)

12/07/2001 56 NOTICE OF MOTION by Nathan Dweck, Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Jack Dweck; for an Order pursuant to Rule 12(b)(6) of the FRCP to dismiss with prejudice all claims asserted against defendants in the complaint . Return date 10/15/99. Affidavit of Alan Mansfield attached. (kkc) (Entered: 12/10/2001)

12/07/2001 57 REPLY MEMORANDUM OF LAW by Nathan Dweck, Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Jack Dweck in further support of: [56-1] motion for an Order pursuant to Rule 12(b)(6) of the FRCP to dismiss with prejudice all claims asserted against defendants in the complaint. (kkc) (Entered: 12/10/2001)

12/11/2001 58 STIPULATION and ORDER, withdrawing [40-1] motion to compel plaintiffs to choose immediately whether they will opt out of the action in Berwecky v Bear Stearns 97cv5318, withdrawing [33-1] motion for an order compelling plaintiffs to choose immediately whether they litigate their claims as part of the certified class in Berwecky v. Bear Stearn 97cv5318 (JES), before Judge Sprizzo, or will proceed with this action and opt out of the Berwecky class ( signed by Judge Richard C. Casey ) (cd) (Entered: 12/11/2001)

12/14/2001 59 REPLY MEMORANDUM in support of [49-1] motion for an order staying the litigation, [49-2] motion dismissing the complaint pursuant to FRCP 12(b)(6) and 9(b). (jco) (Entered: 12/17/2001)

01/04/2002 60 NOTICE of change of Address for counsel for defendants by Donald & Co. . (pl) (Entered: 01/07/2002)

10/01/2002 61 NOTICE of change of address of Counsel for plaintiffs. (kw) (Entered: 10/03/2002)

04/06/2004 62 MEMORANDUM OPINION AND ORDER #89927, that for the reasons set forth herein, the Court Grants in Part and Denies in Part the seven motions to dismiss the complaint. (Signed by Judge Richard C. Casey on 4/6/04) (tp, ) (Entered: 04/07/2004)

04/20/2004 65 NOTICE OF MOTION (FILED ON SERVICE DATE) by the Plaintiffs for

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Reconsideration or Reargument re; 62 Memorandum & Opinion. Document filed by James Bailey, Jane Bailey, Baydel Ltd., Lester Blank, Victoria Blank, Bootlesville Trust, Margaret Burgess, Patrick Burgess, Cirenaca Foundation, Adam Cung, Mohammed Fezzani. (ps, ) (Entered: 05/12/2004)

04/27/2004 63 STIPULATION AND ORDER. Defendants, Barry Gesser, Michael Ryder and Apollo Equities' time to answer or otherwise respond to the complaint is extended until 5/20/04 (Signed by Judge Richard C. Casey on 4/26/04) (yv, ) Modified on 4/27/2004 (yv, ). (Entered: 04/27/2004)

04/27/2004 Set Answer Due Date purs. to 63 Stipulation and Order as to Apollo Equities answer due on 5/20/2004; Barry Gesser answer due on 5/20/2004; Michael Ryder answer due on 5/20/2004. (yv, ) (Entered: 04/27/2004)

05/10/2004 64 MEMORANDUM OF LAW in Opposition to pltffs motion for reconsideration or reargument (nite dep. box). Document filed by Barbara Dweck, Isaac R. Dweck, Jack Dweck, Morris I. Dweck, Ralph I. Dweck. (pa, ) (Entered: 05/10/2004)

05/11/2004 66 MEMORANDUM OF LAW in Support of Plaintiffs' re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion. Document filed by James Bailey, Jane Bailey, Baydel Ltd., Lester Blank, Victoria Blank, Bootlesville Trust, Margaret Burgess, Patrick Burgess, Cirenaca Foundation, Adam Cung, Mohammed Fezzani. (ps, ) (Entered: 05/12/2004)

05/11/2004 67 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion. Document filed by James Bailey, Jane Bailey, Baydel Ltd., Lester Blank, Victoria Blank, Bootlesville Trust, Margaret Burgess, Patrick Burgess, Cirenaca Foundation, Adam Cung, Mohammed Fezzani. (ps, ) (Entered: 05/12/2004)

05/11/2004 68 MEMORANDUM OF LAW in Opposition to Plaintiffs' re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion. Document filed by Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp.. (ps, ) (Entered: 05/12/2004)

05/11/2004 69 MEMORANDUM OF LAW in Opposition to Plaintiffs' re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion.. Document filed by Fahnestock & Co. Inc.. (ps, ) (Entered: 05/12/2004)

05/11/2004 70 MEMORANDUM OF LAW in Opposition to Plaintiffs' re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion. Document filed by Apollo Equities. (ps, ) (Entered: 05/12/2004)

05/11/2004 71 MEMORANDUM OF LAW in Opposition to Plaintiffs' re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion. Document filed by Aaron Wolfson, Abraham Wolfson, Arielle Wolfson, Morris Wolfson, Tovie Wolfson, Wolfson Equities. (ps, ) (Entered: 05/12/2004)

05/27/2004 73 ENDORSED LETTER addressed to Judge Casey from Max Folkenflik dated 5/25/04 re: granting plaintiffs request; the amended complaint shall be filed 30 days after the Corut's ruling on Plaintiffs' motion for reconsideration. (Signed by Judge Richard C. Casey on 5/26/04) (pl, ) (Entered: 05/28/2004)

05/28/2004 72 STIPULATION AND ORDER that the defendants Barry Gesser and Apollo Equities,

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that the Apollo defendants; time to answer or otherwise respond to the complaint is extended until 30 days after filing of an amended complaint. (Signed by Judge Richard C. Casey on 5/27/2004) (jsa, ) (Entered: 05/28/2004)

06/10/2004 74 ORDER; defendants shall have the opportunity to submit to the Court sur-reply briefs responding to Plaintiffs' argument regarding Golden Pacific. Any defendant who so desires may submit such briefing, not to exceed five pages in length, or or before 6/16/04. (Signed by Judge Richard C. Casey on 6/9/04) (sac, ) (Entered: 06/14/2004)

06/16/2004 75 REPLY MEMORANDUM OF LAW in Opposition re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion. Document filed by Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp., Richard Harriton. (kw, ) (Entered: 06/18/2004)

06/16/2004 76 SUR-REPLY MEMORANDUM OF LAW in Opposition re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion. Document filed by Fahnestock & Co. Inc. (kw, ) (Entered: 06/18/2004)

06/21/2004 77 SUR REPLY MEMORANDUM OF LAW in Opposition re: 65 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 62 Memorandum & Opinion.. Document filed by Barbara Dweck, Isaac R. Dweck, Jack Dweck, Morris I. Dweck, Ralph I. Dweck. (dle, ) (Entered: 06/23/2004)

08/10/2004 78 MEMORANDUM AND OPINION # 90460. plaintiff's motion for reconsideration is granted in part and denied in part. The Court's decision on the timeliness of the claims for aiding and abetting breach of fiduciary duties stands, but the plaintiffs are granted leave to replead the common-law fraud claims other than those arising from unauthorized transactions. (Signed by Judge Richard C. Casey on 8/9/2004) (jsa, ) (Entered: 08/10/2004)

08/16/2004 79 ENDORSED LETTER addressed to Judge Casey from Max Folkenflik dated 8/12/2004 re: Request for extension is granted. The amended complaint shall be filed by 9/22/2004. So ordered. (Signed by Judge Richard C. Casey on 8/13/2004) (jsa, ) (Entered: 08/17/2004)

08/16/2004 Set Deadlines/Hearings: Amended Pleadings due by 9/22/2004. (jsa, ) (Entered: 08/17/2004)

08/19/2004 80 MOTION (FILED ON SERVICE DATE) for Ira Lee Sorkin to Withdraw as Attorney. Document filed by Apollo Equities, Barry Gesser. (db, ) (Entered: 08/23/2004)

09/22/2004 82 MOTION (FILED ON SERVICE DATE) for Marc J. Ross to Withdraw as Attorney. AFFIDAVIT in Support of Withdrawal attached. Document filed by Donald & Co.. (ps, ) (Entered: 09/27/2004)

09/23/2004 81 ENDORSED LETTER addressed to Judge Richard Conway Casey from Max Folkenflik dated 9/22/04 re: request an additional twenty-four hours in which to file Plaintiffs' First Amended Complaint. Application Granted. Plaintiffs shall file the Amended Complaint by 9/23/04. Amended Pleadings due by 9/23/2004. (Signed by Judge Richard C. Casey on 9/22/04) (dfe, ) (Entered: 09/24/2004)

09/24/2004 83 AMENDED COMPLAINT amending 1 Complaint against Bear, Stearns & Co. et al Inc.Document filed by Mohammed Fezzani etal. Related document: 1 Complaint.(cd, ) (Entered: 10/05/2004)

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11/24/2004 84 ENDORSED LETTER addressed to Judge Casy from Stephen Wagner dated 11/22/2004: request that the Court approved transcriptionist who transcribed the October 22, 2004 Court conference, to strike from the record page 18 lines 9 to 15. Application denied. (Signed by Judge Richard C. Casey on 11/23/2004) (jsa, ) (Entered: 11/24/2004)

11/24/2004 85 ENDORSED LETTER addressed to Judge Casey from Max Folkenflik dated 11/22/04: granting request to extend plntfs' time to respond (reply) to 12/3/04 re plntf's motion for leave to amend. (Signed by Judge Richard C. Casey on 11/23/04) copies sent by chambers.(cd, ) (Entered: 11/29/2004)

12/03/2004 86 DECLARATION of Max Folkenflik in Support of plntf's motion for leave to file an Amended Complaint. Document filed by Mohammed Fezzani. (cd, ) (Entered: 12/07/2004)

12/03/2004 87 REPLY MEMORANDUM OF LAW in Support of their Motion for leave to File an Amended Complaint. Document filed by Mohammed Fezzani. (cd, ) (Entered: 12/07/2004)

12/03/2004 88 MEMORANDUM OF LAW in Opposition to Plntfs' Motion for Leave to File an Amended Complaint. Document filed by Apollo Equities, Barry Gesser. (cd, ) (Entered: 12/07/2004)

12/03/2004 89 MEMORANDUM OF LAW in Opposition to Plntf's Motion for Leave to File an Amended Complaint. Document filed by Aaron Wolfson, Abraham Wolfson, Arielle Wolfson, Morris Wolfson, Tovie Wolfson, Wolfson Equities. (cd, ) (Entered: 12/07/2004)

12/03/2004 90 MEMORANDUM OF LAW in Opposition to Plntfs' Motion for Leave to Amend the Complaint. Document filed by Fahnestock & Co. Inc. (cd, ) (Entered: 12/07/2004)

12/03/2004 91 DECLARATION of John Tardera in Opposition to Motion to Amend the Complaint. Document filed by Fahnestock & Co. Inc. (cd, ) (Entered: 12/07/2004)

12/03/2004 92 MEMORANDUM OF LAW in Opposition to Plntfs' Motion for Leave to File an Amended Complaint. Document filed by Bear, Stearns & Co. Inc. (cd, ) (Entered: 12/07/2004)

12/03/2004 93 DECLARATION of Kerry Dziubek in Opposition to Plntfs' Motion for Leave to File an Amended Complaint. Document filed by Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp. (cd, ) (Entered: 12/07/2004)

12/03/2004 94 MEMORANDUM OF LAW in Opposition to Plntfs' Motion for Leave to file an Amended Complaint. Document filed by Barbara Dweck, Isaac B. Dweck, Isaac R. Dweck, Jack Dweck, Morris I. Dweck, Ralph I. Dweck. (cd, ) (Entered: 12/07/2004)

03/02/2005 95 MEMORANDUM AND OPINION # 91299.Plaintiffs' motion to amend the complaint is granted in part and denied in part. Plaintiffs are denied leave to amend the complaint to add the claims noted herein. Plaintiffs shall file the First Amended Complaint in accordance with this decision by 4/8/05. By 4/15/05, the parties shall submit for the Court's approval a jointly proposed briefing schedule on the defendants' motions to dismiss the First Amended Complaint. So Ordered. (Signed by Judge Richard C. Casey on 3/1/05) (jco, ) (Entered: 03/08/2005)

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03/17/2005 96 ORDER; denying 80 Motion to Withdraw as Attorney, without prejudice. This order resolves entry number 80 on the Court's docket sheet.(Signed by Judge Richard C. Casey on 3/17/05) (sac, ) (Entered: 03/18/2005)

03/25/2005 97 ENDORSED LETTER addressed to Judge Richard C. Casey from Max Folkenflik dated 3/22/05 re: counsel for plaintiffs request an extension of two weeks until 4/22/05 to serve and file the first amended complaint. Application denied. (Signed by Judge Richard C. Casey on 3/23/05) (dle, ) (Entered: 03/28/2005)

04/07/2005 98 AMENDED COMPLAINT against Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp., Richard Harriton, Andrew Bressman, Arthur Bressman, Glenn O'Hare, Joseph Scanni, Brett Hirsch, Garvey Fox, Matthew Hirsch, Richard Simone, Charles Plaia, John McAndris, Jack Wolynez, Robert Gilbert, First Hanover Securities, Inc., Ken Stokes, Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Ralph I. Dweck, Millo Dweck, Beatrice Dweck, Richard Dweck, Jack Dweck, Isaac B. Dweck, Hank Dweck, Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Anderer Associates, Boston Partners, Wolfson Equities, Chana Sasha Foundation, United Congregation Mesarah, Fahnestock & Co. Inc., Barry Gesser, Michael Ryder, Apollo Equities.Document filed by Bootlesville Trust, Adam Cung, Mohammed Fezzani, Cirenaca Foundation, Victoria Blank, Lester Blank, James Bailey, Jane Bailey, Baydel Ltd., Margaret Burgess, Patrick Burgess.(dle, ) (Entered: 04/11/2005)

04/07/2005 Set Answer Due Date purs. to 98 Amended Complaint,,, as to Bear, Stearns & Co. Inc. answer due on 4/18/2005; Bear, Stearns Securities Corp. answer due on 4/18/2005; Richard Harriton answer due on 4/18/2005; Andrew Bressman answer due on 4/18/2005; Arthur Bressman answer due on 4/18/2005; Glenn O'Hare answer due on 4/18/2005; Joseph Scanni answer due on 4/18/2005; Brett Hirsch answer due on 4/18/2005; Garvey Fox answer due on 4/18/2005; Matthew Hirsch answer due on 4/18/2005; Richard Simone answer due on 4/18/2005; Charles Plaia answer due on 4/18/2005; John McAndris answer due on 4/18/2005; Jack Wolynez answer due on 4/18/2005; Robert Gilbert answer due on 4/18/2005; First Hanover Securities, Inc. answer due on 4/18/2005; Ken Stokes answer due on 4/18/2005; Isaac R. Dweck answer due on 4/18/2005; Barbara Dweck answer due on 4/18/2005; Morris I. Dweck answer due on 4/18/2005; Ralph I. Dweck answer due on 4/18/2005; Millo Dweck answer due on 4/18/2005; Beatrice Dweck answer due on 4/18/2005; Richard Dweck answer due on 4/18/2005; Jack Dweck answer due on 4/18/2005; Isaac B. Dweck answer due on 4/18/2005; Hank Dweck answer due on 4/18/2005; Morris Wolfson answer due on 4/18/2005; Arielle Wolfson answer due on 4/18/2005; Aaron Wolfson answer due on 4/18/2005; Abraham Wolfson answer due on 4/18/2005; Tovie Wolfson answer due on 4/18/2005; Anderer Associates answer due on 4/18/2005; Boston Partners answer due on 4/18/2005; Wolfson Equities answer due on 4/18/2005; Chana Sasha Foundation answer due on 4/18/2005; United Congregation Mesarah answer due on 4/18/2005; Fahnestock & Co. Inc. answer due on 4/18/2005; Barry Gesser answer due on 4/18/2005; Michael Ryder answer due on 4/18/2005; Apollo Equities answer due on 4/18/2005. (dle, ) (Entered: 04/11/2005)

04/14/2005 99 ENDORSED LETTER addressed to Judge Casey from Max Folkenflik dated 4/13/05 re: agreed upon briefing schedule: defendants to serve their motions to dismiss 30 days after service of the amended pleading 5/9/05; plaintiffs will have 30 days in which to answer the motions 6/8/2005; defendants will then have 2 weeks in which to file their reply briefs 6/22/2005. The briefing schedule is So Ordered. Plaintiffs are requested to

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fax or email notice of this order to defendants (Signed by Judge Richard C. Casey on 4/13/05) (yv, ) (Entered: 04/18/2005)

06/08/2005 100 ENDORSED LETTER addressed to Judge Richard Conway Casey from Max Folkenflik dated 6/6/05 re: requesting an extension of the briefing schedule. Application granted.Plaintiff's response to motion to dismiss due by 6/22/2005. Reply due by 7/8/2005. (Signed by Judge Richard C. Casey on 6/7/05) (kw, ) (Entered: 06/13/2005)

06/20/2005 101 ENDORSED LETTER addressed to Judge Richard Conway Casey from Max Folkenflik dated 6/15/05 re: Counsel write to request an additional short extension to file a response to the five pending motions to dismiss until 7/1/05. Application Granted. So Ordered. (Signed by Judge Richard C. Casey on 6/20/05) (jco, ) (Entered: 06/22/2005)

07/01/2005 102 ENDORSED LETTER addressed to Judge Richard Conway Casey from Max Folkenflik dated 6/29/05 re: the extension to serve the opposition is granted. The replies shall be due 8/8/05. The request for additional pages is denied. (Signed by Judge Richard C. Casey on 6/30/05) (pl, ) (Entered: 07/05/2005)

08/08/2005 103 NOTICE OF MOTION Defendant Fahnestock & Co. Inc. to Dismiss the Amended Complant. Document filed by Fahnestock & Co. Inc.. (jmi, ) (Entered: 08/09/2005)

08/08/2005 104 MEMORANDUM OF LAW in Support re: 103 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Fahnestock & Co. Inc.. (jmi, ) (Entered: 08/09/2005)

08/08/2005 105 REPLY MEMORANDUM OF LAW in Support re: 103 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Fahnestock & Co. Inc.. (jmi, ) (Entered: 08/09/2005)

08/08/2005 106 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Jack Wolynez, Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Wolfson Equities, United Congregation Mesarah. (jmi, ) (Entered: 08/09/2005)

08/08/2005 107 MOTION to Dismiss with Prejudice all Claims Asserted Against them in the First Amended Complaint in the Above-Captioned Matter, and Granting Such Other and Futher Relief as the Court Deems Just and Proper. Document filed by Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Ralph I. Dweck, Millo Dweck, Beatrice Dweck, Richard Dweck, Jack Dweck, Isaac B. Dweck, Hank Dweck. (jmi, ) (Entered: 08/09/2005)

08/08/2005 108 REPLY MEMORANDUM OF LAW in Support re: 107 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Ralph I. Dweck, Millo Dweck, Beatrice Dweck, Richard Dweck, Jack Dweck, Isaac B. Dweck, Hank Dweck. (jmi, ) (Entered: 08/09/2005)

08/08/2005 109 MEMORANDUM OF LAW in Support re: 107 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Ralph I. Dweck, Millo Dweck, Beatrice Dweck, Richard Dweck, Jack Dweck, Isaac B. Dweck, Hank Dweck. (jmi, ) (Entered: 08/09/2005)

08/08/2005 110 MOTION to Dismiss the Amended Complaint. Document filed by Barry Gesser,

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Apollo Equities. (jmi, ) (Entered: 08/09/2005)

08/08/2005 111 AFFIRMATION of Donald A. Corbett in Support re: 110 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Barry Gesser, Apollo Equities. (jmi, ) (Entered: 08/09/2005)

08/08/2005 112 REPLY MEMORANDUM OF LAW in Support re: 106 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Wolfson Equities. (jmi, ) (Entered: 08/09/2005)

08/08/2005 113 REPLY MEMORANDUM OF LAW in Support re: 110 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Barry Gesser, Apollo Equities. (jmi, ) (Entered: 08/09/2005)

08/08/2005 114 PLAINTIFFS' MEMORANDUM OF LAW in Opposition re: 103 MOTION (FILED ON SERVICE DATE) to Dismiss., 106 MOTION (FILED ON SERVICE DATE) to Dismiss., 110 MOTION (FILED ON SERVICE DATE) to Dismiss., 107 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Mohammed Fezzani. (jmi, ) (Entered: 08/09/2005)

08/09/2005 115 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Richard Harriton. (jco, ) (Entered: 08/11/2005)

08/09/2005 116 MEMORANDUM OF LAW in Support re: 115 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp., Richard Harriton, Andrew Bressman, Arthur Bressman, Richard Acosta, Glenn O'Hare, Joseph Scanni, Brett Hirsch, Garvey Fox, Matthew Hirsch, Richard Simone, Charles Plaia, John McAndris, Jack Wolynez, Robert Gilbert, First Hanover Securities, Inc., Banque Audi Suisse Geneve, Fozie Farkash, Rawai Raes, Basil Shiblaq, Iyad Shiblaq, Ken Stokes, Isaac R. Dweck, Barbara Dweck, Morris I. Dweck, Ralph I. Dweck, Millo Dweck, Beatrice Dweck, Richard Dweck, Jack Dweck, Isaac B. Dweck, Hank Dweck, Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Anderer Associates, Boston Partners, Wolfson Equities, Turner Scharer, Chana Sasha Foundation, United Congregation Mesarah, Fahnestock & Co. Inc., Donald & Co., Barry Gesser, Michael Ryder, Apollo Equities. (jco, ) (Entered: 08/11/2005)

08/09/2005 117 DECLARATION of Jonathan N. Francis in Support re: 115 MOTION (FILED ON SERVICE DATE) to Dismiss. (jco, ) (Entered: 08/11/2005)

08/09/2005 118 REPLY MEMORANDUM OF LAW in Support re: 115 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp. (jco, ) (Entered: 08/11/2005)

08/09/2005 119 REPLY MEMORANDUM OF LAW in Support re: 115 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Richard Harriton. (jco, ) (Entered: 08/11/2005)

08/12/2005 120 ENDORSED LETTER addressed to Judge Richard Conway Casey from Max Folkenlik dated 8/10/05 re: Oral argument shall be held on 9/16/05 @2:00 p.m. Plaintiffs shall have 10 minuetes and dfts shall have 30 minutes total. Dfts shall decide prior to arguemnt how they are going to divide their time. (Signed by Judge Richard C.

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Casey on 8/11/05) (pl, ) (Entered: 08/15/2005)

08/25/2005 121 AFFIRMATION of Richard J. Babnick, Jr. in Further Support of Motion to Withdraw as Counsel for Donald & Co. Document filed by Donald & Co.. (djc, ) (Entered: 08/29/2005)

09/22/2005 122 CONSENT TO CHANGE ATTORNEYS Dickstein Shapiro Morin & Oshinsky LLP be substituted as the attorneys of record for defendants Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Anderer Associates, Boston Partners, Wolfson Equities, Chana Sasha Foundation and United Congregation Mesarah in the captioned action in place and stead of Carter Ledyard & Milburn LLP. So Ordered. (Signed by Judge Richard C. Casey on 9/22/05) (jco, ) (Entered: 09/23/2005)

09/22/2005 123 CONSENT ORDER to Change Attorneys, that Dickstein Shaprio Morin & Oshinksy LLP be substituted for Carter Ledyard & Millburn LLP for defts Barry Gesser and Apolo Euities. (Signed by Judge Richard C. Casey on 9/22/05) (cd, ) (Entered: 09/23/2005)

10/11/2005 MEMORANDUM TO THE DOCKET CLERK: oral argument on defendant's motion to dismiss held. court reserves decision. (djc, ) (Entered: 10/18/2005)

11/03/2005 124 STIPULATION AND ORDER OF DISMISSAL, PLEASE TAKE NOTICE, that the attorneys for the undersigned parties agree and stiupulate as follows: 1. Pursuant to F.R.C.P. 41, Plattiffs voluntarily dismiss Donald & Co. Securities, Inc. from this action, without prejudice and without costs. 2. The statue of limitations for any actions set forth in the First Amended Complaint is hereby tolled. (Signed by Judge Richard C. Casey on 11/1/05) (dt, ) (Entered: 11/04/2005)

11/04/2005 125 ORDER: The 82 Motion to Withdraw as Attorney, listed as document # 82 on the docket, is DENIED as MOOT. (Signed by Judge Richard C. Casey on 11/3/2005) (lb, ) (Entered: 11/07/2005)

07/31/2006 126 NOTICE OF CHANGE OF NAME by Donald Albert Corbett on behalf of Morris Wolfson, Arielle Wolfson, Aaron Wolfson, Abraham Wolfson, Tovie Wolfson, Wolfson Equities. New Name: Dickstein Shapiro LLP, 1177 6th Avenue, New York, NY, 10036, (212) 277-6500. (cd, ) (Entered: 08/01/2006)

08/29/2006 127 NOTICE OF CHANGE OF ADDRESS by Howard Wilson on behalf of Richard Harriton. New Address: Proskauer Rose, L.L.P., 1585 Broadway, New York, New York, 10036, (212) 969-3000. (dle, ) (Entered: 08/31/2006)

12/27/2006 128 Stipulation Discontinuing action as against dfts Isaac B. Dweck, Richard Dweck and Hank Dweck. Plaintiffs dismiss any claims against Isaac B. Dweck, Richard Dweck and Hank Dweck with prejudice and without costs; plaintiffs agree to amend the caption of this action to remove their names from its caption and will cooperate with counsel for Isaac B. Dweck, Richard Dweck and Hank Dweck in connection with any actions he finds necessary or convenient to accomplish that end; Isaac B. Dweck, Richard Dweck and Hank Dweck each agree to provide discovery in this action in response to notice served upon their counsel; such notice will have the same force and effect as a subpoena served by hand individually upon them; Isaac B. Dweck, Richard Dweck and Hank Dweck will agree to sign any necessary approvals or consents or any other documents required to allow plaintiffs to have full access to any accounts at

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A.R.Baron held in the names of Isaac B. Dweck, Richard Dweck and Hank Dweck. (Signed by Judge Richard C. Casey on 12/27/06) (dle, ) (Entered: 12/28/2006)

03/26/2007 129 NOTICE OF APPEARANCE by Thomas John Quigley on behalf of Fahnestock & Co. Inc. (djc) (Entered: 03/27/2007)

05/17/2007 131 ORDER This case was assigned to Judge Richard Conway Casey, who passed away on 3/22/07. The case will be reassigned to a new judge in the near future. You will be notified of the reassignment on ECF (for ECF cases) or in a form to be mailed to you (for non-ECF cases). The parties in this case are ordered to review the attorney/party information on the docket sheet and determine whether the information presently listed is incorrect. If an error exists, the affected party must submit updated contact information no later than 5/30/07. Parties should take care to remove the contact information for attorneys no longer involved in the case and to enter appearances for any current attorneys who are not listed. The parties are also ordered to submit a joint summary of the case no later 5/30/07. The Summary should be sent to Judge Caseys Chambers Attn: Law Clerks and will be provided to the new judge upon reassignment of the case. The Summary should be a bare statement of the case with any relevant procedural history. This includes, but is not limited to, the subject matter of the litigation, whether discovery is complete, whether the case is or has been before a magistrate judge, whether there are any motions or applications pending, and the subject matter of the pending motions or applications, if any. Be sure to indicate whether the parties have entered into a case management plan and list the relevant dates. The Summary is not a vehicle for arguing the merits of disputed issues and should be brief. If the defendant in this case has not yet appeared, the plaintiff should indicate this fact and need not make a joint submission. Parties in cases involving an incarcerated pro se litigant need not make a joint submission. Should matters arise prior to the reassignment, parties are directed to review the previously issued Notice to Parties with Pending Civil Cases Before Judge Casey, available at www.nysd.uscourts.gov and follow the directions therein. (Signed by Judge Kimba M. Wood on 05/16/2007) (mj) (Entered: 05/24/2007)

05/21/2007 130 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Richard C. Casey is no longer assigned to the case. (jeh) (Entered: 05/23/2007)

05/21/2007 Mailed notice to the attorney(s) of record. (jeh) (Entered: 05/29/2007)

05/29/2007 Received returned mail re: 131 Order. Mail was addressed to Stuart L. Melnick of Stuart L. Melnick, LLC at 100 Park Avenue, 33rd Floor, New York, NY 10017 and was returned for the following reason(s): not deliverable as addressed. (tve) (Entered: 06/05/2007)

05/30/2007 132 NOTICE OF APPEARANCE by Jonathan Nicholas Francis, Michael D. SChissel on behalf of Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp. (djc) (Entered: 06/05/2007)

06/04/2007 Received returned mail re: 130 Notice of Case Assignment/Reassignment. Mail was addressed to Stuart L. Melnick at 100 Park Avenue, 33rd Floor, New York, NY 10017 and was returned for the following reason(s): not deliverable as addressed. (tve) (Entered: 06/05/2007)

06/25/2007 Set Deadlines/Hearings (set via email by chambers): Status Conference set for 7/26/2007 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007

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before Judge Paul A. Crotty. (mov) (Entered: 06/25/2007)

07/26/2007 Minute Entry for proceedings held before Judge Paul A. Crotty : REMARK: The Court placed possible recusal pursuant to 28 U.S.C.S 455, on the record. All counsel can, if they wish, submit their positions on the possible recusal issue. All counsel shall simultaneously submit letter briefs as to what has additionally occurred since the pending motion was fully briefed. The submissions are due by September 18, 2007 and shall not exceed 5 pages with the exception for plaintiffs counsel. Oral argument will go forward on Tuesday, October 23, 2007 at 3:30 p.m ( Court Reporter present. See transcript for complete details of this proceeding. visit: http://www1.nysd.uscourts.gov/court_reporting.php With respect to ordering a transcript of this proceeding).Status Conference held on 7/26/2007. Oral Argument set for 10/23/2007 at 03:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (mov) (Entered: 08/09/2007)

08/08/2007 133 MEMO ENDORSEMENT on Proposed Stipulation to have this case assigned to the Electronic Filing System: ENDORSEMENT: The Parties should continue to file on a non ECF basis. Assignment to ECF status at this time would cause confusion in the District Court's Clerks Office. Accordingly the requested relief is denied. So Ordered. (Signed by Judge Paul A. Crotty on 08/08/2007) "Copies E-mailed By Chambers".(mov) (Entered: 08/08/2007)

09/17/2007 134 ENDORSED LETTER addressed to Paul A. Crotty from Max Folkenfilk dated 9/17/07 re: Counsel for plaintiff requests a two day extension of time to submit the letter in response to the pending motion to dismiss. ENDORSEMENT: Application GRANTED. (Signed by Judge Paul A. Crotty on 9/17/07) Copies E-mailed by Chambers.(tro) (Entered: 09/19/2007)

09/24/2007 135 TRANSCRIPT of proceedings held on 7/26/07 before Judge Paul A. Crotty. (jbe) (Entered: 09/24/2007)

11/07/2007 136 TRANSCRIPT of proceedings held on 10/23/07 @ 3:30pm before Judge Paul A. Crotty. (pr) (Entered: 11/07/2007)

09/23/2008 137 OPINION AND ORDER #96530: For the foregoing reasons, the motions to dismiss the claims are GRANTED for all defendants except for the Apollo Defendants. The motion to dismiss the claims against the Apollo Defendants is DENIED. (Signed by Judge Paul A. Crotty on 9/22/2008) Copies E- Mailed By Chambers.(jpo) Modified on 9/25/2008 (mro). (Entered: 09/23/2008)

10/03/2008 138 MEMO ENDORSEMENT: Upon reconsideration the Court withdraws its signature on the October 2, 2008 Stipulation and directs the parties to brief how this Courts order of September 23, 2008 which did not dismiss the action as to all parties may be appealed. So Ordered. (Signed by Judge Paul A. Crotty on October 3, 2008) Copies E-mailed By Chambers.(mov) (Entered: 10/03/2008)

10/27/2008 139 ENDORSED LETTER addressed to Judge Paul A. Crotty from Ira Lee Sorkin dated October 16, 2008 re: Request leave of the Court to withdraw as counsel for defendant Barry Gesser and Apollo Equities. ENDORSEMENT: The request is denied. Appollo Equities must appear by counsel. When new counsel is available, the Court will permit the requested substitution. So Ordered. (Signed by Judge Paul A. Crotty on October 24, 2008) Copies E-mailed By Chambers.(mov) (Entered: 10/27/2008)

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09/30/2009 140 ORDER OF DISMISSAL: The above entitled action has been on the Court's active docket since February 2,1999, and there having been no activity since October 24, 2008, it is, ORDERED, that the above-entitled action is DISMISSED. The Clerk of Court is directed to close this case. (Signed by Judge Paul A. Crotty on 9/30/2009) (jpo) (Entered: 09/30/2009)

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