United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:98-cv NS

Transcription

1 US District Court Civil Docket as of 03/25/2004 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:98-cv NS NEHME, et al v. EQUIMED, INC., et al Assigned to: JUDGE NORMA L. SHAPIRO Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/09/1998 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question IN RE: IN RE EQUIMED, INC. SECURITIES LITIGATION Plaintiff DAVID NEHME TERMINATED: 12/23/1998 represented by DAVID NEHME PRO SE BERNARD M. GROSS BERNARD M. GROSS, PC 1515 LOCUST ST., 2ND FL. PHILADELPHIA, PA Fax: TERMINATED: 10/31/2004 CHRISTOPHER REYNA LAW OFFICES BERNARD A. GROSS PC 1515 LOCUST ST 2ND FL PHILA, PA TERMINATED: 12/23/1998 DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC 1515 LOCUST ST., 2ND FL PHILADELPHIA, PA

2 Fax: TERMINATED: 12/23/1998 LEE SQUITIERI ABBEY & ELLIS 212 E. 39TH ST. NEW YORK, NY TEL TERMINATED: 12/23/1998 Plaintiff THOMAS JEWETT ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED represented by BERNARD M. GROSS CHRISTOPHER REYNA DEBORAH R. GROSS EDWIN J. MILLS STULL, STULL & BRODY 6 EAST 45TH STREET NEW YORK, NY Fax: LEE SQUITIERI V. Defendant EQUIMED, INC. represented by CHRISTOPHER REYNA

3 JAY A. DUBOW WOLF, BLOCK, SCHORR AND SOLIS- COHEN LLP 1650 ARCH STREET PHILADELPHIA, PA Fax: TERMINATED: 10/31/2000 JOEL M. SWEET U.S. ATTORNEY'S OFFICE 615 CHESTNUT STREET SUITE 1250 PHILADELPHIA, PA Fax: TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001 Defendant M.D. DANIEL R. COLKITT represented by CHRISTOPHER REYNA JAY A. DUBOW TERMINATED: 02/27/2001 JOEL M. SWEET TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001

4 Defendant M.D. JEROME DERDEL represented by JEROME DERDEL 2657 SLEEPY HOLLOW DRIVE STATE COLLEGE, PA PRO SE CHRISTOPHER REYNA GAY BARLOW PARKS RAINVILLE PEPPER HAMILTON LLP 3000 TWO LOGAN SQUARE 18TH & ARCH STREETS PHILADELPHIA, PA TEL Fax: FAX JAY A. DUBOW TERMINATED: 02/27/2001 JOEL M. SWEET TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001 PETER KONOLIGE THE WOODS THE WOODS, STE OLD EAGLE SCHOOL ROAD WAYNE, PA TERMINATED: 12/31/2001 PHILIP H. LEBOWITZ PEPPER, HAMILTON & SCHEETZ

5 18TH & ARCH STS TWO LOGAN SQUARE PHILA, PA TEL Fax: FAX Defendant RAYMOND J. CARAVAN represented by CHRISTOPHER REYNA JAY A. DUBOW TERMINATED: 02/27/2001 JOEL M. SWEET TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001 PETER KONOLIGE Defendant DANIEL BECKETT TERMINATED: 10/20/1998 represented by DANIEL BECKETT 137 KINGS WAY ROYAL PALM BEACH, FL PRO SE PETER KONOLIGE TERMINATED: 10/31/2004 Defendant

6 LARRY W. PEARSON represented by CHRISTOPHER REYNA JAY A. DUBOW TERMINATED: 02/27/2001 JOEL M. SWEET TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001 PETER KONOLIGE Defendant GENE E. BURLESON represented by GENE E. BURLESON 320 ARGONNE DRIVE, N.W. ATLANTA, GA PRO SE A. RICHARD FELDMAN BAZELON LESS & FELDMAN PC 1515 MARKET ST 7TH FL PHILADELPHIA, PA Fax: CHRISTOPHER REYNA JAY A. DUBOW TERMINATED: 02/27/2001

7 JOEL M. SWEET TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001 JOHN M. GROSS POWELL GOLDSTEIN FRAZER & MURPHY LLP 191 PEACHTREE ST., 16TH FL ATLANTA, GA TEL Defendant BRIAN C. SMITH represented by CHRISTOPHER REYNA DAVID J. PERLMAN BOCHETTO & LENTZ, P.C LOCUST ST. PHILADELPHIA, PA GEORGE BOCHETTO BOCHETTO & LENTZ PC 1524 LOCUST ST PHILADELPHIA, PA Fax: JAY A. DUBOW TERMINATED: 02/27/2001

8 JOEL M. SWEET TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001 V. Movant RAYMOND J. CARAVAN, JR. represented by RAYMOND J. CARAVAN, JR. 627 W. HILLSIDE AVENUE STATE COLLEGE, PA PRO SE PETER KONOLIGE Defendant M.D. DOUGLAS R. COLKITT represented by DOUGLAS R. COLKITT 9230 BLIND PASS ROAD SARASOTA, FL PRO SE CHRISTOPHER REYNA JAY A. DUBOW TERMINATED: 02/27/2001 JOEL M. SWEET TERMINATED: 11/08/2000 JOEL M. SWEET TERMINATED: 02/27/2001

9 PETER KONOLIGE TERMINATED: 11/30/2001 PHILIP H. LEBOWITZ Date Filed # Docket Text 10/09/ Complaint. filing fee $150 receipt # (tj) (Entered: 10/09/1998) 10/09/1998 Summons(es) issued Forwarded: 8 originals to counsel 10/9/98. (tj) (Entered: 10/09/1998) 10/09/1998 Demand for jury trial by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT. (tj) (Entered: 10/09/1998) 10/09/1998 Special Case Management Track. (tj) (Entered: 10/09/1998) 10/20/ Amended complaint by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT, amending [1-1] complaint against DOUGLAS R. COLKITT (ph) (Entered: 10/20/1998) 10/20/1998 Summons(es) issued on amended complaint Forwarded to: C. Reyna, Esq. 10/20/98 (ph) (Entered: 10/20/1998) 11/05/ MOTION by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT FOR LEE SQUITIERI TO APPEAR PRO HAC VICE (ph) (Entered: 11/05/1998) 11/25/ ORDER GRANTING PLAINTIFF'S MOTION FOR LEE SQUITIERI TO APPEAR PRO HAC VICE (Attorney: LEE SQUITIERI) ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 11/27/98 ENTERED AND COPIES MAILED (ph) (Entered: 11/27/1998) 12/08/ PRETRIAL ORDER NO. 1 SET PRETRIAL CONFERENCE FOR 9:30 12/23/98 IN COURTROOM 10-A; ALL OUTSTANDING DISCOVERY PROCEEDINGS ARE STAYED AND NO FURTHER DISCOVERY SHALL BE INITIATED ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/9/98 ENTERED AND COPIES MAILED AND FAXED 12/8/98. (ph) (Entered: 12/09/1998) 12/08/1998 ORDER THAT THE INITIAL PRETRIAL CONFERENCE WILL BE HELD WHEN DEFENSE COUNSEL HAS ENTERED AN APPEARANCE OR WITHIN 30 DAYS AFTER THE FILING OF THE COMPLAINT ETC; TIME AND EXPENSE RECORDS SHALL BE FILED UNDER SEAL ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/9/98 ENTERED AND COPIES MAILED AND FAXED 12/8/98. (SEE PAPER # 5) (ph) (Entered: 12/09/1998)

10 12/08/1998 Certain documents governed by Protective Order. (ph) (Entered: 12/09/1998) 12/08/1998 STIPULATION AND ORDER THAT , AND ARE CONSOLIDATED FOR ALL PURPOSES PURSUANT TO RULE 42(a) OF THE FRCP; THE CLERK SHOULD MAINTAIN A MASTER DOCKET AND MASTER FILED UNDER THE CAPTION "IN RE EQUIMED, INC. SECURITIES LITIGATION" MASTER FILE , ALL ORDERS, PLEADINGS, MOTIONS AND OTHER DOCUMENTS SHOULD, WHEN FILED AND DOCKETED IN THE MASTER FILE, BE DEEMED FILED AND DOCKETED IN EACH INDIVIDUAL CASE TO THE EXTENT APPLICABLE, WHEN AN ORDER, PLEADINGS, MOTION OR DOCUMENTS IS FILED WITH A CAPTION INDICATING THAT IT IS APPLICABLE TO FEWER THAN ALL OF THESE CONSOLIDATED ACTIONS, THE CLERK SHOULD FILE SUCH PLEADING IN THE MASTER FILE AND NOTE SUCH FILING IN THE MASTER DOCKET AND IN THE DOCKET OF EACH ACTION REFERENCED ETC; WHEN A PLEADING INTENDED TO APPLY TO ALL ACTIONS, THE WORDS "ALL ACTIONS" SHOULD BE INSERTED IN THE CAPTION, WHEN A PLEADING IS INTENDED TO APPLY TO FEWER THAN ALL ACTIONS, THE DOCKET NUMBER FOR EACH INDIVIDUAL ACTION AND THE LAST NAME OF THE FIRST NAMED PLAINTIFF SHOULD BE INSERTED IN THE CAPTION ETC; ALL MOTIONS SEEKING THE APPOINTMENT OF LEAD PLAINTIFF(S) SHALL BE FILED BY 12/11/98; PLAINTIFFS' CONSOLIDATED COMPLAINT SHALL BE FILED 30 DAYS AFTER THE APPOINTMENT OF LEAD PLAINTIFF; DEFENDANTS SHALL FILE THEIR RESPONSIVE PLEADING WITHIN 30 DAYS AFTER SERVICE OF THE CONSOLIDATED COMPLAINT ETC; ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/9/98 ENTERED AND COPIES MAILED (ph) Modified on 12/09/1998 (Entered: 12/09/1998) 12/08/1998 Consolidated Lead Case (ph) (Entered: 12/09/1998) 12/11/ MOTION by PLAINTIFF DAVID NEHME, PLAINTIFF THOMAS JEWETT TO APPOINT LEAD PLAINTIFFS AND APPROVAL OF CO LEAD COUNSEL AND LIAISON COUNSEL, MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE. (ph) (Entered: 12/14/1998) 12/16/ Appearance of for DEFENDANT EQUIMED, INC., DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT DANIEL BECKETT, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT, Certificate of Service. (ph) (Entered: 12/17/1998) 12/17/ ORDER THAT THE CONFERENCE SCHEDULED BY ORDER OF 12/7/98 IS CONTINUED RESET PRETRIAL CONFERENCE FOR 2:00 1/13/99 ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/18/98 ENTERED AND COPIES MAILED AND FAXED. (ph) (Entered: 12/18/1998) 12/23/ MOTION by PLAINTIFF DAVID NEHME FOR VOLUNTARY WITHDRAWAL OF PROPOSED LEAD PLAINTIFF,and VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41 (a)(1), MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 12/24/1998)

11 12/23/ Notice of voluntary dismissal by PLAINTIFF DAVID NEHME (jl) (Entered: 12/24/1998) 01/06/ Response by DEFENDANT EQUIMED, INC., DEFENDANT DANIEL R. COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT to [9-2] MOTION VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41 (a)(1), Memorandum, Certificate of Service. (ph) (Entered: 01/07/1999) 01/19/ ORDER GRANTING DAVID NEHME'S MOTION FOR VOLUNTARY WITHDRAWAL OF PROPOSED LEAD PLAINTIFF, SET HEARING ON A RULE TO SHOW CAUSE FOR 4:00 2/2/99 ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/20/99 ENTERED AND COPIES FAXED 1/19/99. (ph) (Entered: 01/20/1999) 01/20/ Transcript of 1/13/99 hearing. (jl) (Entered: 01/20/1999) 01/20/ Reply by PLAINTIFF DAVID NEHME to DEFENDANTS' response in opposition to MOTION FOR DISMISSAL WITHOUT PREJUDICE, certificate of service. (ky) (Entered: 01/21/1999) 01/22/ PRETRIAL ORDER NO. 4 SCHEDULING ORDER THAT PLFFS' CONSOLIDATED COMPLAINT SHALL BE FILED ON 2/19/99. THE FIRST STATUS CONFERENCE WILL BE HELD ON 4/19/99 AT 4:30PM IN COURTROOM 10-A. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/25/99 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 01/25/1999) 01/22/ PRETRIAL ORDER NO. 5 GRANTING IN PART, DENYING IN PART PLFFS' MOTION TO APPOINT LEAD PLAINTIFFS AND APPROVAL OF CO LEAD COUNSEL AND LIAISON COUNSEL. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 01/25/1999) 01/22/ PRETRIAL ORDER NO. 6 THAT THE CLERK SHALL SERVE COPIES OF ALL ORDERS FILED UNDER THE ABOVE CAPION ONLY TO JULES BRODY, ESQ. AND GROSS, ESQ. AS COUNSEL FOR THE PROPOSED CLASS. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/25/99 ENTERED AND COPIES MAILED AND FAXED. (gn) Modified on 01/25/1999 (Entered: 01/25/1999) 01/22/ PRETRIAL ORDER NO. 7 THAT PARTIES MAY SUBMIT BRIEFS ON 1/29/99. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/25/99 ENTERED AND COPIES MAILED AND FAXED. (gn) Modified on 01/25/1999 (Entered: 01/25/1999) 01/28/ MOTION by PLAINTIFF THOMAS JEWETT FOR ADMISSION PRO HAC VICE OF EDWIN J. MILLS, CERTIFICATE OF SERVICE. (np) (Entered: 01/28/1999) 01/28/ Affidavit of Dr. Nehme, Certificate of service (ph) (Entered: 01/28/1999) 01/29/ Memorandum by DEFENDANT EQUIMED, INC., DEFENDANT DANIEL R.

12 COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT in support of February 2, 1999 Rule to Show Cause Hearing, Certificate of Service. (np) (Entered: 02/01/1999) 02/03/ ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF EDWIN J. MILLS (Attorney: EDWIN J. MILLS) ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 2/3/99 ENTERED AND COPIES MAILED AND FAXED. (ph) (Entered: 02/03/1999) 02/08/ Transcript for Hearing held February 2, (np) (Entered: 02/08/1999) 02/09/ PRETRIAL ORDER NO. 8 - THAT THE RULE TO SHOW CAUSE IS VACATED; DR NEHME'S MOTION FOR VOLUNTARY DISMISSAL OF HIS CLAIMS IS CONTINUED UNDER ADMISEMENT AT LEAST UNTIL DEFENDANTS HAVE FILED ANSWERS TO THE COMPLAINTS IN THE PA. AND FL ACTIONS; DR NEHME AGREES TO STAY DISCOVERY IN THE FLORIDA ACTION AGAINST DEFENDANTS IN THE PA ACTION UNTIL DEFENDANTS HAVE FILED ANSWERS IN BOTH ACTIONS; DEFENDANTS SHALL SERVE COURTESY COPIES OF DISCOVERY REQUESTS IN THE PA ACTION ON COUNSEL FOR DR. NEHME ETC ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 2/10/99 ENTERED AND COPIES MAILED AND FAXED 2/9/99. (ph) (Entered: 02/10/1999) 02/22/ Consolidated Amended complaint, Certificate of Service. (ph) (Entered: 02/22/1999) 02/26/ Monthly time and expense report of PLAINTIFF THOMAS JEWETT pursuant to Pretrial Order No. 5 (ph) (Entered: 02/26/1999) 02/26/ Certification of lead Counsel re: review of time and expense records (ph) (Entered: 02/26/1999) 03/22/ MOTION by DEFENDANT EQUIMED, INC., DEFENDANT DANIEL R. COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT DANIEL BECKETT, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE, APPENDIX TO MEMORANDUM. (mrs) (Entered: 03/23/1999) 03/30/ Certificate of lead counsel (No. 2) filed under seal pursuant to paragraph 10 of pretrial order no. 5 (ph) (Entered: 03/30/1999) 04/21/ Memorandum by PLAINTIFF THOMAS JEWETT in opposition to MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT, Certificate of Service. (ph) (Entered: 04/21/1999) 04/30/ Certification of lead counsel (No. 3) (SEALED) (ph) (Entered: 04/30/1999) 05/07/ Submission of supplemental legal authority by PLAINTIFF THOMAS JEWETT in opposition to MOTION TO DISMISS, Certificate of Service. (ph) (Entered:

13 05/07/1999) 05/14/ ORDER THAT ORAL ARGUMENT ON ALL OUTSTANDING MOTIONS WILL BE HELD ON MAY 28, 1999 AT 10:00AM IN COURTROOM 10-A. (SIGNED BY JUDGE NORMA L. SHAPIRO) 5/14/99 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 05/14/1999) 05/28/ Certificate of lead counsel (NO. 4) (SEALED) (ph) (Entered: 06/01/1999) 06/01/ ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS, IT IS ORDERED THAT PARTIES MAY FILE SUPPLEMENTAL BRIEFS ADDRESSING RECENT CASE LAW ON OR BEFORE 6/10/99 ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 6/2/99 ENTERED AND COPIES MAILED AND FAXED 6/1/99. (ph) (Entered: 06/02/1999) 06/10/ Supplemental Brief by PLAINTIFF THOMAS JEWETT addressing recent case law, Certificate of Service. (ph) (Entered: 06/10/1999) 06/10/ Supplemental Memorandum by DEFENDANT DANIEL R. COLKITT, DEFENDANT JEROME DERDEL, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT LARRY W. PEARSON, DEFENDANT GENE E. BURLESON, DEFENDANT BRIAN C. SMITH, DEFENDANT DOUGLAS R. COLKITT in support of MOTION TO DISMISS, Certificate of Service. (ph) (Entered: 06/10/1999) 07/01/ Notice of change of address by JAY A. DUBOW, Certificate of service (ph) (Entered: 07/02/1999) 07/08/ Certificate of lead Counsel (No.5) (SEALED) (ph) Modified on 07/08/1999 (Entered: 07/08/1999) 07/28/ Certificate of lead counsel (No. 6) (SEALED) (ph) (Entered: 07/28/1999) 08/30/ Certificate of lead counsel (No. 7), Certificate of service (Sealed) (ph) (Entered: 08/30/1999) 09/27/ Certificate of lead counsel (No. 8) (SEALED) (ph) (Entered: 09/27/1999) 11/02/ Certification of Lead Counsel (No.9), certificate of service. (FILED UNDER SEAL). (fb) (Entered: 11/03/1999) 12/01/ Certification of lead Counsel (No. 10): filed under seal pursuant to the Court's pretrial order NO. 5 (SEALED) (ph) (Entered: 12/02/1999) 12/30/ Certification of Counsel: Certificate of lead counsel (No. 11) pursuant to Court's pretrial order no. 5 (SEALED) (ph) (Entered: 12/30/1999) 01/27/ Certification of lead counsel (No. 12) filed under seal pursuant to the Court's pretrial order No. 5 (SEALED) (ph) (Entered: 01/27/2000) 03/09/ Certification of lead counsel (No. 13) (SEALED) (ph) (Entered: 03/10/2000) 03/14/ Suggestion of Bankruptcy by DEFENDANT EQUIMED, INC., Certificate of Service. (fdc) (Entered: 03/15/2000) 04/04/ Certificate of Lead Counsel (No. 14). (UNDER SEAL) (gn) (Entered: 04/05/2000)

14 05/03/ Certification of Lead Counsel (No. 15), Filed Under Seal Pursuant to the Court's Pretrial Order No. 5) (ldb) (Entered: 05/03/2000) 05/09/ MEMORANDUM AND PRETRIAL ORDER NO. 11 THAT PLAINTIFFS' CLAIMS AGAINST EQUIMED, INC. ARE SEVERED AND STAYED PENDING DISPOSITION OF THE BANKRUPTCY; GRANTING IN PART, DENYING IN PART DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT; REVISED CONSOLIDATED AMENDED CLASS ACTION COMPLAINT SHALL BE FILED 5/30/00, ALL DEFENDANTS OTHER THAN EQUIMED, INC. SHALL FILE AN ANSWER TO THE REVISED CONSOLIDATED AMENDED CLASS ACTION COMPLAINT BY 6/19/00, A STATUS AND DISCOVERY CONFERENCE WILL BE HELD 9:30 6/22/00 (SIGNED BY JUDGE NORMA L. SHAPIRO) 5/10/00 ENTERED and COPIES MAILED. (ldb) Modified on 05/10/2000 (Entered: 05/09/2000) 05/30/ Revised Consolidated Amended Class Action Complaint, Certificate of Service. (ldb) Modified on 05/31/2000 (Entered: 05/30/2000) 06/05/ Certificate of Lead Counsel (NO. 16) (FILED UNDER SEAL) (ldb) (Entered: 06/06/2000) 06/08/ MOTION by HERBARD LIMITED TO CERTIFY CLASS ACTION, MEMORANDUM,, CERTIFICATE OF SERVICE. (ldb) (Entered: 06/08/2000) 06/19/ Answer by DOUGLAS R. COLKITT, BRIAN C. SMITH, GENE E. BURLESON, LARRY W. PEARSON, DANIEL BECKETT, RAYMOND J. CARAVAN, JEROME DERDEL to amended complaint, Affirmative Defenses, Certificate of Service. (ldb) (Entered: 06/20/2000) 06/23/ ORDER THAT PLAINTIFFS SHALL RESPOND TO DEFENDANTS' DOCUMENT REQUESTS AND INTERROGATORIES RELEVANT TO CLASS CERTIFICATION, AND PRODUCE DOCUMENTS RESPONSIVE TO DEFENDANTS' DOCUMENT REQUESTS, ON OR BEFORE 7/24/00. DEFENDANTS MAY DEPOSE THE CLASS REPRESENTATIVE ON MATTERS RELEVANT TO CLASS CERTIFICATION ON OR BEFORE 7/31/00. DEFENDANTS SHALL COMPLETE CLASS DISCOVERY AND FILE AND SERVE A RESPONSE TO THE MOTION FOR CLASS CERTIFICATION ON OR BEFORE 8/30/00. PLAINTIFFS MAY FILE AND SERVE A REPLY TO DEFENDANTS' RESPONSE TO THE MOTION FOR CLASS CERTIFICATION ON OR BEFORE 9/13/00. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 6/23/00 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 06/23/2000) 06/23/ ORDER THAT: PLFF DAVID NEHME'S MOTION FOR VOLUNTARY DISMISSAL IS GRANTED. DAVID NEHME IS DISMISSED AS A PARTY PLFF. (SIGNED BY JUDGE NORMA L. SHAPIRO) 6/23/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (fb) (Entered: 06/23/2000) 07/05/ Certificate of Lead Counsel (No. 17) Edwin J. Mills re: reviewed the Time and Expense reports of plaintiffs' counsel for the Month of May, 2000, Certificate of Service. (ldb) Modified on 07/06/2000 (Entered: 07/06/2000)

15 07/05/ Time and Expense Reports of plaintiffs' counsel for the Month of May, (Filed under Seal) (td) (Entered: 07/06/2000) 07/06/ Transcript for Hearing held on 6/22/00 before Shapiro, J. (ldb) (Entered: 07/06/2000) 07/28/ Certificate of Lead Counsel (No. 18). (Filed under seal) (md) (Entered: 07/31/2000) 08/18/ Certificate by PLFFS' Lead Counsel EDWIN J. MILLS, ESQ., (No. 19), Certificate of Service. (Filed under seal) (md) Modified on 08/21/2000 (Entered: 08/21/2000) 08/25/ STIPULATION AND ORDER THAT DEFTS' RESPONSE TO PLFFS' MOTION FOR CLASS CERTIFICATION SHALL BE FILED ON OR BEFORE 9/29/00 & THAT PLFFS' REPLY TO DEFTS' RESPONSE SHALL BE FILED ON OR BEFORE 10/20/00. ( SIGNED BY MAGISTRATE JUDGE M. F. ANGELL ) 8/28/00 ENTERED AND COPIES MAILED AND FAXED ON 8/25/00. (kw) (Entered: 08/28/2000) 09/27/ MOTION by WOLF, BLOCK, SCHORR AND SOLIS-COHEN LLP FOR LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF EQUIMED, INC., CERTIFICATE OF SERVICE. (ldb) (Entered: 09/27/2000) 09/28/ PRETRIAL ORDER NO. 14,THAT PLAINTIFFS SHALL PRODUCE THOMAS HUSER, ESQ. FOR DEPOSITION ON OCTOBER 3, 2000; RESPONSE TO MOTION reset to 10/17/00 for MOTION TO CERTIFY CLASS ACTION, set STATUS CONFERENCE FOR 9:30 10/27/00 ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 9/29/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS on 9/28/00. (ldb) Modified on 09/29/2000 (Entered: 09/29/2000) 09/28/ Monthly Time and Expense Reports of PLAINTIFFS' counsel, Certificate of Counsel, Certificate of Service. (FILED UNDER SEAL) (ldb) (Entered: 09/29/2000) 10/17/ DEFENDANTS' Response to Lead Plff's MOTION FOR CLASS CERTIFICATION, Certificate of Service. (aa) (Entered: 10/18/2000) 10/31/ Certification of Lead Counsel (No. 21) (FILED UNDER SEAL) (dt) (Entered: 10/31/2000) 10/31/ ORDER THAT: THE MOTION OF WOLF, BLOCK, SCHORR AND SOLIS- COHEN LLP FOR LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF EQUIMED, INC. IS GRANTED. LEAD PLFF'S MOTION FOR CLASS CERTIFICATION IS GRANTED. A STATUS CONFERENCE SHALL BE HELD ON 11/29/00, AT 2:00 P.M.. DISCOVERY COMPLETED BY 1/31/01; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 4/12/01; DEFENDANT'S PRETRIAL MEMORANDUM DUE 4/26/01; A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 5/29/01, ETC.. (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/1/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/30/00. (fb) (Entered: 11/01/2000) 10/31/ ORDER THAT THE MOTION OF WOLF, BLOCK, SCHORR AND SOLIS- COHEN'S LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF EQUIMED, INC. IS GRANTED, ETC.. (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/1/00 ENTERED AND COPIES MAILED AND FAXED BY

16 CHAMBERS. (fb) (Entered: 11/01/2000) 10/31/ Withdrawal of appearance by JAY A. DUBOW, ESQ. for DEFENDANT EQUIMED, INC., Certificate of Service. (kw) (Entered: 11/01/2000) 11/09/ ORDER THAT THE FINAL PRETRIAL CONFERENCE WILL BE HELD AT 2:00 PM ON 5/29/01 ; ALL OTHER PROVISIONS OF THIS COURT'S ORDER OF 10/30/00, REMAIN UNCHANGED (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/13/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 11/09/00. (np) (Entered: 11/13/2000) 11/16/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 1), Certificate of Service (ldb) (Entered: 11/16/2000) 11/30/ ORDER THAT DEFENDANT PEARSON SHALL BE PRODUCED FOR DEPOSITION ON OR BEFORE 1/31/01 OR HE WILL BE PRECLUDED FROM TESTIMONY AT TRIAL. DEFENDANTS DERDEL, CARAVAN, BECKETT, PEARSON AND COLKITT SHALL BE DEPOSED IN PHILADELPHIA, PA. DEFENDANTS SMITH AND BURLESON SHALL BE DEPOSED TELEPHONICALLY OR VIA VIDEOCONFERENCE. PARAGRAPH 7 OF THIS COURT'S OCTOBER 30, 2000, ORDER IS AMENDED AS FOLLOWS: ALL DEPOSITIONS OF THE INDIVIDUAL DEFENDANTS SHALL BE CONDUCTED ON OR BEFORE 1/31/01. ALL OTHER PROVISIONS OF THAT ORDER REMAIN IN FULL FORCE. A STATUS CONFERENCE SHALL BE HELD ON 2/1/01 AT 9:30 A.M. (SIGNED BY JUDGE NORMA L. SHAPIRO) 12/1/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 11/30/00. (fh) (Entered: 12/01/2000) 11/30/ STIPULATED PROTECTIVE ORDER RE: DISCOVERY. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/1/00 ENTERED AND COPIES MAILED. (md) (Entered: 12/01/2000) 11/30/2000 Certain documents governed by Protective Order. (md) (Entered: 12/01/2000) 11/30/ Minute entry: 11/29/00 - Status hearing (ph) (Entered: 12/01/2000) 12/01/ Transcript for class certification hearing and status conference on 10/27/00 before Shapiro, J. (ldb) (Entered: 12/04/2000) 12/04/ Certificate of lead counsel (No. 22), Certificate of Service. (Filed under seal) (md) (Entered: 12/04/2000) 12/07/ Transcript for Hearing held 11/29/00. (td) (Entered: 12/08/2000) 12/19/ Monthly Written Report concerning Bankruptcy Proceedings filed by lead counsel for lead plff and the class (Report No.2), Certificate of Service. (gn) (Entered: 12/19/2000) 01/02/ Certificate of Lead Counsel (No. 23) (FILED UNDER SEAL) (dt) (Entered: 01/02/2001) 01/02/ Petition of Wolf Block, counsel for DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON,

17 DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL for Leave to Withdraw Pursuant to Local Rule 5.1, Memorandum, Certificate of Service. (rp) (Entered: 01/03/2001) 01/02/ MOTION BY DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL FOR A STAY OF PROCEEDINGS, MEMORANDUM, CERTIFICATE OF SERVICE. (rp) (Entered: 01/03/2001) 01/05/ PRETRIAL ORDER NO. 19 THAT WOLF BLOCK'S PETITION FOR LEAVE TO WITHDRAW WILL BE GRANTED ON 2/1/01. ALL INDIVIDUALS WHO CONSENT MUST HAVE THE APPEARANCE OF SUBSTITUTE COUNSEL ENTERED ON 1/31/01 OR APPEAR PRO SE. A STATUS CONFERENCE SHALL BE HELD ON 2/1/01 AT 9:30AM. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/5/01 ENTERED AND COPIES MAILED AND FAXED. (gn) Modified on 01/05/2001 (Entered: 01/05/2001) 01/17/ ORDER THAT WOLF BLOCK'S PETITION FOR LEAVE TO WITHDRAW WILL BE GRANTED ON 2/1/01, PROVIDED THE INDIVIDUAL DEFENDANTS SUBMIT WRITTEN CONSENTS OR TESTIMONY ON 2/1/01. ALL INDIVIDUALS WHO CONSENT MUST HAVE THE APPEARANCE OF SUBSTITUTE COUNSEL ENTERED BY 1/31/01 OR APPEAR PRO SE. A STATUS CONFERENCE SHALL BE HELD ON 2/1/01 AT 9:30 AM. ALL PROCEEDINGS ARE STAYED UNTIL 2/1/01. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/18/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 01/18/2001) 01/18/ Monthly Written Report concerning bankruptcy proceedings filed by lead counsel for lead plaintiff and the class (Report No. 3), Certificate of Service. (fdc) (Entered: 01/18/2001) 01/29/ PRETRIAL ORDER NO. 20 THAT THE AGENDA FOR THE STATUS CONFERENCE SET FOR 2/1/01 AT 9:30 A.M. IS AMENDED AS OUTLINED IN THIS ORDER. (SIGNED BY JUDGE NORMA L. SHAPIRO), 1/30/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/29/01. (rp) (Entered: 01/30/2001) 02/01/ Certification of Lead Counsel No. 24. (FILED UNDER SEAL). (rp) Modified on 02/01/2001 (Entered: 02/01/2001) 02/01/ Minute entry dated 2/1/01 re: Status Hearing. Court rules that case is stayed for 90 days pending decision of the bankruptcy matter in Maryland. (rp) (Entered: 02/01/2001) 02/01/ PRETRIAL ORDER NO. 21 THAT WOLF BLOCK'S MOTION TO WITHDRAW AS COUNSEL FOR THE INDIVIDUAL DEFTS. WILL BE GRANTED WITHOUT THEIR CLIENTS' CONSENT ON 2/15/01 AS TO ALL CLIENTS WITH WHOM IT HAS NOT THEN ENTERED INTO A FEE AGREEMENT. THIS ACTION WILL BE PLACED IN ADMINISTRATIVE SUSPENSE UNTIL 5/2/01. COUNSEL FOR LEAD PF. SHALL NOTIFY THE

18 COURT OF THE STATUS OF THE INSURANCE COVERAGE ACTION PENDING IN THE MARYLAND BANKRUPTCY COURT ON OR BEFORE 5/2/01, ETC. (SIGNED BY JUDGE NORMA L. SHAPIRO), 2/1/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (rp) (Entered: 02/01/2001) 02/12/ Notice of Pro Se Appearance of Raymond J. Caravan, Jr. (fdc) (Entered: 02/12/2001) 02/12/ Notice of pro se appearance by DEFENDANT JEROME DERDEL (ph) (Entered: 02/12/2001) 02/12/ Notice of Appearance by DEFENDANT DOUGLAS R. COLKITT to proceed pro se. (fb) (Entered: 02/13/2001) 02/15/ Notice of Pro Se Appearance by DEFENDANT LARRY W. PEARSON. (fdc) (Entered: 02/15/2001) 02/16/ Notice of pro se appearance by DEFENDANT GENE E. BURLESON. (md) (Entered: 02/16/2001) 02/20/ Appearance of G. ALEXANDER BOCHETTO for DEFENDANT BRIAN C. SMITH; jury demand, Certificate of Service. (rp) (Entered: 02/20/2001) 02/20/ Monthly Written Report Concerning Bankruptcy Proceedings Filed By Lead Counsel For Lead Plaintiff And The Class (Report No. 4), Certificate of Service. (rp) Modified on 02/20/2001 (Entered: 02/20/2001) 02/27/ PRETRIAL ORDER NO. 22 THAT WOLF BLOCK'S MOTION TO WITHDRAW AS COUNSEL FOR THE INDIVIDUAL DEFTS. IS GRANTED. DEFT. BECKETT SHALL APPEAR PRO SE IN ACCORDANCE WITH PARAGRAPH 2 OF PRETRIAL ORDER NO. 21. (SIGNED BY JUDGE NORMA L. SHAPIRO), 2/28/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/27/01. (rp) (Entered: 02/28/2001) 03/01/ Certificate of Lead Counsel (No. 25). (FILED UNDER SEAL). (rp) (Entered: 03/01/2001) 03/02/ Pro Se Appearance by DEFENDANT DANIEL BECKETT. (rp) (Entered: 03/02/2001) 03/15/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 5), Certificate of Service. (rp) (Entered: 03/15/2001) 04/03/ Certification of Lead Counsel (No. 26). (FILED UNDER SEAL). (rp) (Entered: 04/03/2001) 04/13/ Monthly Written Report of PLAINTIFF THOMAS JEWETT Concerning Bankruptcy Proceedings Filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 6), Certificate of Service. (rp) (Entered: 04/13/2001) 04/30/ Report of Lead Plaintiff Concerning the Status of the Insurance Coverage Action pursuant to Pretrial Order No. 21, Certificate of Service. (rp) (Entered: 04/30/2001)

19 05/03/ Certification of Lead Counsel (No. 27). (FILED UNDER SEAL). (rp) (Entered: 05/04/2001) 05/04/ PRETRIAL ORDER NO. 24 THAT THIS ACTION WILL REMAIN IN ADMINISTRATIVE SUSPENSE UNTIL 6/4/01. (SIGNED BY JUDGE NORMA L. SHAPIRO), 5/7/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 5/4/01. (rp) (Entered: 05/07/2001) 05/22/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 7), Certificate of Service. (rp) (Entered: 05/22/2001) 05/29/ Certification of Lead Counsel (No. 28). (FILED UNDER SEAL). (rp) (Entered: 05/29/2001) 06/14/ PRETRIAL ORDER NO. 25 THAT THIS ACTION WILL REMAIN IN ADMINISTRATIVE SUSPENSE UNTIL 9/4/01. NO FURTHER EXTENSIONS WILL BE GRANTED. (SIGNED BY JUDGE NORMA L. SHAPIRO), 6/14/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (rp) (Entered: 06/14/2001) 06/19/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 8), Certificate of Service. (rp) (Entered: 06/19/2001) 06/29/ Certificate of Lead Counsel (No. 29). (FILED UNDER SEAL). (fb) (Entered: 07/02/2001) 07/17/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for the Lead Plaintiff and the Class (REPORT #9). Certificate of Service. (jpd) (Entered: 07/17/2001) 07/18/ Monthly Written Report concerning Bankruptcy Proceedings filed by lead counsel for lead plff and the class (Report No. 9), Certificate of Service. (gn) (Entered: 07/19/2001) 07/31/ Certificate of Lead Counsel (No. 30). (FILED UNDER SEAL). (rp) (Entered: 07/31/2001) 08/16/ Monthly written report concerning Bankruptcy proceedings filed by Lead Counsel for Lead Plaintiff and the Class, (Report No. 10), Certificate of Service. (rv) Modified on 08/16/2001 (Entered: 08/16/2001) 09/04/ Certificate of Lead Counsel: No. 31 (FILED UNDER SEAL). (rv) (Entered: 09/04/2001) 09/06/ Appearance of A. RICHARD FELDMAN for DEFENDANT GENE E. BURLESON, Certificate of Service. (rv) (Entered: 09/06/2001) 09/06/ MOTION by DEFENDANT GENE E. BURLESON FOR PRO HAC VICE ADMISSION OF JOHN M. GROSS,ESQ., CERTIFICATE OF SERVICE. (rv) (Entered: 09/06/2001) 09/14/ ORDER THAT THE COURT GRANTS THE MOTION FOR PRO HAC VICE ADMISSION OF JOHN M. GROSS,ESQ. ( SIGNED BY JUDGE NORMA L.

20 SHAPIRO ) 9/17/01 ENTERED AND COPIES MAILED. FAXED BY CHAMBERS ON 9/14/01. (rv) (Entered: 09/17/2001) 09/17/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 11), Certificate of Service. (rp) (Entered: 09/17/2001) 09/19/ Notice of change of address by DEBORAH R. GROSS, BERNARD M. GROSS, Certificate of Service. (rv) Modified on 09/19/2001 (Entered: 09/19/2001) 09/28/ Certificate of Lead Counsel(No.32). (FILED UNDER SEAL) (afm) Modified on 10/01/2001 (Entered: 09/28/2001) 10/02/ ORDER THAT THIS CASE IE REMOVED FROM ADMINISTRATIVE SUSPENSE SET SCHEDULING ORDER DEADLINES: PRETRIAL CONFERENCE WILL BE HELD ON 4:00 11/29/01 ; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 10/22/01 ; DEFENDANT'S PRETRIAL MEMORANDUM DUE 11/5/01 ; TRIAL POOL DEADLINE SET FOR 11/30/01 ; ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/3/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/2/01. (rv) (Entered: 10/03/2001) 10/11/ ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 10/19/01 AT 10:00, IN COURTROOM 10-A ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/12/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/11/01. (rv) (Entered: 10/12/2001) 10/15/ Appearance of PETER KONOLIGE for DEFENDANT JEROME DERDEL, Certificate of Service. (rv) (Entered: 10/15/2001) 10/17/ Monthly Written Report concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 12), Certificate of Service. (fdc) (Entered: 10/17/2001) 11/07/ Certification of Lead Counsel No. 33 re: filing of time and expese reports under seal, Certificate of Service. (rv) (Entered: 11/07/2001) 11/07/ Report of Time and Expenses of Lead counsel for the month of September (FILED UNDER SEAL). (rv) (Entered: 11/07/2001) 11/16/ Monthly Written Report concerning Bankruptcy Proceedings filed by Lead Counsel for LEAD PLAINTIFF THOMAS JEWETT and the Class (Report no. 13), Certificate of Service. (rv) (Entered: 11/21/2001) 11/19/ Appearance of PETER KONOLIGE for DEFENDANT DOUGLAS R. COLKITT, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, MOVANT RAYMOND J. CARAVAN JR.; jury demand, Certificate of Service. (rv) (Entered: 11/19/2001) 11/19/ SCHEDULING ORDER SETTING DISCOVERY COMPLETED BY 11/30/01 ; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 11/30/01 ; DEFENDANT'S PRETRIAL MEMORANDUM DUE 12/31/01 ; PRETRIAL CONFERENCE WILL BE HELD ON 2:00 2/14/02 ; ETC. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 11/20/01 ENTERED AND COPIES MAILED AND FAXED BY

21 CHAMBERS ON 11/19/01. (rv) (Entered: 11/20/2001) 11/20/ Transcript of 10/19/01 hearing (jl) (Entered: 11/20/2001) 11/20/ Supplement to Monthly written Report No. 13 concerning Bankruptcy proceedings filed by Lead Counsel for Lead PLAINTIFF and the CLASS, Certificate of Service. (rv) (Entered: 11/20/2001) 11/26/ MOTION by NOTICE ONLY ERNST & YOUNG LLP FOR PROTECTIVE ORDER, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (rv) (Entered: 11/27/2001) 11/30/ Certification of Counsel (No. 34) re: Filing of time and expense reports under seal pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) Modified on 11/30/2001 (Entered: 11/30/2001) 11/30/ Report of Time and Expense Reports of Lead Counsel (No. 34) for the month of October (FILED UNDER SEAL). (rv) (Entered: 11/30/2001) 11/30/ Appearance of for DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN; jury demand, Certificate of Service. (rv) (Entered: 11/30/2001) 11/30/2001 Withdrawal of appearance by PETER KONOLIGE for DEFENDANT DOUGLAS R. COLKITT. (See Paper No. 137). (rv) (Entered: 11/30/2001) 11/30/ Pretrial Memorandum by HERBARD LIMITED, Certificate of Service. (rv) (Entered: 11/30/2001) 11/30/ Report of Anticipated Testimony (R. ALAN MILLER). (rv) (Entered: 11/30/2001) 12/03/ Appearance of PHILIP H. LEBOWITZ for DEFENDANT DOUGLAS R. COLKITT, Certificate of Service. (rv) (Entered: 12/04/2001) 12/06/ Notice of (PRO SE DEFENDANT RAYMOND J. CARAVAN, JR'S) Refusal to Accept PLAINTIFF'S Pretrial Memorandum by PLAINTIFF THOMAS JEWETT, Certificate of Service. (rv) (Entered: 12/06/2001) 12/06/ MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL TO STRIKE PLAINTIFF'S PRETRIAL MEMORANDUM, AND FOR STATUS CONFERENCE, BRIEF, CERTIFICATES OF SERVICE. (rv) (Entered: 12/06/2001) 12/13/ Memorandum of Law by DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to ERNST & YOUNG LLP'S MOTION FOR PROTECTIVE ORDER, Certificate of Service. (rv) (Entered: 12/14/2001) 12/18/ MOTION by DEFENDANT BRIAN C. SMITH FOR SUMMARY JUDGMENT, MEMORANDUM, EXHIBITS VOL. I & II, CERTIFICATE OF SERVICE. (rv) (Entered: 12/19/2001) 12/19/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead

22 Counsel for Lead PLAINTIFF THOMAS JEWETT the Class. (Report No. 14), Certificate of Service. (rv) Modified on 12/19/2001 (Entered: 12/19/2001) 12/20/ Memorandum of Law by PLAINTIFF THOMAS JEWETT in opposition to DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S PRETRIAL MEMORANDUM AND FOR STATUS CONFERENCE, Certificate of Service. (rv) (Entered: 12/20/2001) 12/20/ Reply Memorandum by ERNST & YOUNG LLP in support of ERNST & YOUNG LLP'S MOTION FOR PROTECTIVE ORDER, Certificate of Service. (rv) (Entered: 12/20/2001) 12/31/ MOTION by DEFENDANT GENE E. BURLESON FOR SUMMARY JUDGMENT, BRIEF, EXHIBITS, CERTIFICATES OF SERVICE. (rv) Modified on 12/31/2001 (Entered: 12/31/2001) 12/31/ Appearance of GAY BARLOW PARKS RAINVILLE for DEFENDANT JEROME DERDEL, Withdrawal of Appearance of PETER KONOLIGE for DEFENDANT JEROME DERDEL, Certificate of Service. (rv) (Entered: 12/31/2001) 12/31/ JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL FOR SUMMARY JUDGMENT, MEMORANDUM, APPENDIX I & II, CERTIFICATE OF SERVICE. (rv) (Entered: 01/02/2002) 12/31/ JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL IN LIMINE, MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 01/02/2002) 12/31/ Joint Pretrial Memorandum filed by DEFENDANTS DOUGLAS R. COLKITT, JEROME DERDEL, GENE E. BURLESON, DANIEL L. BECKETT, LARRY W. PEARSON, RAYMOND J. CARAVAN and BRIAN C. SMITH, Certificate of Service. (rv) (Entered: 01/02/2002) 01/03/ Certificate of Lead Counsel (No. 35) re: Filing of time and expense reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate if Service. (rv) (Entered: 01/03/2002) 01/03/ JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL IN LIMINE TO RXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFFERED EXPERT ON LOSS CAUSATION AND DAMAGES, MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 01/03/2002) 01/03/ ORDER THAT LEAD PLAINTIFF SHALL FILE (A) A SINGLE BRIEF IN OPPOSITION TO THE 3 SUMMARY JUDGMENT MOTIONS; (B) A BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE ON OR BEFORE

23 1/24/02, AND LEAD PLAINTIFF SHALL FILE MOTIONS IN LIMINE RELATING TO DEFENDANT'S EXPERT WITNESSES ON OR BEFORE 1/24/02. IN ALL OTHER RESPECTS, THIS COURT'S SCHEDULING ORDER OF 11/19/01 REMAINS UNCHANGED. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/4/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/3/02. (rv) Modified on 01/04/2002 (Entered: 01/04/2002) 01/03/ Joinder by DEFENDANT BRIAN C. SMITH in DEFENDANTS COLKITT, DERDEL, BECKETT, CARAVAN, PEARSON AND BURLESON'S MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (rv) (Entered: 01/04/2002) 01/17/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff and the Class (Report No. 15), Certificate of Service. (rv) (Entered: 01/17/2002) 01/17/ ORDER THAT ERNST & YOUNG'S MOTION FOR PROTECTIVE ORDER IS DENIED AS MOOT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/17/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/17/02. (rv) (Entered: 01/17/2002) 01/22/ MOTION by DEFENDANT DOUGLAS R. COLKITT FOR LEAVE TO FILE AMENDED ANSWER, CERTIFICATE OF SERVICE. (AMEMDED ANSWER ATTACHED). (rv) (Entered: 01/23/2002) 01/22/ Memorandum by DEFENDANT DOUGLAS R. COLKITT in support of his MOTION FOR LEAVE TO FILE AMENDED ANSWER, Certificate of Service. (rv) (Entered: 01/23/2002) 01/24/ MOTION by LEAD PLAINTIFF HERBARD LIMITED TO STRIKE AFFIDAVIT OF DOUGLAS R. COLKITT EXECUTED 12/24/01, AND TO PRECLUDE DEFENDANT COLKITT FROM OFFERING OR ELICITING ANY EVIDENCE THAT HE DID NOT RECEIVE THE 5/21/97 MANAGEMENT LETTER ON OR ABOUT ITS DATE., MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002) 01/24/ MOTION by LEAD PLAINTIFF HERBARD LIMITED IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN, DEFENDANTS' PROFERRED EXPERT ON THE DISCLOSURE OBLIGATIONS OF THE DEFENDANT DIRECTORS AND DEFENDANTS' COMPLIANCE THEREWITH, MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002) 01/24/ MOTION by LEAD PLAINTIFF HERBARD LIMITED TO REQUIRE DEFENDANTS TO TESTIFY DURING LEAD PLAINTIFF'S CASE, OR NOT AT ALL, MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002) 01/24/ MOTION by LEAD PLAINTIFF HERBARD LIMITED IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF THE PROFERRED TESTIMONY OF DEFENDANTS' EXPERT DAVID I. TABAK, MEMORANDUM, CERTIFICATES OF SERVICE. (rv) (Entered: 01/24/2002) 01/24/ Memorandum by LEAD PLAINTIFF HERBARD LIMITED in opposition to

24 DEFEDANTS' MOTION TO EXCLUDE THE TESTIMONY OF LEAD PLAINTIFF'S EXPERT WITNESS ON LOSS CAUSATION AND DAMAGES, R. ALAN MILLER, Certificate of Service. (rv) (Entered: 01/24/2002) 01/24/ Memorandum by LEAD PLAINTIFF HERBARD LIMITED in opposition to DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT, Certificate of Service. (rv) (Entered: 01/24/2002) 01/24/ Compendium of Exhibits by LEAD PLAINTIFF HERBARD LIMITED in opposition to DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (see paper no. 166), in opposition to DEFENDANTS' MOTIONS TO PRECLUDE (see paper no 165), and in support of Lead Plaintiff's MOTIONS TO PRECLUDE (see paper no's. 162,164) AND TO STRIKE (see paper no. 161). (rv) (Entered: 01/24/2002) 01/30/ Certification of Lead Counsel (No. 36) re: Filing of Time and Expense Reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) (Entered: 01/30/2002) 02/01/ JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL, DEFENDANT DANIEL R. COLKITT FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (REPLY MEMORANDUM ATTACHED). (rv) (Entered: 02/04/2002) 02/01/ JOINT MOTION by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL, DEFENDANT DANIEL R. COLKITT FOR LEAVE TO FILE REPLY IN SUPPORT OF THEIR MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFERRED EXPERT ON LOSS CAUSATION AND DAMAGES, CERTIFICATE OF SERVICE. (REPLY ATTACHED). (rv) (Entered: 02/04/2002) 02/06/ Memorandum by NOTICE ONLY HERBARD LIMITED in opposition to DEFENDANT COLKITT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER, Certificate of Service. (rv) (Entered: 02/06/2002) 02/07/ Memorandum of Law by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to LEAD PLAINTIFF'S MOTION TO STRIKE AFFIDAVIT OF DOUGLAS R. COLKITT EXECUTED 12/24/01, Certificate of Service. (rv) (Entered: 02/08/2002) 02/07/ Response by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL to LEAD PLAINTIFF'S MOTION TO REQUIRE DEFENDANTS TO TESTIFY DURING LEAD

25 PLAINTIFF'S CASE, OR NOT AT ALL, Certificate of Service. (rv) (Entered: 02/08/2002) 02/07/ Memorandum of Law by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to LEAD PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN, Certificate of Service. (rv) (Entered: 02/08/2002) 02/07/ Memorandum of Law by DEFENDANT DOUGLAS R. COLKITT, DEFENDANT BRIAN C. SMITH, DEFENDANT GENE E. BURLESON, DEFENDANT LARRY W. PEARSON, DEFENDANT DANIEL BECKETT, DEFENDANT RAYMOND J. CARAVAN, DEFENDANT JEROME DERDEL in opposition to LEAD PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF THE PROFERRED TESTIMONY OF DEFENDANTS' EXPERT DAVID I. TABAK, Certificate of Service. (rv) (Entered: 02/08/2002) 02/12/ Monthly Written Report Concerning Bankruptcy Proceedings filed by Lead Counsel for Lead Plaintiff HERBARD LIMITED and the Class (Report No. 16), Certificate of Service. (rv) (Entered: 02/12/2002) 02/15/ Minute entry regarding Status Hearing held on 2/14/02: State by the court and counsel. COURT rules: MOTION IN LIMINE (No. 151) is stricken; DEFENDANT COLKITT'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER is granted; PLAINTIFF'S MOTION TO STRIKE COLKITT AFFIDAIT is denied; PLAINTIFF'S MOTION TO REQUIRE DEFENDANTS TO TESTIFY is granted; all other MOTIONS are taken under advisement. A Daubert hearing will be held on 3/21/02 at 10:00. A written Order will issue. (rv) (Entered: 02/15/2002) 02/15/ ORDER THAT (1) A DAUBERT HEARING WILL BE HELD 3/21/02 AT 10:00, THE FOLLOWING MOTIONS ARE HELD IN ADVISEMENT: PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN, PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF EXPERT DAVID I. TABAK, AND DEFENDANT'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALN MILLER. (2) DEFENDANT'S MOTION IN LIMINE (#151) WAS ENTERED DUE TO A CLERICAL ERROR, AND IS STRICKEN. (3) DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S PRETRIAL MEMORANDUM AND FOR A STATUS CONFERENCE IS DENIED AS MOOT, ETC. (4) COLKITT'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER IS GRANTED; COLKITT HAS LEAVE TO FILE AN AMENDED ANSWER ON OR BEFORE 3/1/02. (5) PLAINTIFF'S MOTION TO STRIKE AFFIDAVIT OF DOUGLAS R. COLKITT EXECUTED 12/24/01, AND TO PRECLUDE DEFENDANT COLKITT FROM OFFERING OR ELICITING ANY EVIDENCE THAT HE DID NOT RECEIVE THE 5/21/97 MANAGEMENT LETTER ON OR ABOUT ITS DATE IS DENIED. (6) PLAINTIFF'S MOTION TO REQUIRE DEFENDANTS TO TESTIFY DURING LEAD PLAINTIFF'S CASE, OR NOT AT ALL IS GRANTED. (7) ALL OTHER PENDING MOTIONS ARE TAKEN UNDER ADVISEMENT. ( SIGNED BY JUDGE NORMA SHAPIRO ) 2/19/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 02/19/2002)

26 02/15/ Amended answer to complaint by DEFENDANT DOUGLAS R. COLKITT and Answer of DEFENDANT'S DERDEL, CARAVAN, BECKETT, PEARSON, BURLESON AND SMITH : amends complaint answer, Certificate of Service. (rv) Modified on 02/19/2002 (Entered: 02/19/2002) 02/22/ Transcript for Hearing held on 2/14/02. (rv) (Entered: 02/22/2002) 03/07/ ORDER THAT THE HEARING PREVIOUSLY SCHEDULED FOR 3/21/02 IS RESCHEDULED FOR 4/12/02 AT 10:00. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/8/02 ENTERED AND COPIES AND FAXED BY CHAMBERS ON 3/7/02. (rv) (Entered: 03/08/2002) 03/14/ Monthly Written Report of PLAINTIFF THOMAS JEWETT concerning Bankruptcy Proceedings filed by Lead Counsel for Lead PLAINTIFF and the Class (Report No. 17), Certificate of Service.. (rv) (Entered: 03/14/2002) 03/21/ ORDER THAT (1)THE DAUBERT HEARING PREVIOUSLY NOTICED 4/12/02, AT 10:00 IS CANCELLED. (2)COUNSEL SHALL SUBMIT THE PROPOSED SETTLEMENT AGREEMENT AND ALL OTHER PAPERS RELATED TO APPROVAL OF THE SETTLEMENT AGREEMENT ON OR BEFORE 4/15/02. (3) A HEARING ON PRELIMINARY APPROVAL OF THE SETTLEMENT AND THE SCHEDULE FOR SUBSEQUENT PROCEEDINGS WILL BE HELD ON 4/18/02 AT 11:00. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/22/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/21/02. (rv) (Entered: 03/22/2002) 03/29/ Certificate of Counsel (No. 37) re: Filing of Time and Expense Reports UNDER SEAL pursuant to paragraph 10 of Pretrial Order No. 5, Certificate of Service. (rv) Modified on 03/29/2002 (Entered: 03/29/2002) 03/29/ Certificate of Counsel (No. 38) re: ling of Time and Expense Reports UNDER SEAL pursuant to paragraph 10 of Pretrial Oder No. 5, Certificate of Service. (TIME AND EXPENSE REPORTS FILED UNDER SEAL). (rv) (Entered: 03/29/2002) 04/11/ Monthly Written Report Concerning Bankruptcy Proceedings by Lead Counsel for Lead PLAINTIFF and the Class, Certificate of Service. (Report No. 18). (rv) (Entered: 04/11/2002) 04/15/ MOTION by PLAINTIFF THOMAS JEWETT FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, CERTIFICATE OF SERVICE. (rv) (Entered: 04/15/2002) 04/15/ Memorandum by PLAINTIFF THOMAS JEWETT in support of MOTION FOR PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, Certificate of Service. (rv) (Entered: 04/15/2002) 04/18/ ORDER THAT THE FOLLOWING MOTIONS ARE DENIED WITHOUT PREJUDICE TO RENEW SHOULD THE PROPOSED CLASS SETTLEMENT AGREEMENT BETWEEN THE PARTIES NOT BE APPROVED BY THE COURT: JOINT MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF THEIR MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFERRED EXPERT LOSS CAUSATION AND

27 DAMAGES, JOINT MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT, MOTION IN LIMINE TO EXCLUDE THE "CRITIQUE" PORTION OF THE PROFERRED TESTIMONY DEFENDANTS' EXPERT DAVID I. TABAK, MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF JAY B. GOLDMAN, DEFENDANTS' PROFERRED EXPERT ON THE DISCLOSURE OBLIGATIONS OF THE DEFENDANT DIRECTORS AND DEFENDANTS' COMPLIANCE THEREWITH, JOINT MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF R. ALAN MILLER, PLAINTIFF'S PROFFERED EXPERT ON LOSS CAUSATION AND DAMAGES, MOTION FOR SUMMARY JUDGMENT, JOINT MOTION FOR SUMMARY JUDGMENT, MOTION FOR SUMMARY JUDGMENT, JOINDER BY DEFENDANT BRIAN C. SMITH IN DEFENDANTS COLKITT, DERDEL, BECKETT, CARAVAN, PEARSON AND BURLESON'S MOTION FOR SUMMARY JUDGMENT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 4/19/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 4/18/02. (rv) (Entered: 04/19/2002) 04/24/ Notice of change of address by CHRISTOPHER THOMAS REYNA. (rv) (Entered: 04/25/2002) 04/25/ ORDER THAT (1) PLAINTIFFS' COUNSEL EDWIN MILLS, REPRESENTING PLAINTIFFS, AND DEFENSE COUNSEL PHILIP LEBOWITZ, REPRESENTING DEFENDANTS, SHALL PARTICIPATE IN A CONFERENCE CALL WITH THE COURT ON 5/2/02 AT 3:00, TO FURTHER DISCUSS PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF THE PROPOSED SETTLEMENT (#187) AND THE SCHEDULE OF FURTHER PROCEEDINS. THE COURT WILL INITIATE THE CALL. (2) AS INTRUCTED ON 4/18/02 COUNSEL SHALL SUBMIT INFORMATION IN WRITING CONCERNING THE PROPOSED ESCROW AGENT, BERDON L.L.P., AND ITS FEE ARRANGEMENTS UNDER THE PROPOSED SETTLEMENT ON OR BEFORE 4/29/02. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 4/25/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 4/25/02. (rv) (Entered: 04/25/2002) 05/10/ PRELIMINARY APPROVAL ORDER THE SETTLEMENT, AS SET FORTH IN THE STIPULATION, IS PRELIMINARILY APPROVED. THE CLASS SHALL CONSIST OF ALL MEMBERS OF THE CLASS, EXCEPT THOSE PERSONS WHO FILE VALID REQUEST FOR EXCLUSION PURSUANT TO THE STIPULATION. A HEARING SHALL BE HELD BEFORE THIS COURT ON 9/10/02 AT 10:00 IN COURTROOM 10A, TO DETERMINE WHETHER THE PROPOSED SETTLEMENT OF THE ACTION ON THE TERMS AND CONDITIONS PROVIDED FOR IN THE STIPULTION IS FAIR, RESONABLE AND ADEQUATE AND SHOULD BE APPROVED BY THE COURT; WHETHER A JUDGMENT AS PROVIDED IN THE STIPULATION SHOULD BE ENTERED HEREIN; AND TO DETERMINE WHETHER THE APPLICATION FOR THE FEE AND EXPENSE REWARD SHOULD BE GRANTED IN WHOLE OR IN PART. THE CLAIMS ADMINSTRATOR SHALL FILE WITH THE COURT, NO LATER THAN 9/5/02 A WRITTEN REPORT IDENTIFYING ALL CLASS MEMBERS WHO HAVE REQUESTED EXCLUSION FROM THE CLASS, AND ALL ADDITIONAL TERMS SET FORTH FURTHER IN THIS ORDER, ETC. ( SIGNED BY JUDGE NORMA L.