U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:98-md SJ-SMG

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1 US District Court Civil Docket as of 05/17/2002 Retrieved from the court on Thursday, July 28, 2005 U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:98-md SJ-SMG In Re: Cityscape Financial v.. Assigned to: Judge Sterling Johnson, Jr Referred to: Magistrate Steven M. Gold Demand: $0 Cause: 15:78m(a) Securities Exchange Act In Re Cityscape Financial Corp. Securities Litigation Date Filed: 06/12/1998 Jury Demand: None Nature of Suit: 150 Contract: Recovery/Enforcement Jurisdiction: U.S. Government Plaintiff represented by Steven G. Schulman Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY Fax: LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 08/31/1998 M.D.L. No. 1,234, In re Cityscape Financial Corp., Securities Litigation assigned to the U.S.D.C., E.D.N.Y., to Judge Sterling Johnson and referred to Magistrate Judge Gold. (Vaughn, Terry) (Entered: 08/31/1998) 08/31/1998 Consolidated Lead Case. (Vaughn, Terry) (Entered: 08/31/1998) 08/31/ ORDER, endorsed on the letter dated July 14, 1998, from Janine Pollack, for certain plaintiffs, to Mag. Judge Gold, submitting a status report on behalf of all parties in all of the Cityscape litigations. There are ten putative class actions and one individual, non-class action. There is a motion pending before Judge Johnson for the appointment of Lead Pltfs. counsel. Upon Judge Johnson's ruling on the motion for appointment of lead pltfs. counsel, the parties will stipulate to a schedule for pltfs. to file a consolidated amended complaint; defts. will answer or otherwise move within 45 days thereafter. Parties will report to Mag. Judge Gold following Judge Johnson's ruling for the scheduling of a pre-trial conference. - Receiver of this correspondence is directed to advise all counsel/parties to this matter. (Signed by Magistrate Judge Steven M. Gold and dated July 14, 1998) (This is document No. 1 in 98 md 1234.) (Vaughn, Terry) Modified on 08/31/1998 (Entered: 08/31/1998)

2 09/03/ ORDER granting [5-1] motion for appointment of Lead Counsel. Michael Caesar, as trustee for Howard Gunty, Inc., Profit Sharing Plan, and class member movants Lucian B. Cox, III, George Meeks, Harish R. Babani, Dorothy Hoare, Ralph Hoare, Jacob A. Saltzman, Paul Chou, Mojgan Khagan, N. Benjamin Perlman, Max Bernstein and Chani Herzog are appointed as Lead Plaintiffs. It is ORDERED that the Lead Plaintiffs' choice of Stull, Stull & Brody and Milberg Weiss Bershad Hynes & Lerach as Lead Counsel is approved. Signed by Judge Sterling Johnson Jr. on 9/23/98. [this is document no. 2 in 1:98-md-1234] (Asreen, Wendy) (Entered: 10/05/1998) 09/29/1998 LETTER dated 1/6/98 from Melissa Emert, Esq. to Judge Johnson enclosing corrected copies of the caption in this consolidated matter. (Received in docketing 9/29/98) (Permaul, Jenny) (Entered: 09/29/1998) 10/11/ Calendar entry: Case called before Judge Johnson for Pre-Trial Conference. Counsel for all sides present. (Jean (Entered: 12/16/1998) 10/29/1998 LETTER dated Oct. 7, 1998, from the U.S.D.C., for the District of New Jersey, sending us their file with a certified copy of their docket sheet for consol. into MDL No (Vaughn, Terry) (Entered: 10/30/1998) 10/30/1998 Copy of the docket sheet from the District of N.J. New Jersey's case number is 98- cv-298 assigned to Judge John C. Lifland. (Vaughn, Terry) (Entered: 10/30/1998) 11/13/ LETTER dated 11/2/98 from Peter Beshar, Esq., to Judge Johnson, forwarding a proposed stipulation and order extending defendants' time to answer. (Asreen, Wendy) (Entered: 11/13/1998) 12/11/ Calendar entry: Case called before Magistrate Gold for status conference. Counsel for all sides present. Pltff to provide written status report by 3/15/99. Case will be stayed until then in light of the pending bankruptcy proceeding in SDNY. (Jean (Entered: 12/16/1998) 12/11/ Calendar entry: Case called before Magistrate Gold for status conference. Counsel for all sides present. Pltff to provide written status report by 3/15/99. Case will be stayed until pending bankruptcy proceeding in SDNY. (Jean (Entered: 12/24/1998) 12/24/ STATUS REPORT by Cityscape Financial in 1:98-md (Jean (Entered: 12/24/1998) 01/04/ TRANSCRIPT of Proceedings before Judge Johnson filed for dates of 12/11/98. Court Reporter: D. Pereira (Jean (Entered: 01/04/1999) 02/24/1999 Case closed. (Jean (Entered: 02/24/1999) 02/24/1999 Case closed. (Permaul, Jenny) (Entered: 02/24/1999) 02/26/1999 Case reopened Galeano, Sonia (Entered: 02/26/1999) 02/26/ ORDER consolidating cases and that the member cases are administratively closed and all further entries be made on the lead case, docket number 98-md ( signed by Judge Sterling Johnson Jr, dtd ). Galeano, Sonia (Entered: 02/26/1999) 03/25/ ORDER, endorsed on letter dated 3/15/99 from Janine Pollack to Magistrate Gold,

3 regarding the status of the matter. Counsel are directed to advise the court of the status of this matter by 4/30/99 or earlier should the Bankruptcy Court reach a decision before that date. ( signed by Magistrate Steven M. Gold, dated 3/16/99) (Jean (Entered: 03/25/1999) 05/11/ ORDER, endorsed on letter dated 4/30/99 from Janine Pollack to Magistrate Gold, regarding the status of this matter. Counsel are directed to advise of the status of the proceeding before the Bankruptcy Court by 7/1/99.( signed by Magistrate-Judge Steven M. Gold, dated 5/3/99 ) (Jean (Entered: 05/11/1999) 07/07/ ORDER, endorsed on letter dated 7/1/99 from Janice Pollack to Magistrate Gold, as to the submission of a status report. Counsel shall submit the contemplated stipulation no later than 7/23/99. ( signed by Magistrate-Judge Steven M. Gold, on 7/2/99) (Jean (Entered: 07/07/1999) 07/28/ STIPULATION and ORDER setting amended complaint and motions schedules ( signed/unsigned by Magistrate-Judge Steven M. Gold, on 7/26/99) (Jean (Entered: 07/28/1999) 09/28/ ORDER, endorsed on letter dated from Jaine Pollack to Magistrate Gold, requesting the Court to suspend the schedule in the 7/28/99 Order. Application granted. The parties are directed to submit a stipulation of discontinuance within 60 days. ( signed by Magistrate-Judge Steven M. Gold, on 9/24/99) (Jean (Entered: 09/28/1999) 11/02/1999 NOTICE of Change of Address filed by Kaplan, Kilsheimer and Fox, LLP. attorneys for the Plaintiffs. New Address: 805 Third Avenue; New York, NY (212) ; Fax: (212) (Permaul, Jenny) (Entered: 11/09/1999) 02/29/ ORDER Counsel for parties are directed to submit a status report no later than 3/10/00. ( signed by Magistrate Steven M. Gold, on 2/16/00) (Jean (Entered: 02/29/2000) 09/11/ NOTICE of Stipulation and Agreement of Settlement by Cityscape Financial in 1:98-md (Jean (Entered: 09/11/2000) 10/02/ PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDING( signed by Judge Sterling Johnson Jr., on 9/14/00) (Jean (Entered: 10/02/2000) 11/15/ MEMORANDUM by Cityscape Financial in 1:98-md-01234, Michael Ceasar in 1:97-cv-05668, Sandra Weiss in 1:97-cv-05893, Lucian B. Cox III in 1:97-cv , Harish R. Babani in 1:97-cv-06382, George Meeks in 1:97-cv-06382, Ralph Hoare in 1:97-cv-06705, Dorothy Hoare in 1:97-cv-06705, Chani Herzog in 1:98- cv-00800, Max Max Bernstein in 1:98-cv-00875, N. Benjamin Perlman in 1:98-cv , Mojgan Khaghan in 1:98-cv-00875, William Biller in 1:98-cv-00876, Paul Chou in 1:98-cv-00877, Jacob A. Saltzman in 1:98-cv-00939, Gerald A. Liloia in 1:98-cv in support of Joint Application for an award of atty's fees and reimbursement of expenses to pltff's counsel (document is located in case # 98 md 1234) (Jean (Entered: 11/15/2000) 11/15/ MEMORANDUM by Cityscape Financial in 1:98-md-01234, Michael Ceasar in

4 1:97-cv-05668, Sandra Weiss in 1:97-cv-05893, Lucian B. Cox III in 1:97-cv , Harish R. Babani in 1:97-cv-06382, George Meeks in 1:97-cv-06382, Ralph Hoare in 1:97-cv-06705, Dorothy Hoare in 1:97-cv-06705, Chani Herzog in 1:98- cv-00800, Max Max Bernstein in 1:98-cv-00875, N. Benjamin Perlman in 1:98-cv , Mojgan Khaghan in 1:98-cv-00875, William Biller in 1:98-cv-00876, Paul Chou in 1:98-cv-00877, Jacob A. Saltzman in 1:98-cv-00939, Gerald A. Liloia in 1:98-cv in support of Final approval of settlement (doc. filed in 98md1234) (Jean (Entered: 11/15/2000) 11/15/ COMPENDIUM OF UNPUBLISHED AUTHORITIES TO PLTFF'S MEMORANDUM IN SUPPORT OF JOINT APPLICATION FOR AN AWARD OF ATTYS' FEES AND REIMBURSEMENT OF EXPENSES TO PLTFF'S COUNSEL AND PLTFF'S MEMORANDUM OF LAW IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT (Doc filed in 1:98-md-01234) (Jean (Entered: 11/15/2000) 01/16/ ORDER and FINAL JUDGMENT The Settlement Stipulation is approved as fair, reasonable and adequate, and in the best interests of the Class, and the Class members and the parties are directed to consummate the with its terms and provisions. Counsel for pltffs and the Class are hereby awarded the sum of $2,333, in fees, and $113, in reimbursement of expenses, shall be paid to pltffs' Co-Lead Counsel from the settlement fund with interest. ( signed by Judge Sterling Johnson Jr., on 11/27/00) (Jean (Entered: 01/16/2001) 01/16/2001 Case closed (1:97-cv :97-cv :97-cv :97-cv :97-cv :98-cv :98-cv :98-cv :98-cv :98-cv :98-cv-05861) (Jean (Entered: 01/16/2001) 02/05/ MOTION by Cityscape Financial for distribution of class funds. Oral argument not requested; motion returnable on 1/25/02. (Reddy, Lisa) (Entered: 03/25/2002) 02/05/ AFFIDAVIT of George A. Bauer III in support of [22-1] motion for distribution of class funds. (Reddy, Lisa) (Entered: 03/25/2002) 02/05/ AFFIDAVIT by D. Lee Janvrin in support of [22-1] motion for distribution of class funds. (Reddy, Lisa) (Entered: 03/25/2002) 03/25/ LETTER dated 1/16/02 from Lawrence J. LaSala to George A. Bauer III, advising that dfts. will not be submitting any papers in oppositon to the Motion for Distribution of Class Funds. (Reddy, Lisa) (Entered: 03/25/2002) 03/25/ ORDER REFERRING CASE to Magistrate Steven M. Gold, to consider the possibility, if any, of settlement and to assist therewith as may be appropriate. (Signed by Judge Sterling Johnson Jr. on 3/12/02). (Reddy, Lisa) (Entered: 03/25/2002) 04/24/ REPORT AND RECOMMENDATIONS of Magistrate Steven M. Gold dated 4/19/02 Re: [22-1] motion for distribution of class funds. Mag. Gold recommends that the pltfs' motion for distribution of the class funds be granted. Motion no longer referred. Objections to R and R due by 5/10/02. c/m by chambers. (Fernandez, Erica) (Entered: 04/24/2002) 04/26/ STANDARD REFERRAL ORDER: The civil case in above set forth is referred to

5 Mag. Gold for the following pretrial purposes: Motion by Cityscape Financial for distribution of class funds. Signed by Judge Sterling Johnson Jr., on 4/18/02. (Fernandez, Erica) (Entered: 04/26/2002) 04/26/2002 Motion(s) referred: [22-1] motion for distribution of class funds referred to Magistrate Steven M. Gold. Signed by Judge Sterling Johnson Jr. on 4/18/02. (Fernandez, Erica) (Entered: 04/26/2002) 04/29/ LETTER dated 4/14/02 from Charles S. Stein to Judge Johnson requesting the Court to investigate why he has not yet received his settlements from the law firm Stull, Stull, and Brody. (Fernandez, Erica) (Entered: 04/29/2002) 04/29/ MEDIATION REFERRAL ORDER: Order referring case to mediation pursuant to Local Civil Rule and it is further ordered that the ADR Administrator appoint from the Court's panel a certified mediator with experience in property owner's liability and personal injury matters to conduct mediation at the earliest convenient time. Signed by Magistrate Viktor V. Pohorelsky, on 4/26/02. (Fernandez, Erica) (Entered: 04/29/2002) 05/17/ ORDER granting [22-1] motion for distribution of class funds. No objections to the Report and Recommendation were filed with this Court. Upon review of the recommendation, this Court adopts and affirms the Report and Recommendation of Mag. Gold made on 4/19/02. Signed by Judge Sterling Johnson Jr., on 5/9/02. c/m by chambers (Fernandez, Erica) Modified on 05/17/2002 (Entered: 05/17/2002) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at