U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 01-CV-2238

Transcription

1 US District Court Civil Docket as of 07/15/2005 Retrieved from the court on Wednesday, July 27, 2005 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 01-CV-2238 Larky, et al v. DJ Orthopedics Inc, et al Filed: 12/05/01 Assigned to: Judge Irma E Gonzalez Jury demand: Plaintiff Referred to: Magistrate Judge Ruben B Brooks Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act STEVEN LARKY, On behalf of Darren Jay Robbins Himself and All Others (619) Similarly Situated plaintiff Lerach Coughlin Stoia Geller Rudman and Robbins 401 B Street Suite 1600 San Diego, CA (619) ORACLE PARTNERS, Oracle Partners, LP plaintiff Valerie Louise McLaughlin Lerach Coughlin Stoia Geller Rudman and Robbins 401 B Street Suite 1600 San Diego, CA (619) LOUISIANA SCHOOL EMPLOYEES' Blair A Nicholas RETIREMENT SYSTEM (858) plaintiff Bernstein Litowitz Berger and Grossman High Bluff Drive Suite 150 San Diego, CA (858) Robert S Gans [term 09/12/03] (858)

2 Berstein Litowitz Berger and Grossmann high Bluff Drive Suite 150 San Diego, CA (858) v. DJ ORTHOPEDICS, INC. William F Sullivan defendant (858) Paul Hastings Janofsky and Walker 3579 Valley Centre Drive San Diego, CA (858) LESLIE H CROSS defendant CYRIL TALBOTT, III defendant CHARLES T ORSATTI defendant William F Sullivan William F Sullivan William F Sullivan GOLDMAN, SACHS & CO. Stephen D Alexander defendant (213) Fried Frank Harris Shriver and Jacobson 350 South Grand Avenue Two California Plaza Suite 3200 Los Angeles, CA (213) David I Hurwitz [term 10/11/02] O'Melveny and Myers 400 South Hope Street Los Angeles, CA (213) J.P. MORGAN SECURITIES, INC. defendant Stephen D Alexander David I Hurwitz [term 10/11/02] UBS WARBURG LLC defendant Stephen D Alexander

3 David I Hurwitz [term 10/11/02] U.S. BANCORP. defendant Stephen D Alexander David I Hurwitz [term 10/07/02] PIPER JAFFRAY INC defendant Stephen D Alexander David I Hurwitz [term 10/07/02] FIRST UNION SECURITIES, INC. Alan K Brubaker defendant (619) Wingert Grebing Brubaker and Goodwin One America Plaza 600 West Broadway Seventh Floor San Diego, CA (619) David I Hurwitz [term 12/20/02] Steven M Malina Kevin P Shea Ungaretti and Harris 3500 Three First National Plaza Chicago, IL (312) MITCHELL J BLUTT defendant DAMION E M.D. defendant KIRBY L CRAMER defendant William F Sullivan William F Sullivan William F Sullivan

4 ======================== MARTIN DRUFFNER Howard D Finkelstein plaintiff [term 05/03/02] [term 05/03/02] (619) Finkelstein and Krinsk 501 West Broadway Suite 1250 San Diego, CA (619) LYLE GREEN Darren Jay Robbins plaintiff [term 05/03/02] [term 05/03/02] (619) Lerach Coughlin Stoia Geller Rudman and Robbins 401 B Street Suite 1600 San Diego, CA (619) DOCKET PROCEEDINGS DATE # DOCKET ENTRY 12/5/01 1 Complaint Filed; (referred to Magistrate Judge Leo S. Papas ) Receipt No/Amt of Fee: #77416/$150. Demand for jury trial. (jpp) [Entry date 12/06/01] 12/5/01 2 Summons issued (jpp) [Entry date 12/06/01] 12/5/01 3 Notice of Party with Financial Interest by Steven Larky (jpp) [Entry date 12/06/01] 1/3/02 4 Stipulation and Order by Judge Judith N. Keep:Extending the answer deadline until 30 days following the filing of a consolidated complaint by the lead pla. (csg) [Entry date 01/04/02] 1/29/02 5 Notice of Motion and Motion by plaintiff Steven Larky for appt as lead pla, and approval of selection of lead counsel [motion(s) referred to Judge Judith N. Keep ], motion hrg set for 03/04/02 at 11:00am (axr) [Entry date 01/30/02]

5 1/29/02 6 Memorandum of points and authorities by plaintiff Steven Larky in support of motion for appt as lead pla [5-1], in support of motion approval of selection of lead counsel [5-2] (axr) [Entry date 01/30/02] 1/29/02 7 Declaration of Travis E. Downs, III by plaintiff Steven Larky re motion for appt as lead pla [5-1], re motion approval of selection of lead counsel [5-2] (axr) [Entry date 01/30/02] 1/29/02 8 Notice of Motion and Motion by plaintiff Steven Larky to consolidate related actions for violations of the Securities Exchange Act of 1934 [ motion(s) referred to Judge Judith N. Keep] motion hrg set for 03/04/02 at 11:00am (axr) [Entry date 01/30/02] 1/29/02 9 Memorandum of points and authorities by plaintiff Steven Larky in support of motion to consolidate related actions for violations of the Securities Exchange Act of 1934 [8-1] (axr) [Entry date 01/30/02] 1/29/02 10 Notice of Motion and Motion by plaintiff Steven Larky to appoint the Water St group as lead pla pursuant to 27(A)(3)(B) of the Securities Act of 1933, and to approve lead pla's choice of counsel [motion(s) referred to Judge Judith N. Keep ], motion hrg set for 03/04/02 at 11:00am (axr) [Entry date 01/30/02] 1/29/02 11 Memorandum of points and authorities by plaintiff Steven Larky in support of motion to appoint the Water St group as lead pla pursuant to 27(A)(3)(B) of the Securities Act of 1933 [10-1], in support of motion to approve lead pla's choice of counsel [10-2] (axr) [Entry date 01/30/02] 1/29/02 12 Declaration of Robert I Harwood by plaintiff Steven Larky re motion to appoint the Water St group as lead pla pursuant to 27(A)(3)(B) of the Securities Act of 1933 [10-1], re motion to approve lead pla's choice of counsel [10-2] (axr) [Entry date 01/30/02] 1/30/02 18 Notice of Motion and Motion for consolidation, appt as lead pla's, and for approval of selection of lead counsel [motion(s) referred to Judge Judith N. Keep]; motion hrg set for 03/04/02 at 11:00am (axr) [Entry date 02/01/02] 1/30/02 19 Memorandum of Law in support of the Noe Group's motion for consolidation, appt as lead pla's and approval of selection of lead counsel (axr) [Entry date 02/01/02]

6 1/30/02 20 Declaration of Marc L. Godino re motion for consolidation [18-1], re motion appt as lead pla's [18-2], re motion for approval of selection of lead counsel [18-3] (axr) [Entry date 02/01/02] 1/31/02 13 DISCREPANCY ORDER by Judge Judith N. Keep accepting document: motion, non-compliance with local rule 7.1.f or 47.1.b.3, document is to be filed nunc pro tunc to the date received (axr) [Entry date 01/31/02] 1/31/02 14 Notice of Motion and Memorandum of points and authorities in support of the Louisiana school employees' retirement system motion to consolidate all related actions, to be appointed lead pla pursuant to 27(a)(3)(B) of the Securities Act of 1933, and to approve lead pla's choice of counsel [motion(s) referred to Judge Judith N. Keep ], motion hrg set for 03/04/02 at 11:00am (NUNC PRO TUNC 1/29/02) (ok to file per chambers) (axr) [Entry date 01/31/02] [Edit date 01/31/02] 1/31/02 15 Declaration of Blair A. Nicholas re motion to consolidate all related actions [14-1], re motion to be appointed lead pla pursuant to 27(a)(3)(B) of the Securities Act of 1933 [14-2], re motion to approve lead pla's choice of counsel [14-3] (NUNC PRO TUNC 1/29/02) (axr) [Entry date 01/31/02] 1/31/02 16 Notice of Party with Financial Interest pursuant to Local Rule 40.2 by Louisiana School Employees' Retirement System and proposed lead counsel to the class (NUNC PRO TUNC 1/29/02) (axr) [Entry date 01/31/02] 1/31/02 17 Notice of Party with Financial Interest pursuant to Local Rule 40.2 (NUNC PRO TUNC 1/29/02) by Louisiana School Employees' Retirement System and Proposed Lead Counsel to the Class (axr) [Entry date 02/01/02] [Edit date 02/01/02] 1/31/02 21 Return of Service of summons and complaint executed upon defendant DJ Orthopedics Inc (12/12/01), defendant Leslie H Cross (12/12/01), defendant Cyril Talbott III (12/12/01), defendant Charles T Orsatti(12/12/01), defendant Goldman Sachs and Co (12/11/01), defendant J P Morgan (12/11/01), defendant UBS Warburg LLC (12/11/01), defendant US Bancorp (12/11/01), defendant First Union on (12/11/01) (axr) [Entry date 02/01/02] 2/15/02 22 Notice of Party with Financial Interest pursuant to Local Rule 40.2 by DJ Orthopedics Inc, Leslie H Cross, Cyril Talbott III, Charles T Orsatti (atty maint) (axr) [Entry date 02/19/02] [Edit date 02/19/02] 2/15/02 23 Statement of the DJ Orthopedics dfts in Response to the motions for consolidation of actions, and for appt of lead

7 pla and approval of selection of lead counsel (axr) [Entry date 02/19/02] 2/19/02 24 Notice of Party with Financial Interest pursuant to Local Rule 40.2 by Steven Larky (axr) [Entry date 02/20/02] 2/19/02 25 Memorandum of points and authorities in Opposition by plaintiff Steven Larky to competing motions to appoint lead pla and selection of lead counsel (axr) [Entry date 02/20/02] 2/19/02 26 Declaration of Trish McKeon by plaintiff Steven Larky in support of Oracle Partners LP's motion to be appointed lead pla and to appoint lead pla's choice of lead counsel (axr) [Entry date 02/20/02] 2/19/02 27 Non opposition to motions by plaintiff Steven Larky to consolidate all related actions [14-1] (axr) [Entry date 02/20/02] [Edit date 02/20/02] 2/19/02 28 Declaration of Travis E. Downs III in support of Oracle Partners LP'S opposition to competing motions to appoint lead pla and selection of lead counsel by plaintiff Steven Larky (axr) [Entry date 02/20/02] 2/19/02 29 Memorandum of points and authorities in Opposition to the competing motions for the appt of lead pla by Louisiana School Employees' Retirement System and Proposed Lead Counsel to the class (axr) [Entry date 02/20/02] [Edit date 02/20/02] 2/19/02 30 Declaration of Blair A. Nicholas in support of the Louisiana School Employees' Retirement System's Memorandum of points and authorities in opposition to the competing motions for appt of lead pla (axr) [Entry date 02/20/02] 2/25/02 31 Reply Memorandum in further support of the motion of the Louisiana School Employees' Retirement System motion to consolidate all related actions; to be appointed lead pla pursuant to 27(a)(3)(B) of the securities act of 1933; and to approve lead pla's choice of counsel (axr) [Entry date 02/27/02] 2/25/02 32 Reply by plaintiff Steven Larky in support of motion to be appointed lead pla and approval of selection of lead counsel (axr) [Entry date 02/27/02] 2/28/02 33 Order by Judge Judith N. Keep Case consolidated 3:01-cv-2238 with member cases 3:01-cv-2260, 3:02-cv-49New Parties plaintiff Martin Druffner, Lyle Green The court

8 appoints as lead pla Oracle Partners LP, appoints as lead counsel the law firm of Milberg, Weiss, Bershad, Hynes & Lerach LLp and consolidates the cases [14-1] as In re DJ Orthopedincs Inc 01cv2238 (All future docketing will be done in the lead case) (axr) [Entry date 03/01/02] [Edit date 03/01/02] 3/4/02 34 Notice of entry of order by pla's (axr) [Entry date 03/05/02] 3/4/02 35 Minutes: Enter Order by Judge Judith N. Keep; Motion hrg off calendar- motions submitted on the papers; Court Reporter: N. Martinez (axr) [Entry date 03/05/02] 3/7/02 36 Waiver of service of summons by plaintiff Martin Druffner in 3:01-cv on 1/29/02 (axr) [Entry date 03/08/02] 5/1/02 37 Stipulation and Order by Judge Judith N. Keep : pla's consolidated complaint shall be due on 5/3/02; dfts shall have until 45 days, June 17, 2002 to file and serve any motions to dismiss the consolidated complaint; court shall set the hearing on the motions to dismiss at its convenience (axr) [Entry date 05/01/02] 5/3/02 38 Consolidated Class Action complaint [1-1] terminating party Lyle Green, party Martin Druffner; demand for jury trial (axr) [Entry date 05/06/02] 5/3/02 39 Summons issued (Consolidated class action complaint) (axr) [Entry date 05/06/02] 6/17/02 40 Notice of and Motion by defendant DJ Orthopedics Inc, defendant Leslie H Cross, defendant Cyril Talbott III, defendant Charles T Orsatti, defendant Mitchell J Blutt, defendant Damion E Wicker, defendant Kirby L Cramer to dismiss pla's consolidated complaint [ motion(s) referred to Judge Judith N. Keep] motion hrg set for 07/29/02 at 11:00am (axr) [Entry date 06/18/02] 6/17/02 41 Memorandum of points and authorities by defendant DJ Orthopedics Inc in 3:01-cv-02238, defendant Leslie H Cross in 3:01-cv-02238, defendant Cyril Talbott III in 3:01-cv-02238, defendant Charles T Orsatti in 3:01-cv-02238, defendant Mitchell J Blutt in 3:01-cv-02238, defendant Damion E Wicker in 3:01-cv-02238, defendant Kirby L Cramer in 3:01-cv in support of motion to dismiss pla's consolidated complaint [40-1] (axr) [Entry date 06/18/02] 6/17/02 42 Declaration of Sean T. Prosser by defendant DJ Orthopedics Inc in 3:01-cv-02238, defendant Leslie H Cross in

9 3:01-cv-02238, defendant Cyril Talbott III in 3:01-cv-02238, defendant Charles T Orsatti in 3:01-cv-02238, defendant Mitchell J Blutt in 3:01-cv-02238, defendant Damion E Wicker in 3:01-cv-02238, defendant Kirby L Cramer in 3:01-cv re motion to dismiss pla's consolidated complaint [40-1] (axr) [Entry date 06/18/02] 6/17/02 43 Appendix of supplemental authorities by defendant DJ Orthopedics Inc in 3:01-cv-02238, defendant Leslie H Cross in 3:01-cv-02238, defendant Cyril Talbott III in 3:01-cv-02238, defendant Charles T Orsatti in 3:01-cv-02238, defendant Mitchell J Blutt in 3:01-cv-02238, defendant Damion E Wicker in 3:01-cv-02238, defendant Kirby L Cramer in 3:01-cv in support of the DJ Orthopedics dft's motion to dismiss pla's consolidated complaint (axr) [Entry date 06/18/02] 6/17/02 44 Request for Judicial Notice by defendant DJ Orthopedics Inc in 3:01-cv-02238, defendant Leslie H Cross in 3:01-cv-02238, defendant Cyril Talbott III in 3:01-cv-02238, defendant Charles T Orsatti in 3:01-cv-02238, defendant Mitchell J Blutt in 3:01-cv-02238, defendant Damion E Wicker in 3:01-cv-02238, defendant Kirby L Cramer in 3:01-cv motion to dismiss pla's consolidated complaint [40-1] (axr) [Entry date 06/18/02] 6/17/02 45 Notice of Joinder in Motion by defendant Goldman Sachs and Co, defendant J P Morgan, defendant UBS Warburg LLC, defendant US Bancorp, defendant First Union for joinder in motion to dismiss pla's consolidated complaint [40-1] [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 07/29/02 at 11:00am (axr) [Entry date 06/18/02] 6/17/02 46 Notice of Party with Financial Interest by J P Morgan in 3:01-cv (axr) [Entry date 06/18/02] 6/17/02 47 Notice of Party with Financial Interest by UBS Warburg LLC in 3:01-cv (axr) [Entry date 06/18/02] 6/17/02 48 Notice of Party with Financial Interest by US Bancorp in 3:01-cv (axr) [Entry date 06/18/02] 6/17/02 49 Notice of Party with Financial Interest by First Union in 3:01-cv (axr) [Entry date 06/18/02] 7/15/02 50 Opposition to dft's motion to dismiss pla's consolidated complaint [40-1] and joinders (axr) [Entry date 07/22/02] [Edit date 07/22/02]

10 7/15/02 51 Declaration of Valerie L. McLaughlin re motion response [50-1] (axr) [Entry date 07/22/02] 7/22/02 52 Reply Memorandum of points and authorities in support of dft's motion to dismiss pla's consolidated complaint by defendant DJ Orthopedics Inc defendant Leslie H Cross, defendant Cyril Talbott III, defendant Charles T Orsatti, defendant Mitchell J Blutt, defendant Damion E Wicker, defendant Kirby L Cramer (axr) [Entry date 07/23/02] 7/25/02 53 DISCREPANCY ORDER by Judge Judith N. Keep accepting document: notice of joinder in reply from defendant Goldman Sachs and Co in 3:01-cv-02238, defendant J P Morgan in 3:01-cv-02238, defendant UBS Warburg LLC in 3:01-cv-02238, defendant US Bancorp in 3:01-cv-02238, defendant Piper Jaffray Inc in 3:01-cv-02238, defendant First Union in 3:01-cv-02238, non-compliance with local rule other: no reply on file at this time, document is to be filed nunc pro tunc to the date received (axr) [Entry date 07/25/02] 7/25/02 54 Notice of JOINDER in reply by defendant Goldman Sachs and Co defendant J P Morgan, defendant UBS Warburg LLC, defendant US Bancorp, defendant Piper Jaffray Inc, defendant First Union joining motion for joinder in motion to dismiss pla's consolidated complaint [40-1] [45-1] (NUNC PRO TUNC 7/22/02) (axr) [Entry date 07/25/02] 7/26/02 55 DISCREPANCY ORDER by Judge Judith N. Keep rejecting document: memo of points and authorities in opposition to motion from defendant DJ Orthopedics Inc in 3:01-cv-02238, defendant Leslie H Cross in 3:01-cv-02238, defendant Cyril Talbott III in 3:01-cv-02238, defendant Charles T Orsatti in 3:01-cv-02238, defendant Mitchell J Blutt in 3:01-cv-02238, defendant Damion E Wicker in 3:01-cv-02238, defendant Kirby L Cramer in 3:01-cv-02238, non-compliance with local rule 7.1.e or 47.1.b.1 (axr) [Entry date 07/26/02] 7/26/02 56 DISCREPANCY ORDER by Judge Judith N. Keep rejecting document: notice of motion to strike and memo points and authorities from defendant DJ Orthopedics Inc in 3:01-cv-02238, defendant Leslie H Cross in 3:01-cv-02238, defendant Cyril Talbott III in 3:01-cv-02238, defendant Charles T Orsatti in 3:01-cv-02238, defendant Mitchell J Blutt in 3:01-cv-02238, defendant Damion E Wicker in 3:01-cv-02238, defendant Kirby L Cramer in 3:01-cv-02238, non-compliance with local rule 7.1.e (axr) [Entry date 07/26/02] 7/26/02 57 Summons issued (consolidated class action complaint) (axr) [Entry date 07/29/02] [Edit date 07/29/02]

11 7/26/02 58 Waiver of service of summons by defendant Mitchell J Blutt on 5/23/02 (axr) [Entry date 07/29/02] 7/26/02 59 Waiver of service of summons by defendant Damion E Wicker on 5/23/02 (axr) [Entry date 07/29/02] 7/26/02 60 Waiver of service of summons by defendant Kirby L Cramer on 5/23/02 (axr) [Entry date 07/29/02] 7/29/02 61 Minutes: Enter Order by Judge Judith N. Keep re motion to dismiss pla's consolidated complaint [40-1]; Motion hrg off calendar; motion submitted on the papers; Court Reporter: N/A (axr) [Entry date 07/29/02] 8/7/02 62 Order by Judge Judith N. Keep granting in part/denying in part motion to dismiss pla's consolidated complaint [40-1] (bar) [Entry date 08/07/02] 8/27/02 63 Answer to pla's consolidated class action complaint by defendant DJ Orthopedics Inc, defendant Leslie H Cross, defendant Cyril Talbott III, defendant Charles T Orsatti, defendant Mitchell J Blutt defendant Damion E Wicker, defendant Kirby L Cramer (axr) [Entry date 08/28/02] 8/27/02 64 Answer to consolidated class action complaint by defendant Goldman Sachs and Co, defendant J P Morgan, defendant UBS Warburg LLC, defendant US Bancorp, defendant Piper Jaffray Inc, defendant First Union (axr) [Entry date 08/28/02] 8/29/02 65 Notice and Order by Magistrate Judge Leo S. Papas E.N.E. Conference set for 2:00 10/8/02 before Mag Judge Leo Papas (axr) [Entry date 08/29/02] 10/7/02 66 Attorney Substitution: signed by Judge Judith N. Keep terminating attorney David I Hurwitz for Piper Jaffray Inc in 3:01-cv-02238, attorney David I Hurwitz for US Bancorp in 3:01-cv and substituting attorney Stephen D Alexander (ksr) [Entry date 10/08/02] 10/10/02 67 Order by Magistrate Judge Leo S. Papas; the court convened an ENE conf Case Management conf set for 8:30 11/26/02 before Mag Judge Leo Papas (axr) [Entry date 10/10/02] 10/11/02 68 Attorney Substitution: signed by Judge Judith N. Keep terminating attorney David I Hurwitz for J P Morgan and substituting attorney Stephen D Alexander (copy faxed to new atty as requested) (axr) [Entry date 10/15/02]

12 10/11/02 69 Attorney Substitution: signed by Judge Judith N. Keep terminating attorney David I Hurwitz for UBS Warburg LLC and substituting attorney Stephen D Alexander (copy faxed to new atty as requested) (axr) [Entry date 10/15/02] 10/11/02 70 Attorney Substitution: signed by Judge Judith N. Keep terminating attorney David I Hurwitz for Goldman Sachs and Co and substituting attorney Stephen D Alexander (copy faxed to new atty as requested) (axr) [Entry date 10/15/02] 11/22/02 71 Order by Magistrate Judge Leo S. Papas; telephonic Case Management conf reset for 8:30 12/4/02 before Mag Judge Leo Papas (cag) [Entry date 11/26/02] 12/4/02 72 Order by Magistrate Judge Leo S. Papas; Case Management Conference held 12/4/02; telephonic status conf set for 8:30 12/17/02 before Mag Judge Leo Papas; revised proposed discovery plan due by 12/11/02 (cag) [Entry date 12/05/02] 12/12/02 73 Pro Hac Vice approved on behalf of defendant First Union in 3:01-cv for Kevin P Shea (swd) [Entry date 12/12/02] 12/12/02 74 Pro Hac Vice approved on behalf of defendant First Union in 3:01-cv for Steven M Malina (swd) [Entry date 12/12/02] 12/16/02 75 Minutes: Enter Order by Magistrate Judge Leo S. Papas; CMC vacated 8:30 12/17/02 (cag) [Entry date 12/17/02] 12/20/02 76 Attorney Substitution signed by Judge Judith N. Keep; terminating attorney Amy Longo for First Union in 3:01-cv and substituting attorneys Steven M. Malina, Kevin P. Shea and Alan K. Brubaker (cag) [Entry date 12/20/02] 1/17/03 77 Protective Order by Judge Judith N. Keep (cag) [Entry date 01/21/03] 1/30/03 78 Scheduling Order by Magistrate Judge Leo S. Papas; Mand settlement conf set for 9:00 2/28/03 before Mag Judge Leo Papas, final Pretrial conf set for 11:00 6/7/04 Judge Judith Keep; Proposed final p/t conf ord by 5/31/04 (cag) [Entry date 01/30/03] 2/18/03 79 Minutes: Enter Order by Magistrate Judge Leo S. Papas

13 Mand Settlement Conf vacated and reset for 9:00 6/30/03 before Mag Judge Leo Papas (mam) [Entry date 02/19/03] 2/21/03 80 Notice of change of firm name for atty for dfts dj Orthopedics, Leslie Cross, Cyril Talbot, Charles Orsatti, Mitchell Blutt, Damion Wicker, Kirby Cramer (atty maint) (cag) [Entry date 02/24/03] 2/21/03 81 Orde by Magistrate Judge Leo S. Papas; Mand Settlement Conf vacated and reset for 9:00 7/14/03 before Mag Judge Leo Papas (cag) [Entry date 02/24/03] 3/6/03 82 DISCREPANCY ORDER by Magistrate Judge Leo S. Papas accepting document: motion to amd CMC Order from plaintiff Steven Larky, non-compliance with local rule 5.1.j.4, document is to be filed nunc pro tunc to the date received (cag) [Entry date 03/06/03] 3/6/03 83 Notice of Motion and Motion by plaintiff in 3:01-cv to amend CMC order re discovery; [motion referred to Magistrate Judge Leo S. Papas]; NUNC PRO TUNC to 3/4/03 (cag) [Entry date 03/06/03] 3/6/03 84 Memorandum of points and authorities by Steven Larky in 3:01-cv in support of motion to amend CMC order re discovery [83-1]; NUNC PRO TUNC to 3/4/03 (cag) [Entry date 03/06/03] 3/6/03 85 Declaration of Scott H. Saham re motion to amend CMC order re discovery [83-1]; NUNC PRO TUNC to 3/4/03 (cag) [Entry date 03/06/03] 3/10/03 86 Opposition by DJ Orthopedics dfts to motion to amend CMC order re discovery [83-1] (ok to file per ct) (cag) [Entry date 03/11/03] 3/10/03 87 Declaration of William F. Sullivan re motion response [86-1] (ok per ct) (cag) [Entry date 03/11/03] 3/13/03 88 DISCREPANCY ORDER by Magistrate Judge Leo S. Papas accepting document: reply from plaintiff Oracle Partners in 3:01-cv-02238, non-compliance with local rule 5.1.j.4, document is to be filed nunc pro tunc to the date received (cag) [Entry date 03/13/03] 3/13/03 89 Reply by Oracle Partners in 3:01-cv to opposition to motion to amend CMC order re discovery [83-1] (cag) [Entry date 03/13/03]

14 4/7/03 90 Stipulation and Order by Magistrate Judge Leo S. Papas temporarily vacating date for hrg on motion for class certification (no motion on file) (cag) [Entry date 04/07/03] 4/7/03 91 Order by Magistrate Judge Leo S. Papas granting motion to amend CMC order re discovery [83-1]; ddl to amd pleadings and/or add new ptys cont to 6/2/03 (cag) [Entry date 04/08/03] 4/29/03 92 Order by Magistrate Judge Leo S. Papas; Settlement conf vacated and reset for 9:00 7/23/03 before Mag Judge Leo Papas (cag) [Entry date 04/30/03] 5/7/03 93 Notice by Oracle Partners of substitution of Steven Larky as lead pla (cag) [Entry date 05/08/03] 6/12/03 94 Order by Magistrate Judge Leo S. Papas Magistrate Judge Leo Papas recuses from case and requests that another Magistrate Judge be assigned; Case referred to Magistrate Judge Ruben B. Brooks; Settlement Conference 9:00 7/23/03 vacated; New case number: 01cv2238-K(RBB). (jah) [Entry date 06/13/03] 6/13/03 95 Notice of Motion and Motion by Louisiana School in 3:01-cv for appt as lead pla and approval of selection of counsel; [motion referred to Judge Judith N. Keep]; motion hrg set for 7/21/03 at 11:00 (cag) [Entry date 06/16/03] 6/13/03 96 Memorandum of points and authorities by Louisiana School in 3:01-cv in support of motion for appt as lead pla and approval of selection of counsel [95-1] (cag) [Entry date 06/16/03] 6/17/03 97 Order by Magistrate Judge Ruben B. Brooks; telephonic attys-only Settlement conf set for 8:00 7/17/03 before Mag Judge Ruben Brooks (cag) [Entry date 06/19/03] 6/20/03 98 DISCREPANCY ORDER by Judge Judith N. Keep rejecting document: letter from plaintiff Louisiana School in 3:01-cv-02238, non-compliance with local rule 83.9 (cag) [Entry date 06/20/03] 7/2/ Order by Magistrate Judge Ruben B. Brooks; attys only telephonic settlement conf on 7/17/03 at 8:00 reset w/ dfts' counsel only (Received in docketing 7/8/03) (cag) [Entry date 07/09/03] 7/7/03 99 Joint Stmt in Response to motion by Louisiana School Employees' to be appointed lead pla and approval of

15 selection of counsel by dfts DJ Orthopedics Inc, Leslie H Cross, Cyril Talbott III, Charles T Orsatti, Mitchell J Blutt, Damion E Wicker, Kirby L Cramer (cag) [Entry date 07/08/03] 7/7/ Response by plaintiffs in 3:01-cv to motion for appt as lead pla and approval of selection of counsel [95-1] (cag) [Entry date 07/08/03] 7/14/ Reply by Louisiana School in 3:01-cv to opposition to motion for appt as lead pla and approval of selection of counsel [95-1] (cag) [Entry date 07/14/03] 7/14/ Declaration of Robert S. Gans re motion reply [102-1] (cag) [Entry date 07/14/03] 7/14/ Joint Statement by dfts in reply to response to motion for appt as lead pla and approval of selection of counsel [95-1] (cag) [Entry date 07/15/03] 7/17/ Order by Magistrate Judge Ruben B. Brooks; telephonic attys only Settlement conf held 7/17/03, Settlement Conf w/ all ptys set for 8:30 10/17/03 before Mag Judge Ruben Brooks (cag) [Entry date 07/21/03] 7/21/ Minutes: Enter Order by Judge Judith N. Keep; motion hrg off calendar; motion for appt as lead pla and approval of selection of counsel [95-1] and for approval of selection of counsel [95-2] are submitted. Court Reporter: n/a (cag) [Entry date 07/22/03] 7/22/ Order by Judge Judith N. Keep granting unopposed motion of Louisiana School Employees' Retirement System for appt as lead pla and approval of selection of counsel [95-1], ct approves selection of Bernstein Litowitz Berger & Grossmann as counsel (cag) [Entry date 07/22/03] 7/28/ Order by Magistrate Judge Ruben B. Brooks; only lead pla Louisiana School Employees' Retirement System and its counsel need appear on behalf of all plas at the 10/17/03 settlement conf, dfts and their counsel are required to appear at the 10/17/03 settlement conf (cag) [Entry date 07/31/03] 8/11/ DISCREPANCY ORDER by Magistrate Judge Ruben B. Brooks accepting document: motion to modify CMC order from plaintiff Louisiana School, non-compliance with local rule 7.1.f or 47.1.b.3, document is to be filed nunc pro tunc to the date received (cag) [Entry date 08/11/03] 8/11/ Ex Parte Motion by Louisiana School in 3:01-cv to

16 modify CMC order; [motion referred to Magistrate Judge Ruben B. Brooks]; NUNC PRO TUNC to 8/6/03 (cag) [Entry date 08/11/03] 8/11/ Declaration of Niki L. O'Neel re motion to modify CMC order [110-1]; NUNC PRO TUNC to 8/6/03 (cag) [Entry date 08/11/03] 8/15/ Joint Stmt in Opposition by dfts DJ Orthopedics Inc, Leslie H Cross, Cyril Talbott III, Charles T Orsatti, Mitchell J Blutt, Damion E Wicker, Kirby L Cramer to motion to modify CMC order [110-1] (cag) [Entry date 08/18/03] 8/27/ Order by Magistrate Judge Ruben B. Brooks granting in part/denying in part motion to modify CMC order [110-1]; proposed final pretrial conf order by 5/31/04, final pretrial conf on 6/7/04 as previously ordered (cag) [Entry date 08/27/03] 9/2/ Notice by William F Sullivan counsel for defendant DJ Orthopedics Inc in 3:01-cv-02238, defendant Leslie H Cross in 3:01-cv-02238, defendant Cyril Talbott III in 3:01-cv-02238, defendant Charles T Orsatti in 3:01-cv-02238, defendant Mitchell J Blutt in 3:01-cv-02238, defendant Damion E Wicker in 3:01-cv-02238, defendant Kirby L Cramer in 3:01-cv of change of address (joeh) [Entry date 09/08/03] 9/12/ Notice by Louisiana School of designation of atty Blair A. Nicholas (cag) [Entry date 09/15/03] 9/29/ Notice of Motion and Motion by Louisiana School for class certification; [motion referred to Judge Judith N. Keep]; motion hrg set for 10/27/03 at 11:00 (cag) [Entry date 10/01/03] 9/29/ Memorandum of points and authorities by Louisiana School in 3:01-cv in support of motion for class certification [116-1] (cag) [Entry date 10/01/03] 9/29/ Notice of Motion and Motion by Louisiana School to file decl under seal; [motion referred to Judge Judith N. Keep] (cag) [Entry date 10/01/03] 10/2/ Order by Judge Judith N. Keep granting motion to file decl under seal [118-1] (cag) [Entry date 10/02/03] 10/2/ Sealed Decl (pursuant to Court Order) re motion for class certification [116-1] (cag) [Entry date 10/02/03]

17 10/9/ DISCREPANCY ORDER by Judge Judith N. Keep rejecting document: stipo from dfts DJ Orthopedics Inc, Leslie H Cross, Cyril Talbott III, Charles T Orsatti, Mitchell J Blutt, Damion E Wicker, Kirby L Cramer, non-compliance with local rule other (cag) [Entry date 10/09/03] 10/9/ Renewed Motion submitted by Louisiana School to certify class; [motion referred to Judge Judith N. Keep]; motion hrg set for 11/10/03 at 11:00 (cag) [Entry date 10/10/03] 10/9/ Withdrawal by Louisiana School of motion for class certification previously set for 10/27/03 (cag) [Entry date 10/10/03] 10/17/ Order by Magistrate Judge Ruben B. Brooks; Settlement conf held and set for 8:30 3/16/04 before Mag Judge Ruben Brooks (Received in docketing 10/22/03) (cag) [Entry date 10/22/03] 10/17/ Order by Magistrate Judge Ruben B. Brooks granting dfts' ex parte appl to excuse appearance of Goldman Sachs, UBS Warburg and US Bancorp Piper Jaffray at 10/17/03 settlement conf; dfts shall be on telephonic standby t/w letter appl (Received in docketing 10/22/03) (cag) [Entry date 10/22/03] 10/23/ DISCREPANCY ORDER by Judge Judith N. Keep accepting document: joinder from defendant First Union in 3:01-cv-02238, non-compliance with local rule 5.1.j.4, document is to be filed nunc pro tunc to the date received (cag) [Entry date 10/23/03] 10/23/ JOINDER by First Union joining motion to certify class [122-1]; NUNC PRO TUNC to 10/20/03 (cag) [Entry date 10/23/03] 10/29/ DISCREPANCY ORDER by Judge Judith N. Keep accepting document: notice of errata from dfts DJ Orthopedics Inc, Leslie H Cross, Cyril Talbott III, Charles T Orsatti, Mitchell J Blutt, Damion E Wicker, Kirby L Cramer, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (cag) [Entry date 10/31/03] 10/29/ Sealed Notice of Errata re decl of Kevin M. Churchill (pursuant to Court Order); NUNC PRO TUNC to 10/24/03 (cag) [Entry date 10/31/03] [Edit date 10/31/03] 11/3/ Sealed joinder in opposition to motion to compel (pursuant

18 to Court Order) (cag) [Entry date 11/04/03] 11/7/ Reply by Louisiana School in support of motion to compel answers to interrogatories (motion not on file) (cag) [Entry date 11/10/03] 11/10/ Minutes: Enter Order by Judge Judith N. Keep; motion hrg off calendar; motion to certify class [122-1] is submitted; ct to issue an order. Court Reporter: Noemy Martinez (cag) [Entry date 11/12/03] 11/12/ Notice of Motion and Motion by Louisiana School in 3:01-cv to file reply and suppl decl under seal; [motion referred to Judge Judith N. Keep] (cag) [Entry date 11/13/03] 11/12/ Order by Judge Judith N. Keep granting in part/denying in part motion to file reply and suppl decl under seal [133-1]; exhs 2,3,4 of suppl decl to be filed under seal, suppl decl and reply not to be filed under seal (cag) [Entry date 11/13/03] 11/12/ Reply by Louisiana School in 3:01-cv to opposition to motion to certify class [122-1] (cag) [Entry date 11/13/03] 11/12/ Suppl Declaration of Niki L. O'Neel re motion reply [135-1] (cag) [Entry date 11/13/03] 11/17/ Order by Judge Judith N. Keep granting motion to certify class [122-1]; class consists of all persons and entities who purchased common stock of DJO in or traceable to its IPO; ct appoints LSERS representative of the Putative-Knowledge Subclass and Larky representative of the No-Knowledge Subclass (cag) [Entry date 11/18/03] 11/17/ Order by Magistrate Judge Ruben B. Brooks; motion for filing under seal submitted by lead pla and dfts (no motions on file) are denied; all papers submitted w/ respect to lead pla's motion to compel answers to interrogs shall be filed and be part of the public record (cag) [Entry date 11/19/03] 11/17/ Order by Magistrate Judge Ruben B. Brooks; hrg held on lead pla's motion to compel answers to interrogs, motion granted as to interrogs and denied as to interrogs 2 & 4; dfts' suppl responses by 12/17/03 (no motion on file) (cag) [Entry date 11/19/03] 11/19/ Notice of entry of order granting motion for class certification by Louisiana School (cag)

19 [Entry date 11/20/03] 11/21/ Notice of Motion and Motion by Louisiana School in 3:01-cv to compel answers to interrogs; [motion referred to Magistrate Judge Ruben B. Brooks] (motion hrg already held) (cag) [Entry date 11/24/03] 11/21/ Memorandum of points and authorities by Louisiana School in 3:01-cv in support of motion to compel answers to interrogs [141-1] (cag) [Entry date 11/24/03] 11/21/ Declaration of Niki L. O'Neel re motion to compel answers to interrogs [141-1] (cag) [Entry date 11/24/03] 11/21/ Opposition by dfts Goldman Sachs and Co, J P Morgan, UBS Warburg LLC, US Bancorp to motion to compel answers to interrogs [141-1] (cag) [Entry date 11/24/03] 11/21/ Declaration of Stephen D. Alexander re motion response [144-1] (cag) [Entry date 11/24/03] 11/26/ Stipulation revising expert report ddls and discovery cut-off and Order thereon by Magistrate Judge Ruben B. Brooks (cag) [Entry date 11/26/03] 12/3/03 -- Transcript of motion hrg on 11/17/03 before Mag Judge Brooks filed (cag) [Entry date 12/04/03] 12/24/ Notice by defendant Goldman Sachs and Co in 3:01-cv-02238, defendant J P Morgan in 3:01-cv-02238, defendant UBS Warburg LLC in 3:01-cv-02238, defendant US Bancorp in 3:01-cv-02238, defendant Piper Jaffray Inc in 3:01-cv of change of address (swd) [Entry date 12/29/03] 1/26/ Stipulation to stay discovery and pretrial schedule pending final approval of settlement and Order thereon by Magistrate Judge Ruben B. Brooks; Case stayed (cag) [Entry date 01/26/04] 3/10/ Order by Magistrate Judge Ruben B. Brooks; Settlement conf vacated and reset for 8:30 4/21/04 before Mag Judge Ruben Brooks (cag) [Entry date 03/12/04] 4/7/ Order by Magistrate Judge Ruben B. Brooks; telephonic Settlement conf vacated and reset for 8:00 6/24/04 before Mag Judge Ruben Brooks (cag) [Entry date 04/08/04]

20 4/13/ Stipulation of settlement (cag) [Entry date 04/13/04] 4/13/ Order by Judge Judith N. Keep preliminarily approving settlement and providing for notice; Settlement conf set for 11:00 6/21/04 before Judge Judith Keep (cag) [Entry date 04/13/04] 4/14/ Notice by Louisiana School of entry of order preliminarily approving settlement and providing for notice (cag) [Entry date 04/15/04] 5/5/ Notice by counsel for plaintiff Steven Larky in 3:01-cv-02238, plaintiff Lyle Green in 3:01-cv-02238, plaintiff Oracle Partners in 3:01-cv of change of firm name (tdo) [Entry date 05/07/04] 6/7/ Minutes: Enter Order by Judge Judith N. Keep; Pretrial conf off calendar 11:00 6/7/04; settlement cont date of 6/21/04 before Judge Keep confirmed (cag) [Entry date 06/08/04] 6/15/ DISCREPANCY ORDER by Judge Judith N. Keep accepting document: motion from plaintiff Louisiana School in 3:01-cv-02238, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received (cag) [Entry date 06/16/04] 6/15/ Notice of Motion and Motion by Louisiana School in 3:01-cv for award of attorney fees and reimbursement of expenses; [motion referred to Judge Judith N. Keep]; motion hrg set for 6/21/04 at 11:00; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/15/ Memorandum of points and authorities by Louisiana School in 3:01-cv in support of motion for award of attorney fees and reimbursement of expenses [157-1] (cag) [Entry date 06/16/04] 6/15/ Declaration of Niki L. O'Neel re motion for award of attorney fees and reimbursement of expenses [157-1]; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/15/ Declaration of Blair A. Nicholas re motion for award of attorney fees and reimbursement of expenses [157-1]; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/15/ Declaration of R. Randall Roche re motion for award of

21 attorney fees and reimbursement of expenses [157-1]; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/15/ Declaration of Shandarese Garr re motion for award of attorney fees and reimbursement of expenses [157-1]; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/15/ DISCREPANCY ORDER by Judge Judith N. Keep accepting document: motion from plaintiff Louisiana School in 3:01-cv-02238, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received (cag) [Entry date 06/16/04] 6/15/ Notice of Motion and Motion by Louisiana School in 3:01-cv for final approval of settlement and approval of plan of allocation of settlement proceeds; [motion referred to Judge Judith N. Keep]; motion hrg set for 6/21/04 at 11:00; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/15/ Memorandum of points and authorities by Louisiana School in 3:01-cv in support of motion for final approval of settlement and approval of plan of allocation of settlement proceeds [164-1]; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/15/ Declaration of Bjorn I. Steinholt re motion for final approval of settlement and approval of plan of allocation of settlement proceeds [164-1]; NUNC PRO TUNC to 6/14/04 (cag) [Entry date 06/16/04] 6/21/ Minutes: Enter Order by Judge M. M. McKeown granting motion for final approval of settlement and approval of plan of allocation of settlement proceeds [164-1], granting motion for award of attorney fees and reimbursement of expenses [157-1]. Court Reporter: Gina Doane (cag) [Entry date 06/21/04] 6/21/ Order by Judge M. M. McKeown approving proposed class action settlement and proposed plan of allocation; ct awards lead plaintiffs' counsel 25 percent of the settlement fund and reimburses $397, in expenses; case dismissed on the merits and w/ prej; terminating case (cag) [Entry date 06/22/04] 6/22/ Order by Magistrate Judge Ruben B. Brooks; telephonic settlement conf on 6/24/04 vacated; Settlement Dispo Conf set for 8:00 8/23/04 before Mag Judge Ruben Brooks (cag) [Entry date 06/24/04] 8/11/ Notice by counsel for plaintiff Steven Larky in

22 3:01-cv-02238, plaintiff Oracle Partners in 3:01-cv of change of firm name (tdo) [Entry date 08/19/04] 6/10/ DISCREPANCY ORDER by Judge Irma E. Gonzalez accepting document: notice of motion and motion for entry of order authorizing distribution of settlement funds from plaintiff Louisiana School in 3:01-cv-02238, non-compliance with local rule 7.1.f or 47.1.b.3, document is to be filed nunc pro tunc to the date received (jah) [Entry date 06/13/05] 6/10/ Notice of Motion and Motion by plaintiff Louisiana School in 3:01-cv for entry of order authorizing distribution of settlement funds, [motion(s) referred to Judge Irma E. Gonzalez]; Motion hrg set for 7/11/05 at 10:30am; NUNC PRO TUNC 6/7/05 (jah) [Entry date 06/13/05] [Edit date 07/11/05] 6/10/ Proof of Service by plaintiff Louisiana School in 3:01-cv of: motion for entry of order authorizing distribution of settlement funds; NUNC PRO TUNC 6/7/05 (jah) [Entry date 06/13/05] 6/27/ Statement of Non-opposition by defendants DJ Orthopedics Inc in 3:01-cv-02238, Leslie H Cross in 3:01-cv-02238, Cyril Talbott III in 3:01-cv-02238, Charles T Orsatti in 3:01-cv-02238, Mitchell J Blutt in 3:01-cv-02238, Damion E Wicker in 3:01-cv-02238, Kirby L Cramer in 3:01-cv to motion for entry of authorizing distribution of settlement funds [172-1] (jah) [Entry date 06/28/05] 7/1/ Minutes: Enter Order by Judge Irma E. Gonzalez motion for entry of order authorizing distribution of settlement funds submitted [172-1]; motion hrg of 7/11/05 - vacated; Court Reporter: N/A (ryc) [Entry date 07/05/05] [Edit date 07/06/05] 7/6/ Minutes: Enter Order: By order of the Court, this case is to be reassigned to another District Court Judge; Case reassigned to Judge Irma E. Gonzalez Court Reporter: n/a (cgl) [Entry date 07/07/05] 7/15/ Order authorizing distribution of settlement funds by Judge Irma E. Gonzalez; all claims that the claims administrator has determined are acceptable for pmt as set forth in Exhibit B to the Digiovanni Aff are approved for pmt from the Net Settlement Fund; claims administrator's incurred and anticipated; claims administrators incurred and anticipated fees and expenses of $92, in connection with administrating the settlement are approced and will be paid from the settlement fund (axr) [Entry date 07/18/05]

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