U.S. District Court District of Idaho CIVIL DOCKET FOR CASE #: 2:01-cv EJL

Transcription

1 US District Court Civil Docket as of 11/15/2004 Retrieved from the court on Tuesday, August 15, 2006 U.S. District Court District of Idaho CIVIL DOCKET FOR CASE #: 2:01-cv EJL Douglas, et al v. Primebuy Network, et al Assigned to: Honorable Edward J. Lodge Demand: $0 Lead case: 2:01-cv EJL Member case: 2:01-cv EJL-MHW Cause: 15:77 Securities Fraud Plaintiff Matthew J Douglas Date Filed: 05/10/2001 Jury Demand: Defendant Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Elizabeth A Leland KELLER ROHRBACK rd Ave #3200 Seattle, WA (206) Fax: LaDawn M Marsters 2075 N. 13th Street Boise, ID / ladawn@marsters-law.com Lynn Lincoln Sarko KELLER ROHRBACK rd Ave #3200 Seattle, WA (206) Fax: Mark A Griffin KELLER ROHRBACK rd Ave #3200 Seattle, WA (206) Fax:

2 Richard H Greener Greener Banducci Shoemaker P.A. 815 W Washington Boise, ID (208) Fax: (208) rgreener@greenerlaw.com Thomas G Walker COSHO HUMPHREY LLP 800 Park Blvd., Ste. 790 P.O. Box 9518 Boise, ID (208) Fax: (208) twalker@cosholaw.com Plaintiff Glen Douglas on behalf of themselves and all others similarly situated represented by LaDawn M Marsters Richard H Greener Thomas G Walker Plaintiff Roxanne Sarmento represented by Elizabeth A Leland LaDawn M Marsters

3 Lynn Lincoln Sarko Mark A Griffin Richard H Greener Thomas G Walker V. Defendant Primebuy Network.com, Inc. an Oklahoma corporation represented by Aimee Y Wong OPPENHEIMER WOLFF & DONNELLY 840 Newport Center Dr #700 Newport Beach, CA (949) B Newal Squyres HOLLAND & HART PO Box 2527 Boise, ID (208) Fax: nsquyres@hollandhart.com Grace Y Horoupian OPPENHEIMER WOLFF &

4 DONNELLY 840 Newport Center Dr #700 Newport Beach, CA (949) Paul C Nyquist OPPENHEIMER WOLFF & DONNELLY 840 Newport Center Dr #700 Newport Beach, CA (949) Steven C Bowman HOLLAND & HART PO Box 2527 Boise, ID (208) Fax: sbowman@hollandhart.com Defendant Charles H Michel represented by Aimee Y Wong B Newal Squyres Grace Y Horoupian Paul C Nyquist

5 Steven C Bowman Defendant Charles Culver represented by Aimee Y Wong B Newal Squyres Grace Y Horoupian Paul C Nyquist Steven C Bowman Defendant Gary E Bryant TERMINATED: 10/29/2003 represented by Aimee Y Wong

6 B Newal Squyres Grace Y Horoupian John T Edwards BROWN & EDWARDS 1221 W Hays Boise, ID (208) TERMINATED: 05/30/2003 Paul J Augustine Paul J. Augustine, PLLC PO Box 1521 Boise, ID (208) Fax: pja@augustinelaw.com TERMINATED: 10/29/2003 Paul C Nyquist Steven C Bowman Defendant Newport Capital Consultants, Inc. a California Corporation TERMINATED: 10/29/2003 represented by Aimee Y Wong

7 B Newal Squyres Grace Y Horoupian John T Edwards TERMINATED: 05/30/2003 Paul J Augustine TERMINATED: 10/29/2003 Paul C Nyquist Steven C Bowman Date Filed # Docket Text 05/10/ COMPLAINT (Summons(es) issued) (jml) (Entered: 05/21/2001) 05/10/2001 RECEIPT - $ filing fee paid, receipt #9131 (jml) (Entered: 05/21/2001) 05/11/ MOTION by plaintiff for attorneys Lynn Lincoln Sarko, Mark Griffin and Elizabeth A Leland to appear pro hac vice (jml) (Entered: 05/21/2001)

8 05/11/ DECLARATION of LaDawn Marsters by plaintiff re motion for attorneys Lynn Lincoln Sarko, Mark Griffin and Elizabeth A Leland to pro hac vice [2-1] (jml) (Entered: 05/21/2001) 05/11/ AFFIDAVIT of Lynn Lincoln Sarko regarding motion for attorneys Lynn Lincoln Sarko, Mark Griffin and Elizabeth A Leland to appear pro hac vice [2-1] (jml) (Entered: 05/21/2001) 05/11/ AFFIDAVIT of Mark A. Griffin regarding motion for attorneys Lynn Lincoln Sarko, Mark Griffin and Elizabeth A Leland to appear pro hac vice [2-1] (jml) (Entered: 05/21/2001) 05/11/ AFFIDAVIT of Elizabeth A. Leland regarding motion for attorneys Lynn Lincoln Sarko, Mark Griffin and Elizabeth A Leland to appear pro hac vice [2-1] (jml) (Entered: 05/21/2001) 05/18/ ORDER granting motion for attorneys Lynn Lincoln Sarko, Mark Griffin and Elizabeth A Leland to appear pro hac vice [2-1] (cc: all counsel) (jml) (Entered: 05/21/2001) 05/21/ NOTICE of Availability of Magistrate and Requirement for Consent sent to counsel for plaintiffs re complaint [1-1] (jml) 05/22/ LITIGATION ORDER by Honorable Edward J. Lodge ; Teleconf set for 8/9/01 at 9:30 am (cc: all counsel) (ja) (Entered: 05/23/2001) 07/06/ FIRST AMENDED CLASS ACTION COMPLAINT [1-1] for violation of Federal and State securities laws and the Idaho Consumer Protection Act; jury demand; adding pla Roxanne Sarmento, defs Gary E Bryant, Newport Capital (ja) 07/06/ RETURN OF SERVICE/PROCESS executed upon def Charles H Michel on 6/5/01 (ja) 07/06/ RETURN OF SERVICE/PROCESS executed upon Charles H. Michel on behalf of def Primebuy Network on 6/5/01 (ja) 07/06/2001 SUMMONS issued (jml) (Entered: 02/15/2002) 07/16/ MOTION by defs to transfer venue pursuant to 28 USC 1404(a) (ja) (Entered: 07/17/2001) 07/16/ POINTS AND AUTHORITIES by def in support of motion of defs to transfer venue pursuant to 28 USC 1404(a) [13-1] (ja) (Entered: 07/17/2001) 07/16/ DECLARATION of Judy K Regnier in support of motion of defs to transfer venue pursuant to 28 USC 1404(a) [13-1] (ja) (Entered: 07/17/2001) 07/16/ DECLARATION of Gary Bryant in support of motion of defs to transfer venue pursuant to 28 USC 1404(a) [13-1] (ja) (Entered: 07/17/2001) 07/16/ DECLARATION of Charles Michel in support of motion of defs to transfer venue pursuant to 28 USC 1404(a) [13-1] (ja) (Entered: 07/17/2001) 07/18/ APPLICATION AND ORDER FOR ADMISSION PRO HAC VICE - defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, Newport

9 Capital represented by Aimee Y Wong - ja (ja) (Entered: 07/20/2001) 07/18/ APPLICATION AND ORDER FOR ADMISSION PRO HAC VICE - defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, Newport Capital represented by Paul C Nyquist - ja (ja) (Entered: 07/20/2001) 07/24/ CERTIFICATE OF SERVICE by def regarding Def's Applications and Approval of Clerk for Admission Pro Hac Vice (ja) (Entered: 07/25/2001) 07/24/ MOTION by pla to consolidate cases, and for appointment as lead plas, and for approval of lead pla's selection of co-lead counsel (ja) (Entered: 07/25/2001) 07/24/ MEMORANDUM by pla in support of the Douglas pla group's motion for consolidation of related cases, appointment as lead plas and for approval of lead plas selection of co-lead counsel [21-1] [21-2] [21-3] (ja) (Entered: 07/25/2001) 07/24/ DECLARATION of Lynn L. Sarko in support of the Douglas lead pla group's motion for appointment of lead plas and for approval of lead pla's selection of colead counsel [21-1][21-2][21-3] (ja) (Entered: 07/25/2001) 07/27/ LITIGATION PLAN by plas, jury trial demanded (ja) (Entered: 07/30/2001) 07/27/ RETURN OF SERVICE/PROCESS executed upon def Newport Capital on 7/11/01 (ja) (Entered: 07/30/2001) 07/27/ RETURN OF SERVICE/PROCESS executed upon def Gary E Bryant on 7/11/01 (ja) (Entered: 07/30/2001) 07/27/ NOTICE AND ACKNOWLEDGMENT for Service by Mail by atty Paul Nyquist for def Charles Culver on 6/19/01 (ja) (Entered: 07/30/2001) 07/30/ SCHEDULING ORDER by Honorable Edward J. Lodge ; Telephonic Status Conference vacated ; Discovery ddl set for 9/1/02; Jury Trial set for 3/4/03 at 9:30 am in Boise Case referred to Magistrate Mikel H. Williams for all pretrial matters. (cc: all counsel) (ja) (Entered: 07/31/2001) 07/30/ ORDER REFERRING CASE TO MEDIATION by Honorable Edward J. Lodge : (cc: all counsel) (ja) (Entered: 07/31/2001) 08/07/ NOTICE OF HEARING ; All Pending Motions Hrg set for 10/9/01 at 1:30 pm in CDA before MHW (cc: all counsel) (ja) (Entered: 08/08/2001) 08/08/ ANSWER by defs to first amended class action complaint; jury demand (ja) (Entered: 08/09/2001) 08/08/2001 FILE DIVISION - File # 2 begins with document # 32 (ja) (Entered: 10/18/2001) 08/09/ NOTICE of Availability of Magistrate and Requirement for Consent sent to counsel for defs re answer [31-1] (ja) 08/09/ RESPONSE by plas to motion to transfer venue pursuant to 28 USC 1404(a) filed on 7/16/01 [13-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Jennifer M Veitengruber in opposition to motion of defs to transfer venue pursuant to 28 USC 1404(A) [33-1] (ja) (Entered: 08/10/2001)

10 08/09/ DECLARATION of Mark A Griffin in opposition to def's motion for change of venue [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Donald Alderman [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Peggy Alderman [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Ron Deering [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Glen Douglas [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Matthew Douglas [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Anita Jones [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Craig Kovalcik [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Thomas Gilligan [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Faye Halterman [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Cindy Lancaster [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of David Learned [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Elizabeth Learned [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Kay Lynch [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Tami Lynch [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Andrew Means [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Francis Moliterno [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Avon Myers [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of John Nelson [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Dorothy J Plank [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Scott Plank [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Roxanne Sarmento [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Steve Sinclair [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Stephanie Thompson [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Karen Troester [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Richard Troester [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of David White [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Frances White [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Philip Wick [33-1] (ja) (Entered: 08/10/2001) 08/09/ DECLARATION of Robert Cline [33-1] (ja) (Entered: 08/10/2001)

11 08/14/ NON-OBJECTION by defs to The Douglas pla group's motion for consolidation of related cases [21-1], appointment as lead plas [21-2], and for approval of lead pla's selection of co-lead counsel [21-3] (ja) (Entered: 08/15/2001) 08/17/ NOTICE OF HEARING re [30-1] ; All Pending Motions Hrg set for 11/28/01 at 1:30 pm in Boise before MHW (cc: all counsel) (ja) (Entered: 08/20/2001) 08/22/ POINTS AND AUTHORITIES in support of def's reply to pla's opposition to motion to transfer venue pursuant to 28 USC 1404(a) by defs [13-1] (ja) (Entered: 08/23/2001) 08/22/ OBJECTIONS by defs to declaration of Mark A Griffin filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [35-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Roxanne Sarmento filed in support of pl's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [56-1] (ja) 08/22/ OBJECTIONS by defs to declaration of David White filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [61-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Stephanie thompson filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [58-1] (ja) 08/22/ OBJECTIONS by def to declaration of Francis White filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a)[62-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Robert Cline filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [64-1] (ja) 08/22/ OBJECTIONS by def to declaration of Donald Alderman filed in support of pla's opposition to def's motion to transfer venue pursuant to 38 USC 1404(a) [36-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Peggy Alderman filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [37-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Ron Deering filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [38-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Scott Plank filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [55-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Dorothy J Plank filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [54-1] (ja)

12 08/22/ OBJECTIONS by defs to declaration of John Nelson filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [53-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Avon Myers filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [52-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Andre Means filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [50-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Tami Lynch filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [49-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Glen Douglas filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [39-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Matthew Douglas filed in support of pla's oppositon to def's motion to transfer venue pursuant to 28 USC 1404(a) [40-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Thomas Gilligan filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [43-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Anita Jones filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a)[41-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Craig Kovalcik filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [42-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Kay Lynch filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [48-1] (ja) 08/22/ OBJECTIONS by defs to declaration of Karen Troester filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [59-1] (ja) 08/22/ OBJECTIONS by def to declaration of Richard Troester filed in support of pla's opposition to def's motion to transfer venue pursuant to 28 USC 1404(a) [60-1] (ja) 08/22/ DECLARATION of Charles Michel in support of defs reply to pla's opposition to motion to transfer venue pursuant to 28 USC 1404(a) [67-1] (ja) (Entered: 08/23/2001) 08/28/ ORDER by Judge Mikel H. Williams granting motion to consolidate cases, that plas Matthew J Douglas, Glen Douglas, and Roxanne Sarmento are appointed Lead

13 plas of the Class, Plas Matthew J Douglas and Glen Douglas are appointed Lead plas of the Subclass, Lead plas selection of co-lead counsel is approved (cc: all counsel) (ja) 08/28/ /28/01-2:01cv368 cons w/2:01cv207=lead (ja) (ja) Modified on 09/12/ /31/ ANSWER by defs to class action complaint; jury demand (ja) (Entered: 09/04/2001) 08/31/ MOTION by defs to transfer venue pursuant to 28 USC 1404(a) (ja) (Entered: 09/04/2001) 08/31/ POINTS AND AUTHORITIES by defs in support of motion to transfer venue pursuant to 28 USC 1404(a) [94-1] (ja) (Entered: 09/04/2001) 08/31/ DECLARATION by Judy Regnier in support of motion of defs to transfer venue pursuant to 28 USC 1404(a) [94-1] (ja) (Entered: 09/04/2001) 08/31/ DECLARATION of Gary Bryant in support of defs motion to transfer venue pursuant to 28 USC 1404(a) [94-1] (ja) (Entered: 09/04/2001) 08/31/ DECLARATION of Charles Michel in support of motion of defs to transfer venue pursuant to 28 USC 1404(a) [94-1] (ja) (Entered: 09/04/2001) 09/04/ NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for defs re answer [93-1] (ja) 09/14/ RESPONSE by plas to def's objections to declarations submitted in opposition to venue transfer motion (ja) (Entered: 09/17/2001) 09/19/ RESPONSE by pla to motion to transfer venue of non-lead consolidated case pursuant to 28 USC 1404(a) [94-1] (ja) (Entered: 09/20/2001) 10/17/ ORDER by Judge Mikel H. Williams granting Douglas pla group's motion for consolidation of related cases, appointment of lead plas and for approval of lead pla's selection of co-lead counsel [21-1][21-2][21-3] (cc: all counsel) (ja) 10/17/ STIPULATED Protective Order (ja) (Entered: 10/18/2001) 10/30/ ORDER by Judge Mikel H. Williams re: stipulated protective order [103-1] (cc: all counsel) (ja) (Entered: 10/31/2001) 11/28/ MINUTES OF HEARING ON ALL PENDING MOTIONS - taking under advisement on 11/28/01 the motion to transfer venue [13-1] MHW (ja) (Entered: 11/30/2001) 12/10/2001 FILE DIVISION - File # 3 begins with document # 106 (ja) (Entered: 12/17/2002) 12/11/ MOTION by plas in 2:01-cv for leave to file second amended class action complaint joining permissive party plaintiff (ja) (Entered: 12/12/2001) 12/11/ MEMORANDUM by plas in support of motion for leave to file second amended class action complaint joining permissive party plaintiff [106-1] (ja) (Entered: 12/12/2001) 12/26/ STATEMENT OF NON-OPPOSITION by defs Primebuy Network.com, Charles

14 Michel, Charles Culver, Gary Bryant, and Newport Capital Consultants to motion for leave to file second amended class action complaint [106-1] (ja) (Entered: 12/27/2001) 01/24/ STIPULATION for stay of discovery and expert witness disclosures (ja) (Entered: 01/25/2002) 01/30/ APPLICATION AND ORDER FOR ADMISSION PRO HAC VICE - defs Primebuy Network, Charles H. Michel, Charles Culver, Gary F. Bryant and Newport Capital Consultants, Inc. represented by Grace Y Horoupian - ja (ja) 02/07/ ORDER by Judge Mikel H. Williams granting stipulation for stay of discovery and expert witness disclosures [109-1] (cc: all counsel) (ja) (Entered: 02/08/2002) 03/22/ ORDER by Judge Mikel H. Williams denying without prejudice motion to transfer venue [13-1], denying without prejudice motion to transfer venue [94-1], denying without prejudice motion for leave to file second amended class action complaint[106-1] If at the end of 60 days from date of Order, no settlement has been reached, parties may file a notice with the Court to renew their respective motions (cc: all counsel) (ja) Modified on 03/26/ /13/ JOINT STATEMENT REGARDING SETTLEMENT by plas and defs filed pursuant to Court's Order (ja) (Entered: 05/14/2002) 05/28/ MEMORANDUM OF UNDERSTANDING by plas (ja) (Entered: 05/29/2002) 05/28/ AMENDMENT by plas to statement regarding settlement [113-1] (ja) (Entered: 05/29/2002) 12/02/ MOTION by Holland and Hart to withdraw as counsel for defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, and Newport Capital (ja) (Entered: 12/03/2002) 12/02/ AFFIDAVIT of Steven C. Bowman regarding motion to withdraw as counsel for defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, and Newport Capital [116-1] (ja) (Entered: 12/03/2002) 12/10/ ORDER by Judge Mikel H. Williams granting motion to withdraw as counsel for defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, and Newport Capital [116-1]; terminating attorneys B Newal Squyres and Steve Bowman for Newport Capital, Gary E Bryant, Charles Culver, Charles H Michel, and Primebuy Network.com, Inc. (cc: all counsel) (ja) 12/12/ CERTIFICATE OF SERVICE by attorney for defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, and Newport Capital regarding Orders granting leave to withdraw as counsel (ja) (Entered: 12/13/2002) 12/19/ EX PARTE APPLICATION (ja) Modified on 12/19/ /19/ EX PARTE MEMORANDUM in support of ex parte motion [120-1] (ja) 12/19/ EX PARTE APPLICATION (ja) 12/19/ ORDER by Judge Mikel H. Williams granting ex parte motion [121-1] (ja) (Entered: 12/20/2002)

15 12/19/ DECLARATION of Paul C. Nyquist by defs in support of Ex Parte Application [120-1] (ja) (Entered: 12/20/2002) 12/26/ RESPONSE by plas to defense counsel motions to withdraw [120-1], [116-1] (ja) (Entered: 12/27/2002) 12/26/ NOTICE by plas of failure to achieve settlement (ja) (Entered: 12/27/2002) 12/26/ REQUEST by plas for Scheduling Conference (ja) (Entered: 12/27/2002) 12/26/ MEMORANDUM by plas in support of plas' response to defenze counsel motions to withdraw, Notice of Failure to achieve settlement, and Request for Scheduling Conference [123-1][123-1][123-1] (ja) (Entered: 12/27/2002) 12/26/ AFFIDAVIT of counsel in support of plas' response to defense counsel motions to withdraw, Notice of failure to achieve settlement, and Request for scheduing conference [123-1] [123-1][123-1] (ja) (Entered: 12/27/2002) 01/03/ ORDER by Judge Mikel H. Williams granting ex parte application [120-1]; terminating attorney Grace Y Horoupian, attorney Paul C Nyquist and attorney Aimee Y Wong for Newport Capital, Gary E Bryant, Charles Culver, Charles H Michel, and Primebuy Network (cc: all counsel) (ja) 02/10/ MOTION by plas to continue trial date (ja) (Entered: 02/11/2003) 02/10/ CERTIFICATE OF SERVICE by defs regarding Court's order dated 1/3/03 (ja) (Entered: 02/11/2003) 02/14/ ORDER by Honorable Edward J. Lodge granting motion to continue trial date [127-1] ; Jury trial set for 3/4/03 is VACATED and reset for 12/8/03 at 1:30pm in CDA; Any further action in this matter affecting the rights of the defs shall be STAYED for 20 days from the filing of proof of service of the notice re: the Court's order granting withdraw; Plas' counsel is directed to notify the Court after 20 days to reset the scheduling order ddls or to notify the Court as to how the parties wish to proceed (cc: all counsel) (ja) 03/05/ MOTION by plas in 2:01-cv for entry of default as to defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, and Newport Capital Consultants (ja) (Entered: 03/06/2003) 03/05/ AFFIDAVIT in support of motion for entry of default as to defs Primebuy Network, Charles H Michel, Charles Culver, Gary E Bryant, and Newport Capital Consultants [130-1] (ja) (Entered: 03/06/2003) 03/14/ NOTICE OF ATTORNEY APPEARANCE for def Gary E Bryant and Newport Capital in 2:01-cv and 2:01-cv by John T Edwards (ja) 03/17/ ORDER for default as to defs Primebuy Network, Charles H Michel, Charles Culver, Gary Bryant, and Newport Capital Consultants [130-1] (cc: all counsel) (ja) 03/24/ ORDER by Honorable Edward J. Lodge vacating the entry of default as to defs Gary E. Bryant and Newport Capital Consultants, Inc, the entry of default as to the remaining defs remains in effect [133-1] (cc: all counsel) (ja)

16 05/30/ NOTICE OF SUBSTITUTION OF COUNSEL: terminating attorney John T Edwards for Newport Capital and Gary E Bryant in 2:01-cv and substituting attorney Paul J Augustine (ja) 08/08/ STIPULATION to vacate current trial setting (wm) (Entered: 08/11/2003) 08/19/ ORDER by Honorable Edward J. Lodge granting stipulation to vacate current trial setting [136-1] ; Jury trial set for 12/8/03 is VACATED; the parties are to submit a joint litigation plan to the Court within 30 days of this order (cc: all counsel) (ja) 09/17/ LITIGATION PLAN by plas and defs Gary Bryant and Newport Capital Consultants (ja) (Entered: 09/18/2003) 10/09/ SCHEDULING ORDER by Honorable Edward J. Lodge; Discovery ddl set for 3/15/04; Pre-trial Motion ddl set for 4/1/04; Jury Trial set for 9:30am 10/12/04 Case referred to Judge Mikel H. Williams for all pretrial matters; parties shall participate mediation and will be contacted by ADR coordinator for district (cc: all counsel) (ja) 10/29/ STIPULATION AND ORDER by Honorable Edward J. Lodge for dismissal of action against the Bryant defs dismissing party Newport Capital in 2:01-cv-00207, party Gary E Bryant in 2:01-cv-00207, party Newport Capital in 2:01-cv-00368, party Gary E Bryant in 2:01-cv (cc: all counsel) (ja) 12/22/ MOTION by plaintiffs in 2:01-cv for class and subclass certification, and for entry of default judgment against Primebuy Network, Charles H Michel, and Charles Culver (ja) (Entered: 12/23/2003) 12/22/ MEMORANDUM by plas in 2:01-cv in support of motion for class and subclass certification [141-1] and for entry of default judgment against Primebuy Network, Charles H Michel, and Charles Culver [141-2] (ja) (Entered: 12/23/2003) 12/22/ AFFIDAVIT of LaDawn Marsters in support of motion for class and subclass certification [141-1] and entry of default judgment against Primebuy Network, Charles H Michel, and Charles Culver [141-2] (attachments not scanned- in expandable file folder) (ja) (Entered: 12/23/2003) 01/05/ MOTION by plas to vacate scheduling order in light of default and partial settlement (ja) (Entered: 01/06/2004) 01/08/ ORDER by Honorable Edward J. Lodge granting motion to vacate scheduling order in light of default and partial settlement [144-1] vacating schedule order [139-2] ; (cc: all counsel) (ja) 04/15/ NOTICE OF HEARING AND ORDER by Judge Mikel H. Williams Hearing on pla's motion for class and subclass certification and entry of default [141-1] set before MHW in Boise 9:30am 5/12/04 [141-2] (cc: all counsel) (ja) 05/11/ DECLARATION OF MARK A. GRIFFIN by plas in response to the 4/15/04 Notice of hearing and order [146-1] (SEALED) (ja) Modified on 05/11/ /11/ DECLARATION OF RAY FARROW by plas in response to the 4/15/04 Notice of hearing and order [146-1] (SEALED) (ja) 05/12/ MINUTES OF HEARING ON Motion for Class and Subclass Certification and for

17 Entry of Default - taking under advisement on 5/12/04 the motion for class and subclass certification [141-1] and motion for entry of default judgment [141-2] MHW (ja) 09/29/ ORDER by Judge Mikel H. Williams finding moot the motion for class and subclass certification [141-1], denying motion for entry of default judgment against Primebuy Network, Charles H Michel, and Charles Culver [141-2] (cc: all counsel) (ja) 10/04/ NOTICE that jury trial set for 10/12/04 is vacated, pla's counsel is directed to contact the Court regarding a trial setting if necessary, or otherwise notify the Court of how it will proceed (cc: all counsel) (ja) (Entered: 10/05/2004) 11/03/ MOTION by pla class for dismissal without prejudice (ja) (Entered: 11/04/2004) 11/03/ AFFIDAVIT of counsel in support of motion to dismiss [152-1] (ja) (Entered: 11/04/2004) 11/15/ ORDER by Honorable Edward J. Lodge granting motion for dismissal without prejudice [152-1] with each party to bear its own costs (cc: all counsel) (ja) 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