U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:03-cv KAM

Transcription

1 US District Court Civil Docket as of 04/27/2007 Retrieved from the court on Thursday, July 26, 2007 U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:03-cv KAM Kaplan, et al v. Voiceflash Network, et al Assigned to: Judge Kenneth A. Marra Referred to: Magistrate Judge Linnea R. Johnson Demand: $0 Cause: 15:0078 Securities Exchange Act Plaintiff Lawrence Kaplan Individually And On Behalf Of All Others Similarly Situated Date Filed: 02/11/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by James Tullman Weiss & Yourman Wilshire Boulevard 24th Floor Los Angeles, CA Joseph H. Weiss Weiss & Yourman 551 5th Avenue Suite 1600 New York, NY Jules Brody Stull Stull & Brody 6 E 45th Street Suite 500 New York, NY Fax: Julie Prag Vianale Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL

2 Fax: Kenneth J. Vianale Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL Fax: Deborah Jeanne Ryan Ryan & Dunn 3900 NW 79 Avenue Suite 417 Miami, FL Fax: Plaintiff Stanley Kaplan Individually And On Behalf Of All Others Similarly Situated represented by James Tullman Joseph H. Weiss Jules Brody Julie Prag Vianale Kenneth J. Vianale

3 Deborah Jeanne Ryan V. Defendant Voiceflash Networks, Inc Defendant Robert J. Kaufman represented by David Charles Pollack Stearns Weaver Miller Weissler Alhadeff & Sitterson Museum Tower 150 W Flagler Street Suite 2200 Miami, FL Fax: dpollack@swmwas.com Jose Guillermo Sepulveda Stearns Weaver Miller Weissler Alhadeff & Sitterson Museum Tower 150 W Flagler Street Suite 2200 Miami, FL Fax: jsepulveda@swmwas.com Richard Bryan Jackson Stearns Weaver Miller Weissler Alhadeff & Sitterson Museum Tower 150 W Flagler Street Suite 2200 Miami, FL Fax: rjackson@swmwas.com

4 Defendant Thomas C. Teper represented by David Charles Pollack Jose Guillermo Sepulveda Richard Bryan Jackson Defendant Steven Serle represented by David Charles Pollack Jose Guillermo Sepulveda Richard Bryan Jackson Defendant Mark Brody represented by David Charles Pollack Jose Guillermo Sepulveda Richard Bryan Jackson V. Consol Defendant

5 Sherb & Co., LLP represented by Elise Dameron Weakley Proskauer Rose 2255 Glades Road Suite 340 West Boca Raton, FL Fax: James Miller Kaplan Wilson Elser Moskowitz Edelman & Dicker Bank of America Tower 100 SE 2nd Street Suite 3800 Miami, FL Fax: Thomas W. Hyland Wilson Elser Moskowitz Edelman & Dicker 150 E 42 Street New York, NY Plaintiff Justin Capital Management represented by Julie Prag Vianale Kenneth J. Vianale Deborah Jeanne Ryan Plaintiff Linda Meltzer represented by Julie Prag Vianale

6 Kenneth J. Vianale Deborah Jeanne Ryan Date Filed # Docket Text 02/11/ CLASS ACTION COMPLAINT filed; FILING FEE $ RECEIPT # ; A-3 Magistrate Judge Barry S. Seltzer (at, Deputy Clerk) (Entered: 02/13/2003) 02/11/ JURY TRIAL DEMANDED by Lawrence Kaplan, Stanley Kaplan (at, Deputy Clerk) (Entered: 02/13/2003) 03/03/ SUMMONS(ES) issued for Voiceflash Network (lh, Deputy Clerk) (Entered: 03/04/2003) 03/06/ MOTION by Lawrence Kaplan, Stanley Kaplan for Jules Brody to appear pro hac vice $75 fee paid (mh, Deputy Clerk) (Entered: 03/07/2003) 03/06/2003 Filing Fee Paid; FILING FEE $75 RECEIPT # for Jules Brody to appear pro hav vice (mh, Deputy Clerk) (Entered: 03/07/2003) 03/06/ ORDER requiring counsel to confer, file joint scheduling report and file joint discovery report (Signed by Judge Kenneth A. Marra on 3/6/03) [EOD Date: 3/7/03] (ss, Deputy Clerk) (Entered: 03/07/2003) 03/07/ ORDER granting [3-1] motion for Jules Brody to appear pro hac vice ( Signed by Judge Kenneth A. Marra on 3/7/03) [EOD Date: 3/10/03] (lh, Deputy Clerk) (Entered: 03/10/2003) 04/21/ MOTION by Lawrence Kaplan, Stanley Kaplan to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of co-lead and liaison counsel (lh, Deputy Clerk) (Entered: 04/22/2003) 04/21/ MEMORANDUM by Lawrence Kaplan, Stanley Kaplan in support of [6-1] motion to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of colead and liaison counsel (lh, Deputy Clerk) (Entered: 04/22/2003) 04/21/ Declaration/Statement of Kenneth J. Vianale re: [6-1] motion to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of co-lead and liaison counsel

7 (lh, Deputy Clerk) (Entered: 04/22/2003) 05/14/ MOTION by Lawrence Kaplan, Stanley Kaplan for James Tullman to appear pro hac vice (hd, Deputy Clerk) (Entered: 05/15/2003) 05/14/2003 Filing Fee Paid; FILING FEE $75.00 RECEIPT # (hd, Deputy Clerk) (Entered: 05/15/2003) 05/20/ ORDER granting [9-1] motion for James Tullman to appear pro hac vice ( Signed by Judge Kenneth A. Marra on 5/20/03) [EOD Date: 5/21/03] (lh, Deputy Clerk) (Entered: 05/21/2003) 06/19/ JOINT MOTION by Lawrence Kaplan, Stanley Kaplan, Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to consolidate cases, and to extend time of pre-trial deadlines (lh, Deputy Clerk) (Entered: 06/20/2003) 07/31/ ORDER granting [11-1] joint motion to consolidate cases, granting [11-2] joint motion to extend time of pre-trial deadlines, granting [6-1] motion to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of co-lead and liaison counsel ( Signed by Judge Kenneth A. Marra on 7/31/03) [EOD Date: 8/1/03] (lh, Deputy Clerk) (Entered: 08/01/2003) 07/31/2003 Consolidated Lead Case (lh, Deputy Clerk) (Entered: 08/01/2003) 07/31/2003 DOCKET pleadings in LEAD case only (lh, Deputy Clerk) (Entered: 08/01/2003) 10/22/ ORDER denying as moot [6-1] motion to consolidate, granting appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and granting approval of lead plaintiffs' selection of co-lead and liaison counsel ( Signed by Judge Kenneth A. Marra on 10/22/03) [EOD Date: 10/23/03] (Former Deputy Clerk) (Entered: 10/23/2003) 12/18/ AGREED MOTION by Lawrence Kaplan, Stanley Kaplan to extend time to file consolidated amended class action complaint (mh, Deputy Clerk) (Entered: 12/18/2003) 12/19/ ORDER granting [14-1] motion to extend time to file consolidated amended class action complaint. Lead Plaintiffs shall file and serve on or before 1/21/04 ( Signed by Judge Kenneth A. Marra on 12/18/03) [EOD Date: 12/19/03] (Former Deputy Clerk) (Entered: 12/19/2003) 01/15/ AGREED MOTION by Lawrence Kaplan, Stanley Kaplan to extend time to file consolidated amended class action complaint (mh, Deputy Clerk) (Entered: 01/15/2004) 01/21/ ORDER granting [16-1] motion to extend time to file consolidated amended class action complaint ( Signed by Judge Kenneth A. Marra on 1/21/04) [EOD Date: 1/22/04] (Former Deputy Clerk) (Entered: 01/22/2004) 03/09/ DEMAND for jury trial by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer (Former Deputy Clerk) (Entered: 03/11/2004) 03/10/ FIRST AMENDED CLASS ACTION COMPLAINT by Lawrence Kaplan, Stanley Kaplan, (Answer due 3/22/04 for Mark Brody, for Steven Serle, for Thomas C.

8 Teper, for Robert J. Kaufman, for Voiceflash Network ) amending [1-1] complaint adding Justin Capital, Linda Meltzer (Former Deputy Clerk) (Entered: 03/11/2004) 04/12/ AGREED MOTION with memorandum in support by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to respond to the first amended class action complaint (gp, Deputy Clerk) (Entered: 04/13/2004) 04/14/ ORDER granting [19-1] motion to extend time to respond to the first amended class action complaint resetting answer due for 5/27/04 for Mark Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman ( Signed by Judge Kenneth A. Marra on 4/13/04) [EOD Date: 4/15/04] (Former Deputy Clerk) (Entered: 04/15/2004) 04/27/ AGREED MOTION by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to respond to the First Amended Class Action Complaint (wc, Deputy Clerk) (Entered: 04/28/2004) 04/29/ ORDER granting [21-1] motion to extend time to respond to the First Amended Class Action Complaint resetting answer due for 7/12/04 for Mark Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman, for Voiceflash Network ( Signed by Judge Kenneth A. Marra on 4/29/04) [EOD Date: 4/30/04] (Former Deputy Clerk) (Entered: 04/30/2004) 04/29/ SUGGESTION OF DEATH on the record of Defendant Robert J. Kaufman by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody (wc, Deputy Clerk) (Entered: 04/30/2004) 05/25/ AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time to respond to first amended class action complaint (Former Deputy Clerk) (Entered: 05/25/2004) 05/25/ ORDER granting [24-1] motion to extend time to respond to first amended class action complaint resetting answer due for 7/12/04 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 5/25/04) [EOD Date: 5/26/04] (Former Deputy Clerk) (Entered: 05/26/2004) 06/17/ AGREED MOTION by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to respond to the first amended class action complaint (tb, Deputy Clerk) (Entered: 06/18/2004) 06/18/ ORDER granting [26-1] motion to extend time to respond to the first amended class action complaint resetting answer due for 8/11/04 for Sherb & Co., LLP, for Mark Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman, for Voiceflash Network ( Signed by Judge Kenneth A. Marra on 6/18/04) [EOD Date: 6/21/04] (Former Deputy Clerk) (Entered: 06/21/2004) 07/09/ AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time to respond to First Amended Class Action Complaint (wc, Deputy Clerk) (Entered: 07/13/2004) 07/15/ ORDER granting [28-1] motion to extend time to respond to First Amended Class Action Complaint resetting answer due for 8/11/04 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 7/15/04) [EOD Date: 7/16/04] (Former Deputy Clerk) (Entered: 07/16/2004)

9 08/11/ MOTION with memorandum in support by Sherb & Co., LLP to dismiss first amended class action complaint (Former Deputy Clerk) (Entered: 08/11/2004) 08/11/ MOTION with memorandum in support by Thomas C. Teper, Steven Serle, Mark Brody to dismiss First Amended Complaint (Former Deputy Clerk) (Entered: 08/12/2004) 08/11/ AFFIDAVIT of Jose G. Sepulveda Re: [31-1] motion to dismiss First Amended Complaint (Former Deputy Clerk) (Entered: 08/12/2004) 08/11/ REQUEST by Thomas C. Teper, Steven Serle, Mark Brody for Oral Argument on [30-1] motion to dismiss first amended class action complaint (Former Deputy Clerk) (Entered: 08/12/2004) 09/22/ AGREED MOTION by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer for extension of time to file opposition to defendants' motions to dismiss (ss, Deputy Clerk) (Entered: 09/22/2004) 09/24/ ORDER granting [34-1] motion for extension of time to file opposition to defendants' motions to dismiss ( Signed by Judge Kenneth A. Marra on 9/24/04) [EOD Date: 9/27/04] (Former Deputy Clerk) (Entered: 09/27/2004) 10/20/ AGREED MOTION by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer for enlargement of pages (exess 20 pages) (gp, Deputy Clerk) (Entered: 10/20/2004) 10/25/ MEMORANDUM by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer in opposition to [30-1] motion to dismiss the first amended class action complaint (ss, Deputy Clerk) (Entered: 10/26/2004) 10/25/ MEMORANDUM of LAW by Lawrence Kaplan, Stanley Kaplan in opposition to [31-1] motion to dismiss First Amended Complaint (gp, Deputy Clerk) (Entered: 10/26/2004) 10/25/ ORDER granting [36-1] motion for enlargement of pages (exess 20 pages) ( Signed by Judge Kenneth A. Marra on 10/25/04) [EOD Date: 10/27/04] (Former Deputy Clerk) (Entered: 10/27/2004) 11/12/ AGREED MOTION by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to serve their reply memorandum in support of their motion to dismiss (Former Deputy Clerk) (Entered: 11/16/2004) 11/15/ ORDER granting [40-1] motion to extend time to serve their reply memorandum in support of their motion to dismiss. The Individual Defendants shall serve reply on or before 12/10/04 ( Signed by Judge Kenneth A. Marra on 11/15/04) [EOD Date: 11/17/04] (Former Deputy Clerk) (Entered: 11/17/2004) 11/23/ AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time to reply to memorandum in opposition to motion to dismiss (gp, Deputy Clerk) (Entered: 11/24/2004) 11/29/ ORDER granting [42-1] motion to extend time to reply to memorandum in opposition to motion to dismiss Reply to Response to Motion reset to 12/10/04 for [30-1] motion to dismiss first amended class action complaint ( Signed by Judge

10 Kenneth A. Marra on 11/29/04) [EOD Date: 12/2/04] (Former Deputy Clerk) (Entered: 12/02/2004) 12/01/ UNOPPOSED MOTION with memorandum in support by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody for leave to exceed page limitations on their reply memorandum in support of their motion to dismiss (Former Deputy Clerk) (Entered: 12/06/2004) 12/02/ ORDER granting [44-1] motion for leave to exceed page limitations on their reply memorandum in support of their motion to dismiss ( Signed by Judge Kenneth A. Marra on 12/2/04) [EOD Date: 12/7/04] (Former Deputy Clerk) (Entered: 12/07/2004) 12/10/ REPLY MEMORANDUM by Thomas C. Teper, Steven Serle, Mark Brody in support of [31-1] motion to dismiss First Amended Complaint (Former Deputy Clerk) (Entered: 12/13/2004) 12/10/ REPLY MEMORANDUM by Sherb & Co., LLP in support of [30-1] motion to dismiss first amended class action complaint (Former Deputy Clerk) (Entered: 12/13/2004) 03/30/ ORDER granting, without prejudice, with leave to amend [31-1] motion to dismiss First Amended Complaint granting without prejudice, with leave to amend [30-1] motion to dismiss first amended class action complaint denying as moot [33-1] motion for Oral Argument on [30-1] motion to dismiss first amended class action complaint ( Signed by Judge Kenneth A. Marra on 3/30/05) [EOD Date: 3/31/05] (Former Deputy Clerk) (Entered: 03/31/2005) 03/30/ AGREED MOTION with memorandum in support by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to dismiss of Robert Kaufman, Deceased (Former Deputy Clerk) (Entered: 04/01/2005) 04/01/ ORDER granting [49-1] motion to dismiss of Robert Kaufman, Deceased. Robert Kaufman, Deceased, is hereby dismissed from this action, with prejudice to plaintiffs' seeking to substitute the personal representative of his estate. (Signed by Judge Kenneth A. Marra on 04/01/05) [EOD Date: 4/5/05] (gp, Deputy Clerk) (Entered: 04/05/2005) 04/12/ NOTICE of Change of Address of Attorneyu by Lawrence Kaplan, Stanley Kaplan (gp, Deputy Clerk) (Entered: 04/12/2005) 04/13/ JOINT STATUS REPORT by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer (gp, Deputy Clerk) (Entered: 04/13/2005) 04/18/ ORDER approving joint status report on briefing schedule ( Signed by Judge Kenneth A. Marra on 4/18/05) [EOD Date: 4/20/05] (Former Deputy Clerk) (Entered: 04/20/2005) 04/19/ NOTICE of Unavailability by Thomas C. Teper, Steven Serle, Mark Brody for dates of: 6/10/05 through 6/20/05, 6/25/05 through 7/4/05, 7/15/05 through 7/24/05 and 8/19/05 through 8/29/05 (Former Deputy Clerk) (Entered: 04/22/2005) 05/31/ Second AMENDED COMPLAINT by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer, (Answer due 6/10/05 for Sherb & Co., LLP, for Mark

11 Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman, for Voiceflash Network ) amending [1-1] complaint (gz, Deputy Clerk) (Entered: 06/01/2005) 07/15/ MOTION with memorandum in support by Sherb & Co., LLP to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 07/15/2005) 07/15/ MOTION with memorandum in support by Thomas C. Teper to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 07/18/2005) 08/24/ Agreed MOTION by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer to extend time to file opposition to motion to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 08/24/2005) 08/25/ ORDER granting [58-1] motion to extend time to file opposition to motion to dismiss second amended complaint. Lead plaintiffs shall file response to motion on or before 9/2/05 ( Signed by Judge Kenneth A. Marra on 8/25/05) [EOD Date: 8/29/05] (gz, Deputy Clerk) (Entered: 08/29/2005) 09/02/ MEMORANDUM of law by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer in opposition to [57-1] motion to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 09/02/2005) 09/02/ MEMORANDUM of law by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer in opposition to [56-1] motion to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 09/02/2005) 09/02/ REQUEST by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer for Hearing on [56-1] motion to dismiss second amended complaint, [57-1] motion to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 09/02/2005) 09/29/ REPLY BRIEF by Sherb & Co., LLP in further support of [56-1] motion to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 09/30/2005) 09/29/ REPLY Memorandum in support by Thomas C. Teper to [57-1] motion to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 09/30/2005) 03/20/ ORDER and OPINION granting in part, denying in part [57-1] motion to dismiss second amended class action complaint; denying [56-1] motion to dismiss second amended complaint; denying as moot [62-1] motion for Hearing on [56-1] motion to dismiss second amended complaint, [57-1] motion to dismiss second amended class action complaint ( Signed by Judge Kenneth A. Marra 3/20/06) [EOD Date: 3/20/06] (gz, Deputy Clerk) (Entered: 03/20/2006) 03/22/ Agreed MOTION by Thomas C. Teper to extend time to serve answer and affirmative defenses to second amended complaint (gz, Deputy Clerk) (Entered: 03/23/2006) 03/23/ ORDER granting [66-1] motion to extend time to serve answer and affirmative defenses to second amended complaint Resetting answer to second amended complaint due for 5/1/06 for Thomas C. Teper (Signed by Judge Kenneth A. Marra on 3/23/06) [EOD Date: 3/27/06] (gp, Deputy Clerk) (Entered: 03/27/2006)

12 03/30/ MOTION by Sherb & Co., LLP (Attorney ) to extend time to answer second amended complaint (sk, Deputy Clerk) (Entered: 04/03/2006) 04/05/ ORDER granting [68-1] motion to extend time to answer second amended complaint reset answer due for 5/1/06 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 4/4/06) [EOD Date: 4/6/06] (gz, Deputy Clerk) (Entered: 04/06/2006) 04/21/ JOINT MOTION by Lawrence Kaplan, Stanley Kaplan, Linda Meltzer, Justin Capital, Thomas C. Teper to extend time serve answer and affirmative defenses to second amended complaint (gz, Deputy Clerk) (Entered: 04/24/2006) 04/25/ Unopposed MOTION by Sherb & Co., LLP to extend time to respond to second amended complaint (gz, Deputy Clerk) (Entered: 04/26/2006) 04/27/ ORDER granting [70-1] joint motion to extend time serve answer and affirmative defenses to second amended complaint Resetting answer and affirmative defenses to the second amended complaint due for 5/15/06 for Thomas C. Teper (Signed by Judge Kenneth A. Marra on 04/27/06) [EOD Date: 4/28/06] (gp, Deputy Clerk) (Entered: 04/28/2006) 04/27/ ORDER granting [71-1] motion to extend time to respond to second amended complaint Setting answer due for 5/15/06 for Sherb & Co., LLP (Signed by Judge Kenneth A. Marra on 4/27/06) [EOD Date: 5/1/06] (gp, Deputy Clerk) (Entered: 05/01/2006) 05/05/ JOINT MOTION by Thomas C. Teper, Stanley Kaplan, Lawrence Kaplan, Linda Meltzer, Justin Capital to extend time to serve answer and affirmative defenses to second amended complaint (gz, Deputy Clerk) (Entered: 05/09/2006) 05/10/ ORDER granting [74-1] joint motion to extend time to serve answer and affirmative defenses to second amended complaint reset answer due for 7/31/06 for Thomas C. Teper ( Signed by Judge Kenneth A. Marra on 5/10/06) [EOD Date: 5/12/06] (gz, Deputy Clerk) (Entered: 05/12/2006) 06/13/ NOTICE of Mediation Hearing on 6/30/06 Nicholas Politano added as mediator (gz, Deputy Clerk) Modified on 06/14/2006 (Entered: 06/14/2006) 06/16/ UNOPPOSED MOTION with memorandum in support by Sherb & Co., LLP to extend time to serve its answer and affirmative defenses to second amended class action complaint (bs, Deputy Clerk) (Entered: 06/19/2006) 06/20/ ORDER granting [77-1] motion to extend time to serve its answer and affirmative defenses to second amended class action complaint reset answer due for 7/31/06 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 6/20/06) [EOD Date: 6/21/06] (gz, Deputy Clerk) (Entered: 06/21/2006) 07/14/ JOINT MOTION by Thomas C. Teper, Linda Meltzer, Justin Capital, Stanley Kaplan, Lawrence Kaplan to extend time to serve his answer and affirmative defenses to second amended complaint (at, Deputy Clerk) (Entered: 07/17/2006) 07/17/ ORDER granting [79-1] joint motion to extend time to serve his answer and affirmative defenses to second amended complaint due within 60 days of this order ( Signed by Judge Kenneth A. Marra on 7/17/06) [EOD Date: 7/19/06] (gz, Deputy

13 Clerk) (Entered: 07/19/2006) 08/07/ AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time nunc pro tunc, to serve its answer and affirmative defenses to second amended class action complaint (gp, Deputy Clerk) (Entered: 08/09/2006) 08/08/ ORDER granting [81-1] motion to extend time nunc pro tunc, to serve its answer and affirmative defenses to second amended class action complaint. **Please see Order for further details. (Signed by Judge Kenneth A. Marra on 8/08/06) [EOD Date: 8/10/06] (gp, Deputy Clerk) (Entered: 08/10/2006) 09/15/ JOINT STATUS REPORT by Linda Meltzer, Justin Capital, Thomas C. Teper (gp, Deputy Clerk) (Entered: 09/18/2006) 11/17/ STIPULATION of Settlement by Sherb & Co., LLP, Lawrence Kaplan, Stanley Kaplan, Thomas C. Teper, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Vianale, Julie) (Entered: 11/17/2006) 11/17/ Agreed MOTION for Preliminary Approval of Class Action Settlement re 84 Stipulation, by Lawrence Kaplan, Stanley Kaplan, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Exhibit 1)(Vianale, Julie) (Entered: 11/17/2006) 12/13/ PRELIMINARY ORDER granting 85 Agreed Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Kenneth A. Marra on 12/7/2006. (ls) (Entered: 12/13/2006) 01/09/ SETTLEMENT AGREEMENT (Amended) by Lawrence Kaplan, Stanley Kaplan, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Vianale, Julie) (Entered: 01/09/2007) 01/09/ Agreed MOTION for Entry of Amended Preliminary Approval Order of Class Action Settlement re 87 Settlement Agreement by Lawrence Kaplan, Stanley Kaplan, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Proposed Order)(Vianale, Julie) (Entered: 01/09/2007) 01/10/ AMENDED PRELIMINARY ORDER granting 88 Agreed Motion for entry of amended preliminary approval order of class action settlement. Signed by Judge Kenneth A. Marra on 1/10/2007. (ls) (Entered: 01/11/2007) 01/30/2007 Notice of Undeliverable Notice of Electronic Filing re89 Order on Motion for Miscellaneous Relief US Mail returned for: not deliverable as addressed returned for: Deborah Jeanne Ryan (rb) (Entered: 01/30/2007) 02/22/ ORDER directing clerk to transfer case. Case reassigned to Judge Linnea R. Johnson. Signed by Judge Kenneth A. Marra on 02/20/2007 (bs) (Entered: 02/22/2007) 03/22/ MOTION for Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds by Justin Capital Management. (Vianale, Julie) (Entered: 03/22/2007) 03/22/ MOTION for Attorney Fees and Reimbursement of Litigation Expenses by Justin Capital Management. Responses due by 4/5/2007 (Vianale, Julie) (Entered:

14 03/22/2007) 03/22/ AFFIDAVIT signed by : James Tullman. re 91 MOTION for Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds, 92 MOTION for Attorney Fees and Reimbursement of Litigation Expenses by Justin Capital Management. (Attachments: # 1 Claims Administrator Affidavit)(Vianale, Julie) (Entered: 03/22/2007) 03/22/ AFFIDAVIT signed by : Plaintiffs' Counsel. re 92 MOTION for Attorney Fees and Reimbursement of Litigation Expenses by Justin Capital Management. (Attachments: # 1 Weiss Affidavit# 2 Brown Affidavit# 3 Vianale Affidavit)(Vianale, Julie) (Entered: 03/22/2007) 03/29/ Minute Entry for proceedings held before Judge Kenneth A. Marra : Settlement Conference held on 3/29/2007. Court Reporter: Stephen Franklin (mt) (Entered: 03/29/2007) 03/30/ JUDGMENT in favor of the Plaintiff against the Defendants (see judgment for details)signed by Judge Kenneth A. Marra on 3/29/2007.(mt) (Entered: 03/30/2007) 04/04/2007 Notice of Undeliverable Mail re86 Order on Motion for Miscellaneous Relief US Mail returned for: Return to sender, not at this address, need updated address information for Deborah Ryan. (ww) (Entered: 04/04/2007) 04/27/2007 Notice of Undeliverable Mail re95 Settlement Conference, 96 Judgment US Mail returned for: Deborah Ryan, Not Deliverable as addressed, need updated address information (ww) (Entered: 04/27/2007) 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