U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:04-cv CAS-JWJ

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1 US District Court Civil Docket as of 10/30/2006 Retrieved from the court on Tuesday, November 07, 2006 U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:04-cv CAS-JWJ Scott Tanne v. Autobytel Inc et al Assigned to: Judge Christina A. Snyder Referred to: Magistrate Judge Jeffrey W. Johnson Lead case: 2:04-cv CAS-JWJ Member cases: 2:04-cv MMM-JWJ 2:04-cv MMM-JWJ Cause: 15:78m(a) Securities Exchange Act Plaintiff Scott Tanne Individually and On Behalf of all Others Similarly Situated Date Filed: 10/29/2004 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Christopher Kim Lim Ruger & Kim 1055 W 7th St, Ste 2800 Los Angeles, CA christopher.kim@lrklawyers.com Elizabeth P Lin Milberg Weiss Bershad and Schulman 355 South Grand Avenue, Suite 4170 Los Angeles, CA elin@milbergweiss.com Jeff S Westerman Milberg Weiss Bershad and Schulman 355 South Grand Avenue, Suite 4170 Los Angeles, CA Fax: Lisa J Yang Lim Ruger & Kim 1055 W 7th St, Ste 2800

2 Los Angeles, CA Lorinda D Franco Lim Ruger and Kim 1055 West 7th Street, Suite 2800 Los Angeles, CA Marc A Topaz Schiffrin and Barroway 3 Bala Plaza East, Suite 400 Bala Cynwyd, PA Richard A Maniskas Schiffrin and Barroway 3 Bala Plaza East, Suite 400 Bala Cynwyd, PA Tamara Skvirsky Schiffrin and Barroway 3 Bala Plaza East, Suite 400 Bala Cynwyd, PA Plaintiff NJS Advisors Inc represented by Jason R Llorens Lerach Coughlin Stoia Geller Rudman & Robbins 9601 Wilshire Boulevard, Suite 510 Los Angeles, CA Jonah H Goldstein

3 Lerach Coughlin Stoia Geller Rudman and Robbins 401 B Street, Suite1700 San Diego, CA William S Lerach Lerach Coughlin Stoia Geller Rudman and Robbins 655 West Broadway, Suite 1900 San Diego, CA V. Consol Plaintiff Alex Mintz V. Movant Gary Kutz TERMINATED: 06/30/2005 represented by Eric Lechtzin Schiffrin and Barroway 280 King of Prussia Road Radnor, PA Katharine M Ryan Schiffrin and Barroway 280 King of Prussia Road Radnor, PA Kay E Sickles Schiffrin and Barroway 280 King of Prussia Road Radnor, PA US

4 Lisa J Yang (See above for address) Sean M Handler Schiffrin and Barroway 280 King of Prussia Road Radnor, PA shandler@sbclasslaw.com Todd Mosser Schiffrin and Barroway 280 King of Prussia Road Radnor, PA V. Defendant Autobytel Inc represented by Edward Han Paul Hastings Janofsky and Walker 55 Second Street, 24th Floor San Francisco, CA edwardhan@paulhastings.com John A Reding Paul Hastings Janofsky and Walker 55 2nd Street, 24th Fl San Francisco, CA jackreding@paulhastings.com Defendant Michael Fuchs represented by Edward Han

5 (See above for address) John A Reding (See above for address) Defendant Jeffrey Schwartz, - represented by Edward Han (See above for address) John A Reding (See above for address) Defendant Hoshi Printer TERMINATED: 06/30/2005 represented by Edward Han (See above for address) John A Reding (See above for address) Date Filed # Docket Text 10/29/ COMPLAINT against Defendants Autobytel Inc, Michael Fuchs, Hoshi Printer, Jeffrey Schwartz. (Filing fee $ 150.) Jury Demanded, filed by plaintiff Scott Tanne. (jp, ) (Entered: 11/03/2004) 10/29/ Days Summons Issued re Complaint - (Discovery)[1] as to Defendants Autobytel Inc, Michael Fuchs, Hoshi Printer, Jeffrey Schwartz. (jp, ) (Entered: 11/03/2004) 10/29/ CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Scott Tanne. (jp, ) (Entered: 11/03/2004) 10/29/ NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jp, ) (Entered: 11/03/2004)

6 10/29/2004 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Richard A Maniskas, Tamara Skvirsky, Marc A Topaz for Plaintiff Scott Tanne. (jp, ) (Entered: 11/03/2004) 10/29/2004 FAX number for Attorneys Lorinda D Franco, Christopher Kim, Lisa J Yang is (jp, ) (Entered: 11/03/2004) 11/03/2004 RESPONSE filed by Pro Hac Vice attorney Richard A Maniskas, Tamara Skvirsky, Marc A Topaz on behalf of Plaintiff Scott Tanne. PHV fee Paid. (bg, ) (Entered: 11/24/2004) 11/05/ PROOF OF SERVICE Executed by plaintiff Scott Tanne, upon Autobytel Inc served on 11/2/2004, answer due 11/22/2004. The Summons and Complaint were served by personal service, by Federal statute, upon Mara Velasco, Clerk at C T Corporation Systems, authorized agent. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) (Entered: 11/08/2004) 11/22/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Marc A Topaz for Scott Tanne, designating Lisa J Yang as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, ) (Entered: 11/24/2004) 11/22/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Richard A Maniskas for Scott Tanne, designating Lisa Yang as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, ) (Entered: 11/24/2004) 11/22/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Tamara Skvirsky for Scott Tanne, designating Lisa J Yang as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, ) (Entered: 11/24/2004) 12/17/ STIPULATION AND ORDER by Judge Margaret M. Morrow that the time for defendants to answer or otherwise respond to the Complaint shall be extended to sixty (60) days after plaintiff has filed a consolidated amended complaint, or such time as the Court so orders.(bg, ) (Entered: 12/20/2004) 12/21/ NOTICE of Entry of Order filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. (bg, ) (Entered: 12/22/2004) 12/28/ NOTICE OF MOTION AND MOTION for Order to Appoint Gary Kurtz as Lead Plaintiff and MOTION for Appointment of Lead Counsel, filed by plaintiff Scott Tanne. Memorandum of points and authorities in support Motion set for hearing on 2/7/2005 at 10:00 AM before Honorable Margaret M. Morrow. Lodged proposed order. (bg, ) (Entered: 01/03/2005) 12/28/ DECLARATION of Lisa J Yang in support re MOTION for Order to Appoint Gary kurtz as Lead Plaintiff and MOTION for Appointment of Counsel [13] filed by plaintiff Scott Tanne. (bg, ) (Entered: 01/03/2005) 12/28/ NOTICE OF MOTION AND MOTION to Consolidate All Related Actions for all Purposes filed by plaintiff Scott Tanne. Memorandum of points and authorities in support Motion set for hearing on 2/7/2005 at 10:00 AM before Honorable Margaret M. Morrow. Lodged proposed order. (bg, ) (Entered: 01/03/2005)

7 12/28/ PROOF OF SERVICE filed by plaintiff Scott Tanne. re MOTION for Order to Appoint Gary Kurtz as Lead Plaintiff and MOTION for Appointment of Counsel [13], Declaration (Motion related)[14], MOTION to Consolidate Cases[15], proposed order was served upon (see service list) by mail on 12/28/04. (bg, ) (Entered: 01/03/2005) 12/28/ NOTICE OF MOTION AND MOTION to Consolidate Five Related Actions Pursuant to FRCP 42(a) filed by Proposed Plaintiff NJS Advisors Inc. Motion set for hearing on 2/7/2005 at 10:00 AM before Honorable Margaret M. Morrow. Lodged Order. (nhac, ) (Entered: 01/04/2005) 12/28/ MEMORANDUM of Law in Support of Motion to Consolidate Related Actions [17] filed by Proposed Plaintiff NJS Advisors Inc. (nhac, ) (Entered: 01/04/2005) 12/28/ NOTICE OF MOTION AND MOTION to Appoint NJS Advisors Inc as Lead Plaintiff and To Approve Lead Plaintiffs Choice of Lead Counsel Pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 filed by Proposed Plaintiff NJS Advisors Inc. Motion set for hearing on 2/7/2005 at 10:00 AM before Honorable Margaret M. Morrow. Lodged Order. (nhac, ) (Entered: 01/04/2005) 12/28/ MEMORANDUM of Points and Authorities in Support of Motion to Appoint NJS Advisors Inc as Lead Plaintiff and To Approve Lead Plaintiffs Choice of Lead Counsel Pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 [19] filed by Proposed Plaintiff NJS Advisors Inc. (nhac, ) (Entered: 01/04/2005) 12/28/ DECLARATION of Jason R. Llorens in support of Motion to Appoint NJS Advisors Inc as Lead Plaintiff and To Approve Lead Plaintiffs Choice of Lead Counsel Pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 [19] filed by Proposed Plaintiff NJS Advisors Inc. (nhac, ) (Entered: 01/04/2005) 12/28/ NOTICE OF MOTION AND MOTION for Consolidation of Related Actions, for Appointment of as Lead Plaintiff and for approval of Lead Plaintiffs Selection of Co-Lead Counsel filed by Brea Plaintiffs Motion set for hearing on 2/7/2004 at 10:00 AM before Honorable Margaret M. Morrow. (bg, ) (Entered: 01/12/2005) 12/28/ MEMORANDUM of points and authorities in Support of MOTION for Appointment of Counsel, MOTION to Consolidate Cases, MOTION for Order[22] filed by Brea Plaintiffs. (bg, ) (Entered: 01/12/2005) 12/28/ DECLARATION of Dale MacDiarmid re MOTION for Appointment of Counsel, MOTION to Consolidate Cases, MOTION for Order[22] filed by Brea Plaintiffs. (bg, ) (Entered: 01/12/2005) 12/29/ NOTICE OF MOTION AND MOTION for Appointment of Counsel, MOTION for Approval of his selection of lead counsel filed by plaintiff Scott Tanne. Motion set for hearing on 2/7/2004 at 10:00 AM before Honorable Margaret M. Morrow. Lodged proposed order. (bg, ) (Entered: 01/03/2005) 12/29/ MEMORANDUM in Support of MOTION for Appointment of Counsel, MOTION for Approval of selection of Lead Counsel [10] filed by plaintiff Scott Tanne. (bg, ) (Entered: 01/03/2005) 12/29/ DECLARATION of Karen T Rogers in support re MOTION for Appointment of Counsel, MOTION for Approval of selection of lead counsel[10] filed by plaintiff

8 Scott Tanne. (bg, ) (Entered: 01/03/2005) 12/29/ NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Margaret M. Morrow ORDERING Notice of Motion, Memorandum, Declaration, proposed order submitted by Plaintiffs Scott Tanne, NJS Advisors Inc received on 12/28/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bg, ) (Entered: 01/13/2005) 01/05/ Amendment to MOTION for Appointment of Counsel, MOTION to Consolidate Cases, MOTION for Order for Appointed of Lead Plaintiff [22] filed by Brea Plaintiffs. (bg, ) (Entered: 01/13/2005) 01/10/ RESPONSE to MOTION for Appointment of Counsel, MOTION to Consolidate Cases MOTION for Order for approval of selection of Lead plaintiffs counsel [22] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. (bg, ) (Entered: 01/18/2005) 01/10/ APPENDIX OF UNPUBLISHED DECISIONS IN SUPPORT OF DEFENDANTS RESPONSE TO PLAINTIFFS MOTIONS re MOTION for Appointment of Counsel, MOTION to Consolidate Cases, MOTION for Order for approvalof selection of lead plaintiffs counsel[22] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. (bg, ) (Entered: 01/18/2005) 01/10/ PROOF OF SERVICE filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. re Appendix of unpublished decisions [28], Response to Motion[27], was served upon (see service list) by mail on 1/10/05. (bg, ) (Entered: 01/18/2005) 01/26/ NOTICE of withdrawal of Motion of Michael Brinda for Appointment as Lead Plaintiff and Approval of his Selection of Lead Counsel filed by plaintiffs Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 02/01/2005) 01/28/ STIPULATION AND ORDER by Judge Margaret M. Morrow. All Motions to Appoint Lead Plaintiff(s) and Lead Counsel will be on 3/14/05, at 10:00 am. All oppositions to the said Motions will be filed by 2/22/05, and all replies will be filed by 3/1/05. The following captions are hereby consolidated for all purposes pursuant to Rule 42(a) of the FRCP: CV , CV , CV , CV , CV The caption of the Consolidated Action shall be "In re Autobytel, Inc Securities Litigation." (see document for further details) (bg, ) Modified on 2/3/2005 (bg, ). (Entered: 02/03/2005) 01/28/2005 Set Deadlines as to MOTION for Appointment of Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION for Order MOTION for Order[22], MOTION for Appointment of Counsel MOTION for Order MOTION for Order[13], MOTION to Consolidate Cases[15], MOTION to Consolidate Cases[17], MOTION for Appointment of Counsel MOTION for Order MOTION for Order[10], MOTION for Order[19]. Motion set for hearing on 3/14/2005 at 10:00 AM before Honorable Margaret M. Morrow. Responses due by 2/22/2005 Replies due by 3/1/2005. (bg, ) (Entered: 02/03/2005) 01/28/ STIPULATION AND ORDER by Judge Margaret M. Morrow: All motions to appoint lead plaintiff(s) and legal counsel will be heard on 3/14/05 at 10:00 a.m. All oppositions to the said motions wil be filed on 2/2/205, and all replies will be

9 filed by 3/1/05; The following captions are hereby consolidated for all purposes pursuant to Rule 42(a) of the Federal Rules of Civil Procedure before the Honorable Margaret M. Morrow CV MMM (JWJx) CV MMM (JWJx) CV MMM (JWJx) and CV MMM (JWJx) [13]. Honorable Margaret M. Morrow.(bp, ) (Entered: 02/03/2005) 02/22/ MEMORANDUM of Law in Further Support of Gary Kurtz [13]MOTION for Appointment of Lead Plaintiff and for Approval of his Selection of Lead Counsel and Liaison Counsel and in opposition to all Competing Motions seeking appointment of Lead Plaintiff [22], MOTION to Consolidate Cases[17], MOTION for Appointment of Counsel MOTION for Order MOTION for Order[10], MOTION to Consolidate Cases[15], MOTION for Order[19] filed by plaintiffs Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 03/02/2005) 02/22/ OPPOSITION to MOTION for Appointment of Counsel, MOTION to Consolidate Cases MOTION for Order [22], MOTION for Appointment of Counsel, MOTION for Order [13], MOTION for Appointment of Counsel, MOTION for Order[10], MOTION to Consolidate Cases[15] filed by plaintiffs Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 03/02/2005) 02/24/ MEMORANDUM of Points and Authorities in Opposition to Competing Motions re MOTION for Appointment of Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION for Order MOTION for Order[22], MOTION for Appointment of Counsel MOTION for Order MOTION for Order[13], MOTION to Consolidate Cases[17], MOTION for Appointment of Counsel MOTION for Order MOTION for Order[10], MOTION to Consolidate Cases[15], MOTION for Order[19] filed by plaintiff Alex Mintz. (bg, ) (Entered: 03/09/2005) 02/24/ DECLARATION of Dale J MacDiarmid in support of Movant Alex mintz Motion for Appointment of Lead Plaintiff and Approval of Lead Counsel for the Autobytel Shareholder Class filed by Consol Plaintiff Alex Mintz. Request to permit late filing of opposition. (bg, ) (Entered: 03/09/2005) 03/01/ REPLY MEMORANDUM IN SUPPORT to MOTION for Order to appoint NJS Advisors[19] filed by defendants NJS Advisors Inc. (bg, ) (Entered: 03/21/2005) 03/01/ DECLARATION of Elise J Cohen in support re MOTION for Order[19] filed by plaintiff NJS Advisors Inc. (bg, ) (Entered: 03/21/2005) 03/01/ DECLARATION of Nandan Shah in support re MOTION for Order[19] filed by plaintiff NJS Advisors Inc. (bg, ) (Entered: 03/21/2005) 03/01/ REPLY MEMORANDUM of Law in Further Support of Gary Kurtz Motion for Appointment as Lead Plaintiff and for Approval of His selection of Lead Counsel and Liaison Counsel filed by plaintiffs (bg, ) (Entered: 03/21/2005) 03/01/ DECLARATION of Lisa J Yang in support of Reply Memorandum of Law in further support of gary Kurtz Motion for Appointment as Lead Plaintiff and for Approval of his selection of Lead Counsel and Liaison Counsel filed by Plaintiff s. (bg, ) (Entered: 03/21/2005) 03/07/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific

10 Case by Sean M Handler for Gary Kutz, designating Lisa J Yang as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, ) (Entered: 03/21/2005) 03/07/2005 FAX number for Attorney Lisa J Yang is (bg, ) (Entered: 03/21/2005) 03/11/ NOTICE OF Recent Authority in support of MOTION to Appoint NJS Advisors Inc as Lead Plaintiff and To Approve Lead Plaintiffs Choice of Lead Counsel Pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 [19] filed by Plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (shb, ) (Entered: 03/18/2005) 03/14/ MINUTES OF 1. Plaintiffs Alex mintz Motion for Appointment of Lead Counsel; 2. Plaintiff Proposed Lead Counsel (Gary Kurtz) Motion for Appointment of Lead Plaintiff and Lead Counsel; and Appointment of Lim Ruger and Kim as Lead Counsel. The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court grants Gary Kurtz motion for appointment as lead plaintff and approves his selection of Schiffrin and Barroway LLP as lead counsel and Lim, Ruger and Kim LLP as liason counsel. The court denies the motions of Alex Mintz, Brea Plaintiffs Group, and NJS for appointment as lead plaintiff and approval of their selection of lead counsel. The parties are directed to file the consolidated class action within 45 days of the date of this order.in Chambers Conference held before Judge Margaret M. Morrow :, Motion Hearing held before Judge Margaret M. Morrow :Court Reporter: David Salyer. (bg, ) (Entered: 04/04/2005) 03/15/ ORDER APPOINTING LEAD PLAINTIFF AND APPROVING LEAD COUNSEL by Judge Margaret M. Morrow: The court grants Gary Kurtz's motion for appointment as lead plaintiff and approves his selection of Schiffrin & Barroway, LLP as lead counsel and Lim, Ruger & Kim, LLP as liaison counsel. The court denies the motions of Alex Mintz [7], Brea Plaintiffs Group (Cesar Brea, Laurence Vernon, Stephen Wascak, Igor Lachter and William Fortier), NJS Advisors, Inc. for appointment as lead plaintiff and for approval of their selection of lead counsel. Lead plaintiff is directed to file a consolidated class action complaint on or before 4/25/2005. Defendants are directed to file a responsive pleading on or before 6/6/2005. In the event defendants file a motion to dismiss, plaintiffs' opposition must be filed on or before 7/5/2005. Any reply must be filed on or before 7/18/2005. The motion should be calendared for hearing on 8/29/2005 at 10:00 AM. (bg) (Entered: 03/21/2005) 03/15/ ORDER APPROVING LEAD PLAINTIFF AND APPROVING LEAD COUNSEL by Judge Margaret M. Morrow,the court grants Gary Kurtz motion for appointment as lead plaintiff and approves his selection of Schiffrin and Barroway LLP as lead counsel and Lim, Ruger and Kim LLP as liaison counsel. The court denies the motions of Alex Mintz, Brea Plaintiffs Gorup, and NJS for appointment as lead plaintiff and for approval of their selection of lead counsel. Lead plaintiff is directed to file a consolidated class action compliant on or before 4/25/05. Defendants are directed to file a responsive pleading on or before 6/6/05. In the event defendants file a motion to dismiss, plaintiffs opposition must be filed on or before 7/5/05. Any reply must be filed on or before 7/18/05. The motions should be calendared for hearing on 8/29/05 at 10:00 am.(bg, ) (Entered: 04/13/2005) 03/18/2005 PLACED IN FILE - NOT USED re Proposed order granting motion of the Brea

11 Plaintiffs Group for consolidation of related actions for appointment as lead plaintiff and for approval of lead plaintiff selection of co-lead counsel (bg, ) (Entered: 03/22/2005) 03/18/2005 PLACED IN FILE - NOT USED re Proposed order consolidating actions and appointing lead plaintiff and lead counsel submitted by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 03/22/2005) 03/18/2005 PLACED IN FILE - NOT USED re Proposed order appointing NJS Advisors Inc as lead plaintiff and approving lead plaintiffs choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 submitted by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 03/22/2005) 03/18/2005 PLACED IN FILE - NOT USED re Proposed order to consolidate related actions submitted by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 03/22/2005) 03/18/2005 PLACED IN FILE - NOT USED re Proposed order granting Gary Kurtz Motion to consolidate all related actions for all purposes submitted by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 03/22/2005) 03/18/2005 PLACED IN FILE - NOT USED re proposed order appointing Gary Kurtz as lead plaintiff and appointing lead counsel submitted by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 03/22/2005) 03/21/ RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 03/14/05 Court Reporter: David Salyer. (cbr, ) (Entered: 03/23/2005) 03/21/ TRANSCRIPT filed for proceedings held on 03/14/05. Court Reporter: David Salyer. (cbr, ) (Entered: 03/23/2005) 04/21/ STIPULATION AND ORDER by Judge Margaret M. Morrow Lead plaintiff shall file a consolidated class action complaint within 30 days after Autobytel isues its restated audited financial statments for the 2002 and 2003 fiscal years and the first and second quarters of 2004; All defendants shall have 30 days to answer or otherwise respond to the consolidated class action complaint. Lead plaintiff shall have 30 days to respond to any motion filed by defendants in response to the consolidated class action complaint, and defendants shall have 30 days to serve a Reply, unless otherwise agreed between the parties.(bg, ) (Entered: 04/25/2005) 05/27/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Todd Mosser for Gary Kutz, designating Lisa J Young as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, ) (Entered: 05/31/2005) 05/27/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Katharine M Ryan for Gary Kutz, designating Lisa J Yang as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, ) (Entered: 05/31/2005) 05/27/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Eric Lechtzin for Gary Kutz, designating Lisa J Yang as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, ) (Entered: 05/31/2005) 06/02/2005 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney

12 Katharine M Ryan for Movant Gary Kutz. (bg, ) (Entered: 06/03/2005) 06/30/ CONSOLIDATED COMPLAINT related to: Complaint - (Discovery)[1],filed by plaintiff Scott Tanne (bg, ) (Entered: 07/01/2005) 07/02/ NOTICE OF MOTION AND MOTION to Dismiss Consolidated Amended Class Action Complaint filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc, Amit Kothari. Motion set for hearing on 11/14/2005 at 10:00 AM before Honorable Margaret M. Morrow. (bg, ) Modified on 8/3/2005 (bg, ). (Entered: 08/03/2005) 07/02/ MEMORANDUM of points and authorities in Support of MOTION to Dismiss Consolidated Amended Class Action Complaint[56] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc., Amit Kothari (bg, ) Modified on 8/3/2005 (bg, ). (Entered: 08/03/2005) 07/02/ REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case[56] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc., Amit Kothari (bg, ) (Entered: 08/03/2005) 07/02/ DECLARATION of Braden O Wilhelm in support re MOTION to Dismiss Case[56] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc., Amit Kothair (bg, ) (Entered: 08/03/2005) 07/28/ STIPULATION AND ORDER by Judge Margaret M. Morrow that defendants shall be permitted to file a memorandum of points and authorities in support of their motion to dismiss not to exceed thrity-five (35) pages. Plaintiffs shall be permited to file an opposition memorandum not to exceed thiryt-five (35) pages. Defendants shall file a reply brief up to twenty-five (25) pages pursuant to Local Rule The hearing on defendants motions to dismiss shall be scheduled for Monday, 11/14/05 at 10:00 am.(bg, ) (Entered: 07/29/2005) 07/29/ MINUTES OF IN CHAMBERS ORDER by Judge Margaret M Morrow : Consolidation of Case Under Case Number CV MMM and Termination of Case Number CV MMM, CV MMM and CV MMM. The court orders the consolidation of Case No CV MMM(PJWx), CV MMM(JWJx), and CV MMM(JWJx) with Case No CV MMM(JWJx) for all purposes and for trial. For ease of record keeping, the court orders that all further documents and proceedings occur under Case No CV MMM-(JWJx) and that Case No CV MMM(PJWx), CV MMM(JWJx), and CV MMM(JWJx) be closed.court Reporter: not reported. (bg, ) Modified on 3/21/2006 (bg, ). (Entered: 08/01/2005) 08/01/ CERTIFICATION of Interested Parties filed by Defendants Michael Fuchs, Jeffrey Schwartz, Autobytel Inc., Hoshi Printer, Amit Kothari (bg, ) (Entered: 08/03/2005) 08/01/ CERTIFICATE OF SERVICE filed by defendants Michael Fuchs, Jeffrey Schwartz, Autobytel Inc re Request for Judicial Notice [58], Declaration of Braden O Wilhelm in support MOTION to Dismiss Consolidated Amended Class Action Complaint [59], Certificate of Interested Parties [60], MOTION to Dismiss Consolidated Amended Class Action Complaint [56], MEMORANDUM of points and authorities in Support of MOTION to Dismiss Consolidated Amended Class Action Complaint [57], was served on 8/1/2005. (jp, ) (Entered: 08/09/2005)

13 08/01/ CERTIFICATE OF SERVICE filed by defendants Michael Fuchs, Jeffrey Schwartz, Autobytel Inc re Stipulation and Proposed Order setting hearing for defendants Motion to Dismiss and Extending page limits for Motion to Dismiss and Opposition to motion to Dismiss, was served on 7/26/2005. (jp, ) (Entered: 08/09/2005) 08/02/2005 PLACED IN FILE - NOT USED re Stipulation and propoised order extending page limits for briefs related to defendants motion to dismiss and setting hearing date submitted by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc., Amit Kothari (bg, ) (Entered: 08/03/2005) 08/10/ MINUTES OF IN CHAMBERS ORDER by Judge Margaret M. Morrow : On 7/2/05, defendants Autobytel Inc., Michael Fuchs, Jeffrey Schwartz, Hoshi Printer and Amit Kothari filed a MOTION to Dismiss Consolidated amended class action complaint[56]. The court hereby advances the briefing schedule on defendants motion. Any opposition by plaintiff must be filed no later than 10/11/2005. Any reply by defendants must be filed no later than 10/18/2005. Court Reporter: Not present. (bg, ) (Entered: 08/11/2005) 08/17/ ORDER STRIKING FILED DOCUEMNTS FROM THE RECORD by Judge Margaret M. Morrow : the documents listed below were improperly filed for the following reasons: Briefing scheduled previously issued; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Order Advancing Briefing Schedule 63.(bg, ) (Entered: 08/19/2005) 08/18/ CORRECTED PROOF OF SERVICE filed by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. re Stipulation and Order, 54, was served upon John Reding, Esq and Sean Handler by mail on 8/18/05. (bg, ) (Entered: 08/19/2005) 08/29/ SCHEDULING STIPULATION AND ORDER by Judge Margaret M. Morrow : Lead plaintiff shall file and serve its opposition to the defendants motion by 10/14/05; the defendants reply papers, if any, shall be filed and served by 11/21/05, and the hearing on defendants motion shall be set for 12/5/2005, unless otherwise agreed between the parties.(bg, ) (Entered: 08/30/2005) 09/01/ MINUTES IN CHAMBERS before Judge Margaret M. Morrow: CONSOLIDATION OF CASE UNDER CASE NUMBER CV MMM AND TERMINATION OF CASE NUMBER SACV MMM. The Court orders the consolidation of Case No. 8:04-cv MMM(JWJx) with Case No. CV MMM(JWJx) for all purposes and for trial. For ease of record keeping, the Court orders that all further documents and proceedings occur under Case No. CV MMM(JWJx) and that Case No. SACV MMM(JWJx) be closed. Counsel are directed to file all further documents under Case No. CV MMM(JWJx) only. The documents should utilize the caption of the original filed case to which they relate. Court Reporter: Not Appearing. (jp, ) (Entered: 09/06/2005) 09/02/ ORDER TO REASSIGN CASE due to self-recusal pursuant to Section 3.2 of General Order 224 by Judge Margaret M. Morrow. Case transferred to the calendar of Judge Christina A. Snyder for all further proceedings. Case number now reads as CV CAS (JWJx).(rn, ) (Entered: 09/06/2005) 09/20/ MINUTES OF (IN CHAMBERS) ORDER by Judge Christina A. Snyder : This

14 action has been reassigned to the Honorable Christina A Snyder, United States District Judge. Please substitute the initials CAS in place of the initials MMM. The case number will now read CV CAS(JWJx). Defendants Motion to Dismiss Consolidated Amended Class Action Complaint[56] presently set on 12/5/05 is continued to 12/19/2005 at 10:00 AM before Honorable Christina A. Snyder.Court Reporter: Not Present. (bg, ) (Entered: 09/26/2005) 09/22/ NOTICE TO COUNSEL by Judge Christina A. Snyder. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the FRCP.(bg, ) (Entered: 09/23/2005) 10/17/ STIPULATION AND ORDER by Judge Christina A. Snyder : Lead plaintif shall file and serve its opposition to the defendants motion by 10/28/05; the defendants reply papers, if any, shall be filed and served by 12/16/05, and the hearing on the defendants motion shall be set for 1/16/05 at 10:00 am unless otherwise agreed between the parties. The page limits set forth in the 7/28/05 Stipulation and Order shall continue to apply.(bg, ) (Entered: 10/17/2005) 10/19/ MINUTES OF (IN CHAMBERS) ORDER by Judge Christina A. Snyder : the Court amends the 10/17/05 Scheduling Stipulation Regarding Motion to Dismiss [56]and Order Thereon, by continuing the motion hearing from 1/16/06 to 1/23/2006 at 10:00 AM only.court Reporter: Not Present. (bg, ) (Entered: 10/20/2005) 10/27/ STIPULATION Re Page Limits DENIED (bg, ) (Entered: 10/31/2005) 10/31/ NOTICE OF DISCREPANCY AND ORDER: by Judge Christina A. Snyder, ORDERING Memorandum of points and authorities in opposition to defendants motion to dismiss; Declaration submitted by Consol Plaintiff Alex Mintz received on 10/28/05 is not to be filed but instead rejected. Denial based on: Local Rule 11-6 Memorandum exceeds 25 pages.(bg, ) (Entered: 11/02/2005) 11/02/ [Corrected} MEMORANDUM of points and authorities in Opposition to MOTION to Dismiss Consolidated Amended Class Action Complaint[56] filed by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 11/04/2005) 11/02/ DECLARATION of Eric Lechtzin in support of Memorandum of Points and Authorities in opposition re MOTION to Dismiss Consolidated Amended Class Action Complaint [56] filed by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 11/04/2005) 11/03/ NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Christina A. Snyder ORDERING Corrected Memorandum of points and authorities in opposition to defendants motion; Declaration of Eric Lechzin in support submitted by Consol Plaintiff Alex Mintz, Plaintiffs Scott Tanne, NJS Advisors Inc received on 11/2/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bg, ) (Entered: 11/04/2005) 11/15/ STIPULATION AND ORDER by Judge Christina A. Snyder defendants shall file and serve their reply papers to Lead Plaintiffs opposition by 1/27/06, and the hearing on defendants motion shall be set for 2/13/06 at 10:00 am(bg, ) (Entered: 11/16/2005)

15 11/15/ PROOF OF SERVICE filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc, re Stipulation and Order78, was served upon Christopher Kim and Katherine M Ryan by mail on 11/15/05. (bg, ) (Entered: 11/16/2005) 11/16/ NOTICE of Entry of Order filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. (bg, ) (Entered: 11/18/2005) 11/16/ CERTIFICATE OF SERVICE filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc, re Notice of entry of Order [80]; served on 11/16/05. (mg, ) (Entered: 11/23/2005) 01/17/ STIPULATION AND ORDER by Judge Christina A. Snyder Defendants shall file and serve their reply papers to Lead Plaintiffs opposition by 2/17/06, and the hearing on the Defendants motion shall be set for 3/13/06, at 10:00 am unless otherwise agreed between the parties. The page limits set forth in the 7/28/05 stipulation and order shall continue to apply.(bg, ) (Entered: 01/18/2006) 02/17/ REQUEST FOR JUDICIAL NOTICE in support of Defendants Reply Brief in support re MOTION to Dismiss Case[56] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. (bg, ) (Entered: 02/23/2006) 02/17/ DECLARATION of Edward Han in support of Defendants Reply Brief in support re MOTION to Dismiss Case[56] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. (bg, ) (Entered: 02/23/2006) 02/17/ REPLY BRIEF IN SUPPORT of MOTION to Dismiss Case[56] filed by defendants Michael Fuchs, Jeffrey Schwartz, Hoshi Printer, Autobytel Inc. (bg, ) (Entered: 02/23/2006) 02/17/ CERTIFICATE OF SERVICE re Reply Brief in support of Motion to Dismiss [85]; Request for Judicial Notice [83]; Declaration of Edward Han in support of Defendants Reply Brief in support re MOTION to Dismiss [84], was served on 2/17/2006 filed by defendants Michael Fuchs, Jeffrey Schwartz, Autobytel Inc. (jp, ) (Entered: 02/24/2006) 03/09/ STIPULATION AND ORDER by Judge Christina A. Snyder that the hearing currently scheduled for 3/13/06 at 10:00 am be taken off calendar without prejudice to the MOTION to Dismiss Case[56] being re-noticed for hearing. (bg, ) Modified on 3/22/2006 (bg, ). (Entered: 03/17/2006) 08/02/ STIPULATION Regarding Settlement filed by Plaintiffs and Defendants. Lodged Proposed Order. (jp) (Entered: 08/16/2006) 08/02/ PROOF OF SERVICE filed by plaintiffs Scott Tanne, NJS Advisors Inc, re Stipulation Regarding Settlement [89]; Proposed Order regarding Preliminary Approval of Settlement, was served on 8/2/2006. (jp) (Entered: 08/16/2006) 08/03/2006 PLACED IN FILE - NOT USED re (PROPOSED) ORDER RE PRELIMINARY APPROVAL OF SETTLEMENT (shb, ) (Entered: 08/14/2006) 08/08/ REVISED ORDER RE PRELIMINARY APPROVAL OF SETTLEMETN by Judge Christina A. Snyder: Settlement Conference set for 10/30/ :00 AM before Judge Christina A. Snyder. (See document for further details)(yl, ) (Entered: 08/09/2006)

16 08/25/ Mail Returned addressed to Tamara S re 88 Order, Set Deadlines/Hearings (yl, ) (Entered: 09/05/2006) 08/25/ Mail Returned addressed to Richard M. re 88 Order, (yl, ) (Entered: 09/05/2006) 08/28/ APPLICATION for attorney Kay E Sickles to Appear Pro Hac Vice. FEE Paid. filed by plaintiff Gary Kutz. Lodged proposed order. (bg, ) (Entered: 08/30/2006) 08/29/ ORDER by Judge Christina A. Snyder, GRANTED APPLICATION for attorney Kay E Sickles to Appear Pro Hac Vice. FEE Paid.[91] (bg, ) (Entered: 08/30/2006) 10/23/ DECLARATION of Katherine M Ryan in support of Plaintiffs Motion for Approval of the Settlement, Plan of Allocation and the Motion for an Award of Attorneys fees and Reimbursement of Expenses filed by Consol Plaintiff Alex Mintz, Plaintiffs Scott Tanne, NJS Advisors Inc. (bg, ) (Entered: 11/06/2006) 10/23/ PROOF OF SERVICE filed by plaintiffs Alex Mintz, Scott Tanne, NJS Advisors Inc, re Declaration (non-motion), Declaration (non-motion)[95], Memorandum in support of Plaintiffs Motion for Approval, proposed Final Order and Judgment, Memorandum in support, proposed order was served upon John Reding, Esq by overnight Mail on 10/23/06. (bg, ) (Entered: 11/06/2006) 10/30/ MINUTES OF IN CHAMBERS ORDER held before Judge Christina A. Snyder : Hearing held and counsel are present. No oral argument heard. The Court signs the Final Order and Judgment, and the Order re Plan of Allocation and Attorney Fees and Expenses.Court Reporter: Laura Elias. (bg, ) (Entered: 11/06/2006) 10/30/ ORDER REGARDING PLAN OF ALLOCATIN AND ATTORNEYS FEES AND EXPENSES by Judge Christina A. Snyder, After considering papers filed in support of the application for attorneys fees and reimbursement of expenses, the Court awards Lead Counsel reimbursement of expenses in the aggregatge amount of $99, The Court also awards Lead Counsel attorneys fees in the total amount of $1,687,500. Lead counsel shall also receive the payment of interest on both the fee portion of the award and the expense portion of the award for the same time period and at the same rate as the earned on the Settlement Fund until paid.(bg, ) (Entered: 11/06/2006) 10/30/ FINAL ORDER AND JUDGMENT by Judge Christina A. Snyder, It is ORDERED The Court, for purposes of this Final Order and Judgment, adopts all defined terms as set forth in the Stipulaiton. Pursuant to Rule 23 of the FRCP, the Court approves the Settlement of the Action as set forth in the Stipulaiton, and approves each of the releases and other terms as fair, reasonable, and adequate, in all respects. The Court finds that the Settlement is in the best interest of the Parties and the Class, and further finds that the Settlement is the result of arms length negotiations between experienced counsel representing the interests of the Parties, as well as the Class. Accordingly, the Settlement embodied in the Stipulation is hereby approved in all respects. The Parties are directed to perform in accordance with the terms set forth in the Stipulation. Related to: Order, [98] (MD JS-6, Case Terminated).(bg, ) (Entered: 11/06/2006) 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

17 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