U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:04-cv WHP

Transcription

1 US District Court Civil Docket as of 10/27/2006 Retrieved from the court on Tuesday, November 21, 2006 CLOSED, ECF, LEAD U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:04-cv WHP In Re Yukos Oil Company Securities Litigation Assigned to: Judge William H. Pauley, III Related Cases: 1:04-cv WHP 1:04-cv WHP Cause: 15:78m(a) Securities Exchange Act Lead Plaintiff Mykola Buinyckyi Date Filed: 07/02/2004 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Robert M. Rothman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY Fax: (631) Samuel Howard Rudman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY Fax: David Avi Rosenfeld Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY

2 Fax: Lead Plaintiff Parsimony Ltd. represented by Brian Philip Murray Murray, Frank & Sailer, LLP 275 Madison Avenue, Ste. 801 New York, NY Fax: Robert M. Rothman Samuel Howard Rudman Thomas James Kennedy Murray, Frank & Sailer, LLP 275 Madison Avenue, Ste. 801 New York, NY (212) Fax: (212) Eric James Belfi Labaton Rudoff & Sucharow LLP 100 Park Avenue 12th Floor New York, NY (212) Fax: (212) TERMINATED: 08/08/2006 Plaintiff Roxwell Holdings Limited Individually and on behalf of all others similarly situated represented by David Avi Rosenfeld

3 Robert M. Rothman Samuel Howard Rudman V. Consolidated Plaintiff Rhoda Kraus Consolidated Plaintiff Curtis V. Reinan V. Yukos Oil Company represented by Jeffrey S. Jacobson Debevoise & Plimpton, LLP(NYC) 919 Third Avenue New York, NY Fax: Group Menatep Limited represented by Robert Allen Horowitz Greenberg Traurig, LLP (NYC) 200 Park Avenue New York, NY Fax:

4 Yukos Universal Limited Pricewaterhouse Cooper, LLP TERMINATED: 03/30/2005 Mikhail Khodorkovsky Platon Lebedev Bruce Misamore represented by Jeffrey S. Jacobson Vasily Shakhnovsky TERMINATED: 03/30/2005 Scott A. Ziegler Curtis & Co. TERMINATED: 03/30/2005 Date Filed # Docket Text 07/02/ COMPLAINT against Curtis & Co., Group Menatep Limited, Mikhail Khodorkovsky, Platon Lebedev, Bruce Misamore, Pricewaterhouse Cooper, LLP, Vasily Shakhnovsky, Yukos Oils Company, Yukos Universal Limited, Scott A. Ziegler. (Filing Fee $ , Receipt Number )Document filed by Roxwell Holdings Limited.(gf, ) Additional attachment(s) added on 7/8/2004 (gf, ). (Entered: 07/07/2004) 07/02/2004 SUMMONS ISSUED as to Curtis & Co., Group Menatep Limited, Mikhail Khodorkovsky, Platon Lebedev, Bruce Misamore, Pricewaterhouse Cooper, LLP, Vasily Shakhnovsky, Yukos Oils Company, Yukos Universal Limited, Scott A.

5 Ziegler. (gf, ) (Entered: 07/07/2004) 07/02/ RULE 7.1 DISCLOSURE STATEMENT. Document filed by Roxwell Holdings Limited.(gf, ) Additional attachment(s) added on 7/8/2004 (gf, ). (Entered: 07/07/2004) 07/02/2004 Magistrate Judge Ronald L. Ellis is so designated. (gf, ) (Entered: 07/07/2004) 07/02/2004 Case Designated ECF. (gf, ) (Entered: 07/07/2004) 07/27/ ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/1/ :45 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 7/26/04) (cd, ) (Entered: 07/28/2004) 08/26/ FIRST AMENDED COMPLAINT amending 1 Complaint, against Curtis & Co., Group Menatep Limited, Mikhail Khodorkovsky, Platon Lebedev, Bruce Misamore, Pricewaterhouse Cooper, LLP, Vasily Shakhnovsky, Yukos Oils Company, Yukos Universal Limited.Document filed by Roxwell Holdings Limited. Related document: 1 Complaint, filed by Roxwell Holdings Limited.(Rosenfeld, David) (Entered: 08/26/2004) 09/07/ MOTION to Appoint Mykola Buinyckyi and Roxwell Holdings Limited to serve as lead plaintiff(s). Document filed by Mykola Buinyckyi, Roxwell Holdings Limited. (Attachments: # 1 Text of Proposed Order)(Rosenfeld, David) (Entered: 09/07/2004) 09/07/ DECLARATION of David A. Rosenfeld in Support re: 5 MOTION to Appoint Mykola Buinyckyi and Roxwell Holdings Limited to serve as lead plaintiff(s).. Document filed by Mykola Buinyckyi, Roxwell Holdings Limited. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Rosenfeld, David) (Entered: 09/07/2004) 09/07/ MEMORANDUM OF LAW in Support re: 5 MOTION to Appoint Mykola Buinyckyi and Roxwell Holdings Limited to serve as lead plaintiff(s).. Document filed by Mykola Buinyckyi, Roxwell Holdings Limited. (Rosenfeld, David) (Entered: 09/07/2004) 09/07/ CERTIFICATE OF SERVICE of Motion for Appointment as Lead Plaintiff served on Service List on 9/7/04. Service was made by mail. Document filed by Mykola Buinyckyi, Roxwell Holdings Limited. (Rosenfeld, David) (Entered: 09/07/2004) 09/07/ MOTION to Appoint Parsimony Ltd. to serve as lead plaintiff(s). Document filed by Parsimony Ltd.. (Attachments: # 1 Text of Proposed Order)(Belfi, Eric) (Entered: 09/07/2004) 09/07/ MEMORANDUM OF LAW in Support re: 9 MOTION to Appoint Parsimony Ltd. to serve as lead plaintiff(s).. Document filed by Parsimony Ltd.. (Belfi, Eric) (Entered: 09/07/2004) 09/07/ DECLARATION of Brian P. Murray in Support re: 9 MOTION to Appoint Parsimony Ltd. to serve as lead plaintiff(s).. Document filed by Parsimony Ltd.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Belfi, Eric) (Entered: 09/07/2004)

6 09/09/ ENDORSED LETTER addressed to Judge Pauley from Mario Alba Jr. dated 9/7/04; granting Mr. Alba's request for leave to file motion for appointment as lead plntfs later today. (Signed by Judge William H. Pauley III on 9/7/04) (cd, ) (Entered: 09/13/2004) 09/29/ RESPONSE in Support re: 5 MOTION to Appoint Mykola Buinyckyi and Roxwell Holdings Limited to serve as lead plaintiff(s)., 9 MOTION to Appoint Parsimony Ltd. to serve as lead plaintiff(s). Stipulation and [Proposed] Order. Document filed by Mykola Buinyckyi, Parsimony Ltd., Roxwell Holdings Limited. (Alba, Mario) (Entered: 09/29/2004) 10/01/ STIPULATION AND ORDER, that the time to respond to the complaint is extended to 75 days after the later of (i) the appointment of lead plntfs and (ii) the filing of a consolidated amended complaint. (Signed by Judge William H. Pauley III on 10/1/04) (cd, ) (Entered: 10/04/2004) 11/04/ STIPULATION AND ORDER that Buinyckyi and Roxwell Holdings shall be appointed lead plaintiffs for the purchasers of Yukos common stock and American Depository Receipts pursuant to section 21D(a)(3)(B) of the Exchange Act Parsimony Ltd. shall be appointed lead plaintiff of the sub-class of bond purchasers pursuant to section 21D(a)(3)(B) of the Exchange Act; proposed lead plaintiffs' choice of the law firm of Lerach Coughlin Stoia Geller Rudman & Robbins as lead counsel for the purchasers of Yukos common stock and American Depository Receipts and the Law firm of Murray Frank & Sailer as lead counse for the sub class of Yukos bond purchasers shall be approved pursuant to section 21D(a)(3)(B)(v) fo the Exchange Act; each of the related actions shall be consolidated for all purposes; this order shall apply to the consolidated action and to each case that relates to the same subject matter that is subsequently filed in this court or is transferred to this court and is consolidated with the consolidated action; every pleading filed in this action shall have the following caption: In re Yukos Oil Company securities litigation (case no. 04cv5243) (Signed by Judge William H. Pauley III on 11/1/04) (dle, ) (Entered: 11/04/2004) 02/08/ ORDER. This Court will conduct a conference in all actions consolidated under the caption 04cv5243 on 2/25/05 at 4:15 p.m. Plaintiffs' lead counsel is directed to serve a copy of this Order upon all parties (Signed by Judge William H. Pauley III on 2/8/05) (yv, ) (Entered: 02/09/2005) 02/18/ SUGGESTION OF BANKRUPTCY Upon the Record Yukos Oil Company's Suggestion of Bankruptcy. Document filed by Yukos Oils Company(Jacobson, Jeffrey) (Entered: 02/18/2005) 03/01/ SCHEDULING ORDER: Motions to dismiss the consolidated Amended Complaint due by 4/22/2005. Responses due by 6/3/2005 Replies due by 6/13/2005. (Signed by Judge William H. Pauley III on 2/28/05) (pl, ) (Entered: 03/04/2005) 03/01/ ORDER; Lead Counsel for plaintiffs to serve letter to this court detailing their efforts to serve the foreign dfts by 3/7/05; plaintiff shall serve and file a consolidated amended complaint by 3/9/05; conference scheduled for p.m.; Lead Counsel for plaintiffs to serve copy of this letter on all parties. (Signed by Judge William H. Pauley III on 2/25/05) (pl, ) (Entered: 03/04/2005) 03/01/2005 Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 3/9/2005. (pl, )

7 (Entered: 03/04/2005) 03/09/ AMENDED COMPLAINT amending 1 Complaint, against Platon Lebedev, Bruce Misamore, Vasily Shakhnovsky, Scott A. Ziegler, Curtis & Co., Yukos Oils Company, Group Menatep Limited, Yukos Universal Limited, Pricewaterhouse Cooper, LLP, Mikhail Khodorkovsky.Document filed by Roxwell Holdings Limited, Mykola Buinyckyi, Parsimony Ltd. Related document: 1 Complaint, filed by Roxwell Holdings Limited,. Received in night deposit box on 3/9/05 at 7:40 p.m.(yv, ) (Entered: 03/16/2005) 03/09/2005 Set Answer Due Date purs. to 20 Amended Complaint, as to Platon Lebedev answer due on 3/23/2005; Bruce Misamore answer due on 3/23/2005; Vasily Shakhnovsky answer due on 3/23/2005; Scott A. Ziegler answer due on 3/23/2005; Curtis & Co. answer due on 3/23/2005; Yukos Oils Company answer due on 3/23/2005; Group Menatep Limited answer due on 3/23/2005; Yukos Universal Limited answer due on 3/23/2005; Pricewaterhouse Cooper, LLP answer due on 3/23/2005; Mikhail Khodorkovsky answer due on 3/23/2005. (yv, ) (Entered: 03/16/2005) 03/30/ NOTICE of Voluntary Dismissal, WHEREAS between July and August 2004, two other cases were filed based upon the same alleged facts and circumstances as the Roxweel case, which case was captioned as follows: Kraus v. Yukos Oil Company et al., Docket No. 1:04-cv-5425-WHP (the "kraus"); and Reinan v. Yukos Oil Company et al., Docket No. 1:04-cv6112-WHP (the "Kraus case"); WHEREAS, on November 4, 2004, the Honorable William H. Pauley, United States District Judge, entered an Order Consolidating the Actions, Appointing Lead Plaintiffs and Approving Selection of Lead Counsel (the "Consolidation Order") pursuant to which the Roxwell case, the Kraus case, and the Reinan case were consolidated for all purposes, and which established a master docket and file under the caption in re Yukos Oil Company Securities Litigation, Docket No. 1:04-cv-5243 (WHP) (the "Consolidated Action"); WHEREAS, on March 9, 2005, Lead Plaintiffs filed a Consolidated Amended Class Action Complaint with this Court; WHEREAS, the Consolidated Amended Class Action Complaint does not assert a cause of action against Shaknovsky, Curtis & Co. PwC, and PwC International; NOW, THEREFORE, to the extent that Shaknovsky, Curtis & Co., PwC, and PwC International were defendants in the Consolidated Actions, any claims against Shaknovsky, Curtis & Co., PwC and PwC International are hereby dismissed without prejudice, pursuant to Fed. R. Civ. P. 41(a)(1). (Signed by Judge William H. Pauley III on 3/30/05) (dt, ) (Entered: 04/04/2005) 04/07/ TRANSCRIPT of proceedings held on 2/25/05 before Judge William H. Pauley III. (lma, ) (Entered: 04/07/2005) 04/13/ SCHEDULING ORDER: Motion to dismiss due by 6/3/2005. Responses due by 7/22/2005 Replies due by 8/5/2005. Oral Argument set for 8/23/ :15 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 4/13/05) (djc, ) (Entered: 04/15/2005) 06/02/ ORDER that defts Yukos memo of law in support of their joint motion to dismiss shall not exceed 40 pages; plntfs' opposition memo of alw shall not exceed 50 pages; defts Yukos joint reply memo of law shall not exceed 15 pages; all parties shall file paper copies of exhibits to their memo with the Clerk of the Court and

8 need not file such exhibits using the ECF system, provided that the parties shall provide the Court with courtesy copies of their memo and exhibits. (Signed by Judge William H. Pauley III on 6/1/05) (cd, ) (Entered: 06/03/2005) 06/03/ MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6). Document filed by Bruce Misamore, Yukos Oils Company. Responses due by 7/22/2005 Return Date set for 8/23/ :15 PM. (Jacobson, Jeffrey) (Entered: 06/03/2005) 06/03/ DECLARATION of Yulia Andreeva in Support re: 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6).. Document filed by Bruce Misamore, Yukos Oils Company. (Jacobson, Jeffrey) (Entered: 06/03/2005) 06/03/ MEMORANDUM OF LAW in Support re: 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6).. Document filed by Bruce Misamore, Yukos Oils Company. (Jacobson, Jeffrey) (Entered: 06/03/2005) 06/03/ RULE 7.1 DISCLOSURE STATEMENT. Document filed by Yukos Oils Company.(Jacobson, Jeffrey) (Entered: 06/03/2005) 06/03/ MOTION to Dismiss. Document filed by Group Menatep Limited. Responses due by 7/22/2005 Return Date set for 8/23/ :15 PM. (Horowitz, Robert) (Entered: 06/03/2005) 06/03/ MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss.. Document filed by Group Menatep Limited. (Horowitz, Robert) (Entered: 06/03/2005) 06/03/ AFFIDAVIT of Robert A. Horowitz in Support re: 29 MOTION to Dismiss.. Document filed by Group Menatep Limited. (Horowitz, Robert) (Entered: 06/03/2005) 06/03/ ORDER. By letter dated 5/24/05, plaintiffs request that this Court adjourn the oral argument on defendants' motion to dismiss. Plaintiffs' application is granted. The oral argument is adjourned to 9/19/2005 at 11:00 AM (signed by Judge William H. Pauley III on 6/3/05) (yv, ) (Entered: 06/06/2005) 06/03/ DECLARATION of Robert A. Horowitz. Document filed by Group Menatep Limited. (jmi, ) (Entered: 06/07/2005) 06/06/ DECLARATION of Jeffrey S. Jacobson re Exhibits in Support re: 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6).. Document filed by Bruce Misamore, Yukos Oils Company. (Jacobson, Jeffrey) (Entered: 06/06/2005) 07/22/ SCHEDULING ORDER: Responses due by 8/1/2005 Replies due by 8/26/2005. Oral Argument set for 9/19/ :00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 7/22/05) (pl, ) Additional attachment(s) added on 7/25/2005 (pl, ). (Entered: 07/25/2005) 08/02/ MEMORANDUM OF LAW in Opposition re: 29 MOTION to Dismiss., 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6).. Document filed by Roxwell Holdings

9 Limited, Mykola Buinyckyi, Parsimony Ltd.. (Alba, Mario) (Entered: 08/02/2005) 08/02/ DECLARATION of Lawrence D. McCabe in Opposition re: 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6)., 29 MOTION to Dismiss.. Document filed by Roxwell Holdings Limited, Mykola Buinyckyi, Parsimony Ltd.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Alba, Mario) (Entered: 08/02/2005) 08/02/ DECLARATION of Luca Padulli in Opposition re: 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6)., 29 MOTION to Dismiss.. Document filed by Roxwell Holdings Limited, Mykola Buinyckyi, Parsimony Ltd.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Alba, Mario) (Entered: 08/02/2005) 08/26/ REPLY AFFIDAVIT of Yulia Andreeva in Support re: 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6).. Document filed by Bruce Misamore, Yukos Oil Company. (Attachments: # 1 Exhibit Part 2# 2 Exhibit Part 3# 3 Exhibit Part 4)(Jacobson, Jeffrey) (Entered: 08/26/2005) 08/26/ REPLY MEMORANDUM OF LAW in Support re: 25 MOTION to Dismiss the complaint under the Private Securities Litigation Reform Act and FRCP 9 (b), 12(b)(1) and 12(b)(6).. Document filed by Bruce Misamore, Yukos Oil Company. (Jacobson, Jeffrey) (Entered: 08/26/2005) 08/26/ REPLY MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss.. Document filed by Group Menatep Limited. (Horowitz, Robert) (Entered: 08/26/2005) 10/07/ TRANSCRIPT of proceedings held on 9/19/2005 before Judge William H. Pauley III. (jar, ) (Entered: 10/07/2005) 10/27/ TRANSCRIPT of proceedings held on 9/19/05 before Judge William H. Pauley III. (lma, ) (Entered: 10/27/2005) 10/27/ CORRECTED TRANSCRIPT of proceedings held on 9/19/05 before Judge William H. Pauley III. (lma, ) (Entered: 10/27/2005) 12/20/ NOTICE OF CHANGE OF ADDRESS by David Avi Rosenfeld on behalf of Roxwell Holdings Limited. New Address: Lerach Coughlin Stoia Geller Rudman & Robbins LLP, 58 South Service Road, Suite 200, Melville, New York, U.S , 631/ (Rosenfeld, David) (Entered: 12/20/2005) 03/30/ MEMORANDUM AND ORDER; granting in part and denying in part 25 Motion to Dismiss; granting 29 Motion to Dismiss in the manner that is set forth in this Order. (Signed by Judge William H. Pauley III on 3/30/06) (pl, ) (Entered: 03/30/2006) 04/03/ MOTION for Reconsideration re; 46 Order on Motion to Dismiss,. Document filed by Yukos Oil Company. (Attachments: # 1 Exhibit Decision Dated 3/30/06)(Jacobson, Jeffrey) (Entered: 04/03/2006)

10 04/03/ MEMORANDUM OF LAW in Support re: 47 MOTION for Reconsideration re; 46 Order on Motion to Dismiss,.. Document filed by Yukos Oil Company. (Jacobson, Jeffrey) (Entered: 04/03/2006) 04/17/ ENDORSED LETTER addressed to Judge William H. Pauley from Robert M. Rothman dated 4/13/2006 re: to we have conferred with counsel for Yukos and respectfully request that Plaintiffs have until April 28,2006 to file their opposition papers and Yukos have unitl May 10, 2006 to file its reply. The parties have not made any previous requests for an adjourment or an extension of time. Responses due by 4/28/2006 Replies due by 5/10/2006. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley III on 4/14/2006) (jmi, ) (Entered: 04/18/2006) 04/28/ MEMORANDUM OF LAW in Opposition re: 47 MOTION for Reconsideration re; 46 Order on Motion to Dismiss,.. Document filed by Roxwell Holdings Limited, Mykola Buinyckyi, Parsimony Ltd.. (Rothman, Robert) (Entered: 04/28/2006) 05/01/ REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Reconsideration re; 46 Order on Motion to Dismiss,.. Document filed by Platon Lebedev, Bruce Misamore, Scott A. Ziegler, Yukos Oil Company, Group Menatep Limited, Yukos Universal Limited, Mikhail Khodorkovsky. (Jacobson, Jeffrey) (Entered: 05/01/2006) 05/01/ REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Reconsideration re; 46 Order on Motion to Dismiss,. (CORRECTED). Document filed by Yukos Oil Company. (Jacobson, Jeffrey) (Entered: 05/01/2006) 07/31/ CONSENT MOTION to Substitute Attorney. Old Attorney: Eric James Belfi, New Attorney: Brian P. Murray & Thomas J. Kennedy. Document filed by Parsimony Ltd.. (Kennedy, Thomas) (Entered: 07/31/2006) 08/08/ ORDER granting 53 Motion to Substitute Attorney. Brian P. Murray and Thomas J. Kennedy of Murray, Frank & Sailer LLP shall be substituted as attorneys of record for plaintiff Parsimony Limited. (Signed by Judge William H. Pauley III on 8/8/06) (cd, ) (Entered: 08/08/2006) 08/08/ ORDER: Having shown good cause, the consent motion for substitution of counsel is GRANTED and is hereby ordered that: Brian P. Murray and Thomas J. Kennedy of the law firm of Murray and Thomas J. Kennedy of the law firm of Murray, Frank & Sailer LLP shall be substituted for Eric J. Belfi as attorneys of record for plaintiff Parsimony limited in the above referenced matter. (Signed by Judge William H. Pauley III on 8/7/06) (js, ) (Entered: 08/08/2006) 10/25/ AMENDED MEMORANDUM AND ORDER; that dfts' motions to dismiss and Yukos' motion for reconsideration are granted. This Court's 3/30/06 Memorandum and Order is vacated. The claims of Plaintiffs Roxwell Holdings Limited and Parsimony Ltd. Are dismissed for lack of subject matter jurisdiction without leave to replead. Plaintiff Mykola Buinyeki's claims against dfts Yukos Oil Co., Bruce K. Misamore and Group Menatep Ltd. are dismissed with leave to replead. The Clerk of Court is directed to mark this case closed. (Signed by Judge William H. Pauley III on 10/25/06) (pl, ) (Entered: 10/25/2006) 10/25/2006 Transmission to Judgments and Orders Clerk. Transmitted re: 56 Order,,, to the

11 Judgments and Orders Clerk. (pl, ) (Entered: 10/25/2006) 10/27/ CLERK'S JUDGMENT That for the reasons stated in the Court's Amended Memorandum and Order dated October 25, 2006, defendants? motions to dismiss and Yukos? motion for reconsideration are granted; this Court?s March 30, 2006 Memorandum and Order is vacated; the claims of plaintiffs Roxwell Holdings Limited and Parsimony Ltd. are dismissed for lack of subject matter jurisdiction without leave to replead; and plaintiff Mykola Buinycki?s claims against defendants Yukos Oil Company, Bruce K. Misamore and Group Menatep Limited are dismissed with leave to replead; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 10/27/06) (Attachments: # 1 notice of right to appeal)(ml, ) (Entered: 10/27/2006) 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 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