U.S. District Court Eastern District of California (Sacramento) CIVIL DOCKET FOR CASE #: 2:00-cv MLS-DAD

Transcription

1 US District Court Civil Docket as of 08/08/2002 Retrieved from the court on Monday, August 08, 2005 U.S. District Court Eastern District of California (Sacramento) CIVIL DOCKET FOR CASE #: 2:00-cv MLS-DAD Zinno v. Vantagemed Corp, et al Assigned to: Senior Judge Milton L Schwartz Referred to: Magistrate Judge Dale A. Drozd Demand: $0 Lead case: 2:00-cv MLS-DAD Member cases: 2:00-cv MLS-DAD 2:00-cv MLS-DAD 2:00-cv MLS-DAD 2:00-cv MLS-DAD 2:01-cv MLS-DAD Related Cases: 2:00-cv MLS-DAD 2:00-cv MLS-DAD 2:00-cv MLS-DAD Cause: 15:77 Securities Fraud Plaintiff John Zinno Date Filed: 03/13/2000 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by David Kessler Schiffrin and Barroway LLP Three Bala Plaza East Suite 400 Bala Cynwyd, PA Randi Dawn Bandman Milberg Weiss Bershad Hynes and Lerach 100 Pine Street Suite 2600 San Francisco, CA William S Lerach Lerach Coughlin Stoia Geller Rudman and Robbins LLP 401 B Street Suite 1700 San Diego, CA 92101

2 Fax: V. Defendant Vantagemed Corporation represented by Mark H Hamer Gray Cary Ware and Freidenrich 4365 Executive Drive Suite 1100 San Diego, CA Fax: Shirli Fabbri Weiss Gray Cary Ware and Freidenrich 4365 Executive Drive Suite 1100 San Diego, CA Fax: Defendant L Seiler represented by Mark H Hamer (See above for address) Shirli Fabbri Weiss (See above for address) Defendant Joel M Harris represented by Mark H Hamer (See above for address) Shirli Fabbri Weiss

3 (See above for address) Defendant Thomas A McCreery represented by Kim Elaine Levy Gray Cary Ware and Freidenrich 1755 Embarcadero Road Palo Alto, CA Fax: Mark H Hamer (See above for address) Shirli Fabbri Weiss (See above for address) Defendant J C Bradford and Co represented by Charles Joseph Stevens Stevens and O'Connell 400 Capitol Mall Suite 1400 Sacramento, CA Fax: cjs@stevensandoconnell.com Gregory Horowitz Kramer Levin Naftalis and Frankel 919 Third Avenue New York, NY Fax: Defendant Advest Inc represented by Charles Joseph Stevens

4 (See above for address) Gregory Horowitz (See above for address) Defendant Arthur Andersen represented by Peter Wheaton Devereaux Latham and Watkins 633 West Fifth Street Suite 400 Los Angeles, CA Date Filed # Docket Text 03/13/ COMPLAINT for violation of the securities act of 1933; jury demand, fee status paid, receipt # 1098, assigned to Senior Judge Milton L. Schwartz referred to Magistrate Judge Dale A. Drozd (old) (Entered: 03/14/2000) 03/14/ ORDER setting scheduling conference for 9:00 5/12/00 before Senior Judge Milton L. Schwartz (old) (Entered: 03/14/2000) 03/20/ NOTICE of hearing scheduling conference Reset for 9:00 6/23/00 ( cc: ) (kdc) (Entered: 03/21/2000) 03/20/ NOTICE by plaintiff John Zinno of related case(s) 2:00-cv-596; 2:00-cv-553 (kdc) (Entered: 03/21/2000) 03/21/ NOTICE by plaintiff John Zinno of related case(s) CIV S GEB JFM and CIV S WBS JFM (old) (Entered: 03/22/2000) 03/31/ ORDER by Senior Judge Milton L. Schwartz ORDERING relating case(s) 2:00-cv- 523 with member cases 2:00-cv-553 (cc: all counsel) (kdc) (Entered: 03/31/2000) 03/31/ ORDER by Senior Judge Milton L. Schwartz ORDERING relating case(s) 2:00-cv- 523 with member cases 2:00-cv-582 (cc: all counsel) (kdc) (Entered: 03/31/2000) 03/31/ RELATED CASE ORDER by Senior Judge Milton L. Schwartz ORDERING relating case(s) 2:00-cv-523 with member cases 2:00-cv-596 (cc: all counsel) (kdc) (Entered: 03/31/2000) 04/05/ NOTICE by plaintiff John Zinno in 2:00-cv regarding order setting status conference (old) (Entered: 04/06/2000)

5 04/11/2000 LODGED: Stipulation to consolidate related cases (old) (Entered: 04/12/2000) 04/14/ NOTICE: This will confirm that the court has reviewed the proposed stipulation and order lodged on 4/11/00 but defers approval until after the presently set status conference of 6/23/00 (old) (Entered: 04/17/2000) 04/21/ NOTICE by plaintiff John Zinno in 2:00-cv regarding order setting status conference (old) (Entered: 04/24/2000) 04/25/ RETURN OF SERVICE executed upon defendant Vantagemed Corp in 2:00-cv , defendant L Seiler in 2:00-cv-00523, defendant Joel M Harris in 2:00-cv , defendant Thomas A McCreery in 2:00-cv-00523, defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv on 3/15/00, 3/19/00, 3/15/00, 3/15/00, 3/16/00, 3/16/00 respectively (old) (Entered: 04/26/2000) 05/05/2000 LODGED Stipulation re extension of time to respond to complaint by pla John Zinno and dfts Vantagemed Corp L Seiler, Joel M, Thomas A McCreery, J C Bradford and Co, Advest Inc in 2:00-cv-00523, pla Todd Augenbaum and dfts Med Corp, James L Seiler, Joel M Harris, Thomas A McCreery, Larry W LeGate, Gregory F Vap, Peter Friedli, John R Stevens, W Pendleton in 2:00-cv-00553, pla Steinberg Family and dfts Vantagemed Corp, James L Seiler Joel M Harris, Thomas A McCreery, J C Bradford and Co, Advest Inc 2:00-cv-0582, plas' Rose Sterngas, Rubin Sterngas, dfts Vantagemed Corp, James L Seiler, Joel M Harris, Thomas McCreery, J C Bradford and Co, Advest Inc in 2:00-cv (pb) (Entered: 05/08/2000) 05/09/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz ORDERED that extension of time to answer for dfts Vantagemed Corp, L Seiler Joel M Harris, Thomas A McCreery J C Bradford and Co, Advest Inc in 2:00-cv shall be in accordance with the schedule ordered by the court at Status Conference on 6/23/00 (cc: all counsel) (ndd) (Entered: 05/09/2000) 05/12/ NOTICE OF MOTION AND MOTION to consolidate case and to for preservation of documents by plaintiff John Zinno in 2:00-cv ; and mem sup; motion TO BE HEARD by Senior Judge Milton Schwartz ; Motion Hearing Set For 6/16/00 9:00 (old) (Entered: 05/15/2000) 05/12/ NOTICE OF MOTION AND MOTION to be appointed lead pltf pursuant to Securities Act of 1933 and to approve lead pltf's choice of counsel by plaintiff John Zinno in 2:00-cv ; and mem sup; motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For 6/16/00 9:00 (old) (Entered: 05/15/2000) 05/12/ DECLARATION of Randi D. Bandman in support of motion for consolidation and for preservation of documents and motion to be appointed lead counsel [15-1], [14-1] (old) (Entered: 05/15/2000) 05/12/2000 LODGED proposed order granting the Vantagemed lead pltf group's motion to be appointed lead pltf by plaintiff John Zinno in 2:00-cv (old) (Entered: 05/15/2000) 05/12/2000 LODGED proposed order granting the Vantagemed lead pltf group's motion for

6 consolidation and for preservation of documents by plaintiff John Zinno in 2:00-cv (old) (Entered: 05/15/2000) 05/17/ NOTICEof entry of order by dfts Vantagemed Corp, James L Seiler, Joel M Harris, Thomas A McCreery (ljr) (Entered: 05/18/2000) 05/22/ APPLICATION by dfts J C Bradford and Co and Advest Inc in 2:00-cv-00523, 2:00-cv-00582, 2:00-cv for admission pro hac vice of Gregory Horowitz (hk) (Entered: 05/23/2000) 05/22/2000 LODGED proposed order re pro hac vice application for Gregory Horowitz (hk) (Entered: 05/23/2000) 05/30/ STATEMENT by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery of non-opposition in support of motion for consolidation and for preservation of documents [15-1], [14-1] (ljr) (Entered: 05/31/2000) 05/30/ STATEMENT by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery of non-opposition in support of motion to be appointed lead pltf [15-1] (ljr) (Entered: 05/31/2000) 05/30/ PROOF OF SERVICE by defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv of non-opposition (ljr) (Entered: 05/31/2000) 05/30/ PROOF OF SERVICE by defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv of non-opposition (ljr) (Entered: 05/31/2000) 06/05/ NOTICE: motion to be appointed lead pltf pursuant to Securities Act of 1933 and to approve lead pltf's choice of counsel by plaintiff John Zinno [15-1] and motion to consolidate case and to for preservation of documents by plaintiff John Zinno in 2:00-cv [14-1] hearing set for 9:00 7/21/00 in 2:00-cv-00523, in 2:00-cv , in 2:00-cv-00582, in 2:00-cv ; status conference of 6/23/00 will proceed as scheduled (ndd) Modified on 06/06/2000 (Entered: 06/06/2000) 06/08/ ORDER by Senior Judge Milton L. Schwartz ORDERING Pro Hac Vice for attorney George Horowitz GRANTED in 2:00-cv-00523, 2:00-cv-00582, 2:00-cv attorney Gregory Horowitz allowed to appear pro hac vice for defendant J C Bradford Advest Inc (cc: all counsel) (kdc) (Entered: 06/08/2000) 06/09/ RESPONSE by pltfs' to statement of non-opposition [20-1] by dfts' re: the Vantagemed lead plaintiff group's motion to be appointed lead plaintiff and to approve lead pltf's choice of counsel (ar) (Entered: 06/12/2000) 06/09/ DECLARATION of Randi D Bandman in support of pltfs' response [25-1] to statement of non-opposition by dfts re: the Vantagemed lead pltf group's motion to be appointed lead pltf and to approve lead pltf's choice of counsel (ar) (Entered: 06/12/2000) 06/16/ STATUS REPORT by defendants J C Bradford and Co, Advest Inc (ljr) (Entered: 06/16/2000) 06/16/ STATUS REPORT by plaintiff John Zinno (ljr) (Entered: 06/19/2000)

7 06/16/ STATUS REPORT by dfts Vantagemed Corp, Joel M Harris, Thomas A McCreery, L Seiler, Greg Vap, Peter Friedli, Richard Pendleton and Larry LeGate (ljr) (Entered: 06/19/2000) 06/20/ MAIL returned in 2:00-cv-00523, [23-1], in 2:00-cv-00553, [8-1] in 2:00-cv , [10-1] in 2:00-cv-00596, [12-1] in 2:00-cv addressed to plaintiff John Zinno in 2:00-cv (ljr) (Entered: 06/20/2000) 06/22/ NOTICE by plaintiff John Zinno written consent of pro hac vice designee Randi D Bandman as to David Kessler [31-1] (ljr) (Entered: 06/23/2000) 06/22/ APPLICATION by plaintiff John Zinno to appear as counsel pro hac vice as to David Kessler (ljr) (Entered: 06/23/2000) 06/23/ ORDER by Senior Judge Milton L. Schwartz ORDERING attorney David Kessler allowed to appear pro hac vice for plaintiff John Zinno in 2:00-cv (cc: all counsel) (ljr) (Entered: 06/23/2000) 06/23/ MINUTES of status conf before Senior Judge Milton L. Schwartz status conf held on 6/23/00 ; clerk of the court ORDERED to reassign CIV S from MJ JFM to DAD and make appropriate assignments credits and parties instructed to note change; parties suggest that court consider taking 7/21/00 motions under submission w/o hearing [15-1], [14-1]; court shall consider this action (ljr) (Entered: 06/26/2000) 07/13/ ORDER by Senior Judge Milton L. Schwartz motion to consolidate case and to for preservation of documents by plaintiff John Zinno [14-1] GRANTED; the Zinno case 00cv523 is hereby designated as the LEAD CASE; the clerk is directed to administratively close each of the other consolidated cases; pltf or pltfs in Zinno are directed to file and serve within 45 days of the date of this order an amended pleading denominated "Consolidated Complaint"; dfts now named in the original five complaints are not required to respond thereto; all parties are directed to file henceforth all future pleadings and other papers only in the lead file (cc: all counsel) (ljr) (Entered: 07/13/2000) 07/14/ ORDER by Senior Judge Milton L. Schwartz ORDERING motion to be appointed lead pltf pursuant to Securities Act of 1933 and to approve lead pltf's choice of counsel by plaintiff John Zinno [15-1] GRANTED (cc: all counsel) (ljr) (Entered: 07/14/2000) 07/19/ NOTICE of entry of order by plaintiff John Zinno regarding consolidation of cases and Exhibit's "A" and "B" (old) (Entered: 07/20/2000) 08/25/ AMENDED CONSOLIDATED COMPLAINT [1-1] by plaintiffs John Zinno, et al; jury demand (old) (Entered: 08/28/2000) 09/11/2000 LODGED stipulation to set briefing schedule (old) (Entered: 09/12/2000) 09/12/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz ORDERING that dfts shall respond to the consolidated amended complaint by 10/13/00; stipulations re timely filings of motions also included in the order (cc: all counsel) (hk) (Entered: 09/13/2000) 10/13/ MOTION to dismiss amended consolidated complaint by defendant in 2:00-cv-

8 00523 (old) (Entered: 10/16/2000) 10/13/ MEMORANDUM OF POINTS AND AUTHORITIES by defendant Vantagemed Corp in 2:00-cv-00523, defendant L Seiler in 2:00-cv-00523, defendant Joel M Harris in 2:00-cv-00523, defendant Thomas A McCreery in support of motion to dismiss amended consolidated complaint (old) (Entered: 10/16/2000) 10/13/ NOTICE by defendants of lodging of exhibits in support of Vantagemed dfts motion to dismiss amended consolidated complaint (old) (Entered: 10/16/2000) 10/13/ PROOF OF SERVICE by defendant in 2:00-cv of [42-1], [41-1], [40-1] (old) (Entered: 10/16/2000) 10/13/ NOTICE OF MOTION AND MOTION to dismiss consolidated amended complaint by defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For 1/19/01 9:00 (old) (Entered: 10/16/2000) 10/13/ MEMORANDUM OF POINTS AND AUTHORITIES by defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv in support of underwriter dfts' motion to dismiss [44-1] (old) (Entered: 10/16/2000) 10/13/ DECLARATION of Gregory A. Horowitz in support of underwriter dfts' motion to dismiss amended consolidated complaint [44-1] (old) (Entered: 10/16/2000) 10/13/ PROOF OF SERVICE by defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv of [46-1], [45-1], [44-1] (old) (Entered: 10/16/2000) 10/25/ LETTER to court from counsel for defendant Vantagemed Corp requesting the court consider the extended page limits of their memorandum re: motion to dismiss [40-1] (old) (Entered: 10/26/2000) 10/25/2000 LODGED Stipulation to extend page limits and proposed order thereon (old) (Entered: 10/26/2000) 10/25/ APPENDIX by dfts Vantagemed Corp, L Seiler, Joel M Harris of unpublished authorities cited in dft's Memorandum of Points and Authorities in support of motion to dismiss [41-1] (old) (Entered: 10/26/2000) 11/03/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz ORDERED that page limits for opening memoranda, opposition memoranda and reply memoranda for motions to dismiss by the VantageMed dfts and the Underwriter dft be permitted as follows: opening memoranda by the Vantage Med dfts and the Underwriter dfts shall have page limits up to 40 pages, plt's opposition memoranda shall have page limits up to 40 pages; dfts' reply memoranda shall have page limits up to 20 pages (cc: all counsel) (ndd) (Entered: 11/06/2000) 11/13/ NOTICE of entry of order by plaintiff John Zinno (hk) (Entered: 11/14/2000) 11/17/2000 LODGED stipulation and proposed order re briefing schedule by plaintiff in 2:00- cv (as) (Entered: 11/20/2000) 11/20/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz ordering that pltfs' oppositions are due by 12/5/00; dfts' replies are due by 1/5/01; the hearing

9 date shall remain 1/19/01 (cc: all counsel) (as) (Entered: 11/20/2000) 11/27/ NOTICE of entry of stipulation and order by plaintiff in 2:00-cv (as) (Entered: 11/28/2000) 12/05/ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSTION by plaintiff to motion to dismiss amended consolidated complaint by defendants [40-1] (as) (Entered: 12/06/2000) 12/05/ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by plaintiff to motion to dismiss consolidated amended complaint by defendant J C Bradford Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv [44-1] (as) (Entered: 12/06/2000) 12/05/ DECLARATION of Michael R Reese in support of pltf's opposition to Vantagemed's motion to dimiss amended consolidated complaint [55-1] and to motion to dismiss by dfts Underwriter [54-1] (as) (Entered: 12/06/2000) 01/02/ LETTER to court from atty Gregory A Horowitz w/kramer Levin Naftalis & Frankel on behalf of dft JC Bradford & Advest Inc request permission to file a reply memorandum in support of motion to dismiss [40-1] (ljr) (Entered: 01/03/2001) 01/02/2001 LODGED Stipulation and Order re Schedule for Underwriter dfts' reply brief by defendant Advest Inc in 2:00-cv (ndd) (Entered: 01/03/2001) 01/04/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz ORDERED that the Underwriter dft's reply brief may be filed on 1/12/01 (cc: all counsel) (ndd) (Entered: 01/04/2001) 01/05/ Vantagemed dfts' REPLY Memorandum of points and authorities in 2:00-cv in support of motion to dismiss consolidated amended complaint [44-1] [40-1] (ndd) (Entered: 01/08/2001) 01/08/ DECLARATION of Kim Elaine Levy in support of dfts' Reply Memorandum of points and authorities in support of motion to dismiss amended consolidated complaint [59-1] (ndd) (Entered: 01/09/2001) 01/10/ NOTICE: from C Lydon motion to dismiss consolidated amended complaint by defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv [44-1] [40-1] HEARING RESET FOR 9:30 1/19/01 (ndd) (Entered: 01/10/2001) 01/10/ DECLARATION of Kim Elaine Levy in support of the Vantagemed's Reply memorandum of points and authorities in support of motion to dismiss amended consolidated complaint [59-1] (ndd) (Entered: 01/11/2001) 01/12/ REPLY MEMORANDUM by dfts J C Bradford and Co Advest Inc in support of motion to dismiss consolidated amended complaint in 2:00-cv [44-1] (ndd) (Entered: 01/16/2001) 01/12/ REPLY DECLARATION of Gregory A Horowitz in support of dfts' Reply to dismiss amended consolidated complaint [63-1] (ndd) (Entered: 01/16/2001) 01/18/ NOTICE of Filing of Recently Decided Opinion by plaintiff in 2:00-cv-00523

10 (ndd) (Entered: 01/19/2001) 01/19/ MINUTES before Senior Judge Milton L. Schwartz motion to dismiss consolidated amended complaint by defendant J C Bradford and Co in 2:00-cv-00523, defendant Advest Inc in 2:00-cv [44-1] dismiss amended consolidated complaint by defendant in 2:00-cv [40-1] HEARING CONTINUED to 9:30 3/6/01 C/R L Howard (ndd) (Entered: 01/22/2001) 02/15/ NOTICE OF MOTION AND MOTION to amend by plaintiff John Zinno motion TO BE HEARD by Senior Judge Milton L. Schwartz; Motion Hearing Set For 3/6/01 at 9:30 am (hk) (Entered: 02/16/2001) 02/15/ DECLARATION of Michael R. Reese in support of motion to amend [67-1] (hk) (Entered: 02/16/2001) 02/15/2001 LODGED order granting motion to amend by plaintiff John Zinno in 2:00-cv (hk) (Entered: 02/16/2001) 02/15/ EX PARTE APPLICATION by plaintiff John Zinno to shorten time for briefing schedule (hk) (Entered: 02/16/2001) 02/15/ AFFIDAVIT of Michael R. Reese regarding ex parte application for an order shortening time [69-1] (hk) (Entered: 02/16/2001) 02/15/2001 LODGED order approving the application by plaintiff John Zinno (hk) (Entered: 02/16/2001) 03/01/ NOTICE from Court of MOTION HEARING VACATED re motion to amend by plaintiff John Zinno [67-1], HEARING VACATED re motion to dismiss consolidated amended complaint by defendant J C Bradford and Co in 2:00-cv , defendant Advest Inc in 2:00-cv [44-1], HEARING VACATED re motion to dismiss amended consolidated complaint by defendant in 2:00-cv [40-1]; status conference SET for 3/6/01 at 9:00am ( cc: all counsel) (bd) (Entered: 03/02/2001) 03/06/ MINUTES before Senior Judge Milton L. Schwartz scheduling conference held on 3/6/01 ; parties will file stip and order; C/R D. McKinnon (hk) (Entered: 03/07/2001) 03/09/2001 LODGED Stipulation and Order regarding consolidation and briefing schedule for second amended complaint by plaintiff John Zinno in 2:00-cv (ndd) (Entered: 03/12/2001) 03/19/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz CIV S WBS PAN action is hereby CONSOLIDATED with LEAD case CIV S MLS DAD currently pending before MLS [67-1]; the proposed 2nd amd consolidated complaint is now the operative complaint (second amd cmp) in Zinno action; dfts shall answer or otherwise file any motions to dismiss the 2nd amd cmp no later than 5/11/01; pltfs opposition ddl 6/29/01; dfts replies to pltfs oppositions ddl 7/30/01; a hrg on dfts' motions to dismiss shall take place on 8/17/01 at 9:00 before MLS (cc: all counsel) (ljr) (Entered: 03/19/2001) 03/19/ CONSOLIDATION ORDER by Senior Judge Milton L. Schwartz both cases CIV S WBS DAD and CIV S WBS PAN are CONSOLIDATED for all

11 purposes including further pretrial proceedins and trial; CIV S is HEREBY designated as the LEAD file pursuant to which the clerk is directed to reassign CIV S ; the clk is further directed to file the 2nd amd cmp attached as exh A; all parties are directed to file henceforth all future pleadings and other papers only in the lead file which shall bear caption CIV S MLS DAD; the motion to dismiss that was filed 10/13/00 by the Underwriter dfts and the motion to dismiss that was filed 10/13/00 by the VantageMed dfts are WITHDRAWN [44-1], [40-1] Case CONSOLIDATED 2:00-cv-523 MLS DAD with member cases 2:01-cv-290 (cc: all counsel) (ljr) Modified on 03/20/2001 (Entered: 03/19/2001) 03/19/ SECOND AMENDED COMPLAINT [38-1], [1-1] by plaintiff John Zinno; jury demand (ljr) (Entered: 03/19/2001) 03/23/ NOTICE of Entry of Order [71-4] by plt John Zinno in 2:00-cv (ndd) (Entered: 03/23/2001) 03/23/ NOTICE of Entry of Consolidation Order [74-1] by plaintiff John Zinno in 2:00- cv (ndd) (Entered: 03/23/2001) 05/10/2001 LODGED Stip regarding modification of briefing schedule for 2nd Amended Complaint by defendants J C Bradford and Co in 2:00-cv-00523, Advest Inc in 2:00-cv (old) (Entered: 05/11/2001) 05/14/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz ORDERING stipulation regarding modification of briefing schedule for second amended complaint is GRANTED (cc: all counsel) (old) (Entered: 05/15/2001) 05/25/ NOTICE OF MOTION AND MOTION to dismiss second amended complaint by J C Bradford and Co and Advest Inc motion TO BE HEARD by Senior Judge Milton L. Schwartz; Motion Hearing Set For 8/17/01 at 9:00 am (hk) (Entered: 05/29/2001) 05/25/ MEMORANDUM OF POINTS AND AUTHORITIES by J C Bradford and Co, Advest Inc in SUPPORT of motion to dismiss second amended complaint by J C Bradford and Co and Advest Inc [79-1] (hk) (Entered: 05/29/2001) 05/25/ DECLARATION of Gregory A Horowitz in support of motion to dismiss [79-1] (hk) (Entered: 05/29/2001) 05/25/ NOTICE OF MOTION AND MOTION to dismiss second amended complaint by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery motion TO BE HEARD by Senior Judge Milton L. Schwartz; Motion Hearing Set For 8/17/01 at 9:00 am (hk) (Entered: 05/29/2001) 05/25/ MEMORANDUM OF POINTS AND AUTHORITIES by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery in SUPPORT of motion to dismiss second amended complaint by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery [82-1] (hk) (Entered: 05/29/2001) 05/25/ NOTICE of lodgment of exhibits in support of motion to dismiss by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery [82-1] (hk) (Entered: 05/29/2001) 05/25/ NOTICE OF MOTION AND MOTION to dismiss second amended complaint by

12 Arthur Anderson LLP motion TO BE HEARD by Senior Judge Milton L. Schwartz; Motion Hearing not noticed (hk) (Entered: 05/29/2001) 05/25/ DECLARATION of Kathleen M. Marcus in support of motion to dismiss [85-1] (hk) (Entered: 05/29/2001) 05/31/ COURT NOTICE: from C Lydon motion to dismiss second amended complaint by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery [82-1] and motion to dismiss second amended complaint by J C Bradford and Co and Advest Inc [79-1] HEARING RESET FOR 9:00 9/14/01 before Judge Milton S Schwartz in Courtroom 3; briefing due date for the oppositions and replies shall stay the same: oppositions due 8/3/01 and replies due 8/10/01; (cc: all counsel) (bd) (Entered: 06/08/2001) 06/04/ MEMORANDUM OF POINTS AND AUTHORITIES by defendants Vantagemed Corp in 2:00-cv-00523, L Seiler in 2:00-cv-00523, Joel M Harris in 2:00-cv-00523, Thomas A McCreery in 2:00-cv Richard W Pendleton, Peter Friedli and John R Stevens in of motion to dismiss second amended complaint by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A [82-1]; (this is a duplicate of docket #83 which was refiled due to pages 23 and 24 were missing) (old) Modified on 06/06/2001 (Entered: 06/06/2001) 06/07/ COURT NOTICE from Courtroom Deputy: the briefing for the motions set to be heard on 9/14/01 shall remain as set forth in the Stipulation and Order filed 5/14/01 (cc: all counsel) (old) (Entered: 06/08/2001) 06/13/ NOTICE by defendant Arthur Andersen of filing of certified copy of Vantagemed Corp's for 10-K in support of dft Andersen's motion to dismiss pltfs' second amended consolidated complaint [85-1] (bd) (Entered: 06/14/2001) 06/13/ CERTIFIED COPY of Vantagemed Corp's Form 10-K by defendant Arthur Andersen (bd) (Entered: 06/14/2001) 06/18/2001 RESERVICE of DOCUMENT(S) [89-1] addressed defendant Arthur Andersen (hk) Modified on 06/21/2001 (Entered: 06/20/2001) 06/18/ MAIL returned [89-1] addressed to defendant Arthur Andersen (hk) (Entered: 06/21/2001) 07/13/ PLAINTIFFS' MEMORANDUM OF LAW in opposition to dft Arthur Andersen LLP's motion to dismiss second amended complaint [85-1] (ak) (Entered: 07/16/2001) 07/13/ PLAINTIFFS' MEMORANDUM OF LAW in opposition to motion to dismiss second amended complaint by dfts Vantagemed Corp, L Joel M Harris, Thomas A McCreery [82-1] (ak) (Entered: 07/16/2001) 07/13/ PLAINTIFFS' MEMORANDUM OF LAW in opposition to the motion to dismiss second amended complaint by J C Bradford and Co and Advest Inc [79-1] (ak) (Entered: 07/16/2001) 07/13/ DECLARATION of Michael RR Reese in support of pltfs' memorandum of law in opposition to dfts' motions to dismiss the second amended consolidated complaint [79-1], [82-1], [85-1] (ak) Modified on 07/16/2001 (Entered: 07/16/2001)

13 08/03/ REPLY Memorandum of Points and Authorities in support of motion to dismiss second amended consolidated complaint by defendants Vantagemed Corporation, James Seiler, Joel Harris, Thomas McCreery, Richard W. Pendleton, Peter Friedli and John R Stevens[82-1] (old) Modified on 08/06/2001 (Entered: 08/06/2001) 08/03/ DECLARATION of David Priebe in support of Reply Memorandum of Points and Authorities in support of motion to dismiss second amended consolidated complaint [97-1] (old) (Entered: 08/06/2001) 08/03/ REPLY Memorandum by defendants J C Bradford and Co in 2:00-cv-00523, Advest Inc in 2:00-cv in support of their motion to dismiss second amended consolidated complaint [79-1] (old) (Entered: 08/06/2001) 08/03/ REPLY MEMORANDUM by defendant Arthur Andersen in 2:00-cv regarding its motion to dismiss plaintiffs' second amended consolidated complaint [85-1] (old) (Entered: 08/06/2001) 08/20/2001 RESERVICE of DOCUMENT(S), notice of court [89-1] addressed to Peter Wheaton Devereaux 4365 Alla Rd #3 Marina Del Rey CA (ak) (Entered: 08/20/2001) 08/20/ EX PARTE APPLICATION by plaintiff John Zinno in 2:00-cv for shortening time for briefing schedule and hearing date for plaintiff's Motion to Strike portions of defendant Vantagemed's Reply (mdp) Modified on 08/21/2001 (Entered: 08/21/2001) 08/20/ AFFIDAVIT of Michael R.R. Reese in support of Ex Parte Application shortening time for briefing schedule and hearing date for Plaintiff's Motion to Strike portions of defendant Vantagemed's reply [101-1] (mdp) Modified on 08/21/2001 (Entered: 08/21/2001) 08/20/2001 LODGED proposed order by plaintiff John Zinno in 2:00-cv granting plaintiff's Ex Parte Application to shorten time for briefing schedule and hearing date for plaintiffs Motion to Strike portions of the Vantagemed reply (mdp) (Entered: 08/21/2001) 08/20/ NOTICE OF MOTION AND MOTION to strike portions of defendant Vantagemed's Reply by plaintiff John Zinno in 2:00-cv motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For 9:00 09/14/01 (mdp) Modified on 08/21/2001 (Entered: 08/21/2001) 08/20/2001 LODGED proposed order by plaintiff John Zinno in 2:00-cv granting Motion to Strike portions of defendant Vantagemed's reply (mdp) (Entered: 08/21/2001) 08/22/ ORDER by Senior Judge Milton L. Schwartz ORDERING dfts' response to pltfs' motion to strike shall be filed by 8/31/01; if court does not issue a written order prior to 9/14/01, any argument on pltfs' motion to strike shall be heard on 9/14/01 prior to the hearing on dfts' motion to dismiss scheduled for 9/14/01 (cc: all counsel) (bd) (Entered: 08/23/2001) 08/22/ RESPONSE (opposition) to motion to strike portions of defendant Vantagemed's Reply by plaintiff John Zinno [103-1]; and... (pw) (Entered: 08/23/2001)

14 08/22/ STATEMENT by defendants of qualified non-opposition in support of to ex parte application to shorten time [101-1] (pw) (Entered: 08/23/2001) 08/23/2001 RESERVICE of DOCUMENT(S), court notice re the briefing for the motions set to be heard on 9/14/01 [89-1] addressed to Peter Wheaton Devereaux 633 W 5th St Los Angeles CA (ak) (Entered: 08/23/2001) 08/29/ REPLY in support by plaintiff John Zinno of response to motion to strike portions of defendant Vantagemed's Reply plaintiff John Zinno [103-1] (pw) (Entered: 08/30/2001) 08/29/2001 LODGED stip and proposed order re change of hearing date (pw) (Entered: 08/30/2001) 09/11/ STIPULATION AND ORDER by Senior Judge Milton L. Schwartz regarding change of hearing date is GRANTED; motion to strike portions of defendant Vantagemed's Reply plaintiff John Zinno in 2:00-cv [103-1] HEARING RESET on or BEFORE 12/14/01; motion to dismiss second amended complaint by Arthur Anderson LLP [85-1] HEARING RESET FOR 12/14/01; motion to dismiss second amended complaint by dfts Vantagemed Corp, L Seiler, Joel M Harris, Thomas A McCreery [82-1] HEARING RESET FOR 12/14/01; motion to dismiss second amended by J C Bradford and Co and Advest Inc [79-1] HEARING RESET 12/14/01 (cc: all counsel) (old) Modified on 09/12/2001 (Entered: 09/12/2001) 09/19/ NOTICE of change of address of defendants' counsel to : Gray Cary Ware & Freidenrich LLP 4365 Executive Drive Ste 1100 San Diego CA (old) (Entered: 09/20/2001) 12/10/ STIPULATION RE: NOTICE OF SETTLEMENT by pltfs (hk) (Entered: 12/11/2001) 12/10/ NOTICE by plaintiff John Zinno of change of address to 401 B Street, Suite 1700, San Diego, CA (hk) (Entered: 12/11/2001) 04/17/ STIPULATION of settlement (mdk) (Entered: 04/18/2002) 04/17/2002 LODGED proposed order by plaintiffs preliminarily approving settlement and providing for notice (mdk) (Entered: 04/18/2002) 04/17/ NOTICE by plaintiff John Zinno hrg on final approval of settlement set for 9:00 7/18/02 (ljr) (Entered: 04/19/2002) 04/22/ ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE by Senior Judge Milton L. Schwartz: settlement conference set for 9:00 7/18/02 ; not later than 4/30/02 pltfs' settlement counsel shall cause a copy of the Notice and Proof of Claim to be mailed by first class mail to all Settlement Class Members who can be identified with reasonable effort; no later than May 10, 2002 pltfs' Settlement Counsel shall cause the Summary Notice to be published once in Investor's Business Daily and at least seven days prior to the Settlement Hearing Pltfs' Settlement Counsel shall couse to be served on dfts' counsel and filed with the Court proof by affidavit or declaration of such mailing and publishing; all papers in support of the settlement, the plan of allocation and any application by counsel for the representative pltfs for atty's fees or reimbursement of expenses shall be filed and served ten days prior to the settlement hrg; (see order for detailes)

15 (cc: all counsel) (hk) (Entered: 04/23/2002) 07/05/ NOTICE OF MOTION AND MOTION for final approval of settlement by plaintiffs, for attorney fees by plaintiffs ; motions TO BE HEARD by Senior Judge Milton L. Schwartz Motion Hearing Set For July 18, 2002 (hk) (Entered: 07/08/2002) 07/05/ MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in 2:00-cv in SUPPORT of motion for final approval of settlement by plaintiffs [114-1] (hk) (Entered: 07/08/2002) 07/05/ MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in 2:00-cv in SUPPORT of motion for attorney fees by plaintiffs [114-2] (hk) (Entered: 07/08/2002) 07/05/ DECLARATION of Randi D Bandman in support of motions [114-1], [114-2] (hk) (Entered: 07/08/2002) 07/05/ DECLARATION of Jeffrey D Light in support of motions [114-1], [114-2] (hk) (Entered: 07/08/2002) 07/05/ APPENDIX of declarations in support of motions by plaintiff [114-1], [114-2] (hk) (Entered: 07/08/2002) 07/05/2002 LODGED order re atty fees by plaintiff in 2:00-cv (hk) (Entered: 07/08/2002) 07/05/2002 LODGED order re settlement by plaintiff in 2:00-cv (hk) (Entered: 07/08/2002) 07/05/2002 LODGED order re final judgment by plaintiff in 2:00-cv (hk) (Entered: 07/08/2002) 07/05/ DECLARATION of Carole K Sylvester re mailing of notice of pendency and proposed settlement; publication of summary notice; report re exclusion requests received from class members (hk) (Entered: 07/08/2002) 07/18/ ORDER by Senior Judge Milton L. Schwartz the Court finds and concludes that the formula for the calculation of the claims of Authorized Claimants which is set forth in the Notice of Pendency and Proposed Settlement of Class Action ("Notice") sent to Settlement Class Members provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established by the Stipulation among the Settlement Class Members with due consideration having been given to administrative convenience and necessity; this Court finds and concludes that the Plan of Allocation as set forth in the Notice is in all respects, fair and reasonable and the Court approves the Plan of Allocation (cc: all counsel) (ljr) (Entered: 07/18/2002) 07/18/ ORDER by Senior Judge Milton L. Schwartz the Court hereby awards Representative pltfs' counsel attys' fees of 25% of the Settlement Fund and reimbursement of litigation expenses in the amount of $234,940,59 together with the interest earned thereon for the same time period and at the same rate as the earned on the Settlement Fund until paid; the Court finds that the amount of fees awarded is fair and reasonable under the "percentage-of-recovery" method; the fees

16 and expenses shall be allocated among Representative pltfs' counsel by pltfs' Settlement Counsel in a manner which in pltfs' Settlement Counsel's good-faith judgment, reflects each such Representative pltfs' counsel's contribution to the institution, prosecution and resolution of the litigation; the awarded attys' fees and expenses and interest earned thereon, shall be paid to Representative pltfs' counsel after the date this order is signed subject to the terms, conditions and obligations of the stipulation and particular paragraph 7.2 thereof which terms, conditions and obligations are incorporated herein [114-1] (cc: all counsel) (ljr) (Entered: 07/18/2002) 07/18/ JUDGMENT by Senior Judge Milton L. Schwartz this Court has jurisdiction over the subject matter of the Litigation and over all parties to the Litigation, including all Members of the Settlement Class; pursuant to Rule 23 FRCP this Court certifies a Settlement Class of all Persons who purchased VantageMed common stock pursuant to VantageMed's 2/15/00 Initial Public Offering during the periods of 2/15/00 through 3/16/00 inclusive; Accordingly the settlement embodied in the Stipulation is hereby approved and shall be consummated in accordance with the terms and provisions of the Stipulation; upon the effective date hereof the Lead Pltfs and each of the Settlement Class Members shall be deemed to have and by operation of this Judgment shall have, fully, finally, and forever released, relinquished and discharged all Released Claims against the Released Persons, whether or not such Settlement Class Member executes and delivers a Proof of Claim and Release; in the event that the settlement does not become effective in accordance with the terms of the Stipulation or in the event that the Settlement fund or any portion thereof is returned to the dfts then this judgment shall be rendered null and void to the extent provided by and in accordance with the Stipulation and shall be vacated and in such event all orders entered and releases delivered in connection herewith shall be null and void to the extent provided by the in accordance with the Stipulation; CASE DISMISSED with prejudice (cc: all counsel) (ljr) Modified on 07/29/2002 (Entered: 07/18/2002) 07/18/ MINUTES before Senior Judge Milton L. Schwartz re motion for final approval of settlement by plaintiffs [114-1]; case closed; C/R Cathie Bodene (ljr) (Entered: 07/19/2002) 08/08/ TRANSCRIPT of 7/18/02 hearing on Settlement Hearing by C/R C Bodene (ndd) (Entered: 08/09/2002) 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