U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:05-cv EWN-BNB

Transcription

1 US District Court Civil Docket as of 05/29/2007 Retrieved from the court on Tuesday, May 29, 2007 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:05-cv EWN-BNB Andropolis v. Red Robin Gourmet Burgers, Inc. et al Assigned to: Judge Edward W. Nottingham Referred to: Magistrate Judge Boyd N. Boland Member cases: 1:05-cv EWN-BNB 1:05-cv EWN Case in other court: USCA, Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 08/15/2005 Date Terminated: 01/17/2007 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Andre Andropolis on behalf of himself and all others similarly situated represented by Kip Brian Shuman Shuman & Berens, LLP 801 East 17th Avenue Denver, CO Fax: Plaintiff Philadelphia, City of, Board of Pensions and Retirement Lead represented by Gerald L. Bader, Jr. Bader & Associates, P.C East Evans Avenue #200 Denver, CO Fax: Renee Beth Taylor Bader & Associates, P.C East Evans Avenue #200 Denver, CO Fax:

2 Russell D. Paul Berger & Montague, P.C Locust Street Philadelphia, PA Fax: Sherrie R. Savett Berger & Montague, P.C Locust Street Philadelphia, PA Fax: Consol Plaintiff Elliot Wilster represented by F. James Donnelly F. James Donnelly, The Law Offices of, P.C South Chester Way Greenwood Village, CO Fax: Marc M. Umeda Robbins Umeda & Fink, LLP 610 West Ash Street #1800 San Diego, CA Fax: Consol Plaintiff

3 Mark Baird individually and on behalf of all others similarly situated represented by Charles Walter Lilley Charles Lilley & Associates, P.C Stout Street #1100 Denver, CO Fax: Jessica Lee Hoff Charles Lilley & Associates, P.C Stout Street #1100 Denver, CO Fax: Karen Jean Cody-Hopkins Charles Lilley & Associates, P.C Stout Street #1100 Denver, CO Fax: V. Defendant Red Robin Gourmet Burgers, Inc. represented by Andrew Ryan Shoemaker Hogan & Hartson, LLP-Boulder 1470 Walnut Street #200 Boulder, CO Fax: Judith M. Krieg Red Robin International, Inc.

4 6312 South Fiddler's Green Circle #200N Greenwood Village, CO Fax: Thomas Lee Strickland Hogan & Hartson, LLP-Denver 1200 Seventeenth Street #1500 Denver, CO Fax: Coates Lear Hogan & Hartson, LLP-Denver 1200 Seventeenth Street #1500 Denver, CO Defendant Michael J. Snyder represented by Jeffrey Alan Springer Springer & Steinberg, P.C Broadway #1200 Denver, CO Fax: Judith M. Krieg Michael S. Weisman Katten Muchin Rosenman, LLP-Chicago

5 525 West Monroe Street #1900 Chicago, IL Fax: Pamela G. Smith Katten Muchin Rosenman, LLP-Chicago 525 West Monroe Street #1900 Chicago, IL Fax: Rachel M. Vorbeck Katten Muchin Rosenman, LLP-Chicago 525 West Monroe Street #1900 Chicago, IL Fax: Defendant James P. McCloskey represented by James E. Nesland Cooley Godward Kronish, LLP-Colorado 380 Interlocken Crescent #900 Broomfield, CO Fax: Jeffrey Allen Smith Cooley Godward Kronish, LLP-Colorado 380 Interlocken Crescent #900 Broomfield, CO

6 Fax: Judith M. Krieg Paul Howard Schwartz Cooley Godward Kronish, LLP-Colorado 380 Interlocken Crescent #900 Broomfield, CO Fax: Defendant Lisa A. Dahl represented by Andrew Ryan Shoemaker Defendant Katherine L. Scherping represented by Andrew Ryan Shoemaker Consol Defendant Robert J. Merullo represented by Andrew Ryan Shoemaker Consol Defendant James T. Rothe represented by Andrew Ryan Shoemaker Consol Defendant

7 Gary J. Singer represented by Andrew Ryan Shoemaker Consol Defendant Dennis B. Mullen represented by Andrew Ryan Shoemaker Consol Defendant Benjamin D. Graebel represented by Andrew Ryan Shoemaker Consol Defendant Edward T. Harvey, Jr. represented by Andrew Ryan Shoemaker Interested Party Kenneth P. Ray represented by Kip Brian Shuman Interested Party Arlene D. Ray represented by Kip Brian Shuman Interested Party Miguel Jorge represented by Kip Brian Shuman Date Filed # Docket Text 08/15/ COMPLAINT for violation of the federal securities laws and demand for jury trial against all defendants ( Filing fee $ 250, Receipt Number ) Summons

8 Issued, filed by Andre Andropolis. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(bpm, ) (Entered: 08/16/2005) 08/17/ GENERAL CASE MANAGEMENT ORDER AND ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Nottingham. Dispositive Motions due by 7/17/2006. (ewnsec) (Entered: 08/17/2005) 08/25/ SUMMONS Returned Executed by Andre Andropolis. Red Robin Gourmet Burgers, Inc. served on 8/19/2005, answer due 9/8/2005. (Shuman, Kip) (Entered: 08/25/2005) 08/25/ SUMMONS Returned Executed by Andre Andropolis. James P. McCloskey served on 8/17/2005, answer due 9/6/2005. (Shuman, Kip) (Entered: 08/25/2005) 08/29/ ORDER Scheduling Conference set for 9/29/ :00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 8/26/05. (pap, ) (Entered: 08/29/2005) 09/08/ MOTION to Dismiss by Defendant Red Robin Gourmet Burgers, Inc. (Attachments: # 1 Exhibit 1 - Form 8-K# 2 Exhibit 2 (Part 1 of 2) - Press Releases# 3 Exhibit 2 (Part 2 of 2) - Press Releases# 4 Exhibit 3 - Form 10-K# 5 Exhibit 4 - Sorkin v. Fischer)(Shoemaker, Andrew) (WITHDRAWN pursuant to 105 Joint Notice to Withdraw - Modified on 4/19/2006) (pap2, ). (Entered: 09/08/2005) 09/08/ NOTICE of Entry of Appearance Thomas L. Strickland, Andrew R. Shoemaker, and Coates Lear by Andrew Ryan Shoemaker on behalf of Red Robin Gourmet Burgers, Inc. (Shoemaker, Andrew) (Entered: 09/08/2005) 09/12/ NOTICE of Entry of Appearance by Coates Lear on behalf of Red Robin Gourmet Burgers, Inc. (Lear, Coates) (Entered: 09/12/2005) 09/12/ CERTIFICATE OF COMPLIANCE by Plaintiff Andre Andropolis. (Attachments: # 1 Exhibit A - Order filed August 17, 2005# 2 Exhibit B - Order filed August 29, 2005)(Shuman, Kip) (Entered: 09/12/2005) 09/13/ NOTICE of Entry of Appearance by Thomas Lee Strickland on behalf of Red Robin Gourmet Burgers, Inc. (Strickland, Thomas) (Entered: 09/13/2005) 09/14/ MOTION for Extension of Time to File Answer or Otherwise Respond To Plaintiff's Complaint by Defendant James P. McCloskey. (Attachments: # 1 Proposed Order (PDF Only))(Schwartz, Paul) (Entered: 09/14/2005) 09/15/ MEMORANDUM referring to Magistrate Judge Boland : 11 MOTION for Extension of Time to Answer or Otherwise Respond To Plaintiff's Complaint filed by James P. McCloskey by Judge Edward W. Nottingham on 9/15/05. (Text Only Entry - No Document Attached) (ewnsec) (Entered: 09/15/2005) 09/16/ CERTIFICATE OF COMPLIANCE by Plaintiff Andre Andropolis. (Attachments: # 1 # 2)(Shuman, Kip) (Entered: 09/16/2005) 09/16/ MINUTE ORDER granting 11 Defendant McCloskey's Motion for Extension of Time to Answer re 1 Complaint. James P. McCloskey answer due 10/14/2005. Entered by Magistrate Judge Boyd N. Boland on 9/16/05. (pap, ) (Entered: 09/16/2005)

9 09/16/ Unopposed MOTION to Vacate 5 Order, Set Deadlines/Hearings and to Hold a Status Conference on October 25, 2005 by Plaintiff Andre Andropolis. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 09/16/2005) 09/16/ MEMORANDUM referring to Magistrate Judge Boland : 15 Unopposed MOTION to Vacate Scheduling/Planning Conference and Related Deadlines (5 Order) and to Hold a Status Conference on October 25, 2005 filed by Andre Andropolis by Judge Edward W. Nottingham on 9/16/05. (Text Only Entry - No Document Attached) (ewnsec) (Entered: 09/16/2005) 09/19/ NOTICE of Entry of Appearance by James E. Nesland on behalf of James P. McCloskey (Nesland, James) (Entered: 09/19/2005) 09/20/ ORDER granting in part and denying in part 15 Motion to Vacate Scheduling Conference and Related Deadlines and and covert to a Status Conference. The scheduling conference set for October 25, 2005, at 8:30 a.m., is VACATEDand CONVERTED to a status conference. Signed by Magistrate Judge Boyd N. Boland on 9/19/05. (pap, ) (Entered: 09/20/2005) 09/22/ MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss by Plaintiff Andre Andropolis. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Shuman, Kip) (Entered: 09/22/2005) 09/23/ MEMORANDUM referring to Magistrate Judge Boland : 19 MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss filed by Andre Andropolis by Judge Edward W. Nottingham on 9/23/05. (Text Only Entry - No Document Attached) (ewnsec) (Entered: 09/23/2005) 09/26/ Minute ORDER Setting Hearing on Plaintiff's 19 MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss: Motion Hearing set for 10/25/ :30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendant to respond to this motion by 10/17/05, by Magistrate Judge Boyd N. Boland on 9/26/05. (gms, ) (Entered: 09/26/2005) 09/26/ BRIEF in Opposition re 19 MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss filed by Defendant Red Robin Gourmet Burgers, Inc.. (Lear, Coates) (Entered: 09/26/2005) 10/06/ WAIVER OF SERVICE Returned Executed by Andre Andropolis. Michael J. Snyder waiver sent on 9/15/2005, answer due 11/14/2005. (Epps, Derek) (Entered: 10/06/2005) 10/11/ BRIEF in Support re 19 MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss filed by Plaintiff Andre Andropolis. (Shuman, Kip) (Entered: 10/11/2005) 10/12/ REPLY to Response to Motion re 19 MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss filed by Plaintiff Andre Andropolis. (Shuman, Kip) (Entered: 10/12/2005) 10/13/ NOTICE of Entry of Appearance by Jeffrey Allen Smith on behalf of James P. McCloskey (Smith, Jeffrey) (Entered: 10/13/2005)

10 10/14/ MOTION to Dismiss and Joinder in Defendant Red Robin, Inc.'s Motion to Dismiss by Defendant James P. McCloskey. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Nesland, James) (WITHDRAWN pursuant to 105 Joint Notice to Withdraw - Modified on 4/19/2006) (pap2, ). (Entered: 10/14/2005) 10/14/ MOTION to Appoint Counsel and For Appointment of Lead Plaintiff by Interested Party Philadelphia, City of, Board of Pensions and Retirement. (Bader, Gerald) (Entered: 10/14/2005) 10/14/ BRIEF in Support re 28 MOTION to Appoint Counsel and For Appointment of Lead Plaintiff filed by Interested Party Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Exhibit A (Risen Declaration)# 2 Exhibit A to Exhibit A (Risen Declaration)# 3 Exhibit B to Exhibit A (Risen Declaration)# 4 Exhibit C to Exhibit A (Risen Declaration)# 5 Exhibit D Part 1 to Exhibit A (Risen Declaration)# 6 Exhibit D Part 2 to Ex A (Risen Declaration)# 7 Exhibit D Part 3 to Exhibit A (Risen Declaration)# 8 Exhibit E to Risen Declaration)(Bader, Gerald) (Entered: 10/14/2005) 10/14/ MOTION to Appoint Counsel, Appoint Lead Plaintiff (The Ray Group), and Consolidate the Related Actions by Interested Parties Kenneth P. Ray, Arlene D. Ray, Miguel Jorge. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 10/14/2005) 10/17/ NOTICE of Entry of Appearance of Co-Counsel for Defendant Michael J. Snyder by Jeffrey Alan Springer on behalf of Michael J. Snyder (Springer, Jeffrey) (Entered: 10/17/2005) 10/17/ MOTION to Consolidate Cases with Parallel Shareholder Derivative Action by Defendant Red Robin Gourmet Burgers, Inc.. (Attachments: # 1 Exhibit 1 - Wilster v. Snyder and Red Robin Complaint)(Shoemaker, Andrew) (Entered: 10/17/2005) 10/21/ MOTION to Consolidate Cases Joinder in Defendant Red Robin Burgers, Inc.'s Motion to Consolidate Case with Parallel Shareholder Derivative Action by Interested Parties Robert J. Merullo, James T. Rothe, Gary J. Singer, Dennis B. Mullen, Benjamin D. Graebel, Edward T. Harvey, Jr. (Shoemaker, Andrew) (Entered: 10/21/2005) 10/24/ NOTICE of Joinder in Red Robin Gourmet Burgers, Inc.'s, Motion to Consolidate by Defendant Michael J. Snyder (Vorbeck, Rachel) (Entered: 10/24/2005) 10/24/ NOTICE of Electronic Filing by Defendant Michael J. Snyder (Vorbeck, Rachel) (Entered: 10/24/2005) 10/24/ STATEMENT re 19 MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss by Interested Party Philadelphia, City of, Board of Pensions and Retirement. (Bader, Gerald) (Entered: 10/24/2005) 10/25/ Minute Entry for proceedings held before Judge Boyd N. Boland : Motion Hearing held on 10/25/2005, Granting 19 MOTION to Vacate Response to Defendant Red Robin's Motion to Dismiss filed by Andre Andropolis, (Court Reporter FTR Geneva D. Mattei.) (pap, ) (Entered: 10/25/2005) 10/25/ ORDER granting 19 Plaintiff's Motion to Vacate Response Deadline to 6 Defendant Red Robin's MOTION to Dismiss. Signed by Magistrate Judge Boyd N.

11 Boland on 10/25/05. (pap, ) (Entered: 10/25/2005) 10/28/ Unopposed MOTION to Vacate Response to Defendant James P. McCloskey's Motion to Dismiss and Joinder in Defendant Red Robin's Motion to Dismiss by Plaintiff Andre Andropolis. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 10/28/2005) 10/31/ MEMORANDUM referring to Magistrate Judge Boland : 39 Unopposed MOTION to Vacate Response to Defendant James P. McCloskey's Motion to Dismiss and Joinder in Defendant Red Robin's Motion to Dismiss filed by Andre Andropolis, by Judge Edward W. Nottingham on 10/31/05. (Text Only Entry - No Document Attached)(pap, ) (Entered: 10/31/2005) 10/31/ MEMORANDUM referring to Magistrate Judge Boland : 33 MOTION to Consolidate Cases Joinder in Defendant Red Robin Burgers, Inc.'s Motion to Consolidate Case with Parallel Shareholder Derivative Action filed by Dennis B. Mullen, James T. Rothe, Robert J. Merullo, Gary J. Singer, Benjamin D. Graebel, Edward T. Harvey, Jr., by Judge Edward W. Nottingham on 10/31/05. (Text Only Entry - No Document Attached)(pap, ) (Entered: 10/31/2005) 11/03/ REPLY to Response to Motion re 28 MOTION to Appoint Counsel and For Appointment of Lead Plaintiff and In Opposition to the Competing Motion for Appointment as Lead Plaintiff filed by Interested Party Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Taylor, Renee) (Entered: 11/03/2005) 11/03/ BRIEF in Opposition re 28 MOTION to Appoint Counsel and For Appointment of Lead Plaintiff THE RAY GROUP?S MEMORANDUM OF LAW IN FURTHER SUPPORT OF ITS MOTION FOR CONSOLIDATION OF THE RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF LEAD PLAINTIFF?S SELECTION OF LEAD AND LIAISON COUNSEL AND IN OPPOSITION TO THE COMPETING MOTION filed by Interested Parties Kenneth P. Ray, Arlene D. Ray, Miguel Jorge. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Shuman, Kip) (Entered: 11/03/2005) 11/04/ RESPONSE to Motion re 30 MOTION to Appoint Counsel, Appoint Lead Plaintiff (The Ray Group), and Consolidate the Related Actions filed by Interested Party Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Taylor, Renee) (Entered: 11/04/2005) 11/04/ ORDER granting 39 Plaintiff's Unopposed Motion to Vacate Response to Defendant James P. McCloskey's 6 MOTION to Dismiss and 27 MOTION to Dismiss and Joinder in Defendant Red Robin, Inc.'s Motion to Dismiss. Signed by Magistrate Judge Boyd N. Boland on 11/4/05. (pap, ) (Entered: 11/04/2005) 11/07/ MEMORANDUM referring to Magistrate Judge Boland : 30 MOTION to Appoint Counsel, Appoint Lead Plaintiff (The Ray Group), and Consolidate the Related Actions filed by Kenneth P. Ray, Arlene D. Ray, Miguel Jorge, 28 MOTION to Appoint Counsel and For Appointment of Lead Plaintiff filed by Philadelphia, City of, Board of Pensions and Retirement, 32 MOTION to Consolidate Cases with Parallel Shareholder Derivative Action filed by Red Robin Gourmet Burgers, Inc.,33 MOTION to Consolidate Cases Joinder in Defendant Red Robin Burgers,

12 Inc.'s Motion to Consolidate Case with Parallel Shareholder Derivative Action filed by Dennis B. Mullen, James T. Rothe, Robert J. Merullo, Gary J. Singer, Benjamin D. Graebel, Edward T. Harvey, Jr., 34 Joinder in Red Robin Gourmet Burgers, Inc's Motion to Consolidate by Defendant Michael J. Snyder, by Judge Edward W. Nottingham on 11/7/05. (Text Only Entry - No Document Attached)(pap2, ) (Entered: 11/07/2005) 11/07/ RESPONSE to Motion re 32 MOTION to Consolidate Cases with Parallel Shareholder Derivative Action filed by Interested Party Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Exhibit A)(Taylor, Renee) (Entered: 11/07/2005) 11/07/ RESPONSE to Motion re 32 MOTION to Consolidate Cases with Parallel Shareholder Derivative Action by Defendant Red Robin Gourmet Burgers, Inc. filed by Plaintiff Andre Andropolis. (Attachments: # 1 Exhibit A)(Shuman, Kip) (Entered: 11/07/2005) 11/07/ TRANSCRIPT of Motions Hearing and Status Conference held on 10/25/05 before Magistrate Judge Boyd N. Boland. Prepared by: Avery/Woods Reporting Service, Inc. Pages: (certified copy) Text Only Entry - Available in paper format at the Clerk's Office (pap, ) (Entered: 11/07/2005) 11/08/ RESPONSE to Motion re 32 MOTION to Consolidate Cases with Parallel Shareholder Derivative Action filed by Interested Party Elliot Wilster. (Donnelly, F.) (Entered: 11/08/2005) 11/08/ DECLARATION of Marc M. Umeda regarding Response to Motion50 by Interested Party Elliot Wilster. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Donnelly, F.) (Entered: 11/08/2005) 11/08/ MINUTE ORDER re: 30 MOTION to Appoint Lead Plaintiff (The Ray Group), and Consolidate the Related Actions, 28 MOTION For Appointment of Lead Plaintiff, 32 MOTION to Consolidate Cases with Parallel Shareholder Derivative Action, 33 MOTION to Consolidate Cases, Joinder in Defendant Red Robin Burgers, Inc.'s Motion to Consolidate Case with Parallel Shareholder Derivative Action, Motion Hearing set for 12/15/ :30 AM before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 11/8/05. (pap, ) (Entered: 11/08/2005) 11/18/ REPLY to Response to Motion re 28 MOTION to Appoint Counsel and For Appointment of Lead Plaintiff filed by Interested Party Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Taylor, Renee) (Entered: 11/18/2005) 11/18/ REPLY to Response to Motion re 30 MOTION to Appoint Counsel, Appoint Lead Plaintiff (The Ray Group), and Consolidate the Related Actions filed by Interested Party Kenneth P. Ray. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Shuman, Kip) (Entered: 11/18/2005) 11/22/ REPLY to Response to Motion re 32 MOTION to Consolidate Cases with Parallel Shareholder Derivative Action filed by Defendant Red Robin Gourmet Burgers, Inc.. (Shoemaker, Andrew) (Entered: 11/22/2005)

13 12/15/ Minute Entry-Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 12/15/2005. ORDERED: 33 MOTION to Consolidate Cases Joinder in Defendant Red Robin Burgers, Inc.'s Motion to Consolidate Case with Parallel Shareholder Derivative Action filed by Dennis B. Mullen, James T. Rothe, Robert J. Merullo, Gary J. Singer,Benjamin D. Graebel,Edward T. Harvey, Jr. is TAKEN UNDER ADVISEMENT. ORDERED: 30 MOTION to Appoint Counsel, appoint lead plaintiff (The Ray Group),and consolidate the related actions filed by Kenneth P. Ray, Arlene D. Ray, Miguel Jorge is DENIED AS WITHDRAWN. ORDERED: 28 MOTION to Appoint Counsel and For Appointment of Lead Plaintiff filed by City of Philadelphia, Board of Pensions and Retirement is TAKEN UNDER ADVISEMENT. ORDERED: 32 MOTION to Consolidate Cases with Parallel Shareholder Derivative Action filed by Red Robin Gourmet Burgers, Inc. is TAKEN UNDER ADVISEMENT. (Court Reporter FTR-G. MATTEI.) (bnbcd, ) (Entered: 12/15/2005) 12/15/2005 ORDER withdrawing 30 Motion to Appoint Counsel, taking under advisement 32 Motion to Consolidate Cases, taking under advisement 33 Motion to Consolidate Cases, taking under advisement 28 Motion to Appoint Counsel pursuant to Courtroom minutes by Magistrate Judge Boyd N. Boland on 12/15/05.TEXT ONLY NO DOCUMENT ATTACHED.(bnbcd, ) (Entered: 12/15/2005) 12/15/ MINUTE ORDER denying as withdrawn 30 MOTION to Appoint Counsel, Appoint Lead Plaintiff (The Ray Group), and Consolidate the Related Actions filed by Kenneth P. Ray, Arlene D. Ray, Miguel Jorge, by Magistrate Judge Boyd N. Boland on 12/15/05. (gms, ) (Entered: 12/15/2005) 12/19/ ORDER granting 32 City of Philadelphia Board of Pensions and Retirement's Motion to Consolidate Cases with Parallel Shareholder Derivation Action and 28 Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's selection of Lead and Local Counsel. Signed by Magistrate Judge Boyd N. Boland on 12/19/05. (pap, ) (Entered: 12/19/2005) 12/29/ First MOTION For Extension of Time to Respond to Amended Derivative Complaint by Defendant Michael J. Snyder. (Vorbeck, Rachel) (Entered: 12/29/2005) 12/29/ MOTION For Extension of Time to Respond to Amended Derivative Complaint, Or, In The Alternative, For Order Setting Uniform Briefing Schedule by Consol Defendants Robert J. Merullo, James T. Rothe, Gary J. Singer, Dennis B. Mullen, Benjamin D. Graebel, Edward T. Harvey, Jr, Defendant Red Robin Gourmet Burgers, Inc.. (Shoemaker, Andrew) (Entered: 12/29/2005) 12/29/ MEMORANDUM referring to Magistrate Judge Boland : 60 MOTION For Extension of Time to Respond to Amended Derivative Complaint, Or, In The Alternative, For Order Setting Uniform Briefing Schedule filed by Dennis B. Mullen, James T. Rothe, Red Robin Gourmet Burgers, Inc., Robert J. Merullo, Gary J. Singer, Benjamin D. Graebel, Edward T. Harvey, Jr., by Judge Edward W. Nottingham on 12/29/05. (Text Only Entry - No Document Attached)(pap, ) (Entered: 12/29/2005) 12/30/ MEMORANDUM referring to Magistrate Judge Boland : 59 First MOTION For Extension of Time to Respond to Amended Derivative Complaint filed by Michael

14 J. Snyder, by Judge Edward W. Nottingham on 12/29/05. (Text Only Entry - No Document Attached)(pap, ) (Entered: 12/30/2005) 12/30/ MINUTE ORDER granting 60 Defendants' Motion for Extension of Time to Respond to Amended Derivative Complaint or In the alternative, for Order Setting Uniform Briefing Schedule. Defendants are granted to and including 1/16/06 to respond to the Amended Complaint. Entered by Magistrate Judge Boyd N. Boland on 12/30/05. (pap, ) (Entered: 12/30/2005) 01/03/ REPLY in Support of (10Motion to Stay in Consolidated Case 05-cv EWN) Motion to Stay Discovery in Derivative Action Pending Resolution of Motions to Dismiss in Derivative Action and in Parallel Securities Actions by Defendant Red Robin Gourmet Burgers, Inc.(Shoemaker, Andrew)( Modified on 1/3/2006 to clarify Motion)(pap, ). (Modified on 2/10/2006 to correct filer)(pap, ). (Entered: 01/03/2006) 01/04/ ORDER granting in part 59 Defendant Snyder's First MOTION For Extension of Time to Respond to Amended Derivative Complaint. Defendant is granted up to and including 1/16/06 to respond to the amended complaint. Signed by Magistrate Judge Boyd N. Boland on 1/4/06. (pap, ) (Entered: 01/04/2006) 01/06/ MOTION for Leave to File Surreply to Defendant Red Robin Gourmet Burgers, Inc.'s Reply by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Continuation of Main Document Certificate of Compliance with LR 7.1# 2 Plaintiff Elliot Wilster's Surreply# 3 Exhibit A to Surreply# 4 Ex. B to Surreply# 5 Ex. C to Surreply)(Donnelly, F.) (Entered: 01/06/2006) 01/09/ MEMORANDUM referring to Magistrate Judge Boland: 66 MOTION for Leave to File Surreply to Defendant Red Robin Gourmet Burgers, Inc.'s Reply filed by Elliot Wilster, Signed by Judge Edward W. Nottingham on 1/9/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 01/09/2006) 01/09/ RESPONSE to Motion re 66 MOTION for Leave to File Surreply to Defendant Red Robin Gourmet Burgers, Inc.'s Reply filed by Consol Defendants Robert J. Merullo, James T. Rothe, Gary J. Singer, Dennis B. Mullen, Benjamin D. Graebel, Edward T. Harvey, Jr, Defendant Red Robin Gourmet Burgers, Inc.. (Shoemaker, Andrew) (Entered: 01/09/2006) 01/10/ MINUTE ORDER granting 66 Plaintiff Elliot Wilster's Motion for Leave to File Surreply. Entered by Magistrate Judge Boyd N. Boland on 1/10/06. (pap, ) (Entered: 01/10/2006) 01/10/ SURREPLY to 64 Defendant Red Robin Gourmet Burger, Inc's Reply in Support of Motion to Stay Discovery Pending Resolution of Motions to Dismiss in Derivative Action and in Parallel Securities Action, by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(pap, ) (Entered: 01/10/2006) 01/10/ ORDER Granting in Part Nominal Defendant Red Robin Gourmet Burgers, Inc's Motion to Stay Dicovery Pending Resolution of Motions to Dismiss in this Case and in Parallel Securities Actions. Discovery in general is stayed pending the determination of motions to dismiss in the related securities fraud case. Signed by Magistrate Judge Boyd N. Boland on 1/10/06. (pap, ) (Entered: 01/10/2006)

15 01/10/ Minute Entry-Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 1/10/2006. ORDERED: Motion to stay discovery is GRANTED IN PART AND DENIED IN PART. This motion is in consolidated case 05-cv EWN-BNB. (Court Reporter FTR-G. MATTEI.) (bnbcd, ) (Entered: 01/11/2006) 01/12/ TRANSCRIPT of Motions Hearing held on 12/15/05 before Magistrate Judge Boland. Prepared by: Avery/Woods Reporting Service. Pages: (certified copy) Text Only Entry - Available in paper format at the Clerk's Office (gms, ) (Entered: 01/13/2006) 01/17/ Joint MOTION for Order to Briefing Schedule by Consol Defendants Robert J. Merullo, James T. Rothe, Gary J. Singer, Dennis B. Mullen, Benjamin D. Graebel, Edward T. Harvey, Jr, Defendant Red Robin Gourmet Burgers, Inc.. (Shoemaker, Andrew) (Entered: 01/17/2006) 01/25/ MOTION For Extension of Time to File Consolidated Complaint by Plaintiff Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Taylor, Renee) (Entered: 01/25/2006) 01/26/ MEMORANDUM referring to Magistrate Judge Boland: 75 MOTION For Extension of Time to File Consolidated Complaint filed by Philadelphia, City of, Board of Pensions and Retirement, by Judge Edward W. Nottingham on 1/26/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 01/26/2006) 01/26/ MINUTE ORDER granting 74 Red Robin shall file its motion to dismiss on or before January 31, The individual defendants shall file their motions to dismiss on or before February 15, Plaintiff's combined response to the motions is due on or before March 17, Defendants' replies are due on orbefore April 7, 2006 by Judge Edward W. Nottingham on 1/26/06. (dlb, ) (Entered: 01/26/2006) 01/26/ RESPONSE to Motion re 75 MOTION For Extension of Time to File Consolidated Complaint filed by Defendant Red Robin Gourmet Burgers, Inc.. (Shoemaker, Andrew) (Entered: 01/26/2006) 01/27/ REPLY to Response to Motion re 75 MOTION For Extension of Time to File Consolidated Complaint filed by Plaintiff Philadelphia, City of, Board of Pensions and Retirement. (Taylor, Renee) (Entered: 01/27/2006) 01/27/ ORDER granting to 2/28/06 75 MOTION For Extension of Time to File Consolidated Complaint by Plaintiff. Signed by Magistrate Judge Boyd N. Boland on 1/27/06. (dlb, ) (Entered: 01/27/2006) 01/30/ WAIVER OF SERVICE Returned Executed by Elliot Wilster. James P. McCloskey waiver sent on 12/29/2005, answer due 2/27/2006. (Donnelly, F.) (Entered: 01/30/2006) 01/31/ MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility by Defendant Red Robin Gourmet Burgers, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11)(Shoemaker, Andrew) (Entered: 01/31/2006)

16 01/31/ MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted by Consol Defendants Robert J. Merullo, James T. Rothe, Gary J. Singer, Dennis B. Mullen, Benjamin D. Graebel, Edward T. Harvey, Jr. (Attachments: # 1 Exhibit 1 - Part 1 of 3# 2 Exhibit 1 - Part 2 of 3# 3 Exhibit 1 - Part 3 of 3# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10)(Shoemaker, Andrew) (Entered: 01/31/2006) 02/15/ MOTION to Dismiss Amended Shareholder Derivative Complaint by Defendant James P. McCloskey. (Attachments: # 1 Exhibit A, Part 1# 2 Exhibit A, Part 2# 3 Exhibit A, Part 3# 4 Exhibit A, Part 4# 5 Exhibit A, Part 5)(Smith, Jeffrey) (Entered: 02/15/2006) 02/15/ NOTICE of Entry of Appearance by Jeffrey Allen Smith on behalf of James P. McCloskey (Smith, Jeffrey) (Entered: 02/15/2006) 02/15/ MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint by Defendant Michael J. Snyder. (Attachments: # 1 Exhibit A# 2 Exhibit B, Part 1# 3 Exhibit B, Part 2# 4 Exhibit B, Part 3# 5 Exhibit B, Part 4# 6 Exhibit B, Part 5# 7 Exhibit B, Part 6# 8 Exhibit B, Part 7# 9 Exhibit B, Part 8# 10 Exhibit B, Part 9# 11 Exhibit B, Part 10# 12 Exhibit B, Part 11# 13 Exhibit B, Part 12# 14 Exhibit B, Part 13# 15 Exhibit C# 16 Exhibit D)(Vorbeck, Rachel) (Entered: 02/15/2006) 02/28/ AMENDED CONSOLIDATED COMPLAINT against Dennis B. Mullen, Red Robin Gourmet Burgers, Inc., James P. McCloskey, Lisa A. Dahl, Michael J. Snyder, and Katherine L. Scherping filed by Philadelphia, City of, Board of Pensions and Retirement.(Taylor, Renee) (Modified on 3/2/2006 to name all defendants) (pap, ). (Entered: 02/28/2006) 03/13/ MOTION for Order to ESTABLISH UNIFORM BRIEFING SCHEDULE ON MOTIONS TO DISMISS LEAD PLAINTIFF'S CONSOLIDATED COMPLAINT by Defendant Red Robin Gourmet Burgers, Inc.. (Attachments: # 1 Proposed Order (PDF Only) ORDER ESTABLISHING UNIFORM BRIEFING SCHEDULE)(Lear, Coates) (Entered: 03/13/2006) 03/14/ ORDER granting in part and denying in part 88 Defendant Red Robin Gourmet Burgers, Inc's Motion for Uniform Briefing Schedule on Motions to Dismiss Lead Plaintiff's Consolidated Complaint. Signed by Judge Edward W. Nottingham on 3/14/06. (pap, ) (Entered: 03/14/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint filed by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be

17 Granted, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Ex. G - Part 1, to Brief in Opposition 90 filed by Defendant Michael J. Snyder. (Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Ex. G - Part 2 to Brief In Opposition 90 filed by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Exhibits H through R to Brief in Opposition 90 filed by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Exhibit I# 2 Exhibit J# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M# 6 Exhibit N# 7 Exhibit O# 8 Exhibit P# 9 Exhibit Q# 10 Exhibit R)(Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Exhibits S through Y to Brief in Opposition 90 filed by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Exhibit T# 2 Exhibit U# 3 Exhibit V# 4 Exhibit W# 5 Exhibit X# 6 Exhibit Y)(Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Exhibit Z - Part 1 to Brief In Opposition 90 filed by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Exhibit Z - Part 2 to brief in Opposition 90 filed by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be

18 Granted, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Exhibit AA - Part 1 to Brief in Opposition filed by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Exhibit AA - Part 2 to Brief in Opposition 90 filed by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 03/17/2006) 03/17/ BRIEF in Opposition re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint Exhibits BB through EE to Brief in Opposition 90 filed by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Exhibit CC# 2 Exhibit DD# 3 Exhibit EE)(Donnelly, F.) (Entered: 03/17/2006) 04/04/ SUPPLEMENT/AMENDMENT to 90 Brief in Opposition to Motion,, Plaintiff's Notice of Supplemental Authority in Opposition to Defendants' Motions To Dismiss by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Donnelly, F.) (Entered: 04/04/2006) 04/07/ REPLY to Response to Motion re 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted filed by Consol Defendants Robert J. Merullo, James T. Rothe, Gary J. Singer, Dennis B. Mullen, Benjamin D. Graebel, Edward T. Harvey, Jr, Defendant Red Robin Gourmet Burgers, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Shoemaker, Andrew) (Entered: 04/07/2006) 04/07/ REPLY to Response to Motion re 84 MOTION to Dismiss Amended Shareholder Derivative Complaint filed by Defendant James P. McCloskey. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Smith, Jeffrey) (Entered: 04/07/2006) 04/07/ REPLY to Response to Motion re 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint filed by Defendant Michael J. Snyder. (Attachments: # 1 Exhibit A Part 1# 2 Exhibit A Part 2# 3 Exhibit A Part 3# 4 Exhibit A Part 4# 5 Exhibit A Part 5# 6 Exhibit A Part 6# 7 Exhibit A Part 7# 8 Exhibit A Part 8# 9 Exhibit A Part 9# 10 Exhibit A Part 10# 11 Exhibit A Part 11# 12 Exhibit A Part 12# 13 Exhibit B)(Vorbeck, Rachel) (Entered: 04/07/2006) 04/12/ MINUTE ORDER re: 6 MOTION to Dismiss filed by Red Robin Gourmet Burgers, Inc.,and 27 MOTION to Dismiss and Joinder in Defendant Red Robin, Inc.'s Motion to Dismiss filed by James P. McCloskey. Responses are due by April 24, Replies are due May 5, No further extensions of time will be granted. By Judge Edward W. Nottingham on 4/12/06. (Text Only Order - No Document Attached)(ewnsec, ) (Entered: 04/12/2006)

19 04/13/ NOTICE re 6 MOTION to Dismiss, 27 MOTION to Dismiss and Joinder in Defendant Red Robin, Inc.'s Motion to Dismiss Joint Notice Withdrawal of Motions to Dismiss Original Complaint (Docket Entires 6 and 27) by Defendants Red Robin Gourmet Burgers, Inc., James P. McCloskey (Smith, Jeffrey) (Entered: 04/13/2006) 04/19/ Docket Annotation 6 Defendant Red Robin's MOTION to Dismiss and 27 James P. McCloskey's MOTION to Dismiss are WITHDRAWN pursuant to 105] Joint Notice for Withdrawal of Documents 6 and 27. Text only entry - no document attached. (pap2, ) (Entered: 04/19/2006) 04/26/ MOTION for Leave to File Surreply by Consol Plaintiff Elliot Wilster. (Attachments: # 1 Certificate of Compliance with Rule 7.1(A)# 2 Plaintiff's Surreply# 3 Proposed Order (PDF Only) Proposed Order Granting Motion for Leave to File Surreply)(Donnelly, F.) (Entered: 04/26/2006) 05/01/ MOTION to Dismiss the Consolidated Complaint by Defendant James P. McCloskey. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Smith, Jeffrey) (Entered: 05/01/2006) 05/01/ MOTION to Dismiss by Consol Defendant Dennis B. Mullen, Defendants Lisa A. Dahl, Katherine L. Scherping, Red Robin Gourmet Burgers, Inc.. (Attachments: # 1 Exhibit 1, K# 2 Exhibit 2, Q# 3 Exhibit 3, 8/11/05 News Release# 4 Exhibit 4, 8/11/05 News Release# 5 Exhibit 5, 9/14/05 News Release# 6 Exhibit 6, 11/3/05 News Release# 7 Exhibit 7, Index to Unreported Cases# 8 Exhibit 7 A, Bondiett# 9 Exhibit 7 B, Earle# 10 Exhibit 7 C, Interpublic# 11 Exhibit 7 D, Invision# 12 Exhibit 7 E, Morgan# 13 Exhibit 7 F, NAHC# 14 Exhibit 7 G, Sakhrani# 15 Exhibit 7 H, Sorkin# 16 Exhibit 7 I, Tyco# 17 Exhibit 7 J, Vildaver# 18 Exhibit 7 K, Winer Family# 19 Exhibit 8, K# 20 Exhibit 9, K)(Shoemaker, Andrew) (Entered: 05/01/2006) 05/01/ MOTION to Dismiss by Defendant Michael J. Snyder. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C - Part I# 4 Exhibit C - Part II# 5 Exhibit C - Part III# 6 Exhibit C- Part IV# 7 Exhibit C - Part V# 8 Exhibit C - Part VI# 9 Exhibit D# 10 Exhibit E)(Vorbeck, Rachel) (Entered: 05/01/2006) 05/02/ CERTIFICATE of Mailing/Service for Motion to Dismiss by Defendant Michael J. Snyder. (Vorbeck, Rachel) (Entered: 05/02/2006) 05/09/ NOTICE of Entry of Appearance by Sherrie R. Savett on behalf of Philadelphia, City of, Board of Pensions and Retirement (Savett, Sherrie) (Entered: 05/09/2006) 05/16/ BRIEF in Opposition re 107 MOTION for Leave to File Surreply filed by Defendant Red Robin Gourmet Burgers, Inc.. (Shoemaker, Andrew) (Entered: 05/16/2006) 05/22/ NOTICE of Change of Address Firm Name and Addresses by Karen Jean Cody-Hopkins (Cody-Hopkins, Karen) (Entered: 05/22/2006) 05/31/ BRIEF in Opposition re 108 MOTION to Dismiss the Consolidated Complaint, 109 MOTION to Dismiss, 110 MOTION to Dismiss filed by Plaintiff Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Exhibit A# 2 Exhibit A 1# 3 Exhibit A 2# 4 Exhibit A 3# 5 Exhibit A 4# 6 Exhibit A 5# 7 Exhibit A 6# 8

20 Exhibit A 7# 9 Exhibit A 8# 10 Exhibit A 9# 11 Exhibit A 10# 12 Exhibit A 11# 13 Exhibit A 12# 14 Exhibit A 13 Part 1# 15 Exhibit A 13 Part 2# 16 Exhibit A 14# 17 Exhibit A 15 Part 1# 18 Exhibit A 15 Part 2# 19 Exhibit A 16# 20 Exhibit A 17# 21 Exhibit A 18# 22 Exhibit A 19 Part 1# 23 Exhibit A 19 Part 2# 24 Exhibit B)(Bader, Gerald) (Entered: 05/31/2006) 06/01/ NOTICE of Filing of Table of Authorities and Supplemental Authority by Plaintiff Philadelphia, City of, Board of Pensions and Retirement (Attachments: # 1 Exhibit A# 2 Exhibit B)(Bader, Gerald) (Entered: 06/01/2006) 06/05/ MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 06/05/2006) 06/05/ DECLARATION of Caroline A. Schnurer regarding MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof117 by Consol Plaintiff Elliot Wilster. (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)(Donnelly, F.) (Entered: 06/05/2006) 06/06/ MEMORANDUM referring to Magistrate Judge Boland : 117 MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof filed by Elliot Wilster, entered by Judge Edward W. Nottingham on 6/6/06. (Text Only Entry - No Document Attached) (ewnsec, ) (Entered: 06/06/2006) 06/06/ CERTIFICATE of Mailing/Service re 117 MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof, 118 Declaration, by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 06/06/2006) 06/06/ MINUTE ORDER Defendants shall respond on or before 6/26/ Plaintiff's MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof, Motion Hearing set for 7/13/ :00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 6/6/06. (pap, ) (Entered: 06/06/2006) 06/09/ NOTICE of Entry of Appearance by Russell D. Paul on behalf of Philadelphia, City of, Board of Pensions and Retirement (Paul, Russell) (Entered: 06/09/2006) 06/19/ REPLY to Response to Motion re 108 MOTION to Dismiss the Consolidated Complaint filed by Defendant James P. McCloskey. (Attachments: # 1 Exhibit 1)(Schwartz, Paul) (Entered: 06/19/2006) 06/19/ REPLY to Response to Motion re 109 MOTION to Dismiss filed by Consol Defendant Dennis B. Mullen, Defendants Lisa A. Dahl, Katherine L. Scherping, Red Robin Gourmet Burgers, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4 (part 1 of 2)# 5 Exhibit 4 (part 2 of 2))(Shoemaker, Andrew) (Entered: 06/19/2006) 06/19/ REPLY to Response to Motion re 110 MOTION to Dismiss filed by Defendant Michael J. Snyder. (Attachments: # 1 Unreported case Part 1 of 6# 2 Unreported case part 2# 3 Unreported case part 3# 4 Unreported case part 4# 5 Unreported case

21 part 5# 6 Unreport case part 6 I# 7 Unreported case 6 II# 8 Certificate of Service)(Vorbeck, Rachel) (Entered: 06/19/2006) 06/26/ JOINDER in the Response to Plaintiff's Motion to Compel Production of Documents & Response to Interrogatories filed by Defendant Red Robin Gourmet Burgers, Inc. by Defendant Michael J. Snyder. (Smith, Pamela) (Entered: 06/26/2006) 06/26/ RESPONSE to Motion re 117 MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof filed by Defendant Red Robin Gourmet Burgers, Inc.. (Shoemaker, Andrew) (Entered: 06/26/2006) 07/11/ REPLY to Response to Motion re 117 MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof filed by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 07/11/2006) 07/11/ CERTIFICATE of Mailing/Service re 128 Reply to Response to Motion To Compel Production of Documents and responses to Interrogatories by Consol Plaintiff Elliot Wilster. (Donnelly, F.) (Entered: 07/11/2006) 07/13/ Minute Entry for proceedings held before Judge Boyd N. Boland : Motion Hearing held on 7/13/2006 Denying 117 MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof filed by Elliot Wilster. (Court Reporter FTR Geneva D. Mattei.) (pap, ) (Entered: 07/13/2006) 07/13/ ORDER Denying 117 Consol Plaintiff Elliot Wilster's MOTION to Compel Production of Documents and Responses to Interrogatories and Memorandum in Support Thereof. Signed by Magistrate Judge Boyd N. Boland on 7/13/06. (pap, ) (Entered: 07/13/2006) 07/13/ NOTICE re 102 Reply to Response to Motion, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint of Supplemental Authority Regarding No Private Right of Action Under Section 304 of the Sarbanes-Oxley Act by Defendant James P. McCloskey (Attachments: # 1 Exhibit A)(Smith, Jeffrey) (Entered: 07/13/2006) 07/18/ MINUTE ORDER: Motion Hearing set for 8/4/ :00 PM before Judge Edward W. Nottingham regarding 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint, 83 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to State A Claim on Which Relief May Be Granted107 MOTION for Leave to File Surreply, 82 MOTION to Dismiss Amended Shareholder Derivative Complaint for Failure to Plead Demand Futility, 84 MOTION to Dismiss Amended Shareholder Derivative Complaint, entered by Judge Edward W. Nottingham on 7/18/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 07/18/2006) 08/02/ MOTION to Supplement 86 MOTION to Dismiss Wilster's Verified Amended Shareholder Derivative Complaint to Cite Supplemental Authority in Support by Defendant Michael J. Snyder. (Attachments: # 1 Exhibit A)(Smith, Pamela) (Entered: 08/02/2006)

22 08/03/ ORDER AND MEMORANDUM OF DECISION; Granting 82 Defendant Red Robin's motion to dismiss for failure to plead demand futility. Granting in part and Denying in part 83 Defendants Rothe's, Singer's, Mullen's, Graebel's, and Harvey's motion to dismiss. Granting in part and Denying in part 84 Defendant McCloskey's motion to dismiss. Granting in part and Denying in part 86 Defendant Snyder's motion to dismiss. Denying as Moot 107 Plaintiff's motion for leave to file a surreply. Denying as Moot 134 Defendant Snyder's motion to supplement his motion to dismiss. The motions hearing scheduled for Friday, August 4, 2006, is VACATED. Signed by Judge Edward W. Nottingham on 8/3/06. (pap, ) (Entered: 08/03/2006) 08/08/ TRANSCRIPT of Motions Hearing held on 7/13/06 before Magistrate Judge Boyd N. Boland. Prepared by: Avery/Woods Reporting Service, Inc. Pages: 15. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (pap, ) (Entered: 08/10/2006) 08/30/ NOTICE OF APPEAL as to 135 Memorandum & Opinion,,, Terminate Deadlines and Hearings,, by Consol Plaintiff Elliot Wilster (Donnelly, F.) (Entered: 08/30/2006) 08/30/ LETTER re Appeal to all counsel advising of the transmittal of the 137 Notice of Appeal filed by Elliot Wilster to the U.S. Court of Appeals. (Retained counsel, Fees paid) (Attachments: # 1 Notice of Appeal# 2 Docket Sheet# 3 Receipt)(bjr2, ) (Entered: 08/31/2006) 09/13/ TRANSCRIPT ORDER FORM re 137 Notice of Appeal by Consol Plaintiff Elliot Wilster (Donnelly, F.) (Entered: 09/13/2006) 09/14/ LETTER TO USCA and all counsel certifying the record is complete as to 137 Notice of Appeal filed by Elliot Wilster. ( Appeal No ) (bjr2, ) (Entered: 09/14/2006) 10/03/ NOTICE of Change of Firm Name by Counsel for Defendant James P. McCloskey by Defendant James P. McCloskey (Nesland, James) (Entered: 10/03/2006) 10/03/ NOTICE of Firm Name Change by Interested Parties Kenneth P. Ray, Arlene D. Ray, Miguel Jorge (Shuman, Kip) (Entered: 10/03/2006) 12/07/ MINUTE ORDER: Motion Hearing set for 12/21/2006 from 10:30 AM to 10:45 AM before Judge Edward W. Nottingham regarding 110 MOTION to Dismiss filed by Michael J. Snyder, 108 MOTION to Dismiss the Consolidated Complaint filed by James P. McCloskey, 109 MOTION to Dismiss filed by Dennis B. Mullen, Lisa A. Dahl, Red Robin Gourmet Burgers, Inc., Katherine L. Scherping. Entered by Judge Edward W. Nottingham on 12/7/06. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 12/07/2006) 12/12/ Unopposed MOTION for Leave to Appear Telephonically by Plaintiff Philadelphia, City of, Board of Pensions and Retirement. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(taylor, Renee) (Entered: 12/12/2006) 12/12/ MINUTE ORDER granting 144 Motion to Appear Telephonically. Counsel for