US District Court for the Southern District of New York

Transcription

1 US District Court Civil Docket as of 02/03/2004 Docket retrieved from the court on Wednesday, May 5, 2004 US District Court for the Southern District of New York 1:97cv5318 Berwecky, et al v. Bear Sterns & Co, et al Date Filed: 07/21/1997 Assigned To: Judge John E Sprizzo Referred To: Nature of suit: Stockholders' Suits (160) Cause: Securities Exchange Act Lead Docket: None Other Docket: None Jurisdiction: Federal Question John Berwecky Litigants Class Code: CLOSED, LEAD Closed: Yes Statute: 15:78m(a) Jury Demand: Plaintiff Demand Amount: $0 Attorneys Jonathan M Plasse Goodkind Labaton Rudoff & Sucharow LLP 100 Park Avenue New York, NY (212) Fax : (212) Jplasse@glrslaw.com Scott Stackman, on Behalf of Themselves and All Others Similarly Situated Jonathan M Plasse Goodkind Labaton Rudoff & Sucharow LLP 100 Park Avenue

2 New York, NY (212) Fax : (212) Jplasse@glrslaw.com Paul David Young Milberg Weiss Bershad & Schulman LLP (NYC) New York, NY Fax : v. Bear, Sterns & Company, Inc DEFENDANT Dennis J Block Cadwalader, Wickersham & Taft 100 Maiden Lane New York, NY (212) Stephen M Sacks Arnold & Porter 555 Twelfth Street, NW Washington, DC (202) Bear, Sterns Securities Corp DEFENDANT Stephen M Sacks Arnold & Porter 555 Twelfth Street, NW Washington, DC

3 (202) Richard Harriton DEFENDANT Howard Wilson Rosenman & Colin 575 Madison Avenue New York, NY Jack Perry, on Behalf of Himself and All Others Similarly Situated Consol Malcolm Coster Consol Tom Frystock, Sr Consol

4 Kevin Gillis Consol Neil Leroy Consol

5 Peter Bailey Consol Green Developments Consol Howard Schubert Consol

6 Florence Schubert Consol Patrick Burgess Consol Date # Proceeding Text 07/21/ COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ RECEIPT # (jp) (Entered: 07/22/1997) 07/21/ Rule 9 certificate filed by John Berwecky, Scott Stackman (jp) (Entered: 07/22/1997) 07/21/ Magistrate Judge Dolinger is so Designated. (jp) (Entered: 07/22/1997)

7 08/13/ Affidavit of service as to Bear, Sterns Secur. by William Mallery on 7/24/97 Answer due on 8/13/97 for Bear, Sterns Secur. (cd) (Entered: 08/18/1997) 08/13/ Affidavit of service as to Bear Sterns & Co. by Mini Ka on 7/24/97 Answer due on 8/13/97 for Bear Sterns & Co. (cd) (Entered: 08/18/1997) 08/13/ Affidavit of service as to Richard Harriton by Mimi Ka on 7/24/97 Answer due on 8/13/97 for Richard Harriton (cd) (Entered: 08/18/1997) 08/21/ STIPULATION and ORDER for extension of time, reset answer due for 10/3/97 for Bear Sterns & Co., for Bear, Sterns Secur., for Richard Harriton ( signed by Judge John E. Sprizzo ). (lam) (Entered: 08/21/1997) 09/19/ NOTICE OF MOTION by pltffs John Berwecky, Scott Stackman, and Jack Perry, along with Malcolm Coster, Tom Frystock, Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Schubert, Florence Schubert anfd Patrick Burgess (collectively, the "movants") for consolidation of cases 97cv5318(JES) and 97cv6257(UA) ; for appointment of Movants as lead pltffs in the actions ; and for approval of Movants' choice of co-lead counsel. Return date (lam) Modified on 09/23/1997 (Entered: 09/23/1997) 09/19/ MEMORANDUM by pltffs and movants in support of [5-1] motion for consolidation of cases 97cv5318(JES) and 97cv6257(UA), [5-2] motion for appointment of Movants as lead pltffs in the actions, [5-3] motion for approval of Movants' choice of co-lead counsel (lam) Modified on 09/23/1997 (Entered: 09/23/1997) 09/19/ AFFIDAVIT in support of Johathan M. Plasse, atty for John Berwecky, Scott Stackman Re: [5-1] motion for consolidation of cases 97cv5318(JES) and 97cv6257(UA), [5-2] motion for appointment of Movants as lead pltffs in the actions, [5-3] motion for approval of Movants' choice of co-lead counsel (lam) (Entered: 09/23/1997) 10/20/ STIPULATION and SCHEDULING ORDER, Pltffs in the Actions (97cv5318 and 97cv6257) shall file the motion(s) purs to the PSLRA for appointment of lead pltffs on or before 9/19/97 ; Defts Bear Stearns Securities Corp., Bear Stearns & Co. and Richard Harriton need not answer or respond to the Complaints, including a motion to dismiss the complaints, until after the filing of the Amended Complaint ; Pltffs shall file an amended consolidated class action complaint no later than 45 days after the entry of an order appointing Lead Pltff(s) and Lead Counsel, defts shall answer within days after service of the Amended Complaint ; If any deft files a motion to dismiss with respect to the complaint or the amended complaint, the response to such motion to dismiss shall be 45 days after filing of motion; any reply memorandum shall be filed within 30 days of the filing of the response; a motion for class certification shall be filed within 30 days after any deft files an answer; within 45 days following the filing of any answer by any deft, the parties shall confer to agree upon a discovery schedule relating to class certification and a schedule for briefing with respect to such motion to certify a class; proper service of the Summons and Complaint upon all defts shall deemed to have occurred upon the date of this Stipulation (signed by Judge John E. Sprizzo ). (lam) Modified on 10/24/1997 (Entered: 10/21/1997) 01/16/ ORDER granting [5-1] motion for consolidation of cases 97cv5318(JES) and 97cv6257(UA); granting [5-2] motion for appointment of Movants as lead pltffs in the actions: pltffs John Berwecky, Scott Stackman and Jack Perry, and class members Malcolm Coster, Tom Frystock, Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green

8 Developments, Howard Schubert, Florence Schubert and Patrick Burgess, are appointed as Lead Pltffs in the actions; granting [5-3] motion for approval of Movants' choice of co-lead counsel: The law firms of Goodkind Labaton Rudoff & Sucharow LLP, Finkelstein Thomson & Loughran, and Milberg Weiss Bershad Hynes & Lerach LLP are appointed Co-Lead Cousel ( signed by Judge John E. Sprizzo ); Copies mailed (lam) (Entered: 01/21/1998) 01/16/ Consolidated Lead Case (lam) (Entered: 01/21/1998) 02/26/ STIPULATION and SCHEDULING ORDER, reset amended class action complaint due for 4/1/98 ; the time for defts to answer is extended to 5/18/98 ( signed by Judge John E. Sprizzo ). (lam) (Entered: 03/03/1998) 04/01/ AMENDED AND CONSOLIDATED CLASS ACTION COMPLAINT by John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, Patrick Burgess (Answer due 10/3/97 ) amending [1-1] complaint; Summons issued. (lam) (Entered: 04/07/1998) 04/01/ DEMAND for jury trial by John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, Patrick Burgess (lam) (Entered: 04/07/1998) 05/08/ STIPULATION and SCHEDULING ORDER, reset answer due for 6/18/98 for Richard Harriton, for Bear, Sterns Secur., for Bear Sterns Co. ; in the event defts move to dismiss the consolidated Amended Class Action Complaint, pltffs' response to the motion shall be served no later than 8/12/98 ( signed by Judge John E. Sprizzo ). (lam) (Entered: 05/08/1998) 06/18/ NOTICE OF MOTION by Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton to dismiss the Amended and Consolidated Class Action Complaint. Return date (lam) (Entered: 06/19/1998) 06/18/ MEMORANDUM by Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton in support of [13-1] motion to dismiss Amended and Consolidated Class Action Complaint (lam) (Entered: 06/19/1998) 06/18/ AFFIDAVIT in support of Dennis J. Block, atty for Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton Re: [13-1] motion to dismiss the Amended and Consolidated Class Action Complaint (lam) (Entered: 06/19/1998) 06/18/ Rule 1.9 certificate filed by Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton (lam) (Entered: 06/19/1998) 08/12/ MEMORANDUM by John Berwecky, Scott Stackman in opposition to [13-1] motion to dismiss the Amended and Consolidated Class Action Complaint (lam) (Entered: 08/14/1998) 09/30/ STIPULATION and ORDER, substituting attorney Cadwalader Wickersham & Taft in place of Weil Gotshal & Manages LLP as Counsel of Record for Bear Sterns & Co. ( signed by Judge John E. Sprizzo ). (lam) (Entered: 10/05/1998) 10/27/ ORDER denying [13-1] motion to dismiss the Amended and Consolidated Class Action Complaint; Denied for the reasons set forth upon the Record at Oral Argument; the parties shall complete all discovery on or before 4/16/99 ; pretrial conference set

9 for 1:00 p.m. on 5/7/99 in Courtroom 705, 40 Centre Street (signed Judge John E. Sprizzo); Copies mailed. (kg) (Entered: 10/28/1998) 11/18/ STIPULATION and ORDER for extension of time, reset answer to the Amended and Consolidated Class Action Complaint due for 11/30/98 for Richard Harriton, for Bear, Sterns Secur., for Bear Sterns Co. ( signed by Judge John E. Sprizzo ). (lam) (Entered: 11/19/1998) 12/01/ ANSWER by Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton to amended consolidated class action complaint; by attorney Dennis J. Block. (lam) (Entered: 12/03/1998) 12/04/ Transcript of record of proceedings filed for dates of 10/16/98 before Judge Sprizzo. (lam) (Entered: 12/04/1998) 01/11/ NOTICE OF MOTION by plaintiffs for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action on behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies and Brown Bag Companies during the period from 7/20/95 through and including 6/28/96 (the "Class Period") and were damaged (kw) (Entered: 01/13/1999) 01/11/ MEMORANDUM by plaintiffs in support of [23-1] motion for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action on behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies and Brown Bag Companies during the period from 7/20/95 through and including 6/28/96 (the "Class Period") and were damaged. (kw) (Entered: 01/13/1999) 01/26/ STIPULATION and ORDER, reset discovery due for 10/13/99 ( signed by Judge John E. Sprizzo ). (kw) (Entered: 01/27/1999) 02/01/ STIPULATION and ORDER, defendants' time to serve papers in opposition to plaintiffs' motion for class certification is extended to and including 2/18/99 ( signed by Judge John E. Sprizzo ). (kw) (Entered: 02/04/1999) 02/19/ MEMORANDUM by Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton in opposition to [23-1] motion for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action on behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies and Brown Bag Companies during the period from 7/20/95 through and including 6/28/96 (the "Class Period") and were damaged (lam) (Entered: 02/22/1999) 02/19/ AFFIDAVIT in support of Dennis J. Block, atty for Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton Re: [27-1] opposition memorandum (lam) (Entered: 02/22/1999) 02/19/ AFFIDAVIT in support of Burt Moskowitz, Managing Dir. in the Internal Audit Dept. of Bear Sterns & Co., Bear, Sterns Secur. Re: [27-1] opposition memorandum (lam) (Entered: 02/22/1999) 03/08/ NOTICE of attorney appearance for John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, and Patrick Burgess by Nicholas E. Chimicles. (kw) (Entered: 03/08/1999)

10 03/26/ NOTICE of attorney appearance for Bear Sterns & Co., and Bear, Sterns Secur. by Stephen M. Sacks. (kw) (Entered: 03/30/1999) 04/06/ ORDER, staying all discovery, except discovery relating to the issue of class certification, until 6/30/99 ; for leave for defts to file supplemental memo of law in opposition to plntfs' motion for class certification ; set oral argument for 1:30 9/18/99 with repsect to the motion for class certification ; for leave to file plntf's motion for partial summary judgment ; set pre-trial conference for 10:45 5/7/99 ( signed by Judge John E. Sprizzo ); Copies mailed (cd) (Entered: 04/07/1999) 04/21/ NOTICE OF MOTION by John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, Patrick Burgess for partial summary judgment ; or order specifying facts that appear without substantial controversy. With Rule 56.1 Statement attached. Return date not indicated. (lam) (Entered: 04/23/1999) 04/21/ MEMORANDUM by John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, Patrick Burgess in support of [33-1] motion for partial summary judgment, [33-2] motion order specifying facts that appear without substantial controversy (lam) (Entered: 04/23/1999) 04/21/ AFFIDAVIT in support of Joel H. Bernstein, atty for by John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, Patrick Burgess Re: [33-1] motion for partial summary judgment, [33-2] motion order specifying facts that appear without substantial controversy (lam) (Entered: 04/23/1999) 05/07/ Pre-trial conference held before Judge Sprizzo. (lam) (Entered: 05/14/1999) 05/12/ ORDER, denying pltff's [33-1] motion for partial summary judgment; denying [33-2] motion for specifying facts that appear without substantial controversy; that, should further proceedings in this case reveal that defts lack a colorable basis for their denial that A.R. Baron and its officers and employees engaged in a securities fraud and stock manipulation scheme, as alleged in the 5/9/97 indictment of the Grand Jury of the County of New York against A. R. Baron and a number of its officers and employees, this Court shall entertain an appropriate motion for an award of costs and atty fees purs to Rule 11, FRCP, or 28 U.S.C ( signed by Judge John E. Sprizzo ); Copies mailed (lam) (Entered: 05/14/1999) 08/26/ ORDER, reset oral argument for 2:00 9/15/99 ( signed by Judge John E. Sprizzo ); Copies mailed. (lam) (Entered: 08/26/1999) 09/01/ MEMORANDUM by Bear Sterns & Co., Bear, Sterns Secur., and Richard Harriton in opposition to [23-1] motion for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action on behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies and Brown Bag Companies during the period from 7/20/95 through and including 6/28/96 (the "Class Period") and were damaged. (kw) (Entered: 09/03/1999) 09/01/ AFFIDAVIT of Dennis J. Block by Bear Sterns & Co., Bear, Sterns Secur., and Richard Harriton in support of Re: [38-1] opposition memorandum. (kw) (Entered:

11 09/03/1999) 09/03/ ORDER, reset oral argument for 1:30 9/24/99 ; pltffs' time to file their reply shall be extended until 9/10/99 (signed by Judge John E. Sprizzo ); Copies mailed. (lam) (Entered: 09/07/1999) 09/10/ REPLY MEMORANDUM by John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, Patrick Burgess in further support of their [23-1] motion for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies and Brown Bag Companies during the period from 7/20/95 through and including 6/28/96 (the "Class Period") and were damaged (lam) (Entered: 09/13/1999) 09/10/ AFFIDAVIT of Paul D. Young, atty for John Berwecky, Scott Stackman, Jack Perry, Malcolm Coster, Tom Frystock Sr., Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert, Patrick Burgess in support Re: [41-1] reply memorandum; in further support of their [23-1] motion for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action on behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies and Brown Bag Companies during the period from 7/20/95 through and including 6/28/96 (the "Class Period") and were damaged. (lam) (Entered: 09/13/1999) 09/24/ STIPULATION and ORDER dropping parties; that purs to FRCP Rule 21 Frystock, Berwecky and Burgess be dropped as pltff in the action without prejudice to (a) continuation of this Action by other Lead Pltffs and (b) participation in the action by Frystock (or Frystock's estate, Berwecky and Burgess as absent class members in the event the Court certifies the class and (c) any defense which defts may assert ( signed by Judge John E. Sprizzo ) (lam) (Entered: 09/28/1999) 09/27/ SUPPLEMENTAL MEMORANDUM by John Berwecky in support of [23-1] motion for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action on behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies and Brown Bag Companies during the period from 7/20/95 through and including 6/28/96 (the "Class Period") and were damaged. (kw) (Entered: 09/29/1999) 11/08/ Transcript of record of proceedings before Judge John E. Sprizzo for the date(s) of 9/24/99. (lam) (Entered: 11/08/1999) 09/20/ MEMORANDUM OPINION AND ORDER #84563; granting [23-1] motion for an order pursuant to Rules 23(a) and 23(b)(3) of the FRCP, permitting this action to be maintained as a class action on behalf of a plaintiff class (the "Class") of persons who purchased from A.R. Baron ("Baron") the securites of the Promoted Companies during the period from 7/20/95 through and including (the "Class Period") and were damaged. Counsel for pltffs shall serve on defts and submit, purs. to FRCP 23(c)(2), a proposed form of notice to the class on or before 9/29/00. Defts shall file any objections to the proposed notice on before 10/31/00. ( signed by Judge John E. Sprizzo ); Copies mailed. (sac) Modified on 09/25/2000 (Entered: 09/21/2000) 10/31/ Objection(s) by Bear Sterns & Co., Bear, Sterns Secur., Richard Harriton to summry

12 Notice of Pendency of Class Action, Notie of Class Action and Proposed Order (cd) (Entered: 11/01/2000) 11/13/ RESPONSE by plaintiffs to Re: [47-1] defendants' objections to summary notice of pendency of class action, notice of class action and proposed order. (kw) (Entered: 11/15/2000) 12/04/ ORDER, plntfs' counsel shall cause the Notice of Pendency, substantially in the form annexed hereto, to be mailed, postage prepaid, within 45 days of the entry of this Order, to all Class Members who can be identified with reasonable effort by plntfs' counsel. Defts shall cooperate by providing all information reasonably necessary for the purpose of identifying and giving notice to the Class, as further set forth in this document ( signed by Judge John E. Sprizzo ); Copies mailed. (cd) (Entered: 12/05/2000) 12/27/ ORDER, the parties shall comply with all of the discovery orders of the Court as discussed on the record at the aforementioned conference ; all fact discovery due for 6/15/01; all expert discovery shall be completed on or before 7/15/01; pltffs shall designate their expert witness(es) on or before 6/21 and defts shall designate their expert witness(es) on or before 6/28/01 ; set pre-trial conference for 3:00 p.m. on 4/9/01. ( signed by Judge John E. Sprizzo ); Copies mailed. (kg) (Entered: 12/28/2000) 02/01/ Transcript of record of proceedings before Judge John E. Sprizzo on 12/21/00. (kw) (Entered: 02/01/2001) 03/02/ STIPULATION and ORDER for SUBSTITUTION OF ATTORNEYS; that Rosenman & Colin LLP, is substituted in place of Cadwalader, Wickersham & Taft as attnys. for deft Richard Harriton in this action ( signed by Judge John E. Sprizzo ) (lf) (Entered: 03/02/2001) 03/27/ ORDER; the time for the completion of fact discovery shall be extended until December 31, 2001 ; the time for the completion of expert discovery shall be extended until January 31, 2001 ; the parties shall submit a joint pre-tiral order as to liability issues in accordance with this Court's Individual Rules and Procedures, on or before February 28, 2002 ; no extensions of the aforementioned deadlines shall be granted for any reason; a trial as to liability issues shall commence on April 2, 2002 at 11:00 a.m. ; ( signed by Judge John E. Sprizzo ); Copies mailed. (djc) (Entered: 03/28/2001) 03/27/ ORDER: the time for the completion of fact discovery is extended until 12/31/01 ; that the time for the completion of expert discovery is extended until 1/31/02 ; the parties are to submit a joint pre-trial order as to liability issues in accordance with this Court's Individual Rules and Procedures, on or before 2/28/02. No extensions of the aforementioned deadlines shall be granted for any reason. That a trial as to liability issues shall commence on 4/2/01 at 11:00 a.m. ( signed by Judge John E. Sprizzo ); Copies mailed. (sac) (Entered: 03/28/2001) 05/03/ ORDER; a pre-trial conference shall be held on 06/04/01 at 3:00 p.m. in Courtroom 705, 40 Centre Street ; ( signed by Judge John E. Sprizzo ); Copies mailed. (djc) (Entered: 05/03/2001) 06/05/ Letter addressed to the Clerk of Court from Brian Stamper, dated 5/2/01, re: change of address to 'Beagles End', 9 Goughs Lane, Knutsford, Cheshire, WA16 8QL, United Kingdom (Brian Stamper is not a party in these cases) (lam) (Entered: 06/07/2001)

13 06/06/ ORDER; that the parties shall comply with the discovery Orders of the Court in the manner described on the record at the 6/4/01 pre-trial conference ; a pre-trial conference shall occur on 9/11/01 at 4:30 p.m. in Courtroom 705, 40 Centre Street. ( signed by Judge John E. Sprizzo ); Copies mailed. (kkc) (Entered: 06/07/2001) 07/30/ Transcript of record of proceedings before Judge John E. Sprizzo on 6/4/01. (kw) (Entered: 07/31/2001) 07/30/ Transcript of record of proceedings before Judge John E. Sprizzo on 6/4/01. (kw) (Entered: 07/31/2001) 11/02/ ORDER, all discovery shall be stayed until 1/7/02 ; set pre-trial conference for 3:00 p.m. on 1/7/02. ( signed by Judge John E. Sprizzo ); Copies mailed. (kw) (Entered: 11/02/2001) 01/11/ STIPULATION and ORDER, counsel to adjourn the conference with the Court scheduled for 1/7/02 to 2/4/02 at 3:00 p.m. and that the stay of discovery shall continue in effect until 2/4/02. ( signed by Judge John E. Sprizzo ) (kw) (Entered: 01/15/2002) 03/06/ STIPULATION and ORDER, the stay of discovery shall be extended to 3/16/02 ; set pre-trial conference for 3:00 p.m. on 3/6/02. ( signed by Judge John E. Sprizzo ) (kw) (Entered: 03/12/2002) 03/08/ STIPULATION and ORDER, adjourning the 4/2/02 trial date, pending a determination of the outcome of the parties' settlement discussions and, should such discussions prove unfruitful, to allow a reasonable opportunity to conduct the discovery already planned for in connection with this action (including the postponed depositions) ; extending the stay of discovery time to 3/16/02 ; and per the Court's directive, the Court will hold a pre-trial conference on p.m. ( signed by Judge John E. Sprizzo ) (kg) (Entered: 03/11/2002) 03/12/ ORDER; that all discovery shall be stayed until 5/6/02 ; a pre-trial conference shall occur on 5/13/02 at 3:00 p.m. in Courtroom 705, 40 Centre Street. ( signed by Judge John E. Sprizzo ); Copies mailed. (kkc) (Entered: 03/13/2002) 04/30/ Transcript of record of proceedings before Judge John E. Sprizzo for the date(s) of 3/6/02. (tr) (Entered: 04/30/2002) 05/15/ ORDER, that a pretrial conference shall occur at 3:00 p.m., on 6/5/02, in Courtroom 705, 40 Centre Street. ( signed by Judge John E. Sprizzo ); Copies mailed. (tp) (Entered: 05/15/2002) 06/12/ STIPULATION and ORDER, reset pretrial conference for 3:00 p.m. on 6/17/02 and the stay of discovery shall continue in effect until 6/17/02. ( signed by Judge John E. Sprizzo ) (kw) (Entered: 06/14/2002) 07/24/ PRELIMINARY ORDER in Connection with Settlement Proceedings; that a hearing (the "Settlement Fairness Hearing") pursuant to FRCP 23(e) is scheduled to be held before the Court on 11/1/02 at 3:00 p.m., for purposes as set forth in this Order. ( signed by Judge John E. Sprizzo ); Copies mailed. (kkc) (Entered: 07/25/2002) 09/09/ NOTICE of Opposition to the Fairness, Reasonableness and Adequacy of the Settlement. (sb) (Entered: 09/16/2002) 10/28/ DECLARATION of Paul D. Young by Scott Stackman, Jack Perry, Malcolm Coster, Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert in support of: the proposed settlement and application for an award

14 of attorneys' fees and expenses. (dle) (Entered: 10/30/2002) 10/28/ MEMORANDUM OF LAW by Scott Stackman, Jack Perry, Malcolm Coster, Kevin Gillis, Neil LeRoy, Peter Bailey, Green Developments, Howard Schubert, Florence Schubert in support of the proposed settlement and application for an award of attorneys' fees and expenses. (dle) (Entered: 10/30/2002) 11/08/ ORDER AND FINAL JUDGMENT; that the complaint, which the Court finds was filed on a good faith basis in accordance with the Private Securities Litigation Reform Act and Rule 11 of the F.R.C.P. based upon all publicly available information, is dismissed with prejudice and without costs, except as provided in the stipulation, as against the defendants; members of the class and the successors and assigns of any of them, are permanently barred and enjoined as set forth in this Judgment; the defendants and the successors and assigns of any of them, are permanently barred and enjoined as set forth in this Judgment; plaintiffs' counsel are awarded the sum of $2,000,000 in fees and for reimbursement of expenses; Bear Stearns shall pay such amounts to plaintiffs' co-lead counsel within 10 days from the date hereof; the award of attorneys' fees shall be allocated among plaintiffs' in a fashion which, in the opinion of plaintiffs' co-lead counsel, fairly compensates plaintiffs' counsel for their respective contributions in the prosecution of the action. ( signed by Judge John E. Sprizzo ); Mailed copies and notice of right to appeal. Entered On Docket: 11/13/02. (kkc) (Entered: 11/13/2002) 11/08/ Case closed. (kkc) (Entered: 11/13/2002) 02/03/ MOTION for an order, approving the adminstrative determinations of Gilardi and Co. LLC accepting and rejecting claims submitted herein; (ii) directing payment of $126,267 by Bear Stearns to Gilardi and Co. for its fees and expense in connection with the administration of the Settlement; (iii) directing Bear Stearns to distribute the Additional Amounts calculated for Authorized Claimants; (iv) authorizing destruction of paper copies of Proof of Claim forms one year after distribution of the Additional Amounts, and authorizing destruction of electronic copies of claim records three years after distribution of the Additional Amounts. Document filed by Peter Bailey, Malcolm Coster, Kevin Gillis, Green Developments, Neil LeRoy, Jack Perry, Florence Schubert, Howard Schubert, Scott Stackman. (sac, ) (Entered: 02/09/2004) 02/03/ AFFIDAVIT of Robert E. Forrest in Support re: [73] MOTION for Settlement. Document filed by Peter Bailey, Malcolm Coster, Kevin Gillis, Green Developments, Neil LeRoy, Jack Perry, Florence Schubert, Howard Schubert, Scott Stackman. (sac, ) (Entered: 02/09/2004) 02/03/ AFFIDAVIT of George A. Bauer, III in Support re: [73] MOTION for Settlement. Document filed by Peter Bailey, Malcolm Coster, Kevin Gillis, Green Developments, Neil LeRoy, Jack Perry, Florence Schubert, Howard Schubert, Scott Stackman. (sac, ) (Entered: 02/09/2004) 02/03/ DECLARATION of Derek J.T. Adler Re: based on personal knowledge. (sac, ) (Entered: 02/09/2004)