U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:01-cv JAG

Transcription

1 US District Court Civil Docket as of 01/20/2005 Retrieved from the court on Monday, August 01, 2005 U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:01-cv JAG DAVID, et al v. NICE SYSTEMS LTD, et al Assigned to: Judge Joseph A. Greenaway, Jr. Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 02/14/2001 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question In Re IN RE NICE SYSTEMS LTD. SECURITIES LITIGATION Movant ZEEV SHALIT represented by ANDREW ROBERT JACOBS EPSTEIN FITZSIMMONS BROWN GIOIA JACOBS & SPROULS 245 GREEN VILLAGE ROAD PO BOX 901 CHATHAM TOWNSHIP, NJ (973) Movant SHAUL TUBIDIAN represented by ANDREW ROBERT JACOBS Plaintiff NAHUM DAVID represented by MICHAEL GOGAL RIKER, DANZIG ONE SPEEDWELL AVENUE MORRISTOWN, NJ Plaintiff ALTSHULER-SHAHAM MUTUAL represented by MICHAEL GOGAL

2 FUND MANAGEMENT LTD on behalf of themselves and all others similarly situated Plaintiff AFIKIM MANAGEMENT OF MUTUAL FUNDS (1989) LTD. represented by ANDREW ROBERT JACOBS Plaintiff ADAM BYRNE represented by GARY S. GRAIFMAN KANTROWITZ, GOLDHAMER & GRAIFMAN, ESQS. 210 SUMMIT AVENUE MONTVALE, NJ (201) Plaintiff DRESDNERBANK INVESTMENT MANAGEMENT represented by GARY S. GRAIFMAN Plaintiff E.H. TEPE CO., INC. represented by GARY S. GRAIFMAN V. SCOTT ANDREW KRING represented by GARY S. GRAIFMAN KHAIKIN SERGEY on behalf of himself and all others similarly situated represented by WILLIAM J. PINILIS PINILIS HALPERN, LLP 237 SOUTH STREET MORRISTOWN, NJ (973)

3 SHINNECOCK CAPITAL LLC, on behalf of itself and all others similarly situated represented by ROBERT J. BERG BERNSTEIN LIEBHARD & LIFSHITZ, LLP 2050 CENTER AVENUE SUITE 200 FORT LEE, NJ LASCHIVER SERGE represented by WILLIAM J. PINILIS JAY SHAPIRO on behalf of himself and all others similarly situated represented by ANDREW ROBERT JACOBS BENJAMIN Z. LAUFER on behalf of himself and all others similarly situated represented by ROBERT J. BERG GIL DORANI on behalf of himself and all others similary situated represented by ANDREW ROBERT JACOBS DINA COHEN represented by GARY S. GRAIFMAN

4 PAUL LIBISZOWSKI represented by GARY S. GRAIFMAN SHELDON M. GOLOMBECK represented by JOSEPH J. DEPALMA LITE, DEPALMA, GREENBERG & RIVAS, LLC TWO GATEWAY CENTER 12TH FLOOR NEWARK, NJ (973) JAY D. SMITH on behalf of himself and all others similarly situated represented by WILLIAM J. PINILIS YUNUS DADABHOY on behalf of himself and all others similarly situated represented by WILLIAM J. PINILIS LINDA ADLER individually and on behalf of all other persons similarly situated represented by PETER L. MASNIK KALIKMAN AND MASNIK 30 WASHINGTON AVENUE HADDONFIELD, NJ (856) V. Defendant NICE SYSTEMS LTD represented by JAMES W. BROWN SKADDEN, ARPS, SLATE, MEAGHER & FLOM

5 A NEW YORK LIMITED LIABILITY PARTNERSHIP ONE NEWARK CENTER NEWARK, NJ (973) Defendant BENJAMIN LEVIN represented by JAMES W. BROWN Defendant HAIM SHANI represented by JAMES W. BROWN Defendant LAURI A. HANOVER represented by JAMES W. BROWN V. Consol Defendant AVRAHAM LAZAR represented by JAMES W. BROWN Consol Defendant YUVAL YANAI represented by JAMES W. BROWN Consol Defendant MORGAN STURDY Consol Defendant DAPHNA KEDEMI

6 Defendant MORDECHAI GOLAN Defendant DAVID BEN-AEEV Date Filed # Docket Text 02/14/ COMPLAINT filed; jury demand FILING FEE $ RECEIPT # (dr) (Entered: 02/20/2001) 02/14/2001 CASE REFERRED to arbitration (dr) (Entered: 02/20/2001) 02/14/ NOTICE of Allocation and Assignment filed. Magistrate Judge G. DONALD HANEKE (dr) (Entered: 02/20/2001) 02/20/2001 SUMMONS(ES) issued for NICE SYSTEMS LTD, BENJAMIN LEVIN, HAIM SHANI, LAURI A. HANOVER ( 20 Days) (Mailed to Counsel) (dr) (Entered: 02/20/2001) 03/14/ RETURN OF SERVICE executed as to NICE SYSTEMS LTD 3/7/01 Answer due on 3/27/01 for NICE SYSTEMS LTD (jd) (Entered: 03/14/2001) 03/14/ RETURN OF SERVICE executed as to BENJAMIN LEVIN 3/7/01 Answer due on 3/27/01 for BENJAMIN LEVIN (jd) (Entered: 03/14/2001) 03/14/ RETURN OF SERVICE executed as to HAIM SHANI 3/7/01 Answer due on 3/27/01 for HAIM SHANI (jd) (Entered: 03/14/2001) 03/14/ RETURN OF SERVICE executed as to LAURI A. HANOVER 3/7/01 Answer due on 3/27/01 for LAURI A. HANOVER (jd) (Entered: 03/14/2001) 03/27/ APPLICATION by NICE SYSTEMS LTD, BENJAMIN LEVIN, HAIM SHANI, LAURI A. HANOVER and Clerk's Order extending time to answer. Answer due 4/11/01 for LAURI A. HANOVER, for HAIM SHANI, for BENJAMIN LEVIN, for NICE SYSTEMS LTD (jd) (Entered: 03/28/2001) 04/11/ Notice of MOTION to consolidate cases by NICE SYSTEMS LTD, BENJAMIN LEVIN, HAIM SHANI, LAURI A. HANOVER, Motion set for 5/14/01 on [8-1] motion cert of service (Brief/PO Subm) (jd) (Entered: 04/12/2001) 04/11/ DECLARATION of Gary J. Ruckelshaus on behalf of NICE SYSTEMS LTD, BENJAMIN LEVIN, HAIM SHANI, LAURI A. HANOVER in support of [8-1] motion to consolidate cases w/exhibits attached (jd) (Entered: 04/12/2001) 04/16/ Notice of MOTION/Motion to appoint the Afkim Group as lead pltfs and for approval of lead pltfs' choice of counsel by AFIKIM MANAGEMENT, ZEEV SHALIT, SHAUL TUBIDIAN, Motion set for 5/14/01 on [10-1] motion cert of service (Brief/PO Subm) (jd) (Entered: 04/16/2001)

7 04/16/ DECLARATION of Marc I. Gross on behalf of AFIKIM MANAGEMENT, ZEEV SHALIT, SHAUL TUBIDIAN in support of [10-1] motion to appoint the Afkim Group as lead pltfs and for approval of lead pltfs' choice of counsel w/exhibits attached (jd) (Entered: 04/16/2001) 04/16/ Notice of MOTION to consolidate cases, appointment of lead pltfs and approval of selection of lead counsel by ADAM BYRNE, DRESDNERBANK INVEST, Motion set for 5/14/01 on [12-1] motion cert of service (Brief/PO Subm) (jd) (Entered: 04/23/2001) 04/16/ DECLARATION of Michael S. Bigin on behalf of ADAM BYRNE, DRESDNERBANK INVEST in support of [12-1] motion to consolidate cases, appointment of lead pltfs and approval of selection of lead counsel w/exhibits attached (jd) (Entered: 04/23/2001) 05/01/ ORDER, setting scheduling conference for 11:00 7/2/01 ( signed by Mag. Judge G. D. Haneke ) (jd) (Entered: 05/01/2001) 05/21/ ORDER granting [12-1] motion to consolidate cases, appointment of lead pltfs and approval of selection of lead counsel; consolidating 01cv755, 01cv778, 01cv792, 01cv828, 01cv835, 01cv883, 01cv884, 01cv955, 01cv957, 01cv980, 01cv1014, 01cv cv1197 with 01cv737 for all purposes; appointing Adrian Byrne, Dresdnerbank Investment Management, E.H. Tepe Co., Inc and Afikim Management as lead pltfs; the law firms of Stull, Stull & Brody; Kaplan Kilsheimer & Fox LLP; and Pomerantz Haudek Block Grossman & Gross LLP are appointed Co-Lead Counsel for pltfs; the law firm of Kantrowitz, Goldhamer & Graifman are hereby appointed Liaison Counsel for pltfs; every pleading filed in the Consolidated Action shall have the following caption IN RE NICE SYSYTEMS LTD SECURITIES LITIGATION ( signed by Judge Joseph A. Greenaway, Jr. ) n/m (jd) Modified on 05/23/2001 (Entered: 05/23/2001) 05/23/2001 Consolidated Lead Case (jd) (Entered: 05/23/2001) 06/22/ STIPULATION and ORDER that lead pltfs shall file and serve a Consolidated Amended Class Action Complaint w/in 60 days of entry of this Stipulation and Order; the action described as Marvin Frank v Nice Systems 01cv1307 (the correct # being 99cv1307), which was previously included as consolidated with all other actions in the Court's order Consolidating Actions is hereby deleted from the order of consolidation and shall not be deemed consolidated with the other acions. ( signed by Judge Joseph A. Greenaway, Jr. ) n/m (jd) (Entered: 06/22/2001) 08/20/ Consolidated AMENDED Class Action COMPLAINT w/jury demand by IN RE NICE SYSTEMS, amending [1-1] complaint against MORDECHAI GOLAN, DAVID BEN-AEEV (jd) (Entered: 08/20/2001) 08/20/2001 SUMMONS(ES) issued for AVRAHAM LAZAR, MORDECHAI GOLAN, DAVID BEN-AEEV ( 20 Days) (Mailed to Counsel) (jd) (Entered: 08/20/2001) 08/24/2001 Supplemental/ALIAS SUMMONS issued for NICE SYSTEMS LTD(20dys) for service in Israel, (picked up by counsel) (mn) Modified on 09/04/2001 (Entered: 08/24/2001) 08/24/ Summons & request for foreign service in ISrael was issued as to defts Nice

8 Systems Ltd., 8 Hapnina Street, P.O. BOX 690, Ra'anana, Israel; Mordechai Golan, 5 Darbala Street Rishon Le Zion, Israel; David Ben-Zeev, 10 Hashoftim Street, Herzlia, Israel. (mn) Modified on 08/24/2001 (Entered: 08/24/2001) 09/04/2001 ALIAS/supplemental SUMMONS issued for BENJAMIN LEVIN, 3 Kaplinski st., Rishon Le Zion, Israel & YUVAL YANAI, c/o Koor Industries Ltd., #4 Ha'arbaha st., Tel-Aviv, Israel. (picked up by messenger) (mn) (Entered: 09/04/2001) 09/04/ Supplemental summons issued for foreign service in Israel as to Benjamin Levin, in Rishon Le Zion, Israel, & Yuval Yanai in Tel-Aviv, Israel. (mn) Modified on 09/04/2001 (Entered: 09/04/2001) 10/01/ NOTICE of change of firm of Cauley & Geller LLP has changed its name to Caulley Geller Bowman & Coates, LLP. (OUT OF STATE COUNSEL) (bl) (Entered: 10/02/2001) 10/24/ RETURN OF SERVICE executed as to AVRAHAM LAZAR 8/29/01 Answer due on 9/18/01 for AVRAHAM LAZAR (jd) (Entered: 10/24/2001) 10/24/ RETURN OF SERVICE executed as to MORDECHAI GOLAN 8/28/01 Answer due on 9/17/01 for MORDECHAI GOLAN (jd) (Entered: 10/24/2001) 10/24/ RETURN OF SERVICE executed as to DAVID BEN-AEEV 8/29/01 Answer due on 9/18/01 for DAVID BEN-AEEV (jd) (Entered: 10/24/2001) 10/24/ RETURN OF SERVICE executed as to DAPHNA KEDEMI 8/29/01 Answer due on 9/18/01 for DAPHNA KEDEMI (jd) (Entered: 10/24/2001) 11/05/ RETURN OF SERVICE on ALIAS/SUPPLEMENTAL SUMMONS executed as to YUVAL YANAI 9/16/01 Answer due on 10/6/01 for YUVAL YANAI (DD) (Entered: 11/08/2001) 12/13/ NOTICE of firm name change by William J. Pinilis co-lead counsel for pltfs (jd) (Entered: 12/13/2001) 12/17/ Notice of MOTION for Marc I Gross to appear pro hac vice by ADAM BYRNE,etal Motion set for 1/14/02 on [27-1] motion cert of service (PO Subm) (jd) (Entered: 12/18/2001) 12/17/ CERTIFICATION of Gary S. Graifman on behalf of lead pltfs in support of [27-1] motion for Marc I Gross to appear pro hac vice (jd) (Entered: 12/18/2001) 12/17/ CERTIFICATION of Marc I. Gross in support of [27-1] motion for Marc I Gross to appear pro hac vice (jd) (Entered: 12/18/2001) 12/27/ Notice of MOTION to dismiss complaint by NICE SYSTEMS LTD, BENJAMIN LEVIN, AVRAHAM LAZAR, MORDECHAI GOLAN, DAVID BEN-AEEV, Motion set for 1/28/02 on [30-1] motion proof of service (Brief/PO Subm) (jd) (Entered: 12/28/2001) 12/27/ DECLARATION of James C. Sheil on behalf of NICE SYSTEMS LTD, BENJAMIN LEVIN, AVRAHAM LAZAR, MORDECHAI GOLAN, DAVID BEN-AEEV in support of [30-1] motion to dismiss complaint w/exhibits attached (jd) (Entered: 12/28/2001)

9 12/27/ Notice of MOTION to dismiss complaint by YUVAL YANAI, Motion set for 1/28/02 on [32-1] motion cert of service (Brief/PO Subm) (jd) (Entered: 12/28/2001) 12/27/ DECLARATION of Marc I. Gross in opposition to [32-1] motion to dismiss complaint, [30-1] motion to dismiss complaint w/exhibits attached (jd) (Entered: 12/28/2001) 12/27/ DECLARATION of James C. Sheil in further support of [32-1] motion to dismiss complaint, [30-1] motion to dismiss complaint w/exhibits attached (jd) (Entered: 12/28/2001) 01/03/ CERTIFICATE OF SERVICE by YUVAL YANAI of copy of reply memorandum (jd) (Entered: 01/07/2002) 01/07/ CERTIFICATE OF SERVICE by YUVAL YANAI of copy of reply memorandum (jd) (Entered: 01/07/2002) 01/14/ Notice of MOTION for Joel B. Struass to appear pro hac vice by ADAM BYRNE, Motion set for 2/11/02 on [37-1] motion w/cert of service, certifications attached (PO Subm) (jd) (Entered: 01/14/2002) 01/14/ Notice of MOTION for Adam M. Walsh to appear pro hac vice by ADAM BYRNE, Motion set for 2/11/02 on [38-1] motion w/cert of service, certifications attached (PO Subm) (jd) (Entered: 01/14/2002) 01/14/ Notice of MOTION for Frederic S. Fox to appear pro hac vice by ADAM BYRNE, Motion set for 2/11/02 on [39-1] motion w/cert of service, certifications attached (PO Subm) (jd) (Entered: 01/14/2002) 01/28/ Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 1/28/02; The following actions were taken, [27-1] motion for Marc I Gross to appear pro hac vice taken under advisement. Rule 78. By Mag. Judge G. D. Haneke (jd) (Entered: 01/28/2002) 01/29/ ORDER granting [27-1] motion for Marc I Gross to appear pro hac vice on behalf of pltfs ( signed by Mag. Judge G. D. Haneke ) n/m (jd) (Entered: 01/29/2002) 02/25/ Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 2/25/02; The following actions were taken, [39-1] motion for Frederic S. Fox to appear pro hac vice taken under advisement, [38-1] motion for Adam M. Walsh to appear pro hac vice taken under advisement, [37-1] motion for Joel B. Struass to appear pro hac vice taken under advisement. Rule 78. By Mag. Judge G. D. Haneke (jd) (Entered: 02/26/2002) 02/25/ ORDER granting [37-1] motion for Joel B. Struass to appear pro hac vice ( signed by Mag. Judge G. D. Haneke ) n/m (jd) (Entered: 02/26/2002) 02/25/ ORDER granting [39-1] motion for Frederic S. Fox to appear pro hac vice ( signed by Mag. Judge G. D. Haneke ) n/m (jd) (Entered: 02/26/2002) 02/25/ ORDER granting [38-1] motion for Adam M. Walsh to appear pro hac vice ( signed by Mag. Judge G. D. Haneke ) n/m (jd) (Entered: 02/26/2002) 03/15/ Notice of MOTION/Motion to permit service of non-party document preservation

10 subpoenas by LASCHIVER SERGE, etal Motion set for 4/8/02 on [46-1] motion cert of service, exhibits attached (Brief/PO Subm) (jd) (Entered: 03/15/2002) 03/25/ CERTIFICATE OF SERVICE by NICE SYSTEMS LTD, etal of copy of opposition brief (jd) (Entered: 03/26/2002) 04/05/ CERTIFICATE OF SERVICE by NAHUM DAVID, ALTSHULER-SHAHAM MUT, NICE SYSTEMS LTD, etal. Re: [46-1] motion to permit service of nonparty document preservation subpoenas (Brief sub.) (aa) (Entered: 04/11/2002) 04/22/ Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 4/22/02; The following actions were taken, [46-1] motion to permit service of non-party document preservation subpoenas taken under advisement. Rule 78. By Mag. Judge G. D. Haneke (jd) (Entered: 04/23/2002) 04/24/ ORDER denying w/out prejudice [46-1] motion to permit service of non-party document preservation subpoenas ( signed by Mag. Judge G. D. Haneke ) (NM) (jd) (Entered: 04/24/2002) 09/09/ ORDER, dismissing action as settled, w/out prejudice and w/out costs ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (jd) (Entered: 09/09/2002) 09/09/2002 Case closed (jd) (Entered: 09/09/2002) 11/26/ STIPULATION of Settlement w/exhibits attached (exhibit F is sealed) (copy to JAG) (jd) (Entered: 11/26/2002) 12/11/ ORDER preliminarily approving settlement, certifying the settlement class and providing for notice setting settlement conference for 2:00 3/31/03 ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (jd) (Entered: 12/12/2002) 03/14/ Copy of NOTICE of objections and intention to be heard w/argument and supporting memorandum of law by class member Thomas Weiderman (orig to JAG) (jd) (Entered: 03/17/2003) 03/14/ NOTICE of objections to the Proposed Settlement by James J. Hayes (copy to JAG) (jd) (Entered: 03/17/2003) 03/14/ Notice of MOTION for Edward M. Selfe to appear pro hac vice on behalf of James J. Hayes in his objection to the Proposed Settlement, Motion set for 4/14/03 on [56-1] motion (jd) (Entered: 03/17/2003) 03/25/ Compendium of AFFIDAVITS submitted by pltfs' counsel in support of of their application for attorneys' fees and reimbursement of expenses (jd) (Entered: 03/27/2003) 03/25/ AFFIDAVIT of Michael Rosenbaum Re: Mailing and Publication of Notice (jd) (Entered: 03/27/2003) 03/25/ DECLARATION of Marc I Gross in support of settlement, plan of Allocation and pltfs' counsels' request for award of fees and reimbursement of expenses (jd) (Entered: 03/27/2003) 03/25/ DECLARATION of Michael A. Marek re: pltfs' application for final approval of settlement (jd) (Entered: 03/27/2003)

11 03/25/ CERTIFICATIONS OF SERVICE by overnight mail and first class mail of copy of brief, declarations, etc. (jd) (Entered: 03/27/2003) 03/26/ CERTIFICATE OF SERVICE by NICE SYSTEMS LTD, etal of copy of opposition brief (jd) (Entered: 03/27/2003) 03/31/ RESPONSE of James J. Hayes to pltfs' memorandum of law in support of the settlement and defts' memorandum in opposition to the objections to the settlement (copy to JAG) (jd) (Entered: 03/31/2003) 03/31/ Minute entry: Proceedings recorded by Ct-Reporter: Tom Brazaitis; Minutes of: 3/31/03; The following actions were taken. Hrg on pltfs proposed class action settlement; Hrg to be continued on 4/7/03 at 10:00 a.m. By Judge Joseph A. Greenaway, Jr. (jd) (Entered: 04/01/2003) 04/01/ DECLARATION of Joel B. Strauss on behalf of NAHUM DAVID, etal in support of supplemental request by pltfs' counsel for reimbursement of expenses (jd) (Entered: 04/02/2003) 04/07/ Minute entry: Proceedings recorded by Ct-Reporter: Tom Brazaitis; Minutes of: 4/7/03; The following actions were taken. Hrg. on pltfs proposed class action settlement. Opinion read into the record. The Court approves and enters the pltfs class action settlement. Order signed. By Judge Joseph A. Greenaway, Jr. (jd) (Entered: 04/08/2003) 04/07/ Final Judgment ORDER approving settlement and dismissing claims w/prejudice ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (jd) (Entered: 04/08/2003) 04/28/ NOTICE OF APPEAL filed at 10:48am by James J. Hayes, an objector Re: [67-1] order. Fee Status: not paid. Copies of notice of appeal sent to Clerk, USCA and Attorney(s): STANLEY M. GROSSMAN, JULES BRODY, PETER L. MASNIK, WILLIAM J. PINILIS, JOSEPH J. DEPALMA, GARY S. GRAIFMAN, ANDREW ROBERT JACOBS, ROBERT J. BERG, JAMES W. BROWN, MICHAEL GOGAL (ce) (Entered: 04/28/2003) 04/28/2003 Record on appeal sent to U.S. Court of Appeals: [68-1] appeal (ce) (Entered: 04/28/2003) 05/12/2003 USCA appeal fees received $ (ce) (Entered: 05/13/2003) 05/16/ NOTICE of Docketing ROA from USCA Re: [68-1] appeal USCA NUMBER: (ce) (Entered: 05/19/2003) 06/12/ Transcript Purchase Order RE: [68-1] appeal indicating already on file in District Clerk's office (ce) (Entered: 06/12/2003) 06/12/2003 Record complete for purposes of appeal. (ce) (Entered: 06/12/2003) 06/30/ Minute entry: Proceedings recorded by Ct-Reporter: Tom Brazitis; Minutes of: 6/30/03; The following actions were taken. Status Conference (telephone). Ordered that James Hayes shall post a $10, bond with the Clerk of the court. OTBS. By Judge Joseph A. Greenaway, Jr. (jd) (Entered: 07/01/2003) 06/30/ AFFIDAVIT of Michael Rosenbaum Re: Institutional Claims Received (jd) (Entered: 07/01/2003)

12 07/03/ ORDER to ensure payment of costs on appeal incurred by the appellees, that w/in 7 days of the entry of this order objector/appellant James J. Hayes post a bond with the clerk of the court in the amt. of $10, ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (jd) (Entered: 07/07/2003) 07/14/ Notice of MOTION by James J. Hayes for reconsideration of [73-1] order, [67-1] order, Motion set for 9/8/03 on [74-1] motion cert of service attached (Brief Subm) (jd) (Entered: 07/14/2003) 08/14/ Objector Hayes Reply Brief in support of [74-1] motion for reconsideration of [73-1] order, [67-1] order w/certsvc. (cs) (Entered: 08/15/2003) 08/18/ Minute entry: Proceedings recorded by Ct-Reporter: Tom Brazaitis; Minutes of: 8/18/03; The following actions were taken, denying [74-1] motion for reconsideration of [73-1] order, [67-1] order By Judge Joseph A. Greenaway, Jr. (jd) (Entered: 08/18/2003) 08/18/ ORDER denying objector Hayes' [74-1] motion for reconsideration of [73-1] order, [67-1] order ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (jd) (Entered: 08/18/2003) 08/21/ CLERKS CERT. OF DEPOSIT IN THE AMOUNT OF $ 10, FILED as per 7/3/03 & 8/18/03 order (jd) (Entered: 08/21/2003) 09/17/ NOTICE OF APPEAL filed at 11:59am by objector/pro se James J. Hayes Re: [77-1] order, [67-1] order. Fee Status: $ Copies of notice of appeal sent to Clerk, USCA and Attorney(s): STANLEY M. GROSSMAN, JULES BRODY, PETER L. MASNIK, WILLIAM J. PINILIS, JOSEPH J. DEPALMA, GARY S. GRAIFMAN, ANDREW ROBERT JACOBS, ROBERT J. BERG, JAMES W. BROWN, MICHAEL GOGAL (ce) Modified on 09/17/2003 (Entered: 09/17/2003) 09/29/ NOTICE of Docketing ROA from USCA Re: [79-1] appeal USCA NUMBER: (ce) (Entered: 09/30/2003) 10/01/ Transcript Purchase Order RE: [79-1] appeal indicating unnecessary for appeal purposes (ce) (Entered: 10/01/2003) 10/01/2003 Record complete for purposes of appeal. (ce) (Entered: 10/01/2003) 01/30/2004 Supplemental Record on Appeal transmitted to US Court of Appeals (ce, ) (Entered: 01/30/2004) 03/26/ USCA OPINION. (ce, ) (Entered: 04/02/2004) 03/26/ USCA JUDGMENT affirming USDC order of April 8, Costs taxed against appellant/pla James J. Hayes in the sum amount of $ (USCA# and ) (ce, ) (Entered: 04/02/2004) 03/26/2004 Appeal Record Returned: [79] Notice of Appeal, (ce, ) (Entered: 04/02/2004) 07/13/ ORDER Releasing Appeal Bond: Clerk of the Court to make payments to appellees in the amounts indicated, etc.. Signed by Judge Joseph A. Greenaway, Jr. on 7/13/04. (jd, ) (Entered: 07/13/2004) 07/16/ Letter from G. Graifman to Hon. Judge Greenaway and Proposed Order to Vacate

13 Order Releasing Bond. (GRAIFMAN, GARY) (Entered: 07/16/2004) 07/20/ ORDER that the previous"order Releasing Appeal Bond" is vacated w/out prejudice and to be renewed upon disposition of the Petition for Writ of Certiorari by the Supreme Court of the United States. Signed by Judge Joseph A. Greenaway, Jr. on 7/19/04. (jd, ) (Entered: 07/20/2004) 10/19/ Letter from Gary S. Graifman re: bond. (jd, ) (Entered: 10/21/2004) 10/20/ AFFIDAVIT of Michael Rosenbaum in support of motion to distribute the net settlement fund. (Attachments: # 1 continuation of affidavit# 2 cert of service)(jd, ) (Entered: 10/21/2004) 10/21/ ORDER releasing Appeal Bond. Signed by Judge Joseph A. Greenaway, Jr. on 10/20/04. (jd, ) (Entered: 10/22/2004) 01/20/ ORDER of Distribution of Settlement Fund. Signed by Judge Joseph A. Greenaway, Jr. on 1/19/05. (jd, ) (Entered: 01/20/2005) 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