U.S. District Court Southern District Of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:98-cv-00693

Transcription

1 US District Court Civil Docket as of 07/27/2004 Retrieved from the court on Tuesday, April 18, 2006 U.S. District Court Southern District Of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:98-cv Nathenson, et al v. Zonagen Inc, et al Assigned to: Judge Sim Lake Demand: $0 Case in other court: Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 03/09/1998 Jury Demand: Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question James M Nathenson on behalf of himself and all others similarly situated Finkelstein Thomas & Loughran 1055 Thomas Jefferson St NW Ste 601 Washington, DC Donald J Enright Finkelstein Thompson & Loughran th St NW Washington, DC Roger B Greenberg Schwartz Junell et al 909 Fannin Ste 2700 Houston, TX Fax: fax rgreenberg@schwartz-junell.com dsam Global Value Fund Ltd

2 Roger B Greenberg Jonathan Margalit Roger B Greenberg Amit Sanghvi Roger B Greenberg Jianbo Xie Roger B Greenberg John De Rosa

3 Roger B Greenberg Robert Strassman Roger B Greenberg Dean Hagen Roger B Greenberg Arno Hausmann Roger B Greenberg V. Consol Mary Ann Messick represented by Wallace A Showman Attorney at Law 1350 Ave of the Americas 29th Flr

4 New York, NY Fax: fax Consol Individually Tzvi Odzer represented by Roger Farrell Claxton Claxton & Hill PLLC 3131 McKinney Ave Ste 700 Dallas, TX Fax: fax Consol Invesco Enterprises Inc represented by Andrew L Barroway Schiffrin and Barroway LLP Three Bala Plaza East Ste 400 Bala Cynwyd, PA Tim K Goss Capshaw Goss et al 3031 Allen St Ste 200 Dallas, TX Fax: fax Consol Individually Justin Weill represented by Roger Farrell Claxton V.

5 Defendant Zonagen Inc represented by David D Sterling Baker Botts LLP 910 Louisiana Ste 3000 Housston, TX Fax: fax Defendant Joseph Podolski represented by David D Sterling Defendant Steven Blasnik represented by David D Sterling Defendant Martin P Sutter represented by David D Sterling Date Filed # Docket Text 03/09/ COMPLAINT filed; FILING FEE $ RECEIPT # (bchurchill) (Entered: 03/10/1998) 03/10/ ORDER for conf set initial pretrial and scheduling conference for 2:00 5/1/98 before Judge Sim Lake, entered; Parties notified. (bchurchill) (Entered: 03/10/1998) 03/23/1998 SUMMONS issued for Zonagen Inc (psmith) (Entered: 03/23/1998) 03/27/ RETURN OF SERVICE executed as to Martin P Sutter 3/17/98 filed Answer due on 4/6/98 for Martin P Sutter (hlerma) (Entered: 03/27/1998) 03/27/ RETURN OF SERVICE executed as to Joseph Podolski 3/13/98 filed Answer due on 4/2/98 for Joseph Podolski (hlerma) (Entered: 03/27/1998)

6 04/02/ RETURN OF SERVICE executed as to Zonagen Inc 3/26/98 filed Answer due on 4/15/98 for Zonagen Inc (psmith) (Entered: 04/02/1998) 04/15/ RETURN OF SERVICE executed as to Steven Blasnik 4/7/98 filed Answer due on 4/27/98 for Steven Blasnik (psmith) (Entered: 04/15/1998) 04/24/ AMENDED ORDER: The scheduling conference is reset for 2:00 pm on 5/15/98, entered; Parties notified. ( signed by Judge Sim Lake ) (psmith) (Entered: 04/24/1998) 04/24/ JOINT DISCOVERY/Case Management Plan by James M Nathenson, Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, filed. (psmith) (Entered: 04/24/1998) 04/29/ NOTICE of attorney appearance for Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter by David D Sterling, filed (fmremp) (Entered: 04/29/1998) 05/08/ MOTION with memorandum of law in support to consolidate cases, and for appointment of lead pltfs and lead counsel by James M Nathenson, et al, Motion Docket Date 5/28/98 [10-1] motion, 5/28/98 [10-2] motion, filed (psmith) (Entered: 05/11/1998) 05/13/ ORDER striking [10-1] motion to consolidate cases and striking [10-2] motion for appointment of lead pltfs and lead counsel (no statement of opposition or conference), entered; Parties notified. ( signed by Judge Sim Lake ) (fmremp) (Entered: 05/13/1998) 05/14/1998 Rec'd Motion and Order for Burton Finkelstein and Donald Enright to appear pro hac vice as attorneys for James Nathenson, frwd to CRD (psmith) (Entered: 05/14/1998) 05/15/ Minute Entry Order: HEARING held on 5/15/98. Apps: Greenberg; Enright; Sterling; Cooper. Defts will have until May 22, 1998 to respond to the Motion to Designate Lead Pltfs. Pltfs will reply by May 29, The Court's [11-1] order Striking the Motion to Consolidate is VACATED. Pltfs to file their first amended complaint by 6/19/98, terminated deadlines ; Ct Reporter: A Traylor, entered. Parties ntfd. ( Signed by Judge Sim Lake ) (psmith) (Entered: 05/18/1998) 05/15/ ORDER, entered; Parties notified. Burton Finkelstein is admitted pro hac vice as attorney for James Nathenson and all lead pltfs. (signed by Judge Sim Lake ) (psmith) (Entered: 05/18/1998) 05/15/ ORDER, entered; Parties notified. Donald Enright is admitted pro hac vice as attorney for James Nathenson and all lead pltfs. ( signed by Judge Sim Lake ) (psmith) (Entered: 05/18/1998) 05/22/ RESPONSE by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter in opposition to Pltfs [10-2] motion for appointment of lead pltfs and lead counsel, filed (psmith) (Entered: 05/26/1998) 05/29/ REPLY MEMORANDUM OF LAW by James M Nathenson in support of [10-1] motion to consolidate cases, [10-2] motion for appointment of lead pltfs and lead counsel, filed. (ddarneille) (Entered: 05/29/1998)

7 05/29/ ORDER granting Pltfs [10-1] motion to consolidate cases, entered; Parties notified. Case Numbers , , , , and are CONSOLIDATED into LEAD CASE NO A certified copy of this order shall be filed in each consolidated action. James Nathenson, dsam Global Value Fund, Jonathan Margalit, Amit Sanghvi, Jianbo Xie, John De Rosa, Robert Strassman, Dean Hagen and Arno Hausmann are appointed Lead Pltfs. Finkelstein, Thompson & Loughran are appointed as Pltfs lead counsel. Greenberg, Peder, Siegmyer & Oshman are appointed as Pltfs liason counsel. ( signed by Judge Sim Lake ) (psmith) Modified on 06/02/1998 (Entered: 06/02/1998) 05/29/1998 Consolidated Lead Case (psmith) (Entered: 06/02/1998) 06/10/ ORDER pursuant to L. R. 1 as to Andrew Barroway for Invesco Enterprises, entered. Parties ntfd. ( Signed by Judge Sim Lake ) (fmremp) (Entered: 06/10/1998) 06/15/ UNOPPOSED MOTION for consolidation of and by James M Nathenson, dsam Global Value, Jonathan Margalit, Amit Sanghvi, Jianbo Xie, et al, Motion Docket Date 7/5/98 [19-1] motion, filed. (psmith) (Entered: 06/16/1998) 06/18/ ORDER granting Lead Pltfs [19-1] motion for consolidation of and , entered; Parties notified. Case No and are CONSOLIDATED. Lead Case No A certified copy of order entered in (signed by Magistrate Judge Nancy K. Johnson ) (psmith) (Entered: 06/18/1998) 06/19/ CONSOLIDAATED AMENDED COMPLAINT by James M Nathenson, dsam Global Value, Jonathan Margalit, Amit Sanghvi, Jianbo Xie, et al (Answer due 6/29/98 for Martin P Sutter, for Steven Blasnik, for Joseph Podolski, for Zonagen Inc ) amending [1-1] complaint, filed. (psmith) (Entered: 06/22/1998) 06/29/ Agreed Scheduling ORDER: The motion to dismis for the defts will be filed by 8/3/98. Opposition to motion to dismiss for the pltfs will be filed by 9/2/98. Reply Brief for the defts will be filed by 9/17/98, entered; Parties notified. ( signed by Judge Sim Lake ) (psmith) (Entered: 06/30/1998) 08/03/ MOTION to dismiss by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, Motion Docket Date 8/23/98 [23-1] motion, filed. (psmith) (Entered: 08/04/1998) 08/03/ EXHIBITS 1-7 (Volume I) by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter to [23-1] motion to dismiss, filed. (in brown expandex folder) (psmith) (Entered: 08/04/1998) 08/03/ EXHIBITS 8-34 (Volume II) by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter to Defts [23-1] motion to dismiss, filed. (in brown expandex folder) (psmith) (Entered: 08/04/1998) 08/06/ MOTION to strike or summarily deny defts motion to dismiss which violates this court's procedures, by James M Nathenson, Motion Docket Date 8/26/98 [26-1] motion, filed. (psmith) (Entered: 08/06/1998) 08/06/ MOTION for expedited consideration, by James M Nathenson, Motion Docket Date 8/26/98 [27-1] motion, filed. (psmith) (Entered: 08/06/1998)

8 08/07/ MOTION to consider briefing in excess of Court's page limitations by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, Motion Docket Date 8/27/98 [28-1] motion, filed. (fmremp) (Entered: 08/07/1998) 08/07/ SELECED AUTHORITIES/APPENDIX by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter to [28-1] motion to consider briefing in excess of Court's page limitations, filed. (fmremp) (Entered: 08/07/1998) 08/10/ MOTION to convert defts improper motion to dismiss into a motion for summary judgment, commence discovery, hold the converted motion in abeyance pending reasonable time for discovery, or in the alternative to summarily dismiss or strike the improper motion to dismiss, by James M Nathenson, dsam Global Value, Jonathan Margalit, et al, Motion Docket Date 8/30/98 motion, 8/30/98 [30-2] motion, 8/30/98 [30-3] motion, 8/30/98 [30-4] motion, filed. (psmith) Modified on 08/20/1998 (Entered: 08/11/1998) 08/10/ MOTION for expedited consideration, by James M Nathenson, dsam Global Value, Jonathan Margalit, et al, Motion Docket Date 8/30/98 motion, filed. (psmith) (Entered: 08/11/1998) 08/10/ NOTICE of Substitution Of Newly Filed Motion For Previously Filed Motion, by James M Nathenson, dsam Global Value, Jonathan Margalit, filed (psmith) (Entered: 08/11/1998) 08/11/ RESPONSE by James M Nathenson, dsam Global Value, Jonathan Margalit, et al in opposition to Defts [28-1] motion to consider briefing in excess of Court's page limitations, filed (psmith) (Entered: 08/12/1998) 08/19/ RESPONSE by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, et al to [30-1] motion to convert defts improper motion to dismiss into a motion for summary judgment, motion commence discovery, [30-3] motion hold the converted motion in abeyance pending reasonable time for discovery, [30-4] motion to summarily dismiss or strike the improper motion to dismiss, filed. (psmith) (Entered: 08/20/1998) 08/21/ REPLY by pltfs James M Nathenson, et al in support of their [30-1] motion to convert defts improper motion to dismiss into a motion for summary judgment, [30-2] motion commence discovery, and [30-3] motion hold the converted motion in abeyance pending reasonable time for discovery, or in the alternative [30-4] motion to summarily dismiss or strike the improper motion to dismiss, filed. (ltien) (Entered: 08/21/1998) 08/21/ Further REQUEST by pltfs James M Nathenson, et al, for expedited consideration of their motion to convert defts' improper motion to dismiss into a motion for summary judgment, etc, filed. (ltien) (Entered: 08/21/1998) 08/24/ SUR-REPLY To Pltfs [35-1] Reply In Support Of Their Motion To Convert, etc, and Pltfs Further Request For Expedited Consideration, by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, filed. (psmith) (Entered: 08/24/1998) 08/25/ ORDER granting Defts [28-1] motion to consider briefing in excess of Court's page limitations; denying Pltfs [30-1] motion to convert defts improper motion to dismiss into a motion for summary judgment; denying [30-2] motion commence

9 discovery; denying [30-3] motion hold the converted motion in abeyance pending reasonable time for discovery; denying [30-4] motion to summarily dismiss or strike the improper motion to dismiss. Pltfs Response to motion reset to 9/25/98 for Defts [23-1] motion to dismiss, Motion Docket Date 9/25/98 [23-1] motion to dismiss, entered; Parties notified. ( signed by Judge Sim Lake ) (psmith) (Entered: 08/25/1998) 08/27/ UNOPPOSED MOTION for leave to file memoranda in excess of court's page limitation, by James Nathenson, dsam Global Value, Jonathan Margalit, Motion Docket Date 9/16/98 [38-1] motion, filed. (psmith) (Entered: 08/27/1998) 08/28/ ORDER granting Pltfs [38-1] motion for leave to file memoranda in excess of court's page limitation, entered; Parties notified. Pltfs opposition may not exceed 65 pages. ( signed by Judge Sim Lake ) (psmith) (Entered: 08/28/1998) 09/25/ MEMORANDUM OF LAW by James M Nathenson, dsam Global Value, Jonathan Margalit, et al, in opposition to Defts [23-1] motion to dismiss, filed (in brown expandex folder) (psmith) Modified on 09/28/1998 (Entered: 09/28/1998) 09/25/ REQUEST For Oral Argument, by James M Nathenson, dsam Global Value, Jonathan Margalit, et al, filed. (psmith) (Entered: 09/28/1998) 10/07/ Pltf's ERRATA SHEET to their Opposition to Deft's Motion to Dismiss by James M Nathenson, filed (fmremp) (Entered: 10/07/1998) 10/13/ MOTION for leave to file reply brief in excess of the court's page limitation, by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, Motion Docket Date 11/2/98 [43-1] motion, filed. (psmith) (Entered: 10/14/1998) 10/13/ REPLY BRIEF by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter in support of [23-1] motion to dismiss, filed. (psmith) (Entered: 10/14/1998) 10/13/ SUPPLEMENTAL Selected Authorities by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter in [44-1] Reply Brief In Support Of Defts [23-1] motion to dismiss, filed. (psmith) (Entered: 10/14/1998) 10/15/ SUPPLEMENTAL Authority In Support Of Motion, And If Necessary, Motion For Leave to File Same, by James M Nathenson, dsam Global Value, Jonathan Margalit, et al, filed (psmith) (Entered: 10/15/1998) 10/22/ Sur-Reply MEMORANDUM Of Law by James M Nathenson, dsam Global Value, Jonathan Margalit in opposition to Defts [23-1] motion to dismiss, filed (psmith) (Entered: 10/22/1998) 12/11/ SUBMISSION Of Supplemental Authority, by James M Nathenson, dsam Global Value, Jonathan Margalit, filed (psmith) (Entered: 12/11/1998) 12/22/ ORDER to Disclose Interested Persons, filed. ( by Judge Sim Lake ) Party filing case notified. (fmremp) (Entered: 12/22/1998) 01/28/ CERTIFICATE OF INTERESTED PARTIES by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, filed. (fmremp) (Entered: 01/28/1999) 01/29/ CERTIFICATE Of Financially Interested Parties, by James M Nathenson, dsam Global Value, Jonathan Margalit, filed (psmith) (Entered: 02/01/1999)

10 02/11/ DEFTS' RESPONSE by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter to pltfs' supplemental filings ([47-1] opposition memorandum etc), filed. (ddarneille) (Entered: 02/11/1999) 02/11/ SUPPLEMENTAL selected authorities in defts' rsponse to pltfs' supplemental filings by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, filed. (ddarneille) (Entered: 02/11/1999) 02/17/ AMENDED [51-1] Certificate Of Financially Interested Parties, by James M Nathenson, dsam Global Value, Jonathan Margalit, filed. (psmith) (Entered: 02/17/1999) 02/23/ SUBMISSION Of Additional Supplemental Authority, by James M Nathenson, et al, filed (psmith) (Entered: 02/24/1999) 03/25/ NOTICE of Name Change by Roger Claxton, attorney for Justin Weill, filed (psmith) (Entered: 03/25/1999) 03/30/ OPINION and ORDER granting Defts [23-1] motion to dismiss, entered. Parties notified. ( signed by Judge Sim Lake ) (psmith) (Entered: 03/31/1999) 03/30/ FINAL JUDGMENT, entered. Parties ntfd. This case is DISMISSED with prejudice. ( signed by Judge Sim Lake ) (psmith) (Entered: 03/31/1999) 03/30/1999 Case closed (psmith) (Entered: 03/31/1999) 04/28/ NOTICE OF APPEAL of [58-1] order by Amit Sanghvi, Jianbo Xie, John De Rosa, Robert Strassman, Dean Hagen, Arno Hausmann, James M Nathenson, Jonathan Margalit, filed. Fee Status: paid Receipt #: (jdavenport) (Entered: 05/04/1999) 05/04/1999 Notice of appeal and certified copy of docket transmitted to USCA: [59-1] appeal (jdavenport) (Entered: 05/04/1999) 05/10/ Transcript request for the [59-1] appeal on 4/28/99. This is to order a copy of the transcript fo the Hearing/Status Conference held on 5/5/98 before Judge Lake; by Ct Reporter: A Traylor, filed. (psmith) (Entered: 05/10/1999) 05/24/1999 NOTICE of Docketing NOA from USCA Re: [59-1] appeal USCA NUMBER: (jdavenport) (Entered: 05/24/1999) 07/14/ TRANSCRIPT OF PROCEEDINGS of HEARING for dates of 5/15/98 at 2 pm before Judge Sim Lake, filed. ( Court Rptr: A Traylor) (psmith) (Entered: 07/20/1999) 07/20/1999 Certified and transmitted record on appeal consisting of 15 volume of record, ( 8 volume in , 1 each in , , , , , , ) 1 volume of transcript, to U.S. Court of Appeals: [59-1] appeal. Circuit No Parties ntfd. (mmapps) (Entered: 07/20/1999) 09/08/1999 Rec'd correspondence from the U.S. Court of Appeals for the Fifth Circuit advising the unopposed motion to suuplement the record has been granted. (no attachments) (placed on the left side of the file ) (USCCA ) (jdavenport) (Entered: 09/08/1999)

11 10/19/ JUDGMENT OF USCA (certified copy) 09/25/01 issued as mandate on 10/17/01 that the judgment of the District Court is VACATED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this court...further ORDERED that each party bear its own costs on appeal Re: [59-1] appeal, filed. CCA No (mmapps) (Entered: 10/19/2001) 10/19/ Copy of USCA OPINION, filed. CCA No (mmapps) (Entered: 10/19/2001) 10/19/2001 File to be returned. (mmapps) (Entered: 10/19/2001) 10/19/2001 Case reopened (mmapps) (Entered: 10/19/2001) 10/29/ AMENDED Order setting Initial Pretrial and Scheduling Conference on 3:00 12/7/01 and Order to Disclose Interested Persons, filed. Parties notified. (psmith) (Entered: 11/02/2001) 11/05/2001 Record on appeal returned from U.S. Court of Appeals:Rec'd 15 vol of record, 1 vol of transcript, 1 supplemental record, file reass'd fwd last fld. to case mgr., remainder to fileroom. (mmapps) (Entered: 11/05/2001) 11/05/ USCA LETTER of September 3, 1999, granting motion to supplement, filed. (USCA # ) (Rec'd with record on appeal from USCA) (mmapps) (Entered: 11/05/2001) 11/19/ Notice of change of address by Roger Greenberg, attorney for James M Nathenson, dsam Global Value, filed. (psmith) (Entered: 11/26/2001) 11/20/ SECOND MOTION to dismiss by Zonagen Inc et al, Motion Docket Date 12/10/01 [66-1] motion, filed. (hlerma) (Entered: 11/24/2001) 11/20/ EXHIBITS to [66-1] motion to dismiss by Zonagen Inc et al, filed. (hlerma) (Entered: 11/24/2001) 11/28/ LETTER AGREEMENT regarding an extension until Dec 21, 2001 for Pltfs to respond to Defts Second Motion to Dismiss, by James M Nathenson, Zonagen Inc, Joseph Podolski, filed (psmith) (Entered: 11/28/2001) 11/29/ LETTER AGREEMENT regarding an extension until Dec 21, 2001 for pltfs to respond to Defts second motion to dismiss, by James M Nathenson, Zonagen Inc, Joseph Podolski, filed (psmith) (Entered: 11/29/2001) 12/04/ AMENDED JOINT DISCOVERY/Case Management Plan by James M Nathenson, Zonagen Inc, Joseph Podolski amending [8-1] discovery, filed. (psmith) (Entered: 12/05/2001) 12/07/ Minute Entry Order: HEARING held. Apps: D Sterling; S Cooper; B Finkelstein. Court will rule on pending motion. terminated deadlines Ct Reporter: A Manley, entered. Parties ntfd. ( Signed by Judge Sim Lake ) (psmith) (Entered: 12/10/2001) 12/21/ Lead Pltfs MEMORANDUM by James M Nathenson, dsam Global Value, Jonathan Margalit in opposition to Defts Second [66-1] motion to dismiss, filed (psmith) (Entered: 12/26/2001)

12 12/21/ Lead Pltfs MOTION for leave to amend, by James M Nathenson, dsam Global Value, Jonathan Margalit, Motion Docket Date [74-1] motion, filed. (psmith) (Entered: 12/26/2001) 12/21/ MEMORANDUM by James M Nathenson, dsam Global Value, Jonathan Margalit in support of [74-1] motion for leave to amend, filed (psmith) (Entered: 12/26/2001) 01/10/ REPLY by Zonagen Inc, Joseph Podolski, Steven Blasnik in support of their second [66-1] motion to dismiss, filed. (psmith) (Entered: 01/10/2002) 01/10/ RESPONSE by Defts Zonagen Inc, Joseph Podolski, Steven Blasnik to Pltfs' [74-1] motion for leave to amend the consolidated amended complaint, filed. (fmremp) (Entered: 01/11/2002) 01/31/ REPLY MEMORANDUM OF Law by James M Nathenson, dsam Global Value, Jonathan Margalit in support of [74-1] motion for leave to amend, filed (psmith) (Entered: 02/01/2002) 03/05/ SUPPLEMENTAL SUBMISSION by James M Nathenson, dsam Global Value, et al in support of lead pltfs' [74-1] motion for leave to amend, filed (kprice) (Entered: 03/06/2002) 04/23/ LEAD PLTFS' SECOND SUPPLEMENTAL submission in support of [74-1] motion for leave to amend by James M Nathenson et al, filed. (ddarneille) (Entered: 04/24/2002) 06/20/ LEAD PLTFS' Third Supplemental Submission in support of [74-1] motion for leave to amend by James M Nathenson, et al, filed. (kprice) (Entered: 06/21/2002) 08/28/ MEMORANDUM AND ORDER ; granting in part, denying in part defts' [66-1] second motion to dismiss ; denying lead pltfs' [74-1] motion for leave to amend ; Set scheduling conference for 3:00 9/27/02 before Judge Sim Lake, entered. Parties notified. ( signed by Judge Sim Lake ) (kprice) (Entered: 08/28/2002) 09/06/ UNOPPOSED MOTION to reset scheduling conference by James M Nathenson, dsam Global Value, Jonathan Margalit, Amit Sanghvi, Jianbo Xie, John De Rosa, Robert Strassman, Dean Hagen, Arno Hausmann, Motion Docket Date 9/26/02 [83-1] motion, filed. (kprice) (Entered: 09/07/2002) 09/09/ ORDER RESETTING SCHEDULING CONFERENCE: Granting Lead Pltf's [83-1] unopposed motion to reset scheduling conference reset scheduling conference for 3:00 10/18/02 before Judge Sim Lake, entered; Parties notified. ( signed by Judge Sim Lake ) (sjones) (Entered: 09/10/2002) 09/13/ ANSWER to pltfs' consolidated amended Complaint by Zonagen Inc, Joseph Podolski, Steven Blasnik, Martin P Sutter, filed. (kprice) (Entered: 09/16/2002) 10/11/ RENEWED MOTION and brief in support for leave to file second consolidated amended complaint by James M Nathenson, et al Motion Docket Date 10/31/02 [86-1] motion, filed (kprice) (Entered: 10/11/2002) 10/16/ JOINT DISCOVERY/Case Management Plan by s and Defendants, filed (fmremp) (Entered: 10/17/2002)

13 10/18/ Minute Entry Order: Scheduling Conference held. Apps: R Greenberg for pltf ; D Sterling for defts ; denying pltfs [86-1] motion for leave to file second consolidated amended complaint ; terminated deadlines ; Ct Reporter: A Manley, entered. Docket Control Order entered. Parties ntfd. ( Signed Judge Sim Lake ) (kprice) Modified on 10/28/2002 (Entered: 10/21/2002) 10/18/ DOCKET CONTROL ORDER ; setting Pltf expert witness list submitted by 1/17/03 ; Deft expert witness list submitted by 2/14/03 Discovery cutoff 2/28/03 ; Deadline for filing all dispositive motions 3/7/03 ; Deadline for filing nondispositive motions 4/18/03 ; Joint Pretrial order to be submitted on or before 5/2/03 ; Docket call deadline 4:00 5/9/03 ; Motion to certify class due for 11/15/02 before Judge Sim Lake, entered. Parties notified. ( Signed by Judge Sim Lake ) (kprice) (Entered: 10/21/2002) 10/18/2002 Deadline updated; Set notice of compliance due for 11/15/02 (kprice) (Entered: 10/21/2002) 10/28/ MOTION for entry of an order certifying interlocutory appeal of denial of leave to amend by James M Nathenson, dsam Global Value, Motion Docket Date 11/17/02 [90-1] motion, filed. (kprice) (Entered: 10/28/2002) 11/15/ MOTION for class certification by James M Nathenson, dsam Global Value, Jonathan Margalit, et al Motion Docket Date 12/5/02 [91-1] motion, filed. (kprice) (Entered: 11/17/2002) 11/15/ MEMORANDUM by James M Nathenson, dsam Global Value, Jonathan Margalit, et al in support of [91-1] motion for class certification, filed (kprice) (Entered: 11/17/2002) 11/15/ DECLARATION of Roger Greenberg in support of [91-1] motion for class certification, filed. (kprice) (Entered: 11/17/2002) 11/18/ RESPONSE by Zonagen Inc, Joseph Podolski, Steven Blasnik in opposition to Lead Pltfs [90-1] motion for entry of an order certifying interlocutory appeal of denial of leave to amend, filed (psmith) (Entered: 11/19/2002) 11/26/ ORDER ; denying lead pltfs' [90-1] motion for entry of an order certifying interlocutory appeal of denial of leave to amend, entered; Parties notified. ( signed by Judge Sim Lake ) (kprice) (Entered: 11/26/2002) 12/05/ RESPONSE by Zonagen Inc, Joseph Podolski, et al to lead pltfs' [91-1] motion for class certification, filed. (kprice) (Entered: 12/06/2002) 12/16/ ORDER CERTIFYING CLASS ; granting pltf's [91-1] motion for class certification, entered; Finkelstein, Thompson & Loughran is appointed as Class Counsel and Schwartz, Junell, Campbell & Oathout, LLP is appointed as Liasion Counsel. IT IS SO ORDERED. Parties notified. ( signed by Judge Sim Lake ) (kprice) (Entered: 12/17/2002) 03/07/ MOTION for summary judgment by Zonagen Inc, Joseph Podolski, Steven Blasnik, et al, Motion Docket Date 3/27/03 motion, filed. (kprice) (Entered: 03/09/2003) 03/07/ EXHIBITS to defts' [98-1] motion for summary judgment by Zonagen Inc, Joseph

14 Podolski, Steven Blasnik, et al, filed (in brown expandable folder). (kprice) (Entered: 03/09/2003) 03/27/ MEMORANDUM by James M Nathenson, dsam Global Value, Jonathan Margalit, et al in opposition to defts' [98-1] motion for summary judgment, filed (kprice) (Entered: 03/28/2003) 03/27/ DECLARATION of Roger B Greenberg in opposition to defts' [98-1] motion for summary judgment, filed (in 3 brown expandable folders). (kprice) (Entered: 03/28/2003) 04/02/ REPLY BRIEF by Zonagen Inc, Joseph Podolski, et al in support of deft's [98-1] motion for summary judgment, filed. (kprice) (Entered: 04/03/2003) 04/18/ MOTION to exclude the testimony of pltfs' expert Gary L French by Zonagen Inc, Joseph Podolski, Motion Docket Date 5/8/03 [103-1] motion, filed. (kprice) (Entered: 04/21/2003) 04/18/ MOTION to strike the submission and testimony of defts' designated patent "expert," John T Goolkasian, Esq by James M Nathenson, dsam Global Value, Jonathan Margalit, et al, Motion Docket Date 5/8/03 [104-1] motion, filed. (kprice) (Entered: 04/21/2003) 04/18/ MEMORANDUM of Law by James M Nathenson, dsam Global Value, Jonathan Margalit, et al in support of pltfs' [104-1] motion to strike the submission and testimony of defts' designated patent "expert," John T Goolkasian, Esq, filed (kprice) (Entered: 04/21/2003) 04/18/ MOTION to strike the submissions of defts' expert, Frderick C Dunbar and to bar Mr Dunbar's testimony by James M Nathenson, dsam Global Value, Jonathan Margalit, Motion Docket Date 5/8/03 [106-1] motion, filed. (kprice) (Entered: 04/21/2003) 04/18/ MEMORANDUM of Law by James M Nathenson, dsam Global Value, Jonathan Margalit, et al in support of pltfs' [106-1] motion to strike the submissions of defts' expert, Frderick C Dunbar and to bar Mr Dunbar's testimony, filed (kprice) (Entered: 04/21/2003) 04/25/ SURREPLY MEMORANDUM of Law by James M Nathenson, dsam Global Value, Jonathan Margalit, et al in opposition to defts' [98-1] motion for summary judgment, filed (kprice) (Entered: 04/28/2003) 04/25/ SECOND DECLARATION of Roger B Greenberg in [108-1] further opposition to defts' motion for summary judgment, filed. (kprice) (Entered: 04/28/2003) 04/29/ RESPONSE by Zonagen Inc, Joseph Podolski to Pltfs Surreply to [98-1] motion for summary judgment, filed (psmith) (Entered: 04/30/2003) 04/30/ ORDER terminated deadlines Docket Call is CANCELLED. The parties shall not file the Joint Pretrial Order until the court order otherwise, entered; Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 04/30/2003) 05/02/ SUPPLEMENTAL MEMORANDUM by James M Nathenson, dsam Global Value, et al in opposition to defts' [98-1] motion for summary judgment, filed

15 (kprice) (Entered: 05/05/2003) 05/02/ MEMORANDUM of Law by James M Nathenson, dsam Global Value, Jonathan Margalit, et al in opposition to defts' motion to strike the testimony of pltfs' expert Gary L French, filed (in brown expandable folder) (kprice) (Entered: 05/05/2003) 05/08/ AGRRED STIPULATION extending time in which defts' may respond to motions to strike expert testimony, by James M Nathenson, Zonagen Inc, Joseph Podolski, Steven Blasnik, filed. (kprice) (Entered: 05/09/2003) 05/16/ BRIEF in response to pltfs' [104-1] motion to strike the submission and testimony of defts' designated patent "expert," John T Goolkasian, Esq by Zonagen Inc, Joseph Podolski, Steven Blasnik, et al, filed. (kprice) (Entered: 05/19/2003) 05/16/ BRIEF in response to pltfs' [106-1] motion to strike the submissions of defts' expert, Frderick C Dunbar and to bar Mr Dunbar's testimony by Zonagen Inc, Joseph Podolski, Steven Blasnik, et al, filed. (kprice) (Entered: 05/19/2003) 06/13/ MEMORANDUM AND ORDER granting [98-1] motion for summary judgment granting in part, denying in part [103-1] motion to exclude the testimony of pltfs' expert Gary L French denying [106-1] motion to strike the submissions of defts' expert, Frderick C Dunbar and to bar Mr Dunbar's testimony denying [104-1] motion to strike the submission and testimony of defts' designated patent "expert," John T Goolkasian, Esq, entered. Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 06/13/2003) 06/13/ FINAL JUDGMENT Case DISMISSED with prejudice, entered. Parties ntfd. ( signed by Judge Sim Lake ) (hlerma) (Entered: 06/13/2003) 06/13/2003 Case closed (hlerma) (Entered: 06/13/2003) 06/24/ NOTICE OF APPEAL of [118-1] order, [117-1] order, [88-2] minute entry order, [82-2] order by James M Nathenson, Amit Sanghvi, Robert Strassman, Arno Hausmann, filed. Fee Status: paid Receipt #: (jdavenport) (Entered: 06/26/2003) 06/26/2003 Notice of appeal and Copy of docket transmitted to USCA: [119-1] appeal (jdavenport) (Entered: 06/26/2003) 07/02/ Transcript request for [119-1] notice of appeal re: This is to order a transcript of the scheduling conference held on 10/18/02 and a hearing held on 12/7/01 before Judge Lake, by Ct Reporter: A Manley, filed. (kprice) (Entered: 07/03/2003) 07/07/2003 NOTICE of Docketing NOA from USCA Re: [119-1] appeal USCA NUMBER: (jdavenport) (Entered: 07/09/2003) 08/29/ TRANSCRIPT OF PROCEEDINGS of Hearing for dates of 12/7/01 before Judge Sim Lake, filed. ( Court Rptr: A Manley) (kprice) (Entered: 09/02/2003) 08/29/ TRANSCRIPT OF PROCEEDINGS of Hearing for dates of 10/18/02 before Judge Sim Lake, filed. ( Court Rptr: A Manley) (kprice) (Entered: 09/02/2003) 09/16/2003 Certified and transmitted record on appeal consisting of 28 volumes of pleadings (21 of CA , 1 each of CA , CA , CA , CA , CA , CA , CA to U.S. Court of Appeals: [119-1]

16 appeal. Circuit No Parties ntfd. (jdavenport) (Entered: 09/16/2003) 07/27/ Certified copy of PER CURIAM by USCA, filed. CCA No AFFIRMED (jdavenport) (Entered: 07/27/2004) 07/27/ JUDGMENT OF USCA (certified copy) of June 16, 2004 issued as mandate on July 22, 2004 affirming the Judgment of the District Court Re: [123-1] appeal, [119-1] appeal, filed. CCA No /appellants pay to defendantsappellees the costs on appeal. (jdavenport) (Entered: 07/27/2004) 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