U.S. District Court District Of Arizona (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:04-cv NVW

Transcription

1 US District Court Civil Docket as of 05/01/2006 Retrieved from the court on Tuesday, November 07, 2006 U.S. District Court District Of Arizona (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:04-cv NVW Davidco Investors v. Swift Transportation, et al Assigned to: Judge Neil V Wake Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Davidco Investors Individually and On Behalf of All Others Similarly Situated Date Filed: 11/05/2004 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question represented by Andrew S Friedman Bonnett Fairbourn Friedman & Balint PC 2901 N Central Ave Ste 1000 Phoenix, AZ Fax: afriedman@bffb.com Francis Joseph Balint, Jr Bonnett Fairbourn Friedman & Balint PC 2901 N Central Ave Ste 1000 Phoenix, AZ Fax: fbalint@bffb.com Lee A Weiss Milberg Weiss Bershad & Schulman LLP 1 Pennsylvania Plaza 49th Floor New York, NY Fax: lweiss@milbergweiss.com Mark Hanna

2 Davis Cowell & Bowe LLP 1701 K St NW Ste 210 Washington, DC (202) Patrick James Van Zanen Margrave Celmins Whiteman PC 8171 E Indian Bend Rd Ste 101 Scttosdale, AZ Fax: pvanzanen@mclawfirm.com Peter E Seidman Milberg Weiss Bershad & Schulman LLP 1 Pennsylvania Plaza 49th Floor New York, NY (202) Reuben A Guttman Milberg Weiss Bershad & Schulman LLP 1920 L St NW Ste 400 Washington, DC (202) Stephen G Schulman Milberg Weiss Bershad & Schulman LLP 1 Pennsylvania Plaza New York, NY Fax: sschulman@milbergweiss.com Plaintiff Robert Greene represented by Andrew S Friedman

3 Francis Joseph Balint, Jr Marc A Topaz Schiffrin & Barroway LLP 280 King of Prussia Rd Radnor, PA Fax: ecf_filings@sbclasslaw.com Patrick James Van Zanen Richard A Maniskas Schiffrin & Barroway LLP 280 King of Prussia Rd Radnor, PA Fax: ecf_filings@sbclasslaw.com Plaintiff Virgil Tuttle represented by Andrew S Friedman Francis Joseph Balint, Jr Patrick James Van Zanen

4 V. Defendant Swift Transportation Company, Inc represented by Cynthia M Reed Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA (650) Kent W Easter Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA (650) Lloyd Winawer Wilson Sonsini Goodrich & Rosati PC 650 Page Mill Road Palo Alto, CA Fax: lwinawer@wsgr.com Nicole Healy Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA Fax: nhealy@wsgr.com Vaughn Eric Bunch Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA Fax: vbunch@wsgr.com

5 Brian Peter Thomas Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA Fax: Defendant Gary R Enzor represented by Cynthia M Reed Kent W Easter Lloyd Winawer Nicole Healy Vaughn Eric Bunch Brian Peter Thomas Defendant Patrick J Farley represented by Cynthia M Reed Kent W Easter

6 Lloyd Winawer Nicole Healy Vaughn Eric Bunch Brian Peter Thomas Defendant Jerry C Moyes represented by Cynthia M Reed Kent W Easter Lloyd Winawer Nicole Healy Vaughn Eric Bunch Brian Peter Thomas

7 Defendant William F Riley, III represented by Cynthia M Reed Kent W Easter Lloyd Winawer Nicole Healy Vaughn Eric Bunch Brian Peter Thomas Movant Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund represented by Andrew S Friedman Francis Joseph Balint, Jr Peter E Seidman

8 Reuben A Guttman Stephen G Schulman Date Filed # Docket Text 11/05/ COMPLAINT FILED (ESH) (Entered: 11/08/2004) 11/19/ Party elects assignment of case to district judge ; mag election form ddl satisfied 11/19/04 (MAP) (Entered: 11/29/2004) 11/29/ MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been recieved for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Neil V. Wake All further papers/pleadings should now list the following COMPLETE case number: CIV PHX-NVW (cc: all counsel/nvw/ms) [3-2] (MAP) (Entered: 11/29/2004) 12/08/2004 Pro Hac Vice $100 Fee Paid as to Steven G Schulman (BAS) Modified on 04/01/2005 (Entered: 12/08/2004) 12/08/ MOTION (Application) of Attorney for Admission to Practice Pro Hac Vice Pursuant to Local Rule 1.5(b)(3) as to Steven G Schulman, atty for pla [4-1] (SAT) (Entered: 12/10/2004) 12/14/ ORDER FOR ADMISSION OF ATTORNEY PRO HAC VICE by Judge Neil V. Wake that the Motion (Application) of Attorney for Admission to Practice Pro Hac Vice Pursuant to Local Rule 1.5(b)(3) as to Steven G Schulman, atty for pla [4-1] is granted (cc: all counsel) (SAT) (Entered: 12/14/2004) 12/23/ MOTION for admission pro hac vice as to Lloyd Winawer, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [6-1] (KCS) (Entered: 12/29/2004) 12/23/ MOTION for admission pro hac vice as to Kent W. Easter, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [7-1] (KCS) (Entered: 12/29/2004) 12/23/ MOTION for admission pro hac vice as to Nicole M. Healy, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [8-1] (KCS) (Entered: 12/29/2004) 12/23/ CERTIFICATE of service of 3 motions for admission to practice pro hac vice and proposed orders for admission by dfts (KCS) (Entered: 12/29/2004) 12/27/2004 REMARK as to Davidco Investors re atty Richard B Brualdi Law Offices of

9 Richard B Brualdi 29 Broadway Ste 1515 New York NY removed from database for noncompliance w/admission deadlne of 12/8/04 pty represented by other admitted counsel (BAS) (Entered: 12/27/2004) 12/29/2004 Pro Hac Vice $100 Fee Paid as to Nicole Healy (BAS) Modified on 04/01/2005 (Entered: 12/29/2004) 12/29/2004 Pro Hac Vice $100 Fee Paid as to Kent W Easter (BAS) Modified on 04/01/2005 (Entered: 12/29/2004) 12/29/2004 Pro Hac Vice $100 Fee Paid as to Lloyd Winawer (BAS) Modified on 04/01/2005 (Entered: 12/29/2004) 12/30/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Nicole M. Healy, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [8-1] (cc: all counsel) (KCS) (Entered: 12/30/2004) 12/30/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Kent W. Easter, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [7-1] (cc: all counsel) (KCS) (Entered: 12/30/2004) 12/30/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Lloyd Winawer, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [6-1] (cc: all counsel) (KCS) (Entered: 12/30/2004) 01/04/ MOTION for appointment as lead pla by movant Local 1262 UFCW [13-1], and approval of its selection of lead counsel and liaison counsel by movant Local 1262 UFCW [13-2], and to consolidate this case with CV PHX-DGC and CV PHX-NVW by movant Local 1262 UFCW [13-3] (DMT) (Entered: 01/06/2005) 01/04/ MOTION for admission pro hac vice as to Vaughn E Bunch, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [14-1] (DMT) Modified on 01/06/2005 (Entered: 01/06/2005) 01/06/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Vaughn E Bunch, atty for dft Swift Transportation, dft Gary R Enzor, dft Patrick J Farley, dft Jerry C Moyes, dft William F Riley III [14-1] (cc: all counsel) (DMT) (Entered: 01/06/2005) 01/06/ WAIVER of Service of summons and complaint upon dft Jerry C Moyes ; waiver sent on 12/10/04 (MAP) (Entered: 01/10/2005) 01/06/ WAIVER of Service of summons and complaint upon dft Patrick J Farley ; waiver sent on 12/10/04 (MAP) (Entered: 01/10/2005) 01/06/ WAIVER of Service of summons and complaint upon dft Gary R Enzor ; waiver sent on 12/10/04 (MAP) (Entered: 01/10/2005) 01/06/ WAIVER of Service of summons and complaint upon dft Swift Transportation ; waiver sent on 12/10/04 (MAP) (Entered: 01/10/2005)

10 01/06/ WAIVER of Service of summons and complaint upon dft William F Riley III ; waiver sent on 12/10/04 (MAP) (Entered: 01/10/2005) 01/07/2005 Pro Hac Vice $100 Fee Paid as to Vaughn Eric Bunch (BAS) Modified on 03/31/2005 (Entered: 01/07/2005) 01/10/ MOTION for admission pro hac vice as to Cynthia M. Reed, atty for dfts [21-1] (KCS) (Entered: 01/11/2005) 01/10/ CERTIFICATE of service of application of atty for Admission to Practice Pro Hac Vice Pursuant to Local Rule 83.1(b)(3) by dfts (KCS) (Entered: 01/11/2005) 01/11/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Cynthia M. Reed, atty for dfts [21-1] (cc: all counsel) (KCS) (Entered: 01/11/2005) 01/12/2005 Pro Hac Vice $100 Fee Paid as to Cynthia M Reed (BAS) Modified on 03/31/2005 (Entered: 01/12/2005) 01/12/ MOTION for admission pro hac vice as to Peter E. Seidman, atty for pla Davidco Investors, movant Local 1262 UFCW [24-1] (KCS) (Entered: 01/14/2005) 01/14/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Peter E. Seidman, atty for pla Davidco Investors, movant Local 1262 UFCW [24-1] (cc: all counsel) (KCS) (Entered: 01/14/2005) 01/19/2005 Pro Hac Vice $100 Fee Paid as to Peter E Seidman (BAS) Modified on 03/31/2005 (Entered: 01/19/2005) 01/26/2005 Pro Hac Vice $100 Fee Paid as to Reuben A Guttman (BAS) Modified on 03/31/2005 (Entered: 01/26/2005) 01/26/ MOTION for admission pro hac vice as to Reuben A. Guttman, atty for pla Davidco Investors [26-1] (KCS) (Entered: 01/28/2005) 01/28/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Reuben A. Guttman, atty for pla Davidco Investors [26-1] (cc: all counsel) (KCS) (Entered: 01/28/2005) 02/17/ MOTION for admission pro hac vice as to Mark Hanna, atty for pla Davidco Investors [28-1] (KCS) (Entered: 02/22/2005) 02/17/ MOTION for admission pro hac vice as to Mark Hanna, atty for pla Davidco Investors [29-1] (MAP) (Entered: 02/22/2005) 02/23/2005 Pro Hac Vice $100 Fee Paid as to Mark Hanna (BAS) Modified on 03/31/2005 (Entered: 02/23/2005) 02/23/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Mark Hanna, atty for pla Davidco Investors [29-1] (cc: all counsel) (KCS) (Entered: 02/23/2005) 04/25/ JOINT STIPULATION to consolidate cases with lead CIV PHX-NVW, and member cases CIV PHX-DGC, CIV PHX-NVW by pla, dfts (SRB) (Entered: 04/25/2005) 04/25/ CERTIFICATE of service by dfts of stipulation to consolidate cases (SRB)

11 (Entered: 04/25/2005) 05/05/ CONSOLIDATION AND SCHEDULING ORDER by Judge Neil V. Wake granting motion to consolidate this case with CV PHX-DGC and CV PHX-NVW by movant Local 1262 UFCW [13-3]; Lead Case Consolidated 2:04-cv-2435 w/member cases: 2:04-cv-2492, 2:04-cv-2874 See document for full dtls (cc: all counsel) (MAP) Modified on 05/05/2005 (Entered: 05/05/2005) 06/07/ ORDER by Judge Neil V. Wake setting motion for appointment as lead pla by movant Local 1262 UFCW [13-1]; and motion approval of its selection of lead counsel and liaison counsel by movant Local 1262 UFCW [13-2] at 11:00 7/29/05 FURTHER ORDERED that any party who has not filed a motion for appt as lead counsel and lead plaintiff can file such a motion by 7/6/05 (cc: all counsel) (MAP) (Entered: 06/07/2005) 06/09/ ORDER by Judge Neil V. Wake vacating [34-1] order filed on 6/7/05; granting motion for appointment as lead pla by movant Local 1262 UFCW [13-1], UFCW Local 1262 Pension Fund is appointed to serve as lead pla in this action; granting motion approval of its selection of lead counsel and liaison counsel by movant Local 1262 UFCW [13-2]; the law firm of Milberg Weiss Bershad & Schulman LLP is hereby approved as Lead Counsel for the class; the law firm of Bonnet Fairbourn Friedman & Balint, PC is hereby approved as Liasion Counsel (cc: all counsel) (SRB) (Entered: 06/09/2005) 06/16/ MOTION for admission pro hac vice as to Lee A Weiss, atty for pla in 2:04-cv [36-1] (CMM) (Entered: 06/17/2005) 06/16/ STIPULATION to extend time to 8/12/05 to file consolidated complaint, 9/30/05 to file motion to dismiss consolidated complaint, 11/11/05 to file response to motion to dismiss, and 12/16/05 to file reply to response to motion to dismiss by pla, dfts in 2:04-cv (LSP) (Entered: 06/17/2005) 06/17/2005 Pro Hac Vice $ Fee Paid as to Lee A Weiss in 2:04-cv (BAS) (Entered: 06/17/2005) 06/17/ ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Lee A Weiss, atty for pla [36-1] (cc: all counsel) (MAP) (Entered: 06/17/2005) 06/20/ ORDER by Judge Neil V. Wake granting stipulation to extend time to 8/12/05 to file consolidated complaint, 9/30/05 to file motion to dismiss consolidated complaint, 11/11/05 to file response to motion to dismiss, and 12/16/05 to file reply to response to motion to dismiss by pla, dfts in 2:04-cv in 2:04-cv (cc: all counsel) (CMM) (Entered: 06/20/2005) 08/08/ STIPULATION Revised Joint Stipulation Re Scheduling by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Healy, Nicole) (Entered: 08/08/2005) 08/08/ CERTIFICATE OF SERVICE by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III re 40 Stipulation (Healy, Nicole) (Entered: 08/08/2005) 08/08/ ORDER granting 40 STIPULATION Revised Joint Stipulation Re Scheduling filed by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C

12 Moyes, William F Riley, III. (Healy, Nicole). Lead Pla shall file its consolidated complaint no later than 8/19/05; Dfts shall file their motion to dismiss no later than 10/7/05; Lead Pla shall file its oppositonto Dfts' Motion to Dismiss no later than 11/16/05; Dfts shall file any reply in support of their motion to dismiss no later than 12/21/05. Signed by Judge Neil V. Wake on 8/8/5. (LSP) (Entered: 08/08/2005) 08/10/2005 Copy of document number 42, mailed to Vaughn Bunch, Kent Easter, Reuben Guttman, Mark Hanna, Cynthia Reed, Steven Schulman, Peter Seidman, Lee Weiss on this date. (EAT, ) (Entered: 08/10/2005) 08/19/ AMENDED COMPLAINT - Consolidated amended complaint for the violations of federal securities laws (Part 1 of 3) against all defendants; Jury Demand, filed by Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund.(Weiss, Lee) (Entered: 08/19/2005) 08/19/ AMENDED COMPLAINT - Consolidated amended complaint for the violations of federal securities laws (Part 2 of 3) against all defendants; Jury Demand, filed by Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund.(Weiss, Lee) (Entered: 08/19/2005) 08/19/ AMENDED COMPLAINT - Consolidated amended complaint for the violations of federal securities laws (Part 3 of 3) against all defendants; Jury Demand, filed by Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund.(Weiss, Lee) (Entered: 08/19/2005) 09/20/ MOTION for Admission Pro Hac Vice by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Attachments: # 1 Text of Proposed Order Order for Admission of Attorney Pro Hac Vice)(Thomas, Brian) (Entered: 09/20/2005) 09/20/ CERTIFICATE OF SERVICE by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III re 46 MOTION for Admission Pro Hac Vice (Thomas, Brian) Modified on 9/21/2005 (KCS). DOCUMENT FILE WITH INCORRECT CASE CAPTION. (Entered: 09/20/2005) 09/21/ NOTICE TO FILER OF DEFICIENCY re 47 Certificate of Service filed by Swift Transportation Company, Inc,, Gary R Enzor,, Patrick J Farley,, Jerry C Moyes,, William F Riley, III. Description of deficiency: Case caption is incorrect. Read #48 for details. (Attachments: # 1 Example of correct format from Consolidation and Scheduling Order #33) (KCS) (Entered: 09/21/2005) 09/22/2005 Copy of document number 48, mailed to Kent Easter, Reuben Guttman, Mark Hanna, Cynthia Reed, Steven Schulman, Peter Seidman on this date. (EAT, ) (Entered: 09/22/2005) 09/26/ STIPULATION Revised Joint Stipulation Re Briefing Schedule and For Extension of Page Limits by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Healy, Nicole) (Entered: 09/26/2005) 09/26/ CERTIFICATE OF SERVICE by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III re 49 Stipulation (Healy, Nicole) (Entered: 09/26/2005) 09/30/ ORDER re 49 Revised Joint Stipulation Re Briefing Schedule and For Extension of

13 Page Limits filed by Swift Transportation Company Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III; Defendants shall file their motion todismiss the consolidated complaint no later than October 21, 2005; Lead Plaintiffshall file its opposition to Defendants' motion to dismiss no later than December 7, 2005;and Defendants shall file any reply in support of their motion to dismiss no later thanjanuary 13, 2006; anddefendants may file an opening motion to dismiss the Consolidated Amended Complaintand supporting memorandum of points and authorities of up to 25 pages in length; LeadPlaintiff may file an opposition memorandum of up 25 pages in length; and Defendants may file a reply memorandum of up to 15 pages in length, all exclusive of face sheets,tables of contents, tables of authorities, and supporting documents. Dispositive motions due by 10/21/ Signed by Judge Neil V Wake on 9/29/05. (REW, ) (Entered: 10/01/2005) 10/03/2005 Copy of document number 51, mailed to Kent W Easter, Reuben A Guttman, Mark Hanna, Cynthia M Reed, Steven G Schulman, Peter E Seidman; and from consolidated case CV Marc A Topaz and Richard A Maniskas on this date. (REW, ) (Entered: 10/03/2005) 10/14/ ORDER granting 46 Motion for Admission Pro Hac Vice. Signed by Judge Neil V Wake on 10/7/2005. (BAS, ) (Entered: 10/14/2005) 10/21/ MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for Violations of the Federal Securities Laws; Memorandum of Points and Authorities by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Healy, Nicole) (Entered: 10/21/2005) 10/21/ REQUEST re: Defendants' Identification of Documents Incorporated by Reference Into the Amended Complaint and Request for Judicial Notice by Defendants Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Healy, Nicole) (Entered: 10/21/2005) 10/21/ DECLARATION of Declaration of Nicole M. Healy in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint re 54 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for Violations of the Federal Securities Laws; Memorandum of Points and Authorities by Defendants Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3-5# 4 Exhibit 6-13# 5 Exhibit 14-19# 6 Exhibit 20# 7 Exhibit 21)(Healy, Nicole) (Entered: 10/21/2005) 12/01/ IT IS ORDERED setting oral argument on 54 Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for 2/17/2006 at 03:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003, before Judge Neil V. Wake. Entered by Judge Neil V. Wake on 12/1/2005. (NVW, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/01/2005) 12/07/ RESPONSE in Opposition re 54 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for Violations of the Federal Securities Laws; Memorandum of Points and Authorities LEAD PLAINTIFF'S

14 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED COMPLAINT filed by Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund. (Weiss, Lee) (Entered: 12/07/2005) 12/07/ DECLARATION of DECLARATION OF LEE A. WEISS IN SUPPORT OF LEAD PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED COMPLAINT re 58 Response in Opposition to Motion, by Movants Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund, Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund filed by Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund, Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund. (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)(Weiss, Lee) (Entered: 12/07/2005) 01/05/ On the court's own motion, IT IS ORDERED resetting the TIME ONLY for the motion hearing re 54 Motion to Dismiss Case from 3:00 PM to 9:00 AM on 2/17/2006 in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003, before Judge Neil V. Wake.(NVW, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/05/2006) 01/05/ STIPULATION Joint Stipulation Re Briefing Schedule by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Healy, Nicole) (Entered: 01/05/2006) 01/05/ CERTIFICATE OF SERVICE by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III (Healy, Nicole) (Entered: 01/05/2006) 01/06/ ORDER granting 61 Joint Stipulation Re Briefing Schedule. Signed by Judge Neil V. Wake on 1/6/2006. (NVW, ) (Entered: 01/06/2006) 01/25/ REPLY to Response to Motion re 54 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for Violations of the Federal Securities Laws; Memorandum of Points and Authorities filed by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Attachments: # 1 Exhibit 22)(Winawer, Lloyd) Modified on 1/26/2006 (MAP, ). INCORRECT PDF ATTACHED. CORRECTION MADE BY COUNSEL, ATTACHING CORRECT EXHIBITS TO DOCUMENT #66. (Entered: 01/25/2006) 01/25/ REPLY to Response to Motion re 54 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for Violations of the Federal Securities Laws; Memorandum of Points and Authorities filed by Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley, Jerry C Moyes, William F Riley, III. (Winawer, Lloyd) (Entered: 01/25/2006) 01/25/ DECLARATION of Supplemental Declaration of Nicole M. Healy in Support of Defendants' Reply to Plaintiffs' Opposition to Motion to Dissmiss Plaintiffs' Consolidated Amended Complaint re 65 Reply to Response to Motion, by Defendants Swift Transportation Company, Inc, Gary R Enzor, Patrick J Farley,

15 Jerry C Moyes, William F Riley, III. (Attachments: # 1 Exhibit 22)(Winawer, Lloyd) (Entered: 01/25/2006) 01/26/ NOTICE TO FILER OF DEFICIENCY re 64 Reply to Response to Motion, filed by Swift Transportation Company, Inc,, Gary R Enzor,, Patrick J Farley,, Jerry C Moyes,, William F Riley, III. Description of deficiency: Incorrect PDF document attached. (MAP, ). (Entered: 01/26/2006) 02/17/ Minute Entry for proceedings held before Judge Neil V Wake : Motion Hearing held on 2/17/2006 re 54 Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for Violations of the Federal Securities Laws filed by Swift Transportation Company, Inc, Gary R Enzor,Patrick J Farley, Jerry C Moyes,William F Riley, III. Motion taken under advisement. (Court Reporter Laurie Adams.) (VAR) (Entered: 02/17/2006) 02/27/ TRANSCRIPT DESIGNATION AND ORDER FORM by Swift Transportation Company, Inc for hearing on defendant's motion to dismiss case proceedings held on 2/17/2006 before Judge Neil V Wake. (BAS, ) (Entered: 02/28/2006) 03/06/ TRANSCRIPT of Motion Hearing Proceedings held on 2/17/06 before Judge Neil V Wake. Court Reporter: Laurie A Adams. (BAS, ) (Entered: 03/07/2006) 03/31/ ORDER granting 54 Defendants' Motion to Dismiss Case. IT IS ORDERED granting 55 Defendants' Request for Judicial Notice. IT IS FURTHER ORDERED that Plaintiff's Amended Complaint, Doc. # 43, isdismissed for failure to comply with the PLSRA's pleading requirements with leave to filea further amended complaint by April 28, 2006, submitting both clean and red-lined versionsin compliance with Local Rule LRCiv 15.1.IT IS FURTHER ORDERED that any motion to dismiss a further amended complaintmust be filed within 28 days of service of the further amended complaint, any responsewithin 28 days of service of the motion, and any reply within 15 days of service of theresponse. Oral argument on any motion to dismiss will be set for July 28, 2006, at 1:30 p.m.this briefing schedule will not be extended absent extraordinary circumstances.signed by Judge Neil V Wake on 3/29/06. (TLJ) (Entered: 03/31/2006) 04/28/ STIPULATION of Dismissal STIPULATION OF VOLUNTARY DISMISSAL, WITH PREJUDICE, PURSUANT TO RULE 41(A) by Local 1262 United Food and Commercial Workers Local 1262 and Employers Pension Plan Fund. (Attachments: # 1 Exhibit ORDER OF VOLUNTARY DISMISSAL)(Weiss, Lee) (Entered: 04/28/2006) 05/01/ ORDER DISMISSING CASE. Pursuant to Rule 41(a)(1)(ii), Federal Rules of Civil Procedure, and the stipulation of the parties dated April 28, , IT IS ORDERED all remaining claims in these actions are dismissed with prejudice, and each party will bear its own attorney fees and costs. IT IS FURTHER ORDERED vacating all pending deadlines and hearings and directing the clerk to terminate this case. Signed by Judge Neil V Wake on 05/01/06. (KCS) (Entered: 05/01/2006) 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

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