US District Court for the Southern District of New York

Transcription

1 US District Court Civil Docket as of 06/22/2004 Retrieved from the court on Friday, June 25, 2004 US District Court for the Southern District of New York (Foley Square - NYC) 1:02cv1765 Leykin v. AT&T Corporation, et al Date Filed: 03/05/2002 Assigned To: Judge Louis L Stanton Referred To: Nature of suit: Securities (850) Cause: Securities Exchange Act Lead Docket: 1:02-cv LLS Other Docket: None Jurisdiction: Federal Question Litigants Semen Leykin, on Behalf of Himself and All Others Similarly Situated PLAINTIFF Christopher J Gray Lovell & Stewart, LLP 500 Fifth Avenue New York, NY (212) Class Code: LEAD Closed: No Statute: 15:78m(a) Jury Demand: Both Demand Amount: $0 Attorneys Christopher Lovell Lovell & Stewart, LLP 500 Fifth Avenue New York, NY (212) Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY 10110

2 (212) Christopher Lovell Lovell & Stewart, LLP 500 Fifth Avenue New York, NY (212) v. AT&T Corporation Alan M Unger Sidley, Austin, Brown & Wood, LLP Charles W Douglas Pro Hac Vice Frederic S Newman Hoguet, Newman & Regal, LLP 10 East 40TH Street New York, NY (212) John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312)

3 Stephen C Carlson Sidley & Austin One First National Plaza Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Patti S Hart Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) C Michael Armstrong Charles W Douglas Pro Hac Vice Frederic S Newman Hoguet, Newman & Regal, LLP 10 East 40TH Street New York, NY (212) John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza

4 (312) Stephen C Carlson Sidley & Austin One First National Plaza Alan M Unger Sidley, Austin, Brown & Wood, LLP Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Mark McEachen Jack P Dicanio Proskauer, Rose, LLP 2049 Century Park East 32ND Floor Los Angeles, CA (310) Fax : (310) Jonathan E Rich Proskauer, Rose, LLP 2049 Century Park East 32ND Floor Los Angeles, CA (310) Fax : (310) Richard Marmaro Proskauer Rose

5 2049 Century Park East Los Angeles, CA (310) Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Frank Ianna Charles W Douglas Pro Hac Vice John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza Alan M Unger Sidley, Austin, Brown & Wood, LLP

6 Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Charles H Noski Charles W Douglas Pro Hac Vice John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza Alan M Unger Sidley, Austin, Brown & Wood, LLP Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway -5820

7 (212) Daniel H Somers Charles W Douglas Pro Hac Vice John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza Alan M Unger Sidley, Austin, Brown & Wood, LLP Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Mufit Cinali Charles W Douglas

8 [Term: 09/18/2003] [Term: 09/18/2003] Pro Hac Vice John J Lavelle [Term: 09/18/2003] Sidley, Austin, Brown & Wood Sheila A Sundvall [Term: 09/18/2003] Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson [Term: 09/18/2003] Sidley & Austin One First National Plaza Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) John C Petrillo Charles W Douglas Pro Hac Vice Frederic S Newman Hoguet, Newman & Regal, LLP 10 East 40TH Street New York, NY 10016

9 (212) John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza Alan M Unger Sidley, Austin, Brown & Wood, LLP Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) John C Malone Kenneth Bialo Baker & Botts, LLP 599 Lexington Avenue New York, NY

10 Paul A Ragusa Baker, Botts, LLP 30 Rockefeller Plaza 44TH Floor New York, NY (212) R Stan Mortenson Baker Botts LLP 1299 Pennsylvania Ave, NW Washington, DC (202) Ryan E Bull Baker Botts LLP 1299 Pensylvania Venue, NW, Washington DC Samuel L Waldon 1299 Pennsylvania Avenue NW Washington, DC Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Edward S Rogers Dorothy Jane Spenner Skadden, Arps, Slate, Meagher and Flom, LLP Four Times Square New York, NY (212) Jay B Kasner Skadden, Arps, Slate, Meagher & Flom (DC)

11 1440 New York Avenue Northwest Washington, DC Fax : Jkasner@skadden.com Richard L Brusca Skadden Arps Slate Meagher and Flom LLP 1440 New York Ave NW Suite 900 Washington, DC (202) Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) William R Hearst, III Alfred J Lechner, Jr Morgan, Lewis & Bockius, LLP 502 Carnegie Center Princeton, NJ (609) Randi Guest Morgan, Lewis and Bockius LLP (NY) 101 Park Avenue New York, NY Fax : Rguest@morganlewis.com Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway -5820

12 (212) David Woodrow Frederic S Newman Hoguet, Newman & Regal, LLP 10 East 40TH Street New York, NY (212) Alan M Unger Sidley, Austin, Brown & Wood, LLP Charles W Douglas Sidley Austin Brown & Ward LLP 10 South Dearborn Street (312) John J Lavelle Sidley, Austin, Brown & Wood LLP Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza

13 Thomas A Jermoluk Jean-Marie L Atamian Mayer, Brown, Rowe & Maw Two Palo Alto Square Suite 300 Palo Alto, CA (650) L John Doerr Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Kleiner, Perkins, Caufield & Byers Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Hossein Eslambolchi Alan M Unger Sidley, Austin, Brown & Wood, LLP Brian L Roberts Raymond Liguori Frederic S Newman Hoguet, Newman & Regal, LLP 10 East 40TH Street New York, NY (212) Alan M Unger Sidley, Austin, Brown & Wood, LLP

14 Charles W Douglas Pro Hac Vice John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza Mohan Gyani Alan M Unger Sidley, Austin, Brown & Wood, LLP George Bell Comcast Cable Communications, Inc At Home Suit Group, Inc Consol PLAINTIFF [Term: 02/24/2004] Frederick W Gerkens, III Lovell Stewart Halebian LLP

15 500 Fifth Avenue New York, NY (212) Kurt Buettler Consol PLAINTIFF [Term: 02/24/2004] Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY (212) Gerry Galiger Consol PLAINTIFF [Term: 02/24/2004] Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY (212) Stan Cohn Consol PLAINTIFF [Term: 02/24/2004] Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY (212) Ron Ventura Consol PLAINTIFF [Term: 02/24/2004] Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY (212) Channa Unger Consol PLAINTIFF [Term: 02/24/2004] Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY (212) Gregory Michael Egleston

16 Bernstein, Liebhard & Lifshitz, LLP 10 East 40TH Street 22ND Floor New York, NY (212) Frieda Eksler Consol PLAINTIFF [Term: 02/24/2004] Christopher Lovell Lovell & Stewart, LLP 500 Fifth Avenue New York, NY (212) Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY (212) Michael Eksler Consol PLAINTIFF [Term: 02/24/2004] Christopher Lovell Lovell & Stewart, LLP 500 Fifth Avenue New York, NY (212) Frederick W Gerkens, III Lovell Stewart Halebian LLP 500 Fifth Avenue New York, NY (212) Cox Communications, Inc Consol [Term: 02/24/2004] Daniel D Prichard Dow, Lohnes & Albertson PLLC 1200 New Hampshire Avenue, NW Suite 800 Washington, DC 20036

17 Frederic S Newman Hoguet, Newman & Regal, LLP 10 East 40TH Street New York, NY (212) Michael D Hays Dow, Lohnes & Albertson, PLLC 1200 New Hampshire Avenue, NW Suite 800 Washington, DC Michael D Rothberg Dow, Lohnes & Albertson, PLLC 1200 New Hampshire Avenue, NW Suite 800 Washington, DC Alan M Unger Sidley, Austin, Brown & Wood, LLP Charles W Douglas Pro Hac Vice Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) John J Lavelle Sidley, Austin, Brown & Wood

18 Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza Comcast Cable Communications, Inc Consol [Term: 02/24/2004] Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) George Bell Consol [Term: 02/24/2004] Jean-Marie L Atamian Mayer, Brown, Rowe & Maw 1675 Broadway (212) Mohan Gyani Consol [Term: 02/24/2004] Alan M Unger Sidley, Austin, Brown & Wood, LLP Charles W Douglas Pro Hac Vice Jean-Marie L Atamian

19 Mayer, Brown, Rowe & Maw 1675 Broadway (212) John J Lavelle Sidley, Austin, Brown & Wood Sheila A Sundvall Sidley Austin Brown & Wood Bank One Plaza (312) Stephen C Carlson Sidley & Austin One First National Plaza Date # Proceeding Text 03/05/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (jol) (Entered: 03/07/2002) 03/05/ Magistrate Judge Ronald L. Ellis is so designated. (jol) (Entered: 03/07/2002) 04/16/ Notice of Case Reassignment to Judge Richard M. Berman. Copy of notice and judge's rules mailed to Attorney(s) of record: Christopher J. Gray, Christopher Lovell. (jol) (Entered: 04/16/2002) 04/30/ Notice of Case Reassignment to Judge Thomas P. Griesa. Copy of notice and judge's rules mailed to Attorney(s) of record: Christopher J. Gray, Christopher Lovell. (gmo) (Entered: 05/07/2002) 05/06/ NOTICE OF MOTION by At Home Suit Group, Kurt Buettler, Gerry Galiger, Stan Cohn, Ron Ventura for an order to consolidate cases, for an order pursuant to Section 27(a)(3)(B)(i) of the Securities Act of 1933, 15 U.S.C. 77z-1(a)(3)(B)(i) and Section 21D(a)(3)(B)(i) of the Securities and Exchange Act of 1934, 15 U.S.C. 78u- 4(a)(3)(B)(i), appointing the above movants as lead plaintiff and, appointing Lovell & Stewart, LLP as lead counsel for the class. Return Date not indicated. Received in night deposit on 5/6/02 at 11:12 p.m. (moc) (Entered: 05/13/2002)

20 05/07/ AFFIDAVIT OF SERVICE of S/C as to C. Michael Armstrong by Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for C. Michael Armstrong. (cd) (Entered: 05/10/2002) 05/07/ AFFIDAVIT OF SERVICE of S/C as to C. Michael Armstrong by Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for C. Michael Armstrong. (cd) (Entered: 05/10/2002) 05/07/ AFFIDAVIT OF SERVICE of S/C as to Mufit Cinali by Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for Mufit Cinali. (cd) (Entered: 05/10/2002) 05/07/ AFFIDAVIT OF SERVICE of S/C as to Charles H. Noski by Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for Charles H. Noski. (cd) (Entered: 05/10/2002) 05/07/ AFFIDAVIT OF SERVICE of S/C as to Daniel H. Somers by Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for Daniel H. Somers. (cd) (Entered: 05/10/2002) 05/07/ AFFIDAVIT OF SERVICE of S/C as to John C. Petrillo by Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for John C. Petrillo. (cd) (Entered: 05/10/2002) 05/07/ AFFIDAVIT OF SERVICE of S/c as to Frank Ianna by Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for Frank Ianna. (cd) (Entered: 05/10/2002) 05/09/ AFFIDAVIT OF SERVICE of summons and complaint as to AT&T Corporation by Ms. Sheila Sundvall on 5/3/02. Answer due on 5/23/02 for AT&T Corporation. (bai) (Entered: 05/13/2002) 05/16/ Notice of Case Reassignment to Judge Louis L. Stanton. Copy of notice and judge's rules mailed to Attorney(s) of record: Christopher J. Gray, Christopher Lovell. (jol) (Entered: 05/20/2002) 05/24/ RULE 1.9 CERTIFICATE filed by AT&T Corporation. (db) (Entered: 05/31/2002) 05/24/ MEMORANDUM OF LAW by AT&T Corporation re: [11-2] motion for an order pursuant to Section 27(a)(3)(B)(i) of the Securities Act of 1933, 15 U.S.C. 77z- 1(a)(3)(B)(i) and Section 21D(a)(3)(B)(i) of the Securities and Exchange Act of 1934, 15 U.S.C. 78u-4(a)(3)(B)(i), appointing the above movants as lead plaintiff. (db) (Entered: 05/31/2002) 05/29/ STIPULATION and ORDER, the time for the AT&T defts to answer the complaint in this action should be postponed until after the Court appoints a lead plntf and lead counsel in this action and acontrollng complaint is determined ( signed by Judge Louis L. Stanton ) (cd) (Entered: 05/31/2002) 06/04/ ORDER, granting [11-1] motion for an order to consolidate cases 02 civ civ and 02 civ. 2078; granting [11-2] motion for an order pursuant to Section 27(a)(3)(B)(i) of the Securities Act of 1933, 15 U.S.C. 77z-1(a)(3)(B)(i) and Section 21D(a)(3)(B)(i) of the Securities and Exchange Act of 1934, 15 U.S.C. 78u- 4(a)(3)(B)(i), appointing the movants The At Home Suit Group, Inc., Kurt Buettler, Gerry Galiger, Stan Cohn and Ron Ventura as lead plaintiff, and granting [11-3] motion appointing Lovell & Stewart, LLP as lead counsel for the class. ( signed by Judge Louis L. Stanton ); Copies mailed. (kw) Modified on 06/12/2002 (Entered: 06/05/2002) 06/04/ Consolidated Lead Case. (kw) (Entered: 06/05/2002) 06/04/ REPLY MEMORANDUM by At Home Suit Group, Kurt Buettler, Gerry Galiger, Stan Cohn, Ron Ventura re: [16-1] memorandum, and in further support of [11-1] motion for an order to consolidate cases, [11-2] motion for an order pursuant to Section

21 27(a)(3)(B)(i) of the Securities Act of 1933, 15 U.S.C. 77z-1(a)(3)(B)(i) and Section 21D(a)(3)(B)(i) of the Securities and Exchange Act of 1934, 15 U.S.C. 78u- 4(a)(3)(B)(i), appointing the above movants as lead plaintiff. (yv) (Entered: 07/10/2002) 06/04/ AFFIDAVIT of Christopher J. Gray by Semen Leykin, Frieda Eksler, Michael Eksler in reply to the: [16-1] memorandum, and in further support of the [11-1] motion for an order to consolidate cases, [11-2] motion for an order pursuant to Section 27(a)(3)(B)(i) of the Securities Act of 1933, 15 U.S.C. 77z-1(a)(3)(B)(i) and Section 21D(a)(3)(B)(i) of the Securities and Exchange Act of 1934, 15 U.S.C. 78u- 4(a)(3)(B)(i), appointing the above movants as lead plaintiff, [11-3] motion appointing Lovell & Stewart, LLP as lead counsel for the class. (yv) (Entered: 07/10/2002) 06/06/ AFFIDAVIT OF SERVICE of Summons and Amended Complaint as to Mohan Gyani by Tara "Doe" on 5/12/02. Answer due on 6/3/02 for Mohan Gyani. (yv) (Entered: 07/10/2002) 06/06/ AFFIDAVIT OF SERVICE of Summons and Amended Complaint as to George Bell by Tara "Doe" on 5/12/02. Answer due on 6/3/02 for George Bell. (yv) (Entered: 07/10/2002) 06/27/ AFFIDAVIT OF SERVICE of Summons and Complaint as to Patti S. Hart by mail on 6/27/02. Answer due on 7/17/02 for Patti S. Hart. (moc) (Entered: 07/02/2002) 07/03/ AFFIDAVIT OF SERVICE of Subpoena, Complaint & Amended Complaint as to Mark McEachen by personal service on 5/20/02. (sac) (Entered: 07/12/2002) 07/03/ RETURN OF SERVICE of Subpoena, Complaint & Amended Complaint executed as to Patti S. Hart by personal service on 5/20/02. (sac) (Entered: 07/12/2002) 07/08/ Memo-Endorsement on letter addressed to Judge Stanton from John J. Lavelle, dated 6/6/02, in the belief that, with respect to the selection of lead plntfs, the court's decision will be better 'with more information than less", King v Livent, Inc, 36 F. Supp 2d 187,189 (SDNY 1999), the motion for rehearing is granted. On rehearing, after careful consideration of the submissions of the AT&T defts and of plntfs, I adhere to my 6/3/02 order granting plntfs' applications in toto ( signed by Judge Louis L. Stanton ); Copies mailed. (cd) (Entered: 07/15/2002) 07/12/ AFFIDAVIT OF SERVICE of Summons and Class Action Complaint and First Amended Complaint as to Patti S. Hart by personal serivce on 6/27/02. Answer due on for Patti S. Hart. (pl) (Entered: 07/17/2002) 07/16/ ORDER FOR CONFERENCE PURS. TO RULE 16(b); this action is scheduled for a conference in accordance with F.R.C.P. 16(b) on 10/11/02 at 11:30 AM, in Room 21C, 500 Pearl St. Pltff is directed to notify defts of the contents of this Order, and send a copy of the notification to Chambers. ( signed by Judge Louis L. Stanton ); Copies mailed. (sn) (Entered: 07/19/2002) 07/17/ CERTIFICATE OF SERVICE of subpoena as to Mark McEachen by Jane Doe, housekeeper on 7/12/02. (db) (Entered: 07/19/2002) 07/18/ NOTICE of CHANGE OF FIRM ADDRESS for Sidley Austin Brown & Wood, LLP by AT&T Corporation, C. Michael Armstrong, Frank Ianna, Charles H. Noski, Daniel H. Somers, Mufit Cinali, John C. Petrillo by Attorney John J. Lavelle. New Address:, New York, New York (sb) (Entered: 07/22/2002)

22 07/26/ Letter filed by Mario Beghin addressed to Judge Owen from Mario Beghin, dated 5/2/02, re: At Home Company Stock. (sb) (Entered: 07/30/2002) 08/13/ AFFIDAVIT OF SERVICE of Summons and Amended Complaint as to Mohan Gyani by Tara "Doe" on 5/9/02. Answer due on 5/29/02 for Mohan Gyani. (tp) (Entered: 08/14/2002) 08/15/ STIPULATION and ORDER, plaintiffs will file a consolidated amended complaint by 10/15/02 ; reset answer to consolidated amended complaint due for 12/17/02 for Mohan Gyani, for George Bell, for Comcast Cable Comm., for Cox Communications, for John C. Petrillo, for Mufit Cinali, for Daniel H. Somers, for Charles H. Noski, for Frank Ianna, for Mark McEachen, for C. Michael Armstrong, for Patti S. Hart, and for AT&T Corporation. Plaintiffs will submit any response to defendants responsive pleading no later than 1/21/03; and defendants will submit any reply in further support of their responsive pleading no later than 2/11/03. ( signed by Judge Louis L. Stanton (kw) (Entered: 08/19/2002) 10/16/ STIPULATION and (PROPOSED) ORDER: pltffs' time to file and serve the consolidated amended complaint is extended until and including 10/31/02, dfts' will answer, move, or otherwise respond to pltffs' consolidated amended complaint no later than 1/15/03. Pltffs' will submit any response to dfts' responsive pleading no later than 2/14/03. Dfts' will submit any reply in further support of their responsive pleading no later than 3/11/03. ( signed by Judge Louis L. Stanton ) (db) (Entered: 10/21/2002) 10/31/ STIPULATION and ORDER, Plaintiffs' time to file and serve the consolidated amended complaint is extended until and including 11/7/02. Defendants will answer, move, or otherwise respond to plaintiffs' consolidated amended complaint no later than 1/29/03. Plaintiffs will submit any response to defendants' responsive pleading no later than 2/28/03. Defendants will submit any reply in further support of their responsive pleading no later than 3/25/03. ( signed by Judge Louis L. Stanton ) (sb) (Entered: 11/04/2002) 11/07/ CONSOLIDATED CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). Received in night deposit box on 11/7/02 at 11:51 p.m. (db) (Entered: 11/13/2002) 11/07/ DEMAND for jury trial by Semen Leykin. (db) (Entered: 11/13/2002) 11/14/ NOTICE OF MOTION by AT&T Corporation, C. Michael Armstrong, Frank Ianna, Charles H. Noski, Daniel H. Somers, Mufit Cinali, John C. Petrillo for Stephen C. Carlson, Charles W. Douglas, Sheila A. Sundvall to appear pro hac vice. No Return Date (sv) (Entered: 11/25/2002) 12/03/ NOTICE OF MOTION (filed on service date) by Cox Communications and David M. Woodrow for an order admitting Michael D. Hays of the law firm Dow, Lohnes & Albertson, PLLC, of Washington, DC pro hac vice to the USDC for the SDNY to allow him to appear and act as counsel for defendants Cox Communications and David M. Woodrow., for an order allowing Michael D. Rothberg to appear pro hac vice on behalf of Cox Communications and David M. Woodrow, and for an order alowing Daniel D. Prichard to appear pro hac vice on behalf of Cox Communications and David M. Woodrow. No Return Date. Declaration of Fredric S. Newman, Declaration of Michael D. Hays, Declaration of Michael D. Rothberg, Declaration of Daniel D. Prichard and proposed order attached. (sb) (Entered: 12/09/2002) 12/04/ RULE 1.9 CERTIFICATE filed by Cox Communications. (sb) (Entered: 12/09/2002)

23 12/09/ Memo endorsed on motion; granting [36-1] motion for Stephen C. Carlson, Charles W. Douglas, Sheila A. Sundvall to appear pro hac vice. Granted. No oppositon. ( signed by Judge Louis L. Stanton ); Copies mailed by Chambers. Original sent to attorney admissions clerk. (jco) Modified on 12/11/2002 (Entered: 12/11/2002) 12/17/ RETURN OF SERVICE of summons and complaint as to L. John Doerr executed by Mr. Tibalchi, receptionist on 12/9/02.. (db) (Entered: 12/20/2002) 12/17/ RETURN OF SERVICE of summons and complaint as to Thomas A. Jermoluk executed by Mr. Tibachi, receptionist on 12/9/02.. (db) (Entered: 12/20/2002) 12/17/ RETURN OF SERVICE of summons and complaint as to William R. Hearst, III executed by Mr. Tibachi, receptionist on 12/9/02.. (db) (Entered: 12/20/2002) 12/17/ RETURN OF SERVICE of summons and complaint as to Kleiner, Perkins, Caufield & Byers executed by Mr. Tibalchi, receptionist on 12/9/02.. (db) (Entered: 12/20/2002) 12/17/ RETURN OF SERVICE of summons and complaint as to Brian L. Roberts executed by Ms. Morgan, paralegal on 12/4/02.. (db) (Entered: 12/20/2002) 12/17/ AFFIDAVIT OF SERVICE of summons and complaint as to John Malone by Teresa Monahan, assistant on 12/5/02.. (db) (Entered: 12/20/2002) 12/23/ Memo-Endorsement on letter addressed to Judge Louis L. Stanton from Christopher Lovell, dated 12/19/02. Re:, counsel for plaintiffs request to issue third party document preservation subpoenas returnable on 10/15/03. Plaintiffs may serve their "preservation" subpoenas. Their showing of need for the insurance policies is unpersuasive for lack of specificity, and is denied. The conference originally scheduled for 12/13/02 is cancelled and will be re-scheduled after decision of the motions to dismiss or (if no such motions are made) after 1/29/03. ( signed by Judge Louis L. Stanton ); Copies mailed by chambers. (dle) (Entered: 12/30/2002) 01/29/ STIPULATION and ORDER, The AT&T, Cox, Comcast and Kleiner Defendants will answer, move or otherwise plead in response to plaintffs' consolidated class action complaint no later than 2/11/03. Plaintiffs will submit any response to the AT&T, Cox, Comcast and Kleiner defendants' responsive pleadings no later than 3/13/03. The AT&T, Cox, Comcost and Kleiner defendants will submit any replies in further support of their responsive pleadings no later than 4/8/03. ( signed by Judge Louis L. Stanton ) (sb) (Entered: 02/03/2003) 01/29/ STIPULATION and ORDER, Defendant John C. Malone will answer, move or otherwise plead in response to plaintiffs' consolidated class action complaint no later than 02/11/03 ; Plaintiffs will submit any response to Mr. Malone's responsive pleadings no later than 03/13/03; Defendant John C. Malone will submit any reply in further support of his responsive pleadings no later than 04/08/03; ( signed by Judge Louis L. Stanton ) (djc) (Entered: 02/04/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to Kleiner, Perkins, Caufield & Byers by mail on 1/23/03. Answer due on 2/12/03 for Kleiner, Perkins. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to Thomas A. Jermoluk by mail on 1/23/03. Answer due on 2/12/03 for Thomas A. Jermoluk. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to David Woodrow by mail

24 on 1/23/03. Answer due on 2/12/03 for David Woodrow. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to John C. Malone by mail on 1/23/03. Answer due on 2/12/03 for John C. Malone. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to Brian F. Roberts by mail on 1/23/03. Answer due on 2/12/03 for Brian F. Roberts. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to Raymond Ligouri by mail on 1/23/03. Answer due on 2/12/03 for Raymond Ligouri. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to William R. Hearst by mail on 1/23/03. Answer due on 2/12/03 for William R. Hearst. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to Hossein Eslambolchi by mail on 1/23/03. Answer due on 2/12/03 for Hossein Eslambolchi. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and ocmplaint as to L. John Doerr by mail on 1/23/03. Answer due on 2/12/03 for L. John Doerr. (jco) (Entered: 02/13/2003) 02/10/ AFFIDAVIT OF SERVICE of summons and complaint as to John C. Malone by Teresa Monahan, Assistant on 12/5/02. Answer due on 12/26/02 for John C. Malone. (jco) (Entered: 02/13/2003) 02/11/ NOTICE OF MOTION by John C. Malone dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted ; Return Date not indicated (cd) (Entered: 02/14/2003) 02/11/ DECLARATION of Kenneth Bialo by John C. Malone in support Re: [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted. (cd) (Entered: 02/14/2003) 02/11/ MEMORANDUM OF LAW by John C. Malone in support of [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted. (cd) (Entered: 02/14/2003) 02/11/ NOTICE OF MOTION dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III ; Return Date not indicated; attached are papers in support (cd) (Entered: 02/14/2003) 02/11/ RULE 1.9 CERTIFICATE filed. (cd) (Entered: 02/14/2003) 02/11/ MEMORANDUM OF LAW in support of [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III. (cd) (Entered: 02/14/2003) 02/11/ NOTICE OF MOTION to dismiss all claims asserted against Cox Communications and David Woodrow ; Return Date 4/11/03 at 10:00 (cd) (Entered: 02/14/2003) 02/11/ DECLARATION of Daniel Prichard in support Re: [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow. (cd) (Entered: 02/14/2003) 02/11/ MEMORANDUM OF LAW in support of [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow ; accompanied by addendum of

25 unreported opinions (cd) (Entered: 02/14/2003) 02/11/ NOTICE OF MOTION by Comcast Cable Comm. for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4 ; Return Date 4/11/03 at 10:00. Attached is Cain Declaration. (djc) Modified on 02/24/2003 (Entered: 02/24/2003) 02/11/ NOTICE OF MOTION (FILED ON SERVICE DATE) by AT&T Corporation, C. Michael Armstrong, Frank Ianna, Charles H. Noski, Daniel H. Somers, Mufit Cinali, John C. Petrillo, Mohan Gyani for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts. Return Date 4/11/03 at 10:00 a.m. Received in night deposit box on 2/11/03 at 9:52 p.m. (db) (Entered: 02/27/2003) 02/11/ MEMORANDUM OF LAW by AT&T Corporation, C. Michael Armstrong, Frank Ianna, Charles H. Noski, Daniel H. Somers, Mufit Cinali, John C. Petrillo, Mohan Gyani in support of [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts. Received in night deposit box on 2/11/03 at 9:52 p.m. (db) (Entered: 02/27/2003) 02/11/ ADDENDUM OF UNREPORTED OPINIONS by AT&T Corporation, C. Michael Armstrong, Frank Ianna, Charles H. Noski, Daniel H. Somers, Mufit Cinali, John C. Petrillo, Mohan Gyani. Received in night deposit box on 2/11/03 at 8:40 p.m. (db) (Entered: 02/27/2003) 02/13/ RULE 1.9 CERTIFICATE filed by Comcast Cable Comm. (moc) (Entered: 02/21/2003) 02/13/ AFFIDAVIT OF SERVICE of amended S&C as to Edward Samuel Rogers by Susan Wylde, Receptionist on 1/22/03. (djc) (Entered: 02/24/2003) 02/13/ MEMORANDUM OF LAW by Comcast Cable Comm., and Brian L. Roberts in support of [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4. (djc) (Entered: 02/24/2003) 02/13/ DECLARATION of (AT&T Defendants (C. Michael Armstrong, Frank Ianna, Mohan Gyani, Charlesl H. Noski, Daniel H. Somers,Mufit CInali, Raymond Liguori, Holssein Eslambnolchi and John C. Petrillo) by Sheri A. Malec by AT&T Corporation in support of the AT&T Defendants Motion to dismiss plaintiffs' consolidated Class Action Complaint; (djc) (Entered: 02/24/2003) 02/28/ NOTICE OF MOTION by John C. Malone for R. Stan Mortenson, Ryan E. Bull to appear pro hac vice for deft Malone ; Return Date not indicated (cd) (Entered: 03/03/2003) 03/03/ NOTICE OF MOTION by Edward S. Rogers; for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of Return Date 4/11/03 at 10:00. (jco) (Entered: 03/04/2003) 03/03/ DECLARATION of Jay B. Kasner in support Re: [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of (jco) (Entered: 03/04/2003) 03/03/ MEMORANDUM OF LAW in support of [76-1] motion for an Order pursuant to

26 Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of Compendium of unreported decisions in mem. of law in support of the motion attached. (jco) Modified on 03/04/2003 (Entered: 03/04/2003) 03/17/ STIPULATION and ORDER, Plaintiffs will file and serve opposition papers in response to defendants' [76-1], [72-1] [64-1], [61-1], [58-1], and [69-1] motions to dismiss on or before 4/11/03. Defendants will file and serve any reply papers in response to plaintiffs' opposition papers on or before 5/16/03. The return date for defendants' [76-1], [72-1], [64-1], [61-1], [58-1], and [69-1] motions, previously set for 4/11/03, will be set for 5/21/03. ( signed by Judge Louis L. Stanton ) (sb) (Entered: 03/18/2003) 04/10/ STIPULATION and ORDER; plaintiffs response to motion set for 4/18/03 re: [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, for 4/18/03 re: [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, for 4/18/03 re: [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, for 4/18/03 re: [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William Hearst, III, for 4/18/03 re: [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, for 4/18/03 re: [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4 ; defendants reply to response to motion reset for 5/23/03 re: [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, for 5/23/03 re: [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, for 5/23/03 [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, for 5/23/03 re: [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William Hearst, III, for 5/23/03 re: [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, for 5/23/03 re: [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4 ; Return date reset to Return date reset to 5/29/03 [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, Return date reset to 5/29/03 [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, Return date reset to 5/29/03 [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, Return date reset to 5/29/03 [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III, Return date reset to 5/29/03 [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, Return date reset to 5/29/03 [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4. ( signed by Judge Louis L. Stanton ) (pl) (Entered: 04/14/2003) 04/11/ AFFIDAVIT OF SERVICE of summons and amended complaint by U.S. Postal Service on 3/5/03.. (dle) (Entered: 04/14/2003)

27 04/21/ CONSOLIDATED MEMORANDUM OF LAW by Semen Leykin in opposition to Defendants' Motions to Dismiss the Second, third and fourth claims for relief. (docmt received in night dep. on 04/21/03 at 11:40 p.m.) (djc) (Entered: 04/23/2003) 04/22/ Memo-Endorsement on letter addressed to Judge Stanton from Christopher Lovell, dated 4/18/03, Plntf's Response to Motion reset for 4/21/03 re: [76-1] motion for an Order pursuant Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, for 4/21/03 re: [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, for 4/21/03 [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, for 4/21/03 re: [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William Hearst, III, for 4/21/03 re: [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, for 4/21/03 re: [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4 ( signed by Judge Louis L. Stanton ); copies sent by Chambers (cd) (Entered: 04/22/2003) 04/22/ MEMORANDUM OF LAW by Semen Leykin, At Home Suit Group, Kurt Buettler, Gerry Galiger, Stan Cohn, Ron Ventura, Channa Unger, Frieda Eksler, Michael Eksler in opposition to [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts. (dle) (Entered: 04/23/2003) 04/25/ MEMORANDUM OF LAW by Semen Leykin, At Home Suit Group, Kurt Buettler, Gerry Galiger, Stan Cohn, Ron Ventura, Channa Unger, Frieda Eksler, Michael Eksler in opposition to [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III, [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4. Received in the night deposit box on 4/25/03 at 11:25 p.m. (sb) (Entered: 04/28/2003) 04/25/ CONSOLIDATED MEMORANDUM OF LAW by Semen Leykin, At Home Suit Group, Kurt Buettler, Gerry Galiger, Stan Cohn, Ron Ventura, Channa Unger, Frieda Eksler, Michael Eksler in opposition to [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III, [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4. Received in the night deposit box on

28 4/25/03 at 11:25 p.m. Plaintiff's Compendium of Authorities in Opposition to defendants' motions to dismiss attached. (sb) Modified on 04/28/2003 (Entered: 04/28/2003) 04/25/ AFFIDAVIT of Gary S. Jacobson by Semen Leykin, At Home Suit Group, Kurt Buettler, Gerry Galiger, Stan Cohn, Ron Ventura, Channa Unger, Frieda Eksler, Michael Eksler in opposition to [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III, [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4. Received in the night deposit box on 4/25/03 at 11:26 p.m. (sb) (Entered: 04/28/2003) 05/19/ STIPULATION and ORDER: dfts will submit replies in further support of their motions to dismiss on or before 6/27/03, the return date for dfts motions, previously set for 5/29/03 will be set for 7/8/03. ( signed by Judge Louis L. Stanton ) (db) (Entered: 05/20/2003) 06/13/ AFFIDAVIT OF SERVICE of summons and complaint as to Cox Communications by Celoste Monturo on 12/5/02. Answer due on 12/26/02 for Cox Communications. (sb) (Entered: 06/16/2003) 06/23/ STIPULATION and ORDER; Reply to Response to Motion set for 7/8/03 re: [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, for 7/8/03 re: [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, for 7/8/03 re: [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, for 7/8/03 re: [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III, for 7/8/03 re: [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, for 7/8/03 re: [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4, Return date reset to Return date reset to 7/15/03 [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, Return date reset to 7/15/03 [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, Return date reset to 7/15/03 [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, Return date reset to 7/15/03 [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III, Return date reset to 7/15/03 [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, Return date reset to 7/15/03 [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C.

29 section 78u-4. ( signed by Judge Louis L. Stanton ) (sac) (Entered: 06/23/2003) 07/09/ Memo-Endorsement on letter addressed to Judge Stanton from Christopher Lovell, dated 06/24/03; Re: Counsel requests a pre-motion conference in order to obtain leave to move for a default judgment against defendant Mark McEachen; Plaintiffs may move without need for a pre-motion conference ; ( signed by Judge Louis L. Stanton ); Copies mailed by Chambers; (djc) (Entered: 07/09/2003) 07/09/ STIPULATION and ORDER, that dfts will submit replies in further support of their motions to dismiss on or before 7/18/03, and the return date for dfts' motions, previously set for 7/15/03 will be set for 7/23/03. ( signed by Judge Louis L. Stanton ) (dle) (Entered: 07/09/2003) 07/18/ REPLY MEMORANDUM by Comcast Cable Comm. in further support of [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4. Supplemental Compendium of unreported cases attached. (sb) (Entered: 07/21/2003) 07/18/ REPLY DECLARATION of Sheron Korpus authenticating public documents by Comcast Cable Comm. in support of [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4. (sb) (Entered: 07/21/2003) 07/18/ REPLY MEMORANDUM by John C. Malone in support of [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted. (sb) (Entered: 07/21/2003) 07/18/ REPLY MEMORANDUM in support of [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of Compendium of Unreported Decisions attached. (sb) (Entered: 07/21/2003) 07/18/ AFFIDAVIT of Catherine B. Winter by AT&T Corporation in support of the AT&T Defendants' Motion to Dismiss plaintiff's consolidated Class Action Complaint. (djc) (Entered: 07/22/2003) 07/18/ REPLY MEMORANDUM by AT&T Corporation, C. Michael Armstrong, Frank Ianna, Daniel H. Somers, Mufit Cinali, John C. Petrillo, Mohan Gyani in support re: [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts. (djc) (Entered: 07/22/2003) 07/18/ REPLY MEMORANDUM in support re: [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John Doerr, Thomas Jermoluk and William R. Hearst, III. (djc) (Entered: 07/22/2003) 07/18/ REPLY MEMORANDUM by Cox Communications in support re: [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow. (docmt received in night dep. 6:34 p.m.) (djc) (Entered: 07/22/2003) 07/18/ Supplemental DECLARATION of Daniel D. Prichard by Coxand David M. Woodrow Communications regarding Authenticity of Judicial Noticeable Documents; (djc) (Entered: 07/22/2003) 08/06/ NOTICE OF MOTION [filed on service date] by Mark McEachen; for an Order for Jack P. DiCanio to appear pro hac vice. Return Date not indicated. (jco) Modified on

30 08/12/2003 (Entered: 08/12/2003) 08/07/ CERTIFICATE OF SERVICE of Post Trial Letter Brief as to Semen Leykin by hand delivery on 7/25/03. Answer due on 8/14/03 for Semen Leykin. (jco) (Entered: 08/11/2003) 08/07/ Notice of Joinder by Mark McEachen to join defendants' pending motions to dismiss. (jco) (Entered: 08/12/2003) 08/08/ NOTICE of attorney appearance for Mark McEachen by Richard Marmaro. (yv) (Entered: 08/11/2003) 08/12/ NOTICE OF MOTION by Semen Leykin to extend time nunc pro tunc re service upon deft George Bell ; Return Date not indicated (cd) (Entered: 08/13/2003) 08/12/ MEMORANDUM OF LAW by Semen Leykin in support of [106-1] motion to extend time nunc pro tunc re service upon deft George Bell. (cd) (Entered: 08/13/2003) 08/26/ Memorandum to Docket Clerk: Pretrial conference held and and concluded 1 and 1/2 hours. Counsel to furnish proposed schedule for hearing on issue whether there was good cause for failure to serve Bell under R.4(m). (ja) (Entered: 08/27/2003) 08/26/ PRETRIAL CONFERENCE held before Judge Louis L. Stanton. (ja) (Entered: 08/27/2003) 08/29/ MEMORANDUM OF LAW by George Bell in opposition to [106-1] motion to extend time nunc pro tunc re service upon deft George Bell. (sb) (Entered: 09/03/2003) 08/29/ AFFIDAVIT of George Bell by George Bell in opposition to [106-1] motion to extend time nunc pro tunc re service upon deft George Bell. (sb) (Entered: 09/03/2003) 09/17/ Memo endorsed on motion; granting [38-1] motion for an order admitting Michael D. Hays of the law firm Dow, Lohnes & Albertson, PLLC, of Washington, DC pro hac vice to the USDC for the SDNY to allow him to appear and act as counsel for defendants Cox Communications and David M. Woodrow., granting [38-2] motion for an order allowing Michael D. Rothberg to appear pro hac vice on behalf of Cox Communications and David M. Woodrow, granting [38-3] motion for an order allowing Daniel D. Prichard to appear pro hac vice on behalf of Cox Communications and David M. Woodrow; no opposition. ( signed by Judge Louis L. Stanton ); copies mailed by chambers; forwarded to Attorney Admissions Clerk. (pl) (Entered: 09/19/2003) 09/17/ Memo endorsed on motion; granting [75-1] motion for R. Stan Mortenson, Ryan E. Bull to appear pro hac vice for deft Malone. ( signed by Judge Louis L. Stanton ); copies mailed by chambers; forwarded to the Attorney Admissions Clerk. (pl) (Entered: 09/19/2003) 09/17/ Memo endorsed on motion; granting [105-1] motion for an Order for Jack P. DiCanio to appear pro hac vice; no opposition. ( signed by Judge Louis L. Stanton ); copies mailed by chambers; forwarded to the Attorney Admissions Clerk. (pl) Modified on 09/19/2003 (Entered: 09/19/2003) 09/18/ MEMO-ENDORSEMENT on Motion, doc. #72 ;denying [76-1] motion for an Order pursuant to Rules 9(b) and 12(b)(6) of the F.R.C.P. Section 21D of the Securities Exchange Act of 1934, denying [72-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing all claims against dfts, denying [64-1] motion to dismiss all claims asserted against Cox Communications and David Woodrow, denying [61-1] motion dismissing all claims as to defts Kleiner Perkins Caufield & Byers, John

31 Doerr, Thomas Jermoluk and William R. Hearst, III, denying [58-1] motion dismissing the claims against John C. Malone in their entirety for failure to state a claim upon which relief may be granted, denying [69-1] motion for an order dismissing plaintiff's consolidated class action complaint (corrected copy) dated November 8, 2002 purs to FRCP 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4; the 3rd & 4th claims are dismissed as pre-empted and barred by the Securities Litigation Uniform Standards Act, 15 U.S.C. 78bb(f)(1). Pltffs have withdrawn their claims against Mr. Cinali. ( signed by Judge Louis L. Stanton ); Copies mailed by Chamber (sac) (Entered: 09/23/2003) 09/29/ STIPULATION and ORDER, reset answer to consolidated class action complaint due for 11/14/03 for John C. Malone, for Mohan Gyani, for George Bell, for Comcast Cable Comm., for Cox Communications, for John C. Petrillo, for Mufit Cinali, for Daniel H. Somers, for Charles H. Noski, for Frank Ianna, for Mark McEachen, for C. Michael Armstrong, for Patti S. Hart, for AT&T Corporation. ( signed by Judge Louis L. Stanton ) (kw) (Entered: 10/01/2003) 10/03/ STIPULATION and ORDER: that Morgan, Lewis & Bockius, LLP, be and hereby is, substituted as the attorney of record for William Hearst, III in place of Mayer, Brown, Rowe & Maw. ( signed by Judge Louis L. Stanton ) (db) (Entered: 10/07/2003) 10/07/ NOTICE OF MOTION by Comcast Cable Comm. and Brian L. Roberts for reconsideration of [111-1] order the 3rd & 4th claims are dismissed as pre-empted and barred by the Securities Litigation Uniform Standards Act, 15 U.S.C. 78bb(f)(1)., [111-2] relief Pltffs have withdrawn their claims against Mr. Cinali., [111-3] relief. Return Date not indicated. (jco) Modified on 10/08/2003 (Entered: 10/08/2003) 10/07/ MEMORANDUM OF LAW by Comcast Cable Comm. and Brian L. Roberts in support of [114-1] motion for reconsideration of [111-1] order the 3rd & 4th claims are dismissed as pre-empted and barred by the Securities Litigation Uniform Standards Act, 15 U.S.C. 78bb(f)(1)., [111-2] relief Pltffs have withdrawn their claims against Mr. Cinali., [111-3] relief. (jco) (Entered: 10/08/2003) 10/07/ NOTICE OF MOTION by Cox Communicationsi and David M. Woodrow; for an Order pursuant to Local Civil Rule 6.3 for partial reconsideration, reargument and clarification of the Court's 9/17/03 Memorandum Endorsement order. Return Date 11/5/03 at 10:00 a.m. (jco) (Entered: 10/08/2003) 10/07/ MEMORANDUM OF LAW by Cox Communications in support of [116-1] motion for an Order pursuant to Local Civil Rule 6.3 for partial reconsideration, reargument and clarification of the Court's 9/17/03 Memorandum Endorsement order. (jco) (Entered: 10/08/2003) 10/07/ NOTICE OF MOTION and MEMORANDUM IN SUPPORT by John C. Malone for an Order granting reconsideration of [111-1] order the 3rd & 4th claims are dismissed as pre-empted and barred by the Securities Litigation Uniform Standards Act, 15 U.S.C. 78bb(f)(1)., [111-2] relief Pltffs have withdrawn their claims against Mr. Cinali., [111-3] relief. Return Date not indicated. Received in night deposit box on 10/7/03. (yv) (Entered: 10/10/2003) 10/20/ NOTICE OF MOTION (attached on service date) by John C. Malone for Nicholas A. Brady of Baker of Botts L.L.P., to appear pro hac vice ; Return Date not indicated; Attached is Affirmation in support. (djc) (Entered: 10/24/2003) 10/20/ NOTICE OF MOTION (filed on service date) by John C. Malone for Samuel J. Waldon