U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:03-cv HA

Transcription

1 US District Court Civil Docket as of 01/24/2005 Retrieved from the court on Wednesday, July 20, 2005 U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:03-cv HA Pabich et al v. Electro Scientific Industries, Inc., et al Assigned to: Chief Judge Ancer L. Haggerty Lead case: 3:03-cv HA Member cases: 3:03-cv HA 3:03-cv HA 3:03-cv HA Cause: 15:78m(a) Securities Exchange Act Date Filed: 03/27/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Robert W. Pabich Individually and On Behalf of All Others Similarly Situated represented by David F. Rees Stoll Stoll Berne Lokting & Shlachter PC 209 S.W. Oak Street Fifth Floor (503) Fax: (503) Gary M. Berne Stoll Stoll Berne Lokting & Shlachter 209 S.W. Oak Street Fifth Floor (503) Fax: (503) Connie M. Cheung Lerach Coughlin Stoia & Robbins LLP 100 Pine Streeet Ste 2600 San Francisco, CA (415) Fax: (415)

2 David A. Rosenfeld Geller Rudman PLLC 200 Broadhollow Road Suite 406 Melville, NY (631) Fax: (631) Dennis J. Herman Lerach Coughlin Stoia Geller Rudman & Robbins, LLC 100 Pine Street Suite 2600 San Francisco, CA (415) Fax: (415) Marc A. Topaz Schiffrin & Barroway LLP Three Bala Plaza East Suite 400 Bala Cynwyd, PA (610) Patrick J. Coughlin Lerach Coughlin Stoia & Robbins LLP 100 Pine Street Ste 2600 San Francisco, CA (415) Fax: (415) Samuel H. Rudman Geller Rudman, PLLC 200 Broadhollow Road Suite 406 Melville, NY (631) Fax: (631) Timothy S. DeJong Stoll Stoll Berne Lokting & Shlachter, PC

3 209 SW Oak Street Fifth Floor (503) Fax: (503) Gary I. Grenley Grenley Rotenberg Evans Bragg & Bodie PC 1211 SW Fifth Avenue Suite 1100 (503) Fax: (503) Plaintiff Central Laborers' Pension Plan a class member represented by Gary I. Grenley Connie M. Cheung Darren J. Robbins Lerach Coughlin Stoia & Robbins LLP 401 B Street Suite 1700 San Diego, CA (619) Fax: (619) darrenr@milberg.com Dennis J. Herman Jeffrey D. Light Lerach Coughlin Stoia Geller Rudman & Robbins, LLP 401 B Street Suite 1700 San Diego, CA 92101

4 (619) Fax: (619) Patrick J. Coughlin William S. Lerach Lerach Coughlin Stoia & Robbins, LLP 401 B Street Suite 1700 San Diego, CA (619) Fax: (619) Gary M. Berne V. Defendant Electro Scientific Industries, Inc., represented by Barnes H. Ellis Stoel Rives, LLP 900 SW Fifth Avenue Suite 2600 (503) Fax: (503) bhellis@stoel.com Catherine H. Winterburn Wilson Sonsini Goodrich & Rosati One Market Spear Tower Suite 3300 San Francisco, CA (415) Fax: (415) cwinterburn@wsgr.com TERMINATED: 09/09/2004 Douglas J. Clark Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd

5 Palo Alto, CA (650) Fax: (650) Jerome F. Birn Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA (650) Fax: (650) Lois O. Rosenbaum Stoel Rives, LLP 900 S.W. Fifth Avenue Suite 2600 (503) Fax: (503) Defendant David Bolender represented by David W. Melville Markowitz Herbold Glade & Mehlhaf, PC 1211 SW Fifth Avenue Suite 3000 (503) Fax: (503) Peter H. Glade Markowitz Herbold Glade & Mehlhaf, PC 1211 SW Fifth Avenue Suite 3000 (503) Fax: (503)

6 Lois O. Rosenbaum Defendant James T. Dooley represented by James B. Stoetzer Lane Powell, PC (Seattle) 1420 Fifth Avenue Suite 4100 Seattle, WA (206) Milo Petranovich Lane Powell, PC 601 SW Second Avenue Suite (503) Fax: (503) Lois O. Rosenbaum Defendant Joseph Reinhart represented by Lois O. Rosenbaum Defendant James Lorenz represented by John F. Neupert Miller Nash, LLP 3400 US Bancorp Tower 111 SW Fifth Avenue (503) Fax: (503)

7 Defendant John R. Kurdock represented by Thomas V. Dulcich Schwabe Williamson & Wyatt, PC Pacwest Center 1211 SW Fifth Avenue (503) Fax: (503) Blaine Scott Whipple Schwabe Williamson & Wyatt, PC Pacwest Center 1211 SW Fifth Avenue (503) Fax: (503) Nathan A. Sykes Schwabe Williamson & Wyatt, PC Pacwest Center 1211 SW Fifth Avenue (503) Fax: (503) Defendant Donald R. VanLuvanee represented by Thomas H. Tongue Dunn Carney Allen Higgins & Tongue 851 SW Sixth Avenue Suite (503) Fax: (503)

8 Date Filed # Docket Text 03/27/ Complaint (Class Action Complaint for Violations of Federal Securities Laws) Jury Trial Demanded Filing Fee collected. Receipt #: issued. Filed by Robert W. Pabich against all defendants. (rtrb, ) (Entered: 03/28/2003) 03/27/ Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable Ancer L. Haggerty. Discovery to be completed by 7/25/2003. Joint Alternate Dispute Resolution Report due by 8/25/2003. Pretrial Order due by 8/25/2003. (rtrb, ) (Entered: 03/28/2003) 04/11/ Return of Service Executed upon Electro Scientific Industries, Inc. on April 8, Filed by Robert W. Pabich. (rtrb, ) (Entered: 04/14/2003) 04/22/ Return of Service Executed upon David Bolender on April 9, Filed by Robert W. Pabich. (rtrb, ) (Entered: 04/24/2003) 04/22/ Return of Service Executed upon James Dooley on April 9, Filed by Robert W. Pabich. (rtrb, ) (Entered: 04/24/2003) 04/22/ Return of Service Executed upon Joseph Reinhart on April 9, Filed by Robert W. Pabich. (rtrb, ) (Entered: 04/24/2003) 04/22/ Return of Service Executed upon Electro Scientific Industries on April 8, Filed by Robert W. Pabich. (rtrb, ) (Entered: 04/24/2003) 04/22/ Certificate of Service. Filed by Robert W. Pabich. (Related document(s)4, 5, 6, 7, 3) (rtrb, ) (Entered: 04/24/2003) 05/27/ Motion to Consolidate all related actions for all purposes (03-618, ). Filed by Robert W. Pabich. (md, ) (Entered: 05/29/2003) 05/27/ Memorandum in Support of motion to consolidate. Filed by Robert W. Pabich. (md, ) (Entered: 05/29/2003) 05/27/ Motion to appoint Harold Kesselman and Robert Pabich as lead plaintiffs and for appointment of lead counsel. Filed by Robert W. Pabich. (md, ) (Entered: 05/29/2003) 05/27/ Memorandum in Support of motion for appointment of lead plaintiffs and counsel. Filed by Robert W. Pabich. (md, ) (Entered: 05/29/2003) 05/27/ Declaration of David Rees in support of motion to appoint lead plaintiffs and counsel. Filed by Robert W. Pabich. (md, ) (Entered: 05/29/2003) 05/27/ Certificate of Service for motion to consolidate and memo in support, motion for appointment of lead plaintiffs and counsel, memo in support and declaration.filed by Robert W. Pabich. (md, ) (Entered: 05/29/2003) 05/27/ Motion to Consolidate related action against Electro Scientific Industries. Oral Argument Requested. Filed by Central Laborers' Pension Plan. (md, ) (Entered: 06/02/2003) 05/27/ Memorandum in Support of motion to consolidate. Filed by Central Laborers'

9 Pension Plan. (Related document(s)15) (md, ) (Entered: 06/02/2003) 05/27/ Motion to appoint Central Laborers' Pension Plan as lead plaintiff and to approve lead plaintiff's choice of lead and liason counsel. Oral Argument Requested. Filed by Central Laborers' Pension Plan. (md, ) (Entered: 06/02/2003) 05/27/ Memorandum in Support of motion for appointment of lead plaintiff and counsel. Filed by Central Laborers' Pension Plan. (Related document(s)17) (md, ) (Entered: 06/02/2003) 05/27/ Affidavit of Gary Grenley in support of motion for appointment of lead plaintiff and counsel. Filed by Central Laborers' Pension Plan. (Related document(s)17) (md, ) (Entered: 06/02/2003) 05/27/ Certificate of Service of motion for appointment of lead plaintiff and lead counsel, memo in support and affidavit of G.Grenley. Filed by Central Laborers' Pension Plan. (Related document(s)17) (md, ) (Entered: 06/02/2003) 05/28/ Exhibit 6 to affidavit of Gary Grenley in support of motion for appointment of lead plaintiff and counsel. Filed by Central Laborers' Pension Plan. (Related document(s)17) (md, ) (Entered: 06/02/2003) 05/28/ Certificate of Service of Exhibit 6.Filed by Central Laborers' Pension Plan. (Related document(s)21) (md, ) (Entered: 06/02/2003) 06/12/ Order Granting Application for Special Admission Pro Hac Vice of Catherine H. Winterburn for Electro Scientific Industries, Inc.,. Receipt number Signed 6/12/03 by Judge Ancer L. Haggerty. (md, ) (Entered: 06/12/2003) 06/12/ Order Granting Application for Special Admission Pro Hac Vice of Douglas J. Clark for Electro Scientific Industries, Inc.,. Receipt number Signed 6/12/03 by Judge Ancer L.Haggerty. (md, ) (Entered: 06/12/2003) 06/12/ Order Granting Application for Special Admission Pro Hac Vice of Jerome F. Birn for Electro Scientific Industries, Inc.,. Receipt number Signed 6/12/03 by Judge Ancer L.Haggerty. (md, ) (Entered: 06/12/2003) 06/12/ Unopposed motion and ORDER: It is ordered that Robert Pabich and Central Laborers' Pension Fund shall be designated as LEAD plaintiffs and their selection of Lead Counsel of Patrick Coughlin and Dennis J. Herman of Milberg Weiss Bershad Hynes and Lerach LLP and Samuel H. Rudman of Cauley Geller Bowman Coates and Rudman LLP are appproved as co-lead counsel and that Gary Grenley of Grenley, Rotenburg, Evans, Bragg & Bodie and Gary Berne of Stoll Stoll Berne Lokting and Schlater are approved as liason counsel. Signed 6/12/03 by Judge Ancer L.Haggerty. (Related document(s)11, 17) (md, ) (Entered: 06/12/2003) 06/23/ Stipulation and Proposed Order for Extension of Time, Consolidation, and Schedule. Filed by Electro Scientific Industries, Inc.,. (rtrb, ) (Entered: 06/27/2003) 07/09/ CIVIL MINUTES:Record of Order by Judge Ancer L.Haggerty: A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and notify all parties accordingly. Document No. 27 which is the stipulation and proposed order for extension of time and to consolidate will be 'unfiled' and the

10 docket entry entered on June 27,2003 will be deleted from the docket sheet as it was not signed by the court. This document will be signed by Judge Haggerty and refiled (with the document scanned so that it will be able to be retrieved from the docket sheet)on July 9,2003. (md, ) (Entered: 07/09/2003) 07/09/ Stipulated Order for extension of time,consolidation and schedule: 1.Plaintiffs may file a consolidated class action following defendant ESI's filing of itsrestated financial statements - to be filed on or before 45 days following filing of ESI's restated financial statements. 2. Defendants shall move,answer or otherwise answer to consolidated complaint 45 days after it is filed. Plaintiffs shall file opposition within 45 days after filing of any motions to dismiss and replies within 30 days thereafter. Defendants do not need to file response to the complaints presently filed. (See order for #s 3& 4). 5. CV03-404,CV and CV are consolidated for all purposes. 6. This order shall apply to these cases and any any other case filed in this District or transferred to this Court. 7. Caption of consolidated Action shall be "In re Electro Scientific Industries,Inc., Securities Litigation". See order for directions on how to label documents now filed in these cases and how the newly filed cases shall be notified of this consolidation. Each new case shall have a copy of this order placed in the file and a copy of this order mailed to counsel for plaintiff in the newly filed or transferred case and the appropriate entyr in the docket shall be made in the consolidated action (03-404). This order shall apply to such case subsequently filed or transferred to this court unless a arty objecting to the consolidation of such case or to any other provision of this order files w/in l0 days after service an appliation for relief from this order or any provision in this order. Signed 7/9/03 by Judge Ancer L.Haggerty. (Related document(s)15) (md, ) Modified on 7/9/2003 (md, ). (Entered: 07/09/2003) 08/08/ Order Granting Application for Special Admission Pro Hac Vice of Dennis J. Herman for Central Laborers' Pension Plan and Robert W. Pabich. Receipt number Signed 8/8/03 by Judge Ancer L.Haggerty. (md, ) (Entered: 08/08/2003) 08/08/ Order Granting Application for Special Admission Pro Hac Vice of Patrick J. Coughlin for Central Laborers' Pension Plan and Robert W. Pabich. Receipt number Signed 8/8/03 by Judge Ancer L.Haggerty. (md, ) (Entered: 08/08/2003) 08/08/ Order Granting Application for Special Admission Pro Hac Vice of Connie M. Cheung for Central Laborers' Pension Plan and Robert W. Pabich. Receipt number Signed 8/8/03 by Judge Ancer L.Haggerty. (md, ) (Entered: 08/08/2003) 08/08/ Certificate of Service for Applications for Pro Hac Admission for Cheung, Coughlin and Herman. Filed by Central Laborers' Pension Plan, Robert W. Pabich. (md, ) (Entered: 08/12/2003) 09/22/ Notice of substitution of counsel for defendant James T.Dooley - Milo Petranovich and Lane Powell Spears Lubersky LLP in place of Steven Blackhurst and law firm of Ater Wynne LLP.Filed by James T. Dooley. (md, ) (Entered: 09/24/2003) 09/23/ Unopposed Motion for Extension of Time to file consolidated complaint. Expedited Consideration Requested. Filed by all plaintiffs. (md, ) (Entered: 09/24/2003) 09/24/ CIVIL MINUTES:Record of Order granting unopposed motion for extension of time to file consolidated complaint to and including October 10,2003 by Judge

11 Ancer L.Haggerty. (md, ) (Entered: 09/24/2003) 10/10/ Complaint Consolidated Class Action Complaint For Violation of the Federal Securities Laws. Filed by Central Laborers' Pension Plan, Robert W. Pabich against all defendants. (Attachments: # 1 Attachment Central Laborers' Pension Fund Cert# 2 Attachment Pabich Cert).JURY TRIAL DEMAND.(Defendants added: Donald R. Vanluvanee,James Lorenz and John R. Kurdock)(Herman, Dennis) Modified on 10/15/2003 (md, ). (Entered: 10/10/2003) 10/15/ CIVIL MINUTES:Record of Order by Judge Ancer L.Haggerty: An error has been discovered in the docket entry (#37)for the docketing of the Consolidated Class Action Complaint. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and notify all parties accordingly. Jury Trial Demand will be added to this docket entry. The docket sheet also has been amended to reflect the newly named defendants in this complaint (Vanluvanee,Lorenz and Kurbock). (Related documents(s) 37) (md, ) (Entered: 10/15/2003) 10/30/ Waiver of Service of Summons-- Accepted by James Lorenz on 10/23/03.. Filed by James Lorenz. (pvh, ) (Entered: 10/30/2003) 11/06/ Return of Service Executed upon John R. Kurdock on 11/4/03. Filed by all plaintiffs. (md, ) (Entered: 11/07/2003) 11/13/ Return of Service Executed upon D. Van Luvanee on 11/05/03 in person. Filed by Central Laborers' Pension Plan, Robert W. Pabich. (pvh, ) (Entered: 11/14/2003) 11/17/ Order Granting Application for Special Admission Pro Hac Vice of James B. Stoetzer for James T. Dooley. Receipt number Signed 11/17/03 by Judge Ancer L.Haggerty. (md, ) (Entered: 11/18/2003) 11/18/ Return of Service Executed upon James Lorenz on 10/23/03 (Notice of Waiver submitted by Defendant Lorenz). Filed by Robert W. Pabich. (pvh, ) (Entered: 11/18/2003) 11/18/ Motion for Extension of Time Defendants' Unopposed Motion for Extension of Time to. Filed by all defendants. (Rosenbaum, Lois) (Entered: 11/18/2003) 11/18/ Affidavit of Lois O. Rosenbaum in Support of Defendants' Unopposed Motion for Extension of Time. Filed by Electro Scientific Industries, Inc.,. (Related document(s)44) (Rosenbaum, Lois) (Entered: 11/18/2003) 11/19/ CIVIL MINUTES:Record of Order granting defendants' unopposed motion for extension of time to file its responses (answer or motions against the consolidated class action complaint) by January 23,2004 and if motions against the consolidated clas action is filed, then plaintiffs' opposing briefs will be due on February 27,2004 and any replies by March 19,2004 by Judge Ancer L.Haggerty. (md, ) (Entered: 11/19/2003) 12/09/ Notice of Appearance by defendant John R.Kurdock. Filed by John R. Kurdock. (md, ) (Entered: 12/10/2003) 12/23/ Notice of Appearance by Attorney David W. Melville for David Bolender, Peter H. Glade for David Bolender. (pvh, ) (Entered: 12/23/2003)

12 01/16/ Motion for Extension of Time UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO CONSOLIDATED CLASS ACTION COMPLAINT. Filed by Electro Scientific Industries, Inc.,. (Related document(s)37) (Rosenbaum, Lois) (Entered: 01/16/2004) 01/16/ Declaration of LOIS O. ROSENBAUM IN SUPPORT OF UNOPPOSED MOTION FOR EXTENSION OF TIME. Filed by Electro Scientific Industries, Inc.,. (Related document(s)49) (Rosenbaum, Lois) (Entered: 01/16/2004) 01/21/ CIVIL MINUTES:Record of order granting unopposed motion for extension of time to respond to consolidated class action complaint to March 5,2004 for all defendants by Judge Ancer L.Haggerty. (md, ) (Entered: 01/21/2004) 02/02/ Notice of Appearance by Attorney Thomas H. Tongue for Donald R. VanLuvanee. (pvh, ) (Entered: 02/02/2004) 03/02/ Unopposed Motion for Extension of Time TO RESPOND TO CONSOLIDATED CLASS ACTION COMPLAINT. Filed by Electro Scientific Industries, Inc.,. (Rosenbaum, Lois) (Entered: 03/02/2004) 03/04/ ORDER: Record of order granting defendant ESI,Inc. unopposed motion for extension of time to file response to consolidated class action complaint to May 7,2004 by Judge Ancer L. Haggerty. 53. (md, ) (Entered: 03/04/2004) 03/29/ Notice OF FILING OF CORRECTED CERTIFICATE OF SERVICE FOR CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS. Filed by Dennis J. Herman appearing on behalf of Central Laborers' Pension Plan.(Herman, Dennis) (Entered: 03/29/2004) 03/29/ Declaration of ANNA M. P. GUERRA CORRECTED DECLARATION OF SERVICE. Filed by Central Laborers' Pension Plan. (Herman, Dennis) (Entered: 03/29/2004) 05/06/ Notice of Change of Firm Affiliation. Filed by Darren J. Robbins appearing on behalf of plaintiffs.(pvh, ) (Entered: 05/07/2004) 05/07/ Unopposed Motion for Extension of Time to Respond to Consolidated Class Action Complaint pending Finalization of Settlement. Filed by Electro Scientific Industries, Inc.,. (Rosenbaum, Lois) (Entered: 05/07/2004) 05/11/ ORDER: Record of order granting unopposed motion for all defendants to file their response to the consolidated class action complaint to July 7,2004. Ordered by Judge Ancer L. Haggerty. 57. Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA (md, ) (Entered: 05/11/2004) 05/25/ Notice of Change of Firm Affiliation. Filed by Samuel H. Rudman, appearing on behalf of Robert W. Pabich.Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 05/26/2004) 07/07/ Unopposed Motion for Extension of Time to Respond to Consolidated Class Action Complaint Pending Finalization of Settlement. Filed by Electro Scientific Industries, Inc.,.Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA (Rosenbaum, Lois) (Entered: 07/07/2004)

13 07/12/ ORDER: Record of order granting Defendant ESI,Inc., unopposed motion for extension of time to file response to consolidated class action complaint pending finalization of settlement to August 30, Ordered by Judge Ancer L. Haggerty. Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA (md, ) (Entered: 07/12/2004) 08/11/ Order Granting Application for Special Admission Pro Hac Vice of Jeffrey D. Light for Central Laborers' Pension Plan. Application Fee in amount of $100 collected. Receipt No issued.. Signed on 8/11/04 by Judge Ancer L. Haggerty.Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA (md, ) (Entered: 08/11/2004) 08/13/ CIVIL MINUTES: Record of order setting hearing for September 3,2004 at 1:30pm regarding preliminary approval of settlement for Friday, September 3,2004 at 1:30pm before Judge Ancer L. Haggerty. Plaintiff's counsel to submit the papers prior to this hearing date to the court for review. Order by Ancer L. Haggerty. Associated Cases: 3:03-cv HA,3:03-cv HA,3:03- cv ha (md, ) (Entered: 08/13/2004) 08/31/ Proposed Form of Order Submitted [Proposed] Order Preliminarily Approving Settlement And Providing For Notice. Filed by all plaintiffs. Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA(Grenley, Gary) (Entered: 08/31/2004) 08/31/ Motion for Preliminary Approval of Class Action Settlement. Filed by all plaintiffs.associated Cases: 3:03-cv HA,3:03-cv HA (pvh, ) (Entered: 09/01/2004) 08/31/ Memorandum in Support. Filed by all plaintiffs. (Related document(s): Motion66.)Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 09/01/2004) 08/31/ Stipulation of Settlement re Motion66 by all plaintiffs. Filed by all plaintiffs. Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 09/01/2004) 08/31/ Certificate of Service by all plaintiffs re Motion66, Memorandum in Support of Motion67, Stipulation68. Filed by all plaintiffs. Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 09/01/2004) 09/03/ CIVIL MINUTES: Record of Hearing on Proposed Settlement: Order granting preliminary approval of settlement. G.Grenley,J.Light present as counsel for plaintiff(s). J.Bern; D. Melville; M.Petranovich; S.Whipple present as counsel for defendant(s). Court Reporter or Tape No.: D. Apodaca. Ancer L. Haggerty presiding. (Related document(s): Motion66.) Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA(md, ) (Entered: 09/03/2004) 09/03/ ORDER preliminary approving settlement and proving notice. It is ordered that a settlement hearing will be held on November 19,2004 at 1:30pm before Judge Ancer L. Haggerty. Objections by any member of the class shall be received by October 25,2004. See order. ( Attachments A-1 through A-3 were not scanned as attachments to this order by agreement of counsel. They are attached to the original in the court's file).signed 9/3/04 by Ancer L. Haggerty. Associated Cases: 3:03-cv-

14 00404-HA,3:03-cv HA,3:03-cv HA (md, ) (Entered: 09/03/2004) 11/12/ Plaintiffs' Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and Application for Award of Attorney Fees and Reimbursement of Expenses. Filed by all plaintiffs.associated Cases: 3:03-cv HA,3:03-cv HA (pvh, ) (Entered: 11/12/2004) 11/12/ Memorandum in Support of Plaintiffs' Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and Application for Award of Attorney Fees and Reimbursement of Expenses.. Filed by all plaintiffs. (Related document(s): Motion for attorney fees, Motion Final Approval of Class Action Settlement 72.)Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 11/12/2004) 11/12/ Lead Plaintiffs' Memorandum in Support to Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and Application for Award of Attorney Fees and Reimbursement of Expenses. Filed by all plaintiffs. (Related document(s): Motion for attorney fees, Motion for Final Approval of Class Action Settlement 72.)Associated Cases: 3:03- cv ha,3:03-cv ha(pvh, ) (Entered: 11/12/2004) 11/12/ Declaration of Dennis J. Herman. Filed by all plaintiffs. (Related document(s): Motion for attorney fees, Motion for Final Approval of Class Action Settlement, 72.)Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 11/12/2004) 11/12/ Declaration of Jeffrey D. Light. Filed by all plaintiffs. (Related document(s): Motion for attorney fees 72.)Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 11/12/2004) 11/12/ Appendix of Representative Plaintiffs' Counsel's Declarations in Support of Application for Award of Attorneys' Fees and Reimbursement of Expenses 72. Filed by Jeffrey D. Light appearing on behalf of all plaintiffs.associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 11/12/2004) 11/12/ Return of Service by Publication in the Investor's Business Daily, published in the City of Los Angeles, State of California. Last date published was 09/20/04. Filed by all plaintiffs. Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 11/12/2004) 11/19/ CIVIL MINUTES: Record of Hearing on Approval of Settlement: Orders approving allocation of settlement proceeds, award of attorney fees and final judgment signed. G.Grenley,J.Light present as counsel for plaintiff(s). L.Rosenbaum,S.Whipple,L.Cronn present as counsel for defendant(s). Court Reporter or Tape No.: A.LeGore. Ancer L. Haggerty presiding. Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA(md, ) (Entered: 11/19/2004) 11/19/ ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS. See order. Signed on 11/19/04 by Judge Ancer L. Haggerty. Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA (md, ) (Entered: 11/19/2004)

15 11/19/ Order awarding Representative Plaintiffs' counsel's attorney fees' fees and reimbursement of expenses. See order. Signed on 11/19/04 by Judge Ancer L. Haggerty.Associated Cases: 3:03-cv HA,3:03-cv HA,3:03-cv HA (md, ) (Entered: 11/19/2004) 11/19/ FINAL Judgment and Order of Dismissal with prejudice. See Judgment. Signed on 11/19/04 by Judge Ancer L. Haggerty.Associated Cases: 3:03-cv HA,3:03- cv ha,3:03-cv ha (md, ) (Entered: 11/19/2004) 01/24/ Notice of Change of Address. Filed by Counsel, Marc A. Topaz appearing on behalf of Robert W. Pabich.Associated Cases: 3:03-cv HA,3:03-cv HA(pvh, ) (Entered: 01/25/2005) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at