U.S. District Court United States District Court for the Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:02-cv RMB-THK

Transcription

1 US District Court Civil Docket as of 02/06/2007 Retrieved from the court on Thursday, May 10, 2007 U.S. District Court United States District Court for the Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:02-cv RMB-THK In Re: Actrade Financial v., et al Assigned to: Judge Richard M. Berman Referred to: Magistrate Judge Theodore H. Katz Demand: $0 Member cases: 1:02-cv RMB 1:02-cv RMB 1:02-cv RMB 1:02-cv RMB 1:02-cv RMB 1:02-cv RMB 1:02-cv RMB Related Cases: 1:02-cv RMB 1:02-cv RMB 1:02-cv RMB 1:02-cv RMB Cause: 15:78m(a) Securities Exchange Act Plaintiff Richard Bowe Roth-IRA On behalf of himself and all others similarly situated Date Filed: 02/15/2002 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Jeanne F. D'Esposito Lowey Dannenberg Bemporad Selinger & Cohen, P.C., (WP) White Plains Plaza 1 North Broadway 5th Floor White Plains, NY (914) Richard Bemporad Lowey, Dannenberg, Bemporad & Selinger, P.C. One North Lexington Avenue, The Gateway 11th Floor White Plains, NY (914) rbemporad@ldbs.com

2 V. Defendant Actrade Financial Technologies, Ltd. represented by Daniel J. Leffell Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P Avenue of the Americas New York, NY (212) Defendant Amos Aharoni represented by Sigmund Samuel Wissner-Gross Brown Rudnick Berlack Israels, LLP(NYC) Seven Times Square New York, NY Fax: Defendant Alexander C. Stonkus represented by Paul Joseph Fishman Friedman, Kaplan, Seiler and Adelman 1633 Broadway NY, NY Fax: Defendant David Askin TERMINATED: 05/14/2004 represented by Scott Alexander Edelman Milbank, Tweed, Hadley & McCloy LLP 1 Chase Manhattan Plaza New York, NY (212) Fax: (212) sedelman@milbank.com Movant Kirk A. Miller represented by Frederick Taylor Isquith, Sr

3 Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P. 270 Madison Avenue New York, NY (212) Gustavo Bruckner Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Avenue New York, NY (212) Movant John W. Barickman represented by Frederick Taylor Isquith, Sr Gustavo Bruckner Movant Kenneth Qi Ge represented by Andrei V. Rado Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. One Pennsylvania Plaza New York, NY (212) Samuel Howard Rudman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY Fax: Steven G. Schulman Milberg Weiss Bershad & Schulman LLP (NYC)

4 One Pennsylvania Plaza New York, NY Fax: Movant Peter Lupo represented by Andrei V. Rado Samuel Howard Rudman Steven G. Schulman Movant Zeng Hui Wang represented by Andrei V. Rado Samuel Howard Rudman Steven G. Schulman Movant James E. McGrew represented by Jeanne F. D'Esposito Richard Bemporad Movant Gregory W. Tramontin represented by Jeanne F. D'Esposito

5 Richard Bemporad Consolidated Plaintiff Stanley Sved Consolidated Plaintiff Ira Arline Berstein Consolidated Plaintiff Dr. Andrea G. Moore Consolidated Plaintiff Daniel Destefano Consolidated Plaintiff Richard Grant Consolidated Plaintiff Robert Twardy Consolidated Plaintiff Daniel Blair Consolidated Plaintiff Samuel Koenig V. Consolidated Defendant Joseph P. D'Alessandris represented by Katherine Ash Troutman Sanders LLP The Chrysler Building 405 Lexington Avenue New York, NY (212)

6 Defendant Aharoni, Stonkus, Askin And D'Alessandris Defendant Deloitte & Touche LLP Date Filed # Docket Text 02/15/ COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ (gmo) (Entered: 02/25/2002) 02/15/2002 Magistrate Judge Theodore H. Katz is so designated. (gmo) (Entered: 02/25/2002) 03/04/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c).. (yv) (Entered: 03/07/2002) 03/12/ STIPULATION and ORDER, the time for defts to answer to the Complaint in this action be extended until after the Court appoints lead plntf and lead counsel purs to a scheduled agreed upon by the parties or otherwise set by the Court ( signed by Judge John S. Martin ) (cd) (Entered: 03/14/2002) 03/12/ Memo-Endorsement on letter addressed to Judge Martin from Gregory E. Sohns, dated 3/11/02, granting Mr. Sohns application to withdraw the application for the order to show casue directed to Mr. Jeffries ( signed by Judge John S. Martin ); Copies mailed. (cd) (Entered: 03/14/2002) 03/13/ Letter filed by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, David Askin addressed to Mr. Parkinson, Clerk of Court from Kurt Huciker, dated 3/11/02, re: defendants write to inform the Court that four related actions were subsequently filed in the Southern District of New York. (pl) (Entered: 03/15/2002) 03/28/ RULE 1.9 CERTIFICATE filed by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, David Askin. (yv) (Entered: 04/01/2002) 04/16/ NOTICE OF MOTION by Kirk A. Miller, John W. Barickman For an order appointing Kirk A. Miller and John W. Barickman as lead plaintiff, To approve movants selection of Wolf, Hadenstein, Adker, Freeman & Herz as lead counsel, and To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071. Proposed order attached. No return date indicated. Received in night deposit box on 4/16/02 at 8:43 p.m. (db) Modified on 04/22/2002 (Entered: 04/22/2002) 04/16/ MEMORANDUM OF LAW by Kirk A. Miller, John W. Barickman in support of [7-1] motion For an order appointing Kirk A. Miller and John W. Barickman as lead plaintiff, [7-2] motion To approve movants selection of Wolf, Hadenstein, Adker, Freeman & Herz as lead counsel, [7-3] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071.

7 Received in night deposit box on 4/16/02 at 8:43 p.m. (db) (Entered: 04/22/2002) 04/16/ DECLARATION of Gustavo Bruckner by Kirk A. Miller, John W. Barickman in support Re: [7-1] motion For an order appointing Kirk A. Miller and John W. Barickman as lead plaintiff, [7-2] motion To approve movants selection of Wolf, Hadenstein, Adker, Freeman & Herz as lead counsel, [7-3] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071. Received in night deposit box on 4/16/02 at 8:43 p.m. (db) (Entered: 04/22/2002) 04/16/ DECLARATION OF SERVICE of motion & supporting documents as to Actrade Financial, Amos Aharoni, Alexander C. Stonkus, David Askin by first class mail to defendants' attorneys' on 4/16/02. Received in night deposit box on 4/16/02 at 8:43 p.m. (db) Modified on 04/22/2002 (Entered: 04/22/2002) 04/16/ NOTICE OF MOTION by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071, For an order appointing movants as lead plaintiff, and To approve movants selection of Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. as lead counsel. No return date indicated. Received in night deposit box on 4/16/02 at 7:28 p.m. (db) (Entered: 04/22/2002) 04/16/ MEMORANDUM OF LAW by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang in support of [11-1] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071, [11-2] motion For an order appointing movants as lead plaintiff, [11-3] motion To approve movants selection of Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. as lead counsel. Received in night deposit box on 4/16/02 at 7:28 p.m. (db) (Entered: 04/22/2002) 04/16/ DECLARATION of Samuel H. Rudman by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang in support Re: [11-1] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071, [11-2] motion For an order appointing movants as lead plaintiff, [11-3] motion To approve movants selection of Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. as lead counsel. Received in night deposit box on 4/16/02 at 7:28 p.m. (db) (Entered: 04/22/2002) 04/16/ NOTICE OF MOTION by James E. McGrew, Gregory W. Tramontin; for an order purs. to FRCP 42(a) and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. sec. 78u-4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, to consolidate related actions 02 civ. 1263; 02 civ. 1399; 02 civ. 1491; 02 civ. 1608; 02 civ. 1670; 02 civ and 02 civ for all purposes ; approving the Movants' selection of the law firms of Shapiro Haber & Urmy LLP and Lowey Dannenberg Bemporad & Selinger, P.C., to serve as Co- Lead Counsel in this action ; for approval of their selection of lead counsel. No Return Date (ae) (Entered: 04/25/2002) 04/16/ MEMORANDUM OF LAW by James E. McGrew, Gregory W. Tramontin in support of [15-1] motion for an order purs. to FRCP 42(a) and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. sec. 78u- 4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, to consolidate related actions 02 civ. 1263; 02 civ. 1399; 02 civ. 1491; 02 civ. 1608; 02 civ. 1670; 02 civ and 02 civ for all purposes; [15-2] motion

8 approving the Movants' selection of the law firms of Shapiro Haber & Urmy LLP and Lowey Dannenberg Bemporad & Selinger, P.C., to serve as Co-Lead Counsel in this action; [15-3] motion for approval of their selection of lead counsel. (ae) (Entered: 04/25/2002) 04/16/ DECLARATION of Theodore M. Hess-Mahan by James E. McGrew, Gregory W. Tramontin in support Re: [15-1] motion for an order purs. to FRCP 42(a) and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. sec. 78u- 4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, to consolidate related actions 02 civ. 1263; 02 civ. 1399; 02 civ. 1491; 02 civ. 1608; 02 civ. 1670; 02 civ and 02 civ for all purposes; [15-2] motion approving the Movants' selection of the law firms of Shapiro Haber & Urmy LLP and Lowey Dannenberg Bemporad & Selinger, P.C., to serve as Co-Lead Counsel in this action; [15-3] motion for approval of their selection of lead counsel. (ae) (Entered: 04/25/2002) 04/18/ Memo-Endorsement on letter addressed to Judge Martin from Samuel H. Rudman, dated 4/16/02; Re: counsel for Kenneth Qi Ge, Peter Lupo and Zeng Hui Wang request leave from the Court's Individual Practice Rule 2.A., requiring a conference before the filing of motions; a pre-motion conference is not required. ( signed by Judge John S. Martin ); Copies mailed. (pl) (Entered: 04/22/2002) 05/08/ PRETRIAL ORDER No. 1; that actions 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780, 02cv2071, 02cv2930 are consolidated for all purposes pursuant to F.R.C.P. 42(a); a Master Docket is established for the consolidated proceedings in the actions and in all other cases filed in or transferred to this Court and consolidated herewith pursuant to this Order; entries in said Master Docket shall be applicable to the actions as more fully set forth in this Order; a Master File is established for the consolidated proceedings in the actions; the Master File shall be 02-CV-1263 (JSM); the original of this Order shall be filed by the Clerk in the Master File hereby established; the Clerk shall mail a copy of this Order to counsel of record in each of the actions; when a case that relates to the subject matter of the actions, or arises out of the facts or circumstances that are the subject matter of the actions, is hereafter filed in this Court or transferred here from another Court, the Clerk of the Court shall follow procedures as set forth in this Order; every pleading filed in the actions shall bear the caption as set forth in this Order ; Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang, James E. McGrew and Gregory W. Tramontin are appointed lead plaintiffs in the actions ; the Court appoints the law firms of Milberg Weiss Bershad Hynes & Lerach LLP and Shapiro Haber & Urmy LLP as lead counsel ; no later than 45 days from the date of entry of this Order, the lead plaintiff shall file and serve a Consolidated Class Action Complaint, which shall be deemed the operative complaint in the actions, superseding all previously filed complaints in the actions, to which defendants need not respond. ( signed by Judge John S. Martin ) (kkc) (Entered: 05/08/2002) 05/08/2002 Consolidated Lead Case. (kkc) (Entered: 05/08/2002) 05/09/ MEMO-ENDORSEMENT on Notice of withdrawal of Kirk A. Miller and John W. Barickman's Notice of Motion for appointment as lead plaintiff, approval of movant's selection of lead counsel, an consolidation of related actions; granted. ( signed by Judge John S. Martin ); Copies mailed. (kw) (Entered: 05/13/2002)

9 05/16/ Notice of Case Reassignment to Judge Richard M. Berman. Copy of notice and judge's rules mailed to Attorney(s) of record: Jeanne F. D'Esposito, Richard Bemporad, Andrei V. Rado, Samuel Howard Rudman, Steven G. Schulman, Gustavo Bruckner, Fred Taylor Isquith. (dle) (Entered: 05/29/2002) 05/17/ Notice of Case Reassignment to Judge Richard M. Berman. Copy of notice and judge's rules mailed to Attorney(s) of record: Jeanne F. D'Esposito, Richard Bemporad, Andrei V. Rado, Samuel Howard Rudman, Steven G. Schulman, Gustavo Bruckner, Fred Taylor Isquith. (gmo) (Entered: 05/31/2002) 06/13/ Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 06/12/02; reset amended pleadings due for 7/8/02 ; reset answer due for 9/13/02 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial ; ( signed by Judge Richard M. Berman ); Copies mailed. (djc) (Entered: 06/17/2002) 07/01/ Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 06/28/02; reset amended pleadings due for 7/17/02; answer to amended complaint extended to 09/20/02 ; ( signed by Judge Richard M. Berman ) Copies mailed. (djc) Modified on 07/08/2002 (Entered: 07/02/2002) 07/01/2002 Deadline(s) updated: reset answer due for 9/20/02 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial. (djc) (Entered: 07/08/2002) 07/17/ AMENDED COMPLAINT by Richard Bowe Roth, Stanley Sved, Ira Arline Berstein, Andrea G. Moore, Daniel Destefano, Richard Grant, Robert Twardy, Daniel Blair, Samuel Koenig (Answer due 7/30/02 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial) amending [2-1] complaint; Summons issued. Received in night deposit box on 7/17/02 at 10:23 p.m. (db) Modified on 07/22/2002 (Entered: 07/22/2002) 09/16/ Memo-Endorsement on letter addressed to Judge Berman from Thomas G. Shapiro, dated 9/11/02. Re:, counsel for pltffs' on behalf of all parties requests a modification of the schedule for completing the pleadings in this case: pltffs' period of thirty (30) days to file amended complaint and dfts answer to be filed sixty (60) days of the filing of the amended complaint. Pltffs may have a period of twenty (20) days after the filing by Arcade of audited financial statements for its fiscal year ended 6/30/02 in which to file an amended complaint. Dft shall file an answer or otherwise respond to such amended complaint within twenty (20) days of the filing of the amended complaint. As modified.. (signed by Judge Richard M. Berman); Copies mailed. (db) (Entered: 09/17/2002) 09/20/ NOTICE of attorney appearance for David Askin by Scott Edelman. (sb) (Entered: 09/27/2002) 01/06/ ORDER TO SHOW CAUSE; Show Cause Hearing set for 10:00 a.m. on 1/31/03 for the law firm of Jenkens & Gilchrist Parker Chapin LLP to withdraw as attorney for Mr. Aharoni ; ( signed by Judge Richard M. Berman ); (djc) (Entered: 01/08/2003) 01/14/ AFFIDAVIT OF SERVICE of OSC and Declaration of Elliot Cohen as to Amos Aharoni and also to attorney Pinhas Rubin by courier on 1/6/03. (djc) (Entered:

10 01/21/2003) 01/27/ Memo-Endorsement on letter addressed to Judge Berman from Amos Aharoni, dated 1/21/03. Re: plaintiff writes requesting a 90 days postponement of all hearing to allow him sufficient time to find an attorney. Sorry, we are going forward on 1/31/03 at 10:00 a.m. I suggest you send counsel or a representative. ( signed by Judge Richard M. Berman ); (kw) (Entered: 01/30/2003) 02/04/ AFFIDAVIT OF SERVICE of Memo Order by mail on 1/27/03 (cd) (Entered: 02/10/2003) 02/04/ AFFIDAVIT OF SERVICE of Memo Order by Fed Exp on 1/27/03.. (cd) (Entered: 02/10/2003) 02/04/ AFFIDAVIT OF SERVICE of Memo Order by courier, Network Intl on 1/27/03, as to Amos Aharoni (cd) (Entered: 02/10/2003) 02/13/ Memo-Endorsement on letter addressed to Judge Berman from Amos Aharoni, dated 2/13/03. Re: Amos Aharoni requests that the Court not grant the motion of Jenkens & Gilchrist Parker Chapin LLP to withdraw as his counsel. See Court's prior order. ( signed by Judge Richard M. Berman ); (kw) (Entered: 02/18/2003) 02/13/ ORDER; that the law firm of Jenkens & Gilchrist Parker Chapin LLP hereby withdraws as counsel for defendant Actrade ; that Paul, Weiss, Rifkind, Wharton & Garrison LLP is substituted as counsel of record for defendant Actrade. ( signed by Judge Richard M. Berman ); (jco) Modified on 02/19/2003 (Entered: 02/18/2003) 02/13/ Memorandum to Docket Clerk: that a status conference was held on 2/13/03; motion to withdraw as counsel granted; plaintiff to submit: default letter by 3/6/03; motion to amend letter by 2/20/03. (pl) (Entered: 02/19/2003) 02/13/2003 Status Conference held on 2/13/03 before Judge Richard M. Berman. (pl) (Entered: 02/19/2003) 02/13/ AFFIDAVIT OF SERVICE of Notice of Hearing as to Amos Aharoni via courier and facsimile on 2/3/03. (djc) (Entered: 02/24/2003) 02/13/ AFFIDAVIT OF SERVICE of Notice of Hearing as to Amos Aharoni by facsimile on 2/3/03. (djc) (Entered: 02/24/2003) 02/13/ AFFIDAVIT OF SERVICE of Notice of hearing as to Amos Aharoni by Feeral Express, priority deliv on 2/3/03. (djc) (Entered: 02/24/2003) 02/20/ SECOND AMENDED COMPLAINT by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang, James E. McGrew, Gregory W. Tramontin (Answer due 3/3/03 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial ) amending [1-1] complaint against Aharoni, Stonkus, Deloitte & Touche. Summons issued.(received in the night deposit box on 2/20/03 at 6:41 p.m.). (gf) Modified on 02/27/2003 (Entered: 02/27/2003) 02/26/ CERTIFICATE OF SERVICE of 2nd Amended Complaint as to Richard Bowe Roth- by Federal Express on 2/26/03. Answer due on 3/18/03 for Richard Bowe Roth-. (laq) (Entered: 02/27/2003) 03/06/ NOTICE of attorney appearance for Amos Aharoni by Sigmund S. Wissner-Gross.

11 (cd) (Entered: 03/07/2003) 03/20/ STIPULATION and ORDER, that the time for defendants Amos Aharoni, for Alexander C. Stonkus, for David Askin, Joseph P. D'Alessandris, for Deloitte & Touche to Answer, move* or otherwise plead with respect to the Second Amended Complaint shall be and the same hereby is extended to and including 5/15/03. *If there's a motion, it needs to be a joint motion of all Defendants embracing all points sought to be raised. See Court's rules re: page limits, double spaced & normal margins. ( signed by Judge Richard M. Berman ). (tp) (Entered: 03/21/2003) 04/01/ AFFIDAVIT OF SERVICE of second amended summons and complaint as to Deloitte & Touche by Kyle Barrios, Legal Asst on 2/26/03. Answer due on 3/18/03 for Deloitte & Touche. (djc) (Entered: 04/03/2003) 05/07/ Memo-Endorsement on letter addressed to Judge Berman from John Gardine, dated 5/6/03; Pltff is to respond with 2-3 pp letter by 5/12/03 + counsel thereafter to schedule conference with Deputy. ( signed by Judge Richard M. Berman ); (sac) (Entered: 05/09/2003) 05/12/ STIPULATION and ORDER; reset answer to secondn amended complaint due for 6/6/03 for Deloitte & Touche, for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni. ( signed by Judge Richard M. Berman ) (djc) (Entered: 05/12/2003) 05/20/ Memo-Endorsement on letter addressed to Judge Berman from Thomas G. Shapiro, dated 5/16/03. Re: Lead Plaintiffs request a pre-motion conference. Please take up with Magistrate Katz, why is a motion needed (as opposed to this letter & a short response)?. ( signed by Judge Richard M. Berman ); (kw) (Entered: 05/23/2003) 05/23/ STIPULATION AND ORDER; substituting Friedman, Kaplan, Seiler & Adelan in place of Jenkens & Gilchrist, Parker, Chapin, L.L.P. as counsel of record for deft Alexander Stonkus. ( signed by Judge Richard M. Berman ) (sac) (Entered: 05/27/2003) 05/23/ Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report and recommendation. Referred to Magistrate Judge Theodore H. Katz. ( signed by Judge Richard M. Berman ) (sac) (Entered: 05/27/2003) 05/28/2003 PRETRIAL CONFERENCE before Judge Richard M. Berman. (ad) (Entered: 06/06/2003) 05/28/ Memorandum to Docket Clerk: Joint motion to be filed by 6/30/03, response by 8/14/03 and reply due 9/12/03. (ad) (Entered: 06/06/2003) 07/03/ NOTICE OF MOTION (FILED ON SERVICE DATE) by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, and Deloitte & Touche, to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). No Return Date. Declaration of John Gardiner in support. (Rec. in the night deposit box). (kw) Modified on 07/08/2003 (Entered: 07/08/2003) 07/03/ MEMORANDUM OF LAW by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, Deloitte & Touche in support of [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). (Rec. in the night deposit

12 box). (kw) (Entered: 07/08/2003) 07/10/ DECLARATION of Stacey J. Rappaport by David Askin in support Re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). (yv) (Entered: 07/11/2003) 08/13/ Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 8/11/03, Plntf's Response to Motion reset for 8/19/03 re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6) ( signed by Judge Richard M. Berman ); (cd) (Entered: 08/14/2003) 08/19/ Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 8/18/03; plaintiffs response to motion reset for 8/21/03 re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). ( signed by Judge Richard M. Berman ); (pl) (Entered: 08/20/2003) 08/21/ MEMORANDUM OF LAW by Richard Bowe Roth-, Stanley Sved, Ira Arline Berstein, Andrea G. Moore, Daniel Destefano, Richard Grant, Robert Twardy, Daniel Blair, Samuel Koenig in opposition to [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). (Received in night deposit box on 8/21/03, at 11:03 p.m.) (tp) (Entered: 08/25/2003) 09/05/ Memo-Endorsement on letter addressed to Judge Berman from Jeremy A. Berman, dated 9/4/03. Counsel for defendants request an extension of time to file our reply brief until 9/19/03. Extension granted. ( signed by Judge Richard M. Berman ) (sb) (Entered: 09/08/2003) 09/22/ Memo-Endorsement on letter addressed to Judge Berman from John L. Gardiner, dated 9/17/03; granting dft's requests for an extension of time to file the corrdinated reply brief and an enlargement of the page limitation on defendants' combined reply memorandum of law. ( signed by Judge Richard M. Berman ); (pl) (Entered: 09/24/2003) 09/24/ REPLY MEMORANDUM by Amos Aharoni, Alexander C. Stonkus, David Askin, Joseph P. D'Alessandris, Deloitte & Touche in support re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). Received in night deposit on 9/24/03 at 8:09 p.m. (moc) (Entered: 09/29/2003) 09/24/ DECLARATION of Jeremy A. Berman by Amos Aharoni, Alexander C. Stonkus, David Askin, Joseph P. D'Alessandris, Deloitte & Touche in support Re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). Received in night deposit on 9/24/03 at 8:09 p.m. (moc) (Entered: 09/29/2003) 11/17/ ORDER, that the court invites relevant submissions from the parties which should be no more than three pages in length, double spaced and delivered to Room 201 of 40 Centre Street by noon on 11/18/03. ( signed by Judge Richard M. Berman ); (dle) (Entered: 11/19/2003) 11/19/ Notice of Case reassignment to Judge Richard J. Holwell. Copy of notice and judge's rules mailed to Attorney(s) of record: Jeanne F. D'Esposito, Richard Bemporad, Andrei V. Rado, Samuel Howard Rudman, Steven G. Schulman, Gustavo Bruckner, Fred Taylor Isquith, Scott Edelman, Paul J. Fishman, Sigmund

13 S. Wissner-Gross, Daniel J. Leffell. (gf) (Entered: 11/22/2003) 01/23/ Defendants' combined memorandum of law in RESPONSE to the court's 1/21/04 Order. Document filed by Actrade Financial Technologies, Ltd., Amos Aharoni, Aharoni, Stonkus, Askin And D'Alessandris, David Askin, Deloitte & Touche LLP, Alexander C. Stonkus. (jco, ) (Entered: 01/27/2004) 01/23/ DECLARATION of Jeremy A. Berman in further Support of defendants' combined memorandum of law in response to the Court's 1/21/04 Order. (jco, ) (Entered: 01/27/2004) 01/23/ Letter addressed to Judge Richard M. Berman from Clifford S. Goodstein dated 1/23/04 re: Counsel from the Firm Milberg, Weiss, Bershad, Hynes & Lerach, LLP writes in response to Order dated 1/21/04. (jco, ) (Entered: 01/27/2004) 02/03/ ENDORSED LETTER addressed to Judge Berman from Clifford S. Goodstein dated 1/22/2004 re: Extension of time to respond to Court's order. The Court denies the request. Sorry no extensions. If you can't respond in the time and pages alloted, we all have bigger problems that I care to imagine.. (Signed by Judge Richard M. Berman on 1/23/2004) Associated Cases: 1:02-cv RJH-THK,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02- cv rmb,1:02-cv rmb,1:02-cv rmb(jsa, ) (Entered: 02/09/2004) 02/13/ ORDER; granting [50] Motion to Dismiss and Plaintiffs are granted leave to file an amended complaint. Counsel are requested to appear at a status/scheduling conference with the Court on p.m., in Courtroom 706 of the Thurgood Marshall Courthous, 40 Centre St, N.Y.C.. Counsel may write to the Court to requests an earlier conference.. (Signed by Judge Richard M. Berman on 2/11/04) (pl, ) (Entered: 02/18/2004) 02/13/2004 Set/Reset Scheduling Order Deadlines: Status/Scheduling Conference set for 4/23/ :00 PM before Richard J. Holwell. (pl, ) (Entered: 02/18/2004) 03/30/ ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 3/29/2004 re: extension until 5/28/2004 to file and amended complaint. The application is granted. (Signed by Judge Richard M. Berman on 3/30/2004) Filed In Associated Cases: 1:02-cv RJH-THK,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB(jsa, ) (Entered: 03/31/2004) 04/02/ TRANSCRIPT of proceedings held on 2/10/2004 before Judge Richard M. Berman.(jp, ) (Entered: 04/02/2004) 04/13/ NOTICE OF CASE REASSIGNMENT to Judge Richard M. Berman. Judge Richard J. Holwell no longer assigned to the case. (jjm, ) (Entered: 04/13/2004) 04/13/2004 Mailed notice to the attorney(s) of record. (jjm, ) (Entered: 04/13/2004) 04/22/ ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 04/13/04 re: counsel requests that the status/scheduling conference be rescheduled; Granted conference reset to 06/23/04 at 9:30 a.m.. Status Conference set for 6/23/ :30 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 04/21/04) (djc, ) (Entered: 04/23/2004)

14 04/26/ AFFIDAVIT OF SERVICE of Summons and Second Amended Complaint. Amos Aharoni served on 4/19/2004, answer due 5/10/2004. Service was accepted by Amos Aharoni. Document filed by Lead Counsel for the Plaintiffs. (sac, ) (Entered: 05/07/2004) 05/10/ ENDORSED LETTER addressed to Judge Berman from Sigmund S. Wissner- Gross dated 5/7/04 re: request for permission to have until 6/4/04 to file a response to the Summons and Second Amended Complaint. So Ordered as to 6/4/04 (only) (Signed by Judge Richard M. Berman on 5/7/04) Filed In Associated Cases: 1:02- cv thk,1:02-cv rmb,1:02-cv rmb,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB(yv, ) (Entered: 05/11/2004) 05/10/2004 Set Answer Due Date purs. to [72] Endorsed Letter, as to Amos Aharoni answer due on 6/4/2004. (yv, ) (Entered: 05/11/2004) 05/14/ MEMO ENDORSEMENT on Notice of Dismissal of action against dft. David J. Askin, pursuant to Rule 41(a)(1)(i) of the F.R.C.P. with prejudice and without costs. (Signed by Judge Richard M. Berman on 5/13/04) (pl, ) (Entered: 05/17/2004) 05/25/ ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 5/20/04 re: a settlement agreement in principle has been reached, parties hope to submit agreement before the scheduled 6/23/04 status conference. Application GRANTED. (Signed by Judge Richard M. Berman on 5/24/04) (db, ) (Entered: 05/26/2004) 05/26/ NOTICE of Change of Address by Theodore M. Hess-Mahan, Thomas G. Shapiro on behalf of Ira Arline Berstein, Daniel Blair, Daniel Destefano, Richard Grant, Samuel Koenig, Andrea G. Moore, Richard Bowe Roth-IRA, Stanley Sved, Robert Twardy. New Address: Shapiro, Haber & Urmy, L.L.P., Exchange Place, 53 State Street, Boston, Massachusettes, (jco, ) (Entered: 06/01/2004) 06/17/ ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 06/15/04 re: counsel requests an adjournment of status conference; Conference is adjourned to July 21, 2004 at 9:00a.m. (Signed by Judge Richard M. Berman on 6/16/04) (djc, ) (Entered: 06/18/2004) 06/17/2004 Set Deadlines/Hearings: Status Conference set for 7/21/ :00 AM before Judge Richard M. Berman. (djc, ) (Entered: 06/18/2004) 07/15/ ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 7/14/2004 re: adjourn status conference until 8/11/2004 at 2:00pm. Application granted. (Signed by Judge Richard M. Berman on 7/15/2004) (Entered: 07/16/2004) 07/15/2004 Set/Reset Hearings: Status Conference set for 8/11/ :00 PM before Judge Richard M. Berman. (jsa, ) (Entered: 07/16/2004) 08/10/ ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 8/6/04; the 8/11 status conference is adjourned to 9/24/04 at 9:00 am. (Signed by Judge Richard M. Berman on 8/9/04) (cd, ) (Entered: 08/13/2004) 09/23/ ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G.

15 Shapiro dated 9/22/04 re: request that the Status Conference presently set for 9/24/04 be continued to a date convenient to the Court on or after 10/12/04 (Other than 10/19/04). Application Granted. Adjourned to 10/26/04 at 9:30 AM. Status Conference set for 10/26/ :30 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 9/21/04) Filed In Associated Cases: 1:02- cv rmb-thk,1:02-cv rmb,1:02-cv rmb,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB,1:02-cv RMB(dfe, ) (Entered: 09/24/2004) 01/11/ ENDORSED LETTER addressed to Judge Richard M. Berman dated 1/10/05 Status Conference set for 3/16/2005 at 2:30 PM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 1/11/05) (sac, ) (Entered: 01/13/2005) 03/02/ ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas Shapiro dated 3/1/05 re: counsel for plaintiffs request that the status conference be adjourned to 4/12/05, 4/15/05 or 4/20/05. 9:30. So Ordered. (Signed by Judge Richard M. Berman on 3/2/05) (dle, ) (Entered: 03/07/2005) 03/02/2005 Set/Reset Hearings: Status Conference set for 4/15/ :30 AM before Judge Richard M. Berman. (dle, ) (Entered: 03/07/2005) 04/07/ ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 4/6/05 re: requesting that the conference scheduled for 4/15/05 be adjourned. 6/28/05 at 10:00 a.m. (Signed by Judge Richard M. Berman on 4/7/05) (kw, ) (Entered: 04/08/2005) 04/07/2005 Set Deadlines/Hearings: Status Conference set for 6/28/2005 at 10:00 AM before Judge Richard M. Berman. (kw, ) (Entered: 04/08/2005) 06/22/ STIPULATION AND ORDER; substituting Troutman Sanders LLP in place of Jenkens & Gilchrist Parker Chapin LLP as counsel for Defendant Joseph D'Alessandris. (Signed by Judge Richard M. Berman on 6/22/05) (sac, ) (Entered: 06/23/2005) 06/24/ ENDORSED LETTER addressed to Judge Richard M. Berman from Theodore M. Hess-Mahan dated 6/22/05; Status Conference set for 9/7/2005 at 12:00 PM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 6/22/05) (sac, ) (Entered: 06/27/2005) 09/06/ ENDORSED LETTER addressed to Judge Richard M. Berman from Michael H. Blauner dated 9/6/05 re: request for the status conference hearing to be rescheduled. ENDORSEMENT: Adjourned to 9:15 AM. (Signed by Judge Richard M. Berman on 9/6/05) (kco, ) (Entered: 09/07/2005) 09/16/ ENDORSED LETTER addressed to Judge Richard M. Berman from Theodore M. Hess-Mahan dated 9/15/05 re: a request for adjournment of the status conference presently scheduled for 9/16/05. ENDORSEMENT: 10/27/2005 at 9:15 AM (Signed by Judge Richard M. Berman on 9/15/05) (kco, ) (Entered: 09/19/2005) 10/26/ ENDORSED LETTER: addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 10/24/2005 re: the parties join in requesting an adjournment of the status conference from 10/27/2005 to a date in January ENDORSEMENT: 1/19/2006 at 10:00 A.M. (Signed by Judge Richard M. Berman on 10/25/2005) (lb,

16 ) (Entered: 10/26/2005) 01/18/ ENDORSED LETTER: addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 1/13/2006 re: requesting an adjournment of the status conference from 1/19/2006 to a date in the last week of March or in early April ENDORSEMENT: Adjourned to 4/4/2006 at 9:15. (Signed by Judge Richard M. Berman on 1/17/2006) (lb, ) (Entered: 01/19/2006) 01/18/2006 Set Deadlines/Hearings: Status Conference set for 4/4/2006 at 09:15 AM before Judge Richard M. Berman. (lb, ) (Entered: 01/19/2006) 06/21/ TRANSCRIPT of proceedings held on 4/9/06 before Judge Richard M. Berman. (tro, ) (Entered: 06/21/2006) 10/11/ ENDORSED LETTER addressed to Judge Berman from Thomas Shapiro dated 10/6/06: granting an adjounment of the 10/20 status conference to 2/7/07 at 9:30 am. (Signed by Judge Richard M. Berman on 10/11/06) (cd, ) Modified on 11/16/2006 (rt, ). (Entered: 10/11/2006) 10/11/2006 Set/Reset Scheduling Order Deadlines: Status Conference set for 2/7/ :30 AM before Judge Richard M. Berman. (cd, ) (Entered: 10/11/2006) 02/06/ ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas Shapiro dated 1/25/07 re: counsel for all parties request that the status conference be adjourned. The clerk is respectfully requested to place this matter on the suspense calendar. (Counsel to advise the court when the case is ready for further action here.) (Signed by Judge Richard M. Berman on 2/6/07) (dle) (Entered: 02/06/2007) 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