U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:00-cv BBM

Transcription

1 US District Court Civil Docket as of 01/23/2002 Retrieved from the court on Thursday, June 30, 2005 U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:00-cv BBM In Re: S1 Corporation, et al v. S1 Corporation, et al Assigned to: Judge Beverly B. Martin Demand: $0 Case in other court: I USCA 11th Circuit, : Cause: 15:78m(a) Securities Exchange Act Date Filed: 05/08/2000 Jury Demand: Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Amy Zimmerman On behalf of herself and all others similarly situated represented by Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Doffermyre Shields Canfield Knowles & Devine 1355 Peachtree Street, N.E. Suite 1600 Atlanta, GA edoffermyre@dsckd.com Kenneth J. Vianale Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL Fax: kvianale@vianalelaw.com Chitwood & Harley

2 1230 Peachtree Street, N.E Promenade II Atlanta, GA Maya Saxena Milberg Weiss Bershad & Schulman 5355 Town Center Road Suite 900 Boca Raton, FL Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Shoshana Hirsch Page Perry LLC Suite Crown Pointe Parkway Atlanta, GA

3 Mel E. Lifshitz Bernstein Liebhard & Lifshitz 10 East 40th Street 22nd Floor New York, NY Bruce McCall Charles J. Piven Office of Charles J. Piven The World Trade Center 401 East Pratt Street Suite 2525 Baltimore, MD

4 Carol Nahon Kenneth J. Vianale Maya Saxena Paul J. Geller Lerach Coughlin Stoia Geller Rudman & Robbins Suite South Federal Hwy.

5 Boca Raton, FL Robert L. Block Arthur Stock Berger & Montague 1622 Locust Street Philadelphia, PA M.D. William H. Burnstein

6 Krissi T. Gore Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Robert M. Roseman Spector Roseman & Kodroff 1818 Market Street Suite 2500 Philadelphia, PA Michael Bauminger

7 Joseph H. Weiss Weiss & Yourman 551 Fifth Avenue 1600 The French Building New York, NY Krissi T. Gore John M. Zenner Krissi T. Gore

8 Marc A. Topaz Schiffrin & Barroway Three Bala Plaza East Suite 400 Bala Cynwyd, PA Dieter Felgen Elizabeth A. Leland Keller Rohrback 1201 Third Avenue Suite 3200 Seattle, WA

9 Juli E. Farris Keller Rohrback 1201 Third Avenue Suite 3200 Seattle, WA Krissi T. Gore Lynn Lincoln Sarko Keller Rohrback 1201 Third Avenue Suite 3200 Seattle, WA Stanley Weindorf

10 James V. Bashian Office of James V. Bashian 500 Fifth Avenue Suite 2700 New York, NY Krissi T. Gore Tommy E. Warner, Sr. David Andrew Bain Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E Promenade II Atlanta, GA

11 Kellie A. Allen Weinstein Kitchenoff Scarlato & Goldman 1845 Walnut Street Suite 1100 Philadelphia, PA Krissi T. Gore Shannon P. Keniry Finkelstein Thompson & Loughran th Street, NW Duvall Foundry Washington, DC Nicole Felgen

12 Elizabeth A. Leland Juli E. Farris Lynn Lincoln Sarko Randy L. Smith David Andrew Bain

13 Krissi T. Gore Peter D. Kadyk David Andrew Bain Krissi T. Gore

14 Devinder S. Ahuja David Andrew Bain Krissi T. Gore V.

15 Defendant S1 Corporation represented by John H. Goselin, II Alston & Bird 1201 West Peachtree Street One Atlantic Center Atlanta, GA John Ludlow Latham Alston & Bird 1201 West Peachtree Street One Atlantic Center Atlanta, GA Todd Richard David Alston & Bird 1201 West Peachtree Street One Atlantic Center Atlanta, GA Defendant Robert Stockwell represented by John H. Goselin, II John Ludlow Latham Todd Richard David Defendant

16 Michel Akkermans represented by John Ludlow Latham Defendant James S. Mahan, III represented by John H. Goselin, II John Ludlow Latham Todd Richard David Movant Richard Allegood TERMINATED: 10/03/2000 TERMINATED: 10/03/2000 Movant The Snodgrass Foundation TERMINATED: 10/03/2000 TERMINATED: 10/03/2000

17 Movant Raveesh Kumra TERMINATED: 10/03/2000 TERMINATED: 10/03/2000 Movant James E. Rice, Jr. TERMINATED: 10/03/2000 TERMINATED: 10/03/2000 Movant The Deljou Family TERMINATED: 10/03/2000 Brian S. Cohen Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY Fred Taylor Isquith Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY Direct

18 TERMINATED: 10/03/2000 Movant Chitwood & Harley represented by Michael J. Bowers Balch & Bingham LLP 3535 Piedmont Road, NE 14 Piedmont Center, Suite 1100 Atlanta, GA Thomas Joshua Archer Balch & Bingham 3535 Piedmont Road, NE 14 Piedmont Center, Suite 1100 Atlanta, GA Date Filed # Docket Text 05/08/ CLASS ACTION COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ RECEIPT # (bek) (Entered: 05/09/2000) 05/08/ ANSWERS TO MANDATORY DISCLOSURES by plaintiff (bek) (Entered: 05/09/2000) 06/05/ Application for admission of Kenneth J. Vianale pro hac vice for plaintiff (to CC) (bek) (Entered: 06/07/2000) 06/13/2000 ENDORSED ORDER by Judge Clarence Cooper APPROVING [3-1] pro hac vice application as to Kenneth J. Vianale. (cc) (bek) (Entered: 06/14/2000) 07/07/ MOTION by movants Richard Allegood, The Snodgrass Foundation, Raveesh

19 Kumra and James E. Rice, Jr. to consolidate cases 1:00-cv-1156, 1:00-cv-1158, 1:00-cv-1160, 1:00-cv-1177, 1:00-cv-1191, 1:00-cv-1223, 1:00-cv-1231, 1:00-cv- 1234, 1:00-cv-1316, 1:00-cv-1467, 1:00-cv-1478 and 1:00-cv-1579 and to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs and to approve the proposed selection of lead counsel with memorandum in support and affidavit of Michael S. Egan. (bek) (Entered: 07/12/2000) 07/07/ MOTION by movant The Deljou Family for appointment as lead plaintiff and approval of its selection of lead counsel with memorandum in support and affidavit of Fred Taylor Isquith. (bek) Modified on 07/19/2000 (Entered: 07/12/2000) 07/10/ Notice of filing original affidavit of Fred Taylor Isquith by movant The Deljou Family. (bek) (Entered: 07/12/2000) 07/10/ Application for admission of Maya Saxena pro hac vice for plaintiff (sk) (Entered: 07/25/2000) 07/17/2000 Proposed consent order to acknowledge service of process upon S1 Corporation, Robert Stockwell and James S. Mahan, II and to consolidate related cases. (to CC) (bek) Modified on 07/18/2000 (Entered: 07/18/2000) 07/24/ CONSENT ORDER by Judge Clarence Cooper, consolidating cases 1:00-cv-1156, 1:00-cv-1158, 1:00-cv-1160, 1:00-cv-1177, 1:00-cv-1191, 1:00-cv-1223, 1:00-cv- 1231, 1:00-cv-1234, 1:00-cv-1316, 1:00-cv-1467, 1:00-cv-1478, 1:00-cv-1579, the master case will be 1:00-cv-1156 and shall be styled in re: S1 Corporation Securities Litigation. All other cases filed previously or subsequently in this district involving the same defendants and which contain similar issues of law and fact shall be consolidated under the same caption. (cc) (bek) (Entered: 07/27/2000) 07/24/ Response by movant The Deljou Family in opposition to [4-1] motion to consolidate cases, [4-2] motion to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs and [4-3] motion to approve the proposed selection of lead counsel (bek) (Entered: 07/27/2000) 07/26/ Response by defendants S1 Corporation, Robert Stockwell and James S. Mahan III in opposition to [5-1] motion for appointment as lead plaintiff, [5-2] motion approval of its selection of lead counsel, [4-2] motion to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs, [4-3] motion to approve the proposed selection of lead counsel (bek) (Entered: 07/27/2000) 07/28/2000 SUBMITTED to Judge Clarence Cooper on [5-1] motion for appointment as lead plaintiff, [5-2] motion approval of its selection of lead counsel, [4-2] motion to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs, [4-3] motion to approve the proposed selection of lead counsel (bek) (Entered: 07/28/2000) 07/28/2000 ENDORSED ORDER by Judge Clarence Cooper APPROVING [7-1] pro hac vice application as to Maya Susan Saxena. (cc) (bek) (Entered: 07/31/2000) 08/07/ Reply by movant The Deljou Family to the aggregation movants' opposition to the

20 Deljou Family's [5-1] motion for appointment as lead plaintiff, [5-2] motion approval of its selection of lead counsel; and opposition to [10-1] response to [5-1] and [5-2] motion, [4-2] motion to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs, [4-3] motion to approve the proposed selection of lead counsel (bek) (Entered: 08/08/2000) 08/07/2000 Case reassigned to Judge Beverly B. Martin. Calendar sheets forwarded and notice mailed to counsel. (so) (Entered: 08/09/2000) 08/07/ Reply brief to [4-2] motion to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs, [4-3] motion to approve the proposed selection of lead counsel by movants Richard Allegood, movant The Snodgrass Foun, movant Raveesh Kumra, movant James E. Rice Jr. (bek) (Entered: 08/10/2000) 08/07/ MOTION by movants Richard Allegood, The Snodgrass Foun, Raveesh Kumra, James E. Rice Jr. to file excess pages limitation to reply memorandum to motion to appoint lead plaintiff's and lead counsel. (bek) (Entered: 08/10/2000) 08/10/ Notice of filing appearance of counsel Charles J. Piven by plaintiff. (aaq) (Entered: 10/23/2000) 08/15/ Notice of filing supplemental authority by S1 Lead Group. (bek) (Entered: 08/16/2000) 08/18/2000 Terminated submission to Judge Cooper. (pdw) (Entered: 08/18/2000) 08/18/2000 SUBMITTED to Judge Beverly B. Martin on [4-1] motion to consolidate cases 1:00-cv-1156, 1:00-cv-1158, 1:00-cv-1160, 1:00-cv-1177, 1:00-cv-1191, 1:00-cv- 1223, 1:00-cv-1231, 1:00-cv-1234, 1:00-cv-1316, 1:00-cv-1467, 1:00-cv-1478 and 1:00-cv-1579, [4-2] motion to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs, [4-3] motion to approve the proposed selection of lead counsel, [5-1] motion for appointment as lead plaintiff, [5-2] motion approval of its selection of lead counsel (pdw) (Entered: 08/18/2000) 08/23/ Notice of filing supplemental authority by movant The Deljou Family. (bek) (Entered: 08/23/2000) 08/24/ ORDER by Judge Beverly B. Martin, directing the law firm of Chitwood & Harley to show cause w/in 10 days why it should not be disqualified from representing either group of lead plas. The court will reserve ruling w/respect to sanctions under Rule 11 after it has ruled on the continued representaiton of Chitwood & Harley. [16-1] order to be submitted on 9/7/00 (cc) (fmm) (Entered: 08/25/2000) 08/25/ Notice of filing second supplemental authority by movant Deljou. (aaq) (Entered: 08/29/2000) 09/08/ Memorandum by Chitwood & Harley in response to [16-1] order (fmm) (Entered: 09/12/2000) 09/11/ Declaration by Chitwood & Harley in response to [16-1] order(aaq) Modified on 09/12/2000 (Entered: 09/11/2000)

21 09/11/2000 SUBMITTED to Judge Beverly B. Martin on [16-1] order and [13-1] motion to file excess pages limitation to reply memorandum to motion to appoint lead plaintiff's and lead counsel. (fmm) (Entered: 09/11/2000) 09/11/ Notice of filing original declaration of Professor Geoffrey P. Miller by Chitwood and Harley. (als) (Entered: 09/12/2000) 09/14/ Notice of filing by movant Chitwood & Harley, declaration of Fred Taylor Isquith in support of memorandum showing cause why Chitwood & Harley should not be disqualified. (aaq) (Entered: 09/15/2000) 09/14/ Application for admission of Brian S. Cohen and Fred Taylor Isquith pro hac vice for movant Deljou (to BBM) (aaq) Modified on 09/26/2000 (Entered: 09/26/2000) 09/21/ Notice of Substitution of Counsel for plaintiffs. withdrawing as counsel for plaintiffs. Chitwood & Harley remaining as counsel for plaintiffs. (aaq) (Entered: 09/22/2000) 10/02/2000 ENDORSED ORDER by Judge Beverly B. Martin GRANTING [23-1] pro hac vice applications of Brian Cohen and Fred Isquith (cc) (aaq) (Entered: 10/04/2000) 10/03/ ORDER by Judge Beverly B. Martin, disqualifying the firm of Chitwood & Harley from representing either the Deljou Family group or the group including Richard Allegood, Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. (cc) (fmm) (Entered: 10/03/2000) 10/17/ Notice of filing supplemental authority by defendants. (aaq) (Entered: 10/18/2000) 10/18/ Attorney appearance for movant Chitwood & Harley by Michael J. Bowers and Thomas Joshua Archer (aaq) (Entered: 10/19/2000) 10/18/ MOTION by movant Chitwood & Harley for oral argument (aaq) (Entered: 10/19/2000) 10/18/ MOTION by movant Chitwood & Harley for reconsideration of [24-1] order disqualifying the firm of Chitwood & Harley from representing either the Deljou Family group or the group including Richard Allegood, Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr., and for clarification with memorandum in support (aaq) (Entered: 10/19/2000) 10/19/ Corrected page one of memorandum in support of [28-1] motion for reconsideration of [24-1] order and [28-2] motion for clarification filed by movant, Chitwood & Harley (aaq) (Entered: 10/20/2000) 10/26/ ORDER by Judge Beverly B. Martin DENYING [28-1] motion for reconsideration of [24-1] order disqualifying the firm of Chitwood & Harley from representing either the Deljou Family group or the group including Richard Allegood, Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. by Chitwood & Harley, DENYING [28-2] motion for clarification by Chitwood & Harley, DENYING [27-1] motion for oral argument by Chitwood & Harley (cc) (ck) (Entered: 11/01/2000) 11/03/ ORDER by Judge Beverly B. Martin GRANTING IN PART AND DENYING IN PART [4-2] motion to appoint class members Richard Allegood, The Snodgrass Foundation, Raveesh Kumra and James E. Rice, Jr. as lead plaintiffs, DENYING

22 [4-3] motion to approve the proposed selection of lead counsel by James E. Rice Jr., Raveesh Kumra, The Snodgrass Foun, Richard Allegood until Richard Allegood selects lead counsel and counsel is approved by this court, GRANTING [13-1] motion to file excess pages limitation to reply memorandum to motion to appoint lead plaintiff and lead counsel, DENYING [5-1] motion for appointment as lead plaintiff by Deljou and DENYING [5-2] motion for approval of its selection of lead counsel by Deljou (cc) (aaq) (Entered: 11/09/2000) 11/17/ MOTION by movant Richard Allegood for approval of Merrill G. Davidoff and Arthur Stock (Berger & Montague, P.C.) as lead counsel and Everette L. Doffermyre and Leslie J. Bryan (Doffermyre Shields Canfield Knowles & Devine LLP) as liaison counsel pursuant to the court order of 11/03/00. (to BBM) (aaq) Modified on 11/20/2000 (Entered: 11/20/2000) 11/27/ Objections by defendants to [32-1] motion for approval of Merrill G. Davidoff and Arthur Stock (Berger & Montague, P.C.) as lead counsel and Everette L. Doffermyre and Leslie J. Bryan (Doffermyre Shields Canfield Knowles & Devine LLP) as liaison counsel pursuant to the court order of 11/03/00. (Titled: Dft's objections to plaintiff Richard Allegood's Proposed Notice to the Class) (aaq) (Entered: 11/28/2000) 11/28/2000 SUBMITTED to Judge Beverly B. Martin on [32-1] motion (aaq) (Entered: 11/28/2000) 12/01/ ORDER by Judge Beverly B. Martin APPROVING [32-1] motion: Temporary Lead Richard Allegood's selection of Berger & Montague, P.C. as lead counsel and Doffermyre Shields Canfield Knowles & Devine LLP as liaison counsel. Lead Counsel is ORDERED to distribute a notice entitled "Corrective Notice" to all potential class members only on behalf of Temporary Lead Richard Allegood through PRNewswire or other national distribution, and in the form submitted to this court by the Defendants as Exhibit C to the Defendants' Objections to Richard Allegood's Proposed Notice ot the Class. Sixty (60) days from the date on which the Corrective Notice is distributed, Richard Allegood may submit a renewed Moton for Appointment as Lead, and any other eligible class member may submit a motion for appointment as lead plaintiff. (cc) (aaq) (Entered: 12/06/2000) 12/01/2000 Added attorney Everette L. Doffermyre Jr. as liason counsel pursuant to the court's order of 12/1/00. (pdw) (Entered: 12/13/2000) 12/13/ Notice of filing proof of dissemination of the corrective notice through PRNewswire by movant Richard Allegood pursuant to court order. The 60-day period for filing lead plaintiff applications ends on 02/09/01. (aaq) (Entered: 12/14/2000) 12/21/ Application for admission of Charles J. Piven pro hac vice for plaintiff Bruce McCall. (to BBM) (aaq) (Entered: 12/27/2000) 12/28/2000 ENDORSED ORDER by Judge Beverly B. Martin APPROVING [36-1] pro hac vice application of Charles J. Piven on behalf of plaintiff. (cc) (aaq) (Entered: 12/29/2000) 02/09/ RENEWED MOTIONS by movant Richard Allegood for appointment as lead

23 plaintiff and for approval of Berger & Montague, P.C. as lead counsel and Doffermyre Shields Canfield Knowles & Devine LLP as liaison counsel (aaq) (Entered: 02/09/2001) 03/02/2001 SUBMITTED to Judge Beverly B. Martin on [37-1] motion for appointment as lead plaintiff and [37-2] motion for approval of Berger & Montague, P.C. as lead counsel and Doffermyre Shields Canfield Knowles & Devine LLP as liaison counsel (file in chambers) (aaq) (Entered: 03/02/2001) 03/05/ CONSENT SCHEDULING ORDER by Judge Beverly B. Martin. (See order for specifics.) (cc) (aaq) (Entered: 03/06/2001) 03/09/ ORDER by Judge Beverly B. Martin GRANTING [37-1] motion for appointment as lead plaintiff and GRANTING [37-2] motion for approval of Berger & Montague, P.C. as lead counsel and Doffermyre Shields Canfield Knowles & Devine LLP as liaison counsel. (cc) (aaq) (Entered: 03/12/2001) 03/15/2001 Terminated submissions. (aaq) (Entered: 03/15/2001) 04/24/ AMENDED CLASS ACTION COMPLAINT by plaintiffs; jury demand (jph) (Entered: 04/25/2001) 04/30/2001 Summons issued for defendant Michel Akkermans (jph) (Entered: 05/01/2001) 06/11/ CONSENT ORDER by Judge Beverly B. Martin, extending time to 06/14/01 for defendants to answer the [40-1] Amended Consolidated Complaint. Answer due 6/14/01 for defendants. (cc) (aaq) (Entered: 06/12/2001) 06/14/ MOTION by defendants S1 Corporation, James S. Mahan III and Robert Stockwell to exceed the page limitation of LR7.1(D) with memorandum in support. (aaq) (Entered: 06/14/2001) 06/14/ MOTION by defendants S1 Corporation, James S. Mahan III and Robert Stockwell to dismiss the Consolidated Complaint with memorandum of law in support and Appendix 1 thru 11. (aaq) (Entered: 06/14/2001) 07/05/2001 SUBMITTED to Judge Beverly B. Martin on [42-1] motion to exceed the page limitation of LR7.1(D) and [43-1] motion to dismiss the Consolidated Complaint (aaq) (Entered: 07/05/2001) 07/31/2001 Proposed CONSENT ORDER extending time for Defendant Akkermans to answer or otherwise respond to the consolidated complaint. (to BBM) (aaq) (Entered: 08/02/2001) 08/06/ MOTION by plaintiffs to exceed the page limitation in their Memorandum of Law in Opposition to Defendant's Motion to Disiss with memorandum in support. (aaq) (Entered: 08/07/2001) 08/06/ Memorandum of Law by plaintiffs in opposition to defendants' [43-1] motion to dismiss the Consolidated Complaint with a Compenduim of Unreported Cases in support. (aaq) (Entered: 08/07/2001) 08/08/ Notice of filing a Declaration by defendant Michel Akkermans. (aaq) (Entered: 08/09/2001)

24 08/08/ MOTION and memorandum by defendant Michel Akkermans to exceed the page limitation with proposed order. (aaq) (Entered: 08/09/2001) 08/08/ MOTION by defendant Michel Akkermans to dismiss the consolidated complaint with memorandum of law and exhibits in support. (aaq) (Entered: 08/09/2001) 08/14/ CONSENT ORDER by Judge Beverly B. Martin (nunc pro tunc), extending the time to 08/08/01 for Michel Akkermans to answer the [40-1] Consolidated Amended Complaint. Answer due 8/8/01 for Michel Akkermans and plaintiffs shall have up to 09/07/01 to respond to any motion to dismiss filed by defendant Akkermans. [48-1] motion to dismiss the consolidated complaint to be submitted on 9/10/01. (cc) (aaq) (Entered: 08/14/2001) 08/14/ Notice of filing the original Declaration of Michael Akkermans by defendant Michel Akkermans with Certification of Compliance. (aaq) (Entered: 08/15/2001) 08/16/ Notice of filing Entry of Service of Consolidated Amended Class Action Complaint upon defendant Michael Akkermans by movant Richard Allgood. (aaq) (Entered: 08/17/2001) 08/28/2001 SUBMITTED to Judge Beverly B. Martin on the [44-1] motion to exceed the page limitation in their Memorandum of Law in Opposition to Defendant's Motion to Disiss and [47-1] motion to exceed the page limitation (file in chambers) (aaq) (Entered: 08/28/2001) 09/05/ MOTION and memorandum in support by defendants S1 Corporation, Robert Stockwell and James S. Mahan III to exceed the pages limitation with filing their memorandum in support of their motion to dismiss. (aaq) (Entered: 09/06/2001) 09/05/ Reply memorandum in support of the [43-1] motion to dismiss the Consolidated Complaint by defendants S1 Corporation, Robert Stockwell and James S. Mahan III. (aaq) (Entered: 09/06/2001) 09/07/ MOTION and memorandum by plaintiff to exceed the page limitation in the filing of their response to the motion to dismiss. (aaq) (Entered: 09/10/2001) 09/07/ Memorandum of Law by plaintiffs in opposition to Michel Akkermans' [48-1] motion to dismiss the consolidated complaint with Exhibits. (aaq) (Entered: 09/10/2001) 09/10/2001 SUBMITTED to Judge Beverly B. Martin on the [48-1] motion to dismiss the consolidated complaint. (File in chambers) (aaq) (Entered: 09/10/2001) 09/25/2001 SUBMITTED to Judge Beverly B. Martin on the [52-1] motion to exceed the pages limitation with filing their memorandum in support of their motion to dismiss. (file in chambers) (aaq) (Entered: 09/25/2001) 09/26/ Notice of filing of original translation of service of process by defendant Michel Akkermans. (aaq) (Entered: 09/27/2001) 09/26/ MOTION and memorandum by defendant Michel Akkermans to exceed the page limitation in the filing of a reply memorandum with a proposed order. (aaq) (Entered: 09/27/2001) 09/26/ Reply memorandum in support of the [48-1] motion to dismiss the consolidated

25 complaint by defendant Michel Akkermans. (aaq) (Entered: 09/27/2001) 09/27/2001 SUBMITTED to Judge Beverly B. Martin on the [54-1] motion to exceed the page limitation in the filing of their response to the motion to dismiss. (file in chambers) (aaq) (Entered: 09/27/2001) 10/17/2001 SUBMITTED to Judge Beverly B. Martin on the [57-1] motion to exceed the page limitation in the filing of a reply memorandum (file in chambers) (aaq) (Entered: 10/17/2001) 10/19/ MOTION and memorandum of law by plaintiff for leave to file a Sur-Reply Memorandum of Law in opposition to defendant Akkermans' reply memorandum in support of his motion to dismiss the consolidated complaint with proposed order. (aaq) (Entered: 10/19/2001) 10/19/ Sur-Reply Memorandum of Law by plaintiff in opposition to Defendant Akkermans' [58-1] reply brief. (aaq) (Entered: 10/19/2001) 10/23/ ORDER by Judge Beverly B. Martin GRANTING the [44-1] motion to exceed the page limitation in plaintiffs' Memorandum of Law in Opposition to Defendant's Motion to Dismiss, GRANTING the [54-1] motion to exceed the page limitation in the filing of plaintiffs' response to the motion to dismiss, GRANTING the plaintiffs' [59-1] motion for leave to file a Sur-Reply Memorandum of Law in opposition to defendant Akkermans' reply memorandum in support of his motion to dismiss the consolidated complaint, GRANTING the defendants' [42-1] motion to exceed the page limitation, GRANTING the defendants' [52-1] motion to exceed the pages limitation with filing their memorandum in support of their motion to dismiss, GRANTING the defendants' [43-1] motion to dismiss the Consolidated Complaint, GRANTING defendant Akkermans' [47-1] motion to exceed page limitation, [57-1] motion to exceed the page limitation in the filing of a reply memorandum and [48-1] motion to dismiss the consolidated complaint. The plaintiffs are granted permission to file leave to amend their complaint within 20 days from the docketing of this order. (cc) (aaq) (Entered: 10/24/2001) 10/24/2001 Terminated submissions. (aaq) (Entered: 10/24/2001) 10/29/ Notice of filng change of address by plaintiff Tommy E. Warner Sr.'s attorney Kellie A. Allen. (aaq) (Entered: 10/30/2001) 11/21/ NOTICE OF APPEAL by movant Richard Allegood from [61-1] order. FILING FEE $ RECEIPT # Appeal information sheet due 12/5/01. (cc:usca) (jlm) (Entered: 11/26/2001) 11/26/2001 Notice of appeal, order and certified copy of docket to USCA RE: [63-1] appeal (jlm) (Entered: 11/26/2001) 11/29/ Acknowledgment by USCA RE: [63-1] appeal USCA dkt no I (jlm) (Entered: 11/30/2001) 12/12/ ORDER by Judge Beverly B. Martin, DISMISSING this action WITH PREJUDICE for plaintiffs' failure to file leave to amend their complaint within the time specified in the [61-1] order. (cc) (aaq) (Entered: 12/13/2001) 12/12/2001 Case terminated. (aaq) (Entered: 12/13/2001)

26 12/12/ JUDGMENT ENTERED dismissing this action with prejudice for plaintiffs' failure to amend their complaint within the time specified by this court. (aaq) (Entered: 12/14/2001) 01/23/ Certified copy of ORDER of USCA, DISMISSING this appeal WITH PREJUDICE pursuant to a joint motion to dismiss with prejudice, with the parties bearing their own costs USCA dkt no II. (aaq) (Entered: 01/25/2002) 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