U.S. District Court Southern District Of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv-04281

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1 US District Court Civil Docket as of 06/17/2002 Retrieved from the court on Wednesday, July 05, 2006 U.S. District Court Southern District Of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv Abrams, et al v. Baker Hughes Inc, et al Assigned to: Judge Vanessa D Gilmore Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff David Abrams On behalf of Himself and All Others Similarly Situated Date Filed: 12/09/1999 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Jeffrey C Block Berman DeValerio et al One Liberty Sq Boston, MA Jeffrey Haber Bernstein Liebhard et al 10 East 40th St New York, NY Fax: fax Mel E Lifshitz Bernstein Liebhard et al 10 E 40th Street 22nd Floor New York, NY Peter A Pease Berman DeValerio & Pease One Liberty Square Boston, MA Fax: fax

2 Roger B Greenberg Schwartz Junell et al 909 Fannin Ste 2700 Houston, TX Fax: fax rgreenberg@schwartz-junell.com Stephen J Fearon, Jr Abbey Gardy et al 212 E 39th St New York, NY Vincent R Cappucci Entwistle & Cappucci 299 Park Ave New York, NY William S Lerach Lerach Coughlin et al 655 West Broadway Ste 1900 San Diego, CA TERMINATED: 05/25/2000 Plaintiff Thales Fund Management represented by Daniel James Petroski, Jr Vahldiek Cano et al 1600 Smith St Ste 4050 Houston, TX Fax: fax

3 Jeffrey C Block Stanley Bernstein Bernstein Liebhard 10 E 40th St New York, NY Stephen J Fearon, Jr Vincent R Cappucci Plaintiff Kane & Co represented by Daniel James Petroski, Jr Jeffrey C Block Stanley Bernstein Vincent R Cappucci

4 Plaintiff YMCA Retirement Fund represented by Daniel James Petroski, Jr Jeffrey C Block Stanley Bernstein Stephen J Fearon, Jr Vincent R Cappucci Plaintiff Howard University represented by Daniel James Petroski, Jr Jeffrey C Block Stanley Bernstein Stephen J Fearon, Jr Vincent R Cappucci

5 Plaintiff Federated National Insurance Company represented by Daniel James Petroski, Jr Jeffrey C Block Stanley Bernstein Stephen J Fearon, Jr Vincent R Cappucci Plaintiff Headwaters Capital LLC represented by Daniel James Petroski, Jr Jeffrey C Block Stanley Bernstein Stephen J Fearon, Jr

6 Vincent R Cappucci Plaintiff Frank D Timmons represented by Daniel James Petroski, Jr Jeffrey C Block Stanley Bernstein Stephen J Fearon, Jr Vincent R Cappucci V. Ruth Karlin on behalf of herself and all others Peter Kaltman on behalf of himself and all other similarly situated

7 Arthur Silberman represented by Mel E Lifshitz Robert J Berg Bernstein Liebhard et al 10 E 40th St 22nd Fl New York, NY Thomas E Bilek Hoeffner and Bilek LLP 1000 Louisiana Suite 1302 Houston, TX Fax: tbilek@hb-legal.com Mark W. Collmer represented by John G Emerson Emerson Poynter LLP 500 President Clinton Ave Ste 305 Little Rock, AR Fax: fax john@emersonpoynter.com Steven E Cauley Emerson Poynter LLP PO Box Little Rock, AR Fax: fax

8 Amy D Rosen on behalf of herself and all others represented by Thomas E Bilek Susan V Goldberg on behalf of herself and all others represented by Timothy Joseph Crowley Crowley & Douglas 1301 McKinney Ste 3500 Houston, TX Fax: fax Ann Mark on behalf of herself and all others Market Street Securities on behalf of itself and all others similarly situated represented by Paul E Ridley Kirkpatrick Lockhart Nicholson Graham LLP 2828 N Harwood Ste 1800 Dallas, TX Fax: pridley@klng.com Carol Zeits on behalf of herself and all others represented by Paul I Aronowitz Attorney at Law 6363 Woodway Ste 910 Houston, TX Fax:

9 William C White represented by Paul I Aronowitz Liberio Romano Bobbi Shams on behalf of herself and all others Thomas M Freeman Martin Hogrefe Steven J Toll Cohen Milstein et al 1100 New York Ave NW Ste 500 W Twr Washington, DC Charles Lemke

10 Mark Molbert Sherry B Molbert on behalf of herself and all others John August Wellet Jim Ford represented by Thomas M Melsheimer Fish and Richardson 1717 Main St Ste 5000 Dallas, TX Fax: fax melsheimer@fr.com Barbara Cohen on behalf of herself and all others represented by Thomas E Bilek Ravindranath Nair

11 Tom Bernhard Patrick J McCormick Stephen Hollis represented by Timothy Joseph Crowley Charles S Keane represented by Timothy Joseph Crowley Carl E Deater represented by David R Scott Scott & Scott 108 Norwich Ave P O Box 192 Colchester, CT Fax: Marc R Stanley Stanley Mandel et al 3100 Monticello Ave Ste 750 Dallas, TX Fax: fax

12 Herbert Nathan represented by David R Scott Marc R Stanley Florence M Burden represented by David R Scott Marc R Stanley Susan H Menees represented by David R Scott Marc R Stanley Individually Claude G Wiseman Individually and Derivatively on behalf of Nominal Deft Baker Hughes Inc represented by David R Scott Marc R Stanley

13 V. Defendant Baker Hughes Inc Baker Botts LLP 910 Louisiana Ste 3000 Housston, TX Fax: fax Defendant Max L Lukens Defendant George Stephen Finley Defendant Andrew Szescila V. E L Mattson Lester M Alberthal, Jr

14 Joseph T Casey Joe B Foster Richard D Kinder Victor G Beghini Alton J Brann Eunice M Filter John F Maher

15 James F McCall H John Riley, Jr John R Russell Charles L Watson Max P Watson, Jr Claire W Gargalli Date Filed # Docket Text 12/09/ COMPLAINT by David Abrams filed; FILING FEE $ 150 RECEIPT #

16 (tcampbell) (Entered: 12/10/1999) 12/09/ Order setting Initial Pretrial and Scheduling Conference on 1:30 5/5/00 before Judge Vanessa D. Gilmore and Order to Disclose Interested Persons, filed. ( Signed by Judge Vanessa D. Gilmore ) Party filing case notified. (tcampbell) (Entered: 12/10/1999) 12/13/1999 SUMMONS issued for Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila (fmremp) (Entered: 12/13/1999) 12/16/ MEMORANDUM AND ORDER regarding discovery motions, motions for summary judgment and analogous motions to dismiss, entered. Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 12/20/1999) 12/17/ CERTIFICATE OF INTERESTED PARTIES by David Abrams, filed. (khightower) (Entered: 12/17/1999) 01/05/ NOTICE of attorney appearance for Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila by David D Sterling, filed (psmith) (Entered: 01/05/2000) 01/18/ RULE 11 AGREEMENT regarding extension of Defts to respond to complaint, filed (fmremp) (Entered: 01/19/2000) 02/03/ MOTION to consolidate actions, designate caption for consolidated actions, and for entry of scheduling order by David Abrams, Baker Hughes Inc et al, Motion Docket Date 2/23/00 [7-1] motion, 2/23/00 [7-2] motion, filed. (ltien) (Entered: 02/03/2000) 02/07/ RETURN OF SERVICE executed as to Baker Hughes Inc 1/3/00 filed Answer due on 1/23/00 for Baker Hughes Inc (fmremp) (Entered: 02/07/2000) 02/07/ RETURN OF SERVICE executed as to Andrew Szescila 1/3/00 filed Answer due on 1/23/00 for Andrew Szescila (fmremp) (Entered: 02/07/2000) 02/07/ RETURN OF SERVICE executed as to George Stephen Finley 1/3/00 filed Answer due on 1/23/00 for George Stephen Finley (fmremp) (Entered: 02/07/2000) 02/07/ RETURN OF SERVICE executed as to Max L Lukens 1/3/00 filed Answer due on 1/23/00 for Max L Lukens (fmremp) (Entered: 02/07/2000) 02/07/ MOTION for appointment of lead Pltfs, and for approval Lead Counsel by the Baker Hughes Plaintiffs Group, Motion Docket Date 2/27/00 [12-1] motion, 2/27/00 [12-2] motion, filed. (fmremp) Modified on 02/14/2000 (Entered: 02/08/2000) 02/07/ AFFIDAVIT of David E. Sharp, filed (fmremp) (Entered: 02/08/2000) 02/07/ AFFIDAVIT of Stephen J. Fearson, Jr. in support of the Baker Hughes Pltfs' [12-1] motion for appointment of lead Pltfs, [12-2] motion for approval Lead Counsel, filed (in expandable folder) (fmremp) Modified on 02/08/2000 (Entered: 02/08/2000) 02/07/ MOTION to appoint lead Pltf and lead and liaison counsel by Thales Fund, Motion Docket Date 2/27/00 [15-1] motion, filed. (fmremp) (Entered: 02/08/2000)

17 02/07/ MEMORANDUM OF LAW by Thales Fund in support of [15-1] motion to appoint lead Pltf and lead and liaison counsel, filed (fmremp) (Entered: 02/08/2000) 02/07/ AFFIDAVIT of Jeffrey C. Block in support of [15-1] motion to appoint lead Pltf and lead and liaison counsel, filed (fmremp) (Entered: 02/08/2000) 02/08/ ORDER granting [7-1] motion to consolidate actions, designate caption for consolidated actions; The Actions H , H , H , H , H , H , H , H , H , H , H , H , H , H , H-00-45, H-00-58, H , , H , H , H , H are consolidated in this action under C.A. No. H The [7-2] motion for entry of scheduling order is granted. The Court will enter a scheduling order at the conference scheduled for 5/19/00, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) Modified on 02/09/2000 (Entered: 02/08/2000) 02/08/2000 Consolidated Lead Case (fmremp) (Entered: 02/08/2000) 02/15/ NOTICE of Hearing: reset scheduling conference for 1:30 5/5/00 before Judge Vanessa D. Gilmore. The Joint Discovery Case Management Plan to be filed 10 days before the conference, filed. (fmremp) (Entered: 02/15/2000) 02/16/ MOTION to consolidate cases H , H and H by Thales Fund Managemt, Motion Docket Date 3/7/00 [20-1] motion, filed. (fmremp) (Entered: 02/16/2000) 02/21/ ORDER granting [20-1] motion to consolidate cases H , H and H Case H and H are consolidated into H , entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) Modified on 02/22/2000 (Entered: 02/22/2000) 02/23/ CERTIFICATE OF INTERESTED PARTIES by Baker Hughes Inc, et al, filed. (fmremp) (Entered: 02/24/2000) 02/25/ JOINT MENDED MOTION for appointment of Lead Pltfs, and for approval of their selection of Counsel by David Abrams, et al, filed (fmremp) (Entered: 02/25/2000) 02/25/ JOINT MOTION to defer answer or response date by Defts by Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila, Thales Fund Managemt, E L Mattson, filed (fmremp) (Entered: 02/28/2000) 02/29/ BRIEF in opposition to [23-1] joint motion for appointment of Lead Pltfs by Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila, E L Mattson, filed. (fmremp) (Entered: 02/29/2000) 02/29/ ORDER granting [24-1] joint motion to defer answer or response date by Defts; defts will have 20 days to file an answer after the consolidated amended complaint is filed; terminated previous answer deadlines, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (ltien) (Entered: 02/29/2000) 03/06/ ORDER granting [23-1] joint motion for appointment of Lead Pltfs granting [23-2] joint motion for approval of their selection of Counsel. Thales Fund Management, Kane & Co., YMCA Retirement Fund, Howard University, Federal National

18 Insurance Company, Headwaters Capital L.L.C. and Frank D. Timmons are appointed as lead Pltfs for the Class. Bernstein Liebhard & Lifshitz, LLP, Berman DeValerio & Pease, LLP, Abbey, Gardy and Squitieri, LLP and Entwistle & Cappucci, LLP are appointed to serve jointly as lead Pltfs' counsel, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 03/07/2000) 03/07/ ORDER that Pltf's [15-1] motion to appoint lead Pltf and lead and liaison counsel, [12-1] motion for appointment of lead Pltfs and [12-2] motion for approval Lead Counsel are DENIED as moot, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 03/08/2000) 04/14/ ORDER Case is consolidated with 00cv677, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (hlerma) (Entered: 04/17/2000) 04/14/2000 Consolidated Lead Case with member case 00cv677. (hlerma) (Entered: 04/17/2000) 04/26/ JOINT DISCOVERY/Case Management Plan by David Abrams, Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila, Thales Fund Managemt, filed. (fmremp) (Entered: 04/26/2000) 05/03/ MOTION AND ORDER admitting Stephen J. Fearon, Jr pro hac vice for David Abrams, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 05/04/2000) 05/03/ MOTION AND ORDER admitting Jeffrey Haber pro hac vice for David Abrams, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 05/04/2000) 05/03/ MOTION and ORDER admitting Peter A. Pease pro hac vice for David Abrams, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 05/04/2000) 05/03/ MOTION AND ORDER admitting Mel V. Lifshitz pro hac vice for Dvid Abrams, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) Modified on 05/05/2000 (Entered: 05/04/2000) 05/03/ MOTION AND ORDER admitting Vincent R. Cappucci pro hac vice for David Abrams, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 05/04/2000) 05/03/ MOTION AND ORDER admitting Jeffrey C. Block pro hac vice for David Abram, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 05/04/2000) 05/05/ Minute entry: Rule 16 Scheduling Conference held. Terminated deadlines. Appearances: D Petroski f/pltf; Mr Graham and Mr. Lewis f/deft; Ct Reporter: Kathy Metzger (fmremp) (Entered: 05/09/2000) 05/15/ SCHEDULING ORDER setting Amending of pleadings 6/20/00 ; Joining of parties 6/20/00 ; Deadline for filing all Motion to Dismiss 8/1/00 ; Deadline to file Responses to Motion to Dismiss set for 9/1/00 ; Deadline to file Reply set for 9/15/00, entered. Parties notified. ( Signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 05/16/2000)

19 05/18/ MOTION to dismiss by Baker Hughes Inc, et al Motion Docket Date 6/7/00 [39-1] motion, filed. (fmremp) (Entered: 05/19/2000) 05/18/ MEMORANDUM by Baker Hughes Inc, et al in support of Defts' [39-1] motion to dismiss, filed (fmremp) (Entered: 05/19/2000) 05/25/ NOTICE of Withdrawal as Counsel of record for Pltfs' by Tavis E. Downs, III of Milberg, Weiss, Bershad Hybnes & Lerach LLP, atty for David Abrams, filed (fmremp) (Entered: 05/25/2000) 05/30/ UNOPPOSED MOTION to extend time to respond to Deft's Motion to Dismiss by Carl E Deater, Motion Docket Date 6/19/00 [42-1] motion, filed. (fmremp) (Entered: 05/30/2000) 06/02/ ORDER granting Deater's [42-1] motion to extend time to respond to Deft's Motion to Dismiss. Response to motion reset to 6/22/00 for [39-1] motion to dismiss, and Motion Docket Date 6/22/00 [39-1] motion to dismiss, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (hlerma) (Entered: 06/02/2000) 06/02/ Notice of change of firm name and address by Steven E. Cauley, atty for Mark W. Collmer, filed. (fmremp) (Entered: 06/05/2000) 06/22/ RESPONSE by Carl E Deater, Herbert Nathan, Florence M Burden, Susan H Menees, Claude G Wiseman to Deft's [39-1] motion to dismiss, filed. (fmremp) (Entered: 06/22/2000) 06/22/ APPENDIX of Cases Cited by Carl E Deater, Herbert Nathan, Florence M Burden, Susan H Menees, Claude G Wiseman their [45-1] response to Defts' Motion to Dismiss, filed. (in expandable folder) (fmremp) Modified on 06/22/2000 (Entered: 06/22/2000) 06/23/ NOTICE of Withdrawal of Pltf Thales Fund Management and Its Counsel as lead Pltf by Thales Fund Managemt, filed (fmremp) (Entered: 06/26/2000) 06/23/ CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by YMCA Retirement Fund, Howard University, Fed National Insuran, Headwaters Capital, Frank D Timmons,(Answer due 7/3/00 for Claire W Gargalli, for Max P Watson Jr, for Charles L Watson, for John R Russell, for H John Riley Jr, for James F McCall, for John F Maher, for Eunice M Filter, for Alton J Brann, for Victor G Beghini, for Richard D Kinder, for Joe B Foster, for Joseph T Casey, for Lester M Alberthal Jr, for E L Mattson, for Andrew Szescila, for George Stephen Finley, for Max L Lukens, for Baker Hughes Inc ) amending [1-1] complaint, filed. (fmremp) (Entered: 06/26/2000) 07/28/ JOINT MOTION to modify Schedule by Howard University, YMCA Retirement Fund, Charles L Watson, Max P Watson Jr, Claire W Gargalli, John R Russell, filed (fmremp) (Entered: 07/31/2000) 08/01/ MOTION to consider Briefing in excess of Court's page limitations by Baker Hughes Inc, Max L Lukens, Motion Docket Date 8/21/00 [50-1] motion, filed. (fmremp) (Entered: 08/01/2000) 08/01/ ORDER granting [49-1] joint motion to modify Schedule Deft's Motion to Dismiss reset for 8/4/00, Pltf's Response to the Motion to Dismiss reset to 9/6/00, reset

20 Defts' reply brief due 9/19/00, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 08/03/2000) 08/03/ ORDER entered GRANTING Defts [50-1] motion to consider Briefing in excess of Court's page limitations, Parties notified. ( signed by Judge Vanessa D. Gilmore ) (psmith) (Entered: 08/04/2000) 08/04/ MOTION to dismiss by Baker Hughes Inc, Max L Lukens, George Stephen Finley, Motion Docket Date 8/24/00 [53-1] motion, filed. (in brown expandable folder) (ltien) (Entered: 08/07/2000) 08/04/ APPENDIX by Baker Hughes Inc, Max L Lukens, George Stephen Finley to their [53-1] motion to dismiss, filed. (ltien) (Entered: 08/07/2000) 08/07/ UNOPPOSED MOTION to substitute attorney David R. Scott as attorney-incharge in place of Marc R. Stanley by Carl E Deater, Herbert Nathan, Florence M Burden, Susan H Menees, Claude G Wiseman, Motion Docket Date 8/27/00 [55-1] motion, filed. (fmremp) (Entered: 08/08/2000) 08/30/ REPLY by Baker Hughes Inc, Max L Lukens, George Stephen Finley, in support of their [53-1] motion to dismiss, filed. (psmith) (Entered: 08/30/2000) 09/06/ UNOPPOSED MOTION to consider briefing in excess of court's page limitations by Thales Fund Managemt, YMCA Retirement Fund, Kane & Co, Howard University, Fed National Insuran, Headwaters Capital, Frank D Timmons, Motion Docket Date 9/26/00 [57-1] motion, filed. (fmremp) (Entered: 09/07/2000) 09/06/ MEMORANDUM OF LAW by Thales Fund Managemt, Kane & Co, YMCA Retirement Fund, Howard University, Fed National Insuran, Headwaters Capital, Frank D Timmons in opposition to Defts' [53-1] motion to dismiss, filed (in expandable folder) (fmremp) Modified on 09/07/2000 (Entered: 09/07/2000) 09/18/ AGREED MOTION to modify schedule by Baker Hughes Inc, Max L Lukens, filed. (hlerma) (Entered: 09/19/2000) 09/19/ Certificate of conference by pltfs Thales Fund Managemt et al re pltfs' motion to consider briefing in excess of court's page limitations, filed. (ddarneille) (Entered: 09/20/2000) 09/20/ ORDER granting [55-1] motion to substitute attorney David R. Scott as attorneyin-charge in place of Marc R. Stanley. Marc R. Stanley and Roger L. Mandel of Stanley, Mandel & Iolas, LLP, shall be local cousel of the Pltf, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 09/21/2000) 09/20/ ORDER granting [59-1] agreed motion to modify schedule. Defts' Reply in Support of Their Motion to Dismiss shall be due on 9/25/00, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) Modified on 10/04/2000 (Entered: 09/21/2000) 09/21/2000 Per order #62, deadline updated; Reply to Response to Motion set to 9/25/00 for [39-1] motion to dismiss (fmremp) (Entered: 10/04/2000) 09/25/ UNOPPOSED MOTION for leave to file Briefing in Excess of Court's Page Limits by Baker Hughes Inc, Max L Lukens, Motion Docket Date 10/15/00 [63-1] motion

21 , filed. (fmremp) (Entered: 09/26/2000) 09/25/ REPLY by Baker Hughes Inc, Max L Lukens in support of their [53-1] motion to dismiss, filed. (fmremp) (Entered: 09/26/2000) 09/27/ SUPPLEMENT/Authorities cited in defts' [64-1] reply in support of their [53-1] motion to dismiss by Baker Hughes Inc, filed. (ddarneille) (Entered: 09/27/2000) 10/02/ ORDER granting Deft's [63-1] motion for leave to file Briefing in Excess of Court's Page Limits, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 10/03/2000) 10/05/ NOTICE of Change of Firm Name to Greenberg Peden, P.C. by David Abrams, filed (fmremp) (Entered: 10/05/2000) 10/11/ ORDER granting Pltfs' [57-1] motion to consider briefing in excess of court's page limitations, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (fmremp) (Entered: 10/12/2000) 10/17/ REQUEST by Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila for Oral Argument on Motions to Dismiss, filed. (fmremp) (Entered: 10/17/2000) 10/18/ SUR-REPLY BRIEF in opposition to Defts' [53-1] motion to dismiss by Carl E Deater, Herbert Nathan, Florence M Burden, Susan H Menees, filed. (fmremp) (Entered: 10/18/2000) 10/20/ AMENDED MOTION for oral argument on [53-1] motion to dismiss, [39-1] motion to dismiss by Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila, Motion Docket Date 11/9/00 [71-1] motion, filed. (fmremp) (Entered: 10/23/2000) 10/23/ RESPONSE by Claude G Wiseman, Susan H Menees, Florence M Burden, Herbert Nathan, Carl E Deater to Defts' unopposed [71-1] motion for oral argument on [53-1] motion to dismiss, [39-1] motion to dismiss, filed. (fmremp) (Entered: 10/23/2000) 10/27/ RESPONSE by David Abrams, Thales Fund Managemt to Defts' unopposed [71-1] motion for oral argument on [53-1] motion to dismiss, [39-1] motion to dismiss, filed. (fmremp) (Entered: 10/27/2000) 11/17/ SUPPLEMENTAL CASE LAW for the Court's Review by David Abrams, Thales Fund Managemt, filed. (fmremp) (Entered: 11/20/2000) 01/17/ REPLY by Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila to Pltf's sur-reply brief in oppostion to Defts' [53-1] motion to dismiss, filed (mlerma) (Entered: 01/19/2001) 03/29/ ORDER granting [39-1] motion to dismiss, as to the Pltfs derivative claims for failure to make demand, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (mlerma) Modified on 03/29/2001 (Entered: 03/29/2001) 03/30/ ORDER granting [53-1] motion to dismiss, the Court finds that the Pltfs' section 10(b) and Rule 10b-5 claims are Dismissed; and Pltf's section 20(a) claims is Dimsissed, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore )

22 (mlerma) (Entered: 03/30/2001) 03/30/2001 Case closed (mlerma) (Entered: 03/30/2001) 04/03/ ORDER denying as moot [71-1] motion for oral argument on [53-1] motion to dismiss, [39-1] motion to dismiss, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (mlerma) (Entered: 04/03/2001) 04/04/ Notice of Firm Name Change by Karin E. Fisch counsel for David Abrams, Thales Fund Managemt, filed. (mlerma) (Entered: 04/09/2001) 04/12/ MOTION for clarification of [77-1] order dated 3/30/01, or in the alternative, for reconsideration of [77-1] order for leave to amend complaint by pltfs David Abrams et al, Motion Docket Date 5/2/01 [80-1] motion, 5/2/01 [80-2] motion, filed. (ltien) (Entered: 04/12/2001) 04/12/ MEMORANDUM by pltfs David Abrams et al in support of pltfs' [80-1] motion for clarification of [77-1] order dated 3/30/01, or in the alternative [80-2] motion for reconsideration of [77-1] order for leave to amend complaint, filed (ltien) (Entered: 04/12/2001) 04/12/ Certificate of Conference by pltfs David Abrams et al to their [80-1] motion for clarification of [77-1] order dated 3/30/01 or in the alternative, [80-2] motion for reconsideration of [77-1] order for leave to amend complaint, filed. (ltien) (Entered: 04/12/2001) 04/25/ NOTICE OF APPEAL of [77-1] order by YMCA Retirement Fund, Howard University, Fed National Insuran, Headwaters Capital, Frank D Timmons, filed. Fee Status: not paid (jdavenport) (Entered: 04/27/2001) 04/27/2001 Notice of appeal and Copy of docket transmitted to USCA: [83-1] appeal (jdavenport) (Entered: 04/27/2001) 05/02/ RESPONSE by Baker Hughes Inc, Max L Lukens, George Stephen Finley, Andrew Szescila, Joseph T Casey, Joe B Foster, Alton J Brann to [80-1] motion for clarification of [77-1] order dated 3/30/01, [80-2] motion for reconsideration of [77-1] order for leave to amend complaint, filed. (mlerma) (Entered: 05/03/2001) 05/04/ Notice of change of address by Mark W. Collmer, filed. (mlerma) Modified on 05/08/2001 (Entered: 05/04/2001) 05/04/ Transcript request for [83-1] appeal filed 04/25/01; Transcript is unnecessary for appeal purposes, filed. (mlerma) (Entered: 05/07/2001) 05/22/2001 Certified and transmitted record on appeal consisting of 8 volumes of and 23 volumes of consolidated cases to U.S. Court of Appeals: [83-1] appeal. Parties ntfd. (jdavenport) (Entered: 05/22/2001) 05/25/2001 NOTICE of Docketing NOA from USCA Re: [83-1] appeal USCA NUMBER: (mmapps) (Entered: 05/29/2001) 07/13/ ORDER denying [80-1] motion for clarification of [77-1] order dated 3/30/01 and denying [80-2] motion for reconsideration of [77-1] order for leave to amend complaint, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (psmith) (Entered: 07/17/2001)

23 08/08/ NOTICE OF APPEAL of [87-1] order, [76-1] order by Carl E Deater, Herbert Nathan, Florence M Burden, Susan H Menees, Claude G Wiseman, filed. Fee Status: not paid (jdavenport) (Entered: 08/13/2001) 08/13/2001 Notice of appeal and Copy of docket transmitted to USCA: [88-1] appeal (jdavenport) (Entered: 08/13/2001) 08/23/ UNOPPOSED MOTION to dismiss appeal, by Carl E Deater, Herbert Nathan, Florence M Burden, Susan H Menees, Claude G Wiseman, Motion Docket Date 9/12/01 [89-1] motion, filed. (psmith) (Entered: 08/24/2001) 08/28/ ORDER granting [89-1] motion to dismiss appeal, entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (mlerma) (Entered: 08/29/2001) 09/20/ ORDER OF USCA (certified copy) GRANTING motion to dismiss notice of appeal filed on August 8, 2001 Re: [88-1] appeal, filed. [cca ] (mmapps) (Entered: 09/20/2001) 11/19/ Notice of change of address by Roger B. Greenberg, atty f/ David Abrams, filed. (fmremp) (Entered: 11/23/2001) 06/14/ JUDGMENT OF USCA (certified copy) 05/21/02 issued as mandate on 06/12/02 affirming the Judgment of the District Court Re: [88-1] appeal, [83-1] appeal...further ORDERED that plaintiffs-appellants pay to defendantsappellees the costs on appeal to be taxed by the Clerk of this Court, filed. CCA No (mmapps) (Entered: 06/14/2002) 06/14/ Copy of USCA OPINION, filed. CCA No (mmapps) (Entered: 06/14/2002) 06/14/2002 Record on appeal returned from U.S. Court of Appeals:Rec'd 8 vol of record, 21 vol of consolidated record, 2 volume missing, files reass'd fwd to fileroom. (mmapps) (Entered: 06/14/2002) 06/17/2002 Rec'd from USCA the missing 2 vol of record, files reass'd fwd to fileroom. (mmapps) (Entered: 06/17/2002) 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

U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv-02182

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