U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:07-cv PKC

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1 US District Court Civil Docket as of September 24, 2010 Retrieved from the court on September 24, 2010 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:07-cv PKC Judelson et al v. Tarragon Corporation et al Assigned to: Judge P. Kevin Castel Related Cases: 1:07-cv PKC 1:07-cv PKC Cause: 15:78m(a) Securities Exchange Act Lead Plaintiff Paul Berger Individually and on behalf of all others similarly situated Date Filed: 09/11/2007 Date Terminated: 09/24/2010 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Jeffrey Simon Abraham Abraham Fruchter & Twersky LLP One Penn Plaza Suite 2805 New York, NY Fax: Lawrence Donald Levit Abraham Fruchter & Twersky LLP One Penn Plaza Suite 2805 New York, NY (212) Fax: (212) Plaintiff Vivian Judelson as as a trustee of the Vivian Judelson Revocable Trust Dated 10/09/95 TERMINATED: 01/18/2008 represented by Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP (LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) srudman@csgrr.com

2 TERMINATED: 12/18/2007 Mario Alba, Jr Robbins Geller Rudman & Dowd LLP (LI) 58 South Service Road Suite 200 Melville, NY Fax: Plaintiff Leonard Judelson as a trustee of the Vivian Judelson Revocable Trust Dated 10/09/95 TERMINATED: 01/18/2008 represented by Samuel Howard Rudman TERMINATED: 12/18/2007 Mario Alba, Jr Plaintiff Vivian S. Judelson Contributory IRA individually and on behalf of all others similarly situated TERMINATED: 01/18/2008 represented by Samuel Howard Rudman TERMINATED: 12/18/2007 Mario Alba, Jr V. Consolidated Plaintiff Henry Nelson TERMINATED: 01/18/2008 represented by Evan J. Smith Brodsky & Smith, L.L.C. 240 Mineola Blvd. Mineola, NY (516) Fax: (516) esmith@brodsky-smith.com

3 Richard A. Maniskas Schiffrin, Barroway, Topaz & Kessler, L.L.P. 280 King of Prussia Road Radnor, PA (610) Fax: (610) V. Movant Tarragon Investor Group Movant Reginald Barnett Movant Pascual Rodriguez represented by Evan J. Smith Brodsky & Smith, L.L.C. 240 Mineola Blvd. Mineola, NY represented by Mario Alba, Jr represented by Kim Elaine Miller Kahn Swick & Foti, LLC 206 Covington Street Madisonville, LA (212) Fax: (504) V. Defendant Tarragon Corporation represented by Daniel Robbins Marcus U.S. Securities and Exchange Commission( 3 World Financial) Three World Financial Center New York, NY (212) Fax: (212) marcusd@deshaw.com

4 Eliot Lauer Curtis, Mallet-Prevost, Colt & Mosle, LLP(NYC) 101 Park Avenue New York, NY (212) Fax: (212) Theresa Ann Foudy Curtis, Mallet-Prevost, Colt and Mosle LLP 101 Park Avenue South 35th Floor New York, NY (212) Fax: (212) Defendant William S. Friedman TERMINATED: 03/27/2009 represented by Daniel Robbins Marcus Eliot Lauer Theresa Ann Foudy Defendant Robert P. Rothenberg TERMINATED: 03/27/2009 represented by Daniel Robbins Marcus Eliot Lauer Theresa Ann Foudy

5 Defendant Erin D. Pickens TERMINATED: 03/27/2009 represented by Daniel Robbins Marcus Eliot Lauer Theresa Ann Foudy Defendant Beachwold Partners, L.P. TERMINATED: 03/27/2009 represented by Daniel Robbins Marcus Eliot Lauer Theresa Ann Foudy Defendant Grant Thornton LLP TERMINATED: 03/27/2009 represented by Jennifer Laurie Malin Winston & Strawn LLP (NY) 200 Park Avenue New York, NY (212) Fax: (212) Luke A. Connelly Winston & Strawn LLP (NY) 200 Park Avenue New York, NY (212) Fax: (212) Date Filed # Docket Text 09/11/ COMPLAINT against Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens. (Filing Fee $ , Receipt Number )Document filed by Vivian Judelson, Leonard Judelson, Vivian S. Judelson

6 Contributory IRA.(jeh) Additional attachment(s) added on 9/14/2007 (Becerra, Maribel). (Entered: 09/13/2007) 09/11/2007 SUMMONS ISSUED as to Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens. (jeh) (Entered: 09/13/2007) 09/11/2007 Case Designated ECF. (jeh) (Entered: 09/13/2007) 09/11/2007 Magistrate Judge Theodore H. Katz is so designated. (jeh) (Entered: 09/13/2007) 10/05/ AFFIDAVIT OF SERVICE. Tarragon Corporation served on 9/19/2007, answer due 10/9/2007. Service was accepted by Nancy Miller, Vice President. Document filed by Vivian Judelson; Leonard Judelson. (Rosenfeld, David) (Entered: 10/05/2007) 10/09/ ORDER SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an Initial Conference set for 11/16/2007 at 10:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/9/07) (dle) Modified on 10/9/2007 (Lewis, Diahann). (Entered: 10/09/2007) 10/10/ STIPULATION AND ORDER extending time to respond to complaint. Upon the issuance of an order of the Court appointing a lead plaintiff (or lead plaintiffs), the lead plaintiff(s) shall file and serve an amended consolidated complaint within 45 days of the entry of such order. The defendant Tarragon Corp. shall move, answer or otherwise respond to the amended consolidated complaint within 45 days after receipt of the amedned consolidated complaint. In the event that defendant Tarragon Corp files and serves a motion directed at the amended consolidated complaint, the lead plaintiff(s) shall file and serve opposition papers to the defendant's motion within 45 days after receipt of service of such motion provided that nothing herein exempts any party from the pre-motion conference requirement. Defendant Tarragon Corp. shall file and serve its reply papers within 30 days after receipt of sevice of the lead plaintiff's opposition papers. (Signed by Judge P. Kevin Castel on 10/9/2007) (ad) (Entered: 10/10/2007) 10/22/ AFFIDAVIT OF SERVICE. Robert P. Rothenberg served on 10/10/2007, answer due 10/30/2007. Service was accepted by Helene Rothenberg. Document filed by Vivian Judelson; Leonard Judelson; Vivian S. Judelson Contributory IRA. (Rosenfeld, David) (Entered: 10/22/2007) 10/22/ ACKNOWLEDGMENT OF SERVICE. William S. Friedman served on 10/11/2007, answer due 10/31/2007. Service was accepted by Joseph Thompson. Document filed by Vivian Judelson; Leonard Judelson; Vivian S. Judelson Contributory IRA. (Rosenfeld, David) (Entered: 10/22/2007) 10/30/ STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT. Upon the issuance of an order of the Court appointing a lead plaintiff in the action, the lead plaintiff(s) file and serve an amended consolidated complaint within forty-five (45) days of the entry of such order. Defendants Friedman, Rothenberg, Pickens shall answer the amended consolidated complaint within 45 days after receipt of service of said complaint. (Signed by Judge P. Kevin Castel on 10/30/2007) (jar) (Entered: 10/30/2007)

7 11/13/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Daniel Marcus, Jeffrey Abraham, David Rosenfeld, and Evan Smith dated 11/9/07 re: Request to adjourn the 11/16/07 initial pretrial conference. ENDORSEMENT: Initial conference adjourned from 11/16 to 2/8/08 at 10:30 am. Initial Conference reset for 2/8/2008 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/9/07) (cd) (Entered: 11/13/2007) 11/13/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Ian Berg dated 11/13/07 re: Request that the pre-motion conference requirement be waived re motion for appointment as lead plaintiff. ENDORSEMENT: Premotion conference requirement waived for any motion by any person for appointment as lead plaintiff. (Signed by Judge P. Kevin Castel on 11/13/07) (cd) (Entered: 11/13/2007) 11/13/ MOTION to Consolidate Cases , and Appoint Lead Plaintiff and Lead and Liaison Counsel. Document filed by Tarragon Investor Group. (Attachments: # 1 Exhibit A)(Smith, Evan) (Entered: 11/13/2007) 11/13/ MEMORANDUM OF LAW in Support re: 10 MOTION to Consolidate Cases , and Appoint Lead Plaintiff and Lead and Liaison Counsel.. Document filed by Tarragon Investor Group. (Smith, Evan) (Entered: 11/13/2007) 11/13/ DECLARATION of Evan J. Smith, Esquire in Support re: 10 MOTION to Consolidate Cases , and Appoint Lead Plaintiff and Lead and Liaison Counsel.. Document filed by Tarragon Investor Group. (Attachments: # 1 Exhibit A-C# 2 Exhibit D# 3 Exhibit E)(Smith, Evan) (Entered: 11/13/2007) 11/13/ MOTION to Appoint The Judelson Group to serve as lead plaintiff(s). Document filed by Reginald Barnett, Vivian Judelson, Leonard Judelson, Vivian S. Judelson Contributory IRA. (Attachments: # 1 Text of Proposed Order)(Alba, Mario) (Entered: 11/13/2007) 11/13/ MEMORANDUM OF LAW in Support re: 13 MOTION to Appoint The Judelson Group to serve as lead plaintiff(s).. Document filed by Vivian Judelson, Leonard Judelson, Reginald Barnett, Vivian S. Judelson Contributory IRA. (Alba, Mario) (Entered: 11/13/2007) 11/13/ CERTIFICATE OF SERVICE of Motion to consolidate and appoint lead plaintiff and lead counsel served on All Counsel of Record on November 13, Service was made by ECF and MAIL. Document filed by Tarragon Investor Group. (Smith, Evan) (Entered: 11/13/2007) 11/13/ DECLARATION of Mario Alba Jr. in Support re: 13 MOTION to Appoint The Judelson Group to serve as lead plaintiff(s).. Document filed by Vivian Judelson, Leonard Judelson, Reginald Barnett, Vivian S. Judelson Contributory IRA. (Attachments: # 1 Exhibit A - first notice# 2 Exhibit B - loss chart# 3 Exhibit C - certifications# 4 Exhibit D - firm resume)(alba, Mario) (Entered: 11/13/2007) 11/13/ MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. Document filed by Pascual Rodriguez. (Attachments: # 1 Text of Proposed Order)(Miller, Kim) (Entered: 11/13/2007)

8 11/13/ MEMORANDUM OF LAW in Support re: 17 MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by Pascual Rodriguez. (Miller, Kim) (Entered: 11/13/2007) 11/13/ DECLARATION of Kim E. Miller in Support re: 17 MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by Pascual Rodriguez. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Miller, Kim) (Entered: 11/13/2007) 11/14/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Jeffrey S. Abraham dated 11/13/07 re: counsel for plaintiff Paul Berger in one of action referenced in this order respectfully request that Your Honor waive the general requirement for a premotion conference for motions for appointment of lead plaintiff. ENDORSEMENT: Pre-motion Conference requirement waived for all motions for appointment of lead counsel. So Ordered. (Signed by Judge P. Kevin Castel on 11/14/07) (pl) (Entered: 11/14/2007) 11/29/ MEMORANDUM OF LAW in Opposition re: 10 MOTION to Consolidate Cases , and Appoint Lead Plaintiff and Lead and Liaison Counsel., 13 MOTION to Appoint The Judelson Group to serve as lead plaintiff(s)., 17 MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by Paul Berger. (Abraham, Jeffrey) (Entered: 11/29/2007) 11/29/ AFFIDAVIT of Jeffrey S. Abraham in Opposition re: 10 MOTION to Consolidate Cases , and Appoint Lead Plaintiff and Lead and Liaison Counsel., 13 MOTION to Appoint The Judelson Group to serve as lead plaintiff(s)., 17 MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint Pascual Rodriguez to serve as lead plaintiff(s) Consolidate All Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by Paul Berger. (Attachments: # 1 Exhibit A and B)(Abraham, Jeffrey) (Entered: 11/29/2007) 11/29/ CERTIFICATE OF SERVICE of Memorandum of Law of Plaintiff Paul Berger in Opposition to Competing Motions for Appointment as Lead Plaintiff and Affidavit of Jeffrey S. Abraham in Opposition to the Competing Motions for Appointment as Lead Plaintiff. Service was made by US Mail. Document filed by Paul Berger. (Abraham, Jeffrey) (Entered: 11/29/2007) 12/06/ MEMORANDUM AND ORDER that consolidation under Rule 42(a), FRCP is appropriate. The actions, 07cv7972, 07cv8438 and 07cv8689 are consolidated under the caption 07cv7972. The Clerk is directed to administratively close 07cv8438(PKC) and 07cv8689(PKC). Mr. Berger would appear to satisfy the adequacy and typicality

9 requirements of Rule 23. I conclude that he satisfies the statutory criteria and is the most capable person to represent the interests of the class. Mr. Berger is appointed as lead plaintiff. I will approve Mr. Berger's selection of counsel, Jeffrey Abraham of Abraham, Fruchter & Twersky, LLP. Leave to file a consolidated amended class action complaint is granted provided it is filed on or before 1/18/08. Defendant's time to answer or move is adjourned until 45 days after the filing of the consolidated amended class action complaint. Counsel for the parties are urged to meet and confer on the retention of a mediator at private expense. (Signed by Judge P. Kevin Castel on 12/6/07) (dle) (Entered: 12/07/2007) 12/11/ NOTICE of of Withdrawal of Plaintiff's Counsel. Document filed by Vivian Judelson, Leonard Judelson. (Rudman, Samuel) (Entered: 12/11/2007) 12/18/ MEMO ENDORSEMENT re: Notice of Withdrawal of Plaintiff's Counsel - That plaintiff's counsel, Samuel H. Rudman, David A. Rosenfeld, Darren J. Robbins, David C. Walton and Catherine J. Kowalewski of Coughlin Stoia Geller Rudman & Robbins LLP be withdrawn as attorneys for plaintiff in this action. The class will continue to be represented by lead counsel Abraham Fruchter & Twersky, LLP. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/18/07) (db) (Entered: 12/18/2007) 01/17/ NOTICE OF APPEARANCE by Eliot Lauer on behalf of Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens (Lauer, Eliot) (Entered: 01/17/2008) 01/17/ NOTICE OF APPEARANCE by Theresa Ann Foudy on behalf of Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens (Foudy, Theresa) (Entered: 01/17/2008) 01/17/ NOTICE OF APPEARANCE by Daniel Robbins Marcus on behalf of Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens (Marcus, Daniel) (Entered: 01/17/2008) 01/17/ RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tarragon Corporation.(Foudy, Theresa) (Entered: 01/17/2008) 01/18/ AMENDED COMPLAINT amending 1 Complaint against Beachwold Partners, L.P., Grant Thornton LLP, Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens. Document filed by Paul Berger. Related document: 1 Complaint, filed by Vivian S. Judelson Contributory IRA, Leonard Judelson, Vivian Judelson.(db) (Entered: 01/30/2008) 02/04/ NOTICE OF APPEARANCE by Eliot Lauer on behalf of Beachwold Partners, L.P. (Lauer, Eliot) (Entered: 02/04/2008) 02/04/ NOTICE OF APPEARANCE by Theresa Ann Foudy on behalf of Beachwold Partners, L.P. (Foudy, Theresa) (Entered: 02/04/2008) 02/04/ NOTICE OF APPEARANCE by Daniel Robbins Marcus on behalf of Beachwold Partners, L.P. (Marcus, Daniel) (Entered: 02/04/2008) 02/05/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Eliot Lauer dated 1/30/08 re: Counsel for Defendants Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin Davis Pickens, and Beachwold, L.P. request that the

10 Initial Pre-Trial Conference currently scheduled for 2/8/08 be postponed. ENDORSEMENT: February 8 conference adjourned to June 13, 2008 at 9:30 a.m. ( Initial Conference set for 6/13/2008 at 09:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/4/08) (tro) (Entered: 02/05/2008) 02/15/ AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Grant Thornton LLP served on 2/7/2008, answer due 2/27/2008. Service was accepted by Ms. M. McLemore, Receptionist. Document filed by Paul Berger. (Abraham, Jeffrey) (Entered: 02/15/2008) 02/20/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Eliot Lauer dated 2/19/08 re: Counsel for defendants Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin Davis Pickens, and Beachwold, L.P. intend to move to dismiss the Amended Class Action Complaint. ENDORSEMENT: Time to respond to complaint extended to April 4. Premotion conference is waived. Motion to be filed by April 4, 2008, answering papers are due by May 16; reply, if any, due June 6. I do not anticipate granting further adjournments of the schedule. (Signed by Judge P. Kevin Castel on 2/20/08) (tro) Modified on 2/27/2008 (tro). (Entered: 02/20/2008) 02/26/ NOTICE OF APPEARANCE by Jennifer Laurie Malin on behalf of Grant Thornton LLP (Malin, Jennifer) (Entered: 02/26/2008) 02/26/ NOTICE OF APPEARANCE by Luke A. Connelly on behalf of Grant Thornton LLP (Connelly, Luke) (Entered: 02/26/2008) 02/26/ RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO Corporate Parent. Document filed by Grant Thornton LLP.(Connelly, Luke) (Entered: 02/26/2008) 02/27/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Jennifer L. Malin dated 2/26/08 re: counsel for defendant Grant Thornton LLP requests a premotion conference. ENDORSEMENT: Premotion conference requirement waived for motion by Grant Thornton, file motion by 4/4/08 on same schedule as Tarragon defendants. (Signed by Judge P. Kevin Castel on 2/27/08) (dle) (Entered: 02/27/2008) 04/04/ MOTION to Dismiss Amended Class Action Complaint. Document filed by Beachwold Partners, L.P., Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens.(Foudy, Theresa) (Entered: 04/04/2008) 04/04/ DECLARATION of DANIEL R. MARCUS in Support re: 42 MOTION to Dismiss Amended Class Action Complaint.. Document filed by Beachwold Partners, L.P., Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens. (Attachments: # 1 Exhibit A-Copy of Amended Class Action Complaint, # 2 Exhibit B-Copy of pages 5, 88 and 117 of 2006 Form 10-K filed by Tarragon Corporation with SEC on April 2, 2007, # 3 Exhibit C-Copy of pages 9, 30, 38, 44, 45 and of 2005 Form 10-K filed by Tarragon Corporation with SEC on March 16, 2006, # 4 Exhibit D-Copy of pages 41 and 82 of 2004 Form 10-K filed by Tarragon Corporation on March 16, 2005, # 5 Exhibit E-Copy of pages 9-11 of Form 10-Q filed by Tarragon Corporation with SEC on May 10, 2006, # 6 Exhibit F-Copy of Form 8-K filed by Tarragon Corporation with SEC on April 2, 2007, # 7 Exhibit G- Copy of pages 9 and 51 of Form 10-Q for three months ending June 30, 2007 filed by Tarragon Corporation with SEC on December 21, 2007, # 8 Exhibit H-Copy of press release issued by Tarragon Corporation on July 25, 2007, # 9 Exhibit I-Copy of press release issued by Tarragon Corporation on July 10, 2007, # 10 Exhibit J-Copy of

11 Form 8-K filed by Tarragon Corporation with SEC on October 4, 2006, # 11 Exhibit K-Copy of page 44 of Form 10-Q filed by Tarragon Corporation with SEC on August 9, 2005, # 12 Exhibit L-Copy of page 51 of Form 10-Q filed by Tarragon Corporation with SEC on November 9, 2006, # 13 Exhibit M-Copies of Form 4's filed by Defendant Erin Davis Pickens during period January 5, 2005 to August 9, 2007 ("the Class Period"), # 14 Exhibit N-Copies of Form 4's filed by Defendant Robert P. Rothenberg during the Class Period, # 15 Exhibit O-Copies of Form 4's filed by Defendant William S. Friedman with respect to acquisitions of stock during the Class Period)(Foudy, Theresa) (Entered: 04/04/2008) 04/04/ MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss Amended Class Action Complaint.. Document filed by Beachwold Partners, L.P., Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens. (Foudy, Theresa) (Entered: 04/04/2008) 04/04/ MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Grant Thornton LLP. Responses due by 5/16/2008(Connelly, Luke) (Entered: 04/04/2008) 04/04/ DECLARATION of Jennifer L. Malin in Support re: 45 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Grant Thornton LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I - part 1, # 10 Exhibit I - part 2, # 11 Exhibit I - part 3)(Malin, Jennifer) (Entered: 04/04/2008) 04/04/ MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Grant Thornton LLP. (Malin, Jennifer) (Entered: 04/04/2008) 05/16/ MEMORANDUM OF LAW in Opposition re: (42 in 1:07-cv PKC) MOTION to Dismiss Amended Class Action Complaint.. Document filed by Paul Berger. Filed In Associated Cases: 1:07-cv PKC, 1:07-cv PKC, 1:07-cv PKC(Taylor, Philip) (Entered: 05/16/2008) 05/16/ AFFIDAVIT of Jeffrey S. Abraham in Opposition re: (45 in 1:07-cv PKC) MOTION to Dismiss Plaintiffs' Amended Complaint., (42 in 1:07-cv PKC) MOTION to Dismiss Amended Class Action Complaint.. Document filed by Paul Berger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)Filed In Associated Cases: 1:07-cv PKC, 1:07-cv PKC, 1:07-cv PKC(Taylor, Philip) (Entered: 05/16/2008) 05/16/ MEMORANDUM OF LAW in Opposition re: (45 in 1:07-cv PKC) MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Paul Berger. Filed In Associated Cases: 1:07-cv PKC, 1:07-cv PKC, 1:07-cv PKC(Taylor, Philip) (Entered: 05/16/2008) 06/06/ REPLY MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss Amended Class Action Complaint.. Document filed by Beachwold Partners, L.P., Tarragon Corporation, William S. Friedman, Robert P. Rothenberg, Erin D. Pickens. (Foudy, Theresa) (Entered: 06/06/2008)

12 06/06/ REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Grant Thornton LLP. (Connelly, Luke) (Entered: 06/06/2008) 06/12/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Jeffrey S. Abraham, Daniel R. Marcus and Jennifer L. Malin dated 6/11/08 re: Counsel writes to suggest that the initial pretrial conference be postponed until after a decision on the pending motion is made. ENDORSEMENT: Conference date of June 13 is vacated. Initial conference will be held after the decision on the motion to dismiss. So ordered. (Signed by Judge P. Kevin Castel on 6/12/08) (mme) (Entered: 06/12/2008) 01/13/ SUGGESTION OF BANKRUPTCY upon the record as to Tarragon Corporation. Document filed by Tarragon Corporation (Attachments: # 1 Exhibit A-Bankruptcy Petition)(Lauer, Eliot) (Entered: 01/13/2009) 03/26/ ORDER: On January 12,2009, defendant Tarragon Corporation ("Tarragon") filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Bankruptcy Code. (Docket # 54.) Tarragon therefore is subject to an automatic stay in this litigation, as set forth at 11 U.S.C The Court intends to proceed with the adjudication of this case as to the three individual defendants, Beachwold Partners L.P. and Grant Thornton LLP. If the parties believe that the statutory stay extends to any defendant other than Tarragon, they are directed to set forth their views in writing and to submit them to the Court via fax no later than 5 p.m. on Friday, March 27, SO ORDERED. (Signed by Judge P. Kevin Castel on 3/26/2009) (tve) (Entered: 03/26/2009) 03/27/ MEMORANDUM AND ORDER re: 42 Motion to Dismiss; 45 Motion to Dismiss. The motions to dismiss filed by Friedman, Rothenberg, Pickens, Beachwold and Grant Thornton are granted. Pursuant to 11 U.S.C. 362, this action is stayed as to Tarragon. Plaintiff may move to amend the Complaint, provided the motions is filed by May 8, (Signed by Judge P. Kevin Castel on 3/27/09) (tro) (Entered: 03/30/2009) 03/27/2009 Set Deadlines/Hearings: Motions due by 5/8/2009. (tro) (Entered: 03/30/2009) 05/19/ MEMO ENDORSEMENT re: Proposed Judgment. ENDORSEMENT: Grant Thorton having failed to demonstrate any entry for reason of partial judgment in this action or satisfaction of the requirements of Rule 54(b), the application for judgment is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/18/2009) (tve) (Entered: 05/19/2009) 07/15/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Luke A. Connelly dated 7/14/09 re: Counsel for Grant Thornton, LLP submit this letter to request that judgment be entered under F.R.C.P. 54(b) in favor of Grant Thornton, following this Court's 3/27/09 Order dismissing plaintiffs' Amended Complaint against Grant Thornton. ENDORSEMENT: The letter application of July 14 will be deemed a motion for entry of final judgment as to fewer than all parties under Rule 54(b), A response to the motion will be due July 22 via fax and any reply by July 28 via fax. (Signed by Judge P. Kevin Castel on 7/15/09) (tro) (Entered: 07/15/2009) 07/23/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Jeffrey S. Abraham dated 7/22/2009 re: Counsel writes to advise that plaintiff does not oppose Grant Thornton LLP's motion for entry of judgment. ENDORSEMENT: I will still require

13 Grant Thornton to demonstrate why the pendency of the claims against the Individual Defendants does not counsel against Rule 59(b) certification. Grant Thornton should demonstrate why this is the "infrequent harsh case" presenting a "charge" of "hardship or injustice." Grand River, 425 F.3d 158, (2d Cir. 2005). So Ordered. (Signed by Judge P. Kevin Castel on 7/23/2009) (jfe) (Entered: 07/23/2009) 07/29/ ENDORSED LETTER addressed to Judge P. Kevin Castel from Luke A. Connelly dated 7/29/09 re: counsel requests that this Court enter judgment that all claims against Grant Thornton in the Amended Class Action complaint are dismissed with prejudice. ENDORSEMENT: Because of the continued pendency of the claims against the Individual Defendants, I do not conclude that "there is no just reason for delay." Application for Judgment under Rule 54(b) is Denied. So Ordered. (Signed by Judge P. Kevin Castel on 7/30/09) (djc) (Entered: 07/31/2009) 09/24/ ORDER On January 12, 2009, defendant Tarragon Corporation ("Tarragon") filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Bankruptcy Code. (Docket # 54.) Since that date Tarragon has been subject to an automatic stay in this litigation, as set forth at 11 U.S.C In the interim, all other remaining parties to the action have been dismissed. The action should be administratively closed. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/24/2010) (jmi) Modified on 9/28/2010 (jmi). (Entered: 09/27/2010) 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