U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:02-cv SWK

Transcription

1 US District Court Civil Docket as of November 28, 2011 Retrieved from the court on March 4, 2013 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:02-cv SWK In Re: AOL Time Securities, et al v., et al Assigned to: Judge Shirley Wohl Kram Demand: $0 Member case: (View Member Case) Related Cases: 1:02-cv SWK 1:02-cv SWK 1:02-cv SWK 1:06-cv SWK 1:03-cv SWK 1:08-cv CM -GWG 1:03-cv SWK 1:03-cv SWK 1:08-cv LAP Case in other court: U.S.C.A. 2nd Circuit, cv Cause: 15:78m(a) Securities Exchange Act Date Filed: 07/18/2002 Date Terminated: 04/25/2006 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Lead Plaintiff Minnesota State Board of Investments represented by Robert Andrew Skirnick Meredith Cohen Greenfogel & Skirnick One Liberty Plaza 35th Floor New York, NY Fax: Samuel D. Heins Heins Mills & Olson, P.L.C. 700 Northstar East 608 Second Avenue South Minneapolis, MN ATTORNEY TO BE NOTICED Plaintiff Jennifer J. Fadem on behalf of herself and all others similarly situated represented by Corey D. Holzer Holzer Holzer & Cannon LLC 1117 Perimeter Center West E-107

2 Atlanta, GA (770) Edward J. Mills Stull, Stull & Brody 6 East 45th Street New York, NY (212) ATTORNEY TO BE NOTICED Christopher J. Gray Law Office of Christopher J. Gray, P.C 460 Park Avenue 21st Floor New York, NY (212) Fax: (212) gray@cjgraylaw.com Brian Philip Murray Murray Frank LLP 275 Madison Avenue, Ste. 801 New York, NY Fax: bmurray@glancylaw.com ATTORNEY TO BE NOTICED Plaintiff Salomon Hami represented by Aaron Lee Brody Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY Fax: ssbny@aol.com Edward J. Mills ATTORNEY TO BE NOTICED Brian Philip Murray ATTORNEY TO BE NOTICED Plaintiff Dominic F. Amarosa represented by Edward J. Mills

3 ATTORNEY TO BE NOTICED Christopher J. Gray V. Appellant BizProLink LLC represented by BizProLink LLC PRO SE V. Petitioner Cynthia R. Levin Moulton represented by Jeffrey D. Meyer Moulton & Meyer, L.L.P. 600 Travis Street Suite 6700 Houston, TX (713) Fax: (713) ATTORNEY TO BE NOTICED V. Mark Bluesein Dr. Carmelo Manganaro StoneRidge Investment Partners LLC John C. Turner represented by Linda P. Nussbaum Kaplan Fox & Kilsheimer LLP (NYC) 850 Third Avenue 14th Floor New York, NY (212) Fax: (212) represented by Linda P. Nussbaum

4 The State Universities Retirement System of Illinois Time Warner Inc. represented by Evan R Chesler Boies, Schiller & Flexner, LLP 10 North Pearl Street Albany, NY (518) Peter T. Barbur Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY (212) Rachel G Skaistis Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY (212) Fax: (212) rskaistis@cravath.com Robert D Joffe Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY (212) Fax: (212) rjoffe@cravath.com Daniel F. Akerson represented by Evan R Chesler Peter T. Barbur Robert D Joffe

5 James W. Barge represented by Evan R Chesler Peter T. Barbur Robert D Joffe Stephen F. Bollenbach represented by Evan R Chesler Peter T. Barbur Robert D Joffe Frank J. Caufield represented by Evan R Chesler Peter T. Barbur Robert D Joffe Miles R. Gilburne represented by Evan R Chesler Peter T. Barbur Robert D Joffe

6 Franklin D. Raines represented by Evan R Chesler Peter T. Barbur Robert D Joffe Barry Schuler TERMINATED: 08/12/2004 represented by Evan R Chesler Peter T. Barbur Robert D Joffe Minnesota State Board of Investments Louisiana School Employees Retirement System Municipal Police Employees Retirement System of Louisiana represented by Robert Andrew Skirnick represented by Stanley Merrill Grossman Pomerantz Haudek Block Grossman & Gross LLP 100 Park Avenue, 26th Floor New York, NY Fax: SMGrossman@pomlaw.com represented by Stanley Merrill Grossman V. Defendant AOL Time Warner, Inc. TERMINATED: 09/20/2007 represented by Rachel G Skaistis

7 Robert D Joffe Defendant Stephen M. Case TERMINATED: 09/20/2007 represented by Robert M. Stern O'Melveny & Myers LLP (DC) 1625 Eye Street, NW Washington, DC (202) Fax: (202) rstern@omm.com Defendant Wayne H. Pace TERMINATED: 09/20/2007 Defendant J. Michael Kelly TERMINATED: 09/20/2007 Defendant Steven Rindner TERMINATED: 09/20/2007 represented by Brian M. Heberlig Steptoe & Johnson, L.L.P Connecticut Avenue, N.W. Washington, DC (202) Edward R. Mackiewicz Steptoe & Johnson, L.L.P Connecticut Avenue, N.W. Washington, DC (202) John David Lovi Steptoe & Johnson, LLP (NYC) 750 Seventh Avenue Suite 1900 New York, NY (212) Fax: (212) jlovi@steptoe.com ATTORNEY TO BE NOTICED Mark J. Hulkower Steptoe & Johnson, L.L.P Connecticut Avenue, N.W.

8 Washington, DC (202) Defendant Paul T. Cappuccio TERMINATED: 09/20/2007 represented by Evan R Chesler Peter T. Barbur Robert D Joffe Defendant Kenneth J. Novack TERMINATED: 09/20/2007 represented by Evan R Chesler Peter T. Barbur Robert D Joffe Defendant Joseph A. Ripp TERMINATED: 09/20/2007 represented by Evan R Chesler Peter T. Barbur Robert D Joffe Defendant Ernst & Young LLP represented by Holly K. Kulka Heller Ehrman White & McAuliffe, LLP 120 West 45th Street New York, NY (212) hkulka@hewm.com Jack G. Stern

9 Boies, Schiller & Flexner, LLP 570 Lexington Avenue New York, NY (212) ATTORNEY TO BE NOTICED Jeremy Neil Kudon Heller Ehrman, LLP (NYC) 7 Times Square New York, NY (212) Fax: (212) jkudon@orrick.com ATTORNEY TO BE NOTICED Michael Lane Rugen Heller Eherman White & McAuliffe, LLP 120 West 45th Street New York, NY (212) Timothy Philip Wei Securities & Exchange Commission (3 WFC) 3 World Financial Center, Room 400 New York, NY (2(212) Fax: (212) Defendant Eric Keller TERMINATED: 09/20/2007 represented by Blair G. Connelly Latham & Watkins, LLP (Washington, DC) 555 Eleventh Street Suite 1000 Washington, DC Fax: blair.connelly@lw.com Defendant Ernst & Young, LLP McClure Family Trust represented by Richard A. Adams

10 Patton, Haltom, Roberts, McWilliams & Greer, LLP Century Bank Plaza 2900 St. Michael Drive Suite 400 Texarkana, TX (903) Gary J. Tweed Arlene Swenson Thomas Cerchia Consolidated Plaintiff Steven Schmalz represented by Richard A. Adams represented by Richard A. Adams represented by Richard A. Adams represented by Corey D. Holzer Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY (631) Fax: (631) Consolidated Plaintiff Mariam Antin represented by Corey D. Holzer Marian Probst Rosner Wolf, Popper, L.L.P. 845 Third Avenue New York, NY (212)

11 Consolidated Plaintiff Mark Bluestein represented by Brian Philip Murray Corey D. Holzer Consolidated Plaintiff Malka Birnbaum represented by Corey D. Holzer Gregory M. Egleston Gainey McKenna & Egleston 440 Park Avenue, South 5th Floor New York, NY (212) Fax: (212) Consolidated Plaintiff Ernest Hack represented by Corey D. Holzer Robert I. Harwood Harwood Feffer LLP 488 Madison Avenue New York, NY Fax: Consolidated Plaintiff Harvey Matcovsky represented by Corey D. Holzer Jules Brody Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY (212) Fax: (212)

12 Consolidated Plaintiff Delbert Currens represented by Corey D. Holzer Samuel Howard Rudman Consolidated Plaintiff Howard Rosengarten represented by Corey D. Holzer Jill Sharyn Abrams Abbey Spanier Rodd Abrams & Paradis, LLP 212 East 39th Street New York, NY (212) Fax: (212) Consolidated Plaintiff Alan Russo represented by Corey D. Holzer Menachem E. Lifshitz Bernstein, Liebhard & Lifshitz, L.L.P. 10 East 40th Street New York, NY (212) Consolidated Plaintiff Harriet Goldstein represented by Corey D. Holzer Menachem E. Lifshitz Consolidated Plaintiff

13 Barbara Dietel represented by Corey D. Holzer Frederic Scott Fox, Sr Kaplan Fox & Kilsheimer LLP (NYC) 850 Third Avenue 14th Floor New York, NY (212) Fax: (212) Consolidated Plaintiff Earl Bennett represented by Aaron Lee Brody Corey D. Holzer Consolidated Plaintiff Jack L. McBride represented by Corey D. Holzer Thomas H. Burt Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Avenue New York, NY (212) Fax: (212) Consolidated Plaintiff Vardan Sarkisov represented by Corey D. Holzer Ira M. Press Kirby McInerney LLP 825 Third Avenue 16th Floor New York, NY (212) Fax: (212)

14 Consolidated Plaintiff Sherry Weindorf represented by Corey D. Holzer James Vary Bashian James V. Bashian, Law Offices 500 Fifth Avenue Suite 2700 New York, NY (212) Fax: (212) Consolidated Plaintiff Earl Mikolitch represented by Corey D. Holzer Patrick Anthony Klingman Shepherd, Finkelman, Miller & Shah, LLC 65 Main Street Chester, CT (860) Fax: (860) Consolidated Plaintiff John Pleggenkuhle represented by Corey D. Holzer Frederick Taylor Isquith, Sr Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P. 270 Madison Avenue New York, NY (212) Consolidated Plaintiff Prena Smajlaj represented by Corey D. Holzer

15 Nadeem Faruqi Faruqi & Faruqi, LLP 369 Lexington Avenue 10th Floor New York, NY (212) Fax: (212) V. Consolidated Defendant Richard Parsons TERMINATED: 08/12/2004 Consolidated Defendant Gerald M. Levin TERMINATED: 09/20/2007 Consolidated Defendant American Online, Inc. TERMINATED: 09/20/2007 represented by Rachel G Skaistis Robert D Joffe Consolidated Defendant Robert W. Pittman TERMINATED: 09/20/2007 Consolidated Defendant David M. Colburn TERMINATED: 09/20/2007 represented by Carl Spencer Kravitz Zuckerman Spaeder, LLP 1800 M Street, N.W., Ste Washington, DC (202) Fax: (202) ckravitz@zuckerman.com ATTORNEY TO BE NOTICED Consolidated Defendant Richard Parsons TERMINATED: 08/12/2004

16 Consolidated Defendant Gerald M. Levin TERMINATED: 09/20/2007 John D. Beeson, Sr. Robert C. Daniels Adnan Elassir James Belmont Ontario Teachers' Pension Plan Board represented by Brian Philip Murray represented by Brian Philip Murray represented by Brian Philip Murray represented by Brian Philip Murray represented by Avi Josefson Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY (212) Fax: (212) Gerald H. Silk Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY Fax: The Policemen & Firemen Retirement

17 System of the City of Detroit The Minnesota State Board of Investment represented by Samuel D. Heins Amalgamated Bank Neil McCarty Bronislav Leydiker Artyom Leydiker Michael Robin Breslow TERMINATED: 08/12/2004 Thomas Burnejko Carol Burnejko Gregory Burnejko David Burnejko Date Filed # Docket Text 07/18/ COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (gmo) (Entered: 07/23/2002) 07/18/2002 Magistrate Judge Kevin N. Fox is so designated. (gmo) (Entered: 07/23/2002) 07/19/ AMENDED COMPLAINT by Jennifer J. Fadem (Answer due 7/29/02 for J. Michael Kelly, for Wayne H. Pace, for Stephen M. Case, for AOL Time Warner ) amending [1-1] complaint against Ernst & Young, LLP; Summons issued. (dle) (Entered: 07/24/2002) 08/22/ AFFIDAVIT OF SERVICE of Summons and Complaint as to Stephen M. Case by Yvonne Look, Esq. on 8/19/02. Answer due on 9/9/02 for Stephen M. Case. (yv)

18 Modified on 08/28/2002 (Entered: 08/28/2002) 08/22/ AFFIDAVIT OF SERVICE of Summons and Complaint as to Wayne H. Pace by Yvonne Look, Esq. on 8/19/02. Answer due on 9/9/02 for Wayne H. Pace. (yv) Modified on 08/28/2002 (Entered: 08/28/2002) 08/22/ AFFIDAVIT OF SERVICE of Summons and Complaint as to AOL Time Warner by Yvonne Look, Esq. on 8/19/02. Answer due on 9/9/02 for AOL Time Warner. (yv) (Entered: 08/28/2002) 08/22/ AFFIDAVIT OF SERVICE of Summons and Complaint as to Ernst & Young, LLP by Sylvester R. Delitto, Compliance Manager on 8/14/02. Answer due on 9/3/02 for Ernst & Young, LLP. (yv) (Entered: 08/28/2002) 08/22/ AFFIDAVIT OF SERVICE of Summons and Complaint as to J. Michael Kelly by Yvonne Look, Esq. on 8/19/02. Answer due on 9/9/02 for J. Michael Kelly. (yv) (Entered: 08/28/2002) 09/03/ NOTICE OF MOTION by Mark Bluesein for an Order for admission of Michael T. Fantini, of the law firm of Berger & Montague, P.C. pro hac vice on behalf of Mark Bluesein. No Return Date. Proposed Order attached. (sb) (Entered: 09/10/2002) 09/12/ ORDER, that the Copurt is granting the [8-1] motion for an Order for admission of Michael T. Fantini, of the law firm of Berger & Montague, P.C. pro hac vice on behalf of Mark Bluesein. ( signed by Judge Shirley W. Kram ); Copies mailed. FORWARDED TO ATTORNEY ADMISSIION CLERK. (tp) (Entered: 09/13/2002) 09/12/ ORDER, the following cases are hereby consolidated for all purposes under Civil Action No. 02 Civ (SWK), which shall be captioned "In re AOL Time Warner, Inc. Securities Litigation": 02 civ. 5575, 5616, 5633, 5643, 5705, 5777, 5778, 5799, 5848, 5936, 5966, 6067, 6088, 6128, 6200, 6333, 6397, and It is further ordered that 02 civ be transferred to this Court as a related case for possible consolidation with the actions listed above for pre-trial purposes only. The Clerk of the Court is hereby directed to maintain a master docket and case file under the caption "In re AOL Time Warner, Inc. Securities Litigation," Master No. 02 Civ All orders, pleadings, motions, and documents will, when filed and docketed in the master case file, be deemed filed and docketed in each individual case to the extent applicable. Any action involving a common question of law or fact subsequently filed in or transferred to this Court shall be consolidated for all purposes under the Master File Number assigned to the Consolidated Actions. A party objecting to the consolidation of any such case may file for relief from this Order within 10 days after the date upon which a copy of this Order or the order of assignment is mailed to counsel for such party. ( signed by Judge Shirley W. Kram ); Copies mailed. (Copy sent to the Case Assignment Clerk). (kw) Modified on 09/19/2002 (Entered: 09/19/2002) 09/12/2002 Consolidated Lead Case. (kw) (Entered: 09/19/2002) 09/12/ ORDER, any member of the purported class in the consolidated action may move the court to serve as lead plaintiff of the purported class no later than 9/16/02 ; the lead plaintiff appointed by the Court pursuant to 15 USC 78u-4 shall file and serve a consolidated class action complaint within 45 days after entry of the order appointing lead plaintiff. Defendants' time to answer or move against the Class Action Complaint

19 is hereby extended to 60 days after a consolidated class action complaint is filed by the lead plaintiff. ( signed by Judge Shirley W. Kram ); Copies mailed. (kw) (Entered: 09/19/2002) 09/13/ NOTICE OF MOTION by Salomon Hami for an order, consolidating this action ; for an order, appointing Salomon Hami as Lead Pltff in the actions purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 ; for an order, approving Hami's selection of Lead Counsel ; Return Date not indicated. rec'd in the night deposit box on 9/13/02 at 8:22 p.m. (sac) (Entered: 09/18/2002) 09/13/ MEMORANDUM OF LAW by Salomon Hami in support of [10-1] motion for an order, consolidating this action, [10-2] motion for an order, appointing Salomon Hami as Lead Pltff in the actions purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [10-3] motion for an order, approving Hami's selection of Lead Counsel. (rec'd in the night deposit box on 9/13/02 at 8:22 p.m.) (sac) (Entered: 09/18/2002) 09/13/ DECLARATION of Aaron L. Brody by Salomon Hami in support Re: [10-1] motion for an order, consolidating this action, [10-2] motion for an order, appointing Salomon Hami as Lead Pltff in the actions purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [10-3] motion for an order, approving Hami's selection of Lead Counsel. (rec'd in the night deposit box on 9/13/02 at 8:22 p.m.) (sac) (Entered: 09/18/2002) 09/13/ NOTICE OF OPPOSED MOTION by McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia for an order, consolidating for all purposes: 02 Civ. 5575(Lead Case), with following Member Cases: 02 Civ. 5616; 02 Civ. 5633; 02 Civ. 5643; 02 Civ. 5705; 02 Civ. 5777; 02 Civ. 5778; 02 Civ. 5779; 02 Civ. 5848; 02 Civ. 5936; 02 Civ. 5966; 02 Civ Civ. 6088; 02 Civ. 6128; 02 Civ. 6200; 02 Civ. 6333; 02 Civ. 6397; 02 Civ ; for an order, to appoint s as Lead Pltff in these related actions ; for an order, approving s' selection of the law firms of Patton, Haltom, Roberts, McWilliams & Greer, LLP & Nix, Patterson & Roach, LLP to serve as Pltffs' Co-Lead Counsel ; Return Date not indicated. (sac) Modified on 09/19/2002 (Entered: 09/19/2002) 09/13/ MEMORANDUM OF LAW by McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia, Aol Time Warner, Inc in support of [13-1] motion for an order, consolidating for all purposes: 02 Civ. 5575(Lead Case), with following Member Cases: 02 Civ. 5616; 02 Civ. 5633; 02 Civ. 5643; 02 Civ. 5705; 02 Civ. 5777; 02 Civ. 5778; 02 Civ. 5779; 02 Civ. 5848; 02 Civ. 5936; 02 Civ. 5966; 02 Civ Civ. 6088; 02 Civ. 6128; 02 Civ. 6200; 02 Civ. 6333; 02 Civ. 6397; 02 Civ. 6564, [13-2] motion for an order, to appoint s as Lead Pltff in these related actions, [13-3] motion for an order, approving s' selection of the law firms of Patton, Haltom, Roberts, McWilliams & Greer, LLP & Nix, Patterson & Roach, LLP to serve as Pltffs' Co-Lead Counsel. (sac) (Entered: 09/19/2002) 09/13/ DECLARATION of Richard A. Adams by McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia in support Re: [13-1] motion for an order, consolidating for all purposes: 02 Civ. 5575(Lead Case), with following Member Cases: 02 Civ. 5616; 02 Civ. 5633; 02 Civ. 5643; 02 Civ. 5705; 02 Civ. 5777; 02 Civ. 5778; 02 Civ. 5779; 02 Civ. 5848; 02 Civ. 5936; 02 Civ. 5966; 02 Civ Civ. 6088; 02 Civ. 6128; 02 Civ. 6200; 02 Civ. 6333; 02 Civ. 6397; 02 Civ. 6564, [13-2] motion for an order, to appoint s as Lead Pltff in these related actions, [13-3]

20 motion for an order, approving s' selection of the law firms of Patton, Haltom, Roberts, McWilliams & Greer, LLP & Nix, Patterson & Roach, LLP to serve as Pltffs' Co-Lead Counsel. (sac) (Entered: 09/19/2002) 09/13/ NOTICE OF MOTION by John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont for an order, appointing John D. Beeson, Sr., Robert C. Dainels, Adnan Elassir & James Belmont as Lead Pltffs ; for an order, approving s' selection of the Berger & Montague, P.C. and The Olsen Law Firm as Co-Lead Counsel and Rabin & Peckel LLP as Liaison Counsel ; for an order, consolidating all related actions ; Return Date not indicated. (rec'd in the night deposit box on 9/13/02 at 5:24 p.m.) (sac) (Entered: 09/19/2002) 09/13/ MEMORANDUM OF LAW by John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont in support of [18-1] motion for an order, appointing John D. Beeson, Sr., Robert C. Dainels, Adnan Elassir & James Belmont as Lead Pltffs, [18-2] motion for an order, approving s' selection of the Berger & Montague, P.C. and The Olsen Law Firm as Co-Lead Counsel and Rabin & Peckel LLP as Liaison Counsel, [18-3] motion for an order, consolidating all related actions. (rec'd in the night deposit box on 9/13/02 at 5:24 p.m.) (sac) (Entered: 09/19/2002) 09/13/ DECLARATION of Eric J. Belfi by John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont in support Re: [18-1] motion for an order, appointing John D. Beeson, Sr., Robert C. Dainels, Adnan Elassir & James Belmont as Lead Pltffs, [18-2] motion for an order, approving s' selection of the Berger & Montague, P.C. and The Olsen Law Firm as Co-Lead Counsel and Rabin & Peckel LLP as Liaison Counsel, [18-3] motion for an order, consolidating all related actions. (rec'd in the night deposit box on 9/13/02 at 5:24 p.m.) (sac) (Entered: 09/19/2002) 09/16/ NOTICE OF MOTION by Ontario Teachers', Policemen & Firemen for an Order consolidating case nos. 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, and 02cv6564, as well as any other related actions pending in this Court and any subsequently filed or transferred actions ; for an Order appointing movant Ontario Teachers', movant Policemen & Firemen to serve as lead plaintiff(s), for an Order appointing the Public Retirement Funds' choice of counsel, the law firm of Bernstein Litowitz Berger & Grossmann LLP, as Lead Counsel. No Return Date. Proposed Order attached.(sb) Modified on 09/20/2002 (Entered: 09/20/2002) 09/16/ MEMORANDUM OF LAW by Ontario Teachers', Policemen & Firemen in support of [21-1] motion for an Order consolidating case nos. 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, and 02cv6564, as well as any other related actions pending in this Court and any subsequently filed or transferred actions, [21-2] motion for an Order appointing movant Ontario Teachers', movant Policemen & Firemen to serve as lead plaintiff(s), [21-3] motion for an Order appointing the Public Retirement Funds' choice of counsel, the law firm of Bernstein Litowitz Berger & Grossmann LLP, as Lead Counsel.. (sb) (Entered: 09/20/2002) 09/16/ DECLARATION of Douglas M. McKeige by Ontario Teachers', Policemen & Firemen in support of [21-1] motion for an Order consolidating case nos. 02cv5575,

21 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, and 02cv6564, as well as any other related actions pending in this Court and any subsequently filed or transferred actions, [21-2] motion for an Order appointing movant Ontario Teachers', movant Policemen & Firemen to serve as lead plaintiff(s), [21-3] motion for an Order appointing the Public Retirement Funds' choice of counsel, the law firm of Bernstein Litowitz Berger & Grossmann LLP, as Lead Counsel. (sb) (Entered: 09/20/2002) 09/16/ NOTICE OF MOTION by Minnesota State for an order appointing movant Minnesota State to serve as lead plaintiff(s) and for an order approving its selection of the law firm Heins Mills & Olson, PLC as lead counsel for the plaintiff class. No Return Date. (sb) (Entered: 09/20/2002) 09/16/ MEMORANDUM OF LAW by Minnesota State in support of [24-1] motion for an order appointing movant Minnesota State to serve as lead plaintiff(s), [24-2] motion for an order approving its selection of the law firm Heins Mills & Olson, PLC as lead counsel for the plaintiff class. (sb) (Entered: 09/20/2002) 09/16/ AFFIDAVIT of Bryan L. Crawford by Minnesota State in support of [24-1] motion for an order appointing movant Minnesota State to serve as lead plaintiff(s), [24-2] motion for an order approving its selection of the law firm Heins Mills & Olson, PLC as lead counsel for the plaintiff class. (sb) (Entered: 09/20/2002) 09/16/ NOTICE OF MOTION by Amalgamated Bank for an order consolidating case nos. 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5799, 02cv5777, 02cv5778, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, 02cv6564, and 02cv7080 for all purposes under Rule 42(a) of the FRCP. No Return Date. Proposed order attached. Received in the night deposit box on 9/16/02 at 6:40 p.m. (sb) Modified on 09/20/2002 (Entered: 09/20/2002) 09/16/ MEMORANDUM OF LAW by Amalgamated Bank in support of [27-1] motion for an order consolidating case nos. 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5799, 02cv5777, 02cv5778, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, 02cv6564, and 02cv7080 for all purposes under Rule 42(a) of the FRCP. Received in the night deposit box on 9/16/02 at 6:40 p.m. (sb) (Entered: 09/20/2002) 09/16/ NOTICE OF MOTION by Amalgamated Bank for an order appointing movant Amalgamated Bank to serve as lead plaintiff(s) and for an order approving Amalgamated's selection of Milberg Weiss Bershad Hynes & Lerach LLP to serve as lead counsel. No Return Date. Proposed order attached. Received in the night deposit box on 9/16/02 at 6:40 p.m. (sb) Modified on 09/20/2002 (Entered: 09/20/2002) 09/16/ MEMORANDUM OF LAW by Amalgamated Bank in support of [29-1] motion for an order appointing movant Amalgamated Bank to serve as lead plaintiff(s), [29-2] motion for an order approving Amalgamated's selection of Milberg Weiss Bershad Hynes & Lerach LLP to serve as lead counsel. Received in the night deposit box on 9/16/02 at 6:41 p.m. (sb) (Entered: 09/20/2002) 09/16/ DECLARATION of Peter E. Seidman by Amalgamated Bank in support of [29-1] motion for an order appointing movant Amalgamated Bank to serve as lead

22 plaintiff(s), [29-2] motion for an order approving Amalgamated's selection of Milberg Weiss Bershad Hynes & Lerach LLP to serve as lead counsel. Received in the night deposit box on 9/16/02 at 6:41 p.m. (sb) (Entered: 09/20/2002) 09/16/ /16/ /16/ /16/ /16/ NOTICE OF MOTION by Neil McCarty, Carmelo Manganaro for an Order consolidating case nos. 02cv5575 and 02cv5936 into one action, for an Order appointing movant Neil McCarty and movant Carmelo Manganaro to serve as lead plaintiff(s), and for an Order approving movants' selection of counsel for the class. No Return Date. Proposed order attached. Received in the night deposit box on 9/16/02 at 6:47 p.m. (sb) (Entered: 09/23/2002) 33 MEMORANDUM OF LAW by Neil McCarty, Carmelo Manganaro in support of [32-1] motion for an Order consolidating case nos. 02cv5575 and 02cv5936 into one action, [32-2] motion for an Order appointing movant Neil McCarty and movant Carmelo Manganaro to serve as lead plaintiff(s), [32-3] motion for an Order approving movants' selection of counsel for the class. Received in the night deposit box on 9/16/02 at 6:47 p.m. (sb) (Entered: 09/23/2002) 34 DECLARATION of Gregory M. Egleston, Esq. by Neil McCarty, Carmelo Manganaro in support of [32-1] motion for an Order consolidating case nos. 02cv5575 and 02cv5936 into one action, [32-2] motion for an Order appointing movant Neil McCarty and movant Carmelo Manganaro to serve as lead plaintiff(s), [32-3] motion for an Order approving movants' selection of counsel for the class. Received in the night deposit box on 9/16/02 at 6:47 p.m. (sb) (Entered: 09/23/2002) 35 NOTICE OF MOTION by Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko for an order to consolidate for all purposes case nos. 02cv5575, 02cv5616, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, 02cv6564, and 02cv7080 filed on behalf of purchasers of the securities of AOL between 4/18/01 and 4/24/02, for an order to appoint movant Bronislav Leydiker, movant Artyom Leydiker, movant Michael Robin Breslow, movant Thomas Burnejko, movant Carol Burnejko, movant Gregory Burnejko, movant David Burnejko (the Leydiker Group) to serve as lead plaintiff(s) in the consolidated action, and for an order to approve Wolf Haldenstein Adler Freeman & Herz LLP, the law firm selected and retained by the Leydiker Lead Plaintiff Group, as Lead Counsel. No Return Date. Proposed order attached. Received in the night deposit box on 9/16/02 at 6:53 p.m. (sb) (Entered: 09/23/2002) 36 MEMORANDUM OF LAW by Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko in support of [35-1] motion for an order to consolidate for all purposes case nos. 02cv5575, 02cv5616, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, 02cv6564, and 02cv7080 filed on behalf of purchasers of the securities of AOL between 4/18/01 and 4/24/02, [35-2] motion for an order to appoint movant Bronislav Leydiker, movant Artyom Leydiker, movant Michael Robin Breslow, movant Thomas Burnejko, movant Carol Burnejko, movant Gregory Burnejko, movant David Burnejko (the Leydiker Group) to serve as lead plaintiff(s) in the consolidated action, [35-3] motion for an order to approve Wolf Haldenstein Adler Freeman & Herz LLP, the law firm selected and retained by the Leydiker Lead

23 Plaintiff Group, as Lead Counsel. Received in the night deposit box on 9/16/02 at 6:52 p.m. (sb) (Entered: 09/23/2002) 09/16/ DECLARATION of Fred Taylor Isquith by Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko in support of [35-1] motion for an order to consolidate for all purposes case nos. 02cv5575, 02cv5616, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, 02cv6564, and 02cv7080 filed on behalf of purchasers of the securities of AOL between 4/18/01 and 4/24/02, [35-2] motion for an order to appoint movant Bronislav Leydiker, movant Artyom Leydiker, movant Michael Robin Breslow, movant Thomas Burnejko, movant Carol Burnejko, movant Gregory Burnejko, movant David Burnejko (the Leydiker Group) to serve as lead plaintiff(s) in the consolidated action, [35-3] motion for an order to approve Wolf Haldenstein Adler Freeman & Herz LLP, the law firm selected and retained by the Leydiker Lead Plaintiff Group, as Lead Counsel. Received in the night deposit on 9/16/02 at 6:52 p.m. (sb) (Entered: 09/23/2002) 09/16/ Municipal Polilce Empmloyees Retirment System of Loouisiana and the Louisiana School Employees Retiremtn System NOTICE OF MOTION to consolidate cases, appointing above parties as lead plaintiffs ; approving firm of Pomerantz Haudek Block Grossman & Gross LLP as lead coounsel for all plaintiffs the Class ; Return Date not indicated. (djc) (Entered: 10/02/2002) 09/16/ Municipal Police Employees Retirement Sysem of Louisiana and the Louisiana School Employees Retiremtn Systems' MEMORANDUM OF LAW in support of [65-1] motion to consolidate cases, [65-2] motion appointing above parties as lead plaintiffs, [65-3] motion approving firm of Pomerantz Block Grossman & Gross LLP as lead counsel for all plaintiffs the Class. (djc) (Entered: 10/02/2002) 09/16/ DECLARATION of Gregory B. Linkh in support Re: [65-1] motion to consolidate cases, [65-2] motion appointing above as lead plaintiffs, [65-3] motion approving firm of Pomerantz Haudek Block Grossman & Gross LLP as lead for all plaintiffs the Class. (djc) (Entered: 10/02/2002) 09/16/ NOTICE OF MOTION to consolidate cases 5575, 5616, 5633, 5633, 5643, 5705, 5777, 5778, 5799, 5936, 5966, 6067, 6088, 6128, 6200m 6333, 6397, 6564 ; appointing Jenniver J. Fadem, John Loiudice, John MacDonald, Harold McClamrock, Thomas J. Puhek, Scott Spielberg and Tobak Capital as lead plaintiffs ; approving selection of Lovell Stewart Halebian LLP as lead counsel ; Return Date not entered. (djc) (Entered: 10/02/2002) 09/16/ MEMORANDUM OF LAW in support of [68-1] motion to consolidate cases 5575, 5616, 5633, 5633, 5643, 5705, 5777, 5778, 5799, 5936, 5966, 6067, 6088, 6128, 6200m 6333, 6397, 6564, [68-2] motion appointing Jenniver J. Fadem, John Loiudice, John MacDonald, Harold McClamrock, Thomas J. Puhek, Scott Spielberg and Tobak Capital as lead plaintiffs, [68-3] motion approving selection of Lovell Stewart Halebian LLP as lead counsel. (djc) (Entered: 10/02/2002) 09/17/ NOTICE OF MOTION by StoneRidge Invest., John C. Turner for an order, consolidating these related actions ; for an order, appointing StoneRidge and John Turner as Lead Pltffs ; for an order, approving StoneRidge and John Turner's

24 selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.LC to serve as Liaison Counsel and Law Offices Bernard M. Gross, P.C. to serve as Lead Counsel ; Return Date not indicated. (sac) (Entered: 09/23/2002) 09/17/ MEMORANDUM OF LAW by StoneRidge Invest., John C. Turner in support of [38-1] motion for an order, consolidating these related actions, [38-2] motion for an order, appointing StoneRidge and John Turner as Lead Pltffs, [38-3] motion for an order, approving StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.LC to serve as Liaison Counsel and Law Offices Bernard M. Gross, P.C. to serve as Lead Counsel. (sac) (Entered: 09/23/2002) 09/17/ AFFIDAVIT of Deborah R. Gross by StoneRidge Invest., John C. Turner in support of [38-1] motion for an order, consolidating these related actions, [38-2] motion for an order, appointing StoneRidge and John Turner as Lead Pltffs, [38-3] motion for an order, approving StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.LC to serve as Liaison Counsel and Law Offices Bernard M. Gross, P.C. to serve as Lead Counsel. (sac) (Entered: 09/23/2002) 09/17/ NOTICE OF MOTION by State Universities for an order, to consolidate all these related action ; for an order, to be appointed Lead Pltff in the consolidated securities class action ; and for an order, approve its selection and retention of Berman DeVaerio Pease Tabacco Burt & Pucillo as Lead Counsel ; Return Date not indicated. (sac) (Entered: 09/23/2002) 09/17/ MEMORANDUM OF LAW by State Universities in support of [41-1] motion for an order, to consolidate all these related action, [41-2] motion for an order, to be appointed Lead Pltff in the consolidated securities class action, [41-3] motion for an order, approve its selection and retention of Berman DeVaerio Pease Tabacco Burt & Pucillo as Lead Counsel (sac) (Entered: 09/23/2002) 09/17/ DECLARATION of Jeffrey C. Block by State Universities in support Re: [41-1] motion for an order, to consolidate all these related action, [41-2] motion for an order, to be appointed Lead Pltff in the consolidated securities class action, [41-3] motion for an order, approve its selection and retention of Berman DeVaerio Pease Tabacco Burt & Pucillo as Lead Counsel. (sac) (Entered: 09/23/2002) 09/17/ NOTICE OF MOTION by StoneRidge Invest., John C. Turner; for an order to consolidate cases of the above-refenced action, for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), for an order to approve StoneRidge and John Turner's selection of the law firm of Cohen, Milstein, Hausfeld & Toll, PLLC to serve os Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. No Return Date indicated. ( This document relates to member case 02 cv 6088). (gf) Modified on 09/23/2002 (Entered: 09/23/2002) 09/17/ MEMORANDUM OF LAW by StoneRidge Invest., John C. Turner in support of [44-1] motion for an order to consolidate cases of the above-refenced action, [44-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [44-3] motion for an order to approve StoneRidge and John Turner's selection of the law firm of Cohen, Milstein, Hausfeld & Toll, PLLC to serve os Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. (This document relates to all member cases). (gf) Modified on 09/23/2002 (Entered:

25 09/23/2002) 09/17/ /17/ /17/ AFFIDAVIT of Deborah R. Gross by StoneRidge Invest., John C. Turner in support of [44-1] motion for an order to consolidate cases of the above-refenced action, [44-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [44-3] motion for an order to approve StoneRidge and John Turner's selection of the law firm of Cohen, Milstein, Hausfeld & Toll, PLLC to serve os Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. (This document relates to all member cases). (gf) Modified on 09/23/2002 (Entered: 09/23/2002) 47 NOTICE OF MOTION by StoneRidge Invest., John C. Turner; for an order to consolidate cases in the above-refenced actions, for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), for an order to approve StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. No Return Date. (This document relates to member case 02 CV 6128). (gf) (Entered: 09/23/2002) 48 MEMORANDUM OF LAW by StoneRidge Invest., John C. Turner in support of [47-1] motion for an order to consolidate cases in the above-refenced actions, [47-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [47-3] motion for an order to approve StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. (This document relates to all member cases). (gf) (Entered: 09/23/2002) 09/17/ AFFIDAVIT of Deborah R. Gross by StoneRidge Invest., John C. Turner in support of [47-1] motion for an order to consolidate cases in the above-refenced actions, [47-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [47-3] motion for an order to approve StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. (This document relates to all member cases). (gf) (Entered: 09/23/2002) 09/17/ NOTICE OF MOTION by StoneRidge Invest., John C. Turner; for an order to consolidate cases in the above-refenced actions, for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), for an order to approve StoneRidge and Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC to serve as Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. No Return Date. (This document relates to member case 02 cv 6333). (gf) (Entered: 09/24/2002) 09/17/ MEMORANDUM OF LAW by StoneRidge Invest., John C. Turner in support of [50-1] motion for an order to consolidate cases in the above-refenced actions, [50-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [50-3] motion for an order to approve StoneRidge and Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC to serve as Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel.( This document relates to all member cases). (gf) (Entered: 09/24/2002) 09/17/ AFFIDAVIT of Deborah R. Gross by StoneRidge Invest., John C. Turner in support

26 of [50-1] motion for an order to consolidate cases in the above-refenced actions, [50-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [50-3] motion for an order to approve StoneRidge and Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC to serve as Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel.(This document is related to all member cases). (gf) (Entered: 09/24/2002) 09/17/ /17/ /17/ /17/ /17/ NOTICE OF MOTION by State Universities; for an order to consolidate all related actions, for an order to appoint movant State Universities to serve as lead plaintiff(s)in the consolidated securites class actions, for an order to approve its selection and retention of Berman, DeValerio, Pease, Tabacco, Burt and Pucillo as Lead Counsel. No Return Date indicated. (This document relates to all member cases). (gf) (Entered: 09/24/2002) 54 MEMORANDUM OF LAW by State Universities in support of [53-1] motion for an order to consolidate all related actions, [53-2] motion for an order to appoint movant State Universities to serve as lead plaintiff(s)in the consolidated securites class actions, [53-3] motion for an order to approve its selection and retention of Berman, DeValerio, Pease, Tabacco, Burt and Pucillo as Lead Counsel.(This document relates to all member cases). (gf) (Entered: 09/24/2002) 55 DECLARATION of Jeffrey C. Block by State Universities in support Re: [53-1] motion for an order to consolidate all related actions, [53-2] motion for an order to appoint movant State Universities to serve as lead plaintiff(s)in the consolidated securites class actions, [53-3] motion for an order to approve its selection and retention of Berman, DeValerio, Pease, Tabacco, Burt and Pucillo as Lead Counsel.(This document relates to all member cases). (gf) (Entered: 09/24/2002) 56 NOTICE OF MOTION by StoneRidge Invest., John C. Turner; for an order to consolidate cases in the above-referenced actions, for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), for an order to approve StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC to serve as Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel.No Return Date. (This document is related to case 02 cv 6397). (gf) (Entered: 09/24/2002) 57 MEMORANDUM OF LAW by StoneRidge Invest., John C. Turner in support of [56-1] motion for an order to consolidate cases in the above-referenced actions, [56-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [56-3] motion for an order to approve StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC to serve as Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel. (This document is related to all the member cases). (gf) (Entered: 09/24/2002) 09/17/ AFFIDAVIT of Deborah R. Gross by StoneRidge Invest., John C. Turner in support of [56-1] motion for an order to consolidate cases in the above-referenced actions, [56-2] motion for an order to appoint movant StoneRidge Invest., movant John C. Turner to serve as lead plaintiff(s), [56-3] motion for an order to approve StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC to serve as Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel.(This document is related to all the member cases). (gf) (Entered:

27 09/24/2002) 09/20/ /20/ /20/ /24/ /24/ NOTICE OF MOTION by StoneRidge Invest., John C. Turner; for an Order to consolidate cases 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6302, 02cv6333, 02cv6397 ; appointing StoneRidge and John Turner as Lead Plaintiffs ; approving StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. to serve as Liaison Counsel and Law Offices Bernard M. Gross, P.C to serve as Lead Counsel. Return Date not indicated. (jco) (Entered: 09/30/2002) 60 MEMORANDUM OF LAW by StoneRidge Invest., John C. Turner in support of [59-1] motion for an Order to consolidate cases 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6302, 02cv6333, 02cv6397, [59-2] motion appointing StoneRidge and John Turner as Lead Plaintiffs, [59-3] motion approving StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. to serve as Liaison Counsel and Law Offices Bernard M. Gross, P.C to serve as Lead Counsel. (jco) (Entered: 09/30/2002) 61 AFFIDAVIT of Deborah R. Gross by StoneRidge Invest., John C. Turner in support of [59-1] motion for an Order to consolidate cases 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6302, 02cv6333, 02cv6397, [59-2] motion appointing StoneRidge and John Turner as Lead Plaintiffs, [59-3] motion approving StoneRidge and John Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. to serve as Liaison Counsel and Law Offices Bernard M. Gross, P.C to serve as Lead Counsel. (jco) (Entered: 09/30/2002) 63 WAIVER OF SERVICE of S&C returned executed as to Stephen M. Case mailed on 8/16/02. Answer due on 10/15/02 for Stephen M. Case. (sac) (Entered: 10/02/2002) 64 WAIVER OF SERVICE of S&C returned executed as to J. Michael Kelly mailed on 8/15/02. Answer due on 10/15/02 for J. Michael Kelly. (sac) (Entered: 10/02/2002) 09/26/ ORDER; that any party wishing to file an opposition to the previously filed motions for lead plaintiff must file and serve such opposition no later than 10/7/02, with courtesy copies delivered directly to chambers ; that reply papers must be filed and served by 10/15/02, with courtesy copies delivered to chambers. ( signed by Judge Shirley W. Kram ); (jco) (Entered: 10/01/2002) 09/26/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (sb) (Entered: 10/03/2002) 10/03/ MEMORANDUM OF LAW by Ontario Teachers' in support of [21-1] motion for an Order consolidating case nos. 02cv5575, 02cv5616, 02cv5633, 02cv5643, 02cv5705, 02cv5777, 02cv5778, 02cv5799, 02cv5848, 02cv5936, 02cv5966, 02cv6067, 02cv6088, 02cv6128, 02cv6200, 02cv6333, 02cv6397, and 02cv6564, as well as any other related actions pending in this Court and any subsequently filed or transferred actions, [21-2] motion for an Order appointing movant Ontario Teachers', movant Policemen & Firemen to serve as lead plaintiff(s), [21-3] motion for an Order appointing the Public Retirement Funds' choice of counsel, the law firm of Bernstein Litowitz Berger & Grossmann LLP, as Lead Counsel. Received in the night deposit

28 box on 10/3/02 at 7:31 p.m. (sb) (Entered: 10/08/2002) 10/03/ MEMORANDUM OF LAW by Minnesota State in opposition to the Virginia Plaintiffs' Request to Defer Proceedings. (sb) (Entered: 10/08/2002) 10/04/ NOTICE of withdrawal of motion of State Universities Retirement System of Illinois for appt. as lead pltff and for approval of its selection of lead counsel. (sac) (Entered: 10/09/2002) 10/07/ MEMORANDUM OF LAW by Salomon Hami in support of [10-1] motion for an order, consolidating this action, [10-2] motion for an order, appointing Salomon Hami as Lead Pltff in the actions purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [10-3] motion for an order, approving Hami's selection of Lead Counsel. (rec'd in the night deposit box on 10/7/02 at 9:43 p.m.) (sac) (Entered: 10/15/2002) 10/07/ MEMORANDUM OF LAW by Amalgamated Bank in support of [29-1] motion for an order appointing movant Amalgamated Bank to serve as lead plaintiff(s), [29-2] motion for an order approving Amalgamated's selection of Milberg Weiss Bershad Hynes & Lerach LLP to serve as lead counsel; and in response to the other motions filed. (sac) (Entered: 10/15/2002) 10/07/ MEMORANDUM OF LAW by Minnesota State in opposition to Motions by Certain Class Members for appointment as Lead Pltffs and Approval of Lead Pltffs' choice of counsel. (sac) (Entered: 10/15/2002) 10/07/ RESPONSE BRIEF by John D. Beeson Sr. regarding the appointment of lead pltffs and lead counsel. (sac) (Entered: 10/15/2002) 10/08/ RESPONSE by AOL Time Warner to [21-3] motion for an Order appointing the Public Retirement Funds' choice of counsel, the law firm of Bernstein Litowitz Berger & Grossmann LLP, as Lead Counsel., [68-3] motion approving selection of Lovell Stewart Halebian LLP as lead counsel, [53-3] motion for an order to approve its selection and retention of Berman, DeValerio, Pease, Tabacco, Burt and Pucillo as Lead Counsel, [50-3] motion for an order to approve StoneRidge and Turner's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC to serve as Liaison Counsel and Law Offices Bernard M. Gross, PC to serve as Lead Counsel, [24-2] motion for an order approving its selection of the law firm Heins Mills & Olson, PLC as lead counsel for the plaintiff class, [10-3] motion for an order, approving Hami's selection of Lead Counsel (cd) (Entered: 10/16/2002) 10/11/ NOTICE of Withdrawal of Motion of the Leydiker Lead Plaintiff Group for appointment as lead Plaintiff and for Approval of its selection of lead counsel by Jennifer J. Fadem. (djc) (Entered: 10/22/2002) 10/15/ REPLY MEMORANDUM by Minnesota State in support re: [24-1] motion for an order appointing movant Minnesota State to serve as lead plaintiff(s), [24-2] motion for an order approving its selection of the law firm Heins Mills & Olson, PLC as lead counsel for the plaintiff class. Received in night deposit box on 10/15/02 at 4:59 p.m. (db) (Entered: 10/23/2002) 10/15/ REPLY MEMORANDUM by Salomon Hami in further support re: [10-1] motion for an order, consolidating this action, [10-2] motion for an order, appointing Salomon Hami as Lead Pltff in the actions purs. to Section 21D(a)(3)(B) of the Securities

29 Exchange Act of 1934, [10-3] motion for an order, approving Hami's selection of Lead Counsel. received in night deposit box on 10/15/02 at 4:59 p.m. (db) Modified on 10/23/2002 (Entered: 10/23/2002) 10/16/ NOTICE of Change of Address for counsel of record for Plaintiff Minnesota State Board of Investment; (djc) (Entered: 10/29/2002) 12/20/ CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL that pursuant to 28 U.S.C. 1407, the action(s) listed and pending outside of the Southern District of New York be transferred, and the same hereby are with the consent of that court, assigned to the Honorable Shirley W. Kram for coordinated or consolidated proceedings with the action(s) pending in that district. (gf) (Entered: 01/10/2003) 12/27/ NOTICE of Withdraw of Attorney Appearance of the firm of Emerson by Jennifer J. Fadem, Salomon Hami, Steven Schmalz, Mariam Antin, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj. (pl) (Entered: 12/31/2002) 01/08/ NOTICE of withdrawal of motion for consolidation, appointment as Lead Plaintiff, and Approval of Selection of Lead counsel by Amalgamated Bank. (pl) (Entered: 01/13/2003) 01/10/2003 Terminted all motions filed between 9/13/02 and 9/17/02 pursuant to instructions of Judge Kram as indicated on the CJRA report. - See MDL 1500 (rag) (Entered: 08/04/2003) 03/10/ NOTICE of change of firm name and address for counsel to plaintiff (djc) (Entered: 03/12/2003) 03/12/2003 Status Conference held before Judge Shirley W. Kram. (kw) (Entered: 03/21/2003) 03/21/ Memorandum to Docket Clerk: Status Conference held before Judge Shirley W. Kram on 3/12/03. (kw) (Entered: 03/21/2003) 05/16/ MEMORANDUM OF LAW of Defendant Myer Berlow in opposition to MSBI's Motion to partially lift the OSLRA Discovery Stay; (djc) (Entered: 06/04/2003) 05/19/ MEMORANDUM OF LAW by AOL Time Warner in opposition to MBSI's motion to lift the PSLRA discovery stay. (sb) (Entered: 05/21/2003) 05/19/ DECLARATION of Jeff E. Butler by AOL Time Warner in opposition to MSBI's motion partially to lift the PSLRA discovery stay. (sb) (Entered: 05/21/2003) 05/21/ Transcript of record of proceedings before Judge Shirley W. Kram for the date(s) of 3/12/03. (pr) (Entered: 05/21/2003) 05/28/ MEMORANDUM OF LAW by Ernst & Young, LLP in opposition to motion of lead securities plaintiff MSBI to partially lift discovery stay. (dle) (Entered: 06/04/2003) 07/03/ STIPULATION and ORDER, that motions to dismiss by the various parties shall be served on or before 7/14/03; MSBI's opposition brief or briefs shall be served on or before 9/29/03 and that dfts' reply briefs shall be served on or before 11/7/03; moving briefs for the AOL Time Warner dfts and for Ernst & Young shall not exceed 50

30 pages in length; briefs in opposition to those briefs shall not exceed 50 pages and reply briefs shall not exceed 25 pages in length. ( signed by Judge Shirley W. Kram ) (dle) (Entered: 07/07/2003) 07/14/ NOTICE OF MOTION by Stephen M. Case for an order purs to FRCP 9(b) and 12(b)(6) and 15 U.S.C. section 78u-4(b)(3)(a)dismissing the amended complaint. Return Date not indicated; (djc) (Entered: 07/15/2003) 07/14/ MEMORANDUM OF LAW by Stephen M. Case in support of [94-1] motion for an order purs to FRCP 9(b) and 12(b)(6) and 15 U.S.C. section 78u-4(b)(3)(a)dismissing the amended complaint. (djc) (Entered: 07/15/2003) 07/14/ DECLARATION of Robert M. Stern by Stephen M. Case in support Re: [94-1] motion for an order purs to FRCP 9(b) and 12(b)(6) and 15 U.S.C. section 78u- 4(b)(3)(a)dismissing the amended complaint. Oral Argument Requested; (djc) (Entered: 07/15/2003) 07/14/ NOTICE OF MOTION by Ernst & Young, LLP for an order dismissing the amended consolidated class action complaint of Lead Plaintiff Minnesota State Board of Investment on Behalf of Purchaser and Acquirers of America Online, Inc and AOL Time Warner, Inc. Publicly Traded Securities in its entirety with prejudice ; Return Date not indicated; (djc) (Entered: 07/15/2003) 07/14/ DECLARATION of Holly K. Kulka by Ernst & Young, LLP in support Re: [97-1] motion for an order dismissing the amended consolidated class action complaint of Lead Plaintiff Minnesota State Board of Investment on Behalf of Purchaser and Acquirers of America Online, Inc and AOL Time Warner, Inc. Publicly Traded Securities in its entirety with prejudice. (djc) (Entered: 07/15/2003) 07/14/ MEMORANDUM OF LAW by Ernst & Young, LLP in support of [97-1] motion for an order dismissing the amended consolidated class action complaint of Lead Plaintiff Minnesota State Board of Investment on Behalf of Purchaser and Acquirers of America Online, Inc and AOL Time Warner, Inc. Publicly Traded Securities in its entirety with prejudice. (djc) (Entered: 07/15/2003) 07/14/ NOTICE OF MOTION by David M. Colburn for an order dismissing complaint against him with prejudice ; Return Date not indicated (djc) (Entered: 07/15/2003) 07/14/ MEMORANDUM OF LAW by David M. Colburn in support of [100-1] motion for an order dismissing complaint against him with prejudice. (djc) (Entered: 07/15/2003) 07/14/ Defendant Eric Keller's NOTICE OF MOTION to dismiss plaintiffs' consolidated amended class action complaint (Counts Six and Eighteen) ; Return Date not indicated; (djc) (Entered: 07/15/2003) 07/14/ MEMORANDUM OF LAW in support of [102-1] motion to dismiss plaintiffs' consolidated amended class action complaint (Counts Six and Eighteen). (djc) (Entered: 07/15/2003) 07/14/ NOTICE OF MOTION by Steven Rindner for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing count eighteen of the amended complaint. Memorandum in Support attached. Return Date 11/7/03. (db) (Entered: 07/21/2003) 07/14/ NOTICE OF MOTION by Steven Rindner for an order purs. to Rule 1.3(c) of the

31 FRCP permitting Mark J. Hulkower to appear pro hac vice, and permitting Brian M. Heberlig to appear pro hac vice. No Return Date indicated. (db) (Entered: 07/21/2003) 07/14/ NOTICE OF MOTION by Jennifer J. Fadem, AOL Time Warner, Stephen M. Case, Wayne H. Pace, J. Michael Kelly, Ernst & Young, LLP, Mark Bluesein, Salomon Hami, McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia, Aol Time Warner, Inc, John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont, Steven Schmalz, Richard Parsons, Gerald M. Levin, Mariam Antin, American Online, Inc, Robert W. Pittman, Mark Bluestein, David M. Colburn, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Richard Parsons, Gerald M. Levin, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Ontario Teachers', Policemen & Firemen, Minnesota State, Amalgamated Bank, Neil McCarty, Carmelo Manganaro, Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko, StoneRidge Invest., John C. Turner, State Universities, Steven Rindner, Time Warner Inc., Daniel F. Akerson, James W. Barge, Stephen F. Bollenbach, Paul T. Cappuccio, Frank J. Caufield, Miles R. Gilburne, Kenneth J. Novack, Franklin D. Raines, Joseph A. Ripp, Barry Schuler for an order purs. to Rule 9(b) and 12(b)(6) of the FRCP disnissing the amended complaint. Oral argument requested. No Return Date indicated. Received in night deposit box on 7/14/03 at 9:19 p.m. (db) Modified on 07/21/2003 (Entered: 07/21/2003) 07/14/ MEMORANDUM OF LAW by Jennifer J. Fadem, AOL Time Warner, Stephen M. Case, Wayne H. Pace, J. Michael Kelly, Ernst & Young, LLP, Mark Bluesein, Salomon Hami, McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia, Aol Time Warner, Inc, John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont, Steven Schmalz, Richard Parsons, Gerald M. Levin, Mariam Antin, American Online, Inc, Robert W. Pittman, Mark Bluestein, David M. Colburn, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Richard Parsons, Gerald M. Levin, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Ontario Teachers', Policemen & Firemen, Minnesota State, Amalgamated Bank, Neil McCarty, Carmelo Manganaro, Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko, StoneRidge Invest., John C. Turner, State Universities, Steven Rindner, Time Warner Inc., Daniel F. Akerson, James W. Barge, Stephen F. Bollenbach, Paul T. Cappuccio, Frank J. Caufield, Miles R. Gilburne, Kenneth J. Novack, Franklin D. Raines, Joseph A. Ripp, Barry Schuler in support of [110-1] motion for an order purs. to Rule 9(b) and 12(b)(6) of the FRCP dismissing the amended complaint. Received in night deposit box on 7/14/03 at 9:19 p.m. (db) (Entered: 07/21/2003) 07/14/ DECLARATION of Jeff E. Butler by Jennifer J. Fadem, AOL Time Warner, Stephen M. Case, Wayne H. Pace, J. Michael Kelly, Ernst & Young, LLP, Mark Bluesein, Salomon Hami, McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia, Aol Time Warner, Inc, John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont, Steven Schmalz, Richard Parsons, Gerald M. Levin, Mariam Antin, American Online, Inc, Robert W. Pittman, Mark Bluestein, David M. Colburn,

32 Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Richard Parsons, Gerald M. Levin, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Ontario Teachers', Policemen & Firemen, Minnesota State, Amalgamated Bank, Neil McCarty, Carmelo Manganaro, Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko, StoneRidge Invest., John C. Turner, State Universities, Steven Rindner, Time Warner Inc., Daniel F. Akerson, James W. Barge, Stephen F. Bollenbach, Paul T. Cappuccio, Frank J. Caufield, Miles R. Gilburne, Kenneth J. Novack, Franklin D. Raines, Joseph A. Ripp, Barry Schuler Re: [110-1] motion for an order purs. to Rule 9(b) and 12(b)(6) of the FRCP dismissing the amended complaint. Received in night deposit box on 7/14/03 at 9:20 p.m. EXHIBITS VOLUME I. (db) (Entered: 07/21/2003) 07/14/ DECLARATION of Jeff E. Butler by Jennifer J. Fadem, AOL Time Warner, Stephen M. Case, Wayne H. Pace, J. Michael Kelly, Ernst & Young, LLP, Mark Bluesein, Salomon Hami, McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia, Aol Time Warner, Inc, John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont, Steven Schmalz, Richard Parsons, Gerald M. Levin, Mariam Antin, American Online, Inc, Robert W. Pittman, Mark Bluestein, David M. Colburn, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Richard Parsons, Gerald M. Levin, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Ontario Teachers', Policemen & Firemen, Minnesota State, Amalgamated Bank, Neil McCarty, Carmelo Manganaro, Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko, StoneRidge Invest., John C. Turner, State Universities, Steven Rindner, Time Warner Inc., Daniel F. Akerson, James W. Barge, Stephen F. Bollenbach, Paul T. Cappuccio, Frank J. Caufield, Miles R. Gilburne, Kenneth J. Novack, Franklin D. Raines, Joseph A. Ripp, Barry Schuler Re: [110-1] motion for an order purs. to Rule 9(b) and 12(b)(6) of the FRCP dismissing the amended complaint. EXHIBITS VOLUME II. Received in night deposit box on 7/14/03 at 9:20 p.m. (db) (Entered: 07/21/2003) 07/14/ DECLARATION of Jeff E. Butler by Jennifer J. Fadem, AOL Time Warner, Stephen M. Case, Wayne H. Pace, J. Michael Kelly, Ernst & Young, LLP, Mark Bluesein, Salomon Hami, McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia, Aol Time Warner, Inc, John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont, Steven Schmalz, Richard Parsons, Gerald M. Levin, Mariam Antin, American Online, Inc, Robert W. Pittman, Mark Bluestein, David M. Colburn, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Richard Parsons, Gerald M. Levin, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Ontario Teachers', Policemen & Firemen, Minnesota State, Amalgamated Bank, Neil McCarty, Carmelo Manganaro, Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko, StoneRidge Invest., John C. Turner, State Universities, Steven Rindner, Time Warner Inc., Daniel F. Akerson, James W. Barge, Stephen F. Bollenbach, Paul T. Cappuccio, Frank J. Caufield, Miles R. Gilburne, Kenneth J. Novack, Franklin D. Raines, Joseph A. Ripp, Barry Schuler Re: [110-1] motion for an order purs. to Rule 9(b) and 12(b)(6) of the FRCP

33 disnissing the amended complaint. EXHIBITS VOLUME III. Received in night deposit box on 7/14/03 at 9:20 p.m. (db) (Entered: 07/21/2003) 07/14/ DECLARATION of Jeff E. Butler by Jennifer J. Fadem, AOL Time Warner, Stephen M. Case, Wayne H. Pace, J. Michael Kelly, Ernst & Young, LLP, Mark Bluesein, Salomon Hami, McClure Family Trust, Gary J. Tweed, Arlene Swenson, Thomas Cerchia, Aol Time Warner, Inc, John D. Beeson Sr., Robert C. Daniels, Adnan Elassir, James Belmont, Steven Schmalz, Richard Parsons, Gerald M. Levin, Mariam Antin, American Online, Inc, Robert W. Pittman, Mark Bluestein, David M. Colburn, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Richard Parsons, Gerald M. Levin, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Ontario Teachers', Policemen & Firemen, Minnesota State, Amalgamated Bank, Neil McCarty, Carmelo Manganaro, Bronislav Leydiker, Artyom Leydiker, Michael Robin Breslow, Thomas Burnejko, Carol Burnejko, Gregory Burnejko, David Burnejko, StoneRidge Invest., John C. Turner, State Universities, Steven Rindner, Time Warner Inc., Daniel F. Akerson, James W. Barge, Stephen F. Bollenbach, Paul T. Cappuccio, Frank J. Caufield, Miles R. Gilburne, Kenneth J. Novack, Franklin D. Raines, Joseph A. Ripp, Barry Schuler Re: [110-1] motion for an order purs. to Rule 9(b) and 12(b)(6) of the FRCP disnissing the amended complaint. EXHIBITS VOLUME IV. Received in night deposit box on 7/14/03 at 9:21 p.m. (db) (Entered: 07/21/2003) 07/15/ NOTICE OF MOTION by dft Myer Berlow for an order granting dft's motion to dismiss the amended complaint with prejudice as against him pursuant to Rules 9(b) and 12(b) of the FRCP and the PSLRA. Return Date not indicated. (dle) (Entered: 07/16/2003) 07/15/ MEMORANDUM OF LAW by Myer Berlow in support of [104-1] motion for an order granting dft's motion to dismiss the amended complaint with prejudice as against him pursuant to Rules 9(b) and 12(b) of the FRCP and the PSLRA. (dle) (Entered: 07/16/2003) 07/15/ NOTICE OF MOTION, by deft Morgan Stanley & Co. to dismiss claims four and seventeen of the Amended Complaint ; Return Date 11/6/03 at 2:00. (cd) (Entered: 07/16/2003) 07/15/ MEMORANDUM OF LAW, of Morgan Stanley & Co., in support of [106-1] motion to dismiss claims four and seventeen of the Amended Complaint. (cd) (Entered: 07/16/2003) 07/21/ /21/ /25/ /25/ NOTICE OF MOTION by Stephen M. Case for Bruce A. Hiler to appear pro hac vice for deft Case ; Return Date 5/23/02 not indicated (cd) (Entered: 07/30/2003) 117 NOTICE OF MOTION by Stephen M. Case for Ronadl A. Klain to appear pro hac vice for deft Case ; Return Date not indicated (cd) (Entered: 07/30/2003) 118 RULE 7.1 CERTIFICATE filed by Ernst & Young, LLP. (moc) (Entered: 07/30/2003) MEMORANDUM OPINION #88802, Lead Plaintiff Minnesota State Board of Investment has not demonstrated that exceptional circumstances are present in this case requiring production of documents previously produced to various government

34 agencies, and the application to lift the PSLRA automatic stay of discovery pending resolution of the motion to dismiss is therefore denied. ( signed by Judge Shirley W. Kram ); Copies mailed by Chambers. ORIGINAL DOCUMENT ENTERED IN CASE #02 MDL 1500, DOC. #23. (tp) (Entered: 08/01/2003) 07/29/2003 Letter filed by AOL Time Warner Inc. addressed to Judge Kram and Judge Baer from Evan Chesler, dated 7/28/03, re: Relatedness; The ptff. in Stichting, 03cv4934(HB), is a member of the putative class in In re AOL Time Warner, 02md1500(SWK) & 02cv5575(SWK) and the substantive allegations and legal claims in the two actions are virtually identical. Accordingly, we believe that Stichting is related to In Re AOL Time Warner & should be reassigned to Judge Kram for all purposes. This Document relates to & ORIGINAL DOCUMENT ENTERED IN CASE #02- MDL-1500, DOC. #29. (tp) (Entered: 08/01/2003) 07/31/ AFFIDAVIT OF SERVICE of Rule 7.1 statement by not specified on 7/29/03.. (cd) (Entered: 08/04/2003) 08/18/ ORDER, granting [117-1] motion for Ronadl A. Klain to appear pro hac vice for deft Case. ( signed by Judge Shirley W. Kram ); (Sent to the Attorney Admissions Clerk). (kw) (Entered: 08/19/2003) 08/19/ ORDER, that the Court is granting the [116-1] motion for Bruce A. Hiler to appear pro hac vice for deft Case. ( signed by Judge Shirley W. Kram ). FORWARDED DOCUMENT TO ATTORNEY ADMISSIONS CLERK. (tp) Modified on 08/20/2003 (Entered: 08/20/2003) 11/06/ STIPULATION and ORDER, Defts' Reply to Response to Motion reset for 11/14/03 re: [106-1] motion to dismiss claims four and seventeen of the Amended Complaint, for 11/14/03 re: motion for an order granting dft's motion to dismiss the amended complaint with prejudice as against him pursuant to Rules 9(b) and 12(b) of the FRCP and the PSLRA, for re: [110-1] motion for an order purs. to Rule 9(b) and 12(b)(6) of the FRCP disnissing the amended complaint, for 11/14/03 re: [108-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing count eighteen of the amended complaint, for 11/14/03 re: [102-1] motion to dismiss plaintiffs' consolidated amended class action complaint (Counts Six and Eighteen), for 11/14/03 re: [100-1] motion for an order dismissing complaint against him with prejudice, for 11/14/03 re: [97-1] motion for an order dismissing the amended consolidated class action complaint of Lead Plaintiff Minnesota State Board of Investment on Behalf of Purchaser and Acquirers of America Online, Inc and AOL Time Warner, Inc. Publicly Traded Securities in its entirety with prejudice, for 11/14/03 re: [94-1] motion for an order purs to FRCP 9(b) and 12(b)(6) and 15 U.S.C. section 78u-4(b)(3)(a)dismissing the amended complaint. ( signed by Judge Shirley W. Kram ); copies sent by Chambers (cd) (Entered: 11/18/2003) 11/13/ AFFIDAVIT OF SERVICE of the Summons and Amended Complaint. Service was accepted by J.P. Morgan Securities Ltd. c/o JP Morgan Chase. Service was made by Marjorie Joseph, Legal Coordinator. Document filed by Mariam Antin, Mark Bluestein, Delbert Currens, Barbara Dietel, Jennifer J. Fadem, Harriet Goldstein, Ernest Hack, Salomon Hami, Harvey Matcovsky, Jack L. McBride, Earl Mikolitch, John Pleggenkuhle, Howard Rosengarten, Alan Russo, Vardan Sarkisov, Steven Schmalz, Prena Smajlaj, Sherry Weindorf. (ae, ) (Entered: 12/04/2003)

35 11/14/ REPLY MEMORANDUM by Jennifer J. Fadem in support re: [108-1] motion for an order pursuant to Rules 9(b) and 12(b)(6) of the FRCP dismissing count eighteen of the amended complaint. (jco) (Entered: 11/19/2003) 11/14/ NOTICE OF MOTION by Stephen M. Case, for leave to file to file a memorandum of law in reply to memorandum of Lead Plaintiff MSBI in opposition to Stephen M. Case's motion to dismiss the amended consolidated class action complaint. No Return Date. (kw) (Entered: 11/19/2003) 11/14/ DECLARATION of Rachel G. Skaistis by AOL Time Warner. (kw) (Entered: 11/19/2003) 11/14/ REPLY MEMORANDUM by AOL Time Warner defendants motion to dismiss the amended consolidated class action complaint. (kw) (Entered: 11/19/2003) 11/14/ REPLY MEMORANDUM of law in further support of defendant Myer Berlow's motion to dismiss the complaint against him. (Rec. in the night deposit box). (kw) (Entered: 11/19/2003) 11/14/ REPLY MEMORANDUM by Stephen M. Case re: [94-1] motion for an order purs to FRCP 9(b) and 12(b)(6) and 15 U.S.C. section 78u-4(b)(3)(a)dismissing the amended complaint. (kw) (Entered: 11/19/2003) 11/14/ REPLY MEMORANDUM by Ernst & Young LLP in support re: [97-1] motion for an order dismissing the amended consolidated class action complaint of Lead Plaintiff Minnesota State Board of Investment on Behalf of Purchaser and Acquirers of America Online, Inc and AOL Time Warner, Inc. Publicly Traded Securities in its entirety with prejudice. (ae) (Entered: 11/22/2003) 11/14/ REPLY by Ernst & Young LLP to response to [97-1] motion for an order dismissing the amended consolidated class action complaint of Lead Plaintiff Minnesota State Board of Investment on Behalf of Purchaser and Acquirers of America Online, Inc and AOL Time Warner, Inc. Publicly Traded Securities in its entirety with prejudice (ae) (Entered: 11/22/2003) 11/14/ REPLY by David M. Colburn to response to [100-1] motion for an order dismissing complaint against him with prejudice (ae) (Entered: 11/22/2003) 11/14/ REPLY MEMORANDUM by Eric Keller in support re: [102-1] motion to dismiss plaintiffs' consolidated amended class action complaint (Counts Six and Eighteen). (ae) (Entered: 11/22/2003) 11/18/ STIPULATION and ORDER, leave is granted to Mr. Colburn to file an oversized reply brief, no greater than twenty-five pages in length for leave to file an oversized brief no greater than twenty-five pages in length. ( signed by Judge Shirley W. Kram ); Copies mailed by Chambers; (djc) (Entered: 11/19/2003) 11/18/ Memo endorsed on motion; granting [124-1] motion for leave to file to file a memorandum of law in reply to memorandum of Lead Plaintiff MSBI in opposition to Stephen M. Case's motion to dismiss the amended consolidated class action complaint. ( signed by Judge Shirley W. Kram ); Copies mailed by Chambers. (yv) (Entered: 11/21/2003) 01/26/ MOTION for an Order to Withdraw as counsel. Document filed by Jennifer J. Fadem,

36 Salomon Hami. (jco, ) (Entered: 02/02/2004) 02/02/ ORDER granting 136 Motion to Withdraw. The Motion to withdraw as Counsel in these proceedings by the Berger firm is hereby granted without prejudice or costs to any party.(signed by Judge Shirley Wohl Kram on 1/29/04) Copies Mailed By Chambers.(sac, ) (Entered: 02/06/2004) 05/05/ OPINION AND ORDER #90053; re: Court grants in part and denies in part the motion to dismiss of AOL Time Warner, the individual defendants, Ernst & Young, Morgan Stanley & Co., and the Bond Underwriters. All claims based on the bond offerings are dismissed with prejudice. All claims against Morgan Stanley & Co. are dismissed with prejudice. With respect to the remaining dismissed claims, the Court provides plaintiff the opportunity to cure the defects of those claims. Accordingly, the plaintiff may submit to the Court, no later than 6/3/04 a proposed Second Amended Complaint. The Second Amended Complaint shall be accompanied by a Memorandum of Law indicating how the defects in the Amended Complaint have been cured. Thereafter, the Court will either grant leave to amend, or enter an Order dismissing the still defective portions of the Complaint with prejudice. (Signed by Judge Shirley Wohl Kram on 5/5/04) (sac, ) (Entered: 05/05/2004) 05/27/2004 STIPULATION AND ORDER. It is hereby agreed by & between counsel for MSBI & counsel for Defts. that Defts' time to answer the Complaint is hereby extended until 6/15/04. Original document filed in case #02md1500, document #32. (Signed by Judge Shirley Wohl Kram on 5/26/04) (dle, ) (Entered: 06/02/2004) 06/03/ MOTION for an Order granting Leave to File Second Amended Complaint. Document filed by Minnesota State Board of Investments. Proposed Order and Proposed Copy of Second Amended Complaint are attached. (tp, ) (Entered: 06/04/2004) 06/03/ MEMORANDUM OF LAW in Support re: 139 MOTION for Leave to File Second Amended Complaint. Document filed by Minnesota State Board of Investments. (tp, ) (Entered: 06/04/2004) 06/08/ SECOND AMENDED COMPLAINT against all defendants.document filed by Minnesota State Board of Investments.(cd, ) (Entered: 06/09/2004) 06/16/ STIPULATION AND ORDER: defendants shall file any opposition to MSBI's motion to amend by 6/28/04; plaintiffmsbi shall reply by 7/15/04; defendants time to answer is extended to and including three weeks after the date when this Court issues a decision resolving the motion to amend. (Signed by Judge Shirley Wohl Kram on 6/16/04) Copies Mailed by Chambers.(db, ) (Entered: 06/18/2004) 06/16/2004 Set/Reset Deadlines as to 139 MOTION for Leave to File Second Amended Complaint. Responses due by 6/28/2004 Replies due by 7/15/2004. (db, ) (Entered: 06/18/2004) 07/01/ STIPULATION AND ORDER, defts shall file any opposition to MSBI's Motion to Amend by 7/2/04, plntf MSBI shall have the opportunity to file a reply by 7/26/04 to any opposition to MSBI's motion to amend; and defts' time to answer the complaint is extended to and including three weeks after the date when this court issues a decision resolving the motion to amend. (Signed by Judge Shirley Wohl Kram on 6/30/04)(cd, ) (Entered: 07/06/2004)

37 07/02/ /02/ MEMORANDUM OF LAW in Opposition re: 139 MOTION for Leave to File Second Amended Complaint. Document filed by Steven Rindner. (db, ) (Entered: 07/06/2004) 145 MEMORANDUM OF LAW in Opposition re: 139 MOTION for Leave to File Second Amended Complaint, fld by deft Myer Berlow. (cd, ). (Entered: 07/08/2004) 07/02/ MEMORANDUM OF LAW in Support of defts' opposition to plntf's motion for leave to file its Second Amendd Complaint. Document filed by AOL Time Warner, Inc. et al. (cd, ) (Entered: 07/08/2004) 07/02/ MEMORANDUM OF LAW in Opposition re: 139 MOTION for Leave to File Second Amended Complaint. Document filed by Stephen M. Case. (cd, ) (Entered: 07/08/2004) 07/26/ REPLY MEMORANDUM OF LAW in Support re: 139 MOTION for Leave to File Second Amended Complaint.. Document filed by Minnesota State Board of Investments. (rag, ) (Entered: 07/26/2004) 07/29/ ENDORSED LETTER addressed to Judge Shirley Wohl Kram Peter T. Barbur dated 7/26/04. The defendants' request to file a summary judgment motion on the issue of loss causation is granted. Because the motion has the potential to be dispositive, filing at this time is the best way to conserve judicial resources. Additionally, because of the procedural differences between a motion to dismiss and a motion for summary judgment, the forthcoming summary judgment motion should not be duplicative. After the defendants have filed this motion, the Court expects that the parties will agree on an appropriate briefing/discovery schedule for the motion. (Signed by Judge Shirley Wohl Kram on 7/29/04) Copies Mailed By Chambers.(kw, ) (Entered: 07/30/2004) 07/30/ MOTION for Summary Judgment purs to FRCP Document filed by AOL Time Warner, Inc., American Online, Inc. et al. Filed In Associated Cases: 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02- cv swk,1:02-cv swk, 1:02-cv SWK,1:02-cv SWK(cd, ) (Entered: 08/03/2004) 07/30/ AFFIRMATION of Peter Barbur in Support re: 150 MOTION for Summary Judgment. Document filed by AOL Time Warner, Inc., American Online, Inc. et al. (cd, ) (Entered: 08/03/2004) 07/30/ AFFIDAVIT of Allan Kleidon in Support re: 150 MOTION for Summary Judgment.. Document filed by AOL Time Warner, Inc., American Online, Inc.. (cd, ) (Entered: 08/03/2004) 07/30/ RULE 56.1 STATEMENT. Document filed by AOL Time Warner, Inc., American Online, Inc. (cd, ) (Entered: 08/03/2004) 07/30/ MEMORANDUM OF LAW in Support re: 150 MOTION for Summary Judgment. Document filed by AOL Time Warner, Inc., American Online, Inc. (cd, ) (Entered: 08/03/2004) 08/11/ OPINION AND ORDER # 90480: 139 MOTION for Leave to File Second Amended Complaint is GRANTED. After having the deficiencies in the amended complaint

38 explicitely identified, the plaintiff was given an opportunity to cure them. With respect to defendants Novack, Paesons, Schuler and Berlow, it chose not to do so. Accordingly, the claims against those individuals are dismissed with prejudice. MSBI's Final Amended Complaint should be filed with the Court as further set forth in said Order, no later than fifteen (15) days after the entry of this Order. (Signed by Judge Shirley Wohl Kram on 8/11/04) (db, ) (Entered: 08/16/2004) 08/23/ SECOND AMENDED COMPLAINT amending 70 Complaint against AOL Time Warner, Inc., American Online, Inc., Stephen M. Case, David M. Colburn, Ernst & Young LLP, Eric Keller, J. Michael Kelly, Gerald M. Levin, Wayne H. Pace, Robert W. Pittman.Document filed by Minnesota State Board of Investments. Related document: 70 Complaint.(sac, ) (Entered: 08/24/2004) 09/15/ ORDER re: 150 MOTION for Summary Judgment.MBI must file any opposition papers and affidavits opposing the motion by 10/4/2004; the AOLTW defts must file any reply and/or affidavits by 10/25/2004; the Court will not staydiscovery unrelated to the summary judgment motion; the parties are instructed to continue exchanging all merits-related discovery. (Signed by Judge Denise L. Cote on 9/14/2004) Filed In Associated Cases: 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02- cv swk,1:02-cv swk(jp, ) (Entered: 09/17/2004) 09/30/ STIPULATION AND ORDER; defendants' time in which to answer the SAC is hereby extended to and including October 15, 2004; (Signed by Judge Shirley Wohl Kram on 09/22/04) copies mailed.(djc, ) (Entered: 10/04/2004) 09/30/ SCHEDULING ORDER: re plntf's request to amend the summary jugment motion: Responses due by 11/4/2004 Replies due by 11/29/2004. (Signed by Judge Shirley Wohl Kram on 9/29/04) Filed In Associated Cases: 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02- cv swk,1:02-cv swk,1:02-cv swk,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02-cv SWK copies sent by chambers.(cd, ) (Entered: 10/04/2004) 09/30/ ORDER: pursuant to Rule 53 of the FRCP, the Court appoints Paul D. Wachter, Esq. as Special Master for the purpose of coordinating and supervising the discovery in this litigation as further set forth in said Order. (Signed by Judge Shirley Wohl Kram on 9/22/04) Copies Mailed by Chambers.(db, ) (Entered: 10/04/2004) 10/14/ STIPULATION AND ORDER; Defendants' time in which to answer the SAC is hereby extended to and including Novmeber 15, 2004; (Signed by Judge Shirley Wohl Kram on 10/13/04) (djc, ) (Entered: 10/19/2004) 10/14/2004 Set Answer Due Date purs. to 161 Stipulation and Order as to AOL Time Warner, Inc. answer due on 11/15/2004; Stephen M. Case answer due on 11/15/2004; Ernst & Young LLP answer due on 11/15/2004; Ernst & Young, LLP answer due on 11/15/2004; Eric Keller answer due on 11/15/2004; J. Michael Kelly answer due on 11/15/2004; Wayne H. Pace answer due on 11/15/2004. (djc, ) (Entered: 10/19/2004) 10/28/ ORDER re Ernst & Young's obection to the appointment of Paul D. Wachter as special master in this case, the Court finds it to be without merit and by this order the appointment is final. (Signed by Judge Shirley Wohl Kram on 10/27/04) (cd, )

39 (Entered: 10/28/2004) 10/28/ MOTION for Charles R. Jaeger And Robert B. Hubbell to Appear Pro Hac Vice. Document filed by Ernst & Young LLP. (jmi, ) (Entered: 10/29/2004) 11/04/ MEMORANDUM OF LAW in Support of its opposition to the AOLTW defendants' motion for summay judgment on loss causation. Document filed by Minnesota State Board of Investments. (jco, ) (Entered: 11/12/2004) 11/04/ /04/ /04/ /04/ /04/ AFFIDAVIT of M. Laurentius Marais, Ph.D. (jco, ) (Entered: 11/12/2004) 166 AFFIDAVIT of Scott D. Hakala, Ph.D. (jco, ) (Entered: 11/12/2004) 167 RULE 56.1 STATEMENT. Document filed by Minnesota State Board of Investments. (jco, ) (Entered: 11/12/2004) 168 AFFIDAVIT of Lori A. Johnson. (jco, ) (Entered: 11/12/2004) 170 DECLARATION of Alan I. Gilbert in Support of Lead Plaitniff MSBI's Opposition to the AOLTW Defendants' Motion for Summary Judgment on Loss Causation. (djc, ) (Entered: 11/19/2004) 11/12/ MEMORANDUM OF LAW in Support of its Opposition to the AOLTW Defendants' Motion for summary judgment on loss causation (AS Corrected). Document filed by Minnesota State Board of Investments. (sac, ) (Entered: 11/16/2004) 11/19/ STIPULATION AND ORDER: defendants time to answer the Second Amended Complaint is extended to 11/22/04. (Signed by Judge Shirley Wohl Kram on 11/19/04) Copies Mailed by Chambers.(db, ) (Entered: 11/22/2004) 11/19/2004 Set Answer Due Date re: 156 Amended Complaint, as to AOL Time Warner, Inc. answer due on 11/22/2004; Paul T. Cappuccio answer due on 11/22/2004; J. Michael Kelly answer due on 11/22/2004; Gerald M. Levin answer due on 11/22/2004; Kenneth J. Novack answer due on 11/22/2004; Wayne H. Pace answer due on 11/22/2004; Robert W. Pittman answer due on 11/22/2004; Joseph A. Ripp answer due on 11/22/2004; Time Warner Inc. answer due on 11/22/2004. (db, ) (Entered: 11/22/2004) 11/29/ STIPULATION AND ORDER; that Time Warner dft's time in which to file any reply papers and affidavits is hereby extended to and including 12/20/04. (Signed by Judge Shirley Wohl Kram on 11/29/04) Copies Mailed By Chambers.(pl, ) (Entered: 11/30/2004) 11/29/ ENDORSED LETTER addressed to Judsge Kram from Samuel D. Heins dated 11/23/04 re: counsel writes to clarify a couple of points raised by William Lerach's letter to the Court dated Novmeber 19, 2004; Lead Plaintiff MSBI is permitted to file a motion seeking the relief indicated in its November 16, 2004 letter to the Court. The briefing schedule for the motion is as follows: MSBI's motion and supporting papers are due by 12/20/04; Mr. Lerach's opposition is due by 01/10/05; MSBI's reply, if any, is due January 17, (Signed by Judge Shirley Wohl Kram on 11/29/04) (djc, ) (Entered: 12/02/2004) 11/29/ STIPULATION AND ORDER that Defendants' time in which to answer the SAC is hereby extended to and including 12/15/04. (Signed by Judge Shirley Wohl Kram on

40 11/21/04) (ae, ) (Entered: 12/06/2004) 12/20/ REPLY MEMORANDUM OF LAW in Support re: 150 MOTION for Summary Judgment. Document filed by AOL Time Warner, Inc., American Online, Inc., Paul T. Cappuccio, J. Michael Kelly, Gerald M. Levin, Kenneth J. Novack, Wayne H. Pace, Robert W. Pittman, Time Warner Inc. (kkc, ) (Entered: 12/27/2004) 12/20/ REPLY AFFIDAVIT of Allan W. Kleidon in Support re: 150 MOTION for Summary Judgment. Document filed by AOL Time Warner, Inc., American Online, Inc., Paul T. Cappuccio, J. Michael Kelly, Gerald M. Levin, Kenneth J. Novack, Wayne H. Pace, Robert W. Pittman, Time Warner Inc. (kkc, ) (Entered: 12/27/2004) 12/20/ MOTION for judicial relief related to improper communications to putative class members by William Lerach et al. Document filed by Minnesota State Board of Investments. (cd, ) (Entered: 01/04/2005) 12/20/ DECLARATION of Lori Johnson in Support re: 177 MOTION for judicial relief related to improper communications to putative class members by William Lerach et al. Document filed by Minnesota State Board of Investments. (cd, ) (Entered: 01/04/2005) 12/20/ MEMORANDUM OF LAW in Support re: 177 MOTION for judicial relief related to improper communications to putative class members by William Lerach et al. Document filed by Minnesota State Board of Investments.(cd, ) (Entered: 01/04/2005) 12/22/ STIPULATION AND ORDER; Defendants' time in which to answer the summons and complaint is hereby extended to and including January 17, (Signed by Judge Shirley Wohl Kram on 12/22/04) (djc, ) (Entered: 01/05/2005) 01/10/ MEMORANDUM OF LAW in Opposition re: 177 MOTION for judicial relief related to improper communications to putative class members by William Lerach et al.. Document filed by Steven Schmalz, Jennifer J. Fadem, Mariam Antin, Mark Bluestein, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, Prena Smajlaj, Minnesota State Board of Investments, Salomon Hami. Filed In Associated Cases: 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02- cv swk(dle, ) (Entered: 01/17/2005) 01/10/ Request for Judicial Notice in support of opposition to Minnesota State Borad of Investment's motion for judicial relief. Document filed by Steven Schmalz, Jennifer J. Fadem, Mariam Antin, Mark Bluestein, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Minnesota State Board of Investments, Salomon Hami. (dle, ) (Entered: 01/17/2005) 01/10/ Declaration of William S. Lerach in support of opposition to Minnesota State Board of Investment's motion for judicial relief. Document filed by Steven Schmalz, Jennifer J. Fadem, Mariam Antin, Mark Bluestein, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein,

41 Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Minnesota State Board of Investments, Salomon Hami. Filed In Associated Cases: 1:02-cv SWK,1:02- cv swk,1:02-cv swk,1:02-cv swk,1:02-cv swk, 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02-cv SWK(dle, ) (Entered: 01/17/2005) 01/10/ /10/ /10/ DECLARATION of Geoffrey C. Hazard, Jr.. Document filed by Steven Schmalz, Jennifer J. Fadem, Mariam Antin, Mark Bluestein, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, John Pleggenkuhle, Prena Smajlaj, Minnesota State Board of Investments, Salomon Hami. (dle, ) (Entered: 01/17/2005) 185 DECLARATION of Byron S. Georgiou in support of opposition to Minnesota State Board of Investment's motion for judicial relief. Document filed by Steven Schmalz, Jennifer J. Fadem, Mariam Antin, Mark Bluestein, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Minnesota State Board of Investments, Salomon Hami. (dle, ) (Entered: 01/17/2005) 186 DECLARATION of Kenneth B. Nunes. Document filed by Steven Schmalz, Jennifer J. Fadem, Mariam Antin, Mark Bluestein, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Minnesota State Board of Investments, Salomon Hami. (dle, ) (Entered: 01/17/2005) 01/10/ Declaration of Theodore J. Pintar in support of opposition to Minnesota State Board of Investment's motion for judicial relief. Document filed by Steven Schmalz, Jennifer J. Fadem, Mariam Antin, Mark Bluestein, Malka Birnbaum, Ernest Hack, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, John Pleggenkuhle, Prena Smajlaj, Minnesota State Board of Investments, Salomon Hami. (dle, ) (Entered: 01/17/2005) 01/18/ REPLY MEMORANDUM OF LAW in Support re: 177 MOTION for judicial relief related to improper communications to putative class members by William Lerach et al.. Document filed by Minnesota State Board of Investments. (cd, ) (Entered: 01/25/2005) 01/18/ DECLARATION of Lori Johnson in further Support re: 177 MOTION for judicial relief related to improper communications to putative class members by William Lerach et al.. Document filed by Minnesota State Board of Investments. (cd, ) (Entered: 01/25/2005) 01/28/ STIPULATION AND ORDER; that dfts time in which to answer the SAC is hereby extended to and including 2/7/05. (Signed by Judge Shirley Wohl Kram on 1/26/05) (pl, ) (Entered: 02/08/2005) 01/28/2005 Set Deadlines/Hearings: Service due by 2/7/2005. (pl, ) (Entered: 02/08/2005)

42 02/10/ STIPULATION AND ORDER; Defendants' time in which to answer the SAC is hereby extended to and including February 14, (Signed by Judge Shirley Wohl Kram on 2/9/05) (djc, ) (Entered: 02/15/2005) 02/14/ FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - ANSWER to Amended Complaint. Document filed by Stephen M. Case. Related document: 156 Amended Complaint, filed by Minnesota State Board of Investments,.(Stern, Robert) Modified on 2/16/2005 (kg, ). (Entered: 02/14/2005) 02/14/ ANSWER to SECOND Amended Complaint. Document filed by David M. Colburn. Related document: 156 Amended Complaint, filed by Minnesota State Board of Investments,.(djc, ) (Entered: 02/16/2005) 02/14/ ANSWER to Second Amended Consolidated Class Action Complaint of Lead Plaintiff Minnesota State Board of Investment Document filed by Eric Keller. Related document: 156 Amended Complaint, filed by Minnesota State Board of Investments,.(djc, ) (Entered: 02/16/2005) 02/14/ ANSWER to Second Amended Complaint. Document filed by Ernst & Young LLP. Related document: 156 Amended Complaint, filed by Minnesota State Board of Investments,.(pl, ) (Entered: 02/16/2005) 02/15/ ANSWER to Complaint. Document filed by American Online, Inc., AOL Time Warner, Inc., Time Warner Inc..(pl, ) (Entered: 02/18/2005) 02/15/ ANSWER to Second Amended Complaint. Document filed by Steven Rindner.(pl, ) (Entered: 02/18/2005) 02/15/ /16/ /16/ /28/ /28/ NOTICE of Appearance by Christopher J. Gray on behalf of Dominic F. Amarosa (djc, ) (Entered: 02/18/2005) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Robert M. Stern to MANUALLY RE-FILE Document: Answer to the Amended Complaint, Document No This case is not ECF. (kg, ) (Entered: 02/16/2005) 199 NOTICE of Withdrawal. Document filed by Stephen M. Case. (Stern, Robert) (Entered: 03/16/2005) 200 MOTION for Jeffrey W. Kilduff to Appear Pro Hac Vice. Document filed by Stephen M. Case. Attached is Affidavit in support of Jeffrey W. Kilduff (djc, ) (Entered: 03/31/2005) 201 MOTION for Leave to File an amended answer. Document filed by Stephen M. Case. i (djc, ) (Entered: 04/04/2005) 03/28/ ANSWER to Amended Complaint., ANSWER to Complaint. Document filed by Stephen M. Case. Related document: 141 Amended Complaint filed by Minnesota State Board of Investments,.(djc, ) (Entered: 04/04/2005) 03/31/ ORDER granting 201 Motion for Leave to File Document. The Co8urt will accept dft Stephen Case's Amended Answer. (Signed by Judge Shirley Wohl Kram on 3/30/05) copies sent by chambers.(cd, ) (Entered: 04/04/2005) 04/06/ STIPULATION AND ORDER; Motions from Lead Plaintiff MSBI and Pltffs Ontario

43 Teachers and Detroit P&Fdue by 4/8/2005. Responses due by 4/29/2005 Replies due by 5/20/2005. (Signed by Judge Shirley Wohl Kram on 4/6/2005) Filed In Associated Cases: 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02-cv SWK,1:02- cv swk,1:02-cv swk,1:02-cv swk, 1:02-cv SWK,1:02-cv SWK(jp, ) (Entered: 04/07/2005) 04/06/ MOTION for an order admitting pro hac vice Shaun A. Goho to this bar for the purposes of this action. Document filed by Stephen M. Case. ) (Entered: 04/08/2005) 04/06/ AFFIDAVIT of Robert M. Stern in Support re: 200 MOTION for Jeffrey W. Kilduff to Appear Pro Hac Vice.. Document filed by Stephen M. Case. (dle, ) (Entered: 04/08/2005) 04/08/ MOTION to Withdraw as plaintiffs. Document filed by Ontario Teachers' Pension Plan Board and The Policemen and Firemen Retirement System of the City of Detroit to Withdraw as Plaintiffs. (jco, ) (Entered: 04/12/2005) 04/08/ MEMORANDUM OF LAW in Support re: 207 MOTION to Withdraw. Document filed by Ontario Teachers' Pension Plan Board. (jco, ) (Entered: 04/12/2005) 04/08/ MOTION for Leave to File Third Amended Complaint. Document filed by Minnesota State Board of Investments.(ps, ) (Entered: 04/14/2005) 04/08/ MEMORANDUM OF LAW in Support re: 209 MOTION for Leave to File Third Amended Complaint. Document filed by Minnesota State Board of Investments. (ps, ) (Entered: 04/14/2005) 04/08/ DECLARATION of Scott W. Carlson in Support re: 209 MOTION for Leave to File Third Amended Complaint. Document filed by Minnesota State Board of Investments. (ps, ) (Entered: 04/14/2005) 04/13/ NOTICE of Change of Address by Jeremy N. Kudon on behalf of Ernst & Young LLP. New Address: Heller Ehrman LLP, Times Square Tower, 7 Times Square, New York, NY, Received in the night deposit box on 4/13/05 at 5:12 p.m.. (sac, ) (Entered: 04/19/2005) 04/26/ MOTION to Voluntary Dismiss The Municipal Police Employees Retirement System of Louisiana and The Louisiana School Employees Retirement System as plaintiffs without prejudice and without costs. Proposed Order attached. Received in night deposit box on 4/26/2005 at 6:10 p.m. Document filed by Louisiana School Employees Retirement System, Municipal Police Employees Retirement System of Louisiana. (kkc, ) (Entered: 05/03/2005) 04/26/ MEMORANDUM OF LAW in Support re: 213 MOTION to Dismiss. Received in night deposit box on 4/26/2005 at 6:10 p.m. Document filed by Louisiana School Employees Retirement System, Municipal Police Employees Retirement System of Louisiana. (kkc, ) (Entered: 05/03/2005) 04/28/ MOTION for Leave to File Third Amended Consolidated Class Action Complaint. Document filed by Minnesota State Board of Investments. (jco, ) (Entered: 05/03/2005) 05/04/ STIPULATION AND ORDER that dfts shall file their oppositions to movants' motins

44 to amend/withdraw by 5/13/05 and movants shall file reply briefs in support of their motions by 6/17/05. (Signed by Judge Shirley Wohl Kram on 5/4/05) (dle, ) (Entered: 05/05/2005) 05/04/2005 Set/Reset Deadlines as to 215 MOTION for Leave to File Third Amended Consolidated Class Action Complaint.. Responses due by 5/13/2005 Replies due by 6/17/2005. (dle, ) (Entered: 05/05/2005) 05/13/ MEMORANDUM OF LAW in Opposition re: 215 MOTION for Leave to File Third Amended Consolidated Class Action Complaint.. Document filed by Ernst & Young LLP. (djc, ) (Entered: 05/17/2005) 05/16/ MEMORANDUM OF LAW in Opposition re: 215 MOTION for Leave to File Third Amended Consolidated Class Action Complaint.. Document filed by Gerald M. Levin, American Online, Inc., Robert W. Pittman, AOL Time Warner, Inc., Wayne H. Pace, J. Michael Kelly, Time Warner Inc., Paul T. Cappuccio, Kenneth J. Novack. (mde, ) (Entered: 05/18/2005) 05/16/ DECLARATION of Rachel G. Skaistis. Document filed by American Online, Inc., Robert W. Pittman, AOL Time Warner, Inc., Gerald M. Levin, Wayne H. Pace, J. Michael Kelly, Time Warner Inc., Paul T. Cappuccio, Kenneth J. Novack. (mde, ) (Entered: 05/18/2005) 06/17/ JOINT SCHEDULING ORDER: Amended Pleadings due by 12/1/2005. Joinder of Parties due by 12/1/2005. Motions due by 8/15/2005. Responses due by 10/31/2005 Replies due by 11/30/2005. Mertis Discovery due by 5/30/2006. This matter shall be trial-ready as of 1/2/07. So Ordered. (Signed by Judge Shirley Wohl Kram on 6/13/05) (jco, ) (Entered: 06/20/2005) 06/17/ REPLY MEMORANDUM OF LAW in Support re: 213 MOTION to Dismiss.. Document filed by Louisiana School Employees Retirement System, Municipal Police Employees Retirement System of Louisiana. (mde, ) (Entered: 06/28/2005) 06/17/ REPLY BRIEF In Further Support re: 207 MOTION to Withdraw.. Document filed by Ontario Teachers' Pension Plan Board, The Policemen & Firemen Retirement System of the City of Detroit.(mde, ) (Entered: 06/28/2005) 06/17/ REPLY MEMORANDUM OF LAW in Support re: 209 MOTION for Leave to File Third Amended Complaint.. Document filed by Minnesota State Board of Investments. (mde, ) (Entered: 06/28/2005) 06/24/ ORDER that deft Stephen M. Case hereby moves to withdraw pro hac vice attorney Bruce A. Hiler as counsel of record for the purpose of this action. (Signed by Judge Shirley Wohl Kram on 6/23/05) copies sent by chambers.(cd, ) (Entered: 06/27/2005) 09/21/ ENDORSED LETTER addressed to Judge Shirley Wohl Kram from William S. Lerach dated 9/19/2005 re: We wish to assure that our clients can opt out by identifying the name of the investor and stating a desire to opt out. ENDORSEMENT: Application denied. All parties will be provided notice and have opportunity to state objections at the formal fairness hearing. (Signed by Judge Shirley Wohl Kram on 9/21/2005) Copies Mailed By Chambers.(lb, ) (Entered: 09/23/2005) 09/23/ MOTION for Certification of Class. Document filed by Minnesota State Board of Investments. Supporting documents attached. (db, ) (Entered: 09/28/2005)

45 09/23/ MOTION for Preliminary Approval of Class Settlement, Approval of Class Notice, and Request for Final Approval Hearing. Document filed by Minnesota State Board of Investments. Supporting documents attached. (db, ) (Entered: 09/28/2005) 09/28/2005 Minute Entry for proceedings held before Judge Shirley Wohl Kram : Oral Argument held on 9/28/05; decision reserved. (cd, ) (Entered: 10/05/2005) 09/29/ Objections by Institutional Shareholders to Opt-Out Provisions Proposed by Settling Parties. (cd, ) (Entered: 10/06/2005) 09/29/ Objections of California State Teachers Retirement System to Proposed "Opt Out" Procedures Relating to Securities Class Settlement. Document filed by Paul T. Cappuccio. (cd, ) (Entered: 10/06/2005) 09/30/ ORDER PRELIMINARILY APPROVING SECURITIES CLASS SETTLEMENT, APPROVING CLASS NOTICE, AND SETTING FINAL APPROVAL HEARING: It is hereby ordered that the motions 226 & 227 are GRANTED in all respects. For purposes of this order, the Court adopts all defined terms as set forth in the stipulation, which shall control if it conflicts with any definition in this order. The Court shall hold the Final Approval Hearing on 2/22/2006 at 10:30am in the US Courthouse, 40 Centre Street, Courtroom 619, New York, New York (Signed by Judge Shirley Wohl Kram on 9/30/2005) Copies Mailed By Chambers.(lb, ) (Entered: 10/03/2005) 09/30/ ORDER Certifying Securities Class the court,for purposes of this Order, adopts the definitions set forth in the Stipulation.It Is So Ordered. (Signed by Judge Shirley Wohl Kram on 9/30/2005) Copies Mailed By Chambers.(jmi, ) (Entered: 10/04/2005) 10/12/ TRANSCRIPT of proceedings held on 9/28/05 before Judge Shirley Wohl Kram. (jbe, ) (Entered: 10/12/2005) 10/28/ REQUEST FOR EXCLUSION OF WANDY HARVEY FROM SECURITIES CLASS. (sac, ) (Entered: 11/10/2005) 11/17/ NOTICE of Change of Address by Jeremy N. Kudon on behalf of Ernst & Young, LLP. New Address: Heller Ehrman LLP, 601 S. Figueroa Street, 40th Floor, Los Angeles, California, 90017, (212) (pl, ) (Entered: 11/21/2005) 11/29/ LETTER addressed to J. Michael McMahon, Clerk of Court from Don E. Gordon dated 11/24/05; re: requesting proof of ownership of AOL stock held in two of our accounts from 99 to 2002.(sac, ) (Entered: 11/29/2005) 12/02/ MOTION to Approve for approval of Lead Securities Counsel's Application, MOTION for Attorney Fees and Reimbursement of Expenses.(filed by Lead Securities Plaintiffs) (djc, ) Modified on 12/5/2005 (djc, ). (Entered: 12/05/2005) 12/02/ MEMORANDUM OF LAW in Support re: 236 MOTION to Approve for approval of Lead Securities Counsel's Application. MOTION for Attorney Fees. (djc, ) (Entered: 12/05/2005) 12/02/ DECLARATION of Samuel D. Heins in Support re: 236 MOTION to Approve for approval of Lead Securities Counsel's Application. MOTION for Attorney Fees. (djc, ) (Entered: 12/05/2005)

46 12/02/ DECLARATION of John C. Coffee Jr. in Support re: 236 MOTION to Approve for apporval of Lead Securities Counsel's Application. MOTION for Attorney Fees.. (djc, ) (Entered: 12/05/2005) 12/09/ /20/ /30/ /09/ /09/ /09/ /09/ /09/ Lucy Prestino's Request for Exclusion from Securities Class. (dle, ) (Entered: 12/13/2005) 241 Request for Exclusion From Securities Class by Audrey Bartlett. (rag, ) (Entered: 12/20/2005) 242 REQUEST FOR EXCLUSION FROM CLASS as to Ira R. Terry. (sac, ) (Entered: 01/04/2006) 243 Paul Heyburn's Objection to Class Action Settlement. m, (djc, ) (Entered: 01/10/2006) 244 ERISA PLAINTIFFS' Limited Objection to the Proposed Settlemet in the Securities Action. (djc, ) (Entered: 01/10/2006) 245 ERISA PLAINTIFFS' MOTION to Intervene for the Purpose of Making a Limited Objection to the Settlement. (djc, ) (Entered: 01/10/2006) 246 MOTION to Intervene., MOTION Object to the Proposed Class Action.. (djc, ) (Entered: 01/10/2006) 247 NOTICE of of Motion. Filed by Plaintiff Stitching Pensioenfonds ABP (djc, ) (Entered: 01/11/2006) 01/09/ /09/ MEMORANDUM OF LAW in Support re: 246 MOTION to Intervene. MOTION I Object to the Porposed Class Action. (djc, ) (Entered: 01/11/2006) 249 MEMORANDUM OF LAW in Support of plaintiff Stitching Pensioenfonds BP's Memorandum of Law in Support of its Motion to Intervene and Object to the Proposed Clas Action Settlement. (djc, ) (Entered: 01/11/2006) 01/10/ Objecting Class Member Pat L. Canada's Objection and Memorandum of Law in Opposition to the Court's Approval of Attorneys' Fees Greater than $100 Million and the Plan of Allocation. (djc, ) (Entered: 01/11/2006) 01/12/ MOTION for Jeffrey D. Meyer to Appear Pro Hac Vice. Document filed by Cynthia R. Levin Moulton. (jmi, ) (Entered: 01/19/2006) 01/12/ NOTICE OF APPEARANCE by Jeffrey D. Meyer on behalf of Cynthia R. Levin Moulton, OBJECTION TO CLASS SETTLEMENT AND APPLICATION FOR ATTORNEYS' FEES AND EXPENSES. (cd, ) (Entered: 01/24/2006) 01/18/ /18/ /27/ /30/ LETTER addressed to the Clerk of the Court from Lee H. Roberts dated 12/20/05: re Proof of Claim for Harry Roberts and Flora M. Roberts. (cd, ) (Entered: 01/20/2006) 253 fld Request for Exclusion from Securities Class, by Albert M. Ellis. (cd, ) (Entered: 01/20/2006) 255 MOTION to Withdraw 245 MOTION to Intervene.. Document filed by Jennifer J. Fadem, Dominic F. Amarosa, Salomon Hami. (jmi, ) (Entered: 01/30/2006) 256 Notice of Motions and Motion of Lead Securities Plaintiff Minnesota State Board of Investments For Final Approval of Securities Class Settlement and Plan of Allocation.

47 Document filed by Minnesota State Board of Investments. Return Date set for 2/22/ :30 AM. (jmi, ) Modified on 1/30/2006 (jmi, ). (Entered: 01/30/2006) 01/30/ /30/ /30/ MEMORANDUM OF LAW in Support re: 256 MOTION of.. Document filed by Minnesota State Board of Investments. (jmi, ) (Entered: 01/30/2006) 258 DECLARATION of Robert E. Forrest. Document filed by Minnesota State Board of Investments. (jmi, ) (Entered: 01/30/2006) 259 MEMORANDUM OF LAW in Opposition re: 246 MOTION to Intervene. MOTION Object to the Porposed Class Action. Document filed by Time Warner Inc. (cd, ) (Entered: 01/31/2006) 01/30/ STIPULATION AND ORDER WITHDRAWING ERISA PLAINTIFFS' LIMITED OBJECTION TO THE PROPOSED SETTLEMENT IN THE SECURITIES ACTION: It is hereby stipulated by the parties and ordered by the Court as follows: The limited objection is withdrawn, on condition that the withdrawal shall not be deemed a waiver by the ERISA plaintiffs of any argument or position asserted therein, or a concession by any party in this action that the limited objection, or any position or argument asserted therein, had any merit. All parties agree that they reserve all rights to argue for or against the positions stated in the limited objection. The withdrawal of the limited objection, on the conditions set forth in paragraph 1, is hereby approved by the Court. (Signed by Judge Shirley Wohl Kram on 1/30/06) (js, ) (Entered: 02/02/2006) 02/06/ ORDER will not become final until the parties have had ample opportunity to be heard reguarding the appointment. So Ordered. (Signed by Judge Shirley Wohl Kram on 2/1/2006) (jmi, ) (Entered: 02/06/2006) 02/09/ STIPULATION AND ORDER: It is hereby stipulated and agreed by and between counsel for ABP and counsel for MSBI and Time Warner that ABP shall file its file its reply brief in further support of the motion on or before February 10/2006. (Signed by Judge Kimba M. Wood Part I on 2/8/06) (js, ) (Entered: 02/09/2006) 02/15/ /16/ /21/ /21/ /21/ Request for Exclusion from Class Action by Kathleen M. Beusterien. Document filed by James W. Barge. (jmi, ) (Entered: 02/21/2006) 264 Proof of Claim of Frohn, Hans-Gerol. (djc, ) (Entered: 02/22/2006) 265 NOTICE of of Non-Appearance at Fairness Hearing. (Document filed by Attorneysin-Charge for Objectors) (djc, ) (Entered: 02/22/2006) 266 DECLARATION of David H. Pikus the special master pursuant to 28 U.S.C (jmi, ) (Entered: 02/23/2006) 267 NOTICE of Pursuant to Fed.R.Civ.P.23(e)(2). Document filed by AOL Time Warner, Inc.. (jmi, ) (Entered: 02/28/2006) 02/21/ DECLARATION of Robert E. Forrest. Document filed by AOL Time Warner, Inc.. (jmi, ) (Entered: 02/28/2006) 02/27/ ORDER that the 2/1/06 order appointing Mr. Pikus as special master is final. (Signed by Judge Shirley Wohl Kram on 2/27/06) (dle, ) (Entered: 02/28/2006) 03/02/ Request for Exclusion from Securities Class, by Erick Halais. (cd, ) (Entered:

48 03/03/2006) 03/20/ TRANSCRIPT of proceedings held on 02/22/06 before Judge Shirley Wohl Kram. (es, ) (Entered: 03/20/2006) 03/20/ LETTER addressed to J. Michael McMahon, Clerk of Court from Lawrence F. Hancock dated 3/8/06 re: statement of claim. (dle, ) (Entered: 03/22/2006) 04/06/ OPINION AND ORDER # For the foregoing reasons, Lead Plaintiff's petition for approval of the Settlement and Plan of Allocation is granted. A separate opinion establishing attorney's fees and expenses will follow. (Signed by Judge Shirley Wohl Kram on 4/6/2006) (jmi, ) (Entered: 04/12/2006) 04/20/ MOTION Approving the Settlement; MOTION Preliminarily Certifying a Settlement Class, MOTION Approving the Notice Plan, MOTION setting a Final Fairness Hearing. Attached is Memorandum in Support. (document filed by ERISA Plaintiffs (Barbara Grant, Rita Roberts Hill and Steven Winfield). (djc, ) (Entered: 04/21/2006) 04/20/ NOTICE of of Motion for an order granting preliminary approval to the class action settlement in this action on the terms set forth in the Class Action Settlement Agreement dated April 20, (djc, ) (Entered: 04/21/2006) 04/25/ FINAL JUDGMENT AND ORDER approving settlement and plan of allocation, and dismissing securities class action(orig. filed in 02 cv 5575). (Signed by Judge Shirley Wohl Kram on 4/19/06) Filed In Associated Cases: 1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK,1:02-cv SWK, 1:02- cv swk,1:02-cv swk,1:02-cv swk,1:02-cv SWK,1:02-cv SWK, 1:02-cv SWK,1:02-cv SWK(jf, ) (Entered: 04/26/2006) 04/26/2006 Mailed notice of Right to Appeal re: 276 Judgment to Attorney(s) of Record: Jill Sharyn Abrams, Richard A. Adams, Peter T Barbur, James V. Bashian, Aaron Lee Brody, Jules Brody, Thomas H. Burt, Evan R Chesler, Blair G. Connelly, Gregory M. Egleston, Nadeem Faruqi, Frederic Scott Fox, Sr, Christopher J. Gray, Stanley Merrill Grossman, Robert I. Harwood, Brian M. Heberlig, Samuel D. Heins, Corey D. Holzer, Mark J. Hulkower, Frederick Taylor Isquith, Sr, Robert D Joffe, Avi Josefson, Patrick Anthony Klingman, Carl S. Kravitz, Jeremy N. Kudon, Holly Kay Kulka, Menachem E. Lifshitz, John D. Lovi, Edward R. Mackiewicz, Jeffrey D. Meyer, Edward J. Mills, Brian Philip Murray, Linda P. Nussbaum, Ira M. Press, Marian Rosner, Samuel Howard Rudman, Michael L. Rugen, Gerald Harlan Silk, Rachel G Skaistis, Robert Andrew Skirnick, Jack G. Stern, Robert M. Stern, Timothy Philip Wei. (tve, ) (Entered: 04/27/2006) 05/11/2006 Received returned mail re: 276 Judgment,. Mail was addressed to Samuel D. Heins of Heins Mills & Olson, P.L.C. at 700 Northstar East, 608 Second Avenue South, Minneapolis, MN and was returned for the following reason(s): Not Deliverable as Addressed. (rdz, ) (Entered: 05/11/2006) 05/12/2006 Received returned mail re: 276 Judgment. Mail was addressed to Michael L. Rugen of Heller Etherman White & McAuliffe, LLP at 120 West 45th Street, New York, NY and was returned for the following reason(s): fowarding time expired. (tve, ) (Entered: 05/23/2006)

49 10/12/ ORDER: Any parties intending to file an objection to -- or a motion moving to adopt or modify -- the special master's report and recommendation must submit their correspondence to the Court by 10/19/2006. (Signed by Judge Shirley Wohl Kram on 10/11/2006) Copies Mailed By Chambers.(lb, ) (Entered: 10/13/2006) 10/12/ /25/ /27/2006 Set/Reset Deadlines: Objections to R&R due by 10/19/2006 (lb, ) (Entered: 10/13/2006) 278 MEMORANDUM AND OPINION # 93856: Special Master Pikus recommends an award of $147,500, in fees and $3,417, in expenses. The Court now adopts the Report and Recommendation... (Signed by Judge Shirley Wohl Kram on 10/25/2006) Copies Mailed By Chambers.(lb, ) (Entered: 10/26/2006) 279 ORDER APPROVING REPORT & RECOMMENDATION OF SPECIAL MASTER AND AWARDING ATTORNEYS' FEES AND REIMBURSEMENT OF COST: The Court finds and concludes that the Special Master's recommended award of fees and expenses is fair and reasonable to the memebers of the Securities Class, and that the expenses for which he recommends reimbursement were reasonable and necessary. Securities Class Counsel are awarded attorney's fees in the amount of $147,500,000.00, plus interest at the same rate as earned by the Settlement Fund from October 7,2005, the date it was funded. Lead Securities Counsel is authorized to withdraw said amount amount from the Settlement Fundand allocate the awarded fees among itself and other Securities Class Counsel based on Lead Securities Counsel's determination of the relative contributions of the firms to the prosecution and settlement of this class action on behalf of Securities Class. Securities Class Counsel are awarded reimbursement of expenses in the amount of $3,417,237.51, plus interest at the same rate as earned by the Settlement Fund from October 7, 2005, the date it was funded. Lead Securities Counsel is authorized to withdraw said amount from the Settlement Fund for distbution to itself and other Securties Class Counsel based on LeadSecurities Counsel's determiation of the expenses each paid or may be obligated to pay in connection with the prosecution and settlement of the case. Lead Securties COunsel may hereafter submit one or more supplemental requests for reimbursement of expenses incurred in this matter after the filling with Court of Lead Securities Cousel's Fee and Expense Application. The finality of the Judgment entered with respect to the Settlement shall not be affected in any manner by this Order, or any appeal from this Order. There is no just reason for delay in the entry of this Order, and immediate entry of this Order by the Clerk of the Court is expressly directed pursuant to Rule 54 (b) of the Federal Rules of Civil Procedure. It Is So Ordered. (Signed by Judge Shirley Wohl Kram on 10/25/2006) (jmi, ) (Entered: 10/30/2006) 03/23/ MOTION for an Order Directing Payment of Expenses of Settlement Administration, Initial Distribution of Net Settlement Sum, and Entire Distribution of DOJ Funds and SEC Fair Fund.(djc) (Entered: 04/02/2007) 03/23/ /23/ /02/ DECLARATION of Samuel D. Heins in Support re: 280 MOTION to Direct.. (document filed by Securities Class) (djc) (Entered: 04/02/2007) 282 DECLARATION of Dennis A.Gilardi in Support re: 280 MOTION to Direct..(document filed by Securites Class') (djc) (Entered: 04/02/2007) 283 ORDER: Accordingly, the Court finds both objections to be without merit. The motion is GRANTED in an accompanying order.. (Signed by Judge Shirley Wohl

50 Kram on 5/2/07) (js) (Entered: 05/03/2007) 05/02/ ORDER DIRECTING PAYMENT OF EXPENSES OF SETTLEMENT ADMINISTRATION, INITIAL DISTRIBUTION OF NET SETTLEMENT SUM, AND WNTIRE DISTRIBUTION OF DOJ FUNDS SEC FAIR FUND: The motion for an order directing payment of expenses of settlement administration, initial distribution of Net Settlement Sum, and entire distribution of DOJ Funds and SEC Fair Fund is GRANTED.Gilardi & Co., LLC, under the supervision of Lead Securities Counsel, is authorized and directed to make an initial distribution to Authorized Climents in an amount equal to 91% of the Net SettlementSum and accured interest, or approximately $2,231,606,250. This initial distribution shall commence as soon as practicable after entry of this order in accordance with the Plan of Distribution approved by the Court. Gilardi & Co. LLC. under the supervision of Lead Securities Counsel, is authorized and directed to distribute to authorized climants all of the DOJ funds, plus accrued interest, or approximately $157,615, as of March 21, 2007, simultaneously with the initial distribution of the Net Settlement Sum in accordance with the Plan of Distribution approved by the Court. (Signed by Judge Shirley Wohl Kram on 5/2/07) (js) (Entered: 05/04/2007) 05/23/ STIPULATION AND ORDER that the time for all dfts to respond to plaintiff's motion is hereby extended to and including 6/15/07. (Signed by Judge Shirley Wohl Kram on 5/23/07) (dle) (Entered: 05/25/2007) 05/23/2007 Set/Reset Deadlines: Responses due by 6/15/2007 (dle) (Entered: 05/25/2007) 05/29/ MOTION to Enforce its 4/19/2006 Final Judgment and Order by permanently enjoining Joseph and Ramon Sugranes from prosecuting the action they filed in the Supreme Court of the State of New York, County of Queens, Index No (State Action) re: 276 Judgment. Document filed by Aol Time Warner, Inc. Securities Litigation, AOL Time Warner, Inc., Time Warner Inc., Ernst & Young, LLP, Ernst & Young LLP.(jar) (Entered: 06/05/2007) 05/29/ MEMORANDUM OF LAW in Support re: 287 to Enforce its 4/19/2006 Final Judgment and Order by permanently enjoining Joseph and Ramon Sugranes from prosecuting the action they filed in the Supreme Court of the State of New York, County of Queens, Index No (State Action) re: [ 276] Judgment Document filed by Aol Time Warner, Inc. Securities Litigation, Richard Parsons, AOL Time Warner, Inc., Wayne H. Pace, Steven Rindner, Time Warner Inc., James W. Barge, Stephen F. Bollenbach, Paul T. Cappuccio, Frank J. Caufield, Miles R. Gilburne, Kenneth J. Novack, Franklin D. Raines, Ernst & Young, LLP, Ernst & Young LLP. (jar) (Entered: 06/05/2007) 05/29/ DECLARATION of Rachel G. Skaistis in Support re: 287 to Enforce its 4/19/2006 Final Judgment and Order by permanently enjoining Joseph and Ramon Sugranes from prosecuting the action they filed in the Supreme Court of the State of New York, County of Queens, Index No (State Action) re: [ 276] Judgment. Document filed by Aol Time Warner, Inc. Securities Litigation, AOL Time Warner, Inc., Time Warner Inc., Ernst & Young, LLP, Ernst & Young LLP. (jar) (Entered: 06/05/2007) 05/29/ AFFIDAVIT of Zulma Foley in Support re: 287 to Enforce its 4/19/2006 Final Judgment and Order by permanently enjoining Joseph and Ramon Sugranes from prosecuting the action they filed in the Supreme Court of the State of New York,

51 County of Queens, Index No (State Action) re: [ 276] Judgment. Document filed by Aol Time Warner, Inc. Securities Litigation, AOL Time Warner, Inc., Time Warner Inc., Ernst & Young, LLP, Ernst & Young LLP. (jar) (Entered: 06/05/2007) 05/29/ RESPONSE to BizPro Link LLC's Partial Opposition to Motion for Order Directing Payment of Expenses of Settlement Administration, Initial Distribution of New Settlement Sum, and Entire Distribution of DOJ Funds and SEC Fair Fund. Document filed by The Minnesota State Board of Investment. (djc) (Entered: 06/05/2007) 06/01/ NOTICE OF APPEAL from 283 Order on Motion to Direct. Document filed by BizProLink LLC. Filing fee $ , receipt number E Copies of Notice of Appeal mailed to attorney(s) of record: Heins Mills & Olson, P.L.C., Meredith Cohn Greenfogel & Skirnick, P.C., Stull, Stull & Brody, Schatz & Nobel, P.C., Sullivan & Cromwell LLP, Kronish, Lieb, Weiner & Hellman LLP, Zuckerman Spaeder LLP, Lathman & Watkins LLP, Steptoe & Johnson, LLP, Davis Polk & Wardwell and O'Melveny & Myers LLP. (nd) (Entered: 06/05/2007) 06/05/2007 Transmission of Notice of Appeal to the District Judge re: 286 Notice of Appeal. (nd) (Entered: 06/05/2007) 06/05/2007 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 286 Notice of Appeal,,. (nd) (Entered: 06/05/2007) 06/21/ STIPULATION AND ORDER partially modifying order directing payment of expenses of settlement administration, initial distribution of net settlement sum, and entire distribution of DOJ Funds and SEC Fair Fund. Except as modified herein, the Distribution Order shall remain in full force and effect. (Signed by Judge Shirley Wohl Kram on 6/20/2007) (jar) (Entered: 06/22/2007) 06/21/ REPLY MEMORANDUM OF LAW in Support re: 287 MOTION to Enforce Judgment re: 276 Judgment,. MOTION to Enforce Judgment re: 276 Judgment, filed by the settled defendantes. (cd) (Entered: 06/25/2007) 06/27/ OPINION and ORDER # 94837; re: 287 MOTION to Enforce Judgment re: 276 Judgment. For the reasons stated herein, the Court permanently enjoins the Sugraneses from prosecuting the State Action. If they choose to submit a late claim to the Settlement, their inclusion in future distributions from the Settlement fund will be considered on the same terms as any other claimants that have submitted valid proofs of claim after the deadline. (Signed by Judge Shirley Wohl Kram on 6/27/07) (djc) Modified on 6/28/2007 (rw). (Entered: 06/28/2007) 06/27/ ORDER; Lead Securities Counsel is directed to pay from the Settlement Sum the fees of Special Master Pikus in the total amount of $62, (Signed by Judge Shirley Wohl Kram on 6/27/07) Copies Mailed By Chambers.(kco) (Entered: 07/02/2007) 06/27/ ENDORSED LETTER addressed to Judge Shirely W. Kram from Dylan J. McFarland dated 6/25/07 re: a request for leave to file a motion under Federal Rule of Appellate Procedure 7. ENDORSEMENT: Application granted. The Court's premotion conference requirement is waived for the purposes of that motion. SO ORDERED. (Signed by Judge Shirley Wohl Kram on 6/27/07) Copies Mailed By Chambers.(kco) (Entered: 07/02/2007) 07/09/ MOTION for an order requiring Bizprolink, LLC to file an Appeal Bond filed by

52 Lead Securities Plaintiff.(pl) (Entered: 07/12/2007) 07/09/ DECLARATION of Lori A. Johnson in Support re: 297 MOTION requiring Bizprolink, LLC to file an Appeal Bond. (pl) (Entered: 07/12/2007) 07/09/ MEMORANDUM OF LAW in Support re: 297 MOTION requiring Bizprolink, LLC to file an Appeal Bond filed by Lead Securities Plaintiff. (pl) (Entered: 07/12/2007) 07/09/ DECLARATION of Peter L. Cruco Re: Estimated additional costs due to delay and disruption of settlement and claims administration. Document filed by AOL Time Warner, Inc.. (pl) (Entered: 07/12/2007) 07/23/ DECLARATION of Robert J. Yorio in Support of BizProLink, LLC's opposition to lead securities plaintiff's motion for an order requiring BizProLink, LLC to file an appeal bond. Document filed by BizProLink LLC. (dle) (Entered: 07/26/2007) 07/23/ MEMORANDUM OF LAW in Support of BizProLink's opposition to lead securities plaintiff's motion for an order requiring BizProLink LLC to file an appeal bond. Document filed by BizProLink LLC. (dle) (Entered: 07/26/2007) 07/27/ REPLY MEMORANDUM OF LAW in Support re: 297 MOTION requiring Bizprolink, LLC to file an Appeal Bond.. Document filed by BizProLink LLC. (pl) (Entered: 08/01/2007) 08/17/ Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 286 Notice of Appeal,, filed by BizProLink LLC USCA Case Number , 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) Additional attachment(s) added on 8/21/2007 (Pisarczyk, Thomas). (Entered: 08/20/2007) 08/22/2007 USCA Case Number cv from the U.S.C.A. 2nd Circuit assigned to 286 Notice of Appeal, filed by BizProLink LLC. (tp) (Entered: 08/22/2007) 09/20/ MEMORANDUM OPINION #95210: the Court hereby acknowledges that the plaintiff's notice of voluntary dismissal is effective, without order of court, to dismiss with prejudice the plaintiff's claims against all defendants except Ernst & Young, LLP. (Signed by Judge Shirley Wohl Kram on 9/19/07) (db) Modified on 9/21/2007 (kco). (Entered: 09/20/2007) 09/20/ OPINION AND ORDER #95211 re: 297 MOTION requiring Bizprolink, LLC to file an Appeal Bond. For reasons further set forth in said Order, BizProLink shall post an appeal bond no later than 9/28/07 in the amount of $ as security for plaintiff's printing and copying costs on appeal. (Signed by Judge Shirley Wohl Kram on 9/19/07) (db) Modified on 9/21/2007 (Cox, Kristin). (Entered: 09/20/2007) 09/20/2007 Received returned mail re: 286 Notice of Appeal,. Mail was addressed to Robert A. Izard, Esq. of Schatz & Nobel, P.C. at 330 Main Street, Hartford, CT and was returned for the following reason(s): Attempted -Not Known. (rdz) (Entered: 09/20/2007) 09/20/ ORDER: motion is GRANTED, and plaintiff (Dominic F. Amorosa) shall file and serve a second amended complaint by 11/15/07. Amended Pleadings due by 11/15/2007. Service due by 11/15/2007. Filed in Associated case 03cv3902(SWK).(Signed by Judge Shirley Wohl Kram on 9/19/07) Copies Mailed by

53 Chambers.(db) (Entered: 09/20/2007) 09/26/ /01/ /24/ /24/ /24/ ORDER on or before October 10, 2007, Mr. Zakai shall serve and file a Motion Objecting to the Settlement Administrators Calculation of Awards Under the Settlement Agreement and relevant documentation supporting that Motion. The Motion shall not exceed 20 pages; On or before October 24, 2007, Gilardi shall submit an Opposition and any relevant documentation supporting that Opposition. The Opposition shall not exceed 20 pages; On or before October 31, 2007, Mr. Zakai shall file a Reply, which shall be limited to responses to the arguments contained in Gilardis Opposition. The Reply shall not exceed 10 pages. SO ORDERED. Motions due by 10/10/2007, Responses due by 10/24/2007, Replies due by 10/31/2007. (Signed by Judge Shirley Wohl Kram on 9/26/2007)Copies Mailed By Chambers. (jmi) Modified on 9/27/2007 (Miles, Janeen). (Entered: 09/27/2007) 309 Undertaking for costs on Appeal BOND # CGB in the amount of $ posted by BizProLink LLC. (ml) (Entered: 10/01/2007) 310 MEMORANDUM OF LAW in Opposition to Motion of Yigal Zakai to Modify Claim Determination. Document filed by Minnesota State Board of Investments. (db) (Entered: 10/26/2007) 311 DECLARATION of Dennis Gilardi in Response to Motion of Yigal Zakai. (db) (Entered: 10/26/2007) 312 DECLARATION of Scott D. Hakala in Response to Motion of Yigal Zakai. (db) (Entered: 10/26/2007) 11/07/ ENDORSED LETTER addressed to Judge Shirley W. Kram from Yigai Zakai dated 10/31/07 re: a request for an extension of one day to 11/1/07 to file a response to the plaintiff's memorandum in opposition to the motion to modify claim determination. ENDORSEMENT: SO ORDERED (Signed by Judge Shirley Wohl Kram on 11/1/07) (kco) (Entered: 11/08/2007) 12/28/ NOTICE OF CHANGE OF ADDRESS by Lori Johnson, Samuel D. Heins on behalf of Minnesota State Board of Investments. New Address: Heins Mills & Olson, P.L.C., 310 Clifton Avenue, Minneapolis, MN, 55403, (612) Filed In Associated Cases: 1:02-cv SWK et al.(jmi) (Entered: 01/07/2008) 02/13/ ORDER: It is hereby ordered that on or before February 27, 2008, Gilardi shall file and serve a surreply and any relevant documentation supporting that surreply, as set forth in this Order. On or before March 12, 2008, Zakai shall serve and file a response to Gilardi's surreply and any relevant documentation supporting that surreply, as set forth in this order. (Signed by Judge Shirley Wohl Kram on 2/13/2008) (jpo) (Entered: 02/13/2008) 02/26/ SUPPLEMENTAL DECLARATION of Dennis Gilardi in in further Opposition re: Motion of Yigal Zakai. (pl) Modified on 3/3/2008 (pl). (Entered: 03/03/2008) 02/26/ LEAD SECURITIES PLAINTIFF'S SUR-REPLY in opposition to motion of Yigal Zakai To Modify Claim Determination. Document filed by Steven Schmalz, Mariam Antin, Mark Bluestein, Malka Birnbaum, Harvey Matcovsky, Delbert Currens, Howard Rosengarten, Alan Russo, Harriet Goldstein, Barbara Dietel, Earl Bennett, Jack L. McBride, Vardan Sarkisov, Sherry Weindorf, Earl Mikolitch, Prena Smajlaj,

54 Minnesota State Board of Investments, Salomon Hami. (pl) (Entered: 03/03/2008) 07/30/ OPINION AND ORDER #96296: Zakai's objection is hereby denied, and his Recognized Claim, as calculated by Gilardi, stands. Any party seeking review of this decision shall file with the district clerk a notice of appeal that complies with the requirements set forth in Federal Rule of Appellate Procedure 3. All notices of appeal must be filed within 30 days of the entry of this order. Fed. R. App. P. 4(a)(1)(A). (Signed by Judge Shirley Wohl Kram on 7/30/08) (tro) Modified on 8/1/2008 (pl). (Entered: 07/30/2008) 12/16/ MANDATE of USCA (Certified Copy) as to 286 Notice of Appeal,, filed by BizProLink LLC USCA Case Number cv. Ordered, Adjudged and Decreed that the appeal be, and it hereby is, DISMISSED for want of standing. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 12/15/2008. (nd) (Entered: 12/16/2008) 12/16/2008 Transmission of USCA Mandate/Order to the District Judge re: 319 USCA Mandate,. (nd) (Entered: 12/16/2008) 12/30/ NOTICE of Notice of Change of Firm Name and Office Address. Document filed by The State Universities Retirement System of Illinois. (Block, Jeffrey) (Entered: 12/30/2008) 01/30/ Costs Taxed as to 319 USCA Mandate, USCA Case Number cv. in the amount of $ Docketed as Judgment #09,0173 on 1/30/09 in favor of Minnesote State Board of Investment against BizProLink, LLC.. (dt) (Entered: 02/02/2009) 03/05/ ENDORSED LETTER addressed to Judge Shirley Wohl Kram from Dylan McFarland dated 2/24/09 re: Request for lead Securities Plaintiff to file a motion for an order authorizing distribution of the remaining settlement funds to the Securities Class. ENDORSEMENT: Application granted. Lead Securities Plaintiff may file a motion for an order authorizing distribution of the remaining settlement funds in this matter. (Signed by Judge Shirley Wohl Kram on 3/5/09) Filed In Associated Cases: 1:02-cv SWK et al.(cd) (Entered: 03/05/2009) 07/22/ MOTION for Order directing second distribution of net settlement sum and DOJ Funds and payment of additional fees; and MOTION for Attorney Fees. Document filed by Minnesota State Board of Investments.(djc) (Entered: 07/24/2009) 07/22/ MEMORANDUM OF LAW in Support re: 323 MOTION to Direct. MOTION for Attorney Fees. Document filed by Minnesota State Board of Investments. (djc) (Entered: 07/24/2009) 07/22/ DECLARATION of Bruce H. Cozzi in Support re: 323 MOTION to Direct. MOTION for Attorney Fees. Document filed by Minnesota State Board of Investments. (djc) (Entered: 07/24/2009) 07/22/ DECLARATION of Dylan J. McFarland in Support re: 323 MOTION to Direct second distribution or net settlement sum and DOJ funds and payment of additional expenses; and MOTION for Attorney Fees. Document filed by Minnesota State Board of Investments. (djc) (Entered: 07/24/2009) 09/21/ PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AND

55 ORDER: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) Ernst & Young, LLP, Ernst & Young LLP. (Signed by Judge Colleen McMahon on 9/21/09) (js) (Entered: 09/21/2009) 09/23/ /28/ ORDER FOR SECOND DISTRIBUTION OF NET SETTLEMENT SUM AND DOJ FUNDS, AND PAYMENT OF ADDITIONAL EXPENSES AND ATTORNEYS' FEES: It is hereby ordered that Lead Securities Plaintiffs motion for a second distribution of the Net Settlement Sum and DOJ Funds and for payment of additional expenses and attorneys' fees is GRANTED. All administrative actions taken by Gilardi with respect to administration of the Settlement, including the procedures used to administer claims, decisions to allow or disallow claims, determination of allowed amounts of claims, and submission of reports to tax authorities and payment of income tax liabilities incurred by the Settlement Sum, are approved and adopted. The following amounts shall be disbursed from the remaining Settlement Sum, as set forth herein. August 1, 2009 shall be the final deadline for submission of any claims to the Settlement Sum or DOJ Funds and any documentation in support of claims, after which date Gilardi shall no longer accept or consider any such claims or supporting documentation. There is no just reason for delay in the entry of this Order as a final order of the Court; and accordingly, the Clerk of Court shall immediately enter this Order pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Colleen McMahon on 9/21/2009) (jpo) (Entered: 09/23/2009) ORDER DIRECTING THIRD DISTRIBUTION OF NET SETTLEMENT SUM AND DOJ FUNDS: IT IS HEREBY ORDERED THAT: This Order incorporates by reference the definitions set forth in the Stipulation of Settlement dated as of September 22, 2005, and all such defined terms used in this Order shall have the same meaning. The Court has exclusive and continuing jurisdiction over all parties to this action, including all members of the Securities Class, over the subject matter of the Securities Class Action, and over all matters pertaining to the implementation and administration of the Settlement, including distribution of the remaining Net Settlement Sum and DOJ Funds. Lead Securities Plaintiff's motion for a third distribution of the Net Settlement Sum and DOJ Funds and for payment of additional expenses is GRANTED. All administrative actions taken by Gilardi with respect to administration of the Settlement, including the procedures used to administer claims, decisions to allow or disallow claims, determination of allowed amounts of claims, and submission of reports to tax authorities and payment of income tax liabilities incurred by the Settlement Sum, are approved and adopted; as further set forth in this Order. (Signed by Judge Colleen McMahon on 11/28/2011) (mro) (Entered: 11/28/2011) 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