U.S. District Court Eastern District of Texas (Lufkin) CIVIL DOCKET FOR CASE #: 9:02-cv JKG

Transcription

1 US District Court Civil Docket as of 05/08/2006 Retrieved from the court on Monday, October 02, 2006 U.S. District Court Eastern District of Texas (Lufkin) CIVIL DOCKET FOR CASE #: 9:02-cv JKG In Re: Universal Access Inc, et al v., et al Assigned to: Magistrate Judge Judith K. Guthrie Demand: $0 Cause: 15:77 Securities Fraud Date Filed: 04/25/2002 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Mediator Gary McGowan TERMINATED: 07/31/2004 Plaintiff John Frandsen Lead Plaintiff, on behalf of himself and others similarly situated represented by Bradley Earl Beckworth Nix Patterson & Roach - Daingerfield 205 Linda Drive Daingerfield, TX / Fax: bbeckworth@nixlawfirm.com Claude Edward Welch Law Offices of Claude E Welch PO Box 1574 Lufkin, TX / Fax: welchlawoffice@consolidated.net George L McWilliams Patton Roberts McWilliams & Capshaw 2900 St Michael Dr Suite 400 Texarkana, TX / Fax: gmcwilliams@pattonroberts.com

2 Michael Wayne Shore Shore Chan Bragalone 325 N St Paul St Suite 4450 Dallas, TX / Fax: 214/ shore@shorechan.com TERMINATED: 08/06/2003 Richard Andrew Adams Patton Roberts McWilliams & Capshaw 2900 St Michael Dr Suite 400 Texarkana, TX / Fax: radams@pattonroberts.com Brad Edward Seidel Nix Patterson & Roach LLP - Daingerfield 205 Linda Drive Daingerfield, TX Fax: bradseidel@nixlawfirm.com Edward Lewis Hohn Nix Patterson & Roach LLP - Daingerfield 205 Linda Drive Daingerfield, TX / Fax: edhohn@nixlawfirm.com Kenneth Edward Shore Shore West PC 2020 Bill Owens Parkway Suite 240 Longview, TX /

3 Fax: 903/ TERMINATED: 08/06/2003 Michael Edwin Jones Potter Minton PC 110 N College Suite 500 PO Box 359 Tyler, TX /597/8311 Fax: mikejones@potterminton.com Plaintiff James P Newsome LEAD PLAINTIFF represented by Michael Wayne Shore TERMINATED: 08/06/2003 Brad Edward Seidel Bradley Earl Beckworth Claude Edward Welch George L McWilliams Kenneth Edward Shore TERMINATED: 08/06/2003 Michael Edwin Jones Richard Andrew Adams

4 Plaintiff William Ryback-Luedi LEAD PLAINTIFF represented by Bradley Earl Beckworth Michael Wayne Shore TERMINATED: 08/06/2003 Brad Edward Seidel Claude Edward Welch George L McWilliams Kenneth Edward Shore TERMINATED: 08/06/2003 Michael Edwin Jones Richard Andrew Adams Plaintiff Michael Whelan LEAD PLAINTIFF represented by Michael Wayne Shore TERMINATED: 08/06/2003 Bradley Earl Beckworth Claude Edward Welch

5 George L McWilliams Kenneth Edward Shore TERMINATED: 08/06/2003 Richard Andrew Adams Plaintiff Jerry Freeland LEAD PLAINTIFF represented by Michael Wayne Shore TERMINATED: 08/06/2003 Brad Edward Seidel Bradley Earl Beckworth Claude Edward Welch George L McWilliams Kenneth Edward Shore TERMINATED: 08/06/2003 Michael Edwin Jones Richard Andrew Adams Plaintiff George Tenyer represented by Michael Wayne Shore

6 LEAD PLAINTIFF TERMINATED: 08/06/2003 Brad Edward Seidel Bradley Earl Beckworth Claude Edward Welch George L McWilliams Kenneth Edward Shore TERMINATED: 08/06/2003 Michael Edwin Jones Richard Andrew Adams Plaintiff Chris Oksawen represented by Bradley Earl Beckworth Claude Edward Welch Plaintiff StoneRidge Investment Partner, LLC LEAD PLAINTIFF represented by Bradley Earl Beckworth

7 Claude Edward Welch Brad Edward Seidel Michael Edwin Jones Plaintiff StoneRidge Investment Partners LLC LEAD PLAINTIFF represented by Deborah R Gross Law Offices of Bernard M Gross 1515 Locust Street 2nd Floor Philadelphia, PA / Fax: debbie@bernardmgross.com Brad Edward Seidel Christopher Reyna Law Offices of Bernard M Gross 1515 Locust Street 2nd Floor Philadelphia, PA / Fax: TERMINATED: 07/13/2003 Michael Edwin Jones Plaintiff Lead Plaintiffs represented by Bradley Earl Beckworth

8 V. Consol Plaintiff Steven Reynolds represented by Deborah R Gross Don Edwin Stokes Stokes & Stokes 109 E Houston St Marshall, TX / Fax: donstokes@hotmail.com William B Federman Federman & Sherwood North Pennsylvania Ave Oklahoma City, OK / Fax: wfederman@aol.com Christopher Reyna TERMINATED: 07/13/2003 Samuel H Rudman Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Ave 49th Floor New York, NY / Fax: Steven G Schulman Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Ave 49th Floor New York, NY /

9 Fax: V. Defendant Universal Access Inc represented by David Joseph Guillory David J Guillory & Associates 510 Ochiltree Nacogdoches, TX / Fax: davidg@guillorylaw.com Christopher R Edgar Sullivan & Comwell 1870 Embarcadero Rd Palo Alto, CA Fax: edgarch@sullcrom.com Edward D Johnson Mayer Brown Rowe & Maw - Palo Alto 3000 El Camino Real Palo Alto Square Palo Alto, CA US Fax: wjohnson@mayerbrownrowe.com Emily Alexander Sullivan & Cromwell - Los Angeles 1888 Century Park East Suite 2100 Los Angeles, CA alexandere@sullcrom.com Michael Lacovara Sullivan & Comwell - Palo Alto 1870 Embarcadero Rd Palo Alto, CA

10 Fax: TERMINATED: 09/22/2004 Defendant Patrick C Shutt Chief Executive Officer and Chairman of Universal Access represented by David Joseph Guillory Christopher R Edgar Edward D Johnson Emily Alexander Michael Lacovara TERMINATED: 09/22/2004 Defendant Robert M Brown Chief Financial Officer of Universal Access represented by David Joseph Guillory Christopher R Edgar Edward D Johnson Emily Alexander Michael Lacovara TERMINATED: 09/22/2004

11 Defendant Robert E Rainone, Jr President of Global Operations for Universal Access represented by David Joseph Guillory Edward D Johnson Emily Alexander Michael Lacovara TERMINATED: 09/22/2004 Defendant George A King President of Client Services and Development for Universal Access represented by David Joseph Guillory Edward D Johnson Emily Alexander Michael Lacovara TERMINATED: 09/22/2004 Defendant Robert J Pommer Vice Chairman of Universal Access represented by David Joseph Guillory Christopher R Edgar

12 Edward D Johnson Emily Alexander Michael Lacovara TERMINATED: 09/22/2004 Defendant Scott D Fehlan General Counsel and Secretary of Universal Access represented by David Joseph Guillory Edward D Johnson Emily Alexander Michael Lacovara TERMINATED: 09/22/2004 Defendant Paolo Guidi Board member of Universal Access and Chief Executive Officer and Chairman of Aleron Defendant Universal Access Global Holdings Inc represented by David Joseph Guillory Edward D Johnson Emily Alexander

13 Michael Lacovara TERMINATED: 09/22/2004 Movant Rick Louie represented by William B Federman Movant Dennis R Jensen represented by William B Federman Movant Ruben Urcis Individually and on behalf of the Urcis Family Partnership represented by William B Federman Movant Nick J Snitzer represented by William B Federman Date Filed # Docket Text 04/25/ Original Complaint filed. Cause: 15:0077 Securities Fraud (djh) (Entered: 04/26/2002) 04/25/2002 Filing Fee Paid; FILING FEE $ RECEIPT # (djh) (Entered: 04/26/2002) 04/25/2002 Magistrate consent forms mailed to John Frandsen. (djh) (Entered: 04/26/2002) 04/26/2002 Forwarded copy file to Judge Hannah (djh) (Entered: 04/26/2002) 06/25/ MOTION by Rick Louie, Dennis R Jensen, Ruben Urcis, Nick J Snitzer to

14 consolidate cases (9:02cv103 & 9:02cv112), to be appointed lead plaintiffs and, for approval of lead plaintiffs' selection of lead counsel & liaison counsel (kjr) Modified on 07/31/2002 (Entered: 06/27/2002) 06/25/ MOTION by Rick Louie, Dennis R Jensen, Ruben Urcis, Nick J Snitzer for William B Federman to appear pro hac vice (kjr) (Entered: 06/27/2002) 06/25/ MOTION by John Frandsen, James P Newsome, William Ryback-Luedi, Michael Whelan, Jerry Freeland, George Tenyer to consolidate cases 9:02cv103 & 9:02cv112, appointment as lead plaintiff, and approval of selection of lead and liaison counsel (kjr) (Entered: 06/27/2002) 06/27/2002 Summons(es) issued for Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, George A King, Robert J Pommer, Scott D Fehlan, Paolo Guidi, Universal Access (issued in Texarkana Div) (sm) (Entered: 06/27/2002) 06/28/2002 PHV Filing Fee paid by atty William Federman; PHV FILING FEE $ RECEIPT # (kjr) (Entered: 07/01/2002) 07/01/ Notice by Frandsen Group of Certificate of Service of Opposed Motion for Consolidation, Appointment as Lead Counsel & Memorandum of Law in Support (kjr) (Entered: 07/01/2002) 07/08/ ORDER granting [3-1] motion for William B Federman to appear pro hac vice ( signed by Judge John Hannah Jr. ) cc JH, parties 7/8/02 (kjr) (Entered: 07/08/2002) 07/08/ Stipulation and Agreement Between the Parties regarding extensions of time (kjr) (Entered: 07/09/2002) 07/12/ ORDER, Motion hearing set for 5:00 7/29/02 for [4-1] motion to consolidate cases 9:02cv103 & 9:02cv112; [4-2] motion appointment as lead plaintiff; [4-3] motion approval of selection of lead and liaison counsel; [2-1] motion to consolidate cases (9:02cv103 & 9:02cv112); [2-2] motion to be appointed lead plaintiffs; [2-3] motion for approval of lead plaintiffs' selection of lead counsel & liaison counsel ( signed by Judge John Hannah Jr. ) cc JH, parties 7/12/02 (kjr) (Entered: 07/12/2002) 07/12/ ORDER approving [7-1] Stipulation and Agreement Between the Parties. The time for certain dfts to respond to the complaint shall be extended pending the court's determination of the motion & service of a consolidated amended complaint. If the court consolidates this action and appoints a lead plaintiff, that lead plaintiff shall have 45 days to serve a consolidated amended complaint. Certain dfts shall have 45 days from service of the consolidated amended complaint to respond. Plaintiff will have 45 days to respond to certain dfts' response. Certain dfts will then have 30 days to reply to plaintiff's response. ( signed by Judge John Hannah Jr. ) JH, parties 7/12/02 (kjr) (Entered: 07/12/2002) 07/19/ MOTION by Universal Access Inc, et al for Edward D Johnson to appear pro hac vice (kjr) (Entered: 07/23/2002) 07/19/ MOTION by Universal Access Inc, et al for Michael Lacovara to appear pro hac vice (kjr) (Entered: 07/23/2002) 07/19/ MOTION by Universal Access Inc, etal for Emily Alexander to appear pro hac vice

15 (kjr) (Entered: 07/23/2002) 07/23/ Notice of attorney appearance for Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, George A King, Robert J Pommer, Paolo Guidi, Scott D Fehlan, Universal Access by David Joseph Guillory (kjr) (Entered: 07/23/2002) 07/23/2002 PHV Filing Fee paid by atty Emily Alexander; PHV FILING FEE $ RECEIPT # (kjr) (Entered: 07/23/2002) 07/23/2002 PHV Filing Fee paid by atty Michael Lacovara; PHV FILING FEE $ RECEIPT # (kjr) (Entered: 07/23/2002) 07/23/2002 PHV Filing Fee paid by atty Edward Johnson; PHV FILING FEE $ RECEIPT # (kjr) (Entered: 07/23/2002) 07/26/2002 Received courtesy notification from StoneRidge Investment Partners of filing with MDL of (1) Transfer motion, (2) Memorandum of Law in Support of Transfer Motion, (3) Notice of Appearance, (4) Declaration of Deborah R Gross, and (5) Corporate Disclosure Statement (kjr) (Entered: 07/26/2002) 07/26/ MOTION by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, George A King, Robert J Pommer, Universal Access, Scott D Fehlan to transfer case to ND/IL pursuant to 28 USC 1404 (kjr) (Entered: 07/26/2002) 07/29/ ORDER granting [13-1] motion for Emily Alexander to appear pro hac vice ( signed by Judge John Hannah Jr. ) cc JH, parties 7/29/02 (kjr) (Entered: 07/29/2002) 07/29/ ORDER granting [11-1] motion for Edward D Johnson to appear pro hac vice ( signed by Judge John Hannah Jr. ) cc JH, parties 7/29/02 (kjr) (Entered: 07/29/2002) 07/29/ ORDER granting [12-1] motion for Michael Lacovara to appear pro hac vice ( signed by Judge John Hannah Jr. ) cc JH, parties 7/29/02 (kjr) (Entered: 07/29/2002) 07/29/2002 Motion hearing re: [4-1] motion to consolidate cases 9:02cv103 & 9:02cv112, [4-2] motion appointment as lead plaintiff, [4-3] motion approval of selection of lead and liaison counsel, [2-1] motion to consolidate cases (9:02cv103 & 9:02cv112), [2-2] motion to be appointed lead plaintiffs, [2-3] motion for approval of lead plaintiffs' selection of lead counsel & liaison counsel before Judge John Hannah Jr. (pad) (Entered: 08/07/2002) 07/29/ Minutes Re: [0-0] motion hearing by Judge John Hannah Jr. on 7/29/02 (Ct rep/ecro: Ron Mason) (pad) (Entered: 08/07/2002) 07/31/ ** SEE AMENDED ORDER #34 ** ORDER granting [4-1] motion to consolidate cases 9:02cv103 9:02cv112 9:02-cv-103 with member cases 9:02-cv-112, granting [4-2] motion appointment as lead plaintiff, denying [4-3] motion approval of selection of lead and liaison counsel, granting [2-1] motion to consolidate cases (9:02cv103 & 9:02cv112), denying [2-2] motion to be appointed lead plaintiffs, denying [2-3] motion for approval of lead plaintiffs' selection of lead counsel & liaison counsel. All future filings in this matter are to be filed under this single consolidated styled and caused number ( signed by Judge John Hannah Jr. ) cc:

16 Judge Hannah, all parties 7/31/02 (fnt) Modified on 08/26/2002 (Entered: 07/31/2002) 08/05/ Transcript of Motion Hearing held 7/29/02 filed. Court Reporter: Ron Mason ( 26 pages) (kjr) (Entered: 08/05/2002) 08/07/2002 Received copies of documents filed by Universal Access, Inc, Universal Access Global Holdings, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, George A King, Robert J Pommer and Scott D Fehlan with MDL Panel (motion to transfer and consolidate with ND/IL, etc) (kjr) (Entered: 08/07/2002) 08/08/ Motion by StoneRidge Invest for Deborah R Gross to appear pro hac vice (kjr) (Entered: 08/12/2002) 08/08/ MOTION by John Frandsen Group, StoneRidge Invest to correct clerical Error to amend order consolidating cases, appointing lead plaintiffs and approving selection of lead and liaison counsel (kjr) (Entered: 08/14/2002) 08/09/ MOTION by John Frandsen Group, StoneRidge Invest to extend deadline to file response to motion to transfer venue (kjr) (Entered: 08/12/2002) 08/12/2002 Received from Universal Access, et al copies of revised schedule of actions and revised proof of service filed with MDL Panel (kjr) (Entered: 08/12/2002) 08/13/ MOTION by Steven Reynolds, StoneRidge Invest for Christopher T Reyna to appear pro hac vice (kjr) (Entered: 08/14/2002) 08/13/2002 PHV Filing Fee paid by atty Deborah R Gross; PHV FILING FEE $ RECEIPT # (kjr) (Entered: 08/14/2002) 08/13/ MOTION by lead plaintiffs for hearing on Defendant's Motion to Transfer Venue (kjr) (Entered: 08/14/2002) 08/13/ MOTION by John Frandsen, StoneRidge Invest for leave to file Response Brief in Excess of Page Limit (kjr) (Entered: 08/14/2002) 08/14/2002 PHV Filing Fee paid by atty Christopher T Reyna; PHV FILING FEE $ RECEIPT # (kjr) (Entered: 08/14/2002) 08/14/ ORDER granting [25-1] motion for hearing on Defendant's Motion to Transfer Venue, Motion hearing set for 1:30 8/27/02 for [14-1] motion to transfer case to ND/IL pursuant to 28 USC 1404 ( signed by Judge John Hannah Jr. ) cc JH, parties 8/14/02 (kjr) (Entered: 08/14/2002) 08/14/ ORDER granting [23-1] motion for Christopher T Reyna to appear pro hac vice ( signed by Judge John Hannah Jr. ) cc JH, parties 8/14/02 (kjr) (Entered: 08/14/2002) 08/14/ ORDER granting [22-1] motion for Deborah R Gross to appear pro hac vice ( signed by Judge John Hannah Jr. ) cc JH, parties 8/14/02 (kjr) (Entered: 08/14/2002) 08/19/ ORDER granting [26-1] motion for leave to file Response Brief in Excess of Page Limit ( signed by Judge John Hannah Jr. ) cc JH, parties 8/19/02 (kjr) (Entered: 08/19/2002)

17 08/19/ Response by Frandsen Group, StoneRidge Invest to [14-1] motion to transfer case to ND/IL pursuant to 28 USC 1404 (kjr) (Entered: 08/19/2002) 08/22/ ORDER granting [21-1] motion to extend deadline to file response to motion to transfer venue. The deadline is extended to 8/14/02 ( signed by Judge John Hannah Jr. ) cc JH, parties 8/22/02 (kjr) (Entered: 08/22/2002) 08/23/ MOTION by defendants for leave to file Reply Memorandum in Support of Motion to Transfer in excess of page limit (kjr) (Entered: 08/23/2002) 08/23/ AMENDED ORDER granting [4-1] motion to consolidate cases 9:02cv103 and 9:02cv112 in 9:02-cv-00103, granting [4-2] motion appointment as lead plaintiff in 9:02-cv-00103, denying [4-3] motion approval of selection of lead and liaison counsel in 9:02-cv-00103, granting [2-1] motion to consolidate cases (9:02cv103 & 9:02cv112) in 9:02-cv-00103, denying [2-2] motion to be appointed lead plaintiffs in 9:02-cv-00103, denying [2-3] motion for approval of lead plaintiffs' selection of lead counsel & liaison counsel in 9:02-cv John Frandsen, James P Newsome, William Ryback-Luedi, Jerry Freeland, Michael Whelan, George Tenyer and StoneRidge Investment Partners LLC are appointed Lead Plaintiffs. Nix Patterson & Roach and the Law Offices of Bernard Gross are appointed and approved as Lead Plaintiffs' Co-Lead Counsel and the Law Offices of Claude E Welch is appointed and approved as Lead Plaintiffs' Liaison Counsel. ( signed by Judge John Hannah Jr. ) cc JH, parties 8/26/02 (kjr) Additional attachment(s) added on 5/12/2004 (kjr, ). (Entered: 08/26/2002) 08/23/2002 Terminated document #24 Motion to Correct - See #34 Amended Order (kjr) (Entered: 08/26/2002) 08/27/2002 Motion hearing re: [14-1] motion to transfer case to ND/IL pursuant to 28 USC 1404 Motion hearing held before Judge John Hannah Jr. Court will enter an order by Tuesday. (pad) (Entered: 08/27/2002) 08/28/ ORDER granting [33-1] motion for leave to file Reply Memorandum in Support of Motion to Transfer in excess of page limit ( signed by Judge John Hannah Jr. ) cc JH, parties 8/28/02 (kjr) (Entered: 08/28/2002) 08/28/ Reply by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, George A King, Robert J Pommer, Scott D Fehlan, Universal Access to response to [14-1] motion to transfer case to ND/IL pursuant to 28 USC 1404 (kjr) (Entered: 08/28/2002) 09/03/ Memorandum Opinion and Order denying [14-1] motion to transfer case to ND/IL pursuant to 28 USC 1404 (signed by Judge John Hannah Jr) cc: attys, JH 9/3/02 (djh) (Entered: 09/03/2002) 09/03/ ORDER that the Court sua sponte sets this case for a scheduling conference to be held on 9/18/02 at 10:30 a.m. in Tyler, TX. Before the conference the parties are to communicate and attempt to work out a scheduling and discovery order to submit to the Court for signature at the conclusion of the conference. Said scheduling order shall include jury selection and trial date of 9/29/03 set scheduling conference for 10:30 9/18/02 before Judge John Hannah Jr (signed by Judge John Hannah Jr) cc; attys, JH 9/3/02 (djh) (Entered: 09/03/2002)

18 09/05/ MOTION by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, George A King, Robert J Pommer, Scott D Fehlan to stay proceddings pending a ruling of the judicial panel on multidistrict litigation of dfts' motion transfer (djh) (Entered: 09/06/2002) 09/16/ JOINT MOTION by plaintiffs and defendants for entry of partial agreed scheduling order (djh) (Entered: 09/16/2002) 09/18/2002 Scheduling conference before Judge John Hannah Jr. held (pad) (Entered: 09/18/2002) 09/18/ Minutes Re: [0-0] Scheduling conference by Judge John Hannah Jr. on 9/18/02 (Ct rep/ecro: Ron Mason) (pad) (Entered: 09/18/2002) 09/18/2002 Minute entry: mooting [39-1] motion to stay proceddings pending a ruling of the judicial panel on multidistrict litigation of dfts' motion transfer (pad) (Entered: 09/30/2002) 09/20/ Scheduling order setting following deadlines: Deadline for pla to file amended consolidated complaint by 10/40/2; Dfts to file motion to dismiss and answer by 10/24/02; Plas file oppisition to motion to dismiss by 11/7/02; Dfts reply to plas opposition to motion to dismiss by 11/14/02; Rule 26(a) disclosures by 12/16/02; Complete class representative depositions if any by 1/14/03; Deadline for plas to file motion for class certification by 1/24/03; Deadline for dfts to respond to motion for class certification by 2/11/03; Plas to reply to dft's response are class certification by 2/21/03; Designate witnesses exhibits and deposition designations for class certification hearing by 3/4/03; Hearing on motion for class certification by 3/10/03; designation of expert witnesses and expert reports due by 6/16/03; Rebuttal expert reports due by 6/25/03; Deadline to complete mediation if any by 6/30/03; Daubert motions, dispositive motions and motions requireing a hearing to be filed by 7/18/03; All discovery to be completed by 7/25/03; Responses to Daubert dispositive motions and other omotions due by 7/31/03; Hearings on Daubert, dispositive motions and motions requiring a hearing to be filed by 7/18/03; All discovery to be completed by 7/25/03; Responses to Daubert, dispositive and other motions due by 7/31/03; Hearings on Daubert, dispositive and other motions by 8/4-5/03; Identify trial witnesses, exhibit list, deposition submission, motions in limine, pretrial disclosures exhibits lists; Joint pretrial order, joint proposed jury instructions, motions in limine are due by 9/2/03; Final pretrial conference by 9/29/03; and jury selection set for 9/30/03 (signed by Judge John Hannah, Jr) cc; attys, JH 9/20/02 (djh) (Entered: 09/20/2002) 09/26/ Notice by John Frandsen, StoneRidge Invest of Decision (kjr) (Entered: 09/26/2002) 09/30/ ORDER DEEMING MOTION AS MOOT motions to transfer of 9:02cv103 and 9:02cv112. Signed by Michael J Beck, Clerk of the MDL Panel and filed at MDL on 9/26/02 cc JH, parties 9/30/02 (kjr) (Entered: 09/30/2002) 10/02/ Notice of Deficiency regarding the Table of Contents and Table of Authorities to accompany Dfts' Reply Memorandum in Support of Motion to Transfer submitted by defendant Universal Access. Correction should be made by 10/10/02 (kjr) (Entered: 10/02/2002)

19 10/04/ Amended complaint by Lead Plaintiffs, amending [1-1] complaint (kjr) (Entered: 10/07/2002) 10/17/ MOTION by Universal Access dfts to modify [42-1] Scheduling order (kjr) (Entered: 10/17/2002) 10/23/ Deficient Document ORDER. The table of contents & table of authorities to accompany dfts' reply memo shall be allowed for filing as of the date originally received. ( signed by Judge John Hannah Jr. ) cc JH, parties 10/23/02 (kjr) (Entered: 10/23/2002) 10/23/2002 Inserted table of contents and table of authorities in Dfts' reply memorandum in support of motion to transfer (doc #36) per Deficient Document Order (kjr) (Entered: 10/23/2002) 10/23/ ORDER granting [47-1] motion to modify [42-1] Scheduling Order. Dfts shall have until 10 days after the Court rules upon the dfts' motion to dismiss and motion to strike to file their answer to plas' amended consolidated complaint. ( signed by Judge John Hannah Jr. ) cc JH, parties 10/23/02 (kjr) (Entered: 10/23/2002) 10/24/ UNOPPOSED MOTION by all dfts' to file motion to dismiss in excess of page limit (djh) (Entered: 10/24/2002) 10/24/ MOTION by to strike, request for oral hearing (djh) Modified on 10/29/2002 (Entered: 10/24/2002) 10/24/ Declaration by David J. Guillory in support of motion strike [46-1] exhibits to pla's amended complaint and motion to dismiss (which has a motion for lv to file pending) (djh) (Entered: 10/24/2002) 10/24/ Unpublished authorities cited in dfts' memorandum of law in support of motion to dismiss filed by all dft's (djh) (Entered: 10/28/2002) 10/29/ ORDER granting [50-1] motion to file motion to dismiss in excess of page limit ( signed by Judge John Hannah Jr. ) cc JH, parties 10/29/02 (kjr) (Entered: 10/29/2002) 10/29/ Motion by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, Robert J Pommer to dismiss the Amended Consolidated Complaint (kjr) (Entered: 10/29/2002) 11/07/ MOTION by Lead Plaintiffs to exceed page limitation to file response to motion to dismiss (djh) (Entered: 11/08/2002) 11/07/ Declaration by Christopher Reyna in support of plas' opposition to dfts' Re: [55-1] motion to dismiss (djh) (Entered: 11/08/2002) 11/07/ Response by Lead Plaintiffs to [51-1] motion to strike (kjr) (Entered: 11/14/2002) 11/14/ MOTION by dfts to exceed page limitation for Reply Memorandum in Support of Motion to Dismiss (kjr) (Entered: 11/14/2002) 11/14/ Reply by dfts to response to [51-1] motion to strike (kjr) (Entered: 11/14/2002) 11/14/ Notice by dfts of service of documents submitted for filing 11/14/02 (kjr) (Entered:

20 11/14/2002) 11/20/ ORDER granting dfts' [59-1] motion to exceed page limitation for Reply Memorandum in Support of Motion to Dismiss ( signed by Judge John Hannah Jr. ) cc JH, parties 11/20/02 (kjr) (Entered: 11/20/2002) 11/20/ Reply by dfts to response to [55-1] motion to dismiss the Amended Consolidated Complaint (kjr) (Entered: 11/20/2002) 11/20/ Affidavit by David J Guillory for dfts Re: [63-1] Response reply (kjr) (Entered: 11/20/2002) 11/20/ ORDER granting [56-1] motion to exceed page limitation to file response to motion to dismiss ( signed by Judge John Hannah Jr. ) cc JH, parties 11/20/02 (kjr) (Entered: 11/20/2002) 11/20/ Response by Lead Plaintiffs to [55-1] motion to dismiss the Amended Consolidated Complaint (kjr) (Entered: 11/20/2002) 11/26/ Sur-Reply by Lead Plaintiffs to response to [55-1] motion to dismiss the Amended Consolidated Complaint (kjr) (Entered: 11/27/2002) 12/09/ ORDER granting [51-2] motion for oral hearing, Motion hearing set for 9:30 1/23/03 IN TYLER for [55-1] motion to dismiss the Amended Consolidated Complaint ( signed by Judge John Hannah Jr. ) cc JH, parties 12/9/02 (kjr) (Entered: 12/09/2002) 12/09/ Fax noticing receipt of #68 Order for Motion Hearing to attorneys of record (kjr) (Entered: 12/09/2002) 01/02/ Notice by dfts of submission of stock price information (kjr) (Entered: 01/02/2003) 01/15/ Notice by Michael Lacovara, Edward Johnson & Emily Alexander of firm name change (djh) (Entered: 01/16/2003) 01/23/2003 Motion hearing re: [55-1] motion to dismiss the Amended Consolidated Complaint Motion hearing held before Judge John Hannah Jr. (pad) (Entered: 01/24/2003) 01/23/ Minutes Re: [0-0] motion hearing by Judge John Hannah Jr. on 1/23/03 (Ct rep/ecro: Ron Mason) (pad) (Entered: 01/24/2003) 02/03/ Transcript of Hearing on Motion to Dismiss held on 1/23/03 filed. Court Reporter: Ron Mason ( 147 pages) (kjr) (Entered: 02/06/2003) 02/05/ ORDER granting in part, denying in part [51-1] motion to strike. Plas shall refile their First Amended Consolidated Class Action Complaint with the wording & images redacted as set out in the order by 2/10/03 ( signed by Judge John Hannah Jr. ) cc JH, parties 2/5/03 (kjr) (Entered: 02/05/2003) 02/05/ Fax noticing receipt of #73 Order 2/5/03 by attys of record (kjr) (Entered: 02/05/2003) 02/10/ Response by Lead Plaintiffs to [73-1] order to refile their First Amended Consolidated Class Action Complaint with the wording & images redacted as set out in the order (kjr) (Entered: 02/11/2003)

21 02/11/ Amended complaint by Lead Plaintiffs with redactions, amending [1-1] complaint (kjr) (Entered: 02/11/2003) 02/20/ Letter from Claude Welch re: 9th Circuit Opinion issued on 2/13/02 (djh) (Entered: 02/21/2003) 03/07/ ORDER granting in part, denying in part [55-1] motion to dismiss the Amended Consolidated Complaint. Plas are granted leave to amend their complaint as to Statement Four, made 5/10/01; Statement Six, made on 10/30/01; Statement Seven, made on 11/12/01; an Statement Eight, made on 1/9/02. Plas have 45 days to file their Second Amended Class Action Complaint in accordance with this order. As to the remaining statements complained of within Plaintiffs' First Amended Class Action Complaint, Defendants' Motion to Dismiss is granted. ( signed by Judge John Hannah Jr. ) cc JH, parties 3/7/03 (kjr) (Entered: 03/07/2003) 03/07/ Fax noticing receipt of #78 Order on Motion to Dismiss Plaintiffs' Amended Consolidated Complaint to all attys 3/7/03 (kjr) (Entered: 03/07/2003) 03/20/ MOTION by Lead Plaintiffs for reconsideration of [78-1] order, to vacate [78-1] order (kjr) (Entered: 03/21/2003) 04/04/ Response by dfts to [80-1] motion for reconsideration of [78-1] order (kjr) (Entered: 04/07/2003) 04/14/ ORDER denying [80-1] motion for reconsideration of [78-1] order (signed by Judge John Hannah Jr) cc; attys, JH 4/14/03 (djh) (Entered: 04/14/2003) 04/14/ Fax noticing receipt of #82 order to attorney Christopher Reyna for plaintiff StoneRidge Invest in 9:02-cv-00103, Deborah R Gross for plaintiff StoneRidge Invest in 9:02-cv-00103, William B Federman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Steven G Schulman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Samuel H Rudman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Don Edwin Stokes for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Bradley Earl Beckworth for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, Claude Edward Welch for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, George L McWilliams for plaintiff George Tenyer in 9:02-cv-00103, Richard Andrew Adams for plaintiff George Tenyer in 9:02-cv-00103, Kenneth Edward Shore for plaintiff George Tenyer in 9:02-cv-00103, Michael Wayne Shore for plaintiff George Tenyer in 9:02-cv-00103, Michael Lacovara for defendant Universal Access in 9:02-cv , Emily Alexander for defendant Universal Access in 9:02-cv-00103, Edward D Johnson for defendant Universal Access in 9:02-cv-00103, David Joseph Guillory for defendant Universal Access in 9:02-cv-00103, Edward Lewis Hohn for plaintiff John Frandsen in 9:02-cv /14/03. (djh) (Entered: 04/14/2003) 04/21/ MOTION by Lead Plaintiffs for reconsideration of [82-1] order, for leave to file information under seal, to extend time to file amended complaint (kjr) (Entered: 04/21/2003) 05/05/ Response by dfts to [84-1] motion for reconsideration of [82-1] order, [84-2] motion for leave to file information under seal, [84-3] motion to extend time to file amended complaint (kjr) (Entered: 05/05/2003)

22 05/12/ Reply by Lead Plaintiffs to response to [84-1] motion for reconsideration of [82-1] order (kjr) (Entered: 05/13/2003) 05/16/ ORDER denying [84-1] motion for reconsideration of [82-1] order, denying [84-2] motion for leave to file information under seal, granting [84-3] motion to extend time to file amended complaint, set amend pleadings by 5/27/03 ( signed by Judge John Hannah Jr. ) cc JH, parties 5/16/03 (kjr) (Entered: 05/16/2003) 05/16/ Fax noticing receipt of #87 Order to attorney Christopher Reyna for plaintiff StoneRidge Invest in 9:02-cv-00103, Deborah R Gross for plaintiff StoneRidge Invest in 9:02-cv-00103, William B Federman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Steven G Schulman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Samuel H Rudman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Don Edwin Stokes for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Bradley Earl Beckworth for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, Claude Edward Welch for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, George L McWilliams for plaintiff George Tenyer in 9:02-cv-00103, Richard Andrew Adams for plaintiff George Tenyer in 9:02-cv-00103, Kenneth Edward Shore for plaintiff George Tenyer in 9:02-cv-00103, Michael Wayne Shore for plaintiff George Tenyer in 9:02-cv-00103, Michael Lacovara for defendant Universal Access in 9:02-cv , Emily Alexander for defendant Universal Access in 9:02-cv-00103, Edward D Johnson for defendant Universal Access in 9:02-cv-00103, David Joseph Guillory for defendant Universal Access in 9:02-cv-00103, Edward Lewis Hohn for plaintiff John Frandsen in 9:02-cv /16/03. (kjr) (Entered: 05/16/2003) 05/27/ MOTION by Lead Plaintiffs for leave to file Second Amended Class Action Complaint (kjr) (Entered: 05/27/2003) 05/30/ Stipulation and agreement between parties for extension of time for dfts to respond to 2nd amended complaint (djh) Modified on 06/03/2003 (Entered: 06/02/2003) 06/09/ UNOPPOSED MOTION by Universal Access Inc, Patrick Shutt, Robert Pommer, Robert Rainone and Robert Brown to extend dfts' response date (djh) Modified on 06/11/2003 (Entered: 06/09/2003) 06/10/ ORDER granting [90-1] motion for extension of time for dfts to respond to 2nd amended complaint. Dfts shall have until 6/30/03 to respond to the 2nd amended complaint & lead plas will have 30 days to respond. ( signed by Judge John Hannah Jr. ) cc JH, parties 6/10/03 (kjr) Modified on 06/11/2003 (Entered: 06/10/2003) 06/10/ Fax noticing receipt of #92 Order 6/10/03. (kjr) (Entered: 06/10/2003) 06/16/ ORDER granting [91-1] motion to extend dfts' response date. Dfts shall have until 6/27/03 to oppose lead plas' motion for leave to amended their complaint. signed by Judge John Hannah Jr. ) cc JH, parties 6/16/03 (kjr) (Entered: 06/16/2003) 06/16/ Fax noticing receipt of #94 Order to attorney Christopher Reyna for plaintiff StoneRidge Invest in 9:02-cv-00103, William B Federman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Steven G Schulman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Don Edwin Stokes for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Bradley Earl Beckworth for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, Claude Edward Welch for

23 plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, George L McWilliams for plaintiff George Tenyer in 9:02-cv-00103, Richard Andrew Adams for plaintiff George Tenyer in 9:02-cv-00103, Kenneth Edward Shore for plaintiff George Tenyer in 9:02-cv-00103, Michael Lacovara for defendant Universal Access in 9:02-cv-00103, Emily Alexander for defendant Universal Access in 9:02- cv-00103, Edward D Johnson for defendant Universal Access in 9:02-cv-00103, David Joseph Guillory for defendant Universal Access in 9:02-cv-00103, Edward Lewis Hohn for plaintiff John Frandsen in 9:02-cv /16/03 (note: mailed to M. Shore, Rudman & Gross) (kjr) (Entered: 06/16/2003) 06/27/ Defendants' Response to [89-1] motion for leave to file Second Amended Class Action Complaint (kjr) (Entered: 06/30/2003) 06/27/ MOTION by Defendants to exceed page limitation in filing Motion to Dismiss (kjr) (Entered: 06/30/2003) 06/27/ MOTION by Defendants to strike Second Amended Complaint (kjr) (Entered: 06/30/2003) 06/27/ Request for oral hearing by Defendants on Motion to Strike (kjr) (Entered: 06/30/2003) 07/07/ ORDER granting [97-1] motion to exceed page limitation in filing Motion to Dismiss ( signed by Judge John Hannah Jr. ) cc JH, parties 7/7/03 (kjr) (Entered: 07/07/2003) 07/07/ MOTION by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, Robert J Pommer to dismiss Second amended Consolidated Complaint (kjr) (Entered: 07/07/2003) 07/08/ Fax noticing receipt of #99 Order 7/7/03 to all attys of record (kjr) (Entered: 07/08/2003) 07/09/ MOTION by Lead Plaintiffs to extend briefing deadlines (kjr) (Entered: 07/10/2003) 07/10/2003 Terminated document #40 - granted by #42 (kjr) (Entered: 07/10/2003) 07/13/ Notice by Steven Reynolds, StoneRidge Invest to remove Christopher T Reyna from service list (no longer with firm) (kjr) Modified on 07/17/2003 (Entered: 07/17/2003) 07/15/ ORDER granting [102-1] motion to extend briefing deadlines. Plas shall have until 8/29/03 to oppose dfts' motion to dismiss, oppose dfts' motion to strike and reply to dfts' opposition to plas' motion for leave to amend. Dfts shall have until 9/26/03 to reply to plas' oppositon to dfts' motion to dismiss and reply to plas' opposition to dfts' motion to strike signed by Judge John Hannah Jr. ) cc JH, parties 7/15/03 (kjr) (Entered: 07/15/2003) 07/15/ Fax noticing receipt of #103 Order 7/15/03 to all attys of record (kjr) (Entered: 07/15/2003) 08/04/ MOTION by Lead Plaintiffs for Michael W Shore & Shore*Deary Law Firm to withdraw as attorney (kjr) (Entered: 08/04/2003)

24 08/06/ ORDER granting [106-1] motion for Michael W Shore & Shore*Deary Law Firm to withdraw as attorney (Terminated attorney Kenneth Edward Shore for George Tenyer, attorney Michael Wayne Shore for George Tenyer, attorney Kenneth Edward Shore for Jerry Freeland, attorney Michael Wayne Shore for Jerry Freeland, attorney Kenneth Edward Shore for Michael Whelan, attorney Michael Wayne Shore for Michael Whelan, attorney Kenneth Edward Shore for William Ryback-Luedi, attorney Michael Wayne Shore for William Ryback-Luedi, attorney Kenneth Edward Shore for James P Newsome, attorney Michael Wayne Shore for James P Newsome, attorney Kenneth Edward Shore for John Frandsen, attorney Michael Wayne Shore for John Frandsen ( signed by Judge John Hannah Jr. ) cc JH, parties 8/6/03 (kjr) (Entered: 08/06/2003) 08/06/ Fax noticing receipt of #107 Order 8/6/03 to attys of record (kjr) (Entered: 08/06/2003) 08/29/ Response by Lead Plaintiffs, and in 9:02-cv to [98-1] motion to strike Second Amended Complaint (fnt) Modified on 08/29/2003 (Entered: 08/29/2003) 08/29/ Reply by Lead Plaintiffs in 9:02-cv to response to [89-1] motion for leave to file Second Amended Class Action Complaint (fnt) Modified on 08/29/2003 (Entered: 08/29/2003) 08/29/ MOTION by John Frandsen in 9:02-cv-00103, StoneRidge Investment Partner, LLC in 9:02-cv-00103, Lead Plaintiffs in 9:02-cv to exceed page limitation Response Brief and Reply Brief (fnt) (Entered: 08/29/2003) 09/04/ ORDER granting [111-1] motion to exceed page limitation Response Brief and Reply Brief ( signed by Judge John Hannah Jr. ) cc JH, parties 9/4/03 (kjr) (Entered: 09/04/2003) 09/04/ Response by Lead Plaintiffs to [100-1] motion to dismiss Second Amended Consolidated Complaint (kjr) (Entered: 09/04/2003) 09/04/ Fax noticing receipt of #112 Order 9/4/03 to all attys of record. (kjr) (Entered: 09/04/2003) 09/17/ ORDER denying [89-1] motion for leave to file Second Amended Class Action Complaint; denying as moot [98-1] motion to strike Second Amended Complaint; Ordered that Lead Pla's file their Second Amended Consolidated Class Action Complaint within 15 days; set amend, join, implead parties by 10/3/03 (signed by Judge John Hannah Jr.) cc: JH, parties 9/17/03 (mjm) (Entered: 09/17/2003) 09/17/ Fax noticing receipt of Order #115 to attorney Deborah R Gross for plaintiff StoneRidge Invest in 9:02-cv-00103, Bradley Earl Beckworth for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, Claude Edward Welch for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, George L McWilliams for plaintiff George Tenyer in 9:02-cv-00103, Richard Andrew Adams for plaintiff George Tenyer in 9:02-cv-00103, Edward Lewis Hohn for plaintiff John Frandsen in 9:02-cv /17/03 10:18. (mjm) (Entered: 09/17/2003) 10/01/ Second Amended complaint by Lead Plaintiffs re consolidated class action amending [1-1] complaint (djh) (Entered: 10/02/2003) 10/08/ AGREED MOTION by Universal Access Inc to extend briefing deadline (djh)

25 (Entered: 10/08/2003) 10/17/ ORDER granting [118-1] motion to extend briefing deadline; dfts shall have until 11/4/03 to file their motion to dismiss plas' second amended consolidated complaint; set motion filing deadline for 11/4/03 (signed by Judge John Hannah Jr.) cc: JH, parties 11/4/03 (mjm) (Entered: 10/17/2003) 10/17/ Fax noticing receipt of Order #119 to attorney Michael Lacovara for defendant Universal Access in 9:02-cv-00103, Emily Alexander for defendant Universal Access in 9:02-cv-00103, Edward D Johnson for defendant Universal Access in 9:02-cv-00103, David Joseph Guillory for defendant Universal Access in 9:02-cv /17/03 12:00. (mjm) (Entered: 10/20/2003) 11/04/ MOTION by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, Robert J Pommer to strike (djh) (Entered: 11/05/2003) 11/04/ MOTION by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone Jr, Robert J Pommer to exceed page limitation to file motion to dismiss (djh) (Entered: 11/05/2003) 11/12/ ORDER granting [122-1] motion to exceed page limitation to file motion to dismiss ( signed by Judge John Hannah Jr. ) cc JH, parties 11/14/03 (kjr) (Entered: 11/14/2003) 11/12/ MOTION by Universal Access Inc, Patrick C Shutt, Robert J Pommer, Robert E Rainone Jr, Robert M Brown to dismiss second amended consolidated complaint (kjr) (Entered: 11/14/2003) 11/14/ Declaration of David J Guillary in support of [124-1] motion to dismiss second amended consolidated complaint (kjr) (Entered: 11/14/2003) 11/14/ Fax noticing receipt of #123 Order 11/14/03 to attys of record - mailed to Gross (kjr) (Entered: 11/14/2003) 11/19/ AGREED Motion by all parties to extend briefing deadlines (djh) (Entered: 11/19/2003) 11/21/ ORDER granting [127-1] motion to extend briefing deadlines, Plas have until 11/25/03 to oppose dfts motion to dismiss and motion to strike; Response to motion reset to 11/25/03 for [124-1] motion to dismiss second amended consolidated complaint, reset to 11/25/03 for [121-1] motion to strike, reset to 11/25/03 for [100-1] motion to dismiss Second amended Consolidated Complaint, Dfts have until 12/15/03 to reply to plas opposition to dfts motion to dismiss and motion to strike; set notice of compliance due for 12/15/03 for Robert J Pommer, for Robert E Rainone Jr, for Robert M Brown, for Patrick C Shutt, for Universal Access Inc (signed by Judge John Hannah Jr.) cc: JH, parties 11/21/03 (mjm) (Entered: 11/21/2003) 11/21/ Fax noticing receipt of Order #128 to attorney Christopher Reyna for plaintiff StoneRidge Invest in 9:02-cv-00103, Deborah R Gross for plaintiff StoneRidge Invest in 9:02-cv-00103, William B Federman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Steven G Schulman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Samuel H Rudman for consolidated plaintiff Steven Reynolds in 9:02-cv-00103, Don Edwin Stokes for consolidated plaintiff Steven

26 Reynolds in 9:02-cv-00103, Bradley Earl Beckworth for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, Claude Edward Welch for plaintiff StoneRidge Investment Partner, LLC in 9:02-cv-00103, George L McWilliams for plaintiff George Tenyer in 9:02-cv-00103, Richard Andrew Adams for plaintiff George Tenyer in 9:02-cv-00103, Kenneth Edward Shore for plaintiff George Tenyer in 9:02-cv-00103, Michael Wayne Shore for plaintiff George Tenyer in 9:02-cv-00103, Michael Lacovara for defendant Universal Access in 9:02-cv , Emily Alexander for defendant Universal Access in 9:02-cv-00103, Edward D Johnson for defendant Universal Access in 9:02-cv-00103, David Joseph Guillory for defendant Universal Access in 9:02-cv-00103, Edward Lewis Hohn for plaintiff John Frandsen in 9:02-cv /21/03 15:04. (mjm) (Entered: 11/21/2003) 11/24/ MOTION by Lead Plaintiffs for leave to file Response Brief to Motion to Dismiss in excess of page limit (kjr) (Entered: 11/24/2003) 11/24/ Response by Lead Plaintiffs in 9:02-cv to [121-1] motion to strike (kjr) (Entered: 11/24/2003) 11/26/ ORDER granting [130-1] motion for leave to file Response Brief to Motion to Dismiss in excess of page limit ( signed by Judge John Hannah Jr. ) cc JH, parties 11/26/03 (kjr) (Entered: 11/26/2003) 11/26/ Response by Lead Plaintiffs in 9:02-cv to [124-1] motion to dismiss second amended consolidated complaint (kjr) (Entered: 11/26/2003) 11/26/ Fax noticing receipt of #132 Order to attys of record (kjr) (Entered: 11/26/2003) 12/09/ ORDER transferring case to the Honorable Leonard E Davis ( signed by Judge Thad Heartfield ) cc LD, parties (kjr) (Entered: 12/10/2003) 12/09/2003 Case reassigned to Judge Leonard Davis (kjr) (Entered: 12/10/2003) 12/15/ MOTION by Dfts to exceed page limitation of Reply Brief Regarding Motion to Dismiss in Excess of Page Limit (kjr) (Entered: 12/16/2003) 12/15/ Reply by Universal Access, et al to response to [121-1] motion to strike (kjr) (Entered: 12/16/2003) 12/16/ Letter from Judge Davis to parties (ehs) (Entered: 12/16/2003) 12/22/ ORDER granting [136-1] motion to exceed page limitation of Reply Brief Regarding Motion to Dismiss in Excess of Page Limit ( signed by Judge Leonard Davis ) cc LD, parties 12/22/03 (kjr) (Entered: 12/22/2003) 12/22/ Dfts' reply memorandum of law in support of [124-1] motion to dismiss second amended consolidated complaint (kjr) (Entered: 12/22/2003) 12/22/ Fax noticing receipt of #139 Order 12/22/03 to all attys of record (kjr) (Entered: 12/22/2003) 12/30/ Notice of Hearing: Motion hearing set for 9:00 1/30/04 for [124-1] motion to dismiss second amended consolidated complaint (mjm) (Entered: 12/30/2003) 01/15/2004 Terminated document #80 Motion to Vacate - Denied by #82 Order (kjr) (Entered:

27 01/15/2004) 01/16/ Notice of attorney appearance for John Frandsen in 9:02-cv-00103, James P Newsome in 9:02-cv-00103, William Ryback-Luedi in 9:02-cv-00103, Jerry Freeland in 9:02-cv-00103, George Tenyer in 9:02-cv-00103, StoneRidge Investment Partner, LLC in 9:02-cv-00103, StoneRidge Invest in 9:02-cv by Michael Edwin Jones, Brad Edward Seidel (kjr) (Entered: 01/20/2004) 01/16/ MOTION by Lead Plaintiffs to continue and reschedule 1/30/04 hearing date on dfts' motion to dismiss (kjr) Modified on 01/22/2004 (Entered: 01/20/2004) 01/22/ ORDER granting [144-1] motion to continue and reschedule 1/30/04 hearing date on dfts' motion to dismiss, Motion hearing reset for 3:45 2/23/04 for [124-1] motion to dismiss second amended consolidated complaint ( signed by Judge Leonard Davis ) cc LD, parties 1/22/04 (kjr) (Entered: 01/22/2004) 01/22/ Fax noticing receipt of #145 Order 1/22/04 to attys of record - mailed to Guillory & Adams (kjr) (Entered: 01/22/2004) 02/13/ MOTION to Withdraw as Attorney by Michael Lacovara for dft's(djh, ) (Entered: 02/13/2004) 02/23/ Minute Entry for proceedings held before Judge Leonard Davis : Motion Hearing held on 2/23/2004 re 124 Motion to Dismiss filed by Universal Access Inc, Patrick C Shutt, Robert M Brown, Robert E Rainone, Robert J Pommer. (Court Reporter Ron Mason.) (rlf, ) (Entered: 02/23/2004) 03/05/ NOTICE by Robert M Brown, Robert J Pommer, Robert E Rainone Jr, Patrick C Shutt, Universal Access Global Holdings Inc, Universal Access Inc of submission of response to Plaintiffs' submission to the court during the 2/23/04 hearing on Dfts' Motion to Dismiss (kjr, ) (Entered: 03/18/2004) 03/22/ ORDER REASSIGNING CASE. Case reassigned to Judge Thad Heartfield for all further proceedings. Judge Leonard Davis no longer assigned to case effective 4/1/04. Signed by Judge Leonard Davis on 3/18/04. (kjr, ) (Entered: 03/22/2004) 04/15/ ORDER REFERRING CASE to Magistrate Judge Judith K. Guthrie. Signed by Judge Thad Heartfield on 4/15/04. (kjr, ) Modified on 1/25/2005 (tln, ). (Entered: 04/15/2004) 04/16/ ORDER granting in part and denying in part 100 Motion to Dismiss, granting in part and denying in part 124 Motion to Dismiss. The Motion to Dismiss is denied as to dft Universal Access and individual dfts Shutt, Pommer and Brown. The Motion to Dismiss is granted as to individual dfts Rainone and Guidi. (mooted 121 Motion to Strike). Signed by Judge Thad Heartfield on 4/9/04. (kjr, ) (Entered: 04/16/2004) 04/21/ NOTICE by Lead Plaintiffs of withdrawal of counsel (Christopher T Reyna) (djh, ) (Entered: 04/23/2004) 04/22/ NOTICE of Scheduling Conference: Scheduling Conference set for 5/19/ :00 AM in Ctrm 353 (Tyler) before Magistrate Judge Judith K. Guthrie in Tyler, Tx (djh, ) (Entered: 04/22/2004)

28 04/26/ MOTION for Extension of Time to File Answer to Plaintiffs' Second Amended Consolidated Class Action Complaint, by Robert M Brown, Robert J Pommer, Patrick C Shutt, Universal Access Inc. (Attachments: # 1 Text of Proposed Order)(kjr, ) (Entered: 04/26/2004) 04/29/ ORDER granting 155 Motion for Extension of Time to Answer. The deadline is extended to 5/17/04 for the filing of dfts' answer to Second Amended Consolidated Class Action Complaint. Signed by Judge Judith K. Guthrie on 4/27/04. (kjr, ) (Entered: 04/29/2004) 05/17/ APPLICATION to Appear Pro Hac Vice by Attorney Christopher R Edgar for Patrick C Shutt; Universal Access Inc; Robert M Brown and Robert J Pommer. (approved by Clerk) (kjr, ) (Entered: 05/17/2004) 05/17/2004 Pro Hac Vice Filing fee paid by Christopher R Edgar; Fee: $25, receipt number: (kjr, ) (Entered: 05/17/2004) 05/17/ ANSWER to Second Amended Consolidated Class Action Complaint by Robert M Brown, Robert J Pommer, Patrick C Shutt, Universal Access Global Holdings Inc, Universal Access Inc.(kjr, ) (Entered: 05/17/2004) 05/19/ Minute Entry for proceedings held before Judge Judith K. Guthrie: Scheduling Conference held on 5/19/2004. (Court Reporter Jan Mason.) (tln, ) (Entered: 05/19/2004) 05/24/ SCHEDULING ORDER: jury selection and trial in Lufkin on4/5/05; objections to depositions or exhibits, motions in limine, joint final pretrial order and joint proposed jury instructions and form of the verdict due 3/21/05; pretrial disclsoures due 3/7/05; response to dispositive motions and any other motions that may require a hearing (including Daubert motions) by 2/14/05; dispositive motions and any other motions that may require a hearing by 1/31/05; discoveryd deadline 1/31/05; dft to designate expert witnesses with reports by 12/17/04; pla to designate expert witnesses with reports by 12/3/04; hearing on motion for class certification at 10:00 am on 10/31/04 in Tyler, Tx; designate witnesses, exhibits and deposition designations for class certification hearing by 10/8/04; rebuttal expert reports concerning class certification by 9/24/04; plas' deadline to file a reply to dft's response to the motion for class certification by 9/24/04; dft's deadline to file response to the moton for class certification by 9/15/04; final disclosure deadline 8/30/04; deadline for plas to file motion for class certification by 8/20/04; complete class representative depositions by 8/20/04; plas' deadline to designate expert witnesses and submit expert reports on the issue of class certification by 8/13/04; mediation deadline by 7/30/04; deadline for focused disclosures as agreed to by the parties by 6/30/04; initial disclosures by 6/1/04. Signed by Judge Judith K. Guthrie on 5/19/04. (djh, ) Additional attachment(s) added on 5/28/2004 (djh, ). (Entered: 05/28/2004) 05/24/ ORDER REFERRING CASE to Mediator. (docketed this order in error--please ignore) (Entered: 05/28/2004) 05/24/2004 ***FILED IN ERROR. Document # 162, Order referring to mediation. PLEASE IGNORE.*** (djh, ) (Entered: 05/28/2004) 05/27/ Re ed scheduling order to attys (djh, ) Modified on 5/28/2004 (djh, ).