U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:01-cv JMR-SRN

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1 US District Court Civil Docket as of 02/10/2003 Retrieved from the court on Tuesday, August 23, 2005 U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:01-cv JMR-SRN In Re: Department 56 Inc, et al v., et al Assigned to: Chief Judge James M Rosenbaum Referred to: Magistrate Judge Susan R Nelson Demand: $0 Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 03/05/2001 Jury Demand: None Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Elfriede Glancy on behalf of herself and all others similarly situated represented by Brian P Murray Murray Frank & Sailer LLP 275 Madison Ave Ste 801 New York, NY (212) Fax: bmurray@murrayfrank.com E Powell Miller Not Admitted Garrett D Blanchfield, Jr Reinhardt Wendorf & Blanchfield 332 Minnesota St Ste E-1250 St Paul, MN g.blanchfield@rwblawfirm.com Lionel Z Glancy Glancy & Binkow 1801 Avenue of the Stars Suite 311 Los Angeles, CA Fax: info@glancylaw.com

2 Robert C Susser Not Admitted Tracy L Thrower Not Admitted Harold P Grout Reinhardt Wendorf & Blanchfield 332 Minnesota St Ste E-1250 St Paul, MN Fax: mreinhardt@comcast.net Brian Melville I Sion Sian Lee-Zoha

3 V. Defendant Department 56, Inc. represented by Lawrence B Friedman Cleary Gottlieb Steen & Hamilton One Liberty Plz New York, NY Fax: Michael C McCarthy Maslon Edelman Borman & Brand 90 S 7th St Ste 3300 Mpls, MN (612) Fax: (612) mike.mccarthy@maslon.com Mitchell A Lowenthal Cleary Gottlieb Steen & Hamilton One Liberty Plz New York, NY Fax: Papaya Van Dyke Cleary Gottlieb Steen & Hamilton One Liberty Plz New York, NY Fax: Richard Gregory Wilson Maslon Edelman Borman & Brand 3300 Wells Fargo Center 90 S 7th St Mpls, MN (612) Fax:

4 Defendant Susan Engel represented by Richard Gregory Wilson Movant Ariel Capital Management Date Filed # Docket Text 03/05/ COMPLAINT - Summons issued. Assigned to Judge James M. Rosenbaum per Securities list and referred to Magistrate Judge Susan R. Nelson. (30pg(s) Receipt # (DDB) (Entered: 03/06/2001) 03/05/2001 NOTICE given to attorney admissions clerk to send PHV forms to out of state attorneys: L. Glancy, T. Thrower, E. Miller, R. Susser & B. Murray. (DDB) (Entered: 03/06/2001) 03/26/ MINUTES:( Judge James M. Rosenbaum / Dawn Hansen) Phone conference - status of related cases. 1 pg(s) (VEM) (Entered: 03/28/2001) 04/05/ PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal ) on behalf of plaintiff by Lionel Z. Glancy 1pg(s) ( (Entered: 04/06/2001) 05/04/ MOTION by movants to consolidate cases 01-cv-401, 01-cv-442 & 01-cv-655 and for an order appointing movants as lead pltfs and for an order approving proposed lead pltfs' selection of lead counsel & liasion counsel ( to Judge James M. Rosenbaum ) (7pg(s) (DDB) (Entered: 05/10/2001) 05/04/ MEMORANDUM by movants in support of their motion to consolidate cases [4-1], for an order appointing movants as lead pltfs [4-2] & for an order approving proposed lead pltfs' selection of lead counsel & liasion counsel [4-3]. (14pg(s) (DDB) (Entered: 05/10/2001) 05/04/ AFFIDAVIT of Stuart L. Berman regarding movants' motion to consolidate cases

5 [4-1], for an order appointing movants as lead pltfs [4-2] & for an order approving proposed lead pltfs' selection of lead counsel & liasion counsel [4-3]. (33pg(s) (DDB) (Entered: 05/10/2001) 05/22/2001 NOTICE by Department 56, Inc. of association of counsel Michael C McCarthy (MMC) (Entered: 05/22/2001) 05/22/ PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal) on behalf of deft Department 56, Inc. by Lawrence B Friedman. (1pg(s) (DDB) (Entered: 05/23/2001) 05/22/ PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal) on behalf of deft Department 56, Inc. by Mitchell A Lowenthal. (1pg(s) (DDB) (Entered: 05/23/2001) 05/22/ PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal) on behalf of deft Department 56, Inc. by Papaya Van Dyke. (1pg(s) (DDB) (Entered: 05/23/2001) 05/31/ NOTICE by mov Harold P Grout of setting hearing for movs' motions to consolidate cases [4-1] for an order appointing movants as lead pltfs [4-2] for an order approving proposed lead pltfs' of lead counsel & liasion counsel ( to Judge James M. Rosenbaum ) [4-3] ret. at 9:30 a.m. on 6/14/01. (5pg(s) (DDB) (Entered: 06/04/2001) 05/31/ MEMORANDUM by mov Harold P Grout in support of movs' amended motions to consolidate cases [4-1], for an order appointing movants as lead pltfs [4-2] & for an order approving proposed lead pltfs' selection of lead counsel & liasion counsel [4-3]. (13pg(s) (DDB) (Entered: 06/04/2001) 05/31/ AFFIDAVIT of Stuart L. Berman in support of mov Grout's amended motions to consolidate cases [4-1], for an order appointing movants as lead pltfs [4-2] & an order approving proposed lead pltfs' selection of lead counsel & liasion counsel [4-3]. (25pg(s) (DDB) (Entered: 06/04/2001) 06/06/ ORDER FOR REASSIGNMENT OF RELATED CASES (Judge James M. Rosenbaum / 6/5/01)(Judge David S. Doty / 6/5/01) that case no DSD/JMM be assigned to Judge Rosenbaum by use of the Securities List and case referred to Magistrate Judge Susan R. Nelson. Case number remains the same except for initials ( JMR/SRN). 2pgs (c: attys.) (JMR) Modified on 06/11/2001 (Entered: 06/08/2001) 06/07/ RESPONSE by defts to Harold P. Grout's motion to consolidate cases [4-1]. (9pg(s) (DDB) (Entered: 06/12/2001) 08/30/ ORDER ( Magistrate Judge Susan R. Nelson / 8/29/01) granting motion to consolidate cases [4-1] 0:01-cv-401 with member cases 0:01-cv-442, 0:01-cv-655, granting motion for an order approving proposed lead pltfs' selection of lead counsel & liasion counsel [4-3]; these actions are consolidated for all purposes and this order shall apply to cases subsequently filed in this court or is transferred to this court and is consolidated with the consolidated action; Civil Action No JMR/SRN is the Master File and the clerk shall file all pleadings in the master file; the consolidated action shall have the following caption: In Re: Department

6 56, Inc. Securities Litigation; when a case of the same subject matter is filed or transferred from another court, the clerk shall file a copy of this order in the separate file for such action; mail a copy of this order to attorneys for plaintiff(s) and make the appropriate entry in the master docket; each new case shall be consolidated with this action; class member Grout is appointed to serve as lead plaintiff; the law firm of Schiffrin & Barroway is appointed lead counsel for class; the law firm of Reinhardt & Anderson is approved as liaison counsel for the class; within 30 days of entry of this order, plaintiffs designate the operative complaint in this consolidated proceeding ("Operative Complaint") by either designating an existing complaint or by filing an amended consolidated complaint; defendants have no obligation to file any answer or otherwise responsive papers other than the operative complaint; defendants have 30 days from the time of plaintiffs designate the operative complaint to respond to such pleading 5pg(s) (cc: all counsel) (DFL) Modified on 10/01/2001 (Entered: 09/05/2001) 09/28/ CONSOLIDATED AMENDED COMPLAINT [1-1] by pltfs; jury demand. (52pg(s) (DDB) (Entered: 10/02/2001) 10/30/ STIPULATION AND ORDER ( Chief Judge James M. Rosenbaum ) that if dfts respond to consolidated amd cmplt w/motion to dismiss, their papers shall be served on/before 11/12/01; dfts' reply papers shall be served on/before 12/28/01; Messrs. Kennedy, Peters, and Tomlinson shall be, and are DISMISSED AS DFTS IN THIS ACTION. 3pg(s)(cc: all counsel) (PAK) (Entered: 11/01/2001) 11/13/ LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by deft to dismiss - SVC.LTR ( to Chief Judge James M. Rosenbaum) (1pg(s) (DDB) (Entered: 11/15/2001) 11/13/ MOTION by defts to dismiss ( to Chief Judge James M. Rosenbaum ) (2pg(s) (DDB) (Entered: 01/04/2002) 12/28/ MEMORANDUM by defts in support of their motion to dismiss [19-1]. (23pg(s) (DDB) (Entered: 01/04/2002) 12/28/ REPLY DECLARATION of Michael McCarthy re defts' motion to dismiss [19-1]. (59pg(s) (DDB) (Entered: 01/04/2002) 12/28/ MEMORANDUM by pltf in opposition to defts' motion to dismiss [19-1]. (40pg(s) (DDB) (Entered: 01/04/2002) 12/28/ AFFIDAVIT of Garrett D. Blanchfield Jr. regarding pltf's memorandum in opposition to defts' motion to dismiss [19-1]. (21pg(s) (DDB) (Entered: 01/04/2002) 12/28/ DECLARATION of Richard G. Wilson re pltf's memorandum in opposition to defts' motion to dismiss [19-1]. (191pg(s) SEPARATE (DDB) (Entered: 01/04/2002) 12/28/ REPLY by defts in support of their motion to dismiss [19-1]. (12pg(s) (DDB) (Entered: 01/04/2002) 01/03/ NOTICE by defts of setting hearing for its motion to dismiss ( to Chief Judge James M. Rosenbaum ) [19-1]. ret. at 11:00 a.m. at 2/11/02 (3pg(s) (DDB) (Entered: 01/08/2002)

7 01/04/ SECOND NOTICE by defts of setting hearing for their motion to dismiss ( to Chief Judge James M. Rosenbaum ) [19-1]. ret. at 11:00 a.m. on 2/1/02 (3pg(s) (DDB) (Entered: 01/08/2002) 01/22/ NOTICE by defts of setting hearing for their motion to dismiss ( to Chief Judge James M. Rosenbaum ) [19-1]. ret. at 9:30 a.m. on 3/22/02 (3pg(s) (DDB) (Entered: 01/24/2002) 03/22/ MINUTES:( Chief Judge James M. Rosenbaum / Dawn Hansen) DEFT'S MOTION TO DISMISS (DOC #19) - under advisement [19-1]. (1pg(s) (DDB) (Entered: 03/26/2002) 05/01/ ORDER ( Chief Judge James M. Rosenbaum / 4/30/2) that defts' motion to dismiss the consolidated amended class action complaint is granted [16-1], [19-1]. (12pg(s) (cc: all counsel) (DDB) Modified on 05/06/2002 (Entered: 05/03/2002) 02/10/ MINUTES: (Chief Judge James M. Rosenbaum) The Court issued an order dated 5/1/02 granting deft motion to dismiss; the case is closed; the Clerk of Court is to close the case. 1pg (SEA) (Entered: 02/22/2003) 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