U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:05-cv LTB-MEH

Transcription

1 US District Court Civil Docket as of February 01, 2008 Retrieved from the court on September 10, 2012 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:05-cv LTB-MEH Croker v. Carrier Access Corporation et al Assigned to: Judge Lewis T. Babcock Referred to: Magistrate Judge Michael E. Hegarty Cause: 15:78 Securities Exchange Act Plaintiff Jerry Croker on behalf of himself and all others similarly situated Date Filed: 06/02/2005 Date Terminated: 01/25/2008 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Henry Rosen Robbins Geller Rudman & Dowd, LLP- San Diego 655 West Broadway #1900 San Diego, CA Fax: Kip Brian Shuman Shuman Law Firm, The 885 Arapahoe Avenue Boulder, CO Fax: Plaintiff NECA-IBEW Pension Fund lead represented by Jeffrey Allen Berens Dyer & Berens, LLP 303 East 17th Avenue #300 Denver, CO Fax:

2 Tamara J. Driscoll Robbins Geller Rudman & Dowd, LLP- Seattle 1700 Seventh Avenue #2260 Seattle, WA Fax: TERMINATED: 02/01/2008 Trig Randall Smith Robbins Geller Rudman & Dowd, LLP- San Diego 655 West Broadway #1900 San Diego, CA Fax: Kip Brian Shuman Plaintiff Lee Bronson lead represented by Jeffrey Allen Berens Kip Brian Shuman Tamara J. Driscoll TERMINATED: 02/01/2008 Trig Randall Smith

3 V. Consol Plaintiff Arlington Chisman, Jr. represented by Kip Brian Shuman Matthew M. Wolf Allen & Vellone, P.C Stout Street #1100 Denver, CO Fax: TERMINATED: 10/28/2005 Consol Plaintiff Stanley Sved represented by Charles Walter Lilley Charles Lilley & Associates, P.C th Street #670 Denver, CO Fax: Karen Jean Cody-Hopkins Charles Lilley & Associates, P.C th Street #670 Denver, CO Fax: Consol Plaintiff Michael Mazzilli represented by Charles Walter Lilley

4 Karen Jean Cody-Hopkins Consol Plaintiff Kimberly Mazzilli represented by Charles Walter Lilley Karen Jean Cody-Hopkins V. Defendant Carrier Access Corporation represented by Karen Thomas Stefano Wilson Sonsini Goodrich & Rosati, LLP - Palo Alto 650 Page Mill Road Palo Alto, CA Fax: kstefano@wsgr.com Bruce A. Featherstone Featherstone Petrie DeSisto, LLP th Street #2400 South Denver, CO Fax: bfeatherstone@featherstonelaw.com Matthew D. Collins Burleson LLP 1700 Lincoln Street Suite 3950

5 Denver, CO Fax: Defendant Roger L. Koenig represented by Karen Thomas Stefano Bruce A. Featherstone Matthew D. Collins Defendant Nancy G. Pierce represented by Karen Thomas Stefano Bruce A. Featherstone Matthew D. Collins Defendant Timothy R. Anderson represented by Paul Howard Schwartz Shoemaker Ghiselli & Schwartz, LLC 1811 Pearl Street Boulder, CO Fax: Jeffrey Allen Smith Smith Byers LLC 1877 Broadway Suite 605

6 Boulder, CO Fax: Sarah JoAnn Guske Cooley LLP-Broomfield 380 Interlocken Crescent #900 Broomfield, CO Fax: Interested Party William McDonald represented by Matthew M. Wolf TERMINATED: 10/28/2005 Interested Party Thomas F. Simma represented by Matthew M. Wolf TERMINATED: 10/28/2005 Interested Party Joseph Martano represented by Karen Jean Cody-Hopkins Date Filed # Docket Text 06/02/ COMPLAINT for Violations of Federal Securities Laws against all defendants ( Filing fee $ 250, Receipt Number ) Summons Issued, filed by Jerry Croker.(bpm, ) (Entered: 06/03/2005) 06/27/ Unopposed MOTION For Extension of Time to Respond To Complaint by Defendant Timothy R. Anderson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Unopposed Motion For Extension of Time to Respond to

7 I Complaint)(Schwartz, Paul) (Entered: 06/27/2005) 06/28/ Minute ORDER granting 2 Dft Anderson's Motion for Extension of Time to respond to complaint to and incl 7/11/05 by Chief Judge Lewis T. Babcock on 6/28/05. (erv, ) (Entered: 06/28/2005) 06/29/ NOTICE of Entry of Appearance of Bruce A. Featherstone, Boris Feldman, Douglas J. Clark, and Karen T. Stefano by Bruce A. Featherstone on behalf of Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Featherstone, Bruce) (Entered: 06/29/2005) 06/30/ Stipulated MOTION to Consolidate Cases and Extension of Time to Answer by Plaintiff Jerry Croker. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 06/30/2005) 07/01/ ORDER granting Stipulated 5 Motion to Consolidate Cases and Extension of Time to Answer. Cases 05-cv-1011 and 05-cv-1078 are consolidated for all purposes, including pretrial proceedings, trial and appeal. W/in 60 days of court appointing lead plaintiff and lead plaintiff's counsel, lead plaintiff to file a consolidated complaint. Prior to filing of consolidated complaint, dfts not required to respond to either the Croker or Chisman complaint. Once consolidated complaint filed, dfts have 45 days to answer or otherwise respond. Signed by Judge Lewis T. Babcock on 7/1/05. (gmssl, ) (Entered: 07/01/2005) 07/28/ STIPULATION Motion for Consolidation and Extension of Time to Answer by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 07/28/2005) 08/01/ MOTION for Appointment of NECA-IBEW Pension Fund (The Decatur Plan) and Lee Bronson as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Co-Lead Counsel by NECA-IBEW Pension Fund and Lee Bronson. (Attachments: # 1 Exhibit Ex A Sales and Losses Chart# 2 Exhibit Ex B Plaintiff Certifications# 3 Exhibit Ex C Notice of Class Action# 4 Exhibit Ex D Lerach Coughlin Resume# 5 Exhibit Ex E Dyer Shuman Resume# 6 Proposed Order (PDF Only))(Berens, Jeffrey) (Modified on 8/2/2005 to correct the filers)(gms, ). (Entered: 08/01/2005) 08/01/ First MOTION for Appointment of Joseph Martano and Michael and Kimberly Mazzilli as Lead Plaintiffs and for Lead Counsel by Joseph Martano, Michael Mazzilli and Kimberly Mazzilli. (Attachments: # 1 Affidavit Isquith Dec.# 2 Exhibit Isquith Dec. Ex A&B (Martano/Mazzilli certs & class notice)# 3 Exhibit Isquith Dec. Ex C (Chart)# 4 Exhibit Isquith Dec. Ex D (WHAFH resume)# 5 Exhibit Isquith Dec. Ex E (L&G resume))(cody-hopkins, Karen) (Modified on 8/2/2005 to correct the filers) (gms, ). (Entered: 08/01/2005) 08/01/ MOTION for Appointment of Lead Plaintiff and Lead Counsel by William McDonald and Thomas F. Simma. (Attachments: # 1 Proposed Order (PDF Only))(Wolf, Matthew) (Modified on 8/2/2005 to correct the filers)(gms, ). This Motion is WITHDRAWN pursuant to the minute Order of 10/28/05. Modified on 10/28/2005 to add WITHDRAWN. (emksl, ). (Entered: 08/01/2005) 08/01/ BRIEF in Support re 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel filed by William McDonald and Thomas F. Simma. (Attachments: # 1 Affidavit of Matthew M. Wolf# 2 Exhibit A -C of Declaration# 3 Exhibit D to Declaration# 4 Exhibit E to Declaration)(Wolf, Matthew) (Modified on 8/2/2005 to correct the

8 filers)(gms, ). (Entered: 08/01/2005) 08/02/ /02/ Docket Annotation re: 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel, 11 Brief in Support of Motion,, 8 MOTION for Appointment of NECA-IBEW Pension Fund (The Decatur Plan) and Lee Bronson as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Co-Lead Counsel, 9 First MOTION for Appointment of Joseph Martano and Michael and Kimberly Mazzilli as Lead Plaintiffs and for Lead Counsel. Each of these docket entries were altered this date to correct the filers on each one. Text only entry - no document attached. (gms, ) (Entered: 08/02/2005) 13 ORDER Cases 05-cv-1011-LTB-OES and 05-cv-1280-EWN-MJW are consolidated for all purposes including pretrial proceedings, trial and appeal. All docket entries are to be made ONLY in the lead case of 05-cv-1011-LTB-OES. Court's July 1, 2005 Order consolidating the Chisman and Croker Complaints into the first filedcroker Complaint shall apply in all respects to the Sved Complaint. Prior to the filing of a consolidated complaint, Defendants are not required torespond to the Sved Complaint. This Court has previously ordered that Defendants are not required to respond to either the Croker or the Chisman Complaint. Signed by Judge Lewis T. Babcock on 8/2/05. (gms, ) (Entered: 08/02/2005) 08/09/ NOTICE re 9 First MOTION for Appointment of Joseph Martano and Michael and Kimberly Mazzilli as Lead Plaintiffs and for Lead Counsel NOTICER OF WITHDRAWAL OF MOTION by Interested Party Joseph Martano, Consol Plaintiffs Michael Mazzilli, Kimberly Mazzilli (Cody-Hopkins, Karen) (Entered: 08/09/2005) 08/12/ MINUTE ORDER Granting the 14 Notice of Withdrawal Without Prejudice of the Motion of Michael and Kimberly Mazzilli and Joseph Martano for Appointment as Lead Plaintiffs and Approval of Lead Plaintiffs' Selection of Lead Counsel, by Judge Lewis T. Babcock on 8/12/05. (emksl, ) (Entered: 08/12/2005) 08/12/ Pursuant to the ORDER of 8/12/05, docket 9, the Motion for Appointment as Lead Plaintiff's by Martano and Mazzilli was terminated, by Judge Lewis T. Babcock. (emksl, ) (Entered: 08/15/2005) 08/15/ WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Carrier Access Corporation waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 08/15/2005) 08/15/ WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Nancy G. Pierce waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 08/15/2005) 08/15/ WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Roger L. Koenig waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 08/15/2005) 08/22/ NOTICE re 8 MOTION for Appointment of NECA-IBEW Pension Fund (The Decatur Plan) and Lee Bronson as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Co-Lead Counsel by Plaintiff Jerry Croker (Berens, Jeffrey) (Entered: 08/22/2005) 08/24/ NOTICE re 10 MOTION for Appointment of Lead Plaintiff and Lead Counsel, 11 Brief in Support of Motion, by Interested Parties William McDonald, Thomas F. Simma (Wolf, Matthew) (Entered: 08/24/2005)

9 08/24/ Unopposed MOTION to Withdraw as Attorney for Plaintiffs by Consol Plaintiff Arlington Chisman, Jr, Interested Parties William McDonald, Thomas F. Simma. (Attachments: # 1 Notice of Unopposed Motion to Withdraw as Counsel for Plaintiffs# 2 Proposed Order (PDF Only))(Wolf, Matthew) (Entered: 08/24/2005) 09/16/ /19/ /28/ WAIVER OF SERVICE Returned Executed by Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. Timothy R. Anderson waiver sent on 8/2/2005, answer due 10/3/2005. (Cody-Hopkins, Karen) (Entered: 09/16/2005) NOTICE of Change of Address by Henry Rosen. (emksl, ) (Entered: 09/19/2005) Minute ORDER granting 22 Motion to Withdraw as Attorney. Attorney Matthew M. Wolf terminated. Notice of Withdrawal of Motion of the McDonald Group to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel 21 is GRANTED. The Motion for Appointment 10 is WITHDRAWN, by Judge Lewis T. Babcock on 10/28/05. (emksl, ) (Entered: 10/28/2005) 10/28/ ORDER TO SHOW CAUSE: The parties Show Cause Response due by 11/8/2005. Signed by Judge Lewis T. Babcock on 10/28/05. (emksl, ) (Entered: 10/28/2005) 11/08/ RESPONSE TO ORDER TO SHOW CAUSE re 26 by Interested Parties NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Exhibit A# 2 Deposition Excerpts B)(Berens, Jeffrey) (Entered: 11/08/2005) 11/08/ RESPONSE TO ORDER TO SHOW CAUSE ISSUED BY THE HONORABLE LEWIS T. BABCOCK re 26 by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Clark, Douglas) (Entered: 11/08/2005) 11/08/ RESPONSE TO ORDER TO SHOW CAUSE re 26 by Interested Party Joseph Martano, Consol Plaintiffs Stanley Sved, Michael Mazzilli, Kimberly Mazzilli. (Cody- Hopkins, Karen) (Entered: 11/08/2005) 11/17/ ORDER granting 8 NECA Group's Motion to be Appointed Lead plaintiff and for approval of its selection of counsel. Signed by Judge Lewis T. Babcock on 11/17/05. (emksl, ) (Modified on 2/13/2006 to correct linkage)(lam, ). (Entered: 11/18/2005) 01/17/ AMENDED COMPLAINT Consolidated Class Action for Violations of Federal Securities Laws against Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce, Timothy R. Anderson, filed by NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Continuation of Main Document Part 2# 2 Continuation of Main Document Part 3# 3 Exhibit A# 4 Exhibit B)(Shuman, Kip) (Entered: 01/17/2006) 01/19/ NOTICE re 31 Amended Complaint, Conventionally Submitted Materials Exhibits A and B by Interested Parties NECA-IBEW Pension Fund, Lee Bronson (Shuman, Kip) (Entered: 01/19/2006) 01/19/ NOTICE of Entry of Appearance of Trig R. Smith and Tamara J. Driscoll by Trig Randall Smith on behalf of NECA-IBEW Pension Fund, Lee Bronson (Smith, Trig) (Entered: 01/19/2006) 01/19/ Conventionally Submitted Material : Exhibits A and B to the Consolidated Class Action Complaint pursuant to the Notice 32 by Plaintiff Jerry Croker. Text Only Entry - No Document Attached (emksl, ) (Entered: 01/20/2006)

10 01/23/ NOTICE of Entry of Appearance of Tamara J. Driscoll by Tamara J. Driscoll on behalf of NECA-IBEW Pension Fund, Lee Bronson (Driscoll, Tamara) (Entered: 01/23/2006) 02/13/ Docket Annotation re: 30 Order granting NECA Group's motion to be appointed lead plaintiff and for approval of its selection of counsel. This entry was modified to correct linkage from Doc. # 10 to Doc. # 8. Text only entry - no document attached. (lam, ) (Entered: 02/13/2006) 02/28/ NOTICE of Entry of Appearance by Jeffrey Allen Smith on behalf of Timothy R. Anderson (Smith, Jeffrey) (Entered: 02/28/2006) 03/01/ STIPULATION for Extension of Time to Respond to Consolidated Class Action Complaint by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 03/01/2006) 03/02/ MINUTE ORDER granting 38 Stipulation (MOTION) for Extension of Time to Respond to Consolidated Class Action Complaint filed by Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. Defendants have to 03/17/06 to file Motion to Dismiss, Plaintiffs have to 05/16/06 to file response, Defendants have to 06/30/06 to file reply, by Judge Lewis T. Babcock on 03/02/06. (rlp, ) (Entered: 03/02/2006) 03/17/ MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Stefano, Karen) (Entered: 03/17/2006) 03/17/ NOTICE re 40 MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws REQUEST FOR JUDICIAL NOTICE by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Stefano, Karen) (Entered: 03/17/2006) 03/17/ DECLARATION of Karen T. Stefano regarding MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws 40, Notice (Other) 41 by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Stefano, Karen) (Entered: 03/17/2006) 03/17/ SUPPLEMENT/AMENDMENT to 42 Declaration, of Karen T. Stefano in Support of Defendants' Motion to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws (Exhibits I-S) by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Exhibit J# 2 Exhibit K# 3 Exhibit L# 4 Exhibit M# 5 Exhibit N# 6 Exhibit O# 7 Exhibit P# 8 Exhibit Q# 9 Exhibit R# 10 Exhibit S)(Stefano, Karen) (Entered: 03/17/2006) 03/17/ MOTION to Dismiss by Defendant Timothy R. Anderson. (Attachments: # 1 Exhibit A, Part 1# 2 Exhibit A, Part 2)(Schwartz, Paul) (Entered: 03/17/2006) 05/16/ BRIEF in Opposition re 40 MOTION to Dismiss Consolidated Class Action Complaint for Violations of the Federal Securities Laws, 44 MOTION to Dismiss filed by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Berens, Jeffrey) (Entered: 05/16/2006) 05/22/ NOTICE of Change of Address Firm Name and Addresses by Karen Jean Cody- Hopkins (Cody-Hopkins, Karen) (Entered: 05/22/2006)

11 06/30/ BRIEF in Support re 40 MOTION to Dismiss Consolidated Class Action Complaint for I Violations of the Federal Securities Laws filed by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Stefano, Karen) (Entered: 06/30/2006) 06/30/ REPLY to Response to Motion re 44 MOTION to Dismiss filed by Defendant Timothy R. Anderson. (Attachments: # 1 Exhibit Exhibit A Part 1 of 3# 2 Exhibit Exhibit A Part 2 of 3# 3 Exhibit Exhibit A Part 3 of 3 (1 of 2)# 4 Exhibit Exhibit A Part 3 of 3 (2 of 2))(Schwartz, Paul) (Entered: 06/30/2006) 07/18/ ORDER denying 40 Motion to Dismiss of Carrier, Koenig and Ms Pierce, granting in part and denying in part 44 Mr Anderson's Motion to Dismiss; First Claim against Mr Anderson for Violation of Section 10(b) is DISMISSED only to the extent that it is predicated upon the financial misstatements; and the second and third claims against Mr Anderson are Dismissed. Signed by Chief Judge Lewis T. Babcock on 7/18/06. (erv, ) (Entered: 07/18/2006) 07/27/ STIPULATION for Extension of Time to Respond to Consolidated Class Action Complaint by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 07/27/2006) 07/28/ ORDER Granting 50 Stipulation for Extension of Time to file their answer, to and incl 9/15/06. Signed by Chief Judge Lewis T. Babcock on 7/28/06. (erv, ) (Entered: 07/28/2006) 09/15/ STIPULATION for Extension of Time to Respond to Consolidated Class Action Complaint by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 09/15/2006) 09/15/ Docket Annotation re: 52 Stipulation for Extension of Time. Document to be re-filed as a Motion for Extension of Time to file Answer, by filer. Text only entry - no document attached. (rlp2, ) (Entered: 09/18/2006) 09/18/ MOTION for Extension of Time to File Answer by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce. (Attachments: # 1 Proposed Order (PDF Only))(Stefano, Karen) (Entered: 09/18/2006) 09/18/ MINUTE ORDER granting 54 and 52 Stipulated Motion for Extension of Time to Answer. Carrier Access Corporation answer due 9/29/2006; Roger L. Koenig answer due 9/29/2006; Nancy G. Pierce answer due 9/29/2006; Timothy R. Anderson answer due 9/29/2006. Signed by Judge Lewis T. Babcock on 09/18/06.(rlp2, ) (Entered: 09/18/2006) 09/28/ ANSWER to Amended Complaint Consolidated Class Action Complaint by Timothy R. Anderson.(Schwartz, Paul) (Entered: 09/28/2006) 09/29/ ANSWER to Amended Complaint Consolidated Class Action Complaint for Violations of the Federal Securities Laws by Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce.(Stefano, Karen) (Entered: 09/29/2006) 10/03/ NOTICE of Change of Firm Name by Counsel for Defendant Timothy R. Anderson by Defendant Timothy R. Anderson (Schwartz, Paul) (Entered: 10/03/2006)

12 10/03/ NOTICE of Firm Name Change by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson (Berens, Jeffrey) (Entered: 10/03/2006) 11/07/ NOTICE Of Change Of Firm Name by Defendants Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Featherstone, Bruce) (Entered: 11/07/2006) 04/10/ ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Chief Judge Babcock. (pap, ) (Entered: 04/10/2007) 04/10/ MINUTE ORDER Scheduling Conference set for 5/8/ :00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty.Entered by Judge Michael E. Hegarty on 4/10/07. (pap, ) (Entered: 04/10/2007) 05/01/ MINUTE ORDER : Scheduling Conference RESET for 6/20/ :45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty by Judge Michael E. Hegarty on 5/1/07. (dln, ) (Entered: 05/01/2007) 06/12/ MINUTE ORDER Scheduling Conference set for 7/18/ :45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Parties to prepare and submit a Proposed Scheduling Order by 7/11/07, by Judge Michael E. Hegarty on 6/12/07. (mrs, ) (Entered: 06/12/2007) 07/11/ /17/ /18/ Proposed Scheduling Order by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Smith, Trig) (Entered: 07/11/2007) 66 NOTICE of Entry of Appearance by Matthew D. Collins on behalf of Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Collins, Matthew) (Entered: 07/17/2007) 67 Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 7/18/2007. Settlement Conference set for 8/14/ :30 PM in Courtroom C203 on the second floor of the Byron G. Rogers U.S. District Courthouse located at 1929 Stout Street, Denver, Colorado, before Magistrate Judge Michael E. Hegarty. Scheduling Order was not entered.(court Reporter FTR - C. Coomes) (mehcd) (Entered: 07/18/2007) 08/10/ NOTICE of Entry of Appearance by Sarah JoAnn Guske on behalf of Timothy R. Anderson (Guske, Sarah) (Entered: 08/10/2007) 08/14/ Minute Entry for proceedings held before Judge Michael E. Hegarty : Settlement Conference held on 8/14/2007. Settlement reached, written record made. (mrs, ) (Entered: 08/15/2007) 08/20/ NOTICE OF CHANGE OF ADDRESS/LAW FIRM AFFILIATION by Plaintiffs NECA- IBEW Pension Fund, Lee Bronson (Berens, Jeffrey) Modified on 8/21/2007 to remove filer (mrs, ). (Entered: 08/20/2007) 08/21/ Docket Annotation re: 70 Notice (Other). This docket entry modified to remove filer. Text only entry - no document attached. (mrs, ) (Entered: 08/21/2007) 08/23/ NOTICE OF CHANGE OF LAW FIRM AFFILIATION by Plaintiffs Jerry Croker, NECA-IBEW Pension Fund, Lee Bronson (Shuman, Kip) (Entered: 08/23/2007) - 09/10/ NOTICE OF FIRM NAME CHANGE by Plaintiffs NECA-IBEW Pension Fund, Lee I Bronson (Rosen, Henry) (Entered: 09/10/2007)

13 10/30/ Unopposed MOTION for Order to Preliminarily Approve Class Action Settlement by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Proposed Order (PDF Only))(Shuman, Kip) (Entered: 10/30/2007) 10/30/ STIPULATION of Settlement by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Shuman, Kip) (Entered: 10/30/2007) 10/31/ ORDER Preliminarily Approving Settlement and Providing for Notice. Signed by Judge Lewis T. Babcock on 10/31/07. (Attachments: # 1 Notice of Pendency and Proposed Settlement of Class Action, # 2 Proof of Claim and Release, # 3 Summary Notice)(mrs) (Entered: 11/01/2007) 01/18/ /18/ MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs Pursuant to 15 U.S.C. 78u-4(A)(4) by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Proposed Order (PDF Only) Final Judgment Order, # 2 Proposed Order (PDF Only) Allocation Order, # 3 Proposed Order (PDF Only) Fees and Expenses Order)(Shuman, Kip) (Entered: 01/18/2008) APPENDIX re 77 MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Shuman, Kip) (Entered: 01/18/2008) 01/18/ DECLARATION of Kip B. Shuman regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs MOTION for Order to Approveby Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication and add linkage (jjh, ). (Entered: 01/18/2008) 01/18/ DECLARATION of Lead Plaintiff NECA-IBEW Pension Fund regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication and add linkage (jjh, ). (Entered: 01/18/2008) 01/18/ DECLARATION of Lee Bronson regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension

14 01/18/ Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication and add linkage (jjh, ). (Entered: 01/18/2008) DECLARATION of Keith F. Park filed on Behalf of Coughlin Stoia Geller Rudman & Robbins LLP regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to add linkage and delete duplication (jjh, ). (Entered: 01/18/2008) 01/18/ DECLARATION of Kip B. Shuman regarding MOTION for Order 77 to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to add linkage and delete duplication (jjh, ). (Entered: 01/18/2008) 01/18/ DECLARATION of Carole K. Sylvester Re A) Mailing of the Notice of Pendency and Proposed Settlement of Class Action, the Proof of Claim and Release Form, and B) Publication of the Summary Notice by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) (Entered: 01/18/2008) 01/18/ CERTIFICATE of Mailing/Service re 80 Declaration, 82 Declaration, 77 MOTION for Order to Approve: (1) Final Class Action Settlement; (2) Plan of Allocation of Settlement Proceeds; (3) An Award of Attorneys Fees and Reimbursement of Expenses to Lead Plaintiffs Counsel; (4) and Application for Award to Lead Plaintiffs 83 Declaration, 81 Declaration, 84 Declaration, 79 Declaration, 78 Appendix, by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Shuman, Kip) Modified on 1/22/2008 to delete duplication (jjh, ). (Entered: 01/18/2008) 01/22/ Docket Annotation re: 80 Declaration, 79 Declaration, 82 Declaration, 83 Declaration, 81 Declaration, 85 Certificate of Mailing/Service,, 78 Appendix. Modified to delete duplication and add linkage. Text only entry - no document attached (jjh, ) (Entered: 01/22/2008) 01/24/ NOTICE of Entry of Appearance of Christopher Howald by Bruce A. Featherstone on behalf of Carrier Access Corporation, Roger L. Koenig, Nancy G. Pierce (Featherstone, Bruce) (Entered: 01/24/2008) 01/25/ Minute Entry for proceedings held before Judge Lewis T. Babcock: Hearing on Rule 23 Fairness held on 1/25/2008. Courts findings and conclusions. Court signs orders and judgment tendered by counsel. (Court Reporter Gwen Daniel.) (sah, ) (Entered: 01/25/2008) 01/25/ Final JUDGMENT and Order of Dismissal with Prejudice, incorporates by reference the definitions in the Stipulation, The Court hereby certifies a Class, for settlement purposes only, defined as: All Persons who purchased Carrier Access common stock between October 21, 2003 and May 20, 2005,inclusive the Litigation and all claims contained therein,including all of the Released Claims, are dismissed with prejudice as to the Lead Plaintiffs and the other Members of the Class, and as against each and all of the Released Persons. The parties are to bear their own costs, except as otherwise provided in the Stipulation. Signed by Judge Lewis T. Babcock on 1/25/2008. (sah, )

15 01/25/ /25/ I (Entered: 01/25/2008) ORDER Approving Plan of Allocation of Settlement Proceeds, re: 77 Lead Plaintiffs motion for approval of the Plan of Allocation of the settlement proceeds in the abovecaptioned action. Signed by Judge Lewis T. Babcock on 1/25/2008.(sah, ) (Entered: 01/25/2008) ORDER Awarding Lead Plaintiff's Counsel's Attorney's Fees and Expenses and Reimbursement of Lead Plaintiff's Expenses. The Court hereby awards Lead Counsel attorneys fees of 30% of the Settlement Fund plus litigation expenses in the amount of $132,331.29, together with the interest. The awarded attorneys fees and expenses shall immediately be paid to Lead Counsel. Pursuant to 15 U.S.C. 78u-4(a)(4), Lead Plaintiff Lee Bronson shall be reimbursed $2, in expenses. Signed by Judge Lewis T. Babcock on 1/25/2008. (sah, ) (Entered: 01/25/2008) 01/28/ Docket Annotation re: 80, 91, 82, 77, 87, 83, 86, 81, 84, 89, 90, 88, 79, 85, 78 These NEF's were returned as undeliverable to Tamara Driscoll. The firm advises she is no longer employed by them. They will file a motion to withdraw. Text only entry - no document attached (gmssl, ) (Entered: 01/28/2008) 01/31/ Unopposed MOTION to Withdraw as Attorney Tamara J. Driscoll as Counsel of Record for Lead Plaintiff by Plaintiffs NECA-IBEW Pension Fund, Lee Bronson. (Attachments: # 1 Proposed Order (PDF Only))(Smith, Trig) (Entered: 01/31/2008) 02/01/ ORDER granting 93 Plaintiff's Motion to Withdraw Attorney Tamara J. Driscoll as counsel to lead Plaintiffs. Signed by Judge Lewis T. Babcock on 02/01/2008.(sah, ) (Entered: 02/04/2008) 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