U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:00-cv-01613

Transcription

1 US District Court Civil Docket as of 03/17/2005 Retrieved from the court on Wednesday, August 03, 2005 U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:00-cv Alfaro, et al v. Caprock Comm, et al Assigned to: Judge David C Godbey Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Hector Alfaro On behalf of himself and all others similarly situated Date Filed: 07/26/2000 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Marc R Stanley Stanley Mandel & Iola 3100 Monticello Ave Suite 750 Dallas, TX / Fax: 214/ FAX mstanley@smi-law.com Darren J Robbins Lerach Coughlin Stoia Geller Rudman & Robbins - San Diego 401 B St Suite 1700 San Diego, CA / Denise M Douglas Milberg Weiss Bershad Hynes & Lerach 401 B St Suite 1700 San Diego, CA / Diane P Doherty Milberg Weiss Bershad Hynes & Lerach 401 B St Suite 1700 San Diego, CA / Fax: 619/ FAX

2 Edward P Dietrich Milberg Weiss Bershad Hynes & Lerach 401 B St Suite 1700 San Diego, CA / Plaintiff St Denis J Villere & Co represented by Fred Misko, Jr Law Office of Fred Misko Jr 3811 Turtle Creek Boulevard Suite 1000 Dallas, TX / misko@misko.com Catherine A Torell Goodkind Labaton Rudoff & Sucharow 100 Park Avenue New York, NY / John D Volney Lynn Tillotson & Pinker 750 N St Paul St Suite 1400 Dallas, TX / Fax: 214/ FAX jvolney@lynnllp.com TERMINATED: 04/10/2003 Thomas A Dubbs Goodkind Labaton Rudoff & Sucharow 100 Park Avenue New York, NY / Fax: 212/ FAX Plaintiff Herbert Becker represented by Marc R Stanley Fred Misko, Jr

3 Plaintiff Thomas Villa represented by Marc R Stanley V. Consol Plaintiff Angela Amos On behalf of herself and all others similarly situated represented by Thomas E Bilek Hoeffner & Bilek 1000 Louisiana St Suite 1302 Houston, TX / Fax: 713/ FAX tbilek@hb-legal.com Consol Plaintiff Teresa A Cicala represented by Marc R Stanley Consol Plaintiff Larry J Bland represented by Marc R Stanley Consol Plaintiff Joseph Chen represented by Mark Stromberg Stromberg & Associates Two Lincoln Centre 5420 LBJ Freeway Suite 300 Dallas, TX / Fax: 972/ FAX mark@stromberglawfirm.com

4 Consol Plaintiff Todd Katz represented by Theodore Carl Anderson, III Kilgore & Kilgore 3109 Carlisle Suite 200 Dallas, TX / Fax: 214/ FAX Linda P Nussbaum Pomerantz Haudek Block Grossman & Gross 100 Park Avenue 26th Floor New York, NY / Marc S Gross Bryan Cave McPheeters & McRoberts 350 Park Avenue New York, NY / Mark J Heise Hanzman Criden Chaykin Ponce & Heise First Union Financial Ctr 200 S Biscayne Blvd Suite 2100 Miami, FL / Michael Criden Hanzman Criden Chaykin Ponce & Heise First Union Financial Ctr 200 S Biscayne Blvd Suite 2100 Miami, FL / Patrick V Dahlstrom Pomerantz Haudek Block Grossman & Gross One N LaSalle St

5 Suite 2225 Chicago, IL / Stanley M Grossman Pomerantz Haudek Block Grossman & Gross 100 Park Avenue 26th Floor New York, NY / Fax: 212/ FAX V. Defendant Caprock Communications Corp Skadden Arps Slate Meagher & Flom - Houston 1600 Smith Suite 4400 Houston, TX / Fax: 888/ FAX schwartz@skadden.com Defendant Leo J Cyr Defendant Jere W Thompson, Jr Defendant Kevin W McAleer

6 V. Consol Defendant Matthew M Kingsley Consol Defendant Ignatius W Leonards Consol Defendant Timothy W Rogers Consol Defendant Mark Langdale Consol Defendant Christopher J Amenson Consol Defendant John R Harris Consol Defendant Salomon Smith Barney Inc Consol Defendant

7 Bear Stearns & Company Inc Date Filed # Docket Text 07/26/ CLASS ACTION COMPLAINT filed; Filing Fee $ Receipt # (15+) (vdf) (Entered: 07/27/2000) 07/26/ DEMAND for jury trial by plaintiff Hector Alfaro (vdf) (Entered: 07/27/2000) 07/26/ SUMMONS(ES) issued for defendant Caprock Comm Corp, defendant Leo J Cyr, defendant Jere W Thompson Jr, Kevin W McAleer (Issued-4) (vdf) (Entered: 07/27/2000) 07/26/2000 PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (vdf) (Entered: 07/27/2000) 08/28/ ORDER consolidating cases...the above referenced case is CONSOLIDATED with civil action number 3:00-CV-1730-R and that case is DISMISSED. (See order for specifics) ( signed by Judge Buchmeyer) Copies to counsel: 08/29/00 Page(s) 1 (vdf) (Entered: 08/29/2000) 08/28/2000 Consolidated Lead Case (vdf) (Entered: 08/29/2000) 09/06/ ORDER consolidating cases..the above reference matter is consolidated with civil action 3:00-CV-1727-R, and that case is DISMISSED. All future pleadings shall be filed under civil action 3:00-CV-1613-R. ( signed by Judge Buchmeyer) Copies to counsel: 09/06/00 Page(s) 1 (vdf) (Entered: 09/06/2000) 09/06/ ORDER consolidating cases...the above referenced matter is consolidated with civil action number 3:00-CV-1920-R, and that case is DISMISSED. All future pleadings shall be filed under civil action number 3:00-CV-1613-R. ( signed by Judge Buchmeyer) Copies to counsel: 09/06/00 Page(s) 1 (vdf) (Entered: 09/06/2000) 09/25/ MOTION by movant St Denis J Villere for appointment as lead plaintiff and for approval of its selection of lead counsel (5) (vdf) (Entered: 09/26/2000) 09/25/ MEMORANDUM OF LAW by movant St Denis J Villere in support of [6-1] motion for appointment as lead plaintiff and for approval its selection of lead counsel (15+) (vdf) (Entered: 09/26/2000) 09/25/ MOTION by movant Herbert Becker, movant Thomas Villa to appoint plaintiffs Herbert Becker and Thomas Villa as lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiffs choice of counsel (2) (vdf) (Entered: 09/26/2000) 09/25/ MEMORANDUM by movant Herbert Becker, movant Thomas Villa in support of [8-1] motion to appoint plaintiffs Herbert and Thomas Villa as lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiffs choice of counsel (12) (vdf) (Entered: 09/26/2000)

8 09/25/ APPENDIX by movant Herbert Becker, movant Thomas Villa in support of [8-1] motion to appoint plaintiffs Herbert and Thomas Villa as lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiffs choice of counsel (15+) (vdf) (Entered: 09/26/2000) 09/25/ NOTICE OF MOTION AND MOTION with memorandum in support by movant Herbert Becker, movant Thomas Villa to consolidate related actions against Caprock Communications Corporation for violations of the of the Securities Exchange Act of 1934 (9) (vdf) (Entered: 09/26/2000) 09/25/ APPENDIX by movant Herbert Becker, movant Thomas Villa in support of [11-1] motion to consolidate related actions against Caprock Communications Corporation for violations of the of the Securities Exchange Act of 1934 (15+) (vdf) (Entered: 09/26/2000) 10/16/ WAIVER OF SERVICE Returned Executed as to Caprock Comm Corp, Leo J Cyr, Jere W Thompson Jr, Kevin W McAleer 9/13/00 Answer due on 11/13/00 for Kevin W McAleer, for Jere W Thompson Jr, for Leo J Cyr, for Caprock Comm Corp (2) (vdf) (Entered: 10/17/2000) 10/16/ MEMORANDUM OF POINTS AND AUTHORITIES by movant Herbert Becker, movant Thomas Villa in opposition to [6-1] motion for appointment as lead and for approval of its selection of lead counsel (15+) (vdf) (Entered: 10/17/2000) 10/16/ APPENDIX by movant Herbert Becker, movant Thomas Villa in support of [14-1] opposition memorandum (15+/USC) (vdf) (Entered: 10/17/2000) 10/16/ MOTION by movant Herbert Becker, movant Thomas Villa to strike the unsworn certification of George V Young filed in support of Saint Denis J Villere & Co's Motion for Appt as lead plaintiff, etc (5) (vdf) (Entered: 10/17/2000) 10/16/ DECLARATION by movant Herbert Becker (3) (vdf) (Entered: 10/17/2000) 10/17/ APPLICATION/MOTION by plaintiff Hector Alfaro for Denise M Douglas to appear pro hac vice (3) (vdf) (Entered: 10/18/2000) 10/17/ ORDER granting [18-1] motion for Denise M Douglas to appear pro hac vice ( signed by Judge Buchmeyer) Copies to counsel: 10/18/00 Page(s) 3 (vdf) (Entered: 10/18/2000) 10/17/ APPLICATION/MOTION by plaintiff Hector Alfaro for Edward Dietrich to appear pro hac vice (3) (vdf) (Entered: 10/18/2000) 10/17/ ORDER granting [19-1] motion for Edward Dietrich to appear pro hac vice ( signed by Judge Buchmeyer) Copies to counsel: 10/18/00 Page(s) 3 (vdf) (Entered: 10/18/2000) 10/17/ APPLICATION/MOTION by plaintiff Hector Alfaro for Diane P Doherty to appear pro hac vice (3) (vdf) (Entered: 10/18/2000) 10/17/ ORDER granting [20-1] motion for Diane P Doherty to appear pro hac vice ( signed by Judge Buchmeyer) Copies to counsel: 10/18/00 Page(s) 3 (vdf) (Entered: 10/18/2000) 10/20/ MOTION with memorandum in support by movant St Denis J Villere for

9 permission to file late brief (5) (vdf) (Entered: 10/23/2000) 10/20/ APPENDIX by movant St Denis J Villere in support of [21-1] motion for permission to file late brief (15+/USC) (vdf) Modified on 10/23/2000 (Entered: 10/23/2000) 10/26/ UNOPPOSED MOTION by movant Herbert Becker, movant Thomas Villa to extend Local Rule 23.2 Motion for class certification requirement (3) (vdf) (Entered: 10/26/2000) 10/30/ ORDER granting [23-1] motion to extend Local Rule 23.2 Motion for class certification requirement until after the Court has ruled on the Motion to Consolidate and the competing Lead Plaintiff motions currently pending until 60 days after the Court makes a final ruling upon defendants' motion to dismiss (See order for specifics) ( signed by Judge Buchmeyer) Copies to counsel: 10/30/00 Page(s) 3 (vdf) (Entered: 10/30/2000) 10/31/ REPLY MEMORANDUM OF LAW by movant St Denis J Villere to [14-1] opposition memorandum (15+) (vdf) (Entered: 11/01/2000) 10/31/ APPENDIX by movant St Denis J Villere in support of [25-1] opposition memorandum (15+) (vdf) (Entered: 11/01/2000) 11/03/ ORDER granting [21-1] motion for permission to file late brief (See order for specifics) ( signed by Judge Buchmeyer) Copies to counsel: 11/06/00 Page(s) 2 (vdf) (Entered: 11/06/2000) 11/03/ MEMORANDUM OPINION AND ORDER...The Court will hear oral arguments on Motions for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Choice of Counsel on Monday, November 20, 2000 at 9:00 am ( signed by Judge Buchmeyer) Copies to counsel: 11/06/00 Page(s): 1 (vdf) (Entered: 11/06/2000) 11/06/ MEMORANDUM OF LAW by movant St Denis J Villere in opposition to [8-1] motion to appoint plaintiffs Herbert Becker and Villa as lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiffs choice of counsel (15+) (vdf) (Entered: 11/07/2000) 11/06/ APPENDIX by movant St Denis J Villere in support of [29-1] opposition memorandum (15+) (vdf) (Entered: 11/07/2000) 11/06/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR MOTION by movant Herbert Becker, movant Thomas Villa to response to [8-1] motion to appoint plaintiffs Herbert Becker and Thomas Villa as lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiffs choice of counsel (14) (vdf) (Entered: 11/07/2000) 11/06/ APPENDIX by movant Herbert Becker, movant Thomas Villa in support of [31-1] response reply (15+) (vdf) (Entered: 11/07/2000) 11/17/ APPLICATION/MOTION by movant St Denis J Villere for Thomas A Dubbs to appear pro hac vice (3) (vdf) (Entered: 11/20/2000) 11/17/ APPLICATION AND ORDER granting [33-1] motion for Thomas A Dubbs to appear pro hac vice ( signed by Judge Buchmeyer) Copies to counsel: 11/20/00

10 Page(s) 3 (vdf) Modified on 11/20/2000 (Entered: 11/20/2000) 11/17/ APPLICATION/MOTION by movant St Denis J Villere for Catherine A Torell to appear pro hac vice (4) (vdf) (Entered: 11/20/2000) 11/17/ APPLICATION AND ORDER granting [34-1] motion for Catherine A Torell to appear pro hac vice ( signed by Judge Buchmeyer) Copies counsel: 11/20/00 Page(s) 4 (vdf) Modified on 11/20/2000 (Entered: 11/20/2000) 11/20/ APPLICATION/MOTION by plaintiff Hector Alfaro for Darren J Robbins to appear pro hac vice (3) (vdf) (Entered: 11/21/2000) 11/20/ APPLICATION AND ORDER granting [35-1] motion for Darren J Robbins to appear pro hac vice ( signed by Judge Buchmeyer) Copies to counsel: 11/21/00 Page(s) 3 (vdf) (Entered: 11/21/2000) 11/20/2000 Motion hearing re: [8-1] motion to appoint plaintiffs Herbert Becker and Thomas Villa as lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiffs choice of counsel, [6-1] motion for appointment as lead plaintiff and for approval of its selection of lead counsel held before Judge Buchmeyer (vdf) (Entered: 11/21/2000) 11/20/ Minute order: Hearing on Class Action of Lead Plaintiffs Held before Chief Judge Jerry Buchmeyer Court Reporter: Joe Belton...Deft's did not show...opinion to follow. (1) (vdf) (Entered: 11/21/2000) 11/20/ ORDER consolidating cases...the above referenced matter is consolidated with civil action number 3:00-CV-1772-R, and that case is DISMISSED. All future pleadings shall be filed under 3:00-CV-1613-R. ( signed by Judge Buchmeyer) Copies to counsel: 11/21/00 Page(s) 1 (vdf) (Entered: 11/21/2000) 11/20/ ORDER consolidating cases...the above referenced matter is consolidated with civil action number 3:00-CV-1767-R, and that case is DISMISSED. All future pleadings shall be filed under civil action number 3:00-CV-1613-R. ( signed by Judge Buchmeyer) Copies to counsel: 11/21/00 Page(s) 1 (vdf) (Entered: 11/21/2000) 12/11/ MEMORANDUM OPINION...For the reasons explained, this Court finds that Saint Denis J Villere is the most capable representative of the class. Thus, this Court APPOINTS Villere as lead plaintiff and, further, Villere's choice of Goodkind Labaton Rudoff & Sucharow LLP as counsel is APPROVED. (SEE ORDER FOR SPECIFICS) ( signed by Judge Buchmeyer) Copies to counsel: 12/12/00 Page(s): 9 (vdf) (Entered: 12/12/2000) 12/11/ **VACATED PER ORDER ENTERED ON 02/12/01**SCHEDULING ORDER setting Amending of Pleadings on 4/3/01 ; Discovery cutoff 6/4/01 ; Deadline for filing of dispositive motions 8/27/01 Pretrial materials due on 12/21/01 Pretrial conference for 1/4/02 ; Docket call set for 1/7/02 (SEE ORDER FOR SPECIFICS) ( signed by Judge Buchmeyer) Copies to counsel: 12/12/00 Page(s): 11 (vdf) Modified on 07/09/2001 (Entered: 12/12/2000) 12/11/ STATUS REPORT ORDER. Joint Status report due on 2/2/01 ( signed by Judge Buchmeyer) Copies to counsel: 12/12/00 Page(s): 11 (vdf) (Entered: 12/12/2000)

11 12/12/ ORDER (Motion termed: [8-1] motion to appoint plaintiffs Herbert Becker and Thomas Villa as lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiffs choice of counsel ), granting [6-1] motion for appointment as lead plaintiff and for approval of its selection of lead counsel...for the reasons stated in this Court's Memorandum Opinion, it is ORDERED that Saint Denis J Villere is APPOINTED as lead plaintiff. Further, Villere's choice of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel is APPROVED. ( signed by Judge Buchmeyer) Copies to counsel: 12/12/00 Page(s) 1 (vdf) (Entered: 12/12/2000) 12/12/ ORDER REGARDING JUDGE BUCHMEYER'S SCHEDULING ORDER (SEE ORDER FOR SPECIFICS) ( signed by Magistrate Judge Stickney) Copies to counsel: 12/14/00 Page(s) 2 (vdf) (Entered: 12/14/2000) 12/12/ ORDER denying [16-1] motion to strike the unsworn certification of George V Young filed in support of Saint Denis J Villere & Co's Motion for Appt as lead plaintiff, etc ( signed by Judge Buchmeyer) Copies to counsel: 12/14/00 Page(s) 1 (vdf) (Entered: 12/14/2000) 01/24/ MOTION by defendant Caprock Comm Corp, defendant Leo J Cyr, defendant Jere W Thompson Jr, defendant Kevin W McAleer for entry of scheduling order (3) (vdf) (Entered: 01/25/2001) 01/31/ ORDER consolidating cases..the above reference case is consolidated with civil action number 3:00-CV-2750-R, and that case is dismissed. All future pleadings shall subsequently be filed under 3:00-CV-1613-R. ( Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 02/01/01 Page(s) 1 (vdf) (Entered: 02/01/2001) 02/12/ ORDER granting [44-1] motion for entry of scheduling order...plaintiffs have until 02/20/01 to file a consolidated amended complaint; Defts have until 45 days from the date on which the Court appoints lead plaintiff and lead counsel to file a consolidated motion to dismiss; vacating [40-1] Scheduling order pursuant to the automatic stay of the PSLRA (SEE ORDER FOR SPECIFICS) ( Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 02/12/01 Page(s) 1 (vdf) (Entered: 02/12/2001) 02/15/ UNOPPOSED MOTION by plaintiff St Denis J Villere to extend time to file consolidated amended complaint (3) (vdf) (Entered: 02/16/2001) 02/16/ AGREED ORDER granting [47-1] motion to extend time to file consolidated amended complaint...the request to enlarge time to file the consolidated amended complaint is extended until 04/06/01 ( Signed by Magistrate Paul D. Stickney ) Copies to counsel: 02/20/01 Page(s) 2 (vdf) (Entered: 02/20/2001) 02/20/ STIPULATION AND ORDER...It is ordered that since Villere and Goodkind, Labaton were appointed lead plaintiff and lead counsel, respectively, in the Alfaro action, they shall continued to serve as lead plaintiff and counsel in the consolidated actions (SEE ORDER FOR SPECIFICS) ( Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 02/21/01 Page(s) 5 (vdf) (Entered: 02/21/2001) 02/23/ TRANSCRIPT filed Court Reporter: Joe Belton Date(s): 11/20/00 Volume(s): 1 Type of proceeding: Oral Arguments (15+/USC) (vdf) (Entered: 02/26/2001)

12 04/06/ CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by plaintiff St Denis J Villere, et al, amending [1-1] complaint (15+) (vdf) (Entered: 04/09/2001) 05/14/ AGREED MOTION by plaintiff, defendant, consolidated plaintiff, plaintiff, consolidated plaintiff, consolidated defendant to extend page limitations (2) (vdf) (Entered: 05/15/2001) 05/17/ AGREED ORDER granting [52-1] motion to extend page limitations.. It is ordered that the parties may file briefs with the following page limits: Movant's brief in support of motion to dismiss 50 pgs; Respondent's opposition 50 pgs; and Movant's reply 25 pgs. ( Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 05/18/01 Page(s) 1 (vdf) Modified on 05/18/2001 (Entered: 05/18/2001) 05/21/ NOTICE OF MOTION by defendant Caprock Comm Corp, defendant Leo J Cyr, defendant Jere W Thompson Jr, defendant Kevin W McAleer, consolidated defendant Matthew M Kingsley, consolidated defendant Ignatius W Leonards, consolidated defendant Timothy W Rogers, consolidated defendant Mark Langdale, consolidated defendant Christopher J Amenson, consolidated defendant John R Harris, consolidated defendant Salomon Smith Barney, consolidated defendant Bear Stearns & Co (3) (vdf) (Entered: 05/22/2001) 06/04/ Agreed/JOINT MOTION to extend time to file responsive briefs by defendant, consolidated plaintiff, plaintiff, consolidated defendant (3) (jyg) (Entered: 06/05/2001) 06/12/ ORDER granting [55-1] joint motion to extend time to file responsive briefs Response to motion due 07/09/01, Reply to Response to Motion due 08/08/01 ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 06/13/01 Page(s) 2 (vdf) (Entered: 06/13/2001) 07/09/ **UNFILED PER ORDER ENTERED ON 07/10/01**MEMORANDUM OF LAW by lead plaintiffs' St Denis J Villere, plaintiff Herbert Becker in opposition to deft's motion to dismiss (15+) (vdf) Modified on 07/11/2001 (Entered: 07/10/2001) 07/09/ **UNFILED PER ORDER ENTERED ON 07/10/01**APPENDIX by plaintiff St Denis J Villere, plaintiff Herbert Becker in support of [57-1] opposition memorandum (15+) (vdf) Modified on 07/11/2001 (Entered: 07/10/2001) 07/10/ ORDER unfiling [57-1] opposition memorandum, unfiling [58-1] support appendix by lead plaintiff St Denis J Villere and Herbert Becker due to the following deficiency: Must be filed in Joint Motion Submission. Copies to counsel: 07/11/01 (signed by Judge Jerry Buchmeyer ) Page(s) 1 (vdf) (Entered: 07/11/2001) 07/12/ NOTICE OF RESPONSE by lead plaintiffs St Denis J Villere, and plaintiff Herbert Becker (2) (vdf) (Entered: 07/13/2001) 07/27/ NOTICE of ADDRESS CHANGE by attorney for consolidated plaintiff Todd Katz New address is: One North LaSalle Street, Suite 2225, Chicago, IL (1) (vdf) (Entered: 07/27/2001) 08/08/ UNOPPOSED MOTION by defendant Caprock Comm Corp, defendant Leo J Cyr, defendant Jere W Thompson Jr, defendant Kevin W McAleer, consolidated defendant Matthew M Kingsley, consolidated defendant Ignatius W Leonards, consolidated defendant Timothy W Rogers, consolidated defendant Mark Langdale,

13 consolidated defendant Christopher J Amenson, consolidated defendant John R Harris, consolidated defendant Salomon Smith Barney, consolidated defendant Bear Stearns & Co for leave to file appendix in excess of 140 pages (4) (vdf) (Entered: 08/08/2001) 08/13/ ORDER granting [62-1] motion for leave to file appendix in excess of 140 pages ( Signed by Chief Judge Jerry Buchmeyer ) Copies to counsel: 08/14/01 Page(s) 1 (vdf) (Entered: 08/14/2001) 08/21/ JOINT MOTION SUBMISSION (Volume I) to dismiss by defendant Kevin W McAleer, defendant Jere W Thompson Jr, defendant Leo J Cyr, Caprock Comm Corp, consolidated defendant Bear Stearns & consolidated defendant Salomon Smith Barney, consolidated defendant John R Harris, consolidated defendant Christopher J Amenson, consolidated defendant Mark Langdale, consolidated defendant Timothy W Rogers, consolidated defendant Ignatius W Leonards, consolidated defendant Matthew M Kingsley (15+/USC) (not imaged) (vdf) (Entered: 08/21/2001) 08/21/ JOINT MOTION SUBMISSION (VOLUME II)/APPENDIX by defendant Kevin W McAleer, defendant Jere W Thompson Jr, defendant Leo J Cyr, defendant Caprock Comm Corp, consolidated defendant Bear Stearns & Co, consolidated defendant Salomon Smith Barney, consolidated defendant John R Harris, consolidated defendant Christopher J Amenson, consolidated defendant Mark Langdale, consolidated defendant Timothy W Rogers, consolidated defendant Ignatius W Leonards, consolidated defendant Matthew M Kingsley in support of [64-1] joint motion to dismiss (15+/USC) (not imaged) (vdf) (Entered: 08/21/2001) 08/21/ APPENDIX OF SLIP OPINIONS by defendant Kevin W McAleer, defendant Jere W Thompson Jr, defendant Leo J Cyr, defendant Caprock Comm Corp, consolidated defendant Bear Stearns & Co, consolidated defendant Salomon Smith Barney, consolidated defendant John R Harris, consolidated defendant Christopher J Amenson, consolidated defendant Mark Langdale, consolidated defendant Timothy W Rogers, consolidated defendant Ignatius W Leonards, consolidated defendant Matthew M Kingsley in support of [64-1] joint motion to dismiss, [65-1] support appendix (15+/USC) (not imaged) (vdf) (Entered: 08/21/2001) 09/21/ REQUEST/MOTION by plaintiff St Denis J Villere for oral argument. (2) (jaw) (Entered: 09/24/2001) 10/03/ NOTICE OF SUPPLEMENTAL AUTHORITY CONCERNING [64-1] joint motion to dismiss by defendant Kevin W McAleer, defendant Jere W Thompson Jr, defendant Leo J Cyr, defendant Caprock Comm Corp. (15+)(Exhibits not imaged.) (jaw) (Entered: 10/04/2001) 10/15/ RESPONSE by plaintiff St Denis J Villere in opposition to [68-1] defendant's supplemental authority concerning their motion to dismiss. (8) (jaw) (Entered: 10/16/2001) 12/10/ NOTICE of ADDRESS CHANGE for office of Milberg Weiss Bershad Hynes & Lerach LLP. New address is: 401 B Street, Suite 1700 San Diego, CA (5) (jaw) (Entered: 12/12/2001) 01/09/ NOTICE of ADDRESS CHANGE for Mark Stromberg. New address is: Stromberg

14 & Associates 5420 LBJ Freeway, Suite 300 Dallas, TX (4) (jaw) (Entered: 01/10/2002) 06/13/ SECOND NOTICE OF SUPPLEMENTAL AUTHORITY CONCERNING [64-1] joint motion to dismiss by defendant. (15+)(Exhibits not imaged.) (jaw) (Entered: 06/14/2002) 07/10/ RESPONSE by plaintiff in opposition to [72-1] supplemental authority concerning their motion to dismiss. (11) (jaw) (Entered: 07/10/2002) 08/12/ ORDER REASSIGNING CASE/SPECIAL ORDER NO Effective 8/12/02, the cases listed on Exhibit A attached to this Order are transferred from the docket of Honorable Jerry Buchmeyer to the docket of Honorable David C. Godbey and shall henceforth carry the suffix letter "N". The clerk of court will notify counsel by providing to each counsel a copy of this Order with attached exhibit. (Pages 2) (Signed by Chief Judge A. Joe Fish) Copies to counsel: 8/13/02 Page(s) 2 (jaw) (Entered: 08/13/2002) 09/24/ ORDER REGARDING TRANSITION All existing scheduling orders, trial settings and referrals to magistrate judges are adopted and remain in full force and effect. Counsel are directed to confer and file a joint status report no later than 14 days after the date of this order. See order for specifics. (Signed by Judge David C. Godbey) Copies to counsel: 9/25/02. Pages: 3 (aat) (Entered: 09/25/2002) 09/25/ ORDER denying [64-1] joint motion to dismiss ( Signed by Judge David C. Godbey ) Copies to counsel: 9/25/02 Page(s) 1 (aat) (Entered: 09/25/2002) 10/08/ JOINT STATUS REPORT by plaintiff Thomas Villa, plaintiff Herbert Becker, plaintiff St Denis J Villere, defendant Kevin W McAleer, defendant Jere W Thompson Jr, defendant Leo J Cyr, defendant Caprock Comm Corp (5) (aat) (Entered: 10/09/2002) 10/09/ ANSWER by defendant Caprock Comm Corp, defendant Kevin W McAleer, defendant Jere W Thompson Jr, defendant Leo J Cyr, consolidated defendant John R Harris, consolidated defendant Christopher J Amenson, consolidated defendant Mark Langdale, consolidated defendant Timothy W Rogers, consolidated defendant Ignatius W Leonards, consolidated defendant Matthew M Kingsley to consolidated amended complaint; jury demand (15+) (aat) (Entered: 10/10/2002) 10/10/ ORDER No later than 20 days from the date of this order, defendant must comply with Rules 7.4 and 3.1(f) so that the Court can ensure that recusal is not required in this case. ( Signed by Judge David C. Godbey ) Copies to counsel: 10/10/02 Page(s) 2 (aat) (Entered: 10/10/2002) 10/25/ CERTIFICATE OF INTERESTED PERSONS by defendants (3) (aat) (Entered: 10/28/2002) 11/26/ SCHEDULING ORDER setting Jury trial set for 10/20/03. See order for specifics. ( Signed by Judge David C. Godbey ) Copies to counsel: 11/27/02 Page(s): 3 (jaw) (Entered: 11/27/2002) 12/04/ MOTION by defendants for certification or, in the alternative, motion for reconsideration of [76-1] order (3) (aat) (Entered: 12/05/2002)

15 12/04/ MEMORANDUM by defendants in support of [82-1] motion for certification or, in the alternative, motion for reconsideration of [76-1] order (15+) (aat) (Entered: 12/05/2002) 12/04/ APPENDIX by defendants in support of [82-1] motion for certification or, in the alternative, motion for reconsideration of [76-1] order (15+) (Not imaged) (aat) (Entered: 12/05/2002) 01/23/ AGREED MOTION by plaintiff St Denis J Villere, plaintiff Herbert Becker to enlarge time for lead plaintiffs' to respond to defendants' motion for certification, or in the alternative, motion for reconsideration (4) (aat) (Entered: 01/24/2003) 01/23/2003 Motion(s) referred: [85-1] motion to enlarge time for lead plaintiffs' to respond to defendants' motion for certification, or in the alternative, motion for reconsideration referred to Magistrate Judge Paul D. Stickney (aat) (Entered: 01/24/2003) 01/27/ ORDER granting [85-1] motion to enlarge time for lead plaintiffs' to respond to defendants' motion for certification, or in the alternative, motion for reconsideration. Plaintiffs' response to motion reset to 2/3/03 for [82-1] motion for certification or, in the alternative, motion for reconsideration of [76-1] order. ( Signed by Judge David C. Godbey ) Copies to counsel: 1/28/03 Page(s) 2 (aat) (Entered: 01/28/2003) 01/30/ AMENDED ORDER Plaintiffs' response to motion reset to 2/10/03 for [82-1] motion for certification or, in the alternative, motion for reconsideration of [76-1] order. ( Signed by Judge David C. Godbey ) Copies to counsel: 1/30/03 Page(s) 1 (aat) (Entered: 01/30/2003) 02/10/ MEMORANDUM by consolidated plaintiff Todd Katz, consolidated plaintiff Joseph Chen, plaintiff Thomas Villa, plaintiff Herbert Becker, plaintiff St Denis J Villere, consolidated plaintiff Larry J Bland, consolidated plaintiff Teresa A Cicala, consolidated plaintiff Angela Amos, plaintiff Hector Alfaro in opposition to [82-1] motion for certification or, in the alternative, motion for reconsideration of [76-1] order (15+) (aat) (Entered: 02/11/2003) 02/13/ CERTIFICATE OF SERVICE re: [88-1] opposition memorandum by consolidated plaintiff Todd Katz, consolidated plaintiff Joseph Chen, plaintiff Thomas Villa, plaintiff Herbert Becker, plaintiff St Denis J Villere, consolidated plaintiff Larry J Bland, consolidated plaintiff Teresa A Cicala, consolidated plaintiff Angela Amos, plaintiff Hector Alfaro (2) (aat) (Entered: 02/13/2003) 02/25/ AGREED MOTION to Extend Time for defendants to reply to lead plaintiffs' opposition to defendants' motion for certification or, in the alternative, motion for reconsideration by Christopher J Amenson, Caprock Communications Corp, Leo J Cyr, John R Harris, Matthew M Kingsley, Mark Langdale, Ignatius W Leonards, Kevin W McAleer, Timothy W Rogers, Jere W Thompson Jr (aat, ) (Entered: 02/27/2003) 02/28/ ORDER granting 90 Motion to Extend Time for defendants to reply to lead plaintiffs' response to defendants' motion for certification or, in the alternative, motion for reconsideration. Defendants' reply due 3/17/03. (Signed by Judge David C Godbey on 2/28/03) (aat, ) (Entered: 03/03/2003)

16 02/28/2003 Set/Reset Deadlines as to [82] Motion for Reconsideration. Replies due by 3/17/2003. (aat, ) (Entered: 03/03/2003) 03/18/ AGREED MOTION to extend time for defendants to reply to lead plaintiffs' opposition to defendants' motion for certification or, in the alternative, motion for reconsideration, by Christopher J Amenson, Caprock Communications Corp, Leo J Cyr, John R Harris, Matthew M Kingsley, Mark Langdale, Ignatius W Leonards, Kevin W McAleer, Timothy W Rogers, Jere W Thompson Jr (aat, ) (Entered: 03/19/2003) 03/24/ REPLY BRIEF to Response to Motion re [82] motion for certification or, in the alternative, motion for reconsideration, filed by Christopher J Amenson, Bear Stearns & Company Inc, Caprock Communications Corp, Leo J Cyr, John R Harris, Matthew M Kingsley, Mark Langdale, Ignatius W Leonards, Kevin W McAleer, Timothy W Rogers, Salomon Smith Barney Inc, Jere W Thompson Jr. (aat, ) (Entered: 03/25/2003) 03/25/ ORDER granting 92 Motion to Extend Time for defendants to reply to lead plaintiffs' response to defendants' motion for certification or, in the alternative, motion for reconsideration until 3/24/03. (Signed by Judge David C Godbey on 3/25/03) (aat, ) (Entered: 03/25/2003) 04/02/ MOTION for Leave to File sur-reply to respond to defendants' reply brief in support of their motion for certification, or in the alternative, motion for rconsideration, by Herbert Becker, St Denis J Villere & Co. (Exhibits not imaged) (aat, ) (Entered: 04/03/2003) 04/17/ AGREED MOTION setting schedule for plaintiffs' motion for class certification by Herbert Becker, St Denis J Villere & Co. (aat, ) (Entered: 04/18/2003) 04/24/ ORDER SETTING SCHEDULE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION granting 96 agreed motion for order setting a specified schedule for plaintiffs' motion for class certification. Plaintiffs will file their motion for class certification by 4/30/03. Defendants will have 30 days after service to respond; and plaintiffs will have 21 days after service to reply. (Signed by Judge David C Godbey on 4/24/03) (aat, ) (Entered: 04/25/2003) 04/28/ MOTION class certification by St Denis J Villere & Co. (aat, ) (Entered: 04/29/2003) 04/28/ MEMORANDUM in support re 98 motion class certification filed by St Denis J Villere & Co. (aat, ) (Entered: 04/29/2003) 04/28/ APPENDIX in support re 98 motion class certification filed by St Denis J Villere & Co. (Not imaged) (aat, ) (Entered: 04/29/2003) 05/09/ NOTICE of change of address by Charles W Schwartz. New address is: Skadden, Arps, Slate, Meagher & Flom LLP, 1600 Smith, Ste 4400, Houston, TX (aat, ) (Entered: 05/12/2003) 05/30/ UNOPPOSED MOTION for leave to file exhibit under seal by Caprock Communications Corp, Leo J Cyr, Kevin W McAleer, Jere W Thompson Jr. (aat, ) (Entered: 06/02/2003)

17 05/30/ RESPONSE in opposition re 98 motion class certification, filed by Caprock Communications Corp, Leo J Cyr, Kevin W McAleer, Jere W Thompson Jr. (aat, ) (Entered: 06/02/2003) 05/30/ APPENDIX in Support re 103 opposition to motion for class certification, filed by Caprock Communications Corp, Leo J Cyr, Kevin W McAleer, Jere W Thompson Jr. (Not imaged) (aat, ) (Entered: 06/02/2003) 06/03/ ORDER granting 102 unopposed motion for leave to file exhibit under seal. (Signed by Judge David C Godbey on 6/3/03) (aat, ) (Entered: 06/04/2003) 06/04/ ORDER re: [82] motion to reconsider the Court's 9/25/02 order denying defendants' motion to dismiss, or to certify that order for interlocutory appeal. It is ordered that the phrase "who 'group-published' information on behalf of the company and themselves" be stricken from paragraph 20 of the consolidated amended class action complaint. The balance of defendants' motion to reconsider is denied. Defendants motion to certify is denied. Plaintiffs' 95 motion for leave to file surreply is denied. (Signed by Judge David C Godbey on 6/4/03) (aat, ) (Entered: 06/04/2003) 06/23/ AGREED MOTION to Extend Time for lead plaintiffs' reply in further support of its motion for class certification by Herbert Becker, St Denis J Villere & Co. (aat, ) (Entered: 06/24/2003) 06/30/ ORDER granting 107 Motion to Extend Time for lead plaintiff's reply in further support of motion for class certification. Reply due 7/8/03. (Signed by Judge David C Godbey on 6/30/03) (aat, ) (Entered: 07/01/2003) 06/30/2003 Set/Reset Deadlines as to 98 Motion for class certification. Replies due by 7/8/2003. (aat, ) (Entered: 07/01/2003) 07/02/ AGREED MOTION to abate the schedule for lead plaitniff's motion for class certification by Herbert Becker, St Denis J Villere & Co. (aat, ) (Entered: 07/03/2003) 07/08/ ORDER ABATING THE SCHEDULE FOR LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION, granting 109 agreed motion. The motion for class certification is deferred until the parties move for preliminary approval of the proposed settlement or, if a stipulation of settlement is not executed, at such other time as the Court determines. (Signed by Judge David C Godbey on 7/8/03) (aat, ) (Entered: 07/09/2003) 10/01/ STIPULATION of settlement by Christopher J Amenson, Herbert Becker, Caprock Communications Corp, Leo J Cyr, John R Harris, Matthew M Kingsley, Mark Langdale, Ignatius W Leonards, Kevin W McAleer, Timothy W Rogers, St Denis J Villere & Co, Jere W Thompson Jr. (Exhibits not imaged)(aat, ) (Entered: 10/02/2003) 10/01/ CONSENTED TO MOTION for preliminary approval of proposed settlment by Herbert Becker, St Denis J Villere & Co. (aat, ) (Entered: 10/02/2003) 10/01/ MEMORANDUM in support re 112 consented to motion for preliminary approval of proposed settlment filed by Herbert Becker, St Denis J Villere & Co. (aat, ) (Entered: 10/02/2003)

18 10/01/ APPENDIX in support re 112 consented to motion for preliminary approval of proposed settlment filed by Herbert Becker, St Denis J Villere & Co. (Not imaged)(aat, ) (Entered: 10/02/2003) 10/01/ ORDER: A hearing is set for 10/9/2003 at 09:00 AM before Judge David C Godbey regarding preliminary approval of settlement. (Signed by Judge David C Godbey on 10/1/03) (aat, ) (Entered: 10/02/2003) 10/09/ Minute Entry for proceedings held before Judge David C Godbey : Settlement conference held on 10/9/03. (Court Reporter Linda Robbins.) (aat, ) (Entered: 10/09/2003) 10/14/ ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE. The Court preliminarily certifies the litigation as a class action for purposes of the settlement. A hearing is set for 11/20/03 at 4:00PM re: settlement. See order for specifics. (Signed by Judge David C Godbey on 10/14/03) (aat, ) (Entered: 10/15/2003) 10/14/2003 Hearing set for 11/20/2003 at 04:00 PM before Judge David C Godbey. (aat, ) (Entered: 10/15/2003) 11/13/ MOTION for final approval of proposed settlement and plan of allocation and application for an award of attorneys' fees and reimbursement of expenses by St Denis J Villere & Co (aat, ) (Entered: 11/14/2003) 11/13/ MEMORANDUM in support re 118 motion for final approval of proposed settlement and plan of allocation filed by St Denis J Villere & Co. (aat, ) (Entered: 11/14/2003) 11/13/ MEMORANDUM in support re 118 motion for an award of attorneys' fees and reimbursement of expenses filed by St Denis J Villere & Co. (aat, ) (Entered: 11/14/2003) 11/13/ APPENDIX in support re 118 motion for final approval of proposed settlement and plan of allocation and application for an award of attorneys' fees and reimbursement of expense filed by St Denis J Villere & Co. (Not imaged) (USC) (aat, ) (Entered: 11/14/2003) 11/20/ Minute Entry for proceedings held before Judge David C Godbey : Settlement conference held on 11/20/03. (Court Reporter Linda Robbins.) (aat, ) (Entered: 11/21/2003) 11/21/ ORDER AWARDING ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES granting 118 motion for attorney fees. Plaintiff's counsel shall be awarded fees of 25% of the settlement fund, or $2,750,000, and reimbursed $283, for costs and expenses, plus interest earned thereon at the same rate and for the same period of time as that earned on teh settlement fun until paid. (Signed by Judge David C Godbey on 11/21/03) (aat, ) (Entered: 11/24/2003) 11/21/ FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. See order for specifics. (Signed by Judge David C Godbey on 11/21/03) (aat, ) (Entered: 11/24/2003) 12/18/ TRANSCRIPT of settlement hearing held on 11/20/03 before Judge Godbey. Court

19 Reporter: Linda Robbins. (Not imaged)(usc) (aat, ) (Entered: 12/19/2003) 03/14/ Unopposed MOTION to Authorize Final Distribution of Settlement Fund, Inclusion of Late Claims, Payment of Fees and Expenses for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities by St Denis J Villere & Co, Herbert Becker (skt, ) (Entered: 03/17/2005) 03/14/ Appendix Submitted in Support of 126 Unopposed MOTION to Authorize Final Distribution of Settlement Fund, Inclusion of Late Claims, Payment of Fees and Expenses for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities filed by St Denis J Villere & Co, Herbert Becker. (skt, ) (Entered: 03/17/2005) 03/17/ ORDER authorizing 126 Final Distribution of Settlement Fund, Inclusion of Late Claims, Payment of Fees and Expenses for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities. See order for specifics. (Signed by Judge David C Godbey on 3/17/2005) (skt, ) (Entered: 03/18/2005) 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