U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:04-cv SNL

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1 US District Court Civil Docket as of June 05, 2007 Retrieved from the court on August 07, 2009 U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:04-cv SNL Dutton v. D&K Healthcare Resources, Inc. et al Date Filed: 02/05/2004 Assigned to: Honorable Stephen N. Limbaugh Date Terminated: 09/19/2007 Cause: 15:78m(a) Securities Exchange Act Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Federal Question Plaintiff Gary Dutton represented by Andrew J. Brown Individually and on behalf of all others COUGHLIN AND STOIA similarly situated 655 W. Broadway Suite 1900 San Diego, CA Fax: David A. Rosenfeld COUGHLIN STOIA, LLP 58 S. Service Road Suite 200 Melville, NY Fax: PRO HAC VICE Don R. Lolli DYSART AND TAYLOR 4420 Madison Avenue Suite 200 Kansas City, MO

2 Fax: Ellen G. Stewart COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: Guri Ademi ADEMI AND O'REILLY, LLP 3620 E. Layton Avenue Cudahy, WI Fax: Jonah H. Goldstein COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: Marc A. Topaz SCHIFFRIN AND BARROWAY 280 King of Prussia Road Radnor, PA Fax:

3 Mario Alba, Jr. COUGHLIN STOIA, LLP 58 S. Service Road Suite 200 Melville, NY Fax: Samuel H. Rudman COUGHLIN STOIA, LLP 58 S. Service Road Suite 200 Melville, NY Fax: Shpetim Ademi ADEMI AND O'REILLY, LLP 3620 E. Layton Avenue Cudahy, WI Stephanie M Schroder COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: stephs@lcsr.com Thomas E Glynn COUGHLIN AND STOIA 655 W. Broadway Suite 1900

4 San Diego, CA Fax: Debra J. Wyman COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: Ramzi Abadou COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: Darren J. Robbins COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: Helen J. Hodges COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax:

5 Plaintiff United Food and Commerical Workers represented by Andrew J. Brown Union, Local 655 Bruce D. Oakes OAKES AND FOSHER, LLC 1401 S. Brentwood Boulevard Suite 560 St. Louis, MO Fax: Darren J. Robbins Greer Spatz COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: William S. Lerach COUGHLIN AND STOIA 655 W. Broadway Suite 1900 San Diego, CA Fax: Ramzi Abadou

6 Richard B. Fosher OAKES AND FOSHER, LLC 1401 S. Brentwood Boulevard Suite 560 St. Louis, MO Fax: Helen J. Hodges V. Defendant D&K Healthcare Resources, Inc. represented by Cupcake L. Brown BINGHAM AND MCCUTCHEN LLP Three Embracadero Center San Francisco, CA Fax: David M. Balabanian BINGHAM AND MCCUTCHEN LLP Three Embracadero Center San Francisco, CA Fax: Mary T. Huser BINGHAM MCCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303

7 Fax: Edwin L. Noel ARMSTRONG TEASDALE, LLP One Metropolitan Square Suite 2600 St. Louis, MO Fax: Glenn E. Davis ARMSTRONG TEASDALE, LLP One Metropolitan Square Suite 2600 St. Louis, MO Fax: Jacqueline Ulin Levey ARMSTRONG TEASDALE, LLP One Metropolitan Square Suite 2600 St. Louis, MO Fax: Defendant J. Hord Armstrong, III represented by Cupcake L. Brown David M. Balabanian

8 Mary T. Huser Edwin L. Noel Glenn E. Davis Jacqueline Ulin Levey Defendant Martin D. Wilson represented by Cupcake L. Brown David M. Balabanian Mary T. Huser Edwin L. Noel Glenn E. Davis

9 Jacqueline Ulin Levey Defendant Thomas S. Hilton represented by Cupcake L. Brown David M. Balabanian Mary T. Huser Edwin L. Noel Glenn E. Davis Jacqueline Ulin Levey Defendant Richard Plotnick TERMINATED: 06/23/2006 represented by Edwin L. Noel Glenn E. Davis Jacqueline Ulin Levey

10 Defendant Bristol-Myers Squibb Company represented by Elizabeth L. Grayer TERMINATED: 06/23/2006 CRAVATH AND SWAIN E, LLP 825 Eighth Avenue Worldwide Plaza New York, NY Fax: Evan R. Chesler CRAVATH AND SWAINE 825 Eighth Avenue Worldwide Plaza New York, NY Fax: Jeffrey B. Korn CRAVATH AND SWAIN E, LLP 825 Eighth Avenue Worldwide Plaza New York, NY Fax: Jessica R. Buturla CRAVATH AND SWAIN E, LLP 825 Eighth Avenue Worldwide Plaza New York, NY Fax:

11 Joseph M. Rebein SHOOK AND HARDY 2555 Grand Blvd Kansas City, MO Fax: Kevin M. Smith SHOOK HARDY, L.L.P Grand Boulevard Kansas City, MO Fax: Movant Geoffrey Moncrief represented by Andrew L. Barroway SCHIFFRIN AND BARROWAY 280 King of Prussia Road Radnor, PA Fax: Darren J. Check SCHIFFRIN AND BARROWAY 280 King of Prussia Road Radnor, PA Fax: David A. Rosenfeld

12 PRO HAC VICE Don R. Lolli Samuel H. Rudman Sean M. Handler SCHIFFRIN AND BARROWAY 280 King of Prussia Road Radnor, PA Fax: Stuart L. Berman SCHIFFRIN AND BARROWAY 280 King of Prussia Road Radnor, PA Fax: Movant Leila Moncrief represented by Andrew L. Barroway Darren J. Check

13 David A. Rosenfeld PRO HAC VICE Don R. Lolli Samuel H. Rudman Sean M. Handler Stuart L. Berman Movant Thomas Carradine represented by Andrew L. Barroway Darren J. Check David A. Rosenfeld PRO HAC VICE

14 Don R. Lolli Samuel H. Rudman Sean M. Handler Stuart L. Berman Date Filed # Docket Text 02/05/ COMPLAINT against defendant J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Martin D. Wilson 4 Summons issued, Fee paid in the amount of $150, Disclosure of Corporate Interest issued to D&K Healthcare Resources, Inc., Jury Demand,, filed by Gary Dutton. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) Additional attachment(s) added on 2/10/2004 (CDD, ). (Entered: 02/09/2004) 02/05/2004 I 2 NOTICE by Plaintiff Gary Dutton Certification of named plaintiff pursuant to Federal Securities Laws. (CDD, ) (Entered: 02/09/2004) 02/05/2004 I 3 NOTICE OF PRIVATE PROCESS SERVER; by Plaintiff Gary Dutton Process Server Mary Givens or Eric Work, (CDD, ) (Entered: 02/09/2004) 02/05/2004 Summons Issued 20 days) as to defendant J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Martin D. Wilson. (CDD, ) (Entered: 02/09/2004) 02/05/2004 Receipt # S in the amount of $ for CIVIL FILING FEE, CIVIL FILING FEE-2ND 1/2 on behalf of DYSART TAYLOR LAY et al.. (CSW,) (Entered: 02/09/2004)

15 02/09/ Letter to attorney David A. Rosenfeld from Cynthia Davis Re:Pro Hac Vice Motion requirements (CDD, ) (Entered: 02/09/2004) 02/09/ Letter to attorney Mario Alba, Jr. from Cynthia Davis Re:Pro Hac Vice motion requirements (CDD, ) (Entered: 02/09/2004) 02/09/2004 I 6 Letter to attorney Marc A. Topaz from Cynthia Davis Re:Pro Hac Vice motion requirements (CDD, ) (Entered: 02/09/2004) 02/09/2004 I 7 Letter to attorney Shpetim Ademi from Cynthia Davis Re:Pro Hac Vice motion requirements (CDD, ) (Entered: 02/09/2004) 02/10/2004 ***REMARK Due to an error, a couple of pages were not scanned with the original complaint. The complaint has been re-scanned correctly. (CDD, ) (Entered: 02/10/2004) 02/11/ Letter to attorney Samuel H. Rudman from Cynthia Davis Re:Pro Hac Vice Motion requirements (CDD, ) (Entered: 02/11/2004) 02/13/2004 I 9 SUMMONS Returned Executed filed by Gary Dutton. D&K Healthcare Resources, Inc. served on 2/10/2004, answer due 3/1/2004. (Lolli, Don) (Entered: 02/13/2004) 02/13/2004 I 10 SUMMONS Returned Executed filed by Gary Dutton. J. Hord Armstrong III served on 2/10/2004, answer due 3/1/2004. (Lolli, Don) (Entered: 02/13/2004) 02/13/2004 I 11 SUMMONS Returned Executed filed by Gary Dutton. Martin D. Wilson served on 2/10/2004, answer due 3/1/2004. (Lolli, Don) (Entered: 02/13/2004) 02/13/ SUMMONS Returned Executed filed by Gary Dutton. Thomas S. Hilton served on 2/10/2004, answer due 3/1/2004. (Lolli, Don) (Entered: 02/13/2004) 03/08/2004 I 13 ENTRY of Appearance by Glenn E. Davis Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong III, Martin D. Wilson, Thomas S. Hilton. (Davis, Glenn) (Entered: 03/08/2004) 03/08/2004 I 14 ENTRY of Appearance by Edwin L. Noel Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong III, Martin D. Wilson, Thomas S. Hilton. (Noel, Edwin) (Entered: 03/08/2004) 03/08/2004 I 15 ENTRY of Appearance by Jacqueline P. Ulin Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong III, Martin D. Wilson, Thomas S. Hilton. (Ulin, Jacqueline) (Entered: 03/08/2004) 03/08/2004 I 16 MOTION for Extension of Time to File Answer or Responsive Pleading by Defendant D&K I

16 Healthcare Resources, Inc.. (Davis, Glenn) (Entered: 03/08/2004) 03/09/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of ALBA, MARIO, JR.. (CSW,) (Entered: 03/09/2004) 03/09/2004 I 17 MOTION for Leave to Appear Pro Hac Vice Mario Alba, Jr. by Plaintiff Gary Dutton w/ E-filing registration form (ARL) (Entered: 03/10/2004) 03/10/2004 Docket Text ORDER re 16 MOTION for Extension of Time to File Answer or Responsive Pleading up to and including April 7, 2004 filed by D&K Healthcare Resources, Inc.; ORDERED GRANTED.Signed by Judge Stephen N. Limbaugh on 3/10/04. (LAH, ) (Entered: 03/10/2004) 03/11/2004 Docket Text ORDER re 17 MOTION for Leave to Appear Pro Hac Vice Mario Alba, Jr. filed by Gary Dutton; ORDERED GRANTEDSigned by Judge Stephen N. Limbaugh on 3/11/04. (LAH, ) (Entered: 03/11/2004) 03/12/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of RUDMAN, SAMUEL H.. (CSW,) (Entered: 03/12/2004) 03/12/2004 I 18 MOTION for Leave to Appear Pro Hac Vice For Attorney Samuel H. Rudman by Plaintiff Gary Dutton (CMA) (Entered: 03/16/2004) 03/18/2004 Docket Text ORDER re 18 MOTION for Leave to Appear Pro Hac Vice Samuel H. Rudman filed by Gary Dutton; ORDERED GRANTEDSigned by Judge Stephen N. Limbaugh on 3/18/04. (LAH, ) (Entered: 03/18/2004) 04/06/2004 I 19 MOTION for Extension of Time to File Answer or Responsive Pleading(s) by Defendant D&K Healthcare Resources, Inc.. (Attachments: # 1 Text of Proposed Order)(Davis, Glenn) (Entered: 04/06/2004) 04/14/ MOTION for Leave to File Motion Pursuant To Section 21D Of The Securities Exchange Act of (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Fosher, Richard) (Note: This Document Was Refiled as Document No. 24; Therefore, This Document Has Been Termed) (Modified on 4/16/ CMA) (Entered: 04/14/2004) 04/14/2004 I 21 MOTION to Appoint Lead Counsel and Proposed Liaison Counsel names:don R. Lolli, Dysart Taylor Lay Cotter & McMonigle, P.C., Proposed Liaison Counsel; Andrew L. Barroway, Schiffrin & Barroway, LLP, Proposed Lead Counsel; Samuel H. Rudman, Cauley Geller, Proposed Lead Counsel by Movants Geoffrey Moncrief, Leila Moncrief, and Thomas Carradine (Attachments: # 1 Proposed Order)(Lolli, Don) (Modified on 4/19/2004 to Edit Filers - CMA) (Entered: 04/14/2004)

17 04/14/ MEMORANDUM in Support of Motion re 21 MOTION to Appoint Lead Counsel and Proposed Liaison Counsel names:don R. Lolli, Dysart Taylor Lay Cotter & McMonigle, P.C., Proposed Liaison Counsel; Andrew L. Barroway, Schiffrin & Barroway, LLP, Proposed Lead Counsel; Samuel H. Rudman, Caule filed by Movants Geoffrey Moncrief, Leila Moncrief, and Thomas Carradine (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Lolli, Don) (Modified on 4/19/2004 to Edit Filers - CMA) (Entered: 04/14/2004) i 04/14/2004 I 23 DECLARATION filed by Movants Geoffrey Moncrief, Leila Moncrief, and Thomas Carradine re 21 MOTION to Appoint Lead Counsel and Proposed Liaison Counsel names:don R. Lolli, Dysart Taylor Lay Cotter & McMonigle, P.C., Proposed Liaison Counsel; Andrew L. Barroway, Schiffrin & Barroway, LLP, Proposed Lead Counsel; Samuel H. Rudman, Caule. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Lolli, Don) (Modified on 4/19/2004 to Edit Filers - CMA) (Entered: 04/14/2004) 04/14/2004 I 24 MOTION for Leave to File Motion Pursuant to Section 21D of the Securities Exchange Act of 1934 by Movant united food & commercial union local 655. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Fosher, Richard) (Entered: 04/14/2004) 04/14/2004 I 25 ORDER: IT IS HEREBY ORDERED that Defts' motion (motion for additional time to file responsive pleading) is GRANTED; Upon appointment of lead Pltf and lead counsel, on or before 5/26/04, lead counsel shall advise the Court and Defts of Pltfs' intent to amend the initial complaint; Should lead Pltfs' counsel then indicate they intend to stand on the initial complaint, Defts shall be given an additional 20 days following the appointment of lead counsel to file their responsive pleadings; Otherwise, Defts shall be given 20 days from the date Pltfs file an amended complaint to file their responsive pleadings; Signed by Judge Stephen N. Limbaugh on 4/14/04(CMA) (Entered: 04/15/2004) 04/20/ Letter to attorney William S. Lerach from USDC EDMO Re: Admission PHV (CMA) (Entered: 04/20/2004) 04/20/ Letter to attorney Darren J. Robbins from USDC EDMO Re: Admission PHV (CMA) (Entered: 04/20/2004) 04/20/2004 I 28 Letter to attorney Andrew L. Barroway from USDC EDMO Re: Admission PHV (CMA) (Entered: 04/20/2004) 04/20/2004 I 29 Letter to attorney Stuart L. Berman from USDC EDMO Re: Admission PHV (CMA) (Entered: 04/20/2004) 04/20/ Letter to attorney Darren J. Check from USDC EDMO Re: Admission PHV (CMA) (Entered: 04/20/2004)

18 04/20/ Letter to attorney Sean M. Handler from USDC EDMO Re: Admission PHV (CMA) (Entered: 04/20/2004) 04/21/ MEMORANDUM in Opposition re 24 MOTION for Leave to File Motion Pursuant to Section 21D of the Securities Exchange Act of 1934 filed by Movants Thomas Carradine, Leila Moncrief. (Lolli, Don) (Entered: 04/21/2004) 04/21/2004 I 33 DECLARATION filed by Movants Thomas Carradine, Geoffrey Moncrief, Leila Moncrief re 32 Memorandum in Opposition to Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Lolli, Don) (Entered: 04/21/2004) 04/22/2004 I 34 MOTION to Stay Proceedings Pending Court's Resolution Of The United Food & Commercial Workers Union Local 655, AFL-CIO, Food Employees Joint Pension Plan's Request For Leave To File A Motion Pursuant To Section 21D Of The Securities Exchange Act Of 1934 by Movant united food & commercial union local 655. (Fosher, Richard) (Entered: 04/22/2004) 04/22/2004 I 35 MEMORANDUM in Support of Motion re 34 MOTION to Stay Proceedings Pending Court's Resolution Of The United Food & Commercial Workers Union Local 655, AFL-CIO, Food Employees Joint Pension Plan's Request For Leave To File A Motion Pursuant To Section 21D Of The Securities Excha nge Act of 1934 filed by Movant united food & commercial union local 655. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Fosher, Richard) (Entered: 04/22/2004) i 04/22/2004 I 36 MOTION to Stay Proceedings Pending Court's Resolution Of The United Food & Commercial Workers Union Local 655, AFL-CIO, Food Employees Joint Pension Plan's Request For Leave To File A Motion Pursuant To Section 21D Of The Securities Exchange Act Of 1934 by Movant united food & commercial union local 655. (Attachments: # 1 Text of Proposed Order)(Fosher, Richard) (Entered: 04/22/2004) 04/22/2004 I 37 ORDER TO SHOW CAUSE -IT IS HEREBY ORDERED that all interested parties shall show cause, in writing, on or before April 30, 2004 as to how this Court shall resolve the afore-mentioned conflict between the PSLRA and Rule 23 and proceed with this cause of action. IT IS FINALLY ORDERED that he movant Local 655's request for leave to file motion pursuant to Sec. 21D of the Securities Exchange Act of be and is GRANTED. The Court recognizes that the response time has not expired regarding said request; however, given the circumstances presented by tis case, the Court does not believe that any person or entity would be prejudiced by allowing Local 655 to file its motion for appointment of lead plaintiff out-oftime. Once filed, all interested parties will have the opportunity to challenge the merits of said motion, as well as the current pending motion regarding appointment of lead plaintiff, lead counsel, and liaison counsel. Local 655 shall file their motion for appointment of lead plaintiff and lead counsel no later than April 30, No further extensions of time will be granted. Show Cause Response due by 4/30/2004. Signed by Judge Stephen N. Limbaugh on

19 4/22/04. (LAH, ) (Entered: 04/22/2004) 04/23/ ORDER finding as moot 36 Motion to Stay IT IS HEREBY ORDERED that Movant United Food and Commerical Workers Union Local 655's motion to stay 36 be and is DENIED AS MOOT. Signed by Judge Stephen N. Limbaugh on 4/23/04. (ARL) (Entered: 04/23/2004) 04/23/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of ROBBINS, DARREN J.. (CSW,) (Entered: 04/23/2004) 04/23/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of ABADOU, RAMZI. (CSW,) (Entered: 04/23/2004) 04/26/2004 I 39 MOTION for Leave to Appear Pro Hac Vice Darren J. Robbins by Plaintiff Gary Dutton. (LAH, ) (Entered: 04/26/2004) 04/26/ MOTION for Leave to Appear Pro Hac Vice Ramzi Abadou by Plaintiff Gary Dutton. (LAH, ) (Entered: 04/26/2004) 04/27/2004 Docket Text ORDER re 39 MOTION for Leave to Appear Pro Hac Vice Darren J. Robbins filed by Gary Dutton, 40 MOTION for Leave to Appear Pro Hac Vice Ramzi Abadou filed by Gary Dutton; ORDERED GRANTED. Signed by Judge Stephen N. Limbaugh on 4/27/04. (ARL) (Entered: 04/27/2004) 04/30/2004 I 41 RESPONSE TO ORDER TO SHOW CAUSE re 37 Order to Show Cause,,,, by Movants Thomas Carradine, Geoffrey Moncrief, Leila Moncrief. (Lolli, Don) (Entered: 04/30/2004) 04/30/2004 I 42 RESPONSE TO ORDER TO SHOW CAUSE by Defendant D&K Healthcare Resources, Inc.. (Davis, Glenn) (Entered: 04/30/2004) 04/30/ DECLARATION filed by Movant united food & commercial union local 655 of Richard B. Fosher in support of Movant's Motion for Appointment as lead plaintiff and for approval of lead plaintiff's selection of lead counsel. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Fosher, Richard) (Entered: 04/30/2004) 04/30/2004 I 44 MOTION to Appoint Lead Counsel and Lead Plaintiff names:william S. Lerach and Darren J. Robbins by Movant united food & commercial union local 655. (Attachments: # 1 Text of Proposed Order)(Fosher, Richard) (Entered: 04/30/2004) 04/30/2004 I 45 MEMORANDUM in Support of Motion re 44 MOTION to Appoint Lead Counsel and Lead Plaintiff names:william S. Lerach and Darren J. Robbins filed by Movant united food & commercial union local 655. (Fosher, Richard) (Entered: 04/30/2004)

20 05/04/2004 Receipt # S in the amount of $ for ATTORNEY ADM. FEE - PHV- Andrew L. Barroway, ATTORNEY ADM. FEE - PHV- Darren J. Check, ATTORNEY ADM. FEE - PHV- Sean M. Handler, ATTORNEY ADM. FEE - PHV- Stuart L. Berman on behalf of SCHIFFRIN & BARROWAY, LLP. (CSW,) (Entered: 05/04/2004) 05/04/ MOTION for Leave to Appear Pro Hac Vice Stuart Berman by Movants Thomas Carradine, Geoffrey Moncrief, Leila Moncrief. (LAH, ) (Entered: 05/05/2004) 05/04/2004 I 47 MOTION for Leave to Appear Pro Hac Vice Andrew L. Barroway by Movants Thomas Carradine, Geoffrey Moncrief, Leila Moncrief. (LAH, ) (Entered: 05/05/2004) 05/04/2004 I 48 MOTION for Leave to Appear Pro Hac Vice Sean M. Handler by Movants Thomas Carradine, Geoffrey Moncrief, Leila Moncrief. (LAH, ) (Entered: 05/05/2004) 05/04/2004 I 49 MOTION for Leave to Appear Pro Hac Vice Darren J. Check by Movants Thomas Carradine, Geoffrey Moncrief, Leila Moncrief. (LAH, ) (Entered: 05/05/2004) 05/05/2004 Receipt: $100.00, receipt number S atty adm. fee for attys Stuart L. Berman, Andrew L. Barroway, Sean M. Handler, and Darren J. Check. (LAH, ) (Entered: 05/05/2004) 05/05/2004 Docket Text ORDER re 46 MOTION for Leave to Appear Pro Hac Vice Stuart Berman filed by Geoffrey Moncrief, Leila Moncrief, Thomas Carradine; ORDERED GRANTED Signed by Judge Stephen N. Limbaugh on 5/5/04. (LAH, ) (Entered: 05/05/2004) 05/05/2004 Docket Text ORDER re 47 MOTION for Leave to Appear Pro Hac Vice Andrew L. Barroway filed by Geoffrey Moncrief, Leila Moncrief, Thomas Carradine; ORDERED GRANTED.Signed by Judge Stephen N. Limbaugh on 5/5/04. (LAH, ) (Entered: 05/05/2004) 05/05/2004 Docket Text ORDER re 48 MOTION for Leave to Appear Pro Hac Vice Sean M. Handler filed by Geoffrey Moncrief, Leila Moncrief, Thomas Carradine; ORDERED GRANTED. Signed by Judge Stephen N. Limbaugh on 5/5/04. (LAH, ) (Entered: 05/05/2004) 05/05/2004 Docket Text ORDER re 49 MOTION for Leave to Appear Pro Hac Vice Darren J. Check filed by Geoffrey Moncrief, Leila Moncrief, Thomas Carradine; ORDERED GRANTEDSigned by Judge Stephen N. Limbaugh on 5/5/04. (LAH, ) (Entered: 05/05/2004) 05/07/2004 I 50 DECLARATION filed by Movant united food & commercial union local 655 In Support Of 51 Memorandum Of Law In Opposition To The Cauley Geller Group's Response To The Court's April 22, 2004 Order. (Fosher, Richard) (Modified on 5/10/2004 to Add Link to Document - CMA) (Entered: 05/07/2004)

21 05/07/ MEMORANDUM Of Law In Opposition To 41 The Cauley Geller Group's Response To The Court's April 22, 2004 Order by Movant united food & commercial union local 655. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Fosher, Richard) (Modified on 5/10/2004 to Add Link to Document - CMA) (Entered: 05/07/2004) 05/10/ REPLY to Response to Motion re 44 MOTION to Appoint Lead Counsel and Lead Plaintiff names:william S. Lerach and Darren J. Robbins, 21 MOTION to Appoint Lead Counsel and Proposed Liaison Counsel names:don R. Lolli, Dysart Taylor Lay Cotter & McMonigle, P.C., Proposed Liaison Counsel; Andrew L. Barroway, Schiffrin & Barroway, LLP, Proposed Lead Counsel; Samuel H. Rudman, Caule MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE MOTION OF GEOFFREY& LEILA MONCRIEF AND THOMAS CARRADINE TO BE APPOINTED LEAD PLAINTIFF AND FOR APPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL AND LIASON COUNSEL, AND IN OPPOSITION TO COMPETING MOTIONS filed by Movants Thomas Carradine, Geoffrey Moncrief, Leila Moncrief. (Lolli, Don) (Entered: 05/10/2004) 05/17/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of GOLDSTEIN, JONAH H.. (CSW,) (Entered: 05/17/2004) 05/17/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of GLYNN, THOMAS E.. (CSW,) (Entered: 05/17/2004) 05/17/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of SCHRODER, STEPHANIE M.. (CSW,) (Entered: 05/17/2004) 05/17/ MOTION for Leave to Appear Pro Hac Vice Jonah H. Goldstein by Plaintiff Gary Dutton. (LAH, ) (Entered: 05/18/2004) 05/17/2004 I 54 MOTION for Leave to Appear Pro Hac Vice Thomas E. Glynn by Plaintiff Gary Dutton. (LAH, ) (Entered: 05/18/2004) 05/17/2004 I 55 MOTION for Leave to Appear Pro Hac Vice Stephanie M. Schroder by Plaintiff Gary Dutton. (LAH, ) (Entered: 05/18/2004) 05/19/2004 Docket Text ORDER re 53 MOTION for Leave to Appear Pro Hac Vice Jonah H. Goldstein filed by Gary Dutton, 54 MOTION for Leave to Appear Pro Hac Vice Thomas E. Glynn filed by Gary Dutton, 55 MOTION for Leave to Appear Pro Hac Vice Stephanie M. Schroder filed by Gary Dutton; ORDERED LEAVE GRANTED. Signed by Judge Stephen N. Limbaugh on 5/19/04. (ARL) (Entered: 05/19/2004) 05/19/ MEMORANDUM /Response to the Moncrief/Carradine Plaintiffs' Request for Reconsideration of the Court's April22, 2004 Order (In re: Docket #: 52) by Defendant D&K Healthcare Resources, Inc.. (Noel, Edwin) (Entered: 05/19/2004)

22 05/24/ NOTICE by Movant united food & commercial union local 655 Change of Firm Affiliation: (Abadou, Ramzi) (Entered: 05/24/2004) 10/05/ MEMORANDUM re documents 21, 44 See Memorandum for Details... Signed by Judge Stephen N. Limbaugh on 10/5/04. (ARL) (Entered: 10/05/2004) 10/05/2004 ORDER RECEIPT: (see receipt) Tue Oct 5 16:28:11 CDT 2004 (ARL, ) (Entered: 10/05/2004) 10/05/2004 I 59 ORDER - IT IS HEREBY ORDERED that movants Moncrief and Carradine's motion for appointment as Lead Plaintiff and for approval of Lead and Liaison Counsel be and is DENIED. IT IS FURTHER ORDERED that movants Moncrief and Carradine's request for the Court to reconsider its Order of 4/22/04 granting leave to Local 655 to file motion for appointment of lead plaintiff and for approval of lead counsel be and is DENIED. IT IS FINALLY ORDERED that movant Local 655's motion for appointment as Lead Plaintiff and for approval of Lead and Liaison Counsel be and is GRANTED. Local 655 is appointed Lead Plaintiff in this cause of action. William S. Lerach and Darren J. Robbins of the law firm of Lerach Coughlin Stoia & Robbins are appointed Lead Counsel in this cause of action. Re 44, 21. Signed by Judge Stephen N. Limbaugh on 10/5/04. (ARL) (Entered: 10/05/2004) 10/05/2004 ORDER RECEIPT: (see receipt) Tue Oct 5 16:39:49 CDT 2004 (ARL, ) (Entered: 10/05/2004) i 10/05/2004 I 60 ORDER - IT IS HEREBY ORDERED that Lead Counsel shall inform this Court, in writing via e- filing on or before 11/5/04 if they intend to stand by the original complaint filed in this cause of action. If Lead Counsel so informs the Court, defendants are granted 20 days from the date of said notice to file responsive pleadings. IT IS FINALLY ORDERED that Lead Counsel and Lead Plaintiff should decide it necessary to file an amended complaint, such amended complaint shall be filed on or before 11/5/04. Defendants are granted 20 days from the date of the filing of said amended complaint to file responsive pleadings. Signed by Judge Stephen N. Limbaugh on 10/5/04. (ARL) (Entered: 10/05/2004) 10/05/2004 ORDER RECEIPT: (see receipt) Tue Oct 5 16:54:40 CDT 2004 (ARL, ) (Entered: 10/05/2004) 10/15/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of BROWN, ANDREW J.. (CSW,) (Entered: 10/15/2004) 10/15/ Verified MOTION for Leave to Appear Pro Hac Vice For Attorney Andrew J. Brown by Plaintiff Gary Dutton (Receipt No: S ) (CMA) (Entered: 10/18/2004) 10/19/2004 Docket Text ORDER re 61 MOTION for Leave to Appear Pro Hac Vice Andrew J. Brown filed by Gary Dutton; ORDERED GRANTED Signed by Judge Stephen N. Limbaugh on 10/19/04. (LAH, ) (Entered: 10/19/2004)

23 10/27/ STIPULATION and Proposed Order Regarding Schedule for Filing Amended Complaint and Responsive Briefing by Defendant D&K Healthcare Resources, Inc., Pltf Gary Dutton, Deft J. Hord Armstrong, Deft Thomas S. Hilton, and Deft Martin D. Wilson (Attachments: # 1 Text of Proposed Order Order)(Davis, Glenn) (Modified on 10/28/2004 to Add Filers - CMA) (Entered: 10/27/2004) i 10/27/2004 I 63 NOTICE of Change of Firm Name for attorneys for plaintiffs from Lerach Coughlin Stoia & Robbins LLP to Lerach Coughlin Stoia Geller Rudman & Robbins LLP; (DJO) (Entered: 10/28/2004) 10/28/2004 I 64 ORDER; Plaintiff shall have until November 15, 2004 to file and serve an amended complaint; Defendants shall have until December 15, 2004 to file and serve an answer, motion or other response to the amended complaint; (see order for additional details); Signed by Judge Stephen N. Limbaugh on 10/28/2004;(DJO) (Entered: 10/29/2004) 10/29/2004 ORDER RECEIPT: (see receipt) Fri Oct 29 16:58:45 CDT 2004 (DJO, ) (Entered: 10/29/2004) 11/15/2004 I 65 AMENDED COMPLAINT (CONSOLIDATED) Class Action Complaint for Violation of the Federal Securities Laws against all defendants; Jury Demand, filed by Gary Dutton.(Hodges, Helen) (Entered: 11/15/2004) i 11/17/2004 I 66 MEMORANDUM Lead Plaintiff's Request and Memorandum in Support of Request for Order Directing Issuance of Summonses by Movant united food & commercial union local 655. (Robbins, Darren) (Entered: 11/17/2004) 11/17/ MEMORANDUM re 66 Memorandum [Proposed] Order Directing Issuance of Summonses by Movant united food & commercial union local 655. (Robbins, Darren) (Entered: 11/17/2004) 11/18/2004 Summons Issued as to defendant Bristol-Myers Squibb Company, Richard Plotnick. (ARL) (Entered: 11/18/2004) 11/18/2004 I 68 ORDER DIRECTING ISSUANCE OF SUMMONSES re 66 Memorandum filed by United Food and Commerical Workers Union, Local 655. Signed by Judge Stephen N. Limbaugh on 11/18/04. (ARL) (Entered: 11/18/2004) 11/18/2004 ORDER RECEIPT: (see receipt) Thu Nov 1815:10:58 CST 2004 (ARL, ) (Entered: 11/18/2004) 11/18/ AMENDED COMPLAINT (CONSOLIDATED) [CORRECTED] against defendant(s)all defendants (CONSOLIDATED) [CORRECTED], filed by United Food and Commerical Workers Union, Local 655. Related document: 65 Amended Complaint filed by Gary Dutton.(Hodges, Helen) (Entered: 11/18/2004)

24 12/14/ Consent MOTION to Set Aside Order/Judgment Court's October 28, 2004 Order and Briefing Schedule by Defendants J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Martin D. Wilson. (Attachments: # 1 Text of Proposed Order Order)(Noel, Edwin) (Entered: 12/14/2004) 12/15/ ORDER - In light of the joinder of defendants Richard Plotnick and Bristol-Myers Squibb Co., the stipulated briefing schedule set forth in the Court's October 28, 2004 Order is hereby set aside. The parties are ordered to submit a supplemental joint briefing schedule on or before December 30, Signed by Judge Stephen N. Limbaugh on 12/15/04. (LAH, ) (Entered: 12/15/2004) 12/15/2004 ORDER RECEIPT: (see receipt) Wed Dec 1510:06:43 CST 2004 (LAH, ) (Entered: 12/15/2004) 12/20/2004 I 72 ENTRY of Appearance by Kevin M. Smith Defendant Bristol-Myers Squibb Company. (Smith, Kevin) (Entered: 12/20/2004) 12/20/2004 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of SHOOK, HARDY AND BACON. (CSW,) (Entered: 12/22/2004) 12/20/ MOTION for Leave to Appear Pro Hac Vice Joseph M. Rebein by Defendant Bristol-Myers Squibb Company; receipt #S ; (DJO) (Entered: 12/23/2004) 12/21/2004 I 73 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Bristol-Myers Squibb Company Subsidiaries: See pleading,. (Smith, Kevin) (Entered: 12/21/2004) 12/22/2004 I 74 ENTRY of Appearance by Jacqueline Ulin Levey Defendant Richard Plotnick. (Levey, Jacqueline) (Entered: 12/22/2004) 12/22/2004 I 75 ENTRY of Appearance by Glenn E. Davis Defendant Richard Plotnick. (Davis, Glenn) (Entered: 12/22/2004) 12/22/ ENTRY of Appearance by Edwin L. Noel Defendant Richard Plotnick. (Noel, Edwin) (Entered: 12/22/2004) 12/22/2004 I 77 STIPULATION Supplemental Joint Stipulation Regarding Briefing Schedule by Defendants J. Hord Armstrong III, Bristol-Myers Squibb Company, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson, Movant United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Text of Proposed Order Order)(Noel, Edwin) (Entered: 12/22/2004) 12/23/2004 I 79 ORDER: The Court ORDERS that the Defts shall file and serve their answers and/or motions in response to the Amended Complaint no later than 1/28/05; If any of the Defts shall file and

25 serve a motion to dismiss or other motion directed to the Amended Complaint, Pltfs' response in opposition shall be filed and served no later than 3/4/05; The moving Defts' reply briefs shall be filed and served no later than 3/25/05; re 77 Supplemental Joint Stipulation; Signed by Judge Stephen N. Limbaugh on 12/23/04(CMA) (Entered: 12/27/2004) 12/27/2004 ORDER RECEIPT: (see receipt) Mon Dec 2713:05:44 CST 2004 (CMA, ) (Entered: 12/27/2004) 12/28/2004 Docket Text ORDER re 78 MOTION for Leave to Appear Pro Hac Vice Joseph M. Rebein filed by Bristol-Myers Squibb Company; ORDERED LEAVE GRANTED. Signed by Judge Stephen N. Limbaugh on 12/28/04. (ARL) (Entered: 12/28/2004) 01/25/2005 Receipt # S in the amount of $ for ATTORNEY ADM. FEE - PHV- ELIZABETH L. GRAYER, ATTORNEY ADM. FEE - PHV- EVAN R. CHESLER, ATTORNEY ADM. FEE - PHV- JEFFREY B. KORN, ATTORNEY ADM. FEE - PHV- JESSICA R. BUTURLA on behalf of SHOOK, HARDY AND BACON. (CSW,) (Entered: 01/25/2005) 01/25/2005 I 80 MOTION for Leave to Appear Pro Hac Vice Jeffrey B. Korn by Defendant Bristol-Myers Squibb Company; receipt #S ; (DJO) (Entered: 01/26/2005) 01/25/ MOTION for Leave to Appear Pro Hac Vice Evan R. Chesler by Defendant Bristol-Myers Squibb Company; receipt #S ; (DJO) (Entered: 01/26/2005) 01/26/2005 I 82 MOTION for Leave to Appear Pro Hac Vice Elizabeth L. Grayer by Defendant Bristol-Myers Squibb Company; receipt #S ; (DJO) (Entered: 01/26/2005) 01/26/2005 I 83 MOTION for Leave to Appear Pro Hac Vice Jessica R. Buturla by Defendant Bristol-Myers Squibb Company; receipt #S ; (DJO) (Entered: 01/26/2005) 01/27/2005 I 84 MOTION for Extension of Time to File Answer Defendants' Motion for Extension of Time to File Their Joint Motion to Dismiss Plaintiff's Amended Complaint by Defendants J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Davis, Glenn) (Entered: 01/27/2005) i 01/27/2005 I 85 MOTION for Leave to File in Excess of Page Limitation Defendants' Motion to Exceed Page Limit by Defendants J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Davis, Glenn) (Entered: 01/27/2005) 01/28/2005 Docket Text ORDER re 84 MOTION for Extension of Time to File Their Joint Motion to Dismiss Plaintiff's Amended Complaint filed by D&K Healthcare Resources, Inc., J. Hord Armstrong, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick; EXTENSION TO 2/4/05 GRANTED. Signed

26 by Judge Stephen N. Limbaugh on 1/28/05. (ARL) (Entered: 01/28/2005) 01/28/2005 Docket Text ORDER re 85 MOTION for Leave to File in Excess of Page Limitation filed by D&K Healthcare Resources, Inc., J. Hord Armstrong, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick; REQUEST GRANTED. Signed by Judge Stephen N. Limbaugh on 1/28/05. (ARL) (Entered: 01/28/2005) 01/28/2005 Docket Text ORDER re 82 MOTION for Leave to Appear Pro Hac Vice Elizabeth L. Grayer filed by Bristol-Myers Squibb Company, 83 MOTION for Leave to Appear Pro Hac Vice Jessica R. Buturla filed by Bristol-Myers Squibb Company, 80 MOTION for Leave to Appear Pro Hac Vice Jeffrey B. Korn filed by Bristol-Myers Squibb Company, 81 MOTION for Leave to Appear Pro Hac Vice Evan R. Chesler filed by Bristol-Myers Squibb Company; SO ORDERED, Attorney Jeffrey B. Korn for Bristol-Myers Squibb Company, Evan R. Chesler for Bristol-Myers Squibb Company, Elizabeth L. Grayer for Bristol-Myers Squibb Company, Jessica R. Buturla for Bristol- Myers Squibb Company added.. Signed by Judge Stephen N. Limbaugh on 1/28/05. (ARL, ) (Entered: 01/28/2005) 01/28/2005 ORDER RECEIPT: (see receipt) Fri Jan 2815:36:06 CST 2005 (ARL, ) (Entered: 01/28/2005) 01/28/2005 ***REMARK - Please note all attorneys MUST register to file electronically. If you have not done so, please do so immediately. (ARL) (Entered: 01/28/2005) i 01/28/2005 I 87 MOTION to Dismiss Case by Defendant Bristol-Myers Squibb Company. (Smith, Kevin) (Entered: 01/28/2005) 01/28/ MEMORANDUM in Support of Motion re 87 MOTION to Dismiss Case filed by Defendant Bristol-Myers Squibb Company. (Smith, Kevin) (Entered: 01/28/2005) 01/28/2005 ***REMARK - Due to docketing error document 86 does not exist. (ARL) (Entered: 01/31/2005) 02/04/2005 I 89 STIPULATION Second Supplemental Joint Stipulation Regarding Briefing Schedule by Defendants J. Hord Armstrong III, Bristol-Myers Squibb Company, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson, Movant United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Text of Proposed Order Proposed Order)(Noel, Edwin) (Entered: 02/04/2005) 02/04/ MOTION to Dismiss Case D & K Healthcare Resources, Inc. and the Individual Defendants' Motion to Dismiss the [Corrected] Consolidated Class Action Complaint by Defendants J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson. (Noel, Edwin) (Entered: 02/04/2005)

27 02/04/ MEMORANDUM in Support of Motion re 90 MOTION to Dismiss Case D & KHealthcare Resources, Inc. and the Individual Defendants' Motion to Dismiss the [Corrected] Consolidated Class Action Complaint filed by Defendants J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson. (Attachments: # 1 Supplement Addendum Summary of D & K's Risk Disclosures During Alleged Class Period# 2 Exhibit A - Disclosure Langage in D & K's Exhibits# 3 Exhibit B - D & K FY 1997 Form 10-K# 4 Exhibit C - D & K FY 1998 Form 10-K# 5 Exhibit D - D & K FY 1999 Form 10-K# 6 Exhibit E - D & K August 10, 2000 Press Release# 7 Exhibit F - Powerpoint Presentation for Bear Stearns Conference, September 13, 2000# 8 Exhibit D & K FY 2000 Form 10-K# 9 Exhibit H - D & K October 24, 2000 Press Release# 10 Exhibit I - D & K January 25, 2001 Press Release# 11 Exhibit J - D & K FY Q Form 10-Q# 12 Errata K - D&K FY 20012Q Form 10-Q# 13 Exhibit L - D & K April 23, 2001 Press Release# 14 Exhibit M - D & K FY Q Form 10-Q# 15 Exhibit N-1 D & K June 29, 2001 Prospectus# 16 Exhibit N-2 D & K June 29, 2001 Prospectus# 17 Exhibit O - D & K August 9, 2001 Press Release# 18 Exhibit P - D & K FY 2001 Form 10-K# 19 Exhibit Q - D & K October 23, 2001 Press Release# 20 Exhibit R - D & K FY 2001 Annual Report# 21 Exhibit S - D & K FY Q Form 10-Q# 22 Exhibit T - D ^& K January 23, 2002 Press Release# 23 Exhibit U - D & K FY Q Form 10-Q# 24 Exhibit V - D & K April 24, 2002 Press Release# 25 Exhibit W - d & K FY Q Form 10-Q# 26 Exhibit X - D & K August 14, 2002 Press Release# 27 Exhibit Y - D & K August 14, 2002 Conference Call Transcript# 28 Exhibit Z - D & K September 16, 2002 Press Release# 29 Exhibit AA-1- D & K FY 2002 Form 10-K# 30 Exhibit AA-2 D & K FY 2002 Form 10-K# 31 Exhibit BB - D & K Schedule 14A, October 4, 2000# 32 Exhibit CC - D &K Schedule 14A, October 9, 2001# 33 Exhibit DD - D & K Schedule 14A, October 11, 2002# 34 Exhibit EE-1- Bristol 2001 Form 10-K# 35 Exhibit EE-2 - Bristol 2001 Form 10-K# 36 Exhibit FF - Bristol April 25, 2002 Conference Call Transcript# 37 Exhibit GG - SEC Opens Bristol-Myers Probe, Financial Times, July 11, 2002# 38 Exhibit HH - Bristol Form 8-K# 39 Exhibit II -1- Bristol 2001 Form 10-K/A# 40 Exhibit II-2 - Bristol 2001 Form 10-K/A# 41 Exhibit II-3 - Bristol 2001 Form 10-K/A)(Noel, Edwin) (Entered: 02/04/2005) 02/04/ MOTION to Dismiss Case Defendant Richard Plotnick's Separate Motion to Dismiss The [Corrected] Consolidated Class Action Complaint by Defendants J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson. (Noel, Edwin) (Entered: 02/04/2005) 02/04/2005 I 93 MEMORANDUM in Support of Motion re 92 MOTION to Dismiss Case Defendant Richard Plotnick's Separate Motion to Dismiss The [Corrected] Consolidated Class Action Complaint filed by Defendants J. Hord Armstrong III, D&K Healthcare Resources, Inc., Thomas S. Hilton, Richard Plotnick, Martin D. Wilson. (Noel, Edwin) (Entered: 02/04/2005) 02/07/2005 I 94 ORDER - The Court having considered the parties' Second Supplemental Joint Stipulation Regarding Briefing Schedule, hereby Orders as follows: See Order for Details... Signed by Judge Stephen N. Limbaugh on 2/7/05. (ARL) (Entered: 02/07/2005) 02/22/ MOTION to Lift Stay Lead Plaintiff's Notice of Motion and Motion to Partially Lift Discovery I

28 Stay by Plaintiff Gary Dutton. (Brown, Andrew) (Entered: 02/22/2005) 02/22/ MEMORANDUM in Support of Motion re 95 MOTION to Lift Stay Lead Plaintiff's Notice of Motion and Motion to Partially Lift Discovery Stay filed by Plaintiff Gary Dutton. (Brown, Andrew) (Entered: 02/22/2005) 02/22/2005 I 97 NOTICE by Plaintiff Gary Dutton re 95 MOTION to Lift Stay Lead Plaintiff's Notice of Motion and Motion to Partially Lift Discovery Stay, 96 Memorandum in Support of Motion Proposed Order Granting Lead Plaintiff's Motion to Partially Lift Discovery Stay: (Brown, Andrew) (Entered: 02/22/2005) 03/04/2005 I 98 MEMORANDUM in Opposition re 95 MOTION to Lift Stay Lead Plaintiff's Notice of Motion and Motion to Partially Lift Discovery Stay filed by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 03/04/2005) 03/04/2005 I 99 MEMORANDUM in Opposition re 95 MOTION to Lift Stay Lead Plaintiff's Notice of Motion and Motion to Partially Lift Discovery Stay filed by Defendant Bristol-Myers Squibb Company. (Attachments: # 1 Exhibit Memorandum and Order -- In re HealthSouth)(Smith, Kevin) (Entered: 03/04/2005) i 03/04/ NOTICE by Defendant Bristol-Myers Squibb Company re 99 Memorandum in Opposition to Motion,, 95 MOTION to Lift Stay Lead Plaintiff's Notice of Motion and Motion to Partially Lift Discovery Stay Request for Oral Argument on Lead Plaintiff's Motion to Partially Lift Discovery Stay: (Smith, Kevin) (Entered: 03/04/2005) 03/14/ REPLY to Response to Motion re 95 MOTION to Lift Stay Lead Plaintiff's Notice of Motion and Motion to Partially Lift Discovery Stay filed by Plaintiff Gary Dutton. (Brown, Andrew) (Entered: 03/14/2005) 03/16/ MOTION for Leave to File in Excess of Page Limitation by Plaintiff Gary Dutton (Brown, Andrew) (Attachment #1- Proposed Order) (Additional attachment added on 3/17/ CMA) (Entered: 03/16/2005) 03/16/ PROPOSED ORDER Regarding 102 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Gary Dutton (Brown, Andrew) (Modified on 3/17/2005 to Edit Docket Text and Term as a Motion - CMA) (Entered: 03/16/2005) 03/17/ ORDER: Upon the Motion to Exceed Page Limit in their Consolidated Memorandum in Opposition to Defts' Motion to Dismiss Pltf's Amended Complaint filed by Lead Pltf and for good cause shown, IT IS HEREBY ORDERED that Lead Pltf's Motion is GRANTED allowing Lead Pltf to file a brief not to exceed 60 pages in length; Signed by Judge Stephen N. Limbaugh on

29 3/17/05(CMA) (Entered: 03/17/2005) 03/17/2005 ORDER RECEIPT: (see receipt) Thu Mar 17 15:08:17 CST 2005 (CMA, ) (Entered: 03/17/2005) 03/21/ MEMORANDUM in Opposition re 90 MOTION to Dismiss Case D & KHealthcare Resources, Inc. and the Individual Defendants' Motion to Dismiss the [Corrected] Consolidated Class Action Complaint, 92 MOTION to Dismiss Case Defendant Richard Plotnick's Separate Motion to Dismiss The [Corrected] Consolidated Class Action Complaint filed by Movant United Food and Commerical Workers Union, Local 655. (Attachments: # 1)(Brown, Andrew) (Entered: 03/21/2005) 03/21/ MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support thereof by Movant United Food and Commerical Workers Union, Local 655. (Brown, Andrew) (Entered: 03/21/2005) 03/21/ DECLARATION filed by Movant United Food and Commerical Workers Union, Local 655 re 106 MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support thereof. (Brown, Andrew) (Entered: 03/21/2005) i 03/21/ NOTICE by Movant United Food and Commerical Workers Union, Local 655 re 106 MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support thereof Proposed Order Granting Lead Plaintiffs' Motion to Convert Defendants' Motion to Dismiss into a Motion for Summary Judgment: (Brown, Andrew) (Entered: 03/21/2005) 03/21/ NOTICE by Movant United Food and Commerical Workers Union, Local 655 re 106 MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support thereof Proposed Order Granting Lead Plaintiffs' Motion to Strike Defendants' Exhibits and All References Thereto: (Brown, Andrew) (Entered: 03/21/2005) 03/23/ ORDER - IT IS HEREBY ORDERED that the request of defendant Bristol-Meyers for oral argument on plaintiff's motion to partially life the discovery stay re 100, filed 3/4/05 be and is DENIED. As the Court examines the pleadings on plaintiff's motion should it then appear argument would be helpful, counsel will be contacted for a date; otherwise, the Court will rule on the pleadings before it. Signed by Judge Stephen N. Limbaugh on 3/23/05. (ARL) (Entered: 03/23/2005) 03/28/ Joint MOTION for Extension of Time to File Response/Reply as to 106 MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support thereof by

30 ^ Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick, Bristol-Myers Squibb Company. (Levey, Jacqueline) (Entered: 03/28/2005) 03/29/2005 I Docket Text ORDER re 111 Joint MOTION for Extension of Time to File Response/Reply as to 106 MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support filed by Bristol-Myers Squibb Company,, D&K Healthcare Resources, Inc.,, J. Hord Armstrong, III, Martin D. Wilson,, Thomas S. Hilton,, Richard Plotnick,; ORDERED GRANTED; Extension to 04/11/2005; Signed by Judge Stephen N. Limbaugh on 03/29/2005;(DJO) (Entered: 03/29/2005) 03/29/2005 ORDER RECEIPT: (see receipt) Tue Mar 2916:32:07 CST 2005 (DJO, ) (Entered: 03/29/2005) 03/29/2005 Receipt # S in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of WYMAN, DEBRA. (CSW,) (Entered: 03/29/2005) 03/29/ MOTION for Leave to Appear Pro Hac Vice (For Attorney Debra Wyman) by Plaintiff Gary Dutton (Receipt No: S ) (CMA) (Entered: 03/30/2005) 03/31/2005 Docket Text ORDER re 112 MOTION for Leave to Appear Pro Hac Vice Debra Wyman filed by Gary Dutton,; ORDERED GRANTED; Signed by Judge Stephen N. Limbaugh on 03/31/2005;(DJO) (Entered: 03/31/2005) 03/31/2005 ORDER RECEIPT: (see receipt) Thu Mar 3115:23:03 CST 2005 (DJO, ) (Entered: 03/31/2005) 04/11/ REPLY to Response to Motion re 87 MOTION to Dismiss Case filed by Defendant Bristol-Myers Squibb Company. (Smith, Kevin) (Entered: 04/11/2005) 04/11/ REPLY to Response to Motion re 90 MOTION to Dismiss Case D & K Healthcare Resources, Inc. and the Individual Defendants' Motion to Dismiss the [Corrected] Consolidated Class Action Complaint filed by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Attachments: # 1 Exhibit JJ - July PR Newswire# 2 Exhibit KK - August 29, 2002 PR Newswire# 3 Exhibit LL - Oct. 24, 2002 PR Newswire)(Noel, Edwin) (Entered: 04/11/2005) i 04/11/ MOTION for Hearing re 90 MOTION to Dismiss Case D & K Healthcare Resources, Inc. and the Individual Defendants' Motion to Dismiss the [Corrected] Consolidated Class Action Complaint Request for Oral Argument by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 04/11/2005) 04/11/ REPLY to Response to Motion re 92 MOTION to Dismiss Case Defendant Richard Plotnick's I I

31 Separate Motion to Dismiss The [Corrected] Consolidated Class Action Complaint filed by Defendant Richard Plotnick. (Noel, Edwin) (Entered: 04/11/2005) 04/11/ MEMORANDUM in Opposition re 106 MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support thereof filed by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 04/11/2005) 04/13/ Letter to Counsel from Judge Stephen N. Limbaugh Regarding Request For Oral Argument on Motions to Dismiss; I am in a two week criminal trial beginning 4/18/05; In addition, I am on assignment to sit with the Eleventh Circuit the week of 5/2/05; I would have available 5/12/05 or 5/13/05 at 9:00 a.m. or 4:00 p.m.; Could counsel confer and let me know which of these dates and times are preferable (CMA) (Entered: 04/13/2005) 04/13/2005 ORDER RECEIPT: (see receipt) Wed Apr 1315:13:37 CDT 2005 (CMA) (Note: Document No. 118 Mailed to Shpetim Ademi, Guri Ademi, Andrew L. Barroway, Stuart L. Berman, Darren J. Check, Marc A. Topaz, Debra J. Wyman) (Modified on 4/13/ CMA) (Entered: 04/13/2005) 04/18/ REPLY to Response to Motion re 106 MOTION to Strike Defendants' Exhibits or, in the Alternative, To Convert Motion to Dismiss into a Motion for Summary Judgment; Memorandum of Points and Authorities in Support thereof filed by Plaintiff Gary Dutton. (Brown, Andrew) (Entered: 04/18/2005) 04/18/ NOTICE by Plaintiff Gary Dutton re 119 Reply to Response to Motion, [REVISED] [PROPOSED] [ALTERNATIVE] ORDER GRANTING LEAD PLAINTIFFS' MOTION TO STRIKE DEFENDANTS' EXHIBITS AND ALL REFERENCES THERETO: (Brown, Andrew) (Entered: 04/18/2005) 04/19/ ORDER - IT IS HEREBY ORDERED that all parties in this case shall participate in oral argument on motions to dismiss on May 20, 2005 at 9:00 a.m. in Courtroom 3. Signed by Judge Stephen N. Limbaugh on 4/19/05. (LAH, ) (Entered: 04/19/2005) 04/19/2005 ORDER RECEIPT: (see receipt) Tue Apr 19 11:14:20 CDT 2005 (LAH, ) (Entered: 04/19/2005) 05/13/ MOTION to Amend/Correct LEAD PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND THE COMPLAINT by Plaintiff Gary Dutton. (Brown, Andrew) (Entered: 05/13/2005) 05/13/ MEMORANDUM in Support of Motion re 122 MOTION to Amend/Correct LEAD PLAINTIFF'S NOTICE OF MOTIONAND MOTION FOR LEAVE TO AMEND THE COMPLAINT filed by Plaintiff Gary Dutton. (Attachments: # 1 Exhibit A to the Motion# 2 Exhibit 1 to the Complaint# 3 Exhibit 2 to the Complaint# 4 Exhibit 3 to the Complaint# 5 Text of Proposed Order)(Brown,

32 I Andrew) (Entered: 05/13/2005) 05/19/ MEMORANDUM in Opposition re 122 MOTION to Amend/Correct LEAD PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND THE COMPLAINT (Amended) filed by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 05/19/2005) 05/20/ Minute Entry for proceedings held before Judge Stephen N. Limbaugh : Parties present for Motion Hearing held on 5/20/2005; Motion for hearing 115 is GRANTED; arguments heard re 90 MOTION to Dismiss Case and re 92 MOTION to Dismiss Case; motions taken under submission; (Court Reporter: Shannon White.) (proceedings started: 9:15 a.m.) (proceedings ended: 11:05 a.m.) (DJO) (Entered: 05/23/2005) 05/23/ MEMORANDUM in Opposition re 122 MOTION to Amend/Correct LEAD PLAINTIFF?S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND THE COMPLAINT filed by Defendant Bristol - Myers Squibb Company. (Smith, Kevin) (Entered: 05/23/2005) 05/31/ REPLY to Response to Motion re 122 MOTION to Amend/Correct LEAD PLAINTIFF?S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND THE COMPLAINT filed by Plaintiff United Food and Commerical Workers Union, Local 655. (Brown, Andrew) (Entered: 05/31/2005) i 06/02/ ORIGINAL TRANSCRIPT (Pilot) procedings of Oral Argument held on 5/20/05 before Judge Stephen N. Limbaugh. Court Reporter: S. White. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at (KCM, ) (Entered: 06/02/2005) 06/28/ NOTICE by Plaintiff United Food and Commerical Workers Union, Local 655 re 105 Memorandum in Opposition to Motion, LEAD PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Brown, Andrew) (Entered: 06/28/2005) 07/11/ MOTION to Strike 129 Notice (Other) (Lead Plaintiff's Request forjudicial Notice) by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 07/11/2005) 07/11/ MEMORANDUM in Support of Motion re 130 MOTION to Strike 129 Notice (Other) (Lead Plaintiff's Request forjudicial Notice) filed by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 07/11/2005) 07/11/ MEMORANDUM re 129 Notice (Other) Opposition to Lead Plaintiff's Request for Judicial I ^

33 Notice by Defendant Bristol-Myers Squibb Company. (Smith, Kevin) (Entered: 07/11/2005) 07/21/ RESPONSE in Opposition re 130 MOTION to Strike 129 Notice (Other) (Lead Plaintiff's Request for Judicial Notice) and Bristol Meyers Squibb Company's Opposition to Lead Plaintiff's Request forjudicial Notice filed by Plaintiff United Food and Commerical Workers Union, Local 655. (Brown, Andrew) (Entered: 07/21/2005) 08/02/ REPLY to Response to Motion re 130 MOTION to Strike 129 Notice (Other) (Lead Plaintiff's Request forjudicial Notice) filed by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 08/02/2005) 08/04/ NOTICE by Plaintiff United Food and Commerical Workers Union, Local 655 re 105 Memorandum in Opposition to Motion, Notice of RecentAuthority (Brown, Andrew) (Entered: 08/04/2005) 08/12/ MEMORANDUM Response to Lead Plaintiffs Notice of RecentAuthority by Defendant Bristol- Myers Squibb Company. (Smith, Kevin) (Entered: 08/12/2005) 08/12/ MEMORANDUM re 135 Notice (Other) of RecentAuthority by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick. (Noel, Edwin) (Entered: 08/12/2005) 08/16/ ORDER - This matter is before the Court sua sponte. The Court advises all parties and their respective counsel that briefing in connection with the pending motions, as argued before this Court, is complete. No further filings of "supplemental memorandums" or "notices of supplemental authority" or "notices of recent decisions", etc., will be considered by the Court. The Court is already familiar with the cases cited by counsel and has no need of "updates". The Court will review all caselaw it deems relevant to the issues presently before the Court and will apply same as it seems fit. Signed by Judge Stephen N. Limbaugh on 8/16/05. (LAH, ) (Entered: 08/16/2005) 09/19/ NOTICE of Change of Address by Law Firm of Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP (cc: OSU) (ARL) (Entered: 09/20/2005) 04/13/ MOTION for Leave to File Notice of Recent Authority by Defendant Bristol-Myers Squibb Company. (Smith, Kevin) (Entered: 04/13/2006) 04/17/2006 Docket Text ORDER re 140 MOTION for Leave to File Notice of Recent Authority by Defendant Bristol-Myers Squibb Company. (Smith, Kevin) filed by Bristol-Myers Squibb Company,; ORDERED LEAVE GRANTED. Signed by Judge Stephen N. Limbaugh on 4/17/06. (ARL) (Entered: 04/17/2006)

34 04/17/ NOTICE by Defendant Bristol-Myers Squibb Company of Recent Authority: (Attachments: # 1 Exhibit 8th Circuit Opinion :: In re Charter Communications Securities Litigation)(Smith, Kevin) (Entered: 04/17/2006) 06/23/ ORDER; IT IS HEREBY ORDERED that the Lead Plaintiff's motion for leave to file second amended complaint 122 be and is GRANTED; This lawsuit will proceed on the basis of the second amended complaint 123 ; Signed by Judge Stephen N. Limbaugh on 06/23/2006 (DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2311:36:20 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ SECOND AMENDED COMPLAINT against all defendants; Jury Demand; filed by Lead Plaintiff; (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(DJO) (Entered: 06/23/2006) 06/23/ MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that Lead Plaintiff's motion to strike defendants' exhibits, or in the alternative, to convert motion to dismiss into motion for summary judgment 106 be and is DENIED; Signed by Judge Stephen N. Limbaugh on 06/23/2006; (DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:19:17 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the Lead Plaintiff's Request for Judicial Notice 129 be and is GRANTED only so far that the Court will take judicial notice of these documents for the sole purpose of determining what statements are contained therein, but will not consider said documents for the truth of any matter asserted with regard to any statements/allegations contained within these documents; IT IS FINALLY ORDERED that the defendants' motion to strike Lead Plaintiff's request for judicial notice 130 be and is DENIED; Signed by Judge Stephen N. Limbaugh on 06/23/2006; (DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:25:44 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ ORDER; IT IS HEREBY ORDERED that Lead Plaintiff's motion to partially lift discovery stay 95 be and is DENIED; Signed by Judge Stephen N. Limbaugh on 06/23/2006; (DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:28:25 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ MEMORANDUM; re 87 MOTION to Dismiss Case filed by Bristol-Myers Squibb Company;... Based upon the holdings in both Central Bank, supra. and Charter Communications, supra., this Court finds that the Lead Plaintiff has failed to make any allegations of primary liability with respect to defendant BMS, that the Second Amended Complaint alleges only aiding and abetting and thus, the claim(s) as contained in Count I of the Second Amended Complaint

35 must be dismissed; (See order for further details); Signed by Judge Stephen N. Limbaugh on 06/23/2006;(DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:37:20 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ ORDER; IT IS HEREBY ORDERED that defendant Bristol-Myers Squibb's (BMS) motion to dismiss 87 be and is GRANTED; All claims, as contained in Count I of the Second Amended Complaint, shall be DISMISSED in their entirety as to defendant BMS; Signed by Judge Stephen N. Limbaugh on 06/23/2006; (DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:40:29 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ MEMORANDUM; re: MOTION to Dismiss Case as to Defendant Richard Plotnick;... The allegations contained in the Second Amended Complaint are insufficient to establish controlling person liability upon defendant Plotnick pursuant to Section 20(a) of the Exchange Act; Thus, Count II, as directed against defendant Plotnick, will be dismissed; Signed by Judge Stephen N. Limbaugh on 06/23/2006;(DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:49:51 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ ORDER; IT IS HEREBY ORDERED that defendant Plotnick's motion to dismiss be and is GRANTED; Counts I and II of the Second Amended Complaint are hereby DISMISSED in their entirety as against defendant Plotnick; Signed by Judge Stephen N. Limbaugh on 06/23/2006; (DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:52:49 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ MEMORANDUM; re MOTION to Dismiss by defendant D & K Healthcare Resources, Inc. and the Individual Defendants';... The Lead Plaintiff has satisfied the Reform Act standard and the defendants' motion to dismiss will be denied; (See order for further details); Signed by Judge Stephen N. Limbaugh on 06/23/2006;(DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2312:58:31 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/23/ ORDER; IT IS HEREBY ORDERED that D&K Healthcare Resources and the Individual Defendants' motion to dismiss 90 91, filed February 4, 2005, be and is DENIED; Signed by Judge Stephen N. Limbaugh on 06/23/2006; (DJO) (Entered: 06/23/2006) 06/23/2006 ORDER RECEIPT: (see receipt) Fri Jun 2313:01:12 CDT 2006 (DJO, ) (Entered: 06/23/2006) 06/27/ RULE 16 ORDER This case is assigned to Track: 2 (standard); Joint Scheduling Plan due by 7/20/2006. Rule 16 Conference set for 7/27/200611:00 AM In Chambers before Honorable

36 Stephen N. Limbaugh; Signed by Judge Stephen N. Limbaugh on 06/27/2006;(DJO) (Entered: 06/27/2006) 06/27/2006 ORDER RECEIPT: (see receipt) Tue Jun 2716:17:14 CDT 2006 (DJO, ) (Entered: 06/27/2006) 07/06/ Unopposed MOTION for Extension of Time to File Their Joint Answer to Pltf's Second Amended Complaint by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton (Attachments: # 1 Proposed Order)(Noel, Edwin) (Modified on 7/7/2006 to Edit Docket Text - CMA) (Entered: 07/06/2006) 07/07/2006 Docket Text ORDER re 154 Unopposed MOTION for Extension of Time to File Their Joint Answer to Pltf's Second Amended Complaint Up to and Including 7/20/06 by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton; ORDERED Granted - Extension to 7/20/06 Granted - SNL; Signed by Judge Stephen N. Limbaugh on 7/7/06 (CMA) (Entered: 07/07/2006) 07/07/2006 ORDER RECEIPT: (see receipt) Fri Jul 713:00:22 CDT 2006 (CMA, ) (Entered: 07/07/2006) 07/10/ MOTION for Leave to Appear Pro Hac Vice Greer Spatz by Plaintiff United Food and Commerical Workers Union, Local 655. (LAH, ) (Entered: 07/12/2006) 07/11/2006 Receipt # S in the amount of $ for ATTORNEY ADM. FEE - PHV on behalf of SPATZ, GREER. (CSW,) (Entered: 07/12/2006) 07/13/2006 Docket Text ORDER re 155 MOTION for Leave to Appear Pro Hac Vice Greer Spatz by Plaintiff United Food and Commerical Workers Union, Local 655. (LAH, ) filed by United Food and Commerical Workers Union, Local 655,; ORDERED LEAVE GRANTED. Signed by Judge Stephen N. Limbaugh on 7/13/06. (ARL) (Entered: 07/13/2006) 07/13/2006 ORDER RECEIPT: (see receipt) Thu Jul 13 10:51:40 CDT 2006 (ARL, ) (Entered: 07/13/2006) 07/20/ JOINT SCHEDULING PLAN by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton. (and Lead Plaintiffs). (Noel, Edwin) (Entered: 07/20/2006) 07/20/ Defendants'Joint ANSWER to Amended Complaint by D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton.(Noel, Edwin) (Entered: 07/20/2006) 08/07/2006 Receipt # S in the amount of $ for ATTORNEY ADM. FEE - PHV-CUPCAKE L. BROWN, ATTORNEY ADM. FEE - PHV-DAVID M. BALABANIAN, ATTORNEY ADM. FEE - PHV- MARY T. HUSER on behalf of BINGHAM MCCUTCHEN. (CSW,) (Entered: 08/07/2006)

37 08/07/ MOTION for Leave to Appear Pro Hac Vice David M. Balabanian by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton; (receipt #S ); (DJO) (Entered: 08/08/2006) 08/07/ MOTION for Leave to Appear Pro Hac Vice Mary T. Huser by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton; (receipt #S ); (DJO) (Entered: 08/08/2006) 08/07/ MOTION for Leave to Appear Pro Hac Vice Cupcake L. Brown by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton; (receipt #S ); (DJO) (Entered: 08/08/2006) 08/09/2006 Docket Text ORDER re 159 MOTION for Leave to Appear Pro Hac Vice Mary T. Huser by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton; (receipt #S ); (DJO) filed by D&K Healthcare Resources, Inc.,, J. Hord Armstrong, III, Martin D. Wilson,, Thomas S. Hilton,, 158 MOTION for Leave to Appear Pro Hac Vice David M. Balabanian by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton; (receipt #S ); (DJO) filed by D&K Healthcare Resources, Inc.,, J. Hord Armstrong, III, Martin D. Wilson,, Thomas S. Hilton,, 160 MOTION for Leave to Appear Pro Hac Vice Cupcake L. Brown by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton; (receipt #S ); (DJO) filed by D&K Healthcare Resources, Inc.,, J. Hord Armstrong, III, Martin D. Wilson,, Thomas S. Hilton,; ORDERED LEAVE GRANTED. Signed by Judge Stephen N. Limbaugh on 8/9/06. (ARL) (Entered: 08/09/2006) 08/09/2006 ORDER RECEIPT: (see receipt) Wed Aug 9 10:38:15 CDT 2006 (ARL, ) (Entered: 08/09/2006) 08/09/ ORDER IT IS HEREBY ORDERED that all counsel of record in this cause of action, local and outof-state, shall be registered with this Court for the electronic filing of all pleadings. Any and all further pleadings shall be electronically filed; otherwise, said pleadings will not be accepted for filing. All counsel shall acquaint themselves with the Local Rules for the Eastern District of Missouri, Eastern Division as the Court will expect said counsel to abide by these rules in the litigation of this matter. Signed by Judge Stephen N. Limbaugh on 8/9/06. (ARL) (Entered: 08/09/2006) 08/09/2006 ORDER RECEIPT: (see receipt) Wed Aug 9 11:29:03 CDT 2006 (ARL, ) (Entered: 08/09/2006) 08/18/ CASE MANAGEMENT ORDER This case is assigned to Track: 2 - Standard Motion to Join Parties due by 5/30/2007. Discovery Completion due by 4/30/2007. Dispositive Motions due by 10/30/2007. Jury Trial set for 3/24/ :30 AM before Honorable Stephen N. Limbaugh. Signed by Judge Stephen N. Limbaugh on 8/18/06. (LAH, ) (Entered: 08/18/2006)

38 08/18/2006 ORDER RECEIPT: (see receipt) Fri Aug 1817:01:17 CDT 2006 (LAH, ) (Entered: 08/18/2006) 03/01/2007 Receipt # S in the amount of $ for ATTORNEY ADM. FEE - PHV on behalf of GUSIKOFF-STEWART, ELLEN. (CSW,) (Entered: 03/01/2007) 03/01/ MOTION for Leave to Appear Pro Hac Vice Ellen Gusikoff Stewart (Filing fee $100) by Plaintiff Gary Dutton. (KCM, ) (Entered: 03/05/2007) 03/06/2007 Docket Text ORDER: Re: 163 MOTION for Leave to Appear Pro Hac Vice Ellen Gusikoff Stewart (Filing fee $100) by Plaintiff Gary Dutton. (KCM, ) filed by Gary Dutton, LEAVE GRANTED Signed by Judge Stephen N. Limbaugh on 3/6/07. (LAH, ) (Entered: 03/06/2007) 03/06/2007 ORDER RECEIPT: (see receipt) Tue Mar 616:46:21 CST 2007 (LAH, ) (Entered: 03/06/2007) 03/08/ STIPULATION of Settlement by Plaintiff United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Exhibit A--Proposed Order# 2 Exhibit A-1--Notice of Pendency# 3 Exhibit A-2, Proof of Claim Form# 4 Exhibit B--Final Judgment)(Brown, Andrew) (Entered: 03/08/2007) 03/08/ MOTION for Settlement for Preliminary Approval of Settlement by Plaintiff United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Text of Proposed Order Proposed Order for Preliminary Approval of Settlement)(Brown, Andrew) (Entered: 03/08/2007) 03/08/ MEMORANDUM in Support of Motion re 165 MOTION for Settlement for Preliminary Approval of Settlement filed by Plaintiff United Food and Commerical Workers Union, Local 655. (Brown, Andrew) (Entered: 03/08/2007) 03/13/ AMENDED DOCUMENT by Plaintiff United Food and Commerical Workers Union, Local 655. Amendment to 165 MOTION for Settlement for Preliminary Approval of Settlement Amended [Proposed] Order Preliminarily Approving Settlement and Providing for Notice. (Attachments: # 1 Exhibit A-1, Class Notice# 2 Exhibit A-2, Proof of Claim Form# 3 Exhibit A-3, Summary Notice)(Brown, Andrew) (Entered: 03/13/2007) 03/13/ AMENDED ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: 165 MOTION for Settlement for Preliminary Approval of Settlement filed by United Food and Commerical Workers Union, Local 655, Signed by Judge Stephen N. Limbaugh on 3/13/07. (Attachments: # 1 Exhibit A-1 # 2 Exhibit A-2)(KJF, ) (Entered: 03/14/2007) 03/14/2007 ORDER RECEIPT: (see receipt) Wed Mar 1417:00:31 CDT 2007 (KJF, ) (Entered: 03/14/2007) 04/03/ STIPULATION and OrderAmending Stipulation of Settlement by Defendants D&K Healthcare Resources, Inc., J. Hord Armstrong, III, Martin D. Wilson, Thomas S. Hilton, Richard Plotnick,

39 Bristol-Myers Squibb Company, Plaintiffs Gary Dutton, United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Text of Proposed Order)(Rebein, Joseph) (Entered: 04/03/2007) 04/04/ ORDER GRANTING STIPULATION AND ORDER AMENDING THE STIPULATION OF SETTLEMENT. Signed by Judge Stephen N. Limbaugh on 4/4/07. (LGK, ) (Entered: 04/04/2007) 04/04/2007 ORDER RECEIPT: (see receipt) Wed Apr 414:38:07 CDT 2007 (LGK, ) (Entered: 04/04/2007) 05/18/ Letter from Janet L. Jones Re: Objection to Settlement (ARL) (Entered: 05/21/2007) 05/29/ MOTION for Settlement Lead Plaintiff's Notice of Motion and Motion for : (1) Final Approval of Class Action Settlement; (2) Class Certification and Approval of Plan of Allocation of Settlement Proceeds; and (3) Award of Attorneys' Fees and Reimbursement of Expenses by Plaintiff United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Text of Proposed Order Approving Plan of Allocation of Settlement Proceeds# 2 Text of Proposed Order Awarding Attorneys' Fees and Reimbursement of Expenses# 3 Text of Proposed Order Final Judgment and Order of Dismissal with Prejudice)(Stewart, Ellen) (Entered: 05/29/2007) 05/29/ MEMORANDUM in Support of Motion re 172 MOTION for Settlement Lead Plaintiff's Notice of Motion and Motion for : (1) Final Approval of Class Action Settlement; (2) Class Certification and Approval of Plan of Allocation of Settlement Proceeds; and (3) Award of Attorneys' Fees an Memorandum of Points and Authorities in Support of Motion for Final Approval of Class Action Settlement filed by Plaintiff United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Exhibit 1, NERA 2003 Early Update)(Stewart, Ellen) (Entered: 05/29/2007) 05/29/ MEMORANDUM in Support of Motion re 172 MOTION for Settlement Lead Plaintiff's Notice of Motion and Motion for : (1) Final Approval of Class Action Settlement; (2) Class Certification and Approval of Plan of Allocation of Settlement Proceeds; and (3) Award of Attorneys' Fees an Memorandum of Points and Authorities in Support of Class Certification and Approval of Plan of Allocation of Settlement Proceeds filed by Plaintiff United Food and Commerical Workers Union, Local 655. (Stewart, Ellen) (Entered: 05/29/2007) 05/29/ MEMORANDUM in Support of Motion re 172 MOTION for Settlement Lead Plaintiff's Notice of Motion and Motion for : (1) Final Approval of Class Action Settlement; (2) Class Certification and Approval of Plan of Allocation of Settlement Proceeds; and (3) Award of Attorneys' Fees an Memorandum of Points and Authorities in Support of Application for Attorneys' Fees and Reimbursement of Expenses filed by Plaintiff United Food and Commerical Workers Union, Local 655. (Attachments: # 1 Appendix A, Chart of 25% Fee Awards)(Stewart, Ellen) (Entered: 05/29/2007) 05/29/ DECLARATION filed by Plaintiff United Food and Commerical Workers Union, Local 655 re 172 MOTION for Settlement Lead Plaintiff's Notice of Motion and Motion for : (1) Final Approval