U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:03-cv AHM-FMO

Transcription

1 US District Court Civil Docket as of 09/19/2005 Retrieved from the court on Tuesday, June 27, 2006 U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:03-cv AHM-FMO City of St Clair v. Watson Pharmaceutica, et al Assigned to: Judge A. Howard Matz Referred to: Discovery Fernando M. Olguin Demand: $0 Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 11/12/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff City of St Clair Shores Police and Fire Retirement System Individually and on Behalf of all Others Similarly Situated represented by Daniel S Drosman Lerach Coughlin Stoia Geller Rudman and Robbins 655 West Broadway, Suite 1900 San Diego, CA Fax: Darren J Robbins Lerach Coughlin Stoia Geller Rudman and Robbins 655 West Broadway, Suite 1900 San Diego, CA denisey@lcsr.com David A Rosenfeld Cauley Geller Bowman Coates & Rudman 200 Broadhollow Rd, Ste 406 Melville, NY drosenfeld@lerachlaw.com Karen T Rogers Lerach Coughlin Stoia Geller Rudman and Robbins 9601 Wilshire Boulevard, Suite 510

2 Los Angeles, CA Lionel Z Glancy Glancy & Binkow 1801 Avenue of the Stars, Ste 311 Los Angeles, CA Michael M Goldberg Glancy Binkow and Goldberg 1801 Avenue of the Stars, Suite 311 Los Angeles, CA Peter A Binkow Glancy & Binkow 1801 Avenue of the Stars, Ste 311 Los Angeles, CA William S Lerach Lerach Coughlin Stoia Geller Rudman and Robbins 655 West Broadway, Suite 1900 San Diego, CA Regina M Ames Lerach Coughlin Stoia Geller Rudman and Robbins 9601 Wilshire Boulevard, Suite 510 Los Angeles, CA Jeff S Westerman Milberg Weiss Bershad and Schulman 355 South Grand Avenue, Suite 4170 Los Angeles, CA

3 Fax: V. Movant Emkay Inc represented by Aaron L Brody Stull Stull and Brody 6th East 45th Street New York, NY Jules Brody Stull Stull and Brody 6th East 45th Street New York, NY Marc L Godino Braun Law Group Wilsihire Boulevard, Suite 920 Los Angeles, CA service@braunlawgroup.com Michael D Braun Braun Law Group Wilshire Boulevard, Suite 920 Los Angeles, CA service@braunlawgroup.com Movant Maper Funds represented by David A Rosenfeld Lionel Z Glancy

4 Glancy Binkow and Goldberg 1801 Avenue of the Stars, Suite 311 Los Angeles, CA Mario Alba, Jr Cauley Geller Bowman and Rudman 200 Broadhollow Road, Suite 406 Melville, NY Michael M Goldberg Peter A Binkow Glancy Binkow and Goldberg 1801 Avenue of the Stars, Suite 311 Los Angeles, CA info@glancylaw.com Samuel H Rudman Cauley Geller Bowman Coates & Rudman 200 Broadhollow Rd, Ste 406 Melville, NY srudman@lerachlaw.com Movant Pension Funds Employer-Teamsters Local Nos 75 and 505 Pension Trust Fund, International Union of Operating Engineers, Local 132 Pension Plan, and the West Virginia Laborers Pension Trust Fund represented by Darren J Robbins Jeff S Westerman

5 Karen T Rogers Regina M Ames William S Lerach V. Movant Anchor Capital Advisors represented by Andrew L Barroway Schiffrin and Barroway 3 Bala Plaza East, Suite 400 Bala Cynwyd, PA Christopher Kim Lim Ruger & Kim 1055 W 7th St, Ste 2800 Los Angeles, CA christopher.kim@lrklawyers.com Darren J Check Schiffrin & Barroway 3 Bala Plaza E Ste 400 Bala Cynwyd, PA dcheck@sbclasslaw.com Lisa J Yang Lim Ruger & Kim 1055 W 7th St, Ste 2800 Los Angeles, CA 90017

6 Stuart L Berman Schiffrin and Barroway 3 Bala Plaza East, Suite 400 Bala Cynwyd, PA V. Defendant Watson Pharmaceuticals Inc represented by J Cacilia Kim O'Melveny & Myers 400 S Hope St, 15th Fl Los Angeles, CA ckim@omm.com Robert C Vanderet O'Melveny & Myers 400 South Hope Street Los Angeles, CA bvanderet@omm.com Seth A Aronson O'Melveny & Myers 400 S Hope St, 15th Fl Los Angeles, CA saronson@omm.com Defendant Allen Chao, - represented by J Cacilia Kim

7 Robert C Vanderet Seth A Aronson Defendant Joseph Papa represented by J Cacilia Kim Robert C Vanderet Seth A Aronson Defendant Fred Wilkinson represented by J Cacilia Kim Robert C Vanderet Seth A Aronson Defendant Charles Slacik represented by J Cacilia Kim

8 Robert C Vanderet Seth A Aronson Defendant Michael Boxer represented by J Cacilia Kim Robert C Vanderet Seth A Aronson Date Filed # Docket Text 11/12/ COMPLAINT filed Summons(es) 20 days issued referred to Discovery Fernando M. Olguin (rrey) (Entered: 11/14/2003) 11/12/ NOTICE OF INTERESTED PARTIES filed by plaintiff City of St Clair (rrey) (Entered: 11/14/2003) 11/14/ INITIAL ORDER following filing of complaint (See document for further details) by Judge A. H. Matz (ir) (Entered: 11/17/2003) 01/06/ NOTICE of initial order following filing of complaint assigned to Judge Matz filed by plaintiff, City of St Clair Shores Police and Fire Retirement System.(sv, ) (Entered: 01/12/2004) 01/12/ NOTICE OF MOTION AND MOTION To Appoint the Employer Teamsters Local Numbers 175 and 505 Pension Trust Fund, the International Union of Operating Engineers, Local 132 Pension Plan and the West Virginia Laborer's Pension Trust Fund as Lead Plaintiff and to Approve Lead Plaintiff's Choice of Lead Counsel,

9 filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (yl, ) (Entered: 01/15/2004) 01/12/ DECLARATION OF KAREN T. ROGERS In Support of Motion to Appoint The Employer Teamsters Local numbers 175 and 505 Pension Trust Fund, The International Union of Operating Egineers, Local 132 Pension Plan, and the West Virginia Fund as Lead Plaintiff and to Approve Lead Plaintiff's Choice of Lead Counsel[5] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (yl, ) (Entered: 01/15/2004) 01/12/ NOTICE OF MOTION AND MOTION To Consolidate Related Actions and to Preserve Relevant Evidence filed by Movants Employer Teamsters Local Nos 175 and 505 Pension Trust Fund. Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (yl, ) Modified on 2/13/2004 (ir, ). (Entered: 01/15/2004) 01/12/ MEMORANDUM OF POINTS AND AUTHORITIES in Support of Motion to Consolidate Related Actions and to Preserve Relevant Evidence[7] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (yl, ) (Entered: 01/15/2004) 01/12/ MEMORANDUM OF POINTS AND AUTHORITIES In Support of Motion To Appoint the employer Teamsters Local Numbers 175 and 505 Pension Trust Fund, the International Union of Operating Engineers, Local 132 Pension Plan and the West Virginia Laborer's Pension Trust Fund as Lead Plaintiff and to Approve Lead Plaintiff's Choice of Lead Counsel[5] filed by Plaintiffs City of St Clair Shores Police and Fire Retirement System. (yl, ) (Entered: 01/15/2004) 01/12/ NOTICE OF MOTION AND MOTION by Plaintiff Anchor Capitol to Consolidate All Related Actions for All Purposes Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (yl, ) (Entered: 01/15/2004) 01/12/ NOTICE OF MOTION AND MOTION filed by Emkay, Inc. for Appointment of Lead Counsel Pursuant to Section 21D(A)(3)(B) of the Securities Exchange Act and for Consolidation of all Related Actions. Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Order. (yl, ) (Entered: 01/16/2004) 01/12/ MEMORANDUM OF POINTS AND Authorities in Support of MOTION for Appointment of Lead Counsel [11] Pursuant to Section 21D(A)(3)(B) of the Securities Exchange Act and For Consolidation of All Related Actions. (yl, ) (Entered: 01/16/2004) 01/12/ DECLARATION OF MARC L. GODINO In Support of MOTION for Appointment of Lead Counsel Pursuant to Section 21D(A)(3)(B) of the Securities Exchange Act and for Consolidation of all Related Actions.[11]. (yl, ) (Entered: 01/16/2004) 01/12/ PROOF OF SERVICE BY MAIL, submitted by Emkay, Inc. of Notice of Motion and Motion for Appointment of Lead Counsel Pursuant to Section 21D(a)(3)(b) of the Securities Exchange Act of 1934 and for Consolidation of all Related Actions,

10 etc. (see document for more details) (yl, ) (Entered: 01/16/2004) 01/12/ NOTICE OF MOTION AND MOTION To Appoint Anchor Capital Advisors as Lead Plaintiff and for Appointment of Lead Counsel; Memorandum of Points and Authorities Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Order. (yl, ) (Entered: 01/16/2004) 01/12/ DECLARATION of LISA J. YANG In Support of Motion for Appointment of Lead Counsel Pursuant to Section 21D(A)(3)(B) of the Securities Exchange Act and for Consolidation of all Related Actions.[11]. (yl, ) (Entered: 01/16/2004) 01/12/ NOTICE OF MOTION AND MOTION Of the Mapers Funds for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liason Counsel filed by Lead Plaintiffs Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (yl, ) (Entered: 01/16/2004) 01/12/ MEMORANDUM IN SUPPORT of The Motion of the Mapers Funds for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liaison Counsel[17] filed by Plaintiffs. (yl, ) (Entered: 01/16/2004) 01/12/ DECLARATION OF LIONEL Z. GLANCY In Suppport of the Mapers' Funds Motion for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liason Counsel [17] filed by Plaintiff. (yl, ) (Entered: 01/16/2004) 01/12/2004 FAX number for Attorney Regina M Ames is (ir, ) (Entered: 02/12/2004) 01/13/ NOTICE of Related Case(s) filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. Related Case(s): CV RGK (rn, ) (Entered: 01/21/2004) 01/26/ MEMORANDUM of Law in Further Support of the Motion of Anchor Capital Advisors to be appointed Lead Plaintiff and for Approval of its selection of Lead Counsel and Liaison counsel, and in opposition to Competing motions [5], [7], [15], [17], [10], [11] filed by Plaintiff Watson Pharmaceuticals Inc. (ir, ) (Entered: 01/31/2004) 01/26/ MEMORANDUM of law in further support of their motion for appointment as lead plaintiff and for approval of their selection of William S Lerach and Jeff S Westerman of Milberg Weiss Bershad Hynes and Lerach LLP [5] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (Caption reads "The Pension Funds' Consolidated Opposition to The Competing Motions for Appointment as Lead Plaintiff") (ir, ) (Entered: 01/31/2004) 01/26/ DECLARATION of Ramzi Abadou in support of The Pension Funds' Consolidated opposition to The Competing Motions for Appointment as Lead Plaintiff [5] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (ir, ) (Entered: 01/31/2004) 01/26/ MEMORANDUM of law in opposition to the Competing Lead Plaintiff Motions and in further support of the motion of the Maper Funds for Consolidation, appointment as Lead Plaintiff and for approval of Selection of Lead and Liasion

11 counsel [7], [17], [10] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (ir, ) (Entered: 01/31/2004) 01/27/ DECLARATION of Michael Goldberg in support of opposition to the Competing Lead Plaintiff motions and in further support of the motion of the Maper Funds for Consolidation, Appointment as Lead Plaintiff and for approval of Selection of Lead and Liaison counsel [17] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (ir, ) (Entered: 01/31/2004) 02/02/ MEMORANDUM of law in further support of the Motion of the Mapers Funds for consolidation, appointment as Lead Plaintiff and for approval of selection of Lead and Liaison counsel [17] and in reply to the opposition of the other movants filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (ir, ) (Entered: 02/07/2004) 02/02/ CONSOLIDATED REPLY memorandum in further support of their motion for appointment as lead plaintiff and for approval of their selection of lead counsel [5] filed by Movants Pension Funds. (ir, ) (Entered: 02/12/2004) 02/03/ REPLY memorandum of law in further support of the motion of Anchor Capital Advisors to be appointed lead plaintiff and for approval of its selection of lead counsel and Liasion counsel [15] and in opposition to competing motions filed by Movants Anchor Capital Advisors. (ir, ) (Entered: 02/12/2004) 02/03/ DECLARATION of Lisa J Yang in support of reply memorandum in support of motion to appoint Anchor Capital Advisors as Lead CPlaintiff [15] filed by Movants Anchor Capital Advisors. (ir, ) (Entered: 02/12/2004) 02/04/ MINUTES: In Chambers Conference; This matter is before the Court on four competing groups of Plaintiff's motions to consolidate the related cases, appoint them as lead Plaintiffs of the puntative class and appoint their chosen counsel as lead counsel of the puntative class. Court ORDERS each of the four Movants to file a declaration by not later than 2/6/04 specifying in detail their proposed counsels' (both lead counsel and liaison counsel, if applicable) proposed fee arrangement. IT IS SO ORDERED by Judge A. Howard Matz : Court Reporter: NONE. (ir, ) (Entered: 02/05/2004) 02/05/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Darren J Check of Schiffrin and Barroway LLP for Anchor Capital Advisors, designating Lisa J Yang of Lim Ruger and Kim LLP as local counsel. Approved by Judge A. Howard Matz. Fee PAID. (ir, ) (Entered: 02/09/2004) 02/05/2004 FAX number for Attorney Darren J Check is (ir, ) (Entered: 02/09/2004) 02/06/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by David A Rosenfeld of Cauley Geller Bowman and Rudman LLP for City of St Clair Shores Police and Fire Retirement System, designating Michael Goldberg of Glancy Binkow and Goldberg LLP as local counsel. Approved by Judge A. Howard Matz. Fee PAID. (ir, ) (Entered: 02/09/2004) 02/06/2004 FAX number for Attorney David A Rosenfeld is (ir, ) (Entered: 02/09/2004)

12 02/06/2004 FAX number for Attorney Michael M Goldberg is (ir, ) (Entered: 02/09/2004) 02/06/ EX PARTE APPLICATION for Leave that the declaration describing the fee arrangement between Anchor Capital Advisors, and their counsel Shiffrin and Barroway LLP and Lim Ruger and Kim LLP ordered by the Court to be filed on 2/6/04 in consideration of pending motions to appoint lead Plaintiff and Lead counsel for the class to be filed under seal filed by Movant Anchor Capital Advisors. (ir, ) (Entered: 02/10/2004) 02/06/ SUPPLEMENTAL DECLARATION of Marc L Godino in support of its motion for appointment of Lead Plaintiff and Lead counsel pursuant to Sectin 21D(A)(3)(B) of the Securities Exchange Act of 1934 and for Consolidated of all related Actions [11] filed by Movant Emkay Inc. (ir, ) (Entered: 02/12/2004) 02/06/ EX PARTE APPLICATION for Leave to file declaration under seal filed by Movants Maper Funds.; Declaration of Avi N Wagner in support of ex parte motion application. Lodged Declaration. (ir, ) (Entered: 02/12/2004) 02/06/ EX PARTE APPLICATION for Order permitting the West Virginia Funds Declaration regardin Proposed Fee Arrangement to be filed under seal and reviewed in camera filed by Movants Pension Funds. Lodged Order. (ir, ) (Entered: 02/12/2004) 02/06/ DECLARATION of Regina M Ames in support of West Virginia Funds Plaintiffs Ex Parte Application for Order permitting the declaration regarding Proposed Fee arrangement to be filed under seal and reviewed in camera [39] filed by Movants Pension Funds. (ir, ) (Entered: 02/12/2004) 02/09/ NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Ex Parte Application for underseal, Proposed Order and Declaration submitted by Movant Anchor Capital Advisors received on 2/6/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: 02/10/2004) 02/09/ ORDER by Judge A. Howard Matz : granting [31] Ex Parte Application for Leave that the declaration describing any fee arrangement between Anchor Capital Advisors and their counsel Schiffrin and Barroway LLP and Lim Ruger and Kim LLP be filed under seal. The declaration of Fee Arrangement and the information contained therein only be disclosed at the time an attorney fee application is made by Schiffrin and Barroway LLP and Lim Ruger and Kim LLP or at such time as this Court may order. (ir, ) (Entered: 02/10/2004) 02/09/ MINUTES: (IN CHAMBERS) For good cause shown, Court GRANTS the Ex Parte Application of the Mapers Fund to file Declaration under seal [38] by Judge A. Howard Matz Court Reporter: Not Reported. (ir, ) (Entered: 02/12/2004) 02/09/ ORDER by Judge A. Howard Matz: Ex Parte Application for Order permitting the declaration regarding Proposed Fee Arrangement to be filed under seal and reviewed In Camera [39]. Declaration of West Virgina Funds in response to the Courts 2/4/04 Order regarding Proposed Fee Arrangement to be filed (Lodged) under seal and reviewed In Camera pursuant to concurrent Ex Parte application will be held under seal until a fee application is submitted at the conclusion of this case

13 or should plaintiff not be selected as Lead Plaintiff, the fee agreement will be returned to plaintiffs at the close of the Lead Plaintiff/Lead Counsel selection process. (ir, ) (Entered: 02/12/2004) 02/09/ DECLARATION of Darren J Robbins in support of the Pension Funds motion for the appointment as lead plaintiff [5] filed by Movants Pension Funds. (ir, ) (Entered: 02/12/2004) 02/09/2004 PLACED IN FILE - NOT USED re (Proposed) Ordre Granting Plaintiff Ancho Capital Advisors motion to consolidate all related actions for all purposes; lodged 1/21/04 submitted by Movants Anchor Capital Advisors. (ir, ) (Entered: 02/12/2004) 02/09/2004 PLACED IN FILE - NOT USED re (Proposed) Order Consolidating Related Actions and Preserving Relevant Evidence; lodged 1/12/04 submitted by Movants (ir, ) (Entered: 02/12/2004) 02/09/ MINUTES: (1) Employer-Teamsters Local Nos 175 and 505 Pension Trust Fund et al motion to Consolidated Related Actions (Filed 1/12/04) [7]; (2) Employer- Teamsters Local Nos 175 and 505 Pension Trust Fund et al motion to Appoint Lead Palintiff and to Approve Lead Plaintiff Choice of Lead Counsel (Filed 1/12/04) [5]; (3) Plaintiff Anchor Capital Advisors motion to Consolidate all related actions for all purposes (Filed 1/12/04) [10]; (4) Anchor Capital Advisors motion to appoint Lead Counsel (Filed 1/12/04) [15]; (5) Motion of the Maper Funds for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead and Liason counsel (Filed 1/12/04) [17]; (6) Emkay Inc motion for Appointment of Lead Counsel pursuant to Section 21D(A)(3)(B) of the Securities Exchange Act of 1934 and for Consolidation of all related Actions (Filed 1/12/04) [11] ; Cause called; appearances made; Court GRANTS the motions to consolidate. The following four cases are consolidated for all purposes: CV , CV , CV , CV CV which is the lowestnumbered case, is hereby designated the Master File. All documents filed hereafter shall bear the names and numbers of both the Ciity of St Clair case and the Watford, Melaragno and Laddey actions. Name and number of the Master file will always appear above the name and number of this action. As is the case for only a single, non-consolidate action, henceforth only two copies of all documents are to be filed. Clerk will file said documents only in the lowest numbered (03-CV-8236 AHM). Clerk will mark the file in the higher-numbered cases so that no further documents are filed in them and will make reference in those filed to the lowestnumbered file. One Pretrial Conference Order shall be prepared for the consolidated actions. Counsel of record are responsible for ensuring that their clerical personnel understand and comply with this order. Court issues tentative ruling and hears oral arguments on competing motions to appoint lead plaintiff and lead counsel. Court tentatively GRANTS motion number four above (filed by Anchor Capital Advisors) but ORDERS that by Friday 2/13/04 Anchor Capital shall file supplemental documentation regarding Anchor Capital authority to initiate lawsuits on behalf of its investment clients, a revised proposed order containing the recitals required by FRCP 23(a) and if necessary revised financial loss calculations in response to Mr Robbins declaration. Response to these supplemental supporting materials should be hand-served or faxed by not later than seven days after the filing of the supplemental materials. Thereafter the matter will

14 be taken under submission. All Plaintiffs counsel stipulate to extend the 90 day deadline by which to appoint lead counsel. Court and counsel confer regarding proposed anti-spoliation order. Court declines to issue such an order at this time, but may revisit the issue at a later point if there is a properly-notice motion. Court also advises counsel that an amended consolidated complaint will be required at a later date by Judge A. Howard Matz Court Reporter: Lucille Litsheim. (ir, ) (Entered: 02/13/2004) 02/13/ RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 02/09/04, Court Reporter: Lucille Litsheim. (wdc, ) (Entered: 02/17/2004) 02/13/2004 TRANSCRIPT filed for proceedings held on 02/09/04. Court Reporter: Lucille Litsheim. (wdc, ) (Entered: 02/17/2004) 02/13/ RESPONSE filed by Movant Anchor Capital Advisors to Court's Request for Clarification of Certain Facts46 (yl, ) (Entered: 02/20/2004) 02/13/ DECLARATION of Lisa J. Yang in Suppot of the Memorandum of Law in Response tothe Court's Request for Clarification of Certain Issues filed by Movant Anchor Capital Advisors. (yl, ) (Entered: 02/20/2004) 02/17/ RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 02/09/04, Court Reporter: Lucille Litsheim. (wdc, ) (Entered: 02/19/2004) 02/17/2004 TRANSCRIPT filed for proceedings held on 02/09/04. Court Reporter: Lucille Litsheim. (wdc, ) (Entered: 02/19/2004) 02/20/ RESPONSE filed by Plaintiff City of St Clair Shores Police and Fire Retirement System to the Response by Anchor Capital Advisors to Court Request for Clarification of Certain Facts [49] (ir, ) (Entered: 02/26/2004) 02/20/ DECLARATION of Daniel S Drosman in support of the Pension Funds Response to the Response by Anchor Captial Advisors to Court Request for Clarification of Certain Facts [52] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (ir, ) (Entered: 02/26/2004) 02/25/ REVISED ORDER Appointing Anchor Capital Advisors as Lead Plaintiff and Appointing Lead Counsel by Judge A. Howard Matz: (1) The Clients of Anchor Capital Advisors have the largest financial loss of all competing movants and Anchor Capital Advisors has demonstrated that this case may meet the requirements of Rule 23. (2) Anchor Capital Advisors is the most adequate Plaintiff and is appointed lead plaintiff for the Putative Class in this action and any subsequently consolidated or related actions to represent the putative class. (3) Anchor Capital Advisors selection of lead counsel and liaison counsel for plaintiff and the putative class is hereby approved. The Law firm of Schiffrin and Barroway LLP is appointed as lead counsel and the law firm of Kim Ruger and Kim LLP is appointed as liaison counsel. (4) Lead counsel shall have the authority to speak for all plaintiffs and class members in all matters (See document for further details)(ir, ) (Entered: 02/26/2004) 02/25/2004 PLACED IN FILE - NOT USED re Proposed Order Granting motion for Appointment of Emkay Inc as Lead Plaintiff pursuant to Section 21D of The Securities Exchange Act of 1934; to approve lead plaintiff choice of counsel and

15 for Consolidation of all related actions; lodged 1/12/04 by Emkay Inc. (ir, ) (Entered: 03/03/2004) 02/25/2004 PLACED IN FILE - NOT USED re Proposed Order Consolidating The Actions, Appointing Lead Plaintiff and Approving Selection of Lead and Liaison counsel, Lodged 1/12/04 submitted by Movants Maper Funds. (ir, ) (Entered: 03/03/2004) 02/25/2004 PLACED IN FILE - NOT USED re Proposed Order Appointing Anchor Capital Advisors as Lead Plaintiff and Appointing Lead Counsel; lodged 1/12/04 submitted by Movants Anchor Capital Advisors. (ir, ) (Entered: 03/03/2004) 02/25/2004 PLACED IN FILE - NOT USED re Proposed Order Appointing The Employer- Teamsters Local Numbers 175 and 505 Pension Trust Fund, The International Union of Operating Engineers, Local 132 Pension Plan and The West Virginia Laborers Pension Trust Fund as Lead Plaintiff and Approving Lead Plaintiff choice of Lead counsel; Lodged 1/12/04 submitted by Movants Pension Funds. (ir, ) (Entered: 03/03/2004) 03/16/ MINUTES: (IN CHAMBERS); Court declines to approve the Stipulation and Proposed Order the Lead Plaintiff and Defendant filed, because it unnecessarily extends and delays the prosecution of this case. It is unnecessary and unreasonable for Lead Plaintiff to have another 62 days (almost 9 weeks) to prepare and file a Consolidated Amended Complaint. And it is unnecessary for Defendants to have some two months to prepare a motion to dismiss. The other briefing intervals also are excessive. Counsel are ORDERED to stipulate to a more diligent schedule and file a modified proposed order IT IS SO ORDERED by Judge A. Howard Matz Court Reporter: Not Reported. (ir, ) (Entered: 03/16/2004) 03/16/2004 PLACED IN FILE - NOT USED re Stipulation and [Proposed] Order regarding Filing of Consolidated Amended Complaint and Briefing Schedule for Defendants motion to dismiss Plaintiff Consolidated Amended complaint, lodged 3/15/04 submitted by Plaintiff and Defendants. (ir, ) (Entered: 03/16/2004) 03/19/ MODIFIED STIPULATION AND ORDER by Judge A. Howard Matz: (1) Lead Plaintiff shall file and serve a Consolidated Amended complaint by 4/23/04. (2) Defendants shall file and serve their motion to dismiss the Consolidated Amended complaint by 5/24/04. (3) Lead Plaintiffs shall file and serve its Opposition to Defendants motion to dismiss by 6/16/04. (4) Defendants shall file and serve their Reply brief by 7/15/04. (5) Defendant motion to dismiss the Consolidated Amended Complaint will be set for hearing on 7/26/04 at 10:00. (6) Counsel for Lead Plaintiff and Defendants shall serve the above-referenced papers via hand deliver to the Los Angeles offices of Lim Ruger and Kim LLP, via hand delivery to the Los Angeles offices of O'Melveny and Meyers LLP, and via overnight delivery to the offices of Schiffrin and Barroway LLP.(ir, ) (Entered: 03/19/2004) 03/25/ CERTIFICATION as to Interested Parties filed by Defendants Michael Boxer, Allen Chao, Joseph Papa, Charles Slacik, Watson Pharmaceuticals Inc, Fred Wilkinson. (ir, ) (Entered: 03/26/2004) 03/25/2004 FAX number for Attorneys Seth Alben Aronson, J Cacilia Kim, Robert C Vanderet is (ir, ) (Entered: 03/26/2004) 04/06/ NOTICE OF MOTION AND MOTION of the pension funds for Reconsideration

16 of the District Courts revised order appointing anchor capital advisors as lead plaintiff and appointing lead counsel filed by plaintiff City of St Clair Shores Police and Fire Retirement System. Motion set for hearing on 5/3/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (ca, ) (Entered: 04/13/2004) 04/06/ MEMORANDUM of Points and Authorities in Support of the pension funds MOTION for Reconsideration of the District Court's revised order appointing Anchor Capital Advisors as lead plaintiff and appointing lead counsel [57] filed by plaintiff City of St Clair Shores Police and Fire Retirement System. (ca, ) (Entered: 04/13/2004) 04/06/ DECLARATION in support of the pension funds MOTION for Reconsideration [57] filed by plaintiffs City of St Clair Shores Police and Fire Retirement System. (ca, ) (Entered: 04/13/2004) 04/06/ DECLARATION of Jeff S. Westerman in support of the pension funds MOTION for Reconsideration of the District Court's revised order appointing Anchor Capital Advisors as lead plaintiff and appointing lead counsel [57] filed by plaintiff City of St Clair Shores Police and Fire Retirement System. (ca, ) (Entered: 04/13/2004) 04/16/ MEMORANDUM OF LAW in Opposition to MOTION for Reconsideration of the District Courts revised order appointing Anchor Capital Advisors as lead plaintiff and approving lead counsel [57] filed by movant Anchor Capital Advisors. (ca, ) (Entered: 04/27/2004) 04/16/ DECLARATION of Lisa J. Yang in support of the memorandum of law in opposition to the MOTION for Reconsideration of the District Courts revised order appointing Anchor Capital Advisors as lead plaintiff and approving lead counsel[57] filed by movant Anchor Capital Advisors. (ca, ) (Entered: 04/27/2004) 04/23/ CONSOLIDATED CLASS ACTION Complaint [1] filed by Lead Plaintiff (ir, ) (Entered: 04/26/2004) 04/26/ REPLY in support of MOTION for Reconsideration[57] filed by plaintiffs City of St Clair Shores Police and Fire Retirement System. (lc, ) (Entered: 04/30/2004) 04/26/ DECLARATION of Jeff S Westerman in further support of MOTION for Reconsideration[57] filed by plaintiffs City of St Clair Shores Police and Fire Retirement System. (lc, ) (Entered: 04/30/2004) 04/30/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Stuart L Berman of Schiffrin and Barroway LLP for Anchor Capital Advisors, designating Lisa J Yang or Christopher Kim of Lim Ruger and Kim LLP as local counsel. Approved by Judge A. Howard Matz. Fee PAID.(ir, ) (Entered: 05/03/2004) 04/30/2004 FAX number for Attorney Stuart L Berman is (ir, ) (Entered: 05/03/2004) 05/03/ MINUTES: Motion of the Pension Funds for Reconsideration of the District Courts revised order appointing Anchor Capital Advisors as lead plaintiff and appointing lead counsel [57] (Filed 4/6/04). Cause called; appearances made. Court issues tentative ruling without oral argument from counsel. Court DENIES the above

17 motion by Judge A. Howard Matz Court Reporter: Kathy Mechanic. (ir, ) (Entered: 05/03/2004) 05/03/2004 PLACED IN FILE - NOT USED re (Proposed) order appointing the pension funds as lead plaintiffs and approving lead plaintiffs choice of lead counsel submitted by Lead Plaintiffs City of St Clair Shores Police and Fire Retirement System. (shb, ) (Entered: 05/10/2004) 05/05/ RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 5/3/04 Court Reporter: Kathleen Mechanic (weap, ) (Entered: 05/06/2004) 05/05/2004 TRANSCRIPT filed for proceedings held on 5/3/04. Court Reporter: Kathleen Mechanic. (weap, ) (Entered: 05/06/2004) 05/24/ NOTICE OF MOTION AND MOTION to Dismiss Consolidated Complaint filed by Defendants Michael Boxer, Allen Chao -, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson. Motion set for hearing on 7/26/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Order. (ir, ) (Entered: 05/25/2004) 05/24/ MEMORANDUM of Points and Authorities in Support of motion to Dismiss Consolidated Complaint [69] filed by Defendants Michael Boxer, Allen Chao, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson. (ir, ) (Entered: 05/25/2004) 05/24/ DECLARATION of J Cacilia Kim in support of Defendants motion to Dismiss Consolidated Complaint [69] filed by Defendants Michael Boxer, Allen Chao -, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson. Volume 1 of 2 (ir, ) (Entered: 05/25/2004) 05/24/ DECLARATION of J Cacilia Kim in support of Defendants motion to Dismiss Consolidated Complaint [69] filed by Defendants Michael Boxer, Allen Chao, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson. Volume 2 of 2 (ir, ) (Entered: 05/25/2004) 05/24/ REQUEST FOR JUDICIAL NOTICE of documents in support of its motion to Dismiss Consolidated Complaint [69] filed by Defendants Michael Boxer, Allen Chao -, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson. (ir, ) (Entered: 05/25/2004) 05/24/ PROOF OF SERVICE filed by Defendants Michael Boxer, Allen Chao, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson of Notice of motion and motion to dismiss Consolidate complaint [69], Memorandum of Points and Authorities in support [70], Declaration [71], Declaration [72], Request for Judicial Notice [73] was served on 5/24/04. (ir, ) (Entered: 05/25/2004) 05/26/ PROOF OF SERVICE filed by Defendants Michael Boxer, Allen Chao -, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson of Notice of motion and motion to dismiss consolidated complaint [69], Memorandum of Points and Authorities in support [70], Declaration of J Cacilia Kim Volumes 1 and 2 [71], [72], Request for Judicial Notice [73] was served on 5/24/04. (ir, ) (Entered: 06/02/2004) 05/28/ NOTICE of Change of Firm Affiliation by attorneys William S Lerach, Darren J Robbins for Plaintiff City of St Clair Shores Police and Fire Retirement System, changing Firm Affiliation to Lerach Coughlin Stoia and Robbins filed by Plaintiff

18 City of St Clair Shores Police and Fire Department System. (ir ) (Entered: 06/02/2004) 05/28/2004 FAX number for Attorneys William S Lerach, Darren J Robbins is (ir, ) (Entered: 06/02/2004) 06/16/ MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION to Dismiss Consolidated Complaint[69] filed by Plaintiff City of St Clair Shores Police and Fire Retirement System. (pj, ) (Entered: 06/22/2004) 07/15/ REPLY in support of Motion to Dismiss Consolidated Complaint [69] filed by Defendant Michael Boxer, Allen Chao, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson. (ir) (Entered: 07/19/2004) 07/16/ PROOF OF SERVICE filed by Defendants Michael Boxer, Allen Chao -, Joseph Papa, Watson Pharmaceuticals Inc, Fred Wilkinson of Defendants Reply in support of motion to dismiss consolidated complaint [78] was served on 7/15/04. (ir ) (Entered: 07/21/2004) 07/21/ ORDER from 9th CCA filed as to Order on Motion to Dismiss Order on Request for Judicial Notice 82, CCA # Order received in this district on 8/9/04. Accordingly, within 14 days of filing date of this order, real party in interest shall file a response. The district court may file a response if it so desires. Petitioner may file a reply within 5 days of service of response(s). (ghap, ) (Entered: 08/10/2004) 07/26/ MINUTES: (IN CHAMBERS) On Courts own motion, Court hereby continues Defendants Allen Chao, Joseph Papa, Fred Wilkinson, Michael Boxer and Watson Pharmaceuticals motion to dismiss Consolidated complaint [69] (Filed 5/24/04) from 7/26/04 to 8/2/04 at 10:00 by Judge A. Howard MatzCourt Reporter: Not Reported. (ir ) (Entered: 07/26/2004) 08/02/ MINUTES: Defendants Allen Chao, Joseph Papa, Fred Wilkinson, Michael Boxer, and Watson Pharmaceuticals motion to dismiss [69] (Filed 5/24/04); Cause called; appearances made. Court issues tentative order and hears oral argument. Court GRANTS the above motion without prejudice by Judge A. Howard Matz Court Reporter: Gail Peeples. (ir ) (Entered: 08/03/2004) 08/02/ ORDER Granting Motion to Dismiss the Consolidated Complaint by Judge A. Howard Matz: Court GRANTS Defendants motion to dismiss [69] for failure to adequately plead falsity and scienter. Court considers it unlikely that Plaintiffs will be able to amend to allege additional facts that will satisfy the heightened pleading requirements. However given that this is the first dismissal of the CC, the Court will nevertheless allow Plaintiffs an opportunity to amend. Dismissal is therefore without prejudice. Plaintiffs shall file an amended consolidated complaint by not later than 8/3/4. Defendants shall file their response by not later than 9/20/04. If Plaintffs choose not to file an amended consolidated complaint, the Court will dismiss the action with prejudice. (ir) (Entered: 08/03/2004) 08/02/2004 PLACED IN FILE - NOT USED re (PROPOSED) Order Granting Defendants motion to dismiss consolidated complaint, lodged 5/24/04 submitted by Defendants. (ir ) (Entered: 08/04/2004) 08/17/ RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following

19 dates: 08/02/04, Court Reporter: Gail Peeples. (wdc, ) (Entered: 08/18/2004) 08/17/2004 TRANSCRIPT filed for proceedings held on 08/02/04. Court Reporter: Gail Peeples. (wdc, ) (Entered: 08/18/2004) 09/02/ Order by Judge A. Howard Matz GRANTING MOTION to Dismiss Consolidated Complaint [69]. Pursuant to the attached letter, the Court GRANTS Plaintiffs request to dismiss the action with prejudice. This Order shall constitute the final judgmnet. IT IS SO ORDERED. (Made JS-6. Case Terminated.)(jp, ) (Entered: 09/03/2004) 10/04/ NOTICE OF APPEAL/REPRESENTATION STATEMENT to 9th CCA filed by certain plaintiffs Employers-Teamsters Local Numbers 175 and 505 Pension Trust Fund, International Union of Operating Engineers, Local 132 Pension Plan, and West Virginia Laborers' Pension Trust Fund. Appeal of Order, 51, Filed On: 02/25/04; Entered On: 02/26/04; Order on Motion, 67, Filed On: 05/03/04; Entered On: 05/03/04; Order on Motion, 85 Filed On: 09/02/04; Entered On: 09/03/04; Filing fee $255., Paid, receipt number cc: Joseph D. Daley, Lerach Coughlin Stoia Geller Rudman and Robbins LLP, San Diego, CA; Karen T. Rogers, Lerach Coughlin Stoia Geller Rudman and Robbins LLP, Los Angeles, CA; Samuel H. Rudman, Lerach Coughlin Stoia Geller Rudman and Robbins LLP, Melville, NY; O'Melveny and Myers LLP; Bernstein Liebhard and Lifshitz, LLP; Faruqi and Faruqi, LLP; Glancy Binkow and Goldberg LLP; Lim Ruger and Kim LLP; Maricic and Goldstein, LLP; Schatz and Nobel, P. C.; Schiffrin and Barroway, LLP; Scott and Scott, LLC; Stull, Stull and Brody, Los Angeles, CA; Stull, Stull and Brody, New York, NY; Weiss and Yourman. (wdc, ) Modified on 10/7/2004 (wdc, ). (Entered: 10/05/2004) 10/04/2004 Civil Appeals Docketing Statement received from certain plaintiffs Employers- Teamsters Local Numbers 175 and 505 Pension Trust Fund, International Union of Operating Engineers, Local 132 Pension Plan, and West Virginia Laborers' Pension Trust fund forwarded to 9th CCA. RE: Appeal to Circuit Court, [86]. (wdc, ) (Entered: 10/05/2004) 10/07/2004 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, [86]. (wdc, ) (Entered: 10/07/2004) 10/12/ ORDER from 9th CCA filed as to Appeal to Circuit Court [86] filed by City of St Clair Shores Police and Fire Retirement System, CCA # Order received in this district on 10/14/04. We vacate the Clerk's order of 07/21/04, as issued in error. Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. (cbr, ) (Entered: 10/19/2004) 10/21/ NOTIFICATION by Circuit Court of Appellate Docket Number , 9th CCA regarding Appeal to Circuit Court, [86] filed by City of St Clair Shores Police and Fire Retirement System. (ghap, ) (Entered: 10/21/2004) 11/01/ TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 02/09/04, Consolidation/ Lead Plaintiff Motion; Court Reporter: Lucille Litsheim; 05/03/04, Motion for Reconsideration, Court Reporter: Kathleen Mechanic. Court of Appeals Case Number: ; Re: Appeal to Circuit Court [86] (cbr, ) (Entered: 11/02/2004)

20 11/03/ TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 08/02/04 Hearing on Motion; Court Reporter: Gail Peeples; Court of Appeals Case Number: ; Re: Appeal to Circuit Court [86]. (cbr, ) (Entered: 01/27/2005) 12/07/ NOTICE of Change of Address by attorneys Regina M Ames, Karen T Rogers for Plaintiff City of St Clair Shores Police and Fire Retirement System and Pension Funds, changing firm address to 9601 Wilshire Boulevard, Suite 510, Los Angeles, CA 90210; telephone ; fax Filed by plaintiff. (mg, ) Modified on 12/8/2004 (mg, ). (Entered: 12/08/2004) 12/07/2004 FAX number for Attorney Regina M Ames, Karen T Rogers is (mg, ) (Entered: 12/08/2004) 12/16/ CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, [86] filed by City of St Clair Shores Police and Fire Retirement System, ; Court of Appeals Case Number: (ghap, ) (Entered: 12/16/2004) 01/27/ AMENDED CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, [86] filed by City of St Clair Shores Police and Fire Retirement System, ; Court of Appeals Case Number: (cbr, ) (Entered: 01/27/2005) 09/19/ NOTICE of Change of Attorney Information: changing the San Diego firm address to 655 West Broadway, Suite 1900, San Diego, CA 92101; changing telephone to (619) ; fax number (619) ; for attorneys Darren Robbins and William S Lerach. Filed by plaintiff City of St Clair Shores Police and Fire Retirement System (mg, ) (Entered: 09/20/2005) 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