United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:00-cv LR

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1 US District Court Civil Docket as of 02/14/2006 Retrieved from the court on Wednesday, July 19, 2006 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:00-cv LR IN RE: NAHC, INC. v., et al Assigned to: HONORABLE LOWELL A. REED, JR Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 08/09/2000 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question IN RE: IN RE: NAHC, INC., SECURITIES LITIGATION Plaintiff JACK BRADY ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED represented by DONALD B. LEWIS LAW OFFICES OF DONALD B. LEWIS 5 CYNWYD ROAD BALA CYNWYD, PA TEL Fax: FAX ROBERT P. FRUTKIN LAW OFFICES BERNARD M. GROSS PC 450 JOHN WANAMAKER BLDG JUNIPER & MARKET STS. PHILADELPHIA, PA Fax: rpf@bernardmgross.com V. Defendant NAHC INC. (FORMERLY KNOWN AS NOVACARE INC.) represented by DAVID WAWRO TORYS 237 PARK AVE

2 NEW YORK, NY TEL TIMOTHY C. RUSSELL SPECTOR GADON & ROSEN PC 1635 MARKET ST 7TH FL PHILADELPHIA, PA Fax: Defendant JOHN FOSTER represented by DAVID WAWRO TIMOTHY C. RUSSELL Defendant TIMOTHY FOSTER represented by DAVID WAWRO TIMOTHY C. RUSSELL Defendant JAMES W. MCLANE represented by DAVID WAWRO TIMOTHY C. RUSSELL

3 Defendant ROBERT E. HEALY, JR. represented by DAVID WAWRO TIMOTHY C. RUSSELL Defendant RICHARD S. BINSTEIN represented by TIMOTHY C. RUSSELL Defendant WASSERSTEIN PERELLA & CO. represented by HOWARD M. KLEIN CONRAD O'BRIEN GELLMAN & ROHN PC 1515 MARKET ST. 16TH FLOOR PHILADELPHIA, PA Fax: MARIA T. VULLO PAUL WEISS RIFKIND WHARTON & GARRISON LLP 1285 AVENUE OF THE AMERICAS NEW YORK, NY Fax: ROBERT N. FELTOON CONRAD O'BRIEN GELLMAN & ROHN PC 1515 MARKET ST., 16TH FL PHILADELPHIA, PA 19102

4 Defendant PRICEWATERHOUSECOOPERS, LLP represented by JILL BAISINGER MORGAN LEWIS AND BOCKIUS LLP 1701 MARKET STREET PHILADELPHIA, PA JOHN E. CARUSO MONTGOMERY MCCRACKEN WALKER & RHOADS, LLP 123 SOUTH BROAD STREET 24TH FLOOR PHILADELPHIA, PA Fax: JOHN W. FRAZIER, IV MONTGOMERY MCCRACKEN WALKER & RHOADS LLP 123 S. BROAD ST PHILADELPHIA, PA Fax: V. BARRY WEISBERG represented by PETER LINDEN KIRBY, MCINERNEY & SQUIRE, LLP 830 THIRD AVENUE 10th FL. NEW YORK, NY TEL

5 ROBERT P. FRUTKIN RONALD DELMONICO represented by PETER LINDEN ROBERT P. FRUTKIN DARRYL DELMONICO represented by PETER LINDEN ROBERT P. FRUTKIN BRUCE BARDONE represented by AARON L. BRODY STULL, STULL & BRODY 6 EAST 45TH STREET NEW YORK, NY TEL JOSEPH LIU represented by AARON L. BRODY CHARLES KRPATA represented by AARON L. BRODY

6 TRACY MCLENDON represented by AARON L. BRODY SCOTT HARRITY represented by AARON L. BRODY THE LENTZ GROUP represented by FRED TAYLOR ISQUITH WOLF, HALDERSTEIN, ADLER, FREEMAN & HERZ 270 MADISON AVENUE NEW YORK, NY TEL GREGORY NESPOLE WOLF, HALDERSTEIN, ADLER, FREEMAN & HERZ 270 MADISON AVENUE NEW YORK, NY TEL STEVE KOERBER represented by PETER LINDEN ROBERT P. FRUTKIN STUART H. SAVETT

7 1735 MARKET ST 3200 MELLON BK CTR PHILADELPHIA, PA TEL Fax: FAX LARRY KADEG represented by PETER LINDEN ROBERT P. FRUTKIN STUART H. SAVETT DANA M. HARRIS represented by PETER LINDEN ROBERT P. FRUTKIN STUART H. SAVETT CHRIS PIETRAFITTA represented by JOHN F. INNELLI INNELLI ROBERTSON 1818 MARKET STREET SUITE 3620 PHILADELPHIA, PA

8 MICHAEL J. MOLDER LAW OFFICES OF MICHAEL J. MOLDER P.O.BOX 31 WYNNEWOOD, PA FRANK J. SIEFERT represented by JOHN F. INNELLI MICHAEL J. MOLDER FRANZ SCHLEICHER represented by JOHN F. INNELLI MICHAEL J. MOLDER BRENDAN C. MONTALDO represented by JOHN F. INNELLI MICHAEL J. MOLDER

9 Date Filed # Docket Text 08/09/ Complaint. filing fee $ 150 receipt # (aam) (Entered: 08/09/2000) 08/09/2000 Summons(es) issued; 7 originals mailed to: Counsel 8/9/00 (aam) (Entered: 08/09/2000) 08/09/2000 Demand for jury trial by PLAINTIFF JACK BRADY. (aam) (Entered: 08/09/2000) 08/09/2000 Special Case Management Track. (aam) (Entered: 08/09/2000) 08/15/ STANDING ORDER THAT THE CASE WILL BE MANAGED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 16 AND CHAPTERS III, V, VII AND IX OF THE CIVIL JUSTICE EXPENSE PLAN AND DELAY REDUCTION PLAN OF THIS DISTRICT. THE INITIAL PRETRIAL CONFERENCE WILL BE HELD WHEN DEFENSE COUNSEL HAS ENTERED AN APPEARANCE AND USUALLY WITHIN THIRTY TO SIXTY DAYS AFTER THE FILING OF THE COMPLAINT, ETC. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 8/15/00 ENTERED AND COPIES MAILED AND FAXED. (jl) (Entered: 08/15/2000) 09/01/ Entry of Appearance of TIMOTHY C. RUSSELL for DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT JAMES W. MCLANE, DEFENDANT ROBERT E. HEALY JR., DEFENDANT RICHARD S. BINSTEIN, Certificate of Service. (fdc) (Entered: 09/05/2000) 09/08/ Affidavit of: William Grandizio re: served summons and complaint upon DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT ROBERT E. HEALY JR.. Served by: Personal Service on 8/16/00. (dt) (Entered: 09/08/2000) 09/08/ Affidavit of: Juan Muniz re: served summons and complaint upon DEFENDANT WASSERSTEIN PERELLA. Served by: Personal Service on 8/24/00. (dt) (Entered: 09/08/2000) 09/15/ STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANTS NAHC, INC., JOHN FOSTER, TIMOTHY FOSTER, JAMES W. MCLANE, ROBERT E. HEALY, JR., AND RICHARD S. BINSTEIN MAY ANSWER OR OTHERWISE RESPOND TO THE PLAINTIFF'S CLASS ACTION COMPLAINT HEREIN IS EXTENDED TO AND INCLUDING THE DATE 15 DAYS AFTER THE INITIAL PRETRIAL CONFERENCE IN THIS MATTER. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 9/15/00 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 09/15/2000) 09/25/ STIPULATION AND ORDER, THAT THE TIME WITHIN WHICH SAID DEFT MAY ANSWER OR OTHERWISE RESPOND TO THE PLFF'S CLASS ACTION COMPLAINT HEREIN IS EXTENDED TO AND INCLUDING THE DATE OF 15 DAYS AFTER THE INITIAL PRETRIAL CONFERENCE IN THIS MATTER, ETC.. (SIGNED BY JUDGE LOWELL A. REED JR.) 9/25/00

10 ENTERED AND COPIES MAILED AND FAXED. (fb) (Entered: 09/25/2000) 10/06/ MOTION OF BARRY WEISBERG, RONALD DELMONICO, DARRYL DELMONICO FOR APPOINTMENT AS LEAD PLAINTIFFS UNDER SECTION 21D (a)(3)(b) OF THE SECURITIES EXCHANGE ACT OF 1934 AND FOR APPROVAL OF LEAD PLAINTIFFS' SELECTION OF CO-LEAD COUNSEL, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE. (fdc) (Entered: 10/10/2000) 10/10/ MOTION BY THE PROPOSED NOVACARE LEAD PLAINTIFFS (BRUCE BARDONE, JOSEPH LIU, CHARLES KRPATA, TRACY MCLENDON, AND SCOTT HARRITY) FOR CONSOLIDATION, FOR APPOINTMENT AS LEAD PLAINTIFFS AND FOR APPROVAL OF THE PROPOSED NOVACARE LEAD PLAINTIFFS' SELECTION OF COUNSEL, MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE. (fdc) (Entered: 10/11/2000) 10/10/2000 AMENDED MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS UNDER SECTION 21D (a)(3)(b) OF THE SECURITIES EXCHANGE ACT OF 1934, [8-2] MOTION FOR APPROVAL OF LEAD PLAINTIFFS' SELECTION OF CO- LEAD COUNSEL BY BARRY WEISBERG, RONALD DELMONICO, DARRYL DELMONICO, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE. (fdc) (Entered: 10/11/2000) 10/10/2000 MOTION OF THE LENTZ LEAD PLAINTIFFS GROUP FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF ITS SELECTION OF COUNSEL, MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE (# ). (fdc) (Entered: 10/11/2000) 10/20/ MOTION FOR LIMITED INTERVENTION BY CHRIS PIETRAFITTA, FRANK J. SIEFERT, FRANZ SCHLEICHER, BRENDAN MONTALDO, MEMORANDUM, CERTIFICATE OF SERVICE. (fdc) (Entered: 10/20/2000) 10/24/ Objections by DEFENDANT NAHC INC. to PLAINTIFFS' Motions for Appointment of Lead Plaintiffs and Lead Counsel, Certificate of Service. (fdc) (Entered: 10/25/2000) 10/27/ Memorandum of DEFENDANT WASSERSTEIN PERELLA in Response to PROPOSED LEAD PLAINTIFFS' MOTION FOR APPOINTMENT AS LEAD PLAINTIFF, AND MOTION APPROVAL OF ITS SELECTION OF COUNSEL, Certificate of Service. (fdc) (Entered: 10/30/2000) 10/27/ Memorandum of Law of Proposed Lead Plaintiffs BARRY WEISBERG, RONALD DELMONICO, DARRYL DELMONICO, STEVE KOERBER, LARRY KADEG, DANA M. HARRIS in Opposition to the MOTIONS of the BARDONE PLAINTIFFS and of the LENTZ PLAINTIFFS FOR APPOINTMENT OF LEAD PLAINTIFF AND SELECTION OF LEAD COUNSEL, Certificate of Service. (fdc) (Entered: 10/30/2000) 10/27/ Supplemental Memorandum of Law by THE PROPOSED NOVACARE LEAD PLAINTIFFS (BRUCE BARDONE, JOSEPH LIU, CHARLES KRPATA, TRACY MCLENDON, SCOTT HARRITY) in Support of their MOTION TO BE APPOINTED LEAD PLAINTIFF, Certificate of Service. (fdc) (Entered: 10/30/2000)

11 10/27/ Affirmation of AARON L. BRODY in Support of PROPOSED NOVACARE LEAD PLAINTIFFS' Supplemental Memorandum in Support of PROPOSED LEAD PLAINTIFF'S MOTION FOR CONSOLIDATION AND FOR APPOINTMENT AS LEAD PLAINTIFFS AND FOR APPROVAL OF PROPOSED NOVACARE LEAD PLAINTIFFS' SELECTION OF COUNSEL, CERTIFICATE OF SERVICE. (fdc) (Entered: 10/30/2000) 11/01/ Affidavit of GREGORY M. NESPOLE correcting and withdrawing the LENTZ LEAD PLAINTIFF'S GROUP'S Motion for Appointment of Lead Plaintiff and Lead Counsel, Certificate of Service. (fdc) (Entered: 11/02/2000) 11/03/ LENTZ LEAD PLAINTIFFS GROUP'S Response to DEFENDANTS' Objections to Appointment of Lead Plaintiffs and Lead Counsel, Certificate of Service. (fdc) (Entered: 11/03/2000) 11/03/ Memorandum by MOVANT BARRY WEISBERG, MOVANT RONALD DELMONICO, MOVANT DARRYL DELMONICO, MOVANT STEVE KOERBER, MOVANT LARRY KADEG, MOVANT DANA M. HARRIS in opposition to [11-1] objection, Certificate of Service. (fdc) (Entered: 11/06/2000) 11/03/ Memorandum by MOVANT BARRY WEISBERG, MOVANT RONALD DELMONICO, MOVANT DARRYL DELMONICO, MOVANT STEVE KOERBER, MOVANT LARRY KADEG, MOVANT DANA M. HARRIS in opposition to the Motions of CHRIS PIETRAFITTA, FRANK SIEFERT, FRANZ SCHLEICHER AND BRENDON MONTALDO to Intervene and Oppose Consolidation, and for the Appointment of Lead Plaintiff and Approval of Lead Counsel, Certificate of Service. (fdc) (Entered: 11/06/2000) 11/03/ Supplemental Memorandum by MOVANT BRUCE BARDONE, MOVANT JOSEPH LIU, MOVANT CHARLES KRPATA, MOVANT TRACY MCLENDON, MOVANT SCOTT HARRITY in opposition to [10-1] MOTION FOR LIMITED INTERVENTION BY CHRIS PIETRAFITTA, FRANK J. SIEFERT, FRANZ SCHLEICHER, BRENDAN MONTALDO, [0-1] MOTION FOR APPOINTMENT AS LEAD PLAINTIFF, [0-2] MOTION APPROVAL OF ITS SELECTION COUNSEL, [8-1] MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS UNDER SECTION 21D (a)(3)(b) OF THE SECURITIES EXCHANGE ACT OF 1934, [8-2] MOTION FOR APPROVAL OF LEAD PLAINTIFFS' SELECTION OF CO-LEAD COUNSEL. (fdc) (Entered: 11/06/2000) 11/03/ Affirmation of Aaron L. Brody. (fdc) (Entered: 11/06/2000) 11/07/ Appearance of HOWARD M. KLEIN for DEFENDANT WASSERSTEIN PERELLA, Certificate of Service. (gn) (Entered: 11/08/2000) 11/10/ Reply Memorandum of Law in Support of Motion of PROPOSED LEAD PLAINTIFFS BARRY WEISBERG, RONALD AND DARRYL DELMONICO, STEVE KOERBER, LARRY KADEG AND DANA M. HARRIS FOR APPOINTMENT OF LEAD COUNSEL AND SELECTION OF LEAD COUNSEL, Certificate of Service. (fdc) (Entered: 11/13/2000) 11/15/ THE NAHC DEFENDANTS' Joinder in the Motion by Certain Proposed Lead PLAINTIFFS for Consolidation, Certificate of Service. (fdc) (Entered: 11/16/2000)

12 11/20/ MOTION by MOVANT CHRIS PIETRAFITTA, MOVANT FRANK J. SIEFERT, MOVANT FRANZ SCHLEICHER, MOVANT BRENDAN C. MONTALDO FOR LEAVE TO FILE REPLY BRIEF (ATTACHED) (ph) (Entered: 11/20/2000) 11/22/ ORDER THAT THE FOLLOWING CASES ARE CONSOLIDATED FOR THE PURPOSE OF CASE MANAGEMENT PURSUANT TO RULE 42 (a) OF THE FEDERAL RULES OF CIVIL PROCEDURE: ; ; ; ; ; AND THE CLERK SHALL ESTABLISH AND MAINTAIN A MASTER DOCKET AND MASTER FILE FOR THIS PROCEEDING UNDER THE CAPTION "IN RE: NAHC, INC., SECURITIES LITIGATION, NO " ALL ORDERS, PLEADINGS, MOTIONS AND OTHER DOCUMENTS SHOULD, WHEN FILED AND DOCKETED IN THE MASTER FILE, BE DEEMED FILED AND DOCKETED IN EACH INDIVIDUAL CASE. ETC. PARTIES OBJETING TO THE CONSOLIDATION OF A NEW ACTION SHALL DO SO WITHIN 10 DAYS OF THE FILING OF SUCH ACTION. (SIGNED BY JUDGE LOWELL A. REED JR.) 11/24/00 ENTERED AND COPIES MAILED AND FAXED. (fh) (Entered: 11/24/2000) 11/22/2000 Consolidated Lead Case (fh) (Entered: 11/24/2000) 11/28/ ORDER THAT THIS CASE IS GOVERNED BY THE STANDING ORDER AND SPECIAL MANAGEMENT POLICY OF JUDGE REED DATED 8/14/00, WITH WHICH ALL PARTIES HAVE BEEN SERVED. ALL PARTIES SHALL APPEAR FOR A CONFERENCE WITH THE UNDERSIGNED ON WEDNESDAY, 12/13/00 AT 9:30 AM, ETC. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 11/28/00 ENTERED AND COPIES MAILED. (fdc) (Entered: 11/28/2000) 12/11/ Statement by DEFENDANT WASSERSTEIN PERELLA & CO., INC. pursuant to the Court's Order dated 11/28/00, Certificate of Service. (fdc) (Entered: 12/11/2000) 12/15/ Minute entry: before Judge Reed on 12/13/00 at 9:50 am. Pretrial Conference. (fdc) (Entered: 12/15/2000) 12/20/ PLAINTIFFS' Joint Submission in further support of lead plaintiffs' designation & co-lead plaintiffs' & liaison counsel appointment, certificate of service. (fdc) (Entered: 12/20/2000) 12/22/ Transcript of conference for 12/13/00. (rs) (Entered: 12/26/2000) 01/05/ ORDER THAT PLAINTIFFS FRAN SCHLEICHER, BARRY WEISBERG, BRUCE BARDONE AND FRANK J. SIEFERT ARE DESIGNATED AS LEAD PLAINTIFFS, PURSUANT TO 15 USC SECTION 78 u-4(a)(3)(b); THE LAW FIRMS OF INNELLI AND MOLDER; KIRBY, MCINERNEY & SQUIRE, LLP; AND STULL, STULL & BRODY ARE HEREBY APPROVED AND APPOINTED AS LEAD PLAINTIFFS' COUNSEL, PURSUANT TO 15 USC SECTION 78u-4(a)(3)(B)(v); THE LAW FIRM OF SAVETT FRUTKIN PODELL & RYAN, P.C. IS HEREBY APPROVED AND APPOINTED LIAISON COUNSEL, ETC. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 1/5/01 ENTERED AND COPIES MAILED. (fdc) (Entered: 01/05/2001) 01/17/ ORDER THAT THIS CASE IS TO BE GOVERNED BY THE FOLLOWING

13 TERMS AND DEADLINES: PLAINTIFFS SHALL FILE A CONSOLIDATED AND AMENDED COMPLAINT WITHIN FORTY-FIVE (45) DAYS FROM THIS COURT'S ENTRY OF AN ORDER REGARDING THE LEAD PLAINTIFF MOTIONS, ETC. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 1/17/01 ENTERED AND COPIES MAILED. (fdc) (Entered: 01/17/2001) 02/20/ PLAINTIFF'S Counsels' Fee and Expense Reports for the period of inception through 1/31/01 (Filed under Seal). (fdc) Modified on 02/21/2001 (Entered: 02/21/2001) 02/20/ Consolidated and Amended Class Action Complaint by PLAINTIFF JACK BRADY, Certificate of Service. (fdc) (Entered: 02/21/2001) 02/27/ Praecipe by LEAD PLAINTIFFS to attach replacement pages to PLAINTIFFS' Consolidated Amended Complaint, Certificate of Service.(TREATED AS A RULE 15 MOTION). (fdc) Modified on 03/12/2001 (Entered: 02/28/2001) 03/07/ Response by DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT JAMES W. MCLANE, DEFENDANT ROBERT E. HEALY JR. to Plaintiffs' praecipe to attach replacement pages to the consolidated amended complaint, Certificate of Service. (jl) (Entered: 03/07/2001) 03/07/ ORDER THAT MOTION FOR LIMITED INTERVENTION BY CHRIS PIETRAFITTA, FRANK J. SIEFERT, FRANZ SCHLEICHER, BRENDAN MONTALDO & MOTION FOR LEAVE TO FILE REPLY BRIEF ARE DENIED WITHOUT PREJUDICE AS MOOT. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 3/8/01 ENTERED AND COPIES MAILED: COPIES FAXED ON 3/7/01. (kw) (Entered: 03/08/2001) 03/12/ ORDER THAT THE PLAINTIFFS' MOTION TO AMEND THE COMPLAINT IS GRANTED, AND PAGES 14 AND 116 OF THE COMPLAINT SHALL BE REPLACED WITH THE PAGES ATTACHED TO THE PRAECIPE. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 3/12/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 03/12/2001) 04/02/ MOTION BY DEFENDANT WASSERSTEIN PERELLA TO ENLARGE TIME TO FILE RESPONSE TO AMENDED COMPLAINT, AFFIDAVIT, CERTIFICATE OF SERVICE. (fdc) (Entered: 04/02/2001) 04/02/ STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT WASSERSTEIN PERELLA & CO. TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE CONSOLIDATED AND AMENDED COMPLAINT IS EXTENDED THROUGH AND INLCUDING 4/20/01, AND THE TIME FOR PLAINTIFFS TO FILE THEIR OPPOSITION BRIEF TO DEFENDANT'S MOTION TO DISMISS IS EXTENDED THROUGH AND INCLUDING 6/4/01. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 4/2/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 04/02/2001) 04/09/ STIPULATION AND ORDER THAT THE TIME FOR ALL DEFENDANTS TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT IS EXTENDED THROUGH AND INCLUDING 4/20/01 ; THE TIME FOR PLAINTIFFS TO FILE THEIR

14 OPPOSITION TO ALL MOTIONS TO DISMISS SUBMITTED BY DEFENDANTS IS EXTENDED THROUGH AND INCLUDING 6/4/01 ; IN ALL OTHER RESPECTS, THE COMBINED CASE MANAGEMENT AND SCHEDULING ORDER OF 1/16/01, SHALL REMAIN UNCHANGED. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 4/10/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 04/10/2001) 04/20/ MOTION BY DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT JAMES W. MCLANE, DEFENDANT ROBERT E. HEALY JR. FOR AN ORDER DISMISSING PLAINTIFFS' CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT WITH PREJUDICE PURSUANT TO FRCP 12(b)(6) AND THE PRIVATE SECURITIES LITIGATION REFORM ACT, CERTIFICATE OF SERVICE. (fdc) (Entered: 04/20/2001) 04/20/ MOTION BY DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT JAMES W. MCLANE, DEFENDANT ROBERT E. HEALY JR. FOR AN ORDER TAKING JUDICIAL NOTICE OF THE DOCUMENTS SUBMITTED AS EXHIBITS TO THE ACCOMPANYING MOTION FOR JUDICIAL NOTICE IN SUPPORT OF THE NAHC DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT PURSUANT TO F.R.EVID. 201 AND 1006, CERTIFICATE OF SERVICE. (fdc) (Entered: 04/20/2001) 04/20/ MOTION BY DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT JAMES W. MCLANE, DEFENDANT ROBERT E. HEALY JR. FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT, CERTIFICATE OF SERVICE. (fdc) (Entered: 04/20/2001) 04/20/ Memorandum of Law in Support of the NAHC DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT, Exhibits (Vols. I & II), Certificate of Service. (fdc) (Entered: 04/20/2001) 04/20/ MOTION OF DEFENDANT PRICEWATERHOUSECOOPERS LLP TO DISMISS THE CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE, APPENDIX. (fdc) (Entered: 04/20/2001) 04/20/ MOTION BY DEFENDANT WASSERSTEIN PERELLA TO DISMISS THE AMENDED AND CONSOLIDATED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE, AFFIDAVIT. (fdc) Modified on 04/20/2001 (Entered: 04/20/2001) 04/20/ PLAINTIFFS' Counsels' Fee and Expense Reports for the period 2/1/01 through 3/31/01 (filed under seal). (fdc) (Entered: 04/23/2001) 05/29/ STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFFS TO FILE THEIR OPPOSITION BRIEF TO THE MOTIONS TO DISMISS IS EXTENDED THROUGH AND INCLUDING 6/18/01, ETC. ( SIGNED BY JUDGE LOWELL

15 A. REED JR. ) 5/30/01 ENTERED AND COPIES MAILED AND FAXED. (jl) (Entered: 05/30/2001) 06/12/ UNOPPOSED MOTION BY PLAINTIFF JACK BRADY FOR AN EXTENSION OF TIME, CERTIFICATE OF SERVICE. (fdc) (Entered: 06/13/2001) 06/15/ ORDER, THAT PLFFS' MOTION FOR AN EXTENSION OF TIME IS GRANTED. PLFFS' MEMORANDA IN OPPOSITION TO DEFTS' MOTIONS WILL BE DUE ON 6/28/01, ETC.. (SIGNED BY JUDGE LOWELL A. REED JR.) 6/18/01 ENTERED AND COPIES MAILED AND FAXED. (fb) (Entered: 06/18/2001) 06/28/ PLAINTIFFS' Counsels' Fee and Expense Reports for the period 4/1/01 through 5/31/01 (Filed under Seal). (fdc) Modified on 06/29/2001 (Entered: 06/29/2001) 06/28/2001 Certain documents governed by Protective Order. (fdc) (Entered: 06/29/2001) 06/28/ PLAINTIFFS' Memorandum of Law in Opposition to DEFENDANTS' Motions to Dismiss the Consolidated Amended Complaint, Certificate of Service. (fdc) (Entered: 06/29/2001) 06/28/ PLAINTIFFS' Memorandum of Law in Opposition to NAHC DEFENDANTS' MOTION FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT. (fdc) (Entered: 06/29/2001) 06/29/ ORDER THAT THE CASE MANAGEMENT CONFERENCE ORIGINALLY SCHEDULED FOR 6/21/01, WILL TAKE PLACE AT 10 AM ON TUESDAY, 9/18/01. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 6/29/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 06/29/2001) 07/31/ STIPULATION AND ORDER THAT THE TIME FOR DEFENDANTS NAHC, INC., JOHN H. FOSTER, TIMOTHY E. FOSTER, JAMES W. MCLANE, ROBERT E. HEALY, JR., AND PRICEWATERHOUSECOOPERS LLP TO FILE REPLY PAPERS IN FURTHER SUPPORT OF THEIR MOTIONS TO DISMISS THE CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT IS HEREBY EXTENDED THROUGH AND INCLUDING 8/13/01. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 7/31/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 07/31/2001) 07/31/ DEFENDANT WASSERSTEIN PERELLA & CO., INC.'S Reply Memorandum of Law in Further Support of its MOTION TO DISMISS THE AMENDED AND CONSOLIDATED COMPLAINT, Certificate of Service. (fdc) (Entered: 08/01/2001) 08/02/ ORDER THAT THE CASE MANAGEMENT CONFERENCE SCHEDULED HAS BEEN RESCHEDULED TO 10:00 AM ON THURSDAY, 9/20/01. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 8/2/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 08/02/2001) 08/13/ Reply Brief by DEFENDANT PRICEWATERHOUSECOOPERS LLP in Support of its MOTION TO DISMISS THE CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT, Certificate of Service. (fdc) (Entered: 08/14/2001)

16 08/13/ Reply Memorandum of Law by DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT JAMES W. DEFENDANT ROBERT E. HEALY JR. in Support of their MOTION FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT, Certificate of Service. (fdc) (Entered: 08/14/2001) 08/13/ Reply Memorandum of Law by DEFENDANT NAHC INC., DEFENDANT JOHN FOSTER, DEFENDANT TIMOTHY FOSTER, DEFENDANT JAMES W. DEFENDANT ROBERT E. HEALY JR. in Support of their MOTION FOR AN ORDER DISMISSING PLAINTIFFS' CONSOLIDATED AND AMENDED CLASS COMPLAINT WITH PREJUDICE PURSUANT TO FRCP 12(b)(6) AND THE PRIVATE SECURITIES LITIGATION REFORM ACT Certificate of Service. (fdc) (Entered: 08/14/2001) 08/24/ PLAINTIFF'S Counsels' Fee and Expense Reports for the Period 6/1/01 through 7/31/01 (Filed under Seal). (fdc) (Entered: 08/24/2001) 09/20/ ORDER THAT THE CASE MANAGEMENT CONFERENCE ORIGINALLY SCHEDULED FOR 9/20/01 IS HEREBY CONTINUED GENERALLY PENDING THE RESOLUTION OF THE MOTIONS TO DISMISS. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 9/20/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 09/20/2001) 09/21/ Notice of change of address of the Law Offices of Bernard M. Gross, P.C., Certificate of Service. (fdc) (Entered: 09/21/2001) 10/17/ MEMORANDUM AND ORDER THAT THE MOTION FOR JUDICIAL NOTICE IS GRANTED AND THE MOTIONS TO DISMISS ARE GRANTED AND THE CONSOLIDATED AND AMENDED COMPLAINT IS DISMISSED IN ITS ENTIRETY. JUDGMENT IS HEREBY ENTERED IN FAVOR OF DEFENDANTS NAHC, INC., JOHN H. FOSTER, TIMOTHY E. FOSTER, JAMES W. MCLANE, ROBERT E. HEALY, JR., PRICEWATERHOUSE COOPERS LLP, AND WASSERSTEIN PERELLA & CO., INC., AND AGAINST PUTATIVE CLASS REPRESENTATIVES FRANZ SCHLEICHER, BARRY WEISBURG, BRUCE BARDONE, FRANK J. SIEFERT, AND OTHERS SIMILARLY SITUATED. ( SIGNED BY JUDGE LOWELL A. REED JR. ) 10/17/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 10/17/2001) 10/17/2001 Case closed (kv) (Entered: 10/18/2001) 10/31/ PLAINTIFFS' Counsels' Fee and Expense Reports for the period 8/1/01 through 9/30/01 (filed under seal). (fdc) (Entered: 11/01/2001) 11/14/ Notice of Appeal by PLAINTIFF JACK BRADY. Fee Status: paid. Copies to: JUDGE LOWELL A. REED JR., Clerk USCA, Appeals Clerk, and JILL BAISINGER, JOHN W. FRAZIER IV, JOHN E. CARUSO, MARTIN FLUMENBAUM, HOWARD M. KLEIN, ROBERT N. FELTOON, PETER LINDEN, BARBARA A. PODELL, STUART H. SAVETT, ROBERT P. FRUTKIN, MICHAEL J. MOLDER, JOHN F. INNELLI, GREGORY NESPOLE, FRED TAYLOR ISQUITH, AARON L. BRODY, MARIA T. VULLO, TIMOTHY C. RUSSELL, DAVID WAWRO, DONALD B. LEWIS, Certificate of

17 Service. (fdc) (Entered: 11/14/2001) 11/14/ Copy of Clerk's notice to USCA re: [68-1] appeal. (fdc) (Entered: 11/14/2001) 11/29/2001 Notice of Docketing ROA from USCA Re: [68-1] appeal USCA NUMBER: /29/01 (fdc) (Entered: 11/29/2001) 10/25/ Certified copy of order from USCA dated 10/25/02 re: [68-1] appeal. Order that the judgment of the district cout entered 10/17/02 is hereby affirmed. Costs taxed against appellants. (gn) (Entered: 10/25/2002) 02/14/ NOTICE to Counsel re: Local Rule (dkm, ) (Entered: 02/14/2006) 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