U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:00-cv REB-BNB

Transcription

1 US District Court Civil Docket as of 01/22/2007 Retrieved from the court on Thursday, March 08, 2007 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:00-cv REB-BNB Rabbach, et al v. ICG Communications, et al Assigned to: Judge Robert E. Blackburn Referred to: Magistrate Judge Boyd N. Boland Demand: $0 Member cases: 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB 1:00-cv REB-BNB Cause: 15:78m(a) Securities Exchange Act Plaintiff David Rabbach On Behalf of Himself and All Others Similarly Situated Date Filed: 09/22/2000 Date Terminated: 01/22/2007 Jury Demand: Both Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question represented by Jeffrey Allen Berens Shuman & Berens, LLP 801 East 17th Avenue Denver, CO Fax: Kip Brian Shuman Shuman & Berens, LLP 801 East 17th Avenue Denver, CO Fax:

2 Paul J. Scarlato Goldman Scarlato & Karon, P.C. 101 West Elm Street #360 Conshohocken, PA Fax: Plaintiff Strategic Market Analysis Fund represented by Charles Walter Lilley Charles Lilley & Associates, P.C Stout Street #1100 Denver, CO Fax: Jeffrey Allen Berens Jessica Lee Hoff Charles Lilley & Associates, P.C Stout Street #1100 Denver, CO Fax: Kip Brian Shuman Paul J. Scarlato

3 Plaintiff Alabama Retirement Systems represented by Jeffrey Allen Berens Jessica Lee Hoff Kip Brian Shuman Paul J. Scarlato Trig Randall Smith Lerach Coughlin Stoia Geller Rudman & Robbins, LLP-SD CA 655 West Broadway #1900 San Diego, CA Fax: Plaintiff Policemen's Annunity and Benefit Fund, City of Chicago represented by Jeffrey Allen Berens Jessica Lee Hoff Kip Brian Shuman

4 Paul J. Scarlato Trig Randall Smith V. Defendant ICG Communications, Inc. represented by John B. Moorhead Baker & Hostetler-Denver 303 East Seventeenth Avenue #1100 Denver, CO Fax: Defendant John Kane TERMINATED: 07/29/2002 represented by David J. Richman Burns, Figa & Will, P.C South Fiddlers Green Circle #1030 Englewood, CO Fax: TERMINATED: 07/29/2002 Defendant J. Shelby Bryan represented by Peter John Korneffel, Jr. Brownstein Hyatt Farber Schreck, P.C th Street #2200 Denver, CO Fax:

5 Timothy R. Beyer Brownstein Hyatt Farber Schreck, P.C th Street #2200 Denver, CO Fax: William J. Sushon O'Melveny & Myers-New York 7 Times Square Times Square Tower New York, NY Fax: wsushon@omm.com Defendant Harry R. Herbst TERMINATED: 08/25/2004 represented by Timothy R. Beyer TERMINATED: 08/25/2004 Defendant William S. Beans represented by Timothy R. Beyer William J. Sushon Peter John Korneffel, Jr.

6 Date Filed # Docket Text 09/22/ COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 09/25/2000) 09/22/2000 FILING FEE PAID: on 9/22/00 in the amount of $ 150, receipt # (former empl) (Entered: 09/25/2000) 10/03/ RETURN OF SERVICE of Summons and Complaint, sworn certificateion with exhibit a, and instrucutions re ntocie of availability of US Magistrate Judge to exercise jurisdiction pursuant to 28 USCC 636(c) and Local Rule 72.6 by leaving in the presence of John L ong personally, process clerk to the Corporation SXervice Company, as Registered Agent for defendant ICG Communications on 9/28/00 (former empl) (Entered: 10/05/2000) 10/18/ MOTION by defendant ICG Communications to extend time to answer (former empl) (Entered: 10/23/2000) 11/21/ MOTION by AL Retirement Sys & Chicago, City of (Policemens Annuity & Benefit Fund) to be appointed lead plfs & to approve lead plfs choice of counsel (former empl) (Entered: 11/22/2000) 11/21/ Suggestion of Bankruptcy (NOTICE by defendant ICG Communications of filing bankruptcy) & Notice of Operation of Auto CASE STAY as to ICG Comm [5-1] (former empl) (Entered: 11/22/2000) 11/21/ MOTION by Merrill D. Leffler, Louis Seminara to be appointed as lead plfs & for approval of lead plfs selection of lead counsel & liaison counsel (former empl) (Entered: 11/22/2000) 11/21/ Memorandum of Law (BRIEF) by Merrill D. Leffler, Louis Seminara in support of motion to be appointed as lead plfs & for approval of lead plfs selection of lead counsel & liaison counsel [6-1] (former empl) (Entered: 11/22/2000) 11/21/ DECLARATION of James S. Bailey in support of motion to be appointed as lead plfs & for approval of lead plfs selection of lead counsel & liaison counsel [6-1] (former empl) (Entered: 11/22/2000) 11/21/ MOTION by Bruce Deifik for appointment as lead plf & approval of selection of lead counsel (former empl) (Entered: 11/22/2000) 11/21/ Joint DECLARATION of William F. Kelley Jr. & James B. Waters, Jr. in support of motion to be appointed lead plfs & to approve lead plfs choice of counsel [4-1] (former empl) (Entered: 11/22/2000) 11/21/ DECLARATION of Jeffrey N. Leibell in support of motion to be appointed lead plfs & to approve lead plfs choice of counsel [4-1] (former empl) (Entered: 11/22/2000) 11/21/ CERTIFICATE of Service of Bruce Deifiks motion & proposed order (former empl) (Entered: 11/22/2000)

7 11/21/ CERTIFICATE of Service of AL Retirements motion & 2 declarations (former empl) (Entered: 11/22/2000) 11/21/ MOTION & Memo of Law by Strategic Mkt Anal to consolidate all actions, for appointment of lead plf & to appoint lead & liaison counsel (former empl) (Entered: 11/22/2000) 12/12/ NOTICE of Change of Address of Liley & Garcia (gms) (Entered: 12/15/2000) 12/12/ Memorandum of Law (BRIEF) by Strategic Mkt Anal in opposition to motion for appointment as lead plf & approval of selection of lead counsel [9-1], motion to be appointed as lead plfs & for approval of lead plfs selection of lead counsel & liaison counsel [6-1], motion to be appointed lead plfs & to approve lead plfs choice of counsel [4-1] (gms) (Entered: 12/15/2000) 12/12/ BRIEF by Strategic Mkt Anal in further support of motion for appointment of lead plf & to appoint lead & liaison counsel [14-2] (gms) (Entered: 12/15/2000) 01/09/ RETURN OF SERVICE of Summons and Complaint upon defendant J. Shelby Bryan on 1/4/01 (former empl) (Entered: 01/12/2001) 01/30/ WAIVER OF SERVICE of Summons and Complaint by defendant J. Shelby Bryan on 1/30/01 (former empl) (Entered: 02/01/2001) 01/30/ Submission of Waiver and Acceptance of Service (NOTICE) by defendant J. Shelby Bryan re: executed service [18-1] (former empl) (Entered: 02/01/2001) 02/01/ MOTION by plaintiff for extension of time to serve dft John Kane to 2/28/01 (gms) (Entered: 02/04/2001) 02/07/ Waiver and ACCEPTANCE OF SERVICE by defendant John Kane signed on 1/31/01 ; by Phillip S. Figa, Esq. (lam) (Entered: 02/10/2001) 02/08/ ATTORNEY APPEARANCE for defendant John Kane by David J. Richman (lam) (Entered: 02/11/2001) 03/13/ Opposition (RESPONSE) by AL Retirement Sys, Chicago, Police Ann to all other motions for appt of lead pla (motion for appointment of lead plf & to appoint lead & liaison counsel [14-2], motion for appointment as lead plf approval of selection of lead counsel [9-1], motion to be appointed as lead plfs & for approval of lead plfs selection of lead counsel & liaison counsel [6-1]) (pap) (Entered: 03/19/2001) 03/13/ SUPPLEMENT by AL Retirement Sys, Chicago, Police Ann to declaration of Jeffrey N. Leibell[11-1] (pap) (Entered: 03/19/2001) 03/13/ AFFIDAVIT of James B. Mintz (pap) (Entered: 03/19/2001) 03/19/ MOTION by defendant John Kane to dismiss for lack of jurisdiction. Title reads Motion to dismiss for failure to state a claim upon which relief can be granted. (pap) (Entered: 03/22/2001) 03/19/ BRIEF by defendant John Kane in support of motion to dismiss for lack of jurisdiction. [26-1] Title is Brief in support of motion to dismiss for failure to state a claim upon which relief can be granted. (pap) (Entered: 03/22/2001)

8 03/19/ ATTORNEY APPEARANCE for defendant J. Shelby Bryan by Timothy R. Beyer (pap) (Entered: 03/22/2001) 03/27/ ATTORNEY APPEARANCE for defendant J. Shelby Bryan by Peter John Korneffel Jr. (pap) (Entered: 03/28/2001) 03/27/ MOTION by defendant J. Shelby Bryan for extension of time to respond to pla's cmp until 30 days after consolidations of case (pap) (Entered: 03/28/2001) 03/27/ Certificate of Compliance by counsel for defendant J. Shelby Bryan re: motion for extension of time to respond to pla's cmp until 30 days after consolidations of case [30-1] (pap) (Entered: 03/28/2001) 04/03/ MOTION by plaintiff to stay response to dft John Kane's mtn to dismiss until after case consolidation decided (pap) Modified on 11/29/2001 (Entered: 04/04/2001) 04/19/ Opposition (RESPONSE) by defendant John Kane to motion to stay to stay response to dft John Kane's mtn to dismiss until after case consolidation decided [32-1] (gms) (Entered: 04/23/2001) 04/23/ MOTION by AL Retirement Sys, Chicago, Police Ann for appointment as interim lead pltfs for the purpose of filing a bankruptcy claim on behalf of the class (former empl) (Entered: 04/26/2001) 04/23/ REQUEST by AL Retirement Sys, Chicago, Police Ann for expedited consideration of motion for appointment as interim lead pltfs for purpose of filing bankruptcy claim on behalf of class (former empl) (Entered: 04/26/2001) 04/24/ MINUTE ORDER : by Judge Daniel B. Sparr. Parties may respond to Alabama Retirement Systems, et al's [34-1] motion for appointment as interim lead pltfs for the purpose of filing a bankruptcy claim on behalf of the class by 5:00 p.m. 4/26/01 (cc: all counsel) ; entry date : 4/26/01 (gms) (Entered: 04/26/2001) 04/26/ RESPONSE by proposed lead pla Strategic Mkt Anal to motion for appointment as interim lead pltfs for the purpose of filing a bankruptcy claim on behalf of the class [34-1] (gms) (Entered: 04/30/2001) 04/27/ ORDER by Judge Daniel B. Sparr granting Strategic Market Analysis Fund, Alabama Retirement Systems & Policemen's Annuity and Benefit Fund, City of Chicago's motion for appointment as interim lead pltfs for the purpose of filing a bankruptcy claim on behalf of the themselves and other members of the proposed class [34-1] in the Chapter 11 bankruptcy proceedings. (cc: all counsel) ; entry date : 5/2/01 (gms) (Entered: 05/02/2001) 07/12/ NOTICE of Change of Firm Name of O'Sullivan Graev and Karabell, LLP to O'Sullivan LLP, attorney for defendant (dlb) (Entered: 07/13/2001) 09/06/ MOTION by Merrill D. Leffler, Louis Seminara to withdraw motion to be appointed as lead plfs & for approval of lead plfs selection of lead counsel & liaison counsel [6-1] (dlb) (Entered: 09/07/2001) 09/07/ MOTION by Bruce Deifik to withdraw motion for appointment as lead plf & approval of selection of lead counsel [9-1] (dlb) (Entered: 09/10/2001) 09/13/ Stipulated MOTION by Sole Remaining Applicats, the Fund, Alabama Retirement,

9 Chicago Police for order appintment of Lead Plaintiff's and for approval of lead pla's choice of counsel (dlb) (Entered: 09/14/2001) 09/14/ MOTION by Ron Rose to withdraw motion to consolidate all actions [14-1], motion for appointment of lead plf & to appoint lead & liaison counsel [14-2] (dlb) (Entered: 09/17/2001) 09/26/ MINUTE ORDER : by Judge Daniel B. Sparr regarding [42-1] stipulated motion for order appintment of Lead Plaintiff's and for approval of lead pla's choice of counsel. If no obj to this mtn is filed by 10/9/01 by any interested pty, the court w/issue an appropr order thereafter (cc: all counsel) ; entry date : 9/26/01 (dlb) (Entered: 09/26/2001) 09/27/ Notice of Recent Controlling Authority Supporting (SUPPLEMENT) by defendant John Kane to Dft's motion to dismiss for lack of jurisdiction. [26-1] (dlb) (Entered: 09/27/2001) 10/26/ ORDER by Judge Daniel B. Sparr granting stipulated motion for order appintment of Lead Plaintiff's and for approval of lead pla's choice of counsel [42-1]. Ordered: The Strategic Market Analysis Fund, Alabama Retirement Systems, and Policemen's Annyity and Benefit Fund, City of Chico are appointed as Lead Pla's for this consolidated action; The firms of Bernstein Litowitz Berger & Grossmann LLP and Berman DeValerio Pease Tabacco Burt & Pucillo are appointed as Co- Lead Counsel and the firm of Dyer & Shuman LLP is appointed as Liaison Counsel (cc: all counsel) ; entry date : 10/26/01 (dlb) (Entered: 10/26/2001) 01/10/ MOTION by lead plaintiff for order re: establish time for filing of cons class action comp (dlb) (Entered: 01/11/2002) 01/10/ Unopposed MOTION by lead plaintiff to consolidate cases (dlb) (Entered: 01/11/2002) 01/29/ Opposition (RESPONSE) by defendant John Kane to motion to consolidate cases [48-1] (dlb) (Entered: 01/30/2002) 02/11/ ORDER by Judge Daniel B. Sparr granting motion to consolidate cases [48-1] (00- S-1864, 00-S-1908, 00-S-1910, 00-S-1919, 00-S-1945, 00-S-1954, 00-S-1963, 00- S-1996, 00-S-2040, 00-S-2074, 00-S-2149 AND 00-S-2243) (cc: all counsel) ; entry date : 2/12/02 (dlb) (Entered: 02/12/2002) 02/11/ ORDER by Judge Daniel B. Sparr granting motion for order re: establish time for filing of cons class action comp [47-1] in 1:00-cv-01864, [21-1] in 1:00-cv-01908, [20-1] in 1:00-cv-01910, [13-1] in 1:00-cv-01919, [21-1] in 1:00-cv-01945, [16-1] in 1:00-cv-01954, [19-1] in 1:00-cv-01957, [20-1] in 1:00-cv-01963, [19-1] in 1:00-cv-01996, [17-1] in 1:00-cv-02040, [16-1] in 1:00-cv-02074, [14-1] in 1:00- cv-02149, [18-1] in 1:00-cv-02243, [14-1] in 1:00-cv-02316; LEAD PLA'S HAVE TO 2/15/02 TO FILE CONSOLIDATED CLASS ACTION COMPLAINT (cc: all counsel) ; entry date : 2/12/02 (dlb) (Entered: 02/12/2002) 02/15/ Consolidated and AMENDED COMPLAINT [1-1] in 1:00-cv-01864, [1-1] in 1:00-cv-01908, [1-1] in 1:00-cv-01910, [1-1] in 1:00-cv-01919, [1-1] in 1:00-cv , [1-1] in 1:00-cv-01954, [1-1] in 1:00-cv-01957, [1-1] in 1:00-cv-01963, [1-1] in 1:00-cv-01996, [1-1] in 1:00-cv-02040, [1-1] in 1:00-cv-02074, [1-1] in 1:00-

10 cv-02149, [1-1] in 1:00-cv-02243, [1-1] in 1:00-cv-02316; jury demand; adding Lead plaintiffs Strategic Mkt Anal, AL Retirement Sys, Policemen Ann Bnf Fd, defendant J. Shelby Bryan, Harry R. Herbst, William- S. Beans to case(s) 1:00-cv , 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv , 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv , 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (dlb) (Entered: 02/19/2002) 02/22/ RETURN OF SERVICE of Summons and Complaint upon defendant Harry R. Herbst in 1:00-cv-01864, in 1:00-cv-01908, 1:00-cv-01910, in 1:00-cv-01919, 1:00-cv-01945, in 1:00-cv-01954, in 1:00-cv-01957, in 1:00-cv-01963, in 1:00-cv , in 1:00-cv-02040, in 1:00-cv-02074, in 1:00-cv-02149, in 1:00-cv-02243, in 1:00-cv on 2/19/02 (dlb) (Entered: 02/25/2002) 03/05/ MINUTE ORDER : by Judge Daniel B. Sparr IN LIGHT OF THE CONSOLIDATION AND THE FILING OF THE AMENDED COMPLAINT THE FOLLIWNG MOTIONS ARE DENIED AS MOOT: denying stay motion CASE STAY as to ICG Comm [5-1] [5-1] in 1:00-cv-01864, denying motion to dismiss for lack of jurisdiction. [26-1] in 1:00-cv-01864, denying motion for extension of time to respond to pla's cmp until 30 days after consolidations of case [30-1] in 1:00-cv-01864, denying motion to stay response to dft John Kane's mtn to dismiss until after case consolidation decided [32-1] in 1:00-cv-01864, denying motion to stay response to dft John Kane's mtn to dismiss until after case consolidation decided [17-1] in 1:00-cv-01908, denying motion for extension of time to respond to pla's cmp, until 30 days after case consolidation [15-1] in 1:00-cv-01908, denying motion to dismiss for lack of jurisdiction. [12-1] in 1:00-cv-01908, denying stay motion CASE STAY as to ICG Comm [4-1] [4-1] in 1:00-cv-01908, denying motion to stay response to dft John Kane's mtn to dismiss until after case consolidation decided [17-1] in 1:00-cv-01910, denying motion for extension of time to answer or respond to pla's cmp until 30 days after consolidation of cases [15-1] in 1:00-cv-01910, denying motion to dismiss for lack of jurisdiction (for failure to state a claim upon which relief can be granted) [12-1] in 1:00-cv-01910, denying stay motion CASE STAY as to ICG Comm [4-1] [4-1] in 1:00-cv-01910, denying motion for coordinated answer and response deadline to until after case consolidation confirmed (to extend time to answer) [9-1] in 1:00-cv-01919, denying stay motion CASE STAY as to ICG Comm [5-1] [5-1] in 1:00-cv-01919, denying motion to stay response to dft John Kane's mtn to dismiss until after case consolidation decided [18-1] in 1:00-cv-01945, denying motion for extension of time to respond to cmp, until 30 days after case consolidation [16-1] in 1:00-cv , denying motion to dismiss for lack of jurisdiction (for failure to state a claim upon which relief can be granted). [13-1] in 1:00-cv-01945, denying stay motion CASE STAY as to ICG Comm [4-1] [4-1] in 1:00-cv-01945, denying motion for extension of time to answer until 30 days after case consolidation [13-1] in 1:00-cv-01954, denying motion to dismiss for lack of jurisdiction (for failure to state a claim upon which relief can be granted) [9-1] in 1:00-cv-01954, denying motion to dismiss for failure to state claim upon which relief can be granted [15-1] in 1:00-cv-01957, denying motion for coordinated answer and response deadline until after case consolidation determined (to extend time to answer) [14-1] in 1:00- cv-01957, denying motion to consolidate all related cases [5-1] in 1:00-cv-01957, denying motion for appointment as lead plf & for approval of selection of lead & liaison counsel [5-2] in 1:00-cv-01957, denying stay motion CASE STAY as to ICG Comm [4-1] [4-1] in 1:00-cv-01957, denying motion to stay response to dft

11 John Kane's mtn to dismiss until after case consolidation decided [17-1] in 1:00-cv , denying motion for extension of time to answer cmp, until 30 days after case consolidation [15-1] in 1:00-cv-01963, denying motion to dismiss for lack of jurisdiction (failure to state a claim upon which relief can be granted) [12-1] in 1:00-cv-01963, denying stay motion CASE STAY as to ICG Comm [4-1] [4-1] in 1:00-cv-01963, denying motion to stay response to dft John Kane's mtn to dismiss until after case consolidation decided [16-1] in 1:00-cv-01996, denying motion for extend time to answer cmp, until 30 days after consolidation of cases [14-1] in 1:00-cv-01996, denying motion to dismiss for lack of jurisdiction (failure to state a claim upon which relief can be granted) [11-1] in 1:00-cv-01996, denying stay motion CASE STAYED as to stay motion [3-1] [3-1] in 1:00-cv-01996, denying motion for extend time to answer cmp, until 30 days after consolidation of cases [14-1] in 1:00-cv-02040, denying motion to dismiss for lack of jurisdiction (failure to state a claim upon which relief can be granted) [11-1] in 1:00-cv-02040, denying motion for extension of time to answer cmp, until 30 days after case consolidation [13-1] in 1:00-cv-02074, denying motion to dismiss for lack of jurisdiction (failure to state a claim upon which relief can be granted) [10-1] in 1:00-cv-02074, denying motion for extension of time to answer cmp until 30 days after case consolidation [11-1] in 1:00-cv-02149, denying motion to dismiss for lack of jurisdiction (failure to state a claim upon which relief can be granted) [8-1] in 1:00-cv-02149, denying motion to stay response to dft John Kane's mtn to dismiss until after case consolidation decided [15-1] in 1:00-cv-02243, denying motion for extension time to answer cmp until 30 days after case consolidation [13-1] in 1:00-cv-02243, denying motion to dismiss for lack of jurisdiction (failure to state a claim upon which relief can be granted) [10-1] in 1:00-cv-02243, denying stay motion CASE STAYED as to ICG stay motion [3-1] [3-1] in 1:00-cv-02243, denying motion to stay response to dft John Kane's mtn to dismiss until case consolidation decided [11-1] in 1:00-cv-02316, denying motion for extension of time to answer cmp until 30 days after case consolidation [9-1] in 1:00-cv-02316, denying motion to dismiss for lack of jurisdiction (for failure to state a claim upon which relief can be granted) [6-1] in 1:00-cv (cc: all counsel) ; entry date : 3/6/02 (dlb) (Entered: 03/06/2002) 03/07/ Notice (MOTION) by plaintiffs and Dft, John Kane to dismiss dft John Kane, w/out prej (dlb) (Entered: 03/07/2002) 03/14/ MINUTE ORDER : by Judge Daniel B. Sparr Case reassigned to Judge Robert E. Blackburn (cc: all counsel) ; entry date : 3/14/02 (former empl) (Entered: 03/14/2002) 04/08/ Stipulated MOTION by dfts, J. Shelby Bryan, Harry R. Herbst, and William S. Beans to extend time to answer to 7/1/02 to the consolidated and amended complaint (dlb) (Entered: 04/09/2002) 04/09/ ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge Boyd N. Boland by Judge Robert E. Blackburn (cc: counsel) (pap) Modified on 03/25/2003 (Entered: 04/10/2002) 04/09/ MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Boyd N. Boland the motion to be appointed lead plfs & to approve lead plfs choice of counsel [4-1] in 1:00-cv (pap) (Entered: 04/10/2002)

12 04/09/ MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Boyd N. Boland the motion for appointment as lead plf & approval of selection of lead counsel [9-1] in 1:00-cv (pap) (Entered: 04/10/2002) 04/09/ MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Boyd N. Boland the motion to extend time to answer to 7/1/02 to the consolidated and amended complaint [57-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (pap) (Entered: 04/10/2002) 04/09/ MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Boyd N. Boland the motion to consolidate all actions [14-1] in 1:00-cv-01864, referring to Magistrate Judge Boyd N. Boland the motion for appointment of lead plf & to appoint lead & liaison counsel [14-2] in 1:00-cv (pap) (Entered: 04/10/2002) 04/15/ MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting stipulated motion to extend time to respond to the consolidated and amended complaint only so far as defendants' time to answer or respond to consolidated amended complaint which is extended to 5/14/02 [57-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv , 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv , 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv , 1:00-cv (cc: all counsel) ; entry date : 4/16/02 (lam) (Entered: 04/16/2002) 04/23/ Opposition (RESPONSE) by lead plas' Strategic Mkt Anal, AL Retirement Sys, Policemen Ann Bnf Fd in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv , 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv , 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv , to defendants' motion for lv to file oversized brief in support of mtn to dismiss [66-1] [69-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv , 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv , 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (lam) (Entered: 05/23/2002) 05/08/ ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Rule 16 conference set for 9:30 6/6/02 in 1:00-cv-01864, in 1:00-cv-01908, in 1:00- cv-01910, in 1:00-cv-01919, in 1:00-cv-01945, in 1:00-cv-01954, in 1:00-cv , in 1:00-cv-01963, in 1:00-cv-01996, in 1:00-cv-02040, in 1:00-cv-02074, in 1:00-cv-02149, in 1:00-cv-02243, in 1:00-cv (cc: all counsel) (lam) (Entered: 05/08/2002) 05/14/ MOTION by dfts J. Shelby Bryan, Harry R. Herbst, William- S. Beans in 1:00-cv , 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv , 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv , 1:00-cv-02149, 1:00-cv-02243, 1:00-cv-02316, to dismiss the consol & amd cmp (pap) Modified on 03/25/2003 (Entered: 05/15/2002) 05/14/ Memorandum of Law (BRIEF) by dfts J. Shelby Bryan in 1:00-cv-01864,. 1:00- cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv , 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-

13 02149, 1:00-cv-02243, 1:00-cv in support of motion to dismiss the consolidated and amended complaint [65-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (pap) (Entered: 05/15/2002) 05/14/ DECLARATION of Timothy R. Beyer, Esq by dfts J. Shelby Bryan Harry R. Herbst and William S. Beans in 1:00-cv-01864,. 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv re: brief [66-1] in 1:00-cv-01864, [0-1] in 1:00-cv-01908, [0-1] in 1:00-cv-01910, [0-1] in 1:00-cv-01919,[0-1] in 1:00-cv-01945, [0-1] in 1:00-cv , [0-1] in 1:00-cv-01957, [0-1] in 1:00-cv-01963, [0-1] in 1:00-cv-01996, [0-1] in 1:00-cv-02040, [0-1] in 1:00-cv-02074, [0-1] in 1:00-cv-02149, [0-1] in 1:00- cv-02243, [0-1] in 1:00-cv (oversize document stored with exhibits) (pap) (Entered: 05/15/2002) 05/17/ MOTION by lead plaintiffs Strategic Mkt Anal, AL Retirement Sys and Policemen Ann Bnf Fd, City of Chicago in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv and 1:00-cv for order requiring dfts to conform their mtn to dismiss to court's civil practice standards (lam) (Entered: 05/20/2002) 05/20/ MOTION by defendants J. Shelby Bryan, Harry R. Herbst, William S. Beans in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv-02316, to file oversized brief in support of mtn to dismiss [66-1] (attached as Ex. A are pg. 3 of the Memorandum Brief which were inadvertently omitted and Ex. B, copies of the unpublished opinions cited in the Memorandum) (lam) Modified on 06/04/2002 (Entered: 05/20/2002) 05/21/ MOTION by lead plas Strategic Mkt Anal, AL Retirement Sys, Policemen Ann Bnf Fd in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv , 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv , 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv to extend time to respond to dfts' mtn to dismiss to 30 days after revised mtn is filed or 30 days after plas' mtn is denied (lam) (Entered: 05/22/2002) 05/24/ Unopposed MOTION by dfts J. Shelby Bryan, Harry R. Herbst, and William S. Beans in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv , 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv , 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv-02316, to stay discovery and related proceedings under the PSLRA pending dfts' mtn to dismiss (lam) (Entered: 05/28/2002) 05/24/ RESPONSE by dfts J. Shelby Bryan, Harry R. Herbst, William S. Beans in 1:00- cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv , 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv , 1:00-cv-02149, 1:00-cv-02243, 1:00-cv to lead plas' motion to require dfts to conform their mtn to dismiss to court's civil practice standards [68-1]

14 (lam) (Entered: 05/28/2002) 05/28/ MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Boyd N. Boland the motion to stay discovery and related proceedings under the PSLRA pending dfts' mtn to dismiss [72-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00- cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv , 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv , 1:00-cv (lam) (Entered: 05/29/2002) 05/30/ ORDER by Magistrate Judge Boyd N. Boland granting dfts' unopposed motion to stay discovery and related proceedings under the PSLRA pending ruling on dfts' mtn to dismiss [72-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv , 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv , 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv ; CASE STAYED as to proceedings; plas to file a status report w/in 10 days of ruling on mtn to dismiss ; that the scheduling conf set 6/6/02 is vacated (cc: all counsel) ; entry date : 5/31/02 (lam) Modified on 03/25/2003 (Entered: 05/31/2002) 05/31/ Opposition (RESPONSE) by Lead Plas Strategic Mkt Anal, AL Retirement Sys, Policemen Ann Bnf Fd in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv , 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv , 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv to dfts' motion to file oversized brief in support of mtn to dismiss [66-1] [69-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv , 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv , 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (pap) (Entered: 06/03/2002) 05/31/ RESPONSE by dfts J. Shelby Bryan, Harry R. Herbst, William S. Beans in 1:00- cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv , 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv , 1:00-cv-02149, 1:00-cv-02243, 1:00-cv to Lead Plas' motion to extend time to respond to dfts' mtn to dismiss to 30 days after revised mtn is filed or 30 days after plas' mtn is denied [70-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00- cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv , 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv , 1:00-cv (pap) (Entered: 06/03/2002) 06/04/ MINUTE ORDER : by Judge Robert E. Blackburn granting dfts' motion to file oversized brief in support of mtn to dismiss [66-1] [69-1]; denying lead plaintiffs' motion for order requiring dfts to conform their mtn to dismiss to court's civil practice standards [68-1]; granting lead plaintiffs' motion to extend time to respond to dfts' mtn to dismiss to 7/1/02 [70-1]; plaintiffs req (contained within their mtn to require defendants to conform their motion to dismiss [68-1]) to be permitted the same number of pages to oppose the mtn to dismiss as the defendants are granted in briefing the motion to dismiss is denied in 1:00-cv and consolidated cases (cc: all counsel) ; entry date : 6/4/02 (lam) (Entered: 06/04/2002) 06/27/ Unopposed MOTION by lead plas Strategic Mkt Anal, AL Retirement Sys and Policemen Ann Bnf Fd in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv , 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv , 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv-

15 02316, to extend time for lead plas to respond to dfts' mtn to dismiss to 7/3/02 (lam) Modified on 07/01/2002 (Entered: 06/28/2002) 06/28/ MINUTE ORDER : by Judge Robert E. Blackburn granting Lead Plaintiffs' unopposed motion to extend time for lead plas to respond to dfts' mtn to dismiss to 7/3/02 [79-1] regarding [55-1], [65-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv , 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv , 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv , 1:00-cv (cc: all counsel) ; entry date : 7/1/02 (lam) (Entered: 07/01/2002) 07/03/ MOTION by lead plaintiffs Strategic Mkt Anal, AL Retirement Sys, Policemen Ann Bnf Fd in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv-02316, to file oversized brief in response to dft's mtn to dismiss (lam) Modified on 07/05/2002 (Entered: 07/05/2002) 07/03/2002 Tendered opposition to mtn to dismiss submitted by lead plaintiffs in 1:00-cv , 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv , 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv , 1:00-cv-02149, 1:00-cv-02243, 1:00-cv re: motion to file oversized brief in response to dft's mtn to dismiss [81-1] (lam) (Entered: 07/05/2002) 07/08/ Unreported Decisions (NOTICE) by lead plaintiffs Strategic Mkt Anal, AL Retirement Sys, Policemen Ann Bnf Fd in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv , 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv , 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv , 1:00-cv-02316, in support of their opposition [81-1] to defendants' motion to dismiss [65-1] (lam) (Entered: 07/08/2002) 07/09/ Unopposed MOTION by J. Shelby Bryan, Harry R. Herbst, William S. Beans, Jr. in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv :00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv-02316, to extend time to 7/26/02 & the pg limit for dfts' reply memorandum in further support of mtn to dismiss (lam) (Entered: 07/10/2002) 07/17/ MINUTE ORDER : by Judge Robert E. Blackburn granting motion to extend time to 7/26/02 & the pg limit for dfts' reply memorandum in further support of mtn to dismiss [83-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (cc: all counsel) ; entry date : 7/17/02 (pap) (Entered: 07/17/2002) 07/17/ MINUTE ORDER : by Judge Robert E. Blackburn granting motion to file oversized brief in response to dft's mtn to dismiss [81-1] in 1:00-cv-01864, 1:00-cv , 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv , 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv , 1:00-cv-02243, 1:00-cv (cc: all counsel) ; entry date : 7/17/02 (pap) (Entered: 07/17/2002) 07/17/ Opposition (RESPONSE) by Lead Plas Strategic Mkt Anal, AL Retirement Sys,

16 Policemen Ann Bnf Fd in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv , 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv , 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv to dft's motion to dismiss the consolidated and amended complaint [65-1] in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (pap) (Entered: 07/17/2002) 07/26/ REPLY Memorandum by defendants J. Shelby Bryan, Harry R. Herbst, William S. Beans in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv , 1:00-cv-01954, 1:00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv , 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv-02316, in further support of defendants' motion to dismiss the consolidated and amended complaint [65-1] (lam) (Entered: 07/29/2002) 07/29/ ORDER by Judge Robert E. Blackburn granting motion to dismiss dft John Kane, w/out prej [55-1] dismissing party John Kane in 1:00-cv-01864, party John Kane in 1:00-cv-01908, party John Kane in 1:00-cv-01910, party John Kane in 1:00-cv , party John Kane in 1:00-cv-01945, party John Kane in 1:00-cv-01954, party John Kane in 1:00-cv-01957, party John Kane in 1:00-cv-01963, party John Kane in 1:00-cv-01996, party John Kane in 1:00-cv-02040, party John Kane in 1:00-cv , party John Kane in 1:00-cv-02149, party John Kane in 1:00-cv-02243, party John Kane in 1:00-cv (cc: all counsel) ; entry date : 7/30/02 (dlb) (Entered: 07/30/2002) 07/30/ Letter re: attached original signature pg. (SUPPLEMENT) by defendants Beans, Bryan, Herbst to replace facismile copy filed with [87-1] motion reply in 1:00-cv , 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01954, 1:00-cv , 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv , 1:00-cv-02243, 1:00-cv (lam) (Entered: 07/31/2002) 08/28/ NOTICE of Change of address and facsimile number of O'Sullivan LLP by counsel for the dfts J. Shelby Bryan Harry R. Herbst, William S. Beans in 1:00-cv-01864, 1:00-cv-01908, 1:00-cv-01910, 1:00-cv-01919, 1:00-cv-01945, 1:00-cv :00-cv-01957, 1:00-cv-01963, 1:00-cv-01996, 1:00-cv-02040, 1:00-cv-02074, 1:00-cv-02149, 1:00-cv-02243, 1:00-cv (pap) (Entered: 08/29/2002) 10/25/ ATTORNEY SUBSTITUTION: terminating law offices of Harvey Greenfield and substituting law office of Laura M. Perrone, PLLC, attorney Laura M. Perrone as counsel for Jerry Krim (lam) (Entered: 10/28/2002) 11/07/ Lead Pla's renewed MOTION for status conference (hearing) (dlb) (Entered: 11/10/2003) 03/19/ NOTICE of Change of counsel's address of Jonathan Rosenberg and Bradley J. Butwin for the firm of O'Melveny & Myers, LLP (dlb) (Entered: 03/22/2004) 07/29/ Lead pla's MOTION for ruling on dfts' pending mtn to dismiss or in the alternative to lift the PSLRA discovery stay (dlb) (Entered: 07/30/2004) 08/02/ MINUTE ORDER : by Judge Robert E. Blackburn granting lead pla's renewed request for status conference (hearing) [93-1] in 1:00-cv ; status conf set for

17 9:30 9/2/04 in 1:00-cv-01864, in 1:00-cv-01908, in 1:00-cv-01910, in 1:00-cv , in 1:00-cv-01945, in 1:00-cv-01954, in 1:00-cv-01957, in 1:00-cv-01963, in 1:00-cv-01996, in 1:00-cv-02040, in 1:00-cv-02074, in 1:00-cv-02149, in 1:00-cv , in 1:00-cv (cc: all counsel) ; entry date : 8/3/04 (gms) (Entered: 08/03/2004) 08/18/ Dfts Bryan, Herbst and Beans' Memorandum BRIEF in opposition to Lead pla's motion for ruling on dfts' pending mtn to dismiss or in the alternative to lift the PSLRA discovery stay [95-1] (dlb) (Entered: 08/19/2004) 08/25/ ORDER by Judge Robert E. Blackburn granting in part and denying in part as specified motion to dismiss the consol & amd cmp [65-1], denying as moot motion for ruling on dfts' pending mtn to dismiss or in the alternative to lift the PSLRA discovery stay [95-1] dismissing party Harry R. Herbst; the status conf set for 9/2/04 at 9:30 is VACATED (cc: all counsel) ; entry date : 8/26/04 (dlb) (Entered: 08/26/2004) 09/02/ Unopposed MOTION by dfts to extend time to answer the consolidated and amended complaint (dlb) (Entered: 09/03/2004) 09/03/ MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Boyd N. Boland the motion to extend time to answer the consolidated and amended complaint [99-1] (dlb) (Entered: 09/07/2004) 09/08/ MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to extend time to answer the consolidated and amended complaint [99-1] regarding [52-1] consolidated amended complaint; dfts answer due by 10/11/04; (cc: all counsel) ; entry date : 9/9/04 (dlb) (Entered: 09/09/2004) 09/10/ Amended CERTIFICATE MAILING BY CLERK OF minute order [101-1] (dlb) (Entered: 09/13/2004) 09/15/2004 MAIL Returned minute order [101-1] addressed to Barbara A. Podell, Esq. (dlb) (Entered: 09/21/2004) 10/12/ ANSWER by dft William S. Beans, Jr. to amended complaint [52-1] (dlb) (Entered: 10/13/2004) 10/12/ ANSWER by dft J. Shelby Bryan to amended complaint [52-1] (dlb) (Entered: 10/13/2004) 10/18/ NOTICE of Change of counsel's address of Eric J. Belfi, Murray, Frank & Sailer LLP (dlb) (Entered: 10/19/2004) 01/11/ MINUTE ORDER setting supplemental Scheduling Conference set for 1/21/ :00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 1/11/05. (dlb, ) (Entered: 01/13/2005) 01/21/ Minute Entry for proceedings held before Judge Boyd N. Boland : Scheduling Conference held on 1/21/2005 (Court Reporter FTR BNB Ctrm A-401.) (dlb, ) (Entered: 01/26/2005) 01/21/ SCHEDULING ORDER: Discovery due by 12/23/2005. Dispositive Motions due by 2/1/2006. Settlement Conference set for 3/29/ :00 AM in Courtroom A

18 401 before Magistrate Judge Boyd N. Boland. Proposed Pretrial Order due by 4/25/2006. Final Pretrial Conference set for 5/2/ :00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.. Signed by Magistrate Judge Boyd N. Boland on 1/21/05. (dlb, ) (Entered: 01/26/2005) 01/21/ MINUTE ORDER re: [52] Consolidated and AMENDED COMPLAINT [1-1]; deadline for filing motion for class certification, 2/28/05; deadline for filing response in opposition to motion for class certification, 4/29/05; deadline for filing reply in support of motion for class certification, 5/30/05 by Magistrate Judge Boyd N. Boland on 1/21/05. (dlb, ) (Entered: 01/26/2005) 01/21/ TRIAL PREPARATION CONFERENCE ORDER setting Fifteen (15) day Jury Trial set for 9/11/ :30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 8/25/2006 at 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn by Judge Robert E. Blackburn on 1/21/05. (dlb, ) (Entered: 01/27/2005) 02/01/ Mail Returned as Undeliverable. Mail sent to Barbara Podell (dlb, ) (Entered: 02/03/2005) 02/28/ MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 03/01/2005) 02/28/ Memorandum of Law (BRIEF) in Support of their [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 03/01/2005) 02/28/ EXHIBITS in support of MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. *large document(dlb, ) (Entered: 03/01/2005) 02/28/ Lead Plaintiff's MOTION to Certify Class pursuant to Fed.R.Civ.P. 23(a) and 23(b)(3). (dlb, ) (Entered: 03/01/2005) 03/01/ MEMORANDUM referring to Magistrate Judge Boland : [112] MOTION for Protective Order filed by J. Shelby Bryan,, William S. Beans, by Judge Robert E. Blackburn on 3/1/05. (dlb, ) (Entered: 03/02/2005) 03/02/ MINUTE ORDER re: [113] Memorandum of Law (BRIEF) in Support [construed as a motion] of their [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan, parties shall resond by 3/21/05. Motion/In Court Hearing set for 4/1/2005 at 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 3/2/05. (dlb, ) (Entered: 03/03/2005) 03/09/ JOINDER by Defendant ICG Communications, Inc. re [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 03/10/2005) 03/15/ "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended

19 Class Action Complaint re: [52] Consolidated and AMENDED COMPLAINT [1-1] *attached as exhibit A (dlb, ) (Entered: 03/16/2005) 03/16/ MEMORANDUM referring to Magistrate Judge Boland : "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended Class Action Complaint re: [52] Consolidated and AMENDED COMPLAINT [1-1] *attached as exhibit A by Judge Robert E. Blackburn on 3/16/05. (dlb, ) (Entered: 03/17/2005) 03/18/ MINUTE ORDER resetting hearing on [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. Motion Hearing set for 3/29/ :00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 3/18/05. (dlb, ) (Entered: 03/22/2005) 03/18/ MINUTE ORDER re: [119] "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended Class Action Complaint re: [52] Consolidated and AMENDED COMPLAINT [1-1] *attached as exhibit A; parties shall respond by 4/11/05. A motion Hearing set for 4/15/ :30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 3/18/05. (dlb, ) (Entered: 03/22/2005) 03/21/ "Lead Pla's" Opposition (RESPONSE) to [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 03/22/2005) 03/28/ MOTION for Leave to Submit a Reply in Further Support of Their Motion for Protective Order by Defendants William S. Beans, J. Shelby Bryan. (gms, ) (Entered: 03/30/2005) 03/28/2005 TENDERED Reply to Lead Plas' Opposition to Defendants' Motion for Protective Order Dated 3/21/05 re: [124] MOTION for Leave to Submit by Defendants William S. Beans, J. Shelby Bryan. (gms, ) (Entered: 03/30/2005) 03/28/ TRANSCRIPT of Scheduling Conference held on January 21, 2005 before Judge Boyd N. Boland. Prepared by: Avery/Woods. Pages: (certified copy) (dlb, ) (Entered: 03/30/2005) 03/28/ MEMORANDUM referring to Magistrate Judge Boland : [124] MOTION for Leave filed by J. Shelby Bryan,, William S. Beans, by Judge Robert E. Blackburn on 3/28/05. (dlb, ) (Entered: 03/30/2005) 03/29/ Minute Entry for proceedings held before Judge Boyd N. Boland : Motion Hearing held on 3/29/2005 re: [124] MOTION for Leave to Submit a Reply in Further Support of Their Motion for Protective Order by Defendants William S. Beans, J. Shelby Bryan is granted. [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan is granted in part and denied in part. [119] "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended Class Action Complaint re: [52] Consolidated and AMENDED COMPLAINT [1-1] *attached as exhibit A. Hearing set for 4/15/05 is vacated. Dft?s response due 5/2/05 and reply due by 5/30/05. (Court Reporter FTR BNB Ctrm 401-A.) (dlb, ) (Entered: 04/01/2005)

20 03/30/ ORDER: Granting in part and denying in part [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. Granting [124] MOTION for Leave to Submit a Reply in Further Support of Their Motion for Protective Order by Defendants William S. Beans, J. Shelby Bryan. Signed by Magistrate Judge Boyd N. Boland on 3/30/05. (dlb, ) (Entered: 04/01/2005) 03/30/ REPLY to opposition to dft's [112] MOTION for Protective Order preventing Pla from obtaining discovery set forth in seventeen non-party subpoenas by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 04/01/2005) 04/04/ TRANSCRIPT of Motions Hearing held on March 29, 2005 before Judge Boyd N. Boland. Prepared by: Avery/Woods. Pages: (certified copy) (dlb, ) (Entered: 04/05/2005) 04/13/ MOTION to Stay re [115] Lead Plaintiff's MOTION to Certify Class pursuant to Fed.R.Civ.P. 23(a) and 23(b)(3) by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 04/14/2005) 04/15/ ORDER granting Dfts' [131] Motion to Stay Lead Plas' Motion for Class Certification. Briefing schedule for class certification motion is stayed until 30 days after court rules on Lead Pla's motion for leave to file 2nd consolidated and amended class action complaint. Signed by Judge Robert E. Blackburn on 4/14/05. (gms, ) (Entered: 04/18/2005) 04/21/ Unopposed MOTION for Extension of Time to File Response to 5/9/05 [119] "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended Class Action Complaint re: [52] by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 04/22/2005) 04/25/ MEMORANDUM referring to Magistrate Judge Boland : [133] Unopposed MOTION for Extension of Time to File Response to 5/9/05 [119] "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended Class Action Complaint re: [52] by Defendants William S. Beans, J. Shelby Bryan by Judge Robert E. Blackburn on 4/25/05. (dlb, ) (Entered: 04/26/2005) 04/26/ MINUTE ORDER granting [133] Unopposed MOTION for Extension of Time to File Response to 5/9/05 [119] "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended Class Action Complaint re: [52] by Defendants William S. Beans, J. Shelby Bryan by Magistrate Judge Boyd N. Boland on 4/26/05. (dlb, ) (Entered: 04/28/2005) 05/09/ Dfts' Opposition (RESPONSE) to [119] "Lead Plaintiffs" MOTION for leave to File a Second Consolidated and Amended Class Action Complaint re: [52] Consolidated and AMENDED COMPLAINT [1-1] (dlb, ) (Entered: 05/10/2005) 05/09/ MOTION for Leave to File an Oversized Brief (Excess Pages) re: brief in resp to Lead Plas' Mtn for Leave to File a Second Consolidated Amended Class Action Complaint by Defendants William S. Beans, J. Shelby Bryan. (dlb, ) (Entered: 05/10/2005) 06/01/ ORDER denying [137] MOTION for Leave to File an Oversized Brief (Excess Pages) re: brief in resp to Lead Plas' Mtn for Leave to File a Second Consolidated