U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:98-cv VM

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1 US District Court Civil Docket as of 04/07/2005 Retrieved from the court on Thursday, January 05, 2006 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:98-cv VM Rosen, et al v. Livent, Inc., et al Assigned to: Judge Victor Marrero Demand: $0 Lead case: 1:98-cv VM Member cases: 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv SWK 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM 1:98-cv VM Related Case: 1:99-cv VM Cause: 15:78m(a) Securities Exchange Act Plaintiff Phyllis Rosen On behalf of Herself and all others similarly situated Date Filed: 08/11/1998 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Barry Lax Bernstein, Litowitz, Berger & Grossmann LLP 1285 Avenue of the Americans New York, NY (212) Richard Jo Kilsheimer Kaplan Fox & Kilsheimer LLP 805 Third Avenue New York, NY Fax:

2 Seth Richard Lesser Bernstein Litowitz Berger ect Avenue of the Americas 33rd Flr. New York, NY (212) V. Defendant Livent, Inc. Defendant Garth Drabinsky represented by Mark J. Stein Fried, Frank, Harris, Shriver & Jacobson One New York Plaza New York, NY (212) Fax: Defendant Myron Gottlieb represented by Lee S. Richards, III Richards, Spears, Kibbe & Orbe Address in Presently in Effect One World Financial Center New York, NY (212) Defendant Deloitte & Touche LLP TERMINATED: 12/03/1998 represented by Aric Hugo Wu Gibson, Dunn & Crutcher LLP (NYC) 200 Park Avenue, 48th Floor New York, NY Fax: John T. Behrendt Gibson, Dunn & Crutcher, L.L.P. 200 Park Avenue

3 New York, NY (212) Lee Gordon Dunst Gibson, Dunn & Crutcher, L.L.P. 200 park Avenue New York, NY Fax: Peter Justus Beshar Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY (212) Defendant H. Garfield Emerson TERMINATED: 12/03/1998 Defendant Martin Goldfarb TERMINATED: 12/03/1998 represented by Jonathan Rosenberg O'Melveny & Myers LLP Times Square TOwer 7 Times Square New York, NY Fax: Defendant A. Alfred Taubman TERMINATED: 12/03/1998 V. Consolidated Defendant Gordon Eckstein Consolidated Defendant

4 Robert Topol TERMINATED: 12/03/1998 represented by W. Sidney Davis Stanley N. Futterman 800 Second Avenue, 3rd Floor New York, NY (212) TERMINATED: 12/03/1998 Consolidated Plaintiff Myron Harris represented by Carole A. Broderick Berger & Montague, P.C Locust Street Philadelphia, PA (215) Consolidated Plaintiff Rocco Carrano on behalf of himself and all others similarly situated. represented by Andrew L. Barroway Schiffrin & Barroway, L.L.P. Three Bala Plaza East Bala Cynwyd, PA (610) Daniel Adam Osborn Beatie and Osborn 599 Lexington Avenue New York, NY (212) Russel H. Beatie, Jr. Beatie and Osborn LLP 521 Fifth Avenue, 34th Floor New York, NY (212) Fax: (212) Consolidated Plaintiff David N. Stone on behalf of himself and all others similarly situated. represented by Andrew L. Barroway Daniel Adam Osborn

5 Russel H. Beatie, Jr. Consolidated Plaintiff Khris Klimek on behalf of himself and all others similarly situated. represented by Andrew L. Barroway Daniel Adam Osborn Russel H. Beatie, Jr. Consolidated Plaintiff Daniel W. Krasner on behalf of himself and all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn Russel H. Beatie, Jr. Consolidated Plaintiff Jeffrey Parsons Individually and on behalf of Allothers Similarly Situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Schiffrin Craig & Barroway, LLP Three Bala Plaza East Suite 400 Suite 400 Bala Cynwyd, PA

6 Russel H. Beatie, Jr. Consolidated Plaintiff The Ruth Salit Trust The Ruth Salit TRust, on behalf of itself and all others similarly situtate. represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman Schiffrin Craig & Barlow, LLP Three Bala Plaza East Suite 400 Bala Cynwyd, PA Consolidated Plaintiff Theodore Rubin on behalf of himself and all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr.

7 Stuart L. Berman Consolidated Plaintiff Naomi Rubin on behlf of herself and all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff Martin Pizzuti on behalf of himself and all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff

8 David Milton on behalf of himself and all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff Steven Friedland on behalf of himself and allothers similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff Susan Stevens on behalf of herself and all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn

9 David Kessler Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff Angeline Lombardo on behalf of herself and all others similarly situated. represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff Martin Grossman on behalf of himself and all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler

10 Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff Jeff Housenbold Individually and on behalf of all others similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman Consolidated Plaintiff Steve on behalf of himself and all others similarly situated. represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman

11 Consolidated Plaintiff Steven Walsh on behalf of himself and allothers similarly situated represented by Andrew L. Barroway Daniel Adam Osborn David Kessler Russel H. Beatie, Jr. Stuart L. Berman V. Consolidated Defendant Maria Messina Consolidated Defendant Canadian Imperial Bank of Commerce represented by Howard O. Godnick Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY (212) Consolidated Defendant CIBC Wood Gundy, Inc. represented by Howard O. Godnick Cross Claimant Deloitte & Touche LLP represented by Aric Hugo Wu

12 TERMINATED: 12/03/1998 John T. Behrendt Lee Gordon Dunst Peter Justus Beshar V. Cross Defendant Garth Drabinsky represented by Mark J. Stein Cross Defendant Myron Gottlieb represented by Lee S. Richards, III Cross Defendant Gordon Eckstein Cross Defendant Robert Topol TERMINATED: 12/03/1998 represented by W. Sidney Davis TERMINATED: 12/03/1998 Date Filed # Docket Text 08/11/ CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ RECEIPT # (pl) Modified on 08/11/1998 (Entered: 08/11/1998) 08/11/1998 Magistrate Judge Eaton is so Designated. (pl) (Entered: 08/11/1998)

13 09/08/ STIPULATION AND ORDER: reset answer due for 10/30/98 for Livent, Inc. ( signed by Judge Robert W. Sweet ). (sac) (Entered: 09/09/1998) 10/13/ AFFIDAVIT in support of Stuart L. Berman by Phyllis Rosen Re: [5-1] motion to consolidate actions as set forth herein, [5-2] motion to appoint the proposed lead plaintiffs as lead plaintiffs in the captioned securities class action lawsuits, [5-3] motion to approve their selection of co-lead counsel and Liaison Counsel; (djc) (Entered: 10/27/1998) 10/14/ NOTICE OF MOTION by The Kasman Shareholder Group; for an order consolidating the following cases: 98 Civ. 5686; 98 Civ. 5731; 98 Civ. 5736; 98 Civ. 5742; 98 Civ. 5842; 98 Civ. 5884; 98 Civ. 5971; 98 Civ. 6075; 98 Civ ; for an appointment of Lead Plaintiffs pursuant to section 21d(A)(3)(b) of the Securities Exchange Act of 1934 ; and for an approval of proposed lead plaintiffs' selection of lead counsel, Return date 10/28/98 (ae) (Entered: 10/15/1998) 10/14/ MEMORANDUM OF LAW by The Kasman Shareholder Group in support of [3-1] motion for an order consolidating the following cases: 98 Civ. 5686; 98 Civ. 5731; 98 Civ. 5736; 98 Civ. 5742; 98 Civ. 5842; 98 Civ. 5884; 98 Civ. 5971; 98 Civ. 6075; 98 Civ. 6975; [3-2] for an appointment of Lead Plaintiffs pursuant to section 21d(A)(3)(b) of the Securities Exchange Act of 1934; [3-3] motion for an approval of proposed lead plaintiffs' selection of lead counsel (ae) (Entered: 10/15/1998) 10/16/ NOTICE OF MOTION by Phyllis Rosen to consolidate actions as set forth herein ; to appoint the proposed lead plaintiffs as lead plaintiffs in the captioned securities class action lawsuits and to approve their selection of co-lead counsel and Liaison Counsel, Return date 11/18/98 (djc) (Entered: 10/21/1998) 10/16/ MEMORANDUM of LAW by Phyllis Rosen in support of [5-1] motion to consolidate actions as set forth herein, [5-2] motion to appoint the proposed lead plaintiffs as lead plaintiffs in the captioned securities class action lawsuits, [5-3] to approve their selection of co-lead counsel and Liaison Counsel (djc) (Entered: 10/27/1998) 11/04/ NOTICE OF MOTION filed by Absler/Kasman for an order, to consolidate case: 98 Civ (Lead Case), 98 Civ. 5726, 98 Civ. 5731, 98 Civ. 5736, 98 Civ. 5742, 98 Civ. 5755, 98 Civ. 5842, 98 Civ. 5884, 98 Civ. 5907, 98 Civ. 5971, 98 Civ. 6075, 98 Civ. 6075, 98 Civ. 6247, 98 Civ. 6751, 98 Civ ; for an order, appointing lead pltffs ; and for an order, approving their selection of Schiffrin Craig & Barroway, LLP Berger & Montague, P.C., and Beatie & Osborn LLP as counsel Co-Lead Counsel and Milberg Weiss Bershad Hynes & Lerach, LLP as Liaison Counsel ; Return date 11/18/98. (rec'd in the night deposit box on 11/4/98 at 5:48 p.m.) (sac) Modified on 11/06/1998 (Entered: 11/06/1998) 11/04/ SUPPLEMENTAL AFFIDAVIT of Stuart L. Berman filed by Absler/Kasman Re: in support of [8-1] motion for an order, to consolidate case: 98 Civ (Lead Case), 98 Civ. 5726, 98 Civ. 5731, 98 Civ. 5736, 98 Civ. 5742, 98 Civ. 5755, 98 Civ. 5842, 98 Civ. 5884, 98 Civ. 5907, 98 Civ. 5971, 98 Civ. 6075, 98 Civ. 6075, 98 Civ. 6247, 98 Civ. 6751, 98 Civ. 6975, [8-2] motion for an order, appointing lead pltffs, [8-3] motion for an order, approving their selection of Schiffrin Craig & Barroway, LLP Berger & Montague, P.C., and Beatie & Osborn LLP as counsel

14 Co-Lead Counsel and Milberg Weiss Bershad Hynes & Lerach, LLP as Liaison Counsel. (rec'd in the night deposit box on 11/4/98 at 5:48 p.m.) (sac) Modified on 11/06/1998 (Entered: 11/06/1998) 11/16/ STIPULATION and ORDER, defendants Livent Inc.'s and Maria Messina's time to answer the complaint is extended for 45 days after any consolidated complaint is filed and served herein ( signed by Judge Robert W. Sweet ). (kw) (Entered: 11/18/1998) 12/03/ ORDER granting [8-1] motion for an order, to consolidate case: 98 Civ (Lead Case), 98 Civ. 5726, 98 Civ. 5731, 98 Civ. 5736, 98 Civ. 5742, 98 Civ. 5755, 98 Civ. 5842, 98 Civ. 5884, 98 Civ. 5907, 98 Civ. 5971, 98 Civ. 6075, 98 Civ. 6077, 98 Civ. 6247, 98 Civ. 6751, 98 Civ. 6975, granting [8-2] motion for an order, appointing lead pltffs, granting [8-3] motion for an order, approving their selection of Schiffrin Craig & Barroway, LLP Berger & Montague, P.C., and Beatie & Osborn LLP as counsel Co-Lead Counsel and Milberg Weiss Bershad Hynes & Lerach, LLP as Liaison Counsel; Defendants, other than Livent, Inc., shall answer or otherwise move with respect to the consolidated complaint within sixty days of their receipt of the consolidated complaint ; Due to the filing of a Chapter 11 Bankruptcy petition by defendant Livent, Inc. on 11/18/98 the actions are stayed as to Livent, Inc. ; Defendants, other than Livent, Inc., shall answer or otherwise move with respect to the consolidated complaint within sixty days of their receipt of the consolidated complaint. (signed by Judge Robert W. Sweet); Copies mailed (djc) Modified on 12/14/1998 (Entered: 12/07/1998) 12/03/1998 Consolidated Lead Case (djc) (Entered: 12/10/1998) 02/01/ AMENDED CLASS ACTION COMPLAINT by Phyllis Rosen (Answer due 2/16/99 for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc. ) amending [1-1] complaint; Summons issued. (cd) (Entered: 02/04/1999) 02/09/ NOTICE of change of address filed by the law firm of Bernstein, Liebhard & Lifshitz, Counsel for pltff. (jp) (Entered: 02/11/1999) 02/18/ Affidavit of service of proposed order consolidating actions pretrial order, summons and complt., jury demand as to Myron Gottlieb by personal svc. on 1/25/99 Answer due on 2/16/99 for Myron Gottlieb (ls) (Entered: 02/24/1999) 02/18/ Affidavit of service as to Garth Drabinsky by Myron Gottlieb on 1/25/99 Answer due on 2/16/99 for Garth Drabinsky (cd) (Entered: 02/24/1999) 03/23/ RETURN OF SERVICE executed as to Taubman Corp. by Dennis Hecht, vice pres., on 2/26/99. (sac) (Entered: 03/29/1999) 03/23/ Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Robert Topol by personal service on 2/25/99. (sac) (Entered: 03/29/1999) 03/23/ Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Martin Goldfard by personal service on 3/17/99. (sac) (Entered: 03/29/1999) 03/23/ Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury, as to Myron Gottlieb by personal service on 2/24/99.

15 Answer due on 3/16/99 for Myron Gottlieb (sac) (Entered: 03/29/1999) 03/23/ Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Gordon Eckstein by personal service on 2/24/99. (sac) (Entered: 03/29/1999) 03/23/ Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Deloitte & Touche by George Beqic, solicitor, on 2/24/99 (sac) (Entered: 03/29/1999) 03/23/ Affidavit of service of Consolidated Amended Class Action Complaint, Pltffs Demand Trial by Jury as to Garth Drabinsky by personal service on 3/1/99. Answer due on 3/22/99 for Garth Drabinsky (sac) (Entered: 03/29/1999) 04/14/1999 pre-trial conference held on 4/14/99 before Judge Sweet (ls) (Entered: 04/16/1999) 04/23/ Affidavit of service as to Mr. Emerson by mail on 3/24/99 (sac) (Entered: 04/27/1999) 04/23/ Affidavit of service as to Marisa Kriticos by FedEx on 3/25/99 (sac) (Entered: 04/27/1999) 05/04/ Filed Memo-Endorsement on letter by Greg A. Danilow to Judge Sweet dated 4/29/99; granting defendant H. Garfield Emersons' request for a four week extension of time until 5/27/99 to become familiarized with the allegations in this complex litigation and to prepare and answer or motion with respect to the consoldiated complaint ( signed by Judge Robert W. Sweet ) (pl) Modified on 05/06/1999 (Entered: 05/06/1999) 05/14/ NOTICE OF MOTION by Deloitte & Touche; for an Order dismissing the consolidated amended class action complaint ; Return date not indicated. (jp) (Entered: 05/18/1999) 05/14/ MEMORANDUM by Deloitte & Touche in support of [20-1] motion for an Order dismissing the consolidated amended class action complaint (jp) (Entered: 05/18/1999) 05/14/ DECLARATION of Gerard V. La Forest Re: [20-1] motion for an Order dismissing the consolidated amended class action complaint. Appendix attached. (jp) (Entered: 05/18/1999) 05/14/ DECLARATION of Peter J. Beshar Re: [20-1] motion for an Order dismissing the consolidated amended class action complaint. (jp) (Entered: 05/18/1999) 05/14/ NOTICE OF MOTION by Myron Gottlieb; for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, or in the alternative, for an order purs. to Rule 12(f) striking paragraphs and ; Return date 7/30/99. (jp) (Entered: 05/18/1999) 05/14/ MEMORANDUM by Myron Gottlieb in support of [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs

16 Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs and (jp) (Entered: 05/18/1999) 05/14/ NOTICE OF MOTION by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman; for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP ; Return date 7/28/99. Documents in support of motion attached. (jp) (Entered: 05/18/1999) 05/14/ MEMORANDUM by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman in support of [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP. Compendium of unreported authorities attached. (jp) (Entered: 05/18/1999) 05/18/ NOTICE OF MOTION by Garth Drabinsky; for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky ; or in the alternative, pursuant to F.R.C.P. 12 (f) to strike the paragraphs and of the Complaint, Return date: not indicated (pl) (Entered: 05/20/1999) 05/18/ DECLARATION by Garth Drabinsky in support of [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky; [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs and of the Complaint (pl) (Entered: 05/20/1999) 05/18/ DECLARATION by Harvey T. Strosberg in support [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky, [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs and of the Complaint (pl) (Entered: 05/20/1999) 05/19/ STIPULATION and ORDER, extending time to 6/14/99 for deft Maria Messina to answer ( signed by Judge Robert W. Sweet ). (cd) (Entered: 05/19/1999) 05/19/ STIPULATION and ORDER, that the time of defendant Gordon Eckstein to move or answer with regard to the complaint is extended to and including 6/14/99 (signed by Judge Robert W. Sweet). (ri) (Entered: 05/20/1999) 05/19/ MEMORANDUM OF LAW by Garth Drabinsky in support of [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky; [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs and of the Complaint (pl) (Entered: 05/20/1999) 05/20/ STIPULATION and ORDER, that the time for defendant Robert Topol to move against, answer or otherwise respond to the complaint is extended to 5/21/99 (signed by Judge Robert W. Sweet). (ri) (Entered: 05/21/1999)

17 05/21/ NOTICE OF MOTION by Robert Topol; for an Order dismissing the complaint as against Robert Topol purs. to FRCP 9(b) and 12(b), and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et. seq., and/or the doctrine of forum non conveniens ; Return date 7/28/99. Documents in support of motion attached. (jp) (Entered: 09/03/1999) 05/21/ MEMORANDUM by Robert Topol in support of [57-1] motion for an Order dismissing the complaint as against Robert Topol purs. to FRCP 9(b) and 12(b), and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et. seq., and/or the doctrine of forum non conveniens. (jp) (Entered: 09/03/1999) 06/17/ STIPULATION and ORDER, that the time for defendant Gordon Eckstein to move or answer with regard to the complaint is extended from 6/14/99 to and including 7/14/99 (signed by Judge Robert W. Sweet). (ri) (Entered: 06/17/1999) 07/01/ NOTICE of Name Change of Schiffrin Craig & Barroway, LLP to Schiffrin & Barroway, LLP. (djc) (Entered: 07/02/1999) 07/13/ STIPULATION and ORDER, that plaintiffs' opposition briefs in connection with the motions shall be served on 7/21/99; Defendants' reply briefs in connection with the motions shall be served on 8/25/99 ; Oral argument of the motions shall occur on 9/8/99, the date previously scheduled by the Court (signed by Judge Deborah A. Batts). (ri) (Entered: 07/15/1999) 07/13/1999 Oral argument set for 9/8/99 before Judge Robert W. Sweet re: [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky, [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP, [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [20-1] motion for an Order dismissing the consolidated amended class action complaint. (ri) Modified on 07/15/1999 (Entered: 07/15/1999) 07/22/ STIPULATION and ORDER; that the time for deft Gordon Eckstein to move or answer with regard to the complaint is extended from 7/14/99 to and including 8/16/99 ( signed by Judge Denise L. Cote, Part 1 ). (jp) (Entered: 07/22/1999) 07/22/ OPPOSITION by Phyllis Rosen re: [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP (pl) (Entered: 07/23/1999) 07/22/ OPPOSITION by Phyllis Rosen re: [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs and of the Complaint, [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs and (pl) (Entered: 07/23/1999) 07/22/ OPPOSITION by Phyllis Rosen, Livent, Inc. re: [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated

18 Amended Class Action Complaint as against Garth Drabinsky, [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs and of the Complaint, [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP, [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs and , [20-1] motion for an Order dismissing the consolidated amended class action complaint (pl) (Entered: 07/23/1999) 07/22/ DECLARATION of Jeanne A. Markey Re: Volume I with corrected copies of the attached documents. (pl) (Entered: 07/23/1999) 07/22/ DECLARATION of Jeanne A. Markey Volume II (pl) (Entered: 07/23/1999) 07/22/ OPPOSITION/RESPONSE by Phyllis Rosen to [20-1] motion for an Order dismissing the consolidated amended class action complaint (djc) (Entered: 07/26/1999) 07/22/ Affidavit of service of plaintiff's opposition to defendant Deloitte & Touche LLP's motion; plaintiffs' opposition to defendants H. Garfield Emerson, et al., Plaintiff's opposition to the motions to dismiss of Defendants Garth H. Drabinsky, et al and plaintiffs' opposition to defendants' motion to dismiss plaintiffs' consolidated amended complaint on forum non conveniens grounds of mail on 7/21/99 to the parties stated in this affidavit of service. (djc) (Entered: 07/26/1999) 08/10/1999 Terminated documents 3-1;3-2;3-3;5-1;5-2;5-3 pursuant to instructions of Judge Sweet. (rag) (Entered: 08/10/1999) 08/20/ NOTICE OF CHANGE OF FIRM'S ADDRESS filed by Phyllis Rosen (sac) (Entered: 08/23/1999) 08/23/ STIPULATION and ORDER, reset answer due for 9/15/99 for Gordon Eckstein ( signed by Judge Robert W. Sweet ). (sn) (Entered: 08/24/1999) 08/25/ REPLY MEMORANDUM by Myron Gottlieb re: in further support of [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety, [24-2] motion for an order purs. to Rule 12(f) striking paragraphs and (rec'd in the night deposit box on 8/25/99 at 5:16 p.m.) (sac) (Entered: 08/26/1999) 08/25/ AFFIDAVIT of David R. Richards by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman Re: [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP. (jp) (Entered: 08/26/1999) 08/25/ REPLY MEMORANDUM by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman in support of: [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP. Documents in support attached. (jp) (Entered: 08/26/1999) 08/25/ Reply affidavit of Eric M. Roth by H. Garfield Emerson, Martin Goldfarb, A. Alfred Taubman in support of [26-1] motion for an Order dismising the complaint

19 purs. to Rules 9(b) and 12(b)(6) of the FCRP (jp) (Entered: 08/26/1999) 08/25/ REPLY MEMORANDUM by Deloitte & Touche in further support of : [20-1] motion for an Order dismissing the consolidated amended class action complaint. Appendix Attached. (jp) Modified on 08/26/1999 (Entered: 08/26/1999) 08/25/ DECLARATION of Peter J. Beshar by Deloitte & Touche in support of: [20-1] motion for an Order dismissing the consolidated amended class action complaint. (jp) (Entered: 08/26/1999) 08/25/ DECLARATION of Gerard V. La Forest by Deloitte & Touche Re: [20-1] motion for an Order dismissing the consolidated amended class action complaint. (jp) (Entered: 08/26/1999) 08/26/ DECLARATION of Harvey T. Strosberg by Garth Drabinsky in further support of motion to dismiss the complaint and purs to 28 U.S.C. section (djc) (Entered: 08/27/1999) 08/26/ REPLY MEMORANDUM of LAW by Garth Drabinsky in Further support of Garth H. Drabinsky's motion to dismiss the complaint or in the alterntive, to strike certain allegations. (djc) (Entered: 08/27/1999) 09/07/ NOTICE OF MOTION for an order, purs. to Rule 1.3(c) of the Local Rules, allowing the admission of movant, Jeanne A. Markey, to appear pro hac vice to argue or try this case in whole or in part as counsel ; Return date not indicated. (sac) (Entered: 09/08/1999) 09/07/ AFFIDAVIT of Daniel A. Osborn in support Re: [59-1] motion for an order, purs. to Rule 1.3(c) of the Local Rules, allowing the admission of movant, Jeanne A. Markey, to appear pro hac vice to argue or try this case in whole or in part as counsel. (sac) (Entered: 09/08/1999) 09/09/ NOTICE OF MOTION filed by movants; for an order, purs. to Rule 1.3(c), allowing the admission of movants, members of the firm of Berger & Montague, P.C. and members in good standing of the Bar of the State of Pennsylvania, as attys pro hac vice to argue or try this case in whole or in part as counsel ; Return date not indicated. (sac) (Entered: 09/10/1999) 09/09/ REPLY MEMORANDUM by Maria Messina re: in support of her motion to dismiss the Consolidated Class Action Complaint (sac) (Entered: 09/10/1999) 09/14/ Memo endorsed on plaintiff's pro hac vice motion; There being no opposition, motion is granted allowing the admission of movants, members of the firm of Berger & Montague, P.C. as attorneys pro hac vice to argue or try this case in whole or in part as counsel ; (signed by Judge Robert W. Sweet); Copies mailed. Docmt forwarded to Atty Admissions Clerk. (djc) Modified on 09/15/1999 (Entered: 09/15/1999) 09/16/1999 Memo endorsed on motion; granting [59-1] motion for an order, purs. to Rule 1.3(c) of the Local Rules, allowing the admission of movant, Jeanne A. Markey, to appear pro hac vice to argue or try this case in whole or in part as counsel. Motion granted, no opposition. ( signed by Judge Robert W. Sweet ); Copies mailed. (Sent document to Attorney Admission Clerk) (kw) Modified on 09/17/1999 (Entered: 09/17/1999)

20 09/16/1999 Memo endorsed on motion; granting [61-1] motion for an order, purs. to Rule 1.3(c), allowing the admission of Sherrie R. Savett and Arthur Stock, members of the firm of Berger & Montague, P.C. and members in good standing of the Bar of the State of Pennsylvania, as attys pro hac vice to argue or try this case in whole or in part. ( signed by Judge Robert W. Sweet ); Copies mailed; sent orig. doc. to the Attorney Admissions Clerk on 9/17/99 (ae) (Entered: 09/17/1999) 09/17/ ORDER, The motion for admission of Jeanne A. Markey to practice pro hac vice in this matter is granted. An attorney admitted to practice pro hac vice is required to pay a $25.00 attorney admission fee and present this Order to the intake deputy clerk in the Clerk's Office. The attorney admitted pro hac vice must serve a copy of this Order on all other counsel in this case. ( signed by Judge Robert W. Sweet ); Copies mailed. (sn) (Entered: 09/21/1999) 09/20/ ORDER, that the time for defendant Gordon Eckstein to move or answer with regard to the complaint is extended from 9/15/99 to and including 10/21/99 (signed by Judge Robert W. Sweet); Copies mailed. (ri) (Entered: 09/21/1999) 12/01/ STIPULATION AND ORDER: reset answer due for 1/5/00 for Gordon Eckstein. ( signed by Judge Robert W. Sweet ) (sac) Modified on 12/03/1999 (Entered: 12/02/1999) 12/13/ OPINION #83208, granting in part, denying in part [57-1] motion for an Order dismissing the complaint as against Robert Topol purs. to FRCP 9(b) and 12(b), and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et. seq., and/or the doctrine of forum non conveniens; granting in part, denying in part [30-1] motion for an order pursuant to F.R.C.P. 9(b) and 12(b)(6), 15 U.S.C. section 78u-4(b) and/or the doctrine of forum non conveniens to dismiss in its entirety the Consolidated Amended Class Action Complaint as against Garth Drabinsky; granting in part, denying in part [26-1] motion for an Order dismising the complaint purs. to Rules 9(b) and 12(b)(6) of the FCRP; granting in part, denying in part [24-1] motion for an Order purs. to the FRCP, Rules 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., dismissing the pltffs Consolidated Amended Class Action Complaint in its entirety; granting in part, denying in part [20-1] motion for an dismissing the consolidated amended class action complaint; granting in part, denying in part [30-2] motion pursuant to F.R.C.P. 12 (f) to strike the paragraphs and the Complaint; granting in part, denying in part [24-2] motion for an order purs. to Rule 12(f) striking paragraphs and ; settle judgment on notice ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) Modified on 04/04/2000 (Entered: 12/13/1999) 12/14/ NOTICE OF MOTION by Maria Messina for an order, dismissing the Complaint against her purs. to FRCP Rules 9(b) and 12(b)(6), the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., and the doctrine of forum non conveniens ; Return date not indicated. (Document originally received in Clerk's Office on 6/14/99. Received for docketing from Judge Sweet's Chambers on 12/14/99). (sac) Modified on 04/04/2000 (Entered: 12/15/1999) 12/14/ MEMORANDUM OF LAW by Maria Messina in support of [67-1] motion for an order, dismissing the Complaint against her purs. to FRCP Rules 9(b) and 12(b)(6), the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et

21 seq., and the doctrine of forum non conveniens. (Document originally received in Clerk's Office on 6/14/99. Received for docketing from Judge Sweet's Chambers on 12/14/99). (sac) Modified on 04/04/2000 (Entered: 12/15/1999) 01/04/ ORDER; that the [67-1] motion for an order, dismissing the Complaint against her purs. to FRCP Rules 9(b) and 12(b)(6), the Private Securities Litigation Reform Act of 1995, codified at 15 U.S.C. 78 et seq., and the doctrine of forum non conveniens are denied; the motions by Drabinsky and Gottlieb to strike certain allegations in the complaint purs. to Federal Rule 12(f) are denied ; the motions by the Outside Directors and D&T to dismiss the complaint purs. to Federal Rule 9(b) and 12(b)(6) are granted without prejudice to pltffs' filing and serving a second amended complaint within 60 days of the entry of this Order. ( signed by Judge Robert W. Sweet ); Copies mailed. (jp) Modified on 04/04/2000 (Entered: 01/05/2000) 01/17/ NOTICE OF MOTION by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh for leave to file their supplemental consolidated amended class action complaint ; Return date not indicated. (djc) Modified on 04/04/2000 (Entered: 01/20/2000) 01/18/ STIPULATION and ORDER, reset answer to complaint due for 1/27/00 for Gordon Eckstein. (signed by Judge Richard Owen)(djc) Modified on 04/04/2000 (Entered: 01/20/2000) 02/07/ Affidavit of service of Summons and Complaint, as to CIBC Wood Gundy Securities on 1/13/00. (jp) Modified on 04/04/2000 (Entered: 02/08/2000) 02/15/ SEALED DOCUMENT placed in vault. (da) Modified on 04/04/2000 (Entered: 02/16/2000) 02/17/ SUPPLEMENTAL CONSOLIDATED AMENDED CLASS ACTION COMPLAINT filed by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Rubin, Martin Pizzuti, David Milton, Steven Friedland, Stevens, Angeline Lombardo, Maria Messina, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh (Answer due 3/1/00 Maria Messina, for Gordon Eckstein, for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc. ) amending [12-1] amended complaint ; Summons issued. (jp) Modified on 04/04/2000 (Entered: 02/18/2000) 02/17/2000 Memo endorsed on motion; granting [71-1] motion for leave to file their supplemental consolidated amended class action complaint, No opposition. ( signed by Judge Robert W. Sweet ); Copies mailed. (sac) (Entered: 02/18/2000) 03/13/ STIPULATION and ORDER; pltffs will serve their second amended complt. on or before 3/10/00 ; defts will answer, move or otherwise respond to the second amended complt. on or before 4/30/00; if motions to dismiss are filed, pltffs will file their responsive papers on or before 5/26/00, and defts will file reply papers on or before 6/19/00 ; ( signed by Judge Leonard B. Sand, Part I ) (ls) Modified on 04/04/2000 (Entered: 03/14/2000)

22 03/13/2000 Deadline(s) updated: answer to the second amended complaint due for 4/30/00 for A. Alfred Taubman, for Martin Goldfarb, for H. Garfield Emerson, for Deloitte & Touche, for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc.. (kg) (Entered: 03/15/2000) 03/15/ SEALED DOCUMENT placed in vault. (da) Modified on 04/04/2000 (Entered: 03/20/2000) 03/15/ SEALED DOCUMENT placed in vault. (da) Modified on 04/04/2000 (Entered: 03/20/2000) 03/16/ SECOND AMENDED COMPLAINT by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Maria Messina, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh (Answer due 4/5/00 for Maria Messina, for Robert Topol, for Gordon Eckstein, for A. Alfred Taubman, for Martin Goldfarb, for H. Garfield Emerson, for Deloitte & Touche, for Myron Gottlieb, for Garth Drabinsky, for Livent, Inc. amending [74-1] amended complaint; Summons issued. (cd) Modified on 04/04/2000 (Entered: 03/17/2000) 03/16/ DEMAND for jury trial by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Maria Messina, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh (cd) Modified on 04/04/2000 (Entered: 03/17/2000) 04/24/ ANSWER to Second Consoldiated Amended Class Action Complaint by Garth Drabinsky (Attorney Mark J. Stein from the Firm: Fried, Frank, Harris, Shriver). (pl) (Entered: 04/25/2000) 04/24/ Notice of reassignment to Judge Victor Marrero. Copy of notice and judge's rules mailed to Attorney(s) of record: Richard J. Kilsheimer, Barry Lax, Seth Richard Lesser. (em) (Entered: 04/28/2000) 04/28/ ANSWER to Complaint by Myron Gottlieb (Attorney Lee S. Richards from the Firm: Richards Spears) (cd) (Entered: 05/01/2000) 05/01/ Memo-Endorsement on letter addressed to Judge Marrero from Howard O. Godnick, dated 4/25/00. Re: defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities, Inc. request leave to file a brief in excess of the Court's 25 page limit. Petition granted. Memorandum not to exceed 40 pages ; ( signed by Judge Victor Marrero ); copies mailed. (kw) (Entered: 05/02/2000) 05/01/ Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 4/25/00. Re: defendant Deloitte & Touche Canada requests leave to file a memorandum of law of up to 40 pages. Petition granted. Memorandum not to exceed 40 pages ; ( signed by Judge Victor Marrero ); copies mailed. (kw) (Entered: 05/02/2000) 05/01/ Memo-Endorsement on letter addressed to Judge Marrero from Eric M. Roth, dated 4/25/00; Re: counsel requests leave to file a brief in support of the outside directors'

23 motion to dismiss of up to 50 dages in length; petition granted; memorandum not to exceed 50 pages ( signed by Judge Victor Marrero ); Copies mailed. (lam) (Entered: 05/02/2000) 05/01/ NOTICE OF MOTION by Deloitte & Touche to dismiss pltffs' Second Consolidated Amended Class Action Complaint. Return date not indicated. (lam) (Entered: 05/03/2000) 05/01/ MEMORANDUM OF LAW by Deloitte & Touche in support of [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint (lam) (Entered: 05/03/2000) 05/01/ DECLARATION of Peter J. Beshar, atty for Deloitte & Touche in support Re: [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint (lam) (Entered: 05/03/2000) 05/01/ NOTICE OF MOTION by H. Garfield Emerson, Martin Goldfarb, and A. Alfred Taubman; for an order dismissing the complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP ; affidavit of Eric M. Roth; no return date indicated. (kw) (Entered: 05/03/2000) 05/01/ MEMORANDUM OF LAW by H. Garfield Emerson, Martin Goldfarb, and A. Alfred Taubman in support of [89-1] motion for an order dismissing the complaint pursuant to Rules 9(b) and of the FRCP. Attached is a compendium of unreported authorities cited in the joint memorandum of law in support of the outside directors' motion to dismiss the complaint. (kw) (Entered: 05/03/2000) 05/01/ NOTICE OF MOTION by defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities; for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety ; no return date indicated. Received in the night deposit box on 5/1/00 at 8:29 p.m. (kw) Modified on 05/03/2000 (Entered: 05/03/2000) 05/01/ AFFIDAVIT of Howard O. Godnick in support Re: [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety. Received in the night deposit box on 5/1/00 at 8:29 p.m. (kw) (Entered: 05/03/2000) 05/01/ MEMORANDUM OF LAW of defendants Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities, Inc. in support of [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety. Received in the night deposit box on 5/1/00 at 8:29 p.m. (kw) (Entered: 05/03/2000) 05/31/ Memo-Endorsement on letter addressed to Judge Marrero from Daniel A. Osborn, dated 5/24/00. Re: plaintiff requests leave to file briefs in support of their oppositions in excess of the 25 page limit set forth in Your Honor's Individual Practice Rules; Request granted. Plaintiff's submission shall not exceed 40 pages. ( signed by Judge Victor Marrero ); Copies mailed. (ri) (Entered: 06/01/2000) 06/01/ MEMORANDUM OF LAW by Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan

24 Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of their motion in opposition to Canadian Imperial Bank of Commerce and CIBC Wood Gundy's Motion to Dismiss Plaintiffs' Second Consolidated Amended Class Action Complaint; w. Appendix of Unreported Decisions. (djc) (Entered: 06/05/2000) 06/01/ AFFIDAVIT of David Kessler by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in support of Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss Plaintiffs' Second Consolidated Amended Complaint; (djc) (Entered: 06/05/2000) 06/01/ BRIEF by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh in Opposition to [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint (djc) (Entered: 06/05/2000) 06/01/ Opposition/RESPONSE by Phyllis Rosen, Myron Harris, Rocco Carrano, David N. Stone, Khris Klimek, Daniel W. Krasner, Jeffrey Parsons, The Ruth Salit Trust, Theodore Rubin, Naomi Rubin, Martin Pizzuti, David Milton, Steven Friedland, Susan Stevens, Angeline Lombardo, Martin Grossman, Jeff Housenbold, Steve, Steven Walsh to [89-1] motion for an order dismissing the complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP (djc) (Entered: 06/05/2000) 06/09/ Memo-Endorsement on letter addressed to Judge Marrero from Howard O. Godnick, dated 6/8/00; granting counsel for defts Canadian Imperial Bank of Commerce and CIBC Wood Gundy Secruities, Inc's request for leave to file a brief of no more than 25 pages, in further support of their motion to dismiss the Second Amended Complt. in this action ; ( signed by Judge Victor Marrero ); Copies mailed. (lf) (Entered: 06/09/2000) 06/13/ Memo-Endorsement on letter addressed to Judge Marrero from Peter J. Beshar, dated 6/12/00. Granting Deloitte & Touche Chartered Accountants' requests to file a memorandum of law of no more than 25 pages ; ( signed by Judge Victor Marrero ); copies mailed. (kw) (Entered: 06/14/2000) 06/19/ Reply AFFIDAVIT of Eric M. Roth by A. Alfred Taubman in support of [89-1] motion for an order dismissing the complaint to Rules 9(b) and 12(b)(6) of the FRCP. (kw) (Entered: 06/21/2000) 06/19/ JOINT REPLY MEMORANDUM by H. Garfield Emerson, Martin Goldfarb, and A. Alfred Taubman in support of re: [89-1] motion for an order dismissing the complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP. (kw) (Entered: 06/21/2000) 06/19/ REPLY MEMORANDUM by Deloitte & Touche in further support of re: [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint. (kw) (Entered: 06/21/2000)

25 06/22/ REPLY MEMORANDUM filed by defts Canadian Imperial Bank of Commerce and CIBC Wood Gundy Securities re: in support of their [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in its entirety (lam) (Entered: 06/27/2000) 08/08/ Memo-Endorsement on letter addressed to Judge Marrero from Eric M. Roth, dated 6/13/00. Re: defendant requests leave to file a brief of no more than 25 pages. Request granted. Defendant's reply brief shall not exceed 25 pages. ( signed by Judge Victor Marrero ); Copies mailed. (kw) (Entered: 08/09/2000) 01/25/ NOTICE of Change of Address of counsel to CIBC. (djc) (Entered: 01/31/2001) 02/01/ Transcript of record of proceedings before Judge Victor Marrero on 12/21/00. (kw) (Entered: 02/01/2001) 06/29/ DECISION AND ORDER; denying [91-1] motion for an order pursuant to Rule 12(b)(6) of the FRCP dismissing the complaint against in entirety; granting [89-1] motion for an order dismissing complaint pursuant to Rules 9(b) and 12(b)(6) of the FRCP, granting in part, denying in part [86-1] motion to dismiss pltffs' Second Consolidated Amended Class Action Complaint. ( signed by Judge Victor Marrero ); Copies mailed. (pl) (Entered: 07/05/2001) 07/06/ NOTICE of Firm Name Change by Martin Goldfarb; the law firm of O'Sullivan Graev and Karabell LLP has changed its name to O'Sullivan LLP. (kkc) (Entered: 07/09/2001) 07/16/ NOTICE OF MOTION by Deloitte & Touche for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01 ; and for an order, dismissing pltffs' 2nd Consolidated Amended Class Action Complaint against D&T Canada ; Return date not indicated. (rec'd in the night deposit box on 7/16/01 at 7:34 p.m.) (sac) Modified on 07/19/2001 (Entered: 07/18/2001) 07/16/ MEMORANDUM OF LAW by Deloitte & Touche in support of [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01, [110-2] motion for an order, dismissing pltffs' 2nd Consolidated Amended Class Action Complaint against D&T Canada. (rec'd in the night deposit box on 7/16/01 at 7:34 p.m.) (sac) (Entered: 07/18/2001) 07/16/ NOTICE OF MOTION by Canadian Imperial, CIBC Wood Gundy Inc. ; for an order for reconsideration of [108-1] order. Return date: not indicated (pl) Modified on 07/19/2001 (Entered: 07/19/2001) 07/16/ MEMORANDUM OF LAW by Canadian Imperial, CIBC Wood Gundy Inc. in support of [113-1] motion for an order for reconsideration of [108-1] order. (pl) (Entered: 07/19/2001) 07/18/ STIPULATION and ORDER; that defendant Canadian Imperial Bank of Commerce and CIBC Wood Gundy Inc. shall answer the plaintiffs' second consolidated amended complaint on or before 7/31/01. ( signed by Judge Victor Marrero ) (kkc) (Entered: 07/19/2001) 07/23/ ORDER; set case management conference for 2:00 9/7/01, in Courtroom 618, at 40 Centre Street, N.Y.C.. ( signed by Judge Victor Marrero ); Copies mailed. (pl) (Entered: 07/25/2001)

26 07/27/ AFFIRMATION OF SERVICE of a copy of the memo endorsed Stipulation and Order signed 7/17/01, file stamped 7/18/01, by facsimile transmission on 7/25/01. (sn) (Entered: 08/01/2001) 08/15/ AFFIDAVIT OF SERVICE of Memorandum by U.S. Postal Service on 8/15/01. (bai) (Entered: 08/20/2001) 08/15/ AFFIDAVIT OF SERVICE of Memorandum by U.S. Postal Service on 8/15/01. (bai) (Entered: 08/20/2001) 08/15/ MEMORANDUM OF LAW by Phyllis Rosen in response to [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01. (docmt received in nig ht dep. on 08/15/01 at 7:37p.m.) (djc) (Entered: 08/21/2001) 08/15/ MEMORANDUM OF LAW by Phyllis Rosen in opposition to [113-1] motion for an order for reconsideration of [108-1] order. (djc) (Entered: 08/21/2001) 08/24/ ORDER, reset status conference for 2:15 p.m. on 9/21/01 ; reset case management conference for 2:15 p.m. on 9/21/01 ; requests for adjournment will not be entertained for any reasons. The Clerk of Court is directed to serve a copy of this notice by certified mail, to be received no later than 8/28/01 to every attorney of record in the cases of this document. ( signed by Judge Victor Marrero ); Copies mailed. (kw) (Entered: 08/24/2001) 08/24/ Memo-Endorsement on letter addressed to Judge Marrero from Daniel A. Osborn, dated 8/21/01, Plaintiff's request for extension of time for status conference is granted. The 9/7/01 conference and all Livent matters is rescheduled to 9/21/01 at 2:15 p.m. The Court notes for the record that in view of the multiple partners here involved its Order scheduling the 9/7/01 was docketed in the public record of all the actions. ( signed by Judge Victor Marrero ); Copies mailed. (tp) Modified on 08/28/2001 (Entered: 08/27/2001) 09/04/ REPLY MEMORANDUM by Canadian Imperial, and CIBC Wood Gundy Inc. further support of re: [113-1] motion for an order for reconsideration of [108-1] order. (kw) (Entered: 09/06/2001) 09/04/ REPLY MEMORANDUM by Deloitte & Touche in support of its [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01, [110-2] motion for an order, dismissing pltffs' 2nd Consolidated Amended Class Action Complaint against D&T Canada. (Received in the night deposit box on 9/4/01 at 6:30 p.m.) (tp) Modified on 09/06/2001 (Entered: 09/06/2001) 09/04/ APPENDIX of unreported decisions cited in the reply memorandum of law of defendantby Deloitte & Touche Chartered Accountants in further support of its motion for reconsideration. (Received in night deposit box on 9/4/01 at 6:30 p.m.) (tp) Modified on 09/06/2001 (Entered: 09/06/2001) 09/25/ ERRATA; the Decision and Order dated 6/29/01 is amended as follows: page 92, line 2: the word "auditors" is stricken and the word "Livent" is added in its place; page 96, line 16: the dollar figure "$24,735,049" is amended to read "$25, ". ( signed by Judge Victor Marrero ); Copies mailed. (kkc) (Entered: 09/25/2001) 09/25/ ORDER denying [110-1] motion for an order, granting reconsideration of the Court's Decision and Order, dated 6/29/01; denying [113-1] motion for an order for

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