U.S. District Court Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:03-cv FJG

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1 US District Court Civil Docket as of 09/08/2005 Retrieved from the court on Wednesday, July 19, 2006 U.S. District Court Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:03-cv FJG Smith v. Interstate Bakeries Corp. et al Assigned to: District Judge Fernando J. Gaitan, Jr Cause: 15:78m(a) Securities Exchange Act Walter E. Smith on behalf of himself and all others similarly situated Date Filed: 02/19/2003 Jury Demand: Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question represented by Daniel W. Krasner Wolf, Haldenstein, Adler, Freeman & Herz 270 Madison Avenue Suite 900 New York, NY (212) Fax: (212) Wolf, Haldenstein, Adler, Freeman & Herz 270 Madison Avenue Suite 900 New York, NY (212) Fax: (212) James E. Miller Shepherd,Finkelman, Miller & Shah, LLC 65 Main Street Chester, CT (860) Michael J. Flannery Carey & Danis Law Firm, PC

2 8235 Forsyth Boulevard Suite 1100 St. Louis, MO (314) Fax: (314) Broadhollow Road Suite 406 Melville, NY Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY Samuel Rudman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 200 Broadhollow Road Suite 406 Melville, NY (631) Tim Eugene Dollar The Law Offices of Tim Dollar, LC 1100 Main Street Suite 2600 Kansas City, MO (816) Fax: (816) TERMINATED: 04/10/2003 Don R. Lolli Dysart Taylor Lay Cotter & McMonigle, PC 4420 Madison Avenue

3 Kansas City, MO (816) Fax: (816) Eric Berger individually and on behalf of all others similarly situated represented by Daniel W. Krasner Don R. Lolli Detective William Green individually, and on behalf of a Class of Persons Similary Situated represented by Andrew M. Schatz Schatz & Nobel, PC 1 Corporate Center Suite 1700 Hartford, CT (860) Daniel W. Krasner Diane A. Nygaard

4 Nygaard Law Firm, PA 4501 College Boulevard Suite 260 Leawood, KS (913) Fax: (816) Jeffrey S Nobel Schatz & Nobel, PC 1 Corporate Center Suite 1700 Hartford, CT (860) Justin S Kudler Schatz & Nobel, PC 1 Corporate Center Suite 1700 Hartford, CT (860) Jerry W Pence Individually, and on behalf of a Class of Persons similarly situated represented by Andrew M. Schatz

5 Daniel W. Krasner Diane A. Nygaard Jeffrey S Nobel Justin S Kudler Jane R Pence Individually, and on behalf of a Class of Persons similarly situated represented by Andrew M. Schatz Daniel W. Krasner Diane A. Nygaard

6 Jeffrey S Nobel Justin S Kudler EZRA CHARITABLE TRUST on behalf of itself and all others similarly situated represented by Daniel W. Krasner Don R. Lolli Mel E. Lifshitz Bernstein, Liebhard & Lifshitz, LLP 10 East 40th Street, 22nd Floor New York, NY (212) Fax: (212)

7 Liberata Gibbone on behalf of herself and all other similarly situated represented by Daniel W. Krasner James J Rosemergy Carey & Danis Law Firm, PC 8235 Forsyth Boulevard Suite 1100 St. Louis, MO (314) Fax: (314) jrosemergy@careydanislaw.com Marc A Topaz Schiffrin & Barroway, LLP 208 King of Prussia Road Radnor, PA (610) Michael J. Flannery

8 Samuel Rudman Sean M Handler Schiffrin & Barroway, LLP 280 King of Prussia Road Radnor, PA (610) Fax: (610) ecf_filings@sbclasslaw.com Bernard Segal Trustee of the Bernard Segal P.C. Pension Trust, Individually and on Behalf of All Others Similarly Situated represented by Andrew M. Schatz Daniel W. Krasner Diane A. Nygaard Gregory M. Nespole Gustavo, Bruckner 270 Madison Avenue New York, NY (212)

9 Jeffrey S Nobel Justin S Kudler Paul Vanderwerf on behalf of himself and all others similarly situated represented by Daniel W. Krasner Jan Pleasant Helder, Jr. Helder Law Firm 2300 Main Street 9th Floor Kansas City, MO (816) Fax: (816) jan@helderlaw.com

10 William W. Sellers 215 Huntington Road Kansas City, MO (816) Municipal Employees' Retirement System of Michigan as Lead represented by Daniel W. Krasner Don R. Lolli City of St. Clair Shores General Retirement System as Lead Plantiff represented by Daniel W. Krasner

11 Don R. Lolli City of Roseville Employees Retirement System as Lead represented by Daniel W. Krasner Don R. Lolli Dysart Taylor Lay Cotter & McMonigle, PC 4420 Madison Avenue Kansas City, MO (816) Fax: (816)

12 V. Defendant Interstate Bakeries Corp. represented by Colby A. Smith Debevoise & Plimpton 555 Thirteenth Street, N.W. Suite 1100 Washington, DC (202) Daniel Bukovac Stinson Morrison Hecker, LLP 1201 Walnut Street Suite 2900 Kansas City, MO (816) Fax: (816) Ralph C Ferrara Debevoise & Plimpton 555 Thirteenth Street, NW Suite 1100 Washington, DC (202) Defendant Frank W. Coffey represented by Colby A. Smith Ralph C Ferrara Defendant

13 Mark Dirkes TERMINATED: 10/03/2003 Defendant James R. Elsesser represented by Colby A. Smith Ralph C Ferrara Defendant Robert P. Morgan TERMINATED: 10/03/2003 Defendant Charles A. Sullivan represented by Colby A. Smith Ralph C Ferrara Defendant Richard D. Willson TERMINATED: 10/03/2003 Defendant Paul E. Yarick TERMINATED: 10/03/2003 interested party Robert Hernandez represented by Robert Hernandez 8323 E. Quiet Canyon Ct. Anaheim, CA (714) PRO SE

14 Date Filed # Docket Text 02/20/ COMPLAINT for Violation of Federal Securities Laws against all defendants (Filing fee $ 150 receipt number ) Service due by 6/20/2003, filed by Tim Eugene Dollar on behalf of Walter E. Smith. (Attachments: # 1 Exhibit Certificate of Named )(Dollar, Tim) Additional attachment(s) added on 2/21/2003 (Kee, Georgia). (Entered: 02/20/2003) 02/21/ Notice of EAPN (Kee, Georgia) (Entered: 02/21/2003) 04/04/ MOTION to withdraw as attorney filed by Tim Eugene Dollar on behalf of Walter E. Smith Suggestions in opposition/response due by 4/21/2003 (Dollar, Tim) (Entered: 04/04/2003) 04/10/ ORDER granting [#3] motion to withdraw as attorney. Attorney Tim Eugene Dollar terminated as counsel for plaintiff. (Enss, Rhonda) (Entered: 04/10/2003) 05/06/ STIPULATION and [Proposed] Order to Consolidate the Actions, Appoint Lead and Approve Lead s' Selection of Lead and Liaison Counsel by Walter E. Smith. (Lolli, Don) (Entered: 05/06/2003) 06/09/ STIPULATION And [Proposed] Order of Consolidation and Extending Defendant's Time to Move, Answer or Otherwise Respond by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 06/09/2003) 06/10/ NOTICE of Endorsement by Walter E. Smith and Liberata Gibbone (Rosemergy, James) (Entered: 06/10/2003) 06/11/ DISCLOSURE OF CORPORATE INTERESTS Certificate of Interest of Defendant Interstate Bakeries Corporation filed by Daniel Bukovac on behalf of Defendant Interstate Bakeries Corp..(Bukovac, Daniel) (Entered: 06/11/2003) 08/07/ ORDER re 5 Stipulation and 6 Stipulation - Case Nos , , , , , & are consolidated for all purposes. Clerk is directed to administratively join Eric Berger, William Green, Jerry W. Pence, Jane R. Pence, Ezra Charitable Trust, Liberatore Gibbone, Bernard Segal and Paul Vanderwerf with Walter E. Smith as plaintiffs in Case No Clerk is directed to dismiss Case Nos , , , , , and Parties shall file all matters pertaining to this action under caption Walter E. Smith, et al. v. Interstate Bakeries Corp., et al., Case No Movant Municipal Employees' Retirement System of Michigan, City of St. Clair Shores General Retirement System and City of Roseville Employees Retirement System is provisionally appointed as lead plaintiff. Provisional determination shall be reviewed upon completion of parties' briefing regarding class certification. Milberg Weiss and Cauley Geller are provisionally approved to serve as lead counsel. Dysart Taylor is provisionally approved to serve as liaison counsel. Provisional determination to be reviewed upon completion of parties' briefing regarding class certification. Provisional lead plaintiff will file and serve consolidated class action complaint 60 days from date of this order. Defendants shall have 45 days after

15 filing of consolidated complaint to move, answer, or otherwise respond. In event defendants respond to consolidated complaint by filing a motion, lead plaintiff shall have 30 days after filing to respond. Defendants may reply to plaintiff's opposition w/i 21 days after filing. From date of entry of this order, all parties shall comply with stay provisions (see order for details). Joint proposed scheduling order due 8/20/2003 that culminates in submission of briefs to Court regarding all issues pertaining to class certification. (Enss, Rhonda) (Entered: 08/07/2003) 08/20/ Joint PROPOSED SCHEDULING ORDER Motion by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 08/20/2003) 08/25/ NOTICE of Endorsement by Eric Berger, EZRA CHARITABLE TRUST on Joint Motion for Proposed Scheduling Order (Lolli, Don) (Entered: 08/25/2003) 10/03/ AMENDED COMPLAINT and Consolidated Class Action Complaint for Violations of the Federal Securities Law against all defendants Service due by 2/2/2004, filed by Don R. Lolli on behalf of Walter E. Smith.(Lolli, Don) (Entered: 10/03/2003) 10/08/ ORDER - Status/Scheduling teleconference set for 10/20/2003 at 10:30 AM before Fernando Gaitan. (Enss, Rhonda) (Entered: 10/08/2003) 10/20/ Motion and Order to appear pro hac vice granting appearance of Attorney Colby A. Smith for Interstate Bakeries Corp.; Charles A. Sullivan; Frank W. Coffey and James R. Elsesser. Fee paid; receipt number (Beard, Melanie) (Entered: 10/21/2003) 10/20/ Motion and Order to appear pro hac vice granting appearance of Attorney Ralph C Ferrara for Interstate Bakeries Corp.; Charles A. Sullivan; Frank W. Coffey and James R. Elsesser. Fee paid; receipt number (Beard, Melanie) (Entered: 10/21/2003) 10/23/ ORDER - court grants stay of its existing scheduling orders until next conference in light of settlement discussions. Status teleconference set for 12/12/2003 at 10:30 AM before Fernando Gaitan. In event settlement cannot be reached, parties to submit by 9:00 a.m. on 12/12/03 a joint recommendation as to how to proceed. (Enss, Rhonda) (Entered: 10/23/2003) 12/23/ Joint MOTION for protective order Joint Motion for Interim Protective Order filed by Daniel Bukovac on behalf of all parties Suggestions in opposition/response due by 1/7/2004 (Bukovac, Daniel) (Entered: 12/23/2003) 12/23/ Joint PROPOSED SCHEDULING ORDER Proposed Joint Mediation Scheduling Recommendation by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 12/23/2003) 12/29/ NOTICE of Endorsement by Eric Berger, EZRA CHARITABLE TRUST, Walter E. Smith re 17 Joint MOTION for protective order Joint Motion for Interim Protective Order (Lolli, Don) (Entered: 12/29/2003) 12/29/ NOTICE of Endorsement by Eric Berger, EZRA CHARITABLE TRUST, Walter E. Smith re 18 Proposed Scheduling Order on Joint Mediation Scheduling Recommendation (Lolli, Don) (Entered: 12/29/2003)

16 12/30/ Interim Protective ORDER for Purposes of Mediation Only [#17] (Enss, Rhonda). (Entered: 12/30/2003) 01/05/ ORDER - on or before 1/16/04 parties shall file joint notice identifying a neutral third party who will conduct a mediation. Failure to do so shall result in Court assigning a mediator; on or before 2/20/04, parties shall participate in an initial medication session; parties shall file a joint Status Report by 2/27/2004; should parties not reach a settlement, defendant shall file answer or otherwise respond to consolidated complaint w/i 30 days of filed notification that mediation has failed; court adopts parties' recommendation regarding limits on authority of mediator; matter stayed during period of mediation. (Enss, Rhonda) (Entered: 01/05/2004) 01/16/ NOTICE of filing by Frank W. Coffey, James R. Elsesser, Interstate Bakeries Corp., Charles A. Sullivan Parties' Joint Notice Identifying Mediator (Bukovac, Daniel) (Entered: 01/16/2004) 01/22/ NOTICE of Endorsement by Eric Berger, EZRA CHARITABLE TRUST, Walter E. Smith (Lolli, Don) (Entered: 01/22/2004) 02/27/ STATUS REPORT PARTIES' JOINT STATUS REPORT by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 02/27/2004) 03/01/ NOTICE of Endorsement by Eric Berger, EZRA CHARITABLE TRUST, Walter E. Smith (Lolli, Don) (Entered: 03/01/2004) 03/03/ ORDER for parties to submit joint status report by 4/12/2004. (Enss, Rhonda) (Entered: 03/03/2004) 03/25/ NOTICE of change of address by Diane A. Nygaard (Nygaard, Diane) (Entered: 03/25/2004) 04/12/ STATUS REPORT PARTIES' SECOND JOINT STATUS REPORT by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 04/12/2004) 04/13/ NOTICE of Endorsement by Provisional Liaison Counsel for Provisional Lead s Municipal Employees' Retirement System of Michigan, City of St. Clair Shores General Retirement System and City of Roseville Employees Retirement System (Lolli, Don) Modified on 4/14/2004 to modify entry (Honeycutt, Cassaundra). (Entered: 04/13/2004) 04/14/ ORDER that stay is continued to 5/21/2004 at which time parties shall file joint status report. (Enss, Rhonda) (Entered: 04/14/2004) 05/21/ STATUS REPORT Parties' Third Joint Status Report by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 05/21/2004) 05/25/ ORDER that parties file a joint status report due 6/30/2004. (Enss, Rhonda) (Entered: 05/25/2004) 05/27/ NOTICE of filing by Interstate Bakeries Corp. Notice of Change of Firm Affiliation (Lolli, Don) (Entered: 05/27/2004) 06/30/ STATUS REPORT Parties' Fourth Joint Status Report by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 06/30/2004)

17 07/01/ NOTICE of Endorsement by Walter E. Smith re 35 Status Report Certifying Original Signature (Lolli, Don) (Entered: 07/01/2004) 07/06/ ORDER that parties file a joint status report by 8/2/2004. (Enss, Rhonda) (Entered: 07/06/2004) 08/02/ STATUS REPORT (Parties' Fifth Joint Status Report by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 08/02/2004) 08/03/ NOTICE of Endorsement by Walter E. Smith re 38 Status Report (Lolli, Don) (Entered: 08/03/2004) 08/12/ ORDER - joint Status Report due 9/27/2004. (Enss, Rhonda) (Entered: 08/12/2004) 08/16/ Motion and Order to appear pro hac vice granting appearance of Attorney Gustavo Bruckner for City of St. Clair Shores General Retirement System; EZRA CHARITABLE TRUST; Liberata Gibbone; William Green; Municipal Employees' Retirement System of Michigan; Jane R Pence; Jerry W Pence; Bernard Segal; Walter E. Smith; Paul Vanderwerf; Eric Berger and City of Roseville Employees Retirement System. Fee paid; receipt number (Revis, Christi) (Entered: 08/17/2004) 08/16/ Motion and Order to appear pro hac vice granting appearance of Attorney Daniel W Krasner for City of St. Clair Shores General Retirement System; EZRA CHARITABLE TRUST; Liberata Gibbone; William Green; Municipal Employees' Retirement System of Michigan; Jane R Pence; Jerry W Pence; Bernard Segal; Walter E. Smith; Paul Vanderwerf; Eric Berger and City of Roseville Employees Retirement System. Fee paid; receipt number (Revis, Christi) (Entered: 08/17/2004) 09/27/ STATUS REPORT AND NOTICE OF BANKRUPTCY by Interstate Bakeries Corp.. (Attachments: # 1 Exhibit Stipulation of Settlement# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Bukovac, Daniel) (Entered: 09/27/2004) 09/29/ ORDER - joint Status Report due 12/1/2004. (Enss, Rhonda) (Entered: 09/29/2004) 10/15/ MAIL RETURNED as undeliverable: Notify sender of new address. Mail sent to James Miller, Shephard Finkelman Miller & Shah, LLC. (Related document(s)44) (Beard, Melanie) Modified on 10/20/2004 to reflect address updated and document #44 mailed to James Miller at correct address (Jones, Robin). (Entered: 10/19/2004) 12/01/ STATUS REPORT by Frank W. Coffey, James R. Elsesser, Charles A. Sullivan. (Bukovac, Daniel) (Entered: 12/01/2004) 12/07/ ORDER - joint Status Report due 2/1/2005. (Enss, Rhonda) (Entered: 12/07/2004) 01/20/ NOTICE of change of firm affiliation by Samuel Rudman (Sullivan, Tanya) (Entered: 01/24/2005) 01/21/ NOTICE of change of address by Marc A Topaz, counsel for plaintiff, Liberata Gibbone. (Jones, Robin) (Entered: 01/21/2005) 02/01/ NOTICE of change of address by Daniel Bukovac (Bukovac, Daniel) (Entered:

18 02/01/2005) 02/01/ STATUS REPORT Parties' Eighth Joint Status Report by Interstate Bakeries Corp.. (Bukovac, Daniel) (Entered: 02/01/2005) 02/10/ ORDER - parties to file updated Status Report due by 3/18/2005. (Enss, Rhonda) (Entered: 02/10/2005) 03/17/ STATUS REPORT by James R. Elsesser, Charles A. Sullivan, Frank W. Coffey. (Bukovac, Daniel) (Entered: 03/17/2005) 03/30/ ORDER - conference to be held on 5/6/2005 at 9:00 AM at Courtroom 7C, Kansas City (FJG) to discuss status. Counsel shall provide an agenda of topics and a copy of proposed settlement agreement by 5/2/2005 at 3:00 p.m.(enss, Rhonda) (Entered: 03/30/2005) 04/12/2005 MAIL RETURNED as forwarding order expired. Corrected address in CM/ECF and resent Order to Justin S. Kudler, Andrew M. Schatz & Jeffrey Nobel at current address. (Related document(s)54) (Jones, Robin) (Entered: 04/13/2005) 05/02/2005 The document originally filed as Document #55, NOTICE of filing by Walter E. Smith Notice of Joint Motion and Joint Motion for Preliminary Approval of Class Action Settlement, has been deleted. Counsel has been contacted and will refile the document using the correct Motion event. Modified on 5/2/2005 (Jones, Robin). (Entered: 05/02/2005) 05/02/2005 NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on May 2, 2005 as Document #55, Notice of Joint Motion and Joint Motion for Preliminary Approval of Class Action Settlement. A document has been deleted from the entry. Counsel has been contacted and asked to refile the document using the correct Motion event in order to establish response deadlines. This is a text entry only - no document is attached. (Jones, Robin) (Entered: 05/02/2005) 05/02/ Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement filed bydon R. Lolli on behalf of Walter E. Smith Suggestions in opposition/response due by 5/17/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit A)(Lolli, Don) (Entered: 05/02/2005) 05/02/ SUGGESTIONS in support re 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement filed by Don R. Lolli on behalf of Walter E. Smith. (Related document(s)55) (Lolli, Don) (Entered: 05/02/2005) 05/02/ NOTICE of filing by Walter E. Smith re 54 Order Agreed Upon Agenda (Lolli, Don) (Entered: 05/02/2005) 05/02/ STIPULATION Modifying Settlement Agreement by Walter E. Smith. (Lolli, Don) (Entered: 05/02/2005) 05/02/ CERTIFICATE OF SERVICE by Walter E. Smith re 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement, 56 Suggestions in Support of Motion, 57 Notice of filing, 58 Stipulation Modifying Settlement Agreement filed by Don R. Lolli on behalf of Walter E. Smith.

19 Related document: 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement filed by Walter E. Smith,, 56 Suggestions in Support of Motion filed by Walter E. Smith,, 57 Notice of filing filed by Walter E. Smith,, 58 Stipulation filed by Walter E. Smith,.(Lolli, Don) (Entered: 05/02/2005) 05/02/2005 Notice - conference to discuss status of proposed settlement reset 54 to 5/6/2005 at 8:00 AM at Courtroom 7C, Kansas City (FJG). (Text Only Entry - No Document Attached). (Enss, Rhonda) (Entered: 05/02/2005) 05/05/ Motion and Order to appear pro hac vice granting appearance of Attorney Robert M. Rothman for City of Roseville Employees Retirement System; Walter E. Smith; Eric Berger; William Green; Jerry W Pence; Jane R Pence; EZRA CHARITABLE TRUST; Liberata Gibbone; Bernard Segal; Paul Vanderwerf; Municipal Employees' Retirement System of Michigan and City of St. Clair Shores General Retirement System Fee paid; receipt number (Revis, Christi) (Entered: 05/05/2005) 05/05/ Motion and Order to appear pro hac vice granting appearance of Attorney Salvatore J. Graziano for City of Roseville Employees Retirement System; Walter E. Smith; Eric Berger; William Green; Jerry W Pence; Jane R Pence; EZRA CHARITABLE TRUST; Liberata Gibbone; Bernard Segal; Paul Vanderwerf; Municipal Employees' Retirement System of Michigan and City of St. Clair Shores General Retirement System Fee paid; receipt number (Revis, Christi) Modified on 5/5/2005 to correct receipt number (Kee, Georgia). Modified on 5/9/2005 (Revis, Christi). (Entered: 05/05/2005) 05/06/ Minute Entry for proceedings held before Judge Fernando J. Gaitan Jr.: SETTLEMENT CONFERENCE held on 5/6/2005. (Court Reporter Donna Turner.) (Enss, Rhonda) Modified on 5/9/2005 to reflect correct date of conference(enss, Rhonda). (Entered: 05/09/2005) 05/10/ Findings and ORDER Preliminarily Approving Class Action Settlement - Motions terminated: granting 55 Joint MOTION for Preliminary Approval of Class Action Settlement. Fairness hearing to be held on 8/26/2005 at 8:15 AM at Courtroom 7C, Kansas City (FJG). Lead counsel shall submit list of persons who have requested exclusion to Court at or before Fairness Hearing. Class members shall file w/court no later than 8/5/05 statement of objections. If class member hires an attorney, a notice of appearance must be filed w/court no later than 8/5/05. Notice of Intent to appear due 8/5/05. (Enss, Rhonda) Modified on 5/24/2005 to reflect return mail received for attorney Sean M. Handler. Counsels address was updated in CM/ECF and the document was resent (Jones, Robin). (Entered: 05/10/2005) 08/10/ OBJECTION to the settlement filed by interested party, Robert Hernandez. (Related document 63)(Jones, Robin) (Entered: 08/10/2005) 08/16/ MOTION for order Final Approval of Class Action Settlement re 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Notice of Motion filed bydon R. Lolli on behalf of Walter E. Smith Suggestions in opposition/response due by 8/31/2005 unless otherwise directed by the court (Related document(s)55) (Lolli, Don) (Entered: 08/16/2005)

20 08/16/ SUGGESTIONS in support re 65 MOTION for order Final Approval of Class Action Settlement re 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Notice of Motion filed by Don R. Lolli on behalf of Walter E. Smith. (Related document(s)65) (Lolli, Don) (Entered: 08/16/2005) 08/16/ MOTION for attorney fees and reimbursement of expenses, and Notice of Motion filed bydon R. Lolli on behalf of Walter E. Smith Suggestions in opposition/response due by 8/31/2005 unless otherwise directed by the court (Lolli, Don) (Entered: 08/16/2005) 08/16/ SUGGESTIONS in support re 67 MOTION for attorney fees and reimbursement of expenses, and Notice of Motion filed by Don R. Lolli on behalf of Walter E. Smith. (Attachments: # 1 Compendium of Affidavits in Support of Award of Fees & Expenses# 2 Exhibit A to Compendium# 3 Exhibit B, Part 1 to Compendium# 4 Exhibit Ex. B-Part 2# 5 Exhibit C to Compendium)(Related document(s)67) (Lolli, Don) (Entered: 08/16/2005) 08/16/ AFFIDAVIT re 67 MOTION for attorney fees and reimbursement of expenses, and Notice of Motion, 65 MOTION for order Final Approval of Class Action Settlement re 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Notice of Motion in Support of Final Approval by Walter E. Smith. (Related document(s)67, 65) (Lolli, Don) (Entered: 08/16/2005) 08/16/ AFFIDAVIT of George A. Bauer III Re: Publication of the Summary Notice of Pendency of Class Action, Proposed Settlement and Settlement Hearing by Walter E. Smith. (Lolli, Don) (Entered: 08/16/2005) 08/16/ AFFIDAVIT of Carole K. Sylvester RE Mailing of the Notice of Proposed Settlement of Class Action, Motion for Attorneys' Fees, and Settlement Fairness Hearing, and the Proof of Claim and Release Form by Walter E. Smith. (Lolli, Don) (Entered: 08/16/2005) 08/17/ CERTIFICATE OF SERVICE by Walter E. Smith re 66 Suggestions in Support of Motion,, 67 MOTION for attorney fees and reimbursement of expenses, and Notice of Motion, 68 Suggestions in Support of Motion,, 69 Affidavit,, 70 Affidavit, 71 Affidavit, 65 MOTION for order Final Approval of Class Action Settlement re 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Notice of Motion filed by Don R. Lolli on behalf of Walter E. Smith. Related document: 66 Suggestions in Support of Motion, filed by Walter E. Smith,, 67 MOTION for attorney fees and reimbursement of expenses, and Notice of Motion filed by Walter E. Smith,, 68 Suggestions in Support of Motion, filed by Walter E. Smith,, 69 Affidavit, filed by Walter E. Smith,, 70 Affidavit filed by Walter E. Smith,, 71 Affidavit filed by Walter E. Smith,, 65 MOTION for order Final Approval of Class Action Settlement re 55 Joint MOTION for order Notice of Motion and Motion for Preliminary Approval of Class Action Settlement and Notice of Motion filed by Walter E. Smith,.(Lolli, Don) (Entered: 08/17/2005) 08/18/ RESPONSE to Motion re 65 MOTION for order Final Approval of Class Action Settlement re 55 Joint MOTION for order Notice of Motion and Motion for

21 Preliminary Approval of Class Action Settlement and Notice of Motion DEFENDANTS' MEMORANDUM IN SUPPORT OF CLASS ACTION SETTLEMENT filed by Daniel Bukovac on behalf of Defendants James R. Elsesser, Robert P. Morgan, Charles A. Sullivan, Richard D. Willson, Paul E. Yarick, Interstate Bakeries Corp., Frank W. Coffey, Mark Dirkes. (Attachments: # 1 Exhibit 1 Declaration of Jaclyn Briggs# 2 Exhibit 2 Declaration of Jennifer C. Argabright)(Related document(s)65) (Bukovac, Daniel) Modified on 8/19/2005 to reflect correct event title (Jones, Robin). (Entered: 08/18/2005) 08/26/ Minute Entry for proceedings held before Judge Fernando J. Gaitan Jr.: Fairness HEARING held on 8/26/2005 re 67 MOTION for attorney fees and reimbursement of expenses and 65 MOTION for order Final Approval of Class Action Settlement. Matter taken under advisement. (Court Reporter Donna Turner.) (Enss, Rhonda) (Entered: 08/26/2005) 09/08/ ORDER granting 65 plaintiffs' motion for final approval of class action settlement and granting 67 plaintiffs' motion for attorney fees consistent with terms of order. Action dismissed, including all individual claims and class claims, on the merits and w/prejudice against Lead s and all other Class Members, w/o fees or costs to any party except as otherwise provided in order and final judgment. (Enss, Rhonda) (Entered: 09/08/2005) 09/08/ Final JUDGMENT. (Enss, Rhonda) (Entered: 09/08/2005) 09/08/ CLERK'S JUDGMENT (Enss, Rhonda). (Entered: 09/08/2005) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at