U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 00-CV-2054

Transcription

1 US District Court Civil Docket as of 01/27/2005 Retrieved from the court on Thursday, July 13, 2006 U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 00-CV-2054 Wein, et al v. Unicapital, et al Filed: 06/08/00 Assigned to: Judge Shelby Highsmith Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 160 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:0078 Securities Exchange Act MITCHELL D. WEIN, on behalf of Paul Jeffrey Geller himself and all other FTS similarly situated plaintiff Jonathan Matthew Stein FTS Lerach Coughlin Stoia Geller Rudman & Robbins 197 S Federal Highway Suite 200 Boca Raton, FL Maya Susan Saxena FTS Robert Timothy Vannatta FTS Christopher Steven Jones FTS Milberg Weiss Bershad & Schulman 5200 Town Center Circle Suite 600 Tower One Boca Raton, FL

2 Curtis V. Trinko FTS th Floor 16 W 46th Street New York, NY KAREN ZULLY plaintiff NEIL EINHORN plaintiff CLASS REPRESENTATIVES plaintiff v. UNICAPITAL CORPORATION defendant Karen Pieslak Pohlmann J. Gordon Cooney, Jr. Morgan Lewis & Bockius 1701 Market Street Philadelphia, PA Keith Olin FTS Bressler Amery & Ross 2801 SW 149th Avenue Huntington Centre II Miramar, FL ROBERT NEW David Palmer Hartnett defendant FTS Maureen Genevieve Pearcy FTS [COR NTC] Hinshaw & Culbertson 9155 S Dadeland Boulevard Suite 1600 PO Box Miami, FL Rene Anthony Torrado, Jr. [term 10/22/03] FTS

3 Thomas P. Cimino, Jr Jon P. McCarty Erin Bolan Hines FTS Vedder Price Kaufman & Kammholz 222 N LaSalle Street Suite 2600 Chicago, IL JONATHAN NEW Lewis Franklin Murphy defendant FTS Wendy Susan Leavitt FTS Steel Hector & Davis Wachovia Financial Enter 200 S Biscayne Boulevard 40th Floor Miami, FL MONICA D. NEW defendant ======================== Gregory Charles Ward FTS Suite 1100 Gregory Charles Ward 1111 Brickell Avenue Miami, FL STUART CAUFF Eugene E. Stearns defendant FTS Richard Bryan Jackson Jose Guillermo Sepulveda

4 FTS Stearns Weaver Miller Weissler Alhadeff & Sitterson Museum Tower 150 W Flagler Street Suite 2200 Miami, FL Alan Jay Kluger FTS Steve I. Silverman FTS Kluger Peretz Kaplan & Berlin Miami Center 201 S Biscayne Boulevard Suite 1700 Miami, FL FRIEDMAN BILLINGS RAMSEY GROUP, Tracy Ann Nichols INC. FTS defendant X7717 Holland & Knight 701 Brickell Avenue Suite 3000 Miami, FL Evan R. Chesler FTS Keith R. Hummel Maureen Nakly Kevin A. Burke Below Address Terminated on 3/17/04 Cravath Swaine & Moore LLP 825 8th Avenue New York, NY MORGAN STANLEY DEAN WITTER & CO. defendant Tracy Ann Nichols (See above)

5 Evan R. Chesler (See above) Keith R. Hummel (See above) Maureen Nakly (See above) Daniel Slifkin Kevin A. Burke Below Address Terminated on 3/17/04 (See above) Cravath Swaine & Moore LLP 825 8th Avenue New York, NY SALOMON SMITH BARNEY INC. defendant Tracy Ann Nichols (See above) Evan R. Chesler (See above) Keith R. Hummel (See above) Maureen Nakly (See above) Daniel Slifkin (See above) Kevin A. Burke Below Address Terminated on 3/17/04 (See above) DOCKET PROCEEDINGS DATE # DOCKET ENTRY 6/8/00 1 COMPLAINT filed; FILING FEE $ RECEIPT # ;

6 A3; BLG (ra) 6/8/00 -- Magistrate identification: Magistrate Judge Barry L. Garber (ra) 6/8/00 2 SUMMONS issued for Unicapital (ra) 6/8/00 3 SUMMONS issued for Robert New (ra) 6/8/00 4 SUMMONS issued for Jonathan New (ra) 7/7/00 5 RETURN OF SERVICE executed for Unicapital on 6/16/00 Answer due on 7/6/00 for Unicapital (vp) [Entry date 07/11/00] 8/1/00 6 JOINT MOTION with memorandum in support by Mitchell D. Wein, Unicapital for leave to file consolidated amended class action complaint, and to stay response to complaint (ra) [Entry date 08/02/00] 8/8/00 7 PROPOSED MOTION by Unicapital for consolidation, appointment as lead plaintiff and for approval of proposed Unicapital Corporation lead plaintiffs' selection of lead counsel (ra) [Entry date 08/09/00] 8/8/00 8 MEMORANDUM by Unicapital in support of [7-1] motion for consolidation, appointment as lead plaintiff and for approval of proposed Unicapital Corporation lead plaintiffs' selection of lead counsel (ra) [Entry date 08/09/00] 8/8/00 9 AFFIDAVIT of Kenneth J. Vianale by Unicapital Re: [7-1] motion for consolidation, appointment as lead plaintiff and for approval of proposed Unicapital Corporation lead plaintiffs' selection of lead counsel (ra) [Entry date 08/09/00] 8/8/00 10 MOTION by Mitchell D. Wein to appoint Jorge L. Armenteros, Eula U. Ebanks, Ronald W. and Sandra C. Farnsworth, James F. Mascari and David S. Vreeland as lead plaintiff (ra) [Entry date 08/09/00] 8/8/00 11 MEMORANDUM by Mitchell D. Wein in support of [10-1] motion to appoint Jorge L. Armenteros, Eula U. Ebanks, Ronald W. and Sandra C. Farnsworth, James F. Mascari and David S. Vreeland as lead plaintiff (ra) [Entry date 08/09/00]

7 8/8/00 12 DECLARATION of Paul J. Geller by Mitchell D. Wein Re: in support of [10-1] motion to appoint Jorge L. Armenteros, Eula U. Ebanks, Ronald W. and Sandra Farnsworth, James F. Mascari and David S. Vreeland as lead plaintiff (ra) [Entry date 08/09/00] 8/9/00 13 NOTICE OF WITHDRAWAL by Mitchell D. Wein of [10-1] motion to appoint Jorge L. Armenteros, Eula U. Ebanks, Ronald W. and Sandra C. Farnsworth, James F. Mascari and David S. Vreeland as lead plaintiff (ra) [Entry date 08/10/00] 8/25/00 14 MEMORANDUM OF LAW RESPONSE by Unicapital to [7-1] motion for consolidation, appointment as lead plaintiff and for approval of proposed Unicapital Corporation lead plaintiffs' selection of lead counsel (ra) [Entry date 08/28/00] 8/28/00 15 ORDER OF CONSOLIDATION granting [7-1] motion for consolidation, appointment as lead plaintiff and for approval of proposed Unicapital Corporation lead plaintiffs' selection of lead counsel ( Signed by Judge Shelby Highsmith on 8/28/00) CCAP [EOD 8/29/00] (ra) [Entry date 08/29/00] 9/18/00 16 Return of service unexecuted as to Jonathan New (ra) [Entry date 09/19/00] 9/28/00 17 ORDER for appointment of Ira Jacobson; Bruce Wolov; Amelia, Blake, Harold, Jacqueline, Larry, Nicole and Paul Groll as lead plaintiffs, and for appointment of the firm of Milberg Weiss as lead counsel ( Signed by Judge K. M. Moore on 9/28/00) CCAP [EOD Date: 9/29/00] (sk) [Entry date 09/29/00] 10/9/00 24 ORDER granting [23-1] motion for rescheduling defendants' response to consolidated amended complaint ( Signed by Judge Shelby Highsmith on 11/09/00) CCAP [EOD Date: 11/13/00] (ra) [Entry date 11/13/00] 10/12/00 18 ALIAS SUMMONS issued for Jonathan New (ra) [Entry date 10/16/00] 10/18/00 19 RETURN OF SERVICE executed for Jonathan New on 10/13/00 Answer due on 11/2/00 for Jonathan New (ra) [Entry date 10/19/00]

8 10/24/00 20 MOTION by Mitchell D. Wein to extend time to serve consolidated amended complaint (ra) [Entry date 10/25/00] 10/26/00 22 ORDER granting [20-1] motion to extend time to serve consolidated amended complaint ( Signed by Judge Shelby Highsmith on 10/26/00) CCAP [EOD Date: 10/30/00] (ra) [Entry date 10/30/00] 10/27/00 21 NOTICE of attorney appearance for Jonathan New by Lewis Franklin Murphy, Wendy Susan Leavitt, Gregory Charles Ward (ra) [Entry date 10/30/00] 11/7/00 23 AGREED MOTION by Unicapital for rescheduling defendants' response to consolidated amended complaint (ra) [Entry date 11/08/00] 11/13/00 25 AMENDED COMPLAINT by Mitchell D. Wein, (Answer due 11/23/00 for Jonathan New, for Robert New, for Unicapital ) amending [1-1] complaint adding Stuart Cauff, Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney (ra) [Entry date 11/14/00] 11/13/00 26 SUMMONS issued for Stuart Cauff (ra) [Entry date 11/14/00] 11/13/00 27 SUMMONS issued for Friedman Billings (ra) [Entry date 11/14/00] 11/13/00 28 SUMMONS issued for Morgan Stanley Dean (ra) [Entry date 11/14/00] 11/13/00 29 SUMMONS issued for Salomon Smith Barney (ra) [Entry date 11/14/00] 11/14/00 30 APPLICATION by Unicapital for Karen Pieslak Pohlmann to appear pro hac vice (ra) [Entry date 11/15/00] 11/14/00 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 11/15/00] 11/14/00 31 APPLICATION by Unicapital for J. Gordon Cooney to appear pro hac vice (ra) [Entry date 11/15/00]

9 11/14/00 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 11/15/00] 11/16/00 32 ORDER granting [31-1] motion for J. Gordon Cooney to appear pro hac vice ( Signed by Judge Shelby Highsmith on 11/16/00) CCAP [EOD Date: 11/17/00] (sk) [Entry date 11/17/00] 11/16/00 33 ORDER granting [30-1] motion for Karen Pieslak Pohlmann to appear pro hac vice ( Signed by Judge Shelby Highsmith on 11/16/00) CCAP [EOD Date: 11/17/00] (sk) [Entry date 11/17/00] 12/13/00 34 NOTICE of Bankruptcy by Unicapital (ra) [Entry date 12/14/00] 12/22/00 35 UNOPPOSED MOTION by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney to extend time for underwriter defendants to respond to consolidated Amended class action complaint (cj) [Entry date 12/26/00] 12/27/00 36 ORDER granting [35-1] motion to extend time for underwriter defendants to respond to consolidated Amended class action complaint Reset answer due for 12/27/00 for Salomon Smith Barney, for Morgan Stanley Dean, for Friedman Billings ( Signed by Judge Shelby Highsmith on 12/27/00) CCAP [EOD Date: 12/28/00] (ra) [Entry date 12/28/00] 12/28/00 37 RETURN OF SERVICE executed for Friedman Billings on 12/5/00 Answer due on 12/26/00 for Friedman Billings (ra) [Entry date 12/29/00] 12/28/00 38 RETURN OF SERVICE executed for Morgan Stanley Dean on 12/8/00 Answer due on 12/28/00 for Morgan Stanley Dean (ra) [Entry date 12/29/00] 12/28/00 39 RETURN OF SERVICE executed for Salomon Smith Barney on 12/7/00 Answer due on 12/27/00 for Salomon Smith Barney (ra) [Entry date 12/29/00] 12/28/00 40 Return of service unexecuted as to Robert New (ra) [Entry date 12/29/00]

10 12/28/00 41 Return of service unexecuted as to Stuart Cauff (ra) [Entry date 12/29/00] 1/8/01 42 UNOPPOSED MOTION by Robert New to extend time to respond to consolidated amended class action complaint (ra) [Entry date 01/09/01] 1/10/01 43 ORDER granting [42-1] motion to extend time to respond to consolidated amended class action complaint Reset answer due for 1/31/01 for Robert New ( Signed by Judge Donald L. Graham on 01/10/01) CCAP [EOD Date: 1/11/01] (ra) [Entry date 01/11/01] 1/12/01 44 UNOPPOSED MOTION by Jonathan New to extend time to respond to consolidated amended class action complaint (ls) [Entry date 01/16/01] 1/18/01 45 ORDER granting [44-1] motion to extend time to respond to consolidated amended class action complaint Reset answer due for 1/31/01 for Salomon Smith Barney, for Morgan Stanley Dean, for Friedman Billings, for Stuart Cauff, for Jonathan New, for Robert New, for Unicapital ( Signed by Judge Shelby Highsmith on 01/17/01) CCAP [EOD Date: 1/19/01] (ra) [Entry date 01/19/01] 1/19/01 46 NOTICE of Unavailability by Jonathan New (sk) [Entry date 01/22/01] 1/30/01 47 MOTION by Robert New to dismiss consolidated amended class action complaint (ra) [Entry date 01/31/01] 1/30/01 48 MEMORANDUM by Robert New in support of [47-1] motion to dismiss consolidated amended class action complaint (ra) [Entry date 01/31/01] 1/30/01 49 APPENDIX to: [47-1] motion to dismiss consolidated amended class action complaint by Robert New (ra) [Entry date 01/31/01] 1/30/01 50 REQUEST by Robert New for Oral Argument on [47-1] motion to dismiss consolidated amended class action complaint (ra) [Entry date 01/31/01] 1/30/01 51 NOTICE of filing [47-1], [48-1] and [49-1] by Robert New (ra) [Entry date 01/31/01]

11 1/31/01 52 UNOPPOSED MOTION by Salomon Smith Barney, Morgan Stanley Dean, Friedman Billings, Jonathan New to extend time to respond to consolidated amended class action complaint (ra) [Entry date 02/01/01] 2/1/01 53 ORDER granting [52-1] motion to extend time to respond to consolidated amended class action complaint Reset answer due for 2/14/01 for Salomon Smith Barney, for Morgan Stanley Dean, for Friedman Billings, for Jonathan New ( Signed by Judge Shelby Highsmith on 02/01/01) CCAP [EOD Date: 2/2/01] (ra) [Entry date 02/02/01] 2/8/01 54 MOTION by Morgan Stanley Dean, Salomon Smith Barney for Keith R. Hummel to appear pro hac vice (ra) [Entry date 02/09/01] 2/8/01 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 02/09/01] 2/8/01 55 VERIFIED MOTION by Morgan Stanley Dean for Maureen Nakly to appear pro hac vice (ra) [Entry date 02/09/01] 2/8/01 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 02/09/01] 2/8/01 56 VERIFIED MOTION by Morgan Stanley Dean, Salomon Smith Barney for Evan R. Chesler to appear pro hac vice (ra) [Entry date 02/09/01] 2/8/01 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 02/09/01] 2/9/01 57 ORDER granting [56-1] motion for Evan R. Chesler to appear pro hac vice, granting [55-1] motion for Maureen Nakly to appear pro hac vice, granting [54-1] motion for Keith R. Hummel to appear pro hac vice ( Signed by Judge Shelby Highsmith on 02/09/01) CCAP [EOD Date: 2/12/01] (ra) [Entry date 02/12/01] 2/14/01 58 REQUEST by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney for Oral Argument on motion to dismiss complaint (ra) [Entry date 02/15/01]

12 2/14/01 59 MOTION with memorandum in support by Jonathan New to dismiss consolidated amended class action complaint (ra) [Entry date 02/15/01] 2/14/01 60 AGREED MOTION by Jonathan New for leave to file exceed page limitation in their memorandum of law in support of motion to dismiss consolidated amended class action complaint (proposed memorandum of law with one binder of exhibits in pod 2) (ra) [Entry date 02/15/01] 2/15/01 61 REQUEST by Jonathan New for Oral Argument on [59-1] motion to dismiss consolidated amended class action complaint (ra) [Entry date 02/16/01] 2/15/01 62 AGREED MOTION by Mitchell D. Wein to extend time to serve opposition to the motions to dismiss of defendants' Morgan Stanley Dean Writter, Salomon Smith Barney, Friedman Billing Ramsey, Jonathan New and Robert New (ra) [Entry date 02/16/01] 2/20/01 63 ORDER granting [62-1] motion to extend time to serve opposition to the motions to dismiss of defendants' Morgan Stanley Dean Writter, Salomon Smith Barney, Friedman Billing Ramsey, Jonathan New and Robert New ( Signed by Judge Shelby Highsmith on 02/16/01) CCAP [EOD Date: 2/21/01] (ra) [Entry date 02/21/01] 2/20/01 64 ORDER granting [60-1] motion for leave to file exceed page limitation in their memorandum of law in support of motion to dismiss consolidated amended class action complaint ( Signed by Judge Shelby Highsmith on 02/15/01) CCAP [EOD Date: 2/21/01] (ra) [Entry date 02/21/01] 2/20/01 65 MEMORANDUM by Morgan Stanley Dean, Salomon Smith Barney and Friedman Ramsey Group, Inc. in support of [59-1] motion to dismiss consolidated amended class action complaint (ra) [Entry date 02/21/01] [Edit date 04/18/01] 2/20/01 66 EXHIBITS "A and B" to: [65-1] support memorandum by Morgan Stanley Dean, Salomon Smith Barney and Friedman Ramsey Group, Inc. (ra) [Entry date 02/21/01] [Edit date 04/18/01] 2/21/01 67 AGREED MOTION with memorandum in support by Stuart Cauff to extend time to respond to complaint (ra) [Entry date 02/22/01]

13 2/26/01 68 ORDER granting [67-1] motion to extend time to respond to complaint reset answer due for 3/12/01 for Stuart Cauff ( Signed by Judge Shelby Highsmith on 02/26/01) CCAP [EOD Date: 2/27/01] (nt) [Entry date 02/27/01] 3/12/01 69 MOTION by Stuart Cauff to dismiss the consolidated amended complaint with prejudice (ra) [Entry date 03/13/01] 3/12/01 70 REQUEST by Stuart Cauff for Oral Argument on [69-1] motion to dismiss the consolidated amended complaint with prejudice (ra) [Entry date 03/13/01] 3/12/01 71 NOTICE of filing afidavit of Jose G. Sepulvenda by Stuart Cauff (ra) [Entry date 03/13/01] 3/12/01 72 AFFIDAVIT Jose G. Sepulvenda by Stuart Cauff Re: [69-1] motion to dismiss the consolidated amended complaint with prejudice (ra) [Entry date 03/13/01] 3/19/01 73 UNOPPOSED MOTION by Unicapital, Robert New, Jonathan New, Stuart Cauff, Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney to extend time to serve their replies in support of their motions to dismiss the amended class complaint (tb) [Entry date 03/20/01] 3/20/01 74 ORDER granting [73-1] motion to extend time to serve their replies in support of their motions to dismiss the amended class complaint ( Signed by Judge Shelby Highsmith on 03/20/01) CCAP [EOD Date: 3/21/01] (ra) [Entry date 03/21/01] 3/20/01 75 MOTION by Mitchell D. Wein for leave to file consolidated memorandum in excess of page limitations in opposition to all four of defendants' motion to dismiss (proposed memo and appendix in support of memo in pod 2) (ra) [Entry date 03/21/01] 3/22/01 76 ORDER granting [75-1] motion for leave to file consolidated memorandum in excess of page limitations in opposition to all four of defendants' motion to dismiss ( Signed by Judge Shelby Highsmith on 3/22/01) CCAP [EOD Date: 3/23/01] (wc) [Entry date 03/23/01] 3/22/01 77 CONSOLIDATED OPPOSITION by All Plaintiffs to [69-1] motion to dismiss the consolidated amended complaint with

14 prejudice, [59-1] to dismiss consolidated amended class action complaint, [47-1] motion to dismiss consolidated amended class action complaint (wc) [Entry date 03/23/01] 3/22/01 78 APPENDIX SUPPLEMENT to: [77-1] consolidated opposition to motions to dismiss by All Plaintiffs (wc) [Entry date 03/23/01] 3/26/01 79 REQUEST by Mitchell D. Wein for Oral Argument on [69-1] motion to dismiss the consolidated amended complaint with prejudice, [59-1] motion to dismiss consolidated amended class action complaint, [47-1] motion to dismiss consolidated amended class action complaint (ra) [Entry date 03/27/01] 3/26/01 80 NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Mitchell D. Wein re: [77-1] motion response (ra) [Entry date 03/27/01] 4/11/01 81 SUGGESTION OF DEATH by Monica D. New (ra) [Entry date 04/12/01] 4/11/01 82 UNOPPOSED MOTION by Jonathan New, Monica D. New to extend time to reply to plaintiffs' memorandum of law opposing Robert New's motion to dismiss (ra) [Entry date 04/12/01] 4/12/01 83 AGREED MOTION by Jonathan New to exceed page limitation in his reply memorandum in support of his motion to dismiss the consolidated amended class action complaint (ra) [Entry date 04/13/01] 4/16/01 84 ORDER granting [83-1] motion to exceed page limitation in his reply memorandum in support of his motion to dismiss the consolidated amended class action complaint (Signed by Judge Shelby Highsmith on 04/16/01) CCAP [EOD Date: 4/17/01] (ra) [Entry date 04/17/01] 4/17/01 85 REPLY MEMORANDUM by Stuart Cauff in support of [69-1] motion to dismiss the consolidated amended complaint with prejudice (ra) [Entry date 04/18/01] 4/17/01 86 REPLY MEMORANDUM by Jonathan New in support of [59-1] motion to dismiss consolidated amended class action complaint (ra) [Entry date 04/18/01] 4/17/01 87 REPLY Memorandum by Friedman Billings, Morgan Stanley Dean,

15 Salomon Smith Barney in support of dismiss consolidated amended class action complaint (motion to dismiss not on docket) (ra) [Entry date 04/18/01] 5/18/01 88 NOTICE of filing attached Registration Statement by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney (ra) [Entry date 05/21/01] 5/23/01 89 NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Mitchell D. Wein re: in further support of plaintiffs' memorandum of law in opposition to defendants' memorandum of law in opposition to motion to dismiss the amended class action complaint (ra) [Entry date 05/24/01] 6/1/01 90 NOTICE of Unavailability by Stuart Cauff for dates of: 7/3/01 to 7/8/01 and 9/8/01 to 9/17/01 (ra) [Entry date 06/04/01] 6/5/01 91 NOTICE/MOTION by Mitchell D. Wein for substitution of party (ra) [Entry date 06/06/01] 6/5/01 92 MEMORANDUM by Mitchell D. Wein in support of [91-1] motion for substitution of party (ra) [Entry date 06/06/01] 6/6/01 93 NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Mitchell D. Wein in further opposition to defendants' motion to dismiss (ra) [Entry date 06/07/01] 6/8/01 94 ORDER granting [91-1] motion for substitution of party; Monica D. New is substituted as party defendant in place of defendant Robert New; granting [82-1] motion to extend time to reply to plaintiffs' memorandum of law opposing Robert New's motion to dismiss Reply to Response to Motion reset to 6/18/01 [59-1] motion to dismiss consolidated amended class action complaint ( Signed by Judge Shelby Highsmith on 6/8/01) CCAP [EOD Date: 6/11/01] (wc) [Entry date 06/11/01] 6/8/01 95 NOTICE OF FILING SUPPLEMENTAL AUTHORITY by All Plaintiffs re: [69-1] motion to dismiss the consolidated amended complaint with prejudice (wc) [Entry date 06/11/01] 6/11/01 96 NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Mitchell D. Wein re: in further support of memorandum in opposition to motion ot dismiss (ra) [Entry date 06/12/01]

16 6/14/01 97 NOTICE of filing attached exhibit "A" & "B" by Mitchell D. Wein (ra) [Entry date 06/15/01] 6/15/01 98 UNOPPOSED MOTION by Robert New for leave to file Reply memorandum in support of motion to dismiss amended class action complaint (ra) [Entry date 06/18/01] 6/15/01 99 REPLY MEMORANDUM by Robert New in support of [59-1] motion to dismiss consolidated amended class action complaint (ra) [Entry date 06/18/01] 6/19/ ORDER granting the Estate of Robert New's Motion to Exceed Page Limitation. The Estate may file reply memorandum in support of its motion to dismiss not exceed 20 pages in length. ( Signed by Judge Shelby Highsmith on 06/19/01) CCAP [EOD Date: 6/20/01] (nt) [Entry date 06/20/01] 6/29/ ORDER AND MEMORANDUM OPINION ON MOTIONS TO DISMISS mooting [79-1] motion for Oral Argument on [69-1] motion to dismiss the consolidated amended complaint with prejudice, [59-1] motion to dismiss consolidated amended class action complaint, [47-1] motion to dismiss consolidated amended class action complaint, mooting [70-1] motion for Oral Argument on [69-1] motion to dismiss the consolidated amended complaint with prejudice, granting in part, denying in part [69-1] motion to dismiss the consolidated amended complaint with prejudice, mooting [61-1] motion for Oral Argument on [59-1] motion to dismiss consolidated amended class action complaint, granting in part, denying in part [59-1] motion to dismiss consolidated amended class action complaint, mooting [58-1] motion for Oral Argument on motion to dismiss complaint, mooting motion for Oral Argument on [47-1] motion to dismiss consolidated amended class action complaint, granting in part, denying in part [47-1] motion to dismiss consolidated amended class action complaint, mooting [6-1] joint motion for leave to file consolidated amended class action complaint, mooting [6-2] joint motion to stay response to complaint (Signed by Judge Shelby Highsmith on 06/29/01) [EOD Date: 7/2/01] (ra) [Entry date 07/02/01] [Edit date 07/24/01] 7/20/ ORDER Set status conference for 9:30 8/21/01 before Judge Shelby Highsmith ( Signed by Judge Shelby Highsmith on 07/20/01) [EOD Date: 7/23/01] (ra) [Entry date 07/23/01] 7/30/ UNOPPOSED MOTION by Robert New to extend time to answer to consolidated amended class action complaint (ra)

17 [Entry date 07/31/01] 7/31/ ORDER granting [103-1] motion to extend time to answer to consolidated amended class action complaint Reset answer due for 8/3/01 for Jonathan New (Signed by Judge Shelby Highsmith on 07/31/01) [EOD Date: 8/1/01] (ra) [Entry date 08/01/01] 7/31/ Answer and affirmative defenses by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney (Attorney), (ra) [Entry date 08/01/01] 7/31/ Answer and affirmative defenses by Jonathan New (Attorney), (ra) [Entry date 08/01/01] 7/31/ Answer and affirmative defenses by Stuart Cauff (Attorney ), (ra) [Entry date 08/01/01] 8/2/ Answer and affirmative defenses by Robert New (Attorney), to consolidated amended class action complaint (ra) [Entry date 08/03/01] 8/6/ JOINT REPORT PURSUANT TO LOCAL RULE 16.1 (B) by Mitchell D. Wein, Unicapital, Robert New, Jonathan New, Stuart Cauff, Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney, Monica D. New (ra) [Entry date 08/07/01] 8/10/ UNOPPOSED MOTION by Robert New for Thomas P. Cimino to appear pro hac vice (ra) [Entry date 08/14/01] 8/10/01 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 08/14/01] 8/10/ DECLARATION of Thomas P. Cimino by Robert New Re: [110-1] motion for Thomas P. Cimino to appear pro hac vice (ra) [Entry date 08/14/01] 8/15/ ORDER granting [110-1] motion for Thomas P. Cimino to appear pro hac vice ( Signed by Judge Shelby Highsmith on 08/15/01) [EOD Date: 8/17/01] (ra) [Entry date 08/17/01] 8/17/ VERIFIED MOTION by Morgan Stanley Dean, Salomon Smith Barney for Daniel Slifkin to appear pro hac vice (ra) [Entry date 08/20/01]

18 8/17/01 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 08/20/01] 8/20/ NOTICE of filing attached revised joint proposed scheduling order by Mitchell D. Wein (ra) [Entry date 08/21/01] 8/21/01 -- Status conference held before Judge Shelby Highsmith (nt) [Entry date 08/22/01] 8/21/ Minutes of Status Conference held before Judge Shelby Highsmith on 08/21/01; Filing for class certification due 10/29/01, 60 days to respond; Case to be set for trial after class certification; Court Reporter Name or Tape #: R. Belsvik (nt) [Entry date 08/22/01] 8/21/ MINUTE ORDER setting motion for class certification filing deadline for 10/29/01 (See Order for further details.) ( Signed by Judge Shelby Highsmith on 08/21/01) [EOD Date: 8/22/01] (nt) [Entry date 08/22/01] 8/21/ ORDER granting [113-1] motion for Daniel Slifkin to appear pro hac vice ( Signed by Judge Shelby Highsmith on 08/21/01) [EOD Date: 8/22/01] (nt) [Entry date 08/22/01] 8/23/ Transcript filed re: Pretrial Conference held 8/21/01 before Judge Shelby Highsmith Pages: Court Reporter: Randall J. Belsvik (gp) [Entry date 08/24/01] 10/9/ NOTICE of Change of Firm Address by Mitchell D. Wein (ra) [Entry date 10/10/01] 10/29/ MOTION by All Plaintiffs to certify class action (tb) [Entry date 10/30/01] 10/29/ MEMORANDUM by All Plaintiffs in support of [120-1] motion to certify class action (tb) [Entry date 10/30/01] 11/15/ NOTICE of Pendency of Other Action. by Jonathan New (wc) [Entry date 11/16/01] 12/11/ UNOPPOSED MOTION by Unicapital, Stuart Cauff, Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney to

19 extend time reply to motion for class certification (ra) [Entry date 12/12/01] 12/18/ NOTICE of filing agreed protective order (protective order in chamber) by All Plaintiffs (ra) [Entry date 12/19/01] 1/7/ ORDER granting [123-1] motion to extend time reply to motion for class certification Response to motion reset to 1/28/02 for [120-1] motion to certify class action ( Signed by Judge Shelby Highsmith on 01/04/02) [EOD Date: 1/8/02] (ra) [Entry date 01/08/02] 1/9/ Second Unopposed MOTION by Morgan Stanley Dean, Salomon Smith Barney, Friedman Billings, Stuart Cauff, Jonathan New, Robert New to extend time to reply to motion for class certification (gz) [Entry date 01/10/02] 1/9/ Verified MOTION by Salomon Smith Barney, Morgan Stanley Dean, Friedman Billings for Kevin A Burke to appear pro hac vice (gz) [Entry date 01/10/02] 1/9/02 -- Filing Fee Paid; FILING FEE $ RECEIPT # (Kevin A. Burke to appear PHV - DE 127) (gz) [Entry date 01/10/02] 1/11/ ORDER granting [126-1] motion to extend time to reply to motion for class certification Response to motion reset to 2/28/02 for [120-1] motion to certify class action ( Signed by Judge Shelby Highsmith on 01/11/02) [EOD Date: 1/14/02] (ra) [Entry date 01/14/02] 1/11/ ORDER granting [127-1] motion for Kevin A Burke to appear pro hac vice ( Signed by Judge Shelby Highsmith on 01/11/02) [EOD Date: 1/14/02] (ra) [Entry date 01/14/02] 1/14/ NOTICE of Unavailability by Jonathan New for dates of: 06/06/02 06/30/02 (ra) [Entry date 01/15/02] 1/16/ AGREED CONFIDENTIALITY ORDER (see order fir more information (Signed by Judge Shelby Highsmith on 01/16/02) [EOD Date: 1/17/02] (ra) [Entry date 01/17/02] 1/16/ AGREED PROTECTIVE ORDER (see order for more information) (Signed by Judge Shelby Highsmith on 01/16/02) [EOD Date: 1/17/02] (ra) [Entry date 01/17/02]

20 2/13/ Non-Waiver Agreement by Mitchell D. Wein (ra) [Entry date 02/14/02] 2/19/ EMERGENCY MOTION with memorandum in support by Mitchell D. Wein to enforce subpoena duses tecum, and to compel production of documents (ra) [Entry date 02/20/02] 2/20/ AGREED MOTION with memorandum in support by Unicapital to establish deadline to respond to complaint (ra) [Entry date 02/21/02] 2/21/ NOTICE OF WITHDRAWAL by Mitchell D. Wein of [134-1] motion to enforce subpoena duses tecum, [134-2] motion to compel production of documents (ra) [Entry date 02/22/02] 2/21/ ORDER granting motion requesting expedition of the briefing schedule (Signed by Judge Shelby Highsmith on 02/20/02) [EOD Date: 2/22/02] (ra) [Entry date 02/22/02] 2/27/ ORDER granting [135-1] motion to establish deadline to respond to complaint Reset answer due for 3/31/02 for Unicapital ( Signed by Judge Shelby Highsmith on 02/27/02) [EOD Date: 2/28/02] (ra) [Entry date 02/28/02] 2/27/ AGREED MOTION by Stuart Cauff to extend time to respond to motion for class certification (ra) [Entry date 02/28/02] 2/28/ MEMORANDUM by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney in opposition to [120-1] motion to certify class action (ra) [Entry date 03/01/02] 2/28/ DECLARATION of Daniel Slifkin by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney Re: [140-1] memorandum in opposition to motion for class certification (with attachments) (ra) [Entry date 03/01/02] 2/28/ ORDER denying [134-1] motion to enforce subpoena duses tecum denying [134-2] motion to compel production of documents (Signed by Judge Shelby Highsmith on 02/27/02) [EOD Date: 3/1/02] (ra) [Entry date 03/01/02] 2/28/ JOINT RESPONSE by Jonathan New to [120-1] motion for class certification (ra) [Entry date 03/01/02]

21 3/7/ UNOPPOSED MOTION by Wein Mitchell to alter briefing schedule and procedures for pending motion for class certification (ra) [Entry date 03/08/02] [Edit date 03/20/02] 3/13/ STIPULATION by Stuart Cauff In Re: Substitution of Counsel (ra) [Entry date 03/14/02] 3/20/ ORDER granting [144-1] motion to alter briefing schedule and procedures for pending motion for class certification (Signed by Judge Shelby Highsmith on 03/20/02) [EOD Date: 3/21/02] (ra) [Entry date 03/21/02] 3/20/ ORDER granting [139-1] motion to extend time to respond to motion for class certification Response to motion reset to 4/15/02 for [120-1] motion to certify class action ( Signed by Judge Shelby Highsmith on 03/20/02) [EOD Date: 3/21/02] (ra) [Entry date 03/21/02] 3/28/ AGREED MOTION with memorandum in support by Unicapital to extend time to respond to complaint (ra) [Entry date 03/29/02] 4/1/ ORDER granting [148-1] motion to extend time to respond to complaint Reset answer due for 04/15/02 for Unicapital (Signed by Judge Shelby Highsmith on 04/01/02) [EOD Date: 4/2/02] (ra) [Entry date 04/02/02] 4/15/ MOTION with memorandum in support by Unicapital to dismiss plaintiffs' consolidated amended class action complaint (ra) [Entry date 04/16/02] 4/15/ RESPONSE by Stuart Cauff to motion for class certification (ra) [Entry date 04/16/02] 4/29/ UNOPPOSED MOTION by Mitchell D. Wein to extend time to reply to response to motion for class certification (ra) [Entry date 04/30/02] 4/30/ AGREED MOTION by Mitchell D. Wein to extend time to respond to motion to dismiss amended complaint (ra) [Entry date 05/01/02]

22 5/1/ ORDER granting [152-1] motion to extend time to reply to response to motion for class certification, Response to motion reset to 5/10/02 for [120-1] motion to certify class action ( Signed by Judge Shelby Highsmith on 5/2/02) [EOD Date: 5/3/02] (sp) [Entry date 05/03/02] 5/2/ ORDER granting [153-1] motion to extend time to respond to motion to dismiss amended complaint Response to motion reset to 6/2/02 for [150-1] motion to dismiss plaintiffs' consolidated amended class action complaint ( Signed by Judge Shelby Highsmith on 5/2/02) [EOD Date: 5/3/02] (gz) [Entry date 05/03/02] 5/10/ MOTION by All Plaintiffs for leave to file Reply in support of Class Certification in excess of page limitations (Proposed Reply located in Pod #2, Docketing) (wc) [Entry date 05/13/02] 5/10/ Declaration of Kenneth J. Vianale by Stuart Cauff in support of [120-1] motion to certify class action (ls) [Entry date 05/13/02] 5/23/ Request by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney for Hearing on new issue and merits of [120-1] motion to certify class action (hd) [Entry date 05/24/02] 5/24/ RESPONSE by Mitchell D. Wein to [158-1] motion for Hearing on new issue and merits of [120-1] motion to certify class action (ra) [Entry date 05/28/02] 5/29/ ORDER OF REFERENCE Referring Motion(s) [120-1] motion to certify class action referred to Magistrate Judge William C. Turnoff, [158-1] motion for Hearing on new issue and merits of [120-1] motion to certify class action referred to Magistrate Judge William C. Turnoff ( signed by Judge Shelby Highsmith on 05/28/02) [EOD Date: 5/30/02] (ra) [Entry date 05/30/02] 5/29/ ORDER granting [156-1] motion for leave to file Reply in support of Class Certification in excess of page limitations (Signed by Judge Shelby Highsmith on 05/28/02) [EOD Date: 5/30/02] (ra) [Entry date 05/30/02] 5/29/ REPLY by Mitchell D. Wein in support of [120-1] motion to certify class action (ra) [Entry date 05/30/02]

23 6/4/ RESPONSE by Mitchell D. Wein to [150-1] motion to dismiss plaintiffs' consolidated amended class action complaint (ra) [Entry date 06/05/02] 6/4/ DECLARATION of Kenneth J. Vianale by Mitchell D. Wein Re: [163-1] motion response (ra) [Entry date 06/05/02] 6/11/ AGREED MOTION by Unicapital to extend time to reply to response to motion to dismiss (wc) [Entry date 06/12/02] 6/13/ ORDER granting [165-1] motion to extend time to reply to response to motion to dismiss; Reply to Response to Motion reset to 6/21/02 for [150-1] motion to dismiss plaintiffs' consolidated amended class action complaint ( Signed by Judge Donald Graham for Judge Shelby Highsmith on 6/13/02) [EOD Date: 6/17/02] (sp) [Entry date 06/17/02] 6/20/02 -- Consolidated Lead Case (ra) 6/21/ REPLY by Unicapital in support of [150-1] motion to dismiss plaintiffs' consolidated amended class action complaint (ra) [Entry date 06/24/02] 6/25/ UNOPPOSED MOTION by Unicapital for leave to file reply memorandum in excess of 10 pages (ra) [Entry date 06/26/02] 6/25/ AMENDED REPLY by Unicapital in support of [150-1] motion to dismiss plaintiffs' consolidated amended class action complaint (ra) [Entry date 06/26/02] 6/27/ ORDER granting [168-1] motion for leave to file reply memorandum in excess of 10 pages (Signed by Judge Donald L. Graham on 06/27/02) [EOD Date: 6/28/02] (ra) [Entry date 06/28/02] 7/11/ NOTICE by Mitchell D. Wein in connection with Unicapital's motion to dismiss (gz) [Entry date 07/12/02] 7/18/ MOTION with memorandum in support by Mitchell D. Wein to enforce subpoena duces tecum, and to compel the production of documents (ls) [Entry date 07/19/02]

24 7/18/ REQUEST by Mitchell D. Wein for expedited Hearing on [172-1] motion to enforce subpoena duces tecum, [172-2] motion to compel the production of documents (ls) [Entry date 07/19/02] 7/19/ ORDER OF REFERENCE Referring Motion(s) [173-1] motion for expedited Hearing on [172-1] motion to enforce subpoena duces tecum, [172-2] motion to compel the production of documents referred to Magistrate Judge William C. Turnoff, [172-1] motion to enforce subpoena duces tecum referred to Magistrate Judge William C. Turnoff ( signed by Judge Shelby Highsmith on 07/19/02) [EOD Date: 7/22/02] (ra) [Entry date 07/22/02] 7/25/ NOTICE in Conection with Unicapital's motion to dismiss by All Plaintiffs (ra) [Entry date 07/26/02] 7/25/ NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Mitchell D. Wein (ra) [Entry date 07/26/02] 8/2/ RESPONSE by Stuart Cauff to [172-1] motion to enforce subpoena duces tecum, [172-2] motion to compel the production of documents (ra) [Entry date 08/05/02] 8/2/ RESPONSE by Unicapital to [172-1] motion to enforce subpoena duces tecum, [172-2] motion to compel the production of documents (ra) [Entry date 08/05/02] 8/7/ NOTICE OF WITHDRAWAL by Unicapital of portion of [150-1] motion to dismiss plaintiffs' consolidated amended class action complaint (ra) [Entry date 08/08/02] 8/7/ MOTION with memorandum in support by Unicapital to extend time to answer unopposed portions of amended complaint and for status conference (ra) [Entry date 08/08/02] 8/9/ ORDER granting [173-1] motion for expedited Hearing on [172-1] motion to enforce subpoena duces tecum, [172-2] motion to compel the production of documents Motion hearing before Magistrate Judge William C. Turnoff set for 4:00 9/12/02 for [172-2] motion to compel the production of documents ( Signed by Magistrate Judge William C. Turnoff on 8/7/02) [EOD Date: 8/12/02] (ra) [Entry date 08/12/02] 8/12/ REPLY MEMORANDFUM by Mitchell D. Wein in connection with [172-1] motion to enforce subpoena duces tecum, [172-2]

25 motion to compel the production of documents (ra) [Entry date 08/13/02] 8/23/ RESPONSE by Mitchell D. Wein to [179-2] motion for status conference (ra) [Entry date 08/26/02] 9/10/ NOTICE OF WITHDRAWAL by Mitchell D. Wein of [172-2] motion to compel the production of documents (ra) [Entry date 09/11/02] 10/15/ ORDER denying [158-1] motion for Hearing on new issue and merits of [120-1] motion to certify class action, denying [120-1] motion to certify class action vacating [160-1] referral/referred order ORDERED AND ADJUDGED that Plaintiffs shall file a renewed motion for class certification within thirty (30) days of the date of this Order. Plaintiffs shall discuss the propriety of class certification with respect to each of the five (5) claims alleged. Plaintiffs, moreover, shall identify whether they are seeking to certify an overall class, a sub-class, or both classes with respect to each claim (Signed by Judge Shelby Highsmith on 10/15/02) [EOD Date: 10/16/02] (ls) [Entry date 10/16/02] 10/15/ ORDER granting in part, denying in part [150-1] motion to dismiss plaintiffs' consolidated amended class action complaint; ORDERED AND ADJUDGED that Defendant's motion to dismiss is GRANTED IN PART DENIED IN PART; insofar as count II of Plaintiffs' amended complaint asserts claims against Defendant Unicapital pursuant to section 12(a)(2) of the Securities Act, said claim is DISMISSED; The remainder of Defendant's motion to dismiss is DENIED; and Defendant Unicaptial shall file and serve its answer to Plaintiffs' amended complaint within twenty (20) days of the date of this order (Signed by Judge Shelby Highsmith on 10/15/02) [EOD Date: 10/16/02] (ls) [Entry date 10/16/02] 10/15/ ORDER denying [179-1] motion to extend time to answer unopposed portions of amended complaint, denying [179-2] motion for status conference ( Signed by Judge Shelby Highsmith on 10/15/02) [EOD Date: 10/16/02] (ls) [Entry date 10/16/02] 11/4/ AGREED MOTION by Unicapital to extend time to respond to amended complaint (ls) [Entry date 11/05/02] 11/7/ ORDER granting [187-1] motion to extend time to respond to amended complaint Reset answer to amended complaint due

26 for 12/4/02 for Unicapital ( Signed by Judge Shelby Highsmith on 11/6/02) [EOD Date: 11/8/02] (ls) [Entry date 11/08/02] 11/14/ MOTION with memorandum in support by Mitchell D. Wein for class certification (ls) [Entry date 11/15/02] [Edit date 09/08/03] 11/22/ MOTION by Robert New, Jonathan New, Stuart Cauff, Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney to extend time to reply to Plaintiffs' renewed motion for class certification (ls) [Entry date 11/25/02] 12/4/ AGREED MOTION by Unicapital to extend time to respond to amended complaint and to Plaintiff's renewed motion for class certification (ls) [Entry date 12/05/02] 12/4/ ORDER granting [190-1] motion to extend time to reply to Plaintiffs' renewed motion for class certification Response to motion reset to 12/10/02 for [189-1] motion for class certification ( Signed by Judge Shelby Highsmith on 12/3/02) [EOD Date: 12/5/02] (ls) [Entry date 12/05/02] 12/6/ ORDER granting [191-1] motion to extend time to respond to amended complaint and to Plaintiff's renewed motion for class certification Reset answer due for 1/6/03 for Unicapital ( Signed by Judge Shelby Highsmith on 12/5/02) [EOD Date: 12/9/02] (ls) [Entry date 12/09/02] 12/10/ MEMORANDUM by Morgan Stanley Dean, Salomon Smith Barney, Friedman Billings in opposition to [189-1] motion for class certification (ls) [Entry date 12/11/02] 12/10/ RENEWED MOTION with memorandum in support by Robert New, Jonathan New to certify class action (ls) [Entry date 12/11/02] 12/10/ JOINT RESPONSE by Jonathan New, Robert New to [189-1] motion for class certification (gp) [Entry date 09/08/03] 12/12/ RESPONSE by Stuart Cauff to [189-1] motion for class certification (ls) [Entry date 12/13/02] 12/18/ MOTION by All Plaintiffs to extend time to file a consolidated Reply to Plaintiffs' Renewed motion for class certification (wc) [Entry date 12/19/02]

27 12/20/ JOINDER/NOTICE of adoption of [196-1] motion response by Unicapital (ls) [Entry date 12/23/02] 12/20/ ORDER denying [172-1] motion to enforce subpoena duces tecum, denying [172-2] motion to compel the production of documents ( Signed by Judge Shelby Highsmith on 12/17/02) [EOD Date: 12/23/02] (ls) [Entry date 12/23/02] 12/20/ ORDER granting [197-1] motion to extend time to file a consolidated Reply to Plaintiffs' Renewed motion for class certification Reply to Response to Motion reset to 1/30/03 for [189-1] motion for class certification (Signed by Judge Shelby Highsmith on 12/20/02) [EOD Date: 9/8/03] (ls) [Entry date 12/23/02] 1/6/ AGREED MOTION with memorandum in support by Unicapital to extend time respond to amended complaint (mh) [Entry date 01/07/03] 1/16/ ORDER granting [201-1] motion to extend time respond to amended complaint Reset answer to amended complaint due for 1/27/03 for Unicapital ( Signed by Judge Shelby Highsmith on 1/15/03) [EOD Date: 1/17/03] (ls) [Entry date 01/17/03] 1/27/ ANSWER by Unicapital (Attorney Keith Olin) to amended class action complaint (ra) [Entry date 01/28/03] 1/30/ MOTION with memorandum in support by Mitchell D. Wein to supplement proposed class representatives through submission of second renewed motion for class certification (ra) [Entry date 01/31/03] [Edit date 01/31/03] 1/30/ SECOND RENEWED MOTION with memorandum in support by Mitchell D. Wein to certify class action (ra) [Entry date 01/31/03] 1/31/ ORDER plaitiff and defendant are directed to file and serve a status report within 20 days from the date of this order (Signed by Judge Shelby Highsmith on 01/31/03) [EOD Date: 2/3/03] (ra) [Entry date 02/03/03] 2/14/ MEMORANDUM by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney in opposition to [204-1] motion to

28 supplement proposed class representatives through submission of second renewed motion for class certification, [205-1] motion to certify class action (ra) [Entry date 02/18/03] 2/14/ RESPONSE by Jonathan New, Stuart Cauff to [204-1] motion to supplement proposed class representatives through submission of second renewed motion for class certification (ra) [Entry date 02/18/03] 2/20/ JOINT REPORT pursuant to order dated 01/31/03 by Mitchell D. Wein, Unicapital, Robert New, Jonathan New, Stuart Cauff, Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney, Monica D. New (ra) [Entry date 02/21/03] 2/20/ REPLY by Mitchell D. Wein to memorandum in opposition to [204-1] motion to supplement proposed class representatives through of second renewed motion for class certification (ra) [Entry date 02/21/03] 3/20/ NOTICE of Unavailability by Stuart Cauff for dates of: 5/15/03 through 5/31/03 and 6/9/03 through 6/30/03 (gz) [Entry date 03/21/03] 4/9/ NOTICE of filing attached notice of pendency of other actions by Jonathan New (ra) [Entry date 04/10/03] 4/22/ NOTICE of Registration and Name Change of Attorney by Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney (gp) [Entry date 04/23/03] 5/21/ NOTICE of Filing Notice of Pendency of Other Actions by Jonathan New (gp) [Entry date 05/22/03] 5/21/ NOTICE of Pendency of Other Action. by Jonathan New (gp) [Entry date 05/22/03] 5/28/ MOTION with memorandum in support by Robert New, Jonathan New, Stuart Cauff to deem admitted the Defendants' First Set of Requests for Admissions (gp) [Entry date 05/29/03] 5/28/ NOTICE of Filing attached requests for admissions and response to Defendants' First Set of Requests for Admission by Jonathan New (gp) [Entry date 05/29/03]

29 6/13/ RESPONSE by Mitchell D. Wein to [215-1] motion to deem admitted the Defendants' First Set of Requests for Admissions (gp) [Entry date 06/16/03] 6/23/ Agreed MOTION by Jonathan New to extend time to serve reply in support of their motion to deem admitted (cj) [Entry date 06/24/03] 6/25/ REPLY by Jonathan New, Stuart Cauff, Robert New in support to [215-1] motion to deem admitted the Defendants' First Set of Requests for Admissions (gp) [Entry date 06/26/03] 6/26/ ORDER granting, nunc pro tunc [218-1] motion to extend time to serve reply in support of their motion to deem admitted. Defendants have up to and including 6/25/03 to serve reply (Signed by Judge Shelby Highsmith on 6/26/03) [EOD Date: 6/27/03] (gp) [Entry date 06/27/03] 7/8/ MOTION by Robert New for Jon P. McCarty, Erin Bolan Hines to appear pro hac vice, and for Rene A. Torrado, Jr. to withdraw as attorney (gp) [Entry date 07/10/03] 7/8/ DECLARATION of Jon P. McCarty by Robert New Re: [221-1] motion for Jon P. McCarty, Erin Bolan Hines to appear pro hac vice (gp) [Entry date 07/10/03] 7/8/ DECLARATION of Erin Bolan Hines by Robert New Re: [221-1] motion for Jon P. McCarty, Erin Bolan Hines to appear pro hac vice (gp) [Entry date 07/10/03] 7/8/ NOTICE of attorney appearance for Robert New by David Palmer Hartnett, Maureen Genevieve Pearcy (gp) [Entry date 07/10/03] 7/23/ MOTION with memorandum in support by All Plaintiffs for rule 11 sanctions (lk) [Entry date 07/24/03] 7/25/ NOTICE of filing notice of firm name and proof of service by Robert New (lk) [Entry date 07/29/03] 7/25/ NOTICE of Change of FIRM NAME by counsel for Robert New (lk) [Entry date 07/29/03]

30 8/6/ RESPONSE by Jonathan New, Stuart Cauff, Robert New to [225-1] motion for rule 11 sanctions (gp) [Entry date 08/07/03] 8/15/ AGREED MOTION by Mitchell D. Wein to extend time to file reply to defendant's response to motion for Rule 11 sanctions (mh) [Entry date 08/18/03] 8/18/ REPLY by Mitchell D. Wein to response to [225-1] motion for rule 11 sanctions (gp) [Entry date 08/20/03] 8/19/ ORDER granting [229-1] motion to extend time to file reply to defendant's response to motion for Rule 11 sanctions. Plaintiffs have up to and including 8/18/03, in which to file and serve their aforementioned reply brief ( Signed by Judge Shelby Highsmith on 8/19/03) [EOD Date: 8/20/03] (gp) [Entry date 08/20/03] 10/22/ ORDER granting [221-1] motion for Jon P. McCarty, Erin Bolan Hines to appear pro hac vice, granting [221-2] motion for Rene A. Torrado, Jr. to withdraw as attorney ( Signed by Judge Shelby Highsmith on 10/22/03) [EOD Date: 10/23/03] (gp) [Entry date 10/23/03] 3/8/ NOTICE OF WITHDRAWAL by All Plaintiffs of [225-1] motion for rule 11 sanctions (gp) [Entry date 03/09/04] 4/30/ NOTICE of Unavailability by Jonathan New for dates of: 7/14/04 through and including 7/5/04 (gp) [Entry date 05/03/04] 5/19/ NOTICE of Change of Law Firm Name by Mitchell D. Wein (wc) [Entry date 05/20/04] 9/7/ ORDER SETTING STATUS CONFERENCE Status conference set for 3:00 9/27/04 before Judge Shelby Highsmith ( Signed by Judge Donald L. Graham on 9/7/04) [EOD Date: 9/8/04] CCAP (sk) [Entry date 09/08/04] 9/20/ JOINT STATUS REPORT by Mitchell D. Wein, Unicapital, Robert New, Jonathan New, Stuart Cauff, Friedman Billings, Morgan Stanley Dean, Salomon Smith Barney, Monica D. New (sk) [Entry date 09/21/04]

31 9/24/ STIPULATION and agreement of settlement by Lead Plaintiffs, All Defendants (sk) [Entry date 09/27/04] 9/24/ MOTION with memorandum in support by Lead Plaintiffs, Karen Zully, Neil Einhorn for preliminary approval of STIPULATION and agreement of settlement (sk) [Entry date 09/27/04] 9/27/ ORDER mooting [215-1] motion to deem admitted the Defendants' First Set of Requests for Admissions, mooting [205-1] motion to certify class action, mooting [204-1] motion to supplement proposed class representatives through submission of second renewed motion for class certification ( Signed by Judge Shelby Highsmith on 09/27/04) [EOD Date: 9/28/04] (sk) [Entry date 09/28/04] 9/29/ PRELIMINARY ORDER in connection with settlement proceedigns, and re certifying class action granting [239-1] motion for preliminary approval of STIPULATION and agreement of settlement ( Signed by Judge Shelby Highsmith on 09/29/04) [EOD Date: 9/30/04] (sk) [Entry date 09/30/04] 11/23/ NOTICE of Change of Address of attorney by All Plaintiffs (sk) [Entry date 11/24/04] 1/12/ Notice of filing Cauff AFFIDAVIT by Stuart Cauff Re: limited objection to [238-1] stipulation and agreement of settlement (sk) [Entry date 01/13/05] 1/12/ LIMITED/RESPONSE by Stuart Cauff in opposition to [238-1] STIPULATION and agreement of settlement (sk) [Entry date 01/13/05] 1/19/ RESPONSE by Unicapital in opposition to [244-1] LIMITED/RESPONSE by Stuart Cauff in opposition to [238-1] STIPULATION and agreement of settlement (sk) [Entry date 01/21/05] 1/19/ MOTION with memorandum in support by Class Representative (Attorney ) to Tax Costs and expenses (sk) [Entry date 01/21/05] 1/19/ MOTION by All Plaintiffs (Attorney ) for approval of settlement, for approval of plan of allocation, and for