U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:96-cv HB

Transcription

1 US District Court Civil Docket as of 07/15/2002 Retrieved from the Court on Tuesday, December 20, 2005 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:96-cv HB Koppel, et al v Corporation, et al Assigned to: Judge Harold Baer, Jr Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Jay H. Koppel Plaintiff Arnold E. Greenberg Date Filed: 10/04/1996 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question represented by Edward Labaton Labaton Rudoff & Sucharow LLP 100 Park Avenue 12th Floor New York, NY Fax: V. Defendant 4987 Corporation Defendant 498 Seventh Avenue Associates Defendant Peter L. Malkin represented by Richard P. Swanson Thelen, Reid & Priest L.L.P. 40 West 57th Street New York, NY (212) Thomas E.L. Dewey Dewey, Pegno & Kramarsky, LLP

2 220 East 42nd Street, 33rd FLr New York, NY (212) Fax: (212) Defendant Stanley Katzman represented by Richard P. Swanson (See above for address) Defendant John L. Loehr represented by Richard P. Swanson (See above for address) Defendant Martin D. Newman represented by Richard P. Swanson (See above for address) Thomas E.L. Dewey (See above for address) Defendant Wien, Malkin & Bettex represented by Richard P. Swanson (See above for address) Thomas E.L. Dewey (See above for address) Nominal Defendant Garment Capitol Associates Defendant Donald A. Bettex

3 Date Filed # Docket Text 10/04/ COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ RECEIPT # (ba) (Entered: 10/07/1996) 10/04/ Rule 9 certificate filed by Jay H. Koppel (ba) (Entered: 10/07/1996) 10/04/1996 Magistrate Judge Pitman is so Designated. (ba) (Entered: 10/07/1996) 10/23/ Affidavit of service as to 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Wien, Malkin & Bette by personal service, serving Sophia Tzannes, a paralegal on 10/4/96. Answer due on 10/24/96 for 4987 Corporation, for 498 Seventh Ave., for Peter L. Malkin, for Stanley Katzman, for John L. Loehr, for Wien, Malkin & Bette (ae) (Entered: 10/24/1996) 10/29/ STIPULATION, extending defts' time to answer the complaint is extended to 11/25/96, reset answer due for 11/25/96 for Wien, Malkin & Bette, for Martin D. for John L. Loehr, for Stanley Katzman, for Peter L. for 498 Seventh Ave., for 4987 Corporation ( signed by Judge Robert L. Carter ). (kg) (Entered: 10/30/1996) 11/22/ STIPULATION and ORDER, reset answer due for 12/16/96 for Garment Capitol Associates Wien, Malkin & Bette, for Martin D. Newman, for John L. Loehr, for Stanley Katzman, for Peter L. Malkin, for 498 Seventh Ave., for 4987 Corporation ( signed by Judge L. Carter ). (kw) (Entered: 11/25/1996) 12/17/ NOTICE OF MOTION by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Garment Capitol Asso to dismiss, Return date 1/17/97 (ls) (Entered: 12/17/1996) 12/17/ AFFIDAVIT in support of William J. Schwartz by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Garment Capitol Asso Re: [6-1] motion to dismiss (ls) (Entered: 12/17/1996) 12/17/ MEMORANDUM by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Garment Capitol Asso in support of [6-1] motion to dismiss (ls) (Entered: 12/17/1996) 12/17/ MEMORANDUM OF LAW by Jay H. Koppel in support of his motion for Appointment as Lead Plaintiff and for Approval of Plaintiff's Choice of Counsel. (motion not on file) (djc) (Entered: 12/18/1996) 12/17/ AFFIDAVIT in support of Joseph Sternberg by Jay H. Koppel Re: of Plaiintiff's motion for Appointment as Lead Plaintiff and for Approval of Plaintiff's Choice of Counsel. (djc) (Entered: 12/18/1996) 12/17/ NOTICE OF MOTION by Jay H. Koppel for appointment to serve as lead plaintiff in the above-captioned derivative and securities fraud class action AND for approval of his choice of co-lead counsel, Return date 1/9/97 (djc) (Entered: 12/18/1996) 01/03/ REPLY MEMORANDUM by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Garment Capitol Asso re: [10-1] motion appointment to serve as lead plaintiff in the above-captioned derivative and securities fraud class action, [10-2] motion for

4 approval of his choice of co-lead counsel (ls) (Entered: 01/06/1997) 01/06/ REPLY MEMORANDUM OF LAW by Jay H. Koppel re: in support of [10-1] motion appointment to serve as lead plaintiff in the above-captioned derivative and securities fraud class action, [10-2] motion for approval of his choice of co-lead counsel (kg) (Entered: 01/07/1997) 01/08/ STIPULATION and ORDER, pltffs. Response to motion reset to 1/24/97 [6-1] motion to dismiss, defts'. Reply to Response to Motion to 2/7/97 [6-1] motion to dismiss, Return date reset to Return date reset to 2/14/97 [6-1] motion to dismiss, the motion will be taken on submission, no appearance is necessary...so ORDERED... ( signed by Judge Robert L. Carter ). (ls) (Entered: 01/08/1997) 01/14/ STIPULATION and ORDER, Response to motion to dismiss reset to 2/7/97 [6-1] motion to dismiss, Reply to Response to reset to 2/21/97 [6-1] motion to dismiss, Return date reset to Return date reset to 2/28/97 [6-1] motion to dismiss ( signed by Judge Robert L. Carter ). (djc) (Entered: 01/15/1997) 01/22/ Affidavit of service of summons and complaint as to Martin D. Newman upon receptionist on 1/2/97. Answer due on 1/22/97 for Martin D. Newman; also mailed copy of same by First Class mail. (djc) (Entered: 01/27/1997) 02/07/ MEMORANDUM by Jay H. Koppel in opposition to [6-1] motion to dismiss (pl) (Entered: 02/10/1997) 02/07/ AFFIDAVIT of Joseph Sternberg (pl) Modified on 02/10/1997 (Entered: 02/10/1997) 02/21/ STIPULATION and ORDER, reset defendants' service deadline for 2/28/97, Return date reset to Return date reset to 3/7/97 [6-1] motion to dismiss... So Ordered...( signed by Judge Robert L. Carter ). (pl) (Entered: 02/21/1997) 02/28/ REPLY MEMORANDUM by Defendants in support re: [6-1] motion to dismiss (pl) (Entered: 03/04/1997) 05/21/1997 STIPULATION and ORDER, *(see below) Pltff's Response to defts' dismissal motion reset to 6/13/97, defts' Reply to Response to their dismissal motion reset to 7/11/97, Return date reset to 7/18/97 at 10:00 for defts' motion to dismiss the complt. ( signed by Judge Robert L. Carter ). *Note: orig. doc. fld. in related case no. 97 civ 1754 (RLC) and noted only in this related case (ls) (Entered: 05/22/1997) 06/03/1997 AMENDED COMPLAINT/JURY DEMAND *(see below) fld. Summons issued. *Note: doc. fld. in related case no. 97 civ 1754 (RLC) and noted only in this case (ls) (Entered: 06/06/1997) 12/09/ MEMORANDUM OPINION #7938 granting [6-1] motion to dismiss; plntf's motion for appointment as lead plntf and for approval of plntf's choice of counsel is dismissed ( Signed by Judge Robert L. Carter ); Copies mailed; sent for jgmnt (also docketed in 97cv1754) (cd) Modified on 12/11/1997 (Entered: 12/11/1997) 12/11/ JUDGMENT; that for the reasons stated in the Court's Opinion (79738) of 12/8/97, pltff Koppel and pltff Greenberg's federal claims are dismissed; the state claims are dismissed for lack of subject matter jurisdiction; and Koppel's motion appt. as lead pltff and for approval of pltff's choice of counsel are hereby dismissed; (signed: James M. Parkison, Clerk); mailed copies and notice of right to appeal; EOD

5 12/15/97 (ls) Modified on 12/17/1997 (Entered: 12/15/1997) 12/11/1997 Case closed (ls) (Entered: 12/15/1997) 01/08/ NOTICE OF APPEAL by Jay H. Koppel ; from [21-1] judgment order. Copies of notice of appeal mailed to Attorney(s) of Record: Kronish, Lieb, Weiner & Hellman & Wein, Malkin & Bettex, Fee pd., Rec. # (as) (Entered: 01/08/1998) 01/28/ Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [22-1] appeal by Jay H. Koppel. (as) (Entered: 01/30/1998) 03/02/ MANDATE OF USCA (certified copy) Re: [22-1] appeal by Jay H. Koppel. It is hereby ordered, adjudged and decreed that the judgment of said district court be and it hereby is affirmed in part, reversed in part and remanded in accordance with the opinion of this court. ( , ) Carolyn Clark Campbell, Clerk, USCA. (as) (Entered: 03/03/1999) 03/02/1999 Case reopened (as) (Entered: 03/03/1999) 08/11/ OPINION #82693, defendants' motion for dismissal is granted as to Koppel's claim for common law fraud and conspiracy to commit fraud and plaintiffs' derivative claims for breach of fiduciary duties. Defendants' motion is denied as to all other claims ; Plaintiff Koppel's motion for appointment as lead plaintiff and for approval of choice of counsel is granted ; The parties are directed to submit to the court proposed schedule for discovery by 9/10/99 (Signed by Robert L. Carter); Copies mailed. (ri) Modified on 08/13/1999 (Entered: 08/12/1999) 09/28/ SCHEDULING ORDER: setting defendants shall answer the complaints by 9/30/99 for Wien, Malkin & Bette, for Martin D. Newman, for John L. Loehr, for Stanley Katzman, for Peter L. Malkin, for 498 Seventh Ave., for 4987 Corporation; the parties shall confer about plaintiffs' subpoena to Baer, Marks & Upham LLP. If the parties cannot resolve all issues by 9/30/99, they shall notify the Court to schedule a further conference. Plaintiffs shall move for class certification by 10/15/99; defendants shall complete class certification discovery by 11/15/99. Defendants shall serve by hand or facsimile and file all answering papers on class certification by 12/1/99. Plaintiffs shall serve by hand or facsimile and file any reply papers on class certification by 12/15/99; the parties shall identify the names of all experts, each expert's fields of expertise, the areas about which each expert is expected to testify in this action. By 12/1/99, the parties shall serve by hand or facsimile a copy of each expert's report in accordance with Rule 26(a)(2) of the F.R.C.P.. Any depositions of any expert shall be completed by 12/31/99; all fact discovery shall be completed by 12/31/99; any motion for summary judgment shall be served by hand or facsimile and filed on or before 1/14/2000. Any answering papers shall be served by hand or facsimile on or before 1/28/2000; the parties shall submit a joint pretrial order to be submitted on or before 1/28/2000. ( signed by Judge Robert L. Carter ) ; Copies mailed (pl) Modified on 10/04/1999 (Entered: 09/29/1999) 09/30/ ANSWER to Complaint by Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette (Attorney Richard P. Swanson) (sac) (Entered: 10/04/1999) 09/30/ RULE 1.9 CERTIFICATE filed by Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette (sac) (Entered: 10/04/1999)

6 10/15/ NOTICE OF MOTION by Jay H. Koppel for class certification purs to Rules 23(a), 23(b) and 23(c) of the FRCP ; Return date 12/17/99; Attached is Affidavit in Support of Gregory K. Arenson, Esq.; (djc) Modified on 10/22/1999 (Entered: 10/19/1999) 10/15/ MEMORANDUM of LAW by Jay H. Koppel in support of [29-1] motion for class certification purs to Rules 23(a), 23(b) and 23(c) of the FRCP; (djc) Modified on 10/22/1999 (Entered: 10/19/1999) 10/21/ NOTICE of attorney appearance for Peter L. Malkin, Wien, Malkin & Bette by Thomas E.L. Dewey (also docketed in 97cv1754) (cd) (Entered: 10/26/1999) 11/10/ STIPULATION AND ORDER; regarding procedures that will govern that handling of "Confidential Information". ( signed by Judge Robert L. Carter ) (sac) (Entered: 11/12/1999) 11/15/ NOTICE of attorney appearance for Martin D. Newman by Thomas E.L. Dewey (jp) (Entered: 11/16/1999) 12/02/ MEMORANDUM OF LAW by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette in opposition to [29-1] motion for class certification purs to Rules 23(a), 23(b) and 23(c) of the FRCP. (sac) (Entered: 12/06/1999) 12/02/ AFFIRMATION of Thomas E.L. Dewey by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette in opposition Re: [29-1] motion for class certification purs to Rules 23(a), 23(b) and 23(c) of the FRCP. (sac) (Entered: 12/06/1999) 12/16/ SEALED DOCUMENT placed in vault. (da) (Entered: 12/16/1999) 01/18/ SEALED DOCUMENT placed in vault. (da) (Entered: 01/18/2000) 01/18/ NOTICE OF MOTION by Jay H. Koppel; for an order purs. to F.R.C.P. 56 (a), granting partial summary jdgmt. to pltffs, as further set forth in this motions ; Return date 1/28/00. (ls) (Entered: 01/20/2000) 01/28/ NOTICE OF MOTION by Jay H. Koppel for an order, purs. to F.R.C.P. 15(a), granting leave to pltffs to amend their complaints, purs. to F.R.C.P. 17(a), substituting Jay H. Koppel, trustee, for Jay H. Koppel as pltff in 96 cv 7570 (RLC). Return date 2/18/00. (Rec'd in N.B. 1/28/00 5:19 PM) (sn) (Entered: 02/02/2000) 01/28/ AFFIDAVIT of Jay H. Koppel by Jay H. Koppel in support Re: [39-1] motion for an order, purs. to F.R.C.P. 15(a), granting leave to pltffs to amend their complaints, [39-2] motion purs. to F.R.C.P. 17(a), substituting Jay H. Koppel, trustee, for Jay H. Koppel as pltff in 96 cv 7570 (RLC). (Rec'd in N.B. 1/28/00 5:19 PM) (sn) (Entered: 02/02/2000) 01/28/ SEALED DOCUMENT placed in vault. (da) (Entered: 02/02/2000) 02/01/ OPINION #83424, granting plaintiff's [29-1] motion for class certification purs to Rules 23(a), 23(b) and 23(c) of the FRCP, certifying plaintiffs as representatives of a class consisting of all Participants in Associates from 7/26/96, to 10/31/96, excluding the individual defendants and their immediate family members. ( signed by Judge Robert L. Carter ); Copies mailed. (ri) (Entered: 02/02/2000)

7 02/04/ NOTICE OF MOTION by Jay H. Koppel; for an Order excluding from evidence the expert testimony of defts witness Leslie Wohlman-Himmel ; Return date 2/18/00. (jp) (Entered: 02/07/2000) 02/04/ MEMORANDUM OF LAW by Jay H. Koppel in support of [43-1] motion for an Order excluding from evidence the expert testimony of defts witness Leslie Wohlman-Himmel (jp) (Entered: 02/07/2000) 02/04/ DECLARATION of Gregory K. Arenson by Jay H. Koppel in support of: [43-1] motion for an Order excluding from evidence the expert testimony of defts witness Leslie Wohlman-Himmel. (jp) (Entered: 02/07/2000) 02/04/ Defendants' requests for instructions to the jury. (djc) (Entered: 02/07/2000) 02/04/ SEALED DOCUMENT placed in vault. (da) (Entered: 02/07/2000) 02/04/ NOTICE OF MOTION by Jay H. Koppel, for an order excluding from evidence the expert testimony of defendants witness Roberta S. Karmel. Return date 2/18/00. (ri) (Entered: 02/07/2000) 02/04/ MEMORANDUM OF LAW by Jay H. Koppel in support of [48-1] motion for an order excluding from evidence the expert testimony of defendants witness Roberta S. Karmel (ri) (Entered: 02/07/2000) 02/04/ DECLARATION of Gregory K. Arenson by Jay H. Koppel in support Re: [48-1] motion for an order excluding from evidence the expert testimony of defendants witness Roberta S. Karmel. (ri) (Entered: 02/07/2000) 02/04/ NOTICE OF MOTION by Jay H. Koppel, Arnold Greenberg, for an order excluding from evidence the expert testimony of defendants' witness Charles W. Wolfram. Return date 2/18/00. (ri) (Entered: 02/08/2000) 02/04/ MEMORANDUM OF LAW by Jay H. Koppel, Arnold E. Greeberg, in support of [51-1] motion for an order excluding from evidence the expert testimony of defendants' witness Charles W. Wolfram. (ri) (Entered: 02/08/2000) 02/04/ DECLARATION of Gregory K. Arenson, Arnold E. Greenberg, by Jay H. Koppel in support Re: [51-1] motion for an order excluding from evidence the expert testimony of defendants' witness W. Wolfram. (ri) (Entered: 02/08/2000) 02/04/ NOTICE OF MOTION by Jay H. Koppel for an order excluding from evidence the expert testimony of defts' witness Brian J. Strum. Return date 2/18/00. (sn) (Entered: 02/08/2000) 02/04/ DECLARATION of Gregory K. Arenson by Jay H. Koppel in support Re: [54-1] motion for an order excluding from evidence the expert testimony of defts' witness Brian J. Strum. (sn) (Entered: 02/08/2000) 02/04/ MEMORANDUM OF LAW by Jay H. Koppel in support of [54-1] motion for an order excluding from evidence the expert testimony of defts' witness Brian J. Strum. (sn) (Entered: 02/08/2000) 02/04/ NOTICE OF MOTION by Jay H. Koppel for an order excluding from evidence the expert testimony of defts' witness Jerome Haims. Return date 2/18/00. (sn) (Entered: 02/08/2000)

8 02/04/ DECLARATION of Gregory K. Arenson by Jay H. Koppel in support Re: [57-1] motion for an order excluding from evidence the expert testimony of defts' witness Jerome Haims. (sn) (Entered: 02/08/2000) 02/04/ MEMORANDUM OF LAW by Jay H. Koppel in support of [57-1] motion for an order excluding from evidence the expert testimony of defts' witness Jerome Haims. (sn) (Entered: 02/08/2000) 02/09/ SEALED DOCUMENT placed in vault. (da) (Entered: 02/09/2000) 02/09/ SEALED DOCUMENT placed in vault. (da) (Entered: 02/09/2000) 02/09/ SEALED DOCUMENT placed in vault. (da) (Entered: 02/09/2000) 02/09/ SEALED DOCUMENT placed in vault. (da) (Entered: 02/09/2000) 02/09/ SEALED DOCUMENT placed in vault. (da) (Entered: 02/09/2000) 02/10/ Pltffs' Proposed Jury instructions (ls) (Entered: 02/14/2000) 02/10/2000 Memo endorsed on motion; denying [39-1] motion for an order, purs. to F.R.C.P. 15(a), granting leave to pltffs to amend their complaints; denying [39-2] motion purs. to F.R.C.P. 17(a), substituting Jay H. Koppel, trustee, for Jay H. Koppel as pltff in 96 cv 7570 (RLC). ( signed by Judge Robert L. Carter ); Copies mailed. (pl) (Entered: 02/16/2000) 02/11/ Plaintiffs' Amended Proposed Jury instructions (pl) (Entered: 02/14/2000) 02/16/ NOTICE OF MOTION by Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman purs to FRCP 23, members of the class that has been certified in this action be given notice and the opportunity to opt out of the class ; Return date 3/10/00; attached is an affirmation of David Pegno in support (cd) (Entered: 02/17/2000) 02/16/ MEMORANDUM OF LAW by Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman in support of [67-1] motion purs to FRCP 23, members of the class that has been certified in this action be given notice and the opportunity to opt out of the class (cd) (Entered: 02/17/2000) 02/18/ Memo endorsed on Endorsement; pltffs move for partial summary jdgmt. purs. to Rule 56 (c), F.R.C.P., on their Securities and Exchange Commission Rule 14a-9 and breach of fiduciary duty claims against defts; defts move for summary jdgmt. on all of pltffs' claims; pltffs and defts both move for summary jdgmt. on the claim that defts made a material omission in the Solicitation in violation of Rule 14a-9; defts move for summary jdgmt. on pltffs' claim that defts violated SEC Rules 14-a-4(a)(3) and 14a-4(b)(1) by impermissibly bundling the three aspects of the Sale Program into one vote in the Solicitation; the motions are denied ; ( signed by Judge Robert L. Carter ); copies mailed (ls) (Entered: 02/18/2000) 02/18/ MEMORANDUM OF LAW by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette in opposition to [48-1] motion for an order excluding from evidence the expert testimony of defendants witness Roberta S. Karmel, [43-1] motion for an Order excluding from evidence the expert testimony of defts witness Leslie Wohlman- Himmel, [57-1] motion for an order excluding from evidence the expert testimony of

9 defts' witness Jerome Haims, [54-1] motion for an order excluding from evidence the expert testimony of defts' witness Brian J. Strum, [51-1] motion for an order excluding from evidence the expert testimony of defendants' witness Charles W. Wolfram (pl) (Entered: 02/23/2000) 03/02/2000 Memo endorsed on motion; denying [57-1] motion for an order excluding from evidence the expert testimony of defts' witness Jerome Haims; ( signed by Judge Robert L. Carter ); copies mailed (ls) (Entered: 03/02/2000) 03/02/2000 Memo endorsed on motion; denying [43-1] motion for an Order excluding from evidence the expert testimony of defts witness Leslie Wohlman-Himmel. ( signed by Judge Robert L. Carter ); Copies mailed. (jp) (Entered: 03/02/2000) 03/02/2000 Memo endorsed on motion; denying [54-1] motion for an order excluding from evidence the expert testimony of defts' witness Brian J. Strum. ( signed by Judge Robert L. Carter ); Copies mailed. (sac) (Entered: 03/02/2000) 03/02/2000 Memo endorsed on motion; denying [51-1] motion for an order excluding from evidence the expert testimony of defendants' witness Charles W. Wolfram. ( signed by Judge Robert L. Carter ); Copies mailed. (ri) (Entered: 03/02/2000) 03/02/2000 Memo endorsed on motion; denying [48-1] motion for an order excluding from evidence the expert testimony of defendants witness Roberta S. Karmel. ( signed by Judge Robert L. Carter ); Copies mailed. (sn) (Entered: 03/03/2000) 03/08/ ORDER; that for the reasons set forth on this Order, the Court amends its prior Opinion by certifying the class purs. to Rule 23(b)(3). ( signed by Judge Robert L. Carter ); Copies mailed. (jp) (Entered: 03/09/2000) 03/13/ ORDER, plntfs' notice to class members is approved with the listed two amendments as further set forth in this document ( signed by Judge Robert L. Carter ); Copies mailed. (cd) (Entered: 03/14/2000) 03/13/ ENDORSEMENT; deft Wien & Malkin LLP requests permission to send a 1-page letter to class members updating them on the status of these cases, 96 cv 7570 and 97 cv 1754, apprising them that they will soon receive a notice from the Court concerning these cases and urging them to "carefully consider whether they wish to remain a member of the class of pltffs certified by the Court." (letter from Thomas E.L. Dewey to Court of 3/8/00). For the reasons set forth herein, defts' request is granted. ( signed by Judge Robert L. Carter ); Copies mailed. (sn) (Entered: 03/15/2000) 03/14/ Memo-Endorsement on letter addressed to Judge Carter, from Gregory Arenson and Edward Labaton dated 3/6/00, treating this letter as a motion for the court to recuse itself, the motion is denied. Counsel's views are noted. The letter will be fld with this endorsement, and, if counsel wishes, their view may be made a part of the proceeding at the onset of trial on 6/19/00 ( signed by Judge Robert L. Carter ); Copies mailed. (cd) (Entered: 03/15/2000) 03/16/ ENDORSEMENT; pltffs have requested that the Court amend its 3/13/00 order approving the notice to class members by deleting the following phrase, which the Court order included in the description of defts' response to pltffs' claims: "and that these 2 pltffs are pursuing these cases for reasons unrelated to the claims they assert." For the reasons stated herein, the aforementioned phrase should be deleted.

10 Defts have requested that the Court reconsider their earlier request to include an opt out form, returnable in a preaddresssed and prestamped envelope, in the notice to class members. Pltffs object to defts' request. For the reasons set forth in this endorsement, the inclusion of an opt out form in the notice is unnecessary and needlessly risks confusing class members. The issue of class notice in this case has been exhaustively considered and reconsidered by the Court. No further requests for amendments or changes will be entertained. Upon receipt of this endorsement, notice to the absent clas members must be sent as expeditiously as possible and in accordance with the Court's prior instructions. ( signed by Judge Robert L. Carter ); Copies mailed. (sn) (Entered: 03/17/2000) 04/04/ ENDORSEMENT; that plaintiffs' counsel's determination to make an issue of my relationship wth the Kronish firm strikes me as outrageous, and one of the things I can do without is gratuitious rancor. As a senior judge, I have the flexibility to determine the composition of my calendar. Therefore, I hereby excerise my options, and recuse myself from this case, effective immediately. I will notify the assignment committee to assign the case to a new judge forthwith. ( signed by Judge Robert L. Carter ); Copies mailed. (pl) Modified on 04/06/2000 (Entered: 04/04/2000) 04/07/ Notice of reassignment to Judge William H. Pauley III due to a Judge's recusal. Copy of notice and judge's rules mailed to Attorney(s) of record: Edward Labaton. (em) (Entered: 04/20/2000) 04/12/ Notice of reassignment to Judge Harold Baer, Jr. due to a Judge's recusal. Copy of notice and judge's rules mailed to Attorney(s) of record: Edward Labaton. (em) (Entered: 04/20/2000) 05/02/ Transcript of record of proceedings before Judge Robert L. Carter for the date(s) of 3/1/00. (jp) (Entered: 05/02/2000) 06/16/ ORDER; pursuant to Rule 42(a) of the FRCP, the Clerk of the Court is to remove from my docket as a separate case Greenburg. v. Malkin, et al., 97 cv 1754 ; (signed by Judge Harold Baer Jr.); Copies mailed. (djc) (Entered: 06/22/2000) 06/29/ Memo-Endorsement on letter addressed to Judge Baer from Thomas E.L. Dewey, dated 6/28/00 Re: certain defts (Peter Malkin, Martin Newman) request a continuance of the trial, which is scheduled to begin on 7/24/00; you were her; you listened I'm sure, and we agreed to August, if I was not sitting on the Island it was for me clear and memorable. The alternative date also agreed to December. I am not sititng on the Island, at least not late in the month because the Courthouse is not ready - which as I told you at the PTC was my concern. I thought to start in later July to give you more of my time - in short the application is denied. If you choose to talk further, arrange a conference call for noon tomorrow ( signed by Judge Harold Baer Jr. ); Copies mailed. (cd) Modified on 07/05/2000 (Entered: 06/30/2000) 07/13/ NOTICE OF MOTION (Fld on the Service Date) by Jay H. Koppel in limine to exclude testimony of defts' experts Charles W. Wolfram, Roberta S. Karmel, Jerome Haims, Leslie Wohlman-Himmel and Brian J. Strum ; Return date 7/28/00; attached are papers in support (cd) (Entered: 07/26/2000) 07/13/ NOTICE OF MOTION (Fld on Service Date) by Jay H. Koppel in limine to exclude certain exhibits, deposition testimony etc ; Return date 7/28/00. (cd) (Entered: 07/26/2000)

11 07/13/ NOTICE OF MOTION (Fld on Service Date) by Jay H. Koppel in limine regarding certain issues relating to plntf Arnold Greenberg ; Return date 7/28/00; attached are papers in support (cd) (Entered: 07/26/2000) 07/25/ MEMORANDUM OF LAW by Jay H. Koppel in opposition to defts' Omnibus motion in limine (cd) (Entered: 07/26/2000) 07/25/ DECLARATION of Alan Bandler by Jay H. Koppel in support Re: [82-1] opposition memorandum. (cd) (Entered: 07/26/2000) 07/25/ AFFIDAVIT of Joseph Sternberg by Jay H. Koppel in opposition to defts' Omnibus motion in limine (cd) (Entered: 07/26/2000) 07/25/ MEMORANDUM OF LAW by Jay H. Koppel in support of [85-1] motion in limine to exclude testimony of defts' experts Charles W. Wolfram, Roberta S. Karmel, Jerome Haims, Leslie Wohlman-Himmel and Brian J. Strum. (cd) (Entered: 07/26/2000) 07/25/ REPLY MEMORANDUM by Jay H. Koppel re: [85-1] motion in limine to exclude testimony of defts' experts Charles W. Wolfram, Roberta S. Karmel, Jerome Haims, Leslie Wohlman-Himmel and Brian J. Strum (cd) (Entered: 07/26/2000) 07/25/ Reply affidavit of Gregory K. Arenson by Jay H. Koppel in support of [85-1] motion in limine to exclude testimony of defts' experts Charles W. Wolfram, Roberta S. Karmel, Jerome Haims, Leslie Wohlman-Himmel and Brian J. Strum (cd) (Entered: 07/26/2000) 07/25/ AFFIDAVIT of Joseph Sternberg by Jay H. Koppel in support of [89-1] motion in limine to exclude certain exhibits, deposition testimony etc. (cd) (Entered: 07/26/2000) 07/25/ AFFIDAVIT of Edward Labaton by Jay H. Koppel in support of [89-1] motion in limine to exclude certain exhibits, deposition testimony etc. (cd) (Entered: 07/26/2000) 07/25/ MEMORANDUM OF LAW by Jay H. Koppel in support of [89-1] motion in limine to exclude certain exhibits, deposition testimony etc. (cd) (Entered: 07/26/2000) 07/25/ REPLY MEMORANDUM by Jay H. Koppel re: [89-1] motion in limine to exclude certain exhibits, deposition testimony etc (cd) (Entered: 07/26/2000) 07/25/ REPLY MEMORANDUM by Jay H. Koppel re: [94-1] motion in limine regarding certain issues relating to plntf Arnold Greenberg (cd) (Entered: 07/26/2000) 07/25/ SEALED DOCUMENT placed in vault. (da) (Entered: 07/28/2000) 07/25/ SEALED DOCUMENT placed in vault. (da) (Entered: 07/28/2000) 07/25/ SEALED DOCUMENT placed in vault. (da) (Entered: 07/28/2000) 08/16/ Memo-Endorsement on letter addressed to Judge Baer from David S. Pegno, dated 8/14/00; counsel for the defts appreciate the courtesy that the Court has extended in the past in scheduling matters and request that the trial in this action commence on 9/18/00. And that courtesy is now at an end. ( signed by Judge Harold Baer Jr. ); Copies mailed. (jp) (Entered: 08/16/2000)

12 08/21/ CONSOLIDATED AMENDED COMPLAINT by Jay H. Koppel, Arnold E. Greenberg; (Answer due 9/5/00 for Wien, Malkin & Bette, for Martin D. Newman, for John L. Loehr, for Stanley Katzman, for Peter Malkin, for 498 Seventh Ave., for 4987 Corporation ) amending [0-1] amended complaint against Donald A. Bettex; Summons issued. (pl) (Entered: 08/23/2000) 08/24/ SEALED DOCUMENT placed in vault. (da) (Entered: 08/28/2000) 08/24/ SEALED DOCUMENT placed in vault. (da) (Entered: 08/28/2000) 08/30/ NOTICE of individuals and entities requesting exclusion submitted by plaintiffs. (kw) (Entered: 09/01/2000) 09/06/ TRIAL BRIEF by Jay H. Koppel, Arnold E. Greenberg (cd) (Entered: 09/07/2000) 09/06/ Plntfs' Jury instructions (cd) (Entered: 09/07/2000) 09/06/ Proposed Voir Dire Questions by Jay H. Koppel, Arnold E. Greenberg (cd) (Entered: 09/07/2000) 09/06/ NOTICE of Submission of Summary Statement of the Case by Jay H. Koppel, Arnold E. Greenberg. (cd) (Entered: 09/07/2000) 09/06/ Proposed Voir Dire Questions by defendants. (kw) (Entered: 09/07/2000) 09/08/ SEALED DOCUMENT placed in vault. (da) (Entered: 09/12/2000) 09/14/ Letter filed addressed to Gregory K. Arenson, Kaplan, Kilsheimer & Fox LLP; Thomas E.L. Dewey, Dewey Pegno & Kramarsky from Hon. Harold Baer, Jr., dated 9/12/00, re: to make crystal clear the reasonsing behind Judge Baer's decision on Wednesday, 9/6/00 to allow the pltffs to file a Second Amended Complt. in this action; docket & file as per chambers (lf) (Entered: 09/19/2000) 09/14/2000 Jury Trial begun before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/15/2000 Jury Trial held before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/18/2000 Jury Trial held before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/19/2000 Jury Trial held before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/20/2000 Jury Trial held before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/21/2000 Jury Trial held before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/22/2000 Jury Trial held before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/25/ Plntf's Supplemental Proposed Jury instructions (cd) (Entered: 09/26/2000) 09/26/2000 Jury Trial held before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/27/2000 Jury Trial concluded before Judge Harold Baer Jr.. (jp) (Entered: 09/29/2000) 09/27/2000 JURY VERDICT for 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex (jp) (Entered: 09/29/2000) 09/28/ CIVIL JUDGMENT; that, at the conclusion of the jury trial in this action and the

13 jury having returned a verdict in favor of the defts, it is Ordered, Adjudged and Decreed that the complaint in this action is dismissed. ( signed by Judge Harold Baer Jr. ); Mailed copies and notice of right to appeal. Entered On Docket: 9/29/00. (jp) (Entered: 09/29/2000) 09/28/2000 Case closed. (jp) (Entered: 09/29/2000) 09/29/ PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Jay H. Koppel, Arnold E. Greenberg. (djc) (Entered: 10/03/2000) 10/06/ NOTICE OF MOTION by Jay H. Koppel, Arnold E. Greenberg purs to FRCP 50,59 and, with respect to the claim for unjust enrichment, 52, for an order granting judgment to plntfs as a matter of law, granting judgment to plntfs notwithstanding the verdict, or, in the alernative, ordering that a new trial be held and, with respect to the claim for unjust enrichment ; Return date 10/31/00; attached are papers in support (cd) (Entered: 10/10/2000) 10/06/ MEMORANDUM OF LAW by Jay H. Koppel, Arnold E. Greenberg in support of [114-1] motion purs to FRCP 50,59 and, with respect to the claim for unjust enrichment, 52, for an order granting judgment to plntfs as a matter of law, granting judgment to plntfs notwithstanding the verdict, or, in the alernative, ordering that a new trial be held and, with respect to the claim for unjust enrichment. (cd) (Entered: 10/10/2000) 10/10/ MEMORANDUM OF LAW by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex in opposition to [94-1] motion in limine regarding certain issues relating to plntf Arnold Greenberg. (lam) (Entered: 10/13/2000) 10/10/ MEMORANDUM OF LAW by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex in opposition to pltff's [85-1] motion in limine to exclude testimony of defts' experts Charles W. Wolfram, Roberta S. Karmel, Jerome Leslie Wohlman-Himmel and Brian J. Strum. (lam) (Entered: 10/13/2000) 10/10/ AFFIRMATION of David S. Pegno, atty for 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex in opposition to [89-1] motion in limine to exclude certain exhibits, deposition testimony etc. (lam) (Entered: 10/13/2000) 10/10/ NOTICE OF MOTION by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex in limine excluding from evidence at the trial any testimony from pltffs' experts Anthony Davis and Robert Von Ancken; any argument that defts caused Garment Capitol to pay the real estate taxes due 1/1/96 and 7/1/96; any reference to punitive damages, or in the alternative bifurcating the trial so that the issue of punitive damages is tried separately from the other issues in the case Return date 7/28/00. (lam) (Entered: 10/13/2000) 10/10/ REPLY MEMORANDUM by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex re: [119-1] motion in limine excluding from evidence at the trial any testimony from pltffs' experts Anthony Davis and Robert Von Ancken; any

14 argument that defts caused Garment Capitol to pay the real estate taxes due 1/1/96 and 7/1/96; any reference to punitive damages, or in the alternative bifurcating the trial so that the issue of punitive damages is tried separately from the other issues in the case (lam) (Entered: 10/13/2000) 10/10/ Reply affidavit of David S. Pegno, atty for 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex in support of [119-1] motion in limine excluding from evidence at the trial any testimony from pltffs' experts Anthony Davis and Robert Von Ancken; any argument that defts caused Garment Capitol to pay the real estate taxes due 1/1/96 and 7/1/96; any reference to punitive damages, or in the alternative bifurcating the trial so that the issue of punitive damages is tried separately from the other issues in the case (lam) (Entered: 10/13/2000) 10/11/2000 Copy of Judgment that was sent to Gregory Arenson was returned. Reason: Forwarding order expired. (jp) (Entered: 10/11/2000) 10/11/2000 Copy of Judgment that was sent to Robert N. Kaplan was returned. Reason: Forwarding Order Expired. (jp) (Entered: 10/11/2000) 10/13/ Transcript of record of proceedings before Judge Harold Baer Jr. for the date(s) of 8/16/00. (pl) (Entered: 10/16/2000) 10/13/ TRANSCRIPT of record of proceedings for dates of 8/23/00. (pl) (Entered: 10/16/2000) 10/16/ STIPULATION and ORDER; defts' papers in opposition shall be served by 11/3/00 for [114-1] motion purs to FRCP 50,59 and, with respect to the claim for unjust enrichment, 52, for an order granting judgment to plntfs as a matter of law, granting judgment to plntfs notwithstanding the verdict, or, in the alernative, ordering that a new trial be held and, with respect to the claim for unjust enrichment. Pltffs' reply papers shall be served by 11/28/00 for [114-1] motion purs to FRCP 50,59 and, with respect to the claim for unjust enrichment, 52, for an order granting judgment to plntfs as a matter of law, granting judgment to plntfs notwithstanding the verdict, or, in the alernative, ordering that a new trial be held and, with respect to the claim for unjust enrichment. The return date is adjourned to 11/29/00 for [114-1] motion purs to FRCP 50,59 and, with respect to the claim for unjust enrichment, 52, for an order granting judgment to plntfs as a matter of law, granting judgment to plntfs notwithstanding the verdict, or, in the alernative, ordering that a new trial be held and, with respect to the claim for unjust enrichment. ( signed by Judge Harold Baer Jr. ) (sn) (Entered: 10/17/2000) 10/25/ NOTICE OF APPEAL by Jay H. Koppel, Arnold E. Greenberg ; from [112-1] judgment order. Copies of notice of appeal mailed to Attorney(s) of Record: William J. Schwartz, Esq., Thomas E.L. Dewey, Esq., Richard P. Swanson, Esq. and Thomas N. Keltner, Jr., Esq. $ Appeal filing fee paid 10/25/00 on receipt # E (dt) (Entered: 10/30/2000) 10/30/2000 Notice of appeal and certified copy of docket to USCA: [125-1] appeal by Arnold E. Greenberg, Jay H. Koppel ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 10/30/2000) 11/06/ MEMORANDUM OF LAW by Donald A. Bettex, Wien, Malkin & Bette, 4987

15 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman in opposition to re: plaintiffs' motion for judgment as a matter of law or a new trial. (pl) (Entered: 11/08/2000) 11/06/ DECLARATION of Thomas E. L. Dewey by Donald A. Bettex, Wien, Malkin & Bette, 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman in support of Re: [126-1] opposition memorandum. (pl) (Entered: 11/08/2000) 11/06/ PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by 4987 Corporation, 498 Seventh Ave., Peter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, Wien, Malkin & Bette, Donald A. Bettex. (pl) (Entered: 11/08/2000) 11/13/ Transcript of record of proceedings before Judge Harold Baer Jr. for the date(s) of September 18,19,20,21,22, (kg) (Entered: 11/13/2000) 11/13/ Transcript of record of proceedings before Judge Harold Baer Jr. for the date(s) of September 25,27,28,29, 2000 & October 2,3,4, (kg) (Entered: 11/13/2000) 11/28/ REPLY MEMORANDUM by Jay H. Koppel, Arnold E. Greenberg re: motion for judgment notwithstanding the verdict or a new trial etc (cd) (Entered: 11/29/2000) 11/28/ AFFIDAVIT of Joseph Sternberg in support of motion for judgment notwithstanding the verdict or a new trial etc (cd) (Entered: 11/29/2000) 01/19/ OPINION and ORDER #85072; denying [114-1] motion purs to FRCP 50,59 and, with respect to the claim for unjust enrichment, 52, for an order granting judgment to plntfs as a matter of law, granting judgment to plntfs notwithstanding the verdict, or, in the alernative, ordering that a new trial be held and, with respect to the claim for unjust enrichment. ( signed by Judge Harold Baer Jr. ); Copies mailed. (djc) (Entered: 01/22/2001) 01/25/2001 USCA Case Number Re: [125-1] appeal by Arnold E. Greenberg, Jay H. Koppel USCA NUMBER: (dt) (Entered: 01/25/2001) 01/26/ AMENDED NOTICE OF APPEAL by Jay H. Koppel, Arnold E. Greenberg ; from [133-1] order, [112-1] judgment order. Copies of notice of appeal mailed to Attorney(s) of Record: Willaim J. Schwartz, Esq., Thomas E.L. Dewey, Esq., Eli R. Mattioli, Esq. and Thomas N. Keltner, Jr., Esq. (dt) (Entered: 01/29/2001) 01/29/2001 Notice of appeal and certified copy of docket to USCA: [134-1] appeal by Arnold E. Greenberg, Jay H. Koppel ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 01/29/2001) 03/13/ ORDER, the Clerk of the Court is directed to permit the parties, through their designated representatives, to unseal all documents fld under seal in these actions to date, to make an inventory of the sealed documents; upon the completion of the inventory described in paragraph 1, the Clerk of the Court is to reseal all documents previously fld under seal and the Clerk is to accept for filing an agreed upon inventory of the sealed documents submitted by the parties ( signed by Judge Harold Baer Jr. ); Copies mailed. (cd) (Entered: 03/14/2001) 03/14/ Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [125-1] appeal by Arnold E. Greenberg, Jay H. Koppel, [134-1] appeal

16 by Arnold E. Greenberg, Jay H. Koppel. (dt) (Entered: 03/14/2001) 04/20/ SEALED DOCUMENT placed in vault. (rp) (Entered: 04/23/2001) 05/10/ MEMO-ENDORSEMENT on (Copy) Confidential Declaration of Gregory K. Arenson, in support of motion to include document in Record on Appeal. While in my view the record is already over burdened with unnecessary & to a greater or lesser extent irragraphicall material I gotten this Exhibit was allowed and this I'm going to permit its inclusion in the Record on Appeal. ( signed by Judge Harold Baer Jr. ); Copies mailed. (sac) Modified on 05/15/2001 (Entered: 05/11/2001) 05/29/ STIPULATION AND ORDER; that Schedule A annexed hereto is a list which accurately identifies all exhibits received into evidence at trial on behalf of pltffs and shall be made a part of the Record on Appeal. That Schedule B annexed hereto is a list which accurately identifies all exhibits rec'd into evidence at trial on behalf of defts and shall be made a part of the Record on Appeal. That Schedule C annexed hereto is a list which accurately identifies all correspondence which shall be made a part of the Record on Appeal. That Schedule D annexed hereto is a list which accurately identifies all documents that have been filed under seal and shall be made a part of the Record of Appeal. That Schedule E annexed hereto is a list which accurately identifies all other documents designated by the parties that shall be made a part of the Record on Appeal. ( signed by Judge Harold Baer Jr. ). (sac) Modified on 05/30/2001 (Entered: 05/30/2001) 06/07/ Filed notice of 1st suppl. transmittal of R.O.A. [134-1] appeal by Arnold E. Greenberg, Jay H. Koppel. (dt) Modified on 06/11/2001 (Entered: 06/11/2001) 03/28/ MANDATE OF USCA (certified copy) Re: affirm [134-1] appeal by Arnold E. Greenberg, Jay H. Koppel, [125-1] appeal by Arnold E. Greenberg, Jay H. Koppel. It is hereby ordered, adjudged, and decreed that the judgment of the District Court is hereby affirmed. Issued as Mandate: 3/19/02, (L), (CON) Roseann B. MacKechnie, Clerk, U.S.C.A. (Attached Statement of Costs taxed in the amount of $ in favor of Appellees, Peter L. Malkin, et al.) (Docketed as a judgment #02,0581 on 3/29/02.) (sb) Modified on 03/29/2002 (Entered: 03/28/2002) 06/21/ SATISFACTION OF JUDGMENT #02,0581; Re: Judgments having been entered in theses actions no. 96 civ and 97 civ in favor of defendants and against plaintiffs on 9/28/00, and plaintiffs having appealed from said judgments, and the judgments having been affirmed w/ costs to be taxed, and costs on the appeal having been taxed in the in the amount of $ on 3/14/02, and the judgments, w/ interest and costs, having been fully paid; Judgment satisfed on 6/12/02. (ae) (Entered: 07/02/2002) 07/15/ STIPULATION and ORDER; that the Bill of Costs dated 4/15/02 is withdrawn as further set forth on this Stipulation. ( signed by Judge Harold Baer Jr. ) (jp) (Entered: 07/16/2002) 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