United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:04-cv HB

Transcription

1 US District Court Civil Docket as of 05/31/2007 Retrieved from the court on Thursday, July 26, 2007 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:04-cv HB PARAGAMIAN v. VICURON PHARMACEUTICALS INCORPORATED et al Assigned to: HONORABLE HARVEY BARTLE, III Cause: 15:78m(a) Securities Exchange Act Date Filed: 06/15/2004 Date Terminated: 05/17/2007 Jury Demand: Defendant Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question IN RE: VICURON PHARMACEUTICALS, INC., SECURITIES LITIGATION Plaintiff PERRY PARAGAMIAN ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED represented by ELLEN GUSIKOFF STEWART LERARCH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 WEST BROADWAY SUITE 1900 SAN DIEGO, CA Fax: LESLIE WEAVER LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS 100 PINE ST. STE 2600 SAN FRANCISCO, CA LIANA LARSON LEARCH COUGHLIN STOIA GELLER RUDMAN & ROBBINS 401 B STREET SUITE 1600 SAN DIEGO, CA

2 MARC S. HENZEL LAW OFFICES OF MARC S. HENZEL 273 MONTGOMERY AVENUE SUITE 202 BALA CYNWYD, PA NICHOLAS J. LICATO LERACH COUGHLIN STOIA & ROBBINS LLP 401 B STREET SUITE 1700 SAN DIEGO, CA ROBERT ROTHMAN LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS 58 SOUTH SERVICE ROAD SUITE 200 MELVILLE, NY SAMUEL H. RUDMAN LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS 200 BROADHOLLOW ROAD SUITE 406 MELVILLE, NY TED MINAHAN LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 401 B STREET SUITE 1600 SAN DIEGO, CA

3 DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC 100 PENN SQUARE EAST JOHN WANAMAKER BLDG, SUITE 450 PHILADELPHIA, PA Fax: V. Defendant VICURON PHARMACEUTICALS INCORPORATED represented by ANASTASIA SMITH O'MELVENY & MYERS LLP 400 S. HOPE ST LOS ANGELES, CA BRIAN J. SLIPAKOFF WOLF BLOCK SCHORR & SOLIS- COHEN LLP 1650 ARCH STREET 22ND FLOOR PHILADELPHIA, PA DAVID I. HURWITZ O'MELVENY & MYERS LLP 400 SOUTH HOPE ST LOS ANGELES, CA GREGORY A. MARKEL CADWALADER WICKERSHAM & TAFT LLP ONE WORLD FINANCIAL CENTER NEW YORK, NY

4 JEFFREY W. KILDUFF O'MELVENY & MYERS 1625 EYE ST. NW WASHINGTON, DC MARC S. WILLIAMS O'MELVENY & MYERS LLP 400 S. HOPE ST. LOS ANGELES, CA ROBIN WINCHESTER SCHIFFRIN & BARROWAY LLP 280 KING OF PRUSSIA RD RADNOR, PA SETH ARONSON O'MELVENY & MYERS LLP 400 S. HOPE ST. LOS ANGELES, CA STACEY A. LARA CADWALADER, WICKERSHAM & TAFT, LLP 1 WORLD FINANCIAL CENTER NEW YORK, NY stacey.lara@cwt.com TRISTAN SORAH-REYES O'MELVENY & MYERS LLP 400 S. HOPE ST. LOS ANGELES, CA tsorahreyes@omm.com

5 SARA E. HIRSHON WOLF BLOCK SCHORR & SOLIS- COHEN 1650 ARCH ST. PHILA, PA TERMINATED: 10/19/2005 JAY A. DUBOW PEPPER HAMILTON 3000 TWO LOGAN SQUARE 18TH & ARCH STS. PHILADELPHIA, PA Fax: ROBYN D. LEVITAN WOLF BLOCK SCHORR AND SOLIS- COHEN L.L.P ARCH STREET 22ND FLOOR PHILADELPHIA, PA Defendant GEORGE F. HORNER, III represented by ANASTASIA SMITH BRIAN J. SLIPAKOFF DAVID I. HURWITZ JEFFREY W. KILDUFF

6 MARC S. WILLIAMS SETH ARONSON TRISTAN SORAH-REYES SARA E. HIRSHON TERMINATED: 10/19/2005 JAY A. DUBOW ROBYN D. LEVITAN Defendant DOV A. GOLDSTEIN represented by ANASTASIA SMITH BRIAN J. SLIPAKOFF DAVID I. HURWITZ JEFFREY W. KILDUFF

7 MARC S. WILLIAMS SETH ARONSON TRISTAN SORAH-REYES SARA E. HIRSHON TERMINATED: 10/19/2005 JAY A. DUBOW ROBYN D. LEVITAN Defendant TIMOTHY J. HENKEL represented by ANASTASIA SMITH BRIAN J. SLIPAKOFF DAVID I. HURWITZ JEFFREY W. KILDUFF

8 MARC S. WILLIAMS SETH ARONSON TRISTAN SORAH-REYES SARA E. HIRSHON TERMINATED: 10/19/2005 JAY A. DUBOW ROBYN D. LEVITAN Defendant CLAUDIO QUARTA represented by BRIAN J. SLIPAKOFF DAVID I. HURWITZ TRISTAN SORAH-REYES JAY A. DUBOW

9 ROBYN D. LEVITAN SARA E. HIRSHON TERMINATED: 10/19/2005 Defendant DAVID V. MILLIGAN represented by BRIAN J. SLIPAKOFF DAVID I. HURWITZ TRISTAN SORAH-REYES JAY A. DUBOW ROBYN D. LEVITAN SARA E. HIRSHON TERMINATED: 10/19/2005 Defendant CHRISTOPHER T. WALSH represented by BRIAN J. SLIPAKOFF DAVID I. HURWITZ TRISTAN SORAH-REYES

10 JAY A. DUBOW ROBYN D. LEVITAN SARA E. HIRSHON TERMINATED: 10/19/2005 Defendant JAMES H. CAVANAUGH represented by BRIAN J. SLIPAKOFF DAVID I. HURWITZ TRISTAN SORAH-REYES JAY A. DUBOW ROBYN D. LEVITAN SARA E. HIRSHON TERMINATED: 10/19/2005 Defendant COSTANTINO AMBROSIO represented by BRIAN J. SLIPAKOFF

11 DAVID I. HURWITZ TRISTAN SORAH-REYES JAY A. DUBOW ROBYN D. LEVITAN SARA E. HIRSHON TERMINATED: 10/19/2005 Defendant UBALDO LIVOLSI represented by BRIAN J. SLIPAKOFF DAVID I. HURWITZ TRISTAN SORAH-REYES JAY A. DUBOW ROBYN D. LEVITAN SARA E. HIRSHON

12 TERMINATED: 10/19/2005 Defendant FRANCESCO PARENTI represented by BRIAN J. SLIPAKOFF DAVID I. HURWITZ TRISTAN SORAH-REYES JAY A. DUBOW ROBYN D. LEVITAN SARA E. HIRSHON TERMINATED: 10/19/2005 Movant THE VASQUEZ GROUP represented by SEAN M. HANDLER SCHIFFRIN & BARROWAY, LLP 280 KING OF PRUSSIA RD RADNOR, PA Fax: Movant BRAD STATON represented by EVAN J. SMITH BRODSKY & SMITH, LLC TWO BALA PLAZA SUITE 602

13 BALA CYNWYD, PA JASON L. BRODSKY BRODSKY & SMITH LLC 2 BALA PLAZA STE 602 BALA CYNWYD, PA Date Filed # Docket Text 06/15/ COMPLAINT against DOV A. GOLDSTEIN, TIMOTHY J. HENKEL, GEORGE F. HORNER III, VICURON PHARMACEUTICALS INCORPORATED ( Filing fee $ 150 receipt number ), filed by PERRY PARAGAMIAN.(ss, ) (Entered: 06/16/2004) 06/15/2004 Summons Issued, Four originals mailed as to DOV A. GOLDSTEIN, TIMOTHY J. HENKEL, GEORGE F. HORNER III, VICURON PHARMACEUTICALS INCORPORATED. Forwarded To: Counsel on 6/16/04 (ss, ) (Entered: 06/16/2004) 06/15/2004 DEMAND for Trial by Jury by PERRY PARAGAMIAN. (ss, ) (Entered: 06/16/2004) 07/07/ WAIVER OF SERVICE Returned Executed by PERRY PARAGAMIAN. DOV A. GOLDSTEIN waiver sent on 7/2/2004, answer due 8/31/2004; TIMOTHY J. HENKEL waiver sent on 7/2/2004, answer due 8/31/2004; GEORGE F. HORNER III waiver sent on 7/2/2004, answer due 8/31/2004; VICURON PHARMACEUTICALS INCORPORATED waiver sent on 7/2/2004, answer due 8/31/2004. (jl, ) (Entered: 07/07/2004) 07/21/ NOTICE of Appearance by ROBYN D. LEVITAN on behalf of all defendants with Certificate of Service (LEVITAN, ROBYN) (Entered: 07/21/2004) 07/21/ NOTICE of Appearance by JAY A. DUBOW on behalf of all defendants with Certificate of Service (DUBOW, JAY) (Entered: 07/21/2004) 08/10/ DOV A. GOLDSTEIN, TIMOTHY J. HENKEL, GEORGE F. HORNER III, VICURON PHARMACEUTICALS INCORPORATED MOTION FOR THE ADMISSION PRO HAC VICE OF SETH ARONSON, JEFFREY KILDUFF, MARC WILLIAMS AND ANASTASIA SMITH, DECLARATIONS, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 8/18/2004 (mar, ). (Entered: 08/10/2004) 08/11/ ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE FILED BY DEFENDANTS VICURON PHARMACEUTICALS, GEORGE HORNER, III,

14 DOV GOLDSTEIN AND TIMOTHY HENKEL IS GRANTED AND SETH ARONSON, JEFFREY KILDUFF, MARC WILLIAMS AND ANASTASIA SMITH ARE ADMITTED PRO HAC VICE FOR THE PURPOSE OF REPRESENTING DEFENDANTS IN THIS ACTION; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 8/11/04. 8/11/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 08/11/2004) 08/16/ MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD AND LIAISON COUNSEL, BY PLAINTIFF PERRY PARAGAMIAN, Memorandum; order; declaration; exhibits. (Attachments: # 1 memorandum# 2 Text of Proposed Order # 3 declaration# 4 Exhibit # 5 Exhibit lerach resume# 6 Exhibit mass annutiy cert# 7 Exhibit mass carpenter cert# 8 Exhibit notice# 9 Exhibit henzel resume)(gross, DEBORAH) Modified on 8/17/2004 (fh, ). (Entered: 08/16/2004) 08/16/ CERTIFICATE OF SERVICE by PERRY PARAGAMIAN re 7 MOTION appointment of lead plaintiff, lead counsel, liaison counsel, consolidation Institutional investor group (Attachments: # 1 service list)(gross, DEBORAH) (Entered: 08/16/2004) 08/16/ NOTICE OF MOTION BY MOVANT THE VASQUEZ GROUP TO CONSOLIDATE ACTIONS, TO BE APPOINTED LEAD PLFF & FOR APPROVAL OF LEAD PLFF'S SELECTION OF LEAD COUNSEL, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE.(kw, ) Additional attachment(s) added on 8/17/2004 (kw, ). (Entered: 08/17/2004) 08/16/ MOTION OF BRAD STATON FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFFS, AND APPROVAL OF SELECTION OF LEAD COUNSEL, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE (SEE ORIGINAL IN , PAPER #7).(mar, ) (Entered: 08/18/2004) 08/17/ PLAINTIFF PERRY PARAGAMIAN Amended 8 Certificate of Service. (GROSS, DEBORAH) Modified on 8/19/2004 (fh, ). (Entered: 08/17/2004) 08/19/ STIPULATION Regarding Consolidation with [Proposed] Order and Cert. of Service by DOV A. GOLDSTEIN, TIMOTHY J. HENKEL, GEORGE F. HORNER III, VICURON PHARMACEUTICALS INCORPORATED. (DUBOW, JAY) **(FILED IN ERROR BY ATTY., STIPULATION FORWARDED TO JUDGE FOR APPROVAL)** Modified on 8/23/2004 (fh, ). (Entered: 08/19/2004) 08/23/ ORDER THAT THE FOLLOWING CASES ARE CONSOLIDATED: , , , , , THE CLERK SHALL MAINTAIN A MASTER DOCKET AND MASTER FILE UNDER THE CONSOLIDATED COMPLAINT SHALL BE FILED 60 DAYS FROM ENTRY OF THE ORDER APPOINTING LEAD PLAINTIFFS. SIGNED BY JUDGE HARVEY BARTLE III ON 8/23/04. 8/23/04 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 08/23/2004) 09/02/ BRAD STATON RESPONSE TO MOTIONS FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL, CERTIFICATE OF SERVICE. (jl, ) (Entered: 09/02/2004) 09/02/ Memorandum MEMORANDUM IN FURTHER SUPPORT OF THE MOTION

15 OF THE INSTITUTIONAL INVESTOR GROUP FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD AND LIAISON COUNSEL AND IN OPPOSITION TO THE COMPETING MOTIONS re 7 MOTION appointment of lead plaintiff, lead counsel, liaison counsel, consolidation Institutional investor group filed by PERRY PARAGAMIAN. (Attachments: # 1 Exhibit Teradyne Decision)(HENZEL, MARC) (Entered: 09/02/2004) 09/02/ MICHAEL EPSTEIN, JAMES NEW, JOHN TAYLOR, BULMARO VASQUEZ, VICURON PHARMACEUTICALS INCORPORATED MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE MOTION TO APPOINT THE VASQUEZ GROUP AS LEAD PLAINTIFF AND FOR APPROVAL OF ITS SELECTION OF LEAD COUNSEL, AND IN OPPOSITION TO ALL COMPETING MOTIONS, CERTIFICATE OF SERVICE. (jl, ) (Entered: 09/03/2004) 09/09/ ORDER THAT ALL REPLIES REGARDING THE PENDING MOTIONS FOR APPOINTMENT OF LEAD PLAINTIFF SHALL BE FILED AND SERVED ON OR BEFORE 9/15/04; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 9/9/04. 9/9/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 09/09/2004) 09/15/ Memorandum in Further Support of the Institutional Investor Groups re 7 MOTION appointment of lead plaintiff, lead counsel, liaison counsel, consolidation Institutional investor group filed by PERRY PARAGAMIAN. (HENZEL, MARC) Modified on 9/16/2004 (np). (Entered: 09/15/2004) 09/15/ REPLY Memorandum in Further Support of Motion re 10 MOTION to Appoint Counsel MOTION for Approval MOTION for Approval MOTION to Consolidate Cases MOTION to Consolidate Cases filed by THE VASQUEZ GROUP. (Attachments: # 1 Certificate of Service) (HANDLER, SEAN) Modified on 9/16/2004 (np). (Entered: 09/15/2004) 10/06/ MEMORANDUM AND ORDER THAT THE MOTION OF MASSACHUSETTS STATE GUARANTEED ANNUITY FUND, MASSACHUSETTS STATE CARPENTERS PENSION FUND FOR APPOINTMENT AS LEAD PLAINTIFF AND MARK HENZEL AS LIASON COUNSEL IS GRANTED; THE MOTION OF THE INSTITUTIONAL INVESTOR GROUP FOR APPROVAL OF THE LAW FIRM OF LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP AS LEAD COUNSEL IS GRANTED; THE MOTION OF THE VASQUEZ GROUP TO BE APPOINTED LEAD PLAINTIFF AND FOR APPROVAL OF ITS SELECTION OF LEAD COUNSEL IS DENIED; THE MOTION OF THE VICURON LEAD PLAINTIFF GROUP TO BE APPOINTED LEAD PLAINTIFF AND FOR THE APPROVAL OF ITS SELECTION OF LEAD AND LIASON COUNSEL IS DENIED; AND THE MOTION OF BRAD STATON FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF HIS SELECTION OF LEAD COUNSEL IS DENIED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 10/6/04. 10/7/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 10/07/2004) 11/01/ MOTION FOR THE PRO HAC VICE ADMISSION OF ROBERT ROTHMAN FILED BY PERRY PARAGAMIAN,STATEMENT, CERTIFICATE OF SERVICE.(mac, ) Modified on 11/1/2004 (mac, ). Additional attachment(s) added

16 on 1/27/2005 (jl, ). (Entered: 11/01/2004) 11/02/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: Pretrial Conference held on 11/1/04. (jl, ) (Entered: 11/02/2004) 11/02/ ORDER THAT PARAGRAPH 5 OF THE ORDER DATED 8/23/04 IS VACATED. NO DEFENDANT IS REQUIRED TO ANSWER, MOVE OR OTHERWISE RESPOND TO ANY OF THE INITIAL COMPLAINTS FILED IN THE CONSOLIDATED ACTIONS. THE CONSOLIDATED COMPLAINT SHALL BE FILED AND SERVED ON OR BEFORE 12/6/04; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 11/2/04. 11/2/04 ENTERED AND COPIES MAILED, ED AND FAXED.(jl, ) (Entered: 11/02/2004) 11/05/ ORDER THAT THE MOTION OF PERRY PARAGAMIAN FOR ROBERT ROTHMAN TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 11/5/04. 11/5/04 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 11/05/2004) 11/26/ APPLICATION by PERRY PARAGAMIAN FOR SAMUEL RUDMAN TO APPEAR PRO HAC VICE, CERTIFICATE OF SERVICE, STATEMENT. (jl, ) Modified on 11/26/2004 (jl, ). (Entered: 11/26/2004) 11/26/ APPLICATION by PERRY PARAGAMIAN FOR NICHOLAS LICATO TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 11/26/2004) 11/29/ ORDER THAT THE APPLICATION OF SAMUEL RUDMAN TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE (b) IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 11/29/04. 11/30/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 11/30/2004) 11/29/ ORDER THAT THE APPLICATION OF NICHOLAS LICATO TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE (b) IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 11/29/04. 11/30/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 11/30/2004) 12/06/ CERTIFICATE OF SERVICE by PERRY PARAGAMIAN for Amended Complaint (Attachments: # 1 Amended Complaint) (HENZEL, MARC) (FILED IN ERROR BY ATTORNEY; ATTORNEY WILL RE-FILE IN PAPER) Modified on 12/8/2004 (np). (Entered: 12/06/2004) 12/08/ AMENDED COMPLAINT FOR VIOLATIONS OF THE SECURITIES LAWS, JURY DEMAND, CERTIFICATE OF SERVICE, filed by PERRY PARAGAMIAN.(jl, ) (Entered: 12/08/2004) 12/16/ Praecipe to Issue Summons by VICURON PHARMACEUTICALS, INC., SECURITIES LITIGATION as to Claudio Quarta, David V. Milligan, Christopher T. Walsh, James H. Cavanaugh, Costantino Ambrosio, Ubaldo Livolsi and Francesco Parenti, Certificate of Service. (Attachments: # 1 Appendix Service List)(HENZEL, MARC) Modified on 12/17/2004 (md, ). (Entered: 12/16/2004) 12/16/2004 Alias Summons Issued as to CLAUDIO QUARTA, DAVID MILLIGAN,

17 CHRISTOPHER WALSH, JAMES CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI AND FRANCESCO PARENTI (jl, ) (Entered: 12/17/2004) 01/18/ WAIVER OF SERVICE Returned Executed by PERRY PARAGAMIAN. CLAUDIO QUARTA waiver sent on 12/27/2004, answer due 2/25/2005; DAVID V. MILLIGAN waiver sent on 12/27/2004, answer due 2/25/2005; CHRISTOPHER T. WALSH waiver sent on 12/27/2004, answer due 2/25/2005; JAMES H. CAVANAUGH waiver sent on 12/27/2004, answer due 2/25/2005; COSTANTINO AMBROSIO waiver sent on 12/27/2004, answer due 2/25/2005; UBALDO LIVOLSI waiver sent on 12/27/2004, answer due 2/25/2005; FRANCESCO PARENTI waiver sent on 12/27/2004, answer due 2/25/2005. (jl, ) (Entered: 01/18/2005) 01/19/ NOTICE OF CHANGE OF ADDRESS OF SCHIFFEN & BARROWAY, LLP WILL BE RELOCATED AS FOLLOWS: SCHIFFIN & BARROWAY, LLP. 280 KING OF PRUSSIA ROAD, RADNOR, PA 19087, CERTIFICATE OF SERVICE. (jl, ) (Entered: 01/19/2005) 01/20/ MOTION to Dismiss Amended Complaint filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit Exhibits 1-8# 2 Exhibit Exhibits 1-8# 3 Exhibit Exhibits A-Q# 4 Exhibit Declaration Exhibit A# 5 Exhibit Declaration Exhibit B# 6 Exhibit Declaration Exhibit C# 7 Exhibit Declaration Exhibit D# 8 Exhibit Declaration Exhibit E# 9 Exhibit Declaration Exhibit F# 10 Exhibit Declaration Exhibit G# 11 Exhibit Declaration Exhibit H# 12 Exhibit Declaration Exhibit I# 13 Exhibit Declaration Exhibit J# 14 Exhibit Declaration Exhibit K# 15 Exhibit Declaration Exhibit L# 16 Exhibit Declaration Exhibit M# 17 Exhibit Declaration Exhibit N# 18 Exhibit Declaration Exhibit O# 19 Exhibit Declaration Exhibit P# 20 Exhibit Declaration Exhibit Q# 21 Text of Proposed Order Proposed Order# 22 Certificate of Service)(LEVITAN, ROBYN) (Entered: 01/20/2005) 02/22/ RESPONSE to Motion re 34 MOTION to Dismiss Amended Complaint 1)?Plaintiff?s Opposition to Motion to Dismiss Amended Complaint filed by PERRY PARAGAMIAN. (Attachments: # 1 Affidavit 2)?Declaration of Marc S. Henzel in Support of Opposition to Defendants? Motion to Dismiss Amended Complaint# 2 Exhibit Exhibit 1 & Exhibit 2# 3 Text of Proposed Order 6)?Proposed Order for Denying Motion to Dismiss# 4 Appendix Service List 1)(HENZEL, MARC) (Entered: 02/22/2005) 02/22/ MOTION to Strike 34 MOTION to Dismiss Amended Complaint Plaintiffs? Motion to Strike Exhibits Supporting Defendants? Motion to Dismiss Amended Complaint filed by PERRY PARAGAMIAN.Plaintiffs? Motion to Strike Exhibits Supporting Defendants? Motion to Dismiss Amended Complaint. (Attachments: # 1 Supplement Memorandum of Law in Support of Plaintiffs? Motion to Strike Exhibits Supporting Defendants? Motion to Dismiss Amended Complaint# 2 Text of Proposed Order Proposed Order Granting Motion to Strike# 3 Appendix Service List)(HENZEL, MARC) (Entered: 02/22/2005)

18 03/08/ MOTION Admission Pro Hac Vice filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL.Declaration, Certificate of Service. (Attachments: # 1 Declaration# 2 Text of Proposed Order Order# 3 Certificate of Service)(LEVITAN, ROBYN) (Entered: 03/08/2005) 03/08/ CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL MOTION FOR ADMISSION PRO HAC VICE OF TRISTAN SORAH-REYES, DECLARATION, CERTIFICATE OF SERVICE..(jl, ) (Entered: 03/08/2005) 03/09/ ORDER THAT DEFENDANTS' MOTION FOR THE PRO HAC VICE ADMISSION OF TRISTAN SORAH-REYES IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 3/9/05. 3/9/05 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 03/09/2005) 03/09/ RESPONSE in Opposition re 36 MOTION to Strike 34 MOTION to Dismiss Amended Complaint Plaintiffs? Motion to Strike Exhibits Supporting Defendants? Motion to Dismiss Amended Complaint filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL. (Attachments: # 1 Certification of Service)(LEVITAN, ROBYN) (Entered: 03/09/2005) 03/09/ Memorandum re 34 MOTION to Dismiss Amended Complaint Reply Memorandum in Support of Defendants' Motion to Dismiss Amended Complaint filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL. (Attachments: # 1 Certificate of Service)(LEVITAN, ROBYN) (Entered: 03/09/2005) 03/14/ ORDER THAT THE DEFENDANTS MOTION FOR ADMISSION OF TRISTAN SORAH-REYES, ESQUIRE PRO HAC VICE IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 3/14/05.3/14/05 ENTERED AND COPIES MAILED AND FAXED. (jl, ) (Entered: 03/14/2005) 04/05/ APPLICATION by PERRY PARAGAMIAN FOR LESLIE WEAVER TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 04/05/2005) 04/08/ ORDER THAT THE APPLICATION OF LESLIE WEAVER, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF PLAINTIFF, PERRY PARAGAMIAN IS GRANTED. SIGNED BY JUDGE HARVEY BARTLE III ON 4/8/05. 4/11/05 ENTERED AND COPIES MAILED AND FAXED.(fdc) (Entered: 04/11/2005)

19 04/22/ MOTION for Leave to File Supplemental Memorandum in Support of Defendants' Motion to Dismiss Amended Complaint filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL.Memorandum, Certificate of Service. (Attachments: # 1 Supplement Memorandum# 2 Exhibit # 3 Certificate of Service)(LEVITAN, ROBYN) (Entered: 04/22/2005) 04/25/ ORDER THAT THE MOTION OF DEFENDANTS FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT IS GRANTED. SIGNED BY JUDGE HARVEY BARTLE III ON 04/25/05.04/26/05 ENTERED AND COPIES MAILED, ED AND FAXED. (ac, ) (Entered: 04/26/2005) 04/25/ Supplemental Memorandum in Support of Defendants' Motion to Dismiss Amended Complaint filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL. (See Paper No. 45 for PDF Attachment) (ac, ) (Entered: 04/26/2005) 04/26/ NOTICE of Hearing on Motion 34 MOTION to Dismiss Amended Complaint: (kg, ) (Entered: 04/26/2005) 04/27/ NOTICE of Change of Address by DEBORAH R. GROSS (GROSS, DEBORAH) (Entered: 04/27/2005) 04/29/ MOTION for Leave to File Supplemental Memorandum In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by PERRY PARAGAMIAN, Certificate of Service.(HENZEL, MARC) Modified on 5/2/2005 (fh, ). (Entered: 04/29/2005) 04/29/ Memorandum In Support re 50 MOTION for Leave to File Supplemental Memorandum In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Complaint by PERRY PARAGAMIAN, Certificate of Service.. (Attachments: # 1 Text of Proposed Order Proposed Order) (HENZEL, MARC) Modified on 5/2/2005 (fh, ). (Entered: 04/29/2005) 05/02/ ORDER THAT THE PLAINTIFFS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 5/2/05.5/2/05 ENTERED AND COPIES MAILED AND FAXED. (jl, ) Modified on 5/2/2005 (jl, ). (Entered: 05/02/2005) 05/02/ NOTICE of Hearing on Motion MOTION HEARING SET FOR 5/24/ :00 AM IN COURTROOM BEFORE HONORABLE HARVEY BARTLE III. (kg, ) (Entered: 05/02/2005)

20 05/09/ NOTICE of Appearance by SARA E. HIRSHON on behalf of VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL with Certificate of Service (HIRSHON, SARA) (Entered: 05/09/2005) 05/24/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: Motion Hearing held on 5/24/05 re 34 MOTION to Dismiss Amended Complaint filed by VICURON PHARMACEUTICALS INCORPORATED,, GEORGE F. HORNER, III, DOV A. GOLDSTEIN,, TIMOTHY J. HENKEL,, CLAUDIO QUARTA,, DAVID V. MILLIGAN,, CHRISTOPHER T. WALSH,, JAMES H. CAVANAUGH,, COSTANTINO AMBROSIO,, UBALDO LIVOLSI,, FRANCESCO PARENTI, (jl, ) (Entered: 05/24/2005) 05/27/ TRANSCRIPT of Proceedings held on 5/24/05 before Judge BARTLE. Court Reporter: SHARON CARTER. HEARING (jl, ) (Entered: 05/27/2005) 07/01/ ORDER THE THE MOTION OF PLAINTIFFS TO STRIKE EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT IS DENIED. THE MOTION OF DEFENDANTS TO DISMISS THE COMPLAINT PURSUANT TO RULES 9(b) and 12(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE IS DENIED. SIGNED BY JUDGE HARVEY BARTLE III ON 07/01/05.07/05/05 ENTERED AND COPIES MAILED AND ED. (ac, ) (Entered: 07/05/2005) 07/12/ STIPULATION to Enlarge Time to Answer Plaintiff's Amended Complaint by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL. (HIRSHON, SARA) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 7/13/2005 (np). (Entered: 07/12/2005) 07/15/ STIPULATION AND ORDER THAT VICURON DEFENDANTS SHALL HAVE UNTIL 8/1/05 TO ANSWER OR OTHERWISE PLEAD IN RESPONSE TO PLAINTIFF'S AMENDED COMPLAINT; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 7/15/05. 7/15/05 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 07/15/2005) 07/21/ Important Notice to Counsel NOTICE of Hearing: STATUS CONFERENCE SET FOR 9/8/2005 4:30 PM IN CHAMBERS, Rm , BEFORE HONORABLE HARVEY BARTLE III. (jmp, ) Additional attachment(s) added on 7/21/2005 (jmp, ). (Entered: 07/21/2005) 07/26/ Stipulation & Proposed Order regarding Rule 26(a) disclosures & Class Certification Briefing filed by PERRY PARAGAMIAN. (HENZEL, MARC) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 7/28/2005 (np). (Entered: 07/26/2005) 07/26/ APPLICATION by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A.

21 GOLDSTEIN, TIMOTHY J. HENKEL FOR DAVID HURWITZ TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 07/27/2005) 07/27/ APPLICATION by PERRY PARAGAMIAN FOR LIANA LARSON TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 07/27/2005) 07/28/ ORDER THAT APPLICATION OF DAVID L. HURWITZ, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE (b) IS GRANTED UPON PAYMENT OF THIS COURT'S PRO HAC VICE ADMISSION FEE. SIGNED BY JUDGE HARVEY BARTLE III ON 7/28/ /29/2005 ENTERED AND COPIES MAILED AND E- MAILED.(mbh, ) (Entered: 07/29/2005) 08/01/ Defendants' ANSWER to Amended Complaint by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL. (Attachments: # 1 Certificate of Service)(HIRSHON, SARA) (Entered: 08/01/2005) 08/15/ ORDER THAT THE APPLICATIONOF LIANA LARSON, ESQ. TO PRACTICE IN THIS COURT IS GRANTED UPON PAYMENT OF THIS COURT'S PRO HAC VICE ADMISSION FEE. ( SIGNED BY JUDGE HARVEY BARTLE III ON 8/15/05. ) 8/15/05 ENTERED AND COPIES MAILED AND FAXED.(gn, ) (Entered: 08/15/2005) 09/06/ NOTICE (kg, ) (Entered: 09/06/2005) 09/09/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: Status Conference held on 9/8/05. (jl, ) (Entered: 09/09/2005) 09/09/ FIRST SCHEDULING ORDER THAT ALL OTHER FACT DISCOVERY SHALL PROCEED FORTHWITH AND BE COMPLETED BY 5/31/06; ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION SHALL BE FILED AND SERVED ON OR BEFORE 10/16/06; PLAINTIFF'S PRETRIAL MEMORANDUM ARE DUE BY 2/19/07; DEFENDANT'S PRETRIAL MEMORANDUM ARE DUE BY 2/26/07; THE CASE WILL BE PLACED IN THE TRIAL POOL ON 3/1/07; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 9/9/05. 9/9/05 ENTERED AND COPIES MAILED, ED AND FAXED.(jl, ) (Entered: 09/09/2005) 09/19/ NOTICE OF THE CHANGE OF LAW FIRM NAME TO LERACH COUGLIN STOIA GELLER, DECLARATION. (jl, ) (Entered: 09/19/2005) 09/27/ NOTICE of Appearance by GREGORY A. MARKEL on behalf of VICURON PHARMACEUTICALS INCORPORATED (jl, ) (Entered: 09/27/2005) 09/27/ APPLICATION by VICURON PHARMACEUTICALS INCORPORATED FOR STACY LARA TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 09/27/2005) 09/27/ APPLICATION by VICURON PHARMACEUTICALS INCORPORATED FOR

22 GREGORY MARKEL TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 09/27/2005) 09/28/ ORDER THAT THE APPLICATION OF STACEY LARA TO PRACTICE PRO HAC VICE IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 9/28/05. 9/28/05 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 09/28/2005) 09/28/ ORDER THAT THE APPLICATION OF GREGORY MARKEL TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 9/28/05. 9/28/05 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 09/28/2005) 10/14/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: PHONE CONFERENCE held on 10/14/05. (jl, ) (Entered: 10/14/2005) 10/14/ SECOND SCHEDULING ORDER THAT ALL EXPERT DISCOVERY SHALL PROCEED FORTHWITH AND BE COMPLETED BY 9/15/06; ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION SHALL BE FILED AND SERVED ON OR BEFORE 10/16/06; PLAINTIFF'S PRETRIAL MEMORANDUM ARE DUE BY 2/19/07; DEFENDANT'S PRETRIAL MEMORANDUM ARE DUE BY 2/26/07; THE CASE WILL BE PLACED IN THE TRIAL POOL ON 3/1/07; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 10/14/05. 10/14/05 ENTERED AND COPIES MAILED, ED AND FAXED.(jl, ) (Entered: 10/14/2005) 10/14/ MOTION to Certify Class Plaintiffs' Motion for Class Certification filed by PERRY PARAGAMIAN.Memorandum, Certificate of Service. (Attachments: # 1 # 2 # 3 # 4)(HENZEL, MARC) (Entered: 10/14/2005) 10/19/ NOTICE of Appearance by BRIAN SLIPAKOFF on behalf of CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL with CERTIFICATE OF SERVICE (WITHDRAWAL OF APPEARANCE OF SARA HIRSHON). (Attachments: # 1 WITHDRAWAL OF APPEARANCE)(jl, ) Modified on 10/19/2005 (jl, ). (Entered: 10/19/2005) 11/07/ Joint MOTION for Protective Order and Exhibit A thereto filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL.Certificate of Service.(SLIPAKOFF, BRIAN) (Entered: 11/07/2005) 11/08/ STIPULATION AND PROTECTIVE ORDER FOR CONFIDENTIAL MATERIAL RE: CERTAIN FACTS WITH COURT APPROVAL; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 11/8/05. 11/8/05 ENTERED AND COPIES MAILED.(jl, ) (Entered: 11/08/2005) 11/18/ Memorandum of Law in Opposition re 78 MOTION to Certify Class Plaintiffs'

23 Motion for Class Certification filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL, Certificate of Service. (SLIPAKOFF, BRIAN) Modified on 11/21/2005 (np). (Entered: 11/18/2005) 11/18/ AFFIDAVIT in Opposition re 78 MOTION to Certify Class Plaintiffs' Motion for Class Certification Declaration of Stacey Lara with Exhibits filed by CLAUDIO QUARTA, DAVID V. MILLIGAN, CHRISTOPHER T. WALSH, JAMES H. CAVANAUGH, COSTANTINO AMBROSIO, UBALDO LIVOLSI, FRANCESCO PARENTI, VICURON PHARMACEUTICALS INCORPORATED, GEORGE F. HORNER, III, DOV A. GOLDSTEIN, TIMOTHY J. HENKEL. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4 (Part 1)# 5 Exhibit 4 (Part 2)# 6 Exhibit 4 (Part 3)# 7 Exhibit 5 (Part 1)# 8 Exhibit 5 (Part 2)# 9 Exhibit (Part 3)# 10 Exhibit 6 (Part 1)# 11 Exhibit 6 (Part 2)# 12 Exhibit 6 (Part 3)# 13 Exhibit 7# 14 Exhibit 8# 15 Exhibit 9# 16 Exhibit 10# 17 Exhibit 11# 18 Exhibit 12# 19 Exhibit 13# 20 Exhibit 14# 21 Exhibit 15)(SLIPAKOFF, BRIAN) (Entered: 11/18/2005) 12/14/ MOTION to Compel Date Certain for the Completion of the Production of Documents filed by PERRY PARAGAMIAN.Brief, Declaration, Certificate of Service. (Attachments: # 1 Affidavit Declaration of Laura M. Andracchio# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Text of Proposed Order Proposed Order)(HENZEL, MARC) (Entered: 12/14/2005) 12/15/ NOTICE of Change of Address by MARC S. HENZEL (HENZEL, MARC) (Entered: 12/15/2005) 12/19/ NOTICE of Change of Address by WILLIAM S. LERACH. Certificate of Service. (stb, ) Additional attachment(s) added on 5/24/2006 (jl, ). (Entered: 12/19/2005) 12/22/ REPLY to Response to Motion re 78 MOTION to Certify Class Plaintiffs' Motion for Class Certification filed by PERRY PARAGAMIAN. (Attachments: # 1 Affidavit Declaration Of Marc S. Henzel In Support# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E# 7 Exhibit Exhibit F)(HENZEL, MARC) (Entered: 12/22/2005) 12/22/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: PHONE CONFERENCE held on 12/22/05. (jl, ) (Entered: 12/23/2005) 01/10/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: PHONE CONFERENCE held on 1/10/06. (jl, ) (Entered: 01/10/2006) 01/10/ ORDER THAT THE MOTION OF PLAINTIFFS TO COMPEL DATE CERTAIN FOR THE COMPLETION OF THE PRODUCTION OF DOCUMENTS IS DENIED AS MOOT; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 1/10/06.1/11/06 ENTERED AND COPIES MAILED, ED AND FAXED. (jl, ) (Entered: 01/11/2006) 01/26/ NOTICE of Change of Address by SAMUEL H. RUDMAN, CERTIFICATE OF SERVICE. (jl, ) (Entered: 01/27/2006)

24 01/27/ APPLICATION by PERRY PARAGAMIAN FOR TED MINAHAN TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 01/27/2006) 01/30/ ORDER THAT THE APPLICATION OF TED J. MINAHAN, ESQ., TO PRACTICE IN THIS COURT IS GRANTED UPON PAYMENT OF THIS COURT'S PRO HAC VICE ADMISSION FEE. SIGNED BY JUDGE HARVEY BARTLE III ON 1/30/06. 1/30/06 ENTERED AND COPIES MAILED AND FAXED.(gs) (Entered: 01/30/2006) 01/31/ Letter from ARTHUR STOCK TO JUDGE BARTLE THAT ROBERT KAUFFMAN IS NO LONGER WITH OUR FIRM BERGER & MONTAGUE, P.C. (jl, ) (Entered: 01/31/2006) 02/01/ MEMORANDUM AND ORDER THAT THE MOTION OF THE PLAINTIFFS FOR CLASS CERTIFICATION IS GRANTED. THE MASSACHUSETTS STATE GUARANTEED ANNUITY FUND, THE MASSACHUSETTS STATE CARPENTERS PENSION FUND, AND THE GREATER PENNSYLVANIA CARPENTERS PENSION FUND, COLLECTIVELY KNOWN AS THE INSTITUTIONAL INVESTOR GROUP, ARE APPOINETED AS CLASS REPRESENTATIVES; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 2/1/06.2/1/06 ENTERED AND COPIES MAILED, ED.(jl, ) (Entered: 02/01/2006) 02/09/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: PHONE CONFERENCE held on 2/9/06. (jl, ) (Entered: 02/09/2006) 02/17/ NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 2/27/ :30 PM BEFORE HONORABLE HARVEY BARTLE III. (kg, ) (Entered: 02/17/2006) 02/27/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: PHONE CONFERENCE held on 2/27/06. (jl, ) (Entered: 02/28/2006) 03/15/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: PHONE CONFERENCE held on 3/14/06. (jl, ) (Entered: 03/15/2006) 01/11/ APPLICATION by PERRY PARAGAMIAN FOR ELLEN GUSIKOFF STEWART TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 01/11/2007) 01/22/ ORDER THAT THE APPLICATION OF ELLEN GUSIKOFF STEWART TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 1/22/07. 1/22/07 ENTERED AND COPIES MAILED AND FAXED.(jl, ) Additional attachment(s) added on 6/21/2007 (jl, ). (Entered: 01/22/2007) 01/30/ Stipulation of Settlement by PERRY PARAGAMIAN. (STEWART, ELLEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/31/2007 (np). (Entered: 01/30/2007) 02/01/ ORDER THAT COURT DOES HEREBY PRELIMINARY APPROVE THE STIPULATION AND THE SETTLEMENT SET FORTH THEREIN, SUBJECT TO FURTHER CONSIDERATION AT THE SETTLEMENT HEARING. A SETTLEMENT HEARING SHALL BE HELD BEFORE THIS COURT ON

25 5/16/07 AT 1:30 TO DETERMINE WHETHER THE PROPOSED SETTLEMENT OF THE LITIGATION ON THE TERMS AND CONDITIONS PROVIDED FOR IN THE STIPULATION IS FAIR, REASONABLE AND ADEQUATE TO THE CLASS AND SHOULD BE APPROVED BY THE COURT; WHETHER A JUDGMENT AS PROVIDED IN 1.12 OF THE STIPULATION SHOULD BE ENTERED HEREIN; WHETHER THE PROPOSED PLAN OF ALLOCATION SHOULD BE APPROVED; AND TO DETERMINE THE AMOUNT OF FEES AND EXPENSES THAT SHOULD BE AWARDED TO PLAINTIFFS' COUNSEL IN THE LITIGATION; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 2/1/07. 2/1/07 ENTERED AND COPIES MAILED.(jl, ) Additional attachment(s) added on 7/17/2007 (jl, ). (Entered: 02/01/2007) 02/01/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: PHONE CONFERENCE held on 1/31/07. (jl, ) (Entered: 02/02/2007) 02/01/2007 SETTLEMENT HEARING SET FOR 5/16/ :30 PM BEFORE HONORABLE HARVEY BARTLE III. (jl, ) (Entered: 02/02/2007) 05/02/ MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses filed by PERRY PARAGAMIAN.Certificate of Service.(STEWART, ELLEN) (Entered: 05/02/2007) 05/02/ Memorandum of Law in Support re 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses Final Approval of Class Action Settlement and Plan of Allocation filed by PERRY PARAGAMIAN. (STEWART, ELLEN) (Entered: 05/02/2007) 05/02/ Memorandum of Law in Support re 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses Award of Attorneys' Fees and Reimbursement of Expenses filed by PERRY PARAGAMIAN. (STEWART, ELLEN) (Entered: 05/02/2007) 05/02/ Declaration re 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses Declaration of Laura Andracchio by PERRY PARAGAMIAN with Certificate of Service. (STEWART, ELLEN) Modified on 5/3/2007 (le, ). (Entered: 05/02/2007) 05/02/ Declaration re 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award

26 of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses Declaration of Carole K. Sylvester Re: Class Notice by PERRY PARAGAMIAN. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(STEWART, ELLEN) (Entered: 05/02/2007) 05/02/ Declaration Ellen Gusikoff Stewart IN SUPPORT OF APPLICATION FOR AWARD OF ATTORNEY FEES AND REIMBURSEMENT OF EXPENSES re 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses by PERRY PARAGAMIAN, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(STEWART, ELLEN) Modified on 5/3/2007 (afm, ). (Entered: 05/02/2007) 05/02/ Declaration Marc S. Henzel on Behalf of the Law Offices of Marc S. Henzel IN SUPPORT OF APPLICATION FOR AWARD OF ATTORNEY FEES AND REIMBURSEMENT OF EXPENSES re 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses by PERRY PARAGAMIAN, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit A)(STEWART, ELLEN) Modified on 5/3/2007 (afm, ). (Entered: 05/02/2007) 05/02/ Declaration Ellen Gusikoff Stewart Filed on Behalf of Lerach Coughlin Stoia Geller Rudman & Robbins LLP IN SUPPORT OF APPLICATION FOR AWARD OF ATTORNEY FEES AND REIMBURSEMENT OF EXPENSES re 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses by PERRY PARAGAMIAN, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit A)(STEWART, ELLEN) Modified on 5/3/2007 (afm, ). (Entered: 05/02/2007) 05/02/ PROPOSED ORDER APPROVING PLAN OF ALLOCATION by PERRY PARAGAMIAN, CERTIFICATE OF SERVICE. (STEWART, ELLEN) Modified on 5/3/2007 (afm, ). (Entered: 05/02/2007) 05/02/ PROPOSED FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE by PERRY PARAGAMIAN, CERTIFICATE OF SERVICE. re 106 Memorandum, Attachments: # 1 Exhibit 1)(STEWART, ELLEN) Modified on 5/3/2007 (afm, ). (Entered: 05/02/2007) 05/02/ PROPOSED ORDER AWARDING PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES by PERRY PARAGAMIAN, CERTIFICATE OF SERVICE. re 107 Memorandum,, (STEWART, ELLEN)

27 Modified on 5/3/2007 (afm, ). (Entered: 05/02/2007) 05/14/ Supplemental Declaration of ELLEN GUSIKOFF STEWART filed on behalf of LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS, LLP in further Support of Application for award of attorneys' fees and reimbursement of expenses re: 105 MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses MOTION for Settlement Notice of Motion and Motion for (1) Final Approval of Class Action Settlement and Plan of Allocation; and (2) Award of Attorneys' Fees and Reimbursement of Expenses Supplemental Declaration of Ellen Gusikoff Stewart Filed on Behalf of Lerach Coughlin Stoia Geller Rudman & Robbins LLP in Further Support of Application for Award of Attorneys' Fees and Reimbursement of Expenses by PERRY PARAGAMIAN, Certificate of Service.(STEWART, ELLEN) Modified on 5/15/2007 (fh) (Entered: 05/14/2007) 05/16/ Minute Entry for proceedings held before Judge HARVEY BARTLE III: Settlement Conference held on 5/16/07. (jl, ) (Entered: 05/16/2007) 05/17/ FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE THAT THIS JUDGMENT INCORPORATES BY REFERENCE THE DEFINITIONS IN THE STIPULATION, AND ALL TERMS USED HEREIN SHALL HAVE THE SAME MEANINGS AS SET FORTH IN THE STIPULATION. THIS COURT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE LITIGATION AND OVER ALL PARTIES TO THE LITIGATION, INCLUDING ALL MEMBERS OF THE CLASS. PURSUANT TO RULE 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE, THIS COURT HEREBY APPROVES THE SETTLEMENT SET FORTH IN THE STIPULATION AND FINDS THAT SAID SETTLEMENT IS, IN ALL RESPECTS, FAIR, REASONABLE AND ADEQUATE TO, AND IS IN THE BEST INTERESTS OF, THE LEAD PLAINTIFFS, THE CLASS AND EACH OF THE CLASS MEMBERS. THE SETTLING PARTIES ARE HEREBY DIRECTED TO PERFORM THE TERMS OF THE STIPULATION. ALL CLASS MEMBERS ARE HEREBY FOREVER BARRED AND ENJOINED FROM PROSECUTING THE RELEASED CLAIMS AGAINST THE RELEASED PERSONS; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 5/17/07. 5/17/07 ENTERED AND COPIES MAILED, E- MAILED.(jl, ) (Entered: 05/17/2007) 05/22/ SUPPLEMENTAL DECLARATION of Laura M. Andracchio in Support of Award of Attorneys' Fees by PERRY PARAGAMIAN, Certificate of Service. (Attachments: # 1 Exhibit A)(STEWART, ELLEN) Modified on 5/22/2007 (md). (Entered: 05/22/2007) 05/31/ MEMORANDUM AND ORDER THAT THE MOTION OF THE CLASS REPRESENTATIVES FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES IS GRANTED; AND CLASS COUNSEL IS AWARDED ATTORNEYS'S FEES IN THE AMOUNT OF $3,187,500, AS WELL AS COSTS AND EXPENSES IN THE AMOUNT OF $203,609.06; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 5/31/07. 5/31/07 ENTERED AND COPIES MAILED, ED.(jl, ) (Entered: 05/31/2007) 05/31/ ORDER THAT FOR PURPOSES OF THIS ORDER, THE TERMS USED

28 HEREIN SHALL HAVE THE MEANINGS AS SET FORTH IN THE STIPULATION OF SETTLEMENT DATED AS OF 1/5/07, AND FILED WITH THE COURT. PURSUANT TO AND IN FULL COMPLIANCE WITH RULE 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE, THIS COURT HEREBY FINDS AND CONCLUDES THAT DUE AND ADEQUATE NOTICE WAS DIRECTED TO ALL PERSONS WHO ARE CLASS MEMBERS WHO COULD BE IDENTIFIED WITH REASONABLE EFFORT, ADVISING THEM OF THE PLAN OF ALLOCATION AND OF THEIR RIGHT TO OBJECT THERETO, AND A FULL AND FAIR OPPORTUNITY WAS ACCORDED TO ALL PERSONS AND ENTITIES WHO ARE CLASS MEMBERS TO BE HEARD WITH RESPECT TO THE PLAN OF ALLOCATION; ETC.. SIGNED BY JUDGE HARVEY BARTLE III ON 5/31/07. 5/31/07 ENTERED AND COPIES MAILED, ED.(jl, ) (Entered: 05/31/2007) 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