U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:01-cv-01439

Transcription

1 US District Court Civil Docket as of 03/03/2003 Retrieved from the court on Friday, July 29, 2005 U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:01-cv Nance et al v. Versata, Inc. et al Assigned to: Hon. Susan Illston Lead case: 3:01-cv Member cases: 3:01-cv :01-cv :01-cv :01-cv :01-cv :01-cv Cause: 15:78m(a) Securities Exchange Act Plaintiff Michael Nance Individually and on Behalf of All Others Similarly Situated, Date Filed: 04/12/2001 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Juden Justice Reed Schubert & Reed LLP Two Embarcadero Center Suite 1050 San Francisco, CA / Fax: (415) LEAD ATTORNEY David R. Scott Scott & Scott LLC 108 Norwich Avenue Colchester, CT (860) Fax: (860) Jason T. Baker Milberg Weiss Bershad Hynes & Lerach LLP 100 Pine Street, Suite 2600 San Francisco, CA Fax:

2 Jeffrey W. Lawrence Lerach Coughlin Stoia Geller Rudman & Robbins LLP 100 Pine Street Suite 2600 San Francisco, CA Fax: Patrick J. Coughlin Milberg Weiss Bershad Hynes & Lerach LLP 100 Pine Street Suite 2600 San Francisco, CA / Fax: Robert C. Schubert Schubert & Reed LLP Two Embarcadero Center Suite 1050 San Francisco, CA Willem F. Jonckheer Schubert & Reed LLP Two Embarcadero Center Suite 1050 San Francisco, CA / William S. Lerach Lerach Coughlin Stoia & Robbins LLP 401 B Street, Suite 1700 San Diego, CA / Fax: billl@lerachlaw.com

3 Plaintiff Kenneth Lanci represented by Jason T. Baker Jeffrey W. Lawrence Juden Justice Reed Marc C. Krantz Kohrman Jackson & Krantz P.L.L. One Cleveland Center, 20th Floor 1375 East Nineth Street Cleveland, OH Patrick J. Coughlin Willem F. Jonckheer William S. Lerach Robert C. Schubert V. Defendant Versata, Inc. represented by Michael D. Torpey Orrick herrington & Sutcliffe LLP The Orrick Building 405 Howard Street San Francisco, CA / Fax:

4 Sara B. Brody Heller Ehrman 333 Bush Street San Francisco, CA / Fax: (415) Defendant Jack Hewitt, Jr. represented by Pauline E. Calande Falk & Rabkin A Professional Corporation Three Embarcadero Center 7th Floor San Francisco, CA Fax: LEAD ATTORNEY Gilbert R. Serota Howard Rice Nemerovski Canady Falk Three Embarcadero Center 7th Floor San Franciso, CA Fax: Inna M. Katsen Howard, Rice, Nemerovski, Canady, Falk & Rabkin, A Professional Corporation Three Embarcadero Center 7th Floor San Francisco, CA Fax: Defendant Kevin Ferrell represented by Michael D. Torpey

5 Sara B. Brody Defendant Peter Harrison Defendant Michael DeVries represented by Michael D. Torpey Sara B. Brody Laura E. Russell Brobeck, Phleger & Harrison LLP One Market Street Spear Street Tower San Francisco, CA (415) Margaret M. Snyder Brobeck, Phleger & Harrison LLP Spear Street Tower One Market Street San Francisco, CA Fax: Defendant Naren Bakshi represented by Michael D. Torpey Sara B. Brody Laura E. Russell

6 Margaret M. Snyder Date Filed # Docket Text 04/12/ COMPLAINT ; summons issued, against Naren Bakshi, Michael DeVries, Kevin Ferrell, Peter Harrison, Jack Hewitt Jr., Versata, Inc. (Filing fee $150 receipt number ). Filed by Michael Nance. (rcs, ) Additional attachment(s) added on 5/3/2001 (mcl, ). (Entered: 04/17/2001) 04/12/2001 Summons Issued as to Versata, Inc. (rcs, ) (Entered: 04/17/2001) 04/12/2001 Summons Issued as to Jack Hewitt Jr. (rcs, ) (Entered: 04/17/2001) 04/12/2001 Summons Issued as to Kevin Ferrell (rcs, ) (Entered: 04/17/2001) 04/12/2001 Summons Issued as to Peter Harrison (rcs, ) (Entered: 04/17/2001) 04/12/2001 Summons Issued as to Michael DeVries (rcs, ) (Entered: 04/17/2001) 04/12/2001 Summons Issued as to Naren Bakshi (rcs, ) (Entered: 04/17/2001) 04/12/ ADR SCHEDULING ORDER: Case Management Statement due by 8/6/2001. Case Management Conference set for 8/13/2001 at 04:00 PM. (rcs, ) (Entered: 04/17/2001) 05/10/ Declination to Proceed Before a U.S. Magistrate Judge by Naren Bakshi, Michael DeVries, Kevin Ferrell, Versata, Inc.. (Brody, Sara) (Entered: 05/10/2001) 05/10/ CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A DISTRICT JUDGE (ls, ) (Entered: 05/10/2001) 05/10/ CERTIFICATE of Clerk Certificate of Serivice of Notice of Impending Reassignment. (ls, ) (Entered: 05/10/2001) 05/14/ ORDER REASSIGNING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Judge Bernard Zimmerman no longer assigned to case. Signed by Executive Committee on 5/14/01. (as, ) (Entered: 05/14/2001) 05/15/ CLERK'S NOTICE The Honorable Susan Illston has scheduled the Case Management Conference to occur on 8/17/2001 at 02:00 PM. Case Management Statement due by 8/10/2010. For further details see attached case management order. (ts, ) (Entered: 05/15/2001) 05/30/ ORDER RELATING CASE. Case related with , , , , and to Judge Susan Illston for all further proceedings.. Signed by Judge Susan Illston on 5/30/01. (ys, ) (Entered: 06/06/2001) 06/06/ AFFIDAVIT Declaration of Willem F. Jonckheer re Publication of Notice Pursuant to Civil L.R by Michael Nance. (Reed, Juden) (Entered: 06/06/2001)

7 06/06/ AFFIDAVIT Declaration of Juden Justice Reed Pursuant to Civil L.R. 3-7(d) by Michael Nance. (Reed, Juden) (Entered: 06/06/2001) 06/06/ AFFIDAVIT Declaration of Robert C. Schubert Pursuant to Civil L.R. 3-7(d) by Michael Nance. (Reed, Juden) (Entered: 06/06/2001) 06/06/ AFFIDAVIT Declaration of Willem F. Jonckheer Pursuant to Civil L.R. 3-7(d) by Michael Nance. (Reed, Juden) (Entered: 06/06/2001) 06/06/ CERTIFICATE OF SERVICE by Michael Nance DECLARATION OF ROBERT C. SCHUBERT PURSUANT TO CIVIL L.R. 3.7(d) (Reed, Juden) (Entered: 06/06/2001) 06/08/ STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RELATED ACTIONS AND ESTABLISH SCHEDULE by Naren Bakshi, Michael DeVries, Kevin Ferrell, Versata, Inc.. (Brody, Sara) (Entered: 06/08/2001) 06/11/ MOTION to Consolidate Cases Notice of Motion, Motion and Memorandum of Poitns and Authorities in Support Thereof for the Motion to Consolidate Related Actions filed by Michael Nance. Motion Hearing set for 7/27/ :00 AM. (Baker, Jason) (Entered: 06/11/2001) 06/11/ MOTION to Appoint Counsel Notice of Motion, Motion and Memorandum of Points and Authorities in Support Thereof for the Motion to Appoint Gonnet Informatica, Catu Ltd. and Xiaofan Wang as Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Counsel filed by Michael Nance. Motion Hearing set for 7/27/ :00 AM. (Baker, Jason) (Entered: 06/11/2001) 06/11/ DECLARATION in Support re 15, 16 Declaration of Jason T. Baker in Support of: (1) Motion to Appoint Gonnet Informatica, Catu Ltd. and Xiaofan Wang as Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Counsel; and (2) Motion to Consolidate Related Actions filed by Michael Nance. (Attachments: # 1 Exhibit Exhibit A: Movants' Sworn Certifications# 2 Exhibit Exhibit B: Chart of Movants' Purchases, Sales and Losses# 3 Exhibit Exhibit C: Business Wire Notice, dated April 11, 2001# 4 Exhibit Exhibit D: Firm resume of Milberg Weiss Bershad Hynes & Lerach LLP# 5 Exhibit Exhibit E: Firm resume of Scott & Scott, LLC)(Related document(s)15, 16) (Baker, Jason) (Entered: 06/11/2001) 06/11/ DECLARATION in Support re 16 Certificate of David R. Scott Pursuant to Local Rule 3-7(D) filed by Michael Nance. (Related document(s)16) (Baker, Jason) (Entered: 06/11/2001) 06/11/ DECLARATION in Support re 16 Certificate of Patrick J. Coughlin Pursuant to Local Rule 3-7(D) filed by Michael Nance. (Related document(s)16) (Baker, Jason) (Entered: 06/11/2001) 06/11/ DECLARATION in Support re 16 Certificate of Jeffrey W. Lawrence Pursuant to Local Rule 3-7(D) filed by Michael Nance. (Related document(s)16) (Baker, Jason) (Entered: 06/11/2001) 06/11/ DECLARATION in Support re 16 Certificate of William S. Lerach Pursuant to Local Rule 3-7(D) filed by Michael Nance. (Related document(s)16) (Baker, Jason)

8 (Entered: 06/11/2001) 06/11/ MOTION to Appoint Counsel Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Motion to Appoint Kenneth A. Lanci as Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Counsel filed by Michael Nance. Motion Hearing set for 7/27/ :00 AM. (Reed, Juden) (Entered: 06/11/2001) 06/11/ DECLARATION in Support re 22 Declaration of Robert C. Schubert in Support of Motion to Appoint Kenneth A. Lanci as Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Lead Counsel filed by Michael Nance. (Attachments: # 1 Exhibit A. Lanci Section 21D(e) Damage Calculation# 2 Exhibit B. Press Release# 3 Exhibit C. Lanci Certification of Plaintiff Pursuant to Federal Securities Laws# 4 Exhibit D. Schubert & Reed LLP Firm Resume)(Related document(s)22) (Reed, Juden) (Entered: 06/11/2001) 06/11/ CERTIFICATE OF SERVICE by Michael Nance re 22 (Reed, Juden) (Entered: 06/11/2001) 06/11/2001 Received Document Joint Stipulated Motion and Proposed Order to consolidate related actions and establish schedule by Naren Bakshi, Michael DeVries, Kevin Ferrell, Peter Harrison, Jack Hewitt Jr., Michael Nance, Versata, Inc.. (ys, ) (Entered: 06/13/2001) 06/11/ MOTION to appoint Kenneth A. Lanci as lead plaintiff pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to approve lead plaintiff's choice of counsel filed by Michael Nance. Motion Hearing set for 7/27/ :00 AM. (ys, ) (Entered: 06/15/2001) 06/11/ DECLARATION in Support re [25] of Robert C. Schubert filed by Michael Nance. (Related document(s)[25]) (ys, ) (Entered: 06/15/2001) 06/12/ Joint MOTION to Consolidate Cases filed by Naren Bakshi, Michael DeVries, Kevin Ferrell, Peter Harrison, Jack Hewitt Jr., Michael Nance, Versata, Inc.. (rcs, ) (Entered: 06/22/2001) 06/12/2001 ORDER by Judge Susan Illston granting [28] stipulation to Consolidate Cases. Lead Case No. C (rcs) (Entered: 06/22/2001) 06/13/ WAIVER OF SERVICE Returned Executed, by Michael Nance. Versata, Inc. waiver sent on 4/12/2001, answer due 6/11/2001 (mcl, ) (Entered: 06/19/2001) 06/13/2001 WAIVER OF SERVICE Returned Executed, by Michael Nance. Jack Hewitt Jr. waiver sent on 4/23/2001, answer due 6/22/2001 (mcl, ) (Entered: 06/19/2001) 06/13/2001 WAIVER OF SERVICE Returned Executed, by Michael Nance. Peter Harrison waiver sent on 5/22/2001, answer due 7/23/2001 (mcl, ) (Entered: 06/19/2001) 06/13/2001 WAIVER OF SERVICE Returned Executed, by Michael Nance. Kevin Ferrell waiver sent on 5/22/2001, answer due 7/23/2001 (mcl, ) (Entered: 06/19/2001) 06/13/2001 WAIVER OF SERVICE Returned Executed, by Michael Nance. Michael DeVries waiver sent on 5/22/2001, answer due 7/23/2001 (mcl, ) (Entered: 06/19/2001)

9 06/13/2001 WAIVER OF SERVICE Returned Executed, by Michael Nance. Naren Bakshi waiver sent on 5/22/2001, answer due 7/23/2001 (mcl, ) (Entered: 06/19/2001) 06/19/ ORDER Removing cases from electronic case filing and all filings in all of cases C , C , C , C , and C , and in any other cases later related to these cases, shall be done in accordance with the Civil Local Rules.. Signed by Judge Susan Illston on 6/19/01. (ys, ) (Entered: 06/25/2001) 06/21/ ORDER regarding Joint Stipulation to consolidate related actions and establish schedule. Signed by Judge Susan Illston on 6/21/01. (ys, ) (Entered: 06/26/2001) 06/25/ CERTIFICATE OF SERVICE by Kevin Ferrell, Versata, Inc. of stipulation and order providing that defendants need not respond to complaint until after the consolidated complaint is filed (ys, ) (Entered: 06/28/2001) 06/25/ CERTIFICATE OF SERVICE by Naren Bakshi, Michael DeVries, Kevin Ferrell, Versata, Inc. of order regarding joint stipulation to consolidate related actions and establish schedule and joint stipulated motion and order to consolidate related actions and establish schedule (ys, ) (Entered: 06/28/2001) 06/26/ NOTICE of Change of Address by plaintiffs' counsel Willem F. Jonckheer effective 7/1/01. (Entered: 06/29/2001) 07/06/ Memorandum in Opposition re 16 motin of Gonnet Informatica, Catu Ltd. and Xiaofan Wang to be appointed Lead Plaintiff pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934 filed by Kenneth Lanci. (ys, ) (Entered: 07/09/2001) 07/06/ DECLARATION in Opposition re [25], 22 to Kenneth A. Lanci's motion seeking appointment as lead palintiff filed by Michael Nance. (Related document(s)[25], 22) (ys, ) (Entered: 07/09/2001) 07/06/ Memorandum in Opposition re 16 to Kenneth A. Lance's motion seeking appointment as lead plaintiff filed by Michael Nance. (ys, ) (Entered: 07/10/2001) 07/13/ Memorandum of Points and Authorities in Reply re Opposition [34] filed by Michael Nance. (ys, ) (Entered: 07/18/2001) 07/13/ DECLARATION of Jason T. Baker in Support re [37] filed by Michael Nance. (Related document(s)[37]) (ys, ) (Entered: 07/18/2001) 07/13/ Reply Memorandum to Motion re 22, [25] filed by Kenneth Lanci. (ys, ) (Entered: 07/18/2001) 07/13/ DECLARATION of Kenneth A. Lanci in Support re [39] filed by Kenneth Lanci. (Related document(s)[39]) (ys, ) (Entered: 07/18/2001) 07/25/ DECLARATION of Jeffrey W. Lawrence regarding Trading Information of Gonnet Informatica, S.A. filed by Michael Nance. (ys, ) (Entered: 07/27/2001) 07/26/ DECLARATION of Robert C. Schubert in Support re [25], 22 filed by Kenneth Lanci. (Related document(s)[25], 22) (ys, ) (Entered: 07/27/2001) 07/27/ MOTION for Pro Hac Vice Marc C. Krantz filed by Michael nance. Motion Hearing set for 7/27/ :00 AM. (ys, ) (Entered: 07/30/2001)

10 07/30/ ORDER by Judge Susan Illston granting [43] Motion for Pro Hac Vice of Marc C. Krantz. (ys, ) (Entered: 07/31/2001) 07/31/ Minute Entry: Motion Hearing re [25], 15submitted, held on 7/29/2001 before Susan Illston. The motion are deemed submitted pending further briefing. Mr. Lerach shall file his supplemental pleading on 8/3/01, and Mr. Shubert shall file his response by 8/10/01.(Court Reporter R. Flores.) (ys, ) (Entered: 08/02/2001) 08/02/ DECLARATION of Gonnet Informatica, S.A. in Support re 16 filed by Michael Nance. (Related document(s)16) (ys, ) (Entered: 08/06/2001) 08/02/ DECLARATION of Catu, Ltd in Support re 16 filed by Michael Nance. (Related document(s)16) (ys, ) (Entered: 08/06/2001) 08/02/ DECLARATION of Xiaofan Wangin Support re 16 filed by Michael Nance. (Related document(s)16) (ys, ) (Entered: 08/06/2001) 08/10/ Supplemental MEMORANDUM in Support re 22 seeking appointment as lead plaintiff filed by Kenneth Lanci. (Related document(s)22) (ys, ) (Entered: 08/14/2001) 08/10/ Supplemental DECLARATION of Robert C. Schubert in Support re 22 to appoint Kenneth A. Lanci as lead plaintiff filed by Kenneth Lanci. (Related document(s)22) (ys, ) (Entered: 08/14/2001) 08/10/ DECLARATION of Kenneth A. Lanci in Support re 22 seeking appointment as lead plaintiff filed by Kenneth Lanci. (Related document(s)22) (ys, ) (Entered: 08/14/2001) 08/10/ DECLARATION of Marc C. Krantz in Support re 22 to appoint Kenneth A. Lanci filed by Kenneth Lanci. (Related document(s)22) (ys, ) (Entered: 08/14/2001) 08/20/ ORDER by Judge Susan Illston DENYING 15 motion to consolidate in C SI as moot, GRANTING 16 Gonnet Informatica, Catu, Ltd., and Xiaofan Wang's Motion for Appointment as lead plaintiffs along with Milberg Weiss Bershad Hynes & Lerach LLP and Scott & Scott LLC as co-lead counsel. DENYING 22, [25] Kenneth A. Lanci's Motion for Appointment as a lead plaintiff along with appointment of choice of counsel (ys, ) (Entered: 08/22/2001) 08/21/ NOTICE of Entry of Order re [53] Designating Lead Plaintiff by Kenneth Lanci, Michael Nance. (ys, ) (Entered: 08/23/2001) 08/22/ NOTICE of Entry of Order re [44] by Kenneth Lanci. (ys, ) (Entered: 08/23/2001) 09/12/ ORDER RE: Newly-Related Case (Hagman). C BZ has been related to the other five earlier filed Versata cases C SI (master file). All order previously issued in the master file, including specifically the Order Designating Lead Plaintiff dated 8/17/01, are applicable to and effective in C as well. Signed by Judge Susan Illston on 9/10/01. (ys, ) (Entered: 09/14/2001) 10/04/2001 Received Document Joint stipulation and proposed order extending plaintiffs' deadline to file consolidated complaint and defendants' deadline to respond by Michael DeVries, Versata, Inc., Kevin Ferrell, and Naren Bakshi. (ys, ) (Entered: 10/09/2001)

11 10/05/ STIPULATION AND ORDER: Extending plaintiffs' deadline to file Consolidated Complaint due on or before 10/18/01, and defendants' deadline to respond until 12/19/01. Signed by Judge Susan Illston on 10/5/01. (ys, ) (Entered: 10/10/2001) 10/15/ CERTIFICATE OF SERVICE by Versata, Inc. re [57] (ys, ) (Entered: 10/15/2001) 10/18/ Letter dated 10/18/01 from plaintiffs' counsel Jeffrey W. Lawrence to Judge Illston re agreement with defendants that, subject to this court's approval, plaintiffs will file the complaint on 10/19/01 and hand-deliver a copy to defendants. (ys, ) (Entered: 10/19/2001) 10/19/ Consolidated Class Action COMPLAINT against Versata, Inc. (). Filed by Kenneth Lanci. (ys, ) (Entered: 10/22/2001) 12/05/ NOTICE of Change of Address by plaintiffs' counsel William S. Learch to Milberg Weiss Bershad Hynes & Lerach LLP, 401 B Street, Suite 1700, San Diego, Ca effective 1/1/02. (ys, ) (Entered: 12/05/2001) 12/18/2001 Received Document Joint stipulation and proposed order extending the briefing schedule for defendants' response to consolidated complaint by Naren Bakshi, Michael DeVries, Kevin Ferrell, Versata, Inc.. (ys, ) (Entered: 12/19/2001) 12/19/ STIPULATION AND ORDER: extending the briefing schedule for defendants' response to consolidated complaint. Defendants shall file and serve their response to the consolidated complaint on 1/31/02; the defendants respond by filing a motion to dismiss the consolidted complaint, the plaintiffs shall file and serve any opposition papers by 3/15/02; the defendatns shall have 30 days thereafter, or until 4/15/02 to serve reply papers; the hearing on defendants motion to dismiss shall be held on 5/10/02. Signed by Judge Susan Illston on 12/19/01. (ys, ) (Entered: 12/20/2001) 12/27/ CERTIFICATE OF SERVICE by Naren Bakshi, Michael DeVries, Kevin Ferrell, Versata, Inc. re [62] (ys, ) (Entered: 12/27/2001) 02/05/ MEMORANDUM in Support of his motion to dismiss plaintiffs' proposed class action consolidated complaint for violations of Federal Securities Laws, or in the alternative, to strike certain allegations filed by Jack Hewitt Jr.. (ys, ) (Entered: 02/06/2002) 02/05/ Appendix of Non-Federal Authorities filed by Jack Hewitt Jr.. (ys, ) (Entered: 02/06/2002) 02/05/ CERTIFICATE OF SERVICE by Jack Hewitt Jr. re [64], [65] (ys, ) (Entered: 02/06/2002) 02/05/ MOTION to Dismiss Consolidated Amended Complaint filed by Kevin Ferrell, Versata, Inc., Gary Morgenthaler. Motion Hearing set for 5/10/ :00 AM. (ys, ) (Entered: 02/06/2002) 02/05/ Request for Judicial Notice re [67] filed by Kevin Ferrell, Versata, Inc., Gary Morganthaler. (Related document(s)[67]) (ys, ) (Entered: 02/06/2002) 02/05/2002 Proposed Order granting defendants' motion to dismiss consolidated amended complaint by Kevin Ferrell, Versata, Inc., Gary Morgenthaler. (ys, ) (Entered:

12 02/06/2002) 02/05/2002 Received Document Joint stipulation and proposed order extending the briefing schedule for defendants' response to consolidated complaint by Kevin Ferrell, Versata, Inc., Gary Morgenthaler. (ys, ) (Entered: 02/06/2002) 02/05/ CERTIFICATE OF SERVICE by Kevin Ferrell, Versata, Inc., Gary Morgenthaler re [67] (ys, ) (Entered: 02/06/2002) 02/05/ Appendix of Unreported Authorities filed by Kevin Ferrell, Versata, Inc.. (ys, ) (Entered: 02/06/2002) 02/08/ STIPULATION AND ORDER extending the briefing schedule for defendants' response to Consolidated Compalint: Defendants shall file and serve their response to the Consolidatedd Complaint on 2/5/02 ; The defendants respond by filing a motion to dismiss the Consolidated Complaint, the plaintiffs shall file and serve any opposition papers by 3/2/02 ; The defendant shall have 30 days thereafter, or until 4/19/02 to serve reply papers ; The hearing on defendants' motion to dismiss be held on 5/10/02, as originally scheduled. Signed by Judge Susan Illston on 2/8/02. (ys, ) (Entered: 02/11/2002) 03/01/ CERTIFICATE OF SERVICE by Kevin Ferrell, Versata, Inc. re [71] (ys, ) (Entered: 03/04/2002) 03/20/ Joint STIPULATION AND ORDER extending the briefing schedule for plaintiffs' opposition to defendants' motion to dismiss consolidated complaint. The plaintiffs shall file and serve their opposition by 3/29/02 and the defendants shall file and serve their reply on 4/26/02. Signed by Judge Susan Illston on 3/20/02. (ys, ) (Entered: 03/21/2002) 03/22/ CERTIFICATE OF SERVICE by Kevin Ferrell, Versata, Inc., Gary Morgenthaler re [73] (ys, ) (Entered: 03/25/2002) 03/28/ OPPOSITION to [67] motion to dismiss consolidated complaint by plaintiffs. (ys, ) (Entered: 03/29/2002) 04/26/ REPLY in Support re [67] motion to dismiss consolidated amended complaint filed by Kevin Ferrell, Versata, Inc., Gary Morgenthaler. (ys, ) (Entered: 04/29/2002) 04/26/ Supplemental Request for Judicial Notice re [67] motion to dismiss filed by Kevin Ferrell, Versata, Inc., Gary Morgenthaler. (Related document(s)[67]) (ys, ) (Entered: 04/29/2002) 04/26/ Appendix of unreported authorites re [67] motion to dismiss filed by Kevin Ferrell, Versata, Inc.. (Related document(s)[67]) (ys, ) (Entered: 04/29/2002) 04/26/ Reply Brief in support of his Motion to dismiss plaintiffs' proposed class action consolidated complaint for violations of Federal Securities Laws, or in the alternative, to strike certain allegations filed by Jack Hewitt Jr.. (ys, ) (Entered: 04/29/2002) 04/26/ CERTIFICATE OF SERVICE by Kevin Ferrell, Versata, Inc. re [76], [77], [78] (ys, ) (Entered: 05/14/2002) 05/07/ Statement of recent decisions in support of plaintiffs' opposition to defendants'

13 motion to dismiss the consolidated complaint by plaintiffs. (ys, ) (Entered: 05/08/2002) 05/13/ Minute Entry: Motion Hearing re [67] motion to dismiss held on 5/13/2002 before Susan Illston. Motion granted in part and denied in part (Court Reporter R. Flores.) (ys, ) (Entered: 05/14/2002) 05/20/ ORDER by Judge Susan Illston granting in part and denying in part [67] Motion to Dismiss. Granted as to Counts One and Two. As to Counts Three and Four, the motions are GRANTED IN PART and DENIED IN PART. As to the other allegations, defendants' motion to dismiss is DENIED. Plaintiffs' are granted leave to amend the complaint on or before June 14, 2002 should they wish to do so. (hdj, ) (Entered: 05/23/2002) 06/13/2002 Received Document Stipulation and proposed order extending time to file the Second Consolidated Amended class action complaint by plaintiffs. (ys, ) (Entered: 06/18/2002) 06/18/ STIPULATION AND ORDER: extending time to file the Second Consolidated Amended class action Complaint. Plaintiffs' Second Amended Consolidated Class Action Complaint shall be filed no later than 6/28/02 ; Defendants' response to the Second Amended Class Action Complaint shall be filed no later than 7/28/02 ; Should defendans respond by filing a motion to dismiss, plaintiffs' response shall be filed no later than 8/28/02 ; Defendants' reply to plaintiffs' opposition shall be filed no later than 9/16/02 ; The hearing on defendants' motion to dismiss, if any, shall be 10/4/02. Signed by Judge Susan Illston on 6/13/02. (ys, ) (Entered: 06/21/2002) 06/18/2002 Set/Reset Deadlines:, Set/Reset Hearings: Motion Hearing set for 10/4/ :00 AM. (ys, ) (Entered: 06/21/2002) 06/28/2002 Received Document Stipulation and proposed order extending time to file the Second Consolidated Amended class action Complaint by plaintiffs. (ys, ) (Entered: 06/28/2002) 07/01/ STIPULATION AND ORDER: extending time to file the second consolidated amended class action complaint to 7/12/02 ; Defendants' response to the second amended consolidated class action complaint is due 8/12/02 ; Should defendants respond by filing a motion to dismiss, plaintiffs' response shall be filed by 9/12/02 ; Defendants' reply to plaintiffs' opposition to motion to dismiss shall be filed no later than 9/30/02 ; The hearing on defendants' motion to dismiss, if any, shall be 10/18/02. Signed by Judge Susan Illston on 6/28/02. (ys, ) (Entered: 07/02/2002) 07/01/2002 Set/Reset Deadlines:, Set/Reset Hearings: Motion to dismiss due by 8/12/2002. Motion to dismiss Hearing set for 10/18/ :00 AM. (ys, ) (Entered: 07/02/2002) 07/10/ NOTICE of Entry of Order re [85] by plaintifs. (ys, ) (Entered: 07/11/2002) 07/12/ ORDER : filing date for Amended Complaint is extended until 8/11/02. Signed by Judge Susan Illston on 7/12/02. (ys, ) (Entered: 07/15/2002) 08/08/2002 Received Document Substitution of counsel by Gary Morgenthaler, Kevin Ferrell, Versata, Inc.. (ys, ) (Entered: 08/09/2002)

14 08/12/ ORDER : Substitution of counsel for defendants Versata, Inc., Gary Morgenthaler, and Kevin Ferrell to Michael D. Torpey, Esq.. Signed by Judge Susan Illston on 8/12/02. (ys, ) (Entered: 08/13/2002) 11/06/ Letter dated 11/5/02 from plaintiffs' counsel Jeffrey W. Lawrence to Courtroom Deputy Tracy Sutton re hearing date for preliminary approval of the settlement. (ys, ) (Entered: 11/07/2002) 11/21/ ORDER Preliminarily approving settlement and providing for notice. See order for more details. Signed by Judge Susan Illston on 11/21/02. (ys, ) (Entered: 11/22/2002) 12/05/ CERTIFICATE OF SERVICE by plaintiffs re [90] (ys, ) (Entered: 12/09/2002) 01/17/ Notice of MOTION and Memorandum of Points and Authorities in support of final approval of settlement filed by plaintiffs. Motion Hearing set for 2/14/ :00 AM. (ys, ) (Entered: 01/17/2003) 01/17/ Notice of MOTION and Memorandum of Points and Authorities in support of approval of plan of allocation of settlement proceeds filed by plaintiffs. Motion Hearing set for 2/14/ :00 AM. (ys, ) (Entered: 01/17/2003) 01/17/ Notice of MOTION and Memorandum of Points and Authorities in support of application for award of attorneys' fees and reimbursement of expenses filed by plaintiffs. Motion Hearing set for 2/14/ :00 AM. (ys, ) (Entered: 01/17/2003) 01/17/ DECLARATION of Jeffrey W. Lawrence in Support re [92], [93], [94] filed by Michael Nance. (Related document(s)[92], [93], [94]) (ys, ) (Entered: 01/17/2003) 01/17/ DECLARATION of David R. Scott filed on behalf of Scott & Scott, LLC in Support re [94] filed by plaintiffs. (Related document(s)[94]) (ys, ) (Entered: 01/17/2003) 01/17/ DECLARATION of Joy Ann Bull filed on behalf of Milberg Weiss Bershad Hynes & Lerach LLP in Support re [94] filed by plaintiffs. (Related document(s)[94]) (ys, ) (Entered: 01/17/2003) 01/17/ DECLARATION of Joy Ann Bull in Support re [94] filed by Michael Nance. (Related document(s)[94]) (ys, ) (Entered: 01/17/2003) 01/17/2003 Proposed Order re [94] by plaintiffs. (ys, ) (Entered: 01/17/2003) 01/17/2003 Proposed Order approving plan of allocation by plaintiffs. (ys, ) (Entered: 01/17/2003) 01/17/2003 Proposed final judgment and order of dismissal with prejudice by plaintiffs. (ys, ) (Entered: 01/17/2003) 01/17/ Sworn DECLARATION of Dennis M. Swencki in connection with the mailing of the notice of pendency and settlement of class action and proof of claim and release and summary notice for publication filed by plaintiffs. (ys, ) (Entered: 01/17/2003) 02/03/2003 Received Document Verified ex parte application for an order shortening time to file motion for an award of attorneys' fees and reimbursement of expenses to

15 Schubert & Reed LLP and Kohrman Jackson & Krantz PLL; proposed order thereon by Kenneth Lanci, Michael Nance. (ys, ) (Entered: 02/03/2003) 02/04/ MOTION for an award of Attorney Fees and, MOTION Reimbursement of expenses to Schubert & Reed LLP; Memorandum of Points and Authorities in support thereof filed by Kenneth Lanci, Michael Nance. Motion Hearing set for 2/14/ :00 AM. (ys, ) (Entered: 02/04/2003) 02/04/ DECLARATION of Robert C. Schubert in Support re [100] filed by Kenneth Lanci, Michael Nance. (Related document(s)[100]) (ys, ) (Entered: 02/04/2003) 02/04/ Verified Ex Parte Applicaton for an order shortening time to file motion for an award of attorneys' fees and reimbursement of expenses to Schubert & Reed LLP and Kohrman Jackson & Krantz LLP filed by Kenneth Lanci, Michael Nance. (ys, ) (Entered: 02/07/2003) 02/04/ ORDER by Judge Susan Illston granting [102] Ex Parte Application. Schubert & Reed and Kohrman Jackson shall serve their motion for an award of attorneys' fees and reimbursement of expenses on or before 2/3/03. Any opposition to said motion due on 2/10/03. Any reply due on or before 2/12/03. (ys, ) (Entered: 02/07/2003) 02/07/ Co-Lead Counsel's Reply Memorandum of Points and Authorities in Opposition to Motion re [100] filed by Kenneth Lanci, Michael Nance. (ys, ) (Entered: 02/07/2003) 02/11/ NOTICE of Entry of Order re [103] by Kenneth Lanci, Michael Nance. (ys, ) (Entered: 02/11/2003) 02/12/ Reply Memorandum in support of Motion re [100] an award of attorneys' fees and reimbursement filed by Kenneth Lanci, Michael Nance. (ys, ) (Entered: 02/13/2003) 02/18/ Supplemental DECLARATION of Joy Ann Bull in Support re [100] application for reimbursement of expenses filed by Kenneth Lanci, Michael Nance. (Related document(s)[100]) (ys, ) (Entered: 02/18/2003) 02/18/2003 Proposed Revised Order awarding attroneys' fees and reimbursement of expenses by Kenneth Lanci, Michael Nance. (ys, ) (Entered: 02/18/2003) 02/19/ Minute Entry: Motion Hearing re [92] final approval of class settlement - granted, [93] plaintiff's motion for approval of plan of allocation of settlement proceeds - granted, [94], [100] - submitted plaintiff's motion for award of attorneys' fees and reimbursement of expenses held on 2/14/2003 before Susan Illston. (Court Reporter L. Mankiewicz.) (ys, ) (Entered: 02/20/2003) 02/19/ ORDER by Judge Susan Illston granting [93] Motion approving plan of allocation. See order for more details (ys, ) (Entered: 02/20/2003) 02/19/ FINAL JUDGMENT and ORDER of Dismissal with prejudice. Signed by Judge Susan Illston on 2/19/03. (ys, ) (Entered: 02/20/2003) 02/20/ Letter dated 2/19/03 from Joy Ann Bull to Judge Illston in response to the 2/14/03 letter to the Court from Robert C. Schubert. (ys, ) (Entered: 02/20/2003) 02/21/ Letter dated 2/20/03 from plaintiffs' counsel Robert C. Schubert to the Court in

16 response to Joy Bull's letter to the Court dated 2/18/03. (ys, ) (Entered: 02/25/2003) 02/25/ Revised ORDER awarding attorneys' fees and reimbursement of expenses. Signed by Judge Susan Illston on 2/24/03. (ys, ) (Entered: 02/27/2003) 02/25/ ORDER by Judge Susan Illston granting [100] Motion for Attorney Fees, granting in part and denying in part [100] Motion for reimbursement of costs. Petitioning counsel are ordered to provide to the Court and to Co-Lead Counsel for the class a declaration setting out the filing fee and publication cost, on or before 3/4/03. Co- Lead counsel's optional reply on or before 3/14/03. See Order for more details (ys, ) (Entered: 02/27/2003) 03/03/ DECLARATION of Aaron H. Darsky in Support of motion for reimbursement of filing fee and notice expense to Schubert & Reed LLP filed by Michael Nance. (ys, ) (Entered: 03/03/2003) 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