United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:95-cv RGS

Transcription

1 US District Court Civil Docket as of 06/15/2000 Retrieved from the court on Wednesday, September 13, 2006 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:95-cv RGS Weisburgh v. Fidelity Magellan Fu, et al Assigned to: Judge Richard G. Stearns Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Diane Weisburgh Individually and on behalf of all those similarly situated Date Filed: 12/11/1995 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question represented by Gary E. Cantor Berger & Montague 1622 Locust Street Philadelphia, PA Glen DeValerio Berman DeValerio Pease One Liberty Square 8th Floor Boston, MA / Fax: Kimberly M. Gaines Commonwealth of Massachusetts - Dept of Treasury 1 Ashburton Place Boston, MA Fax: kgainsboro@2tre.state.ma.us Richard C. Angino Angino & Rovner, P.C North Front Street Harrisburg, PA 17110

2 Sherrie R. Savett Berger & Montague, P.C Locust Street Philadelphia, PA Fax: Stephen Moulton Moulton & Gans, PC 33 Broad Street 11th Floor Boston, MA V. Defendant Fidelity Magellan Fund represented by David R. DeVeau Kinder Morgan Energy Partners LP 500 Dallas Suite 1000 Houston, TX Fax: James S. Dittmar Goodwin Procter LLP Exchange Place Boston, MA Fax: John D. Donovan, Jr. Ropes & Gray LLP One International Place

3 Boston, MA Fax: Joshua S. Levy Ropes & Gray LLP One International Place Boston, MA Fax: Philip C. Koski Securities and Exchange Commission - MA 33 Arch Street 23rd Floor Boston, MA Fax: koskip@sec.gov Defendant FMR Corp. represented by David R. DeVeau (See above for address) Gordon M. Jones, III Nixon Peabody, LLP 101 Federal Street Boston, MA Fax: gmjones@nixonpeabody.com James S. Dittmar (See above for address)

4 Patrick J. O'Toole, Jr. Weil, Gotshal & Manges 100 Federal Street Boston, MA Fax: Defendant Jeffrey Vinik represented by David R. DeVeau (See above for address) Gordon M. Jones, III (See above for address) James S. Dittmar (See above for address) Patrick J. O'Toole, Jr. (See above for address) Date Filed # Docket Text 12/11/ Complaint filed. Case assigned to Judge: Stearns. Receipt #: Amount:$ (fmr) (Entered: 12/13/1995) 12/11/1995 Summons issued for Fidelity Magellan Fu, FMR Corp., Jeffrey Vinik (fmr) (Entered: 12/13/1995) 12/19/ Return of service executed as to Jeffrey Vinik in 1:95-cv with service on 12/12/95 filed. Answer due on 1/1/96 for Jeffrey Vinik (cmg) (Entered: 01/22/1996) 12/21/ Return of service executed as to FMR Corp. in 1:95-cv with service on 12/12/95 filed. Answer due on 1/1/96 for FMR Corp. (cmg) (Entered: 01/22/1996) 12/21/ Return of service executed as to Fidelity Magellan Fu in 1:95-cv with service on 12/12/95 filed. Answer due on 1/1/96 for Fidelity Magellan Fu (cmg)

5 (Entered: 01/22/1996) 12/29/ Motion by Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv to extend time to 30 days to respond to complaint, filed. (eaf) (Entered: 01/02/1996) 12/29/1995 Judge Richard G. Stearns. Endorsed Order entered granting [2-1] motion to extend time to 30 days to respond to complaint. cc/cl (jdj) (Entered: 01/22/1996) 02/14/ Motion by Diane Weisburgh in 1:95-cv for entry of pretrial order no. 1, filed. (eaf) (Entered: 09/23/1996) 02/15/ Memorandum of pltfs re: reassignment of two related cases involing Apple Computer, filed. (eaf) (Entered: 09/23/1996) 03/11/ Certificate of Consultation re: mtn for extension of time for defts to respond to pltfs' mtn for entry of pretrial order no. 1, filed. (eaf) (Entered: 09/23/1996) 03/11/ Motion by Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv to extend time to 3/18/96 to respond to pltfs' mtn for entry of proposed pretrial order no. 1, filed. (eaf) (Entered: 09/23/1996) 04/18/ Joint statement by Diane Weisburgh in 1:95-cv-12676, Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv-12676, Randy Stark in 1:95-cv-12679, FMR Corp. in 1:95-cv-12679, Fidelity Management in 1:95-cv-12679, Jeffrey Vinik in 1:95-cv-12679, Robert C. Daniels in 1:95-cv , Fidelity Magellan in 1:95-cv-12680, FMR Corp. in 1:95-cv-12680, Jeffrey Vinik in 1:95-cv-12680, Thomas Stack in 1:95-cv-12686, Kevin Stack in 1:95-cv , Jeffrey Vinik in 1:95-cv-12686, Fidelity Magellan Fu in 1:95-cv-12686, Fidelity Management in 1:95-cv-12686, Richard R. Perry in 1:95-cv-12687, Jeffrey Vinik in 1:95-cv-12687, Fidelity Magellan Fu in 1:95-cv-12687, Fidelity Management in 1:95-cv-12687, Joshua Morgenstern in 1:95-cv-12698, FMR Corp. in 1:95-cv-12698, Fidelity Management in 1:95-cv-12698, Jeffrey Vinik in 1:95- cv-12698, John P. Aellen in 1:95-cv-12705, Peter MacPherson in 1:95-cv-12705, Joseph J. Szlavik in 1:95-cv-12705, Fidelity Magellan in 1:95-cv-12705, Fidelity Management in 1:95-cv-12705, FMR Corp. in 1:95-cv-12705, Jeffrey Vinik in 1:95-cv-12705, Irving Ravens in 1:95-cv-12717, Robert M. Furman in 1:95-cv , FMR Corp. in 1:95-cv-12717, Fidelity Magellan in 1:95-cv-12717, Jeff Vinik in 1:95-cv-12717, William Darbinville in 1:95-cv-12730, Jennifer T. Alden in 1:95-cv-12730, Robert J. Alden Jr. in 1:95-cv-12730, Max Piep in 1:95-cv , Steve Geduldig in 1:95-cv-12730, Fidelity Magellan in 1:95-cv-12730, FMR Corp. in 1:95-cv-12730, Jeffrey Vinik in 1:95-cv-12730, Larry C. Bowman in 1:95-cv-12732, Jeffrey Vinik in 1:95-cv-12732, Fidelity Magellan Fu in 1:95-cv , Fidelity Management in 1:95-cv-12732, Valentina C. Vanderbush in 1:95- cv-12737, Jeffrey Vinik in 1:95-cv-12737, Fidelity Magellan Fu in 1:95-cv-12737, Fidelity Management in 1:95-cv-12737, re: submission of all parties in response to questions presented in the disclosure of potential conflict, filed. (eaf) (Entered: 09/23/1996) 04/22/ Judge Richard G. Stearns. Memorandum and Order re: recusal entered. (eaf) (Entered: 09/23/1996) 05/24/ Judge Richard G. Stearns. Order entered, scheduling conference for 2:30 6/24/96

6 in 1:95-cv-12676, in 1:95-cv-12679, in 1:95-cv-12680, in 1:95-cv-12686, in 1:95- cv-12687, in 1:95-cv-12698, in 1:95-cv-12705, in 1:95-cv-12717, in 1:95-cv , in 1:95-cv-12732, in 1:95-cv-12737, scheduling conference for. (eaf) (Entered: 09/23/1996) 07/08/ Motion by Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv to stay discovery filed. (eaf) (Entered: 09/23/1996) 07/08/ Proposed pretrial order no. 2 received for filing. (eaf) (Entered: 09/23/1996) 07/08/ Certificate of Consultation re: budget for costs et al, filed. (eaf) (Entered: 09/23/1996) 07/09/1996 Scheduling conference held. Court will issue separate schedule order. (eaf) (Entered: 09/23/1996) 07/09/ Judge Richard G. Stearns. Clerk's Notes: re: scheduling conference. Court will issue separte scheduling order. (eaf) (Entered: 09/23/1996) 07/10/ Judge Richard G. Stearns. Memorandum and Order on consolidation, entered. "Every pleading in this consolidated action shall have the following caption: CA RGS IN RE FIDELITY/MICRON SECURITES LITIGATION The Court adopts the organization plan establishing pltfs' Executive Committee and Liaison Counsel as set out in Par. 8 through 13 of pltfs' proposed Pre-Trial Order No. 1 filed on 2/14/96. The court also adopts Par. 14 and 15 of pltfs' Proposed Pre- Trial Order No. 1." cc: all counsel of record. (eaf) (Entered: 09/23/1996) 07/10/ Judge Richard G. Stearns. Memorandum and Order entered. granting [13-1] motion to stay discovery in 1:95-cv-12676, 1:95-cv-12679, 1:95-cv-12680, 1:95- cv-12686, 1:95-cv-12687, 1:95-cv-12698, 1:95-cv-12705, 1:95-cv-12717, 1:95-cv , 1:95-cv-12732, 1:95-cv-12737, cc: all counsel of record. (eaf) (Entered: 09/23/1996) 07/24/ Amended complaint by Diane Weisburgh in 1:95-cv-12676, Randy Stark in 1:95- cv-12679, Robert C. Daniels in 1:95-cv-12680, Thomas Stack in 1:95-cv-12686, Kevin Stack in 1:95-cv-12686, Richard R. Perry in 1:95-cv-12687, Joshua Morgenstern in 1:95-cv-12698, John P. Aellen in 1:95-cv-12705, Peter MacPherson in 1:95-cv-12705, Joseph J. Szlavik in 1:95-cv-12705, Irving Ravens in 1:95-cv-12717, Robert M. Furman in 1:95-cv-12717, William Darbinville in 1:95-cv-12730, Jennifer T. Alden in 1:95-cv-12730, Robert J. Alden Jr. in 1:95-cv , Max Piep in 1:95-cv-12730, Steve Geduldig in 1:95-cv-12730, Larry C. Bowman in 1:95-cv-12732, Valentina C. Vanderbush in 1:95-cv filed.. Amended complaint amends [1-1] complaint in 1:95-cv-12676, [1-1] complaint in 1:95-cv-12679, [1-1] complaint in 1:95-cv-12680, [1-1] complaint in 1:95-cv , [1-1] complaint in 1:95-cv-12687, [1-1] complaint in 1:95-cv-12698, [1-1] complaint in 1:95-cv-12705, [1-1] complaint in 1:95-cv-12717, [1-1] complaint in 1:95-cv-12730, [1-1] complaint in 1:95-cv-12732, [1-1] complaint in 1:95-cv ; (eaf) (Entered: 09/23/1996) 08/26/ Motion by Fidelity Magellan Fu in 1:95-cv to dismiss, filed. (eaf) (Entered: 09/23/1996) 08/26/ Memorandum by Fidelity Magellan Fu in 1:95-cv in support of [20-1]

7 motion to dismiss, filed. (eaf) (Entered: 09/23/1996) 08/26/ Motion by FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv to dismiss, filed. (eaf) (Entered: 09/23/1996) 08/26/ Memorandum by FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv in support of [22-1] motion to dismiss, filed. (eaf) (Entered: 09/23/1996) 08/26/ Appendix/exhibits by FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv in support of [22-1] motion to dismiss, filed. (eaf) (Entered: 09/23/1996) 08/26/ Motion by FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv for leave to file memo in excess of 20 pages, filed. (eaf) (Entered: 09/23/1996) 08/26/1996 Judge Richard G. Stearns. Endorsed Order entered granting [25-1] motion for leave to file memo in excess of 20 pages. (eaf) (Entered: 09/23/1996) 09/24/ STIPULATION (Motion) by Diane Weisburgh in 1:95-cv-12676, to extend time to 10/2/96 to respond to mtn to dismiss, to 10/18/96 to file reply to pltfs' opposition to defts' motion to dismiss. Pltfs shall have until 11/4/96 to file sur-reply to defts' reply to pltfs' oppositions filed. (eaf) (Entered: 09/25/1996) 10/01/1996 Judge Richard G. Stearns. Endorsed Order entered granting [26-1] stipulation motion to extend time to 10/2/96 to respond to mtn to dismiss, Response to motion reset to 10/2/96 for [22-1] motion to dismiss, reset to 10/2/96 for [20-1] motion to dismiss cc: all counsel of record. (eaf) (Entered: 10/02/1996) 10/02/ Motion by Diane Weisburgh in 1:95-cv for leave to file memo in excess of 20 pages in opposition to deft's motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 10/02/ Motion by Diane Weisburgh in 1:95-cv for leave to file brief in excess of 20 pages in opposition to motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 10/17/ STIPULATION, Response to motion reset to 10/25/96 for [20-1] motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 10/25/ Reply Memorandum by Fidelity Magellan Fu in 1:95-cv in support of [20-1] motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 10/25/ Appendix/exhibits by Fidelity Magellan Fu in 1:95-cv in support of [30-1] support memorandum, filed. (eaf) (Entered: 11/15/1996) 10/25/ Memorandum by Fidelity Magellan Fu in 1:95-cv in support of [20-1] motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 10/25/ Reply Memorandum by Fidelity Magellan Fu in 1:95-cv in support of [20-1] motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 10/31/ Motion by Diane Weisburgh in 1:95-cv to certify class, filed. (eaf) (Entered: 11/15/1996) 10/31/ Memorandum by Diane Weisburgh in 1:95-cv in support of [34-1] motion to certify class, filed. (eaf) (Entered: 11/15/1996) 11/12/ Sur-reply Memorandum by Diane Weisburgh in 1:95-cv in opposition to

8 [20-1] motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 11/12/ Sur-reply Memorandum by Diane Weisburgh in 1:95-cv in opposition to [20-1] motion to dismiss, filed. (eaf) (Entered: 11/15/1996) 11/14/ Notice of appearance of attorney for Fidelity Magellan Fu in 1:95-cv by John D. Donovan, Jr., FILED.(c/s) (cmg) (Entered: 12/10/1996) 11/14/ Notice of appearance of attorney for Fidelity Magellan Fu in 1:95-cv by James S. Dittmar, FILED.(c/s) (cmg) (Entered: 12/10/1996) 11/14/ Motion by Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv to transfer case, FILED.(c/s) (cmg) (Entered: 12/10/1996) 11/14/ Memorandum by Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv , Jeffrey Vinik in 1:95-cv in support of [49-1] motion to transfer case, FILED.(c/s) (cmg) (Entered: 12/10/1996) 11/14/ Appendix/exhibits by Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95- cv-12676, Jeffrey Vinik in 1:95-cv in support of [49-1] motion to transfer case, FILED.(c/s) (cmg) (Entered: 12/10/1996) 11/27/ Joint motion by Diane Weisburgh in 1:95-cv-12676, Fidelity Magellan Fu in 1:95- cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv TO Correct Consolidation Order, FILED.(c/s) (cmg) (Entered: 12/02/1996) 11/27/ STIPULATION (Motion) by Diane Weisburgh in 1:95-cv-12676, Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv-12676, to extend time until ruling on motion to dismiss to reply to Ps' motion for class certification, FILED.(c/s) (cmg) (Entered: 12/02/1996) 12/03/1996 Judge Richard G. Stearns. Endorsed Order entered granting [38-1] joint motion TO Correct Consolidation Order, FILED.(cc/cl) (cmg) (Entered: 12/06/1996) 12/03/1996 Judge Richard G. Stearns. Endorsed Order entered granting [39-1] stipulation motion to extend time until ruling on motion to dismiss to reply to Ps' motion for class certification, FILED.(cc/cl) (cmg) (Entered: 12/06/1996) 12/05/ Motion by Diane Weisburgh in 1:95-cv for Arthur Abbey, Stephen Rodd, Stuart Savett, Barbara Podell, Gary Cantor, Sherrie Savett, to appear pro hac vice, filed. c/s (tmc) (Entered: 12/06/1996) 12/05/ Certificate of Good Standing by Attorney Arthur Abbey, filed. (tmc) (Entered: 12/06/1996) 12/05/ Certificate of Good Standing by Attorney Stephen Rodd, filed. (tmc) (Entered: 12/06/1996) 12/05/ Certificate of Good Standing by Attorney Stuart Savett, filed. (tmc) (Entered: 12/06/1996) 12/05/ Certificate of Good Standing by Attorney Barbara A. Podell, filed. (tmc) (Entered: 12/06/1996)

9 12/05/ Certificate of Good Standing by Attorney Garty Cantor, filed. (tmc) (Entered: 12/06/1996) 12/05/ Certificate of Good Standing by Attorney Sherrie Savett, filed. (tmc) (Entered: 12/06/1996) 12/05/ Judge Richard G. Stearns. Invitation for Comment ISSUED: The Court having been advised by the Judicial Panel that it has now before it defts' Motion to Transfer and consolidate with these actions and several similar actions filed in the Middle District of Florida, the Court proposes to suspend a hearing on the pending motion to dismiss until the Panel rules. The thought is, if defts' motion is allowed, to permit the newly consolidated plaintiffs to participate in that hearing. If the motion is Denied, the hearing can, of course, go forward immediately. I invite comment by the Parties to be filed on or before 12/20/96, FILED.(cc/cl) (cmg) (Entered: 12/10/1996) 12/09/1996 Judge Richard G. Stearns. Endorsed Order entered granting [40-1] motion for Arthur Abbey, Stephen Rodd, Stuart Savett, Barbara Podell, Gary Cantor, Sherrie Savett, to appear pro hac vice. cc/cl (dms) (Entered: 12/11/1996) 12/16/ Reply by Diane Weisburgh in 1:95-cv to response to [49-1] motion to transfer case, FILED.(c/s) (cmg) (Entered: 12/24/1996) 12/20/ Letter by Sherrie R. Savett in 1:95-cv dated: 12/20/96 to: Stearns, D.J. re: Court's invitation for comment, FILED.(c/s) (cmg) (Entered: 12/23/1996) 02/18/1997 Terminated document: mooting [9-1] motion to extend time to 3/18/96 to respond to pltfs' mtn for entry of proposed pretrial order no. 1 Requested by eaf. (eaf) (Entered: 02/18/1997) 02/18/1997 Terminated document: granting [27-1] motion for leave to file memo in excess of 20 pages in opposition to deft's motion to dismiss Requested by eaf. (eaf) (Entered: 02/18/1997) 02/18/1997 Terminated document: granting [28-1] motion for leave to file brief in excess of 20 pages Requested by eaf. (eaf) (Entered: 02/18/1997) 03/04/ Judge Richard G. Stearns. Notice of Hearing/conference: reset status conference for 2:00 3/26/97. (eaf) (Entered: 03/21/1997) 03/26/1997 Motion hearing re: [22-1] motion to dismiss, [20-1] motion to dismiss. After hearing, Court takes motions under advisement. Counsel may, if they wish, submit further briefs in 10 days. (eaf) (Entered: 04/21/1997) 03/26/ Judge Richard G. Stearns. Clerk's Notes: re: motion hearing [22-1] motion to dismiss taken under advisement, [20-1] motion to dismiss taken under advisement Court Reporter: J. Ruggieri (eaf) (Entered: 04/21/1997) 04/04/ Fidelity defendants' post hearing memorandum in support of their motion to dismiss (eaf) (Entered: 06/06/1997) 04/24/ Judge Richard G. Stearns. Memorandum and Order entered. denying [22-1] motion to dismiss, denying [20-1] motion to dismiss (eaf) (Entered: 06/06/1997) 05/01/ Motion by Diane Weisburgh in 1:95-cv for R. Angino to appear pro hac vice

10 , filed. (eaf) (Entered: 03/05/1998) 06/02/1997 Terminated document: mooting [49-1] motion to transfer case Requested by eaf. (eaf) (Entered: 06/02/1997) 06/02/ STIPULATION extending defts' time to respond to pltfs' motion to remand and repoond to complaint, filed. (eaf) (Entered: 06/04/1997) 06/02/ STIPULATION extending defts' time to answer the consolidated class action complaint, filed. (eaf) (Entered: 06/04/1997) 06/02/ Judge Richard G. Stearns. Pretrial Order no. 3, entered. (eaf) (Entered: 06/04/1997) 06/17/ STIPULATION by Diane Weisburgh in 1:95-cv-12676, Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv-12676, Response to motion to remand and to respond to complaint 7/28/97, filed. (eaf) (Entered: 06/17/1997) 06/18/ Notice of voluntary dismissal of remaining state law counts as against deft the Fidelity Magellan Fund, filed. (eaf) (Entered: 06/19/1997) 06/23/ Motion by Diane Weisburgh in 1:95-cv for class certification, filed. (eaf) (Entered: 06/26/1997) 06/23/ Memorandum by Diane Weisburgh in 1:95-cv in support of [64-1] motion for class certification, filed. (eaf) (Entered: 06/26/1997) 07/02/ Answer by Fidelity Magellan Fu in 1:95-cv to complaint, filed. (eaf) (Entered: 07/03/1997) 07/09/1997 Terminated document: mooting [34-1] motion to certify class Requested by eaf. (eaf) (Entered: 07/09/1997) 07/17/ STIPULATION extending defts' time to respond to pltfs' motion to remand and to respond to the complaint to 8/27/97 by Diane Weisburgh in 1:95-cv-12676, Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv-12676, filed. (eaf) (Entered: 07/17/1997) 07/18/1997 Judge Richard G. Stearns. Endorsed Order entered staying [64-1] motion for class certification "Action stayed, pursuant to pretrial order #3, to 9/22/97." cc: all counsel of record. (eaf) (Entered: 07/18/1997) 08/06/ STIPULATION extending time to respond to pltfs' subpoena to SEC to 8/15/97, filed and approved. (eaf) (Entered: 08/08/1997) 08/08/ STIPULATION (Motion) by Diane Weisburgh in 1:95-cv-12676, Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv-12676, to extend time to September 3, 1997 to respond to subpoena to SEC, filed; c/s. (sat) (Entered: 08/11/1997) 08/12/1997 Judge Richard G. Stearns. Endorsement re: [70-1] stipulation. approved. (eaf) (Entered: 08/28/1997) 08/19/ STIPULATION extending time to respond to pltfs' subpoena to SEC to 9/26/97,

11 filed. (eaf) (Entered: 08/20/1997) 09/02/ STIPULATION by Diane Weisburgh in 1:95-cv-12676, Fidelity Magellan Fu in 1:95-cv-12676, FMR Corp. in 1:95-cv-12676, Jeffrey Vinik in 1:95-cv-12676, Response to motion for class certification to 10/22/97, filed. (eaf) (Entered: 09/03/1997) 09/08/1997 Judge Richard G. Stearns. Endorsed Order entered granting [70-1] stipulation. "treated as a motion and allowed." to extend time for defts to respond to or move for protective order re: subpeona to 9/26/97 (eaf) (Entered: 09/09/1997) 09/19/ Text not available. (Entered: 09/24/1997) 09/23/1997 Judge Richard G. Stearns. Endorsed Order entered granting [72-1] motion.to extend time to respond to pltf's subpoena to SEC (eaf) (Entered: 09/24/1997) 10/07/1997 Terminated document: mooting [69-1] stipulation motion to extend time to September 3, 1997 to respond to subpoena to SEC. (mhr) (Entered: 10/07/1997) 12/03/ Notice of appearance of attorney for Diane Weisburgh in 1:95-cv by Stephen Moulton, filed. (eaf) (Entered: 12/16/1997) 01/21/1998 Case closed. (1:96-cv :95-cv :95-cv :95-cv :95-cv :95-cv :95-cv :95-cv :95-cv :95-cv-12680) (eaf) (Entered: 01/21/1998) 01/28/ Motion by Diane Weisburgh for conditional certification of a settlement class, filed. (eaf) (Entered: 03/03/1998) 01/28/ Memorandum by Diane Weisburgh in support of [74-1] motion for conditional certification of a settlement class, filed. (eaf) (Entered: 03/03/1998) 01/28/ Affidavit of David A. Forman of Diane Weisburgh, re: [74-1] motion for conditional certification of a settlement class, filed. (eaf) (Entered: 03/03/1998) 01/28/ Affidavit of Harold P. Short, Jr. Diane Weisburgh, re: [74-1] motion for conditional certification of a settlement class, filed. (eaf) (Entered: 03/03/1998) 01/28/ Memorandum by Diane Weisburgh in support of [74-1] motion for conditional certification of a settlement class, filed. (eaf) (Entered: 03/03/1998) 01/28/ Motion by Diane Weisburgh, Fidelity Magellan Fu, FMR Corp., Jeffrey Vinik for approval of settlement, filed. (eaf) (Entered: 03/03/1998) 01/28/ Memorandum by Fidelity Magellan Fu in support of [79-1] motion for approval of settlement, filed. (eaf) (Entered: 03/03/1998) 01/28/ Response to [79-1] motion for approval of settlement, filed. (eaf) (Entered: 03/03/1998) 01/29/1998 Status conference held re: settlement approval and dates to be inserted in the Order of approval of class settlement. (eaf) (Entered: 02/06/1998) 01/30/ Judge Richard G. Stearns. Order of Preliminary approval and procedures for final approval of settlement, entered. (eaf) (Entered: 03/03/1998)

12 01/30/ Judge Richard G. Stearns. Order entered granting [79-1] motion for approval of settlement, granting [74-1] motion for conditional certification of a settlement class. (eaf) (Entered: 03/03/1998) 02/19/ Report of Counsel for Class Plaintiffs demonstrating compliance with notice provisions of preliminary approval order dated 1/30/98. (eaf) (Entered: 03/03/1998) 03/05/1998 Judge Richard G. Stearns. Endorsed Order entered granting [85-1] motion for R. Angino to appear pro hac vice. (eaf) (Entered: 03/05/1998) 03/23/ Memorandum by Fidelity Magellan Fu, FMR Corp., Jeffrey Vinik in support of approval of settlement, filed. (eaf) (Entered: 03/24/1998) 03/23/ Motion by Diane Weisburgh for leave to file memo in excess of 20 pages, filed. (eaf) (Entered: 03/24/1998) 03/23/ Memorandum by Diane Weisburgh in support of [79-1] motion for approval of settlement, filed. (eaf) (Entered: 03/24/1998) 03/23/ Motion by Diane Weisburgh for attorney fees and reimbursement of expenses, filed. (eaf) (Entered: 03/24/1998) 03/23/ Affidavit of Gary E. Cantor, re: [89-1] motion for attorney fees and reimbursement of expenses, filed. (eaf) (Entered: 03/24/1998) 03/23/ Appendix/exhibits by Diane Weisburgh in support of [89-1] motion for attorney fees and reimbursement of expenses, filed. (eaf) (Entered: 03/24/1998) 03/24/1998 Judge Richard G. Stearns. Endorsed Order entered granting [87-1] motion for leave to file memo in excess of 20 pages.cc: all counsel of record. (eaf) (Entered: 03/24/1998) 03/31/ Judge Richard G. Stearns. Clerk's Notes: re: hearing on approval of settlement. No one appears to object. Court takes matter under advisement. (eaf) (Entered: 04/15/1998) 04/03/ Judge Richard G. Stearns. Order for mailing of supplemental notice, entered. (eaf) (Entered: 04/15/1998) 04/30/ Letter by James S. Dittmar dated: 4/30/98 to: Judge Stearns stating he feels no need to hold further hearing, filed. (eaf) (Entered: 05/01/1998) 04/30/ Supplemental Report of counsel for class plaintiffs demonstrating compliance with order for mailing of supplemental notice dated 4/3/98, filed. (eaf) (Entered: 05/01/1998) 05/14/ Revised exhibits by Diane Weisburgh, Fidelity Magellan Fu to the order approving settlement and final judgment,, filed. (eaf) (Entered: 05/15/1998) 06/05/ Judge Richard G. Stearns. Memorandum and Order entered. granting [89-1] motion for attorney fees and reimbursement of expenses "...The total award of attorney's fees and costs is $1,869, " cc: all counsel of record. (eaf) (Entered: 06/08/1998) 06/05/ Judge Richard G. Stearns. Order approving settlement and final judgment, entered.

13 cc: all counsel of record. (eaf) (Entered: 06/08/1998) 06/18/ Motion by Diane Weisburgh to amend [98-1] judgment and to reconsider the Court's memorandum and order and judgment granting portions of the petition of pltfs' counsel for an award of attorneys' fees and reimbursement of expenses, filed. (eaf) (Entered: 06/22/1998) 06/18/ Memorandum by Diane Weisburgh in support of [99-1] motion to amend [98-1] judgment and to reconsider the Court's memorandum and order and judgment granting portions of the petition of pltfs' counsel for an award of attorneys' fees and reimbursement of expenses, filed. (eaf) (Entered: 06/22/1998) 06/25/ Judge Richard G. Stearns. Order entered granting [99-1] motion to amend [98-1] judgment and to reconsider the Court's memorandum and order and judgment granting portions of the petition of pltfs' counsel for an award of attorneys' fees and reimbursement of expenses. "...In light of affidavit of John B. Torkelsen...the motion is ALLOWEED to the extent that an additional $124, will be awarded from the common fund to pltfs' attorneys as compensation for expenses incurred for expert witness services. In all other respects, motion is DENIED." cc: all counsel of record. (eaf) (Entered: 06/25/1998) 06/26/ Letter by Fidelity Magellan Fu by James S. Dittmar dated: 6/26/98 to: Judge Stearns re: in response to motion to amend filed. (eaf) (Entered: 07/08/1998) 07/02/1998 Judge Richard G. Stearns. Endorsement re: [102-1] remark."noted." cc: all counsel of record. (eaf) (Entered: 07/08/1998) 07/23/ Notice of appeal by Diane Weisburgh filed. Fee Status: p Fee Amount: $ Receipt #: 7974 Appeal record due on 8/22/98 (fmr) (Entered: 07/31/1998) 07/23/1998 Copy of Notice of Appeal mailed to all counsel of record. Transcript Notice and Order form provided to appellant's counsel. (fmr) (Entered: 07/31/1998) 08/13/1998 Notice of Docketing Record on Appeal from USCA re: [103-1] appeal, received. USCA NUMBER: (fmr) (Entered: 08/14/1998) 02/23/ Opinion of the Court of Appeals re: [103-1] appeal, entered. (lau) (Entered: 03/02/1999) 03/30/ Motion by Diane Weisburgh for status conference, filed. (eaf) (Entered: 03/30/1999) 03/30/ Mandate of US Court of Appeals re: [103-1] appeal vacating the decision of the district court and remanding the matter. (vah) (Entered: 03/30/1999) 03/30/1999 Record on appeal returned from U.S. Court of Appeals. (vah) (Entered: 03/30/1999) 04/01/ Judge Richard G. Stearns. Order entered denying [105-1] motion for status conference. "Pltf's shall submit a concise summary of any additional costs, with supporting receipts and, if not obvious, an explanation for the bill..." cc: all counsel of record. (eaf) (Entered: 04/02/1999) 06/25/ Judge Richard G. Stearns. Order re: reimbursement of expenses, entered. "On April 1, 1999, the court directed plaintiffs' counsel, consistent with the mandate of

14 the Court of Appeals, to submit a concise supported summary of any additional requested costs. To date, no additional submission has been received. If the court does not receive a response within the next ten days, the case will be terminated." cc: all counsel of record. [EOD Date 6/28/99] (eaf) (Entered: 06/28/1999) 07/01/ Motion by Diane Weisburgh for out of pocket expenses, filed. (eaf) (Entered: 07/07/1999) 07/01/ Memorandum by Diane Weisburgh in support of [109-1] motion for out of pocket expenses, filed. (eaf) (Entered: 07/07/1999) 07/08/ Judge Richard G. Stearns. Memorandum and Order entered. denying [109-1] motion for out of pocket expenses [EOD Date 7/9/99] "Counsel will be given twenty-one (21) days to resubmit the petition in a form that addresses the court's concerns. (It will not be necessary to resubmit the receipts, merely an explanantion of their connection to the needs of the litigation.) cc: all counsel of record. (eaf) (Entered: 07/09/1999) 07/26/ Letter by Sherrie R. Savett dated: 7/22/99 to: Judge Stearns re: reimbursement of tickets, filed. (eaf) (Entered: 07/26/1999) 07/29/ Supplemental Memorandum by Diane Weisburgh in support of [109-1] motion for out of pocket expenses, and in response to the Memorandum and Order of the Court dated 7/8/99, filed. (eaf) (Entered: 08/02/1999) 07/29/ Supplemental compendium of Affidavitis, re: [113-1] support memorandum, filed. (eaf) (Entered: 08/02/1999) 08/05/ Judge Richard G. Stearns. Second Memorandum and Order on petition of plaintiffs' counsel for an award of attys' fees and reimbursement of expenses, entered. "...Counsel will within fourteen (14) days submit a revised petition for costs (no supporting documents are necessary) calculated consistent with the above instructions (eliminating meals, commuting costs and excess photocopy charges)." cc: all counsel of record. [EOD Date 8/5/99] (eaf) (Entered: 08/05/1999) 08/19/ Supplemental Memorandum by Diane Weisburgh in support of [109-1] motion for out of pocket expenses and in response to the Order of the Court dated 8/5/99 (with attached supporting affidavits), filed. (eaf) (Entered: 08/19/1999) 08/19/1999 Closed flag. (vah) (Entered: 08/19/1999) 08/23/ Judge Richard G. Stearns. Order regarding reimbursement of expenses, entered. [EOD Date "...Thus, the revised petition for an award of reimbursement of expenses in the amount of $89, is ALLOWED." cc: all counsel of record. 8/24/99] (eaf) (Entered: 08/24/1999) 06/13/ Motion by Diane Weisburgh approving distribution of settlement funds to valid claimants, to allow late filed claims, to disallow rejected claims and to pay additional settlement administration costs, filed. (eaf) (Entered: 06/14/2000) 06/15/ Judge Richard G. Stearns. Order entered granting [118-1] motion approving distribution of settlement funds to valid claimants, to allow late filed claims, to disallow rejected claims and to pay additional settlement administration costs. [EOD Date 6/20/00] cc: all counsel of record. (eaf) (Entered: 06/20/2000)

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