U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:04-cv LDW-AKT

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1 US District Court Civil Docket as of 09/12/2006 Retrieved from the court on Thursday, October 12, 2006 U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:04-cv LDW-AKT The Louisiana Municipal Police Employees' Retirement System et al v. Deloitte & Touche Assigned to: Senior-Judge Leonard D. Wexler Referred to: Magistrate-Judge A. Kathleen Tomlinson Cause: 15:78m(a) Securities Exchange Act Date Filed: 02/12/2004 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question Plaintiff The Louisiana Municipal Police Employees' Retirement System represented by Daniel Lawrence Berger Bernstein, Litowitz, Berger & Grossman, 1285 Avenue of the Americas New York, NY Fax: Niki L Mendoza Bernstein Litowitz Berger & Grossman Suite High Bluff Drive San Diego, CA US Fax: nikim@blbglaw.com Robert Gans Bernstein, Litowitz, Berger & Grossmann, High Bluff Drive Suite 300 San Diego, CA Fax: robert@blbglaw.com

2 Russell F.A. Riviere Bernstein, Litowitz, Berger & Grossman Suite High Bluff Drive San Diego, CA US Fax: Victoria Odette Wilheim Bernstein Litowitz Berger & Grossman 1285 Avenue of the Americas New York, NY Fax: Jeffrey C. Block Berman DeValerio Pease Tabacco Burt,etal One Liberty Square 8th Floor Boston, MA (617) Fax: (617) Plaintiff The Louisiana Sheriff's Pension & Relief Fund represented by Daniel Lawrence Berger Niki L Mendoza Robert Gans

3 Victoria Odette Wilheim Jeffrey C. Block Russell F.A. Riviere Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust individually and on behalf of all others similarly situated represented by Daniel Lawrence Berger Robert Gans Victoria Odette Wilheim Jeffrey C. Block Niki L Mendoza Bernstein Litowitz Berger & Grossman High Bluff Drive San Diego, CA US Fax: nikim@blbglaw.com Russell F.A. Riviere

4 V. Defendant Deloitte & Touche represented by Samuel Kadet Skadden, Arps, Slate, Meagher & Flom Four Times Square New York, NY (212) Fax: (917) Gregory Alan Litt Skadden Arps Slate Meagher & Flom Four Times Square New York, NY Fax: Joseph N. Sacca Skadden, Arps, Slate, Meagher & Flom Four Times Square New York, NY Fax: James William Brown Skadden, Arps, Slate, Meagher & Flom Four Times Square New York, NY Fax: Intervenor USAO-EDNY United States represented by Craig Steven Warkol

5 United States Attorneys Office 156 Pierrepont Street Brooklyn, NY Fax: Date Filed # Docket Text 02/12/ COMPLAINT Summons Issued against Deloitte & Touche filing fee $ 150, receipt number , filed by City of Miami General Employees' & Sanitation Employees' Retirement Trust, The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund. (Attachments: # 1 Civil Cover Sheet)(Romano, Daniel) (Entered: 03/04/2004) 02/12/ Case set to ECF status. All civil actions before this Judge are ECF matters. It is MANDATORY that you file all original documents electronically and forward a hard copy, labeled courtesy copy, to chambers. Please refer to the Judge's Individual Rules. From this point forward, original documents are REQUIRED to be filed electronically. The Judges' Individual Rules of Chambers and further information on ECF may be found at the website for the Eastern District of New York at (Romano, Daniel) (Entered: 03/05/2004) 03/04/ Notice of Related Case Assignment forwarded to chambers with complaint attached.(romano, Daniel) (Entered: 03/05/2004) 03/29/ Summons Issued as to Deloitte & Touche. (Montero, Edher) (Entered: 04/06/2004) 04/06/ SUMMONS Returned Executed by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund. Deloitte & Touche served on 3/29/2004, answer due 4/19/2004. (Montero, Edher) (Entered: 04/15/2004) 04/19/ Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Deloitte & Touche. (Attachments: # 1 Exhibit Plaintiffs' Signature Page)(Brown, James) (Entered: 04/19/2004) 04/20/ ORDER re 6 Consent MOTION for Extension of Time to File Answer re 1 Complaint, filed by Deloitte & Touche.So Ordered. Signed by Judge Leonard D. Wexler on 04/20/2004. (Ausili, Peter) (Entered: 04/20/2004) 05/03/ Letter application by Samuel Kadet on behalf of deft dtd. 4/30/04 to Judge Wexler requesting a pre-motion in order to seek permission to file a motion to dismiss the complaint. (Montero, Edher) (Entered: 05/06/2004) 05/25/ Letter from Daniel L. Berger on behalf of plaintiffs dtd. 5/24/04 to Judge Wexler in response to Deloitte's 4/30/04 letter seeking leave to file a motion to dismiss the

6 Class Action Complaint for Violations of Federal Securities Law. (Montero, Edher) (Entered: 05/28/2004) 07/02/ Letter from Samuel Kadet on behalf of deft dtd. 7/1/04 to Judge Wexler giving the court and plaintiffs notice of additional ground upon which D&T intends to rely in their motion to dismiss. (Montero, Edher) (Entered: 07/08/2004) 08/19/ MOTION to Dismiss the Complaint by Deloitte & Touche. (Attachments: # 1 Certificate of Service)(Brown, James) Modified on 9/24/2004 (Montero, Edher). Modified on 9/24/2004 (Montero, Edher). (Entered: 08/19/2004) 08/19/ MEMORANDUM OF LAW in Support re 11 MOTION to Dismiss the Complaint filed by Deloitte & Touche. (Attachments: # 1 Certificate of Service)(Brown, James) Modified on 9/24/2004 (Montero, Edher). (Entered: 08/19/2004) 08/20/ MEMORANDUM OF LAW in Opposition re 11 MOTION to Dismiss the Complaint filed by all plaintiffs. (Berger, Daniel) Modified on 9/24/2004 (Montero, Edher). (Entered: 08/20/2004) 08/27/ REPLY MEMORANDUM OF LAW in further Support of the 11 MOTION to Dismiss the Complaint by Deloitte & Touche. (Attachments: # 1 Certificate of Service)(Brown, James) Modified on 9/24/2004 (Montero, Edher). (Entered: 08/27/2004) 01/18/ MOTION to Withdraw Appearance of Michael T. Matraia by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Block, Jeffrey) (Entered: 01/18/2005) 01/18/ AFFIDAVIT of Michael T. Matraia in Support of Motion to Withdraw Appearance by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Block, Jeffrey) (Entered: 01/18/2005) 02/07/ Minute Entry for proceedings held before James Orenstein : Initial Conference Hearing held on 2/7/2005. The next status conference will be held on June 16, 2005, at 9:30 a.m. A further status conference will be held on September 16, 2005, at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: I will enter a separate case management and scheduling order that sets forth deadlines for the first phase of discovery, as discussed at the conference. In that regard, the parties will submit, by February 14, 2005, a list (by name or categorical description) of potential witnesses whose depositions are to be completed by the date of the second conference scheduled above absent good cause to stay such depositions in light of the pendency of the related criminal proceedings. (Orenstein, James) (Entered: 02/07/2005) 02/07/ SCHEDULING ORDER: Submission of deponent list for first phase of discovery due by: February 14, First Request for Production of Documents or Request for Interrogatories due by: March 14, Deadline for Joinder of Additional Parties: May 9, Deadline for Amendment of Pleadings: May 9, Status Conference: June 16, 2005, at 9:30 a.m. First phase of fact discovery to be completed by: September 16, Status Conference: September 16, 2005, at 10:30 a.m. Deadlines for completion of fact discovery, expert disclosures, starting

7 the dispositive motion process, and submission of a joint pretrial order; and date of the final pretrial conference: To be determined. Signed by Judge James Orenstein on February 7, (Orenstein, James) (Entered: 02/07/2005) 02/09/ ORDER denying 11 Motion to Dismiss the Class Action Complaint. Signed by JudgeLeonard D. Wexler on 2/9/05. cm (Mierzejewski, Elizabeth) (Entered: 02/11/2005) 02/10/2005 Case reassigned to Judge James Orenstein. Judge Michael L. Orenstein no longer assigned to the case. (Bowens, Priscilla) (Entered: 02/15/2005) 02/11/ NOTICE of Appearance by Victoria Odette Wilheim on behalf of all plaintiffs (Wilheim, Victoria) (Entered: 02/11/2005) 02/14/ Letter from Daniel L Berger to US Magistrate Judge Hon. James Orenstein Regarding List of categories of deponents for first phase of discovery. (Wilheim, Victoria) (Entered: 02/14/2005) 02/14/ Letter from Samuel Kadet to US Magistrate Judge Hon. James Orenstein Regarding List of Categories of Deponents For First Phase of Discovery. (Kadet, Samuel) (Entered: 02/14/2005) 02/15/ Letter from Daniel L. Berger to Hon James Orenstein Regarding Joint Stipulation Regarding Discovery. (Berger, Daniel) (Entered: 02/15/2005) 02/15/ STIPULATION Joint Stipulation and Order Regarding Partial Stay of Discovery by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: # 1)(Berger, Daniel) (Entered: 02/15/2005) 02/15/ NOTICE of Appearance by Gregory Alan Litt on behalf of Deloitte & Touche (Litt, Gregory) (Entered: 02/15/2005) 02/15/ Letter from Samuel Kadet to Magistrate Judge Hon. James Orenstein Regarding Mr. Berger's letter filed with the court today. (Litt, Gregory) (Entered: 02/15/2005) 02/24/2005 ENDORSED ORDER on 24 Stipulation, --- The stipulation is SO ORDERED. Signed by Judge James Orenstein on February 24, (Rivner, Asher) (Entered: 02/24/2005) 02/24/ STIPULATION Joint Stipulation and Order Regarding Time for Filing Defendant's Answer by Deloitte & Touche. (Sacca, Joseph) (Entered: 02/24/2005) 02/27/2005 ENDORSED ORDER on 27 Stipulation filed by Deloitte & Touche --- Stipulation SO ORDERED. Signed by Judge James Orenstein on February 25, (Rivner, Asher) (Entered: 02/27/2005) 03/28/ Defendant Deloitte & Touche 's ANSWER to Complaint With Affirmative Defenses by Deloitte & Touche.(Kadet, Samuel) (Entered: 03/28/2005) 05/31/ MOTION for Discovery of Third Party KPMG's Documents by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees'

8 Retirement Trust. (Attachments: # 1 Exhibit # 2 Exhibit)(Berger, Daniel) (Entered: 05/31/2005) 06/03/ Letter from Andrew J. Levander to Hon. James Orenstein Regarding letter seeking approval for extension of time (with consent of plaintiffs) to respond to plaintiffs' letter seeking production of certain documents from KPMG. (Levander, Andrew) (Entered: 06/03/2005) 06/03/ STIPULATION Re: Confidentiality by Deloitte & Touche, The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Litt, Gregory) (Entered: 06/03/2005) 06/06/2005 ENDORSED ORDER on 30 Letter --- SO ORDERED. Signed by Judge James Orenstein on June 6, (Rivner, Asher) (Entered: 06/06/2005) 06/07/2005 ENDORSED ORDER on 31 Stipulation --- Stipulation SO ORDERED. Signed by Judge James Orenstein on June 7, (Rivner, Asher) (Entered: 06/07/2005) 06/10/ Letter from Andrew J. Levander to Hon. James Orenstein Regarding response in Opposition to Plaintiffs' letter seeking production of certain documents from KPMG. (Levander, Andrew) (Entered: 06/10/2005) 06/15/ Letter from Daniel L Berger to Magistrate Judge James Orenstein Regarding Request for Adjournment. (Berger, Daniel) (Entered: 06/15/2005) 06/15/2005 ENDORSED ORDER on 33 Letter --- The status conference scheduled for June 16, 2005 is CANCELLED. Approved by Judge James Orenstein on June 15, (Rivner, Asher) (Entered: 06/15/2005) 06/21/ Letter MOTION to Intervene and Stay Discovery by United States. (Warkol, Craig) (Entered: 06/21/2005) 06/24/ RESPONSE in Opposition re 34 Letter MOTION to Intervene and Stay Discovery filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Berger, Daniel) (Entered: 06/24/2005) 07/08/ REPLY to Response to Motion re 34 Letter MOTION to Intervene and Stay Discovery filed by United States. (Levine, Matthew) (Entered: 07/08/2005) 07/13/ Minute Entry for proceedings held before James Orenstein : Status Conference held on 7/13/2005. SCHEDULING: The next status conference will be held on September 16, 2005, at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) On consent of the parties, the government's motion to intervene for the limited purpose of seeking a stay is GRANTED. (2) Pending further order, as discussed below, the government's motion for a stay of discovery is GRANTED. (3) With respect to deposition discovery, the stay will continue in effect until the government makes its production of witness statements pursuant to 18 U.S.C. Sec in the case of United States v. Jaeggi et al., CR (LDW), which production the government has committed to make one month before the start of trial. Trial is currently scheduled to begin on November 21, Once the government has produced witness statements in Jaeggi, the parties in this case may commence depositions subject to the following conditions: (a) The parties shall notify the government in writing at least 14 days before the date of any deposition.

9 (b) If the government makes a good-faith determination that the prospective deponent is likely to be a trial witness in Jaeggi, it shall so notify the parties to this case and the deposition will be stayed until the conclusion of the criminal trial without the need for further application to the court. (4) With respect to document discovery, counsel for the plaintiffs will submit by July 15, 2005, a proposed Amended Confidentiality Order that provides for the production of documents subject to a restriction that they may be viewed only by the parties' attorneys (excluding in-house counsel for any party). The government will submit a letter by July 20, 2005, setting forth its position as to whether the proposed order is sufficient to protect the government's interest in the criminal litigation or, if not, the authority on which the proposed order should be rejected. (Orenstein, James). Modified on 7/13/2005 (Dasaro, Michele). (Entered: 07/13/2005) 07/15/ AMENDED DOCUMENT by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. Amendment to 31 Stipulation,, Order Proposed Amendment to Confidentiality Stipulation and Order. (Berger, Daniel) (Entered: 07/15/2005) 07/19/ AMENDED DOCUMENT by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. Amendment to 38 Amended Document, [Proposed] Amendment to Confidentiality Stipulation and Order. (Berger, Daniel) (Entered: 07/19/2005) 07/21/ Letter from Samuel Kadet to Honorable James Orenstein Regarding Objection of Defendant Deloitte & Touche to the proposed amended Confidentiality Stipulation and Order submitted by Plaintiffs on July 19, (Kadet, Samuel) (Entered: 07/21/2005) 07/21/ Letter from Daniel L. Berger to Hon. James Orenstein Regarding Previously filed Letter Motions Concerning Production of Documents by KPMG. (Berger, Daniel) (Entered: 07/21/2005) 07/21/2005 ENDORSED ORDER on 40 Letter --- Defendant's objection to the [Proposed] Amendment to the Confidentiality Stipulation and Order, Docket Entry 38 and 39, is overruled. Approved by Judge James Orenstein on July 21, (Rivner, Asher) (Entered: 07/21/2005) 07/21/2005 ENDORSED ORDER on 39 Proposed Amendment to Confidentiality Stipulation and Order --- Pursuant to my July 13, 2005 order, Docket Entry 37, the government had until July 20, 2005 to submit a letter raising any objections to the proposed confidentiality stipulation. As of the close of business on July 21, 2005, no such letter has been submitted. Therefore, the amendment to the confidentiality stipulation is SO ORDERED. Signed by Judge James Orenstein on July 21, (Rivner, Asher) (Entered: 07/21/2005) 08/11/ TRANSCRIPT of Proceedings held on 7/13/05 before Judge James Orenstein. Court Transcriber: Writer's Cramp, Inc., 6 Norton Rd., Monmouth Jct., NJ (Montero, Edher) (Entered: 08/12/2005) 08/16/2005 ORDER granting 15 Motion to Withdraw 15 MOTION to Withdraw Appearance of Michael T. Matraia. Ordered by JudgeLeonard D. Wexler on 8/16/05. (Ausili,

10 Peter) (Entered: 08/16/2005) 09/13/ Letter from Daniel L. Berger to Hon. James Orenstein Regarding Discovery Status Update. (Berger, Daniel) (Entered: 09/13/2005) 09/13/2005 ORDER re 43 Letter -- The status conference scheduled for September 16, 2005 at 10:30 a.m. is cancelled.approved by Judge James Orenstein on 9/13/05. (Sunshine, Jason) (Entered: 09/13/2005) 12/07/ NOTICE of Appearance by Robert Gans on behalf of all plaintiffs (Gans, Robert) (Entered: 12/07/2005) 12/15/ NOTICE of Change by Robert Gans Notice of Change of Address (Gans, Robert) (Entered: 12/15/2005) 12/15/ Letter MOTION to Compel by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Gans, Robert) (Entered: 12/15/2005) 12/15/ Letter MOTION to Compel Interrogatory Responses by Deloitte & Touche. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Sacca, Joseph) (Entered: 12/15/2005) 12/20/ Letter MOTION to Compel Response to Deloitte's Letter Motion to Compel by all plaintiffs. (Attachments: # 1 Exhibit A)(Gans, Robert) (Entered: 12/20/2005) 12/28/2005 ORDER re 48,47, A conference to discuss parties' cross motions to compel discovery is scheduled for January 9, 2006, at 1:30 p.m.approved by Judge James Orenstein on 12/28/05. (Sunshine, Jason) (Entered: 12/28/2005) 01/05/ NOTICE of Appearance by Eric Todd Kanefsky on behalf of all plaintiffs (Kanefsky, Eric) (Entered: 01/05/2006) 01/09/ Minute Entry for proceedings held before James Orenstein : Status Conference held on 1/9/2006. SCHEDULING: The next status conference will be held on February 27, 2006, at 10:00 a.m. THE FOLLOWING RULINGS WERE MADE: (1) As set forth on the record, the plaintiffs' motions to compel were resolved as follows: (a) The defendant will provide audit work papers via a secure Internet portal in addition to producing them in hard copy and "TIFF" format. The application to compel production via disk including proprietary software is denied without prejudice to renewal upon a showing of specific problems resulting from the manner of production described above. (b) The defendant will produce the complete set of tables of contents for relevant manuals subject to the existing protective order. If any party seeks further production or protection it may make an appropriate application demonstrating the need for such relief. (c) The defendant will produce a generic description of items produced to the SEC but not otherwise responsive to the plaintiffs' requests for records. (d) The defendant will produce communications to or from the SEC that were either made during the relevant period or pertain to the Symbol audit during the relevant period. To the extent communications pertaining to Symbol made after the relevant period are excluded from production, the defendant will provide a generic description of such withheld communications. (2) The plaintiffs will answer the interrogatories at issue in the defendant's motion to compel based on information currently available. (Orenstein, James) (Entered: 01/09/2006)

11 01/09/2006 Motions terminated: 48 Letter MOTION to Compel 47 Letter MOTION to Compel 46 Letter MOTION to Compel, terminted as per minute entry on January 9, (Guy, Alicia) (Entered: 03/24/2006) 02/09/ PRO HAC VICE FILING FEE FOR Russell Riviere and Niki Mendoza: $ 50.00, receipt number , 2/9/06 (Barhome, Sydelle) (Entered: 02/16/2006) 02/09/ MOTION for Leave to Appear Pro Hac Vice Russell F.A. Riviere, with all supporting papers, by all plaintiffs. (Barhome, Sydelle) (Entered: 02/16/2006) 02/09/ MOTION for Leave to Appear Pro Hac Vice for Niki Mendoza, with all supporting papers by all plaintiffs. (Barhome, Sydelle) Modified on 2/16/2006 (Barhome, Sydelle). (Entered: 02/16/2006) 02/17/ ORDER granting 52 Motion for Leave to Appear, granting 53 Motion for Leave to Appear -- Attorneys Russell F.A. Riviere and Niki L. Mendoza are permitted to argue or try this case in whole or in part. By February 24, 2006, Mr. Riviere and Ms. Mendoza shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Riviere and Ms. Mendoza shall each file a notice of appearance and ensure that they receive electronic notification of activity in this case. Mr. Riviere and Ms. Mendoza have each submitted the $25 admission fee to the Clerk's Office (docket entry 54). (SEE ATTACHED DOCUMENT).Signed by Judge James Orenstein on 02/17/06. (Sunshine, Jason) (Entered: 02/17/2006) 02/21/ NOTICE of Appearance by Niki L Mendoza on behalf of all plaintiffs (Mendoza, Niki) (Entered: 02/21/2006) 02/21/ NOTICE of Appearance by Russell F.A. Riviere on behalf of all plaintiffs (Riviere, Russell) (Entered: 02/21/2006) 02/23/ Letter dated 2/23/06 from Joseph N. Sacca to Magistrate Judge Orenstein Proposing Postponement of the 2/27/06 Conference in light of the declared Mistrial in United States v. Jaeggi and the Conference Currently Scheduled in that case for 2/27/06 to Schedule a Retrial by Deloitte & Touche. (Attachments: # 1 Attachment 1# 2 Attachment 2)(Sacca, Joseph) (Entered: 02/23/2006) 02/23/ Letter dated 2/23/06 from Robert S. Gans Responding to Letter from Joseph N. Sacca Proposing Postponement of the 2/27/06 Conference by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Gans, Robert) (Entered: 02/23/2006) 02/24/2006 ORDER re 59 Letter, filed by City of Miami General Employees' & Sanitation Employees' Retirement Trust,, The Louisiana Municipal Police Employees' Retirement System,, The Louisiana Sheriff's Pension & Relief Fund,, 58 Letter, filed by Deloitte & Touche -- The conference previously scheduled for February 27, 2006, at 10:00 a.m. is rescheduled for March 7, 2006, at 1:30 p.m. The United States Attorney may send a representative to provide the government's views.approved by Judge James Orenstein on 02/24/06. (Sunshine, Jason) (Entered: 02/24/2006) 02/27/2006 ORDER The conference previously scheduled for March 7, 2006, at 1:30 p.m. is rescheduled to March 14, 2006 at 11:30 p.m.. Ordered by Judge A. Kathleen

12 Tomlinson on 2/27/06. (Jacobwitz, Beth) (Entered: 02/27/2006) 03/10/ STATUS REPORT Letter dated March 10, 2006, from Robert S. Gans by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Gans, Robert) (Entered: 03/10/2006) 03/10/ Letter Judge Tomlinson re Stay of Discovery by United States. (Warkol, Craig) (Entered: 03/10/2006) 03/13/ TRANSCRIPT of Proceedings held on January 9, 2006 before Judge James Orenstein. Court Reporter: Writer's Cramp. (Mierzejewski, Elizabeth) (Entered: 03/14/2006) 03/15/2006 Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 3/15/2006. All parties present as well as counsel for the United States. SCHEDULING: The next status conference will be held on April 24, 2006 at 11 a.m. RULINGS: Order issued. (Tomlinson, A.) (Entered: 03/15/2006) 03/15/ ORDER re: [3/14/06 Status Conference] (see Order attached). Ordered by Judge A. Kathleen Tomlinson on 3/15/06. (Tomlinson, A.) (Entered: 03/15/2006) 03/20/ Letter dated 3/20/06 from Robert S. Gans Regarding Status Update by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Gans, Robert) (Entered: 03/20/2006) 03/21/ STIPULATION Second Amendment to Confidentiality Stipulation and Order [Proposed] by Deloitte & Touche. (Attachments: # 1 Cover letter to Magistrate Judge Tomlinson, enclosing stipulation)(kadet, Samuel) (Entered: 03/21/2006) 03/21/ Letter dated March 21, 2006, from Samuel Kadet to Magistrate Judge Tomlinson, regarding discovery issues by Deloitte & Touche. (Kadet, Samuel) (Entered: 03/21/2006) 03/30/2006 Mag. Judge A. Kathleen Tomlinson added. Mag. Judge James Orenstein no longer assigned to case. (Capobianco, Jean) (Entered: 03/30/2006) 04/04/ STIPULATION (Revised Second Amendment to Confidentiality Stipulation and Order [Proposed]) by Deloitte & Touche. (Attachments: # 1 Cover letter to Magistrate Judge Tomlinson)(Kadet, Samuel) (Entered: 04/04/2006) 04/06/2006 ENDORSED ORDER re 67 Second Amendment to Confidentiality Stipulation and Order. The Second Amendment to the Confidentiality Stipulation And Order, which supercedes the July 21, 2005 Amendment to the Confidentiality Stipulation and Order, is SO ORDERED. Ordered by Judge A. Kathleen Tomlinson on 04/06/06. (Jacobwitz, Beth) (Entered: 04/06/2006) 04/21/ Letter dated April 21, 2006, from Samuel Kadet to Magistrate Judge Tomlinson, addressing the status of discovery in those areas not affected by the partial stay by Deloitte & Touche. (Attachments: # 1 Attachment)(Kadet, Samuel) (Entered: 04/21/2006)

13 04/21/ STATUS REPORT Letter dated April 21, 2006, from Robert S. Gans by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Gans, Robert) (Entered: 04/21/2006) 04/25/ Minute Entry and Order for proceedings held before A. Kathleen Tomlinson : Status Conference held on 4/25/2006. The next telephone conference will be held on June 27, 2006 at 10:00 a.m. THE FOLLOWING RULINGS WERE MADE: 1. Defendant's counsel has agreed to review the 30,000-40,000 pages of documents that were produced by Defendant to the Securities and Exchange Commission to determine if any of such documents are responsive to Plaintiffs' document requests. To the extent responsive documents are identified, they shall be produced by May 24, The parties are directed to confer regarding Defendant's objection to Plaintiffs' responses to interrogatories. If the parties cannot resolve their dispute on this issue, the matter is to be brought to my immediate attention so as not to delay the completion of discovery of matters not subject to the existing stay. 3. I am advised that the remaining issues raised by the parties' letters of April 21, 2006 have been resolved by the parties and do not require judicial intervention. Ordered by Magisrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered: 04/25/2006) 04/26/ Letter dated 4/26/06 from Robert S. Gans regarding discovery issues by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Gans, Robert) (Entered: 04/26/2006) 05/16/ Letter seeking to vacate April 25, 2006 Order in light of settlement progress by Deloitte & Touche. (Kadet, Samuel) (Entered: 05/16/2006) 05/17/2006 ORDER re 72 Letter filed by Deloitte & Touche. Based upon the parties' representations that the case has settled in principle, the deadlines set forth in my April 25, 2006 Order are stayed until the June 27, 2006 conference. Ordered by Judge A. Kathleen Tomlinson on 05/17/06. (Jacobwitz, Beth) (Entered: 05/17/2006) 05/31/ MOTION for Settlement NOTICE OF UNOPPOSED MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ENTRY OF ORDER PRELIMINARILY APPROVING SETTLEMENT AND SETTING SETTLEMENT FAIRNESS HEARING by all plaintiffs. (Berger, Max) (Entered: 05/31/2006) 05/31/ STIPULATION STIPULATION AND AGREEMENT OF SETTLEMENT BETWEEN LEAD PLAINTIFFS AND DELOITTE & TOUCHE by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit 1 to Exhibit A# 3 Exhibit Exhibit 2 to Exhibit A# 4 Exhibit Exhibit 3 to Exhibit A# 5 Exhibit Exhibit B# 6 Exhibit Exhibit C)(Berger, Max) (Entered: 05/31/2006) 06/09/ ORDER PRELIMINARILY APPROVING SETTLEMENT AND SETTING SETTLEMENT FAIRNESS HEARING.The Court preliminarily approves the

14 Settelemtn on the terms set forth in the stipulation, subject to further consideration at a hearing to be held before this Court on September 12, a.m. at the Long Island Courthouse, 100 Federal Plaza, Central Islip, NY.. Ordered by Judge Leonard D. Wexler on 6/9/06. (Mierzejewski, Elizabeth) (Entered: 06/14/2006) 06/19/ Letter from Samuel Kadet to the Honorable A. Kathleen Tomlinson by Deloitte & Touche. (Kadet, Samuel) (Entered: 06/19/2006) 06/20/2006 ORDER re 76 Letter filed by Deloitte & Touche. In light of the preliminary approval of the settlement in this action, the conference scheduled for June 27, 2006 is adjourned. Ordered by Judge A. Kathleen Tomlinson on 06/20/06. (Jacobwitz, Beth) (Entered: 06/20/2006) 08/21/ MOTION for Settlement Lead Plaintiffs' Notice Of Motion And Memorandum Of Law In Support Of Final Approval Of Class Action Settlement by all plaintiffs. (Attachments: # 1 Lead Plaintiffs' Notice Of Motion And Memorandum Of Law In Support Of Motion For An Award Of Attorneys' Fees And Reimbursement Of Expenses# 2 Joint Declaration Of Max W. Berger And Glen DeValerio In Support Of The Proposed Settlement And Application For An Award Of Attorneys' Fees And Reimbursement Of Expenses# 3 Joint Declaration Of Randall Roche, Ronald A. Silver And Osey McGee In Support Of Motion For Final Approval Of Class Action Settlement And For An Award Of Attorneys' Fees And Reimbursement Of Expenses# 4 Affidavit Of Anya Verkhovskaya# 5 Declaration Of Max W. Berger In Support Of Joint Petition For Attorneys' Fees And Reimbursement Of Expenses And Costs Filed On Behalf Of Bernstein Litowitz Berger & Grossmann # 6 Declaration Of Glen DeValerio In Support Of Petition For Attorneys' Fees And Reimbursement Of Expenses Filed On Behalf Of Berman DeValerio Pease Tabacco Burt & Pucillo# 7 [Proposed] Judgment# 8 [Proposed] Order Approving Award Of Attorneys' Fees And Reimbursement Of Expenses# 9 Certificate Of Service)(Gans, Robert) (Entered: 08/21/2006) 09/06/ AFFIDAVIT re 77 MOTION for Settlement Lead Plaintiffs' Notice Of Motion And Memorandum Of Law In Support Of Final Approval Of Class Action Settlement Supplemental Affidavit Of Anya Verkhovskaya Regarding Proposed Class Action Settlement by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Gans, Robert) (Entered: 09/06/2006) 09/06/ NOTICE by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust re 77 MOTION for Settlement Lead Plaintiffs' Notice Of Motion And Memorandum Of Law In Support Of Final Approval Of Class Action Settlement Amended [Proposed] Judgment (Gans, Robert) (Entered: 09/06/2006) 09/06/ NOTICE by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust re 77 MOTION for Settlement Lead Plaintiffs' Notice Of Motion And Memorandum Of Law In Support Of Final Approval Of Class Action Settlement Corrected Amended [Proposed] Judgment (Gans, Robert) (Entered: 09/06/2006)

15 09/08/ AFFIDAVIT re 77 MOTION for Settlement Lead Plaintiffs' Notice Of Motion And Memorandum Of Law In Support Of Final Approval Of Class Action Settlement Second Supplemental Affidavit Of Anya Verkhovskaya Regarding Proposed Class Action Settlement by The Louisiana Municipal Police Employees' Retirement System, The Louisiana Sheriff's Pension & Relief Fund, City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Gans, Robert) (Entered: 09/08/2006) 09/12/ JUDGMENT; The stipulation and the proposed settlement are hereby approved and shall be consummated in accordance with the terms and provisions of the stipulation. The Complaint, which the Court finds was filed in accordance with Rules of the Federal Rules of Civil Procedure, is hereby dismissed, with prejudice. (See Judgment for details). Ordered by Judge Leonard D. Wexler on 9/12/06. cm(mierzejewski, Elizabeth) (Entered: 09/21/2006) 09/12/ ORDER approving award of Attorney's Fees and reimbursement of expenses.. Ordered by Judge Leonard D. Wexler on 9/12/06. cm(mierzejewski, Elizabeth) (Entered: 09/21/2006) 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