United States District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:04-cv RC

Transcription

1 US District Court Civil Docket as of 6/11/2008 Retrieved from the court Wednesday, June 11, 2008 United States District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:04-cv RC In Re Entropin Inc Securities Litigation Assigned to: Magistrate Judge Rosalyn M. Chapman Demand: $16,000,000 Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 07/28/2004 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff W Douglas Moreland represented by Jim T Tice Catanzarite Law Offices 2331 W Lincoln Ave Anaheim, CA jtice@catanzarite.com Kenneth J Catanzarite Catanzarite Law Offices 2331 W Lincoln Ave Anaheim, CA kcatanzarite@catanzarite.com Laurence M Rosen Rosen Law Firm 350 Fifth Avenue, Suite 5508 New York, NY lrosen@rosenlegal.com Phillip Kim The Rosen Law Firm 350 Fifth Avenue, Suite 5508 New York, NY

2 Plaintiff David E Lewis represented by Jim T Tice Kenneth J Catanzarite Phillip Kim Plaintiff William A Gruenberg as an individual, as a general partner of Louis Co, a general partnership, as Trustee of the Gruenberg Family Trust represented by Jim T Tice Kenneth J Catanzarite Phillip Kim Plaintiff Edwin B Berrington individually and on behalf of all others similarly situated represented by Jim T Tice Kenneth J Catanzarite Phillip Kim

3 Plaintiff William Phillips represented by Jim T Tice Catanzarite Law Offices 2331 West Lincoln Ave Anaheim, CA jtice@catanzarite.com Phillip Kim Plaintiff Thomas Murphy represented by Jim T Tice Phillip Kim Plaintiff Bealing E Gibby represented by Jim T Tice Phillip Kim Plaintiff David Zallar represented by Jim T Tice Kenneth J Catanzarite

4 Catanzarite Law Offices 2331 West Lincoln Avenue Anaheim, CA V. Defendant Entropin Inc a corporation represented by James L Goldman Pircher Nichols & Meeks 1925 Century Park E, 17th Fl Los Angeles, CA Fax: jgoldman@pircher.com Katherine Clark Helzer Heller Ehrman White and McAuliffe 601 South Figueora Street, 40th Floor Los Angeles, CA TERMINATED: 02/03/2006 Paris Wynn Heller Ehrman White & McAuliffe 333 S. Hope Street, Suite 3900 Los Angeles, CA Robert B Hubbell Heller Ehrman White & McAuliffe 333 S. Hope Street, Suite 3900 Los Angeles, CA bmitchell@hewm.com Defendant

5 Higgins D Bailey an individual represented by Katherine Clark Helzer TERMINATED: 02/03/2006 Paris Wynn Robert B Hubbell Defendant Thomas G Tachovsky an individual represented by Katherine Clark Helzer TERMINATED: 02/03/2006 Paris Wynn Robert B Hubbell Date Filed # Docket Text 07/28/ COMPLAINT against defendants Higgins D Bailey, Entropin Inc, Thomas G Tachovsky.(Filing fee $ 150.) Jury Demanded., filed by plaintiffs Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland.(rrey, ) (Entered: 08/02/2004) 07/28/ Day Summons Issued re Complaint - (Discovery) 1 as to Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (rrey, ) (Entered: 08/03/2004) 07/28/ CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland. (rrey, ) (Entered: 08/03/2004) 10/12/ MEMORANDUM of points and authorities in support of defendants motion to dismiss

6 plaintiffs' complaint filed by defendants Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (bp, ) (Entered: 10/14/2004) 10/12/ REQUEST FOR JUDICIAL NOTICE filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (bp, ) (Entered: 10/14/2004) 10/12/ PROOF OF SERVICE filed by defendants Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. re 3 Memorandum in Support of Motion, 4 REQUEST FOR JUDICIAL NOTICE, was served on 10/12/04. (bp, ) (Entered: 10/14/2004) 10/13/ NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Ronald S.W. Lew ORDERING memorandum of points and authorities submitted by Defendants Higgins D Bailey, Entropin Inc, Thomas G Tachovsky received on 10/12/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 10/14/2004) 10/13/ NOTICE OF MOTION AND MOTION to appoint lead plaintiffs and for approval of lead plaintiffs' selection of counsel filed by plaintiffs' Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland. Motion set for hearing on 11/22/2004 at 09:00 AM before Honorable Ronald S.W. Lew. Lodged proposed order. (bp, ) (Entered: 10/18/2004) 10/13/ MEMORANDUM of Law in Support of MOTION for Order 7 filed by plaintiffs' Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland. (bp, ) (Entered: 10/18/2004) 10/13/ DECLARATION of Kenneth J. Catanzarite in support of MOTION for Order 7 filed by plaintiffs' Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland. (bp, ) (Entered: 10/18/2004) 10/13/ NOTICE OF MOTION AND MOTION to Dismiss plaintiffs' complaint for failure to state a claim pursuant to F.R.C.P 12(b)(6) filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. Motion set for hearing on 11/8/2004 at 09:00 AM before Honorable Ronald S.W. Lew. Lodged proposed order. (bp, ) (Entered: 10/18/2004) 10/13/ PROOF OF SERVICE filed by defendant Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. re 10 MOTION to Dismiss Case, was served on 10/13/04. (bp, ) (Entered: 10/18/2004) 10/13/ MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss Case 10 filed by defendants' Higgins D Bailey, Entropin Inc. (bp, ) (Entered: 10/18/2004) 10/13/ NOTICE OF MOTION re MOTION to Dismiss Case 10 filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (bp, ) (Entered: 10/19/2004) 10/20/ EX PARTE APPLICATION for Order Staying Defendants' Motion To Dismiss Pending Determination of Plaintiffs' Motion for Lead Plaintiff Designation and of Counsel for Lead Plaintiff; Identificaiton of and Notice to Opposing counsel filed by Plaintiffs. Lodged Proposed Order. (dt, ) (Entered: 10/21/2004) 10/21/ MEMORANDUM of Points and Authorities in Opposition to EX PARTE APPLICATION for Order 14 filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (bp, ) (Entered: 10/25/2004)

7 10/21/ DECLARATION of Paris A.Wynn in support of EX PARTE APPLICATION for Order 14 filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (bp, ) (Entered: 10/25/2004) 10/21/ PROOF OF SERVICE filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. re 15 MEMORANDUM in Opposition to Motion, 16 Declaration (Motion related), was served on 10/21/04. (bp, ) (Entered: 10/25/2004) 10/21/ PROOF OF SERVICE Executed by plaintiffs' Edwin B Berrington, William A Gruenberg, W Douglas Moreland, upon Entropin Inc served on 10/18/2004, answer due 11/7/2004. The Summons and Complaint were served by personal service, by federal and state statue boxes marked statute, upon Katherine C. Helzer, attorney. Due Dilligence declaration not attached. Original Summons returned. (bp, ) (Entered: 11/02/2004) 10/21/2004 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by plaintiffs' Edwin B Berrington, William A Gruenberg, W Douglas Moreland. upon Edwin B Berrington acknowledgment sent by Plaintiff on 9/24/2004, answer due 11/23/2004; William A Gruenberg acknowledgment sent by Plaintiff on 9/24/2000, answer due 11/23/2000; W Douglas Moreland acknowledgment sent by Plaintiff on 9/24/2004, answer due 11/23/2004. Acknowledgment of Service signed by Katherine C. Helzer, attorney. (bp, ) (Entered: 11/02/2004) 10/21/2004 PROOF OF SERVICE Executed by plaintiffs' Edwin B Berrington, William A Gruenberg, W Douglas Moreland, upon Higgins D Bailey served on 10/18/2004, answer due 11/7/2004. The Summons and Complaint were served by personal service, by federal and state statute boxes both marked statute, upon Katherine C. Helzer, attorney. Due Dilligence declaration not attached. Original Summons returned. (bp, ) (Entered: 11/02/2004) 10/21/2004 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by plaintiffs' Higgins D Bailey. upon Higgins D Bailey acknowledgment sent by Plaintiff on 9/24/2004, answer due 11/23/2004. Acknowledgment of Service signed by Katherine C. Helzer, attorney. (bp, ) (Entered: 11/02/2004) 10/21/2004 PROOF OF SERVICE Executed by plaintiffs' Edwin B Berrington, William A Gruenberg, W Douglas Moreland, upon Thomas G Tachovsky served on 10/18/2004, answer due 11/7/2004. The Summons and Complaint were served by personal service, by federal and state statute boxes both marked statute, upon Katherine C. Helzer, attorney. Due Dilligence declaration not attached. Original Summons returned. (bp, ) (Entered: 11/02/2004) 10/21/2004 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by plaintiffs' Edwin B Berrington, William A Gruenberg, W Douglas Moreland. upon Thomas G Tachovsky acknowledgment sent by Plaintiff on 9/24/2004, answer due 11/23/2004. Acknowledgment of Service signed by Katherine C. Helzer, attorney. (bp, ) (Entered: 11/02/2004) 10/25/ MEMORANDUM of Points and Authorities in Opposition to MOTION to Dismiss Case 10 filed by plaintiffs' Edwin B Berrington, William A Gruenberg, W Douglas Moreland. (bp, ) (Entered: 10/26/2004)

8 10/27/ ORDER on ex parte application for an order staying or strike defendants' rule 12(b)(6) motion to dismiss the complaint. It is Hereby Ordered that defendants' motion to dismiss plaintiffs' complaint for failure to state a claim pursuant to F.R.C.P. 12(b)(6) is continued to 12/6/04 at 9:00 a.m. by Judge Ronald S.W. Lew : (bp, ) (Entered: 10/27/2004) 10/27/ MOTION to Dismiss Case. Motion reset for hearing on 12/6/2004 at 09:00 AM before Honorable Ronald S.W. Lew. (bp, ) (Entered: 10/27/2004) 10/29/ NOTICE of entry of order on ex parte application re: defendants' motion under rule 12(b)(6) filed by plaintiffs' Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland. (bp, ) (Entered: 11/02/2004) 11/22/ MINUTES: Court and counsel confer. The cour GRANTS the motion to appoint lead plaintiffs and for approval of lead plaintiffs' selection of counsel. The court will modify and sign the proposed order. Judge Ronald S.W. Lew :Court Reporter: Sheri Kleeger. (bp, ) (Entered: 11/23/2004) 11/29/ ORDER RE: Designation of Lead plaintiff and Approval of Selection of Counsel for Lead Plaintiffs by Judge Ronald S.W. Lew. The above-captioned action and any actions hereafter consolidated shall be collectively referred to as "In re Entropin, Inc. Securities Litigation," Master File No. CV RSWL (CWx). Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u- 4(a)(3)(B), David A. Zallar, W. Douglas Moreland; David E. Lewis; Appointed Lead plaintiff for the class. (jp, ) (Entered: 11/30/2004) 11/29/ REPLY Brief in support of defendants' MOTION to Dismiss Case 10 filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (bp, ) (Entered: 12/02/2004) 11/29/ REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 10 filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. (bp, ) (Entered: 12/02/2004) 11/29/ PROOF OF SERVICE filed by defendants' Higgins D Bailey, Entropin Inc, Thomas G Tachovsky. re 24 Reply (Motion related), 25 Request for Judicial Notice, Request for Relief, was served on 10/21/04. (bp, ) (Entered: 12/02/2004) 12/02/ NOTICE of entry of order re: designation of lead plaintiffs and approval of counsel for lead plaintiffs filed by plaintiffs' Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland. (bp, ) (Entered: 12/06/2004) 12/03/ First AMENDED COMPLAINT against defendants Higgins D Bailey, Entropin Inc, David E Lewis, Thomas G Tachovsky amending Complaint - (Discovery) 1 ; Jury Demand,filed by plaintiffs William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, William A Gruenberg, David E Lewis, W Douglas Moreland (bp, ) (Entered: 12/09/2004) 12/15/ JOINTS STIPULATION AND ORDER Granting Parties Leave to File Memoranda of Points and Authorities in excess of twenty-five pages that Plaintiff shall have leave to file a Memorandum of Points and Authorties in excess of twenty-five (25) pages, but not to exceed thirty-five (35) pages, in support of their Opposition to Defendants Motion to Dismiss the First Amended Complaint; and Defendants shall have leave to

9 file a Memorandum of Points and Authorities in excess of twenty-five (25) pages, but not to exceed thirty-five (35) pages, in support of their Motion to Dismiss the First Amended Complaint; and ; and good cause appearing for permitting the parties to exceed the Local Rule 11-6 limitation as to lenght, the Court hereby grants the stipulation. IT IS SO ORDERED by Judge Ronald S.W. Lew. (jp, ) (Entered: 12/17/2004) 12/16/ AMENDED ORDER by Judge Ronald S.W. Lew that Defendants shall have leave to file a Memorandum of Points and Authorities in excess of twenty-five (25) pages, but not to exceed thirty-five (35) pages, in suppor tof their Motion to Dismiss the First Amended Complaint; and Plaintiff shall have leave to file a Memorandum of Points and Authorties in excess of twenty-five (25) pages, but not to exceed thirty-five (35) pages, in support of their Opposition to Defendants Motion to Dismiss the First Amended Complaint; and good cause appearing for permitting the parties to exceed the Local Rule 11-6 limitation as to lenght, the Court hereby grants the stipulation. IT IS SO ORDERED. (jp, ) (Entered: 12/17/2004) 12/21/ JOINT STIPULATION AND ORDER by Judge Ronald S.W. Lew that defendants shall have until and including 1/3/2005 to file and serve a moitioin to dismiss the action pursuant to FRCP 12, plus whatever time is required for served other than by personal service on plaintiffs counsel; The hearing on the MOTION 10 shall be 1/24/2005, pursuant to notice; That plaintiffs Opposition to the motion shall be filed and served not later than 1/10/2005; and Defendants Reply in suppor tof the motion shall be filed and served not later than 1/17/2005.(jp, ) (Entered: 12/22/2004) 01/03/ NOTICE OF MOTION AND MOTION to Dismiss first amended complaint filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. Motion set for hearing on 1/24/2005 at 09:00 AM before Honorable Ronald S.W. Lew. (bp, ) (Entered: 01/05/2005) 01/03/ MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss Case 32 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 01/05/2005) 01/03/ DECLARATION of Katherine C. Helzer in support of MOTION to Dismiss Case 32 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 01/05/2005) 01/03/ REQUEST FOR JUDICIAL NOTICE in support of MOTION to Dismiss Case 32 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (PART ONE) (bp, ) (Entered: 01/05/2005) 01/03/ REQUEST FOR JUDICIAL NOTICE in support of MOTION to Dismiss Case 32 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (PART TWO) (bp, ) (Entered: 01/05/2005) 01/03/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. re MOTION to Dismiss Case 32, Memorandum in Support of Motion 33, Declaration (Motion related) 34, Motion Related Document 35, Motion Related Document 36, was served on 1/3/05. (bp, ) (Entered: 01/05/2005) 01/10/ MEMORANDUM of Law in Opposition to MOTION to Dismiss Case 32 filed by lead plaintiffs and the class, William Phillips, Thomas Murphy, Bealing E Gibby,

10 David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. (sv) (Entered: 01/14/2005) 01/10/ REQUEST FOR JUDICIAL NOTICE filed by plaintiffs, William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. Request set for hearing on 1/24/2005 at 09:00 AM before Honorable Ronald S.W. Lew. (sv) (Entered: 01/14/2005) 01/10/ NOTICE OF OBJECTION filed by Plaintiffs William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg to request for judicial notice re motion to dismiss first amended complaint. (sv) (Entered: 01/14/2005) 01/11/ NOTICE OF ERRATA filed by Plaintiffs William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg re opposition to motion to dismiss firlst amended complaint.(sv) (Entered: 01/14/2005) 01/18/ REPLY to plaintiffs' objections to defendants Request for Judicial Notice, Request for Relief 25 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 01/20/2005) 01/18/ REPLY Brief in support of MOTION to Dismiss Case 32 filed by defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 01/20/2005) 01/18/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. re Reply (Motion related) 42, Reply (Motion related) 43, was served on 1/18/04. (bp, ) (Entered: 01/20/2005) 01/18/ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 32 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 01/20/2005) 01/19/ NOTICE OF ERRATA filed by Defendants Entropin, Inc., Higgins D. Bailey and Thomas G. Tachovsky to Declaration of Paris A. Wynn in Support of Defendants' Supplemental Request for Judicial Notice 45. (gk, ) (Entered: 01/20/2005) 01/24/ MINUTES: Defendan's Entropin, Inc., Higgins D. Bailey, and Thomas G. Tachovsky's motion to dismiss plaintiffs' first amended complaint for violation of federal securities law is granted as to the first and second causes of action, and denied as to the third cause of action. Plaintiff has twenty (20) days leave to amend the complaint as to the third cause of action. All requests for judicial notice are denied. Plaintiff shall submit a proposed order. Judge Ronald S.W. Lew :Court Reporter: Sheri Kleeger. (bp, ). (Entered: 01/26/2005) 01/31/ MINUTES: Defendant's Entropin, Inc., Higgins D. Bailey, and Thomas G. Tachovsky's motion to dismiss plaintiffs' first amended complaint for violation of federal securities law is DENIED as to the first and second cause of action, and GRANTED as to the third cause of action. Plaintiff has twenty (20) days leave to amend the complaint as to the third cause of action. All requests for judicial notice are denied. Plaintiff shall submit a proposed order. Judge Ronald S.W. Lew : Court Reporter: Not present. (bp, ) (Entered: 02/01/2005) 02/01/2005 NOTICE OF CLERICAL ERROR: Due to clerical error Re: In Chambers

11 Order/Directive - no proceeding held,, 48. The document entitled amended civil minutes-general filed on 1/31/05, document number 48 was erroneously also assigned number 49. (bp, ) (Entered: 02/01/2005) 02/07/ ORDER that the motion to dismiss the first and second claims for relief to the first amended complaint is denied; that the motion to dismiss the third claim for relief is granted, with leave to amend; and that plaintiffs shall have 20 days from 1/24/05 to file and serve a second amended complaint as to the third claim for relief. It is further Ordered that if plaintiffs do not elect to further amend the complaint, defendants' answer to the first amended complaint shall be filed and served not more than ten calendar day after the time for amending has elapsed by Judge Ronald S.W. Lew,(bp, ) (Entered: 02/08/2005) 02/24/ STIPULATION AND ORDER that defendants shall have an additional thirteen (13) calendar days to file their answer to plaintifs' first amended complaint. Defendants shall file their answer to plaintiffs' first amended complaint on or before 3/9/05 by Judge Ronald S.W. Lew :(bp, ) (Entered: 02/25/2005) 03/07/ NOTICE OF MOTION AND MOTION for Summary Judgment filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. Motion set for hearing on 3/28/2005 at 09:00 AM before Honorable Ronald S.W. Lew. Lodged proposed order. (bp, ) (Entered: 03/09/2005) 03/07/ MEMORANDUM of Points and Authorities in Support of MOTION for Summary Judgment 52 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 03/09/2005) 03/07/ DECLARATION of Kyle R. Gehrmann in support of MOTION for Summary Judgment 52 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 03/09/2005) 03/07/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. re Declaration (Motion related) 54, MOTION for Summary Judgment 52, Memorandum in Support of Motion 53, was served on 3/7/05. (bp, ) (Entered: 03/09/2005) 03/07/ NOTICE of Interested Parties filed by Defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 03/09/2005) 03/08/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. re Declaration (Motion related) 54, Proof of Service (subsequent documents) 55, Certificate of Interested Parties 56, MOTION for Summary Judgment 52, Memorandum in Support of Motion 53, was served on 3/7/05. (bp, ) (Entered: 03/11/2005) 03/09/ ANSWER to First Amended Complaint, 28 filed by defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky.(bp, ) (Entered: 03/10/2005) 03/09/ STIPULATION AND ORDER that the hearing on defendants' motion for summary judgment is continued to 4/11/05 at 9:00 a.m. by Judge Ronald S.W. Lew 52. (bp, ) (Entered: 03/11/2005) 03/15/ MINUTES OF IN CHAMBERS ORDER by Judge Ronald S.W. Lew: The above matter is set for a Scheduling Conference on MAY 23, 2005, at 9:00 A.M. The

12 conference will be held pursuant to FRCP 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference and report to the Court not later than 14 days after they confer as required by FRCP 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Court Reporter: None. (kd) (Entered: 03/15/2005) 03/18/ NOTICE of scheduling conference filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/23/2005) 03/28/ MEMORANDUM of law in Opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ SEPARATE OF DISPUTED AND UNDISPUTED MATERIAL FACTS IN OPPOSITION TO MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of Meir Statman re: opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of Thomas Murphy in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of David Zallar in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of William Phillips in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of plaintiffs' in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of David E. Lewis in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of Bealin E. Gibby in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of Jim Travis Tice re: opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/28/ DECLARATION of Laurence Rosen in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 03/29/2005) 03/31/ NOTICE of lodging re: declaration of W. Douglas Moreland in opposition to motion for summary judgment filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 04/05/2005) 03/31/ NOTICE OF LODGING re: declaration of David Zallar in opposition to MOTION for Summary Judgment 52 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 04/05/2005) 04/04/ REPLY Bried in support of MOTION for Summary Judgment 52 filed by defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 04/06/2005)

13 04/04/ DECLARATION of Paris A. Wynn in support of MOTION for Summary Judgment 52 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 04/06/2005) 04/04/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. re Reply (Motion related) 75, Declaration (Motion related) 76, was served on 4/4/05. (bp, ) (Entered: 04/06/2005) 04/11/ MINUTES before Judge Ronald S.W. Lew: MOTION (Non-Evidentiary). Court and counsel confer. The Court DENIES Defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky MOTION for Summary Judgment 52. Plaintiff counsel shall submit a proposed order for this Court pursuant to Local Rule Court Reporter: Sheri Kleeger. (jp, ) (Entered: 04/12/2005) 04/11/2005 ORDER denying 52 Motion for Summary Judgment (pursuant to Minute Order, document number 78). (jp, ) (Entered: 04/12/2005) 04/11/2005 PLACED IN FILE - NOT USED re defendants' submitted by defendants' Entropin Inc. (bp, ) (Entered: 04/13/2005) 04/11/2005 PLACED IN FILE - NOT USED re Statement of uncontroverted facts and conclusions of law submitted by defendants' Entropin Inc. (bp, ) (Entered: 04/13/2005) 04/14/ NOTICE of Pendency of Other Actions or Proceeding(s) filed by Plaintiffs William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. Related Case(s): United States District Court, County of Denver, Colorado. Case number 05CV1898 (rn, ) (Entered: 04/20/2005) 05/03/ ORDER Denying defendants' motion for summary judgment by Judge Ronald S.W. Lew,(bp, ) (Entered: 05/04/2005) 05/16/ JOINT REPORT Rule 26(f) Discovery Plan filed; (bp, ) (Entered: 05/17/2005) 05/23/ ORDER by Judge Ronald S.W. Lew, case ordered to Attorney Settlement Officer Panel for a Local Rule settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference.(bp, ) (Entered: 05/24/2005) 05/23/ MINUTES: IN CHAMBERS ORDER by Judge Ronald S.W. Lew: Discovery cut-off 1/31/2006. Motion filing cut-off 3/13/2006. Jury Trial set for 6/20/ :00 AM before Honorable Ronald S.W. Lew. Pretrial Conference set for 5/22/ :00 AM before Honorable Ronald S.W. Lew.Court Reporter: Sheri Kleeger. (bp, ) (Entered: 05/24/2005) 06/01/ STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Hon. John Leo Wagner, retired may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer.(bp, ) (Entered: 06/06/2005) 06/03/ STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Hon. John Leo Wagner, retired may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer.(bp, ) (Entered: 06/07/2005)

14 09/16/ NOTICE OF MOTION AND MOTION for Class Certification and to appoitn class representatives filed by lead plaintiffs' William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. Motion set for hearing on 10/24/2005 at 09:00 AM before Honorable Ronald S.W. Lew. (bp, ) (Entered: 09/19/2005) 09/16/ DECLARATION of W.Douglas Moreland in support of MOTION to Certify Class 86 filed by plaintiffs' W Douglas Moreland. (bp, ) (Entered: 09/19/2005) 09/16/ MEMORANDUM of Law in Support of MOTION to Certify Class 86 filed by lead plaintiffs' W Douglas Moreland. (bp, ) (Entered: 09/19/2005) 09/16/ DECLARATION of David Lewis in support of MOTION to Certify Class 86 filed by lead plaintiffs W Douglas Moreland. (bp, ) (Entered: 09/19/2005) 09/16/ DECLARATION of Thomas Murphy in support of MOTION to Certify Class 86 filed by plaintiffs' W Douglas Moreland. (bp, ) (Entered: 09/19/2005) 09/16/ DECLARATION of Edwin Berrington in support of MOTION to Certify Class 86 filed by lead plaintiffs' W Douglas Moreland. (bp, ) (Entered: 09/19/2005) 09/16/ DECLARATION of David Zallar in support of MOTION to Certify Class 86 filed by lead plaintiffs' W Douglas Moreland. (bp, ) (Entered: 09/19/2005) 09/16/ DECLARATION of Jim Travis in support of MOTION to Certify Class 86 filed by lead plaintiffs' W Douglas Moreland. (bp, ) (Entered: 09/19/2005) 10/03/ STIPULATION AND ORDER approved by Judge Ronald S.W. Lew: MOTION to Certify Class 86 continued to 12/12/2005, 9 am. Defendant's opposition due no later than 11/28/2005. Plaintiffs' reply brief due no later than 12/5/2005. (kd) (Entered: 10/04/2005) 10/03/ NOTICE OF MOTION AND MOTION for Order for to withdraw as lead plaintiffs and to be appointed class representatives filed by plaintiffs' Bealing E Gibby, William A Gruenberg. Motion set for hearing on 11/14/2005 at 09:00 AM before Honorable Ronald S.W. Lew. Lodged lodged proposed order. (bp, ) (Entered: 10/05/2005) 10/31/ NOTICE OF NON-OPPOSITION to Plaintiffs MOTION to withdraw as lead plaintiffs 95 filed by defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (jp, ) (Entered: 11/01/2005) 11/09/ DECLARATION of Jim Travis Tice RE MOTION for Order for to withdraw as lead plaintiffs and to be appointed class representatives 95 filed by plaintiffs' William A Gruenberg. (bp, ) (Entered: 11/14/2005) 11/14/2005 PLACED IN FILE - NOT USED re proposed order granting motion of William A. Gruenberg and Bealin E. Gibby to withdraw as lead plaintiffs and as applicants for class representative designation submitted by plaintiffs William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. (pbap, ) (Entered: 11/15/2005) 11/14/ NOTICE of change of address as follows: Heller Ehrman, 333 S. Hope Street, Suite 3900, Los Angeles, CA filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 11/16/2005)

15 11/14/ MINUTES: Court and counsel confer. The court GRANTS lead plaintiff's motion to withdraw Bealin E. Gibby and William A. Guenberg as lead plaintiffs and to be appointed class representatives (filed 10/3/05). The court will sign the proposed order by Judge Ronald S.W. Lew : Court Reporter: Sheri Kleeger. (bp, ) (Entered: 11/17/2005) 11/16/ STIPULATION AND ORDER by Judge Ronald S.W. Lew : The hearing on lead plaintiffs' motion for class certification be and the same is hereby continued from 12/12/05 at 9:00 a.m. to 1/23/06 at 9:00 a.m. 86. Honorable Ronald S.W. Lew.(bp, ) (Entered: 11/17/2005) 11/16/ ORDER that the motion of Bealin E. Gibby and William A. Grunenberg for permission to withdraw as lead plaintiffs and further to withdraw their application for appointment as class representative, is granted by Judge Ronald S.W. Lew : 95 (bp, ) (Entered: 11/17/2005) 01/09/ MEMORANDUM of Points and Authorities in Opposition to MOTION to Certify Class 86 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 01/10/2006) 01/09/ DECLARATION of Paris A. Wynn in support of opposition to MOTION to Certify Class 86 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 01/10/2006) 01/09/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky, re MEMORANDUM in Opposition to Motion 102, Declaration (Motion related) 103, was served on 1/9/06. (bp, ) (Entered: 01/10/2006) 01/10/ NOTICE OF ERRATA filed by Defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. correcting MEMORANDUM in Opposition to Motion 102 (bp, ) (Entered: 01/13/2006) 01/11/ NOTICE OF ERRATA filed by Defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. correcting MEMORANDUM in Opposition to Motion 102 (bp, ) (Entered: 01/13/2006) 01/13/ REPLY in support of MOTION for Class Certification 86 filed by plaintiffs William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. (jp, ) (Entered: 01/18/2006) 01/13/ DECLARATION of JIM TRAVIS TICE Regarding Reply in support of MOTION for Class Certification 86 filed by plaintiffs William Phillips, Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. (jp, ) (Entered: 01/18/2006) 01/23/ MINUTES OF Motion Hearing held before Judge Ronald S.W. Lew: The Court GRANTS MOTION to Certify Class 86. Plaintiff counsel is to submit a proposed order for this Court. Court Reporter: Sheri Kleeger. (kd) (Entered: 01/24/2006) 02/09/ IT IS HEREBY ORDERED THAT: This cause is hereby certified as a class action as to all claims and defenses at issue in the First Amended Complaint. W. Douglas Moreland, David E. Lewis, Edwin B. Berrington, David Zallar, and Thomas Murphy are appointed as the class reprsentatives for the class by Judge Ronald S.W. Lew,(bp, ) (Entered: 02/10/2006)

16 03/10/ NOTICE OF MOTION AND MOTION for Summary Judgment on loss causation filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. Motion set for hearing on 4/3/2006 at 09:00 AM before Judge Ronald S.W. Lew. Lodged proposed statement, judgment. (bp, ) (Entered: 03/13/2006) 03/10/ MEMORANDUM of Points and Authorities in Support of MOTION for Summary Judgment 111 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 03/13/2006) 03/10/ DECLARATION of William H. Forman in support of MOTION for Summary Judgment 111 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 03/13/2006) 03/10/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky, re MOTION for Summary Judgment 111, Memorandum in Support of Motion 112, Declaration (Motion related) 113, was served on 3/10/06. (bp, ) (Entered: 03/13/2006) 03/14/ JOINT STIPULATION AND ORDER RE: THE PARTIES JOINT STIPULATION FOR AN EXTENSION OF TIME TO MAKE EXPERT WITNESS DISCLOSURE that 1) In accordance with Rule 26(a)(2), the Parties must disclose their expert witnesses by 4/12/2006; 2) The parties must serve their rebuttal evidence within thirty (30) days of 4/12/2006. IT IS SO ORDERED by Judge Ronald S.W. Lew. (jp, ) (Entered: 03/15/2006) 03/22/ STIPULATION AND ORDER by Judge Ronald S.W. Lew : 111.Continuing defendants' motion for summary judgment to 4/24/2006 at 09:00 AM before Judge Ronald S.W. Lew.(bp, ) (Entered: 03/22/2006) 03/24/ STIPULATION AND ORDER that the court will hear plaintiffs' motion to stay 4/3/06 at 9:00 a.m., on shortened notice, that defendants will file an electronically serve any opposition not later than 3/27/06 and that plaintiffs will file and electronically serve a reply not later than 3/29/06 by Judge Ronald S.W. Lew :(bp, ) (Entered: 03/24/2006) 03/24/ NOTICE OF MOTION AND MOTION to Stay Action filed by plaintiffs' Edwin B Berrington. Motion set for hearing on 4/3/2006 at 09:00 AM before Judge Ronald S.W. Lew. (bp, ) (Entered: 03/27/2006) 03/27/ DEFENDANT'S MEMORANDUM OF POINTS AND Authorities in Opposition to MOTION to Stay Case 118 filed by Defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (yl, ) (Entered: 03/28/2006) 03/27/ DECLARATION of PARIS A. WYNN In Support of Defendant's Memorandum of Points and Authorities in Opposition to MOTION to Stay Case 118 filed by Defendants Entropin Inc, Higgins D Bailey and Thomas G Tachovsky. (yl, ) (Entered: 03/28/2006) 03/27/ PROOF OF SERVICE filed by Defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky, the Defendant's Memorandum of Points and Authorities in Opposition to Motion to Stay, etc (see document for details) was served on 3/27/2006. (yl, ) (Entered: 03/28/2006) 03/28/ MINUTES OF IN CHAMBERS ORDER by Judge Ronald S.W. Lew: On the Court's own motion, Plaintiff's Motion to Stay Case 118 is taken UNDER SUBMISSION. No

17 appearances are necessary on April 3, The Courts order will issue.court Reporter: Not Present. (kd) (Entered: 03/28/2006) 03/28/ STIPULATION AND ORDER that the parties shall disclose their expert witnesses in accordance with rule 26(a)(2) not later than 4/19/06 and that the parties shall serve their expert witness rebuttal disclosures not later than 5/29/06 by Judge Ronald S.W. Lew :(bp, ) (Entered: 03/29/2006) 03/29/ REPLY IN SUPPORT OF MOTION to Stay Case 118 filed by plaintiffs W Douglas Moreland. (bp, ) (Entered: 03/30/2006) 04/10/ MEMORANDUM of Law in Opposition to MOTION for Summary Judgment 111 filed by lead plaintiffs Edwin B Berrington. (bp, ) (Entered: 04/11/2006) 04/10/ DECLARATION of Frank C. Torchio re: opposition to MOTION for Summary Judgment 111 filed by lead plaintiffs' Edwin B Berrington. (bp, ) (Entered: 04/11/2006) 04/10/ RESPONSE to defendants' statement of undisputed material facts and separate statement of undisputed and disputed material facts in opposition to defendants' MOTION for Summary Judgment 111 filed by lead plaintiffs' Edwin B Berrington. (bp, ) (Entered: 04/11/2006) 04/10/ DECLARATION of Jim Travis Tice for plaintiffs requesting judicial notice re: opposition to defendants' motion for summary judgment; supporting memorandum of points and authorities re MOTION for Summary Judgment 111 filed by lead plaintiffs and the class Edwin B Berrington. (bp, ) (Entered: 04/13/2006) 04/17/ REPLY IN SUPPORT OF MOTION for Summary Judgment 111 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 04/20/2006) 04/17/ REPLY to plaintiff's response to statement of undisputed material facts, and to plaintiffs' separate statement of undisputed and disputed material facts re MOTION for Summary Judgment 111 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 04/20/2006) 04/17/ OBJECTIONS to the declaration of Frank C. Torchio filed by Defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 04/20/2006) 04/17/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky, re Reply (Motion related) 129, Reply (Motion related), Reply (Motion related) 130, Objections - non-motion 131, was served on 4/17/06. (bp, ) (Entered: 04/20/2006) 04/24/ MINUTES: The court DENIES defendant's Entropin, Inc., Higgins D. Bailey, and Thomas G. Tachovsky's motion for summary judgment on Loss Causation. Request for judicial notice is GRANTED. Court overrules defendant's objection to Frank Torchio. Plaintiff counsel is to submit a proposed order for this court pursuant to local rule Judge Ronald S.W. Lew :Court Reporter: Sheri Kleeger. (bp, ) (Entered: 04/28/2006) 04/26/ ORDER Denying motion to stay by Judge Ronald S.W. Lew, 118 (bp, ) (Entered: 04/26/2006)

18 04/28/ STIPULATION AND ORDER that the parites' compliance with pre-trial conference filings due 5/1/06 is extended and including 5/8/06 by Judge Ronald S.W. Lew :(bp, ) (Entered: 05/01/2006) 05/03/2006 PLACED IN FILE - NOT USED re judgment submitted by defendants' Entropin Inc. (bp, ) (Entered: 05/10/2006) 05/04/ STIPULATION AND ORDER that the final pretrial conference shall be continued to 6/26/06, at 11:00 a.m. The jury trial date shall be continued to 7/25/06 at 9:00 a.m. by Judge Ronald S.W. Lew.(bp, ) (Entered: 05/04/2006) 05/04/ IT IS THEREFORE ORDERED that defendants' motion for summary judgment on loss causation is denied by Judge Ronald S.W. Lew,(bp, ) (Entered: 05/04/2006) 05/23/ AFFIDAVIT of mailing of notice and publication of summary notice and receipt of requests for exclusion filed by Plaintiff Edwin B Berrington (bp, ) (Entered: 05/24/2006) 05/23/ NOTICE of association of counsel for plaintiffs: Plaintiffs give notice that Laurence Rosen, esq., enter his appearance in this action as additional counsel for plaintiffs and the class filed by plaintiffs' W Douglas Moreland. (bp, ) (Entered: 05/30/2006) 05/24/ APPLICATION for attorney Phillip Kim to Appear Pro Hac Vice. FEE paid. filed by plaintiffs' William Phillips, Thomas Murphy, Bealing E Gibby, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg. Lodged proposed order. (bp, ) (Entered: 05/26/2006) 05/30/ NOTICE of filing corrected PSLRA certification forms filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 06/01/2006) 06/05/ Witness List filed by plaintiffs' Edwin B Berrington.. (bp, ) (Entered: 06/06/2006) 06/05/ Trial Witness List filed by defendants' Entropin Inc.. (bp, ) (Entered: 06/06/2006) 06/05/ MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants' Entropin Inc.. (bp, ) (Entered: 06/06/2006) 06/06/ APPLICATION AND ORDER, for good cause shown and without opposition by adverse parties, the court grants the application and permits plaintiffs to file a memorandum of contentions of fact and law in excess of local rule 11-6's 25 page limit by Judge Ronald S.W. Lew,(bp, ) (Entered: 06/06/2006) 06/06/ JOINT APPLICATION AND ORDER that the parties shall have to and including 6/7/06 to lodge the joint exhibit list for trial by Judge Ronald S.W. Lew :(bp, ) (Entered: 06/06/2006) 06/06/ MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiffs' Edwin B Berrington.. (bp, ) (Entered: 06/08/2006) 06/06/ APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Phillip Kim as counsel for Plaintiffs Thomas Murphy, Bealing E Gibby, David Zallar, Edwin B Berrington, W Douglas Moreland, David E Lewis, William A Gruenberg, Approved by Judge Carla Woehrle.(bp, ) (Entered: 06/08/2006) 06/07/ Parties Trial Exhibit List. (bp, ) (Entered: 06/09/2006)

19 06/20/ MINUTES OF IN CHAMBERS ORDER held before Judge Ronald S.W. Lew: On the Court's own motion, the Final Pretrial Conference is continued from June 26, 2006, to July 3, 2006, at 11:00 a.m. Court Reporter: Not Present. (kd) (Entered: 06/20/2006) 06/20/ STIPULATION AND ORDER that the tender of the proposed pre-trial order one day is accpeted and that counsel are granted the requested relief from the requirement of local rule by Judge Ronald S.W. Lew :(bp, ) (Entered: 06/21/2006) 06/30/ NOTICE OF MOTION AND MOTION IN LIMINE to Exclude evidence of rescissory damages filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. Motion set for hearing on 7/24/2006 at 09:00 AM before Judge Ronald S.W. Lew.(bp, ) (Entered: 07/05/2006) 06/30/ DECLARATION of William H. Forman in support of MOTION IN LIMINE to Exclude evidence of rescissory damages 153 filed by defendants' Entropin Inc, Higgins D Bailey. (bp, ) (Entered: 07/05/2006) 06/30/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, re MOTION IN LIMINE to Exclude evidence of rescissory damages 153, Declaration (Motion related) 154, was served on 6/30/06. (bp, ) (Entered: 07/05/2006) 06/30/ NOTICE OF MOTION AND MOTION IN LIMINE to Exclude testimony of Meir Statman filed by defendants' Entropin Inc, Higgins D Bailey. Motion set for hearing on 7/24/2006 at 09:00 AM before Judge Ronald S.W. Lew. Lodged proposed order.(bp, ) (Entered: 07/05/2006) 06/30/ DECLARATION of Leo D. Caseria in support of MOTION IN LIMINE to Exclude testimony of Meir Statman 156 filed by defendants' Entropin Inc, Higgins D Bailey. (bp, ) (Entered: 07/05/2006) 06/30/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, re Proof of Service (subsequent documents) 155, was served on 6/30/06. (bp, ) (Entered: 07/05/2006) 06/30/ EX PARTE APPLICATION to Continue the trial date filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 07/12/2006) 06/30/ DECLARATION of Robert B. Hubbell in support of EX PARTE APPLICATION to Continue the trial date 159 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 07/12/2006) 06/30/ DECLARATION of Paris Wynn in support of EX PARTE APPLICATION to Continue the trial date 159 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 07/12/2006) 06/30/ DECLARATION of Thomas Tachovsky in support of EX PARTE APPLICATION to Continue the trial date 159 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 07/12/2006) 06/30/ DECLARATION of Higgins Bailey in support of EX PARTE APPLICATION to Continue the trial date 159 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 07/12/2006) 06/30/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G

20 Tachovsky, re EX PARTE APPLICATION to Continue the trial date 159, Declaration (Motion related) 160, Declaration (Motion related) 161, Declaration (Motion related) 162, Declaration (Motion related) 163, was served on 6/29/06. (bp, ) (Entered: 07/12/2006) 06/30/ NOTICE OF MOTION AND MOTION IN LIMINE to Exclude certain testimony of Steven Brown, evidence produced by Steven Brown, and any testimony relying on Mr. Steven Brown's testimony and evidence filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. Motion set for hearing on 7/24/2006 at 09:00 AM before Judge Ronald S.W. Lew.(bp, ) (Entered: 07/12/2006) 06/30/ DECLARATION of Paris Wynn in support of MOTION IN LIMINE to Exclude certain testimony of Steven Brown, evidence produced by Steven Brown, and any testimony relying on Mr. Steven Brown's testimony and evidence 165 filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 07/12/2006) 06/30/ PROOF OF SERVICE filed by defendants' Entropin Inc, Higgins D Bailey, Thomas G Tachovsky, re MOTION IN LIMINE to Exclude certain testimony of Steven Brown, evidence produced by Steven Brown, and any testimony relying on Mr. Steven Brown's testimony and evidence 165, Declaration (Motion related), Declaration (Motion related) 166, was served on 6/29/06. (bp, ) (Entered: 07/12/2006) 06/30/ OPPOSITION to EX PARTE APPLICATION to Continue the trial date 159 filed by plaintiffs' Edwin B Berrington. (bp, ) (Entered: 07/12/2006) 07/03/ MINUTES: The ex parte application for continuance of trial is GRANTED. The court sets the following dates: Discovery cut-off 9/15/06. Motion filing cut-off 9/15/06. Final Pretrial Conference 12/11/067 at 11:00 a.m. Jury Trial 1/9/07 at 9:00 a.m. Counsel to submit stipulation and order to withdraw any pending motions in limine. Pretrial Conference Order lodged on 6/20/06 is PLACED IN FILE NOT USED. Mandatory settlement conference is to be held by agreement of parties. Judge Ronald S.W. Lew.Court Reporter: Sandra Becerra. (bp, ) (Entered: 07/05/2006) 07/03/2006 PLACED IN FILE - NOT USED re pre-trial conference order submitted by plaintiffs' W Douglas Moreland. (bp, ) (Entered: 07/12/2006) 07/27/ Notice of Withdrawal of MOTION to Dismiss Case 32, MOTION IN LIMINE to Exclude evidence of rescissory damages 153, MOTION for Summary Judgment 52, MOTION for Summary Judgment 111, MOTION IN LIMINE to Exclude certain testimony of Steven Brown, evidence produced by Steven Brown, and any testimony relying on Mr. Steven Brown's testimony and evidence 165, Notice of Motion 13, MOTION IN LIMINE to Exclude testimony of Meir Statman 156 filed by defendants Entropin Inc, Higgins D Bailey, Thomas G Tachovsky. (klg, ) (Entered: 07/31/2006) 08/09/ NOTICE of rentention of Pircher, Nichols & Meeks as counsel for Entropin for Entropin, Inc., filed by defendant Entropin Inc. (bp, ) (Entered: 08/23/2006) 08/15/ STIPULATION AND ORDER: Defendant Entropin has decided to retain new and separate counsel from defendant Higgins D. Bailey and Thomas G. Tachovsky. Specifically, Entropin has decided to retain the firm of Pircher, Nichols & Meeks, which will file an appearance concurrently withthis submission by Judge Ronald S.W. Lew :(bp, ) (Entered: 08/16/2006)

21 09/11/ EX PARTE APPLICATION to Continue motion cut-off date filed by defendants Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 09/14/2006) 09/11/ DECLARATION of Paris Wynn in support of defendants' EX PARTE APPLICATION to Continue motion cut-off date 172 filed by defendants' Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 09/14/2006) 09/13/ ORDER that the motion cut-off date shall be extended thirty (30) days to 10/15/06 by Judge Ronald S.W. Lew, re EX PARTE APPLICATION to Continue motion cut-off date 172 (bp, ) (Entered: 09/14/2006) 09/20/ ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 224. Case randomly reassigned from Judge Ronald S.W. Lew to Judge George P. Schiavelli for all further proceedings. The case number will now reflect the initials of the transferee Judge CV GPS (CWx).(rn, ) (Entered: 09/20/2006) 09/28/ MINUTES: This action has been reassigned to the Honorable George P. Schiavelli. The pretrial and trial dates set by Judge Lew are hereby vacated. A status and trial setting conference is set on 11/6/06 at 11:00 a.m. The parties are ORDERED to file a joint report, not later than 10/27/06, setting forth the current posture of the case, as well as a suggested schedule of the case. Judge George P. Schiavelli :, Set Deadlines/Hearings: Status Conference set for 11/6/ :00 AM before Judge George P. Schiavelli.Court Reporter: Not present. (bp, ) (Entered: 09/29/2006) 10/17/ STIPULATION AND ORDER that the status and trial setting conference shall be continued from 11/6/06 to 11/13/06 by Judge George P. Schiavelli.(bp, ) (Entered: 10/18/2006) 10/23/ STIPULATION AND ORDER that the individual defendants shall have until 11/6/06 to file their summary judgment motion by Judge George P. Schiavelli :(bp, ) (Entered: 10/24/2006) 11/03/ JOINT STATUS REPORT filed by Plaintiff Edwin B Berrington. (bp, ) (Entered: 11/13/2006) 11/06/ NOTICE OF MOTION AND MOTION for Summary Judgment filed by defendants' Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 11/07/2006) 11/06/ MEMORANDUM of Points and Authorities in Support of MOTION for Summary Judgment 179 filed by defendants' Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 11/07/2006) 11/06/ DECLARATION of Paris A. Wynn in support of MOTION for Summary Judgment 179 filed by defendants' Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 11/07/2006) 11/06/ DECLARATION of Thomas G. Tachovsky in support of MOTION for Summary Judgment 179 filed by defendants' Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 11/07/2006) 11/06/ DECLARATION of Higgins D. Bailey in support of MOTION for Summary Judgment 179 filed by defendants' Higgins D Bailey, Thomas G Tachovsky. (bp, ) (Entered: 11/07/2006)