U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv-00957

Transcription

1 US District Court Civil Docket as of 10/17/2001 Retrieved from the court on Tuesday, April 05, 2005 U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv Weld v. Stage Stores Inc, et al Assigned to: Judge Kenneth M. Hoyt Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff John C Weld, Jr On Behalf of Himself and all others Similarly Situated Date Filed: 03/30/1999 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by David E Sharp Beirne Maynard et al 1300 Post Oak Blvd Ste 2500 Houston, TX Fax: fax dsharp@bmpllp.com G Paul Howes Lerach Couglin Stoia et al LLP 401 B St Ste 1700 San Diego, CA James Robert Hail Lerach Couglin Stoia Geller LLP et al 9601 Wilshire Blvd Ste 510 Los Angeles, CA Kirk B Hulett Lerach Coughlin et al 401 B Street Ste 1700 San Diego, CA 92101

2 Roger B Greenberg Schwartz Junell et al 909 Fannin Ste 2000 Houston, TX Fax: fax rgreenberg@schwartz-junell.com V. Stage Stores Inc Fulbright & Jaworski 1301 McKinney Ste 5100 Houston, TX Fax: Carl Tooker Tyler International Beck Redden & Secrest 1221 McKinney Ste 4500 Houston, TX Fax: fax

3 Tyler Massachusetts L P Tyler Capital Fund L P BCIP Associates Bain Capital Inc Bain Venture Capital Acadia Partners L P represented by F Michael Stenglein Dewey Ballantine LLP 700 Louisiana Ste 1900 Houston, TX Fax: mstenglein@dbllp.com Acadia FW Partners L P represented by F Michael Stenglein

4 Acadia MGP Inc represented by F Michael Stenglein Oak Hill Partners Inc represented by F Michael Stenglein Sandra Bornstein Ernest R Cruse Rigo Hernandez Jerry C Ivie JoAnne Swartz

5 Mark Shulman Mel Ward Donald R Westbrook James Marcum Stephen Lovell Charles Sledge Adam Kirsch

6 Joshua Bekenstein Peter G Mulvihill represented by F Michael Stenglein Credit Suisse First Boston Mortgage Capital LLC represented by Robin C Gibbs Gibbs & Bruns 1100 Louisiana Ste 5300 Houston, TX Fax: Bear Stearns & Co Inc represented by Robin C Gibbs BCIP Trust Associates L P John D Donovan Ropes & Gray One International Pl 42nd Floor Boston, MA

7 Mark Szpak Attorney at Law One International Place Boston, MA Date Filed # Docket Text 03/30/ COMPLAINT filed; FILING FEE $ RECEIPT # (bchurchill) (Entered: 03/31/1999) 03/30/ Order setting Initial Pretrial and Scheduling Conference on 4:00 7/19/99 by telephone before Judge Kenneth M. Hoyt and Order to Disclose Interested Persons, filed. Party filing case notified. (bchurchill) (Entered: 03/31/1999) 03/31/1999 SUMMONS issued (28) (psmith) (Entered: 03/31/1999) 04/26/ MOTION to extend/enlarge time to answer or move by Credit Suisse First, Bear Stearns & Co, Motion Docket Date 5/16/99 [3-1] motion, filed. (fmremp) (Entered: 04/26/1999) 04/28/ ORDER granting [3-1] motion to extend/enlarge time to answer or move. Reset answer due for 6/9/99 for Bear Stearns & Co, for Credit Suisse First, for Peter G Mulvihill, for Joshua Bekenstein, for Adam Kirsch, for Charles Sledge, for Stephen Lovell, for James Marcum, for Donald R Westbrook, for Mel Ward, for Mark Shulman, for JoAnne Swartz, for Jerry C Ivie, for Rigo Hernandez, for Ernest R Cruse, for Sandra Bornstein, for Oak Hill Partners, for Acadia MGP Inc, for Acadia FW Partners, for Acadia Partners L P, for Bain Venture Capital, for Bain Capital Inc, for BCIP Associates, for Tyler Capital Fund, for Tyler Massachusetts, for Tyler International, for Carl Tooker, for Stage Stores Inc, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 04/28/1999) 04/30/ CERTIFICATE OF INTERESTED PARTIES by John C Weld Jr, filed. (hlerma) (Entered: 05/03/1999) 05/03/ UNOPPOSED MOTION to extend time to respond to complaint by Stage Stores Inc et al, Motion Docket Date 5/23/99 [6-1] motion, filed. (hlerma) (Entered: 05/04/1999) 05/04/ UNOPPOSED MOTION to extend time to respond to complaint by Stage Stores Inc, Carl Tooker, Jerry C Ivie, JoAnne Swartz, Stephen Lovell, Mark Shulman, Mel Ward, Donald R Westbrook, Sandra Bornstein, Ernest R Cruse, Rigo Hernandez, James Marcum, Charles Sledge, Adam Kirsch, Joshua Bekenstein, Peter G Mulvihill, Motion Docket Date 5/24/99 [7-1], filed. (hlerma) (Entered: 05/04/1999)

8 05/05/ ORDER granting [6-1] motion to extend time to respond to complaint set answer due for 6/9/99 for Stage Stores Inc, for Carl Tooker, for Jerry C Ivie, for JoAnne Swartz, for Stephen Lovell, for Mark Shulman, for Mel Ward, for Donald R Westbrook, for Sandra Bornstein, for Ernest R Cruse, for Rigo Hernandez, for James Marcum, for Charles Sledge, for Adam Kirsch, for Joshua Bekenstein, for Peter G Mulvihill, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 05/05/1999) 05/11/ ORDER Granting G. Paul Howes pursuant to L. R. 1, to appear pro hac vice entered. Parties ntfd. ( Signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 05/26/1999) 05/25/1999 Rec'd Proposed Motion & Order for Admission Pro Hac Vice, fwd to CRD. (hlerma) (Entered: 05/25/1999) 06/01/ Second Agreed MOTION to enlarge time to answer or move by Credit Suisse First, Bear Stearns & Co, Motion Docket Date 6/21/99 [10-1] motion, filed. (psmith) (Entered: 06/02/1999) 06/01/ MOTION to appoint the Stage Stores pltfs group as lead pltf and to approve selection of counsel by Stage Stores Inc, Motion Docket Date 6/21/99 [11-1] motion, filed. (psmith) (Entered: 06/02/1999) 06/03/ ORDER granting Defts [10-1] motion to enlarge time to answer or move. The answer date is extended to 7/9/99 for Credit Suisse First, for Bear Stearns & Co, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (psmith) (Entered: 06/03/1999) 06/07/1999 Rec'd Proposed Order for Admission Pro Hac Vice, as to James R. Hall for Mr. Weld. fwd to CRD. (hlerma) (Entered: 06/07/1999) 06/07/1999 Rec'd Proposed Order for Admission Pro Hav Vice as to Mr. Kirk B. Hulett for Mr. Weld. fwd to CRD. (hlerma) Modified on 06/07/1999 (Entered: 06/07/1999) 06/07/ ORDER Graning Kirk B. Hulett to appear pro hac vice pursuant to L. R. 1, as to Pltf Mr. Weld entered. Parties ntfd. ( Signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 06/09/1999) 06/09/ ORDER Granting James R Hail to appear pro hac vice pursuant to L. R. 1, as to Pltf Weld entered. Parties ntfd. ( Signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 06/09/1999) 06/09/ UNOPPOSED MOTION to extend time to respond/answer complaint, and for entry of a briefing schedule order by Stage Stores Inc, Motion Docket Date 6/29/99 [15-2] motion, filed. (hlerma) (Entered: 06/10/1999) 06/09/ SUPPLEMENT AND CORRECTION to [11-1] motion to appoint the Stage Stores pltfs group as lead pltf and to approve selection of by John C Weld Jr, filed. (hlerma) (Entered: 06/10/1999) 06/11/ ORDER granting [15-1] motion to extend time to respond/answer complaint and granting [15-2] motion for entry of a briefing schedule order. Set answer due for 7/13/99 for Bear Stearns & Co, for Credit Suisse First, for Peter G Mulvihill, for Joshua Bekenstein, for Adam Kirsch, for Charles Sledge, for Stephen Lovell, for

9 James Marcum, for Donald R Westbrook, for Mel Ward, for Mark Shulman, for JoAnne Swartz, for Jerry C Ivie, for Rigo Hernandez, for Ernest R Cruse, for Sandra Bornstein, for Oak Hill Partners, for Acadia MGP Inc, for Acadia FW Partners, for Acadia Partners L P, for Bain Venture Capital, for Bain Capital Inc, for BCIP Associates, for Tyler Capital Fund, for Tyler Massachusetts, for Tyler International, for Carl Tooker, for Stage Stores Inc. In the event that Defts file motions to dismiss, the Pltf shall be granted until 8/27/99 to file a response, and Defts shall be granted until 9/27/99 to file a reply. This Ct's Order of Conference and Disclosure of Interested Parties remains in effect, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 06/11/1999) 06/29/ ORDER granting [11-1] motion to appoint the Stage Stores pltfs group as lead pltf and to approve selection of counsel. Calvin Price, Stephen Diczok and Ray Lum are appointed Lead Pltfs for the Class; and the firms of Milberg Weiss Bershad Hynes & Lerach LLP and Finkelstein & Krinsk are appointed co-lead counsel for the class, and Greenberg, Peden, Siegmyer & Oshman, P.C. is appointed Liaision counsel., entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 06/30/1999) 06/30/ CERTIFICATE Of Interested Parties, by Credit Suisse First, filed. (psmith) (Entered: 07/01/1999) 07/08/ UNOPPOSED MOTION to extend time to move or respond to Plaintiff's Original Complaint by s Stage Stores Inc, etal Motion Docket Date 7/28/99 [20-1] motion, filed. (fmremp) (Entered: 07/09/1999) 07/09/ JOINT DISCOVERY/Case Management Plan by John C Weld Jr, Stage Stores Inc, Carl Tooker, Jerry C Ivie, JoAnne Swartz, Stephen Lovell, Mark Shulman, Mel Ward, Donald R Westbrook, Sandra Bornstein, Rigo Hernandez, Ernest R Cruse, James Marcum, Charles Sledge, Credit Suisse First, Bear Stearns & Co, Bain Capital Inc, Bain Venture Capital, Tyler International, Tyler Massachusetts, Tyler Capital Fund, BCIP Associates, Joshua Bekenstein, Adam Kirsch, Acadia Partners L P, Acadia FW Partners, Acadia MGP Inc, Oak Hill Partners, Peter G Mulvihill, filed. (fmremp) (Entered: 07/12/1999) 07/12/ ORDER granting [20-1] motion to extend time to move or respond to Plaintiff's Original Complaint reset answer due for 7/23/99 for Bear Stearns & Co, for Credit Suisse First, for Peter G Mulvihill, for Joshua Bekenstein, for Adam Kirsch, for Charles Sledge, for Stephen Lovell, for James Marcum, for Donald R Westbrook, for Mel Ward, for Mark Shulman, for JoAnne Swartz, for Jerry C Ivie, for Rigo Hernandez, for Ernest R Cruse, for Sandra Bornstein, for Oak Hill Partners, for Acadia MGP Inc, for Acadia FW Partners, for Acadia Partners L P, for Bain Venture Capital, for Bain Capital Inc, for BCIP Associates, for Tyler Capital Fund, for Tyler Massachusetts, for Tyler International, for Carl Tooker, for Stage Stores Inc, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 07/12/1999) 07/12/1999 Rec'd Proposed Order on s' Unopposed Motion for Extension; fwd to CRD (fmremp) (Entered: 07/12/1999) 07/15/ RETURN OF SERVICE executed as to Peter G Mulvihill 4/16/99 filed Answer due on 5/6/99 for Peter G Mulvihill (hlerma) (Entered: 07/15/1999)

10 07/15/ RETURN OF SERVICE executed as to Joshua Bekenstein 4/21/99 filed Answer due on 5/11/99 for Joshua Bekenstein (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Adam Kirsch 4/21/99 filed Answer due on 5/11/99 for Adam Kirsch (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Charles Sledge 4/14/99 filed Answer due on 5/4/99 for Charles Sledge (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Stephen Lovell 4/14/99 filed Answer due on 5/4/99 for Stephen Lovell (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Donald R Westbrook 4/14/99 filed Answer due on 5/4/99 for Donald R Westbrook (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to James Marcum 4/14/99 filed Answer due on 5/4/99 for James Marcum (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Mel Ward 4/14/99 filed Answer due on 5/4/99 for Mel Ward (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Mark Shulman 4/15/99 filed Answer due on 5/5/99 for Mark Shulman (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to JoAnne Swartz 4/14/99 filed Answer due on 5/4/99 for JoAnne Swartz (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Jerry C Ivie 4/14/99 filed Answer due on 5/4/99 for Jerry C Ivie (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Rigo Hernandez 4/14/99 filed Answer due on 5/4/99 for Rigo Hernandez (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Ernest R Cruse 4/14/99 filed Answer due on 5/4/99 for Ernest R Cruse (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Sandra Bornstein 4/14/99 filed Answer due on 5/4/99 for Sandra Bornstein (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Oak Hill Partners 4/16/99 filed Answer due on 5/6/99 for Oak Hill Partners (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Acadia MGP Inc 4/15/99 filed Answer due on 5/5/99 for Acadia MGP Inc (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Acadia FW Partners 4/15/99 filed Answer due on 5/5/99 for Acadia FW Partners (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Acadia Partners L P 4/15/99 filed Answer due on 5/5/99 for Acadia Partners L P (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Bain Venture Capital 4/15/99 filed Answer due on 5/5/99 for Bain Venture Capital (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Bain Capital Inc 4/15/99 filed Answer due on 5/5/99 for Bain Capital Inc (hlerma) (Entered: 07/15/1999)

11 07/15/ RETURN OF SERVICE executed as to BCIP Associates 4/20/99 filed Answer due on 5/10/99 for BCIP Associates (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Tyler Capital Fund 4/20/99 filed Answer due on 5/10/99 for Tyler Capital Fund (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to BCIP Associates 4/20/99 filed Answer due on 5/10/99 for BCIP Associates (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Tyler Massachusetts 4/20/99 filed Answer due on 5/10/99 for Tyler Massachusetts (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Tyler International 4/20/99 filed Answer due on 5/10/99 for Tyler International (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Carl Tooker 4/14/99 filed Answer due on 5/4/99 for Carl Tooker (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Stage Stores Inc 4/14/99 filed Answer due on 5/4/99 for Stage Stores Inc (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Credit Suisse First 4/14/99 filed Answer due on 5/4/99 for Credit Suisse First (hlerma) (Entered: 07/15/1999) 07/15/ RETURN OF SERVICE executed as to Bear Stearns & Co 4/13/99 filed Answer due on 5/3/99 for Bear Stearns & Co (hlerma) (Entered: 07/15/1999) 07/16/ ORDER, entered; Parties notified. Defts deadline to file motions in response or answer pltfs complaint is extended to July 23, In the event that Defts file motions to dismiss, pltfs to file a response by Sept 7, 1999 and Defts shall be granted until Oct 7, 1999 to reply. Court s Order of Conference remains in effect. ( signed by Judge Kenneth M. Hoyt ) (psmith) (Entered: 07/16/1999) 07/20/ ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE Apps: Godbold, harrell, Boundas, Nichols, Donovan, Stenglein, Danilow, Schiller, Osnato and Madden. The initial disclosure are due on or before 7/23/99, The deft shall file its motion to dismiss on or before 7/23/99, The pltf shall respond on or before 9/15/99. All discovery shall be suspended until after 9/15/99. entered; Parties notified. ( signed by Judge Kenneth M. ) (hlerma) (Entered: 07/21/1999) 07/23/ MOTION with memorandum in support to dismiss complaint by Acadia Partners L P, Acadia FW Partners, Acadia MGP Inc, Oak Hill Partners, Peter G Mulvihill, Motion Docket Date 8/12/99 [54-1] motion, filed (hlerma) (Entered: 07/23/1999) 07/23/ AFFIDAVIT by Acadia Partners L P, Acadia FW Partners, Acadia MGP Inc, Oak Hill Partners, Peter G Mulvihill Re: [54-1] motion to dismiss complaint, filed (in brown folder) (hlerma) (Entered: 07/23/1999) 07/23/ MOTION with memorandum in support to dismiss the complaint by Bain Capital Inc, Bain Venture Capital, Tyler International, Tyler Massachusetts, Tyler Capital Fund, BCIP Associates, Joshua Bekenstein, Adam Kirsch, Motion Docket Date 8/12/99 [56-1] motion, filed (hlerma) (Entered: 07/26/1999) 07/23/ MOTION to dismiss by Stage Stores Inc, Carl Tooker, Jerry C Ivie, JoAnne Swartz, Stephen Lovell, Mark Shulman, Mel Ward, Donald R Westbrook, Sandra

12 Bornstein, Ernest R Cruse, Rigo Hernandez, James Marcum, Charles Sledge, Motion Docket Date 8/12/99 [57-1] motion, filed. (in brown folder) (hlerma) (Entered: 07/26/1999) 07/26/ MOTION to dismiss by Credit Suisse First, Bear Stearns & Co, Motion Docket Date 8/15/99 [58-1] motion, filed. (hlerma) (Entered: 07/26/1999) 09/10/ UNOPPOSED MOTION to amend the Ct's July 20, 1999 Order by Stage Stores Inc, Motion Docket Date 9/30/99 [59-1] motion, filed. (hlerma) (Entered: 09/10/1999) 09/14/ ORDER granting [59-1] motion to amend the Ct's July 20, 1999 Order terminated deadlines, Response to motion reset to 9/17/99 for [58-1] motion to dismiss, reset to 9/17/99 for [54-1] motion to dismiss complaint, reset to 9/17/99 for [57-1] motion to dismiss, reset to 9/17/99 for [56-1] motion to dismiss the complaint, and Reply to Response to Motion set to 10/19/99 for [58-1] motion to dismiss, set to 10/19/99 for [54-1] motion to dismiss complaint, set to 10/19/99 for [57-1] motion to dismiss, set to 10/19/99 for [56-1] motion to dismiss the complaint, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 09/14/1999) 09/17/ PLTF'S OPPOSITION by John C Weld Jr to defts' various motions to dismiss; Acadia defts' [54-1] motion to dismiss complaint, The Bain defts' [56-1] motion to dismiss the complaint, The Stage Store defts' [57-1] motion to dismiss, defts Bear Sterns & Co inc and Credit Suisse First Boston's [58-1] motion to dismiss, filed. (ddarneille) (Entered: 09/17/1999) 09/17/ DECLARATION of G Paul Howes in support of pltf's [61-1] opposition to defts' motions to dismiss, filed. (ddarneille) (Entered: 09/17/1999) 10/19/ REPLY MEMORANDUM by Acadia Partners L P, Acadia FW Partners, Acadia MGP Inc in support of [54-1] motion to dismiss complaint, filed (hlerma) (Entered: 10/19/1999) 10/19/ REPLY BRIEF by Bear Stearns & Co, Credit Suisse First Boston in support of their [58-1] motion to dismiss, filed. (ltien) (Entered: 10/19/1999) 10/19/ REPLY by Stage Stores Inc, Carl Tooker, Jerry C Ivie, JoAnne Swartz, Mark Shulman, Mel Ward, Donald R Westbrook, Sandra Bornstein, Ernest R Cruse, Rigo Hernandez, James Marcum, Charles Sledge to response to [58-1] motion to dismiss, [54-1] motion to dismiss complaint, [57-1] motion to dismiss, [56-1] motion to dismiss the complaint, filed (hlerma) (Entered: 10/20/1999) 10/20/ REPLY MEMORANDUM by Tyler International, Tyler Massachusetts, Tyler Capital Fund, BCIP Associates, Bain Capital Inc, Bain Venture Capital, Joshua Bekenstein in support of [56-1] motion to dismiss the complaint, filed (hlerma) (Entered: 10/20/1999) 12/08/ FINAL JUDGMENT granting Defts [58-1] motion to dismiss ; granting Defts [54-1] motion to dismiss complaint ; granting Defts [57-1] motion to dismiss and granting Defts [56-1] motion to dismiss the complaint, entered. Parties ntfd. ( signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 12/08/1999) 12/08/ MEMORANDUM AND ORDER Defts motions to dismiss the complaint should

13 be GRANTED, entered. Parties notified. ( signed by Judge Kenneth M. Hoyt ) (hlerma) (Entered: 12/08/1999) 12/08/1999 Case closed (hlerma) (Entered: 12/08/1999) 12/22/ MOTION to vacate [67-1] order by John C Weld Jr, Motion Docket Date 1/11/00 [69-1] motion, filed. (hcarr) (Entered: 12/22/1999) 01/11/ MEMORANDUM by Credit Suisse First, Bear Stearns & Co in opposition to [69-1] motion to vacate [67-1] order and modify the Ct's porder dismissing the complaint, filed (hlerma) (Entered: 01/11/2000) 01/11/ RESPONSE by Bain Capital Inc, Bain Venture Capital, Tyler International, Tyler Massachusetts, Tyler Capital Fund, BCIP Associates, Adam Kirsch, Joshua Bekenstein to pltf's [69-1] motion to vacate [67-1] judgment and modify order of 12/8/99, filed. (ltien) (Entered: 01/11/2000) 01/11/ RESPONSE by Stage Stores Inc, Carl Tooker et al to pltf's [69-1] motion to vacate [67-1] judgment and modify order of 12/8/99, filed. (ltien) (Entered: 01/11/2000) 01/12/ RESPONSE by Acadia Partners L P, Acadia FW Partners, Acadia MGP Inc to [69-1] motion to vacate [67-1] order and modify the Ct's order of 12/8/99, filed. (hlerma) (Entered: 01/13/2000) 02/14/ ORDER that pltfs' [69-1] motion to vacate jugment and modify the [67-1] court's memorandum and order is DENIED, entered; Parties ntfd. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 02/15/2000) 03/08/ NOTICE OF APPEAL of [68-1] order, [74-1] order by John C Weld Jr, filed. Fee Status: Pd Receipt #: (bdaniel) (Entered: 03/10/2000) 03/10/2000 Notice of appeal and Copy of docket transmitted to USCA: [75-1] appeal (bdaniel) (Entered: 03/10/2000) 03/23/2000 Certified and transmitted record on appeal consisting of 6 Vols - Original Record to U.S. Court of Appeals: [75-1] appeal. Parties ntfd. (bdaniel) (Entered: 03/23/2000) 03/27/2000 NOTICE of Docketing NOA from USCA Re: [75-1] appeal USCA NUMBER: (mmapps) (Entered: 03/27/2000) 08/02/ Notice of change of firm name and address, as to Cauley & Geller, LLP filed. (hlerma) (Entered: 08/03/2000) 10/05/ Notice of change of firm name as to Greenberg, Peden, Siegmyer & Oshman, P.C., filed. (hlerma) (Entered: 10/05/2000) 10/17/ ORDER OF USCA (certified copy) Pursuant to appellant's motion the appeal as to Stage Stores, Inc. is DISMISSED this 15th day of October, 2001, see Fed.R.App.P. 42(b) Re: [75-1] appeal, filed. CCA No (mmapps) (Entered: 10/17/2001) 10/17/ JUDGMENT OF USCA (certified copy) 05/16/01 issued as mandate on 10/15/01 that the judgment of the District Court is AFFIRMED as to all parties except Stage Stores, Inc. which is DISMISSED...FURTHER ORDERED that plaintiff-appellant pay to defendants-appellees the costs on appeal to be taxed by the Clerk of this

14 Court, filed. CCA No (mmapps) (Entered: 10/17/2001) 10/17/ Copy of PER CURIAM by USCA, filed. CCA No (mmapps) (Entered: 10/17/2001) 10/17/2001 Record on appeal returned from U.S. Court of Appeals:Rec'd 6 vol of record, file reass'd fwd to fileroom. (mmapps) (Entered: 10/17/2001) 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