U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 99-CV-2163

Transcription

1 US District Court Civil Docket as of 11/16/2004 Retrieved from the court on Thursday, August 18, 2005 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 99-CV-2163 Behfarin, et al v. Imaging Technologies, et al Filed: 10/07/99 Assigned to: Judge Judith N. Keep Jury demand: Both Referred to: Magistrate Judge Leo S. Papas Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act NAHID NAZARIAN BEHFARIN Kevin Jay Yourman plaintiff (310) Weiss and Lurie Wilshire Boulevard 24th Floor Los Angeles, CA (310) PETER JAMES COOK plaintiff STEPHEN DOMAGALA plaintiff MICHAEL S TAYLOR plaintiff Kevin Jay Yourman Kevin Jay Yourman Kevin Jay Yourman v. IMAGING TECHNOLOGIES Barnes H Ellis CORPORATION (503) defendant Stoel Rives Boley Jones and Grey 900 South West Fifth Avenue Suite 2600 Portland, OR (503)

2 Richard Max Valdez Sandler Lasry Laube Byer and Valdez 402 West Broadway Suite 1700 San Diego, CA (619) BRIAN BONAR defendant Barnes H Ellis Richard Max Valdez HARRY J SAAL defendant [term 01/18/01] MICHAEL K CLEMENS Richard Max Valdez defendant [term 09/07/01] [term 09/07/01] GERRY BERG defendant CHRISTOPHER W MCKEE defendant Richard Max Valdez Barnes H Ellis Richard Max Valdez DOCKET PROCEEDINGS DATE # DOCKET ENTRY 10/7/99 1 Complaint Filed; (referred to Magistrate Judge Leo S. Papas ) Receipt No/Amt of Fee: #53542/$150; jury trial demanded (meg) [Entry date 10/08/99] 10/7/99 2 Summons issued as to defendant Imaging Technologies, defendant Brian Bonar, defendant Harry J Saal, defendant Michael K Clemens, defendant Gerry Berg, defendant

3 Christopher W McKee (meg) [Entry date 10/08/99] 11/29/99 3 Return of Service executed upon defendant Imaging Technologies, defendant Brian Bonar, defendant Harry J Saal, defendant Gerry Berg, defendant Christopher W McKee on 11/18/99 of summons and complaint (jah) [Entry date 11/29/99] 12/7/99 4 Notice of Motion and Motion by plaintiff Nahid Nazarian Behfarin for appointment of lead counsel pursuant to section 21D of the Securities Exchange Act of 1934, and for consolidation of any related actions [ motion(s) referred to Judge Jeffrey T. Miller ], [ motion(s) referred ] motion hrg set for 1/10/00 at 11:00 (andy) [Entry date 12/08/99] 12/7/99 5 Memorandum of points and authorities by plaintiff Nahid Nazarian Behfarin in support of motion for appointment of lead counsel pursuant to section 21D of the Securities Exchange Act of 1934 [4-1], in support of motion consolidation of any related actions [4-2] (andy) [Entry date 12/08/99] 12/7/99 6 Declaration of Vahn Alexander in support of motion for appointment of lead counsel pursuant to section 21D of the Securities Exchange Act of 1934 [4-1], re motion consolidation of any related actions [4-2] (andy) [Entry date 12/08/99] 1/10/00 7 Minutes: Enter Order by Judge Judith N. Keep that the motion for appointment of lead counsel pursuant to section 21D of the Securities Exchange Act of 1934 [4-1] and that the motion consolidation of any related actions [4-2] are both submitted on the papers motion hearing off calendar (vls) [Entry date 01/10/00] 1/13/00 8 Order by Judge Judith N. Keep granting in part/denying in part motion for appointment of lead counsel pursuant to section 21D of the Securities Exchange Act of 1934 [4-1], re: motion for appointment as lead pla is granted and motion for approval of co-lead cnsl is denied; denying motion consolidation of any related actions [4-2] (vls) [Entry date 01/13/00] 10/6/00 9 Notice of Hearing for Dismissal for Want for Prosecution under FRCP Rule 4(m); Order to Show Cause set for 11:00 on 11/13/00 before Judge Keep (jah) [Entry date 10/10/00] 10/6/00 10 Notice of Hearing for Dismissal for Want of Prosecution under Local Rule 41.1; Order to Show Cause set for 11:00 on 11/13/00 before Judge Keep (jah) [Entry date 10/10/00] 11/6/00 11 Response and Objections by plaintiff Michael S Taylor,

4 plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin to hearing notice re: dismissal for want of prosecution w/o prejudice [10-2] and [9-2] (jah) [Entry date 11/07/00] 11/13/00 12 Minutes: Enter Order by Judge Judith N. Keep; Hearing held re: Dismissal pursuant to 41.1 and 4(M); No dismissal at this time;court orders parties who have been properly served to file answer w/in 20 days; Answer ddl set for 12/4/00 for Christopher W McKee, for Gerry Berg, for Harry J Saal, for Brian Bonar, for Imaging Technologies; Pla's counsel states he represents corporation only; Court finds that Mr. Clemens has not been served; Pla will attempt to locate and serve this dft; Court Recorder: Noemy Martinez (jah) [Entry date 11/14/00] 12/4/00 13 Notice of Motion and Motion by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [motion(s) referred to Judge Judith N. Keep] motion hrg set for 01/22/01 at 11:00am (axc) [Entry date 12/05/00] 12/4/00 14 Memorandum of points and authorities by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee in support of motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [13-1] (axc) [Entry date 12/05/00] 12/4/00 15 Request by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee to take judicial notice in support of their motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78 (1997) and Supp (axc) [Entry date 12/05/00] 12/4/00 16 Declaration of Richard M. Valdez by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee re motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [13-1] (axc) [Entry date 12/05/00] 12/6/00 17 Notice of lodgment of authorities cited in support of by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee ; motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [13-1] (axc) [Entry date 12/07/00] 12/13/00 18 Stipulation and Order to extend time for Harry J. Saal to respond to complaint by Judge Judith N. Keep Answer ddl extended to 1/5/01 for Harry J Saal (axc)

5 [Entry date 12/13/00] 12/28/00 19 Pro Hac Vice approved on behalf of defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee for Barnes H Ellis (joeh) [Entry date 12/29/00] 1/4/01 20 Stipulation and Order regarding rescheduling hearing and briefing schedule for defendant's motion to dismiss by Judge Judith N. Keep; motion hearing continued for 11:00 2/12/01 (axc) [Entry date 01/08/01] [Edit date 01/08/01] 1/18/01 21 Stipulation and tolling agreement and Order by Judge Judith N. Keep: This agreement is effective as of the date upon which Mr. Saal shall be dismissed from the action and shall terminate one year from the effective date; Mr. Saal agrees that the term will not be included in determining any applicable statute of limitations terminating party Harry J Saal (axc) [Entry date 01/18/01] 1/29/01 22 Opposition by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin to motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [13-1] (axc) [Entry date 01/30/01] 1/29/01 23 Request for Judicial Notice by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin in support of their opposition to defendants' motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [13-1] (axc) [Entry date 01/30/01] 1/30/01 24 Compendium of authorities by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin in support of plaintiffs' oppposition to defendants' motion to dismiss pursuant to Rule 12(b)(6) and the Private Securities Litigation Reform Act of 1995, 15 USCA 77(k)-78 (axc) [Entry date 01/31/01] 2/5/01 25 Reply Memorandum by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee in support of motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [13-1] (axc) [Entry date 02/05/01] 2/5/01 26 Request by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee to take judicial notice in support of their reply on motion to dismiss pursuant to Rule 12(b)(6) (axc) [Entry date 02/05/01]

6 2/5/01 27 Declaration of Barnes H. Ellis by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee in support of motion to dismiss pursuant to Rule 12(b)(6) (axc) [Entry date 02/05/01] 2/7/01 28 Notice of waiver of oral argument pursuant to Local Rule 7.1(d) and by order of the court; memorandum of points and authorities in support thereof by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin (axc) [Entry date 02/08/01] 2/12/01 29 Minutes: Enter Order by Judge Judith N. Keep; Motion hearing off calendar; Motion submitted on the papers; Court Reporter: N. Martinez (axc) [Entry date 02/13/01] 2/15/01 30 Order by Judge Judith N. Keep granting motion to dismiss pursuant to Rule 12(B)(6) and Private Securities Litigation Reform Act of 1995, 15 USCA 77(K)-78(1997) and Supp. 2000) [13-1]; The complaint is ordered dismissed without prejudice If plaintiffs chooses to refile, they must do so within 30 days from the date this order is stamped "filed" (axc) [Entry date 02/16/01] [Edit date 02/16/01] 2/15/01 31 Clerks Judgment: the court grants defendant's motion to dismiss and orders the complaint dismissed without prejudice If plaintiffs chooses to refile, they must do so within thirty days from the date this order is stamped "filed" terminating case (axc) [Entry date 02/16/01] [Edit date 02/16/01] 3/14/01 32 Opposition by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin to dft motion to quash subpoena t/w memorandum of points and authorities (no motion on docket) (axc) [Entry date 03/15/01] 3/14/01 33 Declaration of Vahn Alexander by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin re motion response [32-1] (axc) [Entry date 03/15/01] 3/19/01 34 First Amended complaint [1-1] (t/w jury demand) (ksr) [Entry date 03/21/01] 4/6/01 35 Stipulation and Order by Judge Judith N. Keep: It is ordered that dfts Imaging Technologies Corp, Brian Bonar, and Christopher W. McKee shall have an extension through and including 4/20/01 in which to file and serve (by overnight mail) a motion to dismiss the first amended complaint (axc) [Entry date 04/09/01] [Edit date 04/09/01] 4/20/01 36 Notice of Motion and Motion by defendant Imaging

7 Technologies, defendant Brian Bonar, defendant Christopher W McKee to dismiss pursuant to rule 12(b)(6) and private securities litigation reform act of 1995, 15, U.S.C.A. 77(k)-78 (1997 and supp. 2000) [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 5/29/01 at 11:00 am (ksr) [Entry date 04/20/01] 4/20/01 37 Memorandum of points and authorities by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee in support of motion to dismiss pursuant to rule 12(b)(6) and private securities litigation reform act of 1995, 15, U.S.C.A. 77(k)-78 (1997 and supp. 2000) [36-1] (ksr) [Entry date 04/20/01] 5/15/01 38 Opposition by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin to dfts' motion to dismiss pursuant to rule 12(b)(6) and private securities litigation reform act of 1995, 15, U.S.C.A. 77(k)-78 (1997 and supp. 2000) [36-1] (tkl) [Entry date 05/16/01] 5/15/01 39 Request for Judicial Notice by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin in support of their opposition to dft's motion to dismiss pursuant to rule 12(b)(6) and private securities litigation reform act of 1995, 15, U.S.C.A. 77(k)-78 (1997 and supp. 2000) [36-1] (tkl) [Entry date 05/16/01] 5/21/01 40 Reply mem by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee to motion to dismiss pursuant to rule 12(b)(6) and private securities litigation reform act of 1995, 15, U.S.C.A. 77(k)-78 (1997 and supp. 2000) [36-1] (tkl) [Entry date 05/22/01] 5/31/01 41 Minutes: Enter Order by Judge Judith N. Keep that the dft's motion to dismiss [36-1] - mot hrg of 5/29/01 is off calendar. mot is submitted on the papers. Court Reporter: n/a (tkl) [Entry date 05/31/01] 6/14/01 42 Order by Judge Judith N. Keep denying motion to dismiss pursuant to rule 12(b)(6) and private securities litigation reform act of 1995, 15, U.S.C.A. 77(k)-78 (1997 and supp. 2000) [36-1] (bar) [Entry date 06/15/01] 6/28/01 43 Stipulation and Order to extend time in which to respond to pla's 1st amd cmp by Judge Judith N. Keep Answer ddl extended to 7/5/01 for Imaging Technologies, for Brian Bonar, for Christopher W McKee (tkl) [Entry date 06/29/01] 7/5/01 44 Answer to 1st amd cmp by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee; demand for jury trial (tkl) [Entry date 07/05/01]

8 7/6/01 45 Ntc and Order for ENE Conf by Magistrate Judge Leo S. Papas E.N.E. Conf set for 2:00 8/28/01 before Magistrate Judge Leo S. Papas (tkl) [Entry date 07/09/01] 7/12/01 46 Notice of order by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin. (tkl) [Entry date 07/13/01] 7/31/01 47 Notice of Motion and Motion by defendant Michael K Clemens, defendant Gerry Berg to dismiss pursuant to Rules 4(m) and 12(b)(6), LR 4.1(a), and relevant precedent [ motion referred to Judge Judith N. Keep ] motion hrg set for 9/4/01 11:00 (tkl) [Entry date 08/01/01] 7/31/01 48 Memorandum of points and authorities by defendant Michael K Clemens, defendant Gerry Berg in support of motion to dismiss pursuant to Rules 4(m) and 12(b)(6), LR 4.1(a), and relevant precedent [47-1] (tkl) [Entry date 08/01/01] 7/31/01 49 Declaration of Michael K. Clemens by defendant Michael K Clemens, defendant Gerry Berg re motion to dismiss pursuant to Rules 4(m) and 12(b)(6), LR 4.1(a), and relevant precedent [47-1] (tkl) [Entry date 08/01/01] 7/31/01 50 Declaration of Gerry Berg by defendant Michael K Clemens, defendant Gerry Berg re motion to dismiss pursuant to Rules 4(m) and 12(b)(6), LR 4.1(a), and relevant precedent [47-1] (tkl) [Entry date 08/01/01] 7/31/01 51 Declaration of Philip J. Englund by defendant Michael K Clemens, defendant Gerry Berg re motion to dismiss pursuant to Rules 4(m) and 12(b)(6), LR 4.1(a), and relevant precedent [47-1] (tkl) [Entry date 08/01/01] 8/10/01 52 Order by Magistrate Judge Leo S. Papas E.N.E. Conference vacated and reset for 9:00 9/12/01 before Magistrate Judge Leo S. Papas; cnsl may participate by telephone conference call (jrl) [Entry date 08/13/01] 8/21/01 53 Opposition by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin to dft Michael K. Clemens' motion to dismiss [47-1] (tkl) [Entry date 08/22/01] 8/21/01 54 Declaration of Vahn Alexander by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin in support of opposition to dft's motion to dismiss [53-1] (tkl) [Entry date 08/22/01]

9 8/22/01 55 Proof of service by Federal Express by plaintiff Nahid Nazarian Behfarin (tkl) [Entry date 08/23/01] 8/27/01 56 Reply memorandum of p/a by defendant Imaging Technologies, defendant Brian Bonar, defendant Michael K Clemens, defendant Gerry Berg, defendant Christopher W McKee in support of motion to dismiss [47-1] (ksr) [Entry date 08/28/01] 8/27/01 57 Declaration of Michael K. Clemens by defendant Michael K Clemens, defendant Gerry Berg (ksr) [Entry date 08/28/01] 8/27/01 58 Declaration of Jeremy D. Sacks by defendant Michael K Clemens, defendant Gerry Berg (ksr) [Entry date 08/28/01] 9/4/01 59 Minutes: Enter Order by Judge Robert M. Takasugi; Motion hearing off calendar; motion to dismiss pursuant to Rules 4(m) and 12(b)(6), LR 4.1(a), and relevant precedent [47-1] is submitted on the papers; Court Reporter: N. Martinez (axr) [Entry date 09/05/01] 9/7/01 60 Order by Judge Judith N. Keep; The court denies dft's motion to dismiss as to Mr. Berg and grants pla's thirty days from the date this order is signed to perfect service on Mr. Berg; The court grants dft's motion to dismiss as to Mr. Clemens (axc) [Entry date 09/10/01] 9/12/01 61 Order by Magistrate Judge Leo S. Papas; On 9/12/01, the court convened an ENE conf; Settlement of the case could not be reached at the ENE conf and the court therefore discussed compliance with FRCP Rule 26 A Case Management Conference shall be held on 11/14/01 at 8:30am before Magistrate Judge Leo S. Papas Counsel may participate by telephone conf call (axr) [Entry date 09/13/01] [Edit date 09/13/01] 9/18/01 62 Summons issued (axr) [Entry date 09/19/01] 10/4/01 63 Return of Service of summons and complaint of dft Gerry Berg executed on 9/25/01, upon Barnes H. Ellis,esq. at the office which he maintains for the conduct of business, by leaving such true copy with Kevin McKenzie, the person apparently in charge (axr) [Entry date 10/04/01] 10/15/01 64 Answer of Gerry Berg to first amended complaint by defendant Gerry Berg; jury demand (axr) [Entry date 10/17/01] 10/25/01 65 DISCREPANCY ORDER by Judge Judith N. Keep rejecting document: notice of motion, declaration, and order from plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin, non-compliance with local rule 7.1.f or

10 47.1.b.3/ other: party must call chambers for a hearing date (axr) [Entry date 10/25/01] 11/14/01 66 Scheduling Order by Magistrate Judge Leo S. Papas; A case management conf was held on 11/14/01 Mandatory Settlement Conf set for 2:00 1/30/02 ord Magistrate Judge Leo S. Papas, Final pretrial conference set for 11:00 9/16/02 before Judge Judith N. Keep Proposed final p/t conf order by 09/09/02 (axr) [Entry date 11/15/01] [Edit date 11/19/01] 11/14/01 67 Order by Magistrate Judge Leo S. Papas; Case management conf held; Counsel shall meet and confer regarding the exchange of pertinent documents on or before 12/7/01 A discovery status conf shall be held at 8:30 12/10/01 before Magistrate Judge Leo S. Papas Counsel may participate by telephone conf call; The court will initiate the telephone conf call (axr) [Entry date 11/16/01] [Edit date 11/19/01] 12/10/01 68 Minutes: Enter Order by Magistrate Judge Leo S. Papas; Status conf held; Court Reporter: n/a (axr) [Entry date 12/11/01] 12/18/01 69 Order by Magistrate Judge Leo S. Papas; The date and time of the settlement conf on 1/30/02 at 2:00pm is vacated and reset Settlement Conf reset for 2:00 2/4/02 before Mag Judge Leo Papas All parties shall be present at the conf (axr) [Entry date 12/19/01] [Edit date 12/19/01] 1/9/02 70 DISCREPANCY ORDER by Judge Judith N. Keep accepting document: notice of motion for certification of pla class from plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin, non-compliance with local rule 7.1.f or 47.1.b.3, document is to be filed nunc pro tunc to the date received (axr) [Entry date 01/09/02] 1/9/02 71 Notice of Motion and Motion by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin for certification of a pla class [ motion(s) referred to Judge Judith N. Keep] motion hrg set for 02/11/02 at 11:00am (NUNC PRO TUNC 1/4/02) (axr) [Entry date 01/09/02] 1/9/02 72 Declaration of Vahn Alexander by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin re motion for certification of a pla class [71-1] (NUNC PRO TUNC 1/4/02) (axr) [Entry date 01/09/02] [Edit date 01/09/02] 1/24/02 73 Order by Magistrate Judge Leo S. Papas; The date and time of the settlement conf on 2/4/02 at 2:00pm is vacated Settlement conf reset for 2:00 3/11/02 before Mag Judge Leo Papas All parties shall be present at the conf (axr)

11 [Entry date 01/25/02] 1/28/02 74 Memorandum of points and authorities in Opposition by defendant Imaging Technologies, defendant Brian Bonar, defendant Gerry Berg, defendant Christopher W McKee to motion for certification of a pla class [71-1] (axr) [Entry date 01/29/02] 1/28/02 75 Affidavit of Barnes H. Ellis in support of dft's opposition to pla's motion for certification of a pla class (axr) [Entry date 01/29/02] 1/28/02 76 Affidavit of Jeremy D. Sacks in support of dft's opposition to pla's motion for certification of a pla class (axr) [Entry date 01/29/02] 1/28/02 77 Affidavit of Kathy M. Niden in opposition to pla's motion for certification of a pla class (axr) [Entry date 01/29/02] 2/4/02 78 Reply by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin re [71-1] (axr) [Entry date 02/05/02] 2/5/02 79 DISCREPANCY ORDER by Judge Judith N. Keep accepting document: Supplemental from plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (ksr) [Entry date 02/05/02] 2/5/02 80 Supplemental declaration by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin re declaration [72-1] (NUNC PRO TUNC to 2/4/02) (ksr) [Entry date 02/05/02] 2/11/02 81 Minutes: Enter Order by Judge Judith N. Keep; Motion hrg off calendar; Motion for certification of pla class [71-1] submitted on the papers; Court Reporter: N. Martinez (axr) [Entry date 02/11/02] [Edit date 02/11/02] 2/12/02 82 Order by Judge Judith N. Keep granting motion to have this action maintained as a class action pursuant to Rule 23 [71-1]; to certify a pla class as defined by the court; to certify Nahid Nazarian Behfarin and Stephen Domagala as representatives of the class and to appoint Weiss & Yourman as "class counsel" (axr) [Entry date 02/14/02] 2/15/02 83 Designation of expert witnesses pursuant to the court's order of 11/14/01 by plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin (axr) [Entry date 02/19/02]

12 2/19/02 84 Disclosure of expert witnesses by defendant Imaging Technologies, defendant Brian Bonar, defendant Christopher W McKee (axr) [Entry date 02/19/02] [Edit date 02/19/02] 3/11/02 85 Minutes: Enter Order by Magistrate Judge Leo S. Papas; Settlement conf held; Court Reporter: n/a (axr) [Entry date 03/13/02] 4/15/02 86 Expert reports by defendant Imaging Technologies, defendant Brian Bonar, defendant Gerry Berg, defendant Christopher W McKee (axr) [Entry date 04/16/02] 4/15/02 87 Expert report of Cathy Niden by defendant Imaging Technologies, defendant Brian Bonar, defendant Gerry Berg, defendant Christopher W McKee (axr) [Entry date 04/16/02] 4/15/02 88 Expert report of Michael A. Keable by defendant Imaging Technologies, defendant Brian Bonar, defendant Gerry Berg, defendant Christopher W McKee (axr) [Entry date 04/16/02] 4/16/02 89 Stipulation and Order by Magistrate Judge Leo S. Papas: The parties stipulate that pla's will file and serve the expert report of Mr. Peter A. Goldman no later than 4/22/02 (axr) [Entry date 04/16/02] 9/16/02 90 Minutes: Enter Order by Judge Judith N. Keep; Pretrial conf off calendar per chambers; Court Reporter: N. Martinez (axr) [Entry date 09/16/02] 3/6/03 91 Order by Judge Judith N. Keep granting appl for prelim approval of settlement, directing notice of pendency and settlement of class action; settlement hrg set for approximately 75 days from date of signing of this order before Judge Keep (appl not on file) (cag) [Entry date 03/07/03] 3/20/03 92 Stipulation re mailing of notice of pendency and proposed settlement of class action, settlement hrg and publication of sum notice and Order thereon by Judge Judith N. Keep; final Settlement conf set for 5/27/03 before Judge Judith Keep (cag) [Entry date 03/20/03] 5/21/03 93 DISCREPANCY ORDER by Judge Judith N. Keep accepting document: memorandum from plaintiffs re appl for attys' fees and reimbursement of expenses; non-compliance with local rule other, document is to be filed nunc pro tunc to the date received (cag) [Entry date 05/21/03] 5/21/03 94 Memorandum by plaintiffs in support of appl for attys' fees and reimbursement of expenses; NUNC PRO TUNC to 5/20/03 (cag)

13 [Entry date 05/21/03] 5/21/03 95 Declaration of Vahn Alexander re memorandum [94-1]; NUNC PRO TUNC to 5/20/03 (cag) [Entry date 05/21/03] 5/21/03 96 Memorandum by plaintiffs in support of final approval of settlement; NUNC PRO TUNC to 5/20/03 (cag) [Entry date 05/21/03] 5/21/03 97 Declaration of Michael Rosenbaum re mailing of notice of pendency and proposed settlement of class action and fairness hrg, all out of pocket costs incurred to date and opt-outs; NUNC PRO TUNC to 5/20/03 (cag) [Entry date 05/21/03] 5/27/03 98 Minutes: Enter Order by Judge Judith N. Keep; Settlement conference not held 5/27/03, ct will re-notice new date. Court Reporter: n/a (cag) [Entry date 05/27/03] 6/4/03 99 Minutes: Enter Order by Judge Judith N. Keep; Settlement Conf held, ct to issue order. Court Reporter: N. Martinez (cag) [Entry date 06/04/03] 6/26/ DISCREPANCY ORDER by Judge Judith N. Keep accepting document: supplemental memo in support from plaintiffs, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (bar) [Entry date 06/26/03] 6/26/ Supplemental Memorandum of points and authorities by plaintiff in support of memorandum [94-1] : NUNC PRO TUNC 6/24/03 (bar) [Entry date 06/26/03] 6/26/ DISCREPANCY ORDER by Judge Judith N. Keep accepting document: supplemental declaration of Michael D. Braun from plaintiff Michael S Taylor, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (bar) [Entry date 06/26/03] 6/26/ Supplemental declaration of Michael D. Braun in support of plaintiffs application for award of attys' fees and reimbursement of expenses : NUNC PRO TUNC 6/24/03 (bar) [Entry date 06/26/03] [Edit date 06/26/03] 8/19/ Order by Judge Judith N. Keep approving proposed class action settlement, approving proposed plan of allocation, awarding lead plas' counsel 25% of gross settlement funds, reimbursing plas' counsel $77, in expenses, denying class representatives Behfarin and Domagala request for $2,500, dismissing case on merits and directing clk to terminate the case (cag) [Entry date 08/19/03]

14 8/19/ Clerks Judgment: Court approves the proposed class action settlement, approves the proposed plan of allocation, awards lead plaintiffs' counsel 25 percent of the gross settlement funds, reimburses plaintiffs' counsel $77, in expenses, denies class representatives Behfarin and Domagala their request for $2,500 for their work as class representative, dismisses the case on the merits and direts Clerk of Court to terminate the case; terminating case (cag) [Entry date 08/19/03] 4/7/ Unopposed Notice of Ex Parte Appl and Appl by plaintiffs for an order authorizing disbursement of net settlement fund; [referred to Judge Judith N. Keep] (cag) [Entry date 04/08/04] 4/7/ Declaration of Vahn Alexander re appl for an order authorizing disbursement of net settlement fund [106-1] (cag) [Entry date 04/08/04] 4/7/ Declaration of Michael Rosenbaum re appl for an order authorizing disbursement of net settlement fund [106-1] (cag) [Entry date 04/08/04] 4/19/ Order by Judge Judith N. Keep authorizing distribution of net settlement fund in the amt of $43, to Claims Administrator, Berdon Claims Administration (cag) [Entry date 04/20/04] 11/16/ Notice by counsel for plaintiff Michael S Taylor, plaintiff Stephen Domagala, plaintiff Peter James Cook, plaintiff Nahid Nazarian Behfarin of change in firm name and counsel (tdo) [Entry date 11/30/04] 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