U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:00-cv JJF

Transcription

1 US District Court Civil Docket as of 02/20/2004 Retrieved from the court on Monday, July 11, 2005 U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:00-cv JJF Softest Inc. Pension, et al v. Inacom Corporation, et al Assigned to: Honorable Joseph J. Farnan, Jr. Demand: $0 Case in other court: USDC/NE, 00cv120 Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 08/04/2000 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Softest Inc., Pension and Profit Sharing Plan individually and on behalf of all others similarly situated Rosenthal, Monhait, Gross & Goddess Citizens Bank Center, Suite 1401 P.O. Box 1070 Wilmington, DE (302) V. Defendant Inacom Corporation represented by Laura Davis Jones Pachulski, Stang, Ziehl, Young & Jones, P.C. 919 North Market Street, Suite 1600 P.O. Box 8705 Wilmington, DE (302) Defendant Bill L. Fairfield represented by Raymond J. DiCamillo Richards, Layton & Finger One Rodney Square P.O. Box 551 Wilmington, DE (302)

2 Defendant David C. Guenthner represented by M. Duncan Grant Pepper Hamilton LLP 1313 Market Street, Suite 5100 P.O. Box 1709 Wilmington, DE (302) Defendant Rick Inatome represented by Philip Trainer, Jr. Ashby & Geddes 222 Delaware Avenue P.O. Box 1150 Wilmington, DE (302) Plaintiff Harry E. McLellan (See above for address) Plaintiff Clifford Klovenski (See above for address) Plaintiff Mark Carrothers (See above for address)

3 Plaintiff Karl Hempfling (See above for address) Plaintiff Janice Anderson (See above for address) Plaintiff Lyle Duncan (See above for address) Plaintiff Wayland Sharp (See above for address) V. Defendant KPMG U.S. represented by John M. Seaman Bouchard, Margules & Friedlander, P.A. 222 Delaware Avenue Suite 1400 Wilmington, DE (302) Fax: (302) Date Filed # Docket Text 08/04/2000 Original file, certified copy of transfer order and docket sheet received from District of Nebraska (docket items 1-30) (dab) (Entered: 08/04/2000)

4 08/04/ COMPLAINT filed in USDC/Nebraska on 2/24/00 (dab) (Entered: 08/04/2000) 08/04/ AMENDED COMPLAINT by Softest Inc Pension, amending [1-1] complaint filed in USDC/Nebraska on 2/25/00 (dab) (Entered: 08/04/2000) 08/04/ ORDER adding Greg Cauley and Bruce G. Murphy as interested parties (entered by Magistrate Judge Thomas D. Thalken on 5/22/00 in USDC/Nebraska) (dab) (Entered: 08/04/2000) 08/04/ ORDER transferring case to USDC District of Delaware for referral to the US Bankruptcy Court where dft's bankruptcy case is pending (entered by Judge Thomas M. Shanahan on 6/26/00 in USDC/Nebraska) (dab) (Entered: 08/04/2000) 08/04/ Local Counsel Letter - exit attorney for Pltf. Set Notice of Compliance for local counsel to enter an appearance for 9/5/00 (dab) (Entered: 08/04/2000) 08/04/ Local Counsel Letter - exit attorney for dft Inacom, Corp. Set Notice of Compliance for local counsel to enter an appearance for 9/5/00 (dab) (Entered: 08/04/2000) 08/04/ Local Counsel Letter - exit attorney for interested party Greg Cauley. Set Notice of Compliance for local counsel to enter an appearance for 9/5/00 (dab) (Entered: 08/04/2000) 08/04/ Local Counsel Letter - exit to attorney for interested party Bruce G. Murphy. Set Notice of Compliance for local counsel to enter an appearance for 9/5/00 (dab) (Entered: 08/04/2000) 08/07/ MOTION with Proposed Order for Daniel S. Sommers to Appear Pro Hac Vice received in USDC/Nebraska on 8/1/00 and sent to USDC/Delaware (dab) (Entered: 08/07/2000) 08/09/ CASE assigned to Judge Joseph J. Farnan Jr.. Notice to all parties. (ntl) (Entered: 08/09/2000) 08/21/ NOTICE of Filing of Petition Under Chapter 11 of the U.S. Bankruptcy Code and of Automatic Stay by Inacom Corporation (sm) (Entered: 08/22/2000) 08/25/ NOTICE of attorney appearance for Softest Inc Pension by Norman M. Monhait (sm) (Entered: 08/29/2000) 09/01/ NOTICE of attorney appearance for David C. Guenthner by M. Duncan Grant (sm) (Entered: 09/07/2000) 09/08/ MOTION by Softest Inc Pension with Proposed Order for Lori G. Feldman, Esq. to Appear Pro Hac Vice re: [40-1] motion (sm) (Entered: 09/12/2000) 09/12/2000 So Ordered GRANTING [40-1] motion for Lori G. Feldman, Esq. to Appear Pro Hac Vice ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 09/15/2000) 09/12/ MOTION by Softest Inc Pension with Proposed Order for Sanford P. Dumain, Esq. to Appear Pro Hac Vice re: [41-1] motion (sm) (Entered: 09/15/2000) 09/15/ NOTICE of Appearance of Pachulski, Stang, Ziehl, young & Jones by Inacom

5 Corporation (sm) (Entered: 09/20/2000) 09/15/ NOTICE of attorney appearance for Rick Inatome by Philip Trainer Jr. (sm) (Entered: 09/20/2000) 09/18/ ORDER set Rule 16 Scheduling Conference for 11:00 9/29/00 ( signed by Judge Joseph J. Farnan Jr. ) copies to: counsel (sm) (Entered: 09/21/2000) 09/19/2000 So Ordered GRANTING [41-1] motion for Sanford P. Dumain, Esq. to Appear Pro Hac Vice ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 09/21/2000) 09/22/ MOTION by Rick Inatome with Proposed Order for Daniel J. Bergeson, Esq. to Appear Pro Hac Vice re: [45-1] motion (sm) (Entered: 09/26/2000) 09/22/ MOTION by Rick Inatome with Proposed Order for Marily P. Lerner, Esq. to Appear Pro Hac Vice re: [46-1] motion (sm) (Entered: 09/26/2000) 09/22/ MOTION by Rick Inatome with Proposed Order for Caroline McIntyre, Esq. to Appear Pro Hac Vice re: [47-1] motion (sm) (Entered: 09/26/2000) 09/27/2000 So Ordered GRANTING [45-1] motion for Daniel J. Bergeson, Esq. to Appear Pro Hac Vice, GRANTING [46-1] motion for Marily P. Lerner, Esq. to Appear Pro Hac Vice, GRANTING [47-1] motion for Caroline McIntyre, Esq. to Appear Pro Hac Vice ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 10/04/2000) 09/28/ Letter to the Court dated 9/27/00 by Norman M. Monhait, Esq. RE: Enclosed proposed pretrial order no.1. (sm) (Entered: 10/06/2000) 09/29/ NOTICE of attorney appearance for Bill L. Fairfield by Raymond J. DiCamillo (sm) (Entered: 10/11/2000) 09/29/ MOTION by David C. Guenthner with Proposed Order for Gay Parks Rainville, Esq. to Appear Pro Hac Vice re: [50-1] motion (sm) (Entered: 10/11/2000) 09/29/2000 Scheduling conference held (Farnan, J), V. Gunning, rptr; The parties to submit proposed order by 10/6/00. If not issue to be briefed. On 11/6/00 at 11:00 discovery hearing will be held. (sm) (Entered: 10/11/2000) 09/29/2000 Deadline updated; set Discovery Hearing for 11:00 11/6/00 per calendar notice. (sm) (Entered: 10/11/2000) 09/29/ STIPULATED PRETRIAL ORDER No. 1 with proposed order (sm) (Entered: 10/11/2000) 09/29/2000 So Ordered GRANTING [51-1] stipulation ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 10/11/2000) 10/03/ TRANSCRIPT filed [0-0] Scheduling conference for dates of 9/29/00, V. Gunning, rptr. (sm) (Entered: 10/12/2000) 10/06/ Letter to the Court dated 10/6/00 by Norman M. Monhait, Esq. RE: The parties have resolved the issue concerning issuance of document preservation subpoenas to 3rd parties, therefore, the parties will not need the hearing on 11/6/00. (sm)

6 (Entered: 10/16/2000) 10/12/2000 So Ordered GRANTING [50-1] motion for Gay Parks Rainville, Esq. to Appear Pro Hac Vice ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 10/16/2000) 11/16/ Letter to the Court dated 11/16/00 by Norman M. Monhait, Esq. RE: Enclosed courtesy copy of stipulated amended pretrial order no. 1. (sm) (Entered: 11/27/2000) 11/17/ STIPULATED Amended Pre-Trial Order No. 1 with proposed order; Lead Pltfs. shall file their consolidated amended complaint by 12/15/00; The individual dfts. shall respond to the consolidated amended complaint within 60 days after service of that pleading on defense counsel; and All other filing deadlines set forth in PTO No. 1 shall remain the same, unless otherwise extended by agreement among the parties with the approval of the Court. (sm) (Entered: 11/27/2000) 11/17/2000 So Ordered GRANTING [54-1] stipulation ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 11/27/2000) 12/15/ CONSOLIDATED AMENDED CLASS ACTION COMPLAINT For Violations of Federal Securities Laws by Softest Inc Pension, (Answer due 12/26/00 for Rick Inatome, for David C. Guenthner, for Bill L. Fairfield, for Inacom Corporation ) amending [3-1] amended complaint against Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp, KPMG LLP (sm) (Entered: 12/19/2000) 12/15/2000 SUMMONS(ES) issued for KPMG LLP (sm) (Entered: 12/19/2000) 12/18/ RETURN OF SERVICE executed as to KPMG LLP 12/18/00 Answer due on 1/7/01 for KPMG LLP (sm) (Entered: 12/20/2000) 02/07/ MOTION by KPMG LLP with Proposed Order for George B. Curtis, Esq. to Appear Pro Hac Vice re: [58-1] motion (sm) (Entered: 02/09/2001) 02/12/ Letter to the Court dated 2/12/01 by M. Duncan Grant, Esq. RE: Enclosed proposed briefing schedule for the dfts' motion to dismiss the consolidated amended complaint agreed to by the parties. (sm) (Entered: 02/14/2001) 02/13/2001 So Ordered GRANTING [58-1] motion for George B. Curtis, Esq. to Appear Pro Hac Vice ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 02/14/2001) 02/14/ ORDER that all dfts. shall file their motions to dismiss the consolidated amended class action complaint by 2/27/01; Lead Pltfs. shall file answering briefs in opposition to dfts' motions to dismiss by 4/5/01; and All Dfts. shall file reply briefs by 4/25/01. ( signed by Judge Joseph J. Farnan Jr. ) copies to: counsel (sm) (Entered: 02/16/2001) 02/27/ MOTION by KPMG LLP to Dismiss the Consolidated Amended Class Action Complaint Answer Brief due 3/13/01 re: [61-1] motion (sm) (Entered: 03/01/2001) 02/27/ OPENING BRIEF Filed by KPMG LLP [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint (sm) (Entered: 03/01/2001)

7 02/27/ MOTION by Bill L. Fairfield, David C. Guenthner, Rick Inatome to Dismiss Plaintiffs' Consolidated Amended Complaint Answer Brief due 3/13/01 re: [63-1] motion (sm) (Entered: 03/01/2001) 02/27/ REQUEST by Bill L. Fairfield, David C. Guenthner, Rick Inatome for Judicial Notice In Support of the Individual Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint. (sm) (Entered: 03/01/2001) 02/27/ OPENING BRIEF Filed by Bill L. Fairfield, David C. Guenthner, Rick Inatome [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint (sm) (Entered: 03/01/2001) 02/27/ Appendix of Additional Authorities in Support Filed by Bill L. Fairfield, David C. Guenthner, Rick Inatome Appending [65-1] opening brief (sm) (Entered: 03/01/2001) 02/27/ Declaration of Caroline McIntyre in Support of the Individual Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint (Volume I of II) (sm) (Entered: 03/01/2001) 02/27/ Declaration of Caroline McIntyre in Support of the Individual Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint (Volume II of II). (sm) (Entered: 03/01/2001) 03/02/ Letter to the Court dated 3/2/01 by Counsel RE: Requests cases; CA JJF, CA GMS and CA GMS should all be assigned to Judge Farnan. (sm) (Entered: 03/06/2001) 03/06/ SUPPLEMENTAL AFFIDAVIT OF SERVICE by Bill L. Fairfield, David C. Guenthner, Rick Inatome RE: Request for Judicial Notice, Dfts' Motion to Dismiss, Dfts' Opening Brief, Dfts' Appendix and Dfts' Declaration of Caroline McIntyre. (sm) (Entered: 03/08/2001) 03/06/ Letter to the Court dated 3/6/01 by Philip Trainer, Jr., Esq. RE: Dft. Rick Inatome supports defense counsels' letter dated 3/2/01 (D.I. 69). (sm) (Entered: 03/08/2001) 03/06/ Letter to the Court dated 3/6/01 by John M. Seaman, Esq. RE: Enclosed courtesy copy of Dft. KPMG's Motion For Protective Order which was filed in CA GMS. (sm) (Entered: 03/08/2001) 03/09/ Letter to the Court dated 3/6/01 by Philip Trainer, Jr., Esq. RE: Dft. Rick Inatome joins in the request made by defense counsel in the 3/2/01 letter to the Court. (sm) (Entered: 03/13/2001) 03/30/ ORDER that any stipulated order shall be presented to the Court no later than 4/13/01. A scheduling conference will be held on 5/3/01 at 12:00 p.m. set Scheduling Conference for 12:00 5/3/01 ( signed by Judge Joseph J. Farnan Jr. ) copies to: counsel (sm) (Entered: 04/03/2001) 03/30/ STIPULATED Second Amended Pre-Trial Order No. 1 with proposed order; Lead Pltfs. shall file answering brief in opposition to dfts. Motions to Dismiss by 4/30/01; and Dfts. shall file reply briefs by 6/4/01. (sm) (Entered: 04/03/2001) 04/04/2001 So Ordered GRANTING [75-1] stipulation reset Answer Brief Deadline to 4/30/01

8 re: [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint, 4/30/01 re: [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint, set Reply Brief Deadline to 6/4/01 re: [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint, 6/4/01 re: [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 04/09/2001) 04/27/ MOTION by KPMG LLP with Proposed Order for Juliet M. Hanna, Esq. and Jessica Lee, Esq. to Appear Pro Hac Vice re: [76-1] motion (sm) (Entered: 05/01/2001) 04/27/ STIPULATED Third Amended Pre-Trial Order No. 1 with proposed order (sm) (Entered: 05/01/2001) 05/02/2001 So Ordered GRANTING [76-1] motion for Juliet M. Hanna, Esq. and Jessica Lee, Esq. to Appear Pro Hac Vice ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 05/02/2001) 05/02/2001 So Ordered GRANTING [77-1] stipulation reset Answer Brief Deadline to 5/10/01 re: [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint, 5/10/01 re: [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint, set Reply Brief Deadline to 6/14/01 re: [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint, 6/14/01 re: [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 05/02/2001) 05/03/2001 Scheduling conference held (Farnan, J), V. Gunning, rptr; The Court will issue scheduling order. (sm) (Entered: 05/07/2001) 05/08/ SCHEDULING ORDER setting Discovery cutoff 9/23/02 ; Deadline for filing dispositive motions 10/28/02 ; Pretrial conference for 10:00 3/27/03 ; Jury Trial Date Deadline 9:00 4/10/03 ; Proposed Pretrial Order due on 3/24/03 ; Oral Argument on Dfts' Motions to Dismiss will be held on 9/7/01 at 9:30 a.m. ( signed by Judge Joseph J. Farnan Jr. ) copies to: counsel (sm) (Entered: 05/09/2001) 05/08/2001 Deadline updated; Motion Hearing set for 9:30 9/7/01 for [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint, set for 9:30 9/7/01 for [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint (SEE Scheduling Order, D.I.78). (sm) (Entered: 05/09/2001) 05/09/ STIPULATION with proposed order that 1) Lead Pltfs' answering brief in opposition to KPMG LLP's motion to dismiss may be up to 50 pages in length 2) Lead Pltfs' answering brief in opposition to the other dfts' motion to dismiss may be up to 60 pages in length 3) All Dfts. may file reply briefs in support of their motions to dismiss of up to 30 pages. (sm) (Entered: 05/11/2001) 05/10/ ANSWERING BRIEF Filed by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint (sm) (Entered: 05/11/2001) 05/10/ ANSWERING BRIEF Filed by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan,

9 Wayland Sharp [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint (sm) (Entered: 05/11/2001) 05/10/ COMPENDIUM OF UNREPORTED CASES Filed by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp Appending [81-1] answer brief (sm) (Entered: 05/11/2001) 05/11/2001 So Ordered GRANTING [79-1] stipulation ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (sm) (Entered: 05/14/2001) 05/11/ COMPENDIUM OF UNREPORTED OPINIONS Filed by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp Appending [80-1] answer brief (sm) (Entered: 05/14/2001) 06/13/ STIPULATION with proposed order for Extension of Time for Dft's to File Reply Brief to their Motion to Dismiss until 6/25/01. (vm) (Entered: 06/15/2001) 06/21/ Letter to the Court RE: Enclosed Motion for Leave to Exceed Page Limit by dtfs. (vm) (Entered: 06/27/2001) 06/21/ MOTION by Bill L. Fairfield, David C. Guenthner, Rick Inatome, Greg Cauley with Proposed Order for Leave to File reply brief exceeding 20 pages re: [86-1] motion (vm) (Entered: 06/27/2001) 06/21/2001 So Ordered granting [84-1] stipulation to extend time for dfts to file reply brief until 6/25/01 ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (vm) (Entered: 06/27/2001) 06/21/2001 Deadline updated; reset Reply Brief Deadline to 6/25/01 re: [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint (vm) (Entered: 06/27/2001) 06/25/ Reply Brief Filed by Bill L. Fairfield, David C. Guenthner, Rick Inatome [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint (vm) (Entered: 06/28/2001) 06/25/ Appendix of Additional Authorities Cited in Brief Filed by Bill L. Fairfield, David C. Guenthner, Rick Inatome Appending [87-1] reply brief (vm) (Entered: 06/28/2001) 06/25/ Supplemental Declaration of Caroline McIntyre in Support of Bill L. Fairfield, David C. Guenthner, Rick Inatome Re: [87-1] reply brief (vm) (Entered: 06/28/2001) 06/25/ Notice of Deficiency from the court to defendant Bill L. Fairfield, defendant David C. Guenthner, defendant Rick Inatome RE: Supplement Declaration (D.I. 89) No original signature. (vm) (Entered: 06/28/2001) 06/25/ Reply Brief Filed by KPMG LLP [61-1] in support of its motion to Dismiss the Consolidated Amended Class Action Complaint (vm) (Entered: 06/28/2001) 06/26/ Letter to the Clerk RE: Enclosed are original signature pages of Caroline McIntyre. (vm) (Entered: 06/29/2001)

10 06/26/ Supplement Affidavit of Service by Inacom Corporation of Dft's Reply Brief in support of Motion to Dismiss; Supplemental Declaration of Caroline McIntyre; Appendix of Additional Authorities. (vm) (Entered: 06/29/2001) 06/27/2001 So Ordered granting [86-1] motion for Leave to File reply brief exceeding 20 pages ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (vm) (Entered: 07/02/2001) 08/14/ Copy of letter dated 8/14/01 from Norman Monhait to Judge McKelvie RE: request that Judge McKelvie transfer Case No to Judge Farnan. (vm) (Entered: 08/16/2001) 08/31/ STATEMENT OF Supplemental Authority by Softest Inc Pension in opposition to [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint (dlk) (Entered: 09/04/2001) 09/06/ STATEMENT OF SUPPLEMENTAL AUTHORITY by Bill L. Fairfield, David C. Guenthner, Rick Inatome in support of [63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint (dlk) (Entered: 09/10/2001) 09/07/2001 Evidentiary hearing held on Motions to dismiss. (Farnan, J) Ct. Rptr. B. Gaffigan. Court will take the matter under advisement. (dlk) (Entered: 09/10/2001) 09/07/ Steno Notes for 9/7/01 Evidentary Hearing Ct. Rptr. B. Gaffigan. (dlk) (Entered: 09/10/2001) 09/14/ TRANSCRIPT filed [0-0] evidentiary hearing for dates of 9/7/01(Farnan, J) Ct. Rptr. B. Gaffigan (dlk) (Entered: 09/14/2001) 09/21/ Letter to the Clerk's Office dated 9/4/01 by Deborah R. Gross RE: New address for law firm. (vm) (Entered: 09/25/2001) 09/21/ NOTICE of Change of Firm Address by Softest Inc Pension Law offices of Bernard M. Gross has moved to 1515 Locust Street, 2nd Floor, Philadelphia, PA (vm) (Entered: 09/25/2001) 10/03/2001 Consolidated Lead Case with per D. I. 28 (dlk) (Entered: 10/05/2001) 10/09/ NOTICE of Change of Address for Milberg Weiss Bershad Hynes & Lerach LLP by Softest Inc Pension (dlk) (Entered: 10/10/2001) 12/04/ Letter to the Court dated 12/4/01 by Phillip Trainer, Jr, Esq. RE:bring to the Court's attention two recent decisions relating to the motions to dismiss the following actions: CA JJF and CA JJF. Copies of decisions are enclosed. (dlk) (Entered: 12/06/2001) 02/26/ Letter to the Court dated 2/26/02 by Norman M. Monhait, Esq. RE: the parties, other than KPMG LLP, have reached an agreement in principle to settle the actions. Request the Court to defer further consideration of the individual defts' pending motions. (dlk) (Entered: 02/28/2002) 02/28/ ORDER DENYING with leave to renew upon failure of settlement, Deft's[63-1] motion to Dismiss Plaintiffs' Consolidated Amended Complaint ( signed by Judge Joseph J. Farnan Jr. ) copies to: Counsel (dlk) (Entered: 03/04/2002)

11 05/15/ Letter dated 5/15/02 to Judge Farnan by Norman M. Monhait, advising the Court that Pltfs and Deft KPMG LLP have reached a settlement agreement in principle. Pltfs request the Court defer consideration of pending motions to dismiss. (rwc) (Entered: 05/16/2002) 05/20/ ORDER denying [61-1] motion to Dismiss the Consolidated Amended Class Action Complaint with leave to renew upon failure of settlement. ( signed by Judge Joseph J. Farnan Jr. ) copies to: cnsl. (rwc) (Entered: 05/21/2002) 06/21/ ORDER - administratively closing case as parties have reached settlement agreement in principle. Parties shall notify Court if negotiations fail and case may be reopened. ( signed by Judge Joseph J. Farnan Jr. ) copies to: cnsl. (rwc) (Entered: 06/21/2002) 06/21/2002 Case closed per DI #107. (rwc) (Entered: 06/21/2002) 10/30/ Letter to Judge Farnan dated 10/30/02 from Norman M. Monhait re: the parties have completed their settlement negotiations. Enclosed is a copy of (i) the Stipulation and Agreement of Settlement with the Individual Defts, and (ii) the Stipulation and Agreement of Settlement with KPMG LLP. Enclosed a proposed Preliminary Order in Connection with Settlement Proceedings. Request dates from the Court for the settlement hearing. Hearing could be scheduled at the Court's convenience on or after 12/23/02. (afb) (Entered: 10/31/2002) 10/30/ STIPULATION And Agreement of Settlement with the Individual Defendants with proposed order by Lead Pltfs. Softest, Inc. Pension and Profit Sharing Plan, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Jane Carrothers and Karl Hempfling ("Lead Plaintiffs") on behalf of the Class (as hereinafter defined), and defendants Bill L. Fairfield, David C. Guenthner and Rick Inatome (the "Individual Defendants"). (afb) (Entered: 10/31/2002) 10/30/ STIPULATION and Agreement of Settlement with KPMG LLP with proposed orderby Lead Pltfs. Softest Inc. Pension and Profit Sharing Plan, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Jane Carrothers and Karl Hempfling on behalf of the Class and Deft. KPMG LLP. (afb) (Entered: 10/31/2002) 10/30/ Preliminary Proposed Order in Connection with Settlement Proceedings filed by parties. (afb) (Entered: 10/31/2002) 11/15/2002 So Ordered granting [111-1] proposed preliminary order in connection with settlement proceedings - settlement fairness hearing set for 1/13/03 at 11:00 a.m. ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (ssb) (Entered: 11/19/2002) 11/15/2002 Deadline updated: set Settlement Hearing for 11:00 1/13/03 (D.I. 111) (ssb) (Entered: 11/19/2002) 01/06/ Letter to Judge Farnan dated 01/06/03 from Norman M. Monhait representing Pltf. re: Enclosed (DI # ). (afb) (Entered: 01/08/2003) 01/06/ MEMORANDUM of Law by Softest Inc Pension in support of Proposed Class Action Settlement. (afb) (Entered: 01/08/2003)

12 01/06/ MEMORANDUM of Law by Softest Inc Pension in support of their Application for Attorneys' Fees and Reimbursement of Expenses. (afb) (Entered: 01/08/2003) 01/06/ Declaration of Lori G. Feldman in support of the proposed settlement, plan of allocation and application for an award of attorneys' fees and reimbursement of expenses filed by Norman M. Monhait, Esq. (afb) (Entered: 01/08/2003) 01/06/ Compendium of Pltfs.' Counsel's Affidavits in Support of an Award of Attorneys' Fees and Reimbursement of Expenses filed by Norman M. Monhait, Esq. (afb) (Entered: 01/08/2003) 01/06/ Compendium of Unreported Cases Cited in Pltfs.' Memorandum of Law in Support of Proposed Class Action Settlement and Pltfs.' Counsel's Memorandum of Law in Support of their Application for Attorneys' Fees and Reimbursement of Expenses filed by Norman M. Monhait, Esq. (afb) (Entered: 01/08/2003) 01/06/ AFFIDAVIT of Cheryl Washington Re: (A) Mailing of the Notice and the Proof of Claim and Release Form; (B) Publication of the Summary Notice; and (C) Report on Exclusion Requests Received filed by Norman M. Monait, Esq. (afb) (Entered: 01/08/2003) 01/13/ Letter to Court dated 01/13/03 from Norman M. Monhait re: enclosed Order and Final Judgments (DI #120 & #121). Included are the approved percentage and numbers with respect to the expense reimbursement. (afb) (Entered: 01/14/2003) 01/13/ Proposed Order and Final Judgment with Respect to the Individual Defendants filed by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp, KPMG LLP. (See Order for details.) (afb) Modified on 01/14/2003 (Entered: 01/14/2003) 01/13/ Proposed Order and Final Judgment with Respect to KPMG LLP filed by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp, KPMG LLP. (See Order for Details) (afb) Modified on 01/14/2003 (Entered: 01/14/2003) 01/13/ Supplemental AFFIDAVIT of Cheryl Washington re: Report on Exclusion Requests Received filed by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp, KPMG LLP. (afb) (Entered: 01/14/2003) 01/13/2003 Settlement conference held (Judge Farnan), V. Gunning ct. rptr. re: After incorporating changes counsel to present settlement papers to court on 01/13/02. (afb) (Entered: 01/14/2003) 01/14/2003 So Ordered [120-1] proposed order ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. Pltf.'s Counsel are hereby awarded 33-1/3% of the Gross Individual Defts.' Settlement Fund in fees, which the Court finds to be fair and reasonable, and $225, in reimbursement of expenses. (See order for details) (afb) Modified on 01/15/2003 (Entered: 01/15/2003) 01/14/2003 So Ordered [121-1] proposed order ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. Pltfs.' Counsel are hereby awarded 33-1/3% of the Gross KPMG Settlement Fund in fees, which the Court finds to be fair and reasonable, and

13 $31, in reimbursement of expenses. (See order for details) (afb) Modified on 01/15/2003 (Entered: 01/15/2003) 01/14/2003 JUDGMENT registered per DI #120. (afb) (Entered: 01/15/2003) 01/14/2003 JUDGMENT registered per DI #121. (afb) (Entered: 01/15/2003) 01/21/ Letter to Clerk dated 01/21/03 from Norman M. Monhait re: attached copy of a letter pltfs.' counsel sent to class memeber Steven Kolniak to implement a commitment counsel made to Judge Farnan at the settlement hearing on 01/13/03. (afb) Modified on 01/22/2003 (Entered: 01/22/2003) 02/21/ LETTER dtd. 2/21/03 to the Court from Norman M. Monhait encl. proposed order. (ssb) (Entered: 02/28/2003) 02/21/ Proposed Order that the name of Steven R. Kolniak, Esq. be striken from the List of Exclusions from the Purchaser Class attached as Exhibit A to Order entered in this matter on 1/14/03. (ssb) (Entered: 02/28/2003) 02/27/2003 So Ordered granting [125-1] proposed order ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (ssb) (Entered: 03/01/2003) 11/12/ MOTION by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp with Proposed Order for Distribution of Class Settlement Fund Answer Brief due 11/26/03 re: [126-1] motion (afb) (Entered: 11/12/2003) 11/12/ AFFIDAVIT of Sanford P. Dumain by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp in supp. of the [126-1] motion for Distribution of Class Settlement Fund (afb) (Entered: 11/12/2003) 11/12/ AFFIDAVIT of D. Lee Janvrin by Softest Inc Pension, Harry E. McLellan, Clifford Klovenski, Mark Carrothers, Karl Hempfling, Janice Anderson, Lyle Duncan, Wayland Sharp in support of the [126-1] motion for Distribution of Class Settlement Fund (afb) (Entered: 11/12/2003) 02/20/2004 So Ordered granting [126-1] proposed order that (1) The administrative determinations of the Claims Administrator accepting the claims as indicated on the computer printout of accepted claims submitted with and described in the Aff. of D. Lee Janvrin, including claims submitted after 02/12/03 up until 10/29/03 are approved and said claims are hereby accepted; (2) Gilardi & Co. LLC shall be paid the sum of $64,650. from the Stlmt. Funds for the balance of its fees reimb. of its expenses; (3) The Certified Public Accounting frim of Eisner LLP shall be paid the sum of $3,500 from the Stlmt. Funds. (see order for details) ( signed by Judge Joseph J. Farnan Jr. ) Notice to all parties. (afb) Modified on 4/1/2005 (afb, ). (Entered: 02/23/2004) 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

14 information. For more information visit the PACER site at