U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:05-cv DAP

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1 US District Court Civil Docket as of 01/04/2006 Retrieved from the court on Tuesday, February 21, 2006 U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:05-cv DAP Cescato et al v. Anthem, Inc. et al Assigned to: Hon. Dan Aaron Polster Demand: $750,000,000 Cause: 28:1331 Fed. Question: Breach of Contract Date Filed: 08/16/2005 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question Plaintiff Daniel J. Cescato represented by Dennis P. Barron 582 Torrence Lane Cincinnati, OH LEAD ATTORNEY Paul W. Flowers 35th Floor 50 Public Square Cleveland, OH Fax: Plaintiff Kevin T. Heekin On Behalf of Themselves and All Others Similarly Situated represented by Dennis P. Barron LEAD ATTORNEY Paul W. Flowers V. Anthem, Inc. now known as represented by John Winship Read Vorys, Sater, Seymour & Pease

2 WellPoint, Inc One Cleveland Center 1375 East Ninth Street Cleveland, OH Fax: Anthem Insurance Companies, Inc. represented by John Winship Read Goldman, Sachs & Company represented by David C. Weiner Squire Sanders & Dempsey 4900 Key Tower 127 Public Square Cleveland, OH Fax: Date Filed # Docket Text 08/16/ Complaint with jury demand against Anthem, Inc., Anthem Insurance Companies, Inc. & Goldman, Sachs & Company. Filed by Daniel J. Cescato & Kevin T. Heekin. (Waivers issued) Filing fee paid; receipt number (Attachments: # 1 Exhibit A; # 2 Exhibit B; # 3 Exhibit C; # 4 Exhibit D; # 5 Exhibit E; # 6 Exhibit F; # 7 Exhibit G; # 8 Civil Cover Sheet) (C, BA). Modified text on 10/12/2005 (H, S P). (Entered: 08/17/2005) 08/16/ Random Assignment of Magistrate Judge Hemann (C, BA) (Entered: 08/17/2005) 10/03/ Praecipe for original summons filed by all plaintiffs.(issued) (C, K A) (Entered: 10/04/2005) 10/04/ Waiver of Summons by Raymond L. Umstead of Wellpoint, Inc., returned. Waiver mailed on 8/17/05, filed by all plaintiffs. (C, K A) (Entered: 10/04/2005) 10/13/ Memorandum in Support of motion to change/transfer venue filed by Anthem Insurance Companies, Inc., Anthem, Inc., (related doc 7) (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Read, John) Modified text/filers/added link/termed motion (wrong event) 10/17/2005 (C, K A). (Entered: 10/13/2005) 10/13/ Notice (Local Rule 7.1 Certification) filed by Anthem Insurance Companies, Inc..

3 (Read, John) (Entered: 10/13/2005) 10/13/ Motion to change/transfer venue filed by Anthem, Inc., Anthem Insurance Companies, Inc.. (Read, John) (Entered: 10/13/2005) 10/13/ Motion to dismiss for Lack of Personal Jurisdiction and Improper Venue filed by Anthem, Inc., Anthem Insurance Companies, Inc. (Read, John) Modified text/filers 10/17/2005 (C, K A). (Entered: 10/13/2005) 10/13/ Memorandum in Support of motion to dismiss for lack of jurisdiction filed by Anthem, Inc., Anthem Insurance Companies, Inc., (related doc 8). (Attachments: # 1 Exhibit 1)(Read, John) Modified text/filers/termed motion (wrong event) 10/17/2005 (C, K A). (Entered: 10/13/2005) 10/13/ Notice (Local Rule 7.1 Certification) filed by Anthem, Inc.. (Read, John) (Entered: 10/13/2005) 10/13/ Corporate Disclosure Statement filed by Anthem, Inc.. (Read, John) (Entered: 10/13/2005) 10/13/ Corporate Disclosure Statement filed by Anthem Insurance Companies, Inc.. (Read, John) (Entered: 10/13/2005) 10/17/ Proposed Stipulation For Leave to Move or Plead until 11/7/05 filed by Anthem, Inc., Anthem Insurance Companies, Inc., Daniel Cescato and Kevin Heekin. Related document(s)1. (Read, John) Modified text/filers 11/4/2005 (C, K A). (Entered: 10/17/2005) 10/20/ Stipulation & Order granting Anthem Insurance until 11/7/05 to answer complaint. Signed by Judge Dan Aaron Polster on 10/20/05. (P, R) (Entered: 10/20/2005) 10/21/ Proposed Stipulation that, Goldman, Sachs & Co., has until and including November 7, 2005 to move or otherwise respond to Plaintiffs' Complaint. filed by Goldman, Sachs & Company, Daniel Cescato and Kevin Heekin. Related document(s)1. (Weiner, David) Modified text/filers 11/4/2005 (C, K A). (Entered: 10/21/2005) 10/24/ Stipulation & Order granting Goldman, Sachs until 11/7/05 to respond to complaint. Signed by Judge Dan Aaron Polster on 10/24/05. (P, R) (Entered: 10/24/2005) 11/06/ Attorney Appearance filed by Paul W. Flowers on behalf of all plaintiffs. (Flowers, Paul) Modified text of docket entry on 11/7/2005 (B, B). (Entered: 11/06/2005) 11/06/ First Amended Class Action Complaint with jury demand against all defendants. Filed by Daniel J. Cescato, Kevin T. Heekin. (Flowers, Paul) Modified text of docket entry on 11/7/2005 (B, B). (Entered: 11/06/2005) 11/11/ Motion for extension of time until 30 days after Transfer Motion is decided to answer or move against the Amended Complaint filed by Goldman, Sachs & Company. Related document(s)18. (Attachments: # 1 Memorandum in Support of its Motion to Extend)(Weiner, David) (Entered: 11/11/2005) 11/11/ Corporate Disclosure Statement filed by Goldman, Sachs & Company. (Weiner, David) (Entered: 11/11/2005)

4 11/15/2005 Order (non-document) granting 19 Goldman Sachs' Motion for Extension of Time until 30 days after ruling on motion to transfer to answer amended complaint. By Judge Dan Aaron Polster on 11/15/05.(P, R) (Entered: 11/15/2005) 11/15/ Unopposed Motion for extension of time until November 18, 2005 to Respond to Motion to Dimiss and Motion to Change/Transfer Venue filed by all plaintiffs. Related document(s)7, 8. (Flowers, Paul) Modified on 11/28/2005 (C, K A). (Entered: 11/15/2005) 11/16/2005 Order (non-document) granting 21 Plaintiff's Unopposed Motion for Extension of Time until 11/18/05 to respond to motion to dismiss and motion to change/transfer venue. By Judge Dan Aaron Polster on 11/16/05.(P, R) (Entered: 11/16/2005) 11/18/ Opposition to Motion to dismiss for Lack of Personal Jurisdiction and Improper Venue filed by all plaintiffs. Related document(s)8. (Attachments: # 1 Exhibit A# 2 Exhibit A1# (3) Exhibit A2)(Flowers, Paul) Modified text of docket entry on 11/23/2005 (B, B). ( sent to attorney on 11/23/2005 re: including personal identifiers) (Entered: 11/18/2005) 11/18/ Opposition to Motion to transfer venue filed by all plaintiffs. Related document(s)7. (Flowers, Paul) Modified text of docket entry on 11/23/2005 (B, B). (Entered: 11/18/2005) 11/21/ Unopposed Motion for extension of time to answer the Amended Complaint filed by Anthem, Inc., Anthem Insurance Companies, Inc.. Related document(s)18. (Read, John) (Entered: 11/21/2005) 11/22/2005 Order (non-document) granting 24 Anthem's Motion for Extension of Time to Answer. Answer due 30 days after ruling on motion to transfer. By Judge Dan Aaron Polster on 11/22/05.(P, R) (Entered: 11/22/2005) 11/23/ Stipulated Motion for leave to Move or Plead until 11/7/05 filed by Anthem, Inc., Anthem Insurance and Daniel Cescato. Related document(s)18. (Read, John) Modified text/filers 11/28/2005 (C, K A). (Entered: 11/23/2005) 11/23/ Stipulated Motion for leave to Plead until 11/9/05 filed by Anthem, Inc., Anthem Insurance and Daniel Cescato. Related document(s)18. (Read, John) Modified text/filers 11/28/2005 (C, K A). (Entered: 11/23/2005) 11/28/ Exhibit(s) filed by all plaintiffs. Related document(s)22. (Flowers, Paul) (Entered: 11/28/2005) 11/28/ Exhibit(s) filed by all plaintiffs. Related document(s)22. (Flowers, Paul) (Entered: 11/28/2005) 12/07/2005 Order (non-document) granting Anthem, Inc. and Anthem Insurance Companies until 30 days after ruling on motion to transfer to answer amended complaint. By Judge Dan Aaron Polster on 12/7/05. (P, R) (Entered: 12/07/2005) 12/09/ Reply to response to Motion to change/transfer venue filed by Anthem, Inc., Anthem Insurance Companies, Inc.. Related document(s)7. (Read, John) (Entered: 12/09/2005) 12/12/ Notice of Correction filed by Anthem, Inc., Anthem Insurance Companies, Inc..

5 Related document(s)29. (Read, John) (Entered: 12/12/2005) 12/21/ Memorandum of Opinion and Order granting Anthem, Inc. and Anthem Insurance Companies, Inc's 7 Motion to change/transfer venue, and denying as moot 8 Motion to dismiss for Lack of Personal Jurisdiction and Improper Venue. Case transferred to U.S. District Court for the Southern District of Indiana. Signed by Judge Dan Aaron Polster on 12/21/05. (P, R) (Entered: 12/21/2005) 12/22/ Certified copies of the closing order and docket sheet were sent to the U.S. District Court for the Southern District of Indiana on 12/22/2005. (B, B) (Entered: 12/22/2005) 01/04/ Acknowledgment of receipt of transfer. (C, K A) (Entered: 01/04/2006) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at