United States District Court Northern District of Illinois (Chicago) CIVIL DOCKET FOR CASE #: 1:01-cv-02110

Transcription

1 US District Court Civil Docket as of 02/21/2006 Retrieved from the court on Thursday, February 23, 2006 United States District Court Northern District of Illinois (Chicago) CIVIL DOCKET FOR CASE #: 1:01-cv In Re: Comdisco Sec Inc v., et al Assigned to: Hon. Milton I. Shadur Demand: $0 Cause: 28:1331 Federal Question Plaintiff Michael Blitzer individually and on behalf of all others similarly situated Date Filed: 03/26/2001 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question represented by Adam J. Levitt Wolf, Haldenstein, Adler, Freeman & Herz LLC 55 West Monroe Street Suite 111 Chicago, IL (312) Daniel W Krasner Wolf Haldenstein Adler Freeman & Hertz LLP 55 West Monroe Street Suite 1111 Chicago, NY (312) Plaintiff Moser, Peter represented by Moser, Peter PRO SE V. Defendant Comdisco, Inc. represented by Alan Norris Salpeter Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL (312)

2 Javier H. Rubinstein Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL (312) Michelle Louise Odorizzi Mayer, Brown, Rowe & Maw LLP 71 South Wacker Drive Chicago, IL (312) Defendant Nicholas K Pontickes represented by Alan Norris Salpeter Andrew W Worseck City of Chicago, Department of Law 30 North LaSalle Street Suite 900 Chicago, IL (312) aworseck@cityofchicago.org Javier H. Rubinstein John Frederick Schomberg Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL (312) john.schomberg@cityofchicago.org John Joseph Tharp, Jr. Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL (312)

3 Michelle Louise Odorizzi Defendant John J Vosicky represented by Alan Norris Salpeter Andrew W Worseck Javier H. Rubinstein John Frederick Schomberg John Joseph Tharp, Jr. Michelle Louise Odorizzi Date Filed # Docket Text 03/26/ MEMORANDUM ORDER entered by the Hon. Milton L. Shadur: Cour order entered establishing a separate case number and general caption "In re Comdisco Securities Litigation". (emd) (Entered: 03/29/2001) 04/02/ STATEMENT by defendants with respect to the grounds for dismissal of the complaint and with respect to class certification. (ac) (Entered: 04/04/2001) 04/02/ SUPPORTING EXHIBITS by defendants to statement with respect to the grounds for dismissal of the complaints and with respect to class certification [2-1]. (yp) (Entered: 04/04/2001) 04/04/ STATEMENT by plaintiff of Myron M. Cherry & Associates, LLP in compliance with paragraph 4 of the memorandum order dated 3/26/01 [1-1]. (yp) (Entered:

4 04/05/2001) 04/04/ STATEMENT by plaintiff of Cauley Geller Bowman & Coates, LLP in compiance with memorandum order dated 3/26/01 [1-1] (Attachments); Notice. (yp) (Entered: 04/05/2001) 04/04/ STATEMENT by plaintiff of Cauley Geller Bowman & Coates, LLP pursuant to paragraph 4(B) of courts memorandum order dated 3/26/01 [1-1]. (yp) (Entered: 04/09/2001) 04/04/ STATEMENT by plaintiff of Barrack, Rodos & Bacine in compliance with memrandum order dated 3/26/01 [1-1]. (yp) (Entered: 04/09/2001) 04/04/ STATEMENT by counsel for plaintiff John Hinsey regarding non-communication with other plaintiff's counsel. (yp) (Entered: 04/09/2001) 04/04/ STATEMENT by counsel for plaintiff John Hinsey regarding notice publication in compliance with 15 U.S.C. 78u-4(a)(3)(A) (Attachment); Notice. (yp) (Entered: 04/09/2001) 04/05/ STATEMENT by counsel for plaintiff Michael Mattie regarding noncommunication with other plaintiff's counsel [1-1]; Notice. (yp) Modified on 04/09/2001 (Entered: 04/09/2001) 04/05/ STATEMENT by Eugene A. Spector attorney for plaintiff John J Kuzia in accordance with this court's 3/26/01 order [1-1] (Attachment). (yp) Modified on 04/09/2001 (Entered: 04/09/2001) 04/05/ STATEMENT by counsel for plaintiff Michael Mattie regarding noncommunication with other plaintiffs' counsel. (yp) (Entered: 04/10/2001) 04/05/ STATEMENT by counsel for plaintiff Michael Mattie regarding notice publication in compliance with 15 U.S.C. 78u-4(a)(3)(A) (Attachment); Notice. (yp) Modified on 04/10/2001 (Entered: 04/10/2001) 04/05/ STATEMENT by Charles J. Piven as to there being no discussion with counsel regarding any aspects of the fee arrangements as specified in the court's order dated 3/26/01 [1-1]. (yp) (Entered: 04/10/2001) 04/05/ DECLARATION of Patrick V. Dahlstrom in accordance with the order of the court dated 3/26/01 [1-1] (Attachment). (yp) (Entered: 04/10/2001) 04/05/2001 STATEMENT of Weiss & Yourman pursuant to memorandum order [1-1] (Original in 01 C 1177) (eav) (Entered: 04/10/2001) 04/05/2001 STATEMENT by Stull Stull & Brody pursuant to memorandum order of 3/26/01 [1-1]. (Filed in 01 C 1177) (vmj) (Entered: 04/11/2001) 04/06/ MINUTE ORDER of 4/6/01 by Hon. Milton I. Shadur : Status hearing held. To simplify the further handling of these related putative class actions, all of the following actions are hereby dismissed without prejudice, 01 C 974, 01 C 998, 01 C 999, 01 C 1017, 01 C 1060, 01 C 1111, 01 C 1148, 01 C 1479, 01 C 1542, 01 C 1598 and 01 C All plaintiffs in the now-dismissed actions are made additional plaintiffs in Case No. 01 C 874. All counsel in the now-dismissed actions are made additional counsel for plaintiffs in Case No. 01 C 874. Until such

5 time as this court may determine the member or members of the putative plaintiff class, all prospective class representatives and their original counsel shall continue to comply with the conditions imposed by the March 26 Memoradum Order in these actions. (Entered Memorandum Orders.) Mailed notice by judge's staff (tlm) (Entered: 04/09/2001) 04/06/ MINUTE ORDER of 4/6/01 by Hon. Milton I. Shadur : Status hearing held. All attorneys of record in these actions, and any other attorneys, who have timely filed motions under Subsection (1)(3)(b) for any member of the putative class to serve as lead plaintiff, are authorized to file in this court's chambers on or before 05/04/01, sealed bids as to the fee arrangements under which they will be prepared to represent the plaintiff class in all actions other than Case No. 01 C 1177 if they are hereafter appointed to serve as class counsel or as co-class counsel in this entire class action litigation except for Case No. 01 C (Entered Memorandum Order) Mailed notice by jugde's staff (tlm) (Entered: 04/09/2001) 04/06/ STATEMENT by Andrew M Schatz pursuant to this court's order of 3/26/01 [1-1] (Attachments). (yp) (Entered: 04/10/2001) 04/09/2001 DECLARATION of Patrick V. Dahlstrom in support of Joseph D. Lyng and Gregory W. Davidovich's motion for appointment as lead plaintiffs and approval of lead plaintiff's selection of Lead counsel (Attachments)(Original in 01 C 874 ) (las) (Entered: 04/10/2001) 04/09/2001 MOTION by plaintiff of Alan Gordon for appointment as lead plaintiff ; Notice of filing ; Memorandum in support (Attachment) (Original in 01 C 874) (eav) (Entered: 04/10/2001) 04/09/2001 COMPENDIUM by Patrick V Dahlstrom of unreported decisions cited in the memorandum of law in support of the motion of Joseph D. Lyng and Gregory W. Davidovich for appointment as lead plaintiffs and approval of lead counsel under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 (Attachment) (Original in 01 C 874) (eav) (Entered: 04/10/2001) 04/09/2001 MEMORANDUM of law by plaintiff in support of proposed lead plaintiffs' motion for appointment as lead plaintiffs and approval of selection of co-lead counsel and liaison counsel. (Original in case 01 C 1177). (cem) (Entered: 04/10/2001) 04/09/2001 DECLARATION of Michael Bigin in support of proposed lead plaintiffs' motion for appointment of lead plaintiff and approval of selection of co-lead counsel and liaison counsel (Attachments) (Filed in 01 C 1177) (vmj) (Entered: 04/11/2001) 04/09/ MOTION by plaintiff for appointment of Peter Moser as lead plaintiff ; Notice of motion; Memorandum of Law In Support (eav) (Entered: 04/24/2001) 04/09/ DECLARATION of Mary Jane Fait in support of Peter Moser's motion for appointment as lead plaintiff [24-1] (Attachments) (eav) (Entered: 04/24/2001) 04/09/ MOTION by Commonwealth of PA State Employees' Retirement System's for appoint as lead plaintiff (Attachments). (vmj) (Entered: 04/24/2001) 04/09/ MOTION by Gail Fialkow for appointment as lead plaintiff ; Notice. (vmj) (Entered: 04/24/2001)

6 04/09/ MEMORANDUM by Commonwealth of PA in support of its motion for appointment as lead plaintiff [27-1]; Notice. (vmj) (Entered: 04/24/2001) 04/10/ MINUTE ORDER of 4/10/01 by Hon. Milton I. Shadur : This Court's sense is (1) that it would appear necessary for republication of an appropriate notice to take place in this case no. 01 C 2110 (and for the reasons expressed by this Court orally during the April 6 hearing, the content of that notice should be precleared with this Court) and (2) that the 90-day timetable for appointment of lead plaintiff specified in 15 U.S.C. 78u-4(a)(3)(B) is not presently operative. Moving counsel are expected to address the matters raised by this memorandum expeditiously. (Entered Memorandum.) Mailed notice by judge's staff (mw) (Entered: 04/12/2001) 04/11/ MOTION by plaintiff for a finding of relatedness (Attachments); Notice. (mw) (Entered: 04/12/2001) 04/11/ MINUTE ORDER of 4/11/01 by Hon. Milton I. Shadur : Plaintiff's motion for a finding of relatedness is granted [20-1]. This Court finds that the following action, Horkins v. Comdisco, Inc., et al, 01 CV 2492 to be related to 01 C 874 which is pending on my calendar. Mailed notice by judge's staff (mw) (Entered: 04/12/2001) 04/12/ MINUTE ORDER of 4/12/01 by Hon. Milton I. Shadur : In the same fasion as has been provided as to those earlier actions (except for case no. 01 C 1177) in this Court's 05/06/01 memorandum order. Case nos. 01 C 2438 and 01 C 2492 are dismissed without prejudice. Ostertag and Horkinses are made additional plaintiffs in case 01 C 874 and Ostertag's and Horkinses counsel are made additional plaintiffs' counsel in 01 C 874. (Entered Memorandum Order.) Mailed notice by judge's staff (mw) Modified on 04/13/2001 (Entered: 04/13/2001) 04/12/ MINUTE ORDER of 4/12/01 by Hon. Milton I. Shadur : In order that there be no misunderstanding in either of those respects, Milberg Weiss is directed to transmit a copy of this memorandum to its principals -- the entire set of decision makers for PASERS. And as contemplated by the attached 04/06/01 memorandum order, this Court awaits the filings by any bidders or other intrested parties not submitting a bid. (Entered Memorandum.) Mailed notice by judge's staff (mw) (Entered: 04/13/2001) 04/13/2001 STATEMENT of Futterman & Howard pursuant to memorandum order of 03/26/01 [1-1]; Notice (jmp) Modified on 04/16/2001 (Entered: 04/16/2001) 04/23/ MINUTE ORDER of 4/23/01 by Hon. Milton I. Shadur : Plaintiff Peter Moser's motion for appointment as lead plaintiff [24-1] is entered and continued. No notice (eav) (Entered: 04/24/2001) 05/03/ LEAD counsel proposal from Wechsler Harwood Halebian & Feffer LLP by movant Robert I Harwood (Attachment). (yp) Modified on 06/27/2001 (Entered: 06/27/2001) 05/04/ PROPOSAL of Spector, Roseman & Kodroff, P.C. seeking appointment to serve as lead counsel by Eugene A Spector (Attachment); Notice. (yp) Modified on 06/27/2001 (Entered: 06/27/2001) 05/04/ PROPOSAL in support of Wolf Halenstein Freeman Adler & Herz's appointment as lead counsel by Wolf Haldenstein (Attachment). (yp) (Entered: 06/27/2001)

7 05/08/ MINUTE ORDER of 5/8/01 by Hon. Milton I. Shadur: The time within which sealed bids for class representation may be submitted to this Court's chambers is extended to and including 5/21/01. Notices mailed by judge's staff (rmm) (Entered: 05/09/2001) 05/10/ SUPPLEMENTAL MEMORANDUM of law by Peter Moser in support of his motion for appointment as lead plaintiff [24-1] with opposition; Notice. (maf) (Entered: 05/18/2001) 05/10/ MEMORANDUM by Peter Moser in opposition to all other applications to be appointed as lead plaintiff [28-1], [27-1], [0-1] with memorandum in support; Notice. (maf) (Entered: 05/18/2001) 05/23/ DECLARATION of Karen M. Hanson in accordance with the order of the court dated 03/26/01 [1-1]. (fce) Modified on 05/29/2001 (Entered: 05/24/2001) 05/30/ MINUTE ORDER of 5/30/01 by Hon. Milton I. Shadur: This court grants Ceasar's oral motion to dismiss his complaint and this action. Ceasar's counsel has asked that the dismissal be without prejudice. To the extent that Ceasar might have a claim that comes within the class period specified in Case No. 01 C 2110, that motion will be granted - there is not reasons that Ceasar should not be able to participate in that class if he has any claim. To the extent that Ceasar seeks to keep a Damoclean sword suspended over defendants' heads for the short stub period 10/3/99 through 1/24/00, the motion is denied. Entered Memorandum Opinion and Order. Mailed notice (vmj) (Entered: 06/01/2001) 06/25/ MINUTE ORDER of 6/25/01 by Hon. Milton I. Shadur : For the reasons stated, (1) Peter Moser is designated as the most adequate plaintiff to represent the previouslydefined class in this action and (2) Moser's own counsel, the law firm of Wolf Haldenstein Adler Freeman & Herz, LLC, is approved as class counsel [24-1]. In further implementation of these rulings, Case No. 01 C 874 is dismissed without prejudice, with the amended complaint is further amended by deleting all name plaintiffs other than Peter Moser as class representatives and by deleting the names of all plaintiffs' counsel other than the Wolf firm. All other motions for appointment as lead plaintiff are denied [28-1], [27-1], [0-1] in 01 C 2110 and (17-1, 19-1) in 01 C 974. A Status is set to 7/17/01 at 9:00 a.m., Entered Memorandum Opinion and Order. (Attachment) Mailed notice by judge's staff. (yp) (Entered: 06/27/2001) 07/17/2001 SCHEDULE set on 7/17/01 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 9/10/01. No notice (srn) (Entered: 07/17/2001) 07/24/ NOTICE by defendant Comdisco Inc counsel of change of address. (lc) (Entered: 08/17/2001) 08/14/ NOTICE by defendant Comdisco Inc of bankruptcy (Attachments); Notice. (mw) (Entered: 08/16/2001) 09/04/ TRANSCRIPT of proceedings for the following date(s): 4/6/01 and 7/17/01 Before Honorable Milton I. Shadur [2 vols: 40-1, 40-2]. (vmj) Modified on 09/05/2001 (Entered: 09/05/2001) 09/10/2001 SCHEDULE set on 9/10/01 by Hon. Milton I. Shadur : Status hearing held. Status

8 hearing continued to 9:00 10/4/01. No notice (srn) (Entered: 09/10/2001) 09/14/ LETTER dated 9/14/01 from Javier H. Rubinstein to Judge Shadur. (cem) (Entered: 09/21/2001) 09/17/ LETTER dated 9/17/01 from Adam J. Levitt to Judge Shadur. (cem) (Entered: 10/02/2001) 09/21/ LETTER dated 09/21/01 from Adam J. Levitt to Judge Shadur. (tlm) (Entered: 10/01/2001) 09/26/ LETTER from Adam J. Levitt to Judge dated 9/26/01 (Attachments) (eav) (Entered: 09/27/2001) 09/26/ LETTER dated 09/26/01 to Judge Shadur from Javier H. Rubinstein. (tlm) (Entered: 10/01/2001) 10/01/ MINUTE ORDER of 10/1/01 by Hon. Milton I. Shadur : Plaintiff's motion for an order compelling the production of any directors' and officers' insurance policies and any other insurance policies is granted. Individual defendants' counsel are ordered to deliver photocopies of all insurance policies to class counsel forthwith. ( Entered Memorandum Opinion and Order.) Mailed notice (eav) (Entered: 10/03/2001) 10/02/2001 SCHEDULE set on 10/2/01 by Hon. Milton I. Shadur : Status hearing reset to 9:00 10/11/01. No notice (srn) (Entered: 10/02/2001) 10/11/2001 SCHEDULE set on 10/11/01 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 12/11/01. No notice (srn) (Entered: 10/11/2001) 12/11/2001 SCHEDULE set on 12/11/01 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 1/4/02. No notice (srn) (Entered: 12/11/2001) 01/30/2002 SCHEDULE set on 1/30/02 by Hon. Milton I. Shadur : Status hearing held. No notice (srn) (Entered: 01/30/2002) 02/01/ REPLY by plaintiff Peter Moser in support of his motion for reassignment based on relatedness; Notice. (cdy) (Entered: 02/05/2002) 08/28/2002 SCHEDULE set on 8/28/02 by Hon. Milton I. Shadur : Status hearing set to 9:00 9/12/02. Mailed notice (srn) (Entered: 08/28/2002) 08/28/2002 SCHEDULE set on 8/28/02 by Hon. Milton I. Shadur : Status hearing set to 9:00 9/11/02. Telephoned notice (srn) (Entered: 08/28/2002) 09/05/ NOTICE by Peter Moser of withdrawal of motion for reassignment based on relatedness; Notice (rmm) Modified on 09/10/2002 (Entered: 09/10/2002) 09/11/ MINUTE ORDER of 9/11/02 by Hon. Milton I. Shadur: Status hearing held and continued to 9:00 a.m. on 11/15/02. Plaintiff's amended complaint is to be filed on or before 11/12/02. No notice (fce) (Entered: 09/13/2002) 11/15/ AMENDED CLASS ACTION COMPLAINT by plaintiff for violations of the federal securities laws; Notice. (ntf) (Entered: 11/20/2002) 11/19/ MINUTE ORDER of 11/19/02 by Hon. Milton I. Shadur : Status hearing held and

9 continued to 12/17/02 at 9:00 a.m. Defendants' response to plaintiff's amended complaint is to be filed on or before 12/10/02. Mailed notice (ntf) (Entered: 11/20/2002) 11/22/ NOTICE by plaintiff of change of address. (ntf) (Entered: 11/25/2002) 12/10/ MOTION by defendants to dismiss the amended complaint, and to file instanter an oversized brief in support of their motion ; Notice (ntf) (Entered: 12/18/2002) 12/10/ EXHIBITS by defendant's Nicholas K Pontickes, John J Vosicky in support of defendants' memorandum in support of their motion to dismiss the amended class action complaint. (ntf) (Entered: 12/18/2002) 12/17/ MINUTE ORDER of 12/17/02 by Hon. Milton I. Shadur : Defendant's motion for leave to file instanter an oversized brief in support of their motion [53-2] is granted. Plaintiff's response to defendants' motion to dismiss the amended complaint [53-1] is due 01/22/03 followed by defendants' reply on 2/12/03. This Court orders that the law firm of Fisher and Fisher is to be removed from the service list as they were entered in error and not a party to this litigation. Mailed notice (ntf) (Entered: 12/18/2002) 12/17/ MEMORANDUM by defendants Nicholas K Pontickes, John J Vosicky in support of their motion to dismiss the amended class action complaint [53-1]. (ntf) (Entered: 12/18/2002) 12/30/ MINUTE ORDER of 12/30/02 by Hon. Milton I. Shadur :By agreement of the parties the briefing schedule on defendant's motion to dismiss is extended by two weeks. Plaintiff's response is now due 2/5/03 followed by the defendant's reply on 2/26/03 [53-1]. Mailed notice (emd) (Entered: 12/31/2002) 01/09/ TRANSCRIPT of proceedings for the following date(s): 09/10/01,10/11/01 Before Honorable Milton I. Shadur (58-1 through 58-2). (ntf) (Entered: 01/09/2003) 02/05/ UNOPPOSED MOTION by plaintiff for leave to file overlength memorandum of law in opposition to defendants' motion to dismiss the amended class action complaint ; Notice (ntf) Modified on 02/07/2003 (Entered: 02/07/2003) 02/06/ MINUTE ORDER of 2/6/03 by Hon. Milton I. Shadur : Plaintiff's unopposed motion for leave to file overlength memorandum of law in to defendants' motion to dismiss the amended class action complaint is granted [59-1]. Telephoned notice (ntf) (Entered: 02/07/2003) 02/06/ MEMORANDUM of law by plaintiff in opposition to defendants' motion to dismiss the amended class action complaint [53-1] (Attachments); Notice. (ntf) (Entered: 02/07/2003) 02/19/ UNOPPOSED MOTION by defendants Nicholas K Pontickes, John J Vosicky for extension of time in which to file their reply memorandum in support of their motion to dismiss ; Notice (ntf) (Entered: 02/27/2003) 02/26/ MINUTE ORDER of 2/26/03 by Hon. Milton I. Shadur : Defendants' unopposed motion for extension of time in which to file their reply memorandum in support of their motion to dismiss is granted [62-1]. Defendants have to and including 03/05/03 in which to file their reply memorandum in support of their motion to

10 dismiss. Mailed notice (ntf) (Entered: 02/27/2003) 03/05/ UNOPPOSED MOTION by defendants Nicholas K Pontickes, John J Vosicky to file instanter an oversized reply brief in support of their motion to dismsis ; Notice (ntf) (Entered: 03/11/2003) 03/10/ MINUTE ORDER of 3/10/03 by Hon. Milton I. Shadur : Defendants' unopposed motion to file instanter an oversized reply brief in support of their motion to dismsis is granted [64-1]. Telephoned notice (ntf) (Entered: 03/11/2003) 03/10/ REPLY memorandum by defendants Nicholas K Pontickes, John J Vosicky in support of their motion to dismiss the amended class action complaint [53-1]. (ntf) (Entered: 03/11/2003) 03/31/ MINUTE ORDER of 3/31/03 by Hon. Milton I. Shadur : Motion to dismiss the amended complaint is denied [53-1], and Pontikes and Vosicky are ordered to file an answer to the Complaint in this Court's chambers (with a copy of course to be delivered to class counsel) on or before 04/17/03. This action is set for a status at 8:45 a.m. on 4/21/03 to discuss the establishment of a plan to move the case forward to as expeditious a trial as possible, Entered Memorandum Opinion and Order. (Attachments) Notice mailed by judge's staff (ntf) (Entered: 04/01/2003) 04/17/ ATTORNEY APPEARANCE for Nicholas K Pontickes, John J Vosicky by John Joseph Tharp Jr., Andrew W Worseck (ntf) (Entered: 04/18/2003) 04/17/ ANSWER and affirmative defenses by defendants to amended class action complaint [50-1] (Attachments); Notice. (ntf) (Entered: 04/21/2003) 04/21/2003 SCHEDULE set on 4/21/03 by Hon. Milton I. Shadur : Status hearing held. Telephonic Status hearing continued to 8:45 7/24/03. In Court notice (srn) (Entered: 04/21/2003) 04/22/ MINUTE ORDER of 4/22/03 by Hon. Milton I. Shadur: (Entered Stipulation and Protective Order). No notice (ntf) (Entered: 04/25/2003) 07/24/2003 SCHEDULE set on 7/24/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 10/29/03. In Court notice (srn) (Entered: 07/24/2003) 10/27/ MOTION by Virginia Rosen for leave to intervene (Attachments); Notice (ntf) (Entered: 10/31/2003) 10/29/ MINUTE ORDER of 10/29/03 by Hon. Milton I. Shadur: Rosen's motion for leave to intervene [71-1] entered and continued to 11/17/03 at 8:45 a.m. Defendant's submission is due 11/12/03. answer brief due 11/12/03 No notice (ntf) (Entered: 10/31/2003) 11/04/ LETTER from plaintiff to Judge Shadur dated 11/04/03 (Attachments). (ntf) Modified on 11/07/2003 (Entered: 11/07/2003) 11/12/ STATEMENT by defendants Nicholas K Pontickes, John J Vosicky with respect to the nature and scope of the proposed class representative's deposition; Notice. (ntf) (Entered: 11/14/2003) 11/17/ MINUTE ORDER of 11/17/03 by Hon. Milton I. Shadur : Status hearing held and continued to 2/17/04 at 9:00 a.m. Virginia Rosen's motion for leave to intervene is

11 denied for the reasons stated orally [71-1]. Mailed notice (ntf) (Entered: 11/18/2003) 12/31/ ATTORNEY APPEARANCE for defendants Nicholas K Pontickes, John J Vosicky by John Frederick Schomberg; Notice. (ntf) (Entered: 01/02/2004) 02/03/ TRANSCRIPT of proceedings for the following date(s): 11/17/03 Before Honorable Milton I. Shadur (ntf) (Entered: 02/03/2004) 02/17/2004 SCHEDULE set on 2/17/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 3/9/04. In court notice (srn) (Entered: 02/17/2004) 03/01/ MINUTE ORDER of 3/1/04 by Hon. Milton I. Shadur : This action is to be reassigned to Judge Filip, therefore the March 09 status hearing set before Judge Shadur is vacated. Mailed notice (ntf) (Entered: 03/03/2004) 03/03/2004 EXECUTIVE committee 3/3/04 This case is reassigned to the Hon. Mark Filip Mailed notice (las) (Entered: 03/05/2004) 03/08/ REASSIGNMENT ORDER of 3/8/04 ; It appearing that Judge Filip has recused himself from this case, it is hereby reassigned to the calendar of the Honorable Milton I. Shadur pursuant to Inernal Operating Procedure 16(i). This case is reassigned to the Hon. Milton I. Shadur Mailed notice (las) (Entered: 03/10/2004) 03/29/2004 SCHEDULE set on 3/29/04 by Hon. Milton I. Shadur : Status hearing set to 9:00 4/14/04. Mailed notice (srn) (Entered: 03/29/2004) 04/12/2004 SCHEDULE set on 4/12/04 by Hon. Milton I. Shadur : Status hearing reset to 9:00 4/20/04. Telephoned notice (srn) (Entered: 04/12/2004) 04/20/2004 SCHEDULE set on 4/20/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 7/19/04. In court notice (srn) (Entered: 04/20/2004) 04/26/ MINUTE ORDER of 4/26/04 by Hon. Milton I. Shadur : In sum, this Court accordingly adheres to the analysis that it had set out more briefly in the opinion. Entered Memorandum Opinion and Order. Notice mailed by judge's staff (ntf) (Entered: 04/26/2004) 07/19/2004 SCHEDULE set on 7/19/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 8/10/04. In court notice (srn) (Entered: 07/19/2004) 08/10/2004 SCHEDULE set on 8/10/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 9/9/04. in court notice (srn) (Entered: 08/10/2004) 09/09/2004 SCHEDULE set on 9/9/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 11/10/04. In court notice (srn) (Entered: 09/09/2004) 11/05/ MOTION by plaintiff for class certification ; Memorandum of law in support; (Attachments); Notice (ntf) (Entered: 11/10/2004) 11/10/ MINUTE ORDER of 11/10/04 by Hon. Milton I. Shadur : Status hearing held and continued to 1/18/05 at 9:00 a.m. Plaintiff's motion for class certification [81-1] is entered and continued generally. No notice (ntf) (Entered: 11/10/2004) 11/12/ NOTICE of change of address by plaintiff's law firm of Raby, Murray, & Frank

12 LLP (nlf) (Entered: 11/16/2004) 01/18/ MINUTE entry before Judge Milton I. Shadur : Status hearing held on 1/18/2005 Plaintiff's Motion regarding discovery is due by 1/21/2005. Defendant's response is due February 4, In Court hearing on motion is set for 2/9/2005 at 08:45 AM. Status hearing set for 3/23/2005 at 09:00 AM. Counsel notified in court. (srn, ) (Entered: 01/19/2005) 01/21/ DECLARATION of Adam J. Levitt in support of plaintiff's motion to compel Comdisco Inc to comply with its subpoena obligations Exhibits A through X (85-1 through 85-2).(ntf, ) (Entered: 01/25/2005) 01/21/ MOTION by Plaintiff Michael Blitzer to compel Comdisco, Inc to comply with its subpoena obligations; Notice. (ntf, ) (Entered: 01/25/2005) 01/21/ MOTION by Plaintiff Michael Blitzer for leave to file an overlength memorandum of law in support of his motion to compel Comdisco, Inc. to comply with its subpoena obligations. (ntf, ) (Entered: 01/25/2005) 02/07/ DECLARATION of John J. Tharp, Jr. in support of Comdisco's response to plaintiff's motion to compel; Exhibits. (ntf, ) Modified on 12/27/2005 (ym, ). (Entered: 02/09/2005) 02/07/ MOTION by Defendant Comdisco, Inc. for leave to file instanter an overlength response to plaintiff's motion to compel. (Attachments: # 1)(ntf, ) (Entered: 02/09/2005) 02/11/ MINUTE entry before Judge Milton I. Shadur : Motion to compel 86 is granted in part in accordance with this Court's oral ruling with compliance to be completed by March 11, 2005, the remainder is entered and continued. Motion for leave to file excess pages 87 is granted, Motion to file instanter 89 is granted, Status hearing held on 2/11/2005 Status hearing set for 3/23/2005 at 09:00 AM. (srn, ) (Entered: 02/11/2005) 02/23/ NOTICE by Adam J. Levitt of Change of Address (ntf, ) (Entered: 02/28/2005) 03/23/ MINUTE entry before Judge Milton I. Shadur : Status hearing held on 3/23/2005 Status hearing set for 4/5/2005 at 08:45 AM. In court notice (srn, ) (Entered: 03/23/2005) 04/05/ MINUTE entry before Judge Milton I. Shadur : Motion to certify class 81 is withdrawn without prejudice. Status hearing held on 4/5/2005, Motions terminated:81 Status hearing set for 5/5/2005 at 08:45 AM. Mailed notice (srn, ) (Entered: 04/05/2005) 05/03/ MOTION by Plaintiff Michael Blitzer for preliminary approval of proposed class action settlement. (rbf, ) (Entered: 05/05/2005) 05/03/ NOTICE of Motion by Adam J. Levitt for presentment of motion for preliminary approval of proposed class action settlement 94 before Honorable Milton I. Shadur on 5/5/2005 at 08:45 AM. (rbf, ) (Entered: 05/05/2005) 05/03/ DECLARATION of Adam J Levitt in support of plaintiff's motion for preliminary approval of proposed class action settlement. (rbf, ) (Entered: 05/05/2005)

13 05/04/ MEMORANDUM by Michael Blitzer in Support of plaintiff's motion for preliminary approval of proposed class action settlement 94; Notice. (ntf, ) (Entered: 05/09/2005) 05/05/ MINUTE entry before Judge Milton I. Shadur : Status hearing held. Plaintiff's motion for preliminary approval of proposed class settlement 94 is granted. Enter Preliminary Approval Order. This action is provisionally certified as a class action, for purposes of settlement only, under Federal Rules of Civil Procedure 23(a)and (b)(3) and the Lead Plaintiff is appointed as the Settlement Class Representative. A settlement hearing is set for 07/14/05 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 05/10/2005) 05/05/ PRELIMINARY APPROVAL ORDER Signed by Judge Milton I. Shadur on 5/5/2005:Notice mailed by judge's staff (ntf, ) (Entered: 05/10/2005) 06/07/ NOTICE by defendants of Change of Address (ntf, ) (Entered: 06/10/2005) 06/09/ NOTICE by Alan Norris Salpeter of Change of Address (ntf, ) (Entered: 06/20/2005) 07/07/ MOTION by Plaintiff for final aproval of settlement; Notice. (ntf, ) (Entered: 07/12/2005) 07/07/ MEMORANDUM by plaintiff in Support of plaintiff's application for final aproval of settlement 102 (ntf, ) (Entered: 07/12/2005) 07/07/ MOTION by Plaintiff for award of attorney fees and reinburseent of expenses. (ntf, ) (Entered: 07/12/2005) 07/07/ MEMORANDUM by plaintiff in support of motion for award of attorney fees and reinburseent of expenses 104. (ntf, ) (Entered: 07/12/2005) 07/07/ DECLARATION of Adam J. Levitt in support of class action settlement and motion for award of attorney fees and reinburseent of expenses 104. (ntf, ) (Entered: 07/12/2005) 07/14/ MINUTE entry before Judge Milton I. Shadur : Settlement hearing held. Enter Order and Final Judgment. It is ordered that the Court finds all of the requirements for certification of a class for settlement purposes under Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure to be satisfied. The Stipulation and the Settlement are fair, reasonable and adequate, are in the best interests of the Settlement Class and the Stipulation and Settlement are hereby approved in all respects. The Court awards to Lead Counsel the sum of $2,475,000 in attorneys' fees and the sum of $226, as reimbursement of expenses, plus interest on such amounts in proportion to the interest earned on the Settlement Fund. It is expressly determined within the meaning of Rule 54(b) of the Fed.R.Civ.P. that there is no just reason for delay of entry of this Order and Final Judgment and the Clerk of Court is directed to enter his judgment forthwith. No notice (ntf, ) (Entered: 07/18/2005) 07/14/ ORDER and Final Judgment. Signed by Judge Milton I. Shadur on 7/14/2005:No notice(ntf, ) (Entered: 07/18/2005) 02/13/ APPLICATION by Comdisco, Inc. for Review of Denial Claim (Attachments: # 1

14 Certificate of Service # 2 Exhibit 1& 2# 3 Exhibit 3 & 4# 4 Exhibit 5# 5 Exhibit 6 thru 10)(Tharp, John) (Entered: 02/13/2006) 02/13/ NOTICE of Motion by John Joseph Tharp, Jr for presentment of before Honorable Milton I. Shadur on 2/28/2006 at 09:15 AM. (Tharp, John) (Entered: 02/13/2006) 02/21/ RESPONSE to application109 of Comdisco, Inc., for Review of Denial of Claim by Lead Counsel (Levitt, Adam) (Entered: 02/21/2006) 02/21/ NOTICE by Moser, Peter re Response111 Notice of Filing (Levitt, Adam) (Entered: 02/21/2006) 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