U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:03-cv KAM

US District Court Civil Docket as of 04/27/2007 Retrieved from the court on Thursday, July 26, 2007 U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:03-cv-80099-KAM Kaplan, et al v. Voiceflash Network, et al Assigned to: Judge Kenneth A. Marra Referred to: Magistrate Judge Linnea R. Johnson Demand: $0 Cause: 15:0078 Securities Exchange Act Plaintiff Lawrence Kaplan Individually And On Behalf Of All Others Similarly Situated Date Filed: 02/11/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by James Tullman Weiss & Yourman 10940 Wilshire Boulevard 24th Floor Los Angeles, CA 90024 310-208-2800 Joseph H. Weiss Weiss & Yourman 551 5th Avenue Suite 1600 New York, NY 10176-0001 212-682-3025 Jules Brody Stull Stull & Brody 6 E 45th Street Suite 500 New York, NY 10017 212-687-7230 Fax: 490-2022 Julie Prag Vianale Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL 33431 561-392-4750

Fax: 392-4775 Email: jvianale@vianalelaw.com Kenneth J. Vianale Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL 33431 561-392-4750 Fax: 392-4775 Deborah Jeanne Ryan Ryan & Dunn 3900 NW 79 Avenue Suite 417 Miami, FL 33166 305-513-3303 Fax: 513-3310 Plaintiff Stanley Kaplan Individually And On Behalf Of All Others Similarly Situated represented by James Tullman Joseph H. Weiss Jules Brody Julie Prag Vianale Kenneth J. Vianale

Deborah Jeanne Ryan V. Defendant Voiceflash Networks, Inc Defendant Robert J. Kaufman represented by David Charles Pollack Stearns Weaver Miller Weissler Alhadeff & Sitterson Museum Tower 150 W Flagler Street Suite 2200 Miami, FL 33130 305-789-3200 Fax: 789-3395 Email: dpollack@swmwas.com Jose Guillermo Sepulveda Stearns Weaver Miller Weissler Alhadeff & Sitterson Museum Tower 150 W Flagler Street Suite 2200 Miami, FL 33130 305-789-3200 Fax: 789-3395 Email: jsepulveda@swmwas.com Richard Bryan Jackson Stearns Weaver Miller Weissler Alhadeff & Sitterson Museum Tower 150 W Flagler Street Suite 2200 Miami, FL 33130 305-789-3200 Fax: 305-789-3395 Email: rjackson@swmwas.com

Defendant Thomas C. Teper represented by David Charles Pollack Jose Guillermo Sepulveda Richard Bryan Jackson Defendant Steven Serle represented by David Charles Pollack Jose Guillermo Sepulveda Richard Bryan Jackson Defendant Mark Brody represented by David Charles Pollack Jose Guillermo Sepulveda Richard Bryan Jackson V. Consol Defendant

Sherb & Co., LLP represented by Elise Dameron Weakley Proskauer Rose 2255 Glades Road Suite 340 West Boca Raton, FL 33431-7360 561-241-7400 Fax: 241-7145 Email: lweakley@proskauer.com James Miller Kaplan Wilson Elser Moskowitz Edelman & Dicker Bank of America Tower 100 SE 2nd Street Suite 3800 Miami, FL 33131 305-374-4400 Fax: 579-0261 Email: james.kaplan@wilsonelser.com Thomas W. Hyland Wilson Elser Moskowitz Edelman & Dicker 150 E 42 Street New York, NY 10017-5639 Plaintiff Justin Capital Management represented by Julie Prag Vianale Kenneth J. Vianale Deborah Jeanne Ryan Plaintiff Linda Meltzer represented by Julie Prag Vianale

Kenneth J. Vianale Deborah Jeanne Ryan Date Filed # Docket Text 02/11/2003 1 CLASS ACTION COMPLAINT filed; FILING FEE $150.00 RECEIPT # 717707; A-3 Magistrate Judge Barry S. Seltzer (at, Deputy Clerk) (Entered: 02/13/2003) 02/11/2003 1 JURY TRIAL DEMANDED by Lawrence Kaplan, Stanley Kaplan (at, Deputy Clerk) (Entered: 02/13/2003) 03/03/2003 2 SUMMONS(ES) issued for Voiceflash Network (lh, Deputy Clerk) (Entered: 03/04/2003) 03/06/2003 3 MOTION by Lawrence Kaplan, Stanley Kaplan for Jules Brody to appear pro hac vice $75 fee paid (mh, Deputy Clerk) (Entered: 03/07/2003) 03/06/2003 Filing Fee Paid; FILING FEE $75 RECEIPT #878467 for Jules Brody to appear pro hav vice (mh, Deputy Clerk) (Entered: 03/07/2003) 03/06/2003 4 ORDER requiring counsel to confer, file joint scheduling report and file joint discovery report (Signed by Judge Kenneth A. Marra on 3/6/03) [EOD Date: 3/7/03] (ss, Deputy Clerk) (Entered: 03/07/2003) 03/07/2003 5 ORDER granting [3-1] motion for Jules Brody to appear pro hac vice ( Signed by Judge Kenneth A. Marra on 3/7/03) [EOD Date: 3/10/03] (lh, Deputy Clerk) (Entered: 03/10/2003) 04/21/2003 6 MOTION by Lawrence Kaplan, Stanley Kaplan to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of co-lead and liaison counsel (lh, Deputy Clerk) (Entered: 04/22/2003) 04/21/2003 7 MEMORANDUM by Lawrence Kaplan, Stanley Kaplan in support of [6-1] motion to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of colead and liaison counsel (lh, Deputy Clerk) (Entered: 04/22/2003) 04/21/2003 8 Declaration/Statement of Kenneth J. Vianale re: [6-1] motion to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of co-lead and liaison counsel

(lh, Deputy Clerk) (Entered: 04/22/2003) 05/14/2003 9 MOTION by Lawrence Kaplan, Stanley Kaplan for James Tullman to appear pro hac vice (hd, Deputy Clerk) (Entered: 05/15/2003) 05/14/2003 Filing Fee Paid; FILING FEE $75.00 RECEIPT #882316 (hd, Deputy Clerk) (Entered: 05/15/2003) 05/20/2003 10 ORDER granting [9-1] motion for James Tullman to appear pro hac vice ( Signed by Judge Kenneth A. Marra on 5/20/03) [EOD Date: 5/21/03] (lh, Deputy Clerk) (Entered: 05/21/2003) 06/19/2003 11 JOINT MOTION by Lawrence Kaplan, Stanley Kaplan, Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to consolidate cases, and to extend time of pre-trial deadlines (lh, Deputy Clerk) (Entered: 06/20/2003) 07/31/2003 12 ORDER granting [11-1] joint motion to consolidate cases, granting [11-2] joint motion to extend time of pre-trial deadlines, granting [6-1] motion to consolidate, appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approval of lead plaintiffs' selection of co-lead and liaison counsel ( Signed by Judge Kenneth A. Marra on 7/31/03) [EOD Date: 8/1/03] (lh, Deputy Clerk) (Entered: 08/01/2003) 07/31/2003 Consolidated Lead Case (lh, Deputy Clerk) (Entered: 08/01/2003) 07/31/2003 DOCKET pleadings in LEAD case only (lh, Deputy Clerk) (Entered: 08/01/2003) 10/22/2003 13 ORDER denying as moot [6-1] motion to consolidate, granting appointment as lead plaintiffs uner section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and granting approval of lead plaintiffs' selection of co-lead and liaison counsel ( Signed by Judge Kenneth A. Marra on 10/22/03) [EOD Date: 10/23/03] (Former Deputy Clerk) (Entered: 10/23/2003) 12/18/2003 14 AGREED MOTION by Lawrence Kaplan, Stanley Kaplan to extend time to file consolidated amended class action complaint (mh, Deputy Clerk) (Entered: 12/18/2003) 12/19/2003 15 ORDER granting [14-1] motion to extend time to file consolidated amended class action complaint. Lead Plaintiffs shall file and serve on or before 1/21/04 ( Signed by Judge Kenneth A. Marra on 12/18/03) [EOD Date: 12/19/03] (Former Deputy Clerk) (Entered: 12/19/2003) 01/15/2004 16 AGREED MOTION by Lawrence Kaplan, Stanley Kaplan to extend time to file consolidated amended class action complaint (mh, Deputy Clerk) (Entered: 01/15/2004) 01/21/2004 17 ORDER granting [16-1] motion to extend time to file consolidated amended class action complaint ( Signed by Judge Kenneth A. Marra on 1/21/04) [EOD Date: 1/22/04] (Former Deputy Clerk) (Entered: 01/22/2004) 03/09/2004 18 DEMAND for jury trial by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer (Former Deputy Clerk) (Entered: 03/11/2004) 03/10/2004 18 FIRST AMENDED CLASS ACTION COMPLAINT by Lawrence Kaplan, Stanley Kaplan, (Answer due 3/22/04 for Mark Brody, for Steven Serle, for Thomas C.

Teper, for Robert J. Kaufman, for Voiceflash Network ) amending [1-1] complaint adding Justin Capital, Linda Meltzer (Former Deputy Clerk) (Entered: 03/11/2004) 04/12/2004 19 AGREED MOTION with memorandum in support by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to respond to the first amended class action complaint (gp, Deputy Clerk) (Entered: 04/13/2004) 04/14/2004 20 ORDER granting [19-1] motion to extend time to respond to the first amended class action complaint resetting answer due for 5/27/04 for Mark Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman ( Signed by Judge Kenneth A. Marra on 4/13/04) [EOD Date: 4/15/04] (Former Deputy Clerk) (Entered: 04/15/2004) 04/27/2004 21 AGREED MOTION by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to respond to the First Amended Class Action Complaint (wc, Deputy Clerk) (Entered: 04/28/2004) 04/29/2004 22 ORDER granting [21-1] motion to extend time to respond to the First Amended Class Action Complaint resetting answer due for 7/12/04 for Mark Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman, for Voiceflash Network ( Signed by Judge Kenneth A. Marra on 4/29/04) [EOD Date: 4/30/04] (Former Deputy Clerk) (Entered: 04/30/2004) 04/29/2004 23 SUGGESTION OF DEATH on the record of Defendant Robert J. Kaufman by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody (wc, Deputy Clerk) (Entered: 04/30/2004) 05/25/2004 24 AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time to respond to first amended class action complaint (Former Deputy Clerk) (Entered: 05/25/2004) 05/25/2004 25 ORDER granting [24-1] motion to extend time to respond to first amended class action complaint resetting answer due for 7/12/04 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 5/25/04) [EOD Date: 5/26/04] (Former Deputy Clerk) (Entered: 05/26/2004) 06/17/2004 26 AGREED MOTION by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to respond to the first amended class action complaint (tb, Deputy Clerk) (Entered: 06/18/2004) 06/18/2004 27 ORDER granting [26-1] motion to extend time to respond to the first amended class action complaint resetting answer due for 8/11/04 for Sherb & Co., LLP, for Mark Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman, for Voiceflash Network ( Signed by Judge Kenneth A. Marra on 6/18/04) [EOD Date: 6/21/04] (Former Deputy Clerk) (Entered: 06/21/2004) 07/09/2004 28 AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time to respond to First Amended Class Action Complaint (wc, Deputy Clerk) (Entered: 07/13/2004) 07/15/2004 29 ORDER granting [28-1] motion to extend time to respond to First Amended Class Action Complaint resetting answer due for 8/11/04 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 7/15/04) [EOD Date: 7/16/04] (Former Deputy Clerk) (Entered: 07/16/2004)

08/11/2004 30 MOTION with memorandum in support by Sherb & Co., LLP to dismiss first amended class action complaint (Former Deputy Clerk) (Entered: 08/11/2004) 08/11/2004 31 MOTION with memorandum in support by Thomas C. Teper, Steven Serle, Mark Brody to dismiss First Amended Complaint (Former Deputy Clerk) (Entered: 08/12/2004) 08/11/2004 32 AFFIDAVIT of Jose G. Sepulveda Re: [31-1] motion to dismiss First Amended Complaint (Former Deputy Clerk) (Entered: 08/12/2004) 08/11/2004 33 REQUEST by Thomas C. Teper, Steven Serle, Mark Brody for Oral Argument on [30-1] motion to dismiss first amended class action complaint (Former Deputy Clerk) (Entered: 08/12/2004) 09/22/2004 34 AGREED MOTION by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer for extension of time to file opposition to defendants' motions to dismiss (ss, Deputy Clerk) (Entered: 09/22/2004) 09/24/2004 35 ORDER granting [34-1] motion for extension of time to file opposition to defendants' motions to dismiss ( Signed by Judge Kenneth A. Marra on 9/24/04) [EOD Date: 9/27/04] (Former Deputy Clerk) (Entered: 09/27/2004) 10/20/2004 36 AGREED MOTION by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer for enlargement of pages (exess 20 pages) (gp, Deputy Clerk) (Entered: 10/20/2004) 10/25/2004 37 MEMORANDUM by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer in opposition to [30-1] motion to dismiss the first amended class action complaint (ss, Deputy Clerk) (Entered: 10/26/2004) 10/25/2004 38 MEMORANDUM of LAW by Lawrence Kaplan, Stanley Kaplan in opposition to [31-1] motion to dismiss First Amended Complaint (gp, Deputy Clerk) (Entered: 10/26/2004) 10/25/2004 39 ORDER granting [36-1] motion for enlargement of pages (exess 20 pages) ( Signed by Judge Kenneth A. Marra on 10/25/04) [EOD Date: 10/27/04] (Former Deputy Clerk) (Entered: 10/27/2004) 11/12/2004 40 AGREED MOTION by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to extend time to serve their reply memorandum in support of their motion to dismiss (Former Deputy Clerk) (Entered: 11/16/2004) 11/15/2004 41 ORDER granting [40-1] motion to extend time to serve their reply memorandum in support of their motion to dismiss. The Individual Defendants shall serve reply on or before 12/10/04 ( Signed by Judge Kenneth A. Marra on 11/15/04) [EOD Date: 11/17/04] (Former Deputy Clerk) (Entered: 11/17/2004) 11/23/2004 42 AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time to reply to memorandum in opposition to motion to dismiss (gp, Deputy Clerk) (Entered: 11/24/2004) 11/29/2004 43 ORDER granting [42-1] motion to extend time to reply to memorandum in opposition to motion to dismiss Reply to Response to Motion reset to 12/10/04 for [30-1] motion to dismiss first amended class action complaint ( Signed by Judge

Kenneth A. Marra on 11/29/04) [EOD Date: 12/2/04] (Former Deputy Clerk) (Entered: 12/02/2004) 12/01/2004 44 UNOPPOSED MOTION with memorandum in support by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody for leave to exceed page limitations on their reply memorandum in support of their motion to dismiss (Former Deputy Clerk) (Entered: 12/06/2004) 12/02/2004 45 ORDER granting [44-1] motion for leave to exceed page limitations on their reply memorandum in support of their motion to dismiss ( Signed by Judge Kenneth A. Marra on 12/2/04) [EOD Date: 12/7/04] (Former Deputy Clerk) (Entered: 12/07/2004) 12/10/2004 46 REPLY MEMORANDUM by Thomas C. Teper, Steven Serle, Mark Brody in support of [31-1] motion to dismiss First Amended Complaint (Former Deputy Clerk) (Entered: 12/13/2004) 12/10/2004 47 REPLY MEMORANDUM by Sherb & Co., LLP in support of [30-1] motion to dismiss first amended class action complaint (Former Deputy Clerk) (Entered: 12/13/2004) 03/30/2005 48 ORDER granting, without prejudice, with leave to amend [31-1] motion to dismiss First Amended Complaint granting without prejudice, with leave to amend [30-1] motion to dismiss first amended class action complaint denying as moot [33-1] motion for Oral Argument on [30-1] motion to dismiss first amended class action complaint ( Signed by Judge Kenneth A. Marra on 3/30/05) [EOD Date: 3/31/05] (Former Deputy Clerk) (Entered: 03/31/2005) 03/30/2005 49 AGREED MOTION with memorandum in support by Robert J. Kaufman, Thomas C. Teper, Steven Serle, Mark Brody to dismiss of Robert Kaufman, Deceased (Former Deputy Clerk) (Entered: 04/01/2005) 04/01/2005 50 ORDER granting [49-1] motion to dismiss of Robert Kaufman, Deceased. Robert Kaufman, Deceased, is hereby dismissed from this action, with prejudice to plaintiffs' seeking to substitute the personal representative of his estate. (Signed by Judge Kenneth A. Marra on 04/01/05) [EOD Date: 4/5/05] (gp, Deputy Clerk) (Entered: 04/05/2005) 04/12/2005 51 NOTICE of Change of Address of Attorneyu by Lawrence Kaplan, Stanley Kaplan (gp, Deputy Clerk) (Entered: 04/12/2005) 04/13/2005 52 JOINT STATUS REPORT by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer (gp, Deputy Clerk) (Entered: 04/13/2005) 04/18/2005 53 ORDER approving joint status report on briefing schedule ( Signed by Judge Kenneth A. Marra on 4/18/05) [EOD Date: 4/20/05] (Former Deputy Clerk) (Entered: 04/20/2005) 04/19/2005 54 NOTICE of Unavailability by Thomas C. Teper, Steven Serle, Mark Brody for dates of: 6/10/05 through 6/20/05, 6/25/05 through 7/4/05, 7/15/05 through 7/24/05 and 8/19/05 through 8/29/05 (Former Deputy Clerk) (Entered: 04/22/2005) 05/31/2005 55 Second AMENDED COMPLAINT by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer, (Answer due 6/10/05 for Sherb & Co., LLP, for Mark

Brody, for Steven Serle, for Thomas C. Teper, for Robert J. Kaufman, for Voiceflash Network ) amending [1-1] complaint (gz, Deputy Clerk) (Entered: 06/01/2005) 07/15/2005 56 MOTION with memorandum in support by Sherb & Co., LLP to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 07/15/2005) 07/15/2005 57 MOTION with memorandum in support by Thomas C. Teper to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 07/18/2005) 08/24/2005 58 Agreed MOTION by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer to extend time to file opposition to motion to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 08/24/2005) 08/25/2005 59 ORDER granting [58-1] motion to extend time to file opposition to motion to dismiss second amended complaint. Lead plaintiffs shall file response to motion on or before 9/2/05 ( Signed by Judge Kenneth A. Marra on 8/25/05) [EOD Date: 8/29/05] (gz, Deputy Clerk) (Entered: 08/29/2005) 09/02/2005 60 MEMORANDUM of law by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer in opposition to [57-1] motion to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 09/02/2005) 09/02/2005 61 MEMORANDUM of law by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer in opposition to [56-1] motion to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 09/02/2005) 09/02/2005 62 REQUEST by Lawrence Kaplan, Stanley Kaplan, Justin Capital, Linda Meltzer for Hearing on [56-1] motion to dismiss second amended complaint, [57-1] motion to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 09/02/2005) 09/29/2005 63 REPLY BRIEF by Sherb & Co., LLP in further support of [56-1] motion to dismiss second amended complaint (gz, Deputy Clerk) (Entered: 09/30/2005) 09/29/2005 64 REPLY Memorandum in support by Thomas C. Teper to [57-1] motion to dismiss second amended class action complaint (gz, Deputy Clerk) (Entered: 09/30/2005) 03/20/2006 65 ORDER and OPINION granting in part, denying in part [57-1] motion to dismiss second amended class action complaint; denying [56-1] motion to dismiss second amended complaint; denying as moot [62-1] motion for Hearing on [56-1] motion to dismiss second amended complaint, [57-1] motion to dismiss second amended class action complaint ( Signed by Judge Kenneth A. Marra 3/20/06) [EOD Date: 3/20/06] (gz, Deputy Clerk) (Entered: 03/20/2006) 03/22/2006 66 Agreed MOTION by Thomas C. Teper to extend time to serve answer and affirmative defenses to second amended complaint (gz, Deputy Clerk) (Entered: 03/23/2006) 03/23/2006 67 ORDER granting [66-1] motion to extend time to serve answer and affirmative defenses to second amended complaint Resetting answer to second amended complaint due for 5/1/06 for Thomas C. Teper (Signed by Judge Kenneth A. Marra on 3/23/06) [EOD Date: 3/27/06] (gp, Deputy Clerk) (Entered: 03/27/2006)

03/30/2006 68 MOTION by Sherb & Co., LLP (Attorney ) to extend time to answer second amended complaint (sk, Deputy Clerk) (Entered: 04/03/2006) 04/05/2006 69 ORDER granting [68-1] motion to extend time to answer second amended complaint reset answer due for 5/1/06 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 4/4/06) [EOD Date: 4/6/06] (gz, Deputy Clerk) (Entered: 04/06/2006) 04/21/2006 70 JOINT MOTION by Lawrence Kaplan, Stanley Kaplan, Linda Meltzer, Justin Capital, Thomas C. Teper to extend time serve answer and affirmative defenses to second amended complaint (gz, Deputy Clerk) (Entered: 04/24/2006) 04/25/2006 71 Unopposed MOTION by Sherb & Co., LLP to extend time to respond to second amended complaint (gz, Deputy Clerk) (Entered: 04/26/2006) 04/27/2006 72 ORDER granting [70-1] joint motion to extend time serve answer and affirmative defenses to second amended complaint Resetting answer and affirmative defenses to the second amended complaint due for 5/15/06 for Thomas C. Teper (Signed by Judge Kenneth A. Marra on 04/27/06) [EOD Date: 4/28/06] (gp, Deputy Clerk) (Entered: 04/28/2006) 04/27/2006 73 ORDER granting [71-1] motion to extend time to respond to second amended complaint Setting answer due for 5/15/06 for Sherb & Co., LLP (Signed by Judge Kenneth A. Marra on 4/27/06) [EOD Date: 5/1/06] (gp, Deputy Clerk) (Entered: 05/01/2006) 05/05/2006 74 JOINT MOTION by Thomas C. Teper, Stanley Kaplan, Lawrence Kaplan, Linda Meltzer, Justin Capital to extend time to serve answer and affirmative defenses to second amended complaint (gz, Deputy Clerk) (Entered: 05/09/2006) 05/10/2006 75 ORDER granting [74-1] joint motion to extend time to serve answer and affirmative defenses to second amended complaint reset answer due for 7/31/06 for Thomas C. Teper ( Signed by Judge Kenneth A. Marra on 5/10/06) [EOD Date: 5/12/06] (gz, Deputy Clerk) (Entered: 05/12/2006) 06/13/2006 76 NOTICE of Mediation Hearing on 6/30/06 Nicholas Politano added as mediator (gz, Deputy Clerk) Modified on 06/14/2006 (Entered: 06/14/2006) 06/16/2006 77 UNOPPOSED MOTION with memorandum in support by Sherb & Co., LLP to extend time to serve its answer and affirmative defenses to second amended class action complaint (bs, Deputy Clerk) (Entered: 06/19/2006) 06/20/2006 78 ORDER granting [77-1] motion to extend time to serve its answer and affirmative defenses to second amended class action complaint reset answer due for 7/31/06 for Sherb & Co., LLP ( Signed by Judge Kenneth A. Marra on 6/20/06) [EOD Date: 6/21/06] (gz, Deputy Clerk) (Entered: 06/21/2006) 07/14/2006 79 JOINT MOTION by Thomas C. Teper, Linda Meltzer, Justin Capital, Stanley Kaplan, Lawrence Kaplan to extend time to serve his answer and affirmative defenses to second amended complaint (at, Deputy Clerk) (Entered: 07/17/2006) 07/17/2006 80 ORDER granting [79-1] joint motion to extend time to serve his answer and affirmative defenses to second amended complaint due within 60 days of this order ( Signed by Judge Kenneth A. Marra on 7/17/06) [EOD Date: 7/19/06] (gz, Deputy

Clerk) (Entered: 07/19/2006) 08/07/2006 81 AGREED MOTION with memorandum in support by Sherb & Co., LLP to extend time nunc pro tunc, to serve its answer and affirmative defenses to second amended class action complaint (gp, Deputy Clerk) (Entered: 08/09/2006) 08/08/2006 82 ORDER granting [81-1] motion to extend time nunc pro tunc, to serve its answer and affirmative defenses to second amended class action complaint. **Please see Order for further details. (Signed by Judge Kenneth A. Marra on 8/08/06) [EOD Date: 8/10/06] (gp, Deputy Clerk) (Entered: 08/10/2006) 09/15/2006 83 JOINT STATUS REPORT by Linda Meltzer, Justin Capital, Thomas C. Teper (gp, Deputy Clerk) (Entered: 09/18/2006) 11/17/2006 84 STIPULATION of Settlement by Sherb & Co., LLP, Lawrence Kaplan, Stanley Kaplan, Thomas C. Teper, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Vianale, Julie) (Entered: 11/17/2006) 11/17/2006 85 Agreed MOTION for Preliminary Approval of Class Action Settlement re 84 Stipulation, by Lawrence Kaplan, Stanley Kaplan, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Exhibit 1)(Vianale, Julie) (Entered: 11/17/2006) 12/13/2006 86 PRELIMINARY ORDER granting 85 Agreed Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Kenneth A. Marra on 12/7/2006. (ls) (Entered: 12/13/2006) 01/09/2007 87 SETTLEMENT AGREEMENT (Amended) by Lawrence Kaplan, Stanley Kaplan, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Vianale, Julie) (Entered: 01/09/2007) 01/09/2007 88 Agreed MOTION for Entry of Amended Preliminary Approval Order of Class Action Settlement re 87 Settlement Agreement by Lawrence Kaplan, Stanley Kaplan, Justin Capital Management, Linda Meltzer. (Attachments: # 1 Proposed Order)(Vianale, Julie) (Entered: 01/09/2007) 01/10/2007 89 AMENDED PRELIMINARY ORDER granting 88 Agreed Motion for entry of amended preliminary approval order of class action settlement. Signed by Judge Kenneth A. Marra on 1/10/2007. (ls) (Entered: 01/11/2007) 01/30/2007 Notice of Undeliverable Notice of Electronic Filing re89 Order on Motion for Miscellaneous Relief US Mail returned for: not deliverable as addressed Email returned for: Deborah Jeanne Ryan (rb) (Entered: 01/30/2007) 02/22/2007 90 ORDER directing clerk to transfer case. Case reassigned to Judge Linnea R. Johnson. Signed by Judge Kenneth A. Marra on 02/20/2007 (bs) (Entered: 02/22/2007) 03/22/2007 91 MOTION for Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds by Justin Capital Management. (Vianale, Julie) (Entered: 03/22/2007) 03/22/2007 92 MOTION for Attorney Fees and Reimbursement of Litigation Expenses by Justin Capital Management. Responses due by 4/5/2007 (Vianale, Julie) (Entered:

03/22/2007) 03/22/2007 93 AFFIDAVIT signed by : James Tullman. re 91 MOTION for Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds, 92 MOTION for Attorney Fees and Reimbursement of Litigation Expenses by Justin Capital Management. (Attachments: # 1 Claims Administrator Affidavit)(Vianale, Julie) (Entered: 03/22/2007) 03/22/2007 94 AFFIDAVIT signed by : Plaintiffs' Counsel. re 92 MOTION for Attorney Fees and Reimbursement of Litigation Expenses by Justin Capital Management. (Attachments: # 1 Weiss Affidavit# 2 Brown Affidavit# 3 Vianale Affidavit)(Vianale, Julie) (Entered: 03/22/2007) 03/29/2007 95 Minute Entry for proceedings held before Judge Kenneth A. Marra : Settlement Conference held on 3/29/2007. Court Reporter: Stephen Franklin (mt) (Entered: 03/29/2007) 03/30/2007 96 JUDGMENT in favor of the Plaintiff against the Defendants (see judgment for details)signed by Judge Kenneth A. Marra on 3/29/2007.(mt) (Entered: 03/30/2007) 04/04/2007 Notice of Undeliverable Mail re86 Order on Motion for Miscellaneous Relief US Mail returned for: Return to sender, not at this address, need updated address information for Deborah Ryan. (ww) (Entered: 04/04/2007) 04/27/2007 Notice of Undeliverable Mail re95 Settlement Conference, 96 Judgment US Mail returned for: Deborah Ryan, Not Deliverable as addressed, need updated address information (ww) (Entered: 04/27/2007) 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 http://pacer.psc.uscourts.gov/pacerdesc.html