U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv KMW

US District Court Civil Docket as of 12/09/2004 Retrieved from the court on Wednesday, June 07, 2006 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv-04999-KMW De Vries, et al v. Tower Semiconductor, et al Assigned to: Judge Kimba M. Wood Demand: $0 Cause: 15:78m(a) Securities Exchange Act Lead Plaintiff Philippe De Vries Date Filed: 07/03/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Jeffrey S. Abraham Abraham & Associates One Penn Plaza Suite # 1910 New York, NY 10119 (212) 714-2444 Lawrence Donald Levit Abraham Fruchter & Twersky LLP One Penn Plaza Suite 1910 New York, NY 10119 (212)-279-5050 Fax: (212)-279-3655 Email: llevit@aftlaw.com Lead Plaintiff Julia Francis Dunbar De Vries Trust represented by Jeffrey S. Abraham Lawrence Donald Levit Lead Plaintiff Heather Faye Dunbar De Vries Trust on behalf of themselves and all others similarly situated represented by Jay B. Kasner Skadden, Arps,Slate,Meagher & Flom (DC) Four Times Square

New York, NY 10036 212- Fax: 917- Email: jkasner@skadden.com Jeffrey S. Abraham Lawrence Donald Levit Scott D. Musoff Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square New York, NY 10036 212-735-7852 Fax: 917-777-7852 Email: smusoff@skadden.com Lead Plaintiff De Vries Family Trust on behalf of themselves and all others similarly situated represented by Jeffrey S. Abraham Lawrence Donald Levit Lead Plaintiff Gregory Schiller represented by Jeffrey Simon Abraham Abraham Fruchter & Twersky LLP One Penn Plaza Suite 1910 New York, NY 10119 212-279-5050 Fax: 212-279-3655 Email: jabraham@abrahamlaw.com Lawrence Donald Levit

Tower Semiconductor Ltd. Idan Ofer Ehud Hillman represented by Jay B. Kasner Scott D. Musoff Eli Harari N. D. Reddy represented by Jay B. Kasner Scott D. Musoff Miin Wu represented by Jay B. Kasner Scott D. Musoff

Charles Bart Cummings Baker & McKenzie LLP 1114 Avenue of The Americas NY, NY 10036 (212) 891-3780 Fax: (212) 310-1634 Email: charles.b.cummings@bakernet.com Israel Corp. represented by Daniel Lucas Cantor O'Melveny & Myers LLP Times Square TOwer 7 Times Square New York, NY 10036 212-326-2000 Fax: 212-326-2061 Email: dcantor@omm.com Michael R. Patrick O'Melveny & Myers, LLP Times Square Tower 7 Times Square NY, NY 10022 (212) 326-2000 Israel Corporation Technologies Ltd. represented by Daniel Lucas Cantor Michael R. Patrick Sandisk Corporation represented by Daniel Lucas Cantor

Michael R. Patrick Macronix International represented by Charles Bart Cummings Alliance Semiconductor Corporation represented by Daniel Lucas Cantor Michael R. Patrick Quicklogic Corporation represented by Charles Bart Cummings Challenge Fund-Etgar II Date Filed # Docket Text 07/03/2003 1 CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 478148. (jjm) (Entered: 07/07/2003) 07/03/2003 Magistrate Judge Douglas F. Eaton is so designated. (jjm) (Entered: 07/07/2003) 09/04/2003 2 STIPULATION and ORDER, that dft QuickLogic Corp. is not required to respond

to the complaint in this action or any action consolidated into this action, other than a consolidated complaint or a complaint designated as the operative complaint by lead plaintiff. Within 30 days of the filing of the order designating the lead plaintiff, lead plaintiff shall file a consolidated complaint as further set forth in this order; Quicklogic shall respond to the operative complaint within 30 days after service or designation as such. ( signed by Judge Kimba M. Wood ) Copies mailed by chambers. (dle) Modified on 09/05/2003 (Entered: 09/05/2003) 09/04/2003 3 STIPULATION and ORDER, that dfts SanDisk Corporation and Eli Harari are not required to respond to the complaint in this action or any action consolidated into this action; within thirty days after the filing of the order designating the lead plaintiff, lead plaintiff shall file a consolidated complaint or shall designate an existing complaint as the operative complaint; The SanDisk dfts shall respond to the operative complaint within thirty days after service or designation as such. ( signed by Judge Kimba M. Wood ) (dle) (Entered: 09/05/2003) 09/08/2003 4 NOTICE OF MOTION by Philippe De Vries, Julia Francis Dunbar, Heather Faye Dunbar, De Vries Family to appoint plaintiff Philippe De Vries, plaintiff Julia Francis Dunbar, plaintiff Heather Faye Dunbar, plaintiff De Vries Family to serve as lead plaintiff(s) ; and to approve their selection of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(a)(3)(B). Return Date not indicated. (jco) (Entered: 09/15/2003) 09/08/2003 5 MEMORANDUM OF LAW by Philippe De Vries, Julia Francis Dunbar, Heather Faye Dunbar, De Vries Family in support of [4-1] motion to appoint plaintiff Philippe De Vries, plaintiff Julia Francis Dunbar, plaintiff Heather Faye Dunbar, plaintiff De Vries Family to serve as lead plaintiff(s), [4-2] motion to approve their selection of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(a)(3)(B). (jco) (Entered: 09/15/2003) 09/18/2003 6 STIPULATION AND ORDER; that defts Alliance Semiconductor Corp. and N.D. Reddy are not required to respond to the complaint in this action, or any action consolidated into this action, other than a consolidated complaint or a complaint designated as the operative complaint by Lead Pltff. The Allicance defts shall respond to the operative complaint within 30 days after service of designation as such, unless otherwise agreed upon by the parties. ( signed by Judge Kimba M. Wood ); Copies mailed by Chamber (sac) (Entered: 09/23/2003) 10/29/2003 7 ORDER; granting [4-1] motion to appoint plaintiff Philippe De Vries, plaintiff Julia Francis Dunbar, plaintiff Heather Faye Dunbar, plaintiff De Vries Family to serve as lead plaintiff(s); granting [4-2] motion to approve their selection of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(a)(3)(B). The Court grants the de Vries Group's and Schiller's motion for appointment of lead plaintiff and approval of lead plaintiff's choice of counsel (Doc.#4). The Court appoints the de Vries Group and Shiller as Lead Plaintiffs and approves their selection of Abraham & Associates as Lead Counsel. ( signed by Judge Kimba M. Wood ); Copies Mailed by Chamber. (sac) (Entered: 10/31/2003) 12/05/2003 8 STATUS REPORT. Document filed by Philippe De Vries, De Vries Family Trust, Heather Faye Dunbar De Vries Trust, Julia Francis Dunbar De Vries Trust.(sb, ) (Entered: 12/18/2003)

12/24/2003 9 ENDORSED LETTER addressed to Judge Kimba M. Wood from Scott D. Musoff dated 12/17/03. Granting defendants' request to respond to the complaint on 1/30/04. (Signed by Judge Kimba M. Wood on 12/23/03) Copies Mailed By Chambers.(kw, ) (Entered: 01/14/2004) 12/24/2003 Set Answer Due Date purs. to [9] Endorsed Letter as to Tower Semiconductor Ltd. answer due on 1/30/2004. (kw, ) (Entered: 01/14/2004) 01/27/2004 10 Stipulation and Order; The time within the defendant Challenge Fund- Etgar IImay answer, move or otherwise respond to the complaint is extended to and including 2/13/2004. (Signed by Judge Kimba M. Wood on 1/22/04) (jsa, ) (Entered: 02/03/2004) 01/27/2004 Set Answer Due Date purs. to [10] Order as to Challenge Fund-Etgar II answer due on 2/13/2004. (jsa, ) (Entered: 02/03/2004) 01/30/2004 11 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Tower Semiconductor Ltd. (jge, ) (Entered: 02/03/2004) 01/30/2004 12 MOTION to Dismiss the complt. (NDB). Document filed by Tower Semiconductor, Idan Ofer, Eli Harari, Ehud Hillman, N. D. Reddy, Miin Wu. (pa, ) Modified on 2/5/2004 (pa, ). (Entered: 02/05/2004) 01/30/2004 13 MEMORANDUM OF LAW in Support re: [12] MOTION to Dismiss. (NDB). Document filed by Eli Harari, Ehud Hillman, Idan Ofer, N. D. Reddy, Tower Semiconductor Ltd., Miin Wu. (pa, ) (Entered: 02/05/2004) 01/30/2004 14 DECLARATION of Scott D. Musoff in Support re: [12] MOTION to Dismiss.(NDB). Document filed by Eli Harari, Ehud Hillman, Idan Ofer, N. D. Reddy, Tower Semiconductor Ltd., Miin Wu. (pa, ) (Entered: 02/05/2004) 01/30/2004 15 Compendium of unreported authorities cited in the memo of law in support of (12)motion. (NDB) Document filed by Eli Harari, Ehud Hillman, Idan Ofer, N. D. Reddy, Tower Semiconductor Ltd., Miin Wu. (pa, ) (Entered: 02/05/2004) 01/30/2004 16 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation.(NDB)(pa, ) (Entered: 02/06/2004) 01/30/2004 17 MOTION to Dismiss the complt as against deft Macronix Internl Co Ltd for insufficiency of service of process with attached declaration of Charles Cummings in support. (NDB). Document filed by Macronix International. (pa, ) (Entered: 02/06/2004) 01/30/2004 18 MOTION to Dismiss the complt as against deft Macronix Internl Co Ltd for failure to state a claim upon which relief can be granted. (NDB). Document filed by Macronix International. (pa, ) (Entered: 02/06/2004) 01/30/2004 19 MEMORANDUM OF LAW in Support re: [18] MOTION to Dismiss.(NDB). Document filed by Macronix International. (pa, ) (Entered: 02/06/2004) 01/30/2004 20 MOTION to Dismiss the complt as against deft Miin Wu for insufficiency of service of process with attached declaration of Charles Cummings (NDB). Document filed by Miin Wu. (pa, ) (Entered: 02/06/2004)

01/30/2004 21 MEMORANDUM OF LAW in Support re: [20] MOTION to Dismiss. (NDB). Document filed by Miin Wu. (pa, ) (Entered: 02/06/2004) 01/30/2004 22 MOTION to Dismiss pltffs shareholders class action complt. (NDB). Document filed by Quicklogic Corporation. (pa, ) (Entered: 02/06/2004) 01/30/2004 23 MEMORANDUM OF LAW in Support re: [22] MOTION to Dismiss. (NDB). Document filed by Quicklogic Corporation. (pa, ) (Entered: 02/06/2004) 01/30/2004 24 MOTION to Dismiss defts Israel Corp, Israel Corp Tec. Ltd, SanDisk Corp and Alliance Semiconductor Corp. (NDB). Document filed by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation. (pa, ) (Entered: 02/06/2004) 01/30/2004 25 DECLARATION of Daniel L. Cantor in Support re: [24] MOTION to Dismiss.(NDB). Document filed by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation. (pa, ) (Entered: 02/06/2004) 01/30/2004 26 MEMORANDUM OF LAW in Support re: [24] MOTION to Dismiss. (NDB). Document filed by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation. (pa, ) (Entered: 02/06/2004) 01/30/2004 54 MEMORANDUM OF LAW in Support re: [18] MOTION to Dismiss. Document filed by Macronix International. (cd, ) (Entered: 09/24/2004) 02/05/2004 27 CERTIFICATE OF SERVICE of motion and supporting papers served on counsel for plaintiffs Philippe De Vries and counsel for dfts Tower, Ofer, Hillman, Harari, Reddy, Wu and Macronix on 2/5/04. Service was made by e-mail and overnight mail. Document filed by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation. (dle, ) (Entered: 02/06/2004) 02/06/2004 28 DECLARATION of Ray Mak in Support re: [18] MOTION to Dismiss., [20] MOTION to Dismiss.. Document filed by Macronix International. (cd, ) (Entered: 02/11/2004) 02/11/2004 30 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Quicklogic Corporation.(sac, ) (Entered: 02/19/2004) 02/17/2004 29 ENDORSED LETTER re: [22] MOTION to Dismiss. filed by Quicklogic Corporation, [24] MOTION to Dismiss. filed by Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation, Alliance Semiconductor Corporation, [12] MOTION to Dismiss. filed by Tower Semiconductor Ltd., Idan Ofer, Ehud Hillman, Eli Harari, N. D. Reddy, Miin Wu, [17] MOTION to Dismiss. filed by Macronix International, [18] MOTION to Dismiss. filed by Macronix International, [20] MOTION to Dismiss. filed by Miin Wu addressed to Judge Wood from Lawrence Levit dated 2/13/2004 re: granting counsels request for an extension as follows:., Set Deadlines/Hearing as to [22] MOTION to Dismiss., [24] MOTION to Dismiss., [12] MOTION to Dismiss., [17] MOTION to Dismiss., [18] MOTION to Dismiss., [20] MOTION to Dismiss.: Responses due by 3/15/2004 (Signed by Judge Kimba M. Wood on 2/13/2004) (jp, ) (Entered: 02/18/2004) 02/19/2004 31 STIPULATION AND ORDER, that the time for deft Challenge Fund Etgar II to answer is extended to and including 3/8/04. (Signed by Judge Kimba M. Wood on

2/17/04) copies sent by chambers.(cd, ) (Entered: 02/23/2004) 02/19/2004 32 ENDORSED LETTER addressed to Judge Kimba M. Wood from Scott D. Musoff dated 2/17/04; Re: Granting s' reqeust until 4/15/2004 to reply to Plaitiffs' opposition to Motion to Dismiss the complaint. (Signed by Judge Kimba M. Wood on 2/17/04) (sac, ) (Entered: 02/23/2004) 03/17/2004 33 ENDORSED LETTER addressed to Judge Kimba M. Wood from Lawrence D. Levin dated 3/10/04: Responses due by 5/14/2004 (Signed by Judge Kimba M. Wood on 3/12/04) (sac, ) (Entered: 03/22/2004) 03/24/2004 34 STIPULATION AND ORDER that the time within which dft Challenge Fund Etgar may answer move against or otherwise respond to the complaint in this action is extended to and including 4/5/04. (Signed by Judge Kimba M. Wood on 3/22/04) (dle, ) (Entered: 03/26/2004) 03/24/2004 Set Answer Due Date purs. to [34] Stipulation and Order as to Challenge Fund- Etgar II answer due on 4/5/2004. (dle, ) (Entered: 03/26/2004) 03/24/2004 35 NOTICE of Change of Address by Daniel Lucas Cantor, Michael R. Patrick on behalf of Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation. New Address: O'Melveny & Myers, L.L.P., Times Square Tower, 7 Times Square, New York, New York, 10036, (212) 326-2000. (db, ) (Entered: 03/30/2004) 04/16/2004 36 STIPULATION AND ORDER; the time for deft Challenge Fund-Etgar II to answer or move with respect to the complaint in this action is extended to and including 4/26/2004. (Signed by Judge Kimba M. Wood on 4/14/2004) (jp, ) (Entered: 04/19/2004) 04/16/2004 Set Answer Due Date purs. to [36] Stipulation and Order as to Challenge Fund- Etgar II answer due on 4/26/2004. (jp, ) (Entered: 04/19/2004) 04/16/2004 37 ENDORSED LETTER addressed to Judge Kimba M. Wood from Lawrence D. Levit dated 4/12/04 re: Counsel for plaintiffs write to respectfully request a short extension until 4/20/04 to serve their opposition to the motions to dismiss; in addition respectfully request that they be allowed to submit one comprehensive memorandum, not to exceed 60 pages. Granted. So Ordered. (Signed by Judge Kimba M. Wood on 4/14/04) (jco, ) (Entered: 04/19/2004) 04/21/2004 38 DECLARATION of Lawrence D. Levit in Opposition re: [18] MOTION to Dismiss., [20] MOTION to Dismiss., [24] MOTION to Dismiss., [12] MOTION to Dismiss., [22] MOTION to Dismiss., [17] MOTION to Dismiss.. (nite dep. box) Document filed by Philippe De Vries, De Vries Family Trust, Heather Faye Dunbar De Vries Trust, Julia Francis Dunbar De Vries Trust. (pa, ) (Entered: 04/22/2004) 04/21/2004 39 MEMORANDUM OF LAW in Opposition re: [18] MOTION to Dismiss., [20] MOTION to Dismiss., [24] MOTION to Dismiss., [12] MOTION to Dismiss., [22] MOTION to Dismiss., [17] MOTION to Dismiss. (nite dep. box). Document filed by Philippe De Vries, De Vries Family Trust, Heather Faye Dunbar De Vries Trust, Julia Francis Dunbar De Vries Trust. (pa, ) (Entered: 04/22/2004) 04/21/2004 40 NOTICE of of name change. Document filed by Philippe De Vries, De Vries Family Trust, Heather Faye Dunbar De Vries Trust, Julia Francis Dunbar De Vries

Trust. (djc, ) (Entered: 04/23/2004) 05/21/2004 42 ENDORSED LETTER addressed to Judge Kimba M. Wood from Scott D. Musoff dated 5/18/04 re: counsel for defendants request permission to file reply memorandum of law that shall not exceed fifteen pages. Application GRANTED. (Signed by Judge Kimba M. Wood on 5/20/04) Copies Faxed by Chambers.(db, ) (Entered: 05/24/2004) 05/21/2004 49 ENDORSED LETTER addressed to Judge Kimba M. Wood from Michael R. Patrick dated 5/18/04 re: granting defendants requests for permission to file a reply brief on behalf of the Fab 2 s that will likely be in excess of 10 pages. (Signed by Judge Kimba M. Wood on 5/20/04) copies faxed by chambers.(pl, ) Modified on 5/25/2004 (pl, ). (Entered: 05/25/2004) 05/24/2004 41 REPLY MEMORANDUM OF LAW in Support re: [22] MOTION to Dismiss.. Document filed by Quicklogic Corporation. (jmi, ) (Entered: 05/24/2004) 05/24/2004 43 REPLY DECLARATION of Rita Watson in Support re: [18] MOTION to Dismiss., [20] MOTION to Dismiss., [17] MOTION to Dismiss.. (nite dep. box) Document filed by Macronix International, Wu, Miin. (pa, ) Modified on 5/25/2004 (pa, ). (Entered: 05/25/2004) 05/24/2004 44 REPLY MEMORANDUM OF LAW in Further Support re: [18] MOTION to Dismiss., [20] MOTION to Dismiss., [17] MOTION to Dismiss. (nite dep. box). Document filed by Macronix International, Miin Wu. (pa, ) (Entered: 05/25/2004) 05/24/2004 45 REPLY MEMORANDUM OF LAW in Support re: [24] MOTION to Dismiss.. Document filed by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation. (jmi, ) (Entered: 05/25/2004) 05/24/2004 46 REPLY DECLARATION of Daniel L. Cantor in Further Support Of s by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation re: [24] MOTION to Dismiss.. Document filed by Alliance Semiconductor Corporation, Israel Corp., Israel Corporation Technologies Ltd., Sandisk Corporation. (jmi, ) (Entered: 05/25/2004) 05/24/2004 47 REPLY MEMORANDUM OF LAW in Further Support re: [12] MOTION to Dismiss. (nite dep. box). Document filed by Eli Harari, Ehud Hillman, Idan Ofer, Tower Semiconductor Ltd., Miin Wu. (pa, ) (Entered: 05/25/2004) 05/24/2004 48 DECLARATION of Scott D. Musoff in Further Support re: [12] MOTION to Dismiss..with attached compendium of unreported authorities cited in reply memo in further support of motion by defts. (nite dep. box) Document filed by Eli Harari, Ehud Hillman, Idan Ofer, N. D. Reddy, Tower Semiconductor Ltd., Miin Wu. (pa, ) (Entered: 05/25/2004) 06/29/2004 50 ENDORSED LETTER addressed to Judge Kimba M. Wood from Lawrence D. Levit dated 6/17/04 re: Counsel for plaintiff writes to permission to file a sur-reply memorandum in further opposition to defendants' motions to dismiss. A sur-reply memorandum no longer than ten pages may be filed no later than 7/2/04. The Court doubts the need for defendants to submit a sur-sur reply; if defendants see such a need, it shall not exceed five pages. So Ordered. (Signed by Judge Kimba M. Wood on 6/24/04) "Copies Faxed By Chambers"(jco, ) (Entered: 06/30/2004)

07/02/2004 51 REPLY MEMORANDUM OF LAW in Opposition re: [18] MOTION to Dismiss, [20] MOTION to Dismiss., [24] MOTION to Dismiss., [12] MOTION to Dismiss, [22] MOTION to Dismiss, [17] MOTION to Dismiss. Document filed by Philippe De Vries, De Vries Family Trust, Heather Faye Dunbar De Vries Trust, Julia Francis Dunbar De Vries Trust. (moc, ) (Entered: 07/07/2004) 08/23/2004 52 ORDER that for the reasons set forth in this order, the court grants each of the motions to dismiss, pursuant to FRCP 12(b)(6) The court expresses no opinion respect to the remaining motions, which are moot. The court also dismisses, sua sponte, the claims against Challenge Fund Etger II, The clerk of court is directed to close this case. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 8/19/04) (dle, ) (Entered: 08/26/2004) 08/25/2004 Transmission to Judgments and Orders Clerk. Transmitted re: [52] Order,, to the Judgments and Orders Clerk for preparation of Judgment. (dle, ) (Entered: 08/26/2004) 08/30/2004 53 CLERK'S JUDGMENT granting each of the motions to dismiss pursuant to Fed. R. Civ. 12(b)(6), expressing no opinion with respect to the remaining motions, which are moot, and dismissing sua sponte, the claims against Challenge Fund-Etgar II. (Signed by J. Michael McMahon, clerk on 8/30/04) (ml, ) (Entered: 08/30/2004) 09/10/2004 Mailed notice of Right to Appeal re: [53] Clerk's Judgment, to Pro Se Litigant(s): Alliance Semiconductor Corporation, Challenge Fund-Etgar II, Philippe De Vries, De Vries Family Trust, Eli Harari, Heather Faye Dunbar De Vries Trust, Ehud Hillman, Israel Corp., Israel Corporation Technologies Ltd., Julia Francis Dunbar De Vries Trust, Macronix International, Idan Ofer, Quicklogic Corporation, N. D. Reddy, Sandisk Corporation, Tower Semiconductor Ltd., Miin Wu and to Attorney(s) of Record: Jeffrey S. Abraham, Daniel Lucas Cantor, Charles Cummings, Jay B. Kasner, Lawrence D. Levit, Scott D. Musoff, Michael R. Patrick. (jeh, ) (Entered: 09/10/2004) 10/01/2004 55 NOTICE OF APPEAL from [53] Clerk's Judgment,. Document filed by Gregory Schiller, lead plaintiff. Filing fee $ 255.00, receipt number E 521038. Copies of Notice of Appeal mailed to Attorney(s) of Record: DANIEL L. CANTOR, DOUGLAS J. CLARK, IGNACIO E. SALCEDA. JAY B. KASNER, SCOTT D. MUSOFF, CHARLES B. CUMMINGS, DANIEL J. O'CONNOR, LYNN K. NEUNER. (pr, ) (Entered: 10/01/2004) 10/01/2004 Transmission of Notice of Appeal to the District Judge re: [55] Notice of Appeal,. (pr, ) (Entered: 10/01/2004) 10/01/2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [55] Notice of Appeal,. (pr, ) (Entered: 10/01/2004) 11/03/2004 USCA Case Number 04-5295-cv assigned to [55] Notice of Appeal, filed by Gregory Schiller. (pr, ) (Entered: 11/03/2004) 11/03/2004 56 USCA SCHEDULING ORDER as to [55] Notice of Appeal, filed by Gregory Schiller USCA Case Number 04-5295-cv. Appeal Record due by 11/19/2004. (pr, ) (Entered: 11/03/2004) 11/22/2004 57 ORDER of USCA (Certified Copy) as to [55] Notice of Appeal, filed by Gregory

Schiller USCA Case Number 04-5295-cv. Pursuant to Fed. R. of App. P. 42, the undersigned hereby stipulate and agree that the Notice of Appeal filed in the abovecaptioned case on September 29, 2004, is dismissed as to Challenge Fund-Etgar II, without any award of costs or attorneys fees incurred, in light of the Agreement Regarding Dismissal entered into between Gregory Schiller and Challenge Fund-Etgar II L.P. Each party to this proceeding has been advised of this Stipulation and has no objection. Roseann B. MacKechnie, Clerk USCA. Certified: November 4, 2004. (dt, ) (Entered: 11/22/2004) 11/22/2004 Transmission of USCA Mandate/Order to the District Judge re: [56] USCA Scheduling Order. (dt, ) (Entered: 11/22/2004) 12/09/2004 58 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [55] Notice of Appeal, filed by Gregory Schiller USCA Case Number 04-5295-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 12/09/2004) 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 information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html