US District Court Civil Docket as of 11/12/2003

United States District Court Northern District of Illinois

(Chicago) CIVIL DOCKET FOR CASE #: 1:98-cv-07482

Danis v. USN Commc Inc, et al Assigned to: Hon. Suzanne B. Conlon Demand: $75000 Related Cases: 1:99-cv-00893 1:99-cv-07145Cause: 15:78m(a) Securities Exchange Act

Date Filed: 11/20/1998 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

PlaintiffDavid Danis on beholf of himself and all others similarly situated,

represented by Marvin Alan Miller Miller Faucher and Cafferty, LLP 30 North LaSalle Street Suite 3200 Chicago, IL 60602 (312) 782-4880 LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Lometti Schoengold and Sporn, P.C. 19 Fulton Street Suite 406 New York, NY 10038 (212) 964-0046 ATTORNEY TO BE NOTICED Kenneth A. Wexler Wexler FIrm LLP 1 North LaSalle Street Suite 2000 Chicago, IL 60602 (312) 346-2222 Marian P. Rosner Wolf Popper, LLP 845 Third Avenue 12th Floor New York, NY 10022 (212) 759-4600 ATTORNEY TO BE NOTICED

Paul O. Paradis Wolf Popper, LLP 845 Third Avenue 12th Floor New York, NY 10022 (212) 759-4600 ATTORNEY TO BE NOTICED Samuel P. Sporn Schoengold and Sporn, P.C. 19 Fulton Street Suite 406 New York, NY 10038 (212) 964-0046 ATTORNEY TO BE NOTICED Steven J. Toll Cohen, Milstein, Hausfield & Toll 1100 New York Avenue, N.W. West Tower, Suite 500 Washington, DC 20005-3934 (202) 408-4600 ATTORNEY TO BE NOTICED

V.

Defendant

USN Communications, Inc. represented by Christina M. Tchen Skadden Arps Slate Meagher & Flom, LLP 333 West Wacker Drive Suite 2100 Chicago, IL 60606 (312) 407-0700 TERMINATED: 07/11/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Tiffanie Noelle Cason Tiffanie N. Cason Attorney at Law (No current address) TERMINATED: 07/11/2000

Defendant

J Thomas Elliott represented by Christina M. Tchen (See above for address) TERMINATED: 07/11/2000

LEAD ATTORNEY ATTORNEY TO BE NOTICED Frances P Kao Skadden Arps Slate Meagher & Flom, LLP 333 West Wacker Drive Suite 2100 Chicago, IL 60606 (312) 407-0700 ATTORNEY TO BE NOTICED Janet E. Byrne Thabit Skadden Arps Slate Meagher & Flom, LLP 333 West Wacker Drive Suite 2100 Chicago, IL 60606 (312) 407-0700 TERMINATED: 07/11/2000 Melinda Zachar Skadden Arps Slate Meagher & Flom, LLP 333 West Wacker Drive Suite 2100 Chicago, IL 60606 (312) 407-0700 ATTORNEY TO BE NOTICED Michele Walton Sachnoff & Weaver, Ltd. 10 S. Wacker Drive 40th Floor Chicago, IL 60606 (312) 207-1000 Paula Marie Stannard U.S. Department of Health & Human Services 200 Independence Avenue, SW 707F Washington, DC 20201-0004 (202)690-7741 TERMINATED: 07/11/2000 Tiffanie Noelle Cason (See above for address) TERMINATED: 07/11/2000

Defendant

Gerald J Sweas represented by Christina M. Tchen (See above for address) TERMINATED: 07/11/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED Janet E. Byrne Thabit (See above for address) TERMINATED: 07/11/2000 Melinda Zachar (See above for address) ATTORNEY TO BE NOTICED Michele Walton (See above for address) Paula Marie Stannard (See above for address) Tiffanie Noelle Cason (See above for address) TERMINATED: 07/11/2000

Defendant

Merrill Lynch & Co., Inc. represented by David L. Carden Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 (312)782-3939 LEAD ATTORNEY ATTORNEY TO BE NOTICED Beth A. O'Connor Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 (312)782-3939 Eric P. Berlin Jones Day

77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 (312)782-3939 Johanna Calabria Clifford Chance Rogers & Wells, LLP 200 Park Avenue 50th Floor New York, NY 10166 (212) 878-8000 Joseph P. Cyr Clifford Chance Rogers & Wells, LLP 200 Park Avenue 50th Floor New York, NY 10166 (212) 878-8000 ATTORNEY TO BE NOTICED Joseph P. Shereda Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 312-269-9346 Lee Ann Russo Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 (312)782-3939 Mark R Anderson Clifford Chance Rogers & Wells, LLP 200 Park Avenue 50th Floor New York, NY 10166 (212) 878-8000 Nicholas Crowell Clifford Chance Rogers & Wells, LLP 200 Park Avenue 50th Floor New York, NY 10166 (212) 878-8000

Defendant

Donaldson Lufkin & Jenrette Securities Corporation

represented by David L. Carden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Beth A. O'Connor (See above for address) Eric P. Berlin (See above for address) Johanna Calabria (See above for address) Joseph P. Shereda (See above for address) Lee Ann Russo (See above for address) Mark R Anderson (See above for address) Nicholas Crowell (See above for address)

Defendant

Deloitte and Touche, L.L.P. represented by William F. Lloyd Sidley Austin Brown & Wood LLP Bank One Plaza 10 South Dearborn Street Chicago, IL 60603 (312) 853-7000 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Andrew Gordon Sidley Austin Brown & Wood LLP Bank One Plaza 10 South Dearborn Street Chicago, IL 60603 (312) 853-7000 David M. Schiffman Sidley Austin Brown & Wood LLP Bank One Plaza 10 South Dearborn Street Chicago, IL 60603 (312) 853-7000

Lisa Maria Cipriano Eimer Stahl Klevorn & Solberg, LLP 224 South Michigan Avenue Suite 1100 Chicago, IL 60604 (312) 660-7600

Defendant

Richard J Brekka represented by Herbert L. Zarov Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL 60603 (312) 782-0600 LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Alan Albritton Freeborn & Peters 311 South Wacker Drive Suite 3000 Chicago, IL 60606 (312)360-6000 Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED Heather O'Farrell Townsend Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL 60603 312-701-7177 Jennifer Lynn Rakstad Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL 60603 (312) 782-0600 Paula Marie Stannard (See above for address) TERMINATED: 07/11/2000 Vincent J. Connelly Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL 60603

(312) 782-0600

Defendant

Dean M Grenwood represented by Frances P Kao (See above for address) TERMINATED: 06/07/2000 ATTORNEY TO BE NOTICED Katherine D. Jordan Vinson & Elkins LLP The Terrace 2801 Via Fortuna Suite 100 Austin, TX 78746-3200 (512)542-8663 TERMINATED: 02/08/2001 ATTORNEY TO BE NOTICED Paula Marie Stannard (See above for address) TERMINATED: 06/07/2000 Richard D. Milvenan McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol Center 919 Congress Avenue Austin, TX 78701 (512) 495-6005 ATTORNEY TO BE NOTICED

Defendant

Donald J Hoffman, Jr represented by Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED Jack J. Crowe Winston & Strawn LLP 35 West Wacker Drive 41st Floor Chicago, IL 60601 (312) 558-5600 Paula Marie Stannard (See above for address) TERMINATED: 07/11/2000 Peter James McCarthy

Mandell, Menkes & Surdyk, LLC 333 West Wacker Drive Suite 300 Chicago, IL 60606 (312) 251-1000 Terry M. Grimm Winston & Strawn LLP 35 West Wacker Drive 41st Floor Chicago, IL 60601 (312) 558-5600 Timothy John Rooney Winston & Strawn LLP 35 West Wacker Drive 41st Floor Chicago, IL 60601 (312) 558-5600

Defendant

James P Hynes represented by David H. Kistenbroker Katten Muchin Zavis Rosenman 525 West Monroe Street Suite 1600 Chicago, Il 60661-3693 (312) 902-5200 LEAD ATTORNEY ATTORNEY TO BE NOTICED John D Donovan, Jr Ropes & Gray One International Place Boston, MA 02110-2624 (617) 951-7000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher G. Green Ropes & Gray One International Place Boston, MA 02110-2624 (617) 951-7000 Frances P Kao (See above for address) TERMINATED: 07/13/2000 ATTORNEY TO BE NOTICED

Leah J. Domitrovic Katten Muchin Zavis Rosenman 525 West Monroe Street Suite 1600 Chicago, Il 60661-3693 (312) 902-5200 Paula Marie Stannard (See above for address) TERMINATED: 07/13/2000 Peter L. Welsh Ropes & Gray One International Place Boston, MA 02110-2624 (617) 951-7000

Defendant

William A Johnston represented by Herbert L. Zarov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Alan Albritton (See above for address) Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED Heather O'Farrell Townsend (See above for address) Jennifer Lynn Rakstad (See above for address) Leigh R. Schachter Debevoise & Plimpton 919 Third Avenue New York, NY 10022 (212)909-6000 ATTORNEY TO BE NOTICED Paula Marie Stannard (See above for address) TERMINATED: 07/11/2000 Vincent J. Connelly

(See above for address)

Defendant

Ian M Kidson represented by Herbert L. Zarov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Alan Albritton (See above for address) Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED Heather O'Farrell Townsend (See above for address) Jennifer Lynn Rakstad (See above for address) Paula Marie Stannard (See above for address) TERMINATED: 07/11/2000 Vincent J. Connelly (See above for address)

Defendant

Paul S Lattanzio represented by Herbert L. Zarov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Alan Albritton (See above for address) Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED Heather O'Farrell Townsend (See above for address) Jennifer Lynn Rakstad (See above for address)

Paula Marie Stannard (See above for address) TERMINATED: 07/11/2000 Vincent J. Connelly (See above for address)

Defendant

David C Mitchell represented by Herbert L. Zarov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Alan Albritton (See above for address) Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED Heather O'Farrell Townsend (See above for address) Jennifer Lynn Rakstad (See above for address) Paula Marie Stannard (See above for address) TERMINATED: 07/11/2000 Vincent J. Connelly (See above for address)

Defendant

Eugene A Sekulow represented by Herbert L. Zarov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas Alan Albritton (See above for address) Frances P Kao (See above for address) TERMINATED: 07/11/2000 ATTORNEY TO BE NOTICED

Heather O'Farrell Townsend (See above for address) Jennifer Lynn Rakstad (See above for address) Paula Marie Stannard (See above for address) TERMINATED: 07/11/2000 Vincent J. Connelly (See above for address)

Date Filed # Docket Text

11/20/1998 1 CLASS ACTION COMPLAINT (Attachment); jury demand - Civil cover sheet - Appearance(s) of Marvin Alan Miller, Kenneth A. Wexler, Andrew N. Friedman and Steven J. Toll as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (ar) (Entered: 11/25/1998)

11/20/1998 RECEIPT regarding payment of filing fee paid; on 11/20/98 in the amount of $ 150.00, receipt # 524217. (ar) (Entered: 11/25/1998)

11/25/1998 SUMMONS issued as to all defendants (yap) (Entered: 11/30/1998)

12/03/1998 SCHEDULE set on 12/3/98 by Hon. Suzanne B. Conlon : Status hearing set for December 22, 1998 at 9:00 a.m. At the status hearing, the parties are to report on the following: 1. Possibility of settlement in the case; 2. If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is directed to advise all other parties of the court's action herein and to forward a copy of the court's procedure guidelines to defendant(s). Mailed notice (jdh) (Entered: 12/03/1998)

12/07/1998 2 RETURN OF SERVICE executed upon defendant USN Commc Inc on 12/1/98 (Attachments) (jmp) (Entered: 12/08/1998)

12/11/1998 3 RETURN OF SERVICE executed upon defendant Merrill Lynch & Co on 12/4/98 (Attachment) (jmp) (Entered: 12/15/1998)

12/14/1998 4 RETURN OF SERVICE executed upon defendant Donaldson Lufkin on 12/4/98 (Attachment) (jmp) (Entered: 12/16/1998)

12/16/1998 4 AGREED MOTION by plaintiffs' and defendants' for a finding of relatedness (Exhibits); Notice of motion (jmp) (Entered: 12/28/1998)

12/22/1998 5 MINUTE ORDER of 12/22/98 by Hon. Suzanne B. Conlon : Status hearing held; continued to 9:00 a.m. on 02/02/99. Plaintiffs' agreed motion for a finding of relatedness is granted [4-1]. Parties to file a written status report on or before 01/28/99. Defendants are given extension of time to answer or otherwise plead to

the complaint by 02/01/99. Mailed notice (jmp) (Entered: 12/28/1998)

01/19/1999 10 MOTION by plaintiffs' for consolidation , appointment of lead plaintiff and, approval of lead plaintiff's selection of co-lead counsel ; Notice of motion (jmp) (Entered: 02/17/1999)

01/19/1999 11 MEMORANDUM OF LWA by USNC plaintiff group in support of their motion for consolidation [10-1], appointment of lead plaintiff [10-2] and approval of lead plaintiff's selection of co-lead counsel [10-3] (Attachments) (jmp) (Entered: 02/17/1999)

01/21/1999 6 WAIVER of service of summons as to plaintiff sent on 1/20/99 (jmp) (Entered: 01/25/1999)

01/28/1999 7 STATUS CONFERENCE REPORT by parties (jmp) (Entered: 02/01/1999)

01/28/1999 8 ATTORNEY APPEARANCE for USN Commc Inc, J Thomas Elliott and Gerald J Sweas by Christina M. Tchen and Tiffanie Noelle Cason (jmp) (Entered: 02/01/1999)

02/02/1999 9 ATTORNEY APPEARANCE for defendants' Merrill Lynch & Co and, Donaldson Lufkin by David L. Carden, Lee Ann Russo (jmp) (Entered: 02/03/1999)

02/02/1999 12 PRE-TRIAL ORDER No. 1 (jmp) (Entered: 02/17/1999)

02/02/1999 13 MINUTE ORDER of 2/2/99 by Hon. Suzanne B. Conlon : Status hearing held and continued to 9:00 a.m. on 04/01/99. The motion for consolidation [10-1], appointment of lead plaintiff [10-2] and approval of lead plaintiff's selection of co-lead counsel is granted [10-3]. This case is consolidated for all purposes with 98 c 7610, 98 c 7674, 98 c 8082, 98 c 8044, 99 c 67 and 99 c 119. All proceedings are to be filed in case number 98 c 7482 until further order of court. The court appoints Thomas Karr, James Jung, Timothy Wesson, Thomas VonDerLinn and Jack Preismeyer as lead plaintiffs in this consolidated action. Co-Lead counsel shall be the law firms of Wolf Popper LLP and the Law Offices of Schoengold & Sporn, P.C. consolidated complaint to be filed by 04/02/99. Defendants to answer the consolidated complaint by 06/02/99. Class certification motion with supporting memoranda to be filed by 09/02/99. Joint status report to be filed by 03/29/99. Notices mailed by judge's staff notice (jmp) Modified on 02/17/1999 (Entered: 02/17/1999)

03/29/1999 14 MOTION by plaintiff to modify scheduling order ; Notice of motion (jmp) (Entered: 04/02/1999)

03/30/1999 SCHEDULE set on 3/30/99 by Hon. Suzanne B. Conlon: Status hearing reset to April 6, 1999 at 9:00 a.m. Mailed notice. (srb) (Entered: 03/30/1999)

04/01/1999 15 MINUTE ORDER of 4/1/99 by Hon. Suzanne B. Conlon : Lead plaintiffs' motion to modify scheduling order is granted [14-1]. Plaintiffs to file consolidated complaint by 05/17/99. Defendants to answer or otherwise plead to the complaint by 07/16/99. Status hearing set for 04/06/99 at 9:00 a.m. to stand. Mailed notice (jmp) (Entered: 04/02/1999)

04/02/1999 16 JOINT STATUS REPORT by plaintiff and defendants' (jmp) (Entered: 04/05/1999)

04/06/1999 SCHEDULE set on 4/6/99 by Hon. Suzanne B. Conlon: Status hearing held; continued to May 18, 1999 at 9:00 a.m. Mailed notice. (srb) (Entered: 04/06/1999)

05/05/1999 17 UNOPPOSED MOTION by plaintiffs to modify scheduling order ; Notice of motion (hp) (Entered: 05/12/1999)

05/11/1999 18 MINUTE ORDER of 5/11/99 by Hon. Suzanne B. Conlon : Plaintiffs' unopposed motion to modify scheduling order is granted. [17-1] Plaintiffs' shall file their amended complaint by 06/17/99. Case set for status hearing on 06/17/99 at 9:00 a.m. Final extension. Status hearing set for 05/18/99 is stricken. Mailed notice (hp) (Entered: 05/12/1999)

06/17/1999 SCHEDULE set on 6/17/99 by Hon. Suzanne B. Conlon: Status hearing held. Parties to file written status report in 3 weeks. Mailed notice. (srb) (Entered: 06/17/1999)

06/17/1999 19 CONSOLIDATED CLASS ACTION COMPLAINT (Attachments) (hp) (Entered: 06/18/1999)

06/17/1999 20 NOTICE of filing by plaintiffs of consolidated class action complaint [19-1] (hp) (Entered: 06/18/1999)

06/17/1999 SUMMONS and one copy of consolidated class action compliant issued as to defendant Deloitte & Touche, LLP. (hp) (Entered: 06/18/1999)

07/08/1999 21 STATUS REPORT by parties (hp) (Entered: 07/09/1999)

07/08/1999 22 NOTICE of filing by plaintiff David Danis of status report [21-1] (hp) (Entered: 07/09/1999)

07/13/1999 23 MINUTE ORDER of 7/13/99 by Hon. Suzanne B. Conlon : Parties are to fully comply with the disclosure provisions of 26(a)(1) by 08/20/99. The case is set for a status hearing on 08/26/99 at 9:00 a.m. to set the discovery and trial schedule. Counsel shall file their proposed schedule by 08/24/99. Mailed notice (hp) (Entered: 07/19/1999)

07/20/1999 24 ATTORNEY APPEARANCE for defendant Deloitte & Touche, LLP by William F. Lloyd, David M. Schiffman and Lisa Maria Cipriano (hp) (Entered: 07/22/1999)

07/20/1999 29 AGREED MOTION by parties for an extension of time to answer to consolidated class action complaint ; Notice (hp) (Entered: 07/29/1999)

07/23/1999 25 ATTORNEY APPEARANCE for J Thomas Elliott, Gerald J. Sweas, Richard J. Brekka, Dean M. Greenwood, Donal J. Hoffman, Jr., James P. Hynes, William A. Johnston, Ian M. Kidson, Paul S. Lattanzio, David C. Mitchell and Eugene A. Sekulow by Janet E. Byrne Thabit; Notice (hp) (Entered: 07/26/1999)

07/23/1999 26 MOTION by of the individual defendants to stay discovery (Attachment); Notice (hp) (Entered: 07/29/1999)

07/23/1999 27 AGREED MOTION by defendants to extend time to answer or otherwise plead to consolidated class action complaint ; Notice (hp) (Entered: 07/29/1999)

07/27/1999 30 MINUTE ORDER of 7/27/99 by Hon. Suzanne B. Conlon : The agreed motion for extension of time to answer is graned. [29-1] Defendant Deloitte and Touche shall

answer or otherwise plead by 08/16/99. Mailed notice (hp) (Entered: 07/29/1999)

07/28/1999 28 MINUTE ORDER of 7/28/99 by Hon. Suzanne B. Conlon : The motion by USN defendants to stay discovery is denied. [26-1] There is no motion to dismiss presently pending. The agreed motion to extend time to answer or otherwise is denied for failure to show good cause. [27-1] Moreover, it is clear from defendants' companion motion to stay, that granting this motion would significantly delay these protracted proceedings. Mailed notice (hp) (Entered: 07/29/1999)

07/30/1999 32 MOTION by individual defendants to reconsider order entered July 28, 1999 (Attachments); Notice (hp) (Entered: 08/09/1999)

08/03/1999 31 OPPOSITION by plaintiffs to the individual defendants' motion for reconsideratin regarding discovery stay (Attachments); Notice (hp) (Entered: 08/09/1999)

08/04/1999 33 MINUTE ORDER of 8/4/99 by Hon. Suzanne B. Conlon : The motion of the individual defendants to reconsider this court's orders of July 28, 1999 is denied. [32-1] (See reverse for details.) Pretrial order no. 1 issued on 02/02/99 is amended as follows: the phrase "upon stipulation of the parties" on page 5 paragraph. 5, is vacated. Paragraph 5 now provides: "Extensions of time may be granted only for good cause shown."(See reverse of minute order.) Conlon, J., Mailed notice (hp) (Entered: 08/09/1999)

08/13/1999 34 NOTICE of filing by plaintiff of the amended certificate of service to plaintiffs' motion to compel defendants to comply with Court-ordered disclosures (hp) (Entered: 08/16/1999)

08/13/1999 41 MOTION by plaintiffs to compel defendants to comply with court-ordered disclosures (Attachments); Notice (hp) (Entered: 08/18/1999)

08/16/1999 35 MOTION by the individual defendants to dismiss plaintiffs' consolidated class action complaint ; Notice (hp) (Entered: 08/17/1999)

08/16/1999 36 MEMORANDUM of law by the individual defendants in support their motion to dismiss the consolidated class action complaint [35-1]; Notice (hp) (Entered: 08/17/1999)

08/16/1999 37 OPPOSITION by the individual defendants and the Underwriter defendants to plaintifffs' motion to compel defendants to comply with Court-Ordered disclosures (Attachment); Notice (hp) (Entered: 08/17/1999)

08/16/1999 38 EXHIBITS by defendant Deloitte & Touche LLP to their motion to dismiss the consolidated class action complaint (2 Vols: 38-1 and 38-2) (hp) (Entered: 08/17/1999)

08/16/1999 39 APPENDIX by defendants of documentary exhibits to the individual defendants' memorandum of law in support of their motion to dismiss the consolidated class action compliant [36-1] (one volume) (hp) Modified on 08/17/1999 (Entered: 08/17/1999)

08/16/1999 40 APPENDIX by defendants of unpublished authority to the individual defendants' memorandum of law in support of their motion to dismiss the consolidated class action complaint [36-1] (one volume) (hp) (Entered: 08/17/1999)

08/16/1999 44 MOTION by the indidividual defendants for leave to file instanter a memorandum in excess of fifteen pages ; Notice (hp) (Entered: 08/20/1999)

08/16/1999 45 MOTION by Underwriter defendantsMerrill Lynch & Co, and Donaldson Lufkin & Jenrette Securities Corp. to dismiss plaintiffs' consolidated complaint ; Notice (hp) (Entered: 08/20/1999)

08/16/1999 46 MEMORANDUM of law by Underwriter defendants Merrill Lynch & Co, and Donaldson Lufkin in support of their motion to dismiss plaintiffs' consolidated complaint [45-1] (Attachment) (hp) (Entered: 08/20/1999)

08/16/1999 47 MOTION by individual defendants by counsel Frances P. Kao for leave to appear pro hac vice Notice (hp) (Entered: 08/20/1999)

08/16/1999 49 MOTION by defendant Deloitte & Touche LLP's to dismiss complaint ; Memorandum in support; Notice (hp) (Entered: 08/26/1999)

08/16/1999 50 RESPONSE by defendant Deloitte & Touche LLP to plaintiffs' motion to compel [41-1] (Attachment) (hp) (Entered: 08/26/1999)

08/17/1999 42 APPLICATION for leave to appear pro hac vice by Frances Kao for defendants; Order entered granting leave by Hon. Suzanne B. Conlon (hp) (Entered: 08/18/1999)

08/17/1999 43 MINUTE ORDER of 8/17/99 by Hon. Suzanne B. Conlon : Defendants Deloitte & Touche, the underwriter defendants, and the individual defendants' motions to dismiss are [35-1] is taken under advisement. Plaintiffs shall file a consolidated response, not exceeding 35 pages, by 09/10/99. Any replies shall be filed by 09/07/99. Plaintiff's motion for class certification shall be filed by 09/10/99. Plaintiffs' motion to compel is moot. [41-1] The previously set status hearing on 08/26/99 is vacated. Mailed notice (hp) (Entered: 08/18/1999)

08/19/1999 48 MINUTE ORDER of 8/19/99 by Hon. Suzanne B. Conlon : Motion by individual defendants for leave for Frances P. Kao to appear pro hav vice is granted. [47-1] The individual defendants' motion for leave to file instanter a memorandum in excess of fifteen pages is granted. [44-1] Mailed notice (hp) (Entered: 08/20/1999)

09/10/1999 51 MOTION by lead plaintiffs for class certification ; Memorandum in support; (Attachment); Notice (hp) Modified on 09/14/1999 (Entered: 09/14/1999)

09/10/1999 52 MEMORANDUM of law by plaintiffs in opposition to defendants' motions to dismiss the consolidated class action complaint [35-1] [45-1] [49-1]; Notice (hp) (Entered: 09/14/1999)

09/13/1999 53 MINUTE ORDER of 9/13/99 by Hon. Suzanne B. Conlon : Defendants' response to plaintiffs' motion for class certification [51-1] is due 10/10/99. Mailed notice (hp) (Entered: 09/14/1999)

09/17/1999 54 REPLY by Underwritier defendants, Merrill Lynch & Co, and Donaldson Lufkin memorandum of law in further support of their motion to dismiss plaintiffs' consolidated complaint [35-1] (Attachment); Notice (hp) (Entered: 09/21/1999)

09/17/1999 55 REPLY by the individual defendants memorandum in support of their motion to dismiss [35-1] (hp) (Entered: 09/21/1999)

09/17/1999 56 REPLY memorandum by defendant Deloitte & Touche LLP in support of its motion to dismiss the consolidated class action complaint [49-1] (Attachment); Notice (hp) (Entered: 09/21/1999)

09/17/1999 57 ADDITIONAL APPENDIX of unpublished authority to the individual defendants' reply memorandum in support of their motion to dismiss [35-1] by individual defendants (Attachment) (one volume) (hp) (Entered: 09/21/1999)

09/21/1999 60 MOTION by the individual defendants J Thomas Elliott, Gerald J Sweas, Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow by the individual defendants for guidance and clarification regarding plaintiffs' motion for class certification (Attachment); Notice (hp) (Entered: 09/30/1999)

09/22/1999 58 MEMORANDUM by plaintiffs in opposition to the individual defendants' motion for "guidance and clarificatin" regarding plaintiffs' class certification motion [51-1]; Notice (hp) (Entered: 09/24/1999)

09/23/1999 59 REPLY by the individual defendants J Thomas Elliott, Gerald J Sweas, Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow in support of their motion for class certification [51-1]; Notice (hp) (Entered: 09/24/1999)

09/24/1999 61 MINUTE ORDER of 9/24/99 by Hon. Suzanne B. Conlon : The individual defendants motion for guidance and clarification regarding plaintiffs' motion for class certification [60-1] is moot. Mailed notice (hp) (Entered: 09/30/1999)

09/27/1999 62 MINUTE ORDER of 9/27/99 by Hon. Suzanne B. Conlon : The motions to dismiss [35-1], [45-1], [49-1] are granted in part and denied in part. Count II is dismissed as to the individual defendants. The motions are denied in all other respects. A memorandum opinion will be issued by 10/06/99. Defendants shall answer the consolidated complaint by 10/15/99. All parties shall comply with FRCP 26(a)(1) by 10/25/99. The case is set for a status hearing on 10/28/99 at 9:00 a.m. Counsel shall submit their proposed discovery and trial schedule to chambers by 10/25/99. Mailed notice (hp) (Entered: 09/30/1999)

10/06/1999 63 MINUTE ORDER of 10/6/99 by Hon. Suzanne B. Conlon : (Enter memorandum opinion and order nunc pro tunc 09/27/99.) Mailed notice (hp) (Entered: 10/08/1999)

10/08/1999 64 NOTION by lead plaintiffs James Jung, Timothy Wesson and Thomas Vonderlinn of withdrawal of request to be certified as claa representative (Attachment); Notice (hp) (Entered: 10/13/1999)

10/12/1999 65 ATTORNEY APPEARANCE for defendants J Thomas Elliott, Gerald J. Sweas, Richard J Brekka, Dean M. Grenwood, Donald J. Hoffman Jr, James P. Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell and Eugene A Sekulow by Paula Marie Stannard (hp) (Entered: 10/14/1999)

10/12/1999 66 RESPONSE by the individual defendants in opposition to lead plaintiffs' motion for class certification [51-1]; Notice (hp) (Entered: 10/14/1999)

10/12/1999 67 APPENDIX by to the individual defendants' response in opposition to lead

plaintiffs' motion for class certification [66-1] (Attachment) (hp) (Entered: 10/14/1999)

10/12/1999 70 MEMORANDUM of law by Underwriter defendants to plaintiffs' motion for class certification [51-1] (Attachments) (yap) (Entered: 10/15/1999)

10/12/1999 71 MEMORANDUM by defendant Deloitte & Touche in opposition to plaintiffs' motion for class certification [51-1] (Attachments) (yap) (Entered: 10/15/1999)

10/14/1999 68 EMERGENCY AGREED MOTION by defendant Deloitte & Touche LLP'S for an extension of time to answer the consolidated class action complaint ; Notice (hp) (Entered: 10/15/1999)

10/14/1999 69 MINUTE ORDER of 10/14/99 by Hon. Suzanne B. Conlon : Defendant Deloitte & Touche LLP's agreed emergency motion for an extension of time to answer the consolidated class action complaint is granted. [68-1] Defendants shall answer by 10/25/99. Mailed notice (hp) (Entered: 10/15/1999)

10/15/1999 72 ANSWER by individual defendants J Thomas Elliott, Gerald J Sweas, Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow to the consolidated class action complaint [19-1]; Notice. (fce) (Entered: 10/18/1999)

10/15/1999 73 REPLY by plaintiff memorandum in support of motion for class certification [51-1]; Notice. (fce) (Entered: 10/18/1999)

10/15/1999 74 ANSWER and affirmative defenses of The Underwriter defendants to plaintiffs' consolidated class action complaint by defendants Merrill Lynch & Co, Cowen & Co., and Donaldson, Lufkin & Jenrette Securities Corporation [19-1] (hp) (Entered: 10/20/1999)

10/25/1999 75 NOTICE by defendant Deloitte & Touche counsel Sidley & Austin of change of address (hp) (Entered: 10/27/1999)

10/25/1999 76 INITIAL DISCLOSURES by defendant Deloitte & Touche LLP's pursuant to Federal Rule of Civil Procedure 26(a)(1) (hp) (Entered: 10/27/1999)

10/25/1999 77 SUBMISSION regarding a proposed discovery and trial schedule by defendants (Attachment) (hp) (Entered: 10/27/1999)

10/25/1999 78 ANSWER to the consolidated class action complaint by defendant Deloitte & Touche LLP [19-1] (hp) (Entered: 10/27/1999)

10/28/1999 99 MINUTE ORDER of 10/28/99 by Hon. Suzanne B. Conlon : Status hearing held. Completion of all fact discovery by 04/30/00. Disclosure pursuant to Federal Rule of Civil Procedure 26(a)(2) of plaintiffs' experts by 05/23/00. Disclosure pursuant to Federal Rule of Civil Procedure 26(a)(2) of defendant's experts by 06/23/00. Completion of expert discovery by 07/24/00. Filing of dispositive motions with supporting memoranda by 08/24/00. Responses due by 09/25/00. Replies, if any, due 10/02/00. Submission of joint pretrial ordder and agreed jury instructions on 11/14/00 at 9:00 a.m. Plaintiffs draft to be submitted to defendants by 11/06/00. Trial is set on 12/04/00 at 9:00 a.m. Firm dates. Mailed notice. (Originally enterred on the wrong docket). (hp) (Entered: 11/30/1999)

10/29/1999 79 MINUTE ORDER of 10/29/99 by Hon. Suzanne B. Conlon : Lead plaintiffs Karr and Priesmeyer's motion for class certification is granted in part and denied in part [51-1]. The court grants Karr and Preismeyer's request to certifiy a plaintiff class, but denies their request to certify an underwriter defendant class. (Entered Memorandum Opinion and Order) Notice mailed by Judge's staff (ar) (Entered: 11/01/1999)

11/02/1999 82 APPLICATION for leave to appear pro hac vice by Samuel P. Sporn for plaintiff; Order entered granting leave by Hon. Suzanne B. Conlon (dmkf) (Entered: 11/04/1999)

11/03/1999 80 APPLICATION for leave to appear pro hac vice by Christopher Lometti for plaintiff; Order entered granting leave by Hon. Suzanne B. Conlon (dmkf) (Entered: 11/04/1999)

11/03/1999 81 APPLICATION for leave to appear pro hac vice by Marian P. Rosner for plaintiff; Order entered granting leave by Hon. Suzanne B. Conlon (dmkf) (Entered: 11/04/1999)

11/03/1999 83 APPLICATION for leave to appear pro hac vice by Paul O. Paradis for plaintiff; Order entered granting leave by Hon. Suzanne B. Conlon (dmkf) (Entered: 11/04/1999)

11/05/1999 86 MOTION by plaintiff for entry of a protective order (Attachment); Notice (hp) (Entered: 11/15/1999)

11/05/1999 87 MOTION by defendants for a protective order (Attachment); Notice (hp) (Entered: 11/15/1999)

11/09/1999 84 MEMORANDUM of law by plaintiff in opposition to defendants' motion for entry of a protective order ; Notice (las) (Entered: 11/10/1999)

11/09/1999 85 MEMORANDUM in opposition by defendant to plaintiffs' motion for a protective order ; Notice (las) Modified on 11/15/1999 (Entered: 11/10/1999)

11/10/1999 88 MINUTE ORDER of 11/10/99 by Hon. Suzanne B. Conlon : Defendants' and plaintiffs' motions for a protective order are granted [87-1] in part and denied in part [86-1] for reasons stated in open court. Mailed notice (hp) (Entered: 11/15/1999)

11/10/1999 90 MOTION by plaintiffs for a finding of relatedness and for consolidation with case no. 99 C 7145 (Attachment); Notice (hp) (Entered: 11/17/1999)

11/12/1999 91 MINUTE ORDER of 11/12/99 by Hon. Suzanne B. Conlon : Plaintiff's motion for finding of relatedness and for consolidation is taken under advisement. [90-1] Any objections shall be filed by 11/19/99. Mailed notice (hp) (Entered: 11/17/1999)

11/15/1999 89 RESPONSE by The individual defendants to plaintiffs' motion for finding of relatedness and for consolidation to correct the record (Attachment); Notice (hp) (Entered: 11/16/1999)

11/16/1999 92 AMENDED notice of filing by defendants regarding response [89-1] (hp) (Entered: 11/17/1999)

11/16/1999 93 AMENDED certificate of service by defendants regarding response and objections

[89-1] (hp) (Entered: 11/17/1999)

11/19/1999 94 RESPONSE by defendant, FMR Corp., to plaintiffs' motion for a finding of relatedness and for consolidation with case no. 99 C 7145 [90-1] (hp) (Entered: 11/23/1999)

11/19/1999 95 RESPONSE by defendant Prime New Ventures to plaintiffs' motion for a finding of relatedness and for consolidation with case no. 99 C 7145 [90-1] (hp) (Entered: 11/23/1999)

11/19/1999 96 RESPONSE by defendant Harbourvest Partners, LLC to plaintiff's motion for a finding of relatedness and for consolidation [90-1]; Notice (hp) (Entered: 11/24/1999)

11/22/1999 97 REPLY by plaintiffs in support of their motion for a finding of relatedness and consolidation [90-1]; Notice (hp) (Entered: 11/24/1999)

11/23/1999 98 NOTICE of filing by plaintiffs regarding amended certificate of service to plaintiffs' reply in support of motion for finding of relatedness and consolidation (hp) (Entered: 11/29/1999)

11/24/1999 100 MINUTE ORDER of 11/24/99 by Hon. Suzanne B. Conlon : Plaintiffs' motion for a finding of relatedness and for consolidation with case no. 99 C 7145 is denied. [90-1] Mailed notice (hp) (Entered: 12/07/1999)

12/13/1999 101 MOTION by plaintiffs for an order of sanctions pursuant to Fed.R. Civ. P. 37 against the individual dfendants and compelling production of documents (RESTRICTED) (hp) (Entered: 12/17/1999)

12/13/1999 102 NOTICE of motion by plaintiffs of motion for an order of sanctions pursuant to Fed.R. Civ. P. 37 against the individual dfendants [101-1] motion compelling production of documents [101-2] (hp) (Entered: 12/17/1999)

12/15/1999 104 RESPONSE by individual defendants in opposition to plaintiffs' motion for an order of sanctions Pursuant to Fed.R. Civ. P. 37 against the individual defendants [101-1] and compelling production of documents [101-2] (Attachment); Notice (hp) (Entered: 12/23/1999)

12/16/1999 103 MINUTE ORDER of 12/16/99 by Hon. Suzanne B. Conlon : Plaintiff's motion for an order of sanctions pursuant to Fed.R. Civ. P. 37 against the individual dfendants [101-1] and compelling production of documents [101-2] is taken under advisement. Individual defendants shall respond by 01/04/00; plaintiffs to reply by 01/11/00. Mailed notice (hp) (Entered: 12/17/1999)

01/04/2000 105 RESPONSE by the individual defendants, Richard J. Brekka, J Thomas Elliott, James P. Hynes, William A. Johnston, David C. Mitchell, Eugene A. Sekulow in opposition to plaintiffs' motion for an order of sanctions pursuant to Fed.R. Civ. P. 37 against the individual dfendants [101-1] and compelling production of documents [101-2] (Attachment); Notice (hp) (Entered: 01/07/2000)

01/04/2000 106 DECLARATION of Thomas Jeavons [105-1]; Notice (hp) (Entered: 01/07/2000)

01/04/2000 107 DECLARATION of Lane Foster [105-1] (hp) (Entered: 01/07/2000)

01/04/2000 108 DECLARATION of Virginia ("Ginger") L. Alpers [105-1] (hp) (Entered:

01/07/2000)

01/04/2000 109 DECLARATION of Thomas A. Monson [105-1] (hp) (Entered: 01/07/2000)

01/04/2000 110 DECLARATION of Dennis B. Dundon [105-1] (hp) (Entered: 01/07/2000)

01/04/2000 111 DECLARATION of J. Thomas Elliott [105-1] (hp) (Entered: 01/07/2000)

01/04/2000 113 MOTION by the individual defendants J. Thomas Elliott, Gerald J. Sweas, Richard J. Brekka, Dean M. Grenwood, Donald J. Hoffman Jr, James P. Hynes, William A. Johnston, Ian M. Kidson, Paul S. Lattanzio, David C. Mitchell, Eugene A. Sekulow to compel plaintiffs to answer interrogatories and document request (Attachments); Notice (hp) (Entered: 01/14/2000)

01/04/2000 114 MOTION by defendant certain individual defendants Richard J. Thomas Elliott, James P. Hynes, William A. Johnston, David C. Mitchell, and Eugene A. Sekulow to strike witness statements and all references to such witness statements contained in plaintiffs' motion for an order of sanctions pursuant to Fed. R. P.37 against the individual defendants and compelling production of documents (Attachment); Notice (hp) (Entered: 01/14/2000)

01/04/2000 115 APPENDIX by individual defendants of unpublished authority to the individual defendants' motion to compel plaintiffs to answer interrogatories and document requests [113-1] (Attachment); Notice (hp) (Entered: 01/14/2000)

01/07/2000 112 ATTORNEY APPEARANCE for defendants Merrill Lynch & Co., Donaldson Lufkin & Jenrette Securities Corp., by Eric P. Berlin (hp) (Entered: 01/11/2000)

01/10/2000 118 MOTION by plaintiffs for entry of protective order ; Notice. (srb) (Entered: 01/20/2000)

01/11/2000 116 MINUTE ORDER of 1/11/00 by Hon. Suzanne B. Conlon : Plaintiffs' motion for sanctions pursuant to FRCP 37 against the individual defendants and compelling production of documents, [101-2] the individual defendants' motion to compel plaintiffs to answer interrogatories and document requests, and the individual defendants' motion to strike witness statements are referred to Magistrate Judge Sidney Schenkier. [101-1] [113-1] [114-1] Mailed notice (hp) (Entered: 01/14/2000)

01/13/2000 117 REFERRAL ORDER of 1/13/00 Referring to Hon. Sidney I. Schenkier from the Hon. Suzanne B. Conlon, plaintiffs' motion for sanctions pursuant to Fed.R. Civ. P. 37 against the individual defendants [101-1] and compelling production of documents [101-2]; the individual defendants' motion to compel plaintiffs to answer interrogatories and document requests [113-1] and the individual defendants' motion to strike witness statements . (For further detail see order.) Mailed notice. (srb) (Entered: 01/18/2000)

01/18/2000 119 MINUTE ORDER of 1/18/00 by Hon. Suzanne B. Conlon: Plaintiffs' motion for entry of protective order is granted [118-1]. (Entered Protective Order). Mailed notice. (srb) (Entered: 01/20/2000)

01/18/2000 127 NOTICE of motion by plaintiff regarding motion for leave to file an overlength reply memorandum instanter in support of their motion for sanctions. (srb) (Entered: 01/26/2000)

01/18/2000 128 OPPOSITION by plaintiff to certain individual defendants' motion to strike witness statements and all references to such witness statements contained in plaintiffs' motion for an order of sanctions [114-1] (Attachments); Notice. (srb) (Entered: 01/26/2000)

01/18/2000 129 REPLY MEMORANDUM by plaintiffs in support of motion for an order of sanctions pursuant to Fed.R. Civ. P. 37 against the individual defendants [101-1] and compelling production of documents [101-2] (RESTRICTED). (srb) (Entered: 01/26/2000)

01/19/2000 120 STATUS CONFERENCE REPORT by plaintiffs (Attachment); Notice. (srb) (Entered: 01/20/2000)

01/19/2000 121 REPLY MEMORANDUM by certain defendants in support of motion to strike witness statements and all references to such witness statements contained in plaintiffs' motion for an order of sanctions pursuant to Fed. R. P.37 against the individual defendants and compelling production of documents [114-1] (Attachment); Notice. (srb) (Entered: 01/20/2000)

01/19/2000 122 MINUTE ORDER of 1/19/00 by Hon. Suzanne B. Conlon: Defendants' motion to maintain under seal is referred to Magistrate Judge Schenkier. Mailed notice. (srb) (Entered: 01/21/2000)

01/19/2000 123 REFERRAL ORDER of 1/19/00 Case referred to Hon. Sidney I. Schenkier from Hon. Suzanne B. Conlon for defendants' motion to maintain under seal. (For further detail see order.) Mailed notice. (srb) (Entered: 01/21/2000)

01/19/2000 125 MOTION by defendants for leave to file certain individual defendants' surreply in oppostion to plaintiffs' motion for an order of sanctions pursuant to Fed. R. Civ. P. 37 against the individual defendants and compelling production of documents (Attachments); Notice (meg) (Entered: 01/24/2000)

01/19/2000 126 EXHIBITS by defendant motion for leave to file certain individual defendants' surreply in oppostion to plaintiffs' motion for an order of sanctions pursuant to Fed. R. Civ. P. 37 against the individual defendants and compelling production of documents [125-1] (RESTRICTED) (meg) (Entered: 01/24/2000)

01/21/2000 124 MINUTE ORDER of 1/21/00 by Hon. Sidney I. Schenkier : For the reasons stated in open court and more fully detailed on the reverse of this minute order. Defendant's motion to maintain under seal the documents filed in connection with plaintiffs' motion for sanctions is granted in part. Plaintiff's motion for an order of sanctions [101-1] and motion to strike [114-1] are entered and continued. Plaintiffs' motion to compel production of documents [101-2] and defendants' motion to compel and plaintiffs intended motion to compel production of documents by the underwriter defendnats and by Deloitte & Touche LLP [113-1] are all set for argument on 1/27/00 at 1:30 p.m. Status hearing held. (See reverse of minute order.) Mailed notice by judge's staff (meg) (Entered: 01/24/2000)

01/21/2000 130 MOTION by plaintiff to compel responses to their first request for the production of documents to the Underwriter defendants with memorandum in support (Attachment); Notices. (srb) (Entered: 01/26/2000)

01/21/2000 130 MEMORANDUM by plaintiff in support motion to compel responses to their first

request for the production of documents to the Underwriter defendants [130-1] with motion (Attachment); Notices (srb) (Entered: 01/26/2000)

01/21/2000 132 MOTION by plaintiff to compel responses to their first request for the production of documents to defendant Deloitte & Touche LLP with memorandum in support (Attachment); Notices. (srb) (Entered: 01/28/2000)

01/21/2000 132 MEMORANDUM by plaintiff in support motion to compel responses to their first request for the production of documents to defendant Deloitte & Touche LLP [132-1] with motion (Attachment); Notices. (srb) (Entered: 01/28/2000)

01/25/2000 133 SUPPLEMENTAL MEMORANDUM of law by plaintiff in further support of their motion to compel production of documents [132-1] (Attachment); Notice. (srb) (Entered: 01/28/2000)

01/25/2000 134 STATEMENT by individual defendants J Thomas Elliott, Gerald J Sweas, Richard J Brekka, Dean M Grenwood, Donald J Hofmann Jr, James P Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, and Eugene A Sekulow in opposition to plaintiffs' motion to compel production of documents [132-1] (Attachments); Notice. (srb) (Entered: 01/28/2000)

01/27/2000 131 EXPEDITED REFERRAL ORDER: Case referred to Hon. Sidney I. Schenkier for discovery motions Mailed notice. (fce) (Entered: 01/27/2000)

01/27/2000 135 MINUTE ORDER of 1/27/00 by Hon. Sidney I. Schenkier : Motion hearing held. For the reasons stated in open court, plaintiff's motion to compel responses to their first request for the production of documents to the Underwriter defendants is granted [130-1] in part and denied in part. Plaintiffs' motion to compel responses to their first request for the production of documents to defendant Deloitte & Touche LLP is granted [132-1] in part and denied in part. The individula defendants' motion to compel plaintiffs to answer interrogatories and document request is granted [113-1] in part and denied in part. Plaintiffs' motion to compel production of documents is granted [101-2] in part and denied in part. Status hearing set for 2/16/00 at 10:00 a.m. (Entered Order). Mailed notice by judge's staff (meg) (Entered: 01/31/2000)

01/31/2000 139 MOTION by Thomas Zidron, Streetsmart Res Inc, Streetsmart Concepts and Streetsmart Channels for a protective order regarding subpoenas served on Security Bank of DuPage and Blackman Kallick Bartelstein (Attachments); Notice. (srb) (Entered: 02/15/2000)

02/01/2000 136 EMERGENCY MOTION by plaintiff for protective order ; Emergency Notice (meg) (Entered: 02/03/2000)

02/02/2000 137 MINUTE ORDER of 2/2/00 by Hon. Sidney I. Schenkier : Hearing held on plaintiffs' emergency motion for protective order in connection with interrogatory No.9 served by the individual defendants on 1/28/00. For the reasons stated on record, the motion for protective order is denied [136-1]. (See reverse of minute order.) Mailed notice by judge's staff (meg) Modified on 02/03/2000 (Entered: 02/03/2000)

02/08/2000 138 MOTION by Thomas Zidron, Streetsmart Resources, Inc., Streetsmart Concepts, Inc. and Streetsmart Channels, Inc. to withdraw motion of Thomas Zidron,

Streetsmart Resources, Inc., Streetsmart Concepts, Inc. and Streetsmart Channels, Inc. for a protective order (fce) (Entered: 02/14/2000)

02/10/2000 140 MINUTE ORDER of 2/10/00 by Hon. Suzanne B. Conlon: Defendant's motion to withdraw motion for protective order is granted [138-1]. Defendant's motion for a protective order is withdrawn [139-1]. Mailed notice. (srb) (Entered: 02/15/2000)

02/16/2000 141 MOTION by plaintiff to compel response to their first request for the production of documens to USN Communications, Inc. (Attachments); Memorandum in support. (fce) (Entered: 02/18/2000)

02/16/2000 144 MINUTE ORDER of 2/16/00 by Hon. Sidney I. Schenkier: The parties report on the status of document production and the court sets a production schedule that is more fully detailed on the reverse of this minute order. Plaintiff and the individual defendants indicate that they may be filing motions to compel with respect to certain recent discovery responses that were required by the court's minute order dated 1/27/00. Any such motions shall be filed by 2/17/00. The court will hear argument on 2/22/00 at 8:30 a.m. Status hearing held; continued to 3/9/00 at 10:00 a.m. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 02/18/2000)

02/17/2000 142 TRANSCRIPT of proceedings for the following date(s): 1/20/00 Before Honorable Sidney I. Schenkier (fce) (Entered: 02/18/2000)

02/17/2000 143 MOTION by defendants J Thomas Elliott, Gerald J Sweas, Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow to compel plaintiffs to answer interrogatory No. 9 (Attachments) (fce) (Entered: 02/18/2000)

02/22/2000 145 MINUTE ORDER of 2/22/00 by Hon. Sidney I. Schenkier : Motion hearing held. For the reasons state more fully in open court and on the reverse of this minute order, plaintiffs' motion to compel is granted [141-1] in part and denied part. The individual defendants' motion to compel further response to interrogatory No. 9 is granted [143-1] in part and denied in part. (See reverse of minute order.) Mailed notice by judge's staff (meg) (Entered: 02/23/2000)

03/08/2000 146 DISCOVERY STATUS REPORT by plaintiffs (Attachments); Notice. (srb) (Entered: 03/15/2000)

03/09/2000 SCHEDULE set on 3/9/00 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:30 a.m. on 3/14/00. The parties reported on the status of document production. The production of the 200 boxes off site in Chicago and the 2 CD Roms containing directory/e-mail information will be completed by 3/23/00. Mailed notice (fce) (Entered: 03/10/2000)

03/09/2000 147 DISCOVERY STATUS REPORT by plaintiffs with motion to amend discovery schedule (Attachments). (srb) (Entered: 03/15/2000)

03/09/2000 147 MOTION by plaintiffs to amend discovery schedule with discovery status report (Attachments). (srb) (Entered: 03/15/2000)

03/09/2000 148 NOTICE of motion by plaintiffs regarding discovery status report [147-1] and motion to amend discovery schedule [147-1]. (srb) (Entered: 03/15/2000)

03/13/2000 149 RESPONSE by the Underwriter defendants to plaintiffs' discovery status report [147-1] and motion to amend discovery schedule [147-1]; Notice. (srb) (Entered: 03/15/2000)

03/13/2000 150 RESPONSE by the individual defendants' to plaintiffs' discovery status report [147-1] and motion to amend discovery schedule [147-1] (Attachments). (srb) (Entered: 03/15/2000)

03/14/2000 SCHEDULE set on 3/14/00 by Hon. Sidney I. Schenkier : Parties report that the deadline for non-expert fact discovery has been extended by Judge Conlon to 7/7/00. The parties intend to pursue mediation discussions prior to the commencement of depostions scheduled to begin 5/1/00. Status hearing held and continued to 8:30 a.m. on 3/23/00. At the next scheduled hearing the parties are to report on the status of document production, privilege log and selection of mediator. Mailed notice (fce) (Entered: 03/14/2000)

03/14/2000 151 MINUTE ORDER of 3/14/00 by Hon. Suzanne B. Conlon: Plaintiff's motion to amend discovery schedule is granted [147-1] in part. Minute order of 10/28/00 is amended as follows: Completion of all fact discovery is extended from 4/30/00 to 7/7/00. Disclosure pursuant to Federal Rule of Civil Procedure 26(a)(2) of plaintiffs' experts extended from 5/23/00 to 7/7/00. Disclosure pursuant to Federal Rule of Civil Procedure 26(a)(2) of defendant's experts extended from 6/23/00 to 8/1/00. Completion of expert discovery extended from 7/24/00 to 8/25/00. Filing of dispositive motions with supporting memoranda extended from 8/24/00 to 8/28/00. Responses due 9/18/00; replies, if any, due 9/27/00. All other dates stand. Mailed notice. (srb) (Entered: 03/21/2000)

03/27/2000 152 ATTORNEY APPEARANCE for defendants Merrill Lynch & Co and Donaldson Lufkin by Joseph P. Shereba. (srb) (Entered: 03/29/2000)

03/27/2000 153 MOTION by plaintiffs to compel the individual defendants to comply with the court's instructions concerning privilege logs with memorandum of law in support thereof (Attachments). (srb) (Entered: 03/29/2000)

03/27/2000 154 NOTICE of motion by plaintiffs regarding motion to compel the individual defendants to comply with the court's instructions concerning privilege logs [153-1]. (srb) (Entered: 03/29/2000)

03/27/2000 155 MOTION by plaintiffs to compel responses to plaintiffs' first set of interrogatories and second set of document requests to the individual defendants with memorandum in support (Attachments). (srb) (Entered: 03/29/2000)

03/27/2000 156 NOTICE of motion by plaintiffs regarding motion and memorandum in support of motion to compel responses to plaintiffs' first set of interrogatories and second set of document requests to the individual defendants [155-1]. (srb) (Entered: 03/29/2000)

03/28/2000 SCHEDULE set on 3/28/00 by Hon. Sidney I. Schenkier : Status hearing held. By the end of business today, plaintiff shall provide to counsel for the Individual defendants a proposed list of names of the individuals that they intend to depose. Mailed notice (fce) (Entered: 03/28/2000)

03/30/2000 157 MINUTE ORDER of 3/30/00 by Hon. Sidney I. Schenkier: Motion hearing held.

For reasons stated in open court and more fully detailed on the reverse of this minute order, plaintiffs' motion to compel responses to plaintiffs' first set of interrogatories and second set of document requests to the individual defendants is granted [155-1]. Plaintiffs' motion to compel the individual defendants to comply with the court's instructions concerning privilege logs is denied [153-1]. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 03/31/2000)

04/06/2000 159 MOTION by plaintiffs to compel production of electronically stored data responsive to plaintiffs' first request for the production of USN documents or, in the alternative for sanctions pursuant to Fed.R.Civ.P.37 with memorandum in support (Attachments). (srb) (Entered: 04/11/2000)

04/06/2000 159 MEMORANDUM by plaintiffs in support of motion to compel production of electronically stored data responsive to plaintiffs' first request for the production of USN documents [159-1] or, in the alternative, for sanctions pursuant to Fed.R.Civ.P.37 [159-2] with motions (Attachments). (srb) (Entered: 04/11/2000)

04/06/2000 160 NOTICE of motion by plaintiffs regarding motion to compel production of electronically stored data responsive to plaintiffs' first request for the production of USN documents [159-1] or, in the alternative, for sanctions pursuant to Fed.R.Civ.P.37 [159-2] with memorandum in support [159-1]. (srb) (Entered: 04/11/2000)

04/07/2000 158 AFFIDAVIT of Paul O. Paradis in support of plaintiffs' motion to compel production of electronically stored data responsive to plaintiffs' first request for the production of USN documents or, in the alternative, for sanctions pursuant to Fed. R. Civ. P. 37 (Attachments); Notice. (fce) (Entered: 04/10/2000)

04/10/2000 161 MOTION by defendants for protective order regarding plaintiffs' proposed deposition schedule (Attachments); Notice. (fce) (Entered: 04/12/2000)

04/11/2000 162 MINUTE ORDER of 4/11/00 by Hon. Sidney I. Schenkier : Motion hearing held. For the reasons stated on the record in open court, the plaintiff's motion to compel production of electronically stored data responsive to plaintiffs' first request for the production of USN documents is granted [159-1], or in the alternative, for sanctions pursuant to Fed.R.Civ.P.37 is denied [159-2]. The computer system necessary to review the Vantive Sales System CD Rom is to be in place by 4/25/00. Mailed notice by judge's staff (fce) (Entered: 04/12/2000)

04/13/2000 165 MINUTE ORDER of 4/13/00 by Hon. Sidney I. Schenkier: Status hearing set for 5/16/00 at 9:00 a.m. Motion hearing held. Defendants' motion for protective order regarding plaintiffs' proposed deposition schedule is granted [161-1] in part and denied in part, as stated more fully on the record and on the reverse of this minute order. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 04/26/2000)

04/14/2000 163 TRANSCRIPT of proceedings for the following date(s): 3/28/00 and 3/30/00 Before Honorable Sidney I. Schenkier (2 Volumes: 163-1 through 163-2) (fce) (Entered: 04/17/2000)

04/19/2000 164 ATTORNEY APPEARANCE for defendant Deloitte & Touche by David Andrew Gordon (yap) (Entered: 04/25/2000)

05/04/2000 166 MOTION by defendant Deloitte & Touche to compel plaintiffs to respond to Deloitee & Touche LLP's interrogatories number 3 and number 4 (Attachments); Notice. (emd) (Entered: 05/05/2000)

05/04/2000 167 MOTION by defendant Deloitte & Touche to determine the sufficiency of plaintiffs' response to defendant Deloitee & Touche LLP's first request for admissions to plaintiffs (Attachments); Notice. (emd) (Entered: 05/05/2000)

05/04/2000 168 MEMORANDUM by defendant Deloitte & Touche in support of its motion to determine the sufficiency of plaintiffs' response to defendant Deloitee & Touche LLP's first request for admissions to plaintiffs [167-1], and motion to compel plaintiffs to respond to Deloitee & Touche LLP's interrogatories number 3 and number 4 [166-1]. (emd) (Entered: 05/05/2000)

05/05/2000 169 RE-NOTICE by defendant Deloitte & Touche of motion to determine the sufficiency of plaintiffs' response to defendant Deloitee & Touche LLP's first request for admissions to plaintiffs [167-1] (eav) (Entered: 05/09/2000)

05/17/2000 170 MINUTE ORDER of 5/17/00 by Hon. Sidney I. Schenkier: Status hearing held; continued to 5/23/00 at 9:00 a.m. Motion hearing held. For the reasons stated in open court and more fully detailed on the reverse of this minute order, defendant Deloitte & Touche LLP's motion to compel plaintiffs to respond to Deloitee & Touche LLP's interrogatories number 3 and number 4 is granted [166-1]. Defendant Deloitte & Touche LLP's motion to determine the sufficiency of plaintiffs' response to defendant Deloitte & Touche LLP's first request for admissions is granted [167-1] in part and denied in part. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 05/22/2000)

05/23/2000 SCHEDULE set on 5/23/00 by Hon. Sidney I. Schenkier : Status hearing held and continued to 10:00 a.m. on 7/11/00. A telephone status conference is set for 05/26/00 at 9:30 a.m. as stated in open court. Mailed notice (fce) (Entered: 05/23/2000)

05/23/2000 171 TRANSCRIPT of proceedings for the following date(s): 06/17/00 before the Honorable Suzanne B. Conlon (1 vol.) (ar) (Entered: 05/24/2000)

05/26/2000 172 MINUTE ORDER of 5/26/00 by Hon. Sidney I. Schenkier: Telephone status conference held. Status hearing set for 7/11/00 at 10:00 a.m. Mailed notice by judge's staff. (srb) (Entered: 05/30/2000)

05/30/2000 173 NOTICE of filing by defendants Merrill Lynch & Co, SG Cowen & Co., and Donaldson Lufkin regarding pro hac vice forms. (srb) (Entered: 06/02/2000)

05/31/2000 174 APPLICATION for leave to appear pro hac vice by Joseph P. Cyr for defendant Merrill Lynch & Co; Order entered granting leave by Hon. Suzanne B. Conlon. (srb) (Entered: 06/02/2000)

05/31/2000 175 APPLICATION for leave to appear pro hac vice by Mark R. Anderson for defendant Merrill Lynch & Co; Order entered granting leave by Hon. Suzanne B. Conlon. (srb) (Entered: 06/02/2000)

05/31/2000 176 APPLICATION for leave to appear pro hac vice by Johanna Calabria for defendant Merrill Lynch & Co; Order entered granting leave by Hon. Suzanne B. Conlon. (srb) (Entered: 06/02/2000)

05/31/2000 177 APPLICATION for leave to appear pro hac vice by Nicholas Crowell for defendant Merrill Lynch & Co; Order entered granting leave by Hon. Suzanne B. Conlon. (srb) (Entered: 06/02/2000)

06/02/2000 180 UNOPPOSED MOTION by defendant Dean M Grenwood for leave to substitute counsel ; Notice. (srb) Modified on 06/09/2000 (Entered: 06/09/2000)

06/06/2000 SCHEDULE set on 6/6/00 by Hon. Sidney I. Schenkier : Telephone status hearing set for 9:00 a.m. on 6/9/00. Mailed notice (fce) (Entered: 06/06/2000)

06/06/2000 178 APPLICATION for leave to appear pro hac vice by Katherine D. Jordan for defendant Dean M Grenwood; Order entered granting leave by Hon. Suzanne B. Conlon. (srb) (Entered: 06/08/2000)

06/06/2000 179 APPLICATION for leave to appear pro hac vice by Richard D. Milvenan for defendant Dean M Grenwood; Order entered granting leave by Hon. Suzanne B. Conlon. (srb) (Entered: 06/08/2000)

06/07/2000 181 MINUTE ORDER of 6/7/00 by Hon. Suzanne B. Conlon: Defendant Greenwood's unopposed motion for leave to substitute counsel [180-1] and to designate L. Roger Boord as local counsel is granted. Richard Milvenan and Kate Jordan are granted leave to file their appearance to substitute Skadden, Arps, as counsel for Mr. Greenwood. Withdrawing attorney Paula Marie Stannard for Dean M Grenwood and Frances Kao for Dean M Grenwood. Mailed notice. (srb) (Entered: 06/09/2000)

06/09/2000 182 TRANSCRIPT of proceedings for the following date(s): 2/2/00, 2/16/00, 2/22/00 & 4/11/00; Before Honorable Sidney I. Schenkier (182-1 through 182-4). (srb) (Entered: 06/12/2000)

06/09/2000 183 MINUTE ORDER of 6/9/00 by Hon. Sidney I. Schenkier: Motion hearing held by telephone. The court entered the following rulings: 1. Plaintiffs' oral motion to reschedule the deposition of Mr. Elliott is denied. 2. Plaintiffs' oral motion to amend the court's 4/13/00 order to permit more than three depositions to proceed on certain days is granted in part and denied in part. The court orders that the deposition of Mr. Duffy, currently set for 6/21/00 be reset. In the event the Duffy deposition is reset to 6/21/00, the court will allow four depositions to proceed on that day. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 06/12/2000)

06/15/2000 184 APPLICATION for leave to appear pro hac vice by Jeffrey W. Chambers for Tom Karr; Order entered granting leave by Hon. Suzanne B. Conlon. (srb) (Entered: 06/19/2000)

06/16/2000 185 ATTORNEY APPEARANCE for defendants Merrill Lynch & Co, Cowen & Co. and Donaldson, Lufkin & Jenrette Sec Corp by Beth A. O'Connor. (srb) (Entered: 06/19/2000)

06/27/2000 186 TRANSCRIPT of proceedings for the following date(s): 4/13/00 Before Honorable Magistrate Judge Sidney I. Schenkier (emd) (Entered: 06/27/2000)

06/28/2000 192 UNOPPOSED MOTION by defendants Richard J Brekka, Ian M Kidson, Paul S Lattanzio, David C Mitchell, William A Johnston and Eugene A Sekulow for leave to substitute counsel of six individual defendants ; Notice. (srb) (Entered:

07/21/2000)

07/06/2000 187 TRANSCRIPT of proceedings for the following date(s): 5/16/00 Before Honorable Sidney I. Schenkier. (srb) (Entered: 07/07/2000)

07/06/2000 188 MINUTE ORDER of 7/6/00 by Hon. Sidney I. Schenkier: Motion hearing held. For the reasons stated in open court, plaintiffs' motion to compel responses to their first set of interrogatories and second set of document requests to defendant Deloitte & Touche, LLP is denied. Mailed notice by judge's staff. (srb) (Entered: 07/10/2000)

07/06/2000 194 UNOPPOSED MOTION by defendants Richard J. Brekka, Dean M. Grenwood, Donald J. Hoffman, Jr, James P. Hynes, William A. Johnston, Ian M. Kidson, Paul S. Lattanzio, David C. Mitchell and Eugene A. Sekulow for leave to withdraw Skadden, Arps as counsel for all the former outside directors of USN ; Notice (hp) (Entered: 07/21/2000)

07/06/2000 203 UNOPPOSED MOTION by defendant James P Hynes' counsel for leave to substitute counsel for defendant James P. Hynes (Attachment); Notice. (srb) (Entered: 07/24/2000)

07/07/2000 189 ATTORNEY APPEARANCE for defendant Donald J Hoffman Jr by Timothy John Rooney, Terry M. Grimm, Jack J. Crowe and Peter James McCarthy. (srb) (Entered: 07/10/2000)

07/07/2000 190 STATUS CONFERENCE REPORT by plaintiff (Attachments); Notice. (srb) (Entered: 07/11/2000)

07/07/2000 201 UNOPPOSED MOTION by defendant Donald J Hofmann Jr's counsel for leave to substitute counsel of Donald Hofmann ; Notice.(srb) Modified on 07/24/2000 (Entered: 07/24/2000)

07/11/2000 193 MINUTE ORDER of 7/11/00 by Hon. Suzanne B. Conlon: The individual defendants' motion for leave to substitute counsel of six defendants is granted [192-1]. Vincent Connelly, Herbert L. Zarov, Douglas A. Albritton, Jennifer L. Rakstad and Heather O'Farrell are granted leave to file their substitute appearances as counsel for the defendant. Withdrawing Paula Marie Stannard and Frances P Kao for defendants Richard J. Brekka, Ian M Kidson, Paul S Lattanzio, David C Mitchell, William A Johnston and Eugene A Sekulow and substituting attorneys Vincent J. Connelly, Herbert L. Zarov, Douglas Alan Albritton, Jennifer Lynn Rakstad and Heather Lee O'Farrell. Mailed notice. (srb) (Entered: 07/21/2000)

07/11/2000 195 MINUTE ORDER of 7/11/00 by Hon. Suzanne B. Conlon : The unopposed motion of Christina M. Tchen, Paula Marie Stannard, Tiffanie Noelle Cason, Janet E. Byrne Thabit, and Frances P. Kao for leave to withdraw as counsel for all the former outside directors of USN is granted. [194-1] Mailed notice (hp) (Entered: 07/21/2000)

07/11/2000 197 ATTORNEY APPEARANCE for defendants Paul S Lattanzio, Ian M Kidson, Richard J Brekka, David C Mitchell, Eugene A Sekulow and William A Johnston by Herbert L. Zarov, Vincent J. Connelly, Douglas A. Albritton, Jennifer L. Rakstad and Heather O'Farrell. (srb) (Entered: 07/24/2000)

07/11/2000 202 MINUTE ORDER of 7/11/00 by Hon. Suzanne B. Conlon: Defendant Donald Hoffmann's unopposed motion for leave to substitute counsel is granted [201-1].

Terry Grimm, Timothy Rooney, Jack J. Crow and Peter McCarthy are granted leave to file their substitute appearances as counsel for defendant Donald Hoffmann. Withdrawing attorney Paula Marie Stannard and Frances P Kao for Donald Hoffmann. Mailed notice. (srb) (Entered: 07/24/2000)

07/12/2000 191 MINUTE ORDER of 7/12/00 by Hon. Sidney I. Schenkier : Status hearing held; continued to 8/17/00 at 10:00 a.m. Status and motion hearing held . For the reasons stated in open court and more fully detailed on the reverse side of this minute order, plaintiffs' amended motion to compel responses to their first set of interrogatories and second set of document requests to defendant Deloitte & Touche, LLP is granted in part and denied in part. Plaintiffs' motion for protective order is denied. Certain Individual defendants' motion to compel is granted. By agreement, plaintiffs have withdrawn their motion for sanctions [101-1]. (See reverse of minute order). Mailed notice. by judge's staff. (srb) (Entered: 07/17/2000)

07/13/2000 204 MINUTE ORDER of 7/13/00 by Hon. Suzanne B. Conlon: Defendant's unopposed motion for leave to substitute counsel is granted [203-1]. Peter Welsh, John D. Donovan, Jr., David Kistenbroker, Leah Domitrovic and Christopher G. Green are granted leave to file their substitute appearances as counsel for defendant James P. Hynes. Withdrawing attorney Paula Marie Stannard and Frances P Kao for James P Hynes. Mailed notice. (srb) (Entered: 07/24/2000)

07/13/2000 205 ATTORNEY APPEARANCE for defendant James P Hynes by David H. Kistenbroker and Leah J. Domitrovic. (srb) (Entered: 07/24/2000)

07/13/2000 206 ATTORNEY APPEARANCE for defendant James P Hynes by John D Donovan Jr., Christopher G. Green and Peter L. Welsh. (srb) (Entered: 07/24/2000)

07/19/2000 196 TRANSCRIPT of proceedings for the following date(s): 5/23/00 Before Honorable Sidney I. Schenkier. (srb) (Entered: 07/21/2000)

07/20/2000 198 MOTION by plaintiffs to compel the production of USN documents identified during deposition testimony with memorandum in support (Attachments). (srb) (Entered: 07/24/2000)

07/20/2000 198 MEMORANDUM by plaintiffs in support motion to compel the production of USN documents identified during deposition testimony [198-1] with motion (Attachments). (srb) (Entered: 07/24/2000)

07/20/2000 199 NOTICE of filing by plaintiffs regarding motion to compel the production of USN documents identified during deposition testimony [198-1] with memorandum [198-1] in support. (srb) (Entered: 07/24/2000)

07/20/2000 200 MOTION by plaintiffs to compel the individual defendants to produce documents improperly withheld on the grounds of privilege with memorandum of law in support thereof; Notice. (srb) (Entered: 07/24/2000)

07/20/2000 200 MEMORANDUM of law by plaintiffs in support thereof with motion to compel the individual defendants to produce documents improperly withheld on the grounds of privilege [200-1]; Notice. (srb) (Entered: 07/24/2000)

07/20/2000 207 SUPPLEMENT by J Thomas Elliott and Gerald J Sweas to motion for protective order and to compel return of privileged documents (RESTRICTED). (srb) (Entered: 07/24/2000)

07/24/2000 210 APPLICATION for leave to appear pro hac vice by Leigh R. Schachter for defendant William A Johnston; Order entered granting leave by Hon. David H. Coar. (srb) (Entered: 07/28/2000)

07/25/2000 208 AMENDED MOTION by plaintiff for an order of sanctions pursuant to Fed.R.Civ.P. 37 against defendants J. Thomas Elliott, Richard Brekka, James Hynes, William Johnston, David Mitchell and Eugene Sekulow with memorandum of law in support of amended motion; Notice. (srb) Modified on 07/27/2000 (Entered: 07/27/2000)

07/25/2000 208 MEMORANDUM of law by plaintiff in support of amended motion for an order of sanctions pursuant to Fed.R.Civ.P. 37 against defendants J. Thomas Elliott, Richard Brekka, James Hynes, William Johnston, David Mitchell and Eugene Sekulow [208-1] with amended motion; Notice. (srb) (Entered: 07/27/2000)

07/25/2000 209 APPENDIX filed by plaintiff to amended motion for an order of sanctions pursuant to Fed.R.Civ.P. 37 against defendants J. Thomas Elliott, Richard Brekka, James Hynes, William Johnston, David Mitchell and Eugene Sekulow [208-1] (209-1 through 209-4). (srb) (Entered: 07/27/2000)

07/25/2000 276 MINUTE ORDER of 7/25/00 by Hon. Sidney I. Schenkier: Motion hearing held. The court's rulings are set forth on the reverse side of the order. (See reverse of minute order.) Mailed notice (kef) (Entered: 09/08/2000)

07/27/2000 212 MINUTE ORDER of 7/27/00 by Hon. Sidney I. Schenkier: Hearing held on plaintiffs' motion to compel the individual defendants to produce documents improperly withheld on the grounds of privilege. For the reasons stated in open court and more fully detailed on the reverse side of this minute order, the court issued the following rulings on the sample documents selected by plaintiffs for ruling: A. The court rejects the individual defendants' assertion of privilege as to the following documents, which shall be produced: 1 Entry No. 1533, USN Revised Privilege Log No. 3(Ex. H to plaintiffs' motion), at 113-Doc. No.1 on plaintiffs' 07/25/00 letter. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 08/02/2000)

07/28/2000 211 TRANSCRIPT of proceedings for the following date(s): 7/11/00 Before Honorable Sidney I. Schenkier. (srb) (Entered: 08/01/2000)

07/28/2000 213 MINUTE ORDER of 7/28/00 by Hon. Sidney I. Schenkier: Telephone status conference held with counsel for plaintiffs and individual defendants concerning plaintiffs' motion to compel production of documents from privilege logs. For the reasons stated more fully on the reverse side of this minute order, by agreement, the schedule set in paragraphs 5(e) of the court's 07/25/00 order is modified. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 08/02/2000)

07/28/2000 214 MINUTE ORDER of 7/28/00 by Hon. Sidney I. Schenkier: Motion hearing held on the individual defendants' motion for protective order and to compel return of privileged documents. For the reasons stated more fully in open court and summarized on the reverse side of this order, the motion is granted in part and denied in part. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 08/02/2000)

07/31/2000 215 MINUTE ORDER of 7/31/00 by Hon. Sidney I. Schenkier: By agreement,

paragraph 1 of the court's 07/25/00 order is modified to allow the individual defendants until 08/04/00 to serve the amended responses to the request to admit and interrogatories served by the underwriter defendants. Mailed notice by judge's staff. (srb) (Entered: 08/02/2000)

08/01/2000 216 MINUTE ORDER of 8/1/00 by Hon. Sidney I. Schenkier: Further rulings on plaintiffs' motion to compel the individual defendants to produce documents improperly withheld on the grounds of privilege [200-1]. Based on the rulings in this order and the rulings issued by the court on this motion on 7/25/00 and 7/26/00, all matters related to plaintiffs' motion have been resolved, and the motion is granted in part and denied in part. (See reverse of minute order). Mailed notice by judge's staff. (srb) (Entered: 08/02/2000)

08/03/2000 217 APPLICATION for leave to appear pro hac vice by Peter Welsch for defendant James P Hynes ; Order entered granting leave by Hon. Suzanne B. Conlon. (kef) (Entered: 08/04/2000)

08/03/2000 218 APPLICATION for leave to appear pro hac vice by John D. Donovan, Jr. for defendant James P Hynes ; Order entered granting leave by Hon. Suzanne B. Conlon. (kef) (Entered: 08/04/2000)

08/03/2000 219 APPLICATION for leave to appear pro hac vice by Christopher G. Green for defendant James P Hynes ; Order entered granting leave by Hon. Suzanne B. Conlon. (kef) (Entered: 08/04/2000)

08/04/2000 227 MOTION by Deloitte & Touche LLP to strike the report of Patricia Gleitsmann and preclude her from testifying (Attachments); Notice (ar) (Entered: 08/15/2000)

08/07/2000 224 MOTION by defendants J Thomas Elliott and Gerald J Sweas to compel production of document disclosed to testifying expert (Attachments) (fce) (Entered: 08/11/2000)

08/08/2000 220 RESPONSE by defendant J Thomas Elliott in opposition to plaintiffs' motion and memorandum in support of plaintiffs' amended motion for an order of sanctions [208-1]; Notice. (kef) (Entered: 08/09/2000)

08/08/2000 221 RESPONSE brief by defendants Richard J Brekka, James P Hynes, William A Johnston, David C Mitchell, Eugene A Sekulow in opposition to plaintiffs' amended motion for an order of sanctions pursuant to Fed.R.Civ.P.37 [208-1] (Attachments); Notice. (kef) (Entered: 08/10/2000)

08/08/2000 232 OBJECTIONS by plaintiff to Magistrate Judge Schenkier's order granting defendants' motion to compel return of documents (Attachments); Notice. (1 vol.) (ar) Modified on 08/16/2000 (Entered: 08/16/2000)

08/09/2000 222 MEMORANDUM of law by plaintiffs in opposition to defendant Elliott and Sweas' motion to compel document disclosed to testifying expert (Attachments); Notice. (kef) (Entered: 08/10/2000)

08/09/2000 223 TRANSCRIPT of proceedings for the following date(s): Held on 7/25/00, 7/26/00, 7/27/00 before Honorable Sidney I. Schenkier (223-1 thru 223-3). (kef) (Entered: 08/10/2000)

08/09/2000 228 MINUTE ORDER of 8/9/00 by Hon. Suzanne B. Conlon : Defendant Deloitte &

Touche's motion to strike the report of Patricia Gleitsmann and preclude her from testifying is taken under advisement [227-1] [227-2]. Plaintiff shall respond by 08/21/00 [227-1] [227-2]. Mailed notice (ar) (Entered: 08/15/2000)

08/10/2000 225 MINUTE ORDER of 8/10/00 by Hon. Sidney I. Schenkier : Motion hearing held. Defendants' motion to compel production of document disclosed to testifying expert is granted [224-1]. Plaintiffs' shall produce the documents to defendants' by the close of business on 8/14/00. Evidentiary hearing is set for 8/28/00 at 9:00 a.m. and 8/29/00 at 10:30 a.m. The Court strikes the 8/17/00 status hearing. Mailed notices by judge's staff (fce) (Entered: 08/11/2000)

08/10/2000 226 MINUTE ORDER of 8/10/00 by Hon. Sidney I. Schenkier : This matter comes before the Court on plaintiffs' request that the Court review the individual defendants' assertion of attorney-client privilege as to two documents on the USN Priviege Log for Document produced post-3/8/00 ("USN Log No. 4"). Applying the same principles that the Court utilized in resolving the prior privilege log challenges, the Court's ruling is detailed on the reverse side of this minute order. (See reverse of minute order.) Notices mailed by judge's staff (fce) (Entered: 08/11/2000)

08/15/2000 229 NOTICE by plaintiffs of reply memorandum of law in further support of plaintiffs' amended motion for an order of sanctions pursuant to Fed.R.Civ.P. 37 against defendants J. Thomas Elliott, Richard Brekka, James Hynes, William Johnston, David Mitchell and Eugene Sekulow [208-1]. (kef) (Entered: 08/16/2000)

08/15/2000 230 REPLY memorandum of law by plaintiffs in further support of plaintiffs' amended motion for an order of sanctions pursuant to Fed.R.Civ.P. 37 against defendants J. Thomas Elliott, Richard Brekka, James Hynes, William Johnston, David Mitchell and Eugene Sekulow [208-1] (Attachments). (kef) (Entered: 08/16/2000)

08/15/2000 231 OPPOSITION by plaintiffs to certain individual defendant's motion to strike unsworn declaration and all references to such declaration contained in plaintiffs' amended motion for an order of sanctions with request for leave (Attachments); Notice. (kef) (Entered: 08/16/2000)

08/15/2000 231 REQUEST by plaintiffs for leave to file the affidavit of Christopher W. Urban swearing to the truth and accuracy of the factual statements contained in and the exhibits to the May 19, 2000 declaration of Christopher W. Urban with opposition (Attachments); Notice. (kef) (Entered: 08/16/2000)

08/15/2000 233 MINUTE ORDER of 8/15/00 by Hon. Suzanne B. Conlon : Plaintiffs' objections [232-1] to Magistrate Judge Schenkier's order are taken under advisement. Objections due 08/22/00. Mailed notice (ar) (Entered: 08/16/2000)

08/17/2000 234 OPPOSITION by plaintiff to defendant Deloitte & Touche LLP's motion to strike the report of Patricia Gleitsmann and preclude her from testifying [227-1] [227-2] (Attachment); Notice. (kef) (Entered: 08/18/2000)

08/17/2000 242 MOTION by defendants for protective order (Attachments); Notice of motion (eav) (Entered: 08/24/2000)

08/18/2000 235 MINUTE ORDER of 8/18/00 by Hon. Sidney I. Schenkier : In connection with the evidentiary hearing that will commence on 08/28/00, by the close of business on

08/23/00 the parties shall exchange and deliver to the Court lists of witnesses that they intend to call to testify. This matter is set for a telephone status conference on 8/24/00 at 9:00 a.m. Counsel for plaintiffs shall initiate the call; only counsel for the parties at issue on the sanctions motion are required to participate. Mailed notice (eav) (Entered: 08/21/2000)

08/18/2000 243 MOTION by certain defendants to file briefs in excess of 15 pages ; Notice of motion (eav) (Entered: 08/24/2000)

08/21/2000 236 OPPOSITION by plaintiffs to defendants' motions for protective order; Notice. (kef) (Entered: 08/22/2000)

08/21/2000 237 APPLICATION for leave to appear pro hac vice by Jeffrey W. Chambers for Tom Karr ; Order entered granting leave by Hon. Suzanne B. Conlon. (kef) (Entered: 08/22/2000)

08/21/2000 238 REPLY by defendant Deloitte & Touche in support of its motion to strike the report of Patricia Gleitsmann and preclude her from testifying [227-1] [227-2] (Attachment). (kef) (Entered: 08/23/2000)

08/21/2000 240 MOTION by Certain individual defendants', Richard J Brekka, James P Hynes, William A Johnston, David C Mitchell, Eugene A Sekulow, to move the hearing date for plaintiffs' amended motion for Rule 37 sanctions . (tlm) (Entered: 08/23/2000)

08/22/2000 239 RESPONSE by defendants J Thomas Elliott, Gerald J Sweas to plaintiffs' objections to Magistrate Judge Schenkier's order granting defendants' motion to compel return of documents [232-1] (Attachments); Notice. (kef) (Entered: 08/23/2000)

08/22/2000 241 MINUTE ORDER of 8/22/00 by Hon. Sidney I. Schenkier : The motion by certain individual defendants to move the hearing date for plaintiffs' amended motion for Rule 37 sanctions is granted [240-1]. The hearing is [208-1] reset for 9:30 9/11/00, to be continued if necessary on 09/12/00. Mailed notice by judge's staff (tlm) (Entered: 08/23/2000)

08/23/2000 244 MINUTE ORDER of 8/23/00 by Hon. Suzanne B. Conlon : Defendants motion for protective order is granted for the reasons stated in open court. [242-1] Defendants' oral motion for leave to file memoranda not exceeding thirty-five pages is granted. [243-1] All parties permitted to file summary judgment briefs and responses not exceeding thirty-five pages. Mailed notice (eav) (Entered: 08/24/2000)

08/24/2000 245 MINUTE ORDER of 8/24/00 by Hon. Sidney I. Schenkier : Telephone status conference held. For more details, see the reverse side of this minute order. By the close of business on 09/05/00, the director defendants shall provide the Court and the parties with a list of documents. The documents identified in the list provided on 09/05/00 shall be brought to court at the commencement of the evidentiary hearing on 09/11/00. All subpoenas issued for the evidentiary hearing previously scheduled to commence on 08/28/00 are continued to 09/11/00. Mailed notice (eav) (Entered: 08/25/2000)

08/24/2000 246 MINUTE ORDER of 8/24/00 by Hon. Sidney I. Schenkier : Telephone status conference held. The motion by the individual defendants' to strike the declaration

of Christopher W. Urban submitted in support of the plaintiffs' motion for sanctins is denied. Plaintiffs' request for leave to file the affidavit of Mr. Urban doc. # [231-1] is granted. Plaintiffs waive any technical defects in the declarations of Walton, Brekka Mitchell and Sekulow attached to the individual defendants' memoranda in opposition to the plaintiffs' motion for sanctions. Plaintiffs' oral motion to continue the date for the evidentiary hearing set for 09/11-09/12/00 is denied. Mailed notice (eav) (Entered: 08/25/2000)

08/28/2000 247 BRIEF by defendant James P Hynes in support of his motion for summary judgment; Affidavit of Douglas Collette; Affidavit of James P. Hynes; Affidavit of Christopher Swenson (Attachments); Notice. (kef) Modified on 08/29/2000 (Entered: 08/29/2000)

08/28/2000 248 MOTION by Outside Director Defendants Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow for summary judgment ; Memorandum in support (Attachments); Notice. (kef) (Entered: 08/29/2000)

08/28/2000 249 LOCAL RULE 56.1(a) statement of material facts as to which there is no genuine issue by Outside Director Defendants Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow. (kef) (Entered: 08/29/2000)

08/28/2000 250 EXHIBITS by Outside Director Defendants Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow to motion for summary judgment [248-1] (250-1 through 250-3). (kef) (Entered: 08/29/2000)

08/28/2000 251 MOTION by defendants J Thomas Elliott, Gerald J Sweas for summary judgment . (kef) (Entered: 08/30/2000)

08/28/2000 252 MEMORANDUM by defendants J Thomas Elliott, Gerald Sweas in support their motion for summary judgment [251-1] (Attachments). (kef) (Entered: 08/30/2000)

08/28/2000 253 DECLARATION of J. Thomas Elliott [251-1] (Attachments). (kef) (Entered: 08/30/2000)

08/28/2000 254 DECLARATION of Gerald J. Sweas [251-1] (Attachment); Notice.(kef) Modified on 08/30/2000 (Entered: 08/30/2000)

08/28/2000 255 MOTION by Underwriter defendants SG Cowen & Co, Merrill Lynch Co, Donaldson Lufkin for summary judgment ; Notice. (kef) Modified on 08/30/2000 (Entered: 08/30/2000)

08/28/2000 256 MEMORANDUM of law by Underwriter defendants SG Cowen & Co, Merrill Lynch & Co, Donaldson Lufkin in support of motion for summary judgment [255-1]. (kef) Modified on 08/30/2000 (Entered: 08/30/2000)

08/28/2000 257 STATEMENT of undisputed facts by Underwriter defendants SG Cowen & Co, Merrill Lynch & Co, Donaldson Lufkin in support of motion for summary judgment. (kef) Modified on 08/30/2000 (Entered: 08/30/2000)

08/28/2000 258 DECLARATION of Robert G. Houck in support of Underwriters' motion for summary judgment [255-1] (Attachments) (258-1 through 258-5). (kef) Modified

on 08/30/2000 (Entered: 08/30/2000)

08/28/2000 259 DECLARATION of Jason A. D'Angelo in support of Underwriters' motion for summary judgment [255-1] (Attachments). (kef) (Entered: 08/30/2000)

08/28/2000 260 AFFIDAVIT of Stephen Older (Attachments). (kef) (Entered: 08/30/2000)

08/28/2000 261 AFFIDAVIT of Steven C. Jones. (kef) (Entered: 08/30/2000)

08/28/2000 262 AFFIDAVIT of Peter Martin Bendor-Samuel (Attachments). (kef) (Entered: 08/30/2000)

08/28/2000 263 LOCAL RULE 56.1(a)(3) statement of material, uncontested facts by defendants J Thomas Elliott, Gerald J Sweas (RESTRICTED). (kef) (Entered: 08/30/2000)

08/28/2000 264 APPENDIX filed by defendants J Thomas Elliott, Gerald J Sweas to local rule 56.1(a)(3) statement of material, uncontested facts [263-1] (264-1 through 264-8) (RESTRICTED). (kef) (Entered: 08/30/2000)

08/28/2000 265 Document Sealed (pursuant to Court Order). (kef) (Entered: 09/05/2000)

08/28/2000 266 Document Sealed (pursuant to Court Order). (kef) (Entered: 09/05/2000)

08/28/2000 267 Document Sealed (pursuant to Court Order). (kef) (Entered: 09/05/2000)

08/28/2000 268 Document Sealed (pursuant to Court Order). (kef) (Entered: 09/05/2000)

08/28/2000 269 Document Sealed (pursuant to Court Order). (kef) (Entered: 09/05/2000)

08/28/2000 273 MOTION by defendant Deloitte & Touche for summary judgment ; Notice of motion (jmp) (Entered: 09/07/2000)

08/31/2000 272 MINUTE ORDER of 8/31/00 by Hon. Suzanne B. Conlon : Defendant Deloitte & Touche's motion to strike the report of Patricia Gleitsmann [227-1] and to preclude her from testifying is granted [227-2]. The report provides only the bare conclusion that Gleitsmann concers with some of the statements made by another plaintiffs' expert. Robert Berliner. The Gleitsmann "report" clearly does not comply with Rule 26(a)(2)(B) disclosure requirements. In addition, it appears from the face of her report that Gleitsmann's testimony would be cumulative of portions of Berliner's testimony. Notices mailed by judges staff (jmp) (Entered: 09/07/2000)

08/31/2000 274 MINUTE ORDER of 8/31/00 by Hon. Suzanne B. Conlon : Defendant Deloitte & Touche LLP,s motion for summary judgment [273-1] is taken under advisement. See order of 03/14/00 for breifing schedule on summary judgment motions. Mailed notice (jmp) (Entered: 09/07/2000)

09/01/2000 284 MOTION by plaintiff for leave to file rebuttal expert affidavits and report (Attachments); Notice. (1 vol.) (ar) Modified on 09/12/2000 (Entered: 09/12/2000)

09/05/2000 270 SUBMISSION by defendant J Thomas Elliott in response to court's order of 8/24/00 (Attachments); Notice. (kef) (Entered: 09/06/2000)

09/05/2000 271 MINUTE ORDER of 9/5/00 by Hon. Suzanne B. Conlon: Plaintiffs' objections to the magistrate judge's report and recommendation of 7/28/00 granting in part defendants' motion to compel return of documents (232-1) are overruled. (See reverse of minute order.) Mailed notice (kef) (Entered: 09/06/2000)

09/06/2000 275 MINUTE ORDER of 9/6/00 by Hon. Sidney I. Schenkier: The court has reviewed the submission made by the director defendants pursuant to the court's 8/24/00 order. Footnote 2 of exhibit A to that submission makes reference to State Director Reports that were produced but not listed on the exhibit A chart. By the close of business on 9/7/00, the director defendants shall submit a supplemental chart listing by month and bates number each State Director Report that has been produced. In addition, by the close of business on 9/7/00, the plaintiffs shall deliver to chambers copies of the reports they have served on defendants in this case. Telephoned notice (kef) (Entered: 09/07/2000)

09/06/2000 278 RESPONSE by Underwriter defendants to plaintiffs' motion for leave to file rebuttal expert affidavits and reports. (kef) (Entered: 09/08/2000)

09/07/2000 277 MINUTE ORDER of 9/7/00 by Hon. Sidney I. Schenkier: It has come to the court's attention that a motion by plaintiffs to compel the production of USN documents identified during deposition testimony (#198-1) is listed as pending. That motion was ruled upon in an order dated 7/25/00, which does not appear to have been docketed. The court hereby directs that the motion [198-1] be closed on the court's records, and that the 7/25/00 be docketed nunc pro tunc. No notice (kef) Modified on 09/11/2000 (Entered: 09/08/2000)

09/07/2000 279 ATTORNEY APPEARANCE for defendant J Thomas Elliott, defendant Gerald J Sweas by Michele L. Birkmeier. (kef) (Entered: 09/08/2000)

09/07/2000 280 SUBMISSION by defendant J Thomas Elliott in response to the court's order of 9/6/00 (Attachments); Notice. (kef) (Entered: 09/08/2000)

09/07/2000 285 MINUTE ORDER of 9/7/00 by Hon. Suzanne B. Conlon : Plaintiff's motion for leave to file rebuttal expert affidavits and report [284-1] is taken under advisement. Objections to be filed by 09/11/00. Replies, if any, due 09/13/00 [284-1]. Mailed notice (ar) (Entered: 09/12/2000)

09/08/2000 281 RESPONSE by Outside Director defendants Richard J Brekka, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow to plaintiffs' motion for leave to file rebuttal expert affidavits and reports; Notice. (kef) (Entered: 09/11/2000)

09/08/2000 282 RESPONSE by defendant J Thomas Elliott in opposition to plaintiffs' notice and motion to amend witness list (Attachments); Notice. (kef) (Entered: 09/11/2000)

09/08/2000 283 MINUTE ORDER of 9/8/00 by Hon. Sidney I. Schenkier: Plaintiffs' motion and memorandum of law to amend the list of witnesses plaintiffs intend to call at the evidentiary hearing commencing on 9/11/00 is granted. Telephoned notice (kef) (Entered: 09/12/2000)

09/11/2000 286 AMENDED RESPONSE by defendants J Thomas Elliott, Gerald J Sweas in opposition to plaintiffs' motion for leave to file rebuttal expert affidavits and report [284-1] (Attachments); Notice. (kef) (Entered: 09/12/2000)

09/11/2000 287 MEMORANDUM by defendant Deloitte & Touche in opposition to plaintiffs' motion for leave to file rebuttal expert affidavits and reports [284-1]. (kef) (Entered: 09/12/2000)

09/11/2000 288 MINUTE ORDER of 9/11/00 by Hon. Sidney I. Schenkier : Evidentiary hearing

held and continued hearing to 10:00 am on 09/12/00. No notice (ar) (Entered: 09/12/2000)

09/11/2000 290 APPLICATION for leave to appear pro hac vice by Melinda Zachar for defendants J Thomas Elliott, Gerald J Sweas ; entered granting leave by Hon. Suzanne B. Conlon (kef) (Entered: 09/13/2000)

09/11/2000 291 RESPONSE by defendants J Thomas Elliott, Gerald J Sweas to plaintiffs' motion for leave to file rebuttal expert affidavits and report [284-1] (Attachment); Notice. (kef) (Entered: 09/13/2000)

09/12/2000 289 MINUTE ORDER of 9/12/00 by Hon. Suzanne B. Conlon: Plaintiffs' motion for leave to file rebuttal expert affidavits and reports is granted [284-1], provided the new experts, Charles R. Campbell and Dennis E. Logue, are made available for deposition by 9/22/00. (See reverse of minute order.) Mailed notice by judge's staff (kef) Modified on 09/14/2000 (Entered: 09/13/2000)

09/12/2000 292 MINUTE ORDER of 9/12/00 by Hon. Sidney I. Schenkier: Evidentiary hearing held. The parties shall provide to the Court a statement of attorney's fees and costs as to the filing of the original sanctions motion, discovery related to the sanctions motions and the amended motion on or before 9/22/00. Plaintiffs shall provide to the Court a statement related to the cost of obtaining from Spectrum 4 cd roms, attorney fees and consultation fees related to the deciphering the information from the Spectrum cd roms on or before 9/22/00. Defendants shall provide to the Court a statement as to the cost of rebuilding the Vantive application database system on or before 9/22/00. (See reverse of minute order.) Mailed notice (kef) (Entered: 09/14/2000)

09/18/2000 293 MOTION by plaintiffs for leave to file a consolidated overlength memorandum in opposition to defendants' motions and memoranda in support of summary judgment ; Notice. (kef) (Entered: 09/19/2000)

09/18/2000 294 MEMORANDUM by plaintiffs in opposition to defendants' motion for summary judgment [248-1], [273-1], [255-1], [251-1] (Attachment). (kef) (Entered: 09/19/2000)

09/18/2000 295 AFFIDAVIT of Robert W. Berlinger in opposition to defendant Deloitte & Touche LLP's motion for summary judgment (Attachment). (kef) (Entered: 09/19/2000)

09/18/2000 296 AFFIDAVIT of Charles R. Campbell in opposition to defendants' motions for summary judgment (Attachment). (kef) (Entered: 09/19/2000)

09/18/2000 297 AFFIDAVIT of James A. Harrod in support of (i) plaintiffs' opposition to defendants' motions for summary judgment; (ii) plaintiffs' responses to defendants' local rule 56.1(a)(3) statements of material, uncontested facts; and (iii) plaintiffs' local rule 56.1(b)(3)(B) statement of additional facts requiring denial of defendants' motions for summary judgment. (kef) (Entered: 09/19/2000)

09/18/2000 298 AFFIDAVIT of Dennis Logue. (kef) (Entered: 09/19/2000)

09/18/2000 299 TABLE OF CONTENTS by plaintiff to appendix of exhibits. (kef) (Entered: 09/19/2000)

09/18/2000 300 NOTICE by plaintiff of filing plaintiffs' LR56.1(b)(3)(B) statement of additional

facts requiring denial of defendants' motions for summary judgment. (kef) (Entered: 09/19/2000)

09/18/2000 301 LR 56.1(b)(3)(B) statement of additional facts requiring denial of defendants' motions for summary judgment by plaintiffs (located in box #1) (RESTRICTED). (kef) Modified on 09/19/2000 (Entered: 09/19/2000)

09/18/2000 302 RESPONSE by plaintiffs to defendants J. Thomas Elliot and Gerald J. Sweas local rule 56.1(a)(3) statement of material uncontested facts [263-1] (located in box #1) (RESTRICTED). (kef) Modified on 09/19/2000 (Entered: 09/19/2000)

09/18/2000 303 RESPONSE by plaintiffs to Underwriter Defendants' local rule 56.1(a)(3) statement of material uncontested facts [257-1] (located in box #1) (RESTRICTED). (kef) (Entered: 09/19/2000)

09/18/2000 304 RESPONSE by plaintiffs to the Outside Director Defendants' local rule 56.1(a)(3) statement of material uncontested facts [249-1] (located in box #1) (RESTRICTED). (kef) (Entered: 09/19/2000)

09/18/2000 305 RESPONSE by plaintiffs to defendant Deloitte & Touche, LLP's local rule 56.1(a)(3) statement of material uncontested facts (located in box #1) (RESTRICTED). (kef) (Entered: 09/19/2000)

09/18/2000 306 APPENDIX of exhibits filed by plaintiffs (i) in support of plaintiffs' opposition to defendants' motions for summary judgment [294-1]; (ii) in opposition to defendants' local rule 56.1(a)(3) statements of material uncontested facts; and (iii) plaintiffs' local rule 56.1(b)(3)(B) statement of additional facts requiring denial of defendants' motions for summary judgment (Five boxes containing volumes 1 through 27) (306-1 through 306-5) (RESTRICTED). (kef) (Entered: 09/19/2000)

09/20/2000 307 STATUS REPORT by plaintiffs with motion to extend; Notice. (kef) (Entered: 09/22/2000)

09/20/2000 307 MOTION by plaintiffs to extend time for plaintiffs to comply with Magistrate Judge Schenkier's 9/12/00 order concerning statement of attorneys' fees, consultation fees and costs with status report; Notice. (kef) (Entered: 09/22/2000)

09/20/2000 310 MOTION by lead plaintiffs for approval of notice to be provided to class (Attachments); Notice. (kef) (Entered: 09/28/2000)

09/21/2000 308 MINUTE ORDER of 9/21/00 by Hon. Sidney I. Schenkier: Plaintiff's motion to extend time to make the submission required by the court's 9/12/00 order is granted [307-1]. The time for plaintiffs and the individual defendants to make the required submission is extended to 9/29/00. The court directs that in that submission, the parties provide the factual information requested by the court without argument. Mailed notice by judge's staff (kef) (Entered: 09/22/2000)

09/25/2000 309 RESPONSE by defendants Cowen & Co, Merrill Lynch & Co, Donaldson Lufkin to lead plaintiffs' motion for approval of notice to be provided to class (Attachment). (kef) (Entered: 09/26/2000)

09/26/2000 311 MINUTE ORDER of 9/26/00 by Hon. Suzanne B. Conlon: Lead plaintiffs' motion for approval of notice to be provided to class is granted as modified in open court [310-1]. Mailed notice (kef) (Entered: 09/28/2000)

09/27/2000 312 REPLY memorandum by Underwriter defendants Cowen & Co, Merrill Lynch & Co, Donaldson Lufkin in support of motion for summary judgment [255-1]. (kef) (Entered: 09/28/2000)

09/27/2000 313 MOTION by defendant James P Hynes for leave to file a short supplemental brief in opposition to plaintiffs' consolidated reply to the defendants' motions for summary judgment . (kef) (Entered: 09/28/2000)

09/27/2000 314 BRIEF by defendant James P Hynes in reply to plaintiffs' memorandum of law in opposition to defendants' motions for summary judgment [248-1] (Attachments); Notice. (kef) (Entered: 09/28/2000)

09/27/2000 315 DECLARATION of Christopher J. O'Rourke in further support of Underwriters' motion for summary judgment [255-1] (RESTRICTED). (kef) (Entered: 09/29/2000)

09/27/2000 316 REPLY memorandum by Outside Director defendants Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow in support of motion for summary judgment [248-1] (Attachment); Notice. (kef) (Entered: 09/29/2000)

09/27/2000 320 MOTION by Underwriter defendants Merrill Lynch & Co, SG Cowen & Co., Donaldson Lufkin to exclude the expert testimony and report of Haim Mendelson ; Notice. (kef) (Entered: 10/02/2000)

09/27/2000 321 MEMORANDUM of law by Underwriter defendants Merrill Lynch & Co, SG Cowen & Co., Donaldson Lufkin in support of their motion to exclude the expert testimony and report of Haim Mendelson [320-1]. (kef) (Entered: 10/02/2000)

09/27/2000 322 DECLARATION of Mark R. Anderson supporting the Underwriter defendants' motion to exclude the expert testimony and report of Haim Mendelson [320-1] (Attachments). (kef) (Entered: 10/02/2000)

09/27/2000 323 NOTICE by defendant Deloitte & Touche of filing regarding reply memorandum of law in support of its motion for summary judgment, joint response to plaintiffs' local rule 56.1(b)(3)(B) statement of additional facts and appendix in support of defendants' joint response to plaintiffs' local rule 56.1(b)(3)(B) statement of additional facts. (kef) (Entered: 10/02/2000)

09/27/2000 325 REPLY memorandum by defendant Deloitte & Touche in support of its motion for summary judgment [273-1] with joint response and appendix (RESTRICTED). (kef) (Entered: 10/03/2000)

09/27/2000 325 JOINT RESPONSE by defendant Deloitte & Touche to plaintiffs' statement of additional facts [301-1] with reply memorandum and appendix (RESTRICTED). (kef) (Entered: 10/03/2000)

09/27/2000 325 APPENDIX filed by defendant Deloitte & Touche in support of defendants' joint response to plaintiffs' statement of additional facts [325-1] and defendants' motions for summary judgment [273-1] with reply memorandum and joint response (RESTRICTED). (kef) (Entered: 10/03/2000)

09/27/2000 328 MOTION by defendant Deloitte & Touche to maintain documents under seal ;

Notice. (kef) (Entered: 10/05/2000)

09/27/2000 329 REPLY memorandum of law by defendant Deloitte & Touche in support of its motion for summary judgment [273-1] with joint response (RESTRICTED). (kef) (Entered: 10/05/2000)

09/27/2000 329 JOINT RESPONSE by defendant Deloitte & Touche to plaintiffs' statement of additional facts [301-1] with reply memorandum (RESTRICTED). (kef) (Entered: 10/05/2000)

09/27/2000 330 APPENDIX filed by defendant Deloitte & Touche in support of joint response to plaintiffs' statement of additional facts [329-1] (330-1 through 330-2) (RESTRICTED). (kef) (Entered: 10/05/2000)

09/27/2000 331 MOTION by Underwriter defendants Merrill Lynch & Co, Donaldson Lufkin, Cowen & Co. to file and maintain documents under seal (Attachment); Notice. (kef) Modified on 10/06/2000 (Entered: 10/06/2000)

09/27/2000 332 MOTION by defendants J Thomas Elliott, Gerald J Sweas to maintain documents under seal ; Notice. (kef) (Entered: 10/06/2000)

09/27/2000 333 MOTION by defendants J Thomas Elliott, Gerald J Sweas to strike plaintiffs' references to privileged documents in violation of court orders (Attachments); Notice. (kef) (Entered: 10/06/2000)

09/27/2000 334 REPLY memorandum by defendants J Thomas Elliott, Gerald J Sweas in support of their motion for summary judgment [251-1] (Attachment); Notice. (kef) (Entered: 10/06/2000)

09/29/2000 317 ATTORNEYS' FEES AND COSTS by Outside Director defendants Richard J Brekka, William A Johnston, David C Mitchell, Eugene A Sekulow incurred in responding to plaintiffs' amended motion for rule 37 sanctions; Notice. (kef) (Entered: 10/02/2000)

09/29/2000 318 SUBMISSION by defendant J Thomas Elliott in response to the court's 9/12/00 order (Attachments); Notice. (kef) (Entered: 10/02/2000)

09/29/2000 319 SUBMISSION by plaintiffs in compliance with Magistrate Judge Schenkier's 9/12 and 9/22/00 orders; Notice. (kef) (Entered: 10/02/2000)

09/29/2000 324 MINUTE ORDER of 9/29/00 by Hon. Suzanne B. Conlon: The Underwriter defendants' motion to exclude the expert testimony and report of Haim [320-1] is taken under advisement. Plaintiffs to respond by 10/6/00. This motion will not be heard on 10/12/00. Mailed notice by judge's staff (kef) (Entered: 10/03/2000)

09/29/2000 326 AMENDED CERTIFICATE OF SERVICE by plaintiff regarding plaintiffs' submission in compliance with Magistrate Judge Schenkier's 9/12 and 9/22/00 orders. (kef) (Entered: 10/03/2000)

10/02/2000 327 RESPONSE by plaintiffs to defendants J. Thomas Elliott and Gerald J. Sweas' motion to strike; Notice. (kef) (Entered: 10/04/2000)

10/03/2000 335 MINUTE ORDER of 10/3/00 by Hon. Suzanne B. Conlon: Defendant Deloitte & Touche LLP, J. Thomas Elliott and Gerlad J. Sweas, and The Underwriter defendants' motions to file and maintain documents under seal are denied without

prejudice as stated on the record in open court [328-1], [332-1], [331-1]. Defendants J. Thomas Elliot and Gerald J. Sweas's motion to strike plaintiffs' references to privileged documents in violation of court orders [333-1] is moot. Mailed notice (kef) (Entered: 10/06/2000)

10/06/2000 336 MEMORANDUM of law by plaintiffs in opposition to the Underwriter defendant's motion to exclude the expert testimony and report of Haim Mendelson, Ph.D. [320-1] (Attachments); Notice. (kef) (Entered: 10/11/2000)

10/18/2000 339 MOTION by defendant Deloitte & Touche to maintain documents under seal ; Notice. (kef) (Entered: 10/27/2000)

10/20/2000 337 MINUTE ORDER of 10/20/00 by Hon. Sidney I. Schenkier: For the reasons set forth in the attached Report and Recommendation, the Court respectfully recommends that plaintiffs' amended motion for sanctions be granted in part and denied in part [208-1]. Specific written objections to this Report and Recommendation may be served and filed within ten business days from the date that this order is served. Fed.R.Civ.P 72(a). Failure to file objections with the district court within the specified time will result in a waiver of the right to appeal all findings, factual and legal, made by this Court in the Report and Recommendation. See Video Views, Inc. vs Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). All maters subject to this referral having been concluded, the referral is hereby terminated. (Entered Report and Recommendation.) Mailed notice by judge's staff (kef) (Entered: 10/23/2000)

10/23/2000 338 APPENDIX filed by defendants J Thomas Elliott, Gerald J Sweas to memorandum of law in support of defendants' motion to exclude expert testimony and report of Charles R. Campbell (RESTRICTED). (kef) (Entered: 10/25/2000)

10/23/2000 342 MOTION by defendants J Thomas Elliott, Gerald J Sweas, Merrill Lynch & Co, Donaldson Lufkin, Cowen & Co, Richard J Brekka, Dean M Grenwood, Donald J Hoffman Jr, James P Hynes, William A Johnston, Ian M Kidson, Paul S Lattanzio, David C Mitchell, Eugene A Sekulow to exclude the expert testimony and report of Charles R. Campbell ; Memorandum of law in support (Attachments); Notice. (kef) (Entered: 10/31/2000)

10/24/2000 340 MINUTE ORDER of 10/24/00 by Hon. Suzanne B. Conlon: Defendant Deloitte & Touche LLP's motion to maintain documents under seal is granted [339-1]. Exhibit 389 of volume 25 of plaintiffs' appendix filed in opposition to summary judgment is ordered to be withdrawn by plaintiffs and resubmitted under seal. Mailed notice (kef) (Entered: 10/27/2000)

10/26/2000 343 MINUTE ORDER of 10/26/00 by Hon. Suzanne B. Conlon: Defendants' motion to exclude the expert testimony and report of Charles R. Campbell [342-1] is taken under advisement. Plaintiffs to respond by 11/16/00; defendants' reply, if any, by 11/24/00. Mailed notice (kef) (Entered: 10/31/2000)

10/27/2000 341 MOTION by outside director defendants Richard J Brekka, David C Mitchell, Eugene A Sekulow to reconsider footnote 30 of Magistrate Schenkier's 10/20/00 report and recommendation on plaintiffs' amended motion for Rule 37 sanctions ; Notice. (kef) (Entered: 10/30/2000)

10/30/2000 344 MINUTE ORDER of 10/30/00 by Hon. Sidney I. Schenkier: The motion filed by

certain director defendants to reconsider footnote 30 of the 10/20/00 Report and Recommendation is denied [341-1]. Mailed notice by judge's staff (kef) (Entered: 10/31/2000)

10/31/2000 356 MOTION by Underwriter defendants Merrill Lynch & Co, SG Cowen & Co., Donaldson Lufkin to withdraw previously filed motions ; Notice. (kef) (Entered: 11/13/2000)

11/01/2000 357 MOTION by plaintiffs for leave to supplement the expert reports of Robert W. Berliner and Charles R. Campbell (Attachments); Notice. (kef) (Entered: 11/13/2000)

11/03/2000 345 OBJECTION by defendant Deloitte & Touche to the Report and Recommendation dated 10/20/00 [337-1] (Attachment). (kef) (Entered: 11/06/2000)

11/03/2000 346 RESPONSE by defendant Deloitte & Touche to the Underwriter Defendants' motion to withdraw previously filed motions. (kef) (Entered: 11/06/2000)

11/03/2000 347 OBJECTIONS by certain Outside defendants Richard J Brekka, David C Mitchell, Eugene A Sekulow, James P Hynes, William A Johnston to Magistrate Judge Schenkier's 10/20/00 Report and Recommendation on plaintiffs' amended rule 37 motion for discovery sanctions [337-1]; Notice. (kef) (Entered: 11/06/2000)

11/03/2000 348 OBJECTIONS by defendant J Thomas Elliott to Magistrate Judge Schenkier's 10/20/00 Report and Recommendation [337-1]; Notice. (kef) Modified on 11/06/2000 (Entered: 11/06/2000)

11/03/2000 349 APPENDIX filed by defendant J Thomas Elliott in support of objections to Magistrate Judge Schenkier's 10/20/00 Report and Recommendation [348-1]. (kef) (Entered: 11/06/2000)

11/03/2000 351 MINUTE ORDER of 11/3/00 by Hon. Suzanne B. Conlon: Counsel report that the case is settled as to all defendants except Deloitte & Touche and that all summary judgment motions [248-1, 251-1, 255-1] are withdrawn except Deloitte's. All other pending motions are moot. Terminating case. No notice (kef) (Entered: 11/13/2000)

11/06/2000 350 MEMORANDUM by defendant Deloitte & Touche in opposition to plaintiffs' motion for leave to supplement the expert reports of Robert W. Berliner and Charles R. Campbell (Attachments). (kef) (Entered: 11/07/2000)

11/06/2000 352 MINUTE ORDER of 11/6/00 by Hon. Suzanne B. Conlon: The motion for summary judgment is granted [273-1]. Judgment is entered for defendant Deloitte & Touche LLP and against the plaintiff class. (Entered Memorandum Opinion and Order.) Mailed notice by judge's staff (kef) Modified on 11/13/2000 (Entered: 11/13/2000)

11/07/2000 353 MINUTE ORDER of 11/7/00 by Hon. Suzanne B. Conlon: Defendant Deloitte & Touche LLP's objection to the report and recommendation dated 10/20/00 [345-1] is moot. Mailed notice by judge's staff (kef) (Entered: 11/13/2000)

11/07/2000 354 MINUTE ORDER of 11/7/00 by Hon. Suzanne B. Conlon: Certain outside director defendant's objections to Magistrate Judge Schenkier's 10/20/00 report and recommendation [347-1] is moot. Mailed notice by judge's staff (kef) (Entered: 11/13/2000)

11/07/2000 355 MINUTE ORDER of 11/7/00 by Hon. Suzanne B. Conlon: Defendant J. Thomas Elliot's objections to Magistrate Judge Schenkier's 10/20/00 report and recommendation [348-1] are taken under advisement. Mailed notice by judge's staff (kef) (Entered: 11/13/2000)

11/07/2000 358 MINUTE ORDER of 11/7/00 by Hon. Suzanne B. Conlon: Plaintiffs' motion for leave to supplement the expert reports of Robert W. Berliner and Charles R. Campbell [357-1] is moot. Underwriter defendants' motion to withdraw previously filed motions is granted [356-1]. Mailed notice (kef) (Entered: 11/13/2000)

11/07/2000 359 ENTERED JUDGMENT: It is hereby ordered and adjudged that judgment is entered for defendant Deloitte & Touche LLP and against the plaintiff class. (kef) (Entered: 11/13/2000)

11/08/2000 360 EXHIBIT 389 by plaintiffs in support of plaintiffs' opposition to defendnats'motions for summary judgment, in opposition to defendants' local rule 56.1(a)(3) statements, and in support of plaintiffs' LR56.1(b)(3)(B) statement of additional facts (RESTRICTED). (kef) (Entered: 11/15/2000)

11/15/2000 363 JOINT MOTION by parties for a finding of related case , for consolidation and to vacate order of sanctions pursuant to FRCP37 against defendants Elliott, Brekka, Hynes, Johnston, Mitchell and Sekulow ; Notice. (kef) (Entered: 11/22/2000)

11/17/2000 361 MINUTE ORDER of 11/17/00 by Hon. Suzanne B. Conlon: Defendants J. Thomas Elliott, Gerald J. Sweas, Merrilly Lynch & Co., Donald Lufkin, Cowen & Co., Richard J. Brekka, Dean M. Greenwood, Donald J. Hoffman, Jr., James P. Hynes, William S. Johnston, Ian M. Kidson, Paul S. Lattanzio, David C. Mitchell and Eugene A. Sekulow's motion to exclude the expert testimony and report of Charles R. Campbell [342-1] moot. No notice (kef) (Entered: 11/21/2000)

11/17/2000 362 MINUTE ORDER of 11/17/00 by Hon. Suzanne B. Conlon: Defendant Underwriter's motion to exclude the expert testimony and report of Haim Mendelson [320-1] is moot. No notice (kef) (Entered: 11/21/2000)

11/21/2000 364 MINUTE ORDER of 11/21/00 by Hon. Suzanne B. Conlon: The joint motion for a finding that Presmeyer vs. Chase Venture Capital Associates, LP et al., 99C7145 (Judge Alesia) is related to this action is granted [363-1]. In accordance with the settlement agreement, the magistrate judge's report and recommendation as to sanctions is moot. Defendant Elliott's objections to the report and recommendation [348-1] are moot. Mailed notice (kef) (Entered: 11/22/2000)

11/29/2000 365 NOTICE by plaintiff of change of address for counsel Christopher Lometti. (kef) (Entered: 12/01/2000)

02/01/2001 366 NOTICE by defendant Dean M Grenwood of change of address of attorney Richard D. Milvenan. (kef) (Entered: 02/02/2001)

02/05/2001 367 AGREED MOTION by defendant Dean M Grenwood for leave to substitute counsel ; Notice. (kef) (Entered: 02/09/2001)

02/05/2001 369 MOTION by plaintiffs for preliminary approval of proposed class action settlement ; Memorandum of law in support (Attachments); Notice. (kef) (Entered: 02/21/2001)

02/08/2001 368 MINUTE ORDER of 2/8/01 by Hon. Suzanne B. Conlon: Defendant Dean M. Greenwood's agreed motion for leave to substitute counsel is granted [367-1]. Katherine D. Jordan of Vinson & Elkins is granted leave to withdraw as counsel for defendant and Richard D. Milvenan is granted leave to substitute as counsel for defendant. Mailed notice (kef) (Entered: 02/09/2001)

02/13/2001 370 MINUTE ORDER of 2/13/01 by Hon. Suzanne B. Conlon: Plaintiffs' motion for preliminary approval of proposed class action settlement is granted [369-1]. (Entered Preliminary Order in Connection with Settlement Proceedings.) Mailed notice (kef) (Entered: 02/21/2001)

04/20/2001 371 JOINT PETITION by plaintiff for award of attorney fees , and reimbursement of costs and expenses ; Memorandum in support (Attachments). (ac) (Entered: 04/23/2001)

04/20/2001 372 MEMORANDUM by plaintiff in support of final approval of proposed class action settlement; Notice. (ac) Modified on 04/23/2001 (Entered: 04/23/2001)

04/20/2001 373 AFFIDAVIT of Marvin A. Miller in support of final approval of class action settlement and request for attorneys' fees and reimbursements of expenses (Attachments). (ac) (Entered: 04/23/2001)

05/01/2001 374 MINUTE ORDER of 5/1/01 by Hon. Suzanne B. Conlon : Fairness hearing held. There being no objections or opt outs of the class action settlement, the proposed final order and judgment are taken under advisement. Mailed notice. (las) (Entered: 05/11/2001)

05/07/2001 375 MINUTE ORDER of 5/7/01 by Hon. Suzanne B. Conlon : (Entered Final Order and Judgment.) (Attachment) Mailed notice. (las) (Entered: 05/17/2001)

07/09/2001 377 MOTION by Class Counsel to allow three additional exclusions from the settlement (Attachments); Notice. (mw) (Entered: 07/16/2001)

07/11/2001 376 MEMORANDUM of law by defendant Merrill Lynch & Co opposing class counsel's motion to allow three additional exclusions from the settlement (Attachments); Notice. (lc) (Entered: 07/13/2001)

07/12/2001 378 MINUTE ORDER of 7/12/01 by Hon. Suzanne B. Conlon : Class Counsel's motion to allow three additional exclusions from the settlement [377-1] and defendants' objections are taken under advisement. Mailed notice (mw) (Entered: 07/16/2001)

07/19/2001 379 COUNSEL'S MOTION by plaintiff for leave to file reply in support of motion to exclude additional memebers of the class . (lc) (Entered: 07/26/2001)

07/19/2001 380 COUNSELS' REPLY by plaintiff in support of motion to exclude three additional members of the class who requested exclusion pursuant to the first notice sent pursuant to order dated September 26, 2001 [379-1] (Attachment); Notice. (lc) (Entered: 07/26/2001)

07/23/2001 383 MOTION by defendant Merrill Lynch & Co. for leave to file response to the declaration of Matthew R. Rutherford and to plaintiff's counsel's motion for leave to file reply (Attachment); Notice. (fce) Modified on 08/15/2001 (Entered: 08/08/2001)

07/24/2001 381 MINUTE ORDER of 7/24/01 by Hon. Suzanne B. Conlon : Platinffs' motion for leave to file reply in support of motion to exclude additional members of the class is granted [380-1]. Mailed notice (lc) (Entered: 07/26/2001)

07/26/2001 384 MINUTE ORDER of 7/26/01 by Hon. Suzanne B. Conlon: Plaintiff's motion for leave to file reply and response to Rutherford's declaration [383-2] are granted. Mailed notice. (fce) (Entered: 08/08/2001)

07/26/2001 386 RESPONSE by defendant Merrill Lynch & Co. to the declaration of Matthew R. Rutherford and plaintiffs' counsel's motion for leave to file reply in support of motion to exclude additional memebers of the class [379-1]. (fce) (Entered: 08/15/2001)

07/27/2001 382 MINUTE ORDER of 7/27/01 by Hon. Suzanne B. Conlon: Class counsel's motion to allow three additional exclusions from the Danis settlement [377-1] is denied. (See reverse of minute order.) Notice mailed by judge's staff. (fce) (Entered: 08/06/2001)

08/09/2001 385 REPLY by plaintiff's counsels in support of motion to exclude three additional members of the class who requested exclusion pursuant to the first notice sent pursuant to order dated 9/26/01 [377-1] (Attachment); Notice. (fce) (Entered: 08/10/2001)

08/10/2001 388 MOTION by Class Counsel to reconsider order dated 7/27/01 denying request to exclude three additional members of the class and memorandum of law in support (Attachments); Notice. (fce) (Entered: 08/21/2001)

08/15/2001 387 MEMORANDUM by defendant Merrill Lynch & Co. in opposition to class counsel's motion to reconsider the order dated 7/27/01 (Attachment). (fce) (Entered: 08/16/2001)

08/16/2001 389 MINUTE ORDER of 8/16/01 by Hon. Suzanne B. Conlon: Class Counsel's motion to reconsider order dated 7/27/01 denying request to three additional members of the class [388-1] is taken advisement. Mailed notice. (fce) (Entered: 08/21/2001)

08/27/2001 390 MINUTE ORDER of 8/27/01 by Hon. Suzanne B. Conlon: Class Counsel's motion for reconsideration of the 07/27/01 order [388-1] is denied. (See reverse of minute order.) Mailed notice by judge's staff. (fce) (Entered: 08/30/2001)

09/26/2001 391 NOTICE OF APPEAL by Class Members and Proposed Class Members from minute order [390-1], minute order [382-1] ($105.00 PAID ); Notice (mak) (Entered: 09/28/2001)

09/28/2001 TRANSMITTED to the 7th Circuit the short record on appeal [391-1] . Mailed notice to all counsel. (mak) (Entered: 09/28/2001)

09/28/2001 392 AMENDED NOTICE OF APPEAL by Class from minute order [390-1], motion minute order [382-1]( $105.00 PAID); Notice (mak) (Entered: 10/01/2001)

10/01/2001 TRANSMITTED to the 7th Circuit the short record on appeal [392-1]. Mailed notice to all counsel. (mak) (Entered: 10/01/2001)

10/02/2001 393 ACKNOWLEDGEMENT of receipt of short record on appeal [391-1] USCA 01-3562. (fce) (Entered: 10/04/2001)

10/03/2001 394 ACKNOWLEDGEMENT of receipt of short record on appeal [392-1] USCA 01-3579. (fce) (Entered: 10/04/2001)

10/03/2001 395 COPY of Order dated 10/03/01 from the 7th Circuit: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992) (01-3579). (fce) (Entered: 10/04/2001)

10/03/2001 396 COPY copy of Order dated 10/03/01 from the 7th Circuit: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992) (01-3562). (fce) (Entered: 10/04/2001)

10/03/2001 397 COPY of Order dated 10/03/01 from the 7th Circuit: It is ordered that appellants shall file, on or before 10/15/01, a brief memorandum stating why this appeal should not be dismissed as unnecessary. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be suspended pending further court order. Caption document "Juridictional Memorandum." The filing of a Circuit rule 3(c) docketing statement does not satisfy your obligation under this order (01-3562). (fce) (Entered: 10/04/2001)

10/11/2001 398 SEVENTH CIRCUIT transcript information sheet by plaintiff. (fce) (Entered: 10/12/2001)

10/12/2001 399 DESIGNATION by Merrill Lynch & Co in 1:98-cv-07482 of appeal record no. 01-3579 (cdh) (Entered: 10/15/2001)

10/17/2001 400 CERTIFIED copy of Order dated 10/17/01 from the 7th Circuit: It is ordered that the motion to voluntarily dismiss this appeal is granted, and this appeal is dismissed pursuant to Fed. R. App. P. 42(b) (01-3562). (fce) (Entered: 10/22/2001)

10/19/2001 TRANSMITTED to the 7th Circuit the long record on appeal no. 01-3621 consisting of 1 volume of pleadings and 1 loose pleadings (doc# 28). [41-1] Mailed notice to all counsel. (dj) (Entered: 10/19/2001)

03/19/2002 401 MINUTE ORDER of 3/19/02 by Hon. Suzanne B. Conlon: Plaintiff's joint petition for award of attorney fees [371-1] and reimbursement of costs and expenses [371-2] is moot. No notice (cdy) (Entered: 03/21/2002)

03/19/2002 402 MINUTE ORDER of 3/19/02 by Hon. Suzanne B. Conlon: Plaintiff's motion for leave to file reply in support of motion to exclude additional members of the class [379-1] is moot. No notice (cdy) (Entered: 03/21/2002)

05/08/2002 405 NOTICE of motion by plaintiff regarding oral motion for an oder approving distribution of the net settlement fund (Attachment) (cdy) (Entered: 05/14/2002)

05/08/2002 406 AFFIDAVIT of Michael A. Schwartz in support of order approving distribution of the net settlement fund (Attachments) (cdy) (Entered: 05/14/2002)

05/08/2002 407 AFFIDAVIT of Stuart Dym (Attachments) (cdy) (Entered: 05/14/2002)

05/08/2002 408 MINUTE ORDER of 5/8/02 by Hon. Suzanne B. Conlon: Plaintiff's oral motion for an order approving distribution of the net settlement fund is granted. (Entered Order Approving Distribution of the Net Settlement Fund.) Mailed notice (cdy) (Entered: 05/14/2002)

05/10/2002 403 LETTER from the 7th Circuit: Retaining record on appeal no. 01-3579. There was no record filed with this court in this cause. (cdy) (Entered: 05/13/2002)

05/10/2002 404 CERTIFIED COPY of order from the 7th Circuit: appeal dismissed [392-1], appeal dismissed [391-1]. Upon consideration of the motion to dismiss filed by the appellant on 05/08/02, it is ordered that this cause is dismissed pursuant to Federal Rule of Appellate Procedure 42(b). The parties have settled this matter in accordance with discussions held under Circuit Rule 33 ( 01-3579 and 01-3621). (cdy) (Entered: 05/13/2002)

10/02/2003 409 MOTION by plaintiff for order concerning final deposition of the net settlement fund Affidavit of Karen-Ann Levine in support (Attachments); Notice (cdy) (Entered: 10/22/2003)

10/21/2003 410 MINUTE ORDER of 10/21/03 by Hon. Suzanne B. Conlon: Plaintiffs' motion for order concerning final deposition of the net settlement fund [409-1] is taken under advisement. Any objections to be filed by 10/28/03. Notices mailed by judge's staff (cdy) (Entered: 10/22/2003)

11/12/2003 411 MINUTE ORDER of 11/12/03 by Hon. Suzanne B. Conlon: Plaintiff's unopposed motion for order concerning final deposition of the net settlement fund [409-1], is granted. (Entered Order Concerning Final Distribution of the Net Settlement Fund.) Notices mailed by judge's staff (cdy) (Entered: 11/13/2003)

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