US District Court Civil Docket as of 12/11/2002 Retrieved from the court on Wednesday, August 03, 2005

U.S. District Court District of Utah (Central)

CIVIL DOCKET FOR CASE #: 2:00-cv-00652-TC

Spiegel v. Tenfold, et al Assigned to: Judge Tena Campbell Demand: $0 Case in other court: Member Case, 2:00-cv-00669 Member Case, 2:00-cv-00701 Member Case, 2:00-cv-00724 Member Case, 2:00-cv-00730 Member Case, 2:00-cv-00731Cause: 15:0078m(a) Securities Exchange Act

Date Filed: 08/16/2000 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Mark Spiegel on behalf of himself and all others similarly situated

represented by Charles J. Piven 401 E PRATT ST STE 2525 BALTIMORE, MD 21202 (410)332-0030 Email: piven@pivenlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis M. Gregorek WOLF HALDENSTEIN ADLER FREEMAN & HERZ 750 B STS TE 2770 SAN DIEGO, CA 92101 (619)239-4599 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M. Nespole WOLF HALDENSTEIN ADLER FREEMAN & HERZ 270 MADISON AVE NEW YORK, NY 10016 (212)545-4600 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey C. Block BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO ONE LIBERTY SQUARE

BOSTON, MA 02109 (617)542-8300 LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold WOLF HALDENSTEIN ADLER FREEMAN & HERZ 750 B STS TE 2770 SAN DIEGO, CA 92101 (619)239-4599 Edward P. Dietrich LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 401 B ST STE 1700 SAN DIEGO, CA 92101 (619)231-1058 Jennifer L. Finger BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO ONE LIBERTY SQUARE BOSTON, MA 02109 (617)542-8300 Scott A. Call ANDERSON & KARRENBERG 50 W BROADWAY STE 700 SALT LAKE CITY, UT 84101 (801)534-1700 Email: scall@aklawfirm.com ATTORNEY TO BE NOTICED Stephen P. Polapink LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 401 B ST STE 1700 SAN DIEGO, CA 92101 (619)231-1058 Steven W Dougherty ANDERSON & KARRENBERG 50 W BROADWAY STE 700 SALT LAKE CITY, UT 84101 (801)534-1700 Email: sdougherty@aklawfirm.com ATTORNEY TO BE NOTICED William S. Lerach

LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 401 B ST STE 1700 SAN DIEGO, CA 92101 (619)231-1058

Plaintiff

Bret K. Clayton represented by Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address) Edward P. Dietrich (See above for address) Francis M. Gregorek (See above for address) ATTORNEY TO BE NOTICED Stephen P. Polapink (See above for address) Steven W Dougherty (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

T. Kevin Jackson represented by Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address)

Edward P. Dietrich (See above for address) Francis M. Gregorek (See above for address) ATTORNEY TO BE NOTICED Stephen P. Polapink (See above for address) Steven W Dougherty (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Albert Sapiano represented by Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address) Edward P. Dietrich (See above for address) Francis M. Gregorek (See above for address) ATTORNEY TO BE NOTICED Stephen P. Polapink (See above for address) Steven W Dougherty (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Richard C. Young represented by Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address) Edward P. Dietrich (See above for address) Francis M. Gregorek (See above for address) ATTORNEY TO BE NOTICED Stephen P. Polapink (See above for address) Steven W Dougherty (See above for address) ATTORNEY TO BE NOTICED

V.

Consol Plaintiff

Clayton Barton on behalf of himself and All others similarly situated

represented by Francis M. Gregorek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M. Nespole (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul J. Geller CAULEY & GELLER 2255 GLADES ROAD #421A BOCA RATON, FL 33431 (561)750-3000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold

(See above for address) William S. Lerach (See above for address)

Consol Plaintiff

Michael O'Brien on behalf of himself and all others similarly situated

represented by David R. Scott SCOTT & SCOTT PO BOX 192 108 NORWICH AVE COLCHESTER, CT 06415 (860)537-5537 Email: drscott@scott-scott.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis M. Gregorek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M. Nespole (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address) William S. Lerach (See above for address)

Consol Plaintiff

Robert J. Pauly on behalf of himself and all others similarly situated

represented by Francis M. Gregorek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M. Nespole (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address) Marc A. Topaz SCHIFFRIN & BARROWAY LLP 280 KING OF PRUSSIA RD RADNOR, PA 19087 (610)667-7706 ATTORNEY TO BE NOTICED Steven W Dougherty (See above for address) ATTORNEY TO BE NOTICED William S. Lerach (See above for address)

Consol Plaintiff

Barry Hart on behalfof himself and others similarly situated

represented by Francis M. Gregorek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M. Nespole (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address) Marc S. Henzel 273 MONGOMERY AVE STE 202 BALA CYNWYD, PA 19004-2808 Email: mhenzel182@aol.com ATTORNEY TO BE NOTICED William S. Lerach (See above for address)

Consol Plaintiff

Michael J. Slade on behalf of himself and all others similarly situated

represented by Francis M. Gregorek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M. Nespole (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott A. Call (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C. Manifold (See above for address) Steven W Dougherty (See above for address) ATTORNEY TO BE NOTICED William S. Lerach (See above for address)

V.

Defendant

Tenfold represented by Darryl P. Rains MORRISON & FOERSTER LLP 425 MARKET ST SAN FRANCISCO, CA 94105-2482 (415)268-7000 Email: drains@mofo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Eugene G. Illovsky MORRISON & FOERSTER LLP 101 YGNACIO VALLEY RD STE 450 WALNUT CREEK, CA 94596-8130 (925)295-3300 Email: eillovsky@mofo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael L. Larsen PARSONS BEHLE & LATIMER 201 S MAIN ST STE 1800 PO BOX 45898 SALT LAKE CITY, UT 84145-0898 (801)532-1234 Email: mlarsen@pblwest.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik A. Christiansen PARSONS BEHLE & LATIMER 201 S MAIN ST STE 1800 PO BOX 45898 SALT LAKE CITY, UT 84145-0898 (801)532-1234 Email: echristiansen@pblwest.com ATTORNEY TO BE NOTICED Evan L. Land MORRISON & FOERSTER LLP 425 MARKET ST SAN FRANCISCO, CA 94105-2482 (415)268-7000

Defendant

Gary Kennedy represented by Darryl P. Rains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eugene G. Illovsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael L. Larsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik A. Christiansen (See above for address) ATTORNEY TO BE NOTICED Evan L. Land (See above for address)

V.

Consol Defendant

William M. Conroy represented by Eugene G. Illovsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael L. Larsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik A. Christiansen (See above for address) ATTORNEY TO BE NOTICED

Consol Defendant

Robert P. Hughes represented by Eugene G. Illovsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael L. Larsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik A. Christiansen (See above for address) ATTORNEY TO BE NOTICED

Consol Defendant

Glen D. Mella TERMINATED: 05/02/2001

represented by Michael L. Larsen (See above for address) TERMINATED: 05/02/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik A. Christiansen (See above for address) TERMINATED: 05/02/2001 ATTORNEY TO BE NOTICED

Consol Defendant

Adam Slovik represented by Eugene G. Illovsky

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael L. Larsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik A. Christiansen (See above for address) ATTORNEY TO BE NOTICED

Consol Defendant

Jeffrey L. Walker represented by Eugene G. Illovsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael L. Larsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik A. Christiansen (See above for address) ATTORNEY TO BE NOTICED

Defendant

Robert W. Felton represented by Evan L. Land (See above for address)

Date Filed # Docket Text

08/16/2000 1 Complaint filed, assigned to Judge J. Thomas Greene Receipt #: 107411 (jmr) (Entered: 08/17/2000)

08/18/2000 Memo of recusal signed by Judge Greene, 8/18/00 (Entered: 08/21/2000)

08/21/2000 Case reassigned to Judge David Sam (Entered: 08/21/2000)

08/28/2000 Memo of recusal signed by Judge Sam, 8/25/00 (Entered: 08/28/2000)

08/28/2000 Case reassigned to Judge Tena Campbell (Entered: 08/28/2000)

08/29/2000 2 NTC of recusal of Judge J. Thomas Greene and reassignment to Judge Tena Campbell. cc: atty (asb) (Entered: 08/29/2000)

09/15/2000 3 Motion by Tenfold, Gary Kennedy (also Wm Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker to consolidate cases 2:00cv669C, 2:00cv652C, 2:00cv701K, 2:00cv724K and 2:00cv730K pursuant to 15 USC 78u-4(a)(3)(B)(ii), FRCP Rule 42 and Local Rule 42-1 (alt) (Entered: 09/18/2000)

09/15/2000 4 Memorandum by Tenfold, Gary Kennedy in support of [3-1] motion to consolidate cases 2:00cv669C, 2:00cv652C, 2:00cv701K, 2:00cv724K and 2:00cv730K pursuant to 15 USC 78u-4(a)(3)(B)(ii), FRCP Rule 42 and Local Rule 42-1 (alt) (Entered: 09/18/2000)

09/15/2000 5 Acceptance of service as to Tenfold, Gary Kennedy 9/11/00, c/o cnsl Darryl P. Rains. Answer due on 10/2/00 for Gary Kennedy, for Tenfold. (Entered: 09/18/2000)

09/26/2000 6 Motion and Order signed by Judge Tena Campbell , 9/26/00 . Granting motion /PHV for Attorney: Jennifer L. Finger on behalf of plaintiff Mark Spiegel (Entered: 09/27/2000)

09/28/2000 7 Motion and Order signed by Judge Tena Campbell , 9/27/00 . Granting motion /PHV for Attorney: Jeffrey C. Block on behalf of plaintiff Mark Spiegel (Entered: 09/29/2000)

10/02/2000 8 Motion by Tenfold, Gary Kennedy to dismiss pla's cmp (Entered: 10/03/2000)

10/02/2000 9 Memorandum by Tenfold, Gary Kennedy in support of [8-1] motion to dismiss pla's cmp (Entered: 10/03/2000)

10/02/2000 10 Affidavit of Steve Zabriskie (Entered: 10/03/2000)

10/02/2000 Motion by Tenfold, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, consolidated dfts from 2:00-cv-669 to dismiss pla's complaint Note: this motion was filed in 2:00-cv-669 (Entered: 10/31/2000)

10/02/2000 Motion by Tenfold, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, condfts from 2:00-cv-701 to dismiss pla's complaint Note: this motion was filed in case 2:00-cv-701 (Entered: 10/31/2000)

10/16/2000 11 Motion and Order signed by Judge Tena Campbell , 10/16/00 . Granting motion /PHV for Attorney: Charles J. Piven on behalf of plaintiff Mark Spiegel (Entered: 10/16/2000)

10/16/2000 12 Motion (in support of req) by Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933 , for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class , for appointment of Anderson & Karrenberg as liaison counsel (alt) (Entered: 10/18/2000)

10/16/2000 13 Memorandum by Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young in support of [12-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel (alt) (Entered: 10/18/2000)

10/16/2000 14 Declaration of Scott A. Call in support of [12-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel (alt) (Entered: 10/18/2000)

10/16/2000 15 Certificate of service re: [14-1] declaration, [13-1] support memorandum, [12-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, and (proposed) order by Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young (alt) (Entered: 10/18/2000)

10/16/2000 Motion by Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, movants for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933 , for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class , a for appointment of Anderson and Karrenberg as liaison counsel Note: This motion was filed in case 2:00-cv-669 (Entered: 10/31/2000)

10/16/2000 Motion by Michael O'Brien, consol pla from case 2:00-cv-731 for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933 , for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class , for appointment of counsel of Anderson and Karrenburg as liaison counsel Note- These Motions were filed in the case of 2:00-cv-00731 (Entered: 10/31/2000)

10/16/2000 Motion by Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, movants for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933 , for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class , for appointment of Anderson and Karrenburg as liaison counsel Note: this motion was filed in case 2:00-cv-701 (Entered: 10/31/2000)

10/16/2000 Motion by Barry Hart, conpla from 2:00-cv-730 for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933 , for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class , for appointment of Anderson and Karrenburg as liaison counsel Note - these motions were filed in case 2:00-cv-730 Modified on 10/31/2000 (Entered: 10/31/2000)

10/16/2000 Motion by Michael J. Slade, conpla from 2:00-cv-724 for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933 , for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class , for appointment of Anderson and Karrenbert as liaison counsel Note - these motions were filed in case 2:00-cv-724 Modified on 10/31/2000 (Entered: 10/31/2000)

10/20/2000 16 Objections by Mark Spiegel [8-1] dfts' motion to dismiss pla's cmp (Entered: 10/23/2000)

10/20/2000 16 Motion by Mark Spiegel to stay resolution of dfts' mot/dism , and for expedited Hearing (Entered: 10/23/2000)

10/20/2000 17 Memorandum by Mark Spiegel in support of [16-1] motion to stay resolution of dfts' mot/dism, [16-1] objection to dfts' mot/dism (Entered: 10/23/2000)

10/20/2000 Motion by Robert J. Pauly to stay resolution of dfts' motion to dismiss until after an

amd consol cmp has been filed by lead plas Note: this motion was filed in case 2:00-cv-701 (Entered: 10/31/2000)

10/23/2000 Motion by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker to dismiss pla's complaint Note - this motion was filed in the cs of 2:00-cv-731 (Entered: 10/31/2000)

10/23/2000 Motion by Tenfold, Gary Kennedy to dismiss pla's cmp Note - this motion was filed in case 2:00-cv-730 (Entered: 10/31/2000)

10/23/2000 Motion by Tenfold, Gary Kennedy to dismiss pla's cmp Note - this motion was filed in case 2:00-cv-724 (Entered: 10/31/2000)

10/30/2000 18 Stipulation by Mark Spiegel, Tenfold, Gary Kennedy to consolidate following cases with this case - 2:00-cv-669S, 2:00-cv-701K, 2:00-cv-00724K, 2:00-cv-00730K and 2:00cv731ST with this case. Case 2:00-cv-652 to be lead case (Entered: 10/31/2000)

10/30/2000 19 Order granting [18-1] stipulation motion to consolidate following cases with this case - 2:00-cv-669S, 2:00-cv-00724K, 2:00-cv-00730K and 2:00cv731ST with this case. Case 2:00-cv-652 to be lead case. Signed by Judge Tena Campbell , 10/30/00 cc:atty (Entered: 10/31/2000)

10/30/2000 (Entered: 10/31/2000)

10/31/2000 20 Notice of Hearing filed : status conference set for 3:30 11/16/00 To be held before Judge Tena Campbell cc:atty ( Ntc generated by: Courtroom Dep TB) (Entered: 11/01/2000)

11/03/2000 21 Memorandum by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker in opposition to [0-1] Pauly's motion to stay resolution of dfts' motion to dismiss until after an amd consol cmp has been filed by lead plas, [16-1] Spiegel's motion to stay resolution dfts' mot/dism (Entered: 11/06/2000)

11/03/2000 22 Response by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker to [12-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for

appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 11/06/2000)

11/07/2000 23 Motion and Order signed by Judge Tena Campbell , 11/6/00 . Granting motion /PHV for Attorney: Darryl P. Rains on behalf of defendant Tenfold, defendant Gary Kennedy (Entered: 11/07/2000)

11/09/2000 24 Motion and Order signed by Judge Tena Campbell , 11/8/00 . Granting motion /PHV for Attorney: Francis M. Gregorek & Betsy C. Manifold on behalf of plaintiff Mark Spiegel, consolidated plaintiff Clayton Barton, consolidated plaintiff Michael O'Brien, consolidated plaintiff Robert J. Pauly, consolidated plaintiff Barry Hart, consolidated plaintiff Michael J. Slade (Entered: 11/09/2000)

11/09/2000 25 Motion and Order signed by Judge Tena Campbell , 11/10/00 . Granting motion /PHV for Attorney: Gregory M. Nespole on behalf of plaintiff Mark Spiegel, consolidated plaintiff Clayton Barton, consolidated plaintiff Michael O'Brien, consolidated plaintiff Robert J. Pauly, consolidated plaintiff Barry Hart, consolidated plaintiff Michael J. Slade (Entered: 11/13/2000)

11/13/2000 27 Objections by Michael O'Brien, Barry Hart, Michael J. Slade [0-1] motion to dismiss pla's cmp, [0-1] motion to dismiss pla's cmp, [0-1] motion to dismiss pla's complaint, [0-1] motion to stay resolution of dfts' motion to dismiss until after an amd consol cmp has been filed by lead plas, [0-1] motion to dismiss pla's complaint, [0-1] motion to dismiss pla's complaint, [8-1] motion to dismiss pla's cmp (Entered: 11/14/2000)

11/13/2000 27 Motion by Michael O'Brien, Barry Hart, Michael J. Slade to stay resolution of dfts' motions to dism (Entered: 11/14/2000)

11/14/2000 26 AMENDED Notice of Hearing filed : status conference set for 4:00 11/28/00 To be held before Judge TC cc:atty ( Ntc generated by: Courtroom Dep TB) (Entered: 11/14/2000)

11/14/2000 27 Motion by Michael O'Brien, Barry Hart, Michael J. Slade for Joinder RE: [0-1] Pauly's motion to stay resolution of dfts' motion to dismiss until after an amd consol cmp has been filed by lead plas, [16-1] Spiegel's motion to stay resolution of dfts' mot/dism, [16-1] Spiegel's objection to dfts' mot/dism (Entered: 11/14/2000)

11/16/2000 28 Motion and Order signed by Judge Tena Campbell , 11/16/00 . Granting motion /PHV for Attorney: Edward P. Dietrich & Stephen P. Polapink on behalf of plaintiff Mark Spiegel (Entered: 11/17/2000)

11/16/2000 29 Reply by Mark Spiegel, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade to response to [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison

counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 11/17/2000)

11/16/2000 30 Declaration of Betsy C. Manifold IN FURTHER SUPPORT Re: [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 11/17/2000)

11/16/2000 31 Certificate of service [30-1] declaration, [29-1] response reply by Mark Spiegel, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade (Entered: 11/17/2000)

11/17/2000 32 Reply Memorandum by Clayton Barton, Michael O'Brien, Mark Spiegel, Robert J. Pauly, Barry Hart, Michael J. Slade in support [27-1] objections to [0-1] motion to dismiss pla's cmp, [0-1] motion to dismiss pla's cmp, [0-1] motion to dismiss pla's complaint, [0-1] motion to stay resolution of dfts' motion to dismiss until after an amd consol cmp has been filed by lead plas, [0-1]motion to dismiss pla's complaint, [0-1] motion to dismiss pla's complaint, [8-1] motion to dismiss pla's cmp (asb) (Entered: 11/20/2000)

11/22/2000 33 Certificate of election filed by defendant Tenfold, defendant Gary Kennedy, consolidated defendant William M. Conroy, consolidated defendant Robert P. Hughes, consolidated defendant Glen D. Mella, consolidated defendant Adam Slovik, consolidated defendant Jeffrey L. Walker Refer to: Normal litigation track. (ce) (Entered: 11/22/2000)

11/28/2000 34 Minute entry: After discussion with counsel, the court will make a ruling appointing lead plaintiff and lead counsel for plaintiff first. All cases that were consolidated into this case have been closed and all motions are now pending in this case. terminated deadlines ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 11/29/2000)

12/15/2000 35 Motion and Order signed by Judge Tena Campbell, 12/15/00. Granting motion /PHV for Attorney: William S. Lerach on behalf of plaintiff Mark Spiegel, consolidated plaintiff Clayton Barton, consolidated plaintiff Michael O'Brien,

consolidated plaintiff Robert J. Pauly, consolidated plaintiff Barry Hart, consolidated plaintiff Michael J. Slade, cc:atty (asb) (Entered: 12/15/2000)

01/03/2001 36 Order denying [0-1] motion to dismiss pla's cmp, denying [0-1] motion to dismiss pla's cmp, denying [0-1] motion to dismiss pla's complaint, denying [0-1] motion to dismiss pla's complaint, denying [0-1] motion to dismiss pla's complaint, denying [8-1] motion to dismiss pla's cmp mooting [27-1] motion to stay resolution of dfts' motions to dism, mooting [0-1] motion to stay resolution of dfts' motion to dismiss until after an amd consol cmp has been filed by lead plas, mooting [16-1] motion to stay resolution of dfts' mot/dism, Movants' cnsl is instructed to file/submit suppl memo within 30 days of receipt of this order addressing issues discussed. Ct makes no ruling at this time on the motions for appointment of lead and liaison counsel signed by Judge Tena Campbell , 1/2/01 cc:atty (Entered: 01/04/2001)

02/02/2001 37 Movants' Suppl Memorandum and Evidentiary Submission IN SUPPORT RE: [12-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel filed by Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young (Entered: 02/05/2001)

02/02/2001 38 Declaration of Scott A. Call IN SUPPORT of the Tenfold Investors' Motions: [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel (Entered: 02/05/2001)

02/02/2001 39 Joint Declaration of Bret K. Clayton, T. Kevin Jackson, Albert Sapiano and Richard C. Young IN SUPPORT of Tenfold Investors' Motions Re: [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for

appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel (Entered: 02/05/2001)

02/02/2001 40 Certificate of service [39-1] joint declaration of movants to Tenfold Investor's mot/appoint of lead pla, [38-1] declaration of Scott Call, [37-1] movant's suppl memo & evidentiary submission in support of motion for appointment of lead pla and lead pla cnsl filed by Mark Spiegel, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade. Note: Jt decl of Edward Dietrich, Francis M. Gregorek, Steven Cauley, T. Kevin Jackson, Albert Sapiano and Richard C. Young, as listed on the certif. of service, have not yet been filed with the court as of 2/7/01. 2/8/01 above delcarations have been filed. Modified on 02/09/2001 (Entered: 02/08/2001)

02/02/2001 44 Declaration of Richard C. Young Re: [12-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 02/13/2001)

02/08/2001 41 Declaration of T. Kevin Jackson IN SUPPORT of Tenfold Investors' motions Re: [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel (Entered: 02/09/2001)

02/08/2001 42 Jt Declaration of Edward P. Dietrich, Francis M. Gregorek and Steven e. Cauley IN

SUPPORT of Tenfold Investors' Motions Re: [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 02/09/2001)

02/08/2001 43 Declaration of Albert Sapiano IN SUPPORT of the Tenfold Investors' Motion Re: [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 02/09/2001)

02/27/2001 45 Declaration of Bret K. Clayton IN SUPPORT Re: [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1]

motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 02/28/2001)

02/27/2001 46 Joint Declaration signed by Bret Clayton IN SUPPORT Re: [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, [0-3] motion for appointment of Anderson and Karrenbert as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of counsel of Anderson and Karrenburg as liaison counsel, [0-1] motion for appointment of lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel (Entered: 02/28/2001)

02/27/2001 47 Certificate of service [46-1] joint declaration of Bret K. Clayton, [45-1] declaration of Bret K. Clayton by Mark Spiegel (Entered: 02/28/2001)

03/07/2001 48 Order granting [12-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933. Court appoints movants Bret T. Clayton, Kevin Jackson, Albert Sapiano and Richard C. Young as lead plas in this case. Granting [12-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, granting [12-3] motion for appointment of Anderson & Karrenberg as liaison counsel, granting [0-1] motion for appointment of lead pla purs to 27(a)(3)(B) of Securities Act of 1933, granting [0-2] motion for appointment of Milberg, Weiss Bershand, Hynes & Lerach as counsel for the class, granting [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel, granting [0-1] motion for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, granting [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, granting [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel, granting [0-1] motion for appointment of lead pla purs to to Sec. 27(a)(3)(B) of the Securities Act of 1933, granting [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for class, granting [0-3] motion for appointment of Anderson and Karrenburg as liaison counsel, granting [0-1] motion

for appointment of lead pla pursuant to Sec. 27(a)(3)(B) of the Securities Act of 1933, granting [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, granting [0-3] motion for appointment of counsel of Anderson and Karrenberg as liaison counsel, granting [0-1] motion for appointment lead pla pursuant to Sec. 27(1)(3)(B) of the Securities Act of 1933, granting [0-2] motion for appointment of Milberg Weiss Bershad Hynes & Lerach as lead counsel for the class, granting [0-3] motion for appointment of Anderson and Karrenberg as liaison counsel signed by Judge Tena Campbell , 3/7/1 cc:atty Modified on 03/08/2001 (Entered: 03/08/2001)

03/29/2001 49 Stipulation by Mark Spiegel, Tenfold, Gary Kennedy, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade plas to file amd consol cmp nlt 4/30/01 , dfts have up to and including 6/14/01 to file answer, plead or otherwise resp to plas' amd consol cmp , In event dfts file dispositive motion, plas shall have up to and including 7/30/01 to file mem/opp to such motion and dfts shall have up to and including 8/29/01 to file reply (Entered: 03/30/2001)

03/29/2001 49 Order granting [49-1] stipulation motion plas to file amd consol cmp nlt 4/30/01, granting [49-2] stipulation motion dfts have up to and including 6/14/01 to file answer, plead or otherwise resp to plas' amd consol cmp, granting [49-3] stipulation motion In event dfts file dispositive motion, plas shall have up to and including 7/30/01 to file mem/opp to such motion and dfts shall have up to and including 8/29/01 to file reply signed by Judge Tena Campbell , 3/29/1 cc:atty (Entered: 03/30/2001)

05/02/2001 50 CONSOLIDATED Amended complaint by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade. Added party Robert W. Felton. Term condft Mella. Amends [1-1] complaint; jury demand (alt) Modified on 06/08/2001 (Entered: 05/04/2001)

05/03/2001 51 Stipulation by Mark Spiegel, Tenfold, Gary Kennedy, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, William M. Conroy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade stip for briefing scheduling order as follows: plas will file amd cmp by 5/2/01; dft's have until 6/19/01 to respond; if dispositive mot is filed by dfts, plas have until 8/7/01 to file mem/opp and dfts have until 9/7/01 to reply to mem/opp (alt) (Entered: 05/04/2001)

05/03/2001 51 Order granting [51-1] stipulated motion for briefing/ scheduling order as follows: plas will file amd cmp by 5/2/01; dft's have until 6/19/01 to respond; if dispositive mot is filed by dfts, plas have until 8/7/01 to file mem/opp and dfts have until 9/7/01 to reply to mem/opp. Signed by Judge Tena Campbell, 5/3/01 cc:atty (alt) (Entered: 05/04/2001)

05/31/2001 52 Motion and Order signed by Judge Tena Campbell, 5/31/01. Granting motion/PHV for Attorney: Eugene G. Illovsky on behalf of defendant Tenfold, defendant Gary Kennedy, consolidated defendant Jeffrey L. Walker, consolidated defendant Adam Slovik, consolidated defendant Robert P. Hughes, consolidated defendant William M. Conroy cc:attys (alt) (Entered: 06/01/2001)

06/07/2001 53 Ex parte motion by Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton for leave to file overlength mem/sup of mot/dism consolidated amdcmp (alt) (Entered: 06/08/2001)

06/07/2001 54 Memorandum by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton in support of [53-1] ex parte motion for leave to file overlength mem/sup of mot/dism consolidated amdcmp (alt) (Entered: 06/08/2001)

06/12/2001 55 Ex parte order granting [53-1] ex parte motion for leave to file overlength mem/sup of mot/dism consolidated amdcmp signed by Tena Campbell 6/12/01 cc: atty (alt) (Entered: 06/13/2001)

06/15/2001 56 Motion and Order signed by Judge Tena Campbell , 6/15/01 . Granting motion /PHV for Attorney: Evan Lund on behalf of defendant Tenfold, defendant Gary Kennedy, defendant Robert W. Felton cc:attys (asp) (Entered: 06/19/2001)

06/19/2001 57 Request for judicial notice by defendant Tenfold, defendant Gary Kennedy, consolidated defendant William M. Conroy, consolidated defendant Robert P. Hughes, consolidated defendant Adam Slovik, consolidated defendant Jeffrey L. Walker, defendant Robert W. Felton (jmr) (Entered: 06/20/2001)

06/19/2001 58 Motion by Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton to dismiss the consolidated amd cmp filed 5/1/01 as to dfts Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton (ce) (Entered: 06/20/2001)

06/19/2001 59 Memorandum by Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton in support of [58-1] motion to dismiss the consolidated amd cmp filed 5/1/01 as to dfts Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton (ce) (Entered: 06/20/2001)

08/06/2001 60 Motion by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade for leave to file overlength mem/opp to mot/dism consol amd cmp (alt) (Entered: 08/07/2001)

08/07/2001 61 Order granting [60-1] motion for leave to file overlength mem/opp to mot/dism consol amd cmp signed by Judge Tena Campbell, 8/6/01 cc:atty (alt) (Entered: 08/07/2001)

08/07/2001 62 Memorandum by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade in opposition to [58-1] motion to dismiss the consolidated amd cmp filed 5/1/01 as to dfts Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton (alt) (Entered: 08/08/2001)

08/07/2001 63 Objections by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade to [57-1] request for judicial ntc (alt) (Entered: 08/08/2001)

08/08/2001 64 Appendix of unreported authorities in support of [62-1] opposition memorandum filed by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade. (alt) (Entered: 08/09/2001)

08/17/2001 65 Notice of Hearing filed: Motion hearing set for 3:00 11/26/01 for [58-1] motion to dismiss the consolidated amd cmp filed 5/1/01 as to dfts Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton , miscellaneous hearing on [57-1] request for judicial ntc set for 3:00 11/26/01 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 08/17/2001)

08/29/2001 66 Notice of filing by Mark Spiegel of Change of Firm Name for atty Block's firm, now Berman DeValerio Pease Tabacco Burt & Pucillo (alt) (Entered: 08/29/2001)

08/30/2001 67 Ex parte motion by Mark Spiegel, Tenfold, Gary Kennedy, Bret K. Clayton, T. Kevin Jackson, William M. Conroy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton for leave to file overlength reply mem/sup mot/dism (alt) (Entered: 08/30/2001)

08/30/2001 68 Memorandum by Mark Spiegel, Tenfold, Gary Kennedy, Bret K. Clayton, T. Kevin Jackson, William M. Conroy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton in support of [67-1] ex parte motion for leave to file overlength reply mem/sup mot/dism (alt) (Entered: 08/30/2001)

08/31/2001 69 Order granting [67-1] ex parte motion for leave to file overlength reply mem/sup mot/dism signed by Judge Tena Campbell , 8/30/01 cc:atty (Entered: 08/31/2001)

09/07/2001 70 (Reply) Memorandum by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, Robert W. Felton in support of [57-1] req for judicial notice (alt) (Entered: 09/07/2001)

09/07/2001 71 Reply by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, Robert W. Felton to response to [58-1] motion to dismiss the consolidated amd cmp filed 5/1/01 as to dfts Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton (alt) (Entered: 09/07/2001)

09/07/2001 72 Appendix to [71-1] response reply filed by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, Robert W. Felton (alt) (Entered: 09/07/2001)

10/05/2001 73 Notice of filing of letter containing citation pursuant to Rule 7-1(b)(4) by Tenfold, Gary Kennedy, Robert W. Felton (alt) (Entered: 10/09/2001)

11/26/2001 74 Minute entry: After hearing argument from counsel, the court takes this matter under advisement [58-1] motion to dismiss the consolidated amd cmp filed 5/1/01 as to dfts Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton taken under advisement ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 11/27/2001)

11/28/2001 75 Certificate of service re: Supplemental Authorities for Proposition That the Bespeaks Caution Doctrine Applies to Claims Made Under Securities Act of 1933

(not filed w/ct) by Tenfold, Gary Kennedy (alt) Modified on 11/30/2001 (Entered: 11/29/2001)

11/30/2001 76 Certificate of service re: Supplemental Authorities for Proposition That the Bespeaks Caution Doctrine Applies to Claims Made Under Securities Act of 1933 (not filed w/ct) by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade (alt) (Entered: 11/30/2001)

12/12/2001 Notice of Change of Address filed by plas (facsimile signature) - LODGED in file (alt) (Entered: 12/13/2001)

12/21/2001 Transcript of Proceedings for date(s) of 11/26/01 re: Motion hrg held before Judge TC. Court Reporter: Raymond P. Fenlon (alt) (Entered: 12/21/2001)

03/19/2002 77 Order granting [58-1] motion to dismiss the consolidated amd cmp filed 5/1/01 as to dfts Tenfold, William M. Conroy, Gary Kennedy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton, pla granted leave to file motion to file 2nd amended cmp signed by Judge Tena Campbell, 3/19/02 cc:atty (alt) (Entered: 03/20/2002)

04/05/2002 78 Stipulation by Mark Spiegel, Tenfold, Gary Kennedy, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade, Robert W. Felton stip to file motion to amd cmp by 5/20/02, for dfts to file opp by 6/10/02 and for plas to file reply by 6/24/02 (no original sigs on stipm/facsimile only) (alt) (Entered: 04/05/2002)

04/05/2002 78 Order granting [78-1] stipulated motion for plas to file motion to amd cmp by 5/20/02, for dfts to file opp by 6/10/02 and for plas to file reply by 6/24/02; signed by Judge Tena Campbell, 4/4/02 cc:atty (alt) (Entered: 04/05/2002)

05/20/2002 79 Motion by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade to amend [50-1] amended complaint w/2nd amd cmp (alt) (Entered: 05/21/2002)

05/20/2002 80 Memorandum by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade in support of [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp (alt) (Entered: 05/21/2002)

05/20/2002 Proposed document from Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, entitled: 2nd Amd Cmp - LODGED IN FILE (alt) Modified on 05/21/2002 (Entered: 05/21/2002)

05/30/2002 81 Notice of Hearing filed: Motion hearing set for 3:00 8/1/02 for [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp To be held before Judge TC cc:atty (Ntc generated by: Chmbrs TB) (alt) (Entered: 05/30/2002)

06/10/2002 82 Stipulation by Mark Spiegel, Tenfold, Gary Kennedy, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, William M. Conroy,

Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade, Robert W. Felton stip to amend [78-1] order re: briefing schedule as follows: dft shall have until 6/24/02 to file mem/opp to mot to file 2nd amd cmp; plas shall have until 7/18/02 to file reply brief; hrg to remain 8/1/02 at 3:00 (alt) (Entered: 06/11/2002)

06/10/2002 82 Order granting [82-1] stipulated motion to amend [78-1] order re: briefing schedule as follows: dft shall have until 6/24/02 to file mem/opp to mot to file 2nd amd cmp; plas shall have until 7/18/02 to file reply brief; hrg to remain 8/1/02 Motion hearing set for 3:00 8/1/02 for [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp signed by Judge Tena Campbell, 6/10/02 cc:atty (alt) (Entered: 06/11/2002)

06/24/2002 83 Memorandum by Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton in opposition to [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp (alt) (Entered: 06/25/2002)

07/18/2002 84 Reply by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Robert J. Pauly, Barry Hart, Michael J. Slade to response to [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp (alt) (Entered: 07/19/2002)

07/25/2002 85 AMENDED Notice of Hearing filed: Motion hearing reset for 11:00 8/20/02 for [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 07/25/2002)

08/20/2002 86 AMENDED Notice of Hearing filed: Motion hearing set for 3:00 11/12/02 for [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 08/20/2002)

08/23/2002 87 Order Motion hearing set for 3:00 11/12/02 for [79-1] motion to amend [50-1] amended complaint w/2nd amd cmp signed by Judge Tena Campbell, 8/22/02 cc:atty (alt) (Entered: 08/26/2002)

08/26/2002 88 Stipulation by Mark Spiegel, Tenfold, Gary Kennedy, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, William M. Conroy, Robert P. Hughes, Glen D. Mella, Adam Slovik, Jeffrey L. Walker, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade, Robert W. Felton stip to extend time/change hrg date re: mot/amd cmp to 11/12/02 at 3:00 p.m. (alt) (Entered: 08/27/2002)

10/04/2002 89 Motion by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade for preliminary approval of class action settlement (ce) (Entered: 10/07/2002)

10/04/2002 90 Memorandum by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade in support of [89-1] motion for preliminary approval of class action settlement (ce) (Entered: 10/07/2002)

10/04/2002 91 Notice/STIPULATION OF SETTLEMENT filed by Mark Spiegel, Bret K.

Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade, Tenfold, Gary Kennedy, William M. Conroy, Robert P. Hughes, Adam Slovik, Jeffrey L. Walker, Robert W. Felton (ce) (Entered: 10/07/2002)

10/08/2002 92 Order granting [89-1] motion for preliminary approval of class action settlement, settlement conference set for 11:00 12/9/02 signed by Judge Tena Campbell, 10/4/02. For further details re: this preliminary approval of settlement, see this order in file. cc:atty (ce) (Entered: 10/09/2002)

11/27/2002 93 Motion by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade for leave to file overlength mem re: atty fees (alt) (Entered: 12/02/2002)

11/27/2002 94 Certificate of service re: [93-1] motion for leave to file overlength mem re: atty fees & proposed order by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade (alt) (Entered: 12/02/2002)

12/02/2002 95 Motion by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade for final approval of settlement , for final approval of allocation of settlement proceeds , for attorney fees & reimbursement of expenses (alt) (Entered: 12/02/2002)

12/02/2002 96 Memorandum by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade in support of [95-1] motion for final approval of settlement (alt) (Entered: 12/02/2002)

12/02/2002 97 Memorandum by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade in support of [95-2] motion for final approval of allocation of settlement proceeds (alt) (Entered: 12/02/2002)

12/02/2002 98 Joint Declaration of Francis M. Gregorek & Edward P. Dietrich in supp of [95-1] motion for final approval of settlement, [95-2] motion for final approval of allocation of settlement proceeds, [95-3] motion for attorney fees & reimbursement of expenses (alt) (Entered: 12/02/2002)

12/02/2002 99 Motion by counsel for plas Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade for attorney fees & reimbursement of expenses (alt) (Entered: 12/02/2002)

12/02/2002 100 Appendix of plas' counsel's decls in support of counsels' [99-1] motion for attorney fees & reimbursement of expenses filed by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade . (alt) (Entered: 12/02/2002)

12/02/2002 101 Declaration of Cheryl Washington (alt) (Entered: 12/02/2002)

12/04/2002 102 Order granting [93-1] motion for leave to file overlength mem re: atty fees signed

by Judge Tena Campbell, 12/2/02 cc:atty (alt) (Entered: 12/04/2002)

12/09/2002 103 Minute entry: The court approves settlement agreement and attorney fees. The court executes orders and they are filed in court. Case is closed. granting [99-1] motion for attorney fees & reimbursement of expenses, granting [95-1] motion for final approval of settlement, granting [95-3] motion for attorney fees & reimbursement of expenses ; Judge: Tena Campbell Court Reporter: Reeve Butler Court Deputy: Theresa Brown (tb) (Entered: 12/10/2002)

12/09/2002 104 Order granting [95-2] motion for final approval of allocation of settlement proceeds signed by Judge Tena Campbell, 12/9/02 cc:atty (alt) (Entered: 12/10/2002)

12/09/2002 105 Order granting [99-1] motion for attorney fees & reimbursement of expenses (see order for details) signed by Judge Tena Campbell, 12/9/02 cc:atty (alt) (Entered: 12/10/2002)

12/09/2002 106 FINAL Judgment approving settlement stipulation and order of dismissal with prej (see order for details); signed by Tena Campbell, 12/9/02 cc: atty [EOD Date 12/10/02] (alt) (Entered: 12/10/2002)

12/09/2002 Case closed per order no. 106 (alt) (Entered: 12/10/2002)

12/11/2002 107 Notice of entry of order re: final jgm & dism w/prej filed by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade (alt) (Entered: 12/11/2002)

12/11/2002 108 Notice of entry of order re: awarding of plas' counsels' attys' fees filed by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade (alt) (Entered: 12/11/2002)

12/11/2002 109 Notice of entry of order re: approval of allocation plan filed by Mark Spiegel, Bret K. Clayton, T. Kevin Jackson, Albert Sapiano, Richard C. Young, Clayton Barton, Michael O'Brien, Robert J. Pauly, Barry Hart, Michael J. Slade (alt) (Entered: 12/11/2002)

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