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US District Court Civil Docket as of January 22, 2009 Retrieved from the court on September 18, 2012

U.S. District Court Southern District of California (San Diego)

CIVIL DOCKET FOR CASE #: 3:04-cv-01589-NLS

Cole, et al v. Wireless Facilities, et al Date Filed: 08/05/2004 Assigned to: Magistrate Judge Nita L. Stormes Date Terminated: 01/13/2009 Demand: $0 Jury Demand: Plaintiff Cause: 28:1331 Fed. Question: Securities Violation Nature of Suit: 850

Securities/Commodities Jurisdiction: Federal Question

Plaintiff

David Cole Individually and On Behalf of All Others Similarly Situated

represented by Kirk B Hulett Hulett Harper Stewart 225 Broadway Suite 1350 San Diego, CA 92101 (619)338-1133 Fax: (619)338-1139 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Stephen Anish represented by Patrice Lyn Bishop Stull Stull and Brody 9430 W Olympic Boulevard Suite 400 Beverly Hills, CA 90212 (310)209-2468 Fax: (310)209-2087 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

John Boles represented by Eric Lechtzin Schiffrin Barroway Topaz & Kessler 280 King of Prussia Road Radnor, PA 19087-3481 (484)270-1408

Fax: (610)667-7056 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Arthur Binkow Glancy Binkow and Goldberg 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 (310)201-9150 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sean M Handler Schiffrin and Barroway 280 King of Prussia Road Radnor, PA 19087-3481 (610)667-7706 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Trevan Borum Schiffrin and Barroway 280 King of Prussia Road Radnor, PA 19087-3481 (610)667-7706 TERMINATED: 11/27/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amber Lee Eck Zeldes & Haeggquist, LLP 625 Broadway Suite 906 San Diego, CA 92101 (619)342-8000 Fax: (619)342-7878 Email: [email protected] ATTORNEY TO BE NOTICED

Benjamin J. Sweet Schiffrin Barroway Topaz & Kessler, LLP 280 King of Prussia Road Randor, PA 19087 (610)667-7706 Email: [email protected] ATTORNEY TO BE NOTICED

Jennifer L. Joost Barroway Topaz Kessler Meltzer & Check, LLP 280 King of Prussia Road Randor, PA 19087 610-667-7706 Fax: 610-667-7056 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Bassam Yassine represented by Tricia L McCormick Coughlin Stoia Geller Rudman and Robbins 655 West Broadway Suite 1900 San Diego, CA 92101 (619)231-1058 Fax: (619)231-7423 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amber Lee Eck (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Mitchell Gelnick represented by Amber Lee Eck (See above for address) ATTORNEY TO BE NOTICED

Jennifer L. Joost (See above for address) ATTORNEY TO BE NOTICED

Keith F Park Coughlin Stoia Geller Rudman and Robbins 655 West Broadway Suite 1900 San Diego, CA 92101 (619)231-1058 Email: [email protected] ATTORNEY TO BE NOTICED

Naumon A. Amjed Kessler Topaz Meltzer & Check LLP

280 King of Prussia Road Radnor, PA 19087 (610)667-7706 Fax: (610)667-7056 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

NECA-IBEW Pension Fund

represented by Amber Lee Eck (See above for address) ATTORNEY TO BE NOTICED

Keith F Park (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Wireless Facilities, Inc. represented by Eric Martin Acker Morrison and Foerster 12531 High Bluff Drive San Diego, CA 92130-3014 (858)720-5100 Fax: (858)720-5125 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sean T Prosser Morrison and Foerster 12531 High Bluff Drive San Diego, CA 92130-3014 (858)720-5100 Fax: (858)720-5125 Email: [email protected] ATTORNEY TO BE NOTICED

Tyson E Marshall Morrison and Foerster 12531 High Bluff Drive San Diego, CA 92130-3014 (858)720-5100 Fax: (858)720-5125 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Masood Tayebi represented by Eric Martin Acker (See above for address) TERMINATED: 08/29/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nathaniel C Klein Reed Smith 101 Second Street Suite 1800 San Francisco, CA 94105 415-659-4814 Fax: 415-391-8269 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert E Gooding , JR Morgan, Lewis & Bockius LLP 5 Park Plaza Suite 1750 Irvine, CA 92614 (949)399-7000 Fax: (949)399-7001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roman E Darmer , II JONES DAY 3161 Michelson Drive Suite 800 Irvine, CA 92612 (949) 851-3939 Fax: (949) 553-7539 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tyson E Marshall (See above for address) TERMINATED: 08/29/2007 ATTORNEY TO BE NOTICED

Defendant

Terry Ashwill represented by Eric Martin Acker

(See above for address) TERMINATED: 08/29/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gabriel Zuniga Reynoso Thomas Whitelaw & Tyler LLP 3 Embarcadero Center Suite 1350 San Francisco, CA 94111 415-820-0400 Fax: 415-820-0405 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

James N Kramer Orrick Herrington & Sutcliffe LLP 405 Howard Street The Orrick Building San Francisco, CA 94105-2669 (415)773-5700 Fax: (415)773-5759 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shirley Chang Orrick Herrington Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 (415)773-5826 Fax: (415)773-5759 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Defendant

Daniel Stokely represented by Eric Martin Acker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sean T Prosser

(See above for address) ATTORNEY TO BE NOTICED

Tyson E Marshall (See above for address) ATTORNEY TO BE NOTICED

Defendant

Eric Demarco represented by Eric Martin Acker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sean T Prosser (See above for address) ATTORNEY TO BE NOTICED

Tyson E Marshall (See above for address) ATTORNEY TO BE NOTICED

Defendant

Thomas Munro represented by Eric Martin Acker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Massih Tayebi

represented by Eric Martin Acker (See above for address) TERMINATED: 08/29/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nathaniel C Klein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert E Gooding , JR (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roman E Darmer , II (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED


represented by William S Lerach Coughlin Stoia Geller Rudman and Robbins 655 West Broadway Suite 1900 San Diego, CA 92101 (619)231-1058 Fax: (619)231-7423 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Daniel J Mogin The Mogin Law Firm 110 Juniper St

Plaintiff

Brian Philipson, .

Plaintiff

Kenneth Guard

San Diego, CA 92101-5305 (619)687-6611 Fax: (619)687-6610 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

F Richard Manson represented by Jeff S Westerman Milberg LLP 300 South Grand Avenue Suite 3900 Los Angeles, CA 90071 (213) 617-1200 Fax: (213) 617-1975 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Emanuel Salamon represented by Blake M Harper Hulett Harper Stewart LLP

225 Broadway Suite 1350 San Diego, CA 92101 (619)338-1133 Fax: (619)338-1139 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert C Finkel Wolf Popper 845 Third Avenue Suite 1200 New York, NY 10022 (212)759-4600 Fax: (212)486-2093 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Patrice Lyn Bishop (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Peter Arthur Binkow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Peter Arthur Binkow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

John F Hodgson

Plaintiff

Martin G Norris

Plaintiff

Wayne E Miller

Plaintiff

Raj M Shah represented by Lionel Z Glancy Glancy Binkow and Goldberg 1925 Century Park East Suite 2100 Los Angeles, CA 90067 (310)201-9150 Fax: (310)201-9160

Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

KPMG LLP TERMINATED: 06/05/2007

represented by Eric R Maier Maier Shoch LLP 633 W Fifth Street Suite 5880 Los Angeles, CA 90071-2086 (213)229489-4778 Fax: (213)489-4798 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/05/2004 1

08/05/2004 2

Complaint Filed; (referred to Magistrate Judge Nita L. Stormes ) Receipt No/Amt of Fee: 106025,$150.00 t/w Jury Demand (gep) (Entered: 08/09/2004)

Summons issued as to defendant Wireless Facilities, defendant Masood Tayebi, defendant Terry Ashwill, defendant Daniel Stokely, defendant Eric Demarco, defendant Thomas Munro (gep) (Entered: 08/09/2004)

08/20/2004 3 Notice by defendant of related case(s); 04CV1589-JAH(NLS); 04CV1604- JAH(NLS); 04CV1615-JM(AJB); 04CV1632-BTM(JFS); 04CV1663-L(POR); 04CV1675-BTM(AJB) (jpp) (Entered: 08/25/2004)

08/24/2004 4 Notice by defendant of related case(s) 04CV1683-DMS(JFS); 04CV1692-J(NLS) (jpp) (Entered: 08/25/2004)

08/31/2004 5 Stipulation and Order by Judge John A. Houston: Case consolidated 3:04-cv-1589 with member cases 3:04-cv-1604, 3:04-cv-1615, 3:04-cv-1632, 3:04-cv-1675, 3:04- cv-1683, 3:04-cv-1692; adding New Parties plaintiff Brian Philipson , Kenneth Guard, F Richard Manson, Emanuel Salamon, John F Hodgson, Martin G Norris ; defendants shall respond to the consolidated complaint with 45 days of its filing; if defendants file any motion directed in the consolidated complaint, the opposition brief shall be filed within 45 days of the filing of such motion, and the reply brief shall be filed 30 days after filing of the opposition brief unless otherwise agreed upon by the parties or ordered by the Court the hearing shall be set at least 2 weeks after the filing of defendants' reply; ALL FURTHER DOCKETING WILL BE DONE IN THE LEAD CASE; transfer letter prepared (jpp) Modified on 09/08/2004 (Entered: 09/02/2004)

09/10/2004 6 Stipulation and Order Consolidating Action by Judge John A. Houston: Case consolidated 3:04-cv-1589 with member case 3:04-cv-1742 ; ALL FURTHER

I DOCKETING SHALL BE DONE IN LEAD CASE 04cv1589-JAH(NLS) (judge -

09/28/2004 7

09/28/2004 8

transfer ltr prepared) (dkt clerk) (Entered: 09/14/2004)

Waiver of service of summons by defendant Terry Ashwill in 3:04-cv-01589 on 8/26/04 (jpp) (Entered: 09/30/2004)

Waiver of service of summons by defendant Thomas Munro in 3:04-cv-01589 on 8/26/04 (jpp) (Entered: 09/30/2004)

09/28/2004 9 Waiver of service of summons by defendant Daniel Stokely in 3:04-cv-01589 on 8/26/04 (jpp) (Entered: 09/30/2004)

09/28/2004 10 Return of Service of summons and complaint executed upon defendant Eric Demarco in 3:04-cv-01589 on 8/23/04 (jpp) (Entered: 09/30/2004)

09/28/2004 11 Return of Service of summons and complaint executed upon defendant Masood Tayebi in 3:04-cv-01589 on 8/20/04 (jpp) (Entered: 09/30/2004)

09/28/2004 12 Return of Service of summons and complaint executed upon defendant Wireless Facilities in 3:04-cv-01589 on 8/18/04 (jpp) (Entered: 09/30/2004)

10/04/2004 15 Declaration of Patrice L. Bishop re motion [13-1] [motion(s) referred to Judge John A. Houston]; motion hrg set for 12/2/04 at 3:00pm (jpp) (Entered: 10/05/2004)

10/04/2004 16 Proof of service by plaintiffs John Hodgson and Stephen Anish in 3:04-cv-01589 of: Notice of Motion and Motion; memo of points and authorities in support of motion; declaration of Patrice L. Bishop; proposed order granting motion of the Hogson plaintiffs for appoinment of lead plaintiffs and lead counsel (jpp) (Entered: 10/05/2004)

10/04/2004 17 Notice of Motion and Motion by plaintiff F Richard Manson in 3:04-cv-01589; to appoint the Laborers' group as lead plaintiff and to approve lead plaintiff's choice of lead counsel; [motion(s) referred to Judge John A. Houston] motion hrg set for 12/2/04 at 3:00pm (jpp) (Entered: 10/05/2004)

10/04/2004 18 Memorandum of law by plaintiff F Richard Manson in 3:04-cv-01589 in support of motion to appoint the Laborers' group as lead plaintiff and to approve lead plaintiff's choice of lead counsel; [17-1] (jpp) (Entered: 10/05/2004)

10/04/2004 13 Notice of Motion and Motion by plaintiffs John F Hodgson and Stephen Anish in 3:04-cv-01589; for appointment of lead plaintiffs and lead counsel pursuant to section 21D of the Securities and Exchange Act of 1934; [motion(s) referred to Judge John A. Houston]; motion hrg set for 12/2/04 at 3:00pm (jpp) (Entered: 10/05/2004)

10/04/2004 14 Memorandum of points and authorities by plaintiffs John F Hodgson and Stephen Anish in 3:04-cv-01589 in support of motion for appointment of lead plaintiffs and lead counsel pursuant to section 21D of the Securities and Exchange Act of 1934; [13- 1] (jpp) (Entered: 10/05/2004)

10/04/2004 19 Declaration of Jeff S. Westerman re motion to appoint the Laborers' group as lead plaintiff and to approve lead plaintiff's choice of lead counsel; [17-1] (jpp) (Entered: 10/05/2004)

10/04/2004 20 Notice of Motion and Motion by plaintiff Kenneth Guard in 3:04-cv-01589; to appoint lead plaintiffs and lead counsel ; [motion(s) referred to Judge John A. Houston] (jpp) (Entered: 10/05/2004)

10/04/2004 21 Memorandum of points and authorities by plaintiff Kenneth Guard in 3:04-cv-01589 in support of motion to appoint lead plaintiffs and lead counsel [20-1] (jpp) (Entered: 10/05/2004)

10/04/2004 22

10/04/2004 23

Declaration of Daniel J. Mogin re motion to appoint lead plaintiffs and lead counsel [20-1] (jpp) (Entered: 10/05/2004)

Proof of service by plaintiff Kenneth Guard in 3:04-cv-01589 of: Notice of Motion and Motion to appoint lead plaintiffs and lead counsel; memo of points and authories in support of motion; declaration of Daniel J. Morgan; proposed order (jpp) (Entered: 10/05/2004)

10/04/2004 24 Notice of Motion and Motion by plaintiff Brian Philipson in 3:04-cv-01589; to appoint the Bassam Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934; [motion(s) referred to Judge John A. Houston ] motion hrg set for 12/2/04 at 3:00pm (jpp) (Entered: 10/05/2004)

10/04/2004 25 Memorandum of points and authorities by plaintiff Brian Philipson in 3:04-cv-01589 in support of motion to appoint the Bassam Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934; [24-1] (jpp) (Entered: 10/05/2004)

10/04/2004 26 Declaration of Tricia L. McCormick re motion to appoint the Bassam Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934; [24-1] (jpp) (Entered: 10/05/2004)

10/04/2004 27 Notice of Motion and Motion by plaintiff David Cole in 3:04-cv-01589; to appoint the Boles Group as lead plaintiff and for appointment of lead counsel; [ motion(s) referred to Judge John A. Houston ] motion hrg set for 12/2/04 at 3:00pm (jpp) (Entered: 10/05/2004)

10/04/2004 28 Memorandum of points and authorities by plaintiff David Cole in 3:04-cv-01589 in support of motion to appoint the Boles Group as lead plaintiff and for appointment of lead counsel; [27-1] (jpp) (Entered: 10/05/2004)

10/04/2004 29 Declaration of Kirk B. Hulett re motion to appoint the Boles Group as lead plaintiff and for appointment of lead counsel; [27-1] (jpp) (Entered: 10/05/2004)

10/07/2004 30 DISCREPANCY ORDER by Judge John A. Houston accepting document: motion for appointment as lead plaintiff and approval of selection of lead counsel from plaintiff Martin G Norris in 3:04-cv-01589, non-compliance with local rule 7.1.f, document is to be filed nunc pro tunc to the date received (jpp) Modified on 10/07/2004 (Entered: 10/07/2004)

10/07/2004 31 Notice of Motion and Motion by plaintiff Martin G Norris in 3:04-cv-01589; for appointment as lead plaintiff and approval of selection of lead counsel; [motion(s) referred to Judge John A. Houston]; motion hrg set for 12/2/04 at 3:00pm; NUNC PRO TUNC 10/05/04 (jpp) Modified on 10/07/2004 (Entered: 10/07/2004)

10/07/2004 32 Brief Filed by plaintiff Martin G Norris in 3:04-cv-01589 regarding motion for appointment as lead plaintiff and approval of selection of lead counsel; [31-1]; NUNC PRO TUNC 10/05/04 (jpp) Modified on 10/07/2004 (Entered: 10/07/2004)

10/07/2004 33 Declaration of Shelley Thompson re motion for appointment as lead plaintiff and approval of selection of lead counsel; [31-1]; NUNC PRO TUNC 10/05/04 (jpp) Modified on 10/07/2004 (Entered: 10/07/2004)

10/08/2004 34 Amended Motion submitted by plaintiff Kenneth Guard in 3:04-cv-01589; to appoint lead plaintiff and lead counsel ; [motion(s) referred to Judge John A. Houston]; motion hrg set for 12/2/04 at 3:00 (jpp) (Entered: 10/12/2004)

10/14/2004 35 Order by Judge John A. Houston; Case consolidated 3:04-cv-1589 with member cases 3:04-cv-1786; New Parties plaintiff Wayne E Miller to case(s) 3:04-cv-01589 ; ALL FUTURE DOCKETING WILL BE DONE IN THE LEAD CASE; transfer letter prepared (jpp) (Entered: 10/20/2004)

10/14/2004 36 Order by Judge John A. Houston; Case consolidated 3:04-cv-1589 with member cases 3:04-cv-1943 New Parties plaintiff Raj M Shah to case(s) 3:04-cv-01589 ; ALL FUTURE DOCKETING WILL BE DONE IN THE LEAD CASE; transfer letter prepared (jpp) (Entered: 10/20/2004)

11/04/2004 37 Waiver of service of summons by defendant Terry Ashwill in 3:04-cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Thomas Munro in 3:04-cv-01589 on 8/24/04 (jpp) (Entered: 11/12/2004)

11/04/2004 38 Return of Service executed upon defendant Wireless Facilities in 3:04-cv-01589 on 8/9/04 (jpp) (Entered: 11/12/2004)

11/04/2004 39 Return of Service executed upon defendant Eric Demarco in 3:04-cv-01589 on 8/20/04 (jpp) (Entered: 11/12/2004)

11/04/2004

40 Return of Service executed upon defendant Masood Tayebi in 3:04-cv-01589 on 8/20/04 (jpp) (Entered: 11/12/2004)

11/12/2004

41 Notice of Withdrawal of Motion by plaintiff Kenneth Guard in 3:04-cv-01589 to appoint lead plaintiffs and lead counsel (jpp) (Entered: 11/15/2004)

11/15/2004

11/17/2004

11/18/2004

42 Opposition by plaintiff John F Hodgson in 3:04-cv-01589 to motions: for appointment as lead plaintiff and approval of selection of lead counsel [31-1]; motion to appoint the Boles Group as lead plaintiff and for appointment of lead counsel [27-1]; motion to appoint the Bassam Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 [24-1]; motion to appoint the Laborers' group as lead plaintiff and to approve lead plaintiff's choice of lead counsel [17-1] (jpp) (Entered: 11/16/2004)

43 Notice by plaintiff John F Hodgson in 3:04-cv-01589 of withdrawal of motion for appointment of lead plaintiff and lead counsel [13-1] (jpp) (Entered: 11/18/2004)

44 Opposition by plaintiff Brian Philipson in 3:04-cv-01589 to motion for appointment as lead plaintiff and approval of selection of lead counsel [31-1], motion to appoint the Boles Group as lead plaintiff and for appointment of lead counsel [27-1], motion to appoint the Bassam Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 [24-1], motion to appoint the Laborers' group as lead plaintiff and to approve lead plaintiff's

- choice of lead counsel [17-1] (dkt clerk) (Entered: 11/19/2004)

11/18/2004 45 Joint declaration of The Bassam Yassine Group by plaintiff Brian Philipson in 3:04-

cv-01589 (dkt clerk) (Entered: 11/19/2004)

11/18/2004

11/18/2004

46 Declaration of Tricia L. McCormick by plaintiff Brian Philipson in 3:04-cv-01589 in support of opposition [44-1] (dkt clerk) (Entered: 11/19/2004)

47 Response by defendants Wireles Facilities, Inc; Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco and Thomas Munro in 3:04-cv-01589 to motions for appointment as lead plaintiff and approval of selection of lead counsel; [31-1], motion to appoint the Boles Group as lead plaintiff and for appointment of lead counsel; [27- 1], motion to appoint the Bassam Group as lead and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934; [24- 1], motion to appoint the Laborers' group as lead plaintiff and to approve lead plaintiff's choice of lead counsel; [17-1] (jpp) (Entered: 11/23/2004)

11/18/2004 48 Proof of service by defendants: Wireless Facilities Inc., , Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco, Thomas Munro of Response to motions for lead plaintiff and appointment of lead counsel; and response to plaintiffs motion and cross-motion to consolidate all related sharehoulder derivative actions and appoint a leadership structure for plaintiffs (jpp) (Entered: 11/23/2004)

11/18/2004 49 Opposition by plaintiff David Cole in 3:04-cv-01589 to motion for appointment as lead plaintiff and approval of selection of lead counsel; [31-1], motion to appoint the Bassam Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934; [24-1], motion to appoint the Laborers' group as lead plaintiff and to approve lead plaintiff's choice of lead counsel; [17-1] (jpp) (Entered: 11/23/2004)

11/18/2004 50 Declaration of Kirk B. Hullett in 3:04-cv-01589 re motion response [49-1] (jpp) (Entered: 11/23/2004)

11/22/2004 51 Notice by plaintiff F Richard Manson in 3:04-cv-01589 of withdrawal of motion to appoint the Laborers' Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel (jpp) (Entered: 11/23/2004)

11/30/2004 52 Order by Judge John A. Houston denying as moot motion to appoint the Boles Group as lead plaintiff and for appointment of lead counsel [27-1], denying as moot motion to appoint the Bassam Group as lead plaintiff and to approve lead plaintiff's choice of lead counsel pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934 [24-1]; the 12/03/04 hrg date set for these motions is vacated. (dkt clerk) (Entered: 11/30/2004)

11/30/2004 53 Stipulation and Order by Judge John A. Houston : appointing John Boles and Bassam Yassine as co-lead plaintiffs and appointing co-lead counsel (bar) (Entered: 11/30/2004)

01/04/2005 54 Pro Hac Vice approved on behalf of plaintiff John Boles in 3:04-cv-01589 for Trevan Borum (dkt clerk) (Entered: 01/06/2005)

01/31/2005 55 Notice by counsel for plaintiff John Boles in 3:04-cv-01589 of change of address (dkt clerk) (Entered: 02/01/2005)

01/31/2005 56 Consolidated Class Action Complaint by Co-Lead Plaintiffs John Boles and Bassam Yassine, adding Defendant KPMG LLP (jpp) Modified on 02/07/2005 (Entered: 02/07/2005)

01/31/2005 57 First Amended Summons issued (jpp) (Entered: 02/07/2005)

02/24/2005 58 Return of Service of 1st amended summons and cmp executed upon defendant KPMG LLP in 3:04-cv-01589 on 2/4/05 (dkt clerk) (Entered: 02/24/2005)

03/17/2005 59 Notice of Motion and Motion by defendants: Masood Tayebi , Terry Ashwill, Daniel Stokely, Eric Demarco and Thomas Munro in 3:04-cv-01589; to dismiss Consolidated Class Action Complaint ; [motion(s) referred to Judge John A. Houston]; motion hrg set for 06/16/05 at 3:00pm (jpp) (Entered: 03/18/2005)

03/17/2005 60 Memorandum of points and authorities by defendants in 3:04-cv-01589 in support of motion to dismiss Consolidated Class Action Complaint [59-1] (jpp) (Entered: 03/18/2005)

03/17/2005 61 Request for Judicial Notice by defendants: Masood Tayebi , Terry Ashwill, Daniel Stokely, Eric Demarco and Thomas Munro in 3:04-cv-01589, re motion to dismiss Consolidated Class Action Complaint [59-1] (jpp) (Entered: 03/18/2005)

03/17/2005 62 Declaration of Dorothy L. Fernandez in 3:04-cv-01589 re motion to dismiss Consolidated Class Action Complaint [59-1] (jpp) (Entered: 03/18/2005)

03/17/2005 63 Declaration of Melanie Hagan re motion to dismiss Consolidated Class Action Complaint [59-1] (jpp) (Entered: 03/18/2005)

03/17/2005 64 Proof of service of: Defendants' Notice of Motion and Motion to Dismiss Consolidated Class Action Complaint; Memo of p/a in support of motion; Declaration of Dorothy L. Fernandez; Declaration of Melanie HAgan; Request for Judicial Notice; proposed order granting Defendants' Motion to Dismiss Consolidated Class Action Complaint (jpp) (Entered: 03/18/2005)

03/21/2005 65 Notice of Motion and Motion by defendant KPMG LLP in 3:04-cv-01589; to dismiss Consolidated Class Action Comp ; [motion(s) referred to Judge John A. Houston]; motion hrg set for 06/16/05 at 3:00pm (jpp) (Entered: 03/22/2005)

03/21/2005 66 Memorandum of points and authorities by defendant KPMG LLP in 3:04-cv-01589 in support of motion to dismiss Consolidated Class Action Comp [65-1] (jpp) (Entered: 03/22/2005)

03/21/2005 67 Declaration of Eric R. Maier re motion to dismiss Consolidated Class Action Comp [65-1] (jpp) (Entered: 03/22/2005)

03/21/2005

68 Proof of service by defendant KPMG LLP in 3:04-cv-01589 of: Motion to dismiss Consolidated Class Action Complaint; Memo of Points and Authorities re motion to dismiss; Declaration of Eric R. Maier (jpp) (Entered: 03/22/2005)

04/05/2005 69 Stipulation and Order by Judge John A. Houston granting Plaintiffs leave to file a First Amended Consolidated Complaint; Co-Lead Plaintiffs need not respond to the motion to dismiss filed by defendants on 03/17/05 and motion to dismiss filed on 03/21/05; Defendants Wireless, Masood K. Tayebi, Massih Tayebi, Terry M. Ashwill, Daniel Stokely, Eric Demarco, Thomas A. Munro and KPMG shall file their motions to dismiss the First Amended Consolidated Class Action Complaint no later than 04/14/05; Co-Lead Plantiffs shall file their opposition to the motions to dimiss by 05/19/05; Defendants reply briefs in support of their motions to dismiss are due by 06/30/05; hearing on the motions to dimiss the First Amended Consolidated Class

05/23/2005

04/05/2005

04/12/2005

Action Complaint is set for 07/14/05 (jpp) Modified on 04/06/2005 (Entered: 04/06/2005)

70 First Amended Consolidated Class Action Complaint; demand for jury trial (jpp) (Entered: 04/06/2005)

71 Notice by plaintiff Brian Philipson in 3:04-cv-01589, plaintiff Bassam Yassine in 3:04-cv-01589 of entry of Stipulation and Order dated 4/05/05 (jpp) (Entered: 04/13/2005)

04/14/2005 72 Notice of Motion and Motion by defendants: Wireless Facilities, Masood Tayebi, Massih Tayebi, Terry Ashwill Daniel Stokely, Eric Demarco and Thomas Munro; to dismiss First Amended Consolidated Complaint under FRCP 12(b)(6) ; [motion(s) referred to Judge John A. Houston] ; motion hrg set for 07/14/05 at 3:00pm (jpp)

I (Entered: 04/14/2005)

04/14/2005 73 Memorandum of points and authorities by defendants Wireless Facilities, Masood Tayebi, Massih Tayebi, Terry Ashwill Daniel Stokely, Eric Demarco and Thomas Munro in support of motion to dismiss First Amended Consolidated Complaint under FRCP 12(b)(6) [72-1] (jpp) (Entered: 04/14/2005)

04/14/2005 74 Request for Judicial Notice by Plaintiff Wireless Facilities re motion to dismiss First Amended Consolidated Complaint under FRCP 12(b)(6) [72-1] (jpp) (Entered: 04/14/2005)

04/14/2005 75 Declaration of Melanie Hagan re motion to dismiss First Amended Consolidated Complaint under FRCP 12(b)(6) [72-1] (jpp) (Entered: 04/14/2005)

04/14/2005

04/14/2005

04/14/2005

04/14/2005

76 Declaration of Dorothy L. Fernandez re motion to dismiss First Amended Consolidated Complaint under FRCP 12(b)(6) [72-1] (jpp) (Entered: 04/14/2005)

77 Notice of Motion and Motion by defendant KPMG LLP; to dismiss First Amended Consolidated Class Action Complaint under FRCP 12(b)(6) ; [motion(s) referred to Judge John A. Houston]; motion hrg set for 07/14/05 at 3:00pm (jpp) (Entered: 04/14/2005)

78 Memorandum of points and authorities by defendant KPMG LLP in support of motion to dismiss First Amended Consolidated Class Action Complaint under FRCP 12(b)(6) [77-1] (jpp) (Entered: 04/14/2005)

79 Declaration of Gareth T. Evans re motion to dismiss First Amended Consolidated Class Action Complaint under FRCP 12(b)(6) [77-1] (jpp) (Entered: 04/14/2005)

04/14/2005 80 Proof of service by defendant KPMG LLP of Motion to dismiss First Amended I Consolidated Class Action Complaint and Declaration of Gareth T. Evans in support

of motion to dismiss (jpp) (Entered: 04/14/2005)

81 Stipulation and Order by Judge John A. Houston, granting plaintiffs leave to file a secong amd consolidated class action complaint : motion to dismiss First Amended Consolidated Class Action Complaint under FRCP 12(b)(6) [77-1], and motion to dismiss First Amended Consolidated Complaint under FRCP 12(b)(6) [72-1] are withdrawn; plaintiffs are granted leave to file second amd cmp on or before 6/9/05; dft s shall file motion to dismiss second amd cmp on or before 7/14/05; plaintiffs opposition to motion to dismiss on or before 8/18/05; dfts reply to motion to dismiss

second amd cmp on or before 9/8/05; the hrg for motion to dismiss the second amd cmp set for 9/22/05 at 3:00 (bar) (Entered: 05/25/2005)

06/09/2005

82 Second Amended Consolidated Class Action Complaint [70-1]; demand for jury trial (jpp) (Entered: 06/10/2005)

07/14/2005 83 Notice of Motion and Motion by defendants: Wireless Facilities, Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco, Thomas Munro, Massih Tayebi: to dismiss Second Amended Consolidated Class Action Complaint ; [motion(s) referred to Judge John A. Houston]; motion hrg set for 09/22/05 at 3:00pm (jpp) (Entered: 07/15/2005)

07/14/2005 84 Memorandum of points and authorities by defendant Wireless Facilities in 3:04-cv- 01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04- cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04-cv-01589, defendant Thomas Munro in 3:04-cv-01589, defendant Massih Tayebi in 3:04-cv-01589 in support of motion to dismiss Second Amended Consolidated Class Action Complaint [83-1] (jpp) (Entered: 07/15/2005)

07/14/2005 85 Request for Judicial Notice by defendant Wireless Facilities in 3:04-cv-01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04-cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04- cv-01589, defendant Thomas Munro in 3:04-cv-01589, defendant Massih Tayebi in 3:04-cv-01589 motion to dismiss Second Amended Consolidated Class Action Complaint [83-1] (jpp) (Entered: 07/15/2005)

07/14/2005 86 Notice of Motion and Motion by defendant KPMG LLP in 3:04-cv-01589; to dismiss Second Amended Consolidated Class Action Complaint ; [motion(s) referred to Judge John A. Houston]; motion hrg set for 09/22/05 at 3:00pm (jpp) (Entered: 07/15/2005)

07/14/2005 87 Memorandum of points and authorities by defendant KPMG LLP in 3:04-cv-01589 in support of motion to dismiss Second Amended Consolidated Class Action Complaint [86-1] (jpp) (Entered: 07/15/2005)

07/14/2005 88 Declaration of Gareth T. Evans re motion to dismiss Second Amended Consolidated Class Action Complaint [86-1] (jpp) (Entered: 07/15/2005)

07/14/2005 89 Declaration of Tyson E. Marshall re motion to dismiss Second Amended Consolidated Class Action Complaint [86-1] (jpp) (Entered: 07/15/2005)

07/14/2005

08/18/2005

08/18/2005

90 Declaration of Dorothy L. Fernandez re motion to dismiss Second Amended - Consolidated Class Action Complaint [86-1] (jpp) (Entered: 07/15/2005)

91 Opposition by plaintiff Bassam Yassine in 3:04-cv-01589 to motion to dismiss Second Amended Consolidated Class Action Complaint [83-1] (jpp) (Entered: 08/19/2005)

92 Memorandum of points and authorities by plaintiff Bassam Yassine in 3:04-cv-01589 in support of motion response [91-1] (jpp) (Entered: 08/19/2005)

08/18/2005 93 Declaration of Tricia L. McCormick re motion response [91-1] (jpp) (Entered: 08/19/2005)

09/09/2005 94 Stipulation and Order by Judge John A. Houston; Defendants' deadline to file their reply briefs in support of their motions to dismiss the Second Amended Consolidated

09/12/2005 95

09/19/2005 96

09/28/2005 97

Class Action Complaint is extended from 09/08/05 to 09/28/05; hearing on Defendants' motions to dismiss the Second Amended Consolidated Class Action Complaint is set for 10/20/05 at 3:00pm (jpp) (Entered: 09/09/2005)

Minutes: Enter Order by Judge John A. Houston; motion of Martin G. Norris for appointment of lead counsel [doc #31] having been withdrwan, the motion is hereby denied as moot ; Court Reporter: n/a (jpp) (Entered: 09/13/2005)

Notice by plaintiff Bassam Yassine in 3:04-cv-01589 of change of address; (atty maint) (jpp) (Entered: 09/20/2005)

Reply Memorandum of Points and Authorities by defendants: Wireless Facilities , Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco, Massih Tayebi re [83- 1] (jpp) (Entered: 09/28/2005)

09/28/2005 98 Reply Memorandum of Points and Authorities by defendant KPMG LLP re [86-1] (jpp) Modified on 09/29/2005 (Entered: 09/29/2005)

10/13/2005 99

10/19/2005 100

10/19/2005 101

Order by Judge John A. Houston; hearing date of 10/20/05 for hearing defendants' motion to dismiss [docs 83, 86] is vacated; Both motions are taken under submission without oral argument (jpp) (Entered: 10/13/2005)

Pro Hac Vice approved on behalf of plaintiff John Boles in 3:04-cv-01589 for Eric Lechtzin (joeh) (Entered: 10/19/2005)

Notice by defendants: Wireless Facilities, Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco ,Thomas Munro, Massih Tayebi in 3:04-cv-01589 of change of address; (atty maint) (jpp) (Entered: 10/20/2005)

11/09/2005 102 MAIL RETURNED UNDELIVERABLE as to Attorney Tricia McCormick for Plaintiff Bassam Yassine in 3:04-cv-01589 re: pro hac vice order [100-1] (jpp) (Entered: 11/09/2005)

03/09/2006 103 Order by Judge John A. Houston granting in part/denying in part Wireless Defendants' motion to dismiss Second Amended Consolidated Class Action Complaint [83-1] and granting in its entirety KPMG LLP's motion to dismiss Second Amended Consolidated Class Action Complaint [86-1]; Second Amended Complaint is dismissed without prejudice; Lead Plaintiffs are granted leave to file a Third Amended Complaint in conformance with this Order within 45 days of the date this Order is stamped Filed (jpp) Modified on 03/14/2006 (Entered: 03/10/2006)

04/24/2006 104 Third Amended Consolidated Class Action Complaint [82-1] (jpp) (Entered: 04/25/2006)

05/02/2006 105 Stipulation and Order by Judge John A. Houston regarding response to Third Amended Consolidate Class Action Complaint; Defendants shall respond to Plaintiffs' Third Amended Complaint on or before 06/08/06 ; if Defendant moves to dismiss, Plaintiffs shall file their Opposition on or before 07/12/06; Defendants shall file their Reply on or before 08/02/06; Hearing on Defendant's motion to dismiss shall be noticed to take place on a date no less than two weeks after Defendants' Reply is filed with the Court (jpp) (Entered: 05/03/2006)

06/08/2006 106 Notice of Motion and Motion by defendant KPMG LLP in 3:04-cv-01589; to dismiss Third Amended Consolidated Class Action Complaint ; [ motion(s) referred to Judge

John A. Houston motion hrg set for 08/24/06 at 3:00pm (jpp) Modified on 06/09/2006 (Entered: 06/09/2006)

06/08/2006 107 Memorandum of points and authorities by defendant KPMG LLP in 3:04-cv-01589 in support of motion to dismiss Third Amended Complaint [106-1] (jpp) (Entered: 06/09/2006)

06/08/2006 108 Notice of Motion and Motion by defendant KPMG LLP in 3:04-cv-01589; to strike allegations from Third Amended Consolidated Class Action Complaint ; [motion(s) referred to Judge John A. Houston]; motion hrg set for 08/24/06 at 3:00pm (jpp) (Entered: 06/09/2006)

06/08/2006 109 Memorandum of points and authorities by defendant KPMG LLP in 3:04-cv-01589 in support of motion to strike allegations from Third Amended Consolidated Class Action Complaint [108-1] (jpp) (Entered: 06/09/2006)

06/08/2006 110 Declaration of Gareth T. Evans by defendant KPMG LLP in 3:04-cv-01589 re motion to dismiss Third Amended Class Action Complaint [106-1], re motion to strike allegations from Third Amended Class Action Complaint [108-1] (jpp) (Entered: 06/09/2006)

06/08/2006

06/08/2006

06/08/2006

111 Notice of Motion and Motion by defendant Wireless Facilities in 3:04-cv-01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04-cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04- cv-01589, defendant Massih Tayebi in 3:04-cv-01589; to dismiss Third Amended Consolidated Class Action Complaint ; motion(s) referred to Judge John A. Houston ] ; motion hrg set for 08/24/06 at 3:00pm (jpp) (Entered: 06/09/2006)

112 Memorandum of points and authorities by defendant Wireless Facilities in 3:04-cv-01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04- cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04-cv-01589, defendant Massih Tayebi in 3:04-cv-01589 in support of motion to dismiss Third Amended Consolidated Class Action Complaint [111-1] (jpp) (Entered: 06/09/2006) -

113 Declaration of Tyson E. Marshall by defendant Wireless Facilities in 3:04-cv-01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04-cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04- cv-01589, defendant Massih Tayebi in 3:04-cv-01589 re motion to dismiss Third Amended Consolidated Class Action Complaint [111-1] (jpp) (Entered: 06/09/2006)

06/08/2006 114 Request for Judicial Notice by defendant Wireless Facilities in 3:04-cv-01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04-cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04- cv-01589, defendant Massih Tayebi in 3:04-cv-01589 motion to dismiss Third Amended Consolidated Class Action Complaint [111-1] (jpp) (Entered: 06/09/2006)

06/08/2006

115 Proof of service by defendant Wireless Facilities in 3:04-cv-01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04-cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04-cv-01589, defendant Massih Tayebi in 3:04-cv-01589 of: motion to dismiss Third Amended Consolidated Class Action Complaint; Points and Authorities in support of motion; declaration of Tyson E. Marshall; Request for Judicial Notice in suport of motion to

dismiss; proposed order granting Wireless dfts motion to dismiss (jpp) (Entered: 06/09/2006)

07/12/2006 116 Opposition by plaintiff Brian Philipson . in 3:04-cv-01589, plaintiff John Boles in 3:04-cv-01589, plaintiff Bassam Yassine in 3:04-cv-01589 to motion to dismiss Third Amended Consolidated Class Action Complaint [106-1] (jpp) (Entered: 07/13/2006)

07/12/2006 117 Opposition by plaintiff Brian Philipson . in 3:04-cv-01589, plaintiff John Boles in 3:04-cv-01589, plaintiff Bassam Yassine in 3:04-cv-01589 to motion to dismiss Third Amended Consolidated Class Action Complaint [111-1] (jpp) (Entered: 07/13/2006)

07/12/2006 118 Memorandum of Points and Authorities in ipposition by plaintiff Brian Philipson . in 3:04-cv-01589, plaintiff John Boles in 3:04-cv-01589, plaintiff Bassam Yassine in 3:04-cv-01589 to motion to strike allegations from Third Amended Consolidated Class Action Complaint [108-1] (jpp) Modified on 07/13/2006 (Entered: 07/13/2006)

07/12/2006 119 Declaration of Eric Lechtzin by plaintiff Brian Philipson . in 3:04-cv-01589, plaintiff John Boles in 3:04-cv-01589, plaintiff Bassam Yassine in 3:04-cv-01589 re motion response [118-1] (jpp) (Entered: 07/13/2006)

08/02/2006 120 Reply by defendant KPMG LLP in 3:04-cv-01589 re [108-1] (ksr) (Entered: 08/03/2006)

08/02/2006 121 Memorandum of points and authorities by defendant Wireless Facilities in 3:04-cv- 01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04- cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04-cv-01589 in support of reply [120-1] (ksr) (Entered: 08/03/2006)

08/02/2006 122 Reply by defendant KPMG LLP in 3:04-cv-01589 re [111-1] (ksr) (Entered: 08/03/2006)

08/02/2006 123 Proof of service by defendant Wireless Facilities in 3:04-cv-01589, defendant Masood Tayebi in 3:04-cv-01589, defendant Terry Ashwill in 3:04-cv-01589, defendant Daniel Stokely in 3:04-cv-01589, defendant Eric Demarco in 3:04-cv-01589 of: doc. no. 121 (ksr) (Entered: 08/03/2006)

08/02/2006 124 Proof of service by dfts of: dft's reply p/a in support of motion to dismiss the 3rd amd consolidated class action cmp.(ksr) Modified on 08/04/2006 (Entered: 08/04/2006)

08/18/2006 125 Minutes: Enter Order by Judge John A. Houston; Hearing on defendant KPMG's motion to dismiss [doc 105] and moton to strike [doc 108] and the Wireless defendants' motion to dismiss [doc 111] set for 08/24/06 is vacated; motions are taken under submission without oral argument; parties notified by telephone; Court to issue order; Court Reporter: n/a (jpp) (Entered: 08/22/2006)

05/07/2007 126 ORDER denying in its entirety the Wireless Defendants' motion 111 to dismiss; granting Defendant KPMG, LLP's motion 106 to dismiss; denying as moot Defendant KPMG, LLP's motion 108 to strike; and granting Lead Plaintiff's leave to file a Fourth Amended Complaint within 30 days of the date this Order is filed. Signed by Judge John A. Houston on 05/07/07. (jpp, ) (Entered: 05/07/2007)

05/25/2007 127 Joint MOTION for Extension of Time to File Answer to Third Amended Consolidated Class Action Complaint by Massih Tayebi, Wireless Facilities, Inc., Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco. (Marshall, Tyson) (Entered:

05/25/2007)

05/29/2007 128 ORDER granting 127 Joint Motion for Extension of Time to Answer. Wireless Defendants answer to Third Amended Complaint due on or before 07/13/07. Signed by Judge John A. Houston on 05/29/07. (jpp, ) (Entered: 05/29/2007)

06/05/2007 129 NOTICE of Voluntary Dismissal by John Boles, Bassam Yassine (McCormick, Tricia) (Entered: 06/05/2007)

07/13/2007 130 ANSWER to Amended Complaint (Third) by Defendants Massih Tayebi, Wireless Facilities, Inc., Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco by Massih Tayebi, Wireless Facilities, Inc., Masood Tayebi, Terry Ashwill, Daniel Stokely, Eric Demarco.(Marshall, Tyson) (Entered: 07/13/2007)

07/16/2007 131 NOTICE and ORDER setting Early Neutral Evaluation set for 8/27/2007 02:00 PM in Courtroom F before Magistrate Judge Nita L. Stormes.. Signed by Judge Nita L. Stormes on 07/16/07. (jpp) (Entered: 07/17/2007)

07/24/2007 132 PRO HAC VICE APPOINTED: Jennifer L. Keeney appearing for Plaintiff John Boles (jpp) (Entered: 07/25/2007)

07/25/2007 133 PRO HAC VICE APPOINTED: Benjamin J. Sweet appearing for Plaintiff John Boles (jpp) (Entered: 07/25/2007)

08/07/2007 134 ORDER regarding Early Neutral Evaluation Conference. The lead plaintiff John Boles, is excused from attending the ENE, so long as plaintiffs' attorney have full settlement authority, and representatives for the second through seventh excess insurance carriers shall be available telephonically while the Court holds the ENE. Signed by Judge Nita L. Stormes on 08/07/07. (jpp) (Entered: 08/07/2007)

08/22/2007 135 NOTICE by Terry Ashwill SUBSTITUTION OF ATTORNEY (Kramer, James) (Entered: 08/22/2007)

08/22/2007 136 CERTIFICATE OF SERVICE by Terry Ashwill re 135 Notice (Other) SUBSTITUTION OF ATTORNEY (Kramer, James) (Entered: 08/22/2007)

08/22/2007 137 ORDER: Plaintiffs have lodged a request to excuse the personal attendance of the co-lead plaintiff, Dr. Bassam Yassine, at the Early Neutral Evaluation (ENE). His attorneys represent that they have full authority to settle on his behalf at the ENE. For good cause shown, the Court grants the request and excuses Dr. Yassine's personal attendance. Dr. Bassine, however, shall be available by telephone during the ENE. Signed by Judge Nita L. Stormes on 8/22/07. (ezp, ) (Entered: 08/22/2007)

08/27/2007 138 Minute Entry for proceedings held before Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 8/27/2007. (Plaintiff Attorneys Benjamin Sweet, Jennifer Keeney, Mike Dowd, Helen Hodges, Amber Eck).(Defendant Attorneys Nathan Klein, Gabriel Reynoso, Jordan Eth, Eric Acker, Sean Prosser). Case did not settle. Order to issue. (ecp) (Entered: 08/27/2007)

08/27/2007 140 SCHEDULING ORDER: Early Neutral Evaluation Conference held 08/27/07. Mandatory Settlement Conference set for 3/12/2008 02:00 PM in Courtroom F before Magistrate Judge Nita L. Stormes. A second Mandatory Settlement Conference is set for 10/15/2008 09:30 AM in Courtroom F before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 1/26/2009. Final Pretrial Conference set for 2/2/2009

02:30 PM in Courtroom 11 before Judge John A. Houston. Signed by Judge Nita L. Stormes on 08/27/07. (jpp) (Entered: 08/28/2007)

08/28/2007

139 NOTICE by Massih Tayebi, Masood Tayebi Substitution of Attorney (Klein, Nathaniel) (Entered: 08/28/2007)

08/29/2007 141 ORDER granting substitution of attorney. James N. Kramer, Shirley Chang and Gabriel Z. Reynoso are substituted as attorneys for defendant Terry Ashwill in place of Morrison & Foerster. Signed by Judge John A. Houston on 08/29/07. (jpp) (Entered: 08/29/2007)

08/29/2007 142 ORDER re substitution of counsel for defendants Massod and Massih Tayebi. Robert E. Gooding, Roman E. Darmer, and Nathan C. Klein are substituted as attorneys of record in place of Morrison & Foerster. Signed by Judge John A. Houston on 08/29/07. (jpp) (Entered: 08/29/2007)

09/17/2007 143 NOTICE by John Boles, Bassam Yassine Notice of Firm Name Change (Dowd, Michael) (jpp). (Entered: 09/17/2007)

09/19/2007 144 Joint MOTION to Withdraw Plaintiff John Boles as a Named Plaintiff and as Co-Lead Plaintiff and to Add Mitchell Gelnick as a Named Plaintiff by John Boles, Bassam Yassine. (Attachments: # 1 Exhibit A)(Eck, Amber) (Entered: 09/19/2007)

09/20/2007 145 ORDER pursuant to joint motion under Fed. R Civ. P. 21 to withdraw Plaintiff John Boles as a named plaintiff and as co-lead plaintiff and to add Mitchell Gelnick as named plaintiff. Signed by Judge John A. Houston on 09/20/07. (jpp) (Entered: 09/20/2007)

09/28/2007 146 MOTION to Certify Class by Bassam Yassine, Mitchell Gelnick. (Attachments: # 1 Memo of Points and Authorities # 2 Declaration of Dr. Bassam Yassine# 3 Exhibit A to Yassine Declaration# 4 Declaration of Mitchell Gelnick# 5 Exhibit A to Gelnick Declaration)(Eck, Amber) (jpp, ). (Entered: 09/28/2007)

10/12/2007 147 Joint MOTION for Protective Order Regarding Confidential Information by Bassam Yassine, Mitchell Gelnick. (Eck, Amber) (jpp, ). (Entered: 10/12/2007)

10/17/2007

148 ORDER granting 147 Joint Motion for Protective Order regarding confidential information. Signed by Judge Nita L. Stormes on 10/17/07. (jpp) (Entered: 10/17/2007)

11/07/2007 149 Joint MOTION to Intervene NECA-IBEW Pension Fund, Appoint NECA and Gelnick as Co-Lead Plaintiffs, and Withdraw Bassam Yassine as Lead Plaintiff by Bassam Yassine, Mitchell Gelnick. (Attachments: # 1 Exhibit A - NECA Certification# 2 Exhibit B - NECA Loss Chart# 3 Exhibit C - Gelnick Certification# 4 Exhibit D - Gelnick Loss Chart)(Eck, Amber) (jpp, ). (Entered: 11/07/2007)

11/08/2007 150 ORDER granting joint motion to (1) invervene NECA-IBEW Pension Fund; (2) appoint NECA-IBEW Pension Fund and Mitchell Gelnick as co-lead Plaintiff's and (3) withdraw Bassam Yassine as Plaintiff. Signed by Judge John A. Houston on 11/08/07. (jpp) (Entered: 11/08/2007)

11/14/2007 151 MOTION to Withdraw as Attorney Trevan Borum by Mitchell Gelnick. (Keeney, Jennifer) (jpp, ). (Entered: 11/14/2007)

11/16/2007 152 MOTION to Certify Class by NECA-IBEW Pension Fund, Mitchell Gelnick. (Attachments: # 1 Memo of Points and Authorities # 2 Declaration of Mitchell Gelnick# 3 Exhibit A to Gelnick Declaration# 4 Declaration of Robert L. Williams# 5 Exhibit A to Williams Declaration)(Eck, Amber) (jpp, ). (Entered: 11/16/2007)

11/27/2007 153 ORDER granting 151 Motion to Withdraw as Attorney. Signed by Judge John A. Houston on 11/26/07. (jpp) (Entered: 11/27/2007)

12/06/2007 154

12/07/2007 155

NOTICE of Change of Address by Nathaniel C Klein (Klein, Nathaniel) (jpp, ). (Entered: 12/06/2007)

Joint MOTION for Discovery Regarding Expert Witness Discovery by Wireless Facilities, Inc., Daniel Stokely, Eric Demarco. (Marshall, Tyson) (jpp, ). (Entered: 12/07/2007)

12/07/2007 156 ORDER granting 155 Joint Motion regarding expert witness discovery. Signed by Judge Nita L. Stormes on 12/07/07. (jpp) (Entered: 12/07/2007)

01/22/2008 157 Joint MOTION for Discovery Modifying Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings by Wireless Facilities, Inc., Daniel Stokely, Eric Demarco. (Marshall, Tyson) (jpp, ). (Entered: 01/22/2008)

01/22/2008

03/31/2008

04/02/2008

158 First Amended SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Joint motion to modify Scheduling Order is granted. Hearing on Plaintiff's 152 motion for Class Certification is vacated and reset for 06/30/08 at 2:30pm in Courtroom 11 before Judge John A. Houston. Defendants opposition due by 04/01/08. Defendants reply due by 05/30/08. Mandatory Settlement Conference set for 05/13/08 at 2:00pm, the second Mandatory Settlement Conference set for 12/11/08 at 2:00pm in Courtroom F before Judge Nita L. Stormes. Proposed Final Pretrial Order due by 03/27/09. Final Pretrial Conference is set for 04/06/09 at 2:30pm in Courtroom 11 before Judge John A. Houston. Signed by Judge Nita L. Stormes on 01/22/08. (jpp) (Entered: 01/23/2008)

159 Joint MOTION to Stay Proceedings by Wireless Facilities, Inc., Daniel Stokely, Eric Demarco. (Marshall, Tyson) (jpp, ). (Entered: 03/31/2008)

160 ORDER granting 159 Joint motion to stay proceedings and vacating pending pretrial and hearing dates. Plaintiff's Motion 152 for class certification set for hearing before this Court on 06/30/08 is withdrawn without prejudice. Pretrial Conference set for 04/06/09 is vacated. Signed by Judge John A. Houston on 04/01/08. (jpp) (Entered: 04/02/2008)

04/04/2008 161

ORDER. Telephonic Status Conference set for 4/25/2008 10:30 AM in Courtroom F before Magistrate Judge Nita L. Stormes. Mandatory Settlement Conference on 5/13/2008 and 12/11/2008 are vacated. Signed by Magistrate Judge Nita L. Stormes on 4/4/2008. (jah) (Entered: 04/04/2008)

04/25/2008

162 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes:Status Conference re settlement held on 4/25/2008. (Plaintiff Attorneys Mike Dowd, Benjamin Sweet, Greg Castaldo).(Defendant Attorneys Sean Prosser, Tyson Marshall, Gabriel Reynoso, Nathan Klein). A second telephonic Status Conference is SET for 5/9/2008 at 10:00 AM before Magistrate Judge Nita L. Stormes. Plaintiff's counsel shall arrange the call.(ecp) (Entered: 04/25/2008)

05/09/2008 163 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: A telephonic Status Conference was held on May 9, 2008. An order following the conference shall issue forthwith. (Plaintiff Attorneys Amber Eck, Michael Dowd, and Gregory Castaldo). (Defense Attorneys Tyson Marshall, Dorothy Fernandez, Nathaniel Kline, and Shirley Chang). (amk) (Entered: 05/09/2008)

05/09/2008 164 ORDER Setting 5/16/08 Status Hearing: A telephonic Status conference was held on 5/9/08. A Status Hearing will be held on 5/16/2008 at 10:00 AM in Courtroom F before Magistrate Judge Nita L. Stormes.Signed by Magistrate Judge Nita L. Stormes on 05/09/08. (mkz) (Entered: 05/09/2008)

05/13/2008 165 ORDER Clarifying Order Setting 5/16/08 Status Hearing 164 : The order requiring the personal appearance of representatives of Defendants who object to the escrow procedures in the proposed settlement agreement shall apply to ANY Defendant who objects to ANY provision in the proposed settlement agreement. The representative of any Defendant objecting to any provision in the proposed settlement agreement must appear in person on May 16, 2008 at 10:00 a.m. and explain the nature of the objection. The Court will not allow any telephonic appearances. IT IS SO ORDERED. Signed by Magistrate Judge Nita L. Stormes on 5/13/08. (ecp) (Entered: 05/13/2008)

05/19/2008 166 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes:Status Conference re Settlement held on 5/16/2008. Attorneys Mike Dowd, Keith Park and Amber Eck appeared for Plaintiffs. Attorneys Nathan Klein, Gabriel Reynoso, Tyson Marshall, Sean Prosser, Siobhan Cullen and Gilbert Jensen appeared for Defendants. Case did not settle. Scheduling order to issue. (ecp) (Entered: 05/19/2008)

05/19/2008 167 Order Requiring Parties to File a Joint Motion to Lift the Stay on Proceedings; Second Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings: The parties shall file a joint motion to lift the stay by 5/23/08. Plaintiffs must refile their Motion for Class Certification by 5/29/08. Defendants' opposition is due 7/3/08 and Plaintiffs reply is due 8/29/08. The hearing on class certification is set for 9/29/08 at 02:30 PM in Courtroom 11 before Judge John A. Houston. A Mandatory Settlement Conference is set for 7/24/2008 at 02:00 PM in Courtroom F before Magistrate Judge Nita L. Stormes. A second Mandatory Settlement Conference is set for 4/1/2009 at 09:30 AM in Courtroom F before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 7/20/2009.The Final Pretrial Conference is set for 7/27/2009 at 02:30 PM in Courtroom 11 before Judge John A. Houston. Signed by Magistrate Judge Nita L. Stormes on 05/19/08.(mkz) (Entered: 05/20/2008)

05/22/2008 168 Joint MOTION to Lift the Stay of Proceedings by Mitchell Gelnick, NECA-IBEW Pension Fund. (Eck, Amber) (jpp). (Entered: 05/22/2008)

05/27/2008 169 ORDER granting 168 Joint Motion to lift the Stay of proceedings. Signed by Judge John A. Houston on 05/22/08. (jpp) (Entered: 05/27/2008)

05/29/2008 170 MOTION to Certify Class Lead Plaintiffs' Renewed Motion for Class Certification by Mitchell Gelnick, NECA-IBEW Pension Fund. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Mitchell Gelnick, # 3 Exhibit A to the Declaration of Mitchell Gelnick, # 4 Declaration of Robert L. Williams, # 5 Exhibit A to the Declaration of Robert L. Williams)(Eck, Amber) (jpp). (Entered: 05/29/2008)

06/06/2008 171 PRO HAC VICE APPOINTED: Naumon A. Amjed appearing for Plaintiff Mitchell

I Gelnick (mkz) (Entered: 06/06/2008)

06/26/2008 172 Joint MOTION to Stay Proceedings by Wireless Facilities, Inc., Daniel Stokely, Eric Demarco. (Prosser, Sean) (jpp). (Entered: 06/26/2008)

06/26/2008 173 Joint MOTION for Discovery to Vacate Second Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings by Wireless Facilities, Inc., Daniel Stokely, Eric Demarco. (Prosser, Sean)(jpp). (Entered: 06/26/2008)

06/26/2008 174 ORDER granting 172 Joint motion to stay proceedings. Plaintiff's motion 170 for class certification is withdrawn without prejudice and the motion hearing date of 09/29/08 is vacated.Signed by John A. Houston on 06/26/08. (All non-registered users served via U.S. Mail Service).(jpp) (Entered: 06/26/2008)

06/27/2008 175 ORDER granting 173 Joint MOTION to vacated second amended scheduling order regulating discovery and other pre-trial proceedings and setting filing deadline for motion for preliminary approval of class settlement.. Signed by Magistrate Judge Nita L. Stormes on 06/27/08. (All non-registered users served via U.S. Mail Service).(jpp) (Entered: 06/27/2008)

07/25/2008 176

NOTICE by Mitchell Gelnick, NECA-IBEW Pension Fund Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference (Park, Keith)(jpp). (Entered: 07/25/2008)

07/25/2008 177 Joint MOTION for Extension of Time to File a Joint Motion for Preliminary Approval of Settlement by Mitchell Gelnick, NECA-IBEW Pension Fund. (Park, Keith) (jpp). (Entered: 07/25/2008)

07/25/2008 178 ORDER GRANTING 177 Motion for Extension of Time to File. Pursuant to the parties' joint motion for extension of time to file a joint motion for preliminary approval of settlement, and for good cause shown, the Court GRANTS the joint motion. Instead of one week, the Court grants a two-week extension, and ORDERS the parties to file a joint motion for preliminary approval of the class action settlement by August 8, 2008. The joint motion shall include a proposed schedule for issuing the notice of class action settlement and for the final fairness hearing. Assuming the order referring this case to Judge Stormes has been filed, the parties shall call Judge Stormes' chambers before filing the motion to obtain a hearing date. IT IS SO ORDERED. Signed by Hon. Nita L. Stormes on 7/25/08. (ecp) (Entered: 07/25/2008)

08/04/2008 179 CONSENT to Exercise of Jurisdiction by US Magistrate Judge and Order of Reference. Signed by Judge John A. Houston on 08/04/08. (All non-registered users served via U.S. Mail Service).(jpp) (Entered: 08/05/2008)

08/08/2008 180 Joint MOTION for Settlement for Preliminary Approval of Settlement by Mitchell Gelnick, NECA-IBEW Pension Fund. (Attachments: # 1 Memo of Points and Authorities in Support of Joint Motion for Preliminary Approval of Settlement, # 2 Stipulation of Settlement, # 3 Proof of Service)(Park, Keith) (jpp). (Entered: 08/08/2008)

08/26/2008 181 ORDER Regarding Hearing on Joint MOTION for Preliminary Approval of Settlement: The court finds the joint motion suitable for decision without oral argument pursuant to Local Civil Rule 7.1(d)(1). The hearing for this motion is taken off-calendar and this matter is taken under submission. ***The parties are reminded that they must file a joint motion to lift the stay in this case. (ecp) (Entered: 08/26/2008)

09/03/2008 183 ORDER granting 180 Motion for Settlement; granting 182 Motion for order lifting the stay of proceedings Signed by Magistrate Judge Nita L. Stormes on 9/3/08. (av1) (Entered: 09/05/2008)

09/04/2008 182 Joint MOTION for Order Lifting the Stay of Proceedings by Mitchell Gelnick, NECA-IBEW Pension Fund. (Attachments: # 1 Proof of Service)(Park, Keith) (Entered: 09/04/2008)

09/24/2008 184 Minute EntryThe hearing on class certification set for 9/29/08 before Judge Houston isvacated.(Court Reporter n/a).(lwm) (Entered: 09/24/2008)

10/07/2008 185 MOTION for Attorney Fees and Expenses and Expenses to Lead Plaintiff, MOTION for Settlement and Plan of Allocation of Settlement Proceeds by Mitchell Gelnick, NECA-IBEW Pension Fund. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds, # 2 Memo of Points and Authorities in Support of Plaintiffs' Lead Counsel's Application for an Award of Attorneys' Fees and Expenses and Expenses to Lead Plaintiff, # 3 Declaration Joint Declaration of Gregory M. Castaldo and Michael J. Dowd, # 4 Declaration of Mitchell Gelnick, # 5 Declaration of Bjorn I. Steinholt, CFA, # 6 Declaration of Carole K. Sylvester of Gilardi & Co. LLC, # 7 Declaration of Keith F. Park Filed on Behalf of Coughlin Stoia Geller Rudman & Robbins LLP, # 8 Declaration of David Kessler Filed on Behalf of Schiffrin Barroway Topaz & Kessler, LLP, # 9 Appendix in Support of Plaintiffs' Lead Counsel's Application for an Award of Attorneys' Fees and Expenses and Expenses to Lead Plaintiff, # 10 Proof of Service)(Park, Keith) (Entered: 10/07/2008)

11/17/2008 186 RESPONSE in Support re 185 MOTION for Attorney Fees and Expenses and Expenses to Lead Plaintiff MOTION for Settlement and Plan of Allocation of Settlement Proceeds Lead Plaintiffs' Supplemental Memorandum filed by Mitchell Gelnick, NECA-IBEW Pension Fund. (Attachments: # 1 Declaration of Carole K. Sylvester of Gilardi & Co. LLC, # 2 Proof of Service)(Park, Keith) (Entered: 11/17/2008)

11/19/2008 187 RESPONSE in Support re 185 MOTION for Attorney Fees and Expenses and Expenses to Lead Plaintiff MOTION for Settlement and Plan of Allocation of Settlement Proceeds Defendants' Memorandum of Points and Authorities in Support of Final Approval of Class Action Settlement filed by Wireless Facilities, Inc., Daniel Stokely, Eric Demarco. (Attachments: # 1 Declaration in Support of Final Approval of Settlement)(Marshall, Tyson) (Entered: 11/19/2008)

11/20/2008 188 NOTICE by Mitchell Gelnick Notice of Change of Firm Name and E-mail Address (Keeney, Jennifer) (Entered: 11/20/2008)

12/02/2008 189 NOTICE of Hearing: Status Hearing/Class Action Final Fairness Hearing set for 12/3/2008 02:30 PM in Courtroom F before Magistrate Judge Nita L. Stormes. (gep) (Entered: 12/02/2008)

12/03/2008 190 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes:A Status Hearing/Class Action Final Fairness Hearing was held on 12/3/2008. Order to follow.(aet) (Entered: 12/03/2008)

01/13/2009 191 ORDER granting 185 Motion for Attorney Fees, Costs and Expenses, granting 185 Motion for Final Approval of Class Action Settlement and Plan of Allocation, and

Directing Entry of Final Judgment and Dismissal With Prejudice. Signed by Magistrate Judge Nita L. Stormes on 1/13/09. (All non-registered users served via U.S. Mail Service).(kaj) (Entered: 01/14/2009)

01/13/2009 192 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE; the Court awards Plaintiffs' Lead Counsel attorneys' fees of 25% of the Full Settlement Amount ($3,000,000) and expenses in an aggregate amount of $385,518.87 together with the interest earned thereon for the same time period and at the same rate as that earned on the Full Settlement Amount until paid; Lead Plaintiff Mitchell Gelnick is awarded $2,000.00 in reimbursement related to his representation of the Settlement Class. Signed by Magistrate Judge Nita L. Stormes on 1/13/09. (All non-registered users served via U.S. Mail Service).(kaj) (Entered: 01/14/2009)

01/22/2009 193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/3/2008 before Judge Nita L. Stormes. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/9/2009. Redacted Transcript Deadline set for 2/19/2009. Release of Transcript Restriction set for 4/20/2009. (leh) (Entered: 01/22/2009)

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