US District Court Civil Docket as of 10/25/2004 Retrieved from the court on Friday, January 28, 2005

US District Court for the District of Nebraska

8:02cv561 Rosen v. Transaction Systems Architects et al

Date Filed: 11/27/2002

Assigned To: Chief Judge Joseph F Bataillon Referred To: Magistrate Judge Thomas D Thalken

Nature of suit: Securities (850) Cause: Securities Exchange Act

Lead Docket: None Other Docket: None

Jurisdiction: Federal Question

Class Code:

LENGTHOFTRIAL-+10, PROTECTIVEORDER, STAT-MED, TRIAL-OMAHA

Closed: No Statute: 15:78m(a)

Jury Demand: Plaintiff Demand Amount: $0

Litigants Attorneys

Nancy Rosen on Behalf of Herself and All Others Similarly Situated PLAINTIFF

J Allen Carney [COR LD NTC] Cauley, Bowman Law Firm PO Box 25438 Little Rock , AR 72221 USA (501) 312-8500 Fax: (501) 312-8505 Email: Acarney@cauleybowman.com Joseph C Byam [COR LD NTC] Byam, Hoarty Law Firm 8990 West Dodge Road Suite 317, American National Building Omaha , NE 68114 USA (402) 397-0303 Fax: (402) 397-5004 Email: Jbyam@byamhoarty.com Marc A Topaz [COR LD NTC] [Term: 05/16/2003] Schiffrin, Barroway Law Firm Three Bala Plaza East Suite 400

Bala Cynwyd , PA 19004 USA (610) 667-7706 Fax: (610) 667-7056 Email: Mtopaz@sbclasslaw.com Marcus N Bozeman [COR LD NTC] Cauley, Bowman Law Firm PO Box 25438 Little Rock , AR 72221 USA (501) 312-8500 Fax: (501) 312-8505 Email: Mbozeman@cauleybowman.com Paul J Geller [COR LD NTC] [Term: 10/06/2004] Cauley, Geller Law Firm One Boca Place 2255 Glades Road Suite 421A Boca Raton , FL 33431 USA (561) 750-3000 Fax: 750-3364 Randall K Pulliam [COR LD NTC] [Term: 06/04/2004] Cauley, Geller Law Firm -Arkansas PO Box 25438 Little Rock , AR 72221-5438 USA (501) 312-8500 Fax: (501) 312-8505 Email: Rpulliam@cauleygeller.com T Brent Walker [COR LD NTC] Cauley, Bowman Law Firm PO Box 25438 Little Rock , AR 72221 USA (501) 312-8500 Fax: (501) 312-8505 Email: Bwalker@cauleybowman.com Tiffany M Wyatt

[COR LD NTC] Cauley, Bowman Law Firm PO Box 25438 Little Rock , AR 72221 USA (501) 312-8500 Fax: (501) 312-8505 Email: Twyatt@cauleybowman.com

Genesee County Employees' Retirement System PLAINTIFF

David W Rowe [COR LD NTC] Kinsey, Ridenour Law Firm PO Box 85778 Lincoln , NE 68501-5778 USA (402) 438-1313 Fax: (402) 438-1654 Email: Drowe@krbklaw.com Emily C Komlossy [COR LD NTC] Goodkind, Labaton Law Firm -Florida 2455 East Sunrise Boulevard Suite 813 Fort Lauderdale , FL 33304 USA (954) 630-1000 Fax: (954) 565-1312 Email: Ekomlossy@glrslaw.com Jonathan M Plasse [COR LD NTC] Goodkind, Labaton Law Firm -Florida 2455 East Sunrise Boulevard Suite 813 Fort Lauderdale , FL 33304 USA (212) 907-0863 Fax: (212) 883-7063 Email: Jplasse@glrslaw.com

v.

Transaction Systems Architects Inc DEFENDANT

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201

USA (214) 978-3090 Fax: (214) 978-3099 Email: Joel.held@bakernet.com Thomas J Culhane [COR LD NTC] Erickson, Sederstrom Law Firm 10330 Regency Parkway Drive Suite 100 Omaha , NE 68114 USA (402) 397-2200 Fax: (402) 390-7137 Email: Tculh@eslaw.com

Gregory Derkacht DEFENDANT [Term: 12/15/2003]

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201 USA (214) 978-3090 Fax: (214) 978-3099 Email: Joel.held@bakernet.com Thomas J Culhane [COR LD NTC] Erickson, Sederstrom Law Firm 10330 Regency Parkway Drive Suite 100 Omaha , NE 68114 USA (402) 397-2200 Fax: (402) 390-7137 Email: Tculh@eslaw.com

Greg Duman DEFENDANT

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201 USA (214) 978-3090 Fax: (214) 978-3099 Email: Joel.held@bakernet.com

Thomas J Culhane [COR LD NTC] Erickson, Sederstrom Law Firm 10330 Regency Parkway Drive Suite 100 Omaha , NE 68114 USA (402) 397-2200 Fax: (402) 390-7137 Email: Tculh@eslaw.com

William E Fischer DEFENDANT

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201 USA (214) 978-3090 Fax: (214) 978-3099 Email: Joel.held@bakernet.com Thomas J Culhane [COR LD NTC] Erickson, Sederstrom Law Firm 10330 Regency Parkway Drive Suite 100 Omaha , NE 68114 USA (402) 397-2200 Fax: (402) 390-7137 Email: Tculh@eslaw.com

Dwight Hanson DEFENDANT

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201 USA (214) 978-3090 Fax: (214) 978-3099 Email: Joel.held@bakernet.com Thomas J Culhane [COR LD NTC] Erickson, Sederstrom Law Firm 10330 Regency Parkway Drive Suite 100

Omaha , NE 68114 USA (402) 397-2200 Fax: (402) 390-7137 Email: Tculh@eslaw.com

David Russel DEFENDANT

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201 USA (214) 978-3090 Fax: (214) 978-3099 Email: Joel.held@bakernet.com Thomas J Culhane [COR LD NTC] Erickson, Sederstrom Law Firm 10330 Regency Parkway Drive Suite 100 Omaha , NE 68114 USA (402) 397-2200 Fax: (402) 390-7137 Email: Tculh@eslaw.com

Harlan F Seymour DEFENDANT

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201 USA (214) 978-3090 Fax: (214) 978-3099 Email: Joel.held@bakernet.com

Edward Fuxa DEFENDANT

Joel Held [COR LD NTC] Baker, McKenzie Law Firm -Dallas 2001 Ross Avenue Suite 2300 Dallas , TX 75201 USA (214) 978-3090 Fax: (214) 978-3099

Email: Joel.held@bakernet.com Thomas J Culhane [COR LD NTC] Erickson, Sederstrom Law Firm 10330 Regency Parkway Drive Suite 100 Omaha , NE 68114 USA (402) 397-2200 Fax: (402) 390-7137 Email: Tculh@eslaw.com

State of Louisiana District Attorney's Retirement System MOVANT [Term: 07/31/2003]

Krista L Kester [COR LD NTC] Woods, Aitken Law Firm 301 South 13TH Street Suite 500 Lincoln , NE 68508-2578 USA (402) 437-8500 Fax: (402) 437-8558 Email: Kbkester@woodsaitken.com

Roger Dietz MEDIATOR

Roger Dietz [COR LD NTC] 477 Madison Avenue New York , NY 10022 USA (212) 838-2288 Fax: (212) 838-1064 Email: Dietz@attglobal.net

Date # Proceeding Text 11/27/2002

1

COMPLAINT with Jury Demand against Gregory Derkacht, Greg Duman, William E. Fischer, Dwight Hanson, David Russel, Harlan F. Seymour and Transaction Systems Architects; No Summons issued, with receipt number 813571, in the amount of $ 150; by Attorney Joseph C. Byam on behalf of Nancy Rosen (Attachments: # 1) CLICK ON DOCUMENT NUMBER TO VIEW ALL ATTACHMENTS(JSF) (Entered: 12/02/2002)

1 1/27/2002

2 CIVIL COVER SHEET (JSF) (Entered: 12/02/2002)

12/2/2002

3 ATTORNEY Registration Letter Regarding Plaintiff Nancy Rosen; letter sent to Attorney Marc A. Topaz with registration form. (JSF) (Entered: 12/02/2002)

ATTORNEY Registration Letter Regarding Plaintiff Nancy Rosen; letter sent to Attorney Paul J. Geller with registration form. (JSF) (Entered: 12/02/2002)

12/2/2002

4

1/31/2003

5

MOTION to Consolidate Cases by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 01/31/2003)

1/31/2003

6

AFFIDAVIT of Darren J. Check regarding MOTION to Consolidate Cases5 by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 01/31/2003)

1/31/2003

7

BRIEF In Support Of Motion to Consolidate Cases5 by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 01/31/2003)

1/31/2003

8

BRIEF In Support Of Motion to Appoint Lead Plaintiff by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 01/31/2003)

1/31/2003

9

DECLARATION of Joseph C. Byam by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Attachments: # 1 Exhibit A to Declaration# 2 Exhibits B, C, and D to Declaration# 3 Exhibit E to Declaration)(Byam, Joseph) (Entered: 01/31/2003)

1/31/2003

10

NOTICE of Motion for Appointment as Lead Plaintiff by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 01/31/2003)

1/31/2003

11

MOTION to Consolidate Cases to Appoint Genesee County Employees' Retirement System as Lead Plaintiff, and to Approve Lead Plaintiff's Choice of Counsel by Attorney David W. Rowe (Rowe, David) (Entered: 01/31/2003)

1/31/2003

12

INDEX of Evidence in Support of Motion to Consolidate Cases11 to Appoint Genesee County Employees' Retirement System as Lead Plaintiff, and to Approve Lead Plaintiff's Choice of Counsel by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Attachments: # 1 Affidavit of Emily C. Komlossy with Exhibits)(Rowe, David) (Entered: 01/31/2003)

1/31/2003

13 BRIEF In support of Motion to Consolidate Cases11 to Appoint Genesee County Employees' Retirement System as Lead Plaintiff, and to Approve Lead Plaintiff's Choice of Counsel by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Attachments: # 1 Supplement of Copies of unpublished opinions)(Rowe, David) (Entered: 01/31/2003)

1/31/2003

14

MOTION to Consolidate Cases by State of Louisiana District Attorney's Retirement System, For Appointment as Lead Plaintiff and for Approval of its Selection of Counsel, and Certificate of Service, by Attorney Krista L. Kester (Kester, Krista) (Entered: 01/31/2003)

1/31/2003 BRIEF In Support of Motion to Consolidate Cases, 14 for Appointment as Lead Plaintiff and for Approval of its Selection of Counsel, and Certificate of Service, by Attorney Krista L. Kester on behalf of Movant State of Louisiana District Attorney's Retirement System (Kester, Krista) (Entered: 01/31/2003)

15

1/31/2003

16

INDEX In Support of Motion to Consolidate Cases, 14 for Appointment as Lead Plaintiff and for Approval of its Selection of Counsel, and Certificate of Service, by Attorney Krista L. Kester on behalf of Movant State of Louisiana District Attorney's Retirement System (Attachments: # 1 Declaration of Paul T. Curley# 2 Notice of Lawsuit# 3 Certification of Plaintiff Pursuant to Federal Securities Laws# 4 Schedule of Purchases and Losses# 5 Firm Resume of Pomerantz Haudek Block Grossman & Gross LLP)(Kester, Krista) (Entered: 01/31/2003)

1/31/2003

17

CERTIFICATE of Service (Supplemental)(#'s 11, 12, 13) by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Rowe, David) (Entered: 01/31/2003)

2/5/2003

18

APPLICATION/ORDER admitting pro hac vice Attorney Emily C. Komlossy for Movant Genesee County Employees' Retirement System. Signed by Deputy Clerk on 2/5/2003. (JAR, ) (Entered: 02/06/2003)

2/18/2003

19

BRIEF In Opposition to Motion to Consolidate Cases5, Notice (Other)10, Motion to Consolidate Cases11 and In Opposition to Other Motions for Appointment of Lead Plaintiff and Lead Counsel, and Motion to Strike Submissions by Movants Nevis and Foglesong, and Certificate of Service by Attorney Krista L. Kester on behalf of Movant State of Louisiana District Attorney's Retirement System (Attachments: # 1 Table of Contents# 2 Table of Authorities)(Kester, Krista) (Entered: 02/18/2003)

2/18/2003

20

BRIEF In Opposition to Competing Motions For Appointment of Lead Plaintiff and Lead Counsel by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Rowe, David) (Entered: 02/18/2003)

2/18/2003 21

INDEX of Evidence In Opposition to Competing Motions for Appointment of Lead Plaintiff and Lead Counsel and in Support of Genesee's Motion to be Appointed as Lead Plaintiff by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Attachments: # 1 Affidavit of Emily Komlossy in Support of Brief in Opposition to Competing Motions for Appointment of Lead Plaintiff and Lead Counsel# 2 Dow Jones News Wire Report)(Rowe, David) (Entered: 02/18/2003)

2/18/2003

24

INDEX in Support of Motion to Consolidate Cases, 14 and Motion for Appointment as Lead Plaintiff by Attorney Krista L. Kester on behalf of Movant State of Louisiana District Attorney's Retirement System (ATTACHMENT MAINTAINED IN CLERK'S OFFICE).(JAR, ) (Entered: 02/20/2003)

2/19/2003

22

BRIEF In Opposition to Motions of Nevis Capital Management, Genesee County Employees' Retirement System and The State of Louisiana District Attorney's Retirement System by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 02/19/2003)

2/19/2003

23

NOTICE of Withdrawal of Motion by Nevis Capital Management LLC to Appoint Lead Plaintiff and Approve Lead Plaintiff's Selection of Lead Counsel by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 02/19/2003)

2/20/2003

25

MOTION to Withdraw as Attorney by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 02/20/2003)

2/21/2003

26

MOTION for Leave to Submit Reply Brief by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Attachments: # 1 Attachment A - Reply Brief)(Rowe, David) (Entered: 02/21/2003)

2/27/2003

27

MOTION for Leave to Reply and Certificate of Service by Attorney Krista L. Kester on behalf of Movant State of Louisiana District Attorney's Retirement System (Attachments: # 1 Reply Memorandum of the State of Louisiana District Attorney's Retirement System in Further Support of Appointment as Lead Plaintiff# 2 (Third) Evidence Index in Further Support of the State of Louisiana District Attorney's Retirement System's Motion for Appointment as Lead Plaintiff# 3 Supplemental Declaration of Marc I. Gross# 4 Press Release dated February 22, 2000# 5 Bloomberg News Article dated February 24, 2000# 6 Bloomberg News Article dated April 26, 2000)(Kester, Krista) (Entered: 02/27/2003)

3/4/2003

28

MOTION Charles Fogelsong's Submission in Support of the Motion of Genesee County Employees' Retirement System by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 03/04/2003)

3/27/2003

29

MOTION to Extend Time to Serve Summons by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 03/27/2003)

3/28/2003

30

ORDER granting 29 Motion to Extend time to serve the summons upon the defendants; the plaintiff shall have to 4/27/03 to effect service upon the defendants; Signed by Magistrate Judge Thomas D. Thalken on 3/28/2003. (MKR, ) (Entered: 03/28/2003)

4/4/2003

31

4 Summons Issued (COPY) as to defendant Gregory Derkacht, Greg Duman, Dwight Hanson, Harlan F. Seymour. (DKM, ) (Entered: 04/04/2003)

4/8/2003

32

Summons Issued (COPY) as to defendant Transaction Systems Architects. (DKM, ) (Entered: 04/10/2003)

4/16/2003

33

SUMMONS Returned Executed upon Gregory Derkacht defendant Nancy Rosen on 4/10/2003. (Byam, Joseph) (Entered: 04/16/2003)

4/17/2003

34

SUMMONS Returned Executed upon Greg Duman defendant Nancy Rosen on 4/10/2003. (Byam, Joseph) (Entered: 04/17/2003)

4/17/2003

35

SUMMONS Returned Executed upon David P. Stokes by defendant Nancy Rosen on 4/10/2003. (Byam, Joseph) (Entered: 04/17/2003)

4/17/2003

36 SUMMONS Returned Executed upon Dwight Hanson by defendant Nancy Rosen on 4/10/2003. (Byam, Joseph) (Entered: 04/17/2003)

4/24/2003

37 MOTION for Extension of Time to File Answer pursuant to NELR 6.1(a) by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, Dwight Hanson, Transaction Systems Architects (Culhane, Thomas) (Entered: 04/24/2003)

4/24/2003

38 ORDER granting 37 Motion for Extension of Time to Answer. Answer Deadline set for 05/28/03, as to Defendant Gregory Derkacht, Greg Duman, Dwight Hanson and Transaction Systems Architects. Signed by Deputy Clerk on 4/24/2003. (DKM, ) (Entered: 04/24/2003)

4/28/2003

39 MOTION to Extend Time to Serve Summons by Attorney Joseph C. Byam on behalf of Plaintiff Nancy Rosen (Byam, Joseph) (Entered: 04/28/2003)

4/29/2003

40 ORDER granting 39 Motion to Extend Time to Serve Summons; the plaintiff has until 5/27/03 to effect service upon the defendants William E. Fischer, David Russel, and Harlan F. Seymoure. Signed by Magistrate Judge Thomas D. Thalken on 4/29/2003. (JSF) (Entered: 04/29/2003)

4/29/2003

41 Summons Returned Unexecuted as to defendant Harlan F. Seymour. (JSF) (Entered: 04/30/2003)

4/29/2003

42 Summons Issued (COPY) as to defendant Harlan F. Seymour. (JSF) (Entered: 04/30/2003)

4/30/2003

43 MOTION Request for Oral Argument regarding MOTION to Consolidate Cases by State of Louisiana District Attorney's Retirement System, For Appointment as Lead Plaintiff and for Approval of its Selection of Counsel, and Certificate of Service,14 and Certificate of Service by Attorney Krista L. Kester on behalf of Movant State of Louisiana District Attorney's Retirement System (Kester, Krista) (Entered: 04/30/2003)

5/13/2003

44 SUMMONS Returned Executed upon Harlan F. Seymour by defendant Nancy Rosen on 5/7/2003. (Byam, Joseph) (Entered: 05/13/2003)

5/16/2003

45 ORDER that the motions by movant Genesee County Employees' Retirement System forleave to submit reply briefs 15 in 8:02cv553 26 in 8:02CV561 are granted. The court will consider Genesee's reply briefs instanter. The motions by movant LDARS for leave to submit reply briefs and evidence 16 in Case No. 8:02CV553; 27 in Case No. 8:02CV561 are granted.The court will consider LDARS' reply briefs instanter. The motion by movant Nevis Capital Management, LLC, for consolidation, tobe appointed lead plaintiff, and for approval of the lead plaintiff's selection of lead counsel and liaison counsel 5 in Case No. 8:02CV561 is granted in part and denied in part. The motion is granted as to the portion of the motion seeking consolidation of the instant actions. The motion is denied as to the portion of the motion seeking appointment as lead plaintiff and for approval of lead counsel. The "notice of motion" for appointment of movant Charles Fogelsong as lead plaintiff, approval of his selection of counsel, and consolidation of cases 10 in CaseNo. 8:02CV561 is granted in part and denied in part. The motion is granted as to the portion of the motion seeking consolidation of the instant actions. The motion is denied as to the portion of the motion seeking appointment as lead plaintiff and for approval of lead counsel. The motions by movant Genesee County Employees' Retirement System for 21consolidation of actions, appointment as lead plaintiff, and approval of lead counsel 3 in Case No. 8:02CV553; 11 in Case No. 8:02CV561) are granted as set forth herein. Case No. 8:02CV553 and Case No. 8:02CV561 are hereby consolidated for all purposes and will be captioned as this order is captioned. The motions by movant State of Louisiana District Attorney's RetirementSystem to consolidate, for appointment as lead plaintiff, and for approval of lead counsel 6 in Case No. 8:02CV553; 14 in Case No. 8:02CV561) are granted in part and denied in part. The motions are granted as to the portion of the motions seeking consolidation of the instant actions. The motions are denied as to the portion of the motions seeking appointment as lead plaintiff and for approval of lead counsel. The motion to withdraw as counsel for plaintiff Nancy Rosen by the law firm of Schiffrin & Barroway,LLP 25 8:02CV561 is granted. The submission of movant Charles Fogelsong in support of movant Genesee'smotion for appointment as lead plaintiff and approval of Genesee's selection for lead counsel 28 in Case No. 8:02CV561 is granted insofar as the court will appoint Genesee as lead plaintiff. The motions by movant LDARS for oral argument on the motion to consolidate and for appointment of lead plaintiff 18 in Case No. 8:02CV553; 43 in Case No. 8:02CV561 are denied.Retirement System is appointed as lead plaintiff for these consolidated actions. The law firm of Goodkind Labaton Rudoff & Sucharow LLP is approved as lead counsel in the consolidated actions. The law firm of Kinsey Ridenour Becker & Kistler, LLP is approved as local counsel in the consolidated actions.The law firm of Goodkind Labaton Rudoff & Sucharow LLP, as lead counsel,shall assume and exercise the powers and responsibilities of coordinating matters arising in this litigation pursuant to the Private Securities Litigation Reform Act and applicable law,including the following as set in this order; No pleadings or other papers shall be filed or discovery conducted by anyplaintiff except as directed or undertaken by lead counsel so that there will be no duplicative pleadings or discovery by the plaintiffs.Counsel in any related action that is consolidated with the consolidated actionsshall be bound by this organizational structure of plaintiffs' counsel.The court requests the assistance of counsel in calling to the attention of theClerk of this Court the filing or transfer of any case that might properly be consolidated as part of these consolidated actions.When a case that arises out of the same subject matter as these consolidatedactions is hereinafter filed in this court or transferred from another court, the Clerk of the Court shall: a. Notify the district judge and the magistrate judge assigned to these consolidated actions; b. File a copy of this order in the separate file for such action; and Mail a copy of this order to the attorneys for the plaintiff(s) in the newlyfiledor transferred case and to any new defendant(s) in the newly-filed or transferred case. Each new case that arises out of the subject matter of the

consolidated actions which is filed in this court or transferred to this court shall be consolidated with these consolidated actions and this order shall apply thereto, unless a party files an objection to consolidation or any provision of this order within fourteen (14) days after the date upon which a copy of this order is served on counsel for such party. Nothing in the foregoing shallbe construed as a waiver of the defendants' right to object to consolidation of any subsequently-filed or transferred related action. Service by the defendants on plaintiffs of any papers shall be deemed to be complete for all purposes when a copy is served on local counsel and lead counsel. Defendants are not required to respond to the complaints consolidated into this action, other than a consolidated complaint or a complaint designated as the operativecomplaint. Lead plaintiff shall file a consolidated complaint within forty-five (45) days after the filing of this order, unless otherwise agreed upon by the parties. The consolidated complaint shall be the operative complaint and shall supercede all complaints filed in the actions consolidated herein.Defendants shall respond to the consolidated complaint within thirty (30) daysof its filing. If defendants file any motions directed at the consolidated complaint, the opposition brief shall be filed within thirty (30) days of the response, unless otherwise agreed upon by the parties. A telephone conference with the undersigned magistrate judge will be held on September 2, 2003, at 10:00 a.m. Central Daylight Time for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Lead plaintiff's counsel shall initiate the telephone conference. Signed by Magistrate Judge Thomas D. Thalken on 5/16/2003. (DKM, ) (Entered: 05/16/2003)

5/16/2003

46 ORDER, Case Reassigned to Judge Joseph F. Bataillon. Judge Thomas M. Shanahan no longer assigned to the case. Signed by Judge Richard G. Kopf on 5/16/2003. (JAR, ) (Entered: 05/16/2003)

5/22/2003

47 MOTION to Extend Time to Serve Summons on Defendants Fisher and Russel by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Rowe, David) (Entered: 05/22/2003)

5/27/2003

48 ORDER that the lead plaintiff's motion for extension of time to serve the summons upon two defendants (Filing No. 47 in CaseNo. 8:02cv561) is granted; the plaintiff shall have to 8/10/03 to effect service upon the defendants William E. Fischer and DavidRussel; Service of Summons due by 8/10/2003. Signed by Magistrate Judge Thomas D. Thalken on 5/27/2003. (MKR, ) (Entered: 05/27/2003)

5/28/2003

49 APPLICATION/ORDER admitting pro hac vice Attorney Jonathan M. Plasse for Movant Genesee County Employees' Retirement System. Signed by Deputy Clerk on 5/28/2003. (CS, ) (Entered: 05/30/2003)

5/30/2003

50 ATTORNEY LETTER by Clerk that Attorney Jonathan M. Plasse has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (CS, ) (Entered: 05/30/2003)

6/30/2003

51 DEMAND for Trial by Jury and First Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws by Attorney David W. Rowe on behalf of Movant Genesee County Employees' Retirement System (Attachments: # 1 Exhibit A - Certification of Lead Plaintiff# 2 Certification of Additional Plaintiffs) - These documents were originally filed on 6/30/03 in case 8:02CV533, added to this case on 7/7/03.(JLS, ) (Entered: 07/07/2003)

7/7/2003

52 Summons Issued (COPY) as to defendant Edward Fuxa. (JAR, ) (Entered: 07/08/2003)

7/28/2003

53 Joint MOTION to Extend Defendants' Response Date and Date for Plaintiff to Serve Brief in Opposition to Motion by Attorney David W. Rowe on behalf of Lead Plaintiff and by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel (Culhane, Thomas) (Entered: 07/28/2003)

7/28/2003

54 WAIVER OF SERVICE Returned Executed upon defendant William E. Fischer. Waiver sent on 7/28/2003; Edward Fuxa. Waiver sent on 7/28/2003; David Russel. Waiver sent on 7/28/2003. (Culhane, Thomas) (Entered: 07/28/2003)

7/29/2003

55 ORDER granting 53 Joint Motion to Extend; Defendants shall have until August 20, 2003, to respond to plaintiff's First Amended Consolidated Class Action Complaint for Violation of the Federal Securities Laws; and Plaintiff shall have until September 30, 2003, to file a brief in opposition to any motion filed by defendants on August 20, 2003. Signed by Magistrate Judge Thomas D. Thalken on 07/29/03. (DKM, ) (Entered: 07/29/2003)

7/30/2003

56 MOTION for Leave to Drop State of Louisiana District Attorneys Retirement System as Additional Plaintiff by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/30/2003)

7/31/2003

57 ORDER granting 56 Motion for Leave to remove State of Louisiana District AttorneysRetirement System (LDARS) as an additional representative of the plaintiff. Signed by Magistrate Judge Thomas D. Thalken on 7/31/2003. (JAE, ) (Entered: 07/31/2003)

8/20/2003

58 MOTION to Dismiss First Amended Consolidated Class Action Complaint by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 08/20/2003)

8/20/2003

59 BRIEF in support of Motion to Dismiss, 58 First Amended Consolidated Class Action Complaint by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 08/20/2003)

8/25/2003

60 Joint MOTION to Continue Telephone Status Conference by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 08/25/2003)

8/26/2003

61 ORDER granting 60 Motion to Continue the telephone status conference from 9/2/03 to 10/7/03 at 1:30pm. Signed by Magistrate Judge Thomas D. Thalken on 8/26/2003. (KBJ) (Entered: 08/26/2003)

9/16/2003

62 APPLICATION/ORDER admitting pro hac vice Attorney Joel Held for Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Harlan F. Seymour, Transaction Systems Architects. Signed by Deputy Clerk on 9/16/2003. (KBJ) (Entered: 09/16/2003)

9/16/2003

63 ATTORNEY LETTER by Clerk that Attorney Joel Held has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (KBJ) (Entered: 09/16/2003)

9/30/2003

64 BRIEF In Opposition to Motion to Dismiss, 58 by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 09/30/2003)

9/30/2003

65 INDEX of Evidence In Support of Brief in Opposition to Motion to Dismiss, 58 by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Attachments: # 1 Affidavit of David W. Rowe,# 2 Exhibit A - Form 8-K dated August 8, 2003,# 3 Exhibit B - Form 10-K for the fiscal year ended September 30, 2002)(Rowe, David) (Entered: 09/30/2003)

9/30/2003

66 MOTION for Hearing regarding MOTION to Dismiss First Amended Consolidated Class Action Complaint58 and Request for Oral Argument by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 09/30/2003)

10/14/2003

67 ORDER hat the 66 Motion for Hearing is granted regarding the 58 Motion to Dismiss. Hearing is set for 11/20/03 at 1:30pm. Signed by Judge Joseph F. Bataillon on 10/14/2003. (KBJ) (Entered: 10/15/2003)

10/17/2003

68 APPLICATION/ORDER admitting pro hac vice Attorney Randall K. Pulliam for Plaintiff Nancy Rosen. Signed by Deputy Clerk on 10/17/2003. (KBJ) (Entered: 10/17/2003)

10/29/2003

69 MOTION for Leave to Serve Reply Brief Pursuant to NELR 7.1(c) by Attorney Thomas J. Culhane on behalf of Defendants Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 10/29/2003)

11/3/2003

70 ORDER granting 69 Motion for Leave to File Reply Briefregarding 58 Motion to Dismiss; REPLY BRIEF 69 DEEMED FILED INSTANTER. Signed by Judge Joseph F. Bataillon on 11/3/2003. (SMS, ) (Entered: 11/03/2003)

11/12/2003

71 MOTION for Leave to Submit Sur-Reply Brief Pursuant to NELR 7.1(c) by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Attachments: # 1 Lead Plaintiff's Sur-Reply in Opposition to Defendants' Motion to Dismiss)(Rowe, David) (Entered: 11/12/2003)

11/13/2003

72 ORDER granting 71 Motion for Leave to submit reply brief. The BRIEF attached to the motion (filing 71) shall be received by the court and deemed SERVED ON THE DEFENDANTS INSTANTER. Signed by Judge Joseph F. Bataillon on 11/13/2003. (KBJ) (Entered: 11/13/2003)

12/15/2003

73 MEMORANDUM AND ORDER granting in part and denying in part 58 Motion to Dismiss plaintiffs' first amended consolidated class action complaint 51 as set forth in this Memornandum and Order; The plaintiffs' claims against defendant Gregory Derkacht are dismissed without prejudice. Signed by Judge Joseph F. Bataillon on 12/15/2003. (KBJ) (Entered: 12/15/2003)

12/22/2003

74 SCHEDULING PACKET: Rule 26 Meeting Report Deadline set for 1/26/2004. Signed by Magistrate Judge Thomas D. Thalken on 12/22/2003. (KMG) (Entered: 12/22/2003)

1/6/2004

75 Joint MOTION for Extension of Time to File Answer by Attorney Thomas J. Culhane on behalf of Defendants Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) Modified on 1/7/2004 (KMG) - stricken per order 76. Modified on 1/8/2004 to reinstate document per 77 (TJS, ). (Entered: 01/06/2004)

1/7/2004

76 ORDER striking Joint MOTION for Extension of Time to File Answer 75 - document filed in incorrect case. Signed by Magistrate Judge Thomas D. Thalken on 1/7/2004. (KMG) (Entered: 01/07/2004)

1/8/2004

77 ORDER - IT IS ORDERED that Document Number 76 is withdrawn from the record andDocument Number 75 is reinstated. Signed by Magistrate Judge Thomas D. Thalken on 1/8/2004. (TJS, ) (Entered: 01/08/2004)

1/8/2004

78 ORDER granting 75 Motion for Extension of Time to Answer. The defendants shall have to on or before January 21, 2004, to file an answerto the plaintiffs' complaints. Answer Deadline set for 1/21/04. Signed by Magistrate Judge Thomas D. Thalken on 1/8/2004. (JAE, ) (Entered: 01/08/2004)

1/21/2004

79 Defendants' ANSWER to Amended Complaint 51 by Attorney Thomas J. Culhane on behalf of Defendants Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Harlan F. Seymour, Transaction Systems Architects (Culhane, Thomas) (Entered: 01/21/2004)

1/23/2004

80 Mail Returned as Undeliverable addressed to drowe@krbklaw.com regarding Answer to Amended Complaint, 79. E-mail resent to same address, computers are now up and running again. (JAR, ) (Entered: 01/23/2004)

1/26/2004

81 REPORT of Rule 26(f) Planning Meeting by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 01/26/2004)

2/6/2004

82 MEDIATION REFERENCE ORDER - case is referred to Roger Dietz, Esq - objection to this Order shall be submitted within 7 working days; case is stayed until further Order of the Court; Copy of Complaint, Answer, Mediation Order, and docket sheet sent to Mediator. Signed by Magistrate Judge Thomas D. Thalken on 2/6/2004. (KBJ) (Entered: 02/06/2004)

2/9/2004

83 Certificate of Service of Initial Disclosures by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 02/09/2004)

2/12/2004

84 NOTICE of Service of Rule 26 Initial Disclosures by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 02/12/2004)

2/16/2004

85 Certificate of Service of Request for Production of Documents by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 02/16/2004)

3/3/2004

86 Joint STIPULATION and Protective Order by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 03/03/2004)

3/4/2004

87 ORDER granting 86 Joint Stipulation and protective order. The court adopts the stipulated protective order as submitted by the parties. Signed by Magistrate Judge Thomas D. Thalken on 3/4/2004. (KBJ) (Entered: 03/04/2004)

3/16/2004

88 NOTICE of Service of Defendants' Objection and Responses to Lead Plaintiff's First Request for Production of Documents by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 03/16/2004)

4/7/2004

89 NOTICE of Service of First Request for Production of Documents to Plaintiff by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 04/07/2004)

4/26/2004

90 ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE- Upon notification that the mediation in these cases was unsuccessful, themediation stay imposed by this court?s order of February 6, 2004 54 in casenumber 8:02CV553 and Filing No. 82 in case number 8:02CV561 is dissolved. Planning Conference set for 8/9/2004 09:00 AM before Magistrate Judge Thomas D. Thalken. Signed by Magistrate Judge Thomas D. Thalken on 4/26/2004. (MKR, ) (Entered: 04/26/2004)

5/5/2004

91 Certificate of Service of Lead Plaintiff Genesee County Employees' Retirement System's Objections and Responses to Defendant's First Request for Production of Documents by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 05/05/2004)

5/5/2004

92 Certificate of Service of Notice of Document and Deposition Subpoena by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 05/05/2004)

6/3/2004

93 STRICKEN - APPLICATION/ORDER admitting pro hac vice Attorney Tiffany M. Wyatt for Plaintiff Nancy Rosen. Signed by Deputy Clerk on 6/3/2004. (GJG, ) Modified on 6/4/2004 to reflect that this pleading is stricken from the record pursuant to the Order filed 6/4/04 102(KBJ ). (Entered: 06/03/2004)

6/3/2004

94 APPLICATION/ORDER admitting pro hac vice Attorney J. Allen Carney for Plaintiff Nancy Rosen. Signed by Deputy Clerk on 6/3/2004. (GJG, ) (Entered: 06/03/2004)

6/3/2004

95 APPLICATION/ORDER admitting pro hac vice Attorney T. Brent Walker for Plaintiff Nancy Rosen. Signed by Deputy Clerk on 6/3/2004. (GJG, ) (Entered: 06/03/2004)

6/3/2004

96 APPLICATION/ORDER admitting pro hac vice Attorney Marcus N. Bozeman for Plaintiff Nancy Rosen. Signed by Deputy Clerk on 6/3/2004. (GJG, ) (Entered: 06/03/2004)

6/3/2004

97 APPLICATION/ORDER admitting pro hac vice Attorney Tiffany M. Wyatt for Plaintiff Nancy Rosen. Signed by Deputy Clerk on 6/3/2004. (GJG, ) (Entered: 06/04/2004)

6/4/2004

98 Mail Returned as Undeliverable addressed to Mr. Randall Pulliam regarding Application/Order Pro Hac Vice93. NOT RE-SENT; ATTORNEY NO LONGER WITH THIS FIRM. (KBJ) (Entered: 06/04/2004)

6/4/2004

99 Mail Returned as Undeliverable addressed to Mr. Randall Pulliam regarding Application/Order Pro Hac Vice94. NOT RE-SENT; ATTORNEY NO LONGER WITH THE FIRM (KBJ) (Entered: 06/04/2004)

6/4/2004

100 Mail Returned as Undeliverable addressed to Mr. Randall Pulliam regarding Application/Order Pro Hac Vice95. NOT RE-SENT. ATTORNEY NO LONGER WITH THE FIRM. (KBJ) (Entered: 06/04/2004)

6/4/2004

101 Mail Returned as Undeliverable addressed to Mr. Randall Pulliam regarding Application/Order Pro Hac Vice96. NOT RE-SENT. ATTORNEY NO LONGER WITH THE FIRM. (KBJ) (Entered: 06/04/2004)

102 ORDER that the Application/Order Pro Hac Vice93 is stricken from the record. An incorrect/incomplete PDF document is attached. Signed by Magistrate Judge Thomas D. Thalken on 6/4/2004. (KBJ) (Entered: 06/04/2004)

6/4/2004

6/17/2004

103 ATTORNEY LETTER by Clerk that Attorney Paul Geller has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (KBJ, ) (Entered: 06/17/2004)

6/23/2004

104 RETURN of service of Subpoena in a Civil Case on June 4, 2004 upon Arthur Anderson, LLPby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 06/23/2004)

7/1/2004

105 MOTION to Certify Class and Request for Oral Argument by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/01/2004)

7/1/2004

106 BRIEF In Support of Motion to Certify Class105 by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/01/2004)

7/1/2004

107 INDEX of Evidence In Support of Motion to Certify Class105 by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Attachments: # 1 Affidavit of Louis Gottlieb# 2 Certification of Roger M. Wally# 3 Resume of Goodkind Labaton Rudoff & Sucharow, LLP# 4 Resume of Cauley Bowman Carney & Williams, PLLC)(Rowe, David) (Entered: 07/01/2004)

7/8/2004

108 RETURN of service of Subpoena in a Civil Case on June 29, 2004 upon Suntrust Robinson Humphrey Capital Marketsby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/08/2004)

7/8/2004 109 Joint MOTION to Extend Time to file Opposition to Motion for Class Certification and Motion for Scheduling Order on Class Certification Issues by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 07/08/2004)

7/8/2004

110 ORDER granting 71 the parties Joint Motion for an extension of time (filing 71 in case 8:02cv553; Filing 109 in case 8:02cv561) is granted; the defendants shall have to on or before 9/13/04, to file a response brief to the plaintiff's motion to certify class; the plaintiffs shall have to October 13, 2004, to file a reply brief in support of the motion to certify class. Signed by Magistrate Judge Thomas D. Thalken on 7/8/2004. (MKR, ) (Entered: 07/09/2004)

7/15/2004

111 RETURN of service of Subpoena in a Civil Case on June 25, 2004 upon Deutsche Bankby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/15/2004)

7/15/2004

112 RETURN of service of Subpoena in a Civil Case on June 28, 2004 upon Credit Suisse First Bostonby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/15/2004)

7/15/2004

113 RETURN of service of Subpoena in a Civil Case on June 28, 2004 upon Goldman Sachs & Co.by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/15/2004)

7/15/2004

114 RETURN of service of Subpoena of a Civil Case on June 28, 2004 upon Citygroup Global Markets Holdings, Inc.by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/15/2004)

7/15/2004

115 RETURN of service of Subpoena of a Civil Case on July 1, 2004 upon FAC/Equities First Albanyby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/15/2004)

7/22/2004

116 RETURN of service of Subpoena in a Civil Case on June 9, 2004 upon Pacific Growth Equitiesby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/22/2004)

7/22/2004

117 RETURN of service of Subpoena in a Civil Case on June 25, 2004 upon Advest, Inc.by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 07/22/2004)

7/29/2004

118 ORDER TO SHOW CAUSE that Attorney Paul J. Geller is to register for the System. Show Cause Deadline set for 8/13/2004. Signed by Magistrate Judge Thomas D. Thalken on 7/29/2004. (KMG) (Entered: 07/29/2004)

8/3/2004

119 RETURN of service of Subpoena in a Civil Case on June 24, 2004 upon Pacific Crestby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 08/03/2004)

8/3/2004

120 RETURN of service of Subpoena in a Civil Case on July 9, 2004 upon BancBoston/Robertson Stephensby Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 08/03/2004)

8/6/2004

121 ORDER that on the court's own motion; the telephone planning conference set for 8/9/04 at 9:00 a.m. is cancelled and is rescheduled for August 9, 2004, at 8:45 a.m.(Central Daylight Time) before the undersigned magistrate judge. Plaintiff's counsel shallinitiate the telephone conference. Signed by Magistrate Judge Thomas D. Thalken on 8/6/2004. (KBJ) (Entered: 08/06/2004)

8/10/2004

122 ORDER that any motion to add a class representative shall be filed on or before August 13, 2004; Responses to such motion shall be filed on or before August 20, 2004; Any motion to alter the briefing scheduled for the motion to certify a class shall be filed by August 17, 2004. Signed by Magistrate Judge Thomas D. Thalken on 8/10/2004. (MKR, ) (Entered: 08/10/2004)

8/13/2004

123 MOTION for Leave to File Second Amended Complaint and for Intervention of Roger M. Wally as Class Representative by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 08/13/2004)

8/13/2004

124 BRIEF In Support of Motion for Leave123 to File Second Amended Complaint and for Intervention of Roger M. Wally as Class Representative by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 08/13/2004)

8/13/2004

125 INDEX of Evidence in Support of Motion for Leave123 to File Second Amended Complaint and Intervention of Roger M. Wally as Class Representative by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Attachments: # 1 Affidavit of Louis Gottlieb# 2 Second Amended Consolidated Class Action Complaint - Part #1,# 3 Second Amended Consolidated Class Action Complaint - Part #2,# 4 Second Amended Consolidated Class Action Complaint - Part #3,# 5 Second Amended Consolidated Class Action Complaint - Part #4,# 6 Second Amended Consolidated Class Action Complaint - Part #5,# 7 Complaint Exhibit A,# 8 Complaint Exhibit B# 9 Northwestern Corporation Securities Memorandum Opinion and Order)(Rowe, David) (Entered: 08/13/2004)

8/17/2004

126 Unopposed MOTION to Extend Time for Defendants to File Opposition to and for Lead Plaintiff to File Reply Brief in Further Support of Motion for Class Certification, by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 08/17/2004)

8/17/2004

127 ORDER granting 126 Lead Plaintiff's Motion to Extend time of the briefing schedule regarding 105 Motion to Certify Class and Request Oral Argument. The defendants shall have to on or before 9/24/04 to file a response to the brief to the plaintiffs' motion to certify class. The plaintiffs shall have to on or before 10/25/04 to file a reply brief in support of the motion to certify class. Signed by Magistrate Judge Thomas D. Thalken on 8/17/2004. (KBJ) (Entered: 08/18/2004)

8/20/2004

128 OBJECTION to Motion of Lead Plaintiff and Roger M. Wally for Leave to File Second Amended Complaint and for Intervention of Wally as Class Representative by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 08/20/2004)

8/20/2004

129 INDEX of Evidence in Support of Objection, 128 to Motion of Lead Plaintiff and Roger M. Wally for Leave to File Second Amended Complaint and for Intervention of Wally as Class Representative by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Attachments: # 1 Affidavit Affidavit of Elizabeth L. Yingling with attached exhibits; Wally Certification)(Culhane, Thomas) (Entered: 08/20/2004)

130 CERTIFICATE of Court Reporter regarding: Deposition of Leonard D. Smorch (KBJ) (Entered: 09/08/2004)

9/7/2004

9/24/2004

131 BRIEF in Opposition to Motion for Class Certification by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Culhane, Thomas) (Entered: 09/24/2004)

9/24/2004

132 INDEX in Support of Defendants' Brief in Opposition to Motion for Class Certification by Attorney Thomas J. Culhane on behalf of Defendants Gregory Derkacht, Greg Duman, William E. Fischer, Edward Fuxa, Dwight Hanson, David Russel, Transaction Systems Architects (Attachments: # 1 Affidavit of Elizabeth L. Yingling; Exhibit A# 2 Exhibit B - Smorch depo# 3 Exhibit C - Minutes# 4 Exhibit D - Experts Disclosure# 5 Exhibit E - Ordinance (partial)# 6 Exhibit E - con't# 7 Exhibit E - con't# 8 Exhibit E - con't# 9 Exhibit E - con't; F; G; H# 10 Exhibit I; J; K)(Culhane, Thomas) (Entered: 09/24/2004)

10/6/2004

133 ORDER - IT IS ORDERED that, Paul J. Geller is stricken as an attorney of record for the plaintiff Nancy Rosen and shall not be noticed of events in this case. Said attorney may apply to be readmitted as an attorney of record only after registering for the system. Signed by Magistrate Judge Thomas D. Thalken on 10/6/2004. (TJS, ) (Entered: 10/06/2004)

10/25/2004

134 REPLY BRIEF In Support of Motion to Certify Class105 by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Rowe, David) (Entered: 10/25/2004)

10/25/2004

135 INDEX of Evidence in Support of Reply Brief in Support of Motion to Certify by Attorney David W. Rowe on behalf of Plaintiff Genesee County Employees' Retirement System (Attachments: # 1 Affidavit of Louis Gottlieb# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Affidavit of Jackie Addison)(Rowe, David) (Entered: 10/25/2004)