u.s. district court southern district of texas...

22
US District Court Civil Docket as of 06/23/2003 Retrieved from the court on Thursday, March 31, 2005 U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:99-cv-00535 Blau, et al v. Murphy, et al Assigned to: Judge Nancy F. Atlas Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 02/18/1999 Jury Demand: Defendant Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Kenneth Blau represented by Andrew M Schatz Schatz & Noble PC 20 Church St Ste 1700 Hartford, CT 06103 860-493-6292 LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret Schatz & Nobel 330 Main St Hartford, CT 06106 860-493-6292 LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch White & Case LLP 633 W FifthSt Ste 1900 Los Angeles, CA 90071 213-620-7700 Fax: 213-687-0758 TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II Sopuch Avnett et al 2001 Ross Ave Ste 4650 Dallas, TX 75201

Upload: others

Post on 02-Aug-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

US District Court Civil Docket as of 06/23/2003 Retrieved from the court on Thursday, March 31, 2005

U.S. District Court Southern District of Texas

(Houston) CIVIL DOCKET FOR CASE #: 4:99-cv-00535

Blau, et al v. Murphy, et al Assigned to: Judge Nancy F. Atlas Demand: $0 Cause: 15:78m(a) Securities Exchange Act

Date Filed: 02/18/1999 Jury Demand: Defendant Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

PlaintiffKenneth Blau represented by Andrew M Schatz

Schatz & Noble PC 20 Church St Ste 1700 Hartford, CT 06103 860-493-6292 LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret Schatz & Nobel 330 Main St Hartford, CT 06106 860-493-6292 LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch White & Case LLP 633 W FifthSt Ste 1900 Los Angeles, CA 90071 213-620-7700 Fax: 213-687-0758 TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II Sopuch Avnett et al 2001 Ross Ave Ste 4650 Dallas, TX 75201

Page 2: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

214-760-0900 Fax: 214-760-0905 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Individually Michael Portnoy and on behalf of a class of others similarly situated

represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Individually Wendell Strahan and on behalf of a class of others similarly situated

represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Page 3: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

Plaintiff

Individually Dean Harvey and on behalf of a class of others similarly situated

represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Thomas O Meyer represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Walter D Hoffman represented by Andrew M Schatz

Page 4: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

John T Uhran represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Carol Trenham represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Page 5: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Richard D Smith represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Ray Trenham represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Page 6: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

A Davis Davis represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Marguerite J Calbo represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999

Page 7: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Leonard J Calbo represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

James P MaGuire represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II

Page 8: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Gerald E Finnell represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Andrew J Colace represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Page 9: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

Plaintiff

T Robert LaCour represented by Andrew M Schatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew S Turret (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) TERMINATED: 09/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Robert Arnett, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey S Nobel Schatz and Nobel 216 Main Hartford, CT 06106-1817 860-493-6292 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Douglas Murphy represented by Joseph A Kral Knippa & Kral 909 Fannin Ste 2300 Houston, TX 77010 713-739-1050 Fax: 713-739-1056 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard L Fuqua, II Fuqua & Keim 2777 Allen Parkway Ste 480 Houston, TX 77019

Page 10: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

713-960-0277 Fax: 713-960-1064 fax Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

William J McFarland represented by Gary C Miller Andrews & Kurth 600 Travis Ste 4200 Houston, TX 77002 713-220-3829 Fax: 713-238-7323 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

William H Burgess TERMINATED: 07/30/2000

represented by Thomas A Hawbaker Atty at Law 4400 MacArthur blvd Ste 500 Newport Beach, CA 92660 949-955-7929 TERMINATED: 07/30/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Thomas A Whitlock represented by Mark S Givens Attorney at Law 2550 N Hollywood Way Ste 502 Burbank, CA 91505-1055 818-558-4444 Fax: 818-558-4435 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas M Selwyn Davis & Selwyn 1600 Smith St Ste 4050 Houston, TX 77002 713-650-3850 Fax: 713-650-3851 fax ATTORNEY TO BE NOTICED

Page 11: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

Robert B Amidon Attorney at Law 2550 N Hollywood Way Ste 502 Burbank, CA 91505-1055 818-558-4444 ATTORNEY TO BE NOTICED

Defendant

Deloitte & Touche LLP represented by Robb L Voyles Baker Botts LLP 98 San Jacinto Blvd Ste 1500 Austin, TX 78701 512-322-2500 Fax: 512-322-2501 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Ronald W Batchelder in his capacity as Trustee of the Burgess Family Trust

represented by Thomas A Hawbaker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/18/1999 1 COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 487270 (bchurchill) (Entered: 02/19/1999)

02/18/1999 2 Order setting Initial Pretrial and Scheduling Conference on 1:30 5/28/99 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. ( Signed by Judge Nancy F. Atlas ) Party filing case notified. (bchurchill) (Entered: 02/19/1999)

02/18/1999 4 SUMMONS issued (bchurchill) (Entered: 02/19/1999)

03/04/1999 3 CERTIFICATE OF INTERESTED PARTIES by Kenneth Blau et al , filed. (hlerma) (Entered: 03/04/1999)

03/08/1999 SUMMONS issued (fmremp) (Entered: 03/08/1999)

03/22/1999 4 RETURN OF SERVICE executed as to Deloitte & Touche (agent, Tiffany Wortham) 3/15/99, filed; Answer due on 4/4/99 for Deloitte & Touche. (ddarneille) (Entered: 03/22/1999)

Page 12: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

03/30/1999 5 UNOPPOSED MOTION for Robb Voyles to appear as counsel by Deloitte & Touche, Motion Docket Date 4/19/99 [5-1] motion , filed. (psmith) (Entered: 03/30/1999)

03/30/1999 6 CERTIFICATE Of Interested Parties, by Deloitte & Touche , filed. (psmith) (Entered: 03/30/1999)

04/01/1999 7 ORDER granting [5-1] motion for Robb Voyles to appear as counsel , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 04/02/1999)

04/05/1999 8 AGREED MOTION to enlarge of time to respond to Class Action Complaint by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Deloitte & Touche , filed. (fmremp) (Entered: 04/05/1999)

04/12/1999 9 ORDER granting [8-1] agreed motion to enlarge of time to respond to Class Action Complaint. The answer date is extended to 5/3/99 for Deloitte & Touche , entered; Parties notified. ( by Judge Nancy F. Atlas ) (psmith) (Entered: 04/13/1999)

04/16/1999 10 RETURN OF SERVICE executed as to William H Burgess 3/11/99 filed Answer due on 3/31/99 for William H Burgess (fmremp) (Entered: 04/19/1999)

04/16/1999 11 RETURN OF SERVICE executed as to William J McFarland 3/11/99 filed Answer due on 3/31/99 for William J McFarland (fmremp) (Entered: 04/19/1999)

05/03/1999 12 AGREED MOTION for further extension of time within which to answer or move by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Deloitte & Touche , filed. (fmremp) (Entered: 05/03/1999)

05/04/1999 13 MOTION for appointment of movants as lead plaintiffs , and for approval of lead plaintiffs' choice of lead counsel by Movants Thomas O Meyer, Walter D Hoffman, John T Uhran, Carol Trenham, Richard D Smith, Ray Trenham, A Davis Davis, Marguerite J Calbo, Leonard J James P MaGuire, Gerald E Finnell, Andrew J Colace, T LaCour, Motion Docket Date 5/24/99 [13-1] motion, 5/24/99 [13-2] motion , filed. (fmremp) (Entered: 05/04/1999)

05/04/1999 14 MOTION for entry of order regarding scheduling by Plaintiffs Kenneth Blau, Dean Harvey, Motion Docket Date 5/24/99 [14-1] motion , filed. (fmremp) (Entered: 05/04/1999)

05/04/1999 15 MEMORANDUM OF LAW by Movants Thomas O Meyer, Walter D Hoffman, John T Uhran, Carol Trenham, Richard D Smith, Ray Trenham, A Davis Davis, Marguerite J Calbo, Leonard J Calbo, James P Gerald E Finnell, Andrew J Colace, T Robert LaCour in support of [13-1] motion for appointment of movants as lead plaintiffs, [13-2] motion for approval of lead plaintiffs' choice of lead counsel, filed (fmremp) (Entered: 05/04/1999)

05/04/1999 16 DECLARATION of Jeffrey S Nobel by Movants Thomas O Meyer, Walter D Hoffman, John T Uhran, Carol Trenham, Richard D Smith, Ray Trenham, A Davis Davis, Marguerite J Calbo, Leonard J Calbo, James P MaGuire, E Finnell, Andrew J Colace, T Robert LaCour in suppor of [13-1] motion for appointment of movants as lead plaintiffs, motion for approval of lead plaintiffs' choice of lead counsel, filed (fmremp) (Entered: 05/04/1999)

Page 13: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

05/04/1999 17 RETURN OF SERVICE of Summons & Complaint executed as to Deloitte & Touche 4/28/99 filed Answer due on 5/18/99 (fmremp) (Entered: 05/04/1999)

05/04/1999 18 ORDER granting [12-1] agreed motion for further extension of time within which to answer or move reset answer due for 6/30/99 for Deloitte & Touche , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 05/06/1999)

05/06/1999 19 NOTICE of Lodging of Original Signature Page to Declaration of Jeffrey S Nobel in support of Motion for Appointment of Lead Plaintiffs and For Approval of Lead Plaintiffs' Choice of Lead Counsel by Plaintiffs Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, filed (fmremp) (Entered: 05/06/1999)

05/12/1999 20 UNOPPOSED MOTION for enlargement of time to answer or otherwise plead by Defendant William McFarland, Motion Docket Date 6/1/99 [20-1] motion , filed. (fmremp) (Entered: 05/13/1999)

05/17/1999 21 ORDER granting [20-1] motion for enlargement of time to answer or otherwise plead , entered; The time within which dft may answer, move, or otherwise plead in response to pltfs' Class Action Complaint is extended through the later of (i) June 30, 1999, or (ii) the time provided by any order entered pursuant to pltfs' Motion for Entry of Order Regarding Scheduling. Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 05/18/1999)

05/25/1999 22 ORDER granting [13-1] motion for appointment of lead plaintiffs and [13-2] motion for approval of lead plaintiffs' choice of Schatz & Nobel PC as lead counsel , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (ltien) (Entered: 05/25/1999)

05/25/1999 23 ORDER granting pltfs' [14-1] motion for entry of order regarding scheduling; within 45 days after Court enters an order appointing lead pltfs' counsel, pltfs shall file an amended complaint. Defts have 45 days from the date of service to answer. The initial pretrial and scheduling conference set for 5/28/99 along with the filing of the Rule 26(f) Report are postponed and will be rescheduled following a ruling on the Lead Pltf Motion and following any motions to dismiss filed by defts, terminated deadlines , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (ltien) (Entered: 05/25/1999)

06/28/1999 24 MOTION to extend time until 7/31/99 to serve deft Douglas Murphy , and for substitute service by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Motion Docket Date 7/18/99 [24-1] motion, 7/18/99 [24-2] motion , filed. (ltien) (Entered: 06/28/1999)

07/01/1999 25 ORDER entered GRANTING pltfs' [24-1] motion to extend time to serve deft Douglas Murphy and [24-2] motion for substitute service. Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 07/01/1999)

07/07/1999 26 MOTION for extension of time to file an amended complaint by Lead Plaintiffs Kenneth Blau, et al Motion Docket Date 7/27/99 [26-1] motion , filed. (fmremp) (Entered: 07/07/1999)

07/12/1999 27 ORDER entered GRANTING [26-1] motion for extension of time to file an amended complaint setting amended complaint due for 9/30/99 . Parties notified.

Page 14: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

(signed by Judge Nancy F. Atlas) (aainsworth) (Entered: 07/12/1999)

07/27/1999 28 ANSWER to Class Action Complaint by Douglas Murphy (Added attorney Richard L Fuqua II), filed.; jury demand (ltien) (Entered: 07/27/1999)

07/29/1999 29 SUPPLEMENTAL Certificate of Service to [28-1] answer filed by Douglas Murphy. (aainsworth) (Entered: 07/29/1999)

07/30/1999 30 MOTION for Mark S. Givens to appear pro hac vice filed by Thomas A Whitlock. Motion Docket Date 8/19/99 [30-1] motion . (aainsworth) (Entered: 07/30/1999)

07/30/1999 31 MOTION for Robert B. Amidon to appear pro hac vice filed by Thomas A Whitlock. Motion Docket Date 8/19/99 [31-1] motion . (aainsworth) (Entered: 07/30/1999)

08/02/1999 32 ORDER entered GRANTING deft's [31-1] motion for Robert B. Amidon to appear pro hac vice. Parties notified. (signed by Judge Nancy F. Atlas) (aainsworth) (Entered: 08/03/1999)

08/02/1999 33 ORDER entered GRANTING deft's [30-1] motion for Mark S. Givens to appear pro hac vice. Parties notified. (signed by Judge Nancy F. Atlas) (aainsworth) (Entered: 08/03/1999)

09/01/1999 34 UNOPPOSED MOTION for Craig Averch to withdraw as attorney , and to substitute attorney J Robert Arnett by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Motion Docket Date 9/21/99 [34-1] motion, 9/21/99 [34-2] motion , filed. (psmith) (Entered: 09/01/1999)

09/07/1999 35 ORDER entered GRANTING pltf's[34-1] motion for Craig Averch to withdraw as attorney and GRANTING [34-2] motion to substitute attorney J Robert Arnett. Added James Robert Arnett II. Parties notified. (signed by Judge Nancy F. Atlas) (aainsworth) Modified on 09/13/1999 (Entered: 09/07/1999)

09/23/1999 36 MOTION for an extension of time to file an amended complaint by "The Lead Plaintiffs", Motion Docket Date 10/13/99 [36-1] motion , filed. (fmremp) (Entered: 09/23/1999)

10/05/1999 37 ORDER granting pltfs' [36-1] motion for an extension of time to file an amended complaint lead pltfs shall file and serve their amended counterclaim by 11/30/99 , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 10/06/1999)

10/08/1999 38 MOTION for reconsideration of [37-2] order by Deft William J McFarland, Motion Docket Date 10/28/99 [38-1] motion , filed. (fmremp) (Entered: 10/12/1999)

10/08/1999 38 OPPOSITION by Deft William J McFarland to the [36-1] motion for an extension of time to file an amended, filed (fmremp) (Entered: 10/12/1999)

10/15/1999 39 MOTION for Andrew M Schatz, Jeffrey S Nobel and Andrew A Turret appear pro hac vice by Lead Pltfs Kenneth Blau, et als, Motion Docket Date 11/4/99 [39-1] motion , filed. (fmremp) (Entered: 10/15/1999)

10/15/1999 40 RESPONSE by Pltfs Kenneth Blau, etals to [38-1] motion for reconsideration of [37-2] order, filed. (fmremp) (Entered: 10/15/1999)

Page 15: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

10/15/1999 40 REPLY by Pltfs Kenneth Blau, etals to the opposition of Bill J McFarland to [36-1] motion for an extension of time to file an amended complaint, filed (fmremp) (Entered: 10/15/1999)

10/19/1999 41 REPLY by William J McFarland to Pltfs response to [38-1] motion for reconsideration of [37-2] order, and Reply To Opposition of Bill McFarland to [36-1] motion for an extension of time to file an amended complaint , filed (psmith) (Entered: 10/19/1999)

10/20/1999 42 ORDER that Deft McFarland's [38-1] motion for reconsideration of [37-2] order is DENIED and the 11/1/99 deadline imposed on Pltfs to file their amended complaint remains unchanged, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 10/21/1999)

10/20/1999 43 ORDER granting [39-1] motion for Andrew M Schatz, Jeffrey S Nobel and Andrew A Turret appear pro hac vice for Pltfs, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 10/21/1999)

10/27/1999 44 ORDER that Deft McFarland's [38-1] motion for reconsideration of [37-2] order is DENIED, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 10/28/1999)

11/30/1999 45 AMENDED COMPLAINT by Kenneth Blau ,(Answer due 12/10/99 for Deloitte & Touche, for Thomas A Whitlock, for William H Burgess, for William J McFarland, for Douglas Murphy ) amending [1-1] complaint , filed. (hcarr) (Entered: 11/30/1999)

12/20/1999 Rec'd and fwrd to CRD Motion and Order for admission Pro Hac Vice from Thomas A. Hawbaker to appear as counsel for Deft, William H. Burgess (hcarr) (Entered: 12/20/1999)

12/22/1999 46 ORDER GRANTING motion to appear pro hac vice by Deft William Burgess; Thomas A. Hawbaker admitted pro hac vice, provided he familiarizes himself with the District's Local Rules and this Court's procedures; entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (hcarr) (Entered: 12/22/1999)

01/11/2000 47 JOINT MOTION to extend time to respond to Amended Complaint by Kenneth Blau, et al., and Deft Douglas Murphy , et al., filed (hcarr) (Entered: 01/12/2000)

01/12/2000 48 AGREED MOTION to extend time to respond to amended complaint by Deloitte & Touche , filed. (hlerma) (Entered: 01/12/2000)

01/14/2000 49 ORDER GRANTING [47-1] joint motion to extend time to respond to Amended Complaint set answer due for 2/25/00 for Thomas A Whitlock, for William H Burgess, for William J McFarland, for Douglas Murphy , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (hcarr) (Entered: 01/18/2000)

01/18/2000 50 ORDER GRANTING [48-1] agreed motion to extend time to respond to amended complaint reset answer due for 2/25/00 for Deloitte & Touche , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (hcarr) (Entered: 01/18/2000)

01/21/2000 51 NOTICE of attorney appearance for Douglas Murphy by Joseph A Kral, filed (hcarr) (Entered: 01/21/2000)

Page 16: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

02/09/2000 52 ORDER pretrial conference set at 2:00 pm on 3/10/00 before Judge Nancy F. Atlas , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 02/10/2000)

02/22/2000 53 STATEMENT OF FACT OF DEATH of William H. Burgess , filed by Thomas Hawbaker. (leddins) (Entered: 02/22/2000)

02/25/2000 54 JOINT MOTION for extension of time for Defts to respond to Pltfs' Amended Class Action Complaint by William J McFarland, Thomas A Whitlock, William H Burgess, Douglas Murphy and Deloitte & Touche, filed (fmremp) (Entered: 02/25/2000)

02/29/2000 55 ORDER granting [54-1] joint motion for extension of time for Defts to respond to Pltfs' Amended Class Action Complaint reset answer due for 4/10/00 for Deloitte & Touche, for Thomas A Whitlock, for William H Burgess, for William J McFarland, for Douglas Murphy , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (leddins) (Entered: 02/29/2000)

03/10/2000 56 MINUTES of Pretrial Conference, HEARING AND ORDER held before Judge Atlas on 3/10/00: Attorney Appearances by Arnett, Selwyn and Nobel f/Pltfs, Kral, Miller & Voyles f/Defts, Kathy Metzger - Ct Rptr, another pretrial conference set 8/11/00 at 1:00 pm before Judge Nancy F. Atlas , entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 03/15/2000)

03/17/2000 57 NOTICE of attorney appearance for Thomas A Whitlock by Douglas M Selwyn, filed (hcarr) (Entered: 03/17/2000)

04/10/2000 58 RULE 12(b)(6) MOTION to dismiss for failure to state a claim by Thomas A Whitlock, Motion Docket Date 4/30/00 [58-1] motion , filed. (ddarneille) (Entered: 04/10/2000)

04/10/2000 59 RULE 12(b)(6) MOTION with memorandum in support to dismiss for failure to state a cliam by Douglas Murphy, Motion Docket Date 4/30/00 [59-1] motion , filed. (ddarneille) (Entered: 04/10/2000)

04/10/2000 60 MOTION to dismiss claims against deft Bill J McFarland by William J McFarland, Motion Docket Date 4/30/00 [60-1] motion , filed. (ddarneille) (Entered: 04/10/2000)

04/19/2000 61 TRANSCRIPT OF PROCEEDINGS of PRETRIAL CONFERENCE for dates of March 10, 2000 before Judge Nancy Atlas , filed. ( Court Rptr: K Metzger) (psmith) (Entered: 04/20/2000)

05/11/2000 Deadline updated; Response to motion reset to 5/22/00 for [60-1] motion to dismiss claims against deft Bill J McFarland, reset to 5/22/00 for [59-1] motion to dismiss for failure to state a cliam, reset to 5/22/00 for [58-1] motion to dismiss for failure to state a claim , Reply to Response to Motion set to 6/5/00 for [60-1] motion to dismiss claims against deft Bill J McFarland, set to 6/5/00 for [59-1] motion to dismiss for failure to state a cliam, set to 6/5/00 for [58-1] motion to dismiss for failure to state a claim , Motion Docket Date 5/22/00 [60-1] motion to dismiss claims against deft Bill J McFarland, 5/22/00 [59-1] motion to dismiss for failure to state a cliam, 5/22/00 [58-1] motion to dismiss for failure to state a claim (leddins) (Entered: 05/12/2000)

Page 17: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

05/17/2000 62 UNOPPOSED MOTION to extend time to file responses in opposition to the motions to dismiss filed by certain defts to 6/6/00 , and replies on in support of the motions to dismiss to 6/20/00 and to reschedule pretrial conference by Lead Pltf(s) Kenneth Blau, Motion Docket Date 6/6/00 [62-1] motion, 6/6/00 [62-2] motion, 6/6/00 [62-3] motion , filed. (fmremp) (Entered: 05/17/2000)

05/19/2000 63 ORDER entered GRANTING Pltfs. [62-1] motion to extend time to file responses in opposition to the motions to dismiss filed by certain defts to 6/6/00, GRANTING Pltfs. [62-2] motion replies on in support of the motions to dismiss to 6/20/00, GRANTING Pltfs. [62-3] motion to reschedule pretrial conference Response motion reset to 6/6/00 for [60-1] motion to dismiss claims against deft Bill J McFarland, reset to 6/6/00 for [59-1] motion to dismiss for failure to state a cliam, reset to 6/2/00 for [58-1] motion to dismiss for failure to state a claim , Reply to Response to Motion set to 6/20/00 for [60-1] motion to dismiss claims against deft Bill J McFarland, set to 6/20/00 for [59-1] motion to dismiss for failure to state a cliam, set to 6/20/00 for [58-1] motion to dismiss for failure to state a claim , reset pretrial conference for 1:00 9/8/00 before Judge Nancy F. Atlas ; Parties notified. ( signed by Judge Nancy F. Atlas ) (leddins) (Entered: 05/22/2000)

05/19/2000 Deadline updated; Motion Docket Date 6/20/00 [60-1] motion to dismiss claims against deft Bill J McFarland, 6/20/00 [59-1] motion to dismiss for failure to state a cliam, 6/20/00 [58-1] motion to dismiss for failure to state a claim (leddins) (Entered: 05/22/2000)

06/06/2000 64 Pltfs' RESPONSE and Memorandum of Law in Opposition by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Thomas O Meyer, Walter D Hoffman, John T Carol Trenham, Ray Trenham, A Davis Davis, Marguerite J Calbo, Leonard J Calbo, James P MaGuire, Gerald E Finnell, Andrew J Colace, T Robert LaCour to Motions to Dismiss ([59-1] motion to dismiss for failure to state a cliam, [60-1] motion to dismiss claims against deft Bill J McFarland, [58-1] motion to dismiss for failure to state a claim), filed. (fmremp) (Entered: 06/07/2000)

06/06/2000 65 Compendium of Unreported Decisions Cited in Pltfs' [64-1] Memorandum of Law in Opposition to Motions to Dismiss by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Thomas O Meyer, Walter D Hoffman, John T Uhran, Carol Trenham, Ray Trenham, A Davis Davis, Marguerite J Calbo, Leonard J James P MaGuire, Gerald E Finnell, Andrew J Colace, T LaCour , filed. (fmremp) (Entered: 06/07/2000)

06/06/2000 66 MOTION for leave to file Consolidated Response in Opposition to Motions to Dismiss Exceeding Page Limitation by Pltfs Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Thomas O Meyer, Walter D Hoffman, John T Uhran, Carol Trenham, Richard D Smith, Ray Trenham, A Davis Davis, Marguerite J Calbo, Leonard J Calbo, James P MaGuire, E Finnell, Andrew J Colace, T Robert LaCour, Motion Docket Date 6/26/00 [66-1] motion , filed. (fmremp) (Entered: 06/07/2000)

06/08/2000 67 ORDER entered GRANTING Pltfs. [66-1] motion for leave to file Consolidated Response in Opposition to Motions to Dismiss Exceeding Page Limitation ; Parties notified. (signed by Judge Nancy F. Atlas ) (leddins) (Entered: 06/09/2000)

Page 18: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

06/15/2000 68 AGREED MOTION for extension of time to reply to pltfs' response to Defts' motions to dismiss , and to reset pretrial conference by Defts Douglas Murphy, William J McFarland and Thomas A Whitlock, filed. (fmremp) (Entered: 06/15/2000)

06/16/2000 69 ORDER entered GRANTING the [68-1] agreed motion for extension of time to reply to pltfs' response to Defts' motions to dismiss and the [68-2] agreed motion to reset pretrial conference. Defts Bill McFarland, Thomas Whitlock and Douglas Murphy's Reply to Pltfs Response to Motion set to 7/7/00 for [60-1] to dismiss claims against deft Bill J McFarland, for [59-1] motion to dismiss for failure to state a claim, for [58-1] motion to dismiss for failure to state a claim . The pretrial conference is reset for 1:00 9/22/00 , Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 06/20/2000)

06/20/2000 70 ORDER TO SHOW CAUSE: Pltfs shall inform the court of their intentions to continue against the estate of Deft William Burgess and Deloitte & Touche by 6/30/00 . Deft to file an answer to the amended complaint by 7/17/00 for William H Burgess, for Deloitte & Touche . Pltf shall respond to the motions filed by Burgess or D&T addressing the amended complaint by 8/7/00 and moving Defts shall reply by 8/18/00. No futher extensions for responding to the Amended Complaint or motions to dismiss will be granted. Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 06/21/2000)

06/29/2000 71 RESPONSE by Kenneth Blau et al to [70-3] order to show cause, filed. (ltien) Modified on 06/29/2000 (Entered: 06/29/2000)

06/29/2000 72 MOTION to substitute Ronald W Batchelder, Trustee of the Burgess Family Trust, as party deft in place of William H Burgess, deceased by Kenneth Blau et al, Motion Docket Date 7/19/00 [72-1] motion , filed. (ltien) (Entered: 06/29/2000)

07/07/2000 73 REPLY by Thomas A Whitlock to Pltfs' Opposition to Whitlock's [58-1] Rule 12(b)(6) Motion to Dismiss For Failure To State a Claim, filed (fmremp) (Entered: 07/07/2000)

07/07/2000 74 REPLY by Douglas Murphy in support of [59-1] motion to dismiss for failure to state a claim, and Memorandum In Support, filed. (psmith) (Entered: 07/07/2000)

07/07/2000 75 REPLY by William J McFarland to Pltfs response to [60-1] motion to dismiss claims against deft Bill J McFarland , filed (psmith) (Entered: 07/10/2000)

07/17/2000 76 ANSWER by Douglas Murphy to amended class action complaint, filed. (ddarneille) (Entered: 07/17/2000)

07/26/2000 77 NOTICE of Motion and MOTION to dismiss amended class action complaint by Ronald W Batchelder, Motion Docket Date 8/15/00 [77-1] motion , filed. (psmith) (Entered: 07/26/2000)

07/26/2000 78 REQUEST For Judicial Notice in Support of his Motion to Dismiss Pltfs Amended Class Action Complaint, by Ronald W Batchelder, filed. (in brown expandable folder) (psmith) (Entered: 07/26/2000)

07/27/2000 79 MEMORANDUM OF POINTS AND AUTHORITIES by Deft Ronald W Batchelder in support of [77-1] motion to dismiss amended class action complaint, filed (fmremp) (Entered: 07/27/2000)

Page 19: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

07/30/2000 80 ORDER granting [72-1] motion to substitute Ronald W Batchelder, Trustee of the Burgess Family Trust, as party deft in place of William H Burgess, deceased, entered; Parties notified. (signed by Judge Nancy F. Atlas) (ddarneille) (Entered: 07/31/2000)

08/11/2000 81 RESPONSE AND MEMORANDUM OF LAW by Kenneth Blau, et al in opposition to Ronald W. Batchelder's [77-1] motion to dismiss amended class action complaint , filed (fmremp) Modified on 08/11/2000 (Entered: 08/11/2000)

08/11/2000 82 REQUEST by Kenneth Blau, et al for Judicial Notice , filed. (fmremp) (Entered: 08/11/2000)

08/17/2000 Deadline updated; Reply to Response to Motion set to 8/25/00 for [77-1] motion to dismiss amended class action complaint (fmremp) (Entered: 08/17/2000)

08/25/2000 83 REPLY by Ronald W Batchelder in support of [77-1] motion to dismiss amended class action complaint , filed. (fmremp) (Entered: 08/25/2000)

08/28/2000 84 Agreed MOTION to enlarge time to file reply in support of his motion to dismiss pltfs amended class action complaint by Ronald W Batchelder, Motion Docket Date 9/17/00 [84-1] motion , filed. (psmith) (Entered: 08/28/2000)

08/30/2000 85 ORDER granting deft Batchelder's [84-1] motion to enlarge time to file reply in support of his motion to dismiss pltfs amended class action complaint, entered. The time which Mr. Batchelder shall file his reply to pltfs' response and memo of law in opposition to the motion of Ronald Batchelder is extended from 8/18/00 to 8/25/00. Parties notified. (signed by Judge Nancy F. Atlas) (sguevara) (Entered: 08/31/2000)

09/11/2000 86 MEMORANDUM AND ORDER denying [77-1] motion to dismiss amended class action complaint; denying [60-1] motion to dismiss claims against deft Bill J McFarland; denying [59-1] motion to dismiss for failure to state a claim; denying [58-1] motion to dismiss for failure to state a claim terminated deadlines , entered. Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 09/11/2000)

09/21/2000 Deadline updated; reset pretrial conference for 1:00 on 10/13/00 before Judge Nancy F. Atlas per telephone conference with counsel. sa (fmremp) (Entered: 09/21/2000)

09/21/2000 87 AGREED MOTION for extension of time for defts to answer pltfs' amended class action complaint by William J McFarland , filed. (sguevara) (Entered: 09/21/2000)

09/25/2000 88 ORDER: granting [87-1] agreed motion for extension of time for defts to answer pltfs' amended class action complaint ; reset answer due for 10/5/00 for Defts William J McFarland, Thomas A Whitlock, Ronald W Batchelder, and Douglas Murphy , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 09/25/2000)

10/05/2000 89 ANSWER by Ronald W Batchelder to pltfs' amended class action complaint, filed. (ddarneille) (Entered: 10/06/2000)

10/05/2000 90 AMENDED ANSWER and affirmative defenses to amended class action Complaint by Douglas Murphy: amends [76-1] complaint answer, filed; jury demand. (ddarneille) (Entered: 10/06/2000)

Page 20: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

10/05/2000 91 ANSWER to Complaint by William J McFarland, filed. (ddarneille) (Entered: 10/06/2000)

10/06/2000 92 ANSWER and Defenses by Thomas A Whitlock, to amended complaint, filed. (sguevara) (Entered: 10/10/2000)

10/06/2000 93 DISCLOSURE OF INTERESTED PERSONS by Douglas Murphy, William J McFarland, William H Burgess, Thomas A Whitlock , filed. (sguevara) (Entered: 10/10/2000)

10/10/2000 94 JOINT DISCOVERY/Case Management Plan by Kenneth Blau, Douglas Murphy , filed. (leddins) (Entered: 10/10/2000)

10/13/2000 95 Minute Entry Order: Apps: J Arnett II, J Noble f/pltfs, J Kral f/deft Douglas Murphy, G Miller f/deft William McFarland, T Hawbaker f/defts Burgess and Batchelder, D Selwyn f/deft Thomas Whitlock. Pretrial conference held. Case is administratively closed for sixty days. Only written discovery may be served. Responses are not due for at least 70 days. Parties to submit to the Court a proposed docket control order within thirty days. terminated deadlines Ct Reporter: K Metzger, entered. Parties ntfd. (signed by Judge Nancy F. Atlas) (ddarneille) (Entered: 10/16/2000)

10/13/2000 Case closed (psmith) (Entered: 10/26/2000)

11/13/2000 Rec'd and frwd to CRD: (proposed joint) docket control order (sguevara) (Entered: 11/13/2000)

11/16/2000 96 DOCKET CONTROL ORDER: Ett: 15 Days/Jury ; Mediation/ADR 1/13/01 ; Amendments to Pleadings 3/30/01 ; Expert Witnesses/Reports 10/15/01 ; Expert Witnesses/Reports 11/15/01 ; Completion of Discovery 12/15/01 ; Dispositive Motions 1/15/02 ; All Other Pretrial Motions (including Daubert motions, but not including other motions in limine) 1/15/02 ; Joint Pretrial Order 4/19/02 ; Docket Call 4/26/02 at 4:00 pm before Judge Nancy F. Atlas, entered. Parties notified. ( Signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 11/17/2000)

03/15/2001 97 INITIAL DISCLOSURE by Douglas Murphy , filed. (sguevara) (Entered: 03/15/2001)

10/10/2001 98 MOTION to modify docket control order by Kenneth Blau, Michael Portnoy et al, Motion Docket Date 10/30/01 [98-1] motion , filed. (ltien) (Entered: 10/15/2001)

11/19/2001 99 ORDER granting pltfs' [98-1] motion to modify docket control order , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (sguevara) (Entered: 11/20/2001)

11/19/2001 100 SCHEDULING ORDER setting Mediation deadline 10/25/02; Pltf expert witness list submitted by 4/15/02 ; Deft expert witness list submitted by 5/15/02 ; Discovery cutoff 6/17/02 ; Deadline for filing all dispositive motions 7/15/02 ; Deadline for filing non-dispositive motions 7/15/02 ; Joint Pretrial order to be submitted on or before 10/18/02 ; Docket call is set for 4:00 pm on 10/25/02 before Judge Nancy F. Atlas , entered. Parties notified. Trial Term: 15 days (jury) ( Signed by Judge Nancy F. Atlas ) (sguevara) (Entered: 11/20/2001)

12/07/2001 MAIL RETURNED UNDELIVERABLE as to Thomas A. Hawbaker for Ronald

Page 21: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

W Batchelder re: [99-1] order (RTS; attempted; not known) (sguevara) (Entered: 12/11/2001)

12/07/2001 MAIL RETURNED UNDELIVERABLE as to Ronald W Batchelder re: [100-1] Scheduling order (RTS; attempted; not known) (sguevara) (Entered: 12/11/2001)

06/17/2002 101 PARTIES STATUS REPORT by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey , filed. (sfedele) (Entered: 06/20/2002)

02/18/2003 102 STIPULATION re: of Settlement by Kenneth Blau, Michael Portnoy, Wendell Strahan, Dean Harvey, Douglas Murphy, William J McFarland, William H Burgess, Thomas A Whitlock, Deloitte & Touche, Thomas O Meyer, Walter D Hoffman, John T Uhran, Carol Trenham, Richard D Smith, Ray Trenham, A Davis Davis, Marguerite J Calbo, Leonard J Calbo, James P MaGuire, Gerald E Finnell, Andrew J Colace, T Robert LaCour, Ronald W Batchelder , filed.(rec'd 2/26/03) (sfedele) (Entered: 02/26/2003)

02/21/2003 103 ORDER preliminarily approving settlement and providing for notice settlement hearing 2:30 5/30/03 before Judge Nancy F. Atlas , entered; Nolater than 21 business days after the entry of this order, lead counsel shall cause a copy of the notice and the proof of claim, substantially in the form annexed as Exhibits A-1 and A-2, to be mailed by first class mail to all Class Members who can be identified with reasonable effort;not later than 14 business days after the notice date, lead counsel shall cause the summary notice, substantially in the form annexed as Exhibit A-3, to be published once in the national edition of the Wall STreet Journal and not later than 7 days prior to the Settlement hearing, lead counsel shall serve on counsel for the defts and file with the court proof, by affidavit or declaration of such mailing and publishing. Parties notified. ( signed by Judge Nancy F. Atlas ) (sfedele) (Entered: 02/26/2003)

05/23/2003 104 MOTION for leave to exceed page limit , by Kenneth Blau, Michael Portnoy, Wendell Strahan, Motion Docket Date 6/12/03 [104-1] motion , filed. (psmith) (Entered: 05/27/2003)

05/23/2003 105 APPLICATION by Pltfs Lead Counsel for an award of attorney fees , for costs and expenses , by Kenneth Blau, Michael Portnoy, Wendell Strahan, Motion Docket Date 6/12/03 [105-1] motion, 6/12/03 [105-2] motion , filed. (psmith) (Entered: 05/27/2003)

05/23/2003 106 MEMORANDUM Of Law by Kenneth Blau, Michael Portnoy, Wendell Strahan in support of Proposed Class Action Settlement and [105-1] motion for an award of attorney fees, [105-2] motion for costs and expenses , filed (psmith) (Entered: 05/27/2003)

05/23/2003 107 DECLARATION of Jeffrey S Nobel In Support of Proposed Class Action Settlement and [105-1] motion for an award of attorney fees, [105-2] motion for costs and expenses , filed. (psmith) (Entered: 05/27/2003)

05/23/2003 108 COMPENDIUM Of Unreported Cases, by Kenneth Blau, Michael Portnoy, Wendell Strahan , filed. (psmith) (Entered: 05/27/2003)

05/30/2003 109 FINAL JUDGMENT , entered. Judgement incorporates by reference the definitions of the stipulation and terms as set forth in the Stipulation and this order. Parties

Page 22: U.S. District Court Southern District of Texas (Houston)securities.stanford.edu/filings-documents/1009/... · Individually Wendell Strahan and on behalf of a class of others similarly

ntfd. ( signed by Judge Nancy F. Atlas ) (sfedele) (Entered: 06/02/2003)

05/30/2003 110 ORDER terminating pltf's [105-1] motion for an award of attorney fees terminating [105-2] motion for costs and expenses , entered; Pltf's counsel is awarded attorney's fees in the amount of $47,250.00 as set forth and expenses in the amoun of $43,598.00 . Pltf's counsel is awarded 30% of any amounts recovered as set forth. Parties notified. ( signed by Judge Nancy F. Atlas ) (sfedele) (Entered: 06/02/2003)

05/30/2003 Case closed (sfedele) (Entered: 06/02/2003)

05/30/2003 111 Minute Entry Order: SETTLEMENT CONFERENCE held. Counsel appeared. Court approves settlement. terminated deadlines Ct Reporter: ERO , entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (psmith) (Entered: 06/03/2003)

05/30/2003 112 ORDER granting Pltfs [104-1] motion for leave to exceed page limit , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 06/03/2003)

06/02/2003 113 AMENDED ORDER granting Pltfs [105-1] motion for an award of attorney fees, granting [105-2] motion for costs and expenses , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 06/03/2003)

06/17/2003 MAIL RETURNED UNDELIVERABLE as to Thomas A Hawbaker attorney for William H Burgess, Ronald W Batchelder re: [112-1] order, marked return to sender (sfedele) (Entered: 06/18/2003)

06/17/2003 MAIL RETURNED UNDELIVERABLE as to Thomas A Hawbaker attorney for William H Burgess, Ronald W Batchelder re: [113-1] order, marked return to sender (sfedele) (Entered: 06/18/2003)

06/17/2003 MAIL RETURNED UNDELIVERABLE as to Thomas A Hawbaker attorney for William H Burgess, Ronald W Batchelder re: [111-2] minute entry order, marked return to sender (sfedele) (Entered: 06/18/2003)

06/23/2003 MAIL RETURNED UNDELIVERABLE as to Thomas A Hawbaker attorney for William H Burgess, Ronald W Batchelder re: [109-1] order, return to sender, attempted not known (sfedele) (Entered: 06/24/2003)

06/23/2003 MAIL RETURNED UNDELIVERABLE as to Thoomas A Hawbaker attorney for William H Burgess, Ronald W Batchelder re: [110-1] order, marked RTS attempted not known (sfedele) (Entered: 06/24/2003)

Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html