ATTORNEY TO BE NOTICED

Mario Alba , JrRobbins Geller Rudman & Dowd LLP(LI)58 South Service RoadSuite 200Melville, NY 11747631-367-7100Fax: 631-367-1173Email: malba@rgrdlaw.comATTORNEY TO BE NOTICED

V.

Movant

The Brualdi Law Firm, P.C. represented by Richard B. BrualdiThe Brualdi Law Firm29 Broadway, Suite 2400New York, NY 10006(212) 952-0602Fax: (212) 952-0608Email: rbrualdi@brualdilawfirm.comATTORNEY TO BE NOTICED

Movant

Meister Seelig & Fein LLP represented by Meister Seelig & Fein LLPPRO SE

Howard Steven KohMeister Seelig & Fein LLP (45th St.)2 Grand Central Tower, 140 East 45thStreet, 19th floorNew York, NY 10017(212)-655-3587Fax: (646)-539-3687Email: howard.koh@meisterseelig.comTERMINATED: 0 7/13/2 010LEAD ATTORNEY

V.

Defendant

INYX Inc. represented by Jonathan Marc DavidoffDavidoff Law Firm, PLLC116 West 23rd Street, Suite 500New York, NY 10011(212)-386-7602Fax: (212)-658-9852Email: jonathan@davidofflawfirm.com

TERMINATED: 11 /15 /2 010LEAD ATTORNEY

Martin Paul RussoButzel Long, P.C. (NYC)380 Madison Avenue22nd FloorNew York, NY 10017(212)959-1110Fax: (212)818-0494Email: mrusso@gkblaw.comLEAD ATTORNEYATTORNEY TO BE NOTICED

Sarah Yeang KhuranaButzel Long, P.C. (NYC)380 Madison Avenue22nd FloorNew York, NY 10017(212)-323-8614Fax: (212) 818-0494Email: skhurana@gkblaw.comLEAD ATTORNEYATTORNEY TO BE NOTICED

Martin Edward KarlinskyKatten Muchin Rosenman,LLP(NYC)575 Madison AvenueNew York, NY 10022212-940-8800Fax: 212-940-8806Email: karlinsky@butzel.comTERMINATED: 01 /28 /2010ATTORNEY TO BE NOTICED

Defendant

Jack Kachkar represented by Jack Kachkar445 Grand Bay Drive No. 1210Key Biscayne, FL 33149(786) 972-6475Fax: (305) 365-7520PRO SE

Jonathan Marc Davidoff(See above for address)TERMINATED: 11 /15 /2010LEAD ATTORNEY

Martin Paul Russo(See above for address)

LEAD ATTORNEYATTORNEY TO BE NOTICED

Sarah Yeang Khurana(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Martin Edward Karlinsky(See above for address)TERMINATED: 01/28/2010ATTORNEY TO BE NOTICED

Defendant

Steven Handley

Defendant

Rima Goldschmidt represented by Rima Goldschmidt103 Overbrook Pl.Toronto M3H4P5OntarioPRO SE

Jonathan Marc Davidoff(See above for address)TERMINATED: 11/15/2010LEAD ATTORNEY

Martin Paul Russo(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Sarah Yeang Khurana(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Martin Edward Karlinsky(See above for address)TERMINATED: 01/28/2010ATTORNEY TO BE NOTICED

Defendant

David Zinn represented by Jeremy Adam ShureAckerman Senterfitt335 Madison Avenue, Suite 2600New York, NY 10017(212)880-3814Fax: (212)-880-8965

Email: jeremy.shure@akerman.comLEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Berkovits, Lago & Company L.L.P. represented by John H. EickemeyerVedder Price P.C. (NY)1633 Broadway47th FloorNew York, NY 10019212 407 7760Fax: 212 407 7799Email: jeickemeyer@vedderprice.comLEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Jay M. Green represented by Jay M. Green104 West Shore DrivePutnam Valley, NY 10579PRO SE

Jonathan Marc Davidoff(See above for address)TERMINATED: 11/15/2010LEAD ATTORNEY

Martin Paul Russo(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Sarah Yeang Khurana(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Martin Edward Karlinsky(See above for address)TERMINATED: 01/28/2010ATTORNEY TO BE NOTICED

Defendant

Berkovits & Company, LLP

Miscellaneous

Sarah Y Khurana

Miscellaneous

Partner Martin P Russo

Miscellaneous

Butzel Long, a professional corporation represented by Butzel Long, a professional corporationNon -party former counsel to defendants 380 Madison Ave

22nd FloorNew York, NY 10017PRO SE

Martin Edward KarlinskyButzel Long, P.C. (NYC)380 Madison Avenue22nd FloorNew York, NY 10017(212) 818-1110Fax: (212) 818-0494Email: karlinsky@butzel.comLEAD ATTORNEYATTORNEY TO BE NOTICED

Miscellaneous

Davidoff Law Firm, P.L.L.C. represented by Jonathan Marc Davidoff(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Jeffrey Eric GrossVandenberg & Feliu, LLP60 East 42nd Street,51 st FloorNew York, NY 10165(212) 763-6800Fax: (212) 763-6810Email: jgross@vanfeliu.comATTORNEY TO BE NOTICED

Miscellaneous

Jonathan Marc Davidoff represented by Jonathan Marc Davidoff(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Jeffrey Eric Gross(See above for address)ATTORNEY TO BE NOTICED

Date Filed # Docket Text

07/31/2008 1 COMPLAINT against INYX Inc., Jack Kachkar, Steven Handley, Rima Goldschmidt,David Zinn, Berkovits, Lago & Company L.L.P.. (Filing Fee $ 350.00, Receipt

Number 658726)Document filed by The Pennsylvania Avenue Funds.(jfe) (mbe).(Entered: 08/01/2008)

07/31/2008 SUMMONS ISSUED as to INYX Inc., Jack Kachkar, Steven Handley, RimaGoldschmidt, David Zinn, Berkovits, Lago & Company L.L.P.. (jfe) (Entered:08/01/2008)

07/31/2008 Magistrate Judge Michael H. Dolinger is so designated. (jfe) (Entered: 08/01/2008)

07/31/2008 Case Designated ECF. (jfe) (Entered: 08/01/2008)

07/31/2008 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by The Pennsylvania Avenue Funds. (jfe) (mbe). (Entered:08/01/2008)

08/04/2008 3 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for9/26/2008 at 10:15 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 8/4/08) (mme)(Entered: 08/04/2008)

08/19/2008 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Russell JamesGunyan for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case FilingRules & Instructions. E-MAIL the PDF for Document 2 Rule 7.1 CorporateDisclosure Statement, 1 Complaint to: case_openings@nysd.uscourts.gov . (lb)(Entered: 08/19/2008)

09/11/2008 4 NOTICE OF APPEARANCE by John H. Eickemeyer on behalf of Berkovits, Lago &Company L.L.P. (Eickemeyer, John) (Entered: 09/11/2008)

09/12/2008 5 ENDORSED LETTER addressed to Judge P. Kevin Castel from John H. Eickemeverdated 9/11/08 re: Counsel for defendant Berkovits Lago & Company, LLP to requestan enlargement of time within which to respond to the complaint until 10/6/08.ENDORSEMENT: Time for all defendants to answer or respond to the complaint isextended to October 6, 2008. (Signed by Judge P. Kevin Castel on 9/11/08) (tro)Modified on 9/22/2008 (tro). (Entered: 09/12/2008)

09/23/2008 6 ENDORSED LETTER addressed to Judge P. Kevin Castel from Mario Alba dated9/22/2008 re: Requesting an adjournment of the pretrial conference that is scheduledfor September 26, 2008 until after the Court appoints a lead plaintiff.ENDORSEMENT: Application granted, conference adjourned from September 26 toDecember 4 at 10:45 a.m. (Signed by Judge P. Kevin Castel on 9/22/2008) (jpo)(Entered: 09/23/2008)

09/25/2008 7 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT -MOTION for Extension of Time to File Answer Stipulation and Proposed OrderSubmitted by Plaintiff Pennsylvania Avenue Funds and Defendant David Zinn.Document filed by David Zinn.(Shure, Jeremy) Modified on 9/26/2008 (db). (Entered:09/25/2008)

09/25/2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENTERROR. Note to Attorney Jeremy Adam Shure to E-MAIL Document No. 7Stipulation to judgments@nysd.uscourts.gov . This document is not filed via ECF. (db)(Entered: 09/26/2008)

09/26/2008 8 STIPULATION AND ORDER FOR EXTENSION OF TIME; that Defendant DavidZinn's ("Zinn") time to answer, move or otherwise respond to the Complaint in theabove-captioned action is hereby extended for forty-five (45) days after first amendedcomplaint is filed, which will take place forty-five (45) days after entry of the Court'sorder appointing a lead plaintiff. The parties state that no previous extensions of timehave been sought. Additional relief as set forth in this Order. (Signed by Judge P.Kevin Castel on 9/26/08) (pl) (Entered: 09/26/2008)

10/09/2008 9 STIPULATION AND ORDER FOR EXTENSION OF TIME IT IS HEREBYSTIPULATED AND AGREED by and between the undersigned, that DefendantBerkovits Lago & Company's (BLC") time to answer, move or otherwise respond tothe Complaint in the above-captioned action is hereby extended for forty-five (45)days after an amended complaint is filed, which will take place forty-five (45) daysafter entry of the Court's order appointing a lead plaintiff. There has been one previousextension of BLCs time to respond, to October 6, 2008. The Court has previouslyentered a stipulated order similar to this one with respect to defendant David Zinn.(Signed by Judge P. Kevin Castel on 10/8/08) (mme) (Entered: 10/09/2008)

10/20/2008 10 MOTION to Appoint Robert A. Laughlin to serve as lead plaintiff(s). Document filedby The Brualdi Law Firm, P.C.. (Attachments: # 1 Text of Proposed Order)(Brualdi,Richard) (Entered: 10/20/2008)

10/20/2008 11 MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint Robert A.Laughlin to serve as lead plaintiff(s).. Document filed by The Brualdi Law Firm, P.C..(Brualdi, Richard) (Entered: 10/20/2008)

10/20/2008 12 FILING ERROR - DUPLICATED DOCKET ENTRY - DECLARATION of RichardB. Brualdi in Support re: 10 MOTION to Appoint Robert A. Laughlin to serve as leadplaintiff(s).. Document filed by The Brualdi Law Firm, P.C.. (Attachments: # 1 LossChart)(Brualdi, Richard) Modified on 10/20/2008 (kw). (Entered: 10/20/2008)

10/20/2008 13 DECLARATION of Richard B. Brualdi in Support re: 10 MOTION to AppointRobert A. Laughlin to serve as lead plaintiff(s).. Document filed by The Brualdi LawFirm, P.C.. (Attachments: # 1 Exhibit A - Loss Chart, # 2 Exhibit B - Notice, # 3Exhibit C - Certification, # 4 Exhibit D -Firm Resume)(Brualdi, Richard) (Entered:10/20/2008)

10/20/2008 14 AFFIDAVIT OF SERVICE of Notice of Motion; Memoradum of Law; Declaration &Exhibits; Proposed Order; Affidavit of Service served on The Pennsylvania Ave.Funds; David Zinn; Berkovits, Lago & Company, LLP on 10/20/08. Document filedby The Brualdi Law Firm, P.C.. (Brualdi, Richard) (Entered: 10/20/2008)

10/20/2008 15 MOTION to Appoint David S. Lenington to serve as lead plaintiff(s). Document filedby David S. Lenington. (Brower, David) (Entered: 10/20/2008)

10/20/2008 16 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint David S.Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.(Brower, David) (Entered: 10/20/2008)

10/20/2008 17 DECLARATION of David A.P. Brower in Support re: 15 MOTION to Appoint DavidS. Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.(Brower, David) (Entered: 10/20/2008)

10/20/2008 18 MOTION to Appoint Jason Obeidallah and The Pennsylvania Avenue Fund to serveas lead plaintiff(s). Document filed by The Pennsylvania Avenue Funds.(Attachments: # 1 Exhibit A)(Alba, Mario) (Entered: 10/20/2008)

10/20/2008 19 MEMORANDUM OF LAW in Support re: 18 MOTION to Appoint Jason Obeidallahand The Pennsylvania Avenue Fund to serve as lead plaintiff(s).. Document filed byThe Pennsylvania Avenue Funds. (Alba, Mario) (Entered: 10/20/2008)

10/20/2008 20 DECLARATION of Mario Alba Jr. in Support re: 18 MOTION to Appoint JasonObeidallah and The Pennsylvania Avenue Fund to serve as lead plaintiff(s)..Document filed by The Pennsylvania Avenue Funds. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Alba, Mario) (Entered: 10/20/2008)

10/28/2008 21 NOTICE of Withdrawal. Document filed by The Brualdi Law Firm, P.C.. (Brualdi,Richard) (Entered: 10/28/2008)

11/06/2008 22 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint David S.Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.(Brower, David) (Entered: 11/06/2008)

11/06/2008 23 DECLARATION of Charles J. Piven in Support re: 15 MOTION to Appoint David S.Lenington to serve as lead plaintiff(s).. Document filed by David S. Lenington.(Brower, David) (Entered: 11/06/2008)

11/06/2008 24 NOTICE of Non-Opposition to the Competing Lead Plaintiff Motions. Documentfiled by The Pennsylvania Avenue Funds. (Alba, Mario) (Entered: 11/06/2008)

11/10/2008 25 ORDER APPOINTING LEAD PLAINTIFF AND APPROVING PROPOSED LEADPLAINTIFF'S CHOICE OF COUNSEL: Having considered the Motions of Robert A.Laughlin, Jason Obeidallah, The Pennsylvania Avenue Funds and David S. Leningtonto serve as lead plaintiff(s); and approve lead counsel. The Motion of David S.Lenington is GRANTED. David S. Lenington is hereby appointed Lead Plaintiff forthe Classpursuant to Section 2ID(a)(3)(B) of the Securities Exchange Act of 1934, 15U.S.C. § 78u-4(a)(3)(B), as amended by Section IOI(b) of the Private SecuritiesLitigation Reform Act of 1995; and The law firm of Brower Piven, A ProfessionalCorporation, is hereby appointed as Lead Counsel for Lead Plaintiff and the Class.ORDER denying 10 Motion to Appoint ; granting 15 Motion to Appoint; denying 18Motion to Appoint. (Signed by Judge P. Kevin Castel on 11/7/08) (db) (Entered:11/10/2008)

12/01/2008 26 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 11/26/2008 re: Counsel for lead plaintiff writes requesting that the 12/4conference be adjourned to a date following the filing of the amended complaint on2/16/2009. ENDORSEMENT: Conference adjourned from 12/4 to 2/13 at 10:30 am.SO ORDERED. ( Status Conference set for 2/13/2009 at 10:30 AM before Judge P.Kevin Castel.) (Signed by Judge P. Kevin Castel on 12/1/2008) (tve) (Entered:12/01/2008)

12/01/2008 27 STIPULATION AND ORDER FOR EXTENSION OF TIME; that, subject to Courtapproval, Lead Plaintiff be granted until February 16, 2009 to file an AmendedComplaint; that Defendants be granted until April 16, 2009 to answer, move orotherwise respond to the Amended Complaint; that Lead Plaintiff be granted untilJune 16, 2009 to respond to any motion to dismiss filed by defendants; and that

defendants be granted until July 31,2009 to file any replies thereto. SO ORDERED.(Signed by Judge P. Kevin Castel on 12/1/2008) (tve) (Entered: 12/01/2008)

12/04/2008 28 STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME: Requestthat subject to the Court's approval, Lead Plaintiff be granted until February 16, 2009to answer, move or otherwise respond to the Amended Complaint; that Lead Plaintiffbe granted until June 16, 2009 to respond to any motion to dismiss filed bydefendants; and that defendants be granted until July 31, 2009 to file any repliesthereto. So Ordered (Signed by Judge P. Kevin Castel on 12/1/08) (js) (Entered:12/04/2008)

02/11/2009 29 STIPULATION AND ORDER FOR EXTENSION: It is hereby stipulated by andbetween the parties that subject to Court approval, Lead Plaintiff be granted anadditional 21 days, or until March 10, 2009, to file an Amended Complaint; thatDefendants be granted until May 11, 2009 to answer, move or otherwise respond tothe Amended Complaint; that Lead Plaintiff be granted until July 10, 2009 to respondto any motion to dismiss filed by defendants; and that defendants be granted untilAugust 24, 2009 to file any replies thereto. (Signed by Judge P. Kevin Castel on2/10/2009) (jpo) (Entered: 02/13/2009)

02/11/2009 31 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 2/10/2009 re: Counsel writes with the consent of all parties to respectfullyrequest that the Court adjourn the currently scheduled February 13, 2009 statusconference before Your Honor. ENDORSEMENT: While I have no objection torescheduling the conference to a more convenient date, there are matters I intend toaddress with the parties at the initial conference. So there are no surprises, the partiesshould discuss with their clients whether they would consent to the retention of aprivate mediator selected by the parties. I am well aware that the parties may view itas premature to meet with the mediator. The question to ponder now is not when tomeet with a mediator but rather whether they agree to retain a mediator. Also I want toexplore whether defendants have set out in writing the basis for their motion andwhether plaintiff has any desire to amend to cure any asserted deficiencies.Application denied. (Signed by Judge P. Kevin Castel on 2/11/2009) (jfe) (Entered:02/17/2009)

02/13/2009 30 ORDER FOLLOWING PRETRIAL CONFERENCE: The plaintiffs shall file Amendthe complaint by March 10, Defendants shall layout the grounds for any proposedmotion - IN DETAIL - by March 23. Plaintiff shall advise (and confer withdefendants) as to whether it wishes to amend in an effort to cure any pleadingdeficiencies, by March 31. This process will be taken into account in deciding whetherto grant leave to replead should that issue later arise. (Signed by Judge P. Kevin Castelon 2/13/2009) (jpo) (Entered: 02/13/2009)

02/13/2009 Set Deadlines/Hearings: Amended Pleadings due by 3/10/2009. Status Report due by3/31/2009. (jpo) (Entered: 02/13/2009)

02/13/2009 Minute Entry for proceedings held before Judge P. Kevin Castel: Initial PretrialConference held on 2/13/2009. Dates scheduled, see Order dated 2/13/09. (tro)(Entered: 02/18/2009)

03/10/2009 32 CONSOLIDATED CLASS ACTION AMENDED COMPLAINT amending 1Complaint against Jay M. Green, Berkovits & Company, LLP, INYX Inc., Jack

Kachkar, Steven Handley, Rima Goldschmidt. Document filed by David S. Lenington.Related document: 1 Complaint filed by The Pennsylvania Avenue Funds.(dle)(Entered: 03/11/2009)

04/10/2009 33 STIPULATION AND SCHEDULING ORDER: It is hereby stipulated and agreed asfollows: Defendants will inform plaintiffs counsel by letter of any defects theyperceive in the current Amended Complaint on or before May 8, 2009; Plaintiffs willthen decide whether to amend the current amended complaint further or to stand onthe current amended complaint as to operative pleading, and inform defendants of thatdetermination on or before May 22, 2009; If plaintiff informs defendants that he willamend, plaintiff will have until June 12, 2009 to file his second amended complaint; Ifplaintiff does not choose to amend again, defendants will have until June 12, 2009 toanswer the Amended Complaint or file their motions to dismiss the AmendedComplaint; If defendants file their motions to dismiss on June 12, 2009, plaintiff willhave until August 14, 2009 to file his opposition to defendants motions to dismiss anddefendants will have until September 14, 2009 to file any reply papers on their motionto dismiss. If plaintiff informs defendants on or before May 22, 2009, that plaintiffintends to amend the amended complaint, the parties will agree upon a new briefingschedule to the Court for approval. (Signed by Judge P. Kevin Castel on 4/9/09)(mme) (Entered: 04/10/2009)

04/21/2009 34 STIPULATION AND SCHEDULING ORDER: THEREFORE, IT IS HEREBYSTIPULATED AND AGREED, by and between Lead Plaintiff and defendants,through their respective undersigned attorneys, based on the foregoing, subject to theapproval of this Court, as follows: 1. Defendants will inform Plaintiffs counsel byletter of any defects they perceive in the current Amended Complaint on or beforeMay 8,2009; 2. Plaintiffs will then decide whether to amend the current AmendedComplaint further or to stand on the current Amended Complaint as the operativepleading, and inform defendants of that determination on or before May 22, 2009; 3.If Plaintiff informs defendants that he will amend, Plaintiff will have until June 12,2009 to file his second amended complaint; if Plaintiff does not choose to amendagain, defendants will have until June 12, 2009 to answer the Amended Complaint orfile their motions to dismiss the Amended Complaint; 4. If defendants file theirmotions to dismiss on June 12, 2009, Plaintiff will have until August 14, 2009 to filehis opposition to defendants' motions to dismiss and defendants will have untilSeptember 14, 2009 to file any reply papers on their motions to dismiss. If Plaintiffinforms defendants on or before May 22, 2009, that Plaintiff intends to amend theAmended Complaint, the parties will agree upon a new briefing schedule and presentthat schedule to the Court for approval. (Signed by Judge P. Kevin Castel on 4/20/09)(js) (Entered: 04/21/2009)

06/16/2009 35 STIPULATED AGREEMENT FOR FIRST EXTENSION OF DATE FORDEFENDANTS TO FILE FED. R CIV. P. 12(b)(6) MOTION TO DISMISS, THEPARTIES HEREBY STIPULATE AND AGREE, to extend the dates of the StipulatedScheduling Order by one (1) week. The date in which Defendants are to file theirmotions to dismiss the Amended Complaint is extended from June 12, 2009 to June19, 2009. The date in which Plaintiffs shall file their opposition to Defendants Motionto Dismiss is extended from August 14,2009 to August 21, 2009, and the date inwhich Defendants have to file any reply papers on their motions to dismiss is extendedfrom September 14, 2009 to September 21, 2009. (Signed by Judge P. Kevin Castel on6/15/09) (pl) (Entered: 06/16/2009)

06/19/2009 36 ENDORSED LETTER addressed to Judge P. Kevin Castel from Martin P. Russodated 6/18/09 re: Defendants request that this Court allow Defendants Inyx, Inc., JackKachkar, Rima Goldschmidt and Jay M. Green to file a memorandum of law insupport of their Motion to Dismiss Plaintiffs' Amended Complaint up to 40 pages inlength. ENDORSEMENT: Application to file brief exceeding page limits and up to 40pages in length is granted. (Signed by Judge P. Kevin Castel on 6/19/09) (ae)(Entered: 06/19/2009)

06/19/2009 37 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 6/18/09 re: Lead Plaintiff requests that the Court grant him leave to file amemorandum of law in opposition to Defendants' anticipated Motion to Dismiss of 40pages in length or, alternative, deny Defendants' request for an extension of the pagelimitations. ENDORSEMENT: 40 page brief for defendants also. (Signed by Judge P.Kevin Castel on 6/19/09) (ae) (Entered: 06/19/2009)

06/19/2009 38 MOTION to Dismiss Consolidated Amended Class Action Complaint with prejudiceas against Berkovits. Document filed by Berkovits, Lago & CompanyL.L.P..(Eickemeyer, John) (Entered: 06/19/2009)

06/19/2009 39 DECLARATION of John H. Eickemeyer Esq. in Support re: 38 MOTION to DismissConsolidated Amended Class Action Complaint with prejudice as against Berkovits..Document filed by Berkovits, Lago & Company L.L.P.. (Attachments: # 1 Exhibit A(part 1), # 2 Exhibit A (part 2), # 3 Exhibit B, # 4 Exhibit C (part 1), # 5 Exhibit C(part 2), # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G-I)(Eickemeyer,John) (Entered: 06/19/2009)

06/19/2009 40 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of John H.Eickemeyer and Memorandum of law in Support of defendant Berkovits & &Company LLP served on Butzel Long on June 19, 2009. Service was made by mail.Document filed by Berkovits, Lago & Company L.L.P.. (Eickemeyer, John) (Entered:06/19/2009)

06/19/2009 41 NOTICE OF APPEARANCE by Martin Paul Russo on behalf of Jay M. Green, INYXInc., Jack Kachkar, Rima Goldschmidt (Russo, Martin) (Entered: 06/19/2009)

06/19/2009 42 MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss ConsolidatedAmended Class Action Complaint with prejudice as against Berkovits.. Documentfiled by Berkovits & Company, LLP. (Eickemeyer, John) (Entered: 06/19/2009)

06/19/2009 43 NOTICE OF APPEARANCE by Sarah Yeang Khurana on behalf of Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt (Khurana, Sarah) (Entered: 06/19/2009)

06/19/2009 44 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by INYX Inc.. (Khurana, Sarah) (Entered: 06/19/2009)

06/19/2009 45 MOTION to Dismiss. Document filed by Jay M. Green, INYX Inc., Jack Kachkar,Rima Goldschmidt. Responses due by 8/21/2009(Khurana, Sarah) (Entered:06/19/2009)

06/19/2009 46 MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss.. Document filedby Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. (Khurana, Sarah)(Entered: 06/19/2009)

06/19/2009 47 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Sarah Y.

Khurana in Support re: 45 MOTION to Dismiss.. Document filed by Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt. (Khurana, Sarah) Modified on6/22/2009 (jar). (Entered: 06/19/2009)

06/19/2009 48 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of KhuranaExhibit 1 in Support re: 45 MOTION to Dismiss.. Document filed by Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt. (Khurana, Sarah) Modified on6/22/2009 (jar). (Entered: 06/19/2009)

06/19/2009 49 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of KhuranaExhibt 2 in Support re: 45 MOTION to Dismiss.. Document filed by Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt. (Khurana, Sarah) Modified on6/22/2009 (jar). (Entered: 06/19/2009)

06/19/2009 50 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of KhuranaExhibit 2 continued in Support re: 45 MOTION to Dismiss. Document filed by Jay M.Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. (Khurana, Sarah) Modified on6/22/2009 (jar). (Entered: 06/19/2009)

06/19/2009 51 DECLARATION of Sarah Y. Khurana in Support re: 45 MOTION to Dismiss..Document filed by Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt.(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 2 continued)(Khurana, Sarah)(Entered: 06/19/2009)

06/22/2009 52 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. no Corporate Parent.Document filed by Berkovits & Company, LLP.(Eickemeyer, John) (Entered:06/22/2009)

06/22/2009 53 CERTIFICATE OF SERVICE of Rule 7.1 Statement served on Butzel Long on6/22/2009. Service was made by mail. Document filed by Berkovits & Company,LLP. (Eickemeyer, John) (Entered: 06/22/2009)

08/21/2009 54 MEMORANDUM OF LAW in Opposition re: 45 MOTION to Dismiss., 38 MOTIONto Dismiss Consolidated Amended Class Action Complaint with prejudice as againstBerkovits.. Document filed by David S. Lenington. (Brower, David) (Entered:08/21/2009)

08/21/2009 55 DECLARATION of David A.P. Brower in Opposition re: 45 MOTION to Dismiss.,38 MOTION to Dismiss Consolidated Amended Class Action Complaint withprejudice as against Berkovits.. Document filed by David S. Lenington. (Attachments:# 1 Exhibit A, # 2 Exhibit B)(Brower, David) (Entered: 08/21/2009)

09/16/2009 56 ENDORSED LETTER: addressed to Judge P. Kevin Castel from John H. Eckemeyerdated 9/15/09 re: Defendants request that the Court grant a brief four day extension toSeptember 25, 2009 of defendants time to serve and file their reply papers.ENDORSEMENT: Application granted. So Ordered., ( Replies due by 9/25/2009.)(Signed by Judge P. Kevin Castel on 9/15/09) (js) (Entered: 09/16/2009)

09/25/2009 57 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to DismissConsolidated Amended Class Action Complaint with prejudice as against Berkovits..Document filed by Berkovits & Company, LLP. (Eickemeyer, John) (Entered:09/25/2009)

09/25/2009 58 DECLARATION of John H. Eickemeyer Esq. in Support re: 38 MOTION to Dismiss

Consolidated Amended Class Action Complaint with prejudice as against Berkovits..Document filed by Berkovits & Company, LLP. (Attachments: # 1 ExhibitA)(Eickemeyer, John) (Entered: 09/25/2009)

09/25/2009 59 CERTIFICATE OF SERVICE of Reply Memorandum of Law in support ofDefendants Motion to dismiss and reply Declaration of John H. Eickemeyer served onAll Plaintiffs and Defendants on 9/25/2009. Service was made by Electronic Mail.Document filed by Berkovits & Company, LLP. (Eickemeyer, John) (Entered:09/25/2009)

09/25/2009 60 REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss..Document filed by Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt.(Khurana, Sarah) (Entered: 09/25/2009)

11/13/2009 61 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Butzel Long toWithdraw as Attorney for Defendants Inyx, Inc., Jack Kachkar, Rima Goldshmidt andJay M. Green. Document filed by Jay M. Green, INYX Inc., Jack Kachkar, RimaGoldschmidt. (Attachments: # 1 Affidavit Affidavit of Sarah Y. Khurana)(Khurana,Sarah) Modified on 11/16/2009 (jar). (Entered: 11/13/2009)

11/13/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Sarah Khurana to RE-FILE Document 61MOTION for Butzel Long to Withdraw as Attorney for Defendants Inyx, Inc., JackKachkar, Rima Goldshmidt and Jay M. Green. ERROR(S): Supporting Documentmust be filed individually. Use the event type Declaration in Support found underevent list Replies, Oppositions, Supporting Documents. NOTE: The Motion must becorrectly re-filed. (jar) (Entered: 11/16/2009)

12/07/2009 62 NOTICE OF APPEARANCE by Martin Edward Karlinsky on behalf of Jay M.Green, INYX Inc., Jack Kachkar, Rima Goldschmidt (Karlinsky, Martin) (Entered:12/07/2009)

12/07/2009 63 MOTION for Butzel Long, a professional corporation to Withdraw as Attorney fordefendants Inyx, Inc., Jack Kachkar, Rima Goldshmidt, and Jay M. Green. Documentfiled by Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. Return Date setfor 12/29/2009 at 10:00 AM.(Karlinsky, Martin) (Entered: 12/07/2009)

12/07/2009 64 AFFIDAVIT of Martin E. Karlinsky in Support re: 63 MOTION for Butzel Long, aprofessional corporation to Withdraw as Attorney for defendants Inyx, Inc., JackKachkar, Rima Goldshmidt, and Jay M. Green.. Document filed by Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt. (Karlinsky, Martin) (Entered:12/07/2009)

12/21/2009 65 MOTION for Hearing Pre-Motion Conference. Document filed by David S.Lenington. (Brower, David) (Entered: 12/21/2009)

12/21/2009 66 MEMORANDUM OF LAW in Support re: 65 MOTION for Hearing Pre-MotionConference., 63 MOTION for Butzel Long, a professional corporation to Withdraw asAttorney for defendants Inyx, Inc., Jack Kachkar, Rima Goldshmidt, and Jay M.Green.. Document filed by David S. Lenington. (Brower, David) (Entered:12/21/2009)

12/22/2009 67 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW.

ENDORSEMENT: Perhaps the most important persons to be heard from are theclients of the would be withdrawing attorney. Motion denied without prejudice toreservice upon Inyx Inc. and three individuals. Email "notice" without serving theactual motion papers is insufficient. No affidavit of service has been filed Inyx Inc. ison notice that a corporation may only appear by an attorney admitted to practice inthis Court. If the motion is GRANTED, Inyx will need counsel or its answer will bestricken, All Defendants should start looking for counsel NOW. This Order shall beserved on his clients by Mr. Karlinsky. (Signed by Judge P. Kevin Castel on12/22/2009) (jpo) (Entered: 12/23/2009)

12/22/2009 68 MEMO ENDORSEMENT on LEAD PLAINTIFF'S MOTION FOR A PRE-MOTION CONFERENCE. ENDORSEMENT: The premotion conference request isintended to obviate unnecessary motion practice -- not to promote such practice, LeadPlaintiffs motion is DENIED. Next time a conference is sought, a letter will suffice.(Signed by Judge P. Kevin Castel on 12/21/2009) (jpo) (Entered: 12/23/2009)

12/24/2009 69 NOTICE of of Entry of Order Denying Motion to Withdraw as Counsel. Documentfiled by Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. (Karlinsky,Martin) (Entered: 12/24/2009)

12/24/2009 70 MOTION for Butzel Long, a professional corporation to Withdraw as Attorney forDefendants Inyx, Inc., Jack Kachkar, Rima Goldshmidt, and Jay M. Green. Documentfiled by Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. Return Date setfor 1/20/2010 at 10:00 AM. (Karlinsky, Martin) (Entered: 12/24/2009)

12/24/2009 71 AFFIDAVIT of Martin E. Karlinsky in Support re: 70 MOTION for Butzel Long, aprofessional corporation to Withdraw as Attorney for Defendants Inyx, Inc., JackKachkar, Rima Goldshmidt, and Jay M. Green.. Document filed by Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt. (Karlinsky, Martin) (Entered:12/24/2009)

01/07/2010 72 LETTER addressed to Judge P. Kevin Castel from Martin E. Karlinsky dated 1/5/10re: We have moved to withdraw as counsel, and the motion is returnable 1/20/10. TheCourt's 12/22/09 order required that we serve these motion papers on our clients. Weattempted to do so by Federal Express on 12/24/09 and the packages were returned;We have requested that the clients furnish us with updated addresses; we have so farreceived no response to that request. Document filed by Jay M. Green, INYX Inc.,Jack Kachkar, Rima Goldschmidt.(mro) (Entered: 01/07/2010)

01/12/2010 73 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 1/8/2010 re: Counsel for plaintiff writes requesting a Pre-Motion Conference inregard to the Motion to Withdraw by Butzel Long. ENDORSEMENT: Butzel Longshould transmit the motion papers to the three individuals named in Mr. Brower'sletter via overnight carrier. All other relief sought by Mr. Brower is DENIED. SOORDERED. (Signed by Judge P. Kevin Castel on 1/11/2010) (tve) (Entered:01/12/2010)

01/14/2010 74 NOTICE of of Filing of Amended Certificate of Service. Document filed by Jay M.Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. (Karlinsky, Martin) (Entered:01/14/2010)

01/28/2010 75 ORDER granting 70 Motion to Withdraw as Attorney. The Attorneys shall serve thisOrder on the Clients at their last known addresses and also upon Martin P. Russo and

file an affidavit of service within five (5) days. The motion for leave to withdraw(Docket Entry No. 70) is GRANTED. SO ORDERED.( Signed by Judge P. KevinCastel on 1/27/2010) (jmi) Modified on 2/4/2010 (jmi). (Entered: 01/28/2010)

02/01/2010 76 AFFIDAVIT OF SERVICE of Order Granting Butzel Long's Motion to Withdraw asCounsel served on Defendants Inyx Inc., Kachkar, Goldshmidt and Green and MartinRusso, Esq. on 1-28-2010 and 1-29-2010. Service was made by Mail. Document filedby Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. (Karlinsky, Martin)(Entered: 02/01/2010)

03/01/2010 77 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated2/25/10 re: Request for an extension of time to file notice of appearance and anadjournment of the scheduled pretrial conference. ENDORSEMENT: Time for INYXInc to file a notice of appearance extended to March 8, 2010. Failure to file a notice ofappearance will result in default. The conference scheduled for March 1, is adjournedto March 11, 2010 at 11:00am. All parties shall appear on March 1, in person or bycounsel who has filed a notice of appearance. Failure to appear will result in a default.SO ORDERED. (Pretrial Conference set for 3/11/2010 at 11:00 AM before Judge P.Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/1/10) (db) (Entered:03/01/2010)

03/01/2010 78 MEMORANDUM AND ORDER: For the reasons further set forth in said Order,defendant Berkovits's motion to dismiss (Docket No. 38), is GRANTED. Inyx and theIndividual Moving Defendants' motion to dismiss (Docket No. 45) is granted in partand denied in part, in accordance with the following: The motion is statements quotedin paragraphs 96, 97, 100-102, 104, 105, 107, 108, 119, 120, 152, 171, 172, 174; andThe motion is GRANTED with respect to the statement regarding the going privatetransaction contained in paragraph 145, but DENIED with respect to the statementsalleged in the remainder of that paragraph; and The motion is DENIED with respect toplaintiffs claims arising out of the statements alleged in paragraphs 111-113,115-117,123-124,126-128, 130-132,135-137,140-142,147-150,175,178,181-182,232-233,242-244. ORDER granting 38 Motion to Dismiss; granting in part and denying inpart 45 Motion to Dismiss. (Signed by Judge P. Kevin Castel on 3/1/10) (db) (Entered:03/01/2010)

03/09/2010 79 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated3/8/2010 re: Further to my correspondence of 2/25/2010 and Your Honor's Order of3/1/2010 (copy attached), on behalf of my co-defendants and I, I would like torespectfully request an enlargement of time of just four (4) days until 3/12/2010 tohave new counsel make an appearance on behalf of the Defendants in the above notedmatter and for the date of the pre-trial conference to be extended until 3/15/2010, or assoon thereafter that a date is available, by this Honorable Court. ENDORSEMENT:The withdrawal/substitution issue has been known at least since on or about December22, 2009 when I warned Inyx and the Individual Defendants to start looking forcounsel then. (Order of 12/22/09; Docket #68). Corporation and individual defendantsless scrupulous that there defendants have used time afforded by a Court to prepareand file a Bankruptcy petition and thereby impede recovery. I cannot, consistent withthe interest of justice, grant a further adjournment. APPLICATION DENIED. (Signedby Judge P. Kevin Castel on 3/11/2010) (tro) (Entered: 03/10/2010)

03/11/2010 80 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All factdiscovery shall be completed no later than 9/30/10. All expert discovery shall be

completed no later than 12/30/10. Parties to consider retaining private mediator. Foxletter regarding retention of mediator by 3/25/10. A Rule 54(b) judgment is notappropriate as to the dismissal of Berkovits. Berkovits having been dismissed (andplaintiff not seeking 1292(b) or recommendation), Berkovits need not further appearuntil final judgment. The next case management conference is scheduled for 10/4/10at 11:00 a.m. (Signed by Judge P. Kevin Castel on 3/11/10) (dle) (Entered:03/12/2010)

03/11/2010 Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conferenceheld on 3/11/2010. Next status conference set for October 4, 2010 at 11:00 a.m. (djc)(Entered: 03/25/2010)

03/11/2010 Set Deadlines/Hearings: Status Conference set for 10/4/2010 at 11:00 AM beforeJudge P. Kevin Castel. (djc) (Entered: 03/26/2010)

04/19/2010 81 ENDORSED LETTER addressed to Judge P. Kevin Castel from Howard S. Koh dated4/15/10 re: counsel request that Your Honor excuse Meister Seelig & Fein LLP fromthe requirement of holding a pre-motion conference by endorsing this letter so that wemay promptly file our motion. ENDORSEMENT: Frankly, it is nothing short ofgovernmanship to seize upon the Court's allowance of the Meister firm to appear at aconference on March 11 and now - a month later assert that it never filed a notice ofappearance, how can it move to withdraw? Was the Court being used to see whetherthe retainer amount would be paid? Leave to file motion granted. Motion to be servedon all defendants. Mr. Koh should explain hi firm's action in affidavit or declarationform. (Signed by Judge P. Kevin Castel on 4/16/10) (sac) (Entered: 04/19/2010)

04/19/2010 82 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated4/15/10 re: Defendants can no longer retain Meister Seelig & Fein LLP as counsel inthis matter because its fees are to exorbitant. ENDORSEMENT: Defendants would bewell advised to find substitute counsel now. I will not tolerate the delay from 12/22/09(#67) and March 11. Defendants should be experts in the process of obtaining counselto defend this precise claim. Equity counsel's against any stay of this action. (Signedby Judge P. Kevin Castel on 4/16/10) (sac) (Entered: 04/19/2010)

04/20/2010 83 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Meister Seelig &Fein LLP to Withdraw as Attorney and Declaration of Howard S. Koh in Support ofMotion to Withdraw as Counsel. Document filed by Meister Seelig & Fein LLP.Return Date set for 5/14/2010 at 10:00 AM. (Koh, Howard) Modified on 4/21/2010(jar). (Entered: 04/20/2010)

04/20/2010 84 AFFIDAVIT OF SERVICE of Notice of Motion to Withdraw as Counsel andDeclaration of Howard S. Koh in Support of Motion to Withdraw as Counsel servedon Inyx, Inc, Jack Kachkar, Rima Goldschmidt, Jay M. Green, David Brower on April20, 2010. Service was made by Federal Express. Document filed by Meister Seelig &Fein LLP. (Koh, Howard) (Entered: 04/20/2010)

04/28/2010 85 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 4/28/2010 re: Requesting that this Court readdress the discoveryschedule after the three week stay. ENDORSEMENT: Defendant Inyx has beenwithout counsel in this action since January 27, 2010. As a non-natural person, it maynot represent itself. Meister Seeling never entered an appearance so there is nothingfor them to withdraw from. Since March 8, 2010, defendant has been in default in its

obligation under this Court's Order. Plaintiff's counsel is free to file any appropriatemotion and the premotion conference requirement is waived. With respect to Mr.Davidoff' s letter of April 28, the Court will not entertain applications from strangers toa case. (Signed by Judge P. Kevin Castel on 4/28/2010) (jpo) (Entered: 04/28/2010)

05/07/2010 86 NOTICE OF APPEARANCE by Jonathan Marc Davidoff on behalf of Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt (Davidoff, Jonathan) (Entered:05/07/2010)

05/07/2010 87 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 5/7/2010 re: Requesting that the Court reconsider the request andprovide a three week stay to enable me to file my clients' Answer and disclosures.ENDORSEMENT: Putting aside that Mr. Davidoff, according to the docket sheet hasnot yet filed a notice of appearance, there is absolutely no showing why an extensionof the date for completion of fact discovery - September 30, 2010 or expert discoveryDecember 30, 2010 is not adequate. In view of the history of this case the applicationis DENIED. (Signed by Judge P. Kevin Castel on 5/7/2010) (jpo) (Entered:05/07/2010)

05/12/2010 88 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Jay M.Green, INYX Inc., Jack Kachkar, Rima Goldschmidt. Related document: 32 AmendedComplaint, filed by David S. Lenington. (Davidoff, Jonathan) (Entered: 05/12/2010)

05/12/2010 89 RULE 26 DISCLOSURE.Document filed by Jay M. Green, INYX Inc., Jack Kachkar,Rima Goldschmidt. (Davidoff, Jonathan) (Entered: 05/12/2010)

05/19/2010 90 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 5/19/2010 re: Counsel renews his request for a brief stay of any and alldiscovery and motions in this action. ENDORSEMENT: In view of the history of thiscase (well reflected in the docket sheet and prior orders), the application for a stay isDENIED. (Signed by Judge P. Kevin Castel on 5/19/2010) (tro) (Entered: 05/20/2010)

06/11/2010 91 MOTION to Compel., MOTION for Sanctions. Document filed by David S.Lenington. (Brower, David) (Entered: 06/11/2010)

06/11/2010 92 MEMORANDUM OF LAW in Support re: 91 MOTION to Compel. MOTION forSanctions.. Document filed by David S. Lenington. (Brower, David) (Entered:06/11/2010)

06/11/2010 93 DECLARATION of David A.P. Brower in Support re: 91 MOTION to Compel.MOTION for Sanctions.. Document filed by David S. Lenington. (Attachments: # 1Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Brower, David)(Entered: 06/11/2010)

06/22/2010 94 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 6/21/2010 re: Requesting a one week extension of time to file myclients opposition to Mr. Brower's motion. ENDORSEMENT: Defendants may haveone additional week solely to respond to the motion. (Signed by Judge P. Kevin Castelon 6/22/2010) (jpo) (Entered: 06/22/2010)

06/23/2010 95 FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE to DiscoveryRequest.Document filed by Jay M. Green, INYX Inc., Jack Kachkar, RimaGoldschmidt. (Davidoff, Jonathan) Modified on 6/24/2010 (KA). (Entered:

F06/23/2010)

06/23/2010 96 RESPONSE to Discovery Request.Document filed by Jay M. Green, INYX Inc., JackKachkar, Rima Goldschmidt. (Davidoff, Jonathan) (Entered: 06/23/2010)

06/23/2010 97 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVEORDER... regarding procedures to be followed that shall govern the handling ofconfidential material... SUBJECT TO ADDENDUM. (Signed by Judge P. KevinCastel on 6/23/2010) (tro) (Entered: 06/23/2010)

06/28/2010 98 AFFIRMATION of Jonathan Davidoff in Opposition re: 91 MOTION to Compel.MOTION for Sanctions.. Document filed by Jay M. Green, INYX Inc., Jack Kachkar,Rima Goldschmidt. (Davidoff, Jonathan) (Entered: 06/28/2010)

06/28/2010 99 FINAL MEMORANDUM OF LAW in Opposition re: 91 MOTION to Compel.MOTION for Sanctions.. Document filed by Jay M. Green, INYX Inc., Jack Kachkar,Rima Goldschmidt. (Davidoff, Jonathan) (Entered: 06/28/2010)

06/28/2010 100 FINAL MEMORANDUM OF LAW in Opposition re: 91 MOTION to Compel.MOTION for Sanctions.. Document filed by Jay M. Green, INYX Inc., Jack Kachkar,Rima Goldschmidt. (Attachments: # 1 Exhibit KAchkar declaration, # 2 Exhibit Docrequest, # 3 Exhibit letter to court, # 4 Exhibit letter to the court 2, # 5 Exhibit emailexchange, # 6 Exhibit letter to Butzel Long, # 7 Exhibit letter to court 3, # 8 ExhibitResponse to Request for Protduciton, # 9 Exhibit conf agreement, # 10 Exhibitkachkar dec, # 11 Exhibit Goldschmidt dec, # 12 Exhibit KAchkar letter)(Davidoff,Jonathan) (Entered: 06/28/2010)

07/06/2010 101 REPLY MEMORANDUM OF LAW in Support re: 91 MOTION to Compel.MOTION for Sanctions.. Document filed by David S. Lenington. (Brower, David)(Entered: 07/06/2010)

07/06/2010 102 DECLARATION of David A.P. Brower in Support re: 91 MOTION to Compel.MOTION for Sanctions.. Document filed by David S. Lenington. (Attachments: # 1Exhibit 1, # 2 Exhibit 2)(Brower, David) (Entered: 07/06/2010)

07/09/2010 103 FIRST SET OF INTERROGATORIES to Plaintiff.Document filed by Jay M. Green,INYX Inc., Jack Kachkar, Rima Goldschmidt. (Davidoff, Jonathan) (Entered:07/09/2010)

07/13/2010 104 FIRST SET OF INTERROGATORIES to David S. Lenington individually and thosesimilarly situated.Document filed by Jay M. Green, INYX Inc., Jack Kachkar, RimaGoldschmidt. (Davidoff, Jonathan) (Entered: 07/13/2010)

07/13/2010 105 REQUEST for Production of Documents.Document filed by Jay M. Green, INYXInc., Jack Kachkar, Rima Goldschmidt. (Davidoff, Jonathan) (Entered: 07/13/2010)

07/13/2010 106 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to TransferCase. Document filed by Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt.(Attachments: # 1 Affidavit Declaration of Jonathan Davidoff, # 2 Memorandum ofLaw, # 3 Exhibit 1 Amended Complaint PR, # 4 Exhibit 2 Amended Complaint NY, #5 Exhibit 3 Declaration of Jack KAchkar, # 6 Exhibit 4 Declaration of RimaGoldschmidt)(Davidoff, Jonathan) Modified on 7/15/2010 (db). (Entered: 07/13/2010)

07/13/2010 107 ORDER. The Court GRANTS Meister Seelig's motion solely with respect to its

request to withdraw as counsel for the Defendants. All other relief requested therein isdenied. (Signed by Judge P. Kevin Castel on 7/13/10) (djc) (Entered: 07/13/2010)

07/13/2010 108 ORDER granting 91 Motion to Compel insofar as it seeks the production ofdocuments. By no later than July 27, 2010, the Defendants shall produce alldocuments responsive to the Requests which the Defendants possessor over which theDefendants have control. (Docket No. 90). The Defendant never filed such a motion.Instead, in their opposition to Lead Plaintiff's motion to compel, they half-heartedlyrequested that the Court order Gutzel Long to produce these documents to theDefendants. (Pl. Opp. 1t 16-17.) The Defendants did not serve Butzel Long with theopposition containing this request. (Id at 18.) This application is denied withoutprejudice to the Defendants filing a separate motion seeking this relief, whichDefendants must serve upon Butzel Long and Lead Plaintiff. The date in paragraph 5of the Civil Case Management Plan and Scheduling Order for the completion of factdiscovery is extended until November 30, 2010. The date in paragraph 7 of theScheduling Order for the completion of expert discovery is extended to January 31,2011. The pretrial conference scheduled for October 4, 2010 is adjourned toDecember 3, 2010 at 11:30 a.m. Finally, the issue of sanctions, including but notlimited to, attorneys' fees incurred by Lead Plaintiff in connection with theDefendants' failure to timely respond to the Requests, and in connection with LeadPlaintiff's motion to compel, will be addressed at the final pretrial conference, whichwill be scheduled at the December 3, 2010 pretrial conference. (Signed by Judge P.Kevin Castel on 7/13/10) (djc) Modified on 7/13/2010 (djc). Modified on 7/19/2010(djc). (Entered: 07/13/2010)

07/13/2010 Set Deadlines/Hearings: Expert Discovery due by 1/31/2011. Pretrial Conference setfor 12/3/2010 at 11:30 AM before Judge P. Kevin Castel. (djc) (Entered: 07/13/2010)

07/13/2010 111 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 7/13/2010 re: Plaintiff's respectfully request that this Court schedule aconference pursuant to F.R.C.P. 26(f), to address the prejudice set forth in this letter toplaintiff and to consider amending the scheduling Order. ENDORSEMENT: I willconsider defendant's motion to transfer venue even though defendant failed to complywith this Court's Premotion conference Letter request. Attention is called to theundersigned Individual Practices. Plaintiff should respond to the motion. So Ordered.(Signed by Judge P. Kevin Castel on 7/13/2010) (jfe) (Entered: 07/14/2010)

07/13/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Jonathan Marc Davidoff to RE-FILE Document106 FIRST MOTION to Transfer Case. ERROR(S): Supporting Documents(Declaration in Support and Memorandum in Support) are filed separately, eachgetting there own Document #. ***REMINDER*** - First Re-File Motion, then fileand link any supporting documents. (db) (Entered: 07/15/2010)

07/14/2010 109 FIRST SET OF INTERROGATORIES to Plaintiff.Document filed by RimaGoldschmidt.(Davidoff, Jonathan) (Entered: 07/14/2010)

07/14/2010 110 REQUEST for Production of Documents.Document filed by Jay M. Green, INYXInc., Jack Kachkar, Rima Goldschmidt.(Davidoff, Jonathan) (Entered: 07/14/2010)

07/15/2010 112 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to TransferCase. Document filed by Jay M. Green, INYX Inc., Jack Kachkar, Rima Goldschmidt.

(Attachments: # 1 Memo of Law in support of Document, # 2 Exhibit Exhibit 1, # 3Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6Declaration)(Davidoff, Jonathan) Modified on 7/16/2010 (db). (Entered: 07/15/2010)

07/15/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Jonathan Marc Davidoff to RE-FILE Document112 FIRST MOTION to Transfer Case. ERROR(S): Supporting Documents are filedseparately, each getting there own Document #. (db) (Entered: 07/16/2010)

07/16/2010 113 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRSTMOTION to Transfer Case. Document filed by Jay M. Green, INYX Inc., JackKachkar, Rima Goldschmidt. (Davidoff, Jonathan) Modified on 7/19/2010 (db).(Entered: 07/16/2010)

07/16/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR.Note to Attorney Jonathan Marc Davidoff to RE-FILE Document 113 FIRSTMOTION to Transfer Case. Use the event type Memorandum in Support of Motionfound under the event list Replies, Opposition and Supporting Documents.CORRECTED MOTION WAS NOT RE-FILED. First Re-File Motion, then file andlink any supporting documents. (db) (Entered: 07/19/2010)

07/27/2010 114 FIRST MEMORANDUM OF LAW in Support re: 106 FIRST MOTION to TransferCase.. Document filed by Rima Goldschmidt, Jay M. Green, INYX Inc., JackKachkar. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5affirmation, # 6 motion)(Davidoff, Jonathan) (Entered: 07/27/2010)

07/27/2010 115 MEMORANDUM OF LAW in Opposition re: 106 FIRST MOTION to TransferCase.. Document filed by David S. Lenington. (Brower, David) (Entered: 07/27/2010)

07/27/2010 116 DECLARATION of David A.P. Brower in Opposition re: 106 FIRST MOTION toTransfer Case.. Document filed by David S. Lenington. (Attachments: # 1 Exhibit 1, #2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Brower, David) (Entered:07/27/2010)

07/27/2010 117 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff, Esq. dated 7/27/10 re: counsel for defendant request that you enter an ordernow compelling prior counsel to release the lien on the Inyx file, and provide ourclients with copies of all of the documents and electronic media. ENDORSEMENT:Please read the first full paragraph on page 2 of the July 13 Order. Mr. Davidoff hadsaid he would file such a motion if the documents were not turned over by May 28,2010. The were not but Mr. Davidoff did not act. Mr. Davidoff is free to file themotion (premotion conference waived). As indicated in the last sentence of thatparagraph. So Ordered. (Signed by Judge P. Kevin Castel on 7/27/10) (pl) (Entered:07/28/2010)

07/29/2010 118 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 7/28/10 re: Request for an extension of time to file reply papers toMotion to Transfer Venue and Consolidate. ENDORSEMENT: It would have beenhelpful for Mr. Davidoff to apprise the undersigned of when his reply papers weredue. Since plaintiff did not comply with the premotion requirement, there is noschedule on the motion that I can readily discern from a review of the docket sheet.File reply by August 20, 2010. SO ORDERED. Set Deadlines (Replies due by8/20/2010.) (Signed by Judge P. Kevin Castel on 7/28/10) (db) (Entered: 07/29/2010)

07/29/2010 119 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 7/28/2010 re: Defendants respectfully request an additional week tofile reply papers to their Motion to Transfer Venue and Consolidate.ENDORSEMENT: It would have been helpful for Mr. Davidoff to apprise theundersigned of when his reply papers were due. Since plaintiff did not comply withthe premotion request there is no schedule on the motion that I can readily discernfrom a review of the docket sheet. File Reply by 8/20/2010. This Court acknowledgesto an error. Defendant (not plaintiff) did not comply with the premotion requirementsee Order of July 28. (Signed by Judge P. Kevin Castel on 7/28/2010) (ae) (Entered:07/30/2010)

08/03/2010 120 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 7/30/2010 re: Requesting a pre-motion conference. ENDORSEMENT: Plaintiffis free to file the motion (pre-motion conference is waived) and defendants are free tooppose the motion. (Signed by Judge P. Kevin Castel on 8/3/2010) (jpo) (Entered:08/03/2010)

08/12/2010 121 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Leave toAppear motion to compel. Document filed by Rima Goldschmidt, Jay M. Green,INYX Inc., Jack Kachkar. (Attachments: # 1 Memo of Law, # 2 Affidavit Affirmaitonof Counsel, # 3 Exhibit Declaration of Jack KAchkar, # 4 Exhibit letter fromDavidoff, # 5 Exhibit letter from Kachkar, # 6 Exhibit kachkar declaration from PRCase, # 7 Exhibit Goldshmidt declaration from PR Case, # 8 Exhibit davioff letter tothe court, # 9 Exhibit Asset Freeze, # 10 Exhibit docket from PR case)(Davidoff,Jonathan) Modified on 8/16/2010 (db). (Entered: 08/12/2010)

08/12/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Jonathan Marc Davidoff to RE-FILE Document121 FIRST MOTION for Leave to Appear motion to compel. ERROR(S): SupportingDocuments (Memorandum in Support and 2 Declarations in Support - found under theEvent Types - Replies, Opposition and Supporting Documents) are filed separately,each getting there own Document #. ***REMINDER*** - First Re-File Motion, thenfile and link any supporting documents. (db) (Entered: 08/16/2010)

08/20/2010 122 REPLY to Response to Motion re: 113 FIRST MOTION to Transfer Case.. Documentfiled by Rima Goldschmidt, Jay M. Green, INYX Inc., Jack Kachkar. (Davidoff,Jonathan) (Entered: 08/20/2010)

08/20/2010 123 AFFIRMATION of jonathan davidoff in Support re: 113 FIRST MOTION to TransferCase.. Document filed by Rima Goldschmidt, Jay M. Green, INYX Inc., JackKachkar. (Attachments: # 1 Exhibit exhibits)(Davidoff, Jonathan) (Entered:08/20/2010)

08/20/2010 124 AFFIRMATION of jonathan davidoff in Support re: 113 FIRST MOTION to TransferCase.. Document filed by Rima Goldschmidt, Jay M. Green, INYX Inc., JackKachkar. (Attachments: # 1 Exhibit Puerto Rico docket, # 2 Exhibit Motion toStay)(Davidoff, Jonathan) (Entered: 08/20/2010)

08/24/2010 125 ENDORSED LETTER addressed to Judge P. Kevin Castel from Martin E. Karlinskydated 8/20/2010 re: Request for an extension of 60 days of the briefing schedule.ENDORSEMENT: Time to respond to motion extended to September 13. Time toreply extended to October 1. (Signed by Judge P. Kevin Castel on 8/24/2010) (tro)

(Entered: 08/25/2010)

08/25/2010 126 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 8/24/2010 re: Requesting that the Court stay the current discovery schedule andpending motion practice for a period of six (6) weeks. ENDORSEMENT: Allproceedings, except briefing on pending motions stayed until October 4 incontemplation of settlement. (Signed by Judge P. Kevin Castel on 8/24/2010) (jpo)(Entered: 08/25/2010)

09/02/2010 127 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 9/2/10 re: counsel for Lead Plaintiff, David S. Lenington, request permission tosubmit a surreply brief not to exceed ten pages, in connection with Defendants'Motion to transfer and consolidate with similar pending matters. ENDORSEMENT:Sure, plaintiff may file a surreply by September 8, defendants may file a sur-surreplyby September 10 and plaintiff may file a sur-sur-surreply by September 13. I will thenrule. (Plaintiff's Surreply due by 9/8/2010.) (Signed by Judge P. Kevin Castel on9/2/10) (sac) (Entered: 09/03/2010)

09/07/2010 130 ENDORSED LETTER addressed to Judge P. Kevin Castel from Johathan MarcDavidoff dated 9/7/2010 re: As you know, I represent Jack Kachkar, Jay Green, RimaGoldshmidt, and Inyx. Inc. I am in receipt of your endorsed letter relating to theMotion to Transfer and Consolidate, in which you provided Plaintiff with anopportunity to file a Sur reply by September 8 and Defendants an opportunity to file aSur-Surreply by September 10. However, 1 respectfully request an extension of myfiling date to September 16, 2010. ENDORSEMENT: Defendants submission dueSeptember 17. Plaintiff may respond by September 24. SO ORDERED. ( Responsesdue by 9/24/2010, Surreplies due by 9/17/2010.) (Signed by Judge P. Kevin Castel on9/9/2010) (jmi) (Entered: 09/09/2010)

09/08/2010 128 REPLY MEMORANDUM OF LAW in Opposition re: 106 FIRST MOTION toTransfer Case. Surreply. Document filed by David S. Lenington. (Brower, David)(Entered: 09/08/2010)

09/08/2010 129 REPLY AFFIRMATION of David A.P. Brower in Opposition re: 106 FIRSTMOTION to Transfer Case.. Document filed by David S. Lenington. (Attachments: #1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Brower, David) (Entered: 09/08/2010)

09/09/2010 131 ENDORSED LETTER addressed to Judge Paul A. Crotty from Jonathan MarcDavidoff dated 9/8/2010 re: The subpoenas indicate that Mr. Karlinsky seeks to takemy deposition to inquire about the Davidoff Law Firm, PLLC and my fee arrangementwith our clients, payments made to us and third parties, and privilegedcommunications with other prior counsel.I hereby request permission from YourHonor to file an emergency motion seeking an order for a protective order and/or toquash the subpoena. Alternatively, based ona mere review of the non-party'ssubpoena, I request that you issue such orders without the necessity ofa motion beingfiled. I have attached the subpoenas for your review. ENDORSEMENT: I herebyrequest permission from Your Honor to file an emergency motion seeking an order fora protective order and/or to quash the subpoena. Alternatively, based on a mere reviewof the non-party's subpoena, I request that you issue such orders without the necessityof a motion being filed. SO ORDERED. (Signed by Judge P. Kevin Castel on9/9/2010) (jmi) Modified on 11/29/2010 (jmi). (Entered: 09/09/2010)

09/10/2010 132 ENDORSED LETTER addressed to Judge P. Kevin Castel from Martin Karlinskydated 9/10/10 re: Request for leave of Court to make cross-motion for the Court todetermine the value of the lien. ENDORSEMENT: Premotion conference waived forthe crossmotion described in the 9/10 letter. (Signed by Judge P. Kevin Castel on9/10/10) (cd) (Entered: 09/13/2010)

09/13/2010 133 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Sarah Y.Khurana, Esq. in Opposition re: 121 FIRST MOTION for Leave to Appear motion tocompel. Document filed by Sarah Y Khurana. (Khurana, Sarah) Modified on9/15/2010 (db). (Entered: 09/13/2010)

09/13/2010 134 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Martin P.Russo, Esq. in Opposition re: 121 FIRST MOTION for Leave to Appear motion tocompel. Document filed by Martin P Russo. (Khurana, Sarah) Modified on 9/15/2010(db). (Entered: 09/13/2010)

09/13/2010 135 CROSS MOTION Set and determine fee. Document filed by Butzel Long, aprofessional corporation. (Karlinsky, Martin) (Entered: 09/13/2010)

09/13/2010 136 MEMORANDUM OF LAW in Support re: 135 CROSS MOTION Set and determinefee.. Document filed by Butzel Long, a professional corporation. (Karlinsky, Martin)(Entered: 09/13/2010)

09/13/2010 137 AFFIDAVIT of Martin E. Karlinsky in Support re: 135 CROSS MOTION Set anddetermine fee.. Document filed by Butzel Long, a professional corporation.(Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G,# 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 ExhibitExhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit ExhibitN)(Karlinsky, Martin) (Entered: 09/13/2010)

09/13/2010 138 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW inOpposition re: 121 FIRST MOTION for Leave to Appear motion to compel..Document filed by Butzel Long, a professional corporation. (Karlinsky, Martin)Modified on 9/15/2010 (db). (Entered: 09/13/2010)

09/13/2010 139 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Martin E.Karlinsky in Opposition re: 121 FIRST MOTION for Leave to Appear motion tocompel. Document filed by Butzel Long, a professional corporation. (Attachments: # 1Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D,# 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit ExhibitH, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 ExhibitExhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N)(Karlinsky, Martin)Modified on 9/15/2010 (db). (Entered: 09/13/2010)

09/13/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Sarah Yeang Khurana to RE-FILE Document 133Declaration in Opposition to Motion, 134 Declaration in Opposition to Motion.ERROR(S): Supporting/Opposing Documents must be linked to the Correct Motion.(db) (Entered: 09/15/2010)

09/13/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Martin Edward Karlinsky to RE-FILE Document

138 Memorandum of Law in Opposition to Motion, 139 Affidavit in Opposition toMotion. ERROR(S): Supporting Documents must be linked to the Correct Motion.(db) (Entered: 09/15/2010)

09/14/2010 140 AFFIDAVIT of Martin E. Karlinsky in Support re: 121 FIRST MOTION for Leave toAppear motion to compel., 135 CROSS MOTION Set and determine fee.. Documentfiled by Butzel Long, a professional corporation. (Attachments: # 1 Supplement Part 1to Exhibit F of the Affidavit of Martin E. Karlinsky in Support of Cross Motion[Docket # 135] and in Opposition to Motion [Docket #121], # 2 Supplement Part 2 toExhibit F of the Affidavit of Martin E. Karlinsky in Support of Cross Motion [Docket# 135] and in Opposition to Motion [Docket #121], # 3 Supplement Part 3 to Exhibit Fof the Affidavit of Martin E. Karlinsky in Support of Cross Motion [Docket # 135]and in Opposition to Motion [Docket #121], # 4 Supplement Part 4 to Exhibit F of theAffidavit of Martin E. Karlinsky in Support of Cross Motion [Docket # 135] and inOpposition to Motion [Docket #121])(Karlinsky, Martin) (Entered: 09/14/2010)

09/15/2010 141 NOTICE OF APPEARANCE by Jeffrey Eric Gross on behalf of Davidoff Law Firm,P.L.L.C., Jonathan Marc Davidoff (Gross, Jeffrey) (Entered: 09/15/2010)

09/15/2010 142 DECLARATION of Sarah Y. Khurana, Esq. in Opposition. Document filed by SarahY Khurana. (Khurana, Sarah) (Entered: 09/15/2010)

09/15/2010 143 DECLARATION of Martin P. Russo, Esq. in Opposition. Document filed by Martin PRusso. (Khurana, Sarah) (Entered: 09/15/2010)

09/17/2010 144 SECOND REPLY MEMORANDUM OF LAW in Support re: 112 FIRST MOTIONto Transfer Case., 106 FIRST MOTION to Transfer Case., 113 FIRST MOTION toTransfer Case. Sur-SurReply. Document filed by Rima Goldschmidt, Jay M. Green,INYX Inc., Jack Kachkar. (Attachments: # 1 Exhibit Exhibit 1 Order)(Davidoff,Jonathan) (Entered: 09/17/2010)

09/17/2010 145 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 9/17/2010 re: I am preparing to file my clients' Surreply today. Part ofthese exhibits, which are the deposition transcripts of David Zinn from the PuertoRico matter, I would like to file under seal. I request permission from the Court and anorder permitting me to file such transcripts file under seal. ENDORSEMENT: Thedeposition may not be filed under seal on the present record. Defendants have had twochoices: (1) demonstrate that the standard in Lugosch v. Pyramid Co; 435F.3d 110 (2dCir. 2006) is satisfied; or (2) make application to the Court entering the confidentialityorder to have it vacated thus far defendants have done neither. APPLICATIONDENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/17/2010) (jmi)(Entered: 09/20/2010)

09/20/2010 146 MEMORANDUM OF LAW in Opposition to Certain Defendants' Motion to CompelDisclosure [Docket No. 121]. Document filed by Butzel Long, a professionalcorporation. (Karlinsky, Martin) (Entered: 09/20/2010)

09/20/2010 147 AFFIDAVIT of Martin E. Karlinsky in Opposition. Document filed by Butzel Long, aprofessional corporation. (Attachments: # 1 Exhibit Exhibit A to Karlinsky Affidavitin Opposition to Motion to Compel Disclosure, # 2 Exhibit Exhibit B to KarlinskyAffidavit in Opposition to Motion to Compel Disclosure, # 3 Exhibit Exhibit C toKarlinsky Affidavit in Opposition to Motion to Compel Disclosure, # 4 ExhibitExhibit D to Karlinsky Affidavit in Opposition to Motion to Compel Disclosure, # 5

Exhibit Exhibit E to Karlinsky Affidavit in Opposition to Motion to CompelDisclosure, # 6 Exhibit SEE DOCKET NO. 140, # 7 Exhibit Exhibit G to KarlinskyAffidavit in Opposition to Motion to Compel Disclosure, # 8 Exhibit Exhibit H toKarlinsky Affidavit in Opposition to Motion to Compel Disclosure, # 9 ExhibitExhibit I to Karlinsky Affidavit in Opposition to Motion to Compel Disclosure, # 10Exhibit Exhibit J to Karlinsky Affidavit in Opposition to Motion to CompelDisclosure, # 11 Exhibit Exhibit K to Karlinsky Affidavit in Opposition to Motion toCompel Disclosure, # 12 Exhibit Exhibit L to Karlinsky Affidavit in Opposition toMotion to Compel Disclosure, # 13 Exhibit Exhibit M to Karlinsky Affidavit inOpposition to Motion to Compel Disclosure, # 14 Exhibit Exhibit N to KarlinskyAffidavit in Opposition to Motion to Compel Disclosure)(Karlinsky, Martin) (Entered:09/20/2010)

09/24/2010 148 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OFLAW in Opposition re: 106 FIRST MOTION to Transfer Case. Document filed byDavid S. Lenington. (Brower, David) Modified on 9/27/2010 (db). (Entered:09/24/2010)

09/24/2010 149 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRSTMOTION to Appoint Counsel., MOTION for Extension of Time to FileResponse/Reply. Document filed by Jonathan Marc Davidoff, Davidoff Law Firm,P.L.L.C., Rima Goldschmidt, Jay M. Green, INYX Inc., Jack Kachkar.(Davidoff,Jonathan) Modified on 9/27/2010 (db). (Entered: 09/24/2010)

09/24/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney David A.P. Brower to RE-FILE Document 148Reply Memorandum of Law in Opposition to Motion. ERROR(S): OpposingDocuments must be linked to the Correct Motion. (db) (Entered: 09/27/2010)

09/24/2010 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No.149 HAS BEEN REJECTED. Note to Attorney Jonathan Marc Davidoff : THECLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either throughECF or otherwise, except where the judge has ordered that a particular letter bedocketed. Letters may be sent directly to a judge. (db) (Entered: 09/27/2010)

09/27/2010 150 REPLY MEMORANDUM OF LAW in Opposition Lead Plaintiffs Sur-Sur-SurreplyMemorandum In Opposition To Defendants Motion To Transfer Venue AndConsolidate With Similar Pending Matters. Document filed by David S. Lenington.(Brower, David) (Entered: 09/27/2010)

09/29/2010 151 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 9/24/2010 re: Requesting a one month extension to file Defendants'reply. ENDORSEMENT: Denied without prejudice to renewal. Defendants shouldprovide update by October 12 and renew their application at that time. (Signed byJudge P. Kevin Castel on 9/29/2010) (jpo) (Entered: 09/29/2010)

09/30/2010 152 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan MarcDavidoff dated 9/29/10 re: I am requesting an extension of time to file Defendants'Reply for one month. ENDORSEMENT: Time for reply extended to 11/1/10. Soordered. (Replies due by 11/1/2010.) (Signed by Judge P. Kevin Castel on 9/29/10)(rjm) (Entered: 10/01/2010)

11/04/2010 153 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan Marc

Davidoff dated 11/4/10 re: Request to withdraw as counsel for all of the representedDefendants. ENDORSEMENT: File formal motion. Service of motion on alldefendants is required. Motion should be drafted and submitted without attorney-client privileged information and filed on the public record. Motion due 11/12.(Motion due by 11/12/2010.) (Signed by Judge P. Kevin Castel on 11/4/10) (cd)(Entered: 11/05/2010)

11/10/2010 154 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Writ., MOTIONfor Jonathan Marc Davidoff to Withdraw as Attorney. Document filed by JonathanMarc Davidoff, Davidoff Law Firm, P.L.L.C., Rima Goldschmidt, Jay M. Green,INYX Inc., Jack Kachkar. (Attachments: # 1 Affidavit Affirmation and Exhibit, # 2Supplement MEmorandum of Law)(Davidoff, Jonathan) Modified on 11/15/2010(KA). (Entered: 11/10/2010)

11/12/2010 155 FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION forjonathan davidoff to Withdraw as Attorney. Document filed by Jonathan MarcDavidoff, Davidoff Law Firm, P.L.L.C., Rima Goldschmidt, Jay M. Green, INYXInc., Jack Kachkar. (Attachments: # 1 Affidavit)(Davidoff, Jonathan) Modified on11/15/2010 (KA). (Entered: 11/12/2010)

11/15/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Jonathan Marc Davidoff to RE-FILE Document154 MOTION for Writ. MOTION for Jonathan Marc Davidoff to Withdraw asAttorney. ERROR(S): Filing Error of Attachments. Supporting documents must befiled indivdually. Event codes located under Replies, Opposition and SupportingDocuments. (KA) (Entered: 11/15/2010)

11/15/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Jonathan Marc Davidoff to RE-FILE Document155 SECOND MOTION for jonathan davidoff to Withdraw as Attorney. ERROR(S):Filing Error of Attachment. Supporting documents must be filed individually. Eventcodes located under Replies, Opposition and Supporting Documents. (KA) (Entered:11/15/2010)

11/15/2010 156 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated11/12/2010 re: Requesting that the Court allow the individual Defendants to representthemselves pro se, and for Inyx's to be represented pro hac by attorney Bradley H.Trushin of Florida, who is Inyx's counsel in the consolidated Westernbank litigations,also in Federal Court, and is therefore familiar with the Defendants' current litigationpositions. ENDORSEMENT: Motion to withdraw granted without opposition.Defendants are urged to consult this Court's Pro Se Office, Room 230, 500 Pearl St.N.Y., NY. There is no stay in effect. Conference remains set for December 3 at 11 am.(Signed by Judge P. Kevin Castel on 11/15/2010) (jpo) (Entered: 11/16/2010)

11/17/2010 157 ORDER defendant Inyx is advised that, because it is not a natural person, it is notpermitted to appear in this Court, except through an attorney who is admitted topractice in this court. If, by 11/30/10, defendant Inyx fails to cause a Notice ofAppearance to be filed with this court by an attorney admitted to practice before thiscourt, the court will entertain a motion to hold it in default for failure to comply withthis order, and as further set forth in this document. The firm of Brower Pivin isdirected to forthwith serve a copy of this Order on all defendants. (Signed by Judge P.Kevin Castel on 11/16/10) (cd) (Entered: 11/17/2010)

11/22/2010 161 NOTICE OF APPEARANCE by Jack Kachkar appeaing Pro Se. (mro) (Entered:11/30/2010)

11/23/2010 164 NOTICE OF APPEARANCE by Rima Goldschmidt. (mbe) (Entered: 12/07/2010)

11/30/2010 163 ORDER: The pretrial conference previously scheduled for Friday, December 03, 2010at 11:00 a.m. is adjourned to Thursday, December 16, 2010 at 10:15 a.m. inCourtroom 12C at 500 Pearl Street, New York, NY. Plaintiffs counsel is directed tocontact each of the defendants and advise them of the change in the conference date.(Signed by Judge P. Kevin Castel on 11/30/2010) (jpo) (Entered: 12/01/2010)

12/16/2010 167 ORDER. The motions relating to Docket #91, Docket #106, Docket #121 and Docket#135 are terminated, except as noted below. The transcript of the December 16, 2010conference addresses these motions. Insofar as the cross-motion (Docket #135)requests that this Court determine the amount of Butzel Long's retaining lien, thismotion is denied without prejudice. (Signed by Judge P. Kevin Castel on 12/16/10);(djc) (Entered: 12/16/2010)

12/16/2010 Minute Entry for proceedings held before Judge P. Kevin Castel: Motion Conferenceheld on 12/16/2010. Plaintiffs' application to file default judgment is granted andshould be filed by December 22, 2010. Defendants' motion to transfer action andconsolidate to the District of Puerto Rico is denied. Defendants' motion to compel isdenied without prejudice to revisiting the issue. Plaintiffs will apply to Court inDistrict of Puerto Rico to request access to copies of discovery papers. No sanctionswill be ordered at this juncture. Discovery is extended to May 25, 2011. Nextconference is scheduled for June 6, 2011 at 10:30am. Defendants are to direct theirPuerto Rico counsel to furnish copies of discovery documents to NY counsel byJanuary 28, 2011. (mro) (Entered: 12/21/2010)

12/22/2010 168 NOTICE of Lead Plaintiffs Application For A Default Judgment Against DefendantsInyx, Inc. And Steven Handley. Document filed by David S. Lenington. (Brower,David) (Entered: 12/22/2010)

12/22/2010 169 NOTICE of Affidavit of Caitlin M. Moyna In Support Of Lead Plaintiffs ApplicationFor A Default Judgment Against Defendants Inyx Inc. And Steven Handley re: 168Notice (Other). Document filed by David S. Lenington. (Attachments: # 1Exhibit)(Brower, David) (Entered: 12/22/2010)

12/22/2010 170 CERTIFICATE OF SERVICE. Document filed by David S. Lenington. (Brower,David) (Entered: 12/22/2010)

12/23/2010 172 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated12/23/10 re: Request that the Individual Defendants have ten days to file theirrespective opposition papers. ENDORSEMENT: It is well-established law groundedin strong policy interests that a non-material person such as a Inyx, Inc. a corporation,may only appear and be heard through an attorney admitted to practice law before theCourt. Application DENIED. It is also true that Mr. Handley may only be heard on hisown behalf. That application is also DENIED. (Signed by Judge P. Kevin Castel on12/23/10) (cd) (Entered: 12/29/2010)

12/29/2010 173 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar, M.D.,dated 12/29/2010, re: Pursuant to the Honorable Court's ruling of December 23, 2010denying the Individual Defendants' (collectively Jack Kachkar, Rima Goldshmidt and

Jay M. Green, and who are appearing pro se in this matter) December 23, 2010request for leave to reply to Lead Plaintiff's Application, the Individual Defendantsrespectfully request the Honorable Court, at a minimum, grant leave to allow each ofthe Individual Defendants to file a respective response affidavit for themselves (andnot Inyx, Inc.) to the December 22, 2010 affidavit of Caitlin M. Moyna (the "MoynaAffidavit") as such affidavit contains numerous false, unfounded and inaccurateallegations and statements directed against the Individual Defendants themselves; or,in the alternative, on behalf of myself and the other Individual Defendants, werespectfully request that the Honorable Court strike the Moyna Affidavit and orderattorney Moyna to file a new affidavit without allegations and statements directedagainst the Individual Defendants. ENDORSEMENT: The individual defendants mayfile a response, each solely on their own behalf, by January 10, 2011. SO ORDERED.(Signed by Judge P. Kevin Castel on 12/29/2010) (lnl) (Entered: 12/29/2010)

12/29/2010 Set/Reset Deadlines: Responses due by 1/10/2011. (lnl) (Entered: 01/03/2011)

01/03/2011 174 NOTICE of Lead Plaintiffs Application For A Default Judgment Against DefendantsInyx, Inc. And Steven Handley. Document filed by David S. Lenington. (Brower,David) (Entered: 01/03/2011)

01/03/2011 175 NOTICE of Affidavit of Caitlin M. Moyna In Support Of Lead Plaintiffs ApplicationFor A Default Judgment Against Defendants Inyx Inc. And Steven Handley re: 174Notice (Other). Document filed by David S. Lenington. (Attachments: # 1Exhibit)(Brower, David) (Entered: 01/03/2011)

01/03/2011 176 CERTIFICATE OF SERVICE. Document filed by David S. Lenington. (Brower,David) (Entered: 01/03/2011)

01/03/2011 180 Letter addressed to P. Kevin Castel from Jack Kachkar dated December 23, 2010 re:Affirmation of service. Document filed by Jack Kachkar.(jnm) (Entered: 01/06/2011)

01/04/2011 177 TRANSCRIPT of proceedings held on 12/16/2010 before Judge P. Kevin Castel. (ab)(Entered: 01 /04/2011)

01/04/2011 179 Letter addressed to Honorable P. Kevin Castel from Jack Kachkar dated December 29,2010 re: Denial of Leave to reply to lead Plaintiff's Application. Document filed byJack Kachkar.(jnm) (Entered: 01/06/2011)

01/05/2011 178 MOTION to Strike PRO SE DEFENDANT JACK KA CHKARS MOTION ANDINCORPORATED MEMORANDUM FOR CLARIFICATION AND LEAVE TO FILEAN AFFIDAVIT IN CONJUNCTION WITH A MOTION FOR RECONSIDERATIONAND RELIEF. Document filed by David S. Lenington. (Brower, David) (Entered:01/05/2011)

01/06/2011 182 MOTION AND INCORPORATED MEMORANDUM FOR CLARIFICATION ANDLEAVE TO FILE AN AFFIDAVIT IN CONJUNCTION WITH A MOTION FORRECONSIDERATION AND RELIEF, PURSUANT TO LOCAL RULE 6.3 ANDFEDERAL RULES OF CIVIL PROCEDURES 59(e) AND 60(b). Document filed byJack Kachkar. (Attachments: # 1 Part 2)(mbe) (Entered: 01/10/2011)

01/07/2011 183 MOTION OF PRO SE DEFENDANT JACK KACHKAR'S MOTION ANDINCORPORATED MEMORANDUM FOR CLARIFICATION AND LEAVE TOFILE AN AFFIDAVIT IN CONJUNCTION WITH A MOTION FOR

RECONSIDERATION AND RELIEF, PURSUANT TO LOCAL CIVIL RULE 6.3AND FEDERAL RULES OF CIVIL PROCEDURES 59(e) AND 60(b). Documentfiled by Jack Kachkar.(mbe) (Entered: 01/13/2011)

01/13/2011 187 NOTICE OF APPEARANCE by Jay M. Green appearing Pro Se. (mro) (Entered:01/19/2011)

01/13/2011 190 DECLARATION of Jay M. Green in Response to the affidavit of Caitlin M. Moynathat was filed in support of Lead Plaintiff's Application for a default judgment againstdefendants Inyx, Inc. and Steven Handley. Document filed by Jay M. Green.(Attachments: # 1 part 2, # 2 part 3, # 3 part 4, # 4 part 5, # 5 part 6, # 6 part 7, # 7part 8, # 8 part 9, # 9 part 10, # 10 part 11, # 11 part 12)(mro) (Entered: 01/19/2011)

01/13/2011 191 RESPONSE to the Affidavit of Caitlin M. Moyna that was filed in support of LeadPlaintiff's Application for a default judgment against defendants Inyx Inc. and StevenHandley. Document filed by Rima Goldschmidt. (mro) (Entered: 01/19/2011)

01/13/2011 192 NOTICE of re: 191 RESPONSE to the Affidavit of Caitlin M. Moyna that was filed insupport of Lead Plaintiff's Application for a default judgment against defendants InyxInc. and Steven Handley. Document filed by Rima Goldschmidt. (mro) (Entered:01/19/2011)

01/13/2011 193 DECLARATION of Jack Kachkar in Response to the Affidavit of Caitlin M. Moynathat was filed in support of Lead Plaintiff's Application for a default judgment againstdefendants Inyx Inc. and Steven Handley.. Document filed by Jack Kachkar.(Attachments: # 1 part 2, # 2 part 3, # 3 part 4, # 4 part 5, # 5 part 6, # 6 part 7, # 7part 8, # 8 part 9, # 9 part 10, # 10 part 11, # 11 part 12, # 12 part 13, # 13 part 14, #14 part 15, # 15 part 16, # 16 part 17, # 17 part 18, # 18 part 19, # 19 part 20, # 20 part21, # 21 part 22, # 22 part 23)(mro) (Entered: 01/19/2011)

01/13/2011 194 DECLARATION of Rima Goldshmidt in RESPONSE to the Affidavit of Caitlin M.Moyna that was filed in support of Lead Plaintiff's Application for a default judgmentagainst defendants Inyx Inc. and Steven Handley.. Document filed by RimaGoldschmidt. (Attachments: # 1 part 2, # 2 part 3, # 3 part 4, # 4 part 5, # 5 part 6, # 6part 7, # 7 part 8, # 8 part 9, # 9 part 10, # 10 part 1 1 , # 1 1 part 12, # 12 part 13, # 13part 14, # 14 part 15, # 15 part 16, # 16 part 17)(mro) (Entered: 01/19/2011)

01/13/2011 195 JAY M. GREEN'S RESPONSE to the Affidavit of Caitlin M. Moyna that was filed insupport of Lead Plaintiff's Application for a default judgment against defendants InyxInc. and Steven Handley. Document filed by Jay M. Green. (mro) (Entered:01/19/2011)

01/13/2011 196 RESPONSE to the Affidavit of Caitlin M. Moyna that was filed in support of LeadPlaintiff's Application for a default judgment against defendants Inyx Inc. and StevenHandley. Document filed by Jack Kachkar. (Attachments: # 1 part 2)(mro) (Entered:01/19/2011)

01/13/2011 197 NOTICE of re: 195 JAY M. GREEN'S RESPONSE to the Affidavit of Caitlin M.Moyna that was filed in support of Lead Plaintiff's Application for a default judgmentagainst defendants Inyx Inc. and Steven Handley. Document filed by Jay M. Green.(mro) (Entered: 01 / 19/2011)

01/13/2011 200 NOTICE of Pro Se defendant Jack Kachkar's Response to the affidavit of Cailin M.

Moyna that was filed in support of lead plaintiff's application for a default judgmentagainst defendants Inyx, Inc. and Steven Handley. Document filed by Jack Kachkar.(mro) (Entered: 02/02/2011)

01/14/2011 184 ORDER. Lead Plaintiff's prior motion for entry of a default judgment filed onDecember 22, 2010 (Docket #168) is dismissed as moot. (Signed by Judge P. KevinCastel on 1/13/11) (djc) (Entered: 01 /14/2011)

01/14/2011 185 ORDER. (1)Defendants Kachkar, Goldschmidt and Green (collectively, the"Individual Defendants") shall direct counsel who represent them in Federal DepositInsurance Corporation v. Kachkar, et. al., 3:07-cv-1606-ADC (D.P.R.), f/k/aWesternbank Puerto Rico v. Kachkar, et. al., 3:07-cv-1606-ADC (D.P.R.) (the "PuertoRico Action") to produce to Lead Plaintiff no later than January 28, 2011 alldocuments that any party - whether or not a party to this action -has produced to anyother party in the Puerto Rico Action that are responsive to Plaintiff's First Request forProduction of Documents, served on defendants on March 22, 2010; (2) TheIndividual Defendants shall produce to Lead Plaintiff the affidavit(s) that has or havebeen filed in Federal Deposit Insurance Corporation v. Kachkar, et. al., 3:07-cv-1606ADC (D.P.R.), f/k/a Westernbank Puerto Rico v. Kachkar, et. al., 3:07-cv-1606-ADC (D.P.R.) regarding the Individual Defendants' assets and funds in unredactedformat no later than January 28, 2011; and (3) Lead Plaintiff shall advise theIndividual Defendants' former attorneys in this action, Butzel Long, P.C. and MartinP. Russo, to hold safe and secure all documents in the possession or control of eitherthat were obtained by them in the course of the representation of any defendant in thisaction pending further determinations concerning the Individual Defendants' motion tocompel production of such documents by service of a copy of this order upon suchfirms within ten (10) days of entry of this order. (Signed by Judge P. Kevin Castel on1/13/11). (djc) Modified on 1/25/2011 (djc). (Entered: 01/14/2011)

01/14/2011 186 ORDER. (Denying 182 motion for clarification and leave to file); Defendant's motion(Docket # 182) is denied. Lead plaintiffs Motion to Strike (Docket #178) defendant'sMotion for Clarification and Leave to File an Affidavit in Conjunction with A Motionfor Reconsideration is denied. Lead plaintiff also requests attorney's fees pursuant to28 U.S.C. § 1927 for fees incurred in responding to Defendant Jack Kachkar's Motionfor Clarification and Leave to File an Affidavit in Conjunction with A Motion forReconsideration. This Court does not view this pro se defendant's motion asvexatious, and therefore denies lead plaintiffs request for attorneys fees. (Signed byJudge P. Kevin Castel on 1/13/11) (djc) (Entered: 01/14/2011)

01/14/2011 188 REPLY AFFIRMATION of Jack Kachkar in Support re: 183 MOTION PRO SEDEFENDANT JACK KACHKAR'S MOTION AND INCORPATEDMEMORANDUM FOR CLARIFICATION AND LEAVE TO FILE ANAFFIDAVIT IN CONJUNCTION WITH A MOTION FOR RECONSIDERATIONAND RELIEF, PURSUANT TO LOCAL CIVIL RULE 6.3. Document filed by JackKachkar. (mro) (Entered: 01/19/2011)

01/14/2011 189 NOTICE of re: 188 REPLY AFFIRMATION of Jack Kachkar in Support re: 183MOTION PRO SE DEFENDANT JACK KACHKAR'S MOTION ANDINCORPATED MEMORANDUM FOR CLARIFICATION AND LEAVE TO FILEAN AFFIDAVIT IN CONJUNCTION WITH A MOTION FORRECONSIDERATION AND RELIEF, PURSUANT TO LOCAL CIVIL RULE 6.3.Document filed by Jack Kachkar. (mro) (Entered: 01 / 19/2011)

01/19/2011 198 ENDORSED LETTER addressed to Judge P. Kevin Castel from Caitlin M. Moynadated 1/19/2011 re: Requesting that Plaintiff be granted leave to file a motion forsummary judgment under F.R.C.P. 56(a) against the Non-defaulting Defendants solelyas to their liability as "control persons" under Section 20(a) of the Securities ExchangeAct U.S.C. 78. ENDORSEMENT: What plaintiffs propose is "issue preclusion" or"collateral estoppel" against the section 20 defendants. Issue preclusion -at face value-would require that the issue have been "actually" and "necessarily" litigated in thefirst proceeding. A default judgment does not require an inquiry into the merits of aclaim. Thus, in obtaining a default, it would not appear that the issue was "actually"litigated. That the defaulting party may not ever challenge the "merits" does not meanthat a non-defaulting party is bound. Dictum in "R" Best is not to the contrary. If theproposition urged were true, then a default by one of a dozen section 20(a) defendantsdefaulted, it would be binding as to a primary violation as to the corporation and theeleven non-defaulting section 20(a) defendants. Such a result would not likely survivea due process scrutiny. Lead Plaintiff is welcome to make a further submission byJanuary 26. Plaintiff s counsel should fax this order to all parties. (Signed by Judge P.Kevin Castel on 1/19/2011) (jpo) (Additional attachment(s) added on 1/19/2011: # 1Endorsement) (jpo). (Entered: 01/19/2011)

01/26/2011 199 MEMORANDUM OF LAW in Support Of Request For Leave To Move For PartialSummary Judgment Against Defendants Kachkar, Green And Goldschmidt And InSupport Of A Request For The Court To Conduct An Inquest On Damages. Documentfiled by David S. Lenington. (Brower, David) (Entered: 01/26/2011)

01/28/2011 201 INDIVIDUAL DEFENDANTS' NOTICE OF COMPLIANCE WITH COURTORDER AND INFORMATIVE MOTION. Document filed by Jack Kachkar.(Attachments: # 1 part 2)(mro) (Entered: 02/02/2011)

01/28/2011 213 NOTICE of Informative Motion and Individual defendants' Notice of Compliancewith the Court Order filed on 1/28/11. Document filed by Rima Goldschmidt, Jay M.Green, Jack Kachkar. (mro) (Entered: 02/24/2011)

02/07/2011 202 ORDER: On January 28, 2011, Lead Plaintiff submitted a memorandum of lawaddressing this issue. (Docket #199.) The reasons set forth in the memorandum havepersuaded the Court that an expedited inquest on damages is appropriate in this case.The Court will conduct an inquest as to damages on April 6, 2011 at 10:30 a.m.(Signed by Judge P. Kevin Castel on 2/7/2011) (jfe) (Entered: 02/07/2011)

02/22/2011 203 MOTION for Summary Judgment. Document filed by David S. Lenington.(Brower,David) (Entered: 02/22/2011)

02/22/2011 204 DECLARATION of Caitlin Moyna in Support re: 203 MOTION for SummaryJudgment.. Document filed by David S. Lenington. (Attachments: # 1 Exhibit, # 2Exhibit, # 3 Exhibit, # 4 Exhibit)(Brower, David) (Entered: 02/22/2011)

02/22/2011 205 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU -MOTION to Seal Document 203 MOTION for Summary Judgment. Document filedby David S. Lenington. (Brower, David) Modified on 2/23/2011 (ka). (Entered:02/22/2011)

02/22/2011 206 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for SummaryJudgment Against Defendant Kachkar for Section 20(a) Claim. Document filed byDavid S. Lenington. (Attachments: # 1 Supplement Redacted Rule 56.1 Statement of

Material Facts, # 2 Supplement Redacted Memorandum of Law in Support of Motionfor Partial Summary Judgment)(Brower, David) Modified on 2/23/2011 (ka).(Entered: 02/22/2011)

02/22/2011 207 FILING ERROR - DUPLICATED DOCKET ENTRY - MOTION for SummaryJudgment Motion to File Documents Under Seal. Document filed by David S.Lenington. (Brower, David) Modified on 2/23/2011 (ka). (Entered: 02/22/2011)

02/22/2011

214 MOTION for Reconsideration pursuant to Local Rule 6.3. Document filed by JackKachkar.(mbe) Modified on 2/28/2011 (jnm). (Entered: 02/28/2011)

02/23/2011

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR.Note to Attorney David A.P. Brower to RE-FILE Document 205 MOTION to SealDocument 203 MOTION for Summary Judgment. Use the event type Declaration inSupport of Motion found under the event list Replies, Opposition and SupportingDocuments. (ka) (Entered: 02/23/2011)

02/23/2011

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney David A.P. Brower to RE-FILE Document 206FIRST MOTION for Summary Judgment Against Defendant Kachkar for Section20(a) Claim .FIRST MOTION for Summary Judgment Against Defendant Kachkar forSection 20(a) Claim.. ERROR(S): Filing Error of Attachments. SupportingDocuments and Rule 56.1 Statement must be filed individually. Event codes forsupporting documents located under Replies, Opposition and Supporting Documents.Rule 56.1 Statement event code located under Other Answers. (ka) (Entered:02/23/2011)

02/23/2011 208 DECLARATION of Caitlin M. Moyna in Support re: 203 MOTION for SummaryJudgment.. Document filed by David S. Lenington. (Brower, David) (Entered:02/23/2011)

02/23/2011 209 MEMORANDUM OF LAW in Support re: 203 MOTION for Summary Judgment..Document filed by David S. Lenington. (Brower, David) (Entered: 02/23/2011)

02/23/2011 210 RULE 56.1 STATEMENT. Document filed by David S. Lenington. (Brower, David)(Entered: 02/23/2011)

02/23/2011 211 ENDORSED LETTER addressed to Judge P. Kevin Castel from Caitlin M. Moynadated 2/22/2011 re: Plaintiff requests that the Court waive the requirements ofAddendum A and permit plaintiff to plaintiff to file redacted versions of hismemorandum of law, and to file unredacted versions of the documents as well ascertian exhibits under seal with the Clerk of Court. ENDORSEMENT: Let any partywho opposes the filing of the documents referenced in Ms. Maynas letter of Feb 22,show cause in writing by Feb 28 why the documents ought not be filed on the publicrecord. So Ordered. (Signed by Judge P. Kevin Castel on 2/22/2011) (jfe) (Entered:02/23/2011)

02/28/2011 215 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated2/28/11 re: Pro Se Defendant writes to outline why the documents related to LeadPlaintiffs proposed "Summary Judgment Motion" should be filed under seal.ENDORSEMENT: I allow Lead Plaintiff to file the documents outlined in the Feb.22, 2011 letter and the Feb 28, 2011 letter provisionally under seal with the redactedversion on the public record. I reserve the right to revisit the issue after I have

reviewed the material. (Signed by Judge P. Kevin Castel on 2/28/11) (pl) (Entered:03/01/2011)

03/04/2011 216 SEALED DOCUMENT placed in vault.(nm) (Entered: 03/04/2011)

03/07/2011 217 ORDER: Defendant Jack Kachkar, proceeding pro se, moves for this Court toreconsider this Court's Order dated February 7, 2011 (Docket #202)which, under theCourt's Individual Practices, allowed Lead Plaintiff to file a motion for summaryjudgment by February 19, 2011. This Court has reconsidered its decision but declinesto modify its original ruling. Although this Court may control the timing of a motionfor summary judgment, Rule 16(c)(2)(E), Fed. R. Civ. P., it ought not preclude a partyfrom filing a motion which the Federal Rules of Civil Procedure allows. Defendant'smotion to reconsider (Docket # 214) is Denied. Jack Kachkar also requests access tothe CM/ECF filing system and has submitted an application to the Pro Se Office.(Docket # 182.)Petition to obtain access is granted. All other provisions as further setforth in this order. So Ordered. (Signed by Judge P. Kevin Castel on 3/4/2011) (js)(Entered: 03/07/2011)

03/11/2011 218 ENDORSED LETTER addressed to Judge P. Kevin Castel from David Brower dated3/10/11 re: Request for an additional week to file reply brief, so that it would be dueon 3/28/11. ENDORSEMENT: Application granted. (Reply due by 3/28/2011.)(Signed by Judge P. Kevin Castel on 3/10/11) (cd) (Entered: 03/11/2011)

03/14/2011 219 ENDORSED LETTER: addressed to Judge P. Kevin Castel from Jack Kachkar dated3/10/2011 re: Pro Se defendant requests until March 21, 2011 to submit an Oppositionto Lead Plaintiff's Partial Summary Judgment Motion. ENDORSEMENT: DefendantJack Kachkar's request for an extension is granted. Defendant must file his oppositionpapers by March 21, 2011. In light of Lead Plaintiff's March 10, 2011 letter requestingan extension for filing the reply Lead Plaintiff must file the reply by March 30, 2011.So Ordered. (Signed by Judge P. Kevin Castel on 3/11/11) (js) (Entered: 03/14/2011)

03/22/2011 220 MOTION to Strike Lead Plaintiff's Partial Summary Judgment Motion, or in theAlternative, continue Lead Plaintiff's Motion pending Additional Document andDeposition Discovery, and Proper Notice pursuant to Local Rule 56.2. Document filedby The Pennsylvania Avenue Funds. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part4)(mbe) (Entered: 03/23/2011)

03/23/2011 221 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar, M.D.dated 3/21/2011 re: Pro Se Defendant writes to the Court to notify Your Honor thatLead Plaintiff in this Action has failed to comply with this Court's Local Civil Rule56.2. ENDORSEMENT: Plaintiff is directed to comply with Local Rule 56.2 no laterthan March 30. Defendants may supplement their response by April 11. All otherrelief denied. (Signed by Judge P. Kevin Castel on 3/23/2011) (tro) (Entered:03/23/2011)

04/05/2011 222 NOTICE of PURSUANT TO LOCAL CIVIL RULE 56.2 TO PRO SE LITIGANTDEFENDANT JACK KACHKAR. Document filed by David S. Lenington. (Brower,David) (Entered: 04/05/2011)

04/05/2011 235 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated4/5/2011 re: Plaintiff request for continuance of the Court's inquest on damages to thedefaulting defendants' scheduled for 4/6/11. ENDORSEMENT: Application DENIED.The request will go forward as scheduled. So Ordered. (Signed by Judge P. Kevin

TI Castel on 4/5/2011) (jfe) Modified on 5/13/2011 (jfe). (Entered: 05/10/2011)

04/06/2011 Minute Entry for proceedings held before Judge P. Kevin Castel: Inquest Hearing heldon 4/6/2011. Present for Plaintiffs: David Brower, Caitlin Moyna. No appearance ofany Defendant. Court Reporter: Vincent Bologna. Direct testimony of JohnHammerslough (sworn) by Mr. Brower. Qualified as an Expert. Plaintiffs Ex. 1,Plaintiffs Ex. 2 id, offd & recd. Court reserves decision. (mbe) (Entered: 04/06/2011)

04/08/2011 223 ENDORSED LETTER addressed to Judge P. Kevin Castel from David A.P. Browerdated 4/6/11 re: We write to request permission to file a motion, pursuant to Fed. R.Civ. P. 23(a) and (b)(3), for class certification of the action. ENDORSEMENT:Plaintiff may move for class certification provided it does so by April 25. Anyresponse is due by May 13. Any reply by May 26. So ordered. (Motion for ClassCertification due by 4/25/2011. Responses due by 5/13/2011. Replies due by5/26/2011.) (Signed by Judge P. Kevin Castel on 4/8/11) (rjm) (Entered: 04/08/2011)

04/11/2011 224 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar dated4/11/11 re: Defendant requests a short 3-day extension within which to supplement hisresponse to Lead Plaintiff's Partial summary judgment motion. ENDORSEMENT:Defendant Kachkar's time to respond (DE 221) is extended to April 15, 2011. SOORDERED. (Responses due by 4/15/2011). (Signed by Judge P. Kevin Castel on4/11 /11) (djc) (Entered: 04/11/2011)

04/15/2011 225 SUPPLEMENTAL MOTION in Opposition to Lead Plaintiff's Partial SummaryJudgment. Document filed by Jack Kachkar. (Attachments: # 1 Part 2, # 2 Part 3, # 3Part 4, # 4 Part 5)(mbe) (Attachment 2 replaced on 5/24/2011) (kj). (Entered:04/18/2011)

04/22/2011 226 REPLY MEMORANDUM OF LAW in Support re: 203 MOTION for SummaryJudgment.. Document filed by David S. Lenington. (Brower, David) (Entered:04/22/2011)

04/25/2011 227 MOTION to Appoint Counsel., MOTION to Certify Class. Document filed by ThePennsylvania Avenue Funds. (Brower, David) (Entered: 04/25/2011)

04/25/2011 228 MEMORANDUM OF LAW in Support re: 227 MOTION to Appoint Counsel.MOTION to Certify Class.. Document filed by The Pennsylvania Avenue Funds.(Brower, David) (Entered: 04/25/2011)

04/25/2011 229 DECLARATION of John Hammerslough in Support re: 227 MOTION to AppointCounsel. MOTION to Certify Class.. Document filed by The Pennsylvania AvenueFunds. (Brower, David) (Entered: 04/25/2011)

04/25/2011 230 DECLARATION of David S. Lenington in Support re: 227 MOTION to AppointCounsel. MOTION to Certify Class.. Document filed by The Pennsylvania AvenueFunds. (Brower, David) (Entered: 04/25/2011)

04/25/2011 231 DECLARATION of Caitlin Moyna in Support re: 227 MOTION to Appoint Counsel.MOTION to Certify Class.. Document filed by The Pennsylvania Avenue Funds.(Brower, David) (Entered: 04/25/2011)

04/28/2011 232 TRANSCRIPT of Proceedings re: hearing held on 4/6/11 before Judge P. KevinCastel. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript maybe viewed at the court public terminal or purchased through the Court

Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterthat date it may be obtained through PACER. Redaction Request due 5/23/2011.Redacted Transcript Deadline set for 6/3/2011. Release of Transcript Restriction setfor 8/1/2011. (Moya, Goretti) (Entered: 04/28/2011)

04/28/2011 233 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a hearing proceeding held on 4/6/11 has been filed by the courtreporter/transcriber in the above-captioned matter. The parties have seven (7) calendardays to file with the court a Notice of Intent to Request Redaction of this transcript. Ifno such Notice is filed, the transcript may be made remotely electronically available tothe public without redaction after 90 calendar days ... (Moya, Goretti) (Entered:04/28/2011)

05/05/2011 234 MEMORANDUM AND ORDER: Lead plaintiffs motion for partial summaryjudgment is denied without prejudice to renewal after the close of discovery. (Docket# 203.) Kachkar's motion to strike lead plaintiffs motion is denied as moot. (Docket #220.) (Signed by Judge P. Kevin Castel on 5/4/2011) (jfe) (Entered: 05/05/2011)

05/12/2011 238 ENDORSED LETTER addressed to Judge P. Kevin Castel from Rima Goldschmidtdated 5/11/2011 re: Defendant Rima Goldschmidt writes to request a 10-day extensionfor the Individual Defendants to serve and file their responses to Lead Plaintiff'sMotion. ENDORSEMENT: Time for all defendants to respond to motion for classcertification extended to May 23. Reply, if any, due June 7. (Responses due by5/23/2011. Replies due by 6/7/2011.) (Signed by Judge P. Kevin Castel on 5/12/2011)(ab) (Entered: 06/01/2011)

05/24/2011 236 ORDER: In light of the pending motion for class certification, the conferencescheduled for 6/6/2011 at 10:30 AM is VACATED. (Signed by Judge P. Kevin Castelon 5/24/2011) (ab) (Entered: 05/24/2011)

06/01/2011 237 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jack Kachkar, MDdated 5/27/2011 re: Requesting an Informal Conference with the Court, so that alloutstanding discovery issues, matters and disputes may be heard and/or resolved.ENDORSEMENT: Application Denied. Any issue any party wishes to raise on thesubject of discovery -- which they have not already addressed in correspondence,should be set forth in a letter to the Court to be received via fax by 2pm June 2.(Signed by Judge P. Kevin Castel on 5/31/2011) (jpo) (Entered: 06/01/2011)

06/02/2011 239 ORDER: The Clerk of the Court is directed to terminate the pending motionassociated with Docket # 225 . This motion was addressed in the Memorandum andOrder filed on May 5, 2011. (Docket# 234 .) SO ORDERED. Motions terminated: 225MOTION in Opposition to Lead Plaintiff's Partial Summary Judgment, filed by JackKachkar. (Signed by Judge P. Kevin Castel on 6/1/2011) (lnl) (Entered: 06/02/2011)

06/06/2011 242 Notice of Motion and Memorandum in Support of Defendant Jack Kachkar's Motionto Strike Lead Plaintiff's Untimely June 3, 2011 Response to the Court's May 31, 2011Discovery Order [Docket No. 237 entered on June 1, 2011]. Document filed by JackKachkar.(mbe) (Additional attachment(s) added on 6/10/2011: # 1 Extra pg, # 2 part3) (mbe). (Entered: 06/10/2011)

06/07/2011 240 REPLY MEMORANDUM OF LAW in Support re: 227 MOTION to AppointCounsel. MOTION to Certify Class.. Document filed by David S. Lenington.(Brower, David) (Entered: 06/07/2011)

06/08/2011 241 ORDER: In light of these events, I will extend the deadline for all defendants torespond to Lead Plaintiffs motion for class certification until June 20,2011; LeadPlaintiff may file a reply, if any, by July 5,2011. After reviewing the letters submittedby the parties, the exhibits referred to therein and the other pertinent documents, Idecline to extend the date for the completion of all fact discovery, but the parties maypursue any previously served document demands in the Westembank Litigationthrough September 2, 2011. As to the other discovery requests, defendants have notpersuaded me that the discovery they now seek to obtain could not, with diligenteffort, have been obtained before May 25,2011. The date for completion of expertdiscovery is September 2, 2011. The Final Pretrial Conference in this case is October7,2011 at 2:45 p.m. All Final Pretrial Submissions, including the Joint Pretrial Order,Voir Dire Requests, Requests to Charge, the Verdict Form, and fully submittedmotions in limine are due September 23, 2011. (Signed by Judge P. Kevin Castel on6/7/2011) (jpo) (Entered: 06/08/2011)

06/23/2011 243 ORDER: The Court is not persuaded that defendants will be "prejudiced" if thedeadline for filing a response is not extended beyond June 20, 2011. The IndividualDefendants assert that the extension is required to prepare a rebuttal to Mr.Hammerslough' s testimony that the market for Inyx, Inc. securities was efficientthroughout the Class Period. (Defs. June 20, 2011 Letter at 1.) Defendants, however,have had ample time to prepare a rebuttal argument and nothing precluded defendantsfrom obtaining their own expert to speak to these issues, rather than relying on theavailability of Mr. Hammerslough. The Individual Defendants also refer to an injurythat has prevented the "current non-insider Inyx shareholder" from completing adeclaration setting forth the "significant conflicts between putative class members,"but they have not set forth the precise nature of this conflict or sufficiently describedhow the content of this declaration will impact the Court's decision to certify the class.l (Defs. June 20, 2011 Letter at 3.) The Court, therefore, declines to extend defendants'deadline for filing response papers. (Signed by Judge P. Kevin Castel on 6/22/2011)(jpo) (Entered: 06/23/2011)

06/23/2011 244 ORDER: Setting aside the issue ofwhether Rule 12(f) can be used to strike materialcontained in a letter rather than a pleading, Kachkar has not persuaded the Court thatthere is a strong reason for striking the June 3, 2011 Letter. Although Kachkar assertsthat it contravenes the May 31, 2011 Order directing the parties to raise any discoveryissues by June 2,2011, a fair reading ofthe June 3 Letter is that it does not raise anynew discovery issues; rather, it is responsive to the matters raised in the June 2, 2011Letter and discovery issues already before the Court. Kachkar's motion to strike(Docket # 242) is DENIED.. (Signed by Judge P. Kevin Castel on 6/22/2011) (jpo)(Entered: 06/23/2011)

06/30/2011 245 Letter addressed to Judge P. Kevin Castel from Rima Goldshmidt dated 5/23/2011 re:Counsel for the Individual Defendants writes to request that the Court deny LeadPlaintiff's Motion or in the alternative, Defendants request that the Court conduct ahearing in relation to Lead Plaintiff's Motion based on the issues raised. (ab) (Entered:06/30/2011)

06/30/2011 246 Letter addressed to Judge P. Kevin Castel from Jack Kachkar, Rima Goldshmidt, JayM. Green dated 6/20/11 re: The individual defendants request an additional 60 days tofile a supplemental response to Lead Plaintiff's Motion for Class Certification. (mro)(Entered: 07/05/2011)

07/05/2011 248 ORDER: For the reasons set forth above, lead plaintiffs motion for class certification(Docket # 227) is GRANTED. Bower Piven is appointed class counsel and leadplaintiff is appointed class representative. The Clerk of the Court is directed toterminate this motion. (Signed by Judge P. Kevin Castel on 7/5/2011) (jfe) (Entered:07/06/2011)

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