united states district court district of massachusetts...

US District Court Civil Docket as of 05/01/2006 Retrieved from the court on Tuesday, August 01, 2006

United States District Court District of Massachusetts (Boston)

CIVIL DOCKET FOR CASE #: 1:01-cv-10322-RWZ

El-Hadary, et al v. Xchange, Inc., et al Assigned to: Judge Rya W. Zobel Demand: $0 Related Cases: 1:01-cv-10507-RWZ 1:01-cv-10691-RWZ Cause: 12:22 Securities Fraud

Date Filed: 02/21/2001 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Shwikar El-Hadary Individually and on behalf of all others simarlarly situated.

represented by D. James Mackall Johnson & Perkinson 1690 Williston Road South Burlington, VT 05403 LEAD ATTORNEY ATTORNEY TO BE NOTICED Dennis J. Johnson Johnson & Perkinson 1690 Williston Road South Burlington, VT 05403 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory H. Mathews Johnson & Perkinson 1690 Williston Road South Burlington, VT 05403 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jacob B. Perkinson JOHNSON & PERKINSON 1690 Williston Road South Burlington, VT 05403 802-862-0030 LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter A. Lagorio Law Office of Peter A. Lagorio 63 Atlantic Avenue Boston, MA 02110

617-367-4200 Fax: 617-227-3384 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David Pastor Gilman and Pastor, LLP 225 Franklin Street 16th Floor Boston, MA 02110 617-742-9700 Fax: 617-742-9701 Email: [email protected] ATTORNEY TO BE NOTICED James F. Conway, III Johnson & Perkinson 1690 Williston Road South Burlington, VT 05403 802-862-0300 Fax: 802-862-0060 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

The Issac Group represented by D. James Mackall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dennis J. Johnson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory H. Mathews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jacob B. Perkinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter A. Lagorio (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED James F. Conway, III (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Xchange, Inc. represented by Corin R. Swift Bingham McCutchen LLP 150 Federal Street 17th street Boston, MA 02110 617-951-8020 Fax: 617-951-8736 Email: [email protected] TERMINATED: 07/23/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Eunice E. Lee Bingham McCutchen LLP 150 Federal Street Boston, MA 02110 617-951-8000 Fax: 617-951-8736 TERMINATED: 03/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert A. Buhlman Bingham McCutchen LLP 150 Federal Street Boston, MA 02110 617-951-8717 Fax: 617-951-8736 Email: [email protected] TERMINATED: 07/27/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Andrew J. Frawley represented by Corin R. Swift (See above for address) TERMINATED: 07/23/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eunice E. Lee (See above for address) TERMINATED: 03/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert A. Buhlman (See above for address) TERMINATED: 07/27/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D. Frank Bingham McCutchen, LLP 150 Federal Street Boston, MA 02110 617-951-8153 Fax: 617-951-8736 Email: [email protected] ATTORNEY TO BE NOTICED Lawrence T. Stanley, Jr. Bingham McCutchen LLP 150 Federal Street Boston, MA 02110 617-951-8721 Fax: 617-951-8736 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

F. Daniel Haley represented by Corin R. Swift (See above for address) TERMINATED: 07/23/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Eunice E. Lee (See above for address) TERMINATED: 03/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert A. Buhlman (See above for address) TERMINATED: 07/27/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason D. Frank (See above for address) ATTORNEY TO BE NOTICED Lawrence T. Stanley, Jr. (See above for address) ATTORNEY TO BE NOTICED

Defendant

Robin Green represented by Corin R. Swift (See above for address) TERMINATED: 07/23/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Eunice E. Lee (See above for address) TERMINATED: 03/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert A. Buhlman (See above for address) TERMINATED: 07/27/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D. Frank (See above for address) ATTORNEY TO BE NOTICED Lawrence T. Stanley, Jr. (See above for address) ATTORNEY TO BE NOTICED

Defendant

David G. McFarlane represented by Corin R. Swift (See above for address) TERMINATED: 07/23/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Eunice E. Lee (See above for address) TERMINATED: 03/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert A. Buhlman (See above for address) TERMINATED: 07/27/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D. Frank (See above for address) ATTORNEY TO BE NOTICED Lawrence T. Stanley, Jr. (See above for address) ATTORNEY TO BE NOTICED

Defendant

Arthur Andersen TERMINATED: 02/13/2006

represented by Corin R. Swift (See above for address) TERMINATED: 07/23/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward P. Leibensperger McDermott, Will & Emery 28 State Street Boston, MA 02109-1775 617-535-4046 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert A. Buhlman (See above for address) TERMINATED: 07/27/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

John G. O'Brien represented by Robert A. Buhlman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D. Frank (See above for address) ATTORNEY TO BE NOTICED Lawrence T. Stanley, Jr.

(See above for address) ATTORNEY TO BE NOTICED

Notice

A. David Mazzone

Date Filed # Docket Text

02/21/2001 1 Complaint filed. Case assigned to Judge: Zobel. Receipt #: 28978 Amount:$ 150.00. Fee Status: pd (jdj) (Entered: 02/23/2001)

02/21/2001 Summons issued for Xchange, Inc., Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane (jdj) (Entered: 03/16/2001)

02/28/2001 2 Return of service executed as to Robin Green with service on 2/23/01 filed. Answer due on 3/15/01 for Robin Green (jdj) (Entered: 02/28/2001)

02/28/2001 3 Return of service executed as to F. Daniel Haley with service on 2/23/01 filed. Answer due on 3/15/01 for F. Daniel Haley (jdj) (Entered: 02/28/2001)

02/28/2001 4 Return of service executed as to David G. McFarlane with service on 2/23/01 filed. Answer due on 3/15/01 for David G. McFarlane (jdj) (Entered: 02/28/2001)

02/28/2001 5 Return of service executed as to Xchange, Inc. with service on 2/23/01 filed. Answer due on 3/15/01 for Xchange, Inc. (jdj) (Entered: 02/28/2001)

02/28/2001 6 Return of service executed as to Andrew J. Frawley with service on 2/23/01 filed. Answer due on 3/15/01 for Andrew J. Frawley (jdj) (Entered: 02/28/2001)

03/13/2001 7 Request (non motion)for original summons by Rhonda D'Ambrosio filed. (jdj) (Entered: 03/14/2001)

03/14/2001 Summons issued for CT Corp. (jdj) (Entered: 03/14/2001)

03/15/2001 8 Motion by Xchange, Inc., Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane to extend time to 4/23/01 to answer complaint , filed. (jdj) (Entered: 03/15/2001)

03/15/2001 Judge Rya W. Zobel . Endorsed Order entered granting [8-1] motion to extend time to 4/23/01 to answer complaint . [EOD Date 3/15/01] cc/cl (jdj) (Entered: 03/15/2001)

04/06/2001 9 Acknowledgement of service as to Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 on 4/3/01 , Answer due on 4/23/01 for David G. McFarlane, for Robin Green, for F. Daniel Haley, for Andrew J. Frawley, for Xchange, Inc. filed. (jdj) (Entered: 04/09/2001)

04/20/2001 13 Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 for Dennis J. Johnson, Jacob B.Perkinson, and D.James Mackall to appear

pro hac vice fee status: pd fee amt: $150.00 Receipt #: 30573 , filed. (jdj) (Entered: 04/27/2001)

04/23/2001 10 Motion by The Issac Group in 1:01-cv-10322 to transfer case and consolidate all related actions for appointment of lead plaintiff and selection of lead and liaison counsel , filed cs. (jdj) (Entered: 04/23/2001)

04/23/2001 11 Memorandum by The Issac Group in 1:01-cv-10322 in support of [10-1] motion to transfer case and consolidate all related actions for appointment of lead plaintiff and selection of lead and liaison counsel , filed. (jdj) (Entered: 04/23/2001)

04/23/2001 Supplemental/Addendum [10-1] motion to transfer case and consolidate all related actions for appointment of lead plaintiff and selection of lead and liaison counsel by The Issac Group in 1:01-cv-10322 , filed. (jdj) (Entered: 04/23/2001)

04/24/2001 12 Assented to Motion by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 to extend time to 4/30/01 to answer complaint , filed. (jdj) (Entered: 04/25/2001)

04/27/2001 Judge Rya W. Zobel . Endorsed Order entered granting [12-1] motion to extend time to 4/30/01 to answer complaint . [EOD Date 4/27/01] cc/cl (jdj) (Entered: 04/27/2001)

05/01/2001 Judge Rya W. Zobel . Endorsed Order entered granting [13-1] motion for Dennis J. Johnson, Jacob B.Perkinson, and D.James Mackall to appear pro hac vice fee status: pd fee amt: $150.00 Receipt #: 30573 Added Dennis J. Johnson, Jacob B. Perkinson, D. James Mackall .cc/cl [EOD Date 5/4/01] (jdj) (Entered: 05/04/2001)

05/07/2001 14 Response by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 to [10-1] motion to transfer case and consolidate all related actions for appointment of lead plaintiff and selection of lead and liaison counsel , filed cs. (jdj) (Entered: 05/08/2001)

05/15/2001 15 Judge Rya W. Zobel . Notice of Hearing/conference: Motion hearing/scheduling conference set for 2:30 6/12/01 for [10-1] motion to transfer case and consolidate all related actions for appointment of lead plaintiff and selection of lead and liaison counsel . cc/cl (jdj) (Entered: 05/15/2001)

06/12/2001 16 Judge Rya W. Zobel . Order regarding Consolidation, Master Docket and Master Files entered . cc/cl [EOD Date 6/12/01] (jdj) (Entered: 06/12/2001)

06/12/2001 Scheduling conference held . (jdj) (Entered: 06/13/2001)

06/12/2001 17 Judge Rya W. Zobel . Clerk's Notes: re: motion hearing held, set dispositive motion filing deadline for 8/27/01 , Response to dispositive motion due 9/26/01 , Reply to Response to dispositive Motion due 10/31/01 , hearing set for 2:00 10/9/01 Court Reporter: (jdj) (Entered: 06/13/2001)

07/20/2001 18 Assented to Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 to extend time to 8/3/01 to file amended complaint and incorporated memorandum of law with proposed scheduling order attached , filed. (lau) (Entered: 07/23/2001)

08/03/2001 19 Consolidated Amended complaint by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 filed. (Answer due 8/13/01 for David G. McFarlane, for Robin Green, for F. Daniel Haley, for Andrew J. Frawley, for Xchange, Inc. ) . Amended complaint amends [1-1] complaint. filed cs (pleading cannot be scanned because of binding) (jdj) Modified on 08/07/2001 (Entered: 08/07/2001)

08/07/2001 Judge Rya W. Zobel . Endorsed Order entered granting [18-1] motion to extend time to 8/3/01 to file amended complaint and incorporated memorandum of law with proposed scheduling order attached . cc/cl [EOD Date 8/7/01] (jdj) (Entered: 08/07/2001)

08/07/2001 20 Judge Rya W. Zobel . Scheduling Order entered setting Joining of parties, amending of pleadings on 8/3/01 Deadline for filing of defts dispositive motions 9/5/01 motion hearing set for 10/24/01 at 2:30 . cc/cl (see order for detail) [EOD Date 8/7/01] (jdj) (Entered: 08/07/2001)

08/08/2001 21 Transcript of proceedings for held on proceeding date: 6/6/01 before Judge: Zobel. Court Reporter: James McLaughlin (jdj) (Entered: 08/08/2001)

08/08/2001 22 Letter by Rhonda D'Ambrosio for Shwikar El-Hadary in 1:01-cv-10322 dated: 8/7/01 to: Court re: request for a summons filed. (jdj) (Entered: 08/08/2001)

08/10/2001 (1)Summons issued (lau) (Entered: 08/10/2001)

08/30/2001 23 Motion by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 to extend time to 10/3/01 to file responsive pleading , filed. (eaf) (Entered: 08/31/2001)

09/04/2001 Judge Rya W. Zobel . Endorsed Order entered granting [23-1] motion to extend time to 10/3/01 to file responsive pleading . Allowed, there will be no further extensions and counsel shall earnestly attempt to adhere to the page limit for briefs. Motion hearing rescheduled to 12/12/01 at 2:00 p.m. Entered cc/cl [EOD Date 9/6/01] (lau) (Entered: 09/06/2001)

09/25/2001 24 Acceptance/Acknowledgement of service on 8/20/01 (John G.O'Brien), filed. (jdj) (Entered: 09/25/2001)

10/03/2001 25 Motion by Arthur Andersen in 1:01-cv-10322 to dismiss , filed. (jdj) (Entered: 10/05/2001)

10/03/2001 26 Memorandum by Arthur Andersen in 1:01-cv-10322 in support of [25-1] motion to dismiss , filed cs. (jdj) (Entered: 10/05/2001)

10/03/2001 27 Motion by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 for leave to file memorandum in excess of 20 pgs , filed cs. (jdj) (Entered: 10/05/2001)

10/03/2001 28 Motion by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 to dismiss , filed cs. (jdj) (Entered: 10/05/2001)

10/03/2001 29 Memorandum by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-

10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 in support of [28-1] motion to dismiss , filed. (Cannot be scanned, bound booklet) (jdj) (Entered: 10/05/2001)

10/03/2001 30 (Volume I) Appendix/exhibits by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 in support of [28-1] motion to dismiss , filed. (cannot be scanned, bound booklet) (jdj) (Entered: 10/05/2001)

10/03/2001 31 (Volume II) Appendix/exhibits by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 in support of [28-1] motion to dismiss , filed. (cannot be scanned, bound booklet) (jdj) (Entered: 10/05/2001)

10/03/2001 32 (Volume III) Appendix/exhibits by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 in support of [28-1] motion to dismiss , filed. (cannot be scanned, bound booklet) (jdj) (Entered: 10/05/2001)

10/19/2001 Judge Rya W. Zobel . Endorsed Order entered granting [27-1] motion for leave to file memorandum in excess of 20 pgs . [EOD Date 10/22/01] cc/cl (jdj) (Entered: 10/22/2001)

11/16/2001 33 Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 for leave to file brief in excess of 20 pgs in opposition to defendant Arthur Anderson,LLP motion to Dismiss , filed cs. (jdj) (Entered: 11/16/2001)

11/16/2001 34 (Assented to) Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 for leave to file memorandum in excess of 20 pgs , filedcs. (jdj) (Entered: 11/19/2001)

11/19/2001 Judge Rya W. Zobel . Endorsed Order entered granting [34-1] motion for leave to file memorandum in excess of 20 pgs . [EOD Date 11/19/01] cc/cl (jdj) (Entered: 11/19/2001)

11/19/2001 35 Response by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 in opposition to [28-1] motion to dismiss , filed. (jdj) (Entered: 11/19/2001)

11/30/2001 36 Reply by Arthur Andersen in 1:01-cv-10322 to response to [25-1] motion to dismiss , filed cs. (jdj) (Entered: 12/03/2001)

12/03/2001 37 Letter by Eunice E. Lee in 1:01-cv-10322 dated: 12/3/01 to: Court re: late filing of reply filed. (jdj) (Entered: 12/03/2001)

12/03/2001 38 Reply/response by Xchange, Inc. in 1:01-cv-10322 to [28-1] motion to dismiss the amended class action complaint, filed cs. (jdj) (Entered: 12/03/2001)

12/12/2001 Motion hearing re: [28-1] motion to dismiss (jdj) (Entered: 12/13/2001)

12/12/2001 39 Judge Rya W. Zobel . Clerk's Notes: re: motion hearing held [28-1] motion to dismiss taken under advisement. Court Reporter: James McLaughlin (jdj) (Entered: 12/13/2001)

02/22/2002 Terminated document: terminating [10-1] motion to transfer case and consolidate all related actions for appointment of lead plaintiff and selection of lead and liaison

counsel Requested by lau. (lau) (Entered: 02/22/2002)

04/04/2002 40 Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 for leave to file supplemental authority and incorporated memorandum of law , filed cs. (jdj) (Entered: 04/04/2002)

04/16/2002 41 Response by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 in opposition to [40-1] motion for leave to file supplemental authority and incorporated memorandum of law , filed. (lau) (Entered: 04/17/2002)

07/29/2002 Terminated document: terminating [33-1] motion for leave to file brief in excess of 20 pgs in opposition to defendant Arthur Anderson,LLP motion to Dismiss Requested by lau. (lau) (Entered: 07/29/2002)

07/29/2002 42 Notice of change of address filed by Edward P. Leibensperger in 1:01-cv-10322 by Arthur Andersen in 1:01-cv-10322 . (jdj) (Entered: 08/21/2002)

08/26/2002 43 Judge Rya W. Zobel . Memorandum and Order entered. granting in part, denying in part [28-1] motion to dismiss, granting in part, denying in part [25-1] motion to dismiss [EOD Date 8/26/02] cc/cl (jdj) (Entered: 08/26/2002)

09/04/2002 44 Motion by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 for clarification , filed cs. (jdj) (Entered: 09/05/2002)

09/05/2002 45 Motion by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 to extend time to answer,move or otherwise respond to the amended complaint. , filed cs. (jdj) (Entered: 09/06/2002)

09/20/2002 46 Response by Shwikar El-Hadary in 1:01-cv-10322 in opposition to [44-1] motion for clarification , filed cs. (jdj) (Entered: 09/23/2002)

09/24/2002 47 Conditional Response by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 in opposition to [45-1] motion to extend time to answer,move or otherwise respond to the amended complaint. , filed cs. (jdj) (Entered: 09/26/2002)

10/08/2002 Judge Rya W. Zobel . Endorsed Order entered denying [44-1] motion for clarification . cc/cl [EOD Date 10/9/02] (jdj) (Entered: 10/09/2002)

10/09/2002 Judge Rya W. Zobel . Endorsed Order entered denying [45-1] motion to extend time to answer,move or otherwise respond to the amended complaint. cc/cl [EOD Date 10/9/02] (jdj) (Entered: 10/09/2002)

10/21/2002 48 Answer by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 to amended complaint, filed.; jury demand (jdj) (Entered: 10/22/2002)

10/23/2002 49 Judge Rya W. Zobel . Notice of Hearing/conference: set status conference for 3:00 11/21/02 . cc/cl (jdj) (Entered: 10/23/2002)

11/19/2002 50 Joint statement by Shwikar El-Hadary in 1:01-cv-10322, Xchange, Inc. in 1:01-cv-

10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322, The Issac Group in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 , re: proposed pre-trial schedule, filed. (jdj) (Entered: 11/19/2002)

11/21/2002 51 Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 for class certification , filed cs . (jdj) (Entered: 11/21/2002)

11/21/2002 52 Memorandum by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 in support of [51-1] motion for class certification , filed. (jdj) (Entered: 11/21/2002)

11/21/2002 Status conference held . (jdj) (Entered: 11/22/2002)

11/21/2002 54 Judge Rya W. Zobel . Clerk's Notes: re: status conference held, Joint state adopted up to III b3;, Motion hearing set for 2:00 5/14/03 for [51-1] motion for class certification (jdj) (Entered: 11/22/2002)

11/22/2002 53 Judge Rya W. Zobel . Scheduling Order entered setting Amending of complaint on 8/3/01 .Hearing on motion for class certification will be held on 5/14/03 at 2:00 [EOD Date 11/22/02] cc/cl (jdj) (Entered: 11/22/2002)

11/25/2002 55 Rule 16.1 Certification filed by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322, The Issac Group in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 . (jdj) (Entered: 11/25/2002)

12/20/2002 56 Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 for clarification of the courts 11/22/02 scheduling order , filed cs. (jdj) (Entered: 12/23/2002)

12/23/2002 57 Memorandum by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 in support of [56-1] motion for clarification of the courts 11/22/02 scheduling order , filed. (jdj) (Entered: 12/23/2002)

12/23/2002 58 Motion by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 to quash plaintiffs deposition notices , filed. (jdj) (Entered: 12/30/2002)

01/03/2003 59 Response by Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322 in opposition to [56-1] motion for clarification of the courts 11/22/02 scheduling order , filed. (jdj) (Entered: 01/07/2003)

01/03/2003 60 Affidavit of Eunice E. Lee in 1:01-cv-10322 , re: [59-1] opposition response , filed. (jdj) (Entered: 01/07/2003)

01/07/2003 61 Memorandum by Shwikar El-Hadary in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 in opposition to [58-1] motion to quash plaintiffs deposition notices , filed. (jdj) (Entered: 01/07/2003)

01/07/2003 62 Reply by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 to response to [56-1] motion for clarification of the courts 11/22/02 scheduling

order , filed cs. (jdj) (Entered: 01/08/2003)

01/27/2003 Terminated document: mooting [40-1] motion for leave to file supplemental authority and incorporated memorandum of law Requested by lau. (lau) (Entered: 01/27/2003)

01/27/2003 63 Motion by Shwikar El-Hadary in 1:01-cv-10322 for entry of confidentiality order and incorporated memorandum of law , filed cs. (jdj) (Entered: 01/27/2003)

01/27/2003 Tele-conference held . (jdj) (Entered: 01/27/2003)

01/27/2003 64 Judge Rya W. Zobel . Clerk's Notes: re: telephone conference held : Judge hears from counsel regarding motion for clarification. Judge will rule on the motion. (jdj) (Entered: 01/27/2003)

01/30/2003 65 Letter by Dennis J. Johnson in 1:01-cv-10322 dated: 1/29/03 to: Judge Zobel re: attached 3 complaints filed by Exchange Customers. filed. (jdj) (Entered: 01/30/2003)

02/07/2003 66 Notice by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 withdrawing entry of confidetiality order, filed. (jdj) (Entered: 02/11/2003)

02/11/2003 67 Joint motion by Shwikar El-Hadary in 1:01-cv-10322, Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322, The Issac Group in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 for protective order and incorporated memorandum of law , filed . (jdj) (Entered: 02/12/2003)

02/27/2003 68 Expedited Motion by Shwikar El-Hadary in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 and incorporated memorandum for the prevention of spoilation of evidence by requiring the preservation of documents and electronically stored information , filed cs. (jdj) (Entered: 02/28/2003)

02/27/2003 69 Letter by Dennis J. Johnson in 1:01-cv-10322 dated: 2/26/03 to: Judge Zobel re: foreclosure & extent of pending litigation. filed. (jdj) (Entered: 02/28/2003)

02/27/2003 71 Joint motion by Shwikar El-Hadary in 1:01-cv-10322, Xchange, Inc. in 1:01-cv-10322, The Issac Group in 1:01-cv-10322 to modify 11/22/02 scheduling order , filed. . (lau) (Entered: 03/03/2003)

02/28/2003 70 Judge Rya W. Zobel . Notice of Hearing/conference: Motion hearing set for 2:30 3/4/03 for [68-1] motion and incorporated memorandum for the prevention of spoilation of evidence by requiring the preservation of documents and electronically stored information etc cc/cl (jdj) (Entered: 02/28/2003)

03/04/2003 Motion hearing re: [71-1] joint motion to modify 11/22/02 scheduling order (jdj) (Entered: 03/04/2003)

03/04/2003 72 Judge Rya W. Zobel . Clerk's Notes: re: motion hearing held withdrawing [63-1] motion for entry of confidentiality order and incorporated memorandum of law withdrawing [68-1] motion and incorporated memorandum for the prevention of spoilation of evidence by requiring the preservation of documents and electronically stored information [71-1] joint motion to modify 11/22/02 scheduling order. Parties will notify court as to mediation, if Judge Mazzone will be appointed

or outside mediation. Court Reporter: McLaughlin (jdj) (Entered: 03/04/2003)

03/05/2003 Judge Rya W. Zobel . Endorsed Order entered granting [67-1] joint motion for protective order and incorporated memorandum of law . cc/cl [EOD Date 3/18/03] (jdj) (Entered: 03/18/2003)

03/13/2003 73 Joint motion by Shwikar El-Hadary in 1:01-cv-10322, Xchange, Inc. in 1:01-cv-10322, Andrew J. Frawley in 1:01-cv-10322, F. Daniel Haley in 1:01-cv-10322, Robin Green in 1:01-cv-10322, David G. McFarlane in 1:01-cv-10322, The Issac Group in 1:01-cv-10322, Arthur Andersen in 1:01-cv-10322 to modify The court's 11/22/02 scheduling order filed . (jdj) (Entered: 03/14/2003)

03/18/2003 Judge Rya W. Zobel . Endorsed Order entered granting [73-1] joint motion to modify The court's 11/22/02 scheduling order .cc/cl [EOD Date 3/18/03] (jdj) (Entered: 03/18/2003)

03/18/2003 74 Judge Rya W. Zobel . Order of reference entered for Alternative Dispute Resolution. Referred to: Judge Mazzone for: Mediation to case(s) 1:01-cv-10322, (jdj) (Entered: 03/18/2003)

03/18/2003 75 Judge Rya W. Zobel . Confidentiality and Protective Order entered . cc/cl [EOD Date 3/18/03] (jdj) (Entered: 03/18/2003)



04/16/2003 78 Notice of withdrawal of counsel by Cleora Anderson filed. (jdj) (Entered: 04/16/2003)

05/06/2003 79 Judge A. D. Mazzone . Notice of Hearing/conference: set ADR Conference for 10:30 6/23/03 . cc/cl (jdj) (Entered: 05/07/2003)

06/18/2003 Set/Reset Hearings: Alternate Dispute Resolution Hearing set for 6/23/2003 10:30 AM before A. David Mazzone. (entry made to correct docket error) (Hurley, Virginia) (Entered: 06/18/2003)

06/20/2003 NOTICE of ADR Conference Alternative Dispute Resolution Hearing rescheduled for 9/11/2003 10:30 AM in Courtroom 17 before A. David Mazzone.(Nee, Amy) (Entered: 06/20/2003)

01/20/2004 80 STATUS REPORT from Dennis J. Johnson by Shwikar El-Hadary, The Issac Group. (Johnson, Jay) (Entered: 01/22/2004)

02/13/2004 Judge Rya W. Zobel : Electronic ORDER entered terminating 56 Motion (Urso, Lisa) (Entered: 02/13/2004)

02/17/2004 81 NOTICE of Hearing: Further Scheduling Conference set for 3/10/2004 03:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 02/17/2004)

02/20/2004 82 Letter/request for status conference (non-motion) from Dennis Johnson. (Johnson, Jay) (Entered: 02/24/2004)

03/09/2004 Judge Rya W. Zobel : ORDER entered re 82 Letter/request (non-motion). Further scheduling conference rescheduled to 3/17/04 at 2:30 p.m.(Urso, Lisa) (Entered: 03/09/2004)

03/17/2004 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Scheduling Conference held on 3/17/2004. Judge to decide motion to quash (Urso, Lisa) (Entered: 03/24/2004)

03/22/2004 83 Judge Rya W. Zobel : ORDER entered denying 58 Motion to Quash. To the extent the documents sought raise confidentiality issues, defendant shall respond to plaintiff's proposed protective order, and the parties shall attempt to resolve any differences with respect thereto. If they cannot agree, they may submit the matter to the Court. (Urso, Lisa) (Entered: 03/22/2004)

03/30/2004 84 NOTICE of Change of Address by Edward P. Leibensperger (Johnson, Jay) (Entered: 03/31/2004)

04/27/2004 85 DEFENDANTS MOTION for copies of third party productions by Xchange, Inc et al..(Johnson, Jay) (Entered: 04/28/2004)

04/27/2004 86 DEFENDANTS MOTION for copies of third party productions by Xchange, Inc et al..(Johnson, Jay) (Entered: 04/28/2004)

05/11/2004 87 STIPULATION re 86 MOTION for copies of third party productions Stipulation to Extend Time to Respond to Defendants' Motion for Copies of Third-Party Productions by The Issac Group. (Conway, James) (Entered: 05/11/2004)

05/21/2004 88 NOTICE by Andrew J. Frawley, Robin Green, F. Daniel Haley, David G. McFarlane, Xchange, Inc. Withdrawal of Defendant's Motion For Copies of Third-Party Productions (Lee, Eunice) (Entered: 05/21/2004)

05/21/2004 Motions terminated: 85 MOTION for copies of third party productions filed by Xchange, Inc., 86 MOTION for copies of third party productions filed by Xchange, Inc.Motions withdrawn by counsel on 5/21/04 (Urso, Lisa) (Entered: 05/25/2004)

06/25/2004 89 SUGGESTION OF BANKRUPTCY Upon the Record as to Xchange Inc. by Xchange, Inc.. (Johnson, Jay) (Entered: 06/28/2004)

06/30/2004 90 (Assented to) MOTION for Leave to Appear Pro Hac Vice by Gregory H. Mathews Filing fee $ 50, receipt number 56978. by Shwikar El-Hadary, The Issac Group.(Johnson, Jay) (Entered: 07/01/2004)

07/23/2004 91 MOTION to Withdraw appearance by Xchange, Inc..(Urso, Lisa) (Entered: 07/26/2004)

07/23/2004 ***Attorney Robert A. Buhlman for F. Daniel Haley; Robin Green; David G. McFarlane; Arthur Andersen; John G. O'Brien and Andrew J. Frawley added. Attorney Corin R. Swift terminated. (Urso, Lisa) (Entered: 02/10/2005)

07/27/2004 Judge Rya W. Zobel : endorsed ORDER entered granting 91 Motion to Withdraw appearance (Urso, Lisa) (Entered: 07/27/2004)

07/27/2004 *** Attorney Robert A. Buhlman terminated. (Urso, Lisa) (Entered: 07/27/2004)

11/01/2004 92 NOTICE of Appearance by Peter A. Lagorio on behalf of Shwikar El-Hadary, The

Issac Group (Johnson, Jay) (Entered: 11/02/2004)

11/02/2004 Judge Rya W. Zobel : electronic ORDER entered granting 90 Motion for Leave to Appear Pro Hac Vice (Urso, Lisa) (Entered: 11/02/2004)

01/05/2005 93 MOTION for Order to Compel Payment of Costs from Defendants by Shwikar El-Hadary, The Issac Group.(Johnson, Jay) (Entered: 01/10/2005)

01/05/2005 94 MEMORANDUM in Support re 93 MOTION for Order to to Compel Payment of Costs from Defendants filed by Shwikar El-Hadary, The Issac Group. (Johnson, Jay) (Entered: 01/10/2005)

01/07/2005 95 STATUS REPORT by Shwikar El-Hadary, The Issac Group. (Johnson, Jay) (Entered: 01/11/2005)

01/12/2005 96 MOTION for Scheduling Order by Shwikar El-Hadary, The Issac Group.(Johnson, Jay) (Entered: 01/14/2005)

01/13/2005 Judge Rya W. Zobel : electronicORDER entered finding as moot 51 Motion (Urso, Lisa) (Entered: 01/13/2005)

01/13/2005 Reopen Document 51 Motion for Miscellaneous Relief. Termed by mistake. (Urso, Lisa) (Entered: 01/13/2005)

01/20/2005 97 RESPONSE to Motion re 93 MOTION for Order to to Compel Payment of Costs from Defendants filed by Xchange, Inc.. (Johnson, Jay) (Entered: 01/25/2005)

01/25/2005 98 Assented to MOTION for Extension of Time to January 28, 2005 to File Response/Reply To Plaintiffs Motion to Enter Scheduling Order by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane.(Stanley, Lawrence) (Entered: 01/25/2005)

01/28/2005 99 Cross MOTION to Extend Stay of Proceedings as to All Claims by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane.(Stanley, Lawrence) Modified on 2/1/2005 (Johnson, Jay). (Entered: 01/28/2005)

01/28/2005 100 Opposition re 96 MOTION for Order, 99 Cross MOTION to Stay Proceedings as to All Claims (Memo in Support of) filed by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Stanley, Lawrence) (Entered: 01/28/2005)

02/08/2005 NOTICE of Hearing: Status Conference set for 2/24/2005 10:00 AM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 02/08/2005)

02/09/2005 101 Assented to MOTION for Extension of Time to February 21, 2005 to File Response/Reply as to 99 Cross MOTION to Stay Proceedings as to All Claims, 100 Opposition to Motion for Entry of Scheduling Order by The Issac Group. (Attachments: # 1 Text of Proposed Order)(Conway, James) (Entered: 02/09/2005)

02/09/2005 102 NOTICE of Appearance by James F. Conway, III on behalf of all plaintiffs (Conway, James) (Entered: 02/09/2005)

02/21/2005 103 Opposition re 99 Cross MOTION to Stay Proceedings as to All Claims and Reply Memorandum in Support of Plaintiffs' Motion to Enter Scheduling Order filed by

The Issac Group. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Text of Proposed Order)(Conway, James) (Entered: 02/21/2005)

02/24/2005 electronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Status Conference held on 2/24/2005. 30 depositions; motion hearing on clas certification 7/13/05;scheduling order signed; Status Conference set for 3/29/2005 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 02/24/2005)

02/24/2005 Judge Rya W. Zobel : electronicORDER entered withdrawing 93 Motion for Order, withdrawing 96 Motion for Order, granting 98 Motion for Extension of Time to File Response/Reply, finding as moot 99 Motion to Stay, granting 101 Motion for Extension of Time to File Response/Reply. As discussed with the attorneys at the conference 2/24/05. (Urso, Lisa) (Entered: 02/24/2005)

02/24/2005 104 Judge Rya W. Zobel : Order ORDER entered. SCHEDULING ORDER: Discovery re; class certification due by 4/29/2005; opposition 5/31/05; reply 6/30/05; hearing 7/13/05 at 2:00 p.m.(Urso, Lisa) (Entered: 02/25/2005)

03/02/2005 E-Mail Notice re Status Conference originally issued on 2/24/05 returned as undeliverable. Name of Addressee: [email protected]. Called Mr Lagorio he says that it seems to be his old e-mail that is kicking back. He has changed his e-mail address and is receiving the data. This notice will be forwarded to the help desk so that the old e-mail address can be deleted. (Johnson, Jay) (Entered: 03/02/2005)

03/04/2005 105 Letter/request (non-motion) from Dennis Johnson discovery issues. (Johnson, Jay) (Entered: 03/08/2005)

03/08/2005 106 CORRECTED NOTICE of Deposition by Shwikar El-Hadary, The Issac Group (Johnson, Jay) (Entered: 03/09/2005)

03/08/2005 107 CERTIFICATE OF SERVICE by Shwikar El-Hadary, The Issac Group re 106 Notice (Other). (Johnson, Jay) (Entered: 03/09/2005)

03/17/2005 108 MOTION for Protective Order by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane.(Stanley, Lawrence) (Entered: 03/17/2005)

03/17/2005 109 MEMORANDUM in Support re 108 MOTION for Protective Order filed by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Stanley, Lawrence) (Entered: 03/17/2005)

03/25/2005 110 NOTICE of Withdrawal of Appearance Attorney Eunice E. Lee terminated. (Lee, Eunice) (Entered: 03/25/2005)

03/25/2005 111 NOTICE of Appearance by Michael D. Blanchard on behalf of John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane (Blanchard, Michael) (Entered: 03/25/2005)

03/25/2005 112 NOTICE of Appearance by Jason D. Frank on behalf of John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane (Frank, Jason) (Entered: 03/25/2005)

03/28/2005 113 Opposition re 108 MOTION for Protective Order filed by The Issac Group.

(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Conway, James) (Entered: 03/28/2005)

03/29/2005 electronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Telephone Conference held on 3/29/2005. Status Conference set for 5/31/2005 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 04/01/2005)

04/04/2005 114 STIPULATION re [75] Protective Order by The Issac Group. (Attachments: # 1 Text of Proposed Order Proposed Amended Confidentiality Order)(Conway, James) (Entered: 04/04/2005)

04/07/2005 115 REPLY to Response to Motion re 108 MOTION for Protective Order filed by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Attachments: # 1 Exhibit A)(Stanley, Lawrence) (Entered: 04/07/2005)

04/08/2005 116 MOTION for Leave to File Plaintiffs' Surreply Memorandum in Opposition to Defendants' Motion for Protective Order by The Issac Group. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Plaintiffs' Surreply Memorandum in Opposition to Defendants' Motion for Protective Order)(Conway, James) (Entered: 04/08/2005)

04/14/2005 117 Judge Rya W. Zobel : Proposed Order Amended Confidentiality ORDER entered. (Urso, Lisa) Modified on 4/19/2005 (Johnson, Jay). (Entered: 04/15/2005)

04/14/2005 Judge Rya W. Zobel : endorsedORDER entered granting 108 Motion for Protective Order, finding as moot 116 Motion for Leave to File. Discovery is tayed for a period of 30 days to enable defendants to petition the Delaware Court ofChancery for the appointment of a trustee or receiver of Exchange, Inc. (Urso, Lisa) (Entered: 04/15/2005)

04/15/2005 118 MOTION for Order Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness by Shwikar El-Hadary, The Issac Group.(Johnson, Jay) (Entered: 04/19/2005)

04/15/2005 119 MEMORANDUM in Support re 118 MOTION for Order to Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness filed by Shwikar El-Hadary, The Issac Group. (Johnson, Jay) (Entered: 04/19/2005)

04/22/2005 120 MOTION for Entry of Default and Entry of Default Judgment Against Xchange, Inc. by The Issac Group.(Conway, James) (Entered: 04/22/2005)

04/22/2005 121 MEMORANDUM in Support re 120 MOTION for Entry of Default and Entry of Default Judgment Against Xchange, Inc. filed by The Issac Group. (Attachments: # 1 Affidavit of R. Alan Miller# 2 Conway Declaration# 3 Attachment 1 to Conway Declaration# 4 Attachment 2 to Conway Declaration# 5 Attachment 3 to Conway Declaration# 6 Attachment 4 to Conway Declaration# 7 Attachment 5 to Conway Declaration# 8 Attachment 6 to Conway Declaration# 9 Text of Proposed Order # 10 Text of Proposed Judgment)(Conway, James) (Entered: 04/22/2005)

04/26/2005 122 Letter/request (non-motion) from James Conway regarding service to unknown

address. (Johnson, Jay) (Entered: 04/27/2005)

04/29/2005 123 Assented to MOTION for Extension of Time to May 6, 2005 to File Response/Reply as to 118 MOTION for Order to Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane.(Stanley, Lawrence) (Entered: 04/29/2005)

04/29/2005 124 Joint MOTION to Amend 104 Scheduling Order Concerning Class Certification Proceedings by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane.(Stanley, Lawrence) (Entered: 04/29/2005)

05/02/2005 Judge Rya W. Zobel : electronicORDER entered granting 123 Motion for Extension of Time to File Response/Reply re 118 MOTION for Order to Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness Responses due by 5/6/2005 (Urso, Lisa) (Entered: 05/02/2005)

05/04/2005 125 NOTICE of Amendment by The Issac Group re 51 Motion for Miscellaneous Relief, 52 Memorandum in Support of Motion for Class Certification (Attachments: # 1 Exhibit A - Revised [Proposed] Order)(Conway, James) Modified on 5/5/2005 (Johnson, Jay). (Entered: 05/04/2005)

05/06/2005 126 Assented to MOTION for Extension of Time to May 9, 2005 to File Response/Reply as to 118 MOTION for Order to Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness, 120 MOTION for Entry of Default and Entry of Default Judgment Against Xchange, Inc. by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane.(Stanley, Lawrence) (Entered: 05/06/2005)

05/09/2005 127 Opposition re 118 MOTION for Order to Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness, 120 MOTION for Entry of Default and Entry of Default Judgment Against Xchange, Inc. filed by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Attachments: # 1 Exhibit A)(Stanley, Lawrence) (Entered: 05/09/2005)

05/16/2005 128 Letter/request (non-motion) from Lawrence T. Stanley, Jr. dated: 5/16/05 to: Judge Zobel re: Individual Defendants' Petition to Delaware Court of Chancery for Appointment of Trustee. (Attachments: # 1 Exhibit Individual Defendants' Verified Petition to Appoint a Trustee in Dissolution)(Stanley, Lawrence) (Entered: 05/16/2005)

05/18/2005 129 Letter/request (non-motion) from Lawrence T. Stanley, Jr. dated: 5/18/05 to: Judge Zobel re: signed Order from Delaware Chancery Court Appointing Trustee for Xchange, Inc.. (Attachments: # 1 Exhibit Order from Delaware Chancery Court Appointing Trustee for Xchange, Inc.)(Stanley, Lawrence) (Entered: 05/18/2005)

05/19/2005 130 Letter/request (non-motion) from Dennis J. Johnson to Judge Zobel re: May 19, 2005 Order from Delaware Chancery Court vacating May 17, 2005 Order. (Attachments: # 1 Exhibit Letter to Chancellor Chander, Delaware Court of

Chancery# 2 Exhibit Delaware Court's Order Vacating Order Dated May 17, 2005.)(Conway, James) (Entered: 05/19/2005)

05/19/2005 131 First MOTION for Leave to File Reply Memorandum In Support of Motion For Finding of Default and Entry of Default Against Xchange, Inc. by The Issac Group. (Attachments: # 1 Exhibit Plaintiffs' Reply Memorandum In Support of Motion for Finding Of Default and Entry of Default Judgment Against Xchange, Inc.# 2 Exhibit A to Plaintiffs' Reply Mem. In Support of Default, Letter to Chancellor Chandler from Dennis J. Johnson# 3 Exhibit B to Plaintiffs' Reply Memo in Support of Default, Delaware Court of Chancery Order dated May 19, 2005.# 4 Text of Proposed Order Granting Leave to File Reply Memorandum in Support of Motion for Finding of Default and Entry of Default Against Xchange, Inc.)(Conway, James) (Entered: 05/19/2005)

05/24/2005 132 NOTICE of Appearance by David Pastor on behalf of all plaintiffs (Pastor, David) (Entered: 05/24/2005)

05/26/2005 133 MOTION for Leave to File Reply Memorandum In Support of Plaintiffs' Motion to Compel by The Issac Group. (Attachments: # 1 Text of Proposed Order Granting Leave to File Reply# 2 Exhibit B - Reply Memorandum# 3 Exhibit 1 to Reply Memo# 4 Exhibit 2 to Reply Memo# 5 Exhibit 3 to Reply Memo (Sealed)# 6 Exhibit 4 to Reply Memo (Sealed))(Conway, James) (Entered: 05/26/2005)

05/26/2005 Judge Rya W. Zobel : endorsedORDER entered granting 124 Motion to Amend scheduling order. The hearing on class certification will be held on 7/20/05 at 2:00 p.m. (Urso, Lisa) (Entered: 05/26/2005)

05/31/2005 134 Opposition re 131 First MOTION for Leave to File Reply Memorandum In Support of Motion For Finding of Default and Entry of Default Against Xchange, Inc. filed by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Attachments: # 1 Exhibit A)(Stanley, Lawrence) (Entered: 05/31/2005)

05/31/2005 135 Letter/request (non-motion) from Dennis J. Johnson to Judge Zobel Regarding Motion to Intervene in Delaware Court of Chancery to Oppose Petition to Appoint Trustee. (Conway, James) Additional attachment(s) added on 6/1/2005 (Urso, Lisa). (Entered: 05/31/2005)

05/31/2005 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Status Conference held on 5/31/2005. hearing set for 7/20/05 will include motion for default judgment; replies by 6/3/05 (Urso, Lisa) (Entered: 06/01/2005)

06/03/2005 136 Opposition re 118 MOTION for Order to Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness, 133 MOTION for Leave to File Reply Memorandum In Support of Plaintiffs' Motion to Compel filed by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Stanley, Lawrence) (Entered: 06/03/2005)

06/03/2005 137 REPLY to Response to Motion re 131 First MOTION for Leave to File Reply Memorandum In Support of Motion For Finding of Default and Entry of Default Against Xchange, Inc. filed by The Issac Group. (Attachments: # 1 Exhibit Plaintiffs' May 26 Letter)(Conway, James) (Entered: 06/03/2005)

06/10/2005 138 MOTION to Amend Order Appointing Liaison Counsel by The Issac Group. (Attachments: # 1 Text of Proposed Order)(Conway, James) (Entered: 06/10/2005)

06/10/2005 139 NOTICE by The Issac Group of Substitution of Designated Liaison Counsel for Lead Plaintiffs and the Putative Class (Conway, James) (Entered: 06/10/2005)

06/14/2005 140 Opposition re 51 Motion for Miscellaneous Relief Class Certification filed by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Stanley, Lawrence) (Entered: 06/14/2005)

06/14/2005 141 DECLARATION re 140 Opposition to Motion for Class Certification of Jason D. Frank by John G. O'Brien, Andrew J. Frawley, F. Daniel Haley, Robin Green, David G. McFarlane. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Stanley, Lawrence) (Entered: 06/14/2005)

06/27/2005 142 Letter/request (non-motion) from Lawrence T. Stanley, Jr. to Judge Zobel regarding Individual Defendants' Motion to Strike and Opposition to Plaintiffs' Motion to Intervene filed in Delaware Court of Chancery. (Attachments: # 1 Exhibit Motion to Strike and Opposition to Plaintiffs' Motion to Intervene)(Stanley, Lawrence) (Entered: 06/27/2005)

06/29/2005 143 Judge Rya W. Zobel : OrderORDER entered granting 118 Motion for Order to compel, defer ruling on 120 Motion for Entry of Default. Defendant shall inform the court of the status of the Delaware proceed every 60 days starting August 1, 2005. (Urso, Lisa) (Entered: 06/30/2005)

07/14/2005 144 Assented to MOTION for Extension of Time to July 28, 2005 to Reply to the Individual Defendants' Opposition to Motion for Class Certification by The Issac Group.(Conway, James) (Entered: 07/14/2005)

07/19/2005 Judge Rya W. Zobel : Electronic ORDER entered granting 144 Motion for Extension of Time. reply due 7/28/05. (Urso, Lisa) (Entered: 07/19/2005)

07/19/2005 Set/Reset Hearings: Hearing reset for 8/9/2005 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 07/19/2005)

09/12/2005 145 Letter/request (non-motion) from James F. Conway re; settlement. (Urso, Lisa) Additional attachment(s) added on 9/12/2005 (Urso, Lisa). (Entered: 09/12/2005)

09/22/2005 Motions terminated: 51 Motion for Miscellaneous Relief filed by Shwikar El-Hadary,, The Issac Group,. Case settled. (Urso, Lisa) (Entered: 09/22/2005)

10/25/2005 Motions terminated: 120 MOTION for Entry of Default and Entry of Default Judgment Against Xchange, Inc. filed by The Issac Group,, 126 Assented to MOTION for Extension of Time to May 9, 2005 to File Response/Reply as to 118 MOTION for Order to Compelling Defendants to Produce Documents Wrongfully Withheld Based on Claims of Priviledge or Relevancy/Responsiveness, 120 MOTION for Ent filed by John G. O'Brien,, Andrew J. Frawley,, F. Daniel Haley,, Robin Green,, David G. McFarlane,, 131 First MOTION for Leave to File Reply Memorandum In Support of Motion For Finding of Default and Entry of Default Against Xchange, Inc. filed by The Issac Group,, 133 MOTION for Leave to File Reply Memorandum In Support of Plaintiffs' Motion to Compel filed by The Issac Group,, 138 MOTION to Amend Order Appointing Liaison Counsel filed by The Issac Group,. (Urso, Lisa) Modified on 10/25/2005 (Urso, Lisa).If case does not

settle; all motions will be reopened as of the date they were filed originally. (Entered: 10/25/2005)

01/06/2006 146 Assented to MOTION for Settlement For Entry of Preliminary Approval of Class Action Partial Settlement by The Issac Group. (Attachments: # 1 Exhibit 1 - Stipulation and Agreement of Partial Settlement# 2 Exhibit 1.A - Preliminary Order In Connection with Settlement Proceedings# 3 Exhibit 1.A.1 Notice of Proposed Partial Settlement of Class Action, Motion for Attorneys' Fees and Expenses and Settlement Fairness Hearing# 4 Exhibit 1.A.2 Proof of Claim and Release# 5 Exhibit 1.A.3 Summary Notice of Pendency and Proposed Partial Settlement of Class Action# 6 Exhibit 1.B Proposed Order and Final Judgment)(Conway, James) (Entered: 01/06/2006)

01/06/2006 147 MEMORANDUM in Support re 146 Assented to MOTION for Settlement For Entry of Preliminary Approval of Class Action Partial Settlement filed by The Issac Group. (Conway, James) (Entered: 01/06/2006)

01/06/2006 148 STIPULATION of Dismissal of Defendant Xchange, Inc. by The Issac Group. (Conway, James) (Entered: 01/06/2006)

01/06/2006 149 Letter/request (non-motion) from Dennis J. Johnson, Attorney to Lead Plaintiffs, to Honorable J. Zobel. (Conway, James) (Entered: 01/06/2006)

01/25/2006 NOTICE of Hearing: Telephone conference set for 1/30/06 at 2:00 p.m. (Urso, Lisa) (Entered: 01/25/2006)

01/25/2006 150 Letter/request (non-motion) from Counsel to Lead Plaintiffs to Honorable J. Zobel. (Attachments: # 1 Exhibti 1.A., Corrected Proposed Preliminary Order In Connection With Settlement Proceedings [Replacing Exhibit 1.A. to Docket Number 146 (Lead Plaintiffs' Assented to Motion for Preliminary Approval of Partial Class Action Settlement)])(Conway, James) (Entered: 01/25/2006)

01/30/2006 ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Telephone Conference held on 1/30/2006. (Urso, Lisa) (Entered: 01/30/2006)

01/30/2006 151 Judge Rya W. Zobel : ORDER entered granting 146 Motion for Settlement (Urso, Lisa) (Entered: 01/30/2006)

02/09/2006 152 Assented to MOTION for Entry of Judgment under Rule 54(b) as to Claims Asserted Against Defendant Arthur Andersen LLP by The Issac Group. (Attachments: # 1 Text of Proposed Order)(Conway, James) (Entered: 02/09/2006)

02/13/2006 153 Judge Rya W. Zobel : ORDER entered. Final JUDGMENT as to claims asserted against defendant Arthur Andersen LLP. Entered (Urso, Lisa) (Entered: 02/13/2006)

04/24/2006 154 MOTION for Entry of Judgment under Rule 54(b) and for Final Approval of Settlement by The Issac Group. (Attachments: # 1 Text of Proposed Order)(Conway, James) (Entered: 04/24/2006)

04/24/2006 155 MEMORANDUM in Support re 154 MOTION for Entry of Judgment under Rule 54(b) and for Final Approval of Settlement filed by The Issac Group. (Attachments: # 1 Exhibit A - Affidavit of Paul Mulholland (with further Exhibits attached)# 2 Exhibit B - Miller Affidavit (with further Exhibit)# 3 Exhibit C - Miller Declaration

(with further Exhibit)# 4 Exhibit D - Declarations of Proposed Class Representatives)(Conway, James) (Entered: 04/24/2006)

04/24/2006 156 MEMORANDUM in Support re 154 MOTION for Entry of Judgment under Rule 54(b) and for Final Approval of Settlement - and Application for Award of Attorneys' Fees and Reimbursement of Expenses filed by The Issac Group. (Conway, James) (Entered: 04/24/2006)

04/24/2006 157 DECLARATION re 154 MOTION for Entry of Judgment under Rule 54(b) and for Final Approval of Settlement - and Application for Award of Attorneys' Fees and Reimbursement of Expenses by The Issac Group. (Attachments: # 1 Exhibit A - Johnson Affidavit (with further Exhibits)# 2 Exhibit B - Pastor Affidavit (with further Exhibits)# 3 Exhibit C - Lagorio Affidavit (with further Exhibits)# 4 Exhibit D - Stone Affirmation (with further Exhibits)# 5 Exhibit E - Piven Affidavit (with further Exhibits)# 6 Exhibit F - Henzel Affidavit (with further Exhibits))(Conway, James) (Entered: 04/24/2006)

05/01/2006 158 Letter/request (non-motion) from James F. Conway, III to Honorable J. Zobel. (Attachments: # 1 Exhibit 1 to [proposed] Order and Final Judgment - List of Putative Class Members Who Excluded Themselves)(Conway, James) (Entered: 05/01/2006)

05/01/2006 ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Motion Hearing held on 5/1/2006 re 154 MOTION for Entry of Judgment under Rule 54(b) and for Final Approval of Settlement filed by The Issac Group,.Final Order of Judgment issued; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 05/01/2006)

05/01/2006 159 Judge Rya W. Zobel : ORDER entered. ORDER AND FINAL JUDGMENT (Urso, Lisa) (Entered: 05/01/2006)

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