united states district court district of massachusetts...

US District Court Civil Docket as of 05/10/2002 Retrieved from the court on Monday, October 17, 2005

United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:96-cv-11589-JLT

Pearl v. Summit Technology, et al Assigned to: Judge Joseph L. Tauro Demand: $0 Cause: 15:78m(a) Securities Exchange Act

Date Filed: 08/02/1996 Jury Demand: Both Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question

Special Master David Berman represented by David Berman

Berman & Moren 100 George P. Hassett Drive Medford, MA 02155 781-395-7520 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consolidated Plaintiff

Jeffrey Kaliser represented by Glen DeValerio Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 617/542-8300 Fax: 617-542-1194 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey C Block Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 617-542-8300 Fax: 617-542-1194 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard Barrack

Barrack, Rodos & Bacine 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 215-963-0600 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Shelley Cutler Frankel represented by David Martland Nixon Peabody LLP 101 Federal Street Boston, MA 02110 617-345-6145 Fax: 866-368-6632 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard Barrack (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Arthur Kleiman represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Naomi L. Raphael represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


George Grover represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Flory Grover represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Fredrick Shear represented by David Pastor Gilman and Pastor, LLP 60 State Street 37th Floor Boston, MA 02109 617-742-9700 Fax: 617-742-9701 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Richard Jarett represented by David Pastor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Jeffery Jarett represented by David Pastor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


James F. Morris represented by David Pastor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Aaron E. Kaye Trustee of the Aaron E. Kaye Profit Sharing Plan

represented by Nancy F. Gans Moulton & Gans, PC 33 Broad Street Suite 1100 Boston, MA 02109 617-369-7979 Fax: 617-369-7980 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Bemporad Lowey Dannenberg Bemborad & Selinger, P.C. The Gateway One North Lexington Avenue White Plains, NY 10168 914-997-0500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen Moulton Moulton & Gans, PC 33 Broad Street 11th Floor Boston, MA 02109 617-369-7979 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen Moulton (See above for address) TERMINATED: 12/05/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Robert Robert Markewich, I.R.A. represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Joseph J. Szlavik represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Teachers' Retirement System of Louisiana

represented by I. Walter Bader Bader & Bader 65 Court Street White Plains, NY 10601 (914) 682-0072 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Harry Hyman represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Ruth Wallander represented by David Pastor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Richard A. Merlino represented by Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Scott Burke represented by Jeffrey C Block (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Creslin Limited represented by Peter J. Yanowitch Yanowitch Law Center 800 Brickell Avenue Suite 550 Miami, FL 33131

305-374-6300 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sidney Davis Davis, Webber & Edwards, P.A. 100 Park Avenue New York, NY 10017 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Mordechai Golan represented by Peter J. Yanowitch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sidney Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

G. Richard Pearl represented by Ann D. White MAGER WHITE & GOLDSTEIN LLP One Pitcairn Place Suite 2400 165 Township Line Road Jenkintown, PA 19046 215-481-0273 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan L. Clobes Suite 1700 One Logan Square 18th and Cherry Streets Philadelphia, PA 19103 LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven Law Offices of Charles J. Piven, P.A The World Trade Center - Baltimore Suite 2525 401 East Pratt Street Baltimore, MD 21202 410-332-0030

LEAD ATTORNEY ATTORNEY TO BE NOTICED David J. Fine Law Offices of David J. Fine 3 Center Plaza Suite 400 Boston, MA 02108-2003 617-720-2942 Fax: 617-720-0987 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Deborah R. Gross Law Office of Bernard M. Gross, PC Suite 200 1515 Locust Street 2nd Floor Philadelphia, PA 19102 215-561-3600 Fax: 215-561-3000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward T. Dangel, III Dangel, Donlan and Fine 10 Derne Street Boston, MA 02114-4203 617-557-4800 Fax: 617-557-4827 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nadeem Faruqi Faruqi & Faruqi 320 East 39th Street New York, NY 10016 212-9893-9330 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert S. Schubert

Schubert & Reed LLP Two Embarcadero Center Suite 1050 San Francisco, CA 94111 415-788-4220 LEAD ATTORNEY ATTORNEY TO BE NOTICED W. Mark McNair Law Offices of W. Mark McNair 1819 H Street, N.W., Suite 550 Washington, DC 20006 202-872-4717 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Consolidated Defendant

David F. Muller


Rajiv P. Bhatt


Kimberly A. Doney


Peter E. Litman


John G. Frantzis


Jeffrey A. Bernfeld represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones Nixon Peabody, LLP 101 Federal Street Boston, MA 02110

617-345-6125 Fax: 866-369-4746 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar Goodwin Procter LLP Exchange Place Boston, MA 02109 617-570-1944 Fax: 617-227-8591 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 02109 617-570-1108 Fax: 617-523-1231 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Richard F. Miller represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


John A. Norris represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Richard M. Traskos represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Smith Barney, Inc. represented by James R. Carroll Skadden, Arps, Slate, Meagher & Flom One Beacon Street 31st Floor Boston, MA 02108

617-573-4800 Fax: 617-573-4822 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Dougherty Skadden, Arps, Slate, Meagher & Flom LLP One Beacon Street Boston, MA 02108 617-573-4800 Fax: 617-573-4822 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


Bear, Stearns & Co. Inc. represented by James R. Carroll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Dougherty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Morgan Stanley & Co., Inc. represented by James R. Carroll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Dougherty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Piper Jaffray Inc. represented by James R. Carroll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Dougherty (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Summit Technology, Inc. represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Deborah L. Thaxter Nixon Peabody, LLP 100 Summer Street Boston, MA 02110 617-345-1000 Fax: 617-345-1300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

David F. Muller represented by Deborah L. Thaxter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED J. W. Codinha Nixon Peabody, LLP 101 Federal Street Boston, MA 02210 617-345-1325 Fax: 866-947-1684 Email: [email protected] LEAD ATTORNEY

ATTORNEY TO BE NOTICED Timothy W. Mungovan Nixon Peabody, LLP 100 Summer Street Boston, MA 02110 617-345-1000 Fax: 617-345-1300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Tristin L. Batchelder Nixon Peabody, LLP 101 Federal Street Boston, MA 02210 617-345-1000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Rajiv P. Bhatt represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Kimberly A. Doney represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Peter E. Litman represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

John G. Frantzis represented by David Martland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Dittmar (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Connolly, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party

Jerry L. West represented by David J. Fine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward T. Dangel, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert S. Schubert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED W. Mark McNair (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party

KPMG LLP represented by Arnold P. Messing Choate, Hall & Stewart Exchange Place 53 State Street Boston, MA 02109 617-248-5102 Fax: 617-248-4000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin J. Lesinski Seyfarth Shaw, LLP World Trade Center East Two Seaport Lane Suite 300 Boston, MA 02210 617-946-4801

Fax: 617-946-4801 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/02/1996 1 Complaint filed. Case assigned to Judge: Tauro. Receipt #: 117752 Amount:$ 120.00. Fee Status: Paid (fmr) (Entered: 08/05/1996)

08/02/1996 Summons issued for Summit Technology, David F. Muller, Rajiv P. Bhatt, Kimberly A. Doney, Peter E. Litman, John G. Frantzis (fmr) (Entered: 08/05/1996)

08/12/1996 2 Return of service executed as to Summit Technology in 1:96-cv-11589 with service on 8/5/96 filed. Answer due on 8/25/96 for Summit Technology (lau) (Entered: 08/15/1996)

08/12/1996 3 Return of service executed as to Kimberly A. Doney in 1:96-cv-11589 with service on 8/5/96 filed. Answer due on 8/25/96 for Kimberly A. Doney (lau) (Entered: 08/15/1996)

08/12/1996 4 Return of service executed as to Peter E. Litman in 1:96-cv-11589 with service on 8/5/96 filed. Answer due on 8/25/96 for Peter E. Litman (lau) (Entered: 08/15/1996)

08/12/1996 5 Return of service executed as to John G. Frantzis in 1:96-cv-11589 with service on 8/5/96 filed. Answer due on 8/25/96 for John G. Frantzis (lau) (Entered: 08/15/1996)

08/12/1996 6 Return of service executed as to Rajiv P. Bhatt in 1:96-cv-11589 with service on 8/5/96 filed. Answer due on 8/25/96 for Rajiv P. Bhatt (lau) (Entered: 08/15/1996)

08/12/1996 7 Return of service executed as to David F. Muller in 1:96-cv-11589 with service on 8/5/96 filed. Answer due on 8/25/96 for David F. Muller (lau) (Entered: 08/15/1996)

10/03/1996 8 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, James J. Locke in 1:96-cv-11633, Alisa D. Harad in 1:96-cv-11633, Edward P. Worry in 1:96-cv-11633, Bruce Zoren in 1:96-cv-11633, Summit Technology in 1:96-cv-11633, David F. Muller in 1:96-cv-11633, Jeffrey Kaliser in 1:96-cv-11647, Summit Technology in 1:96-cv-11647, David F. Muller in 1:96-cv-11647, Rajiv P. Bhatt in 1:96-cv-11647, Kimberly A. Doney in 1:96-cv-11647, Peter E. Litman in 1:96-cv-11647, John G. Frantzis in 1:96-cv-11647, Shelley Cutler Frankel in 1:96-cv-11647, Arthur Kleiman in 1:96-cv-11648, Summit Technology in 1:96-cv-11648, David F. Muller in 1:96-cv-11648, Rajiv P. Bhatt in 1:96-cv-11648, Kimberly A. Doney in 1:96-cv-11648, Peter E. Litman in 1:96-cv-11648, John G. Frantzis in 1:96-cv-11648, Naomi L. Raphael in 1:96-cv-11664, Summit Technology in 1:96-cv-11664, David F. Muller

in 1:96-cv-11664, Rajiv P. Bhatt in 1:96-cv-11664, Kimberly A. Doney in 1:96-cv-11664, Peter E. Litman in 1:96-cv-11664, John G. Frantzis in 1:96-cv-11664, George Grover in 1:96-cv-11731, Flory Grover in 1:96-cv-11731, Summit Technology in 1:96-cv-11731, David F. Muller in 1:96-cv-11731, Rajiv P. Bhatt in 1:96-cv-11731, Kimberly A. Doney in 1:96-cv-11731, Peter E. Litman in 1:96-cv-11731, John G. Frantzis in 1:96-cv-11731, Fredrick Shear in 1:96-cv-11747, Richard Jarett in 1:96-cv-11747, Jeffery Jarett in 1:96-cv-11747, James Morris in 1:96-cv-11747, Summit Technology in 1:96-cv-11747, David F. Muller in 1:96-cv-11747, Aaron E. Kaye in 1:96-cv-11809, Summit Technology in 1:96-cv-11809, David F. Muller in 1:96-cv-11809, Robert Markewich in 1:96-cv-11845, Joseph J. Szlavik in 1:96-cv-11845, Summit Technology in 1:96-cv-11845, David F. Muller in 1:96-cv-11845, Rajiv P. Bhatt in 1:96-cv-11845, Kimberly A. Doney in 1:96-cv-11845, Peter E. Litman in 1:96-cv-11845, John G. Frantzis in 1:96-cv-11845, Teachers' Retirement in 1:96-cv-11899, Summit Technology in 1:96-cv-11899, Rajiv P. Bhatt in 1:96-cv-11899, Kimberly A. Doney in 1:96-cv-11899, John G. Frantzis in 1:96-cv-11899, Ray H. Krauss in 1:96-cv-11899, Peter J. Litman in 1:96-cv-11899, David F. Muller in 1:96-cv-11899, Scott Burke in 1:96-cv-11969, Summit Technology in 1:96-cv-11969, David F. Muller in 1:96-cv-11969, Rajiv P. Bhatt in 1:96-cv-11969, Jeffrey A. Bernfeld in 1:96-cv-11969, Richard F. Miller in 1:96-cv-11969, John A. Norris in 1:96-cv-11969, Richard M. Traskos in 1:96-cv-11969, Smith Barney Inc. in 1:96-cv-11969, Bear, Stearns & Co. in 1:96-cv-11969, Morgan Stanley & Co. in 1:96-cv-11969, Piper Jaffray Inc. in 1:96-cv-11969, for PreTrial Order NO. 1 , FILED. (cmg) (Entered: 10/04/1996)

10/04/1996 11 Affidavit of Jeffry C. Block in 1:96-cv-11648, Jeffry C. Block in 1:96-cv-11845, Jeffrey C. Block in 1:96-cv-11969, Jeffrey C. Block in 1:96-cv-11976 , re: [9-1] motion to Appoint Certain REpresentatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11589, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, FILED.(c/s) (cmg) (Entered: 10/08/1996)

10/04/1996 9 Motion by G. Richard Pearl in 1:96-cv-11589, Jeffrey Kaliser in 1:96-cv-11647, Arthur Kleiman in 1:96-cv-11648, Naomi L. Raphael in 1:96-cv-11664, George Grover in 1:96-cv-11731, Fredrick Shear in 1:96-cv-11747, Aaron E. Kaye in 1:96-cv-11809, Robert Markewich in 1:96-cv-11845, Teachers' Retirement in 1:96-cv-11899, Scott Burke in 1:96-cv-11969, Harry Hyman in 1:96-cv-11976 To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel , FILED.(c/s) (cmg) (Entered: 10/08/1996)

10/04/1996 10 Memorandum by G. Richard Pearl in 1:96-cv-11589, Jeffrey Kaliser in 1:96-cv-11647, Arthur Kleiman in 1:96-cv-11648, Naomi L. Raphael in 1:96-cv-11664, George Grover in 1:96-cv-11731, Fredrick Shear in 1:96-cv-11747, Aaron E. Kaye in 1:96-cv-11809, Robert Markewich in 1:96-cv-11845, Teachers' Retirement in 1:96-cv-11899, Scott Burke in 1:96-cv-11969, Harry Hyman in 1:96-cv-11976 in support of [9-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11589, [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11647, [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11648, [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11664, [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in

1:96-cv-11731, [4-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11747, [4-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11809, [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11845, [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11899, [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11969, [2-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11976, FILED.(c/s) (cmg) (Entered: 10/08/1996)

10/04/1996 Memorandum by Arthur Kleiman in 1:96-cv-11648 in support of [3-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel , FILED.(c/s) (cmg) (Entered: 10/08/1996)

10/04/1996 12 Motion by Teachers' Retirement in 1:96-cv-11899, Harry Hyman in 1:96-cv-11976 TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 and For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel , FILED.(c/s) (cmg) (Entered: 10/15/1996)

10/04/1996 13 Memorandum by Teachers' Retirement in 1:96-cv-11899, Harry Hyman in 1:96-cv-11976 in support of [5-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11899, [5-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11899, [12-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11589, [12-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11589, [6-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11647, [6-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11647, [7-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11648, [7-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11648, [6-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11664, [6-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11664, [6-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11731, [6-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11731, [7-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11747, [7-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11747, [7-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11809, [7-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11809, [6-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11845, [6-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11845, [8-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11969, [8-

2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11969, [5-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11976, [5-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11976, [1-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11977, [1-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11977, FILED.(c/s) (cmg) (Entered: 10/15/1996)

10/18/1996 14 Joint motion by Summit Technology in 1:96-cv-11589, Summit Technology in 1:96-cv-11633, Summit Technology in 1:96-cv-11647, Summit Technology in 1:96-cv-11648, Summit Technology in 1:96-cv-11664, Summit Technology in 1:96-cv-11731, Summit Technology in 1:96-cv-11747, Summit Technology in 1:96-cv-11809, Summit Technology in 1:96-cv-11845, Teachers' Retirement in 1:96-cv-11899, Summit Technology in 1:96-cv-11899, Summit Technology in 1:96-cv-11969, Summit Technology in 1:96-cv-11976, Summit Technology in 1:96-cv-11977, Summit Technology in 1:96-cv-12044 TO Appoint Lead Plaintiffs and Lead Counsel FILED.(c/s) (cmg) (Entered: 10/31/1996)

10/18/1996 15 Memorandum by Fredrick Shear in 1:96-cv-11747, Richard Jarett in 1:96-cv-11747, Jeffery Jarett in 1:96-cv-11747, James Morris in 1:96-cv-11747 in support of [14-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11589, [8-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11633, [8-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11647, [9-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11648, [8-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11664, [8-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11731, [9-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11747, [9-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11809, [8-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11845, [7-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11899, [11-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11969, [7-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11976, [4-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11977, [2-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-12044, filed. (cmg) (Entered: 11/01/1996)

10/18/1996 16 Affidavit of Jeffrey M. Haber re: [14-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11589, 1:96-cv-11633, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, 1:96-cv-11977, 1:96-cv-12044, filed. (cmg) (Entered: 11/01/1996)

10/25/1996 18 Affidavit of Fredrick Shear in 1:96-cv-11747 , re: [14-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11589, 1:96-cv-11633, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, 1:96-cv-11977, 1:96-cv-12044, [6-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11647, 1:96-cv-11589, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-

11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, 1:96-cv-11977, [6-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11664, 1:96-cv-11589, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, 1:96-cv-11977, filed. (cmg) (Entered: 11/04/1996)

10/31/1996 17 Chief Judge Joseph L. Tauro . Notice of Hearing/conference: set status conference for 10:00 11/20/96 before Chief Judge Joseph L. Tauro , FILED.(cc/cl) (cmg) (Entered: 11/04/1996)

11/26/1996 Scheduling conference held . (cmg) (Entered: 12/05/1996)

11/26/1996 20 Chief Judge Joseph L. Tauro . Clerk's Notes: re: scheduling conference. Counsel to submit form of Order consistent w/discussion in Court w/counsel. Orders will be adopted and approved by Court w/12/2/96 date. Court will allow motion to sent out summonses to be submitted by Pltf. Hearing on motions to dismiss set for 5/5/97 at 2:30 p.m. Motions (oral) to admit Attys Bator will be allowed when certificate of good standing and motion to admit Pro Hac Vice is filed. Court Reporter: B. Sakurai. (cmg) (Entered: 12/05/1996)

12/02/1996 19 Proposed Pretrial Order No. 1 by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, James J. Locke in 1:96-cv-11633, Summit Technology in 1:96-cv-11633, Jeffrey Kaliser in 1:96-cv-11647, Summit Technology in 1:96-cv-11647, Arthur Kleiman in 1:96-cv-11648, Summit Technology in 1:96-cv-11648, Naomi L. Raphael in 1:96-cv-11664, Summit Technology in 1:96-cv-11664, George Grover in 1:96-cv-11731, Flory Grover in 1:96-cv-11731, Fredrick Shear in 1:96-cv-11747, Summit Technology in 1:96-cv-11747, Aaron E. Kaye in 1:96-cv-11809, Summit Technology in 1:96-cv-11809, Robert Markewich in 1:96-cv-11845, Summit Technology in 1:96-cv-11845, Teachers' Retirement in 1:96-cv-11899, Summit Technology in 1:96-cv-11899, Scott Burke in 1:96-cv-11969, Summit Technology in 1:96-cv-11969, Harry Hyman in 1:96-cv-11976, Summit Technology in 1:96-cv-11976, Julet K. Aitken in 1:96-cv-11977, Summit Technology in 1:96-cv-11977, Summit Technology in 1:96-cv-12044, Richard A. Merlino in 1:96-cv-12044 received for filing. (cmg) (Entered: 12/03/1996)

12/02/1996 21 Chief Judge Joseph L. Tauro . Pretrial Order NO. 1 entered: Pltfs shall file a Consolidated and Amended Class Action Complaint by 1/3/97; Defts shall move or otherwise repsond to Complaint by 2/17/97, FILED.(cc/cl) (cmg) (Entered: 12/09/1996)

12/02/1996 Consolidated Lead Case. (cmg) (Entered: 03/04/1997)

12/02/1996 SEE LEAD CASE C.A. No. 96-11589-JLT for further entries. (cmg) (Entered: 03/04/1997)

12/04/1996 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [19-1] remark in 1:96-cv-11589, granting [19-1] remark in 1:96-cv-11969. . . Order Appointing Lead Plaintiffs and Lead Counsel ISSUED, FILED.(cc/cl) (cmg) (Entered: 12/09/1996)

01/03/1997 22 STIPULATION (Motion) by G. Richard Pearl, Summit Technology , to extend time to to File Amended Complaints and the Briefing Schedule in connection with

the Plaintiffs' Amended Complaints , FILED.(c/s) (cmg) Modified on 01/16/1997 (Entered: 01/06/1997)

01/10/1997 23 First Amended and Consolidated Class Action complaint by G. Richard Pearl in 1:96-cv-11589 filed. (Answer due 1/20/97 for John G. Frantzis, for Peter E. Litman, for Kimberly A. Doney, for Rajiv P. Bhatt, for David F. Muller, for Summit Technology ) . Amended amends [1-1] complaint ; FILED.(c/s) (cmg) (Entered: 01/14/1997)

01/10/1997 24 First Amended complaint For Violation of the Federal Securities Laws by G. Richard Pearl in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 01/14/1997)

01/17/1997 25 Letter by G. Richard Pearl in 1:96-cv-11589 dated: 1/17/97 to: enclosing substituted page 8 of First Amended and Consolidated Class Action Complaint, FILED.(c/s) (cmg) (Entered: 02/04/1997)

02/25/1997 42 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 re: briefing schedule and Motion hearing, FILED.(c/s) (cmg) (Entered: 03/14/1997)

02/27/1997 27 Motion by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 to dismiss First Amended Complaint , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 28 Memorandum by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 in support of [27-1] motion to dismiss First Amended Complaint FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 29 Appendix/exhibits by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 in support of [27-1] motion to dismiss First Amended Complaint , filed. (cmg) (Entered: 03/04/1997)

02/27/1997 30 Motion by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 to dismiss the Burke Action , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 31 Motion by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 for leave to file Memorandum in Excess of 20-page limit , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 32 Memorandum by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 in support of [30-1] motion to dismiss the Burke Action , FILED.(c/s) filed. (cmg) (Entered: 03/04/1997)

02/27/1997 33 Appendix/exhibits by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 in

support of [32-1] support memorandum , filed. (cmg) (Entered: 03/04/1997)

02/27/1997 34 Motion by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589 to dismiss the Exchange Act Actions , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 35 STIPULATION (Motion) by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, for leave to file Memorandum in Excess of 20 Pages , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 36 Memorandum by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589 in support of [34-1] motion to dismiss the Exchange Act Actions , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 37 Appendix/exhibits by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589 in support of [34-1] motion to dismiss the Exchange Act Actions , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/27/1997 38 Motion by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 for leave to file Memorandum in excess , FILED.(c/s) (cmg) (Entered: 03/04/1997)

02/28/1997 26 STIPULATION by David F. Muller in 1:96-cv-11589, to extend time to 3/13/97 to anser complaint , reset answer due for 3/13/97 for David F. Muller , filed. (cmg) (Entered: 03/04/1997)

02/28/1997 39 (CORRECTED) Memorandum by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 in support of [30-1] motion to dismiss the Burke Action , filed. (cmg) (Entered: 03/04/1997)

03/10/1997 43 Notice of Change of Firm Name of Wolf Popper in 1:96-cv-11589 , filed. (cmg) (Entered: 03/14/1997)

03/13/1997 40 Motion by David F. Muller in 1:96-cv-11589 to dismiss the Burke Action , FILED.(c/s) (cmg) (Entered: 03/14/1997)

03/13/1997 41 Motion by David F. Muller in 1:96-cv-11589 to dismiss Exchange Act Actions , FILED.(c/s) (cmg) (Entered: 03/14/1997)

04/02/1997 44 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [41-1] motion to dismiss Exchange Act Actions FILED.(c/s) (cmg) (Entered: 04/03/1997)

04/02/1997 45 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, for leave to file Memo in excess of twenty pages , FILED.(c/s) (cmg) (Entered: 04/03/1997)

04/02/1997 46 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [40-1] motion to dismiss the Burke Action , FILED.(c/s) (cmg) (Entered: 04/03/1997)

04/02/1997 47 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, for leave to file

Memo in excess of twenty pages , FILED.(c/s) (cmg) (Entered: 04/03/1997)

04/02/1997 48 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [27-1] motion to dismiss First Amended Complaint , FILED.(c/s) (cmg) (Entered: 04/03/1997)

04/02/1997 49 Appendix/exhibits by G. Richard Pearl in 1:96-cv-11589 in support of [48-1] opposition memorandum, [46-1] opposition memorandum, [44-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 04/03/1997)

04/21/1997 50 Reply by Summit Technology in 1:96-cv-11589 to response to [30-1] motion to dismiss the Burke Action , FILED.(c/s) (cmg) (Entered: 04/22/1997)

04/21/1997 51 Reply by Summit Technology in 1:96-cv-11589 to response to [34-1] motion to dismiss the Exchange Act Actions , FILED.(c/s) (cmg) (Entered: 04/22/1997)

04/22/1997 52 Reply by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 to response to [27-1] motion to dismiss First Amended Complaint , FILED.(c/s) (cmg) (Entered: 04/22/1997)

04/30/1997 53 Sur reply by G. Richard Pearl in 1:96-cv-11589 to reply to [34-1] motion to dismiss the Exchange Act Actions, FILED.(c/s) (cmg) (Entered: 05/01/1997)

04/30/1997 54 Sur reply by G. Richard Pearl in 1:96-cv-11589 to reply to [30-1] motion to dismiss the Burke Action, FILED.(c/s) (cmg) (Entered: 05/01/1997)

04/30/1997 55 Sur reply by G. Richard Pearl in 1:96-cv-11589 to reply to [27-1] motion to dismiss First Amended Complaint, FILED.(c/s) (cmg) (Entered: 05/01/1997)

05/05/1997 Motion hearing re: [41-1] motion to dismiss Exchange Act Actions Motion hearing held, [40-1] motion to dismiss the Burke Action Motion hearing held, [34-1] motion to dismiss the Exchange Act Actions Motion hearing held (cmg) (Entered: 05/06/1997)

05/05/1997 56 Chief Judge Joseph L. Tauro . Clerk's Notes: re: motion hearing. [41-1] motion to dismiss Exchange Act Actions taken under advisement; [40-1] motion to dismiss the Burke Action taken under advisement; [34-1] motion to dismiss the Exchange Act Actions taken under advisement. Court Reporter: B. Sakurai. (cmg) (Entered: 05/06/1997)

05/09/1997 57 SUpplemental Memorandum by Summit Technology in 1:96-cv-11589 ng Issues Raised at Oral Argument on Motion to Dismiss the Exchange Act Actions, FILED.(c/s) (cmg) (Entered: 05/12/1997)

05/09/1997 58 Supplemental Memorandum by Summit Technology in 1:96-cv-11589 Addressing Issues Raised at Oral Argument on Motion to Dismiss the Exchange Act Actions, FILED.(c/s) (cmg) (Entered: 05/12/1997)

06/03/1997 59 Chief Judge Joseph L. Tauro . Order entered denying [41-1] motion to dismiss Exchange Act Actions, denying [40-1] motion to dismiss the Burke Action, denying [34-1] motion to dismiss the Exchange Act Actions, denying [30-1] motion to dismiss the Burke Action, FILED.(cc/cl) (cmg) (Entered: 06/05/1997)

06/11/1997 62 Letter by Jeffry C. Block in 1:96-cv-11589 dated: 6/11/97 to: Clerk re: notifying Court as to latest case filed as to the same defts. Requested Pretrial Order NO. 1 be

sent to counsel involved in this case in accordance with Order entered on 12/2/96, FILED.(c/s) (cmg) (Entered: 07/15/1997)

06/13/1997 Terminated document: mooting [47-1] stipulation motion for leave to file Memo in excess of twenty pages in 1:96-cv-11589, mooting [45-1] stipulation motion for leave to file Memo in excess of twenty pages in 1:96-cv-11589, mooting [41-1] motion to dismiss Exchange Act Actions in 1:96-cv-11589, mooting [40-1] motion to dismiss the Burke Action in 1:96-cv-11589, mooting [38-1] motion for leave to file Memorandum in excess in 1:96-cv-11589, mooting [35-1] stipulation motion for leave to file Memorandum in Excess of 20 Pages in 1:96-cv-11589, mooting [34-1] motion to dismiss the Exchange Act Actions in 1:96-cv-11589, mooting [31-1] motion for leave to file Memorandum in Excess of 20-page limit in 1:96-cv-11589, mooting [30-1] motion to dismiss the Burke Action in 1:96-cv-11589, mooting [27-1] motion to dismiss First Amended Complaint in 1:96-cv-11589, mooting [22-1] stipulation motion to extend time to to File Amended Complaints and the Briefing Schedule in connection with the Plaintiffs' Amended Complaints in 1:96-cv-11589, mooting [14-1] joint motion TO Appoint Lead Plaintiffs and Lead Counsel in 1:96-cv-11589, 1:96-cv-11633, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, 1:96-cv-11977, 1:96-cv-12044, mooting [9-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11589, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, mooting [9-1] motion to Appoint Certain REpresentatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11589, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, mooting [12-1] motion TO be Appointed Lead Plaintiffs Pursuant to Sec.21D(a)(3)(B) of the Securities Exchange Act of 1934 in 1:96-cv-11589, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, 1:96-cv-11977, mooting [12-2] motion For Appointment of Lead Plaintiffs' CHosen Counsel TO SErve as Co-Lead Counsel in 1:96-cv-11589, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, 1:96-cv-11976, 1:96-cv-11977, mooting [8-1] stipulation motion for PreTrial Order NO. 1 in 1:96-cv-11589, 1:96-cv-11633, 1:96-cv-11647, 1:96-cv-11648, 1:96-cv-11664, 1:96-cv-11731, 1:96-cv-11747, 1:96-cv-11809, 1:96-cv-11845, 1:96-cv-11899, 1:96-cv-11969, mooting [5-1] motion To Appoint Certain Representatives as Lead Plaintiffs and to Appoint Lead Counsel in 1:96-cv-11633, mooting [18-1] stipulation motion For Entryof Proposed Order on Coordination in 1:96-cv-11969, mooting [12-1] motion To Coordinate this Action with Pearl v. Summit TEchnology, Inc. and all Other Actions Which are Related to Pearl in 1:96-cv-11969 . (mlc) (Entered: 06/13/1997)

06/26/1997 60 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, to extend time to 30 days to file answer , FILED. (cmg) (Entered: 06/30/1997)

07/02/1997 61 STIPULATION by David F. Muller in 1:96-cv-11589, to extend time to 30 days to answer complaint , FILED. (cmg) (Entered: 07/03/1997)

07/21/1997 63 Proposed Pre-Trial Order No. 2 by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 received for filing. (cmg) (Entered: 07/22/1997)

07/22/1997 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [63-1] Pretrial Order No. 2 ISSUED, filed.(cc/cl) (cmg) (Entered: 07/22/1997)

07/23/1997 64 Notice of appearance of attorney for David F. Muller in 1:96-cv-11589 by Tristin L. Batchelder, FILED.(c/s) (cmg) (Entered: 07/29/1997)

07/23/1997 65 Notice of Contingent Waiver of Oral Argu by David F. Muller in 1:96-cv-11589 , FILED. (cmg) (Entered: 07/29/1997)

07/23/1997 66 Motion by David F. Muller in 1:96-cv-11589 to transfer case 97-6589 S. Dist. of Florida to USDC Mass. , FILED.(c/s) (motion to be decided by MDL Panel) (cmg) (Entered: 07/29/1997)

07/23/1997 67 Letter by Tristin L. Batchelder in 1:96-cv-11589 dated: 7/23/97 to: MDL Panel re: enclosing Schedule of Actions to be filed with Motion of David F. Muller to Transfer, FILED.(c/s) (cmg) (Entered: 07/29/1997)

07/23/1997 68 Memorandum by David F. Muller in 1:96-cv-11589 in support of [66-1] motion to transfer case 97-6589 S. Dist. of Florida to USDC Mass. , FILED.(c/s) (cmg) (Entered: 07/29/1997)

07/23/1997 69 Appendix/exhibits (Volume I) by David F. Muller in 1:96-cv-11589 in support of [68-1] support memorandum , FILED.(c/s) (cmg) (Entered: 07/29/1997)

07/23/1997 70 Appendix/exhibits (Volume II) by David F. Muller in 1:96-cv-11589 in support of [68-1] support memorandum , FILED.(sc/s) (cmg) (Entered: 07/29/1997)

07/25/1997 71 Notice of appearance of attorney for Summit Technology in 1:96-cv-11589 by Attys Dittmar and Martland, FILED.(c/s) (cmg) (Entered: 07/29/1997)

07/25/1997 72 Response by Summit Technology in 1:96-cv-11589 to [66-1] motion to transfer case 97-6589 S. Dist. of Florida to USDC Mass. , FILED.(c/s) (cmg) (Entered: 07/29/1997)

07/25/1997 73 Notice of Contingent Waiver of Oral Argument by Summit Technology in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 07/29/1997)

08/18/1997 83

Notice of Underwriter Defts' by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 Response to Motion of David F. Muller to Transfer (orig. filed w/MDL Panel), FILED. (cmg) (Entered: 09/05/1997) 08/18/1997 84 Notice of Creslin Limited and Mordechai Golan TO Clerk of the Panel and Response in Oppos. to Motion of David F. Muller To Transfer, FILED.(orig. filed w/MDL Panel) (cmg) (Entered: 09/05/1997) 08/19/1997 76 Joinder of Rajiv P. Bhatt, Kimberley A. Doney, John G. Frantzis, Ray H. Krauss, Peter E. Litman, Jeffrey A. Bernfeld, Richard F. Miller, John A. Norris and Richard M. Traskos in Motion of David F. Muller to Transfer (before MDL Panel), FILED. (cmg) (Entered: 08/22/1997) 08/19/1997 77 Notice of Presentation or Waiver of Oral Argument by Summit Technology in

1:96-cv-11589 , FILED.(orig. filed w/MDL Panel) (cmg) (Entered: 08/22/1997)

08/20/1997 78 Answer by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 to amended complaint, filed. (cmg) (Entered: 08/25/1997)

08/21/1997 74 Answer by David F. Muller in 1:96-cv-11589 to complaint , FILED.(c/s) (cmg) (Entered: 08/22/1997)

08/21/1997 75 Answer by David F. Muller in 1:96-cv-11589 to complaint as to THe Exchange Act Actions , FILED.(c/s) (cmg) (Entered: 08/22/1997)

08/21/1997 79 Answer by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 to amended complaint, FILED.(c/s) (cmg) (Entered: 08/25/1997)

08/21/1997 80 Answer by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589 to amended complaint, filed. (cmg) (Entered: 08/25/1997)

08/21/1997 81 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, to extend time to 9/22/97 to file a Confidentiality Stipulation and Order , FILED.(c/s) (cmg) (Entered: 08/26/1997)

08/22/1997 82 Copy of Letter by David Martland in 1:96-cv-11589 dated: 8/21/97 to: Clerk, MDL Panel re: enclosing Reply Memorandum in Support of Motion to Transfer, FILED.(c/s) (cmg) (Entered: 08/26/1997)

09/02/1997 85 Notice of change of address for ATty. Chitwood, FILED. (cmg) (Entered: 09/08/1997)

09/05/1997 86 Answer by David F. Muller in 1:96-cv-11589 to complaint , FILED.(c/s) (cmg) (Entered: 09/08/1997)

09/08/1997 87 Answer by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 to complaint , filed. (cmg) (Entered: 09/09/1997)

09/18/1997 92 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, to extend time to 10/2/97 to File Confidentiality Stipulation and Order , FILED.(c/s) (cmg) (Entered: 09/22/1997)

09/19/1997 88 Motion by Scott Burke in 1:96-cv-11589 For Class Certification , FILED.(c/s) (cmg) (Entered: 09/22/1997)

09/19/1997 89 Memorandum by Scott Burke in 1:96-cv-11589 in support of [88-1] motion For Class Certification , FILED.(c/s) (cmg) (Entered: 09/22/1997)

09/19/1997 90 Motion by Teachers' Retirement in 1:96-cv-11589 For Class Certification , FILED.(c/s) (cmg) (Entered: 09/22/1997)

09/19/1997 91 Memorandum by Teachers' Retirement in 1:96-cv-11589 in support of [90-1] motion For Class Certification , FILED.(c/s) (cmg) (Entered: 09/22/1997)

09/26/1997 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [92-1] stipulation motion to extend time to 10/2/97 to File Confidentiality Stipulation and Order , FILED.(cc/cl) (cmg) (Entered: 09/30/1997)

10/02/1997 93 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, Jeffrey Kaliser in 1:96-cv-11589, Shelley Cutler Frankel in 1:96-cv-11589, Arthur Kleiman in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, Naomi L. Raphael in 1:96-cv-11589, George Grover in 1:96-cv-11589, Flory Grover in 1:96-cv-11589, Fredrick Shear in 1:96-cv-11589, Richard Jarett in 1:96-cv-11589, Jeffery Jarett in 1:96-cv-11589, James F. Morris in 1:96-cv-11589, Aaron E. Kaye in 1:96-cv-11589, Robert Markewich in 1:96-cv-11589, Joseph J. Szlavik in 1:96-cv-11589, Teachers' Retirement in 1:96-cv-11589, Harry Hyman in 1:96-cv-11589, Ruth Wallander in 1:96-cv-11589, Richard A. Merlino in 1:96-cv-11589, Scott Burke in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589, Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589, to extend time to 10/9/97 to file confidentiality stipulation and order , filed. c/s (tmc) (Entered: 10/06/1997)

10/02/1997 94 Chief Judge Joseph L. Tauro . Notice of Hearing/conference: set status conference for 11:00 on 10/24/97 . cc/cl (tmc) (Entered: 10/06/1997)

10/09/1997 95 Motion by G. Richard Pearl in 1:96-cv-11589 for protective order , FILED.(c/s0 (cmg) (Entered: 10/10/1997)

10/09/1997 96 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [95-1] motion for protective order , FILED.(c/s) (cmg) (Entered: 10/10/1997)

10/09/1997 97 Proposed Protective Order by G. Richard Pearl in 1:96-cv-11589 received for filing. (cmg) (Entered: 10/10/1997)

10/09/1997 103 Order of MDL Panel entered: actions to be transferred to the District of Massachusetts. (cmg) (Entered: 11/06/1997)

10/10/1997 98 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, to extend time to 10/28/97 to respond to Motion for Protective Order , FILED.(c/s) (cmg) (Entered: 10/14/1997)

10/20/1997 99 Document disclosure by David F. Muller , FILED.(c/s) (cmg) (Entered: 10/21/1997)

10/24/1997 100 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, to extend time to 10/31/97 to file proposed protective Order and Memo of law; Pltfs' response due on 11/7/97 , FILED.(c/s) (cmg) (Entered: 10/27/1997)

10/24/1997 101 Motion by Creslin Limited in 1:96-cv-11589, Mordechai Golan in 1:96-cv-11589 to Proceed Under Separate Complaint in Consolidated Pretrial Proceedings and Memo of Law , FILED.(c/s) (cmg) (Entered: 10/27/1997)

10/30/1997 102 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, Setting Schedule for Briefing Motionfor Entry of Pltfs' Proposed Protective Order , FILED.(c/s) (cmg) (Entered: 11/03/1997)

11/06/1997 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [102-1] stipulation motion Setting Schedule for Briefing Motion for Entry of Pltfs' Proposed Protective Order... Defts. time to file a proposed protective order and memo. of law in support shall be extended to 11/6/97 and plaintiffs shall file their reply to defendants' proposed protective order on 11/14/97...cc/cl. (tmc) (Entered: 11/07/1997)

11/06/1997 104 Memorandum by Summit Technology in 1:96-cv-11589 in support of SUMMIT'S Proposed Protective Order and in opposition to plaintiff's [95-1] motion for protective order , filed. c/s (tmc) (Entered: 11/10/1997)

11/12/1997 105 STIPULATION by G. Richard Pearl in 1:96-cv-11589, to extend time to 11/21/97 to respond to Pltf's Prot. Order , filed. (cmg) (Entered: 11/14/1997)

11/21/1997 111 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, Setting Schedule for Briefing Motion for Entry of Pltfs' proposed Protective Order , FILED.(c/s) (cmg) (Entered: 12/12/1997)

11/25/1997 106 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [95-1] motion for protective order , FILED.(c/s) (cmg) (Entered: 12/01/1997)

12/02/1997 107 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, Setting Briefing Schedule on Pltfs' Motion for Class Certification , FILED.(c/s) (cmg) (Entered: 12/04/1997)

12/03/1997 108 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, For Pretrial Order , FILED.(c/s) (cmg) (Entered: 12/04/1997)

12/05/1997 109 Notice of withdrawal of counsel by attorney Stephen Moulton for Aaron E. Kaye in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 12/08/1997)

12/05/1997 110 Notice of appearance of attorney for Aaron E. Kaye in 1:96-cv-11589 by Stephen Moulton, Nancy F. Gans, filed. (cmg) (Entered: 12/08/1997)

12/18/1997 112 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, SEtting TIme for Completing Discovery With REspect to Class Certification , FILED.(c/s) (cmg) (Entered: 12/22/1997)

01/22/1998 Terminated document: granting [66-1] motion to transfer case 97-6589 S. Dist. of Florida to USDC Mass. Requested by cmg. (cmg) (Entered: 01/22/1998)

01/26/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [112-1] stipulation motion Setting Time for Completing Discovery With REspect to Class Certification, FILED.(cc/cl) (cmg) (Entered: 01/27/1998)

02/11/1998 113 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, Regarding Discovery and Briefing Schedule

RElated to Pltfs' Motion for Class Certification , FILED.(c/s) (cmg) (Entered: 02/17/1998)

02/17/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [113-1] stipulation motion Regarding Discovery and Briefing Schedule RElated to Pltfs' Motion for Class Certification : Defts to complete discovery of pltfs with respect to class certification by 2/27/98; defts' oppos. to Pltfs' Motionfor Class Certification shall be filed and served by 3/30/98; pltfs reply to defts' oppos. shall be filed by 4/29/98, FILED.(cc/cl) (cmg) (Entered: 02/23/1998)

02/26/1998 114 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 re: Discovery and Briefing Schedule Related to Plaintiffs' Motion for Class Certification, FILED.(c/s) (cmg) (Entered: 02/27/1998)

02/26/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [108-1] stipulation motion For Pretrial Order , FILED.(cc/cl) (cmg) (Entered: 02/27/1998)

02/26/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [114-1] stipulation Regarding Discovery and Briefing Schedule Related to Pltfs' Motion for Class certification, FILED.(cc/cl) (cmg) (Entered: 03/02/1998)

02/27/1998 115 STIPULATED Pre-Trial Order by Summit Technology in 1:96-cv-11589 , filed. (cmg) (Entered: 03/06/1998)

03/09/1998 116 Notice of Change of Name of Pltf's law firm by G. Richard Pearl in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 03/10/1998)

03/31/1998 117 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, setting discovery and briefing schedule re: Pltfs' Motion For Class Certification , FILED.(c/s) (cmg) (Entered: 03/31/1998)

04/01/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [117-1] stipulation motion setting discovery and briefing schedule re: Pltfs' Motion For Class Certification FILED.(cc/cl) (cmg) (Entered: 04/06/1998)

05/01/1998 118 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, Regarding Discovery and Briefing Schedule Related to Pltfs' Motion for Class Certification , FILED.(c/s) (cmg) (Entered: 05/01/1998)

05/04/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [118-1] stipulation motion Regarding Discovery and Briefing Schedule Related to Pltfs' Motion for Class Certification , FILED.(cc/cl) (cmg) (Entered: 05/05/1998)

06/30/1998 119 Response by Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Summit Technology in 1:96-cv-11969, David F. Muller in 1:96-cv-11969 in opposition to Scott Burke's Motion for Class Certification, FILED.(c/s) (cmg) (Entered: 07/10/1998)

06/30/1998 120 Appendix by Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Summit Technology in 1:96-cv-11969, David F. Muller in 1:96-cv-11969 in support of [119-1] opposition response in 1:96-cv-11589, [24-1] opposition response in 1:96-cv-11969, filed. (cmg) (Entered: 07/10/1998)

07/09/1998 121 Notice of that Summit Defts Do not Oppose Class Certification in the Exchange

Act Action at This Time by Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 07/10/1998)

07/09/1998 122 Chief Judge Joseph L. Tauro . Notice of Hearing/conference: set status conference for 10:30 7/23/98 before Chief Judge Joseph L. Tauro , FILED.(cc/cl) (cmg) (Entered: 07/10/1998)

07/09/1998 124 Notice of That Summit Defts do not Oppose Class certification in the Exchange Act Action at this TIme 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 07/16/1998)

07/15/1998 123 Letter dated: 7/15/98 to: Clerk re: confirming resched. of conf. to 8/6/98, FILED.(c/s) (cmg) (Entered: 07/16/1998)

07/30/1998 125 Status report by Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 07/31/1998)

07/30/1998 126 Reply by Scott Burke in 1:96-cv-11589, Scott Burke in 1:96-cv-11969 to response to [88-1] motion For Class Certification in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 08/03/1998)

08/05/1998 127 Supplement to joint Status report by Summit Technology in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 08/06/1998)

08/05/1998 128 Memorandum by Summit Technology in 1:96-cv-11589 in support of Their Revised Proposed Protective Order, FILED.(c/s0 (cmg) (Entered: 08/06/1998)

08/06/1998 Status conference held . (cmg) (Entered: 08/10/1998)

08/06/1998 129 Chief Judge Joseph L. Tauro . Clerk's Notes: re: status conf. Hearing held on pending motions. Motion for class scertification Allowed. Pretrial Order #2 is in Effect. Fact discovery to be completed by 2/28/99. Parties to advise if they would like a Special Master appointed. Court Reporter: P. Coppola (cmg) (Entered: 08/10/1998)

08/06/1998 130 Reply/response by Summit Technology in 1:96-cv-11589 to , Scott Burke's Motion for Class Certification, FILED.(c/s) (cmg) (Entered: 08/10/1998)

08/11/1998 131 Chief Judge Joseph L. Tauro . Order entered granting [88-1] motion For Class Certification; granting [90-1] motion For Class Certification; denying [101-1] motion to Proceed Under Separate Complaint in Consolidated Pretrial Proceedings and Memo of Law; denying [95-1] motion for protective order, set discovery due for 2/28/99 , set status conference for reset to 10:30 3/9/99 before Chief Judge Joseph L. Tauro , FILED.(cc/cl) (cmg) (Entered: 08/11/1998)

08/27/1998 132 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, for leave to file memo in excess , FILED.(c/s) (cmg) (Entered: 08/31/1998)

08/27/1998 133 Motion by G. Richard Pearl in 1:96-cv-11589 to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 , FILED.(c/s) (cmg) (Entered: 08/31/1998)

08/27/1998 134 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [133-1] motion to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 , FILED.(c/s) (cmg) (Entered: 08/31/1998)

08/27/1998 135 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, to seal/impound , FILED.(c/s) (cmg) (Entered: 08/31/1998)

08/27/1998 136 Affidavit of Jeffry C. Block in 1:96-cv-11589 , re: [135-1] stipulation motion to seal/impound , filed. (cmg) (Entered: 08/31/1998)

08/27/1998 137 Report of parties regarding appointment of special discovery master, filed. c/s (mr) (Entered: 09/03/1998)

09/02/1998 138 Order Appointing Special Master, entered . David Berman appointed special master to assist the parties in settling all litigation and preside at settlement conference. He shall supervise discovery. All orders issued by the Special Master will be as if ordered by this Court. cc/cl (mr) (Entered: 09/03/1998)

09/08/1998 139 Order of Special Master David Berman in 1:96-cv-11589 entered . By 9/11/98 counsel shall furnish to the Special Master by facsimile a list of attorneys and other with addresses, phone numbers and fax numbers, on whom all orders should be served. By 9/16/98 each party shall have in the hands of the Special Master copies of pleadings, pending discovery motions including all supporting briefs, affidavits and other documents. (mr) (Entered: 09/09/1998)

10/01/1998 140 Assented to Motion by Summit Technology in 1:96-cv-11589 for leave to file brief in excess of 20 pages , filed. (mr) (Entered: 10/01/1998)

10/02/1998 141 Order of Special Master David Berman in 1:96-cv-11589 entered granting [140-1] motion for leave to file brief in excess of 20 pages . cc/cl (mr) (Entered: 10/02/1998)

10/06/1998 142 Motion by G. Richard Pearl in 1:96-cv-11589 for leave to file reply memorandum in excess of twenty pages , filed. c/s (mr) (Entered: 10/07/1998)

10/06/1998 143 Reply/response by G. Richard Pearl in 1:96-cv-11589 to The Summit Defendants' revised proposed protective order, filed. c/s (mr) (Entered: 10/07/1998)

10/06/1998 144 Reply Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [133-1] motion to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 , filed. FILED UNDER SEAL. (mr) (Entered: 10/07/1998)

10/06/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [142-1] motion for leave to file reply memorandum in excess of twenty pages . Notice sent to counsel. (mr) (Entered: 10/07/1998)

10/07/1998 145 Order of Special Master David Berman in 1:96-cv-11589 entered, Motion hearing [133-1] motion to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 set for 10/9/98 at 2:00 . (mr) (Entered: 10/07/1998)

10/08/1998 Chief Judge Joseph L. Tauro . Endorsed Order entered granting [140-1] motion for leave to file brief in excess of 20 pages . Notice sent to counsel. (mr) (Entered: 10/09/1998)

10/09/1998 146 Order of Special Master David Berman in 1:96-cv-11589 entered, Motion hearing [133-1] motion to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 reset for 10/13/98 at 2:00. Letter motion to reschedule hearing and to take up at the hearing whether to issue a protective order, is ALLOWED. (mr)

(Entered: 10/09/1998)

10/28/1998 147 Motion by G. Richard Pearl in 1:96-cv-11589 to compel the production of documents , filed. c/s (mr) (Entered: 10/29/1998)

10/28/1998 148 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [147-1] motion to compel the production of documents , filed. c/s (mr) (Entered: 10/29/1998)

10/29/1998 149 Affidavit of Jeffry C. Block in 1:96-cv-11589 , re: [147-1] motion to compel the production of documents , filed. (mr) (Entered: 10/29/1998)

10/30/1998 150 Order of Special Master David Berman in 1:96-cv-11589 entered . Counsel have failed to submit a draft order in accordance with the rulings made at the hearing held on 10/13/98. If no such draft is received by the Special Master before 10:00 am on 11/2/98, the Special Master will draw his own order. cc/cl (mr) (Entered: 10/30/1998)

10/30/1998 151 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589, to extend time to 5/28/99 for all discovery , filed. c/s (mr) (Entered: 10/30/1998)

10/30/1998 Proposed Order Compelling the production of Documents by Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Rajiv Bhatt in 1:96-cv-11589, Kimberly A. Doney in 1:96-cv-11589, Peter E. Litman in 1:96-cv-11589, John G. Frantzis in 1:96-cv-11589 received for filing. (mr) (Entered: 10/30/1998)

11/02/1998 152 Order of Special Master David Berman in 1:96-cv-11589 entered. Order compelling the production of documents from defendants. (mr) (Entered: 11/02/1998)

11/04/1998 153 Endorsed Order of Special Master David Berman in 1:96-cv-11589 entered granting [151-1] stipulation motion to extend time to 5/28/99 for all discovery . (mr) (Entered: 11/04/1998)

11/12/1998 154 STIPULATION by G. Richard Pearl and non-party KPMG Peat Marwick in 1:96-cv-11589 , filed. (mr) Modified on 11/13/1998 (Entered: 11/13/1998)

11/12/1998 155 Joint motion by G. Richard Pearl in 1:96-cv-11589 for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , filed. c/s (mr) (Entered: 11/13/1998)

11/12/1998 156 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , filed. c/s (mr) (Entered: 11/13/1998)

11/12/1998 162 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 re: Production of documents, FILED.(c/s) (cmg) (Entered: 12/11/1998)

11/18/1998 David Berman, Special Master. Endorsed Order entered granting [154-1] stipulation . (mr) (Entered: 11/18/1998)

11/18/1998 157 Response in opposition to [147-1] motion to compel the production of documents ,

filed. c/s (mr) (Entered: 11/18/1998)

11/19/1998 158 STIPULATION regarding Plaintiff's Joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action and renewed motion to comel the production of documents from Summit defendants, by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 , filed. (mr) (Entered: 11/20/1998)

11/23/1998 159 Motion by G. Richard Pearl in 1:96-cv-11589 for leave to file reply memorandum in support of motion to compel , filed. c/s (mr) (Entered: 11/25/1998)

11/23/1998 160 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [147-1] motion to compel the production of documents , filed. c/s (mr) (Entered: 11/25/1998)

12/02/1998 161 Order of Special Master David Berman in 1:96-cv-11589 entered: On 12/7/98 at 2:00 p.m. the Special Master will conduct a telephone hearing, FILED. (cmg) (Entered: 12/10/1998)

12/11/1998 163 Notice of Joinder in and Adoption of by Smith Barney, Inc. in 1:96-cv-11589 of Summit Defts' Opposition to Motion to Amend, FILED.(c/s) (cmg) (Entered: 12/15/1998)

12/11/1998 164 Response by Summit Technology in 1:96-cv-11589 in opposition to [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , FILED.(c/s) (cmg) (Entered: 12/15/1998)

12/11/1998 165 Exhibit F by Summit Technology in 1:96-cv-11589 [164-1] opposition response , FILED.(c/s) (cmg) (Entered: 12/15/1998)

12/11/1998 166 Response by Summit Technology in 1:96-cv-11589 in opposition to [147-1] motion to compel the production of documents , FILED.(c/s) (cmg) (Entered: 12/15/1998)

12/11/1998 167 Response by David F. Muller in 1:96-cv-11589 in opposition to [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , FILED.(c/s) (cmg) (Entered: 12/15/1998)

12/11/1998 168 Order of Special Master David Berman in 1:96-cv-11589 entered mooting [147-1] motion to compel the production of documents, FILED. (cmg) (Entered: 12/21/1998)

12/22/1998 169 Notice of change of address filed by Robert M. Roseman on behalf of G. Richard Pearl in 1:96-cv-11589 . (cmg) (Entered: 12/28/1998)

12/23/1998 170 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , FILED.(c/s) (cmg) (Entered: 12/28/1998)

01/12/1999 305 Order of Special Master David Berman in 1:96-cv-11589 entered: The motion to dismiss the second amended complaint will not be heard on 11/12/99, FILED.(cc/cl)[EOD Date 11/15/99] (cmg) (Entered: 11/15/1999)

01/14/1999 Terminated document: mooting [133-1] motion to compel the Production of

Documents Pursuant to FRCP 37 and Local Rule 37.1, mooting [132-1] stipulation motion for leave to file memo in excess Requested by cmg. (cmg) (Entered: 01/14/1999)

01/27/1999 171 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, for protective order , FILED.(c/s) (cmg) Modified on 01/29/1999 (Entered: 01/28/1999)

01/28/1999 172 Order of Special Master David Berman in 1:96-cv-11589 entered granting [171-1] stipulation motion for protective order, FILED.(cc/cl) (cmg) (Entered: 02/04/1999)

02/23/1999 173 Notice of change of address for Atty. Piven, FILED.(c/s) (cmg) (Entered: 02/25/1999)

02/23/1999 174 Chief Judge Joseph L. Tauro . Order entered: The court hereby amends the Order Appointing Special Master (Docket #138) and authorizes the Special Master to rule on motions to amend, FILED.(cc/cl) (cmg) (Entered: 02/25/1999)

02/24/1999 176 Notice of Objection to Not being Served and Jojinder in the Summit Defts' REquest for Reconsideration by Smith Barney, Inc. in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 03/01/1999)

02/25/1999 175 Notice of Joinder In and Adoption ot Summmit Defts' Objection to and Request for REconsiderationo f Order Amending Appt. of Special Master and Underwriter Defts' Objection to Not Being Served by David F. Muller in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 03/01/1999)

03/04/1999 177 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [175-1] request for reconsideration of Court's Order of 2/23/99 [176-1] request for reconsideration, FILED.(c/s) (cmg) (Entered: 03/05/1999)

03/04/1999 178 Motion by G. Richard Pearl in 1:96-cv-11589 to extend time for discovery , and for for sanctions for Defts' Failure to Comply with the Court's Discovery Order , FILED.(c/s) (cmg) (Entered: 03/05/1999)

03/04/1999 179 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [178-1] motion to extend time for discovery, [178-2] motion for sanctions for Defts' Failure to Comply with the Court's Discovery Order , FILED.(c/s) (cmg) (Entered: 03/05/1999)

03/04/1999 180 Notice of Substitution of Counsel of attorney for G. Richard Pearl in 1:96-cv-11589 by Edward T. Dangel III, David J. Fine, FILED.(c/s) (cmg) (Entered: 03/05/1999)

03/04/1999 181 Notice of appearance of attorney for G. Richard Pearl in 1:96-cv-11589 by W. Mark McNair, Robert C. Schubert, filed. (cmg) (Entered: 03/05/1999)

03/04/1999 182 Proposed First Amended Derivative Comp by Jerry L. West, G. Richard Pearl in 1:96-cv-11589 received for filing. (cmg) (Entered: 03/05/1999)

03/09/1999 183 Request (non motion) for hearing and status conference filed. c/s (fmr) (Entered: 03/10/1999)

03/09/1999 184 Order of Special Master David Berman in 1:96-cv-11589 entered: Special Mmaster is not in possessionof Pltfs' motion to compel discovery to which defts refer in par 2 of their motion. Pltfs are ordered to furnish the Special Master with a copy of

their motion forthwith. Special Master is also not in possession of the alleged withdrawal of West's amended complaint; West's attys are ordered to furnish it forthwith, FILED.(cc/cl) (cmg) (Entered: 03/12/1999)

03/12/1999 185 Response by Summit Technology in 1:96-cv-11589 in opposition to [178-1] motion to extend time for discovery , filed. c/s (tmc) (Entered: 03/15/1999)

03/12/1999 186 Affidavit of William J. Connolly III in 1:96-cv-11589 , re: [185-1] opposition response , filed. (tmc) (Entered: 03/15/1999)

03/16/1999 187 Transcript of proceedings for held on proceeding date: 11/26/96, conference, before Judge: Tauro. Court Reporter: Barbara Sakurai (cmg) (Entered: 03/19/1999)

03/16/1999 188 Transcript of proceedings for held on proceeding date: 5/5/97, motions hearing, before Judge: Tauro. Court Reporter: Barbara Sakurai (cmg) (Entered: 03/19/1999)

03/17/1999 189 Order of Special Master David Berman in 1:96-cv-11589 entered: Special Master will hold a hearing on 3/26/99 at 2:00 p.m. re: Pltfs' Motiont o extend discovery cut-off date, FILED. (cmg) (Entered: 03/22/1999)

03/25/1999 190 Notice by G. Richard Pearl in 1:96-cv-11589 withdrawing Amended Verified Derivative Complaint, FILED.(c/s) (cmg) (Entered: 03/26/1999)

03/26/1999 191 Order of Special Master David Berman in 1:96-cv-11589 entered granting in part, denying in part [178-1] motion to extend time for discovery . Defts to comply with the Order dated 10/31/99. Completion of non-expert discovery is exended to 7/30/99, FILED.(cc/cl) (cmg) (Entered: 03/29/1999)

03/31/1999 192 Order of Special Master David Berman in 1:96-cv-11589 entered: Telephone hearing to be held on 4/15/99 at 11:00 a.m. re: Pltf's Motion to Amend, FILED.(cc/cl) (cmg) (Entered: 04/05/1999)

04/13/1999 193 Order of Special Master David Berman in 1:96-cv-11589 entered . Telephone hearing sched. for 4/15/99 at 11:00 will be conducted at the office of Hutchins, Wheeler, FILED.(cc/cl) (cmg) (Entered: 04/15/1999)

04/14/1999 194 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, to Take Additional Depositions , FILED.(c/s) (cmg) (Entered: 04/15/1999)

04/15/1999 206 Order of Special Master David Berman in 1:96-cv-11589 entered re: Depositions, FILED. [EOD Date 6/11/99] (cmg) (Entered: 06/11/1999)

05/03/1999 195 Order of Special Master David Berman in 1:96-cv-11589 entered: The letter to the Special Master from Pltfs' attorney dated 4/30/99 is treated as a motion to extend the time to file new Second consolidated and Amended Class Action Complaint. So treated, the motion is Allowed, FILED.(cc/cl) (cmg) (Entered: 05/04/1999)

05/10/1999 196 Order of Special Master David Berman in 1:96-cv-11589 entered: The faxed letter from Defts' atty. dated 5/7/99, is treated as a motion to enlarge until 5/24/99, the time for Defts to file an opposition to Pltfs' May 5, 1999 motion for leave to file second consolidated and amended class action complaint. SO treated, the motion is allowed, FILED.(cc/cl) (cmg) (Entered: 05/11/1999)

05/24/1999 197 Order of Special Master David Berman in 1:96-cv-11589 entered : The facsimile transmission from Defts' atty. dated 3/21/99 is treated as a motion to enlarge time,

and it is ALLOWED, FILED.(cc/cl) (cmg) (Entered: 05/24/1999)

05/26/1999 198 Motion by Summit Technology in 1:96-cv-11589 for leave to file 25 Page Brief in Opposition to Pltf's May 5, 1999 Motion for Leave to Amend , FILED.(c/s) (cmg) (Entered: 05/27/1999)

05/26/1999 199 Response by Summit Technology in 1:96-cv-11589 in opposition to Pltfs' May 5, 1999 Motion for Leave to Amend, FILED.(c/s) (cmg) (Entered: 05/27/1999)

05/26/1999 200 Appendix/exhibits by Summit Technology in 1:96-cv-11589 in support of [199-1] opposition response , FILED.(c/s) (cmg) (Entered: 05/27/1999)

05/26/1999 201 Affidavit of Michael L. Iaccarino re: [199-1] opposition response , FILED.(c/s) (cmg) (Entered: 05/27/1999)

05/26/1999 202 Notice of Joinder in and Adoption of SUmmit Defts' Opposition to Pltfs' May 5, 1999 Motion for Leave to Amend by Smith Barney, Inc. in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 05/27/1999)

05/26/1999 203 Response by David F. Muller in 1:96-cv-11589 in opposition to [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , filed. (cmg) (Entered: 06/03/1999)

06/01/1999 204 Order of Special Master David Berman in 1:96-cv-11589 entered granting [198-1] motion for leave to file 25 Page Brief in Opposition to Pltf's May 5, 1999 Motion for Leave to Amend . Hearing on motion to amaend to be held on 6/18/99 at 10:00 a.m. in Courtroom #6, FILED. [EOD Date 6/4/99] (cmg) (Entered: 06/04/1999)

06/03/1999 205 Order of Special Master David Berman in 1:96-cv-11589 entered . The letter from Pltf's attys dated 6/2/99 is treated as a motion for continuance. Motion is ALLOWED. Hearing on Motion to amend to be held on 6/25/99 at 9:30 a.m. in Courtroom #4 (3rd Floor) [EOD Date 6/7/99] (cmg) (Entered: 06/07/1999)

06/11/1999 207 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , FILED.(c/s) (cmg) (Entered: 06/14/1999)

06/15/1999 208 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltfs' attorney's letter dated 6/11/99 is treated as a motion for leave to file a reply brief. SO treated, the motion is ALLOWED, FILED. [EOD Date 6/17/99] (cmg) (Entered: 06/17/1999)

06/23/1999 210 Reply by Summit Technology in 1:96-cv-11589 to response to [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , FILED.(c/s) (cmg) (Entered: 06/25/1999)

06/23/1999 211 STIPULATION (Motion) by Summit Technology in 1:96-cv-11589, to Take Additional Depositions , FILED.(c/s) (cmg) (Entered: 06/25/1999)

06/23/1999 212 Joint motion by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 to extend time to 9/17/99 to complete discovery , FILED.(c/s) (cmg) (Entered: 06/25/1999)

06/24/1999 209 Order of Special Master David Berman in 1:96-cv-11589 entered re: depositions,

FILED. [EOD Date 6/24/99] (cmg) (Entered: 06/24/1999)

06/24/1999 213 Response by G. Richard Pearl in 1:96-cv-11589 to Summit Defts' Sur-Reply Regarding Pltfs' Motion to Amend the Complaint, FILED.(c/s) (cmg) (Entered: 06/25/1999)


06/25/1999 217 Order of Special Master David Berman in 1:96-cv-11589 entered granting [217-1] joint motion to extend time to 9/17/99 to complete discovery , FILED.(cc/cl) [EOD Date 7/8/99] (cmg) (Entered: 07/08/1999)

06/28/1999 214 Order of Special Master David Berman in 1:96-cv-11589 entered re: future filings to comply with all local rules, FILED.(cc/cl) [EOD Date 7/1/99] (cmg) (Entered: 07/01/1999)

06/30/1999 216 Order of Special Master David Berman in 1:96-cv-11589, Special Master David Berman in 1:96-cv-11633, Special Master David Berman in 1:96-cv-11647, Special Master David Berman in 1:96-cv-11648, Special Master David Berman in 1:96-cv-11664, Special Master David Berman in 1:96-cv-11731, Special Master David Berman in 1:96-cv-11747, Special Master David Berman in 1:96-cv-11809, Special Master David Berman in 1:96-cv-11845, Special Master David Berman in 1:96-cv-11899, Special Master David Berman in 1:96-cv-11969, Special Master David Berman in 1:96-cv-11976, Special Master David Berman in 1:96-cv-11977, Special Master David Berman in 1:96-cv-12044 entered: All cases consolidated w/lead case being 96-11589-JLT. (consolidated cases to be terminated for statistical purposes) [EOD Date 7/6/99] (cmg) (Entered: 07/06/1999)

07/01/1999 215 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action , FILED.(c/s) (cmg) (Entered: 07/02/1999)

07/07/1999 218 Response by Summit Technology in 1:96-cv-11589 in opposition to [215-1] support memorandum , FILED.(c/s) (cmg) (Entered: 07/08/1999)

07/09/1999 219 Response to [216-1] order by Summit Technology in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 07/12/1999)

07/09/1999 220 Memorandum by Summit Technology in 1:96-cv-11589 in opposition to Pltf's 5/5/99 Motion for Leave to Amend, FILED.(c/s) (cmg) (Entered: 07/12/1999)

07/09/1999 221 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [220-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 07/13/1999)

07/09/1999 222 Order of Special Master David Berman in 1:96-cv-11589 entered: Transcript of hearing held on 6/25/99 to be filed with the Special Master, FILED.D [EOD Date 7/13/99] (cmg) (Entered: 07/13/1999)

07/14/1999 223 Motion by G. Richard Pearl in 1:96-cv-11589 to compel Answers to Deposition Questions and Production of Documents , FILED.(c/s) (cmg) (Entered: 07/16/1999)

07/14/1999 224 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [223-1] motion to compel Answers to Deposition Questions and Production of Documents , FILED.(c/s) (cmg) (Entered: 07/16/1999)

07/28/1999 225 Response by Summit Technology in 1:96-cv-11589 in opposition to [223-1] motion to compel Answers to Deposition Questions and Production of Documents , FILED.(c/s) (cmg) (Entered: 07/29/1999)

07/28/1999 226 Appendix/exhibits by Summit Technology in 1:96-cv-11589 in support of [225-1] opposition response , FILED.(c/s) (cmg) (Entered: 07/29/1999)

08/03/1999 227 Order of Special Master David Berman in 1:96-cv-11589 entered . Motiont o amend the 10-B-5 complaint is allowed inthe following respects (see Order), FILED.(cc/cl) [EOD Date 8/10/99] (cmg) (Entered: 08/10/1999)

08/03/1999 229 Response by David F. Muller in 1:96-cv-11589 in opposition to [223-1] motion to compel Answers to Deposition Questions and Production of Documents , FILED.(c/s) (cmg) (Entered: 08/12/1999)

08/03/1999 230 Notice of Name Change of law firm of by David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 08/12/1999)

08/11/1999 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [223-1] motion to compel Answers to Deposition Questions and Production of Documents , FILED.(c/s) (cmg) (Entered: 08/12/1999)

08/11/1999 228 Request (non motion) Leave to File Reply Memorandum filed. (cmg) (Entered: 08/12/1999)

08/20/1999 236 Response by Summit Technology in 1:96-cv-11589 to [159-1] motion for leave to file reply memorandum in support of motion to compel , filed. (cmg) (Entered: 08/24/1999)


08/20/1999 238 Order of Special Master David Berman in 1:96-cv-11589 entered: On 8/27/99 at 11:00 the Special master will conduct a telephone hearing on Pltfs' Motion to Compel Answers to Dep. questions and prod. of docs, FILED. [EOD Date 8/30/99] (cmg) (Entered: 08/30/1999)

08/23/1999 231 Order of Special Master David Berman in 1:96-cv-11589 entered: The motion to amend the Securities Act complaint is Denied. Pltfs may file an amended 10-B-5 complaint on or before 9/7/99, including only new allegations pertaining to Summit's improperly recognized revenue in its third quarter 1995 financial statement and press release. No other new allegations are to be included, FILED.(cc/cl)[EOD Date 8/24/99] (cmg) (Entered: 08/24/1999)

08/23/1999 232 Order of Special Master David Berman in 1:96-cv-11589 entered . The joint motion of all parties for an extension of discovery deadlines is ALLOWED and the discovery deadline is extended to 10/1/99, FILED.(cc/cl) [EOD Date 8/24/99] (cmg) (Entered: 08/24/1999)

08/23/1999 233 Order of Special Master David Berman in 1:96-cv-11589 entered: Hearing on motion to compel is continued to 8/30/99 at 3:00 p.m., FILED.(cc/cl) [EOD Date 8/24/99] (cmg) (Entered: 08/24/1999)

08/23/1999 234 Order of Special Master David Berman in 1:96-cv-11589 entered . Pltfs' motion for leave to file reply memorandum in support of their motion to compel production is ALLOWED, FILED.(cc/cl) [EOD Date 8/24/99] (cmg) (Entered: 08/24/1999)

08/23/1999 235 Order of Special Master David Berman in 1:96-cv-11589 entered . File of the Summit response to Pltfs' request for leave to file reply is allowed, FILED. [EOD Date 8/24/99] (cmg) (Entered: 08/24/1999)

08/24/1999 Terminated document: granting [237-1] joint motion to extend time to 10/1/99 to complete discovery Requested by cmg. (cmg) (Entered: 08/24/1999)

09/03/1999 239 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [231-1] order re: Motion to file an Amended Complaint, FILED.(c/s) (cmg) (Entered: 09/07/1999)

09/03/1999 240 Motion by G. Richard Pearl in 1:96-cv-11589 for leave to file Objection to Special Master's 8/20/99 Memo and Order FILED.(c/s0 (cmg) (Entered: 09/07/1999)

09/03/1999 241 Affidavit of Jeffry C. Block in 1:96-cv-11589 , re: [239-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 09/07/1999)

09/03/1999 242 Memorandum and Order of Special Master David Berman in 1:96-cv-11589 entered re: Motion to compel. . . If defts Frantzis, Bernfeld and Summit submit affidavits stating no later than 9/15/99, indicating that they do not intend to offer any evidence pertaining to their good faith reliance on advice given by the attys with respect to pre-FDA approval sales, Pltf's motion to compel will be denied. Otherwise, it will be allowed, FILED.(cc/cl) [EOD Date 9/13/99] (cmg) (Entered: 09/13/1999)

09/10/1999 243 Motion by G. Richard Pearl in 1:96-cv-11589 for reconsideration of [242-1] order Regarding the Waiver of Atty-client Communications , FILED.(c/s) (cmg) (Entered: 09/14/1999)

09/13/1999 Terminated document: mooting [159-1] motion for leave to file reply memorandum in support of motion to compel, mooting [155-1] joint motion for leave to file second consolidated amended class action complaints in the exchange act action and the Burke action Requested by ZAL. (cmg) (Entered: 09/13/1999)

09/13/1999 244 Order of Special Master David Berman in 1:96-cv-11589 entered: Defts' opposition, if any, to Pltfs' motion for reconsidertion dated 9/10/99 shall be in the hands of the Special Master no later than 9/21/99, FILED.(cc/cl) [EOD Date 9/14/99] (cmg) (Entered: 09/14/1999)

09/16/1999 245 Order of Special Master David Berman in 1:96-cv-11589 entered: Deft's Motion for enlargement of time to respond to Special Master's Memo and Order to 9/24/99, FILED. [EOD Date 9/23/99] (cmg) (Entered: 09/23/1999)

09/20/1999 246 Response by David F. Muller in 1:96-cv-11589 in opposition to [240-1] motion for leave to file Objection to Special Master's 8/20/99 Memo and Order , FILED.(c/s0 (cmg) (Entered: 09/23/1999)

09/21/1999 251 Response by Smith Barney, Inc. in 1:96-cv-11589 in opposition to [250-1] opposition response , FILED.(c/s) (cmg) (Entered: 09/27/1999)

09/22/1999 248 Order of Special Master David Berman in 1:96-cv-11589 entered: Deft Muller's Motion for Enlargement of Time to Oppose Pltf's Motion for Partial REconsideration is ALLOWED, FILED. [EOD Date 9/27/99] (cmg) (Entered: 09/27/1999)

09/22/1999 249 Joint motion by G. Richard Pearl in 1:96-cv-11589 to extend time to 10/1/99 for Fact Discovery Cut-Off Date , FILED.(c/s) . (cmg) (Entered: 09/27/1999)

09/22/1999 250 Response by Summit Technology in 1:96-cv-11589 in opposition to [240-1] motion for leave to file Objection to Special Master's 8/20/99 Memo and Order , FILED.(c/s) (cmg) (Entered: 09/27/1999)

09/24/1999 247 Joint motion by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 to extend time to 10/1/99 for Fact Discovery Cut-off Date , FILED.(c/s) (cmg) (Entered: 09/24/1999)

09/24/1999 252 Response by David F. Muller in 1:96-cv-11589 in opposition to [243-1] motion for reconsideration of [242-1] order Regarding the Waiver of Atty-client Communications , FILED.(c/s) (cmg) (Entered: 09/27/1999)

09/27/1999 254 Order of Special Master David Berman in 1:96-cv-11589 entered: ON 10/4/99, the Special Master will conduct a telephone hearing on Pltfs' Motion for Partial Reconsideration of the Order dated 9/3/99, FILED.(cc/cl) [EOD Date 10/4/99] (cmg) (Entered: 10/04/1999)

09/27/1999 258 Order of Special Master David Berman in 1:96-cv-11589 entered denying [223-1] motion to compel Answers to Deposition Questions and Production of Documents, FILED.(cc/cl) [EOD Date 10/5/99] (cmg) (Entered: 10/05/1999)

09/29/1999 255 Motion of Non-party KPMG LLP to Enforce Specil Master's Limiting Order and For Protective Order to Prohibit the Deposition of David Kane , with memorandum in support, FILED.(c/s) (cmg) (Entered: 10/04/1999)

09/29/1999 256 Affidavit of David Kane re: [255-1] motion to Enforce Special Master's Limiting Order and For Protective Order to Prohibit the Deposition of David Kane , FILED.(c/s0 (cmg) (Entered: 10/04/1999)

09/29/1999 257 Letter by David Berman in 1:96-cv-11589 dated: 9/27/99 to: Clerk re: enclosing corrected pages to memo and Order dated 9/3/99, FILED. (cmg) (Entered: 10/05/1999)

10/01/1999 253 Motion by KPMG (non-party) to quash Deposition Subpoena , or in the alternative to stay Deposition of Alfred Woollacott , FILED.(c/s0 (cmg) (Entered: 10/04/1999)

10/01/1999 259 Order of Special Master David Berman in 1:96-cv-11589 entered: Hearing on Pltf's motion for reconsideration sched. for 10/4/99 is resched. to 10/14/99 at 4:30 p.m., FILED.(cc/cl) [EOD Date 10/5/99] (cmg) (Entered: 10/05/1999)

10/05/1999 261 Motion by G. Richard Pearl in 1:96-cv-11589 to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 and to Extend the Discovery Cut-Off Date , FILED.(c/s) (cmg) (Entered: 10/12/1999)

10/05/1999 262 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [261-1] motion to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 and to Extend the Discovery Cut-Off Date , FILED.(c/s) (cmg) (Entered: 10/12/1999)

10/06/1999 260 Order of Special Master David Berman in 1:96-cv-11589 entered: Defts' opposition to Pltfs' motion to extend and compel dated 10/5/99 shall be filed by 10/14/99, FILED. [EOD Date 10/8/99] (cmg) (Entered: 10/08/1999)

10/07/1999 265 Motion by G. Richard Pearl in 1:96-cv-11589 for leave to file Reply Memorandum In Further Support of Their Objections , FILED.(c/s) (cmg) (Entered: 10/12/1999)

10/07/1999 266 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to the Special Master's August 20, 1999 Order, FILED.(c/s) (cmg) (Entered: 10/12/1999)

10/08/1999 263 Motion by G. Richard Pearl in 1:96-cv-11589 to extend time to 10/29/99 for discovery cutoff date , FILED.(c/s0 (cmg) (Entered: 10/12/1999)

10/08/1999 264 Motion by G. Richard Pearl in 1:96-cv-11589 to Resume depositions of Defts Muller, Bhatt and Traskos , FILED.(c/s) (cmg) (Entered: 10/12/1999)

10/12/1999 267 Response by G. Richard Pearl in 1:96-cv-11589 to Defts' Motion to Extend Fact Discovery Cut-Off Date, FILED.(c/s) (cmg) (Entered: 10/13/1999)

10/12/1999 268 Motion by Summit Technology in 1:96-cv-11589 to extend time to 10/22/99 to complete fact discovery , FILED.(c/s) (cmg) (Entered: 10/13/1999)

10/13/1999 269 Response by Summit Technology in 1:96-cv-11589 in opposition to [263-1] motion to extend time to 10/29/99 for discovery cutoff date , FILED.(c/s) (cmg) (Entered: 10/18/1999)

10/13/1999 270 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [255-1] motion to Enforce Specil Master's Limiting Order and For Protective Order to Prohibit the Deposition of David Kane , FILED.(c/s) (cmg) (Entered: 10/18/1999)

10/14/1999 271 Response by Summit Technology in 1:96-cv-11589 in opposition to [261-1] motion to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 and to Extend the Discovery Cut-Off Date , FILED.(c/s) (cmg) (Entered: 10/18/1999)

10/14/1999 272 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [253-1] motion to quash Deposition Subpoena, [253-2] motion to stay Deposition of Alfred Woollacott , FILED.(c/s) (cmg) (Entered: 10/18/1999)

10/15/1999 273 Derivative Pltf's Motion to amend Amend Complaint and Add Party Deft , FILED.(c/s) (cmg) (Entered: 10/18/1999)

10/15/1999 274 Order of Special Master David Berman in 1:96-cv-11589 entered . KPMG Peat Marwick's motion to quash will be heard at 11:00 a.m. on 10/22/99 by telephone, FILED. [EOD Date 10/18/99] (cmg) (Entered: 10/18/1999)

10/18/1999 275 Motion by Jerry L. West in 1:96-cv-11589 to Allow Prompt Filing of Motion to Add Party , FILED.(c/s) (cmg) (Entered: 10/19/1999)

10/18/1999 276 Statement of counsel filed by Jerry L. West in 1:96-cv-11589 , Re: Local Rule 15.1

statement, FILED.(c/s) (cmg) (Entered: 10/19/1999)

10/18/1999 277 Certificate of service by Jerry L. West in 1:96-cv-11589 re: [275-1] motion to Allow Prompt Filing of Motion to Add Party , filed. (cmg) (Entered: 10/19/1999)

10/19/1999 278 Order of Special Master David Berman in 1:96-cv-11589 entered granting [243-1] motion for reconsideration of [242-1] order Regarding the Waiver of Atty-client Communications, FILED.(cc/cl) [EOD Date 10/19/99] (cmg) (Entered: 10/19/1999)

10/22/1999 280 Order of Special Master David Berman in 1:96-cv-11589 entered re: Depositions, FILED.(cc/cl) [EOD Date 10/26/99] (cmg) (Entered: 10/26/1999)

10/22/1999 283 Order of Special Master David Berman in 1:96-cv-11589 entered: Unless Pltfs submit a proposed Order to the Special Mstter on or before 10/25/99 at 5:00 p.m. the order proosed by the Summit Defts with their attys' letter dated 10/22/99 will be entered, FILED.(cc/cl) [EOD Date 10/28/99] (cmg) (Entered: 10/28/1999)

10/25/1999 279 Response by Summit Technology in 1:96-cv-11589 in opposition to [264-1] motion to Resume depositions of Defts Muller, Bhatt and Traskos , FILED.(c/s) (cmg) (Entered: 10/26/1999)

10/25/1999 281 Response by David F. Muller in 1:96-cv-11589 in opposition to [264-1] motion to Resume depositions of Defts Muller, Bhatt and Traskos , FILED.(c/s) (cmg) (Entered: 10/26/1999)

10/25/1999 282 Secnd Amended and Consolidated Class Action complaint by G. Richard Pearl in 1:96-cv-11589 filed. (Answer due 11/4/99 for Piper Jaffray Inc., for Morgan Stanley & Co., for Bear, Stearns, for Smith Barney, Inc., for Richard M. Traskos, for John A. Norris, for Richard F. Miller, for Jeffrey A. Bernfeld, for John G. Frantzis, for Peter E. Litman, for Kimberly A. Doney, for Rajiv P. Bhatt, for David F. Muller, for John G. Frantzis, for Peter E. Litman, for Kimberly A. Doney, for Rajiv P. Bhatt, for David F. Muller, for Summit Technology ) . Amended complaint amends [24-1] amended complaint, FILED. . (cmg) (Entered: 10/26/1999)

10/25/1999 284 Motion by KPMG LLP in 1:96-cv-11589 for leave to file Reply Brief , FILED.(c/s) (cmg) (Entered: 11/01/1999)

10/25/1999 285 Reply by KPMG LLP in 1:96-cv-11589 to response to [253-1] motion to quash Deposition Subpoena , filed. (cmg) (Entered: 11/01/1999)

10/26/1999 286 Order of Special Master David Berman in 1:96-cv-11589 entered denying [253-1] motion to quash Deposition Subpoena . [EOD Date 11/1/99] (cmg) (Entered: 11/01/1999)

11/01/1999 287 Response by David F. Muller in 1:96-cv-11589 in opposition to [273-1] motion to amend Amend Complaint and Add Party Deft , FILED.(c/s) (cmg) (Entered: 11/01/1999)

11/01/1999 289 Response by Summit Technology in 1:96-cv-11589 in opposition to [273-1] motion to amend Amend Complaint and Add Party Deft , FILED.(c/s) (cmg) (Entered: 11/04/1999)

11/01/1999 291 Order of Special Master David Berman in 1:96-cv-11589 entered: Letter from counsel for KPMG Peat Marwick is treated as a motion for reconsideration, to be heard by telephone at 12:00 noon on 11/2/99. [EOD Date 11/4/99] (cmg) (Entered: 11/04/1999)

11/02/1999 290 Order of Special Master David Berman in 1:96-cv-11589 entered: Motion of David Muller for enlargment of time is Allowed, FILED.(cc/cl) [EOD Date 11/4/99] (cmg) (Entered: 11/04/1999)

11/02/1999 292 Reply by Jerry L. West in 1:96-cv-11589 to response to [264-1] motion to Resume depositions of Defts Muller, Bhatt and Traskos , FILED.(c/s) (cmg) (Entered: 11/04/1999)

11/03/1999 288 Judge Joseph L. Tauro . Notice of Hearing/conference: Motion hearing before Judge Joseph L. Tauro set for 11:00 11/22/99 for [240-1] motion for leave to file Objection to Special Master's 8/20/99 Memo and Order , FILED.(cc/cl) (cmg) (Entered: 11/04/1999)

11/03/1999 294 Order of Special Master David Berman in 1:96-cv-11589 entered: Motion to resume depositions will be heard by telephone on 11/16/99 at 4:00 p.m., FILED. [EOD Date 11/5/99] (cmg) (Entered: 11/05/1999)

11/03/1999 295 Order of Special Master David Berman in 1:96-cv-11589 entered re: KPMG's Motion for reconsisderation of the Memo and Order dated 10/26/99, FILED. [EOD Date 11/5/99] (cmg) (Entered: 11/05/1999)

11/04/1999 293 Letter by Kevin J. Lesinski in 1:96-cv-11589 dated: 10/29/99 to: Special Master David Berman re: depositions FILED.(c/s) (cmg) (Entered: 11/04/1999)

11/04/1999 296 Order of Special Master David Berman in 1:96-cv-11589 entered mooting [261-1] motion to compel the Production of Documents Pursuant to FRCP 37 and Local Rule 37.1 and to Extend the Discovery Cut-Off Date, FILED. [EOD Date 11/5/99] (cmg) (Entered: 11/05/1999)

11/05/1999 297 Motion by Summit Technology in 1:96-cv-11589 to dismiss That Portion of Pltfs' Second Amended and Conslidated Class Action Complaint as Relates to Third Quarter 1995 Equipment Sales , FILED.(c/s) (cmg) (Entered: 11/09/1999)

11/05/1999 298 Memorandum by Summit Technology in 1:96-cv-11589 in support of [297-1] motion to dismiss That Portion of Pltfs' Second Amended and Conslidated Class Action Complaint as Relates to Third Quarter 1995 Equipment Sales , FILED.(c/s) (cmg) (Entered: 11/09/1999)

11/05/1999 299 Motion by David F. Muller in 1:96-cv-11589 to extend time to 11/12/99 to respond to second amended Complaint , FILED.(c/s) (cmg) (Entered: 11/09/1999)

11/05/1999 300 Answer by Summit Technology in 1:96-cv-11589 to Second amended complaint, FILED.(c/s) (cmg) (Entered: 11/09/1999)

11/05/1999 301 Order of Special Master David Berman in 1:96-cv-11589 entered . Hearing rescheduled to 11/12/99 at 10:30 a.m. re: Motion to resume depositions, FILED.(c/s) [EOD Date 11/9/99] (cmg) (Entered: 11/09/1999)

11/08/1999 302 Affidavit of David F. Muller in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered:

11/09/1999)

11/08/1999 303 Order of Special Master David Berman in 1:96-cv-11589 entered . Deft Muller is given until 11/12/99 to answer second amended complaint, FILED. [EOD Date 11/9/99] (cmg) (Entered: 11/09/1999)

11/09/1999 304 Order of Special Master David Berman in 1:96-cv-11589 entered: Special Master is willing to hear, on 11/12/99, immediately after the hearing on derivative Plts' motion to resume depositions, Defts' Motion to Dismiss, FILED.(cc/cl) [EOD Date 11/12/99] (cmg) (Entered: 11/12/1999)

11/12/1999 306 Motion by David F. Muller in 1:96-cv-11589 to dismiss That Portiono f Pltfs' Second Amended and consolidated Class Action Complaint as Relates to Third Quarter 1995 Equipment Sales , FILED.(c/s) (cmg) (Entered: 11/15/1999)

11/12/1999 307 LImited Answer and Affirmative Defefnses by David F. Muller in 1:96-cv-11589 to Second amended complaint, FILED.(c/s) (cmg) (Entered: 11/15/1999)

11/12/1999 308 Motion by David F. Muller in 1:96-cv-11589 for leave to file Sur-Reply to the Derivative Pltf's Reply Memorandum In Support of Its Motion to resume Depositions of Defts Muller, Bhatt & Traskos , FILED.(c/s0 (cmg) (Entered: 11/15/1999)

11/12/1999 309 Sur reply by David F. Muller in 1:96-cv-11589 to reply to [264-1] motion to Resume depositions of Defts Muller, Bhatt and Traskos, FILED.(c/s) (cmg) (Entered: 11/15/1999)

11/15/1999 Special Master David Berman Endorsed Order entered granting [308-1] motion for leave to file Sur-Reply to the Derivative Pltf's Reply Memorandum In Support of Its Motion to resume Depositions of Defts Muller, Bhatt & Traskos . [EOD Date 11/15/99] (cmg) (Entered: 11/15/1999)

11/17/1999 310 Order of Special Master David Berman in 1:96-cv-11589 entered granting [284-1] motion for leave to file Reply Brief, FILED.(cc/cl) [EOD Date 11/18/99] (cmg) (Entered: 11/18/1999)

11/17/1999 311 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [243-1] motion for reconsideration of [242-1] order Regarding the Waiver of Atty-client Communications , filed. (cmg) (Entered: 11/18/1999)

11/17/1999 319 Response by David F. Muller in 1:96-cv-11589 in opposition to Derivative Pltfs' Draft Order, FILED.(c/s) (cmg) (Entered: 11/22/1999)

11/18/1999 312 Motion by Jerry L. West in 1:96-cv-11589 for leave to file Reply Memorandum , FILED.(c/s) (cmg) (Entered: 11/18/1999)

11/18/1999 313 Reply by Jerry L. West in 1:96-cv-11589 to response to [275-1] motion to Allow Prompt Filing of Motion to Add Party FILED.(c/s) (cmg) (Entered: 11/18/1999)

11/18/1999 314 Motion by Summit Technology in 1:96-cv-11589 for leave to file Supplemental Memorandum in Oppos. to Pltfs' Motion to Object to the Special Master's August 20, 1999 Memorandum and Order , FILED.(c/s) (cmg) (Entered: 11/19/1999)

11/18/1999 315 Memorandum by Summit Technology in 1:96-cv-11589 in opposition to Pltfs' Motion to Object to the Special Master's August 20, 1999 Memorandum and Order,

FILED.(c/s) (cmg) (Entered: 11/19/1999)

11/19/1999 317 Motion by David F. Muller in 1:96-cv-11589 to Join in Summit Defts' Motion to File a Supplemental Memroandum in Oppos. to Pltfs' Motion to Object to the Special Master's August 20, 1999 Memorandum and Order , FILED.(c/s) (cmg) (Entered: 11/22/1999)

11/19/1999 318 Motion by David F. Muller in 1:96-cv-11589 To Join in the Summit Defts' Supplemental Memorandum In Oppos. to Pltfs' Motion to Object to the Special Master's August 20, 1999 Memorandum and Order , FILED.(c/s) (cmg) (Entered: 11/22/1999)

11/19/1999 320 STIPULATION (Motion) by Scott Burke in 1:96-cv-11589, for leave to file Pltf's Memorandum in Support of Motionf or S/J in Excess of 20 Pages , FILED.(c/s) (cmg) (Entered: 11/22/1999)

11/19/1999 321 Motion by Scott Burke in 1:96-cv-11589 for summary judgment , FILED.(c/s) (cmg) (Entered: 11/22/1999)

11/19/1999 322 Statement of Facts by Scott Burke in 1:96-cv-11589 re: [321-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 11/22/1999)

11/19/1999 323 Memorandum by Scott Burke in 1:96-cv-11589 in support of [321-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 11/22/1999)

11/19/1999 330 Order of Special Master David Berman in 1:96-cv-11589 entered denying [264-1] motion to Resume depositions of Defts Muller, Bhatt and Traskos, FILED. [EOD Date 11/30/99] (cmg) (Entered: 11/30/1999)

11/22/1999 316 SEALED DOCUMENT placed in vault. (cmg) (Entered: 11/22/1999)

11/22/1999 324 Judge Joseph L. Tauro . Order entered: Pltfs' objections to Special Master David Berman's August 20, 1999 Memo and Order are OVERRULED. The parties shall complete liability discovery by 2/29/00. Pltfs shall submit expert affidavits by 2/29/00. Defts shall submit expert affidavits by 3/31/00. set pretrial conference for 10:30 4/12/00 before Judge Joseph L. Tauro . [EOD Date 11/23/99] (cmg) (Entered: 11/23/1999)

11/22/1999 325 Reply by Summit Technology in 1:96-cv-11589 to response to [297-1] motion to dismiss That Portion of Pltfs' Second Amended and Conslidated Class Action Complaint as Relates to Third Quarter 1995 Equipment Sales , FILED.(c/s) (cmg) (Entered: 11/23/1999)

11/22/1999 Motion hearing re: [321-1] motion for summary judgment (cmg) (Entered: 12/02/1999)

11/22/1999 332 Judge Joseph L. Tauro . Clerk's Notes: re: motion hearing. Conference held on motion objecting to Master's order. Order will stand. Liability discovery to be completed by 12/31/99. Pltf's expert affidavits to be filed by 2/29/00. Defts to file expert affidavits by 3/31/00. A final pretrial will be held on 4/12/00 at 10:30 a.m. set pretrial conference for 10:30 4/12/00 before Judge Joseph L. Tauro Court Reporter: C. Scott (cmg) (Entered: 12/02/1999)

11/22/1999 334 Order of Special Master David Berman in 1:96-cv-11589 entered: Accordingly, on

11/23/99, the Special Master will hear only Derivative Pltf's motion to amend. If pltfs fail to file an amended complaint in accordance with this order, the pending motion to dismiss will be rescheduled for prompt hearing, FILED.(cc/cl) [EOD Date 12/2/99] (cmg) (Entered: 12/02/1999)

11/22/1999 335 Order of Special Master David Berman in 1:96-cv-11589 entered: The faxed letter from Pltf's atty. dated 11/22/99 is treated as a motion for reconsideration of the order denying the motion to reopen the depositions of Mr. Bhatt and Dr. Muller. So treated, the motion will be heard on 11/23/99, FILED.(cc/cl) [EOD Date 12/2/99] (cmg) (Entered: 12/02/1999)

11/24/1999 327 Order of Special Master David Berman in 1:96-cv-11589 entered: If Pltfs' claim for the allegedly fraudulent recognition of revenue from "sales" of four lasers survives a motion to dismiss, Pltfs, prior to 1/1/00, may regarding only these sales, re-depose Defts Bhatt and Muller for no more than two hours each, FILED.(cc/cl) [EOD Date 11/30/99] (cmg) (Entered: 11/30/1999)

11/24/1999 328 Order of Special Master David Berman in 1:96-cv-11589 entered denying [273-1] motion to amend Amend Complaint and Add Party Deft, FILED.(cc/cl) [EOD Date 11/30/99] (cmg) (Entered: 11/30/1999)

11/24/1999 329 Order of Special Master David Berman in 1:96-cv-11589 entered re: Memorandum and Order denying the motion to amend and add a party, FILED. [EOD Date 11/30/99] (cmg) (Entered: 11/30/1999)

11/29/1999 326 Order of Special Master David Berman in 1:96-cv-11589 entered . Motion to amend paragraphs 90-92 of the complaint to be heard on 12/13/99 at 10:00 a.m. at the offices of Hutchins, Wheeler & Dittmar, FILED. [EOD Date 11/30/99] (cmg) (Entered: 11/30/1999)

11/29/1999 331 Third Amended and Consolidated Class Action Complaint by G. Richard Pearl in 1:96-cv-11589 filed. (Answer due 12/9/99 for Piper Jaffray Inc., for Morgan Stanley & Co., for Bear, Stearns, for Smith Barney, Inc., for Richard M. Traskos, for John A. Norris, for Richard F. Miller, for Jeffrey A. Bernfeld, for John G. Frantzis, for Peter E. Litman, for Kimberly A. Doney, for Rajiv P. Bhatt, for David F. Muller, for John G. Frantzis, for Peter E. Litman, for Kimberly A. Doney, for Rajiv P. Bhatt, for David F. Muller, for Summit Technology ) . Amended complaint amends [282-1] amended complaint, FILED. (cmg) (Entered: 11/30/1999)

11/30/1999 333 Judge Joseph L. Tauro . Order entered: Pltfs' objections to the Special Mster's 8/20/99 Memo and Order (#231) are OVERRULED. Parties to complete liability discovery by 12/31/99. Pltfs shall submit expert affidavits by 2/20/00. Defts shall submit expert affidavits by 3/31/00. Final pretrial conf. on 4/12/00 at 10:30 a.m. [EOD Date 12/2/99] (cmg) (Entered: 12/02/1999)

12/02/1999 336 Order of Special Master David Berman in 1:96-cv-11589 entered: The time for Defts to supplement their brief in support of their motion to dismiss is extended to 12/6/99, FILED.(cc/cl) [EOD Date 12/6/99] (cmg) (Entered: 12/06/1999)

12/06/1999 337 Objection by Jerry L. West in 1:96-cv-11589 re: [329-1] Special Master's Memorandum and Order denying Motion to add party defendant and amend complaint, filed. c/s (mr) (Entered: 12/08/1999)

12/06/1999 338 Affidavit of David J. Fine in 1:96-cv-11589 , re: [337-1] objection to Special Master's memorandum and order, filed. (mr) (Entered: 12/08/1999)

12/06/1999 339 Memorandum by Summit Technology in 1:96-cv-11589 in support of [306-1] motion to dismiss That Portiono f Pltfs' Second Amended and consolidated Class Action Complaint as Relates to Third Quarter 1995 Equipment Sales , filed. c/s (mr) (Entered: 12/08/1999)

12/10/1999 340 Class Plaintiffs' Supplemental Opposition in 1:96-cv-11589 to [243-1] motion for reconsideration of [242-1] order of 8/20/99 with Regard to Improper Revenue Recognition, FILED.(c/s0 (cmg) (Entered: 12/13/1999)

12/16/1999 341 Response by David F. Muller in 1:96-cv-11589 in opposition to [340-1] opposition response , FILED.(c/s) (cmg) (Entered: 12/17/1999)

12/20/1999 342 Response by Summit Technology in 1:96-cv-11589 in opposition to [337-1] Derivative Pltf's objections to Special Mster's Memo and Order Denying Motion to Add Party Deft and Amend Complaint , FILED.(c/s) (cmg) (Entered: 12/21/1999)

12/28/1999 343 Motion by Summit Technology in 1:96-cv-11589 to extend time to 1/31/00 to complete discovery , FILED.(c/s) (cmg) (Entered: 01/03/2000)

12/29/1999 346 Order of Special Master David Berman in 1:96-cv-11589 entered: The letter from Pltfs' atty dated 12/29/99, is treated as a motion to amend. So trated, the motion, which cures sminor and obviously inadvertent omissions in paragraphs 162 and 163 of the third amended complaint, is ALLOWED, FILED.(cc/cl) [EOD Date 1/4/00] (cmg) (Entered: 01/04/2000)

12/29/1999 348 Order of Special Master David Berman in 1:96-cv-11589 entered: Summit's motion to dismiss so much of Count I of the Complaint as alleges improper revenue recognition is DENIED. The individual Defts' motion to dismiss so much of Counts I, II and III as allege improper revenue recognition is ALLOWED, FILED.(cc/cl) [EOD Date 1/4/00] (cmg) (Entered: 01/04/2000)

12/30/1999 344 Motion by Summit Technology in 1:96-cv-11589 to stay the Derivative Action , FILED.(c/s) (cmg) (Entered: 01/03/2000)

12/30/1999 345 Memorandum by Summit Technology in 1:96-cv-11589 in support of [344-1] motion to stay the Derivative Action , FILED.(c/s) (cmg) (Entered: 01/03/2000)

01/03/2000 347 Motion by Summit Technology in 1:96-cv-11589 to extend time for fact discovery , FILED.(c/s) (cmg) (Entered: 01/04/2000)

01/04/2000 349 Letter by Jeffry C. Block in 1:96-cv-11589 dated: 1/4/00 to: Clerk re: enclosing revised paragraphs 162 and 163 of the Third Consolidated Amended Class Action Complaint, FILED.(c/s) (cmg) (Entered: 01/06/2000)

01/04/2000 350 Notice of Joinder in the Summit Defts' Motion to Stay the Derivative Action by David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 01/07/2000)

01/10/2000 351 Motion by Summit Technology in 1:96-cv-11589 for reconsideration of [348-1] order, [346-1] order , FILED.(c/s) (cmg) (Entered: 01/11/2000)

01/11/2000 353 Order of Special Master David Berman in 1:96-cv-11589 entered: Response in Opposition to Defts' Motion for Reconsideration to be filed by 1/21/00,

FILED.(cc/cl). [EOD Date 1/14/00] (cmg) (Entered: 01/14/2000)

01/11/2000 354 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltf's Motion to extend time for serving oppos. to Deft's motion to sever is Allowed and extended to 1/2/00, FILED.(cc/cl) [EOD Date 1/14/00] (cmg) (Entered: 01/14/2000)

01/13/2000 352 Motion by Jerry L. West in 1:96-cv-11589 to extend time to 1/20/00 to Respond to Motion to Stay Derivative Action , FILED.(c/s) (cmg) (Entered: 01/13/2000)

01/13/2000 355 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, to extend time Regarding Pltf's Motion for S/J , FILED.(c/s) (cmg) (Entered: 01/20/2000)

01/20/2000 358 Motion by Jerry L. West in 1:96-cv-11589 to Take Deposition of Defts Muller, Bhatt and Traskos , FILED.(c/s) (cmg) (Entered: 01/25/2000)

01/20/2000 360 Response by Jerry L. West in 1:96-cv-11589 in opposition to [344-1] motion to stay the Derivative Action , FILED.(c/s0 (cmg) (Entered: 01/27/2000)

01/21/2000 357 Order of Special Master David Berman in 1:96-cv-11589 entered: On 2/10/00 at 10:00 a.m. the Special Master will hold a hearing on Defs' Mtoion to sever and Deft's motion for reconsideration, FILED.(cc/cl) [EOD Date 1/25/00] (cmg) (Entered: 01/25/2000)

01/21/2000 359 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [351-1] motion for reconsideration of [348-1] order, [346-1] order , filed. (cmg) (Entered: 01/25/2000)

01/24/2000 356 Order of Special Master David Berman in 1:96-cv-11589 entered denying [264-1] motion to Resume depositions of Defts Muller, Bhatt and Traskos, FILED.(cc/cl) [EOD Date 1/25/00] (cmg) (Entered: 01/25/2000)

01/25/2000 Terminated document: denying [358-1] motion to Take Deposition of Defts Muller, Bhatt and Traskos (see #356) Requested by cmg. (cmg) (Entered: 01/25/2000)

01/31/2000 361 Affidavit of David J. Fine in 1:96-cv-11589 , re: vative Pltf's Objections to Special Mster's Order Denying Derivative Pltf's Renewed Motion to Resume the Depositions of Defts Muller, Bhatt and Traskos, FILED.(c/s) (cmg) (Entered: 02/02/2000)

01/31/2000 362 Objection by Jerry L. West in 1:96-cv-11589 re: [357-1] order , FILED.(c/s0 (cmg) (Entered: 02/02/2000)

02/04/2000 363 Response by Summit Technology in 1:96-cv-11589 in opposition to [321-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 364 STIPULATION by Summit Technology in 1:96-cv-11589, for leave to file brief in excess of 20 pages , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 365 Response by Summit Technology in 1:96-cv-11589 in opposition to [322-1] statement of facts , FILED.(sc/s) (cmg) (Entered: 02/07/2000)

02/04/2000 366 Memorandum by Summit Technology in 1:96-cv-11589 in opposition to [321-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 363 Cross motion by Summit Technology in 1:96-cv-11589 for summary judgment ,

FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 366 Memorandum by Summit Technology in 1:96-cv-11589 in support of [363-1] cross motion for summary judgment , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 367 Affidavit of William J. Connolly III, Esq. Relating to Summmit Defts' Summary Judgment Exhibits re: [366-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 368 Affidavit of William J. Connolly, III, Summit Defts' Summary Judgment Exhibits Volume I Exhibits 1-11 re: [365-1] opposition response , FILED.(c/s0 (cmg) (Entered: 02/07/2000)

02/04/2000 369 Affidavit of William J. Connolly III, Esq. Summit Defts' S/J Exhibits Volume II Exhibits 12-19 re: [366-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 370 Affidavit of William J. Connolly III, Esq., Summit Defts' Summary Judgment Exhibits Volume III Exhibits 20-36 Summit Investor Communications re: [366-1] opposition memorandum , FILED.(c/s0 (cmg) (Entered: 02/07/2000)

02/04/2000 371 Affidavit of William J. Conolly, III, Esq. Summit Defts' S/J Exhibits Volume IV, Exhibits 37-90 re: [366-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 372 Affidavit of William J. Connolly III, Esq., Summit Defts' Summary Judgment Exhibts Volume V Exhibits 91-120, FILED.(c/s0 (cmg) (Entered: 02/07/2000)

02/04/2000 373 Affidavit of William J. Connolly, III, Esq., Summit Defts' S/J Exhibits Volume VI Exhibits 121-127, FILED.(c/s0 (cmg) (Entered: 02/07/2000)

02/04/2000 374 Affidavit of William J. Connolly, III, Esq. Summit Defts' S/J Exhbits Volume VII Exhibits 128-134, FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 375 Affidavit of Irving J. Arons re: [366-1] support memorandum, [366-1] opposition memorandum , FILED.(c/s0 (cmg) (Entered: 02/07/2000)

02/04/2000 376 Affidavit of Michael Moretti re: [366-1] support memorandum, [366-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 377 Affidavit of Derek Bertocci re: [366-1] support memorandum, [366-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 378 Affidavit of Alfred Woollacott III, FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 379 Affidavit of Peter E. Litman re: [366-1] support memorandum, [366-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 380 Affidavit of Rajiv P. Bhatt re: [366-1] support memorandum, [366-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 381 Statement of Facts by Summit Technology in 1:96-cv-11589 re: [363-1] cross motion for summary judgment , FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 382 Notice of Joinder by Smith Barney, Inc. in 1:96-cv-11589 , in Summit Defts Oppos. to Pltfs' Motion for S/J and Cross Motion for S/J, FILED.(c/s) (cmg)

(Entered: 02/07/2000)

02/04/2000 383 Affidavit of Michael J. Neuberger re: [382-1] Joinder of Smith, Barney, FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/04/2000 384 Affidavit of Jonathan H. Cohen re: [382-1] Notice of Joinder by Smith Barney, FILED.(c/s) (cmg) (Entered: 02/07/2000)

02/08/2000 385 Response by David F. Muller in 1:96-cv-11589 to [321-1] motion for summary judgment ; with cross motion for summary judgment , FILED.(c/s) (cmg) (Entered: 02/10/2000)

02/08/2000 386 Motion by David F. Muller in 1:96-cv-11589 for leave to file His oppos. to Pltf's Motion for S/J and Cross Motion for S/J , FILED.(c/s) (cmg) (Entered: 02/10/2000)

02/08/2000 387 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltf to file Motion for S/J w/the Special Master, FILED. [EOD Date 2/11/00] (cmg) (Entered: 02/11/2000)

02/11/2000 388 Replacement Exhibit C to the Affidavit of Irving J. Arons Dated 1/31/00, FILED.(c/s) (cmg) (Entered: 02/11/2000)

02/14/2000 389 Notice of Joinder in the Summit Defts' Oppos. to Derivative Pltf's Objections to Special Master's Order Denying Derivative Pltf's Renewed Motion to Resume the Depositions of Defs Muller, Bhatt, and Traskos by David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 02/15/2000)

02/15/2000 390 Response by Rajiv P. Bhatt in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 in opposition to [359-1] opposition response , FILED.(c/s) (cmg) (Entered: 02/15/2000)

02/16/2000 392 Notice of Subtitute Joinder by Smith Barney, Inc. in and Adoptiono f Summit Defts' Oppos. to Pltfs' Motionfor S/J; Cross Motionf or S/J and Memo in SUpport of Summit Defts' Cross Motion for S/J, FILED.(c/s) (cmg) (Entered: 02/24/2000)

02/23/2000 391 Joint motion by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589 to extend time to 2 weeks to file expert reports , and to continue pretrial conf. , FILED.(c/s) (cmg) (Entered: 02/24/2000)

02/28/2000 393 Notice of change of address filed by Nadeem Farruqi, counsel for Richard Pearl in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 02/29/2000)

03/01/2000 Judge Joseph L. Tauro . Endorsed Order entered granting [391-1] joint motion to extend time to 2 weeks to file expert reports, granting [391-2] joint motion to continue pretrial conf., reset pretrial conference for 10:00 5/15/00 before Judge Joseph L. Tauro , FILED.(cc/cl) [EOD Date 3/2/00] (cmg) (Entered: 03/02/2000)

03/14/2000 394 Motion by Summit Technology in 1:96-cv-11589 for summary judgment On claims Relating to Summit's Ssale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 395 Memorandum by Summit Technology in 1:96-cv-11589 in support of [394-1] motion for summary judgment On claims Relating to Summit's Ssale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered:

03/16/2000)

03/14/2000 396 STIPULATION (Motion) by Summit Technology in 1:96-cv-11589, for leave to file brief in excess , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 397 Statement of Facts by Summit Technology in 1:96-cv-11589 re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 398 Affidavit of Rajiv P. Bhatt in 1:96-cv-11589 , re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 399 First Supplemental Affidavit of William J. Connolly re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 400 Affidavit of Kimberley A. Doney re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , filed. (cmg) (Entered: 03/16/2000)

03/14/2000 401 Affidavit of John G. Frantzis re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 402 Affidavit of Ray H. Krauss re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s0 (cmg) (Entered: 03/16/2000)

03/14/2000 403 Affidavit of Peter E. Litman in 1:96-cv-11589 , re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 404 Affidavit of David F. Muller in 1:96-cv-11589 , re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 405 First Supplemental Affidavit of William J. Connolly, III, Esquire, S/J exhibits Vlume VIII, Exhibits 135-163, re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 406 First Supplemental Affidavit of William J. Connolly, III, Esq., S/J exhbits Volume IX, Exhibits 164-170 re: [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/16/2000)

03/14/2000 407 Order of Special Master David Berman in 1:96-cv-11589 entered denying [351-1] motion for reconsideration of [348-1] order, [346-1] order, FILED.(cc/cl) [EOD Date 3/20/00] (cmg) (Entered: 03/20/2000)

03/20/2000 427 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589 , re: Filing of response to motion for S/J, FILED. (cmg) (Entered:

04/04/2000)

03/22/2000 408 Motion by Smith Barney, Inc. in 1:96-cv-11589 to compel Pltf to Answer First Set of Merits Interrogs , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 409 Memorandum by Smith Barney, Inc. in 1:96-cv-11589 in support of [408-1] motion to compel Pltf to Answer First Set of Merits Interrogs , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 410 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [321-1] motion for summary judgment and in Oppos. to the defts' cross Motions for S/J, FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 411 STIPULATION by Scott Burke in 1:96-cv-11589, l for leave to file Memo in excess of 20 pages , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 412 Affidavit of Leslie R. Stern re: [321-1] motion for summary judgment , and in Opposition to Defts' Cross Motions for S/J, FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 413 Response by Scott Burke in 1:96-cv-11589 in opposition to [397-1] statement of Material Facts, FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 414 Motion by Scott Burke in 1:96-cv-11589 to strike the Affidavit of Michael Moretti , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 415 Memorandum by Scott Burke in 1:96-cv-11589 in support of [414-1] motion to strike the Affidavit of Michael Moretti , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 416 Motion by Scott Burke in 1:96-cv-11589 to strike Affidavit of Jonathan Cohen , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 417 Memorandum by Scott Burke in 1:96-cv-11589 in support of [416-1] motion to strike Affidavit of Jonathan Cohen , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 418 Motion by Scott Burke in 1:96-cv-11589 to strike Affidvit of Irving Arons , FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 419 Memorandum by Scott Burke in 1:96-cv-11589 in support of [418-1] motion to strike Affidvit of Irving Arons , FILED.(c/s0 (cmg) (Entered: 03/23/2000)

03/22/2000 420 Affidavit of Leslie R. Stern in Support of [321-1] motion for summary judgment , and in Opposition to Defts' cross Motions for S/J, VOlume I Exhibits 1-11, FILED.(c/s) (cmg) (Entered: 03/23/2000)

03/22/2000 421 Affidavit of fLeslie R. Stern in Support of [321-1] motion for summary judgment and In Opposition to Defts' cross Motions for S/J, FILED.(c/s) (Volume II, Exhibits 12-18) (cmg) Modified on 03/23/2000 (Entered: 03/23/2000)

03/22/2000 422 Affidavit of Leslie R. Stern in Support of [321-1] motion for summary judgment and in Opposition to Defts' cross Motions for S/J, FILED.(c/s) Volume III Exhibits 19-22 (cmg) (Entered: 03/23/2000)

03/24/2000 423 Notice of Joinder in the Summmit Defts' Motion for S/J on Claims RElating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 by

David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 03/27/2000)

03/27/2000 424 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltfs' Oppos. to Defts' Motion to compel Pltf to Answer First Set of Merits Interrogs should be in the hands of the Special Master no later than 3/29/00, FILED. [EOD Date 3/28/00] (cmg) (Entered: 03/28/2000)

03/28/2000 Terminated document: granting [212-1] joint motion to extend time to 9/17/99 to complete discovery terminating [178-2] motion for sanctions for Defts' Failure to Comply with the Court's Discovery Order Requested by zal. (cmg) (Entered: 03/28/2000)

03/28/2000 426 STIPULATION by Summit Technology in 1:96-cv-11589, to extend time to 4/18/00 to File Oppos. to Defts' Motion for S/J on claims Relating to Summit's Sale of Laser Equipment Between Mid-1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 03/30/2000)

03/29/2000 425 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [408-1] motion to compel Pltf to Answer First Set of Merits Interrogs , FILED.(c/s) (cmg) (Entered: 03/30/2000)

04/03/2000 428 Order of Special Master David Berman in 1:96-cv-11589 entered re: Underwriter Defts' motion to strike, FILED. [EOD Date 4/6/00] (cmg) (Entered: 04/06/2000)

04/07/2000 429 Judge Joseph L. Tauro . Order entered: On all pending motions for S/J, Special Master Dvid Berman shall hear the parties and prepare a report and recommendation to the court. all counsel shall forthwith serve on Mr. Berman legible copies of their summary judgment papers, FILED.(cc/cl) [EOD Date 4/11/00] (cmg) (Entered: 04/11/2000)

04/12/2000 430 Supplemental Affidavit of Jonathan H. Cohen, FILED.(c/s) (cmg) (Entered: 04/14/2000)

04/12/2000 431 Response by Summit Technology in 1:96-cv-11589 in opposition to [418-1] motion to strike Affidvit of Irving Arons , FILED.(c/s) (cmg) (Entered: 04/14/2000)

04/12/2000 432 Answer and Affirmative Defenses by Summit Technology in 1:96-cv-11589 to Third Amended and Consolidated Class Action complaint; jury demand, FILED.(c/s) (cmg) (Entered: 04/14/2000)

04/12/2000 433 Response by Summit Technology in 1:96-cv-11589 in opposition to [418-1] motion to strike Affidvit of Irving Arons, [414-1] motion to strike the Affidavit of Michael Moretti , FILED.(c/s) (cmg) (Entered: 04/14/2000)

04/14/2000 445 Notice of Joinder in the Summit Defts' Opposition to Pltf's Motions to Strike the Affidasvit of Irving Arons and Michael Moretti by David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 04/24/2000)

04/18/2000 434 STIPULATION by G. Richard Pearl in 1:96-cv-11589, for leave to file memo in excess , FILED.(c/s) (cmg) (Entered: 04/20/2000)

04/18/2000 435 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [394-1] motion for summary judgment On claims Relating to Summit's Sale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered:

04/20/2000)


04/18/2000 437 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [397-1] statement of Facts , FILED.(c/s) (cmg) (Entered: 04/20/2000)

04/18/2000 438 Statement of Facts by G. Richard Pearl in 1:96-cv-11589 re: FILED.(c/s) (cmg) (Entered: 04/20/2000)

04/18/2000 439 Affidavit of Jeffry C. Block in 1:96-cv-11589 , re: [437-1] opposition response , (Volume I), FILED.(c/s) (cmg) (Entered: 04/24/2000)

04/18/2000 440 Affidavit of Jeffry C. Block in 1:96-cv-11589 , re: [437-1] opposition response , (Volume II), FILED.(c/s) (cmg) (Entered: 04/24/2000)

04/18/2000 441 Order of Special Master David Berman in 1:96-cv-11589 entered . Pursuant to Judge Tauro's Order dated 4/7/00, counsel shall have all papaers pertaining to any pending motion for S/J in the hands of the Special Master no later than 3:00 p.m. Friday, 4/21/00, FILED.(cc/cl) [EOD Date 4/24/00] (cmg) (Entered: 04/24/2000)

04/19/2000 442 STIPULATION (Motion) by Summit Technology in 1:96-cv-11589, for leave to file Reply Memorandum , FILED.(c/s) (cmg) (Entered: 04/24/2000)

04/19/2000 443 Reply by Summit Technology in 1:96-cv-11589 to response to [394-1] motion for summary judgment On claims Relating to Summit's Ssale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.(c/s) (cmg) (Entered: 04/24/2000)

04/19/2000 444 Objection by G. Richard Pearl in 1:96-cv-11589 re: [429-1] order , FILED.(c/s) (cmg) (Entered: 04/24/2000)

04/21/2000 446 STIPULATION (Motion) by David F. Muller in 1:96-cv-11589, for leave to file Reply MEmo in Oppos. to Pltf's Mtoion for S/J and in SUpport of Muller's cross Motion for S/J , FILED.(c/s) (cmg) (Entered: 04/25/2000)

04/21/2000 447 Reply by David F. Muller in 1:96-cv-11589 to response to [385-2] motion, [363-1] cross motion for summary judgment , filed. (cmg) (Entered: 04/25/2000)

04/21/2000 448 Response by David F. Muller in 1:96-cv-11589 in opposition to [438-1] statement , FILED.(c/s) (cmg) (Entered: 04/25/2000)

04/24/2000 449 Response by Summit Technology in 1:96-cv-11589 in opposition to [444-1] Objection, FILED.(c/s) (cmg) (Entered: 04/25/2000)

04/24/2000 450 Order of Special Master David Berman in 1:96-cv-11589 entered: The Special Master will proceed with reviewe of the S/J documents. He is available for hearing any day the week of May 8-12, 2000. Counsel shall choose a day and time for hearing and inform his secretary of their choice, FILED. [EOD Date 4/28/00] (cmg) (Entered: 04/28/2000)

04/28/2000 451 Motion by G. Richard Pearl in 1:96-cv-11589 for leave to file An Amended Complaint to Conform to the Evidence , FILED.(c/s) (cmg) (Entered: 05/01/2000)

04/28/2000 452 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [451-1] motion for leave to file An Amended Complaint to Conform to the Evidence , FILED.(c/s) (cmg) (Entered: 05/01/2000)

04/28/2000 453 Judge Joseph L. Tauro . Order entered: The Court hereby orders that Pltffs' Objejction (#444) to this Court's April 7, 2000 Order referring all motions for S/J to Special Master David Berman for "Report and Recommendation" is OVERRULED, FILED.(cc/cl) [EOD Date 5/2/00] (cmg) (Entered: 05/02/2000)

05/02/2000 455 Order of Special Master David Berman in 1:96-cv-11589 entered: Defts' Opposition to Pltfs' motion to file a third amended complaint shall be in the hands of the Special Master no later than 5/8/00, FILED.(c/s) [EOD Date 5/8/00] (cmg) (Entered: 05/08/2000)

05/02/2000 457 Notice of Underwriter Defts' Joinder in the Adoption of Summit Defts' Reply Memo in Oppos. to Pltfs' Mtion for S/J and in Support of Their cross Motion for Summary Judgment by Smith Barney, Inc. in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 05/08/2000)

05/03/2000 456 Order of Special Master David Berman in 1:96-cv-11589 entered: On further reviewe the order dated 4/24/00 is VACATED (see Order for details), FILED.(cc/cl) [EOD Date 5/8/00] (cmg) (Entered: 05/08/2000)

05/04/2000 454 Judge Joseph L. Tauro . Order entered: With reference to this Court's April 7, 2000 Order referring all motions for S/J to Special Master David Berman, the Court further orders that the parties shall file written objections within two weeks of the issuance of his report and recommendation, FILED.(cc/cl) [EOD Date 5/5/00] (cmg) (Entered: 05/05/2000)

05/08/2000 458 Notice of Underwriter Defts' Joinder In and Adoption of Summit Defts' Oppos. to Pltf's Mtoion for Leave to FIle an Amended Complaint to Conform to the Evidence by Smith Barney, Inc. in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/08/2000 459 Notice of Joinder in the Summit Defts' Opposition to Pltf's Mtoion for Leve to FIle an Amended Complaint to Conform to the Evidence by David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/08/2000 460 Response by Summit Technology in 1:96-cv-11589 in opposition to [451-1] motion for leave to file An Amended Complaint to Conform to the Evidence , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/09/2000 464 Motion by Smith Barney, Inc. in 1:96-cv-11589 to compel Pltf to Answer First Set of Interrogs , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/09/2000 465 Memorandum by Smith Barney, Inc. in 1:96-cv-11589 in support of [464-1] motion to compel Pltf to Answer First Set of Interrogs , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/09/2000 467 Statement of counsel filed by G. Richard Pearl in 1:96-cv-11589 , Re: Scheduling S/J and Other Related Motions, FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/10/2000 461 Reply by Summit Technology in 1:96-cv-11589 to response to [394-1] motion for summary judgment On claims Relating to Summit's Ssale of Laser Equipment Between Mid 1992 and October 20, 1995 , FILED.9sc/s) (cmg) (Entered:

05/12/2000)

05/10/2000 462 Second Supplemental Affidavit of William J. Connolly III in 1:96-cv-11589 , re: Summit Defts' S/J Exhibits, FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/10/2000 466 Reply by Scott Burke in 1:96-cv-11589 to response to [321-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/10/2000 468 Order of Special Master David Berman in 1:96-cv-11589 entered : Deft Muller's request for extension of time to file reply brief is allowed until 5/11/00, FILED. [EOD Date 5/12/00] (cmg) (Entered: 05/12/2000)

05/11/2000 463 Order of Special Master David Berman in 1:96-cv-11589 entered, FILED.(cc/cl) [EOD Date 5/12/00] (cmg) (Entered: 05/12/2000)

05/11/2000 472 Order of Special Master David Berman in 1:96-cv-11589 entered: The letter from Counsel for Deft Muller dated 5/10/00 to extent time until 5/16/00 to file a reply brief is Allowed, FILED.(cc/cl) [EOD Date 5/15/00] (cmg) (Entered: 05/15/2000)

05/11/2000 473 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltfs' oppos. to Underwriter Defts' Renewed motion to compel Pltf to answer interrogs shall be filed with the Special Master by 5/19/00 at 5:00 p.m., FILED.(cc/cl) [EOD Date 5/15/00] (cmg) (Entered: 05/15/2000)

05/12/2000 469 Motion by G. Richard Pearl in 1:96-cv-11589 to strike [462-1] certain exhibits in affidavit , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/12/2000 470 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [469-1] motion to strike [462-1] certain exhibits in affidavit , FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/12/2000 471 Letter by G. Richard Pearl in 1:96-cv-11589 by Jeffry C. Block in 1:96-cv-11589 dated: 5/12/00 to: clerk re: enclosing corrected first page to Pltf's Sur-Reply Memorandum in Further Support of His Motion for S/J and In Oppos. to Defts' cross Motion for S/J, FILED.(c/s) (cmg) (Entered: 05/12/2000)

05/15/2000 474 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [451-1] motion for leave to file An Amended Complaint to Conform to the Evidence , FILED.(c/s) (cmg) (Entered: 05/16/2000)

05/15/2000 475 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [469-1] motion to strike [462-1] certain exhibits in affidavit , FILED.(sc/s) (cmg) (Entered: 05/16/2000)

05/16/2000 476 Reply by David F. Muller in 1:96-cv-11589 to response to [385-2] motion , FILED.(c/s) (cmg) (Entered: 05/22/2000)

05/18/2000 Terminated document: mooting [249-1] joint motion to extend time to 10/1/99 for Fact Discovery Cut-Off Date, mooting [240-1] motion for leave to file Objection to Special Master's 8/20/99 Memo and Order Requested by cmg. (cmg) (Entered: 05/18/2000)

05/19/2000 Terminated document: mooting [263-1] motion to extend time to 10/29/99 for discovery cutoff date, mooting [265-1] motion for leave to file Reply Memorandum In Further Support of Their Objections mooting [347-1] motion to extend time for fact discovery, mooting [343-1] motion to extend time to 1/31/00 to complete

discovery, granting [312-1] motion for leave to file Reply Memorandum, granting [314-1] motion for leave to file Supplemental Memorandum in Oppos. to Pltfs' Motion to Object to the Special Master's August 20, 1999 Memorandum and Order, mooting [299-1] motion to extend time to 11/12/99 to respond to second amended Complaint Requested by cmg. (cmg) (Entered: 05/19/2000)

05/19/2000 Terminated document: granting [386-1] motion for leave to file His oppos. to Pltf's Motion for S/J and Cross Motion for S/J, mooting [352-1] motion to extend time to 1/20/00 to Respond to Motion to Stay Derivative Action, mooting [355-1] stipulation motion to extend time Regarding Pltf's Motion for S/J, mooting [268-1] motion to extend time to 10/22/99 to complete fact discovery, mooting [275-1] motion to Allow Prompt Filing of Motion to Add Party mooting [255-1] motion to Enforce Specil Master's Limiting Order and For Protective Order to Prohibit the Deposition of David Kane Requested by cmg. (cmg) (Entered: 05/19/2000)

05/19/2000 Terminated document: terminating [318-1] motion To Join in the Summit Defts' Supplemental Memorandum In Oppos. to Pltfs' Motion to Object to the Special Master's August 20, 1999 Memorandum and Order, terminating [317-1] motion to Join in Summit Defts' Motion to File a Supplemental Memroandum in Oppos. to Pltfs' Motion to Object to the Special Master's August 20, 1999 Memorandum and Order Requested by cmg. (cmg) (Entered: 05/19/2000)

05/19/2000 Terminated document: mooting [247-1] joint motion to extend time to 10/1/99 for Fact Discovery Cut-off Date Requested by cmg. (cmg) (Entered: 05/19/2000)

05/19/2000 477 Order of Special Master David Berman in 1:96-cv-11589 entered: Hearing on Motion to Amend Complaint and all pending motions tot strike to be heard on 5/25/00 at 10:00 a.m. All motions for S/J to be filed and served by 6/1/00. All oppositions to Motions for S/J and strike to be filed by 6/15/00. All reply briefs to be filed by 6/22/00. Hearings on 6/29/00 and 6/30/00 at 10:00 a.m. on all motions for S/J and any motions to strike. All hearings to be held at the offices of Hutchins, Wheeler & Dittmar, FILED.(cc/cl) [EOD Date 5/22/00] (cmg) (Entered: 05/22/2000)

05/22/2000 479 Order of Special Master David Berman in 1:96-cv-11589 entered: The underwriter Deft's Mtoion to compel interrog. answers will be heard on 5/25/00 together with other motions already scheduled for hearing on that date, FILED.[EOD Date 5/26/00] (cmg) (Entered: 05/26/2000)

05/22/2000 481 Motion by Summit Technology in 1:96-cv-11589 to strike certain Exhibits Submitted by Pltfs in Connection with Pending motions for S/J , FILED.D(c/s) (cmg) (Entered: 05/26/2000)

05/22/2000 482 Memorandum by Summit Technology in 1:96-cv-11589 in support of [481-1] motion to strike certain Exhibits Submitted by Pltfs in Connection with Pending motions for S/J , FILED.(c/s0 (cmg) (Entered: 05/26/2000)

05/23/2000 478 Response by Summit Technology in 1:96-cv-11589 in opposition to [469-1] motion to strike [462-1] certain exhibits in affidavit , FILED.(c/s) (cmg) (Entered: 05/25/2000)

05/24/2000 480 Motion by Smith Barney, Inc. in 1:96-cv-11589 for leave to file 2-Page Reply Memo in Support of Renewed Motion to Compel Pltf to Answer First Set of Merits

Interrogs , FILED.(c/s) (cmg) (Entered: 05/26/2000)

06/05/2000 483 Order of Special Master David Berman in 1:96-cv-11589 entered: Defts' motion to amend the scheduling order dated 5/17/00 is allowed and order is amended. All motions for S/J shall be filed and served by 6/5/00; oppositions to be filed by 6/20/00, FILED. [EOD Date 6/6/00] (cmg) (Entered: 06/06/2000)

06/05/2000 490 Notice of Joinder by Smith Barney, Inc. in Summit Defts' Mtoion for S/J and Adoption of Memo in Support Of their Motion for S/J on Pltfs' Claims Relating to the 10/27/94 FDA Warning Letter and the IBM Contract, FILED.(c/s) 1:96-cv-11589 , filed. (cmg) (Entered: 06/06/2000)

06/05/2000 517 Motion by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 for summary judgment , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/05/2000 518 STIPULATION (Motion) by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589, for leave to file memo in excess , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/05/2000 519 Statement of Facts by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 re: [517-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/05/2000 520 Memorandum by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 in support of [517-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/05/2000 521 Appendix/exhibits by Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 in support of [517-1] motion for summary judgment , filed. (cmg) (Entered: 06/06/2000)

06/06/2000 484 Motion by David F. Muller in 1:96-cv-11589 for summary judgment On Pltfs' Claims Relating to Third Quarter 1995 Sales of fLaser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 485 Statement of Facts by David F. Muller in 1:96-cv-11589 re: [484-1] motion for summary judgment On Pltfs' Claims Relating to Third Quarter 1995 Sales of fLaser Workstations FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 486 Motion by David F. Muller in 1:96-cv-11589 for summary judgment On Pltfs' Claims Relating to the Receipt of Certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 487 Motion by David F. Muller in 1:96-cv-11589 for summary judgment on Pltf's Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 488 Statement of Facts by David F. Muller in 1:96-cv-11589 re: [487-1] motion for summary judgment on Pltf's Claims Relating to the October 27, 1994 FDA

Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 489 Statement of Facts by David F. Muller in 1:96-cv-11589 re: [486-1] motion for summary judgment On Pltfs' Claims Relating to the Receipt of Certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 491 Motion by Summit Technology in 1:96-cv-11589 for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 492 Memorandum by Summit Technology in 1:96-cv-11589 in support of [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 493 Affidavit of Peter E. Litman in 1:96-cv-11589 , re: [492-1] support memorandum , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 494 Motion by Summit Technology in 1:96-cv-11589 for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 495 Memorandum by Summit Technology in 1:96-cv-11589 in support of [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 496 Affidavit of William J. Connolly III in 1:96-cv-11589 , re: [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 497 Affidavit of Peter E. Litman in 1:96-cv-11589 , re: [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 498 Affidavit of Rajiv P. Bhatt in 1:96-cv-11589 , re: [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 499 Statement of Facts by Summit Technology in 1:96-cv-11589 re: [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 500 Motion by Summit Technology in 1:96-cv-11589 for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 501 Memorandum by Summit Technology in 1:96-cv-11589 in support of [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 502 Affidavit of Rajiv P. Bhatt in 1:96-cv-11589 , re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 503 Affidavit of David F. Muller in 1:96-cv-11589 , re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 504 Affidavit of Ray H. Krauss re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , filed. (cmg) (Entered: 06/06/2000)

06/06/2000 505 Affidavit of Peter E. Litman in 1:96-cv-11589 , re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 506 Affidavit of Kimberly A. Doney in 1:96-cv-11589 , re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 507 Affidavit of John G. Frantzis in 1:96-cv-11589 , re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 508 Statement of Facts by Summit Technology in 1:96-cv-11589 re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 509 Statement of Facts by Summit Technology in 1:96-cv-11589 re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 510 Affidavit of David F. Muller in 1:96-cv-11589 , re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 511 Affidavit of Michael L. Iaccarino re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations, FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 512 Affidavit of Rajiv P. Bhatt in 1:96-cv-11589 , re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 513 Affidavit of Ray H. Krauss re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations, FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 514 Affidavit of Peter E. Litman in 1:96-cv-11589 , re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 515 Affidavit of John G. Frantzis in 1:96-cv-11589 , re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/06/2000 516 Affidavit of Kimberly A. Doney in 1:96-cv-11589 , re: [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 06/06/2000)

06/07/2000 522 Order of Special Master David Berman in 1:96-cv-11589 entered . . . The Underwriter Defts' Motion to continue the hearing on the motions to strike and to compel is continued to 6/8/00 at 10:00 a.m., FILED.(cc/cl) [EOD Date 6/8/00] (cmg) (Entered: 06/08/2000)

06/07/2000 523 Motion by G. Richard Pearl in 1:96-cv-11589 to extend time to 6/30/00 to respond to motions for S/J , FILED.(c/s) (cmg) (Entered: 06/09/2000)

06/08/2000 528 Order of Special Master David Berman in 1:96-cv-11589 entered granting in part, denying in part [451-1] motion for leave to file An Amended Complaint to Conform to the Evidence, FILED.(cc/cl) [EOD Date 6/14/00] (cmg) (Entered: 06/14/2000)

06/09/2000 524 Motion by G. Richard Pearl in 1:96-cv-11589 to stay The Special Master's June 8, 2000 Memorandum and Order , FILED.(c/s) (cmg) (Entered: 06/13/2000)

06/09/2000 525 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [481-1] motion to strike certain Exhibits Submitted by Pltfs in Connection with Pending motions for S/J , FILED.(c/s) (cmg) (Entered: 06/13/2000)

06/09/2000 526 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [481-1] motion to strike certain Exhibits Submitted by Pltfs in Connection with Pending motions for S/J , FILED.(c/s) (cmg) (Entered: 06/13/2000)

06/09/2000 527 Objection by G. Richard Pearl in 1:96-cv-11589 re: [522-1] order , FILED.(c/s) (cmg) (Entered: 06/13/2000)

06/09/2000 529 Order of Special Master David Berman in 1:96-cv-11589 entered granting in part, denying in part [416-1] motion to strike Affidavit of Jonathan Cohen, FILED.(cc/cl) [EOD Date 6/14/00] (cmg) (Entered: 06/14/2000)

06/14/2000 530 Special Master Report and Recommendations re: [416-1] motion to strike Affidavit of Jonathan Cohen entered; Special Master's Recommendation: Denial . Objection to R and R due by 6/24/00 . Motion no longer referred: . (cmg) (Entered: 06/16/2000)

06/15/2000 531 Letter by David Berman in 1:96-cv-11589 dated: 6/14/00 to: Clerk re: Report and recommendation filed. (cmg) (Entered: 06/16/2000)

06/20/2000 532 Order Regarding Scheduling of Special Master David Berman in 1:96-cv-11589 entered: Hearing on S/J motions to be held on 7/20 and 7/21 at the offices of Hutchins, Wheeler & Dittmar at 10:00 a.m., FILED.(cc/cl) [EOD Date 6/20/00] (cmg) (Entered: 06/20/2000)

06/23/2000 533 Response by Summit Technology in 1:96-cv-11589 in opposition to [527-1] miscellaneous , FILED.(c/s) (cmg) (Entered: 06/27/2000)

06/23/2000 534 Motion by Summit Technology in 1:96-cv-11589 to Supplement the S/J Record , FILED.(c/s) (cmg) (Entered: 06/27/2000)

06/23/2000 535 Supplemental Affidavit of William J. Connolly III RElating to Summit Defts' S/J

Exhibits, FILED.(c/s) (cmg) (Entered: 06/27/2000)

06/23/2000 536 Notice of Joinder by Smith Barney, Inc. in and Adoption of Summit Defts' Oopposition to Pltf's Motion objecting to the Special Master's June 8, 2000 Memorandum and Order and cross Motion Objecting to Certain Rulings Made in the Order, FILED.(c/s) 1:96-cv-11589 , filed. (cmg) (Entered: 06/27/2000)

06/23/2000 537 Order of Special Master David Berman in 1:96-cv-11589 entered: Motion hearing set for 6/23/00 is resched. to 6/26/00 (on speaker phone), FILED. [EOD Date 6/27/00] (cmg) (Entered: 06/27/2000)

06/23/2000 538 Order of Special Master David Berman in 1:96-cv-11589 entered: The Order resscheduling today's hearing for 6/26/00 is Vacated. Today's hearing will proceed on schedule, FILED. [EOD Date 6/27/00] (cmg) (Entered: 06/27/2000)

06/26/2000 579 Report and Recommendation of Special Master David Berman in 1:96-cv-11589 re: pending summary judgment motions entered . [EOD Date 7/18/00] (cmg) (Entered: 07/18/2000)

06/28/2000 565 Order of Special Master David Berman in 1:96-cv-11589 entered . Pltf is hereby ordered to pay the Underwritter defts counsel fees in the amount of $2,500 in connection with the motion to compel further answers. Further answers ahll be served on all parties no later than 7/7/00, FILED.(cc/cl) [EOD Date 7/11/00] (cmg) (Entered: 07/11/2000)

06/30/2000 539 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, for leave to file Pltfs' memo in Oppos. to Defts' Mtoion for Partial S/J RElating to Third Quarter 1995 Sales of Lser Workstations, in excess of 20 pages , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 540 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations, [484-1] motion for summary judgment On Pltfs' Claims Relating to Third Quarter 1995 Sales of fLaser Workstations , FILED.(c/s) (cmg) (Entered: 07/03/2000)


06/30/2000 542 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [485-1] statement of Facts , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 543 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [509-1] statement of facts , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 544 Statement of Facts by G. Richard Pearl in 1:96-cv-11589 re: Motions for S/J Relating to THird Quarter 1995 Sales of Laser Workstations, FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 545 Motion by G. Richard Pearl in 1:96-cv-11589 to strike Portions of the Affidvit of Rahiv P. Bhatt Submitted in Support of Summit TEch. Inc's Motion for S/J Relating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 546 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [545-1] motion to strike Portions of the Affidvit of Rahiv P. Bhatt Submitted in Support of Summit TEch. Inc's Motion for S/J Relating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 547 Motion by G. Richard Pearl in 1:96-cv-11589 to strike [511-1] portions of affidavit of Michael L. Iaccarino , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 548 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [547-1] motion to strike [511-1] portions of affidavit of Michael L. Iaccarino , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 549 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, for leave to file Pltfs' Response to the Summit Defts' Motion for S/J as to the 10/27/94 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 550 Response by G. Richard Pearl in 1:96-cv-11589 to [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 551 Affidavit of Phyllis M. Parker re: [550-1] motion response FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 552 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [499-1] statement , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 553 Statement of Facts by G. Richard Pearl in 1:96-cv-11589 re: [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 554 STIPULATION (Motion) by G. Richard Pearl in 1:96-cv-11589, for leave to file Memorandum in Oppos. to Defts' Motion for Partial Summary Relating to Dvid Muller's REceipt of Visx-RElated Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 555 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 556 Third Declaration of Jeanne A. Markey re: [555-1] opposition memorandum , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 557 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [508-1] statement of facts , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 558 Statement of Facts by G. Richard Pearl in 1:96-cv-11589 re: [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 559 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [517-1] Underwriter Defts' motion for summary judgment FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 560 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [519-1] statement , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 561 Statement of Facts by G. Richard Pearl in 1:96-cv-11589 re: [517-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 07/03/2000)

06/30/2000 562 Affidavit of Leslie R. Stern re: [559-1] opposition response , FILED.(c/s0 (cmg) (Entered: 07/03/2000)

06/30/2000 564 Order of Special Master David Berman in 1:96-cv-11589 entered: On 7/5/00, the Special Master will conduct a telephone hearing on Motion to Supplement, FILED. [EOD Date 7/11/00] (cmg) (Entered: 07/11/2000)

07/03/2000 566 Report and Recommendations Of Special Master David Berman re: [418-1] motion to strike Affidvit of Irving Arons, [416-1] motion to strike Affidavit of Jonathan Cohen, [414-1] motion to strike the Affidavit of Michael Moretti entered, FILED. (cmg) (Entered: 07/11/2000)

07/05/2000 563 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltf's request to continue hearing on motion to supplement record is Allowed. Hearing by telephone on 7/12/00 at 3:00 p.m., FILED. [EOD Date 7/11/00] (cmg) (Entered: 07/11/2000)

07/10/2000 567 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [566-1] report and recommendations , FILED.(c/s) (cmg) (Entered: 07/13/2000)

07/10/2000 568 Affidavit of Jeffry C. Block in 1:96-cv-11589 , re: [567-1] opposition response , FILED.(c/s) (cmg) (Entered: 07/13/2000)

07/10/2000 569 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, striking Certain Allegations Set Forth int he Exchange Act Complaint , FILED.(c/s) (cmg) (Entered: 07/13/2000)

07/10/2000 570 STIPULATION by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, striking Certain Allegations Set forth In the Burke Complaint , FILED.(c/s) (cmg) (Entered: 07/13/2000)

07/12/2000 571 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to The Summit Defts' Motion to Supplement the S/J Record, FILED.(c/s) (cmg) (Entered: 07/13/2000)

07/13/2000 573 Motion by G. Richard Pearl in 1:96-cv-11589 to Object to the Special Master's June 28, 2000 Order Striking Contention Interrogatory Answers, Sanctioning Pltf's Counsel and Threatening to Default Pltf. , FILED.(c/s) (cmg) (Entered: 07/18/2000)

07/13/2000 574 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [565-1] order , FILED.(c/s) (cmg) (Entered: 07/18/2000)


07/13/2000 576 Order of Special Master David Berman in 1:96-cv-11589 entered . Motions for S/J to be heard on 7/27/00 at the offices of Hutchins, Wheeler at 1:30 p.m., FILED. [EOD Date 7/18/00] (cmg) (Entered: 07/18/2000)

07/13/2000 577 Recommendation and Report of Special Master David Berman in 1:96-cv-11589

entered: Motion to Supplement the record should be allowed (see Order), FILED. [EOD Date 7/18/00] (cmg) (Entered: 07/18/2000)

07/13/2000 578 Correction of Recommendation and Report dated 6/14/00, FILED. (cmg) (Entered: 07/18/2000)

07/17/2000 572 Order of Special Master David Berman in 1:96-cv-11589 entered: Defts' Motion to Extend to 7/19/00 the date by which replies to Pltfs' oppos. to Defts' S/J Motions shall be filed is ALLOWED, FILED. [EOD Date 7/18/00] (cmg) (Entered: 07/18/2000)

07/19/2000 580 Reply by Smith Barney, Inc. in 1:96-cv-11589 to response to [517-1] motion for summary judgment , FILED.(c/s) (cmg) (Entered: 07/20/2000)

07/19/2000 581 Reply by David F. Muller in 1:96-cv-11589 to response to [487-1] motion for summary judgment on Pltf's Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract, [486-1] motion for summary judgment On Pltfs' Claims Relating to the Receipt of Certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 07/20/2000)

07/19/2000 583 Response by Summit Technology in 1:96-cv-11589 in opposition to [547-1] motion to strike [511-1] portions of affidavit of Michael L. Iaccarino , FILED.(c/s) (cmg) (Entered: 07/24/2000)

07/19/2000 584 Motion by Summit Technology in 1:96-cv-11589 to strike Pltfs' Renewed Effort to Admit the Forged "Blinn Memo" , FILED.(c/s) (cmg) (Entered: 07/24/2000)

07/19/2000 585 Reply by Summit Technology in 1:96-cv-11589 to response to [500-1] motion for summary judgment On Pltfs' Claims Relating to David Muller's REceipt of certain Visx-Related Documents and Insider Selling , FILED.(c/s) (cmg) (Entered: 07/24/2000)

07/19/2000 586 Reply by Summit Technology in 1:96-cv-11589 to response to [494-1] motion for summary judgment on Pltfs' Claims Relating to the October 27, 1994 FDA Warning Letter and the IBM Contract , FILED.(c/s) (cmg) (Entered: 07/24/2000)

07/19/2000 587 Reply by Summit Technology in 1:96-cv-11589 to response to [491-1] motion for summary judgment RElating to Third Quarter 1995 Sales of Laser Workstations , FILED.(c/s) (cmg) (Entered: 07/24/2000)

07/20/2000 582 Supplemental Statement of Facts by Summit Technology in 1:96-cv-11589, FILED.(c/s) (cmg) (Entered: 07/21/2000)

07/21/2000 588 Joint motion by Summit Technology in 1:96-cv-11589 to Supplement the S/J Record , FILED.(c/s) (cmg) (Entered: 07/24/2000)

07/24/2000 589 Response by Summit Technology in 1:96-cv-11589 in opposition to [567-1] opposition response , FILED.(c/s) (cmg) (Entered: 07/27/2000)

07/24/2000 590 Response by David F. Muller in 1:96-cv-11589 in opposition to [579-1] order , FILED.(c/s) (cmg) (Entered: 07/27/2000)

07/26/2000 592 Order of Special Master David Berman in 1:96-cv-11589 entered granting [554-1] stipulation motion for leave to file Memorandum in Oppos. to Defts' Motion for Partial Summary Relating to Dvid Muller's REceipt of Visx-RElated Documents

and Insider Selling, granting [549-1] stipulation motion for leave to file Pltfs' Response to the Summit Defts' Motion for S/J as to the 10/27/94 FDA Warning Letter and the IBM Contract, granting [539-1] stipulation motion for leave to file Pltfs' memo in Oppos. to Defts' Mtoion for Partial S/J RElating to Third Quarter 1995 Sales of Lser Workstations, in excess of 20 pages, FILED.(cc/cl) [EOD Date 7/28/00] (cmg) (Entered: 07/28/2000)

07/26/2000 593 Corrected page 10 of the Memo and Ordered dated 6/8/00, FILED. (cmg) (Entered: 07/28/2000)

07/26/2000 594 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [582-1] statement of Facts, FILED.(c/s) (cmg) (Entered: 07/28/2000)

07/27/2000 591 Response by Smith Barney, Inc. in 1:96-cv-11589 in opposition to [573-1] motion to Object to the Special Master's June 28, 2000 Order Striking Contention Interrogatory Answers, Sanctioning Pltf's Counsel and Threatening to Default Pltf. , FILED.(c/s) (cmg) (Entered: 07/28/2000)

08/02/2000 595 Third Amended complaint by Plaintiffs in 1:96-cv-11589 filed. (Answer due 8/12/00 for Piper Jaffray Inc., for Morgan Stanley & Co., for Bear, Stearns, for Smith Barney, Inc., for Richard M. Traskos, for John A. Norris, for Richard F. Miller, for Jeffrey A. Bernfeld, for John G. Frantzis, for Peter E. Litman, for Kimberly A. Doney, for Rajiv P. Bhatt, for David F. Muller, for John G. Frantzis, for Peter E. Litman, for Kimberly A. Doney, for Rajiv P. Bhatt, for David F. Muller, for Summit Technology ) . c/s (kf) (Entered: 08/04/2000)

08/04/2000 596 Motion in letter form by: Deborah Thaxter dated: 8/3/00 on behalf of David F. Muller in 1:96-cv-11589 for leave to file Response to certain statements which Pltfs' counsel made at the S/J hearing , FILED.(c/s) (cmg) (Entered: 08/07/2000)

08/04/2000 598 Report and Recommendation on Defts' Joint Motion to Supplement the S/J Record of Special Master David Berman in 1:96-cv-11589 entered, FILED.(cc/cl) [EOD Date 8/8/00] (cmg) (Entered: 08/08/2000)

08/07/2000 597 Order of Special Master David Berman in 1:96-cv-11589 entered: Report and Recommendation on Motions to Strike Portions of theAffidvits of Rajiv P. Bhatt and Michael L. Iaccarino, FILED.(c/s) [EOD Date 8/8/00] (cmg) (Entered: 08/08/2000)

08/07/2000 599 Motion by G. Richard Pearl in 1:96-cv-11589 to strike Portions of the Affidavit of Arch C. Smith Submitted in Support of Summit Technology Inc's Motions for S/J , FILED.(c/s) (cmg) (Entered: 08/10/2000)

08/07/2000 600 Memorandum by G. Richard Pearl in 1:96-cv-11589 in support of [599-1] motion to strike Portions of the Affidavit of Arch C. Smith Submitted in Support of Summit Technology Inc's Motions for S/J , FILED.(c/s) (cmg) (Entered: 08/10/2000)

08/08/2000 612 Recommendation and Report of Special Master David Berman in 1:96-cv-11589 entered re: Motion to Strike the Blynn Memorandum, FILED. [EOD Date 9/8/00] (cmg) (Entered: 09/08/2000)

08/14/2000 601 Response by Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589 in opposition to [599-1] motion to strike Portions of the Affidavit of Arch C.

Smith Submitted in Support of Summit Technology Inc's Motions for S/J , FILED.(c/s) (cmg) (Entered: 08/15/2000)

08/16/2000 602 Answer by Smith Barney, Inc. in 1:96-cv-11589 to Third amended complaint, FILED.(c/s) (cmg) (Entered: 08/17/2000)

08/16/2000 603 Answer by Summit Technology in 1:96-cv-11589, Rajiv P. Bhatt in 1:96-cv-11589, Jeffrey A. Bernfeld in 1:96-cv-11589, Richard F. Miller in 1:96-cv-11589, John A. Norris in 1:96-cv-11589, Richard M. Traskos in 1:96-cv-11589 to amended complaint, FILED.(c/s) (cmg) (Entered: 08/18/2000)

08/17/2000 604 Motion in letter form dated: 8/17/00 on behalf of David F. Muller in 1:96-cv-11589 to extend time to 8/31/00 to answer complaint , FILED.(c/s) (cmg) (Entered: 08/18/2000)

08/17/2000 613 Recommendation and Report of Special Master David Berman in 1:96-cv-11589 entered re: Motion to strike portions of the affidavit of Arch Smith . . . recommendation is denial, FILED. [EOD Date 9/8/00] (cmg) (Entered: 09/08/2000)

08/18/2000 606 Motion in letter form by: Deft Muller dated: 8/17/00 on behalf of David F. Muller in 1:96-cv-11589 to extend time to 8/31/00 to respond to 3rd amended complaint , FILED.(c/s) (cmg) (Entered: 08/28/2000)

08/21/2000 605 Order of Special Master, entered . [EOD Date 8/21/00] "...The motion of deft Muller to extend the time for filing his answer to the Third Amended Complaint dated 8/2/2000, is extended to 8/30/00." (eaf) (Entered: 08/21/2000)

08/30/2000 607 Answer by David F. Muller in 1:96-cv-11589 to amended complaint, FILED.(c/s) (cmg) (Entered: 08/31/2000)

08/30/2000 609 Motion by G. Richard Pearl in 1:96-cv-11589 for leave to file Objection to the Special Master's 8/17/00 Recommendation and Report Denying Pltfs' Motion to Strike Certain Portions of the Affidvit of Arch Smith , FILED.(c/s0 (cmg) (Entered: 09/05/2000)

08/30/2000 610 Memorandum by G. Richard Pearl in 1:96-cv-11589 in opposition to [597-1] order , FILED.(c/s0 (cmg) (Entered: 09/05/2000)

09/01/2000 608 Recommendation and Report of Special Master David Berman in 1:96-cv-11589 entered re: Oral request to strike affidavits [EOD Date 9/1/00], FILED. (cmg) Modified on 09/20/2000 (Entered: 09/01/2000)

09/05/2000 611 Letter by G. Richard Pearl in 1:96-cv-11589 by Deborah L. Thaxter in 1:96-cv-11589 dated: 9/4/00 to: Special Master re: Deft Muller's 8/3/00 letter , FILED.(c/s0 (cmg) (Entered: 09/08/2000)

09/13/2000 614 Response by Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589, Smith Barney, Inc. in 1:96-cv-11589, Bear, Stearns in 1:96-cv-11589, Morgan Stanley & Co. in 1:96-cv-11589, Piper Jaffray Inc. in 1:96-cv-11589 in opposition to [610-1] opposition memorandum FILED.(c/s) (cmg) (Entered: 09/18/2000)

09/20/2000 Judge Joseph L. Tauro . Endorsed Order entered granting [530-1] report and recommendations granting in part, denying in part [416-1] motion to strike

Affidavit of Jonathan Cohen FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/20/2000 Judge Joseph L. Tauro . Endorsed Order entered Adopting [566-1] report and recommendations, FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/20/2000 Judge Joseph L. Tauro . Endorsed Order entered ADOPTING [577-1] Recommendation and Report, FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/20/2000 Judge Joseph L. Tauro . Endorsed Order entered Adopting [578-1] Correctin of Recommendation and Report, FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/20/2000 Judge Joseph L. Tauro . Endorsed Order entered Adopting [579-1]Recommendation and Report, FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/20/2000 Judge Joseph L. Tauro . Endorsed Order entered Adopting [597-1] Report and REcommendation of Motion to Strike Portions of the Affidavits of Rajiv P. Bhatt and Michael L. Iaccarino, FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/20/2000 Judge Joseph L. Tauro . Endorsed Order entered ADOPTING [608-1] Recommendation and Report, FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/20/2000 615 Judge Joseph L. Tauro . Order entered granting in part, denying in part [416-1] motion to strike Affidavit of Jonathan Cohen; granting in part, denying in part [418-1] motion to strike Affidvit of Irving Arons; granting in part, denying in part [414-1] motion to strike the Affidavit of Michael Moretti; granting in part, denying in part [534-1] motion to Supplement the S/J Record; granting [481-1] motion to strike certain Exhibits Submitted by Pltfs in Connection with Pending motions for S/J; granting in part, denying in part [547-1] motion to strike [511-1] portions of of Michael L. Iaccarino; granting in part, denying in part [545-1] motion to strike Portions of the Affidvit of Rahiv P. Bhatt Submitted in Support of Summit TEch. Inc's Motion for S/J Relating to Third Quarter 1995 Sales of Laser Workstations; granting [588-1] joint motion to Supplement S/J Record, FILED.(cc/cl) [EOD Date 9/25/00] (cmg) (Entered: 09/25/2000)

09/21/2000 619 Notice of appearance of attorney for G. Richard Pearl in 1:96-cv-11589 by Ann D. White, filed. (cmg) (Entered: 10/03/2000)

09/26/2000 616 Motion by Summit Technology in 1:96-cv-11589 for reconsideration of [608-1] order re: striking affidavit statements by individual defts Muller, Bhatt, Krauss, et al) , FILED.(c/s) (cmg) (Entered: 09/27/2000)

09/27/2000 617 Motion by G. Richard Pearl in 1:96-cv-11589 for leave to file Reply Memorandum in Further Support of Their Objections to the Special Master's August 17, 2000 Order , FILED.(c/s0 (cmg) (Entered: 10/02/2000)

09/27/2000 618 Reply by G. Richard Pearl in 1:96-cv-11589 to response to [609-1] motion for leave to file Objection to the Special Master's 8/17/00 Recommendation and Report Denying Pltfs' Motion to Strike Certain Portions of the Affidvit of Arch Smith ,

filed. (cmg) (Entered: 10/02/2000)

09/29/2000 Terminated document: terminating [253-1] motion to quash Deposition Subpoena, terminating [253-2] motion to stay Deposition of Alfred Woollacott terminating [297-1] motion to dismiss That Portion of Pltfs' Second Amended and Conslidated Class Action Complaint as Relates to Third Quarter 1995 Equipment Sales terminating [306-1] motion to dismiss That Portiono f Pltfs' Second Amended and consolidated Class Action Complaint as Relates to Third Quarter 1995 Equipment Sales terminating [344-1] motion to stay the Derivative Action Requested by cmg. (cmg) (Entered: 09/29/2000)

10/02/2000 Terminated document: granting [411-1] stipulation for leave to file Memo in excess of 20 pages, granting [411-2] relief mooting [426-1] stipulation to extend time to 4/18/00 to File Oppos. to Defts' Motion for S/J on claims Relating to Summit's Sale of Laser Equipment Between Mid-1992 and October 20, 1995, mooting [426-2] relief granting [434-1] stipulation for leave to file memo in excess, granting [434-2] relief granting [446-1] stipulation motion for leave to file Reply MEmo in Oppos. to Pltf's Mtoion for S/J and in SUpport of Muller's cross Motion for S/J granting [442-1] stipulation motion for leave to file Reply Memorandum granting [518-1] stipulation motion for leave to file memo in excess granting [480-1] motion for leave to file 2-Page Reply Memo in Support of Renewed Motion to Compel Pltf to Answer First Set of Merits Interrogs granting [596-1] motion for leave to file Response to certain statements which Pltfs' counsel made at the S/J hearing mooting [604-1] motion to extend time to 8/31/00 to answer complaint mooting [606-1] motion to extend time to 8/31/00 to respond to 3rd amended complaint granting [609-1] motion for leave to file Objection to the Special Master's 8/17/00 Recommendation and Report Denying Pltfs' Motion to Strike Certain Portions of the Affidvit of Arch Smith Requested by cmg. (cmg) (Entered: 10/02/2000)

10/16/2000 620 Judge Joseph L. Tauro . Order entered: The Parties' Joint Motion to Stay Litigation Pending Settlement Mediation is DENIED. Parties may have until 11/30/00 to resolve these cases through private mediation or otherwise. On that date, Special Master Berman's Report and Recommendation to this court will be issued, FILED.(cc/cl) [EOD Date 10/17/00] (cmg) (Entered: 10/17/2000)

10/16/2000 621 Joint motion by G. Richard Pearl in 1:96-cv-11589, Summit Technology in 1:96-cv-11589, David F. Muller in 1:96-cv-11589 to stay Litigation Pending Settlement Mediation , FILED.(c/s) (cmg) (Entered: 10/18/2000)

10/16/2000 622 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltf's Motion to extend to 10/13/00, the time for responding to the Motion for Reconsideration is Allowed, FILED.(cc/cl) [EOD Date 10/23/00] (cmg) (Entered: 10/23/2000)

10/17/2000 623 Order of Special Master David Berman in 1:96-cv-11589 entered: Pltf shall serve oppos. to motion for reconsideration by 10/18/00; defts shall file supplemental affidavit by 10/23/00; a telephone hearing to be held on 10/30/00 at 10:00 a.m., FILED.(cc/cl)[EOD Date 10/23/00] (cmg) (Entered: 10/23/2000)

10/18/2000 Terminated document: denying [621-1] joint motion to stay Litigation Pending Settlement Mediation Requested by cmg. (cmg) (Entered: 10/18/2000)

10/18/2000 624 Response by G. Richard Pearl in 1:96-cv-11589 in opposition to [616-1] motion for reconsideration of [608-1] order re: striking affidavit statements by individual defts

Muller, Bhatt, Krauss, et al) , FILED.(c/s) (cmg) (Entered: 10/25/2000)

10/18/2000 625 Notice of Joinder in Defts' Motion for Reconsiderationo f Special Master's 8/30/00 recommendation and Report by David F. Muller in 1:96-cv-11589 , FILED.(c/s) (cmg) (Entered: 10/25/2000)

10/23/2000 626 Motion by Summit Technology in 1:96-cv-11589 for leave to file Reply MEmorandum in further Support of Their Motion for Reconsideration of Special Master's 8/30/00 REcommendation and Report , FILED.(c/s) (cmg) (Entered: 10/25/2000)

10/23/2000 627 Reply by Summit Technology in 1:96-cv-11589 to response to [616-1] motion for reconsideration of [608-1] order re: striking affidavit statements by individual defts Muller, Bhatt, Krauss, et al) , FILED.(c/s) (cmg) (Entered: 10/25/2000)

10/26/2000 628 Order of Special Master David Berman in 1:96-cv-11589 entered . Summit's Motion to continue hearing set for 10/30/00 to 10/31/00 is GRANTED. Hearing to be held on 10/31/00 at 11:00 a.m. at office of Hutchins, Wheeler and Dittmar, FILED.(cc/cl) [EOD Date 10/31/00] (cmg) (Entered: 10/31/2000)

11/02/2000 629 Report and Recommendation of Special Master David Berman in 1:96-cv-11589 entered re: Motion for reconsideration of 8/30/00 Order, FILED.(c/s) [EOD Date 11/6/00] (sealed) (Entered: 11/06/2000)

11/02/2000 630 Order of Special Master David Berman in 1:96-cv-11589 entered: Summit Defts' Motion for Leave to File a Reply Memorandum is ALLOWED, FILED.(cc/cl) [EOD Date 11/13/00] (cmg) (Entered: 11/13/2000)

11/29/2000 632 Letter by James S. Dittmar in 1:96-cv-11589 dated: 11/29/00 to: Judge Tauro re: cases have been settled in principal, FILED.(c/s0 (cmg) (Entered: 12/05/2000)

12/04/2000 631 Order of Special Master David Berman in 1:96-cv-11589 entered: In light of the notification that the paraties have reached a settlement, the Special Master will issue no further reports and recommendations or orders unless ordered to do so by the court or informed by the parties that they are unable to reach a final settlement, FILED.(cc/cl) [EOD Date 12/5/00] (cmg) (Entered: 12/05/2000)

01/04/2001 633 Judge Joseph L. Tauro . Settlement Order of Dismissal entered, FILED.(cc/cl) [EOD Date 1/5/01] (cmg) (Entered: 01/05/2001)

01/04/2001 Case closed. (1:96-cv-12044 1:96-cv-11977 1:96-cv-11976 1:96-cv-11969 1:96-cv-11899 1:96-cv-11809 1:96-cv-11845 1:96-cv-11747 1:96-cv-11731 1:96-cv-11664 1:96-cv-11647 1:96-cv-11648 1:96-cv-11633) (cmg) (Entered: 01/05/2001)

02/02/2001 634 Joint motion by G. Richard Pearl, Summit Technology to extend time to 2/16/01 to file settlement agreement , FILED.(c/s0 (cmg) (Entered: 02/06/2001)

02/06/2001 Judge Joseph L. Tauro . Endorsed Order entered granting [634-1] joint motion to extend time to 2/16/01 to file settlement agreement, FILED.(cc/cl)[EOD Date 2/7/01] (cmg) (Entered: 02/07/2001)

02/16/2001 637 Settlement Agreement, FILED. (cmg) (Entered: 02/21/2001)

02/20/2001 635 Response by David F. Muller in opposition to [451-1] motion for leave to file An Amended Complaint to Conform to the Evidence , filed. (cmg) (Entered:

02/20/2001)

02/20/2001 636 Judge Joseph L. Tauro . Order of Preliminary Approval and procedures for Final Approval of Settlement entered: set status (final hearing) conference for reset to 10:00 4/25/01 before Judge Joseph L. Tauro , FILED.(cc/cl) [EOD Date 2/21/01] (cmg) (Entered: 02/21/2001)

04/10/2001 638 Notice of Joinder in the Summit Defts' Motion For Leave to File a Sur-Reply Memorandum and Summit Defts' Sur-Reply In oppos. to Derivative Pltf's Motionf or Leave to File Supplemental and Amended Class Action Complaint by David F. Muller by Timothy W. Mungovan, Deborah L. Thaxter, J. W. Codinha , FILED.(c/s) filed. (cmg) (Entered: 04/18/2001)

04/10/2001 639 Notice of Joinder by David F. Muller by Timothy W. Mungovan, Deborah L. Thaxter, J. W. Codinha In The Motion of Summit Technology, Inc. for Summary Judgment Dismissing Civil Action No. 96-12576, FILED.(c/s0 (cmg) (Entered: 04/18/2001)

04/16/2001 640 Judge Joseph L. Tauro . Amended Order entered: Defts' S/J Motion is ALLOWED. Pltf's Motion for Leave to File a Supplemental and Amended Class Action Complaint is DENIED, FILED.(cc/cl) [EOD Date 4/18/01] (cmg) (Entered: 04/18/2001)

04/18/2001 642 Memorandum by G. Richard Pearl and class plaintiffs re: settlement filed. (sealed) (Entered: 04/27/2001)

04/18/2001 643 Memorandum by G. Richard Pearl and class plaintiffs in support of application for attys fees , filed. (sealed) (Entered: 04/27/2001)

04/18/2001 644 Compendium of affidavits in support of the joint petition of class counsel for attorneys fees (sealed) (Entered: 04/27/2001)

04/18/2001 645 Affidavit of Jeffry C. Block , re: [643-1] support memorandum , filed. (sealed) (Entered: 04/27/2001)

04/18/2001 646 Affidavit of Daisy Sonalan , re: [643-1] support memorandum , filed. (sealed) (Entered: 04/27/2001)

04/20/2001 641 Memorandum by Summit Technology, David F. Muller, Rajiv P. Bhatt, Kimberly A. Doney, Peter E. Litman, John G. Frantzis re: settlement filed. (sealed) (Entered: 04/27/2001)

04/25/2001 647 Judge Joseph L. Tauro . Order approving final settlment and awarding attorneys fees entered . [EOD Date 4/27/01] (sealed) (Entered: 04/27/2001)

04/25/2001 648 Judge Joseph L. Tauro . Judgment entered for G. Richard Pearl and class plaintiff for 51,200.00 against Summit Technology . Attorneys fees 3,300,000.00. Costs in the amount of 1,052,000.00 , and [EOD Date 4/27/01] (sealed) (Entered: 04/27/2001)

04/26/2001 Settlement conference held . (cmg) (Entered: 04/30/2001)

04/26/2001 649 Judge Joseph L. Tauro . Clerk's Notes: re: settlement conf. No opposition to settlement. Court approves final settlement. Attys' fees awarded, FILED. Court Reporter: Carol Scott (cmg) (Entered: 04/30/2001)

04/27/2001 Case closed. (fmr) (Entered: 04/27/2001)

07/02/2001 Mail sent to Mark McNair returned by Post Office because: undeliverable as addressed. (cmg) (Entered: 07/02/2001)

08/30/2001 650 Notice of Change of Firm name by G. Richard Pearl by Glen DeValerio , FILED.(c/s) (cmg) (Entered: 08/31/2001)

10/09/2001 651 Notice of change of address filed by By Deborah R. Gross counsel for Richard Pearl , FILED.(c/s) (cmg) (Entered: 10/10/2001)

04/25/2002 652 Motion by G. Richard Pearl for order authorizing distribution of the settlement fund , filed. (fmr) (Entered: 04/26/2002)

04/25/2002 653 Memorandum by G. Richard Pearl in support of [652-1] motion for order authorizing distribution of the settlement fund , filed. (fmr) (Entered: 04/26/2002)

04/25/2002 654 Affidavit of Kathleen M. Donovan-Maher , re: [652-1] motion for order authorizing distribution of the settlement fund , filed. (fmr) (Entered: 04/26/2002)

04/25/2002 655 Affidavit of Shandarese Garr , filed. (fmr) (Entered: 04/26/2002)

04/25/2002 656 Certificate of service re: [655-1] affidavit, [654-1] affidavit, [653-1] support memorandum, [652-1] motion for order authorizing distribution of the settlement fund , filed. (fmr) (Entered: 04/26/2002)

05/10/2002 Judge Joseph L. Tauro . Endorsed Order entered granting [652-1] motion for order authorizing distribution of the settlement fund . [EOD Date 5/13/02] cc/cl (fmr) (Entered: 05/13/2002)

05/10/2002 657 Judge Joseph L. Tauro . Order authorizing distribution of the settlement fund entered . [EOD Date 5/13/02] (fmr) (Entered: 05/13/2002)

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