u.s. district court eastern district of missouri (st....

US District Court Civil Docket as of 12/08/2006 Retrieved from the court on Monday, January 29, 2007

U.S. District Court Eastern District of Missouri (St. Louis)

CIVIL DOCKET FOR CASE #: 4:99-md-01264-JFN

In Re: BankAmerica Corp, et al v. , et al Assigned to: Honorable John F. Nangle Demand: $0 Lead case: 4:99-md-01264-JFN Member cases: 4:00-cv-00764-JFN 4:00-cv-01655-JFN 4:00-cv-01888-JFN 4:01-cv-00182-JFN 4:98-cv-01912-JFN 4:99-cv-00312-JFN 4:99-cv-00331-JFN 4:99-cv-00332-JFN 4:99-cv-00333-JFN 4:99-cv-00334-JFN 4:99-cv-00335-JFN 4:99-cv-00336-JFN 4:99-cv-00337-JFN 4:99-cv-00338-JFN 4:99-cv-00341-JFN 4:99-cv-00342-JFN 4:99-cv-00343-JFN 4:99-cv-00348-JFN 4:99-cv-00680-JFN 4:99-cv-00711-JFN 4:99-cv-00712-JFN 4:99-cv-00713-JFN 4:99-cv-00714-JFN 4:99-cv-00715-JFN 4:99-cv-00716-JFN 4:99-cv-00717-JFN Cause: 15:77 Securities Fraud

Date Filed: 02/12/1999 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

In Re BankAmerica Corporation represented by Brian E. McGovern

MCCARTHY AND LEONARD 400 S. Woods Mill Suite 250 Chesterfield, MO 63017 314-392-5200 Fax: 314-392-5221

Email: [email protected] LEAD ATTORNEY James H. Ferrick, III GREENSFELDER, HEMKER & GALE, P.C. 10 S. Broadway Suite 2000 St. Louis, MO 63102-1774 314-241-9090 Fax: 314-345-5465 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Marie Seth Weiner COTCHETT AND PITRE 840 Malcolm Road Suite 200 Burlingame, CA 94010 650-697-6000 Fax: 650-697-0577 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard M. Donaldson GRANT AND EISENHOFER, P.A. 1201 N. Market Street Suite 2100 Wilmington, DE 19801-2599 302-622-7000 Fax: 302-622-7100 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart M. Grant GRANT AND EISENHOFER, P.A. 1201 N. Market Street Suite 2100 Wilmington, DE 19801-2599 302-622-7000 Fax: 302-622-7100 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Joseph Hempen represented by Aaron L. Brody STULL AND STULL Six E. 45th Street

New York, NY 10017 212-687-7230 Fax: 212-490-2022 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew J. Entwistle ENTWISTLE AND CAPPUCCI 299 Park Avenue 14th floor New York, NY 10171-4406 212-894-7200 Fax: 212-894-7272 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald H. Clooney CLOONEY AND ANDERSON 319 N. Fourth Street Suite 200 St. Louis, MO 63102 314-231-5855 Fax: 314-231-6909 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward H. Nicholson, Jr. CHITWOOD AND HARLEY 1230 Peachtree Street Suite 2300 Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 LEAD ATTORNEY ATTORNEY TO BE NOTICED Harold F. McGuire, Jr. ENTWISTLE AND CAPPUCCI 299 Park Avenue 14th floor New York, NY 10171-4406 212-894-7200 Fax: 212-894-7272 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey H. Konis CHITWOOD AND HARLEY 1230 Peachtree Street Suite 2300 Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 LEAD ATTORNEY ATTORNEY TO BE NOTICED Joe D. Jacobson GREEN AND JACOBSON, P.C. 7733 Forsyth Boulevard Suite 700 St. Louis, MO 63105 314-862-6800 Fax: 314-862-1606 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan F. Andres GREEN AND SCHAAF 7733 Forsyth Boulevard Suite 700 St. Louis, MO 63105 314-862-6800 Fax: 314-862-1606 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jules Brody STULL AND STULL Six E. 45th Street New York, NY 10017 212-687-7230 Fax: 212-490-2022 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin D. Chitwood CHITWOOD AND HARLEY 1230 Peachtree Street,N.E. Suite 2300 Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 Email: [email protected]

LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin M. Green GREEN AND JACOBSON, P.C. 7733 Forsyth Boulevard Suite 700 St. Louis, MO 63105 314-862-6800 Fax: 314-862-1606 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Neal S. Berinhout CHITWOOD AND HARLEY 1230 Peachtree Street Suite 2300 Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Abrams WOLF AND HALDENSTEIN 270 Madison Avenue New York City, NY 10016 212-545-4600 Fax: 212-686-0114 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent R. Cappucci ENTWISTLE AND CAPPUCCI 299 Park Avenue 14th floor New York, NY 10171-4406 212-894-7200 Fax: 212-894-7272 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

John M. Koehler represented by Aaron L. Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew J. Entwistle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel W. Krasner WOLF AND HALDENSTEIN 270 Madison Avenue New York City, NY 10016 212-545-4600 Fax: 212-686-0114 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald H. Clooney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward H. Nicholson, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey H. Konis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joe D. Jacobson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan F. Andres (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jules Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin M. Green (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mitchell A. Margo CURTIS, HEINZ, GARRETT & O'KEEFE, P.C. 130 S. Bemiston Avenue Suite 200 St. Louis, MO 63105-1951 314-725-8788 Fax: 314-725-8789 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Neal S. Berinhout (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicole Tuman MURTHA CULLINA, LLP 177 Broad St. Stamford, CT 06901 203-653-5408 Fax: 203-653-5444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Abrams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent R. Cappucci (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James R. Mendillo FREEARK AND HARVEY 115 W. Washington Street P.O. Box 546 Belleville, IL 62220 618-233-2686 Fax: 618-233-5677

Email: [email protected] ATTORNEY TO BE NOTICED W. Jeffrey Muskopf FREEARK AND HARVEY 115 W. Washington Street P.O. Box 546 Belleville, IL 62220 618-233-2686 Fax: 618-233-5677 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

David P. Oetting represented by Aaron L. Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew J. Entwistle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel W. Krasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald H. Clooney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward H. Nicholson, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Harold F. McGuire, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey H. Konis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joe D. Jacobson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan F. Andres (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jules Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin M. Green (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mitchell A. Margo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Neal S. Berinhout (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Abrams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent R. Cappucci (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Selma Kaiser represented by Arthur N. Abbey ABBEY AND GARDY 212 E. 39th Street

New York, NY 10016 212-889-3700 Fax: 212-684-5191 LEAD ATTORNEY ATTORNEY TO BE NOTICED Clinton A. Krislov KRISLOV AND ASSOCIATES, LTD. 20 N. Wacker Drive Civic Opera Building, Suite 1350 Chicago, IL 60606-1086 312-606-0500 Fax: 312-606-0207 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel W. Krasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Notis ABBEY AND GARDY 212 E. 39th Street New York, NY 10016 212-889-3700 Fax: 212-684-5191 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael R. Karnuth KRISLOV AND ASSOCIATES, LTD. 20 N. Wacker Drive Civic Opera Building, Suite 1350 Chicago, IL 60606-1086 312-606-0500 Fax: 312-606-0207 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J. Stein, III KRISLOV AND ASSOCIATES, LTD. 20 N. Wacker Drive Civic Opera Building, Suite 1350 Chicago, IL 60606-1086 312-606-0500 Fax: 312-606-0207 TERMINATED: 02/22/2002 LEAD ATTORNEY

ATTORNEY TO BE NOTICED Stephen T. Rodd ABBEY AND GARDY 212 E. 39th Street New York, NY 10016 212-889-3700 Fax: 212-684-5191 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Brian Markee represented by Arthur N. Abbey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Clinton A. Krislov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Notis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael R. Karnuth (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J. Stein, III (See above for address) TERMINATED: 02/22/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen T. Rodd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Walter E. Ryan, Jr. represented by Arthur N. Abbey (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Clinton A. Krislov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James S. Notis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael R. Karnuth (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J. Stein, III (See above for address) TERMINATED: 02/22/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen T. Rodd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Kevin Kloster represented by Aaron L. Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew J. Entwistle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel W. Krasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald H. Clooney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Harold F. McGuire, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joe D. Jacobson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan F. Andres (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jules Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin M. Green (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mitchell A. Margo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Abrams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent R. Cappucci (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Consolidated Filer Plaintiff

NationsBank Classes represented by Joe D. Jacobson (See above for address) ATTORNEY TO BE NOTICED Jonathan F. Andres (See above for address) ATTORNEY TO BE NOTICED

Consolidated Filer Plaintiff

BankAmerica Classes represented by Andrew J. Entwistle (See above for address) ATTORNEY TO BE NOTICED Joe D. Jacobson (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Hugh L. McColl, Jr. represented by Jeffrey S. Russell BRYAN CAVE LLP 211 N. Broadway Suite 3600 St. Louis, MO 63102-2750 314-259-2000 Fax: 314-259-2020 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John Michael Clear BRYAN CAVE LLP 211 N. Broadway Suite 3600 St. Louis, MO 63102-2750 314-259-2000 Fax: 314-259-2020 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Moses WACHTELL AND LIPTON

51 W. 52nd Street New York City, NY 10019-6188 212-371-9200 Fax: 212-403-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert B. Mazur WACHTELL AND LIPTON 51 W. 52nd Street New York City, NY 10019-6188 212-371-9200 Fax: 212-403-1000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Warren R. Stern WACHTELL AND LIPTON 51 W. 52nd Street New York City, NY 10019-6188 212-371-9200 Fax: 212-403-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

James H. Hance, Jr. represented by Jeffrey S. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Michael Clear (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Moses (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert B. Mazur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Warren R. Stern (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

David A. Coulter represented by Barry A. Short LEWIS AND RICE 500 N. Broadway Suite 2000 St. Louis, MO 63102-2147 314-444-7600 Fax: 314-241-6056 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David H. Fry MUNGER TOLLES & OLSON LLP 560 Mission Street 27th Floor San Francisco, CA 94105-2907 415-512-4000 Fax: 415-512-4077 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey S. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Michael Clear (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Moses (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark H. Epstein MUNGER AND TOLLES 355 S. Grand Avenue 35th Floor Los Angeles, CA 90071-1560 213-683-9118 Fax: 213-687-3702 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Mazur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald L. Olson MUNGER AND TOLLES 355 S. Grand Avenue 35th Floor Los Angeles, CA 90071-1560 213-683-9118 Fax: 213-687-3702 LEAD ATTORNEY ATTORNEY TO BE NOTICED Warren R. Stern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Michael E. O'Neill represented by Barry A. Short (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David H. Fry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey S. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Michael Clear (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Moses (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark H. Epstein (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert B. Mazur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald L. Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Warren R. Stern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

John J. Higgins represented by Barry A. Short (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David H. Fry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey S. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Michael Clear (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Moses (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark H. Epstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Mazur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald L. Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Warren R. Stern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Marc D. Oken represented by Jeffrey S. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Michael Clear (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Moses (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert B. Mazur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Warren R. Stern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Bank of America represented by Jeffrey S. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Michael Clear

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Moses (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert B. Mazur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Warren R. Stern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Objector

Alison Desmond represented by Reed R. Kathrein MILBERG AND WEISS 100 Pine Street 26th Floor San Francisco, CA 94111 415-288-4545 Fax: 415-288-4534 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor

Ernesto Gumapas represented by Christopher P. Seefer MILBERG AND WEISS 100 Pine Street 26th Floor San Francisco, CA 94111 415-288-4545 Fax: 415-288-4534 LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Grant MILBERG AND WEISS 100 Pine Street 26th Floor San Francisco, CA 94111

415-288-4545 Fax: 415-288-4534 LEAD ATTORNEY ATTORNEY TO BE NOTICED Reed R. Kathrein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor

Sydney Sorkin represented by Christopher P. Seefer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Grant (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reed R. Kathrein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor

Herman Shyken represented by Christopher P. Seefer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Grant (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reed R. Kathrein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor

Carol Mackay Executrix of the estate of

represented by Jeffrey S. Kessinger 7304 Michigan Avenue St. Louis, MO 63111 314-369-5115

Fax: 208-474-9379 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Movant

JAS Securities, LLC represented by Andrew J. Entwistle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent R. Cappucci (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Milberg, Weiss, Bershad, Hynes & Lerach, LLP

represented by Christopher P. Seefer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John K. Grant (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Reed R. Kathrein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Wachovia Bank, National Association represented by Mark H. Levison LATHROP AND GAGE 10 S. Broadway Suite 1300 St. Louis, MO 63102-1708 314-613-2500 Fax: 314-613-2550 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Donald H. Clooney represented by Timothy R. Anderson CLOONEY AND ANDERSON 319 N. Fourth Street Suite 200 St. Louis, MO 63102 314-231-5855 Fax: 314-231-6909 Email: [email protected] ATTORNEY TO BE NOTICED

Movant

Chitwood and Harley, LLC represented by Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Martha A. Thompson represented by Martha A. Thompson 5120 Nebraska Avenue, N.W. Washington, DC 20008 PRO SE

Date Filed # Docket Text

10/15/1998 COMPLAINT filed; Summons Issued; filing fee $150 receipt #211939; Consents: 1; jury demand - Documents #5, 10 & 11 are in an expansion folder. (KLK) Modified on 03/09/1999 (Entered: 03/03/1999)

10/16/1998 CLASS ACTION COMPLAINT filed; Summons Issued and Notice pursuant to 28 USC 636 (c); filing fee $150 receipt #328883 jury demand (USDC/SDNY) - Document #11 is in an expansion folder. (KLK) Modified on 03/09/1999 (Entered: 03/03/1999)

10/16/1998 COMPLAINT filed and summons(es) issued; filing fee $150 receipt #211967 # Counts: 1; jury demand - Documents #2, 4 & 8 are in an expansion folder. (KLK) Modified on 03/09/1999 (Entered: 03/03/1999)

10/16/1998 AMENDED COMPLAINT by plaintiff Selma Kaiser in 4:99-cv-00343 [1-1] in 4:99-cv-00343, 4:99-md-01264; jury demand (USDC/EDNY) (KLK) (Entered: 03/03/1999)

10/16/1998 COMPLAINT; Summons Issued; Fee status pd entered on 10/16/98 in the amount of $150 (Receipt No. 132871); # Counts: 1; jury demand (USDC/NDCA) - Documents # 5, 7, 11, 13, 16, 21 & 22 are in expansion folders. (KLK) Modified on 03/09/1999 (Entered: 03/04/1999)

10/19/1998 COMPLAINT; # Summons Issued and Notice pursuant to 28 USC 636(c); Filing fee $150 Receipt # 328884 # Counts: 2; jury demand - (case from USDC/SDNY) (KLK) (Entered: 03/03/1999)

10/19/1998 COMPLAINT filed; Summons Issued and Notice pursuant to 28 USC 636(c); filing fee $150 receipt #328918 # Counts: 2; jury demand (USDC/SDNY) (KLK) (Entered: 03/03/1999)

10/20/1998 COMPLAINT filed and summons issued; # Counts: 1; filing fee $150 receipt #212060 jury demand (USDC/EDNY) - Documents #2, 4 & 5 are in expansion folders. (KLK) Modified on 03/09/1999 (Entered: 03/04/1999)

10/21/1998 COMPLAINT; # Counts: 1 jury demand (case from USDC/WDNC) - Documents #8, 24 & 25 are in expansion folders. (KLK) Modified on 03/09/1999 (Entered: 03/03/1999)

10/21/1998 CLASS ACTION COMPLAINT filed; Summons Issued and Notice pursuant to 28 USC 636(c); filing fee $150 Receipt #329046 # Counts: 2; jury demand (USDC/SDNY) (KLK) (Entered: 03/03/1999)

10/21/1998 CLASS ACTION COMPLAINT filed; Summons Issued and Notice pursuant to 28 USC 636(c); filing fee $150 receipt #329074 # Counts: 4; jury demand (USDC/SDNY) (KLK) (Entered: 03/03/1999)

10/21/1998 CLASS ACTION COMPLAINT filed; Summons Issued and Notice pursuant to 28 USC 636(c); filing fee $150 receipt #329085 # Counts: 4; jury demand (USDC/SDNY) (KLK) (Entered: 03/03/1999)

10/21/1998 COMPLAINT; Filing Fee $150 Receipt #84481 (USDC/WDNC) (KLK) (Entered: 03/03/1999)

10/23/1998 CLASS ACTION COMPLAINT; summons issued and notice pursuant to 28USC636(c); filing fee $150 receipt #329327; # Counts: 1; jury demand (case from USDC SDNY) (LJK) (Entered: 02/26/1999)

10/29/1998 COMPLAINT; Summons Issued # Counts: 2; jury demand; Filing fee $150, receipt #329721; SPITZER v. BANKAMERICA CORP from USDC/SDNY case # 98CIV7723(LAK) (KLK) Modified on 05/06/1999 (Entered: 05/05/1999)

11/02/1998 COMPLAINT; Summons Issued # Counts: 3; jury demand; Filing Fee $150, receipt #329906; HOWARD v. BANKAMERICA from USDC/SDNY case #98CIV7810(LAK) (KLK) Modified on 05/05/1999 (Entered: 05/05/1999)

11/03/1998 COMPLAINT; Summons Issued # Counts: 4; jury demand, Filing Fee $150, Receipt #330039; JOHNSTON v. BANKAMERICA from USDC/SDNY case #98CIV7875(LAK) (KLK) Modified on 05/05/1999 (Entered: 05/05/1999)

11/05/1998 COMPLAINT; # Summons Issued: no summons issued; jury demand; Willard Franks Trust V. Bankamerica from USDC SDIL (Benton) case number 4:98cv4321 (LJK) (Entered: 04/30/1999)

11/09/1998 COMPLAINT; Summons Issued # Counts: 4; jury demand, Filing Fee $150, receipt #330515; MONDELLO v. BANKAMERICA from USDC/SDNY case #98CIV8031(LAK) (KLK) Modified on 05/05/1999 (Entered: 05/05/1999)

11/13/1998 STIPULATION AND ORDER reset answer to complaint due for 12/11/98 for David A. Coulter for Hugh L. McColl Jr., for Bankamerica Corp (signed by Judged Lewis A. Kaplan)(cc: all counsel) (LJK) (Entered: 02/26/1999)

11/13/1998 COMPLAINT; Summons Issued # Counts: 2; jury demand, Filing Fee $150 Receipt #330767; ROOB v. BANKAMERICA from USDC/SDNY case #98CIV8108(LAK) (KLK) Modified on 05/05/1999 (Entered: 05/05/1999)

11/16/1998 COMPLAINT; Summons Issued # Counts: 1; jury demand, Filing Fee $150, Receipt #330966; MIDDLEKAUFF v. BANKAMERICA from USDC/SDNY case #98CIV8161 (KLK) Modified on 05/05/1999 (Entered: 05/05/1999)

11/17/1998 COMPLAINT in 4:98cv1912JCH; # Waivers of Service Issued: 4 # Counts: 6 # Consents: 5; jury demand (LJK) (Entered: 02/26/1999)

11/17/1998 RECEIPT # s99-001335 in the amount of $ 150 for filing fee in case 4:98cv1912JCH (LJK) (Entered: 02/26/1999)

11/17/1998 COMPLAINT; # Counts: 6; jury demand fee status pd entered on 11/17/98 in the amount of $150 receipt no. 133235 case transferred from USDC NDCA (FCE) (Entered: 02/05/2001)

11/23/1998 AMENDED COMPLAINT by plaintiff Phyllis A. Belman in 4:99-cv-00331, plaintiff Herbert Braker in 4:99-cv-00331, plaintiff Shirley Chess in 4:99-cv-00331, plaintiff Eleanor Satterfield in 4:99-cv-00331 # Counts: 1 [1-1] in 4:99-cv-00331, 4:99-md-01264; jury demand (USDC/WDNC) (KLK) (Entered: 03/03/1999)

11/23/1998 STIPULATION FOR DISMISSAL OF CASE by plaintiff Herbert Braker in 4:99-cv-00338, plaintiff Shirley Chess in 4:99-cv-00338 w/out prejudice pursuant to rule 41(a)(1)(i) (USDC/WDNC) (KLK) (Entered: 03/03/1999)

12/03/1998 COMPLAINT; Summons Issued # Counts: 3; jury demand, Filing Fee $150, Receipt 332050; MONTAGUE v. BANKAMERICA from USDC/SDNY case #98CIV8557 (KLK) Modified on 05/05/1999 (Entered: 05/05/1999)

12/04/1998 WAIVER OF SERVICE executed upon defendant James H. Hance Jr. in 4:99-cv-00711 on 11/16/98 (KLK) (Entered: 05/05/1999)

12/10/1998 CLASS ACTION COMPLAINT; Summons Issued # Counts: 1; Filing Fee $150.00 Receipt #332728 jury demand (Case transferred from USDC/SDNY) (KLK) (Entered: 10/17/2000)

12/14/1998 MOTION by movant Phyllis A. Belman, movant Herbert Braker, movant Shirley Chess, movant Eleanor Satterfield in case 4:98cv1912 for order for appointment oflead pltffs and approval of lead counsel w/exs A through F and proposed order attached (placed in expandable file folder) (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

12/14/1998 AMENDED COMPLAINT by Interlineation adding pltffs [0-1] in 4:98cv1912JCH (placed in expandable folder) (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

12/14/1998 MOTION by Schneider plaintiffs in 4:98cv1912 for order for appointment as lead pltffs and for approval of movants selection of lead counsel and executive committee w/memo in support and proposed order attached (in expandable file

folder) (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

12/14/1998 MOTION by movant Phyllis A. Belman in 4:99-cv-00680, movant Herbert Braker in 4:99-cv-00680, movant Shirley Chess in 4:99-cv-00680, movant Eleanor Satterfield in 4:99-cv-00680, for appointment of lead plaintiffs and approval of lead counsel order (LJK) Modified on 05/03/1999 (Entered: 04/30/1999)

12/15/1998 AMENDED COMPLAINT by plaintiff Deborah S. Lewis in 4:99-cv-00337, plaintiff Sylvia B. Piven in 4:99-cv-00337, plaintiff Joseph Cipollino in 4:99-cv-00337, plaintiff Richard J. Goldman in 4:99-cv-00337, plaintiff Eugene J. Howard in 4:99-cv-00337, plaintiff Carol Lawson in 4:99-cv-00337, plaintiff Lani Rothstein in 4:99-cv-00337, plaintiff Verkouteren Trust in 4:99-cv-00337, plaintiff Murray Zucker in 4:99-cv-00337, plaintiff Kathryn M. Johnston in 4:99-cv-00337, plaintiff Carl J. Mondello in 4:99-cv-00337, plaintiff Bruce Montague in 4:99-cv-00337, plaintiff Connie Middlekauff in 4:99-cv-00337, plaintiff Michael Spitzer in 4:99-cv-00337 # Counts: 1 [1-1] in 4:99-cv-00337, 4:99-md-01264; summons issued; jury demand (KLK) (Entered: 03/03/1999)

12/15/1998 MOTION by movant Schneider Plaintiffs in 4:99cv680 for leave to file instanter motion for appointment as lead pltfs and for approval of movants' selection of lead counsel and committee w/prop order, prop motion for appointment , prop memorandum of law and prop declaration PLACED IN EXPANSION FOLDER. (LJK) Modified on 05/04/1999 (Entered: 04/30/1999)

12/18/1998 RETURN OF SERVICE executed upon defendant BankAmerica Corp in 4:99-cv-00716, defendant Hugh L. McColl Jr. in 4:99-cv-00716, defendant David A. Coulter in 4:99-cv-00716 on 11/30/98 (KLK) (Entered: 05/05/1999)

12/21/1998 RESPONSE in opposition by Schneider plaintiffs to motion for order for appointment oflead pltffs and approval of lead counsel [0-1] in 4:98cv1912 (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

12/28/1998 MEMORANDUM by defendant BankAmerica Corp in opposition to motion for order for appointment as lead pltffs and for approval of movants selection of lead counsel and executive committee [0-1], to motion for order for appointment oflead pltffs and approval of lead counsel [0-1]; in 4:98cv1912 (in expandable file folder) (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

12/28/1998 MEMORANDUM by defendant BankAmerica Corp in 4:99-cv-00680, defendant Hugh L. McColl Jr. in 4:99-cv-00680, defendant James H. Hance Jr. in 4:99-cv-00680, defendant David A. Coulter in 4:99-cv-00680 in opposition to motion for appointment of lead plaintiffs and approval of lead counsel [0-1] in 4:99-md-01264, to motion for appointment of lead plaintiffs and approval of lead counsel [8-1] in 4:99-cv-00680 (LJK) (Entered: 04/30/1999)

12/31/1998 MEMORANDUM by movants Phyllis A. Belman, Braker, Chess and Satterfield in opposition to motion for order for appointment as lead pltffs and for approval of movants selection of lead counsel and executive committee [0-1], to motion for order for appointment oflead pltffs and approval of lead counsel [0-1] in 4:98cv1912 (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

12/31/1998 REPLY by movant Phyllis A. Belman in 4:99-cv-00680, movant Herbert Braker in 4:99-cv-00680, movant Shirley Chess in 4:99-cv-00680, movant Eleanor

Satterfield in 4:99-cv-00680, to response to motion for appointment of lead plaintiffs and approval of lead counsel [0-1] in 4:99-md-01264, 4:99-cv-00680, motion for leave to file instanter motion for appointment as lead pltfs and for approval of movants' selection of lead counsel and executive committee w/prop order, prop motion for appointment , prop memorandum of law and prop declaration [9-1] in 4:99-cv-00680, 4:99-md-01264 (LJK) Modified on 05/03/1999 (Entered: 04/30/1999)

01/06/1999 MEMORANDUM by movant Schneider Plaintiff in 4:99-cv-00680 in opposition to motion for appointment of lead plaintiffs and approval of lead counsel [0-1] in 4:99-md-01264, to motion for appointment of lead plaintiffs and approval of lead counsel [8-1] in 4:99-cv-00680 (LJK) (Entered: 04/30/1999)

01/08/1999 REPLY by Schneider plaintiffs to response to motion for order for appointment as lead pltffs and for approval of movants selection of lead counsel and executive committee [0-1], motion for order for appointment oflead pltffs and approval of lead counsel [0-1]; in 4:98cv1912 (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

01/13/1999 RETURN OF SERVICE executed upon defendant BankAmerica Corp. in 4:00-cv-01655 on 12/28/98 by personal service by serving Kathy Kenningston, Bank Officer (case trasnferred from USDC/SDNY) (KLK) (Entered: 10/17/2000)

01/13/1999 RETURN OF SERVICE executed upon defendant Hugh L. McColl Jr. in 4:00-cv-01655 on 12/28/98 by personal service by serving Kathy Kenningston, Bank Officer (case transferred from USDC/SDNY) (KLK) (Entered: 10/17/2000)

01/13/1999 RETURN OF SERVICE executed upon defendant David A. Coulter in 4:00-cv-01655 on 12/28/98 by personal service by serving Kathy Kenningston, Bank Officer (case transferred from USDC/SDNY) (KLK) (Entered: 10/17/2000)

01/13/1999 RETURN OF SERVICE executed upon defendant James H. Hance . in 4:00-cv-01655 on 12/28/98 by personal service by serving Kathy Kenningston, Bank Officer (case transferred from USDC/SDNY) (KLK) (Entered: 10/17/2000)

01/19/1999 MOTION by defendant BankAmerica Corp to extend to answer complaint to 2/12/99 (4:98cv1912) (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

02/12/1999 1 TRANSFER ORDER received from the MDL Panel establishing a multidistrict litigation: IN RE: BANKAMERICA CORP. SECURITIES LITIGATION; cases for consolidation of pretrial proceedings are: Philip Schier v. BankAmerica Corp., etal. CA No. 3:98-4009, Herbert Braker, et al. v. BankAmerica Corp., et al., CA No. 3:98-466, Phyllis A. Belman v. BankAmerica Corp., et al., CA No. 3:98-467, Selma Kaiser v. BankAmerica Corp., et al. CA No. 1:98-6297, Leo Luparello v. BankAmerica Corp., et al. CA No. 1:98-6326, Eugene P. Salvatti v. BankAmerica Corp., et al. CA No. 1:98-6359, Deborah S. Lewis et al. v. BankAmerica et al., CA No. 1:98-7346, T. Robert Verkouteren v. BankAmerica Corp., et al. CA No. 1:98-7348, Murray Zucker v. BankAmerica Corp., et al. CA No. 1:98-7359, Joseph Cipollino v. BankAmerica Corp., et al. CA No. 1:98-7434, Richard J. Goldman v. BankAmerica Corp., et al. CA No. 1:98-7445, Carol Lawson v. BankAmerica Corp., et al. CA No. 1:98-7449, Lani Rothstein v. BankAmerica Corp., et al. CA No. 1:98-7547 (cc: all counsel) (FCE) (Entered: 02/16/1999)

02/12/1999 2 ORDER by Honorable John F. Nangle governing the practices and procedures upon transfer pursuant to 28 USC 1407(a)....see order for specifics of how case will proceed through this court ; conference set for 3/16/99 at 10:00 with the Honorable John F. Nangle at the U.S. Courthouse in the Eastern District of Missouri (cc: all counsel) (FCE) (Entered: 02/16/1999)

02/12/1999 3 CONSENT by the EDMO signed by Chief Judge Jean C. Hamilton to the transfer and assignment of actions involved in MDL-1264 IN RE: BankAmerica Corp. Securities Litigation to the Honorable John F. Nangle for coordinated or consolidated pretrial proceedings purusant to 28 USC 1407 (FCE) Modified on 02/16/1999 (Entered: 02/16/1999)

02/12/1999 Notice of Motion: dismissal pursuant to Fed.R.Civ.P.9(b) and 12(b)(6) for failure to state a claim... by defendant BankAmerica Corp; in 4:98cv1912 (LJK) Modified on 02/26/1999 (Entered: 02/26/1999)

02/16/1999 4 LETTER to the Northern District of California requesting file from USDC-NDCA Philip Schier v. BankAmerica Corp CA No. 3:98-4009 re: Multidistrict Panel Transfer Order (2/12/99 - Interdistict transfer to EDMO MD-1264) (FCE) Modified on 02/16/1999 (Entered: 02/16/1999)

02/16/1999 5 LETTER to Western District of North Carolina requesting fils Herbert Braker et al v. BankAMerica Corp CA No. 3:98-466 and Phyllis A. Belman v. BankAmerica Corp CA No. 3:98-467 re: Multidistrict Panel Transfer Order (2/12/99 - Interdistrict transfer to EDMO MD-1264) (FCE) Modified on 02/16/1999 (Entered: 02/16/1999)

02/16/1999 6 LETTER to Eastern District of New York requesting files Selma Kaiser v. BankAmerica Corp CaNo. 1:98-6297, Leo Luparello v. BankAmerica Corp CA No. 1:98-6326, Eugene P. Salvati V. BankAmerica Corp CA No. 1:98-6359 re: Multidistrict Panel Transfer Order (2/12/99 - Interdistrict Transfer to EDMO MD-1264) (FCE) Modified on 02/16/1999 (Entered: 02/16/1999)

02/16/1999 7 LETTER to Sourthern District of New York requesting files Deborah S. Lewis v. BankAmerica Corp CA No. 1:98-7346, T. Robert Verkouteren v. BankAmerica Corp CA No. 1:98-7348, Murray Zucker v. BankAmerica Corp CA No. 1:98-7359, Joseph Cipollino v. BankAmerica Corp CA No. 1:98-7434, Richard J. Goldman v. BankAmerica Corp CA No. 1:98-7445, Carol Lawson v. BankAmerica Corp CA No. 1:98-7449, Lani Rothstein v. BankAmerica Corp CA No. 1:98-7547 re: Multidistrict Panel Transfer Order (2/12/99 - Interdistrict Transfer to EDMO MD-1264) (FCE) Modified on 02/16/1999 (Entered: 02/16/1999)

02/19/1999 ORDER by Honorable John F. Nangle from Multidistrict Litigation Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-312 transferred in from SDNY (cc: all counsel) (LJK) (Entered: 02/26/1999)

02/22/1999 8 RESPONSE to court by defts' In re BankAmerica Corp. (LGK) (Entered: 02/23/1999)

02/22/1999 9 NOTICE by In re BankAmerica Corp that a copy of the order was served on counsel in all related state or federal actions. (LGK) (Entered: 02/23/1999)

02/22/1999 ORDER by Honorable Jean C. Hamilton adding attorney from case 4:98cv1912 to

MDL case; Michael P. Casey, Martin M. Green, Joe D. Jacobson, Stuart H. Savett, Robert P. Frutkin, Barbara A. Podell, Bernard M. Gross, Deborah R. Gross, Richard Appleby for In re BankAmerica Corp , Case consolidated 4:99-md-1264 with member cases 4:98-cv-1912 (cc: all counsel) (LJK) (Entered: 02/26/1999)

03/01/1999 ORDER by Honorable John F. Nangle from Multidistrit Litigation Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-333 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 03/03/1999)

03/01/1999 ORDER by Honorable John F. Nangle from Multidistrict Litigaiton Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-331 transferred in from USDC/WDNC (cc: all counsel) (KLK) (Entered: 03/03/1999)

03/01/1999 ORDER by Honorable John F. Nangle from Multidistrict Litigation Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-332 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 03/03/1999)



03/01/1999 ORDER by Honorable John F. Nangle from Multidistrict Litigation Judicial Panell Case consolidated 4:99-md-1264 with member cases 4:99-cv-336 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 03/03/1999)


03/01/1999 ORDER by Honorable John F. Nangle from Multidistrict Litigation Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-338 transferred in from USDC/WDNC (cc: all counsel) (KLK) (Entered: 03/03/1999)

03/01/1999 ORDER by Honorable John F. Nangle from Multidistrict Litigation Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-341 transferred in from USDC/EDNY (cc: all counsel) (KLK) (Entered: 03/03/1999)


03/01/1999 ORDER by Honorable John F. Nangle from Multidistrict Litigation Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-348 transferred in from USDC/NDCA (cc: all counsel) (KLK) (Entered: 03/04/1999)


03/03/1999 10 ORDER by Honorable John F. Nangle ORDERED that the attorneys representing

the above-referenced parties submit their current telephone and fax numbers to the Clerk of this Court no later than 4:00 p.m. C.S.T., on 3/8/99. This information may be submitted in writing to David Braun, U.S. District Court, 1114 Market Street, Rm. 260, St. Louis, MO 63101. Send a courtesy copy to United States District Judge John F. Nangle, P.O. Box 8287, Savannah, GA 31412. (cc: all counsel) (LGK) (Entered: 03/08/1999)

03/12/1999 11 ORDER by MDL panel stating that 13 files have been transferred to the EDMO and assigned to Judge Nangle. No objections were filed. (cc: all counsel) (LGK) (Entered: 03/22/1999)

03/16/1999 12 MINUTES: before Honorable John F. Nangle. Parties present for status conference and hearing. Hearing and conference held. Parties to submit a proposed CMO. Leave granted to file a consolidated amended complaint. Page limitations on briefs, memoranda and responses limited to 25 pages. court reporter: Terry Hopwood; proceedings started: 10:05 a.m. - ended: 12:45 p.m. (LGK) (Entered: 03/22/1999)

03/18/1999 13 ORDER PARTIALLY VACATING TRANSFER ORDER by Honorable John F. Nangle re: our case no. 4:99cv338 JFN; North Carolina's case no. 3:98-466 (cc: all counsel) (LGK) (Entered: 03/30/1999)

03/30/1999 14 MOTION by pltfs' In re BankAmerica Corp in 4:99-md-01264 to extend time until 4/9/99 to file a consolidated amended complaint (LGK) (Entered: 03/31/1999)

03/31/1999 15 ORDER by Honorable John F. Nangle granting motion to extend time until 4/9/99 to file a consolidated amended complaint [14-1] (cc: all counsel) (DLB) (Entered: 03/31/1999)

04/06/1999 16 NOTICE by pltfs' of filing and request for entry of order appointing lead pltfs. and counsel in this cause In re BankAmerica Corp in 4:99-md-01264 (LGK) (Entered: 04/07/1999)

04/09/1999 17 FIRST CONSOLIDATED AMENDED COMPLAINT by In re BankAmerica Corp in 4:99-md-01264 # Counts: 14 Consents:; adding Earl J. Gates, Joseph Hempen, Robert Hepworth, John M. Koehler, David P. Oetting, Pamela Wootton, David Fike, Selma Kaiser, Brian Markee, Walter E. Ryan Jr., Patricia A. Thomas, Hugh L. McColl Jr., James H. Hance Jr., David A. Coulter, Michael E. O'Neill, John J. Higgins, Marc D. Oken, Charles E. Rice, Ray C. Anderson, Rita Bornstein, B. A. Bridgewater Jr., Thomas E. Capps, Alvin R. Carpenter, Charles W. Coker, Thomas G. Cousins, Andrew B. Craig III, Alan T. Dickson, Paul Fulton, C. Ray Holman, W. W. Johnson, Kenneth D. Lewis, Russell W. Meyer Jr., Richard B. Priority, John C. Slane, O. Temple Sloan Jr., Meredith R. Spangler, Albert E. Suter, Ronald Townsend, Jackie M. Ward, John A. Williams, Virgil R. Williams, Joseph Alibrandi, Peter Bedford, Richard Clarke, Timm Crull, Kathleen Feldstein, Donald Guinn, Frank Hope Jr., Walter Massey, Sanford Robertson, Richard Rosenberg, Michael Spence, Solomon Trujillo, Shirley Young to case(s) 4:99-md-01264,; jury demand (LGK) (Entered: 04/20/1999)

04/16/1999 18 MINUTES: before Honorable John F. Nangle. Parties present for telephone conference. Conference held. proceedings started: 3:00p.m. - ended: 3:45 p.m. (LGK) (Entered: 04/20/1999)

04/20/1999 19 ORDER APPOINTING LEAD PLAINTIFFS AND LEAD COUNSEL

PURSUANT TO 15 U.S.C. 78U-4 by Honorable John F. Nangle - *SEE ORDER FOR DETAILS* (cc: all counsel) (DLB) Original image was corrupt. Replaced with duplicate image from original order database. Modified on 10/8/2004 (FLJ, ). (Entered: 04/20/1999)

04/20/1999 20 TRANSCRIPT filed from status conference of 3/16/99; court reporter: Teri Hopwood (SET) (Entered: 04/22/1999)

04/22/1999 CONDITIONAL TRANSFER ORDER by MDL Judicial Panel - case consolidated 4:99md1264 with member cases 4:99cv711 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 05/05/1999)

04/22/1999 CONDITIONAL TRANSFER ORDER by MDL Judicial Panel - case consolidated 4:99md1264 with memer cases 4:99cv712 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 05/05/1999)


04/22/1999 CONDITIONAL TRANSFER ORDER by MDL Judical Panel - case consolidated 4:99md1264 with member cases 4:99cv714 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 05/05/1999)



04/22/1999 CONDITIONAL TRANSFER ORDER by MDL Judicial Panel - case consolidated 4:99md1264 with member cases 4:99cv717 transferred in from USDc/SDNY (cc: all counsel) (KLK) (Entered: 05/05/1999)

04/26/1999 21 LETTER from Clerk to Southern District of Illinois requesting their case file to be sent. (LGK) (Entered: 04/27/1999)

04/26/1999 22 LETTER from Clerk to Northern District of California requesting that their file be sent. (LGK) (Entered: 04/27/1999)

04/26/1999 23 LETTER from Clerk to Southern District of Illinois requesting that they send their case files. (LGK) (Entered: 04/27/1999)

04/29/1999 CONDITIONAL TRANSFER ORDER by Honorable John F. Nangle Case consolidated 4:99-md-1264 with member cases 4:99-cv-680 Case received from USDC SDIL (BENTON) #98cv4321 (cc: all counsel) (LJK) (Entered: 04/30/1999)

05/03/1999 24 MINUTES: before Honorable John F. Nangle. Parties present for telephone conference. Conference held. court reporter: n/a; proceedings started: 3:00 p.m. - ended: 3:45 p.m. (LGK) (Entered: 05/04/1999)

05/03/1999 25 CASE MANAGEMENT ORDER by Honorable John F. Nangle ORDERED...SEE ORDER... ; complex(3) track , (cc: all counsel) (LGK) (Entered: 05/04/1999)

05/03/1999 CASE MANAGEMENT ORDER by Honorable John F. Nangle; **SEE ORDER FOR DETAILS** complex(3) track (cc: all counsel) (DLB) (Entered: 05/19/1999)

05/03/1999 CASE MANAGEMENT ORDER by Honorable John F. Nangle ; **SEE ORDER FOR DETAILS** , complex(3) track (cc: all counsel)(DLB) (Entered: 05/19/1999)

05/04/1999 CONDITIONAL TRANSFER ORDER by MDL Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-711 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 05/05/1999)

05/04/1999 CONDITIONAL TRANSFER ORDER by MDL Judicial Panel Case consolidated 4:99-md-1264 with member cases 4:99-cv-712 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 05/05/1999)






05/05/1999 26 LETTER from all defendants' in 4:99-md-01264 stating the the defts' will move to dismiss the consolidated and amended complaint. The motion will be filed by 5/21/99. Also, the defts' will not oppose class certification. (LGK) (Entered: 05/06/1999)

05/21/1999 27 Notice of Motion: motion to dismiss by defendant John Michael Clear in 4:99-md-01264, defendant Hugh L. McColl Jr. in 4:99-md-01264, defendant James H. Hance Jr. in 4:99-md-01264, defendant David A. Coulter in 4:99-md-01264, defendant Michael E. O'Neill in 4:99-md-01264, defendant John J. Higgins in 4:99-md-01264, defendant Marc D. Oken in 4:99-md-01264, defendant Charles E. Rice in 4:99-md-01264, defendant Ray C. Anderson in 4:99-md-01264, defendant Rita Bornstein in 4:99-md-01264, defendant B. A. Bridgewater Jr. in 4:99-md-01264, defendant Thomas E. Capps in 4:99-md-01264, defendant Alvin R. Carpenter in 4:99-md-01264, defendant Charles W. Coker in 4:99-md-01264, defendant Thomas G. Cousins in 4:99-md-01264, defendant Andrew B. Craig III in 4:99-md-01264, defendant Alan T. Dickson in 4:99-md-01264, defendant Paul Fulton in 4:99-md-01264, defendant C. Ray Holman in 4:99-md-01264, defendant W. W. Johnson in 4:99-md-01264, defendant Kenneth D. Lewis in 4:99-md-01264, defendant Russell W. Meyer Jr. in 4:99-md-01264, defendant Richard B. Priority in 4:99-md-01264,

defendant John C. Slane in 4:99-md-01264, defendant O. Temple Sloan Jr. in 4:99-md-01264, defendant Meredith R. Spangler in 4:99-md-01264, defendant Albert E. Suter in 4:99-md-01264, defendant Ronald Townsend in 4:99-md-01264, defendant Jackie M. Ward in 4:99-md-01264, defendant John A. Williams in 4:99-md-01264, defendant Virgil R. Williams in 4:99-md-01264, defendant Joseph Alibrandi in 4:99-md-01264, defendant Peter Bedford in 4:99-md-01264, defendant Richard Clarke in 4:99-md-01264, defendant Timm Crull in 4:99-md-01264, defendant Kathleen Feldstein in 4:99-md-01264, defendant Donald Guinn in 4:99-md-01264, defendant Frank Hope Jr. in 4:99-md-01264, defendant Walter Massey in 4:99-md-01264, defendant Sanford Robertson in 4:99-md-01264, defendant Richard Rosenberg in 4:99-md-01264, defendant Michael Spence in 4:99-md-01264, defendant Solomon Trujillo in 4:99-md-01264, defendant Shirley Young in 4:99-md-01264 (LGK) (Entered: 05/24/1999)

05/24/1999 28 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that Local Rule 4.05 shall apply to all motions filed with the Clerk's Office. IT IS FURTHER ORDERED that the Local Rule 4.05 shall not apply to courtesy copies forwarded directly to this Court. The parties are directed to sent the Court courtesy copies of all motions, briefs, and other documents as they are filed by counsel. (cc: all counsel) (DLB) Modified on 05/24/1999 (Entered: 05/24/1999)

06/11/1999 29 TELECONFERENCE MINUTES: before Honorable John F. Nangle Teleconference held regarding coordinated discovery schedule. Length of teleconference: 1 hour. (DLB) Modified on 06/15/1999 (Entered: 06/15/1999)

06/18/1999 30 MOTION by NationsBank plaintiffs in 4:99-md-01264 for an extension of time to respond to defendants' motion to dismiss (DLB) Modified on 06/22/1999 (Entered: 06/21/1999)

06/21/1999 31 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiffs' motion for an extension of time is granted. Plaintiff's may file an opposition to the defendants' motion to dismiss on or before Friday, July 2, 1999. Defendants may file a reply to plaintiffs' opposition on or before Monday, July 26, 1999 in 4:99-md-01264 ; Motion Package ddl set for 7/26/99 in 4:99-md-01264 (cc: all counsel) (DLB) (Entered: 06/21/1999)

06/21/1999 32 MOTION by plaintiff in 4:99-md-01264 to lift stay of discovery (DLB) (Entered: 06/22/1999)

06/21/1999 33 MOTION by plaintiffs in 4:99-md-01264 to amend order appointing lead plaintiffs (DLB) (Entered: 06/22/1999)

06/21/1999 34 MOTION by plaintiffs in 4:99-md-01264 requesting class certification and appointment of class representatives w/proposed order attached. (DLB) (Entered: 06/22/1999)

06/28/1999 35 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion to lift stay of discovery [32-1] (DLB) (Entered: 06/30/1999)

06/30/1999 36 STATEMENT OF POSITION CONCERNING by defendants BankAmerica Corp in 4:99-md-01264 to motion requesting class certification and appointment of class representatives [34-1] (DLB) (Entered: 07/01/1999)

07/01/1999 37 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiff Rothstein's motion to dismiss case without prejudice [5-1] in 4:99-cv-00312 is granted. The action of Rothstein v. BankAmerica, 98CV7547 (S.D.N.Y), is hereby dismissed without prejudice, without cost to any parties, and without notice to putative class members. IT IS FURTHER ORDERED that Lani Rothstein is withdrawn as a named party, and the law firms of Milberg Weiss Hynes & Lerach and Kirby & Squire are hereby withdrawn as co-counsel for plaintiffs in the above-captioned consolidated proceedings. granting motion for order allowing the withdrawl of pltf. Rothstein and her consel from consolidated proceeding [5-2] in 4:99-cv-00312 (cc: all counsel) (DLB) (Entered: 07/01/1999)

07/01/1999 38 ORDER by Honorable John F. Nangle - On motion of the plaintiffs, and without opposition by defendants, the Court hereby appoints Kevin Kloster as an additional Lead Plaintiff on behalf of the NationsBank Purchaser Class previously defined by the Court. (cc: all counsel) (DLB) (Entered: 07/01/1999)

07/02/1999 TELECONFERENCE MINUTES: before Honorable John F. Nangle Length of teleconference: 1 hour. (DLB) (Entered: 07/07/1999)

07/06/1999 39 ORDER by Honorable John F. Nangle - IT IS HEEBY ORDERED that this case is certified as a class action pursuant to Rule 23 in 4:99-md-01264. The classes certified by the Court are the following: 1. The NATIONSBANK HOLDER CLASS, consisting of all common and preferred shareholders of NationsBank Corporation who were entitled to vote on the merger of NationsBank and Old BankAmerica or who held their shares in NationsBank as of the close of business on September 30, 1998; 2. The NATIONSBANK PURCHASER CLASS, consisting of all purchasers of NationsBank securities between August 4, 1998, and September 30, 1998; 3. The BANKAMERICA HOLDER CLASS, consisting of all common and preferred shareholders of Old BankAmerica Corporation who were entitled to vote on the merger of NationsBank and Old BankAmerica or who held their shares in Old BankAmerica as of the close of business on September 30, 1998; and 4. The BANKAMERICA PURCHASER CLASS, consisting of all purchasers of BankAmerica Corporation securities between August 4, 1998, and October 13, 1998. Excluded from all classes are: ... IT IS FURTHER ORDERED that the following lead plaintiffs are hereby certified as class representatives for each of the classes, respectively: NationsBank Holder Class - Joseph Hempen, John M. Koehler and David P. Oetting NationsBank Purchaser Class - Kevin Kloster; BankAmerica Holder Class - Selma Kaiser and Walter E. Ryan, Jr.; BankAmerica Purchaser Class - Brian Markee. IT IS FURTHER ORDERED that the remaining lead plaintiffs may be appointed as additional class representatives for their respective classes either upon stipulation of the parties or by further order of this Court. IT IS FURTHER ORDERED that the parties confer for purposes of agreeing upon a procedure to provide notice of this certified class action to all persons entitled to receive notice of pendency of the action pursuant to Rule 23 of the Federal Rules of Civil Procedure. The parties will within a reasonable period of time propose to the Court their recommendations for the procedures to be used to provide notice to the members of each of the Classes certified herein. The parties shall consult with each other to determine the language to be used in the notice to the class members. The notice shall include provisions for the opting-out by individual class members. The parties' agreed-upon notice shall be submitted to the Court for its approval prior to distribution. If the parties are unable to agree on the

form of the notice, they will submit to the Court such language as they are able to agree upon as well as their additional suggestions. IT IS FURTHER ORDERED that BankAmerica Corporation shall provide plaintiffs' lead counsel a list of the names and last known address of all persons known by the company to fall within one or more of the certified classses. Such list shall be provided in such computer-readable format or formats reasonsbly requested by plaintiffs' counsel and will be used by plaintiffs' counsel to provide individualized mailings of the notice to such class members. Such individuals mailings shall not be made until agreed by the parties or otherwise ordered by the Court. (cc: all counsel) (DLB) Modified on 03/06/2000 Original image was corrupt. Replaced with duplicate image from original order database. Modified on 10/8/2004 (FLJ, ). (Entered: 07/06/1999)

07/19/1999 40 ORDER by Honorable John F. Nangle granting plaintiffs' motion to lift stay of discovery [32-1] to the extent that the plaintiffs shall have access to the same discovery materials that are or have been provided to the California plaintiffs in 4:99-md-01264 (cc: all counsel) (DLB) (Entered: 07/19/1999)

07/19/1999 41 UNOPPOSED MOTION by defendants in 4:99-md-01264 for and extension of time in which to file a reply brief in support of motion to dismiss first consolidated and amended clase action complaint up to and including 7/30/99 (DLB) (Entered: 07/20/1999)

07/20/1999 42 ORDER by Honorable John F. Nangle granting motion for and extension of time in which to file a reply brief in support of motion to dismiss first consolidated and amended clase action complaint up to and including 7/30/99 [41-1] in 4:99-md-01264. Defendant shall file their reply brief no later than 7/30/99, and shall forward a copy of their brief to the Savannah address to be received no later than 3:00pm E.S.T. on 7/30/99. (cc: all counsel) (DLB) (Entered: 07/20/1999)

07/23/1999 43 NOTICE by plaintiffs in 4:99-md-01264 of change of address of attorneys Andrew M. Schatz and Jeffrey S. Nobel (pc: OSU) (DLB) (Entered: 07/28/1999)

07/30/1999 44 MOTION by defendant in 4:99-md-01264 to dismiss w/memorandum in support attached and exhibits A-K PLACED IN EXPANSION FOLDER. (DLB) (Entered: 08/02/1999)

07/30/1999 45 MEMORANDUM by BankAmerica plaintiffs in 4:99-md-01264 in opposition to motion to dismiss [44-1] w/attachement. (DLB) (Entered: 08/02/1999)

07/30/1999 46 BRIEF NationsBank by plaintiffs in 4:99-md-01264 in opposition to defendants' motion to dismiss [44-1] (DLB) (Entered: 08/02/1999)

07/30/1999 47 REPLY MEMORANDUM by defendant in 4:99-md-01264 in support of defendants' motion to dismiss [44-1] (DLB) (Entered: 08/02/1999)

09/02/1999 48 MOTION by BankAmerica Corp in 4:99-md-01264, defendant Hugh L. McColl Jr. in 4:99-md-01264, defendant James H. Hance Jr. in 4:99-md-01264, defendant David A. Coulter in 4:99-md-01264 for Stephen H. Rovak, Kimberly L. Cofmann to withdraw as attorneys (DLB) (Entered: 09/03/1999)

10/01/1999 49 ORDER by Honorable John F. Nangle granting motion for Stephen H. Rovak, Kimberly L. Cofmann to withdraw as attorneys [48-1] in 4:99-md-01264 (cc: all counsel) (DLB) (Entered: 10/01/1999)

10/22/1999 50 COPY OF LETTERS from defendants in 4:99-md-01264 mailed to Judge Nangle dated 8/4/99, 8/30/99 and 10/21/99 w/cases germane to the pending motion to dismiss. (DLB) Modified on 10/26/1999 (Entered: 10/26/1999)

11/08/1999 51 COPY OF LETTER from Warren Stern In re BankAmerica Corp in 4:99-md-01264 w/court cases attached in support of its motion for summary judgment. (DLB) (Entered: 11/09/1999)

11/08/1999 52 PROPOSED STIPULATED PROTECTIVE ORDER submitted by the parties In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 11/09/1999)

11/08/1999 53 STIPULATED PROTECTIVE ORDER by Honorable John F. Nangle - See Order for details. (cc: all counsel) (DLB) (Entered: 11/09/1999)

11/22/1999 MOTION by plaintiffs In re BankAmerica Corp in 4:99-md-01264 for an injunction barring the prosecution of related state court class actions w/brief in support and proposed injunction attached. (DLB) Modified on 04/11/2000 (Entered: 04/11/2000)

12/01/1999 54 TELEPHONE CONFERENCE MINUTES: before Honorable John F. Nangle - Telephone conference held between court and counsel. court reporter: n/a; proceedings started: 2:00pm EST - ended: 3:00 EST (DLB) (Entered: 12/03/1999)

12/10/1999 55 SPECIALLY APPEARING GIORGETTI PLAINTIFFS' APPENDIX OF UNPUBLISHED CASES CITED IN OPPOSITION TO NATIONSBANK PLAINTIFFS' MOTION OF INJUNCTION OF GIORGETTI CALIFORNIA STATE COURT ACTION filed by specially appearing Giorgetti plaintiffs in 4:99-md-01264 w/exhibits 1-6 attached [PLACED IN EXANSION FOLDER] (DLB) (Entered: 12/15/1999)

12/10/1999 56 SPECIALLY APPEARING GIORGETTI PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO NATIONSBANK PLAINTIFFS' MOTION FOR INJUNCTION OF GIORGETTI CALIFORNIA STATE COURT ACTION filed by speciall appearing Giorgetti plaintiffs in 4:99-md-01264 [PLACED IN EXPANSION FOLDER] (DLB) Modified on 10/18/2000 (Entered: 12/15/1999)

12/10/1999 57 DECLARATION OF MARIA SETH WEINER IN SUPPORT OF SPECIALLY APPEARING GIORGETTI PLAINTIFFS' OPPOSITION TO NATIONSBANK PLAINTIFFS' MOTION FOR INJUNCTION OF GIORGETTI CALIFORNIA STATE COURT ACTION by Maria Seth Weiner attorney for specially appearing Giorgetti plaintiffs in 4:99-md-01264 w/exhibits A-R attached. [PLACED IN EXPANSION FOLDER] (DLB) (Entered: 12/15/1999)

12/13/1999 58 LETTER TO COURT from dfts' attorney Jonathan M. Moses w/ copy of memorandum opinion In Re Lukens Inc. Shareholders Litigation in re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 12/15/1999)

12/14/1999 59 RESPONSE OF DESMOND PLAINTIFFS TO MOTION FOR INJUNCTION BARRING PROSECUTION OF RELATED STATE COURT ACTIONS by Desmond plaintiffs in 4:99-md-01264 [PLACED IN EXPANSION FOLDER] (DLB) (Entered: 12/15/1999)

12/14/1999 60 DECLARATION OF REED R. KATHREIN IN SUPPORT OF RESPONSE OF

DESMOND PLAINTIFFS TO MOTION FOR AN INJUNCTION BARRING PROSECUTION OF RELATED STATE COURT CLASS ACTIONS by Reed. R. Kathrein attorney for Desmond plaintiffs in 4:99-md-01264 w/exhibits A-P attached [PLACED IN EXPANSION FOLDER] re [59-1] (DLB) (Entered: 12/15/1999)

12/15/1999 61 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that defendants' motion to dismiss [44-1] in 4:99-md-01264 is granted in part and denied in part. Specifically, IT IS HEREBY ORDERED that Count I is sufficient to state a claim for violation of Section 14(a) and Rule 14a-5. Defendants' motion to dismiss is denied with respect to this Count. IT IS FURTHER ORDERED that Count II is dismissed for failure to state a claim with respect to defendants Higgins, Coulter, and O'Neill with leave to replead. However, Count II is sufficient to state a claims for violatioin of Section 20(a) against all other Insider Defenants, and defendants' motion to dismiss is denied with respect to these defendants. IT IS FURTHER ORDERED that Count III is dismisssed for failure to state a claim with respect to all non-officer director defendants with leave to replead. However, Count III is sufficient to state a claim for violation of state law against all other Registration Defendants, and defendants motion to dismiss is denied with respect to these defendants. IT IS FURTHER ORDERED that Count IV is sufficient to state a claim for violation of Section 10(b) and Rule 10b-5. Defendants motion to dismiss is denied with respect to this Count. IT IS FURTHER ORDERED that Count V is dismissed for failure to state a claim with respect to defendants Higgins, Coulter, and O'Neill with leave to replead. However, Count V is sufficient to state a claim for violation of Section 20(a) against all other Insider Defendants, and defendants' motion to dismiss is denied with respect to these defendants. IT IS FURTHER ORDERED that Counts VI and VII are dismissed for failure to state a claims with respect to all non-officers with leave to replead. However, Counts VI and VII are sufficient to state a claim for violation of Sections 11 and 12(a)(2) against all other Registration Defendants, NBA, and the Insider Defendants, and defendants' motion to dismiss is denied with respect to these defendants. IT IS FURTHER ORDERED that Count VII is dismissed for failure to state a claim with respect to defendants Higgins, Coulter, and O'Neill with leave to replead. However, Count VIII is sufficient to state a claim for violation of Section 15 against all other Insider Defendants, and defendants' motion to dismiss is denied with respect to these defendants. IT IS FURTHER ORDERED that Counts IX and X are dismissed with prejudice for failure to state a claim for violation of Section 14(a) and Rule 14a-9. IT IS FURTHER ORDERED that Count XII is dismissed for failure to state a claim with respect to all non-officer director defendants with leave to replead. However, Count XII is sufficient to state a claim for violation of state law against all other OBA Director Defendants, and defendants' motion to dismiss is denied with respect to these defendants. IT IS FURTHER ORDERED that Counts XIII and XIV are sufficient to state a claim for violation of Sections 10(b) and 20(a) and Rule 10b-5. Defendants' motion to dismiss is denied with respect to these Counts. (cc: all counsel) (DLB) (Entered: 12/15/1999)

12/15/1999 61 PUBLISHED Order dated: 12/15/99 - Copy of order and list of attorneys mailed to Westlaw, Lawyers Weekly, Lexis-Nexis and The Bureau of National Affairs (DLB) Modified on 12/16/1999 (Entered: 12/16/1999)

12/21/1999 62 LETTER from Warren Stern In re BankAmerica Corp in 4:99-md-01264 re: the

removal of the DESMOND case to the federal court in the Northern District of California. (DLB) (Entered: 12/21/1999)

12/23/1999 63 MOTION by BankAmerica Holder Class defendants In re BankAmerica Corp in 4:99-md-01264 for reconsideration and clarification w/memorandum in support and proposed order attached. (DLB) (Entered: 12/28/1999)

12/27/1999 64 COPY OF LETTER from BankAmerica defendants local cousnel In re BankAmerica Corp in 4:99-md-01264 w/copy of defendants motion to transfer the Desmond case currently pending in the Northern District of California. (DLB) (Entered: 12/28/1999)

12/28/1999 65 COPY OF LETTER from Warrent Stern to Judge Nangle In re BankAmerica Corp in 4:99-md-01264 regarding developments in the Desmond v. BankAmerica case w/copy of order issued by Hon. Charles R. Breyer, District Judge. (DLB) (Entered: 12/30/1999)

12/29/1999 66 UNOPPOSED MOTION by defendants' in 4:99-md-01264 for an extension of time in which to file an answer to the first consolidated and amended class action complaint up to and including 1/20/00 (DLB) (Entered: 12/30/1999)

01/03/2000 67 UNOPPOSED MOTION by defendants In re BankAmerica Corp in 4:99-md-01264 for an extension of time in which to file a response to plaintiffs' motion for reconsideration and clarification filed on behalf of the BankAmerica Holder Class up to and including 1/10/00 (DLB) Modified on 01/05/2000 (Entered: 01/04/2000)

01/04/2000 68 UNOPPOSED AMENDED MOTION by defendants In re BankAmerica Corp in 4:99-md-01264 for and extension of time in which to file a response to plaintiffs' motion for reconsideration and clarification file on behalf of the BankAmerica holder class up to and including 1/10/00 (DLB) Modified on 01/05/2000 (Entered: 01/05/2000)

01/05/2000 69 RULED DOCUMENT by Honorable John F. Nangle granting motion for and extension of time in which to file a response to plaintiffs' motion for reconsideration and clarification file on behalf of the BankAmerica holder class up to and including 1/10/00 [68-1] (cc: all counsel) (DLB) (Entered: 01/06/2000)

01/06/2000 70 RULED DOCUMENT by Honorable John F. Nangle granting motion for an extension of time in which to file an answer to the first consolidated and amended class action complaint up to and including 1/20/00 [66-1] (cc: all counsel) (DLB) (Entered: 01/11/2000)

01/10/2000 71 MEMORANDUM by BankAmerica Holder Class In re BankAmerica Corp in 4:99-md-01264 in opposition to motion for reconsideration [63-1], to motion clarification [63-2] (DLB) (Entered: 01/11/2000)

01/11/2000 72 MOTION by NationsBank Class In re BankAmerica Corp in 4:99-md-01264 to amend the first consolidatted and amended class action complaint by interlineation (DLB) (Entered: 01/12/2000)

01/12/2000 73 LETTER TO COUNSEL (treated as "ORDER") by Honorable John F. Nangle re: conference conference set 3/15/00 at 10:30am (cc: all counsel) (DLB) (Entered: 01/12/2000)

01/12/2000 74 LETTER from Warrent Stern In re BankAmerica Corp in 4:99-md-01264 re: update on the status of the Desmond case w/exhibits A,B,C attached. (DLB) (Entered: 01/18/2000)

01/18/2000 75 REPLY MEMORANDUM IN FURTHER SUPPORT OF by In re BankAmerica Corp in 4:99-md-01264 BankAmerica's Holder Class' to motion for reconsideration [63-1], motion clarification [63-2] (DLB) (Entered: 01/19/2000)

01/18/2000 76 LETTER to Court from Warren Stern In re BankAmerica Corp in 4:99-md-01264 re: status of the Desmond case. (DLB) (Entered: 01/20/2000)

01/20/2000 77 ANSWER In re in 4:99-md-01264, by defendants in 4:99-md-01264 to [17-1] (DLB) Modified on 01/26/2000 (Entered: 01/24/2000)

01/26/2000 78 LETTER from Warren Stern In re BankAmerica Corp in 4:99-md-01264 re: 2/10/00 hearing in the Northern District of California on plaintiff's motion to remand and consolidate the DESMOND case with MDL 1264. (DLB) (Entered: 01/26/2000)

01/26/2000 79 MEMORANDUM by defendants In re BankAmerica Corp in 4:99-md-01264 in opposition to motion to amend the first consolidatted and amended class action complaint by interlineation [72-1] (DLB) (Entered: 01/27/2000)

01/27/2000 80 COPY OF LETTER from Scott M. Badami In re BankAmerica Corp in 4:99-md-01264 to the Panel on Multidistrict Litigation w/copy of the Reply Brief in Support of BankAmerica Defendant's motion to transfer to the Eastern District of Missouri for Consolidated and/or Coordinated Pretrial Proceedings. (DLB) (Entered: 02/01/2000)

02/25/2000 81 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the parties confer forthwith and prepare a proposed agenda for the conference. Said agenda shall be filed with the Clerk of the Court in St. Louis no later than 3pm(C.S.T.) on Friday, March 10, 2000. The Court anticipates ruling on the BankAmerica Holder Class' motion for reconsideration and the NationsBank Classes' motion to amend the first consolidated and amended class action complaint before the status conference. (cc: all counsel) (DLB) (Entered: 02/28/2000)

03/03/2000 82 LETTER from attorney Jonathan Moses In re BankAmerica Corp in 4:99-md-01264 re: Desmond case. Action remanded to state court on the grounds of prematurity. (copy of order attached) (DLB) Modified on 04/14/2000 (Entered: 03/06/2000)

03/08/2000 83 ORDER DEEMING MOTION MOOT AND VACATING THE MARCH 30, 2000 HEARING by Honorable John F. Nangle in re: Allison Desmond v. BankAmerica, Corp., et al., - IT IS THEREFORE ORDERED that defendants' motion to transfer under 28 U.S.C. 1407 be, and the same hereby is DEEMED MOOT. IT IS FURTHER ORDERED that the Hearing Order and and attached schedule filed on 2/14/00, be and the same hereby are, VACATED insofar as they relate to the above captioned action. (cc: all counsel) (DLB) (Entered: 03/09/2000)

03/09/2000 84 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the BankAmerica Holder Class plaintiffs' motion for reconsideration and clarification [63] is granted. IT IS FURTHER ORDERED that Counts IX and X are dismissed

for failure to state a claim with leave to replead. (cc: all counsel) (DLB) (Entered: 03/09/2000)

03/09/2000 85 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the NationsBank Classes' motion to amend the first consolidated and amended class action complaint by interlineation [72-1] is granted in part and denied in part. IT IS FURTHER ORDERED that Counts V and VIII are deemed amended to read: Each of the Insider Defendants was a control person of New BankAmerica (or its predecessors) by virtue of his positions as a director and/or senior officer of New BankAmerica (or its predecessors). IT IS FURTHER ORDERED that Count II shall not be deemed amended because the proposed amendement is unable to withstand Rule 12(b)(6) motion to dismiss. Plaintiffs may replead this Count provided they can properly allege control by defendants Coulter, Higgins, and O'Neill over the general activities of NationsBank at the time the proxy was issued. (cc: all counsel) (DLB) (Entered: 03/09/2000)

03/10/2000 86 PROPOSED AGENDA FOR CONFERENCE ON MARCH 15, 2000 submitted by the parties In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 03/13/2000)

03/15/2000 87 STATUS CONFERENCE MINUTES: before Honorable John F. Nangle Status conference held court reporter: n/a; proceedings started: 10:55am ended: 3:05am (DLB) (Entered: 03/16/2000)

03/23/2000 88 DEFENDANTS' ANSWER BY INTERLINEATION TO PLAINTIFFS' AMENDEMENT BY INTERLINEATION TO THE FIRST CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT by In re BankAmerica Corp in 4:99-md-01264 - Defendants deny the revised averments of paragraphs 155 and 176. (DLB) (Entered: 03/23/2000)

03/23/2000 89 MOTION by In re BankAmerica Corp in 4:99-md-01264 for clarification w/memorandum in support attached. (DLB) (Entered: 03/23/2000)

04/06/2000 90 MOTION by plaintiffs In re BankAmerica Corp in 4:99-md-01264 for enty of an order authorizing plaintiffs to publish the attached proposed class notice w/notice attached. (DLB) (Entered: 04/11/2000)

04/10/2000 91 REQUEST by plaintiffs In re BankAmerica Corp in 4:99-md-01264 for oral argument on pending motion for an injunction. (DLB) Modified on 04/12/2000 (Entered: 04/11/2000)

04/11/2000 92 BRIEF IN SUPPORT submitted by In re BankAmerica Corp in 4:99-md-01264 re: request for oral argument [91-1], re: motion for an injunction barring the prosecution of related state court class actions [0-1] (DLB) (Entered: 04/12/2000)

04/11/2000 93 FAX COPY OF LETTER from Warren Ster In re BankAmerica Corp in 4:99-md-01264 regarding request for oral argument and Abbey letter of 4/10/00. (DLB) (Entered: 04/18/2000)

04/14/2000 94 NOTICE OF JOINDER IN THE MOTION FOR AN INJUNCTION BARRING THE PROSECUTION OF RELATED STATE COURT CLASS ACTIONS by In re BankAmerica Corp in 4:99-md-01264 by BankAmerica plaintiffs' (DLB) (Entered: 04/18/2000)

04/14/2000 95 TELECONFERENCE MINUTES: before Honorable John F. Nangle Conference held between court and counsel. proceedings started: 4:00pm (EST) - ended: 5:00pm (EST) (DLB) Modified on 04/19/2000 (Entered: 04/18/2000)

04/17/2000 96 MEMORANDUM IN RESPONSE by defendants In re BankAmerica Corp in 4:99-md-01264 to motion for an injunction barring the prosecution of related state court class actions [0-1] (DLB) (Entered: 04/18/2000)

04/18/2000 97 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the NationsBank plaintiffs' motion for oral argument on the motion for injunction is denied. (cc: all counsel) (DLB) (Entered: 04/18/2000)

04/18/2000 98 ORDER by Honorable John F. Nangle granting plaintiffs' motion for an order authorizing plaintiffs to publish the attached proposed class notice [90-1], proivided plaintffs' correct the notice as indicated above. (cc: all counsel) (DLB) (Entered: 04/18/2000)

04/20/2000 99 SPECIALLY APPEARING GIORGETTI PLAINTIFFS' OBJECTIONS In re BankAmerica Corp in 4:99-md-01264 to BankAmerica plaintiffs' notice of joinder [94-1], in the motion for an injuction of GIORGETTI California State Court Action [0-1] (DLB) Modified on 04/24/2000 (Entered: 04/20/2000)

04/25/2000 100 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiffs' motion for an injunction barring the prosecution of related state court class actions [0-1] is granted in part and denied in part. IT IS FURTHER ORDERED that all named plaintiffs in the case styled Allison Desmond, et al., v. BankAmerica Corporation, et al., Case No. 998629 (condolidated with case numbers 998652, 998659, 998701, and 998909) pending in the Superior Court of the Ste of California for the County of San Francisco, including but not limited to Allison Desmond, Bruce O' Such, Dr. Herman Shyken, Mark Luniewski, Ted Kraftsow, Ernesto Gumapas, and Sidney Sorkin, and all persons, agents, representatives or employees acting in concert with them or on their behalf are hereby enjoined from prosecuting any claims arising out of or relating to (a) the September 30, 1998 merger between the former BankAmerica Corporation and the former NationsBank Corporation and (b) alleged non-disclosures or misrepresentations concerning the former BankAmerica Corporations' relationship with D.E. Shaw & Company and related entities, including but not limited to the claims asserted in the Desmond case, on behalf of one or more classes consisting of shareholders in new BankAmerica Corporation or any of its predecessors. Prosecution includes participation in mediation, arbitration, or any other alternative dispute resolution in the Desmond action, whether court-ordered or otherwise. IT IS FURTHER ORDERED that the Superior Court of the State of California for the County of San Francisco is hereby enjoined from certifying any classes in the Desmond action consisting of shareholders in new BankAmerica Corporation or any of its predecessors in relation to any of the above described claims. IT IS FURTHER ORDERED that the Superior Court of the State of California for the County of San Francisco is hereby injoined from ordering any mediation, arbitration,or other alternative dispute resolution in the Desmond action. The Superior Court is hereby ordered to stay any such alternative dispute resolution previously ordered by that court. IT IS FURTHER ORDERED that the following opt-out procedures are adopted for the named plaintiffs in the Desmond action, as identified above: 1. For a period of 30 days fromthe date of this Injunction, all Desmond plaintff may elect

ot opt out of the plaintff classes presently certified by this Court. Any such plaintiff electing to opt out shall inform the Court of such election by filing a notice in writing with the Clerk of the Court within the 30 day period. 2. Any Demond plaintiff who elects to opt out pursuant to the preceeding paragraph shall be permitted to continue to prosecute his, her or its claims in the California Superior Court on an individual basis only, without representation of any purported class. 3. Any Desmond plaintiff who does not file a written notice of election to opt out within 30 days of the date of this Order will be deemed to have declined to opt out. The decision not to opt out within this period will be without prejudice to the Desmond plaintff's righ to opt out of the class at the time said right is offered to class members generally. 4. The decision of a Desmond plaintiff shall not be permitted to rejoin his, her or its class in the future. IT IS FURTHER ORDERED that the Clerk of Court shall serve copies of this Order upon the law firms of Crochett, Pitrie & Simon; Milberg Weiss Bershad Hynes & Lerach; and Gold, Bennett & Cera LLP; counsel for the state court plaintiffs, and upon the Superior Court of the State of California for the County of San Francisco. The counsel for the Desmond plaintiffs are hereby ordered to promptly provide copies of this Order to each client named as a plaintiff in that case. IT IS FURTHER ORDERED that this injunction and restraint will continue in effect until further action of order of this Court or the entry of final judment in all of the proceedings under MDL 1264. (cc: all counsel) (DLB) (Entered: 04/25/2000)

04/25/2000 PUBLISHED - order dated: 4/25/00 (DLB) (Entered: 04/27/2000)

05/01/2000 101 ORDER by Honorable John F. Nangle - IT IS HEREBY that defendants' motion for clarify [89-1] is granted. The order of 3/9/00 is clarified as described above. The remainder of the Order stands as issued. (cc: all counsel) (DLB) (Entered: 05/01/2000)

05/01/2000 102 NOTICE OF APPEAL filed by In re BankAmerica Corp in 4:99-md-01264 re: the District Court decision ; [100-1] fee: $ 105.00 paid w/appellant form A attached. (DLB) Modified on 05/02/2000 (Entered: 05/02/2000)

05/01/2000 103 RECEIPT # S2000-5899 in the amount of $ 105.00 for appeal fee (DLB) (Entered: 05/02/2000)

05/09/2000 104 MOTION by In re BankAmerica Corp in 4:99-md-01264 to amend initial class notice w/copy of notice attached. (DLB) (Entered: 05/10/2000)

05/09/2000 105 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiffs' motion to amend initial class notice [104-1] is granted. Plaintiffs' counsel are directed to publish the amended notice forthwith. (cc: all counsel) (DLB) (Entered: 05/10/2000)

05/09/2000 COMPLAINT; # Waivers of Service Issued: 44 # Counts: 14 # Consents: 45; jury demand (case 4:00cv764SNL) (LJK) Modified on 07/27/2000 (Entered: 07/27/2000)

05/09/2000 RECEIPT # s2000-006117 in the amount of $ 150 for filing fee (in case 4:00cv764SNL) (LJK) (Entered: 07/27/2000)

05/10/2000 106 NOTICE OF ELECTION TO OPT OUT OF PLAINTIFF CLASSES CERTIFIED by Lanie Rothstein's In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered:

05/15/2000)

05/10/2000 107 NOTICE OF ELECTION TO OPT OUT OF PLAINTIFF CLASSES by Allison Desomond In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 05/15/2000)

05/17/2000 DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal (Plaintiff) filed 5/1/00, 2 Certified Copies of Clerk's Docket entries and 2 copies of PUBLISHED ORDER (JFN) filed 4/25/00. cc:NOA to Judge Nangle. cc:NOA, USCA letter and clerk's docket entries to parties. (FCE) (Entered: 05/17/2000)

05/22/2000 108 MOTION by DESMOND PLAINTIFFS In re BankAmerica Corp in 4:99-md-01264 to stay, suspend or modify the orders of 4/25/00 and 5/9/00 w/declaration of Christopher P. Seefer w/exhibits 101 PLACED IN EXPANSION FOLDERS (DLB) (Entered: 05/22/2000)

05/23/2000 109 DECLARATION OF BJORN I. STEINHOLT In re BankAmerica Corp in 4:99-md-01264 in suppor tof the Desmond plaintiffs' motion to stay, suspend or modify orders of 4/25/00 and 5/9/00 [108-1] (DLB) (Entered: 05/23/2000)

05/24/2000 110 NOTICE OF EXECTION TO OPT OUT OF PLAINTIFF CLASSES CERTIFIED BY THE U.S. DISTRICT COURT by Ted Kraftsow In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 05/25/2000)

05/24/2000 111 NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 00-2255; appendix method 6/2/00; designation - appellant 6/2/00; appellee 6/12/00; joint appendix 7/3/00; briefs: appellant 7/3/00; appellee 8/1/00; reply 8/15/00. (DLB) (Entered: 05/26/2000)

05/25/2000 112 NOTICE OF ELECTION TO OPT OUT OF PLAINTIFF CLASSES by Mark Luniewski In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 05/26/2000)

05/26/2000 113 LETTER from USCA: USCA # 00-2255 re: changing caption of case (LGK) (Entered: 05/31/2000)

05/26/2000 114 NOTICE by Bruce O'Such to opt out of pltf. classes certified by the USDC, EdMO (LGK) (Entered: 06/01/2000)

05/31/2000 115 MEMORANDUM in support of motion for additional time to respond to DESMOND pltfs' motion to stay by plaintiffs' in 4:99-md-01264 (LGK) (Entered: 06/01/2000)

05/31/2000 116 ORDER by Honorable John F. Nangle denying motion to stay, suspend or modify the orders of 4/25/00 and 5/9/00 [108-1] (cc: all counsel) (LGK) (Entered: 06/01/2000)

05/31/2000 MOTION by NationsBank plaintiffs In re BankAmerica Corp in 4:99-md-01264 for additional time to respond to DESMOND plaintiffs motion to stay up to and including 6/16/00 (DLB) Modified on 06/05/2000 (Entered: 06/05/2000)

05/31/2000 LETTER from USCA: USCA # 00-2326EMSL re: petition for writ of mandamus; will be submitted to a panel. (DLB) (Entered: 06/05/2000)

06/02/2000 117 ORDER by Honorable John F. Nangle ORDERED that the NationsBank pltfs' motion for additional time is denied as moot. ( cc: all counsel) (LGK) (Entered: 06/02/2000)

06/02/2000 118 AMENDED NOTICE OF APPEAL filed by the DESMOND PLAINTIFF'S In re BankAmerica Corp in 4:99-md-01264 re: the District Court decision ; [105-1], [100-1] fee: $ n/a w/appellant form A attached. (DLB) Modified on 06/08/2000 (Entered: 06/08/2000)

06/12/2000 119 Notice of Motion: motion to consolidate with multidistrict proceeding by defendants In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 06/15/2000)

06/19/2000 DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal, 2 Certified Copies of Clerk's Docket entries in 4:99-md-01264 and 2 copies of ORDER (JFN) filed 5/9/00. cc: NOA to Judge Nangle. cc: NOA, clerk's docket entries and USCA letter to parties. (BAK) (Entered: 06/19/2000)

06/20/2000 120 LETTER from USCA: USCA # 00-2255EMSL re: amended notice of appeal (DLB) (Entered: 06/26/2000)

06/26/2000 121 ORDER FROM USCA copy filed USCA number: 00-2255EMSL - The emergency motion for expedited appeal is denied and the appeal shall continue in its normal course. The motion to stay, suspend, or modify the district court's order pending appeal is also denied. (DLB) (Entered: 06/28/2000)

06/26/2000 122 MANDATE of petition for writ of mandamus from (USCA) In re: Ernesto Gumpas; Herman Shyken; Sidney Sorkin, considered by USCA: and is denied(cc: all counsel) (DLB) Modified on 07/13/2000 (Entered: 07/13/2000)

06/30/2000 123 TELEPHONE CONFERENCE MINUTES: before Honorable John F. Nangle - Telephonce status conference held. court reporter: n/a; proceedings started: 3:30pm - ended: 4:30pm (DLB) (Entered: 07/11/2000)

07/21/2000 124 RULED DOCUMENT by Honorable Stephen N. Limbaugh Case consolidated 4:99-md-1264 with member cases 4:00-cv-764 (cc: all counsel) (LJK) (Entered: 07/27/2000)

08/02/2000 125 PROPOSED STIPULATION AND ORDER submitted by plaintiff Jerry Krim In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 08/02/2000)

08/04/2000 126 JOINT MOTION by NationsBank and BankAmerica Classes' In re BankAmerica Corp in 4:99-md-01264 to amend by interlineation the first consolidated and amended class action complaint w/memorandum in support attached. (DLB) (Entered: 08/08/2000)

08/14/2000 127 MOTION by NationsBank Classes and BankAmerica Classes In re BankAmerica Corp in 4:99-md-01264 to compel production w/memorandum in support FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 08/15/2000)

08/16/2000 128 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED tha t a status conference will be held in the above-captioned case on Tuesday, September 12, 2000 at 9:30am in the present federal courthouse in St. Louis. At the conference, the following issues will be emphasized: 1. discovery which has been competed to

this date; 2. discovery yet to be completed, particularly depositions to be undertaken and the scheduling for such discovery; 3. miscellaneous other matters. ; Status hearing 9/12/00 at 9:30am (cc: all counsel) (DLB) (Entered: 08/16/2000)

08/16/2000 129 STIPULATION AND ORDER by Honorable John F. Nangle - IT IS HEREBY Stipulated and Agreed by and between tha attorneys for the parties to this action (Jerry Krim v. BankAmerica, et al.,) that plaintiff's claims are dismissed with prejudice as agains the following defendant's only: Charles E. Rice, Ray C. Anderson; Rita Bornstein; B.A. Bridewater, Jr.; Thomas E. Capps; Alvin R. Carpenter; Charles W. Coker; Thomas G. Cousins; Andrew B. Craig, III; Alan T. Dickson; Paul Fulton; C.Ray Holman; W.W. Johnson; Kenneth D. Lewis; Russell W. Meyer, Jr.; Rochard B. Priority; John C. Slane; O.Temple Sloan, Jr.; Meridith R. Spangler; Albert E. Suter; Ronald Townsend; Jackie J. Ward; John A. Williams; Virgil R. Williams; Joseph Alibrandi; Peter Bedford; Richard Clarke; Timm Crull; Kathleen Felstein; Donald Guinn; Frank Hope, Jr. Walter Massey; Sanford Robertson; Richard Rosenberg; Michael Spence; Solomon Trujillo; and Shirley Young. The litigation will proceed as against defendants BankAmerica Corporation, Hugh L. McColl, Jr., James H. Hance, Jr., David A. Coulter, Michael E. O'Neill, John J. Higgins and Marc D. Oken. It is further Stipulated and Agreed that an answer made by defendants to the First Consolidated and Amended Class Action Complaint in the related case styled In re BankAmerica, Corp. Securities Litigation, MDL No. 1264 (E.D.Mo.) is deemed to be made to the complaint filed in the instant action. (cc: all counsel) (DLB) Modified on 08/21/2000 (Entered: 08/18/2000)

08/18/2000 130 MEMORANDUM by NationsBank and BankAmerica Classes' In re BankAmerica Corp in 4:99-md-01264 in opposition to motion to amend by interlineation the first consolidated and amended class action complaint [126-1] (DLB) (Entered: 08/21/2000)

08/25/2000 131 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED taht the NationsBank Classes and BankAmerica Classes shall have until 8/30/00 to reply to defendants' opposotion to the joint motion to amend by interlineation the first consolidated and amended complaint filed on 8/18/00. (cc: all counsel) (DLB) Modified on 08/29/2000 (Entered: 08/25/2000)

08/25/2000 MOTION by NationsBank Classes and BankAmerica Classes In re BankAmerica Corp in 4:99-md-01264 for additional time to reply to defendants' opposition to joint motion to amend by interlineation the first consolidated and amended complaint (DLB) Modified on 08/29/2000 (Entered: 08/29/2000)

08/30/2000 132 REPLY by NationsBank and BankAmerica Classes' In re BankAmerica Corp in 4:99-md-01264 to response to motion to amend by interlineation the first consolidated and amended class action complaint [126-1] (DLB) (Entered: 08/31/2000)

08/31/2000 133 OPPOSITION by In re BankAmerica Corp in 4:99-md-01264 in to NationsBank and BankAmerica Classes' motion to compel production [127-1] (DLB) (Entered: 09/01/2000)

08/31/2000 134 AFFIDAVIT of Jonathan M. Moses in support of [133-1] (DLB) (Entered: 09/01/2000)

09/06/2000 135 LETTER from Court to counsel In re BankAmerica Corp in 4:99-md-01264 re: argument on the plaintiff's motion to amend their complaint and motion to compel. (DLB) (Entered: 09/06/2000)

09/07/2000 137 LETTER from Richard E. Olsen In re BankAmerica Corp in 4:99-md-01264 re: litigation (DLB) (Entered: 09/25/2000)

09/08/2000 136 REPLY by NationsBank and BankAmerica plaintiffs In re BankAmerica Corp in 4:99-md-01264 to defendants opposition to motion to the joint compel production [127-1] (DLB) (Entered: 09/11/2000)

09/12/2000 138 STATUS AND MOTION HEARING MINUTES: before Honorable John F. Nangle ; Motion and Status hearing held; oral arguments made on plaintiffs' motion to compel and motion to amend complaint by interlineation made; order to issue; parties are file with the court information as to the number of shareholders that are a part of each plaintiff class (Nationsbank class and BankAmerica class) by 10/17/00. court reporter: Patti Dunn Wecke; proceedings started: 9:40am - ended: 11:15am (DLB) (Entered: 09/25/2000)

09/12/2000 139 SCHEDULING CONFERENCE MINUTES: before Honorable John F. Nangle - Scheduling conference held subsequent to motion hearing; court reporter: n/a; proceedings started: 11:15am - ended: 12:15pm (DLB) (Entered: 09/25/2000)

09/12/2000 140 ORDER from the Multidistrict Judicial Litigation Panel - Case consolidated 4:99-md-1264 with member cases 4:00-cv-1655 transferred in from USDC/SDNY (cc: all counsel) (KLK) (Entered: 10/17/2000)

09/21/2000 141 LETTER FROM CLERK U.S.D.C. EDMO TO CLERK U.S.D.C. SDNY re: shipment of file 1:98-8758, Briggs v. BankAmerica In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 09/28/2000)

09/28/2000 142 ORDER by Honorable John F. Nangle FILED UNDER SEAL AND PLACED IN VAULT. (cc: all counsel) (DLB) Modified on 10/18/2000 (Entered: 09/28/2000)

09/28/2000 142 SEALED DOCUMENT [142-1] (DLB) (Entered: 10/04/2000)

09/29/2000 143 MOTION by In re BankAmerica Corp in 4:99-md-01264 for attorney Edward H. Nicholson, Jr. to appear pro hac vice (DLB) (Entered: 10/03/2000)

10/04/2000 144 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the motion for admission pro hac vice is granted. Edward H. Nicholson, Jr. is permitted to appear as counsel in this case for all purposes on behalf of the NationsBank Classes. [143-1] (cc: all counsel) (DLB) (Entered: 10/04/2000)

10/04/2000 145 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the Court's Order issued September 28, 2000 addressing plaintiffs' joint motion to compel shall be placed under seal. Counsel of record are instructed that all copies of the Order shall be regarded as under seal. (cc: all counsel) (DLB) (Entered: 10/04/2000)

10/06/2000 146 RECEIPT # S2001-171 in the amount of $ 25.00 for pro hac fee for Edward H. Nicholson, Jr. (DLB) (Entered: 10/06/2000)

10/10/2000 147 MOTION by In re BankAmerica Corp in 4:99-md-01264 for attorney Jeffrey H.

Konis to appear pro hac vice (DLB) (Entered: 10/16/2000)

10/10/2000 ORDER from the Multidistrict Litigation Judicial Panel - case consolidated 4:99md1264 with member cases 4:00cv1655 (case transferred from USDC/SDNY) (KLK) (Entered: 10/17/2000)

10/12/2000 148 TRANSCRIPT filed from Motion hearing of 9/12/00; court reporter: Patti Dunn Wecke (DLB) (Entered: 10/16/2000)


10/16/2000 149 ORDER by Honorable John F. Nangle granting motion for attorney Jeffrey H. Konis to appear pro hac vice [147-1] as counsel in this case for all purposes on behalf of the NationsBank Classes. (cc: all counsel) (DLB) Modified on 10/18/2000 (Entered: 10/16/2000)

10/17/2000 150 RECEIPT # S2001-396 in the amount of $ 25.00 for pro hac fee for Jeffrey Konis (DLB) (Entered: 10/18/2000)

10/17/2000 151 MOTION by defendant David A. Coulter in 4:99-md-01264, defendant Michael E. O'Neill in 4:99-md-01264 for attorney David Halleck Fry to appear pro hac vice (DLB) (Entered: 10/18/2000)

10/17/2000 152 MOTION by defendant David A. Coulter in 4:99-md-01264, defendant Michael E. O'Neill in 4:99-md-01264 for attorney Mark Howard Epstein to appear pro hac vice (DLB) (Entered: 10/18/2000)

10/17/2000 153 MOTION by defendant David A. Coulter in 4:99-md-01264, defendant Michael E. O'Neill in 4:99-md-01264 for attorney Ronald Leroy Olson to appear pro hac vice (DLB) (Entered: 10/18/2000)

10/24/2000 154 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the motion for attorney Ronald Leroy Olson to appear pro hac vice [153-1] is granted. Ronald L. Olson is permitted to appear as counsel in this case for all purposes on behalf of David A. Coulter and Michael E. O'Neill. (cc: all counsel) (DLB) (Entered: 10/24/2000)

10/24/2000 155 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the motion for attorney Mark Howard Epstein to appear pro hac vice [152-1] is granted. Mark H. Epstein is permitted to appear as counsel in this case for all purposes on behalf of defendants David A. Coulter and Michael E. O'Neill. (cc: all counsel) (DLB) (Entered: 10/24/2000)

10/24/2000 156 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the motion for attorney David Halleck Fry to appear pro hac vice [151-1] is granted. David H. Fry is permitted to appear as counsel in this case for all purposes on behalf of defendants David A. Coulter and Michael E. O'Neill. (cc: all counsel) (DLB) (Entered: 10/24/2000)

10/31/2000 157 RECEIPT # 2001-000984 in the amount of $ 25.00 for PHV fee for David Halleck Fry (BAK) (Entered: 11/02/2000)

11/06/2000 158 JOINT MOTION by Nationsbank and BankAmerica Classes' In re BankAmerica Corp in 4:99-md-01264 to compel discovery w/memorandum in support FILED

UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 11/07/2000)

11/07/2000 159 RECEIPT # S2001-1250 in the amount of $ 25.00 for pro hac fee for Ronald Olson (DLB) (Entered: 11/08/2000)

11/07/2000 160 RECEIPT # S2001-1251 in the amount of $ 25.00 for pro hac fee for Mark Epstein (DLB) (Entered: 11/08/2000)

11/14/2000 161 ATTORNEY APPEARANCE for defendant John J. Higgins in 4:99-md-01264 by David H. Fry, Ronald L. Olson, Mark H. Epstein (DLB) (Entered: 11/21/2000)

11/14/2000 162 RESPONSE by defendants in 4:99-md-01264 to plaintiff's joint motion to compel discovery [158-1] (DLB) (Entered: 11/21/2000)

11/17/2000 163 JOINT MOTION by plaintiffs in 4:99-md-01264 for extension of time to respond to discovery up to and including 12/18/00 (DLB) Modified on 11/21/2000 (Entered: 11/21/2000)

11/28/2000 164 REQUEST by plaintiffs in 4:99-md-01264 for extension of time (DLB) (Entered: 11/29/2000)

11/28/2000 165 REPLY by plaintiffs in 4:99-md-01264 to defendants' response to motion to compel discovery [158-1] (DLB) (Entered: 11/29/2000)

12/18/2000 166 JOINT MOTION by plaintiffs in 4:99-md-01264 for extension of time to repond to discovery (DLB) (Entered: 12/21/2000)

12/29/2000 167 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that defense counsel shall respond to this motion within 5 days of the date of this Order. In that response, defense counsel shall inform the Court whether there is any objection to the requested extension of time. re [166-1] (cc: all counsel) (DLB) (Entered: 12/29/2000)

01/05/2001 RESPONSE by defendants' in 4:99-md-01264 to plaintiffs' motion for extension of time to respond to discovery [166-1] (DLB) (Entered: 01/09/2001)

01/08/2001 168 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the parties' joint request for an extension of time to repond to discovery is granted. The parties shall submit this comprehensive schedule by 4:00pm on Friday, January 12. 2001. (cc: all counsel) (DLB) (Entered: 01/08/2001)

01/08/2001 169 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the plaintiffs' joint motion to compel discovery [158-1] is denied as moot. (cc: all counsel) (DLB) (Entered: 01/08/2001)

01/08/2001 170 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiffs' motin for extension of time is granted. Plaintiffs shall file all responses to defendants' October 18, 2000 interrogatories and requests for production of documents by 4:00pm on Wednesday, January 17, 2001. IT IS FURTHER ORDERED that plaintiffs shall comply with defendants' discovery requests as to all lead and named plaintiffs. (cc: all counsel) (DLB) (Entered: 01/09/2001)

01/08/2001 171 MOTION by defendant in 4:99-md-01264 to consolidate with multidistrict proceeding case 4:00cv1888 SNL (DLB) (Entered: 01/09/2001)

01/09/2001 172 TRANSFER LETTER from Clerk U.S.D.C. EDMO TO Clerk U.S.D.C. NDCA In re BankAmerica Corp in 4:99-md-01264 (Ryan v. BankAmeria) (DLB) (Entered: 01/09/2001)

01/17/2001 173 Copy of PARTIES JOINT FILING REGARDING DISCOVERY SCHEDULE by plaintiffs and defendants in 4:99-md-01264 (DLB) (Entered: 01/23/2001)

01/19/2001 MEMORANDUM IN OPPOSITION by Florida State Board of Administration In re BankAmerica Corp in 4:99-md-01264 in opposition to motion to consolidate with multidistrict proceeding case 4:00cv1888 SNL [171-1] w/exhibit A attached. (DLB) (Entered: 01/29/2001)

01/23/2001 174 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the defendants' motion to consolidate is granted. The case of Florida State Board of Administration v. BankAmerica Corp, et al., case 4:00cv1888 is hereby condolidated with In re BankAmerica Corp. Securities Litigation, MDL 1264. SNL [171-1] 4:99-md-1264 with member cases 4:00-cv-1888 (cc: all counsel) (DLB) (Entered: 01/23/2001)

01/25/2001 175 MOTION by In re BankAmerica Corp in 4:99-md-01264 to vacate and for reconsideration of 1/23/01 order consolidating cases w/memorandum in support w/exhbits 1,2 attached. (DLB) (Entered: 01/29/2001)

01/25/2001 ORDER by multidistrict litigation judicial panel Case consolidated 4:99-md-1264 with member cases 4:01-cv-182 transferred in from USDC NDCA (cc: all counsel) (FCE) (Entered: 02/05/2001)

01/25/2001 ORDER by multidistrict litigation judicial panel case consolidated for 99:md1264 with member case 4:01CV182 transferred from USDC NDCA (cc: all counsel) (FCE) (Entered: 02/05/2001)

01/29/2001 176 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the parties are to comply with the following discovery schedule in: Close of Merits Discovery 5/15/01; Close of Expert Witness Discovery; Deadline to file motions for summary judgment 7/16/01; Deadline to file Responses to summary judgment motions 8/6/01; IT IS FURTHER ORDERED that parties shall submit each of their expert's reports no less than 14 days before the commencement of such expert's deposition. Plaintiffs shall submit each of their reburttal expert's reports no lsess than seven days before the commencement of such expert's deposition. IT IS FURTHER ORDERED that the parties may file motions with this Court to take additional depositions after filing their motions for summary judgment, should those additional depositions become necessary. If, during those depositions, information is discovered that is relevant to the summary judgment motions, the Court will allow the parties to supplement their motions upon request. IT IS FURTHER ORDERED that the parties should be prepared for trial in this case no later than September 2001. ; Disc completion ddl 5/15/01 ; disp motion ddl 7/16/01 ; (cc: all counsel) (DLB) (Entered: 01/29/2001)

01/30/2001 177 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the defendants shall file a response to FSBA's motion to vacate within 5 days of the date of this order. IT IS FURTHER ORDERED that the plaintiffs in In re BankAmerica Corp. Securties Litigation, MDL 1264, shall also file on response to FSBA's motion to vacate within 5 days of the date of this Order. (cc: all counsel)

(DLB) (Entered: 01/30/2001)

02/01/2001 178 NOTICE OF FLORIDA STATE BOARD OF ADMINISTRATION'S REQUEST FOR RULE 16(b) SCHEDULING CONFERENCE In re BankAmerica Corp in 4:99-md-01264 (DLB) (Entered: 02/01/2001)

02/02/2001 179 MEMORANDUM by plaintiffs in 4:99-md-01264 in opposition to motion to consolidate with multidistrict proceeding case 4:00cv1888 SNL [171-1] (DLB) (Entered: 02/05/2001)

02/05/2001 181 LETTER to attorneys re: received case transferred from USDC NDCA attorney list attached (FCE) Modified on 02/07/2001 (Entered: 02/05/2001)

02/05/2001 180 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion to vacate and for reconsideration of 1/23/01 order consolidating cases [175-1] w/exhibits A-I attached. (DLB) (Entered: 02/07/2001)

02/07/2001 182 SUPPLEMENTAL MEMORANDUM IN OPPOSITION by The Florida State Board of Administration In re BankAmerica Corp in 4:99-md-01264 re: motion to consolidate with multidistrict proceeding case 4:00cv1888 SNL [171-1] (DLB) (Entered: 02/09/2001)

02/09/2001 183 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that a status conference and hearing will be held on Friday, March 16, 2001, at 10:30am in the new federal courthouse in St. Louis. In addition to lead counsel for the parties, counsel for consolidated plaintiff Florida State Board of Administration ("FSBA") are ordered to attend the conference and hearing, as the Court will address, inter alia, FSBA's motionto vacate [175-1] this Court's January 23, 2001 Order of Consolidation. ; Status hearing 3/16/01 at 10:30am (cc: all counsel) (DLB) (Entered: 02/09/2001)

02/20/2001 184 MOTION by Nationsbank and BankAmerica class plaintiffs in 4:99-md-01264 to compel discovery of asserted privileged documents w/memorandum in support and copy of statement of attempt to reslove. FILE UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 02/23/2001)

02/20/2001 184 SEALED DOCUMENT by plaintiff in 4:99-md-01264 [184-1] (DLB) (Entered: 02/23/2001)

02/21/2001 185 JOINT MOTION by Nationsbank and BankAmerica plaintiffs in 4:99-md-01264 to compel discovery w/memorandum in support and statement of attempt to resolve attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 02/23/2001)


02/27/2001 186 MOTION by In re BankAmerica Corp in 4:99-md-01264, plaintiff Michael Spitzer in 4:99-cv-00711 for leave to withdraw as plaintiff (DLB) (Entered: 02/28/2001)

02/28/2001 187 ENTIRE FILE SENT TO (USCA) - # of Volumes: 4 (DLB) (Entered: 03/01/2001)

03/01/2001 188 MOTION by Nationsbank Classes in 4:99-md-01264 to compel answers to their second set of interrogatories to defendants w/memornadum in support and

certificate to resolve dispute concerning defendants' objections to plaintiffs' second set of interrogatories to defendant FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 03/06/2001)

03/01/2001 188 SEALED DOCUMENT by Nationsbank Classes' in 4:99-md-01264 [188-1] (DLB) (Entered: 03/06/2001)

03/02/2001 Transmittal Acknowledgment from USCA 4 file volumes, USCA number: 00-2255 (DLB) (Entered: 03/12/2001)

03/05/2001 189 MOTION by defendants' in 4:99-md-01264 for and extension of time in which to file responses to Nationsbank Classes' and BankAmerica Classes' Joint motin to compel discovery up to and including 3/9/01 (DLB) (Entered: 03/06/2001)

03/05/2001 190 RULED DOCUMENT by Honorable John F. Nangle granting motion for and extension of time in which to file responses to Nationsbank Classes' and BankAmerica Classes' Joint motin to compel discovery up to and including 3/9/01 [189-1] re [185-1], re [184-1] (cc: all counsel) (DLB) (Entered: 03/06/2001)

03/06/2001 191 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiff's motion to amend by interlineation is stayed until further Order of this Court [126-1] (cc: all counsel) (DLB) (Entered: 03/06/2001)

03/08/2001 192 WITHDRAWAL OF APPEARANCE by Melissa L. Mitchell as attorney for defendants in 4:99-md-01264 (DLB) (Entered: 03/12/2001)

03/08/2001 193 JOIN MOTION by plaintiffs in 4:99-md-01264 to compel discovery requiring Deutsche Bank to produce documents w/memorandum in support and local rule 3.40 statement of attempt to resolve attached. (DLB) Modified on 03/12/2001 (Entered: 03/12/2001)

03/08/2001 194 JOINT MOTION by plaintiffs in 4:99-md-01264 to compel the production and inspection of documents from Merrill Lynch & Co., Inc. w/memorandum in support and local rule 3.40 statement of attemp to resolve attached. (DLB) Modified on 03/12/2001 (Entered: 03/12/2001)

03/08/2001 195 JOINT MOTION by plaintiffs in 4:99-md-01264 to compel the production and inspection of documents fro UBS Warburg w/memorandum in support and local rule 3.40 statement of attempt to resolve attached. (DLB) Modified on 03/12/2001 (Entered: 03/12/2001)

03/08/2001 196 JOINT MOTION by plaintiffs in 4:99-md-01264 to compel the production and inspection of documents from Salomon Smith Barney w/memorandum in support and local rule 3.40 statement of attempt to resolve attached. (DLB) (Entered: 03/12/2001)

03/08/2001 197 JOINT MOTION by plaintiffs in 4:99-md-01264 to compel the production and inspection of documents from Morgan Stanley w/memorandum in support and local rule 3.40 statement of attempt to resolve attached. (DLB) (Entered: 03/12/2001)

03/08/2001 198 JOINT MOTION by plaintiffs in 4:99-md-01264 to compel the production and inspection of documents form Goldman Sachs and Co. w/memorandum in support and local rule 3.40 statement of attempt to resolve attached. (DLB) (Entered:

03/12/2001)

03/09/2001 199 MEMORANDUM by defendants' in 4:99-md-01264 in opposition to motion to compel discovery of asserted privileged documents [184-1] w/exhibits A-J attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 03/12/2001)

03/09/2001 199 SEALED DOCUMENT by defendants in 4:99-md-01264 [199-1] (DLB) (Entered: 03/12/2001)

03/09/2001 200 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion to compel discovery [185-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 03/12/2001)

03/09/2001 200 SEALED DOCUMENT by defendant in 4:99-md-01264 [200-1] (DLB) (Entered: 03/12/2001)

03/14/2001 201 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion to compel answers to their second set of interrogatories to defendants [188-1] (DLB) (Entered: 03/15/2001)

03/14/2001 202 WITHDRAWAL by plaintiffs in 4:99-md-01264 of their motion to compel production of documents from Merrill Lynch pursuant to subpoena. (DLB) (Entered: 03/26/2001)

03/14/2001 203 WITHDRAWAL by plaintiffs in 4:99-md-01264 of their motion to compel production of documents from Morgan Stanley pursuant to subpoena. (DLB) (Entered: 03/26/2001)

03/14/2001 204 WITHDRAWAL by plaintiffs in 4:99-md-01264 of their motion to compel production of documents from Goldman Sachs & Co. pursuant to subpoena. (DLB) (Entered: 03/26/2001)

03/14/2001 205 REPLY by plaintiffs in 4:99-md-01264 to defendant's response to plaintiffs' motion to compel production of two assertedly privileged documents [185-1] (DLB) (Entered: 03/26/2001)

03/16/2001 206 REPLY by plaintiffs in 4:99-md-01264 to defendants' response to motion to compel production of privileged documents [184-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 03/26/2001)

03/16/2001 206 SEALED DOCUMENT by plaintiffs in 4:99-md-01264 [206-1] (DLB) (Entered: 03/26/2001)

03/16/2001 207 MOTION HEARING MINUTES: before Honorable John F. Nangle Oral arguments made on plaintiffs' motions to compel. Order to issue. court reporter: Terri Hopwood; proceedings 10:33am - ended: 12:08pm (DLB) (Entered: 03/26/2001)

03/16/2001 208 STATUS CONFERENCE MINUTES: before Honorable John F. Nangle court reporter: n/a; conference held; no record made; proceedings started: 12:20pm - ended: 1:00pm (DLB) (Entered: 03/26/2001)

03/29/2001 209 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that a status conference will be held on Wednesday, April 11, 2001 at 9:30am. In addition to

lead counsel for the parties, counsel for consolidated plaintiff Florida State Board of Administration shall attend the conference. ; Status hearing 4/11/01 at 9:30am (cc: all counsel) (DLB) (Entered: 03/29/2001)

04/03/2001 210 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that FSBA's motion to vacate and for reconsideration of 1/23/01 order [175-1] is denied. FSBA is ordered to participate in discovery along with the parties already involved in this case. (cc: all counsel) (DLB) (Entered: 04/03/2001)

04/03/2001 211 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiffs' joint motion to compel production and inspection of documents from (1) Merrill Lynch & Co., Inc.; (2) Morgan Stanley Dean Witter; and (3) Goldman Sachs & Co. (Docs. 194, 197 and 198, respectively) are rendered moot. (cc: all counsel) (DLB) (Entered: 04/03/2001)

04/03/2001 212 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiff Michael Spitzer's motion for leave to withdraw as plaintiff [186-1] in 4:99-md-01264 is granted. The Clerk is directed to close Mr. Spitzer's related case (all counsel) (DLB) (Entered: 04/03/2001)

04/05/2001 213 JOINT STATUS REPORT by plaintiffs, defendants in 4:99-md-01264 (DLB) (Entered: 04/09/2001)

04/05/2001 JOINT MOTION by plaintiffs in 4:99-md-01264 by consent to appoint Ontrack Data International, Inc., an officer of the court to conduct certain computer data discovery sought by plaintiffs (DLB) (Entered: 04/10/2001)

04/06/2001 214 JOINT STATUS REPORT REGARDING FLORIDA STATE BOARD OF ADMINISTRATION'S MOTION TO VACATE CONSOLIDATION ORDER by Florida State Board in 4:99-md-01264 (DLB) (Entered: 04/09/2001)

04/11/2001 215 ORDER by Honorable John F. Nangle granting motion to compel discovery [185-1]. Defendants shall produce the requested documents within 10 days of the date of this Order. (cc: all counsel) (DLB) (Entered: 04/12/2001)

04/11/2001 216 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the NationsBank Classes' and BankAmerica Classes joint motion to compel discovery of asserted privileged documents [184-1] is granted. Defendants shall produce the requested documents within 10 days of the date of this Order. (cc: all counsel) (DLB) (Entered: 04/12/2001)

04/11/2001 217 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the NationsBank Classes' and BankAmerica Classes' joint motion by consent to appoint Ontrack Data International, Inc., to inspect certain computer discovery is granted. [0-1] (cc: all counsel) (DLB) (Entered: 04/12/2001)

04/11/2001 218 STATUS CONFERENCE MINUTES: before Honorable John F. Nangle Status hearing held; discovery matters discussed court reporter: Patti Dunn Wecke; proceedings started: 9:48am 9:48am - ended: 12:15pm (DLB) Modified on 03/14/2002 (Entered: 04/19/2001)

04/19/2001 219 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that defendants' motion for a stay of this Court's Order dated 4/11/01 is denied. IT IS FURTHER ORDERED that the defendants' request for expedited briefing on this

motion is denied as moot. (cc: all counsel) (DLB) Modified on 05/08/2001 (Entered: 04/19/2001)

04/19/2001 220 MOTION by defendant in 4:99-md-01264, In re in 4:99-md-01264 to stay of the April 11, 2001 order pending petition for a writ of mandamus, and for expedited briefing, and memorandum in support (DLB) Modified on 05/08/2001 (Entered: 04/24/2001)

04/23/2001 221 MOTION by plaintiff Harold Srenco in 4:98-cv-01912, plaintiff Joyce Srenco in 4:98-cv-01912, plaintiff John R. Wootton in 4:98-cv-01912, plaintiff James W. Oetting in 4:98-cv-01912, plaintiff Marie P. Oetting in 4:98-cv-01912, plaintiff Nancy M. Oetting in 4:98-cv-01912, movant Eleanor Satterfield in 4:98-cv-01912, plaintiff Simon A. Mahanna in 4:98-cv-01912, plaintiff Deborah S. Lewis in 4:99-cv-00337, plaintiff Willard Franks Trust in 4:99-cv-00680, plaintiff Brian R. Butler in 4:99-cv-00712 for plaintiffs Brian Butler, Willard Franks, Deborah Lewis, Simon Mahanna, James Oetting, Marie Oetting, Nancy Oetting, Eleanor Satterfield, Harold Srenco, Joyce Srenco and John Wootton to withdraw as plaintiff in this case (KLK) Modified on 05/08/2001 (Entered: 04/25/2001)

04/24/2001 222 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the NationsBank Classes' motion to compel answers to their second set of interrogatories [188-1] is rendered moot. (cc: all counsel) (DLB) Modified on 05/08/2001 (Entered: 04/24/2001)

04/24/2001 223 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED t plaintiff's joint motion to compel inspection of documents from (1) Deutsche Bank AG; (2) UBS Warburg; and (3) Salomon Smith Barney are rendered moot. (cc: all counsel) (DLB) Modified on 05/08/2001 (Entered: 04/24/2001)

04/25/2001 224 LETTER from USCA: USCA # 01-1961 re: petition for writ of mandamus (DLB) (Entered: 04/26/2001)

04/30/2001 225 TRANSCRIPT filed from Motion Hearing of March 16, 2001; court reporter: Teri Hopwood (DLB) (Entered: 04/30/2001)

04/30/2001 226 LETTER by Honorable John F. Nangle to counsel re: Amended Scheduling. (cc: all counsel) (DLB) (Entered: 05/01/2001)

05/04/2001 227 MOTION by defendants in 4:99-md-01264 for protective order w/memorandum in support attached. (DLB) (Entered: 05/07/2001)

05/07/2001 228 TRANSCRIPT filed from Status Conference of 4/11/01; court reporter: Patti Dunn Wecke FILED UNDER SEAL AND PLACE IN VAULT. (DLB) (Entered: 05/07/2001)


05/09/2001 229 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiffs shall file a response to defendants' motion no later than 12:00PM EST on Friday, May 11, 2001. (cc: all counsel) (DLB) (Entered: 05/09/2001)

05/09/2001 MOTION by defendants in 4:99-md-01264 to compel discovery w/memorandum in support attached. (DLB) (Entered: 05/14/2001)

05/11/2001 230 ORDER by Honorable John F. Nangle - Counsel for the parties are hereby ordered to prepare a comprehensive stipulation as to all uncontested facts. This stipulation shall include the following: See order for details. Counsel shall discuss and agree on every stipulation possible. The stipulation must be reduced to writing, signed and filed with the Court. Effective immediately, failure to stipulate to all undisputed facts will result in sanctions pursuant to F.R.C.P. 11. The stipulation shall conform with the Rule set out in "Addendum1" attached hereto and shall be filed no later than Thursday, June 14, 2001. (cc: all counsel) (DLB) (Entered: 05/11/2001)

05/11/2001 231 RESPONSE by plaintiffs in 4:99-md-01264 to motion for protective order [227-1] (DLB) (Entered: 05/14/2001)

05/11/2001 232 MOTION by plaintiffs in 4:99-md-01264 to compel the production of documents and additional testimony of Robert Qutub w/local rule 3.40 statement of attempt to resolve, affidavit of Andrew Entwistle and memorandum in support of motion attached. FILED UNDER SEAL AND PLACE IN VAULT. (DLB) (Entered: 05/14/2001)


05/14/2001 233 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the defendants' motion for protective order [227-1] is conditionally granted. The parties shall attempt to resolve this dispute during the stipulation process. If the parties are unable to stipulate to all relevant facts contained in the requests for admission, the Court will permit additional discovery with regard to the disputed items only. (cc: all counsel) (DLB) (Entered: 05/14/2001)

05/14/2001 234 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the defendants shall file a response to plaintiffs' motion [232-1] no later than 12:00 E.S.T. on Thursday, May 17, 2001. IT IS FURTHER ORDERED that the "Close of Merits Discovery" deadline is extended with regard to the documents and testimony as issue in this motion until further Order of this Court. (cc: all counsel) (DLB) (Entered: 05/14/2001)

05/14/2001 235 REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION FOR PROTECTIVE ORDER by defendants [227-1] (DLB) (Entered: 05/14/2001)

05/15/2001 236 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the palintiffs motion to withdraw from the action is granted [221-1]. IT IS FURTHER ORDERED that the Clerk is directed to close the related cases involving the Willard Franks Trust(CV499-680) and Deborah Lewis (CV 499-337). (cc: all counsel) (DLB) (Entered: 05/15/2001)

05/15/2001 237 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the plaintiffs shall file a response to defendants' motion [0-1] no later thatn 12:00 p.m. E.S.T. on Friday, May 18, 2001. IT IS FURTHER ORDERED that the "Close of Merits Discovery" deadline is extended with regards to the documents and testimony at issue in this motion until further Order of this Court. (cc: all counsel) (DLB) (Entered: 05/15/2001)

05/17/2001 238 MEMORANDUM by defendants in opposition to motion to compel the production

of documents and additional testimony of Robert Qutub [232-1] w/declaration of Louis J. Barash FILED UNDER SEAL AND PLACE IN VAULT. (DLB) (Entered: 05/17/2001)

05/18/2001 239 MOTION by NationsBank Classes in 4:99-md-01264 to compel full and complete answers to their second and third set of interrogatories to defendants w/memorandum in support and certficate to resolve continued dispute concerning defendants' objections to plaintiffs' second set of interrogatories to defendants FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 05/20/2001)


05/18/2001 240 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the Court's Order dated May 15, 2001 (Doc. 236) is hereby amended nunc pro tunc. The Clerk shall disregard the directive to close the Lewis case and shall maintain that action as a pending case. (cc: all counsel) (DLB) (Entered: 05/20/2001)

05/18/2001 241 MEMORANDUM by BankAmerica Plaintiffs in 4:99-md-01264 in opposition to motion to compel discovery [0-1] w/exhibits A,B attached PLACED IN EXPANSION FOLDER (DLB) (Entered: 05/24/2001)

05/18/2001 242 MEMORANDUM by BankAmerica Plaintiffs in 4:99-md-01264 in opposition to motion to compel discovery [0-1] w/exhibits 1-6 attached. PLACED IN EXPANSION FOLDER. (DLB) (Entered: 05/24/2001)

05/21/2001 243 ORDER FROM USCA copy filed USCA number: 01-1961 - On the Court's own motion, it is hereby ordered that the emergency stay of the district court's April 11, 2001 order is extended until final disposition of the petition for a writ of mandamus. (DLB) (Entered: 05/24/2001)

05/21/2001 244 MOTION by plaintiff Dorris L. Cottrill in 4:98-cv-01912, plaintiff Beverly G. Govreau in 4:98-cv-01912, plaintiff Joseph Cipollino in 4:99-cv-00334, plaintiff Daniel Walden in 4:98cv1912, plaintiff Shirley Walden in 4:98cv1912, plaintiff Joseph Cipollino in 4:99-cv-00337, plaintiff Connie Middlekauff in 4:99-cv-00716, plaintiff Christian Briggs in 4:00-cv-01655 to withdraw from the action (DLB) Modified on 06/12/2001 (Entered: 05/24/2001)

05/22/2001 245 MOTION by PLAINTIFFS in 4:99-md-01264 for leave to take the deposition of nonparty Edward Najarian Beyond the deadline for the completion of discovery w/memorandum in support, local rule 3.40 statement of attempt to resolve and affadavit of Robert N. Cappucci in support attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 05/24/2001 (Entered: 05/24/2001)

05/22/2001 245 SEALED DOCUMENT by PLAINTIFFS in 4:99-md-01264 [244-1] (DLB) Modified on 05/24/2001 (Entered: 05/24/2001)

05/23/2001 246 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaitniffs' motion for leave to take the deposition of nonparty Edward Najarian Beyond the deadline for the completion of discovery [245-1] is granted. (cc: all counsel) (DLB) (Entered: 05/24/2001)

05/25/2001 247 DECLARATION OF LOUIS J. BARASH FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 05/29/2001)

05/25/2001 248 REPLY MEMORANDUM by defendants in 4:99-md-01264 in support of their motion to compel discovery [0-1] (DLB) (Entered: 05/29/2001)


05/25/2001 249 OPPOSITION by defendants to plaintiffs' motion for leave to take the deposition of nonparty Edward Najarian Beyond the deadline for the completion of [245-1] w/exhibits A-F attched. (DLB) (Entered: 05/29/2001)

05/29/2001 250 MEMORANDUM IN OPPOSITION by defendants to plaintiffs' motion to compel full and complete answers to their second and third set of interrogatories to defendants [239-1] w/exhibits A,B,C attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 05/29/2001 (Entered: 05/29/2001)


05/31/2001 251 REPLY MEMORANDUM IN FURTHER SUPPORT by plaintiffs of their motion to compel the production of documents and additional testimony of Robert Qutub [232-1] w/affidavit of Andrew Entwistle and proposed order attached FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 05/31/2001)


05/31/2001 252 MOTION by Nationsbank and BankAmerica Classes in 4:99-md-01264 for leave without objection to take the deposition of corporate representative of D.E. Shaw beyond the May 15 discovery deadline (DLB) (Entered: 06/01/2001)

06/01/2001 253 MOTION by plaintiff Joseph Hempen in 4:99-md-01264 for leave to file sur-reply memorandum in opposition to defendants' motion to compel discovery (DLB) (Entered: 06/04/2001)

06/04/2001 254 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the parties' request to extend the deadline for filing stipulations is granted in part. Stipulations shall be filed no later than Thursday, June 21, 2001. All other deadlines remain the same. For the benefit of counsel, the Court has attached an amended copy of the scheduling order in this case. ; disp motion ddl 10/17/01 ; jury trial January, 2002 (cc: all counsel) (DLB) (Entered: 06/04/2001)

06/05/2001 255 REPLY by plaintiffs 4:99-md-01264 to defendant's response to NationsBank Classes' motion to compel full and complete answers to their second and third set of interrogatories to defendants [239-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 06/06/2001)

06/05/2001 255 SEALED DOCUMENT by plaintiffs in 99-md-01264 [255-1] (DLB) (Entered: 06/06/2001)

06/08/2001 256 AMENDED SCHEDULING ORDER by Honorable John F. Nangle - See Order for details. (cc: all counsel) (DLB) (Entered: 06/08/2001)

06/11/2001 257 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiffs' motion for leave without objection to take the deposition of corporate representative of D.E. Shaw beyond the May 15 discovery deadline [252-1] is

granted. (cc: all counsel) (DLB) (Entered: 06/11/2001)

06/11/2001 258 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that plaintiff Hempen's motion for leave to file sur-reply memorandum in opposition to defendants' motion to compel discovery [253-1] is granted. (cc: all counsel) (DLB) (Entered: 06/11/2001)

06/12/2001 259 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the plaintiffs' motion to withdraw from the action [244-1] is granted. IT IS FURTHER ORDERED that the Clerk is directed to close the related cases involving Christian Briggs (CV400-1655); Joseph Cipollino (CV 499-334) and Connie Middlekauf(CV 499-716).(cc: all counsel) (DLB) Modified on 06/12/2001 (Entered: 06/12/2001)

06/18/2001 260 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that defendants' motion to compel discovery [0-1] is denied as moot. The parties informed the Court that any remaining disputed issues within this motion that have not already been resolved will be settled without Court intervention. IT IS FURTHER ORDERED that plaintiffs' motion to compel the production of documents and additional testimony of Robert Qutub [232-1] is denied as moot. Defense counsel has represented that this dispute will likely be resolved during the stipulation process. If, after the stipulation process is complete, plaintiffs are not satified that this issue has been resolved, the Court will permit the plaintiffs to file a renewed motion to compel. IT IS FURTHER ORDERED that NationsBank Classes' motion to compel full and complete answers to their second and third set of interrogatories to defendants [239-1] is denied as moot. Defense counsel has represented that this dispute will likely be resolved during the stipulation process. If, after the stipulation proccess is complete, the plaintiffs are not satisfied that this issue has been resolved, the Court will permit the plaintiffs to file a renewed motion to compel. (cc: all counsel) (DLB) (Entered: 06/18/2001)

07/03/2001 261 MOTION by defendant Bank of America in 4:99-md-01264 to stay of the proceedings for at least 60 days pursuant to the order of the commonwealth court of Pennsylvania providing for a stay of actions involving insureds of Reliance Insuance Company w/exhibits A,B,C attached. (DLB) (Entered: 07/05/2001)

07/06/2001 262 OPPOSITION by plaintiffs in 4:99-md-01264 to motion to stay of the proceedings for at least 60 days pursuant to the order of the commonwealth court of Pennsylvania providing for a stay of actions involving insureds of Reliance Insuance Company [261-1] (DLB) (Entered: 07/09/2001)

07/09/2001 263 JOINT MOTION by the parties in 4:99-md-01264 to extend time for filing parties' stipulations (DLB) Modified on 07/11/2001 (Entered: 07/10/2001)

07/10/2001 264 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that the parties' "Joint Motion to Extend Time for Filing Parties' Stipulations" [263-1] is granted and the new deadline for submitting stipulations to July 25, 2001. None of the other dates established in the Court's current Scheduling Order will change. (cc: all counsel) (DLB) (Entered: 07/10/2001)

07/12/2001 265 ATTORNEY APPEARANCE for defendant David A. Coulter in 4:99-md-01264, defendant Michael E. O'Neill in 4:99-md-01264, defendant John J. Higgins in 4:99-md-01264 by Barry A. Short (DLB) (Entered: 07/12/2001)

07/13/2001 266 REPLY MEMORANDUM by defendant Bank of America in 4:99-md-01264 in support of defendant Bank of America's motion to stay of the proceedings for at least 60 days pursuant to the order of the commonwealth court of Pennsylvania providing for a stay of actions involving insureds of Reliance Insuance Company [261-1] w/exhibits A,B attached. (DLB) (Entered: 07/17/2001)

07/18/2001 267 MOTION by Nationsbank Classes 4:99-md-01264 for protective order w/exhibit 1 (proposed order) attached. (DLB) (Entered: 07/19/2001)

07/20/2001 268 ORDER by Honorable John F. Nangle denying motion to stay of the proceedings for at least 60 days pursuant to the order of the commonwealth court of Pennsylvania providing for a stay of actions involving insureds of Reliance Insuance Company [261-1] (cc: all counsel) (DLB) (Entered: 07/20/2001)

07/20/2001 269 PROTECTIVE ORDER by Honorable John F. Nangle : granting motion for protective order [267-1] *See Order for details* (cc: all counsel) (DLB) (Entered: 07/20/2001)

07/25/2001 270 JOINT STIPULATION OF FACTS by plaintiffs, defendants in 4:99-md-01264 FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 07/27/2001)

07/25/2001 270 SEALED DOCUMENT by plaintiffs in 4:99-md-01264, defendants [270-1] (DLB) (Entered: 07/27/2001)

07/25/2001 271 RESPONSE by plaintiff Florida State Board in 4:99-md-01264 to defendants' proposed stipulation of facts [270-1] (DLB) (Entered: 07/27/2001)

07/27/2001 272 REJECTED STIPULATIONS by Nations Bank Classes in 4:99-md-01264 FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 07/30/2001)

07/27/2001 273 SUPPLEMENT by Nations Bank Classes to Rejected Facts to Which NationsBank Plaintiffs Believe Defendants Cannot, In Good Faith, Refuse to Stipulate. 4:99-md-01264 re stipulation [272-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 07/30/2001)



07/30/2001 274 STATEMENT by plaintiff Florida State Board in 4:99-md-01264, in 4:99-md-01264 relating to Stipulations [272-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 07/31/2001)

07/30/2001 274 SEALED DOCUMENT by plaintiff Florida State Board in 4:99-md-01264 [274-1] (DLB) (Entered: 07/31/2001)

08/06/2001 275 LETTER to Court from Mary Seth Weiner re: case management conference. (DLB) (Entered: 08/07/2001)

08/14/2001 276 MOTION by plaintiff Florida State Board in 4:99-md-01264 for leave to file a supplemental expert report beyond the deadline w/memorandum in support FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 08/15/2001 (Entered: 08/14/2001)

08/14/2001 277 MOTION by defendants in 4:99-md-01264 to compel discover from the Florida State Board of Administration w/memorandum in support attached. (DLB) (Entered: 08/15/2001)

08/16/2001 278 BRIEF by plaintiff Florida State Board in 4:99-md-01264 in opposition to defendants' motion to compel discovery from the Florida State Board of Administration [277-1] (DLB) (Entered: 08/21/2001)

08/22/2001 279 LETTER from Mary Seth Weiner to Court re: 8/8/01 letter from Arthur Abbey. (DLB) (Entered: 08/22/2001)

08/23/2001 280 MEMORANDUM by defendants in 4:99-md-01264 in opposition to the Florida State Board of Administration's motion for leave to file a supplemental expert report the deadline [276-1] (DLB) Modified on 08/30/2001 (Entered: 08/30/2001)

08/23/2001 281 REPLY MEMORANDUM by defendants in 4:99-md-01264 in support of their motion to compel discover from the Florida State Board of Administration [277-1] (DLB) (Entered: 08/30/2001)

08/24/2001 282 (Letter dated 8/24/01) by Honorable John F. Nangle re re: the letter rec'd 8/8/01 [275-1] and letter rec'd 8/16/01 [279-1] (cc: all counsel) (KKS) Modified on 08/30/2001 (Entered: 08/24/2001)

08/24/2001 283 FILE RETURNED # of volumes; 4; 6 expansion folders; 1 transcript re appeal [118-1], re appeal [102-1] (DLB) (Entered: 08/30/2001)

08/28/2001 284 Opinion from USCA on USCA number 00-2255 Opinion of USCA: affirming the decision of the district court's injunction concerning the Desmond action. (DLB) (Entered: 08/30/2001)

08/30/2001 285 REPLY MEMORANDUM by plaintiff Florida State Board in 4:99-md-01264 in further support of its motion for leave to file a supplemental expert report beyond the deadline [276-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 08/31/2001 (Entered: 08/30/2001)


08/30/2001 ORDER FROM USCA copy filed USCA number: 00-2255 - The motion of the appellants for an extension of time until 9/21/01, to file a petition for rehearing is granted. (DLB) (Entered: 09/04/2001)

08/31/2001 286 ORDER by Honorable John F. Nangle - There will be a hearing in this action on 9/21/01 at 10:00am. All pending matters as set forth in a letter from the Court to counsel dated 8/31/01 will be considered. Counsel are invited to propose additional topics of discussion within 10 days of the date of this Order. All such proposals shall be faxed to the Court in its chambers in Savannah, Georgia. ; In-court hearing 9/21/01 at 10:00am (cc: all counsel) (DLB) (Entered: 08/31/2001)

09/04/2001 287 RENEWED MOTION by NationsBank Classes in 4:99-md-01264 to compel full and complete answers to their second and third set of interrogatories to defendants w/memorandum in support attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 09/05/2001)


09/07/2001 288 MOTION by NationsBank Classes in 4:99-md-01264, for sanctions w/memorandum in support attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 09/13/2001)

09/07/2001 288 SEALED DOCUMENT by NationsBank Classes in 4:99-md-01264 [288-1] (DLB) (Entered: 09/13/2001)

09/14/2001 289 MOTION by plaintiffs NationsBank Classes in 4:99-md-01264 for additional time to serve rebuttal expert reports from 9/19 to 9/28 (DLB) (Entered: 09/17/2001)

09/17/2001 290 ORDER by Honorable John F. Nangle granting NationsBank Classes' motion for additional time to serve rebuttal expert reports from 9/19 to 9/28 [289-1], and Florida State Board of Administration's Jointer in the NationsBank Classes' motion for leave to file a supplemental expert report beyond the deadline [276-1]. IT IS HEREBY ORDERED that: 1. All plaintiffs, including FSBA plaintiffs, shall serve all rebuttal expert reports no later than Monday, October 1, 2001. 2. All plaintiffs, including the FSBA plaintiffs, shall provide defendants with expert discovery documents no later twenty-four hours after serving expert rebuttal reports. 3. The deadline for defenants to depose plaintiffs' rebuttal experts is extended to October 16, 2001. 4. The deadline for all parties for filing motions for summary judgment is extended to November 1, 2001. 5. The deadline for all parties for filing responses to summary judgment motions is extended to November 20, 2001. ; disp motion ddl 11/1/01 (cc: all counsel) (DLB) (Entered: 09/17/2001)

09/19/2001 291 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF NATIONSBANK CLASSES in 4:99-md-01264 re motion for sanctions [288-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 09/19/2001)

09/19/2001 291 SEALED DOCUMENT by NationsBank Classes' in 4:99-md-01264 [291-1] (DLB) (Entered: 09/19/2001)

09/19/2001 292 MOTION by defendants in 4:99-md-01264 to remove Robert Hepworth as a lead-plaintiff w/exhibits A-M attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 09/19/2001)


09/19/2001 293 MEMORANDUM by defendants in 4:99-md-01264 in opposition to renewed motion to compel full and complete answers to their second and third set of interrogatories to defendants [287-1] (DLB) (Entered: 09/20/2001)

09/20/2001 294 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion for sanctions [288-1] (DLB) (Entered: 09/21/2001)

09/21/2001 MEMORANDUM by NationsBank plaintiffs in 4:99-md-01264, in opposition to motion to remove Robert Hepworth as a lead-plaintiff [292-1] (DLB) (Entered: 09/25/2001)

09/21/2001 SEALED DOCUMENT by NationsBank plaintiffs in 4:99-md-01264, [0-1] (DLB) (Entered: 09/25/2001)

09/21/2001 MOTION HEARING MINUTES: before Honorable John F. Nangle ; In-court hearing held; arguments made; order to issue court reporter: Sue Moran; proceedings started: 10:10am - ended: 1:40pm (DLB) (Entered: 09/26/2001)

09/21/2001 STATUS CONFERENCE MINUTES: before Honorable John F. Nangle court reporter: n/a; status conference held in chambers; no record made. proceedings started: 1:45pm - ended: 3:00pm (DLB) (Entered: 09/26/2001)

09/24/2001 295 ORDER by Honorable John F. Nangle - PENDING MOTIONS - 1. Defendants' Motion to compel discovery form the Florida State Board of Administration is GRANTED in part and DENIED in part. Defendants' motion is granted with respect to Interrogatory Requests number 1,2,3,6 and 11 and denied with respect to Interrogatory Request number 7. 2. Plaintiff Florida State Board of Administration's Motion for leave to file a Supplemental Expert Report beyond the deadline is GRANTED. 3. Nationsbank Classes' Motion for sactions is DENIED. 4. Nationsbank Classes' renewed motion to compel full and complete answers to their second and third set of interrogatories to defendants is DENIED AS MOOT because the parties have agreed to attempt to resolve their discovery dispute without the assistance of the Court. 5. Defendants' Motion to remove Robert Hepworth as Lead Plaintiff is UNDER CONSIDERATION and shall be decided in due course. SUMMARIES OF EXPERT TESTIMONY - All parties are herebey Ordered to submit to the Court in its chambers in Savannah, Georgia, a summary of the expected testimonyt of each of such party's experts. Each summary shall not exceed one page. Such summaries shall be submitted no later than Friday, October 5, 2001. REVISED NUMBER OF SHARES The Nationsbank plaintiffs are Ordered submit to the Court a revised estimate of the number of shares of stock represented by the Nationsbank plaintiff class. This revised estimate shall be submitted no later than Friday, October 5, 2001. SUBMISSION TO THE COURT - The parties are Ordered to brief the Court on the following issues. Such briefs shall be filed, with courtesy copy submitted to the Court in its Savannah, Georgia chambers, no later than Friday, October 12, 2001. Any party choosing to respond must do so no later than Monday, October 22, 2001. 1. Plaintiff FSBA is Ordered to submit a brief including the elements of its common law fraud claims under North Carolina and Florida law and the differences between a claim of common law fraud and a claim of fraud under Securities laws. 2. All interested parties are Ordered to brief the issue of whether a separate trial of the claims of the Florida State Board of Administration would result in res judicata and collateral estoppel effects for a subsequent trial of the claims of the Nationsbank plaintiffs. 3. All interested parties are Ordered to brief the issue of any legal implications (due process, eta.) raised in trying the claims of FSBA separately from, or at the same trial with, the claims of the Naionsbank plaitniff class. 4. All interested parties are Ordered to brief the issue of whether the SEC Consent Order shall be admissible as evidence in this case. REVISED SCHEDULE 1. All plaintiffs, including FSB, shall serve all rebuttal expert reports no later than Wednesday, October 31, 2001. 2. All plaintiffs, including FSBA, shall provide defendants with expert discovery documents no later than 24 hours after serving expert rebuttal reports. 3. The deadline for defendants to depose plaintiffs rebuttal experts is extended to Thursday, November 15, 2001. 4. The deadline for all parties for filing motions in limine, including motions to exclude expert testimony, is Friday, November 30, 2001. 5. The deadline for all parties for filing motions for summary judgment shall be 10 days after a ruling by the Court on any motions to exclude expert testimony.

6. The deadline for all parties for filing responses to summary judgment motions shall be 20 days after motions for summary judgment are filed. pt comp ddl 11/30/01 (cc: all counsel) (KKS) Modified on 10/22/2001 (Entered: 09/24/2001)

09/27/2001 REPLY MEMORANDUM by defendants in 4:99-md-01264 in support of defendants' motion to remove Robert Hepworth as a lead-plaintiff w/exhibits A-D attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 10/02/2001 (Entered: 10/02/2001)

09/27/2001 SEALED DOCUMENT by defendants in 4:99-md-01264 [0-1] (DLB) (Entered: 10/02/2001)

09/28/2001 296 ORDER by Honorable John F. Nangle; that plntfs' motion to amend by interlineation remains stayed until further Order of the Court; re [126-1] (cc: all counsel) (KKS) (Entered: 09/28/2001)

10/05/2001 297 SUMMARY OF EXPERT TESTIMONY OF FSBA DAMAGES EXPERT PAUL A. MARCUS, CFA by plaintiff Florida State Board in 4:99-md-01264 FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 10/09/2001)


10/09/2001 298 NOTICE by plaintiffs in 4:99-md-01264 of change of address of Entwistle and Cappucci, LLP. (pc: OSU) (DLB) (Entered: 10/09/2001)

10/12/2001 299 BRIEF SUPPORTING ADMISSIBILITY OF SEC ORDER submitted by NationsBank plaintiffs in 4:99-md-01264 (DLB) (Entered: 10/15/2001)

10/12/2001 300 BRIEF ANALYZING RES JUDICATA AND COLLATERAL ESTOPPEL EFFECTS RELATED TO SEPARATE TRIALS OF THE NATIONSBANK AND FLORIDA STATE BOARD OF ADMINISTRATION PLAINTIFFS' CLAIMS submitted by NationsBank plaintiffs in 4:99-md-01264 (DLB) (Entered: 10/15/2001)

10/12/2001 301 MEMORANDUM REGARDING A SEPARATE TRIAL FOR THE FSBA CLAIMS by defendants in 4:99-md-01264 (DLB) (Entered: 10/15/2001)

10/12/2001 302 MEMORANDUM IN SUPPORT OF EXCLUSION OF THE SEC CONSENT ORDER by defendants in 4:99-md-01264 w/exhibits A-G attached. (DLB) (Entered: 10/15/2001)

10/15/2001 303 ORDER by Honorable John F. Nangle - Plaintiff Florida State Board of Administration's Motion for leave to file brief one day out of time is granted. (cc: all counsel) (DLB) (Entered: 10/15/2001)

10/15/2001 304 BRIEF IN SUPPORT OF ADMISSIBILITY OF THE SEC CONSENT ORDER submitted by BankAmerica Purchaser Classes' in 4:99-md-01264 (DLB) (Entered: 10/16/2001)

10/15/2001 305 BRIEF IN SUPPORT OF (1) A SEPARATE TRIAL FROM THE CLASS AND (2) THE ADMISSIBILITY OF THE SEC CONSENT ORDER submitted by plaintiff Florida State Board in 4:99-md-01264 w/exhibits A-E attached. (DLB) (Entered: 10/16/2001)

10/17/2001 306 ORDER by Honorable John F. Nangle - There will be a hearing in this action in the Eastern District of Missouri, St. Louis division, on Tuesday, November 13, 2001 at 10:00am. The following pending matters will be considered and brief oral argument will be permitted. 1. Whether the SEC consent order is admissible in this case. 2. Trial procedure, i.e. the need for biforcation of FSBA claims or other claims, etc. 3. The requirements of FSBA's common law fraud claims. 4. The NationsBank classes' and BankAmerica Classes' joint motion to amend by interlineation the first consolidated and amended class action complaint (only if the Eighth Circuit has issued a final ruling regarding this Court's Order of April 25, 2000). 5. Miscellaneous other relevant matters. The Court urges all parties to have present only the minimum number of attorneys necessary for proper representation. ; In-court hearing set for 11/13/01 at 10:00am (cc: all counsel) (DLB) (Entered: 10/17/2001)

10/22/2001 307 REPLY REGARDING A SEPARATE TRIAL FOR THE FSBA CLAIMS by Nationsbank Classes' in 4:99-md-01264 re [301-1] (DLB) (Entered: 10/23/2001)

10/22/2001 308 REPLY BRIEF SUPPORTING ADMISSIBILITY OF SEC ORDER by Nationsbank Classes' in 4:99-md-01264 re [302-1] (DLB) (Entered: 10/23/2001)

10/22/2001 309 RESPONSE TO PLAINTIFFS' MEMORANDA REGARDING A SEPARATE TRIAL FOR THE FSBA CLAIMS by defendants in 4:99-md-01264 to [300-1] (DLB) (Entered: 10/23/2001)

10/22/2001 310 MEMORANDUM IN RESPONSE TO PLAINTIFFS' MEMORANDA REGARDING ADMISSIBILITY OF THE SEC ORDER by defendants in 4:99-md-01264 re: brief [299-1] (DLB) (Entered: 10/23/2001)

10/22/2001 311 TRANSCRIPT filed from Motion hearing of 9/21/01; court reporter: Sue Moran (DLB) (Entered: 10/23/2001)

10/22/2001 312 REPLY (worded, "RESPONSE") MEMORANDUM IN FURTHER SUPPORT OF ADMISSIBILITY OF SEC CONSENT ORDER by plaintiff Florida State Board in 4:99-md-01264 re [305-1], re [310-1] (DLB) (Entered: 10/24/2001)

10/22/2001 313 REPLY BRIEF IN SUPPORT OF A SEPARATE TRIAL FROM THE CLASS by plaintiff Florida State Board in 4:99-md-01264 re [309-1], re [305-1] (DLB) (Entered: 10/24/2001)

10/25/2001 314 Opinion from USCA on USCA number 01-1961 Opinion of USCA: remanded to district court to determine whether plaintiffs have made the threshold showing that the Bank was engaged in intentional fraud and communicated with counsel in furtherance of the fraud. (DLB) (Entered: 10/29/2001)

10/29/2001 315 JOINT MOTION by plaintiff Florida State Board, NationsBank Classes, BankAmerica Classes in 4:99-md-01264 for additional time to serve rebuttal expert reports and discovery up to and including 11/9/01 and until 11/22/01 for the deposition of the authors of those rebuttal reports (DLB) (Entered: 10/30/2001)

10/30/2001 316 ORDER by Honorable John F. Nangle - The Nationsbank, BankAmerica and FSBA plaintiffs shall serve their expert reports rebutting the reports of defendants' experts Andrew Senchak and Christopher James (the "rebuttal reports") no later than 11/8/01. The Nationsbank, BankAmerica and FSBA plaintiffs shall serve

expert discovery documents related to the rebuttal reports no later than 11/9/01. Defendants shall complete the depositions of the authors of the rebuttal reports no later than 11/22/01. All other deadlines as set forth in this Court's Order of 9/24/01 shall remain unchanged. [315-1] (cc: all counsel) (DLB) (Entered: 10/30/2001)

10/31/2001 317 MOTION by Nationsbank Classes in 4:99-md-01264, to compel defendants to produce expert witness reports of Christopher M. James (DLB) Modified on 12/03/2001 (Entered: 11/01/2001)

11/07/2001 318 ORDER by Honorable John F. Nangle - This Court hereby ADOPTS the October 25, 2001 8th Circuit Order as an Order of this Court. This Court hereby VACATES its Order of 4/11/01 (Doc. 216) and ORDERS defendants to produce the original eleven assertedly privileged docuements (or copies thereof if the original documents are not in defendants' possession) to this Court for an in camera review consistent with the 8th Circuit's mandate. Defendants are hereby ORDERED to produce such eleven documents under seal (to the Clerk's office in St. Louis) by 2 p.m. on Friday, November 9, 2001. (cc: all counsel) (DLB) (Entered: 11/07/2001)

11/07/2001 319 JOINT MOTION by NationsBank and BankAmerica classes' in 4:99-md-01264 additional time to serve rebuttal expert reports and discovery (DLB) (Entered: 11/07/2001)

11/07/2001 320 ORDER by Honorable John F. Nangle granting motion additional time to serve rebuttal expert reports and discovery [319-1] Accordingly, 1. Plaintiffs shall serve all expert reports rebutting the reports of defendants' experts Andrew Senchak and Christopher James no later than Thursday, 11/15/01. 2. Plaintiffs shall serve all expert discovery documents related to the rebuttal reports no later than Friday, 11/16/01. 3. Defendants shall complete the depositions of plaintiffs' rebuttal experts no later than Thursday, 12/6/01. 4. All parties shall file all motions in limine, including motions to exclude expert testimony, no later than Monday, 12/17/01. All other deadlines will be determined at or after the 11/13/01 hearing. (cc: all counsel) (DLB) (Entered: 11/07/2001)

11/07/2001 321 LETTER from Marie Seth Weiner re: working agreement and appearance at 11/13/01 hearing. (DLB) (Entered: 11/08/2001)

11/09/2001 322 RESPONSE to court order of 11/7/01 by defendants in 4:99-md-01264 [318-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 11/09/2001)


11/09/2001 323 MOTION by defendants in 4:99-md-01264 to compel discovery and for sanctions from the Florida State Board of Administration , and for leave to take the depositions of Michael P. McCauley, Jo Richardson, AND Lori Guido w/memorandum in support attached. (DLB) (Entered: 11/09/2001)

11/09/2001 324 MOTION by defendants in 4:99-md-01264 for reconsideration or in the alternative a stay of the court's order of 11/7/01 w/memorandum in support attached (DLB) (Entered: 11/14/2001)

11/13/2001 325 RESPONSE by defendants in 4:99-md-01264 to motion of NationsBank Classes' to compel defendants to produce expert witness reports of Christopher M. James [317-

1] w/exhibits A,B,C attached. (DLB) (Entered: 11/14/2001)

11/13/2001 326 MOTION HEARING MINUTES: before Honorable John F. Nangle - motion hearing held; arguments maded; order to issue ; In-court hearing held court reporter: Gary Bond; proceedings started: 10:15am - ended: 12:15pm (DLB) (Entered: 11/14/2001)

11/13/2001 327 IN CHAMBERS CONFERENCE MINUTES: before Honorable John F. Nangle court reporter: n/a; proceedings started: 12:30pm - ended: 12:50pm (DLB) (Entered: 11/14/2001)

11/14/2001 328 ORDER by Honorable John F. Nangle granting motion for reconsideration or in the alternative a stay of the court's order of 11/7/01 [324-1] in part and hereby STAYS it Order fo November 7. Accordingly, the Court hereby ORDERS the Nationsbank and BankAmerica plaintiff classes jointly to submit a brief in further support of their Joint Motion to Compel Discovery of Assertedly Privileged Documents. Such brief shall address whether a Zolin theshold showing has been made separately with respect to each of the requested documents and shall respond to the concerns raised by the Eighth Circuit in its Order of October 25, 2001. Such brief shall be filed, with a copy to the Court in its Savannah chambers, no later than Wednesday, November 21, 2001. Defendants may also file a further brief in support of their position with respect to these eleven documents no later than Wednesday, November 21, 2001. ; Resp to court ddl 11/21/01 (cc: all counsel) (DLB) (Entered: 11/14/2001)

11/14/2001 329 MOTION by defendants in 4:99-md-01264 to compel plaintiffs and plaintiffs' proposed experts to produce reports (DLB) (Entered: 11/15/2001)

11/16/2001 330 MANDATE W/OPINION ATTACHED from (USCA) - It is hereby ordered and adjudged that the judgment of the district court is affirmed in accordance with the opinion of this Court. USCA number: 00-2255 (cc: all counsel) (DLB) (Entered: 11/19/2001)

11/19/2001 331 RETURN LETTER from Clerk to Jeffrey Russell re: notices of depositions (DLB) (Entered: 11/19/2001)

11/20/2001 332 ORDER by Honorable John F. Nangle - The Court will GRANT DEFENDANTS LEAVE to supplement their memorandum in support of the motion to compel by instructing the Court regarding the relevance of the documents sought. Defendants are HEREBY ORDERED to submit to the Court, no later than 7 days form the date of this ORDER, an explanation of why the expert reports that they seek through their motion to compel relevant to their defense of this case. Defendants and their expert Christopher James are FURTHER ORDERED to produce the Anderson and Pediatrix reports requested by Nationsbank plaintiffs. All expert reports produced pursuant to this ORDER shall be treated as confidential pursuant to the Protective Order in effect in this case. All parties are further ORDERED to take all appropriate steps to ensure that any confidentiality provisions in effect in the cases for which such reports were prepared similiarly be respected. (cc: all counsel) (DLB) Modified on 11/21/2001 (Entered: 11/20/2001)

11/21/2001 333 CASE MANAGEMENT ORDER by Honorable John F. Nangle ; complex(3) track , ; Disc completion ddl 12/6/01 ; disp motion ddl 12/14/01 ; jury trial 4/8/02 (cc: all counsel) (DLB) (Entered: 11/21/2001)

11/21/2001 334 MOTION AND MEMORANDUM by defendants in 4:99-md-01264 to compel production of documents by JAS Securities LLC and for leave to depose a representative of JAS FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 11/27/2001)


11/21/2001 335 BRIEF by NationsBank plaintiffs in 4:99-md-01264 in further support of their motion to compel defendants to produce expert witness reports of Christopher M. James [317-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 11/27/2001)

11/21/2001 335 SEALED DOCUMENT by NationsBank plaintiffs in 4:99-md-01264 [335-1] (DLB) (Entered: 11/27/2001)

11/21/2001 336 MEMORANDUM CONCERNING PRIVILEGED DOCUMENTS by defendant in 4:99-md-01264 (DLB) (Entered: 11/27/2001)

11/21/2001 337 MANDATE W/OPINION ATTACHED from (USCA) USCA number: 01-1961 - Upon consideration of the petition for writ of mandamus and responses thereto, the petition for writ of mandamus is granted and the district court's order of 4/11/01, is vacated. The case is remanded to the district court for additional proceedings in accordance with the opinion of this court. (cc: all counsel) (DLB) (Entered: 11/27/2001)

11/26/2001 338 ORDER by Honorable John F. Nangle granting in part and denying in part motion to compel discovery, the motion for sanctions is DENIED [323-1], and the motion for leave to take the depositions of Michael P. McCauley, Jo Richardson, AND Lori Guido [323-2] is GRANTED in part and DENIED in part. Accordingly, defendants are hereby GRANTED LEAVE to depose Mr. McCauley and Ms. Richardson out of time. FSBA and defendants are FURTHER ORDERED to arrange such depositions as quickly as possible and without the Court's involvement. *See order for additional details*(cc: all counsel) (DLB) (Entered: 11/27/2001)

11/27/2001 339 SUPPLEMENTAL MEMORANDUM IN SUPPORT by defendants in 4:99-md-01264 re motion to compel plaintiffs and plaintiffs' proposed to produce reports [329-1] (DLB) (Entered: 11/28/2001)

11/28/2001 340 MOTION by Nationsbank Classes' in 4:99-md-01264, to join in the Florida State Board of Administration's first request for admission directed to defendants (DLB) (Entered: 11/29/2001)

11/28/2001 341 MOTION by defendants in 4:99-md-01264 for leave to file reply brief w/brief attached. (DLB) Modified on 12/18/2001 (Entered: 11/29/2001)

11/28/2001 342 MOTION by Nationsbank and BankAmerica plaintiffs' in 4:99-md-01264 for leave to file joint brief in further support of their motion to compel discovery of assertedly privileged documents FILED UNDER SEAL AND PLACED IN VAULT w/brief attached. (DLB) (Entered: 11/29/2001)


11/29/2001 343 ORDER by Honorable John F. Nangle - The Court hereby VACATES its Order of November 26, 2001, DENIES defendants' motions to compel, for sanctions and to depose FSBA's employees as MOOT and ORDERS defendants and FSBA to abide by the terms of their resolution of these issues as set forth in the November 21, 2001 letter from Jonathan Moses to Stuart Grant and all other related conversations and correspondence..... (cc: all counsel) (DLB) (Entered: 11/29/2001)

11/29/2001 344 ORDER by Honorable John F. Nangle granting motion for leave to file joint brief in further support of their motion to compel discovery of assertedly privileged documents [342-1], granting motion to join in the Florida State Board of Administration's first request for admission directed to defendants [340-1] (cc: all counsel) (DLB) (Entered: 11/29/2001)

11/29/2001 345 BRIEF submitted by Nationsbank and BankAmerica plaintiffs' in further support of their motion to compel discovery of asserted privileged documents [184-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 11/29/2001)

11/29/2001 345 SEALED DOCUMENT by NationsBank and BankAmerica plaintiffs in 4:99-md-01264 [345-1] (DLB) (Entered: 11/29/2001)

11/30/2001 346 BRIEF FOR SEPARATE TRIALS FOR THE NATIONSBANK AND BANKAMERICA CLASSES submitted by NationsBank plaintiffs in 4:99-md-01264 (DLB) (Entered: 12/03/2001)

12/03/2001 347 BRIEF IN SUPPORT OF BIFURCATION OF TRIAL OF NATIONSBANK AND BANKAMERICA CLASS CLAIMS submitted by BankAmerica plaintiffs in 4:99-md-01264 (DLB) (Entered: 12/03/2001)

12/03/2001 348 MOTION by BankAmerica plaintiffs in 4:99-md-01264 to amend by interlineation the first consolidated and amended class action complaint w/exhibits A-D attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/03/2001)

12/03/2001 348 SEALED DOCUMENT by BankAmerica plaintiffs in 4:99-md-01264 [348-1] (DLB) (Entered: 12/03/2001)

12/03/2001 349 MEMORANDUM CONCERNING BIFURCATION OF THE NATIONSBANK AND BANKAMERICA CLAIMS by defendants in 4:99-md-01264 w/exhibits 1-18 FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/04/2001)


12/05/2001 350 MEMORANDUM by movant JAS Securities, LLC in 4:99-md-01264 in opposition to motion to compel production of documents by JAS Securities LLC and for leave to depose a representative of JAS [334-1] w/exhibits A-G attached FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/06/2001)

12/05/2001 350 SEALED DOCUMENT by movant JAS Securities, LLC in 4:99-md-01264 [350-1] (DLB) (Entered: 12/06/2001)

12/06/2001 351 LETTER TO COURT from defendants in 4:99-md-01264 re: withdrawal of motion to compel the production of his expert reports (DLB) (Entered: 12/12/2001)

12/07/2001 352 RESPONSE by defendants in 4:99-md-01264 to BankAmerica plaintiff's motion to amend by interlineation the first consolidated and amended class action complaint [348-1] (DLB) (Entered: 12/12/2001)

12/07/2001 353 MOTION by defendant in 4:99-md-01264 for leave to file: defendants' memorandum in reply to class plaintiffs' briefs supporting separate trials w/memorandum attached. (DLB) (Entered: 12/12/2001)

12/11/2001 354 ORDER by Honorable John F. Nangle - On 12/6/01, defendants informed the Court of their withdrawal of said motion with respect to Mr. Wagner. Accordingly defendants motion to compel plaintiffs and plaintiffs' proposed experts to produce reports [329-1], is hereby DENIED as MOOT. (cc: all counsel) (DLB) (Entered: 12/12/2001)

12/14/2001 356 ORDER by Honorable John F. Nangle granting in part and denying in part the "Giorgetti" motion to amend by interlineation the first consolidated and amended class action complaint [348-1], granting in part the joint motion to amend by interlineation the first consolidated and amended class action complaint [126-1] *See Order for analysis* (cc: all counsel) (DLB) (Entered: 12/14/2001)

12/14/2001 355 LETTER by Honorable John F. Nangle to lead counsel re: memorandum concerning bifurcation of the NationsBank and BankAmerica Claims. (cc: all counsel) (DLB) (Entered: 12/14/2001)

12/14/2001 357 ORDER by Honorable John F. Nangle denying defendants' motion to remove Robert Hepworth as a lead-plaintiff [292-1], and granting in part and denying in part defendants' motion to compel production of documents by JAS Securities LLC and for leave to depose a representative of JAS [334-1] *See order for analysis* (cc: all counsel) (DLB) Modified on 12/17/2001 (Entered: 12/14/2001)

12/14/2001 358 MOTION by NATIONSBANK CLASSES' in 4:99-md-01264, for partial summary judgment w/memorandum in support attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/17/2001)

12/14/2001 358 SEALED DOCUMENT by NATIONSBANK CLASSES in 4:99-md-01264 [358-1] (DLB) (Entered: 12/17/2001)

12/14/2001 359 MOTION by plaintiff Florida State Board in 4:99-md-01264 for summary judgment w/brief in support attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/17/2001)


12/14/2001 MOTION by defendants in 4:99-md-01264 for leave to file briefs in excess of the page limitation (DLB) (Entered: 12/19/2001)

12/14/2001 Motion for summary judgment by defendants in 4:99-md-01264 w/corrected memorandum of law in support of dfts' motion for summary judgment against the NationsBank Classes and Old BankAmerica Purchaser Class, corrected memorandum of law in support of dfts' motion for summary judgment on BankAmerica Holderss' "Merger of Equals" Claims, corrected memorandum of law in support of dfts' motion for summary judgment of the claims of the Florida State Board of Administration, corrected memorandum of law in support of individual

defendants and corrected statement of uncontroverted material facts [ all corrected memorandum of law and corrected statement FILED UNDER SEAL AND PLACED IN VAULT] (DLB) Modified on 01/26/2002 (Entered: 12/19/2001)

12/14/2001 RESPONSE TO DEFENDANTS STATEMENT OF UNCONTROVERTED FACTS by BankAmerica plaintffs' in 4:99-md-01264 to [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) Modified on 01/26/2002 (Entered: 01/26/2002)

12/14/2001 MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE MERGER OF EQUALS CLAIMS by BankAmerica Holders Class plaintiffs in 4:99md1264 [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 MEMORANDUM IN OPPSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE MERGER OF EQUALS CLAIMS by BankAmerica Holders Class plaintiffs in 4:99-md-01264 [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT ON THE D.E. SHAW CLAIMS by BankAmerica Purchaser Class plaintiff in 4:99md1264 [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 REPLY MEMORANDUM IN SUPPORT OF INDIVIDUAL DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON THE D.E. SHAW CLAIMS by defendants in 4:99-md-01264 re [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 REPLY MEMORANDUM IN FURTHER SUPPORT OF THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE CLAIMS OF THE FLORIDA STATE BOARD OF ADMINISTRATION by defendant in 4:99-md-01264 re [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AGAINST THE NATIONSBANK CLASSES AND OLD BANKAMERICA PURCHASER CLASS by defendants in 4:99-md-01264 re [0-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 01/26/2002)

12/14/2001 REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE BANKAMERICA HOLDERS' "MERGER OF EQUALS" CLAIMS by defendants in 4:99-md-01264 re [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 REPLY MEMORANDUM IN SUPPORT OF INDIVIDUAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE MERGER OF EQUALS CLAIMS by defendants in 4:99-md-01264 re [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 SUMMARY JUDGMENT APPENDIX (Reply Memoranda) filed by defendant in 4:99-md-01264 re [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/26/2002)

12/14/2001 SUPPLEMENTAL APPDICES VOLUMES I through IX by defendants in 4:99-md-01264 re defendants' Motion for summary judgment [0-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/28/2002)

12/14/2001 SEALED DOCUMENTS by plaintiffs, defendants in 4:99-md-01264 [0-1], [0-1], [0-1], [0-1], [0-1], [0-1], [0-1], [0-1], [0-1], [0-1], [0-1] (DLB) (Entered: 01/28/2002)

12/17/2001 360 ORDER NUNC PRO TUNC by Honorable John F. Nangle - The December 14, 2001 Order is hereby amended to replace the current third full sentence on page six with the above sentence. "To the Court's knowledge, Hepworth has never been appointed as a named plaintiff in this case."(cc: all counsel) (DLB) Modified on 12/17/2001 (Entered: 12/17/2001)

12/17/2001 361 ORDER by Honorable John F. Nangle denying defendants' motion for leave to file it briefs in excess of the page limitation. The Clerk is this Court is hereby INSTRUCTED to return to defendants and NationsBank plaintiffs the above mentioned memoranda. Defendants and Nationsbank plaintiffs are hrereby ORDERED to replace such memoranda no later than Wednesday, December 19, with pleadings comporting with the 25 page limit established by this Court. All pleadings filed in reply to defendants and NationsBank plaintiffs motions for summary judgment shall be filed with this court no later than Monday, January 7, 2002. All other deadlines shall remain as set forth in this Court's November 21, 2001 Order. (cc: all counsel) (DLB) Modified on 12/18/2001 (Entered: 12/17/2001)

12/17/2001 362 MEMORANDUM by plaintiff Florida State Board in 4:99-md-01264 in opposition to motion for leave to file briefs in excess of the page limitation [0-1] (DLB) (Entered: 12/19/2001)

12/17/2001 363 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #1 to preclude application of the 90 day look-bak provision of the PSLRA to this case (DLB) Modified on 12/19/2001 (Entered: 12/19/2001)

12/17/2001 364 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #2 to exclude certain evidence concerning the Office of the Comptroller of the Currency FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/19/2001)


12/17/2001 365 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #3 to exclude any evidence of the BankAmerica Holder Class's claims (DLB) (Entered: 12/19/2001)

12/17/2001 366 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #4 to preclude defendant BankAmerica from denying any fact stated in the 7/30/01 SEC order or creating the impression that the order is without factual basis FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 12/19/2001)


12/17/2001 367 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #5 to exclude evidence of (1) individually issues of plaintiffs or class members' reliance or (2) issues concerning the class representatives' investment experience, sophistication

and strategy (DLB) (Entered: 12/19/2001)

12/17/2001 368 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #6 to exclude any evidence or argument that a judgment in favor of the NationsBank classes would create a financial hardship or burden upon defendants, shareholders or employees FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 12/19/2001)


12/17/2001 369 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #7 to exclude certain evidence of events after October 14, 1998 FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/19/2001)


12/17/2001 370 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #8 to exclude expert opinion testimony from any witness not previously identified as an expert FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/19/2001)


12/17/2001 371 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #9 to exclude expert opinions not previously disclosed (DLB) (Entered: 12/19/2001)

12/17/2001 372 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #10 to preclude defendants from offering testimony from class members who were not deposed (DLB) (Entered: 12/19/2001)

12/17/2001 373 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #11 seeking to designate certain exhibits as admissible hearsay pursuant to rule 803(6) FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/19/2001)


12/17/2001 374 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #12 to exclude certain references to class counsel and alleged abuses of securities class action lawsuits (DLB) (Entered: 12/19/2001)

12/17/2001 375 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine #13 to exclude any mention of the court's prior rulings and their effect on the litigation (DLB) (Entered: 12/19/2001)

12/17/2001 376 MOTION by NationsBank plaintiffs in 4:99-md-01264 in limine to disqualify John Dubinsky as an expert witness for the defendants and memorandum in support incorporated herein w/affdavit of Martin M. Green attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 12/19/2001 (Entered: 12/19/2001)


12/17/2001 377 MOTION by defendants in 4:99-md-01264 to exclude proposed testimony fo BankAmerica Class experts Miller and Ross w/(memorandum in support FILED UNDER SEAL AND PLACED IN VAULT) (DLB) (Entered: 12/19/2001)

12/17/2001 377 SEALED DOCUMENT by defendants in 4:99-md-01264 (memorandum in support of motion to exclude)[377-1] (DLB) (Entered: 12/19/2001)

12/17/2001 378 MOTION by defendants in 4:99-md-01264 for leave to file brief in excess of page limitation as to the motion to exclude proposed testimony of NationBank Class experts w/motion and memorandum attached. (DLB) (Entered: 12/19/2001)

12/20/2001 379 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that BankAmerica plaintiffs' motion for reconsideration fo the Court's Order dated 12/14/01 is granted. IT IS FURTHER ORDERED that the Court's Order of 12/14/01 356 is altered and amended by adding Counts XV and XVI, contanined in pages 45 and 46 of Exhibit A to the BankAmerica plaintiffs' motion to amend by interlineation the consolidated and amended class action complaint [348]. IT IS FURTHER ORDERED that the Court's Order of 12/14/01356 is altered and amended by adding the following to the Prayer for Relief of the First Consolidated and Amended Class Action Complaint: K. Awarding damages against all of the defendants, jointly and severally, in favor of plaintiffs and the other members of the classes asserted herein, for all losses and damages suffered as a result of the acts and transactions complained of herein, together with prejudgment interest fro the date of the wrongs to the date of the judgment herein, including compensatory and general damages, special damages, and punitive and exemplary damages. (cc: all counsel) (DLB) (Entered: 12/20/2001)

12/20/2001 380 MOTION by plaintiff BankAmerica plaintiffs in 4:99-md-01264 for reconsideration w/memorandum in support, proposed order and certificate of service attached. (DLB) Modified on 12/31/2001 (Entered: 12/26/2001)

12/20/2001 381 NOTICE OF FILING OF A CORRECTED AND SUBSTITUTED "EXHIBIT C" TO THEIR MOTION TO AMEND BY INTERLINEARTION OF THE FIRST CONSOLIDATED AND AMEND CLASS ACTION COMPLAINT by BankAmerica plaintiffs in 4:99-md-01264 (exhibit detached from notice and attached to motion) (DLB) (Entered: 12/26/2001)

12/26/2001 382 LETTER TO COURT FROM Marie Seth Weiner re: stipulated order w/copy of order attached. (DLB) (Entered: 12/28/2001)

12/26/2001 383 LETTER from Martin Green 4:99-md-01264 re: NationsBank and BankAmerica claims. (DLB) (Entered: 12/28/2001)

12/27/2001 384 MOTION by NationsBank classes in 4:99-md-01264 for leave to file response in excess of page limitation to defendants' motion to exclude proposed testimony of Myers, Wetzel, Hallman, Normile and Carney (DLB) (Entered: 12/28/2001)

12/27/2001 385 MOTION by defendants in 4:99-md-01264 for extension of time to move, plead or otherwise respond, by consent (DLB) (Entered: 12/28/2001)

12/28/2001 386 ORDER by Honorable John F. Nangle granting defendants' motion for extension of time to move, plead or otherwise respond, by consent [385-1], granting NationsBank classes' motion for leave to file response in excess of page limitation

to defendants' motion to exclude proposed testimony of Myers, Wetzel, Hallman, Normile and Carney [384-1], granting defendants' motion for leave to file brief in excess of page limitation as to the motion to exclude proposed testimony of NationBank Class experts [378-1] (cc: all counsel) (DLB) (Entered: 12/28/2001)

12/28/2001 387 STIPULATION AND ORDER RE: INTEGRATION OF GIORGETTI V. BANK OF AMERICA CORPORATION by Honorable John F. Nangle - IT IS HEREBY ORDERED that: 1. The Order appointing Lead Plaintiffs and Lead Counsel dated 4/20/99 is hereby amended to appoint Leo Giorgetti as a Lead Plaintiff for the BankAmerica Class. 2. The Order Relating to Class Certification dated 7/6/99 is hereby amended to appoint Leo Giorgetti as a Class Reprsentative for the BankAmerica Holder Class. 3. The Order Appointing Lead Plaintiffs and Lead Counsel dated 4/20/99 is hereby amended to appoint Cotchett, Pitre & Simon as a counsel for the BankAmerica Class and as a member of the Executive Committee for the BankAmerica Class. 4. Subject to the terms of the Stipulation and Order attached hereto as Exhibit A, this Order is without prejudice to Defendants' right to subsequently bring a motion on the grounds asserted in Defendants motion to decertify or modify plaintiff class dated 2/23/01, filed and previously pending in the Giorgetti California Superior Court action. (cc: all counsel) (DLB) (Entered: 12/28/2001)

12/28/2001 388 MOTION by defendants in 4:99-md-01264 to exclude proposed testimony of NationsBank Class experts Myers, Wetzel, Wagner, Hallman, Normile, and Carney w/memorandum in support UNDER SEAL AND PLACED IN VAULT) (DLB) Modified on 05/28/2002 (Entered: 12/31/2001)

12/28/2001 389 MEMORANDUM by NATIONBANK PLAINTIFFS' in 4:99-md-01264, in opposition to motion to strike expert witnesses [388] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)

12/28/2001 389 SEALED DOCUMENT by NATIONSBANK PLAINTIFFS' in 4:99-md-01264, [389-1] (DLB) (Entered: 12/31/2001)

12/28/2001 390 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion in limine to disqualify John Dubinsky as an expert witness for the defendants and memorandum in support incorporated herein [376-1] (DLB) (Entered: 12/31/2001)

12/28/2001 391 MEMORANDUM by BANKAMERICA PLAINTIFFS in 4:99-md-01264 in opposition to motion to exclude proposed testimony fo BankAmerica Class experts Miller and Ross [377-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 12/31/2001)

12/28/2001 391 SEALED DOCUMENT by BANKAMERICA PLAINTIFFS'in 4:99-md-01264 [391-1] (DLB) (Entered: 12/31/2001)

12/28/2001 392 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion in limine #1 to preclude application of the 90 day look-back provision of the PSLRA to this case [363-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)


12/28/2001 393 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion in limine #2 to exclude certain evidence concerning the Office of the Comptroller of the Currency [364-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)

12/28/2001 393 SEALED DOCUMENT by defendants Jr. in 4:99-md-01264, defendant Bank of America in 4:99-md-01264 [393-1] (DLB) (Entered: 12/31/2001)

12/28/2001 394 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion in limine #3 to exclude any evidence of the BankAmerica Holder Class's claims [365-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)

12/28/2001 395 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #4 to preclude defendant BankAmerica from denying any fact stated in the 7/30/01 SEC order or creating the impression that the order is without factual basis [366-1] (DLB) (Entered: 12/31/2001)

12/28/2001 396 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #5 to exclude evidence of (1) individually issues of plaintiffs or class members' reliance or (2) issues concerning the class representatives' investment experience, sophistication and strategy [367-1] (DLB) (Entered: 12/31/2001)

12/28/2001 397 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #6 to exclude any evidence or argument that a judgment in favor of the NationsBank classes would create a financial hardship or burden upon defendants, shareholders or employees [368-1] (DLB) (Entered: 12/31/2001)

12/28/2001 398 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #7 to exclude certain evidence of events after October 14, 1998 [369-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)


12/28/2001 399 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #8 to exclude expert opinion testimony from any witness not previously identified as an expert [370-1] (DLB) (Entered: 12/31/2001)

12/28/2001 400 MEMORANDUM by defendants in 4:99-md-01264 in opposition to motion in limine #9 to exclude expert opinions not previously disclosed [371-1] (DLB) (Entered: 12/31/2001)

12/28/2001 401 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #10 to preclude defendants from offering testimony from class members who were not deposed [372-1] (DLB) (Entered: 12/31/2001)

12/28/2001 402 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #11 seeking to designate certain exhibits as admissible hearsay pursuant to rule 803(6) [373-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)


12/28/2001 403 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #12 to exclude certain references to class counsel and alleged abuses of securities class action lawsuits [374-1] (DLB) (Entered: 12/31/2001)

12/28/2001 404 MEMORANDUM by defendant in 4:99-md-01264 in opposition to motion in limine #13 to exclude any mention of the court's prior rulings and their effect on the litigation [375-1] (DLB) (Entered: 12/31/2001)

12/31/2001 405 MOTION by defendant in 4:99-md-01264 to exclude proposed testimony of FSBA expert Paul E. Marcus w/memorandum in support attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)


12/31/2001 406 RESPONSE by plaintiff Florida State Board in 4:99-md-01264 to motion to exclude proposed testimony of FSBA expert Paul E. Marcus [405-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 12/31/2001)


12/31/2001 407 LETTER from defendants in 4:99-md-01264 re: placing under seal dfts' memorandums in opposition to NationsBank classes motions in limine #1,2,3,7 and 11. (documents filed under seal) (DLB) (Entered: 01/02/2002)

01/02/2002 408 LETTER from defendants in 4:99-md-01264 re: clerical error of the name Wetzel from doc. #388. New pages substituted. (DLB) (Entered: 01/03/2002)

01/07/2002 409 REPLY MEMORANDUM OF LAW by defendants in 4:99-md-01264 in further support of dfts' motion to exclude proposed testimony of NationsBank Class experts Myers, Wetzel, Wagner, Hallman, Normile, and Carney [388-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 01/09/2002)


01/07/2002 410 OPPOSITION by NATIONSBANK CLASSES' in 4:99-md-01264 to defendants' motion for summary judgment against the NationsBank classes and the Old BankAmerica Purchaser class [0-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 01/09/2002)

01/07/2002 410 SEALED DOCUMENT by NATIONSBANK CLASSES' in 4:99-md-01264 [410-1] (DLB) (Entered: 01/09/2002)

01/07/2002 411 OPPOSITION by NATIONSBANK CLASSES' in 4:99-md-01264 in to motion of individual defendants for summary judgment [0-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)

01/07/2002 411 SEALED DOCUMENT by NATIONBANK PLAINTIFFS in 4:99-md-01264 [411-1] (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)

01/07/2002 412 RESPONSE TO DEFENDANTS' STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO DISPUTTE by NATIONSBANK PLAINTIFFS in 4:99-md-01264 FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on

01/09/2002 (Entered: 01/09/2002)

01/07/2002 412 SEALED DOCUMENT by NATIONSBANK PLAINTIFFS in 4:99-md-01264 [412-1] (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)

01/07/2002 413 REPLY by defendant in 4:99-md-01264 to response to motion to exclude proposed testimony of FSBA expert Paul E. Marcus [405-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)

01/07/2002 413 SEALED DOCUMENT by defendant in 4:99-md-01264 [413-1] (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)

01/07/2002 414 REPLY by defendants in 4:99-md-01264 memorandum in further support of its motion to exclude proposed testimony fo BankAmerica Class experts Miller and Ross [377-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)


01/08/2002 415 RESPONSE by plaintiff Florida State Board in 4:99-md-01264 TO DEFENDANTS STATEMENT OF MATERIAL FACTS TO WHICH THERE IS NO DISPUTE. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)


01/08/2002 416 MEMORANDUM by plaintiff Florida State Board in 4:99-md-01264 in opposition to defendants' motion for summary judgment [0-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 01/09/2002)


01/09/2002 417 ORDER by Honorable John F. Nangle - The Court hereby stays the claims of FSBA and Old BankAmerica plaintiffs until further Order of this Court. With the exception of reply briefs related to motions for summary judgment, FSBA and Old BankAmerica plaintiffs shall not file or repond to further pleadings in this case and defendants shall not file or respond to futher pleadings in this case and defendants shall not file or respond to further pleadings with respect to the claims of FSBA and Old BankAmerica plaintiffs. The stay shall apply to the filing by defendants of motions or pleadings responseive to the recently added claims of the Old BankAmerica plaintffs, including the claims of the "Giorgetti" members of the Old BankAmerica plaitniff class. Not withstanding such stay, counsel for FSBA and BankAmerica remains welcome to participate in all conferences and hearings conducted by the Court in this MDL proceeding and to respond to any further Orders as directed by the Court. (cc: all counsel) (DLB) Modified on 01/09/2002 (Entered: 01/09/2002)

01/10/2002 418 EXHIBITS FILED by defendants in 4:99-md-01264 exhibits received: VOLUMES I-IV IN SUPPORT OF DFTS' MOTION TO EXCLUDE THE PROPOSED TESTIMONY OF NATIONSBANK CLASS EXPERTS MYERS, WETZEL, WAGNER, HALLMAN, NORMILE AND CARNEY (FILED UNDER SEAL

AND PLACED IN VAULT. (DLB) (Entered: 01/10/2002)


01/10/2002 419 EXHIBITS FILED by defendants in 4:99-md-01264 exhibits received: VOLUME I IN SUPPORT OF DFTS' MOTION IN LIMINE TO EXCLUDE PROPOSED TESTIMONY OF BANKAMERICA CLASS EXPERTS MILLER AND ROSS. (FILED UNDER SEAL AND PLACED IN VAULT) (DLB) (Entered: 01/10/2002)


01/14/2002 420 ANSWER BY INTERLINEATION TO NATIONSBANK CLASSES' FURTHER AMENDMENT BY INTERLINEATION TO THE FIRST CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT by defendants in 4:99-md-01264 to [17-1] (DLB) (Entered: 01/15/2002)

01/17/2002 421 MEMORANDUM OF LAW by defendants in 4:99-md-01264 in opposition to Nationsbank Classes' motion for partial summary judgment [358-1] w/exhibit A attached FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 01/18/2002)


01/17/2002 422 CORRECTED RESPONSE by defendants in 4:99-md-01264 to Nationsbank Classes' statement of uncontroverted facts in support of their motion for partial summary judgment [358-] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 01/18/2002 (Entered: 01/18/2002)

01/17/2002 423 SUPPLEMENTAL APPENDIX VOLUMES I, II & III filed by defendants in 4:99-md-01264 re defendants' opposition to NationsBank Classes' motion for partial summary judgment [358-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 01/18/2002)



01/17/2002 424 REPLY by NATIONSBANK plaintiffs in 4:99-md-01264 to defendants' letter brief concerning the number of expert witnesses FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 01/18/2002)

01/17/2002 424 SEALED DOCUMENT by NATIONSBANK plaintiffs in 4:99-md-01264 [424-1] (DLB) (Entered: 01/18/2002)

01/18/2002 425 LETTER AND PROPOSED SCHEDULING ORDER by Honorable John F. Nangle (cc: all counsel) (DLB) (Entered: 01/18/2002)

01/23/2002 426 ORDER by Honorable John F. Nangle ; In-court hearing 2/20/02 at 10:00am in Savannah, GA; Joint Pre-hearing Resp to court ddl 1/30/02 (cc: all counsel) (DLB) (Entered: 01/23/2002)

01/23/2002 427 ORDER by Honorable John F. Nangle - The Court hrereby ORDERS defendants to create a new privilege log with respect to the eleven assertedly privileged documents....Th Court FURTHER ORDERS defendant to submit an affidavit for each document setting forth the factual basis for such document's claimed privilege or protection. re [184-1] (cc: all counsel) (DLB) (Entered: 01/23/2002)

01/28/2002 428 ORDER by Honorable John F. Nangle - Counsel for all parties other than the Florida Board of Administration shall meet forthwith ....to prepare a proposed joint questinaire to be mailed to prospective jurors prior to trial.....Counsel shall provide such proposed questionaire to the Court in Savannah, GA no later than 4:00pm on 2/7/02. (cc: all counsel) (DLB) Modified on 01/30/2002 (Entered: 01/28/2002)

01/28/2002 429 ORDER by Honorable John F. Nangle - THIS ACTION IS SET ON THE TRIAL DOCKET FOR Monday, April 8, 2002, at 9:30a.m.. IT IS HEREBY ORDERED that plaitniffs counsel confer with defense counsel and file with the Clerk of this Court and original and two copoes of a consolidated proposed pre-trial order by 4:00pm on Friday, March 8, 2002....IT IS FURTHER ORDERED that the case is set for pre-trial conference on Friday, March 15, 2002, at 10:30am, in St. Louis, Missouri...IT IS FURTHER ORDERED that counsel for the parties submit the following to the Courtroom Deputy Clerk no later than 3/8/02: (a) Three copies of typed exhibit list. (b) Three copies of typed witness lists.... THERE SHALL BE NO CONTINUANCE GRANTED IN THIS CASE AS SET. (cc: all counsel) (DLB) Modified on 01/30/2002 (Entered: 01/28/2002)

01/28/2002 430 ORDER by Honorable John F. Nangle - In its 1/23/02 Order, the Court set forth the following four questions regarding a possible bifurcation in which the claims of the BankAmerica purchaser plaintiffs would be tried together with the claims of the NationsBank plaintiffs. See Order for questions. The parties are hereby ORDERED to respond to these four questions via facsimle to the Court's Savannah, GA chambers no later than Monday, 2/4/02. The NationsBank plaintiffs shall respond to the first question, the BankAmerica plaintiffs shall respond to the second, both sets of plaintiffs to the third and defendants to the fourth. The Court further ORDERS that the stay currently imposed on the claims of all OBA plaintiffs be lifted with respect to the claims of the OBA purchaser class. Within 10 days of the date of this ORDER, defendants shall file all motions or pleadings responsive to the newly added claims of the OBA purchaser plaintiffs. (cc: all counsel) (DLB) Modified on 01/30/2002 (Entered: 01/28/2002)

01/29/2002 431 SUPPLEMENTAL SUMMARY JUDGMENT APPENDIX by defendants in 4:99-md-01264 re: defendants' opposition to FSBA's motion for summary judgment [359-1] FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 01/30/2002 (Entered: 01/30/2002)


01/29/2002 432 MEMORANDUM by defendant Hugh L. McColl Jr. in 4:99-md-01264, defendant James H. Hance Jr. in 4:99-md-01264, defendant Marc D. Oken in 4:99-md-01264 in opposition to FSBA's motion for summary judgment on its claim for breach of fiduciary duty [359-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) Modified on 01/30/2002 (Entered: 01/30/2002)

01/29/2002 432 SEALED DOCUMENT by defendant Hugh L. McColl Jr. in 4:99-md-01264, defendant James H. Hance Jr. in 4:99-md-01264, defendant Marc D. Oken in 4:99-md-01264 [432-1] (DLB) Modified on 01/30/2002 (Entered: 01/30/2002)

01/29/2002 433 RESPONSE by defendant Hugh L. McColl Jr. in 4:99-md-01264, defendant James H. Hance Jr. in 4:99-md-01264, defendant Marc D. Oken in 4:99-md-01264 to FSBA's Statement of Uncontroverted facts in support if its motion for summary judgment [359] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/30/2002)

01/29/2002 434 REPLY BRIEF by plaintiff Florida State Board in 4:99-md-01264 in support of its motion for summary judgment on its claim for breach of fiduciary duty [359-1] FILED UNDER SEAL AND PLACED IN VAULT (DLB) (Entered: 01/30/2002)


01/29/2002 435 MOTION by NationsBank plaintiffs in 4:99-md-01264 for an extension until 2/4/02 to file their Joint Pre-Hearing Response (DLB) (Entered: 01/30/2002)

01/30/2002 436 ORDER by Honorable John F. Nangle granting motion for an extension until 2/4/02 to file their Joint Pre-Hearing Response [435-1] (cc: all counsel) (DLB) (Entered: 01/30/2002)

02/01/2002 437 ORDER by Honorable John F. Nangle - The Court hereby CANCELS the hearing previously scheduled in this case for Wednesday, February 20, 2002. (cc: all counsel) (DLB) (Entered: 02/01/2002)

02/08/2002 438 TELECONFERENCE MINUTES: before Honorable John F. Nangle - Telephone conference held w/counsel court reporter: n/a; proceedings started: 10:30am - ended: 11:00am (DLB) (Entered: 02/13/2002)

02/12/2002 439 MOTION by plaintiff Florida State Board in 4:99-md-01264 to lift stay w/memorandum in support attached FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 02/13/2002)


02/13/2002 440 ORDER by Honorable John F. Nangle There will be a hearing on Wednesday, February 20, 2002 at 10:00am. The Court hereby REMOVES from the trial docket the claims fo the NationsBank plaintiffs against defendants, currently set for Monday, April 8, 2002 at 9:30am. The Court hereby SETS FOR TRIAL the claims of FSBA against defendants for Monday, April 8, 2002 at 9:30am. (cc: all counsel) (DLB) (Entered: 02/13/2002)

02/13/2002 441 ORDER by Honorable John F. Nangle - THIS ACTION IS SET ON THE TRIAL DOCKET FOR Monday, April 8, 2002 at 9:30am. Only the claims of the Florida State Board of Administration shall be tried at this time. IT IS HEREBY ORDERED that plaintiffs' counsel confer with defense counsel and file with the Clerk of this Court an original and two copies of a consolidated pre-trial order by 4:00pm on Friday, March 9, 2002....IT IS FURTHER ORDERED that the case is set for pre-trial conference on Friday, March 15, 2002, at 10:30am, in St. Louis, Missouri....IT IS FURTHER ORDERED that counsel for the parties submit the

following items to the Courtroom Deputy Clerk no later than March 8, 2002. See order for details. THERE SHALL BE NO CONTINUANCE GRANTED IN THIS CASE AS SET. w/instructions attached. (cc: all counsel) (DLB) (Entered: 02/13/2002)

02/13/2002 442 MOTION by Natiosbank and BankAmerica class plaintiffs 4:99-md-01264 to lift in part the Court's stay of BankAmerica and FSBA claims and for a scheduling order to approve settlement FILED UNDER SEAL AND PLACED IN VAULT. (DLB) (Entered: 02/14/2002)


02/20/2002 443 MOTION HEARING MINUTES: before Honorable John F. Nangle - Parties present for motion hearing on motions to lift stay. Arguments made. Order to issue court reporter: Patti White; proceedings started: 10:00am - ended: 10:45am (DLB) (Entered: 02/21/2002)

02/20/2002 444 IN CHAMBERS CONFERENCE MINUTES: before Honorable John F. Nangle Parties present for settlement conference. No settlement reached. court reporter: n/a; proceedings started: 11:00am - ended: 2:15pm (DLB) (Entered: 02/21/2002)

02/22/2002 445 ATTORNEY APPEARANCE for BankAmerica plaintiffs Selma Kaiser Brian Markee and in 4:99-md-01264 by Michael R. Karnuth and withdrawal of Robert J. Stein, III. (DLB) (Entered: 02/25/2002)

02/25/2002 446 ORDER by Honorable John F. Nangle - The Joint motion to lift in part the Court's stay of BankAmerica and FSBA claims and for a scheduling order to approve settlement [442-1] is GRANTED to the extent that the Court hereby: (1) continues the claims of FSBA against defendants until a date which will be provided shortly by the Court; (2) maintains the stay of the claims of the "Desmond" plaitniffs; and (3) lifts the stay of the claims fo all Old BankAmerica class plaintiffs. The Court hereby CANCELS the pre-trial hearing currently scheduled for 3/15/02 with respect to the claims of FSBA against defendants and REMOVES from the trial docket the claims of FSBA against defendants, currently set for Monday, April 8, 2002 at 9:30am. The Court hereby schedules a hearing in this action on Friday, March 15, 2002 at 10:00am. At such hearing, the Court shall, among other things, schedule a subsequent hearing to determine the fairness of the proposed settlement agreement. (cc: all counsel) (DLB) (Entered: 02/25/2002)

02/28/2002 447 ORDER by Honorable John F. Nangle - As discussed by the Court during its 2/20/02 meeting with counsel, defendants and FSBA jointly shall submit to the Court in its Savannah, Georgia chambers no later than 3/6/02, a proposed juror questinnaire to be mailed to a juror panel to be selected according to law. (cc: all counsel) (DLB) (Entered: 02/28/2002)

03/04/2002 448 MOTION by plaintiffs in 4:99-md-01264 for an extension of time in which to file settlement agreement (DLB) (Entered: 03/05/2002)

03/05/2002 449 ORDER by Honorable John F. Nangle granting motion for an extension of time in which to file settlement agreement no later than 3/7/02. [448-1] (cc: all counsel) (DLB) (Entered: 03/05/2002)

03/08/2002 450 STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT by named plaintiffs, lead plaintiffs and the class respresentative, defendants in 4:99-md-01264 (DLB) (Entered: 03/11/2002)

03/08/2002 451 NOTICE OF FILING AND MOTION by plaintiff in 4:99-md-01264 for entry of order of preliminary approval w/proposed order attached. (DLB) (Entered: 03/11/2002)

03/15/2002 452 STATUS HEARING MINUTES: before Honorable John F. Nangle court reporter: Sue Moran; proceedings started: 10:10am - ended: 11:30am (DLB) (Entered: 03/15/2002)

03/15/2002 453 IN CHAMBERS CONFERENCE MINUTES: before Honorable John F. Nangle court reporter: n/a; proceedings started: 12:00pm - ended: 12:30pm (DLB) (Entered: 03/15/2002)

03/15/2002 454 STIPULATION OF DISMISSAL WITH PREJUDICE - by Florida State Board of Administration and defendants - SO ORDERED Honorable John F. Nangle (cc: all counsel) (DLB) (Entered: 03/15/2002)

03/18/2002 455 ORDER by Honorable John F. Nangle - On Friday, the Court entered a Stipulation of Dismissal with Prejudice (454) dismissing the claims of Florida State Board of Administration (FSBA) against defendants. Accordingly, it is hereby ORDERED that the following motions are DENIED as MOOT: finding the motion to lift stay [439-1] moot., finding the motion to exclude proposed testimony of FSBA expert Paul E. Marcus [405-1] moot., finding the motion for summary judgment [359-1] moot. (cc: all counsel) (DLB) (Entered: 03/18/2002)

03/19/2002 456 ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERED that interested parties at to submit the following documents to the Court no later than Monday, April 1, 2002: 1. a finalized proposed claim form; 2. information regarding the bank accounts in which the settlement funds will be held prior to their distribution to class members; 3. an estimated cost of a second publication to class members of notice of settlement; 4. a revised proposed clas notice replaceing the language indicating that the fairness hearing " shall continue from day to day" with language indicating that the fairness hearing "may be continued to a subsequent date by the Court," and reflecting the fact that the Court, in its unlimited discretion, shall determine the charity or charities which shall receive any settlement funds no distributed to class members; 5. a revised stipulation of settlement removing the provision which incorrectly states that the Court and lead plaintiffs have authorized such stipulation; and 6 a statement (or statements) setting forth the position of each lead plaintiff regarding the proposed settlement. ; Resp to court ddl 4/1/02 (cc: all counsel) (DLB) (Entered: 03/19/2002)

04/01/2002 457 ORDER by Honorable John F. Nangle - The Court hereby designates as part of the record of this case the attached correspondence from lead plaintiff David Oetting to the Court, dated March 29, 2002. (cc: all counsel) (DLB) (Entered: 04/02/2002)

04/05/2002 458 ORDER by Honorable John F. Nangle granting motion for entry of order of preliminary approval of settlement and related matters [451-1] In-court hearing 5/30/02 @ 9:30am (cc: all counsel) (KKS) (Entered: 04/05/2002)

04/16/2002 459 TRANSCRIPT filed from Status Hearing of February 20, 2002; court reporter:

Patti White (DLB) (Entered: 04/17/2002)

04/22/2002 460 TRANSCRIPT filed from Motion hearing of 3/15/02; court reporter: Sue Moran (DLB) (Entered: 04/22/2002)

05/03/2002 461 NOTICE OF INTENT TO OBJECT by movant Milberg,Weiss in 4:99-md-01264 (DLB) (Entered: 05/05/2002)

05/03/2002 461 REQUEST by movant Milberg,Weiss in 4:99-md-01264 for leave to be placed on service list (DLB) Modified on 05/07/2002 (Entered: 05/05/2002)

05/06/2002 462 OBJECTIONS TO SETTLMENT (3) from shareholders. (DLB) (Entered: 05/10/2002)

05/08/2002 463 OBJECTION TO SETTLEMENT from shareholder Richard Hall. (DLB) (Entered: 05/10/2002)

05/09/2002 464 OBJECTION TO SETTLMENT by shareholder Gene M. Zafft. (DLB) (Entered: 05/10/2002)

05/13/2002 465 ATTORNEY APPEARANCE for plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 by Mitchell A. Margo (DLB) (Entered: 05/14/2002)

05/13/2002 466 OBJECTIONS TO PROPOSED CLASS ACTION SETTLEMENT by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 (DLB) (Entered: 05/14/2002)

05/13/2002 467 MEMORANDUM by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 w/A-L attached. (DLB) (Entered: 05/14/2002)

05/13/2002 468 MOTION by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 for preliminary hearing (DLB) (Entered: 05/14/2002)

05/13/2002 469 OBJECTIONS TO PROPOSED CLASS SETTLEMENT by objector Ernesto Gumapas in 4:99-md-01264, objector Sydney Sorkin in 4:99-md-01264, objector Herman Syken in 4:99-md-01264, objector Alison Desmond in 4:99-md-01264 (DLB) (Entered: 05/14/2002)

05/13/2002 470 DECLARATION by Reed R. Kathrein re [469-1] w/exhibits A-E attached. (DLB) (Entered: 05/14/2002)

05/13/2002 471 DECLARATION IN SUPPORT OF OBJECTIONS TO PROPOSED CLASS SETTLEMENT SUBMITTED BY ERNESTO GUMPAS, SIDNEY SORKIN, HERMAN SHYKEN AND ALLISON DESMOND by Bjorn I. Steinholt re [469-1] w/exhibits A,B,C attached. (DLB) Modified on 05/14/2002 (Entered: 05/14/2002)

05/13/2002 472 DECLARATION IN SUPPORT OF OBJECTIONS TO PROPOSED SETTLEMENT SUBMITTED BY ERNESTO GUMAPAS, SYDNEY SORKIN, HERMAN SHYKEN, AND ALLISON DESMOND by John K. Grant re [469-1] w/exhibits A-P attached. (DLB) (Entered: 05/14/2002)

05/13/2002 473 MOTION by objector Ernesto Gumapas in 4:99-md-01264, objector Sydney Sorkin

in 4:99-md-01264, objector Herman Syken in 4:99-md-01264, objector Alison Desmond in 4:99-md-01264 to extend time for objections, continue the fairness hearing, unseal court records, and permit discovery into matters pertaining to the fairness, reasonableness and adequacy of the proposed settlement w/exhibits A,B attached. (DLB) (Entered: 05/14/2002)

05/13/2002 474 MOTION by objector Ernesto Gumapas in 4:99-md-01264, objector Sydney Sorkin in 4:99-md-01264, objector Herman Syken in 4:99-md-01264, objector Alison Desmond in 4:99-md-01264 to intervene (DLB) (Entered: 05/14/2002)

05/13/2002 475 REQUEST by objector Ernesto Gumapas in 4:99-md-01264, objector Sydney Sorkin in 4:99-md-01264, objector Herman Syken in 4:99-md-01264, objector Alison Desmond in 4:99-md-01264 to be heard orally (DLB) (Entered: 05/14/2002)

05/15/2002 476 MEMORANDUM by NATIONSBANK CLASSES' in 4:99-md-01264 in opposition to motion for preliminary hearing [468-1] (DLB) (Entered: 05/16/2002)

05/16/2002 477 OBJECTIONS AND NOTICE OF JOINDER by BANKAMERICA PLAINTIFFS in 4:99-md-01264 in the NationsBank Classes opposition to the motion for preliminary hearing [468-1] by messrs, Oetting, Koehler and Kloster. (DLB) (Entered: 05/16/2002)

05/16/2002 478 MEMORANDUM by defendant Hugh L. McColl Jr. in 4:99-md-01264, defendant James H. Hance Jr. in 4:99-md-01264, defendant David A. Coulter in 4:99-md-01264, defendant Michael E. O'Neill in 4:99-md-01264, defendant John J. Higgins in 4:99-md-01264, defendant Marc D. Oken in 4:99-md-01264, defendant Bank of America in 4:99-md-01264 in opposition to motion for preliminary hearing [468-1] (DLB) (Entered: 05/16/2002)

05/16/2002 479 OBJECTION OF COREY MORSE CONOVER TO PROPOSED CLASS SETTLEMENT AND ATTORNEYS FEES w/affidavit attached. (DLB) (Entered: 05/16/2002)

05/16/2002 480 MOTION by movant Carol Mackay in 4:99-md-01264 to intervene w/memorandum in support and complaint intervention attached. (DLB) (Entered: 05/20/2002)

05/16/2002 481 MOTION by movant Carol Mackay in 4:99-md-01264 for leave to file preliminary objections w/objections attached. (DLB) (Entered: 05/20/2002)

05/16/2002 482 NOTICE OF MOTION, INTENTION TO APPEAR, AND FILING by movant Carol Mackay in 4:99-md-01264 (DLB) (Entered: 05/20/2002)

05/17/2002 483 LETTER construed as, "OBJECTION TO PROPOSED SETTLEMENT" filed by Frank D. Armstrong (DLB) Modified on 05/20/2002 (Entered: 05/20/2002)

05/20/2002 484 ORDER by Honorable John F. Nangle denying motion for preliminary hearing [468-1] (cc: all counsel) (DLB) (Entered: 05/20/2002)

05/20/2002 485 MOTION by NationsBank Class plaintiffs in 4:99-md-01264 for to approve the settlement and plan of allocation w/brief in support attached. (DLB) (Entered: 05/21/2002)

05/20/2002 486 APPLICATION by NationsBank Class plaintiffs in 4:99-md-01264 for an award of

attorneys fees w/brief in support attached. (DLB) (Entered: 05/21/2002)

05/20/2002 487 APPLICATION by NationsBank plaintiffs in 4:99-md-01264 for reimbursement of expenses w/brief in support attached. (DLB) (Entered: 05/21/2002)

05/20/2002 488 AFFIDAVITS of Martin Green, Jules Broday, Martin Chitwood, Deborah Gross, Daniel Berger, Michael Pucillo, Andrew Friedman, Donald Clooney, Andrew Entwistle, Daniel Krasner, , Neil Berinhout, Marc Edelson, David Jaroslawicz, Andrew Oglivie, Brian Hufford, Marvin Frank, Stuart Savett, Jeffrey Nobel, Curtis Trinko, Robert C. Wilson, Lester Levy, Charles Piven, David Scott, Klarie Neuwelt filed in support of NationsBank Classes Application for award fo attorney's fees and application for reimbursement of expenses. re [487-1], re [486-1] PLACED IN EXPANSION FOLDERS. (DLB) (Entered: 05/21/2002)

05/20/2002 489 AFFIDAVIT of Michael E. Hamer regarding dissemination of notice/claim forms to the class. PLACED IN EXPANSION FOLDER (DLB) Modified on 05/21/2002 (Entered: 05/21/2002)

05/20/2002 490 DECLARATION OF JOE D. JACOBSON CONCERNING TRAFFIC ON SETTLEMENT WEB-SITE ESTABLISHED BY COUNSEL. (DLB) (Entered: 05/21/2002)

05/20/2002 491 DECLARATION OF MARTIN M. GREEN IN SUPPORT OF FINAL APPROVAL OF PROPOSED SETTLMENT, PLAN OF ALLOCATION AND NATIONSBANK CLASS COUNSELS' APPLICATION FOR ATTORNEYS' FEES AND REMIBURSEMENT OF EXPENSES. (DLB) (Entered: 05/21/2002)

05/20/2002 492 DECLARATION OF FERNANDO BERMUDEZ CONCERNING ATTORNEYS' FEE AWARDS IN SECURITIES CLASS ACTION CASES SETTLING FOR OVER $100 MILLION. (DLB) (Entered: 05/21/2002)

05/20/2002 493 GENERAL OVERVIEW OF OBJECTIONS AND PURPORTED OBJECTIONS FILED by NATIONSBANK CLASSES'in 4:99-md-01264 (DLB) (Entered: 05/21/2002)

05/20/2002 494 CERTIFICATE OF SERVICE FOR THE NATIONSBANK plaintiffs in 4:99-md-01264 (DLB) (Entered: 05/21/2002)

05/20/2002 495 MEMORANDUM OF LAW IN SUPPORT OF THE PROPOSED SETTLEMENT by BANKAMERICA CLASSES' in 4:99-md-01264 (DLB) (Entered: 05/21/2002)

05/20/2002 496 MEMORANDUM OF LAW IN SUPPORT OF REQUEST FOR ATTORNEYS' FEES ADN REMIMBURSEMENT OF EXPENSES by BANKAMERICA CLASSES' in 4:99-md-01264 (DLB) (Entered: 05/21/2002)

05/20/2002 497 MEMORANDUM by BANKAMERICA CLASSES' in 4:99-md-01264 in opposition to objection [483-1], to objection [479-1], to objection [477-1], to motion to intervene [474-1], to motion to time for objections, continue the fairness hearing, unseal court records, and permit discovery into matters pertaining to the fairness, reasonableness and adequacy of the settlement [473-1], to objection [469-1], to objection [466-1], to objection [464-1], to objection [463-1], to objection [462-1] (DLB) (Entered: 05/21/2002)

05/20/2002 498 COMPENDIUM OF UNREPORTED DECISIONS CITED IN SUPPORT OF THE

PROPOSED SETTLEMENT AND REQUEST FOR ATTORNEYS'S FEES AND REMIBURSMENT OF EXPENSES by BankAmeria Classes' in 4:99-md-01264. PLACED IN EXPANSION FOLDER (DLB) (Entered: 05/21/2002)

05/20/2002 499 COMPENDIUM OF COUNSEL AFFIDAVITS SUBMITTED IN SUPPORT OF THE PROPOSED CLASS ACTION SETTLMENT AND APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REMIMBURSEMENT OF EXPENSES FILED by BankAmerica Classes in 4:99-md-01264. PLACED IN EXPANSION FOLDER (DLB) (Entered: 05/21/2002)

05/20/2002 500 AFFIDAVIT of Arthur N. Abbey (DLB) (Entered: 05/21/2002)

05/20/2002 501 DECLARATION OF THE CALIFORNIA CLASS REPRESENTATIVES IN SUPPORT OF THEIR REQUEST FOR REIMBURSEMENT OF LOST WAGES AND EXPENSES. (DLB) (Entered: 05/21/2002)

05/20/2002 502 CERTIFICATE OF SERVICE by BankAmerica Classes in 4:99-md-01264 (DLB) (Entered: 05/21/2002)

05/20/2002 503 APPLICATION FOR ATTORNEYS FEES by plaintiff Florida State Board in 4:99-md-01264 (DLB) (Entered: 05/21/2002)

05/21/2002 504 CORRECTED CERTIFICATE OF SERVICE by NationsBank Classes in 4:99-md-01264 (DLB) (Entered: 05/22/2002)

05/21/2002 505 STATEMENT by defendant in 4:99-md-01264 in support of settlement and in response to certain objections [450-1] (DLB) (Entered: 05/22/2002)

05/21/2002 506 MOTION by objector Ernesto Gumapas in 4:99-md-01264, objector Sydney Sorkin in 4:99-md-01264, objector Herman Syken in 4:99-md-01264 for appointment of counsel to represent the abandoned BankAmerica/BankAmerica purchaser classes; NationsBank holder and purchaser claims and appointing Gumpas, Sorkin and Shyken as additional class representatives of their respective classes (DLB) Modified on 05/22/2002 (Entered: 05/22/2002)

05/22/2002 507 NOTICE OF FILING OF "EXHIBIT C" TO THE AFFIDAVIT OF JAMES S. NOTICE by BankAmerica plaintiffs' in 4:99-md-01264 w/exhibits A,B,C attached. (DLB) (Entered: 05/22/2002)

05/23/2002 508 ORDER by Honorable John F. Nangle - Given the pendency fo a settllment hearing in the instat case, the Court hereby STAYS until further Order the following pending motions: Doc 0(for summary judgment and to exceed page limit); [334-1] (for leave to file reply brief); [353-1](same); 358)for partial summary judgment); [363-1-376-1](motions in limine); [377-1](to exclude proposed expert testimony) and [378-1](same) (cc: all counsel) (DLB) Modified on 05/24/2002 (Entered: 05/24/2002)

05/23/2002 509 ORDER by Honorable John F. Nangle granting motion to intervene [480-1] as to class members Mackay, Gumapas, Shyken and Sorkin, but soley for the purpose of taking an appeal from any Judgment that the Court should subsequently enter, denying Desmond's motion to intervene [474-1], granting in part and denying in part objectors motion to extend time for objections, continue the fairness hearing, unseal court records, and permit into matters pertaining to the fairness, reasonableness and adequacy of the proposed settlement [473-1] to the extent that it

seeks additional discovery, a continuation of the fairness hearing and additional time in which to file objections; however the Court hereby GRANTS the instant motion in part to the extent that all objectors currently of record who agrees to adhere to the Protective Order(#53] may review the documents which have been filed under seal in this case. The one exception shall be Document [322] which shall remain under seal and unavaible to be reviewed by any party or objector. (cc: all counsel) (DLB) Modified on 05/24/2002 (Entered: 05/24/2002)

05/23/2002 510 OBJECTION to PROPOSED SETTLMENT AGREEMENT [450-1] by Don Schnoor. (DLB) (Entered: 05/24/2002)

05/23/2002 511 TELEPHONE CONFERENCE MINUTES: before Honorable John F. Nangle court reporter: n/a; proceedings started: 1:45pm - ended: 2:30pm (DLB) (Entered: 05/24/2002)

05/28/2002 512 ORDER by Honorable John F. Nangle denying motion for preliminary hearing [468-1] (cc: all counsel) (DLB) (Entered: 05/28/2002)

05/28/2002 515 ORDER by Honorable John F. Nangle - Having previously authorized objectors to the proposed settlement to view certain documents filed under seal in the instant case, the Court hereby AUTHORIZES the Clerk of Court to make copies of such documents as requested by said objectors. (cc: all counsel) (DLB) Modified on 05/29/2002 (Entered: 05/28/2002)

05/28/2002 513 DECLARATION OF DENNIS J. HERMAN re [53-1] (DLB) (Entered: 05/29/2002)

05/28/2002 514 DECLARATION OF JOHN K. GRANT re [53-1] (DLB) (Entered: 05/29/2002)

05/28/2002 516 BRIEF submitted by NationsBank plaintiffs in 4:99-md-01264 re: Florida State Board of Administration's application for attorneys fees [503-1] (DLB) (Entered: 05/29/2002)

05/28/2002 517 BRIEF submitted by NationsBank plaintiffs in 4:99-md-01264 in opposition to Milberg,Weiss motion for appointment of counsel to represent the abandoned BankAmerica/BankAmerica purchaser classes; NationsBank holder and purchaser claims and appointing Gumpas, Sorkin and Shyken as additional class representatives of their respective classes [506-1] (DLB) (Entered: 05/29/2002)

05/29/2002 518 RESPONSE TO NATIONSBANK CLASSES' MOTION TO APPROVE THE SETTLEMENT AND PLAN OF ALLOCATION by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 (DLB) (Entered: 05/30/2002)

05/29/2002 519 APPLICATION FOR PAYMENT OF FEES AND REMIBURSEMENT OF EXPENSES by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 (DLB) (Entered: 05/30/2002)

05/30/2002 520 ATTORNEY APPEARANCE for intervenor Carol Mackay in 4:99-md-01264 by N. Albert Bacharach (DLB) (Entered: 05/31/2002)

05/30/2002 521 MEMORANDUM IN SUPPORT OF PRELMINARY OBJECTIONS by intervenor Carol Mackay in 4:99-md-01264 to the proposed settlement agreement

& supplementing thereto [450-1] (DLB) (Entered: 05/31/2002)

05/30/2002 522 MEMORANDUM by BankAmerica plaintiffs in 4:99-md-01264 in opposition to motion for appointment of counsel to represent the BankAmerica/BankAmerica purchaser classes; NationsBank holder and purchaser claims and appointing Gumpas, Sorkin and Shyken as additional class representatives of their respective classes [506-1] (DLB) (Entered: 05/31/2002)

05/30/2002 523 AFFIDAVIT of Arthur Abbey in opposition to the Milberg objectors' motion for appointment of class counsel and class representatives [506-1] (DLB) (Entered: 05/31/2002)

05/30/2002 524 AFFIDAVIT of James S. Notis in opposition to the Milberg objectors' motion for appointment of class counsel and class representatives [506-1] (DLB) (Entered: 05/31/2002)

05/30/2002 525 CERTIFICATE OF SERIVCE by BankAmerica plaintiffs in 4:99-md-01264 (DLB) (Entered: 05/31/2002)

05/30/2002 526 FAIRNESS HEARING MINUTES: before Honorable John F. Nangle In-court hearing held; arguments made; argument on attoreys fees continued until tomorrow court reporter: Gayle Beilsmith; proceedings started: 9:42am - ended: 4:28am w/court exhibits 1-4 attached. (DLB) Modified on 06/03/2002 (Entered: 05/31/2002)

05/31/2002 527 ATTORNEY FEE HEARING MINUTES: before Honorable John F. Nangle - Hearing held. Arguments made. Application for attorneys fees taken under submission. court reporter: Gayle Beilsmith; proceedings started: 10:10am - ended: 11:30am (DLB) (Entered: 06/03/2002)

05/31/2002 528 MOTION by movant Wachovia Bank Na in 4:99-md-01264 for extension of time to submit claims forms up to and including 10/13/02 (DLB) (Entered: 06/03/2002)

06/04/2002 529 ORDER by Honorable John F. Nangle granting Wachovia's motion for extension of time to submit claims forms up to and 10/13/02 [528-1]; granting NationsBank's request for additional time in which to respond to the lead plntfs' counsel's application for payment of fees and reimbursement of expenses response ddl 6/21/02; granting NationsBank's request to submit application for expenses no later than 6/21/02 re [519-1] ; Resp to court ddl 10/14/02 (cc: all counsel) (KKS) (Entered: 06/05/2002)

06/04/2002 530 POST FAIRNESS HEARING FILING by NationsBank plaintiffs in 4:99-md-01264 (DLB) (Entered: 06/13/2002)

06/04/2002 531 AFFIDAVIT of Owen Carney, Thomas A. Myers and Geeta R. Sundrani in support of applications for attorneys fees re [503-1], re [486-1] (DLB) (Entered: 06/13/2002)

06/04/2002 532 SUPPLEMENTAL AFFIDAVIT of Vincent Cappucci in support of application for attorneys fees and reimbursement of expenses on behalf of Entwistle and Cappucci LLP re [487-1], re [486-1] (DLB) (Entered: 06/13/2002)

06/05/2002 533 REPLY by intervenor Ernesto Gumapas in 4:99-md-01264, intervenor Sydney Sorkin in 4:99-md-01264, intervenor Herman Shyken in 4:99-md-01264 in support

of motion for appointment of counsel to represent the abandoned BankAmerica/BankAmerica purchaser classes; NationsBank holder and purchaser claims and appointing Gumpas, Sorkin and Shyken as additional class representatives of their respective classes [506-1] (DLB) (Entered: 06/13/2002)

06/05/2002 534 SUPPLEMENT by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 to application for payment of fees and reimbursement of expenses [519-1] (DLB) (Entered: 06/13/2002)

06/10/2002 537 ORDER by Honorable John F. Nangle - Counsel for Bank America plaintiffs are hereby ORDERED to submit to the Court detailed, written answers to these questions no later than 6/14/02. Such ansers should address Bank America plaitiffs' statement that, "the claims of those who purchased after 10/1/98, the date of the press conference announcing consummation of the merger and at which defendnt McColl allegedly misrepresented the true exposure of BankAmerica to losses from D.E. Shaw at a time when those losses and risks had arguably become more apparent to defendnts, [are] stronger than the calaims of the BankAmerica Purchasers prior to that time." BankAmerica Classes' Memorandum of Law in Support ot Proposed Settlement at 23. Before the Court is a motion for leave to file the affidavit of Michael Koehler. Such motion is hereby GRANTED and the record with respect to the NationsBank class representatives' objections is hereby deemed to be fully submitted. No further filings in support of such objections shall be considered. (cc: all counsel) (DLB) Modified on 06/13/2002 (Entered: 06/10/2002)

06/10/2002 538 ORDER by Honorable John F. Nangle - The Court hereby ORDERS NationBank plaintiffs to supplement this filing with a list of the one hundred cases in the last ten years with the lowest awards of attorneys fees. NationsBank plaintiffs shall list such cases by the size of the fund recovered and shall submit such supplemental filings no later than 6/17/02.(cc: all counsel) (DLB) Modified on 06/13/2002 (Entered: 06/10/2002)

06/10/2002 535 LETTER from Richard Hall re: legal fees (DLB) (Entered: 06/13/2002)

06/10/2002 536 MOTION by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 for leave to file the affidavit of Michael Koehler w/affidavit attached as exhibit "A". (DLB) Modified on 06/13/2002 (Entered: 06/13/2002)

06/10/2002 539 AFFIDAVIT of Michael Koehler (DLB) (Entered: 06/13/2002)

06/11/2002 540 MOTION by intervenor Ernesto Gumapas in 4:99-md-01264, intervenor Sydney Sorkin in 4:99-md-01264, intervenor Herman Shyken in 4:99-md-01264 to supplement record with expert reports w/expert reports attached. FILED UNDER SEAL AND PLACED IN VAULT. (DLB) Modified on 06/13/2002 (Entered: 06/13/2002)

06/11/2002 540 SEALED DOCUMENT by intervenors in 4:99-md-01264 [537-1] (DLB) Modified on 06/13/2002 (Entered: 06/13/2002)

06/13/2002 NOTICE OF FILING OF POST-SETTLEMENT HEARING MATERIALS by BankAmerica plaintiffs in 4:99-md-01264 (DLB) (Entered: 06/17/2002)

06/14/2002 541 ORDER by Honorable John F. Nangle ORDERED that the Bank America Pltf's motion for an extention of time to respond to the questions asked in the Court's 6/10/02 order is granted. BankAmerica pltfs' may submit to the court their responses to the questions asked in the Court's 6/10/02 order on or before 6/19/02. (cc: all counsel) (LGK) (Entered: 06/14/2002)

06/14/2002 542 TRANSCRIPT filed from Fairness Hearing of May 30, 2002; court reporter: Gail Beilsmith PLACED IN EXPANSION FOLDER (DLB) (Entered: 06/17/2002)

06/17/2002 543 MOTION by BankAmerica plaintiffs in 4:99-md-01264, for an extension of time to respond to the questions asked in the Court's June 10, 2002 order. (Ruled in 6/14/02 Order) (DLB) (Entered: 06/17/2002)

06/17/2002 544 FILINGS PURSUANT TO JUNE 10, 2002 ORDER by NationsBank plaintiffs in 4:99-md-01264 (DLB) (Entered: 06/19/2002)

06/17/2002 545 OPPOSITION by NationsBank plaintiffs in 4:99-md-01264 to motion to supplement record with expert reports [540-1] (DLB) (Entered: 06/19/2002)

06/20/2002 546 ANSWERS to the Questions asked in the Court's June 10, 2002 Order by BankAmerica plaintiffs in 4:99-md-01264 [537-1] (DLB) (Entered: 06/25/2002)

06/21/2002 547 BRIEF IN RESPONSE FOR ATTORNEYS FEES AND EXPENSES submitted by COUNSEL FOR plaintiff David P. Oetting in 4:99-md-01264, plaintiff John M. Koehler in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 re: application [519-1] (DLB) (Entered: 06/25/2002)

06/21/2002 548 APPLICATION by NAMED PLAITNIFFS OF NATIONSBANK CLASSES FOR REMIBURSEMENT OF COSTS AND EXPENSES in 4:99-md-01264 w/numerous affidavits attached. (DLB) (Entered: 06/25/2002)

06/21/2002 549 TRANSCRIPT filed from Attorneys Fees Hearing of May 31, 2002; court reporter: Gail Beilsmith (DLB) (Entered: 06/25/2002)

07/01/2002 550 REQUEST by objector Ernesto Gumapas in 4:99-md-01264, objector Sydney Sorkin in 4:99-md-01264, objector Herman Shyken in 4:99-md-01264 to correct representations of Nationsbank counsel regarding support for settlement by Class respresentatives. (DLB) (Entered: 07/02/2002)

07/01/2002 551 MOTION by plaintiff Walter E. Ryan Jr. in 4:99-md-01264 for leave to file instanter his application for reimbursement of costs and expenses w/application attached. (DLB) (Entered: 07/02/2002)

07/03/2002 552 REQUEST by intervenor Ernesto Gumapas in 4:99-md-01264, intervenor Sydney Sorkin in 4:99-md-01264, intervenor Herman Shyken in 4:99-md-01264 for respond to the BankAmerica plaintiffs' answers to the Court's June 10, 2002 order. (DLB) (Entered: 07/03/2002)

07/08/2002 553 ORDER by Honorable John F. Nangle - A $490 million golobal settlement which provideds #333.2 million to the NationsBank classes and $256.8 million to the BankAmerica classes is fair, reasonable, and adequate when considering; the probability of plaintiffs' success on the merits; the range of recovery; the complexity, expense and likely duration of the litigation; the stage of proceedings; defendants' ability to withstand a greater judgment; and the opinions of class

counsel, class representatives and class members. The proposed plan of allocation is fair, reasonable and adequate with respect to all NationsBank plaintiffs, the BankAmerica holder plaintiffs and pre-October BankAmerica purchaser plaintiffs. Because, however, the plan of allocation is unfair, unreasonable and inadequate with respect to the October purchasers who held their shares through December 31, 1998, the Court hereby DENIES the instant motion to approve the settlement and plan of allocation [485-1] for the reasons stated herein. As discussed above, the Court also DENIES the Desmond objectors' motion for appointment of counsel to represent the abandoned BankAmerica/BankAmerica purchaser classes; NationsBank holder and purchaser claims and appointing Gumpas, Sorkin and Shyken as additional class representatives of their respective classes [506-1] (cc: all counsel) (DLB) (Entered: 07/09/2002)

07/08/2002 554 ORDER by Honorable John F. Nangle - In the event that the BankAmerica plaintiffs file a revised plain of allocation with respect to those members of the BankAmerica purchaser class who purchased Bank of America stock between October 1, and October 13, 1998 (the "October purchaser"), any party or objector desiring to respond to such revised plain , either in favor or in opposition, shall file a response thereto no later than 7 days after filing of such a revised plan. All responses SHALL BE STRICTLY LIMITED to the fairness, reasonableness and adequacy of the revised plan of allocation with respect to the October purchasers. Responses attempting to revisit the fairness, reasonableness or adequacy of the proposed settlement, or the proposed of allocation with respect to plaintiffs other than October purchasers, SHALL NOT BE CONSIDERED. (cc: all counsel) (DLB) (Entered: 07/09/2002)

07/09/2002 555 SUPPLEMENTAL APPLICATION OF NAMED PLAINTIFF OF NATIONSBANK CLASSES FOR REIMBURSEMENT OF COSTS AND EXPENSES by NationsBank plaintiffs in 4:99-md-01264 re: [548-1] (DLB) (Entered: 07/10/2002)

07/10/2002 556 REPLY MEMORANDUM IN FURTHER SUPPORT OF THE FLORIDA STATE BOARD OF ADMINISTRATION'S APPLICATION FOR ATTORNEYS FEES by plaintiff Florida State Board in 4:99-md-01264 re [503-1] (DLB) (Entered: 07/11/2002)

07/10/2002 557 DECLARATION OF STUART M. GRANT PURSUANT TO 28 U.S.C. 1746 IN SUPPORT OF THE FLORIDA STATE BOARD OF ADMINSTRATION'S APPLICATION FOR ATTORNEYS FEES by plaintiff Florida State Board in 4:99-md-01264 re [503-1] (DLB) (Entered: 07/11/2002)

07/10/2002 558 DECLARATION OF RICHARD M. DONALDSON PURSUANT TO 28 1746 IN FURTHER SUPPORT OF THE APPLICATION OF THE FLORIDA STATE BOARD OF ADMINISTRATION'S APPLICATION FOR ATTORNEYS FEES by plaintiff Florida State Board in 4:99-md-01264 re [503-1] w/exhibits A,B,C attached (DLB) (Entered: 07/11/2002)

07/11/2002 559 ORDER NUNC PRO TUNC by Honorable John F. Nangle - In this Court's Order dated July 8, 2002, the third line fo the first full paragraph on page 39 was intended to refer to BankAmerica plaintiffs' expert Alan Miller. Accordingly, the July 8, 2002 Order is hereby amended to replace the name "Alan Wetzel" with the name "Alan Miller."(cc: all counsel) (DLB) (Entered: 07/11/2002)

07/16/2002 560 MOTION by all plaintiff classes in 4:99-md-01264 to extend claim deadline for customer of certain brokerage firms (DLB) (Entered: 07/16/2002)

07/16/2002 561 ORDER by Honorable John F. Nangle granting motion to extend claim deadline for customer of certain brokerage firms [560-1], denying motion to supplement record with expert reports [540-1] (cc: all counsel) (DLB) (Entered: 07/16/2002)

07/17/2002 562 MOTION by NationsBank plaintiffs in 4:99-md-01264 to strike the Florida State Board of Administration's reply memorandum in support of its application for attorneys fees (DLB) (Entered: 07/17/2002)

07/17/2002 563 NOTICE by plaintiff Florida State Board in 4:99-md-01264 of change of address (pc: osu) (DLB) (Entered: 07/22/2002)

07/22/2002 564 APPLICATION FOR APPROVAL OF PROPOSED ALLOCATION PLAN AS REVISED by BankAmerica plaintiffs in 4:99-md-01264 w/exhibits A,B attached. (DLB) (Entered: 07/23/2002)

07/26/2002 565 OBJECTIONS by intervenor Ernesto Gumapas in 4:99-md-01264, intervenor Sydney Sorkin in 4:99-md-01264, intervenor Herman Shyken in 4:99-md-01264, objector Alison Desmond in 4:99-md-01264 to application for approval of proposed allocation plan as revised. [564-1] (DLB) (Entered: 07/29/2002)

07/30/2002 566 ORDER by Honorable John F. Nangle - The Court hereby permits counsel and the claims administrator to accept and treat as timely filed all claims delivered or post-marked on or before October 13, 2002.(cc: all counsel) (DLB) (Entered: 07/30/2002)

08/23/2002 567 ORDER by Honorable John F. Nangle; The court will hold a hearing in this action in the federal courthouse in the E/Mo on 9/18/02 @ 10am; the purpose of the hearing shall be to hear brief oral argument re: the question of the fairness of the revised plan of allocation proposed by the BankAmerica plntf's ; such argument may be presented by lead counsel for the parties and counsel for any other interested persons; counsel for defts shall be present; immediately thereafter, if requested , the court intends to hear brief oral argument re: the FSBA's application for atty's fees (# 503); any party or objector who desires to be heard in the above hearings shall so advise the court and all other interested parties and objectors in writing no later than 9/4/02; if no one indicates a desire to be heard orally, the court will then determine whether a hearing will be held, or whether the court will rule upon these matters based on the pleadings and the record evidence already presented In-court hearing 9/18/02 @ 10am re [503-1], ; Resp to court ddl 9/4/02 (cc: all counsel) (KKS) (Entered: 08/23/2002)

08/28/2002 568 REQUEST by objector Alison Desmond in 4:99-md-01264, intervenor Ernesto Gumapas in 4:99-md-01264, intervenor Sydney Sorkin in 4:99-md-01264, intervenor Herman Shyken in 4:99-md-01264 for be heard at the September 18, 2002 fairness hearing. (DLB) (Entered: 08/30/2002)

08/29/2002 569 REQUEST (in the form of a letter) by plaintiff Florida State Board in 4:99-md-01264 for oral argument on its application for attorneys fees and expenses (DLB) (Entered: 08/30/2002)

09/18/2002 570 FAIRNESS HEARING AND MOTION HEARING MINUTES: before Honorable

John F. Nangle In-court hearing held on BankAmerica classe reallocation plan and Florida State Board of Administration's application for attorneys fees; arguments made; matter taken under submission; opinion to issue court reporter: Lynn Shrum; proceedings started: 10:06am - ended: 11:46am (DLB) (Entered: 09/19/2002)

09/30/2002 571 ORDER by Honorable John F. Nangle - The Court hereby APPROVES the proposed settlement and plan of allocation [485-1]. Accordingly, the Court hereby authorizes counsel and the claims administrator to send copies of the original class notice, the revised notice and the supplement to all October purchasers, on or before Friday, October 11, 2002. The Court further authorizes counsel and the claims adminstrator to accept and treat as timely filed all claims of October purchasers delivered or post-marked on or before Friday, November 22, 2002. (cc: all counsel) (DLB) (Entered: 09/30/2002)

09/30/2002 572 ORDER by Honorable John F. Nangle - The Court hereby ORDERS lead counsel for the NationsBank and BankAmerica plaintiff classes to submit to the Court no later than Monday, October 7, 2002, updated post-fairness hearing filings. Such update shall take the same form as the original post-fairness hearing filings, and shall provide current information regarding fees, costs and expenses being sought. (cc: all counsel) (DLB) (Entered: 09/30/2002)

10/07/2002 573 UPDATED APPLICATION FOR AWARD OF ATTORNEYS' AND REIMBURSEMENT OF EXPENSES by NationsBank plaintiffs in 4:99-md-01264 (DLB) (Entered: 10/08/2002)

10/08/2002 574 NOTICE OF FILING OF UPDATED POST-HEARING FAIRNESS HEARING MATERIALS by BankAmerica plaintiffs in 4:99-md-01264 (DLB) (Entered: 10/08/2002)

10/15/2002 575 ORDER by Honorable John F. Nangle - The Court hereby APPROVES lead counsel's application for attorneys' fees [496,499] TO THE EXTENT that it awards lead counsel for each plaintiff class attoneys' fees in the amount of 18% of the net recovery of such class as defined herein. The Court APPROVES lead counsel's applications for expenses [487, 499] in their entirety. The Court APPRIVES that applications of then named plaintiffs for reimbursement of costs and expenses [548, 551, 555] in their entirety. The Court DENIES the objecting lead NationsBank plaintiffs application for fees, costs and expenses [519) and FSBA's application for fees, costs and expenses [503]. The Court DENIES as MOOT NationsBank plaintiffs' motion to strike the Florida State Board of Administration's brief [562-1]. Plaintiff's counsel shall be paid teh attorneys fees authorized herein from their respective settlement funds with interest from the date such settlement funds were funded to the date payment at the same net rate that the settlement funds earn. The awards of attorneys' fees shall be allocated among counsel in a fashion which, in the opinion off lead counsel, fairly compensates plaintiffs' counsel for their respective contributions in the prosecution of this action. This ORDER shall serve as an order of final judgment. Accorndingly, the Court hereby INTRUCTS the Clerk of Court to: DENY as MOOT any outstanding motions previously stayed by the Court, DISMISS the case with prejudice; and CLOSE the case. terminating case (cc: all counsel) (DLB) (Entered: 10/15/2002)

10/18/2002 576 ORDER by Honorable John F. Nangle - The Court hereby APPROVES the Giorgetti plaintiffs' application [501-1] and asards expenses in the amount noted

therein. As with the other expenses awarded in the Court's October 15, 2002 Order, such expenses shall be deducted from the BankAmerica plaintiffs' settlement fund before attorneys' fees are calculated. See Doc. 575. Accordingly, Court now calculates the "net recovery" of the BankAmerica plaintiffs to be $153,239,265.33. (cc: all counsel) (DLB) (Entered: 10/18/2002)

10/18/2002 577 TRANSCRIPT filed from Attonrey fees and costs Hearin of 9/18/02; court reporter: Lynn Shrum (DLB) (Entered: 10/20/2002)

10/21/2002 578 NOTICE by plaintiff Joseph Hempen in 4:99-md-01264, plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kevin Kloster in 4:99-md-01264 of change of address (DLB) (Entered: 10/22/2002)

10/23/2002 579 BANKAMERICA PLAINTIFFS' NOTICE OF FILING OF THE AFFIDAVIT OF MICHAEL E. HAMER REGARDING DISSEMINATION OF NOTICE OF REVISED PLAIN OF ALLOCATION (DLB) (Entered: 10/23/2002)

10/29/2002 580 NOTICE OF APPEAL filed by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264 re: the District Court decision ;, [575-2] fee: $ no fee paid (DLB) Modified on 09/23/2003 (Entered: 10/30/2002)

10/30/2002 581 NOTICE OF APPEAL filed by objector, intervenor Carol Mackay in 4:99-md-01264 re: the District Court decision ; [571-1] fee: $ 105.00 paid (DLB) (Entered: 10/30/2002)


10/30/2002 583 NOTICE OF APPEAL filed by intervenor Ernesto Gumapas in 4:99-md-01264, intervenor Sydney Sorkin in 4:99-md-01264, intervenor Herman Shyken in 4:99-md-01264, objector Alison Desmond in 4:99-md-01264 re: the District Court decision ; [575-2] fee: $ 105.00 paid (DLB) (Entered: 10/31/2002)


10/31/2002 585 RECEIPT # S203-1124 in the amount of $ 105.00 for appeal fee for Oetting, Koehler appeal [580] (DLB) (Entered: 11/04/2002)

11/01/2002 586 JOINT MOTION by NationsBank and BankAmerica plaintiffs in 4:99-md-01264, and defendants in 4:99-md-01264, plaintiff in 4:99-md-01264 for entry of judgment w/proposed judgment attached. (DLB) (Entered: 11/04/2002)

11/08/2002 587 LETTER by Honorable John F. Nangle - The Court is in receipt of the parties' joint motion motion for entry of judment, which seeks to change the date of final judgment from October 15th to subsequent date, and thereby to affect the rights of persons who already have filed notices of appeal. ...the Court shall await the timely response of any interested parties before ruling thereon. (cc: all counsel) (DLB) (Entered: 11/08/2002)

11/12/2002 DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal, 2 Certified Copies of Clerk's Docket entries, Order(JFN) doc. #553 filed on 07/08/02, Order(JFN) doc. #571 filed on 09/30/02 and Order(JFN) doc. #575 filed on 10/15/02. NOA to Hon. JFN. cc: NOA and Clerk's docket entries

to all parties. (CF) (Entered: 11/12/2002)

11/12/2002 DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal, 2 Certified Copies of Clerk's Docket entries, Order(JFN) doc. #553 filed on 07/08/02, Order(JFN) doc. #571 filed on 09/30/02 and Order(JFN) doc. #575 filed on 10/15/02. NOA to Hon. JFN. cc: NOA and Clerk's docket entries to all parties. (CF) (Entered: 11/12/2002)

11/12/2002 DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal, 2 Certified Copies of Clerk's Docket entries, Order(JFN) doc. #553 filed on 07/08/02, Order(JFN) doc. # 571 filed on 09/30/02 and Order(JFN) doc. # 575 filed on 10/15/02. NOA to Hon. JFN. cc: NOA and Clerk's docket entries to all parties. (CF) (Entered: 11/12/2002)

11/14/2002 LETTER from USCA:received and filed NOA USCA # 02-3784 re: appeal practice (DLB) (Entered: 11/22/2002)



11/21/2002 588 JUDGMENT by Honorable John F. Nangle granting motion for entry of judgment [586-1]. See judgment for details. (cc: all counsel) (DLB) (Entered: 11/21/2002)

11/26/2002 589 COPY OF LETTER TO USCA from counsel for plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, plaintiff Kloster in 4:99-md-01264 in response to USCA letter of 11/14/02 (DLB) (Entered: 12/04/2002)

12/13/2002 590 MOTION by NationsBank and BankAmerica plaintiff classes in 4:99-md-01264, for order requiring appellants to file appeal bonds as a condition of proceeding with their appeals w/brief in support attached. (DLB) (Entered: 12/17/2002)

12/23/2002 591 SUPPLEMENTAL MEMORANDUM to motion for order requiring appellants to file appeal bonds as a condition of proceeding with their appeals [590-1] filed by NationsBank and BankAmerica Classes. (DLB) (Entered: 12/26/2002)

12/23/2002 592 MEMORANDUM by plaintiff John M. Koehler in 4:99-md-01264, plaintiff David P. Oetting in 4:99-md-01264, intervenor Ernesto Gumapas in 4:99-md-01264, intervenor Sydney Sorkin in 4:99-md-01264, intervenor Herman Shyken in 4:99-md-01264, objector Alison Desmond in 4:99-md-01264 in opposition to motion for order requiring appellants to file appeal bonds as a condition of proceeding with their appeals [590-1] (DLB) (Entered: 12/26/2002)

12/24/2002 593 MEMORANDUM by intervenor Carol Mackay in 4:99-md-01264 in opposition to motion for order requiring appellants to file appeal bonds as a condition of proceeding with their appeals [590-1] (DLB) (Entered: 12/26/2002)

01/07/2003 594 ORDER by Honorable John F. Nangle denying motion for order requiring appellants to file appeal bonds as a condition of proceeding with their appeals [590-1] (cc: all counsel) (DLB) (Entered: 01/07/2003)

01/13/2003 595 REVISED NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED,

USCA #: 02-3780;02-3783;02-3784; appendix method 10 days from today; appellant designation 10 days from today; appellee designation 10 days from today; appendix 2/24/03; briefs - appellant 2/24/03; appellee 3/24/03; reply 4/7/03. (DLB) Modified on 01/13/2003 (Entered: 01/13/2003)

01/14/2003 596 ORDER FROM USCA copy filed USCA number: 02-3780/02-3783/02-3784 - The briefing schedule established for these appeals on 1/13/03 is rescinded. The prior briefing schedule calling for appellants' opening brief to be file don 1/14/03, remains in effect. (DLB) (Entered: 01/15/2003)

01/17/2003 597 MANDATE W/OPINION ATTACHED from (USCA)- Appellant's motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with Federal Rules of Appellate Procedure 42(b). dismissing the appeal [583-1] USCA number: 02-3784 (cc: all counsel) (DLB) (Entered: 01/21/2003)

02/27/2003 598 ORDER FROM USCA copy filed USCA number: 02-3780 - Attorney, Andrew Entwistle's motion to add Robert A. Hepworth as party has been condidered by the court and is hereby granted. Clerk of this court is directed to amend the caption in the above case. (DLB) (Entered: 03/03/2003)

03/04/2003 599 ORDER FROM USCA copy filed - Upon consideration of the appellees' motion to dismiss, the reponse in oppotion thereo, and appellees' reply, the motion to dismiss is granted. Appellant's motion to supplement the record to support the standing claim is granted. dismissing the appeal [581-1] USCA number: 02-3783 (DLB) (Entered: 03/05/2003)

03/10/2003 600 ORDER by Honorable John F. Nangle ORDERED that all pleadings and other documents filed under seal in this case remain under seal until further order of this court. (cc: all counsel) (LGK) Modified on 03/11/2003 (Entered: 03/07/2003)

04/10/2003 601 MANDATE W/OPINION ATTACHED from (USCA) - appellee's motion to dimiss is granted; dismissing the appeal [581-1] USCA number: 02-3783 (cc: all counsel) (DLB) Modified on 09/23/2003 (Entered: 04/11/2003)

12/03/2003 602 OPINION from USCA Notice of Appeal, [580] USCA Appeal #: 02-3780 Judgment of the district court is affirmed. (Entered: 12/04/2003)

12/08/2003 603 AMENDED OPINION from USCA re [580] Notice of Appeal: USCA Appeal #: 2-3780EMSL Judgment of the District Court is affirmed. (Entered: 12/11/2003)

01/16/2004 604 ORDER re: monthly reports by lead counsel. See order for details.Signed by Judge John F. Nangle on 1/16/04. (DLB, ) (Entered: 01/16/2004)

01/20/2004 605 MANDATE of USCA Decision of USCA: Judgment of the district court is affirmed in accordance with the opinion of this court. (DLB, ) (Entered: 01/22/2004)

01/23/2004 606 REPORT TO COURT ORDER re 604 Order - (Generic - text in only) Joint Report of NationsBank and BankAmerica Classes by Plaintiffs Joseph Hempen, Selma Kaiser, Kevin Kloster, Brian Markee, Walter E. Ryan Jr.. (Jacobson, Joe) (Entered: 01/23/2004)

04/07/2004 607 REPORT TO COURT ORDER REPORTING EXPENDITURES FROM SETTLEMENT FUNDS. (Jacobson, Joe) (Entered: 04/07/2004)

04/13/2004 608 REPORT TO COURT ORDER By BankAmerica Classes regarding expenditures to date. (Jacobson, Joe) (Entered: 04/13/2004)

04/22/2004 609 ORDER Status Hearing set for 5/20/2004 10:30 AM in Courtroom 17S before Honorable John F. Nangle.. Signed by Judge John F. Nangle on 4/22/04. (DLB, ) (Entered: 04/22/2004)

05/07/2004 610 Letter to Andrew Entwistle from Judge John F. Nangle Re:letter and enclosures dated 5/6/04. (DLB, ) (Entered: 05/07/2004)

05/11/2004 611 MOTION for Attorney Fees. (Anderson, Timothy) (Entered: 05/11/2004)

05/11/2004 612 MEMORANDUM in Support of Motion re 611 MOTION for Attorney Fees filed by Movant Donald H Clooney. (Anderson, Timothy) (Entered: 05/11/2004)

05/11/2004 613 MOTION to Compel The Return Of Interest To The Class and The Distribution Of Fees Awarded by Consolidated Filer Plaintiff BankAmerica Classes. (Attachments: # 1 Affidavit Affidavit Of Andrew J. Entwistle In Support Of Motion Of Entwistle & Cappucci LLP To Compel The Return Of Interest To The Class and The Distribution Of Fees Awarded# 2 Exhibit Exh. 1 Part 1 - May 6 2004 ltr to Judge Nangle from Entwistle & Cappucci w. attachments# 3 Exhibit Exh. 1 Part 2 - May 6 2004 ltr to Judge Nangle from Entwistle & Cappucci w. attachments# 4 Exhibit Exh. 1 Part 3 - May 6 2004 ltr to Judge Nangle from Entwistle & Cappucci w. attachments# 5 Exhibit Exh. 1 Part 4 - May 6 2004 ltr to Judge Nangle from Entwistle & Cappucci w. attachments# 6 Exhibit Exh. 2 - The Court's Oct. 15, 2002 Order# 7 Exhibit Exh. 3 Part 1 - Entwistle & Cappucci Firm Resume# 8 Exhibit Exh. 3 Part 2 - Entwistle & Cappucci Firm Resume# 9 Exhibit Exh. 3 Part 3 - Entwistle & Cappucci Firm Resume# 10 Exhibit Exh. 3 Part 4 - Entwistle & Cappucci Firm Resume# 11 Exhibit Exh. 4 - NationsBank Classes' Updated Application for an Award of Attorneys' Fees and Reimbursement of Expenses Oct. 7, 2002# 12 Exhibit Exh. 5 - May 6, 2004 ltr to Plaintiff's Counsel from Green, Schaaf & Jacobson# 13 Text of Proposed Order [Proposed] Order Directing Return Of Interest To The Class and The Distribution Of Fees Awarded# 14 Exhibit Certificate Of Service)(Entwistle, Andrew) Modified on 7/16/2004 (DLB, ). (Entered: 05/11/2004)

05/13/2004 614 MEMORANDUM in Opposition re 611 MOTION for Attorney Fees with Affidavit of Martin M. Green filed by Consolidated Filer Plaintiff NationsBank Classes. (Jacobson, Joe) (Entered: 05/13/2004)

05/13/2004 615 REPORT TO COURT ORDER re 604 Order - (Generic - text in only) by Consolidated Filer Plaintiff BankAmerica Classes. (Jacobson, Joe) (Entered: 05/13/2004)

05/13/2004 616 Joint MOTION for Release of Funds and Approval of Claims Administration by Consolidated Filer Plaintiffs BankAmerica Classes, NationsBank Classes. (Attachments: # 1 Affidavit Martin M. Green# 2 Affidavit Stephen Rodd# 3 Affidavit Claims Administrator# 4 Text of Proposed Order Authorizing distribution of settlement funds to class members)(Jacobson, Joe) (Entered: 05/13/2004)

05/13/2004 617 MEMORANDUM in Opposition re 613 MOTION to Compel The Return Of Interest To The Class and The Distribution Of Fees Awarded filed by Consolidated Filer Plaintiff NationsBank Classes. (Attachments: # 1 Affidavit Martin M. Green#

2 Affidavit Joe D. Jacobson# 3 Exhibit Exhibits A, B & C to Affidavit of Joe D. Jacobson)(Jacobson, Joe) (Entered: 05/13/2004)

05/14/2004 618 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Consolidated Filer Plaintiffs BankAmerica Classes, NationsBank Classes re 616 Joint MOTION for Release of Funds and Approval of Claims Administration (Exhibits to Affidavit of Edward J. Sincavage, C.P.A.) (Jacobson, Joe) (Entered: 05/14/2004)

05/14/2004 619 MOTION to Seal Document 618 Notice of Filing Exhibit, to seal the CD-ROM containing claims administrator's exhibits by Consolidated Filer Plaintiffs BankAmerica Classes, NationsBank Classes. (Jacobson, Joe) (Entered: 05/14/2004)

05/17/2004 620 RESPONSE TO COURT ORDER re 613 MOTION to Compel The Return Of Interest To The Class and The Distribution Of Fees Awarded, 614 Memorandum in Opposition to Motion, 609 Order - (Generic - text in only), Set Deadlines/Hearings, 610 Letter, 611 MOTION for Attorney Fees, 612 Memorandum in Support of Motion Letter to Judge Nangle from Jules Brody, Martin Chitwood and Daniel Krasner by Consolidated Filer Plaintiff NationsBank Classes. (Abrams, Robert) (Entered: 05/17/2004)

05/17/2004 621 REPLY to Response to Motion re 611 MOTION for Attorney Fees filed by Movant Donald H Clooney. (Attachments: # 1)(Anderson, Timothy) (Entered: 05/17/2004)

05/18/2004 622 REPLY to Response to Motion re 613 MOTION to Compel The Return Of Interest To The Class and The Distribution Of Fees Awarded filed by Consolidated Filer Plaintiff NationsBank Classes. (Attachments: # 1 Affidavit Reply Affidavit of Andrew J. Entwistle in Further Support of Motion of Entwistle & Cappucci LLP to Compel# 2 Exhibit Exh. 1 - December 11, 1998 Letter from Vincent R. Cappucci to Counsel# 3 Exhibit Exh. 2 - February 12, 2002 Letter from Andrew J. Entwistle to Martin Green# 4 Exhibit Exh. 3 - December 11, 2001 Letter from Joe Jacobson to Andrew J. Entwistle# 5 Exhibit Exh. 4 - April 20, 1999 Letter from Joe Jacobson to Vincent R. Cappucci# 6 Exhibit Exh. 5 - September 25, 2001 Letter from Joe Jacobson to Andrew J. Entwistle# 7 Exhibit Exh. 6 - February 15, 2002 Letter from Andrew J. Entwistle to Joe Jacobson# 8 Exhibit Exh. 7 - February 4, 2002 Letter from Andrew J. Entwistle to Martin Green# 9 Exhibit Exh. 8 - April 23, 2002 Letter from Joe Jacobson to Andrew J. Entwistle# 10 Exhibit Exh. 9 - May 17, 2004 Letter from Brody, Chitwood & Krasner to Judge Nangle# 11 Exhibit Exh. 10 - BankAmerica Plaintiffs' Settlement Fund Status Report# 12 Exhibit Exh. 11 - May 17, 2004 Letter from Andrew J. Entwistle to Martin Green# 13 Exhibit Certificate Of Service)(Entwistle, Andrew) (Entered: 05/18/2004)

05/19/2004 623 SUPPLEMENTAL Letter to Court by Consolidated Filer Plaintiff NationsBank Classes. (Entwistle, Andrew) (Entered: 05/19/2004)

05/20/2004 624 Minute Entry for proceedings held before Judge John F. Nangle : Motion Hearing held on 5/20/2004 re 613 MOTION to Compel The Return Of Interest To The Class and The Distribution Of Fees Awarded filed by BankAmerica Classes, 616 Joint MOTION for Release of Funds and Approval of Claims Administration filed by NationsBank Classes, BankAmerica Classes. Argument made. Order to issue. (Court Reporter or FTR Gold Operator initials:Angela Daley.) (FTR Gold yes or no: no.) Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-

00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 05/24/2004)

05/20/2004 625 EXHIBIT Received: at hearing held 5/20/04 by Consolidated Filer Plaintiff NationsBank Classes.. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 05/24/2004)

05/24/2004 626 SUPPLEMENTAL Letter to the Court by Consolidated Filer Plaintiff NationsBank Classes. (Entwistle, Andrew) (Entered: 05/24/2004)

06/01/2004 627 ORDER : Having considered the arguments of Green Schaaf and the Entwistle firm, the Court 613 Denies the Entwistle firm's MOTION to Return that sum to the settlement fund (Doc 613 at 1, 3-4). Signed by Judge John F. Nangle on 6/1/04. (KKS, ) (Entered: 06/02/2004)

06/01/2004 628 ORDER : Before the Court is the May 18, 2004 letter of Wolf Popper, L.L.P., requesting the Court to compel lead NationsBank plntfs' counsel Green Schaaf & Jacobson, P.C., to distribute to the Wolff Popper firm an amount of attorney fees to be determined by its lodestar. The Court having been informed on June 1, 2004, that Wolf Popper and Green Schaaf have reached an agreement in this matter, that request is hereby DENIED AS MOOT; So Ordered. Signed by Judge John F. Nangle on 6/1/04. (KKS, ) (Entered: 06/02/2004)

06/02/2004 ORDER RECEIPT: (see receipt) Wed Jun 2 09:24:27 CDT 2004 (KKS, ) (Entered: 06/02/2004)

06/02/2004 ORDER RECEIPT: (see receipt) Wed Jun 2 09:35:12 CDT 2004 (KKS, ) (Entered: 06/02/2004)

06/10/2004 629 ORIGINAL TRANSCRIPT (Pilot) procedings of Status Hearing held on 5/20/04 before Judge John F. Nangle. Court Reporter: A. Daley. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 06/10/2004)

06/14/2004 630 ORDER - IT IS HEREBY ORDERED that the administrative determinatins of Heffler, Radetich & Saitta, L.L.P. accepting the claims as indicated on the computer report of accepted claims submitted with the Affidavit of Edward J. Sincavage, including late-filed claims submitted before May 1, 2004, be and the same hereby are approved and said claims are hereby accepted; and it is further ORDERED, that the adminstrative determinations of Heffler, Radetich & Saitta,

L.L.P. rejecting the claims as indicated on the computer report of rejected submitted with and described in the Affidavit of Edward J. Sincavage be and the sambe hereby are approved, and said claims are hereby rejected; and it is further ORDERED, that the... See order for details.. Signed by Judge John F. Nangle on 6/14/04. (DLB, ) (Entered: 06/14/2004)

06/14/2004 ORDER RECEIPT: (see receipt) Mon Jun 14 15:24:24 CDT 2004 (DLB, ) (Entered: 06/14/2004)

06/14/2004 ***REMARK - Order Referring case to ADR in case 4:04cv345 DDN sent in error. Please disregard. (DLB, ) (Entered: 06/14/2004)

07/14/2004 631 MOTION for Disbursement of Funds to Named Plaintiffs for Reimbursement of Lost Wages and Expenses by Consolidated Filer Plaintiff NationsBank Classes. (Jacobson, Joe) (Entered: 07/14/2004)

07/16/2004 632 ORDER granting 611 Motion for Attorney Fees, denying 613 Motion to Compel, granting 616 Motion for Release of Funds, granting 619 Motion to Seal Document Signed by Judge John F. Nangle on 7/16/04. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 07/16/2004)

07/16/2004 ORDER RECEIPT: (see receipt) Fri Jul 16 15:47:39 CDT 2004 (DLB, ) (Entered: 07/16/2004)

07/16/2004 633 ORDER granting 631 Motion for Disbursement of Funds Signed by Judge John F. Nangle on 7/16/04. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 07/16/2004)

07/16/2004 ORDER RECEIPT: (see receipt) Fri Jul 16 15:49:07 CDT 2004 (DLB, ) (Entered: 07/16/2004)

07/16/2004 634 ORDER - The Order of June 1, 2004 is hereby RESCINDED. IT IS HEREBY ORDERED as follows: The amended motion of Entwistle and Cappucci, LLP, to compel the return of interest to the plaintiff class (Docs. 613 & 622) in the amount of $152, 595.26 (plus any interest that may have accumulated thereon) is GRANTED. This order shall in no way affect the Order issued July 16, 2004, granting Lead Counsel's request for leave to distribute the NationsBank plaintiff class members the amounts that they were awarded as expense remibursements plus accrued interest on such sums. Signed by Judge John F. Nangle on 7/16/04. (DLB, ) (Entered: 07/19/2004)

07/19/2004 ORDER RECEIPT: (see receipt) Mon Jul 19 09:03:57 CDT 2004 (DLB, ) (Entered: 07/19/2004)

07/19/2004 635 MOTION for Reconsideration re 634 Order - (Generic - text in only), Order - (Generic - text in only), Order - (Generic - text in only) Regarding reimbursement of interest on counsel expenses by Consolidated Filer Plaintiff NationsBank Classes. (Jacobson, Joe) (Entered: 07/19/2004)

07/20/2004 636 SATISFACTION OF JUDGMENT re 632 Order on Motion for Attorney Fees,,, Order on Motion to Compel,,, Order on Motion for Release of Funds,,, Order on Motion to Seal Document,, Relating solely to 611 Motion by Clooney & Anderson, P.C. by Green Schaaf & Jacobson, P.C., Donald H. Clooney. (Jacobson, Joe) (Entered: 07/20/2004)

07/29/2004 637 SATISFACTION OF JUDGMENT re 632 Order on Motion for Attorney Fees,,, Order on Motion to Compel,,, Order on Motion for Release of Funds,,, Order on Motion to Seal Document,, Regarding Entwistle & Cappucci, LLP attorney's fees by Green Schaaf & Jacobson, P.C.. (Jacobson, Joe) (Entered: 07/29/2004)

08/18/2004 638 ORDER - In view of the large amount of money involved herein and in order to keep fully advised on behalf of the shareholders and this Court, the attorneys for the lead plaintiffs are hereby ORDERED: To file with this Court bi-monthly reports on the status of distributions herein. The first such report shall be due on October 1, 2004, and on the first of every other month thereafter until further order of this Court. IT IS FURTHER ORDERED that such reports shall be brief and shall include the following: a. The amount of money mailed to shareholders as of the date of the report. b. The amount of money mailed, but returned due to inability to locate recipient, etc. c. Each report shall be divided into two parts - one of the BankAmerica shareholders and the other for the NationsBank shareholders. Unless this Court orders otherwise, the amounts, percentages, etc., that are called for in this order may be "best estimates" as of the date of the report. Signed by Judge John F. Nangle on 8/18/04. (DLB, ) (Entered: 08/18/2004)

08/18/2004 ORDER RECEIPT: (see receipt) Wed Aug 18 14:36:40 CDT 2004 (DLB, ) (Entered: 08/18/2004)

10/15/2004 639 ORDER - IT IS HEREBY ORDERED that this cause is REOPENED. Signed by Judge John F. Nangle on 10/15/04. (DLB, ) (Entered: 10/19/2004)

10/19/2004 ORDER RECEIPT: (see receipt) Tue Oct 19 16:59:07 CDT 2004 (DLB, ) (Entered: 10/19/2004)

10/29/2004 640 ORDER : In Court Hearing set for 11/17/2004 11:00 AM in Courtroom 17S before Honorable John F. Nangle re: fees requested by the firm of Goodkind Labaton Rudoff & Sucharow; to the court's knowledge, the only law firms involved...(see order for particulars). Signed by Judge John F. Nangle on 10/29/04. (KKS, ) (Entered: 10/29/2004)

10/29/2004 ORDER RECEIPT: (see receipt) Fri Oct 29 15:15:04 CDT 2004 (KKS, ) (Entered: 10/29/2004)

11/17/2004 641 Minute Entry for proceedings held before Judge John F. Nangle : In Court Hearing held on 11/17/2004. HEARING ON ATTORNEYS' FEES. COURT ADVISED

THAT ALL ATTORNEY FEES ISSUES HAVE BEEN SETTLED AND RESOLVED. COURT GRANTS ADDITIONAL CLAIM OF CARL TRAUERNICHT. (SEE EXHIBIT) NO OBJECTION BY NATIONSBANK COUNSEL. (Court Reporter or FTR Gold Operator initials:Shannon White.) (FTR Gold yes or no: yes.) (proceedings started: 11:33am.) (proceedings ended: 11:52am.) (Attachments: # 1) Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 11/17/2004)

11/22/2004 642 ORDER - IT IS HEREBY ORDERED tht the Court's 7/16/04 order is amended to the extent that counsel for the NationsBank Classes, are required to repay to the class their proportionate share of the $94,559.04 (plus any interest that may have accumulated theron). This amount represents the interest the firms received on expenses. This amount is to be deposited in the NationsBank Settlement Fund. Also before the Court is the 10/8/04 letter of the firm Goodkind, Labaton, Rudoff & Sucharow, LLP (Goodkind), requesting the Court to direct NationsBank plaintiffs' lead counsel to reimburse Goodkind for expenses and to pay Goodkind's attorneys' fees. The Court will treat this request as a motion. At a hearing on 11/17/04, the Court was informed that an agreement was reached by the parties involved in this matter, and therefore the motion is DENIED AS MOOT. Additionally, the Trauernicht claims referred to itn the 11/17/04 hearing will be allowed to be filed out of time, as the Court held in this hearing. Signed by Judge John F. Nangle on 11/22/04. (DLB, ) (Entered: 11/22/2004)

11/22/2004 ORDER RECEIPT: (see receipt) Mon Nov 22 17:16:49 CST 2004 (DLB, ) (Entered: 11/22/2004)

12/01/2004 643 ORIGINAL TRANSCRIPT (Pilot) procedings of Status Hearing held on 11/17/04 before Judge John F. Nangle. Court Reporter: S. White. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 12/01/2004)

02/01/2005 644 STATUS REPORT February 1, 2005 by Green Schaaf & Jacobson, P.C.. (Andres, Jonathan) (Entered: 02/01/2005)

02/01/2005 645 Consent MOTION for Release of Funds for Supplemental Claims by Consolidated Filer Plaintiff NationsBank Classes. (Attachments: # 1 # 2 # 3 # 4)(Andres, Jonathan) (Entered: 02/01/2005)

02/01/2005 646 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Consolidated Filer Plaintiff NationsBank Classes re 645 Consent MOTION for Release of Funds for Supplemental Claims (Andres, Jonathan) (Entered: 02/01/2005)

02/04/2005 647 ORDER granting 645 Motion for Release of Funds Signed by Judge John F.

Nangle on 2/4/05. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 02/04/2005)

02/04/2005 ORDER RECEIPT: (see receipt) Fri Feb 4 15:36:17 CST 2005 (DLB, ) (Entered: 02/04/2005)

02/14/2005 648 MOTION for Release of Funds to Walter A. DeRoeck, et al. by Consolidated Filer Plaintiff NationsBank Classes. (Andres, Jonathan) (Entered: 02/14/2005)

02/14/2005 649 MEMORANDUM in Support of Motion re 648 MOTION for Release of Funds to Walter A. DeRoeck, et al. filed by Consolidated Filer Plaintiff NationsBank Classes. (Attachments: # 1 Exhibit Hamer Affidavit# 2 Exhibit DeRoeck Affidavit# 3 Exhibit Conner Affidavit# 4 Text of Proposed Order)(Andres, Jonathan) (Entered: 02/14/2005)

02/22/2005 650 ORDER granting 648 MOTION for Release of Funds to Walter A. DeRoeck, et al. by Consolidated Filer Plaintiff NationsBank Classes Signed by Judge John F. Nangle on 2/22/05. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 02/23/2005)

02/23/2005 ORDER RECEIPT: (see receipt) Wed Feb 23 09:13:50 CST 2005 (DLB, ) (Entered: 02/23/2005)

02/23/2005 651 MOTION for Permanent Injunction against Objector J. Michael Koehler. (Attachments: # 1 MEMORANDUM IN SUPPORT# 2 Exhibit A - COPY OF COMPLAINT)(DLB, ) (Entered: 02/23/2005)

02/23/2005 652 MOTION for Entry of an Order to Show Cause by Movant Chitwood and Harley, LLC. (Attachments: # 1 Exhibit #1 proposed temporary restraining order# 2 Text of Proposed Order order to show cause)(DLB, ) (Entered: 02/23/2005)

02/23/2005 653 DECLARATION OF JAMES M. EVANGELISTA filed by Movant Chitwood and Harley, LLC re 652 MOTION for Order to Show Cause. (DLB, ) (Entered: 02/23/2005)

03/16/2005 654 ORDER re 651 MOTION for Permanent Injunction filed by Chitwood and Harley, LLC,, 652 MOTION for Order to Show Cause filed by Chitwood and Harley, LLC, Status Conference set for 4/18/2005 10:00 AM in Courtroom 17S before Honorable John F. Nangle.. Signed by Judge John F. Nangle on 3/16/05. (DLB, ) (Entered: 03/17/2005)

03/17/2005 ORDER RECEIPT: (see receipt) Thu Mar 17 09:57:01 CST 2005 (DLB, ) (Entered: 03/17/2005)

04/12/2005 655 ENTRY of Appearance by W. Jeffrey Muskopf Plaintiff John M. Koehler. (Muskopf, W.) (Entered: 04/12/2005)

04/12/2005 656 ENTRY of Appearance by James R. Mendillo Plaintiff John M. Koehler. (Mendillo, James) (Entered: 04/12/2005)

04/12/2005 657 RESPONSE in Opposition re 651 MOTION for Permanent Injunction filed by Plaintiff John M. Koehler. (Attachments: # 1 Affidavit of Nicole Tuman# 2 Exhibit A 2/1/02 ltr Oetting to Andres# 3 Exhibit B 2/4/02 ltr Green to Oetting# 4 Exhibit C 2/11/02 ltr Oetting to Green# 5 Exhibit D 3/18/02 ltr Kloster to Clooney# 6 Exhibit E 3/25/02 ltr Clooney to Judge Nangle# 7 Exhibit F 3/26/02 ltr Brody to Judge Nangle# 8 Exhibit G 4/1/02 ltr Green to Judge Nangle)(Muskopf, W.) (Entered: 04/12/2005)

04/15/2005 658 MEMORANDUM in Support of Motion re 651 MOTION for Permanent Injunction filed by Movant Chitwood and Harley, LLC. (Evangelista, James) (Entered: 04/15/2005)

04/18/2005 659 DECLARATION filed by Movant Donald H. Clooney filed on 4/18/05. (Attachments: # 1 Declaration of Donald H. Clooney# 2 # 3 # 4)(Anderson, Timothy) (Entered: 04/18/2005)

04/18/2005 660 Minute Entry for proceedings held before Judge John F. Nangle : Motion Hearing held on 4/18/2005 re 651 MOTION for Permanent Injunction filed by Chitwood and Harley, LLC,, 652 and MOTION for Order to Show Cause filed by Chitwood and Harley, LLC,. Arguments made. Motions taken under submission. Order to issue. (Court Reporter or FTR Gold Operator initials:Sue Moran.) (FTR Gold yes or no: no.) (proceedings started: 10:06am.) (proceedings ended: 11:55am.) Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 04/20/2005)

04/20/2005 Receipt # S2005-005998 in the amount of $25.00 for ATTORNEY ADM. FEE - PHV on behalf of TUMAN, NICOLE. (CSW,) (Entered: 04/20/2005)

04/20/2005 661 MOTION for Leave to Appear Pro Hac Vice Nicole Tuman by Plaintiff John M. Koehler. (DLB, ) (Entered: 04/21/2005)

04/29/2005 662 ORDER granting 661 Motion for Leave to Appear Pro Hac Vice Nicole Tuman Added Nicole Tuman for John M. Koehler Signed by Judge John F. Nangle on 4/29/05. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-

00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 04/29/2005)

04/29/2005 ORDER RECEIPT: (see receipt) Fri Apr 29 14:28:05 CDT 2005 (DLB, ) (Entered: 04/29/2005)

05/12/2005 663 ORIGINAL TRANSCRIPT (Pilot) procedings of Motion Hearing held on 4/18/05 before Judge John F. Nangle. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 05/12/2005)

06/01/2005 664 STATUS REPORT June 1, 2005 by Green Schaaf & Jacobson, P.C.. (Andres, Jonathan) (Entered: 06/01/2005)

06/02/2005 665 STATUS REPORT June 1, 2005 Supplemental by Green Schaaf & Jacobson, P.C.. (Andres, Jonathan) (Entered: 06/02/2005)

06/24/2005 666 ORDER withdrawing 651 Motion for Permanent Injunction, denying 652 Motion for Order to Show Cause Signed by Judge John F. Nangle on 6/24/05. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 06/24/2005)

06/24/2005 ORDER RECEIPT: (see receipt) Fri Jun 24 16:11:03 CDT 2005 (DLB, ) (Entered: 06/24/2005)

06/27/2005 668 Minute Entry for proceedings held before Judge John F. Nangle : In Court Hearing held on 6/27/2005 on the filing of late claims. Testimony given. Arguments made. Order to issue. (Court Reporter or FTR Gold Operator initials:Gary Bond.) (FTR Gold yes or no: no.) (proceedings started: 10:03am.) (proceedings ended: 10:35am.) (DLB, ) (Entered: 07/06/2005)

06/29/2005 667 NOTICE by Movant Chitwood and Harley, LLC Co-Lead Counsel's Notice of Withdrawal of Motion for Permanent Injunction Against Objector J. Michael Koehler: (Evangelista, James) (Entered: 06/29/2005)

08/01/2005 669 STATUS REPORT August 1, 2005 by Green Schaaf & Jacobson, P.C.. (Andres, Jonathan) (Entered: 08/01/2005)

08/26/2005 670 ORDER - Edward Jones'request to allow the tardy claims of its clients is DENIED. IT IS FURTHER ORDERED, based on the above analysis, that any remaining claims in the NationsBank class that were filed on or after May 1, 2004, including the claims submitted by Goldman Sachs, are DENIED. Signed by Judge John F. Nangle on 8/26/05. (DLB, ) (Entered: 08/26/2005)

08/26/2005 ORDER RECEIPT: (see receipt) Fri Aug 26 15:44:58 CDT 2005 (DLB, ) (Entered: 08/26/2005)

09/07/2005 671 LETTER To Lead Counsel for Plaintiffs and Counsel for Defendants -- (see letter for details) Signed by Judge John F. Nangle on 9/7/05. (KCM, ) (Entered: 09/08/2005)

09/08/2005 ORDER RECEIPT: (see receipt) Thu Sep 8 12:35:21 CDT 2005 (KCM, ) (Entered: 09/08/2005)

09/28/2005 672 ORIGINAL TRANSCRIPT (Pilot) procedings of Hearing held on 6/27/05 before Judge John F. Nangle. Court Reporter: G. Bond. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 09/28/2005)

10/03/2005 673 STATUS REPORT October 3, 2005 by Green Schaaf & Jacobson, P.C.. (Andres, Jonathan) (Entered: 10/03/2005)

11/02/2005 674 NOTICE of Change of Address filed by Harold F. McGuire, Jr (McGuire, Harold) (Entered: 11/02/2005)

11/10/2005 675 MOTION requesting an exception to the Court's June 14, 2004 Order setting a deadline for the acceptance of claims. (Attachments: # 1 declaration)(DLB, ) (Entered: 11/15/2005)

11/15/2005 ORDER RECEIPT: (see receipt) Tue Nov 15 15:34:00 CST 2005 (DLB, ) (Entered: 11/15/2005)

12/01/2005 676 STATUS REPORT December 1, 2005 by Green Schaaf & Jacobson, P.C.. (Andres, Jonathan) (Entered: 12/01/2005)

12/09/2005 677 ORDER - IT IS HEREBY ORDERED that Edward Jones' request to allow the proposed claims of its clients is DENIED. The Clerk is DIRECTED to docket Edward Jone's correspondence of November 3, 2005. Signed by Judge John F. Nangle on 12/9/05. (DLB, ) (Entered: 12/09/2005)

12/09/2005 ORDER RECEIPT: (see receipt) Fri Dec 9 16:27:54 CST 2005 (DLB, ) (Entered: 12/09/2005)

12/09/2005 678 Letter of November 3, 2005 to Judge Nangle from James H. Ferrick, III (counsel for Edward Jones) Re:late claims of Edward Jones Class Members who are members of NationsBank Class. (Attachments: # proposed order (1)) (DLB, ) (Entered: 12/13/2005)

02/01/2006 679 STATUS REPORT February 1, 2006 by Green Schaaf & Jacobson, P.C.. (Attachments: # 1)(Andres, Jonathan) Additional attachment(s) added on 2/6/2006 (DLB, ). (Entered: 02/01/2006)

03/15/2006 680 STATUS REPORT Interim March 15, 2006 by Green Schaaf & Jacobson, P.C.. (Attachments: # 1 Exhibit Claims Admin Ltr 03.14.06)(Andres, Jonathan) (Entered: 03/15/2006)

04/07/2006 681 STATUS REPORT April 3, 2006 by Green Schaaf & Jacobson, P.C.. (Andres, Jonathan) (Entered: 04/07/2006)

06/15/2006 682 ORDER - IT IS HEREBY ORDERED that lead counsel for the NationsBank Classes and the Claims Administrator shall not take or be required to tak any further actions to locate the remaining NationsBank shareholders whose checks were returned as undeliverable with no forwarding address; and it is furter ORDERED, that lead counsel for the BankAmerica Classes and the Claims Administrator shall not take or be required to take any further actions to locate the remaining BankAmerica shareholders whose checks were returned as undeliverable with no forwarding address; and it is further ORDERED, that lead counsel for the NationsBank Classes and the Claims Administrator shall not take or be required to take any further actions to locate the heirs of NationsBank shareholders reported deceased; and it is further ORDERED, that lead counsel for the BankAmerica Classes and the Claims Adminstrator shall not take or be required to take any further actions to locate the heirs of BankAmerica shareholders reported deceased. Signed by Judge John F. Nangle on 6/15/06. (DLB, ) (Entered: 06/16/2006)

08/17/2006 683 Minute Entry for proceedings held before Judge John F. Nangle : Telephone Conference held on 8/17/2006. Issues discussed. (FTR Gold yes or no: no.) Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 08/22/2006)

08/24/2006 684 ORDER - There will be a hearing in this matter at 10:30 a.m. at the Thomas F. Eagleton United States Courthouse, 111 South 10th Street in St. Louis, Missouri, on Thursday, September 28, 2006. This hearing will consider all pending questions, including possible further distribution of funds. Mr. Martin Green and the firm of Green, Schaaf & Jacobson, and the appropriate representative of the claims administrator, including Mr. Michael Hamer, shall be present at this hearing. Signed by Judge John F. Nangle on 8/24/06. (DLB, ) (Entered: 08/25/2006)

09/28/2006 685 Minute Entry for proceedings held before Judge John F. Nangle : In Court Hearing held on 9/28/2006. Parties present for: distribution of settlement funds. Discussion held between court and claims administrator Michael Hamer regarding balances and further distributions. Claims administrator to submit to the Court within two weeks an up-to-date balance report. (Court Reporter or FTR Gold Operator initials:Tei Hopwood.) (FTR Gold yes or no: no.) (proceedings started: 10:26 a.m..) (proceedings ended: 11:56 a.m..) (Attachments: # 1 Exhibit #1# 2 Exhibit #2# 3 Exhibit #3# 4 Exhibit #4) (DLB, ) (Entered: 09/29/2006)

10/04/2006 686 ORDER - IT IS HEREBY ORDERED, that the claims of NationsBank Class members the Martha A. Thompson Trust, the Mary Glenn Thompson Trust, the John L. Thompson Trust, Frank and Bonnie Mills, and Charles Owen, and the claim of Bank of America Class member the Martha A. Thompson Trust are hereby approved and accepted; and it is further ORDERED, that funds from the NationsBank Net Settlement Fund shall be distributed in the amounts of $17,634.50

to the Martha A. Thompson Trust, $4,720.57 to the Mary Glenn Thompson Trust, $69,404.35 to the John L. Thompson Trust, $3,621.86 to Frank and Bonnie Mills, and $5,628.86 to Charles Owen, said amounts being in proportion to the Recognized Loss allocable to each share of NationsBank stock held by the Thompson Trusts, the Mills, and Charles Owen at all times relevant hereto; and it is furtherORDERED, that funds from the Bank of America Net Settlement Fund shall be distributed in the amount of $632.89 to the Martha A. Thompson Trust, said amount beingin proportion to the Recognized Loss allocable to each share of Bank of America stock held by the Martha Thompson Trust at all times relevant hereto; and it is further ORDERED, that the checks for distribution to the Martha A. Thompson Trust, Mary Glenn Thompson Trust, John L. Thompson Trust, Frank and Bonnie Mills, and Charles Owen shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT CASHED BY OR BEFORE DECEMBER 1, 2006;" and it is further ORDERED, that all persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the Thompsons', Mills', or Charles Owen's claims, or otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund in connection with such claims are released and discharged from any and all claims arising out of such involvement, and the Thompsons, Mills, and Charles Owen are barred from making any further claims against the Net Settlement Fund or the released persons beyond the amount allocated to them pursuant to this Order; and it is further ORDERED, that the Thompson Trusts, Frank and Bonnie Mills, and Charles Owen shall be deemed Authorized Claimants and therefore they and their claims are subject to all terms and conditions applicable to such claimants as provided in prior orders of this Court; and it is further ORDERED, that this Court retain jurisdiction over any further application or matter which may arise in connection with this Action, MDL 1264.Accordingly, Martha Thompson's Motion is GRANTED 675. Signed by Judge John F. Nangle on 10/04/06. Associated Cases: 4:99-md-01264-JFN,4:00-cv-00764-JFN,4:00-cv-01655-JFN,4:00-cv-01888-JFN,4:01-cv-00182-JFN,4:98-cv-01912-JFN,4:99-cv-00312-JFN,4:99-cv-00331-JFN,4:99-cv-00332-JFN,4:99-cv-00333-JFN,4:99-cv-00334-JFN,4:99-cv-00335-JFN,4:99-cv-00336-JFN,4:99-cv-00337-JFN,4:99-cv-00338-JFN,4:99-cv-00341-JFN,4:99-cv-00342-JFN,4:99-cv-00343-JFN,4:99-cv-00348-JFN,4:99-cv-00680-JFN,4:99-cv-00711-JFN,4:99-cv-00712-JFN,4:99-cv-00713-JFN,4:99-cv-00714-JFN,4:99-cv-00715-JFN,4:99-cv-00716-JFN,4:99-cv-00717-JFN(DLB, ) (Entered: 10/04/2006)

10/04/2006 ORDER RECEIPT: (see receipt) Wed Oct 4 15:21:19 CDT 2006 (DLB, ) (Entered: 10/04/2006)

12/08/2006 687 Minute Entry for proceedings held before Judge John F. Nangle : Telephone Conference held on 12/8/2006. Discussion held between court, counsel and claims administrator Michael Hamer regarding balances and further distributions. Counsel to submit proposed order regarding future distributions. Order to issue. (proceedings started: 1:00pm.) (proceedings ended: 1:45pm.)(DLB, ) (Entered: 12/08/2006)

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