u.s. district court eastern district of virginia...

US District Court Civil Docket as of 08/24/2001 Retrieved from the court on Wednesday, August 10, 2005

U.S. District Court Eastern District of Virginia (Alexandria)

CIVIL DOCKET FOR CASE #: 1:99-cv-00197-LMB

Switzenbaum, et al v. Orbital Sciences, et al Assigned to: Judge Leonie M. Brinkema Demand: $0 Cause: 15:78m(a) Securities Exchange Act

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

Plaintiff Robin Switzenbaum Individually and on Behalf Of All Others Similarly Situated

represented by Mary Nicole Strimel Cohen Milstein Hausfeld & Toll PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005-3965 **NA* (202) 408-4600 LEAD ATTORNEY Paul Thomas Gallagher Cohen Milstein Hausfeld & Toll PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005-3965 **NA* (202) 408-4600 LEAD ATTORNEY

Plaintiff

New York City Pension Funds TERMINATED: 05/28/1999

represented by Floyd Allen Phaup, II Vorys Sater Seymour & Pease LLP 227 S Washington St Suite 310 Alexandria, VA 22314 (703) 837-6999 TERMINATED: 05/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Stefan Nachmanoff Office of the Federal Public Defender 1650 King St Suite 500

Alexandria, VA 22314 (703) 600-0800 TERMINATED: 05/28/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

The New York City Employees' Retirement System On Behalf of Themselves And All Others Similarly Situated

represented by Harvey B. Cohen Cohen Gettings PC 2200 Wilson Blvd Suite 800 Arlington, VA 22201 (703) 525-2260 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

The New York City Fire Department Pension Fund On Behalf of Themselves And All Others Similarly Situated

represented by Harvey B. Cohen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

The New York City Board of Education Retirement System On Behalf of Themselves And All Others Similarly Situated


Plaintiff

The New York City Police Superior Officers' Variable Supplements Fund On Behalf of Themselves and All Others Similarly Situated


Plaintiff

The New York City Firefighters' Variable Supplements Fund On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Steven Blank On Behalf of Themselves And All Others

represented by Mary Nicole Strimel (See above for address)

Similarly Situated LEAD ATTORNEY

Plaintiff

Jacob H. Freiman On Behalf of Themselves And All Others Similarly Situated

represented by Mary Nicole Strimel (See above for address) LEAD ATTORNEY

Plaintiff

David L. Bromley On Behalf Of Themselves And All Others Similarly Situated

represented by Paul Thomas Gallagher (See above for address) LEAD ATTORNEY

Plaintiff

David Benjamin On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Charles Fiermonte, Jr. On Behalf of Themselves and All Others Similarly Situated


Plaintiff

Edward P. McCloskey On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Rebecca Neiss On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Michael F. Cafferty On Behalf of Themselves And All Others Similary Situated


Plaintiff

Terence Byrne On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Bert G. Larson On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Barbara Eisenberg On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Richard M. Lam On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Yakov Prager On Behalf of Themselves And All Others Similarly Situated


Plaintiff

Kulwant Sandhu On Behalf of Themselves And All Others Similarly Situated

represented by Peter Louis Sissman 1840 Wilson Blvd. 205 Arlington, VA 22201 (703) 522-2220 LEAD ATTORNEY

Plaintiff

Paul Krieger On Behalf of Themselves And All Others Similarly Situated

represented by Peter Louis Sissman (See above for address) LEAD ATTORNEY

Plaintiff

Darren Spademan On Behalf of Themselves And All Others Similarly Situated

represented by Peter Louis Sissman (See above for address) LEAD ATTORNEY

Plaintiff

Alexander Urman On Behalf of Themselves And All Others

represented by Peter Louis Sissman (See above for address)

Similarly Situated LEAD ATTORNEY

Plaintiff

Harvey Martin as Trustee for the Harvey Marting Revocable Trust

represented by Harvey B. Cohen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Stefan Nachmanoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Orbital Sciences Corporation represented by Leo Stephen Fisher Bean Kinney & Korman PC 2000 North 14th St Suite 100 Arlington, VA 22201 (703) 525-4000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Francis Zenner, Jr. Arnold & Porter 555 12 St NW Washington, DC 20004 **NA* (202) 942-5000 TERMINATED: 07/20/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

David R. Thompson represented by Leo Stephen Fisher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Francis Zenner, Jr. (See above for address) TERMINATED: 07/20/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Jeffrey V. Pirone represented by Leo Stephen Fisher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Walter Francis Zenner, Jr. (See above for address) �� LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party

The Securities and Exchange Commission TERMINATED: 05/21/1999

represented by Luis de la Torre Securities and Exchange Commission 450 Fifth St., NW Washington, DC 20549-0606 ****N (202) 942-0813 TERMINATED: 05/21/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party

KPMG,LLP TERMINATED: 08/27/1999

represented by Michael Dana Warden Sidley Austin Brown & Wood LLP 1501 K St NW Washington, DC 20005 (202) 736-8000 TERMINATED: 08/27/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/18/1999 1 COMPLAINT Filing Fee $ 150.00 Receipt # 100 126905; jury demand (klau) (Entered: 02/22/1999)

02/18/1999 Jury Trial Flag (klau) (Entered: 02/22/1999)

02/18/1999 NOTICE of Lawsuit and Waiver of Service Form given to atty for service as to defendants. (klau) (Entered: 02/22/1999)

04/19/1999 2 MOTION by Robin Switzenbaum to Consolidate Related Cases For All Purposes (klau) (Entered: 04/20/1999)

04/19/1999 3 MEMORANDUM by Robin Switzenbaum in support of [2-1] motion by Robin

Switzenbaum to Consolidate Related Cases For All Purposes (klau) (Entered: 04/20/1999)

04/19/1999 4 NOTICE of Hearing: Motion Hearing set for 10:00 5/14/99 for [2-1] motion by Robin Switzenbaum to Consolidate Related Cases For All Purposes (klau) (Entered: 04/20/1999)

04/19/1999 5 MOTION by Robin Switzenbaum for Appointment of Lead Plaintiffs Under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 , and by Robin Switzenbaum for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel (klau) (Entered: 04/20/1999)

04/19/1999 6 MEMORANDUM by Robin Switzenbaum in support of [5-1] motion by Robin Switzenbaum for Appointment of Lead Plaintiffs Under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [5-2] motion by Robin Switzenbaum for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel (LARGE PLEADING) (klau) (Entered: 04/20/1999)

04/19/1999 7 NOTICE of Hearing: Motion Hearing set for 10:00 5/14/99 for [5-1] motion by Robin Switzenbaum for Appointment of Lead Plaintiffs Under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, set for 10:00 5/14/99 for [5-2] motion by Robin Switzenbaum for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel (klau) (Entered: 04/20/1999)

04/19/1999 8 MOTION by New York City Pension Funds for Appointment as Lead Plaintiff , and by New York City Pension Funds Approval of Their Selection of Lead Counsel (klau) (Entered: 04/21/1999)

04/19/1999 9 MEMORANDUM by New York City in support of [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff, [8-2] motion by New York City Pension Funds Approval of Their Selection of Lead Counsel (LARGE PLEADING) (klau) (Entered: 04/21/1999)

04/19/1999 10 NOTICE of Hearing: Motion Hearing set for 10:00 5/14/99 for [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff, set for 10:00 5/14/99 for [8-2] motion by New York City Pension Funds Approval of Their Selection of Lead Counsel (klau) (Entered: 04/21/1999)

04/29/1999 11 Consent Order that the time for filing and serving papers in opposition to (1) the Motion of Orbital Plaintiffs Group to Consolidate Related Cases for All Purposes, (2) the Motion of The Orbital Plaintiffs Group for Appointment of Lead Plaintiffs Under Section 21D(a)(3)(B) of The Securities Exchange Act of 1934 And for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel and (3) the Motion of the New York City Pension Funds for Appointment as Lead Plaintiff and Approval of Their Selection of Lead Counsel Shall be extended to May 5, 1999; and it is further ORDERED that the time for filing and serving papers in reply to the opposition papers in the motions referenced above shall be extended to May 11, 1999. - ent. & filed ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (klau) (Entered: 04/30/1999)

05/05/1999 12 RE-NOTICE of Hearing: Motion Hearing set for 10:00 5/21/99 for [2-1] motion by Robin Switzenbaum to Consolidate Cases For All Purposes, set for 10:00 5/21/99 for [5-1] motion by Robin Switzenbaum for Appointment of Lead Plaintiffs Under

Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, set for 10:00 5/21/99 for [5-2] by Robin Switzenbaum for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel (klau) (Entered: 05/06/1999)

05/05/1999 13 MEMORANDUM by Robin Switzenbaum in opposition to [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff by New York City together with memorandum in further support of the orbital pltf group's motion for appintment of lead plaintiffs and for approval of lead plaintiffs' selection of co-lead counsel. (with 1 bound volume of supplemental declaration of Arthur Stock) (LARGE PLEADING) (klau) Modified on 05/06/1999 (Entered: 05/06/1999)

05/05/1999 13 MEMORANDUM by Robin Switzenbaum in further support of [5-1] motion by Robin Switzenbaum for Appointment of Lead Plaintiffs Under Section 21D(a)(3)(B) of the Securities Exchange Act 1934 by Robin Switzenbaum, [5-2] motion by Robin for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel by Robin Switzenbaum (klau) (Entered: 05/06/1999)

05/05/1999 14 MEMORANDUM by New York City in opposition to [5-1] motion by Robin Switzenbaum for Appointment of Lead Plaintiffs Under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 by Robin Switzenbaum, [5-2] motion by Robin Switzenbaum for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel by Robin Switzenbaum (klau) (Entered: 05/06/1999)

05/05/1999 15 AFFIDAVIT of Sue Ellen Dodell by New York City Re: [14-1] opposition memorandum by New York City to the Copansky Group's Motion for Appointment of Lead plaintiff and Approval of Their Selection of Counsel (klau) (Entered: 05/06/1999)

05/05/1999 16 SUPPLEMENTAL AFFIDAVIT of Michael A. Marek by New York City in Support Re: [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff, [8-2] motion by New York City Pension Funds Approval of Their Selection of Lead Counsel (klau) (Entered: 05/06/1999)

05/05/1999 17 AFFIDAVIT of Jonathan M. Plasse by New York City Re: [14-1] opposition memorandum by New York City to The Copansky Group's Motion for Appointment of Lead Plaintiff and Approval of Their Selection of Counsel (LARGE PLEADING) (klau) (Entered: 05/06/1999)

05/06/1999 18 RE-NOTICE of Hearing: Motion Hearing set for 10:00 5/21/99 for [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff, set for 10:00 5/21/99 for [8-2] motion by New York City Pension Funds Approval of Their Selection of Lead Counsel (klau) Modified on 05/07/1999 (Entered: 05/07/1999)

05/07/1999 19 ORDER, Substituting Cousnel for the New York City Pension Fund terminated attorney Floyd Allen Phaup II Added Michael Stefan Nachmanoff ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (agil) (Entered: 05/10/1999)

05/07/1999 20 ORDER that the time for filing and serving briefs in reply to the opposition briefs in the motions shall be extended from May 11, 1999, until May 14, 1999. See Order for details. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (agil) (Entered: 05/10/1999)

05/11/1999 21 Consent Order Enlarging Time for Responding to Complaint that pursuant to FRCP

12(b), the time for filing and serving a response, whether by motion, answer or otherwise, to the complaint filed in this proceeding shall be extended to the date 30 days after service of the Consolidated Complaint on the defendants. - ent. & filed ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (klau) (Entered: 05/12/1999)

05/14/1999 22 REPLY MEMORANDUM in Further support by Robin Switzenbaum of [5-1] motion by Robin Switzenbaum for Appointment of Lead Plaintiffs (klau) (Entered: 05/14/1999)

05/14/1999 23 REPLY MEMORANDUM in support by New York City of [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff (klau) (Entered: 05/14/1999)

05/14/1999 24 REPLY AFFIDAVIT of Michael A. Marek by New York City Re: [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff and [8-2] motion by New York City Pension Funds Approval of Their Selection of Lead Counsel (klau) (Entered: 05/14/1999)

05/14/1999 25 REPLY AFFIDAVIT of Jonathan M. Plasse by New York City Re: [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff (klau) (Entered: 05/14/1999)

05/18/1999 26 MOTION by Sec & Exchg Comm for Leave to File a memorandum as Amicus Curiae (clar) (Entered: 05/19/1999)

05/18/1999 27 MEMORANDUM by Sec & Exchg Comm in support of [26-1] motion by Sec & Exchg Comm for Leave to File a memorandum as Amicus Curiae tog. w/appendix to memorandum (large pleading) (clar) (Entered: 05/19/1999)

05/18/1999 28 NOTICE of Hearing: Motion Hearing set for 10:00 5/21/99 for [26-1] motion by Sec & Exchg Comm for Leave to File a memorandum as Amicus Curiae (clar) (Entered: 05/19/1999)

05/21/1999 Minute entry: Judge Cacheris. Reporter: S. Moses. Appearances of counsel. Motion by Robin Switzenbaum to consolidate related cases for all purposes - uncontested, granted. Remaining motions under advisement. (clerk) (Entered: 05/21/1999)

05/21/1999 29 MEMORANDUM OPINION - filed ( signed by Judge James C. Cacheris ) Copies Mailed: yes (ltun) (Entered: 05/24/1999)

05/21/1999 30 ORDER, for the reasons set forth in the attached Memorandum Opinion, granting [26-1] motion by Sec & Exchg Comm for Leave to File a memorandum as Amicus Curiae, granting [2-1] by Robin Switzenbaum to Consolidate Related Cases For All Purposes, denying [5-1] motion by Robin Switzenbaum for Appointment of Lead Plaintiffs Under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, denying [5-2] motion by Robin Switzenbaum for Approval of Lead Plaintiffs' Selection of Co-Lead Counsel, granting [8-1] motion by New York City Pension Funds for Appointment as Lead Plaintiff, granting [8-2] motion by New York City Pension Funds Approval of Their Selection of Lead Counsel; by 5/28/99 NYC Pension Funds shall file and serve a Consolidated Amended Complaint, but docketed solely under CA 99-197-A, with service to be effected by hand upon Arnold & Porter for the defts; that Orbital Sciences Corp., David W. Thompson, and Jeffrey V. Pirone shall file and serve their responses to the Consolidated

Amended Complaint no later than 6/28/99, with service to be effected by hand upon Goodkind Labton Rudoff & Sucharow as Lead Counsel and Cohen Gettings & Dunham as Local Counsel for the Pltfs. (see order for details) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (ltun) (Entered: 05/24/1999)

05/21/1999 Consolidated Lead Case with CA 99-230, 99-231, 99-233, 99-265, 99-266, 99-279, 99-284, 99-300, 99-309, 99-310, 99-347, 99-368, 99=384, 99-414, 99-524, 99-533 and 99-385. (ltun) (Entered: 05/24/1999)

05/28/1999 31 CONSOLIDATED CLASS ACTION COMPLAINT; jury demand (ltun) (Entered: 06/04/1999)

06/08/1999 32 SCHEDULING ORDER setting Discovery cutoff 9/24/99 ; Pretrial Conference for 10:00 10/21/99 ; ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (klau) (Entered: 06/09/1999)

06/28/1999 33 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Stephen M. Sacks, Esq., Andrew T. Karron, Esq., and Nicholas I. Porritt, Esq. to Appear Pro Hac Vice (klau) (Entered: 06/29/1999)

06/28/1999 34 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss Consolidated Class Action Complaint (klau) (Entered: 06/29/1999)

06/28/1999 35 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [34-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss Consolidated Class Action Complaint (LARGE PLEADING) (klau) (Entered: 06/29/1999)

06/28/1999 36 NOTICE of Hearing: Motion Hearing set for 10:00 7/23/99 for [34-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss Consolidated Class Action Complaint (klau) (Entered: 06/29/1999)

06/29/1999 37 ORDER granting [33-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Stephen M. Sacks, Esq., Andrew T. Karron, Esq., and Nicholas I. Porritt, Esq. to Appear Pro Hac Vice - ent. & filed ( signed by Judge Albert V. Bryan Jr.) Copies Mailed: yes (klau) (Entered: 06/30/1999)

07/07/1999 38 MOTION by New York City to Partially Lift Stay of Discovery (rule on paper by WCS per counsel) (klau) (Entered: 07/08/1999)

07/07/1999 39 CORRECTED MEMORANDUM by New York City in support of [38-1] motion by New York City to Partially Lift Stay of Discovery (filed together with Motion for Extension of Time to File Expert Disclosures) (klau) (Entered: 07/08/1999)

07/07/1999 39 MOTION by New York City for Extension of Time to File Expert Disclosures (will submit consent order per counsel) (klau) (Entered: 07/08/1999)

07/08/1999 Deadline updated; Motion Hearing set for 10:00 7/30/99 for [34-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss Consolidated Class Action Complaint (update deadline as per JCC Chamber) (klau) (Entered: 07/08/1999)

07/12/1999 40 OBJECTION by defendant Orbital Sciences, defendant David R. Thompson, defendant Jeffrey V. Pirone to [38-1] motion by New York City to Partially Lift

Stay of Discovery (sent to WCS) (klau) (Entered: 07/13/1999)

07/13/1999 41 Consent Order that the time for filing and serving an opposition brief to the Motion to Dismiss shall be extended from July 9, 1999 until July 19, 1999. Said brief shall be faxed or hand-delivered by 5:00 P.M. on July 19, 1999, and it is further ORDERED that the time for filing and serving a brief in reply to the opposition brief shall be extended from July 18, 1999 until July 26, 1999. Said brief shall be faxed or hand-delivered by 5:00 P.M. on July 26, 1999--- (see order for details) - ent. & filed ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (klau) (Entered: 07/15/1999)

07/13/1999 42 Consent Order that the Plaintiffs shall make the disclosures required by Local Rule 26(D)(2) by August 20, 1999, the Defendants shall make their disclosures required by Local Rule 26(D)(2) by September 13, 1999, and the Plaintiffs shall make their rebuttal disclosures required by Local Rule 26(D)(2) by September 27, 1999 ----- ORDERED that other aspects of the Scheduling Order shall remain in effect. (see order for details) - ent. & filed ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (klau) (Entered: 07/15/1999)

07/13/1999 43 ORDER [38-1] motion by New York City to Partially Lift Stay of Discovery is DENIED without prejudice to seek relief from the scheduling order, as appropriate. - ent. & filed ( signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: yes (klau) (Entered: 07/15/1999)

07/14/1999 47 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Consolidate Cases , and by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Copansky Optionholders Class Action Lawsuit (klau) (Entered: 07/20/1999)

07/14/1999 48 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [47-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Consolidate Cases, [47-2] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Copansky Optionholders Class Action Lawsuit (klau) (Entered: 07/20/1999)

07/14/1999 49 NOTICE of Hearing: Motion Hearing set for 10:00 7/30/99 for [47-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Consolidate Cases, set for 10:00 7/30/99 for [47-2] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Copansky Optionholders Class Action Lawsuit (klau) (Entered: 07/20/1999)

07/16/1999 50 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Walter Zenner to Withdraw Appearance as Counsel of Record (together with Consent Order sent to LMB) (klau) (Entered: 07/20/1999)

07/19/1999 44 MEMORANDUM by New York City "Lead Pltfs'" in opposition to [34-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss Consolidated Class Action Complaint by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (clerk) (Entered: 07/20/1999)

07/19/1999 45 APPENDIX OF UNPUBLISHED Cases filed by Lead plaintiffs New York City [44-1] opposition memorandum to defts motion to dismiss the complaint by New York City (clerk) (Entered: 07/20/1999)

07/19/1999 46 AFFIDAVIT of Jonathan M. Plasse (clerk) (Entered: 07/20/1999)

07/20/1999 51 Consent Order granting [50-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Walter Zenner to Withdraw Appearance as Counsel of Record - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (klau) (Entered: 07/21/1999)

07/26/1999 52 MEMORANDUM IN RESPONSE to [47-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Consolidate Cases by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences, [47-2] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Copansky Optionholders Class Action Lawsuit by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (clerk) (Entered: 07/27/1999)

07/26/1999 53 REPLY BRIEF in support by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone of [34-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss Consolidated Class Action Complaint by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (clerk) (Entered: 07/27/1999)

07/27/1999 54 PRAECIPE Attachment A filed by plaintiff New York City [47-2] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Copansky Optionholders Class Action Lawsuit by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (clerk) (Entered: 07/27/1999)

07/27/1999 55 Reply Memorandum by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (clar) (Entered: 07/28/1999)

07/30/1999 Minute entry: Judge Cacheris. Reporter: R. Hopchas. Appearances of counsel. Motions argued and ruled on order to follow. (clerk) (Entered: 08/02/1999)

07/30/1999 56 MEMORANDUM OPINION ( signed by Judge James C. Cacheris ) Copies Mailed: y (clerk) (Entered: 08/02/1999)

07/30/1999 57 JOINT ORDER in accordance with the accompanying Memorandum Opinion that the Defts' motion to consolidate CA 99-197-A & CA 99-941-A is granted. The Defts' Motions to dismiss CA 99-941-A & 99-107-A are denied. That on or before 8-13-99, the Pltf. New York City Pension Funds shall file a "Revised Consolidated Amended Complaint" in CA 99-197-A that incorporates the claims that the Pltf. Paul Copansky has made in CA 99-941-A but that makes no other alterations or amendments except by leave of the Court; that w/i 5 days thereafter, the pltf. Paul Copansky shall submit a consent order that dismisses CA 99-941-A in favor of the Revised Consolidated Amended Complaint in CA 99-197-A. Defts need not file an answer in CA 99-941-A but shall file an answer to Revised Amended Complaint in CA 99-197-A by 8-27-99 etc. ( signed by Judge James C. Cacheris ) Copies Mailed: y [EOD Date: 8/2/99] (clerk) (Entered: 08/02/1999)

08/12/1999 58 REVISED CONSOLIDATED CLASS ACTION COMPLAINT by Robin Switzenbaum, NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Steven Blank, Jacob H. Freiman, David Bromley, David Benjamin, Charles Fiermonte Jr., Edward P. McCloskey, Rebecca Neiss, Michael F. Cafferty, Terence Byrne, Bert G. Larson, Barbara Eisenberg, Richard M. Lam, Yakov Prager, Kulwant Sandhu, Paul Krieger, Darren Alexander Urman amending [31-1] complaint ;; jury demand (klau) (Entered:

08/16/1999)

08/20/1999 59 MOTION by plaintiffs for leave to Take more than five (5) Depositions of Non-Party, Non-expert witnesses (clerk) (Entered: 08/23/1999)

08/20/1999 60 MEMORANDUM by Robin Switzenbaum, NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Steven Blank, Jacob H. Freiman, David L. Bromley, David Benjamin, Charles Fiermonte Jr., Edward P. McCloskey, Rebecca Neiss, Michael F. Cafferty, Terence Byrne, Bert G. Larson, Barbara Eisenberg, Richard M. Lam, Yakov Prager, Kulwant Sandhu, Paul Krieger, Darren Spademan, Alexander Urman in support of [59-1] motion by plaintiffs for leave to Take more than five (5) Depositions of Non-Party, Non-expert witnesses by plaintiffs (clerk) (Entered: 08/23/1999)

08/20/1999 61 NOTICE of Hearing: Motion Hearing set for 10:00 8/27/99 for [59-1] motion by plaintiffs for leave to Take more than five (5) Depositions of Non-Party, Non-expert witnesses (clerk) (Entered: 08/23/1999)

08/20/1999 62 MOTION by plaintiffs to Compel (clerk) (Entered: 08/23/1999)

08/20/1999 63 MEMORANDUM by Robin Switzenbaum, NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Steven Blank, Jacob H. Freiman, David L. Bromley, David Benjamin, Charles Fiermonte Jr., Edward P. McCloskey, Rebecca Neiss, Michael F. Cafferty, Terence Byrne, Bert G. Larson, Barbara Eisenberg, Richard M. Lam, Yakov Prager, Kulwant Sandhu, Paul Krieger, Darren Spademan, Alexander Urman in support of [62-1] motion by plaintiffs to Compel by plaintiffs (clerk) (Entered: 08/23/1999)

08/20/1999 64 NOTICE of Hearing: Motion Hearing set for 10:00 8/27/99 for [62-1] motion by plaintiffs to Compel (clerk) (Entered: 08/23/1999)

08/25/1999 65 Response by Robin Switzenbaum to [62-1] motion by plaintiffs to Compel Production by KPMG LLP (large pleading)(clar) Modified on 08/26/1999 (Entered: 08/26/1999)

08/25/1999 66 Supplemental MEMORANDUM by Robin Switzenbaum in support of [62-1] motion by plaintiffs to Compel Production by KPMG LLP (clar) (Entered: 08/26/1999)

08/26/1999 67 REPLY MEMORANDUM of Law in support by Robin Switzenbaum, NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Steven Blank, Jacob H. Freiman, David L. Bromley, David Benjamin, Charles Fiermonte Jr., Edward P. McCloskey, Rebecca Neiss, Michael F. Cafferty, Terence Byrne, Bert G. Larson, Barbara Eisenberg, Richard M. Lam, Yakov Prager, Kulwant Sandhu, Paul Krieger, Darren Spademan, Alexander Urman of [62-1] motion by plaintiffs to Compel (clar) (Entered: 08/27/1999)

08/27/1999 Minute entry: Judge Buchanan. Casamo, counsel. Matter heard as to pltfs' motion to compel - argued & granted, consent order entered. (lbac) (Entered: 08/27/1999)

08/27/1999 68 ORDER granting [62-1] motion by plaintiffs to Compel, granting [59-1] motion by plaintiffs for leave to Take more than five (5) Depositions of Non-Party, Non-expert witnesses ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 8/27/99] (lbac) (Entered: 08/27/1999)

08/27/1999 69 MOTION by New York City Pension Funds to Compel (clerk) (Entered: 08/30/1999)

08/27/1999 70 MEMORANDUM by New York City in support of [69-1] motion by New York City Pension Funds to Compel by New York City (clerk) (Entered: 08/30/1999)

08/27/1999 71 NOTICE of Hearing: Motion Hearing set for 10:00 9/3/99 for [69-1] motion by New York City Pension Funds to Compel (clerk) (Entered: 08/30/1999)

08/27/1999 72 ANSWER to Revised Consolidated Class Action Complaint by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (Attorney Leo S. Fisher ),; jury demand (clerk) (Entered: 08/31/1999)

09/03/1999 Per TCB chambers motions set for 9/3/99 w/d (clerk) (Entered: 09/03/1999)

09/03/1999 Per TCB motions set for 9/3/99 w/d (clar) (Entered: 09/03/1999)

09/03/1999 73 MOTION by New York City for Sanctions based upon KPMG, L.L.P.'s Failure to comply with this court's order dated 8/27/99 (clerk) (Entered: 09/07/1999)

09/03/1999 74 MEMORANDUM by New York City in support of [73-1] motion by New York City for Sanctions based upon KPMG, L.L.P.'s Failure to comply with this court's order dated 8/27/99 by New York City (clerk) (Entered: 09/07/1999)

09/03/1999 75 NOTICE of Hearing: Motion Hearing set for 10:00 9/10/99 for [73-1] motion by New York City for Sanctions based upon KPMG, L.L.P.'s Failure to comply with this court's order dated 8/27/99 (clerk) (Entered: 09/07/1999)

09/03/1999 76 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike Pltfs' Supplemental expert report on damages (clerk) (Entered: 09/08/1999)

09/03/1999 77 BRIEF by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [76-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike Pltfs' Supplemental expert report on damages by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (clerk) (Entered: 09/08/1999)

09/03/1999 78 NOTICE of Hearing: Motion Hearing set for 10:00 9/17/99 for [76-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike Pltfs' Supplemental expert report on damages (clerk) (Entered: 09/08/1999)

09/03/1999 79 MOTION by New York City for Class Certification (clerk) (Entered: 09/08/1999)

09/03/1999 80 MEMORANDUM by New York City in support of [79-1] motion by New York City for Class Certification by New York City (clerk) (Entered: 09/08/1999)

09/03/1999 81 NOTICE of Hearing: Motion Hearing set for 10:00 9/17/99 for [79-1] motion by New York City for Class Certification (clerk) (Entered: 09/08/1999)

09/07/1999 82 CORRECTED MEMORANDUM by New York City in support of [79-1] motion by New York City for Class Certification by New York City (clerk) (Entered: 09/08/1999)

09/08/1999 Per TRJ chambers motions set for 9/10/99 resolved (clerk) (Entered: 09/08/1999)

09/10/1999 83 MOTION by New York City for Commission , and by New York City for Letters Rogatory (clerk) (Entered: 09/13/1999)

09/10/1999 84 NOTICE of Hearing: Motion Hearing set for 10:00 9/17/99 for [83-1] motion by New York City for Commission, set for 10:00 9/17/99 for [83-2] motion by New York City for Letters Rogatory (clerk) (Entered: 09/13/1999)

09/10/1999 85 MOTION by New York City for leave to Take Deposition of Anil Wirasekara in Canada Beyond the discovery cut-off date (clerk) (Entered: 09/13/1999)

09/10/1999 86 MEMORANDUM by New York City in support of [85-1] motion by New York City for leave to Take Deposition of Anil Wirasekara in Canada Beyond the discovery cut-off date by New York City (clerk) (Entered: 09/13/1999)

09/10/1999 87 NOTICE of Hearing: Motion Hearing set for 10:00 9/17/99 for [85-1] motion by New York City for leave to Take Deposition of Anil Wirasekara in Canada Beyond the discovery cut-off date (clerk) (Entered: 09/13/1999)

09/14/1999 88 Opposition by New York City to [76-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike Pltfs' Supplemental expert report on damages (clar) (Entered: 09/14/1999)

09/14/1999 89 NOTICE of Hearing: Motion Hearing set for 10:00 10/8/99 for [79-1] motion by New York City for Class Certification (clar) (Entered: 09/15/1999)

09/14/1999 91 Consent Order It appearing that the Plaintiffs will issue a revised Notice of Hearing setting the Motion for Class Certification for hearing on October 8, 1999 at 10:00 a.m. it is hereby ORDERED that the Defendants shall file their brief in opposition to the Motion for Class Certification on or before September 24, 1999, and the Plaintiffs shall file their reply brief on or before October 6, 1999. (see order for details) - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies yes (klau) Modified on 09/15/1999 (Entered: 09/15/1999)

09/15/1999 Per JCC chambers motions set for 9/17/99 to be re-noticed. (clar) (Entered: 09/15/1999)

09/15/1999 90 Opposition by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone to [85-1] motion by New York City for leave to Take Deposition of Anil Wirasekara in Canada Beyond the discovery cut-off date, [83-1] motion by New York City for Commission (clar) (Entered: 09/15/1999)

09/15/1999 93 TRANSCRIPT for dates of 8/27/99 (TCB) - filed (klau) (Entered: 09/17/1999)

09/16/1999 92 REPLY by New York City to response to [83-1] motion by New York City for Commission, [83-2] motion by New York City for Letters Rogatory (clar) (Entered: 09/16/1999)

09/17/1999 Minute entry: Judge Buchanan. Rpt: Rudiger & Green. Apr: counsel. Matter heard as to pltfs' motions for leave to take deposition - argued & granted; pltfs' motion for commission - argued & granted; and defts' motion to strike - argued denied. Order to be entered. (lbac) (Entered: 09/17/1999)

09/17/1999 94 ORDER granting [85-1] motion by New York City for leave to Take Deposition of Anil Wirasekara in Canada Beyond the discovery cut-off date granting [83-1] motion by New York City for Commission denying [76-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike Pltfs' Supplemental expert report on damages ( signed by Magistrate Judge Theresa C. Buchanan ) Copies

Mailed: yes [EOD Date: 9/17/99] (lbac) (Entered: 09/17/1999)

09/17/1999 95 Letters Rogatory to the Supreme Court of British Columbia by Robin Switzenbaum, NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Steven Blank, Jacob H. Freiman, David L. Bromley, David Benjamin, Charles Fiermonte Jr., Edward P. McCloskey, Rebecca Neiss, Michael F. Cafferty, Terence Byrne, Bert G. Larson, Barbara Eisenberg, Richard M. Lam, Yakov Prager, Kulwant Sandhu, Paul Krieger, Darren Spademan, Alexander Urman (lbac) (Entered: 09/17/1999)

09/17/1999 96 ORDER for Commission filed by pltfs. ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 9/17/99] (lbac) (Entered: 09/17/1999)

09/24/1999 97 BRIEF by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in opposition to [79-1] motion by New York City for Class Certification by New York City (Together w/1large bound volume of exhibits in support) (clerk) (Entered: 09/27/1999)

10/06/1999 98 REPLY MEMORANDUM in further support by New York City (Lead Pltfs') of [79-1] motion by New York City for Class Certification by New York City (clerk) (Entered: 10/06/1999)

10/06/1999 99 AFFIDAVIT of Jonathan M. Plasse Re: [98-1] reply memo in further support of motion for class certification by New York City (clerk) (Entered: 10/06/1999)

10/08/1999 Minute entry: Judge Cacheris, Reporter Rocky Hopchas. Counsel present. Matter on for Pltf's motion for class certification - taken under advisement. (clerk) (Entered: 10/08/1999)

10/08/1999 100 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to exclude expert Testimony of defts' state of mind, subsequent remedial measures, improper character evidence and other collateral or prejudicial matters (clerk) (Entered: 10/12/1999)

10/08/1999 101 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [100-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to exclude expert Testimony of defts' state of mind, subsequent remedial measures, improper character evidence and other collateral or prejudicial matters (LARGE PLEADING) (clerk) (Entered: 10/12/1999)

10/08/1999 102 NOTICE of Hearing: Motion Hearing set for 10:00 10/15/99 for [100-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to exclude expert Testimony of defts' state of mind, subsequent remedial measures, improper character evidence and other collateral or prejudicial matters (clerk) (Entered: 10/12/1999)

10/13/1999 103 CONSENT ORDER, Continuing deft's motion in Limine from Friday October 15, 1999 until Friday October 29, 1999 - ent & filed ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes [EOD Date: 10/14/99] (mcke) (Entered: 10/14/1999)

10/14/1999 Deadline updated; Motion Hearing set for 10:00 10/27/99 for [100-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to exclude expert Testimony of defts' state of mind, subsequent remedial measures, improper

character evidence and other collateral or prejudicial matters (clerk) (Entered: 10/14/1999)

10/14/1999 Deadline updated; Motion Hearing set for 10:00 10/29/99 for [100-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to exclude expert Testimony of defts' state of mind, subsequent remedial measures, improper character evidence and other collateral or prejudicial matters (clerk) (Entered: 10/14/1999)

10/19/1999 104 Consent Order Extending Time for filing pltfs' opposition brief to the defts' motion in limine from 10/19/99 until 10/22/99, and that pltfs shall serve their opposition brief on the defts via facsimile by 12:00 pm and by hand delivery by 5:00 p.m. on 10/22/99 - ent & filed ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (mcke) (Entered: 10/19/1999)

10/21/1999 Pre-Trial Conference held; Judge Hilton; Appearances of Counsel. Case set for trial by JURY on 11/29/99. Exhibit lists to be filed tomorrow. (ltun) (Entered: 10/22/1999)

10/21/1999 Jury Trial set at 10:00 11/29/99 (ltun) (Entered: 10/22/1999)

10/21/1999 105 Witness list by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (ltun) (Entered: 10/22/1999)

10/21/1999 106 Witness list by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund (ltun) (Entered: 10/22/1999)

10/21/1999 107 Deposition Designations filed by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund (ltun) (Entered: 10/22/1999)

10/22/1999 108 MEMORANDUM OPINION ( signed by Judge James C. Cacheris ) Copies Mailed: y (jsol) (Entered: 10/26/1999)

10/22/1999 109 ORDER that [79-1] motion by New York City for Class Certification is granted. ( signed by Judge James C. Cacheris ) Copies Mailed: y [EOD Date: 10/26/99] (jsol) (Entered: 10/26/1999)

10/22/1999 111 Exhibit list by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund (mcke) (Entered: 10/26/1999)

10/22/1999 112 Exhibit list by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (mcke) (Entered: 10/26/1999)

10/25/1999 110 CONSENT ORDER re: extension of time for filing opp to deft Motion in Limine re: testimony of Robert Berliner. Ordered that the time for filing pltf Opposition to deft Motion in Limine is extended fro 10/22/99 to 10/27/99 c.o.b. Further Ordered that all other motions in limine must be filed by 11/12/99 and all responses be filed by 11/19/99. Further Ordered that all motions in limine including the motion re: testimony of Robert Berliner shal be heard by the Court 11/29/99 @ 9 AM ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: y [EOD Date: 10/26/99] (jsol) (Entered: 10/26/1999)

10/25/1999 Deadline updated; Motion Hearing set for 9:00 11/29/99 for [100-1] motion by

Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to exclude expert Testimony of defts' state of mind, subsequent remedial measures, improper character evidence and other collateral or prejudicial matters (mcke) (Entered: 10/26/1999)

10/27/1999 116 MEMORANDUM by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund in opposition to [100-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to exclude expert Testimony of defts' state of mind, subsequent remedial measures, improper character evidence and other collateral or prejudicial matters (mcke) (Entered: 11/01/1999)

10/27/1999 117 AFFIDAVIT of Jonathan M. Plasse Re: in support of [116-1] opposition memorandum by NYC Firefghtr Fund, NYC Pol Spr Ofcr, NYC Bd Educ Rtrmnt, NYC Fire Dept Pnsn, NYC Empl Retirement to defts' motion in limine (large pleading) (mcke) (Entered: 11/01/1999)

10/29/1999 113 MOTION by New York City for Leave to File Second Revised Consolidated Class action complaint , by New York City to re-open Discovery , and by New York City to Extend the Trial Date (clerk) (Entered: 11/01/1999)

10/29/1999 114 MEMORANDUM by New York City in support of [113-1] motion by New York City for Leave to File Second Revised Consolidated Class action complaint [113-2] motion by New York City to re-open Discovery [113-3] motion by New York City to Extend the Trial Date (clerk) (Entered: 11/01/1999)

10/29/1999 115 NOTICE of Hearing: Motion Hearing set for 10:00 11/5/99 for [113-1] motion by New York City for Leave to File Second Revised Consolidated Class action complaint, set for 10:00 11/5/99 for [113-2] motion by New York City to re-open Discovery, set for 10:00 11/5/99 for [113-3] motion by New York City to Extend the Trial Date (clerk) (Entered: 11/01/1999)

11/01/1999 118 PRAECIPE filed by plaintiff New York City, plaintiff NYC Empl Retirement, plaintiff NYC Fire Dept Pnsn, plaintiff NYC Bd Educ Rtrmnt, plaintiff NYC Pol Spr Ofcr, plaintiff NYC Firefghtr Fund submit their attached Second Revised Consolidated Class Action Complaint in connect with their previously filed motion for leave to file a second revised consolidated class action complaint, to re-opne discovery,and to extend the trial date (mcke) (Entered: 11/01/1999)

11/01/1999 119 Defendants' Deposition Counter-Designations (clerk) (Entered: 11/02/1999)

11/01/1999 120 DEFENDANTS' OBJECTIONS to Plaintiffs' Proposed Exhibits. (clerk) (Entered: 11/02/1999)

11/02/1999 121 Consent Order Extending Time from 11/3/99 until 11/10/99 for both parties to file and serve their objections to exhibits ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) (Entered: 11/03/1999)

11/02/1999 122 Consent Order the lead pltfs moved for leave to file a second revised consolidated complaint to re-open discovery, and to extend the trial date, which motion is scheduled to be heard on 11/5/99, and the lead pltfs believe that in the event the motion is granted, the notice of class certification with respect to the court's October 22, 1999 order should be deferred in order to avoid unnecessary expense to

the class and potential uncertainty among class members that coud result from notice being sent out with respect to the original class period and notice being sent out at a future time with respect to the expanded class, and the lead pltfs believe if the motion is denied, notice of class certification should be properly disseminated as soon as practicable and that in the event the motion is granted, the dissemination of the notice shall be deferred until such time as the court directs, and that if the motion is denied, that the parties shall immediately submit to the court a proposed form of notice be to sent to class members as soon as practicable. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) (Entered: 11/03/1999)

11/04/1999 Per BRP chambers motions set for 11/5/99 on papers (clerk) (Entered: 11/04/1999)

11/04/1999 123 ORDER denying [113-1] motion by New York City for Leave to File Second Revised Consolidated Class action complaint, denying [113-2] motion by New York City to re-open Discovery, denying [113-3] motion by New York City to Extend the Trial Date ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes [EOD Date: 11/4/99] (mcke) (Entered: 11/04/1999)

11/04/1999 124 ORDER denying consent order for pltfs to file a third revised consolidated complaint, (plese see order dated 11/4/99 pleading number 123) ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes [EOD Date: 11/4/99] (mcke) Modified on 11/04/1999 (Entered: 11/04/1999)

11/05/1999 125 MOTION by New York City (Lead Pltfs) with respect to dissemination of notice of pendency (clerk) (Entered: 11/08/1999)

11/05/1999 126 NOTICE of Hearing: Motion Hearing set for 10:00 11/12/99 for [125-1] motion by New York City (Lead Pltfs) with respect to dissemination of notice of pendency (clerk) (Entered: 11/08/1999)

11/05/1999 127 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment (clerk) (Entered: 11/09/1999)

11/05/1999 128 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [127-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment (Together w/1 bound volume of exhibits in support) (clerk) (Entered: 11/09/1999)

11/05/1999 129 NOTICE of Hearing: Motion Hearing set for 10:00 11/19/99 for [127-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment (clerk) (Entered: 11/09/1999)

11/09/1999 Counsel Leo Fisher called to reserve the TV/VCR for trial on 11/29/99 (mcke) (Entered: 11/09/1999)

11/10/1999 130 MOTION by New York City to Consolidate Cases (99-197-A with 99-1700-A , and by New York City Rule 72 Objection to Magistrate Judge's order dated 11/4/99 (clerk) (Entered: 11/15/1999)

11/10/1999 131 MEMORANDUM by New York City in support of [130-1] motion by New York City to Consolidate Cases (99-197-A with 99-1700-A [130-2] motion by New York City Rule 72 Objection to Magistrate Judge's order dated 11/4/99 (clerk) (Entered: 11/15/1999)

11/10/1999 132 NOTICE of Hearing: Motion Hearing set for 10:00 11/19/99 for [130-1] motion by New York City to Consolidate Cases (99-197-A with 99-1700-A, set for 10:00 11/19/99 for [130-2] motion by New York City Rule 72 Objection to Magistrate Judge's order dated 11/4/99 (clerk) (Entered: 11/15/1999)

11/12/1999 Minute entry: Judge Cacheris. Reporter: R. Hopchas. Appearances of counsel. Pltf's motion to cont. - granted. Motions will be heard on 11-19-99 @ 10:00 a.m. (clerk) (Entered: 11/15/1999)

11/12/1999 133 ORDER that pltf's motion with respect to dissemination of notice, and other motions to be heard will be heard on 11-19-99 @ 10:00 a.m. ( signed by Judge James C. Cacheris ) Copies Mailed: y [EOD Date: 11/15/99] (clerk) (Entered: 11/15/1999)

11/12/1999 134 AFFIDAVIT of Jonathan M. Plasse in Connection with Motion to Disseminate Notice. (clerk) (Entered: 11/15/1999)

11/12/1999 135 DEFENDANTS'Opposition to Pltfs' Motion With Respectd to Dissemination of Notice of Pendency. (clerk) (Entered: 11/15/1999)

11/15/1999 TRIAL date to be reset per JCC from 11/29/99 (mcke) (Entered: 11/15/1999)

11/17/1999 136 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone with respect to [130-1] motion by New York City to Consolidate Cases (99-197-A with 99-1700-A) (clerk) Modified on 11/18/1999 (Entered: 11/18/1999)

11/17/1999 137 Consent Order to remove summary judgment motion from the November 19, 1999 docket without prejudice to Orbital to re-notice its motion or to file such other and further motions as may be permitted under the FRCP or applicable orders of this court ( signed by Judge James C. Cacheris ) Copies Mailed: yes (mcke) (Entered: 11/18/1999)

11/18/1999 138 REPLY MEMORANDUM in support by New York City of [130-1] motion by New York City to Consolidate Cases (99-197-A with 99-1700-A ) (clerk) (Entered: 11/18/1999)

11/19/1999 Minute entry: Judge Cacheris. Reporter: S. Moses. Appearances of counsel. Motion to consolidate w/CA 99-1700-A - Counsel will file amended complaint on or before 11-26-99, Deft. has until 12-3-99 to file its answer. CA 99-1700-A will be voluntarily dismissed by counsel. Case will be set for pretrial in March 2000. Counsel will meet and discuss discovery schedule. (clerk) (Entered: 11/19/1999)

11/19/1999 139 ORDER that pltf. shall voluntarily dismiss the second case, CA 99-1700-A and file an amended complaint in CA 99-197-A on or before 11-26-99 and that the deft. shall have until 12-3-99 to file its responsive pleadings. This case is placed on court's pretrial conference calendar on 3-16-2000 at 10:00 a.m for pretrial conference. Counsel shall meet and discuss a discovery schedule. ( signed by Judge James C. Cacheris ) Copies Mailed: y [EOD Date: 11/23/99] (clerk) (Entered: 11/23/1999)

11/26/1999 140 SECOND REVISED CONSOLIDATED CLASS ACTION COMPLAINT by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Harvey Martin amending [58-1] amended complaint by plaintiffs ;; jury demand (mcke) (Entered: 11/26/1999)

12/03/1999 141 TRANSCRIPT for dates of 11/12/99 - FILED - JCC (clerk) (Entered: 12/03/1999)


12/03/1999 143 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Second Revised Consolidated Complaint (clerk) (Entered: 12/06/1999)

12/03/1999 144 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [143-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Second Revised Consolidated Complaint (LARGE PLEADING) (clerk) (Entered: 12/06/1999)

12/03/1999 145 NOTICE of Hearing: Motion Hearing set for 10:00 12/30/99 for [143-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Second Revised Consolidated Complaint (clerk) (Entered: 12/06/1999)

12/09/1999 146 Consent Order the parties have agreed to the following discovery schedule, that defts shall not be required to file any answer to the Second Revised Consolidated Class Action Complaint until (10) days after receipt of any court ruling on the pending motion to dismiss. That the discovery cut-off date shall be February 28, 2000 for all fact witnesses, and March 13, 2000 for all expert witnesses (see order for more details) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (mcke) (Entered: 12/10/1999)

12/10/1999 Deadline updated; reset Pretrial Conference for 10:00 3/16/00 (mcke) (Entered: 12/10/1999)

12/23/1999 147 MOTION by New York City to partially lift stay of discovery , and by New York City to Compel production of documents from non-parties Pricewaterhouse, Coppers and KPMG (clerk) (Entered: 12/27/1999)

12/23/1999 148 MEMORANDUM by New York City in support of [147-1] motion by New York City to partially lift stay of discovery by New York City, [147-2] motion by New York City to Compel production of documents from non-parties Pricewaterhouse, Coppers and KPMG (clerk) (Entered: 12/27/1999)

12/23/1999 149 NOTICE of Hearing: Motion Hearing set for 10:00 12/30/99 for [147-1] motion by New York City to partially lift stay of discovery, set for 10:00 12/30/99 for [147-2] motion by New York City to Compel production of documents from non-parties Pricewaterhouse, Coppers and KPMG (clerk) (Entered: 12/27/1999)

12/23/1999 150 MEMORANDUM by New York City in opposition to [143-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Second Revised Consolidated Complaint by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (clerk) (Entered: 12/27/1999)

12/27/1999 151 Consent Order that the following discovery responses are due on Tuesday, 12/28/99: Defts' (Orbital, Thompson & Pirone) Responses to Lead Pltf's Requests for Production of Documents; Defts' (Orbital, Thompson & Pirone) Responses to Lead Pltf's First Set of Interrogatories; and Lead Pltf's Responses to Defts' First Set of Interrogatories and Second Production of Documents ( signed by Judge James C. Cacheris ) Copies Mailed: yes (ltun) (Entered: 12/28/1999)

12/28/1999 152 REPLY MEMORANDUM in support by Orbital Sciences, David R. Thompson,

Jeffrey V. Pirone of [143-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Dismiss the Second Revised Consolidated Complaint (clerk) (Entered: 12/29/1999)

12/28/1999 153 RESPONSE by KPMG,LLP to [147-1] motion by New York City to partially lift stay of discovery [147-2] motion by New York City to Compel production of documents from non-parties Pricewaterhouse, Coppers and KPMG (clerk) (Entered: 12/29/1999)

12/30/1999 Minute entry: Judge Cacheris. Reporter: R. Hopchas. Appearances of counsel. Motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to dismiss the Second Revised Consolidated complaint - argued and taken under advisement. (clerk) (Entered: 12/30/1999)

01/04/2000 154 MEMORANDUM OPINION ( signed by Judge James C. Cacheris ) Copies Mailed: y (clerk) (Entered: 01/04/2000)

01/04/2000 155 ORDER in accordance with the accompanying Memorandum Opinion, denying the Deft's motion to dismiss. Defts. will have 10 days from the date of entry of this Order in which to file an Answer to Pltfs' Second Revised Consolidated Complaint. ( signed by Judge James C. Cacheris ) Copies Mailed: y [EOD Date: 1/4/00] (clerk) (Entered: 01/04/2000)

01/06/2000 160 ORDER denying [147-1] motion by New York City to partially lift stay of discovery, denying [147-2] motion by New York City to Compel production of documents from non-parties Pricewaterhouse, Coopers and KPMG ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes [EOD Date: 1/12/00] (clerk) (Entered: 01/12/2000)

01/07/2000 156 MOTION by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG , and by New York City to Extend Time for lead pltfs to submit their expert reports (clerk) (Entered: 01/10/2000)

01/07/2000 157 MEMORANDUM by New York City in support of [156-1] motion by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG [156-2] motion by New York City to Extend Time for lead pltfs to submit their expert reports (clerk) (Entered: 01/10/2000)

01/07/2000 158 NOTICE of Hearing: Motion Hearing set for 10:00 1/14/00 for [156-1] motion by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG, set for 10:00 1/14/00 for [156-2] motion by New York City to Extend Time for lead pltfs to submit their expert reports (clerk) (Entered: 01/10/2000)

01/12/2000 159 MEMORANDUM by New York City in support of [156-1] motion by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG [156-2] motion by New York City to Extend Time for lead pltfs to submit their expert reports (LARGE PLEADING) (clerk) (Entered: 01/12/2000)

01/12/2000 161 RESPONSE by KPMG,LLP to [156-1] motion by New York City (Lead Pltfs) to

Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG (clerk) (Entered: 01/13/2000)

01/12/2000 162 RESPONSE by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in opposition to [156-1] motion by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG [156-2] motion by New York City to Extend Time for lead pltfs to submit their expert reports (clerk) (Entered: 01/13/2000)

01/13/2000 163 SUPPLEMENTAL REPLY MEMORANDUM in support by New York City of [156-1] motion by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG (clerk) (Entered: 01/13/2000)

01/13/2000 164 Reply by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone to pltfs supplemental memorandum regarding [156-1] motion by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG [156-2] motion by New York City to Extend Time for lead pltfs to submit their expert reports (clerk) (Entered: 01/14/2000)

01/14/2000 Minute entry: Judge Sewell. Tape #53. Reporter; Casamo and Assoc. Appearances; of counsel. Matter came on as pltfs motion to compel-Matter is argued and Granted in part and Denied in part. Order to follow. (nbla) Modified on 01/19/2000 (Entered: 01/14/2000)

01/14/2000 165 Consent Order granting [156-2] motion by New York City to Extend Time for lead pltfs to submit their expert reports. It is hereby ordered, that the lead Plaintiffs and Plaintiff harvey Martin ("Martin") shall make the required discolosures from their accounting expert(s) and damages expert(s) by February 22, 2000, and that defendants shall make their expert accounting and damages disclosures by March 8, 2000, and that the lead Plaintiffs and Martin shall make their rebuttal expert(s) accounting and damages disclosures by March 15, 2000, and that all expert disclosures shall be delivered by hand-delivery or by facsimile on the dates specified in this Consent Order and It is further ordered, that the designation of dates for expert disclosures described above is without prejudice to the Lead Plaintiffs and Martin seeking additional time. signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y. (nbla) (Entered: 01/14/2000)

01/14/2000 166 Consent Order granting [156-1] motion by New York City (Lead Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG. Ordered that the Defendants shall produce a privilege by 12:00 pm on Monday, January 17, 2000 at the offices of Goodkind, Labaton, Rudoff & sucharow LLp ("GLRS"), 100 Park Avenue, New York, New York 10017 and it is further ORDERED that if, after review of the provilege log, Lead Plaintiffs file a motion to compel by 12:00p.m on Tuesday January 18, 2000 and agree that such a motion should be heard at that time if the Court so permits. The Clerk is directed to send copies of this Order to all counsel of record. Labaton, Rudoff & Sucharo ( signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y. (nbla) (Entered: 01/14/2000)

01/14/2000 170 ORDER granting in part, denying in part [156-1] motion by New York City (Lead

Pltfs) to Compel production of documents from deft Orbital Sciences Corp and from Non-Parties Pricewaterhouse Coopers and KPMG ( signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y [EOD Date: 1/19/00] (nbla) (Entered: 01/19/2000)

01/18/2000 167 MOTION by New York City (Lead Pltfs) to Compel defts to produce documents improperly withheld on the basis of atty client privilege and/or the work product doctrine (clerk) (Entered: 01/18/2000)

01/18/2000 168 MEMORANDUM by New York City in support of [167-1] motion by New York City (Lead Pltfs) to Compel defts to produce documents improperly withheld on the basis of atty client privilege and/or the work product doctrine (clerk) (Entered: 01/18/2000)

01/18/2000 169 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/21/00 for [167-1] motion by New York City (Lead Pltfs) to Compel defts to produce documents improperly withheld on the basis of atty client privilege and/or the work product doctrine (clerk) (Entered: 01/18/2000)

01/19/2000 178 ANSWER by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone to second revised consolidated class action complaint jury demand (clerk) Modified on 01/27/2000 (Entered: 01/24/2000)

01/21/2000 171 MOTION by New York City (Lead Pltfs) for leave to take more than five (5) Depositions of non-party, non-expert witnesses (clerk) (Entered: 01/24/2000)

01/21/2000 172 MEMORANDUM by New York City (Lead Pltfs) in support of [171-1] motion by New York City (Lead Pltfs) for leave to take more than five (5) Depositions of non-party, non-expert witnesses (clerk) (Entered: 01/24/2000)

01/21/2000 173 MOTION by New York City (Lead Pltfs) to Compel Pricewaterhousecoopers to produce documents improperly redacted (clerk) (Entered: 01/24/2000)

01/21/2000 174 MEMORANDUM by New York City in support of [173-1] motion by New York City (Lead Pltfs) to Compel Pricewaterhousecoopers to produce documents improperly redacted (clerk) (Entered: 01/24/2000)

01/21/2000 175 MOTION by New York City (Lead Pltfs) to Compel defts to prpoduce documents improperly redacted on the basis of "Sensitivity" and for sanctions (clerk) (Entered: 01/24/2000)

01/21/2000 176 MEMORANDUM by New York City in support of [175-1] motion by New York City (Lead Pltfs) to Compel defts to prpoduce documents improperly redacted on the basis of "Sensitivity" and for sanctions (clerk) (Entered: 01/24/2000)

01/21/2000 177 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/28/00 for [175-1] motion by New York City (Lead Pltfs) to Compel defts to prpoduce documents improperly redacted on the basis of "Sensitivity" and for sanctions, set for 10:00 1/28/00 for [173-1] motion by New York City (Lead Pltfs) to Compel Pricewaterhousecoopers to produce documents improperly redacted, set for 10:00 1/28/00 for [171-1] motion by New York City (Lead Pltfs) for leave to take more than five (5) Depositions of non-party, non-expert witnesses (clerk) (Entered: 01/24/2000)

01/21/2000 179 MOTION For Expansion of Certified Class and Certification of Section 11 Sub-Class by pltfs. (clerk) (Entered: 01/27/2000)

01/21/2000 180 MEMORANDUM Of Law by Robin Switzenbaum, NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Steven Blank, Jacob H. Freiman, David L. Bromley, David Benjamin, Charles Fiermonte Jr., Edward P. McCloskey, Rebecca Neiss, Michael F. Cafferty, Terence Byrne, Bert G. Larson, Barbara Eisenberg, Richard M. Lam, Yakov Prager, Kulwant Sandhu, Paul Krieger, Darren Alexander Urman, Harvey Martin in support of [179-1] For Expansion of Certified Class and Certification of Section 11 Sub-Class (clerk) Modified on 02/01/2000 (Entered: 01/27/2000)

01/21/2000 187 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 2/18/00 for [179-1] motion For Expansion of Certified Class and Certification of Section 11 Sub-Class by pltfs. (clerk) (Entered: 02/01/2000)

01/21/2000 188 Consent Order that the defts shall produce, subject to defts' previously served objections, all 112 documents identified in Exhibits A through F of Lead Pltfs' memorandum in support of their motion to compel by 12:00 p.m. on Tuesday, 1/25/00 at the offices of Goodkind, Labaton, Rudoff & Sucharow LLP, 100 Park Avenue, New York, New York, 10017, and it is further ORDERED that the production of these documents does not constitute a waiver of the attorney-client privilege or work product claims asserted by defts in re: [167-1] motion by New York City (Lead Pltfs) to Compel defts to produce documents improperly withheld on the basis of atty client privilege and/or the work product doctrine (See Order for details)( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes (clerk) (Entered: 02/01/2000)

01/27/2000 181 RESPONSE in opposition to [175-1] motion by New York City (Lead Pltfs) to Compel defts to prpoduce documents improperly redacted on the basis of "Sensitivity" and for sanctions [173-1] motion by New York City (Lead Pltfs) to Compel Pricewaterhousecoopers to produce documents improperly redacted (clerk) (Entered: 01/27/2000)

01/27/2000 182 RESPONSE by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in opposition to [173-1] motion by New York City (Lead Pltfs) to Compel Pricewaterhousecoopers to produce documents improperly redacted by New York City (clerk) (Entered: 01/27/2000)

01/28/2000 183 REPLY BRIEF in support by New York City Pension Funds (Lead Pltfs') of [175-1] motion by New York City (Lead Pltfs) to Compel defts to prpoduce documents improperly redacted on the basis of "Sensitivity" and for sanctions (pmil) (Entered: 01/28/2000)

01/28/2000 184 MOTION by New York City Pension Funds to Compel Third Party KPMG,L.L.P. to Produce Davaid Milligan for Deposition (jsol) (Entered: 01/31/2000)

01/28/2000 185 MEMORANDUM by New York City in support of [184-1] motion by New York City Pension Funds to Compel Third Party KPMG,L.L.P. to Produce Davaid Milligan for Deposition (jsol) (Entered: 01/31/2000)

01/28/2000 186 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 2/4/00 for [184-1] motion by New York City Pension Funds to Compel Third Party KPMG,L.L.P. to

Produce Davaid Milligan for Deposition (jsol) (Entered: 01/31/2000)

01/28/2000 189 Consent Order that the Lead Pltfs may take the depositions of Brian Davis and Stanley Kroll (partners at KPMG, LLP), a representative of Merrill Lynch, Pierce, Fenner & Smith, Inc. and a representative of Bear Stearns addition to the five non-party, non-expert depositions permitted by Local Rule 30(I). (See Order for details)( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: Yes (clerk) Modified on 02/14/2000 (Entered: 02/02/2000)

01/28/2000 Minute entry: Mag. Judge Jones. Rpt. Casamo, Tapes 10,11. Matter called and pltfs. motion to compel and for leave to take more than 5 depositions- heard. Consent order to be filed. (dana) (Entered: 02/02/2000)

01/31/2000 190 SUPPLEMENTAL MEMORANDUM by Lead Pltfs New York City Pension Funds in support of [175-1] motion by New York City (Lead Pltfs) to Compel defts to produce documents improperly redacted on the basis of "Sensitivity" (clerk) (Entered: 02/02/2000)

02/01/2000 191 MEMORANDUM by Defendant Orbital Sciences regarding the redaction of documents; RE: [175-1] motion by New York City (Lead Pltfs) to Compel defts to produce documents improperly redacted on basis of "Sensitivity" and for sanctions (LARGE PLEADING) (clerk) Modified on 02/08/2000 (Entered: 02/02/2000)

02/02/2000 192 SECOND SUPPLEMENTAL MEMORANDUM by New York City in support of [184-1] motion by New York City Pension Funds to Compel Third Party KPMG,L.L.P. to Produce Davaid Milligan for Deposition (clerk) (Entered: 02/03/2000)

02/03/2000 193 TRANSCRIPT for dates of 01/14/00 - FILED - WCS (clerk) (Entered: 02/03/2000)

02/03/2000 194 TRANSCRIPT for dates of 01/28/00 - FILED - TRJ (clerk) (Entered: 02/03/2000)

02/03/2000 195 Consent Order that KPMG shall produce David Milligan for deposition by Lead Pltfs at 10:00 a.m. on Saturday, February 12, 2000 at the law office Sidley & Austin, 1722 I Street, NW, Suite 900, Washington, DC 20006. (See Order for details) ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes (clerk) Modified on 06/07/2000 (Entered: 02/08/2000)

02/04/2000 Per PRP chambers motion set for 2/4/00 resolved per counsel (clerk) (Entered: 02/04/2000)

02/08/2000 196 Reply by New York City Pension Funds to [191-1] memorandum regarding the redaction of documents by Orbital Sciences (clerk) Modified on 02/15/2000 (Entered: 02/15/2000)

02/10/2000 203 Consent Order that the defts shall file and serve their opposition brief to the Motion for Class Certification by 5:00 p.m. on 2/14/00, by hand delivery; ORDERED that the Lead Pltfs shall file and serve their reply to the defts' opposition brief by 5:00 p.m. on 2/22/00, by hand-delivery; ORDERED that oral argument shall be heard at 10:00 a.m. on Friday, 2/25/00. (See Order for details) ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (clerk) (Entered: 02/17/2000)

02/10/2000 Deadline updated; Motion Hearing Deadline set for 10:00 2/25/00 for [179-1] motion For Expansion of Certified Class and Certification of Section 11 Sub-Class

by pltfs. (pmil) (Entered: 02/18/2000)

02/11/2000 197 MEMORANDUM OPINION and ORDER - FILED - Because no protective order covering confidential materials has been agreed to in this action, access to the documents shall be restricted to Lead Pltf's counsel and counsel's employees until such a protective order has been entered. ( signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes (clerk) Modified on 02/15/2000 (Entered: 02/15/2000)

02/11/2000 197 ORDER (together with memorandum opinion) granting [175-1] motion by Lead Pltfs to Compel defts to produce documents improperly Redacted the Basis of Sensitivity, and the documents in issue shall be produced in unredacted form not later than 2/16/00, granting [173-1] motion by Lead Pltfs to Compel Pricewaterhousecoopers to produce documents improperly Redacted, and the documents in issue shall be produced in unredacted form not later than 2/16/00. (See Order for details) ( signed by Magistrate Judge Thomas R. Jones Jr. Copies Mailed: yes [EOD Date: 2/15/00] (clerk) (Entered: 02/15/2000)

02/11/2000 198 MOTION by Harvey Martin to Amend the Caption to reflect that Harvey Martinis Acting in his capacity as Trustee of the Harvey Martin Revocable Trust (clerk) (Entered: 02/16/2000)

02/11/2000 199 MEMORANDUM by Harvey Martin in support of [198-1] motion by Harvey Martin to Amend the Caption to reflect that Harvey Martinis Acting in his capacity as Trustee of the Harvey Martin Revocable Trust (clerk) (Entered: 02/16/2000)

02/11/2000 200 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 2/25/00 for [198-1] motion by Harvey Martin to Amend the Caption to reflect that Harvey Martinis Acting in his capacity as Trustee of the Harvey Martin Revocable Trust (clerk) (Entered: 02/16/2000)

02/14/2000 201 RESPONSE by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in opposition to [179-1] motion For Expansion of Certified Class and Certification of Section 11 Sub-Class by pltfs. (Large pleading) (clerk) (Entered: 02/16/2000)

02/15/2000 202 RESPONSE by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone to [198-1] motion by Harvey Martin to Amend the Caption to reflect that Harvey Martinis Acting in his capacity as Trustee of the Harvey Martin Revocable Trust (clerk) (Entered: 02/16/2000)

02/18/2000 205 JOINT MEMORANDUM by Harvey Martin, David R. Thompson, Jeffrey V. Pirone, Orbital Sciences in support of Consent Order submitted on 2/17/00. (clerk) (Entered: 02/23/2000)

02/22/2000 204 REPLY MEMORANDUM in support by New York City, Harvey Martin of [179-1] motion For Expansion of Certified Class and Certification of Section 11 Sub-Class by pltfs. (Large pleading) (clerk) (Entered: 02/22/2000)

02/22/2000 206 Consent Order that the Lead Pltfs and Pltf Harvey Martin shall make the required disclosures from their accounting expert(s) and damages expert(s) by 4/5/00, and that defts shall make their expert accounting and damages disclosures by 4/24/00, and that the Lead Pltfs and Martin shall make their rebuttal expert(s) accounting and damages disclosures by 5/5/00, and that all expert disclosures shall be

delivered by hand-delivery or by facsimile on the dates specified in this Consent Order; and IT IS FURTHER ORDERED that the discovery cut-off dates shall be 4/14/00 for all fact witnesses, and 5/10/00 for all expert witnesses; and IT IS FURTHER ORDERED that the parties shall exchange trial exhibits and witness lists on or before 5/12/00. (See Order for details) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (clerk) (Entered: 02/25/2000)

02/23/2000 208 Consent Order that a sub-class is hereby established to consist of all individuals and entities who purchased Orbital common stock in the Secondary Offering on 4/15/98; and; ORDERED that pltf Harvey Martin, Trustee is designated class representative of the foregoing sub-class; and ORDERED that Goodkind Labaton Rudoff & Sucharow LLP and Shepheard & Geller LLC shall serve as counsel for the foregoing sub-class; and ORDERED that nothing contained in this order shall be deemed to prejudice the arguments of pltfs or defts with respect to pltfs' motion concerning the Expanded Rule 10b-5 Class and the Court shall issue a ruling with respect to pltfs' contested motion to expand that class based onthe papers submitted by the parties and the oral hearing scheduledto be held on 2/25/00 (unless the Court determines to dispense with that oral hearing); and ORDERED that the Motion to Amend is granted, and pltfs shall file an Amended Complaint within five business days of this Order which shall refer to pltf "Harvey Martin as Trustee of the Harvey Martin Revocable Trust. (See Order for details) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (clerk) Modified on 03/24/2000 (Entered: 03/23/2000)

02/25/2000 Minute entry before Judge Cacheris (Rptr: R. Hopchas). Appearances of counsel. Motion for expansion of certified class - argued - taken under advisement. Motion to amend the caption - argued - granted. (dper) Modified on 02/29/2000 (Entered: 02/29/2000)

02/25/2000 207 ORDER, for reasons stated in open court, it is accordingly ordered that: 1) the pretrial conference in this matter is cont'd from 3/16/00 to 5/18/00 at 1:20 p.m. The parties have to conduct a mandatory settlement conference before a magistrate judge of this court during the month of April, 2000. Counsel shall contact the court prior to 5/18/00 for an additional pre-trial conference. (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 2/29/00] (dper) Modified on 02/29/2000 (Entered: 02/29/2000)

02/25/2000 Pre-Trial Conference set at 1:20 5/18/00. (dper) (Entered: 02/29/2000)

03/23/2000 209 MEMORANDUM OPINION - FILED ( signed by Judge James C. Cacheris ) Copies Mailed: yes (clerk) (Entered: 03/24/2000)

03/23/2000 210 ORDER, for the reasons stated in the Memorandum Opinion filed this day, granting [198-1] motion by Harvey Martin to Amend the Caption to reflect that Harvey Martin is Acting in his capacity as Trustee of the Harvey Martin Revocable Trust, granting [179-1] motion For Expansion of Certified Class Certification of Section 11 Sub-Class by pltfs. (signed Judge James C. Cacheris ) Copies Mailed: yes [EOD Date: 3/24/00] (clerk) (Entered: 03/24/2000)


03/28/2000 212 THIRD REVISED CONSOLIDATED CLASS ACTION COMPLAINT by pltfs; jury demand; pursuant to Order issued 3/23/00 to change Caption, to reflect that

Harvey Martin as Trustee of the Harvey Martin Revocable Trust (LARGE PLEADING). (clerk) Modified on 03/31/2000 (Entered: 03/31/2000)

04/06/2000 213 UNOPPOSED MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Limited Extension of Two Discovery Deadlines (clerk) (Entered: 04/06/2000)

04/06/2000 214 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 4/14/00 for [213-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Limited Extension of Two Discovery Deadlines (clerk) (Entered: 04/06/2000)

04/07/2000 215 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike the "Expert Statement" of Willard T. Carleton (clerk) (Entered: 04/10/2000)

04/07/2000 216 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [215-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike the "Expert Statement" of Willard T. Carleton (clerk) (Entered: 04/10/2000)

04/07/2000 217 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 4/14/00 for [215-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike the "Expert Statement" of Willard T. Carleton (clerk) (Entered: 04/10/2000)

04/07/2000 218 RESPONSE TO THIRD REVISED Consolidated Class Action by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone Complaint (clerk) (Entered: 04/10/2000)

04/11/2000 219 ORDER granting [213-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Limited Extension of Two Discovery Deadlines; ORDERED that the fact discovery deadline shall be 4/28/00 and pltf's shall have until 5/17/00 to provide their expert witnesses' rebuttal reports. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes [EOD Date: 4/11/00] (clerk) (Entered: 04/11/2000)

04/12/2000 220 MEMORANDUM by New York City, Harvey Martin in opposition to [215-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike the "Expert Statement" of Willard T. Carleton (clerk) (Entered: 04/12/2000)

04/12/2000 221 ORDER denying [215-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to Strike the "Expert Statement" of Willard T. Carleton ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes [EOD Date: 4/14/00] (clerk) (Entered: 04/14/2000)

04/14/2000 222 MOTION by New York City with respect to dissemination of Notice of Pendencey (clar) (Entered: 04/17/2000)

04/14/2000 223 MEMORANDUM by New York City in support of [222-1] motion by New York City for the approval of publication of Notice of Pendencey (clar) (Entered: 04/17/2000)

04/14/2000 224 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 4/21/00 for [222-1] motion by New York City with respect to dissemination of Notice of Pendencey (clar) (Entered: 04/17/2000)

04/19/2000 225 Response by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone to [222-1]

motion by New York City with respect to dissemination of Notice of Pendencey (clar) (Entered: 04/19/2000)

04/20/2000 226 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 4/28/00 for [222-1] motion by New York City with respect to dissemination of Notice of Pendencey (clar) (Entered: 04/20/2000)

04/24/2000 227 REPLY MEMORANDUM in support by New York City, Harvey Martin of [222-1] motion by New York City with respect to dissemination of Notice of Pendencey (clerk) (Entered: 04/25/2000)

04/26/2000 228 UNOPPOSED MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for limited Extension of Two Discovery Deadlines and the Date for Exchange of Witness and Exhibit Lists (clerk) (Entered: 04/27/2000)

04/28/2000 Minute entry: befoe Judge Cacheris (r: Joseph Inabnet) Appearances of counsel. Matter on for motion by deft NYC re: dissemination of Notice of Pendency - argued & granted. Proposed Order ent. & filed in open court. (Pretrial matters discussed - Order to follow). (dper) (Entered: 04/28/2000)

04/28/2000 229 ORDER With Respect to Class Notice: [222-1] motion by New York City with respect to dissemination of Notice of Pendencey is granted as follows: 1) Notice in the form attached is approved; 2) mailing process shall be directed by an outside agency utilized by Orbital in ordinary course of business; 3) final postmark date for request for exclusion shall be 75 days from the date of this Order; 4) the Court finds that Notice as provided herein is "the best practicable". See Order for details. (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 4/28/00] (dper) (Entered: 04/28/2000)

04/28/2000 230 ORDER, for reasons stated in open Court, Pretrial conference is set on 6/15/00 at 10:00 a.m. Memoranda regarding issues to be raised shall be filed by 6/5/00 and rebuttal memo due by 6/12/00. (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 4/28/00] (dper) (Entered: 04/28/2000)

04/28/2000 Pre-Trial Conference set at 10:00 6/15/00. (dper) (Entered: 04/28/2000)

04/28/2000 Deadline updated; set Pretrial Conference for 10:00 6/15/00 (clerk) (Entered: 05/26/2000)

05/02/2000 231 ORDER granting [228-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for limited Extension of Two Discovery Deadlines and the Date for Exchange of Witness and Exhibit Lists; ORDERED that the deadline for fact discovery be and it hereby is enlarged by 17 days, from 4/28/00 until 5/15/00; and the deadline for expert discovery be and it hereby is enlarged by 16 days, from 5/10/00 to 5/26/00; and the deadline for the exchange of trial witness and exhibit lists be and it hereby is enlarged by 20 days, from 5/12/00 to 6/1/00. ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes [EOD Date: 5/5/00] (clerk) (Entered: 05/05/2000)

05/12/2000 232 MOTION to Quash by non-parties KPMG LLP and David Milligan pltfs' subpoena for third deposition of Mr. Milligan , and for Protective Order (clerk) (Entered: 05/12/2000)

05/12/2000 233 MEMORANDUM in support of [232-1] motion to Quash by non-parties KPMG

LLP and David Milligan pltfs' subpoena for third deposition of Mr. Milligan, [232-2] motion for Protective Order (clerk) (Entered: 05/12/2000)

05/12/2000 234 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 5/19/00 for [232-1] motion to Quash by non-parties KPMG LLP and David Milligan pltfs' subpoena for third deposition of Mr. Milligan, set for 10:00 5/19/00 for [232-2] motion for Protective Order (clerk) (Entered: 05/12/2000)

05/17/2000 235 RESPONSE by New York City in opposition to [232-1] motion to Quash by non-parties KPMG LLP and David Milligan pltfs' subpoena for third deposition of Mr. Milligan (clerk) (Entered: 05/18/2000)

05/18/2000 Pre-Trial Conference held; Judge Hilton. Appearances of counsel. Case set for trial by JURY on 7/19/00. Filing date for pltf's and deft's witness and exhibit list extended to 6/1/00 by AVB's 5/2/00 Order. (clerk) (Entered: 05/26/2000)

05/18/2000 Jury Trial set at 10:00 7/19/00 (clerk) (Entered: 05/26/2000)

05/19/2000 Minute entry: Magistrate Judge Poretz (Tape 227, 228) Reporter: Casamo & Assoc. Appearances: Counsel for Pltf. & Deft. This matter came on for Non-parties KPMG LLP and David Milligan's Motion to quash Pltfs. subpoena for thirddeposition of Mr. Milligan and for entry of a Protective Order - Matter argued and Denied. Order to be entered. (jsch) (Entered: 05/19/2000)

05/19/2000 236 ORDER denying [232-1] motion to Quash by non-parties KPMG LLP and David Milligan pltfs' subpoena for third deposition of Mr. Milligan denying [232-2] motion for Protective Order For reasons stated from the bench, it is ORDERED Non-Parties KPMG LLP and David Milligan's Motion to Quash Plaintiff's Subpoena for Third Deposition of Mr. Milligan and for Entry of a Protective Order is DENIED. (signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: y [EOD Date: 5/19/00] (jsch) (Entered: 05/19/2000)


06/01/2000 239 Consent Order that lists of witnesses to be called at trial, a list of exhibits to be used at trial and all other disclosures required FRCP 26(a) as well as copies of the exhibits shall be exchanged by the parties on 6/14/00; objections to exhibits shall be filed by 6/26/00, otherwise the exhibits shall stand admitted in evidence; designations of deposition testimony intended to be presented at trial shall be exchanged by the parties on 6/14/00; counter-designations of deposition testimony which a party believes in fairness ought to be considered at trial shall be exchanged on 6/26/00; objections to designations and counter-designations of deposition testimony to be used at trial shall be filed and served on or before 7/5/00. (See Order for details) ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (clerk) (Entered: 06/02/2000)

06/02/2000 240 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences to extend page limit for summary judgment brief (clerk) (Entered: 06/05/2000)

06/02/2000 241 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 6/9/00 for [238-1] joint motion by Orbital Sciences and Robin Switzenbaum of Non-Parties KPMG LLP and David P. Milligan to set Deposition of Mr. Milligan (clerk) (Entered: 06/05/2000)

06/02/2000 238 JOINT MOTION by Non-Parties KPMG LLP and David P. Milligan to set Deposition of Mr. Milligan (clerk) (Entered: 06/14/2000)

06/05/2000 Consent Order granting [238-1] joint motion by Orbital Sciences and Robin Switzenbaum of Non-Parties KPMG LLP and David P. Milligan to set Deposition of Mr. Milligan; ORDERED that Mr. Milligan shall appear for deposition on or before Thursday, 6/8/00 at the law office of Sidley & Austin, 1722 I Street, N.W., Suite 600, Washington, DC 20006. ( signed by Judge James C. Cacheris ) Copies Mailed: yes (clerk) Modified on 06/07/2000 (Entered: 06/05/2000)

06/05/2000 243 PRETRIAL MEMORANDUM by pltfs' New York City Pension Funds and Harvey Martin as trustee for the Harvey Martin Revocable Trust Setting Forth Plan for the Trial of this Case (clerk) Modified on 06/07/2000 (Entered: 06/06/2000)

06/05/2000 244 PRETRIAL MEMORANDUM by defts Orbital Sciences Corp., David Thomspon, and Jeffrey Pirone concerning the issues to be tried in this case and other matters pertinent to the 6/15/00 Pre-Trial Conference (clerk) Modified on 06/07/2000 (Entered: 06/06/2000)

06/05/2000 242 Consent Order granting [238-1] joint motion by Non-Parties KPMG LLP and David P. Milligan to set Deposition of Mr. Milligan on or before Thursday, 6/8/00 at the law office of Sidley & Austin, 1722 I Street, N.W., Ste., 600, Washington, DC 2006. ( signed by Judge James C. Cacheris ) Copies Mailed: yes (clerk) Modified on 06/15/2000 (Entered: 06/14/2000)

06/06/2000 245 MOTION by defts Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment FILED UNDERSEAL (clerk) Modified on 06/09/2000 (Entered: 06/07/2000)

06/06/2000 246 BRIEF together with Exhibits by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [245-1] motion by defts Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment Filed UNDERSEAL (LARGE PLEADING) (clerk) Modified on 06/09/2000 (Entered: 06/07/2000)

06/06/2000 247 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 6/30/00 for [245-1] motion by defts Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment; FILED UNDERSEAL (clerk) Modified on 06/09/2000 (Entered: 06/07/2000)

06/08/2000 248 Notice filed by defts Orbital Sciences, David R. Thompson, Jeffrey V. Pirone filing UNDERSEAL [246-1] support memorandum by Jeffrey V. Pirone, David R. Orbital Sciences (clerk) (Entered: 06/09/2000)

06/12/2000 255 Response by defts Orbital Sciences, David R. Thompson, Jeffrey V. Pirone to pltfs' [243-1] pretrial memorandum for the June 15 pretrial conference (clerk) (Entered: 06/15/2000)

06/12/2000 256 Response by pltfs' New York City, Harvey Martin to defts' [244-1] pre-trial memorandum (clerk) (Entered: 06/15/2000)

06/14/2000 249 MOTION by Harvey Martin, New York City for Partial Summary Judgment (with Exhibits/LARGE PLEADING) (clerk) Modified on 06/20/2000 (Entered: 06/15/2000)

06/14/2000 250 MEMORANDUM Of Law by New York City, Harvey Martin in support of [249-1] motion by Harvey Martin, New York City for Partial Summary Judgment (clerk) Modified on 06/20/2000 (Entered: 06/15/2000)

06/14/2000 251 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/7/00 for [249-1] motion by Harvey Martin, New York City for Partial Summary Judgment (clerk) (Entered: 06/15/2000)

06/14/2000 252 Trial Exhibit list by New York City, Harvey Martin (clerk) Modified on 06/15/2000 (Entered: 06/15/2000)

06/14/2000 253 Witness list by lead pltfs' New York City, Harvey Martin (clerk) (Entered: 06/15/2000)

06/14/2000 254 Deposition Designations by plaintiff New York City, plaintiff Harvey Martin (clerk) (Entered: 06/15/2000)

06/15/2000 Submitted Notice to attys of record indicating no Motions on 6/30/00. (Told atty to re-notice) (clerk) (Entered: 06/15/2000)

06/15/2000 Status Conference held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Court to bifurcate liability issues from damages. Jury to be given preliminary instructions as agreed by counsel. Jurors granted leave to ask questions during trial. Deft. requests 2 weeks in which to pursue settlement discussions-Granted. All dispositive motions and motions in limine are to be heard on Monday, July 3, 2000 at 10:00 a.m. (rtra) (Entered: 06/15/2000)

06/15/2000 Hearing Deadline as to Robin Switzenbaum, et al., Orbital Sciences, et al. set 10:00 7/3/00 before Judge Leonie M. Brinkema (rtra) (Entered: 06/15/2000)

06/15/2000 257 ORDERED that on Monday 7/3/00 at 10:00 a.m., oral argument on all dispositive motions and all motions in limine will be held; ORDERED that a mediated settlement conference at the courthouse is tentatively scheduled for Monday, 6/26/00, at 9:00 a.m. (signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/16/00] (clerk) (Entered: 06/16/2000)

06/15/2000 259 Witness list by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (clerk) (Entered: 06/20/2000)

06/15/2000 260 Exhibit list by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (clerk) (Entered: 06/20/2000)

06/16/2000 261 Revised Exhibit list pltfs by New York City Pension Fund, Harvey Martin (clerk) (Entered: 06/26/2000)

06/19/2000 258 Consent Order that the lead pltfs shall file and serve their opposition brief to defts' Motion for Summary Judgment by 5:00 p.m. on 6/22/00, by hand delivery; ORDERED that the defts shall file and serve their reply to the lead pltfs' opposition brief by noon on 6/26/00, by hand delivery; ORDERED that the defts shall file and serve their opposition brief to lead plfts' Motion for Partial Summary Judgment by 5:00 p.m. on 6/26/00, by hand delivery; ORDERED that the lead pltfs shall file and serve their reply to the defts' opposition brief by 5:00 p.m. on 6/29/00, by hand-delivery; ORDERED that both parties shall file and serve any motions in limine by 5:00 p.m. on 6/21/00, by hand delivery; ORDERED that both parties shall file and

serve their opposition brief to the other party's motion in limine by 5:00 p.m. on 6/26/00, by hand delivery; ORDERED that both parties shall file and serve their reply to the other party's opposition brief by 5:00 p.m. on 6/29/00, by hand delivery. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) (Entered: 06/26/2000)

06/20/2000 262 TRANSCRIPT for dates of 06/15/00 - FILED - LMB (clerk) (Entered: 06/21/2000)

06/21/2000 263 MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to Exclude Reference to Restatement Items Beyond those Referred to in the Complaint and Litigated in this Case to Date (jsol) (Entered: 06/22/2000)

06/21/2000 264 MEMORANDUM (BRIEF) by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in support of [263-1] motion by in Limine to Exclude Reference to Restatement Items Beyond those Referred to in the Complaint and Litigated in this Case to Date by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (jsol) (Entered: 06/22/2000)

06/21/2000 265 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/3/00 for [263-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to Exclude Reference to Restatement Items Beyond those Referred to in the Complaint and Litigated in this Case to Date (jsol) (Entered: 06/22/2000)

06/21/2000 266 MOTION by plaintiffs in Limine to Limit Testimony of William H. Beaver to Opinions Disclosed in Expert Reports of September 10, 1999 and April 24, 2000 (jsol) (Entered: 06/22/2000)

06/21/2000 267 MEMORANDUM by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Harvey Martin in support of [266-1] motion by plaintiffs in Limine to Limit Testimony of William H. Beaver to Opinions Disclosed in Expert Reports of September 10, 1999 and April 24, 2000 (jsol) (Entered: 06/22/2000)

06/21/2000 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/3/00 for [266-1] motion by plaintiffs in Limine to Limit Testimony of William H. Beaver to Opinions Disclosed in Expert Reports of September 10, 1999 and April 24, 2000 (jsol) (Entered: 06/22/2000)

06/21/2000 268 MOTION by plaintiffs in Limine to Preclude References to Kurt Kroboth or his Expert Opinions (jsol) (Entered: 06/22/2000)

06/21/2000 269 MEMORANDUM by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Harvey Martin in support of [268-1] motion by plaintiffs in Limine to Preclude References to Kurt Kroboth or his Expert Opinions by plaintiffsssss (jsol) (Entered: 06/22/2000)

06/21/2000 270 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/3/00 for [268-1] motion by plaintiffs in Limine to Preclude References to Kurt Kroboth or his Expert Opinions, set for 10:00 7/3/00 for [266-1] motion by plaintiffs in Limine to Limit Testimony of William H. Beaver to Opinions Disclosed in Expert Reports of September 10, 1999 and April 24, 2000 (jsol) (Entered: 06/22/2000)

06/22/2000 271 MEMORANDUM (w/bound exhibits 1 - 46) by NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund,

Harvey Martin in opposition to [245-1] motion by defts Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment FILED UNDERSEAL (jsol) (Entered: 06/23/2000)

06/26/2000 272 MEMORANDUM OF LAW by New York City, Harvey Martin in opposition to [263-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine to Exclude Reference to Restatement Items Beyond those Referred to in the Complaint and Litigated in this Case to Date (clerk) (Entered: 06/27/2000)

06/26/2000 273 REPLY BRIEF in support by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone of [245-1] motion by defts Jeffrey V. Pirone, David R. Thompson, Orbital Sciences for Summary Judgment (clerk) Modified on 06/27/2000 (Entered: 06/27/2000)

06/26/2000 274 OBJECTIONS by defendant Orbital Sciences, defendant David R. Thompson, defendant Jeffrey V. Pirone to pltfs [261-1] proposed exhibits list (clerk) (Entered: 06/27/2000)

06/26/2000 275 Deposition Counter-Designations by defts Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (clerk) (Entered: 06/27/2000)

06/26/2000 276 BRIEF by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in opposition to [268-1] motion by plaintiffs in Limine to Preclude References to Kurt Kroboth or his Expert Opinions, [266-1] motion by plaintiffs in Limine to Limit Testimony of William H. Beaver to Opinions Disclosed in Expert Reports of September 10, 1999 and April 24, 2000 (clerk) (Entered: 06/27/2000)

06/26/2000 277 MEMORANDUM by Orbital Sciences, David R. Thompson, Jeffrey V. Pirone in opposition to [249-1] motion by Harvey Martin, New York City for Partial Summary Judgment (together with exhibits in large binder) (LARGE PLEADING) (clerk) Modified on 06/27/2000 (Entered: 06/27/2000)

06/26/2000 284 OBJECTIONS by plaintiff New York City, plaintiff Harvey Martin to [260-1] exhibits list to be Offered at Trial by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences (clerk) (Entered: 07/05/2000)

06/26/2000 285 COUNTER-DESIGNATIONS OF DEPOSITION TESTIMONY filed by plaintiff New York City, plaintiff Harvey Martin (clerk) (Entered: 07/05/2000)

06/29/2000 278 MOTION by Non-Party KPMG LLP for Entry of Protective Order (pmil) (Entered: 06/29/2000)

06/29/2000 279 REPLY MEMORANDUM in support by New York City, Harvey Martin of [249-1] motion by Harvey Martin, New York City for Partial Summary Judgment (clerk) (Entered: 06/30/2000)

06/29/2000 280 REPLY MEMORANDUM in support by New York City, Harvey Martin of [268-1] motion by plaintiffs in Limine to Preclude References to Kurt Kroboth or his Expert Opinions by plaintiffsssss, [266-1] motion by plaintiffs in Limine to Limit Testimony of William H. Beaver to Opinions Disclosed in Expert Reports of September 10, 1999 and April 24, 2000 by plaintiffsssss (clerk) (Entered: 06/30/2000)

06/29/2000 281 REPLY MEMORANDUM in support by Orbital Sciences, David R. Thompson,

Jeffrey V. Pirone of [263-1] motion by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences in Limine (clerk) Modified on 06/30/2000 (Entered: 06/30/2000)

06/29/2000 282 REPLY BRIEF by New York City, Harvey Martin of [266-1] motion by plaintiffs in Limine to Limit Testimony of William H. Beaver to Opinions Disclosed in Expert Reports [268-1] motion by plaintiffs in Limine to Preclude References to Kurt Kroboth or his Expert Opinions (clerk) (Entered: 06/30/2000)

07/05/2000 283 ORDERED that the jury trial set for Wednesday, July 19, 2000, will not go forward as scheduled and that this case be and is removed from the Court's active docket. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 07.05.00 [EOD Date: 7/5/00] (rtra) (Entered: 07/05/2000)

07/05/2000 286 ORDER denying [278-1] motion by Non-Party KPMG LLP for Entry of Protective Order; KPMG may want to reapproach the parties about how the documents are to be handled privately. (See Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 7/5/00] (clerk) (Entered: 07/05/2000)


07/28/2000 288 Consent Order that the Stipulation of Settlement shall be filed by 8/4/00 and the Clerk of the Court is directed to file this Order under seal ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) (Entered: 08/03/2000)

08/10/2000 289 ORDERED that parties submit the final proposed settlement agreement to the Court no later than Thursday, August 24, 2000 at 5:00 p.m. If a hearing should be necessary for arguement on objections to the proposed settlement agreement, then the matter will be referred to another judge of this court for resolution. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 08.10.00 [EOD Date: 8/10/00] (rtra) (Entered: 08/10/2000)

08/24/2000 290 Stipulations of Settlement by lead pltf New York City Pension Fund and Harvey Martin as Trustee, and defts Orbital Sciences, David R. Thompson, Jeffrey V. Pirone (LARGE PLEADING) (clerk) Modified on 09/11/2000 (Entered: 08/31/2000)

09/07/2000 291 Consent Order a hearing (the Settlement Hearing) shall be held before this Court on 12/13/00 at 9:00 a.m. in the United States District Court for the Eastern District of VA. (See Order for details) (LARGE PLEADING) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) Modified on 09/12/2000 (Entered: 09/11/2000)

09/07/2000 Settlement Hearing Deadline as to Robin Switzenbaum, Orbital Sciences, David R. Thompson, Jeffrey V. Pirone, New York City, Harvey Martin set 9:00 12/13/00 before Judge Leonie M. Brinkema (clerk) (Entered: 09/11/2000)

11/27/2000 292 MEMORANDUM of Law by Robin Switzenbaum, NYC Empl Retirement, NYC Fire Dept Pnsn, NYC Bd Educ Rtrmnt, NYC Pol Spr Ofcr, NYC Firefghtr Fund, Steven Blank, Jacob H. Freiman, David L. Bromley, David Benjamin, Charles Fiermonte Jr., Edward P. McCloskey, Rebecca Neiss, Michael F. Cafferty, Terence Byrne, Bert G. Larson, Barbara Eisenberg, Richard M. Lam, Yakov Prager, Kulwant Sandhu, Paul Krieger, Darren Alexander Urman, Harvey Martin in support of final approval of settelement (Together with application for award of

atty's fees and reimbursement of expenses) (clerk) (Entered: 11/27/2000)

11/27/2000 292 APPLICATION by Lead Counsel for an award of attorney's fees and reimbursement of expenses (Together with pltf's memorandum of law in support of final approval of settlement) (clerk) (Entered: 11/27/2000)

11/27/2000 Motion hearing re: [292-1] motion by Lead Counsel for an award of attorney's fees and reimbursement of expenses set at 9:00 12/13/00 (set per LMB chambers) (clerk) Modified on 11/28/2000 (Entered: 11/27/2000)

11/27/2000 293 COMPENDIUM AFFIDAVITS of pltf's Counsel in support of [292-1] motion by Lead Counsel for an award of attorney's fees and reimbursement of expenses (LARGE PLEADING) (clerk) Modified on 11/28/2000 (Entered: 11/27/2000)

11/27/2000 294 AFFIDAVIT of Jonathon M. Plasse in support of Final Approval of Settlement and [292-1] motion by Lead Counsel for an award of attorney's fees and reimbursement of expenses (LARGE PLEADINGS) (clerk) Modified on 11/28/2000 (Entered: 11/27/2000)

12/08/2000 295 SUPPLEMENTAL MEMORANDUM by Sec & Exchg Comm, Harvey Martin (Lead Pltfs) in support of Final Approval of Settlement and [292-1] application by Lead Counsel for an award of attorney's fees and reimbursement of expenses (clerk) Modified on 12/12/2000 (Entered: 12/12/2000)

12/12/2000 296 SECOND SUPPLEMENTAL MEMORANDUM by New York City, Harvey Martin (Lead Pltfs) in support of Final Approval of Settlement and [292-1] motion by Lead Counsel for an award of attorney's fees and reimbursement of expenses (clerk) (Entered: 12/13/2000)

12/13/2000 Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter came on for final approval of settlement agreement. No objections filed. Proposed Order for Judgement and Atty's fees entered and filed. (rtra) (Entered: 12/13/2000)

12/13/2000 297 ORDER AND FINAL JUDGMENT This Court hereby ORDERS, CONCLUDES, ADJUDGES AND DECREES that this Order is binding on all members of the Class and SubClass as described in the Court's Order of March 23, 2000, excluding all persons who filed a request to be excluded from the Class by July 12, 2000, pursuant to Rule 23(c)(2) of the Federal Rules of Civil Procedure. Entry of final judgment and final approval of the Settlement will settle(i) all claims alledged in the action between Plaintiffs, the Class and the SubClass, on the one hand, and Defendant on the other; and (ii) all Released Claims as defined in the Stipulation; it is further ORDERED that the Stipulation and proposed Settlement is hereby approved and shall be consummated in accordance with the terms and provisions thereof. The third Revised Consolidated Class Action Complaint is hereby dismissed in its entirety on its merits, with prejudice, and without costs to any party, and Plaintiffs, members of the Class, and members of the SubClass, fully, finally, and forever release, relinquish and discharge the Released Parties of all Released Claims. [SEE ORDER FOR DETAILS] ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 12.13.00 [EOD Date: 12/13/00] (rtra) (Entered: 12/13/2000)

12/13/2000 298 ORDER granting [292-1] motion by Lead Counsel for an award of attorney's fees

and reimbursement of expenses. ORDERED that Plaintiffs' Counsel are hereby awarded attorney's fees of $3,375,000.00 and shall receive an additional $1,433,817.53 as reimbursement for litigation expenses incurred in the prosecution of this action, which amounts are to be paid from the Settlement Fund in accordance with the terms of the Stipulation. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 12.13.00 [EOD Date: 12/13/00] (rtra) (Entered: 12/13/2000)

12/13/2000 CASE assigned to Judge Leonie M. Brinkema (rtra) (Entered: 12/13/2000)

12/13/2000 Case closed (rtra) (Entered: 12/13/2000)

12/21/2000 299 TRANSCRIPT for dates of 12/13/00 (LMB) - filed. (clerk) (Entered: 12/22/2000)

02/06/2001 300 MOTION by David N. Bryman and Paula Bryman for consideration of late filed claim (clerk) (Entered: 02/07/2001)

02/07/2001 301 ORDER, Two stockholders have filed a Motion for Consideration of Late Claim seeking leave of Court to submit their claims which appear to involve a total of 140 shares of eligible stock. Over their notarized signatures, claimants have stated that they did not receive the Notice of Pendency and Settlement of Class Action until Jan. 2001, and thereby missed the 1/05/01, filing deadline. Unless the Court receives any objection from the parties to the settlement within ten days, it will grant the claimants' motion. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 2/12/01] (clerk) (Entered: 02/12/2001)

02/16/2001 302 MEMORANDUM IN SUPPORT by New York City Pension Funds of the [301-1] Court's order dated 2/7/01 regarding late filed claims (clerk) (Entered: 02/16/2001)

02/20/2001 303 ORDER that [300-1] motion by David N. Bryman and Paula Bryman for consideration of late filed claim be and is GRANTED and their claim is deemed timely filed. (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 2/20/01] (clerk) (Entered: 02/20/2001)

03/26/2001 304 JOINT MOTION by Jeffrey V. Pirone, David R. Thompson, Orbital Sciences, Harvey Martin, New York City to Amend [290-1] stipulation of settlement (clerk) (Entered: 03/26/2001)

03/29/2001 305 Consent Order that the parties are granted leave to amend the Stipulation of Settlement entered into on 8/24/00 so as to amend the Registration Agreement in the manner annexed hereto as Exhibit 1. (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) (Entered: 03/30/2001)

08/10/2001 306 MOTION by Harvey Martin, New York City to Authorize Final Distribution of Settlement Funds, Inclusion of Late Claims, Payment of Fees for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities (clerk) (Entered: 08/13/2001)

08/10/2001 307 MEMORANDUM by New York City, Harvey Martin in support of [306-1] motion by Harvey Martin, New York City to Authorize Final Distribution of Settlement Funds, Inclusion of Late Claims, Payment of Fees for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities (clerk) (Entered: 08/13/2001)

08/10/2001 308 AFFIDAVIT of Louis Gottlieb in support of [306-1] motion by Harvey Martin,

New York City to Authorize Final Distribution of Settlement Funds, Inclusion of Late Claims, Payment of Fees for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities (LARGE PLEADING) (clerk) (Entered: 08/13/2001)

08/10/2001 309 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/24/01 for [306-1] motion by Harvey Martin, New York City to Authorize Final Distribution of Settlement Funds, Inclusion of Late Claims, Payment of Fees for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities (clerk) (Entered: 08/13/2001)

08/24/2001 Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties re: [306-1] motion by Harvey Martin, New York City to Authorize Final Distribution of Settlement Funds, Inclusion of Late Claims, Payment of Fees for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities-Proposed Order tendered to the Court, Order to enter. (rtra) (Entered: 08/27/2001)

08/24/2001 310 ORDER granting [306-1] motion by Harvey Martin, New York City to Authorize Final Distribution of Settlement Funds, Inclusion of Late Claims, Payment of Fees for Claims Administration, and Establishment of Reserve for Potential Tax Liabilities [SEE ORDER FOR DETAILS] ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 08.24.01 [EOD Date: 8/27/01] (rtra) (Entered: 08/27/2001)

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