US District Court Civil Docket as of 04/19/2005 Retrieved from the court on Wednesday, May 11, 2005

U.S. District Court

Middle District Of Tennessee (Nashville)

CIVIL DOCKET FOR CASE #: 99-CV-655

Katt, et al v. Titan Acquisitions, et al

Filed: 07/27/99 Assigned to: Judge Robert L. Echols

Jury demand: Both Demand: $0,000

Nature of Suit: 850 Lead Docket: None

Jurisdiction: Federal Question Dkt# in other court: None

Cause: 15:78m(a) Securities Exchange Act

LOWELL KATT, on behalf of Stanley M. Chernau himself and all others [COR NTC] similarly situated Linda F. Burnsed pltf [COR] Chernau, Chaffin & Burnsed, PLLC SunTrust Center 424 Church Street Suite 1750 Nashville, TN 37219 (615) 244-5480 George Edward Barrett [COR LD NTC] Barrett, Johnston & Parsley 217 Second Avenue, N Nashville, TN 37201 (615) 244-2202 Steven E. Cauley [COR NTC] Cauley, Geller, Bowman & Coates, LLP P O Box 25438 Little Rock, AR 72221-5438 (501) 312-8500 Darren J. Robbins [COR] Mark Solomon

[COR] Randall J. Baron [COR NTC] William S. Lerach Fax (619) 231-7423 [COR] Douglas R. Britton [COR] Rajesh A. Mandlekar [COR LD] David A. Thorpe [COR LD] Shawn M. Hays [COR LD] Patrick J. Coughlin [COR LD] Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 401 B Street Suite 1700 San Diego, CA 92101 (619) 231-1058 Roger Mark Adelman [COR LD NTC] 1100 Connecticut Avenue, NW Washington, DC 20036 (202) 822-0600 RON L. BAUGHMAN George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC]

KENT BOYSEN George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC] DARYL R. COOK George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above)

[COR LD] Roger Mark Adelman (See above) [COR LD NTC] GARY L. EXNER George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC] HAROLD P. EXNER George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays

(See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC] MARK J. LINSTROTH George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC] MARY J. LINSTROTH George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above)

[COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC] RUSSELL - SMITH George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD] Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC] JONATHAN SLEEPER George Edward Barrett pltf (See above) [COR LD NTC] Mark Solomon (See above) [COR] Randall J. Baron (See above) [COR LD NTC] William S. Lerach (See above) [COR LD]

Douglas R. Britton (See above) [COR] Rajesh A. Mandlekar (See above) [COR LD] David A. Thorpe (See above) [COR LD] Shawn M. Hays (See above) [COR LD] Patrick J. Coughlin (See above) [COR LD] Roger Mark Adelman (See above) [COR LD NTC] v. TITAN ACQUISITIONS, LTD. Nancy S. Jones deft [COR] Bass, Berry & Sims 315 Deaderick Street Suite 2700 Nashville, TN 37238-0002 (615) 742-6200 Ames Davis [COR] Mark H. Wildasin [COR LD NTC] Waller, Lansden, Dortch & Davis Nashville City Center 511 Union Street Suite 2100 Nashville, TN 37219 (615) 244-6380 Richard V. Conza Fax (212) 225-3999 [COR LD NTC] Richard F. Ziegler [COR LD NTC] David E. Brodsky [COR LD NTC] Justin S. Anand [COR] Cleary, Gottlieb, Steen & Hamilton One Liberty Plaza New York, NY 10006-1470 (212) 225-2000 David M. Meisels [COR LD NTC] Herrick, Feinstein LLP 2 Penn Plaza Newark, NJ 07105-2245

UNITED TECHNOLOGIES Nancy S. Jones CORPORATION (See above) deft [COR] Mark H. Wildasin (See above) [COR LD NTC] Richard V. Conza (See above) [COR LD NTC] Richard F. Ziegler (See above) [COR LD NTC] David E. Brodsky (See above) [COR LD NTC] Justin S. Anand (See above) [COR] David M. Meisels (See above) [COR LD NTC] WILLIAM TRACHSEL Nancy S. Jones deft (See above) [COR] Mark H. Wildasin (See above) [COR LD NTC] Richard V. Conza (See above) [COR LD NTC] Richard F. Ziegler (See above) [COR LD NTC] David E. Brodsky (See above) [COR LD NTC] Justin S. Anand (See above) [COR] David M. Meisels (See above) [COR LD NTC] ARI BOUSBIB Nancy S. Jones deft (See above) [COR] Mark H. Wildasin (See above) [COR LD NTC] Richard F. Ziegler (See above)

[COR LD NTC] David E. Brodsky (See above) [COR LD NTC] Justin S. Anand (See above) [COR] David M. Meisels (See above) [COR LD NTC] ANGELO J. MESSINA Nancy S. Jones deft (See above) [COR] Mark H. Wildasin (See above) [COR LD NTC] GILLES A.H. RENAUD Nancy S. Jones deft (See above) [COR] Mark H. Wildasin (See above) [COR LD NTC] DAVID J. FITZPATRICK Nancy S. Jones deft (See above) [COR] Mark H. Wildasin (See above) [COR LD NTC]

DOCKET PROCEEDINGS

DATE # DOCKET ENTRY

7/27/99 1 COMPLAINT w/ attachment (Summons(es) issued) Filing fee paid in the amount of : $150 Receipt # 69688 (af) [Entry date 07/29/99] 7/27/99 2 NOTICE of Initial Case Management Conference Case referred to Magistrate Judge William J. Haynes Jr., ; Case Management Conference set for 9:00 9/7/99 (af) [Entry date 07/29/99]

8/13/99 -- PROPOSED Agreed Order resetting ICMS (lah) 8/16/99 3 AGREED ORDER by Magistrate Judge William J. Haynes Jr.: Case Management Conference scheduled for 9/7/99 is rescheduled for 9/22/99 at 3:00; Case Management Conference reset for 3:00 9/22/99; defts shall have until 9/22/99 to answer or otherwise respond to the Complaint. (cc: all counsel) EOD 8/16/99 (lah) 8/31/99 4 RETURN OF SERVICE executed upon deft United Technologies on 8/2/99 by personal service. (lah) 8/31/99 5 RETURN OF SERVICE executed upon deft Titan Acquisitions on 8/2/99 by personal service. (lah) 8/31/99 6 RETURN OF SERVICE executed upon deft William Trachsel on 8/2/99 by personal service. (lah) 8/31/99 7 RETURN OF SERVICE executed upon deft Ari Bousbib on 8/2/99 by personal service. (lah) 9/21/99 8 MOTION by defts to dismiss (lah) [Entry date 09/22/99] 9/21/99 9 MEMORANDUM OF LAW by defts in support of motion to dismiss [8-1] (lah) [Entry date 09/22/99] 9/21/99 10 AFFIDAVIT(declaration) of Nancy S. Jones re [8-1] (w/attached exhibits A-J) (lah) [Entry date 09/22/99] 9/22/99 -- PROPOSED Case Management Order (lah) [Entry date 09/23/99] 9/27/99 11 MOTION by ICP pltfs group for appointment of lead pltfs and for appointment of lead counsel (w/attached proposed order) (lah) [Entry date 09/28/99] 9/27/99 12 MEMORANDUM OF POINTS AND AUTHORITIES by ICP pltfs in support of motion for appointment of lead pltfs and for appointment of lead counsel [11-1] (lah) [Entry date 09/28/99] 9/27/99 13 AFFIDAVIT of Darren J. Robbins re [11-1] (w/attached exhibits A-K) (lah) [Entry date 09/28/99] 9/28/99 14 CLERK'S RESUME Case Management Conference held 9/28/99 (lah) [Entry date 09/29/99] 9/30/99 15 CASE MANAGEMENT ORDER by Magistrate Judge William J. Haynes Jr.: If deft's motion to dismiss is denied, the defts shall

respond to discovery requests within 21 days of the entry of the Order denying the motion to dismiss. Defts shall have 30 days from the entry of the Order denying the motion to dismiss to file an answer to complaint. Pltfs shall have 30 days from the entry of the Order denying the motion to dismiss to move for class certification. All fact discovery shall be completed within 8 months from the entry of the Order denying the motion to dismiss. All dispositive motions shall be filed within 30 days following the close of discovery. (cc: all counsel) EOD 10/1/99 (lah) [Entry date 10/01/99] 10/4/99 -- PROPOSED Case Management Order (lah) [Entry date 10/05/99] 10/15/99 16 INITIAL CASE MANAGMENT PLAN AND ORDER by Magistrate Judge William J. Haynes Jr.: lead pltf motions shall be filed by 9/27/99; pltfs shall file their response to motion to dismiss [8-1] by 10/25/99; defts reply due 11/15/99; If mtn to dismiss is denied, discovery shall be conducted within 21 days of the entry of the order denying the motion to dismiss; defts shall have 15 days from the entry of the order denying the motion to dismiss to file an answer to complaint; pltfs shall have 30 days from the entry of the order denying the motion to dismiss to move for class certification; all fact discovery shall be completed within 8 months from the entry of the order ruling on pltf's class certification motion; all dispositive motioins shall be filed within 30 days following the close of discovery; prior case manangement order is vacated. (cc: all counsel) EOD 10/18/99 (lah) [Entry date 10/18/99] 10/25/99 17 MEMORANDUM OF LAW by ICP pltfs group to motion to dismiss [8-1] (w/attachments) (lah) [Entry date 10/26/99] 11/2/99 18 NOTICE of Filing of Exhibit (c)(1) to the Schedule 14D-1 by pltf Lowell Katt (lah) 11/15/99 19 REPLY MEMORANDUM by defts to pltf's response to motion to dismiss [8-1] (lah) [Entry date 11/16/99] 11/15/99 20 AFFIDAVIT of Nancy S. Jones re [19-1] (w/attached exhibit A) (lah) [Entry date 11/16/99] 12/15/99 21 ORDER by Judge Robert L. Echols: Per appointment of Judge Haynes as US District Judge, this case is reassigned to Magistrate Judge Joe B. Brown. All scheduled ddls will remain in effect. (cc: all counsel) EOD 12/15/99 (lah) 12/28/99 22 ORDER by Judge Robert L. Echols Pursuant to the division of the docket upon the appointment of Judge Haynes as US District Judge,this case is reassigned to Judge William J. Haynes Jr. (cc: all counsel) EOD 1/4/00 (lah) [Entry date 01/04/00]

2/16/00 23 NOTICE of Filing by pltf in support of pltfs' opposition to deft's motion to dismiss (w/attached exhibit A) (lah) [Entry date 02/17/00] 3/23/00 24 NOTICE by pltf of filing document in support of pltf's opposition to defts' motions to dismiss; w/attached exhibit A (tlc) [Entry date 03/24/00] 4/4/00 25 RESPONSE by deft Titan Acquisitions to notice of filing in support of pltfs' oppositoin to defts' mtn to dismiss. [8-1] (dlt) 7/24/00 26 NOTICE by pltf Lowell Katt of filing in support of pltfs' opposition to defts' mtn to dismiss. (w/ attached exhibit A) (dlt) [Entry date 07/25/00] 8/15/00 27 RESPONSE by defts to ntc of filing in support of pltfs' response to defts' mtn to dismiss [26-1]. (dlt) [Entry date 08/16/00] 10/6/00 28 NOTICE by pltf Lowell Katt of filing document in support of pltfs' opposition to defts' mtns to dismiss. (dlt) [Entry date 10/10/00] 11/17/00 29 MEMORANDUM OF THE COURT (cc: all counsel) EOD 11/20/00 (dlt) [Entry date 11/20/00] 11/17/00 30 ORDER by Judge William J. Haynes Jr.: In accordanc w/ the Memorandum filed herewith, denying motion to dismiss [8-1] and granting motion for appointment of lead pltfs and for appointment of lead counsel [11-1]. This case referred to Magistrate Judge Joe B. Brown to conduct any further proceedings. EOD 11/20/00 (cc: all counsel) (dlt) [Entry date 11/20/00] 11/21/00 31 ORDER by Magistrate Judge Joe B. Brown: Pursuant to Administrative Order 138-2, this case is reassigned to Magistrate Judge E. C. Knowles for all further Magistrate Judge proceedings. EOD 11/21/00 (cc: all counsel) (dlt) 12/5/00 32 ANSWER by defts to [1-1] (dlt) [Entry date 12/06/00] 12/15/00 33 MOTION by pltf Lowell Katt for class certification. (dlt) [Entry date 12/18/00] 12/15/00 34 MEMORANDUM of Points and Authorities by pltf Lowell Katt in support of motion for class certification [33-1]. (w/ attached exhibit A) (dlt) [Entry date 12/18/00]

12/28/00 -- PROPOSED First Agreed Amended Case Management Order (jb) [Entry date 12/29/00] 1/12/01 35 FIRST AGREED AMENDED CASE MANAGEMENT ORDER by Magistrate Judge E. C. Knowles: Defts shall have until 1/16/01 to file and serve objections to pltf's outstanding discovery requests; class discovery set for 1/26/01; defts shall file any opposition to mtn for class certification by 2/9/01 and pltf's reply brief shall be filed by 2/23/01. All other ddls imposed by the ICM Plan and Order entered on 10/18/99 shall remain in effect. EOD 1/16/01 (cc: all counsel) (dlt) [Entry date 01/16/01] [Edit date 03/21/01] 4/19/01 36 ORDER by Judge William J. Haynes Jr. granting motion for class certification [33-1]. Counsel for the parties shall submit an appropriate ntc for publication and such ntc shall be approved by Judge Knowles before publication. This action is remanded to the Magistrate Judge for further case management. EOD 4/20/01 (cc: all counsel) (dlt) [Entry date 04/20/01] 5/3/01 37 MOTION by pltf for attorneys Mark Solomon,Randall J. Baron, and Douglas R. Britton to appear pro hac vice. (w/ att'd certificates of good standing) (dlt) 5/3/01 38 CERTIFICATE of Good Standing filed by pltfs for Douglas R. Britton from the USDC SD/CA. (dlt) 5/3/01 39 CERTIFICATE of Good Standing filed by pltfs for Randall J. Baron from the USDC SD/CA. (dlt) 5/3/01 40 CERTIFICATE of Good Standing filed by pltfs for Mark Solomon from the USDC SD/CA (dlt) 5/8/01 41 ORDER by Magistrate Judge E. C. Knowles granting motion for attorneys Mark Solomon, [37-1] Randall J. Baron, [37-2] and Douglas R. Britton to appear pro hac vice [37-3] by pltfs. EOD 5/8/01 (cc: all counsel) (dlt) 5/16/01 -- PROPOSED Stipulation and Order governing confidential material. (dlt) [Entry date 05/17/01] 5/22/01 42 STIPULATION and ORDER by Magistrate Judge E. C. Knowles: governing confidential material; details set forth w/in the order. EOD 5/22/01 (cc: all counsel) (dlt) 9/14/01 43 MOTION by pltf for attorney Rajesh A. Mandlekar to appear pro hac vice. (w/ att'd certificate of good standing) (dlt)

9/14/01 44 CERTIFICATE of Good Standing filed by pltfs for Rajesh A. Mandlekar from the USDC for the SD/CA. (dlt) 9/20/01 45 ORDER by Magistrate Judge E. C. Knowles granting motion for attorney Rajesh A. Mandlekar to appear pro hac vice [43-1] by pltfs. EOD 9/21/01 (cc: all counsel) (dlt) [Entry date 09/21/01] 10/5/01 46 MOTION by pltfs for nunc pro tunc order correcting errors in 4/19/01 order granting pltf's mtn for class certification. (w/ att'd proposed order) (dlt) [Entry date 10/09/01] 10/5/01 47 DECLARATION by pltfs of Douglas S. Johnston, Jr. in support of mtn for nunc pro tunc order [46-1]. (w/ att'd exhibit 1-2) (dlt) [Entry date 10/09/01] 10/12/01 48 ORDER by Magistrate Judge E. C. Knowles: Case Management Conference set for 10:00 a.m. on 11/8/01. Counsel for the parties are directed to confer on a proposed amended CMO, which shall be submitted prior to the CMC. EOD 10/15/01 (cc: all counsel) (dlt) [Entry date 10/15/01] 10/15/01 -- PROPOSED Order re: Summary Notice for Publication. (dlt) [Entry date 10/16/01] 10/15/01 -- PROPOSED Order re: Individual Notice of Pendency of Class Action. (dlt) [Entry date 10/16/01] 10/15/01 -- PROPOSED Order approving the form and content of pltf's proposed individual ntc of pendency of class action and proposed summary ntc for publication and approving pltf's proposed plan of ntc distribution. (w/ att'd exhibit A & B) (dlt) [Entry date 10/16/01] 10/15/01 50 MEMORANDUM by pltf in support of motion for order approving pltfs' notice of pendency of class action and plan of distribution [49-1] (w/attachments 1-8) (jb) [Entry date 10/19/01] 10/15/01 51 DECLARATION by pltf of Douglas R. Britton in support of pltf's motion for entry of order approving notice of pendency of class action and plan of distribution [49-1] (jb) [Entry date 10/19/01] 10/18/01 49 MOTION by pltf for order approving pltfs' notice of pendency of class action and plan of distribution (jb) [Entry date 10/19/01] 10/19/01 52 NOTICE by defts United Technologies, William Trachsel, and Titan Acquisitions of change of address; new address for

Richard V. Conza, 153 East 53rd Street, 38th Floor, New York, NY 10022-4611. (xc: af) (dlt) [Entry date 10/23/01] [Edit date 10/23/01] 10/23/01 53 ORDER by Judge William J. Haynes Jr. granting motion for nunc pro tunc order [46-1] amending order [36-1] of 4/19/01 granting pltf's mtn for class certification. That order is amended to read: All public shareholders of International Comfort Products Corp (ICP) who tendered their shares of ICP to Titan Acquisitions, Ltd in connection with the tender offer by United Technologies Corp and its wholly-owned subsidiary Titan, to purchase the outstanding common stock of ICP for $11.75 per share. Excluded from the Class are the defts and any directors or officers of ICP as well as the members of their immediate families, and any entity in which any of them has a controlling interest and the legal representatives, heirs, successors or assigns of any such excluded party. This order is issued nunc pro tunc to 4/19/01. EOD 10/24/01 (cc: all counsel) (gi) [Entry date 10/24/01] 10/24/01 54 NOTICE by pltfs of filing proposed amended inidividual ntc of pendency of class action and proposed amended summary ntc for publication in support of mtn for entry of order approving ntc of pendency of class actiona nd plan of distribution. (w/ att'd proposed amended ntc) (dlt) [Entry date 10/25/01] 10/24/01 -- PROPOSED Stipulation and Order Amending Class Definition. (dlt) [Entry date 10/25/01] 11/1/01 -- PROPOSED Second Agreed Case Management Order (dlt) [Entry date 11/02/01] 11/6/01 55 ORDER by Magistrate Judge E. C. Knowles: Discovery ddl set for 7/2/02 and dispositive mtn filing ddl for set 8/2/02. EOD 11/7/01 (cc: all counsel) (dlt) [Entry date 11/07/01] 12/12/01 56 NOTICE by William Lerach, attorney for pltf Lowell Katt, of change of address; new address is 401 B. Street, Suite 1700, San Diego, CA 92101. (xc: af) (dlt) [Entry date 12/13/01] 12/17/01 57 ORDER by Judge William J. Haynes Jr. Order of recusal and reassigned to Judge Robert L. Echols. EOD 12/18/01 (cc: all counsel) (dlt) [Entry date 12/18/01] 12/19/01 -- PROPOSED Stipulation and Agreed Order approving from and content of class ntc and plan of publication. (dlt) [Entry date 12/20/01] 12/20/01 58 NOTICE by Richard Conza, attorney for defts Titan Acquisitions, United Technologies, and William Trachsel of

change of address; new address is One Liberty Plaza, New York, NY 10006-1470. (xc: af) (dlt) [Entry date 12/21/01] [Edit date 01/16/02] 2/28/02 59 MOTION by defts Titan Acquisitions, United Technologies, William Trachsel, and Ari Bousbib for attorney Richard Ziegler to appear pro hac vice. (w/ att'd certificate of good standing) (dlt) [Entry date 03/01/02] 2/28/02 60 CERTIFICATE of Good Standing filed by defts for Richard F. Ziegler from the USDC SD/NY. (dlt) [Entry date 03/01/02] 2/28/02 61 MOTION by defts for attorney David E. Brodsky to appear pro hac vice. (w/ att'd certificate of good standing) (dlt) [Entry date 03/01/02] 2/28/02 62 CERTIFICATE of Good Standing filed by defts for David E. Brodsky from USDC SD/NY. (dlt) [Entry date 03/01/02] 2/28/02 63 MOTION by defts for attorney Justin S. Anand to appear pro hac vice. (w/ att'd certificate good standing) (dlt) [Entry date 03/01/02] 2/28/02 64 CERTIFICATE of Good Standing filed by defts for Justin S. Anand from USDC SD/NY. (dlt) [Entry date 03/01/02] 3/7/02 65 ORDER by Magistrate Judge E. C. Knowles granting motion for attorney Richard Ziegler to appear pro hac vice [59-1] by defts. EOD 3/11/02 (cc: all counsel) (dlt) [Entry date 03/11/02] 3/7/02 66 ORDER by Magistrate Judge E. C. Knowles granting motion for attorney David E. Brodsky to appear pro hac vice [61-1] by defts. EOD 3/11/02 (cc: all counsel) (dlt) [Entry date 03/11/02] 3/7/02 67 ORDER by Magistrate Judge E. C. Knowles granting motion for attorney Justin S. Anand to appear pro hac vice [63-1] by defts. EOD 3/11/02 (cc: all counsel) (dlt) [Entry date 03/11/02] 3/19/02 68 STIPULATION and agreed proposed order approving form and content of class notice and plan of publication (w/attached exhs A & B) (jb) [Entry date 03/20/02] 3/19/02 -- PROPOSED Third Agreed Case Management Order (jb) [Entry date 03/20/02] 3/25/02 69 ORDER by Magistrate Judge E. C. Knowles: Court held a telephone conference on 2/28/02 to discuss the proposed

ntcs & stipulation, & parties subsequently submitted a Stipulation [68-1], a proposed individual ntc of pendency of class action (DE# 68, Ex. A), & a proposed summary ntc for publication (DE# 68, Ex. B). The foregoing filings are hereby approved. EOD 3/26/02 (cc: all counsel) (dlt) [Entry date 03/26/02] 4/3/02 70 MOTION by defts Titan Acquisitions, United Technologies, William Trachsel, & Ari Bousbib for attorney David M. Meisels to appear pro hac vice. (w/ att'd certificate of good standing) (dlt) [Entry date 04/04/02] 4/3/02 71 CERTIFICATE of Good Standing filed by defts Titan Acquisitions, United Technologies, William Trachsel, & Ari Bousbib for David M. Meisels from the USDC for the District of New Jersey. (dlt) [Entry date 04/04/02] 4/12/02 72 ORDER by Magistrate Judge E. C. Knowles granting motion for attorney David M. Meisels to appear pro hac vice [70-1] by defts Titan Acquisitions, United Technologies, William Trachsel, and Ari Bousbib. EOD 4/12/02 (cc: all counsel) (dlt) 4/15/02 73 ORDER by Judge Robert L. Echols: Status conference set for 9:00 on 4/29/02 with both Judge Echols and Magistrate Judge Knowles participating. EOD 4/15/02 (cc: all counsel) (gi) 4/15/02 74 MOTION by pltfs for attorney David A. Thorpe to appear pro hac vice. (w/ att'd certificate of good standing) (dlt) [Entry date 04/16/02] 4/15/02 75 CERTIFICATE of Good Standing filed by pltfs for David A. Thorpe from the USDC SD/CA. (dlt) [Entry date 04/16/02] 4/17/02 76 ORDER by Magistrate Judge E. C. Knowles granting motion for attorney David A. Thorpe to appear pro hac vice [74-1] by pltfs. EOD 4/18/02 (cc: all counsel) (dlt) [Entry date 04/18/02] 4/29/02 77 CLERK'S RESUME: Status conference held on 4/29/02. Mr. Britton to revise proposed third agreed case management order and resubmit by 5/3/02. Order to enter. C/R: Cathy Leigh (dlt) [Entry date 04/30/02] 5/3/02 -- PROPOSED Amended Third Agreed Case Management Order (dlt) [Entry date 05/06/02] 5/13/02 78 FIRST AMENDED COMPLAINT [1-1] by pltfs; adding Angelo J. Messina, Gilles A.H. Renaud, David J. Fitzpatrick; jury demand. (dlt) [Entry date 05/14/02]

5/13/02 79 SUMMONS issued as to defts Angelo J. Messina, Gilles A.H. Renaud, & David J. Fitzpatrick. (dlt) [Entry date 05/14/02] 5/17/02 80 THIRD AMENDED CASE MANAGEMENT ORDER by Judge Robert L. Echols: Discovery ddl reset for 9/20/02 & dispositive mtn filing ddl reset for 10/2/02. EOD 5/20/02 (cc: all counsel) (dlt) [Entry date 05/20/02] 5/17/02 81 ORDER by Judge Robert L. Echols: Jury trial set for 9:00 a.m. on 2/25/03; pretrial conference set 3:30 p.m. on 1/13/03; pretrial order ddl 1/8/03. Parties shall submit to the Court, by 1/8/03, the following: joint proposed jury instructions; witness lists; exhibit lists; & stipulations. EOD 5/20/02 (cc: all counsel) (dlt) [Entry date 05/20/02] 5/24/02 -- PROPOSED Order appointing Computer Specialist to serve as Officer of the Court and to establish procedures for inspection of the computer hard drive. (w/ att'd exhibit A) (dlt) [Entry date 05/28/02] 6/5/02 82 ORDER by Magistrate Judge E. C. Knowles appointing computer specialist Philip Hampton of LogicForce Consulting, Nashville, TN, to serve as officer of the Court and to establish procedures for inspection of the computer hard drive. EOD 6/6/02 (cc: all counsel, Philip Hampton) (gi) [Entry date 06/06/02] [Edit date 06/06/02] 6/12/02 83 MAIL Returned [82-1] addressed to Philip Hampton appointed examiner of the Court. (envelope marked return to sender-insufficient address) (dlt) [Entry date 06/13/02] 6/14/02 -- REMARK-Resent Order #82 to Philip Hampton of LogicForce Consulting, LLC, new address is 150 4th Ave North, Suite 1900, Nashville, TN 37219. (dlt) 6/27/02 84 RETURN OF SERVICE executed upon deft Angelo J. Messina on by 6/12/02. (dlt) [Entry date 07/01/02] [Edit date 07/01/02] 6/27/02 85 RETURN OF SERVICE executed upon deft Gilles A.H. Renaud on 6/12/02. (dlt) [Entry date 07/01/02] 6/27/02 86 RETURN OF SERVICE executed upon deft David J. Fitzpatrick on 6/12/02. (dlt) [Entry date 07/01/02] 7/17/02 87 ANSWER by defts Titan Acquisitions, United Technologies, William Trachsel, Ari Bousbib, Angelo J. Messina, Gilles A.H. Renaud, & David J. Fitzpatrick to amended complaint [78-1]. (dlt) [Entry date 07/18/02] 10/2/02 -- PROPOSED Stipulation & Order re: authentication &

admissibility of documents. (dlt) [Entry date 10/03/02] 10/2/02 88 MOTION by defts Titan Acquisitions, United Technologies, William Trachsel, Ari Bousbib, Angelo J. Messina, Gilles A.H. Renaud, & David J. Fitzpatrick for summary judgment. (dlt) [Entry date 10/03/02] 10/2/02 89 JOINT MOTION for leave to submit briefs in excess of 25 pages. (w/ att'd memorandum of law in support of mtn & stmt of material undisputed facts) (dlt) [Entry date 10/03/02] 10/3/02 90 NOTICE by defts of filing Appendix A-C (dlt) [Entry date 10/04/02] 10/3/02 91 APPENDIX A-Vol. I of II filed by defts deposition excerpts & declarations filed in support of defts' mtn for summary judgment [88-1]. (dlt) [Entry date 10/04/02] 10/3/02 92 APPENDIX A-Vol. II of II filed by defts deposition excerpts & declarations filed in support of defts' mtn for summary judgment [88-1]. (dlt) [Entry date 10/04/02] 10/3/02 93 APPENDIX B-Vol. I of VI filed by defts declaratin of Justin S. Anand filed in support of defts' mtn for summary judgment [88-1] w/ att'd exhibits 1-12. (dlt) [Entry date 10/04/02] 10/3/02 94 APPENDIX B-Vol. II of VI filed by defts declaration of Justin S. Anand filed in support of defts' mtn for summary judgment [88-1] w/ att'd exhibits 13-19. (dlt) [Entry date 10/04/02] 10/3/02 95 APPENDIX B-Vol. III of VI filed by defts declaration of Justin S. Anand filed in support of defts' mtn for summary judgment [88-1] w/ att'd exhibits 20-25. (dlt) [Entry date 10/04/02] 10/3/02 96 APPENDIX B-Vol. IV of VI filed by defts declaration of Justin S. Anand filed in support of defts' mtn for summary judgment [88-1] w/ att'd exhibits 26-40. (dlt) [Entry date 10/04/02] 10/3/02 97 APPENDIX B-Vol. V of VI filed by defts declaration of Justin S. Anand filed in support of defts' mtn for summary judgment [88-1] w/ att'd exhibits 41-52. (dlt) [Entry date 10/04/02] 10/3/02 98 APPENDIX B-Vol. VI of VI filed by defts declaration of Justin S. Anand filed in support of defts' mtn for summary judgment [88-1] w/ att'd exhibits 53-58. (dlt)

[Entry date 10/04/02] 10/3/02 99 APPENDIX C filed by defts unreported Federal Court cases, State Court cases & other authorities referenced in support of deft's mtn for summary judgment [88-1]. (dlt) [Entry date 10/04/02] 10/10/02 100 STIPULATION and ORDER by Magistrate Judge E. C. Knowles: authentication and admissibility of documents. (w/ attachments A-B) EOD 10/11/02 (cc: all counsel) (dlt) [Entry date 10/11/02] 10/10/02 101 ORDER by Magistrate Judge E. C. Knowles granting motion for leave to submit briefs in excess of 25 pages [89-1]. EOD 10/11/02 (cc: all counsel) (dlt) [Entry date 10/11/02] 10/10/02 102 MEMORANDUM OF LAW by defts in support of motion for summary judgment [88-1]. (dlt) [Entry date 10/11/02] 10/10/02 103 STATEMENT of material undisputed facts by defts in support of [88-1]. (dlt) [Entry date 10/11/02] 10/28/02 104 MOTION by pltfs for attorney Roger M. Adelman to appear pro hac vice. (w/ att'd certificate of good standing from the District of Columbia Court of Appeals) (dlt) [Entry date 10/29/02] 10/29/02 105 MOTION by pltfs for sanctions against defts for spoliation of electronic evidence. (dlt) 10/29/02 106 MEMORANDUM of Law by pltfs in support of motion for sanctions against defts for spoliation of electronic evidence [105-1]. (dlt) 10/29/02 107 DECLARATION of David A. Thorpe, Volume 1-2 by pltfs in support of [105-1]. (w/ att'd exhibits 1-36) (dlt) 10/29/02 108 MOTION by pltfs to exceed page limitation regarding opposition to deft's mtn for summary judgment. (dlt) 11/1/02 109 RESPONSE by pltfs to motion for summary judgment [88-1]. (dlt) [Entry date 11/04/02] 11/1/02 110 RESPONSE by pltfs to defts' stmt of material undisputed facts [103-1]. (dlt) [Entry date 11/04/02] 11/1/02 111 MOTION by pltfs to strike certain testimony and evidence. (dlt) [Entry date 11/04/02]

11/1/02 112 MOTION by pltfs for hearing & oral argument re: pltf's opposition to defts' mtn for summmary judgment. (dlt) [Entry date 11/04/02] 11/1/02 113 STATEMENT of additional material facts by pltfs in support of [109-1]. (dlt) [Entry date 11/04/02] 11/1/02 114 MOTION by pltfs for additional discovery in support of pltf's opposition to defts' mtn for summary judgment. (dlt) [Entry date 11/04/02] 11/1/02 115 APPENDIX OF AUTHORITIES filed by pltfs in support of opposition to defts' mtn for summary judgment [109-1]. (w/ att'd exhibit 1-8) (dlt) [Entry date 11/04/02] 11/1/02 116 DECLARATION of Douglas R. Britton by pltfs in support of pltf's opposition to deft's mtn for summary judgment [109-1]. (w/ att'd exhibits 1-418 in volumes 1-6) (dlt) [Entry date 11/04/02] 11/1/02 117 NOTICE of filing by pltfs copies of deposition transcripts. (w/ att'd copies of transcripts of Bousbib, Cain Clevy, Volume 1 of 5) (dlt) [Entry date 11/04/02] 11/1/02 118 NOTICE of filing by pltfs copies of deposition transcripts. (w/ att'd copies of transcripts of Coates and Coffee, Volume 2 of 5) (dlt) [Entry date 11/04/02] 11/1/02 119 NOTICE of filing by pltfs copies of depositions transcripts. (w/ att'd copies of transcripts of Groth, Hassett, Hitchery, Johnston, Katt, Volume 3 of 5) (dlt) [Entry date 11/04/02] 11/1/02 120 NOTICE of filing by pltfs copies of deposition transcripts. (w/ att'd copies of transcripts Lord, Murphy, & Nunes, Volume 4 of 5) (dlt) [Entry date 11/04/02] 11/1/02 121 NOTICE of filing by pltfs copies of deposition transcripts. (w/ att'd copies of transcripts of Snyder, Sultan, Thomas, & Trachsel, Volume 5 of 5) (dlt) [Entry date 11/04/02] 11/1/02 122 (Filed Under Seal) AFFIDAVIT of re [109-1]. (exhibit A) (dlt) [Entry date 11/04/02] 11/1/02 123 (FILED UNDER SEAL) AFFIDAVIT re [109-1]. (exhibit B) (dlt) [Entry date 11/04/02] 11/1/02 124 FILED UNDER SEAL AFFIDAVIT [109-1]. (exhibit C) (dlt)

[Entry date 11/04/02] 11/1/02 125 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit D) (dlt) [Entry date 11/04/02] 11/1/02 126 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit E) (dlt) [Entry date 11/04/02] 11/1/02 127 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit F) (dlt) [Entry date 11/04/02] 11/1/02 128 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit G) (dlt) [Entry date 11/04/02] 11/1/02 129 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit H) (dlt) [Entry date 11/04/02] 11/1/02 130 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit I) (dlt) [Entry date 11/04/02] 11/1/02 131 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit J) (dlt) [Entry date 11/04/02] 11/1/02 132 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit K) (dlt) [Entry date 11/04/02] 11/1/02 133 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit L) (dlt) [Entry date 11/04/02] 11/1/02 134 FILED UNDER SEAL AFFIDAVIT re [109-1]. (dlt) [Entry date 11/04/02] 11/1/02 135 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit N) (dlt) [Entry date 11/04/02] 11/1/02 136 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit O) (dlt) [Entry date 11/04/02] 11/1/02 137 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit P) (dlt) [Entry date 11/04/02] 11/1/02 138 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit Q) (dlt) [Entry date 11/04/02] 11/1/02 139 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit R) (dlt) [Entry date 11/04/02]

11/1/02 140 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit S) (dlt) [Entry date 11/04/02] 11/1/02 141 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit T) (dlt) [Entry date 11/04/02] 11/1/02 142 FILED UNDER SEAL AFFIDAVIT re [109-1]. (exhibit U) (dlt) [Entry date 11/04/02] 11/8/02 143 CERTIFICATE of Good Standing filed by pltfs for Roger Mark Adelman from the USDC for the District of Columbia. (dlt) [Entry date 11/12/02] 11/12/02 144 RESPONSE by defts to motion for hearing [112-1] & oral argument re: pltf's opposition to defts' mtn for summmary judgment [112-2]. (dlt) [Entry date 11/13/02] 11/12/02 145 RESPONSE by defts to motion for sanctions against defts for spoliation of electronic evidence [105-1]. (w/ attachment) (dlt) [Entry date 11/13/02] 11/12/02 146 APPENDIX filed by defts of documents submitted in support of defts' response in opposition to pltfs' spoliation mtn [145-1]. (w/ attachments) (dlt) [Entry date 11/13/02] 11/13/02 147 NOTICE by defts Titan Acquisitions, United Technologies, William Trachsel, Ari Bousbib, Angelo J. Messina, Gilles A.H. Renaud, & David J. Fitzpatrick of filing the original declaration of Neil Hassett in support of their response in opposition to pltfs' spoliation mtn on this the 11/13/02. (dlt) [Entry date 11/14/02] 11/13/02 148 DECLARATION of Neil Hassett by defts in support of [145-1]. (dlt) [Entry date 11/14/02] 11/14/02 149 MOTION by pltfs for leave to file a reply to defts' response in opposition to pltfs' spoliation mtn. (w/ att'd stipulation) (dlt) 11/14/02 150 STIPULATION by the parties that the pltfs should be allowed to file a reply brief [149-1]. (dlt) 11/15/02 151 REPLY by pltfs to response to motion for sanctions against defts for spoliation of electronic evidence [105-1]. (dlt) [Entry date 11/18/02] 11/18/02 152 RESPONSE by defts to motion for additional discovery in support of pltf's opposition to defts' mtn for summary

judgment [114-1]. (w/ att'd exhibits A-D) (dlt) [Entry date 11/19/02] 11/18/02 153 REPLY MEMORANDUM OF LAW by defts to response to motion for summary judgment [88-1]. (dlt) [Entry date 11/19/02] 11/18/02 154 APPENDIX filed by defts of unreport cases & other authorities cited in support of defts' reply memorandum of law [153-1]. (dlt) [Entry date 11/19/02] 11/18/02 155 RESPONSE by defts to pltf's additional stmt of material facts [113-1]. (dlt) [Entry date 11/19/02] 11/21/02 156 ORDER by Judge Robert L. Echols granting motion for attorney Roger M. Adelman to appear pro hac vice [104-1] by pltfs. EOD 11/21/02 (cc: all counsel) (dlt) 11/21/02 157 ORDER by Judge Robert L. Echols granting motion for leave to file a reply to defts' response in opposition to pltfs' spoliation mtn [149-1]. Pltf will be permitted to file a reply. EOD 11/21/02 (cc: all counsel) (dlt) 12/6/02 158 STATEMENT of recent decision in support of pltf's opposition to defts' mtn for summary judgment by pltfs. (w/ att'd exhibit A-B) (dlt) [Entry date 12/09/02] 12/12/02 159 MOTION by pltf for attorney Shawn M. Hays to appear pro hac vice. (w/ att'd certificate of good standing) (dlt) [Entry date 12/13/02] 12/12/02 160 CERTIFICATE of Good Standing filed by pltfs for Shawn M. Hays from the USDC SD/CA. (dlt) [Entry date 12/13/02] 12/16/02 161 RESPONSE by defts to pltf's stmt of recent decision [158-1]. (dlt) [Entry date 12/17/02] 12/23/02 162 ORDER by Judge Robert L. Echols granting motion for attorney Shawn M. Hays to appear pro hac vice [159-1] by pltf. EOD 12/23/02 (cc: all counsel) (gi) 12/30/02 163 ATTORNEY APPEARANCE for defts by Mark H. Wildasin. (dlt) [Entry date 12/31/02] 12/30/02 164 MOTION by defts in limine no. 1 to exclude the expert testimony of Kevin Murphy and John C. Coates. (dlt) [Entry date 12/31/02] 12/30/02 165 MEMORANDUM by defts in support of motion in limine no. 1 to exclude the expert testimony of Kevin Murphy and John C.

Coates [164-1]. (dlt) [Entry date 12/31/02] 12/30/02 166 MOTION by defts in limine no. 2 to exclude testimony from ICP employees &/or former employees and otherwise preclude pltf from prejudicing the jury w/ irrelevant information. (dlt) [Entry date 12/31/02] 12/30/02 167 MEMORANDUM by defts in support of motion in limine no. 2 to exclude testimony from ICP employees &/or former employees and otherwise preclude pltf from prejudicing the jury w/ irrelevant information [166-1]. (dlt) [Entry date 12/31/02] 12/30/02 168 MOTION by defts in limine no. 3 to excuse the individual defts from personally attending the entire trial. (dlt) [Entry date 12/31/02] 12/30/02 169 MEMORANDUM of Law by defts in support of motion in limine no. 3 to excuse the individual defts from personally attending the entire trial [168-1]. (dlt) [Entry date 12/31/02] 12/30/02 170 APPENDIX of Exhibits and Deposition excerpts filed by defts in support of mtns inlimine [164-1], [166-1], & [168-1]. (dlt) [Entry date 12/31/02] 12/30/02 171 DECLARATION of Justin S. Anand by defts re [170-1]. (dlt) [Entry date 12/31/02] 12/30/02 172 MOTION by defts for relief from Local Rule 8(a)(1)a. re: progressive pagination of exhibits. (dlt) [Entry date 12/31/02] 12/30/02 173 CERTIFICATE of Service of defts' mtns in limine, appendix, mtn for relief from Local Rule 8(a)(1)a have been forwarded to pltf's attorneys on 12/30/02 by defts. (dlt) [Entry date 12/31/02] 12/30/02 174 MOTION by pltfs in limine no. 1 to exclude self-serving study prepared by defts' counsel for this litigation, att'd as exhibit I to the expert witness reports of John C. Coffee, Jr. & Randall S. Thomas. (dlt) [Entry date 12/31/02] 12/30/02 175 MOTION by pltfs in limine no. 2, to limit defts' experts to no more than 3 individuals. (dlt) [Entry date 12/31/02] 12/30/02 176 MOTION by pltfs in limine no. 3, precluding defts from introducing evidence of any profit made by pltf or the class. (dlt) [Entry date 12/31/02] 12/30/02 177 MOTION by pltfs in limine no. 4, excluding reference to

policy considerations. (dlt) [Entry date 12/31/02] 12/30/02 178 MOTION by pltfs in limine no. 5, excluding reference to market competitive practices. (dlt) [Entry date 12/31/02] 12/30/02 179 MOTION by pltfs in limine no. 6, excluding evidence improperly attempting to attribute written material to Professor John C. Coates. (dlt) [Entry date 12/31/02] 12/30/02 180 MOTION by pltfs in limine no. 7, precluding reference to original complaint. (dlt) [Entry date 12/31/02] 12/30/02 181 MOTION by pltfs in limine no. 8, excluding witnesses from the courtroom until such time as their testimony is concluded. (dlt) [Entry date 12/31/02] 12/30/02 182 MOTION by pltfs in limine no. 9, precluding defts from introducing live testimony of person not made available to pltf in pltf's case-in-chief. (dlt) [Entry date 12/31/02] 12/30/02 183 MOTION by pltfs in limine no. 10, precluding fact witnesses from offering impermissible opinion testimony. (dlt) [Entry date 12/31/02] 12/30/02 184 MOTION by pltfs in limine no. 11, precluding reference to Tennessee State Case, which was dismissed on jurisdictional grounds. (w/ att'd exhibit A) (dlt) [Entry date 12/31/02] 12/30/02 185 MOTION by pltfs in limine no 12, precluding defts from referencing state law. (dlt) [Entry date 12/31/02] 12/30/02 186 MOTION by pltfs in limine no. 13, precluding reference to Canadian case and Canadian law. (w/ att'd exhibit A) (dlt) [Entry date 12/31/02] 12/30/02 187 MOTION by pltfs for the Court to give preliminary jury instructions. (dlt) [Entry date 12/31/02] 12/30/02 188 MOTION by pltfs to exclude certain expert testimony of Raymond Groth and Claude Johnston. (dlt) [Entry date 12/31/02] 12/30/02 189 MOTION by pltfs to exclude the testimony of Randall Thomas and John Coffee. (dlt) [Entry date 12/31/02] 12/30/02 190 MOTION by pltfs to exceed page limitation in memorandum in support of his mtn to exclude the testimony of Randall Thomas and John Coffee. (dlt) [Entry date 01/03/03]

12/30/02 191 DECLARATION of Douglas R. Britton by pltfs in support of pltf's mtns to exclude testimony of experts Raymond Groth, Claude Johnston [188-1], Randall Thomas, & John Coffee [189-1], Volume 1 of 2. (w/ exhibits 1-13) (dlt) [Entry date 01/03/03] 12/30/02 192 DECLARATION of Douglas R. Britton by pltfs in support of pltf's mtns to exclude testimony of experts Raymond Groth, Claude Johnston [188-1], Randall Thomas, & John Coffee [189-1], Volume 2 of 2. (w/ exhibits 14-25) (dlt) [Entry date 01/03/03] 1/7/03 193 MOTION by pltf for attorney Patrick J. Coughlin to appear pro hac vice. (w/ att'd certificate of good standing) (dlt) [Entry date 01/08/03] 1/7/03 194 CERTIFICATE of Good Standing filed by pltfs for Patrick J. Coughlin from the USDC SD/CA. (dlt) [Entry date 01/08/03] 1/10/03 195 ORDER by Judge Robert L. Echols granting motion for attorney Patrick J. Coughlin to appear pro hac vice [193-1] by pltf. EOD 1/10/03 (cc: all counsel) (gi) 1/10/03 196 MEMORANDUM OF THE COURT (cc: all counsel) EOD 1/10/03 (gi) 1/10/03 197 ORDER by Judge Robert L. Echols granting motion for summary judgment [88-1]; denying motion for additional discovery in support of pltf's opposition to defts' mtn for summary judgment [114-1]; denying as moot motion to strike certain testimony and evidence [111-1] in accordance with the accompanying memorandum. This case is dismissed. The Court preserves ancillary jurisdiction over pltf's motion for sanctions [105-1] on which a hearing is set for 9:00 on 2/10/03. EOD 1/10/03 (cc: all counsel) (gi) 1/24/03 198 MOTION by deft United Technologies for oral argument regarding the Court's mandatory post-adjudication review of the pleadings and other submissions under the Private Securities Reform Act. (dlt) [Entry date 01/27/03] 1/24/03 199 MEMORANDUM by deft United Technologies in support of motion for oral argument regarding the Court's mandatory post- adjudication review of the pleadings and other submissions under the Private Securities Reform Act [198-1]. (dlt) [Entry date 01/27/03] 1/24/03 200 DECLARATION of Justin S. Anand by deft United Technologies re [199-1]. (w/ att'd exhibits A-M) (dlt) [Entry date 01/27/03]

1/24/03 201 CERTIFICATE of Service by deft United Technologies that a true & exact copy of the following documents of UTC's mtn for oral argument, memorandum in support & declaration were served on the attorneys' of record. (dlt) [Entry date 01/27/03] 2/4/03 202 ORDER by Judge Robert L. Echols: Hearing on pltf's motion for sanctions [105-1] is reset for 2:00 p.m. on 3/3/03. Defts' motion for oral argument regarding the Court's mandatory post-adjudication review of the pleadings and other submissions under the Private Securities Reform Act [198-1] is granted, & the Court will allow argument in connection w/ the issues raised by UTC's Memorandum filed on 1/24/03, (DE# 199). EOD 2/6/03 (cc: all counsel) (dlt) [Entry date 02/06/03] 2/7/03 203 MOTION by pltfs to exceed page limitation in support of response to UTC's memorandum in aid of the Court's mandatory post-adjudication review of the pleadings and other submissions under the Private Securities Litigation Reform Act. (w/ att'd proposed response, declarations of Darren J. Robbins & Douglas R. Britton) (dlt) 2/7/03 204 NOTICE OF APPEAL by pltf Lowell Katt from Dist. Court decision [197-3] (mk) [Entry date 02/11/03] 2/7/03 205 RECEIVED filing fee in the amt of $105 from pltf, receipt no. 90150 (mk) [Entry date 02/11/03] 2/12/03 -- REMARK: copy of ntc of appeal to all counsel and Judge Echols (mk) 2/12/03 206 LETTER from appeal clerk to counsel of record re: designation of record (mk) 2/12/03 -- SR Record on Appeal sent to 6th CCA re [204-1] (mk) 2/14/03 207 ORDER by Judge Robert L. Echols granting pltf's mtn to exceed page limitation in support of response to UTC's memorandum in aid of the Court's mandatory post-adjudication review of the pleadings and other submissions under the Private Securities Litigation Reform Act [203-1]. Clerk is directed to file pltf's response. EOD 2/19/03 (cc: all counsel) (mk) [Entry date 02/19/03] 2/14/03 208 RESPONSE by pltf Lowell Katt to UTC's memorandum in aid of the Court's mandatory post-adjudication review of the pleadings and other submissions under the private securities litigatidon reform act [199-1] (mk) [Entry date 02/19/03] 2/14/03 209 DECLARATION by Darren J. Robbins re [208-1] (mk)

[Entry date 02/19/03] 2/14/03 210 DECLARATION by Douglas R. Britton re [208-1] Volumes I and 2 with attached Exhs 1-29 (mk) [Entry date 02/19/03] 2/24/03 212 NOTIFICATION by 6th CCA of Appellate Docket Number 03-5237 and assignment of Cheryl Borkowski as case mgr (mk) [Entry date 02/26/03] 2/25/03 211 MOTION by defts for leave to submit reply memorandum in support of the Court's mandatory post-adjudication review w/ attached proposed reply brief (mk) [Entry date 02/26/03] 3/5/03 213 ORDER by Judge Robert L. Echols granting motion for leave to submit reply memorandum in support of the Court's mandatory post-adjudication review [211-1]. Clerk is directed to file defts' reply. EOD 3/6/03 (cc: all counsel) (mk) [Entry date 03/06/03] 3/5/03 214 REPLY by deft United Technologies in aid of Court's mandatory post-adjudication review of pleadings and other submissions under the Private Securities Litigation Reform Act (mk) [Entry date 03/06/03] 3/7/03 215 NOTICE by pltf Lowell Katt of filing recently decided authority in support of pltf's mtn for sanctions against defts for spoiliation of electronic evidence with attached Exh A (mk) [Entry date 03/10/03] 3/10/03 -- REMARK: copy of transcript order form (mk) [Entry date 03/11/03] 3/14/03 216 DESIGNATION by defts of record for appeal purposes (mk) [Entry date 03/17/03] 3/19/03 217 TRANSCRIPT filed of proceedings before Judge Echols on 3/3/03 by Cathy Leigh (mk) [Entry date 03/20/03] 3/19/03 218 DESIGNATION by pltf Lowell Katt of record for appeal (mk) [Entry date 03/20/03] 8/15/03 219 INFORMATION COPY from 6th CCA dated 8/13/03 dismissing appeal for lack of jurisdiction. Pltf's mtn to vacate briefing scheduling order and stay appeal is denied as moot. This order is without prejudice to either party's right to perfect a timely appeal upon entry of final jgm in the district court. (mk) [Entry date 08/18/03] 8/21/03 220 NOTICE by pltfs of filing order from US 6CCA with attached Exh A (mk) [Entry date 08/26/03]

9/4/03 221 NOTICE by defts of filing recent decision (w/ attached Exh A) (mk) 9/10/03 222 NOTICE by pltf Lowell Katt of recent authority and response to defts' statement of recent decision (w/ attached Exh A) (mk) [Entry date 09/11/03] 10/10/03 223 RESPONSE by defts to pltf's statement of recent decision [222-1] (mk) 10/31/03 224 MANDATE from 6th CCA dated 10/29/03: Pursuant to the court's disposition that was filed 8/13/03, the mandate issues today. [204-1] (mk) [Entry date 11/04/03] 3/17/04 225 MEMORANDUM OF THE COURT (cc: all counsel) (EOD 3/17/04) (dlt) 3/17/04 226 ORDER by Judge Robert L. Echols: For the reasons explained in the Memorandum entered herewith, the motion for sanctions against defts for spoliation of electronic evidence [105-1] is denied. EOD 3/17/04 (cc: all counsel) (dlt) 4/14/04 227 NOTICE OF APPEAL by pltf Lowell Katt from Dist. Court decision [226-1] denying pltf's mtn for sanctions for spoliation of electronic evidence and [196-1] order granting summary jgm to defts (mk) 4/14/04 228 RECEIVED filing fee in the amt of $255 from Milberg, Weiss, Bershad, receipt no. 98238 (mk) 4/20/04 -- REMARK: copy of ntc of appeal to all counsel and Judge Echols (mk) 4/20/04 -- SR Record on Appeal sent to 6th CCA re [227-1] (mk) 4/20/04 229 LETTER from appeals clerk to counsel of record re: designation of record on appeal (mk) 4/27/04 231 DESIGNATION by pltf Lowell Katt of record for appeal purposes (mk) [Entry date 04/29/04] 4/28/04 230 DESIGNATION by defts of designation of the record for appeal purposes (mk) [Entry date 04/29/04] 5/3/04 232 NOTIFICATION by 6th CCA of Appellate Docket Number 04-5488 and assignment of Julie Brock as case mgr (mk)

[Entry date 05/04/04] 5/10/04 233 NOTICE of Change of Law Firm Affiliation by pltf's counsel formerly with Milberg Weiss Bershad Hynes & Lerach LLP to Lerach Coughlin Stoia & Robbins LLP (mk) [Entry date 05/11/04] 5/13/04 -- TRANSCRIPT Order Form from Joseph Daley counsel for appellants "transcript already on file" (mk) 7/20/04 234 ORDER by Judge Robert L. Echols: Court finds that neither pltf nor pltf's counsel violated Rule 11 and sanctions pursuant to Rule 11 are unwarranted. [197-3]. EOD 7/20/04 (cc: all counsel) (mk) 8/2/04 235 ORDER from 6th CCA dated 7/29/04 dismissing appeal upon stipulation of parties to voluntarily dismiss (mk) [Entry date 08/03/04] 4/19/05 236 ORDER by Judge Robert L. Echols: Party or parties who submitted material under seal (DE# 122-142-afdts of shareholders) shall retrieve the same w/in 10 days of the date of entry of this Order on the docket. If the material is not retrived w/in the time specified, the Clerk is directed to destroy the material. EOD 4/19/05 (cc: all counsel) (dlt) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html