u.s. district court southern district of new york (foley...

US District Court Civil Docket as of 01/24/2011Retrieved from the court on January 29, 2011

U.S. District CourtSouthern District of New York (Foley Square - Suspense)

CIVIL DOCKET FOR CASE #: 2:02-cv-01263-RMB-THK

In Re: Actrade Financial v. , et alAssigned to: Judge Richard M. BermanReferred to: Magistrate Judge Theodore H. KatzDemand: $0Member cases:

1:02-cv-01399-RMB

1:02-cv-01670-RMB

1:02-cv-01780-RMB

2:02-cv-01263-RMB-THK

1:02-cv-01608-RMB

1:02-cv-02071-RMB

Related Cases: 1:02-cv-01670-RMB

1:02-cv-01780-RMB

1:02-cv-01399-RMB

1:02-cv-01491-RMB

1:09-cv-04480-RMB

1:02-cv-01608-RMB

1:02-cv-02071-RMB

1:09-cv-04479-RMB

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

Date Filed: 02/15/2002Jury Demand: PlaintiffNature of Suit: 850 Securities/CommoditiesJurisdiction: Federal Question

Plaintiff

Richard Bowe Roth-IRAOn behalf of himself and all others similarly situated

represented by Jeanne F. D'Esposito Lowey Dannenberg Cohen & Hart, P.C. White Plains Plaza One North Broadway Suite 509 White Plains, NY 10601 (914) 997-0500 LEAD ATTORNEY

Richard D. Bemporad Lowey Dannenberg Cohen & Hart, P.C. White Plains Plaza One North Broadway Suite 509 White Plains, NY 10601 (914) 997-0500 Fax: (914) 997-0035 Email: [email protected] LEAD ATTORNEY

Thomas G. Shapiro Shapiro, Haber & Urmy, L.L.P. 53 State Street Boston, MA 02109 (617) 439-3939 Fax: (617) 439-0134 Email: [email protected] PRO HAC VICEATTORNEY TO BE NOTICED

V.

Movant

Kirk A. Miller represented by Frederick Taylor Isquith , Sr Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P. 270 Madison Avenue New York, NY 10016

(212) 545-4600 Email: [email protected] LEAD ATTORNEY

Gustavo Fabian Bruckner Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Avenue New York, NY 10017 (212) 545-4600 LEAD ATTORNEY

Movant

John W. Barickman represented by Frederick Taylor Isquith , Sr (See above for address) LEAD ATTORNEY

Gustavo Fabian Bruckner (See above for address) LEAD ATTORNEY

Movant

Kenneth Qi Ge represented by Andrei V. Rado Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 LEAD ATTORNEY

Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: [email protected]

LEAD ATTORNEY

Steven G. Schulman Milberg LLP (NYC) One Pennsylvania Plaza New York, NY 10119 212-946-9356 Fax: 212-273-4406 Email: [email protected] LEAD ATTORNEY

Movant

Peter Lupo represented by Andrei V. Rado (See above for address) LEAD ATTORNEY

Samuel Howard Rudman (See above for address) LEAD ATTORNEY

Steven G. Schulman (See above for address) LEAD ATTORNEY

Movant

Zeng Hui Wang represented by Andrei V. Rado (See above for address) LEAD ATTORNEY

Samuel Howard Rudman (See above for address) LEAD ATTORNEY

Steven G. Schulman (See above for address) LEAD ATTORNEY

V.

Defendant

Actrade Financial Technologies, Ltd. represented by Daniel J. Leffell Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212) 373-3218 Fax: (212)492-0218 Email: [email protected] LEAD ATTORNEY

Defendant

Amos Aharoni represented by Sigmund Samuel Wissner-Gross Brown Rudnick LLP (NYC) Seven Times Square New York, NY 10036 212-209-4930 Fax: 212-938-2804 Email: [email protected] LEAD ATTORNEY

Defendant

Alexander C. Stonkus represented by Paul Joseph Fishman Friedman, Kaplan, Seiler and Adelman 1633 Broadway NY, NY 10019 212-833-1100 Fax: 212-373-7930 Email: [email protected] LEAD ATTORNEY

Defendant

David AskinTERMINATED: 05/14/2004

represented by Scott Alexander Edelman Milbank, Tweed, Hadley & McCloy LLP (NYC) 1 Chase Manhattan Plaza New York, NY 10005 (212) 530-5149 Fax: (212) 822-5149 Email: [email protected] LEAD ATTORNEY

Defendant

Estate of Joseph D'Alessandris represented by Elliot Cohen Troutman Sanders LLP (NYC) 405 Lexington Avenue New York, NY 10174 (212) 406-1012 Fax: 212 704 6288 Email: [email protected] LEAD ATTORNEYATTORNEY TO BE NOTICED

Christina Bost-Seaton Troutman Sanders LLP (NYC) 405 Lexington Avenue New York, NY 10174 (212)-704-6440 Fax: (212)-704-6288 Email: [email protected] ATTORNEY TO BE NOTICED

Movant

James E. McGrew represented by Jeanne F. D'Esposito (See above for address) LEAD ATTORNEY

Richard D. Bemporad (See above for address) LEAD ATTORNEY

Thomas G. Shapiro (See above for address) PRO HAC VICEATTORNEY TO BE NOTICED

Movant

Gregory W. Tramontin represented by Jeanne F. D'Esposito (See above for address) LEAD ATTORNEY

Richard D. Bemporad (See above for address) LEAD ATTORNEY

Thomas G. Shapiro (See above for address) PRO HAC VICEATTORNEY TO BE NOTICED

Consolidated Plaintiff

Stanley Sved


Ira Arline Berstein


Dr. Andrea G. Moore


Daniel Destefano


Richard Grant


Robert Twardy


Daniel Blair


Samuel Koenig

V.

Consolidated Defendant

Joseph P. D'Alessandris represented by Katherine Ash Troutman Sanders LLP The Chrysler Building 405 Lexington Avenue New York, NY 10174 (212) 704-6000 LEAD ATTORNEY

Defendant

Aharoni, Stonkus, Askin And D'Alessandris

Defendant

Deloitte & Touche LLP represented by Edward Jay Yodowitz Skadden, Arps, Slate, Meagher & Flom LLP 4 Times Square New York, NY 10036 (212)-735-3450 Fax: 917-777-3450 Email: [email protected]

Jay B. Kasner Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square 42nd floor New York, NY 10036 212 735 3000 Fax: 212 735 2000 Email: [email protected]

Jeremy A. Berman Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square 42nd floor New York, NY 10036 212-735-2032 Fax: 917-777-2032 Email: [email protected]

Date Filed # Docket Text

02/15/2002 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00. (gmo) (Entered: 02/25/2002)

02/15/2002 Magistrate Judge Theodore H. Katz is so designated. (gmo) (Entered: 02/25/2002)

03/04/2002 2 CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). . (yv) (Entered: 03/07/2002)

03/12/2002 3 STIPULATION and ORDER, the time for defts to answer to the Complaint in this action be extended until after the Court appoints lead plntf and lead counsel purs to a scheduled agreed upon by the parties or otherwise set by the Court ( signed by Judge John S. Martin ) (cd) (Entered: 03/14/2002)

03/12/2002 4 Memo-Endorsement on letter addressed to Judge Martin from Gregory E. Sohns, dated 3/11/02, granting Mr. Sohns application to withdraw the application for the order to show casue directed to Mr. Jeffries ( signed by Judge John S. Martin ); Copies mailed. (cd) (Entered: 03/14/2002)

03/13/2002 5 Letter filed by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, David Askin addressed to Mr. Parkinson, Clerk of Court from Kurt Huciker, dated 3/11/02, re: defendants write to inform the Court that four related actions were subsequently filed in the Southern District of New York. (pl) (Entered: 03/15/2002)

03/28/2002 6 RULE 1.9 CERTIFICATE filed by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, David Askin . (yv) (Entered: 04/01/2002)

04/16/2002 7 NOTICE OF MOTION by Kirk A. Miller, John W. Barickman For an order appointing Kirk A. Miller and John W. Barickman as lead plaintiff , To approve movants selection of Wolf, Hadenstein, Adker, Freeman & Herz as lead counsel , and To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071 . Proposed order attached. No return date indicated. Received in night deposit box on 4/16/02 at 8:43 p.m. (db) Modified on 04/22/2002 (Entered: 04/22/2002)

04/16/2002 8 MEMORANDUM OF LAW by Kirk A. Miller, John W. Barickman in support of [7-1] motion For an order appointing Kirk A. Miller and John W. Barickman as lead plaintiff, [7-2] motion To approve movants selection of Wolf, Hadenstein, Adker, Freeman & Herz as lead counsel, [7-3] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071. Received in night deposit box on 4/16/02 at 8:43 p.m. (db) (Entered: 04/22/2002)

04/16/2002 9 DECLARATION of Gustavo Bruckner by Kirk A. Miller, John W. Barickman in support Re: [7-1] motion For an order appointing Kirk A. Miller and John W.

Barickman as lead plaintiff, [7-2] motion To approve movants selection of Wolf, Hadenstein, Adker, Freeman & Herz as lead counsel, [7-3] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071. Received in night deposit box on 4/16/02 at 8:43 p.m. (db) (Entered: 04/22/2002)

04/16/2002 10 DECLARATION OF SERVICE of motion & supporting documents as to Actrade Financial, Amos Aharoni, Alexander C. Stonkus, David Askin by first class mail to defendants' attorneys' on 4/16/02. Received in night deposit box on 4/16/02 at 8:43 p.m. (db) Modified on 04/22/2002 (Entered: 04/22/2002)

04/16/2002 11 NOTICE OF MOTION by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071 , For an order appointing movants as lead plaintiff , and To approve movants selection of Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. as lead counsel . No return date indicated. Received in night deposit box on 4/16/02 at 7:28 p.m. (db) (Entered: 04/22/2002)

04/16/2002 12 MEMORANDUM OF LAW by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang in support of [11-1] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071, [11-2] motion For an order appointing movants as lead plaintiff, [11-3] motion To approve movants selection of Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. as lead counsel. Received in night deposit box on 4/16/02 at 7:28 p.m. (db) (Entered: 04/22/2002)

04/16/2002 13 DECLARATION of Samuel H. Rudman by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang in support Re: [11-1] motion To consolidate cases 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780 and 02cv2071, [11-2] motion For an order appointing movants as lead plaintiff, [11-3] motion To approve movants selection of Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. as lead counsel. Received in night deposit box on 4/16/02 at 7:28 p.m. (db) (Entered: 04/22/2002)

04/16/2002 15 NOTICE OF MOTION by James E. McGrew, Gregory W. Tramontin; for an order purs. to FRCP 42(a) and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. sec. 78u-4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, to consolidate related actions 02 civ. 1263; 02 civ. 1399; 02 civ. 1491; 02 civ. 1608; 02 civ. 1670; 02 civ. 1780 and 02 civ. 2071 for all purposes ; approving the Movants' selection of the law firms of Shapiro Haber & Urmy LLP and Lowey Dannenberg Bemporad & Selinger, P.C., to serve as Co-Lead Counsel in this action ; for approval of their selection of lead counsel . No

Return Date (ae) (Entered: 04/25/2002)

04/16/2002 16 MEMORANDUM OF LAW by James E. McGrew, Gregory W. Tramontin in support of [15-1] motion for an order purs. to FRCP 42(a) and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. sec. 78u-4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, to consolidate related actions 02 civ. 1263; 02 civ. 1399; 02 civ. 1491; 02 civ. 1608; 02 civ. 1670; 02 civ. 1780 and 02 civ. 2071 for all purposes; [15-2] motion approving the Movants' selection of the law firms of Shapiro Haber & Urmy LLP and Lowey Dannenberg Bemporad & Selinger, P.C., to serve as Co-Lead Counsel in this action; [15-3] motion for approval of their selection of lead counsel. (ae) (Entered: 04/25/2002)

04/16/2002 17 DECLARATION of Theodore M. Hess-Mahan by James E. McGrew, Gregory W. Tramontin in support Re: [15-1] motion for an order purs. to FRCP 42(a) and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. sec. 78u-4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, to consolidate related actions 02 civ. 1263; 02 civ. 1399; 02 civ. 1491; 02 civ. 1608; 02 civ. 1670; 02 civ. 1780 and 02 civ. 2071 for all purposes; [15-2] motion approving the Movants' selection of the law firms of Shapiro Haber & Urmy LLP and Lowey Dannenberg Bemporad & Selinger, P.C., to serve as Co-Lead Counsel in this action; [15-3] motion for approval of their selection of lead counsel. (ae) (Entered: 04/25/2002)

04/18/2002 14 Memo-Endorsement on letter addressed to Judge Martin from Samuel H. Rudman, dated 4/16/02; Re: counsel for Kenneth Qi Ge, Peter Lupo and Zeng Hui Wang request leave from the Court's Individual Practice Rule 2.A., requiring a conference before the filing of motions; a pre-motion conference is not required . ( signed by Judge John S. Martin ); Copies mailed. (pl) (Entered: 04/22/2002)

05/08/2002 18 PRETRIAL ORDER No. 1; that actions 02cv1263, 02cv1399, 02cv1491, 02cv1608, 02cv1670, 02cv1780, 02cv2071, 02cv2930 are consolidated for all purposes pursuant to F.R.C.P. 42(a); a Master Docket is established for the consolidated proceedings in the actions and in all other cases filed in or transferred to this Court and consolidated herewith pursuant to this Order; entries in said Master Docket shall be applicable to the actions as more fully set forth in this Order; a Master File is established for the consolidated proceedings in the actions; the Master File shall be 02-CV-1263 (JSM); the original of this Order shall be filed by the Clerk in the Master File hereby established; the Clerk shall mail a copy of this Order to counsel of record in each of the actions; when a case that relates to the subject matter of the actions, or arises out of the facts or circumstances that are the subject matter of the actions, is hereafter filed in this

Court or transferred here from another Court, the Clerk of the Court shall follow procedures as set forth in this Order; every pleading filed in the actions shall bear the caption as set forth in this Order ; Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang, James E. McGrew and Gregory W. Tramontin are appointed lead plaintiffs in the actions ; the Court appoints the law firms of Milberg Weiss Bershad Hynes & Lerach LLP and Shapiro Haber & Urmy LLP as lead counsel ; no later than 45 days from the date of entry of this Order, the lead plaintiff shall file and serve a Consolidated Class Action Complaint, which shall be deemed the operative complaint in the actions, superseding all previously filed complaints in the actions, to which defendants need not respond . ( signed by Judge John S. Martin ) (kkc) (Entered: 05/08/2002)

05/08/2002 Consolidated Lead Case. (kkc) (Entered: 05/08/2002)

05/09/2002 19 MEMO-ENDORSEMENT on Notice of withdrawal of Kirk A. Miller and John W. Barickman's Notice of Motion for appointment as lead plaintiff, approval of movant's selection of lead counsel, an consolidation of related actions; granted . ( signed by Judge John S. Martin ); Copies mailed. (kw) (Entered: 05/13/2002)

05/16/2002 20 Notice of Case Reassignment to Judge Richard M. Berman . Copy of notice and judge's rules mailed to Attorney(s) of record: Jeanne F. D'Esposito, Richard Bemporad, Andrei V. Rado, Samuel Howard Rudman, Steven G. Schulman, Gustavo Bruckner, Fred Taylor Isquith . (dle) (Entered: 05/29/2002)

05/17/2002 21 Notice of Case Reassignment to Judge Richard M. Berman . Copy of notice and judge's rules mailed to Attorney(s) of record: Jeanne F. D'Esposito, Richard Bemporad, Andrei V. Rado, Samuel Howard Rudman, Steven G. Schulman, Gustavo Bruckner, Fred Taylor Isquith . (gmo) (Entered: 05/31/2002)

06/13/2002 22 Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 06/12/02; reset amended pleadings due for 7/8/02 ; reset answer due for 9/13/02 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial ; ( signed by Judge Richard M. Berman ); Copies mailed. (djc) (Entered: 06/17/2002)

07/01/2002 23 Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 06/28/02; reset amended pleadings due for 7/17/02; answer to amended complaint extended to 09/20/02 ; ( signed by Judge Richard M. Berman ) Copies mailed. (djc) Modified on 07/08/2002 (Entered: 07/02/2002)

07/01/2002 Deadline(s) updated: reset answer due for 9/20/02 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial . (djc) (Entered: 07/08/2002)

07/17/2002 24 AMENDED COMPLAINT by Richard Bowe Roth, Stanley Sved, Ira Arline Berstein, Andrea G. Moore, Daniel Destefano, Richard Grant, Robert Twardy, Daniel Blair, Samuel Koenig (Answer due 7/30/02 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial) amending [2-1] complaint; Summons issued. Received in night deposit box on 7/17/02 at 10:23 p.m. (db) Modified on 07/22/2002 (Entered: 07/22/2002)

09/16/2002 25 Memo-Endorsement on letter addressed to Judge Berman from Thomas G. Shapiro, dated 9/11/02. Re:, counsel for pltffs' on behalf of all parties requests a modification of the schedule for completing the pleadings in this case: pltffs' period of thirty (30) days to file amended complaint and dfts answer to be filed sixty (60) days of the filing of the amended complaint. Pltffs may have a period of twenty (20) days after the filing by Arcade of audited financial statements for its fiscal year ended 6/30/02 in which to file an amended complaint. Dft shall file an answer or otherwise respond to such amended complaint within twenty (20) days of the filing of the amended complaint. As modified. . (signed by Judge Richard M. Berman); Copies mailed. (db) (Entered: 09/17/2002)

09/20/2002 26 NOTICE of attorney appearance for David Askin by Scott Edelman. (sb) (Entered: 09/27/2002)

01/06/2003 27 ORDER TO SHOW CAUSE; Show Cause Hearing set for 10:00 a.m. on 1/31/03 for the law firm of Jenkens & Gilchrist Parker Chapin LLP to withdraw as attorney for Mr. Aharoni ; ( signed by Judge Richard M. Berman ); (djc) (Entered: 01/08/2003)

01/14/2003 28 AFFIDAVIT OF SERVICE of OSC and Declaration of Elliot Cohen as to Amos Aharoni and also to attorney Pinhas Rubin by courier on 1/6/03. (djc) (Entered: 01/21/2003)

01/27/2003 29 Memo-Endorsement on letter addressed to Judge Berman from Amos Aharoni, dated 1/21/03. Re: plaintiff writes requesting a 90 days postponement of all hearing to allow him sufficient time to find an attorney. Sorry, we are going forward on 1/31/03 at 10:00 a.m. I suggest you send counsel or a representative . ( signed by Judge Richard M. Berman ); (kw) (Entered: 01/30/2003)

02/04/2003 30 AFFIDAVIT OF SERVICE of Memo Order by mail on 1/27/03 (cd) (Entered: 02/10/2003)

02/04/2003 31 AFFIDAVIT OF SERVICE of Memo Order by Fed Exp on 1/27/03 . . (cd) (Entered: 02/10/2003)

02/04/2003 32 AFFIDAVIT OF SERVICE of Memo Order by courier, Network Intl on 1/27/03, as to Amos Aharoni (cd) (Entered: 02/10/2003)

02/13/2003 33 Memo-Endorsement on letter addressed to Judge Berman from Amos Aharoni, dated 2/13/03. Re: Amos Aharoni requests that the Court not grant the motion of Jenkens & Gilchrist Parker Chapin LLP to withdraw as his counsel. See Court's prior order . ( signed by Judge Richard M. Berman ); (kw) (Entered: 02/18/2003)

02/13/2003 34 ORDER; that the law firm of Jenkens & Gilchrist Parker Chapin LLP hereby withdraws as counsel for defendant Actrade ; that Paul, Weiss, Rifkind, Wharton & Garrison LLP is substituted as counsel of record for defendant Actrade . ( signed by Judge Richard M. Berman ); (jco) Modified on 02/19/2003 (Entered: 02/18/2003)

02/13/2003 35 Memorandum to Docket Clerk: that a status conference was held on 2/13/03; motion to withdraw as counsel granted; plaintiff to submit: default letter by 3/6/03; motion to amend letter by 2/20/03 . (pl) (Entered: 02/19/2003)

02/13/2003 Status Conference held on 2/13/03 before Judge Richard M. Berman . (pl) (Entered: 02/19/2003)

02/13/2003 36 AFFIDAVIT OF SERVICE of Notice of Hearing as to Amos Aharoni via courier and facsimile on 2/3/03. (djc) (Entered: 02/24/2003)

02/13/2003 37 AFFIDAVIT OF SERVICE of Notice of Hearing as to Amos Aharoni by facsimile on 2/3/03. (djc) (Entered: 02/24/2003)

02/13/2003 38 AFFIDAVIT OF SERVICE of Notice of hearing as to Amos Aharoni by Feeral Express, priority deliv on 2/3/03. (djc) (Entered: 02/24/2003)

02/20/2003 40 SECOND AMENDED COMPLAINT by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang, James E. McGrew, Gregory W. Tramontin (Answer due 3/3/03 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial ) amending [1-1] complaint against Aharoni, Stonkus,

Deloitte & Touche. Summons issued.(Received in the night deposit box on 2/20/03 at 6:41 p.m.). (gf) Modified on 02/27/2003 (Entered: 02/27/2003)

02/26/2003 39 CERTIFICATE OF SERVICE of 2nd Amended Complaint as to Richard Bowe Roth- by Federal Express on 2/26/03 . Answer due on 3/18/03 for Richard Bowe Roth- . (laq) (Entered: 02/27/2003)

03/06/2003 41 NOTICE of attorney appearance for Amos Aharoni by Sigmund S. Wissner-Gross. (cd) (Entered: 03/07/2003)

03/20/2003 42 STIPULATION and ORDER, that the time for defendants Amos Aharoni, for Alexander C. Stonkus, for David Askin, Joseph P. D'Alessandris, for Deloitte & Touche to Answer, move* or otherwise plead with respect to the Second Amended Complaint shall be and the same hereby is extended to and including 5/15/03. *If there's a motion, it needs to be a joint motion of all Defendants embracing all points sought to be raised. See Court's rules re: page limits, double spaced & normal margins . ( signed by Judge Richard M. Berman ). (tp) (Entered: 03/21/2003)

04/01/2003 43 AFFIDAVIT OF SERVICE of second amended summons and complaint as to Deloitte & Touche by Kyle Barrios, Legal Asst on 2/26/03. Answer due on 3/18/03 for Deloitte & Touche. (djc) (Entered: 04/03/2003)

05/07/2003 44 Memo-Endorsement on letter addressed to Judge Berman from John Gardine, dated 5/6/03; Pltff is to respond with 2-3 pp letter by 5/12/03 + counsel thereafter to schedule conference with Deputy. ( signed by Judge Richard M. Berman ); (sac) (Entered: 05/09/2003)

05/12/2003 45 STIPULATION and ORDER; reset answer to secondn amended complaint due for 6/6/03 for Deloitte & Touche, for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni . ( signed by Judge Richard M. Berman ) (djc) (Entered: 05/12/2003)

05/20/2003 46 Memo-Endorsement on letter addressed to Judge Berman from Thomas G. Shapiro, dated 5/16/03. Re: Lead Plaintiffs request a pre-motion conference. Please take up with Magistrate Katz, why is a motion needed (as opposed to this letter & a short response)? . ( signed by Judge Richard M. Berman ); (kw) (Entered: 05/23/2003)

05/23/2003 47 STIPULATION AND ORDER; substituting Friedman, Kaplan, Seiler & Adelan in place of Jenkens & Gilchrist, Parker, Chapin, L.L.P. as counsel of record for

deft Alexander Stonkus. ( signed by Judge Richard M. Berman ) (sac) (Entered: 05/27/2003)

05/23/2003 48 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report and recommendation. Referred to Magistrate Judge Theodore H. Katz. ( signed by Judge Richard M. Berman ) (sac) (Entered: 05/27/2003)

05/28/2003 PRETRIAL CONFERENCE before Judge Richard M. Berman . (ad) (Entered: 06/06/2003)

05/28/2003 49 Memorandum to Docket Clerk: Joint motion to be filed by 6/30/03, response by 8/14/03 and reply due 9/12/03. (ad) (Entered: 06/06/2003)

07/03/2003 50 NOTICE OF MOTION (FILED ON SERVICE DATE) by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, and Deloitte & Touche, to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6) . No Return Date. Declaration of John Gardiner in support. (Rec. in the night deposit box). (kw) Modified on 07/08/2003 (Entered: 07/08/2003)

07/03/2003 51 MEMORANDUM OF LAW by Actrade Financial, Amos Aharoni, Alexander C. Stonkus, Deloitte & Touche in support of [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). (Rec. in the night deposit box). (kw) (Entered: 07/08/2003)

07/10/2003 52 DECLARATION of Stacey J. Rappaport by David Askin in support Re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6) . (yv) (Entered: 07/11/2003)

08/13/2003 53 Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 8/11/03, Plntf's Response to Motion reset for 8/19/03 re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6) ( signed by Judge Richard M. Berman ); (cd) (Entered: 08/14/2003)

08/19/2003 54 Memo-Endorsement on letter addressed to Judge Berman from Clifford S. Goodstein, dated 8/18/03; plaintiffs response to motion reset for 8/21/03 re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6) . ( signed by Judge Richard M. Berman ); (pl) (Entered: 08/20/2003)

08/21/2003 55 MEMORANDUM OF LAW by Richard Bowe Roth-, Stanley Sved, Ira Arline Berstein, Andrea G. Moore, Daniel Destefano, Richard Grant, Robert Twardy,

Daniel Blair, Samuel Koenig in opposition to [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). (Received in night deposit box on 8/21/03, at 11:03 p.m.) (tp) (Entered: 08/25/2003)

09/05/2003 56 Memo-Endorsement on letter addressed to Judge Berman from Jeremy A. Berman, dated 9/4/03. Counsel for defendants request an extension of time to file our reply brief until 9/19/03. Extension granted. ( signed by Judge Richard M. Berman ) (sb) (Entered: 09/08/2003)

09/22/2003 57 Memo-Endorsement on letter addressed to Judge Berman from John L. Gardiner, dated 9/17/03; granting dft's requests for an extension of time to file the corrdinated reply brief and an enlargement of the page limitation on defendants' combined reply memorandum of law . ( signed by Judge Richard M. Berman ); (pl) (Entered: 09/24/2003)

09/24/2003 58 REPLY MEMORANDUM by Amos Aharoni, Alexander C. Stonkus, David Askin, Joseph P. D'Alessandris, Deloitte & Touche in support re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6) . Received in night deposit on 9/24/03 at 8:09 p.m. (moc) (Entered: 09/29/2003)

09/24/2003 59 DECLARATION of Jeremy A. Berman by Amos Aharoni, Alexander C. Stonkus, David Askin, Joseph P. D'Alessandris, Deloitte & Touche in support Re: [50-1] motion to dismiss the second amended complaint pursuant to FRCP 9(b) and 12(b)(6). Received in night deposit on 9/24/03 at 8:09 p.m. (moc) (Entered: 09/29/2003)

11/17/2003 60 ORDER, that the court invites relevant submissions from the parties which should be no more than three pages in length, double spaced and delivered to Room 201 of 40 Centre Street by noon on 11/18/03 . ( signed by Judge Richard M. Berman ); (dle) (Entered: 11/19/2003)

11/19/2003 61 Notice of Case reassignment to Judge Richard J. Holwell . Copy of notice and judge's rules mailed to Attorney(s) of record: Jeanne F. D'Esposito, Richard Bemporad, Andrei V. Rado, Samuel Howard Rudman, Steven G. Schulman, Gustavo Bruckner, Fred Taylor Isquith, Scott Edelman, Paul J. Fishman, Sigmund S. Wissner-Gross, Daniel J. Leffell . (gf) (Entered: 11/22/2003)

01/23/2004 62 Defendants' combined memorandum of law in RESPONSE to the court's 1/21/04 Order. Document filed by Actrade Financial Technologies, Ltd., Amos Aharoni, Aharoni, Stonkus, Askin And D'Alessandris, David Askin, Deloitte & Touche

LLP, Alexander C. Stonkus. (jco, ) (Entered: 01/27/2004)

01/23/2004 63 DECLARATION of Jeremy A. Berman in further Support of defendants' combined memorandum of law in response to the Court's 1/21/04 Order. (jco, ) (Entered: 01/27/2004)

01/23/2004 64 Letter addressed to Judge Richard M. Berman from Clifford S. Goodstein dated 1/23/04 re: Counsel from the Firm Milberg, Weiss, Bershad, Hynes & Lerach, LLP writes in response to Order dated 1/21/04. (jco, ) (Entered: 01/27/2004)

02/03/2004 65 ENDORSED LETTER addressed to Judge Berman from Clifford S. Goodstein dated 1/22/2004 re: Extension of time to respond to Court's order. The Court denies the request. Sorry no extensions. If you can't respond in the time and pages alloted, we all have bigger problems that I care to imagine.. (Signed by Judge Richard M. Berman on 1/23/2004) Associated Cases: 1:02-cv-01263-RJH-THK,1:02-cv-01399-RMB,1:02-cv-01491-RMB,1:02-cv-01608-RMB,1:02-cv-01670-RMB, 1:02-cv-01780-RMB,1:02-cv-02071-RMB,1:02-cv-02930-RMB(jsa, ) (Entered: 02/09/2004)

02/13/2004 66 ORDER; granting 50 Motion to Dismiss and Plaintiffs are granted leave to file an amended complaint. Counsel are requested to appear at a status/scheduling conference with the Court on 4/23/04, @2:00 p.m., in Courtroom 706 of the Thurgood Marshall Courthous, 40 Centre St, N.Y.C.. Counsel may write to the Court to requests an earlier conference. . (Signed by Judge Richard M. Berman on 2/11/04) (pl, ) (Entered: 02/18/2004)

02/13/2004 Set/Reset Scheduling Order Deadlines: Status/Scheduling Conference set for 4/23/2004 02:00 PM before Richard J. Holwell. (pl, ) (Entered: 02/18/2004)

03/30/2004 67 ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 3/29/2004 re: extension until 5/28/2004 to file and amended complaint. The application is granted. (Signed by Judge Richard M. Berman on 3/30/2004) Filed In Associated Cases: 1:02-cv-01263-RJH-THK,1:02-cv-01399-RMB,1:02-cv-01491-RMB,1:02-cv-01608-RMB,1:02-cv-01670-RMB, 1:02-cv-01780-RMB,1:02-cv-02071-RMB,1:02-cv-02930-RMB(jsa, ) (Entered: 03/31/2004)

04/02/2004 68 TRANSCRIPT of proceedings held on 2/10/2004 before Judge Richard M. Berman.(jp, ) (Entered: 04/02/2004)

04/13/2004 69 NOTICE OF CASE REASSIGNMENT to Judge Richard M. Berman. Judge

Richard J. Holwell no longer assigned to the case. (jjm, ) (Entered: 04/13/2004)

04/13/2004 Mailed notice to the attorney(s) of record. (jjm, ) (Entered: 04/13/2004)

04/22/2004 70 ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 04/13/04 re: counsel requests that the status/scheduling conference be rescheduled; Granted conference reset to 06/23/04 at 9:30 a.m.. Status Conference set for 6/23/2004 09:30 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 04/21/04) (djc, ) (Entered: 04/23/2004)

04/26/2004 71 AFFIDAVIT OF SERVICE of Summons and Second Amended Complaint. Amos Aharoni served on 4/19/2004, answer due 5/10/2004. Service was accepted by Amos Aharoni. Document filed by Lead Counsel for the Plaintiffs. (sac, ) (Entered: 05/07/2004)

05/10/2004 72 ENDORSED LETTER addressed to Judge Berman from Sigmund S. Wissner-Gross dated 5/7/04 re: request for permission to have until 6/4/04 to file a response to the Summons and Second Amended Complaint. So Ordered as to 6/4/04 (only) (Signed by Judge Richard M. Berman on 5/7/04) Filed In Associated Cases: 1:02-cv-01263-THK,1:02-cv-01399-RMB,1:02-cv-01491-RMB,1:02-cv-01608-RMB,1:02-cv-01670-RMB, 1:02-cv-01780-RMB,1:02-cv-02071-RMB,1:02-cv-02930-RMB(yv, ) (Entered: 05/11/2004)

05/10/2004 Set Answer Due Date purs. to 72 Endorsed Letter, as to Amos Aharoni answer due on 6/4/2004. (yv, ) (Entered: 05/11/2004)

05/14/2004 73 MEMO ENDORSEMENT on Notice of Dismissal of action against dft. David J. Askin, pursuant to Rule 41(a)(1)(i) of the F.R.C.P. with prejudice and without costs. (Signed by Judge Richard M. Berman on 5/13/04) (pl, ) (Entered: 05/17/2004)

05/25/2004 74 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 5/20/04 re: a settlement agreement in principle has been reached, parties hope to submit agreement before the scheduled 6/23/04 status conference. Application GRANTED. (Signed by Judge Richard M. Berman on 5/24/04) (db, ) (Entered: 05/26/2004)

05/26/2004 75 NOTICE of Change of Address by Theodore M. Hess-Mahan, Thomas G. Shapiro on behalf of Ira Arline Berstein, Daniel Blair, Daniel Destefano, Richard Grant, Samuel Koenig, Andrea G. Moore, Richard Bowe Roth-IRA, Stanley Sved, Robert Twardy. New Address: Shapiro, Haber & Urmy, L.L.P., Exchange Place,

53 State Street, Boston, Massachusettes, 02109. (jco, ) (Entered: 06/01/2004)

06/17/2004 76 ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 06/15/04 re: counsel requests an adjournment of status conference; Conference is adjourned to July 21, 2004 at 9:00a.m. (Signed by Judge Richard M. Berman on 6/16/04) (djc, ) (Entered: 06/18/2004)

06/17/2004 Set Deadlines/Hearings: Status Conference set for 7/21/2004 09:00 AM before Judge Richard M. Berman. (djc, ) (Entered: 06/18/2004)

07/15/2004 77 ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 7/14/2004 re: adjourn status conference until 8/11/2004 at 2:00pm. Application granted. (Signed by Judge Richard M. Berman on 7/15/2004) (Entered: 07/16/2004)

07/15/2004 Set/Reset Hearings: Status Conference set for 8/11/2004 02:00 PM before Judge Richard M. Berman. (jsa, ) (Entered: 07/16/2004)

08/10/2004 78 ENDORSED LETTER addressed to Judge Berman from Thomas G. Shapiro dated 8/6/04; the 8/11 status conference is adjourned to 9/24/04 at 9:00 am. (Signed by Judge Richard M. Berman on 8/9/04) (cd, ) (Entered: 08/13/2004)

09/23/2004 79 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 9/22/04 re: request that the Status Conference presently set for 9/24/04 be continued to a date convenient to the Court on or after 10/12/04 (Other than 10/19/04). Application Granted. Adjourned to 10/26/04 at 9:30 AM. Status Conference set for 10/26/2004 09:30 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 9/21/04) Filed In Associated Cases: 1:02-cv-01263-RMB-THK,1:02-cv-01399-RMB,1:02-cv-01491-RMB,1:02-cv-01608-RMB,1:02-cv-01670-RMB, 1:02-cv-01780-RMB,1:02-cv-02071-RMB,1:02-cv-02930-RMB(dfe, ) (Entered: 09/24/2004)

01/11/2005 80 ENDORSED LETTER addressed to Judge Richard M. Berman dated 1/10/05 Status Conference set for 3/16/2005 at 2:30 PM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 1/11/05) (sac, ) (Entered: 01/13/2005)

03/02/2005 81 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas Shapiro dated 3/1/05 re: counsel for plaintiffs request that the status conference be adjourned to 4/12/05, 4/15/05 or 4/20/05. 4/15/05 @ 9:30. So Ordered. (Signed by Judge Richard M. Berman on 3/2/05) (dle, ) (Entered: 03/07/2005)

03/02/2005 Set/Reset Hearings: Status Conference set for 4/15/2005 09:30 AM before Judge Richard M. Berman. (dle, ) (Entered: 03/07/2005)

04/07/2005 82 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 4/6/05 re: requesting that the conference scheduled for 4/15/05 be adjourned. 6/28/05 at 10:00 a.m. (Signed by Judge Richard M. Berman on 4/7/05) (kw, ) (Entered: 04/08/2005)

04/07/2005 Set Deadlines/Hearings: Status Conference set for 6/28/2005 at 10:00 AM before Judge Richard M. Berman. (kw, ) (Entered: 04/08/2005)

06/22/2005 83 STIPULATION AND ORDER; substituting Troutman Sanders LLP in place of Jenkens & Gilchrist Parker Chapin LLP as counsel for Defendant Joseph D'Alessandris. (Signed by Judge Richard M. Berman on 6/22/05) (sac, ) (Entered: 06/23/2005)

06/24/2005 84 ENDORSED LETTER addressed to Judge Richard M. Berman from Theodore M. Hess-Mahan dated 6/22/05; Status Conference set for 9/7/2005 at 12:00 PM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 6/22/05) (sac, ) (Entered: 06/27/2005)

09/06/2005 85 ENDORSED LETTER addressed to Judge Richard M. Berman from Michael H. Blauner dated 9/6/05 re: request for the status conference hearing to be rescheduled. ENDORSEMENT: Adjourned to 9/16/05 @ 9:15 AM. (Signed by Judge Richard M. Berman on 9/6/05) (kco, ) (Entered: 09/07/2005)

09/16/2005 86 ENDORSED LETTER addressed to Judge Richard M. Berman from Theodore M. Hess-Mahan dated 9/15/05 re: a request for adjournment of the status conference presently scheduled for 9/16/05. ENDORSEMENT: 10/27/2005 at 9:15 AM (Signed by Judge Richard M. Berman on 9/15/05) (kco, ) (Entered: 09/19/2005)

10/26/2005 87 ENDORSED LETTER: addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 10/24/2005 re: the parties join in requesting an adjournment of the status conference from 10/27/2005 to a date in January 2006. ENDORSEMENT: 1/19/2006 at 10:00 A.M. (Signed by Judge Richard M. Berman on 10/25/2005) (lb, ) (Entered: 10/26/2005)

01/18/2006 88 ENDORSED LETTER: addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 1/13/2006 re: requesting an adjournment of the status conference from 1/19/2006 to a date in the last week of March or in early April 2006. ENDORSEMENT: Adjourned to 4/4/2006 at 9:15. (Signed by Judge Richard M.

Berman on 1/17/2006) (lb, ) (Entered: 01/19/2006)

01/18/2006 Set Deadlines/Hearings: Status Conference set for 4/4/2006 at 09:15 AM before Judge Richard M. Berman. (lb, ) (Entered: 01/19/2006)

06/21/2006 89 TRANSCRIPT of proceedings held on 4/9/06 before Judge Richard M. Berman. (tro, ) (Entered: 06/21/2006)

10/11/2006 90 ENDORSED LETTER addressed to Judge Berman from Thomas Shapiro dated 10/6/06: granting an adjounment of the 10/20 status conference to 2/7/07 at 9:30 am. (Signed by Judge Richard M. Berman on 10/11/06) (cd, ) Modified on 11/16/2006 (rt, ). (Entered: 10/11/2006)

10/11/2006 Set/Reset Scheduling Order Deadlines: Status Conference set for 2/7/2006 09:30 AM before Judge Richard M. Berman. (cd, ) (Entered: 10/11/2006)

02/06/2007 91 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas Shapiro dated 1/25/07 re: counsel for all parties request that the status conference be adjourned. The clerk is respectfully requested to place this matter on the suspense calendar. (Counsel to advise the court when the case is ready for further action here.) (Signed by Judge Richard M. Berman on 2/6/07) (dle) (Entered: 02/06/2007)

05/08/2008 92 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 1/29/08 re: The previous deadline of December 31, 2007 for completion of fact discovery has been extended by stipulation with respect to the depositions of three individuals, two of whom have been sentenced; inspection of the Allou mainframe computer, which is in the possession of the United States Attorney's Office ; and depositions of experts. No deadline for completion of this discovery has been set. I will continue to monitor that proceeding and report to the Court periodically. ENDORSEMENT: Please provide an updated status by 5/13 including road map for concluding this case quickly. So Ordered. (Signed by Judge Richard M. Berman on 5/8/08) (js) (Entered: 05/08/2008)

05/20/2008 93 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 5/19/08 re: Counsel requests that plaintiff be granted until 5/26/08 to submit a updated status. ENDORSEMENT: Application Granted. (Is that why the case is taking so long?). ( Status Report due by 5/26/2008.) (Signed by Judge Richard M. Berman on 5/20/08) (tro) (Entered: 05/20/2008)

05/27/2008 94 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 5/23/2008 re: Counsel writes to respectfully request that the plaintiffs be granted until 6/27 to submit a status report outlining their progress toward finding a resolution to conclude this case. ENDORSEMENT: Final extension granted to 6/27/2008. (Going forward, it is not necessary to interject personal concerns). This is a matter that could and should have been resolved well before now if counsel were diligent and serious. Be on notice that 6/27/08 is a real deadline. ( Status Report due by 6/27/2008.) (Signed by Judge Richard M. Berman on 5/27/2008) (tve) (Entered: 05/27/2008)

07/08/2008 95 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 6/26/08 re: Counsel for Plaintiffs to provide a further status report pursuant to the Court's orders of 5/8/08 and 5/27/08. Plaintiffs request a status conference with the Court in order to answer any questions the Court may have and so that all parties can advise the Court of their respective positions and seek the Court's assistance in reaching a prompt resolution of the case. ENDORSEMENT: Conference on 7/24/08 @ 11:00. ( Status Conference set for 7/24/2008 at 11:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 7/8/08) (tro) (Entered: 07/09/2008)

07/24/2008 Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 7/24/2008. Case continues on the suspense docket; letter to be submitted to Court by 9/10/2008 re: status (jpo) (Entered: 07/28/2008)

08/05/2008 96 TRANSCRIPT of proceedings held on 7/24/08 before Judge Richard M. Berman. (ama) (Entered: 08/05/2008)

08/12/2008 97 MOTION for Thomas G. Shapiro to Appear Pro Hac Vice. Document filed by James E. McGrew, Gregory W. Tramontin, Richard Bowe Roth-IRA.(dle) (Entered: 08/20/2008)

08/26/2008 98 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 97 Motion for Thomas G. Shapiro to Appear Pro Hac Vice. Thomas G. Shapiro is admitted to practice pro hac vice as counsel for Plaintiffs in the above captioned case. (Signed by Judge Richard M. Berman on 8/26/08) (tro) (Entered: 08/26/2008)

08/26/2008 Transmission to Attorney Admissions Clerk. Transmitted re: 98 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) (Entered: 08/26/2008)

11/14/2008 99 ADMINISTRATIVE ORDER The parties are hereby directed to file a joint letter on or before November 21, 2008 updating the Court as to the status of settlement and bankruptcy proceedings. (Signed by Judge Richard M. Berman on 11/14/08) (mme) (Entered: 11/14/2008)

01/14/2009 100 ENDORSED LETTER addressed to Judge Richard M. Berman from Philip D. Anker dated 1/13/2009 re: I write on behalf of non-party John Meer (Trustee), as the trustee of the Actrade Liquidation Trust (the "Trust"), the trust created under the confirmed Chapter 11 plan of Actrade Financial Technologies Ltd. and Actrade Capital Inc. (collectively, "Actrade"), to provide an update on the status of the above-referenced action (the "Action"). As You Honor is aware, Actrade is not a party to the Action because, on December 12,2002, it filed for protection under Chapter 11 of the United States Bankruptcy Code. On behalf of the Trustee, we filed a status report on November 21, 2008 that outlined for Your Honor certain contingencies that have delayed concluding any settlement of this matter. (For Your Honor's convenience, we attach a copy of that status report.) ENDORSEMENT: Keep us posted on developments in the Bankruptcy Court. SO ORDERED. (Signed by Judge Richard M. Berman on 1/14/2009) (jmi) (Entered: 01/14/2009)

03/11/2010 101 ADMINISTRATIVE ORDER, the parties are hereby directed to file a joint letter on or before 3/18/10 updating the Court as to the status of settlement and bankruptcy proceedings. ( Status Report due by 3/18/2010.) (Signed by Judge Richard M. Berman on 3/11/10) (cd) (Entered: 03/11/2010)

03/12/2010 102 ENDORSED LETTER addressed to Judge Richard M. Berman from Clifford S. Goodstein dated 3/12/10 re: co-counsel for the class plaintiffs, received yesterday your administrative order directing the parties to file a joint letter by March 18, 2010, updating the Court on settlement and bankruptcy issues. We are writing to request a short extension until March 30, 2010, to file our joint letter. ENDORSEMENT: Application Granted. (Signed by Judge Richard M. Berman on 3/12/10) (pl) (Entered: 03/12/2010)

03/30/2010 103 LETTER addressed to Judge Richard M. Berman from Philip D. Anker dated 3/30/2010 re: Counsel write on behalf of non-party Jonah Meer, as the trustee of the Actrade Liquidation Trust, the trust under the confirmed Chapter 11 plan of Actrade Financial Technologies Ltd. and Actrade Capital Inc., to provide an update on the status of the above-referenced action and the bankruptcy proceedings. (tro) (Entered: 04/01/2010)

09/03/2010 104 ADMINISTRATIVE ORDER the parties are directed to file a joint letter on or before 9/17/10 updating the Court as to the status of bankruptcy proceedings,

including resolution of the senior claims mentioned in the 3/30/10 letter to the Court. ( Status Report due by 9/17/2010.) (Signed by Judge Richard M. Berman on 9/3/10) (cd) (Entered: 09/07/2010)

09/20/2010 105 LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 9/16/10 re: I submit this report as directed by the Administrative order of 9/13 and to inform Your Honor about important recent developments. Document filed by Richard Bowe Roth-IRA.(mro) (Entered: 09/21/2010)

09/22/2010 106 ADMINISTRATIVE ORDER Settlement Conference with principals set for Wednesday 10/13/2010 at 09:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. Parties are instructed to engage in good faith settlement negotiations prior to the conference. (Signed by Judge Richard M. Berman on 9/22/10) (cd) (Entered: 09/22/2010)

10/05/2010 107 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 10/4/10 re: counsel for plaintiff writes that there is a settlement conference scheduled for October 13, 2010 at 9:00 a.m. pursuant to your Honor's Order of September 22. I am writing to request that the conference be rescheduled to 11 :00 a.m. on October 13, as I will be flying down from Boston for the conference. ENDORSEMENT: the conference on 10/13/10 at 9:00 a.m. is adjourned to 10/13/10 at 11:30 a.m. (Signed by Judge Richard M. Berman on 10/5/10) (pl) (Entered: 10/05/2010)

10/08/2010 108 ENDORSED LETTER addressed to Judge Richard M. Berman from Sigmund S. Wissner-Gross dated 10/7/10 re: Regarding the agreement that counsel will attend on behalf of their respective clients and will have full authority with respect to this matter; and clients will be available by phone if, for any reason, necessary. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Richard M. Berman on 10/8/10) (db) (Entered: 10/08/2010)

10/13/2010 Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 10/13/2010. Amended Complaint to be filed by 11/15/10. (mro) (Entered: 10/14/2010)

10/22/2010 109 ENDORSED LETTER addressed to Judge Richard M. Berman from Thomas G. Shapiro dated 10/21/10 re: Counsel for plaintiffs request an extension of time to file their Amended Complaint from November 15, 2010 to December 15, 2010. ENDORSEMENT: Application granted. Plaintiffs time to file an amended complaint is extended to 12/15/10. ( Amended Pleadings due by 12/15/2010.) (Signed by Judge Richard M. Berman on 10/22/10) (mro) (Entered: 10/22/2010)

11/09/2010 110 NOTICE OF APPEARANCE by Jeremy A. Berman on behalf of Deloitte & Touche LLP (mro) (Entered: 11/10/2010)

11/09/2010 111 NOTICE OF APPEARANCE by Edward Jay Yodowitz on behalf of Deloitte & Touche LLP (mro) (Entered: 11/10/2010)

12/15/2010 112 THIRD AMENDED COMPLAINT amending 40 Amended Complaint, against Actrade Financial Technologies, Ltd., Amos Aharoni, Aharoni, Stonkus, Askin And D'Alessandris, Deloitte & Touche LLP, Alexander C. Stonkus.Document filed by Richard Bowe Roth-IRA. Related document: 40 SECOND AMENDED COMPLAINT by Kenneth Qi Ge, Peter Lupo, Zeng Hui Wang, James E. McGrew, Gregory W. Tramontin (Answer due 3/3/03 for Joseph P. D'Alessandris, for David Askin, for Alexander C. Stonkus, for Amos Aharoni, for Actrade Financial ) amen ding [1-1] complaint against Aharoni, Stonkus, Deloitte & Touche..(mbe) (Entered: 12/16/2010)

12/15/2010 113 NOTICE OF APPEARANCE by Jay B. Kasner on behalf of Deloitte & Touche LLP (mro) (Entered: 12/16/2010)

12/28/2010 114 AMENDED STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and between the undersigned attorneys for the respective parties hereto that the time of Defendants Amos Aharoni, Alexander Stonkus, Joseph P. D'Alessandris and Deloitte & Touche LLP to answer, move or otherwise respond with respect to the Third Amended Complaint in the above-captioned action, shall be and the same hereby is extended to and including Feb. 2, 2011, from its original date of January 3, 2011. This is the first extension sought by the Defendants with respect to the Third Amended Complaint and is being requested with the consent of Plaintiffs.(Amos Aharoni answer due 2/2/2011; Joseph P. D'Alessandris answer due 2/2/2011; Deloitte & Touche LLP answer due 2/2/2011; Alexander C. Stonkus answer due 2/2/2011.) (Signed by Judge Richard M. Berman on 12/27/10) (mro) (Entered: 12/28/2010)

01/11/2011 115 ENDORSED LETTER addressed to Judge Richard M. Berman from Jay B. Kasner dated 1/10/11 re: On behalf of Deloitte & Touche, counsel requests a pre-motion conference in connection with defendants' anticipated motion to dismiss the Third Amended Complaint with prejudice. ENDORSEMENT: Plaintiff to respond by 1/20/11. A pre-motion conference is scheduled fort 1/24/11 at 9:00 a.m. ( Responses due by 1/20/2011, Pre-Motion Conference set for 1/24/2011 at 09:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 1/12/11) (djc) (Entered: 01/13/2011)

01/19/2011 116 TRANSCRIPT of proceedings held on 10/13/2010 before Judge Richard M. Berman. (mbe) (Entered: 01/20/2011)

01/20/2011 117 RESPONSE re: 115 Endorsed Letter, Set Deadlines/Hearings,,,,. Document filed by Kenneth Qi Ge, Peter Lupo, Gregory W. Tramontin, Zeng Hui Wang. (Shapiro, Thomas) (Entered: 01/20/2011)

01/21/2011 118 SUGGESTION OF DEATH upon the record. Document filed by Estate of Joseph D'Alessandris(Bost-Seaton, Christina) (Entered: 01/21/2011)

01/21/2011 119 NOTICE OF APPEARANCE by Christina Bost-Seaton on behalf of Estate of Joseph D'Alessandris (Bost-Seaton, Christina) (Entered: 01/21/2011)

01/21/2011 120 NOTICE OF APPEARANCE by Elliot Cohen on behalf of Estate of Joseph D'Alessandris (Cohen, Elliot) (Entered: 01/21/2011)

01/24/2011 Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 1/24/2011. Jt. Motion to dismiss by 2/18/11-30 pp. Response by 4/7/11-30 pp. Reply by 4/28/11. Motion to be decided on papers submitted. (mro) (Entered: 01/25/2011)

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u.s. district court southern district of new york (foley...

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