u.s. district court western district of kentucky (bowling...

US District Court Civil Docket as of 04/07/2006 Retrieved from the court on Monday, April 10, 2006

U.S. District Court Western District of Kentucky (Bowling Green)

CIVIL DOCKET FOR CASE #: 1:98-cv-00099-JHM

New England Health v. Fruit of the Loom, et al Assigned to: Judge Joseph H. McKinley, Jr Demand: $0 Cause: 15:78m(a) Securities Exchange Act

Date Filed: 07/01/1998 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff New England Health Care Employees Pension Fund On behalf of itself and all others similarly situated

represented by Amber L. Eck Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED Arthur C. Leahy Milberg, Weiss, Bershad, Hynes & Lerach 401 B Street Suite 1700 San Diego, CA 92101 619-231-1058 Fax: 231-7423 TERMINATED: 05/14/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Beverly R. Storm Arnzen, Wentz, Molloy, Laber & Storm PSC 600 Greenup Street P.O. Box 472 Covington, KY 41012-0472 859-431-6100 Fax: 859-431-3778 LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel S. Drosman

Milberg, Weiss, Bershad, Hynes & Lerach 401 B Street Suite 1700 San Diego, CA 92101 619-231-1058 Fax: 231-7423 TERMINATED: 05/14/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Henry Rosen Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED John D. Bandiera Lerach Coughlin Stoia Geller Rudman & Robbins LLP 401 B Street Suite 1700 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED Keith F. Park Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 LEAD ATTORNEY ATTORNEY TO BE NOTICED Liana A. Larson Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423

LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Solomon Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald R. Parry Parry, Deering, Futscher & Sparks PSC 411 Garrad Street P.O. Box 2618 Covington, KY 41012-2618 859-291-9000 Fax: 859-291-9300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Sangeeta G. Patel Milberg, Weiss, Bershad, Hynes & Lerach 401 B Street Suite 1700 San Diego, CA 92101 619-231-1058 Fax: 231-7423 TERMINATED: 05/14/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen B. Catron Lewis, King, Krieg, Waldrop & Catron P.O. Box 1220 918 State Street Bowling Green, KY 42101 270-842-1050 Fax: 842-4720 TERMINATED: 08/16/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Valerie McLaughlin Lerach Coughlin Stoia Geller Rudman & Robbins LLP

655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED William S. Lerach Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 W. Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Fruit of the Loom, Inc. represented by Charles E. English, Jr. English, Lucas, Priest & Owsley LLP 1101 College Street P.O. Box 770 Bowling Green, KY 42102-0770 270-781-6500 Fax: 270-782-7782 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles E. English, Sr. English, Lucas, Priest & Owsley LLP 1101 College Street P.O. Box 770 Bowling Green, KY 42102-0770 270-781-6500 Fax: 270-782-7782 Email: [email protected] TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol Katten, Muchin & Zavis 525 W. Monroe Street Suite 1600

Chicago, IL 60661 312-902-5200 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy Katten, Muchin & Zavis 525 W. Monroe Street Suite 1600 Chicago, IL 60661 312-902-5200 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L. Bashwiner Katten, Muchin & Zavis 525 W. Monroe Street Suite 1600 Chicago, IL 60661 312-902-5200 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

William Farley represented by Charles E. English, Sr. (See above for address) TERMINATED: 12/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol (See above for address) TERMINATED: 12/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) TERMINATED: 12/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard L. Fenton Sonnenschein, Nath & Rosenthal 233 S. Wacker Drive 8000 Sears Tower Chicago, IL 60606 312-876-800 Fax: 876-7934

LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L. Bashwiner (See above for address) TERMINATED: 12/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Tamara Meyer Sonnenschein Nath & Rosenthal LLP 233 W. Wacker Drive 8000 Sears Tower Chicago, IL 60606 LEAD ATTORNEY ATTORNEY TO BE NOTICED Timothy L. Edelen Bell, Orr, Ayers & Moore, PSC 1010 College Street P.O. Box 738 Bowling Green, KY 42102-0738 270-781-8111 Fax: 270-781-9027 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Bernhard Hansen represented by Charles E. English, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles E. English, Sr. (See above for address) TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven L. Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Richard C. Lappin represented by Charles E. English, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles E. English, Sr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED E. Kenly Ames English, Lucas, Priest & Owsley LLP 1101 College Street P.O. Box 770 Bowling Green, KY 42102-0770 270-781-6500 Fax: 270-782-7782 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Regina A. Jackson English, Lucas, Priest & Owsley LLP 1101 College Street P.O. Box 770 Bowling Green, KY 42102-0770 270-781-6500 Fax: 270-782-7782 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven L. Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

G. William Newton represented by Charles E. English, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles E. English, Sr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED E. Kenly Ames (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Regina A. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L. Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Burgess D. Ridge represented by Charles E. English, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles E. English, Sr.

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED E. Kenly Ames (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Regina A. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L. Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Larry K. Switzer represented by Charles E. English, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles E. English, Sr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED E. Kenly Ames (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Regina A. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L. Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

John Wigodsky represented by Charles E. English, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles E. English, Sr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED E. Kenly Ames (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl L. Barnickol (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Regina A. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L. Bashwiner (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

ThirdParty Plaintiff

John Wigodsky TERMINATED: 07/27/2004

represented by Charles E. English, Jr. (See above for address) ATTORNEY TO BE NOTICED Charles E. English, Sr. (See above for address) ATTORNEY TO BE NOTICED E. Kenly Ames (See above for address) ATTORNEY TO BE NOTICED Regina A. Jackson (See above for address) ATTORNEY TO BE NOTICED


Larry K. Switzer TERMINATED: 07/27/2004



Burgess D. Ridge TERMINATED: 07/27/2004

represented by Charles E. English, Jr. (See above for address) ATTORNEY TO BE NOTICED Charles E. English, Sr. (See above for address) ATTORNEY TO BE NOTICED E. Kenly Ames

(See above for address) ATTORNEY TO BE NOTICED Regina A. Jackson (See above for address) ATTORNEY TO BE NOTICED


G. William Newton TERMINATED: 07/27/2004



Richard C. Lappin TERMINATED: 07/27/2004


V.

ThirdParty Defendant

Westport Insurance Corporation TERMINATED: 07/27/2004

represented by Hillary P. Krantz Baker & McKenzie

130 E. Randolph Drive One Prudential Plaza Suite 3500 Chicago, IL 60601 312-861-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Penny Travelsted Crocker Law Office, PLLC 558 E. Tenth Street P.O. Box 187 Bowling Green, KY 42102-0187 270-846-3100 Fax: 270-846-3131 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert M. Spalding Baker & McKenzie 130 E. Randolph Drive One Prudential Plaza Suite 3500 Chicago, IL 60601 312-861-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald L. Ohren Baker & McKenzie 130 E. Randolph Drive One Prudential Plaza Suite 3500 Chicago, IL 60601 312-861-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Genesis Insurance Company TERMINATED: 07/27/2004

represented by David J. Hale Reed Weitkamp Schell & Vice PLLC 500 W. Jefferson Street Suite 2400 Louisville, KY 40202 502-589-1000 Fax: 502-562-2200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Hensler Hogan & Hartson LLP 555 Thirteenth Street, NW Columbia Square Washington, DC 20004-1109 202-637-5600 Fax: 202-637-5910 LEAD ATTORNEY ATTORNEY TO BE NOTICED Deborah L. Boardman Hogan & Hartson LLP 555 Thirteenth Street, NW Columbia Square Washington, DC 20004-1109 202-637-5600 Fax: 202-637-5910 LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter R. Bisio Hogan & Hartson LLP 555 Thirteenth Street, NW Columbia Square Washington, DC 20004-1109 202-637-5600 Fax: 202-537-5910 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Underwriters of Lloyds of London TERMINATED: 07/27/2004

represented by Nancy K. Tordai Hanson Peters Nye 1301 S. Grove Avenue Suite 200 Barrington, IL 60010 847-277-9988 Fax: 847-277-7339 LEAD ATTORNEY ATTORNEY TO BE NOTICED R. Michael Sullivan Sullivan, Mountjoy, Stainback & Miller, P.S.C. 100 St. Ann Street P.O. Box 727 Owensboro, KY 42302-0727 270-926-4000

Fax: 270-683-6694 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert B. Fish Hanson Peters Nye 1301 S. Grove Avenue Suite 200 Barrington, IL 60010 847-277-9988 Fax: 847-277-7339 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald M. Sullivan Sullivan, Mountjoy, Stainback & Miller, P.S.C. 100 St. Ann Street P.O. Box 727 Owensboro, KY 42302-0727 270-926-4000 Fax: 270-683-6694 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


National Union Fire Insurance Company of Pittsburgh, PA TERMINATED: 07/27/2004

represented by Charles S. Cassis Frost Brown Todd LLC 400 W. Market Street 32nd Floor Louisville, KY 40202 502-589-5400 Fax: 502-581-1087 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas W. Langdon Frost Brown Todd LLC 400 W. Market Street 32nd Floor Louisville, KY 40202 502-589-5400 Fax: 581-1087 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathy P. Holder Frost Brown Todd LLC 400 W. Market Street 32nd Floor Louisville, KY 40202 502-589-5400 Fax: 581-1087 LEAD ATTORNEY ATTORNEY TO BE NOTICED


Illinois National Insurance Company TERMINATED: 07/27/2004

represented by Charles S. Cassis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas W. Langdon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kathy P. Holder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


William Farley TERMINATED: 07/27/2004

represented by Timothy L. Edelen (See above for address) ATTORNEY TO BE NOTICED

V.


Genesis Insurance Company TERMINATED: 07/27/2004


Illinois National Insurance Company TERMINATED: 07/27/2004


National Union Fire Insurance Company

of Pittsburgh, PA TERMINATED: 07/27/2004


Underwriters of Lloyds of London TERMINATED: 07/27/2004


Westport Insurance Corporation TERMINATED: 07/27/2004

Date Filed # Docket Text

07/01/1998 1 COMPLAINT (Summons(es) issued) filing fee pd - receipt # 21143 (MLL) (Entered: 07/06/1998)

07/02/1998 2 ORDER by Judge Joseph H. McKinley Jr. Case referred to Mag Judge E. R. Goebel pursuant to 28 USC 636(b)(1)(A) (cc: all counsel) (MLL) (Entered: 07/06/1998)

07/27/1998 3 MOTION by defendant Fruit of the Loom to extend time to answer up to and including 9/30/98 ; order tendered (MLL) (Entered: 07/28/1998)

07/27/1998 4 MOTION by defendant Fruit of the Loom for hearing on motion to extend time to answer ; order tendered (MLL) (Entered: 07/28/1998)

07/28/1998 5 ATTORNEY APPEARANCE for plaintiff New England Health by Stephen B. Catron (MLL) (Entered: 07/29/1998)

07/29/1998 DOCUMENT NUMBER: 3 SUBMITTED to ERG at Owensboro. (FCE) (Entered: 07/29/1998)

08/03/1998 DOCUMENT NO. 3 RETURNED (PJH) (Entered: 08/03/1998)

08/04/1998 6 ORDER by Mag Judge E. R. Goebel finding the motion for hearing on motion to extend time to answer [4-1] moot., granting motion to extend time to answer up to and including 9/30/98 [3-1] (cc: all counsel) (MLL) (Entered: 08/04/1998)

08/04/1998 7 STIPULATION that all dfts who have been served shall have up to and including 9/30/98 to answer pla complaint (MLL) (Entered: 08/05/1998)

08/31/1998 8 MOTION by plaintiff New England Health for order appointing lead pla and for appt of lead pla's choice of lead counsel , and for hearing on said motion ; Memorandum in Support; order tendered (MLL) (Entered: 09/01/1998)

08/31/1998 9 DECLARATION of Arthur C. Leahy in support of re [8-1] (MLL) (Entered: 09/01/1998)

09/18/1998 10 MOTION by defendant Fruit of the Loom to extend time to respond to plas motion

to be appointed lead plas counsel and for oral argument up to and including 9/23/98 ; Memorandum in Support; order tendered (MLL) (Entered: 09/22/1998)

09/22/1998 RETURN OF SERVICE executed upon defendant John Wigodsky on 7/25/98 (MLL) (Entered: 09/22/1998)

09/22/1998 RETURN OF SERVICE executed upon defendant Larry K. Switzer on 7/16/98 (MLL) (Entered: 09/22/1998)

09/22/1998 RETURN OF SERVICE executed upon defendant William Farley on 7/22/98 (MLL) (Entered: 09/22/1998)

09/22/1998 RETURN OF SERVICE executed upon defendant G. William Newton on 7/9/98 (MLL) (Entered: 09/22/1998)

09/22/1998 RETURN OF SERVICE executed upon defendant Fruit of the Loom on 7/7/98 (MLL) (Entered: 09/22/1998)

09/22/1998 RETURN OF SERVICE executed upon defendant Richard C. Lappin on 7/31/98 (MLL) (Entered: 09/22/1998)

09/22/1998 RETURN OF SERVICE executed upon defendant Burgess D. Ridge on 7/25/98 (MLL) (Entered: 09/22/1998)

09/22/1998 11 MOTION by plaintiff New England Health for attorney Mark Solomon to appear pro hac vice ; Memorandum in Support; order tendered ; fee pd; receipt #5301 (MLL) Modified on 09/22/1998 (Entered: 09/22/1998)

09/22/1998 12 MOTION by plaintiff New England Health for attorney John D. Bandiera to appear pro hac vice ; Memorandum in Support; order tendered; fee pd; receipt #5300 (MLL) Modified on 09/22/1998 (Entered: 09/22/1998)

09/22/1998 13 MOTION by plaintiff New England Health for attorney Arthur C. Leahy to appear pro hac vice ; Memorandum in Support; order tendered; fee pd; receipt #5299 (MLL) (Entered: 09/22/1998)

09/22/1998 REMARK- Stipulation and Proposed Order re: briefing schedule on plas motion for lead pla and appt of lead counsel tendered and forwarded to ERG at BG (MLL) (Entered: 09/23/1998)

09/22/1998 BEGIN VOLUME # II (MLL) (Entered: 10/06/1998)

09/23/1998 14 RESPONSE by defendant to motion for order appointing lead pla and for appt of lead pla's choice of lead counsel [8-1] ; order tendered (MLL) (Entered: 09/23/1998)

09/24/1998 15 STIPULATION and ORDER by Mag Judge E. R. Goebel re briefing sched on the New England Plaintiffs GroupIs Mo for Lead Pla and appointment of lead counsel. (see order for further details.) (cc: all counsel) (DIM) (Entered: 09/24/1998)

09/29/1998 16 REPLY by plaintiff New England Health to response to motion for order appointing lead pla and for appt of lead pla's choice of lead counsel [8-1], motion for hearing on said motion [8-2] (MLL) (Entered: 09/29/1998)

09/29/1998 17 ORDER by Judge Joseph H. McKinley Jr. granting motion for order appointing

lead pla and for appt of lead pla's choice of lead counsel [8-1] (cc: all counsel) (MLL) (Entered: 09/30/1998)

09/30/1998 FILE RETURNED (EAS) (Entered: 09/30/1998)

09/30/1998 18 MOTION by defendant Fruit of the Loom, defendant Richard C. Lappin, defendant G. William Newton, defendant Burgess D. Ridge, defendant Larry K. Switzer, defendant John Wigodsky to dismiss case ; Memorandum in Support; order tendered (MLL) (Entered: 10/01/1998)

10/01/1998 19 ORDER by Mag Judge E. R. Goebel granting motion for attorney Arthur C. Leahy to appear pro hac vice [13-1] (cc: all counsel) (MLL) (Entered: 10/01/1998)

10/01/1998 20 ORDER by Mag Judge E. R. Goebel granting motion for attorney Mark Solomon to appear pro hac vice [11-1] (cc: all counsel) (MLL) (Entered: 10/01/1998)

10/01/1998 21 ORDER by Mag Judge E. R. Goebel granting motion for attorney John D. Bandiera to appear pro hac vice [12-1] (cc: all counsel) (MLL) (Entered: 10/01/1998)

10/01/1998 22 ORDER by Mag Judge E. R. Goebel granting motion to extend time to respond to plas motion to be appointed lead plas counsel and for oral argument up to and including 9/23/98 [10-1] (cc: all counsel) (MLL) (Entered: 10/01/1998)

10/09/1998 23 MOTION by plaintiff New England Health for attorney William S. Lerach to appear pro hac vice ; Memorandum in Support; order tendered; fee paid; receipt #5333 (MLL) (Entered: 10/13/1998)

10/13/1998 REMARK - Agreed Order for extension of time to file opposing memorandum tendered and forwarded to Judge McKinley in Owensboro (LMW) (Entered: 10/13/1998)

10/21/1998 24 ORDER by Mag Judge E. R. Goebel granting motion for attorney William S. Lerach to appear pro hac vice [23-1] (cc: all counsel) (MLL) (Entered: 10/21/1998)

10/22/1998 25 ORDER by Mag Judge E. R. Goebel extending time for filing responses and replies up to 12/18/98 for response and 1/11/99 for reply to motion to dismiss case (cc: all counsel) (MLL) (Entered: 10/22/1998)

12/16/1998 REMARK- Corrected Agreed Order ext time for filing responses and replies tendered to ERG at BG (MLL) (Entered: 12/16/1998)

12/16/1998 26 ORDER by Mag Judge E. R. Goebel: Extending time to respond up to and including 12/23/98 and reply up to and including 2/5/99 in re: motion to dismiss case (cc: all counsel) (MLL) (Entered: 12/16/1998)

12/29/1998 27 SUPPLEMENTAL AGREED ORDER by Mag Judge E. R. Goebel extending time to 1/7/99 to file opposing memorandum to defendants' mo to dismiss and defendants shall have to 2/22/99 to file their reply. (cc: all counsel) (DIM) (Entered: 12/29/1998)

12/30/1998 BEGIN VOLUME # III (MLL) (Entered: 01/07/1999)

01/07/1999 28 RESPONSE w/memorandum of Points and Authorities and oral argument requested by plaintiff New England Health to motion to dismiss case [18-1] ; order tendered (MLL) (Entered: 01/07/1999)

01/07/1999 29 NOTICE of filing request for Judicial Notice in support of opposition to motion to dismiss by plaintiff New England Health (MLL) (Entered: 01/07/1999)

01/07/1999 30 AFFIDAVIT of Arthur C. Leahy re [28-1] (MLL) (Entered: 01/07/1999)

01/08/1999 BEGIN VOLUME # IV (MLL) (Entered: 01/08/1999)

01/27/1999 FILE SUBMITTED to Brock in Owensboro (4 vols) (LMW) (Entered: 01/27/1999)


02/12/1999 31 SUPPLEMENT by plaintiff New England Health re motion response [28-1] (MLL) (Entered: 02/12/1999)

02/22/1999 REMARK- Agreed Order ext reply time to 3/15/99 tendered and forwarded to ERG at Owensboro (MLL) (Entered: 02/22/1999)

02/24/1999 32 MOTION by defendant to transfer case to the Northern District of Illinois ; Memorandum in Support; order tendered (MLL) (Entered: 02/25/1999)

02/25/1999 33 ORDER by Mag Judge E. R. Goebel: Extending time to file reply mem up to and including 3/15/99 in re motion to dismiss case (cc: all counsel) (MLL) (Entered: 02/25/1999)

03/04/1999 REMARK- Agreed Order ext time to file response to motion to transfer up to and including 4/13/99 tendered and forwarded to ERG at Owensboro (MLL) (Entered: 03/04/1999)

03/08/1999 34 ORDER by Mag Judge E. R. Goebel: Pla shall have to and including 4/13/99 to file its opposing mem to motion to transfer case to the Northern District of Illinois (cc: all counsel) (MLL) (Entered: 03/08/1999)

03/16/1999 REMARK- Agreed Order to ext time to file reply br tendered and forwarded to ERG at Owensboro (MLL) (Entered: 03/16/1999)

03/18/1999 35 ORDER by Mag Judge E. R. Goebel re [18-1] extending time to file reply mem to motion to dismiss case up to and including 3/22/99 (cc: all counsel) (MLL) (Entered: 03/18/1999)

03/23/1999 36 REPLY by defendant Fruit of the Loom to response to motion to dismiss case w/appendix [18-1] (MLL) (Entered: 03/23/1999)

04/05/1999 FILE SUBMITTED to JHM at Owensboro (FCE) (Entered: 04/05/1999)

04/13/1999 REMARK- Agreed Order ext time to file resp to motion to transfer tendered and forwarded to ERG at Owensboro (MLL) (Entered: 04/13/1999)

04/19/1999 37 ORDER by Mag Judge E. R. Goebel: Extending time to file response up to and including 4/30/99 to motion to transfer case to the Northern District of Illinois (cc: all counsel) (MLL) (Entered: 04/19/1999)

04/21/1999 DOCUMENT NUMBER: 37 SUBMITTED to JHM at Owensboro (MLL) (Entered: 04/21/1999)

04/23/1999 38 MOTION by plaintiff New England Health for leave to file sur-reply to dfts motion to dismiss complaint and request for oral argument on motion to dismiss ;

Memorandum in Support; order tendered (MLL) Modified on 04/29/1999 (Entered: 04/23/1999)


04/30/1999 39 RESPONSE by plaintiff New England Health to motion to transfer case to the Northern District of Illinois [32-1] ; order tendered (MLL) (Entered: 04/30/1999)


05/14/1999 40 ORDER by Judge Joseph H. McKinley Jr. ; in-court hearing set for 2:00 5/25/99 before Judge Joseph H. McKinley Jr. re [18-1] (cc: all counsel) (MLL) (Entered: 05/14/1999)


05/20/1999 REMARK- Agreed order ext time to file reply tendered and forwarded to ERG (MLL) (Entered: 05/20/1999)

05/21/1999 Agreed Order extending defts' time to 5/28/99 to file reply memo in support of motion to transfer venue submitted to ERG at Owensboro. (FCE) (Entered: 05/21/1999)

05/21/1999 41 MOTION by defendant Fruit of the Loom for attorney Steven L. Bashwiner, Mary Ellen Hennessy and Karl L. Barnickol to appear pro hac vice ; affidavits in Support; order tendered (MLL) (Entered: 05/24/1999)

05/25/1999 DOCUMENT NUMBER: 41 SUBMITTED to ERG at Owensboro (FCE) (Entered: 05/25/1999)

05/25/1999 42 ORDER by Judge Joseph H. McKinley Jr.: Hearing set 5/25/99 is cont and ; in-court hearing set for 9:00 6/21/99 before Judge Joseph H. McKinley Jr. (cc: all counsel) (MLL) (Entered: 05/25/1999)

05/26/1999 43 ORDER by Mag Judge E. R. Goebel ext time to file reply up to and including 5/28/99 motion to transfer case to the Northern District of Illinois (cc: all counsel) (MLL) (Entered: 05/26/1999)

05/27/1999 DOCUMENT NUMBER: 42,43 SUBMITTED to JHM at Owensboro (MLL) (Entered: 05/27/1999)

06/01/1999 44 REPLY by defendant to response to motion to transfer case to the Northern District of Illinois [32-1] (MLL) (Entered: 06/02/1999)

06/02/1999 45 ORDER by Mag Judge E. R. Goebel granting motion for attorney Steven L. Bashwiner, Mary Ellen Hennessy and Karl L. Barnickol to appear pro hac vice [41-1] (cc: all counsel) (MLL) (Entered: 06/02/1999)

06/02/1999 DOCUMENT NUMBER: 41, 44, and 45 SUBMITTED to JHM at Owensboro (FCE) (Entered: 06/02/1999)

06/16/1999 46 MOTION by plaintiff New England Health for attorney Sangeeta G. Patel to appear

pro hac vice ; affidavit in Support; order tendered (MLL) (Entered: 06/16/1999)

06/18/1999 47 SUBMISSION OF RECENT AUTHORITIES by plaintiff New England Health in further support to motion response [28-1] (MLL) (Entered: 06/18/1999)


06/18/1999 48 ORDER by Mag Judge E. R. Goebel granting motion for attorney Sangeeta G. Patel to appear pro hac vice [46-1] (cc: all counsel) (MLL) (Entered: 06/18/1999)


06/23/1999 49 MEMORANDUM, OPINION, AND ORDER: by Judge Joseph H. McKinley Jr. denying motion to transfer case to the Northern District of Illinois [32-1] (cc: all counsel) (MLL) (Entered: 06/23/1999)


07/06/1999 50 MEMORANDUM by plaintiff New England Health to motion to dismiss case [18-1] (MLL) (Entered: 07/06/1999)

07/06/1999 51 SUPPLEMENT by plaintiff New England Health re memorandum [50-1] (MLL) (Entered: 07/06/1999)

07/06/1999 DOCUMENT NUMBER: 50,51,52 SUBMITTED to JHM at Owensboro (MLL) Modified on 07/06/1999 (Entered: 07/06/1999)

07/06/1999 52 SUPPLEMENTAL BRIEF in response to Plas' submission of recent authorities by defendant (MLL) (Entered: 07/06/1999)

07/06/1999 BEGIN VOLUME # V (MLL) (Entered: 08/18/1999)

07/13/1999 53 MOTION by defendant Fruit of the Loom to extend time through 7/23/99 to file supplemental memorandum re Court of Appeals decision ; order tendered (DIM) (Entered: 07/13/1999)

07/14/1999 54 RESPONSE by plaintiff New England Health to motion to extend time through 7/23/99 to file supplemental memorandum re Court of Appeals decision [53-1] ; order tendered (DIM) (Entered: 07/14/1999)

07/20/1999 DOCUMENT NUMBER: 53 and 54 to JHM at BG. (FCE) (Entered: 07/20/1999)

07/21/1999 DOCUMENT #53,54 RETURNED (MLL) (Entered: 07/21/1999)

07/21/1999 55 ORDER by Judge Joseph H. McKinley Jr. granting motion to extend time through 7/26/99 to file supplemental memorandum re Court of Appeals decision [53-1], such mem shall be no greater than 10 pages in length (cc: all counsel) (MLL) (Entered: 07/21/1999)

07/27/1999 56 SUPPLEMENT by plaintiff New England Health re memorandum [50-1], re memorandum [47-1] (MLL) (Entered: 07/27/1999)

07/27/1999 DOCUMENT NUMBER: 56 SUBMITTED to JHM at Owensboro (MLL)

(Entered: 07/27/1999)

07/27/1999 57 MEMORANDUM (Submission of Recent Authorities) by defendant Fruit of the Loom to motion to dismiss case [18-1] (MLL) (Entered: 07/27/1999)



08/18/1999 58 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley Jr. denying motion to dismiss case [18-1] (cc: all counsel) [Entry Date: 8/18/99] (MLL) (Entered: 08/18/1999)

08/18/1999 59 ORDER by Judge Joseph H. McKinley Jr. ;telephonic scheduling conf. set for 10:00 10/7/99 before Mag Judge E. R. Goebel ; litigation plan ddl set for 9/27/99 (cc: all counsel) [Entry Date: 8/18/99] (MLL) (Entered: 08/18/1999)

09/01/1999 60 ORDER by Judge Joseph H. McKinley Jr. granting motion for leave to file sur-reply to dfts motion to dismiss complaint and request for oral argument on motion to dismiss [38-1] (cc: all counsel) [Entry Date: 9/1/99] (MLL) (Entered: 09/01/1999)

09/02/1999 REMARK- Agreed Order to ext time to ans to 9/15/99 tendered and forwarded to ERG at BG (MLL) (Entered: 09/02/1999)

09/02/1999 61 AGREED ORDER by Mag Judge E. R. Goebel extending time to 9/15/99 to file answer to complaint (cc: all counsel) [Entry Date: 9/2/99] (MLL) (Entered: 09/02/1999)

09/14/1999 62 MOTION by defendant Fruit of the Loom to extend time to file ans up to and including 9/24/99 ; order tendered (MLL) (Entered: 09/14/1999)

09/14/1999 REMARK- Agreed Order ext time to ans to 9/24/99 tendered and forwarded to ERG at Owensboro (MLL) (Entered: 09/14/1999)

09/16/1999 63 AGREED ORDER by Mag Judge E. R. Goebel granting motion to extend time to file ans up to and including 9/24/99 [62-1] (cc: all counsel) [Entry Date: 9/16/99] (MLL) (Entered: 09/16/1999)

09/24/1999 64 ANSWER by defendant John Wigodsky, defendant Larry K. Switzer, defendant Burgess D. Ridge, defendant G. William Newton, defendant Richard C. Lappin, defendant Bernhard Hansen, defendant William Farley, defendant Fruit of the Loom to [1-1] (MLL) (Entered: 09/24/1999)

09/29/1999 65 LITIGATION PLAN by defendant re [59-2] (MLL) (Entered: 09/30/1999)

09/29/1999 66 LITIGATION PLAN by plaintiff New England Health re [59-2] (MLL) (Entered: 09/30/1999)

10/01/1999 67 ORDER by Mag Judge E. R. Goebel granting motion to extend time to file ans up to and including 9/24/99 [62-1] (cc: all counsel) [Entry Date: 10/1/99] (MLL) (Entered: 10/01/1999)

10/08/1999 68 ORDER by Mag Judge E. R. Goebel ; scheduling conference held on 10/7/99 ;

counsel for the parties shall commence immediately to make initial disclosures; pla shall file its motion to certify the class action no later than 10/22/99; dft shall respond by 11/22/99 and pla shall reply by 12/7/99; there shall be no discovery on the merits between now and 12/7/99; the undersigned will address by subsequent order whether discovery on the merits shall be permitted after 12/7/99, until ruling on the class action certification (cc: all counsel) [Entry Date: 10/8/99] (MLL) (Entered: 10/08/1999)

10/12/1999 69 ORDER by Mag Judge E. R. Goebel ; scheduling conf. set for 10:30 1/26/00 before Mag Judge E. R. Goebel ; parties may commence discovery on the merits after 12/7/99 (cc: all counsel) [Entry Date: 10/12/99] (MLL) (Entered: 10/12/1999)

10/22/1999 70 MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by plaintiff New England Health (LMW) (Entered: 10/25/1999)

10/22/1999 71 MOTION by plaintiff New England Health for order granting motion for Class Certification ; order tendered (MLL) (Entered: 10/26/1999)

11/18/1999 REMARK - Agreed Order tendered and forwarded to ERG at BG (MLL) (Entered: 11/18/1999)

11/22/1999 72 AGREED ORDER by Mag Judge E. R. Goebel: dfts shall have to 12/22/99 to file resp to pla's motion for class cert; pla's shall have to 1/10/00 to reply; ; telephone conf. set for 10:00 12/8/99 before Mag Judge E. R. Goebel ; pla's to file a pre-conf brief by 11/29/99; dfts to serve a resp thereto by 12/6/99 (cc: all counsel) [Entry Date: 11/22/99] (MLL) (Entered: 11/22/1999)

11/29/1999 73 MEMORANDUM in support of immediate merits discovery by plaintiff New England Health to order [72-2] (MLL) (Entered: 11/29/1999)

12/06/1999 74 RESPONSE to Pla's Memorandum in Support of Immediate Merits Discovery by defendant to [72-2]; order tendered (MLL) Modified on 12/08/1999 (Entered: 12/06/1999)

12/09/1999 75 ORDER by Mag Judge E. R. Goebel ; telephone conference held on 12/8/99 ; Discovery ddl set for 1/11/00 ; litigation plan ddl set for 1/14/00 ; scheduling conf. set for 10:30 1/26/00 before Mag Judge E. R. Goebel (cc: all counsel) [Entry Date: 12/9/99] (MLL) (Entered: 12/09/1999)

12/10/1999 BEGIN VOLUME # VI (MLL) (Entered: 12/15/1999)

12/22/1999 76 RESPONSE by defendant to motion for order granting motion for Class Certification [71-1] ; order tendered (MLL) (Entered: 12/22/1999)

01/07/2000 77 MOTION by defendant Fruit of the Loom to extend stay of discovery for a period of 30 days ; Memorandum in Support; order tendered (MLL) (Entered: 01/07/2000)

01/07/2000 78 AMENDMENT and CORRECTION by defendant Fruit of the Loom to motion to stay discovery[77-1] (MLL) (Entered: 01/07/2000)

01/10/2000 79 NOTICE of filing corrected memorandum in support of Pla's motion for Class Certification by plaintiff New England Health (MLL) (Entered: 01/10/2000)

01/10/2000 80 MOTION by plaintiff New England Health for leave to file reply in excess of 15 pages ; reply memorandum tendered; order tendered (MLL) (Entered: 01/11/2000)

01/14/2000 81 LITIGATION PLAN by plaintiff New England Health re [75-2] (MLL) (Entered: 01/14/2000)

01/14/2000 82 RESPONSE by defendants to [81-1], to [75-2] (MLL) (Entered: 01/14/2000)

01/19/2000 FILE SUBMITTED to JHM (EAS) (Entered: 01/19/2000)

01/21/2000 FILE RETURNED (MLL) (Entered: 01/21/2000)

01/21/2000 83 ORDER by Judge Joseph H. McKinley Jr. Dft Fruit of the Loom having petitioned the US Bankruptcy Court for relief under Chapter 11 , CASE STAYED until further orders of the Court (cc: all counsel) [Entry Date: 1/21/00] (MLL) (Entered: 01/21/2000)

01/24/2000 84 EXPARTE MOTION by plaintiff New England Health for order lifting the stay of this action , for leave to file mem in opposition of stay , and for oral argument ; Memorandum in Support; order tendered (MLL) (Entered: 01/25/2000)

01/24/2000 Telecon with Judge Goebel and attorneys set 1/26/00 canceled because of Judge McKinley's stay order. (FCE) (Entered: 01/27/2000)

01/28/2000 85 MOTION by defendant Fruit of the Loom for order granting request for a briefing schedule on pla's ex parte application to lift the stay ; Memorandum in Support; order tendered (MLL) (Entered: 01/28/2000)

02/01/2000 FILE SUBMITTED to ERG at Owensboro (FCE) (Entered: 02/01/2000)

02/04/2000 Telecon set 2/4/99 canceled per Judge Goebel's request; attys notified of cancellation and that they will be contacted within the next few days. (FCE) (Entered: 02/04/2000)


02/10/2000 FILE SUBMITTED to JHM (EAS) (Entered: 02/10/2000)


02/11/2000 86 ORDER by Mag Judge E. R. Goebel telephonic conf held 2/9/00 granting motion for leave to file mem in opposition of stay [84-2], granting motion for order granting request for a briefing schedule on pla's ex parte application to lift the stay [85-1] (cc: all counsel) [Entry Date: 2/11/00] (MLL) (Entered: 02/11/2000)

02/25/2000 87 RESPONSE by defendants to motion for order lifting the stay of this action [84-1] ; order tendered (MLL) (Entered: 02/25/2000)

03/06/2000 88 REPLY by plaintiff New England Health to response to motion for order lifting the stay of this action [84-1] (MLL) (Entered: 03/06/2000)

03/06/2000 FILE (volume 5 & 6) SUBMITTED to JHM at Owensboro (MLL) Modified on 03/06/2000 (Entered: 03/06/2000)

03/09/2000 89 ORDER by Judge Joseph H. McKinley Jr. granting motion for leave to file reply in excess of 15 pages [80-1]; pla may file a reply mem of length not to exceed 21 pages (cc: all counsel) [Entry Date: 3/9/00] (MLL) (Entered: 03/09/2000)

03/09/2000 90 REPLY by plaintiff New England Health to response to motion for order granting

motion for Class Certification [71-1] (MLL) (Entered: 03/09/2000)

03/09/2000 91 ORDER by Judge Joseph H. McKinley Jr. granting motion for order lifting the stay of this action [84-1] pla may proceed with discovery as previously ordered, finding the motion for oral argument [84-3] moot. (cc: all counsel) [Entry Date: 3/9/00] (MLL) (Entered: 03/09/2000)




03/28/2000 92 ORDER by Judge Joseph H. McKinley Jr. granting motion for order granting motion for Class Certification [71-1]; this action shall be maintained as a class action on behalf of the following class: all persons who acquired Fruit of the Loom, Inc. securities between 7/24/96 and 9/5/97, inclusive, (the "Class Period"); In addition, it is ordered that lead pla's New England Health Care Employees Pension Fund and National Industry Pension Fund, are appointed as rep of the class (cc: all counsel) [Entry Date: 3/28/00] (MLL) (Entered: 03/28/2000)

04/04/2000 SUBPOENA as to: N E S Clothing co. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Bodek & Rodes Inc (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Broder Bros., Co. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: C S First Boston Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Eva Tees (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Gulf Coast Sportswear (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Imprints Wholesale Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: J C Bradford & Co (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: J P Morgan and Co., Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: L A Loving (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Merrill Lynch & Co., Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Morgan Stanley Group Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Oppenheimer Capital L.P. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Prudential Securities Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Robinson-Humphrey Co., Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: San Mar Corp. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: South Carolina Tees Inc. (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: Staton Wholesale (MLL) (Entered: 04/17/2000)

04/14/2000 SUBPOENA as to: St Louis T's, Inc. (MLL) (Entered: 04/17/2000)

04/19/2000 93 RESPONSE TO REQUEST by defendant John Wigodsky, defendant Larry K. Switzer, defendant Burgess D. Ridge, defendant G. William Newton, defendant Richard C. Lappin, defendant William Farley for production of documents (MLL) (Entered: 04/20/2000)

04/21/2000 94 NOTICE of Adversary Proceeding and motion of Fruit of the Loom for Preliminary Injunction Staying Certain Lawsuits against Directors and Officers of Fruit of the Loom by defendant G. William Newton (MLL) (Entered: 04/21/2000)

04/25/2000 BEGIN VOLUME # VII (MLL) (Entered: 05/02/2000)

04/26/2000 LETTER requesting a telephonic conf from plaintiff New England Health (MLL) (Entered: 05/05/2000)

05/01/2000 95 RESPONSE to Plaintiffs' 4/25/00 letter to the Court by defendant Fruit of the Loom (MLL) (Entered: 05/02/2000)

05/02/2000 96 AMENDMENT by defendant to response to plas' 4/25/00 letter to the Court [95-1] (MLL) (Entered: 05/02/2000)

05/05/2000 97 REPORT by Mag Judge E. R. Goebel: telephonic conf held 5/4/00; discussions were held re Morgan Stanley's failure to comply with a Rule 45 subpoena; discussions were held concerning the need for a scheduling order depending upon the ruling by th Delaware Bankruptcy Court on Fruit of the Loom's motion to stay the proceedings sub judice(cc: all counsel) [Entry Date: 5/5/00] (MLL) (Entered: 05/05/2000)

09/05/2000 98 MOTION by plaintiff New England Health to consolidate cases 1:98CV-99-M and 1:00CV-124-M and for oral argument ; Memorandum in Support; order tendered (MLL) (Entered: 09/06/2000)

09/27/2000 99 ORDER by Mag Judge E. R. Goebel extending time to file response up to and including 10/9/00 motion to consolidate cases 1:98CV-99-M and 1:00CV-124-M (cc: all counsel) [Entry Date: 9/27/00] (MLL) (Entered: 09/27/2000)

10/02/2000 REMARK- Agreed Order in re filing of resp to motion to consol tnedered and forwarded to ERG at BG (MLL) (Entered: 10/02/2000)

10/05/2000 100 AGREED ORDER by Mag Judge E. R. Goebel extending time to file response until 10/9/00 to motion to consolidate cases 1:98CV-99-M and 1:00CV-124-M, motion for oral argument (cc: all counsel) [Entry Date: 10/5/00] (MLL) (Entered: 10/05/2000)

10/10/2000 FILE (vol 7) SUBMITTED to JHM at Owensboro (MLL) (Entered: 10/10/2000)

10/10/2000 101 RESPONSE by defendant John Wigodsky, defendant Larry K. Switzer, defendant Burgess D. Ridge, defendant G. William Newton, defendant Richard C. Lappin, defendant Bernhard Hansen, defendant William Farley, defendant Fruit of the Loom to motion to consolidate cases 1:98CV-99-M and 1:00CV-124-M [98-1], to motion for oral argument [98-2] ; order tendered (MLL) (Entered: 10/10/2000)

10/10/2000 101 MOTION by defendant John Wigodsky, defendant Larry K. Switzer, defendant Burgess D. Ridge, defendant G. William Newton, defendant Richard C. Lappin,

defendant Bernhard Hansen, defendant William Farley, defendant Fruit of the Loom to stay further prodeedings on motion to consolidate ; Memorandum in Support; order tendered (MLL) (Entered: 10/10/2000)

10/10/2000 102 RESPONSE by dft Ernst and Young to motion to consolidate cases 1:98CV-99-M and 1:00CV-124-M [98-1] ; order tendered (MLL) (Entered: 10/12/2000)


10/23/2000 103 REPLY by plaintiff New England Health to response to motion to consolidate cases 1:98CV-99-M and 1:00CV-124-M [98-1], motion for oral argument [98-2] (MLL) (Entered: 10/23/2000)

10/24/2000 DOCUMENT NUMBER: 103 SUBMITTED to JHM in Owensboro (LMW) (Entered: 10/24/2000)

12/06/2000 FILE SUBMITTED (Volume I) to JHM at Owensboro (Attn: Ross Turner). (FCE) (Entered: 12/06/2000)


12/20/2000 104 ORDER by Judge Joseph H. McKinley Jr. finding the motion to consolidate cases 1:98CV-99-M and 1:00CV-124-M [98-1] moot., finding the motion for oral argument [98-2] moot. (cc: all counsel) [Entry Date: 12/20/00] (MLL) (Entered: 12/20/2000)

12/20/2000 105 ORDER by Judge Joseph H. McKinley Jr. finding the motion to stay further prodeedings on motion to consolidate [101-1] moot. (cc: all counsel) [Entry Date: 12/20/00] (MLL) (Entered: 12/20/2000)

12/21/2000 BEGIN VOLUME # VIII (MLL) (Entered: 12/28/2000)

04/27/2001 106 JOINT STATUS REPORT by defendant, plaintiff (MLL) (Entered: 04/27/2001)

06/19/2001 107 MOTION by plaintiff New England Health to withdraw attorney ; Memorandum in Support; order tendered (DIM) (Entered: 08/15/2001)

08/16/2001 108 ORDER by Mag Judge E. R. Goebel granting motion to withdraw attorney [107-1] attorney Stephen B. Catron and Michael S. Vitalie for New England Health; plas have 30 days from date hereof to retain other local counsel and have counsel to enter an appearance. (cc: all counsel) [Entry Date: 8/16/01] (DIM) Modified on 08/16/2001 (Entered: 08/16/2001)

09/18/2001 109 ORDER by Mag Judge E. R. Goebel ; telephone status conf. set for 9:30 10/5/01 before Mag Judge E. R. Goebel (cc: all counsel) [Entry Date: 9/18/01] (MLL) (Entered: 09/18/2001)

10/01/2001 110 ORDER by Mag Judge E. R. Goebel ; telephone conference cont on 10/5/01 ; telephone conf. set for 1:30 10/23/01 before Mag Judge E. R. Goebel (cc: all counsel) [Entry Date: 10/1/01] (MLL) (Entered: 10/01/2001)

10/22/2001 111 MOTION by defendant William Farley to withdraw attorney Bashwiner, Hennessy, Barnickol and Zavis ; Memorandum in Support; order tendered (MLL) (Entered: 10/22/2001)

10/22/2001 112 MOTION by defendant William Farley to withdraw attorney Charles E. English and Charles E. English Jr. ; Memorandum in Support; order tendered (MLL) (Entered: 10/22/2001)

10/22/2001 113 MOTION by defendant William Farley to substitute attorney Edelen and Fenton for Bashwinder, Hennessy, Barnickol and English ; order tendered (MLL) (Entered: 10/23/2001)

10/25/2001 114 ORDER by Mag Judge E. R. Goebel ; telephone conference held on 10/23/01 ; telephone conf. set for 1:00 11/16/01 before Mag Judge E. R. Goebel ; pla memorandum ddl set for 11/15/01 ; dft memorandum ddl set for 11/15/01 (cc: all counsel) [Entry Date: 10/25/01] (MLL) (Entered: 10/25/2001)

10/26/2001 115 MOTION by defendant William Farley for attorney Richard L. Fenton to appear pro hac vice ; Affidavit in Support; order tendered (MLL) (Entered: 10/26/2001)

10/26/2001 DOCUMENT NUMBER: 115 SUBMITTED to ERG at Owensboro (MLL) (Entered: 10/26/2001)

10/30/2001 116 ORDER by Mag Judge E. R. Goebel granting motion for attorney Richard L. Fenton to appear pro hac vice [115-1] (cc: all counsel) [Entry Date: 10/30/01] (MLL) (Entered: 10/30/2001)

11/13/2001 FILE SUBMITTED Vol. VIII submitted to ERG at Owensboro (KLL) (Entered: 11/13/2001)

11/15/2001 117 LITIGATION PLAN by defendants re [75-2] (DIM) (Entered: 11/19/2001)

11/19/2001 118 COMPARISON OF THE PARTIES LITIGATION PLAN by defendant Fruit of the Loom (MLL) (Entered: 11/20/2001)


11/30/2001 119 SCHEDULING ORDER Mag Judge E. R. Goebel ; telephone conference held on 11/16/01 ; initial disclosures set for 12/20/01; expert witnesses set for 7/14/02 for pla and 9/1/02 for dft; amendments set for 4/2/02 ; discovery set for 6/30/02 ; disp mtn ddl set for 11/14/02 ; telephone conf. set for 7/1/02 before Mag Judge E. R. Goebel (cc: all counsel) [Entry Date: 11/30/01] (MLL) (Entered: 11/30/2001)

12/10/2001 120 AMENDED SCHEDULING ORDER by Mag Judge E. R. Goebel; initial disclosures ddl set for 12/20/01; pla's disclosure of expert testimony ddl set for 7/14/03; dft's disclosure of expert testimony ddl set for 9/1/03; motions to join add'l parties and motions to amend pleadings ddl set for 4/2/02; discovery ddl set for 6/30/03; expert discovery ddl set for 11/3/03; dispositive motion ddl set for 11/14/03; telephonic status conference set for 9:00 7/1/03 before Mag Judge E. R. Goebel re [119-1] (cc: all counsel) [Entry Date: 12/10/01] (PJH) (Entered: 12/10/2001)

12/10/2001 121 NOTICE by plaintiff New England Health of the change of address for William S. Lerach. (DIM) (Entered: 12/11/2001)

12/21/2001 122 ORDER by Mag Judge E. R. Goebel granting defendant William Farley's motion to substitute attorneys Edelen and Fenton for Bashwinder, Hennessy, Barnickol and English [113-1] (cc: all counsel) [Entry Date: 12/21/01] (CDF) (Entered:

12/21/2001)

01/28/2002 124 MOTION by plaintiff New England Health for attorney Amber L. Eck to appear pro hac vice ; Affidavit in Support; order tendered (CDF) Modified on 01/29/2002 (Entered: 01/29/2002)

01/28/2002 125 MOTION by plaintiff New England Health for attorney Valerie L. McLaughlin to appear pro hac vice ; Affidavit in Support; order tendered (CDF) (Entered: 01/29/2002)

01/28/2002 123 NOTICE by plaintiff New England Health of change of address for liaison counsel Ron Parry (CDF) (Entered: 01/29/2002)

01/29/2002 FILE SUBMITTED to ERG in Owensboro (CDF) (Entered: 01/29/2002)


02/01/2002 126 ORDER by Mag Judge E. R. Goebel granting motion for attorney Amber L. Eck to appear pro hac vice for plaintiff [124-1] (cc: all counsel) [Entry Date: 2/1/02] (CDF) (Entered: 02/01/2002)

02/01/2002 127 ORDER by Mag Judge E. R. Goebel granting motion for attorney Valerie L. McLaughlin to appear pro hac vice for plaintiff [125-1] (cc: all counsel) [Entry Date: 2/1/02] (CDF) (Entered: 02/01/2002)

04/18/2002 REMARK - Confidentiality Stipulation and Protective Order tendered and submitted to ERG in Owensboro (CDF) (Entered: 04/18/2002)

04/25/2002 DOCUMENT RETURNED Confidentiality Stipulation and Protective Order signed by ERG. (EAS) (Entered: 04/25/2002)

04/29/2002 128 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER governing disclosure and use in this action of all documents, testimony and other information produced or given by any party or non-party during the course of this action (CDF) (Entered: 04/29/2002)

04/29/2002 128 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER by Mag Judge E. R. Goebel governing disclosure and use in this action of all documents, testimony and other information produced or given by any party or non-party during the course of this action (cc: all counsel) [Entry Date: 4/29/02] (CDF) (Entered: 04/29/2002)

06/24/2002 129 MOTION by pla for atty Daniel S. Drosman to appear phv ; Affidavit in Support; order tendered; receipt #011247 (CDF) (Entered: 06/24/2002)

06/27/2002 130 ORDER by Mag Judge E. R. Goebel granting motion for atty Daniel S. Drosman to appear phv [129-1] (cc: all counsel) [Entry Date: 6/27/02] (CDF) (Entered: 06/27/2002)

07/15/2002 131 ORDER by Mag Judge E. R. Goebel; this action and Fidel vs. Farley, 1:00CV-48-M, are CONSOLIDATED FOR ALL DISCOVERY PURPOSES [120-1]; the CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER entered herein is now binding and effective to 1:00CV-48-M [128-1] (cc: all counsel) [Entry Date: 7/15/02] (CDF) (Entered: 07/15/2002)

06/16/2003 132 MOTION by plaintiff New England Health for attorney Liana A. Larson to appear pro hac vice ; affidavit in Support; order tendered (MLL) (Entered: 06/16/2003)

06/17/2003 133 ORDER by Magistrate Judge E. R. Goebel granting motion for attorney Liana A. Larson to appear pro hac vice [132-1] (cc: all counsel) [Entry Date: 6/17/03] (MLL) (Entered: 06/17/2003)

06/24/2003 134 Amended Scheduling ORDER by Mag Judge E. R. Goebel re [119-1], [120-2] ;i pla shall disclose experts by 1/16/04; dft shall disclose experts by 3/5/04; expert discovery ddl set for 5/7/04; merits discovery ddl 12/19/03; dispositive motion ddl set for 5/28/04; tele status conf set for 9:00 12/23/03 before Mag Judge E. R. Goebel, w/Ct initiating (cc: all counsel) [Entry Date: 6/24/03] (CDF) (Entered: 06/24/2003)

07/17/2003 135 NOTICE of Change of Firm Name by Mayer, Brown, Rowe & Maw LLP (CDF) (Entered: 07/17/2003)

09/30/2003 136 Stipulation and Proposed Order Granting Plaintiff Leave to File an Amended Complaint TENDERED . (CDF) (Entered: 09/30/2003)

10/15/2003 137 STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT by E. Robert Goebel on 10/13/2003 (cc: counsel of record)(CDF) (Entered: 10/15/2003)

11/10/2003 138 ORDER by E. Robert Goebel on 11/07/2003; Telephone Conference set for 11/14/2003 01:30 PM before Magistrate Judge E. Robert Goebel. (cc: counsel)(CDF) (Entered: 11/10/2003)

11/20/2003 140 Amended Scheduling Order TENDERED by parties. (CDF) (Entered: 11/21/2003)

11/21/2003 139 ORDER for proceedings held before E. Robert Goebel : TelephonicStatus Conference held on 11/14/2003. Court approved the deadlines set forth in the amended scheduling order which will be tendered to the Court by the parties; Jury Trial set for 7/11/2005 09:00 AM before Judge Joseph H. McKinley Jr. (cc: counsel) (CDF) (Entered: 11/21/2003)

11/25/2003 141 AMENDED SCHEDULING ORDER for proceedings held before E. Robert Goebel: Scheduling Conference held on 11/25/2003. Discovery due by 7/19/2004. Dispositive Motions due by 1/28/2005. Expert Witness (Defendant) due by 11/5/2004. Expert Witness (Plaintiff) due by 8/16/2004. Telephonic Status Conference set for 7/20/2004 at 01:00 PM before Magistrate Judge E. Robert Goebel. (LW) (Entered: 11/25/2003)

01/20/2004 142 ORDER by Joseph H. McKinley Jr. on 01/15/2004; Daubert Motion due by 1/28/2005. Final Exhibit and Witness Lists due by 4/25/2005. Motions in limine due by 5/16/2005. Objections to Exhibit List / Witness List due by 5/16/2005. Response to Objections due by 6/6/2005. Trial Brief with Jury Instructions and Proposed Voir Dire due by 6/27/2005. Jury Trial set for 7/11/2005 at 9:00 a.m. for six to eight weeks. Notice of Settlement due by 7/9/2005. (cc: counsel)(CDF) (Entered: 01/20/2004)

03/19/2004 143 MOTION for Leave to File Third-Party Complaint by Defendants Richard C. Lappin ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ; and John Wigodsky. Responses due by 4/6/2004 (Attachments: # 1 Proposed 3rd Party

Complaint # 2 Proposed 3rd Party Complaint (continued)# 3 Appendix to Proposed Third-Party Complaint# 4 Memorandum in Support # 5 Proposed Order)(CDF) (Entered: 03/22/2004)

03/22/2004 144 REVISED CERTIFICATE OF SERVICE by Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, and John Wigodsky re 143 MOTION for Leave to File Third-Party Complaint. (CDF) (Entered: 03/22/2004)

03/26/2004 145 TENDERED Agreed Order Regarding Filing of Third-Party Complaint by William Farley ; Richard C. Lappin ; New England Health Care Employees Pension Fund ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ; and John Wigodsky. (CDF) (Entered: 03/26/2004)

03/29/2004 146 AGREED ORDER REGARDING FILING OF THIRD-PARTY COMPLAINT by E. Robert Goebel on 03/29/2004 granting 143 Motion for Leave to File Third-Party Complaint and accompanying Appendix. (cc: counsel) (CDF) (Entered: 03/29/2004)

03/29/2004 147 THIRD PARTY COMPLAINT against Westport Insurance Corporation, Genesis Insurance Company, Underwriters of Lloyds of London, National Union Fire Insurance Company of Pittsburgh, PA, Illinois National Insurance Company , filed by John Wigodsky, Larry K. Switzer, Burgess D. Ridge, G. William Newton, Richard C. Lappin. (Attachments: # 1 Main Document (continued)# 2 Appendix)(CDF) (Entered: 03/29/2004)

04/08/2004 148 SUMMONS Returned Executed; Illinois National Insurance Company served via Secretary of State 04/01/2004. (CSD) (Entered: 04/12/2004)

04/08/2004 149 SUMMONS Returned Executed; National Union Fire Insurance Company served via Secretary of State 04/01/2004. (CSD) (Entered: 04/12/2004)

04/09/2004 150 SUMMONS Returned Executed; Underwriters of Lloyds of London served via Secretary of State 04/02/2004. (CSD) (Entered: 04/12/2004)

04/09/2004 151 SUMMONS Returned Executed; Genesis Insurance Company served via Secretary of State 04/02/2004. (CSD) (Entered: 04/12/2004)

04/14/2004 152 REPORT for proceedings held before E. Robert Goebel : Telephone Conference held on 4/9/2004. Counsel for the insurance companies had an opportunity to review the matter with their respective clients and were to advise Mr. English, Sr., Mr. Edelen and the undersigned of their individual/collective decisions regarding the matter. (cc: counsel) (CDF) (Entered: 04/14/2004)

04/15/2004 153 SUMMONS Returned Executed by G. William Newton, Burgess D. Ridge, Larry K. Switzer, John Wigodsky as to Westport Insurance Corporation on 4/2/2004. (CDF) Additional attachment(s) added on 4/19/2004 (CDF). (Entered: 04/16/2004)

04/15/2004 154 SUMMONS Returned Executed by Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, John Wigodsky as to Underwriters of Lloyds of London. (CDF) Additional attachment(s) added on 4/19/2004 (CDF). (Entered: 04/16/2004)

04/16/2004 155 MOTION for Robert B. Fish to Appear Pro Hac Vice on behalf of Underwriters of Lloyds of London. (Attachments: # 1 Affidavit # 2 Proposed Order # 3

Receipt)(CDF) (Entered: 04/19/2004)

04/16/2004 156 Emergency MOTION for Extension of Time to File Answer re 147 Third Party Complaint by Underwriters of Lloyds of London. Responses due by 4/26/2004 (Attachments: # 1 Affidavit # 2 Proposed Order)(CDF) (Entered: 04/19/2004)

04/21/2004 157 Tendered Agreed Order Regarding Extension of Time for Third-Party Defendant Underwriters to Respond to Third-Party Complaint by Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, John Wigodsky, and Underwriters of Lloyds of London. (CDF) (Entered: 04/21/2004)

04/21/2004 163 NOTICE of Appearance of Counsel by Kathy P. Holder, Douglas W. Langdon, and Charles S. Cassis on behalf of Illinois National Insurance Company and National Union Fire Insurance Company (LMW) (Entered: 04/26/2004)

04/22/2004 158 ORDER by E. Robert Goebel on 4/21/04; granting 155 Motion to Appear Pro Hac Vice (LMW) (Entered: 04/22/2004)

04/22/2004 159 AGREED ORDER by E. Robert Goebel on 4/21/04; granting 156 Motion for Extension of Time to Answer (LMW) (Entered: 04/22/2004)

04/22/2004 161 MOTION for Nancy K. Tordai to Appear Pro Hac Vice by Underwriters of Lloyds of London. Responses due by 5/10/2004 (Attachments: # 1 Affidavit # 2 Proposed Order # 3 Receipt)(LMW) (Entered: 04/26/2004)

04/26/2004 160 Agreed Order Regarding Extension of Time for Third-Party Defendant Westport to Respond to Third-Party Complaint tendered and submitted to ERG by Richard C. Lappin; G. William Newton; Burgess D. Ridge; Larry K. Switzer; John Wigodsky and Westport Insurance Corporation. (LMW) (Entered: 04/26/2004)

04/26/2004 162 Agreed Order Regarding Extension of Time for Third-Party Defendants Illinois National and National Union to Respond to Third-Party Complaint tendered and submitted to ERG by Illinois National Insurance Company; Richard C. Lappin; National Union Fire Insurance Company; G. William Newton; Burgess D. Ridge; Larry K. Switzer and John Wigodsky. (LMW) (Entered: 04/26/2004)

04/26/2004 164 REPORT for proceedings held before E. Robert Goebel : Telephone Conference held on 4/26/2004. (cc: counsel) (CDF) (Entered: 04/26/2004)

04/27/2004 165 AGREED ORDER extending time for Westport Insurance to respond to Thrid-Party Complaint to 5/3/04 by E. Robert Goebel on 4/27/04(LMW) (Entered: 04/27/2004)

04/28/2004 166 ORDER by E. Robert Goebel on 4/27/04; granting 161 Motion to Appear Pro Hac Vice of Nancy K. Tordai (LMW) (Entered: 04/28/2004)

04/28/2004 167 AGREED ORDER granting extension of time for Illinois National and National Union to respond to third-party complaint by E. Robert Goebel on 4/27/04(LMW) (Entered: 04/28/2004)

04/28/2004 168 MOTION to Dismiss Third-Party Complaint, with Request for Oral Argument, by Genesis Insurance Company. Responses due by 5/17/2004 (Attachments: # 1 Memorandum in Support # 2 Exhibit A - Transcript - Ruling 1/27/2004# 3 Exhibits B, C & D - Notice of Docket Entry & Opinions# 4 Exhibit E - Opinion# 5 Exhibits

F & G - Opinions# 6 Exhibits H & I - Docket Sheet & Opinion# 7 Exhibits J & K - Opinions# 8 Exhibits L & M - Opinions# 9 Proposed Order)(CDF) Modified on 6/9/2004 (CDF). (Entered: 04/29/2004)

04/28/2004 MOTION for Oral Argument re 168 MOTION to Dismiss by Genesis Insurance Company. Responses due by 5/17/2004 (CDF) (Entered: 06/09/2004)

05/03/2004 169 MOTION to Dismiss/Joinder to Genesis Insurance Company's Motion by Westport Insurance Corporation. Responses due by 5/21/2004 (Attachments: # 1 Exhibit A - letter from David Hensler to Richard Seligman# 2 Exhibit B - letter from Betty Weeks to Richard Seligman# 3 Exhibit C - letter with draft of agreement# 4 Proposed Order)(CDF) (Entered: 05/04/2004)

05/03/2004 173 MOTION to Dismiss 147 Third Party Complaint or MOTION to Stay and MOTION for Oral Argument by Underwriters of Lloyds of London. Responses due by 5/21/2004 (Attachments: # 1 Memorandum in Support # 2 Court Opinions# 3 Proposed Order)(CDF) (Entered: 05/05/2004)

05/04/2004 170 MOTION for Extension of Time to Complete Discovery 30 days and MOTION for Status Conference on 6/1/2004 by Defendants William Farley ; Fruit of the Loom, Inc. ; Richard C. Lappin ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ; John Wigodsky. Responses due by 5/24/2004 (Attachments: # 1 Proposed Order)(CDF) (Entered: 05/05/2004)

05/04/2004 171 Attorney NOTICE to Ronald L. Ohren re 169 Motion to Dismiss : failure to comply, by filing motion for admission pro hac vice, will be brought to the attention of the Court. Response due by 5/17/2004. (CDF) (Entered: 05/05/2004)

05/04/2004 172 Attorney NOTICE to Hillary P. Krantz re 169 Motion to Dismiss : failure to comply, by filing motion for admission pro hac vice, will be brought to the attention of the Court. Response due by 5/17/2004. (CDF) (Entered: 05/05/2004)

05/06/2004 174 MOTION to Dismiss by Illinois National Insurance Company and National Union Fire Insurance Company. Responses due by 5/24/2004 (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(CDF) (Entered: 05/07/2004)

05/10/2004 175 NOTICE OF CHANGE OF FIRM AFFILIATION by attorneys for New England Health Care Employees Pension Fund (LMW) (Entered: 05/11/2004)

05/10/2004 176 NOTICE OF CHANGE OF FIRM AFFILIATION by attorneys for New England Health Care Employees Pension Fund (LMW) (Entered: 05/11/2004)

05/11/2004 177 MOTION for Peter R. Bisio, Deborah L. Boardman, David J. Hensler to Appear Pro Hac Vice by Genesis Insurance Company. Fees paid, Receipt No. 21342 issued. (Attachments: # 1 Affidavit of David J. Hensler # 2 Affidavit of Peter R. Bisio # 3 Affidavit of Deborah L. Boardman # 4 Proposed Order)(LMW) (Entered: 05/12/2004)

05/13/2004 178 MOTION for Ronald L. Ohren to Appear Pro Hac Vice on behalf of Third-Party Defendant Westport Insurance Corporation. (Attachments: # 1 Affidavit # 2 Proposed Order # 3 Receipt)(CDF) (Entered: 05/14/2004)

05/13/2004 179 MOTION for Hillary P. Krantz to Appear Pro Hac Vice on behalf of Westport Insurance Corporation. (Attachments: # 1 Affidavit # 2 Proposed Order # 3

Receipt)(CDF) (Entered: 05/14/2004)

05/14/2004 Response to 171 Notice of Deficiency by filing Motion for Admission Pro Hac Vice of Ronald L. Ohren. (CDF) (Entered: 05/14/2004)

05/14/2004 Response to 172 Notice of Deficiency by Westport Insurance Corporation, by Hillary Krantz filing a motion for admission pro hac vice. (CDF) (Entered: 05/14/2004)

05/14/2004 180 Letter of clarification on counsel for plaintiffs from Valerie L. McLaughlin. (LMW) (Entered: 05/17/2004)

05/17/2004 181 ORDER by E. Robert Goebel on 05/13/2004 granting 177 Motion to Appear Pro Hac Vice, David J. Hensler, Peter R. Bisio, and Deborah L. Boardman on behalf of Third-Party Defendant Genesis Insurance. (cc: counsel) (CDF) (Entered: 05/17/2004)

05/17/2004 182 RESPONSE to Motion re 168 MOTION to Dismiss Third-Party Complaint by Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer and John Wigodsky. (Attachments: # 1 Copy of Third-Party Complaint # 2 Case law # 3 Case law # 4 Copy of original complaint # 5 Proposed Order)(LMW) (Entered: 05/18/2004)

05/18/2004 183 MOTION for Leave to File Third Party Complaint by William Farley. Responses due by 6/7/2004 (Attachments: # 1 Proposed Order # 2 Third Party Complaint # 3 Continuation of Third Party Complaint # 4 Exhibit A: Letter from Fenton to Zacharia # 5 Exhibit B: Letter from Fenton to Hanson # 6 Exhibit C: Letter from Fenton to Tordai)(LMW) (Entered: 05/19/2004)

05/19/2004 184 ORDER by E. Robert Goebel on 5/19/04; granting 178 Motion to Appear Pro Hac Vice of Ronald L. Ohren (LMW) (Entered: 05/19/2004)

05/19/2004 185 ORDER by E. Robert Goebel on 5/19/04; granting 179 Motion to Appear Pro Hac Vice of Hillary Krantz. (LMW) (Entered: 05/19/2004)

05/19/2004 186 Agreed Order extending time for third-party plaintiffs to respond to Underwriters' Motion to Dismiss or Stay tendered and submitted to ERG in Owensboro. (LMW) (Entered: 05/19/2004)

05/20/2004 187 Third-Party Plaintiffs' Opposition to Westport Insurance Corporation's Joinder to Genesis' Motion to Dismiss Third-Party Complaint 169 by Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, and John Wigodsky. (Attachments: # 1 Exhibit A - Third-Party Complaint# 2 Proposed Order)(CDF) (Entered: 05/21/2004)

05/20/2004 190 TENDERED Agreed Order Regarding Extension of Time for Third-Party Plaintiffs to Respond to Motion to Dismiss Third-Party Defendants Illinois National and National Union by Illinois National Insurance Company ; Richard C. Lappin ; National Union Fire Insurance Company ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ; John Wigodsky. (CDF) (Entered: 05/24/2004)

05/21/2004 188 AGREED ORDER REGARDING EXTENSION OF TIME FOR THIRD-PARTY PLAINTIFFS TO RESPOND TO UNDERWRITERS' MOTION TO DISMISS OR STAY by E. Robert Goebel on 05/20/2004 ; time to respond to 173 motion is

extended to and including 5/28/2004. (cc: counsel)(CDF) (Entered: 05/21/2004)

05/21/2004 189 NOTICE OF FILING OF AGREED ORDER PERMITTING FILING OF THIRD PARTY COMPLAINT by William Farley re 183 MOTION for Leave to File Third Party Complaint (Attachments: # 1 Agreed Order Permitting Filing of Third Party Complaint)(CDF) (Entered: 05/24/2004)

05/28/2004 191 AGREED ORDER by E. Robert Goebel on 05/28/2004 re 174 MOTION to Dismiss filed by National Union Fire Insurance Company, Illinois National Insurance Company; Third-Party Plaintiffs' time to respond is extended to and including 5/28/2004. (cc: counsel)(CDF) (Entered: 05/28/2004)

05/28/2004 192 Third-Party Plaintiffs' Opposition to Motion to Dismiss Third-Party Defendants Illinois National and National Union 174 and to Third-Party Defendants Underwriters at Lloyds' London Motion to Dismiss or Stay 173 by Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, John Wigodsky. (Attachments: # 1 Exhibits A & B# 2 Exhibits C - G# 3 Exhibits H - J# 4 Exhibits K & L# 5 Proposed Order)(CDF) (Entered: 06/01/2004)

06/01/2004 193 AGREED ORDER PERMITTING FILING OF THIRD PARTY COMPLAINT by E. Robert Goebel on 05/28/2004 granting 183 Motion for Leave to File Third Party Complaint. (cc: counsel) (CDF) (Entered: 06/01/2004)

06/01/2004 194 THIRD PARTY COMPLAINT against Genesis Insurance Company, Illinois National Insurance Company, National Union Fire Insurance Company, Underwriters of Lloyds of London, and Westport Insurance Corporation , filed by William Farley. (Attachments: # 1 Main Document continued (pages 51-66)# 2 Exhibit A - letter from Richard Fenton to Thomas Zacharia# 3 Exhibit B - letter from Richard Fenton to Keith Hanson# 4 Exhibit C - letter from Richard Fenton to Nancy Tordai)(CDF) (Entered: 06/01/2004)

06/01/2004 195 MOTION for Expedited Briefing Schedule on Motion for Partial Summary Judgment on Defense Costs by Richard C. Lappin ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ; John Wigodsky. Responses due by 6/21/2004 (Attachments: # 1 Exhibit A - copy Opposition to Defendants' Motion for Protective Order Staying Discovery for Thirty Days# 2 Exhibit B - Plaintiffs' Notice of Depositions# 3 Proposed Order)(CDF) (Entered: 06/02/2004)

06/01/2004 196 Third-Party Plaintiffs' MOTION for Partial Summary Judgment on Defense Costs and Request for Oral Argument by Richard C. Lappin ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ; John Wigodsky. Responses due by 6/21/2004 (Attachments: # 1 Memorandum in Support with Exhibit A & B# 2 Exhibits C - H to Memorandum# 3 Appendix Exhibits 1 - 8# 4 Appendix Exhibit 9# 5 Appendix Exhibit 10# 6 Appendix Exhibits 11 - 13# 7 Appendix Exhibits 14 - 19# 8 Appendix Exhibits 20 - 28# 9 Proposed Order)(CDF) Modified text on 6/2/2004 (CDF). (Entered: 06/02/2004)

06/01/2004 197 REPLY in Support of Third-Party Defendant Genesis Insurance Company's Motion to Dismiss Third-Party Complaint 168. (Attachments: # 1 Exhibit A - Transcript# 2 Exhibit B - Sixth Circuit opinion)(CDF) (Entered: 06/02/2004)

06/01/2004 MOTION for Oral Argument re 196 MOTION for Partial Summary Judgment by Richard C. Lappin ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ;

John Wigodsky. Responses due by 6/21/2004 (CDF) (Entered: 06/09/2004)

06/03/2004 198 Third-Party Defendant's Underwriters at Lloyd's London MOTION to Stay Proceedings on the Third-Party Plaintiffs' Motion for Partial Summary Judgment re 196. Responses due by 6/21/2004 (Attachments: # 1 Proposed Order)(CDF) (Entered: 06/04/2004)

06/03/2004 199 Third-Party Defendant's Underwriters at Lloyd's London Memorandum RESPONSE in Opposition to Third-Party Plaintiff's Motion for Expedited Briefing Schedule on Their Motion for Partial Summary Judgment on Defense Costs re 195. (Attachments: # 1 Exhibits A & B)(CDF) Additional attachment(s) added on 6/8/2004 (LMW). (Entered: 06/04/2004)

06/04/2004 200 Westport's REPLY Memorandum in Support of its Motion to Dismiss the Third-Party Complaint 169. (CDF) (Entered: 06/04/2004)

06/04/2004 201 Genesis Insurance Company's Opposition to Third-Party Plaintiffs' Motion for Expedited Briefing Schedule on Their Motion for Partial Summary Judgment on Defense Costs 195. (Attachments: # 1 Proposed Order)(CDF) (Entered: 06/07/2004)

06/04/2004 202 NOTICE of Deficiency re 201 Response to Motion: failure to comply, by tendering a proposed order, will be brought to the attention of the Court. Response due by 6/9/2004. (cc: David Hale)(CDF) (Entered: 06/07/2004)

06/04/2004 203 MOTION of Third-Party Defendants' Illinois National Insurance Company and National Union Fire Insurance Company to Stay Proceedings on Third-Party Plaintiffs' 196 MOTION for Partial Summary Judgment on Defense Costs and Incorporated Memorandum in Support Hereof. Responses due by 6/22/2004 (Attachments: # 1 Proposed Order)(CDF) (Entered: 06/07/2004)

06/04/2004 204 Memorandum RESPONSE of Third-Party Defendants' Illinois National Insurance Company and National Union Fire Insurance Company in Opposition to Third-Party Plaintiffs' 195 MOTION for Expedited Briefing Schedule on Their Motion for Partial Summary Judgment on Defense Costs. (Attachments: # 1 Proposed Order)(CDF) (Entered: 06/07/2004)

06/04/2004 205 MOTION for Partial Summary Judgment on Defense Costs by William Farley. Responses due by 6/22/2004 (Attachments: # 1 Proposed Order)(LMW) (Entered: 06/08/2004)

06/04/2004 206 MOTION to Expedite Briefing Schedule on Motion for Partial Summary Judgment on Defense Costs by William Farley. Responses due by 6/22/2004 (Attachments: # 1 Proposed Order)(LMW) (Entered: 06/08/2004)

06/07/2004 Response to 202 Notice of Deficiency by Genesis Insurance Company. Proposed Order tendered and placed with 201. (CDF) (Entered: 06/07/2004)

06/07/2004 207 Genesis Insurance Company's MOTION to Stay Third-Party Action as to Genesis 147. Responses due by 6/25/2004 (Attachments: # 1 Memorandum in Support & case law# 2 Proposed Order)(CDF) (Entered: 06/08/2004)

06/09/2004 208 ORDER for proceedings held before E. Robert Goebel : Telephone Conference held on 6/7/2004. Defendants/Third Party Plaintiffs' Motion for Protective Order

Staying Discovery Thirty Days 170 denied; Defendants/Third Party Plaintiffs' Motion for Expedited Briefing Schedule 195 denied. (cc: counsel) (CDF) (Entered: 06/09/2004)

06/14/2004 209 REPLY to Response to Motion re 173 MOTION to Dismiss MOTION for Hearing re 147 Third Party Complaint, MOTION to Stay re 147 Third Party Complaint, by Underwriters of Lloyds of London. (Attachments: #(1) Exhibit A #(2) Exhibit B)(MLG) Modified on 6/18/2004-changed filer (MLG). (Entered: 06/14/2004)

06/15/2004 210 REPLY of Illinois National Insurance Company and National Union Fire Insurance Company to Third-Party Plaintiffs' Opposition to Motion to Dismiss 174. (Attachments: # 1 Proposed Order)(CDF) (Entered: 06/16/2004)

06/18/2004 211 ORDER by Joseph H. McKinley Jr. on 6/18/04; granting 198 203 and 207 Motions to Stay Proceedings on Third-Party action pending resolution of the Third Party Defendant's motions to dismiss and denying 206 Motion to Expedite briefing (LMW) (Entered: 06/18/2004)

06/18/2004 212 ORDER by Joseph H. McKinley Jr. (EBOC) on 6/18/04; Oral Arguments on all pending motions to dismiss set for 7/9/2004 at 10:00 AM CDT in Courtroom before Judge Joseph H. McKinley Jr.(LMW) (Entered: 06/18/2004)

06/21/2004 213 Stipulation and Proposed Order Continuing Discovery Cut-off Deadline and Granting Moratorium on Discovery by Fruit of the Loom, Inc. ; Bernhard Hansen ; Richard C. Lappin ; New England Health Care Employees Pension Fund ; G. William Newton ; Burgess D. Ridge ; Larry K. Switzer ; John Wigodsky. (LMW) (Entered: 06/21/2004)

06/21/2004 214 MOTION to Dismiss Third Party Complaint of William Farley by Third Party Defendants Illinois National Insurance Company and National Union Fire Insurance Company. Responses due by 7/9/2004 (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(LMW) (Entered: 06/22/2004)

06/22/2004 215 MOTION to Dismiss or Stay William Farley's Third-Party Complaint by Underwriters of Lloyds of London. Responses due by 7/12/2004 (Attachments: # 1 Proposed Order)(LMW) (Entered: 06/22/2004)

06/22/2004 216 ORDER by E. Robert Goebel on 6/22/2004; re 141 Scheduling Conference, Discovery due by 1/15/2005. There is a four-week moratorium on discovery from June 18, 2004 to July 18, 2004 per agreement of the parties.(LMW) (Entered: 06/22/2004)

06/24/2004 217 RESPONSE re 214 MOTION to Dismiss by William Farley. (Attachments: # 1 Proposed Order)(LMW) (Entered: 06/25/2004)

06/24/2004 218 RESPONSE to Motion to Dismiss or Stay re 215 by William Farley. (Attachments: # 1 Proposed Order)(LMW) (Entered: 06/25/2004)

06/29/2004 219 MOTION for Robert M. Spalding to Appear Pro Hac Vice on behalf of Third Party Defendant Westport Insurance Corporation. (Attachments: # 1 Affidavit of Robert M Spalding# 2 Proposed Order # 3 Receipt)(CDF) (Entered: 06/30/2004)

07/02/2004 220 ORDER by E. Robert Goebel on 7/1/2004; granting 219 Motion to Appear Pro Hac Vice of Robert M. Spalding. (LMW) (Entered: 07/02/2004)

07/06/2004 221 REPLY of Illinois National Insurance Company and National Union Fire Insurance Company of Pittsburgh to Opposition of Third-Party Plaintiff William Farley to Motion to Dismiss 214. (Attachments: # 1 Proposed Order)(CDF) (Entered: 07/06/2004)

07/06/2004 222 ORDER by E. Robert Goebel on 07/02/2004 re 216 Order; Telephone Status Conference previously scheduled for 7/20/2004 REMANDED and RESCHEDULED for 1/18/2005 09:00 AM before Magistrate Judge E. Robert Goebel. (cc: counsel)(CDF) (Entered: 07/06/2004)

07/27/2004 223 MEMORANDUM OPINION AND ORDER by Joseph H. McKinley Jr. on 07/26/2004 finding that the Court lacks supplemental juridiction and granting motions to dismiss Third-Party Complaints by Third-Party Defendants pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(3), 12(b)(6) and 12(b)7 168 169 173 174 214 215; Further ordered that motions for partial summary judgment filed by Third-Party Plaintiffs 196 205 are moot. (cc: counsel)(CDF) (Entered: 07/27/2004)

07/27/2004 224 JUDGMENT by Joseph H. McKinley Jr. on 07/26/2004 in favor of Third-Party Defendants against Third-Party Plaintiffs, consistent with Court's Memorandum Opinion and Order 223. Third-Party Plaintiffs' complaints dismissed. It is hereby ordered that this judgment is Final and Appealable. (cc: counsel)(CDF) (Entered: 07/27/2004)

07/27/2004 225 TRANSCRIPT of Oral Arguments Proceedings held on 07/09/2004 before Judge Joseph H. McKinley, Jr. Court Reporter: H. Ruthe Potami. (CDF) (Entered: 07/28/2004)

08/11/2004 226 NOTICE OF CHANGE OF FIRM NAME by counsel for Plaintiff, now Lerach Coughlin Stoia Geller Rudman & Robbins LLP. (CDF) (Entered: 08/11/2004)

10/04/2004 227 ORDER by E. Robert Goebel (EBOC) on 10/4/2004; Parties having contacted the Court requesting a settlement conference, it is ORDERED that Settlement Conference is set for 10/19/2004 at 09:00 AM in the Bowling Green Chambers before Magistrate Judge E. Robert Goebel. Ex parte settlement conference statements and Status Report due by 10/13/2004. (LMW) (Entered: 10/04/2004)

10/14/2004 228 NOTICE of Change of Firm Address by Ronald R. Parry (CDF) (Entered: 10/15/2004)

10/22/2004 229 ORDER for proceedings held before E. Robert Goebel : Settlement Conference held on 10/19/2004. Parties were unable to reach a settlement; however, progess did occur. Counsel for parties advised the Magistrate Judge they had no objection to his conducting ex parte telephonic conferences with any party for the sole purpose of discussing settlement. Telephone Conference set for 10/28/2004 10:30 AM before Magistrate Judge E. Robert Goebel. (CDF) (Entered: 10/22/2004)

10/29/2004 230 REPORT AND ORDER for proceedings held before E. Robert Goebel : TelephonicStatus Conference held on 10/28/2004. Telephone Conference set for 10/29/2004 02:00 PM before Magistrate Judge E. Robert Goebel. (CDF) (Entered: 10/29/2004)

11/02/2004 231 REPORT AND ORDER on proceedings held before E. Robert Goebel : TelephonicStatus Conference held on 10/29/2004. Telephone Conference with

insurance carriers set for 11/2/2004 03:00 PM before Magistrate Judge E. Robert Goebel. (CDF) (Entered: 11/02/2004)

11/04/2004 232 ORDER by E. Robert Goebel on 11/2/2004 re 231 Order setting telephonic conference with insurance carriers. Telephonic conference with insurance carriers previously scheduled for 11/2/2004 REMANDED and RESCHEDULED for 11/5/2004 03:00 PM before Magistrate Judge E. Robert Goebel.(CDF) (Entered: 11/04/2004)

11/09/2004 233 REPORT AND ORDER for proceedings held before E. Robert Goebel : Telephone Conference held on 11/5/2004. Telephonic Status Conference set for 12/2/2004 10:30 AM before Magistrate Judge E. Robert Goebel. (CDF) (Entered: 11/09/2004)

12/07/2004 234 ORDER for proceedings held before E. Robert Goebel : Telephone Conference held on 12/2/2004. Telephonic Status Conference set for 1/3/2005 11:30 AM before Magistrate Judge E. Robert Goebel. (CDF) (Entered: 12/07/2004)

01/06/2005 235 REPORT for proceedings held before E. Robert Goebel : TelephonicStatus Conference held on 1/3/2005. Counsel advised that settlement of this action is still pending. Parties will continue settlement discussions on 1/10/2005 at settlement conference in Fidel v. Farley case. cc:Counsel(CDF) (Entered: 01/06/2005)

01/31/2005 236 AMENDED SCHEDULING ORDER by E. Robert Goebel on 1/28/2005; re 139 Schedules: All Merit Discovery due by 3/15/2005. Dispositive Motions due by 4/1/2005 and Daubert Motions due by 4/1/2005. Expert Witness (Plaintiff & Defendant) due by 3/1/2005. cc:Counsel(LMW) (Entered: 01/31/2005)

06/13/2005 237 ORDER for proceedings held before E. Robert Goebel : Telephone Conference held on 6/10/2005. Proposed settlement documents due by 6/21/2005. cc: Counsel, Secretary to Magistrate Judge(CDF) (Entered: 06/13/2005)

06/21/2005 238 STIPULATION OF SETTLEMENT in response to 237 Order by New England Health Care Employees Pension Fund, Fruit of the Loom, Inc., William Farley, Bernhard Hansen, Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, John Wigodsky. (Attachments: # 1 Exhibit A - Proposed Order Preliminarily Approving Settlement and Providing for Notice# 2 Exhibit A-1 - Notice of Pendency and Settlement of Class Action# 3 Exhibit A-2 - Proof of Claim and Release# 4 Exhibit A-3 - Summary Notice for Publication# 5 Exhibit B - Proposed Final Judgment and Order of Dismissal with Prejudice)(CDF) Additional attachment(s) added on 6/30/2005 (CDF). Additional attachment(s) added on 7/1/2005 (CDF). (Entered: 06/22/2005)

06/22/2005 239 Proposed Agreed Order Regarding Substitution of Corrected Pages in Stipulation of Settlement by New England Health Care Employees Pension Fund, Fruit of the Loom, Inc., William Farley, Bernhard Hansen, Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, John Wigodsky. (Attachments: # 1 Exhibit A - pages 8 and 9 tendered for substitution)(CDF) (Entered: 06/23/2005)

06/28/2005 240 MOTION for Keith F. Park to Appear Pro Hac Vice on behalf of New England Health Care Employees Pension Fund. (Attachments: # 1 Affidavit of Keith F. Park# 2 Proposed Order)(CDF) (Entered: 06/29/2005)

06/28/2005 241 Second Proposed Agreed Order Regarding Substitution of Corrected Pages in

Stipulation of Settlement by New England Health Care Employees Pension Fund, Fruit of the Loom, Inc., William Farley, Bernhard Hansen, Richard C. Lappin, G. William Newton, Burgess D. Ridge, Larry K. Switzer, John Wigodsky. (Attachments: # 1 Exhibit A - tendered pages to be substituted for 8 and 9)(CDF) (Entered: 06/29/2005)

06/30/2005 242 AGREED ORDER REGARDING SUBSTITUTION OF CORRECTED PAGES IN STIPULATION OF SETTLEMENT by E. Robert Goebel on 6/30/2005 re 238 Stipulation and 239 Proposed Agreed Order. (Attachments: # 1 Exhibit A - pages to be substituted)cc: Counsel, Secretary to Magistrate(CDF) (Entered: 06/30/2005)

07/01/2005 243 ORDER by E. Robert Goebel on 6/30/2005 granting 240 Motion to Appear Pro Hac Vice, Keith F. Park. cc: Counsel, Secretary to Magistrate(CDF) (Entered: 07/01/2005)

07/01/2005 244 SECOND AGREED ORDER REGARDING SUBSTITUTION OF CORRECTED PAGES IN STIPULATION OF SETTLEMENT by E. Robert Goebel on 6/30/2005 re 238 Stipulation and 241 Proposed Second Agreed Order. (Attachments: # 1 Exhibit A - corrected pages 8 and 9 for substitution)cc: Counsel, Secretary to Magistrate Judge(CDF) (Entered: 07/01/2005)

07/07/2005 245 ORDER by Joseph H. McKinley Jr. on 7/7/2005; The jury trial scheduled 7/11/2005 is vacated.cc: Counsel(CDF) (Entered: 07/07/2005)

07/08/2005 246 Unopposed MOTION for Preliminary Approval of Settlement re 238 Stipulation, by New England Health Care Employees Pension Fund. Responses due by 7/26/2005 (Attachments: # 1 Memorandum in Support)(CDF) (Entered: 07/08/2005)

09/15/2005 247 Proposed Order Preliminarily Approving Settlement and Providing for Notice. (Attachments: # 1 Exhibit 1: Notice of Pendency and Settlement of Class Action # 2 Exhibit 2: Proof of Claim and Release # 3 Exhibit 3: Summary Notice for Publication)(LMW) (Entered: 09/15/2005)

09/15/2005 248 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE by E. Robert Goebel on 9/15/2005; (Attachments: # 1 Exhibit 1: Notice of Pendency and Settlement of Class Action # 2 Exhibit 2: Proof of Claim and Release # 3 Exhibit 3: Summary Notice for Publication)cc:Counsel, Secretary to U. S. Magistrate Judge Goebel(LMW) (Entered: 09/15/2005)

09/16/2005 249 NOTICE of Change of Address of Lerach Coughlin Stoia Geller Rudman & Robbins LLP by Amber L. Eck, Liana A. Larson, William S. Lerach, Valerie McLaughlin, Ronald R. Parry, Henry Rosen, Mark Solomon. (CDF) (Entered: 09/19/2005)

09/19/2005 250 NOTICE of Change of Firm Address on behalf of Plaintiff by Amber L. Eck, Liana A. Larson, William S. Lerach, Valerie McLaughlin, Ronald R. Parry, Henry Rosen, Mark Solomon (CDF) (Entered: 09/19/2005)

11/21/2005 251 REPORT AND ORDER for proceedings held before E. Robert Goebel : Telephone Conference held on 11/18/2005. Settlement hearing set for 1/5/2006 remanded and Settlement Hearing reset for 3/3/2006 at 09:00 AM in Courtroom before Judge Joseph H. McKinley Jr. cc:Counsel, Case Manager for Judge McKinley, Secretary

for Magistrate Judge Goebel(LMW) (Entered: 11/21/2005)

12/14/2005 252 NOTICE of Filing revised proposed Order Preliminarily Approving Settlement and Providing for Notice by Plaintiffs re 248 Order. (Attachments: # 1 Declaration of Service# 2 Proposed Order Preliminarily Approving Settlement and Providing for Notice# 3 Exhibit 1 - Notice of Pendency and Settlement of Class Action# 4 Exhibit 2 - Proof of Claim and Release# 5 Exhibit 3 - Summary Notice for Publication# 6 Declaration of Service)(CDF) (Entered: 12/15/2005)

12/16/2005 253 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE by E. Robert Goebel on 12/16/2005 re 238 Stipulation. Settlement Hearing set for 3/3/2006 09:00 AM before Judge Joseph H. McKinley Jr. Pursuant to Rule 53(c) of the Federal Rules of Civil Procedure, the Court appoints the firm of Gilardi & Co. LLC, 1115 Magnolia Avenue, Larkspur, CA 94939 (Claims Administrator) to supervise and administer the notice procedure as well as the processing of claims as more fully set forth. (Attachments: # 1 Exhibit 1 - Notice of Pendency and Settlement of Class Action# 2 Exhibit 2 - Proof of Claim and Release# 3 Exhibit 3 - Summary Notice for Publication)cc: Counsel, Case Manager to JHM, Secretary to ERG(CDF) (Entered: 12/16/2005)

01/03/2006 254 Mail Returned as Undeliverable 253. Mail sent to Daniel S. Drosman. (CDF) (Entered: 01/03/2006)

02/17/2006 255 NOTICE OF UNOPPOSED MOTION AND MOTION IN SUPPORT OF LEAD PLAINTIFFS' MOTION for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds, and MOTION for an Award of Attorneys' Fees and Reimbursement of Expenses by New England Health Care Employees Pension Fund. Responses due by 3/7/2006 (Attachments: # 1 Memorandum in Support of Motion for Final Approval of Class Action Settlement and Plan of Allocation# 2 Memorandum in Support of Application for an Award of Attorneys' Fees and Reimbursement of Expenses# 3 Declaration of Mark Solomon# 4 Declaration of John M. Creane# 5 Declaration of Keith F. Park# 6 Exhibit A to Declaration of Keith F. Park - Firm Resume# 7 Exhibit A to Declaration of Keith F. Park cont'd - pages 51 - 68# 8 Declaration of Ron Parry# 9 Exhibit A to Declaration of Ron Parry - firm identification and background# 10 Declaration of Christl Hansman Re: A) Mailing of the Notice of Pendency and Settlement of Class Action, and the Proof of Claim and Release Form; and B) Publication of the Summary Notice# 11 Exhibit A to Declaration of Christl Hansman - Notice of Pendency and Settlement of Class Action# 12 Exhibit B to Declaration of Christl Hansman - Proof of Claim and Release form# 13 Exhibit C to Declaration of Christl Hansman - letter dated 12/20/05# 14 Exhibit D to Declaration of Christl Hansman - Affidavit of Publication and Notice# 15 Compendium of Unreported Decisions in Support of Application for an Award of Attorneys' Fees and Reimbursement of Expenses# 16 Exhibit A to Compendium of Unreported Cases - In re F&M Distribs., Inc. Sec. Litig.# 17 Exhibit B to Compendium of Unreported Decisions - In re Future Healthcare Sec. Litig.# 18 Exhibit C to Compendium of Unreported Decisions - In re Valley Sys. Sec. Litig.# 19 Exhibit D to Compendium of Unreported Decisions - In re Nord Res. Corp. Sec. Litig.# 20 Exhibit E to Compendium of Unreported Decisions - In re Structural Dynamics Research Corp. Sec. Litig.# 21 Exhibit F to Compendium of Unreported Decisions - In re Cincinnati Microwave, Inc. Sec. Litig.# 22 Exhibit G to Compendium of Unreported Decisions - In re Gibson

Greetings Sec. Litig. II# 23 Exhibit H to Compendium of Unreported Decisions - Griffin v. Medpartners, Inc. et al.# 24 Exhibit I to Compendium of Unreported Decisions - In re Gliatech, Inc. Sec. Litig.# 25 Exhibit J to Compendium of Unreported Decisions - In re Trustcorp Sec. Litig.# 26 Exhibit K to Compendium of Unreported Decisions - In re Advanced Lighting Techs., Inc. Sec. Litig.# 27 Exhibit L to Compendium of Unreported Decisions - In re Harrah's Entm't# 28 Declaration of Service as to Compendium of Unreported Decisions# 29 Proposed Final Judgment and Order of Dismissal# 30 Exhibit 1 to Proposed Final Judgment and Order of Dismissal# 31 Declaration of Service as to Proposed Final Judgment and Order of Dismissal# 32 Proposed Order Approving Plan of Allocation# 33 Declaration of Service as to Proposed Order Approving Plan of Allocation# 34 Proposed Order Awarding Attorneys' Fees and Reimbursement# 35 Declaration of Service as to Proposed Order Awarding Attorneys' Fees and Reimbursement)(CDF) (Entered: 02/21/2006)

03/17/2006 256 MEMORANDUM OPINION by Joseph H. McKinley Jr. on 3/17/2006 re 255 Motion by Plaintiffs for Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds and Motion for an Award of Attorneys' Fees and Reimbursement of Expenses. For the reasons set forth, the Motions are granted. Orders and Judgments consistent with this Opinion will follow.cc: Counsel(CDF) (Entered: 03/17/2006)

03/17/2006 257 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE by Joseph H. McKinley Jr. on 3/17/2006, re Stipulation of Settlement 238. In the event settlement does not become effective in accordance with the terms of the Stipulation, then this Judgment shall be rendered null and void to the extent provided by and in accordance with the Stipulation and shall be vacated and, in such event, all orders entered and releases delivered in connection herewith shall be null and void to the extent provided by and in accordance with the Stipulation. (Exhibit 1 included herein.)cc:Counsel(CDF) (Entered: 03/17/2006)

03/17/2006 258 ORDER APPROVING PLAN OF ALLOCATION by Joseph H. McKinley Jr. on 3/17/2006; Granting 255 MOTION for Approval of Plan of Allocation of Settlement Proceeds.cc:Counsel(CDF) (Entered: 03/17/2006)

03/17/2006 259 ORDER AWARDING LEAD PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES AND REIMBURSEMENT OF LEAD PLAINTIFF'S EXPENSES by Joseph H. McKinley Jr. on 3/17/2006 granting 255 Motion for Attorney Fees. The awarded attorneys' fees and expenses shall be paid to Lead Plaintiffs' counsel subject to the terms, conditions and obligations of the Stipulation 238. cc:Counsel(CDF) (Entered: 03/17/2006)

04/07/2006 260 Objection by Ronald J. Fusch re 238 Stipulation of Settlement, 253 Order, 255 MOTION, 256 Memorandum & Opinion, 257 Judgment, and 258 Order. (Attachments: # 1 original Notice of Pendency and Settlement of Class Action and uncompleted Proof of Claim and Release form)(CDF) (Entered: 04/10/2006)

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