US District Court Civil Docket as of 09/30/2005 Retrieved from the court on Tuesday, February 14, 2006 U.S. District Court Northern District of Georgia () CIVIL DOCKET FOR CASE #: 1:03-cv-00817-TWT

Nugent, et al v. AFC Enterprises, Inc, et al Date Filed: 03/25/2003 Assigned to: Judge Thomas W. Thrash, Jr Jury Demand: Plaintiff Demand: $0 Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Plaintiff James Nugent represented by Albert R. Atwood, Jr. Lerach Coughlin Stoia & Robbins 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrei Rado Milberg Weiss Bershad & Schulman One Pennsylvania Plaza 48th Floor New York, NY 10119-0165 212-594-5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darren J. Robbins Lerach Coughlin Stoia & Robbins 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley Jacobs Slawsky & Barnett 100 Peachtree Street, N.W. The Equitable Building, Suite 1950 Atlanta, GA 30303 404-522-4280 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jack Reise Lerach Coughlin Stoia Geller Rudman & Robbins Suite 200 197 South Federal Hwy. Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph E. White, III Milberg Weiss Bershad & Schulman 5200 Town Center Circle Tower One, Suite 600 Boca Raton, FL 33486 561-361-5022 Fax: 561-367-8400 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc A. Topaz Schiffrin & Barroway 280 King of Prussia Road Radnor, PA 19087 610-667-7706 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E. 2300 Promenade II Atlanta, GA 30309 404-873-3900 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert R. Adler Milberg Weiss Bershad & Schulman 5200 Town Center Circle Tower One, Suite 600 Boca Raton, FL 33486 561-361-5000 Fax: 561-367-8400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shaun Khojayan Lerach Coughlin Stoia & Robbins 655 West 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 655 W. Broadway Suite 1900 San Diego, CA 92101-4297 619-231-1058 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christi A. Cannon Holzer Holzer & Cannon 1117 West Suite E-107 Atlanta, GA 30338 770-392-0090 TERMINATED: 08/19/2003

Edward H. Nicholson, Jr. Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E. 2300 Promenade II Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 Email: [email protected] TERMINATED: 03/21/2005

Michael Ira Fistel, Jr. Holzer & Holzer, LLC 1117 Perimeter Center West Suite E-107 Atlanta, GA 30338 770-392-0090 Email: [email protected] TERMINATED: 08/19/2003

S. Gene Cauley Cauley Bowman Carney & Williams, PLLC P.O. Box 25438 Suite 200 11311 Arcade Drive Little Rock, AR 72221-5438 501-312-8500 Fax: 501-312-8505 ATTORNEY TO BE NOTICED

Samuel H. Rudman Lerach, Coughlin Stoia Geller Rudman & Robbins LLP 200 Broadhollow Road Suite 406 Melville, NY 11747 631-367-7100 TERMINATED: 08/19/2003

Plaintiff Fred Cruz represented by Albert R. Atwood, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrei Rado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E. 2300 Promenade II Atlanta, GA 30309 404-873-3900 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E. 2300 Promenade II Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Evan J. Smith Brodsky & Smith Two Bala Plaza Suite 602 Bala Cynwyd, PA 19004 610-667-6200 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E. 2300 Promenade II Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E. 2300 Promenade II Atlanta, GA 30309 404-873-3900 Fax: 404-876-4476 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maya Saxena Milberg Weiss Bershad & Schulman 5200 Town Center Circle Tower One, Suite 600 Boca Raton, FL 33486 561-361-5000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven G. Schulman Milberg Weiss Bershad & Schulman One Pennsylvania Plaza 48th Floor New York, NY 10119-0165 212-594-5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff George G. Royal represented by Albert R. Atwood, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrei Rado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emily C. Komlossy Goodkind Labaton Rudoff & Sucharow 100 Park Avenue 12th Floor New York, NY 10017-5563 212-907-0700 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Henry J. Young Goodkind Labaton Rudoff & Sucharow 100 Park Avenue 12th Floor New York, NY 10017-5563 212-907-0700 TERMINATED: 06/04/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark C. Gardy Abbey Gardy 212 East 39th Street New York, NY 10016 212-889-3700 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nadeem Faruqi Faruqi & Faruqi 320 East 39th Street Third Floor New York, NY 10016 212-983-9330 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Kaboolian Abbey Gardy 212 East 39th Street New York, NY 10016 212-889-3700 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christi A. Cannon (See above for address) TERMINATED: 08/19/2003

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

Michael Ira Fistel, Jr. (See above for address) TERMINATED: 08/19/2003

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Yasuo Yaezawa represented by Albert R. Atwood, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrei Rado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jack Landskroner Landskroner Grieco 1360 West 9th Street Suite 200 Cleveland, OH 44113 216-522-9000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Dabney Miller King & Spalding 191 Peachtree Street, N.E. Atlanta, GA 30303-1763 404-572-4600 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James E. Miller Shepherd Finkelman Miller & Shah, LLC 65 Main Street Chester, CT 06412 860-526-1100 Fax: 860-526-1120 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc H. Edelson Hoffman & Edelson 45 West Court Street Doylestown, PA 18901 215-230-8043 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott R. Shepherd Shepherd Finkelman Miller & Shah 35 East State Street Media, PA 19063 610-891-9880 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Alicia Reed represented by Albert R. Atwood, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrei Rado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian M. Felgoise Office of Brian M. Felgoise 261 Old York Road Suite 423 Jenkintown, PA 19046 215-886-1900 TERMINATED: 06/25/2003 LEAD ATTORNEY

Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Evan J. Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Fred Taylor Isquith Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY 10016 212-545-4690 Direct Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Nespole Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY 10016 212-545-4600 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc S. Henzel Office of Marc S. Henzel 273 Montgomery Avenue Suite 202 Bala Cynwyd, PA 19004 610-660-8000 TERMINATED: 06/25/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Dennis C. Smith represented by Andrei Rado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol V. Gilden Much Shelist Freed Denenberg Ament & Rubenstein 191 North Wacker Drive Suite 1800 Chicago, IL 60606 312-521-2000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael E. Moskovitz Much Shelist Freed Denenberg Ament & Rubenstein 191 North Wacker Drive Suite 1800 Chicago, IL 60606 312-521-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Lynne N. Read represented by Albert R. Atwood, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrei Rado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Hanson Riebel Lockridge Grindal Nauen 100 Washington Avenue South 2200 Washington Square Minneapolis, MN 55401-2179 612-339-6900 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard A. Lockridge Lockridge Grindal Nauen 100 Washington Avenue South 2200 Washington Square Minneapolis, MN 55401-2179 612-339-6900 TERMINATED: 07/23/2003 LEAD ATTORNEY

Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Mark Rice represented by Albert R. Atwood, Jr. on behalf of themselves and all other (See above for address) similarly situated LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrei Rado (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph R. Seidman, Jr. Bernstein Liebhard & Lifshitz 10 East 40th Street 22nd Floor New York, NY 10016 212-779-1414 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mel E. Lifshitz Bernstein Liebhard & Lifshitz 10 East 40th Street 22nd Floor New York, NY 10016 212-779-1414 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff International Union of Operating represented by Darren J. Robbins Engineers Local 132 Pension Plan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maya Saxena (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Thomas Savchick represented by Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maya Saxena (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Perkins Family Trust represented by Darren J. Robbins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Bain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David James Worley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren S. Antonino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin D. Chitwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maya Saxena (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Meryl W. Edelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Lerach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward H. Nicholson, Jr. (See above for address) TERMINATED: 03/21/2005

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Williams, Mary T represented by Michael Ira Fistel, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

S. Gene Cauley (See above for address) ATTORNEY TO BE NOTICED

V. Defendant AFC Enterprises, Inc represented by C. Nelson Gill Copeland Franco Screws & Gill P.O. Box 347 444 South Perry Street Montgomery, AL 36101-0347 334-834-1180 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Neal Pope Pope McGlamry Kilpatrick & Morrison P.O. Box 2128 1111 Bay Avenue (Zip Code 31901-2412) Suite 450 Columbus, GA 31902-2128 706-324-0050 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W. Walker, III Copeland,Franco, Screws & Gill, P.A. P.O. Box 347 444 South Perry Street Montgomery, AL 36101-0347 334-834-1180 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Lee McGlamry Pope McGlamry Kilpatrick Morrison & Norwood 925 P.O. Box 191625 3455 Peachtree Road, N.E. Atlanta, GA 31119-1625 404-523-7706 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Gill Copeland Franco Screws & Gill P.O. Box 347 444 South Perry Street Montgomery, AL 36101-0347 334-834-1180 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa Pike Tomlinson Pope McGlamry Kilpatrick & Morrison P.O. Box 2128 1111 Bay Avenue (Zip Code 31901-2412) Suite 450 Columbus, GA 31902-2128 706-324-0050 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Patterson Brumbaugh King & Spalding 191 Peachtree Street, N.E. Atlanta, GA 30303-1763 404-572-5100 Email: [email protected] TERMINATED: 10/06/2004

Lex M. Erwin King & Spalding 191 Peachtree Street, N.E. Atlanta, GA 30303-1763 404-572-4600 Email: [email protected] TERMINATED: 10/06/2004

Martin Robert Thornton King & Spalding - Atl 191 Peachtree Street, N.E. Suite 4900 Atlanta, GA 30303-1763 404-572-4600 Email: [email protected] TERMINATED: 10/06/2004

Michael R. Smith King & Spalding 191 Peachtree Street, N.E. Atlanta, GA 30303-1763 404-572-4600 Email: [email protected] TERMINATED: 10/06/2004

Defendant Frank Belatti represented by C. Nelson Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Neal Pope (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W. Walker, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Lee McGlamry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa Pike Tomlinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Patterson Brumbaugh (See above for address) TERMINATED: 10/06/2004

Lex M. Erwin (See above for address) TERMINATED: 10/06/2004

Martin Robert Thornton (See above for address) TERMINATED: 10/06/2004

Michael R. Smith (See above for address) TERMINATED: 10/06/2004

Defendant Gerald J. Wilkins represented by C. Nelson Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Neal Pope (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W. Walker, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Lee McGlamry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa Pike Tomlinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Patterson Brumbaugh (See above for address) TERMINATED: 10/06/2004

Lex M. Erwin (See above for address) TERMINATED: 10/06/2004

Martin Robert Thornton (See above for address) TERMINATED: 10/06/2004

Michael R. Smith (See above for address) TERMINATED: 10/06/2004

Defendant John M. Roth represented by David G. Russell Parker Hudson Rainer & Dobbs 285 Avenue, N.E. 1500 Marquis II Tower Atlanta, GA 30303 404-523-5300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer Parker Hudson Rainer & Dobbs 285 Peachtree Center Avenue, N.E. 1500 Marquis II Tower Atlanta, GA 30303 404-523-5300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls Parker Hudson Rainer & Dobbs 285 Peachtree Center Avenue, N.E. 1500 Marquis II Tower Atlanta, GA 30303 404-523-5300 Fax: 404-522-8409 Email: [email protected] TERMINATED: 09/30/2005

Defendant Deutsche Bank Inc. represented by Allie Lin Paul Weiss Rifkind Wharton & Garrison 1285 Avenue of the Americas New York, NY 10019-6064 212-373-3000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

John R. Bielema, Jr. Powell Goldstein Fourteenth Flr. 1201 West Peachtree St. NW Atlanta, GA 30303-3488 404-572-6600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard A. Rosen Paul Weiss Rifkind Wharton & Garrison 1285 Avenue of the Americas New York, NY 10019-6064 212-373-3000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Scott Sorrels Powell Goldstein Fourteenth Flr. 1201 West Peachtree St. NW Atlanta, GA 30303-3488 404-572-6600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Credit Suisse First Boston (USA) Inc. represented by Allie Lin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John R. Bielema, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard A. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Scott Sorrels (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Penman Asset Management, L.P.

Defendant Penman Private Equity Fund, LP

Interested Party Arthur Andersen LLP represented by Herbert Dale Shellhouse Troutman Sanders Bank of America Plaza 600 Peachtree Street, N.E. Suite 5200 Atlanta, GA 30308-2216 404-885-3000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

John J. Dalton Troutman Sanders Bank of America Plaza 600 Peachtree Street, N.E. Suite 5200 Atlanta, GA 30308-2216 404-885-3000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tom Anthony Bingham Troutman Sanders Bank of America Plaza 600 Peachtree Street, N.E. Suite 5200 Atlanta, GA 30308-2216 404-885-3000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Freeman Spogli & Co. Incorporated represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Defendant Peter Starrett represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Defendant William M. Wardlaw represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Defendant Matt L. Figel represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Defendant Mark J. Doran represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Defendant Paul Farrar represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Defendant Samuel N. Frankel represented by C. Nelson Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Neal Pope (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W. Walker, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Lee McGlamry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa Pike Tomlinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lex M. Erwin (See above for address) TERMINATED: 10/06/2004

Defendant Ronald P. Spogli represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Defendant Dick R. Holbrook represented by C. Nelson Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Neal Pope (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George W. Walker, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Lee McGlamry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard H. Gill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa Pike Tomlinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lex M. Erwin (See above for address) TERMINATED: 10/06/2004

Defendant Goldman, Sachs & Co represented by Allie Lin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John R. Bielema, Jr. Powell Goldstein Fourteenth Floor 1201 West Peachtree St. NW Atlanta, GA 30303-3488 404-572-6600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard A. Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Scott Sorrels (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Kelvin J. Pennington represented by David G. Russell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Marbury Rainer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela Slate Rawls (See above for address) TERMINATED: 09/30/2005

Date Filed # Docket Text 03/25/2003 1 CLASS ACTION COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 # 503264 (aet) (Entered: 03/27/2003) 04/18/2003 2 Application for admission of Marc Topaz pro hac vice for plaintiff (crc) (Entered: 04/24/2003) 05/05/2003 3 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [2-1] pro hac vice application as to Marc Topaz (cc) (crc) (Entered: 05/06/2003) 05/22/2003 4 CONSENT Consolidation and scheduling ORDER by Judge Thomas W. Thrash. See order for details. (cc) (crc) (Entered: 05/27/2003) 05/22/2003 5 Class action COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 503376. Filed in 1:03cv836 on 3/27/03 (crc) Modified on 05/27/2003 (Entered: 05/27/2003) 05/22/2003 6 Application for admission of Maya Saxena pro hac vice for plaintiff Fred Cruz. Filed in 1:03cv836 on 4/28/03 (crc) Modified on 05/27/2003 (Entered: 05/27/2003) 05/22/2003 7 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [6-1] pro hac vice application as to Maya Saxena. Filed and served in 1:03-cv-836 on 05/05/03 (crc) Modified on 05/27/2003 (Entered: 05/27/2003) 05/22/2003 8 Application for admission of Steven G. Schulman pro hac vice for plaintiff Fred Cruz. Filed in 1:03cv836 on 5/7/3. (crc) Modified on 05/27/2003 (Entered: 05/27/2003) 05/22/2003 9 Application for admission of Evan J Smith pro hac vice for Fred Cruz. Filed in 1:03cv836 on 05/08/03. (crc) (Entered: 05/27/2003) 05/22/2003 10 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [8-1] pro hac vice application as to Steven Shulman. Filed and served in 1:03cv836 on 05/13/03 (crc) (Entered: 05/27/2003) 05/22/2003 11 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [9-1] pro hac vice application as to Evan Smith. Filed and served in 1:03cv836 on 05/13/03 (crc) (Entered: 05/27/2003) 05/22/2003 12 Securities Fraud Class Action COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 503438. Filed in 1:03cv857 on 03/28/3 (crc) (Entered: 05/27/2003) 05/22/2003 13 Application for admission of Emily Komlossy pro hac vice for plaintiff George G. Royal. Filed in 1:03cv857 on 04/16/03 (crc) (Entered: 05/27/2003) 05/22/2003 14 Application for admission of Mark Gardy, Nancy Kaboolian and Nadeem Faruqui pro hac vice for plaintiff George G. Royal. Filed in 1:03cv857 on 4/22/03. (crc) (Entered: 05/27/2003) 05/22/2003 15 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [13-1] pro hac vice application as Emily Komlossy. Filed and served in 1:02-cv-857 on 04/22/03 (crc) (Entered: 05/27/2003) 05/22/2003 16 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [14-1] pro hac vice application as Nadeem Faruqi, Nancy Kaboolian and Mark Gardy. Filed and served in 1:03cv857 on 05/05/03` (crc) (Entered: 05/27/2003) 05/22/2003 17 Class Action COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 503865. Filed in 1:03cv944. (crc) (Entered: 05/27/2003) 05/22/2003 18 Application for admission of Jack Landskroner pro hac vice for plaintiff Yasuo Yaezawa. Filed in 1:03v944 on 04/28/3 (crc) (Entered: 05/27/2003) 05/22/2003 19 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [18-1] pro hac vice application as to Jack Landskroner. Filed and served in 1:03cv944 on 05/05/03 (crc) (Entered: 05/27/2003) 05/22/2003 20 Claas Acttion COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 504825. Filed in 1:03cv1173 on 04/30/03 (crc) (Entered: 05/27/2003) 05/22/2003 21 Class Action COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 505077. Filed in 1:03cv1211 on 05/05/03 (crc) (Entered: 05/27/2003) 05/22/2003 22 COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 505584. Filed in 1:03cv1320 on 05/15/03. (crc) Modified on 05/27/2003 (Entered: 05/27/2003) 05/22/2003 23 COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 505706. Filed in 1:03cv1357 on 05/19/03 (crc) (Entered: 05/27/2003) 05/22/2003 26 Application for admission of Scott Shepherd and James Miller pro hac vice for plaintiff Yasuo Yaezawa. Filed in 1:03cv-944 on 05/15/03 (crc) Modified on 05/28/2003 (Entered: 05/28/2003) 05/23/2003 27 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [26-1] pro hac vice application as to Scott Shepherd and James Miller. Applications filed in 1:03cv944. (cc) (crc) (Entered: 05/28/2003) 05/27/2003 24 MOTION by Local 132 Plaintiffs for appointment as lead plaintiff and for approval of lead counsel with brief in support, affidavit and proposed order. (crc) Modified on 05/28/2003 (Entered: 05/28/2003) 05/27/2003 25 MOTION by Loef Family Enterprises, LP to be appointed lead plaintiff and for approval of lead plaintiff's selction of lead counsel and liaison counsel with brief in support, affidavit and proposed order. (crc) (Entered: 05/28/2003) 05/28/2003 28 Application for admission of pro hac vice of Michael Moskovitz and Carol Gilden for plaintiff Dennis C. Smith (crc) (Entered: 06/02/2003) 06/02/2003 29 Application for the admission of Gregory M. Nespole pro hac vice for plaintiff Alicia Reed. (Action no. changed on application from 1:03-cv-1173-BBM) (to TWT) (aaq) (Entered: 06/04/2003) 06/02/2003 30 Application for the admission of Fred Taylor Isquith pro hac vice for plaintiff Alicia Reed. (Civil Action no. changed on application from 1:03-cv-1173-BBM.) (to TWT) (aaq) (Entered: 06/04/2003) 06/04/2003 31 ORDER by Judge Thomas W. Thrash, directing clerk to terminate Samuel H. Rudman as counsel if he has not filed an application to appear pro hac vice by 6/26/03 [31-1] order to be submitted on 6/30/03 (cc) (bsm) (Entered: 06/05/2003) 06/04/2003 32 ORDER by Judge Thomas W. Thrash directing clerk to terminate Andrei Rado as counsel if he has not filed an application to appear pro hac vice by 6/26/03 [32-1] order to be submitted on 6/30/03 (cc) (bsm) (Entered: 06/05/2003) 06/04/2003 33 ORDER by Judge Thomas W. Thrash directing clerk to terminate Henry J. Young as counsel if he has not filed an application to appear pro hac vice by 6/26/03 , [33- 1] order to be submitted on 6/30/03 (cc) (bsm) (Entered: 06/05/2003) 06/04/2003 34 ORDER by Judge Thomas W. Thrash directing clerk to terminate Marc H. Edelson if he has not filed an application to appear pro hac vice by 6/26/03 [34-1] order to be submitted on 6/30/03 (cc) (bsm) (Entered: 06/05/2003) 06/06/2003 35 ORDER by Judge Thomas W. Thrash GRANTING [30-1] pro hac vice application of Fred Taylor Isquith. (cc) (daf) (Entered: 06/09/2003) 06/06/2003 36 ORDER by Judge Thomas W. Thrash GRANTING [29-1] pro hac vice application of Gregory M. Nespole. (cc) (daf) (Entered: 06/09/2003) 06/07/2003 37 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [28-1] pro hac vice applications of Michael E. Moskovitz & Carol V. Gilden. (cc) (kt) (Entered: 06/10/2003) 06/09/2003 39 Withdrawal of Loef Family Enterprises' [25-1] motion to be appointed lead plaintiff and for approval of lead plaintiff's selction of lead counsel and liaison counsel (ck) (Entered: 06/13/2003) 06/09/2003 [34-1] order returned. (aet) (Entered: 06/16/2003) 06/10/2003 38 Response by defendant to [25-1] motion to be appointed lead plaintiff and for approval of lead plaintiff's selction of lead counsel and liaison counsel and [24-1] motion for appointment as lead plaintiff and for approval of lead counsel. (daf) (Entered: 06/10/2003) 06/25/2003 40 MOTION to withdraw as attorney for plaintiffs by Cauley, Geller, Bowman U Rudman, LLP, with brief in support. (aet) (Entered: 06/26/2003) 06/25/2003 41 ORDER by Judge Thomas W. Thrash DIRECTING attorneys Brian M. Felgoise and Marc S. Henzel to submit pro hac vice applications by 7/15/03 . If the attorneys fail to comply, the Clerk is DIRECTED to remove these attorneys from the docket. (cc) (aet) Modified on 01/09/2004 (Entered: 06/26/2003) 06/25/2003 42 ORDER by Judge Thomas W. Thrash approving pro hac vice application of Marc H. Edelson filed in 1:03-cv-944 on 6/19/03. (cc) (aet) (Entered: 06/26/2003) 06/26/2003 43 ORDER by Judge Thomas W. Thrash, DIRECTING Richard Lockridge to submit a pro hac vice application or withdrawal . Clerk to remove Mr. Lockridge if he does not comply by 7/17/03 . (cc) (aet) (Entered: 07/01/2003) 06/26/2003 44 Application for admission of Andrei Rado pro hac vice for plaintiffs. (Filed 6/12/03 in 1:03-cv-836) (aet) Modified on 07/03/2003 (Entered: 07/03/2003) 06/27/2003 45 ORDER by Judge Thomas W. Thrash GRANTING [44-1] pro hac vice application. (cc) (aet) (Entered: 07/03/2003) 07/08/2003 48 Application for admission of Darren J. Robbins pro hac vice for plaintiffs (crc) (Entered: 07/21/2003) 07/08/2003 49 Application for admission of Albert R. Atwood Jr. pro hac vice for plaintiffs (crc) (Entered: 07/21/2003) 07/08/2003 50 Application for admission of Shuan Khojayan pro hac vice for plaintiffs (crc) (Entered: 07/21/2003) 07/09/2003 46 Application for admission of Marc Henzel pro hac vice for Alicia Reed. (to TWT) (kt) (Entered: 07/15/2003) 07/16/2003 SUBMITTED to Judge Thomas W. Thrash on [40-1] motion to withdraw as attorney for plaintiffs by Cauley, Geller, Bowman U Rudman, LLP, [24-1] motion for appointment as lead plaintiff and for approval of lead counsel (aet) (Entered: 07/16/2003) 07/17/2003 47 ORDER by Judge Thomas W. Thrash GRANTING [46-1] pro hac vice application. (cc) (aet) (Entered: 07/18/2003) 07/17/2003 Added attorney for plaintiff Alicia Reed : Marc Henzel. (aet) (Entered: 07/18/2003) 07/18/2003 SUBMITTED to Judge Thomas W. Thrash on [43-1] order Richard Lockridge to submit a pro hac vice application or withdrawal (aet) (Entered: 07/18/2003) 07/18/2003 51 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [48-1] pro hac vice application as to Darren Robbins (cc) (crc) (Entered: 07/21/2003) 07/18/2003 52 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [49-1] pro hac vice application as Albert Atwood, Jr. (cc) (crc) (Entered: 07/21/2003) 07/18/2003 53 ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [50-1] pro hac vice application as to Shaun Khojayan (cc) (crc) (Entered: 07/21/2003) 07/23/2003 Terminated submissions. (crc) (Entered: 07/23/2003) 07/23/2003 54 ORDER by Judge Thomas W. Thrash DIRECTED the Clerk to remove the name of Richard Lockridge from the docket pursuant to [43-1] order. (cc) (kt) (Entered: 07/24/2003) 07/24/2003 55 Notice of hearing on 3:30 8/18/03 . (cc by SS) (aet) (Entered: 07/29/2003) 08/06/2003 Added attorneys for defendants: Martin Robert Thornton, Michael R. Smith, John Patterson Brumbaugh, Lex M. Erwin. (bsm) (Entered: 08/06/2003) 08/18/2003 56 Motion HEARING held before Judge Thomas W. Thrash GRANTING [24-1] motion for appointment as lead plaintiff and for approval lead counsel (dr) (Entered: 08/20/2003) 08/18/2003 57 ORDER by Judge Thomas W. Thrash GRANTING [24-1] motion for appointment as lead plaintiff and for approval of lead counsel, The International Union of Operating Engineers Local 132 Pension Plan, Thomas Savchick, and the Perkins Family Trust are appointed lead plaintiff; firms Chitwood & Harley LLP and Milberg Weiss Bershad Hynes & Lerach LLP are appointed co-lead counsel (cc) (dr) (Entered: 08/20/2003) 08/18/2003 59 Application for admission of Mel E. Lifshitz pro hac vice for plaintiff Mark Rice (to TWT) (jdb) (Entered: 08/22/2003) 08/18/2003 60 Application for admission of Joseph R. Seidman Jr. pro hac vice for plaintiff Mark Rice (to TWT) (jdb) (Entered: 08/22/2003) 08/19/2003 58 ORDER by Judge Thomas W. Thrash GRANTING [40-1] motion to withdraw as attorney for plaintiffs by Cauley, Geller, Bowman U Rudman, LLP, (cc) (dr) (Entered: 08/20/2003) 08/22/2003 Steno notes of proceedings held 8/18/03 before Judge Thomas W. Thrash , by Court Reporter Linda W. Baggett. (jdb) (Entered: 08/22/2003) 08/29/2003 61 ENDORSED ORDER by Judge Thomas W. Thrash GRANTING [60-1] pro hac vice application (cc) (dr) (Entered: 09/03/2003) 08/29/2003 62 ENDORSED ORDER by Judge Thomas W. Thrash GRANTING [59-1] pro hac vice application (cc) (dr) (Entered: 09/03/2003) 09/30/2003 63 MOTION by plaintiffs to initiate limited discovery with brief in support (dr) (Entered: 10/02/2003) 09/30/2003 64 Declaration of Meryl W. Edelstein (dr) (Entered: 10/02/2003) 10/07/2003 65 TRANSCRIPT filed RE: motion hearing before Judge Thrash for dates of 8/18/03 Court Reporter: Linda Baggett (dr) (Entered: 10/08/2003) 10/15/2003 Proposed consent order extending time for pla to file their consolidated complaint. (to TWT) (cdg) (Entered: 10/15/2003) 10/22/2003 66 Response by defendants to [63-1] motion to initiate limited discovery (dr) (Entered: 10/23/2003) 10/22/2003 67 CONSENT ORDER by Judge Thomas W. Thrash, extending time to 12/1/03 for plaintiffs to file consolidated complaint (cc) (dr) (Entered: 10/23/2003) 10/22/2003 68 CONSENT ORDER by Judge Thomas W. Thrash, extending time until 10/22/03 for defendants to respond to [63-1] motion to initiate limited discovery (cc) (dr) (Entered: 10/23/2003) 11/04/2003 SUBMITTED to Judge Thomas W. Thrash on [63-1] motion to initiate limited discovery (dr) (Entered: 11/04/2003) 11/10/2003 69 Reply brief in support of [63-1] motion to initiate limited discovery by plaintiff. (dr) (Entered: 11/12/2003) 11/17/2003 70 Notice by CRD, motion hearing set for [63-1] motion to initiate limited discovery 9:30 12/2/03 (dr) (Entered: 11/21/2003) 11/24/2003 71 CONSENT ORDER by Judge Thomas W. Thrash, extending time until 40 days after the filing of AFC Enterprise's annual report on Form 10-K for fiscal year 2002 for plaintiffs' to serve their consolidated complaint (cc) (dr) (Entered: 11/26/2003) 12/02/2003 72 Motion Hearing HELD before Judge Thomas W. Thrash GRANTING IN PART AND DENYING IN PART [63-1] motion to initiate limited discovery by plaintiffs; Mr. Nicholson to prepare order and present to the Court (dr) (Entered: 12/05/2003) 12/08/2003 73 Attorney appearance for plaintiffs by Edward H. Nicholson Jr. (dr) (Entered: 12/10/2003) 12/08/2003 74 Attorney appearance for plaintiffs by Meryl W. Edelstein (dr) (Entered: 12/10/2003) 12/08/2003 75 ORDER by Judge Thomas W. Thrash GRANTING IN PART AND DENYING IN PART [63-1] motion to initiate limited discovery by plaintiffs (cc) (dr) (Entered: 12/10/2003) 01/07/2004 Terminated submissions. (fmm) (Entered: 01/07/2004) 01/07/2004 76 Certificate of service of discovery as to plaintiff (dr) (Entered: 01/08/2004) 01/26/2004 77 COSOLIDATED AMENDED CLASS ACTION COMPLAINT by plaintiffs adding Freeman Spogli & Co., Peter Starrett, William M. Wardlaw, Matt L. Figel, Mark J. Doran, Paul Farrar, Samuel N. Frankel, Ronald P. Spogli, Dick R. Holbrook, Goldman Sachs & Co, Kelvin J. Pennington, John M. Roth (dr) (Entered: 01/28/2004) 01/27/2004 78 Summons issued for defendant Freeman Spogli & Co. (dr) (Entered: 01/28/2004) 01/27/2004 79 Summons issued for defendant Peter Starrett (dr) (Entered: 01/28/2004) 01/27/2004 80 Summons issued for defendant William M. Wardlaw (dr) (Entered: 01/28/2004) 01/27/2004 81 Summons issued for defendant Matt L. Figel (dr) (Entered: 01/28/2004) 01/27/2004 82 Summons issued for defendant Mark J. Doran (dr) (Entered: 01/28/2004) 01/27/2004 83 Summons issued for defendant Paul Farrar (dr) (Entered: 01/28/2004) 01/27/2004 84 Summons issued for defendant Samuel N. Frankel (dr) (Entered: 01/28/2004) 01/27/2004 85 Summons issued for defendant Ronald P. Spogli (dr) (Entered: 01/28/2004) 01/27/2004 86 Summons issued for defendant Dick R. Holbrook (dr) (Entered: 01/28/2004) 01/27/2004 88 Summons issued for defendant Kelvin J. Pennington (dr) (Entered: 01/28/2004) 01/27/2004 89 Summons issued for defendant John M. Roth (dr) (Entered: 01/28/2004) 01/28/2004 87 Summons issued for defendant Goldman Sachs & Co (dr) (Entered: 01/28/2004) 01/28/2004 90 Summons issued for defendant Deutsche Bank Inc. (dr) (Entered: 01/29/2004) 01/28/2004 91 Summons issued for defendant Credit Suisse First (dr) (Entered: 01/29/2004) 02/10/2004 92 STIPULATED ORDER REGARDING CONFIDENTIAL INFORMATION by Judge Thomas W. Thrash (cc by Mag) (dr) (Entered: 02/12/2004) 02/19/2004 93 Summons issued for defendant Deutsche Bank Inc. (dr) (Entered: 02/23/2004) 03/08/2004 94 CONSENT ORDER by Judge Thomas W. Thrash, extending time for dfts AFC, Belatti and Wilkins to respond to [77-1] CAC (cc) (bsm) (Entered: 03/09/2004) 04/27/2004 95 CONSENT ORDER by Judge Thomas W. Thrash, Answer due 5/28/04 for defendants; responses to motion(s) to dismiss shall be served 45 days after service; rply briefs due 30 days after service of pla's response(s) (cc) (dr) (Entered: 04/28/2004) 05/03/2004 96 CONSENT ORDER by Judge Thomas W. Thrash, Answer due 5/28/04 for defendants (cc) (dr) (Entered: 05/05/2004) 05/06/2004 97 Notice of change of firm affiliation by plaintiffs (dr) (Entered: 05/07/2004) 05/25/2004 98 Notice of change of law firm name by plaintiffs (dr) (Entered: 05/27/2004) 05/28/2004 99 MOTION by Mark J. Doran, Paul Farrar, William M. Wardlaw, Matt L. Figel, Kelvin J. Pennington, John M. Roth, Ronald P. Spogli, Peter Starrett, Freeman Spogli & Co. to dismiss with prejudice outside directors, Freeman Spogli, and Penman with brief in support. (dr) (Entered: 06/02/2004) 05/28/2004 100 MOTION by Goldman Sachs & Co, Credit Suisse First, Deutsche Bank Inc. to dismiss , and for oral argument with brief in support. (dr) (Entered: 06/02/2004) 05/28/2004 101 Corporate Disclosure Statement by Goldman Sachs & Co, Credit Suisse First, Deutsche Bank Inc. (dr) (Entered: 06/02/2004) 05/28/2004 102 MOTION by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins to dismiss the consolidated amended class action complaint with brief in support. (dr) (Entered: 06/02/2004) 05/28/2004 103 Appendix Volume I by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins in support of [102-1] motion to dismiss the consolidated amended class action complaint (dr) (Entered: 06/02/2004) 05/28/2004 104 Appendix Volume II by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins in support of [102-1] motion to dismiss the consolidated amended class action complaint (dr) (Entered: 06/02/2004) 05/28/2004 105 Appendix Volume III by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins in support of [102-1] motion to dismiss the consolidated amended class action complaint (dr) (Entered: 06/02/2004) 05/28/2004 108 Application for admission of Robert R. Adler pro hac vice for plaintiff James Nugent (dr) (Entered: 06/09/2004) 05/28/2004 109 Application for admission of Joseph E. White III pro hac vice for plaintiff James Nugent (dr) (Entered: 06/09/2004) 06/01/2004 106 Amended Certificates of service by Credit Suisse First, Deutsche Bank Inc. (dr) (Entered: 06/03/2004) 06/02/2004 120 APPLICATION for Admission of William S. Lerach Pro Hac Viceby plaintiffs International Union of Operating Engineers Local 132 Pension Plan, James Nugent, Perkins Family Trust, Lynne N. Read, Alicia Reed, Mark Rice, George G. Royal, Thomas Savchick, Dennis C. Smith, Yasuo Yaezawa. (dr) (Entered: 07/23/2004) 06/04/2004 107 CONSENT ORDER by Judge Thomas W. Thrash that the memoranda in support of motions to dismiss, responses, and reply briefs shall be limited in lenght (cc) (dr) (Entered: 06/07/2004) 06/07/2004 112 Application for admission of Allie Lin pro hac vice for Goldman Sachs & Co, Credit Suisse First, Deutsche Bank Inc. (dr) (Entered: 06/21/2004) 06/07/2004 113 Application for admission of Richard A. Rosen pro hac vice for Goldman Sachs & Co, Credit Suisse First, Deutsche Bank Inc. (dr) (Entered: 06/21/2004) 06/14/2004 110 ORDER by Judge Thomas W. Thrash GRANTING [109-1] pro hac vice application of Joseph White III (cc) (dr) (Entered: 06/16/2004) 06/14/2004 111 ORDER by Judge Thomas W. Thrash GRANTING [108-1] pro hac vice application of Robert Adler (cc) (dr) (Entered: 06/16/2004) 06/18/2004 SUBMITTED to Judge Thomas W. Thrash on [99-1] motion to dismiss with prejudice outside directors, Freeman Spogli, and Penman, [100-1] motion to dismiss, [100-2] motion for oral argument, [102-1] motion to dismiss the consolidated amended class action complaint (dr) (Entered: 06/18/2004) 06/29/2004 114 ORDER by Judge Thomas W. Thrash GRANTING [113-1] pro hac vice application Richard Rosen (cc) (dr) (Entered: 07/01/2004) 06/29/2004 115 ORDER by Judge Thomas W. Thrash GRANTING [112-1] pro hac vice application Allie Lin (cc) (dr) (Entered: 07/01/2004) 06/29/2004 116 ORDER by Judge Thomas W. Thrash GRANTING [109-1] pro hac vice application, GRANTING [108-1] pro hac vice application for Joseph White and Robert Adler (cc) (dr) (Entered: 07/01/2004) 07/07/2004 117 Jointg Certificate of interested persons. (to judge) (vs) (Entered: 07/09/2004) 07/07/2004 Approved by Judge Thomas W. Thrash re 117 Certificate of Interested Persons (dr) (Entered: 07/23/2004) 07/15/2004 Case reassigned to Judge William S. Duffey for all further proceedings. (mmc) (Entered: 07/15/2004) 07/16/2004 119 MOTION to Withdraw Trishanda Hinton as Attorneyby AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins. (dr) (Entered: 07/23/2004) 07/19/2004 121 ORDER approving 120 APPLICATION for Admission of William S. Lerach Pro Hac Vice filed by George G. Royal, Mark Rice, James Nugent, Yasuo Yaezawa, Alicia Reed, Dennis C. Smith, Lynne N. Read, International Union of Operating Engineers Local 132 Pension Plan, Thomas Savchick, Perkins Family Trust Signed by Judge William S. Duffey Jr. on 7/19/04. (dr) (Entered: 07/23/2004) 07/19/2004 122 OMNIBUS RESPONSE filed by plaintiffs in Opposition to 100 Motion to Dismiss, 102 Motion to Dismiss, 99 Motion to Dismiss. (Attachments: # 1 Response Part 2# 2 Response Part 3# 3 Response Part 4# 4 Appendix # 5 Exhibit A# 6 Exhibit B# 7 Exhibit C# 8 Exhibit D# 9 Exhibit E (1-25)# 10 Exhibit E (26-53)# 11 Exhibit F (1- 25)# 12 Exhibit F (26-50)# 13 Exhibit F (51-76)# 14 Exhibit F (77-101)# 15 Exhibit F (102-126)# 16 Exhibit F (127-167)# 17 Exhibit G)(adg) (Entered: 07/26/2004) 07/19/2004 123 CONSENT SCHEDULING ORDER that plaintiffs shall serve response to defendants' motions to dismiss on or before 7/19/04. Signed by Judge Thomas W. Thrash Jr. on 7/20/04. (dr) (Entered: 07/29/2004) 07/20/2004 118 ORDER OF RECUSAL. Judge William S. Duffey recused. Case reassigned to Judge Thomas W. Thrash for all further proceedings Signed by Judge William S. Duffey Jr. on 7/20/04. (se) (Entered: 07/20/2004) 07/29/2004 124 ORDER granting 119 Motion to Withdraw Trishanda Hinton as Attorney. . Signed by Judge Thomas W. Thrash Jr. on 7/29/04. (dr) (Entered: 08/06/2004) 08/05/2004 125 CERTIFICATE OF SERVICE re subpoena by James Nugent (dr) (Entered: 08/09/2004) 08/11/2004 126 NOTICE of Change of Firm Name for Lerach Coughlin Stoia Geller Rudman & Robbins LLP, counsel for plaintiffs (dr) (Entered: 08/23/2004) 08/23/2004 127 REPLY BRIEF filed by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins re 102 Motion to Dismiss Consolidated Amended Class Action Complaint. (Erwin, Lex) (Entered: 08/23/2004) 08/23/2004 128 MOTION for Oral Argument re 102 Motion to Dismiss Consolidated Amended Class Action Complaint by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins. (Erwin, Lex) (Entered: 08/23/2004) 08/23/2004 129 REPLY BRIEF aupporting 99 Motion to Dismiss filed by Mark J. Doran, Paul Farrar, Matt L. Figel, Freeman Spogli & Co. Incorporated, Kelvin J. Pennington, John M. Roth, Ronald P. Spogli, Peter Starrett, William M. Wardlaw. (dr) (Entered: 08/24/2004) 08/26/2004 130 CONSENT ORDER defendant's reply briefs to plaintiffs' response to defendants motions to dismiss shall be filed on 8/23/04; AFC, Belatti, Wilkins, Holbrook, and Frankel should be allowed 33 pages for their reply brief in support of their motion to dismiss. Signed by Judge Thomas W. Thrash Jr. on 8/26/04. (dr) (Entered: 08/27/2004) 08/27/2004 131 Request for Oral Argument on their motion to dismiss consolidated amended class action complaint by Freeman Spogli & Co. Incorporated. (dr) (Entered: 08/30/2004) 09/15/2004 132 MOTION to Supplement the record by plaintiffs. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit B part 1# 4 Exhibit B part 2)(dr) (Entered: 09/17/2004) 10/01/2004 133 PROPOSED ORDER Extending Time To Respond To Motion to Supplement the Record. (Brumbaugh, John) (Entered: 10/01/2004) 10/04/2004 136 NOTICE of Change of Address for Lauren S. Antonino, counsel for plaintiffs (dr) (Entered: 10/08/2004) 10/04/2004 137 NOTICE of Supplemental Authority in further support of their motion to dismiss by Credit Suisse First Boston (USA) Inc., Deutsche Bank Inc., Goldman, Sachs & Co (dr) (Entered: 10/08/2004) 10/04/2004 138 RESPONSE to 132 MOTION to Supplement filed by Freeman Spogli & Co. Incorporated. (dr) (Entered: 10/08/2004) 10/05/2004 134 CONSENT ORDER extending time through 10/12/04 for defendants to file their responses to 132 MOTION to Supplement filed by George G. Royal, Mark Rice, James Nugent, Fred Cruz, Yasuo Yaezawa, Alicia Reed, Dennis C. Smith, Lynne N. Read, International Union of Operating Engineers Local 132 Pension Plan, Thomas Savchick, Perkins Family Trust Signed by Judge Thomas W. Thrash Jr. on 10/5/04. (ss) (Entered: 10/05/2004) 10/06/2004 Submission of 128 MOTION for Oral Argument re 102 Motion to Dismiss Consolidated Amended Class Action Complaint, 131 MOTION for Oral Argument, submitted to District Judge Thomas W. Thrash Jr.. (dr) (Entered: 10/06/2004) 10/06/2004 139 Notice of Substitution of Counsel. Charles Neal Pope for Samuel N. Frankel; Dick R. Holbrook; Gerald J. Wilkins; AFC Enterprises, Inc and Frank Belatti, Michael Lee McGlamry for Samuel N. Frankel; Dick R. Holbrook; Gerald J. Wilkins; AFC Enterprises, Inc and Frank Belatti, Teresa Pike Tomlinson for Samuel N. Frankel; Dick R. Holbrook; Gerald J. Wilkins; AFC Enterprises, Inc and Frank Belatti replacing attorney Michael R. Smith; Martin Robert Thornton; John Patterson Brumbaugh and Lex M. Erwin. (dr) (Entered: 10/08/2004) 10/06/2004 140 CERTIFICATE OF SERVICE of discovery by James Nugent (dr) (Entered: 10/08/2004) 10/07/2004 135 RESPONSE to Motion re 132 MOTION to Supplement the Record filed by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins. (Tomlinson, Teresa) (Entered: 10/07/2004) 10/15/2004 Submission of 132 MOTION to Supplement, submitted to District Judge Thomas W. Thrash Jr.. (dr) (Entered: 10/15/2004) 10/18/2004 143 REPLY in Support of 132 MOTION to Supplement filed by plaintiffs. (Attachments: # 1 Exhibit A)(dr) (Entered: 10/21/2004) 10/20/2004 141 RESPONSE re 137 Notice (Other) Plaintiffs' Response to Underwriter Defendants' Notice of Supplemental Authority filed by Thomas Savchick. (Edelstein, Meryl) (Entered: 10/20/2004) 10/20/2004 142 RESPONSE to Motion re 132 MOTION to Supplement the Record SURREPLY filed by AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins. (Attachments: # 1 letter to Leon Stafford)(Tomlinson, Teresa) (Entered: 10/20/2004) 10/22/2004 144 NOTICE of Appearance by David James Worley on behalf of all plaintiffs (dr) (Entered: 10/28/2004) 10/22/2004 145 APPLICATION for Admission of George W. Walker III Pro Hac Viceby AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins.Filing Fee received $150.00, Receipt #528752. (dr) (Entered: 11/01/2004) 10/22/2004 146 APPLICATION for Admission of Richard H. Gill Pro Hac Viceby AFC Enterprises, Inc, Frank Belatti, Samuel N. Frankel, Dick R. Holbrook, Gerald J. Wilkins.Filing Fee received $150, Receipt #528752. (dr) (Entered: 11/01/2004) 10/26/2004 147 NOTICE of Change of Name and Address for John R. Bielema Jr., William Scott Sorrels, counsel for Credit Suisse First Boston (USA) Inc., Deutsche Bank Inc., Goldman, Sachs & Co (dr) (Entered: 11/01/2004) 11/02/2004 150 ORDER granting 145 Application for Admission Pro Hac Vice of George Walker . Signed by Judge Thomas W. Thrash Jr. on 11/2/04. (dr) (Entered: 11/09/2004) 11/02/2004 151 ORDER granting 146 Application for Admission Pro Hac Vice of Richard Gill . Signed by Judge Thomas W. Thrash Jr. on 11/2/04. (dr) (Entered: 11/09/2004) 11/08/2004 148 Letter from C. Neal Pope, counsel for AFC Securities, requesting status conference (conference scheduled) (ss) (Entered: 11/08/2004) 11/08/2004 149 NOTICE scheduling Status Conference with Court, in chambers 11/29/04, 2:00 pm (ss) (Entered: 11/08/2004) 11/22/2004 152 NOTICE of Change of Address for Christopher S. Jones, Maya Saxena, counsel for plaintiffs (dr) (Entered: 11/29/2004) 11/22/2004 153 NOTICE of Supplemental Authority by Credit Suisse First Boston (USA) Inc., Deutsche Bank Inc., Goldman, Sachs & Co in further support of 100 Motion to Dismiss, Motion for Hearing (Attachments: # 1 continued)(dr) (Entered: 11/29/2004) 11/24/2004 154 APPLICATION for Admission of Jack Reise Pro Hac Viceby James Nugent.Filing Fee received $150.00, Receipt #530167. (dr) (Entered: 12/02/2004) 11/29/2004 155 Minute Entry for proceedings held before Judge Thomas W. Thrash Jr.: Status Conference held on 11/29/2004 re matters raised in letter dated 11/4/04 attached; Court will STAY DISCOVERY in 03cv1584 until the Court has ruled on the motion(s) to dismiss in 03cv817; discovery will begin upon ruling on the motion by Court and proceed simultaneously. (Court Reporter Darla Coulter.)(dr) (Entered: 12/02/2004) 12/06/2004 156 ORDER granting 154 Application for Admission Pro Hac Vice of Jack Reise. Signed by Judge Thomas W. Thrash Jr. on 12/6/04. (dr) (Entered: 12/07/2004) 12/08/2004 157 TRANSCRIPT of Proceedings held on 11/29/04 before Judge Thomas W. Thrash. Court Reporter: Darla Coulter. (dr) (Entered: 12/09/2004) 12/29/2004 158 ORDER granting in part and denying in part 99 Motion to Dismiss, denying 100 Motion to Dismiss, granting in part and denying in part 102 Motion to Dismiss, denying 132 Motion to Supplement, the Court grants the plaintiffs permission to file a second consolidated amended complaint within 30 days from the docketing of this order. no other defendants may be added and no other claims may be added without obtaining permission of the Court. if an amended comlaint is not filed, these state claims are dismissed with prejudice as to these defendants. Signed by Judge Thomas W. Thrash Jr. on 12/28/04. (ss) (Entered: 12/29/2004) 12/29/2004 VERBAL ORDER denying 100 Motion for Hearing, denying 128 Motion for Oral Argument, denying 131 Motion for Oral Argument .by Judge Thomas W. Thrash Jr. on 12/29/04. (ss) (Entered: 12/29/2004) 01/05/2005 159 NOTICE Of Filing Notice Regarding Amendment of Consolidated Amended Class Action Complaint by Perkins Family Trust (Worley, David) (Entered: 01/05/2005) 01/07/2005 160 MOTION for Reconsideration re 158 Order on Motion to Dismiss,,,,,,,,, Order on Motion to Supplement,, with Brief In Support by Paul Farrar. (Attachments: # 1 Brief in Support of Motion for Reconsideration)(Russell, David) (Entered: 01/07/2005) 01/10/2005 161 CONSENT ORDER extending time to 2/11/05 for defendants to answer complaint; Discovery begins 2/23/05 for 8 months. Signed by Judge Thomas W. Thrash Jr. on 1/10/05. (dr) (Entered: 01/11/2005) 01/12/2005 162 MOTION for Reconsideration of Order Entered December 29, 2004 With Respect to Relation Back of Section 11 Claim with Brief In Support by Mark J. Doran. (Attachments: # 1 Brief In Support of Motion of Outside Director Defendants to Reconsider Order Entered December 29, 2004 With Respect to Relation Back of Section 11 Claim)(Russell, David) (Entered: 01/12/2005) 01/14/2005 163 MOTION to Dismiss Plaintiffs Thomas Savchik and Perkins Family Trust for Lack of Standing with Brief In Support by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins. (Attachments: # 1 Brief Memorandum in Support of Motion to Dismiss Plaintiffs Thomas Savchik and Perkins Family Trust for Lack of Standing# 2 Appendix Addendum of Exhibits to Memorandum in Support of Motion to# 3 Exhibit Exhibit A# 4 Exhibit Exhibit B# 5 Exhibit Exhibit C# 6 Exhibit Exhibit D# 7 Exhibit Exhibit E# 8 Exhibit Exhibit F - Part 1 of 4# 9 Exhibit Exhibit F (Part 2 of 4)# 10 Exhibit Exhibit F (Part 3 of 4)# 11 Exhibit Exhibit F (Part 4 of 4)# 12 Exhibit Exhibit G# 13 Exhibit Exhbiit H)(Tomlinson, Teresa) (Entered: 01/14/2005) 01/19/2005 Steno Notes of proceedings held on 11/29/04 before Judge Thomas W. Thrash Jr., by Darla Coulter (dr) (Entered: 01/19/2005) 01/27/2005 164 RESPONSE in Opposition re 160 MOTION for Reconsideration re 158 Order on Motion to Dismiss,,,,,,,,, Order on Motion to Supplement,, PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANT FARRAR'S MOTION FOR RECONSIDERATION filed by Perkins Family Trust. (Worley, David) (Entered: 01/27/2005) 01/31/2005 165 RESPONSE in Opposition re 162 MOTION for Reconsideration of Order Entered December 29, 2004 With Respect to Relation Back of Section 11 Claim PLAINTIFFS' BRIEF IN OPPOSITION TO THE DIRECTOR DEFENDANTS' MOTION FOR RECONSIDERATION filed by Perkins Family Trust. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Worley, David) (Entered: 01/31/2005) 01/31/2005 167 NOTICE of Change of Address for Marc A. Topaz, counsel for James Nugent (dr) (Entered: 02/04/2005) 02/02/2005 Submission of 160 MOTION for Reconsideration re 158 Order on Motion to Dismiss Order on Motion to Supplement, 162 MOTION for Reconsideration of Order Entered December 29, 2004 With Respect to Relation Back of Section 11 Claim, 163 MOTION to Dismiss Plaintiffs Thomas Savchik and Perkins Family Trust for Lack of Standing, submitted to District Judge Thomas W. Thrash. (dr) (Entered: 02/02/2005) 02/03/2005 166 RESPONSE in Opposition re 163 MOTION to Dismiss Plaintiffs Thomas Savchik and Perkins Family Trust for Lack of Standing Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs Thomas Savchik and Perkins Family Trust for Lack of Standing filed by Perkins Family Trust. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Worley, David) (Entered: 02/03/2005) 02/09/2005 168 RESPONSE in Support re 163 MOTION to Dismiss Plaintiffs Thomas Savchik and Perkins Family Trust for Lack of Standing filed by AFC Enterprises, Inc, Gerald J. Wilkins. (Tomlinson, Teresa) (Entered: 02/09/2005) 02/11/2005 169 ANSWER to Amended Complaint and Affirmative Defenses of Defendants by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins. Discovery ends on 11/8/2005.(Tomlinson, Teresa) (Entered: 02/11/2005) 02/11/2005 170 ANSWER to Amended Complaint by Penman Asset Management, L.P., Penman Private Equity Fund, LP, Freeman Spogli & Co. Incorporated, Peter Starrett, William M. Wardlaw, Matt L. Figel, Mark J. Doran, Paul Farrar, Ronald P. Spogli, Kelvin J. Pennington, John M. Roth.(Rainer, J.) (Entered: 02/11/2005) 02/11/2005 171 ANSWER to Amended Complaint by Goldman, Sachs & Co, Deutsche Bank Inc., Credit Suisse First Boston (USA) Inc..(Bielema, John) (Entered: 02/11/2005) 02/11/2005 172 REPLY to Response to Motion re 162 MOTION for Reconsideration of Order Entered December 29, 2004 With Respect to Relation Back of Section 11 Claim filed by William M. Wardlaw, Matt L. Figel, Mark J. Doran, Paul Farrar, Ronald P. Spogli, Kelvin J. Pennington, John M. Roth, Penman Asset Management, L.P., Penman Private Equity Fund, LP. (Rainer, J.) (Entered: 02/11/2005) 02/11/2005 173 ANSWER to Consolidated Amended Class Action Complaint by Goldman, Sachs & Co, Deutsche Bank Inc., Credit Suisse First Boston (USA) Inc..(dr) (MANUAL AND DUPLICATE COPY OF 171 Answer) Modified text on 2/15/2005 (dr). (Entered: 02/14/2005) 02/23/2005 174 CERTIFICATE OF SERVICE by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins re: Deposition of Thomas Savchik; Deposition of Perkins Family Trust; Deposition of Alicia Reed; Deposition of Dennis C. Smith; Deposition of Fred Cruz; Deposition of George Royal; Deposition of James Nugent; Deposition of Lynn Read; Deposition of Mark Rice; Deposition of Yasuo Yaezawa; Defendant AFC Enterprises, Inc.'s First Set of Interrogatories; and Defendant AFC Enterprises Inc.'s First Set of Request for Production of Documents to Plaintiffs (Tomlinson, Teresa) (Entered: 02/23/2005) 02/23/2005 175 Initial Disclosures by Freeman Spogli & Co. Incorporated, Peter Starrett, William M. Wardlaw, Matt L. Figel, Mark J. Doran, Paul Farrar, Ronald P. Spogli, Kelvin J. Pennington, John M. Roth, Penman Asset Management, L.P., Penman Private Equity Fund, LP.(Grider, Michael) (Entered: 02/23/2005) 02/23/2005 176 Initial Disclosures by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins. (Attachments: # 1 Exhibit E (1of 3)# 2 Exhibit E (2 of 3)# 3 Exhibit E (3 of 3))(Tomlinson, Teresa) (Entered: 02/23/2005) 02/23/2005 178 CERTIFICATE OF SERVICE re initial disclosures by plaintiffs (dr) (Entered: 02/25/2005) 02/24/2005 177 ORDER on consent of parties ext time through 3/2/05 for defendants Goldman, Sachs & Co., Credit Suisse First Boston Corp. and Deutsche Banc Alex Brown to serve their Initial Disclosures. Signed by Judge Thomas W. Thrash Jr. on 2/24/05. (ss) (Entered: 02/24/2005) 02/28/2005 179 CERTIFICATE OF SERVICE of Discovery by plaintiffs (dr) (Entered: 03/02/2005) 03/02/2005 180 Initial Disclosures by Goldman, Sachs & Co, Deutsche Bank Inc., Credit Suisse First Boston (USA) Inc. (Attachments: # 1 continued)(dr) (Entered: 03/03/2005) 03/07/2005 181 CERTIFICATE OF SERVICE of Discovery by plaintiffs (dr) (Entered: 03/09/2005) 03/11/2005 182 PROPOSED ORDER Proposed Consent Order Regarding Plaintiffs' Motion for Class Certification. (Worley, David) (Entered: 03/11/2005) 03/14/2005 183 CERTIFICATE OF SERVICE by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins Notice of Video Deposition - Ellen Hartman; Notice of Video Deposition - Pierre Dait; Notice of Video Deposition - Scott Harris; Notice of Video Deposition - Brian Lacey; Notice of Video Deposition - Kathy King; Certificate of Service of Discovery (Tomlinson, Teresa) (Entered: 03/14/2005) 03/14/2005 184 PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Perkins Family Trust. (Edelstein, Meryl) (Entered: 03/14/2005) 03/14/2005 185 CERTIFICATES OF SERVICE of discovery by plaintiffs (dr) (Entered: 03/16/2005) 03/17/2005 186 CONSNET ORDER Extending time through 4/15/05 for plaintiffs to file motion for class certification. Signed by Judge Thomas W. Thrash Jr. on 3/17/05. (ss) (Entered: 03/17/2005) 03/21/2005 187 Certification of Consent to Substitution of Counsel. David James Worley replacing attorney Edward H. Nicholson, Jr. (Worley, David) (Entered: 03/21/2005) 03/21/2005 188 NOTICE by Perkins Family Trust re 187 Notice of Substitution of Counsel Corrected Notice of Substitution of Counsel (Worley, David) (Entered: 03/21/2005) 03/23/2005 189 MOTION for Leave to File second consolidated amended class action complaintby plaintiffs. (dr) (Entered: 03/24/2005) 03/23/2005 190 MEMORANDUM in Support of 189 MOTION for Leave to File second consolidated amended class action complaint filed by plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B)(dr) (Entered: 03/24/2005) 03/23/2005 191 NOTICE Of Filing exhibits under seal by plaintiffs in support of 189 MOTION for Leave to File second consolidated amended class action complaint, 190 memorandum in suppport --- FILED UNDER SEAL --- (dr) (Entered: 03/24/2005) 03/24/2005 192 NOTICE Of Filing by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins Non-Party Subpoenas and Affidavits of Service (Attachments: # 1 # 2 # 3 # 4 # 5)(Tomlinson, Teresa) (Entered: 03/24/2005) 03/25/2005 193 MOTION for Protective Order, MOTION to Quash Depositions Notice by Defendants with Brief In Support by Perkins Family Trust. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Bain, David) (Entered: 03/25/2005) 03/28/2005 194 SCHEDULING ORDER:Approving Parties' Joint Preliminary Report and plaintiffs' proposed schedule.Fact discovery shall close 9/23/05, Expert iscovery ends no later than 12/31/2005. Summary Judgment and Daubert Motions due by 2/1/2006. Proposed Pretrial Order due by 2/15/2006, or 30 days after ruling on summary judgment, whichever is later. Signed by Judge Thomas W. Thrash Jr. on 3/28/05. (ss) (Entered: 03/28/2005) 03/28/2005 195 CERTIFICATE OF SERVICE by Goldman, Sachs & Co, Deutsche Bank Inc., Credit Suisse First Boston (USA) Inc. of Responses and Objections to Plaintiffs' First Request for Production of Documents (Bielema, John) (Entered: 03/28/2005) 03/30/2005 196 RESPONSE in Opposition re 193 MOTION for Protective Order MOTION to Quash Depositions Notice by Defendants and Defendants' Motion to Compel and For Costs filed by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Tomlinson, Teresa) (Entered: 03/30/2005) 03/30/2005 199 CERTIFICATE OF SERVICE of discover by International Union of Operating Engineers Local 132 Pension Plan, Thomas Savchick, and Perkins Family Trust : Response to defendant AFC Enterprises, Inc.'s first request for production. (er) (Entered: 03/31/2005) 03/31/2005 197 Minute Entry for proceedings held before Judge Thomas W. Thrash Jr.: Motion Hearing held on 3/31/2005 re 193 MOTION for Protective Order MOTION to Quash Depositions Notice by Defendants filed by Perkins Family Trust,. (Court Reporter Darla Coulter.)(ss) (Entered: 03/31/2005) 03/31/2005 198 VERBAL ORDER on MOTION HEARING on Plaintiffs' Motion to Quash and for Protective Order 193. Court heard from counsel and then GRANTED in part and DENIED in part as detailed on the record. Mr. Bain to prepare order, have reviewed as to form by defense counsel and present to the Court for signature. By Judge Thomas W. Thrash Jr. on 3/31/05. (ss) (Entered: 03/31/2005) 04/01/2005 200 CERTIFICATE OF SERVICE of discovery by plaintiffs (dr) (Entered: 04/04/2005) 04/05/2005 201 STIPULATION AND CONSENT ORDER FOR EXTENSION OF TIME FOR THE DEFENDANTS TO RESPOND TO PLAINTIFFS' MOTION FOR LEAVE TO FILE THEIR SECOND CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by AFC Enterprises, Inc. (Tomlinson, Teresa) (Entered: 04/05/2005) 04/06/2005 202 NOTICE Of Filing Certificate of Service of Discovery - Objections and Responses to Plaintiffs' First Request for Production of Documents to AFC Enterprises, Inc. and the Officer Defendants by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins (Tomlinson, Teresa) (Entered: 04/06/2005) 04/06/2005 203 NOTICE of Change of Firm Name for Meryl W. Edelstein, counsel for Perkins Family Trust (Edelstein, Meryl) Modified on 4/7/2005 to fix attorneys entry (cdg). (Entered: 04/06/2005) 04/06/2005 204 ORDER re 189 MOTION for Leave to File second consolidated amended class action complaint filed by George G. Royal,, Mark Rice,, James Nugent,, Fred Cruz,, Yasuo Yaezawa,, Alicia Reed,, Dennis C. Smith,, Lynne N. Read,, International Union of Operating Engineers Local 132 Pension Plan,, Thomas Savchick,, Perkins Family Trust,, APPROVING 201 Stipulation filed by AFC Enterprises, Inc, to extend time through 4/25/05 for defendants to respond to Motion 189. Signed by Judge Thomas W. Thrash Jr. on 4/6/05. (ss) (Entered: 04/06/2005) 04/06/2005 206 CERTIFICATE OF SERVICE of discovery by plaintiffs(dr) (Entered: 04/07/2005) 04/06/2005 207 TRANSCRIPT of Proceedings held on 3/31/05 before Judge Thomas W. Thrash. Court Reporter: Darla Coulter. (dr) (Entered: 04/07/2005) 04/07/2005 205 NOTICE Of Filing Certificate of Service of Discovery - Objections and Responses to Plaintiffs' Second Request for Production of Documents to AFC Enterprises, Inc. and the Officer Defendants by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins (Tomlinson, Teresa) (Entered: 04/07/2005) 04/08/2005 208 PROPOSED ORDER Regarding Plaintiffs' Motion for Class Certification. (Worley, David) (Entered: 04/08/2005) 04/08/2005 209 STIPULATION re 92 Order regarding confidential information by Goldman, Sachs & Co, Deutsche Bank Inc., Credit Suisse First Boston (USA) Inc.. (Bielema, John) (Entered: 04/08/2005) 04/12/2005 210 CERTIFICATE OF SERVICE by Freeman Spogli & Co. Incorporated, Peter Starrett, William M. Wardlaw, Matt L. Figel, Mark J. Doran, Paul Farrar, Ronald P. Spogli, Kelvin J. Pennington, John M. Roth, Penman Private Equity Fund, LP to Responses to First Request for Production of Documents (Rainer, J.) (Entered: 04/12/2005) 04/13/2005 211 CONSENT ORDER extending time through 4/25/05 for plaintiff to serve Motion for Class Certification. Signed by Judge Thomas W. Thrash Jr. on 4/13/05. (ss) (Entered: 04/13/2005) 04/13/2005 212 STIPULATED ORDER REGARDING CONFIDENTIAL INFORMATION Signed by Judge Thomas W. Thrash Jr. on 4/12/05. (Attachments: # 1 Exhibit A)(dr) (Entered: 04/13/2005) 04/15/2005 213 APPLICATION for Admission of C. Nelson Gill Pro Hac Viceby Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins.Filing Fee received $150, Receipt #535972. (dr) (Entered: 04/19/2005) 04/20/2005 214 ORDER granting 213 Application for Admission Pro Hac Vice for C. Nelson Gill. Signed by Judge Thomas W. Thrash Jr. on 4/20/05. (dr) (Entered: 04/22/2005) 04/22/2005 215 PROPOSED ORDER Proposed Consent Scheduling Order. (Bain, David) (Entered: 04/22/2005) 04/25/2005 216 Consent ORDER extending time through 5/23/05 for plaintiffs to serve their motion for class certification and for defendant to serve their response to plaintiffs' Motion for Leave to File second consolidated amended Class Action Complaint. Signed by Judge Thomas W. Thrash Jr. on 4/25/05. (ss) (Entered: 04/25/2005) 04/25/2005 217 MOTION for permission to enter a special, limited appearance to present certain issues in opposition to plaintiffs' motion for leave to file their second amended class action complaint by Arthur Andersen LLP. (Attachments: # 1 Brief in Support)(dr) (Entered: 04/26/2005) 04/28/2005 218 Request for and APPROVAL OF leave of absence for D. Russell 6/6-24/05. (ss) (Entered: 04/28/2005) 05/09/2005 219 PROPOSED ORDER [Proposed] Consent Order. (Bain, David) (Entered: 05/09/2005) 05/16/2005 Submission of 217 MOTION for Leave to Appear special, submitted to District Judge Thomas W. Thrash. (dr) (Entered: 05/16/2005) 05/18/2005 220 ORDER SUSPENDING all proceedings until 6/2/05. Settlement Approval Material or request for conference will be submited to the Court. Signed by Judge Thomas W. Thrash Jr. on 5/17/05. (ss) (Entered: 05/18/2005) 06/06/2005 221 Minute Entry for proceedings held before Judge Thomas W. Thrash Jr.: Settlement Conference held on 6/2/2005. Hearing on Preliminary Approval of Settlement. Court heard from counsel and accepts the representation of the settlement. Counsel to prepare and present proposed order for the Court consideration. All current deadlines are held and ruling on pending motions deferred pending settlement order. (Court Reporter Darla Coulter.)(ss) (Entered: 06/06/2005) 06/13/2005 222 TRANSCRIPT of Proceedings held on 6/2/05 before Judge Thomas W. Thrash. Court Reporter: Darla Coulter. (dr) (Entered: 06/13/2005) 06/16/2005 223 AMENDED COMPLAINT Third Consolidated Amended Class Action Complaint against all defendants, filed by Perkins Family Trust.(Bain, David) (Entered: 06/16/2005) 06/16/2005 224 SETTLEMENT AGREEMENT by Perkins Family Trust. (Attachments: # 1 Exhibit A - Preliminary Order# 2 Exhibit A-1 - Settlement Notice# 3 Exhibit A-2 - Claim Form# 4 Exhibit A-3 - Summary Notice# 5 Exhibit B - Final Judgment)(Bain, David) (Entered: 06/16/2005) 06/17/2005 Submission of 224 Settlement Agreement, submitted to District Judge Thomas W. Thrash. (dr) (Entered: 06/17/2005) 06/22/2005 225 ORDER PRELIMINARILY APPROVING 224 SETTLEMENT AND PROVIDING FOR NOTICE, not later than 7/5/05 Claims Administrator shall cause a copy of Notice and the Proof of Claim to be mailed first class mail to all Settlement Class Members; and Summary Notice to be published once in national edition of Investor's Business Daily; any person of the Class who desires request exclusion from Class shall do so no later than 8/19/05, no Request for Exclusion shall be valid unless made in a manner described in the Notice no later than 8/19/05; Objections shall be filed on or before 8/19/05. Signed by Judge Thomas W. Thrash Jr. on 6/22/05. (dr) (Entered: 06/22/2005) 06/22/2005 226 ANSWER to Amended Complaint by Samuel N. Frankel, Dick R. Holbrook, AFC Enterprises, Inc, Frank Belatti, Gerald J. Wilkins.(Gill, Richard) (Entered: 06/22/2005) 07/11/2005 227 ORDER denying without prejudice as moot 160 Motion for Reconsideration, denying as moot 162 Motion for Reconsideration, denying as moot 163 Motion to Dismiss . Signed by Judge Thomas W. Thrash Jr. on 7/11/05. (ss) (Entered: 07/11/2005) 09/21/2005 228 MOTION for Attorney Fees and Reimbursement of Expenses Submitted by Counsel for the Sub-Class with Brief In Support. (Attachments: # 1 Brief Memorandum in Support of Application for Attorneys' Fees and Reimbursement of Expenses)(Fistel, Michael) Modified on 9/22/2005 (dr). (Entered: 09/21/2005) 09/21/2005 229 Declaration of S. Gene Cauley in Support of Final Approval of Class Action Settlement and 228 MOTION for Attorney Fees and reimbursement of expenses Submitted by Counsel for the Sub-Class, by Williams, Mary T. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Fistel, Michael) Modified text on 9/22/2005 (dr). (Entered: 09/21/2005) 09/21/2005 230 MOTION for final approval of class action settlement and plan of allocation of settlement proceeds, and application for an award of attorneys' fees and reimbursement of expenses with Brief In Support by Perkins Family Trust. (Attachments: # 1 Brief Memorandum in Support of Final Approval# 2 Brief Memorandum in Support of Attorneys' Fees and Reimbursement of Expenses)(Bain, David) Modified on 9/22/2005 (dr). (Entered: 09/21/2005) 09/21/2005 231 NOTICE Of Filing Declaration of Maya Saxena in Support of Proposed Settlement and Application for Award of Attorneys' Fees and Reimbursement of Expenses by Perkins Family Trust (Bain, David) (Entered: 09/21/2005) 09/21/2005 232 NOTICE Of Filing Declaration of Crystl Hansman in Connection with Plaintiffs' Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and Application for an Award of Attorneys' Fees and Reimbursement of Expenses by Perkins Family Trust (Bain, David) (Entered: 09/21/2005) 09/21/2005 233 NOTICE Of Filing Appendix of Exhibits in Support of Plaintiffs' Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and Application for an Award of Attorneys' Fees and Reimbursement of Expenses by Perkins Family Trust (Attachments: # 1 Exhibit Part 1 of 6# 2 Exhibit Part 2 of 6# 3 Exhibit Part 3 of 6# 4 Exhibit Part 4 of 6# 5 Exhibit Part 5 of 6# 6 Exhibit Part 6 of 6)(Bain, David) (Entered: 09/21/2005) 09/21/2005 235 APPLICATION for Admission of S. Gene Cauley Pro Hac Viceby Lynne N. Read, Mark Rice, International Union of Operating Engineers Local 132 Pension Plan, Thomas Savchick, Perkins Family Trust, James Nugent, Williams, Mary T, Fred Cruz, George G. Royal, Yasuo Yaezawa, Alicia Reed, Dennis C. Smith.Filing Fee received $150.00, Receipt #542000. (dr) (Entered: 09/23/2005) 09/22/2005 234 NOTICE Of Filing Additional Exhibits by Perkins Family Trust (Bain, David) Modified text on 9/23/2005 (dr). (Entered: 09/22/2005) 09/22/2005 236 NOTICE of Change of Address for Albert R. Atwood, Jr, Shaun Khojayan, William S. Lerach, Darren J. Robbins, counsel for plaintiffs (dr) (Entered: 09/23/2005) 09/23/2005 237 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Albert R. Atwood, Jr, Shaun Khojayan, William S. Lerach, Darren J. Robbins re 236 notice of change of address. (dr) (Entered: 09/23/2005) 09/28/2005 238 Minute Entry for proceedings held before Judge Thomas W. Thrash Jr.: Settlement Conference held on 9/28/2005, Court heard from counsel and approved proposed settlement of parties and attorneys fees. (Court Reporter Darla Coulter.)(dr) (Entered: 09/29/2005) 09/28/2005 239 ORDER AND FINAL JUDGMENT approving the settlement embodied in the Stipulation in all respects. Plaintiffs' co-lead counsel are awarded $607,115.06 in reimbursement of expenses and 30% of the escrow account maintained by the Class Escrow Agent in fees, with interest at the same net rate that the Settlement Fund earns payable immediately after entry of this Order. Cauley, Bowman, Carney & Williams, P.L.L.C is awarded $113,063.66 in reimbursement of expenses and 30% of the escrow account maintained by the Sub-Class Escrow Agent in fees, with interest at the same net rate that the Settlement Fund earns payable immediately after entry of this Order. Signed by Judge Thomas W. Thrash Jr. on 9/28/05. (dr) -- Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 09/29/2005) 09/28/2005 Civil Case Terminated. (dr) (Entered: 09/29/2005) 09/28/2005 240 ORDER granting 235 APPLICATION for Admission of S. Gene Cauley Pro Hac Vice filed by George G. Royal, Mark Rice, James Nugent, Fred Cruz,, Yasuo Yaezawa, Alicia Reed,, Dennis C. Smith, Lynne N. Read, International Union of Operating Engineers Local 132 Pension Plan, Thomas Savchick, Perkins Family Trust, Williams, Mary T. Signed by Judge Thomas W. Thrash Jr. on 9/28/05. (dr) (Entered: 09/30/2005) 09/30/2005 241 NOTICE by Freeman Spogli & Co. Incorporated, Peter Starrett, William M. Wardlaw, Matt L. Figel, Mark J. Doran, Paul Farrar, Ronald P. Spogli, Kelvin J. Pennington, John M. Roth, Penman Private Equity Fund, LP of Removal of Angela S. Rawls as Attorney of Record for Outside Director Defendants (Rainer, J.) (Entered: 09/30/2005)

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