U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET for CASE #: 1:00-Cv-01910-SHS

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CLOSED

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:00-cv-01910-SHS

Law Offices of v. Bell Atlantic, et al Date Filed: 03/10/2000 Assigned to: Judge Sidney H. Stein Date Terminated: 09/29/2006 Demand: $0 Jury Demand: Plaintiff Case in other court: 01-07746. Nature of Suit: 410 Anti-Trust Cause: 15:2 Antitrust Litigation Jurisdiction: Federal Question Plaintiff Law Offices of Curtis V. Trinko, represented by Joseph Patrick Garland L.L.P. Lifshutz & Lifshutz, P.C Individually and on behalf of all others 501 Fifth Avenue similarly situated Suite 506 New York, NY 10017 (212)949-8484 Email: [email protected] LEAD ATTORNEY

Kenneth A. Elan Kenneth A. Elan, Esq 217 Broadway New York, NY 10007 (212)-619-0261 Fax: (212)-385-2707 Email: [email protected] LEAD ATTORNEY

Peter S Linden Kirby McInerney LLP 825 Third Avenue 16th Floor New York, NY 10022 (212) 371-6600 Fax: (212) 751-2540 Email: [email protected] LEAD ATTORNEY

V. Defendant Verizon Communications Inc. represented by Henry Braude Gutman Simpson Thacher & Bartlett LLP (NY)

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425 Lexington Avenue New York, NY 10017 2124553180 Fax: 2124552502 Email: [email protected] LEAD ATTORNEY

Richard G. Taranto Farr & Taranto 1220 19th Street Suite 800 Washington, DC 20036-2435 LEAD ATTORNEY

Defendant Bell Atlantic Corp represented by Aaron Martin Panner Kellogg, Huber, Hansen, Todd & Evans, PLLC Sumner Square 1615 M Street, N.W. Washington, DC 20036 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Henry Braude Gutman (See above for address) LEAD ATTORNEY

Date Filed # Docket Text 03/10/2000 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 369125. (em) (Entered: 03/13/2000) 03/10/2000 Magistrate Judge James C. Francis is so Designated. (em) (Entered: 03/13/2000) 03/16/2000 2 INITIAL PRETRIAL CONFERENCE NOTICE; counsel are directed to appear in courtroom 23A on 4/28/00, at 10:30 a.m. for an initial case management conference purs. to F.R.C.P. 16; pltff's attny. is directed to notify defts' attorney of this conf.; attnys are directed to consult Judge Stein's Individual Rules w/ respect ot procedures for matters assigned to him ;( signed by Judge Sidney H. Stein ); copies mailed. (ls) (Entered: 03/16/2000) 03/29/2000 3 Affidavit of service of summons and complaint as to Bell Atlantic Corp. by Merwyn Fraser on 3/17/00. Answer due on 4/6/00 for Bell Atlantic Corp. (djc) (Entered: 03/30/2000) 04/12/2000 4 STIPULATION and ORDER; reset answer to the complt. due for 5/26/00 for Bell Atlantic Corp. ; ( signed by Judge Sidney H. Stein ) (ls) (Entered: 04/13/2000)

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04/27/2000 5 Memo-Endorsement on letter addressed to Judge Stein from Henry B. Gutman, dated 4/21/00; reset pre-trial conference for 5/5/00 at 10:00 a.m. ( signed by Judge Sidney H. Stein ); Copies mailed. (sac) (Entered: 04/27/2000) 05/08/2000 6 ORDER, Amended Complaint due on or before 5/19/00; Deadline for filing of motion to dismiss by 6/19/00; Response to motion deadline 7/21/00; Reply to response to motion deadline 8/4/00 ; staying discovery until determination of the motion to dismiss and no further adjournments ( signed by Judge Sidney H. Stein ); Copies mailed. (cd) (Entered: 05/09/2000) 05/11/2000 7 RULE 1.9 CERTIFICATE filed by Bell Atlantic Corp. (sac) (Entered: 05/12/2000) 05/24/2000 8 STIPULATION and ORDER; Plaintiff shall advise Defendant on or before May 19, 2000 whether it intends to amend the complaint, including by adding additional parties plaintiff, and shall serve any such amended complaint on or before May 26, 2000; If Plaintiff does not amend the complaint: (a) Defendant shall serve a motion to dismiss the Complaint on or before June 19, 2000; (b) Plaintiff shall serve its answering papers on the motion to dismiss on Defendant on or before July 21, 2000; Defendant shall serve its reply papers on the motion to dismiss on Plaintiff on or before August 4, 2000; There shall be no adjournment of the aforementioned dates ; All discovery of the parties is stayed pending resolution of the motion to dismiss ; If Plaintiff amends the complaint as provided in paragraph 1 hereof, the parties shall promptly submit to the Court a proposed alternate schedule for Defendant's answering or moving with respect to such amended complaint; The foregoing shall be without prejudice to Plaintiff's amending the Complaint as of right as otherwise permitted by the Federal Rules of Civil Procedure. Plaintiff shall not make a class certification motion until after the resolution of the motion to dismiss ; (signed by Judge Sidney H. Stein) (djc) Modified on 05/31/2000 (Entered: 05/26/2000) 06/19/2000 9 NOTICE OF MOTION (Fld on Service Date) by Bell Atlantic Corp. to dismiss plntf's complaint in its entirety ; Return date not indicated (cd) (Entered: 08/07/2000) 08/04/2000 10 MEMORANDUM OF LAW by Bell Atlantic Corp. in support of [9-1] motion to dismiss plntf's complaint in its entirety . (cd) (Entered: 08/07/2000) 08/04/2000 11 REPLY MEMORANDUM by Bell Atlantic Corp. re: [9-1] motion to dismiss plntf's complaint in its entirety (cd) (Entered: 08/07/2000) 08/08/2000 12 MEMORANDUM OF LAW by Law Offices of in opposition to [9-1] motion to dismiss plntf's complaint in its entirety (cd) (Entered: 08/09/2000) 12/06/2000 13 OPINION and ORDER #84888; that for the reasons set forth on this Opinion and Order, the [9-1] motion to dismiss plntf's complaint in its entirety is granted; pltff may replead its Communications Act claim based on the defts alleged violation of 47 U.S.C. 202(a) as well as its supplemental claim for tortious interference with contract within 20 days of this Opinion and Order . ( signed by Judge Sidney H. Stein ); Copies mailed. Original document sent to Judgment Clerk. (jp) (Entered: 12/07/2000) 12/06/2000 14

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ORDER; reset pre-trial conference for 11:00 1/5/01; all parties are directed to appear in courtroom 23A at that time . ( signed by Judge Sidney H. Stein ); Copies mailed. (pl) (Entered: 12/07/2000) 12/20/2000 15 NOTICE OF MOTION by Law Offices of for reconsideration of [13-1] order pltff may replead its Communications Act claim based on the defts alleged violation of 47 U.S.C. 202(a) as well as its supplemental claim for tortious interference with contract within 20 days of this Opinion and Order, [13-2] order , for leave to amend complaint , granting further and other relief as the Court deems just and proper (Filed on service date). (sl) (Entered: 12/27/2000) 12/20/2000 16 MEMORANDUM OF LAW by Law Offices of in support of [15-1] motion for reconsideration of [13-1] order pltff may replead its Communications Act claim based on the defts alleged violation of 47 U.S.C. 202(a) as well as its supplemental claim for tortious interference with contract within 20 days of this Opinion and Order, [13-2] order, [15-2] motion for leave to amend complaint, [15-3] motion granting further and other relief as the Court deems just and proper . (sl) (Entered: 12/27/2000) 12/20/2000 17 NOTICE of substitution of attorney for Law Offices of Joseph P. Garland (sl) (Entered: 12/27/2000) 12/28/2000 18 JUDGMENT that for the reasons stated in the Court's Opinion (84888) and Order dated 12/6/00, deft's motion to dismiss the complaint is granted with leave to replead within 20 days of the opinion (84888) and Order dated 12/6/00 (Signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 12/29/00. (lam) (Entered: 12/29/2000) 12/28/2000 Case closed. (lam) (Entered: 12/29/2000) 01/03/2001 19 STIPULATION and ORDER, that the time within which deft may respond to the pltff's motion for reconsideration is extended to 1/19/01, and that the time within which pltff may reply to deft's response is extended to 2/5/01; pltff's time within which to replead certain claims under the Court's Opinion and Order dated 12/6/00 is extended to 10 days following the Court's ruling on pltff's motion for reconsideration (or such time and on such terms as the Court may determine in its ruling) ( signed by Judge Sidney H. Stein ) (lam) Modified on 01/08/2001 (Entered: 01/04/2001) 01/09/2001 20 ORDER; that plaintiff's motion for reconsideration is denied, except that plaintiff is granted leave to replead the Sherman Act claim in addition to the claims for violation of Sec. 202 of the Communication Act on or before 1/19/01 . ( signed by Judge Sidney H. Stein ); Copies mailed. (pl) Modified on 01/10/2001 (Entered: 01/09/2001) 01/19/2001 21 AMENDED COMPLAINT by Law Offices of (Answer due 2/1/01 for Bell Atlantic Corp. ) amending [1-1] complaint ; Summons issued. Jury Trial Demand; (docmt received in night dep. on 01/19/01 at 8:36 p.m.) (djc) (Entered: 01/22/2001) 02/05/2001 22 NOTICE OF MOTION (FILED ON SERVICE DATE) by Bell Atlantic Corp. for an order purs. to Rule 12(b)(6) of the F.R.C.P., for an order granting Bell

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Atlantic's motion to dismiss pltff's amended complaint in its entirety . No return date indicated. (sn) (Entered: 03/06/2001) 03/02/2001 23 MEMORANDUM OF LAW by Bell Atlantic Corp. in support of [22-1] motion for an order purs. to Rule 12(b)(6) of the F.R.C.P., for an order granting Bell Atlantic's motion to dismiss pltff's amended complaint in its entirety. (sn) (Entered: 03/06/2001) 03/02/2001 24 MEMORANDUM OF LAW by Law Offices of in opposition to [22-1] motion for an order purs. to Rule 12(b)(6) of the F.R.C.P., for an order granting Bell Atlantic's motion to dismiss pltff's amended complaint in its entirety. (sn) (Entered: 03/06/2001) 03/02/2001 25 REPLY MEMORANDUM by Bell Atlantic Corp. in further support of [22-1] motion for an order purs. to Rule 12(b)(6) of the F.R.C.P., for an order granting Bell Atlantic's motion to dismiss pltff's amended complaint in its entirety. (sn) (Entered: 03/06/2001) 04/26/2001 26 ORDER granting [22-1] motion for an order purs. to Rule 12(b)(6) of the F.R.C.P., for an order granting Bell Atlantic's motion to dismiss pltff's amended complaint in its entirety. ( signed by Judge Sidney H. Stein ); Copies mailed. (sn) (Entered: 05/01/2001) 05/25/2001 27 CIVIL JUDGMENT; that for the reasons stated in the Court's Order dated 4/26/01, defendant's motion to dismiss the amended complaint is granted. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 05/30/01. (pl) (Entered: 05/30/2001) 06/25/2001 28 NOTICE OF APPEAL by Law Offices of ; from [27-1] judgment order, [26-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Henry B. Gutman, Dan K. Webb, Richard G. Taranto, Mark C. Hansen and John Thorne. $105.00 Appeal filing fee paid 6/25/01 on receipt # E 409996. (dt) (Entered: 06/26/2001) 06/26/2001 Notice of appeal and certified copy of docket to USCA: [28-1] appeal by Law Offices of ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 06/26/2001) 08/20/2001 USCA Case Number Re: [28-1] appeal by Law Offices of USCA NUMBER: 01-7746. (dt) (Entered: 08/20/2001) 09/27/2001 29 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [28-1] appeal by Law Offices of Curtis. (sb) (Entered: 10/02/2001) 10/15/2002 30 MANDATE OF USCA (certified copy) Re: AFFIRMED & REMANDED. [28-1] appeal. ORDERED, ADJUDGED AND DECREED that the district court's dismissal of the plaintiff's section 251 claim is hereby AFFIRMED. The district court's dismissal of plaintiff's other claim is vacated and the case is REMANDED to the district court for further proceedings in accordance with the opinion of this court. ISSUED AS MANDATE: 10/8/02, (01-7746). ROSEANN B. MACKECHNIE, CLERK, USCA. (pr) (Entered: 10/23/2002) 11/27/2002 Case reopened. Per chambers. (pr) (Entered: 11/27/2002)

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02/07/2003 31 True Copy of Order from the USCA RE: Pursuant to Rule 12.7 of the rules of the Supreme Court of the United States, you are requested to certify and transmit immediately, the entire record in the above case to this office. CERTIFIED 1/31/03, 02-682, 01-7746, 00CV-1910. ROSEANN B. MACKECHNIE, CLERK, USCA.. (pr) (Entered: 02/20/2003) 02/20/2003 Indexed record on appeal file sent to the Supreme Court of the United States. Docket # USSC 02-682, USCA 01-7746, USDC 00CV-1910. (pr) Modified on 02/21/2003 (Entered: 02/20/2003) 02/20/2003 32 Notice that the record on appeal has been certified and transmitted to the U.S. SUPREME COURT. Docket # USSC 02-682, USCA 01-7746, USDC 00CV- 1910. (pr) (Entered: 02/21/2003) 03/26/2004 Appeal Record Returned. Indexed record on Appeal Files for 28 Notice of Appeal, filed by Law Offices of Curtis V. Trinko, L.L.P. USCA Case Number 01-7746, returned from the U.S. Court of Appeals. (dt, ) (Entered: 03/29/2004) 05/19/2004 33 MANDATE of USCA (Certified Copy) as to 28 Notice of Appeal, filed by Law Offices of Curtis V. Trinko, L.L.P. USCA Case Number 01-7746. It is Ordered, Adjudged and Decreed that the judgment of this Court reversiing the District Court's dismissal of respondent's antitrust claims, be VACATED, and the case REMANDED to the district Court, for such remaining proceedings as are appropriate to the disposition of all other aspects of this case. Roseann B. MacKechne, Clerk USCA. (tp, ) (Entered: 05/19/2004) 05/19/2004 Transmission of USCA Mandate/Order to the District Judge re: 33 USCA Mandate. (tp, ) (Entered: 05/19/2004) 05/19/2004 34 TRUE COPY ORDER of USCA as to 28 Notice of Appeal, filed by Law Offices of Curtis V. Trinko, L.L.P. USCA Case Number 01-7746. Please return the Mandate dadted 10/8/02 to me so that I may hold it pursuant to the Court's Order. Mandate Returned to Eniola Ajayi. Roseann B. MacKechne, Clerk USCA. Certified: 5/14/04. (tp, ) (Entered: 05/19/2004) 05/19/2004 Appeal Remark as to 28 Notice of Appeal, filed by Law Offices of Curtis V. Trinko, L.L.P. USCA Case Number 01-7746: The Mandate Issued 10/8/04 is returned to Eniola Ajayi, USCA 2nd Cir. on 10/19/04 as per Order Doc. #34. (tp, ) (Entered: 05/19/2004) 09/13/2004 35 ENDORSED LETTER addressed to Judge Stein from Joseph P. Garland dated 8/31/2004 re: conference adjourned until 9/24/2004 at 9:00am. So ordered. (Signed by Judge Sidney H. Stein on 8/31/2004) (jsa, ) (Entered: 09/13/2004) 09/13/2004 Set/Reset Hearings: Pretrial Conference set for 9/24/2004 09:00 AM before Judge Sidney H. Stein. (jsa, ) (Entered: 09/13/2004) 09/27/2004 36 ORDER: Amended Pleadings due by 10/8/2004. Motions due by 11/5/2004. Replies due by 12/24/2004. Responses due by 12/3/2004 Pretrial Conference set for 10/7/2004 at 9:15 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 9/24/04) (sac, ) (Entered: 09/28/2004) 10/08/2004 37

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SECOND AMENDED COMPLAINT amending 21 Amended Complaint against Verizon Communications Inc..Document filed by Law Offices of Curtis V. Trinko, L.L.P.. Related document: 21 Amended Complaint filed by Law Offices of Curtis V. Trinko, L.L.P.. Received in the night deposit box on 10/8/04 at 5:10 P.M..(sac, ) (Entered: 10/14/2004) 10/14/2004 38 SCHEDULING ORDER: Pursuant to the pretrial conference held on 10/7/2004 with all parties present, the next Pretrial Conference set for 11/12/2004 09:15 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 10/7/2004) (jsa, ) (Entered: 10/15/2004) 11/17/2004 39 SCHEDULING ORDER: Pursuant to the pretrial conference held today with counsel for all parties present. Plaintiff's Responses to motion to dismiss due by 1/7/2005.Replies due by 1/28/2005. (Signed by Judge Sidney H. Stein on 11/12/2004) (jsa, ) (Entered: 11/18/2004) 01/05/2005 40 ENDORSED LETTER addressed to Judge Sidney H. Stein from Peter S. Linden dated 12/30/04; granting plaintiff's request for additional ten days until 1/18/2005, to respond to defendant's motion to dismiss. (Signed by Judge Sidney H. Stein on 1/4/05) (sac, ) (Entered: 01/06/2005) 02/04/2005 41 NOTICE of Change of Address by Aaron M. Panner on behalf of Bell Atlantic Corp. New Address: Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.,. (djc, ) (Entered: 02/16/2005) 02/07/2005 42 MOTION (FILED ON SERVICE DATE) to Dismiss plaintiff's second amended complaint pursuant to Rule 12(b)(6) of the FRCP. Document filed by Verizon Communications Inc., Bell Atlantic Corp. (kw, ) (Entered: 02/18/2005) 02/07/2005 43 MEMORANDUM OF LAW in Support of re: 42 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Verizon Communications Inc., Bell Atlantic Corp. (kw, ) (Entered: 02/18/2005) 02/07/2005 44 MEMORANDUM OF LAW in Opposition re: 42 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (kw, ) (Entered: 02/18/2005) 02/07/2005 45 REPLY MEMORANDUM OF LAW in Support re: 42 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Verizon Communications Inc., Bell Atlantic Corp. (kw, ) (Entered: 02/18/2005) 08/05/2005 46 ORDER denying defendants 42 Motion to Dismiss. Parties shall submit a proposed discovery schedule by 9/12/05. If parties cannot agree on a proposed schedule, they shall appear for a conference on 8/15/05. (Signed by Judge Sidney H. Stein on 8/4/05) (db, ) (Entered: 08/09/2005) 08/18/2005 47 ENDORSED LETTER addressed to Judge Sidney H. Stein from Randall K. Berger and Henry B. Gutman dated 8/11/2005 re: request a one week extension, until August 19,2005 to attempt to agree upon the scheduling order that your Honor suggested at the hearing on August 8,2005. If the Cour is amenable, we propose to submit an agreed upon order on the 19th or appear in Court on the morning of August 22,2005 at 11:00 a.m. to present our disagreements. If the Court is receptive to our request for adjournment but unavailable that morning,

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we respectfully request an alternative date. SO ORDERED (Signed by Judge Sidney H. Stein on 8/15/2005) (jmi, ) Modified on 8/19/2005 (jmi, ). (Entered: 08/19/2005) 08/31/2005 48 ORDER: Defendant may move for summary judgment on or before 9/30/2005. Plaintiff shall respond on or before 10/21/2005. Defendant shall reply on or before 11/4/2005. (Signed by Judge Sidney H. Stein on 8/25/2005) (lb, ) (Entered: 09/01/2005) 09/29/2005 49 STIPULATION MODIFYING SUMMARY JUDGMENT SCHEDULE: The time by which Verizon Communications Inc. may file its summary judgment motion in the above captioned proceedings is extended to, and including, 10/20/05. The time within which law offices of Curtis V. Trinko, LLP may file its opposition to Verizon's summary judgment motion is extended to, and including, 11/10/05, and the time within which Verizon may file its reply brief is extended to, and including 11/23/05. (Signed by Judge Sidney H. Stein on 9/29/05) (js, ) (Entered: 09/30/2005) 10/07/2005 50 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. This Stipulation and order may be amended for good cause shown. (Signed by Judge Sidney H. Stein on 10/6/05) (js, ) (Entered: 10/07/2005) 10/24/2005 51 STIPULATION MODIFYING SUMMARY JUDGMENT SCHEDULE: the time by which Verizon Communications, Inc. may file its summary judgment motion is extended until 11/4/05, time to file the opposition is extended until 12/2/05 and the reply deadline is 12/16/05. (Signed by Judge Sidney H. Stein on 10/21/05) (kco, ) (Entered: 10/24/2005) 10/24/2005 Set/Reset Deadlines: Motions due by 11/4/2005. Replies due by 12/16/2005. Responses due by 12/2/2005 (kco, ) (Entered: 10/24/2005) 11/16/2005 52 STIPULATION AND ORDER; plaintiff's motion for class certification due by 1/6/2006. Responses due by 2/13/2005 Replies due by 3/20/2006. (Signed by Judge Sidney H. Stein on 11/14/05) (pl, ) (Entered: 11/17/2005) 12/12/2005 53 STIPULATION MODIFYING SCHEDULES FOR SUMMARY JUDGMENT AND CLASS CERTIFICATION MOTIONS; time by which plaintiff may file its response to defendant's motion for summary judgment is extended to 1/4/2006 and the time for defendant to reply is extended until 1/18/2006. Time for plaintiff to file its motion for class certification is extended until 12/6/2006 and the time for defendant to file its opposition is extended until 3/16/2006, finally the time for plaintiff to file its reply is extended until 4/20/2006. (Signed by Judge Sidney H. Stein on 12/10/05) (kco, ) (Entered: 12/13/2005) 12/12/2005 Set Deadlines: Motions due by 2/6/2006. Responses due by 3/16/2006. Replies due by 4/20/2006.(kco, ) (Entered: 12/13/2005) 01/18/2006 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 56 DECLARATION of Beth A. Abesamis. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006)

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01/18/2006 57 DECLARATION of Alencia Deanda-Gregg. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 58 REPLY DECLARATION of Beth A. Abesamis. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 59 DECLARATION of Francisco J. Navarro in Support re: 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 60 MEMORANDUM OF LAW in Opposition re: 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (lb, ) (Entered: 01/19/2006) 01/18/2006 61 REPLY IN SUPPORT re: 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 62 DECLARATION of Jennifer R. Rackoff in Support re: 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 63 MEMORANDUM in Support re: 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 64 PLAINTIFF'S RESPONSE TO DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (lb, ) (Entered: 01/19/2006) 01/18/2006 65 RULE 56.1 STATEMENT. Document filed by Verizon Communications Inc.. (lb, ) (Entered: 01/19/2006) 01/18/2006 66 DECLARATION of John B. Hayes. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (lb, ) (Entered: 01/19/2006) 01/18/2006 67 DECLARATION of Neil Cox. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (lb, ) (Entered: 01/19/2006) 01/18/2006 68 AFFIDAVIT of Peter S. Linden in Opposition re: 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (lb, ) (Entered: 01/19/2006) 05/02/2006 69 AFFIDAVIT of Peter S. Linden in Opposition re: 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (jmi, ) (Entered: 05/03/2006) 09/27/2006 70 OPINION AND ORDER # 93740 re: granting 55 MOTION (FILED ON SERVICE DATE) for Summary Judgment. filed by Verizon Communications Inc.; that because Trinko has provided no credible evidence that it was harmed by any discriminatory actions by Verizon or that Verizon tortiously interfered with its contact with AT&T, and because Trinko has not identified any unproduced discovery that could rescue its claims, defendant's motion for summary judgment is granted. The Clerk of Court is directed to enter judgment

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dismissing the second amended complaint. (Signed by Judge Sidney H. Stein on 9/27/06) (pl, ) Modified on 9/29/2006 (rw, ). (Entered: 09/28/2006) 09/27/2006 Transmission to Judgments and Orders Clerk. Transmitted re: 70 Memorandum & Opinion, to the Judgments and Orders Clerk. (pl, ) (Entered: 09/28/2006) 09/29/2006 71 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated September 27, 2006, defendant?s motion for summary judgment is granted and the second amended complaint is dismissed. (Signed by J. Michael McMahon, clerk on 9/29/06) (ml, ) (Entered: 10/02/2006) 10/03/2006 Mailed notice of Right to Appeal re: 71 Clerk's Judgment, and to Attorney(s) of Record: Kenneth A. Elan, Henry Braude Gutman, Peter S Linden, Aaron M. Panner, Richard G. Taranto. (lma, ) (Entered: 10/03/2006) 10/16/2006 72 MOTION for Attorney Fees and Costs. Document filed by Verizon Communications Inc.. (cd, ) (Entered: 10/19/2006) 10/16/2006 73 DECLARATION of Henry Gutman in Support re: 72 MOTION for Attorney Fees.. Document filed by Verizon Communications Inc.. (cd, ) (Entered: 10/19/2006) 10/16/2006 74 MEMORANDUM OF LAW in Support re: 72 MOTION for Attorney Fees. Document filed by Verizon Communications Inc.. (cd, ) (Entered: 10/19/2006) 10/27/2006 75 NOTICE OF APPEAL from 70 Memorandum & Opinion, 71 Clerk's Judgment. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. Filing fee $ 455.00, receipt number E 595449. Copies of Notice of Appeal mailed to Attorney(s) of Record: Simpson Thacher & Bartlett LLP, Kellogg, Huber, Hansen, Todd & Evans, PLLC, Farr & Taranto and Verizon communication Inc. (nd, ) (Entered: 10/30/2006) 10/30/2006 Transmission of Notice of Appeal to the District Judge re: 75 Notice of Appeal,. (nd, ) (Entered: 10/30/2006) 10/30/2006 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 75 Notice of Appeal,. (nd, ) (Entered: 10/30/2006) 11/02/2006 76 STIPULATION AND ORDER by the parties hereto that the time for plaintiffs to respond to defendants' Motion For Attorneys' Fees And Costs shall be extended by two weeks until November 13, 2006. So Ordered. (Signed by Judge Sidney H. Stein on 10/30/2006) (jmi, ) (Entered: 11/02/2006) 11/13/2006 77 MEMORANDUM OF LAW in Opposition re: 72 MOTION for Attorney Fees. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (docmt received in night dep. on 11/13/06 at 9:57 p.m.) (djc, ) (Entered: 11/16/2006) 11/13/2006 78 AFFIDAVIT of Josephine LaMonica based upon personal knowledge. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (djc, ) (Entered: 11/16/2006) 11/13/2006 79 AFFIDAVIT of Randall K. Berger in Support re: 77 Memorandum of Law in Opposition to Motion. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (djc, ) (Entered: 11/16/2006)

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11/14/2006 80 CORRECTED MEMORANDUM OF LAW in Opposition re: 72 MOTION for Attorney Fees. Document filed by Law Offices of Curtis V. Trinko, L.L.P.. (pl, ) (Entered: 11/17/2006) 12/07/2006 81 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 75 Notice of Appeal, filed by Law Offices of Curtis V. Trinko, L.L.P., USCA Case Number 06-5025-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) Additional attachment(s) added on 1/24/2007 (Pisarczyk, Thomas). (Entered: 12/07/2006) 01/05/2007 82 STIPULATION OF WITHDRAWAL OF MOTION: It is hereby stipulated and agreed for the parties in the above captioned action that the defendant's Motion for Attorneys' fees and Costs is hereby withdrawn with prejudice and without costs or attorneys' fees. (Signed by Judge Thomas P. Griesa on 1/3/07) (js, ) (Entered: 01/09/2007) 01/10/2007 83 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 75 Notice of Appeal, filed by Law Offices of Curtis V. Trinko, L.L.P., USCA Case Number 06-5025-cv. The parties hereby stipulate that the appeal is hereby WITHDRAWN with prejudice, without costs, and without attorneys' fees pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Thomas Asreen, Acting, Clerk USCA. Certified: 1/9/07. (tp, ) (Entered: 01/10/2007) 01/10/2007 Transmission of USCA Mandate/Order to the District Judge re: 83 USCA Mandate Withdrawing Appeal. (tp, ) (Entered: 01/10/2007)

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