Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 1 of 17

1 Joseph J. Tabacco, Jr. (SBN 75484) E-mail: [email protected] 2 Nicole Lavallee (SBN 165755) E-mail: [email protected] 3 BERMAN DeVALERIO 425 California Street, Suite 2100 4 San Francisco, California 94104 Telephone: (415) 433-3200 5 Facsimile: (415) 433-6382 6 Local Counsel

7 Richard W. Cohen (admitted pro hac vice) E-mail: [email protected] 8 Barbara J. Hart (admitted pro hac vice) E-mail: [email protected] 9 David C. Harrison (admitted pro hac vice) E-mail: [email protected] 10 LOWEY DANNENBERG COHEN & HART, P.C. One North Broadway, Suite 509 11 White Plains, New York 10601-2310 Telephone: (914) 997-0500 12 Facsimile: (914) 997-0035 13 Lead Counsel for Lead Plaintiff and the Putative Class 14

15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 16 17 18 IN RE LUMINENT MORTGAGE CAPITAL, C 07-04073 PJH INC. SECURITIES LITIGATION 19 CLASS ACTION DECLARATION OF DAVID C. 20 This Document Relates To: HARRISON IN SUPPORT OF APPLICATION FOR FINAL 21 ALL ACTIONS APPROVAL OF SETTLEMENT, 22 THE NOTICE, THE PLAN OF ALLOCATION AND AWARD OF 23 ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES 24 Date: April 29, 2009 25 Time: 9:00 a.m. Place: Courtroom 5, 17th Floor 26 Judge: Hon. Patricia J. Hamilton 27 28

{2031 / DECL 100094899.DOC v4} DECLARATION OF DAVID C. HARRISON (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 2 of 17

1 A. Introduction

2 1. I am a member of the firm of Lowey Dannenberg Cohen & Hart, P.C. ("LDCH" or 3 "Lead Counsel"), counsel for Lead Plaintiff Allen Dayton, The Southern Improvement Co. and

4 VSA, Inc. (collectively, "Lead Plaintiff') and the Settlement Class, which this Court preliminarily 5 certified in its Order Preliminarily Approving Settlement and Providing For Notice filed January 6 20, 2009 (the "Notice Order"). 7 2. 1 submit this declaration in support of the Application of Lead Plaintiff for Final 8 Approval of Settlement, the Notice, and the Plan of Allocation (the "Settlement Application"), 9 and the Application for the Award of Attorneys' Fees and Reimbursement of Expenses (the "Fee 10 Application") (together, the "Applications"). Specifically, this declaration sets forth the efforts 11 undertaken on behalf of Lead Plaintiff since entry of the Notice Order to provide notice to 12 members of the putative class and to assist them in submitting proofs of claim or otherwise

13 responding to the proposed Settlement. I also summarize below the history of the litigation and 14 the factors which warrant approval of the Applications.

15 3. I have been actively involved in all aspects of this litigation, including settlement 16 negotiations. I have personal knowledge of the matters set forth in this declaration and the facts 17 set forth in the Application and attest to their accuracy.

18 4. On January 14, 2009, my partner Barbara Hart and I attended the preliminary 19 approval hearing before this Court. In support of that application, Lead Counsel made a 20 comprehensive submission that included declarations from (1) myself and the other counsel

21 involved in the prosecution of this class action (the "Action"); (2) Lead Plaintiff Allen Dayton, 22 endorsing the Applications; (3) Lead Plaintiff's financial expert, Michael Marek of Financial 23 Markets Analysis LLC ("FMA" ); and (4) the Claims Administrator, Thomas R. Glenn of

24 Complete Claim Solutions, LLC ("CCS") with respect to the plan for providing notice to the 25 members of the Settlement Class; as well as a supporting Memorandum of Points and Authorities 26 (Dkt. Nos. 157-160). In addition, defendants made a submission in support of the proposed 27 settlement (Dkt. No. 161).

28 5. These submissions give a detailed recitation of the history of the litigation; the

{2031 / DECL / 00094899.DOC v4} DECLARATION OF DAVID C. HARRISON (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 3 of 17

1 comprehensive, expert-assisted investigation into the facts and law in connection with the filing 2 of the Consolidated Class Action Complaint and in response to the arguments raised by

3 defendants in their motions to dismiss and at the mediation; the complex and substantial risks 4 Lead Plaintiff faced in prosecuting these securities claims; the extensive arm's-length 5 negotiations over several months which led to the $8.0 million Settlement after a full-day 6 mediation; the factors which support the fairness and reasonableness of the Settlement, the

7 proposed Plan of Allocation and the Class Notice; and a detailed discussion of the time charges 8 and expenses (with supporting documentation) incurred by Lead Counsel, and the law firms that 9 assisted Lead Counsel, in litigating these claims on a wholly contingent basis. In compliance 10 with this Court's Standing Order for Securities Class Action Settlements (the "Standing Order"), I 11 will not repeat the facts and arguments made in prior submissions.

12 6. At the January 14 hearing, the Court approved the form of notice subject to certain 13 modifications. On January 20, 2009, the Court entered the Notice Order, which included a 14 timetable for sending notice and scheduled a hearing on final approval for April 29, 2009. 15 Pursuant to the Notice Order, beginning on February 9, 2009, the Claims Administrator, CCS,

16 mailed notice (the "Class Notice") to over 21,000 potential Class members, broker-dealers and

17 nominees. A summary notice was also published nationally in The Wall Street Journal on

18 February 17, 2009. See Exhibits A and B to the Affidavit of Peter M. Craig dated April 15, 2009 19 (the "Craig Aff."), attached as Exhibit 1 hereto.

20 7. The Class Notice advised Class members of their rights with respect to the 21 Settlement, including the option to object or opt out of the settlement by the April 9, 2009 22 deadline. By giving Class members 60 days after the initial mailing of the notice to decide how 23 to respond, consistent with the Court's instructions in the Standing Order, Lead Plaintiff allowed 24 sufficient time for a Class member to receive notice through a second round of mailing and to 25 timely respond to the notice in the event he or she wished to opt out or object. Craig Aff. ¶ 12 26 and Exhibit C thereto.

27 8. Lead Plaintiff has also worked with its Claims Administrator in setting up a 28 webpage (www.LuminentSecuritiesSettlement.cone) which contains the Notice and Proof of

DECLARATION OF DAVID C. HARRISON {20311 DEC.100094899.DOC v4} 2 (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 4 of 17

1 Claim, and a toll-free number for all verbal communications necessary to the administration of 2 the Settlement.

3 9. The Settlement has been very well received. No objections have been filed to the 4 Settlement, Plan of Allocation, or request for attorneys' fees and expenses as of the April 9, 2009

5 deadline, and only two requests for exclusion were received. See Craig Aff. ¶M 15-16 and Ex. D 6 thereto.

7 10. Moreover, I am pleased to report that as of April 14, 2009, 1,927 proofs of claim 8 have been received by the Claims Administrator. The fact that a substantial number of Class

9 members have already submitted claims eight weeks before the June 9, 2009 deadline attests to 10 both the effectiveness of the notice program and the apparent enthusiasm of Class members to 11 receive the benefits of the Settlement. Typically, large numbers of proofs of claim are submitted 12 just prior to the claims deadline. It is therefore likely that the current amount of claims represent

13 only a small fraction of the claims that will ultimately be filed by the June 9, 2009 deadline. See

14 Craig Aff. T 14. 15 11. As discussed below, Lead Counsel and Lead Plaintiff believe that the Applications 16 should be approved as fair and reasonable. Since its appointment as Lead Counsel, LDCH and

17 the law firms that assisted LDCH have expended approximately 3,500 hours vigorously 18 investigating, litigating and mediating this case in this Court and in Luminent's Bankruptcy 19 proceedings without any payment or guaranty thereof. Given the substantial $8.0 million 20 recovery achieved for Class members in the face of formidable litigation risks, and the substantial

21 expenditures of time and expenses made by counsel on a wholly contingent basis, we believe that 22 Lead Counsel's request for approximately 25% of the Settlement Fund and reimbursement of 23 $105,302.15 in expenses is fair and reasonable. 24 12. The requested fees are consistent with the 25% benchmark established in the Ninth

25 Circuit and applied by this Court. See Rosenburg v. International Business Machines 26 Corporation, C06-00430-PJH, Slip op. at 1 (N.D. Cal. Jul. 12, 2007) (attached hereto as Exhibit 27 2) ("This Court approves an attorneys' fee award ... to Class Counsel based on this Circuit's 25 28 percent benchmark") (citing Vizcaino v. Microsoft Corp., 290 F.2d 1043, 1047 (9 `h Cir. 2002);

DECLARATION OF DAVID C. HARRISON {2031 / DECL 100094899.DOC v4} 3 (07-4073 PJH) Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 5 of 17

1 Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370 (9th Cir. 1993); Six Mexican Workers v. Az. 2 Citrus Growers, 904 F.2d 1301 (9th Cir. 1990); and Paul, Johnson, Alston & Hunt v. Graulty, 3 886 F.2d 268 (9th Cir. 1989).

4 13. Lead Plaintiff Allen Dayton, who was actively consulted regarding all aspects of 5 the litigation, has also approved Lead Counsel's fee request, in light of Lead Counsel's "excellent

6 representation and the monetary benefits achieved for Class members in the face of very real risks 7 of no recovery." See Dayton Decl. 112, 12, attached as Exhibit 6 to my Declaration in Support of 8 Preliminary Approval of the Settlement ("Harrison Prelim. App. Decl.") (Dkt. No. 157). 9 B. Summary of the Litigation

10 14. Luminent was a publicly traded real estate investment trust that invested in 11 mortgage-backed securities ("MBS") and mortgage loans. Beginning on August 8, 2007, six 12 class actions, alleging violations of federal securities laws against Luminent and its senior 13 officers, were commenced in the United States District Court for the Northern District of 14 California, San Francisco Division. The gravamen of the claims is that Luminent made false and

15 misleading statements touting the Company's strong financial condition and its ability to 16 withstand the downturn in the mortgage industry resulting from the collapse of the subprime 17 mortgage market, which artificially inflated the market prices of its securities.

18 15. On November 21, 2007, the Court appointed Allen Dayton, The Southern 19 Improvement Company, and VSA, Inc. as the Lead Plaintiff, and approved Lead Plaintiff s

20 selection of LDCH as Lead Counsel. On February 15, 2008, following Lead Counsel's intensive 21 investigation and consultation with experts, Lead Plaintiff filed the Consolidated Class Action 22 Complaint against Luminent and the Individual Defendants on behalf of the putative class of

23 purchasers of Luminent stock and sellers of put options during the six-week period of June 25, 24 2007 through August 6, 2007.

25 16. The Complaint alleged that by late June 2007, Luminent was experiencing adverse 26 financial developments that made defendants' representations concerning the strength of 27 Luminent's MBS portfolio, the Company's "ample liquidity," and its ability to pay its recently 28 declared June quarter dividend, false and misleading. The Complaint asserted claims for primary

{2031 / DECL/ 00094899.DOC A) 4 DECLARATION OF DAVID C. HARRISON (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 6 of 17

1 liability under Section 10(b) of the Securities Exchange Act of 1934 against Luminent and its

2 senior executives and control person liability under Section 20(a) against the individual 3 defendants.

4 17. On March 31, 2008, defendants moved to dismiss the Complaint. Defendants 5 argued that the Complaint failed to plead with particularity the existence of adverse facts known 6 to the defendants that made defendants' representations about the Company's financial condition 7 materially false and misleading, i.e., scienter. Defendants also argued that the Complaint failed to

8 plead loss causation, because the investors' losses resulted from the global credit crisis in early 9 August 2007 rather than from the alleged misstatements and omissions. In addition, defendants 10 asserted that the challenged representations were "forward-looking" statements that were

11 protected under the safe-harbor provisions of the Private Securities Litigation Reform Act 12 ("PSLRA" ).

13 18. On June 5, 2 00 8, Lead Plaintiff filed its opposition to defendants' motion. 14 Defendants did not file their Reply as a result of the agreement of Lead Plaintiff and defendants to 15 attempt to resolve the Action through mediation.

16 19. Lead Plaintiff's Settlement Application and the Harrison Prelim. App. Decl. 17 describe the extensive arm's-length negotiations among Lead Counsel, in consultation with Lead 18 Plaintiff, and defendants and their insurance carriers which occurred over several months, 19 culminating in a mediation on July 11, 2008 in New York City under the aegis of David

20 Geronemus of JAMS, the Resolution Experts. Lead Counsel's efforts required a thorough 21 investigation of the claims asserted in the Action. Lead Counsel, working in conjunction with 22 their financial, industry and accounting experts, developed a cogent theory of liability that they 23 presented at the mediation and supported with written reports that enabled counsel to further

24 particularize and expand their claims. See Harrison Prelim. App. Decl. % 21-22, 34. The quality 25 of these presentations gave credence to Lead Counsel's arguments that Lead Plaintiff had pled, or 26 could plead in an amended complaint, sufficient facts to survive a motion to dismiss.

27 20. Various issues litigated in the case involved relatively uncharted territory. Chief 28 among them was application of the element of loss causation as interpreted by Dura Pharm. v.

DECLARATION OF DAVID C. HARRISON (2031 1 DECL / 00094899,DOC v4) 5 (07-4073 PJH) Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 7 of 17

1 Broudo, 544 U.S. 336 (2005). As discussed in the Harrison Prelim. App. Decl. (138), defendants 2 argued that the decline in Luminent's stock price was due to the seizing up of the credit markets 3 in early August 2007, which had driven similar mortgage companies into bankruptcy. Lead 4 Plaintiff, in consultation with FMA, sought to counter this contention with evidence that dramatic

5 price declines in Luminent stock could not be explained by market forces that affected the REIT 6 industry generally. We claimed that the disparity in percentage price declines between Luminent 7 and the REIT Index, as shown by a report prepared by FMA, supported the inference that 8 Luminent's price decline was due to company-specific issues, namely, that Luminent's 9 representations that it had ample liquidity and that its dividend was safe, had been exposed as 10 false and misleading.

11 21. It is submitted that Lead Counsel's ability to convince defendants of the likelihood 12 that Lead Plaintiff s claims would be sustained was a primary factor in the negotiations. 13 22. After protracted negotiations that lasted into the evening, the parties reached an

14 agreement in principle to settle the class action for $8,000,000, plus $100,000 for notice and 15 administration costs, on behalf of a class of purchasers of Luminent stock and call options, and .

16 sellers of put options, from February 9, 2007 through August 6, 2007 (the "Class"). See Harrison 17 Prelim. App. Decl. It 28-43. Subsequent negotiations ensued over the next several weeks 18 regarding formal stipulation of settlement, which the parties executed on September 10, 2008.

19 23. Meanwhile, on September 5, 2008, Luminent filed for Chapter 11 protection. In re 20 Luminent Mortgage Capital, No. 08-21389 (Bankr. D. Md.). As contemplated by the terms of the 21 Stipulation, Luminent filed a motion for an order to lift the automatic stay under the United States 22 Bankruptcy Code and authorize Luminent's insurer to fund the Settlement, and for the parties to

23 effectuate the Settlement in this Court. Lead Counsel submitted evidence, briefed and argued the 24 motion, and examined the testifying witness at an evidentiary hearing on November 19, 2008. On 25 December 2, 2008, Chief Judge Duncan Keir lifted the automatic stay, overruling the objections 26 of the creditors' committee, enabling the parties to proceed with motions to effectuate the 27 Settlement before this Court. See Order dated December 4, 2008, attached as Ex. 4 to Harrison 28 Prelim. App. Decl.

DECLARATION OF DAVID C. HARRISON {2031 / DECL / 00044899.DOC v4} 6 (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 8 of 17

1 C. The Settlement Fund

2 24. The Settlement consists of $8,000,000 in cash, plus $100,000 for the costs of 3 notice and claims administration, which was funded by Luminent's insurer, American 4 International Group. Under the terms of the Stipulation, the Settlement Fund was initially 5 invested in United States Treasury Bills which yielded a nominal interest rate of 0.4%. As a 6 result of Lead Counsel's consultation with the Escrow Agent, Amalgamated Bank, Lead Counsel

7 was able to secure an alternative risk-free investment with a higher yield. Accordingly, on March 8 19, 2009, the parties amended the Settlement Agreement to authorize the investment in FDIC- 9 insured certificates of deposit pursuant to the "CDARS" program provided by Amalgamated 10 Bank. On March 23, 2009, the Court approved the amendment. Dkt. No. 172. On April 2, 2009, 11 the Settlement Fund was reinvested in the CDARS program at a blended interest rate of 1.86%.

12 The CDARS investment will increase the return to the Class by an average of $9,466 per month. 13 D. The Notice Program

14 25. The Court's Standing Order instructs that "[a]t the final approval stage, the Court's 15 primary concern is the response of the Class to the proposed settlement." On January 20, 2009,

16 the Court entered the Notice Order, which preliminarily certified the Class and authorized the 17 Claims Administrator to disseminate notice by mail and publication. In compliance with the 18 Court's directives in the Standing Order and the Notice Order, the Craig Aff. details the Claims 19 Administrator's notice program and the favorable response of Class members. Pursuant to the

20 Notice Order, beginning on February 9, 2009, notice was disseminated by first-class mail to over 21 21,000 putative Class Members, their broker-dealers, and/or nominees. The program included 22 follow-up mailings to several thousand newly identified Class members. Craig Aff. % 3-6, 8 and

23 Exhibit C. In addition, the Summary Notice was published in The Wall Street Journal on 24 February 17, 2009. Craig Aff. ¶ 7.

25 26. Both the Class Notice and the Summary Notice advised Class members that the 26 deadline for requesting to be excluded from the Class and for filing and serving objections to any 27 aspect of the Settlement was April 9, 2009. CSS did not receive any objections, and received

28 only two requests for exclusion from the Settlement. _Id. % 15-16 and Ex. D thereto. Moreover,

DECLARATION OF DAVID C. HARRISON {2031 / DHCL / 00094899.DOC v4} 7 (074073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 9 of 17

1 as of April 14, 2009, eight weeks before the June 9, 2009 deadline, CCS has received 1,927 Proof 2 of Claim and Release forms, which is a strong indication of the Class' eagerness to participate in 3 the benefits of the Settlement. Since there is typically a surge in the number of proofs of claim 4 submitted just prior to the deadline, it is likely the actual number of proofs of claim filed by June

5 9, 2009 will increase exponentially. Id. 114. 6 E. The Plan of Allocation

7 27. The Settlement proceeds, after payment of taxes, costs (including costs of 8 providing notice and claims administration), expenses and attorneys' fees, will be distributed to 9 Settlement Class members who timely complete proofs of claim pursuant to a Plan of Allocation

10 which was created based on our consultations with FMA. As discussed in the Application, and in

11 the Harrison Prelim. App. Decl. at T¶ 45-46, the Plan of Allocation provides that the net proceeds 12 will be distributed pro rata to members of the Settlement Class, based on formulae which take 13 into account their investment losses and the varying strengths and weaknesses of claims based

14 upon purchases of Luminent at different times during the Class Period. See also Marek Decl.,

15 IT 8-11, Ex. 2 to Harrison Prelim. App. Decl. No objections to the Plan of Allocation were filed. 16 F. The Relevant Ninth Circuit Factors Favor Settlement 17 28. As more fully described in the accompanying Settlement Application and in my

18 declaration in support of preliminary approval, the factors considered by the courts in the Ninth 19 Circuit in determining whether a Settlement is fair weigh heavily in favor of Court approval of

20 the Settlement. See, e.g., Officers for Justice v. Civil Serv. Comm'n, 688 F.2d 615, 625 (9'h Cir. 21 1982); Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1375 (9t1i Cir. 1993). 22 29. Here, before reaching the Settlement, we fully investigated and evaluated the 23 claims in consultation with industry and financial experts. As a result, Lead Counsel had a 24 comprehensive understanding of the strengths and weaknesses of the case and had sufficient 25 information to make an informed decision regarding the fairness of the Settlement before entering 26 into it and presenting it to the Court.

27 30. The proposed Settlement is also the product of arm's-length negotiations over a 28 several-month period between Lead Plaintiff, through its counsel, and counsel for defendants and

DECLARATION OF DAVID C. HARRISON {2031 1 DELL / 00094899.DOC v4} 8 (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 10 of 17

1 their respective insurers. Lead Counsel consulted with Lead Plaintiff Allen Dayton prior to and 2 during the July 11 mediation with respect to all major litigation decisions, including the

3 negotiations conducted by my firm that led to the Settlement. See Dayton Decl., ¶ 2. 4 31. Lead Counsel has a great deal of experience in the prosecution and resolution of 5 complex class actions. LDCH has served as appropriate lead counsel in numerous class actions in

6 this District and other jurisdictions, including appointments in In re Juniper Networks, Inc. 7 Securities Litigation, No. C06-04327, 2006 WL 3365547 (N.D. Cal. Nov. 20, 2006) (representing

8 the New York City Pension Funds), and In re Bayer AG Securities Litigation, 03 Civ. 1546 9 (WHP) (S.D.N.Y.) (representing the New York State Common Retirement Fund and New York 10 State Local Retirement Systems). As such, the recommendation of experienced and well-

11 informed counsel should be given great weight by the Court. McPhail v. First Command 12 Financial Planning, Inc., No. 05-171-IEG, 2009 WL 839841, at *3 (S.D. Cal. Mar. 30, 2009). 13 32. The certainty of an immediate substantial recovery outweighs the substantial risks 14 in obtaining a greater recovery if the litigation continues. The risk that further litigation might 15 result in Lead Plaintiff recovering nothing, particularly in a case involving complicated legal 16 issues, is a significant factor in the award of fees. There was substantial uncertainty from the

17 outset whether any recovery from defendants would be obtained for the Settlement Class. For 18 example, defendants argued in their motion to dismiss and at the mediation that Lead Plaintiff had 19 not alleged loss causation because the Complaint on its face alleged that Luminent stock 20 collapsed due to the unprecedented shutdown of the global credit market, and not because of

21 defendants' misstatements. Compare Metzler Inv. GmbHv. Corinthian Colleges, Inc., 540 F.3d

22 1049, 1072 (9th Cir. 2008) (dismissing complaint on loss causation grounds), with In re 23 Countrywide Fin. Corp. Deriv. Litig., 554 F. Supp. 2d 1044, 1065 (C.D. Cal. 2008) (rejecting 24 argument that "Countrywide's misfortunes resulted ... from an unprecedented seizing up of the 25 capital markets" rather than disclosure of the fraud) (citation and internal quotations omitted). 26 33. While Lead Counsel raised countervailing arguments to refute defendants' 27 position, they were well aware of numerous dismissals of securities cases under the PSLRA

28 which have been affirmed on appeal in the Ninth Circuit. See, e.g., Metzler Investment GmbH v.

(2031 I DELL 1 00094899.DOC v4) 9 DECLARATION OF DAVID C. HARRISON. (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 11 of 17

1 Corinthian Colleges, Inc., 540 F.3d at 1072, and Glazer Capital Management, L.P. v. Magistri, 2 549 F.3d 736 (9th Cir. 2008). Indeed, this Court has found several securities class actions to be 3 deficient under the stringent PSLRA standards. E.g., In re Pacific Gateway Exchange, Inc., Sec,

4 Litig., 169 F. Supp. 2d 1160 (N.D. Cal. 2001) (initial complaint); id., 2002 WL 851066 (N.D. Cal. 5 Apr. 30, 2002) (amended complaint); In re Silicon Storage Technology, Inc., 2006 WL 648683 6 (N.D. Cal. Mar. 10, 2006) (initial complaint); id., 2007 WL 760535 (N.D. Cal. Mar. 9, 2007) 7 (amended complaint); In re Harmonic, Inc. Sec. Litig., 2006 WL 3591148 (N.D. Cal. Dec. 11, 8 2006); Rubke v. Capitol Bancorp Ltd., No. CO5-4800 PJH, 2006 WL 1699569 (N.D. Cal. Jun. 16, 9 2006).

10 34. Even if the Complaint withstood defendants' motion to dismiss, there is little 11 doubt that defendants would have mounted strong attacks on Lead Plaintiff's ability to prove

12 scienter during the ongoing litigation and on summary judgment. See Churchill Village L.L. C. v. 13 GE, 361 F.3d 566, 576 (9th Cir. 2004) (district court properly weighed risk when it concluded 14 defendant's belief that it had a strong case on the merits supported finding of risk). Defendants 15 would also have advanced their loss causation argument at the summary judgment stage, arguing

16 that Luminent was waylaid by the same credit crisis that brought down much larger financial 17 institutions such as The Bear Stearns Companies, Inc., Lehman Brothers Holdings, Inc., 18 Washington Mutual, Inc. and American International Group, Inc.

19 35. Moreover, there is no guarantee of a recovery at trial, or that Lead Plaintiff would 20 ultimately recover even if it won at trial, as evidenced by the recent judgment notwithstanding the

21 verdict issued in In re Apollo Group Inc. Sec. Litig., CVO4-2147, 2008 WL 3072731 (D. Ariz. 22 Aug. 4, 2008). In addition, success at trial would likely trigger a lengthy and costly appeal 23 process.

24 36. All of these risks were increased by Luminent's tenuous financial situation 25 throughout this Litigation, which ultimately resulted in the Company filing for Chapter 11 26 bankruptcy. If the Settlement is not approved, the insurance proceeds will be substantially 27 depleted by litigation costs in this case and other lawsuits that have implicated the D&O policy. 28 37. The immediate and certain financial recovery provided by the $8.0 million

DECLARATION OF DAVID C. HARRISON {2031 1 DECL / 0009489930C v4} 10 (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 12 of 17

1 Settlement falls well within the range of potential recovery that warrants approval. Based upon 2 the analysis of Lead Plaintiffs financial expert, Lead Plaintiff's best-case damages estimate, 3 using constant price inflation, is $46.2 million. See Marck Decl. ¶ 13. The $8,000,000 4 Settlement would amount to 17% of the best-case potential recovery. The percentage of recovery 5 is far in excess of the average shareholder class action settlements of 2 to 3 percent recovered

6 between 2002 and 2007. See In re Heritage Bond Litig., 02ML1475, 2005 WL 1594389, at *8-9 7 (C.D. Cal. June 10, 2005). It also compares favorably with recent shareholder settlements of a

8 7% recovery in McPhail v. First Command Financial Planning, Inc., 2009 WL 839841, at *5; a 9 9% recovery in In re Omnivision Technologies, Inc., 559 F. Supp. 2d 1036, 1043 (N.D. Cal. 10 2008), and a 12% recovery in In re Immune Response Sec. Litig., 497 F. Supp. 2d 1166, 1175 11 (S.D. Cal. 2007). 12 38. Finally, after mailing notice to more than 21,000 putative Class members or their 13 broker-dealers or nominees, not a single objection to the Settlement, Notice, or Plan of Allocation

14 was filed, and the deadlines for submitting objections expired on April 9, 2009. Craig Aff. T 16. 15 The absence of objections, together with the substantial number of proofs of claim filed to date, 16 evidences Class members' support for the Settlement. 17 G. The Request for Attorneys' Fees and Expenses Is Reasonable

18 39. Lead Counsel respectfully requests an award o£25% of the Settlement Fund as 19 attorneys' fees and $105,302.15 for reimbursement of their expenses incurred in litigating the 20 Action, plus interest on both amounts at the same rate as interest is earned by the Class. But for 21 these efforts, no recovery would have been obtained for Lead Plaintiff and the Settlement Class.

22 40. Since its appointment as Lead Counsel, LDCH has necessarily expended 3,031 23 hours vigorously investigating and litigating this case in this Court and in the Bankruptcy Action 24 without any payment or guaranty thereof. This was not a case that was aided by governmental 25 investigation, or one where the defendants have admitted any culpability for their alleged 26 misconduct. Because of the PSLRA stay of discovery, all of the information pled was uncovered 27 and developed by careful and scrupulous investigation and research by Lead Counsel. Lead 28 Counsel was required to, and did, educate itself and comprehend the complexities of Luminent's

DECLARATION OF DAVID C. HARRISON {2031 / DECL / 00094999.DOC v4} 11 (074073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 13 of 17

1 business and the MBS industry. These efforts required substantial expenditures of time and 2 capital by my firm.

3 41. The factors considered by the Ninth Circuit and this Court in its Standing Order 4 favor approval of Lead Counsel's request for attorneys' fees of 25% of the Settlement Fund. First 5 and foremost, the $8.0 million benefit achieved, representing 17% of Lead Counsel's estimate of

6 recoverable damages, is an excellent result under the circumstances that warrants the requested 7 25% benchmark award. See Rosenburg, Slip op. at 1 (attached hereto as Exhibit 2) (approving 8 fee award "based on this Court's 25 percent benchmark"). This result is well above the usual 9 percentage recovery in class action settlements. Settlements in other recent cases support an

10 award of 25% or even higher. For example, the court in McPhail v. First Common Financial 11 Planning, 2009 WL 839841, at **5, 7-8, found a recovery of 7% of maximum damages supported 12 a fee of 30% of the first $10 million recovered, and 25% of the next $2 million. Similarly, the

13 court in In re Immune Response Sec. Litig., 497 F. Supp. 2d at 1175, found a recovery of 12% of 14 maximum damages to be an excellent recovery supporting a 25% fee award. 475 F. Supp. 2d at

15 1175. In In re Omnivision Sec. Litig., 559 F. Supp. 2d at 1046, the court found that a recovery of 16 9% of possible damages equaled three times the usual recovery in class securities settlements, and

17 supported a 28% fee award. The Omnivision Court also observed that "in most common fraud 18 cases, the award exceeds the [25%j benchmark." Id. at 1047 (citing In re Activision Sec. Litig., 19 723 F. Supp. 1373, 1377-78 (N.D. Cal. 1989), and other authorities).

20 42. There is no such thing as a risk-free PSLRA class action. Lead Counsel faced

21 substantial risks and uncertainties from the outset that made it far from certain that any recovery 22 from defendants for the Settlement Class would be obtained. For example, defendants asserted 23 several independent grounds in support of their motion to dismiss the Complaint, including

24 failure to adequately plead scienter or loss causation. These risks of nonpayment were further 25 heightened by Luminent's bankruptcy filing. LDCH's experienced bankruptcy attorneys (Anne 26 Penachio and Richard Cohen) played a substantial role in convincing the Bankruptcy Court to 27 grant Luminent's application to lift the automatic stay under the Bankruptcy Code so that 28 Luminent's insurer could fund the Settlement and the parties could seek preliminary and final

DECLARATION OF DAVID C. HARRISON (2031 / DECL/ 00094894.DOC v4) 12 (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 14 of 17

1 approval in this Court.

2 43. The successful prosecution of the complex claims in this case also required the 3 participation of highly skilled and specialized attorneys. As discussed herein, Lead Counsel, and

4 Liaison Counsel Berman DeValerio ("Berman"), are among the most experienced and skilled 5 practitioners in the securities litigation field. See Firm resumes attached as Exhibits 7 and 8 to 6 Harrison Prelim. App. Decl. Lead Counsel, working in conjunction with their financial, industry 7 and accountant experts, developed a cogent theory of liability that they presented at the mediation

8 and supported with written reports that enabled counsel to further particularize and expand their 9 claims. See Harrison Prelim. App. Decl. IT 33-35. It is submitted that Lead Counsel's ability to 10 convince defendants of the likelihood that Lead Plaintiff's claims would be sustained was a 11 primary factor in the negotiations that led to an excellent recovery for the Class.

12 44. The contingent nature of our fee award also supports a 25% fee. See Vizcaino v. 13 Microsoft Corp., 290 F.3d 1043, 1050 (9"' Cir. 2002). Lead Counsel and other law firms who 14 assisted in the prosecution of the Action for Lead Plaintiff have risked non-payment for more than 15 3,500 hours, and more than $100,000 in out-of-pocket expenses, knowing that if their efforts were 16 not successful, no fee would be paid.

17 45. Cases such as this are taken on at high risk. There are numerous cases where 18 plaintiffs' counsel in contingent-fee class action cases such as this, after expenditures of 19 thousands of hours, have received no compensation whatsoever. In the Harrison Prelim. App.

20 Decl., I cited an example in LDCH's own experience, Backman v. Polaroid Corp., 910 F.2d 10 21 (1st Cir. 1990), where after 11 years of litigation and a jury verdict in the plaintiffs' favor, the

22 case was dismissed in an en Banc decision. More recently, the Court in In re Apollo Group, Inc. 23 Sec. Litig., No. 04-2797-PHX, 2008 WL 3072731 (D. Ariz. Aug. 8, 2008), issued a judgment 24 notwithstanding the verdict, voiding a $278 million jury award. 25 46. Finally, the fact that not a single Class member has objected to the amount of 26 attorneys' fees requested or reimbursement of expenses is a strong indicator that the percentage 27 requested by Lead Counsel is fair and reasonable under all the circumstances. 28

DECLARATION OF DAVID C. HARRISON {2031 / DECL / 00094899.DOC v4} 13 (074073 PJH) Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 15 of 17

1 H. A Lodestar Cross-Check Confirms the Reasonableness of the Fee Request 2 47. Courts have often examined an attorney's lodestar as a cross-check on the

3 reasonableness of the requested fee award under the percentage-of-the-fund method. Vizcaino, 4 290 F.3d at 1050.

5 48. This declaration, along with the declarations of Joseph J. Tabacco, Jr. (attached as 6 Exhibit 3), Sherrie Savett of Berger Montague ("B&M") and Jack Sando,' attests to the 7 substantial efforts expended by Lead Counsel and the attorneys from other law firms that worked

8 under Lead Counsel's direction. In total, these law firms expended 3,558.83 hours, representing a 9 total lodestar of $1,994,966.00. Awarding Lead Counsel a 25% fee will effectively pay them 10 their lodestar, which is fully justified in this case.2

11 49. Since preliminary approval of this Action, the attorneys and paralegals at LDCH 12 who were involved in this litigation spent an additional 347.75 hours working on this case, 13 bringing the firm's total time charges, or "lodestar," to $1,798,108.00. The following chart 14 represents all LDCH attorney and paralegal time charges based on current billing rates:

15 16 Hourly Attornev/Paralegal Status Hours Lodestar Rate 17 David Harrison Partner 1,366.08 $ 922,104.00 $675 Barbara Hart Partner 424.60 $ 286,605.00 $675 18 Richard Cohen Partner 208.65 $ 140,838.75 $675 19 Jeanne D'Esposito Partner 312.20 $ 171,710.00 $550 Vincent Briganti Partner 40.65 $ 20,325.00 $500 20 Richard Bemporad Partner 63.55 $ 46,073.75 $725 Anne Penachio Of Counsel 46.90 $ 21,105.00 $450 21 Todd Garber Senior Associate 266.80 $ 105,386.00 $395 Rachel Turner Associate 33.25 $ 11,138.75 $335 22 Frank Malara Associate 41.00 $ 11,275.00 $275 Karen Grennan Associate 159.20 $ 46,168.00 $290 23 Katherine Vogel Paralegal 68.35 $ 15,378.75 $225 24 TOTALS 3,031.23 $1,798,108.00

25 50. The foregoing summary was derived from my firm's computer-generated time 26 i The declarations of Sherrie Savett and Jack C. Sando are attached as Exhibits 1 and 10 to the 27 Harrison Prelim. App. Decl. 2 The lodestar figures do not account for the time charges Lead Counsel will incur in preparing 28 and attending the final approval hearing on April 29, 2009.

DECLARATION OF DAVID C. HARRISON {2031 / DEC./00094899.DOC 0} 14 (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 16 of 17

1 records, which I have reviewed. Copies of our detailed time records are available for the Court's 2 in camera review, should it so desire.

3 51. Three law firms provided assistance to Lead Counsel in litigating the claims. 4 Berman served as our local counsel. I have reviewed the declarations of Berman, B&M and 5 Sando, which include the time charges of each attorney and paralegal who worked on this action, 6 and the expenses incurred by each on behalf of the Lead Plaintiff. In total, Lead Counsel and the 7 law firms assisting Lead Counsel devoted 3,558.83 hours to the prosecution of this case, for a 8 total lodestar of $1,994,966.00. The totals for each firm are broken down as follows:

9 Firms Hours Lodestar 10 Lowey Dannenberg 3,031.23 $1,798,108.00 Berman DeValerio 415.90 153,346.00 11 Berger Montague 94.20 37,387.00 Jack C. Sando 17.50 6,125.00 12 TOTALS $3558.83 $1,994,966.00 13 L Expenses

14 52. Lead Counsel and Liaison Counsel Berman have incurred expenses in an

15 aggregate amount of $105,302.15 in prosecuting the Action. The requested reimbursement of 16 expenses is less than the $120,000 set forth in the Notice. The bulk of these expenses were 17 itemized, along with supporting documentation, in the Harrison Prelim. App. Decl. They include 18 the cost of photocopying documents, filing fees, on-line research, messenger services, postage 19 and mailing, long-distance telephone and facsimile expenses, transportation, meals, travel,

20 mediation, experts' fees and other expenses directly related to the prosecution of this Action.

21 These types of expenditure are customarily reimbursed by courts, as discussed in detail at ¶T 76- 22 87 in the Harrison Prelim. App. Decl. 23 53. Since its submission in connection with preliminary approval of the Settlement, 24 LDCH has advanced an additional $6,591.97 in unreimbursed litigation expenses in connection

25 with the prosecution of this action. This increases its total expenses to $96,843.76. A breakdown 26 of LDCH's total advances and expense items, as reflected in our firms' respective books and 27 records, is as follows:

28

DECLARATION OF DAVID C. HARRISON {2031 / DECL/ 00094899.DOC v4} 15 (07-4073 PJH)

Case 3:07-cv-04073-PJH Document 173 Filed 04/15/2009 Page 17 of 17

1 2 Filing Fees $ 780.00 Experts/Consultants 61,857.02 3 Mediation 8,342.86 Federal Express and UPS 292.57 4 Computer Research 17,820.99 Photocopies — in-house 2,072.20 5 Photocopies — outside 12.25 Postage 28.87 6 Telephone/Fax 151.82 Travel: Airfare, meals, lodging, etc. 5,485.18 7 $ 96,843.76 8 54. Documentation supporting each category of the additional $6,591.97 in

9 unreimbursed litigation expenses is attached as Exhibits 4-8. These expenses relate to travel, 10 Federal Express/UPS, computer research, photocopies, etc., all of which were discussed in the

11 Harrison Prelim. App. Decl.

12 55. In addition, Berman has advanced $8,458.39 in expenses. See Tabacco Decl., 13 which is attached as Exhibit 3. 14 56. In sum, total unreimbursed expenses incurred by Lead Counsel and Liaison 15 Counsel amount to $105,302.15. 16 J. Conclusion

17 57. For the reasons ,set forth above, in the accompanying Memoranda of Points and 18 Authorities, and in the supporting declarations, I respectfully submit that the proposed Settlement,

19 Plan of Allocation, Award of Attorneys' Fees in the sum of 25% of the Settlement Fund and 20 reimbursement of $105,302.15 in expenses are fair, reasonable, and adequate, and should be 21 approved by this Court.

22 1 declare under penalty of perjury pursuant to the laws of the United States that the 23 foregoing is true and correct. 24 Executed at White Plains, New York, on April 15, r 1 . 25 ^^ f `^^r

26 DAVID C. H ON 27

28

DECLARATION OF DAVID C. HARRISON (2031 / DECL / 00094899.DOC v4) 16 (074073 PJH) Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 1 of 45

EXHIBIT I

12031 I MISC 1 00095078.DOC A) Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 2 of 45

1 Joseph J. Tabacco, Jr. (SBN 75484) Email: [email protected] 2 Nicole Lavallee (SBN 165755) Email: navallee@be><'naanesq.com 3 BERMAN DeVALERIO 425 California Street, Suite 2100 4 San Francisco, CA 94104 Telephone: (415) 433-3200 5 Facsimile: (415) 433-6382 6 Local Counsel 7 Richard W. Cohen (Admitted pro hac vice) E-mail: [email protected] 8 Barbara J. Hart (Admitted pro hac vice) E-mail- [email protected] 9 David C. Harrison (Admitted pro hac vice) E-mail: dharrison @lowey.com 10 LOWEY DANNENBERG COHEN & HART, P.C. One North Broadway, Suite 509 11 White Plains, NY 10601-2310 Telephone: (914) 997-0500 12 Facsimile: (914) 997-0035

13 Attorneys for Lead Plaintiff 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17

18 IN RE LUMINENT MORTGAGE CAPITAL, C-07-04073-PJH 19 INC. SECURITIES LITIGATION CLASS ACTION 20 This Document Relates To: AFFIDAVIT OF PETER M. CRAIG 21 IN CONNECTION WITH NOTICE BY ALL ACTIONS MAILING AND PUBLICATION 22 Date: April 29, 2009 23 Time: 9:00 a.m. Floor 24 Place: Courtroom 5, 17th Judge: Hon. Phyllis J. Hamilton 25 26 27 28

[C-07-04073-PJH] AFFIDAVIT OF PETER M. CRAIG RE NOTICE BY MAILING AND PUBLICATION (2031 1 AFF 100095048.DOC v2) Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 3 of 45

1 STATE OF FLORIDA } ss: 2 COUNTY OF PALM BEACH ) 3 I, Peter M. Craig, declare: 4 1. I submit this affidavit in order to provide the Court and the parties to the above- 5 captioned litigation with information regarding the mailing of the Notice of Class Action 6 Certification, Proposed Settlement, Motion for Attorneys' Fees and Expenses and Hearing 7 Thereon ("Notice") and Proof of Claim and Release (collectively, the "Notice Packet") and the 8 publication of the Summary Notice. I am over 21 years of age and am not a parry to this action. 9 I have personal knowledge of the facts set forth herein and, if called as a witness, could and 10 would testify competently thereto. 11 2. I am a Senior Project Administrator for Rust Consulting, Inc., the successor 12 corporation to Complete Claim Solutions, LLC ("CCS"). CCS was retained as Claims 13 Administrator by counsel for Lead Plaintiff. CCS's services include mailing individual and

14 bulk-mail notice to class members; publishing notice in The Wall Street Journal; establishing an 15 interactive website to provide information and Court-approved documents to class members 16 concerning the proposed settlement; administering the proof of claims process; responding to 17 calls and requests for Notice Packets; and making recommendations to Lead Counsel regarding 18 the distribution of the Settlement Fund to class members who file valid proof of claim forms. 19 3. As a result of CCS's efforts outlined below, CCS has mailed a total of 21,261 20 Notice Packets to putative Class members, or their broker-dealers and nominees. 21 4. Pursuant to this Court's January 20, 2009 Order Preliminarily Approving 22 Settlement and Providing for Notice (the "Notice Order"), on or about February 4, 2009, CCS 23 received from Luminent's Transfer Agent, BNY Mellon, a list containing 452 names and 24 addresses of potential Class members. Additionally, CCS received from Lead Counsel a list 25 containing four (4) names and addresses for potential Class members. CCS entered the data into 26 a segregated database (the "CCS Mailing Database") to be used for mailing the Notice Packet to 27 potential Class Members. The data was electronically scrubbed to ensure adequate address 28 formatting and the elimination of duplicate names and addresses. There were no duplicate

C-07-04073-PJH AFFIDAVIT OF PETER M. CRAIG RE NOTICE BY MAILING AND PUBLICATION 2031 I AFF 1 0009504 .DOC v2) _ 1 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 4 of 45

1 records which resulted in 456 records for mailing. 2 5. CCS also maintains a database of 2,102 brokerage firms, banks and other 3 financial institutions as published by Securities Dealers of North America, and Depository Trust 4 Company ("DTC") participant members to be used in notifying record holders of class actions. 5 6. Pursuant to ¶ 6(b) of the Notice Order, CCS caused the Notice Packet to be 6 printed and sent to the 456 potential Class Members referred to in 14, above, and the 2,102 7 brokers and other nominees, as referred to in ¶ 5, above. In the aggregate, CCS mailed 2,558 8 Notice Packets on February 9, 2009. A copy of the printed Notice Packet is attached hereto as 9 Exhibit A. 10 7. Pursuant to' 6(c) of the Notice Order, CCS caused the Summary Notice to be ll published in The Wall Street Journal on February 17, 2009. A copy of the Summary Notice is 12 attached hereto as Exhibit B. 13 8. CCS acted as a repository for other inquiries and communications received in this 14 Action. In this regard, CCS received requests from brokers and nominees (institutions filing on 15 behalf of their customers) to either send the Notice Packet to them for distribution to those of 16 their customers with relevant holdings, or to send the Notice Packet to such customers whose 17 identifying information they sent to CCS. Through April 14, 2009, CCS has received requests 18 from 52 brokers and other nominees, and an additional 18,614 Notice Packets were forwarded to 19 potential Class members, directly or indirectly. An additional three (3) institutions informed 20 CCS that they have no holders of record. A schedule of brokers and other nominees, who have 21 responded with bulk requests, labels, or lists, is attached hereto as Exhibit C. As of April 14, 22 2009, CCS has also received 15 additional requests for information from potential Class 23 members, to whom CCS has promptly mailed the Notice Packet. 24 9. CCS also set up a toll-free number for all verbal communications necessary to the 25 administration of the Settlement. The Notice Packet and Summary Notice designate the toll-free 26 number. As of April 14, 2009, CCS has received 138 telephone calls. 27 10. CCS leases and maintains a Post Office Box for the receipt of all written 28 communications necessary to the administration of the Settlement, including the submission of

C-07-04073-PJH AFFIDAVIT OF PETER M. CRAIG RE NOTICE BY MAILING AND PUBLICATION {2031 I AFF / 00095048.DOC v2} -2- Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 5 of 45

1 proofs of claim. The Notice Packet and Summary Notice designate this Post Office Box as the 2 return address for the selected purposes. 3 11. As of April 14, 2009, the United States Postal Service ("USPS") returned 161 4 Notice Packets as undeliverable without forwarding addresses. Of these, CCS was able to locate 5 27 new addresses through "Accurint," an information supplier to which CCS subscribes, and 6 CCS promptly mailed the Notice Packets to the potential Class Members at these updated 7 addresses. Additionally, as of April 14, 2009 the USPS returned 47 Notice Packets with 8 forwarding addresses, and CCS promptly re-mailed the Notice Packets to these potential Class 9 Members. 10 12. By allowing 60 days after the initial mailing of the Notice for Class members to 11 decide how to respond, the notice program has complied with the Court's directive that sufficient 12 time be given for a Class member to receive notice through a second round of mailing and to 13 timely respond to the Notice in the event he or she elects to opt out or object to the Settlement.

14 13. CCS also established a website (www.LuminentSecurities Settlement, com) which 15 contains the Notice and Proof of Claim. Potential Class members may view and/or download 16 these documents. The toll-free number is also listed on this website. The Notice Packet and 17 Summary Notice designate this website address. 18 14. All Proof of Claim and Release forms must be returned to the Claims 19 Administrator postmarked not later than June 9, 2009. As of April 14, 2009, CCS received 1,927 20 Proof of Claim and Release forms. In my experience, there is typically a surge in the filing of 21 proofs of claim just before the filing deadline. Here, the fact that CCS has already received 22 1,927 proofs of claim demonstrates successful implementation of the notice program designed by 23 CCS, in consultation with Lead Counsel, to reach the largest number of class members possible 24 through mailing, publication, internet and telephonic means. It is likely that the number of 25 claims received to date will represent only a fraction of the number of proofs of claim filed by 26 the June 9, 2009 deadline. 27 15. Pursuant to 114 of the Notice Order, exclusions were to be received no later than 28 April 9, 2009. As of April 14, 2009, CCS received two exclusions, which are attached hereto as

[C-07-04073-PJH] AFFIDAVIT OF PETER M. CRAIG RE NOTICE BY MAILING AND PUBLICATION 442031 / AFF 100095048.DOC v2J -3- Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 6 of 45

1 Exhibit D.

2 16. Pursuant to T 15 of the Notice Order, objections were to be fled with the Court 3 and served upon counsel on or before April 9, 2009. As of April 14, 2009, CCS did not receive 4 any objections. 5 I declare under penalty of perjury that the foregoing is true and correct to the best of my 6 knowledge. 7

8 9 PETER M. C

10 Sworn to before me on 11 this 15th day of April, 2009.

12

13 Notary Public 14

15 ERlC P. LACFUINCE ± MY COMMISSION / OD 49DM 16 ` - `J EXPIRES: NWWber25, 20D9 ' ^^. " Baled Ttxu Ndery Pi6YC Urdenniress 17

18

19

20

21

22

23

24

25

26

27

28

C-07-04073-PJHI AFFIDAVIT OF PETER M. CRAIG RE NOTICE BY MAILING AND PUBLICATION 20311 AFF / 0009504 .DOC v2} -4- Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 7 of 45

EXHIBIT A Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 8 of 45

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN RE LUMINENT MORTGAGE CAPITAL, INC. C 07-04073 PJH SECURITIES LITIGATION

NOTICE OF CLASS ACTION CERTIFICATION, PROPOSED SETTLEMENT, MOTION FOR ATTORNEYS' FEES AND EXPENSES AND HEARING THEREON IF YOU PURCHASED OR OTHERWISE ACQUIRED PUBLICLY TRADED LUMINENT MORTGAGE CAPITAL, INC. SECURITIES OR CALL OPTIONS ON PUBLICLY TRADED LUMINENT SECURITIES OR SOLD OR OTHERWISE DISPOSED OF PUT OPTIONS ON PUBLICLY TRADED LUMINENT SECURITIES DURING THE PERIOD FROM FEBRUARY 9, 2007 THROUGH AUGUST 6, 2007, INCLUSIVE, YOU COULD RECEIVE A PAYMENT FROM A CLASS ACTION SETTLEMENT. A Federal Court authorized this Notice. This is not a solicitation from a lawyer. This is not a notice that you have been sued.

• This settlement (the "Settlement') of a lawsuit will provide $8,000,000 in cash, plus interest (the "Settlement Fund"), to pay claims of investors who acquired the common stock of Luminent Mortgage Capital, Inc. ("Luminent") or engaged in certain transactions in put or call options on publicly traded Luminent securities, from February 9, 2007 through August 6, 2007 (the "Settlement Class Period"), and suffered losses. Depending on the number of eligible shares purchased by investors who elect to participate in the Settlement and when those shares were purchased and sold, the average distribution is estimated to be $0.245 per damaged share (and may be somewhat less, depending on the number of call options purchasers and put options sellers who file claims) before deduction of Court-approved fees and expenses described below. A further description of the Plan of Allocation is on pages 9 to 11 below. • The Settlement, subject to court approval, resolves a Class action lawsuit in federal court over whether Luminent and several of its senior executive officers made false and misleading statements about Luminent's financial condition, its liquidity, the safety of its dividend, and the quality of its portfolio. The Settlement avoids costs and risks to you and the Class from continuing the lawsuit, it pays money to investors like you, and it releases Luminent and several of its senior executive officers (identified at page 3) from liability. • If the Settlement is approved by the Court, the Court-appointed lawyers for investors, Lowey Dannenberg Cohen & Hart, P.C., will apply to the Court for an award of attorneys' fees not to exceed 25% of the Settlement Fund, which amounts to approximately $2.0 million, and for reimbursement of expenses not to exceed $120,000 incurred in investigating the facts, prosecuting the case, and negotiating the Settlement. These payments, if approved, will come out of the $8,000,000 Settlement Fund, and are estimated to be an average of $0.065 per damaged share. • Lead Plaintiff and Luminent do not agree on the average amount of damages per share that would be recoverable if the Lead Plaintiff were to have prevailed on each claim alleged. The issues on which the parties disagree include: (1) the amount by which Luminent securities were allegedly artificially inflated (if at all) during the Settlement Class Period; (2) the extent to which external factors, such as general market and industry conditions, including the seizing up of credit markets in earlyAugust 2007, influenced the trading price of Luminent securities at various times during the Settlement Class Period; (3) the extent to which the various matters that Lead Plaintiff alleged were materially false or misleading or omitted influenced (if at all) the trading price of Luminent securities at various times during the Settlement Class Period; and (4) whether the statements made or facts allegedly omitted were material, false, misleading or otherwise actionable under the securities laws. • If you are a Settlement Class Member (as the term is defined below), your legal rights are affected by the Settlement, regardless of whether you act or do not act. Read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

SUBMIT A CLAIM FORM — The only way to get a payment from the Settlement. Deadline: June 9, 2009. EXCLUDE YOURSELF — You get no payment from the Settlement. This is the only option that might allow you to bring an individual lawsuit against the Defendants asserting the legal claims being released in this case, if you have a valid and timely claim. Deadline: April 9, 2009. OBJECT — You may write to the Court if you do not like this Settlement, the Plan of Allocation, and/or the Request for Attorneys' Fees and Expenses. Deadline: April 9, 2009. GO TO A HEARING —You may ask to speak in Court about the fairness of the Settlement. Hearing Date: April 29, 2009.

1 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 9 of 45

DO NOTHING — You get no payment and give up your rights relating to the claims described in this Notice. • These rights and options — and the deadlines to exercise them — are explained in this Notice. • The Court in charge of this case must decide whether to approve the Settlement. If approved, payments will be made to claimants from the Settlement f=und on the Effective Date, i.e., after the Court approves the Settlement and enters judgment, and after all appeals and subsequent proceedings (if any) are resolved.

WHAT THIS NOTICE CONTAINS BASIC INFORMATION Pape I. Why did I get this Notice package? 3 2. What is this lawsuit about? 3 3. What is a class action? 3 4. Why is there a Settlement? 3 WHO IS INCLUDED IN THE SETTLEMENT? 5. How do I know if I am a Settlement Class Member? 4 6. Are there any exceptions to being included as a Settlement Class Member? 4 7. 1 am still not sure if I'm included. 5 THE SETTLEMENT BENEFITS 8. What does the Settlement provide? 5 9. How much will my payment be? 5 10. How can I get a payment? 5 11. When will I receive my payment? 5 12. What am I giving up to get a payment and stay in the Settlement Class? 5 13. How does Luminent's bankruptcy affect the Settlement? 6 EXCLUDING YOURSELF FROM THE SETTLEMENT 14. How do I exclude myself from the Settlement? 6 15. If I don't exclude myself, can I sue Defendants for the same things later? 7 16. If I exclude myself, can [ get money from this Settlement? 7 THE LAWYERS REPRESENTING YOU 17. Do l have a lawyer in this case? 7 18. How will the lawyers be paid? 7 THE COURT'S SETTLEMENT FAIRNESS HEARING 19. When and where will the Court decide whether to approve the Settlement? 7 20. Do I have to come to the Settlement Fairness Hearing? 7 OBJECTING TO THE SETTLEMENT 21. How do 1 tell the Court that I do not like the Settlement? 7 22. What's the difference between objecting and excluding? 8 IF YOU DO NOTHING 23. What happens if I do nothing at all? 8 OBTAINING MORE INFORMATION 24. Are there more details about the Settlement? 8 SPECIAL NOTICE TO NOMINEES 25. Special Notice to Banks, Trustees, Brokerage Firms or Other Nominees 8 UNDERSTANDING YOUR PAYMENT — THE PLAN OF ALLOCATION I. Luminent Common Stock Purchases 9 11. Luminent Call Option Purchases 10 111. Luminent Put Option Sales 10 IV. Other Instructions and Guidelines Applicable to All Recognized Claims and Classes of Luminent Stock and Options 10

2 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 10 of 45

BASIC INFORMATION

1. Why did l get this Notice package? You or someone in your family may have purchased Luminent common stock or call options on publicly traded Luminent securities or sold put options on publicly traded Luminent securities during the period from February 9, 2007 through August 6, 2007. The Court caused this Notice to be sent to you because you have a right to know about a proposed settlement of a class action lawsuit, a hearing to be held by the Court to consider the fairness, reasonableness and adequacy of the Settlement, and about all of your options, before the Court decides whether to approve the Settlement. If the Court approves it and after any objections or appeals are resolved, a claims administrator appointed by the Court will make the payments that the Settlement allows. This Notice explains this lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. It is not an expression of any opinion by the Court with respect to the truth of the allegations of the litigation or the merits of the claims or defenses asserted. The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as to re Luminent Securities Litigation, Master File No. C 07-04073 PJH (the "Action"). U.S. District ,fudge Phyllis J. Hamilton is the judge in charge of this class action. The people who are suing are called the "Lead Plaintiff." The company which was sued, Luminent, and the individuals who are being sued, Luminent former officers and directors Gail Seneca, S. Trezevant Moore, and Christopher J. Zyda (together, the "Individual Defendants"), are collectively referred to as the "Defendants."

2. What is this lawsuit about? Defendant Luminent is a publicly traded real estate investment trust which invested primarily in assets secured by residential real estate mortgages. On August 6, 2007, Luminent announced that contrary to certain prior assurances about the Company's ample liquidity and its intention to pay a dividend for the June 2007 quarter, it was suspending its dividend and was facing a liquidity crisis. Luminent's stock price immediately dropped 85% over the next two days, closing at $0.95 on August 8, 2007, the day the dividend was supposed to have been paid. Beginning on August 8, 2007, six actions were filed in the United States District Court for the Northern District of California, which were consolidated into a single action by the Court. On November 21, 2007, the Court appointed Allen Dayton, the Southern Improvement Company, and VSA, Inc. as the Lead Plaintiff, and approved Lead Plaintiffs choice of Lowey Dannenberg Cohen & Hart, PC. as Plaintiffs Lead Counsel in this class action. On February 15, 2008, Lead Plaintiff filed a Consolidated Class Action Complaint ("Complaint") on behalf of investors in Luminent common stock and put options from June 25, 2007 through August 6, 2007 against Luminent and the Individual Defendants. The Complaint alleges violations of Section 10(b) of the Securities Exchange Act and Securities Exchange Commission Rule 10b-5 against all Defendants, and violations of Section 20(a) of the Securities Exchange Act against the Individual Defendants. Please note that the Complaint asserts a shorter Class Period than the period in the Settlement Class Period, which is from February 9, 2007 through August 6, 2007. The longer Settlement Class Period was negotiated with the Defendants. The Complaint alleges that Defendants made misleading statements regarding Lumfnent's financial condition and performance, including specifically its liquidity, the quality of its mortgage-backed securities ("MBS") portfolio, and the safety of its dividend for the second quarter of 2007, payable August 8, 2007, which artificially inflated the market price of Luminent securities. The Complaint alleges Defendants failed to disclose adverse facts, and alleges that the Company's financial condition was deteriorating such that Defendants' statements were materially misleading. Among other things, the Complaint alleges that Defendants knowingly or recklessly failed to disclose margin calls on its MBS portfolio, a write-down of its portfolio and significant exposure to subprime debt that negatively impacted the Company's liquidity. On March 31, 2008, Defendants moved to dismiss the Complaint. Lead Plaintiff filed their opposition to Defendants' motion to dismiss on June 5, 2008. Lead Plaintiff and Luminent reached an agreement to settle the case before the Court decided the motion to dismiss.

3. What is a class action? In a class action, the Lead Plaintiff sues on behalf of numerous persons who have similar claims. The Lead Plaintiff acts as representative of the class of similarly situated persons, and has negotiated a settlement for the benefit of the class. All persons with similar claims constitute a Settlement Class, and each one is a Settlement Class Member. The Court will resolve the claims of all Settlement Class Members, except for those who properly exclude themselves from the Settlement Class.

4. Why is there a Settlement? Instead of litigating the Action through trial, Lead Plaintiff and the Defendants, after arm's length negotiations supervised by an experienced mediator, have agreed to a compromise of the claims for $8.0 million in cash to be paid by the insurance carrier for Luminent and its directors and officers ("D&O Policy"). Lead Plaintiff thus avoids the possibility that its Complaint would be dismissed, as well as the risks and costs of a trial and possible appeals. Class members who lost money will get some compensation. Moreover, Luminenfs stock has nominal value, and Lead Plaintiff was concerned that Luminent may become insolvent, if it is not already. As of March 31, 2008, the Company's liabilities exceeded its assets by more than $200 million, and Luminent may have been in default on its obligations to several creditors. These circumstances could have resulted in a voluntary or involuntary bankruptcy filing by Luminent, which could delay and/or jeopardize the Class' claim to the proceeds from the D&O Policy covering these claims.

3 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 11 of 45

Subsequent to reaching an agreement on the principal terms of the Settlement on September 5, 2008, Luminent and its wholly owned subsidiaries filed for relief under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the District of Maryland. The consolidated case is entitled In re Luminent Capital Mortgage, Inc., Debtor, Case No. 08-21389 (D. Md. Bankr.). On December 2, 2008, the Bankruptcy Court issued an order authorizing Defendants' insurance carrier to fund the Settlement Fund and for the parties to take all other action reasonably necessary to effectuate the Settlement in the Northern District of California. Lead Plaintiff and its counsel believe that the proposed Settlement is an excellent recovery and is in the best interests of the Settlement Class. At the time this Settlement was reached. Defendants had filed a motion to dismiss the Complaint. Because of risks associated with continuing to litigate and proceeding to trial, it was possible that the Settlement Class would not have prevailed on any of its claims, in which case the Settlement Class would receive nothing. The amount of damages recoverable by the Settlement Class was and is challenged by Defendants. Recoverable damages in this case are limited to losses caused by the alleged wrongdoing. The Settlement Class may not recover for stock losses caused by changes in global financial markets, or in this case, by the world-wide credit crisis. Had the litigation gone to trial, Luminent would have asserted that all or most of the losses of Settlement Class Members were caused not by fraud, but rather by market, industry or general economic factors — most notably, the seizing up of the credit markets in early August 2007, which Defendants claim caused the Company's stock to lose 85% of its value in the course of two days, and prevented Luminent (and numerous other mortgage companies) from obtaining the financing necessary to continue its mortgage investment business. In fact, Luminent has argued that the absence of a causal connection between the alleged misstatements and the drop in value of Luminent stock requires complete dismissal of the case. Luminent also has asserted that Lead Plaintiff had not and could not meet their stringent pleading requirements for alleging a fraud claim under the Private Securities Litigation Reform Act ("PSLRA" ), and that the alleged misrepresentations were not actionable under the PSLRA's safe harbor provisions, which grant protection to forward-looking statements that are accompanied by meaningful risk disclosures. Defendants deny the allegations of the Complaint and intend to reassert their motion to dismiss the Complaint if the Action does not settle. In the event Lead Plaintiffs Complaint (or an amended complaint) is upheld by the Court, the Action would proceed to discovery, and potentially trial and appeal, the costs of which would be paid by Defendants' insurance coverage, which will reduce the amount available to pay a judgment in the event that Lead Plaintiff ultimately prevails. Plaintiffs Lead Counsel has thoroughly investigated and litigated the case. They also have the benefit of limited document discovery provided by Defendants in advance of the mediation. Plaintiffs Lead Counsel also retained experienced industry and financial experts to assist them in assessing the strengths and weaknesses of their claims and potential recoverable damages. Based upon their extensive investigation, their consultation with experts and their evaluation of the claims of the Settlement Class Members against the Defendants and defenses that might be asserted, Plaintiffs Lead Counsel believe that the Settlement is fair, reasonable and adequate and in the best interests of the Settlement Class. The Settlement provides an immediate and certain recovery. By settling, Lead Plaintiff and Defendants avoid the cost, uncertainty, and delay of continued litigation. The parties engaged in extensive negotiations that led to the Settlement described in this Notice. Plaintiffs Lead Counsel believe the Settlement is fair because they were not certain that the Settlement Class would win on any of the claims and even if they did win, they might not get any more money than the $8.0 million, plus interest, that Luminenfs insurance carrier has agreed to pay to settle the lawsuit. Luminent's lawyers believe the Settlement is fair because even though Defendants deny Lead Plaintiffs claims, Defendants avoid the cost of continued litigation and risk of losing at trial.

WHO IS INCLUDED IN THE SETTLEMENT

5. How do I know if I am a Settlement Class Member? For the purposes of settlement, everyone who fits the following description is a Settlement Class Member: • All persons and entities who purchased or otherwise acquired publicly traded Luminent securities and call options for publicly traded Luminent securities or sold put options for publicly traded Luminent securities from February 9, 2007 through August 6, 2007 (the "Settlement Class Period"). • The Settlement Class excludes Defendants; all individuals who are officers and/or directors of Luminent; members of the immediate families and heirs, successors or assigns of the foregoing; and any firm, trust, corporation, or other entity in which any Defendant has a controlling interest. Also excluded from the Settlement Class are persons who request exclusion from the Settlement Class pursuant to the terms of the Stipulation of Settlement or order of the Court. 'Person" means an individual, corporation, partnership, limited partnership, association, joint stock company, estate, legal representative, trust, unincorporated organization, and any other type of legal entity, and their respective executors, administrators, representatives, agents, attorneys, heirs, successors, and/or assigns.

6. Are there any exceptions to being included as a Settlement Class Member? Yes. As mentioned in the description above, you are not a Settlement Class Member if aM of the following applies to you: • You do not meet the definition of the Settlement Class above. • You exclude yourself from the Settlement Class. • You are a Defendant. • You are an officer and/or director of Luminent. • You are a member of the immediate family or an heir, successor or assign of the foregoing. • You are a firm, trust, corporation, or other entity in which any Defendants have a controlling interest.

4 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 12 of 45

7, I'm still not sure whether I'm included If you are still not sure whether you are included, you can ask for free help. You can contact the Claims Administrator at 800-7714781 or you can fill out the claim form described in question 10, to see if you qualify. You can also contact Plaintiffs Lead Counsel, Lowey Dannenberg Cohen & Hart, P.C., at One North Broadway, Suite 509, White Plains, New York 10601-2310, telephone: 914-997-0500; e-mail dhar([email protected] .

THE SETTLEMENT BENEFITS

8. What does the Settlement provide? The Defendants, through their insurance carrier, paid $8.0 million into an escrow account that is earning interest for the benefit of the Settlement Class. Defendants have also paid $100,000 for the costs of this Notice to Class Members and for costs to administer the Settlement. The balance of this fund, after payment of court-appointed attorneys' fees and expenses, taxes, and the costs of claims administration, including the costs of printing and mailing this Notice and the cost of publishing newspaper notice (the "Net Settlement Fund"), will be divided among all Settlement Class Members who submit valid claim forms.

9. How much will my payment be? If you are entitled to a payment, you will receive a pro rata share of the Settlement Fund. Your share of the Settlement Fund will depend on the number of valid and timely claim forms that Settlement Class Members send in, how many shares of Luminent stock or call options you bought or put options on Luminent shares you sold, and when you bought and sold these securities. You should look at the Plan of Allocation section of this Notice that appears on pages 9 toll below for a description of the calculations to be made in computing the "Recognized Loss" of the 'Authorized Claimants," that is, those investors who submit valid and timely Proof of Claim and Release forms establishing that they are Settlement Class Members.

10. How can l get a payment? To qualify for payment, you must timely send in a Proof of Claim and Release form that is received by the Claims Administrator. A Proof of Claim and Release form is attached to this Notice. Read the instructions carefully, fill out the form, include all the documents the form asks for, sign it, and mail it postmarked no later than June 9, 2009. Unless the Court orders otherwise, if you do not timely submit a Proof of Claim, you will be barred from receiving any payments from the Net Settlement Fund, but will in all other respects be bound by the Final Judgment in the case.

11. When will l receive my payment? The Court will hold a hearing on April 29, 2009, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. If there are any appeals, it is uncertain when these appeals will be resolved, and resolving them can take time, typically more than a year. The Claims Administrator will also need time to process the submitted claims before any distribution can be made to Authorized Claimants. The claim administration process is complicated and will take many months, even when there is no delay due to an appeal. Please be patient.

12. What am 1 giving up to get a payment and stay in the Settlement Class? Unless you exclude yourself, you are a member of the Settlement Class. That means that you will give up and release any claims you might have against Defendants relating to any of the claims brought by Lead Plaintiff in this Action, as described more fully below. It also means that all of the Court's orders will apply to you and legally bind you. If you sign the Proof of Claim and Release form, you will agree to a "Release of Claims," attached to the Proof of Claim form, which describes exactly the legal claims that you give up if you stay in the Settlement Class. If the proposed Settlement is approved, the Court will enter a Final Judgment and Order of Dismissal with Prejudice ("Judgment"). The Judgment will dismiss the Released Claims with prejudice as to all Released Persons. The Judgment will provide that all Settlement Class Members shall be deemed to have released and forever discharged all Released Claims against all Released Persons and that the Released Persons shall be deemed to have released and discharged all Settlement Class Members and counsel to the Lead Plaintiff from all claims arising out of the prosecution and settlement of the Action or the Released Claims. "Released Claims" means any and all claims, demands, rights, actions or causes of action, liabilities, damages, losses, obligations, judgments, suits, fees, expenses, costs, matters and issues of any kind or nature whatsoever, whether known or unknown, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, hidden or concealed, matured or unmatured, that have been, could have been, or in the future can or might be asserted in the Action or in any court, tribunal or proceeding (including, but not limited to, any claims arising under federal or state statutory or common law) by or on behalf of Lead Plaintiff or any member of the Settlement Class, against the "Released Persons," whether or not any such Released Persons were named, served with process or appeared in the Action, arising out of, or relating in any manner to the allegations, facts, events, acquisitions, matters, acts, occurrences, statements, representations, misrepresentations, omissions, or any other matter, thing or cause whatsoever, or any series thereof, through and including the Effective Date of this Settlement, which have been or could have been alleged in the Action or which are embraced, involved, set forth in, referred to, or otherwise related in any way to the purchase, or purchase and sale, or other acquisition, of publicly traded Luminent securities or call options on publicly traded Luminent securities, or to the sale or other disposition of put options on publicly traded Luminent securities by the Lead Plaintiff or any Class Member during the Settlement Class Period; and any claims arising out of, relating to, or in connection with the settlement or resolution of this Action. Nothing herein is intended to release the exclusively derivative claims asserted on behalf of Luminent in the pending derivative suit, Breff v. Moore, et al., Case No. CGC-07466824 (San Francisco). "Released Persons" means each and all of the Defendants and each of their Related Parties. "Related Parties" means each Defendant's past or present directors, officers, employees, partners, insurers, co-insurers, reinsurers, controlling shareholders, attorneys, accountants or auditors, personal or legal representatives, predecessors, successors, parents, subsidiaries, divisions, joint ventures, assigns, spouses, heirs, related or affiliated entities, any entity in which a Defendant has a controlling interest, any member of any Individual Defendant's immediate family, or any trust of which any Individual Defendant is the sedlor or which is for the benefit of any Individual Defendant's family. 5 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 13 of 45

"Unknown Claims" means any Released Claims which the releasing party does not know or suspect to exist in his, her or its favor at the time of the release of the released persons which, if known by him, her or it, might have affected his, her or its settlement with and release of the released persons, or might have affected his, her or its decision not to object to or to seek exclusion from this Settlement. With respect to any and all Released Claims, the Settling Parties stipulate and agree that, upon the Effective Date, the Lead Plaintiff shall expressly and each of the Settlement Class Members shall be deemed to have, and by operation of the Judgment shall have, expressly waived the provisions, rights and benefits of California Civil Code § 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. The Lead Plaintiff shall expressly and each of the Settlement Class Members shall be deemed to have, and by operation of the Judgment shall have, expressly waived any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to California Civil Code § 1542. The Lead Plaintiff and any Settlement Class Member may hereafter discover facts in addition to or different from those which he, she or it now knows or believes to be true with respect to the subject matter of the Released Claims, but each Lead Plaintiff shall expressly and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever settled and released any and all Released Claims, without regard to the subsequent discovery or existence of such different or additional facts. The Lead Plaintiff acknowledges, and the Settlement Class Members shall be deemed by operation of the Judgment to have acknowledged, that the foregoing waiver was separately bargained for and a key element of the settlement of which this release is a part.

13. How does Luminent's bankruptcy affect the Settlement? The terms of the Settlement against Luminent and the Individual Defendants are governed by the Settlement Agreement. The Settlement Agreement provides that in the event of a bankruptcy filing, the parties will seek approval of the Bankruptcy Court to fund the Settlement and to take any other actions reasonably necessary to effectuate the Settlement. On September 5, 2008, Luminent and its subsidiaries filed for bankruptcy protection in the United States Bankruptcy Court of the District of Maryland (Baltimore). Pursuant to the Settlement Agreement, on October 3, 2008, Luminent filed a motion in the Bankruptcy Court to (1) lift the automatic stay to permit the parties to consummate the Settlement Agreement in this Court, and (2) approve the Settlement under the Bankruptcy Code as in the best interest of the debtor. On December 2, 2008, the Bankruptcy Court approved the Luminent's application and authorized the parties to proceed with the Settlement.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want to be bound by the Judgment or recover money from the Settlement Fund, and instead want to keep any claims you may have and any right you may have to sue the Defendants on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself from — or opting out, of — the Settlement Class. You should not assume that you have any claim against any Defendant because you have received this Notice. This Notice is not a representation or warranty that you do possess a valid or timely claim against any Defendant, or that you would prevail in any individual action on such claim. Moreover, under Section 362 of the U.S. Bankruptcy Code, there is an automatic stay of all pending claims against Luminent in other courts, and new claims may be filed against Luminent only in the U.S. Bankruptcy Court, while the bankruptcy action remains pending. If you have questions about whether you do have a valid and timely claim, and whether you would pursue such a claim individually in lieu of participating in the Settlement Class, you should consult an attorney about your particular circumstances.

14. How do I exclude myself from the Settlement? If you do not wish to be included in the Settlement Class and you do not wish to participate in the proposed Settlement described in this Notice, you may request to be excluded. To do so, you must submit a written request for exclusion that must be received no later than April 9, 2009 and must: (a) include the name, address, and telephone number of the person(s) requesting exclusion; (b) include identification of each of the person's purchases and sales of publicly traded Luminent securities made during the Settlement Class Period, including the dates of purchase or sale, the number of shares or call options purchased and/or put options sold, and the price paid or received per security for each such purchase or sale; (c) provide proper evidence of the person's purchases and safes of Luminent securities during the Settlement Class Period; and (d) state that the person wishes to be excluded from the Settlement Class. No requestwill be considered valid unless all of the information described above is included in the request. The request must be addressed as follows:

Luminent Mortgage Capital, Inc. Securities Litigation c/o Complete Claim Solutions, LLC P. 0. Box 24765 West Palm Beach, FL 33416

You cannot exclude yourself by phone or by a-mail. If you ask to be excluded from the Settlement Class, you will not get any settlement payment. If you exclude yourself, you will not be legally bound by anything that happens in this Action. You might be able to sue (or continue to sue) Luminent and the other Defendants in the future about the claims in this Action, but your claims may not be timely, valid, or you may not prevail.

6 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 14 of 45

15. If I don't exclude mvseff, can l sue Defendants for the same thin gs later? No. Unless you exclude yourself, you give up any right to sue any of the Defendants about the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue or file any lawsuit alleging the same claims as are alleged herein. As a result of the automatic stay provisions under the U.S. Bankruptcy Code, any claims against Luminent may only be asserted in the U.S. Bankruptcy Court, while the bankruptcy action remains pending, unless the Bankruptcy Court orders otherwise. Remember, the exclusion deadline is April 9, 2009. See also Question No. 12: "What am I giving up to get a payment and stay in the Settlement Class?" 16, If I exclude myself, can 1 get mone y from this Settlement? NQ. If you exclude yourself, you will not be entitled to receive any money from the Settlement Fund. If you exclude yourself, do not send in a Proof of Claim and Release form to ask for any money. THE LAWYERS REPRESENTING YOU 17.Do l have a lawyer in this case? The Court appointed the law firm of Lowey Dannenberg Cohen & Hart, t? C. to represent you and the other Settlement Class Members. This law firm is called Lead Counsel. You will not be individually charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. You can send any questions to Lead Counsel at Lowey Dannenberg Cohen & Hart, P.C., One North Broadway, Suite 509, White Plains, NY 10601- 2310 (telephone: 914-997-0500; e-mail: [email protected], bhart [email protected], or [email protected]), or to the Claims Administrator at Luminent Mortgage Capital, Inc. Securities Litigation, clo Complete Claim Solutions, LLC, P. 0. Box 24765, West Palm Beach, FL 33416. 18.Now will the lawyers be paid? Lead Counsel will apply to the Court for attorneys' fees not to exceed 25% of the Settlement Fund and for reimbursement of their out-of-pocket expenses not to exceed $120,000 (collectively, an average of $.065 per share of common stock) incurred in prosecuting the case, plus interest on such fees and expenses at the same rate as earned by the Settlement Fund. Such sums as may be approved by the Court will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses. The attorneys' fees and expenses requested will be the only payment to Plaintiff's Counsel for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis. To date, Plaintiffs Counsel have not been paid anything for their services for conducting this litigation on behalf of the Plaintiff and the Settlement Class nor for their substantial out-of-pocket expenses. The fee requested will compensate Plaintiffs Counsel for their work in achieving the Settlement Fund and is within the range of fees often awarded to class counsel under similar circumstances in other cases of this type, given the substantial risks undertaken by counsel of no payment. The Court may, however, award less than this amount in Its discretion. THE COURT'S SETTLEMENT FAIRNESS HEARING 19. When and where will the Court decide whether to approve the Settlement? The Court will hold a Settlement Fairness Hearing at 9:00 a.m. on April 29, 2009 before the Honorable Phyllis J. Hamilton, United States District Judge, at the United States District Court for the Northern District of California, Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. At this hearing the Court will consider whether the Settlement, the Plan of Allocation, and the Application for Attorneys' Fees and Reimbursement of Expenses are fair, reasonable, and adequate. If there are objections, the Court will hear them. The Court will listen to people who have made a written request to speak at the hearing. The Court may reschedule the Settlement Fairness Hearing at any time, so if you plan to attend or participate, you should check with the Clerk of the Court to know whether there have been any changes of the place, date and time for the hearing. 20. Do 1 have to come to the Settlement Fairness Hearing? No. Lead Counsel will answer questions the Judge may have. But you are welcome to come at your own expense, and the Court will give you the opportunity to be heard. If you decide to send an objection, the Court will consider it. You don't have to come to Court to talk about it. You may also pay your own lawyer to attend, but it's not necessary. OBJECTING TO THE SETTLEMENT 21. How do I tell the Court that I do not like the Settlement? If you are a Settlement Class Member and do not exclude yourself, you can object to the Settlement at the Settlement Fairness Hearing if you do not like any part of it. In order for the Court to fairly consider your objection, Settlement Class Members must send a written statement which must be received on or before April 9, 2009, to the Court and counsel at the addresses listed below, saying that you object to the Settlement in In re Luminent Mortgage Capital, Inc. Securities Litigation, No. C 07-04073 (PJH). The written objection may be by an informal letter or any other format. Settlement Class Members do not need to hire an attorney in order to file any objections. The objection should include: (a) your name, address, telephone number, and signature(s); (b) the number of shares or call options purchased and/or put options sold from February 9, 2007 through August 6, 2007; (c) the reasons you object to the Settlement; (d) copies of any papers, briefs, or other documents upon which 7 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 15 of 45 the objection is based; and also (e) advise the Court if you intend to appear at the Settlement Fairness Hearing, and if you will be represented by counsel, the names and addresses of your attorneys. Please send your objections to the Settlement to the following: Counsel for Defendants: Court: Plaintiffs Lead Counsel: Clerk of the Court Michael Rugen Richard W. Cohen United States District Court SidleyAustin LLP Barbara J. Hart Northern District of California 555 California Street David C. Harrison 450 Golden Gate Avenue San Francisco, CA 94104 Lowey Dannenberg Cohen &Hart, P.C. San Francisco, CA 94102 Tel.: 415-772-1200 One North Broadway, Suite 509 White Plains, NY 10601-2310 Tel.: 914-997-0500 dharrison ..lowey.com

22. What's the difference between objecting and excluding? Objecting is simply telling the Court that you don't like something about the Settlement, the Plan of Allocation, or the Application far Attorneys' Fees and Reimbursement of Expenses. Excluding yourself is telling the Court that you don't want to be part of the Settlement Class. IF YOU DO NOTHING 23. What happens if l do nothing at all? If you do nothing, you'll get no money from this Settlement. You must file a Proof of Claim and Release form to be eligible to receive anything from the Settlement. Also, unless you exclude yourself, you will be bound by the judgment and will have released the Released Claims against the Released Persons. This means you won't be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants relating to the Released Claims. OBTAINING MORE INFORMATION

24. Are there more details about the Settlement? This Notice summarizes the most important aspects of the proposed Settlement, but it is not a complete description of the Settlement. You can get a copy of the Stipulation by writing to David C. Harrison, Esq., Lowey Dannenberg Cohen & Hart, P.C., One North Broadway, Suite 509, White Plains, NY 10601-2310, or e-mailing him at [email protected]. You can also call the Claims Administrator toll-free at 800-771-4781, or contact it by mail or through its website at the address listed below in item No. 25 to find answers to common questions about the Settlement and obtain information about the status of the Settlement approval process. You can also review a copy of the entire Settlement Agreement and other documents filed in the Action during normal business hours at the office of the Clerk of the Court, United States Courthouse, Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102 (refer to case No. 07-04073). PLEASE DO NOT CALL THE COURT OR THE CLERK'S OFFICE ABOUT THIS SETTLEMENT. SPECIAL NOTICE TO NOMINEES 25. Special Notice to Banks, Trustees, Brokerage Firms or Other Nominees If you hold publicly traded Luminent securities or call options purchased or put options sold during the Settlement Class Period as nominee for a beneficial owner, the Court has directed that within ten (10) days after you receive this Notice, you must either: (1) send a copy of this Notice and the Proof of Claim by first class mail to all such Persons; or (2) provide a list of the names and addresses of such Persons to the Claims Administrator:

Luminent Mortgage Capital, Inc. Securities Litigation c/o Complete Claim Solutions, LLC P. 0. Box 24765 West Palm Beach, FL 33416 Toll-Free Phone: 800-771-4781 E-Mail: [email protected] Website: www.LuminentSecuritiesSettiement.com

If you choose to mail the Notice and Proof of Claim and Release form yourself, you may obtain from the Claims Administrator (without cost to you) as many additional copies of these documents as you will need to complete the mailing. Regardless of whether you choose to complete the mailing yourself or elect to have the mailing performed for you, you may obtain reimbursement for, or advancement of, reasonable costs actually incurred or expected to be incurred in connection with forwarding the Notice and Proof of Claim and which would not have been incurred but for the obligation to forward the Notice and Proof of Claim, upon submission of appropriate documentation to the Claims Administrator.

8 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 16 of 45

UNDERSTANDING YOUR PAYMENT — THE PLAN OF ALLOCATION

Please note that the approval of the Settlement is separate from and not conditioned on the Court's approval of the Plan of Allocation. The $8,000,000 Settlement Fund, less all taxes, approved costs, fees, and expenses (the "Distribution Amount"), shall be distributed to Settlement Class Members (or the representative of such Settlement Class Members, including, without limitation, agents, administrators, executors, heirs, predecessors, successors, affiliates (as defined in 17 C.F.R. Part 210.1-02.b) and assigns) who submit a Proof of Claim in such form and manner, and within such time, as the Court shall prescribe that are allowed by the Court ("Authorized Claimants"). The following proposed Plan of Allocation reflects the contention of the Settlement Class that because of misrepresentations and omissions about Luminent's financial condition and prospects, the prices of Luminent stock and options were inflated artificially during the Settlement Class Period (February 9, 2007 through August 6, 2007). Lead Plaintiff further contends that the decrease in the prices of publicly traded Luminent securities resulted from disclosures of facts exposing Defendants' prior misstatements and omissions. The Court has not made any finding that the Settling Defendants are liable to the Class or that the Class has suffered any compensable damages, nor has the Court made any finding as to the measure of damages. The Claims Administrator shall determine each Authorized Claimant's pro rata share of the Distribution Amount based upon each Authorized Claimant's "Recognized Claim" from transactions on publicly traded Luminent securities during the entire Class Period. The Recognized Claim formulas set forth below are not intended to be an estimate of the amount that a Class Member might have been able to recover after a trial; nor is the Recognized Claim an estimate of the amount that will be paid to Authorized Claimants pursuant to the Settlement. The Recognized Claim formulas are the basis upon which the Distribution Amount will be proportionately allocated to the Authorized Claimants. An Authorized Claimant's total "Recognized Claim" shall constitute the sum of such claimant's "Recognized Loss" for each of the classes of Luminent stock and options set forth below:

I. Luminent Common Stock Purchases A. For shares of common stock purchased between February 9, 2007 and August 3, 2007: 1. For shares retained at the end of trading on November 2, 2007, the Recognized Loss shall be the lesser of: a. $5.21 per share; or b. the difference between the purchase price per share and $1.67.' 2. For shares sold between February 9, 2007 and August 3, 2007, the Recognized Loss shall be zero. 3. For shares sold on August 6, 2007, the Recognized Loss shall be the lesser of: a. $1.95 per share; or b. the difference between the purchase price per share and the sales price per share for each share sold. 4. For shares sold between August 7, 2007 and November 2, 2007, the Recognized Loss shall be the lesser of: a. $5.21 per share; or b. the difference between the purchase price per share and the sales price per share for each share sold; or c. the difference between the purchase price per share and the mean closing price between August 7, 2007 and the date of sale. The Recognized Claim for shares purchased between February 9, 2007 and June 24, 2007 will be 20% of the Recognized Loss described in Section I(A) above? B. For shares of common stock purchased on August 6, 2007: 1. For shares retained at the end of trading on November 2, 2007, the Recognized Loss shall be the lesser of: a. $3.26 per share; or b. the difference between the purchase price per share and $1.67.

1 Pursuant to Sections 21(D)(e)(1) and 21(D)(e)(2) of the Private Securities litigation Reform Act of 1995, the award of damages to the plaintiff shall not exceed the difference between the purchase price paid by the plaintiff for the subject security and (1) for plaintiffs who still held shares at the end of the 90-day period beginning on the date on which the information correcting the misstatement or omission that is the basis for the action is disseminated, the mean trading price of that security during the 90-day period, or (2) for plaintiffs who sold shares during the 90-day period, the mean trading price of the security during the period beginning immediately after dissemination of information correcting the misstatement or omission and ending on the date on which the plaintiff sold the security. $1.67 was the mean (average) daily closing trading price of Luminent common stock during the 88-day period beginning on August 7, 2007 and ending on November 2, 2007. 2 Losses for Luminent shares purchased (and options transactions) during this period are discounted based upon the relative strength and weaknesses of these claims as compared to the claims of investors during the latter six weeks of the Settlement Class Period. Among other obstacles, these investors would have to overcome defendants' contention that claimants' statements made earlier in the Settlement Class Period were merely predictions that failed to come true. As such, investors would be charged with proving actual knowledge under the PSLRA. The fact that the Individual Defendants purchased a significant amount of Luminent stock during this period weighs heavily against a finding that they deliberately inflated Luminent's stock price during a period when they were investing their own money. 9 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 17 of 45

2. For shares sold on August 6, 2007, the Recognized Loss shall be the lesser of: a. $3.26 per share; or b. the difference between the purchase price per share and the sales price per share for each share sold. 3. For shares sold between August 7, 2007 and November 2, 2007, the Recognized Loss shall be the lesser of: a. $3.26 per share; or b. the difference between the purchase price per share and the sales price per share for each share sold; or c. the difference between the purchase price per share and the mean closing price between August 7, 2007 and the date of sale.

It. Luminent Call Option Purchases A. The Recognized Loss for each call option contract on Luminent common stock purchased or otherwise acquired during the Class Period shall be fifty percent (50%) 3 of the lesser of (x) the Estimated Inflation per share" for all shares covered by the call option contract on the date the call option was purchased, less, if sold, the Estimated Inflation per share for all shares covered by the call option contract on the date the call option was sold, or (y) the difference between (a) the amount paid per call option contract, and (b) the sale price received per option contract received when said call options were subsequently sold (if the option expired worthless while still owned by the Authorized Claimant, the sales price shall be deemed to be Zero ($0.00); B. Shares of Luminent common stock acquired during the Class Period through the exercise of a call option shall be treated as a purchase on the date of exercise for the exercise price plus the cost of the call option, and any Recognized Loss arising from such transaction shall be computed as provided for other purchases of Luminent common stock as set forth herein; C. No Recognized Loss shall be calculated based upon the safe or writing of any call option that was subsequently repurchased. The Recognized Claim for call options purchased between February 9, 2007 and June 24, 2007 will be 20% of the Recognized Loss described in Section II(A) above.

III. Luminent Put Option Sales A. The Recognized Loss for each put option contract on Luminent common stock sold or written during the Class Period, shall be fifty percent (50%)' of the lesser of (x) the Estimated Inflation per share for all shares covered by the put option contract on the date the claimant sold or wrote the put contract, or (y) the difference between (a) the amount received per put option contract, and (b) the purchase price paid per put option contract when said put options were subsequently repurchased at any time (including after the Class Period). For put options sold or written during the Class Period that expired worthless and unexercised, the Authorized Claimant's Recognized Loss shall be zero ($0.00); B. For Luminent put options that were sold or written during the Class Period, that were "put" to the Authorized Claimant (i.e., exercised) at any time, the Authorized Claimant's Recognized Loss shall be calculated as a purchase of Luminent common stock as shown herein, and as if the sale of the put option were instead a purchase of Luminent common stock on the date of the sale or writing of the put option, and the "purchase price paid" shall be the strike price of the put option less the proceeds received from the sale of the put option; C. No Recognized Loss shall be calculated based upon the sale of any put option that was previously purchased. The Recognized Claim for put options sold between February 9, 2007 and June 24, 2007 will be 20% of the Recognized Loss described in Section Ill(A) above.

IV. Other Instructions and Guidelines Applicable to All Recognized Claims and Classes of Luminent Stock and Options For Settlement Class Members who held publicly traded Luminent securities before the Class Period or made multiple purchases or sales during the Class Period, the first-in, first-out ("FIFO") method will be applied to such holdings, purchases and sales for purposes of calculating a Recognized Claim. Under the FIFO method, for each Luminent security, each sale of that Luminent security during the Class Period will be matched, in chronological order, first against that Luminent security held at the beginning of the Class Period. Such holdings and sales will be included in the calculation of Recognized Claim as described above. For each security, the remaining sales of such security during the Class Period will then be matched, in chronological order, against purchases of such Luminent securities during the Class Period.

3 Losses from transactions in call options are discounted (i) because the purchase of a call option includes a time premium which is a wasting asset that the purchaser pays that will evaporate even if the stock price remains the same, and (ii) because the expected additional volatility of such derivative securities, makes it more difficult to prove that losses on such securities are causally related to the alleged wrongdoing, as opposed to non-actionable causes. 4 Estimated Inflation per share is shown in the following table: Date Range Estimated Inflation per Share February 9, 2007 -August 3, 2007 $5.21 August 6, 2007 $3.26 5 Losses from transactions in put options are discounted (i) because the sale of a put option includes a time premium which is a wasting asset that the purchaser pays that will evaporate even if the stock price remains the same, and (ii) because the expected additional volatility of such derivative securities, makes it more difficult to prove that losses on such securities are causally related to the alleged wrongdoing, as opposed to non-actionable causes. 10 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 18 of 45

A purchase or sale of Luminent securities shall be deemed to have occurred on the "contract" or "trade" date as opposed to the "settlement" or "payment" date. The price per share or per option contract, paid or received, should exclude all commissions, taxes and fees. The following restrictions on computing Recognized Losses apply to all claims: • "Short sales" will not be recognized for any amount of loss on the cover or purchase transaction, and no Recognized Loss will be computed for any such covering purchase transaction. • No Recognized Loss will be computed for any transactions in Luminent common stock or options engaged in by market makers. • In computing the Recognized Loss on any Luminent shares, no Recognized Loss will be computed for any option premium paid, or received where the shares of Luminent were purchased or sold by reason of having exercised or been assigned an option. The receipt or grant by gift, devise or operation of law of Luminent securities during the Class Period shall not be deemed a purchase, acquisition, disposition or sale of Luminent securities for the calculation of an Authorized Claimant's Recognized Claim, nor shall it be deemed an assignment of any claim relating to the purchase of such securities unless specifically provided in the instrument of gift or assignment. Each Authorized Claimant shall be allocated a pro rata share of the Distribution Amount based on his, her or its Recognized Claim compared to the Total Recognized Claims of all Authorized Claimants. Each Authorized Claimant shall be paid an amount determined by multiplying the Distribution Amount by a fraction the numerator of which shall be his, her or its "Recognized Claim" and the denominator of which shall be the Total Recognized Claims of all Authorized Claimants. The total recovery payable to Authorized Claimants from transactions in call or put options shall not exceed ten percent (10%) of the Distribution Amount. Settlement Class Members who do not file acceptable Proofs of Claim will not share in the Distribution Amount. Settlement Class Members who do not submit an acceptable Proof of Claim will nevertheless be bound by the Luminent Settlement and Final Judgment of the Court dismissing this Action. Bank drafts will be distributed to Authorized Claimants after the Effective Date of the Settlement and after all claims have been processed. To the extent that any monies remain in the Cash Settlement Accounts after the Claims Administrator has caused distributions to be made to all Authorized Claimants, whether by reason of un-cashed distributions or otherwise, then, after the Claims Administrator has made reasonable and diligent efforts to have Authorized Claimants cash their distributions, any balance remaining in the Cash Settlement Accounts one (1) year after the initial distribution of such funds shall be re-distributed to Authorized Claimants who have cashed their initial distributions and who would receive at least $10.00 from such re-distribution, after payment of any unpaid costs or fees incurred in administering the Cash Settlement Accounts for such re-distribution. If six months after such re-distribution, funds remain in the Cash Settlement Accounts, then such funds shall be further re-distributed to Authorized Claimants who have cashed their most recent re-distribution and who would receive at least $10.00 from such further re-distribution, after payment of any unpaid costs or fees incurred in administering the Cash Settlement Accounts for such re-distribution. The re-distributions shall continue until it becomes economically unfeasible to continue re-distributions based upon the costs associated with such re-distributions, after which such balance shall be contributed to non-sectarian, not for profit 501(c)(3) organization(s) to be designated by Lead Counsel with the consent of the Court. No Authorized Claimant will have any claim against Lead Plaintiff, Plaintiffs Lead Counsel or the Claims Administrator, or any other agent designated by Plaintiffs Lead Counsel based on the distributions made substantially in accordance with the Stipulation, the Plan of Allocation or further orders of the Court. No distributions or re-distributions shall be made to any Authorized Claimant who would receive $10.00 or less based on the initial allocation of the Distribution Amount. The Court has reserved jurisdiction to allow, disallow, or adjust the claim of any Settlement Class Member on equitable grounds.

Dated: January 20, 2009 THE HONORABLE PHYLLIS J. HAMILTON Judge, United States District Court for the Northern District of California

11 Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 19 of 45

S1N3wn3oo iunw 1NViNOM

9 M lJ `43290 weed Is9M 99LVZ X39 '0'd 0-n 'suOlInjos wield 9191dwoo op uoi}e&M sailunoeS -3uj `jejide0 9MpVy jueumnI Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 20 of 45

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

IN RE LUMINENT MORTGAGE CAPITAL, INC. SECURITIES LITIGATION C 07-04073 PJH

CLASS ACTION This Document Relates To: PROOF OF CLAIM AND RELEASE ALLACTIONS

I. GENERAL INSTRUCTIONS 1. To recover as a Member of the Settlement Class based on your claims in the action entitled In re Luminent Mortgage Capital, Inc. Securities Litigation, Master Case No. C 07-04073 PJH (the "Action"), you must complete and, on page 6 hereof, sign this Proof of Claim and Release. If you fail to timely file a properly addressed (as set forth in paragraph 3 below) Proof of Claim and Release, your claim may be rejected and you may be precluded from any recovery from the Settlement Fund created in connection with the proposed settlement of the Action.

2. Submission of this Proof of Claim and Release, however, does not assure that you will share in the proceeds of settlement in the Action.

3. YOU MUST MAIL YOUR COMPLETED AND SIGNED PROOF OF CLAIM AND RELEASE POSTMARKED NOT LATER THAN JUNE 9, 2009 ADDRESSED AS FOLLOWS:

Luminent Mortgage Capital, Inc. Securities Litigation c/o Complete Claim Solutions, LLC P.O. Box 24765 West Palm Beach, FL 33416

If you are NOT a Member of the Settlement Class (as defined in the "Notice of Class Action Certification, Proposed Settlement, Motion for Attorneys' Fees and Expenses and Hearing Thereon") DO NOT submit a Proof of Claim and Release form.

4. If you are a Member of the Settlement Class, and you do not timely and validly request exclusion, you are bound by the terms of any judgment entered in the Action, WHETHER OR NOT YOU SUBMIT A PROOF OF CLAIM AND RELEASE,

II. DEFINITIONS Terms as defined in the Notice of C1assAction Certification, Proposed Settlement, Motion forAttorneys' Fees and Expenses and Hearing Thereon shall also apply herein.

III. CLAIMANT IDENTIFICATION 1. If you purchased Luminent Mortgage Capital, Inc. ("Luminent") publicly traded securities or call options on publicly traded Luminent securities, or sold put options on publicly traded Luminent securities, and held the certificate(s) in your name, you are the beneficial purchaser as well as the record purchaser. If, however, the certificate(s) were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser and the third party is the record purchaser.

1 INSTRUCTIONS Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 21 of 45

2. Use part I of this form entitled "Claimant Identification" to identify each purchaser of record ("nominee"), if different from the beneficial purchaser of publicly traded Luminent securities which form the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER OR PURCHASERS, OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER OR PURCHASERS, OF THE PUBLICLYTRADED LUMINENT SECURITIES UPON WHICH THIS CLAIM IS BASED.

3. All joint purchasers must sign this claim. Executors, administrators, guardians, conservators and trustees must complete and sign this claim on behalf of Persons represented by them and their authority must accompany this claim and their titles or capacities must be stated. The Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of the claim.

IV. CLAIM FORM 1. Use Parts 11, III and IV of this form to supply all required details of your transaction(s) in publicly traded Luminent securities. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet,

2. On the schedules, provide all of the requested information with respect to all of your purchases and all of your sales of publicly traded Luminent securities (Part II - Schedule of Transactions in Luminent Common Stock), call options on publicly traded Luminent securities (Part III - Transactions in Call Options on Luminent Common Stock), and put options on publicly traded Luminent securities (Part IV - Transactions in Put Options on Luminent Common Stock), which took place at any time from February 9, 2007 through November 2, 2007, inclusive. Failure to report all such transactions may result in the rejection of your claim.

3. List each transaction from February 9, 2007 through November 2, 2007, inclusive, separately and in chronological order, by trade date, beginning with the earliest, You must accurately provide the month, day and year of each transaction you list.

4. The date of covering a "short sale" is deemed to be the date of purchase of publicly traded Luminent securities. The date of a "short sale" is deemed to be the date of sale of publicly traded Luminent securities.

5. Broker confirmations or other documentation of your transactions in publicly traded Luminent securities must be attached to your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim. Certain Claimants with a large number of transactions, such as institutional holders, may ask (or be asked) to submit claim information in an electronic format. The Claims Administrator will decide when electronic filing of information will be authorized. In these cases, all Claimants must still submit a manually signed paper Proof of Claim form. The Proof of Claim form must list all the data and transactions, whether or not they are also submitted electronically. Only electronic files authorized by the Claims Administrator will be considered properly submitted. The Claims Administrator will issue a written acknowledgement of receipt and acceptance of electronically submitted data to the Claimant.

Reminder Checklist: 1. Please sign the release and certification on page 6. 2. Remember to attach supporting documentation. 3. Do not send original or copies of stock certificates. 4. Keep a copy of your claim form for your records. 5. If you desire an acknowledgment of receipt of your claim form, please send it Certified Mail, Return Receipt Requested. 6. If you move, please send us your new address.

2 INSTRUCTIONS Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 22 of 45

UNITED STATES DISTRICT COURT MUST BE FOR OFFICIAL USE ONLY POSTMARKED NORTHERN DISTRICT OF CALIFORNIA NOT LATER THAN In re Luminent Mortgage Capital, Inc. Securities Litigation Master File No. C 07-04073 PJH JUNE 9, 2009 PROOF OF CLAIM AND RELEASE

PART I. CLAIMANT IDENTIFICATION - Complete either Section A or B - Please type or print. A. Complete this Section ONLY if the Beneficial Owner is an individual, joint, or IRA account. Otherwise, proceed to B. Last Name (Beneficial Owner) First Name (Beneficial Owner)

Last Name (Joint Beneficial Owner, if applicable) First Name (Joint Beneficial Owner)

Name of IRA Custodian, if applicable

If this account is an IRA, and if you would like any check that you MAY be eligible to receive made payable to the IRA account, please include "IRA" in the "Last Name" box above (e.g. Jones IRA). B. Complete this Section ONLY if the Beneficial Owner is an Entity; i.e., corporation, trust, estate, etc. Then, proceed to C. Entity Name

Name of Representative, if applicable (Executor, administrator, trustee, c/o, etc.)

C. AccountIMailing Information: Specify one of the following: q Individual(s) q Corporation q UGMACustodian q IRA q Partnership q Estate q Trust

q Other: Number and Street or P.O. Box

City State Zip Code

Foreign Province and Postal Code Foreign Country

Telephone Number (Day) Telephone Number (Evening)

E-mail Address

Enter Taxpayer Identification Number below for the Beneficial Owner(s). Social Security No. (for individuals) or Taxpayer Identification No.

III I II Ill I I II II II I I Ill I I I II 1 I II * L U M N + CLAIM FORM * P A 6 E 1 6

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 23 of 45

q q ^; x y -oil

ly 5 a2i C7 CU c Y cc 6 9 c^i) r.- m y Cnn v a m o ° ^_ ,r.. o L N y 7^w Q7L Cq cc s..^ N V ^' 3 M C 'H p

N 70.► Q 0 ,C Q C Of m c ti .,., N N v fi Ui >C C C7

D ^i 4 - US O ; LU y O m LL z Z CDc V4- Q V O O O .O+ d O .^O• U i a.(DU) ti 0 y c o cd t o O

U- as Na o z m- E (D Sa o cn y ^- U 0 Z v' p to O = 3 H C7 o M a Q Z c =3 c c [/^ CX m rn O U O O G N [d 0 I--- Q ^fl- NY Q^ O NY N M ^C O d 0 -O -O d C7 CJ !^ r0+ 'CCD [U d M .O O

O p O^v O O U D X 0 0 f/7 U J C.) z E Ea ^c ^o v ^-0 n v E a U ^ E ^^ ^ U o c z -^ tl3 z 3 CD of «q o EW 0 ^-0 0 co 0 O v (nL F- = m [_ W C c a o = Z [n c ^ °- w id 0 ai E a^ i^ ` Q a) -ffi ^. v3 a w o ►^ ? O O O t^ O O R C N Z

N y N O O Z a O ON -a N w QOj O (j O O R U O d i } O a •,O LL ^— ^ U R h CU L y '^ n C '^^ ^. (D O Q UO cm a) d V1 a s •^O d 0 Z^O Y c O O to C Q ° _ C Zn U U EM

LL Li) C E = O C O C _ O 0 Z -0O O ^[ O d 2 LLI O Q N .- •Q- l'A Q .0 C

O N NBC p0'w N pO N O^ C 4) LU N O N m C N U m c N n ? ^= a ^ U) t^ ^ ^s L c ) Z_Z 6 2 0M U^'v Gn o V^v J c U a^ 2 m m W ° ai a`^ L7 ¢ .^ m 0- L x J m C K fnO Q LLI LLI Q :L- W Z a 00 a a ao ^ ti ^ ca

Il ll ^l l 11 I l ll 11 1 1 11 F-1 CLAIM FORM P A G E 2 - 6

Case 3:07- cv- 04073- PJH Document 173-2 Filed 04/15/2009 Page 24 of 45

F-1 ^ 7 LU J p _o o '. 2 k v 40, k O ^° 7 222 ^ ¢^ a E wx o° 2° ° ® x@ § a o ^$ 0 M ^®) 2 0 7 °E As ± ^L- 2. J§ x 7 = ^0 0 L LLI r- a $ ©^$ 0 2 0 \ Cn \ c ___® \ £ a) CL^ = & q E p k LU jX^ C14 a Cn^ ae 3 7b0f . Q =a@ o U ^= 22££© D ^k 2 ELUp 2 §§[k ƒ M E ±.^^ 7 «^S.5 e ^a 33° wca R LU ® : o 2 0 ^ MEL /to U / 0 0 0 aaQ=' © » /CL f o C13 o § 0 E k* ^kk^a) A2 7 o^ CUk 20 § k ss. E co k 0 ^ ^ \ k ^ / 3 y f §/ LUR / @ c§ 2 2^ ^ U)® @ s m E k ^ (a § x ^ .. _§ ^ 0 ^ 7 . 3 » % FL 0 (D E^§ a _ 9( oU) g » °2 kk(1) I§ a m 2 LL./ § o t 2 2Qk§ 0 e Q _ G F= CL M U l f k k aM ^Mk§ K m » % a / e' ^ 2 0 2^ ^ /2 0 ^M / k z k// 0 2 %^@ k 2 2 n 3=2av0 E $ o(a^0 «^ f ^ ^ o a m ® U

CLAIM F RM- A,-

Case 3:07- cv- 04073- PJH Document 173-2 Filed 04/15/2009 Page 25 of 45 q q R 2 k s n k 2 0 ^2^ E U c ^ n C3 o CL q 0ƒ ^ n a @ «© 2 CL J 2 ° EL 0 ^f o E 22 4) _ °§ LM ^x=Q^o^ g 2§ o a-o-0 C k ¢(D o § W o-@2k \ ^^ ojCk^ 2 A m k 2 a) ~ 2 E . n k .-& < O/ QDo &4w = Wco 2 0 _' k 2 22E2 e a§ / §99 \ o-§^ $\ $ E^^ / E u- 2u m E^^ 0 eW

F-^ £^ E C14 a C^ k \ E- S L 0k § CF) ^ ^^ k k CL 0 « U) 0)CL n .2 . 2 G o 2 ° o / / O 5 % G o v Q < q cr~ :[ k 13- 2-1122^^/ 19 E R 2& 5 0 k k U f k k f 0 R § 2 U b -0 (D § CC 7 co LU % 2 ^% ca 2 U) 20 2 15L @ 70 tm »° ^_ 0^ 2^ E wk UJ / ^ z^CL S L= § 2 (1>g .. F- c ^§ CO) c/ 22 _ %2 \ 0 / ^0 2 g O E n § U SE=3 CL L 0 =0 ) ZL) _ e Z CL± KMCO) a R e« E_ 2J LL. CL n f ® ^MM U)a^. § gym% (D R e a 2 2 2 2 Cn b» t 2 z U) ^b 2 2 (1) § 0 0 2 0 Ea A 2 4a)k 0 (3 2 2 o k ^§^ z 3 2 7 M5§ 2^vk w «LUf ^\s > f^ e\s

4 § \| CLAIM FORM - - ,h El Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 26 of 45 q q V. SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMENTS I submit this Proof of Claim and Release under the terms of the Stipulation of Settlement described in the Notice. I also submit to the jurisdiction of the United States District Court for the Northern District of California, with respect to my claim as a Settlement Class Member and for purposes of enforcing the release set forth herein. I further acknowledge that I am bound by and subject to the terms of any Judgment that may be entered in the Action. I agree to furnish additional information such as transactions in all publicly traded Luminent securities (including common stock and options) to the Claims Administrator to support this claim if required to do so. I have not submitted any other claim covering the same purchases or sales of publicly traded Luminent securities during the Settlement Class Period and know of no other Person having done so on my behalf.

VI. RELEASE 1. I hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, release and discharge from the Released Claims each and all of the Released Persons and each and all of their "Related Parties," defined as each of a Defendant's past or present directors, officers, employees, partners, insurers, co- insurers, reinsurers, controlling shareholders, attorneys, accountants or auditors, personal or legal representatives, predecessors, successors, parents, subsidiaries, divisions, joint ventures, assigns, spouses, heirs, related or affiliated entities, any entity in which a Defendant has a controlling interest, any member of any individual Defendant's immediate family, or any trust of which any Individual Defendant is the settlor or which is for the benefit of any Individual Defendant's family. 2. "Settled Class Claims" or "Released Claims" means any and all claims, demands, rights, actions or causes of action, liabilities, damages, losses, obligations, judgments, suits, fees, expenses, costs, matters and issues of any kind or nature whatsoever, whether known or unknown, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, hidden or concealed, matured or unmatured, that have been, could have been, or in the future can or might be asserted in the Action or in any court, tribunal or proceeding (including, but not limited to, any claims arising under federal or state statutory or common law relating to alleged fraud, breach of any duty, negligence, violations of the federal securities laws or otherwise) by or on behalf of Lead Plaintiff or any member of the Settlement Class, against the "Released Persons," whether or not any such Released Persons were named, served with process or appeared in the Action, arising out of, or relating in any manner to the allegations, facts, events, acquisitions, matters, acts, occurrences, statements, representations, misrepresentations, omissions, or any other matter, thing or cause whatsoever, or any series thereof, through and including the Effective Date of this settlement, which have been or could have been alleged in the Action or which are embraced, involved, set forth in, referred to, or otherwise related in any way to the purchase, or purchase and sale, or other acquisition, of holdings of publicly traded Luminent securities or put options by the Lead Plaintiff or any Class Member during the Settlement Class Period; and any claims arising out of, relating to, or in connection with the settlement or resolution of this Action. Nothing herein is intended to release the exclusively derivative claims asserted on behalf of Luminent in the pending derivative suit, Breff v. Moore, of a/., Case No. CGC-07-466824 (San Francisco). 3. "Unknown Claims" means any Released Claims which any Lead Plaintiff or Settlement Class Member does not know or suspect to exist in his, her or its favor at the time of the release of the Released Persons which, if known by him, her or it, might have affected his, her or its settlement with and release of the Released Persons, or might have affected his, her or its decision not to object to this settlement or not to seek exclusion from this settlement. With respect to any and all Released Claims, the Settling Parties stipulate and agree that, upon the Effective Date, the Lead Plaintiff shall expressly and each of the Settlement Class Members shall be deemed to have, and by operation of the Judgment shall have, expressly waived the provisions, rights and benefits of California Civil Code § 1542, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Lead Plaintiff shall expressly and each of the Settlement Class Members shall be deemed to have, and by operation of the Judgment shall have, expressly waived any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to California Civil Code § 1542. The Lead Plaintiff and Settlement Class Members may hereafter discover facts in addition to or different from those which he, she or it now knows or believes to be true with respect to the subject matter of the Released Claims, but each Lead Plaintiff shall expressly and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have, fully finally and forever F-111111111 1111111 I 11111 Ill q CLAIM FORM * P A G E 5 - 6* Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 27 of 45 q settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non contingent, whether or not concealed or hidden, which now exist, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts. The Lead Plaintiff acknowledges, and the Settlement Class Members shall be deemed by operation of the Judgment to have acknowledged, that the foregoing waiver was separately bargained for and a key element of the settlement of which this release is a part. 4. This release shall only be in force when the Court approves the Stipulation of Settlement and the Stipulation becomes effective on the Effective Date (as defined in the Stipulation). 5. 1(We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof. 6. 1(We) hereby warrant and represent that l (we) have included information about all of my (our) transactions in publicly traded Luminent securities which occurred from February 9, 2007 through November 2, 2007 as well as the number of shares of Luminent common stock, call options, or put options held by me (us) at the close of trading on November 2, 2007.

VII. CERTIFICATION UNDER THE PENALTY OF PERJURY, I (WE) CERTIFY THAT: 1. The number shown on this form is my correct TIN; and 2. 1(We) certify that I am (we are) NOT subject to backup withholding under the provisions of Section 3406 (a)(1)(C) of the Internal Revenue Code because: (a) I am (we are) exempt from backup withholding; or (b) I (we) have not been notified by the Internal Revenue Service that I am (we are) subject to backup withholding as a result of a failure to report all interest or dividends; or (c) the Internal Revenue Service has notified me (us) that I am (we are) no longer subject to backup withholding. NOTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, you must cross out Item 2 above. The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup withholding, I declare under penalty of perjury under the laws of the United States of America that the foregoing information supplied by the undersigned is true and correct.

Executed this day of , 2009 in (City) (State/Country)

I Signature of Claimant (Print your name here)

Signature of Joint Claimant, if any (Print your name here)

Signature of person signing on behalf of Claimant (Print your name here)

Capacity of person signing on behalf of Claimant, if other than an individual (e.g., Executor, President, Custodian, etc.)

ACCURATE CLAIMS PROCESSING TAKES A SIGNIFICANT AMOUNT OF TIME. THANK YOU FOR YOUR PATIENCE,

I Il II I I III III Il I I II q El CLAIM FORM P A G E 6 - 6 * Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 28 of 45

EXHIBIT B Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 29 of 45

Legal Notice Legal Notice UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE LUMINENT MORTGAGE CAPITAL, INC. C 07-04073 PJH SECURITIES LITIGATION CLASS ACTION This Document Relates To: ALL ACTIONS SUMMARY NOTICE TO: ALL PERSONS WHO PURCHASED OR ACQUIRED PUBLICLY TRADED SECURITIES OF LUMINENT MORTGAGE CAPITAL, INC. ("LUMINENT") OR CALL OPTIONS FOR PUBLICLY TRADED LUMINENT SECURITIES, AND ALL PERSONS WHO SOLD OR DISPOSED OF PUT OPTIONS FOR PUBLICLY TRADED LUMINENT SECURITIES DURING THE PERIOD FEBRUARY 9, 2007 THROUGH AUGUST 6, 2007 YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Northern District of California, that a hearing will be held on April 29, 2009, at 9:00 a.m., before the Honorable Phyllis J. Hamilton at the United States Courthouse, 450 Golden Gate Avenue, San Francisco, California, for the purpose of determining (1) whether the proposed settlement of the claims in the above-referenced litigation (the "Action") for the principal amount of $8,000,000, plus accrued interest, should he approved by the Court as fair, reasonable and adequate; (2) whether a Final Judgment and Order of Dismissal with Prejudice should be entered by the Court dismissing the Action with prejudice; (3) whether the Plan of Allocation is fair, reasonable and adequate and therefore should be approved; and (4) whether the application of Plaintiff's Lead Counsel for the payment of attorneys' fees and reimbursement of expenses and the Lead Plaintiff's expenses incurred in connection with this Action should be approved. If you purchased or acquired Luminent publicly traded securities or call options on publicly traded Luminent securities or sold or disposed of put options on publicly traded Luminent securities during the period February 9, 2007 through August 6, 2007, your rights may be affected by the settlement of this Action. If you have not received a detailed Notice of Class Action Certification, Proposed Settlement, Motion for Attorneys' Fees and Expenses and Hearing Thereon ("Notice") and a copy of the Proof of Claim and Release, you may obtain copies by writing to Luminent Mortgage Capital, Inc. Securities Litigation, c/o Complete Claim Solutions, LLC, P.O. Box 24765, West Palm Beach, FL 33416; calling the toll-free number 800-771-4781, or on the internet at www.LuminentSecuritiesSettlement.com . If you are a Settlement Class Member, in order to share in the distribution of the Settlement Fund, you must submit a Proof of Claim and Release postmarked not later than June 9, 2009, establishing that you are entitled to recovery. If you desire to be excluded from the Settlement Class, you must submit a Request for Exclusion to be received not later than April 9, 2009, in the manner and form explained in the detailed Notice referred to above. All Members of the Settlement Class who have not timely and validly requested exclusion from the Settlement Class will be bound by any Judgment entered in the Action pursuant to the Stipulation of Settlement. Any objection to the Settlement must be received by the following on or before April 9, 2009: Clerk of the Court Lead Counsel for Plaintiff Counsel for Luminent United States District Court Lowey Dannenberg Cohen & Hart, P.C. Michael Rugen Northern District Of California Richard W. Cohen Sidley Austin LLP 450 Golden Gate Avenue Barbara J. Hart 555 California Street San Francisco, CA 94102 David C. Harrison San Francisco, CA 94104 One North Broadway, Suite 509 White Plains, NY 10601-2310 Tel.: 914-997-0500 [email protected] PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact the Claims Administrator or Plaintiff's Lead Counsel at the addresses listed. BY ORDER OF THE COURT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 30 of 45

EXHIBIT C

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 31 of 45

N MEMO 0 :^ ec"a'=^ ^:zr r . . .M — ^f^ •M •fB — .^ — ^[Q — • IC S IC ^(^ M M M _ _ C4 E E .—M —M E M E M E E E M E M E M E E E E E E . .M M M .FD 'ca E € s `°;; ww22w2w2www2 w2w2wwwwwwM222M2w

z L L, L APL'

°Y^c=e e °""' UU °UUUU °U ^^cUU °U 13)0 U^c0 ^^UU=U a m c^ O O O O ca O o 0 0 ro O O O O CIS co 0 00 0 0 ; a;€€','s€€ C) V; rm p*,:..;-; :..:.:.> a a a —Ja a 6- d J d Z in al I ,1 d J d.. co m d m a- -i —j z a- a. z a_

N O O O

rt P ,E 3 i „`mss€ s`_ LOCO r V-00CD m co 6) CO O 0) r Q Q 0) Q Q O OM ti U') N r LO r N N 0 N r r N f+ O CO O r W ra °'

,.:Z^K•:npP

LO co CD CDa) O r O d' 0) .. Q O c) h lf) r LO r N CO 0 h N r r N I- O C0 O r

. v^eq • ca 4', a ea O a:. :- #r co C

cn (^ ^ij'ii?iii3i6ii?aE=a gia{Sa CJ ° C !!^ (n E%.E j =t? iE umm °> i:i s '^ ^ C y ^ ^ E"i?? °E«°sk's¢? _ N -3?airw.P..::.° _ C .: .:.^.6::8E a) F°.t>'v=:M>^.e& to •"^q:e VV /I"1 ^^,^ W N O 05n) /°'{

V i 3aa G N O a) a) C c E a3 G1€ t^ a) N o c cn ° L c° m° U °o U) a^ E et' [::;: rn Is. Q J '> M06m O ° U • 0 rL Q) O U CC5 N C •^ !':' ;€-°i O— L fA Ca L a) 5 p vEi^?; eEF: °i3 i^ 23E ^?;:;' ::::'Efe:;::K^.:'''i °.Pa M 0) Q 'M Q Q Q1:1 Q Q Q Q QQ Q Q Q Q Q Q Q Q Q Q Q Q Q C 7 CO CO CO f- r--r--r--I--r--00 COO) CO 0) O)00 O 00 Q QCAC Q O co M c'7 -,t ''°::P';,;N'^:P_,e:' N N N N N N N N N N N N 04 04 04 N N N N N N N N N N N N N N N N N N N N N

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 32 of 45

N

E E E • 0 E 0 E E E E E E E E E E E E E •ca •cu e,''e-w ww w www2222wwwwwwwwwwm^E

nnnnnn n nnnnnnn nnnnnnnnnn -LX»°:a«q^x:`::4`««^N zrer pm^m--.yx->nh; ^:°.:'.ea"i. nvw_±w -. . .

,p 'O IHEai °°S^:irE;F's: x 'i-„o..ez

4• -r V S `€ s M? ,= va. N N N N N N N N N N N N N N QY '0 , ss sc 0 0 0z U^ U x U^ U U U U ^c U U Y U U^^ Z:,, > f:€ Q^ CL 000 {^ O m 0 O (C (C (B (B 0 0 0 0 0 0 0 0 (^ (^ an d 0- J Q. J d M IL-i J J 11 (L IL IL m M M m MIL J J 0 3pae '; a€ v' -€

O o CO

LEI, T

::.€ ? a) O (fl CV N (D LC) I- CO M Nt 00 00 (O It d) (0 N 0D N T T r r a^ 'af# °6E

ee e^; edea^^^ m LO CO CO 00 I^ CD N 67 O (0 N N o Ln 00 CO (D 00 z s:::;.:: g s;;l y , ,: r T T T CO (D 19t 0) CD 00 N

ae «°^ \V ^ 1{ CO

^`veee W 0 cc U 7

^} 3..:r€:1 Cn CD

.::r v 42 € ` == ._ a)

.!.+ y' s U a) A 06 6 w GL

^fq o (B a^-o o^ o^ Q)U) C7 `^^m o CA U

s° >- •N (J) m fY o 2) o E U ^ ,^ 12r^ L 32 M J as ' a ' Z a2S +. o 0 o L M o (z ;TC U1 (Dm6-R UcnU)C5w 2mU q 0U

a :;:.::;; rn rn o) rn rn o^ rn rn rn o rn rn rn rn M M M M M rn rn rn rn a) rn g 01 >°° .;`° 0 0 0 0 0 0 0 0 0 d C)O d CS O 6 C7 C7o a^ ^a ^ o ^ 0^ 0^ O C# Ln LO CO (0 ^ I,- 1Z0 N M (D o LO °` 3e ^€ :< i N N N N N N N N N (N (^V (_V N M U-) (moo Coo r r r r N N P6fi F'sE:F;p.:;e°+ ?° j=-•ii'^ N CN(N ^^ (N(N N M CO M M CO M M d' ^e a `e_= "' e> = N N N N N N N N N CO CO CO M M M M M M Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 33 of 45

EXHIBIT D Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 34 of 45 is JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP [ APR 0 3 2009 -ATTORNEYS AND COUNSELLORS AT LAW

E D. ARMSTRONG III RYAN C. GRIFFIN MICHAEL C. MARKHAM SCOTT I- SCHILT`Z' - W n BRUCE H. BOKOR MARION HALE ZACHARY D. MESSA KIMBERLY L. SHARPE CHARLES A. BUFORD REBECCA L. HEIST F. WALLACE POPE, JR. JOAN M. VECCHIOLI GUY M. BURNS SCOTT C. ILGENFRITZ ROI ERT V. POTTER, JR. STEVEN H. WEINBERGER KATHERINE E COLE FRANK R JAKES JENNIFER A. REH JOSEPH J. WEISSMAN JONATHAN S. COLEMAN' TIMOTHY A JOHNSON, JR. • DARRYL R. RICHARDS STEVEN A. WILLIAMSON MICHAEL T. CRONIN SHARON E. KRICK PETER A. RIVELLINI 'OF COUNSEL ELIZABETH J. DANIELS ROGER A. LARSON DENNIS G. RUPPEL COLLEEN M. FLYNN ANGELINA E. LIM CHARLES A SAMARKOS JOSEPH W. GAYNOR* MICHAEL G. LITTLE SARA A. SCHIFINO

403 FAST MADISON STREET . SMTE 400 POST OFFICE BOX 1100 (ZIP 33601-1100) TAMPA, FLORIDA 33602.4606 TPLEPHONE: (813) 225-2500 TELECOPMt (813) 223-7118, e-mal [email protected]

FII.ENo. 50315.117030 April 1, 2009

VIA REGULAR AND CERTIFIED MAIL — Return Receipt Requested

Luminent Mortgage Capital, Inc., Securities Litigation c% Complete Claim Solutions, LLC P.O. Box 24765 West Palm Beach, Florida 33416

Re: In Re: Luminent Mortgage Capital, Inc., Securities Litigation Case No. C 07-04073 PJH Request for Exclusion From Class Action Settlement

Dear Madam or Sir:

This firm represents Lawrence G. Alexander and Jane G. Alexander. Dr. Alexander recently received a notice of class action certification, proposed settlement, motion for attorneys` fees and expenses and hearing thereon regarding the above-referenced class action. Pursuant to paragraph 14 of the notice, you are hereby notified that Lawrence G. and Jane G. Alexander do not wish to be included in the Settlement Class and do not wish to participate in the proposed settlement described in the notice. The information required to be provided by persons requesting exclusion is set forth below:

a. Lawrence G. Alexander 74 Westfield Lane Palm Coast, Florida 32164-7700 386-445-5527

Jane G. Alexander 74 Westfield Lane Palm Coast, Florida 32164-7700 386445.5527

CLEARWATRR # TAMPA Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 35 of 45

} JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW

Luminent Mortgage Capital, Inc. Securities Litigation April 1, 2009 Page 2

b. The Luminent transactions in Dr. Alexander's accounts (LA IRA and LA Trust) and in Mrs. Alexander's account (JA Trust) which occurred during the Settlement Class Period are the following:

Account Date Transaction No. Shares Price Amount Pd/Recd

LA Tryst 212/07 Purchase 1000 9.1999 9,488.92

LA Trust . 4/25107 Purchase 1500 8.3899 12,960.53

LA Trust 6/29/07 Sell 6000 10.0018 59,202.04

LA IRA 8/10107 Sell 5900 1.11 6,443.89

JA Trust 8/10107 Sell 1700 1.09 1,797.98

C. Evidence of the transactions listed above is enclosed with this request for exclusion from the Settlement Class.

Please contact me if you have any questions or need any additional information regarding this request for exclusion from the Settlement Class being submitted on behalf of Lawrence G. Alexander and Jane G. Alexander. On behalf of Dr. and Mrs. Alexander, I request confirmation that they have been excluded from the settlement of the class action.

Sincerely,

JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP

S Ott C. IIg- SCl/dh cc: Lawrence and Jane Alexander (w/encs.) Enclosures

126346

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 36 of 45

^O °;q°a,vi, ine0 r g^p m m _ a 2 i6 Mt e+'e7 r NCO N t- ;r y^ m °^'+ 9 . x C 3- u u1 t °f^ °'3 C_

c ZI Al

3e ^ ^ ^ o. 'o^--. id ^ e Q O

O o`r e 5. yv ^ _

G

a7 N ^ ^ C-') O r kv 7 A a .}' Tc C p7 _ _ 3a N ^ ^ = CC ^ U 0 R 39 8 O q 3.3 l{7 C7a ,^. M1 LMN *.,^ OO •^ ^ CL N eel eD O1 6 00 N ea ai aS m o m S^ D_ C es .^.^ `° °^° ^ ^ '' W N cars ^ ^ H •'° ^ 'a ^

H oo°o n

o Q 21 Oni. O tom[]. tom► N Sr } Ci C7 N N 0 M CLoCi C,4 4 O) ^D FM p^^ u^'] c6 CO N -.F j s ^/J o M 40 6^ C b

_ O

C Q

d o ^.e

W O Y '^ m v O o° A .n as W '^ ^ u ^ N Vi y f`^ ^ z"' M © w

C9 ,^ L q Chd ^[^ _ oUJ E U^^ pQ c^ LS7Ci7^^^ ^ - g U OR °u ^s Z^`^Ey0 - = ursn a C/] V - m N

CIO 60 O W -0 U

^ ^ 8^ ^^; ^^ doh Q cS ,^^ od z

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 37 of 45

., r r a ^$yg - M Um Q ]. • 8 t O M1 m "-L tG vl g E. ^/ N g p: o od e^] ci cv .v et r cO Q CO M. 3 l4-{ r a N rn W CM C N ai W3 r tYi M1 N l

O ^^

v: a a

c t. ^ m o u^ o e c o a cl e a ^c-i V1 r r de u39

o S c 8 S 0 0 0 ^^ S S Q 8 m g ^' o r N' M N r

g Z ^O C:) `g rE N ^^ O a

tl0 <`° ^ N [+l ^ ^ S iV cVmi ^ .,^° n„a ^ S S ^ ^ S y ^ S ^ ^ S S oon ^^- So C? 0 a ^^Z Q ^0¢OUp OQ C]4 qua z pO D ^ ^ ^W ^^O€-'off va DA o f..^ O 0.d m U ^' W ^' N0 S U V d Z- V Zcc N Iw _ ^^-oLu z^ a ^^z m 0 a^x9 e^

¢^"'Y- O ""' ^ O ^-O `N . t^ C O. W KC7 W p^- ^^'' PC Z O^jj 7 9 ::9 f C ^ ¢ 0.yuA rinomm ^da^^Cl^dU V' ^C70c Owz^C^t^{pp c JO CK 2 19 y^ w 4^ GC CC ¢cN ^^^ozCC A mi m RQ 0.R'0012 z o 2 U ^aF-Op^Od^0 , 0=00 w IS, 22 Lysy^ ^,,t 2 ^ {^00 0c^^oeU 00 y^ w~700y M TLu =W j V 44 F. J Q w C7Q r ^/yY-^ ^j 1^ `! 8 J J In 2 vs ^^ z — Y-J ^—1-- Q to J Iet Q^ 7 ^ A V V

P3^o ^^ZCG ^O^^0 ¢ ^C.ldSa . S inO¢^CYO¢^O m bx

os d s 0 a ^ W z > C)spa 3 Z Cr U U

OGJ G+ d z o o d a o a a _^ ^ ~^ a A s z s:. s ^ ^ 11 ^L' :^ s S eUe ° a n ^x xu y ^S i+-^ U C..] 0. R-S OfJ1 d0 ON a0. OH Sd 0a sY ^ ^ '^ ^ ¢ d O O 4 O O O tip 11-//^^ ^a O W ^^++yy C O C ` ^ C ^ ^^ A 1 ^ 1 H F- O O C O O o o O G o °^

^$ Vi ^ e^i a c c o 0 o v o n o c ^ ^ $ ^ ^ ^ ^ ms `s o ^ ^ ^ ^ ^ ^ o a a _ o `^a ^ G. ^ 0 0 4 d o o O b G o D D G P7o

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 38 of 45

kr r^ Mc.w to M M C p. p ? Lq o c co M o o. LOO O d Ill G «^ cc 'tt' 'C ice• 2 Qy m -'^ C L Qi N 'st ^N rl^a f/RF d! s

c Ia00rn 'a Z= C d^u_ Uq7 m

CD

n F C^

VI

1.0 14 LLP `6 Yai C 7 [C

-C h C w ^_ U7 S. ^ MS a 4 w '— oo c at w^ rn 'a w R cNvL mc3AU^

00 n .Sa U o

7^ ^w ^ w rn m ^ µi i Cf. Vs O c M 'CJ Mi N GO [ ` K) [L,l[[^^^ O .. tR .'L °o a w a e

G O W' C aj ^^ fl _ ^ Wx

A qZV z a^ LU s

^n F+^;[ lQry-71 ^ O Z f^ ^ H V R U2C- LIJ

m d rLUm ^s CO U e Z N = o '

s e s d E qZr o ^ *A#

l0 -1Z U

till ., !_` g 5

6.:y a c3 ^. a C^^ w ^ O ^ ^

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 39 of 45

n N W L* n fO 1n r t^ C [a M b - ',4 M j n oQ tD CO cV CO N M1 b M1 Lq G ei r= d ,- L ui u^'' r C ri o a.te 1 N r 4T CM r% O Q cl GAO M J. f^ nN'" M to MCO C7 N as Nr c'7 Z rs C ^ %7 Ci

a ^ O f P.3 ^ m k 9

CO 4 © C5 CC 1= C CJ 6 47 ^,'v? v C1. t^ tMp CP ^q T CP 4 t71= N OOCD s°: R `^ H a cci `° `° °a rb- M co

°c a o 0 0 °o, °o, o c^a S $ °c ^' Lf! N ^Cl L N9 9K] 9-In SH9 4) 17 17r r r

9

^C-4 t ^ N t^ ^ ^ w ¢ ^ .,.•^ O w w ^t '^O U O D o ^^,,^ q w U a w a uae w d V d V h 00n = ^oaypv "' 'uS ia, o yg Q r^. ^c^r w ; cam n no cn = ^° C7 N cw.^p w02 ¢ Q¢ ^zo°xC7ttO ° 2 p ri+d — ~ p bi L7 ; -' p c7a rt^a.^ `^ C7 ^u7 ^^4J V Z y ^^+^^ w _m Z ga Z^ .Z tQ F+ y J ^^¢ OUP L M L ^^CJ C7 ^ ^^Z 1^-G^^ C^^ ^i^ C7 ^ ^w-. ^p U2 ^ ^cr w ^ ^^.+ ^O w ^ Q [^O^ w ^ w .a¢... ^ Ua ^^ p U^va. w_c^Z wQ ^ r U ^--^ ^^^o^ ^ a v ^o^ov^ ^o °z^,^.=.,w ; v Qom' or ° a ^,aa°w ¢ ^^^ o z O ^v ^ ^.,c^ a^QWa^a^^ _^ ° q ~ ^ y^zYda O w2^Z^^ c ^d p ^CJ] d ^^ p^y^^ wC7Va¢^y V ^p^t^S^V .v 4 °—"w ^°Gwyf"°^c)C}7wO _ .. Q 1w tE ^y^eii OUyp^y7C7^ptn_t^j^rriC7d s^i] ^ W W =a^ w c7 oCdw —w pm Ed Op ' caspr^a ^ ^02sea^C^FSigoo. O^pa^^^0^¢C3 z U ...` O[^ u^iU W QpZ4dt'-^U7 w wrn .^.^Q w y Z_ctiy Z {a^ ^Y^^^^^oO ¢^ Ln = a w'zi`` a oazaaao Ro 0o,k` ";, g ou ,C a ^. Ws

m°v b ^ ^_ p Cr

a p wOp w wLU wp p

O g, L- .^ Jp AJ 9 - UOG .--JO .Jfl JD GC c=a vEG C^ OJ vflC Z }- AQ Q d ° o = tr) In a R O p ^ M1 M1 n r^ r p O ,u 4 On' 6 n 4n d^ a G o ^+c nn 4 4 [g m^ W v Y v D 0 d o P CD ^ T 4 ^..^ ^ #J b ^ A b. ^ ^ ^ ^ F+ r C b 4 4 4 Q QT a'd Q4 C7Q O4 bQ bV' ^e ^^ y ^ bM1 o n 0M1 0 n 0M1 on 1^c no on af^ on 0n 0M1 ^ ' f r a i-4 S m cO rn 6 a M1 h "^" ^r ^ ^ ^ 4 ^ ^ er ^ ^ ^ ^ M ry ^ 4 pp^^ q ee^^ pp 4 y .p ^1 ^ F `' d y 0^ ^ O O O O ^ O o ^ 4 ^ C7 r 0{q

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 40 of 45

Account Number: WFA3- 61329324 ,w w . ^- ^ "--^- -^^',^ ,^ 4^3^ Tnvestmenk Executive: MYRON GOODSTEIN r`i S.. . EG .ucs- - ^v^ai-Vµ ^ ^ ff4 +M1^_. 171 41 E, 781-239-2800 - 20 WILLIAMS STREET i- ^~ SUITE G-15 WELLEST-EX, MA 02481 u LAWRENCE? G ALEXANDER TRUST LAWRENCE ALEXANDER =E DTD 3123192 74 WE.STFIELD LANE PALM COAST FL .32164-7700

v.. e ^ > .aN,,..rs y `a 'p ^^, ^ 112 "es"l3: l f 'l3ii rras siceg ,r 46arr . _ I 3d f ^^tt3 06/29/2007 PALOMAR MEDICAL NEW PMTI 697529303 300 $34.97030 TECHNOLOGIES INC Principal: $10,491.09 Commission/ Handling $65.00 Transaction Fee: $.I7 Net Amount: $10,425.92

Settlement Date Account Type Transaction Type 07/05/2007 CASH ACCOUNT 16 (See reverse side) Special Remarks for this transaction: PREFERRED RATE APPLIED AVERAGE PRICE INFO AVAILABLE UPON REQUEST

06/292007 LUMTNENTMORTGAGE LUM 550278303 6,000 $10.00180 CAPITAL INC Principal: $60,010.80 Comminionl Handling $807.84 Transaction Fee: $.92 Net Amount: $59,202.04

Settlement Date Account Type Transaction Type 07/05/2007 CASH ACCOUNT 06 (See reverse side)

Special Remarks for this transaction: PREFERRED RATE APPLIED AVERAGE PRICE MO AVAILABLE UPON REQUEST

Stifel, NIcGlaus & Company, incorporated 501 North Broadway SL Louis, Missouri 63107-2188 314-342-2000 www.stifel.com Subject to terms on revarso side. Please retain for your records. Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 41 of 45

^A'^f^ ^ y^y ,fir yy. tom 5 L{J1kN ^l }4F4 - ^. Account Number, WE03- 43997270 Investment Executive: MYRON GOODSTEIN

Phone: 781-239-2800 = .-mow Office: 20 W11LIAMS STREET z fr ti_ ^:: `= SUrIE G-15 WELLESLEY, MA 02481 STTFEL NICOLAUS CUSTODIAN FOR LAWRENCE G ALEXANDER IRA 74 WESTFIELD LANE PALM COAST FL 32164-7700

°4..'^..r.i{> 08/10/2007 LUMINENTMORTGAGE LUM 550278303 5,900 $1.11000 CAPITAL INC Principal: $6,549.00 Commission/ Handling $105:00 Transaction Fee: $31 Net Amount: $6,443.89

Settlement Date Account Type Transaction Type 08/15/2007 CASH ACCOUNT 06 (See reverse side)

Special Remarks for this transaction: PREFERRED RATE APPLIED

*`i14+

Stifel Nicolaus & Company, Incorporated 501 North Broadway St. Louis, Missouri 63102-2188 314-342-2000 www.stifel.eom Subject to terms on reverse side. Please retain for your records. Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 42 of 45

s

WNW " l fa 5 _ ` 5! Account Number: W E03- 37690783 x n ,a^ Y 1 ` ^. Investment Executive: MYRON GOOD 5TEIN ^' ,' my t ' ^4^ va4 s

^. d Phone: 78I-239-2$00 ^r::.;.,^L:• .;N: ^:^^^-,^,.. Office; 20 WILLIAMS STREET =-.- rte: SUITE G-15 WELLESLEY, MA 02481 JANE C ALEXANDER TTEE JANE G ALEXANDER DECLARATION OFTRUSTDTD 5/611998 74 WESTFIELD LANE PALM COAST FL 32164-7700

Lv, M ^`n.^" .».. sl ,^ .L:: -. k's,.. ^^ .'^... .,... -,%i5i v i 3F3 ^J i§iSi-.r3 c 08110/2007 LUMINENTMORTGAGE LUM 550278303 1,700 $1.09000 CAPTI'AL INC Principal: $ 1,853.00 Commission I Handling $54.99 Transaction Fee: $.03 Net Amount: $1,797.98

Settlement Date Account Type Transaction Type 08/15/2007 CASH ACCOUNT 06 (See reverse side) Special Remarks for this transaction:

PRMRPM RATE APPLIED

+112+

Stifel, Nicolaus & Company, lacorporated 501 North Broadway St. Louis, Missouri 63102-2188 314-392-2000 www.stit'el-com Subject to terms on reverse side. Please retain for your records. Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 43 of 45

0 6 2009 Yat Wah Lee and To To Lee A 7240 Cavelier Court

Richmond, British Columbia

Canada V7C 4.18

Tel: 604-272-9263

March 30, 2009

Luminent Mortgage Capital, Inc. Security Litigation

c/o Complete Claim Solutions, LLC

P.O. Box 24765

West Palm Beach, FL 33416

Dear Sirs,

Re: CO 07-04073 PJ1H CLASS ACTION

Pursuant to the Notice "UNDERSTANDING YOUR PAYMENT= THE PLAN OF ALLOCATION" item 1, we have no "Recognized Loss" for each of the classes of Luminent Stocks and Options. We hereby request to be excluded from the list of the settlement class.

Purchased by YAT WAH LEE and TO TO LEE

May 3, 2007 Ticker Symbol: LUM Quantity: 1000 Price: USD 8.0000 each

Sold by YAT WAH LEE and TO . T6 LEE

July 18, 2007 Ticker Symbol: LUM Quantity: 1000 Price: USID 9.0057 each

(see attached Transaction Confirmations from TD Waterhouse)

Thank you for your consideration.

Yours truly,

AH WAH LP TO TO LEE ENCL Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 44 of 45

Waterhouse p iscount Brokerage

Transaction Confirmation Account number and type 0748908 - US dollar cash account TDWHC10400`7444090_001 E D 01648 Qeestions? Contact an investment Representative Toll free 1 (800) 465-5463 MR YAT WAH LEE OR MR TOTO LEE 7240 CAVELIER CRT RICHMOND BC V7C 418

`_. Transaction on May 3, 2007 For settlement on: May 8, 2007 I' Processed on: May 3, 2007 Transaction Security description quantity price ($) Amount ($) You nought LUMINENT MORTGAGE CAPITAL :'.'.:j:QOO 8:0.0:.. •. AK*8616 Plus ...... Gross,transaction_amount _ .U5D;8;000.00 Ticker symbol. t UM Commission 29.00 Security number: 406017 Equals ."Net transactlon amodnt USD.'$8;U29 00 CUSIP ID: 550278303 Trade number: 005338 As agent, 770 Wa terhouse. confirms the above purchase on a US listed" Trade processed by: 966C :marketplace fgr.settlement inyduraccount

m

i " T Important information Please review the information in this Transaction Disclosure of sources of revenue The name of the salesperson, dealer and/or c Confirmation carefully and let us know within TD Waterhouse and/or parries related to us may market in this transaction will be provided upon f 10 calendar days if there are any discrepancies. o earn revenue in addition to commission from request. a'thefollowin sources: Clients' accounts are protected by the Canadian g conversion charges on certain"trades and mutual fund TD Waterhouti .Discount - Brokerage is a di0sion d Investor Protection Fund within specified limits. r,^ P transactions, fees of TD Watefiouse Canada Inc., a""subsidiary of I A brochure describing the nature and limits of p^Id by Iissuers and others in connectionwith corporateo t actions and new The Toronto-Dominion Bank. TD Waterhouse is 8` coverage is available upon request. a trademark of The Toronto Dominion Bank, o issues, the sale of fixed income products, trailer used under license. [2 Abbreviations used in the fees paid by mutual fund companies, and security descriptions remuneration paid by US market makers and RS = Restricted shares exchanges in connection with US trades, For Thank you for choosing NVS =taon-voting shares more information,see theAccountand Service TD Waterhouse. RVS = Restricted voting shares Agreements and Disclosure Documents booklet. I SVS = Subordinate voting shares It is also available online at MV5 = Multiple voting shares www.tdwaterhouse.ca

TO Waterhouse Canada Inc. is a member of CIPF Order execution account Page t of 1 P00002037-0OOD000145 .2DO70503 550278303 4116017 Noadvlreorremrnmendaliom provided.

I

Case 3:07-cv-04073-PJH Document 173-2 Filed 04/15/2009 Page 45 of 45

s Waterhouse Discount Brokerage

Transaction Confirmation Account number and type 0748908 - U5 dollar cash account TDWHC10400 8099805_601 E D 01628 Questions? ' Contact an Investment Representative Toll free 1 (800) 465-5463 MR YAT WAH LEE OR MR TOTO LEE 7240 CAVELIER CRT RICHMOND BC V7C 418

;T-11. a E:4, 1. Irl. J exly 7 y ?:Q07 For#I,eiirient otts'luly 23; 2Qf)Z ^^ ► fRi`oeesse :..on i JUAy 18, 2007 Ttt'Ons• . secu^^#ydescr^ptiri°~: .. Quntit±' Price•($}. .. Amaunt(Sl ' Y,i 's iild. LLJi1fl1NENT MORT6AGE CAPITAL. :1.(100 9.0457 - ••^ LS*3237

, sa ton amouamount Tl:ck^r..'symbol. tM;^lul - - - -- ion --_...._. - - ...... -" ...... D9,005,70 e55 _ "O s^iis ^^5: on ._...... --•-...._. n..._._.....- . -... 29.00 acU_ ^y'° nurnE}er. 406017 - ...... - CUSIP:fLi:. 550278903 4 ' i rilafs. Net'tri tlSa. inn amountIJSO $8,976.56 `Tlrac o 0utbW.,:0.058,89 Trade':prpeessed : by- 98BC :A ageiat` Tff, Waferhouse confirms the above sale on a' U:S-listed marketplace for. settlem'en:t ii7 your account.

Nco Y ' qa

r ' r

co N Important information q Please 4eview the information in this Transaction 1)Isdosure of sources of 're*enue The name of the salesperson, dealer and/or c Corifirmation carefully and let us know within TD.Waterhouse and/or parties related to us may market in this transaction will be provided upon calendar days if there are any discrepancies. C, earn revenue in addition to commission from request. Clients' accounts arErotecte8p the Canadian the following sources: currency conversion charges on certain trades and mutual fund TD Waterhouse Discount-Srokerage is a division qrn' Investor Protection Fund within specified limits. • . m transactions, fees pard by issuers and others in of TD Waterhouse Canada Inc., a subsidia^+ of i A brochure describing the nature and limits of The Toront&Dominion Bank, TD Waterhouse is d . coverage isrconnection available upon request, with corporate actions and new issues, the sale of fixed income products, trailer a trademark of Tile Toronto Dominion Bank, ^j Abbreviations used in the fees paid by mutual fund companies, and used under license. security descriptions remun&ation paid by US market makers and a RS' = Restricted shares exchanges in connection with US trades. For Thank you for choosing NVS = Nan-voting shares more information, seethe Account and Service TD Waterhouse. RVS = Restricted voting shares Agreements and Disclosure Documents booklet. SVS = Subordinate voting shares it is also avallable online at MVS = Multiple voting shares www.tdwaterhouse.ca

TD Waterhouse Canada Inc, is a member of a pp Order execution account Page 1 of 1 P00001997-M00006199.20079718 55027830340017 14oacWnorremmmondationsprovided. Case 3:07-cv-04073-PJH Document 173-3 Filed 04/15/2009 Page 1 of 6

EXHIBIT 2

{2031 I MISC 1 00095078.DOC v1 } Case 3:07-cv-04073-PJH Document 173-3 Filed 04/15/2009 Page 2 of 6 Case 3:06-cv-00434-PJH Document 129 Filed 07/12/2007 Page 1 of 5

1 David Borgen (SBN 099354) Roberta L. Steele (SBN 188198) 2 Heather Mills (SBN 215293) GOLDSTEIN, DEMCHAK, BALLER, 3 BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 4 Oakland, CA 94612 Telephone: (510) 763-9800 5 Facsimile: (510) 835-1417 6 Class Counsel 7 [additional counsel on signature page] 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA

15 SAN FRANCISCO/OAKLAND DIVISION

16 THOMAS ROSENBURG et al., on behalf of Case No. CV 06-00430 PJH i7 themselves and classes of those similarly situated, ] ORDER GRANTING Plaintiffs, PLAINTIFFS' MOTION FOR AN AWARD 18 OF ATTORNEYS' FEES vs. 19 20 INTERNATIONAL BUSINESS MACHINES Date: July 11, 2007 CORPORATION, Time: 9:00 a.m. Courtroom: 3, 17th Floor 21 Defendant. Hon. Phyllis J. Hamilton 22 23 24 25 26 27 28

[PROPOSED] ORDER GRAMING PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS - CASE NO. CV 06 .00430 PJH Case 3:07-cv-04073-PJH Document 173-3 Filed 04/15/2009 Page 3 of 6 Case 3:06-cv-00430-PJH Document 129 Filed 07/12/2007 Page 2 of 5

1 WHEREAS, the Court having considered the Joint Stipulation and Release of All Claims and 2 preliminarily approved the same on January 11, 2007; 3 WHEREAS, the Court having entered the Order (1) Conditionally Certifying Settlement 4 Classes and Collective Action, (2) Granting Preliminary Approval to Proposed Class Action 5 Settlement and Plan of Allocation, (3) Directing Dissemination of Notice and Claim Form to the Class, 6 (4) Approving Releases and (5) Setting Date for Fairness Hearing and Related Dates dated January 11, 7 2007, notice having been mailed to the class, the Court having held a fairness hearing concerning the 8 proposed settlement;

9 WHEREAS, the Court having entered final approval of this class/collective action settlement July 11,; 2007 10 on 11 WHEREAS, the Court having considered the Plaintiff's Motion for An Award of Attorneys' 12 Fees and Reimbursement of Costs, all other papers filed related to this motion, and oral argument; and 13 WHEREAS, the Court having reviewed the entire record of this action, and good cause 14 showing; 15 IT IS HEREBY ORDERED: 16 1. This Court approves an attorneys' fee award of $16,250,000 to Class Counsel based on 17 this Circuit's 25 percent benchmark. See e.g Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1047 (9th 18 Cir. 2002); Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1376 (9th Cir. 1993); Six (6) Mexican 19 Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1311 (9th Cir. 1990); Paul, Johnson, Alston & 20 Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir. 1989). The amount of the reasonable attorneys' fee 21 awarded to Class Counsel should be based on the percentage of the common fund approach. Blum v. 22 Stenson, 465 U.S. 886, 900 n.16 (1984). This award is based on the fact that the efforts of Class 23 Counsel resulted in the creation of a common fund of $65 million for the benefit of the class; the fact 24 that Class Counsel litigated this case efficiently and effectively despite not receiving any compensation 25 for their efforts to date or any guarantee that they would receive such compensation; and the requested 26 fee is reasonable and justified. 27 28 1 [PROPOSED] ORDER GRANTING PLAIN i irrS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS - CASE NO. CV 06-00430 PJII

, Case 3:07-cv-04073-PJH Document 173-3 Filed 04/15/2009 Page 4 of 6 Case 3:06-cv-00430-PJH Document 129 Filed 07/12/2007 Page 3 of 5

1 2. Thy C ' t «r,^,A., y 10 A„AU.Lw a^. LAVAtI .,f IIAV litibatio^. -o 3t8 a^.d c^^7C118ea xcA3 onably

2 incuxi„d-R,t thc, bcrncfit of the Claw in the m-ou-t of $i`0,000.. TL, C.,, . t Lida roimburoomont of

3 suoh 000to and onponooa in the a Aou^it of $250,000 AVUO. AAULL C.Ad ".11G.GlId. 4 THE COURT HEREBY ORDERS:

5 Class Counsel are hereby awarded attorneys' fees in the amount of $16,250,000 aR$ 6 roimburoomont of oonto and oxpon000 in tho amount of $350,000.

7 IT IS SO ORDERED this 12th day of July, 211 IDIS'T^^,^' 8 9 THE HO ^`; • : Vie ►+• ^ R^^ '►^^ 10 Z s® 11

12 Phyllis • xton 0 '^' udge 13 ti 14' 15 -'s^STRIC`

16

17

18

19

20

21

22

23

24

25

26

27

28 2 [PROPOSED] ORDER GRANTING PLAYN'V7kkS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS - CASE NO. CV 06-00430 PJH Case 3:07-cv-04073-PJH Document 173-3 Filed 04/15/2009 Page 5 of 6 Case 3:06-cv-00430-PJH Document 129 Filed 07/12/2007 Page 4 of 5

1 Additional Class Counsel 2 Kelly M. Dermody (SBN 171716) 3 Jahan C. Sagafi (SBN 224887) LIEFF, CABRASER, HEIMANN & 4 BERNSTEIN, LLP 275 Battery Street, 30th Floor 5 San Francisco, CA 94111-3339 Telephone: (415) 956-1000 6 Facsimile: (415) 956-1008 Email: [email protected] 7 Email: [email protected] 8 Adam T. Klein (AK 3293 [NY]) Justin M. Swartz (JS 7989 [NY]) 9 Piper Hoffman (PH 4990 [NY]) OUTTEN & GOLDEN 10 3 Park Avenue, 29th Floor New York, NY 10016 11 Telephone: (212) 245-1000 Facsimile: (212) 977-4005 12 Email: [email protected] Email: [email protected] 13 Email: [email protected] 14 Steven G. Zieff (SBN 84222) David A. Lowe (SBN 178811) 15 Kenneth J. Sugarman (SBN 195059) RUDY, EXELROD & ZIEFF LLP 16 351 California Street, Suite 700 San Francisco, CA 94104 17 Telephone: (415) 434-9800 Facsimile. (415) 434-0513 18 Email: [email protected] Email: [email protected] 19 Email: [email protected] 20 Todd F. Jackson (SBN 202598) Claire Kennedy-Wilkins (SBN 231897) 21 Lindsay E. Nako (239090) LEWIS FEINBERG LEE 22 RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 23 Oakland, CA 94612 Telephone: (510) 839-6824 24 Facsimile: (510) 839-7839 Email: [email protected] 25 Email: [email protected] Email: [email protected] 26 27 28 1 [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS - CASE NO. CV 06-004430 PJH

Case 3:07-cv-04073-PJH Document 173-3 Filed 04/15/2009 Page 6 of 6 Case 3:06-cv-00430-PJH Document 129 Filed 07/12/2007 Page 5 of 5

1 J. Derek Braziel (00793380 [TX]) LEE & BRAZIEL, LLP 2 208 N. Market Street Dallas, TX 75202 3 Telephone: (214) 749-1400 Facsimile: (214) 749-1010 4 Email: [email protected] 5 Ira Spiro (SBN 67641) Gregory N. Karasik (SBN 115834) 6 SPIRO MOSS BARNESS, LLP 11377 W. Olympic Blvd., Floor 5 7 Los Angeles, CA 90064-1625 Telephone: (310) 235-2468 8 Facsimile: (310) 235-2456 Email: ispiro@ smbhblaw.com 9 Email: [email protected] 10 David Borgen (SBN 099354) Roberta L. Steele (SBN 188198) 11 Heather Mills (SBN 215293) GOLDSTEIN, DEMCHAK, BALLER, 12 BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 13 Oakland, CA 94612 Telephone: (510) 763-9800 14 Facsimile: (510) 835-1417 Email: [email protected] 15 Email: [email protected] Email: [email protected] 16 Richard Burch (24001807 [TX]) 17 BRUCKNER BURCH, PLLC 5847 San Felipe, Suite 3900 18 Houston, TX 77057 Telephone: (713) 877-8788 19 Facsimile. (713) 877-8065 Email: [email protected] 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER GRANTING PLAIN i irrS MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS - CASE NO. CV 06-00430 PJH Case 3:07-cv-04073-PJH Document 173-4 Filed 04/15/2009 Page 1 of 4

EXHIBIT 3 Case 3:07-cv-04073-PJH Document 173-4 Filed 04/15/2009 Page 2 of 4

1 Joseph J. Tabacco, Jr. (SBN 75484) Email: [email protected] 2 Nicole Lavallee (SBN 165755) Email: [email protected] 3 BERMAN DeVALERIO 425 California Street, Suite 2100 4 San Francisco, CA 94104 Telephone: (415) 433-3200 5 Facsimile: (415) 433-6382 6 Local Counsel 7 Richard W. Cohen (Admitted pro hac vice) E-mail: [email protected] 8 David C. Harrison (Admitted pro hac vice) E-mail: dharrison @lowey.com 9 LOWEY DANNENBERG BEMPORAD SELINGER & COHEN, P.C. One North Broadway 10 White Plains, NY 10601-2310 Telephone: (914) 997-0500 11 Facsimile: (914) 997-0035

12 Attorneys for Lead Plaintiff

13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 ) 16 IN RE LUMINENT MORTGAGE CAPITAL,) CIVIL ACTION NO. No. C-07-04073-PJH INC., SECURITIES LITIGATION ) 17 ) DECLARATION OF JOSEPH J. 18 This Document Relates To: ) TABACCO, JR. IN SUPPORT OF PETITION FOR ATTORNEYS' 19 All Actions ) FEES AND EXPENSES FILED ON BEHALF OF BERMAN DEVALERIO, 20 LOCAL COUNSEL ) 21 ) 22 )

23 24

25 26

27

28 [C-07-04073-PJH] DECLARATION OF JOSEPH J. TABACCO, JR. IN SUPPORT OF PETITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF BERMAN DEVALERIO

Case 3:07-cv-04073-PJH Document 173-4 Filed 04/15/2009 Page 3 of 4

1 1. I am a partner in the San Francisco office of Berman DeValerio (the "Firm"). 1

2 submit this declaration in support of my Firm's application for an award of attorneys' fees in 3 connection with services rendered in this case, as well as the reimbursement of expenses incurred by

4 my Firm in connection with this litigation.

5 2. My firm acted as local counsel in this litigation. Most of the tasks undertaken by my 6 Firm fall within four categories. First, the Firm assisted with the factual investigation and

7 interviewing of witnesses. In particular, the Firm's in-house investigator worked closely with the

8 attorneys preparing the complaint in this action to locate and interview potential witnesses to obtain

9 non-public information about Luminent's business operations. As shown in Exhibit 1 hereto, 10 approximately 25% of the Firm's time was devoted to investigating the facts regarding the inner 11 workings of Luminent Mortgage Capital, Inc. Second, my Firm assisted with the drafting of the

12 consolidated complaint, service related issues and case management related issues. Third, my Firm

13 assisted with the drafting of oppositions to the various motions to dismiss and reviewing 14 miscellaneous pleadings. Fourth, my Firm assisted with the filing of all papers, including the lead 15 plaintiff motion related papers, with the Court and advising on local rules.

16 3. The schedule attached hereto as Exhibit 1 is a detailed summary indicating the 17 amount of time spent by the partners, attorneys and professional support staff of my Firm who were 18 involved in this litigation, and the lodestar calculation based on my Firm's current billing rates. We

19 previously submitted in the declaration of Nicole Lavallee all of the Firm time expended from

20 inception through November 30, 2008. Subsequently, the Firm expended an additional $24,483.75

21 in lodestar. For the Court's convenience, attached as Exhibit 1 is a summary chart detailing the 22 lodestar by attorneys and staff by category of task performed from inception through April 9, 2009. 23 For personnel who are no longer employed by my Firm, the lodestar calculation is based upon the

24 billing rates for such personnel in his or her final year of employment by my Firm. The schedule

25 was prepared from contemporaneous, daily time records regularly prepared and maintained by my

26 Firm, which are available at the request of the Court. Time expended in preparing this application 27 for fees and reimbursement of expenses has not been included in this request. 28 [C-07-04073-PJH] DECLARATION OF JOSEPH J. TABACCO, JR. IN SUPPORT OF PETITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF BERMAN DEVALERIO -1-

Case 3:07-cv-04073-PJH Document 173-4 Filed 04/15/2009 Page 4 of 4

1 4. The hourly rates for the partners, attorneys and professional support staff in my Firm 2 included in Exhibit I are generally the same as the regular current rates charged for their services in

3 non-contingent matters and/or which have been accepted and approved in other securities or 4 shareholder litigation.

5 5. The total number of hours expended on this litigation by my Firm from inception

6 through April 9, 2009 is 415.90 hours. The total lodestar for my Firm is $153,346.00, consisting of

7 $100,462.00 for attorneys' time and $52,884.00 for non-attorneys', paralegals' and summer

8 associates' time. Copies of our detailed time records are available for the Court's in camera review, 9 should it so desire.

10 6. My Firm's lodestar figures are based upon the firm's billing rates, which rates do not 11 include charges for expense items. Expense items are billed separately and such charges are not 12 duplicated in my Firm's billing rates.

13 7. As detailed in Exhibit 2, my Firm has incurred a total of $8,458.39 in un-reimbursed 14 expenses in connection with the prosecution of this litigation.

15 8. The expenses incurred in this action are reflected on the books and records of my 16 Firm. These books and records are prepared from expense vouchers, check records and other source 17 materials and represent an accurate recordation of the expenses incurred. Copies of invoices for our 18 expenses are attached as part of Exhibit 2.

19 9. With respect to the standing of counsel in this case, attached hereto as Exhibit 3 is a

20 brief biography of my Firm and attorneys in my Firm who were principally involved in this 21 litigation.

22 I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th 23 day of April 2009, at San Francisco, Californi a i 24 25 i 26 & seph JJ . b. cco, Jr. 27 28 [C-07-04073-PJH] DECLARATION OF JOSEPH J. TABACCO, JR. IN SUPPORT OF PETITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF BERMAN DEVALERIO -2- Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 1 of 91

EXIIIBIT I Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 2 of 91

EXHIBIT 1 IN RE LUMINENT MORTGAGE SECURITIES LITIGATION, Master File No. C-07-04073-PJH TIME REPORT

Firm: Berman DeValerio Pease Tabacco Burt & Pucillo Reporting Period: Inception to April 9, 2009

Categories: [1] Investigations [4] Motion to Dismiss [2] Lead Plaintiff Filings [5] Mediation/Settlement [3] Complaints (Complaint, service related issues and case management issues)

NAME TOTAL CURRENT TOTAL (STATUS) 1 2 3 4 5 HOURS RATE LODESTAR PARTNERS Joseph Tabacco 3.30 0.70 1.00 5.00 $695.00 $3,475.00 Nicole Lavallee 3.80 13.9 8.10 28.40 21.20 75.40 $640.00 $48,256.00

OF COUNSEL Stacey Dana 8.00 2.00 2.25 12.25 $440.00 $5,390.00 Anne O'Berry 21.50 21.75 $440.00 $9,570.00

ASSOCIATES Julie Bai 2.50 6.7 18.90 50.10 2.50 80.70 $315.00 $25,420.50 James Magid 19.25 0.25 9.80 29.30 $285.00 $8,350.50

PARALEGALS Deborah Vanore 6.50 9.5 23.50 11.50 9.90 60.90 $220.00 $13,398.00 Katie Umpierre 0.75 8.75 12.20 5.70 2.70 30.10 $210.00 $6,321.00

Investigator Christopher Szechenyi 100.50 100.50 $330.00 $33,165.00

TOTALS: 133.30 50.40 63.40 119.20 49.35 415.90 $153,346.00 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 3 of 91

EXIIIBIT 2 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 4 of 91

EXHIBIT 2 IN RE LUMINENT MORTGAGE SECURITIES LITIGATION, Master File No. C-07- 04073-PJH EXPENSE REPORT

Firm: Berman DeValerio Pease Tabacco Burt & Pucillo Reporting Period: Inception to April 9, 2009

DESCRIPTION CUMULATIVE TOTAL Computer Research (Lexis, Westlaw, Pacer, Online Research Database) $3,467.28 Filing Fees $1,190.00 Meals $234.00 Photocopying (In-House) (@ $ 0.20/per page) $1,397.00 Postage/Fedex/Delivery $1,739.20 Telephone/Telecopier $168.96 Transcript Fees $261.95

TOTAL: $8,458.39 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 5 of 91

COMPUTER RESEARCH (Lexis, Westlaw, Pacer, Online Research Date Base) Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 6 of 91

PACER

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 7 of 91 CUSTOMER NUMBER: PAGE: 3 PATE RANGE: 07/01/2007 - 09/30/2007 TIME IN TIME OUT TIME/PAGES AMOUNT DATE COURT DESCRIPTION SEARCH CRITERIA

0.16 CLIENT CODE: 0004 LUMINENT 15:59:42 2 09/11/200 7 CANDC DOCKET REPORT 3:07-CV-040 73 - JCS 1 0.08 16:00:32 09/11/2007 CANDC DOCKET REPORT 3:07-CV-041 40-PJH 16 1.28 16:01:12 09/11/200 7 CANDC IMAGEI-0 3:07-CV-04140-PJH DOCUMENT 0 1 0.08 16:044:47: 09/11/200 7 CANDC DOCKET REPORT 4:07-CV-041 41-SBA 1 0.08 16:07:34 09/11/2007 CANDC DOCKET REPORT 3:07-CV-041 84-WHA 1 0.08 16:16:09 09/11/2007 CANDC, DOCKET REPORT 4:07-CV-0414 1 - SBA 26 2.08 16:16:38- 09/11/200 7 CANDC IMAGEI-0 4:07-CV-04141-SBA DOCUMENT 1-0 _0:08 17:59:26 1 09/11/2007 OOIDX CIVIL SRCH PG 1 07-4073 1 0.08 18:00:00 09/11/2007 OOIDX CIVIL SRCH PG 1 LUMINENT MORTGAGE 2 0.16 09:07:07 09/12/2007 CANDC DOCKET REPORT 3:07-CV-040 73-JCS 1 0.08 10:34:54 09/12/2007 CANDC DOCKET REPORT 3:07-CV-0418 4 -WHA 30 2.40 10:35:12 09/12/2007 CANDC IMAGEI-0 3:07-CV-04184-WHA DOCUMENT 1 0.08 10:5533:: 27 09/12/2007 CANDC SEARCH LAST NAME: METZGER 0.08 11:13:26 1 09/12/2007 CANDC ATTORNEY LIST 3:07-CV-0418 4-WHA 1 0.08 11:20:33 09/12/2007 CANDC ATTORNEY LIST 4:07-CV-04141-SBA

CUSTOMER NUMBER:

10/16/2007 12:14 PM .

of 39 _

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 8 of 91 DATE RANGE: 07/01/2007 0 TIME IN TIME OUT TIME/PAGES AMOUNT DATE V COURT DESCRIPTION SEARCH CRITERIA 0.08 1 1: 45 : 13 1 09/12/2007 CANDC ATTORNEY LIST 3:07-CV-04140-PJH 11:50:01 1 0.08 09/12/2007 CANDC ATTORNEY LIST 3:07-CV-04096-SI 0.08 11:51: 45 1 09/12/2007 CANDC ATTORNEY LIST 3:07-CV-04073-JCS gg 7.12 PACER-NET SUBTOTAL FOR 0004 LUMINENT

7 12 SUBTOTAL FOR CLIENT CODE OLUMINE^IT

5

10/16/2007 12:14 PTV 4 of 39 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 9 of 91

CUSTOMER NUMBER: ,. DATE RANGE: 07/01/2007 - 09/30/2007 PAGE: 1

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

.v3 ivy.,... ---. ..-..__-- ---

CLIENT CODE: 0004 PNM LUMINENT 09/10/2007 CANDC 13:00:53 1 0.08 3:07-CV-04140-PJH DOCKET REPORT 09/10/2007 CANDC 13:01:05 1 0.08 3:07-CV-04140-PJH DOCUMENT 3-0 IMAGE3-0 09/10/2007 CANDC 13:01:18 1 0.08 3:07-CV-04140-PJH DOCUMENT 4-0 IMAGE4-0 09/10/2007 CANDC 13:01:33 1 0.08 3:07-CV-04140-PJH DOCUMENT 5-0 IMAGE5-0 09/11/2007 CANDC -12:52:33 2 0.16 3:07-CV-04073-JCS DOCKET REPORT 09/11/2007 CANDC 12:53:16 1 0.08 3:07-CV-04073-JCS ASSOCIATED CASES PACER-NET SUBTOTAL FOR 0004 PNM LUMINENT 7 0.56

0.56E SUBTOTAL FOR CLIENT CODE: 0 LUMINENT

1 of 8 10/16/2007 12:16 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 10 of 91

CLIENT CODE: 1221 LUMINENT 0.08 11:24:24 1 09/18/2007 CANDC HISTORY/DOCUMENTS 3:07-CV-04686-PJH 226_0-1 3 0.24 11:25:53 09/18/2007 CANDC IMAGE8-0 3:07-CV-04686-PJH DOCUMENT 8-0 q 0.32 PACER-NET SUBTOTAL FOR 1221 LUMINENT

0.32 SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT

DIAL-UP TOTAL: PACER-NET TOTAL:

TOTAL:

10/16/2007 12:16 PIS 8 of 8 niips:iipauci .Y^u.uswuria.^uvip^wiugruuu uuup^.pi Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 11 of 91

CUSTOMER NUMBER: DATE RANGE: 10/01/2007 —12/31/2007 PAGE: 2

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 0004 LUMINENT 10/07/2007 CANDC 13:52:57 2 0.16 3:07-CV-04073-PJH DOCKET REPORT 10/07/2007 CANDC 13:53:35 1 0.08 3:07-CV-04073-PJH ATTORNEY LIST 10/07/2007 CANDC 13:53:41 1 0.08 3:07-CV-04073-PJH PARTY LIST 10/07/2007 CANDC 13:53:55 1 0.08 3:07-CV-04073-PJH 77_0-1 RELATED TRANSACTIONS 10/07/2007 OOIDX 15:52:17 1 0.08 07-04073 CIVIL SRCH PG 1 10/07/2007 OOIDX 15:52:39 1 .0.08 3:2007CVO4073 CANDCE PARTIES PG 1

of 8 1/18/2008 10:53 AM

tittps://pacer.psc;uscourts.gov/psco/cgi-bin/billrpt.Pi Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 12 of 91 .CUSTOMER NUMBER: DATE RANGE: 10/01/2007.- 12/31/2007 PAGE: 3

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

10/08/2007 CANDC 12:15:29 2 0.16 3:07-CV-04686-PJH DOCKET REPORT 10/09/2007 CANDC 10:06:43 2 0.16 3:07-CV-04096-PJH DOCKET REPORT 10/09/2007 CANDC 10:07:28 2 0.16 3:07-CV-04073-PJH DOCKET REPORT 10/09/2007 OOIDX 12:06:30 1 0.08 LUMINENT CIVIL SRCHPG 1 10/11/2007 CANDC 13:36:14 5 0.40 3:07-CV-04073-PJH DOCKET REPORT 10/11/2007 OOIDX 15:36:00 1 0.08 07-4073 CIVIL SRCH PG 1 11/20/2007 CANDC 14:22:56 6 0.48 3:07 = CV-04073-PJH DOCUMENT 110-0 IMAGE110-0 11/20/2007 CANDC 14:38:54 11 0.88 3:07-CV-04073-PJH DOCKET REPORT 11/20/2007 CANDC 14:39:10 2 0.16 3:07-CV-04073-PJH DOCUMENT 109-0 IMAGE109-0 11/20/2007 CANDC 14:39:53 2 0.16 3:07-CV-04073-PJH DOCUMENT 108-0 IMAGE108-0 11/20/2007 OOIDX 16:38:22 1 0.08 07-4073 CIVIL SRCH PG 1 11/20/2007 OOIDX 16:38:39 1 0.08 3:2007CVO4073 CANDCE PARTIES PG 1 PACER-NET SUBTOTAL FOR 0004 LUMINENT 43 3.44

3^44

of 8 1/18/2008 10:53 AM

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 13 of 91 CUSTOMER NUMBER: PAGE: 3 DATE RANGE: 10/01/2007 - 12/31/2007

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 1221 LUMINENT 2 0.16 10/05/2007 CANDC 19:46:43 3:07-CV-04073-PJH DOCKET REPORT 5 0.40 10/09/2007 CANDC 18:33:11 3:07-CV-04073-PJH DOCKET REPORT 5 0.40 10/09/2007 CANDC 18:33:29 3:07-CV-04073-PJH DOCUMENT 37 -0 IMAGE37-0 16 1.28 10/09/2007 CANDC 18:33:53 3:07-CV-04073-PJH DOCUMENT 38 -0 IMAGE38-0 2 0.16 10/10/2007 CANDC 13:52:01 3:07-CV-09686-PJH DOCKET REPORT 0.08 10/10/2007 CANDC 13:53:55 1 3:07-CV-04073-PJH 194816 FILER LIST 2 0.16 10/10/2007 • CANDC 13:54:19 3:07-CV-04073-PJH PARTY LIST 0.08 10/10/2007 CANDC 13:54:51 1 3:07-CV-04073-PJH CASE SUMMARY 0.08 10/10/2007 CANDC 13:55:02 1 3:07-CV-04073-PJH ATTORNEY LIST 1 0,08 10/10/2007 CANDC 13:55:12 3:07-CV-04073-PJH 194816 STATUS 5 0.40 10/10/2007 CANDC 13:55:38 3:07-CV-04073-PJH DOCKET REPORT 2 0.16 10/10/2007 CANDC 14:01:28 3:07-CV-04686-PJH DOCKET REPORT 15 1.20 10/10/2007 CANDC 14:01:55 3:07-CV-04686-PJH DOCUMENT 11-1 IMAGE11-1 3 0.24 10/17/2007 CANDC 09:02:44 3:07-CV-04686-PJH DOCKET REPORT 6 0.48 10/17/2007 CANDC 09:02:49 3:07-CV-04073-PJH DOCKET REPORT 5.36 PACER-NET SUBTOTAL FOR 1221 LUMINENT 67

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT6

DIAL-UP TOTAL: PACER-NET TOTAL:

TOTAL:

1/18/2008 10:59 AM 3 of 3

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 14 of 91

CLIENT CODE: 1221 LUMINENT 2 0.16 13:28:25 10/06/2007 CANDC DOCKET REPORT 3:07-CV-04686-PJH 5 0.40 12:54: 03 10/10/2007 CANDC DOCKET REPORT 3:07-CV-04073-PJH 54 18 1.44 10/10/2007 CANDC 13:00: IMAGEI9-0 10 3:07-CV-04073-PJH DOCUMENT 19-0 0.80 10/10/2007 CANDC 13:03:00 3:07-CV-04073-PJH DOCUMENT 30-0 IMAGE30-0 14 1.12 10/10/2007 CANDC 13:05:17 3:07-CV-04073-PJH DOCUMENT 32-0 IMAGE32-0 16 1.28 10/10/2007 CANDC 13:09:23 IMAGE38-0 10 3:07-CV-04073-PJH DOCUMENT 38-0 0.80 10/10/2007 CANDC 13:11:41 IMAGE42-0 3 3:07-CV-04073-PJH DOCUMENT 42-0 0.24 10/16/2007 CANDC 11:09:30 3:07-CV-04073-PJH START DATE: 10/1/2007 DOCKET REPORT 0 24 10/16/2007 CANDC 11:55:25 START DATE: 10/1/2007 DOCKET REPORT 3:07-CV-04073-P JH 0.72 11:09:44 10/18/2007 CANDC DOCKET REPORT 3:07-CV-04073-PJH 0.08 13:09:33 1 10/18/2007 OOIDX CIVIL SRCH PG 1, 07-04073 10 0.80 11:11:05 11/07/2007 CANDC DOCKET REPORT 3:07-CV-04073-PJH 2 0.16 11/07/2007 CANDC 11:11:18 3:07-CV-04073-PJH DOCUMENT 100-0 IMAGE100-0 1 13:10:50 0.08 11/07/2007 OOIDX CIVIL SRCH PG 1

07-04073 10 0.80 10:11:09 11/09/2007 CANDC DOCKET REPORT 3:07-CV-04073-PJH 12:10:59 1 0.08 11/09/2007 OOIDX CIVIL SRCH PG 1 07-04073 9 0.72 17:15:20 11/19/2007 CANDC DOCKET REPORT 3:07-CV-04073-PJH 8 0.64 11/19/2007 CANDC 17:15:29 IMAGE105-0 4 3:07-CV-04073-PJH DOCUMENT 105-0 0.32 11/19/2007 CANDC 17:25:09 IMAGE55-0 3 3:07-CV-04073-PJH DOCUMENT 55-0 0.24 11/19/2007 CANDC 17:36:17 3:07-CV-04073-PJH DOCUMENT 81-0 IMAGE81-0

CUST' PAGE: 22 DATE_^tANGE: 10/01/2007 - 12/31/2007 TIME IN TIME OUT TIME/PAGES AMOUNT COURT DATE DESCRIPTION SEARCH CRITERIA 17 1.36 11/19/2007 CANDC 17:36:.37 DOCUMENT 82-0 IMAGE82-0 1 3:07-CV-04073-PJH 0.08 12/26/2007 OOIDX 19:06:13 CIVIL SRCH PG 1 LUMINENT MORTGAGE 2 0.16. 20:06:32 12/26/2007 NYSDC DOCKET REPORT 1:07-CV-09340-PKC 2 0.16 12/26/2007 NYSDC 20: 06:51 DOCKET REPORT 1:07-CV-10275-RMB 1 0.08 20:07:34 12/26/2007 PAEDC DOCKET REPORT 2:07-CV-05423-RBS 09 3 0.24 12/28/2007 CANDC 10:16: DOCKET REPORT 3:07-CV-04686-PJH 165 13.20 PACER-NET SUBTOTAL FOR 1221 LUMINENT

1/18/2008 11:21 AM 21 of 23 https://pacer.psc.uscourts.gov/ sco/cgi-bin/billrpt.. E Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 15 of 91

SUBTOTAL FOR CLIENT CODE ,`1'221 LUMINENT' 13.20` d`

i

2 of 23 1/18/2008 11:21 AM

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 16 of 91 DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION.

CLIENT CODE: 1221 LUMINENT 5 0.40 10/10/2007 CANDC 11:53:10 3:07-CV-04073-PJH DOCKET REPORT

CUSTOMER NUMBER: PAGE: 6 DATE RANGE: 10/01/2007 - 12/31/2007

1/18/2008 11:22 AM 5 of 7

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 17 of 91 DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION'

10/10/2007 CANDC 11:55:35 18 1.44 3:07-CV-04073-PJH DOCUMENT 19-0 IMAGEI9-0 10/10/2007 CANDC 12:00:56 4 0.32 3:07-CV-04073-PJH DOCUMENT 29-0 IMAGE29-0 10/10/2007 CANDC 12:01:48 14 1.12 3:07-CV-04073-PJH DOCUMENT 32-0 IMAGE32-0 10/10/2007 CANDC 12:02:42 5 0.40 3:07-CV-04073-PJH DOCUMENT 37-0 IMAGE37-0 10/10/2007 CANDC 12:03:23 10 0.80 3:07-CV-04073-PJH DOCUMENT 42-0 IMAGE42-0 10/10/2007 CANDC 14:32:34 2 0.16 3:07-CV-04073-PJH 226_0-1 HISTORY/DOCUMENTS 10/10/2007 CANDC 14:32:43 1 0.08 3:07-CV-04073-PJH SHOWDKTTXT_1-0-194816- HISTORY/DOCUMENTS 10/10/2007 CANDC 14:33:06 1 0.08 3:07-CV-04073-PJH SHOWDKTTXT_1-0-194816- HISTORY/DOCUMENTS 10/10/2007 CANDC 14:33:29 19 1.52 3:07-CV-04073-PJH DOCUMENT 23-0 IMAGE23-0 10/10/2007 CANDC 14:34:34 30 2.40 3:07-CV-04073-PJH DOCUMENT 24-0 IMAGE24-0 10/10/2007 CANDC 14:35:27 5 0.40 3:07-CV-04073-PJH DOCUMENT 25-0 IMAGE25-0 10/10/2007 CANDC 14:36:03 6 0.48 3:07-CV-04073-PJH DOCUMENT 26-0 IMAGE26-0 10/10/2007 CANDC 14:36:28 7 0.56 3:07-CV-04073-PJH DOCUMENT 27-0 IMAGE27-0 11/21/2007 CANDC 10:07:34 1 0.08 3:07-CV-04073-PJH DOCUMENT 112-0 IMAGE112-0 11/21/2007 CANDC 10:10:03 1 0.08 3:07-CV-04073-PJH DOCUMENT 112-0 IMAGE112-0 11/21/2007 CANDC 12:42:19 11 0.88 3:07-CV-04073-PJH DOCKET REPORT 11/21/2007 CANDC 12:43:55 2 0.16 3:07-CV-04073-PJH ATTORNEY LIST 11/21/2007 CANDC 13:44:45 2 0.16 3:07-CV-04073-PJH ATTORNEY LIST 11/21/2007 CANDC 13:45:31 11 0.88 3:07-CV-04073-PJH DOCKET REPORT PACER-NET SUBTOTAL FOR 1221 LUMINENT 155 12.40

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT - 12 40 0

6 of 1/18/2008 11:22 AM

https://pacer.psc.uscourts.gov/psco/cgi-bin/billrpt.p Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 18 of 91

CUSTOMER NUMBER:' DATE RANGE : 01/01/2008 - 03/31/2008 PAGE: 12

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT

CLIENT CODE: 1221 LUMINENT 03/17/2008 CANDC 15:59:36 13 1.04 3:07-CV-04073-PJH DOCKET REPORT 03/17/2008 CANDC 15:59:51 1 0.08 3:07-CV-04073-PJH DOCUMENT 126-0 IMAGE126-0 03/17/2008 OOIDX 17:59:08 1 0.08 07-4073 CIVIL SRCH PG 1 03/18/2008 CANDC 12:20:12 13 1.04 3:07-CV-04073-PJH DOCKET REPORT 03/18/2008 CANDC 12:20:33 30 2.40 3:07-CV-04073-PJH DOCUMENT 121-0 IMAGE121-0 03/18/2008 CANDC 12:23:11 2 0.16 .3:07-CV-04073-PJH DOCUMENT 122-0 IMAGE122-0 03/18/2008 CANDC 12:26:38 3 0.24 3:07-CV-04073-PJH 231_0-1 RELATED TRANSACTIONS 03/18/2008 CANDC 12:27:52 3 0.24 3:07-CV-04686-PJH DOCKET REPORT 03/18/2008 CANDC 12:28:49 13 1.04 3:07-CV-04073-PJH DOCKET REPORT 03/18/2008 CANDC 12:38:52 30 2.40 3:07-CV-04073-PJH DOCUMENT 24-0 IMAGE24-0 03/18/2008 OOIDX 14:19:46 1 0.08 07-4073 CIVIL SRCH PG 1 03/18/2008 OOIDX 14:27:03 1 0.08 LUMINENT CIVIL SRCH PG l PACER-NET SUBTOTAL FOR 1221 LUMINENT 111 8.88

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 8.88

DIAL-UP TOTAL: PACER-NET TOTAL:

TOTAL:

12 of 12 4/14/2008 3:21 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 19 of 91

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 1221 LUMINENT 03/17/2008 CANDC 16:27:13 3 0.24 3:07-CV-04686-PJH DOCKET REPORT 03/17/2008 CANDC 16:27:47 13 1.04 3:07-CV-04073-PJH DOCKET REPORT 03/17/2008 CANDC 16:28:57 1 0.08 3:07-CV-04073-PJH DOCUMENT 107-0 IMAGE107-0 03/18/2008 CANDC 09:31:0413 1.04 3:07-CV-04073-PJH DOCKET REPORT 03/18/2008 CANDC 10:55:36 10 0.80 2:07-CV-02544-JFW-VBK DOCKET REPORT

CUSTOMER NUMBER: DATE RANGE: 01/01/2008 - 03/31/2008 PAGE: 4

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT

A 6 4/14/2008 3:24 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 20 of 91 " SEARCH CRITERIA DESCRIPTION

03/18/2008 CANDC 10:56:27 3 0.24 3:07-CV-04686 -PJH DOCKET REPORT 03/18/2008 CANDC 10:57:35 28 2.24 3:07-CV-04686 -PJH DOCUMENT 1-0 IMAGEI-0 PACER-NET SUBTOTAL FOR 1221 LUMINENT 71 5.68

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 5.68

l I

f6 4/14/2008 3:24 PM

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 21 of 91 r i

CLIENT CODE: 1221 LUMINENT 0.96 01/02/2008 CANDC 12:52:20 12 3:07-CV-04073-PJH DOCKET REPORT 0.08 01/02/2008 OOIDX 14:52:04 1 07-04073 CIVIL SRCH PG 1 0.80 02/13/2008 CANDC 12:48:49 10 3:07-CV-04073-PJH DOCKET REPORT 0.08 02/14/2008 OOIDX 14:09:57 1

4/14/2008 3:42 PT 221 of 29 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 22 of 91 02/14/2008 OOIDX 14:31:27 1 0.08 07CV5423 CIVIL SRCH PG 1 02/14/2008 OOIDX 14:51:14 1 0.08 07 CV 10275 CIVIL SRCH PG 1 02/14/2008 NYSDC 15:09:19 3 0.24 1:07-CV-09340-PKC DOCKET REPORT 02/14/2008 NYSDC 15:10:00 22 1.76 1:07-CV-09340-PKC DOCUMENT 6-0 IMAGE6-0 02/14/2008 PAEDC 15:31:57 2 0.16 2:07-CV-05423-RBS DOCKET REPORT 02/14/2008 PAEDC 15:32:23 30 2.40 2:07-CV-05423-RBS DOCUMENT 3-0 IMAGE3-0 PACER-NET SUBTOTAL FOR 1221 LUMINENT 83 6.64

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 6.64

4/14/2008 3:42 PM of 29 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 23 of 91

CLIENT CODE: 1221 LUMINENT 01/02/2008 CANDC 10:06:12 2 0.16 3:07-CV-04073-PJH ATTORNEY LIST 01/02/2008 CANDC 10:06:48 2 0.16 3:07-CV-04073-PJH PARTY LIST 01/02/2008 CANDC 10:07:25 12 0.96 3:07-CV-04073-PJH DOCKET REPORT 01/02/2008 CANDC 10:08:43 1 0.08 3:07-CV-04073-PJH 194816 FILER LIST 01/02/2008 CANDC 10:11:28 12 0.96 3:07-CV-04073-PJH DOCKET REPORT 01/02/2008 CANDC 10:12:42 2 0.16 3:07-CV-04073 = PJH ATTORNEY LIST 01/02/2008 CANDC 12:31:46 12 0.96 3:07-CV-04073-PJH DOCKET REPORT 01/02/2008 CANDC 12:35:37 2 0.16 3:07-CV-04073-PJH DOCUMENT 115-0 IMAGE115-0 02/13/2008 CANDC 12:32:56 2 0.16 3:07-CV-04073-PJH PARTY LIST 02/13/2008 CANDC 12:35:5.0 2 0.16 3:07-CV-04073-PJH ATTORNEY LIST 02/13/2008 CANDC 12:38:22 12 0.96 3:07-CV-04073-PJH DOCKET REPORT 02/13/2008 CANDC 12:44:32 1 0.08 3:07-CV-04073-PJH 194816 FILER LIST 02/13/2008 CANDC 12:45:37 1 0.08 3:07-CV-04073-PJH 194816 STATUS

CUSTOMER NUMBER DATE RANGE: 01/01/2008 - 03/31/2008 PAGE: 12

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

02/13/2008 CANDC 12:46:06 1 0.08 3:07-CV-04073-PJH ASSOCIATED CASES 02/13/2008 CANDC 13:00:00 12 0.96 3:07-CV-04073-PJH DOCKET REPORT 02/13/2008 CANDC 13:40:02 12 0.96 3:07-CV-04073-PJH DOCKET REPORT 02/13/2008 CANDC 15:27:40 3 0.24 3:07-CV-04073-PJH STARTING WITH DOCUM DOCKET REPORT 02/13/2008 CANDC 15:28:03 2 0.16 3:07-CV-04073-PJH DOCUMENT 18-0 IMAGEI8-0 02/13/2008 CANDC 15:59:13 2 0.16 3:07-CV-04073-PJH ATTORNEY LIST 02/13/2008 CANDC 16:00:23 1 0.08 3:07-CV-04073-PJH ASSOCIATED CASES

of 13 4/14/2008 3:43 PM Case 3:07-cv-04073-PJH Document 173-5 16'D' Filed 04/15/2009 Page 24 of 91 02/13:,2008 CANDC DOCKET REPORT 3:07-CV-04686 -PJH 16: 03: 48 1 0.08 02/13/2008 CANDC FILER LIST 3:07-CV-04073 -PJH 194816 4 16:04:19 0.32 02/13/2008 CANDC HISTORY/DOCUMENTS 3:07-CV-04073 -PJH 519_0-1 1 0.08 CANDC 16:05:05 02/13/2008 HISTORY/DOCUMENTS 3:07-CV-04073 -PJH SHOWDKTTXT_1 -0-194816- 16:06:1 1 1 0.08 02/13/2 008 CANDC -PJH CASE SUMMARY 3:07-CV-04073 3 0.24 02/13/2008 CANDC 16:08:51 -PJH 231_0-1 RELATED TRANSACTIONS 3:07-CV-04073 1 0.08 CANDC 16:11:34 02/13/2008 ALIASES 3:07-CV-04073 -PJH 1 0.08 02/13/2008 CANDC 16:12:07 -PJH 754_0-1 CASE FILE LOCATION 3:07-CV-04073 1 0.08 16:14:36 02/13/2008 CANDC ATTORNEY LIST 3:07-CV-04096 -PJH 1 0.08 02/13/2008 CANDC 16:15:29 LAST NAME: SENECA FIRST NAME: GAIL SEARCH 1 0.08 02/13/2008 CANDC 16:15:5.1 3:07-CV-04096 -PJH ATTORNEY LIST 1 0.08 02/13/2008 CANDC 16:16:26 3:07-CV-04141 -PJH ATTORNEY LIST 1 0.08 02/13/2008 CANDC 16:17:08 3:07-CV-04184 -PJH ATTORNEY LIST 12 0.96 02/15/2008 CANDC 16:44:48 3:07-CV-04073 -PJH DOCKET REPORT 10.24 PACER-NET SUBTOTAL FOR 1221 LUMINENT 128

10.24 SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT

4/14/2008 3:43 PP 112 of 13 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 25 of 91

CLIENT CODE: 1221 LUMINENT 03/18/2008 CANDC 11:13:03 13 1.04

>f 11 4/14/2008 3:46 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 26 of 91 0.08 03/18/2008 CANDC 11:17:27 1 3:07-CV-04073-PJH ASSOCIATED CASES 3 0.24 03/18/2008 CANDC 11:17:44 3:07-CV-04184-PJH DOCKET REPORT 5 0.40 03/18/2008 CANDC 11:18:22 3:07-CV-04184-PJH DOCUMENT 5 -0 IMAGE5 -0 5 0.40 03/18/2008 CANDC 11:21:41 H DOCUMENT 6 -0 IMAGE6 -0 3:07-CV-04184-PJ 0.08 03/18/2008 CANDC 11:22:02 1 3:07-CV-04073-PJH ASSOCIATED CASES 3 0.24 03/18/2008 CANDC 11:22:21 3:07-CV-04141-PJH DOCKET REPORT 7 0.56 03/18/2008 CANDC 11:22:39 H DOCUMENT 4 -0 IMAGE4 -0 3:07-CV-04141-PJ 0.08 03/18/2008 CANDC 11:24:53 1 3:07-CV-04073-PJH ASSOCIATED CASES 3 0.24 03/18/2008 CANDC 11:24:59 3:07-CV-04184-PJH DOCKET REPORT 5 0.40 03/18/2008 CANDC 11:25:10 H DOCUMENT 7 -0 IMAGE7 -0 3:07-CV-04184-PJ 0.08 03/18/2008 CANDC 11:25:44 1 3:07-CV-04073-PJH ASSOCIATED CASES 2 0.16 03/18/2008 CANDC 11:25:50 DOCKET REPORT 3:07-CV-04140-PJH 0.08 03/18/2008 CANDC 11:26:11 1 H DOCUMENT 3 -0 IMAGE3 -0 3:07-CV-04140-PJ 0.08 03/18/2008 CANDC 11:28:27 1 04073-PJH ASSOCIATED CASES 3:07 -CV- 4 0.32 03/18/2008 CANDC 11:29:09 3:07-CV-04096-PJH DOCKET REPORT 7 0.56 03/18/2008 CANDC 11:29:31 3:07-CV-04096-PJH DOCUMENT 4 -0 IMAGE4 -0 0.08 03/18/2008 CANDC 11:32:09 1 LAST NAME: LUMINENT MORTGAGE SEARCH 12 0.96 03/28/2008 CANDC 11:02:48 3:07-CV-04073-PJH DOCKET REPORT 2 0.16 03/28/2008 CANDC 11:03:00 3:07-CV-04073-PJH DOCUMENT 137-0 IMAGE137 -0 2 0.16 03/28/2008 CANDC 11:04:03 3:07-CV-04073-PJH DOCUMENT 138 -0 IMAGE138 -0 2 0.16 03/28/2008 CANDC 11:04:39 3:07-CV-04073-PJH DOCUMENT 139 -0 IMAGE139 -0 6.56 PACER-NET SUBTOTAL FOR 1221 LUMINENT 82

6.56 SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT A

CLIENT CODE: 1221 LUMINENT MORTGAGE 14 1.12 03/26/2008 CANDC 15:48:07 3:07-CV-04073-PJH DOCKET REPORT

CUSTOMER NUMBER: PAGE: 9 DATE RANGE: 01/01/2008 - 03/31/2008 TIME IN TIME OUT TIME/PAGES AMOUNT DATE COURT SEARCH CRITERIA DESCRIPTION 14 1.12 03/26/2008 CANDC 15:54:10 DOCKET REPORT 3:07-CV-04073-PJH 2.24 PACER-NET SUBTOTAL FOR 1221 LUMINENT MORTGAGE 28

2.24 SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT MORTGAGE

4/14/2008 3:46 PM 8 of 11

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 27 of 91

CLIENT CODE: 1221 LUMINENT 02/19/2008 CANDC 17:38:42 3 0.24 3:07-CV-04073-PJH DOCUMENT 116-0 IMAGE116-0 PACER-NET SUBTOTAL FOR 1221 LUMINENT 3 0.24

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 0.24

'f 8 4/14/2008 3:50 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 28 of 91

CUSTOMER NUMBER DATE RANGE: 04/01/2008 - 06/30/2008 PAGE: 2

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 1221 LUMINENT 06/12/2008 CANDC 10:14:13 15 1.20 3:07-CV-04073-PJH DOCKET REPORT 06/12/2008 CANDC 10:14:44 30 2.40 3:07-CV-04073-PJH DOCUMENT 121-0 IMAGE121-0 PACER-NET SUBTOTAL FOR 1221 LUMINENT 45 3.60

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT .3.60

2 of 3 7/14/2008 4:09 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 29 of 91

CUSTOMER DATE RANGE: 04/01/2008 - 06/30/2008 PAGE: 1

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 1221 LUMINENT 05/28/2008 CANDC 09:11:32 9 0.72 3:07-CV-04073-PJH DOCUMENT 140-8 IMAGE140-8 05/28/2008 CANDC 09:14:56 5 0.40 3:07-CV-04073-PJH DOCUMENT 140-0 IMAGE140-0 06/03/2008 CANDC 12:01:26 15 1.20 3:07-CV-04073-PJH DOCKET REPORT PACER-NET SUBTOTAL FOR 1221 LUMINENT 29 2.32

7/14/2008 3:55 PM 1 of 3

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 30 of 91

CUSTOMER NUMBER: BD1053 PAGE: 2 DATE RANGE: 04/01/2.008 06/30/2008

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 2.32

CLIENT CODE: 1221 LUMMINENT 3 0.29 05/14/2008 CANDC 10:30:02 3:07-CV-04073-PJH DOCUMENT 145 =0 IMAGE145-0 PACER-NET SUBTOTAL FOR 1221 LUMMINENT 3 0.24

0.24 SUBTOTAL FOR. CLIENT CODE: 1221 LUMMINENT

CLIENT CODE: 1224 0.72 •05/27/2008 CANDC 12:92:36 9 3:07-CV-04056-VRW DOCKET REPORT 0.08 05/27/2008 CANDC 12:44:36 1 3:07-CV-04056-VRW 592_0-1 DEADLINE/HEARINGS 0.72 05/27/2008 CANDC 12:45:45 9 3:07-CV-04056-VRW DOCKET REPORT 0.08 05/27/2008 CANDC 12:46:04 1 3:07-CV-04056-VRW DOCUMENT 59-0 IMAGE59-0 1.60 PACER-NET SUBTOTAL FOR . 1221 20

SUBTOTAL FOR CLIENT CODE: 1221 1.60

7/14/2008 3:55 PM 2 of 3 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 31 of 91 SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 1221 LUMINENT 05/29/2008 CANDC 10:22:42 15 1.20 3:07-CV-04073-PJH DOCKET REPORT

CUSTOMER NUMBER: DATE RANGE: 04/01/2008 - 06/30/2008 PAGE: 8

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

7 of 14 7/15/2008 3:13 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 32 of 91

05/29/2008 CANDC 10:42:56 1 0.08 3:07-CV-04073-PJH DOCUMENT 2-0 IMAGE2-0 05/29/2008 CANDC 10:42:58 6 0.48 3:07-CV-04073-PJH DOCUMENT 2-1 IMAGE2-1 05/29/2008 CANDC 10:42:59 2 0.16 3:07-CV-04073-PJH DOCUMENT 2-2 IMAGE2-2 05/29/2008 CANDC 10:43:00 2 0.16 3:07-CV-04073-PJH DOCUMENT 2-3 IMAGE2-3 05/29/2008 OOIDX 12:22:20 1 0.08 07-04073 CIVIL SRCH PG 1 05/29/2008 CANDC 15:03:11 15 1.20 3:07-CV-04073-PJH DOCKET REPORT 05/29/2008 OOIDX 17:02:52 1 0.08 07-04073 CIVIL SRCH PG 1 PACER-NET SUBTOTAL FOR 1221 LUMINENT 43 3.44

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 3.44

TIME IN rlrir vvi li,,^ i rr SEARCH CRITERIA DESCRIPTION

8 of 14 7/15/2008 3:13 PM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 33 of 91 DATE

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 1221 LUMINENT 15 1.20 05/29/2008 CANDC 09:40:29 3:07-CV-04073-PJH DOCKET REPORT 1.20 05/29/2008 CANDC 11:09:24 15 3:07-CV-04073-PJH DOCKET REPORT 2 0.16 05/29/2008 CANDC 11:10:02 3:07-CV-04073-PJH DOCUMENT 122-0 IMAGE122-0 4 0.32 06/02/2008 CANDC 09:08:32 3:07-CV-04073-PJH 413_0-1 HISTORY/DOCUMENTS 3 0.24 06/02/2008 CANDC 09:08:43 3:07-CV-04073-PJH DOCUMENT 147-0 IMAGE147-0 30 2.40 06/05/2008 CANDC 19:37:59 3:07-CV-04073-PJH DOCUMENT 150-0 IMAGE150-0

CUSTOMER NUMBER: PAGE: 5 DATE RANGE: 04/01/2008 - 06/30/2008

7/14/2008 3:58 PM 4 of 6

https://pacer.psc-uscourts.gov/psco/cgi-bin/billrpt.pl Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 34 of 91

DATE. COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

06/06/2008 CANDC 09:04:59 4 0.32 3:07-CV-04073-PJH 413_0-1 HISTORY/DOCUMENTS 06/06/2008 CANDC 09:05:14 30 2.40 3:07-CV-04073-PJH DOCUMENT 149-0 IMAGE149-0 06/13/2008 CANDC 10:58:12 9 0.72 3:07-CV-04073-PJH DOCUMENT 151-0 IMAGE151-0 PACER-NET SUBTOTAL FOR 1221 LUMINENT 112 8.96

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 8.96 f

0/2008 PAGE: 6

of 6 7/14/2008 3:58 PM

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 35 of 91

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

05/29/2008 CANDC 15:16:52 12 0.96 3:07-CV-04073-PJH DOCKET REPORT PACER-NET SUBTOTAL FOR 1221 LUMINENT 12 0.96

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 0.96

PAGE: 6

5 of 6 7/14/2008 3:57 PM

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 36 of 91

CLIENT CODE:

CLIENT CODE: 1221 LUMINENT 07/02/2008 CANDC 12:24:15 30 2.40 3:07-CV-04073-PJH DOCUMENT 149-0 IMAGE149-0 PACER-NET SUBTOTAL FOR 1221 LUMINENT 30 2.40

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 2.40

CLIENT CODE: 1221 LUMINIENT 07/02/2008 CANDC 15:16:10 30 2.40 3:07-CV-04073-PJH DOCUMENT 150-0 IMAGE150-0 07/02/2008 CANDC 15:21:05 9 0.72 3:07-CV-04073-PJH DOCUMENT 151-0 IMAGE151-0

CUSTOMER NUMBER: DATE RANGE: 07/01/2008 - 09/30/2008 PAGE: 8

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

PACER-NET SUBTOTAL FOR 1221 LUMINIENT 39 3.12

SUBTOTAL FOR CLIENT CODE: 1221 LUMINIENT 3.12

l^ttnc • / /+^o^c+r r^on iinnn»rto nn^i/nnnn /nni 1^^riMillrnt rl 1 nn^/^nnQ

https:Hpacer.psc.uscourts.gov/psco/cgi-biD/billrpt.pi Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 37 of 91

12/15/2008 CACDC

i

DATE RANGE: 10/01/2008 - 12/31/2008 PAGE: 3

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

CLIENT CODE: 1221 LUMINENT 10/06/2008 CANDC 17:46:19 2 0.16 3:07-CV-04073-PJH DOCUMENT 154-0 IMAGE 154-0 10/06/2008 CANDC 17:48:28 6 0.48 3:07-CV-04073-PJH DOCUMENT 152-0 IMAGE-152-0 10/07/2008 CANDC 09:17:55 19 1.52 3:07-CV-04073-PJH DOCKET REPORT 10/07/2008 CANDC 09:18:23 4 0.32 3:07-CV-04073-PJH DOCUMENT 156-0 IMAGE 156-0 12/05/2008 CANDC 13:40:16 19 1.52 3:07-CV-04073-PJH DOCKET REPORT PACER-NET SUBTOTAL FOR 1221 LUMINENT 50 4.00

SUBTOTAL FOR CLIENT CODE: 1221 LUMINENT 4.00

i

i i of 3 1/21/2009 9:41 AM

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 38 of 91

SUBTOTAL FOR CLIENT CODE:'

CLIENT CODE: 1221-LUMINENT 12/10/2008 CANDC 09:26:38 19 1.52 3:06-CV-00430-PJH DOCKET REPORT PACER-NET SUBTOTAL FOR 1221-LUMINENT 19 1.52

SUBTOTAL FOR CLIENT CODE: 1221-LUMINENT 1.52

15 of 26 1/21/2009 10:24 AM Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 39 of 91

WESTLAW RESEARCH

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 40 of 91

x '77\ +io o C N s ; M + M b A U

^nav ^.

-- o c

8 s 9- C O N 7 0 W, 0.0

r OD `i M^ 00 cyU M M

N

U C E 0 C 4 O CL U

VD F C U

y V O O ^ E O 00 C Q1 O 01 V OD w N d

N H r-

A y d E A R .E Z a^ 0 LL C-. p Z J m N < A E X

ham- Q Co W N Z . W p ^ U) M

O4. L2 bl) D U a Cd O -^ w Q o o^ W , U N O Q v Z .0 M Q ^ m

U m O in v z M w 3 E Z G) 5LJ. r. CLLC y O 2J ^V. U. w U --s C. C N ! d~ M N '> 0 U aa)

7 N N Y * a

.r

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 41 of 91

1 ^O 6 Fy ^ N ^ ^ r ^;. ^% L N

F-o F -ru a

CL `a 6q

1,7 c

O f»

C) '0 0 c. rn 64 w tq Z

J y,^ N WV

o c

m v ^ U c J U1 V O O U N O Q y U u ^ O

—' U H E n z n y cOi LL h a i^ CU M J i0A Q N C, O N F o ZI W M ^ a o

a z> E)-.D rn a

J 0- 72 O= P Q N 8 Q a f zm z v < oE E u LL v m z° cn v Z C Z C G! ^ _Z pi; ps. K

1-+i - 7 •t' -J I s ° m 0

O . O N Q r-L

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 42 of 91

00 +1 O ^\ v o M N N L Vy

m co M V M

1 m; O w fA " Y E o t+ Q

o C' 0

U U N

N U Cm FE 0 Q C O ° CL ; U U N (4 i N N d E U O J U V O

N ^• N I Mc0 d.Vl C +-) r U m M O c O U w n U .. zZ n E t^

LL m o ZJ p x Sfl n J ^ ^

¢NCOo o •- a N rn bOA cd ue U C4U CO T

a, O Y ^ ¢ O ^ W ^ O v rxl- O Q N E v ¢Z N (6 L E P =`Q m E O m (n V z U

M .O Z N rn o LL J U 3 ^' •.r

0 CL C 'f Q 0 0' C N ^, V ' Imo: C O

Q I°^

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 43 of 91

n :^ 00

CA ^ M Ez y ij 0 'q

zSE ;M a^.t ti

oc :^ co 0)' p N el

0( < O wj N

mU 69 N

N C M v E U C F- V Q' . U a C CD N U A. (0 rn U) .- N m C E U J O N O m o 0 y N Gt N 1 ^ :^* O O +_^ N M E p 0 U :° Q

Z E sn a a+ NM F- v LK LLm :° o C'• Q A Q. E Cq

^ o LY+

w N N a a C:) - w c O U a7N CVI J ^ Co O O 14 LU O Q v N Z N Z O 2 a)C E V CO ^ N V E O LL U 0 0 0 CL

tra "N u m p^ a io - i

w Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 44 of 91

n

° ' y co ao n "t rn o C LO ^^ t 04 6N19 '

as S('iy

.0 C ^ 0

cd £" fq A U -.yNg

m N O C s_ w 7 N O ^" C O U V v> q O 0 O ^} r q Q

ago, o a> U p M LO O C M O t- U)CC 613 • ^. l V ) 33 CL d E

O La^ U ^, ^— C N W U G E G ^^ O i

U) M C 's+ Q N N E U O 0 U h d 0 CD °; r; UEZ U) y { ' n a i= ^, fs ^ `^ LL O Z N 0

® ca ° n N Q _ ^ Z H

^ p O Q (1

Z Z v E .t } cg' E '• m o U) v z z w

f0 a C a+ J J ' O d CL C N { Q q LL I c c

N O 0 G^, •.CG , C i v ^ cn rn O v i m m

^ .^a.^3: ^ ^' Q a f^- I- I

o Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 45 of 91

LEXIS

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 46 of 91

W m Z

Z O 1p O ^O .--^ O Ol O in V' .-^ ^O m O N O O l0 O O M N C; OU N w V w w N w M w N d W w ... w N V w Q Uo oH Ce6 U r x ¢ U CO ¢ Ili F O N et5 N O O V ) V V1 O w

o ¢ 0- U ws O o w o^ r+ o m o ^n v J U X O W O N O O ^O O O M N < H . < p N w 10 w i0 Oi w m w w W U Q r r+ w w w wNw-, C O Q 0 o Fy < K Ui r )a.. - O¢^ ^.- ^W WU m K N m N E= = U o V w r o o w G p ^ ^ . n W d ^n r ^ 1 ^ r o O U _ C7O ~ F LU o U

< < w ZW h o„ .Q < J L W U o LJ Oi 2 ¢ N

^-+ i' o ^o o ^o o rn o ^n v O Z.', O m O N O O ^O O O M N H Y/ ` r w^ w Vw w w Nw w Mw w^ N O w ^ 4. Wr O w ^ W Z d ^ w CD O d

^^i m y m o O -^ O fA in r

ti F m w N .-+ w V 1^ w 1--1 ro ^ w ^ w v a J F^ or w

^W o a F O o o N 0 0 0 0 O N N M U r ^ O V1 M Ot w O ^ Q OM^ ZO ^ w ~ w w w N ^ K ^ m U' w w ^ N

V Y O.. V N .-+ M O J H O O O O Q O O O O O

_ cr_> W f::

^^ U • G a S r T J^ ., .

X

Z r Uw r o Y W K W W F- )(A N F 2 N N Z W 2 w r • ^^ ¢ t•- v K U U (^ U. K OU U W V ON I? I N I? F--Q W C' 2 O' n 11 2 X O In U W r N W Q d' O Q ^_ ~ J W W 0 d "2 W N Z W Na r J W O p (a'f I N K 1c O cG Q ^ ^= J w Z U w z? w z Q ¢ Cr In J W I '^ O w 2 _C N_ z N z m> Q z m w z m> O~ U X J `L' U CI O Z W X J a J U= J 4 U OU a ^% J a VJ O N O U o W O U a 0 ^' Q U LL ^ 0 0 0 0 ^w)nz w - w m m m W N ¢ W ^. Vlll^^ m t V) N '

9L99 05A

09 £tA Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 47 of 91

^i

O f U s Q V Q F NO W N OiO W ^ NO in o a Q ,w v r E rn _ o Q r^ U rn W O x ri Ol Q ^ r W o Qz N O O ~ Q W w Wm c w Q CO N Q= Q oo . U y, r w 0 o 0 N r ^ LU r z a z WO--N W w o_ O > aN Cl) Z N

V

Z Q U 0 L d O 4 J WN N H °N Cl) a o W zW z (n L Z V z r __ 0 1/n! ^ F- z O n 7'L W W o 0^ WHO zFd O W -J Q U z - °- IL z Q _

CD O ac U .. O^tn r a m r s m W W O v ^ _ ^ F o qZ

U r nl

CO N

y r

0_

W r®

O LL W Q Oa•W r lA N ` N N Zu, Z N V LUU Z Cn W°V) W .•^ > ' Q F'" d' W J • ^^ W a F- Q ONU X H [ , / ^ H Q r w o ~ J ~ O O W M U ,=y, F 0 U O J Q J W

U

W (tt Il CO

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 48 of 91

w m E

FZ \ Z — —a O^ 1. U ^ w N U ^' Q O co U ~o ^d U' H x Q U m Q In F O N— .4 N w ct O In o x µ w v r M rn oQ

wO v .r w U ^ n Eti Q 1n w W ^ Z 1- K UIy Z K ^ C,. ^ - - p W W wm O Ix N m Ln — Q S 2 U oo

W d o tN- z

O W W U CO N o 0 ' w W > o H z H = Q I r- 0 o Z^ ^^ w 1= 0 U U O o C O O Z — zUz M N Vf o M O t w Y- R W .z w O z W2 O 2 d U. ZU w c^ 0 U Z z y m — ^ J O' H f CO a m

W o 6 LU O v F Z O °o

Un z N.i O O ^^ m ^ N

F

0

r® /w7 V ♦ (W9

O u X LL n , UO \1/ a W Z m Q ^o a H lA N H I N N -a O N O () VlW W ! W I W N W ^j o.^ Q N JI X O N U W 1 D' Q 1 ^, Q JQ K N 1 Q - p W L, U 2 I Q^ t1 Z 1 F. ® J Q J 1 2 U Q U LL W cc LO M de ~ W N Q W U "`///111 CO V1 ?

Z9ZOZ £iA Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 49 of 91

LLJ m

^Z N O U a O U J w ^ U a w OU O 6 N s U< - U m Q U) F- O N «1 N O WV O N O O WQ ^ Q I d 01 N ' O Q i-r U W O N O Q J U X a O ^ N ^ w N w W I Z F- K w H Z K ^ O O Q W W w m Kf Z ^ F'i m In a = =u o V U. r 0 o a « j aJ oo v O g^ o z W ^+ Q' U t Cn a W w

-L N f="' « Q 1^ O O ZJ ^'W w U o w o Ooze O ..zi ~ LUm 7 W O Z J= a o H n o Iq F, i ^ w ^ W ^ -J =O N O w J a V 4 z a 1!. = 0 c9 O me Q Uw z z y m ^O J O ^ m F f H GO J Q ^ W W o a° ^` FQ U Z ^ O O

^ ^ O OQ N , ^ m ^

r o ^ ^^- o a 0o 0

v ,) W

a S U x O ^y v n , U O W Q W ^W a F-A N F N N N v U f • V) c s H wvFrn W a < N Z X O to U W r2: J w + O Q Q d' N J O w U Z ~ U o ^--^ z W O^ ZI Q U JW 6 Lnz f w N Q N U

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 50 of 91

W m f

z ° O U U n. w U w Q O rQ ^ U^ 1-o ax Q U fY^ F-Q InO N oil N ' W V O N O X O Q Q N d O^ ^O QU w.0 O O a a F ^ f- Waz a w °'

p ¢ W W ~ w (? V' ti mN aQOC — = U o

130 0 < w o F d ^ LU Q O U O z W W. 2I < M >, 0o Z W x o^ Q n O v w^i Z U O O C

C) M z m O U)-z z w N W 2 W~ ^O W z Q z U.J Za U0 w co v z ZOca y m ? J O = F N `" F mY y w a f ^ x x W G °a F- F- z — ^ o O ^ U w ~ 0 0 CO a N

r

r- a 0

v • (W7 • ^^ U G X a QU Q O I n N N N Z m^eta O i ^- v /^, w N OV W •^ QV) F-w V 2 wv^rn f ^ {- Q J X O ^ U W O JZ U J Q W Ow UV H O J Q O Z Q 2 Q^ V i W ff ^ d' In Z J

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 51 of 91 'ccounr rorx

W an

F- Z ,. °o nn o ° .n .-. o°° ° °° om r-r ^^m rn U O w w - w w w w w w° U o a< x w Q U o a U F- x a ^ m a .n H- o N ot3 N O O W In O N < ^aw rnd' F r r r r r r O Q w O n O .--i O O O O O ^O WO _ O o in o o O rn NJ U x ~ w w w w w w w w w N w U 0 Z O o y z ^ N LL p ¢ w W w (^ l9 Wm C H m N xUQ = o v^ W U N Q ^ o a W q ~ z r r r r r r r ^ gr i O °U W u z ^ U ^° 0 a M ^ C ti o W < W p U x W F

J W r r r r r r

Q^ x 4 O 0 4F 0 w G d' U O LU z V) I-- O ?.z ON - WJW^ oO^ ° oti O O0 0O 0o N brn F CD U) -N a wr o0 o aa - r^ O J'`p WZ x ^ W; O w J Q U=O a z a U. Z U W cD 00:aW m J Z 0 > > 0 J W N Oi V u^

CO ~ F w w w w Q mJ a ^^„ r .. r .^ r r r .^ v.Nn N oc ^ Q w ~ o Q W W Un Q F ^z. O O O O O O O V1 O O ^ V F... N ^ W .+ vi ^n z U N^ w w w "' `'' Q O r r i r r w m Q 7N

M n n O N th O .-^ ^ K ^ .--i O N F ^. O O O F .. a O O O O O

V ♦ O • ^^ aU Q X o U W V/ ¢ w u_ aCO oCn d In N N 7 N („ of O w N N Q In W O >U w W Wj w Z W •^ aF- d K U K w K U Q l7 g W In Oi w 7 U W. 7 Vl r2 ?:3 o. f 1- Q a no, Z J X O In U ^y 1nW Ww K 2 Nw 7 LL 4 K Q w U ww O Q w K? w LF^ Q z J Q U Q F Q O O U j LL' U= W N O !- z N Z j O Z J D Z w ZJ Z UN1 O OO r--r z W X -^ '^ W J Q Z J a U~ J O N Q O '^ O "' O N o ® .Qz¢ U a U wZ. KLnZ ^- U W N Q (l m d ^/1 N 4'

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 52 of 91

• m w n J" oO c O vN N •• •• •-• _ • n MI w w ^ Mv w w

^ ^ o Z I I I w F Z

O O N N U O O ^ p U w w"' n Q I LL w w 0 U mQ H c °^ N O LH N O w I o w

d v

Q ^U w ¢N o

w 9 zQ N U O O N N iu) O o v v WLL w w^, w w QaQ' w

C.1 N NN a W' 0 ^' M M w gwj I I w W y O w. z Cd Q W JZm ^ Z W ^ I I vi ri OVZ ww fA-h O Xfz Z WQO oo m m _

U - tq^U - °o, O o Wya Z> J^j U. 0 10 J I Z OW

9z2F- ED tUWO Q m y

lea) Q c= ti dw ^4 Uo U iF^ m 0 r ¢ N W I ai N Ff i w NN D [.__ U)O W zW (If dWQI_ w T KW I >1 w J7 w rn (a-( (I r of U w W I^ Q U Q I w w z w I c_^- - 0' F C7 g Z CO I W J 1- 0 O UU ^' z0wgw=oi ^^ V JQZ J! W J w J Q^ _ J . Q Q LLK U J a 0z QI. 0z Na jW j UI W a a y ^^Na _

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 53 of 91

i^ m o v e Y. r ^ly w w N 1

LU —^ m ° -

f X °

^ Q I I N z Z,F- 7 I o co In 0 0 0 ° o o v U w w M Q a.U a O U 20o^ Qm a0 f-InQ °o MN LL ^Q N NV Y tlI KKz 4 0 r 2 OV FUUQ C JD Q^U % c NW_ = w Q ^ ^ KQ I I t{I w I W U O O LLz 0 i UQl = °o, o o w » a0^o d'w =

L) nA w _ m O; i O Fz F- WC Z d v. w w ^ O ~Q ^ ^ w go a y U W F Ir^ z al 1 u a W ° M o 0 — zw e v i 0oyz N w Zw1^ V Ovz (3Q N U) ^ F- Co _p wzM z W (0 n

U NZU f o wQ z (Q Z J>> O U.>. W

I OF

awz nl zr- WUwO ^U Q m V1

U I b^`_ a I U0

(t /y F o J :i W I) N Iz dC...J V10^ I W z Gt,^ Q N O I V I > d H cn 3 w O F UQ 1 n L II I 2 ZO(n zW wM J w w2 OF

fi...-._,.tit V LL z i Q +J/f z W ^ W~ [}QQ^ I N a O fn U 1 54+ ^_ Q Q U

Case 3:07- cv- 04073- PJH Document 173-5 Filed 04/15/2009 Page 54 of 91 . m \ y /§! 0/ « §; .

ZI / ^ }. . . j 20 \ LL (( ^M .

` )\ 0< ^§o /} § 22

k 2 0I°S . k LL ^¥ ! § w 7 w§ „

K ° .| e

\} \z ^k k§^ — — n ®Ma . . z^§ § ]2n L) r- o 2 2 & n – mJ^ ^ a ^ - < z§k 2Uk. C.) Lr5 a; k. LL-iIk^ n \§2^ 6% § ^ ( . ^ . § . F-

n s^ a

f 0 § / . . . m _ © m§ . I R ® )j) 2%3 { ( \/ , S ) Q Cv § /) \ \ : j )\ ) _j .

Case 3:07-cv-04073-PJH Documentry 173-5 Filed 04/15/2009 Page 55 of 91

y M

0= U

rQ .^

a j^ O U J r e» m p0 r w r p w at} N WN m Was a.0 U— w pQK QO J jZ o z Q z °U U K U O Z N w 2 Q ZZ ra N w F w ^Q. O

a

I U N w O 2 i^ r w r^ w QQ ZQ w JW U_ O Z gym.. W ZWw D W M m

— z^Z7 UQQK O op N y r r a O Z WZ0O U Q U WUU UQ m

? JUN 00 v> 0 N Q Z O O F, —

N w

G51

^ ; f

a ^, W N Q ^OV w 0- -^^

r-----' ~z - 2 z O0 w V LLz V J^ Z J m ^zU LL JW_ Nc^ ^^ v 04 Qvi U

Case 3:07-cv-04073r -PJH Document 173-5 Filed 04/15/2009 Page 56 of 91 N o J W yq f ^ - oa F- x U

_

F F

nv X b O Jr U QW m OC i I-^ <^ w M} N m W 0 N Y!Q o IL m Q LU WO KU y¢ F Jp -J DZ J Z (1) O OZ OU Z W Q W Q >U LLQ z IL Z N w wv 0 O

Z F o U z W wn QU HQ Zo W JI- a U wz

Z 06V W. `- N N o Z OD W 64

Z1%KQ K q O f .V)) xN U Q O2 W b > w U) u> z -j a 0 OLL oa Z O — FQ= N w H

l[^i

OD

F- ^^ Z W ZF- Z W U i J

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 57 of 91 w. OU

rYW

_ m

Z Z. ^^ f0 0 1 6 V I vi a a XQ O Hs ED O O F m -0 N w N

• Q wCLy 0 A ¢ y^ cco Z <0 00 O Z

U LL "_ z a Z COa :w0 w (9 0 ^ ^ 0 Q 69 I V F- i 1 C w w^ H z0 c a U w Z Q m W N adV Z wm Z J Y ^ Z 02 .-

zZ Z u°> w OD U v3 Xv N~ ZU. ct O O c^ Q z O QF -N w F-

z

r^E

- Z w ^ z w J iJ i

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 58 of 91

I N N J W W) N W

^V fD

2

0

U Q vl C'!^ m XQ ^o N '

J O LL LL W

0 J m WU W o^ a N ^

I" z . 2 zi Z 00 O F Q W a S

O K 0. Q W Q F' ^, V Z O Q U O

U W c`*v Q h N J z M N wig zo 08C.) Q W Z

JK o O W z m9 z to F W m W ^ X of QV ^ ^n N U):3$ Z a WV

LLa N O t9 N z OZ ^^ v^' FQ KO Q O^ N

lx I u r • in!NeY'

1 !!ItlY.MJ/.

A!^1^1!14F • I r

V.A,- P W

- - Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 59 of 91

r mw

ti :2: —

U_ ^ ^

Q m Q CD ^ v

a m a F- w — QN In 4O F O i

W .-I 6 Q - ' xx ^ S Q ^ { h ZZ ^ ~ 0Ui f FO- 4 Wc' H m m F- W Z m V 0

) •1! LUo Ow cj^ o Z z a a -3 W O _ C.) ) 0 U U w a p fA m ti w } Q } Z ) W GC Q H N ~ L U W ^ o O ^ J W z LL H w 7 0 U Z O c^ O 0 U > Fa z :a ,J ^ ^ W O w ^a w F- W z w 0 F- E tD V V) w 4 v7

OU Q

O F O. NV) 0Z N CO EO w ® c^ a

X^l W

X

z Z wZ W •, U

Ilse e°^ Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 60 of 91

W CO Z r z — _ m b F._

Q. ^ r C N O O Q ^+ U F- x ti V Q (Y1 Q H _— — w N Q to 00 V r O ^._ rr Ol W N No — F 0< Wo ^ ^o U r. W o O W v w m CO H w

U wn — F- gr w ^a F- h w = Z ^ oiS youvi o 0 w Zw < J WZ Za z0 wV-1 w 2 U^ m} Na W W Y a °L v M w v X^ 'o wM p J y z LLZ — U z O

^ Q w o N_ mQ

w F-

NW r v W V r

oz va

0 of N ^Z N O O ^

Ca7 Q

.^ V ^

i

I - w

• rr X

i F- ^b z ^„ W 2 Z U W ^ f J J

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 61 of 91

0 of ^ vi y M JW N N w N F^ Q Q U LU o W o m c 7 F 1 1 1 w FZ Z z O 00 O O 0 v O V M U U ^4] ^ w f9 N Q UFoO ow m m

O elJ C-4

LL qUQ w !n N G Q^ (/ yF I 1 I Z Z O m z0U RU c WO r °o 1^ Y = N LU 1 I 1 ^OZ 0: R'Q W O UQ^2 LL (7 ~>U * 1LIQL Q o m o 2 co (n F.. Ow of vi U w w N WLL W0 K ZFQ Qa

U- F o M O LU LL U - N .^- e QOF- 00 W 0 0 ^^ L f I w M N W U w ¢ 0 0W o gWy 1 M W w c g M 0 ^YY Z wQ ` 0 0 0 O W Q^ O N N

Z~m NZ - N O W JW ^ OU 1 NNw Z ]Z 02 ti o 0(.) Z UQ OHO Xr') O W p N W U ZZU o XWQ O a m' ujW Z U. 111111 J_ Z Q 2 W ^O ffffffVVVVVVZ ~ ^U ^UWO Q 7m y

w ^- a o

,^ m p F 0 a W W WNN 1'0 U) Z D^^ QNO U

K F- d W U W t^+1^^1 1 O u)Q j WU)^F-U Q iCZ^ w w , w p U > fn Z 0 w00 OLOU W Z Q w / U IL Z J Z ul Z ZW U ^ Qj BULL , i ! =WNQ WmV to

fe

Case 3:07- cv- 04073- PJH Document 173-5 Filed 04/15/2009 Page 62 of 91 ^ }\^ . .

§( w . . .

z . § § u ) 2§§

. S9 . §W . .

C,4 % ^§ j \ 4 §% §6 2 \\ §2 2 § kg ) ^ @am; . ¢§7 ¥ §n o WLL ^| 0 0 o §( « o G = § § E ; ^S ) § °§ § _jm. § g § \ Wj § k 2 ^ ^ 2 2§ ./ /^)Rwz (O|

.\ k wu . 1 ~ 0 U a LU*M ! ^/; m | om §/ :z . , 0 . q§ § .

^ e / 0 w

EL 0 B , . w ^ — /« r . w mmwy\ C)m)% k® - §$ . ` 0-7§ eak - ZF q §% . ) 2%G j ) \ / § ^a7a 2 (R¥QQ . . §§ 2% ' &/§R§.^ ,S Z E2 § w§^0^4,a _ m^Eese§ . ƒ \}\\7 (§)\ , ` mod§ Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 63 of 91

Onli'*ne esearc DataBase Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 64 of 91

Billing Period: 11/01/07 - 11/30/07

Login ID Reference Code Date & Time (EDT) Price Total Luminent Nov 26 2007 12:55PM 5 Luminent Nov 26 2007 12:56PM 5 Luminent Nov 26 2007 12:56PM 0 Luminent Nov 26 2007 12:57PM 0 Luminent Nov 26 2007 12:57PM 0 Luminent Nov 26 2007 12:57PM 0 Luminent Nov 26 2007 12:57PM 0 Luminent Nov 26 2007 1:00PM 0 Luminent Nov 26 2007 1:OOPM 0 Luminent Nov 26 2007 1:01 PM 0 Luminent Nov 26 2007 1:01 PM 0 Luminent Nov 26 2007 3:07PM 4 Luminent Nov 26 2007 3:08PM 15 Luminent Nov 26 2007 4:33PM 0 Luminent Nov 26 2007 4:34PM 4 Luminent Nov 26 2007 4:34PM 15 Luminent Nov 30 2007 2:47PM 5 Luminent Nov 30 2007 2:47PM 15 Luminent Nov 30 2007 2:49PM 0 Luminent Nov 30 2007 2:49PM 0 Luminent Nov 30 2007 2:50PM 0 Luminent Nov 30 2007 2:50PM 0 Luminent Nov 30 2007 2:51 PM 0 Luminent Nov 30 2007 3:01 PM 4 Luminent Nov 30 2007 3:01 PM 4 Luminent Nov 30 2007 3:01 PM 4 Luminent Nov 30 2007 3:02PM 5 Luminent Nov 30 2007 3:03PM 5 Luminent Nov 30 2007 3:07PM 4 Luminent Nov 30 2007 3:08PM 4 Luminent Nov 30 2007 3:09PM 5 Luminent Nov 30 2007 3:09PM 4 Luminent Nov 30 2007 3:12PM 0 Luminent Nov 30 2007 3:13PM 4 Luminent Nov 30 2007 3:14PM 5 Luminent Nov 30 2007 3:16PM 4 Luminent Nov 30 2007 3:20PM 4 Luminent Nov 30 2007 3:21 PM 4 Luminent Nov 30 2007 3:22PM 4 Luminent Nov 30 2007 3:23PM 5 Luminent Nov 30 2007 3:24PM 0 Luminent Nov 30 2007 3:25PM 4 Luminent Nov 30 2007 3:25PM 4 Luminent Nov 30 2007 3:26PM 4 Luminent Nov 30 2007 3:27PM 9 Luminent Nov 30 2007 3:30PM 0 Luminent Nov 30 2007 3:30PM 0 Luminent Nov 30 2007 3:31 PM 0 Luminent Nov 30 2007 3:31 PM 5 Luminent Nov 30 2007 3:32PM 0 Luminent Nov 30 2007 3:32PM 0 Luminent Nov 30 2007 3:32PM 0 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 65 of 91

Luminent Nov 30 2007 3:32PM 0 Luminent Nov 30 2007 $:32PM 0 Luminent Nov 30 2007 3:33PM 0 Luminent Nov 30 2007 3:45PM 0 Luminent Nov 30 2007 3:46PM 5 Luminent Nov 30 2007 3:46PM 0 Luminent Nov 30 2007 3:47PM 0 Luminent Nov 30 2007 3:47PM 0 Luminent Nov 30 2007 3:47PM 0 Luminent Nov 30 2007 3:48PM 5 Luminent Nov 30 2007 3:48PM 4 Luminent Nov 30 2007 3:48PM 4 Luminent Nov 30 2007 3:49PM 9 190 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 66 of 91

CUSTOMER NUMBER: BDO073 DATE RANGE: 10/01/2007 - 12/31/2007 PAGE: 1

DATE COURT TIME IN TIME OUT TIME/PAGES AMOUNT SEARCH CRITERIA DESCRIPTION

SUBTOTAL FOR CLIENT CODE: LUMINENT 20.48 SUBTOTAL FOR CLIENT CODE: LUMINET 4.24

1 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 67 of 91

Billing Period: 12/01/07- 12/31/07

Login ID Reference Code Date & Time (EDT) Price Total Luminent Dec 3 2007 11:12AM 4 Luminent Dec 3 2007 11:13AM 4 Luminent Dec 3 2007 11:14AM 15 Luminent Dec 14 2007 12:53PM 4 Luminent Dec 14 2007 1:01 PM 4 Luminent Dec 14 2007 1:03PM 0 Luminent Dec 14 2007 1:04PM 0 Luminent Dec 14 2007 1:04PM 0 Luminent Dec 14 2007 1:04PM 4 Luminent Dec 14 2007 1:05PM 0 Luminent . Dec 14 2007 1:05PM 0 Luminent Dec 14 2007 1:05PM 0 Luminent Dec 14 2007 1:05PM 0 Luminent Dec 14 2007 1:05PM 0. Luminent Dec 14 2007 1:11 PM 4 Luminent Dec 14 2007 1:13PM 4 Luminent Dec 14 2007 1:17PM 4 Luminent Dec 14 2007 1:21 PM 4 Luminent Dec 14 2007 1:33PM 0 Luminent Dec 14 2007 1:33PM . 0 51 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 68 of 91

Billing Period: 01/01/08 - 01/31/08

Login ID Reference Code Date & Time (EDT) Price Total Luminent Jan 2 2008 11:56AM 0 Luminent Jan 2 2008 11:66AM 4.6 Luminent Jan 2 2008 12:10PM 0 Luminent Jan 2 2008 12:10PM 0 Luminent Jan 2 2008 12:10PM 0 Luminent Jan 2 2008 12:11 PM 0 Luminent Jan 2 2008 12:11 PM 0 Luminent Jan 2 2008 12:11 PM 4.6 Luminent Jan 2 2008 12:11 PM 5.75 Luminent Jan 2 2008 12:11 PM 4.6 Luminent Jan 2 2008 12:12PM 0 Luminent Jan 2 2008 12:22PM 4.6 Luminent Jan 2 2008 1:15PM 4.6 Luminent Jan 2 2008 1:15PM 5.75 Luminent Jan 2 2008 1:20PM 4.6 Luminent Jan 2 2008 1:21 PM 5.75 Luminent Jan 2 2008 1:21 PM 4.6 Luminent Jan 2 2008 1:25PM 0 Luminent Jan 2 2008 1:26PM 0 Luminent Jan 2 2008 1:28PM 0 Luminent Jan 2 2008 1:30PM 0 Luminent Jan 2 2008 1:30PM 5.75 Luminent Jan 2 2008 1:31 PM 4.6 Luminent Jan 2 2008 1:31 PM 0 Luminent Jan 2 2008 1:35PM 5.75 Luminent Jan 2 2008 1:36PM 5.75 Luminent Jan 2 2008 1:36PM 4.6 Luminent Jan 2 2008 1:37PM 10.35 Luminent Jan 2 2008 1:46PM 4.6 Luminent Jan 2 2008 1:47PM 5.75 Luminent Jan 2 2008 1:48PM 4.6 Luminent Jan 2 2008 1:48PM 10.35 Luminent Jan 8 2008 12:17PM 4.6 Luminent Jan 8 2008 12:17PM 5.75 Luminent Jan 8 2008 12:18PM 0 Luminent Jan 8 2008 12:19PM 5.75 Luminent Jan 28 2008 4:24PM 0 Luminent Jan 28 2008 4:26PM 0 Luminent Jan 28 2008 4:26PM 0 Luminent Jan 28 2008 4:28PM 0 Luminent Jan 28 2008 4:28PM 0 Luminent Jan 28 2008 4:28PM 0 Luminent Jan 28 2008 4:28PM 0 Luminent Jan 28 2008 4:29PM 4.6 Luminent Jan 28 2008 4:29PM 4.6 Luminent Jan 28 2008 4:30PM 17.25 Luminent Jan 30 2008 4:47PM 4.6 Luminent Jan 30 2008 4:51 PM 4.6 Luminent Jan 30 2008 4:52PM 0 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 69 of 91

Luminent Jan 30 2008 4:53PM 4.6 Luminent Jan 30 2008 4:53PM 0 Luminent Jan 30 2008 4:53PM 0 Luminent Jan 30 2008 4:53PM 0 Luminent Jan 30 2008 4:54PM 4.6 Luminent Jan 30 2008 4:56PM 4.6 Luminent Jan 30 2008 4:56PM 5.75 Luminent Jan 30 2008 4:59PM 5.75 Luminent Jan 30 2008 5:OOPM 0 Luminent Jan 30 2008 5:01 PM 0 Luminent Jan 30 2008 5:02PM 17.25 Luminent Jan 30 2008 5:03PM 0 Luminent Jan 30 2008 5:03PM 0 Luminent Jan 30 2008 5:04PM 4.6 Luminent Jan 30 2008 5:07PM 4.6 Luminent Jan 30 2008 5:08PM 0 Luminent Jan 30 2008 5:08PM 0 Luminent Jan 30 2008 5:09PM 0 Luminent Jan 30 2008 5:09PM 0 215.05 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 70 of 91

Billing Period: 02/01/08 - 02/29/08

Login ID Reference Code Date & Time (EDT) Price Luminent Feb 6 200812:53PM 17.25 Luminent Feb 6 2008 12:56PM 17.25 Luminent Feb 6 2008 12:45PM 4.6 Luminent Feb 6 2008 12:46PM 0 Luminent Feb 6 2008 12:50PM 4.6 Luminent Feb 6 2008 12:51 PM 4.6 Luminent Feb 6 2008 12:52PM 4.6 Luminent Feb 6 2008 12:55PM 4.6 Luminent Feb 6 2008 12:59PM 4.6 62.1 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 71 of 91

FILING FEES

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 72 of 91

-Hoeq uo splao -papnloui samleaj ApinaeS

66 i 00 CC) 00 O 0 ^ 00 Q MO OO M z O z 0O M a 6 ► z O >- -Lj U ^ L V ° Z LL<

O Z^z v / .. F- o m¢m^ ° O LO U Y U) Ln M aOUmM a Q 3 C%- z C.) O occ^mw ° O O 0 L0 w !` ® rA U 0 n zw F- O <:c V- o o p LL = o 0 (3) 0 O W ti o ¢ o o p < °6 z CV LL C) LL. ^•

6 uJ rM a Ln tU O zO a a }. U D .-. O0 c 0 Q W ru U E Q W/ L N O - LL • n Q =3 Cq M -^ J ~ w N W Q W rv Z0 • d. w M W F-W4_ ^. to 0 a, (5 N o 0 N W a l maz^ d U 00 z CL ^wpza OQ Z. E^0 JWom^ CC ols On V (c Q U Q

J C Cl m z W U > wM2 O Uj

w i^ O U W w ~ `_ = w

W o c33^ a F- O O

W I 16-ZL/6L6080 I

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 73 of 91

- - AOeq uo spela p (:E] 'p9pnlouj samlee^ Rlpnoag (D (D

O a c^ co o Z zZ 6 O Q ^

OZ ^ % ^ Q Y U°Q z LL U Yvz U \\t-_ z mQ Q CO _

ILOm7. P- Q Wr ^^.n z5F ,v Q LU Z I O J ccCC -1 O O Zw Iw- Q 0 0 uai f- o rn o O 0 r 1 w I` O p O p a O. z N 0) ^ O _ 1 C^ ~ r a ' o u, ^j Uj r. O D .-. O o ° Q z N 0_ CO °o ^_/ .mss NUS X w N -^ •^ . Q OC J °azZ)0 *n p

UI O V rn Z U t— Q 0 w¢ C cf] C) O Q v (L c U W a ON04 w O Facn O V cc Z U ^• Z Uri X00 M w Z O

^w 00 V N all- JOQZ te Cr Q D LU O < p d (a - ^ a U) o ^ w dJ W °L 2 D w Q Z w0^ 2 V F cc o:o LU Ou m >- mo o.. W a ^00 m t61Ll6L6060

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 74 of 91

- peq uo ssela(i "papnjoul swnleej f4uno9g

O

Q OD =O CO o a N Z^C zw N :)C:) OT- :E N <64

O H J_

U W Z LL Y

_ ° o ULU \ U o $z =o \ O O 2rnzz U00 ". a m

o Q N ^Nm^ z0 Q Q 0 o <) 0 ^^ 0 CC cc J M ^ zw Q0 C.^ D cn F- Do 0 0 LL CY) o O O ` M U I- O o O Q 0 O a C 06 NO M N Z O W .. UrM a w a`" va ® Z O ° U = -0 U ru U ° m o O m • 1 r w N -C• Q . J ^z^o - _. F- o CO* Z^O Q. 4- W M adzZ o N0^Q .-. Wo -v Q W Ua

m a0 (D O 4z U O Z U^ Wwp< n_

U N 'JOaz ^w Q U Q W pa a M ^_ cc > C to Q E O W > aJ W °• Z ^t Q 1 w Q m o Z r 0 U M m r 0 F-0 CC LL W r- a O O

i is-z us isnen i Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 75 of 91

MEALS

Page 5 of 9 Closing Date Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 76 of 91 -rgBACCO JR ,J DEVALERIO SF Amount ` / Foreign Spending Foreign Currenoy conversion is base rate plus 2%. See Pag.re 2tor details. = - / ,continued

234.00 t 11/20/07 PE RBACCO`RISTORANTE SAN FRANCISCO CA 1 n^ J^"^ f `^r a"i a 415-9550663 39.24 TIP Total of Di ,^,gypp `. 1^` Due in Fu Card XXXX-XXXX 11/01/07

11/01/07

11/07/07

Total of D

DueFul rn Card XXXX-XXXX !----7--.'.^----.,

10/25/07

10/31/07

11/02107 r' 11/02/07

11/15/07

°o 0

0 0

r n Total of

oS—Due in F Card XXXX-XX

Continued on reverse Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 77 of 91

PHOTOCOPYING (IN^ OUSE) 1 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 78 of 91

DATE CASE NAME CASE#. IES

Lum,. 1

k

,.

[I Lf LU Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 79 of 91 TIME ,'07-11-01 02,04

DEPT NO. DEPARTMENT DEPT,CODE COPY PRINTER OTHERS TOTAL

D D' D D D D D D D D D D D D D D D D 371 luminent mortgage 01221 990 0 0 990 D; D D D r UNDEFINED 0 156 0 156

PRINTING COUNTER COPY PRINTER OTHERS TOTAL PRINT

SCANNING COUNTER COPYING NETWORK SCAN TOTAL SCANNING ,EPARTMENT CODE LIST Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 80 of 91

DEPT NO, DEPARTMENT DEPT.CODE COPY PRINTER OTHERS TOTAL

D D D D D D D D 361 luminent mortgage 01221 2283 0 0 2283 ^rtLC

UNDEFINED

PRINTING COUNTER COPY PRINTER OTHERS TOTAL PRINT

SCANNING COUNTER COPYING NETWORK SCAN TOTAL SCANNING Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 81 of 91 TIME :107-11-16 09:05

TOTAL DEPT NO, DEPARTMENT DEPT.CODE COPY PRINTER OTHERS

D D D D D D D --- - 0 88 D 361 luminent mortgage 01221 88 0 D D D D D D D D UR

PRINTING COUNTER COPY PRINTER OTHERS TOTAL PRINT

SCANNING COUNTER COPYING NETWORK SCAN TOTAL SCANNING ,jPARTMENT Case 3:07-cv-04073-PJH Document 1 73-5 Filed 04/15/2009 Page 82 of 91

TOTAL COPY PRINTER OTHERS DEPT NO. DEPARTMENT DEPT•CODE

D D D D D D D D D D D D D D D D D . 280 0 8 280 _``.` D 371 luminent mortgage 01221 D D D D D D E D D U:

PRINTING COUNTER OTHERS TOTAL PRINT COPY PRINTER

SCANNING COUNTER TOTAL SCANNING COPYING NETWORK SCAN

i P Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 83 of 91 DEPARTMENT CODE LIST r ' TIME :05-01 08 09:24

;jEPT NO. DEPARTMENT D 85 Luminent Mortgage

PRINT COUNTER

COPY FAX PRINT LIST TOTAL LIMIT

SMALL 133 0 0 0 133

LARGE 0 0 0 0 0 y t^

133 0 0 0 133 -

FAX COMMUNICATION SCAN COUNTER TRANSMIT RECEPTION COPY FAX NETWORK

SMALL 0 0 SMALL 69 0 0 LARGE 0 0 LARGE 0 0 0 0 0 69 0 0

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 84 of 91

TIME :07-01-'08 08:37

DEPT NO. DEPARTMENT D 85 Luminent Mortgage

PRINT COUNTER COPY FAX PRINT LIST TOTAL LIMIT SMALL 1 0 0 0 1

LARGE 0 0 0 0 0 ^v 1 0 0 0 1 -

FAX COMMUNICATION SCAN COUNTER TRANSMIT RECEPTION COPY FAX NETWORK SMALL 0 0 SMALL 1 0 0 LARGE 0 0 LARGE 0 0 0

0 0 1 0 0

1

I

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 85 of 91

DEPARTMENT CODE LIST TIME :09-02-'08 12:08

DEPT NO. DEPARTMENT D 85 Luminent Mortgage

PRINT COUNTER COPY FAX PRINT LIST TOTAL LIMIT SMALL 30 0 0 0 30 LARGE 0 0 0 0 0 30 0 0 0 30 -

FAX COMMUNICATION SCAN COUNTER TRANSMIT RECEPTION COPY FAX NETWORK SMALL 0 0 SMALL 30 0 0 LARGE 0 0 LARGE 0 0 0 0 0 30 0 0

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 86 of 91

DEPARTMENT CODE LIST TIME :09-02-'08 12:11

DEPT NO. DEPARTMENT

D 85 Luminent Mortgage

PRINT COUNTER COPY FAX PRINT LIST TOTAL LIMIT

SMALL 516 0 0 0 516 c LARGE 0 0 0 0 0 tj'

516 0 0 0 516 -

FAX COMMUNICATION SCAN COUNTER TRANSMIT RECEPTION COPY FAX NETWORK

SMALL 0 0 SMALL 537 0 0 LARGE 0 0 LARGE 0 0 0

0 0 537 0 0

I Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 87 of 91 DEPARTMENT CODE LIST

TIME :01-05-'09 09:00

DEPT NO. DEPARTMENT

D 85 Luminent Mortgage

PRINT COUNTER COPY FAX PRINT LIST TOTAL LIMIT

SMALL 402 0 0 0 402 LARGE 0 0 0 0 0

402 0 0 0 402

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 88 of 91 DEPARTMENT CODE LIST TIME :01-30-'09 09:23

DEPT NO. DEPARTMENT D 85 Luminent Mortgage

PRINT COUNTER COPY FAX PRINT LIST TOTAL LIMIT SMALL 286 0 0 0 286 LARGE 0 0 0 0 0 286 0 0 0 .286 i ro

Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 89 of 91 DEPARTMENT CODE LIST TIME :01-30-'09 09:23

DEPT NO. DEPARTMENT D 85 Luminent Mortgage

PRINT COUNTER COPY FAX PRINT LIST TOTAL LIMIT SMALL 190 0 0 0 190 LARGE 0 0 0 0 0 190 0 0 0 190 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 90 of 91 DEPARTMENT CODE LIST TIME :03-31-'09 09:16

DEPT NO. DEPARTMENT D 85 Luminent Mortgage

PRINT COUNTER COPY FAX PRINT LIST TOTAL LIMIT SMALL 5 0 0 0 5 LARGE 0 0 0 0 0 Case 3:07-cv-04073-PJH Document 173-5 Filed 04/15/2009 Page 91 of 91 DEPARTMENT CODE LIST TIME :03-31-'09 09:17

DEPT NO. DEPARTMENT D 85 Luminent Mortgage

PRINT COUNTER LIMIT COPY FAX PRINT LIST TOTAL SMALL 1 0 0 0 1 LARGE 0 0 0 0 0 1 0 0 0 1 Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 1 of 99

POSTAGE/FEDEX/ DELIVERY Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 2 of 99

POSTAGE 9 Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 3 of 99

POSTAGE LOG- Step -2007.

CASE NUMBER CASE NAME TOTAL AMOUNT

1221 Lumment $72.70 1

1 Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 4 of 99

POSTAGE METER. LOG

CASE # CASE NAME PRICE PER & TOTAL AMOUNT QUANTITY

J

- f

CCC, UJI x $ --).-3 0 x $ o x$ $ •

`aFyj

— Y Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 5 of 99

POSTAGE LOG- Oct -2007

CASE NUMBER CA:SE NAME I TOTAL AMOUNT

1221 1 ` WMinent $.182':44

1107 _ --

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 6 of 99

POSTAGE METER LOG

DATE CASE # CASE NAME PRICE PER & TOTAL AMOUNT I QUANTITY

Aj

l r // x$ L .6(-) 2,X $._57 $ Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 7 of 99

POSTAGE METER LOG

DATE CASE # CASE NAME PRICE PER & TOTAL AMOUNT QUANTITY I

X/

J. J -a i 6' 1 ^j Al i % X $ $ x $ SO -0

L^ l • Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 8 of 99

POSTAGE METER LOG

DATE CASE # CASE NAME PRICE PER & TOTAL AMOUNT QUANTITY e

A.) 13x $ X$ $ X$ $ X$ $ X$ $ X$ . $ X$ . $ X$ . $ X$ $

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 9 of 99

POSTAGE LOG- NOV -2007

CASE NUMBER I CASE NAME TOTAL AMOUNT

1221 Luminent $11.06 I 0

1 ^— T-

-^1 f Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 10 of 99

POSTAGE METER LOG

DATE CASE # CASE NAME PRICE PER & TOTAL AMOUNT QUANTITY

OF, /Z^ 12- i Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 11 of 99 POSTAGE METER LOG TOTAL AMOUNT PRICE PER & CASE NAME DATE CASE # QUANTITY

x$ ^ • x$ $ • Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 12 of 99

POSTAGE METER LOG

DATE CASE # CASE NAME PRICE PER & TOTAL AMOUNT QUANTITY

1

J

SY

,r

r

J Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 13 of 99

POSTAGE METER LOG

ATE 7CASE # CASE NAME I PRICE PER & I TOTAL AMOUNT

V/

^- I /o'^ I a 2- I LU m^ i r7*n+ qq 3

v

_ - V/ Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 14 of 99

FEDEX Case 3:07-cv-04073-PJ H Document 173-6 Filed 04/15/2009 Page 15 of 99 Jan 11, 2008 4 0, FedEx Express Shipment Detail By Payor Type (Original) ..::.::::...

• Fuel Surcharge - FedEx has applied a fuel surcharge of 17.50% to this shipment. • Distance Based Pricing, Zone 2 • Package sent from: 94124 zip code Automation [NET Sender Rai-inient Tracking ID 791468350060 in Service Type FedEx Priority Overnight Berman DeValerio, et al. USDC-Northern District Package Type FedEx Envelope 425 California Street 450 Golden Gate Ave Zone 02 SAN FRANCISCO CA 94104 US SAN FRANCISCO CA 94102 US Packages 1 Rated Weight N/A Transportation Charge 14.50 Delivered Jan 03, 2008 09:51 Discount -1.16 Svc Area Al Fuel Surcharge 2.21 Signed by M.BUCKLEY Automation Bonus Discount -0.73 FedEx Use 000000000/00001861_ Total Charge USID $14.82

i Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 16 of 99 Invoice Date Account um er Page -Invoice Number 1 Aug 22, 2008 4 of 6 FedEx Express Shipment Detail By Payor Type (Original) tail;... - ^.^^.:^1^r :^^.2^ ...... :.:.::::::::::::...9...... -....:::.:.....:.....::::::::.::._::::.::::......

• Fuel Surcharge - FedEx has applied a fuel surcharge of34.50%to this shipment. • Distance Based Pricing, Zone 8 • Package sent from: 94124 zip code Automation INET Sender Recipient Tracking ID 796055228504 Service Type FedEx Standard Overnight Berman DeValerio SF LUVVLY UAIV1ucuvuu.., --HEN & HART Package Type FedEx Box 425 California Street, Suite 2 1 N BROADWAY Zone 08 SAN FRANCISCO CA 94104 US WHITE PLAINS NY 10601 US Packages 1 Rated Weight 9.0lbs, 4.1 kg Transportation Charge 63.20 Delivered Aug 14, 2008 09:28 Automation Bonus Discount -3.16 Svc Area AA Discount -3.16 Signed by J.MANNIN Fuel Surcharge 19.62 J FedEx Use 000000000/0001415/_ Total Charge USD $76.50

i

r Case 3:07-cv-04073-PJH Document 173 -6 F 04/1^5/2009 Page 17 of 99 Pa , n oa .., i ^ f ^^ nvoice um ;i r ► 4 of^ Mar 27, 2009

FedEx Express Shi pment Detail By Payor Type (Original)

gil ......

• Fuel Surcharge - FedExhas applied a fuel surcharge of 2.50%to this shipment • Distance Based Pricing, Zone 8 • Package sent from: 94124 zip code Recipient Automation [NET Sender Tracking ID 797428131280 LOWEY DANNENBERG COHEN & HART, Berman DeValerio Service Type FedEx Standard Overnight 1 N BROADWAY Package Type FedEx Envelope 425 California Street, Suite 2 SAN FRANCISCO CA 94104 US WHITE PLAINS NY 10601 US Zone 08 Packages 1 23.25 Transportation Charge Rated Weight N/A 0.51

Delivered Mar 19,2009 11:14 Fuel Surcharge -106 Svc Area A4 Discount -1.16 Automation Bonus Discount Signed by USD $20.74 Total Charge FedEx Use 000000000/0000266/_

I Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 18 of 99

DELIVERY FEES

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 19 of 99 IL I A . . Janney & J at mu-w- r ^ y attorney service iinc.

INVOICE DATE: 10/18/2007 INVOICE

Client No. 7003 Route#: NR Client BERMAN, DEVALERIO, PEASE & TABACCO (SF) Server#: 23X Address 425 CALIFORNIA ST., 2025 SAN FRANCISCO, CA 94104 Phone: (415) 433-3200 Client File No.: Contact: TYLER KELLY

Case No,: C0704073PHJ Court: USDC - CENTRAL DISTRICT LOS ANGELES Plaintiff: IN RE LUMINENT MORTGAGE CAPITAL, INC. Defendant: - Servee: MARK LABATON J `.(._.. LV..-L

Documents: GUE,NT See Attached List 007

ALLOC- APPROV -

DESCRIPTION SERVICES CHARGES

Served: MARK LABATON at 707 Service of Process 65.00 WILSHIRE BLVD., LOS ANGELES, CA Rush Service 35.00 90017. On 10/17/2007 02:50 pm

INVOICE TOTAL $ 100.00 Order#: LA294613-1/InvPro

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 20 of 99 Jannu-'-y i tan ney attorney service rc,

INVOICE DATE: 10/19/2007

Client No. 7003 Route#: NR Client BERMAN, DEVALERIO, PEASE & TABACCO (SF) Server#: 175 Address 425 CALIFORNIA ST., 2025 SAN FRANCISCO, CA 94104 Phone: (415) 433-3200 Client File No.: Contact: TYLER KELLY

Case No.: C0704073PHJ Court: USDC - CENTRAL DISTRICT LOS ANGELES Plaintiff: IN RE LUMINENT MORTGAGE CAPITAL, INC. y Defendant: !.^ Servee: PATRICE L. BISHOP

Documents: SEE ATTACHED LIST

DESCRIPTION SERVICES CHARGES

Served: PATRICE L. BISHOP at 10940 Service of Process 65.00 WILSHIRE BLVD. # 2300, LOS ANGELES, Rush Service 35.00 CA 90024. On 10/17/2007 . 03:00 pm

CLIENT MATTER A110C. I► r APPR0V. RECD U L 1 24 2007

INVOICE TOTAL $ 100.00 Order#: LA294613A-1/InvPro

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 21 of 99

...^c sip 7

- - .. - _.fi'l e't i';^^t}l t;Vt^Lt n • 1_,;- . _ ,._>a^'i

%e tear at perforation and return top portion with your payment. l a J CUST0^471ER N,Q , „ INU(?IGE (^O ` . : :e i8^ ^ 04^^ . MOUNT Qt7 { ,. PAG <

g," xGNABG , SiCC TO I DATA z' JB I© TYPE, y; . . r. a iC DET^L _ . * r.. s ..BREAKtAUV! T ,..,.

! - t v. , l... _ Q i.' .._. _. I.e :.: ..^_ .. v_ ., 1 1'l. .^ i t4- .'^••^ C

t?,1.L7V e i3.: l:t F...E_^., i, i IA oil LIFT]i

ft__,f s - r^ :^^:^t..,!} f. r_._ iilalJS:^ •' °"; f'tT+a.,^.:_`t= _. ^„ [ {.. .-, i^__^^? ,..ri _ .._^1.:

l'WilNyp. VE, -^! t(iC.

3 { - 00^0 IS T l ft i:l ^1 v1{l.il

t:U , s ( k ilL.i'. i•, r ...__..:_ _..vti 1', _ T l.._ ...... 4._ ,.:

tj by,

CLIENT

TOTAL ®

lNl \/(llrl= PAV1\APKIT Ili IP I IP(lnl PI=rPIPT

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 22 of 9 9 uCQsTO mEl,,"R BER.i.

\ r i

T -.

F v xj .i3 ^ ^ s. 111 1^3 afl-a^-_:.flat'';i^..f _iji-:..i^.-.i,-• tt se tear at perforation and return top portion with your payment. ^ J

. - ^ 'IN OIC .,Q ek ,. ^+ -^ CIiS^"Ofi/lftR ^4 . ^;[^1.V.Q^CE NS?^... ,. P^RYoQE^oir^e , ...,. AMOUNT Q;UE= PA ,

G RCv' ^ TOTAL ^AT^ _ ^dg. , ^,^O ..,h. TYPE.., x ^ ,. ,_. ^..«.,STtVlG .... .,. OTtal'L ... `, ,. a. BtiEA QowN

.._,:J:,,'.iy _^^f?..,,.,. tri_;li':"°i1tly,.s:`i?'i_i - qli"n_.r s„_iam.Y, ...:.^_. ^i•d^_` 1^ I . 1 riiiL^ {il^i,^,^_^:,. ._._r,, i -} .1': ..,.i9}.,z .Ji.\_S:.i 4.JG LIl1; SON ails _! .. _ trr) r V

ui'.Li 0.L IS

,.:_ ilirl(4y Lt.1 ' 1 - .. 7.1^^.1•.^.^: :_,iii_ 1Ji,'_, nl .i- J L Y i 1 4 {- ^ r - x t t t C t V r. ^ ._ r 4 _:. 1 ^ S : n .?^1;a[, r L T r i :s 7"1 2-,4 •... l i ,. ±} .v : DIIV N ^.^I^^^'EF%•,' F- ,,) oSt^."rl 'l U t.ii::

s

i OLIENT

TOTAL rnninirG PAVnnPnIT M IP I IPfll\I P rl:IPT Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 23 of 99 J U1111-fdy U. ^^`1 inc.

INVOICE DATE: 11/02/2007

Client No. 7003 Route#: NR Client BERMAN, DEVALERIO, PEASE & TABACCO (SF) Server#: 23H Address 425 CALIFORNIA ST., 2025 SAN FRANCISCO, CA 94104 Phone: (415) 433-3200 Client File No.: Contact: TYLER KELLY

Case No.: C0704073PJH Court: USDC - NORTHERN DISTRICT - SAN FRANCISCO Plaintiff: IN RE LUMINENT MORTGAGE CAPITAL, INC. SECURITIES LITIGATION Defendant: Servee: MARK LABATON

Documents: Southern's Opposition to Certain Plaintiffs Motions for Appointment as Lead Plaintiff and Approval of Its Selection of Lead Counsel;Supplemental Declaration of Allen Dayton;Supplemental Declaration of David C. Harrison in Opposition to Motions by Certain Plaintiffs for Appointment as Lead Plaintiff and Approval of Their Selection of Lead Counsel;Exhibit 1, Exhibit 2;Certificate of Service

DESCRIPTION SERVICES CHARGES

Served: MARK LABATON at 707 Service of Process 65.00 WILSHIRE BLVD, LOS ANGELES, CA Rush Service 35.00 90017. On 10/31/2007 04:05 pm 1

e." t ' ^.1 mot- '- aL11. ^ N^^

D,}:

INVOICE TOTAL $ 100.00

Order#: LA299285-1llnvPro

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 24 of 99 , it i ^i1.

V

RECD NO V 16 2007 :

ti D ^;Ciw ' i -. , t5 r # =JiT 1-,

tear at perforation and return top portion with your payment. 1 a

CUST9MR NC? ; ,, {(VUOICI: fV0 a a°do^r^c n rAlOt FNT^ QU .. PAC`

W^-llis g litz=::.l ., sic z ^^ ^IPRf^^r tAT JQB;i^10 n . SRUICETA^^ 'v. _. WNTOTAL'

y. MRS i r- °t... „ vl..LCT CL, ._. 313 t t: i n

1 - i1S.. 1 1 4] T

, t {i^(_` E.^:

i.^__. :.1; Frti ^'• ^...Itlt__»_ ..,_ it, i-t( ! _+ ] if:^; .^I 1 .. •v,:t_ r atiil ,t i _...,....Iti !':. w.... ^, r Z5 > ; f.(.:I.i ...i F't 'j" ,r'L 1 G,.f t '_, tr i .,? f ^?i W L,- .. ,.tu, i t^II{ dnGi..^ l.( #^-^i^. Y yr?:_f+

.. _.__ ^^ti^ _,; ci ,»^f.' ... _,. ... :.i!•il;;'v,:;_ .,;^ :- :.r 7. 3_•`_'^.ni.irE^^lti ^tl:.^l^si.;- -3k,^.'_!.r ^l:as. Ilt i..;^a

.}; .P; i'ii, . i.... Q 1H^.. _

-..i t!^: i L 4ff:f ! Zr. 41 Y :... _±af „_;e ^^•L^{?t 11.7^1i `l lr _.h^_ItLlfl^.,..a,_.. .. ^.._. _. ._.. ?alt^_U :1r n 11i^,>{•-f__^^iL

ry tl t c.' SjUl'^

i r, t ' v g i r t ( •

] t L:. ( x : ,t ;, i t

r CLIENT— MATTER

TOTAL ® i is

^n ^.--i- R-A\/AArA1T ^t rr 1 1ri^Kt r rr+ 1n-r . Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 25 of 99 (t r ft. .;(-

r ry ^a ^

21-3) , _tv v

_+ 5 V i

- Q` TABACCO ET L 425

iJi'/t7 i ,;'rJ`iC.t. SCJy CA 94104 - s tear at perforation and return top portion with your payment.

Mro lNuvti rho . ,.,r Pi'o°d,o4.9&3urQ ►^?T^?a^

;`{t':p1%Ji`.t'}l:tE l:..f.:ti'S^q it'+..0 _.. _mot 2 ..iiir .J y F ..., ii: `=.

{^K ^ 3 ^2t PIRME_ :.._..- exr .,^-004 tt.^0 . _/Mrr ; 0OB 3 STDl^a z ^^`;tFit fti^ PE SE.-3 .%,,,R ,;`CP '^A 1 OGHI^ ION _ DOE mq ^ . A r7 'wi j 42!5 l.^ALIF min :j (':% j i 0, 'Iii NIC 2- i.10 i^^^°,,,,.a ^{t:?' . ;;C•iw4°^: ON F,{AMa?.! „I :; e;-; SAN FR:s:wi:,=_. CA ..... i Callm TYLER KELLY l:ase, :`I1.lfliCShl a?71,:;;.i: C,.e•tv_.t' t.,ti::Hi= T1"th-'0S'1 Ii.DH't.._

00 ;} r ^ ^, ^...e.,^ Ewe.a. ..: `.% .. ^ k,3i _ y i;;!,1 _... ^ . tn^ • ~ 1`r^t^.:'.7a'f STD :1^.^41`siiPi^ 'if ^L.Gt'..``z^i^ t"^ rji}%:.j I . ^E f t. ... _ : r^'.. ii:5 t li_S OF MI' S T Y:-F.f:.T 333 9 f i u i I. c.Di,R?' DLL HUI.:. ,:i qA., : RAt4.s..S=v:.- Ln s°.x& ...... r._.._ rt .:r K Ally : TYL ER E ! w;.lCit s "; li'^4^i1 r_i 1's .. t O!RE _ { 'j, 3I i • [j+ i ' ! t , ^.^.1 =^ii.ii`t -_i 6 .^22

I

TOTAL ► IAtV!'11!'C DAX/11ACAIT rAl IC 11'DnKI DC('CIDT

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 26 of 99 °

it_w

{. ,_ ii..

' 17 CA OZ;-111-04

;e tear at perforation and return top portion with your payment.

CUS70MER fVQ IIVVQICE ,N ,E- .;pER^bTogA^OUT,,DIJE .. [AGE

- ;,.tli.a:--......

OATS 450 NQ .ri . SER1/tCE DST l^L ., <<: S E. f _ .` . ,. at._....' ,, aR oQwN TOT_,A 1TED r ..- _ c : i..^...-- ^t r ::;.:1.:-::3. ^I .t. i. " r A - ^ ! ::_r.. _^ ^.:.:iw ^ J.t ^ `r }i .^ .^ - ^^+' iiir t.,i D.'.`.:1a + ,t 5c:

_, fZyt ._,' MW`, ,:vattb CA ,,. u, ail

Ease bukerVOR satrYl;•EiR,S' u.

FM ! uk sm n; a insmim too Q - 15sp .-._.:OO 31-:011%.' r- CA a'_ = TY LER m Coo Tat ,

-. i. r 'P':^.'i1i^^~t.f •_,f!1.. ^)^_ ;k 7f+A Base _.< .)`r ...... f:.

U.. ;. u: -. JO _ i'_:;i KIWI- _.'.L i a rli i- .'h

L 1 "' ' r IT MO I ( i-,.._ S_.1 .-^ CE .: N FO,.. f' { -. ti . • r1.Yi ...... 1 - .77,s.s _.—^:.{ CIA...,...... r•i• ry is ..

Clianumatten; 122'-

I _. _..

P11

TOTAL ® _,.'; IX II\I\/(11!`G PAVI\/IGf\IT M 11= 1 I13r)K1 Ql=r IPT

Case 3:07-cv-04073-PJ H Document 173-6 Filed 04/15/2009 Page 27 of 99 t1&T,<3M4tNtltaEER

vIi RECD NOV 1 6 2001

rt_;.. .. fir?_E G rt;

t t , c se tear at perforation and return top portion with your payment. 1 ^ J CUSTpti+^t:f;^i^lOt . ,lN^(^14^N0^„ ,^•^rERio°r^o°^^n ^.?.^R^b Nfi^i?U ^ SAG

r

2^¢^s '+ii Pe{ 3^^ ^.; ^^;r •;z y „ "-`i•? QF ,+^ 'v Rt ^ z .^c-, . C r .}^+^ r., s^^°^^' tii^ ;^ ci ,:..^c.,^.^-Y'`'`'""x m L^. , t^ ^:fs^, ^^^

r r c j r( + t.E 7 tCli - r ,. s„ i.:^` l ^ .. :: L^iw ai . r ir ^tl Rf ? f `t f 'i t i, . , w { _ .. _ .. :„`^

.rte ^`...? ^ a.et.. v4r f i;t?

CLIENT

KIM APPROV

TOTAL

lnlllelll +r- MA\/flAr hl -r MI 1r 1 lnt-%nl nrr+rin-r

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 28 of 99 S^uxo^^M^f,= NATI

,

1

r 7 ii yi qq Y r" S,

:e tear at perforation and return top portion with your payment. 1 J

EERIE) AIYjOUNTj3U PAGE CUSTO,MR,NO ...1NifpICE f^jQtNVOac^trfoo^^;`:_. -

. ,:_., dt-1S^ i -T s; L•-n..,.._, :,1. :: 7 _. ....1i4 ,'a r 7'. .., ., CAGE ^^a,::.BREAtCDQ`VYh1

*• s"-r ! ! rP, r— r !!i: , ;^. ! n om- 5 l r.,: r-' - r °ii i ^ ^^r7 r C ^_ i . ^.,TA ==` r.,. , BI..._ W 1 K 'T' ,1t,1:},D 12LER ,, -D CCl 0 !",,;1. 'US)a.'•,=N ( i ti i } -3 i_ - GO tt , :. n ry 1 rz?.a .... „. ^. ' 1. ^ a! .... ,{,i .:5 (. ..^. '.i ^^ ...... , I•i:^ , ..uir._:.^ _,:7m i..ir:

'-li;IMr

TOTAL

MA X 1%A I— h 1T r111r- 11Mfl RI C)Cf'CIMT

Case 3:07-cv-04073-PJH D +.' G ed 04/15/2009 Page 29 of 99 USTOMESWuM^EK' )

I

)ase tear at perforation and return top portion with your payment. 1 J

:UT0MEF{;'ryO, INUOIGE,I^lQ,,. p(ooEror9^ AMOUNT DUE„ FAGf

I ) cf a^^^ DATE JQB NO svcTvP ..;` _ t SRUIC DRT/AtL ^e -AKoowr^f . ^.. C^ fk11

--T II ! i f '' 2 }"1

i

///

li J I ..,...- - . li .:'v-gym e...... ^. V 4 {.. 3

TOTAL

.hiI f/1I r% [- rlA%/I%(Ir^r. I-r F. Ir.l in ^nl r^r /+rlr^-r

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 30 of 99 GUSTOR-N^^BR,;

s tear at perforation and return top portion with your payment. J1

USfiTiyitJ I^UVttC9 . p R'ioo-^^4 aMQUNT aUr . PJ1GE'

'Y ;i 5 i a.ct:t % t " _ -a. p cc Q iS S ^(4'^ ^4 CIARG,' J© _.X1 ^'° era `^.-,'"`— '4 '.` Fi='.' L; p f.? 1 t iy _ 2., rTYP. ,. ;^v^: `'` 'f»,t'a - ,,. 5"i n^t kY 7d'#1...... ^a ,:. {' :^. {; rt,.+..^.r 't.Sc ,., . s.BR EAKt30YVN_ . ,. TOTA ^' W ;.7a t P

... _ kw Mot RECD FEB 0 8 20C 8 C, r

TOTAL ► J

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 31 of 99 ,,.,eusroMEKN MBEW.,--

-ilu rte =t._:! ELE

_ i CT } L t l ut t 3 'wt - 3t::A - -L. , _

Jl... _! ff

se tear at perforation and return top portion with your payment. 1 < J

-ST MIND-, M- I0011-^N^ 7; a^^^o^ o^^c z E^^^U1VT pt^E=^^ RASE;

.., v,i^ t^ ttve<. f , CHARGE sF^^G < r 4 ^{ .ate` `k A sBBEQKD0^11N^QTA^ Y, ;i _ ,; it` 0 115 aft; i-t i ult .te ' 1S ^ui`^it^__t.:!:: ,...ni,`•ttn +..s G -fw.t - yitiLt,G4^ L. f.,_ tL{^..J Lt-'tt.{_1 r ^ itt !e t r :?., {-- i.1Nil ! .^t ii`^Llu^tr 1 t". .F ^Yia^ ..t, 5s - t t .?f u.t.. ^.._ ..^, ia. "t

_ 7 Ucii: kl:t._il` L'y _ltit:_.ty: l [7^.i.i`i f __ . l ji _ i• f :t:^ v_,f i.,.t V. ^. _.._.

r

F ` ^

191 1 CIII, N0------.

RECD MAR 0 4 2008

,t TOTAL 0- nAVnnrnt-r r%l it I Ionni OCf'CIdT

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Pag e 32 of 99

;e tear at perforation and return top portion with your payment.

C1TMi,!ct( f^V0t1(GE N?:R..... REralod`o4d^. AMOItiSIT EIllE, E_^

s°` ",. X "' { <:'x ? C.1'ARGE w w*^"..^; , .x< ...... EAKDOVYN..';TOTAL' .. ^/"A tT^.. }s..xlYe fiYF.E?:+`.;€?.x"?r^^^a;•'.3't^4K...^RL1^iGE Pir, .". ,...^u3 ..`'^ ;`.e,,

j

TOTAL ® _...... ,

^nni^^nr nnvnnr_ nl -r nl IC 1 I^nAI ^C/'`CI^T

Case 3:07-cv-04073-PJH-nt 173-6 Filed 04/15/2009 Page 33 of 99 Oi t^ UN ^t "r

LeL,a AM-DCyLC tai '^le J1ra..L.

iC.i.•:Si L':iw,.^ s w Wit;

t a

,:}'.' !;G'li Trt (r ,tit^-• •r y:. •. ti -,t

(1,F1,,erlaCOt.iff ,Y;Ytt; {_ L'''` itf { HFC fit; „ C, NIL e tear at perforation and return top portion with your payment.

CUSTOMER NO> , INUQICEAIVIOU^VT,DUE PAGt ju ` il ^;JI t ME Li I {{ t i'!i r i ut U t:1 1t, gL I 71>if t 14,1 CH%aFiCiE SATE (jj*N0 P , ^; E 1110E';DETALL _ ... N :. I''eR^aKO.owiv ....PTO „ TAL

n^.t.. <;} s r=-it: ;,rPr,:r• 7;Y-! F" °_ "iC'ivf" t:: _. t : rt , i-;;-, .•u, ._ , ;?ti,^u =:7t ^ tAG.se.lt Sit" e.C.YVI ^r^1^Iq Ui:.•ii'{{i ...iee }t ^.t.^2s•r..nWt ., Ir^f . ;l,{,.: .iL ^}Il •,' itv^( I t.{dill - at i'sl.!i111 it:.t :t-= ./_ -:i, r aL Ili 42I"'+ C,ri J.: '{^t'SIA SIREEI I •4•JJ COrL.0 .t^ VT•t x.. i'14',"-'E. tea. ^. ^,1 LEt^ J{^{t „i^:t'r ;i.i"_ ^tiie^Tr P{•Vr;tl,y:i(,I. E..{ 1,.. a' • .n li, :?f oii.,:.:}•xi !,{l r.

i'It1i111Jt '' - !.L :i 1.-UNrtHtl'Il ItI::SLr^? N, ) ',t h'" e;J a'ucull_l L-sa,1,r itLl I i..ul Lii ii it .t: i:f`iaLt _iL , rr . ; :.. .t. c . a ^. S.0i'e 1.+4Lt.:'^ .6::t^:. ,3A Tic- ?!'n t„i WIPIULi UM IEIIIE

TOTAL irmwnir p PAVRAPKIT ill I I IPom Pi=rPIPT Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 34 of 99 NATIONWIDE LEGAL INC.

207 S. Broadway Avenue 16th Floor I Los Angeles I CA 90012

BERMAN,DEVALERIO,PEASE,TABACCO ETAL - 425 CALIFORNIA STREET,2IST FLR ATTN:A000UNTS PAYABLE SAN FRANCISCO, CA 94104

Cut here and return with payment

a t `,^ r a

< `Breakdown _ 3 „ Ob O. Type` s 6/02/08 3021763 STD BERMAN,DEVALERIO,PEASE,TABACCO ETAL USDC/SAN FRANCISCO NORTHERN DIST. Base Chg 9.00 9.00/ 425 CALIFORNIA STREET 450 GOLDEN GATE AVE. !O STANDARD NEL-4 HOUR. SAN FRANCISCO CA 94104 SAN FRANCISCO CA 94102 Caller: TYLER 231 Case Number:DELIVERY ENVELOPE Case Title:BEFORE 12PM DOCuments:JUDGE HAMILTON Client/Matter: 1221 Signed by: MARIANN B-REGCLK

6/06/08 3022162 STD BERMAN,DEVALERIO,PEASE,TABACCO ETAL USDC/SAN FRANCISCO NORTHERN DIST. Base Chg 9.00 9.00 425 CALIFORNIA STREET 450 GOLDEN GATE AVE. STANDARD mEL-4 HOUR. - SAN FRANCISCO - CA 94104 SAN FRANCISCO CA 94102 Caller: TYLER 231 Case Number:DELIVERY ENVELOPE Case Title:CHAMBER COPY Documents:JDGE HAMILTBY NOON Client/Matter: 1221 Signed by: ANNA S

Total 0,C:)ntinued

INVOICE PAYMENT DUE UPON RECEIPT Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 35 of 99 NATIONWIDE LEGAL INC.

207 S. Broadway Avenue 16th Floor I Los Angeles I CA 90012

BERMAN,DEVALERIO,PEASE,TABACCO ETAL 425 CALIFORNIA STREET,2IST FLR ATTN:A000UNTS PAYABLE SAN FRANCISCO, CA 94104 -

Cut here and return with payment a ., ..Rut

t FCC e eW,3 z^ -_ .d °- -

Breakdown _ot l a>^^^ 16 IVO:i type r

6/13/08 3022822 STD BERMAN,DEVALERIO,PEASE,TABACCO ETAL USDC/SAN FRANCISCO NORTHERN DIST. Base Chg 9.00 9.00 425 CALIFORNIA STREET 450 GOLDEN GATE AVE.^ STANDARD DEL-4 HOURa SAN FRANCISCO CA 94104 SAN FRANCISCO CA 94102 Caller: TYLER 231 Case Number:DELIVERY ENVELOPE Case Title:CHAMBER COPY Doc6ments:JUDGE HAMILANY TIME TODAY Client/Matter: 1221 Signed by: ANNA SPRINKLES-REGCLK

Total ► I

INVOICE PAYMENT DUE UPON RECEIPT as 3:0- -04073-PJH Document 173-6 Filed 04/15/20099 9 ^ 8g_ j 7 `'fir ^ esi.;^ NAT P 9- LEGAL INC.

207 S. Broadway Avenue I 6th Floor I Los Angeles I CA 90012 ;^^.^,.^^^

BERMAN,DEVALERIO,PEASE,TABACCO ETAL 425 CALIFORNIA STREET,2IST FLR NATIONWIDE LEGAL INC. ATTN:A000UNTS PAYABLE 207 S.BROADWAY AVE.GTH FL SAN FRANCISCO, CA 94104 LOS ANGELES,CA.90012 TAX ID# < Cut here and return with payment { 3 a ZA TANWEVWIN a 3 ti axe 3r?;^:r. s Kam'

be -- ^` Breakd^wn , ^o^l

a

12/11/08 3038009 STB BERMAN,DEVALERIO,PEASE,TABACCO ETAL USDC/SAN FRANCISCO NORTHERN DIST. Base Chg 9.00 9.00 425 CALIFORNIA STREET 450 GOLDEN GATE AVE. STANDARD 3IKE SAN FRANCISCO CA 94104 SAN FRANCISCO CA 94102 Caller: Case Number:DELIVER CHAMBERS COP Case Title:Y TO JUDGE HAMILTONS Documents: CHAMBERS BY NOON Client/Matter: 1221 LUMINENT Signed by: ANNA SPRINKLES-REGCLK

i ^

-.j `'_ i

-- ^Zf. ^'_^^

Total

INVOICE PAYMENT DUE UPON RECEIPT

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 37 of 9 9 _: r :'^ LEGAL - r INC.

207 S. Broadway Avenue 16th Floor I Los Angeles I CA 90012 ..--g k°Y =n >.

BERMAN,DEVALERIO , PEASE,TABACCO ETAL 425 CALIFORNIA STRBET,2IST FLR. - NATIONWIDE LEGAL INC. ATTN : A000UNTS PAYABLE - - 207 S . BROADWAY AVE.6TH FL SAN FRANCISCO, CA 94104 LOS ANGELES , CA.90012 TAX ID# ` Cut here and return with payment

Customer No lnroree No Period Endmg Amount Due pag z X35 : r —^3 r € 3^ a 5 0 p. t e`aikc^own r s

1/12/09 BERMAN,DEVALERIO , PEASE,TABACCO ETAL USDC / SAN FRANCISCO NORTHERN DIST. Base Chg 40 .00 40.00 425 CALIFORNIA STREET 450 GOLDEN GATE AVE. HOT FILE SAN FRANCISCO CA 94104 SAN FRANCISCO CA 94102 Caller: Case Number : FILE / CONFURM/ RETURN Case Title:UNDER SEAL Documents:GROUNDS TO BEFORE 4PM Client /Matter: 1221LUMINITE Signed by: 16:16 / MICHELLE T

1/14/09 ?B BERMAN , DEVALERIO , PEASE,TABACCO ETAL USDC / SAN FRANCISCO NORTHERN DIST. Base Chg 21.00 SPB 425 CALIFORNIA STREET 450 GOLDEN GATE AVE. Return 11.00 32.00 SPECIAL BIKE SAN FRANCISCO CA 94104 SAN FRANCISCO CA 94102 Caller: Case Number : DELIVER CHECK $ 261.9 Case Title : 5 TO COURT REPORTER Documents: AND OBTAINPTS RE:LUMINENT Client/Matter: 1221 LUMINENT Signed by: 1600 / N PATORNE

Total

INVOICE PAYMENT DUE UPON RECEIPT Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 38 of 99 s ^, e, LEGAL =. INC.

207 S. Broadway Avenue 16th Floor I Los Angeles I CA 90012

BERMAN,DEVALERIO,PEASE,TABACCO ETAL 425 CALIFORNIA STREET,2IST FLR NATIONWIDE LEGAL INC. ATTN:A000UNTS PAYABLE 207 S.BROADWAY AVE.6TH FL SAN FRANCISCO, CA 94104 LOS ANGELES,CA.90012 TAX ID## Cut here and return with payment

_ customerNo Invoke No Pen d Ertd#ng Amoup Die

1/16/09 2B BERMAN , DEVALERIO , PEASE,TABACCO ETAL USDC / SAN FRANCISCO NORTHERN DIST. Base Chg 11 .50 11.50 425 CALIFORNIA STREET 450 GOLDEN GATE AVE. RUSH BIXz SAN FRANCISCO -CA 94104 SAN FRANCISCO CA 94102 Caller: Case Number : DELIVERY ENVELOPE Case Title : JDG HAMILTON - DOcuments : CRTRM 3 17TH FL Client /Matter; 1221LUMINENT Signed by: MARIANNE B

0CDntinued , Total

INVOICE PAYMENT DUE UPON RECEIPT

Case 3:07-cv-0 4073-PJH Document 173-6 Filed 04/15/2009 Page 39 of 9 9 LEGAL INC.

207 S. Broadway Avenue 16th Floor I Los Angeles I CA 90012' sit xF^

BERMAN,DEVALERIO,PEASE,TABACCO ETAL 425 CALIFORNIA STREET,2IST FLR NATIONWIDE LEGAL INC. ATTN:A000UNTS PAYABLE - 207 S.BROADWAY AVE.6TH FL SAN FRANCISCO, CA 94104 LOS ANGELES,CA.90012 TAX ID# Cut here and return with payment

Gusto per In I vQ^ceN^ Perlo^l End)r1g Rrnclur7t (due Rag s r z } o ® o'i` e IT x^ _..,..

3/19/09 3 BERMAN,DEVALERIO,PEASE,TABACCO ETAL USDC/SAN FRANCISCO NORTHERN DIST. Base Chg 14.00 14.00 425 CALIFORNIA STREET 450 GOLDEN GATE AVE. HOT BIKE SAN FRANCISCO CA 94104 SAN FRANCISCO CA 94102 Caller: Case Number:DELIVER CHAMBERS COP Case Title:Y TO JUDGE HAMILTON DOcuments:ASAP Client/Matter: 1221 LUMINANT f Signed by: MARYANN B

Total W^ntinued

INVOICE PAYMENT DUE UPON RECEIPT Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 40 of 99

I OUSE DELIVERY EXPENSES

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 41 of 99

SERVICE LOG FORM

Date Case No. Description of service Initials Cost'

I l^/a ^ yr r ^'rc . cs'^m..r^ 04h S7 . e4 1133 Q/^'S^^ ^- ^ oZ a2 / 7kl/13^^ti04h sf. Ole^r^ tirM^) a U ^o

'Courthouse filing $10.00; Neighborhood service $5.00; Personal service $20.00; other ask Nicole. Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 42 of 99

TELEP ONE/ TELECOPIER

Case 3:07-cv-04073-PJH Document 173 -6 Filed 04/15/2009 Page 43 of 99

Page e

--w PEASE DTABACCIO O at&t 425 CALIFORNIA #2025 ;'^ ,f SAN FRAN CA 94104 TELEPHONE NUMBER: 415 433 3200

i; ii i'siii€':ii^i`:':iii€ €€€€`.€ii`:ii€=Siiiiii ...... ::e[:t::::::::iEiisi;ii`iiii€€ E.B ......

ACCOUNT CODES #3UiAT[. PR{IVIAf Y::C#^E ..... :::::::::::::....:...... _...... :::.::::::::.:...... SEClNDA#tY C!C7^E ...... _...... ::::::::...... LLS i;::::::: FMQUN

1

i

J' fc sf^ ,_ -^^ 1 I0010!-t.::ttz^^ I ......

{

I i

5a

3

SEEM MR iii i isli oil 11 ii

MlNllt

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 44 of 99 Page 8 h, BERMANTABACC DIO PEASE- & TABACCO at&t 425 CALIFORNIA #2025 `--Mee SAN FRAN CA 94104 TELEPHONE NUMBER: 415 433 3200

I_[[ffli?i[[iiii[i?i[i;Iiiiii![Iiiiiiiiiiilil[ifisis!'—:iiiii'€€€€i€€€€€=is?€i€;ii€€€i€€iii€€iii€€i€?: M:q fffiii[€`[^[[s_[fffl[f[[[Itlf`f I €€ is AA^.l. I:. tiii::::::e ::::::::::::::u...... :.:::::::c:::::^iiiiiiiiii i iiiiiiiii ii..... ::::^ iiiiiiiis ::::::::::::::::::::...... _...... ::::::::::::^H i iiiiiiiiS iiiiiiiiiiiiiiiiii _ €? ii :iiiiiiii ii...... iiiii :::::r.::::::a:::.::::::...... ::::::::::::...... ::...... ::e::::::::::::^ ii'ii...:i:2 iiiiiiiiiiii: iiiiiiiiiiiC_ Eiiiii35S iiiiiict'=iiiiiiiiiiiii ? ciiiiiiiii _ iiiiiFii....:'iiiiii3ii '.. iiiii..... iiiii.. ..;';';:';iiii iiiii...: __ .....i...... i...... :7 ii'iiiiiiiiiiii^ iiii ii: .... '"":iiiii: :::iiiiiiiiii i Eiiiii: Sir i iiii3iii iiiiiiiii'_' iiiiiiiiiiii 'r' :':iic...... iii...... iiiiiii'....:iiiii i:Ei::: "`''iiii' :. .. .:::::: :::: !iiiiii€:=_e :::::::::::::::::::::::___.::::::::: ::::::::ii iiiiiiii€€€ i'i;i€€ €iii €iiiiiiiii€iiiiiiiiiiiiii ...... :::...... €°°°...... :-::tR3: :::::::::-:::...... :::::::::::::::::::::::::::::::.:......

XCOUNT CODES :.:,:..,....:':: ::: ..:...:....,..::::::::::::::;:::::::::::::::::::::::::::::::::::::;::::::::_: :.FtATi..:.. !€iiii€€€€:::;::, iiiii:iii ':;iiii i iiiii P..RMA.....:.._Y..C..EIEI ...... ::::...... LMQUN"[ ...... t:COND ...... aLLS...... :::::::::::::...... :::...::::...::::::::-::::::::::...... :::::::::::::::: ' ...... :::...... 11 ::::::::: _:::::::::::::::::::::::::::::. :::::::::::::::-:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::_::::::::::::::::...::::...... :....iiii-DE : SOIRT[4th_ ...... :::...... _.:...... DEORIfRTtS...... ::..:::::::::::::::...... :::..:...... :::::::::::::::::::::::::.:...:...... iiii..:.:...... n..m ...... :.:...... sf

i

a

1 i

...... ::::::::i:::::::^::::::::::::::::::::::::::::::::::::^::::: ..:::_:.: . :: :: :: ::::::::::::::::::::::::::::::::::::::::i ...... :...:::.:::.::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::^:::::::::^::::^:::::::::::^: $0.05 1221 1. 1:00 ::::::..iiii:::-...... X ...... _::::::::::::::::::::::...... :::::::::::::...... ::...... :::::::::...... :...... :::.::::::::::::::::::::::::::::..:_:...... ::,::0:0...... ::::::::::::::::::::::::::::::::::::...... :.::..::...... ii€::iiiii _ ii ii i siiiiiiii s ...... iiiiiiiiiiiiiii = iiiiiiiii; .i'::0 0 ^...... _ ...... VO.Aw...... 5.{.^T.::::::::::::::::^:iiiiiiiiiiiE:^ ... .. :. ::...... _...... ::...... :::::.e:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..:...::...... :.:_...... _...... _...._......

5768.002.002 7 2 2.05.17. N N N N N N N Y

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 45 of 99

Page 6 +,, BERMAN DEVALERIO PEASE & TABACCO aw 425 CALIFORNIA #2025 i f SAN FRAN CA 94104 TELEPHONE NUMBER: 415 433 3200

i`i €iii...... i iii`:=iiiii'iiiis€i€iiiiii =i`:s' :=:€?€€iiis':':ii iiiii** ;:iisii :`:ii! iii € ; .':i': ii€i[ ;?€€€ i':i i=€^' ii€; ':ii!i :iii ::€€ i €€€€ii€€i?i€iiiii':?i€€'s!i=€'Si `:@iiiS@ €€ ii€ ...... ::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::.::::::::::::::::::::::.:::::::::::::::::::::::=iiEi i"i'iiiiii;€ ` €€? €iiii'iiiiiiiii=s?tsL i _i€? =iii': :::::::.:::::::::::::::::::: :::::::::::::;::::::::::: A'...T: X11.._a .._€l G.. c._ ...... iii €i €€'`i€ i_i ?i?si ii'i'ii€i'` ii ii ii '€ i€ ii= i?i i€i!ii i i`i`'.=i_ i ?i i€ .. F:a:::::::^ ^tun^r..::.: tf...... ode :,::1a l...... ACCOUNT CODES ...... l"fIC3[ :: ! s . its PRBIIAEIF :::...... CMDEI SEClNDAY OtMDEf :.::.:::::::.::..:.:...... :...... :..:::::::::::::::::::::::::::::::::::-BALLS :::::.::::::::::::::...... A t?U:: ::::::::::::::::::::.:.... . T .(3E ...... : ::::::::::::.:::::...... DESC RIPTt4t ._:_:...... ::...... :..:...:::::::::::.:::::.::::::::.:.::..:...... _:._:._:.:.:...... :::::::::::::::::::: ::::: :::::::::::::::::.::::::::::: h:;mrrtrs ::::::::::::::;::::::::::::::::::::::::::::::;:::::::::::::::::::::::::;::::::::: ...... ::...... DESG6tfPTl .::::::::.:.....:...... ,

—- F ^' 1 0011 •^r vim ';gA ...... :. ...: ...... ^...... ::::....^...:::"::...... •...... _...... ::::::::...... ::::::::::::::::::::^:::::::f:::a:i?::::::ice ^.$f''..d`:.%_•. A::• € :...... '...l.. .:9^"::,, ...... :. .: :. .r ...... rr ...... 4'f:::::?ti?:::^::::::::::::::: 2: :::::::::^::::^::::::::: ...... :::...::::::^:::::::::::::::::.:. .:.:::::::.:::::^:: :::::::::

......

±v^u

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 46 of 99 Page

BERMAN DEVALERIO PEASE & TABACCO aw 425 CALI FO RN IA #2025 SAN FRAN CA 94104

TELEPHONE NUMBER: 415 433 3200 ...... WHO ...... ' ...... :::::-::-:;::...... :;;;!;:::::::::: ...... iiil!iii!ililiiiiii!ii^!'::...... : ...... iiiiiiiiiiiiiii...... ^W! W. iame'rii1c eHim. A:: ......

ACCOUNT CODES ...... R.. M : ...... * ...... 11 ...... -:: ...... _ J, f - -:66-w- UNP...... 99 . . N ...... -, In msF ......

......

1221 4 7:00 $0.35

...... €S . E ...... - ...... A:: - ...... :.:.:. -.9. W...... : ......

......

4016.002.002957.05.15.NNNNNNNY

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 47 of 99

Page 8 BERMANTABAC OCIO ` PEASE & TABACO at&y 425 CALIFORNIA #2025 SAN FRAN CA 94104 TELEPHONE NUMBER: 415 433 3200

. i[€= i i€;ii?i is'i€?i€;(I€i€ifi€€iiii€i €ii°ii€€€€€;€i€€i€i€€€s€€ii€ii?!i€ i€€€ ii ... .. :...... :. ....a...... :...... G''t`l'I...... ' ...... _...... :...... :..► ._ ...... =ii iiiiiiiii iiiis; iiiiiii=i`i':=i!ii`:iiiii5i_i'iiii'iiii`ii i=i `iiiiiiiii ...... :....:::::::::..::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::-:::::::::::::::::::::::::::::::::::, :..:: €s€.::::::::::1...... E3 :3::::::::5...... Q...... ^.,5 vifflv ...... F.p.r...... c^..a..n► :r...... r ...... :.:.:.:::

CCOUNT CODES ::::::::::::::::::::::::::::::::::::::: ::::: :...::::::: :;: €€s !€€;€;'_€si?i s €i€€= .:. `s :14J: ...... FRNIA#t..GQQE::::::...... :...... :...... :.:..G/[LLS...... I._:...... :::....:.:...... ::::::ECONQY. CL^E..:...:...... :..:: .. .. ::.::::::::.::::..:.:....:._....:....:..:...:.....::::::-:::::lM?UNT- .:...... ::::::.:.:.. hl^::..n^:ss :::.::::::::::::::::...... ::.::::::::::::::::::::::::::::::::::::::::::::::::=:::::::::: RESGRf :::::::....::::...... ::::::::::::::::::::::::::::...... _...

0075 — ...... :::: ::::' , :::::::;:::::::::::: :::::::::: :::::::::::,:::::::::::::,::::::_::,:::::::::::::::::: :::::::::- :::::::::::::...:::::::::::..::..- ..:::::..:::::::::::::::.:: ::::::.::::::: •:: ::::: :.:...... ^a.::-::..:.:..::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::...... ^::::::-::::::::::::...... ::::::::::::::::::::::::::::::::: s :::: ; ;B;Tai;TAB;,::.._:...... ^...... ^{...:::....

r: t

......

n^^rx^

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 48 of 99 Page f ^^^^ BERMANTABACC DIO ^ PEASE 6 TABACCO 425 CALIFORNIA #2025 SAN FRAN CA 94104 ^3^rr TELEPHONE NUMBER: 415 433 326

:::::::::::::.::: : - ..7 ...... :::::'':':::: ::::: ':::::: :':::: ' ::::::::: ::::: ':::::::: ..... ::::: :::::::::.:...... ::..:::::...... ::...... u.s#.v.m. . _......

ACCOUNT CODES ...... i iii € ` AT (44V = i' € ...... s i ...... MC UNT; rnnA^^r .c..... EGQ...... -...... : NDA^3'1 ...... ::..:...... CAL ...... :...... :...... ::..:...... ► ...... _...... :...... ► . ::::::::::::::::: :::- :::::::::::::::.:...... DES!G.R[RT( :...... :...... :.:.:::::::::::::::::::::::::::::::::.:.:::.:::::::::::::::::::::::::::::::::::::-::::::::::...... -...... :::::::::.....DESC.R[RT.[...... :..::::::::...... :.::.: I

...... _......

1 2:00 $0.14 1221 ...... :...... :...... :...... : Q..,......

,r

to

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 49 of 99 PEASE & TABACCO Acc J 425 CALIFORNIA ST 2025 at&t SAN FRANCISCO CA 94104 - 2102 s

AT&T Long Distance Government Fees and Taxes - Continued Description

Account Code 1221

Calls Hr:Min:Sec Amount Calls for 415-433-2563 Domestic 1 0:02:22 0.12 .00 .00 Total for 1 0:02:22 $0.12 Account Code .00 1221 .00

I I

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 50 of 99 BERMAN PEASE & TABACCO A^ w000 425 CALIFORNIA ST 2025 SAN FRANCISCO CA 94104 - 2102 0 at&t

AT&T Long Distance Government Fees and Taxes - Continued Description 415-433-3202 Government Fees and Taxes - Continued Domestic 1 0:04:52 0.24

.00 Total for 4 0:07:19 $0.35 Account Code .00 1221 .00

Account Code 1221

Calls Hr:Min:Sec Amount Calls for 415-433-2563 Domestic 3 0:02:27 0.11

Calls for

12.002350.5185.001.11.0000000YNNNNNNY 81543.81543

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 51 of 99 PEASE & TABACCO Account Number 425 CALIFORNIA ST 2025 Billing Date SAN FRANCISCO CA 94104-2102 at&t

AT&T Long Distance News You Can Use

Government Fees and Taxes - Continued CARRIER INFORMATION

Account Code 1221

Calls Br:Min:Sec Amount Calls for 415-433-5049 Domestic 1 0:07:01 0.34

Total for 1 0:07:01 $0.34 Account Code .00 1221 .00

^ ^ 53:. fY._ ; f`^t-'.^`^ ^'` r ^ r ^r ":4t ^r / s i p ^ S^ c^ a - t t^. s

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 52 of 99 BERMAN DEVALERIO Page PEASE & TABACCO Account Number 425 CALIFORNIA ST 2025 Billing Date at&t SAN FRANCISCO CA 94104 - 2102 - r

AT&T Long Distance Government Fees and Taxes - Continued

Government Fees and Taxes - Continued

i i -

9607.018.207359.08.10.0000000 YYNNNNNY 48365.12697

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 53 of 99

BERMAN DEVALERIO Page PEASE & TABACCO Account Number 425 CALIFORNIA ST 2025 Billing Date i SAN FRANCISCO CA 94104 - 2102 WA at&t

AT&T Long Distance overnment Fees and Taxes - Continued ascription

ccount Code 1221

Calls Hr:Min:Sec Amount alls for 15-433-2563 Domestic 11 0:27:28 0,35 alls for 15-433-3202 Domestic 4 0:03:40 0.00

:al l s for 115-433-6383 Domestic 1 0:00:18 0.00

Total for 16 0:31:26 $0,35 Iccount Code 1221 `^':.

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 54 of 99

err_ BERMAN DEVALERIO Page' 3 PEASE & TABACCO Account Number 425 CALIFORNIA ST 2025 Billing Date. at&t SAN FRANCISCO CA 94104 - 2102

AT&T Long Distance

Government Fees and Taxes - Continued Description

Account Code 1221

Calls Hr:Hin:Sec Amount Calls for 415-433-2563 Domestic 2 0:14:54 0.62

Total for 2 0:14:54 $0.62 Account Code 1221

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 55 of 99

CO .. OR O M W M- G*7 •.

fA r A b t 0 4

cv , N

_ o --A oU 1 a , ',,' a oCO Z. z N U

^, v N d: c y E- \ ` O vi EU ou C CJO o M CD CO

CD N p '^ N ^ytb ^ Y '4 V_ ° to V N L ^ G) c ° E C> Cf

M I LL

^. O D7 C N} O 2 ° fC CO _ 1 E td c CM c a

•E No O ' rC ^. N NL. C (D 0 wZ , LA

S ^- v

$ p c °

p a W N c Rey C T _' WSW p p'

LL ,y .0 N N^ c _ ao E. Cr m da C11 _mmm^ ^,_ a Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 56 of 99

P A E T E C OP, ACCOUNT CODE SUMMARY DATE OF INVOICE 01.10.08 INVOICE NUMBER - INVOICE PERIOD 12.10.07 - 01.09.08 ACCOUNT NUMBER PAGE

ACCOUNT CODE SUMMARY•' 2429547' BERMAN, DE ERMO, PEASE, TASA000,SURT, & PUEILLIO Name:: Call's Minutes Amount, s`

Account Code 1221' 34 82.5 3.1900,

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 57 of 99

Of M O CO C r LO fiJ ^•r^ bg 6^9 M LSD f M

O NC4 v. O ^

^ $ 00 Z! Eo p n I c N ca T

co L N EF ,pp E - N LEV^ oO CO E ,Q y G CY. cn ^° cu ^°'ro ^, a

N y N E w cm g E E m 1 u° ^ ai y ea w '' `` ^ t+ 4 L Cz

N

v^ < >. N$ =- } A _ 00''o ^ ^ q t=Uo ^c W^OV^ (.^ r U)AJa tz •b • Otp ¢ W^LL^ ad}y r-~4 M pOz OO ^4LU y.

Q:F- Mom< as.:a

,j Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 58 of 99 PEASE & TABACCO Account Number i 425 CALIFORNIA ST STE 2025 Billing Date SAN FRANCISCO CA 94104 - 2213 at&t

AT&T Long Distance Government Fees and Taxes -Continued Description

Government Fees and Taxes - Continued Description

Account Code- 1 `1

tom.-a 5'-...- ^'^,4 _._. ,.-,-€... _ .. ,._„^-.^ _ .. tea- _ ^.i ..,<: ^' ^ . -,_ :. ._ a^ .v. -,.-.-^^ .r.. -,,.._ LLr .^ ._ ^.^X _i•F ^^+^_ j ^^ _ . ^ _ ^ __ .__' ^. Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 59 of 99 PEASE & TABACCO Account Number P 425 CALIFORNIA ST STE 2025 Billing Date ^ - SAN FRANCISCO CA 94104 - 2213 at&t

AT&T Long Distance Government Fees and Taxes - Continued

Government Fees and Taxes - Continued

.00 00

415-433-2563 Calls for

y.^ s ME- -,-,', - y;`^y 543 a, y:";^.. ,'''-:' •'''A`°z^.e,- .,ter-"``.^"`° -.€',s a-.r '.^>s -'^3 `..H:

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 60 of 99 PEASE & TABACCO Account Number 415 433-3200 720 2 425 CALIFORNIA ST STE 2025 Billing Date Feb 20, 2009 SAN FRANCISCO CA 94104 - 2213 at&t

AT&T Long Distance Government Fees and Taxes - Continued Description

Government Fees and Taxes - Continued Description

Calls for 415-433-2563 Domestic 2 0:02:00 0.09

Calls for 415-433-3202 Domestic 1 0:04:58 0,24

Total for 3 0:06:59 $0.33/ Account Code 1221

q ...^ ;^ ^^ ^;^ -s- x ^^^ - ^^ c^^.,2k^ 3 ^' " s zoGr^e^ ;^ t .ts •;,^.. - T _"`_ ^ ,s,^y ^ -w sa".,.r ='T.^^'''2 Case 3:07-cv-04073-PJ H Document 173-6 Filed 04/15/2009 Page 61 of 99

TRANSCRIPT FEES

Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 62 of 99

:4*eq uo spelaa 'papn,ou; samleej 6&noag

' 0) Z r- LO O \O O a o N U N Z Z O cp < 69-* o v

w w Z LU Y 1 O W °) S O 1 U f` O?LO O yL U Q O O zQ¢ O MOON U) 0 N Zza^GJf a Ou. U o _IQ zx= 00 01 oJ r D Q ^a< Qrn o. Ir O a¢ rn N CD 06 o O O? ry > W z CN N p 1 O o• x L11 U) cA 6 O O W .-o ® a O O L Z ry 0 o aru °••AQ w RI, 0

LU a cn ^z N O q^ VWrn * a 1 Er 0 Of Z.) l U ¢ U q' 0.z m 0 5E O C U O ®^ L ^UJ0¢ o Q W 0- LL CC L (lj- pip •7i ~ h- O J LL W Y LUO a EL"^ U Z O LIJ >{..4 ,- O v U w • L... ® -C CF) W c) _ x ^ 3 O Q o°U 0 a moo

16-Z1/616ORO ; Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 63 of 99

EXIIIBIT 3 Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 64 of 99

BERMAN DEVALERIO

THE FIRM

The law firm of Berman DeValerio prosecutes class actions nationwide on behalf of victims of securities and antitrust law violations. Founded in 1982, Berman DeValerio has 34 attorneys in Boston, San Francisco and Palm Beach Gardens. The firm holds leadership positions in securities and antitrust actions around the country.

The attorneys at Berman DeValerio have prosecuted hundreds of class actions on behalf of defrauded individuals and institutions, recovering billions of dollars overall for its clients and the classes they have represented. In addition to the financial recoveries, the firm has achieved significant changes in corporate governance.

The firm acts as monitoring, evaluation, and/or litigation counsel for approximately 70 public and union pension funds, including seven of the 10 largest public pension funds in the nation and more than a third of all U.S. public funds with more than $5 billion in defined-benefit assets under management.

RESULTS

Securities Settlements

The firm has negotiated substantial recoveries and corporate governance changes for its clients. The following is a selection of significant results in securities litigation:

Carlson v. Xerox Corp., et al., 3:00-CV-1621 (D. Conn.). Representing the Louisiana State Employees' Retirement System ("LASERS") as co-lead counsel, Berman DeValerio's Boston office negotiated a $750 million settlement to resolve claims of securities fraud against Xerox, certain top officers, and its auditor KPMG LLP. When it received final court approval in January 2009, the recovery was the 10th largest securities class action settlement of all time.

In re: Bristol-Myers Squibb Sec. Litig. (Bristol-Myers 2), 02cv2251 (S.D.N.Y.). Berman DeValerio represented the Fresno County Employees' Retirement Association and the Louisiana State Employees' Retirement System as co-lead plaintiffs, negotiating a cash settlement of $300 million in July 2004. At that time, the settlement was the largest by a drug company in a U.S. securities fraud case. In re: WorldCom, Inc. Sec. Litig., 02cv3288 (S.D.N.Y.). As counsel to court-appointed bondholder representatives the County of Fresno, Calif., and the Fresno County Employees' Retirement Association, Berman DeValerio helped a team of lawyers representing the lead plaintiff, the New York State Common Retirement Fund, obtain settlements worth more than $6.13 billion as of July 2005.

1 BOSTON SAN FRANCISCO PALM BEACH GARDENS ''• Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 65 of 99 y1 IL 0

BERMAN DEVALERCU

In re: El Paso Sec. Litig., H-02-2717 (S.D. Tex.). Representing the Oklahoma Firefighters Pension and Retirement System as co-lead plaintiff, Berman DeValerio helped negotiate a memorandum of understanding to settle claims against the defendants for $285 million, including $12 million from auditors PricewaterhouseCoopers. The court granted final approval of the settlement in March 2007.

In re: Digital Lightwave Sec. Litig., 98-152cvT-24C (M.D. Fla.). The Boston office acted as co-lead counsel and the Florida office acted as liaison counsel in negotiating a settlement that included changing company management and strengthening the company's internal financial controls. The class received 1.8 million shares of freely tradable common stock that traded at just below $4 per share when the court approved the settlement. At the time the shares were distributed to the members of the class, the stock traded at approximately $100 per share and class members received more than 200% of their losses after the payment of attorneys' fees and expenses. The total value of the settlement, at the time of distribution, was almost $200 million.

In re: Bristol-Myers Squibb Sec. Litig. (Bristol-Myers, 1), 00cv1990, (D.N.J). The firm negotiated a $185 million partial settlement with Bristol-Myers and Charles A. Heimbold, Jr., the company's former chairman and chief executive officer. The company also agreed to implement corporate governance reforms. The settlement agreement received final court approval in May 2006.

In re: Symbol Technologies, Inc. Sec. Litig., 2:02cv01383 (E.D.N.Y.). Berman DeValerio represented the Municipal Police Employees' Retirement System of Louisiana as co-lead plaintiff, obtaining a $139 million partial settlement in June 2004. Subsequently, Symbol's .former auditor, Deloitte & Touche LLP, agreed to pay $24 million. The settlement was approved by the court in September 2006.

In re: Lernout & Hauspie Sec. Litig., 00-11589 (D. Mass.) and Quaak v. Dexia, S.A., 03-11566 (D. Mass.). As co-lead counsel, Berman DeValerio negotiated what was then the third largest settlement ever paid by accounting firms in a securities class action — a $115 million agreement with the U.S. and Belgian affiliates of KPMG International —to settle claims of accounting malpractice in December 2004. The case stemmed from KPMG's work for Lernout & Hauspie Speech Products, a software company driven into bankruptcy by a massive fraudulent scandal. In March 2005, the firm also reached an additional settlement worth $5.27 million with certain of Lernout & Hauspie's former top officers and directors. In the related Quaak case, the firm negotiated a $60 million settlement with Dexia Bank Belgium to settle claims stemming from the bank's alleged role in the fraudulent scheme at Lernout & Hauspie. The court granted final approval of the Dexia settlement in June 2007. The Dexia agreement brought the total settlement value to more than $180 million.

2 BOSTON SAN FRANCISCO PALM BEACH GARDENS- Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 66 of 99 EID""'

BERMAN DEVALERCO

In re: Prison Realty Sec. Litig., 3:99cv0452 (M.D. Tenn.), (In re: Old CCA Sec. Litig., 3:99cv0458). The firm represented the former shareholders of Corrections Corporation of America, which merged with another company to form Prison Realty Trust, Inc. The action charged that the registration statement issued in connection with the merger contained untrue statements. The firm countered arguments that the class' claims of securities fraud were released in prior litigation involving the merger and overcame motions to dismiss. It negotiated a global settlement of approximately $120 million in cash and stock for this case and other related litigation.

Oracle Cases, Coordination Proceeding, Special Title (Rule 1550(b)) No. 4180 (Cal. Sup. Ct., SM Cty.). In this coordinated derivative action, Oracle Corporation shareholders alleged that the company's CEO, Lawrence J. Ellison, profited from illegal insider trading. Acting as co-lead counsel, the firm reached a settlement under which Mr. Ellison would personally make a charitable donation of $100 million over five years in Oracle's name to an institution or charity approved by the company and pay $22 million in attorneys' fees and expenses associated with the prosecution of the case. This innovative agreement, approved by a judge in December 2005, benefited Oracle through increased goodwill and brand recognition, while minimizing issues that would have been raised by a payment from Mr. Ellison to the company, of which he was a large shareholder. In addition, the lawsuit resulted in important changes to Oracle's insider trading policies that decrease the chances that an insider will trade in possession of material, non-public information.

In re: Philip Services Corp. Sec. Litig., 98cv0835 (S.D.N.Y). As co-lead counsel, Berman DeValerio negotiated a total $79.75 million settlement with the bankrupt company's former auditors, top officers, directors and underwriters. The case alleges that Philip Services and its top officers and directors made false and misleading statements regarding the company's publicly reported revenues, earnings, assets and liabilities. The court granted final approval of the settlements in March 2007.

In re: Reliant Sec. Litig., 02cv1810 (S.D. Tex.). As lead counsel representing the Municipal Police Employees' Retirement System of Louisiana, the firm negotiated a $75 million cash settlement from the company and Deloitte & Touche LLP. The settlement agreement was announced in July 2005 and the Court granted final approval in January 2006.

In re: KLA-Tencor Corp. Sec. Litig., 06cv04065 (N.D. Cal.). Representing co-lead plaintiff the Louisiana Municipal Police Employees' Retirement System, Berman DeValerio negotiated a $65 million agreement in January 2008 to settle claims that KLA-Tencor illegally backdated stock option grants, issued false and misleading statements regarding grants to key executives, and inflated the company's financial results by understating expenses associated with the backdated options. The Court has granted final approval.

3 BOSTON SAN FRANCISCO PALM BEACH GARDENS -w- Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 67 of 99

BERMAN DEVALER10

Ehrenreich v. Witter, 95cv6637 (S.D. Fla.). The Florida office acted as co-lead counsel in a case involving Sensormatic Electronics Corp., which resulted in a settlement of $53.5 million approved in 1998. It was one of the largest class action settlements in the state of Florida.

In re: Thomas & Betts Sec. Litig., 2:00cv2127 (W.D. Tenn.). The firm served as co-lead counsel in this class action, which settled for more than $51 million. Plaintiffs had accused the company and other defendants of issuing false and misleading financial statements for 1996, 1997, 1998, 1999 and the first two quarters of 2000.

In re: Enterasys Networks, Inc. Sec. Litig., C-02-071-M (D.N.H.). Berman DeValerio acted as sole lead counsel in a case against Enterasys Networks, Inc., in which the Los Angeles County Employees Retirement Association was lead plaintiff. The company settled in October 2003 for $17 million in cash, stock valued at $33 million and major corporate governance improvements that opened the computer networking company to greater public scrutiny. Changes included requiring the company to back a proposal to eliminate its staggered board of directors, allowing certain large shareholders to propose candidates to the board and expanding the company's annual proxy disclosures. The settlement received court approval in December 2003.

Giarraputo v. UNUMProvident Corp., 2:99cv00301 (D. Me.). A member of the executive committee representing plaintiffs, Berman DeValerio secured a $45 million settlement in a lawsuit stemming from the 1999 merger that created UNUMProvident. Shareholders of both predecessor companies accused the insurer of misleading the public about its business condition before the merger. The settlement received final approval in June 2002.

In re: UCAR International, Inc. Sec. Litig., 98cv0600 (D. Conn.). The firm represented the Florida State Board of. Administration as the lead plaintiff in a securities claim arising from an accounting restatement. The case settled for $40 million cash and the requirement that UCAR appoint an independent director to its board of directors. The settlement was approved in 2000.

In re: SmartForce PLC d/b/a SkillSoft Sec. Litig., 02cv544 (D.N.H.). Representing the Teachers' Retirement System of Louisiana as co-lead plaintiff, Berman DeValerio negotiated a $30.5 million partial settlement with SkillSoft. Subsequently, the firm also negotiated an $8 million cash settlement with Ernst & Young Chartered Accountants and Ernst & Young LLP, SkillSoft's auditors at the time. The settlements received final approval in September 2004 and November 2005, respectively.

In re: Centennial Technologies Sec. Litig., 97cv10304 (D. Mass.). The firm served as sole lead counsel a class action involving a massive accounting scandal that shot down the company's high-flying stock. The Boston office negotiated a settlement that permitted a turnaround of the company and provided a substantial recovery for class members. The firm negotiated changes 4

BOSTON SAN FRANCISCO PALM BEACH GARDENS,. Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 68 of 99 D BERMAN DEVALERIO in corporate practice, including a strengthening of internal financial controls and obtained 37% of the company's stock for the class. The firm also recovered $20 million from Coopers & Lybrand, Centennial's auditor at the time. In addition, the firm recovered $2.1 million from defendants Jay Alix & Associates and Lawrence J. Ramaekers for a total recovery of more than $35 million for the class.

In re: Avant, Sec. Litig., 96cv20132 (N.D. Cal.). Avant!, a software company, was charged with securities fraud in connection with its alleged theft of a competitor's software code, which Avant! incorporated into its flagship software product. Serving as lead counsel, the firm recovered $35 million for the class. The recovery resulted in each eligible class claimant receiving almost 50% of losses net of attorneys' fees and expenses.

In re: Sykes Enterprises, Inc. Sec. Litig., 8:OOcv212-T-26F (M.D. Fla.). The firm represented the Florida State Board of Administration as co-lead plaintiff. Sykes Enterprises was accused of using improper means to match the company's earnings with Wall Street's expectations. The firm negotiated a $30 million settlement, which received final approval in March 2003.

In re: Valence Sec. Litig., 95cv20459 (N.D. Cal.). The California office served as co-lead counsel for the class, litigating against a Silicon Valley-based company that overstated performance and development of an allegedly revolutionary battery technology. After the Ninth Circuit revered the District Court's decision to grant summary judgment in favor of defendants, the case settled for $30 million in Valence common stock.

In re: Sybase II, Sec. Litig., 98cv0252-CAL (N.D. Cal.). Sybase was charged with inflating its quarterly financial results by improperly recognizing revenue at its wholly owned subsidiary in Japan. Acting as co-lead counsel, attorneys in the California office obtained a $28.5 million settlement.

In re: ICG Communications Inc. Sec. Litig., OOcv1864 (D. Colo.). As co-lead counsel representing the Strategic Marketing Analysis Fund, the firm negotiated an $18 million settlement with ICG Communications Inc. The case alleged that ICG executives misled investors and misrepresented growth, revenues and network capabilities. The court granted final approval of the settlement in January 2007.

In re: Critical Path, Inc. Sec. Litig., 01cv0551 (N.D. Ca.). The firm negotiated a $17.5 million recovery to settle claims of accounting improprieties at a California software development company. The firm, representing the Florida State Board of Administration, was appointed sole lead counsel in August 2001. Allegations of serious fraud arose shortly after the collapse of Critical Path's stock price and certain former officers were indicted for stock fraud. The difficulties facing the lead plaintiff related to marshalling all available resources to secure a recovery for the class as Critical Path teetered on the edge of bankruptcy. Following negotiations, the case settled for $17.5 million. The settlement was approved in June 2002. 5 BOSTON SAN FRANCISCO PALM BEACH GARDENS Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 69 of 99 =1,

BERMAN DEVALERIO

In re: Sunrise Senior Living, Inc. Sec. Litig., 07cv00102 (D.D.C.) A federal judge granted preliminary approval of a $13.5 million settlement between the pension fund for Oklahoma firefighters, represented by Berman DeValerio, and Sunrise Senior Living Inc.

Hallet v. Li & Fung, Ltd., et al., 95cv08917 (S.D.N.Y.). Cyrk Inc. was charged with misrepresenting its financial results and failing to disclose that its largest customer was ending its relationship with the company. In 1998, the Boston office successfully recovered more than $13 million for defrauded investors.

In re: Warnaco Group, Inc. Sec. Litig., 00cv6266 (S.D.N.Y.). Representing the Fresno County Employees' Retirement Association as co-lead plaintiff, the firm negotiated a $12.85 million settlement against several current and former top officers of the company.

Gelfer v. Pegasystems, Inc., et al., 98cv12527 (D. Mass.). As co-lead counsel, the Boston office negotiated a settlement valued at $12.5 million, $4.5 million in cash and $7.5 million in shares of the company's stock or cash, at the company's option.

Sand Point Partners, L.P. v. Pediatrix Medical Group, Inc., 99cv6181 (S.D. Fla.). Berman DeValerio represented the Florida State Board of Administration, which was appointed co-lead plaintiff along with several other public pension funds. The complaint accused Pediatrix of Medicaid billing fraud, claiming that the company illegally increased revenue and profit margins by improperly coding treatment rendered. The case settled for $12 million on the eve of trial in 2002, after completion of discovery. As co-lead counsel, the firm prosecuted the case through pre-trial proceedings.

In re: Molten Metal Technology Inc. Sec. Litig., 1:97cv10325 (D. Mass.) and Axler v. Scientific Ecology Group, Inc., et al., 1:98cv10161 (D. Mass.). As co-lead counsel, the Boston office played a key role in settling the actions after Molten Metal and several affiliates filed a petition for bankruptcy reorganization in Massachusetts. The individual defendants and the insurance carriers in Molten Metal agreed to settle for $11.91 million. After the bankruptcy, a trustee objected to the use of insurance proceeds for the settlement. The parties agreed to pay the trustee $1.325 million of the Molten Metal settlement. The parties also agreed to settle claims against Scientific Ecology Group for $1.25 million, giving Molten Metal's investors $11.835 million.

In re: CHS Electronics, Inc. Sec. Litig., 99-8186-CIV (S.D. Fla.). The firm helped obtain an $11.5 million settlement for co-lead plaintiff Warburg, Dillon, Read, LLC (now UBS Warburg).

In re: Summit Technology Sec. Litig., 96cv11589 (D. Mass.). The Boston office, as co-lead counsel, negotiated a settlement consisting of $10 million for the benefit of the class. The action was intensely litigated for four years, resulting in motion practice on the adequacy of the 6 BOSTON SAN FRANCISCO PALM BEACH GARDENS Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 70 of 99 BD BERMAN D :VALER[© complaint and the issue of class certification, the review and analysis of over a million pages of documents produced by the defendants and 40 third-party witnesses, the depositions of 40 witnesses, the exchange of nine expert reports and the filing of and responding to nine motions for summary judgment.

In re: Exide Corp. Sec. Litig., 98cv60061 (E.D. Mich.). Exide was charged with having altered its inventory accounting system to artificially inflate profits by reselling used, outdated or unsuitable batteries as new ones. The Boston office, as co-lead counsel for the class, recovered more than $10 million in cash for class members.

In re: Fidelity/Micron Sec. Litig., 95cv12676 (D. Mass.). The firm recovered $10 million in cash for Micron investors after a Fidelity Fund manager touted Micron while secretly selling the stock.

In re: Interspeed, Inc. Sec. Litig., 00cv12090-EFH (D. Mass.). The Boston office served as co-lead counsel and negotiated a $7.5 million settlement on behalf of the class. The settlement was reached in an early stage of the proceedings largely as a result of the financial condition of Interspeed and the need to salvage a recovery from its available assets and insurance.

In re: Abercrombie & Fitch Co. Sec. Litig., M21-83 (S.D.N.Y). As a member of the executive committee in the case, the firm recovered more than $6 million on behalf of investors. The case alleges that the clothing company misled investors with respect to declining sales which affected the company's financial condition. The court granted final approval of the settlement in January 2007.

Antitrust Settlements

Over the past two decades, Berman DeValerio has held leadership roles in scores of complex antitrust cases, negotiating substantial settlements for its clients. These include:

In re: Reformulated Gasoline (RFG) Antitrust and Patent Litigation (MDL 05-1671) (C.D.Calif.) Berman DeValerio, as one of four co-lead counsels in the case, negotiated a $48 million settlement with Union Oil Company and Unocal. The agreement settles claims that the defendants manipulated the California gas market for summertime reformulated gasoline and increased prices for consumers. The settlement is noteworthy because it delivers to consumers a combination of clean air benefits and the prospect of funding for alternative fuel research. The settlement received final court approval in November 2008.

In re: Foreign Currency Conversion Fee Antitrust Litig. (MDL 1409) (S.D.N.Y.). The Palm Beach Gardens office, as head of discovery against defendant Citigroup Inc., played a key role in reaching a proposed $336 million settlement. The agreement settles claims that the defendants, which include the VISA, MasterCard and Diners Club networks and other leading 7 BOSTON SAN FRANCISCO PALM BEACH GARDENS• Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 71 of 99 S. BERMAN DEVALERIO bank members of the VISA and MasterCard networks, violated federal and state antitrust laws in connection with fees charged to U.S. cardholders for transactions effected in foreign currencies. The proposed settlement is subject to final court approval.

Sullivan et al. v. DB Investments, Inc. et al., 04cv02819 (D.N.J.). Representing a group of diamond resellers, Berman DeValerio reached a preliminary settlement of $295 million on March 31, 2006, with De Beers in the case. De Beers also agreed to adhere to a broad federal antitrust injunction as part of the class action settlement. The proposed settlement received final court approval in May 2008.

In re: DRAM Antitrust Litig., M:02cv01486 (N.D. Cal). As liaison counsel, the California office actively participated in this Multi-District Litigation which ultimately resulted in significant settlements with some of the world's leading manufacturers of Dynamic Random Access Memory ("DRAM") chips. The defendant chip-makers allegedly conspired to fix prices of the DRAM memory chips sold in the United States during the class period. The negotiated settlements total nearly $326 million.

In re: Sorbates Direct Purchaser Antitrust Litig., C 98-4886 CAL (N.D. Cal.). The California office served as lead counsel, alleging that six manufacturers of Sorbates, a food preservative, violated antitrust laws through participation in a worldwide conspiracy to fix prices and allocations to customers in the United States. The firm negotiated a partial settlement of $82 million with four of the defendants in 2000. Following intensive pretrial litigation, the firm achieved a further $14.5 million settlement with the two remaining defendants, Japanese manufacturers, in 2002. The total settlement achieved for the class was $96.5 million.

In re: Disposable Contact Lens Antitrust Litig., MDL 1030 (M.D. Fla.). Attorneys in the Florida office acted as co-lead counsel and chief trial counsel. Representing both a national class and the State of Florida, the firm helped secure settlements from defendants Bausch & Lomb and the American Optometric Association before trial and from Johnson & Johnson after five weeks of trial. The settlements were valued at more than $92 million and also included significant injunctive relief to make disposable contact lenses available at more discount outlets and at more competitive prices.

In re: Cardizem CD Antitrust Litig., 99-01278 (E.D. Mich.) In another case involving generic drug competition, Berman DeValerio, as co-lead counsel, helped secure an $80 million settlement from French-German drug maker Aventis Pharmaceuticals and the Andrx Corporation of Florida. The payment to consumers, state agencies and insurance companies settles claims that the companies conspired to prevent the marketing of a less expensive generic version of the blood pressure medication Cardizem CD. The state attorneys general of New York and Michigan joined that case in support of the class.

8 BOSTON SAN FRANCISCO PALM BEACH GARDENS _AW_ Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 72 of 99

BERMAN DEVALERI©

In re: Tovs "R" Us Antitrust Litig., MDL 1211 (E.D.N.Y.). The California office negotiated a $62 million settlement to answer claims that the retailer violated laws by colluding to cut off or limit supplies of popular toys to stores that sold the products at lower prices. One component of the settlement required Toys "R" Us to donate $40 million worth of toys to needy children throughout the United States over a three-year period.

In Re: New Motor Vehicles Canadian Export Antitrust Litigation, 03-md-1532 (D. Me.). In an action against automobile manufacturers and dealer associations, Berman DeValerio reached a partial settlement with defendant Toyota Motor Sales for $35 million and changes to the company's business practices to be in compliance with the Sherman Antitrust Act. The proposed partial settlement requires court approval.

In re: Industrial Diamonds Antitrust Litig., MDL-948 (S.D.N.Y.). The California office served as co- lead counsel, alleging General Electric and DeBeers conspired to fix, raise and maintain the prices of industrial diamond products in violation of the federal antitrust laws. The action settled for a combined cash and coupon settlement valued at $26 million.

In re: NASDAQ Market-Makers Antitrust Litig., 94cv3996 (S.D.N.Y). The firm played a significant role in one of the largest antitrust settlements on record in a case that involved alleged price- fixing by more than 30 NASDAQ Market-Makers on about 6,000 NASDAQ-listed stocks over a four-year period. The settlement was valued at nearly $1 billion.

In re: Buspirone Antitrust Litig., MDL 1413 (S.D.N.Y). Berman DeValerio attorneys also played a key role in obtaining a $535 million agreement from Bristol-Myers Squibb Co. to partially settle claims that the drug company had illegally blocked generic competition for its anxiety medication, BuSpar.

Automotive Refinishing Paint Antitrust, J.C.C.P. No. 4199 (Sup. Cal.) A class action on behalf of indirect purchaser-plaintiffs in California State Court against five manufacturers of automotive refinishing coatings and chemicals, alleging that they violated California law by unlawfully conspiring to fix paint prices. Settlements were reached with all defendants totaling $9.4 million. 55% of the proceeds were allocated among an End-User Class consisting of consumers and distributed on a cy pres, or charitable, basis to thirty-nine court-approved organizations throughout California, and the remaining 45% of the proceeds were distributed directly to a Refinishing Class, consisting principally of auto-body shops located throughout California.

LEADERSHIP ROLES

The firm has acted as lead or co-lead counsel in dozens of high profile cases, and has played an active role in some of the country's most prominent class actions. The following is a list of active cases where the firm is currently serving as lead or co-lead counsel for the class or as executive committee member. This list does not include the numerous closed actions where

9 BOSTON SAN FRANCISCO PALM BEACH GARDENS 4W.. Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 73 of 99 BD BERMAN DEVALER[O the firm served as lead or co-lead counsel.

Securities Class Actions

• In re: The Bear Stearns Cos. Inc. Sec., Derivative and ERISA Litig., Master File No. 08-MDL No. 1963 / 08 Civ. 2793 (S.D.N.Y).

• In re: American Home Mortgage Sec. Litig., 07-MD-1898 (E.D.N.Y) — Co-lead Counsel.

• In re: Force Protection Inc. Sec. Litig., 08-cv-845 (D.S.C.) — Co-lead Counsel.

• In re: International Rectifier Corp. Sec. Litig., 07cv02544 (C.D. Cal.) — Co-lead Counsel.

• In re: Par Pharmaceutical Sec. Litig., 06cv03226 (D. N.J.) — Member of the Executive Committee.

• Hwang v. Smith & Wesson Holding Corp., et. al., 07cv30238 (D. Mass.) — Lead Counsel.

• In re: Stone & Webster, Inc. Sec. Litig., OOcv10874 (D. Mass.) — Member of the Executive Committee and Liaison Counsel.

• In re: Xcelera.com Sec. Litig., 1:OOcv11649 (D. Mass.) — Co-lead Counsel.

• In re: State Street Bank and Trust Company and State Street Global Advisors Sec. Litig., 07cv120-21 (D.Mass.) — Co-lead Counsel.

Antitrust Class Actions

• In re: New Motor Vehicles Canadian Export Antitrust Litig., 03-MD-1532-P-H (D. Me.) — Lead Counsel.

• In re: Abbott Laboratories Norvir Antitrust Litig., 04-1511, 04-4203, (N.D. Cal.) — Lead Counsel.

• In re: Pineapple Antitrust Litig., 04cv00705 (S.D.N.Y.) — Co-lead Counsel.

10 BOSTON SAN FRANCISCO PALM BEACH GARDENS 45-All- Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 74 of 99

8D, BERMAN DE'VALER[®

TRIAL EXPERIENCE

The firm also has extensive experience in taking securities and antitrust class actions to trial. Over the years, its attorneys have gone to trial against pharmaceutical companies in New York and Boston, a railroad conglomerate in Delaware, one of the nation's largest trustee banks in Philadelphia, a major food retailer in St. Louis, and the top officers of a failed New England bank. The firm also took an environmental products company to trial in Philadelphia and successfully argued the case before a federal appeals court.

The firm has been involved in more trials than most of the firms in the plaintiffs' class action bar. Our partners' trial experience includes:

• White v. Heartland High-Yield Municipal Bond Fund, 00-C-1388 (E. D. Wis.) Jury trial for three weeks; case settled in mid-trial for a PwC settlement of $8.25 million, the court granted final approval of the settlement in June 2006; • In re: Disposable Contact Lens Antitrust Litig., MDL 1030 (M.D. Fla.) Settled for $60 million with defendant Johnson & Johnson after five weeks of trial; • Gutman, et al v. Howard Savings Bank, et al; 2:90cv02397 (D.N.J.) Jury verdict for plaintiffs after six weeks of trial in individual action. Mr. Tabacco also obtained a landmark opinion allowing investors to pursue common law fraud claims arising out of their decision to retain securities as opposed to purchasing new shares. See Gutman v. Howard Savings Bank, 748 F. Su pp. 254 (D.N.J. 1990); • Hurley v. Federal Deposit Insurance Corp., 88cv940 (D. Mass.) Bench verdict for plaintiffs; • Levine, et al. v. Fenster, et. al., 2cv895131 (D.N.J.) $3 million plaintiffs' verdict following four-week trial; • In re: Equitec Sec. Litig., 90cv2064 (N.D. Cal.) $35 million settlement at close of evidence following five-month trial; • In re: ICN/Viratek Sec. Litig., 87cv4296 (S.D.N.Y.) Hung jury with 8-1 vote in favor of plaintiffs; the case settled for over $14.5 million after the trial; • In re: Biogen Sec. Litig., 94cv12177 (D. Mass.) Verdict for defendants;

11 BOSTON SAN FRANCISCO PALM BEACH GARDENS ^• Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 75 of 99

„

BERMAN DE:'VALERCO

PARTNERS

NORMAN BERMAN In 1982, Norman Berman co-founded Berman DeValerio & Pease, LLP, a predecessor to Berman DeValerio. For the past 25 years, he has focused his practice principally on the complex litigation of cases filed under the federal securities and antitrust laws.

During the course of his career, Mr. Berman has litigated numerous cases to successful resolution, recovering many millions of dollars on behalf of defrauded investors. He was recently among the lead attorneys in the ICG Communications, Inc. and Philips Services, Corp. class actions. In the class action against ICG Communications, he helped to successfully secure an $18 million settlement. Co-lead plaintiffs in the case alleged that ICG executives misled investors and misrepresented ICG's growth, revenues and network capabilities throughout the class period. In the case against Philip Services, Mr. Berman assisted in negotiating a $79.75 million settlement. To date, that settlement includes the largest recovery ever obtained from a Canadian auditor.

Mr. Berman also was part of the team that achieved a $750 million recovery in Carlson v. Xerox Corp., in which the firm represented the Louisiana State Employees' Retirement System as co- lead counsel. The recovery ranked 10th among all securities class action settlements when it received final court approval in 2009.

Mr. Berman has acted as trial counsel in a number of successful cases, including Hurley et al v. Federal Deposit Insurance Corp et al, where the court entered an $18 million judgment against the failed First Service Bank for Savings and ICN Securities Litigation, which settled after trial for more than $14.5 million in 1996. The trial team's work in ICN prompted positive judicial comment.

Prior to co-founding Berman DeValerio & Pease, LLP in 1982, Mr. Berman was associated with the Boston-based general practice firms Barron & Stadfeld, P.C. and Harold Brown & Associates.

Mr. Berman graduated from Boston University in 1970 and from Suffolk University Law School in 1974. While in law school, he was a member of the Public Defenders Group, and following law school, an intern with the Massachusetts Defenders Committee.

Mr. Berman is co-author of a chapter on expert testimony in a handbook on Massachusetts Evidence published by Massachusetts Continuing Legal Education (MCLE). He is AV rated by Martindale-Hubbell.

12 BOSTON SAN FRANCISCO PALM BEACH GARDENSv Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 76 of 99

BERMAN DEVALER10

Mr. Berman is admitted to practice law in the Commonwealth of Massachusetts, the state of Connecticut and the U.S. Supreme Court.

JEFFREY C. BLOCK A partner in Boston, Jeffrey C. Block focuses his practice on securities litigation and is a member of the case evaluation and monitoring team for institutional clients. He is a main point of contact for many of the firm's public fund clients, including the Illinois State Board of Investment, the Massachusetts Pension Reserves Investment Management Board, the Maryland State Retirement Agency, and the Michigan State Retirement Systems.

Mr. Block has worked on numerous securities cases as a lead attorney, obtaining recoveries for investors in the Lernout & Hauspie, Bristol-Myers Squibb, Svmbol Technologies and Philip Services class actions, among others. In Lernout & Hauspie and a related case, Quaak v. Dexia, S.A., Mr. Block and the case team recovered more than $180 million on behalf of former shareholders of Lernout & Hauspie Speech Products, N.V., a bankrupt Belgian software company. The recovery includes one of the largest settlements ever paid by an accounting firm in a securities action. Representing the Louisiana State Employees' Retirement System in the Bristol-Myers Squibb case, Mr. Block helped to recover $300 million for the class. In addition, in the Philip Services case, Mr. Block and the case team negotiated a total $79.5 million settlement. To date, that settlement includes the largest recovery ever obtained from a Canadian auditor.

Prior to joining Berman DeValerio, Mr. Block was associated with the New York law firm of Pomerantz Haudek Block & Grossman, representing shareholders in class actions brought under the federal securities laws and in state court actions involving claims of breaches of fiduciary duties by corporate directors.

Mr. Block graduated cum laude from the State University of New York at Albany in 1983 and received his J.D. in 1986 from Brooklyn Law School, where he finished in the top 10 percent of his class.

Mr. Block is admitted to practice law in the states of New York and Massachusetts. He is a frequent commentator on investor issues, appearing most recently on CNBC and WGBH-TV to discuss the Bernard Madoff fraud.

GLEN DEVALERIO Mr. DeValerio was a co-founder in 1982 of Berman DeValerio & Pease, LLP, one of the law firms that formed Berman DeValerio in 2001. He is also the managing partner of the firm's Boston office and oversees some of the firm's most important cases. As one of the lead attorneys in Carson v. Xerox Corp., he helped negotiate a $750 million settlement, which ranked as the 10th largest securities class action settlement of all time when it received court approval in January

13 BOSTON SAN FRANCISCO PALM BEACH GARDENS Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 77 of 99

BERMAN DEVALE:RIU

2009.

Mr. DeValerio is a primary point of contact for many of the firm's public fund clients, including the Massachusetts Pension Reserves Investment Management Board, the Louisiana State Employees' Retirement System, the Oklahoma Firefighters Pension & Retirement System, the Oklahoma Police Pension & Retirement System and the Pennsylvania State Employees' Retirement System.

Mr. DeValerio has prosecuted federal securities law violations, chiefly class and derivative actions, since the early 1970s. A 1969 graduate of the University of Rhode Island, he received his law degree in 1973 from the Catholic University Law School and served on the Catholic University Law Review's editorial board for two years. In 1973 and 1974, he worked as a law clerk to the Honorable June L. Green, U.S. District Court for the District of Columbia.

A frequent lecturer on complex securities litigation issues, Mr. DeValerio speaks at continuing legal education seminars sponsored by groups such as PLI, ALI-ABA and the Boston Bar Association. He served as the President of the National Association of Securities and Commercial Law Attorneys (NASCAT) from 1996 through 1998.

Mr. DeValerio has been admitted to practice law in the state of Massachusetts as well as the U.S. Districts Courts for the District of Columbia, Massachusetts, Delaware, New Hampshire and Connecticut. He has also been admitted to practice in the 1st and 4th Circuit Courts of Appeals. He is also AV rated by Martindale-Hubbell.

MANUEL J. DOMINGUEZ Manuel Dominguez graduated with honors from the Florida State University Law School in 1995 and was a member of the Transnational Journal of Law and Policy. He received his undergraduate degree from Florida International University in 1991. Mr. Dominguez is admitted to practice law in the State of Florida as well as the United States District Courts for the Northern, Middle and Southern Districts of Florida.

Mr. Dominguez served as an assistant attorney general with the State of Florida from 1995 to 1997 in the Department of Economic Crimes. He participated in the prosecution and investigation of corporations and business entities for violations of Florida's RICO statute, Florida's antitrust statute and Florida's Unfair and Deceptive Trade Practices Act. In private practice from 1997 through 2000 Mr. Dominguez litigated and tried cases involving Florida's Unfair and Deceptive Trade Practices Act, the Florida Consumer Collection Practices Act, Federal Debt Collection Practices Act and Truth In Lending.

KATHLEEN M. DONOVAN-MAHER Kathleen M. Donovan-Maher became a partner at the firm in 1999 and focuses her work in Berman DeValerio's securities practices.

14 BOSTON SAN FRANCISCO PALM BEACH GARDENS w" Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 78 of 99 BD BERMAN DEVALERIO

Ms. Donovan-Maher is currently a principal attorney in a class action against American Home Mortgage. Representing the Oklahoma Police Pension and Retirement System, Berman DeValerio is co-lead counsel in the case, which contends that the real estate investment trust company made materially false and misleading statements to investors, some contained in SEC filings. The lawsuit also claims that American Home failed to write down the value of certain loans in its portfolio, which declined substantially in value as the credit markets unraveled. As a result, investors purchased American Home securities at inflated prices, plaintiffs allege. Ms. Donovan-Maher is responsible for overseeing and managing the prosecution of this case.

During her career, Ms. Donovan-Maher has successfully helped to prosecute numerous class actions. She served as discovery captain in the NASDAQ Antitrust Litigation and was a member of the trial team in the ICN/Viratek Sec. Litig., which settled for $14.5 million when the jury deadlocked at the conclusion of a 1996 trial. Other cases in which Ms. Donovan-Maher has played a chief role include, but are not limited to, Enterasys Networks and SkillSoft. In both cases Ms. Donovan-Maher's efforts helped achieve significant financial recoveries for representing public retirement systems, the Los Angeles County Employees Retirement Association and the Teachers' Retirement System of Louisiana, respectively. In addition to a monetary award, the Enterasys Networks settlement also included corporate governance improvements, requiring the company to back a proposal to eliminate its staggered board of directors, allow certain large shareholders to propose candidates to the board and expand the company's annual proxy disclosures.

Ms. Donovan-Maher graduated from Suffolk University in 1988, receiving a B.S. degree in Business Administration, magna cum laude, and earning an award for maintaining the highest grade point average among students with concentrations in Finance. She graduated from Suffolk University Law School three years later after serving for two years on the Transnational Law Review.

A member in good standing of the state bar of Massachusetts, Ms. Donovan-Maher is also admitted to practice law in the U.S. District Court of Massachusetts and the U.S. Court of Appeals, First Circuit. She is also AV rated by Martindale-Hubbell.

Ms. Donovan-Maher is a frequent author on continuing legal education issues for such groups as ALI-ABA and PLI. She is also a member of Phi Delta Phi, Delta Mu Delta National Honor Society in Business Administration and Omicron Delta Epsilon International Honor Society of Economics.

PATRICK T. EGAN A partner in Boston, Mr. Egan focuses his practice on securities litigation.

15 BOSTON SAN FRANCISCO PALM BEACH GARDENS ^ Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 79 of 99

BERMAN DEr'VALER[O

Mr. Egan has worked on a number of important cases, including Lernout & Haus p ie and the related case, Quaak v. Dexia, S.A. Those cases stem from a massive accounting fraud scheme at Lernout & Hauspie Speech Products, N.V., a bankrupt Belgian software company. As co-lead counsel, the firm recovered more than $180 million on behalf of former Lernout & Hauspie shareholders.

Prior to joining the firm in 1999 and being named partner in 2006, Mr. Egan worked at the U.S. Department of Labor, where he served as an attorney advisor for the Office of Administrative Law Judges.

Mr. Egan received a B.A. in Political Science cum laude from Providence College in 1993. In 1997, he graduated cum laude from Suffolk University Law School. While at Suffolk, Mr. Egan served on the editorial board of the Suffolk University Law Review and authored a note entitled, "Virtual Community Standards: Should Obscenity Law Recognize the Contemporary Community Standard of Cyberspace" 30 Suffolk University L. Rev. 117 (1996).

Mr. Egan is admitted to practice law in the states of Massachusetts, Connecticut and New York, as well as the U.S. District Court of Massachusetts. He is also admitted to practice before the U.S. Courts of Appeals in the 1st and 4th Circuits.

CHRISTOPHER T. HEFFELFINGER Christopher T. Heffelfinger is a 1984 graduate of the University of San Francisco School of Law, where he was a member of the law review. Mr. Heffelfinger graduated from Claremont Men's College in 1977 with a B.A. in economics. Mr. Heffelfinger has an AV rating from Martindale- Hubbell. He specializes in corporate, securities, derivative and antitrust litigation, and has acted as a principal attorney in a number of such cases.

Prior to joining the firm, Mr. Heffelfinger was associated with the San Francisco firm of Gold & Bennett from 1990 —1994 where he practiced securities and bankruptcy litigation. Before that, Mr. Heffelfinger practiced securities litigation and bankruptcy law for five years with a small firm in Marin County with an emphasis on Chapter 11 reorganizations, representing both debtors and creditors. Mr. Heffelfinger has litigated securities cases involving real estate limited partnerships, the mortgage banking and insurance industries, and companies engaged in the high-tech arena where the allegations involved both non-disclosed product problems and accounting fraud issues.

Mr. Heffelfinger has also lectured on discovery as a panelist in the Federal Court Northern District of California Practice Program. In addition, Mr. Heffelfinger served as a Captain (infantry) in the U.S. Marine Corps from 1990-1991, when he was recalled to active duty in support of Operations Desert Shield/Storm.

NICOLE LAVALLEE 16 BOSTON SAN FRANCISCO PALM BEACH GARDENS Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 80 of 99

BERMAN DEVALE RIO

A partner in San Francisco, Ms. Lavallee focuses her practice on securities and derivative litigation and is an integral member of the Firm's case evaluation and monitoring team for institutional clients. The team investigates potential securities law violations to determine whether a case meets the firm's exacting standards.

Ms. Lavallee is a contact for a number of the Firm's institutional clients and has prosecuted a number of the Firm's high-profile securities fraud cases. For example, she is a lead attorney representing the Massachusetts Laborers' Pension Fund as co-lead plaintiff in a class action alleging that International Rectifier Corporation and certain of its former officers and directors manipulated the company's financial results. She was also the lead attorney representing the Louisiana Municipal Police Employees' Retirement System as co-lead plaintiff in the KLA-Tencor Corp. options-backdating class action, which recently settled for $65 million. At the conclusion of the case, Judge Charles R. Breyer praised plaintiffs' counsel for "working very hard" in exchange for an "extraordinarily reasonable" fee. "I appreciate the fact that you've done an outstanding job, and you've been entirely reasonable in what you've done," he said.

Ms. Lavallee was also the partner responsible for the day-to-day prosecution of a derivative insider trading action against Lawrence J. Ellison, the Chief Executive Officer of Oracle Corporation, which resulted in changes to the company's insider trading policies. As part of the 2005 settlement negotiated by plaintiffs' counsel, Mr. Ellison agreed to make $100 million in charitable donations in Oracle's name and pay plaintiffs' attorneys' fees and expenses. At the hearing on summary judgment, the Court praised Ms. Lavallee's work, stating: "Ms. Lavallee, I just wanted to tell you I thought your brief was excellent." Ms. Lavallee also represented as local counsel the state employee retirement systems of Colorado, Minnesota and Utah in a successful opt-out action against McKesson/HBOC brought in San Francisco Superior Court. Though the details of the settlement are confidential, these clients obtained results that far exceed their pro-rata share of the corresponding class action.

Ms. Lavallee is a 1989 graduate of the French Civil Law School at Universite de Montreal in Montreal and obtained her Common Law degree from Osgoode Hall Law School in Toronto. She is admitted to practice law in the State of California. She is AV rated by Martindale-Hubbell.

PETER A. PEASE Peter A. Pease is a founding partner of the firm, which opened its doors as Berman DeValerio & Pease in Boston in 1982. Mr. Pease has spent more than 30 years litigating cases for violations of federal securities and antitrust laws, and for state unfair trade practices claims. His effective and successful advocacy has elicited favorable judicial comment in courts throughout the nation. He has earned an AV Martindale-Hubbell rating from his peers.

He has served as lead counsel in many securities fraud class actions, prevailing in claims against companies in the automotive, biotech, banking, energy, high tech, internet, medical equipment

17

BOSTON SAN FRANCISCO PALM BEACH GARDENS' Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 81 of 99

BERMAN DE:VALER10

and devices, software, telecommunications and other industries. He has led many successful prosecutions of accounting firms and investment bankers.

Mr. Pease has lectured at various bar association Continuing Legal Education programs, trade association annual meetings, and the Sloan School of Management at the Massachusetts Institute of Technology. He has appeared frequently in the print and broadcast media. He served as an editor of the American Bar Association's Franchise Law Journal, 1986-89. Mr. Pease is the executive editor of the Berman DeValerio Monitor, the firm's quarterly newsletter for clients and friends. '

Mr. Pease is chair of the Board of Directors of Bay Cove Human Services, Inc., having served as a director since 2000. Bay Cove serves more than 12,000 individuals and their families each year at more than 80 different program sites, providing treatment for mental illness, developmental disabilities, addiction disorders, and homelessness, and providing early intervention learning programs and services for seniors.

He was elected to the Town of Upton Planning Board 1980-86 and also served as chair 1981-85. He served six years as a deacon of the First Parish Church in Lincoln. In addition to the pleasures of fascinating work and public service, he is devoted to his family, golf and off-trail skiing, and enjoys writing and performing satirical songs about wayward politicians and business executives.

He received a B.A. from the University of Denver in 1972 and a J.D. from Suffolk University Law School in 1976. He is admitted to practice in Massachusetts, the U.S. District Courts of Massachusetts and the Eastern District of Michigan, and the U.S. Courts of Appeals for the First and Third Circuits.

TODD A. SEAVER A partner in the San Francisco office, Todd A. Seaver focuses on antitrust litigation and is a member of the practice group's antitrust new case development team. The team investigates potential antitrust violations to determine whether a case has merit.

Mr. Seaver is currently working on several antitrust cases, including In re: New Motor Vehicles Canadian Export Antitrust, an antitrust action alleging that major auto manufacturers unlawfully conspired to stop export of cheaper Canadian new vehicles into the United States for use or resale. The case has partially settled with Toyota Motor Sales U.S.A. for $35 million. The settlement requires court approval.

Mr. Seaver has worked on a number of the firm's high-profile cases including Cardizem CD, a generic drug competition case that settled for $80 million with Aventis Pharmaceuticals and Andrx Corporation.

18

BOSTON SAN FRANCISCO PALM BEACH GARDENS Uw Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 82 of 99 SL.01 BERMAN DEVALER[O

Mr. Seaver was previously associated with the law firm Devine, Millimet & Branch, P.A., where he practiced commercial litigation. He was also an adjunct Professor of Law with the New England School of Law in 2003.

Todd A. Seaver graduated magna cum laude from Boston University in 1994 with a B.A. in International Relations. He earned a M.Sc. from the London School of Economics in 1995, and graduated cum laude from the American University Washington College of Law in 1999. While in law school, Mr. Seaver served as a law clerk at the Federal Trade Commission's Bureau of Competition and as a judicial extern for the Honorable Ricardo M. Urbina of the U.S. District Court for the District of Columbia.

Mr. Seaver was admitted to the New Hampshire Bar in 1999 and the Massachusetts Bar in 2000. He is also a member of the American Bar Association's Antitrust Section.

LESLIE R. STERN A partner in Boston, Leslie R. Stern heads the potential new matters team for institutional clients. The team investigates possible securities law violations, gauging clients' damages and evaluating the merits of cases to determine the best course of legal action.

In her role with the potential new matters team, Ms. Stern oversees a portfolio monitoring program that combines the power of an online loss calculation system with the hands-on work of a dedicated group of attorneys, investigators and financial analysts. Her case development duties include preparing detailed case analyses and recommendations, and advising clients on their legal options.

Ms. Stern is also a seasoned litigator with more than a decade of experience on cases such as Carlson v. Xerox Corp., in which Berman DeValerio represented the Louisiana State Employees' Retirement System as co-lead counsel. Upon approval in January 2009, the $750 million Xerox settlement ranked as the 10th largest securities class action recovery of all time. Ms. Stern also worked on In re Bristol Myers-Squibb Sec. Litig., which settled for $300 million, and In re Zila Inc. Sec. Litig., which settled for $5.75 million.

Prior to joining Berman DeValerio in 1998 and being named partner in 2003, Ms. Stern practiced general civil litigation. She earned a B.S. degree in Finance from American University in 1991 and graduated, cum laude, from Suffolk University Law School in 1995. While at Suffolk, Ms. Stern served on the Suffolk University Law Review's editorial board and authored three publications.

Ms. Stern has been admitted to practice law in the Commonwealth of Massachusetts and the U.S. District Court of Massachusetts. She has also been admitted to practice in the 1st and 4th Circuits of the U.S. Courts of Appeals.

19 BOSTON SAN FRANCISCO - PALM BEACH GARDENS 4" Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 83 of 99 BD BERMAN DEVALER10

JOSEPH J. TABACCO, JR. Joseph J. Tabacco, Jr. is the managing partner of Berman DeValerio's San Francisco office. A 1974 honors graduate of George Washington University School of Law, he actively litigates antitrust, securities fraud, commercial high tech, and intellectual property matters.

Mr. Tabacco is a primary point of contact for many of Berman DeValerio's institutional clients, including the California State Teachers' Retirement System and the California Public Employees' Retirement System, and Offices of the Attorneys General of Alaska, Michigan, and other states.

Since entering private practice in the early 1980s, Mr. Tabacco has served as trial or lead counsel in numerous antitrust and securities cases and has been involved in all aspects of state and federal litigation. Prior to 1981, Mr. Tabacco served as senior trial attorney for the U.S. Department of Justice, Antitrust Division, and in both the Central District of California and the Southern District of New York. In that capacity, he had major responsibility for several criminal and civil matters, including the antitrust trial of U.S. v. IBM. Since entering private practice, he has tried a number of securities actions, including Gutman v. Howard Savings Bank and In re: Equitec Sec. Litig.

Mr. Tabacco is currently overseeing a number of securities and antitrust cases, including In re: New Motor Vehicles Canadian Export Antitrust Litig., a massive antitrust case against the large auto manufacturers; and a class action against diamond giant DeBeers.

In addition to his role providing legal counsel to public pension and union fund clients, Mr. Tabacco is an independent director of Overstock.com , a publicly traded company, and serves on its Audit and Compensation Committees. He also frequently lectures and authors articles on securities and antitrust law issues and is a member of the Advisory Board of the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law. Mr. Tabacco is also a former teaching fellow of the Attorney General's Advocacy Institute in Washington, D.C., and has served on the faculty of ALI-ABA on programs about U.S.-Canadian business litigation and trial of complex securities cases.

Mr. Tabacco was recently recognized and featured by the Daily Journal as one of California's top 30 securities litigators, a group chosen from both the plaintiff and defense bars. Additionally, for three consecutive years, Mr. Tabacco has been named a Super Lawyer by Northern California Super Lawyer Magazine, which features the top 5% of attorneys in the region. He is AV rated by Martindale-Hubbell.

Mr. Tabacco has been admitted to practice law in the states of California, Massachusetts, New York, and the District of Columbia.

20 BOSTON SAN FRANCISCO PALM BEACH GARDENS" Case 3:07-cv-04073-PJH Document 173-6a Filed 04/15/2009 Page 84 of 99 £g

BERMAN DEVALERIO

BRYAN A. WOOD A partner in Boston, Bryan A. Wood focuses his practice on securities litigation and is a member of the firm's case evaluation and monitoring team for institutional clients.

In addition to his work investigating possible securities law violations, Mr. Wood works on a number of securities matters. For example, he recently worked extensively on the Carlson v. Xerox Corp. litigation. In this case, representing the Louisiana State Employees' Retirement System, Berman DeValerio recently received final court approval for a $750 million settlement. The recovery ranks among the 10 largest securities class action settlements since the passage of the Private Securities Litigation Reform Act of 1995. Mr. Wood was responsible for managing and supervising the firm's discovery process in the Xerox case.

Mr. Wood joined Berman DeValerio as an associate in 2002 and became a partner in 2009. Prior to joining the firm, Mr. Wood was a litigation associate at both Montgomery, McCracken, Walker & Rhoads, LLP in Philadelphia and Schnader Harrison Segal & Lewis in Boston. As an associate at those firms, he represented corporations and directors in shareholder and other class action lawsuits. He also represented businesses and municipalities in general contract and employment discrimination cases.

Mr. Wood graduated cum laude from the University of Massachusetts in 1991 with a B.A. in Sociology. In 1995, he earned an M.S. summa cum laude in Public Policy from the Eagleton Institute of Politics at Rutgers University and graduated cum laude from the Temple University School of Law in 1998. While in law school, he was the Managing Editor of the Temple Law Review and a board member of the Temple Law Moot Court Honor Society. In addition, Mr. Wood completed a one-year internship for the Honorable Edward R. Becker, then Chief Judge for the U.S. Court of Appeals for the 3rd Circuit.

In 2007, Massachusetts Super Lawyers magazine named him a "Rising Star" in recognition of his expertise and work in securities litigation.

Mr. Wood is admitted to practice law in the Commonwealths of Massachusetts and Pennsylvania (voluntarily inactive as of 2005). He is also admitted to the U.S. District Courts for the Districts of Massachusetts, Colorado and Eastern Pennsylvania, as well as the U.S. Court of Appeals for the 1st Circuit. He is also a member of the Boston Bar Association and the American Bar Association.

ASSOCIATES

JULIE J. BAI An associate in San Francisco, Julie J. Bai is a member of the firm's case evaluation and monitoring team for institutional clients. The team investigates potential securities law violations to determine whether a case meets the firm's exacting standards. 21 BOSTON SAN FRANCISCO PALM BEACH GARDENS Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 85 of 99

BERMAN DEV'ALER[O

Ms. Bai currently works on numerous antitrust and securities litigation cases, including Reformulated Gasoline Antitrust, which settled for $48 million, Marvell Technologv Group and International Rectifier.

Prior to joining Berman DeValerio in 2004, Ms. Bai, a Certified Public Accountant, worked as a business assurance associate and senior tax accountant at two major public accounting firms. She earned a B.S. in Economics and a minor in Japanese from the University of Pennsylvania, Wharton School of Business in 1995. In 2003, she received her J.D. from the University of California, Davis, School of Law. While in law school, Ms. Bai worked on family law matters with low-income victims of domestic violence at the Family Protection Clinic in Woodland, California.

Ms. Bai is admitted to practice in California and is a member of the American Bar Association and San Francisco Bar Association.

DANIEL A. BUSHELL An associate in the firm's Florida office, Daniel A. Bushell focuses his practice on antitrust litigation. In addition to working on pending cases, Mr. Bushell is a member of the antitrust practice group's new case development team, which investigates potential antitrust violations to determine whether a case has merit.

Prior to joining Berman DeValerio in 2008, Mr. Bushell was associated with Wites & Kapetan, P.A. in Lighthouse Point, Fla., where he focused on class actions brought under state and federal consumer protection laws, and with Malakoff Doyle & Finberg, P.C. in Pittsburgh, PA, where he focused on class actions brought under federal employee benefits law (ERISA). In those positions, Mr. Bushell was responsible for briefing in numerous precedent-setting cases, such as Penzer v. Transportation Ins. Co., --- F.3d ----, 2008 WL 4662164 (11th Cir. Oct. 23, 2008), Sherrill v. Federal-Mogul Corp. Retirement Programs Comm., 413 F.Supp.2d 842 (E.D. Mich. 2006) and In re CMS Energy ERISA Litig., 225 F.R.D. 539 (E.D. Mich. 2004).

Mr. Bushell earned a B.A. in economics from the University of Michigan in 1996 and a J.D. from the University of Pennsylvania Law School in 2002. While in law school, he served as an editor of the University of Pennsylvania Journal of Labor & Employment Law and was a legal representative at the Penn Legal Assistance Clinic. He was also an intern for U.S. Bankruptcy Judge William H. Gindin, in Trenton, New Jersey.

Mr. Bushell is admitted to practice in the State Courts of Florida and Pennsylvania. He is also admitted to the U.S. District Courts for the Southern District of Florida, the Western District of Pennsylvania and the Eastern District of Michigan, as well as the U.S. Court of Appeals, the Eleventh Circuit.

22

BOSTON SAN FRANCISCO PALM BEACH GARDENS ^- Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 86 of 99 -11, ,^

BERMAN DEVALER 0

KYLE G. DEVALERIO An associate in the firm's Florida office, Kyle G. DeValerio is a member of the antitrust practice's new case development team, which investigates potential antitrust violations to determine the merits of potential cases.

In addition to serving as a member of the new case development team, Mr. DeValerio works on antitrust and securities litigation. He was part of the team in Carlson v. Xerox Corp., which settled for $750 million. Berman DeValerio represented the Louisiana State Employees' Retirement System as co-lead counsel in the matter. At the time of court approval in January 2009, the recovery ranked as the 10th largest securities class action settlement of all time.

Prior to joining the firm as an associate in 2004, Mr. DeValerio worked as a legal intern in the Civil Division of the U.S. Attorney's Office in Boston.

Mr. DeValerio is a 1999 graduate of Colby College, where he earned a B.A. in Government. He also studied European politics at the London School of Economics and Political Science. He received his J.D. in 2004 from the Suffolk University School of Law. During law school, Mr. DeValerio participated in the Irving R. Kaufman Memorial Securities Law Moot Court Competition.

Mr. DeValerio is admitted to practice law in the Commonwealth of Massachusetts, the state of Florida and the U.S. District Court of Massachusetts. He is also a member of the Palm Beach County Bar Association

LESLEY ANN HALE An associate in the San Francisco office, Lesley Ann Hale focuses her practice on securities and antitrust litigation and is a member of the firm's case evaluation and monitoring team for institutional clients. She regularly coordinates stock options backdating investigations and is currently working on a number of pending cases.

Ms. Hale was part of the litigation team in KLA-Tencor Corp., which settled for $65 million in 2008. Representing the Louisiana Municipal Police Employees' Retirement System, Berman DeValerio served as liaison counsel and executive committee member in the case, in which plaintiffs alleged that the corporation backdated stock option grants to individual defendants to provide them with a more profitable exercise price. Ms. Hale supported all aspects of the case.

In the past, she has also worked on cases such as JDS Uniphase Corp., DRAM Antitrust, Flash Memory Antitrust and Abbott Laboratories Norvir Antitrust. Notably, the DRAM case, which prosecutes the world's largest manufacturers of Dynamic Random Access Memory (DRAM) chips, settled for a total of nearly $326 million. Ms. Hale assisted in depositions and helped to prepare expert witnesses.

23 BOSTON SAN FRANCISCO PALM BEACH GARDENS Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 87 of 99

3

BERMAN DEVALERii®

Prior to joining Berman DeValerio in 2005, Ms. Hale served as a Senior Motions Attorney for the Ninth Circuit U.S. Court of Appeals in San Francisco. While at the court, she worked on a "discriminatory pay and promotion policy" class action lawsuit in Dukes v. Walmart and a preliminary injunction appeal challenging the government's "stop-loss" policy in John Doe v. Rumsfeld. Ms. Hale has also served as a Special Assistant U.S. Attorney for the U.S. Attorney's Office in the District of Columbia and as a Trial Attorney in the Criminal Enforcement Section of the U.S. Department of Justice Tax Division.

Ms. Hale graduated cum laude with a B.A. in Government from Harvard College in 1993, where she was named to the Dean's List (1991-1992) and received the Harvard College Scholarship and the Elizabeth C. Agassiz Merit Award, both for academic achievement. In 1998, Ms. Hale received her J.D. from Georgetown University Law Center. While studying at Georgetown, she worked as an assistant to a partner at Russell & Russell P.C., drafting pleadings and conducting legal research, and represented domestic violence victims in the District of Columbia Superior Court.

Ms. Hale is admitted to practice law in the state of California as well as the U.S. District Courts of Northern and Central California. She is also an active member of the San Francisco Bar Association

JAMES C. MAGID An associate in the firm's San Francisco office, James C. Magid focuses his practice on antitrust and securities litigation.

Mr. Magid currently works on numerous securities and antitrust cases, including, Genesislntermedia, Inc., NVIDIA and Abbott Laboratories Norvir Antitrust. The class action against Abbott Laboratories accuses the pharmaceutical giant of monopolistic practices and a drug price-fixing scheme to overcharge thousands of people living with HIV.

Prior to joining the firm, Mr. Magid worked as a staff attorney for the 9th Circuit U.S. Court of Appeals. He earned a B.A., with honors, from the University of California at Berkeley in 2000, majoring in Political Economy of Industrial Societies. Mr. Magid received his J.D. in 2004 from the University of California, Hastings College of the Law. While at Hastings, he earned a number of honors, including the William J. Riegger Memorial Student Prize for outstanding work in international law and the Class of 1969 Scholarship, for demonstration of leadership in community service. He also participated in the spring 2003 Jessup International Law Moot Court Competition and was Notes Editor for the Hastings' Constitution Law Quarterly, from 2003-2004.

Mr. Magid is admitted to practice law in the state of California.

24 BOSTON SAN FRANCISCO PALM BEACH GARDENS •" Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 88 of 99 §s n'

BERMAN DEVALERIO

NATHANIEL L. ORENSTEIN An associate in the firm's Boston office, Nathaniel L. Orenstein focuses his practice on securities litigation.

Prior to joining Berman DeValerio, Mr. Orenstein was a staff attorney for the Office of the Secretary of the Commonwealth of Massachusetts, Securities Division. While there, he monitored companies, investigated matters and pursued enforcement actions to detect and prevent fraud at hedge-funds and related companies. Mr. Orenstein was also the lead attorney on many investigations and actions against broker-dealers, investment advisors and others.

In addition to his work for the Commonwealth, Mr. Orenstein served as a member of the mutual fund and insurance brokerage investigation teams for the Office of the New York State Attorney General's Investment Protection Bureau. He assisted with aspects of the Bureau's investigation work including, case planning, discovery and settlement negotiation.

Prior to obtaining his J.D. from the New York University School of Law in 2005, Mr. Orenstein was a policy analyst, and subsequently promoted to associate director, for the Center for Insurance Research, a consumer advocacy organization. In these roles he participated in complex litigation matters. He also testified in regulatory and legislative proceedings on behalf of policyholders concerning market conduct and insurance rate setting.

In addition to Mr. Orenstein's legal practice at Berman DeValerio, he is on the Board of Directors for the Center for Insurance Research.

Mr. Orenstein is admitted to practice law in the Commonwealth of Massachusetts.

MATTHEW D. PEARSON An associate in the San Francisco office, Matthew D. Pearson focuses his practice on antitrust litigation.

Mr. Pearson is a currently working on several antitrust cases including the In re: New Motor Vehicles Canadian Export Antitrust Litigation, an antitrust action alleging that major auto manufacturers unlawfully conspired to stop the export of cheaper Canadian new vehicles into the United States for use or resale. The case has partially settled with Toyota Motor Sales, U.S.A., Inc. for $35 million. The settlement requires court approval.

Prior to joining Berman DeValerio in 2005, Mr. Pearson earned a B.A. in political science in 1999 from the University of California, Los Angeles, and a J.D. in 2004 from the University of California, Davis, School of Law. While in law school, Mr. Pearson completed the King Hall Public Service Law Program and worked as a legal intern assigned to a felony trial team at the Sacramento County District Attorney's Office.

25 BOSTON SAN FRANCISCO PALM BEACH GARDENS `w-" Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 89 of 99 D BERMAN DEVAL :R10

Mr. Pearson has been admitted to practice law in the State of California as well as the United States District Courts for the Northern, Central and Southern Districts of California.

ANTHONY D. PHILLIPS An associate in San Francisco, Anthony D. Phillips focuses his practice on securities and antitrust litigation.

Mr. Phillips currently works on several securities and antitrust cases, including the In re: New Motor Vehicles Canadian Export Antitrust case, Genesislntermedia and Apple Computer stock options backdating cases.

Mr. Phillips received a combined honors B.A. in history and politics from the University of York, in England. In 2008, he graduated cum laude from the University of San Francisco School of Law, where he was named to the McAuliffe Honor Society and received two CALI Awards for Excellence in Antitrust and Intellectual Property Law and in Legal Ethics. Mr. Phillips also interned for the Honorable Joanne C. Parrilli at the California Court of Appeal.

Prior to attending law school, Mr. Phillips spent eight years working in the logistics industry, including two years as director of product management for a transportation software provider, Varsity Logistics, Inc.

Mr. Phillips is admitted to practice in the State of California and in U.S. District Court in the Northern and in the Eastern Districts of California.

ABIGAIL R. ROMEO An associate in the firm's Boston office, Abigail R. Romeo focuses her practice on securities litigation.

Ms. Romeo is currently a case team member in an ERISA case against State Street Bank and Trust Co. and State Street Global Advisors, Inc., which accuses the financial services giant of breaching its fiduciary duties. She also conducts case investigations to determine whether a potential case meets the firm's exacting standards, assists with lead plaintiff filings and carries out other legal research.

Ms. Romeo worked extensively on the Carlson v. Xerox Corp. litigation, which recently received final court approval for a $750 million settlement. Berman DeValerio represented the Louisiana State Employees' Retirement System as co-lead counsel. The recovery ranks 10th among all securities class action settlements. Ms. Romeo helped manage the discovery process of the case

Prior to joining Berman DeValerio in 2005, Ms. Romeo worked as a litigation associate with Edwards Angell Palmer & Dodge LLP in Boston and as a legal intern with the U.S. Department of 26 BOSTON SAN FRANCISCO PALM BEACH GARDENS - Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 90 of 99

BERMAN DE'V"ALER[Q

Justice, Executive Office for Immigration Review.

Ms. Romeo earned a B.A. in Government from Skidmore College in 2000, graduating summa cum laude. In 2003, she earned a J.D., magna cum laude, from Pepperdine University School of Law, where she received the Witkin Award for Academic Excellence in Contracts I, Torts II and Evidence. Ms. Romeo was also editor of the Pepperdine Law Review.

She is admitted to practice law in the Commonwealth of Massachusetts and the U.S. District Court of Massachusetts. She is also a member of the American Bar.

MATTHEW W. RUAN An associate in the firm's San Francisco office, Matthew W. Ruan focuses his practice on securities and antitrust litigation.

Mr. Ruan currently works on the In re: New Motor Vehicles Canadian Export Antitrust case, which alleges that major auto manufacturers unlawfully conspired to stop export of cheaper Canadian new vehicles into the United States for use or resale. The case has partially settled with Toyota Motor Sales U.S.A. for $35 million. The settlement requires court approval.

Prior to joining Berman DeValerio in 2008, Mr. Ruan worked as an associate at Heins Mills & Olson, P.L.C. in Minneapolis, Minnesota. He was also an intern in the U.S. Department of Justice's Criminal Division and a judicial extern for the Honorable Blanche M. Manning in the U.S. District Court of Northern Illinois.

Mr. Ruan earned an A.B. with honors in anthropology from the University of Chicago and a J.D. from the University of Michigan Law School. While in law school he was an Associate Editor of the Michigan Journal of International Law and a student attorney for the Michigan Appellate Law Clinic.

Mr. Ruan is a member of the state bar of Minnesota. He is also admitted to the U.S. District Court of Minnesota.

JUSTIN N. SAIF An associate in the firm's Boston office, Justin N. Saif focuses his practice on securities litigation.

Prior to joining Berman DeValerio in 2008, Mr. Saif worked as an associate at Foley Hoag LLP in Boston, where he focused on complex civil litigation including securities litigation and professional liability matters involving lawyers and accountants. He was also a paralegal for Zalkind, Rodriguez, Lunt& Duncan LLP in Boston.

Mr. Saif earned an A.B. in Psychology from Harvard University in 1999, graduating cum laude. In 2004 he earned a J.D. from the University of Chicago. While in law school he worked at the 27 BOSTON SAN FRANCISCO PALM BEACH GARDENS -9041- Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 91 of 99

f y , 1/1 BERMAN DEVALERIO

MacArthur Justice Center, an impact litigation firm and legal clinic focused on reforming the criminal justice system.

Mr. Saif is admitted to practice law in the state and federal courts of Massachusetts and the U.S. Court of Appeals, First Circuit. Mr. Saif is a member of the American and Boston Bar Associations.

KATHERINE SKUBECZ An associate in the firm's Boston office, Katherine Skubecz focuses her practice on securities litigation.

Prior to joining Berman DeValerio, Ms. Skubecz worked as a litigation associate with Montgomery, McCracken, Walker & Rhoads, LLP, in Philadelphia. She was also a legal intern for the Honorable James Gardner Colins in Pennsylvania Commonwealth Court.

Ms. Skubecz earned a B.A. in comparative literature and French from the University of Pennsylvania as well as a J.D. from the University of Pennsylvania Law School. While in law school, she received the James Wilson Scholarship for academic merit.

She is admitted to practice law in the Commonwealth of Pennsylvania, the U.S. District Court for the Eastern District of Pennsylvania and the U.S. Court of Appeals, Third Circuit.

Ms. Skubecz was also recently an executive committee member of Young Lawyer's Division of the Philadelphia Bar Association.

AUTUMN SMITH An associate in the Boston office, Autumn Smith focuses her practice on securities litigation.

Prior to joining the firm in 2006, Ms. Smith served as a law clerk to Chief Justice Frank J. Williams, Rhode Island Supreme Court, before joining Rubin and Rudman, LLP as a litigation associate in 2004. There, she worked on a range of complex commercial litigation cases, including securities and environmental matters.

Ms. Smith graduated cum laude in 2000 from Wellesley College with a B.A. in Political Science and Peace and Justice Studies. She earned honors in Political Science and the Eleanor Scheff Kaplan Fund grant in Jewish Studies. She received her J.D. in 2003 from Boston University School of Law. During law school, Ms. Smith served as a research assistant, participated in the Stone Moot Court and the J. Braxton Craven Constitutional Law Moot Court and volunteered for the Mental Health Legal Advisors Committee.

Ms. Smith is admitted to the Massachusetts and New York Bars and is an active member of the Younger Lawyers Division of the Federal Bar Association. 28 BOSTON SAN FRANCISCO PALM BEACH GARDENS'" Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 92 of 99

BERMAN DEVALER10

KRISTEN D. TREMBLE An associate in the firm's Boston office, Kristen D. Tremble focuses her practice on securities litigation.

Prior to joining Berman DeValerio, Ms. Tremble was an associate at Jorden Burt LLP where she was a member of the firm's appellate, class action and national trial practice teams.

Ms. Tremble graduated cum laude from American University in 1999, earning a B.A. in education. She earned her J.D. from Catholic University of.America, Columbus School of Law in 2002, also with cum laude distinction.

While in law school, Ms. Tremble was the associate editor of the Catholic University Law Review and a member of the Securities Law Students Association. She was also an intern in the U.S. Securities and Exchange Commission, Division of Enforcement, Observer Program.

Ms. Tremble is admitted to practice law in the State of Maryland and the District of Columbia.

SPECIAL COUNSEL

KEVIN SHELLEY Kevin Shelley, special counsel to the firm, is a former California Secretary of State and State Assembly leader recognized as an advocate for working people, consumers and investors.

Mr. Shelley's political involvement began in 1978 as a staff member to U.S. Representatives Phil and Sala Burton. He then played a key role in electing their successor, current Speaker of the U.S. House of Representatives Nancy Pelosi, in 1987. His own political career began in 1990, when he won a seat on the San Francisco Board of Supervisors. Elected to the California State Assembly in 1996, he championed the rights of workers and fought to protect civil rights. Among his accomplishments, he improved conditions at nursing homes, drafted new corporate accountability requirements and created a restitution fund for victims of corporate fraud.

Mr. Shelley, who spent five of his six years in the State Assembly as Majority Leader, won election for Secretary of State in November 2002. As the state's chief election officer, he is credited with improving voter participation, calmly overseeing the historic recall election, and decertifying problematic electronic voting machines.

Since 2005, Mr. Shelley has been representing consumers and plaintiffs in civil litigation. He began working with Berman DeValerio in 2006. He earned a B.A. in political science from the University of California-Davis in 1978 and a law degree from the University of California Hastings College of the Law in 1983. A member of the California Bar, he is the son of Jack

29 BOSTON SAN FRANCISCO PALM BEACH GARDENS A0- -- Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 93 of 99 C30t.) BERMAN DEVALER10

Shelley, a former San Francisco mayor, U.S. congressman and California state senator.

OF COUNSEL

C. OLIVER BURT, III For decades, C. Oliver Burt has worked to defend the interests of investors and fight against corporate fraud.

During the course of his extensive career, Mr. Burt has taken a number of cases to trial and appeal to obtain recoveries for defrauded investors. In the White v. Heartland High-Yield Municipal Bond Fund et al. case, for example, following three weeks of trial against the funds' auditors, PricewaterhouseCoopers, Mr. Burt and the case team obtained an $8.25 million settlement — an aggregate settlement of $23.25 million for the class. Mr. Burt was also trial co- counsel for plaintiffs in Peil v. Speiser, a securities class action tried to verdict in 1986, and argued the appeal. In its landmark opinion the Third Circuit Court of Appeals adopted the "fraud-on-the-market" presumption of reliance as the law of the Circuit. In addition, he was plaintiffs' lead trial counsel in Kumpis v. Wetterau and in Upp v. Mellon. Upp v. Mellon, a class action which involved an alleged breach of trust by a bank trustee, was tried to verdict in August 1992. He has argued appeals in class action cases in the Third, Eighth, Ninth and Eleventh Circuits and the Delaware Supreme Court.

Prior to co-founding his firm in West Palm Beach in January 1994, Mr. Burt was a Partner at a Philadelphia law firm and in private practice from 1977 to 1993. During that period of time, he tried many cases and was engaged in commercial litigation including antitrust, securities litigation, unfair competition, white-collar criminal cases and general business litigation, as well as plaintiffs' class actions. During this time, Mr. Burt's tried cases include, Callan, et al. v. State Chemical Manufacturing Company, The Mader Group, Inc. v. Gekoski, et al. , Beta Consultants & Administrators v. Centennial Life Ins. Co. and U.S. v. Natale, a criminal RICO case, among others.

From 1971 to 1977, Mr. Burt was an Assistant U.S. Attorney for the Eastern District of Pennsylvania. He was appointed Chief of the Civil Division of that office in 1973. As Chief of the Civil Division of the U.S. Attorney's Office, he managed and tried many matters including the Grand Jury investigation concerning the bankruptcy of the Penn Central Railroad, United States v. Rosenbaum. That case was tried by Mr. Burt for approximately six weeks in the Federal District Court in Philadelphia in the winter of 1977. Before being promoted to Chief, Mr. Burt was an Assistant U.S. Attorney for several years during which he prosecuted white-collar and other criminal cases involving securities fraud, mail fraud, wire fraud, "check-kiting," embezzlement of bank funds, interstate transportation of stolen motor vehicles, income tax evasion, bank robbery, drug trafficking and other offenses. During that time period, among other cases, he also prosecuted U.S. v. Bertram Lazar, a Ponzi scheme.

In addition to his case work, Mr. Burt has been actively involved in a number of associations, 30 BOSTON SAN FRANCISCO PALM BEACH GARDENS' Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 94 of 99

BERMAN DEVALER[O authored materials and lectured on a variety of legal topics. From 1972 through 1985, he was Chairman of the Criminal Law Committee of the Philadelphia Bar Association Young Lawyers' Section Basic Legal Practice Course. He was an author and lecturer on various legal topics including co-authoring materials on Punitive Damages in the Class Action context and lecturing on that subject at the seminar "Litigating Punitive Damages" presented by the American Conference Institute in New York in May 1995.

Mr. Burt graduated from Swarthmore College with a B.A. in History and earned his J.D. from the University of Pennsylvania Law School

Mr. Burt is a member of the Florida and Pennsylvania Bars, and is admitted to practice before the U.S. Supreme Court, the Third, Eighth, Ninth and Eleventh Circuit Court of Appeals and various Federal U.S District Courts. He is AV rated by Martindale-Hubbell.

Mr. Burt co-founded Burt & Pucillo LLP, one of the firms that merged to form Berman DeValerio in 2001. After serving as a partner in the firm's Florida office, he became of counsel to the firm in January 2009.

KRISTIN J. MOODY Kristin J. Moody is Of Counsel in the firm's Boston office, where she focuses her practice on securities litigation.

Prior to joining Berman DeValerio in 2008, Ms. Moody practiced at Holland & Knight, LLP in Boston and Morrison & Foerster, LLP in San Francisco. While at Morrison & Foerster, Ms. Moody represented clients in complex commercial litigation matters with a focus on securities litigation. At Holland & Knight, she represented clients in a range of white-collar criminal matters, government and regulatory investigations and complex civil litigation, including securities litigation. Ms. Moody has also represented clients in a number of pro bono matters, including discrimination and political asylum cases.

Ms. Moody teaches Business Law at Fisher College in the School of Management and Public Administration and also sits on the Fisher College Advisory Board. She has published several articles in the areas of accounting fraud, securities class actions and derivative suits. Ms. Moody earned an LL.M. from New York University School of Law in 2003, a J.D., cum laude, from Boston College Law School in 1999, and a B.A. in English and Legal Studies, cum laude, from Bucknell University in 1995. While in law school, she was Notes and Comments Editor of the Boston College International and Comparative Law Review and was active in the Women's Law Center.

Ms. Moody is admitted to practice in the Commonwealth of Massachusetts and in the State of California.

31 BOSTON SAN FRANCISCO PALM BEACH GARDENS '^•- Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 95 of 99

BERMAN DEVALER10

ANNE F. O'BERRY Since joining the firm in 2000, Ms. O'Berry has specialized primarily in securities class action litigation, helping to achieve substantial recoveries for institutional investors in cases such as El Paso, Reliant, Sykes and Worldcom. She has also assisted in several of the firm's antitrust and consumer protection cases.

Ms. O'Berry began her legal career as a commercial litigation associate at the New York firm of Debevoise & Plimpton, and since that time has litigated a variety of complex civil and criminal matters at the trial and appellate_ court level, taught as an adjunct law professor and served on several law-related committees.

She obtained her B.A. from the University of Pennsylvania in 1983, graduating summa cum laude and Phi Beta Kappa, and earned her J.D. from New York University Law School in 1986, where she was an editor on the Annual Survey of American Law and published an article on prisoners' rights law. Following law school, she served as a Law Clerk to Judge Dickinson R. Debevoise of the U.S. District Court for the District of New Jersey, and then as a research and teaching associate to Judge A. Leon Higginbotham, Jr. of the U.S. Court of Appeals for the Third Circuit, with whom she co-authored a law review note on Virginia slavery law.

Ms. O'Berry is admitted to the New York and Florida Bars and is a member of the U.S. Supreme Court Bar, the Appellate Practice Section of the Florida Bar, the Palm Beach County Bar Association, and the U.S. Green Building Council's South Florida Chapter.

MICHAEL J. PLICILLO Michael J. Pucillo has been a member of the Florida Bar since 1978, and is admitted to practice before the United States Court of Appeals for the Fifth and Eleventh Circuits and the United States District Courts for the Southern and Middle Districts of Florida and the District of Arizona. Mr. Pucillo is a member of the Southern District of Florida Trial Bar. During 1989-1990, he served as President of the Gold Coast Chapter of the Federal Bar Association. He has served from 1994 to 1997 as Chairman of the Palm Beach County Bar Association Federal Court Practice Committee. He is a graduate of Williams College (1975), and Georgetown University Law School (1978).

Mr. Pucillo has lectured frequently on class actions and litigation. In 1994, Mr. Pucillo became a member of the faculty of the College of Advanced Judicial Studies ("NS"), where he taught "Managing the Complex Civil Case" to Florida circuit court judges, in 1994, 1996 and 2002. He has been an educational sustainer of the Council of Institutional Investors since 1999, and has lectured at several Council meetings on securities litigation issues. He also appeared on the PBS Nightly Business Report on issues relating to investor fraud.

From 1978 to 1979, Mr. Pucillo served as Law Clerk to the Honorable Charles B. Fulton, United States District Judge for the Southern District of Florida. From 1979 to 1981, Mr. Pucillo served 32 BOSTON SAN FRANCISCO PALM BEACH GARDENS 4al-- Case 3:07-cv-04073-PJH Document 173-6per. Filed 04/15/2009 Page 96 of 99

BERMAN DEVALER10 as Law Clerk to the Honorable William J. Campbell, Senior United States District Judge for the Northern District of Illinois. In 1983 and 1984 he was an attorney in the Division of Enforcement of the SEC in Washington, D.C.

Mr. Pucillo, as counsel to court-appointed bond purchaser class representatives, was one of the attorneys who prosecuted bond purchaser claims in the WorldCom Securities Litigation in the Southern District of New York. That litigation resulted in a $6.13 billion settlement. Mr. Pucillo also represented the Florida State Board of Administration in its lead plaintiff application in the Enron Securities Litigation.

As part of a settlement of the UCAR International Securities Litigation in 1999, on behalf of Lead Plaintiff, the Florida State Board of Administration, Mr. Pucillo negotiated significant corporate governance changes that included the appointment of an outside director by the Lead Plaintiff, in addition to a significant monetary recovery.

Mr. Pucillo has prosecuted several securities cases arising out of energy trading. He served as co-lead and lead counsel in the El Paso Securities Litigation and the Reliant Securities Litigation, both in the Southern District of Texas. Those cases settled for $285 million and $75 million, respectively.

After serving on the firm's Executive Committee and as Managing Partner for the firm's Florida Office, Mr. Pucillo became Of Counsel to the firm on January 1, 2009. Mr. Pucillo continues to counsel institutional clients, including the Florida State Board of Administration and handle certain individual and class cases. He also serves as a Trustee of the Robert Gaudino Memorial Fund at Williams College.

WENDY H. ZOBERMAN Wendy H. Zoberman focuses her practice on securities litigation. Since 1990, Ms. Zoberman has prosecuted numerous securities class actions and derivative actions throughout Florida and in other jurisdictions.

Ms. Zoberman regularly represents institutional investors. Examples include the Municipal Police Employees' Retirement System of Louisiana against Reliant Energy, Inc. and the Florida State Board of Administration in shareholder actions involving Sensormatic Electronics Corporation and Sykes Enterprises, Inc. The latter two litigations resulted in what were, at that time, among the largest securities class action settlements in Florida - $53.3 million and $30 million, respectively.

Additionally, Ms. Zoberman participated in the UCAR International, Inc. securities case, one of the first times significant corporate governance relief was achieved as part of a securities class action. The UCAR case, where the Florida State Board of Administration was lead plaintiff, settled for a $40 million cash payment and the right to appoint a new member to UCAR's Board 33 BOSTON SAN FRANCISCO PALM BEACH GARDENS'" Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 97 of 99

BERMAN DEVALER10 of Directors.

Ms. Zoberman is a 1981 graduate of Wellesley College, where she was a Durant Scholar, and was elected to the Phi Beta Kappa Society. She received her law degree from Columbia University in 1984. At Columbia she served as an Articles Editor of the Columbia University- Volunteer Lawyers for the Arts Journal of Art and the Law, and is a co-author of "An Introduction to the New York Artists' Authorship Rights Act," appearing at Vol. 8, No. 3 Columbia - VLA Journal of Art and the Law 369.

Ms. Zoberman is admitted to practice before the U.S. District Court for the Middle and Southern Districts of Florida, the Southern District of New York as well as all Florida State Courts.

After serving as a partner in Berman DeValerio's Florida office, Ms. Zoberman became of counsel to the firm on Jan. 1, 2009.

OTHER KEY PERSONNEL

Robert I. Francis, Forensic Accountant During the past five years at the firm, Robert I. Francis has worked on many cases that have resulted in significant client recoveries, including suits against McKesson, Reliant Energy, Skillsoft plc, Bristol-Myers, and El Paso.

Prior to joining the firm, Mr. Francis worked as a senior audit manager specializing in financial services at KPMG Peat Marwick and PricewaterhouseCoopers LLP, and served as vice president for Global Accounting Policy/External Reporting for State Street Corporation. Mr. Francis also has experience as an independent consultant, providing accounting support services related to compliance requirements of the Sarbanes-Oxley Act of 2002.

Mr. Francis graduated from Bentley College with a BS in Accountancy and received an MBA from Northeastern University. Mr. Francis is a Certified Public Accountant. He is a member of the American Institute of Certified Public Accountants, the Massachusetts Society of CPAs, and a former member of the East Coast Committee of the National Investment Company Service Association (NICSA).

34 BOSTON SAN FRANCISCO PALM BEACH GARDENS -mow' Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 98 of 99 UD"OMMW BERMAN DEVALERIO

Ronald J. Keating, Investigator Based in the firm's Boston office, Ronald J. Keating is a fraud investigator and forensic accountant with nearly three decades of field experience, including 21 years as a Special Agent for the Federal Bureau of Investigation.

A Certified Public Accountant and licensed Private Investigator, Mr. Keating joined the firm in 2008. He devotes his skills and energies to uncovering evidence of fraud, often non-public information obtained through interviews with former employees at suspect companies.

Mr. Keating served as a Special Agent in the FBI's Boston office from 1979-1988 and again from 1995-2007. While with the Bureau, he directed all aspects of complex financial fraud investigations, including securities fraud, Ponzi schemes, financial institution fraud, financial statement fraud, and economic crimes. Cases that Mr. Keating investigated in conjunction with federal and state regulators -- including the Securities Exchange Commission and the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers) -- resulted in criminal penalties, multi-million-dollar settlements and asset forfeiture.

From 1993 to 1995, Mr. Keating served as Senior Special Investigator for the Board of Governors of the Federal Reserve System in Washington D.C., where he directed investigations related to violations of federal money laundering, bank fraud and bank secrecy laws.

Mr. Keating became a CPA in 1979. He is a Massachusetts-licensed Private Investigator and a Certified Anti-Money Laundering Specialist. He earned a Master of Science in Taxation from Bentley College in 1988 and a Bachelor of Science in Accounting from Northeastern University in 1979.

Van C. Khang, Forensic Accountant During the past four years at the firm, Van C. Khang has worked on many cases that have resulted in significant client recoveries, including suits against Symbol Technologies, ICG Communications and Philip Services.

Prior to her arrival at Berman DeValerio, Ms. Khang worked as a manager in the Global Investigations and Dispute Advisory Services Group for the accounting firm of Ernst & Young and, previously, as a senior consultant and staff auditor.

Ms. Khang graduated from the University of Massachusetts in 1998 with a B.S in Accounting and Finance. In 1993, she earned a B.S. in Molecular Biology from the University of Connecticut. Ms. Khang is a Certified Public Accountant in Massachusetts.

35

BOSTON SAN FRANCISCO PALM BEACH GARDENS° Case 3:07-cv-04073-PJH Document 173-6 Filed 04/15/2009 Page 99 of 99

BERMAN DEVALE R10

JEANNINE M. SCARSCIOTTI Jeannine M. Scarsciotti is Berman DeValerio's senior portfolio analyst oversees portfolio monitoring, data analysis, and loss calculations for the Firm's institutional clients. She is also the Firm's senior paralegal and, as such, oversees and coordinates all paralegal projects. She joined the firm in 1995. Ms. Scarsciotti attended Bentley College, graduating, summa cum laude, in 1995. She earned a B.S. in Professional Studies and an ABA-Accredited Certificate of Paralegal Studies.

OFFICES

MASSACHUSETTS FLORIDA One Liberty Square 4280 Professional Center Drive, Ste. 350 Boston, MA 02109 Palm Beach Gardens, FL 33410 Phone: (617) 542-8300 Phone: (561) 835-9400 Fax: (617) 542-1194 Fax: (561) 835-0322

CALIFORNIA 425 California Street, Suite 2100 San Francisco, CA 94104 Phone: (415) 433-3200 Fax: (415) 433-6382

36 BOSTON SAN FRANCISCO PALM BEACH GARDENS- Case 3:07-cv-04073-PJH Document 173-7 Filed 04/15/2009 Page 1 of 6

EXHIBIT 4

FEDERAL EXPRESS AND UPS

{2031 / MISC / 00095078.DOC v1 }

Case 3:07-cv-04073-PJH Document 173-7 Filed 04/15/2009 Page 2 of 6

F e&xInvoice Number Invoice Date Account Number Page:,,'. -.,. 9-000-37047 Dec 02, AN 0100-8129-7 4ofB FedEx Express Shipment Detail By Payor Type (Original) i .!.`.!#lf:: ., i::::^i«r::k^Xi^:F^^.t[il.^tit^il7E .. ^S^•^ ^.k t'^i3^11.'4t:E .+.vS,v: :i .4}s i:. ..W.x{. Y.v: .v?.Sv.a .. .A :,.r r..'F•):y ?}=i:•ii{4 : .,Ti rrS`iv ..h:iri,"^.:"+r' ,r,^''j'• .v^ . n-r^-v..^:•vvv. iv .,l:. :,:-^: SS...M ..n. : ':^...... :...... ,L::.. v:.vry'Li ii}vi•:J^+:}^:-i::j::'::}:- 3 R' •...... t....:.,. n...... f.:..:...... , ..,r::....,...}...rr.,^:.,..^...,..w...:.:..r.•.,a: r.^.:^::::: k,i: 4..{?.•r.:..y...... ,,.....,nr,.,:.:....rear:.....:....rv...... N.n...... xx:.r:...:::xS>xj:.::d:.i:`...... `:yY.,..,.'::G:^i .. .:.,;^^::.?:.::}:.,....: :.. .:...... : c'.,:a;:;::Srr^„-.:u r;>:: ^; :,q.; Fuel Surcharge FedEx - has applied a fuel surcharge of 28 .50% to this shipment `”°•""^^^"^`^^=^ • The Earned Discount for this ship date has been calculated based on a revenue threshold of $153.97 • Distance Based Pricing, Zone 3: • FadEx has audited this shipment for correct packages, weight, and service. Any changes made are reflected in the invoice amount • The package weight exceeds the maximum for the packaging type, therefore, FedEx Pak was rated as Customer Packaging. Automation USAB -SaasWr Tracking 10 867117055073 FRANCIS J MALARS ESQ, JACK C SANOO ESQ Service Type FedEx Priority Overnight LOWEY OANNENBERG COHEN HAR 4922-A ST ELMQ AVE Package Type Customer Packaging 1 N BROADWAY STE 509 BETHESDA MO 20814 US Zone 03 WHITE PLAINS NY 10601-2310 US Packages 1 Rated Weight 7.0lbs, 3.2 kgs Delivered Nov 17, 2008 09:28 Transportation Charge 33.40 Svc Area A2 Fuel Surcharge 7.05 Signed by H.FALCHICK Earned Miscount FedEx Use 031909423100015081_ -8.68 Total Charge USID $31.77 :...... vii..-....: ...u,. r. .w:.,:. .:d+:.. ..,:.. .L ..:.., r,y.....,....i.... ^.,. .,, r...... :...... ,.:.^: -:.: .,-:. ^:: .: .L?i.:»:-.i.. R...... ,.4+i .rw ,^yy^^^^^*^,*^5^^^^ ^^ ^ ,,^ ^^^'7}^Oy}.'a'm"3^-.^jr'4v,':R fi?,:} vCn4'l^C'^'^ ,^. :}:^• y4 -:.•St. G^'$: n .,;'?:}:4v:::ii^^LSr {+' +.iii i .t. "i}, ^ ...:.E..,:..---..i>:.:::>v.!}u:.',.:r'.. • Fuel Surcharge - FedEx has applied a fuel surcharge of 28 .50% to this shipment - --.---- • Distance Based Pricing, Zone 8 • Package Delivered to Recipient Address- Release Authorized • Your revenue threshold for this ship date was not met, therefore no Earned Discounts were applied,

Automation USAB I Recilin Tracking 10 867117055100 ANNE PENACHIO ESQ, MR MATTHEW CLOPP Service Type FedEx Priority Overnight LOWEY DANNENBERG COHEN HAR - Package Type FedEx Envelope 1 N BROADWAY STE 509 34356 NOTRE BANE DR Zone 08 WHITE PLAINS NY 10601 -2310 US' SANTA CLARACA 95051 US Packages 1 Rated Weight 3,0 ibs,1.4 kgs Delivered Nov 18, 2008 08:53 Transportation Charge 24.35 Svc Area A2 Fuel Surcharge 760 Signed by 9999999999999 Residential Delivery 2.30 FedEx Use 0322D9814/OD00252102 Total Charge ::::...i_^..,., .:.:.,.rv...... , USa .r^, v. ? r:^ .: n...•. }:4 ^::i?:v;. ... i'}i:;::^; ..... :.:: ....:. .r. } :. r ::v:.....v.vv::;..';•.vv.. ^<^•S-.^:::::ki...v.v.v^ Sj.a...:.:v. v::::h::i..4 v::.....,s .. I.: : , :?i ,: :s ...5. rv}:': ..:4. :,. ..:,.v. v.....:r r.r ....::.,..v.-; .ti.}ii:..:.:: .... r...... r •:: •rv. ...t :.!,.: -: r .. v...... , .:....n+•: r.: `: ..... n ...... :.^. {.....: }fir:::.::: n...... i... r:. ::•::...... :w; .....^ .... ::.,rr is :--.: i.:.a:.,:.: .. n.r...... :.::..}::• r:: xvn :':4;ia:i.}:,ii•rr}r: S:^:^:^:'::i'' - ''S.v.,v ...... w::::; ...... :..,.: ii.:::i:.:?.y::.:i?.::-^ry,.iT:•:r^:^:-:':::ii'is:.}::~:.}::..-ivi^.:ii•::.:.^:, ... .t...,, ::. }i ::^: • The Earned Discountfor this ship date has been calculated based en a revenue threshold of S 1 .39 ...... x..n...... n-...... :....:.^::::.v:.v:?.v:::n4;::•S.v:}>.•:ii•: }: k;:ii;:}$}:i • Fue] Surcharge - FadEx has applied a foal surcharge of 28.50% to this shipment • Distance Based Pricing,Zane3 Automation USAB Reciaia^ Tracking 10 867117055110 ANNE PENACHIO ESQ DISTRICT OF MARYLAND US ATTORN Service Type FedEx. Priority Overnight LOWEY MANNENBERG COHEN HAR 36 S CHARLES ST 4TH FL Package Type FedEx Envelope I N BROADWAY STE 509 BALTIMORE MD 21201 US Zane 03 WHITE PLAINS NY 10601 -2310 US Packages i Rated Weight 2.0 lbs, 0.9 kgs Delivered Nov 18, 2008 09:47 Transportation Charge 1800 Svc Area Al Earned Discount _504 Signed by A KIZZIE Fuel Surcharge 3.89 FedEx Use 03220981410000i97/_ Charge USO $76.66

:

n Case 3:07 cv 04073 PJH Document 173 7 Filed 04/15/2009 Page 3 of 6Page 9-000-37047 - Dkc' 02r 2008 0100-8129-7 5 of 8 : - i' Y:`'••.w :.iiY..:. n -. .i.::::. :.n:w ;• ;:.....-v.v'::.t:.+:: •::.:.: ^:::::::::: ^::::::::.:a:a}^:: v :.::.:..v..',v:•::::.♦ ^yyy r r^ ':.'. '.. ...v... - 1. ..'4 ;•:>::::.: ...:..:^! : ... :..:.:v:::..,-;.:,;::::%1:1:'1•::::1,-v^v:- - v: v:.:: / ^i#^fiRAr::::::::::s, -, ...... J....,... > ^ .: :;ro`.%r.;.>.. F^Swc:•: ^J:x^-^::^:>}::;< ': ^r4}r i^iS:;:: _.:? ...'S:u::;?:..2a:::i'•':x=::...:::.-rv.. r '.} : ...... ui il::::: ^?:-:2f•: i-::: in}:} rn..::.ti {.^::.: ^:i :vi`ii:F: .. .t^-k ::::.^_:.^tf: v.::v:rv. ..v..v;.v ^.v:: r.:v:.::^ .:.: :...... :...... ::.v.:v::::.v:::::{:^:.:.... •:.v-.w:.., ::: t. .•:; Via::..: hi:. rl?: IX:ri:'.:: r.. ..:....v. :FT.::..... rv...... r.. r.. _.4...r...... :.... .v.nn a. .:.r..:...... :. { ...... :. .::....:...::.:::v...:.-:.v::v:.v:...:.: v.-. ^ i.v'.i}: ...:...... :.v.:v.:v:::ry:•vi: }}:<{4r :: y..v::.v r.:::._'.}'..'<,: n::..::...... ;::.f:::%}:':' -. v>::"i:•._}:a::}:}}:.:nv::::.:::v:,v:.v:.v:.vn:v:. • Fuel Surcharge - Fe dfx has applied a fuel surcharge of2$.50 %to this shipment. ' • The Earned Discountfor this ship date has been calculated based on a revenue thr Id of Z 150.39 • distance Based Pricing, Zone 3 Automation USAB[ Tracking ID 07117055121 ANNE PENASCHIO ESQ ATfN SPECIAL PROCEDURES Service Type FedEx Priority Overnight LOWEY DANNENBERG COHEN HAR INTERNAL REVENUE SERVICE Package Type Fed Ex Envelope 1 N BROADWAY STE 509 31 HOPKINS PLZ RM 1150 Zone 60 WHITE PLAINS NY 10601-2310 US BALTIMORE MD 21201 US Packages 1 Rated Weight 2.0 lbs, 0.9 kgs Delivered Nov 18, 2008 09:09 Transportation Charge 18,00 Svc Area Al Fuel Surcharge 3.69 Signed by G.LDKINSKI Eamed Discount -5,04 Fed Ex Use 032209814AM1971_ Total Chat" USD $1865 {:^:^:^:::}ii:;:;::V::;;:;M1'f.:::+L;;p::f':`:4:: •^i.i?.:'v':: i•:..'.':.i: ri: ' .: }^. :i: }:i.}v:v..::::•'::i} :.:::::.:..:...... l.. :f ...5....5.:.1:.6.h.:..L•...}'a; - i .: r.:; :::iLr r.:..:.'.. 1iT:...... e`er ...... 4}..v:.. ., _, .:^ ... ).-.:.::...... 3^: :...... } ..yi...... :.:.w.v:::...... v.: .: ...... S^'. ..J ,T-'..^r: . .:.. .. -:I:.n,}n• v. ^^ . ..:. .v :}:5:.::}\4..nv:..»-...... v: }.....h.....:::-. .?...... ^'..---^. ...^ :%n vi •.,.:r•f:.,. .r.rr:::.: .. r. .r...... :....ti.: ..,...... r ...... v...... :.:.:...... ^::...:. nv:: v:^ :::}+}...... rv: r::v vr: v%i:}::y;r•s::::::^:iii:^ :.{:r... .: n...S..-: 4nv?^i;:v -...... v-. 1. •:: :.ii}. 4.:.::, C:4^S:ii:v:::}':'.''r: ...: .: ..:.: :...... F ^:: -.F -. .}:'2::..}v.-:.:.:. • Fuef Surcharge - FedFxhas applied a fuel surcharge o(2A.50% to this shipment. •• • Atuturadafiverywrsrsquastad. • Distance Based Pricing, Zone 3 • 1st attempt Nov 18, 2008 at 10:26 AM. • Your revenue thresh old for this shlp date was not met, therefore no Earned Discounts were applied. Automation USAB Somm Tracking ID 667117055132 ANNE PENACHID ESQ COMPLIANCE DIVISION COMPTROLLE Service Type FedEx Priority Overnight LOWEY DANNENBERG COHEN HAR 301 W PRESTON ST RM 409 Package Type FadEx Envelope i N BROADWAY STE 509 BALTIMORE MO 21201 US Zone 03 WHITE PLAINS NY 10601-2310 US 1 Packages i Rated Weight 2.0lbs, 0.9 kgs Delivered Nov 18, 200810.36• — Svc Area Al Transportation Charge 18.00 Signed by W–BOOTH ' Fuel Surcharge 5.13 FedEx Use U322098141D000197/_ Total Charp USD $29.13 Case 3:07-cv-04073-PJH Document 173-7 Filed 04/15/2009 Page 4 of 6

^. 2 J

6„^C'j z. k

22 `^

rn Case 3:07-cv-04073-PJH Document 173-7 Fi led 04/15/2009 Page 5 of 6 page 2-993-33950 Nov 18, 2008 0100-8129-7 W77

. ..;. .:..::{v.!!C!.....:..)..v... .n.s^::?n•.r.: v!x}^h.:i};., { a].'l.M^+r 4.}j-Y.b,..wv. ^; :\ ...k{i:: -' C{ '^xy1..;, ti:'.4"^:;^r:CCU;.v^.).:.:..:ns;_.`L:iyx.•';7.^":nr,Y.. ai.}.s!?`Sf-]^ ±a+Xn? : i r r: z.; . .Y. a :..i-. t^^, .... :^:?.:: `i ^rrr .., }:::a.. s.::i e4+4.]:; .}:. ':r n- '•{r,::iss. } C: `i"J::liti ^.. :: .: -^t-...^Tv-^•<'+^':S.]:ii.:.: .r::k:s '.vi.::.?:?'^r.?r4:i..:n.....:. ):1^}[^pM.'hl^?^.-....:::. ..^..?...,, -^...^.:::.;S.,r ^. ^.:.v-:vv:ii.'..^ . :er:v? =::vr ):nt)'y:_?.:,...•.: :^:'i.•:^:i'C::'..:':...... r .v1^r:::i:.: .}..: r]:.r. .. n.a.. r. n... .n...: •:::: s: kv isAT:.sS.l` to .:}... ti•\:.. :].k.}:rQ.sIX•\ r a Shurcer e - , ...... • 9 FadEx hass e P P lied a fu el a urchar 9a of 2856% to this shipment }^a ^ ....r...::..r:...... r..':.:...... rr...... r..... sw,-::?vz. ^>: The Earned Discount for this ship data has bag calculated based on a revenue threshold of$ 153.97 • Distance Based Pricing, Zone 3 Automation USAB lamb Tracking 10 666061812986 FRANCIS J MALARA Service Type JACK C SANDO ESQ FadEx Priority Overnight LOWEY DANNEN BERG COHEN MAR Package Type FedEx Envelope 1 N BROADWAY STE 509 Zone 4922 SAIN ELMO AVE 03 WHITE PLAINS NY 10601 -2310 US BETHESDA MD 20814 US Packages 1 Rated Weight N/A Dalivered Nov 12, 2008 09:45 Transportation Charge Svc Area A2 Fuel Surcharge 18'00 Signed by 3.69 H.FALCHICK Earned Discount Fedl x Use 031610084/00001971 Total Charp -5.04 _ A n A USD see s

Case 3:07-cv-04073-PJH Document 173-7 : Filed 04/15/2009 Page 6 of 6

- -,

r

Y _, ,,•: +,^^,^'^ ., a.. <. ._ _ _.:.rRa ..,a_=^;F: ,_.,..s_r^_..ism_a.^,.:,a^.,-e_^.::r^^...y.4.^.»'.^^t .r.:.^.^. ^ r. s• ,^: .., ^ P ,t- g_. ^'s 4'^°''`t'izi.'^'ix, ^'"s'.+^,,jx ^+^.^^^^.>k^ r, „^^, ^'i?;-. ^a

m G ^qm K m m N M m -.- Z w ? R n n g Te CL n m y R. x ^ m -rn " m fi+ y ' :A _ N Q m mam C m m W d; fn :f U3 M_ s m O m ':: . J t q 4. U

^O7 C7 a Q Z N '-' m j N m m[7 a a s w>'Ly ai Z n s C f11 fn ^y 7 j3' N .0^i. y W ^ NJ rM a 1 N N •C1 j }•':v`:' C3 p W m :: 4 ti4-rr'•:: o a E Q 10 ^• cam' `::::^ '•u rz ^ ° ^ '•` c^ !^

CjV, a u^ ^" z

s '•1 S m m ^ Z ^ 1n ^ +^ ` : ^ ^4 cif ^ Q7 A :< •^^ t w^ C - O Z n :i c;2 (_ ^ s w o ova ^<:::fi: ;r^= E

n < Z ar'S: ? 3 Q _ m m :i;.',ky:• is ie w, ^o w ^ EL

N ..;2 U C„ m 7:` r Q y w _R

C x `"SF:^' y .° ° tom,, CO2 y i y° m Q m s7 O mw ^ []

@ C d

^^- T n^a c ^ Q '.r.% Cz -'Mc Z Z

tti q d m

W G 7C RM1 isi'i5:,`.•r:'. _' n n c °• v_ rz nn . .2 ^y•,, °r a `6t °.-. c } q z .. m m

tp fn "1k:u: O ..^ C7 n C

rry;"" C ^a1 C". :...:.....:.. O R m Ol min

i ^M Case 3:07-cv-04073-PJH Document 173-8 Filed 04/15/2009 Page 1 of 8

EXHIBIT 5

COMPUTER RESEARCH

f2031 I MISC 1 00095078.DOC vl ) Case 3:07-cv-04073-PJH Document 173-8 Filed 04/15/2009 Page 2 of 8

9 O N zM CA oho

k^0 k a^ r^

OP

i^ :n

4

1

Case 3:07- cv- 04073- PJH Document 173-8 Filed 04/15/2009 Page 3 of 8 :.

\$ ^A`O a

... ^I^

42 ,\ n .d ^f{o

. ^

§ M

M

/^

} K $^ i ^o

%

,U 2 . m

, ^ §

^ k

y Z

}} . 03

;

\) ^ n

Case 3:07-cv-04073-PJH Document 173-8 Filed 04/15/2009 Page 4 of 8

Y' b

ON A.

4( C Ck Z M

if ro ^

^z c 0MT I Q co m

z ' 3 m

1 N

M T

z 0) z a.

J ^ N U1 41

i

i

1 - r s

f

5

l i

1

^.` 4d

Case 3:07-cv-04073-PJH Document 173-8 Filed 04/15/2009 Page 5 of 8

C' a mm04 z •^ M

0

c^ M

0 0 c c^ z Cn

Case 3:07- cv- 04073- PJH Document 173-8 Filed 04/15/2009 Page 6 of 8

. ^

m. ±

^. ^^^f§^^Eg «kpr Z ^- ^ . ! M § 7 § n § o § ] ; 2 m i g % f k ^§ §• on ^

§Bk ^

^-- ( §§§ :

b io ! B § |

^ 27 k f § ^ 2 k§§ n « w B^64 & k k A

^

s Case 3:07-cv-04073-PJH Document 173-8 Filed 04/15/2009 Page 7 of 8

i

a` M Na Z y Z N o Zto

O O a MG)

a 3 w C w Z n^

^r Case 3:07-cv-04073-PJH Document 173-8 Filed 04/15/2009 Page 8 of 8

I E

o

Z ^^ w O z o W o V Cd) W a V o W U) w OW W a ^ a a ... z m w c

v ^ Case 3:07-cv-04073-PJH Document 173-9 Filed 04/15/2009 Page 1 of 5

EXHIBIT 6

PHOTOCOPIES (IN—HOUSE)

(2031 / MISC / 00095078.DOC v1)

Case 3:07-cv-04073-PJH Document 173-9 Filed 04/15/2009 Page 2 of 5 • Equitrac ftfesslonalv3.s LOWEY DANNENBERG BEMPORAD SELINGER & COHEN, PC Page 1 of 2 Transaction Report, Integrated, Summary By Client 1 Client/Matter

From Dec. 01, 2008 To Dec. 31, 2008 23:59 Ran on: Jan. 05,2009 1:53 PM

Items Page Duration Phone Cost Cost

E

2031 - LUMINENT MORTGAGE 950 $390.00r 03:20:22 $0.00

Case 3:07-cv-04073-PJH Document 173-9 Filed 04/15/2009 Page 3 of 5

oO ^ C 1ILq ` -Y d ri ? n i 6 . ► Zp A7 z N N zM o ^ ^ 4 D L- ."I] a M r^ r m ^ w a M o fl Z m Z o M c7 O m -0 m -o O Q ^o CO ^mo a r vy Z c G?M m go0 O

A I Z 00 N M {7 t fPl to 0 [O w O CD CD Q O Q w^7 CD r IV H

CD 7 O Q

O ^W 4h j O O Q 0w -w

Case 3:07-cv-04073-PJH Document 173-9 Filed 04/15/2009 Page 4 of 5

^' 3 W ^, "n n,

Fr

z rn a z C3 i o O -n O D oNo

rn Q ro° O N W m j v D

rri` Z

r Z 1 W !t _0;aG).x

-a m 0 > O 3 ^ v $ ^ N ^ Q r (A Z C +) XM n } O M Z U) M l 0

w n m N (n O O e+ W M 3 b; ev o co o

n ; H.. C3 3

Case 3:07-cv-04073-PJH Document 173-9 Filed 04/15/2009 Page 5 of 5

CD W;

^ ;^ d n C 1 Z# p Z{ a

Y m ^,

N W ^m ^en v j Z Z7^1.1 M ^ W 177 0 /M^

{7 G7 € ; m 0-o 3e mv CL r_ (A Z c G)M X m m O

N^ m ? n S

i 3 CD ^.

i c1 s ^ W y^ Case 3:07-cv-04073-PJH Document 173-10 Filed 04/15/2009 Page 1 of 3

EXHIBIT 7

POSTAGE

12031 / MISC / 00095078.DOC vl I Case 3:07-cv-04073-PJH Document 173-10 Filed 04/15/2009 Page 2 of 3

DATE CASE AMOUNT CLERK J

Luminent $0.42 GS Vj

3 11-Dec Luminent $13.45 GS

13^7 Case 3:07-cv-04073-PJH Document 173-10 Filed 04/15/2009 Page 3 of 3

C' 0 r N ^ z ^

-C n OZ V) m

8m M ;a G) M00 O D

fA rM ^a z Q c M

I,

µ`- Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 1 of 26

EXHIBIT 8

TRAVEL (AIR FARE, MEALS, LODGING)

120311 MISC / 00095078.DOC v } Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 2 of 26

O 0 rn • 64

LLf 7 cs z

C OD - o a me N z v z z SS. z W L. p Jw UJ Z m CO E^ 0 T ^ T .Q E

m

J

CO O NQ va

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 3 of 26

t

Memo from RICHARD W. COHEN

f To: ^ /' Date

JAI r

C

ell

do

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 4 of 26

To: ^7.= tl 7110 t^ f1

'.is ls7 - a c € Lai € "^ : v 1 ^ ! € sa Liss :`^ ^:: ^ - ! + i € S r ?^' l i i t]3 ! l e.L2 € r-e i ri ^-^! 1 F

t [^+' ^ s^.. I I ^ I € t:C 1 itl [

t7C

,L a C.i;: I L: i l ^'" f I— C^ '°' S 3 T zr !

f^^ t i a ^-- € l^ l I

M M .. r-.rt r+d ^i N w 00 zO O Memo jron? RICHARD W. COFIEN

To: F Date ^ ? f^ % /.. ^ * ^ ^ # ^r ^ r ^ ^ !r a * x

LIS

* a^^i^-^q Fes-€ -- < >4 ooh a^

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 5 of 26

UI) V 4 00 0

Z ° 000qt CV) OiooCACV r 00CQ Cr) CO 't Lo I- LO CM c W c. y o E C CV J

^ cc CO .^ co _ N O f' t0 w C C 7 CU

lC [O X 7 m W

O H ^ 2 Lli

O OTC Q Li.i I— U- q ^a

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 6 of 26

^. r

..rte S` ... r

' haa ^^ u3

r^^ i•.' ^ ^`hlsli.X"4^t^1^^uILl^^t ^'^ {iT!^E:

ZI za .inoA aeau 04 IUUM SM

MA MN.VHI 3no '39NVHJ v «... n r n m m ^$g^ -^ s x r. n i X 'O n IF h o L' o C n N Y. [^ ry ,+ N y y R S e' 1 1 /^ q y J G . O .. G L V ^ i rJ: N 7 ^C I xvi a' ¢ e T a e rr v F t. A w R T z R I L P00j R W 'T7

^ A 1 E ^ P

Pv L L'S 53A 3 l 9 E 4 t9 @ P o o J p x a r m a m o p az o=a mL'1-^ _ x

o w nx N 1.:,:^ T• T )L 60,NN V 0 V Z V AHOrC .^ O { m p ... .o a ^ ^. a

d0i 5Z1 x N o a x a o cro p to N % ^ a. N ... ^ w I I^ } U aIDa8P URW 51 10 toa X p n o o, 1 co r. x r. e m ° m h x o w• w E^ a_ r .^ .^ V I! ► I cm x m e^meo ^r wonsv p .O F F ^ -• w W jaij H oqlo pw^a R Q. (^ 0 0 0 1 N O N '-• F b N I wc•oab oo l ^ ^ o ^ w w

+ n

R

r

M 00 ^^ Y.11

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 7 of 26 #* NBR 0012191105488 `i''• y ^h { PASSENGER ITINERARYLtASE NOTE - YOU y MB. R< , % ?, y PIACEGF M7uE - IM11lOFMM^IY^ +^. - r r. \ a: t t °rs

€#/^ a t r C2 x",t _ .'REST T AW

=.SAN FRANCISCO 1 15t1A ALT 16 ONDM ui .^^^ r Ak'IER[4AFti'i^^L'1ES ..' NEW YORK JFIC k' `_^ FOOD :FDR BUR X a orRew_ h peumN ^ i CtltLl^lcr.Ma ^ ` ^ ro,u.wri^ ^ ^ - -'4 ^ >^° r fr Q ^ & y v r r > Fi^S ^ ^}f^-^,1 - TIKE x 1 K m _ i110R^ > ; > .. } .. _ i , f17K !wY MIR Pwo FOI%[OF M11l1!s r s - {^ "7 r7^ : Y7 - r '` I. JIOOIA111M '^M i Y _ ^ a' t v ' i ^ 1^ %F t^ -.. t a ^ , 4 Ct ^^ ^ ^ ^ ^^ ^ ^- x 1 ^ r'S z. ^ iur Fo1 rx,e^r t'1^4crrry ^^^""^ ^ ^^ ^^ ^ ^ -8 ^ is

7Ax _ DONTn01. MMekRrr ' mlwti) ' Jtlit7t '- ^ .. -1a^eeaw.11R '`^[ " I oML •,3 c ^ ^^' TNC OI{ Mo 00113152-12611NOT,VAT FOR .,,.^. TRANSPORTATION

e `• PP^ TiCKfI ANt3 eAG(AC,1rHECi , eustcrTa^oro^rl gauFC^rrrUcr 2191105 488 3 Amencank r I nes T PASSENGER RECEIPT 10F 9 IN ^1 ^^ r ^ z < -^ 14JAN09 05106102 US - MG#!Nig X ^, _ anxfOf MY7E, - iWlOFMilMl1 u P"i t ,+ >oFa^uen.wo SF B Iutwii IS,.^ 3SC0 t ^' ► 701ACmE Hly^.^'F?`` '^ ?. irc " ^^ ,, C ^r^^; ^ TL C 1^^}'^ f^ 4 :,, 4e - k -- ^: A ^4 . ^K^h ILMi r t F} to •^'^:^'-^^' ^^ 5 ^^Fw^ ^(iarr # a__-- ^. < t9, Q ^,x 5 cv I G V Rr'.+" xjy- 1r PMCWE...... '-T Hkly.,^ . v ^ '^ 4'.y; , f { 4 .5 '^'r ` Y ^TN.IEC(CE +C S- J,` ^y y `(\k^'.`^^^yy /J ^I \^ ^ i1 ,- .1 ^ i^ ! \ ^ CiC C . ! ^{Ir^{1^^^^Yy^ ^^^Rif^if Rlfyy, i{if i^if +Iyyyy Fif `i!AR1111yyyy y yi1qj 3 {I. ^^ l 3 I^wia^r^^ ^ ^~ ' 'l oanTtrl+a T *` # f Q W '00739032240 0l,Z3bEC08LGA v; t :`7 CNCUATIOM f Obi .31, ((324 b .. r y v vy . E' .P^TI'., p I i m 1 (n T • t , AA';SPO 94 %12l^Et141>FI! LAX AA 0'' 1 4 4 11iYN CISU B^ 69>'1^3 7^jFi(LhSI XT5 bAtf : 0 0X^.i^ ^tiyt 1^* ^ ^" I r y y y y y y y FK4 5LAX4 5 h Y '? I 7f 7C y i _ 'C i 7 ?\ (> 1 ` -- _ _ ; i^PMfrM(I x`^ S ^ y a. > -i I - aw.zy r is '.'w if ' e yr2 ¢ t. a^.{a USO 388 84 F 1j 4 p xE'Y.

0 ^. "r ,. x.. -^ ' lIOLTC COR111D1 OOIiFGN - 111!"'^ -= >.N, r^^ ^r ^Sw ^'i,r. ZP`TAX 06 NOT=iR L 1 F T RhAVE"L^^: -} u 00113152`2611 72 001. 21913+05#8$ 2 I oa^l1^ E7

• PASS A1^18AGG1^OE CEGK 2191105488 3 Am^t'^C^1n^^lnes Y AUDIT COUPON 1aF 1 3 9 { )LIP DATE 71"FM8MOFMCOM II SIN IBO , _ _ . _ :. ^+ T ft Scn ono.. ► .... 1' `'"` .`-- _^ .,msaowfra 14JAN09 00551061102.. ,. ^ y 0 f _.a US SF 635 1 F ISCf7 HAR:',,^ 61 K^iS1R k j ,j ° xME OFi 11a+OWpK7rrMM1FHNRF7 ouzo is l T-I B RBA ^% ', : ', , : #rya-5 >r { , z n V N , :_ i A4 "°^ y MA1MA M10E^lOf You YA MOM F5 1^^ y y -i. ^ ^^ V I'©^ J r l )''

Y < _ } AA` I 14, Q1^ 14 S LLI NEW?:Y i^ _j W^ r ' , ` c^oeFUraA-* *#*ter*,^** *,e,t***** EL CC aiaw wus ieeuei rr l.wna wr UT w^u. w n r ME W Ob73 QD324flb123EIEC08LGA 00173903224D`*^1>t^1!**+^Cm ► U} NYC.AA.SF6194.,42FRr'^k?^11 tf *^t,lt**k** LAX M'lfti84 42(10.4iYN USD#3B6 B4EPD Zp1FKlAX XT5 QDAY9.DOXFI * Sa'.srai ?' Y .xa*7k* . a PK4.AX4.55L >^****** *ir^^^^lk*^ *t ** ft f *f 388:84 ' . E^cit 3e 1 TAX ►ssM +^ ^^; , ^> }^, r US ` 29.16*'r*****tp*>i*>T*****>k*##*;' *^,s, g rat eimc adroM AMr tnreu^k! at ee[np1 =;ZP 7 00 N^O^T' VALID FO TRAVEL - xT 14• ..oa TW11b1f' r 5 r^ 0011315226 0 001 2393:105488 ©[],5!8$

P CaseGM 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 8 of 26 14 JAN 09 U5 i^ a a w Aden n f 6W0F Mff pww^Ml ^n x y n 635 NCI SCO IA1^# ', ofv JSF9x ;wuc t TQA1 na ^s l •" ` i' yc F r 5 t G _ r r p- s `(SC x _xv.f trSr - t dri^.l i ^-..r.^ .r r r, y ! "C. 4 k c ^3t4i. s `' FjtANCISG p^y ,. ^? d4JANr 151 ,5 '7W ^- J(a) '_ 7_ N 4 _ 7 s^` ,,^. ^' ^r1 }.. x i s J t ^y y ,^^ T t' r C - ! '^ t ^:. AO ^ ^Y - .i 4 ,fit- a ^' yx A .^ ^ c ^^^ sr `; ^ l ^r sz w ^^ ^^ t'^i^''F^ g > c:°.,^ ^ 1r#*** ##1F # t1E# **# A***** A IFRICAN . AI -7NES` `= #x >' car CL x yi y ^` s .. ^ Q u1 * BOARE3I NG PASS, * ^ _ 1^ 1 4 , I^-/-^ i:fANFGCIEAIICM r { h-J n . ` } y.:^.l ^, e£ ?, h Yom\' S. Y. )^- GIB U ^ar^uaTr^*,^... wat° 8 r. 1r; *7kt*1C 1t #*.* *1r *'1<7k1e*t.* SFAT ^9G ^,^ ; &6 ^120A. ®^` N^ r:F . ti Cyr 1 •.,. \ ^ JT T y ^ Y t` r * `{^ "mT ,, ys 7^717t^ 1< Sau'sia;^ ^Md• POL , ^ •, ?A3 c , ^ >,r. i ^} ,?r s S ^_+,. ^^^ ,^ ^7^7 ^^ ^w ^, '1` ^1Es^ ,'L' ^7[^i! 1d^ ^ *^ ^E ^'r^x 8 e TAX '< '.;r`^'{L111F70.IIIIAdEl1TX- L9lRd1 FNL.iI '}O71 ®111IQ ° : `' - C7C'"' MC l7 }^ ^awua r at 9k # 7k 7k 1E *# 7k,7ti aa.an , 001-1;315?4-;& 2f}^SJ ELECTRONIC r1t4 -1r 1 001 2191105488 5 X63$ rSFO

t r m N \ PASSENGER TICKET AND H GGAIM I*iC y. ' ^ ' ^ ' ^ ' 1 ;^ A r1Ca n $ws^scrTOgaoraFµ . r " t.. T^ ^'+ul 1 O E) NG ^ S ftshA y '^ t ty ACC rl . . ' IL's -^ RSA 13JA 09 lJr7 T .,.aapfieeue r aFrwwo^C 5 +"i4 Ksa^-x w J FK r ; iAR.F,4 Rl W o44 3 v S 4 > RT I ^ R A L t 54 4] Ab {uT,x r IL Er CA7C 111CLL s^.: r n k e r ,;, y^J ?' i i } h^_ 1 ; ^T(^ , ax H W €W YOR E[' JFK t t, 4fJ^► +i^0 '3r (^}^ -z:.r e > t f,l`'^ t '• ^. ,.F NCI. - 8

`ride--e-r- c r L NE]IytIiM7lFON r ; ^t ^ y r cau.±^ft t " pworu^reas r z` K • ~xa ^ ^ .r ^'^` ^ c£ , Z ^ ] '

^:' t C 12.L S L, ': F1111' + .r-'.y •W^Ti^.^swr f rTi ^C;.., E '1 ti. i-i T-.X^k`^! , 8^ b'r hf fs7 ',^} ^?.^ 9- -;C„ w i^ rY ^. •duR01t ^101LI! FOIM)flR^.N4 lr ` : ^ ,tee ^ W T4CQIIgNr- 3T`}a NN^11^ , - - 0[y4 f 4 . U] 00113080:20018 , ELECTRONIC 1 001 7390322400 6 177 ?1FK ^' r ^;..-,..,,,.rnrtein ^ne •nnn, ,.tiEx n!+r:v^ ll - _^ t-;, - zi 7^^t ;-i ^F.ti .,_^A,..^

N ^^ 'PJH ocument 1 Filed 04/15/2009 :Page 9 of 26es m - pQSSENGE R ^^IPT 1 E2 F– N13A L . WY a ^F 31° AND9 41 ^°0E "^ 'x°15 ` FtE L^&'T' Q p 7GH7, Cpt^ u r ^,a J W1 ^c u o- Y '' ! V^rP." '°utaOnit... 4 ry.G^ ^'< _ ^^Y rl^{i -^ YOU`E S it it wyo r^nE W ti a! i - ST a^ wra F j +P'`Ya' ^xz'. Mi°,^ •i..T..L.. q *T ANSF^ ttTrTI^N ^zt ter ^9^32 4011 'S}^' a ^ c^1^1}Y NS `C^ --y--^r-boos is C- c ['(IEFU r'dNTRi4 T fS r UY frtx+Wrwcwn ° < ,pit ICK €IAGIED ACS FED fi5 (10 ` oofurKrxn` 3 c 'NC A i f iF^;;z^,ct^^ ^^ •^ti ..^^"^;,^,i, :r r .,,= S r` ^ L- ^ ^`^ tit yy.p;^':^iS!r leuwwstw :vtis^r^.^..t?^ ^ ` .. ire`;'

y 7p t F Li 1 h fl O IIrG .^fY t"^^ 5 {^ t'^ lti ^L, f {fit c {?c r,^; t`5 _^- s aC111 ti: ^l^a ° ^^"- t TAX NA ' ► t 4 T , of rr^i t ro[ rwrc t qa ;aa acwrJ uw^^rr ^', K ? COrffllOL'M fYII- COg16rf" -=Mif[ !rCfYl K)a Z°••qI C ^^^5 'Xit o" Tr4 m ^Er iv W sa F y 0 001 P 5 02072115 3 re 00113078$4$5OE5_ ff^`c[ Z / K4.^Q `Kr

Ri`FUTAE`1DIYk'1F WITH pASSoE1GER RECEIPT 1 1 ..,wA ^FLIGHT . CPN `TIL^^1A1^^17eS 1 4JAN09^ 2: US I^&I^A,f f 5p11 effs wuiE,orF,uce+a®rlforswwlFrwrA - 'F !j R 'f'HRC}UR ^'^ :' V,

r'104DOODOt OD >' t4 °' r'a^ 7t#dy T *r1< r ,pQ(;.^T^TCKFT OO F O GQNCX Tx QNS 0 ^ ^ nw000c 1+n wok LU C FU1)C < ^Mi 4aos►ncr d Qi{ r` R 15.. UO Q^; Wr i CEDU BAGGAGE FEE We

g _ V kTx t I O V 4^ Qn. TR FL " a r f r ! n IaRw. rr mp ur xam" a ^ rt a c, y- 4 4 ', < S *^ ^ i ' FMa xa e l=b rot, eirdscw 1 _ 0.0 ^ ^ ^Cifi r' ► T ` .II^x r^a.4SSa st arena •,i^i'^;^...aasru:y A._ : rHr NA ^,ts ^^e;;re,i —POP, A!O* a NA'-. 00113152261 220 Q 001 2692121529 4

0

Am

r ^^

LL LL -,

_ -..--.._. - ^^- do_ - .r,.....t.^ .... i <.i.Y[. ,^ ._

Tee Credit Scores! See Your MAPQUEST 3 Credit Reports & Scores!

_ Excellent 750-840 x 5 Good 660-749 Fair 620-659

x Poor 450-619 i I Don't Know _ 7?7

Total Time: 1 hour 6 minutes Total Distance: 47.67 miles A: 44 Lounsbury Rd, Croton on Hudson, NY 10520-2017 Start out going SOUTH on LOUNSBURY RD toward 0.3 mi JASPER RD..-_.__.._._-_._.._.....__-...._ 2: Turn RIGHT onto OLD POST RD N. 0.2 mi

3: Turn onto PROSPECT PL. 0.2 mi _..... - - --- ...... 4: Turn RIGHT onto N RIVERSIDE AVEINY-9A. 0.0 mi ^4rt 5: Turn LEFT to take the US-9 S ramp. 0.3 mi DUFH ! 6: Merge onto US-9 S. 2.1 mi

vim Turn SLIGHT LEFT onto NY-9A SIBRIARCLIFF- 9A 7' PEEKSKILL PKWY. 0.1 mi ^^=H Stay STRAIGHT to go onto NY-9A S/BRIARCLIFF- SA 8: PEEKSKILL PKWY. Continue to follow NY-9A S. 5.4 mi alt Merge onto TACONIC STATE PKWY S toward NEW 'I 9: YORK CITY. 2.4 mi TACONIC STATE PKWY S becomes SPRAIN BROOK 10: PKWY S. 12.9 mi SPRAIN BROOK PKWY S becomes BRONX RIVER 11:PKWY S. 0.4 mi 12:Take the CROSS CO PKWY EAST exit, EXIT 11 E, toward MOUNT VERNON. 0.5 mi 4 Merge onto CROSS COUNTY PKWY E via the exit on the 13:LEFT. 1.1 mi Take EXIT 9 toward SOUTH HUTCHINSON 14: 0.5 mi 15: MerPKWYIWHITESTONE ag auto HUTCHINSON BR.RIVER PKWY S.^ ~.._...___...._ _ ._.__..... ___..._ ...... _ _ _.. _.__... . (Portions toll). 8.4 mi

578 16: HUTCHINSON RIVER PKWY S becomes 1-678 S. 12.4 mi

17: Take the exit toward TERMINAL 1 2 3. 0.1 mi ittp:Uwww.mapquest.cor /maps?1c=Croton+On+Hudson&ls=NY&la=44+Lounsbury+Drive&2pn--JFK... 1/15/2009

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 11 of 26 Driving Directions from 44 Lounsbury Rd, Croton on Hudson, NY to John F. Kennedy International Air... Page 2 of 3

18: Take the ramp toward TERMINALS 2 3/PARKING. 0.2 mi 19: End at Jfk International Airport Jamaica, NY 11434 13: John F. Kennedy International Airport (JFK): Jfk International Airport, Jamaica, NY 11430, (718) 244-4444

Total Time: 1 hour 6 minutes Total Distance: 47.57 miles

Need help on the go?- -" Get Voice Activated Directions for free. Call 1-600 -FREE411 ( 1-840-373-3411). MA oYEST."!`^urrir P ,- r aaarr>^aaaa - 14kr1i*c ►•. • uth sbi1r9 envllle •~..si ov Plat bi iionv A Pau • k c w^ {, Kent r r nticeliv @ - 0 Te e Cr. HeiB ^ti Tha+nast• v Pine Bush •,^ urtshoro n. 42 ► Ha %, ew Milford Oa Bloomin -. Wald o Wats •,L'-U a scot[ s gpal L r Caring , ^;a Was villa o . , '4'p oshen W..^ mour Ch ills Tt B hel • iii ° +,.. >• . into e }Q arwick ` 'I ^• gefield

`". Kisco •' Mc ee x : ^'^ '^

rankljn ^ ^ 000-,4W. vJ00 aAa.1v •', •" ~ ^.^1.111! Ogde Pa

tcong

xas r no iU a ='' f ;.. ^i!, . ..n aA • - m -tr•— ^^ IN `^t - ^-

Ber'' r^lsl a `, J 49P' 'r r

PEW- n r - 7'^;• {nW i / .^ Vie- Ran l 1 y3y; 5°A `I'Yf4 ! .'^a^^' F^3. w` "O ^^ ,3 ^4 n O^jMy, J+!.*e y r J' • -•-' y► l €` •Y'V' d`]^'^ /^ ^ ^y I :1 xW . • J _ l tip• y , A t i z 7 * '_ ♦ ' 6 ' and-Pr• . ^►f

{ l^ 3 7fi i4r/ l iyi Mortih runsNi ` 7 k _ s

3 `N^ ty g " i ` . ,. r^d r • .. • C' a - xx^ t''4 r ^ ` E ^ _' is ^^ T :' rt xk ^.' • e. 1 1 6I :17 9 + 3 G on James n a^ rp - s T} { f'i't J tr•l ^` p ! ,J r,

on

;^,► AS • AAA nom,-. .'_^.% s ^ ' +F a 7. i. y'. Y- 'd ` ^ni' y^j. y``} E^J i . r i''`Y. t.^'.,4 r-;^ •+11. k.`-L a)p'S,^r'T ,i W^{- "M ^^ "J" J^+'WZ`^ ^^'•r.^ ^^..1-yE^ Lark 7 ^ ^, ^".^ "^ •^,^^ ^ -^ ^!r ^^ ,. ^, -^'^" r "s,•y J-,r^ r^ it^^;".^s^a r ^ gl 008Na • Itic: '3 ^ ?: x? ^r $' P . !!^1 rsrlr PA z f .Map to ". © 200 MapQu t.Inc.^AND, Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 12 of 26 Page 1 oft Terry Carigliano

From: travel.store [[email protected] ] Sent: Thursday, January 08, 2009 3:16 PM To: Terry Carigliano Subject: Re: Travel Reservation January 13 for HART LUM t (1 ticket was 498.50 and 25.00 service(ee total charge 533.50 '^ t r] ^^GivG

----- Original Message ---- From: Terry Carigliano To: The Travel Store' Sent: Thursday, January 08, 2009 2:49 PM Subject: FW: Travel Reservation January 13 for HART

Joyce: Sorry to bother you, but could I have the price on this trip. Thank you very much.

Terry

From: Barbara Hart [maiito:[email protected] ] Sent: Tuesday, January 06, 2009 9:59 AM To: Terry Carigliano' Subject: FW: Travel Reservation January 13 for HART

From: THE TRAVEL STORE [maiito:[email protected] ] Sent: Tuesday, December 23, 2008 3:01 PM To: [email protected] Subject: Travel Reservation January 13 for HART

THE TRAVEL STORE is pleased to deliver your complete travel itinerary through Sabre® Virtually There®.

Click here to access your reservation on the web or a mobile device.

Virtually There® allows you to review or print your reservations, as well as:

• Register for trip mminders and cancellation /delay notifications • View maps & driving directions • Review city guides & restaurant recommendations • Get up-to-date weather and much more!

You may also access your reservation on the web or from your mobile device at www.virtuallythere.com . Simply enter your last name and the six-character reservation code provided to you by THE TRAVEL STORE. As a security measure, you will be prompted to enter your e-mail address or a password that THE TRAVEL STORE may have provided to you. if you have any question about which e-mail address to use, we recommend that you use the one that received this e-mail.

If the "click here" link isn't supported by your mobile e-mail program, click this link or paste it into your mobile web browser: [/8/2009 Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 13 of 26 Page 2 of 2

http://www.sabremobile.com/view =2

CLICK HERE to opt out of receiving future a-mails from Virtually There.

THE TRAVEL STORE 516-922-0900 COMPLIMENTS OF THE TRAVEL STORE

1/8/2009 Virtually Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 14 of 26 Page 1 of 2

.f THE TRAVEL STORE f } PHONE: 516-922-0900 i COMPLEMENTS OF THE TRAVEL STORE r=-MAIL THE TRAVEL STORE

I5 Pont this page Itinerary BARBARA HART Reservation code: GPOEFU

Tue, Jan 13 Flights: AMERICAN AIRLINES, AA 0015

From: NEW YORK JFK, NY (JFK) Departs: 10:50am To: SAN FRANCISCO, CA (SFO) Arrives: 2:20pm Departure Terminal: TERMINAL B Duration: 6 hour(s) and 30 minute(s) Arrival Terminal: TERMINAL 3 Class: Economy Status: Confirmed Seat(s): BARBARA HART, 33B Seat Status: Confirmed Notes: Gate: Aircraft: BOEING 767 JET Airline Confirmation: GPOEFU Meal: Food for Purchase Mileage: 2572 Smoking: No Frequent Flyer: Please verify flight times prior to departure Hotel : OMNI SAN FRANCISCO (OMNI HOTELS)

Check In: Jan 13 Check Out: Jan 14 Room(s): 1 Room Type: CCRA Guarantee: Room is guaranteed for late arrival Status: Confirmed Client.ID: Corporate Discount #: C1000650 Address: 500 CALIFORNIA STREET Phone: 1-415-677- 9494 SAN FRANCISCO CA 94104 Confirmation: 40000080413 Rate: 299.00 USD 1 night Fax: 1-415-273- 3038 Cancellation: Cancel by 12:00pm on day of arrival to avoid a penalty.

Wed, Jan 14 Flights: UNITED AIRLINES, UA 1163

From: SAN FRANCISCO, CA (SFO) Departs: 2:10pm To: LOS ANGELES, CA (LAX) Arrives: 3:40pm Departure Terminal: TERMINAL 3 Duration: 1 hour(s) and 30 minute(s) Arrival Terminal: TERMINAL 7 Class: Economy Status: Confirmed Seat(s): BARBARA HART, 19C Seat Status: Confirmed Notes: Gate: Aircraft: BOEING 757 200 SERIES JET Airline Confirmation: Z5N55M Meal: Mileage: 339 Smoking: No Frequent Flyer: Please verify flight times prior to departure hqs://www.virtuallythere.com/new/printerFriendlyChron.html?pnr=GPOEFU&name=HART&language=.. . 1/8/2009

Virtually Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 15 of 26 Page 2 oft

Thu, Jan 15 Filghts: A#Ar=RICAN AIRLINES, AA 0040

From: LOS ANGELES, CA (LAX) Departs: 11:05am To: NEW YORK JFK, NY (JFK) Arrives: 7:35pm Departure Terminal: TERMINAL 4 Duration: 5 hour(s) and 30 minute(s) Arrival Terminal: TERMINAL 8 Class: Eoonomy Status: Confirmed Seat(s): BARBARA HART, 318 Seat Status: Confirmed Notes: Gate: Aircraft: BOEING 767 JET Airline Confirmation: GPOEFU Meal: Food for Purchase Mileage: 2461 Smoking: No Frequent Flyer: Please verify flight times prior to departure Other:

City: NEW YORK CITY, NY (NYC) Status: Confirmed Information: SERVICE FEE

Notes:

PLEASE INSPECT ALL DOCUMENTS UPON RECEIPT WE ARE NOT RESPONSIBLE FOR ANY ERRORS 48 HOURS AFTER DELIVERY OF DOCUMENTS DONT FORGET PICTURE IDIPROOF OF CITZENSHIP FOR INTL RECONFIRM RETURN FLIGHT PRIOR TO DEPARTURE. HAVE A GOOD TRIP....

Y ft

https : //www.virtuallythere. com/new/PrinterFriendlyChron.html?pnt—GPOEFU&name=HART&language=... 1/8/2009 Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 16 of 26

OMNI 17 HOTELS^ OMNI SAN FRANCISCO HOTE=L 500 CALIFORNIA STREET SAN FRANCISCO CA 94104 Tele- (415) 677-9494 Fax- (415) 273-3038 1206 Room Number: 299 HART, BARBARA Daily Rate: KN CCRA Room Type: 1/0 No. of Guests:

_ a ---...- i „'.erg r 3 ^ ^ a ^T ^ .s ^' d- 4 ^ ^ ' ' C ^ ® 6 e z t RE?uP ^ rt B

jo

Ito- °,yb,^: ` `1 '[L• a h ..'^ m;....^ `^. i ^: :_ r .k>^, sx ^', ih {`' .. „ ., a 01/13/09 1206 ROOM CHARGE #1206 HART, BARBARA $299.00 01/13/09 1206 ROOM TAX ROOM TAX $41.86 01/13/09 1206 TOURISM TAX TOURISM TAX $0.19 01/13/09 1206 TOURISM DISTRICT ASSESSMENT TOURISM DISTRICT ASSESSMENT $4.49 01/14/09 1206 MASTERCARD MASTERCARD 15345.54! 01/14/09 1206 ROOM SERVICE 120616169105:551ROOM SERVICE $22.69 01/14/09 1206 MASTERCARD MASTERCARD r52^ 69,

TOTAL DUE: $0.00

ASH 3-6563 Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 17 of 26

1OM^

I ^.

Us

o O

T. TA

O, Vi J ^ O J N 00 O O O O O d I V^

V

O

M^• 1..1

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 18 of 26

Do not agxa to r xAmlve hot or direct sunlight _. 7 TAPLE INSERT n1^ ^SHE E ATB2

n

{ W

O r. t3 lv R 1\ >•^ 1J - -, is , '.r ' ^} ' L DO rAt GWW W hod or dlreet sunlight STAPLE INSERT HERE ATB2 XXkl `Q --.. r - O \, —,;" y rRKMINUAA IYIUVGi&=TKxU1L %MCMM Mv ONOi CRtt11440 a^ESi 7^G'^' . ^,. {\ 44 s-.. iirv\ ^`-^J ^[.^a^ti ^r ^-t7 A^t^ ^`^ s .,n_.X ^r. :- i •>: 7^ 7^ ` r r {^ r\r^ ., ,r is -;.^^ r i :.

14, X71, M, r yx { ^

.r ^,1 e ? ^ r\ ;Aj^a^ y^j y^^ri{Ck^1 o \ a^ykr aY [^ ^R a + -y n Fiery `^, A..Z rll r'f I y a ',`n }fr:. ^(I1 -*- \ - lEl r\ \ r 1,. nj ^r ' f\ y y YrJ trf7 .► r. W pp Ir 14xx ti } r -X^';" x ° \ * w m r 7F r E RJ zf Fx , y r > `° - X.^ + i7A -

At 14 LAJ \ . ^I ^ pp y r 1 Yt r ^w n N ^1', f4 7R7C m j } r w '^ rl, Ww , Q M 'r: ^ v^l ^ ?^ !r E^ ,^ ^i- ^- X \^? \^ ,.^ ir' - r.. -^ ^.^, t. ^` .. sc-s - -.: Yt ,^`k^7fa?WetYA^^-.

c r', f zst =F J a F-, .. tip, y, d'lr 4 X ,} 'l11 r ^ _^^^ f i" 1 ^ t c y r^ i y s ^ 4 24r ^'. ^ k ;^ "- ^' 3^. ;/,h\\t t`\ ti- 'v llty^-Cy^ ^ii , l x t t ♦ - Y ^ ti y.'r^ ^E r j ! o ^ :,= m, -a' s1^^t ^ ltlr ^ . "lXr:t^ +{'F,t" ^ i ^ n•- t p ' ' + °M ` \15^ / v^ w +^ 7r^,t\ .A+ y ZT r f^^c t:,rh j

ti GA ^°^f } Z K O00C '1iPs^ ,D ^ - °^7'\^ r^ i r^ ^^^ ^ ^-sro T !:^': ^' .. ^y ,G^^^ ► Rj ^f,l ti Y \ ,J R 8 0 ^L .,y ^. • r r

-,^yt \• 1U7 - r - a F:' 7 r 4si`•r 'r Z s \ - 3 to '^ r' _ rrC £?^ ti 01'!`,^I14^^ , 0 r°, r\ ^ ^ 's 0 g ^^ 9 i$- _C y,. tal n-

1 'x'^ r .S 1 r ^-'y _ ^A ^, -—'. CJ^ ..yy r^7^'r", x• 1.4 k CO a ^, Y \ ^+ y ^ ^ ^ 1/' ^ 'r ^ CIF .W' l1Yi` r ^` 'y ;%ti,,,s '.` ^ - _ ^i, - r \ 1 ^i ^Z+, I"I '" r ^ '^' ^'. ;^^^ ^ r ^.T'' ^ Y ^^ r r .',' k GL Z +r.^

l^^^N,v^^..Ls - -llY i•^^`I R 3^f.7-! r 1 S' (a^+.i r^C'. '2C^"^.T.. rrw - s :—} ..- x " ^ ^+^ f r \"\ \'ry 'r'^ / }?^ww - .3`^1` ,,.: tt ^ ' 1 ^.-: 11 ,,, T .. ,` `^ y - ^ „>:.- ^ ^>.\, '^r\R e o r S1i Tt ^ f

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 19 of 26

r r Z y r = Do not upas to umaslvr had or dlrW sunllphL ZRI 21 ,i STAPLE no M HERE -% "^7wf !-dam ^ - ^`\° rRKMNU.&L FfMwMF c>I= + UBMCWa DwAs, rn FEVNN W"1 113M -.11 .fir ^ ^ zAs ^^j,ff

^t y ^ ^ 1 x' ^' -. ^ i6 - 5 O

' f+^x,+ b'.' r 4 .p ^, y JI

^- ^ n!fie ^^ ^^ ^'^ V3 ^' ^ ,•^, m •^` , ^, r ^ a L] ^

F 26 ME IA a„ D ' y `'' b NO r 4t ^ an t Ob J 5, rrI "Z r ., x=g ^,.: w

- D W ^ Y {.`gip ' v ^^ N r

Ic z aoo ^^ c MCI

t ^'' tie 0}

III h Z .. r "t,^ rn -VV ..am e Q W ao -^ rif ^_ b ^•Li s

• F 11{

F ^' f

^ i !^i ^ ^ \ '. "+fir ^ CV + t

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 20 of 26

b H 'TJ

^ ^ ^ • ^ fit►

n od y

0

ab4^1 4ir1Y I IVO`J[O ^ ^ ^ ^- - - ,

i AmericanftflneW 10 BAGGAGE CHARGE RECEIPT Americamft ineW

PASSENGER NAME HARRISOWDAVID

Checked Bag Fee 2 40.00 USD'

o 1tb A.ppLfcsbf.a: TE$:t¢ re ard AX XXxXXXXXxl^ltg5^t ...-^^ . 1.. ..r..n. ^.. ..^...... t .v ...... __p. ..._. ,.uf.1M.a ..._.^ - .re ,FLIGHT DATE TFC=TAXES,F i rS CHARGES W x..17$- _ :::- JANUARY 14, 2009,

Agent: SFO-SSM 001 260?, 1U416 4 1

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 . Page 21 of 26

^ ^^^w r ^.fl7^ Amy -n CID Cc 0 C"a CD PC-

^ a M W ',^ L.' Ga N W

CU 0 i C' , C i ru

r7-1 ^- n•

` • .ral

Lrr c ^r ` a ---11,7

• t ^. 1'c r° n rt ^ R 1.. -

ri 11 1 c .. 4C r s E. !-

} u 11 C C! , y ^- r — C C C. r' .^ ,4 _. r rl 1 1., u E3

- .. • . . -1. ..ter f+ L' ^ G'. ^' .-? ?:-. E,^: ^-Y yf" w . 1 1..fl a R _

IF s: ,, r ^ Ez 1 -- L r r. n_ r R a _ rs.;_-_^E tom. n -fn m Is .

f; t_ f

Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 22 of 26

MNI " HOTELS OMNI SAN FRANCISCO HOTEL 500 CALIFORNIA STREET SAN FRANCISCO CA 94104 Tele- (415) 677-9494 -Fax- (415) 273-3038 Room Number: 1730 Daily Rate: 0 HARRISON, DAVID Room Type: KN 170319256 No. of Guests: 1/0

iWF-wl dRDIT Rg a3UP !1F CMY 01/13/09 01/14/09 EXPPK2 NETOP 17100484070 op ^-p ^A' WW^REF ERENCE V PINT-1-1a - 0^-, ,

01/13/09 1730 LOCAL 1730/17:43/214333200 $0.95 01/13/09 1730 LAUNDRY SERVICE $10.50 01/14/09 1730 AMERICAN EXPRESS AMERICAN EXPRESS ($11.45) 01/14/09 1730 REFRESHMENT CENTER CASHEWS $5.95 01/14/09 1730 AMERICAN EXPRESS AMERICAN EXPRESS ($5.95)

TOTAL DUE: $0.00

ASH "563 Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 23 of 26 Page 1 of

David Harrison

From: [email protected] Sent: Tuesday, December 23, 2008 10:47 AM To: [email protected] Subject: Expedia travel confirmation - San Francisco, CA - Jan 13, 2009 - (Itin# 125940534481)

Travel Confirmation Thank you for booking your trip with Expedia. This email is your receipt for the travel item (s) you just booked; a complete itinerary that includes all applicable ticket numbers, reservation IDs,etc. will follow in the next 4 days.

Remember that you can always view your itinerary online for the most up -to-date information. Our interactive demo can show you how easy it is to get information about your itinerary.

ThankYou® account number: Add your ThankYou account number You could earn 743 ThankYou Points for this trip. fifiTPha^kY 99^ If you're not yet a member, sign up now - it's fast, easy, and free!

go ;ia.. New York to San Francisco Package booking cost: $647.24 Flight: New York to San Francisco Taxes & service fees: $95.66 Traveler name: David Harrison Package-total; s742,90

New York (JFK) to San 01/13/09 10:50 am - 2:20 pm American Airlines 15 Francisco (SFO) San Francisco (SFO) to New01/14109 1:50 pm -10:20 pm American Airlines Ygii1F: Vmni San Francisco Hotel 178 Room reservation: david harrison -1 adult Omni San Francisco Hotel

Ac^[IV^Ie'^1tiF^fCes: San FR98M Wed 1/14/2009 Nights: 1

Contact name: david harrison

FREE Double-Decker Shuttle Ticket and San Francisco Mini Guide: 1 Group

Special requests We will forward your requests to the travel vendor, but as these are subject to availability we can not guarantee that they will be honored. Some special requests (e.g., ski racks, rollaway beds) may incur additional charges from the vendor. Free and special meals are not available on many flights. Hotel: Omni San Francisco Hotel Room : Deluxe Room with 1 King Bed Nonsmoking/Smoking: Non-Smoking Room type: 1 KING BED View your itinerarM G) for complete and up-to-date trip details, or to make changes online.

Customer Support Itinerary number.12594053Mf81:.

If you have questions about your reservation, fill out our itinerary assistance form. We'll respond within 24 hours: For immediate assistance call Expedia at 1-800-EXPEDIA (1-800-397-3342) or 1-404-728- 1/15/2009 innerU& 1Lagb /- s4^^^ ^fi262 of 3 - f - - se cv- 073-PJH Document 173-11 Filed 04/15/2009 Page 24

Total distance: 2,572 mi (4,139 km) Total duration: Wed 14-Jan-09 San Francisco (SFO) to New York (JFK) 2,572 mi Depart 1:50 pm Arrive 10:20 pm (4,139 km) lA Terminal Terminal Duration: 5hr 30mn Flight: 178

EconomylCoach Class ( 37H ), Food For Purchase, Boeing 767-200, 80% on time

Total distance. 2,572 mi (4,139 km) Total duration:

Hotel summary Tue Jan-13-2009 (1 night) Omni San Francisco Hotel

500 California St ONIN1 1- Check In: Tue Jan-13-2009 San Francisco, CA 94104 USA Checkout: Wed Jan-14-2009

Reservation questions: +1 (800) EXPEDIA For other information contact the hotel: Tel: 1 (415) 677-9494 Fax: 1 (415) 835-9468

Star Rating: * More lodging info Room description: Deluxe Room with 1 King Bed Contact: david harrison 1 adult 1 senior

Unless specified otherwise, rates are quoted In US dollars.

The price you selected DOES NOT include any applicable service tees, charges for optional incidentals (such minibar snacks or telephone calls) or regulatory surcharges. The lodging facility will assess these fees, charg surcharges upon checkout.

Activities & Services summary IMPORTANT: Be sure to bring all vouchers with you on your trip. We cannot guarantee access to your l Activities & Services without your voucher(s). Vew and print all vouchers.

Description Date Quantity FREE Double-Decker Shuttle Ticket and San Francisco Tue 13-Jan -09 — Wed 14-Jan-09 1 Group Mini Guide Details View and print all vouchers. Then bring them with you when you go.

Show vacation package rules

Want to make changes? Request seat changes using the Seat Pinpointer.

Call 1-800-EXPEDIA (1-800-397-3342) or 1-404-728-8787 to change/cancel this reservation

Special requests We will forward your requests to the travel vendor, but as these are subject to availability we can not guarante - will, bEhonorec Some special -requests (e.g:; ski racks, rollaway beds) may incur additional chargesfirom the

http://www. expedia.com/pub/agent.dll?gscr=open&itid=259405344&zz=1231560102213 1/9/2009

A Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 25 of 26 Ot

GExpedla-

Home Flights Hotels Cars Vacation Packages Cruises Activities DEALS & OFFERS

San Francisco, CA (Change name) Trip itinerary ► BOOKED ITEMS Status Trip maps and routes trip: New York — San Francisco, CA (SFO-San Francisco Intl.) Booked TRIP TOOLS Print version E-mail itinerary view/ print vouchers. Booked items Repeat this trip ThankYou® account number: Add your ThankYou account number Delete itinerary p. You could earn 743 ThankYou Points for this tri Rrw.x,rs NaAw Maps and directions If you're not yet a member, sign up now - it's fast, easy, and free! Save as appointment Your trip: New York to San Francisco, CA (SFO-San Francisco Intl.) bac E-Ticket purchase has been confirmed by the airline, No tickets will be mailed. Airline c QUESTION S? locations require government issued photo ID and may request proof of current date travel ( Use the itinerary a printed copy of this itinerary or a printed recei pt) to issue a boarding pass. Airport securi4 assistance e-mail form. checkpoints may require you to display both your boarding pass and photo ID before procef the gate, so we recommend that you obtain your boarding pass before proceeding to the sec checkpoint. Your hotel reservation is confirmed. Your attractions & services reservation is coi Expedia itinerary number: 125940534481 Main contact: david harrison Airline ticket number(s): 0017394693396 E-mail: [email protected] American Airlines confirmation code: FHFECO Home phone: (203) 972-9409 Hotel confirmation number: 40000077398 Work phone: (914) 997-0500

Traveler and cost summary david harrison Adult American Airlines #035EBE6 Flight taxestfees, Hotel taxes Total amount charged Mote: The flight portion of your trip is charged directly by the airline. This will result in you receiving a separa card charge for the flight, but the total charges on your credit card will be equal to the trip price. Q View payment history. Flight summary Please be sure to re-confirm your flight at least 24 hours prior to scheduled departure (72 ho prior for flights to Hawaii and international destinations). You may check your flight status an departure gate online, or contact the airline directly. Seat assignments and meal preference: be confirmed with the airline; we cannot guarantee that they will be honored. Tue 13-Jan-09 New York (JFK) to San Francisco (SFO) 2,572 mi AA^ Depart 10:50 am Arrive 2:20 pm (4,139 km) f'[ Terminal 8 Terminal 3 Duration: 6hr 30mn Flight: 15 Economy]Coach Class 1378 )j Food For Purchase;-Boeing:767-200, 90% on time

h"://www.expedia.com/pub/agent.dll?gscr open&itid=259405344&zz--1231560102213 1/9/2009

Itinerary Case 3:07-cv-04073-PJH Document 173-11 Filed 04/15/2009 Page 26 of 26 Page 1 of 3

vVe€come, Guest Sign in I Sign out %-r-) Expediar My I incra6es I My Account I Customer Support I Feedback Search Expedla

Home Vacation Packages Hotels Cars Flights Cruises Activities DEALS & OFFERS Maps Business Travel Rewards

San Francisco, CA (Change name) Trip itinerary ► g O b K E D ITEMS Cost Status Options I Trip ma ps and routes TOOLSF1iQht: New York -- San Francisco $629.60 Confirmed ChanefCancel flight • w I rQ TRIP ^ H 'r n V• Hotel: Palo Alto -- Sheraton Palo $1,001 34 Booked Cancel reservation Print version Alto Hotel Find rental cars ] Email Itinerary from $13.05 with 4 i IOtW11a Hot-Rates Re this trip M1111111 Add a car Delete itinerary Shaw rnr, (^ r to Maps and directions Booked items Save as appointment ThankYou° account number: Add your ThankYott account number^^^ Destination info You could earn 1632 ThankYou Points for this trip, ffiTtrankyoulyv p - (M San Francisco If you're not yet a member, sign up now -it's fast, easy, and free! Car Guide Rentals Flight: New York to San Francisco back to top

Q U E ST I O N S ? E-Ticket purchase has been confirmed by the airline. No tickets will be mailed. Airline check-in s Use the itinerary locations require government issued photo 1D and may request proof of current date travel (such as _71;_, assistance e-mail fa rm. a printed copy of this itinerary or a printed recelpt) to issue a boarding pass. Airport security checkpoints may require you to display both your boarding pass and photo ID before proceeding to the gate, so we recommend that you obtain your boarding pass before proceeding to the security checkpoint. yam Expedia itinerary number. 127120436420 Main contact: david harrison • `9 s^• Aldine ticket number(s): 0377417667696 697 E-mall: [email protected] aDayj American Airines confirmat€on code: CHAEMW Home phone: (203) 972-7409 US Airways confirmation code: D209CR Traveler and cost Summary American Airlines il035EBE6 *9Z&" david harrison Adult US Airways $4294732 $263,00 C1191l7 Update Frequent Flyer number(st BARBARA HART Adult Add Frequ_gq Fiver numberfs! $283.00 Multiple Car Taxes & Fees $63.60 Vendors 13,UOV4 Print a receipt Total (American Express) $629.60 Locations

Flight summary

Please be sure to re-confirm your flight at least 24 hours prior to scheduled departure (72 hours prior for flights to Hawaii and international destinations). You may check your flight status and departure gate online, or contact the airline directly. Seat assignments, meal preferences, and special requests must be confirmed with the airline; we cannot guarantee that they will be honored. Free and special CLICK meals are not available on many flights. HERE Tue 28-Apr-09 New York (JFK) to San Francisco (SFO) 2,572 ml Depart 10:50 am Arrive 2:10 pm (4,139 km) AAx' Terminal Terminal Duration: 6hr20mn Flight: IS

Economy/Coach Class ( 37C, 37E), Food For Purchase, Boeing 767-200 — —

Total distance: 2,572 m€ (4,139 km) Total duration: 6hr 20mn Fri 1-May-09 San Jose (sic) to Phoenix (PHX) 620 mi i ti X t R W A t S Depart 6:20 am Arrive 8:17 am (998 km) Flight: 274 Terminal C Terminal 4 Duradow 1 57mn Economy/Coach Class (09A, 09E), Boeing 737-3D0

Phoenix (PHX) to New York (JFK) 2, 141 ml I t s \ j R W A V S Depart 9:00 am Arrive 4:56 pm (3,446 km) Flight' 12 Terminal Terminal Duration: 4hr 56mn EconomylCoach Class ( 23A, 238 ), Food For Purchase, Airbus A320

Total distance: 2.761 ml (4,443 km) Total duration: 6hr 53mn (7hr 36mn with connections) Want to make changes?

http://www.expedia.con- /pub/agent.dll?gsc> 3open&itid=271204364&updt=l &chms=13960&rfrr=-54399... 4/13/2009