U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA...

US District Court Civil Docket as of 02/01/2012 Retrieved from the court on February 2, 2012

U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)

CIVIL DOCKET FOR CASE #: 5:04-cv-00473-BR

In Re: Red Hat, Inc. Securities Litigation Assigned to: Senior Judge W. Earl Britt Demand: $0 Cause: 15:78m(a) Securities Exchange Act

Plaintiff

John Borsellino on behalf of himself and all others similarly situated

Date Filed: 07/14/2004 Date Terminated: 03/30/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Rufus L. Edmisten Edmisten & Webb Law Firm [email protected] 132 S. Salisbury St. Raleigh, NC 27601 919-829-1988 Fax: 829-1983 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William W. Webb , Sr. The Edmisten & Webb Law Firm P. O. Box 1509 Raleigh, NC 27602 919-831-8700 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Union Group represented by Rufus L. Edmisten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William W. Webb , Sr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Charles Gilbert represented by Elizabeth A. Shonson Robbins Geller Rudman & Dowd LLP

120 East Palmetto Park Rd., Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jack Reise Robbins Geller Rudman & Dowd LLP 120 East Palmetto Park Rd., Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

L. Bruce McDaniel McDaniel & Anderson, L.L.P. Lafayette Square 4942 Windy Hill Dr. P. O. Box 58186 Raleigh, NC 27658 919-872-3000 Fax: 919-790-9273 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael L. Greenwald Robbins Geller Rudman & Dowd LLP 120 East Palmetto Park Rd., Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen R. Astley Robbins Geller Rudman & Dowd LLP 120 East Palmetto Park Rd., Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Eric W Bushman Lead Plaintiff

represented by Brandon S. Neuman Shanahan Law Group 128 E. Hargett St., Suite 300 Raleigh, NC 27601 919-856-9494 Fax: 919-856-9499 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Steve Salek

represented by Brandon S. Neuman Lead Plaintiff

(See above for address) ATTORNEY TO BE NOTICED

V.

Intervenor Plaintiff

Brockton Contributory Retirement represented by Nigle B. Barrow , Jr. System

PO Box 2714 Raleigh, NC 27602-2714 919-834-2116 Fax: 831-4789 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

Red Hat, Inc. represented by Christopher W. Jones Womble Carlyle Sandridge & Rice, PLLC P. O. Box 831 Raleigh, NC 27602 919-755-8173 Fax: 755-6771 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pressly M. Millen Womble Carlyle Sandridge & Rice, PLLC P. O. Box 831 Raleigh, NC 27602 919-755-2135 Fax: 755-6067 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert T. Numbers , II

Womble, Carlyle, Sandridge & Rice P.O. Box 831 150 Fayetteville St., Suite 2100 Raleigh, NC 27601 919-755-8184 Fax: 919-755-6094 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Matthew J. Szulik

represented by Christopher W. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pressly M. Millen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert T. Numbers , II (See above for address) ATTORNEY TO BE NOTICED

Defendant

Kevin B. Thompson represented by Christopher W. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Robert T. Numbers , II (See above for address) ATTORNEY TO BE NOTICED

Defendant

Timothy J. Buckley represented by Christopher W. Jones TERMINATED: 05/12/2006

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


Defendant

Paul J. Cormier TERMINATED: 05/12/2006



Defendant

Mark H. Webbink TERMINATED: 05/12/2006



Defendant

PricewaterhouseCoopers LLP

represented by Jennifer T. Harrod TERMINATED: 05/12/2006

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP PO Box 26000 Greensboro, NC 27402 336-373-8850 Fax: 378-1001 Email: [email protected] TERMINATED: 05/12/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jim W. Phillips , Jr. Brooks Pierce McLendon Humphrey & Leonard, L.L.P. P. O. Box 26000 230 N. Elm St. 2000 Renaissance Plaza Greensboro, NC 27420-6000 336-271-3131 Fax: 336-232-9131 Email: [email protected] TERMINATED: 05/12/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Red Hat Plaintiff Group represented by L. Bruce McDaniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William W. Webb , Sr. (See above for address) ATTORNEY TO BE NOTICED

Movant

Penguin Mechanical Contractors represented by L. Bruce McDaniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William E. Anderson McDANIEL & ANDERSON P.O. Box 58186 Raleigh, NC 27658 910-872-3000 Fax: 910-790-9723 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

James D McRee represented by L. Bruce McDaniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/13/2004 FROM THIS DATE FORWARD, ALL DOCKETING IN THE RED HAT SECURITIES LITIGATION SHALL BE DONE IN THE MASTER FILE NO. 5:04- CV-473-BR. FOR REVIEW OF THE COMPLETE RECORD, PLEASE REFER TO THAT ACTION NUMBER. (bb) (Entered: 01/14/2005)

07/14/2004

07/14/2004

07/14/2004

07/14/2004

1 Complaint filed under the Securities Exchange Act. 1c: Judge Flanagan (ld) (Entered: 07/20/2004)

Summons(es) issued for Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Timothy J. Buckley, Paul J. Cormier, Mark H. Webbink (ld) (Entered: 07/20/2004)

Filing Fee Paid; FILING FEE $ 150.00 RECEIPT # 105 18553 (ld) (Entered: 07/20/2004)

(ld) (Entered: 07/20/2004)

07/26/2004

2 Order, reassigning/referring case to Judge W. Earl Britt - All future pleadings should reflect the revised case number of 5:04-CV-473-BR(3) signed by Michael D. Brooks,

Acting Clerk. cys served. (dr) (Entered: 07/26/2004)

07/26/2004 1 Case reassigned to Judge W. E. Britt. (dr) (Entered: 07/26/2004)

07/26/2004 Case file to Raleigh Office - Judge Britt's civil clerk. (dr) (Entered: 07/26/2004)

07/29/2004 3 Return of service executed as to Timothy J. Buckley 7/16/04 Answer due on 8/5/04 for Timothy J. Buckley (bl) (Entered: 08/04/2004)

07/29/2004 4 Return of service executed as to Kevin B. Thompson 7/16/04 Answer due on 8/5/04 for Kevin B. Thompson (bl) (Entered: 08/04/2004)

07/29/2004 5 Return of service executed as to Mark H. Webbink 7/16/04 Answer due on 8/5/04 for Mark H. Webbink (bl) (Entered: 08/04/2004)

07/29/2004 6 Return of service executed as to Matthew J. Szulik 7/16/04 Answer due on 8/5/04 for Matthew J. Szulik (bl) (Entered: 08/04/2004)

07/29/2004 7 Return of service executed as to Paul J. Cormier 7/16/04 Answer due on 8/5/04 for I Paul J. Cormier (bl) (Entered: 08/04/2004)

07/29/2004 8 Return of service executed as to Red Hat, Inc. 7/16/04 Answer due on 8/5/04 for Red Hat, Inc. (bl) (Entered: 08/04/2004)

08/05/2004 9 Motion by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Timothy J. Buckley, Paul J. Cormier, Mark H. Webbink to extend time to file responsive pleading (bb) (Entered: 08/06/2004)

08/05/2004 Rec'd proposed stipulation consolidating case; cy to Judge Britt for review and consideration (bb) (Entered: 08/06/2004)

08/09/2004 10 Order granting [9-1] motion to extend time: in the event the proposed stipulation is denied, defendants will be allowed a period of 30 days w/in which they must answer, move or otherwise plead in this matter; signed by Michael Brooks, Acting Clerk; cc to counsel. (bb) (Entered: 08/09/2004)

08/09/2004 11 Order, set status conference before Judge W. E. Britt for 9:00 9/8/04 signed by W. Earl Britt, Sr. Dist. Judge; cc to counsel, Rufus Edminsten, William W. Webb, Pressly Millen and Christopher Jones. (bb) (Entered: 08/09/2004)

08/25/2004 12 Motion by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Timothy J. Buckley, Paul J. Cormier, Mark H. Webbink to approve stipulation w/attached proposed stipulation and order to consolidate cases which would also enlarge time to file responsive pleadings (bb) (Entered: 08/25/2004)

09/08/2004 Consolidated 5:04-cv-473 with member cases 5:04-cv-471, 5:04-cv-480, 5:04-cv-481, 5:04-cv-483, 5:04-cv-489, 5:04-cv-504, 5:04-cv-506, 5:04-cv-507, 5:04-cv-508, 5:04- cv-520, 5:04-cv-531, 5:04-cv-549, 5:04-cv-560 (bb) (Entered: 09/28/2004)

09/08/2004 13 Stipulation by John Borsellino in 5:04-cv-00473, Fred Den 5:04-cv-00471, William . Solvibile in 5:04-cv-00480, Patricia Solvibile in 5:04-cv-00480, Richard Kaufman in 5:04-cv-00481, Mildred Dean in 5:04-cv-00483, Ronald Way in 5:04-cv-00489, C.B. Partners, Indiv in 5:04-cv-00504, Gary G. Peirce in 5:04-cv-00506, Samuel B. Sinay in 5:04-cv-00507, Eleanor Teal in 5:04-cv-00508, Ezra Cohen in 5:04-cv-00520, J. Thomas Slaney Jr. in 5:04-cv-00531, Paul DeHerrera in 5:04-cv-00549, James K.

Lindsay in 5:04-cv-00560 AND ORDER BY JUDGE W. EARL BRITT to consolidate cases and to designate case no. 5:04-CV-473 as the MASTER CASE; served on all defense counsel in all cases (bb) (Entered: 09/28/2004)

09/09/2004 14 Corporate Disclosure Filed by defendant Red Hat, Inc. in 5:04-cv-00473, defendant Red Hat, Inc. in 5:04-cv-00471, defendant Red Hat, Inc. in 5:04-cv-00480, defendant Red Hat, Inc. in 5:04-cv-00481, defendant Red Hat, Inc. in 5:04-cv-00483, defendant Red Hat Inc. in 5:04-cv-00489, defendant Red Hat, Inc. in 5:04-cv-00504, defendant Red Hat, Inc. in 5:04-cv-00506, defendant Red Hat, Inc. in 5:04-cv-00507, defendant Red Hat, Inc. in 5:04-cv-00508, defendant Red Hat, Inc. in 5:04-cv-00520, defendant Red Hat, Inc. in 5:04-cv-00531, defendant Red Hat, Inc. in 5:04-cv-00549, defendant Red Hat, Inc. in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 09/28/2004)

09/13/2004 15 Motion by Union Group in 5:04-cv-00473, Union Group in 5:04-cv-00471, Union Group in 5:04-cv-00480, Union Group in 5:04-cv-00481, Union Group in 5:04-cv-00483, Union Group in 5:04-cv-00489, Union Group in 5:04-cv-00504, Union Group in 5:04-cv-00506, Union Group in 5:04-cv-00507, Union Group in 5:04-cv-00508, Union Group in 5:04-cv-00520, Union Group in 5:04-cv-00531, Union Group in 5:04- cv-00549, Union Group in 5:04-cv-00560 with memorandum in support for appointment as lead plaintiff , and approval of lead and liaison counsel (bb) (Entered: 09/28/2004)

09/13/2004 16 Declaration of William Woodward Webb filed by Union Group in 5:04-cv-00473, Union Group in 5:04-cv-00471, Union Group in 5:04-cv-00480, Union Group in 5:04- cv-00481, Union Group in 5:04-cv-00483, Union Group in 5:04-cv-00489, Union Group in 5:04-cv-00504, Union Group in 5:04-cv-00506, Union Group in 5:04-cv-00507, Union Group in 5:04-cv-00508, Union Group in 5:04-cv-00520, Union Group in 5:04-cv-00531, Union Group in 5:04-cv-00549, Union Group in 5:04-cv-00560 Re: [15-1] motion for appointment as lead plaintiff in 5:04-cv-00473, [15-2] motion approval of lead and liaison counsel in 5:04-cv-00473, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00471, [11-2] motion approval of lead and liaison counsel in 5:04-cv-00471, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00480, [12-2] motion approval of lead and liaison counsel in 5:04-cv-00480, [13-1] motion for appointment as lead plaintiff in 5:04-cv-00481, [13-2] motion approval of lead and liaison counsel in 5:04-cv-00481, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00483, [12-2] motion approval of lead and liaison counsel in 5:04-cv-00483, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00489, [12-2] motion approval of lead and liaison counsel in 5:04-cv-00489, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00504, [8-2] motion approval of lead and liaison counsel in 5:04-cv-00504, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00506, [12- 2] motion approval of lead and liaison counsel in 5:04-cv-00506, [14-1] motion for appointment as lead plaintiff in 5:04-cv-00507, [14-2] motion approval of lead and liaison counsel in 5:04-cv-00507, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00508, [15-2] motion approval of lead and liaison counsel in 5:04-cv-00508, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00520, [11-2] motion approval of lead and liaison counsel in 5:04-cv-00520, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00531, [8-2] motion approval of lead and liaison counsel in 5:04-cv-00531, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00549, [8-2] motion approval of lead and liaison counsel in 5:04-cv-00549, [5-1] motion for appointment as lead plaintiff in 5:04-cv-00560, [5-2] motion approval of lead and liaison counsel in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 09/28/2004)

09/13/2004

09/13/2004

09/13/2004

10/01/2004

17 Motion by Red Hat Plaintiff Gr in 5:04-cv-00473, Red Hat Plaintiff Gr in 5:04-cv-00471, Red Hat Plaintiff Gr in 5:04-cv-00480, Red Hat Plaintiff Gr in 5:04-cv-00481, Red Hat Plaintiff Gr in 5:04-cv-00483, Red Hat Plaintiff Gr in 5:04-cv-00489, Red Hat Plaintiff Gr in 5:04-cv-00504, Red Hat Plaintiff Gr in 5:04-cv-00506, Red Hat Plaintiff Gr in 5:04-cv-00507, Red Hat Plaintiff Gr in 5:04-cv-00508, Red Hat Plaintiff Gr in 5:04-cv-00520, Red Hat Plaintiff Gr in 5:04-cv-00531, Red Hat Plaintiff Gr in 5:04-cv-00549, Red Hat Plaintiff Gr in 5:04-cv-00560 with memorandum in support to be appointed lead plaintiff , and for approval of lead plaintiffs' selection of lead counsel and liaison counsel ; cy to Judge Britt (bb) (Entered: 09/28/2004)

18 Motion by Penguin Mechanical in 5:04-cv-00473, Penguin Mechanical in 5:04-cv-00471, Penguin Mechanical in 5:04-cv-00480, Penguin Mechanical in 5:04-cv-00481, Penguin Mechanical in 5:04-cv-00483, Penguin Mechanical in 5:04-cv-00489, Penguin Mechanical in 5:04-cv-00504, Penguin Mechanical in 5:04-cv-00506, Penguin Mechanical in 5:04-cv-00507, Penguin Mechanical in 5:04-cv-00508, Penguin Mechanical in 5:04-cv-00520, Penguin Mechanical in 5:04-cv-00531, Penguin Mechanical in 5:04-cv-00549, Penguin Mechanical in 5:04-cv-00560 with memorandum in support for appointment as lead plaintiff , and approval of its selection of lead and liaison counsel w/declaration of L. Bruce McDaniel in support; cy to Judge Britt (bb) (Entered: 09/28/2004)

19 Motion by Charles Gilbert in 5:04-cv-00473, Charles Gilbert in 5:04-cv-00471, Charles Gilbert in 5:04-cv-00480, Charles Gilbert in 5:04-cv-00481, Charles Gilbert in 5:04-cv-00483, Charles Gilbert in 5:04-cv-00489, Charles Gilbert in 5:04-cv-00504, Charles Gilbert in 5:04-cv-00506, Charles Gilbert in 5:04-cv-00507, Charles Gilbert in 5:04-cv-00508, Charles Gilbert in 5:04-cv-00520, Charles Gilbert in 5:04-cv-00531, Charles Gilbert in 5:04-cv-00549, Charles Gilbert in 5:04-cv-00560 with memorandum in support for appointment as lead plaintiff , and approval of his selection of lead and liaison counsel w/attachments A - E in support; cy to Judge Britt (bb) (Entered: 09/28/2004)

20 Withdrawal of [19-1] motion for appointment as lead plaintiff in 5:04-cv-00473, [19- 2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00473, [15- 1] motion for appointment as lead plaintiff in 5:04-cv-00471, [15-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00471, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00480, [16-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00480, [17-1] motion for appointment as lead plaintiff in 5:04-cv-00481, [17-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00481, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00483, [16-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00483, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00489, [16-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00489, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00504, [12-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00504, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00506, [16-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00506, [18-1] motion for appointment as lead plaintiff in 5:04-cv-00507, [18-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00507, [19-1] motion for appointment as lead plaintiff in 5:04-cv-00508, [19-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00508, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00520, [15-2]

10/06/2004 21

motion approval of his selection of lead and liaison counsel in 5:04-cv-00520, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00531, [12-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00531, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00549, [12-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00549, [9-1] motion for appointment as lead plaintiff in 5:04-cv-00560, [9-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 10/04/2004)

Withdrawal of [17-1] motion to be appointed lead plaintiff in 5:04-cv-00473, [17-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00473, [13-1] motion to be appointed lead plaintiff in 5:04-cv-00471, [13-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00471, [14-1] motion to be appointed lead plaintiff in 5:04-cv-00480, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00480, [15-1] motion to be appointed lead plaintiff in 5:04-cv-00481, [15-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00481, [14-1] motion to be appointed lead plaintiff in 5:04-cv-00483, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00483, [14-1] motion to be appointed lead plaintiff in 5:04-cv-00489, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00489, [10-1] motion to be appointed lead plaintiff in 5:04-cv-00504, [10-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00504, [14-1] motion to be appointed lead plaintiff in 5:04-cv-00506, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00506, [16-1] motion to be appointed lead plaintiff in 5:04-cv-00507, [16-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00507, [17-1] motion to be appointed lead plaintiff in 5:04-cv-00508, [17-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00508, [13-1] motion to be appointed lead plaintiff in 5:04-cv-00520, [13-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00520, [10-1] motion to be appointed lead plaintiff in 5:04-cv-00531, [10-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00531, [10-1] motion to be appointed lead plaintiff in 5:04-cv-00549, [10-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00549, [7-1] motion to be appointed lead plaintiff in 5:04-cv-00560, [7-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 10/07/2004)

10/06/2004 22 Response by Penguin Mechanical in 5:04-cv-00473, Penguin Mechanical in 5:04-cv- 00471, Penguin Mechanical in 5:04-cv-00480, Penguin Mechanical in 5:04-cv-00481, Penguin Mechanical in 5:04-cv-00483, Penguin Mechanical in 5:04-cv-00489, Penguin Mechanical in 5:04-cv-00504, Penguin Mechanical in 5:04-cv-00506, Penguin Mechanical in 5:04-cv-00507, Penguin Mechanical in 5:04-cv-00508, Penguin Mechanical in 5:04-cv-00520, Penguin Mechanical in 5:04-cv-00531, Penguin Mechanical in 5:04-cv-00549, Penguin Mechanical in 5:04-cv-00560 in opposition to [19-1] motion for appointment as lead plaintiff in 5:04-cv-00473, [19-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00473, [17-1] motion to be appointed lead plaintiff in 5:04-cv-00473, [17-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00473, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00471, [15-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00471, [13-1] motion to be

appointed lead plaintiff in 5:04-cv-00471, [13-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00471, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00480, [16-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00480, [14-1] motion to be appointed lead plaintiff in 5:04-cv-00480, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00480, [17-1] motion for appointment as lead plaintiff in 5:04-cv-00481, [17-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00481, [15-1] motion to be appointed lead plaintiff in 5:04- cv-00481, [15-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00481, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00483, [16-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00483, [14-1] motion to be appointed lead plaintiff in 5:04-cv-00483, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00483, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00489, [16- 2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00489, [14- 1] motion to be appointed lead plaintiff in 5:04-cv-00489, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00489, [12- 1] motion for appointment as lead plaintiff in 5:04-cv-00504, [12-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00504, [10-1] motion to be appointed lead plaintiff in 5:04-cv-00504, [10-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00504, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00506, [16-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00506, [14-1] motion to be appointed lead plaintiff in 5:04-cv-00506, [14-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00506, [18-1] motion for appointment as lead plaintiff in 5:04-cv-00507, [18-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00507, [16-1] motion to be appointed lead plaintiff in 5:04- cv-00507, [16-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00507, [19-1] motion for appointment as lead plaintiff in 5:04-cv-00508, [19-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00508, [17-1] motion to be appointed lead plaintiff in 5:04-cv-00508, [17-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00508, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00520, [15- 2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00520, [13- 1] motion to be appointed lead plaintiff in 5:04-cv-00520, [13-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00520, [12- 1] motion for appointment as lead plaintiff in 5:04-cv-00531, [12-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00531, [10-1] motion to be appointed lead plaintiff in 5:04-cv-00531, [10-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00531, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00549, [12-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00549, [10-1] motion to be appointed lead plaintiff in 5:04-cv-00549, [10-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00549, [9-1] motion for appointment as lead plaintiff in 5:04-cv-00560, [9-2] motion approval of his selection of lead and liaison counsel in 5:04-cv-00560, [7-1] motion to be appointed lead plaintiff in 5:04- cv-00560, [7-2] motion for approval of lead plaintiffs' selection of lead counsel and liaison counsel in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 10/07/2004)

10/06/2004 23 Declaration of Arhtur L. Shingler in further support of [18-1] motion for appointment

as lead plaintiff in 5:04-cv-00473, [18-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00473, (not an original declaration, but certificate of service stamp is original signature of counsel) [14-1] motion for appointment as lead plaintiff in 5:04-cv-00471, [14-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00471, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00480, [15- 2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00480, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00481, [16-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00481, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00483, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00483, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00489, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00489, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00504, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00504, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00506, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00506, [17-1] motion for appointment as lead plaintiff in 5:04-cv-00507, [17-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00507, [18-1] motion for appointment as lead plaintiff in 5:04-cv-00508, [18-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00508, [14-1] motion for appointment as lead plaintiff in 5:04-cv-00520, [14-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00520, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00531, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00531, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00549, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00549, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00560, [8-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 10/07/2004)

10/18/2004 24 Notice of Filing of motion for leave of court to withdraw as counsel for Mildred Deen by Schiffrin & Barroway, LLP (bb) (Entered: 10/20/2004)

10/18/2004 25 Motion for Schiffrin & Barroway, LLP to withdraw as attorney for Plaintiff Mildred Deen; cy to Judge Britt (bb) (Entered: 10/20/2004)

10/25/2004 26 Order granting [25-1] motion for Schiffrin & Barroway, LLP to withdraw as attorney (Terminated in 5:04-cv-00473, 5:04-cv-00471, 5:04-cv-00480, 5:04-cv-00481, 5:04- cv-00483, 5:04-cv-00489, 5:04-cv-00504, 5:04-cv-00506, 5:04-cv-00507, 5:04-cv-00508, 5:04-cv-00520, 5:04-cv-00531, 5:04-cv-00549, 5:04-cv-00560 signed by W. Earl Britt, Sr. Dist. Judge; served. (bb) (Entered: 10/25/2004)

10/25/2004 27 Reply by Penguin Mechanical in 5:04-cv-00473, Penguin Mechanical in 5:04-cv- 00471, Penguin Mechanical in 5:04-cv-00480, Penguin Mechanical in 5:04-cv-00481, Penguin Mechanical in 5:04-cv-00483, Penguin Mechanical in 5:04-cv-00489, Penguin Mechanical in 5:04-cv-00504, Penguin Mechanical in 5:04-cv-00506, Penguin Mechanical in 5:04-cv-00507, Penguin Mechanical in 5:04-cv-00508, Penguin Mechanical in 5:04-cv-00520, Penguin Mechanical in 5:04-cv-00531, Penguin Mechanical in 5:04-cv-00549, Penguin Mechanical in 5:04-cv-00560 to response to [18-1] motion for appointment as lead plaintiff in 5:04-cv-00473, [18-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00473, [14-1] motion for appointment as lead plaintiff in 5:04-cv-00471, [14-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00471, [15-1] motion for

appointment as lead plaintiff in 5:04-cv-00480, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00480, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00481, [16-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00481, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00483, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00483, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00489, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00489, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00504, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00504, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00506, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00506, [17-1] motion for appointment as lead plaintiff in 5:04-cv-00507, [17-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00507, [18-1] motion for appointment as lead plaintiff in 5:04-cv-00508, [18-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00508, [14-1] motion for appointment as lead plaintiff in 5:04-cv-00520, [14-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00520, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00531, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00531, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00549, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00549, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00560, [8-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 10/26/2004)

10/25/2004 28 Declaration of L. Bruce McDaniel Re: [18-1] motion for appointment as lead plaintiff in 5:04-cv-00473, [18-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00473, [14-1] motion for appointment as lead plaintiff in 5:04-cv-00471, [14- 2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00471, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00480, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00480, [16-1] motion for appointment as lead plaintiff in 5:04-cv-00481, [16-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00481, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00483, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00483, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00489, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00489, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00504, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00504, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00506, [15-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00506, [17-1] motion for appointment as lead plaintiff in 5:04-cv-00507, [17-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00507, [18-1] motion for appointment as lead plaintiff in 5:04-cv-00508, [18-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00508, [14-1] motion for appointment as lead plaintiff in 5:04-cv-00520, [14-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00520, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00531, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00531, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00549, [11-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00549, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00560, [8-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00560; cy to Judge Britt (bb) (Entered: 10/26/2004)

10/25/2004 29 Reply by Union Group in 5:04-cv-00473, Union Group in 5:04-cv-00471, Union Group in 5:04-cv-00480, Union Group in 5:04-cv-00481, Union Group in 5:04-cv-00483, Union Group in 5:04-cv-00489, Union Group in 5:04-cv-00504, Union Group in 5:04-cv-00506, Union Group in 5:04-cv-00507, Union Group in 5:04-cv-00508, Union Group in 5:04-cv-00520, Union Group in 5:04-cv-00531, Union Group in 5:04- cv-00549, Union Group in 5:04-cv-00560 to response to [15-1] motion for appointment as lead plaintiff in 5:04-cv-00473, [15-2] motion approval of lead and liaison counsel in 5:04-cv-00473, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00471, [11-2] motion approval of lead and liaison counsel in 5:04-cv-00471, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00480, [12-2] motion approval of lead and liaison counsel in 5:04-cv-00480, [13-1] motion for appointment as lead plaintiff in 5:04-cv-00481, [13-2] motion approval of lead and liaison counsel in 5:04-cv-00481, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00483, [12-2] motion approval of lead and liaison counsel in 5:04-cv-00483, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00489, [12-2] motion approval of lead and liaison counsel in 5:04-cv-00489, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00504, [8-2] motion approval of lead and liaison counsel in 5:04-cv-00504, [12-1] motion for appointment as lead plaintiff in 5:04-cv-00506, [12-2] motion approval of lead and liaison counsel in 5:04-cv-00506, [14-1] motion for appointment as lead plaintiff in 5:04-cv-00507, [14-2] motion approval of lead and liaison counsel in 5:04-cv-00507, [15-1] motion for appointment as lead plaintiff in 5:04-cv-00508, [15-2] motion approval of lead and liaison counsel in 5:04-cv-00508, [11-1] motion for appointment as lead plaintiff in 5:04-cv-00520, [11-2] motion approval of lead and liaison counsel in 5:04-cv-00520, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00531, [8-2] motion approval of lead and liaison counsel in 5:04-cv-00531, [8-1] motion for appointment as lead plaintiff in 5:04-cv-00549, [8-2] motion approval of lead and liaison counsel in 5:04-cv-00549, [5-1] motion for appointment as lead plaintiff in 5:04-cv-00560, [5-2] motion approval of lead and liaison counsel in 5:04- cv-00560; cy to Judge Britt (bb) (Entered: 10/28/2004)

11/08/2004 30 Joint motion by Union Group in 5:04-cv-00473, Penguin Mechanical in 5:04-cv- 00473, Union Group in 5:04-cv-00471, Penguin Mechanical in 5:04-cv-00471, Union Group in 5:04-cv-00480, Penguin Mechanical in 5:04-cv-00480, Union Group in 5:04- cv-00481, Penguin Mechanical in 5:04-cv-00481, Union Group in 5:04-cv-00483, Penguin Mechanical in 5:04-cv-00483, Union Group in 5:04-cv-00489, Penguin Mechanical in 5:04-cv-00489, Union Group in 5:04-cv-00504, Penguin Mechanical in 5:04-cv-00504, Union Group in 5:04-cv-00506, Penguin Mechanical in 5:04-cv-00506, Union Group in 5:04-cv-00507, Penguin Mechanical in 5:04-cv-00507, Union Group in 5:04-cv-00508, Penguin Mechanical in 5:04-cv-00508, Union Group in 5:04- cv-00520, Penguin Mechanical in 5:04-cv-00520, Union Group in 5:04-cv-00531, Penguin Mechanical in 5:04-cv-00531, Union Group in 5:04-cv-00549, Penguin Mechanical in 5:04-cv-00549, Union Group in 5:04-cv-00560, Penguin Mechanical in 5:04-cv-00560 for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel ; cy to Judge Britt (bb) (Entered: 11/09/2004)

11/19/2004 31 Notice of attorney appearance for Ezra Cohen in 5:04-cv-00520 by David Scott of the law firm of Scott + Scott, LLC, Colchester, CT (bb) (Entered: 12/01/2004)

11/29/2004 Issued Notice of Hearing: Motion hearing before Judge W. E. Britt set for 11:00 12/8/04 for [30-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel ; cc to Judge Britt, counsel;

court reporter, Courtroom Deputy and CSO office (bb) (Entered: 11/29/2004)

12/01/2004 32 Notice of attorney appearance for Ezra Cohen in 5:04-cv-00520 by Geoffrey M. Johnson of the law firm of Scott + Scott, LLC, Chagrin Falls, OH (bb) (Entered: 12/01/2004)

12/01/2004 33 Notice of attorney appearance for Ezra Cohen in 5:04-cv-00520 by Edmund W.Searby of the law firm of Scott + Scott, LLC, Chagrin Falls, OH (bb) (Entered: 12/01/2004)

12/08/2004 34 Notice of attorney appearance for John Borsellino in 5:04-cv-00473, Fred Den in 5:04- cv-00471, William . Solvibile in 5:04-cv-00480, Patricia Solvibile in 5:04-cv-00480, Richard Kaufman in 5:04-cv-00481, Mildred Dean in 5:04-cv-00483, Ronald Way in 5:04-cv-00489, C.B. Partners, Indiv in 5:04-cv-00504, Gary G. Peirce in 5:04-cv-00506, Samuel B. Sinay in 5:04-cv-00507, Eleanor Teal in 5:04-cv-00508, Ezra Cohen in 5:04-cv-00520, J. Thomas Slaney Jr. in 5:04-cv-00531, Paul DeHerrera in 5:04-cv-00549, James K. Lindsay in 5:04-cv-00560 by Joseph P. Helm, Chitwood & Harvey, Atlanta, GA; in association with Local Counsel Rufus L. Edmisten (bb) (Entered: 12/09/2004)

12/08/2004 35 Notice of attorney appearance for John Borsellino in 5:04-cv-00473, Fred Den in 5:04- cv-00471, William . Solvibile in 5:04-cv-00480, Patricia Solvibile in 5:04-cv-00480, Richard Kaufman in 5:04-cv-00481, Mildred Dean in 5:04-cv-00483, Ronald Way in 5:04-cv-00489, C.B. Partners, Indiv in 5:04-cv-00504, Gary G. Peirce in 5:04-cv-00506, Samuel B. Sinay in 5:04-cv-00507, Eleanor Teal in 5:04-cv-00508, Ezra Cohen in 5:04-cv-00520, J. Thomas Slaney Jr. in 5:04-cv-00531, Paul DeHerrera in 5:04-cv-00549, James K. Lindsay in 5:04-cv-00560 by Joseph P. Helm of CHITWOOD & HARLEY, Atlanta, GA, in association w/local counsel Rufus Edmisten (bb) (Entered: 12/09/2004)

12/08/2004 36 Notice of attorney appearance for John Borsellino in 5:04-cv-00473, Fred Den in 5:04- cv-00471, William . Solvibile in 5:04-cv-00480, Patricia Solvibile in 5:04-cv-00480, Richard Kaufman in 5:04-cv-00481, Mildred Dean in 5:04-cv-00483, Ronald Way in 5:04-cv-00489, C.B. Partners, Indiv in 5:04-cv-00504, Gary G. Peirce in 5:04-cv-00506, Samuel B. Sinay in 5:04-cv-00507, Eleanor Teal in 5:04-cv-00508, Ezra Cohen in 5:04-cv-00520, J. Thomas Slaney Jr. in 5:04-cv-00531, Paul DeHerrera in 5:04-cv-00549, James K. Lindsay in 5:04-cv-00560 by Nichole T. Browning of CHITWOOD & HARLEY, Atlanta, GA, in association w/local counsel Rufus Edmisten (bb) (Entered: 12/09/2004)

12/08/2004 Motion hearing re: [30-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel Motion hearing held in 5:04- cv-00473, [26-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00471, [27-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00480, [28-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00481, [27-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00483, [27- 1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00489, [23-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00504, [27-1] joint motion for approval of stipulation and

proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00506, [29-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00507, [30-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00508, [26-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04- cv-00520, [23-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00531, [23-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00549, [20-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04-cv-00560 before Judge W. E. Britt; remarks by the court followed by remarks by (pltf) Chris Jones, then Geoff Johnson; court advises all taken under advisement; written order to follow (bl) (Entered: 12/09/2004)

12/09/2004 37 Notice of Withdrawal of Appearance of S. Ranchor Harris, III and the law firm of Wilson and Iseman on behalf of Plaintiff James K. Lindsay (bb) (Entered: 12/09/2004)

12/17/2004 38 Amended Certificate of service of Notices of Appearance of David J. Worley, Nichole T. Browning and Joseph P. Helm, III, filed w/Court on Dec. 8, upon all counsel for all parties (bb) (Entered: 12/29/2004)

01/13/2005 39 Order granting in part, denying in part [30-1] joint motion for approval of stipulation and proposed order appointing lead plaintiffs and co-lead and liaison counsel in 5:04- cv-00473, 5:04-cv-00471, 5:04-cv-00480, 5:04-cv-00481, 5:04-cv-00483, 5:04-cv-00489, 5:04-cv-00504, 5:04-cv-00506, 5:04-cv-00507, 5:04-cv-00508, 5:04-cv-00520, 5:04-cv-00531, 5:04-cv-00549, 5:04-cv-00560, mooting [18-1] motion for appointment as lead plaintiff in 5:04-cv-00473, 5:04-cv-00471, 5:04-cv-00480, 5:04- cv-00481, 5:04-cv-00483, 5:04-cv-00489, 5:04-cv-00504, 5:04-cv-00506, 5:04-cv-00507, 5:04-cv-00508, 5:04-cv-00520, 5:04-cv-00531, 5:04-cv-00549, 5:04-cv-00560, mooting [18-2] motion approval of its selection of lead and liaison counsel in 5:04-cv-00473, 5:04-cv-00471, 5:04-cv-00480, 5:04-cv-00481, 5:04-cv-00483, 5:04-cv-00489, 5:04-cv-00504, 5:04-cv-00506, 5:04-cv-00507, 5:04-cv-00508, 5:04-cv-00520, 5:04- cv-00531, 5:04-cv-00549, 5:04-cv-00560, mooting [15-1] motion for appointment as lead plaintiff in 5:04-cv-00473, 5:04-cv-00471, 5:04-cv-00480, 5:04-cv-00481, 5:04- cv-00483, 5:04-cv-00489, 5:04-cv-00504, 5:04-cv-00506, 5:04-cv-00507, 5:04-cv-00508, 5:04-cv-00520, 5:04-cv-00531, 5:04-cv-00549, 5:04-cv-00560, mooting [15-2] motion approval of lead and liaison counsel in 5:04-cv-00473, 5:04-cv-00471, 5:04- cv-00480, 5:04-cv-00481, 5:04-cv-00483, 5:04-cv-00489, 5:04-cv-00504, 5:04-cv-00506, 5:04-cv-00507, 5:04-cv-00508, 5:04-cv-00520, 5:04-cv-00531, 5:04-cv-00549, 5:04-cv-00560; The Union Group is APPOINTED Lead Plaintiff. Within 30 days of the date this order is filed, the Union Group shall file with the court notice of its selection of lead counsel of either Milbert Weiss or Chitwood & Harley, LLP. The Edmisten & Webb Law Firm is APPOINTED Liaison Counsel. The Clerk is required to serve any order or notice ONLY ON LIAISON COUNSEL and defense counsel. Liaison Counsel is DIRECTED TO SERVE ALL ORDERS AND NOTICES from the Cout on Lead Counsel as well as the appropriate plaintiffs' counsel in the underlying actions. signed by W. Earl Britt, Sr; cc to all counsel. Dist. Judge. (bb) (Entered: 01/14/2005)

01/14/2005 FROM THIS DATE FORWARD, ALL DOCKETING IN THE RED HAT

SECURITIES LITIGATION SHALL BE DONE IN MASTER FILE NO. 5:04-CV-473-BR. FOR REVIEW OF COMPLETE RECORD PLEASE REFER TO THAT CIVIL ACTION NUMBER (bb) (Entered: 01/14/2005)

02/14/2005

02/17/2005

02/17/2005

40 Document filed by movant Union Group in 5:04-cv-00473 titled: Notice of Selection of Lead Counsel Milberg Weiss; cy to Judge Britt w/p.order (bb) (Entered: 02/17/2005)

41 Notice of attorney appearance for Plaintiffs by Reuben A. Guttman of Milberg Weiss Bershad & Schulman LLP (bb) (Entered: 02/24/2005)

42 Notice of attorney appearance for Plaintiffs by Mark Hanna of DAVIS, COWELL & BOWE, Washington, DC (bb) (Entered: 02/24/2005)

02/22/2005 43 Order Appointing Lead Plaintiff's Counsel Milberg Weiss Bershad & Schulman LLP; signed by W. Earl Britt, Sr. Dist. Judge; served liaison and defense counsel. (bb) Modified on 02/24/2005 (Entered: 02/22/2005)

04/25/2005 44 Motion by Union Group in 5:04-cv-00473 to extend time to serve consolidated amended class action complaint; cy to Judge Britt w/prop. order (bb) (Entered: 04/26/2005)

04/26/2005

45 Notice of voluntary dismissal as to C.B. Partners v. Red Hat Inc., et al, 5:04-CV-504- BR(3) w/o prejudice (bb) (Entered: 04/26/2005)

04/29/2005

46 Order granting [44-1] motion to extend time signed by W. Earl Britt, Sr. Dist. Judge; cc to counsel. (bb) (Entered: 05/02/2005)

05/06/2005 47 Motion by Union Group in 5:04-cv-00473 to accept consolidated amended class action complaint as timely filed ; cy to Judge Britt w/proposed amended complaint (bb) (Entered: 05/06/2005)

05/06/2005

05/09/2005

50 Consolidated Amended Class Action complaint, amends [1-1] complaint (bb) (Entered: 05/10/2005)

48 Order: the court is satisfied that a settlement of plaintiff's claims (5:04-CV-504-BR) has not occurred, and therefore the dismissal is not the product of collusion. In addition, absent putative class members are not prejudiced as their interests continue to be represented by the Lead Plaintiff in the consolidated action. Accordingly, the dismissal (5:04-CV-504-BR) is APPROVED; signed by W. Earl Britt, Sr. Dist. Judge; cc to counsel. (bb) (Entered: 05/09/2005)

05/09/2005 49 Order granting [47-1] motion to accept consolidated amended class action complaint as timely filed on May 6, 2005; signed by W. Earl Britt, Sr. Dist Judge; cc to liaison and defense counsel. (bb) (Entered: 05/10/2005)

06/02/2005 52 Consent Motion by all parties for extension of briefing schedule ; cy to Judge Britt (bb) (Entered: 06/13/2005)

06/06/2005 51 Order, set defendants' motion filing deadline for 7/29/05 . Lead Plaintiffs shall, no later than September 15, 2005, file and serve their oppositions to the motions; and Defendants shall, no later than October 17, 2005, file and serve their reply briefs; signed by W. Earl Britt, Sr. Dist. Judge; cc to liaison and defense counsel. (bb) (Entered: 06/06/2005)

07/29/2005 53 Motion by Mark H. Webbink in 5:04-cv-00473, Paul J. Cormier in 5:04-cv-00473, Timothy J. Buckley in 5:04-cv-00473, Kevin B. Thompson in 5:04-cv-00473, Matthew J. Szulik in 5:04-cv-00473, Red Hat, Inc. in 5:04-cv-00473 to dismiss consolidated class action complaint (bb) (Entered: 08/02/2005)

07/29/2005 54 Memorandum by Mark H. Webbink in 5:04-cv-00473, Paul J. Cormier in 5:04-cv- 00473, Timothy J. Buckley in 5:04-cv-00473, Kevin B. Thompson in 5:04-cv-00473, Matthew J. Szulik in 5:04-cv-00473, Red Hat, Inc. in 5:04-cv-00473 in support of [53- 1] motion to dismiss w/attached exhibits A-B (bb) (Entered: 08/02/2005)

07/29/2005 Rec'd 2 bound notebooks of documents in support of Red Hat Defendants' Motion to Dismiss consolidated class action complaint (DE-53) (bb) (Entered: 08/02/2005)

07/29/2005 55 Special Notice of attorney appearance for Pricewaterhouse in 5:04-cv-00473 by Robert J. Kopeck, Anne M. Sidrys, and Stacey Garbis Pagonis of the law firm of Kirkland & Ellis, in association with Jim W. Phillips, Jr. and Jennifer T. Harrod of the law firm of Brooks, Pierce, McLendon, Humphrey & Leonard. (bb) (Entered: 08/02/2005)

07/29/2005

56 Rule 12 Motion by Pricewaterhouse in 5:04-cv-00473 to dismiss consolidated amended class acton complaint (bb) (Entered: 08/02/2005)

07/29/2005

57 Memorandum by Pricewaterhouse in 5:04-cv-00473 in support of [56-1] motion to dismiss (bb) (Entered: 08/02/2005)

07/29/2005 Rec'd Appendix of Exhibits (A-E) and unpublished authority cited in support of PriceWaterhouseCoopers LLP's Motion to Dimiss the Consolidated Amended Class Action Complaint (DE-56) (bb) (Entered: 08/02/2005)

09/15/2005 58 Consent Motion of all parties to extend time for briefing schedule (bb) (Entered: 09/27/2005)

09/26/2005 59 Order granting [58-1] motion to extend time; lead Plaintiff shall, no later than Oct. 7, 2005, file and serve its opposition to Defendants' Motions to Dismiss the complaint; Defendant shall file and serve reply briefs no later than November 7, 2005; signed by W. Earl Britt, Sr. Dist. Judge; cc to counsel. (bb) (Entered: 09/27/2005)

10/07/2005 60 MOTION for Leave to File Omnibus Response Brief by Union Group. (Attachments: (Lead Pltfs' Omnibus Opposition to Defts'. Motions to Dismiss #(1) Supplement pages 1-29, #(2) Supplement pages 30-57)(Deputy Clerk, BL) Additional attachment(s) added on 10/13/2005 (Deputy Clerk, BL). (Entered: 10/12/2005)

10/14/2005 61 RESPONSE in Opposition re 60 MOTION for Leave to File filed by Red Hat, Inc.. (Attachments: # 1 Affidavit of Christopher W. Jones)(Deputy Clerk, BL) (Entered: 10/17/2005)

10/19/2005 62 REPLY IN FURTHER SUPPORT OF Motion re 60 MOTION for Leave to File Omnibus Opposition Brief filed by John Borsellino. (Deputy Clerk, BL) Additional attachment(s) added on 10/24/2005 (Deputy Clerk, BL). (Entered: 10/20/2005)

10/20/2005 Set Deadlines as to 60 MOTION for Leave to File. Responses due by 10/28/2005 Replies due by 11/15/2005. (Deputy Clerk, BL) (Entered: 10/20/2005)

10/20/2005 Set Deadlines as to 53 Motion to Dismiss, 56 Motion to Dismiss. Replies due by

11/7/2005. (Deputy Clerk, BL) (Entered: 10/20/2005)

11/07/2005 63 REPLY to Response to Motion re 56 Motion to Dismiss Consolidated Amended Class Action Complaint filed by PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A)(Harrod, Jennifer) (Entered: 11/07/2005)

11/07/2005 64 REPLY to Response to Motion re 53 Motion to Dismiss filed by PricewaterhouseCoopers LLP, Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Mark H. Webbink. (Deputy Clerk, BL) (Entered: 11/15/2005)

11/14/2005 65 NOTICE of Filing: Notice of Change of Firm Address with the Clerk's Office by Plaintiff John Borsellino (Scott & Scott, LLC, 600 B Street, Suite 1500, San Diego, CA 92101) (Deputy Clerk, BL) (Entered: 11/21/2005)

12/12/2005 ORDER This matter is before the court on the Lead Plaintiff's motion for leave to file an omnibus response brief to the Red Hat Defendants' and Pricewaterhouse Coopers' motions to dismiss. The Red Hat Defendants filed a brief in opposition to the motion, and the Lead Plaintiff filed a reply. Having fully considered the parties' briefs, the motion is ALLOWED. The Clerk is DIRECTED to file the response brief submitted with the instant motion. Signed by Judge W. Earl Britt on 12/12/2005. (CHAM, ACP) (Entered: 12/12/2005)

12/13/2005 66 RESPONSE in Opposition re 53 Motion to Dismiss, 56 Motion to Dismiss filed by John Borsellino, Union Group. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10)(Deputy Clerk, BL) Additional attachment(s) added on 2/28/2006 (Deputy Clerk, BL). (Entered: 12/15/2005)

03/15/2006 67 NOTICE of Filing Red Hat Defendants' Suggestion of Subsequently Decided Authority with the Clerk's Office by Defendants Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Timothy J. Buckley, Paul J. Cormier, Mark H. Webbink (Attachments: # 1 Attachment 1)(Deputy Clerk, BL) (Entered: 03/20/2006)

05/12/2006 68 ORDER granting in part and denying in part 53 Motion to Dismiss, granting 56 Motion to Dismiss; defendants PricewaterhouseCoopers, Webbink, Buckley, and Cormier are DISMISSED from this action. Additionally, Count III of the Amended Complaint is DISMISSED . Signed by Judge W. Earl Britt on 5/12/06. (CHAM, ACP) (Entered: 05/12/2006)

05/16/2006 69 MOTION for Extension of Time to File Answer re 68 Order on Motion to Dismiss,,, by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Proposed Order)(Millen, Pressly) (Entered: 05/16/2006)

05/16/2006 MOTIONS 69 MOTION for Extension of Time to File Answer re 68 Order on Motion to Dismiss, REFERRED to clerk. (Deputy Clerk, BL) (Entered: 05/16/2006)

05/19/2006 70 ORDER granting 69 Motion for Extension of Time to Answer Red Hat, Inc. answer due 6/5/2006; Matthew J. Szulik answer due 6/5/2006; Kevin B. Thompson answer due 6/5/2006. . Signed by Clerk on 5/19/06. cys served (Deputy Clerk, BL) (Entered: 05/19/2006)

06/05/2006 71 ANSWER to Amended Complaint (Consolidated Amended Class Action Complaint) by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Pages 31- end of Answer)(Jones, Christopher) (Entered: 06/05/2006)

06/12/2006

72 REQUEST FOR DISCOVERY PLAN sent to all parties(Deputy Clerk, BL) (Entered: 06/12/2006)

06/21/2006

73 MOTION to Withdraw as Attorney and for Substitution of Counsel by Union Group.

I (Attachments: # 1 Proposed Order)(Webb, William) (Entered: 06/21/2006)

07/05/2006 74 ORDER re 73 MOTION to Withdraw as Attorney and for Substitution of Counsel filed by Union Group, Lead Plaintiffs are DIRECTED to file appropriate documentation in support of the instant motion on or before 14 July 2006. Signed by Judge W. Earl Britt on 7/5/06. (CHAM, ACP) (Entered: 07/05/2006)

07/10/2006

75 RESPONSE to Order re 74 Order, by Red Hat Plaintiff Group. (Attachments: # 1)(Webb, William) (Entered: 07/10/2006)

07/11/2006

NOTICE OF DEFICIENCY re: 75 Response: Only exhibit A was attached. Cnsl needs to submit Exhibits B, C and D. Thanks. (Deputy Clerk, BL) (Entered: 07/11/2006)

07/12/2006 76 RESPONSE to Order re Notice of Deficiency, 74 Order, Amended Response with Exhibits by Red Hat Plaintiff Group. (Attachments: # 1 # 2 # 3 # 4)(Webb, William) (Entered: 07/12/2006)

07/14/2006

07/26/2006

07/26/2006

77 ORDER granting 73 Motion to Withdraw as Attorney. . Signed by Judge W. Earl Britt on 7/14/06. (CHAM, ACP) (Entered: 07/14/2006)

78 MOTION for Disclosure Plaintiff's Rule 26(a)(1) Disclosures by Red Hat Plaintiff Group. (Webb, William) (Entered: 07/26/2006)

79 MOTION for Discovery Rule 26(f) Discovery Plan Report of Parties Planning Meeting by Red Hat Plaintiff Group. (Webb, William) (Entered: 07/26/2006)

07/26/2006 NOTICE OF DEFICIENCY re: 78 Motion for Disclosure, 79 Motion for Discovery THESE 2 DOCUMENTS ARE NOT MOTIONS, and therefore will be terminated so as to not show up as pending motions. As to #78 please read Local Rule 26.1(a) as Discovery Material Not to Be Filed Unless Ordered or Needed. As to #79 in the future please file this as a DISCOVERY PLAN. You will go under CIVIL, then go to OTHER FILINGS. Select DISCOVERY DOCUMENTS. In the drop down box chose DISCOVERY PLAN. Remember, this is not a motion. You are filing a Discovery Plan in response to the Court's Request for Discovery Plan. Please call our help desk in the future for guidance. Thank you.(Deputy Clerk, BL) (Entered: 07/26/2006)

07/27/2006

07/27/2006

08/21/2006

80 SCHEDULING ORDER signed by Judge William A. Webb on 07/27/06. (CHAM, I BH) (Entered: 07/27/2006)

Set Deadlines: Discovery due by 9/21/2007. Motions due by 10/21/2007. cys dist. (Deputy Clerk, BL) (Entered: 07/27/2006)

81 MOTION to Amend/Correct 80 Scheduling Order by Red Hat Plaintiff Group. (Attachments: # 1 # 2)(Webb, William) (Entered: 08/21/2006)

08/22/2006 NOTICE OF DEFICIENCY re: 81 Motion to Amend/Correct Scheduling Order with two attached Rule 26(f) Discovery Plans - not signed. Please resubmit with proper electronic signature, i.e., /s/ along with attorney name on signature line. Thank you! (Deputy Clerk - TC, ) (Entered: 08/22/2006)

08/22/2006 82 MOTION to Amend/Correct Notice of Deficiency, by Red Hat Plaintiff Group.

(Attachments: # 1 # 2)(Webb, William) (Entered: 08/22/2006)

09/11/2006 83 RESPONSE in Opposition re 81 MOTION to Amend/Correct 80 Scheduling Order filed by Red Hat, Inc.. (Attachments: # 1 Appendix A to Red Hat Defendants' Opposition to Lead Plaintiffs' Motion to Modify Scheduling Order)(Jones, Christopher) (Entered: 09/11/2006)

09/11/2006 84 AFFIDAVIT re 83 Response in Opposition to Motion, by Red Hat, Inc.. (Attachments: # 1 Exhibit 1 to Affidavit of Michael Mugmon, Esq.)(Jones, Christopher) (Entered: 09/11/2006)

09/15/2006 85 RESPONSE re 83 Response in Opposition to Motion, Reply to Opposition filed by Red Hat Plaintiff Group. (Attachments: # 1 # 2)(Webb, William) (Entered: 09/15/2006)

09/19/2006 MOTIONS 82 MOTION to Amend/Correct Notice of Deficiency,, 81 MOTION to Amend/Correct 80 Scheduling Order REFERRED to Mag.Judge Webb. (Deputy Clerk - BL, ) (Entered: 09/19/2006)

09/19/2006 86 ORDER denying 82 Motion to Amend/Correct. Signed by Judge William A. Webb on 09/19/06. (CHAM, BH) (Entered: 09/19/2006)

11/06/2006 87 MOTION to Certify Class Proposed Class Representatives' Motion for Class Certification and Memo of Points in Support by Red Hat Plaintiff Group. (Webb, William) (Entered: 11/06/2006)

11/07/2006

11/07/2006

11/08/2006

11/08/2006

88 Corrected MOTION to Certify Class WITH SIGNATURE LINE by Red Hat Plaintiff Group. (Webb, William) (Entered: 11/07/2006)

89 MOTION Joint Agreed for Entry of Confidentiality Order by Red Hat Plaintiff Group. (Attachments: # 1)(Webb, William) (Entered: 11/07/2006)

***Motions Submitted: 89 MOTION Joint Agreed for Entry of Confidentiality Order (Deputy Clerk - DR, ) (Entered: 11/08/2006)

Motions No Longer Submitted 89 MOTION Joint Agreed for Entry of Confidentiality Order (Deputy Clerk - DR, ) (Entered: 11/08/2006)

11/08/2006 MOTIONS 89 MOTION Joint Agreed for Entry of Confidentiality Order REFERRED to Judge William Webb for consideration. (Deputy Clerk - DR, ) (Entered: 11/08/2006)

11/13/2006 MOTIONS 89 MOTION Joint Agreed for Entry of Confidentiality Order REFERRED to Mag. Judge Daniel. (Deputy Clerk - BL, ) (Entered: 11/13/2006)

11/13/2006 90 REASSIGNMENT ORDER - that the mag judge designation of the above captioned case is hereby reassigned to the Honorable David Daniel; Signed by Clerk of Court on 11/13/06. (Deputy Clerk - BL, ) (Entered: 11/13/2006)

11/15/2006

91 ORDER Governing The Confiedntial Treatment of Discovery Material . Signed by Judge David W. Daniel on 11/13/06. (Deputy Clerk - BL, ) (Entered: 11/15/2006)

12/06/2006

92 NOTICE of Appearance by William W. Webb, Sr on behalf of Red Hat Plaintiff Group (Webb, William) (Entered: 12/06/2006)

12/06/2006

93 MOTION to Compel Production of Documents by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A to Motion to Compel# 2 Exhibit B to Motion to Compel# 3 Exhibit C to Motion to Compel# 4 Exhibit A to Affidavit of Pressly Millen# 5 Exhibit B to Affidavit of Pressly Millen)(Millen, Pressly) (Entered: 12/06/2006)

12/06/2006 94 Memorandum in Support re 93 MOTION to Compel Production of Documents filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Millen, Pressly) (Entered: 12/06/2006)

12/07/2006

12/07/2006

95 MOTION to Compel Appearance and Testimony of United Food and Commercial Workers Local 1262 and Employers Pension Fund at Deposition by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit 1 to Red Hat Motion to Compel Appearance# 2 Exhibit A to Mugmon Affidavit# 3 Exhibit B to Mugmon Affidavit# 4 Exhibit C to Mugmon Affidavit# 5 Exhibit D to Mugmon Affidavit# 6 Exhibit E to Mugmon Affidavit# 7 Exhibit F to Mugmon Affidavit# 8 Exhibit G to Mugmon Affidavit# 9 Exhibit 2 to Red Hat Motion to Compel Appearance)(Millen, Pressly) (Entered: 12/07/2006)

96 RESPONSE in Support re 95 MOTION to Compel Appearance and Testimony of United Food and Commercial Workers Local 1262 and Employers Pension Fund at Deposition Memorandum in Support of Defendants' Motion to Compel Appearance and Testimony of United Food and Commercial Workers Local 1262 and Employers Pension Fund at Deoposition filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Millen, Pressly) (Entered: 12/07/2006)

12/07/2006 ***Motions Submitted: 88 Corrected MOTION to Certify Class WITH SIGNATURE LINE , 87 MOTION to Certify Class Proposed Class Representatives' Motion for Class Certification and Memo of Points in Support (Deputy Clerk - BL, ) (Entered: 12/07/2006)

12/18/2006 97 STIPULATION Joint Stipulation of Withdrawal of United Food and Commercial Workers Local 1262 and Employers Pension Fund as Member of Lead Plaintiff Union Group and as Potential Class Representative by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Union Group. (Millen, Pressly) (Entered: 12/18/2006)

12/27/2006 98 WITHDRAWAL of Motion by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. re 95 MOTION to Compel Appearance and Testimony of United Food and Commercial Workers Local 1262 and Employers Pension Fund at Deposition filed by Red Hat, Inc.,, Kevin B. Thompson,, Matthew J. Szulik,. (Millen, Pressly) (Entered: 12/27/2006)

01/02/2007

MOTIONS 93 MOTION to Compel Production of Documents REFERRED to Judge Daniel. (Deputy Clerk - BL, ) (Entered: 01/02/2007)

01/03/2007

99 NOTICE by Red Hat Plaintiff Group of Withdrawal of Class Representative (Webb, William) (Entered: 01/03/2007)

01/04/2007 100 NOTICE by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson re 93 MOTION to Compel Production of Documents Addendum to Defendants' Motion to Compel Production of documents (Attachments: # 1 Addendum to Memorandum in Support of Defendants' Motion to Compel Production of Documents# 2 Exhibit A to Memorandum in Support# 3 Exhibit B to Addendum to Memo in Support# 4 Exhibit

C to Addendum to Memo in Support)(Millen, Pressly) (Entered: 01/04/2007)

01/04/2007 101 AFFIDAVIT re 100 Notice (Other), Notice (Other) Affidavit of Michael A. Mugmon, Esq. in Support of Addendum to Defendants' Motion to Compel Production of Documents by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A to Mugmon Affidavit# 2 Exhibit B to Michael Mugmon Affidavit)(Millen, Pressly) (Entered: 01/04/2007)

01/11/2007 Remark - Documents #87 and #88 no longer submitted to J. Britt (Deputy Clerk - BL, ) (Entered: 01/11/2007)

01/11/2007 Motions No Longer Referred: 88 Corrected MOTION to Certify Class WITH SIGNATURE LINE , 87 MOTION to Certify Class Proposed Class Representatives' Motion for Class Certification and Memo of Points in Support (Deputy Clerk - BL, ) (Entered: 01/11/2007)

01/11/2007 ORDER re 80 Scheduling Order. This matter is hereby SET for trial by jury on 5 February 2008 in Raleigh, North Carolina. Signed by Judge W. Earl Britt. (CHAM, TC) (Entered: 01/11/2007)

01/11/2007 Set Hearings: Jury Trial set for 2/5/2008 09:00 AM in Raleigh - 7th Floor Courtroom 2 before Judge W. Earl Britt. (Deputy Clerk - BL, ) (Entered: 01/12/2007)

01/12/2007 102 RESPONSE to Motion re 93 MOTION to Compel Production of Documents and Addendum to Their Motion to Compel filed by Red Hat Plaintiff Group. (Attachments: # 1 # 2 # 3)(Webb, William) (Entered: 01/12/2007)

02/02/2007 103 Memorandum in Opposition re 87 MOTION to Certify Class Proposed Class Representatives' Motion for Class Certification and Memo of Points in Support Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Attachment to Memo of Law in Opposition)(Millen, Pressly) (Entered: 02/02/2007)

02/02/2007

02/15/2007

104 AFFIDAVIT re 103 Memorandum in Opposition, Affidavit of Michael A. Mugmon, Esq. in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson, Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Part 1 of 6 to Affidavit of Michael Mugmon# 2 Part 2 of 6 to Affidavit of Michael Mugmon# 3 Part 3 of 6 to Affidavit of Michael Mugmon# 4 Part 4 of 6 to Affidavit of Michael Mugmon# 5 Part 5 of 6 to Affidavit of Michael Mugmon# 6 Part 6 of 6 to Affidavit of Michael Mugmon)(Millen, Pressly) (Entered: 02/02/2007)

105 MOTION for Leave to File Excess Pages Unopposed Motion for Extension of Page Limitation by Red Hat Plaintiff Group. (Attachments: # 1)(Webb, William) (Entered: 02/15/2007)

02/16/2007 MOTIONS 105 MOTION for Leave to File Excess Pages Unopposed Motion for Extension of Page Limitation REFERRED to Judge Daniel. (Deputy Clerk - BL, ) (Entered: 02/16/2007)

02/16/2007 106 RESPONSE re 88 Corrected MOTION to Certify Class WITH SIGNATURE LINE , 103 Memorandum in Opposition, Reply in Further Support of Motion for Class

Certification filed by Red Hat Plaintiff Group. (Attachments: # 1 # 2 # 3)(Webb, William) (Entered: 02/16/2007)

02/20/2007 ***Motions Submitted: 88 Corrected MOTION to Certify Class WITH SIGNATURE LINE , 87 MOTION to Certify Class Proposed Class Representatives' Motion for Class Certification and Memo of Points in Support (Deputy Clerk - BL, ) (Entered: 02/20/2007)

02/21/2007 107 ORDER granting 105 Motion for Leave to File Excess Pages . Signed by Judge David W. Daniel on 2/19/07. (Deputy Clerk - BL, ) (Entered: 02/21/2007)

03/01/2007 108 MOTION Motion to File the Affidavit of Jeffrey B. Rudman, Esq. Red Hat Defendants' Motion to File the Affidavit of Jeffrey B. Rudman, Esq. by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit 1 to Red Hat Motion to File Affidavit# 2 Exhibit A to Red Hat Motion to File Affidavit# 3 Exhibit B to Red hat Motion to File Affidavit# 4 Exhibit C to Red Hat Motion to File Affidavit# 5 Proposed Order)(Millen, Pressly) (Entered: 03/01/2007)

03/19/2007 109 ORDER re 108 MOTION Motion to File the Affidavit of Jeffrey B. Rudman, Esq. Red Hat Defendants' Motion to File the Affidavit of Jeffrey B. Rudman, Esq. filed by Red Hat, Inc.,, Kevin B. Thompson,, Matthew J. Szulik, . Signed by Judge W. Earl Britt on 3/19/07. (CHAM, ACP) (Entered: 03/19/2007)

03/23/2007 110 RESPONSE to Motion re 108 MOTION Motion to File the Affidavit of Jeffrey B. Rudman, Esq. Red Hat Defendants' Motion to File the Affidavit of Jeffrey B. Rudman, Esq. filed by Red Hat Plaintiff Group. (Webb, William) (Entered: 03/23/2007)

03/24/2007 ORDER This matter is before the court on the Red Hat defendants' motion for leave to the affidavit of Jeffrey B. Rudman, Esq. Plaintiffs have filed a response indicating they do not oppose the filing. The motion is therefore ALLOWED . Signed by Judge W. Earl Britt on 3/24/07. (CHAM, ACP) (Entered: 03/24/2007)

04/09/2007 111 NOTICE of Appearance by William W. Webb, Sr on behalf of Red Hat Plaintiff Group (Webb, William) (Entered: 04/09/2007)




04/16/2007 115 MOTION to Strike 112 Notice of Appearance, 114 Notice of Appearance, 111 Notice of Appearance, 113 Notice of Appearance Red Hat Defendants' Motion to Strike the Notices of Appearance of Martin d. Chitwood, Gregory E. Keller, Darren T. Kaplan, and Mary Kathryn King by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Proposed Order to Strike)(Millen, Pressly) (Entered: 04/16/2007)

04/17/2007 116 ORDER re 100 Notice-(other)filed by Red Hat, Inc., Kevin B. Thompson,, Matthew J. Szulik. The court DENIES Red Hat Defts'. Addendum to their Motion to Compel Production of Documents. Signed by Judge David W. Daniel on 4/17/07. (Deputy Clerk - BL, ) (Entered: 04/17/2007)

04/19/2007 117 MOTION for Hearing Red Hat Defendants Motion Requesting a Status Conference by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Millen, Pressly) (Entered: 04/19/2007)

04/20/2007 118 MOTION for Hearing Status Conference, Substitution or Addition of Class Representative, or in the Alternative Withdrawal of Saxena White P.A. as Lead Counsel by Red Hat Plaintiff Group. (Attachments: # 1 Exhibit Exhibits A-D)(Webb, William) (Entered: 04/20/2007)

04/23/2007 Motions Submitted: 117 MOTION for Hearing Red Hat Defendants Motion Requesting a Status Conference , 118 MOTION for Hearing Status Conference, Substitution or Addition of Class Representative, or in the Alternative Withdrawal of Saxena White P.A. as Lead Counsel (Deputy Clerk - BL, ) (Entered: 04/23/2007)

04/24/2007 119 NOTICE of Appearance by Brandon S. Neuman on behalf of Eric W Bushman, Steve Salek (Neuman, Brandon) (Entered: 04/24/2007)

04/24/2007 120 MOTION to Substitute Attorney (Lead Counsel) and Shorten Time for Consideration of Motion by Steve Salek. (Attachments: # 1 Exhibit Declaration of Lead Plaintiff Eric W. Bushman# 2 Exhibit Declaration of Lead Plaintiff Steve Salek# 3 Exhibit Firm Resume for Chitwood Harley Harnes# 4 Text of Proposed Order Substitution of Lead Counsel)(Neuman, Brandon) (Entered: 04/24/2007)

04/24/2007 121 Memorandum in Support re 120 MOTION to Substitute Attorney (Lead Counsel) and Shorten Time for Consideration of Motion filed by Steve Salek. (Neuman, Brandon) (Entered: 04/24/2007)

04/24/2007 122 ORDER set status conference 5/7/07 1:00 p.m. Signed by Judge W. Earl Britt on 4/24/07. (CHAM, ACP) (Entered: 04/24/2007)

04/26/2007 123 ORDER re 122 Order, Status Conference continued to 6/4/2007 01:00 PM in Courtroom 2 before Judge W. Earl Britt.. Signed by Judge W. Earl Britt on 4/26/07. (CHAM, ACP) (Entered: 04/26/2007)

04/26/2007 124 Letter from Jeffrey B. Rudman, counsel for the "Red Hat Defendants" regarding the status conference scheduled for 5/7/07. (Deputy Clerk - JJ, ) (Entered: 04/27/2007)

04/26/2007 Set/Reset Hearings: Status Conference set for 6/4/2007 01:00 AM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt. (Deputy Clerk - BL, ) (Entered: 04/27/2007)

04/27/2007 125 RESPONSE in Opposition re 115 MOTION to Strike 112 Notice of Appearance, 114 Notice of Appearance, 111 Notice of Appearance, 113 Notice of Appearance Red Hat Defendants' Motion to Strike the Notices of Appearance of Martin d. Chitwood, Gregory E. Keller, Darren T. filed by Eric W Bushman, Steve Salek. (Neuman, Brandon) (Entered: 04/27/2007)

05/08/2007 126 NOTICE of Appearance for non-district counsel John F. Harnes Filed by local counsel Brandon S. Neuman on behalf of Eric W Bushman, Steve Salek (Neuman, Brandon) (Entered: 05/08/2007)

05/09/2007 127 RESPONSE to Motion re 118 MOTION for Hearing Status Conference, Substitution or Addition of Class Representative, or in the Alternative Withdrawal of Saxena White P.A. as Lead Counsel filed by Eric W Bushman, Steve Salek. (Attachments: # 1

Exhibit Order on Substitution of Lead Counsel)(Neuman, Brandon) (Entered: 05/09/2007)

05/11/2007 128 ORDER denying 88 Motion to Certify Class, denying 115 Motion to Strike, finding as moot 118 Motion for Hearing, finding as moot 120 Motion to Substitute Attorney. . Signed by Judge W. Earl Britt on 5/11/07. (CHAM, ACP) (Entered: 05/11/2007)

05/31/2007 129 NOTICE of Hearing:Issued 6/4/07 Court Schedule - Status Conference set for 6/4/2007 01:00 PM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt. (Deputy Clerk - BL, ) (Entered: 05/31/2007)

06/01/2007 130 NOTICE by Red Hat Plaintiff Group Notice of Withdrawal of Lead Plaintiffs Vile and Zhijie Zhang (Webb, William) (Entered: 06/01/2007)

06/04/2007 131 Minute Entry for proceedings held before Judge W. Earl Britt : Status Conference held on 6/4/2007. (Court Reporter Janet Leggett.) (Deputy Clerk - BL, ) (Entered: 06/05/2007)

07/03/2007 132 NOTICE by Red Hat Plaintiff Group re 128 Order on Motion to Certify Class, Order on Motion to Strike, Order on Motion for Hearing, Set Deadlines/Hearings, Order on Motion to Substitute Attorney Notice of Compliance (Attachments: # 1) (Webb, William) (Entered: 07/03/2007)

07/13/2007 133 MOTION to Appoint Counsel Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel by Charles Gilbert. (McDaniel, L.) (Entered: 07/13/2007)

07/13/2007 134 Memorandum in Support re 133 MOTION to Appoint Counsel Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel filed by Charles Gilbert. (Attachments: # 1 Text of Proposed Order) (McDaniel, L.) (Entered: 07/13/2007)

07/13/2007 135 Declaration re 133 MOTION to Appoint Counsel Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel by Charles Gilbert filed by Charles Gilbert. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H) (McDaniel, L.) (Entered: 07/13/2007)

07/17/2007 136 MOTION to Appoint Counsel Renewed Motion To Be Appointed Lead Plaintiff And For Approval Of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel by James D McRee. (Attachments: # 1 Proposed Order) (McDaniel, L.) (Entered: 07/17/2007)

07/17/2007 137 Memorandum in Support re 136 MOTION to Appoint Counsel Renewed Motion To Be Appointed Lead Plaintiff And For Approval Of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by James D McRee. (McDaniel, L.) (Entered: 07/17/2007)

07/17/2007 138 Declaration re 136 MOTION to Appoint Counsel Renewed Motion To Be Appointed Lead Plaintiff And For Approval Of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel by James D McRee filed by James D McRee. (Attachments: # 1 Exhibit A (cert)# 2 Exhibit B (loss chart)# 3 Exhibit C (notice)# 4 Exhibit D (firm bio)# 5 Exhibit E (firm bio)) (McDaniel, L.) (Entered: 07/17/2007)

07/27/2007 139 NOTICE of Appearance by L. Bruce McDaniel on behalf of Charles Gilbert (Attachments: # 1 Certificate of Service) (McDaniel, L.) (Entered: 07/27/2007)

08/02/2007 140 Memorandum in Opposition re 136 MOTION to Appoint Counsel Renewed Motion To Be Appointed Lead Plaintiff And For Approval Of Lead Plaintiff's Selection ofLead Counsel and Liaison Counsel, 133 MOTION to Appoint Counsel Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel Opposition to Renewed Motions of Charles Gilbert and James McCree for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel and Liaison Counsel filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Millen, Pressly) (Entered: 08/02/2007)

08/03/2007 141 TRANSCRIPT of Proceedings (Status Conference) held on 6/4/07 before Judge Britt. Court Reporter: Accurate Court Reporting Services. (Deputy Clerk - BL, ) (Entered: 08/07/2007)

08/13/2007 142 MOTION to Intervene by Brockton Contributory Retirement System. (Attachments: # 1 # 2 Declaration and Exhibits) (Barrow, Nigle) (Entered: 08/13/2007)

08/13/2007 143 MOTION to Intervene Memorandum of Law by Brockton Contributory Retirement System. (Barrow, Nigle) (Entered: 08/13/2007)

08/14/2007 NOTICE OF DEFICIENCY re: 143 Motion to Intervene - This is not a motion - In the future - Please use the Event under "Other Answers" - "Memorandum in Support" to docket your brief - Thank you. (Deputy Clerk - DR, ) (Entered: 08/14/2007)

08/16/2007 144 REPLY to Response to Motion re 133 MOTION to Appoint Counsel Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel filed by Charles Gilbert. (McDaniel, L.) (Entered: 08/16/2007)

08/16/2007 145 REPLY to Response to Motion re 136 MOTION to Appoint Counsel Renewed Motion To Be Appointed Lead Plaintiff And For Approval Of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by James D McRee. (Attachments: # 1 Exhibit A# 2 Exhibit B) (McDaniel, L.) (Entered: 08/16/2007)

08/21/2007 146 Memorandum in Opposition re 142 MOTION to Intervene Opposition to Motion to Intervene Pursuant to Fed.R.Civ.P.24 and for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel by Applicant Brockton Contributory Retirement System filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Millen, Pressly) (Entered: 08/21/2007)

08/29/2007 147 MOTION to Withdraw 142 MOTION to Intervene by Brockton Contributory Retirement System. (Barrow, Nigle) (Entered: 08/29/2007)

08/30/2007 148 WITHDRAWAL of Motion by Brockton Contributory Retirement System. re 147 MOTION to Withdraw 142 MOTION to Intervene filed by Brockton Contributory Retirement System, 142 MOTION to Intervene filed by Brockton Contributory Retirement System. (Barrow, Nigle) (Entered: 08/30/2007)

09/11/2007

149 NOTICE by Charles Gilbert of Supplemental Authority in Further Support of His Motion for Appointment as Lead Plaintiff (McDaniel, L.) (Entered: 09/11/2007)

09/13/2007

Motions Submitted: 133 MOTION to Appoint Counsel Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel ,

136 MOTION to Appoint Counsel Renewed Motion To Be Appointed Lead Plaintiff And For Approval Of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel (Deputy Clerk - BL, ) (Entered: 09/13/2007)

09/13/2007 150 NOTICE of Firm Name Change of Lerach Coughlin Stoia Geller Rudman & Robbins LLP has changed its name to COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP filed by Liaison Counsel, L. Bruce McDaniel. (Deputy Clerk - JJ, ) (Entered: 09/13/2007)

11/13/2007 151 ORDER granting 133 Motion to Appoint Counsel ; denying 136 Motion to Appoint Counsel. Signed by Judge W. Earl Britt on 11/13/07. (CHAM, ACP) (Entered: 11/13/2007)

01/14/2008 152 MOTION to Certify Class and Incorporated Memorandum of Law by Charles Gilbert. Responses due by 3/17/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B) (McDaniel, L.) (Entered: 01/14/2008)

02/21/2008 Motions Submitted: 152 MOTION to Certify Class and Incorporated Memorandum of Law (Deputy Clerk - BL, ) (Entered: 02/21/2008)

02/21/2008 Motions No Longer Referred AS TIME HAS NOT RUN ON THIS MOTION YET. THIS WAS REFERRED IN ERROR. : 152 MOTION to Certify Class and Incorporated Memorandum of Law (Deputy Clerk - BL, ) (Entered: 02/21/2008)

03/06/2008 153 MOTION for Protective Order by Charles Gilbert. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (McDaniel, L.) (Entered: 03/06/2008)

03/07/2008 154 MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Certify Class and Incorporated Memorandum of Law by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Text of Proposed Order Proposed Order) (Jones, Christopher) (Entered: 03/07/2008)

03/07/2008 155 AFFIDAVIT re 154 MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Certify Class and Incorporated Memorandum of Law MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Certify Class and Incorporated Memorandum of Law by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Jones, Christopher) (Entered: 03/07/2008)

03/10/2008 MOTIONS REFERRED: 154 MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Certify Class and Incorporated Memorandum of Law MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Certify Class and Incorporated Memorandum of Law Motions referred to David W. Daniel. (Deputy Clerk - BL, ) (Entered: 03/10/2008)

03/20/2008 156 Memorandum in Opposition re 153 MOTION for Protective Order Redacted Memorandum of Law in Opposition to Plaintiff's Motion for Protective Order filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Millen, Pressly) (Entered: 03/20/2008)

03/20/2008 157 AFFIDAVIT in Opposition re 153 MOTION for Protective Order Affidavit of Michael Mugmon, Esq. in Support of Red Hat Defendants' Opposition to Lead Plaintiff Charles

Gilbert's Motion for Protective Order filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A ( Redacted) to Michael Mugmon Affidavit, # 2 Exhibit B to Michael Mugmon Affdavit, # 3 Exhibit C to Michael Mugmon Affidavit, # 4 Exhibit D to Michael Mugmon Affidavit, # 5 Exhibit E to Michael Mugmon Affidavit, # 6 Exhibit F to Michael Mugmon Affidavit, # 7 Exhibit G to Michael Mugmon Affidavit) (Millen, Pressly) (Entered: 03/20/2008)

03/21/2008 158 SEALED RESPONSE IN OPPOSITION by Defendants Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson re 153 MOTION for Protective Order. (Deputy Clerk - BL, ) (Entered: 03/26/2008)

03/21/2008 159 SEALED Affidavit by Defendants Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Deputy Clerk - BL, ) (Entered: 03/26/2008)

03/31/2008 160 RESPONSE in Opposition re 154 MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Certify Class and Incorporated Memorandum of Law MOTION for Extension of Time to File Response/Reply as to 152 MOTION to Certify Class and Incorporated Memorandum of Law LEAD PLAINTIFF CHARLES GILBERT'S OPPOSITION TO RED HAT DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR CLASS CERTIFICATION filed by Charles Gilbert. (McDaniel, L.) (Entered: 03/31/2008)

03/31/2008

03/31/2008

161 MOTION for Leave to File REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER by Charles Gilbert. (Attachments: # 1 Exhibit A) (McDaniel, L.) (Entered: 03/31/2008)

162 PROPOSED SEALED Document: Exhibit 2 by Plaintiff Charles Gilbert re 161 MOTION for Leave to File REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER . (Deputy Clerk - BL, ) (Entered: 04/01/2008)

04/01/2008 MOTIONS REFERRED: 161 MOTION for Leave to File REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER Motions referred to David W. Daniel. (Deputy Clerk - BL, ) (Entered: 04/01/2008)

04/01/2008

05/14/2008

06/17/2008

163 NOTICE by Charles Gilbert re 162 SEALED PROPOSED Document PLAINTIFF'S NOTICE OF FILING UNDER SEAL (McDaniel, L.) (Entered: 04/01/2008)

MOTIONS REFERRED: 153 MOTION for Protective Order Motions referred to David W. Daniel. (Deputy Clerk - BL, ) (Entered: 05/14/2008)

164 ORDER granting 154 Motion for Extension of Time to File Response/Reply. Signed by USMJ David W. Daniel on 6/17/08. (Deputy Clerk - BL, ) (Entered: 06/17/2008)

06/17/2008 165 ORDER denying 153 Motion for Protective Order; granting 161 Motion for Leave to File. Signed by USMJ David W. Daniel on 6/17/08. (Deputy Clerk - BL, ) (Entered: 06/17/2008)

07/16/2008 166 Memorandum in Opposition re 152 MOTION to Certify Class and Incorporated Memorandum of Law filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Millen, Pressly) (Entered: 07/16/2008)

07/16/2008 167 AFFIDAVIT re 166 Memorandum in Opposition Affidavit of Michael A. Mugmon, Esq. in Support of Defendants' Memorandum of Law in Opposition to Plaintiff's

Motion for Class Certification by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A to Affidavit of Michael Mugmon, # 2 Exhibit B to Affidavit of Michael Mugmon, # 3 Exhibit C to Affiavit of Michael Mugmon, # 4 Exhibit D to Affidavit of Michael Mugmon, # 5 Exhibit E to Affidavit of Michael Mugmon, # 6 Exhibit F to Affidavit of Michael Mugmon, # 7 Exhibit G to Affidavit of Michael Mugmon, # 8 Exhibit H to Affidavit of Michael Mugmon, # 9 Exhibit I to Affidavit of Michael Mugmon, # 10 Errata J to Affidavit of Michael Mugmon, # 11 Exhibit K Redacted, Part 1 to Affidavit of Michael Mugmon, # 12 Exhibit K Redacted, Part 2 to Affidavit of Michael Mugmon, # 13 Exhibit K Redacted Part 3 to Affidavit of Michael Mugmon, # 14 Exhibit K Redacted Part 4 to Affidavit of Michael Mugmon, # 15 Exhibit K Redacted Part 5 to Affidavit of Michael Mugmon, # 16 Exhibit K Redacted Part 6 to Affidavit of Michael Mugmon, # 17 Exhibit M Part 1 to Affidavit of Michael Mugmon, # 18 Exhibit, # 19 Exhibit M Part 3 to Affidavit of Michael Mugmon, # 20 Exhibit N to Affidavit of Michael Mugmon, # 21 Exhibit O to Affidavit of Michael Mugmon, # 22 Exhibit P to Affidavit of Michael Mugmon, # 23 Exhibit Q to Affidavit of Michael Mugmon, # 24 Exhibit R to Affidavit of Michael Mugmon, # 25 Exhibit S to Affidavit of Michael Mugmon, # 26 Exhibit L to Affidavit of Michael Mugmon) (Millen, Pressly) (Entered: 07/16/2008)

07/16/2008 168 NOTICE by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson re 166 Memorandum in Opposition Appendix of Selected Cases (Attachments: # 1 Tab 1 through 3 to Defendant's Appendix of Selected Cases, # 2 Tab 4 through 6 to Appendix of Selected Cases) (Millen, Pressly) (Entered: 07/16/2008)

07/16/2008 169 SEALED Document: (UNREDACTED VERSION of DE#166)) Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification by Defendants Red Hat, Inc.,

i Matthew J. Szulik, Kevin B. Thompson. (Deputy Clerk - BL) (Entered: 07/18/2008)

07/16/2008 170 SEALED Affidavit (Unredacted Version of DE#167) by Defendants Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A (Unredacted version), # 2 Exhibit B (Unredacted Version), # 3 Exhibit C (Unredacted Version), # 4 Exhibit D (Unredacted Version), # 5 Exhibit E (Unredacted Version), # 6 Exhibit F (Unredacted Version), # 7 Exhibit G (Unredacted Version), # 8 Exhibit H (Unredacted Version), # 9 Exhibit I (Unredacted Version), # 10 Exhibit J (Unredacted Version), # 11 Exhibit K (Unredacted Version), # 12 Exhibit L (Unredacted Version), # 13 Exhibit M (Unredacted Version), # 14 Exhibit N (Unredacted Version), # 15 Exhibit O (Unredacted Version), # 16 Exhibit P (Unredacted Version), # 17 Exhibit Q (Unredacted Version), # 18 Exhibit R (Unredacted Version), # 19 Exhibit S (Unredacted Version)) (Deputy Clerk - BL) (Entered: 07/18/2008)

07/16/2008 171 SEALED Document: (Unredacted Version of DE#168) Appendix of Selected Cases by Defendants Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Deputy Clerk - BL) (Entered: 07/18/2008)

08/04/2008 172 MOTION for Leave to File Excess Pages for Reply in Support of Motion for Class Certification by Charles Gilbert. (McDaniel, L.) (Entered: 08/04/2008)

08/04/2008 173 NOTICE by Charles Gilbert of Filing Under Seal Plaintiff's Reply in Support of Motion for Class Certification (McDaniel, L.) (Entered: 08/04/2008)

08/04/2008 174 SEALED REPLY by Plaintiff Charles Gilbert re 152 MOTION to Certify Class and

Incorporated Memorandum of Law . (Attachments: # 1 Exhibit Chart, # 2 Affidavit of Charles Gilbert) (Lee, B.) (Entered: 08/07/2008)

08/04/2008 175 SEALED Document: Expert Report by Plaintiff Charles Gilbert. (Lee, B.) (Entered: 08/07/2008)

08/28/2008 Motions Submitted: 172 MOTION for Leave to File Excess Pages for Reply in Support of Motion for Class Certification (Lee, B.) (Entered: 08/28/2008)

09/11/2008 176 MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Text of Proposed Order to Defendants' Motion to Exclude Portions Expert Report) (Millen, Pressly) (Entered: 09/11/2008)

09/11/2008 177 NOTICE by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson re 176 MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein Appendix of Unpublished Cases Cited in Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein (Attachments: # 1 Tab A to Appendix of Unpublished Cases, # 2 Tab B to Appendix of Unpublished Cases, # 3 Tab C to Appendix of Unpublished Cases, # 4 Tab D to Appendix of Unpublished Cases, # 5 Tab E to Appendix of Unpublished Cases, # 6 Tab F to Appendix of Unpublished Cases, # 7 Tab G to Appendix of Unpublished Cases) (Millen, Pressly) (Entered: 09/11/2008)

10/06/2008 178 RESPONSE in Opposition re 176 MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein filed by Charles Gilbert. (Attachments: # 1 Exhibit A - Supplemental Expert Report of Professor Steven P. Feinstein) (McDaniel, L.) (Entered: 10/06/2008)

10/21/2008 179 REPLY to Response to Motion re 176 MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A to Red Hat's Reply in Support of Their Motion to Exclude, # 2 Exhibit B to Red Hat's Reply in Support of Their Motion to Exclude, # 3 Exhibit C to Red Hat's Reply in Support of Their Motion to Exclude) (Millen, Pressly) (Entered: 10/21/2008)

10/21/2008 180 AFFIDAVIT re 179 Reply to Response to Motion,,, 176 MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein MOTION to Exclude Portions of Expert Report of Professor Steven P.

Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein Affidavit of Michael A. Mugmon, Esq. in Support of Defendants' Reply in Support of Their Motion to Exclude Portions of the Expert Report of Professor Steven P. Feinstein by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A to Affidavit of Michael Mugmon, # 2 Exhibit B to Affidavit of Michael Mugmon, # 3 Exhibit C to Affidavit of Michael Mugmon) (Millen, Pressly) (Entered: 10/21/2008)

10/22/2008 Motions Submitted: 176 MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein (Lee, B.) (Entered: 10/22/2008)

12/22/2008 181 MOTION to Exclude Expert Reports of Christine Nelson by Charles Gilbert. (Attachments: # 1 Exhibit A - Feinstein Report, # 2 Exhibit B - Analyst Reports) (McDaniel, L.) (Entered: 12/22/2008)

01/12/2009 182 Consent MOTION for Extension of Time to File Response/Reply as to 181 MOTION to Exclude Expert Reports of Christine Nelson Red Hat Defendants' Consent Motion for Enlargement of Time to Oppose Lead Plaintiff Charles Gilbert's Motion to Exclude Expert Reports of Christine Nelson by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Text of Proposed Order Proposed Order for Extension of Time) (Millen, Pressly) (Entered: 01/12/2009)

01/13/2009 MOTIONS REFERRED: 182 Consent MOTION for Extension of Time to File Response/Reply as to 181 MOTION to Exclude Expert Reports of Christine Nelson Red Hat Defendants' Consent Motion for Enlargement of Time to Oppose Lead Plaintiff Charles Gilbert's Motion to ExcConsent MOTION for Extension of Time to File Response/Reply as to 181 MOTION to Exclude Expert Reports of Christine Nelson Red Hat Defendants' Consent Motion for Enlargement of Time to Oppose Lead Plaintiff Charles Gilbert's Motion to Exc Motions referred to David W. Daniel. (Lee, B.) (Entered: 01/13/2009)

01/16/2009 183 ORDER granting 182 Motion for Extension of Time to File Response/Reply re 181 MOTION to Exclude Expert Reports of Christine Nelson. Responses due by 2/2/2009; Replies due by 2/19/2009. Signed by USMJ David W. Daniel on 1/15/09. (Lee, B.) (Entered: 01/16/2009)

02/02/2009 184 RESPONSE in Opposition re 181 MOTION to Exclude Expert Reports of Christine Nelson Red Hat Defendants' Opposition to Lead Plaintiff's Motion to Exclude Expert Reports of Christine Nelson filed by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Exhibit A to Red Hat Defendants' Opposition to Lead Plaintiff's Motion to Exclude Expert Reports of Christine Nelson) (Millen, Pressly) (Entered: 02/02/2009)

02/12/2009 185 Consent MOTION to Stay Red Hat Defendants' Consent Motion for Stay of Discovery by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Attachments: # 1 Text of Proposed Order Granting Defendants' Consent Motion for Stay of Discovery) (Millen, Pressly) (Entered: 02/12/2009)

02/12/2009 MOTIONS REFERRED: 185 Consent MOTION to Stay Red Hat Defendants' Consent Motion for Stay of Discovery . Motions referred to David W. Daniel. (Lee, B.) (Entered: 02/12/2009)

02/19/2009 186 ORDER granting 185 Motion for Stay of Discovery. Signed by USMJ David W. Daniel on 2/18/09. (Lee, B.) (Entered: 02/19/2009)

02/19/2009 187 REPLY to Response to Motion re 181 MOTION to Exclude Expert Reports of Christine Nelson filed by Charles Gilbert. (Attachments: # 1 Exhibit A - Expert Report (Feinstein) (McDaniel, L.) (Entered: 02/19/2009)

02/23/2009 Motions Submitted: 181 MOTION to Exclude Expert Reports of Christine Nelson, 176 MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein MOTION to Exclude Portions of Expert Report of Professor Steven P. Feinstein re 175 SEALED Document Red Hat Defendants' Motion to Exclude Portions of Expert Report of Professor Steven P. Feinstein (Lee, B.) (Entered: 02/23/2009)

03/31/2009 188 ORDER granting 172 Motion for Leave to File Excess Pages. Signed by Judge W. Earl Britt on 3/30/2009. (Lee, B.) (Entered: 03/31/2009)

04/21/2009 189 NOTICE by Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson re 169 SEALED Document Defendant's Suggestion of Subsequently Decided Authority (Attachments: # 1 Exhibit Exhibit 1 to Defendants' Suggestion of Subsequently Decided Authority) (Millen, Pressly) (Entered: 04/21/2009)

08/28/2009 190 ORDER - Signed by Judge W. Earl Britt on 8/28/09. For the foregoing reasons, I Gilberts motion for class certification is ALLOWED. The crossmotions to exclude expert reports are DENIED WITHOUT PREJUDICE. It is ORDERED that: This action is hereby certified as a class action under Fed. R. Civ. P. 23(b)(3). The certified class is defined as all purchasers of the common stock of Red Hat, Inc. between December 17, 2002 and July 12, 2004, inclusive and who were damaged thereby, but excluding Red Hat, Inc., Matthew J. Szulik, and Kevin B. Thompson, any entity in which any excluded person has or had a controlling interest, the officers and directors of Red Hat, Inc. and the legal affiliates, representatives, heirs, controlling persons, successors, andpredecessors in interest or assigns of any such excluded party. The class claims are for violations of 15 U.S.C. § 78j(b) and 17 C.F.R. § 240.10b-5 against Red Hat, Inc., Matthew J. Szulik, and Kevin B. Thompson and for violation of 15 U.S.C. §78t(a) against Matthew J. Szulik and Kevin B. Thompson.Charles Gilbert is appointed class representative. Coughlin Stoia Geller Rudman & Robbins LLP is appointed class counsel. Within 30 days of the date of this order, the parties are directed to confer about a proposed schedule for merits discovery and the filing of dispositive motions and file a proposedscheduling order regarding the same. Within 30 days of the date of this order, Gilbert shall file a memorandum regarding the provision of notice to the class in accordance with Fed. R. Civ. P. 23(c)(2)(B). (Lee, B.) (Entered: 08/28/2009)

09/17/2009 191 NOTICE by Charles Gilbert of Non-Opposition to the Unsealing of Documents Filed Under Seal (McDaniel, L.) (Entered: 09/17/2009)

09/24/2009 NOTICE OF DEFICIENCY re: 191 Notice-(other) : Counsel must use correct format on signature line as stated in CM/ECF Policy Manuel, page 13. The correct format for

an attorney signature is as follows: /s/ Judith Attorney. Counsel will be asked to refile all future documents with incorrect signature line. Thank you. (Lee, B.) (Entered: 09/24/2009)

09/25/2009 192 NOTICE by Charles Gilbert re 190 Order on Motion to Certify Class, Order on Motion for Miscellaneous Relief. Plaintiff's Memorandum Addressing Class Notice Pursuant to Fed.R.Civ.P. 23 (Attachments: # 1 Exhibit A) (McDaniel, L.) (Entered: 09/25/2009)

09/28/2009 193 REPORT of Rule 26(f) Planning Meeting by Charles Gilbert, Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Jones, Christopher) (Entered: 09/28/2009)

10/13/2009 194 ORDER regarding proposed notice to class members. Plaintiff shall file a revised proposed notice within 5 days of the date of this order. Re 192 9/25/09 memorandum addressing class notice filed by Charles Gilbert. Signed by Judge W. Earl Britt on 10/13/09. (Callihan, J.) (Entered: 10/14/2009)

10/19/2009 195 NOTICE by Charles Gilbert of Filing Revised Notice of Pendency of Class Action (Attachments: # 1 Revised Notice of Pendency of Class Action) (McDaniel, L.) (Entered: 10/19/2009)

10/20/2009 196 ORDER re 195 Notice-(other) filed by Charles Gilbert. Signed by Judge W. Earl Britt on 10/20/09. (Lee, B.) (Entered: 10/20/2009)

10/23/2009 197 NOTICE by Charles Gilbert of Second Revised Notice of Pendency of Class Action (Attachments: # 1 Second Revised Notice of Pendency) (McDaniel, L.) (Entered: 10/23/2009)

10/26/2009

198 ORDER re 197 Notice-(other) filed by Charles Gilbert. Signed by Judge W. Earl Britt on 10/26/09. (Lee, B.) (Entered: 10/26/2009)

11/04/2009

199 NOTICE of Appearance for non-district by Stephen R. Astley on behalf of Charles Gilbert (Astley, Stephen) (Entered: 11/04/2009)

11/04/2009 200 NOTICE of Appearance for non-district by Jack Reise on behalf of Charles Gilbert (Reise, Jack) (Entered: 11/04/2009)

11/04/2009 201 NOTICE of Appearance for non-district by Elizabeth A. Shonson on behalf of Charles Gilbert (Shonson, Elizabeth) (Entered: 11/04/2009)

11/04/2009 202 NOTICE of Appearance for non-district by Michael L. Greenwald on behalf of Charles Gilbert (Greenwald, Michael) (Entered: 11/04/2009)

12/16/2009

12/17/2009

01/13/2010

203 MOTION to Extend Deadline to Request Exclusion by Charles Gilbert. (McDaniel,

i L.) (Entered: 12/16/2009)

204 Proposed Order re 203 MOTION to Extend Deadline to Request Exclusion filed by Charles Gilbert. (Greenwald, Michael) (Entered: 12/17/2009)

Motion Submitted: 203 MOTION to Extend Deadline to Request Exclusion (Lee, B.) (Entered: 01/13/2010)

01/13/2010 NOTICE OF DEFICIENCY re: 204 PROPOSED ORDER: Per Judge Britt's Practice Preferences located on Court website: OTHER INFORMATION: Send proposed orders electronically in a word processing format (preferably WordPerfect)to:

[email protected] . Please email this proposed order. Thank you. (Lee, B.) (Entered: 01/13/2010)

01/14/2010 205 ORDER granting 203 Motion to Extend deadline to request exclusion from the certified class - ORDERED AND ADJUDGED that the Motion is GRANTED. The deadline to request exclusion from the Class is extended until 90 days after the dissemination of the settlement notice approved by the Court. Signed by Judge W. Earl Britt on 1/14/2010. (Lee, B.) (Entered: 01/14/2010)

01/26/2010 206 SCHEDULING ORDER: Discovery due by 10/29/2010. Motions due by 12/30/2010. Signed by USMJ David W. Daniel on 1/26/2010. Copy to Judge Britt with request for Trial scheduling order. (Lee, B.) (Entered: 01/26/2010)

03/25/2010 207 NOTICE by Charles Gilbert Notice of Firm Name Change (McDaniel, L.) (Entered: 03/25/2010)

03/29/2010 208 MOTION for Preliminary Approval by Charles Gilbert. (Attachments: # 1 Exhibit A - Stipulation of Settlement) (McDaniel, L.) (Entered: 03/29/2010)

03/30/2010 Motion Submitted: 208 MOTION for Preliminary Approval (Lee, B.) (Entered: 03/30/2010)

05/10/2010 Motion No Longer Submitted to Judge Britt: 208 MOTION for Preliminary Approval. MOTION REFERRED to USMJ David W. Daniel. (Cress, L.) (Entered: 05/10/2010)

06/01/2010 209 ORDER Setting Hearing on Motion and Status Conference re: 208 MOTION for Preliminary Approval: Motion Hearing and Status Conference set for 6/3/2010 02:00 PM in Raleigh - 5th Floor Courtroom before USMJ David W. Daniel. The parties may appear by telephone and the court will contact the parties regarding the logistics of the call. Signed by USMJ David W. Daniel on 6/1/10. (Cress, L.) (Entered: 06/01/2010)

06/03/2010 210 Minute Entry for proceedings held before USMJ David W. Daniel: Status Conference held on 6/3/2010, Motion Hearing held on 6/3/2010 re 208 MOTION for Preliminary Approval filed by Charles Gilbert. Present: Plaintiff- Bruce McDaniel, Jack Reise and Stephen Astley by phone; Defendant: Pressly Millen, Bill Pain by phone; Law Clerks: Allison Wexler, Brandy Baird. Proposed Settlement issues are discussed. Written M& R to follow. (Court Reporter FTR.) (Powers, S.) (Entered: 06/03/2010)

06/07/2010 211 NOTICE by Charles Gilbert of Filing (Attachments: # 1 Exhibit Notice of Proposed Settlement of Class Action Exhibit A-1, # 2 Exhibit Final Judgment and Order of Dismissal With Prejudice Exhibit B) (McDaniel, L.) (Entered: 06/07/2010)

06/08/2010 212 NOTICE by Charles Gilbert of Filing Corrected Exhibit A-1 (Attachments: # 1 Corrected Notice) (McDaniel, L.) (Entered: 06/08/2010)

06/11/2010 213 MEMORANDUM AND RECOMMENDATIONS re: 208 MOTION for Preliminary Approval filed by Charles Gilbert. The parties have fourteen (14) days from the date of receipt to file written objections. Signed by USMJ David W. Daniel on 6/11/10. (Cress, L.) (Entered: 06/11/2010)

07/08/2010 214 ORDER granting 208 Motion for Preliminary Approval; adopting 213 Memorandum and Recommendations. Signed by Judge W. Earl Britt on 7/8/10. Counsel should review the order in its entirety for critical deadlines and information. (Cress, L.) (Entered: 07/08/2010)

07/08/2010 ORDER Setting Hearings per 214 Order. The Final Fairness Hearing is SET for 7 December 2010 at 9:00 a.m., Terry Sanford Federal Building and Courthouse, Courtroom 2, 310 New Bern Avenue, Raleigh, North Carolina. Signed by Judge W. Earl Britt on 7/8/10. (Cress, L.) (Entered: 07/08/2010)

07/13/2010 215 PROPOSED SEALED Document: Supplemental Agreement re 214 Order on Motion for Miscellaneous Relief, Order on Memorandum and Recommendations by Plaintiff Charles Gilbert. (McDaniel, L.) (Entered: 07/13/2010)

07/13/2010 216 NOTICE by Charles Gilbert re 214 Order on Motion for Miscellaneous Relief, Order on Memorandum and Recommendations of Filing Document Under Seal (McDaniel, L.) (Entered: 07/13/2010)

10/08/2010 218 Objection to Settlement from Alva Y. Moore. (Attachments: # 1 Envelope) (Grady, B.) (Entered: 10/08/2010)

11/19/2010 219 ORDER: If any party desires to file any documents in relation to the final fairness hearing, such party shall file any such document on or before noon, 29 November 2010. Signed by Judge W. Earl Britt on 11/19/2010. (Sawyer, D.) (Entered: 11/19/2010)

11/22/2010 222 Objection to Settlement/Letter by Donald K. Reil. (Cress, L.) (Entered: 11/29/2010)

11/23/2010 221 NOTICE by Charles Gilbert of Filing Affidavit of Mailing and Publication (Attachments: # 1 Affidavit Mailing and Publication of Notice) (McDaniel, L.) (Entered: 11/23/2010)

11/29/2010 223 MOTION (1) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses by Charles Gilbert. (Attachments: # 1 Text of Proposed Order Awarding Attorneys' Fees and Expenses, # 2 Text of Proposed Order Approving Plan of Allocation of Settlement Proceeds) (McDaniel, L.) (Entered: 11/29/2010)

11/29/2010 224 Memorandum in Support re 223 MOTION (1) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses MOTION (1) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses filed by Charles Gilbert. (Attachments: # 1 Declaration - Politan, # 2 Declaration - Reise, # 3 Affidavit - RSM McGladrey, # 4 Declaration - Light, # 5 Appendix of Non-Published Authorities) (McDaniel, L.) (Entered: 11/29/2010)

11/29/2010 225 Memorandum in Support re 223 MOTION (1) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses MOTION (1) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses filed by Charles Gilbert. (Attachments: # 1 Declaration - Politan, # 2 Affidavit - RSM McGladrey, # 3 Declaration - Reise, # 4 Declaration - Light, # 5 Declaration - McDaniel, # 6 Appendix of Non-Published Authorities) (McDaniel, L.) (Entered: 11/29/2010)

11/29/2010 226 MOTION to Participate in Fee and Expense Application by Plaintiffs' Lead Counsel by Red Hat Plaintiff Group. (Attachments: # 1 Exhibit DECLARATION OF JOSEPH E. WHITE, III, # 2 Exhibit Declaration of Michael S. Spencer, # 3 Exhibit Declaration

11/30/2010

of William Woodward Webb) (Webb, William) (Entered: 11/29/2010)

NOTICE OF DEFICIENCY re: 225 Memorandum in Support and 223 Motion for Miscellaneous Relief - No Certificate of Service attached. CM/ECF Policy Manual, Section F(3) (located on Court Website) states that all documents filed using CM/ECF shall include a certificate of service identifying the manner in which the service on each party was accomplished. You must either refile document or file separately captioned document labeled Certificate of Service using Civil Event - Service of Process - Certificate of Service. (Lee, B.) (Entered: 11/30/2010)

11/30/2010 227 CERTIFICATE OF SERVICE by Charles Gilbert re 223 MOTION (1) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses MOTION (1) Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses, 225 Memorandum in Support,, 224 Memorandum in Support,, (McDaniel, L.) (Entered: 11/30/2010)

12/03/2010 228 Final NOTICE of Hearing re: 214 Order - Final Fairness Hearing set for 7 December 2010 at 9:00 a.m., Terry Sanford Federal Building and Courthouse, Courtroom 2, 310 New Bern Avenue, Raleigh, North Carolina, before Senior United States District Judge W. Earl Britt. (Cress, L.) (Entered: 12/03/2010)

12/06/2010 229 RESPONSE in Opposition re 226 MOTION to Participate in Fee and Expense Application by Plaintiffs' Lead Counsel filed by Charles Gilbert. (McDaniel, L.) (Entered: 12/06/2010)

12/07/2010 230 Minute Entry for proceedings held before Judge W. Earl Britt in Raleigh: Fairness Hearing held on 12/7/2010. Counsel present: Bruce McDaniel, Jack Reise, Press Millen, Woody Webb, Christopher Jones, and Robert Wallner. Court hears from parties regarding fairness of settlement and attorneys' fees. Court DIRECTS that Donald Reil (reference DE# 222 ) be included in the settlement. Written order to follow. (Court Reporter Harry Hagopian) (Cress, L.) (Entered: 12/09/2010)

12/10/2010 231 ORDER granting 223 Motion Final Approval of Class Action Settlement. Counsel should review the order in its entirety for critical deadlines and information. Signed by Judge W. Earl Britt on 12/10/10. (Cress, L.) (Entered: 12/10/2010)

01/12/2011 232 NOTICE by Red Hat Plaintiff Group re 231 Order on Motion for Miscellaneous Relief (Webb, William) (Entered: 01/12/2011)

01/13/2011 233 ORDER referring 226 MOTION to Participate in Fee and Expense Application to US Magistrate Judge David W. Daniel. Signed by Judge W. Earl Britt on 1/13/11. (Cress, L.) (Entered: 01/13/2011)

01/13/2011 MOTION REFERRED to US Magistrate Judge David W. Daniel: 226 MOTION to Participate in Fee and Expense Application by Plaintiffs' Lead Counsel . (Cress, L.) (Entered: 01/13/2011)

01/18/2011 234 ORDER setting deadlines re: 226 MOTION to Participate in Fee and Expense Application by Plaintiffs' Lead Counsel and 229 Response in Opposition. Signed by US Magistrate Judge David W. Daniel on 1/18/11. (Cress, L.) (Entered: 01/18/2011)

01/25/2011 235 RESPONSE in Opposition re 226 MOTION to Participate in Fee and Expense Application by Plaintiffs' Lead Counsel filed by Charles Gilbert. (Attachments: # 1

Exhibit A - Gilbert Declaration, # 2 Exhibit B - Mugmon Email, # 3 Exhibit C - Milberg Letter, # 4 Exhibit D - Picciurro Transcript, # 5 Exhibit E - Bushman Transcript, # 6 Exhibit F - Salek Transcript, # 7 Exhibit G - Reise Declaration) (McDaniel, L.) (Entered: 01/25/2011)

01/28/2011 236 MOTION for Extension of Time to File Response/Reply as to 235 Response in Opposition to Motion, by Red Hat Plaintiff Group. (Attachments: # 1 Text of Proposed Order) (Webb, William) (Entered: 01/28/2011)

01/29/2011 237 OFFICIAL TRANSCRIPT OF FINAL FAIRNESS HEARING held on 12/7/10, before Senior Judge Britt. Court Reporter Harry Hagopian, Telephone number (252) 637-1200; E-mail: [email protected]. Transcript may be purchased through the Court Reporter or viewed at the court public terminal before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website.. Redaction Request due 2/19/2011. Redacted Transcript Deadline set for 3/1/2011. Release of Transcript Restriction set for 4/29/2011. (Hagopian, Harry) (Entered: 01/29/2011)

01/29/2011 NOTICE of Filing of Official Transcript 237 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Hagopian, Harry) (Entered: 01/29/2011)

01/31/2011 MOTION REFERRED to US Magistrate Judge David W. Daniel: 236 MOTION for Extension of Time to File Reply as to 235 Response in Opposition to Motion. (Cress, L.) (Entered: 01/31/2011)

01/31/2011 238 ORDER granting 236 Motion for Extension of Time to File Reply as to 235 Response in Opposition to Motion. Signed by US Magistrate Judge David W. Daniel on 1/31/11. (Cress, L.) (Entered: 01/31/2011)

02/08/2011

02/10/2011

02/11/2011

239 Memorandum in Opposition re 235 Response in Opposition to Motion, TO LEAD PLAINTIFFS SUPPLEMENTAL MEMORANDUM OF LAW REGARDING FEES AND EXPENSES filed by Red Hat Plaintiff Group. (Attachments: # 1 Exhibit A - Cases Filed by RGRD Kendall, # 2 Exhibit B - "Whoops" Article) (Webb, William) (Entered: 02/08/2011)

240 MOTION to Strike 239 Memorandum in Opposition, by Charles Gilbert. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (McDaniel, L.) (Entered: 02/10/2011)

241 RESPONSE to Motion re 240 MOTION to Strike 239 Memorandum in Opposition, filed by Red Hat Plaintiff Group. (Webb, William) (Entered: 02/11/2011)

02/15/2011 242 NOTICE by Charles Gilbert Notice of Filing (Attachments: # 1 Exhibit A) (McDaniel, L.) (Entered: 02/15/2011)

02/15/2011 243 NOTICE by Charles Gilbert Corrected Notice of Filing (Attachments: # 1 Exhibit A) (McDaniel, L.) (Entered: 02/15/2011)

03/01/2011 MOTION REFERRED to US Magistrate Judge David W. Daniel: 240 MOTION to

Strike 239 Memorandum in Opposition. (Cress, L.) (Entered: 03/01/2011)

03/30/2011 244 ORDER DIRECTING the Clerk to remove this case from the active docket. Signed by Senior Judge W. Earl Britt on 3/30/11. (Cress, L.) (Entered: 03/30/2011)

04/18/2011 245 ORDER setting deadline re 226 MOTION to Participate in Fee and Expense Application by Plaintiffs' Lead Counsel filed by Red Hat Plaintiff Group. Signed by Magistrate Judge David W. Daniel on 4/18/11. (Cress, L.) (Entered: 04/18/2011)

05/02/2011 246 NOTICE Former Lead and Liaison Counsel Edmisten & Webb, Saxena White, PA and Milberg LLP's Submission of Itemized Time & Expenses by Red Hat Plaintiff Group re 245 Order. (Attachments: # 1 Exhibit A - Webb Statement, # 2 Exhibit B - Milberg Statements, # 3 Exhibit C - Saxena White Statements) (Webb, William) (Entered: 05/02/2011)

05/02/2011 247 NOTICE by Charles Gilbert Notice of Filing (Attachments: # 1 Exhibit Lodestar, # 2 Exhibit Expenses) (Reise, Jack) (Entered: 05/02/2011)

05/10/2011 248 NOTICE of Appearance by Robert T. Numbers, II on behalf of Red Hat, Inc., Matthew J. Szulik, Kevin B. Thompson. (Numbers, Robert) (Entered: 05/10/2011)

06/03/2011 249 NOTICE by Charles Gilbert (Attachments: # 1 Lead Counsel Time Records, # 2 Lead Counsel Expenses, # 3 Liaison Counsel Time and Expenses) (Reise, Jack) (Entered: 06/03/2011)

09/22/2011 250 ORDER granting in part and denying in part 226 Motion to Participate in Fee and Expense Application by Plaintiffs' Lead Counsel and denying 240 Motion to Strike. Signed by Magistrate Judge David W. Daniel on 9/22/2011. (Marsh, K) (Entered: 09/22/2011)

10/06/2011 251 RESPONSE to Order re 250 Order on Motion for Miscellaneous Relief, Order on Motion to Strike Objection by Milberg LLP, Saxena White P.A. and The Edmisten & Webb Law Firm to Magistrate Judge's Fee Allocation Order filed by Red Hat Plaintiff Group. (Webb, William) (Entered: 10/06/2011)

10/13/2011 252 NOTICE by Red Hat Plaintiff Group re 251 Response, OF WITHDRAWAL OF OBJECTION BY MILBERG LLP, SAXENA WHITE P.A., AND EDMISTEN FIRM TO MAGISTRATE JUDGES FEE ALLOCATION ORDER. (Webb, William) (Entered: 10/13/2011)

10/14/2011 253 MOTION for Disbursement of Funds LEAD PLAINTIFFS UNOPPOSED MOTION FOR ORDER AUTHORIZING DISBURSEMENT OF ATTORNEYS FEES AND EXPENSES by Charles Gilbert. (Attachments: # 1 Proposed Order) (McDaniel, L.) (Entered: 10/14/2011)

10/17/2011 Motion Submitted to Senior US District Judge W. Earl Britt's chambers: 253 MOTION for Disbursement of Funds LEAD PLAINTIFFS UNOPPOSED MOTION FOR ORDER AUTHORIZING DISBURSEMENT OF ATTORNEYS FEES AND EXPENSES . (Marsh, K) (Entered: 10/17/2011)

10/19/2011 254 ORDER granting 253 Motion for Disbursement of Funds. Signed by Senior Judge W. Earl Britt on 10/19/2011. (Marsh, K) (Entered: 10/19/2011)

11/18/2011 255 MOTION for Disbursement of Funds of Class Settlement by Charles Gilbert.

(Attachments: # 1 Text of Proposed Order) (McDaniel, L.) (Entered: 11/18/2011)

11/23/2011 Motion Submitted to Senior US District Judge W. Earl Britt's chambers: 255 MOTION for Disbursement of Funds of Class Settlement . (Marsh, K) (Entered: 11/23/2011)

11/28/2011 256 MOTION for Disbursement of Funds of Class Settlement by Charles Gilbert. (Attachments: # 1 Exhibit 1 - RSM McGladrey Affidavit Part 1, # 2 Exhibit 1 - RSM McGladrey Affidavit Part 2, # 3 Exhibit 1 - RSM McGladrey Affidavit Part 3, # 4 Exhibit 1 - RSM McGladrey Affidavit Part 4, # 5 Exhibit 1 - RSM McGladrey Affidavit Part 5, # 6 Exhibit 1 - RSM McGladrey Affidavit Part 6, # 7 Exhibit 1 - RSM McGladrey Affidavit Part 7, # 8 Exhibit 1 - RSM McGladrey Affidavit Part 8, # 9 Exhibit 1 - RSM McGladrey Affidavit Part 9, # 10 Exhibit 1 - RSM McGladrey Affidavit Part 10, # 11 Exhibit 1 - RSM McGladrey Affidavit Part 11, # 12 Exhibit 1 - RSM McGladrey Affidavit Part 12, # 13 Exhibit 2 - letter from RSM McGladrey, # 14 Text of Proposed Order) (McDaniel, L.) Modified on 11/29/2011 to correctly name the exhibits .(Marsh, K) (Entered: 11/28/2011)

01/11/2012 257 NOTICE of Hearing on 256 MOTION for Disbursement of Funds of Class Settlement : Motion Hearing set for 2/7/2012 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Marsh, K) (Entered: 01/11/2012)

01/24/2012 258 CORRECTED NOTICE of Hearing on Motion 256 MOTION for Disbursement of Funds of Class Settlement : Motion Hearing set for 2/7/2012 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Marsh, K) (Entered: 01/24/2012)

02/01/2012 259 AMENDED NOTICE of Hearing on 256 MOTION for Disbursement of Funds of Class Settlement : Motion Hearing reset for Monday 2/6/2012 at 3:00 PM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Marsh, K) (Entered: 02/01/2012)

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