u.s. district court middle district of tennessee...

US District Court Civil Docket as of 06/24/2004 Retrieved from the court on Friday, July 08, 2005

U.S. District Court

Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:00-cv-00279

Kelly, et al v. VisionAmerica, Inc., et al Assigned to: District Judge Todd J. Campbell Demand: $0 Lead case: 3:00-cv-00279 Member cases: 3:00-cv-00293 3:00-cv-00371 3:00-cv-00479 3:00-cv-00506 Case in other court: related, 3:00-cv-00293 related, 3:00-cv-00371Cause: 15:78m(a) Securities Exchange Act

Date Filed: 03/29/2000 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff John Kelly, Jr. on behalf of himself and all others similarly situated

represented by Curtis L. Bowman Cauley, Geller, Bowman & Coates, LLP P O Box 25438 Little Rock, AR 72221-5438 (501) 312-8500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas S. Johnston, Jr. Barrett, Johnston & Parsley 217 Second Avenue, N Nashville, TN 37201 (615) 244-2202 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Katherine Blanck Radsan Milberg, Weiss, Bershad, Hynes & Lerach, LLP 1100 Connecticut Avenue, NW Suite 730 Washington, DC 20036 TERMINATED: 12/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marshall N. Perkins Law Offices of Charles J. Piven, P.A. World Trade Center 401 E Pratt Street Suite 2525 Baltimore, MD 21202 (410) 332-0030 LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott E. Poynter Cauley, Geller, Bowman & Coates, LLP P O Box 25438 Little Rock, AR 72221-5438 (501) 312-8500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley M. Chernau Chernau, Chaffin & Burnsed, PLLC SunTrust Center 424 Church Street Suite 1750 Nashville, TN 37219 (615) 244-5480 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven E. Cauley Cauley, Geller, Bowman & Coates, LLP P O Box 25438 Little Rock, AR 72221-5438 (501) 312-8500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven A. Owings Cauley, Geller, Bowman & Coates, LLP P O Box 25438 Little Rock, AR 72221-5438 (501) 312-8500 LEAD ATTORNEY ATTORNEY TO BE NOTICED William S. Lerach Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 401 B Street

Suite 1600 San Diego, CA 92101 (619) 231-1058 LEAD ATTORNEY ATTORNEY TO BE NOTICED Amber L. Eck Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 401 B Street Suite 1600 San Diego, CA 92101 (619) 231-1058 Charles J. Piven Law Offices of Charles J. Piven, P.A. World Trade Center 401 E Pratt Street Suite 2525 Baltimore, MD 21202 (410) 332-0030 Darren J. Robbins Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 401 B Street Suite 1600 San Diego, CA 92101 (619) 231-1058 George Edward Barrett Barrett, Johnston & Parsley 217 Second Avenue, N Nashville, TN 37201 (615) 244-2202 Email: [email protected] James Allen Carney, Jr. Cauley, Geller, Bowman & Coates, LLP P O Box 25438 Little Rock, AR 72221-5438 (501) 312-8500 Jeffrey D. Light Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 401 B Street Suite 1600 San Diego, CA 92101 (619) 231-1058

Linda F. Burnsed Chernau, Chaffin & Burnsed, PLLC SunTrust Center 424 Church Street Suite 1750 Nashville, TN 37219 (615) 244-5480 Email: [email protected] Randall H. Steinmeyer Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 401 B Street Suite 1600 San Diego, CA 92101 (619) 231-1058 W. Todd VerWeire Cauley, Geller, Bowman & Coates, LLP P O Box 25438 Little Rock, AR 72221-5438 (501) 312-8500

Plaintiff

David Wurm represented by Curtis L. Bowman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith Wolf, Haldenstein, Adler, Freeman & Herz LLP 270 Madison Avenue New York, NY 10016 (212) 545-4600 LEAD ATTORNEY ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven A. Owings (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles J. Piven (See above for address) James Allen Carney, Jr. (See above for address) W. Todd VerWeire (See above for address)

Plaintiff

Tammy Wurm represented by Curtis L. Bowman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven A. Owings (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven (See above for address) James Allen Carney, Jr. (See above for address) W. Todd VerWeire (See above for address)

Plaintiff

Guenter Schmidt represented by Curtis L. Bowman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven A. Owings (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven (See above for address) James Allen Carney, Jr. (See above for address) W. Todd VerWeire (See above for address)

Plaintiff

Stanley Kantanie TERMINATED: 02/24/2003

represented by Curtis L. Bowman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven (See above for address) James Allen Carney, Jr. (See above for address) W. Todd VerWeire (See above for address)

Plaintiff

Mary Kantanie represented by Curtis L. Bowman

TERMINATED: 12/10/2001 (See above for address) TERMINATED: 12/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith (See above for address) TERMINATED: 12/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) TERMINATED: 12/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven (See above for address) TERMINATED: 12/10/2001 James Allen Carney, Jr. (See above for address) W. Todd VerWeire (See above for address) TERMINATED: 12/10/2001

Plaintiff

Jonathan Preiser TERMINATED: 02/24/2003

represented by Curtis L. Bowman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven (See above for address) James Allen Carney, Jr. (See above for address)

W. Todd VerWeire (See above for address)

Plaintiff

Debbie Preiser TERMINATED: 12/10/2001

represented by Curtis L. Bowman (See above for address) TERMINATED: 12/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith (See above for address) TERMINATED: 12/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) TERMINATED: 12/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven (See above for address) TERMINATED: 12/10/2001 James Allen Carney, Jr. (See above for address) W. Todd VerWeire (See above for address) TERMINATED: 12/10/2001

Plaintiff

Patrick Howell represented by Curtis L. Bowman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Fred Taylor Isquith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marshall N. Perkins (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Steven A. Owings (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J. Piven (See above for address) James Allen Carney, Jr. (See above for address) W. Todd VerWeire (See above for address)

V.

Defendant

VisionAmerica, Inc. represented by George Tolbert Lewis, III Baker, Donelson, Bearman, Caldwell & Berkowitz, PC First Tennessee Building 165 Madison Avenue Suite 2000 Memphis, TN 38103 (901) 526-2000 TERMINATED: 11/16/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary C. Gill Alston & Bird One Atlantic Center 1201 W Peachtree Street Atlanta, GA 30309-3424 (404) 881-7000 TERMINATED: 02/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott B. Schreiber Arnold & Porter 555 12th Street, NW Washington, DC 20004-1202 (202) 942-5000 TERMINATED: 11/29/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna K. Norman Arnold & Porter 555 12th Street, NW Washington, DC 20004-1202 (202) 942-5000 TERMINATED: 11/29/2001 Peter Q. Bassett Alston & Bird One Atlantic Center 1201 W Peachtree Street Atlanta, GA 30309-3424 (404) 881-7000 Email: [email protected] TERMINATED: 02/21/2001

Defendant

Ronald L. Edmonds represented by George Tolbert Lewis, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John G. Despriet Smith, Gambrell & Russell, LLP Promenade II 1230 Peachtree Street, NE Suite 3100 Atlanta, GA 30309-3592 (404) 815-3500 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Thomas P. Lewis represented by Bryan E. Larson Bass, Berry & Sims 315 Deaderick Street Suite 2700 Nashville, TN 37238-0002 (615) 742-6200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED George Tolbert Lewis, III (See above for address) TERMINATED: 01/17/2001 LEAD ATTORNEY

ATTORNEY TO BE NOTICED John G. Despriet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary C. Gill (See above for address) TERMINATED: 02/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Timothy R. McCormick Thompson & Knight 1700 Pacific Avenue Suite 3300 Dallas, TX 75201 (214) 969-1700 LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Q. Bassett (See above for address) TERMINATED: 02/21/2001 William Katz Thompson & Knight 1700 Pacific Avenue Suite 3300 Dallas, TX 75201 (214) 969-1700

Defendant

Andrew Miller TERMINATED: 02/22/2001

represented by George Tolbert Lewis, III (See above for address) TERMINATED: 02/22/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott B. Schreiber (See above for address) TERMINATED: 02/22/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Donna K. Norman (See above for address) TERMINATED: 02/22/2001

Defendant

KPMG Peat Marwick represented by Gary F. Bendinger Bendinger, Crockett, Peterson & Casey, P.C. Wells Fargo Plaza 170 S Main Suite 400 Salt Lake City, UT 84101-3636 (801) 533-8383 LEAD ATTORNEY ATTORNEY TO BE NOTICED John H. Bogart Bendinger, Crockett, Peterson & Casey, P.C. Wells Fargo Plaza 170 S Main Suite 400 Salt Lake City, UT 84101-3636 (801) 533-8383 LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Savage Davidson Stokes, Bartholomew, Evans & Petree Third National Financial Center 424 Church Street Suite 2800 Nashville, TN 37219-0058 (615) 259-1450 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Evelyn J. Furse Bendinger, Crockett, Peterson & Casey, P.C. Wells Fargo Plaza 170 S Main Suite 400 Salt Lake City, UT 84101-3636 (801) 533-8383 Wesley D. Felix Bendinger, Crockett, Peterson & Casey, P.C. Wells Fargo Plaza 170 S Main Suite 400

Salt Lake City, UT 84101-3636 (801) 533-8383

Date Filed # Docket Text

03/29/2000 1 COMPLAINT w/ att'd consent form of pltf (Summons(es) issued) Filing fee paid in the amount of : $150 Receipt # 73364 (af) (Entered: 03/30/2000)

03/29/2000 2 NOTICE of Initial Case Management Conference Case referred to Magistrate Judge Juliet E. Griffin , ; Case Management Conference set for 11:00 5/8/00 (af) (Entered: 03/30/2000)

04/06/2000 3 RETURN OF SERVICE executed upon deft VisionAmerica, Inc. on 3/31/00 by certified mail. (jb) (Entered: 04/06/2000)

04/06/2000 4 RETURN OF SERVICE executed upon deft Thomas P. Lewis on 3/31/00 by certified mail. (jb) (Entered: 04/06/2000)

04/11/2000 5 RETURN OF SERVICE executed upon deft Ronald L. Edmonds on 4/3/00 by certified mail. (jb) (Entered: 04/11/2000)

04/21/2000 6 WAIVER OF SERVICE mailed upon deft Thomas P. Lewis and received on 4/17/00; response is due w/in 60 days after 3/29/00 (tlc) (Entered: 04/24/2000)

04/21/2000 7 WAIVER OF SERVICE mailed upon deft VisionAmerica, Inc. through Thomas P. Lewis - received on 4/17/00; response is due w/in 60 days of 3/29/00 (tlc) (Entered: 04/24/2000)

05/03/2000 PROPOSED Agreed Order to reset the ICMC (jb) (Entered: 05/04/2000)

05/04/2000 8 AGREED ORDER by Magistrate Judge Juliet E. Griffin; Initial Case Management Conference set for 2:00 6/26/00 (cc: all counsel) (EOD 5/5/00) (jb) (Entered: 05/05/2000)

05/22/2000 9 ORDER by Judge John T. Nixon; Case reassigned to Judge Todd J. Campbell (cc: all counsel) (EOD 5/23/00) (jb) (Entered: 05/23/2000)

05/24/2000 10 ORDER by Judge Todd J. Campbell; Case referred to Magistrate Judge Juliet E. Griffin for customized case management ; stay of discovery is vacated (cc: all counsel) (EDO 5/25/00) (tlc) (Entered: 05/25/2000)

05/24/2000 11 CERTIFICATE of Good Standing filed by defts Thomas P. Lewis & VisionAmerica, Inc. for Mary C. Gill from the USDC ND/GA. (dlt) (Entered: 05/25/2000)

05/24/2000 12 CERTIFICATE of Good Standing filed by defts VisionAmerica, Inc. and Thomas P. Lewis for Peter Quirk Bassett from the USDC ND/GA. (dlt) (Entered: 05/25/2000)

05/26/2000 PROPOSED Stipulation and Order of Consolidation (jb) (Entered: 05/30/2000)

05/26/2000 13 MOTION by pltf for order for David & Tammy Wurm, Guenter Schmidt, Stanley & Mary Kantanie, Jonathan & Debbie Preiser & Patrick B. Howell to become lead

pltf & for order to approve their choice of Cauley & Geller, LLP & Milberg Weiss Bershad Hynes & Lerach LLP as co-lead counsel & Barrett, Johnston & Parsley & Chernau, Chaffin, & Burnsed as liaison counsel (w/attached proposed order) (jb) (Entered: 05/30/2000)

05/26/2000 14 MEMORANDUM OF LAW by pltf in support of motion for order for David & Tammy Wurm, Guenter Schmidt, Stanley & Mary Kantanie, Jonathan & Debbie Preiser & Patrick B. Howell to become pltf [13-1] & for order to approve their choice of Cauley & Geller, LLP & Milberg Weiss Bershad Hynes & Lerach LLP as co-lead counsel & Barrett, Johnston & Parsley & Chernau, Chaffin, & Burnsed as liaison counsel [13-2] (w/attached exhs. 1-7) (jb) (Entered: 05/30/2000)

06/12/2000 15 RESPONSE by defts to motion for order for David & Tammy Wurm, Guenter Schmidt, Stanley & Mary Kantanie, Jonathan & Debbie Preiser & Patrick B. Howell to become lead pltf [13-1], & for order to approve their choice of Cauley & Geller, LLP & Milberg Weiss Bershad Hynes & Lerach LLP as co-lead counsel & Barrett, Johnston & Parsley & Chernau, Chaffin, & Burnsed as liaison counsel [13-2] (jb) (Entered: 06/12/2000)

06/23/2000 16 NOTICE by pltf's attorneys (Cauley, Poynter, and Cothern) of change of address and firm name to Cauley & Geller, LLP, 11311 Arcade Drive, Suite 201, Little Rock, AR 72212; see order for FL branch (xc: af) (tlc) (Entered: 06/23/2000)

06/23/2000 17 STIPULATION and ORDER by Magistrate Judge Juliet E. Griffin; Lead Case consolidated 3:00-cv-279 with member cases 3:00-0293, 3:00-0371; 3:00-cv-479, & 3:00-cv-506 ; The case shall be styled In re VisionAmerica, Inc. Securities Litigation. All other cases filed in this district which contain similar issues of law & fact shall be consolidated under the same caption; Lead pltfs' counsel shall file & serve a consolidated amended complaint or designate one of the complaints then on file & consolidated with these actions as the "Consolidated Amended Complaint" within 60 days after the Court serves upon counsel an order appointing Lead Pltfs & Counsel. Defts shall have 45 days from the date of service of the Consolidated Amended Complaint to answer. (cc: all counsel) (EOD 6/26/00) (jb) (Entered: 06/26/2000)

06/23/2000 18 ORDER by Magistrate Judge Juliet E. Griffin granting motion for order for David & Tammy Wurm, Guenter Schmidt, Stanley & Mary Kantanie, Jonathan & Debbie Preiser & Patrick B. Howell to become lead pltf [13-1], & motion for order to approve their choice of Cauley & Geller, LLP & Milberg Weiss Bershad Hynes & Lerach LLP as co-lead counsel & Barrett, Johnston & Parsley & Chernau, Chaffin, & Burnsed as liaison counsel [13-2] (cc: all counsel) (EOD 6/26/00) (jb) (Entered: 06/26/2000)

06/23/2000 19 ORDER by Magistrate Judge Juliet E. Griffin; Pltfs' motion for appointment of lead pltf & lead and liaison counsel [13-1] is granted; By 6/30/00 the ptys shall submit an agreed order, setting forth date specific ddls for filing a consolidated amended complaint, motion to dismiss, & briefing of any such motion to dismiss. Initial Case Management Conference is cancelled. (cc: all counsel) (EOD 6/26/00) (jb) (Entered: 06/26/2000)

06/28/2000 20 MOTION by pltf for attorneys Katherine L. Blanck and Amber L. Eck to appear pro hac vice (att'd certificates of good standing) (bj) (Entered: 06/29/2000)

06/28/2000 21 CERTIFICATE of Good Standing filed from the State Bar of CA for Katherine L. Blanck, atty for pltf. (bj) (Entered: 06/29/2000)

06/28/2000 22 CERTIFICATE of Good Standing filed from the State Bar of CA for Amber L. Eck, atty for pltf. (bj) (Entered: 06/29/2000)

06/28/2000 23 MOTION by pltf for attorney Steven E. Cauley to appear pro hac vice (att'd certificate of good standing) (bj) (Entered: 06/29/2000)

06/28/2000 24 CERTIFICATE of Good Standing filed from the Supreme Court of Arkansas for Steven E. Cauley, atty for pltf. (bj) (Entered: 06/29/2000)

06/30/2000 PROPOSED Agreed Order to extend ddls. (jb) (Entered: 07/03/2000)

07/03/2000 25 MOTION by pltf John Kelly Jr. for attorney Charles J. Piven to appear pro hac vice (w/attached copy of certificate of good stand from USDC/Dist. of Maryland) (jb) (Entered: 07/03/2000)

07/03/2000 26 NOTICE by pltf John Kelly Jr. of filing certificate of good standing for Charles J. Piven (w/attached copy of certificate of good standing from USDC/Dist. of Maryland) (jb) (Entered: 07/05/2000)

07/03/2000 27 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorneys Katherine L. Blanck and Amber L. Eck appear pro hac vice [20-1] by pltf John Kelly Jr, provided that Ms. Blanck & Ms. Eck shall file certificates of good standing signed by the Clerk of a USDC to which they are admitted. (cc: all counsel) (EOD 7/5/00) (jb) Modified on 07/05/2000 (Entered: 07/05/2000)

07/03/2000 28 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney Steven E. Cauley to appear pro hac vice [23-1] by pltf John Kelly Jr., provided that within 20 days of entry of this order, Mr. Cauley shall file a certificate of good standing signed by the Clerk of a USDC to which he is admitted. (cc: all counsel) (EOD 7/5/00) (jb) (Entered: 07/05/2000)

07/03/2000 29 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney Charles J. Piven to appear pro hac vice [25-1] by pltf John Kelly Jr., provided that within 15 days of entry of this order, Mr. Piven shall file an original certificate of good standing. The Clerk shall enter Mr. Piven as counsel for the pltfs. (cc: all counsel) (EOD 7/5/00) (jb) (Entered: 07/05/2000)

07/03/2000 30 AGREED ORDER by Magistrate Judge Juliet E. Griffin; Lead pltfs shall file & serve a consolidated amended complaint by 8/25/00; Defts shall answer or otherwise respond by 10/9/00; Should defts move to dismiss, pltfs shall have until 11/21/00 to file a response thereto. The provisions of this Order shall supercede the briefing schedule on these matters set forth in the stipulation & order of consolidation entered by the Court on 6/26/00 [17-1]. (cc: all counsel) (EOD 7/5/00) (jb) (Entered: 07/05/2000)

07/06/2000 31 CERTIFICATE of Good Standing filed by pltf John Kelly Jr. of Charles J. Piven from the USDC/District of Maryland (jb) (Entered: 07/07/2000)

07/10/2000 32 NOTICE by pltf John Kelly Jr. of filing of the original certificates of good standing for Katherine L. Blanck & Amber L. Eck from USDC/SD/CA (w/attached certificates of good standings) (jb) (Entered: 07/11/2000)

07/10/2000 33 CERTIFICATE of Good Standing filed by pltf John Kelly Jr. of Katherine L. Blanck from the USDC/SD/CA (jb) (Entered: 07/11/2000)

07/10/2000 34 CERTIFICATE of Good Standing filed by pltf John Kelly Jr. of Amber L. Eck from the USDC/SD/CA (jb) (Entered: 07/11/2000)

07/11/2000 35 MOTION filed by Guenter Schmidt for reconsideration of Court's Orders of 6/26/00 as related to the appointment of lead counsel (w/attached proposed order) (jb) (Entered: 07/11/2000)

07/11/2000 36 MEMORANDUM OF LAW filed by Guenter Schmidt in support of motion for reconsideration of Court's Orders of 6/26/00 as related to the appointment of lead counsel [35-1] (w/attached exh. A) (jb) (Entered: 07/11/2000)

07/17/2000 37 INITIAL RESPONSE by lead pltfs' and lead and liaison counsel to Guenter Schmidt's motion for reconsideration of Court's Orders of 6/26/00 as related to the appointment of lead counsel [35-1] (jb) (Entered: 07/18/2000)

07/17/2000 38 NOTICE by pltfs of filing of the original certificate of good standing for Steven E. Cauley from the USDC/ED/WD/AR. (w/attached certificate of good standing) (jb) (Entered: 07/18/2000)

07/17/2000 39 CERTIFICATE of Good Standing filed by pltfs of Steven E. Cauley from USDC/ED/WD/AR. (jb) (Entered: 07/18/2000)

07/21/2000 40 MOTION by pltf John Kelly Jr. for attorney Marshall N. Perkins to appear pro hac vice. (w/ attached certificate of good standing) (dlt) (Entered: 07/24/2000)

07/21/2000 41 CERTIFICATE of Good Standing filed by pltf John Kelly Jr. by Marshall N. Perkins. (dlt) (Entered: 07/24/2000)

07/28/2000 42 RESPONSE by lead pltfs and liaison counsel in opposition to Guenter Schmidt's motion for reconsideration of Court's Orders of 6/26/00 as related to the appointment of lead counsel (jb) Modified on 07/31/2000 (Entered: 07/31/2000)

07/28/2000 43 AFFIDAVIT of Darren J. Robbins in support of response in opposition to motion for reconsideration [42-1] (jb) (Entered: 07/31/2000)

07/28/2000 44 DECLARATION by lead pltfs' & lead & liaison counsel of George E. Barrett in support of response in opposition to motion for reconsideration [42-1] (jb) (Entered: 07/31/2000)

07/28/2000 45 DECLARATION by lead pltfs & lead & liaison counsel of Steven E. Cauley in support of response in opposition to motion to reconsider [42-1] (w/attached exhs. A & B) (jb) (Entered: 07/31/2000)

07/28/2000 46 DECLARATION by lead pltfs & lead & liaison counsel of Paul J. Geller in support of response in opposition to motion to reconsider [42-1] (w/attached exhs. A & B) (jb) (Entered: 07/31/2000)

07/31/2000 47 NOTICE by lead pltfs of filing exhs. C & D to the Declaration of Paul J. Geller filed in support of response in opposition to motion for reconsideration (w/attached exhs. C & D) (jb) (Entered: 08/01/2000)

07/31/2000 48 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney

Marshall N. Perkins to appear pro hac vice. [40-1] by pltf John Kelly Jr. (cc: all counsel) (EOD 8/1/00) (jb) (Entered: 08/01/2000)

08/09/2000 49 MOTION by lead pltfs and lead and liaison counsel to strike "Letter Brief" submitted by Charles J. Piven dated 8/2/00 (jb) (Entered: 08/09/2000)

08/11/2000 50 REPLY by pltf Guenter Schmidt to response to motion for reconsideration of Court's Orders of 6/26/00 as related to the appointment of lead counsel [35-1] and request for sanctions (w/attached exhs. A-D) (jb) (Entered: 08/11/2000)

08/17/2000 51 MOTION by lead pltfs' and lead and liaison counsel to strike Guenter Schmidt's reply to lead pltfs' and lead and liaison counsel's response in opposition to Guenter Schmidt's motion for reconsideration of Court's Orders of 6/26/00 (jb) (Entered: 08/18/2000)

08/17/2000 52 MEMORANDUM OF LAW by lead pltfs' and lead and liaison counsel in support of motion to strike Guenter Schmidt's reply to lead pltfs' and lead and liaison counsel's response in opposition to Guenter Schmidt's for reconsideration of Court's Orders of 6/26/00 [51-1] (jb) (Entered: 08/18/2000)

08/24/2000 53 NOTICE by pltf Patrick Howell of withdrawal as lead pltf (w/attached declaration) (jb) (Entered: 08/24/2000)

08/24/2000 54 DECLARATION by pltf Patrick Howell in support of notice of withdrawal as lead pltf [53-1] (jb) (Entered: 08/24/2000)

08/24/2000 55 RESPONSE by pltf Guenter Schmidt to motion to strike Guenter Schmidt's reply to lead pltfs' and lead and liaison counsel's response in opposition to Guenter Schmidt's motion for reconsideration of Court's Orders of 6/26/00 [51-1] (w/attached proposed order & exh. A) (jb) (Entered: 08/24/2000)

08/25/2000 56 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT [1-1] by pltfs for violation of the Securities Exchange Act of 1934; adding Andrew Miller; jury demand (jb) (Entered: 08/28/2000)

08/25/2000 57 SUMMONS issued as to deft Andrew Miller (jb) (Entered: 08/28/2000)

08/31/2000 58 RETURN OF SERVICE executed upon deft Andrew Miller on 8/28/00 by certified mail. (jb) (Entered: 08/31/2000)

09/11/2000 59 MOTION by lead pltfs and lead and liaison counsel for leave to file supplemental brief in further response to Guenter Schmidt's motion for reconsideration (w/attached original supplemental brief & affidavit in support) (jb) (Entered: 09/11/2000)

10/06/2000 60 MOTION by defts to dismiss pltfs' consolidated amended class action complaint (jb) Modified on 10/10/2000 (Entered: 10/10/2000)

10/06/2000 61 MEMORANDUM OF LAW by defts in support of motion to dismiss pltfs' consolidated amended class action complaint [60-1] (jb) (Entered: 10/10/2000)

10/06/2000 62 APPENDIX filed by defts to defts' motion to dismiss pltfs' consolidated amended class action complaint [60-1] (w/attachments A, B, 1-19, C, 1-15) (jb) (Entered: 10/10/2000)

10/06/2000 63 MOTION by defts for oral argument on the defts' motion to dismiss pltfs' consolidated amended class action complaint (jb) (Entered: 10/10/2000)

10/19/2000 64 JOINT NOTICE by pltfs of withdrawal of Guenter Schmidt's previously filed motion for resconsideration and withdrawal of request for non-monetary sanctions (jb) (Entered: 10/20/2000)

11/22/2000 65 MEMORANDUM OF LAW IN OPPOSITION by pltfs to defts' motion to dismiss pltfs' consolidated amended class action complaint [60-1] (w/attached declaration of service by mail) (jb) Modified on 11/27/2000 (Entered: 11/27/2000)

11/22/2000 66 APPENDIX filed by pltfs of non-published authorities in support of pltfs' memorandum of law in opposition to defts' motion to dismiss pltfs' consolidated amended class action complaint [65-1] (w/attachments 1-15) (jb) (Entered: 11/27/2000)

12/11/2000 67 CONSENT ORDER by Magistrate Judge Juliet E. Griffin; Defts shall have until 1/5/01 to file a reply in support of their motion to dismiss pltfs' amended consolidated class action complaint [60-1] (cc: all counsel) (EOD 12/11/00) (jb) (Entered: 12/11/2000)

12/11/2000 68 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference set for 1:00 12/29/00 to be initiated by pltfs' counsel; The motion of lead pltfs and lead and liaison counsel to strike "Letter Brief" submitted by Charles J. Piven dated 8/2/00 [49-1] is granted to the extent that the letter referred to has never been made part of the record in this case & has not been docketed or file stamped. The issue about which a reply was sought is now moot as a result of the notice of withdrawal [64-1]. The motion of lead pltfs and lead and liaison counsel to strike Guenter Schmidt's reply to lead pltfs' and lead and liaison counsel's response in opposition to Guenter Schmidt's motion for reconsideration of Court's Orders of 6/26/00 [51-1] is denied as moot. The motion by lead pltfs and lead and liaison counsel for leave to file supplemental brief in further response to Guenter Schmidt's motion for reconsideration [59-1] is denied as moot. The Clerk is directed to forward the file in this case to the Hon. Todd J. Campbell for his consideration of the defts' motion to dismiss and accompanying filings re [60-1] along with the defts' request for oral argument re [63-1]. (cc: all counsel) (EOD 12/11/00) (jb) (Entered: 12/11/2000)

12/21/2000 69 ORDER by Magistrate Judge Juliet E. Griffin: Telephone status conference reset for 12:00 on 1/5/01. EOD 12/22/00 (cc: all counsel) (gi) (Entered: 12/22/2000)

01/02/2001 70 MOTION by defts VisionAmerica, Inc. & Andrew Miller for attorney Scott B. Schreiber to appear pro hac vice & for attorney Donna K. Norman to appear pro hac vice (w/attached certificates of good standing) (jb) (Entered: 01/03/2001)

01/02/2001 71 CERTIFICATE of Good Standing filed by defts VisionAmerica, Inc. & Andrew Miller for Scott B. Schreiber from USDC/DC (jb) (Entered: 01/03/2001)

01/02/2001 72 CERTIFICATE of Good Standing filed by defts VisionAmerica, Inc. & Andrew Miller for Donna K. Norman from USDC/DC (jb) (Entered: 01/03/2001)

01/05/2001 PROPOSED Consent Order to reschedule the status conference set for 1/5/01. (w/attached declaration of service) (jb) (Entered: 01/05/2001)

01/05/2001 73 DECLARATION by pltfs & defts of service by mail by Christina Crinella of the

consent order to reschedule status conference (jb) (Entered: 01/05/2001)

01/05/2001 74 REPLY by defts to response to motion to dismiss pltfs' consolidated amended class action complaint [60-1] (w/attached exhs. A-B) (jb) (Entered: 01/05/2001)

01/08/2001 75 CONSENT ORDER by Magistrate Judge Juliet E. Griffin; The Reply Memorandum in support of defts' motion to dismiss pltfs' amended consolidated class action complaint [60-1] may contain up to 30 pages, excluding exhs., attachments, and table of contents. (cc: all counsel) (EOD 1/8/01) (jb) (Entered: 01/08/2001)

01/08/2001 76 CONSENT ORDER by Magistrate Judge Juliet E. Griffin; Scheduling Conference set for 4:00 1/16/01 to be initiated by pltfs' counsel (cc: all counsel) (EOD 1/8/01) (jb) (Entered: 01/08/2001)

01/10/2001 77 ORDER by Judge Todd J. Campbell granting motion for attorneys Scott B. Schreiber & Donna K. Norman to appear pro hac vice [70-1] [70-2] for defts VisionAmerica, Inc., & Andrew Miller (cc: all counsel) (EOD 1/10/01) (jb) (Entered: 01/10/2001)

01/11/2001 78 ORDER by Judge Todd J. Campbell granting motion for oral argument on the defts' motion to dismiss pltfs' consolidated amended class action complaint [63-1]. Oral Argument hearing set for 1:00 p.m. on 1/25/01 . EOD 1/11/01 (cc: all counsel) (dlt) (Entered: 01/11/2001)

01/16/2001 79 MOTION by deft Thomas P. Lewis for leave to withdraw attorney George T. Lewis, III and the law firm Baker, Donelson, Bearman and Caldwell as counsel of record (jb) (Entered: 01/17/2001)

01/17/2001 80 ORDER by Judge Todd J. Campbell granting motion for leave to withdraw attorney George T. Lewis, III and the law firm Baker, Donelson, Bearman and Caldwell as counsel of record [79-1] for Thomas P. Lewis. George T. Lewis, III and Baker, Donelson, Bearman and Caldwell remain local counsel of record for VisionAmerica, Inc. and Andrew W. Miller. (cc: all counsel) (EOD 1/17/01) (jb) (Entered: 01/17/2001)

01/18/2001 81 JOINT MOTION by pltfs & defts for continuance of hearing (w/attached proposed order) (jb) (Entered: 01/19/2001)

01/19/2001 PROPOSED Order to reschedule the hearing on defts' motion to dismiss (jb) (Entered: 01/22/2001)

01/22/2001 82 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 1/16/01 ; The Clerk is directed to send this order to the Hon. Todd J. Campbell to schedule a trial date, in accord with the order entered 5/25/00 (Docket Entry No. 10), no earlier than 9/4/02, and/or in light of the tentative scheduling ddls set forth in this Order. Pltfs' counsel shall call the office of the undersigned within 5 days of the resolution of the pending motions to dismiss, whether granted or denied. Further proceedings will be scheduled at that time to address, inter alia, scheduling firm ddls for the progression of this case. (cc: all counsel) (EOD 1/22/01) (jb) (Entered: 01/22/2001)

01/22/2001 83 ORDER by Judge Todd J. Campbell granting motion for continuance of hearing [81-1]; Hearing on motion to dismiss pltfs' consolidated amended class action

complaint [60-1] is reset for 1:00 2/22/01. (cc: all counsel) (EOD 1/22/01) (jb) (Entered: 01/22/2001)

01/24/2001 84 ORDER by Judge Todd J. Campbell; Jury Trial set for 9:00 9/17/02; Joint Proposed Pretrial Order ddl 9/3/02; Pretrial Conference set 10:00 9/9/02 (cc: all counsel) (EOD 1/24/01) (jb) (Entered: 01/24/2001)

02/21/2001 85 NOTICE (Letter) by counsel for defts VisionAmerica, Inc., Thomas P. Lewis, & Andrew Miller of filing copy of opinion in the case of In Re: SCB Computer Technology, Inc. Securities Litigation in support of their motion to dismiss (w/attached copy of opinion) (jb) (Entered: 02/21/2001)

02/21/2001 86 SUPPLEMENTAL MEMORANDUM by lead pltfs in support of claim to venue in the Middle District of Tennessee re Order [78-1] (w/attached exh. A) (jb) (Entered: 02/22/2001)

02/21/2001 87 DECLARATION of Steven E. Cauley by lead pltfs in support of supplemental memorandum [86-1] (jb) (Entered: 02/22/2001)

02/21/2001 PROPOSED Consent Order for substitution of counsel (Received in Magistrate Judge Griffin's Office on 2/21/01) (jb) (Entered: 02/22/2001)

02/21/2001 88 CONSENT ORDER by Magistrate Judge Juliet E. Griffin for substitution of counsel; withdrawing attorney Peter Q. Bassett and Mary C. Gill for defts Thomas P. Lewis, VisionAmerica, Inc., and Andrew W. Miller and substituting attorneys Scott Schreiber and Donna Norman for defts VisionAmerica Incorporated and Andrew W. Miller. Timothy R. McCormick is substituted as counsel of record for deft Thomas P. Lewis. (cc: all counsel) (EOD 2/22/01) (jb) (Entered: 02/22/2001)

02/21/2001 89 ORDER by Magistrate Judge Juliet E. Griffin: By contemporaneously entered order [88-1], the Court has approved the consent order for substitution of counsel submitted by counsel in this case. The Clerk is directed to terminate Mr. Bassett and Ms. Gill as counsel for defts VisionAmerica, Inc. and Thomas P. Lewis; enter Timothy R. McCormick as counsel for deft Thomas P. Lewis. Within 15 days of entry of this order, Mr. McCormick shall file a certificate of good standing. (cc: all counsel; Mr. Bassett, Ms. Gill, Mr. McCormick, & W. Shawn Murnahan, Alston & Bird, One Atlantic Center, 1201 West Peachtree St., Atlanta, GA 30309-3424; xc: af) (EOD 2/22/01) (jb) (Entered: 02/22/2001)

02/22/2001 90 ATTORNEY APPEARANCE for deft Thomas P. Lewis by Bryan E. Larson, Timothy R. McCormick & William Katz (jb) (Entered: 02/22/2001)

02/22/2001 91 CERTIFICATE of Good Standing filed by deft Thomas P. Lewis for Timothy R. McCormick from USDC/ND/TX (jb) (Entered: 02/22/2001)

02/22/2001 92 CERTIFICATE of Good Standing filed by deft Thomas P. Lewis for William M. Katz Jr from USDC/ND/TX (jb) (Entered: 02/22/2001)

02/22/2001 93 CLERK'S RESUME: Oral Argument held 2/22/01 ; Hearing held on defts' motion to dismiss pltfs' consolidated amended class action complaint. Order to enter. C/R: Jim Spence (jb) (Entered: 02/23/2001)

02/22/2001 94 ORDER by Judge Todd J. Campbell granting in part and denying in part defts' motion to dismiss pltfs' consolidated amended class action complaint [60-1]; Pltfs'

claims against deft Andrew Miller are dismissed. Terminating party Andrew Miller. Case referred Magistrate Judge Juliet E. Griffin for further customized case management. (cc: all counsel) (EOD 2/23/01) (jb) (Entered: 02/23/2001)

02/26/2001 95 TRANSCRIPT filed of proceedings - mtn hearing before Judge Campbell on 2/22/01. C/R: James A. Spence. (dlt) (Entered: 02/26/2001)

03/01/2001 96 ORDER by Magistrate Judge Juliet E. Griffin; Conference Call set for 4:00 3/22/01 to be initiated by counsel for the pltfs. (cc: all counsel) (EOD 3/1/01) (jb) (Entered: 03/01/2001)

03/22/2001 PROPOSED Case Management Order (jb) (Entered: 03/22/2001)

03/23/2001 97 MOTION by pltfs for leave to file second amended consolidated class action complaint ; w/attachment 1 - original second amended class action complaint - signed (tlc) (Entered: 03/26/2001)

03/23/2001 98 MEMORANDUM by pltfs in support of motion for leave to file second amended consolidated class action complaint [97-1] (tlc) (Entered: 03/26/2001)

03/26/2001 99 CASE MANAGEMENT ORDER by Magistrate Judge Juliet E. Griffin; Initial Case Management Conference held 3/22/01; Discovery ddl set for 4/1/02; Defts will file their answer by 3/26/01; Mediation will be conducted early in the discovery period. (cc: all counsel) (EOD 3/26/01) (jb) (Entered: 03/26/2001)

03/26/2001 100 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 3/22/01; Telephone Conference set for 2:00 4/23/02; Dispositive Motion filing ddl set for 5/1/02; All motions to amend the pleadings and/or to join ptys shall be filed by 11/5/01; Discovery ddl set for 4/1/02; All fact discovery shall be stayed as of 4/1/02, the ddl for completion of fact discovery. (cc: all counsel) (EOD 3/26/01) (jb) (Entered: 03/26/2001)

03/26/2001 101 ANSWER by deft VisionAmerica, Inc. to the consolidated amended complaint [56-1] [1-1]; jury demand (jb) (Entered: 03/27/2001)

03/26/2001 102 ANSWER by deft Thomas P. Lewis to the consolidated amended complaint [56-1] [1-1]; jury demand (jb) (Entered: 03/27/2001)

03/26/2001 103 ANSWER by deft Ronald L. Edmonds to the consolidated amended complaint [56-1] [1-1]; jury demand (jb) (Entered: 03/27/2001)

04/05/2001 104 NOTICE by deft VisionAmerica, Inc. of Bankruptcy petition in the USBC/WD/TN, Case No. 01-24615-B (jb) (Entered: 04/05/2001)

04/06/2001 105 JOINT OPPOSITION/RESPONSE by defts Ronald L. Edmonds, Thomas P. Lewis and Andrew Miller to pltf's motion for leave to file second amended consolidated class action complaint [97-1] (att'd exhibit 1) (bj) (Entered: 04/09/2001)

04/20/2001 106 SUBSTITUTED MOTION by pltf to file second amended consolidated class action complaint (w/attached exhs. 1-original second amended consolidated class action complaint) (jb) (Entered: 04/23/2001)

04/20/2001 107 REPLY BRIEF by pltf to response to motion for leave to file second amended consolidated class action complaint [97-1] (w/attached exhs. 1 & 2) (jb) (Entered: 04/23/2001)

04/20/2001 108 AFFIDAVIT of Steven E. Cauley in support of pltfs' reply brief in support of motion to amend [107-1] (jb) (Entered: 04/23/2001)

04/24/2001 109 ORDER by Magistrate Judge Juliet E. Griffin; Telephone conference held 4/23/01; Telephone conference set for 12:00 5/15/01 to be initiated by counsel for the pltfs; Written Discovery ddl is extended by 30 days; Ddl for the ptys to serve initial Rule 26(a)(1) disclosures is extended to 5/23/01; Ddl for the pltfs to file and serve their motion for class certification is extended to 6/1/01; As a result of the Bankruptcy filing, all proceedings herein against deft VisionAmerica are stayed pending further order; Pltfs' first motion for leave to file second amended consolidated class action complaint [97-1] is denied, Pltfs' substituted motion to file second amended class action complaint [106-1] is granted; Clerk is directed to extract exh. 1 to the pltfs' motion and to stamp file and docket the second amended consolidated class action complaint, received on 4/20/01, to issue the summons & send them to pltfs' counsel; Defts Edmonds and Lewis are relieved of their obligation to file an answer to the amended compalint until further order (cc: all counsel) (EOD 4/26/01) (jb) (Entered: 04/26/2001)

04/24/2001 110 SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT [56-1] [1-1] by pltfs; adding KPMG Peat Marwick; jury demand (jb) (Entered: 04/26/2001)

04/24/2001 111 SUMMONS issued as to deft KPMG Peat Marwick; To pltfs' counsel for service. (jb) (Entered: 04/26/2001)

04/30/2001 112 RETURN OF SERVICE executed upon deft Andrew Miller on 4/27/01 by personal service. (jb) (Entered: 05/01/2001)

05/14/2001 113 ATTORNEY APPEARANCE for deft KPMG Peat Marwick by Paul Savage Davidson (jb) (Entered: 05/15/2001)

05/18/2001 114 MOTION by deft KPMG Peat Marwick for attorney Gary F. Bendinger to appear pro hac vice , for attorney Wesley D. Felix to appear pro hac vice & for attorney Evelyn J. Furse to appear pro hac vice (w/attached certificates of good standing from the Utah State Bar) (jb) (Entered: 05/22/2001)

05/18/2001 115 NOTICE by deft KPMG Peat Marwick of filing certificates of good standing for Gary f. Bendinger, Wesley D. Felix and Evelyn J. Furse from the USDC/Utah (Certificates Not Attached) (jb) (Entered: 05/22/2001)

05/21/2001 REMARK: Phoned Paul S. Davidson, Esq., counsel for deft KPMG, re certificates of good standing which were not attached to notice [115-1]. Counsel will submit certificates of good standing. (jb) (Entered: 05/22/2001)

05/21/2001 116 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 5/15/01; By 7/15/01, the ptys shall participate in private mediation, the costs of which shall be shared equally by the pltfs & the defts; By 5/30/01, the ptys shall select a mediator; Deft KPMG is not required to participate in the mediation; Pltfs shall forward a settlement demand to deft KPMG; Representatives of any insurance carriers for the defts are required to attend and particiapte in such mediaion; Counsel shall submit a report to the Court by 6/5/01; Counsel for deft KPMG represented that it would file a motion to dismiss shortly; All discovery is stayed as it relates to the pltfs' claims against deft KPMG pending further order; On or before

5/25/01, the ptys shall submit an agreed order providing ddls for filing and briefing the anticipated motion to dismiss to be filed by deft KPMG; Orders [99-1] [109-1] are modified as follows: Ddl for the pltfs to file and serve their motion for class certification is extended to 8/1/01; Ddl for defts to propound written discovery is extended to August of 2001; Ddl for the ptys to serve initial Rule 26(a)(1) remains 5/23/01; All other ddls remain as provided in the orders entered 3/26/01; Counsel for any insured ptys shall provide a copy of this order to any insurance carrier for the defts. (cc: all counsel) (EOD 5/22/01) (jb) (Entered: 05/22/2001)

05/22/2001 117 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorneys Gary F. Bendinger, Wesley D. Felix & Evelyn J. Furse to appear pro hac [114-1] [114-2] [114-3] by deft KPMG Peat Marwick, provided that, within 15 days of entry of this order they file certificates of good standing signed by the Clerk of a USDC to which they are admitted & file a notice of designation for service in accord with Local Rule 1(f)(3). The Clerk is directed to enter the addresses for Mr. Bendinger, Mr. Felix, and Ms. Furse on the docket. (cc: all counsel) (EOD 5/23/01) (jb) (Entered: 05/23/2001)

05/24/2001 118 CERTIFICATE of Good Standing filed by deft KPMG Peat Marwick for Gary f. Bendinger from the USDC/Utah (jb) (Entered: 05/25/2001)

05/24/2001 119 CERTIFICATE of Good Standing filed by deft KPMG Peat Marwick for Wesley D. Felix from the USDC/Utah (jb) (Entered: 05/25/2001)

05/24/2001 120 CERTIFICATE of Good Standing filed by deft KPMG Peat Marwick for Evelyn J. Furse from the USDC/Utah (jb) (Entered: 05/25/2001)

06/05/2001 121 JOINT REPORT by pltfs & defts regarding mediation; ptys have agreed to select J. Lawrence Irving as a mediator; & have scheduled the mediation session for 6/25/01 (jb) (Entered: 06/06/2001)

06/07/2001 122 ORDER by Magistrate Judge Juliet E. Griffin; Pursuant to the Order [116-1], counsel has filed a joint report regarding mediation, advising that a mediation session is scheduled for 6/25/01 re [121-1]; Telephone Conference set for 3:00 7/3/01 to be initiated by liaison counsel for the pltfs, to report on the status of settlement after the mediation session and/or to address any needed adjustments to scheduling ddls in accord with the 5/22/01 Order. (cc: all counsel) (EOD 6/8/01) (jb) (Entered: 06/08/2001)

06/08/2001 123 MOTION by deft KPMG Peat Marwick to dismiss with prejudice the second amended consolidated class action complaint and for sanctions (jb) (Entered: 06/11/2001)

06/08/2001 124 MEMORANDUM by deft KPMG Peat Marwick in support of motion to dismiss with prejudice the second amended consolidated class action complaint [123-1] and for sanctions [123-2] (w/attached exhs. A-D) (jb) (Entered: 06/11/2001)

06/08/2001 125 MOTION by deft KPMG Peat Marwick for oral argument (jb) (Entered: 06/11/2001)

06/12/2001 126 ORDER by Magistrate Judge Juliet E. Griffin: Any response to the motion to dismiss [123-1] shall be filed by 7/6/01. Any reply, if necessary, shall be filed by 7/20/01. No other filings in support of or in opposition to the pending motion to

dismiss shall be filed except with the express permission of the Hon. Todd J. Campbell. The Clerk is directed to forward the file in this case to Judge Campblell for his consideration of the pending motion to dismiss and accompanying documents. The 7/3/01 conference call as scheduled by the 6/9/01 order remains scheduled. (cc: all counsel) (EOD 6/12/01) (jb) (Entered: 06/12/2001)

07/05/2001 127 OPPOSITION BRIEF/RESPONSE by pltfs to motion to dismiss with prejudice the second amended consolidated class action complaint [123-1] and motion for sanctions [123-2] (bj) (Entered: 07/06/2001)

07/05/2001 128 ORDER by Magistrate Judge Juliet E. Griffin: Telephone status conference held 7/3/01 at which time counsel advised pltfs and individual defts had participated in mediation and continued to engage in settlement discussions. Telephone status conference set for 3:30 on 7/18/01. EOD 7/6/01 (cc: all counsel) (gi) (Entered: 07/06/2001)

07/11/2001 129 SUPPLEMENTAL CERTIFICATE OF SERVICE by pltfs to pltf's opposition to motion to dismiss [127-1] (jb) (Entered: 07/11/2001)

07/19/2001 130 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 7/18/01 at which time counsel for the pltfs and the indivdual defts advised that all major issues involving settlement had been resolved; such a settlement will not affect or involve deft KPMG; Telephone Conference set for 1:00 7/31/01 to be initiated by pltfs' counsel to address the status of the memorandum of understanding and when settlement documents will be submitted to the Court; counsel for deft KPMG shall call the office of the undersigned within 5 days of the resolution of the pending motion to dismiss [123-1]--whether granted or denied (cc: all counsel) (EOD 7/20/01) (jb) (Entered: 07/20/2001)

07/20/2001 131 REPLY MEMORANDUM by deft KPMG Peat Marwick to response to motion to dismiss with prejudice the second amended consolidated action complaint [123-1] and for sanctions [123-2] (w/attached exh. A) (jb) (Entered: 07/23/2001)

07/27/2001 132 MOTION by deft KPMG Peat Marwick for attorney John H. Bogart to appear pro hac vice (w/attached certificate of good standing and proposed order) (jb) Modified on 07/30/2001 (Entered: 07/30/2001)

07/27/2001 133 CERTIFICATE of Good Standing filed by deft KPMG Peat Marwick for John H. Bogart from the USDC/Dist. of Utah (jb) Modified on 07/30/2001 (Entered: 07/30/2001)

07/27/2001 134 NOTICE by deft KPMG Peat Marwick of filing certificate of good standing for John H. Bogart (certificate of good standing is attached to motion for admission pro hac vice) (jb) (Entered: 07/30/2001)

08/06/2001 135 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney John H. Bogart to appear pro hac vice [132-1] by deft KPMG Peat Marwick; the Clerk is directed to enter the address for Mr. Bogart as the same listed for Mr. Bendinger, Mr. Felix, and Ms. Furse; within 15 days of entry of this order, Mr. Bogart, Mr. Bendinger, Mr. Felix & Ms. Furse shall file a notice of designation of service; Telephone Conference held 7/31/01; Ddl for the pltfs to file & serve their motion for class certification is extended to 8/15/01; Written Discovery ddl is reset for 8/15/01; the remaining ddls provided in the orders entered 5/22/01 [116-1] and

3/26/01 [99-1] [100-1] remain in full force and effect; no other filings in support of or in opposition to the pltfs' anticipated motion for class certification shall be permitted except with the express permission of the Hon. Todd J. Campbell (cc: all counsel) (EOD 8/6/01) (jb) Modified on 09/18/2001 (Entered: 08/06/2001)

08/15/2001 136 MOTION by pltfs for class certification (jb) Modified on 09/18/2001 (Entered: 08/16/2001)

08/15/2001 137 MEMORANDUM OF POINTS AND AUTHORITIES by pltfs in support of motion for class certification [136-1] (w/attachments) (jb) (Entered: 08/16/2001)

08/15/2001 138 DECLARATION by pltfs of George E. Barrett in support of pltfs' motion for class certification [136-1] (w/attached exhs. A-D) (jb) (Entered: 08/16/2001)

08/22/2001 139 NOTICE by deft KPMG Peat Marwick of designation for service as follows: Gary F. Bendinger, Esq. (jb) (Entered: 08/23/2001)

08/28/2001 140 MEMORANDUM OF THE COURT: Order to enter. (cc: all counsel) (EOD 8/29/01) (jb) (Entered: 08/29/2001)

08/28/2001 141 ORDER by Judge Todd J. Campbell: For the reasons stated in the accompanying memorandum [140-1], deft's motion to dismiss with prejudice the second amended consolidated class action complaint [123-1] and for for sanctions [123-2] is granted in part and denied in part; any claims based upon KPMG's issuance of the 1999 audit report of VisionAmerica on 5/16/00 are dismissed; defts's motion for oral argument [125-1] is denied as moot (cc: all counsel) (EOD 8/29/01) (jb) (Entered: 08/29/2001)

09/11/2001 142 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference set for 11:00 9/25/01 to be initiated by the counsel for deft KPMG (cc: all counsel) (EOD 9/12/01) (jb) (Entered: 09/12/2001)

09/21/2001 143 ANSWER by deft KPMG LLP to second amended consolidated class action complaint [110-1] [56-1] [1-1] (jb) (Entered: 09/24/2001)

09/24/2001 144 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 9/18/01; KPMG's request for an extension until 9/21/01 to file an answer to the complaint is granted (cc: all counsel) (EOD 9/24/01) (jb) (Entered: 09/24/2001)

09/26/2001 145 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference was scheduled for 9/25/01; prior thereto, counsel for deft KPMG has sent the Court by facsimile a proposed, revised schedule for briefing on the pending motion for class certification; the stay of discovery as to the claims against KPMG provided in Order [116-1] is lifted ; ddl for filing responses to the pending motion for class certification [136-1] is extended to 1/28/02; deft KPMG shall have until 10/9/01 to file a motion to continue the trial (cc: all counsel) (EOD 9/27/01) (jb) (Entered: 09/27/2001)

10/09/2001 146 MOTION by deft KPMG Peat Marwick for continuance of the trial date and other ddls (w/attached proposed order) (jb) (Entered: 10/10/2001)

10/09/2001 147 MEMORANDUM by deft KPMG Peat Marwick in support of motion for continuance of the trial date and other ddls [146-1] (w/attached exhs. A-E) (jb) (Entered: 10/10/2001)

10/31/2001 PROPOSED Agreed Order to allow pltfs until 11/2/01 to respond to deft KPMG's motion for a continuance (jb) (Entered: 10/31/2001)

11/01/2001 148 MEMORANDUM by pltfs in opposition to motion for continuance of the trial date and other ddls [146-1] (jb) (Entered: 11/01/2001)

11/01/2001 149 AGREED ORDER by Judge Todd J. Campbell allowing the pltfs until 11/2/01 to respond to deft KPMG's motion for a continuance [146-1] (cc: all counsel) (EOD 11/1/01) (jb) (Entered: 11/01/2001)

11/01/2001 150 MOTION by deft VisionAmerica, Inc. for leave to withdraw George T. Lewis, III, Baker, Donelson, Bearman and Caldwell, as counsel of record (w/attached proposed order) (jb) (Entered: 11/02/2001)

11/05/2001 151 MOTION by pltfs for attorney Curtis L. Bowman to appear pro hac vice (w/attached certif of good standing) (gi) (Entered: 11/06/2001)

11/05/2001 152 CERTIFICATE of Good Standing for Curtis L. Bowman, USDC ED & WD/AR, filed by pltfs (gi) (Entered: 11/06/2001)

11/05/2001 153 MOTION by pltfs for attorney W. Todd VerWeire to appear pro hac vice (w/attached certif of good standing) (gi) (Entered: 11/06/2001)

11/05/2001 154 CERTIFICATE of Good Standing for W. Todd VerWeire from USDC, ED & WD/AR filed by pltfs (gi) (Entered: 11/06/2001)

11/16/2001 155 ORDER by Judge Todd J. Campbell denying motion for continuance of the trial date and other ddls [146-1] (cc: all counsel) (EOD 11/19/01) (jb) (Entered: 11/19/2001)

11/16/2001 156 ORDER by Judge Todd J. Campbell granting motion for leave to withdraw George T. Lewis, III, Baker, Donelson, Bearman and Caldwell, as counsel of record [150-1]; withdrawing attorney George Tolbert Lewis III for VisionAmerica, Inc. (cc: all counsel) (EOD 11/19/01) (jb) (Entered: 11/19/2001)

11/20/2001 157 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney Curtis L. Bowman to appear pro hac vice [151-1] by pltfs. EOD 11/21/01 (cc: all counsel) (gi) (Entered: 11/21/2001)

11/20/2001 158 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney W. Todd VerWeire to appear pro hac vice [153-1] by pltfs. EOD 11/21/01 (cc: all counsel) (gi) (Entered: 11/21/2001)

11/21/2001 159 MOTION by deft VisionAmerica, Inc. & deft Andrew Miller for leave to withdraw attorneys Scott B. Schreiber and Donna K. Norman as counsel of record (w/attached proposed order) (jb) (Entered: 11/26/2001)

11/28/2001 160 MOTION by deft KPMG Peat Marwick to compel pltfs to provide supplemental answers to interrogatories and documents in response to class certification (w/attached exhs. 1-3) (jb) (Entered: 11/29/2001)

11/28/2001 161 JOINT STATEMENT of Matters at Issue re [160-1] (original signature of atty for KPMG, cy of signature of atty for pltfs) (gi) (Entered: 11/30/2001)

11/28/2001 162 CERTIFICATION of Good Faith Effort to resolve discovery disputes by deft

KPMG (gi) (Entered: 11/30/2001)

11/29/2001 163 ORDER by Judge Todd J. Campbell granting motion for leave to withdraw attorneys Scott B. Schreiber and Donna K. Norman as counsel of record [159-1] for VisionAmerica, Inc. (cc: all counsel) (EOD 12/3/01) (jb) Modified on 12/05/2001 (Entered: 12/03/2001)

12/05/2001 164 CERTIFICATE by deft KPMG Peat Marwick of service of KPMG's interrogatories to pltfs (set one) and KPMG's requests for the production of documents to pltfs (set one) was mailed 11/20/01 (jb) (Entered: 12/06/2001)

12/10/2001 165 NOTICE by pltf Mary Kantanie & pltf Debbie Preiser of withdrawal as lead pltfs and proposed class representatives (jb) (Entered: 12/11/2001)

12/11/2001 166 CERTIFICATE by deft KPMG Peat Marwick of service of answers to pltfs' first set of interrogatories and requests for the production of documents (jb) (Entered: 12/12/2001)

12/11/2001 167 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 12/7/01; pltfs' claims against defts Edmonds and Lewis have been resolved; by 12/14/01, they shall file the memorandum of understanding (MOA); by 1/31/02, they shall file a motion for preliminary approval of the settlement; Hearing on the motion to compel [160-1] is scheduled telephonically 10:00 12/14/01; any response to the motion to compel pltfs provide supplemental answers to interrogatories and documents in response to class certification [160-1] shall be filed by 12/12/01 (cc: all counsel) (EOD 12/12/01) (jb) (Entered: 12/12/2001)

12/12/2001 168 NOTICE by William S. Lerach, counsel for pltfs of change of address effective 1/1/02 to: Milberg Weiss Bershad Hynes & Lerach LLP, 401 B Street, Suite 1700, San Diego, CA 92101 (xc: af) (jb) (Entered: 12/12/2001)

12/12/2001 169 MEMORANDUM IN SUPPORT OF THEIR MOTION by pltfs to strike KPMG's motion to compel and in the altenative in support of their response to deft KPMG's motion to compel response to interrogatories and requests for production of documents (Mtn and Memo in Support; and Response per counsel for pltfs) (jb) (Entered: 12/13/2001)

12/12/2001 169 RESPONSE by pltfs to motion to compel pltfs to provide supplemental answers to interrogatories and documents in response to class certification [160-1] (Contained in same document as motion to strike [169-1]) (jb) (Entered: 12/13/2001)

12/13/2001 170 MOTION by pltf to compel deft KPMG's responses to Rule 26 disclosures and for sanctions (jb) (Entered: 12/14/2001)

12/13/2001 171 MEMORANDUM OF LAW by pltfs in support of motion to compel deft KPMG's responses to Rule 26 disclosures [170-1] and for sanctions [170-2] (w/attached exhs. A-C) (jb) (Entered: 12/14/2001)

12/13/2001 172 JOINT STATEMENT of matters at issue by pltfs & deft KPMG, LLP re mtn to compel [170-1] and for sanctions [170-2] (jb) (Entered: 12/14/2001)

12/13/2001 173 CERTIFICATION by pltfs of good faith effort to resolve discovery disputes (jb) (Entered: 12/14/2001)

12/20/2001 174 MEMORANDUM OF UNDERSTANDING submitted by the ptys per Order [167-1] [167-2] (jb) (Entered: 12/20/2001)

12/31/2001 197 OPPOSITION by deft KPMG Peat Marwick to pltfs' motion to compel [170-1] (w/attached exhs. 1-3) (jb) (Entered: 02/05/2002)

01/02/2002 175 CERTIFICATE by deft KPMG Peat Marwick of service of discovery documents (jb) (Entered: 01/03/2002)

01/03/2002 176 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 12/12/01 ; pltf's motion to strike KPMG's motion to compel and in the altenative in support of their response to deft KPMG's motion to compel response to interrogatories and requests for production of documents [169-1] is denied; deft's motion to compel pltfs to provide supplemental answers to interrogatories and documents in response to class certification [160-1] is granted and denied in part as outlined in this Order; pltfs shall supplement their discovery responses as provided herein by 1/4/02, except to the extent that such supplementation may be impossible because requested information has not been obtained from the Bankruptcy Trustee (cc: all counsel) (EOD 1/3/02) (jb) (Entered: 01/03/2002)

01/15/2002 177 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 1/14/02; the ptys agreed to the entry of an order clarifying the 4/26/01, Order, which has been entered contemporaneously; pltfs' counsel to supplement their discovery responses by 1/15/02; Telephonic Hearing on pltfs' motion to compel, DE #170 is set for 9:00 1/25/02 to be initiated or arranged by pltfs' counsel (cc: all counsel) (EOD 1/15/02) (jb) (Entered: 01/15/2002)

01/15/2002 178 ORDER by Magistrate Judge Juliet E. Griffin: the Order [109-1] [109-2] is amended as follows: as a result of the Bankruptcy filing, all proceedings against deft VisionAmerica are stayed pending further order of this Court or further order of the USBC/WD/TN ; except as amended herein, the 4/26/01 Order remains in full force and effect (cc: all counsel) (EOD 1/15/02) (jb) (Entered: 01/15/2002)

01/17/2002 179 MOTION by pltfs to compel deft KPMG's responses to pltfs' first set of interrogatories and requests for production of documents (jb) (Entered: 01/18/2002)

01/17/2002 180 MEMORANDUM OF LAW by pltfs in support of motion to compel deft KPMG's responses to pltfs' first set of interrogatories and requests for production of documents [179-1] (jb) (Entered: 01/18/2002)

01/17/2002 181 JOINT STATEMENT of matters at issue by pltfs & deft KPMG, LLP re motion to compel [179-1] (jb) (Entered: 01/18/2002)


01/22/2002 183 MOTION AND MEMORANDUM IN SUPPORT OF MOTION by deft KPMG Peat Marwick to compel pltfs to provide supplemental answers to KPMG's interrogatories (jb) (Entered: 01/23/2002)

01/22/2002 184 DISCOVERY RESPONSES IN DISPUTE AND CONCISE STATEMENT of issues by deft KPMG Peat Marwick in support of motion and memorandum in support of motion to compel [183-1] (jb) (Entered: 01/23/2002)

01/22/2002 185 JOINT STATEMENT of Matters at issue by pltfs & deft KPMG (jb) (Entered: 01/23/2002)

01/22/2002 186 CERTIFICATION by deft KPMG Peat Marwick of good faith effort to resolve discovery disputes (w/attached exh. 1) (jb) (Entered: 01/23/2002)

01/28/2002 187 MEMORANDUM OF LAW by deft KPMG Peat Marwick in opposition to pltfs' motion for class certification [136-1] (w/attached exhs. 1-6) (jb) (Entered: 01/29/2002)


01/28/2002 189 MOTION by pltfs to compel deft KPMG to respond to pltfs' second set of interrogatories and requests for production of documents, third set of requests for production of documents and requests for admissions (jb) (Entered: 01/29/2002)

01/28/2002 190 MEMORANDUM by pltfs in support of motion to compel deft KPMG to respond to pltfs' second set of interrogatories and requests for production of documents, third set of requests for production of documents and requests for admissions [189-1] (jb) (Entered: 01/29/2002)

01/30/2002 192 MOTION by defts Thomas P. Lewis, & Ronald L. Edmonds for an extension of deadline to file motion for preliminary approval of settlement (jb) (Entered: 01/31/2002)

01/31/2002 191 MOTION by pltfs for extension of deadline to file motion for preliminary approval of settlement (jb) (Entered: 01/31/2002)

02/04/2002 193 ORDER by Magistrate Judge Juliet E. Griffin: pltfs' motion and motion of individual defts Lewis and Edmonds for an extension of deadline to file motion for preliminary approval of settlement (Docket Entry Nos. 191 and 192) are granted; the Order [167-1] [167-2] is modified to extend the ddl for the ptys to file a motion for preliminary approval of the settlement between the pltf and individual defts from 1/31/02 to 2/28/02; If Ms. Radsan, counsel for pltf, wants to be the lawyer who receives orders in this case, she (or she and her co-counsel from Milberg, Weiss) should file a notice of designation; local counsel for the pltfs shall confere with counsel at Milberg, Weiss to confirm that a copy of this order was, in fact, received, and, if not, shall notify the Court so that action can be taken to insure that future orders are propoerly received (cc: all counsel) (EOD 2/4/02) (jb) (Entered: 02/04/2002)

02/04/2002 194 CORRECTED CERTIFICATION by pltfs of good faith effort to resolve discovery disputes [188-1] (jb) (Entered: 02/04/2002)

02/04/2002 195 OPPOSITION by deft KPMG Peat Marwick to pltfs' motion to compel deft KPMG's responses to pltfs' first set of interrogatories and requests for production of documents [179-1] (w/attached exhs. 1-5) (jb) (Entered: 02/05/2002)

02/05/2002 196 ORDER by Magistrate Judge Juliet E. Griffin denying motion to compel deft KPMG's responses to Rule 26 disclosures [170-1] and for sanctions [170-2] as outlined in this order; deft KPMG filed a response to the pltfs' motion on 12/31/01; however, that response is not docketed and the original response cannot be located; deft KPMG provided the Court with a stamp filed copy; the Clerk is directed to

docket that copy as the response filed by KPMG on 12/31/01, and the copy shall serve as the original document in this case; Hearing set for 11:00 2/12/02 to address the pltfs' pending motion to compel [179-1], the pending motion to compel filed by deft KPMG [183-1], and any other appropriate matters (cc: all counsel) (EOD 2/5/02) (jb) (Entered: 02/05/2002)

02/06/2002 198 NOTICE by pltfs of attorney designation; Katherine L. Blanck Radsan is the atty from Milberg Weiss Bershad Hynes & Lerach to receive service for that firm (jb) (Entered: 02/06/2002)

02/06/2002 199 RESPONSE by pltfs Guenter Schmidt, David Wurm, Jonathan Preiser, & Stanley Kantanie to motion to compel pltfs to provide supplemental answers to KPMG's first set of interrogatories [183-1] (w/attached exhs. A & B) (jb) (Entered: 02/07/2002)

02/11/2002 200 MOTION by pltfs for attorney James Allen Carney, Jr. to appear pro hac vice (w/attached copy of certificate of good standing) (jb) (Entered: 02/12/2002)

02/12/2002 201 CERTIFICATE of Good Standing filed by pltfs for James Allen Carney, Jr. from the USDC/ED/WD/AR (jb) (Entered: 02/12/2002)

02/13/2002 202 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney James Allen Carney, Jr. to appear pro hac vice [200-1] by pltfs; the Clerk is directed to enter the address for Mr. Carney on the docket as 11311 Arcade Drive, Suite 200, Little Rock, Arkansas 72212 (cc: all counsel) (EOD 2/13/02) (jb) (Entered: 02/13/2002)

02/14/2002 203 RESPONSE (OPPOSITION) by deft KPMG Peat Marwick to motion to compel deft KPMG to respond to pltfs' second set of interrogatories and requests for production of documents, third set of requests for production of documents and requests for admissions [189-1]. (w/ att'd exhibits 1-5) (dlt) (Entered: 02/15/2002)

02/25/2002 PROPOSED Agreed Order: the hearing on pltfs' third motion to compel will be heard on 3/5/02 at 9:30 (jb) (Entered: 02/26/2002)

02/28/2002 204 AGREED ORDER by Magistrate Judge Juliet E. Griffin setting hearing on pltfs' third motion to compel deft KPMG to respond to pltfs' second set of interrogatories and requests for production documents, third set of requests for production of and requests for admissions [189-1] 9:30 3/5/02 (cc: all counsel) (EOD 2/28/02) (jb) (Entered: 02/28/2002)

02/28/2002 205 MOTION by pltfs for order for preliminary approval of settlement (w/attached proposed order preliminarily approving settlement and providing for notice) (jb) (Entered: 02/28/2002)

02/28/2002 206 STIPULATION of partial settlement (w/attached exhs. A, A1-3, & B) (jb) (Entered: 02/28/2002)

02/28/2002 207 REPLY MEMORANDUM by pltfs in support of pltfs' motion for class certification [136-1] (jb) (Entered: 02/28/2002)

02/28/2002 208 APPENDIX filed by pltfs of exhibits for the reply memorandum in support of pltfs' motion for class certification [207-1] (w/attached exhs. 1-9) (jb) (Entered: 02/28/2002)

03/01/2002 209 NOTICE by pltfs of dates available for hearing on the motion for preliminary approval of class action settlement (jb) (Entered: 03/04/2002)

03/04/2002 210 NOTICE by pltf to certify that supplemental answers of KPMG, LLP to pltfs' first set of interrogatories and requests for the production of documents were served on 3/1/02 to William S. Lerach, Amber E. Eck, & J. Allen Carney counsel for pltfs (jb) (Entered: 03/04/2002)

03/05/2002 211 NOTICE by pltfs of filing of errata pages to the stipulation of settlement filed with the Court on 3/1/02 (w/attached exh. A) (jb) (Entered: 03/06/2002)

03/12/2002 212 ORDER by Judge Todd J. Campbell: pending before the Court, among other things, are pltfs' motion for class certification [136-1], and pltfs' motion for order for preliminary approval of settlement [205-1]; The Court will hold a hearing on 3/19/02 at 9:00 a.m. (cc: all counsel) (EOD 3/12/02) (jb) (Entered: 03/12/2002)

03/12/2002 213 NOTICE by pltfs of filing of affidavit of Victor C. Moore for purposes of the telephonic conference to be held at 2:30 on 3/15/02 (w/attached affidavit) (jb) (Entered: 03/12/2002)

03/12/2002 214 AFFIDAVIT of Victor C. Moore re notice [213-1] (w/attached exhs. A-D) (jb) (Entered: 03/12/2002)

03/15/2002 215 MOTION by pltfs for attorney Jeffrey D. Light to appear pro hac vice (w/attached certificate of good standing) (jb) (Entered: 03/18/2002)

03/15/2002 216 CERTIFICATE of Good Standing filed by pltfs for Jeffrey D. Light from USDC/SD/CA in support of motion for admission pro hac vice [215-1] (jb) (Entered: 03/18/2002)

03/18/2002 217 MOTION by pltf for attorney Scott E. Poynter to appear pro hac vice (w/attached copy of certificate of good standing for Scott E. Poynter from USDC/ED & WD/AR) (jb) (Entered: 03/19/2002)

03/18/2002 218 NOTICE by pltfs of amendment to proposed partial final judgment and order of partial dismissal with prejudice (w/attached exh. A) (jb) (Entered: 03/19/2002)

03/19/2002 219 CERTIFICATE of Good Standing filed by pltf for Scott E. Poynter from USDC/ED & WD/AR (jb) (Entered: 03/19/2002)

03/19/2002 220 ORDER by Judge Todd J. Campbell granting motion for attorney Jeffrey D. Light to appear pro hac vice [215-1] by pltfs (cc: all counsel) (EOD 3/19/02) (jb) (Entered: 03/19/2002)

03/19/2002 221 ORDER by Judge Todd J. Campbell granting motion for attorney Scott E. Poynter to appear pro hac vice [217-1] by pltfs (cc: all counsel) (EOD 3/19/02) (jb) (Entered: 03/19/2002)

03/19/2002 222 CLERK'S RESUME; Motion Hearing held 3/19/02 ; Hearing held In Re: preliminary approval of the settlement; establishing progressive deadlines, etc.; Order to enter; C/R: Jim Spence (jb) (Entered: 03/20/2002)

03/19/2002 223 ORDER by Judge Todd J. Campbell: for the reasons described in this Order, pltfs' motion for order for preliminary approval of settlement [205-1] is granted; by 4/2/02, pltfs shall file a notice regarding the status of the stock transfer records

discussed at the hearing and what impact, if any, the status has on implementation of the partial settlement; pltfs' motion for class certification [136-1] is conditionally granted; the class, with the modified class period, is conditionally certified pursuant to Fed.R.Civ.P.23(c)(1); this case remains scheduled for trial on 9/17/02; the pretrial conference remains scheduled for 9/9/02 at 10:00 a.m. (cc: all counsel) (EOD 3/20/02) (jb) (Entered: 03/20/2002)

03/19/2002 224 ORDER by Judge Todd J. Campbell preliminarily approving settlement and providing for notice; Settlement Hearing set for 1:00 9/9/02 ; notice ddls set as outlined in this Order (w/attached exhs. A-1 thru A-3)(cc: all counsel) (EOD 3/20/02) (jb) (Entered: 03/20/2002)

03/27/2002 225 STIPULATION re confidentiality and joint request for protective order; w/attached Exhibit A (rls) (Entered: 03/28/2002)

04/01/2002 226 CERTIFICATE by deft KPMG Peat Marwick of service of subpoena issued to Kelley Crowe on 3/29/02 (jb) (Entered: 04/02/2002)

04/02/2002 227 NOTICE by pltfs re: status of stock transfer records (jb) (Entered: 04/03/2002)

04/02/2002 228 CERTIFICATE by deft KPMG Peat Marwick of service of subpoena issued to Banc of America Commercial Finance Corporation on 3/7/02 (jb) (Entered: 04/03/2002)

04/03/2002 229 CERTIFICATE by deft KPMG Peat Marwick of service of subopenas issued to Bank of America, Legal Support Group; AmSouth Bank, Custodian of Records; & US Bank, Custodian of Records on 4/2/02 (jb) (Entered: 04/03/2002)

04/03/2002 230 PROTECTIVE ORDER approved by Magistrate Judge Juliet E. Griffin to protect the confidentiality of confidential information obtained by the ptys in connection with this case; at the conclusion of this litigation, the Clerk shall return any doucments filed under seal in accord with this order upon request of the filing pty; re stipulation re confidentiality and joint request for protective order [225-1] (cc: all counsel) (EOD 4/4/02) (jb) (Entered: 04/04/2002)

04/11/2002 231 ORDER by Magistrate Judge Juliet E. Griffin: Hearing held 2/12/02 to address the pending motions to compel [179-1] [183-1] & [189-1]. During the 2/12/02 hearing, the Court recessed the proceedings for an extended period of time. Telephonic Hearing held 3/5/02. As provided in this Order, pltfs' motions to compel [179-1] [189-1] and deft's motion to compel [183-1] is granted in part and denied in part. (cc: all counsel) (EOD 4/12/02) (jb) Modified on 04/12/2002 (Entered: 04/12/2002)

04/11/2002 232 ORDER by Magistrate Judge Juliet E. Griffin: Telephone Conference held 3/15/02 to address the portion of the pltfs' motion to compel seeking the internal manuals. The Court finds that the pltfs have not sufficiently set forth the need for production of the internal audit manuals, and directed that the depositions of the deft's employees proceed as scheduled during the week of 3/18/02. The deft was directed to have the manuals accessible during the depositions in the event the deponents were unable to testify about the audit w/o reference to the manuals or, if for other reasons, the deponents needed to refer to the manuals. If the depositions reveal real need for the internal manuals, the pltfs may renew their motion based on the deposition testimony. The following ddls are modified: Discovery ddl is reset for 5/31/02; Dispositive Motion filing ddl is reset for 5/24/02. (cc: all counsel) (EOD

4/12/02) (jb) (Entered: 04/12/2002)

04/18/2002 233 CERTIFICATE by deft KPMG Peat Marwick of service of subpoena issued to Don Beisner (jb) (Entered: 04/18/2002)

05/01/2002 234 CERTIFICATE by deft KPMG Peat Marwick of Service re: A true and correct copies of Supplemental answers of KPMG to pltfs' first set of request for admissions and supplemental answers of KPMG to pltfs' second set of interrogatories and requests for the production of documents wer mailed on 4/30/02 to George Barrett, Stanley Chernau, William Lerach, Steven Cauley, Timothy McCormick, John Despriet. (dlt) (Entered: 05/02/2002)

05/17/2002 235 CERTIFICATE by deft KPMG Peat Marwick of mailing of the subpoena issued to VisionAmerica on 5/17/02 (jb) (Entered: 05/20/2002)

05/22/2002 236 CERTIFICATE by deft KPMG Peat Marwick of service of subpoena issued to US Bank mailed on 4/4/02 (jb) (Entered: 05/23/2002)

05/24/2002 237 AGREED ORDER by Magistrate Judge Juliet E. Griffin: The ptys have agreed to the following modifications of the scheduling order [232-1] [232-2]: Dispositive Motion filing ddl is reset for 5/29/02; any response shall be filed within 20 days of the filing of said motion or by 6/18/02, if the motion is filed on 5/29/02; any reply, if necessary, shall be filed within two weeks of the filing of the response or by 6/27/02 whichever is earlier; all other provisions of the Order DE #232 shall remain in full force and effect (cc: all counsel) (EOD 5/24/02) (jb) (Entered: 05/24/2002)

05/28/2002 238 CERTIFICATE by deft KPMG Peat Marwick of mailing of the subpoena issued to Beth Harden dated 5/22/02 and the subpoena issued to Tom Lewis dated 5/23/03 (jb) (Entered: 05/28/2002)

05/29/2002 239 MOTION by pltfs for partial summary judgment (jb) (Entered: 05/30/2002)

05/29/2002 240 MEMORANDUM OF LAW by pltfs in support of motion for partial summary judgment [239-1] (w/attached exhs. 1-3) (jb) (Entered: 05/30/2002)

05/29/2002 241 STATEMENT of undisputed material facts by pltfs in support of motion for partial summary judgment [239-1] (w/attached exhs. 1-45) (jb) Modified on 10/21/2002 (Entered: 05/30/2002)

05/29/2002 242 MOTION by pltfs for oral argument (jb) (Entered: 05/30/2002)

05/29/2002 243 MOTION by deft KPMG Peat Marwick for summary judgment (jb) (Entered: 05/30/2002)

05/29/2002 244 MEMORANDUM OF LAW by deft KPMG Peat Marwick in support of motion for summary judgment [243-1] (jb) Modified on 10/21/2002 (Entered: 05/30/2002)

05/29/2002 245 STATEMENT of material undisputed facts by deft KPMG Peat Marwick in support of motion for summary judgment [243-1] (w/attached exhs. 1-33) (jb) Modified on 10/21/2002 (Entered: 05/30/2002)

05/29/2002 246 MOTION by deft KPMG Peat Marwick for oral argument in support of motion for summary judgment [243-1] (jb) (Entered: 05/30/2002)

05/30/2002 247 NOTICE by deft KPMG Peat Marwick of filing of case to accompany KPMG's

memorandum of law in support of mtn for summary judgment. (w/ att'd cases) (dlt) (Entered: 05/31/2002)

05/31/2002 248 NOTICE by deft KPMG Peat Marwick of filing of signature page to declaration of Bradley Royce Benton (w/attached signature page) (jb) Modified on 10/21/2002 (Entered: 06/03/2002)

05/31/2002 249 NOTICE by deft KPMG Peat Marwick of filing of supplemental exhibits to accompany statement of material undisputed facts (w/attachments) (jb) (Entered: 06/03/2002)

06/07/2002 250 MOTION by pltfs to compel deft KPMG's responses to pltfs' first set of interrogatories and requests for production of documents (jb) (Entered: 06/10/2002)

06/07/2002 251 MEMORANDUM by pltfs in support of motion to compel deft KPMG's responses to pltfs' first set of interrogatories and requests for production of documents [250-1] (w/attached exhs. A-E) (jb) (Entered: 06/10/2002)

06/07/2002 252 JOINT STATEMENT of matters at issue by pltfs & deft KPMG, LLP re motion to compel [250-1] (jb) (Entered: 06/10/2002)


06/10/2002 254 ORDER by Magistrate Judge Juliet E. Griffin: Telephone Conference held 6/6/02. Expert Discovery ddl is reset for 8/16/02. The ddl for the pltf to serve expert disclosures is reset to 6/24/02. The ddl for the deft to serve expert disclosures is reset to 7/24/02. The ptys are strongly encouraged to schedule the expert depositions as soon as possible, rather than waiting until the disclosures have been served. This order shall not affect any ddls provided in the order entered 1/24/01, DE #84. The ptys shall serve copies of responses to the pending motions in the manner addressed on 6/6/02. (cc: all counsel) (EOD 6/10/02) (jb) (Entered: 06/10/2002)

06/18/2002 255 RESPONSE by pltfs to motion for summary judgment [243-1] (gi) (Entered: 06/19/2002)

06/18/2002 256 MEMORANDUM by pltfs in support of response [255-1] to mtn for summary judgment (gi) (Entered: 06/19/2002)

06/18/2002 257 RESPONSE by pltfs to deft KPMG's statement of material undisputed facts [245-1] (w/attached exhibits 1-25) (gi) Modified on 10/21/2002 (Entered: 06/19/2002)

06/18/2002 258 MOTION by pltfs to strike portion of deft KPMG's memorandum of law in support of mtn for summary judgment (gi) (Entered: 06/19/2002)

06/18/2002 259 MEMORANDUM by pltfs in support of motion to strike portion of deft KPMG's memorandum of law in support of mtn for summary judgment [258-1] (w/attached exhibits A & B) (gi) (Entered: 06/19/2002)

06/18/2002 260 MOTION by pltfs for oral argument on their mtn for partial summary judgment (gi) (Entered: 06/19/2002)

06/18/2002 261 RESPONSE by deft KPMG Peat Marwick to motion for partial summary judgment [239-1] (w/attached exhibits 1-5) (gi) Modified on 10/21/2002 (Entered:

06/19/2002)

06/18/2002 262 RESPONSE by deft KPMG Peat Marwick to pltf's statement of undisputed material facts [241-1] (w/attached exhibits A-Z, AA-ZZ & AAA) (gi) Modified on 10/21/2002 (Entered: 06/19/2002)

06/18/2002 263 MOTION by deft KPMG Peat Marwick to strike portions of pltfs' mtn for partial summary judgment (gi) (Entered: 06/19/2002)

06/18/2002 264 MEMORANDUM by deft KPMG Peat Marwick in support of motion to strike portions of pltfs' mtn for partial summary judgment [263-1] (w/attached exhibits 1-11) (gi) (Entered: 06/19/2002)

06/19/2002 265 MOTION by deft KPMG Peat Marwick to continuance of trial . (dlt) (Entered: 06/20/2002)

06/19/2002 266 MEMORANDUM by deft KPMG Peat Marwick in support of motion to continuance of trial [265-1]. (w/ att'd exhibits A-P) (dlt) (Entered: 06/20/2002)

06/20/2002 267 RESPONSE by deft KPMG Peat Marwick to motion to compel deft KPMG's responses to pltfs' first set of interrogatories and requests for production of documents [250-1]. (w/ att'd exhibits 1-3) (dlt) Modified on 10/21/2002 (Entered: 06/21/2002)

06/20/2002 268 NOTICE by deft KPMG Peat Marwick of filing of signature page to declaration of Bradley Royce Benton which is exhibit KK to KPMG's response to pltf's stmt of undisputed material facts file w/ the Court on 6/18/02. (w/ att'd Signature) (dlt) Modified on 10/21/2002 (Entered: 06/21/2002)

06/21/2002 269 ORDER by Judge Todd J. Campbell granting deft KPMG's motion for continuance of trial [265-1]; Jury trial is continued until 9:00 a.m. on 3/4/03; pretrial conference is set for 1:00 p.m. on 2/24/03; joint proposed pretrial order ddl 2/19/03 ; the parties shall also submit to the Court by 2/19/03, the following: joint proposed jury instructions and verdict forms, witness lists, exhibit lists, and stipulations; by 2/10/03, the parties shall file any mtns in limine and any mtns objecting to expert testimony; any responses to such mtns shall be filed by 2/19/03; Case referred to Magistrate Judge Juliet E. Griffin for entry of a new scheduling order in light of the new trial date. (cc: all counsel) EOD 6/24/02 (vh) (Entered: 06/24/2002)

06/27/2002 270 REPLY MEMORANDUM OF LAW by pltfs to response to motion for partial summary judgment [239-1]. (w/ att'd exhibit 1) (dlt) (Entered: 06/28/2002)

06/27/2002 271 REPLY by deft KPMG Peat Marwick to response to motion for summary judgment [243-1] (w/attached exhibits A & B) (gi) Modified on 10/21/2002 (Entered: 06/28/2002)

06/27/2002 272 REPLY by deft KPMG Peat Marwick to pltfs' response to statement of material undisputed facts [245-1] (w/attached exhibits A-E) (gi) (Entered: 06/28/2002)

06/27/2002 273 ERRATA by deft KPMG Peat Marwick to [261-1] (gi) Modified on 10/21/2002 (Entered: 06/28/2002)

07/01/2002 274 MOTION by pltfs for reconsideration of Order dated June 24, 2002 and opposition to deft KPMG's motion for continuance of trial (jb) (Entered: 07/02/2002)

07/01/2002 274 RESPONSE by pltfs in opposition to deft KPMG's motion for continuance of trial [265-1] (Contained in same document as motion for reconsideration DE #274.) (jb) (Entered: 07/02/2002)

07/02/2002 275 TRANSCRIPT filed of the proceeding-motion to compel before the Hon. Todd J. Campbell on 3/19/02; CR: James Spence (jb) (Entered: 07/03/2002)

07/02/2002 276 MEMORANDUM by deft KPMG Peat Marwick in opposition to pltfs' motion to strike portion of deft KPMG's memorandum of law in support of mtn for summary judgment [258-1] (w/attached exh. A) (jb) (Entered: 07/03/2002)

07/03/2002 277 RESPONSE by pltfs in opposition to defts' motion to strike and memorandum in support of KPMG's motion to strike portions of pltfs' mtn for partial summary judgment [263-1] and portions of pltfs' memorandum in support of motion for partial summary judgment (jb) (Entered: 07/08/2002)

07/10/2002 278 ORDER by Magistrate Judge Juliet E. Griffin denying motion to compel deft KPMG's responses to pltfs' first set of interrogatories and requests for production of documents [250-1]. Counsel shall advise the Court within 5 days of resolution of pltfs' mtn to reconsider order of 6/24/02. If the mtn is denied, a conference will be set to address entry of a new scheduling order. EOD 7/10/02 (cc: all counsel) (gi) (Entered: 07/10/2002)

07/12/2002 279 ORDER by Judge Todd J. Campbell denying pltfs' motion for reconsideration of Order dated June 24, 2002 [274-1] and opposition to deft KPMG's motion for continuance of trial (cc: all counsel) (EOD 7/12/02) (jb) (Entered: 07/12/2002)

07/15/2002 280 TRANSCRIPT filed of the case management conference on 2/12/02 before the Hon. Juliet E. Griffin; CR: Cindi Kellam (jb) (Entered: 07/15/2002)

07/15/2002 281 TRANSCRIPT filed of the case management conference on 3/5/02 before the Hon. Juliet E. Griffin: CR: Cindi Kellam (jb) (Entered: 07/15/2002)

07/15/2002 282 NOTICE by deft KPMG Peat Marwick of correction to declaration of Bradley Royce Benton which accompanies KPMG's statement of material undisputed facts (w/attachment) (jb) Modified on 10/21/2002 (Entered: 07/16/2002)

07/30/2002 283 SUPPLEMENT by pltfs to the statement of undisputed material facts [241-1] (w/attached exh. 1) (jb) Modified on 10/21/2002 (Entered: 07/31/2002)

07/31/2002 284 ORDER by Judge Todd J. Campbell granting motion for oral argument [242-1], motion for oral argument in support of motion for summary judgment [243-1], and motion for oral argument [246-1]. The Court will hear argument on the remaining pending motions [239-1] [243-1] [258-1] [260-1] [263-1] on 9/27/02 at 2:00 p.m. (cc: all counsel) (EOD 8/1/02) (jb) (Entered: 08/01/2002)

08/08/2002 285 ORDER by Magistrate Judge Juliet E. Griffin: Case Management Conference set for 10:00 a.m. on 8/23/02 , to address a new scheduling order & any other appropriate matters. EOD 8/8/02 (cc: all counsel) (dlt) (Entered: 08/08/2002)

08/16/2002 286 RESPONSE by deft KPMG Peat Marwick to pltfs' supplement to pltfs' statement of undisputed material facts [283-1] (jb) (Entered: 08/19/2002)

08/26/2002 287 NOTICE OF MOTION AND MOTION by pltfs for final approval of settlement

and plan of allocation of settlement proceeds and for an award of attorneys' fees and reimbursement of expenses (w/attached compendium of non-West Publishing Company authorities pursuant to Local Rule 8(c)(4) cited in the memorandum in support of pltfs' settlement counsel's application for an award of attorneys' fees and reimbursement of expenses and the memorandum in support of final approval of settlement and plan of allocation of settlement proceeds w/attachments 1-7) (jb) Modified on 08/27/2002 (Entered: 08/27/2002)

08/26/2002 288 MEMORANDUM OF POINTS AND AUTHORITIES by pltfs in support of motion for final approval of settlement and plan of allocation of settlement proceeds [287-1] (jb) (Entered: 08/27/2002)

08/26/2002 289 MEMORANDUM OF POINTS AND AUTHORITIES by pltfs in support of pltfs' settlement counsel's application for an award of attorneys' fees and reimbursement of expenses [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 290 JOINT DECLARATION by pltfs of Amber L. Eck and Curtis Bowman in support of motion for final approval of settlement and plan of allocation of settlement proceeds [287-1] and application for an award of attorney's fees and reimbursement of expenses [287-2] (jb) (Entered: 08/27/2002)

08/26/2002 291 APPENDIX filed by pltfs of pltfs' counsel's declarations in support of application of reward of attorneys' fees and reimbursement of expenses [287-2] (w/attachments 1-10) (jb) (Entered: 08/27/2002)

08/26/2002 292 DECLARATION by pltfs of Jeffrey D. Light filed on behalf of Milberg Weiss Bershad Hynes & Lerach LLP in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 293 DECLARATION by pltfs of Steven E. Cauley in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 294 DECLARATION by pltfs of Douglas S. Johnston, Jr. in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 295 DECLARATION by pltfs of Stanley M. Chernau in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (jb) (Entered: 08/27/2002)

08/26/2002 296 DECLARATION by pltfs of Charles J. Piven in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 297 DECLARATION by pltfs of Andrew L. Barroway in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 298 DECLARATION by pltfs of Scott R. Shepherd in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 299 DECLARATION by pltfs of Aaron Brody in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 300 DECLARATION by pltfs of Joseph H. Weiss in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 301 DECLARATION by pltfs of Fred Taylor Isquith in support of application for award of attorneys' fees and reimbursement of expenses re [287-2] (w/attached exh. A) (jb) (Entered: 08/27/2002)

08/26/2002 PROPOSED Amended Partial Final Judgment and Order of Partial Dismissal with prejudice (jb) (Entered: 08/27/2002)

08/26/2002 PROPOSED Order awarding pltfs settlement counsel attorneys fees and reimbursement of expenses (jb) (Entered: 08/27/2002)

08/26/2002 PROPOSED Order approving plan of allocation of settlement proceeds (jb) (Entered: 08/27/2002)

08/26/2002 302 DECLARATION by pltfs of Cheryl Washington re A) mailing of notice of partial settlement of class action and proof of claim and release form and B) publication of summary notice (w/attachments A-D) (jb) (Entered: 08/27/2002)

08/26/2002 303 ORDER by Magistrate Judge Juliet E. Griffin: Pursuant to Judge Campbell's June 24 Order directing the entry of a new Scheduling Order, the ptys have agreed to the following schedule: Fact Discovery ddl set for 11/8/02. By 2/12/03, the ptys shall file any motions in limine and any motions objecting to expert testimony. Supplemental expert witness disclosures shall be made by 11/15/02. Expert witness disclosure statements shall not be supplemented after 11/15/02, absent leave of Court. Expert discovery ddl 12/20/02. All discovery motions ddl 1/10/03. (cc: all counsel) (EOD 8/27/02) (jb) (Entered: 08/27/2002)

09/06/2002 304 JOINDER by deft Thomas P. Lewis in objection of Ronald L. Edmonds to proposed "amended [proposed] partial final judgment and order of partial dismissal with prejudice [0-0] (jb) (Entered: 09/06/2002)

09/09/2002 305 OBJECTIONS by deft Ronald L. Edmonds to proposed "amended proposed partial final judgment and order of partial dismissal with prejudice [0-0] (jb) (Entered: 09/09/2002)

09/09/2002 306 CLERK'S RESUME: Fairness Hearing In Re: Settlement held 9/9/02. Fairness hearing held to address the pltfs' motion for final approval of settlement & plan of allocation of settlement proceeds. Order to enter. C/R: Jim Spence (jb) (Entered: 09/10/2002)

09/09/2002 307 ORDER by Judge Todd J. Campbell: Pending before the Court is pltfs' motion for final approval of settlement and plan of allocation of settlement proceeds [287-1] and application for an award of attys' fees and reimbursement of expenses [287-2]. Deft Edmonds has filed an objection to the amended proposed partial dismissal w/prejudice. Until the objection is resolved, or further information is provided about the pertinent shareholder opting out of the proposed settement, the Court cannot rule on the pending motions. (cc: all counsel) (EOD 9/10/02) (jb) (Entered:

09/10/2002)

09/17/2002 308 NOTICE by deft Ronald L. Edmonds of withdrawal of objection of Ronald L. Edmonds to amended proposed partial final judgment and order of partial dismissal with prejudice (jb) (Entered: 09/17/2002)

09/24/2002 309 NOTICE by deft Thomas P. Lewis of withdrawal of objection to proposed "amended [proposed] partial final judgment and order of partial dismissal with prejudice" (jb) (Entered: 09/25/2002)

09/26/2002 310 ORDER by Judge Todd J. Campbell: in light of the withdrawal of Ronald L. Edmonds' objection [308-1] and the withdrawal of Thomas P. Lewis' objection [309-1], the Court intends to grant the parties' motion for final approval of settlement plan of allocation and settlement proceeds and application of an award of attorneys' fees and reimbursement of expenses (DE #307) without another hearing unless the parties request a hearing by 10/9/02. (cc: all counsel) EOD 9/27/02 (vh) (Entered: 09/27/2002)

09/27/2002 311 CLERK'S RESUME: Oral Argument held 9/27/02 on ptys' pending motion for summary judgment DE #243 and motion for partial summary judgment DE #239. Order to enter. C/R: Jim Spence (jb) Modified on 09/30/2002 (Entered: 09/30/2002)

09/30/2002 312 AMENDED PARTIAL FINAL JUDGMENT AND ORDER by Judge Todd J. Campbell of partial dismissal with prejudice. This Judgement incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulaiton. The Court expressly directs the entry of final judgment as to the Released Claims against the Released Persons as set forth herein. (cc: all counsel) (EOD 9/30/02) (jb) (Entered: 09/30/2002)

09/30/2002 313 TRANSCRIPT filed of proceedings-motion for summary judgment before the Hon. Todd J. Campbell on 9/27/02. CR: James A. Spence (jb) (Entered: 09/30/2002)

10/02/2002 314 MEMORANDUM OF THE COURT (cc: all counsel) (EOD 10/2/02) (jb) (Entered: 10/02/2002)

10/02/2002 315 ORDER by Judge Todd J. Campbell: Pltf's motion to strike portion of deft KPMG's memorandum of law in support of mtn for summary judgment [258-1] and deft KPMG's motion to strike portions of pltfs' mtn for partial summary judgment [263-1] are denied. For the reasons stated in the accompanying memorandum [314-1], pltfs' motion for partial summary judgment [239-1] and deft KPMG's motion for summary judgment [243-1] are also denied. This case remains set for a jury trial on 3/4/03. Defts shall file on or before 10/15/02 a brief to show cause why defts' summary judgment pleadings filed under seal should not be made public. To the extent pltfs wish to respond to deft's brief, any response shall be filed on or before 10/22/02. (cc: all counsel) (EOD 10/2/02) (jb) (Entered: 10/02/2002)

10/11/2002 316 ORDER by Judge Todd J. Campbell approving plan of of allocation of settlement proceeds [287-1] (cc: all counsel) (EOD 10/11/02) (jb) (Entered: 10/11/2002)

10/11/2002 317 ORDER by Judge Todd J. Campbell awarding pltfs' settlement counsel attorneys' fees and reimbursement of expenses [287-2]. The Court awards pltfs' settlement counsel attys' fees in the amount of thirty percent of the Settlement Fund plus

litigation expenses incurred in an aggregate amount of $141,737.39 together with the interest earned thereon for the same period and at the same rate as that earned on the Settlement Fund until paid. (cc: all counsel) (EOD 10/11/02) (jb) (Entered: 10/11/2002)

10/15/2002 318 MEMORANDUM FILED by deft KPMG Peat Marwick pursuant to Order of 10/2/02 [315-1]. (dlt) (Entered: 10/16/2002)

10/18/2002 319 ORDER by Judge Todd J. Campbell: In light of the deft KPMG's memorandum [318-1] and the Court's discussion with counsel at the summary judgment hearing, the Court orders that all documents filed under seal in this action in connection with pltfs' motion for partial summary judgment [239-1] and deft's motion for summary judgment [243-1] including exhibits, shall be unsealed. (cc: all counsel) (EOD 10/21/02) (jb) (Entered: 10/21/2002)

10/25/2002 320 MOTION by pltfs for protective order (jb) (Entered: 10/25/2002)

10/30/2002 321 RESPONSE by deft KPMG Peat Marwick in opposition to pltfs' motion for protective order [320-1] (jb) (Entered: 10/30/2002)

11/04/2002 322 ORDER by Magistrate Judge Juliet E. Griffin: Telephone Conference held 10/31/02. Pltfs' motion for protective order [320-1] is denied. Deft KPMG shall be permitted to take a second deposition of Mr. Lewis, beginning at 10:30 a.m. on 11/4/02 in Memphis, prior to the deposition of Mr. Kelly beginning at 2:00 p.m. on issues related to the VisionAmerican documents that were in the Bankruptcy files. (cc: all counsel) (EOD 11/4/02) (jb) (Entered: 11/04/2002)

11/22/2002 323 MOTION by deft KPMG Peat Marwick for reconsideration of Order dated 10/2/02 denying KPMG's motion for summary judgment (w/attached exh. A) (jb) (Entered: 11/25/2002)

12/03/2002 324 ORDER by Judge Todd J. Campbell denying motion for reconsideration of Order dated 10/2/02 denying KPMG's for summary judgment [323-1] (cc: all counsel) (EOD 12/4/02) (jb) (Entered: 12/04/2002)

12/04/2002 325 MOTION by Baker Donelson Bearm to deny pltfs' mtn to compel & to quash pltfs' subpoena for production of documents . (w/ att'd proposed order) (Stricken from record per Order DE #329 and returned to counsel for Baker, Donelson, Bearman & Caldwell.) (dlt) Modified on 12/10/2002 (Entered: 12/05/2002)

12/04/2002 326 MEMORANDUM by miscellaneous Baker Donelson Bearm in support of motion to deny pltfs' mtn to compel [325-1] & to quash pltfs' subpoena for production of documents [325-2]. (Stricken from record per Order DE #329 and returned to counsel for Baker, Donelson, Bearman & Caldwell.) (dlt) Modified on 12/10/2002 (Entered: 12/05/2002)

12/04/2002 327 AFFIDAVIT of Robert Walker, Esq. re [326-1] (Stricken from record per Order DE #329 and returned to counsel for Baker, Donelson, Bearman & Caldwell.) (dlt) Modified on 12/10/2002 (Entered: 12/05/2002)

12/09/2002 328 NOTICE by pltfs of change regarding counsel of record at Milberg Weiss Bershad Hynes & Lerach LLP. All communications, pleadings and notices sent to Milberg Weiss should be directed to the attention of William S. Lerach, Amber L. Eck, & Mary K. Blasy and no longer to Katherine Blanck Radsan in Washington, D.C. (jb)

(Entered: 12/09/2002)

12/10/2002 329 ORDER by Magistrate Judge Juliet E. Griffin: The Clerk is directed to strike the motion to deny pltfs' motion to compel [325-1] and to quash pltfs' subpoena for production of documents [325-2] and accompanying filings [326-1] [327-1] from the docket in this case and retrun the filings to counsel for Baker, Donelson, Bearman & Caldwell. (cc: all counsel) (EOD 12/10/02) (jb) (Entered: 12/10/2002)

01/15/2003 330 ORDER by Magistrate Judge Juliet E. Griffin terminating case referral to Magistrate Judge Juliet E. Griffin (cc: all counsel) (EOD 1/15/03) (jb) (Entered: 01/15/2003)

02/12/2003 331 MOTION by KPMG Peat Marwick to decertify the class , or to amend conditional class certification (w/attachments A & B) (gi) (Entered: 02/13/2003)

02/12/2003 332 MEMORANDUM by KPMG Peat Marwick in support of motion to decertify the class [331-1], or to amend conditional class certification [331-2] (gi) (Entered: 02/13/2003)

02/12/2003 333 MOTION by KPMG Peat Marwick in limine to preclude reference to unrelated suits or scandals involving accounting firms or the accounting industry, references to the Sarbanes-Oxley Act, and use of the phrase "Public Watchdog" (gi) (Entered: 02/13/2003)

02/12/2003 334 MEMORANDUM by KPMG Peat Marwick in support of motion in limine [333-1] to preclude reference to unrelated suits or scandals involving accounting firms or the accounting industry, references to the Sarbanes-Oxley Act and use of the phrase "Public Watchdog" (w/attachments) (gi) (Entered: 02/13/2003)

02/12/2003 335 MOTION by KPMG Peat Marwick in limine to preclude testimony regarding aggregate damages (w/attachment A) (gi) (Entered: 02/13/2003)

02/12/2003 336 MEMORANDUM by KPMG Peat Marwick in support of motion in limine [335-1] to preclude testimony regarding aggregate damages (w/attachments 1-6) (gi) (Entered: 02/13/2003)

02/12/2003 337 MOTION by KPMG Peat Marwick in limine to preclude Scott D. Hakala's testimony (w/attachment 1) (gi) (Entered: 02/13/2003)

02/12/2003 338 MEMORANDUM by KPMG Peat Marwick in support of motion in limine [337-1] to preclude Scott D. Hakala's testimony (w/attachments 1-3) (gi) (Entered: 02/13/2003)

02/12/2003 339 MOTION by KPMG Peat Marwick in limine to exclude Victor Moore's testimony (gi) (Entered: 02/13/2003)

02/12/2003 340 MEMORANDUM by KPMG Peat Marwick in support of motion in limine [339-1] to exclude Victor Moore's testimony (w/attachments) (gi) (Entered: 02/13/2003)

02/12/2003 341 APPENDIX (A-C) of Evidence filed by KPMG Peat Marwick re [339-1] (gi) (Entered: 02/13/2003)

02/12/2003 342 MOTION by KPMG Peat Marwick in limine to preclude reference to KPMG LLC's audit of VisionAmerica's 1999 financial statements (gi) (Entered: 02/13/2003)

02/12/2003 343 MEMORANDUM by KPMG Peat Marwick in support of motion in limine [342-1] to preclude reference to KPMG LLP's audit of VisionAmerica's 1999 financial statements (w/attachment A) (gi) (Entered: 02/13/2003)

02/12/2003 344 MOTION by KPMG Peat Marwick in limine to exclude all references to the Draft Report prepared by Ernst & Young (gi) (Entered: 02/13/2003)

02/12/2003 345 MEMORANDUM by KPMG Peat Marwick in support of motion in limine [344-1] to exclude all references to the Draft Report prepared by Ernst & Young (gi) (Entered: 02/13/2003)

02/12/2003 346 APPENDIX (1-8) of Evidence filed by KPMG Peat Marwick re [344-1] (gi) (Entered: 02/13/2003)

02/12/2003 347 APPENDIX of Legal Authorities filed by KPMG Peat Marwick re [344-1] (gi) (Entered: 02/13/2003)

02/12/2003 348 MOTION by KPMG Peat Marwick in limine to exclude the admission of the deposition transcript of lead pltfs, KPMG witnesses and former Vision America officers (w/attachments A & B) (gi) (Entered: 02/13/2003)

02/12/2003 349 MEMORANDUM by KPMG Peat Marwick in support of motion in limine [348-1] to exclude the admission of the deposition transcripts of lead pltfs, KPMG witnesses and former Vision America officers (w/attachments) (gi) (Entered: 02/13/2003)

02/12/2003 350 MOTION by KPMG Peat Marwick for oral argument on pending mtns (mtn to decertify [331-1] or amend [331-2] and mtns in limine [333-1][335-1][337-1][339-1][342-1][344-1][348-1]) (gi) (Entered: 02/13/2003)

02/12/2003 351 MOTION by KPMG Peat Marwick to compel , and for sanctions re pltfs'inadequate pretrial disclosures (gi) (Entered: 02/13/2003)

02/12/2003 352 MEMORANDUM by KPMG Peat Marwick in support of motion to compel [351-1], and for sanctions [351-2] re pltfs' inadequate pretrial disclosures (w/attachments 1-4) (gi) (Entered: 02/13/2003)

02/12/2003 353 MOTION by KPMG Peat Marwick for expedited hearing on mtn to compel [351-1] and for sanctions [351-2] (gi) (Entered: 02/13/2003)

02/12/2003 354 MOTION by pltfs in limine to bar evidence or argument on selective deft's initial disclosures (gi) (Entered: 02/13/2003)

02/12/2003 355 MEMORANDUM by pltfs in support of motion in limine [354-1] to bar evidence or argument on selective deft's initial disclosures (w/attached exhibits A-F) (gi) (Entered: 02/13/2003)

02/12/2003 356 MOTION by pltfs to exclude testimony of John I. Hirshleifer (gi) (Entered: 02/13/2003)

02/12/2003 357 MEMORANDUM by pltfs in support of motion to exclude testimony of John I. Hirshleifer [356-1] (w/attached cy of afdt of Scott D. Hakala) (gi) (Entered: 02/13/2003)

02/13/2003 358 SUPPLEMENTAL EXHIBIT by KPMG Peat Marwick in support of mtn in limine

to exclude Victor Moore's testimony [339-1] (gi) (Entered: 02/13/2003)

02/14/2003 359 REVISED CERTIFICATE by deft KPMG Peat Marwick of mailing of documents w/attached exh. A (jb) (Entered: 02/18/2003)

02/14/2003 360 NOTICE by pltfs of late filed exhibits to pltfs' memorandum of law in support of their motion to exclude testimony of John I. Hirshleifer (w/attached exhs. A & B) (jb) (Entered: 02/18/2003)

02/18/2003 361 MOTION by pltfs for oral argument (jb) (Entered: 02/19/2003)

02/19/2003 362 MOTION by deft KPMG Peat Marwick to strike affidavit of Scott D. Hakala as a supplement to his expert report and to limit Hakala's testimony to his report (jb) (Entered: 02/20/2003)

02/19/2003 363 MEMORANDUM by deft KPMG Peat Marwick in support of motion to strike affidavit of Scott D. Hakala as a supplement to his expert report [362-1] and to limit Hakala's testimony to his report [362-2] (w/attached exh 1) (jb) (Entered: 02/20/2003)

02/19/2003 364 RESPONSE by deft KPMG Peat Marwick in opposition to pltfs' motion in limine to bar evidence or arguments on selective deft's initial disclosures [354-1] (w/attached exhs. 1-10) (jb) (Entered: 02/20/2003)

02/19/2003 365 NOTICE by deft KPMG Peat Marwick of filing of KPMG's attached proposed jury instructions and verdict form (jb) (Entered: 02/20/2003)

02/19/2003 366 JURY INSTRUCTIONS Nos. 1-30 submitted by deft KPMG Peat Marwick (jb) (Entered: 02/20/2003)

02/19/2003 367 PROPOSED SPECIAL VERDIT FORM by deft KPMG Peat Marwick (jb) (Entered: 02/20/2003)

02/19/2003 368 RESPONSE by deft KPMG Peat Marwick to pltfs' motion to exclude testimony of John I. Hirshleifer [356-1] (w/attached exhs. A-C) (jb) (Entered: 02/20/2003)

02/19/2003 369 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of Steve Sapp's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 370 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of Brad Benton's deposition (w/attachemtn) (jb) (Entered: 02/20/2003)

02/19/2003 371 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Cassandra Speier's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 372 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of Robert Kelly's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 373 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of Donald Beisner's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 374 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Alan Leck's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 375 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Thomas Lewis' deposition (Vol. 1) (w/attachment) (jb) (Entered: 02/20/2003)



02/19/2003 378 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Kelly Crowe's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 379 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Robert C. Kelly's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 380 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Barry E. Reifler's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 381 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Donald Beisner's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 382 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of Ashley Willson's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 383 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of David Betsill's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 384 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of Heather Kellum's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 385 OBJECTIONS by deft KPMG Peat Marwick to pltfs' designation of Barry Reifler's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 386 OBJECTIONS by deft KPMG Peat Marwick to the cross-designation of Andrew Miller's deposition (w/attachment) (jb) (Entered: 02/20/2003)

02/19/2003 387 RESPONSE by pltfs to KPMG's motion to decertify the class [331-1] or, in the alternative, to amend conditional class certification [331-2] (w/attached exh. A) (jb) (Entered: 02/20/2003)

02/19/2003 388 RESPONSE by pltfs to KPMG's motion in limine to preclude reference to unrelated suits or scandals involving accounting firms or the accounting industry, references to the Sarbanes-Oxley Act, and use of the phrase "public watchdog" [333-1] (jb) (Entered: 02/20/2003)

02/19/2003 389 RESPONSE by pltfs to deft's motion in limine to preclude testimony regarding aggregate damages [335-1] (w/attached exhs. A-C) (jb) (Entered: 02/20/2003)

02/19/2003 390 RESPONSE by pltfs to deft's motion in limine to preclude Scott D. Hakala's testimony [337-1] (w/attached exhs. A & B) (jb) (Entered: 02/20/2003)

02/19/2003 391 RESPONSE by pltfs to KPMG's motion to exclude testimony of Victor Moore [339-1] (w/attached exhs. 1 & 2) (jb) (Entered: 02/20/2003)

02/19/2003 392 AFFIDAVIT of Victor C. Moore re [391-1] (jb) (Entered: 02/20/2003)

02/19/2003 393 RESPONSE by pltfs to deft's motion in limine to preclude reference to KPMG LLP's audit of VisionAmerica's 1999 Financial statements [342-1] (jb) (Entered: 02/20/2003)

02/19/2003 394 MEMORANDUM by pltfs in opposition to KPMG's motion in limine to exclude all references to the draft report prepared by Ernst & Young [344-1] (w/attached exhs. 1-11) (jb) (Entered: 02/20/2003)

02/19/2003 395 RESPONSE by pltfs to KPMG's motion in limine to exclude the admission of the deposition transcripts of lead pltfs, KPMG witnesses, and former VisionAmerica officers [348-1] (jb) (Entered: 02/20/2003)

02/19/2003 396 RESPONSE by pltfs to KPMG's motion to compel [351-1] and for sanctions regarding pltfs' inadequate pretrial disclosures [351-2] (jb) (Entered: 02/20/2003)

02/19/2003 397 NOTICE by pltfs of filing the attached joint proposed pretrial order and pltfs' proposed jury instructions and jury verdict form (w/attached exhs. A & B) jury verdict form (jb) (Entered: 02/20/2003)

02/19/2003 398 PROPOSED JURY VERDICT FORM by pltfs (jb) (Entered: 02/20/2003)

02/19/2003 399 JURY INSTRUCTIONS submitted by pltfs (jb) (Entered: 02/20/2003)

02/20/2003 PROPOSED (Draft) Pretrial Order (jb) (Entered: 02/20/2003)

02/20/2003 400 NOTICE by deft KPMG Peat Marwick of late-filed exhibits to (Draft) Pretrial Order submitted to the Court on 2/19/03 (w/attached exhs. A & B) (jb) (Entered: 02/21/2003)

02/21/2003 401 NOTICE by deft KPMG Peat Marwick of additional trial procedure issues to be discussed at the pre-trial conference (w/attached exh. A) (jb) (Entered: 02/24/2003)

02/21/2003 402 NOTICE by pltfs of filing the supplemental authority in support of two responses filed by pltfs on 2/19/03 (1) Pltfs' response to deft's motion in limine to preclude testimony regarding aggregate damages; and (2) Pltfs' response to deft's motion in limine to preclude Scott D. Hakala's testimony (w/attachment) (jb) (Entered: 02/24/2003)

02/21/2003 PROPOSED Joint Proposed Pretrial Order (w/attached exhs. 1-3, A-D) (jb) (Entered: 02/24/2003)

02/21/2003 403 PROPOSED JURY INSTRUCTIONS Nos. 1-28 submitted by pltfs (jb) (Entered: 02/24/2003)

02/21/2003 404 PROPOSED JURY VERDICT FORM by pltfs (jb) (Entered: 02/24/2003)

02/21/2003 405 PROPOSED CIVIL JURY CHARGE by pltfs (jb) (Entered: 02/24/2003)

02/24/2003 406 NOTICE by pltfs Stanley Kantanie & Jonathan Preiser of withdrawal as lead pltfs and class representatives (jb) (Entered: 02/24/2003)

02/24/2003 407 MOTION by pltf for attorney Steven A. Owings to appear pro hac vice (w/attached copy of certificate of good standing) (jb) (Entered: 02/24/2003)

02/24/2003 408 NOTICE by pltfs of filing the attached original affidavit of Scott D. Hakala, PHD, CFA (jb) (Entered: 02/24/2003)

02/24/2003 409 AFFIDAVIT of Scott D. Hakala, PHD, CFA re [408-1] (w/attached exh A) (jb) (Entered: 02/24/2003)

02/24/2003 410 CLERK'S RESUME: Pretrial Conference held 2/24/03. Pending motions discussed. Order to enter. C/R: Jim Spence (jb) (Entered: 02/25/2003)

02/24/2003 411 MOTION by deft KPMG Peat Marwick to use juror questionnaire (w/attached exh 1) (jb) (Entered: 02/25/2003)

02/24/2003 412 MEMORANDUM by deft KPMG Peat Marwick in support of motion to use juror questionnaire [411-1] (jb) (Entered: 02/25/2003)

02/25/2003 413 ORDER by Judge Todd J. Campbell: Pretrial Conference held 2/24/03. Deft's motion for oral argument on pending mtns [350-1] and pltfs' motion for oral argument [361-1] were granted, and the Court heard argument at the pretrial conference. Deft's motion for expedited hearing [353-1] is moot. Deft's motion to decertify the class [331-1] or to amend conditional class certification [331-2] is denied. Deft's motions in limine concerning expert testimony [339-1] and Pltf's motion to exclude testimony of John I. Hirshleifer [356-1] are taken under advisement pending a Daubert hearing for each witness, to be heard in advance of the witness' testimony at trial, either the afternoon or the morning of the testimony. Deft's motion in limine [333-1] is granted in part and denied in part. Deft's motion in limine [342-1] is granted in part an denied in part. Deft's motion in limine [344-1] is granted, except as to use of the report with pltf's expert, which is reserved until the Daubert hearings. Deft's motion in limine [348-1] is moot. Deft's motion in limine [335-1] is taken under advisement until the Daubert hearings. Deft's motion to compel [351-1] is granted in part and denied in part. Deft's motion for sanctions [351-2] is denied. The ptys shall attempt to work out their disagreements concerning deposition designations and, to the extent they are unable to do so, file the depositions at issue with the Court, along with their separate positions, no later than noon 3/3/03. Pltfs' motion in limine [354-1] is denied. Deft's motion to strike affidavit of D. Hakala as a supplement to his expert report [362-1] and to limit Hakala's testimony to report [362-2] is granted. Deft's motion to use juror questionnaire [411-1] is taken under advisement. Pltfs shall file a response to this motion on or before 2/26/03. The ptys shall give to each other 2 days notice as to which witnesses and exhibitss they will be using at trial or explain why that notice cannot be given. (cc: all counsel) (EOD 2/25/03) (jb) Modified on 02/25/2003 (Entered: 02/25/2003)

02/26/2003 414 ORDER by Judge Todd J. Campbell: Because of an ongoing civil trial which will be completed by 3/7/03, the jury trial reset for 9:00 a.m. on 3/10/03 . Deft's motion to use juror questionnaire [411] is granted. Any proposed questions shall be filed by 2/27/03. Counsel for the parties shall appear in Court on 3/4/03, at 8:30 a.m. when the Court will administer a Jury Questionnaire to potential jurors for this case. Once the potential jurors have completed the Juror Questionnaire & returned it to the Jury Administrator, they will be dismissed to return on 3/10/03 for jury selection in this case. All other ddls & orders previously entered by the Court remain in effect. EOD 2/27/03 (cc: all counsel) (dlt) (Entered: 02/27/2003)

02/26/2003 415 RESPONSE by pltfs to jury questionnaire [411-1] (gi) (Entered: 02/27/2003)

02/27/2003 416 NOTICE by class pltfs and deft KPMG of filing agreed juror questionnaire (as attached exhibit 1) (gi) (Entered: 02/28/2003)

02/28/2003 417 TRANSCRIPT filed of proceedings-pretrial conference and motions in limine

hearing before the Hon. Todd J. Campbell on 2/24/03; CR: James Spence (jb) (Entered: 03/03/2003)

02/28/2003 418 NOTICE by pltfs of filing of the attached original certificate of good standing for Steve A. Owings from the USDC/ED & WD/AR (jb) (Entered: 03/03/2003)

02/28/2003 419 CERTIFICATE of Good Standing filed by pltfs for Steve A. Owings from USDC/ED & WD/AR (jb) (Entered: 03/03/2003)

02/28/2003 420 MOTION by pltfs in limine to bar evidence not timely produced (jb) (Entered: 03/03/2003)

02/28/2003 421 MEMORANDUM OF LAW by pltfs in support of motion in limine to bar evidence not timely produced [420-1] (w/attached exhs. A-C) (jb) (Entered: 03/03/2003)

03/03/2003 422 ORDER by Judge Todd J. Campbell: Because of a pending criminal matter which unexpectedly must be tried in this Court on 3/11/03, the jury trial of this action must be continued. The administration of the juror questionnaire, scheduled for 3/4/04, is also continued. The Courtroom Deputy will be in touch with counsel for the ptys in order to reschedule these proceedings. (cc: all counsel) (EOD 3/3/03) (jb) (Entered: 03/03/2003)

03/03/2003 423 MOTION by pltfs to permit the deposition testiony of Vision America Board Member Donald Beisner (w/attachment) (jb) (Entered: 03/03/2003)

03/03/2003 424 MOTION by deft KPMG Peat Marwick to exclude deposition testimony of Donald H. Beisner, M.D. (w/attached exhs. 1-6) (jb) (Entered: 03/03/2003)

03/03/2003 425 MEMORANDUM by deft KPMG Peat Marwick in support of motion to exclude deposition testimony of Donald H. Beisner, M.D. [424-1] (jb) (Entered: 03/03/2003)

03/05/2003 426 ORDER by Judge Todd J. Campbell: Jury Trial is reset for 9:00 6/9/03. The Court will summon potential jurors and administer a juror questionnaire on 6/6/03 at 9:00 a.m. Absent extraordinary circumstances, the trial will be completed by 6/20/03. Any supplemental pretrial documents shall be filed with the Court no later than 6/4/03. (cc: all counsel) (EOD 3/5/03) (jb) (Entered: 03/05/2003)

03/14/2003 427 MOTION by pltfs to reopen limited discovery regarding the Ernst & Young Report (jb) (Entered: 03/17/2003)

03/14/2003 428 MEMORANDUM by pltfs in support of motion to reopen limited discovery regarding the Ernst & Young Report [427-1] (w/attached exhs. 1 & 2) (jb) (Entered: 03/17/2003)

03/14/2003 429 RESPONSE by deft KPMG Peat Marwick in opposition to pltfs' motion in limine to bar evidence not timely produced [420-1] (w/attached exhs. 1-3) (jb) (Entered: 03/17/2003)

03/17/2003 430 RESPONSE by deft KPMG Peat Marwick to motion to permit the deposition testiony of Vision America Board Member Donald Beisner [423-1] (w/attached exh 1) (jb) (Entered: 03/18/2003)

03/28/2003 431 RESPONSE by deft KPMG Peat Marwick in opposition to pltfs' motion to reopen limited discovery regarding the Ernst & Young Report (w/attached exhs. 1-3) (jb)

(Entered: 03/31/2003)

04/21/2003 432 TRANSCRIPT filed of proceedings-proposed fairness hearing before the Hon. Todd J. Campbell on 9/9/02; CR: James Spence (jb) (Entered: 04/22/2003)

05/05/2003 433 NOTICE by pltfs of settlement (jb) (Entered: 05/05/2003)

06/06/2003 434 NOTICE by pltfs of filing the attached memorandum of understanding executed on 6/4/03 in counterparts (jb) (Entered: 06/06/2003)

06/09/2003 435 CLERK'S RESUME: Status conference held 6/9/03 to inform the Court of the present stage of compromise & settlement. Order to enter regarding ddl for filing of final settlement documents. C/R: Jim Spence (gi) (Entered: 06/09/2003)

06/09/2003 436 ORDER by Judge Todd J. Campbell: By 6/16/03 parties shall file the final settlement documents and a mtn for preliminay approval thereof or file a written explanation as to why such documents cannot yet be filed. When parties submit said mtn, they should include a proposed time line for the preliminary approval hearing, final approval hearing and any other matters which must come before the Court. EOD 6/9/03 (cc: all counsel) (gi) (Entered: 06/09/2003)

06/16/2003 437 JOINT MOTION by pltfs defts for preliminary approval of the proposed settlement (jb) (Entered: 06/17/2003)

06/16/2003 438 MEMORANDUM by pltfs in support of motion for preliminary approval of class action settlement [437-1] (w/attached exh 1) (jb) (Entered: 06/17/2003)

06/16/2003 439 STIPULATION of Settlement (jb) (Entered: 06/17/2003)

06/17/2003 440 ORDER by Judge Todd J. Campbell: Pending before the Court is a joint motion for preliminary approval of the proposed settlement [437-1]. The Court will hold a hearing on the motion on 6/30/03 at 3:30 p.m. EOD 6/18/03 (cc: all counsel) (dlt) (Entered: 06/18/2003)

06/30/2003 441 CLERK'S RESUME: Hearing held 6/30/03 on motion for preliminary approval of the proposed settlement [437-1]. Ddls reviewed; mtn granted. Order to enter. C/R: John Tummel (gi) (Entered: 07/01/2003)

07/01/2003 442 ORDER by Judge Todd J. Campbell granting motion for preliminary approval of the proposed settlement [437-1]. The Court preliminarily approves the stipulation and settlement as being fair, just, reasonable and adequate as to the settlement class members, subject to further consideration at the settlement hearing. Settlement hearing set for 8:00 on 8/29/03. EOD 7/1/03 (cc: all counsel, faxed to local counsel) (gi) (Entered: 07/01/2003)

08/15/2003 443 MOTION by pltfs for final approval of class action settlement (w/attached exh A-Declaration & exh B-proposed order) (jb) (Entered: 08/18/2003)

08/15/2003 444 DECLARATION by pltfs of S. Gene Cauley in support of approval of the proposed class action settlement [443-1] (jb) (Entered: 08/18/2003)

08/15/2003 445 MEMORANDUM by pltfs in support of motion for final approval of class action settlement [443-1] (w/attached exhs A, A-E) (jb) (Entered: 08/18/2003)

08/15/2003 446 AFFIDAVIT of Anya Verkhovskaya-Cohen re [443-1] (jb) (Entered: 08/18/2003)

08/15/2003 447 MOTION by pltfs for approval of attorneys' fees and reimbursement of expenses (w/attached proposed order) (jb) (Entered: 08/18/2003)

08/15/2003 448 MEMORANDUM by pltfs in support of motion for approval of attorneys' fees and reimbursement of expenses [447-1] (w/attached exhs A-C) (jb) (Entered: 08/18/2003)

08/15/2003 449 DECLARATION by pltfs of S. Gene Cauley in support of petition for application for an award of attorney's fees and reimbursement of expenses [447-1] (jb) (Entered: 08/18/2003)

08/15/2003 450 DECLARATION by pltfs of Stanley M. Chernau in support of application for award of attorneys' fees and reimbursement of expenses [447-1] (w/attached exhs 1 & 2) (jb) (Entered: 08/18/2003)

08/15/2003 451 DECLARATION by pltfs of Daniel W. Krasner in support of petition for reimbursement of expenses [447-1] (jb) (Entered: 08/18/2003)

08/29/2003 452 ORDER by Judge Todd J. Campbell granting motion for approval of attorneys' fees and reimbursement of expenses [447-1]. The Court awards pltfs' counsel attys' fees in the amount of 31.4% of the Settlement Fund plus litigation expenses of $632,184.06, the total of which shall not exceed 50% of the Settlement Fund, together with the interest earned thereon for the same period at the same rate as that earned on the Settlement Fund until paid. Attys' fees and expenses sahll be paid to pltfs' counsel immediately after the date this Order is executed subject to the terms, conditions and obligations of the Stipulation as incorporated herein. (cc: all counsel) (EOD 8/29/03) (jb) (Entered: 08/29/2003)

08/29/2003 453 ORDER by Judge Todd J. Campbell: The following pending motions are moot in light of the settlement amoung the ptys: motions in limine [335-1] [337-1] [339-1]; motion to exclude testimony of John I. Hirshleifer [356-1]; motion in limine to bar evidence not timely produced [420-1]; motion to permit the deposition testiony of Vision America Board Member Donald Beisner [423-1]; motion to exclude deposition testimony of Donald H. Beisner, M.D. [424-1]; & motion to reopen limited discovery regarding the Ernst & Young Report [427-1]. The motion for Steven A. Owings to appear pro hac vice [407-1] is granted. (cc: all counsel) (EOD 8/29/03) (jb) (Entered: 08/29/2003)

08/29/2003 454 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE by Judge Todd J. Campbell granting motion for final approval of class action settlement [443-1] as set forth in the Stipulation of Settlement dated as of 6/30/03. The Clerk is directed to close the file. Terminating case. (cc: all counsel) (EOD 8/29/03) (jb) (Entered: 08/29/2003)

05/19/2004 455 MOTION by pltfs for an order authorizing the distribution of the settlement fund (w/attached exhibits 1 & 2) (km) (Entered: 05/19/2004)

05/19/2004 456 MEMORANDUM by pltfs in support of motion for an order authorizing the distribution of the settlement fund [455-1] (w/attached exhibits A-O) (km) (Entered: 05/19/2004)

05/21/2004 457 ORDER by Judge Todd J. Campbell granting motion for an order authorizing the distribution of the settlement fund [455-1] (cc: all counsel) (EOD 5/21/04) (jb)

(Entered: 05/21/2004)

06/04/2004 458 MOTION by deft KPMG Peat Marwick to amend order authorizing distribution of the settlement fund (w/attached exhs. 1 & 2) (jb) (Entered: 06/04/2004)

06/18/2004 459 RESPONSE by pltfs in opposition to KPMG's motion to amend order authorizing distribution of the settlement fund [458-1] (jb) (Entered: 06/21/2004)

06/24/2004 460 ORDER by Judge Todd J. Campbell denying motion to amend order authorizing distribution of the settlement fund [458-1] for reasons stated in pltf's opposition (Docket No. 459). (EOD 6/24/04) (cc: all counsel) (km) (Entered: 06/24/2004)

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