u.s. district court southern district of new york (foley...

US District Court Civil Docket as of 10/05/2004 Retrieved from the court on Thursday, August 25, 2005

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:99-cv-03023-PKC

Vulcan International, et al v. The Goldman Sachs, et al Assigned to: Judge P. Kevin Castel Demand: $0 Cause: 15:77 Securities Fraud

Date Filed: 04/27/1999 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff Vulcan International Corporation TERMINATED: 03/18/2002

represented by Bernard M. Gross The Law Office of Bernard M. Gross, P.C. 1515 Locust Street 2nd Floor Philadelphia, PA 19102 (215) 561-3600 TERMINATED: 03/18/2002 LEAD ATTORNEY Deborah Gross Law Offices of Bernard M. Gross, P.C. 1515 Walnut Street Philadelphia, PA 19106 (215) 561-3600 LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald B. Lewis Law Offices of Donald B. Lewis 5 Cynwyd Road Bala Cynwyd, PA 19004 (610) 668-0331 TERMINATED: 03/18/2002 LEAD ATTORNEY Kurt Olsen The Olsen Law Firm 2201 North Oak Court Arlington, VA 22209 (703) 351-5199 TERMINATED: 03/18/2002 LEAD ATTORNEY Lawrence Deutsch

Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 (215) 875-3000 TERMINATED: 03/18/2002 LEAD ATTORNEY Thomas D. Gettler 950 Third Avenue 17th Floor New York, NY 10022 (212) 935-0884 TERMINATED: 03/18/2002 LEAD ATTORNEY Todd S. Collins Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 (215) 875-3000 TERMINATED: 03/18/2002 LEAD ATTORNEY

V.

Defendant

The Goldman Sachs Group, L.P. represented by Gandolfo Vincent DiBlasi Sullivan and Cromwell, LLP(NYC) 125 Broad Street NY, NY 10007 (212)558-3836 Fax: (212)-558-3588 Email: [email protected] LEAD ATTORNEY Robinson B. Lacy Sullivan & Cromwell 125 Broad Street New York, NY 10004-2498 (212) 558-4000 Email: [email protected] LEAD ATTORNEY

Defendant

Goldman, Sachs & Co. represented by Gandolfo Vincent DiBlasi (See above for address) LEAD ATTORNEY

Robinson B. Lacy (See above for address) LEAD ATTORNEY

Defendant

Morgan Stanley & Co. represented by Gandolfo Vincent DiBlasi (See above for address) LEAD ATTORNEY Robinson B. Lacy (See above for address) LEAD ATTORNEY

Defendant

Cowen & Company represented by Gandolfo Vincent DiBlasi (See above for address) LEAD ATTORNEY Robinson B. Lacy (See above for address) LEAD ATTORNEY

Defendant

Schroder & Co. Inc. represented by Gandolfo Vincent DiBlasi (See above for address) LEAD ATTORNEY Robinson Burrell Lacy Sullivan and Cromwell, LLP(NYC) 125 Broad Street NY, NY 10007 (212) 558-3879 Fax: (212) 558-3588 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

AMF Bowling, Inc. represented by Paul Vizcarrondo, Jr. Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 (212) 403-1000 Email: [email protected] LEAD ATTORNEY

Defendant

Richard A. Friedman represented by Paul Vizcarrondo, Jr. (See above for address) LEAD ATTORNEY

Defendant

Douglas J. Standard represented by Mark L. Weyman Anderson, Kill, Olick & Oshinsky P.C. 1251 Avenue of the Americas New York, NY 10020 (212) 278-1000 TERMINATED: 03/08/2002 LEAD ATTORNEY Michael J. Chepiga Simpson, Thacher & Bartlett 425 Lexington Avenue New York, NY 10017 (212)455-2000 Email: [email protected] LEAD ATTORNEY Michael J. Chepiga Simpson, Thacher & Bartlett, L.L.P. 425 Lexington Avenue New York, NY 10017-3954 (212) 455-2000 LEAD ATTORNEY William Michael Regan Simpson, Thacher & Bartlett 425 Lexington Avenue New York, NY 10017-3954 (212) 455-2000 LEAD ATTORNEY

Plaintiff

Jacob Salzman represented by Bernard M. Gross (See above for address) LEAD ATTORNEY Deborah Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Todd S. Collins (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Alan E. Bennett TERMINATED: 03/18/2002

represented by Bernard M. Gross (See above for address) TERMINATED: 03/18/2002 LEAD ATTORNEY Deborah Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Todd S. Collins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Hal Pugach represented by Bernard M. Gross (See above for address) LEAD ATTORNEY Deborah Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Todd S. Collins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Louis Karp TERMINATED: 03/18/2002

represented by Bernard M. Gross (See above for address) TERMINATED: 03/18/2002 LEAD ATTORNEY Deborah Gross (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Todd S. Collins (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Gary Murray TERMINATED: 03/18/2002


Plaintiff

Jean Murray TERMINATED: 03/18/2002


Date Filed # Docket Text

04/27/1999 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 343205. (em) (Entered: 05/03/1999)

04/27/1999 2 RULE 1.9 CERTIFICATE filed by Vulcan International Corporation. (em) (Entered: 05/03/1999)

04/27/1999 Magistrate Judge Ellis is so Designated. (em) (Entered: 05/03/1999)

05/05/1999 3 RETURN OF SERVICE executed as to Morgan Stanley & Co. by John Plotnick on

4/29/99 Answer due on 5/19/99 for Morgan Stanley & Co. (cd) (Entered: 05/06/1999)

05/05/1999 4 RETURN OF SERVICE executed as to Goldman, Sachs & Co. by Joanne Cook on 4/28/99 Answer due on 5/18/99 for Goldman, Sachs & Co. (cd) (Entered: 05/06/1999)

05/05/1999 5 RETURN OF SERVICE executed as to Cowen & Company by Tammy Eisenberg on 4/28/99 Answer due on 5/18/99 for Cowen & Company (cd) (Entered: 05/06/1999)

05/05/1999 6 RETURN OF SERVICE executed as to Schroder & Co. Inc. by Mark Grewe on 4/29/99 Answer due on 5/19/99 for Schroder & Co. Inc. (cd) (Entered: 05/06/1999)

05/05/1999 7 RETURN OF SERVICE executed as to The Goldman Sachs by Joanne Cook on 4/28/99 Answer due on 5/18/99 for The Goldman Sachs (cd) (Entered: 05/06/1999)

05/06/1999 8 Letter to Thomas D. Gettler from Anne Sherlock, Secretary to Judge Baer dated 5/5/99 re Pre-Trial Conference at 3:45pm on 6/24/99, in Room 2230. (ri) (Entered: 05/06/1999)

05/10/1999 9 RETURN OF SERVICE executed as to Richard A. Friedman c/o AMF Bowling Inc., left with current employer, however person found in charge, Dan McCormick stated he was not accepting service for Mr. Friedman on 4/30/99; Answer due on 5/20/99 for Richard A. Friedman (ri) (Entered: 05/11/1999)

05/10/1999 10 RETURN OF SERVICE executed as to Douglas J. Standard personally on 4/29/99; Answer due on 5/19/99 for Douglas J. Standard (ri) (Entered: 05/11/1999)

05/10/1999 11 RETURN OF SERVICE executed as to AMF Bowling, Inc. by Dan McCormick, legal dept. on 4/30/99; Answer due on 5/20/99 for AMF Bowling, Inc. (ri) (Entered: 05/11/1999)

05/26/1999 12 Filed Memo-Endorsement on letter addressed to Judge Baer from Thomas D. Gettler, dated 5/20/99; counsel for the pltff writes to request a short adjournment, to 7/1/99 of the 6/24/99 pretrial conference. Application Granted. Call Chambers for time allow 30-40 minutes, 7/1/99 at 2:15 p.m. ( signed by Judge Harold Baer Jr. ) (jp) (Entered: 05/27/1999)

06/01/1999 13 STIPULATION and ORDER, that the time for the defendants to answer, move against or otherwise respond to the complaint in this action is extended until 60 days after the later of the appointment of lead counsel for plaintiffs or the filing of an amended complaint in this action ; That nothing herein shall be deemed to constitute a waiver of any defense or objection that defendants may have with respect to the claims set forth in the complaint; This will in no way effect the 7/1/99 PTC and all parties are to appear and be familiar with the case and any problems (signed by Judge Harold Baer Jr.) (ri) Modified on 06/03/1999 (Entered: 06/01/1999)

06/25/1999 14 ORDER; the plaintiffs' motion for admission to practice pro hac vice in this case is granted. The admitted attorneys, Todd S. Collins and Lawrence Deutsch, are permitted to argue or try this particular case in whole or in part as counsel. Each such attorney admitted to practice pro hac vice is required to pay a $25.00 attorney admission fee and present this Order to the intake deputy clerk in the Clerk's Office

10 business days ; the attorneys admitted pro hac vice serve a copy of this Order on all other counsel in is case ( signed by Judge Harold Baer Jr. ); Copies mailed; sent a copy to Attorney Admissions Clerk (pl) Modified on 06/29/1999 (Entered: 06/25/1999)

06/25/1999 15 NOTICE OF MOTION by Vulcan International for an order, purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Section 78u-4, appointing the following persons to serve as Lead Pltffs in this securities litigation: Vulcan Internation Corp., Alan E. Bennett, Hal Pugach, Jacob Salzmann, Louis Karp and Gary and Jean Murray ; and for an order, approving the AMF pltffs Group's choice as Co-Lead Counsel of Berger & Montague, P.C. and Law Offices Bernard M. Gross, P.C. and as Liaison Counsel, the Law Office of Thomas D. Gettler. Return date 7/13/99. Affidavit of Thomas D. Gettler in support attached. (sac) (Entered: 06/28/1999)

06/25/1999 16 MEMORANDUM by Vulcan International in support of [15-1] motion for an order, purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Section 78u-4, appointing the following persons to serve as Lead Pltffs in this securities litigation: Vulcan Internation Corp., Alan E. Bennett, Hal Pugach, Jacob Salzmann, Louis Karp and Gary and Jean Murray, [15-2] motion for an order, approving the AMF pltffs Group's choice as Co-Lead Counsel of Berger & Montague, P.C. and Law Offices Bernard M. Gross, P.C. and as Liaison Counsel, the Law Office of Thomas D. Gettler. (sac) (Entered: 06/28/1999)

06/25/1999 Remark from Cashier's Office made on copy of Order admitting Todd S. Collins and Lawrence Deutsch to appear pro hac vice. $50 Atty Admission Fee paid on 6/25/99, #348054. (sac) (Entered: 06/28/1999)

07/01/1999 Pretrial Conference held before Judge Harold Baer Jr. . (cd) (Entered: 07/27/1999)

07/02/1999 17 ORDER APPOINTING LEAD PLAINTIFFS AND CO-LEAD AND LIAISON COUNSEL; granting [15-1] motion for an order, purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of as amended by the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Section 78u-4, appointing the following persons to serve as Lead Pltffs in this securities litigation: Vulcan Internation Corp., Alan E. Bennett, Hal Pugach, Jacob Salzmann, Louis Karp and Gary and Jean granting [15-2] motion for an order, approving the AMF pltffs Group's choice as Co-Lead Counsel of Berger & Montague, P.C. and Law Offices Bernard M. Gross, P.C. and Liaison Counsel, the Law Office of Thomas D. Gettler; Co-Lead Counsel shall have the duties and responsibilities, to be carreid out either personally or through designated counsel as set forth in this order. Co-Lead Counsel shall be the contact between plaintiffs' counsel and defendants' counsel as well as spokespersons for plaintiffs' counsel. Defendants' counsel may rely upon all agreements made with Lead Counsel and such agreements shall be binding on plaintiffs. (signed by Judge Harold Baer Jr.); Copies mailed. (djc) (Entered: 07/02/1999)

07/02/1999 18 STIPULATED PRE-TRIAL ORDER filed; ( signed by Judge Harold Baer Jr. ) (ls) (Entered: 07/02/1999)

08/02/1999 19 AMENDED CLASS ACTION COMPLAINT by Vulcan International (Answer

due 8/16/99 for Douglas J. Standard, for Richard A. Friedman, for AMF Bowling, Inc., for Schroder & Co. Inc., for Cowen & Company, for Morgan Stanley & Co., for Goldman, Sachs & for The Goldman Sachs ) amending [1-1] complaint against Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Murray, Jean Murray; Summons issued. Jury Trial Demanded. (djc) (Entered: 08/05/1999)

10/15/1999 20 STIPULATION and ORDER; that defts will not respond to the amended class action complaint, for which their response was due 10/1/99; pltffs shall file their second amended complaint on or before 10/15/99; defts shall respond to the second amended complaint on or before 12/15/99; pltffs shall respond to any motion(s) to dismiss on or before 1/14/00; defts shall file any reply brief(s) on or before 1/28/00 ( signed by Judge Harold Baer Jr. ) (jp) (Entered: 10/19/1999)

10/15/1999 21 SECOND AMENDED COMPLAINT by Vulcan International, Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Gary Murray, Jean Murray (Answer due 11/4/99 for Douglas J. Standard, for Richard A. Friedman, for AMF Bowling, Inc., for Schroder & Co. Inc., for Cowen & Company, for Morgan Stanley & Co., for Goldman, Sachs & Co., for The Goldman Sachs amending [19-1] amended complaint; Summons issued. (ri) (Entered: 10/20/1999)

12/17/1999 22 STIPULATION and ORDER, that the defendants' response to the second amended class action complaint, which had been due filed on or before 12/15/99, now shall be filed on or before 12/22/99 ; That plaintiffs shall respond to any motions to dismiss on or before 1/28/00; Defendant shall file any reply briefs on or before 2/11/00; Likely no more adjournments . (signed by Judge Harold Baer Jr.) (ri) (Entered: 12/21/1999)

02/14/2000 23 NOTICE OF MOTION by AMF Bowling, Inc., Richard A. Friedman, Goldman Sachs Group, Goldman, Sachs & Co., Morgan Stanley, Dean Witter & Co., Cowen & Co., Schroder & Co., Douglas J. Standard; to dismiss the second amended class action complt. w/ prejudice purs. to F.R.C.P. 9(b) and 12(b)(6 ; Return date 2/11/00; Affdvt. by Yocheved Cohen (to transmit to the certain doc's. being fld. herewith in connection w/ defts' motion to dismiss) attached (ls) Modified on 02/15/2000 (Entered: 02/15/2000)

02/14/2000 24 MEMORANDUM OF LAW by AMF Bowling, Inc., Richard A. Friedman, Douglas J. Standard, The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc. in support of [23-1] motion to dismiss the second amended class action complt. w/ prejudice purs. to F.R.C.P. 9(b) and 12(b)(6 (ls) (Entered: 02/15/2000)

02/14/2000 25 MEMORANDUM OF LAW by Vulcan International, Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Gary Murray, Jean Murray in opposition to [23-1] motion to dismiss the second amended class action complt. w/ prejudice purs. to F.R.C.P. 9(b) and 12(b)(6 (ls) (Entered: 02/15/2000)

02/14/2000 26 REPLY MEMORANDUM by AMF Bowling, Inc., Richard A. Friedman, Douglas J. Standard, The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc. in support re: [23-1] motion to dismiss the second amended class action complt. w/ prejudice purs. to F.R.C.P. 9(b) and 12(b)(6 (ls) (Entered: 02/15/2000)

04/26/2000 Motion Hearing held before Judge Harold Baer Jr. Re: [23-1] motion to dismiss the

second amended class action complt. prejudice purs. to F.R.C.P. 9(b) and 12(b)(6) on 4/26/00. Judge's decision reserved. (ri) (Entered: 04/27/2000)

06/09/2000 27 Transcript of record of proceedings before Judge Harold Baer Jr. for the date(s) of 4/26/00. (jp) (Entered: 06/09/2000)

09/22/2000 28 Notice of reassignment to Judge Kimba M. Wood . Copy of notice and judge's rules mailed to Attorney(s) of record: Donald B. Lewis, Kurt Olsen, Lawrence Deutsch, Todd S. Collins, Thomas D. Gettler . (bm) (Entered: 09/26/2000)

10/03/2000 29 Notice of reassignment to Judge Denny Chin . Copy of notice and judge's rules mailed to Attorney(s) of record: Donald B. Lewis, Kurt Olsen, Lawrence Deutsch, Todd S. Collins, Thomas D. Gettler . (bm) (Entered: 10/06/2000)

10/17/2000 30 RULE 1.9 CERTIFICATE filed by Vulcan International . (cd) (Entered: 10/18/2000)

10/17/2000 31 RULE 1.9 CERTIFICATE filed by Douglas J. Standard . (cd) (Entered: 10/18/2000)

10/18/2000 32 RULE 1.9 CERTIFICATE filed by AMF Bowling, Inc. (sac) (Entered: 10/20/2000)

10/23/2000 33 RULE 1.9 CERTIFICATE filed by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company . (lam) (Entered: 10/25/2000)

10/26/2000 34 RULE 1.9 CERTIFICATE filed by AMF Bowling, Inc., and Richard A. Friedman. (kw) (Entered: 10/27/2000)

11/16/2000 35 NOTICE OF MOTION by Douglas J. Stanard for Michael Dockterman and Samuel S. Cohen to appear pro hac vice for deft Stanard ; Return date 12/8/00; attached is an affidavit in support (cd) (Entered: 11/17/2000)

12/14/2000 Memo endorsed on motion; granting [35-1] motion for Michael Dockterman and Samuel S. Cohen to appear pro hac vice for deft Stanard. ( signed by Judge Denny Chin ); Copies mailed. (Forwarded to Attorney Admissions Clerk) (sn) (Entered: 12/14/2000)

12/18/2000 Remark by Cashier's Office on copy of notice of motion for admission of Michael Dockterman and Samuel S. Cohen pro hac vice, Doc. #35; "#392491, ck. $50, 12/18/00". (sn) (Entered: 12/20/2000)

03/06/2001 36 NOTICE of Subsequent Authority by Vulcan International, Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Gary Murray, Jean Murray. (sac) (Entered: 03/07/2001)

03/14/2001 37 NOTICE of Subsequent Authority by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc., AMF Bowling, Inc., Richard A. Friedman, Douglas J. Standard. (sac) (Entered: 03/15/2001)

03/23/2001 38 MEMORANDUM DECISION; denying [23-1] motion to dismiss the second amended class action complt. w/ prejudice purs. to F.R.C.P. 9(b) 12(b)(6; reset pre-trial conference for 10:00 4/5/01, in Courtroom 11A . ( signed by Judge Denny Chin ); Copies mailed. (pl) (Entered: 03/26/2001)

04/10/2001 39 ORDER, fact discovery, which has already begun, shall conclude on 1/15/02;

expert discovery shall begin on 1/16/02 and conclude on 4/1/02 ; answer due for 5/7/01 for Douglas J. Standard, for Richard A. Friedman, for AMF Bowling, Inc., for Schroder & Co. Inc., for Cowen & for Morgan Stanley & Co., for Goldman, Sachs & Co., for The Goldman Sachs ; pltffs shall file their motion for class certification by 4/27/01; after defts have received the papers and decided what, if any, discovery they with respect to the class certification issues, the parties shall promptly propose a schedule for the completion of such discovery and the filing of such motion papers ; a pre-trial conference will be held on 4/5/02 @ 10:00 a.m. . ( signed by Judge Denny Chin ); Copies mailed. (kg) (Entered: 04/10/2001)

04/27/2001 40 NOTICE OF MOTION by Vulcan International, Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Gary Murray, Jean Murray to certify class action ; Return date not indicated. (djc) (Entered: 05/01/2001)

04/27/2001 41 MEMORANDUM OF LAW by Vulcan International, Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Gary Murray, Jean Murray in support of [40-1] motion to certify class action . (djc) (Entered: 05/01/2001)

05/07/2001 43 ANSWER to Complaint by AMF Bowling, Inc., Richard A. Friedman (Attorney Paul Vizcarrondo, Jr. from the Firm: Wachtell Lipton Rosen & Katz). (lam) (Entered: 05/10/2001)

05/08/2001 42 ANSWER TO THE AMENDED CLASS ACTION COMPLAINT by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Schroder & Co. Inc. (Attorney Gandolfo V. DiBlasi from the Firm: Sullivan & Cromwell). (djc) (Entered: 05/10/2001)

05/15/2001 44 ANSWER TO THE SECOND AMENDED COMPLAINT by Douglas J. Standard (Attorney Mark L. Weyman from the Firm: Anderson Kill & Olick, P.C.). (sac) (Entered: 05/17/2001)

08/06/2001 45 STIPULATION and ORDER, regarding procedures that shall govern the handling of "Confidential" and "Highly Confidential" documents and materials . ( signed by Judge Denny Chin ) (ae) (Entered: 08/07/2001)

09/05/2001 46 CERTIFICATE OF SERVICE of Response to Subpoena as to AMF Bowling, Inc. by federal express on 8/17/01 . . (bai) (Entered: 09/06/2001)

09/20/2001 47 NOTICE of change of firm address for the Firm of Law Offices Bernard M. Gross, P.C. by Vulcan International, Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Gary Murray, Jean Murray . (pl) (Entered: 09/24/2001)

10/26/2001 48 Memo-Endorsement on letter addressed to Judge Chin from Theresa Trzaskoma, dated 10/25/01; reset pre-trial conference for 11:00 AM on 1/25/02 . ( signed by Judge Denny Chin ); Copies mailed. (sn) (Entered: 10/29/2001)

01/22/2002 49 Memo-Endorsement on letter addressed to Judge Chin from Matthew Baughman, dated 1/17/02: Application by Mr. Baughman for extension of PTC is DENIED. The parties shall appear for the 1/25/02 PTC as scheduled . ( signed by Judge Denny Chin ); Copies mailed. (tp) (Entered: 01/23/2002)

03/04/2002 50 MEMORANDUM OF LAW by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc., Richard A. Friedman, Douglas J. Standard in opposition to [40-1] motion to certify class action

. (bai) (Entered: 03/05/2002)

03/04/2002 51 DECLARATION of Theresa Trzaskoma by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc. in opposition Re: [40-1] motion to certify class action . (bai) (Entered: 03/05/2002)

03/08/2002 52 STIPULATION and ORDER; that the firm of Simpson Thacher & Bartlett, 425 Lexington Ave., N.Y.C. 10017, shall be and hereby is substituted as attys for dft. Douglas J. Standard in place and instead of Wildman, Harrold, Allen & Dixon and Andersen Kill & Olick, P.C. . ( signed by Judge Denny Chin )(pl) Modified on 03/11/2002 (Entered: 03/11/2002)

03/11/2002 53 REPLY MEMORANDUM by Vulcan International in support [40-1] motion to certify class action (db) (Entered: 03/13/2002)

03/11/2002 54 DECLARATION of Todd S. Collins by Vulcan International in support Re: [40-1] motion to certify class action . (db) (Entered: 03/13/2002)

03/18/2002 55 STIPULATION of Dismissal with Prejudice of Certain Claims; that plaintiffs Vulcan International Corporation, Alan E. Bennett, Louis Karp, Gary Murray and Jean Murray withdraw as parties to the litigation, without costs to any party; Vulcan International Corporation, Alan E. Bennett, the Estate of Louis Karp, Gary Murray and Jean Murray shall continue to participate in the litigation as members of the putative class. ( signed by Judge Denny Chin ) (kkc) (Entered: 03/18/2002)

03/19/2002 56 NOTICE OF MOTION/REQUEST by Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc. for leave to file Surreply Memo and Surreply Memo in further oppositon to class certification ; Return date not indicated (cd) (Entered: 03/26/2002)

03/22/2002 58 OPPOSITION by Jacob Salzman, Hal Pugach to [56-1] motion for leave to file Surreply Memo and Surreply Memo in further oppositon to class certification. (kkc) (Entered: 04/01/2002)

03/26/2002 57 MEMORANDUM DECISION granting in part, denying in part [40-1] motion to certify class action. The Sec 11 Class is certified and the Sec 12 Subclass is not certified ( signed by Judge Denny Chin ); Copies mailed. (cd) (Entered: 03/28/2002)

04/09/2002 Memo endorsed on motion; granting in part, denying in part as per the Memorandum Decision dated 3/25/02, [40-1] motion to certify class action ( signed by Judge Denny Chin ); Copies mailed. (cd) (Entered: 04/10/2002)

04/12/2002 59 NOTICE OF MOTION by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, and Schroder & Co. Inc., for an order pursuant to FRCP 23(c)(1) and Local Civil Rule 6.3 clarifying the Memorandum and Decision dated 3/25/02 to limit the Section 11 Class to persons who purchased AMF stock before 7/31/98 . Return date 5/3/02 at 10:00 a.m. (kw) (Entered: 04/17/2002)

04/12/2002 60 MEMORANDUM OF LAW by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, and Schroder & Co. Inc. in support of [59-1] motion for an order pursuant to FRCP 23(c)(1) and Local Civil Rule 6.3 clarifying the Memorandum and Decision dated 3/25/02 to limit the Section 11

Class to persons who purchased AMF stock before 7/31/98. (kw) (Entered: 04/17/2002)

04/19/2002 61 MEMORANDUM OF LAW by Vulcan International, Jacob Salzman, Alan E. Bennett, Hal Pugach, Louis Karp, Gary Murray, Jean Murray in opposition to [59-1] motion for an order pursuant to FRCP 23(c)(1) and Local Civil Rule 6.3 clarifying the Memorandum and Decision dated 3/25/02 to limit the Section 11 Class to persons who purchased AMF stock before 7/31/98 . (yv) (Entered: 04/24/2002)

04/30/2002 62 Memo-Endorsement on letter addressed to Jude Chin from Deborah R. Gross, dated 04/19/02; the request for leave to take 40 depositions is denied. Fourty is excessive. Moreover, plaintiffs' counel shall discuss, in a meaningful fashion, with defense counsel why more than 10 days, are needed. Such a discussion would necessarily entail identifying the proposed witnesses. If the parties still cannot agree after having such a discussion, plaintiffs may renew this application ; ( signed by Judge Denny Chin ); Copies mailed. (djc) (Entered: 05/02/2002)

04/30/2002 63 REPLY MEMORANDUM by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc. in support of re: [59-1] motion for an order pursuant to FRCP 23(c)(1) and Local Civil Rule 6.3 clarifying the Memorandum and Decision dated 3/25/02 to limit the Section 11 Class to persons who purchased AMF stock before 7/31/98 (bai) (Entered: 05/03/2002)

05/21/2002 64 MEMORANDUM DECISION, that the motion for reconsideration of the Court's 3/25/02 [57-1] class certification order, is granted, and the class period is hereby limited to those persons, excluding defendants, who purchased AMF common stock pursuant to the 11/7/97 initial public offering before 2/26/99 . ( signed by Judge Denny Chin ); Copies mailed. (tp) (Entered: 05/23/2002)

05/21/2002 Memo endorsed on motion; granting in part, denying in part (pursuant to Memorandum Decis;ion dated May 21, 2002) [59-1] motion for an order pursuant to FRCP 23(c)(1) and Local Civil Rule 6.3 clarifying the Memorandum and Decision dated 3/25/02 to limit the Section 11 Class to persons who purchased AMF stock before 7/31/98 . ( signed by Judge Denny Chin ); Copies mailed. (djc) (Entered: 05/23/2002)

12/17/2002 65 STIPULATION and ORDER: dfts shall have until 1/17/03 to respond to pltff's first set of requests for admissions with interrogatories and requests for production of documents addressed to dfts, dated 11/20/02 . ( signed by Judge Denny Chin ); Copies Faxed by Chambers. (db) (Entered: 12/23/2002)

12/27/2002 66 STIPULATION and ORDER; that the deadline for completing fact discovery is modified to the extent of permitting the Rule 30(b)(6) deposition of Morgan Stanley & Co. Inc. pursuant to the notice of deposition dated 11/26/02, to be held during January 2003 . ( signed by Judge Denny Chin ) (jco) (Entered: 01/08/2003)

01/13/2003 67 STIPULATION and ORDER, the deadline for completing fact discovery is modified to the extent of permitting the Rule 30(b)(6) deposition of Morgan Stanley & Co., Inc., pursuant to the notice of deposition dated 11/26/02, to be held during January, 2003 . ( signed by Judge Denny Chin ) (kw) (Entered: 01/15/2003)

02/04/2003 68 ORDER, granting pltffs' unopposed motion for approval of notice of prendency of class action. ( signed by Judge Denny Chin ); (sac) (Entered: 02/11/2003)

02/28/2003 69 SEALED DOCUMENT placed in vault. (wv) (Entered: 03/03/2003)


03/14/2003 72 DECLARATION of Robinson B. Lacy by Morgan Stanley & Co. in opposition Re: plaintiffs' motion to preclude. (yv) (Entered: 03/17/2003)

03/17/2003 71 MEMORANDUM OF LAW by Morgan Stanley & Co. in opposition to plaintiffs' preclusion motion. (yv) (Entered: 03/17/2003)


03/21/2003 74 REPLY MEMORANDUM by Vulcan International in support re: plaintiffs' motion to preclude Morgan Stanley & Co. from offering testimony or evidence as to Morgan Stanley's alleged service as qualified independent underwriter. (yv) (Entered: 03/25/2003)

03/26/2003 75 MEMORANDUM OF LAW by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company, Schroder & Co. Inc., AMF Bowling, Inc., Richard A. Friedman, Douglas J. Standard in opposition to plaintiffs' motion for leave to File third consoldiated and amended class action complaint or for alternative relief. (pl) (Entered: 03/27/2003)

03/26/2003 76 AFFIDAVIT of Matthew H. Baughman with Annexed Exhibits Re: plaintiffs' motion for leave to file Third Consolidated and Amended Class Action Complaint or for alternate relief. . (pl) (Entered: 03/27/2003)

03/31/2003 Terminated document 56-1 pursuant to instructions of Judge Chin as indicated on the CJRA report. (rag) (Entered: 04/01/2003)

05/02/2003 77 ORDER, granting plaintiffs motion for leave to file a third amended complaint to add new allegations about different areas of the same Registration Statement and Prospectus , plaintiffs shall serve and file the third amended complaint by 5/8/03; additional fact discovery, if any, shall be completed no later than 7/1/03 and expert discovery shall be completed by 9/29/03; The parties shall appear for a pre-trial conference by 3:00 p.m. on 9/29/03 in Courtroom 11A, United States Courthouse, 500 Pearl Street, New York . ( signed by Judge Denny ); Copy faxed by Chambers. (yv) (Entered: 05/05/2003)

05/08/2003 78 THIRD AMENDED COMPLAINT by Vulcan International (Answer due 5/19/03 for Douglas J. Standard, for Richard A. Friedman, for AMF Bowling, Inc., for Schroder & Co. Inc., for Cowen & Company, for Morgan Stanley & Co., for Goldman, Sachs & Co., for The Goldman Sachs ) amending [1-1] complaint . Summons issued. (cd) (Entered: 05/12/2003)

05/08/2003 78 DEMAND for jury trial by Vulcan International . (cd) (Entered: 05/12/2003)

05/12/2003 79 Memo-Endorsement on letter addressed to Judge Chin from Robinson B. Lacy, dated 05/08/03; Plaintiffs shall respond to the interrogatories by 05/30/03 ; ( signed by Judge Denny Chin ); (djc) (Entered: 05/13/2003)

05/12/2003 80 Letter filed by Jacob Salzman, Hal Pugach addressed to Judge Chin from Todd S.

Collins, dated 5/9/03, re: request for Court to deby Mr. Lacy's request to shorten time to respond to the interrogatories. (db) (Entered: 05/13/2003)

05/27/2003 81 ANSWER to Complaint by Richard A. Friedman (Attorney Paul Vizcarrondo, Jr. from the Firm: Wachtell, Lipton, Rosen & Katz) . (moc) (Entered: 05/28/2003)

05/27/2003 83 ANSWER to Complaint by Douglas J. Standard (Attorney William Michael Regan, Michael J. Chepiga from the Firm: Simpson, Thacher & Bartlett). (db) (Entered: 06/02/2003)

05/28/2003 82 ANSWER by The Goldman Sachs, Goldman, Sachs & Co., Morgan Stanley & Co., Cowen & Company to [78-1] third amended complaint . (Attorney Robinson B. Lacy from the Firm: Sullivan & Cromwell). (moc) (Entered: 05/30/2003)

06/03/2003 85 Transcript of record of proceedings before Judge Denny Chin for the date(s) of April 4, 2003. (dt) (Entered: 06/17/2003)

06/03/2003 86 Transcript of record of proceedings before Judge Denny Chin for the date(s) of April 4, 2003. (dt) (Entered: 06/17/2003)

06/13/2003 84 NOTICE of firm registration as an LLP and name change. (dle) (Entered: 06/16/2003)

06/19/2003 87 Memo-Endorsement on letter addressed to Judge Chin from James Park, dated 6/13/03. counsel for defendant Richard Friedman requests leave of the Court to schedule the depositions of 2 of the fact witnesses on 7/1/03 to take fact discovery. Application granted . ( signed by Judge Denny Chin ); Copy faxed by Chambers. (yv) (Entered: 06/20/2003)

07/15/2003 88 ORDER, that counsel shall meet and confer in good faith over the issue of the adequacy of plaintiffs' responses to dfts' interrrogatories, in answering the interrogatories, plaintiffs shall provide accurate and propoer responses as further set forth in this order. Dfts shall serve any modified interrogatories by 7/18/03; all fact discovery shall be complete by 9/5/03; all expert discovery shall be complete by 11/7/03 and parties shall appear for a pretrial conference on 11/21/03 at 10:00 a.m. . ( signed by Judge Denny Chin ); (dle) (Entered: 07/17/2003)

10/15/2003 89 STIPULATION and ORDER: depositions of pltffs experts to be conducted from 10/20/03 to 10/31/03, dfts from 11/10/03 to 11/25/03; expert discovery is extended to 11/25/03 . ( signed by Judge Denny Chin ); Copies Faxed by Chambers. (db) (Entered: 10/20/2003)

11/12/2003 90 Memo-Endorsement on letter addressed to Judge Denny Chin from Deborah Gross, dated 11/6/03. Re:, counsel for parties request an extension of the discovery cut off until mid February, 2004 to work on mediation. Application denied . ( signed by Judge Denny Chin ); (dle) (Entered: 11/14/2003)

11/17/2003 91 Memo-Endorsement on letter addressed to Judge Chin from Paul Vizcarrondo, Jr., dated 10/14/03. Re: Counsel writes to request that the Court grant a three-week adjournment of the expert discovery schedule. Approved. So Ordered . ( signed by Judge Denny Chin ) (jco) (Entered: 11/19/2003)

11/20/2003 92 Notice of Case reassignment to Judge P. K. Castel . Copy of notice and judge's rules mailed to Attorney(s) of record: Bernard M. Gross, William Michael Regan,

Michael J. Chepiga, Michael J. Chepiga, Mark L. Weyman, Paul Vizcarrondo, Jr., Gandolfo V. DiBlasi, Robinson B. Lacy, Donald B. Lewis, Kurt Olsen, Lawrence Deutsch, Todd S. Collins, Thomas D. Gettler . (laq) (Entered: 11/20/2003)

11/21/2003 MEMORANDUM TO THE DOCKET CLERK: November 21, 2003- All parties are present and a pre-trial conference is held. All fact discovery has been completed. Expert discovery will be completed by 1/16/04. The Court sets a schedule for the summary judgment motion. The motion will be filed on 1/30/04, responses will be filed by 2/27/04, replies are due by 3/19/04. The court will hear oral argument on 4/9/04 at 10:00 a.m. A final pre-trial conference also will be held on 4/9/04. A trial date of 7/6/04 at 10:00 a.m. is set. (jco, ) (Entered: 12/02/2003)

11/21/2003 Discovery due by 1/16/2004. Motions due by 1/30/2004. Replies due by 3/19/2004. Responses due by 2/27/2004 Final Pretrial Conference set for 4/9/2004 10:00 AM before P. Kevin Castel. Oral Argument set for 4/9/2004 10:00 AM before P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/21/03) (jco, ) (Entered: 12/02/2003)

11/21/2003 MEMORANDUM TO THE DOCKET CLERK: A Pretrial conference was held on 11/21/03 before Judge Castel. (jco, ) (Entered: 12/03/2003)

01/20/2004 93 ENDORSED LETTER addressed to Judge Castel from Robinson B. Lacy dated 1/20/2004 re: Extending page limit and premotion conference: The Court directs if the moving defendants including Messrs Friedman and Stanard)agree upon a joint moving and briefing schedule, then they may have 50 pages opposing and 25 reply, in that event plaintiff may have 50 pages in answering brief so that the defendants may meet the 1/30/2004 filing date,no premotion conference will be required for its summary judgment motions or for in limine motions directed to Miller Brachner and Kreins.. (Signed by Judge P. Kevin Castel on 1/20/2004) Copies mailed to counsel by Chambers.(jsa, ) (Entered: 01/29/2004)

01/29/2004 94 ENDORSED LETTER addressed to Judge Kevin P. Castel from Michael J. Chepiga and Paul Vizcarrondo dated 1/27/04 re: Counsel for defendants request that the Court allow them to reserve their right to file motions for summary judgment in the unlikely event that for any reason the contemplated settlement is not consummated. Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 1/28/04) (jco, ) (Entered: 02/05/2004)

02/02/2004 95 MOTION for an order pursuant to Rules 104,702 and 703 of the FRE precluding the testimony of plaintiffs' proposed expert witnesses George Bradner, Paul Kreins, and R.Alan Miller. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., The Goldman Sachs Group, L.P.. (dle, ) (Entered: 02/09/2004)

02/02/2004 96 MOTION for an order granting summary judgment dismissing the claims against Investment Bank dfts. Rule 56.1 statement and Harper declaration attached. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., The Goldman Sachs Group, L.P.. (dle, ) (Entered: 02/09/2004)

02/02/2004 97 EXPERT AFFIRMATIONS and reports in Support of: [96] MOTION for Summary Judgment.. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., The Goldman Sachs Group, L.P.. (dle, ) (Entered: 02/09/2004)

02/02/2004 98 MEMORANDUM OF LAW in Support re: [95] MOTION to Preclude.. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., The Goldman Sachs Group, L.P.. (dle, ) (Entered: 02/09/2004)

02/02/2004 99 MEMORANDUM OF LAW in Support re: [96] MOTION for Summary Judgment.. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., The Goldman Sachs Group, L.P.. (dle, ) (Entered: 02/09/2004)

02/02/2004 100 DECLARATION of Roger Harper and Richard Friedman in Support re: [96] MOTION for Summary Judgment.. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., The Goldman Sachs Group, L.P.. (dle, ) (Entered: 02/09/2004)

02/05/2004 101 ENDORSED LETTER addressed to Judge P. Kevin Castel from Deborah R. Gross dated 2/3/2004; counsel writes to request that the Court strike defendants 50-page summary judgment memorandum and order defendants to file a summary judgment memorandum of 35 pages in length at most. As I understand it, one 48-page brief has been filed on behalf of all defendants remaining in the case. I will allow it to stand with plaintiffs having 25 pages to reply. (Signed by Judge P. Kevin Castel on 2/4/2004) Copies Faxed by Chambers.(kkc, ) (Entered: 02/10/2004)

02/13/2004 102 Errata Sheet MEMORANDUM OF LAW in Support re: [96] MOTION for Summary Judgment.. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., The Goldman Sachs Group, L.P.. (dle, ) (Entered: 02/24/2004)

02/13/2004 103 (CORRECTED) MEMORANDUM OF LAW in Support re: [96] MOTION for Summary Judgment. (Accepted for filing (PKC). Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., The Goldman Sachs Group, L.P.. (pa, ) (Entered: 02/27/2004)

02/27/2004 104 ENDORSED LETTER addressed to Judge Castel from Deborah R. Gross dated 2/25/2004 re:request for premotion conference: The request is denied. Plaintiff should address the issues in the context of their opposition for summary judgment. (Signed by Judge P. Kevin Castel on 2/24/2004) copies mailed by Chambers.(jsa, ) (Entered: 02/27/2004)

02/27/2004 105 MEMORANDUM OF LAW in Opposition re: [96] MOTION for Summary Judgment. Document filed by Hal Pugach, Jacob Salzman. (sac, ) (Entered: 03/03/2004)

02/27/2004 106 RESPONSE to the Investment Bank Defendants' Statement of Material Facts as to which there is no genuine issue to be tried. Document filed by Hal Pugach, Jacob Salzman. (sac, ) (Entered: 03/03/2004)

02/27/2004 107 AFFIDAVIT of Deborah R. Gross in Support re: [105] Memorandum of Law in Oppisition to Motion. Document filed by Hal Pugach, Jacob Salzman. (sac, ) (Entered: 03/03/2004)

02/27/2004 108 RESPONSE to Motion re: [95] MOTION to Preclude. Document filed by Hal Pugach, Jacob Salzman. (sac, ) (Entered: 03/03/2004)

03/08/2004 109 ENDORSED LETTER addressed to Judge P. Kevin Castel from Todd S. Colline

dated 3/1/02 re: requests the Investment Bank Defendants take two extra days to submit their reply papers. Application granted as to reply brief. I do not undestand why the gounds for striking could not be asserted in the opposition papers. Neither Mr. Collin's letter nor Ms. Gross' letter addresses this. Plaintiff may submit a letter within 5 days hereof explaining why materials should be stricken. Defendnat may respond 5 days thereof. (Signed by Judge P. Kevin Castel on 3/5/04) Copies Faxed By Chambers.(dfe, ) (Entered: 03/10/2004)

03/11/2004 110 MEMORANDUM OF LAW in Opposition re: [96] MOTION for Summary Judgment. Document filed by Hal Pugach, Jacob Salzman. (jge, ) (Entered: 03/16/2004)

03/11/2004 111 RESPONSE to Motion re: [96] MOTION for Summary Judgment. Document filed by Hal Pugach, Jacob Salzman. (jge, ) (Entered: 03/16/2004)

03/11/2004 112 RESPONSE to Motion re: [96] MOTION for Summary Judgment. Document filed by Hal Pugach, Jacob Salzman. (jge, ) (Entered: 03/16/2004)

03/11/2004 113 MEMORANDUM OF LAW in Opposition re: [96] MOTION for Summary Judgment. Document filed by Hal Pugach, Jacob Salzman. (jge, ) (Entered: 03/16/2004)

03/11/2004 114 Exhibits 140-146 in Support of Plaintiff's Memorandum in Opposition to Motion for Summary Judgment. Document filed by Hal Pugach, Jacob Salzman. (jge, ) (Entered: 03/16/2004)

03/22/2004 115 DECLARATION of Deborah Martinez. Document filed by AMF Bowling, Inc., Cowen & Company, Richard A. Friedman, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., Douglas J. Standard, The Goldman Sachs Group, L.P.. (jmi, ) (Entered: 03/24/2004)

03/22/2004 116 Investment Bank Defendants' Reply Memorandum Of Law in Support Of Their Motion To Preclude Expert Testimony. Document filed by AMF Bowling, Inc., Cowen & Company, Richard A. Friedman, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., Douglas J. Standard, The Goldman Sachs Group, L.P.. (jmi, ) (Entered: 03/24/2004)

03/22/2004 117 REPLY MEMORANDUM OF LAW in Support Of The Investment Bank Defendants' Motion For Summary Judgment. Document filed by AMF Bowling, Inc., Cowen & Company, Richard A. Friedman, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., Douglas J. Standard, The Goldman Sachs Group, L.P.. (jmi, ) (Entered: 03/24/2004)

03/22/2004 118 Combine Investment Bank Defendants' Statement Of Material Facts As To Which There Is No Genuine Issue To Be Tried, Plaintifs' Responses ThereTo, And Defendants' Replies To Plaintiffs' Responses. Document filed by AMF Bowling, Inc., Cowen & Company, Richard A. Friedman, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., Douglas J. Standard, The Goldman Sachs Group, L.P.. (jmi, ) (Entered: 03/24/2004)

03/22/2004 122 MOTION for an Order Approving of the partial settlement of the class action lawsuit pursuant to the terms of the Stipulation of Settlement. Document filed by Alan E. Bennett, Louis Karp, Gary Murray, Jean Murray, Hal Pugach, Jacob

Salzman, Vulcan International Corporation. Proposed Stipulation and Agreement of Settlement. (yv, ) Modified on 3/26/2004 (yv, ). (Entered: 03/26/2004)

03/22/2004 123 MEMORANDUM OF LAW in Support re: [122] MOTION to Approve partial settlement. Document filed by Alan E. Bennett, Louis Karp, Gary Murray, Jean Murray, Hal Pugach, Jacob Salzman, Vulcan International Corporation. (yv, ) (Entered: 03/26/2004)

03/23/2004 119 DECLARATION of Roger Harper And Richard Friedman And Rebecca Simmons And Robinson B. Lacy in Support Of The Investment Bank Defendants' Motion For Summary Judgment. Document filed by AMF Bowling, Inc., Cowen & Company, Richard A. Friedman, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., Douglas J. Standard, The Goldman Sachs Group, L.P.. (jmi, ) (Entered: 03/25/2004)

03/23/2004 120 ENDORSED LETTER addressed to Judge P. Kevin Castel from Robinson B. Lacey dated 3/22/04 re: 1) oral argument and final pretrial conference set for 4/9/04 at 10:00 a.m. 2) I did not realize before the Anaconda-Ericsson case was called to my attention by Ms. Lacey why plaintiffs or defendants has insisted upon a formal motion to strike, Upon reconsideration, any party may proceed to file a notice of motion to strike. Argument and briefing, however, should be subsumed in the briefing on the pending summary judgment motion. (Signed by Judge P. Kevin Castel on 3/23/04) Copies Faxed by Chambers.(db, ) (Entered: 03/25/2004)

03/23/2004 Set Deadlines/Hearings: Final Pretrial Conference set for 4/9/2004 10:00 AM before P. Kevin Castel. Oral Argument set for 4/9/2004 10:00 AM before P. Kevin Castel. (db, ) (Entered: 03/25/2004)

03/23/2004 121 ORDER GRANTING PRELIMINARY APPROVAL OF PROPOSED PARTIAL SETTLEMENT providing for notice and scheduling settlement hearing: a settlement hearing pursuant to FRCP 23(e) is scheduled for 6/28/04 at 10:00 a.m., in Courtroom 12C for purposes as further set forth in said order. (Signed by Judge P. Kevin Castel on 3/22/04) Copies Faxed by Chambers.(db, ) (Entered: 03/26/2004)

03/26/2004 124 PLAINTIFFS' MEMORANDUM OF LAW in Opposition To Investment Bank Defendants' re: [96] MOTION for Summary Judgment.. Document filed by Alan E. Bennett, Louis Karp, Gary Murray, Jean Murray, Hal Pugach, Jacob Salzman, Vulcan International Corporation. (jmi, ) (Entered: 03/29/2004)

03/29/2004 125 NOTICE OF MOTION to Strike the affdvt of Deborah Gross, dtd 2/27/04. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc., The Goldman Sachs Group, L.P.. Return Date set for 4/9/2004 before P. Kevin Castel. (pa, ) (Entered: 04/01/2004)

04/07/2004 126 ENDORSED LETTER addressed to Judge Castel from Robinson B. Lacy dated 4/6/2004 request to bring a projector and screen and lap top computer for oral argument on 4/9/2004 at 10:00am. The request is granted. (Signed by Judge P. Kevin Castel on 4/7/2004) Copies mailed by Chambers.(jsa, ) (Entered: 04/08/2004)

04/09/2004 Minute Entry for proceedings held before Judge P. Kevin Castel : Oral Argument held on 4/9/2004 re: [96] MOTION for Summary Judgment. filed by Goldman,

Sachs & Co., Morgan Stanley & Co., Cowen & Company, The Goldman Sachs Group, L.P. (jco, ) (Entered: 04/13/2004)

04/19/2004 Minute Entry for proceedings held before Judge Robert W. Sweet : Settlement Conference held on 4/19/2004. (kw, ) (Entered: 04/20/2004)

04/19/2004 MEMORANDUM TO THE DOCKET CLERK: for proceedings held before Judge Robert W. Sweet : Settlement Conference held on 4/19/2004. (kw, ) (Entered: 04/20/2004)

04/20/2004 127 Objection to the Settlement Agreement, by Los Angeles County Employees Retirement Association. (cd, ) (Entered: 04/21/2004)

04/21/2004 128 RESPONSE to plaintiffs' supplemental declarations in opposition to motion for summary judgment. Document filed by Cowen & Company, Goldman, Sachs & Co., Morgan Stanley & Co., Schroder & Co. Inc. (yv, ) (Entered: 04/22/2004)

04/21/2004 129 DECLARATION of Christopher F. Ceasar. Document filed by AMF Bowling, Inc. (db, ) (Entered: 04/23/2004)

04/22/2004 130 DECLARATION of Douglas Stanard. Document filed by AMF Bowling, Inc. (db, ) (Entered: 04/23/2004)

04/22/2004 131 DECLARATION of Neil Mara in support of plaintiffs opposition to Investment Bank defendants motion for summary judgment. Document filed by Hal Pugach, Jacob Salzman. (db, ) (Entered: 04/23/2004)

04/22/2004 Minute Entry for proceedings held before Judge Robert W. Sweet : Settlement Conference held on 4/22/2004. (cd, ) (Entered: 04/26/2004)

04/30/2004 132 TRANSCRIPT of proceedings held on 4/9/2004 before Judge P. Kevin Castel.(jp, ) (Entered: 04/30/2004)

05/03/2004 133 ORDER, withdrawing without prejudice [95] Motion to Preclude, withdrawing [96] Motion for Summary Judgment, withdrawing [125] Motion to Strike . (Signed by Judge P. Kevin Castel on 4/30/04) Copies Faxed By Chambers.(sac, ) (Entered: 05/03/2004)

05/20/2004 134 ENDORSED LETTER addressed to Judge Castel from Todd S. Collins dated 5/20/04 re: granting dfts request that the 6/28 hearing should be rescheduled and the settlement should be considered both separately and as a whole. I will set the final hearing for 9/9 @10:00 a.m.. (Signed by Judge P. Kevin Castel on 5/20/04) Copies faxed by chambers.(pl, ) (Entered: 05/25/2004)

06/14/2004 135 MEMORANDUM OF LAW in Support re: [122] MOTION to Approve partial settlement.. Document filed by Vulcan International Corporation et al. (cd, ) (Entered: 06/16/2004)

06/16/2004 136 MEMORANDUM OF LAW in Support re: [122] MOTION to Approve partial settlement, by Lead Plaintiffs. (cd, ) (Entered: 06/18/2004)

06/17/2004 137 ORDER (on copy) granting [122] Motion to Preliminarily Approve The Settlement. . (Signed by Judge P. Kevin Castel on 6/16/04) copies sent by chambers.(cd, ) (Entered: 06/18/2004)

06/17/2004 138 ORDER: the Stanard-Friedman Settlement Fairness Hearing pursuant to FRCP 23(e), is scheduled for 9/9/04 at 10:00 a.m., in Courtroom 12C before Judge P. Kevin Castel for reasons further set forth in said Order. (Signed by Judge P. Kevin Castel on 6/16/04) Copies Faxed by Chambers.(db, ) (Entered: 06/18/2004)

08/09/2004 139 LEAD PLAINTIFFS' MOTION for final approval of settlements and plan of allocation; Document filed by Hal Pugach, Jacob Salzman. (djc, ) (Entered: 08/11/2004)

08/09/2004 141 MOTION of Lead Plaintiffs' for Attorney Fees., MOTION for fees and reimbursements of expenses; Document filed by Hal Pugach, Jacob Salzman. (djc, ) (Entered: 08/11/2004)

08/09/2004 142 MEMORANDUM OF LAW in Support re: [141] MOTION for Attorney Fees. MOTION for reimbursement of expenses. Document filed by Hal Pugach, Jacob Salzman. (djc, ) (Entered: 08/11/2004)

08/11/2004 140 DECLARATION of Deborah R. Gross and Todd S. Collins in Support re: [139] MOTION to Approve of settlemens and Plan of allocation. Document filed by Hal Pugach, Jacob Salzman. (djc, ) (Entered: 08/11/2004)

08/17/2004 143 LETTER addressed to Judge P. Kevin Castel by the Los Angeles County Employees Retirement Association "LACERA" from David L. Muir dated 8/16/04 re: response to 4/5/04 settlement notice. (db, ) (Entered: 08/19/2004)

09/09/2004 MEMORANDUM TO THE DOCKET CLERK: the parties are present and a class settlement fairness hearing is held. Court Reporter Tom Murray is present. See transcript. The Court accepts the settlement to the class. The Court reserves decision on the fee applictions. The plaintiff's counsel will submit affidavits describing the expert's fees, the expert's services, the law firm's expenses and will submit a proposed order and judgment by 9/15/04. (jco, ) (Entered: 09/13/2004)

09/10/2004 144 ORDER granting [139] Motion to Approve The settlements, totaling $20 million and the plan of allocation are approved as fair, reasonable and adequate to the class. Attorneys fees are awarded in the amount of $5,000,000 representing 25% of the recovery and 1.43 times the modified loadster. With respect to plaintiffs' counsel expenses, counsel is directed to submit the supplement the record with the affidavits described herein by 9/15/2004. If all the requested expenses of counsel are ultimately allowed, fees and expenses will equal 29.5% of the class recovery., granting [141] Motion for Attorney Fees, denying [141] Motion for expenses of lead plaintiff's Pugach and Salzman. . (Signed by Judge P. Kevin Castel on 9/10/2004) Copies faxed by Chambers.(jsa, ) (Entered: 09/15/2004)

09/21/2004 145 TRANSCRIPT of proceedings held on 9/9/04 before Judge P. Kevin Castel.(pa, ) (Entered: 09/21/2004)

09/22/2004 146 FINAL JUDGMENT AND ORDER as to The Goldman Sach Group, LP; Golman, sachs & Co.; Morgan Stanley & Co. Inc.; Cowen & Company; and Schroeder & Co., Inc.. (Signed by Judge P. Kevin Castel on 9/20/04) (ml, ) (Entered: 09/22/2004)

09/22/2004 147 FINAL JUDGMENT AND ORDER as to Douglas Stanard and Richard Friedman. (Signed by Judge P. Kevin Castel on 9/20/04) (ml, ) (Entered: 09/22/2004)

09/22/2004 148 TRANSCRIPT of proceedings held on 9/9/04 before Judge P. Kevin Castel.(pa, ) (Entered: 09/22/2004)

09/24/2004 Mailed notice of Right to Appeal to Attorney(s) of Record: Michael Joseph Chepiga, Michael J. Chepiga, Todd S. Collins, Gandolfo V. DiBlasi, Bernard M. Gross, Deborah Gross, Robinson Burrell Lacy, William Michael Regan, Paul Vizcarrondo. (snu, ) (Entered: 09/24/2004)

10/05/2004 Mailed notice of Right to Appeal to Attorney(s) of Record: Michael Joseph Chepiga, Michael J. Chepiga, Todd S. Collins, Gandolfo V. DiBlasi, Bernard M. Gross, Deborah Gross, Robinson Burrell Lacy, William Michael Regan, Paul Vizcarrondo. (snu, ) (Entered: 10/07/2004)

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u.s. district court southern district of new york (foley...

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